Case 2:06-cv-02383-JPM-dkv Document 1-1 Filed 06/20/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
ATHLETES BUILDING BETTER COMMUNITIES,LLC., d/b/a/ ATHLETES FOOT
Defendant.

)

)

)

)

CIVIL ACTION NO.

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)

)

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COMPLAINT

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JURY DEMAND

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)

)

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices based upon sex and to provide appropriate relief to Trackeisha Love, Dominique Bee, and Barbara O’Neal (the Charging Parties), and a class of other females who have been adversely affected by such practices. The Commission alleges that Defendant Athletes Building Better Communities LLC d/b/a/The Athletes Foot of Tennessee (hereinafter Athletes Foot), subjected the Charging Parties and a class of female employees to a hostile work environment, and retaliated against the Charging Parties when they protested the unlawful conduct, in violation of Title VII of the Civil Rights Act, as amended.
JURISDICTION 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. SsSs451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to Ss706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Ss2000e, et seq. (“Title VII”).

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Tennessee, Western Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”) is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Ss706(f)(1) and (3) of Title VII, 42 U.S.C. Ss2000-5(f). 4. At all relevant times, Defendant, Athletes Foot, was a Tennessee corporation doing business in the State of Tennessee and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Ss701(b), (g), and (h) of Title VII, 42 U.S.C. Ss2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, the Charging Parties filed charges with the Commission alleging that Defendant engaged in employment practices which violate Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. The Charging Parties, and other aggrieved females, were employed by Defendant in sales associate and assistant manager positions at its Memphis locations until as recently as 2005. 8. From on or around January 2005, and thereafter, the Charging Parties, and other aggrieved females, were subjected to unwelcome conduct, of a sexual nature, by one of
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Defendant’s managers. The activities included, but were not limited to, the manager asking one

of the Charging Parties if he could look under her skirt, mimicking oral sex with his tongue, and

asking male customers if they would like to have sex with her. The manager also repeatedly

grabbed another Charging Party on her thighs and buttocks. His inappropriate conduct with

another Charging Party included grabbing her breast and buttocks and kissing her on the mouth.

In addition to the inappropriate conduct, the manager used inappropriate language regarding

female genitals. Finally, other female employees were subjected to similar conduct by the

manager.

9. The Charging Parties were afraid to complain to management because they believed

they would be terminated. Their manager, the alleged harasser, threatened the women with

reduced hours and other punitive measures. Eventually, when the Charging Parties complained,

they were disciplined and ultimately terminated.

10. The practices complained of above are in violation of §§ 703(a) and 704(a) of Title

VII, as amended, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a).

11. The effect of the practices complained of above has been to deprive females of

equal employment opportunities and otherwise adversely affect their status as employees

because of their sex.

12. The unlawful employment practices complained of above are and were

intentional.

13.

Defendant Athletes Foot at all relevant times has been acting with malice or

reckless indifference to the federally protected rights of the Charging Parties and females as a

class because of their sex.

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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex, female. B. Grant a permanent injunction enjoining Defendant Employer and its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices that retaliate against persons who oppose employment practices made illegal by Title VII. C. Order Defendant Employer to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant Athletes Foot to make whole Trackeisha Love, Dominique Bee, Barbara O’Neal, and a class of other females by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial. E. Order Defendant Employer to make whole Trackeisha Love, Dominique Bee, and Barbara O’Neal by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial. F. Order Defendant Athletes Foot to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial. G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
_s/ Faye Williams______________________ FAYE WILLIAMS Acting Regional Attorney TN Bar No. 011730 _s/ Terry Beck________________________ TERRY BECK Supervisory Trial Attorney TN Bar No. 9346 _s/ Deidre Smith______________________ DEIDRE SMITH Senior Trial Attorney TN Bar No. 018499 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
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 Case 2:06-cv-02383-JPM-dkv Document 27 Filed 10/11/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION
________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

VS.

) No. 2:06-cv-2383 JPM-dkv

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ATHLETES BUILDING BETTER

)

COMMUNITIES, LLC., d/b/a

)

ATHLETES FOOT,

)

)

Defendant.

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________________________________________________________________

ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE ________________________________________________________________

Pursuant to Federal Rule of Civil Procedure 41(a),

Plaintiff, the United States Equal Employment Opportunity

Commission (“EEOC”), filed a Motion Requesting Voluntary

Dismissal without Prejudice (DE # 26) on October 9, 2007.

Plaintiff requests that this Court dismiss this case without

prejudice, with the condition that the case can be re-filed by

Plaintiff if property of Defendant is subsequently discovered

from which creditors can be paid.

On June 29, 2007, Defendant filed a Chapter 7 bankruptcy

case in the United States Bankruptcy Court for the Middle

District of Tennessee. The Notice received by the EEOC from the

bankruptcy court said not to file a proof of claim unless

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notified later, because there did not appear to be any property available to the trustee to pay creditors.
On August 27, 2007, the Clerk entered a Default (DE # 22) in this lawsuit because Defendant is no longer represented by counsel and failed to appear at a hearing to defend through counsel. A Damages Hearing currently is set in this case for October 12, 2007.
Two of the alleged discrimination victims are now attending school in New Orleans, Louisiana and Jackson, Tennessee. The EEOC requests that the Court dismiss this case without prejudice to avoid additional expense, inconvenience, and potential emotional and psychological stress to these witnesses, who would need to appear at the Damages Hearing.
For good cause shown, this case is hereby dismissed without prejudice, and no attorney’s fees or costs will be awarded. The damages hearing scheduled for October 11, 2007, at 9:30 a.m. is no longer necessary and is cancelled. This case can be re-filed by the EEOC if property of Defendant is subsequently discovered in the bankruptcy case from which creditors can be paid. A damages hearing can be held at that time.
SO ORDERED this 11th day of October, 2007.
/s/ JON P. McCALLA UNITED STATES DISTRICT JUDGE
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 Case 2:06-cv-02383-JPM-dkv Document 28 Filed 10/11/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION
________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

VS.

) No. 2:06-cv-2383 JPM-dkv

)

ATHLETES BUILDING BETTER

)

COMMUNITIES, LLC., d/b/a

)

ATHLETES FOOT,

)

)

Defendant.

)

________________________________________________________________

JUDGMENT ________________________________________________________________

JUDGMENT BY COURT. This action having come before the Court on Plaintiff’s Motion Requesting Voluntary Dismissal without Prejudice,

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that, in accordance with the Order Granting Plaintiff’s Motion Requesting Voluntary Dismissal without Prejudice, entered October 11, 2007, this case is DISMISSED without prejudice. This case can be refiled by the Plaintiff if property of Defendant is subsequently discovered in the bankruptcy case from which creditors can be paid.

APPROVED:

/s/ JON P. McCALLA UNITED STATES DISTRICT JUDGE

October 11, 2007 Date

 
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U.S. District Court Western District of Tennessee (Memphis) CIVIL DOCKET FOR CASE #: 2:06-cv-02383-JPM-dkv

CLOSED

Equal Employment Opportunity Commission v. Athletes Building Date Filed: 06/20/2006

Better Communities, LLC

Date Terminated: 10/11/2007

Assigned to: Chief Judge Jon Phipps McCalla

Jury Demand: Both

Referred to: Magistrate Judge Diane K. Vescovo

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carson L. Owen EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0133 Fax: 901-544-0111 Email: carson.owen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deidre Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: deidre.smith@eeoc.gov TERMINATED: 06/08/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 LEAD ATTORNEY

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V.
Defendant
Athletes Building Better Communities, LLC doing business as Athletes Foot

ATTORNEY TO BE NOTICED
Terry L. Beck EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0138 Fax: 901-544-0111 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jonathan C. Hancock GLANKLER BROWN, PLLC One Commerce Square Suite 1700 Memphis, TN 38103 901-525-1322 Fax: 901-525-2389 Email: jhancock@glankler.com TERMINATED: 07/25/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Whitney M. Harmon GLANKLER BROWN, PLLC One Commerce Square Suite 1700 Memphis, TN 38103 901-576-1742 Fax: 901-525-2389 Email: wharmon@glankler.com TERMINATED: 07/26/2007 ATTORNEY TO BE NOTICED

Date Filed 06/20/2006
09/15/2006

# Docket Text
1 COMPLAINT against Athletes Building Better Communities, LLC (Filing fee $ 350.00 waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 06/21/2006)
2 ANSWER to Complaint with Jury Demand by Athletes Building Better Communities, LLC.(Hancock, Jonathan) (Entered: 09/15/2006)

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10/11/2006
10/23/2006 11/01/2006 11/01/2006 11/08/2006 12/21/2006 06/05/2007 06/08/2007 07/12/2007 07/17/2007 07/23/2007 07/24/2007 07/24/2007

3 SETTING LETTER: Scheduling Conference set for 10/26/2006 09:30 AM in Courtroom 5 - Memphis before Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Monday, October 23, 2006. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions at www.tnwd.uscourts.gov under Instructions, Procedures and Attachments to Notices.(crv) (Entered: 10/11/2006)
4 RULE 16(b)SCHEDULING ORDER: Amended Pleadings due by 12/24/2006. Discovery due by 8/10/2007. Joinder of Parties due by 12/24/2006. Motions due by 10/1/2007.. Signed by Judge Diane K. Vescovo on 10/23/06. (bag, ) (Entered: 10/23/2006)
5 ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/1/06. (McCalla, Jon) (Entered: 11/01/2006)
Set Deadlines/Hearings: Pretrial Order due by 1/7/2008. Jury Trial set for 1/21/2008 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/14/2008 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/02/2006)
6 SETTING LETTER: Jury Trial set for 1/21/2008 09:30 AM in Courtroom 4 Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/14/2008 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 1/7/2008.(jpw) (Entered: 11/08/2006)
7 NOTICE by Athletes Building Better Communities, LLC Stipulation to Extension of Time For Defendant to Respond to Plaintiff's Discovery Requests (Hancock, Jonathan) (Entered: 12/21/2006)
8 MOTION to Substitute Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 06/05/2007)
9 ORDER granting 8 Motion to Substitute Attorney. Attorney Deidre Smith terminated . Signed by Magistrate Judge Diane K. Vescovo on 6/8/07. (Vescovo, Diane) (Entered: 06/08/2007)
10 NOTICE by Athletes Building Better Communities, LLC of Bankruptcy Filing (Attachments: # 1 Exhibit A)(Harmon, Whitney) (Entered: 07/12/2007)
11 NOTICE by Equal Employment Opportunity Commission Response to Defendant's Notice of Bankruptcy Filing (Owen, Carson) (Entered: 07/17/2007)
12 SETTING LETTER: Telephone Conference in re: 10 and 11 set for 8/23/2007 *9:00 AM before Judge Jon Phipps McCalla. (jpw) *Modified on 7/25/2007 (jpw). (Entered: 07/23/2007)
13 First MOTION to Withdraw as Attorney proposed order submitted by Athletes Building Better Communities, LLC. (Attachments: # 1 Certificate of Consultation)(Harmon, Whitney) (Entered: 07/24/2007)
14 ORDER SETTING TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 7/24/07. (McCalla, Jon) (Entered: 07/24/2007)

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07/25/2007 07/25/2007 07/26/2007 07/26/2007 08/08/2007 08/09/2007 08/23/2007
08/24/2007 08/27/2007 08/29/2007 09/13/2007 09/14/2007 10/09/2007

CORRECTED NOTICE OF SETTING/CLARIFICATION: Telephone Conference set for 8/23/2007 at 9:00 AM (not 8:45 AM) before Judge Jon Phipps McCalla. (jpw) (Entered: 07/25/2007)
15 ORDER granting 13 Motion to Withdraw as Attorney. Attorney Jonathan C. Hancock terminated . Signed by Judge Jon Phipps McCalla on 7/25/07. (McCalla, Jon) (Entered: 07/25/2007)
16 MOTION to Withdraw as Attorney proposed order submitted by Athletes Building Better Communities, LLC. (Attachments: # 1 Certificate of Consultation)(Harmon, Whitney) (Entered: 07/26/2007)
17 ORDER granting 16 Motion to Withdraw as Attorney. Attorney Whitney M. Harmon terminated. Signed by Judge Jon Phipps McCalla on 7/26/07. (McCalla, Jon) (Entered: 07/26/2007)
18 MOTION for Extension of Time to Complete Discovery (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 08/08/2007)
19 TEXT-ONLY ORDER: ORDER granting 18 Plaintiff Equal Employment Opportunity Commission's Motion to Extend the Discovery Deadline. The discovery deadline is hereby extended to September 14, 2007. Signed by Judge Jon Phipps McCalla on 8/9/07. (McCalla, Jon) (Entered: 08/09/2007)
20 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephone Conference held on 8/23/2007 to discuss 10 Defendant's Notice of Bankruptcy Filing and 11 Plaintiff's Response to Defendant's Notice of Bankruptcy Filing. Jovanda Jones, comptroller for the Defendant appeared telephonically along with Carson Owen, counsel for the Plaintiff. Ms. Jones stated that all the inventory had been turned over to Bankruptcy court. Plaintiff's counsel intends on filing an Application for Entry of Default Judgment from the Clerk of Court which will include a damages determination. (Plaintiff: Carson Owen) (Defense: No counsel; Javonda Jones, Comptroller) (Court Reporter: Brenda Parker.) (jpw) (Entered: 08/23/2007)
21 MOTION for Entry of Default "Request for Entry of Default" by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 08/24/2007)
22 ORDER granting 21 Motion for Entry of Default . Signed by Clerk of Court on 8/27/07. (jae, ) (Entered: 08/27/2007)
23 ORDER ON TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 8/29/07. (McCalla, Jon) (Entered: 08/29/2007)
24 ORDER SETTING DAMAGES HEARING. Signed by Judge Jon Phipps McCalla on 09/13/07. (McCalla, Jon) (Entered: 09/13/2007)
25 SETTING LETTER: Damages Hearing set for 10/12/2007 09:30 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (jpw) (Entered: 09/14/2007)
26 MOTION to Dismiss Without Prejudice (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in

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Support of Motion for Dismissal Without Prejudice# 2 Affidavit of Carson L. Owen in Support of Motion for Dismissal Without Prejudice)(Owen, Carson) (Entered: 10/09/2007)
27 ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE. Signed by Judge Jon Phipps McCalla on 10/11/07. (McCalla, Jon) (Entered: 10/11/2007)
28 JUDGMENT. Signed by Judge Jon Phipps McCalla on 10/11/07. (McCalla, Jon) (Entered: 10/11/2007)

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