Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 1 of 6

.

FILED

IN THE UNITED STATES DISTRICT COURTS9 DEC 20 ~iI 9: 21

FOR THE MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION EQUAL EMPLOYMENT OPPORTUNITY

CLERK. U.S. DISTRICT COURT

1PIDOLE DISTRICT OF FLORIDA

...

ORLANDO. FLORIDA

COMMISSION,

Plaintiff,
v.
DENNY'S, INC.,

CIVIL ACTION NO.
1;- /~;;~{!iv..;tJ?L- 11'11
COMPLAINT
JURy TRIAL DEMAND
INJUNCTIVE RELIEF SOUGHT

Defendant.
----------------------------~/
NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide

appropriate reliefto Valerie Yerrick who was adversely affected by suchpractices. The Commission

alleges that Valerie Yerrick, a female, was sexually harassed by a co-worker and the harassment

persisted despite Ms. Yerrick's complaint to the Defendant. As a result ofthe sexual harassment and

the Defendant's failure to take prompt, remedial action, the conditions ofMs. Yerrick's employment

were so intolerable that she was forced to resign her position. As alleged with greater particularity

in paragraph seven below, Valerie Yerrick was subjected to unwelcome sexual comments and

physical contact because of her sex which created a hostile work environment. Despite her

complaints to Defendant, Defendant failed to take prompt remedial action and thus, she was forced

1
\

Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 2 of 6
to resign. JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) (''Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Middle District ofFlorida, Orlando Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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 Section 706(t)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(t)(I) and (3). 4. At all relevant times, Defendant, Denny's, Inc. (the "Employer"), has continuously been a California corporation doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
2

Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 3 of 6
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Valerie Yerrick filed a charge with the Commission alleging violations ofTitle VIT by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about March 1998, Defendant Employer engaged in unlawful employment practices at its Orlando, Florida store, in violation of Section 703(a)(I) of Title VIT, 42 U.S.C. § 2000e-2(a) which included the following: a) Valerie Yerrick was regularly subjected to vulgar language, abusive
behavior and sexual remarks of a personal nature by a co-worker. Moreover, Ms. Yerrick was subjected to unwelcome physical sexual contact because of her sex which was sufficiently severe and pervasive to affect the terms and conditions of her employment and to create an intimidating, hostile and offensive work environment. Ms. Yerrick made it known to her co-worker that such conduct was unwelcome. Defendant Employer failed to take prompt remedial action when it knew or should have known ofthe sexual harassment. Defendant is liable for the behavior Ms. Yerrick was subjected to during her employment. b) On or about September 1998, Ms. Yerrick was forced to resign her position as a wait person because the conditions ofher employment were so intolerable (due to the persistent harassment by Ms. Yerrick's co-worker because ofher sex and Defendant's failure to take prompt,
3

Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 4 of 6 · -
remedial action) that a reasonable person in her shoes would have been compelled to resign. 8. The effect of the practice(s) complained ofin paragraph 7 above has been to deprive Valerie Yerrick ofequal employment opportunities and otherwise adversely affect her status as an employee because of her sex. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Valerie Yerrick.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, Denny's, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer, Denny's, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer, Denny's, Inc., to make whole Valerie Yerrick by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration ofbenefits and positive future employment references for Valerie Yerrick.
4

Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 5 of 6
D. Order Defendant Employer, Denny's, Inc., to make whole Valerie Yerrick by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial.
E. Order Defendant Employer, Denny's, Inc., to make whole Valerie Yerrick by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of e~yment oflife, in amounts to determined at trial.
F. Order Defendant Employer, Denny's, Inc., to pay Valerie Yerrick punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
5

Case 6:99-cv-01625-JA Document 1 Filed 12/20/1999 Page 6 of 6
C. GREGORY STEWART General Counsel GWENDOLYN REAMS Deputy General Counsel DELNER FRANKLIN-THOMAS Regional Attorney EVEG.LOWE Supervisory Trial Attorney
~f-~J\.T:-T~h- > -~ ----
Senior Trial Attorney Florida Bar No. 0864137 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
MIAMI DISTRICT OFFICE
One Biscayne Tower
2 South Biscayne Boulevard
Suite 2700 Miami, Florida 33131 Tel. (305) 530-6009 Tel. (305) 530-6000 Fax (305) 530-7660
S: ... denny's.compiaint
6

 
 Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLCDllJ£?5 Pill2: 19
ORLANDO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

" '. II.

; ,:',

Plaintiff,

Case No.: 6:99-1625-cv-OrI-18A

v.

DENNY'S, INC., Defendant,
VALERIE YERRICK, Intervenor Plaintiff.
------------------------------~/
INTERVENOR VALERIE YERRICK'S COMPLAINT

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VALERIE YERRICK, (plaintift), sues Defendant, DENNY'S, INC., for employment

discrimination pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. §2000e et. seq., as

amended, and in support thereof states as follows.

NATURE OF ACTION

This in an action ,against Defendant, DENNY'S INC., for unlawful sex discrimination

(sexual harassment). Valerie Yerrick, a female, was sexually harassed by a co-worker and the

harassment persisted despite Ms. Yerrick's complaints to the Defendant. As a result of the

sexual harassment and the Defendant's failure to take prompt, remedial action, the conditions of

Ms. Yerrick's employment were so intolerable that she was forced to resign her position.

The legal basis for this action is Title VII of the Federal C:vil Rights Act of 1964, 42

U.S.C. 2000e, et. seq., as amended ("Title VII"). Plaintiff seeks equitable relief and damages.

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 2 of 7
JURISDICTION AND VENUE (1) This court has original jurisdiction over Plaintiff's Title VII claim under 28 U.S.C. §§ 1331 and 1343(3) and (4). (2) The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Middle District of Florida, Orlando Division. (3) Plaintiff is a citizen of the State of Florida and resides in Broward County, Florida. At the time of the unlawful employment practices alleged herein, Plaintiff was a resident and citizen of Orange County, Florida. (4) Defendant, DENNY'S INC., has continuously been a California Corporation doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees. At all relevant times, Defendant, DENNY'S, INC., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) ofTitle VII 42 U.S.C. §§ 2000e (b) (g) and (h).
CONDITIONS PRECEDENT (5) Plaintiff filed a timely charge of discrimination with the EEOC relating to the Defendant's discriminator,y acts alleged herein. (6) Plaintiffhas exhausted her administrative remedies required by 42 U.S.C. 2000e,
i
and otherwise fulfilled all prerequisites to bringing this action.
2

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 3 of 7
COUNT I SEXUAL HARASSMENT (7) Plaintiff re-alleges and incorporates paragraph 1 through 6 above as if specifically alleged herein. (8) This is a claim for sexual harassment against Defendant, DENNY'S INC. On or about March 1998, Defendant DENNY'S engaged in unlawful employment practices at its Orlando, Florida Store, in violation of 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a) which included the following: a. Valerie Yerrick was regularly subjected to vulgar language, abusive behavior and sexual remarks of a personal nature by a co-worker. Moreover, Valerle Yerrick was subjected to unwelcome physical sexual contact because of her sex which was sufficiently severe and pervasive to affect the terms and conditions of her employment and to create an intimidating, hostile and offensive work environment. Ms. Yerrick made it known to her co-worker that such conduct was unwelcome. Defendant employer failed to take prompt remedial action when it knew or should have known of the sexual harassment. Defendant is liable for the behavior Ms. Yerrick was subjected to during her employment. b. On or about September 1998 Ms. Yerrick was forced to resign her position as a waitperson because the conditions of her employment were so intolerable (due to the persistent harassment by Ms. Yerrick's co-worker because of her sex and Defendants failure to take prompt, remedial action) that a reasonable person in her shoes would have been compelled to resign.
3

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 4 of 7
(9) The effect of the practices complained of in paragraph 8 above has been to deprive Valerie Yerrick of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
(10) The unlawful employment practices complained of in paragraph 8 above were intentional.
(11) The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Valerie Yerrick.
PRAYER FOR RELIEF (12) The Civil Rights Act of 1964, as amended at 42 U.S.C. 2000e-5, provides for declaratory judgement, injunctive, affirmative and equitable relief to include an award for back pay and reinstatement and for attorney's fees. The Civil Rights Act of 1991, 42 U.S.C. 1981a, further provides for the award ofcompensatory and punitive damages. WHEREFORE Plaintiff demands trial by jury and requests this Court to
(A) Declare the Defendant has unlawfully discriminated against Plaintiff in violation of Title VII of the Civil Rights Act of 1964;
(B) Issue an Order prohibiting further discrimination; (C) Order Defendant, DENNY'S, INC., to make whole Valerie Yerrick by providing appropriate back pay with pre-judgement interest, in amounts to be determined at trial and other affirmative relief necessary to erraticate the effects of its unlawful employment practices including but not limited to reinstatement and/or front pay, restoration of benefits and positive future employment references for Valerie Yerrick;
4

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 5 of 7
(D) Order Defendant, DENNY'S, INC., to make whole Valerie Yerrlck by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 8 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial;
(E) Order Defendant, DENNY'S, INC., to make whole Valerie Yerrlck by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in Paragraph 8 above including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial;
(F) Order Defendant, DENNY'S, INC., to pay Valerie Yerrlck punitive damages for its malicious and reckless conduct described in Paragraph 8 above in amounts to be determined at trial,;
(0) Grant such further relief as the Court deems necessary and proper; (H) Award Plaintiff, VALERIE YERRICK, her costs, and attorney's fees incurred in this action.
5

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 6 of 7 JURy TRIAL DEMAND
Plaintiff demands a trial by jury for all counts on all triable issues.
Attorney for Plaintiff The Law Office of Jason L. Gunter 1625 Hendry Street, Suite 103 Ft. Myers, FL 33901 Phone: (941) 334-7017 Fax: (941) 334-7622
6

Case 6:99-cv-01625-JA Document 15 Filed 03/10/2000 Page 7 of 7

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served via fax

(305) 536-4494 and U.S. Mail to Gedety N. Serralta, Esquire, Equal Employment Opportunity

Commission, Miami District Office, Attorneys for Plaintiff EEOC, at One Biscayne Tower, 2

South Biscayne Blvd., Suite 2700, Miami, FL 33131 and Cynthia J. Brennan, Holland & Knight

4th
LLP, 200 S. Orange Ave., Suite 2600, P. O. Box 1526, Orlando, FL 32801 this ;) - day of

je.,br UQ.A.,U
is

, 2000.

Q -1 AJ By: ---' /

===--

ilS6Il L. GMter,'Esq.

~orida Bar No. 0134694-
(/~ttorney for Plaintiff

The Law Office of Jason L. Gunter 1625 Hendry Street, Suite 103 Ft. Myers, FL 33901 Phone: (941) 334-7017 Fax: (941) 334-7622

7

 
 Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 1 of 19

~\LEO
1! .'
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA 7f'r'l, ,- ", _l\
ORLANDO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CIVIL ACTION NO. 6:99-Cv-1625-0rl-28A

Plaintiff,

and VALERIE YERRICK,

Plaintiff-Intervenor,

vs.

DENNY'S, INC.
Defendant,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.1

ORDER
1. This Order (the "Order") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), Plaintiff-Intervenor Valerie Yerrick (hereinafter "Valerie Yerrick" or "Plaintiff-Intervenor") and Defendant, Denny's, Inc. (hereinafter referred to as "Denny's"). The Commission, Plaintiff-Intervenor, and Denny's are collectively referred to herein as "the Parties."
2. On December 20, 1999, EEOC initiated this action by filing its Complaint against Denny's, Inc. in the United States District Court for the Middle District of Florida, Orlando Division, Civil Action No. 6:99-cv-1625-0rl-28A based upon a charge filed by Valerie Yerrick (EEOC Charge No. 150-99-2288). EEOC's Complaint alleges that Denny's violated Title VII of the Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 2 of 19
Act of 1991, 42 U,S.C. Section 2000e et seq. ("Title VII") by subjecting a female employee, Valerie Yerrick, to unlawful sexual harassment in the form of a hostile work environment. The Complaint further alleges that Ms. Yerrick was constructively discharged. On March 9, 2000, the Plaintiff-Intervenor became a party to the lawsuit also alleging the same violations of Title VII. Denny's responded to both Complaints by denying any violations of Title VII and denying any liability for the allegations.
3. In the interest of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Order. This Order is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Order resolves all claims arising out of EEOC Charge Number 150-99-2288 and the Complaints filed in this action, and constitutes a complete resolution of all claims under Title VII that were made, or any other claims that could have been made, by the Commission and/or PlaintiffIntervenor in this action.
5. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Order, and based on the pleadings filed by the Parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Order.
2

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 3 of 19
GENERAL INJUNCTIVE PROVISIONS 7. Defendant Denny's, its officers and employees, are, consistent with Denny's policies, enjoined from engaging in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of the gender of that individual and/or by subjecting an individual to sexual harassment or circumstances which lead to the constructive discharge of an individual due to sexual harassment. 8. Defendant Denny's, its officers and employees, are, consistent with Denny's policies, enjoined from discriminating against any employee who opposes any of Defendant's practices which the employee in good faith believes to be a violation of Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
SEXUAL HARASSMENT POLICY AND TRAINING 9. Defendant Denny's has established a written policy against sexual harassment, which is attached as Exhibit A. Defendant Denny's agrees that all of its employees and managers in the company-owned and company-operated Unit #653 will be provided a complete copy of its policy against sexual harassment within thirty (30) days of the entry of this Order. Defendant Denny's further agrees that all new employees in the company-owned and company-operated Unit #653 will be provided a copy of its policy against sexual harassment within thirty (30) days of commencing employment with Denny's.
3

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 4 of 19
10. In order to further ensure the effective implementation of Defendant Denny's sexual harassment policy, Denny's will conduct annual sexual harassment training for all of its managers and supervisory personnel located in the companyowned and company-operated Unit #653. The sexual harassment training will consist of two hours of training and include training on gender discrimination with specific emphasis on recognizing sexual harassment and the proper procedure to be followed if one becomes aware of sexual harassment in the workplace or if one receives a complaint of such harassment. The training will be provided by Bruce Webber, Human Resources Manager, or, in the event he is no longer employed by Denny's, another equivalent person certified to teach the sexual harassment training. The training materials utilized to conduct the sexual harassment training will be derived from Denny's Legal Compliance and Civil Treatment® for Managers materials. The first annual training must be completed within 90 days of execution of this Order and annually thereafter for the duration of this Order.
11. All Denny's managers and supervisory personnel located in Unit #653 who have attended any of Denny's sexual harassment training seminars (i.e., Legal Compliance or Civil Treatment® for Managers), within 12 months preceding either execution of this Order or the annual training identified in paragraph 10 above, will be exempt from the annual training above, provided that Denny's substantiates same via written documentation in accordance with paragraph 14.
POSTING 12. Defendant Denny's will post a copy of the Notice, attached hereto as Exhibit B, within thirty (30) days of entry of this Order. Said notice shall be posted
4

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 5 of 19
in the company-owned and company-operated Unit #653 for the duration of this Order in the area designated as the employee lunch roomlbreak room or other visible employee area, such as an employee bulletin board.
MONITORING 13. Defendant Denny's will retain all records relating to any complaint or allegation of sexual harassment at the company-owned and company-operated Unit #653 for the duration of this Order and as required under federal law. Further, Defendant Denny's agrees to maintain a log recording each and every sexual harassment complaint arising out of Unit #653 that is received through the Associate Response Hotline # 1-888-662-5027, listed in Denny's Anti-Harassment Policy, Number 6.2, which is attached hereto as Exhibit A. 14. Defendant Denny's will certify to the EEOC every SlX months throughout the duration of this Order that it is in compliance with all aspects of this Order. The first such certification will be due no later than six months from execution of this Order. The certification will include the dates, times, location, and names of Unit #653 attendees of the sexual harassment training conducted pursuant to paragraph 10, as well as the names of all management personnel from Unit #653 that were exempt from the training. With each certification Denny's will further provide the EEOC with the name, address, and phone number of any person who alleges they have been sexually harassed while working at the company-owned and company-operated Unit #653 during the preceding six month period. If the complaint is received through the Associate Response Hotline, Denny's will further provide to the EEOC a redacted copy of the page or pages of the Hotline log that
5

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 6 of 19
reflect the documentation of the complaining employee's call. Defendant Denny's will also state its actions taken in response to each such allegation.
MONETARY RELIEF 15. Defendant Denny's agrees to pay a total sum m the amount of $75,000.00, within fourteen (14) calendar days from the Court's execution of this Order. The sum shall be disbursed as follows: (a) Defendant Denny's shall pay Valerie Yerrick $5,000.00 in back wages, less amounts required to be withheld for social security, federal, state, and local income taxes. (b) Defendant Denny's shall pay Valerie Yerrick $38,655.00 m compensatory damages. (c) In consideration of the legal representation afforded to Valerie Yerrick, Defendant Denny'S shall pay $31,345.00 in attorney's fees to Mr. Jason Gunter, Esquire. Further, Denny's will provide Ms. Yerrick an I.R.S. form W-2 and Mr. Gunter an I.R.S. form 1099, as required by law. The payments to Ms. Yerrick shall be made by check to Valerie Yerrick in trust of Jason Gunter, Esq., The Law Office of Jason L. Gunter, and forwarded to Jason Gunter, Esq., The Law Office of Jason L. Gunter, 1625 Hendry Street, Suite 103, Fort Myers, FL 33901, by certified mail with a return receipt requested. The payment to Mr. Gunter shall also be made by check and forwarded by certified mail with a return receipt requested to Mr. Gunter's business address listed above.
6

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 7 of 19
16. Defendant Denny's agrees to simultaneously provide the EEOC with copies of the payments set forth in paragraph 15 above. Said copies shall be forwarded to the attention of Carla Von Greiff, Trial Attorney, at the Tampa Area Office of the EEOC, 501 East Polk Street, Room 1020, Tampa, Florida, 33602.
17. If Denny's fails to tender the above-mentioned payments within the fourteen-day period agreed upon, Denny's shall pay interest on the defaulted payments at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid.
ENFORCEMENT OF ORDER 18. The Court will take whatever measures it deems appropriate to effectuate enforcement of the terms of this Order. 19. The mere existence of a complaint of sexual harassment does not constitute an act of contempt under the terms of this Order.
COSTS 20. Defendant Denny's and EEOC shall each bear its own costs and attorneys' fees associated with this litigation.
DURATION OF ORDER 21. This Order shall remain in effect for two (2) years from the date of the Court's execution of the Order. During that time, this Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Order, including such orders as may be required to effectuate its purposes.
7

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 8 of 19

AGREED TO:

FOR THE PLAINTIFF,

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

bY:~~

I' Del~ler rankli
1m,~•n) Bar

nN-oT. hSomU-a,Os1S1:0.C:2

Regional Attorney

3/ /0 ( Date:

q

Miami District Office

United States Equal Employment Opportunity Commission

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF INTERVENOR, VALERIEYE _ICK ~

by:

#

Jason unter, Esq.

Florid Bar No. 0134694

The aw Office of Jason L. unter

Atto ney for Valerie Yerr' k

1625 Hendry Street,

Suite 103,

Fort Myers, Florida 33901

AGREED TO: FOR THE DEFENDANT, DENNY'S, INC.
by:
Cynthia J. Brennan, Esq. Florida Bar No. 0986003 Holland & Knight LLP

9) Date:

11- ) <11

8

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 9 of 19

Attorneys for Defendant 200 S. Orange Avenue Suite 2600 Orlando, Fl 32801

Date: ~~ IS, 200 f I

SO ORDERED, ADJUDGED AND DECREED, this -=---=-_ 2001.
L

9

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 10 of 19
EXHIBIT A

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 11 of 19

.6.2 -- Anti-Harassment Policy

Created By:

Julie Bommueller on 07/1412000 at 09:44 AM

Category: 6.0 - Standards of Performance and Conduct

I. POLICYIPURPOSE
The Company is committed to providing a workplace which is free from all verbal, physical and visual forms of harassment so that everyone can work in a productive, respectful and professional environment. Sexual harassment and harassment for any discriminatory reason such as race, sex, sexual orientation, color, religion, national origin, disability, age or any other characteristic protected by local, state or federal law is strictly prohibited. In addition, this policy prohibits any other workplace harassment, whether or not it is specifically covered by law. Conduct by supervisors, associates and non-associates such as vendors or customers is covered by this policy. Associates who violate this policy are subject to discipline, up to and including termination.
II. ASSOCIATES COVERED BY THE POLICY
All associates of the Company are covered by this policy.
III. EXAMPLES OF HARASSMENT
A. Sexual Harassment: Sexual harassment is generally defined as unwelcome sexual advances, requests for sexual favors, or other visual, verbal or physical conduct of a sexual nature when:
The conduct interferes with an associate's work or creates an intimidating, hostile or offensive work environment;
Submission to the conduct is made either an express or implied term or condition of employment; or
Submission to or rejection of the conduct is used as the basis for employment decisions affecting the individual.
Sexual harassment includes harassment based on another person's gender or harassment based upon pregnancy, childbirth, or related medical conditions. It also includes harassment of another associate of the same gender as the harasser.
Examples of sexual harassment include, but are not limited to, the following

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 12 of 19
types of behavior:
Unwelcome sexual advances, like propositions for sexual favors; Excessive, one-sided, romantic attention in the form of love letters, telephone calls, e-mails or gifts; Offering or conditioning an employment benefit, like a raise, a promotion or a preferred work schedule, in exchange for sexual favors; Making or threatening reprisals, or changing performance expectations after an associate has turned down a sexual advance; Visual conduct, such as leering, making indecent gestures, or displaying sexual objects, pictures, cartoons, calendars or posters in the workplace; Verbal conduct, such as making sexual comments, using demeaning terms such as "Babe," using crude and offensive language, and telling off-color jokes; Verbal or written comments about an individual's sex life or body, and suggestive or obscene letters, e-mails, notes, graffiti or invitations; Unwelcome or unnecessary physical contact, including pats, hugs, kisses, brushes, touches, shoulder rubs, assaults, bumping or blocking movements; and Sexually charged or crude behavior, banter, teasing or horseplay with other associates, even if consensual.
This policy is also violated if an associate is fired, denied a job, or denied some other employment benefit because the associate refused to grant sexual favors, complained about harassment, or participated in an investigation or complaint proceeding.
B. Other Workplace Harassment: Examples of harassment based on race, sex, color, religion, national origin, age, disability or other protected characteristic can include, but are not limited to:
Cartoons, calendars, posters or other visual displays of objects, text, pictures or graphics that depict any protected group or individual in a derogatory way; Physical or verbal conduct, including making or using derogatory comments, gestures, epithets, slurs and jokes towards such groups or individuals.
The Company also expects all associates to exercise good judgment and avoid any action which could arguably be construed as harassment. Associates must

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 13 of 19
conduct themselves in a professional and courteous manner towards others at all times regardless of sex, race or other protected status. Examples of prohibited conduct include but are not limited to:
Physical aggression, threatening gestures or other hostile behavior;
Any behavior that is cruel, vindictive or intended to humiliate and/or degrade;
Openly insulting, berating or yelling at other persons; or
Other boorish, rude, childish or discourteous behavior.
IV. Procedures if Harassment Occurs
The Company is committed to taking reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when we have determined that harassment has occurred. To do this, however, we need the cooperation of all associates at all levels. Each associate is responsible for supporting and adhering to this policy.
Associates should never tolerate inappropriate behavior, but should tell anyone harassing them that the conduct is unwelcome. In addition, associates must promptly report (as set forth below) any offending behavior, whether such behavior is directed towards them personally or to other associates of the Company. Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation.
A. Reporting Harassment:
* Employee Response Hotline. If an associate believes he or she is being
harassed or observes a possible violation of this policy, he or she must immediately report the conduct by calling the "Employee Response Hotline" at: 1-888-662-5027
The Hotline is available 24 hours a day, seven days a week. Associates are encouraged to call this Hotline before the conduct becomes severe or pervasive. The associate is not required to first tell his or her supervisor. However, in addition to, but not instead of calling the Hotline, the associate may also report the incident to his or her supervisor.
* Human Resources or Higher Level Management. The Hotline is designed
to enable the associate to report a harassing situation directly to the Company. The Company believes the Hotline best ensures that it knows about the conduct so it can immediately investigate the complaint and take appropriate corrective action. If, however, for any reason an associate is not

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 14 of 19
satisfied with the response he or she got from using the Hotline, he or she may also directly contact Human Resources, the Area Manager or any higher level manager.
B. Supervisor's Responsibilities: Each supervisor is responsible for maintaining a workplace free of harassment. Any supervisor who is notified of a complaint of harassment, or observes or is notified of a possible violation of his policy must:
* Report the incident to the Guest Assurance and Employee Response
Department by leaving a voice mail on the "Manager's Reporting Line," at: 1-877-888-9362
* Record the specifics of the complaint on an "AGAIER Incident Report
Form" (included at the bottom of this policy...please type directly into form) and fax it to 864-597-8089 or send it via interoffice mail to Employee Response, P-6-9.
The supervisor must also take appropriate steps to protect the associate from continued harassment or retaliation. The supervisor should also remind the complainant to immediately call the Associate Response Hotline at 1-888-662-5027. No supervisor shall threaten or insinuate, either explicitly or implicitly, that an associate's complaint will adversely affect the associate's terms and conditions of employment in any way.
C. Investigating/Corrective Action: In response to every complaint, the Company will take prompt and impartial investigatory action, and take appropriate corrective and/or preventive action where necessary. Confidentiality will be maintained to the extent possible; however information about the allegations of harassment will be shared with those who have a need to know about it.
If harassment is found to have occurred, the Company will make every effort to ensure that no further harassment occurs and to correct its effects on the associate. Any associate who is found to have engaged in any form of harassment or otherwise violated this policy will be subject to appropriate disciplinary action up to and including termination. If an individual outside the employ ofthe Company has harassed an associate, the Company will take appropriate action to address the situation and to prevent its recurrence.
D. Reporting Retaliation: All associates will be protected against retaliation should they complain about harassment, participate in an investigation or complaint proceeding, or engage in other protected activity. Associates who believe they have been retaliated against should immediately call the "Associate Response Hotline" at 1-888-662-5027 so that their concerns can be

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 15 of 19
investigated. Appropriate remedial action will be taken if retaliation is found to have occurred.
Denny's Incident Rep
DATE OF LAST REVIEW: AUGUST,2000 DATE ISSUED: MARCH 3, 2000 SUPERSEDES: AUGUST 1, 1999 INITIATED BY: LINDA TRAYLOR APPROVED BY: PHYLLIS CALVERT

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 16 of 19

ADVANJ]f• =:A

Unit. City/State

Please TYPE all information.

Guest Assurance and Employee Response Incident Report

Denny's REQUIRES that all incidents or allegations of discrimination on the basis of race, color or national origin involving customers or harassment, discrimination, or retaliation involving associates MUST BE reported to Advantica Guest Assurance (AGA).

CATEGORY: Reported by Guest?

c:::::J

Rude Treatment

l==:J

Racial or Ethnic Comments/Slurs

c:::::J

Inferior Service

l==:J

Refusal of Service

c:::::J

Selectlva Seating

l==:J

Out of Tum Service

c:::::J

Delay in Service

l==:J

Ejection

c:::::J

Associate Sexual Harassment

l==:J

Associate Retaliation

c:::J

Associate Discrimination - Type of discrimination

C

Other

c:::::J yes C no

C Reported by Anoclata?

C yes

no

Guest Name:

Associate Name:

Address:

Others Present:

City/StateJZip:

Teiephone:

List additional witness information (name, address, and teiephone number). Use a second page if necessary.

Disciplinary Action:

= = =
C

Notification to Associate of Complaint Verbal Counseling Memo for Record Employee Performance Record

= =

Suspension Pending Results of Invasligation Termination

C
=

Describe any additional follow up needed:

Obtain Memos for Record from all Witness/Associates

Contact Area Manager

Contact Human Resources Manager (if applicable)

Report to AGA at (877) 888-9382

Reported by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~

DatelTime:

Record Incident and DatelTime Reported to AGA in Manager's Log

Fax this Incident Report and All Statements to AGA at (864) 597-8089 or mail

to:

Advantica Guest Assurance

Mal Station P-6-9

203 East Main Street

Spartanburg, SC 29319

Brief deSCription of Incident and action taken: Date of Incident:

Time of Incident:

Manager on Duty:

Name Signature

Tille/Position Date

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 17 of 19
EXHIBITB

Case 6:99-cv-01625-JA Document 73 Filed 09/04/2001 Page 18 of 19
NOTICE TO ALL EMPLOYEES This notice is being posted pursuant to an Order entered by the Court in Equal Employment Opportunity Commission v Denny's, Inc. Denny's, Inc. has agreed that it will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, sex (including sexual harassment and pregnancy) and/or national origin. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Denny's, Inc. will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, sexual harassment. Furthermore, Denny's, Inc. assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved. Employees or applicants for employment who have questions about their rights, may contact the EEOC at #800-669-4000. Employees or applicants for employment who believe they may have been subjected to sexual harassment or discrimination are encouraged to call Denny's Associate Response Hotline at #1-888-662-5027. This notice shall remain posted for two (2) years from the date signed. Signed this _ _ day of _ _ _ _ _ _ _ _ _, 2001.
For Denny's, Inc. Vice President of Human Resources Phyllis J. Calvert

Case 6:99-cv-01625-JA 2001

DocFumI enLt 7E3

CFilOedP09Y/04/2001

Page 19 of 19

Notice sent to:

Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. 10th Floor Timberlake Federal Building Annex Tampa, FL 33602

Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office
One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Stephen Thomas Ball, Esq.

.j

Holland & Knight, LLP
200 S. Orange Ave., Suite 2600

P.O. Box 1526

Orlando, FL 32802-1526

Cynthia J. Brennan, Esq.

Holland & Knight, LLP

200 S. Orange Ave., Suite 2600

P.O. Box 1526

j

Orlando, FL 32802-1526

Jason L. Gunter, Esq.

Law Office of Jason L. Gunter

1625 Hendry St.

Suite 103

Ft. Myers, FL 33901

 
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CLOSED, FRC, KRS
U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:99-cv-01625-JA

E.E.O.C. v. Denny's Inc. Assigned to: Judge John Antoon II Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 12/20/1999 Date Terminated: 06/25/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gedety N. Serralta Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 TERMINATED: 01/31/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Valerie Yerrick
V. Defendant Denny's Inc.
Intervenor Defendant

Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jason L. Gunter Webb, Scarmozzino & Gunter, PA 2nd Floor 2121 W First St Ft Myers, FL 33901 239/334-1600 Fax: 239/334-7979 Email: jason@wsglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Brennan Ryan Holland & Knight LLP 200 S. Orange Ave., Suite 2600 P.O. Box 1526 Orlando, FL 32802-1526 407/425-8500 Fax: 407/244-5288 Email: cynthia.ryan@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Thomas Ball Holland & Knight, LLP* Suite 2600 200 S Orange Ave Orlando, FL 32802 407/425-8500 Fax: 407/244-5288 Email: stephen.ball@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Denny's Inc.
Movant Valerie Yerrick TERMINATED: 03/10/2000
Mediator Jay M. Cohen TERMINATED: 06/21/2001

represented by Cynthia Brennan Ryan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Thomas Ball (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jason L. Gunter (See above for address) TERMINATED: 03/10/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jay M. Cohen Jay M. Cohen, P.A. P.O. Box 2210 Winter Park, FL 32790-2210 407/644-1181 Email: jmcohen@bellsouth.net PRO SE

Date Filed 12/20/1999
12/20/1999 12/20/1999 12/20/1999
12/22/1999 01/13/2000 01/13/2000

#

Docket Text

1 COMPLAINT filed. Title VII Civil Rights action alleging sexual harassment in employment. Jury Demand. (nbl) Modified on 06/12/2001 (Entered: 12/20/1999)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (nbl) (Entered: 12/20/1999)

SUMMONS(ES) issued for Denny's Inc. . Consent(s) issued. (nbl) (Entered: 12/20/1999)

2 ORDER directing counsel to review and certify compliance with Local Rule 1.04(c) within 10 days. ( Signed by Judge G. Kendall Sharp ) ctc (nbl) (Entered: 12/20/1999)

3 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lak) (Entered: 12/22/1999)

5 NOTICE of filing certificate of compliance with Local Rule 1.04(c) by E.E.O.C. (nrs) (Entered: 01/13/2000)

6 CERTIFICATE OF COMPLIANCE by E.E.O.C. with [2-1] order - no related cases. (nrs) (Entered: 01/13/2000)

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01/28/2000 02/03/2000 02/16/2000 02/24/2000 02/24/2000 02/25/2000 03/08/2000 03/10/2000 03/10/2000 03/27/2000 03/30/2000 04/20/2000 04/26/2000 04/28/2000
04/28/2000 04/28/2000

7 RETURN OF SERVICE executed as to Denny's Inc. 1/14/00. Answer due on 2/3/00 for Denny's Inc. (jrm) (Entered: 01/28/2000)
8 ANSWER AND DEFENSES to Complaint by Denny's Inc. (maa) (Entered: 02/03/2000)
9 CONFLICT ORDER directing all parties to file a certificate of conflict within 11 days. ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 02/16/2000)
10 CERTIFICATE OF interested persons and corporate disclosure statement in COMPLIANCE by plaintiff E.E.O.C. with [9-1] conflict order. (djd) (Entered: 02/25/2000)
11 RESPONSE by defendant Denny's Inc. to [9-1] conflict order (djd) (Entered: 02/25/2000)
12 MOTION with memorandum in support to intervene as plaintiff by Valerie Yerrick referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 02/28/2000)
13 RESPONSE by E.E.O.C. to [12-1] motion to intervene as plaintiff by Valerie Yerrick. (maa) (Entered: 03/08/2000)
14 ORDER granting [12-1] motion to intervene as plaintiff by Valerie Yerrick and directing clerk to file Ms. Yerrick's complaint. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 03/10/2000)
15 Intervenor's COMPLAINT by Valerie Yerrick against Denny's Inc. (maa) (Entered: 03/10/2000)
16 CASE MANAGEMENT REPORT (maa) (Entered: 03/27/2000)
17 ANSWER AND DEFENSES by Denny's Inc. to [15-1] intervenor complaint. (maa) Modified on 03/30/2000 (Entered: 03/30/2000)
18 INTERESTED PERSONS ORDER FOR CIVIL CASES directing intervenor-plaintiff to file a certificate of interested persons and corporate disclosure statement within 11 days. ctc (maa) (Entered: 04/20/2000)
19 CERTIFICATE OF INTERESTED PARTIES by Valerie Yerrick. (maa) (Entered: 04/27/2000)
20 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 7/17/00; Discovery cutoff 3/2/01; dispositive motion filing deadline for 7/16/01; Pretrial statement due on or before 7/16/01; Pretrial conference for 10:00, 8/3/01 before Magistrate Judge Karla R. Spaulding and... R. Spaulding ) ctc (maa) (Entered: 04/28/2000)
20 ... Jury trial for 8:30, 9/4/01 on the Unassigned Docket. ( signed by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 04/28/2000)
20 ORDER referring case to mediation. Appointing Jay M. Cohen as mediator. Conduct hearing by 6/1/01. ( Signed by Magistrate Judge Karla

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06/05/2000 09/05/2000 09/08/2000 01/31/2001 02/23/2001
03/02/2001
03/02/2001 03/02/2001 03/02/2001 03/02/2001
03/12/2001
03/13/2001

R. Spaulding ) ctc (maa) (Entered: 04/28/2000)
21 NOTICE OF CASE REASSIGNMENT to the Honorable Judge John Antoon II. ctc (maa) (Entered: 06/05/2000)
22 NOTICE canceling hearing Re: Final Pretrial Conference set for 8/3/01. ( Signed by Deputy Clerk ) ctc (maa) (Entered: 09/05/2000)
23 AMENDED NOTICE canceling hearing Re: Final Pretrial Conference set for 8/3/01. ( Signed by Deputy Clerk ) ctc (maa) (Entered: 09/08/2000)
24 NOTICE of Reassignment to new attorney by E.E.O.C. (maa) (Entered: 01/31/2001)
25 MOTION by plaintiff, E.E.O.C., and intervenor-plaintiff, Valerie Yerrick, for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser . (maa) (Entered: 02/23/2001)
26 MOTION by Denny's Inc. with memorandum in support for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/02/2001)
27 NOTICE of Filing deposition of Valerie Yerrick by Denny's Inc. (maa) (Entered: 03/02/2001)
28 DEPOSITION of Valerie Yerrick (taken 1/25/01) by Denny's Inc. re: [26-1] motion for leave for additional time to the deposition of intervenor-plaintiff Valerie Yerrick. (maa) (Entered: 03/02/2001)
29 MOTION by Denny's Inc. to extend time discovery deadline for limited purpose referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/05/2001)
30 MOTION by Denny's Inc. with memorandum in support to compel responses to interrogatories, requests for production of documents, FIOA response and for costs associated with this motion referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/05/2001)
31 MEMORANDUM by Denny's Inc. in opposition to [25-1] motion for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser (sld) (Entered: 03/13/2001)
32 NOTICE OF HEARING: oral argument on Defendant's Motion for Leave for Additional Time to Complete the Deposition of IntervenorPlaintiff Valerie Yerrick (Doc. #26), Defendant's Motion for Enlargement of Discovery Deadline for Limited Purpose (Doc. #29) and Defedant's Motion to Compel (Doc. #30) will be held on Tuesday, March 20, 2001 at 11:00 a.m.; further ordered that no later than three business days before the date of this hearing, the parties shall again confer by telephone or in person in a good faith effort to resolve the issues raised, and to narrow

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03/16/2001 03/16/2001 03/16/2001 03/16/2001 03/20/2001
03/20/2001
03/22/2001 04/30/2001

the contested issues of fact and law that the Court must resolve; Motion hearing set for 11:00 on 3/20/01 for [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick, [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response, [30-2] motion for costs associated with this motion and [29-1] motion to extend time discovery deadline for limited purpose; Scheduled for Magistrate Judge Karla R. Spaulding ( Signed by Magistrate Judge Karla R. Spaulding on 3/12/01) ctc (sld) (Entered: 03/13/2001)
33 NOTICE of withdrawing portions of pending motion to compel Equal Employment Opportunity Commission's responses to interrogatories, request fro production of documents, FOIA response and for costs associated with the motion as moot by Denny's Inc. (sld) (Entered: 03/16/2001)
34 RESPONSE by E.E.O.C. in opposition to [29-1] motion to extend time discovery deadline for limited purpose (sld) (Entered: 03/19/2001)
35 RESPONSE by E.E.O.C. in opposition to [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick (sld) (Entered: 03/19/2001)
36 RESPONSE by E.E.O.C. in opposition to [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response and [30-2] motion for costs associated with this motion (sld) (Entered: 03/19/2001)
37 MOTION HEARING held on 3/20/01 re: [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick, [29-1] motion to extend time discovery deadline for limited purpose, [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response, [30-2] motion for costs associated with this motion before Magistrate Judge Karla R. Spaulding. Tape: 2001-KRS-19:6225-9400, 2001-KRS-20:1-2044 (maa) (Entered: 03/20/2001)
38 ORDER granting [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick; granting in part, denying in part [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response and [30-2] motion for costs associated with this motion; granting [29-1] motion to extend time discovery deadline limited purpose: reset discovery deadline to 4/20/01 and dispositive motion dealine to 5/4/01 . ( by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 03/20/2001)
39 ORDER denying [25-1] motion for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 03/22/2001)
40 JOINT MOTION by E.E.O.C., Denny's Inc., Valerie Yerrick to extend time to 6/14/01 to complete mediation . (maa) (Entered: 05/01/2001)

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05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001 05/04/2001

41 MOTION by Denny's Inc. for summary judgment . (maa) (Entered: 05/07/2001)
42 MEMORANDUM by Denny's Inc. in support of [41-1] motion for summary judgment. (exhibits filed separately) (maa) (Entered: 05/07/2001)
43 NOTICE of Filing Deposition Transcripts and Excerpts in support of defendant's motion for summary judgment by Denny's Inc. (maa) (Entered: 05/07/2001)
44 DEPOSITION - VOLUME I - of Valeria Yerrick (taken 1/25/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) Modified on 05/07/2001 (Entered: 05/07/2001)
45 DEPOSITION - VOLUME II - of Valerie Yerrick (taken 4/16/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
46 DEPOSITION of Kelvin Buggs (taken 2/23/01) by Denny's Inc. re: [411] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
47 DEPOSITION of Carol Clemons (taken 2/9/01) by Denny's Inc. re: [411] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
48 DEPOSITION of Patricia S. Cowley (taken 3/2/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
49 DEPOSITION of Richard English (taken 2/21/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
50 DEPOSITION of Matthew Forschner (taken 1/26/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
51 DEPOSITION of Willie J. Nickles, Jr. (taken 2/5/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
52 DEPOSITION of Joanne Shideler (taken 2/20/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
53 DEPOSITION of Eddie Stanley (taken 2/7/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)
54 DEPOSITION of Virginia Carroll (taken 3/1/01) by Denny's Inc. re: [411] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

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05/08/2001 05/11/2001 05/14/2001 05/15/2001
06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/01/2001 06/21/2001

55 ORDER granting [40-1] joint motion to extend time to 6/14/01 to complete mediation ( Signed by Judge John Antoon II ) ctc (sld) (Entered: 05/08/2001)
56 UNOPPOSED MOTION by E.E.O.C. to extend time to 6/1/01 to respond to defendant's motion for summary judgment . (maa) (Entered: 05/14/2001)
57 NOTICE OF FILING AND AFFIDAVIT of Mary Keller by Denny's Inc. Re: [41-1] motion for summary judgment (maa) (Entered: 05/14/2001)
58 ORDER granting [56-1] motion to extend time to 6/1/01 to respond to defendant's motion for summary judgment: response to motion set to 6/1/01 for [41-1] motion for summary judgment . ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 05/15/2001)
59 RESPONSE by E.E.O.C. in opposition to [41-1] motion for summary judgment. (maa) (Entered: 06/01/2001)
60 STATEMENT OF DISPUTED MATERIAL FACTS REMAINING FOR TRIAL by E.E.O.C. in support of [59-1] opposition response. (maa) (Entered: 06/01/2001)
61 NOTICE of Filing Deposition in support of [60-1] Statement of Material Facts by E.E.O.C. (maa) (Entered: 06/01/2001)
62 DEPOSITION of Virginia Carroll (taken 3/1/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
63 DEPOSITION of Nelson Rivera (taken 3/1/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
64 DEPOSITION of Valerie Pellegrini, Ph.D. (taken 2/13/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
65 DEPOSITION of Carol Clemons (taken 2/9/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
66 DEPOSITION of Richard English (taken 2/21/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
67 DEPOSITION of Kelvin Buggs (taken 2/23/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
68 DEPOSITION of Joanne Shideler (taken 2/20/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)
69 MEDIATION REPORT. Mediation conference held: 6/14/01. Jay Cohen,

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06/25/2001
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mediator. Hearing outcome: Settled. (maa) (Entered: 06/21/2001)
70 ORDER OF DISMISSAL without prejudice to reopen within 60 days or to submit a stipulated form of final judgment. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 06/25/2001)
CASE CLOSED. (maa) (Entered: 06/25/2001)
71 AMENDED MEDIATION REPORT. Mediation conference held: 6/14/01. Jay M. Cohen, mediator. Hearing outcome: Conditionally Settled. (maa) (Entered: 06/27/2001)
72 MOTION by E.E.O.C., Denny's Inc., Valerie Yerrick with memorandum in support for entry of stipulated order . (maa) (Entered: 08/20/2001)
73 ORDER granting [72-1] motion for entry of stipulated order. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 09/04/2001)

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