Mary Jo O'Neill AZ #005924 C. Emanuel Smith MS #7424 Sandra J. Padegimas AZ #011652 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5061 sandra.padegimas@eeoc.gov
Attorneys for Plaintiff

FILED
U.S DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CONVERGYS CORPORATION,

)

)

Defendant.

)

----------------------------)

Judge Paul G. Cassell DECK TYPE: Civil DATE STAMP: 09/28/2005 @ 16:03:34 CASE NUMBER: 2:05CV00814 PGC
CIVIL ACTION NO.
COMPLAINT (Jury Demand)

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights

Act of 1964 and Title I of the Civil Rights Act of 1991 to restrain the unlawful payment of

wages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and to provide appropriate relief due to, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle as a result of such unlawful practices.
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 Sections 16(c) and Section 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d) ("EPA"), and pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) § 2000e-5(f)(1) and (3)("Title VII"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for Utah.
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 the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and Public Law 98-532 (1984),98 Stat. 2705, and by 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1)and (3). 4. At all relevant times, Defendant, Convergys Corporation (the "Employer"), has continuously been a Ohio Corporation, doing business in the State of Utah and the City of Orem 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).
6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production of goods for commerce within the
meaning of Sections 3(b), (i) and OJ of the FLSA, 29 U.S.C. §§ 203(b), (i) and OJ has
continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s) and, in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE VII CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Dawn Wheeler filed a charge with the Commission alleging violations of Title VII by Defendant employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least January 2000, Defendant Employer has engaged in unlawful employment practices at its Orem Utah site, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by discriminating against, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle with respect to their compensation because of their sex, female.

10. The effect of the practices complained of in paragraph 9 above has been to deprive, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle of equal employment opportunities and otherwise adversely affect their status as an employee because of their sex, female.
11. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle.
STATEMENT OF EPA CLAIMS 13. Since at least October 1,2002, Defendant Employer violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle, Technical Support Engineers, in its Orem, Utah facility at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 14. As a result of the acts complained of above in paragraph 13, Defendant Employer unlawfully has withheld and is continuing to withhold the payment of wages due to, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle. 15. The unlawful practices complained of in paragraph 13 above were willful.
PRAYER FOR RELIEF

Wherefore, the Commission requests 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 (a) engaging in gender-based disparate compensation and in any other employment practice which discriminates on the basis of sex and (b) retaliating against employees because they oppose practices made unlawful by Title VII or participate in a proceeding pursuant to Title VII. B. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from (a) discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions and (b) retaliating against employees because they oppose practices made unlawful by EPA or participate in a proceeding pursuant to the EPA. C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant Employer to make whole, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not

limited to backpay. E. Order Defendant Employer to make whole, at a minimum, Dawn Wheeler,
Gretha Record, JulieAnn Angelos, and Kim Sponaugle by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, loss of enjoyment of life, and humiliation. in amounts to be determined at trial.
F. Order Defendant Employer to pay, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle punitive damages for its malicious and/or reckless conduct described in paragraph 9 above, in an amount to be determined at trial.
G. Grant a judgment requiring Defendant Employer to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to Jennifer Richards whose wages were being unlawfully withheld as a result of the acts complained of above in paragraph 13.
O. Grant such further relief as this Court deems necessary and proper in the public interest.
P. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by this Complaint.

Paul M. Warner United States Attorney
~ ,{/,(411 (ev
Carlie Christensen Civil Chief
UNITED STATES ATTORNEY 185 S. State #400 Salt Lake City, Utah 84111 (801) 325-3243 Associated Local Counsel for Plaintiff

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

1801 L Street, N.W.

Washington, D.C. 20507

_ ('

/~A

vfd~

Mary Jo O'N II Regional Attorney

Q JJ" ~ J::iJtJ
C. Emanuel Smith Supervisory Trial Attorney

Sandra Padegimas ~~

Trial Attorney (

~--

/'

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5061 Attorneys for Plaintiff

~JS 44 (Rev. 11104)

CIVIL COVER SHEET

The IS 44 civil cover sheet and the infonnation contain~d herein neitherrepiace n,?r supplem~nt the filing and seryice ofpleadings or other papers as re~ired.!2Y law, except as provided

by lo~~1 rules of court, ThIs fonn, approved by the JudIcial Conference of the Umted States m September 1974, IS reqUIred for the use ofthe Clerk ofr.'!OJh ~rm.e purpose ofmitiatmg

the CIVII d ock et sheet. (SEE INSTRUerIONS ON THE REVERSE OF THE FORM.)

U.S. DISTRICT r.OlJRT

J. (a) PLAINTIFFS

DEFENDANTS

Equal Employment Opportunity Commission

p 3: 54 Conyergys Corporation, an ?\11l~ ~"2'8"n

(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S, PLAINTIFF CASES)

MWF County of Residence of First Listed Defenda~ 1ST ;;

1::1 ~.~: J

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: [~~::~~~~~~~NATlO~~::",~,~ ~.~~.~;~~~~~N OF THE
DOl l , ( k~,·",

(c) Attorney's (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Mary Jo O'Neill, C. Emanuel Smith, Sandra 1. Padegimas (602)640-5061 US EEOC, 3300 N. Central Aye., Ste 690, Phoenix, Arizona 85012

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

)(1 U,S. Government
Plaintiff

03 Federal Question
(U,S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Derendant)

Citizen orThis State

PTF DEF
01 0 I Incorporated or Principal Place

PTF DEF
0 4 04

of Business In This State

02 U.S. Government
Derendant

04 Diversity
(Indicate Citizenship or Parties in Item [J[)

IV. NATURE OF SUIT (Place an "X" in One BoxOnlv)

CONTRACT

TORTS

o 110 Insurance o 120 Marine o 130 Miller Act o !40 Negotiable Instrument o 150 Recovery orOverpayment

PERSONAL INJURY
0 310 Airplane 0 3 I 5 Airplane Product
Liability
0 320 Assault. Libel &

PERSONAL INJURY
0 362 Personal Injury-
Med. Malpractice
0 365 Personal Injury -
Product Liability

& Enrorcement ofJudgment

Slander

o 151 Medicare Act

0 330 Federal Employers'

o 152 Recovery of Deraulted

Liabihty

0 368 Asbestos Personal
Injury Product Liability

Student Loans

0 340 Marine

PERSONAL PROPERTY

(ExcL Veterans)

0 345 Marine Product

0 370 Other Fraud

0153 Recovery or Overpayment

Liability

0 371 Truth in Lending

orVeteran's Benefits
o 160 Stockholders' Suits o 190 Other Contract o 195 Contract Product Liability o 196 Franchise

0 350 Motor Vehicle 0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury

0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

REAL PROPERTY
o 210 Land Condemnation o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o 245 Tort Product Liability o 290 All Other Real Property

CIVIL RIGHTS

PRISONER PETITIONS

i 441 Voting 442 Employment

0 5\0 Motions to Vacate
Sentence

0 443 Housing!

Habeas Corpu5:

Accommodations

0 530 General

0 444 Welrare

0 535 Death Penalty

0 445 Amer w/Disabilities- 0 540 Mandamus & Other

Employment

0 550 Civil Rights

0 446 A1ner. w/Disabilities· 0 555 Prison Condition

Other CJ 440 Other Civil Rights

Citizen of Another State
Citizen or Subject of a Foreign COlUlt:!:Y

02
o ]

0 2 Incorporate-d and Principal Place
of Business In Another State
0 3 ForeIgn Nation

0 5 [1 5
0 6 o6

FORFE REIPENALTY
[1 610 Agriculture
0 620 Other Food & Drug 0 625 Drug Related Seizure
of Property 21 USC 881
0 630 Liquor Laws 0 640 R,R. & Truck 0 650 Airline Regs 0 660 Occupational
Safety/Health
0 690 Other LA R
0 710 Fair Labor Standards A"
0 720 Labor/Mgml. Relations 0 730 Labor/MgmLReporting
& Disclosure Act
0 740 Railway Labor Act 0 790 Other Labor Litigation 0 79! Empl, ReLlnc.
Security Act

NKR Y
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157
PROPE T RIGHTS
o 820 Copyrights o 830 Patent o 840 Trademark
CT L EClJRITY
0861 HIA (I 395fl)
o 862 Black Lung (923) o 863 DlWC/DIWW (405(g» o 864 SSlD Title XVI o 865 RSI (405(!!.)
FEDERAL TAX SUITS
o 870 Taxes (U.S, Plaintiff
or Defendant)
o 87 I IRS-Third Party
26 USC 7609

OTHER STATUTES
0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influem:ed and
Corrupt Organizations
0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Service 0 850 Securities!Commodities!
Exchange
0 875 Customer Challenge
12USC 34\0
0 890 Other Statutory Actions 0 891 Agricultural Acts 0 892 &:onomic Stabilization Act 0 893 Environmental Maners 0 894 Energy Allocation Act 0 895 Freedom oflnformation
A" 0 900Appeal or Fee Detennination
Under Equal Access
to Justice
0 950 Constitutionality or
State Statutes

V ORIGIN
)(1 Original

(Place an ··X" in One Box Only)

o 2 Removed from

0 3 Remanded from

0 4

0 5 Transferred from 0 6

Reinstated or

another distnct

Multidistrict

Appeal to Distrlct
0 7 Judge from
Magistrate

Proceedin

State Court

A ellate Court

Reo ned

s ecif

Liti ation

Jud ment

CIi:t:eqIuhealUp.SaCyivAjlcStlaOlT\Ill~' !l\)I;J~je,, "IIhnl'jeh yV'0I'I "0e1filhlineg e(plYoI roKtlcgitmejsu'A~CdiTctoiQrn~·I1~,!')\'~1t,utfI,t"Inelfs0s1d\·:yneendcj,;/v.II Klg h ts Act 01 18"vl

VI. CAUSE OF ACTION Brief description of cause:

.

. _

To correct unlawtul employment practices on the baSIS ot gender

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND: )I{ Yes 0 No

VIII. RELATED CASE(S) IF ANY

(See instructions)

JUDGE

DOCKET NUMBER

RECEIPT # _ _ _ _ _ AMOUNT _ _ _ _ _ _ __ APPLYING IFP _ _ _ _ __

Judge Paul G. Cassell DECK TYPE: Civil
DATE STAMP: 09/28/2005 @ 16:03:34 CASE NUMBER: 2:05CV00814 PGC

JS 44 Reverse (Rev. 11/04)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

1.

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only

the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving

both name and title.

(b) County of Residence. For each civil case fIled, except U.S. plaintiffcases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location ofthe tract ofland involved.)

(c) Attorneys. Enter the finn name, address, telephone number, and attorney ofrecord. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.CP., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.

United States plaintiff. (I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the ditferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

Ill. Residence (citizenship) ofPrincipal Parties. This section of the JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X' in the appropriate box. Ifthe nature ofsuit cannot be determined, be sure the cause ofaction, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the tiling date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the tiling date.

Transferred from Another District. (5) For cases transferred under Title 28 USc. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a briefdescription ofthe cause. Do not cite jurisdictional statutes

unless diversity.

Example:

U.S. Civil Statute: 47 USC 553 Brief Description: Onautfionzed reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.ev.p.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

 
 Mary Jo O’Neill AZ #005924 C. Emanuel Smith MS #7473 Sandra J. Padegimas AZ #011652 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5061 sandra.padegimas@eeoc.gov
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity Commission,
Plaintiff, vs.
Convergys Corporation,
Defendant.

) ) Case No. 2:05CV00814 PGC ) ) AMENDED COMPLAINT ) (JURY DEMANDED) ) ) Judge Paul G. Cassell ) ) ) )

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and to provide appropriate relief due to, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle as a result of such unlawful practices.

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 Sections 16(c) and Section 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d) ("EPA"), and pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) § 2000e-5(f)(1) and (3)("Title VII"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for Utah.
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 the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705, and by 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1)and (3). 4. At all relevant times, Defendant, Convergys Corporation (the "Employer"), has continuously been a Ohio Corporation, doing business in the
-2-

State of Utah and the City of Orem 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).
6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s) and, in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE VII CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Dawn Wheeler filed a charge with the Commission alleging violations of Title VII by Defendant employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least January 2000, Defendant Employer has engaged in unlawful employment practices at its Orem, Utah site, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by discriminating against, at a
-3-

minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle with respect to their compensation because of their sex, female.
10. The effect of the practices complained of in paragraph 9 above has been to deprive, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
11. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle.
STATEMENT OF EPA CLAIMS 13. Since at least October 1, 2002, Defendant Employer violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle, Technical Support Engineers, in its Orem, Utah facility at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 14. As a result of the acts complained of above in paragraph 13, Defendant Employer unlawfully has withheld and is continuing to withhold the payment of wages due to, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle.
-4-

15. The unlawful practices complained of in paragraph 13 above were willful.
PRAYER FOR RELIEF Wherefore, the Commission requests 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 (a) engaging in gender-based disparate compensation and in any other employment practice which discriminates on the basis of sex and (b) retaliating against employees because they oppose practices made unlawful by Title VII or participate in a proceeding pursuant to Title VII. B. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from (a) discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions and (b) retaliating against employees because they oppose practices made unlawful by EPA or participate in a proceeding pursuant to the EPA. C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
-5-

D. Order Defendant Employer to make whole, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to backpay.
E. Order Defendant Employer to make whole, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, loss of enjoyment of life, and humiliation. in amounts to be determined at trial.
F. Order Defendant Employer to pay, at a minimum, Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle punitive damages for its malicious and/or reckless conduct described in paragraph 9 above, in an amount to be determined at trial.
G. Grant a judgment requiring Defendant Employer to pay, at a minimum, appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to Dawn Wheeler, Gretha Record, Julie Ann Angelos, and Kim Sponaugle, whose wages were being unlawfully withheld as a result of the acts complained of above in paragraph 13.
H. Grant such further relief as this Court deems necessary and proper in the public interest.
I. Award the Commission its costs of this action.
-6-

 
 IN THE UNITED STATES DISTRICT COURT FILED DISTRICT OF UTAH, CENTRAL DIVISI@~ O:STRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.

ZOOl MAY 3 I D 2: In

Case No. 2:05CV008tf1SP,~tVr 0:: UTMl

Judge Paul G. Cass~)\:' OEP"c1'vc"'-cp;;---'

,I"i i

~ L.,., 11\

CONSENT DECREE

CONVERGYS CORPORATION,

Defendant.

The United States Equal Employment Opportunity Commission ("EEOC" or "Commission") filed this action against Defendant, Convergys Corporation ("Convergys" or "Defendant"), to enforce the Equal Pay Act of 1963,29 U.S.C. §§ 206 et seq. (EPA), Title VII of the Civil Rights Act of 1964,42 U.S.C. §2000e et seq. (Title VII), and the Civil Rights Act of 1991,42 U.S.C. §1981a and to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees ofthe opposite sex, and to provide appropriate relief due to Dawn Wheeler ("Wheeler") and three class members, Gretha Record ("Record"), Julie Ann Angelos ("Angelos"), and Kim Spounag1e ("Sponaugle") as a result of such unlawful practices.
As a result of settlement negotiations, the Commission and Convergys agree that this action should be finally resolved by this Consent Decree ("Decree"). The Commission and Convergys entered into this Decree as a way of resolving all outstanding differences that may have existed in this case. This Decree fully and finally resolves any and all claims arising out of the Complaint filed by the Commission, including, without limitation, back pay, compensatory and punitive damages, injunctive relief, costs and attorneys fees. This Decree shall not constitute

an adjudication of or finding on the merits of the case, and shall not be construed as an admission by Convergys of any violation of the EPA or Title VII.
The Commission and Convergys hereby agree as follows: 1. The Court has jurisdiction over the subject matter of this action and ofthe parties hereto. 2. This Consent Decree resolves all claims asserted by the Commission on behalf of Wheeler, Record, Angelos and Sponaugle against Convergys in this lawsuit, including without limitation back pay, compensatory and punitive damages, injunctive relief, costs, and attorneys fees. 3. The terms and provisions ofthis Decree are adequate, fair, reasonable, equitable, and just. The rights ofthe parties are adequately protected by this Decree. 4. This Consent Decree conforms with the Federal Rules of Civil Procedure, the EPA and Title VII, and is not in derogation of the rights and privileges of any person. The entry ofthis Consent Decree will further the objectives ofthe EPA and Title VII, and will be in the best interests of the Commission, Wheeler, Record, Angelos, Sponaugle, Convergys, and the public. 5. This Consent Decree applies to Convergys' Orem, Utah facility, and shall be binding upon the present and future officers, agents, employees, assigns and successors of Convergys in their capacities as officers, agents and employees of Convergys and not in their individual capacities. 6. Convergys and its officers, agents, employees, successors, and assigns, for the duration of this Decree, will not: violate the EPA or Title VII by discriminating against an employee in the payment of wages or any other compensation based on sex.
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•

MONETARY RELIEF

7. Convergys shall pay the gross amount of $60,000 to Wheeler as back wages and

shall both pay all payroll taxes it owes on the back wages and deduct the additional payroll taxes

owed by Wheeler.

8. Convergys shall pay the gross amount of$19,500 to Record as back wages and

shall both pay all payroll taxes it owes on the back wages and deduct the additional payroll taxes

owed by Record.

9. Convergys shall pay the gross amount of$7,000 to Angelos as back wages and

shall both pay all payroll taxes it owes on the backwages and deduct the additional payroll taxes

owed by Angelos.

10. Convergys shall pay the gross amount of$3,500 to Sponaugle as back wages and

shall both pay all payroll taxes it owes on the back wages and deduct the additional payroll taxes

owed by Sponaugle.

11. Convergys shall pay the settlement amount referenced above to Wheeler, Record,

Angelos, and Sponaugle by separate check, cashier's check, or money order no later than ten

(10) business days from entry of this Decree. Convergys also shall mail copies of the checks to:

Mary Jo O'Neill Regional Attorney Equal Employment Opportunity Commission Phoenix District Office 3300 North Central Ave., Suite 690 Phoenix, AZ 85012

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- ------------------------,
EXPUNGING OF PERSONNEL FILE 12. Within 20 days of the entry of this Decree, to the extent necessary, Convergys shall expunge from the personnel files of Wheeler, Record, Angelos, and Sponaugle's (a) all references to the charges of discrimination filed against Defendant that formed the basis of this action; and (b) all references to Wheeler, Record, Angelos, and Sponaugle's participation in this action since the administrative complaint was filed.
NOTICE 13. Convergys will post, for two years after entry of this Decree, in a prominent place frequented by its employees at its Orem, Utah, facility, the notice attached as Attachment A in the same type, style, and size as Attachment A.
CORRECTIVE POLICIES AND PRACTICES 14. Convergys shall review and revise, if necessary, its written policies against sex discrimination, copies of which are available to its employees. Within thirty (30) days of the entry of Decree, Convergys shall submit its written policies against sex discrimination to the Regional Attorney of the EEOC's Phoenix District Office.
TRAINING 15. Within three (3) months ofthe entry of this Decree, and on an annual basis for the duration of this Decree, Convergys shall provide training on the EPA and Title VII for supervisory and Human Resources employees at the Orem, Utah, facility. Each annual training shall take place between ten (10) and fourteen (14) months after the completion of the prior year's training. 16. The annual training shall be at least one and one-halfhours in length, including time for questions and answers. The training shall include the following topics:
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a. An overview of the EPA and Title VII generally and ofConvergys' obligations under the EPA and Title VII with respect to both sex discrimination generally, and the payment of equal wages, specifically.
b. An overview ofConvergys' obligations under the EPA and Title VII with respect to retaliation;
c. Convergys' policies and procedures regarding sex discrimination and retaliation. 17. Convergys shall provide a trainer(s) who is knowledgeable about all of the subjects ofthe training, to conduct the training, and shall supply a copy of the written training materials to the EEOC Regional Attorney for the Phoenix District Office within ninety days of the entry ofthis Decree. 18. In order to give all employees the opportunity to take the training, each annual training may be held on multiple dates. All personnel who attend the training shall sign an attendance roster. The registry of attendance shall be retained by Convergys for the duration of this Decree.
RECORD KEEPING AND REPORTING 19. Convergys shall maintain all records concerning its implementation of this Decree for the entire term ofthe Decree. 20. Convergys shall report to the Commission in writing, within six months from the entry of this Decree and annually for the term of the Decree, regarding its compliance with the specific terms ofthe Decree, by sending the report to the Regional Attorney of the EEOC's Phoenix District office at the address above. In addition to the reporting requirements set forth above, the report shall include the following information: a. Any revisions to Convergys' policies and procedures regarding sex
discrimination;
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b. The registries of persons attending each of the seminar-training sessions, and lists of current Utah employees on the days of the seminar-training sessions;
c. Confirmation that (1) the Notice was posted, with a description of the locations where it was posted; and (2) the training was held.
21. Convergys shall bear its own costs in conjunction with the maintenance ofrecords and preparation of reports required by this Decree.
PROCEDURES AND REMEDIES FOR NON-COMPLIANCE 22. This Court shall retain jurisdiction over this action for the duration of the Decree. During this time, the Commission may petition this Court to order Convergys to comply with the Decree. 23. In the event that the Commission believes that Convergys has failed to comply with any provision(s) of this Decree, it shall, prior to filing any petition with the Court: a. Notify Convergys in writing of the non-compliance by fax and by United States
mail to the counsel and the corporate officer who signs this Decree on Convergys' behalf, or to his or her successor, and b. Afford Convergys thirty (30) days after service of the notice to remedy the noncompliance. 24. In the event the Court finds that Convergys has violated this Decree, the Court may order Convergys to remedy the non-compliance, and may extend this Agreement for such period as may be necessary to remedy its non-compliance.
FORCE AND EFFECT 25. The parties agree to the entry of this Agreement subject to final approval by the Court.
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26. If any provision(s) of this Decree are found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions shall remain in full force and effect.
27. This Court shall retain jurisdiction of this action for a period of two (2) years after entry of the Decree. Absent further extension by the Court, the Decree shall expire at the end of two (2) years without further action by the parties.
DATED thiJ/sS.~r day of May, 2007.
BY THE COURT:

United States District Judge

APPROVED AND CONSENTED TO BY:
lsi William W. Ford, III WILLIAM W. FORD III VICE PRESIDENT, LEGAL
CONVERGYS CORPORATION
lsi George E. Yund GEORGE E. YUND
FROST BROWN TODD, LLC 2200 PNC Center 201 East Fifth Street Cincinnati, Ohio 45202-4182
Attorneys for Defendant (Signed copy of document bearing signatures is being maintained in the office of the filing attorney)

IslMarv Jo O'Neill MARY JO O'NEILL Regional Attorney
lsi Sally C. Shanley SALLY C. SHANLEY Supervisory Trial Attorney
lsi Sandra Padegimas SANDRA PADEGIMAS Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012-2504
Attorneys for Plaintiff EEOC

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ATTACHMENT A
NOTICE TO ALL CONVERGYS EMPLOYEES
Federal and state laws prohibit discrimination against employees on the basis oftheir sex. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Utah Anti-Discrimination and Labor Commission (UALD).
Convergys will not discriminate against any employee on the basis of sex, and will not retaliate against any employee.
If you believe you have been discriminated against at Convergys, you are requested to seek assistance from the Convergys Human Resources department and you have the right to seek assistance from:
(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012, (602) 640-5000; or
(2) Utah Anti-Discrimination and Labor Commission, 160 East 300 South, 3rd Floor, Salt Lake City, Utah 84114, (801) 530-6801.
No Retaliation Clause. No action may be taken against you by any supervisory or management official of Convergys for (1) opposing discriminatory practices made unlawful by federal law, (2) filing a charge or assisting or participating in the filing of a charge of discrimination, or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the UALD at the address or telephone numbers listed above.
Dated:_ _ _ _ _ _ _ _ _ _ _ __

 
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Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:05-cv-00814-PGC

CLOSED

Equal Employment Opportunity Commission v. Convergys Corporation Assigned to: Judge Paul G. Cassell Cause: 29:0203 Equal Pay Act

Date Filed: 09/28/2005 Date Terminated: 05/31/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Ann L. Fuller US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (CO) 303 E 17TH AVE STE 510 DENVER, CO 80203 (303)866-1319 Email: ann.fuller@eeoc.gov TERMINATED: 08/02/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

C. Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: emanuel.smith@eeoc.gov TERMINATED: 03/29/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carlie Christensen US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)524-5682 Email: Carlie.Christensen@usdoj.gov TERMINATED: 01/19/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: mary.oneill@eeoc.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sally C. Shanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5032 Email: sally.shanley@eeoc.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sandra J. Padegimas EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: sandra.padegimas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
T. Diana Chen EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5033 Email: diana.chen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. Sorenson US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)325-3218 Email: Stephen.Sorenson@usdoj.gov
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V. Defendant Convergys Corporation
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ATTORNEY TO BE NOTICED
represented by Catherine Ann Reed FROST BROWN TODD 2200 PNC CTR 201 E FIFTH ST CINCINNATI, OH 45202-4182 (513) 852-4110 Email: creed@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David A. Skidmore FROST BROWN TODD 2200 PNC CTR 201 E FIFTH ST CINCINNATI, OH 45202-4182 (513) 651-6800 Email: dskidmore@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael P. O'Brien JONES WALDO HOLBROOK & MCDONOUGH (SLC) 170 S MAIN ST STE 1500 SALT LAKE CITY, UT 84101 (801)521-3200 Email: mobrien@joneswaldo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Murray W. Griess FROST BROWN TODD (OH) 2200 PNC CTR 201 E FIFTH ST CINCINNATI, OH 45202-4182 (513)651-6800 Email: mgriess@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ali Levin JONES WALDO HOLBROOK & MCDONOUGH (SLC) 170 S MAIN ST STE 1500
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SALT LAKE CITY, UT 84101 (801)521-3200 Email: alevin@joneswaldo.com ATTORNEY TO BE NOTICED

Date Filed 09/28/2005 09/29/2005
11/28/2005 12/07/2005 12/21/2005
12/23/2005 12/28/2005 01/17/2006

# Docket Text
1 COMPLAINT against Convergys Corporation (Fee Status: Waived), filed by Equal Employment Opportunity Commission.Assigned to Judge Paul G. Cassell (jwt, ) (Entered: 09/29/2005)
2 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Mary Jo O'Neill for Equal Employment Opportunity Commission, C. Emanuel Smith for Equal Employment Opportunity Commission, Sandra J. Padegimas for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 9/29/05. (asp) (Entered: 09/30/2005)
3 AMENDED COMPLAINT against Convergys Corporation with Jury Demand, filed by Equal Employment Opportunity Commission.(asp, ) (Entered: 11/28/2005)
4 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Equal Employment Opportunity Commission as to Convergys Corporation served on 12/6/2005, answer due 12/27/2005. (asp, ) (Entered: 12/07/2005)
5 MOTION/ORDER granting motion for Admission Pro Hac Vice for of David A. Skidmore for Convergys Corporation, Catherine Ann Reed for Convergys Corporation. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 12/21/05. (kvs, ) (Entered: 12/22/2005)
6 ANSWER to Amended Complaint filed by Convergys Corporation.(O'Brien, Michael) (Entered: 12/23/2005)
7 NOTICE of Appearance by Ali Levin on behalf of Convergys Corporation (Levin, Ali) (Entered: 12/28/2005)
8 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 3/15/2006 02:30 PM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (Entered: 01/17/2006)

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02/24/2006
03/03/2006 03/06/2006
03/10/2006 03/15/2006 03/16/2006 03/22/2006
03/28/2006 03/29/2006

9 NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 1/17/06 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 3/15/2006 02:30 PM in Room 436 before Magistrate Judge Paul Warner. (asp, ) (tsh, ) (Entered: 02/24/2006)
10 REPORT OF ATTORNEY PLANNING MEETING. (Reed, Catherine) (Entered: 03/03/2006)
11 SCHEDULING ORDER: Initial Pretrial Conference set for 3/15/06 at 2:30 p.m. vacated. Amended Pleadings due by 5/31/2006. Joinder of Parties due by 5/31/2006. Fact and Expert Discovery due by 9/15/2006. Motions due by 10/31/2006. Final Pretrial Conference set for 3/20/2007 03:00 PM in Room 103 before Judge Paul G. Cassell. Fifteen day Jury Trial set for 4/2/2007 08:30 AM in Room 103 before Judge Paul G. Cassell. Signed by Judge Paul M. Warner on 3/6/06. (ce, ) (Entered: 03/07/2006)
12 Joint MOTION to Amend/Correct 11 Scheduling Order, filed by Defendant Convergys Corporation. (Levin, Ali) (Entered: 03/10/2006)
13 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Initial Rule 26(a)(1) Disclosure Statement and Discovery Requests (Padegimas, Sandra) (Entered: 03/15/2006)
14 NOTICE OF FILING Certificate of Service of Defendant Convergys' Rule 26 Disclosures filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 03/16/2006)
15 ORDER denying 12 Motion to Amend/Correct the Pretrial Conference date and Trial Dates. This order is made after the parties represented to the court that the current pretrial conference date and the current trial dates are fine with counsel. Although both parties have not withdrawn their joint motion, the parties represented to the court that they would withdraw their motion, and that the motion was moot because the parties agree to the current scheduling order as set. As such, the pretrial conference is still set for 3/20/2007 03:00 PM in Room 103, and the Fifteen day Jury Trial is still set for 4/2/2007 08:30 AM in Room 103. If counsel wish to alter the length of trial, they may make a further motion to the court. Signed by Judge Paul G. Cassell on 3/22/06. (smy) (Entered: 03/22/2006)
16 MOTION to Withdraw as Attorney for Plaintiff EEOC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C.) (Entered: 03/28/2006)
17 ORDER granting 16 Motion to Withdraw as Attorney. Attorney C. Emanuel Smith withdrawn from case . Signed by Judge Paul G. Cassell on 3/29/06. (kla, ) (Entered: 03/30/2006)

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03/31/2006
03/31/2006
05/08/2006 06/07/2006 06/08/2006 06/12/2006 06/17/2006 06/20/2006 06/20/2006 06/23/2006 06/23/2006 07/12/2006 07/13/2006 07/13/2006

18 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 3/31/06. (kla, ) (Entered: 03/31/2006)
19 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Ann L. Fuller for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 3/31/06. (kla, ) (Entered: 03/31/2006)
20 CERTIFICATE OF SERVICE by Convergys Corporation of Defendant's Discovery Requests (Reed, Catherine) (Entered: 05/08/2006)
21 MOTION for Protective Order Stipulated Protective Order filed by Defendant Convergys Corporation. (Attachments: # 1)(O'Brien, Michael) (Entered: 06/07/2006)
22 STIPULATED PROTECTIVE ORDER. Signed by Judge Paul G. Cassell on 6/8/06. (kla, ) (Entered: 06/08/2006)
23 DECLARATION of Ann Fuller Certifying EEOC Discovery Response filed by Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 06/12/2006)
24 MOTION to Continue Trial Date filed by Defendant Convergys Corporation. (Attachments: # 1 Attachment: Declaration of Channon Cary)(Reed, Catherine) (Entered: 06/17/2006)
25 CERTIFICATE OF SERVICE by Convergys Corporation of Answers to Plaintiff EEOC's First Set of Interrogatories (Reed, Catherine) (Entered: 06/20/2006)
26 CERTIFICATE OF SERVICE by Convergys Corporation of Responses to Plaintiff EEOC's First Request for Production of Documents (Reed, Catherine) (Entered: 06/20/2006)
27 ORDER granting 24 Motion to Continue Trial date set for 4/2/07 until 9/4/07. Signed by Judge Paul G. Cassell on 6/23/06. (kla, ) (Entered: 06/23/2006)
28 NOTICE OF HEARING: Jury Trial set for 9/4/2007 at 08:00 AM in Room 103 before Judge Paul G. Cassell. Pretrial Conference set for 8/14/2007 at 03:00 PM in Room 103 before Judge Paul G. Cassell. (kla, ) (Entered: 06/23/2006)
29 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena served on Kim Sponaugle on 07/06/06, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/12/2006)
30 Joint MOTION for Extension of Time Regarding Defendant's Expert Report Deadline and Plaintiff's Rebuttal Expert Deadline filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/13/2006)
31 DOCKET TEXT ORDER granting 30 Motion for Extension of Time. Defendant's Expert Disclosure and Report due by 8/25/06. Plaintiff's Rebuttal Expert Disclosure and Report due by 9/25/06. No further extensions will be granted absent good cause shown. Signed by Judge Paul G. Cassell on 7/13/06.No

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07/25/2006 07/26/2006 07/31/2006 07/31/2006 07/31/2006 08/01/2006
08/02/2006

attached document. (kla, ) (Entered: 07/13/2006)
32 MOTION for Admission Pro Hac Vice of Murray W. Griess Registration fee $ 15, receipt number 354767. filed by Defendant Convergys Corporation. (Attachments: # 1)(O'Brien, Michael) (Entered: 07/19/2006)
33 ORDER granting 32 Motion for Admission Pro Hac Vice for Murray W. Griess. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Paul G. Cassell on 7/20/06.(kla, ) (Entered: 07/20/2006)
34 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal served on Julie Angelos on 07/09/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/24/2006)
35 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Third Discovery Requests to Defendant (Shanley, Sally) (Entered: 07/24/2006)
36 NOTICE OF DEFICIENCY re 34 Return of Service. The document image does not contain the issued subpoena. The court requires that the return of service be filed with a copy of the issued subpoena. The court asks the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (kla, ) (Entered: 07/25/2006)
37 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Julie Angelos on 07/09/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/25/2006)
38 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal served on Gretha Record on 07/06/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/26/2006)
39 Plaintiff's MOTION to Withdraw as Attorney filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Fuller, Ann) (Entered: 07/31/2006)
40 First MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 07/31/2006)
41 MEMORANDUM in Support re 40 First MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- 11)(Padegimas, Sandra) (Entered: 07/31/2006)
42 ORDER GRANTING EXTENSION OF TIME TO COMPLETE DISCOVERY. Motions terminated: 40 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. Fact Discovery due by 1/15/2007. Motions due by 3/1/2007. Signed by Judge Paul G. Cassell on 8/1/06. (kla, ) (Entered: 08/01/2006)
43 MOTION for Extension of Time re the Defendant's Expert Report filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 08/02/2006)

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08/02/2006 08/07/2006
08/11/2006 09/13/2006 11/22/2006 11/29/2006 11/29/2006 11/30/2006 12/06/2006 12/06/2006 12/06/2006 12/29/2006

44 ORDER granting 39 Motion to Withdraw as Attorney. Ann L. Fuller is withdrawing as counsel for the Equal Employment Opportunity Commission. Signed by Judge Paul G. Cassell on 8/1/06.(kla, ) (Entered: 08/02/2006)
45 DOCKET TEXT ORDER granting 43 Motion for Extension of Time. Defendant's deadline for Expert Disclosure and Report is now October 31, 2006. Plaintiff's Rebuttal Expert Disclosure and Report is now due December 1, 2006. In the future, the court suggests that defendant submits a proposed order to the court on such matters. All other dates currently scheduled are to stay the same. Given the numerous extensions and alterations of dates requested by both parties in this matter, no further extensions of any currently set deadlines shall be granted absent good cause shown. Signed by Judge Paul G. Cassell on 8/7/06.No attached document. (kla, ) (Entered: 08/07/2006)
46 CERTIFICATE OF SERVICE by Convergys Corporation of Defendant's Second Set of Interrogatories Addressed to Plaintiff EEOC (Reed, Catherine) (Entered: 08/11/2006)
47 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Responses to Defendant's Second Set of Interrogatories (Padegimas, Sandra) (Entered: 09/13/2006)
48 Second MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits 1 -2# 2 Text of Proposed Order)(Padegimas, Sandra) (Entered: 11/22/2006)
49 MEMORANDUM in Opposition re 48 Second MOTION for Extension of Time to Complete Discovery filed by Defendant Convergys Corporation. (Skidmore, David) (Entered: 11/29/2006)
50 EXHIBITS filed by Convergys Corporation re 49 Memorandum in Opposition to Motion. (Attachments: # 1 Exhibit 1)(Skidmore, David) (Entered: 11/29/2006)
51 REPLY to Response to Motion re 48 Second MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits A - C)(Padegimas, Sandra) (Entered: 11/30/2006)
52 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff EEOC's First Supplemental Disclosure Statement (Padegimas, Sandra) (Entered: 12/06/2006)
53 ORDER granting in part and denying in part 48 Motion for Extension of Time to Complete Discovery. Signed by Judge Paul G. Cassell on 12/6/06.(kla) (Entered: 12/06/2006)
54 Set/Reset Scheduling Order Deadlines: Discovery due by 4/30/2007. Motions due by 5/16/2007 per order 53 . (kla) (Entered: 12/06/2006)
55 MOTION for Admission Pro Hac Vice of T. Diana Chen (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 12/29/2006)

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CM/ECF - U.S. District Court:utd

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?207233954083029-L_19...

01/03/2007
01/16/2007 01/19/2007 05/23/2007
05/24/2007 05/25/2007 05/25/2007 05/31/2007

56 ORDER granting 55 Motion for Admission Pro Hac Vice of T. Diana Chen for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 1/3/07. (kla) (Entered: 01/03/2007)
57 MOTION to Withdraw filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Christensen, Carlie) (Entered: 01/16/2007)
58 ORDER granting 57 Motion to Withdraw re: Carlie Christensen as attorney. Signed by Judge Paul G. Cassell on 1/17/07. (kla) (Entered: 01/19/2007)
59 ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1) for Settlement. Magistrate to conduct a settlement conference by 7/31/2007. Counsel shall, by 7/3/2007, jointly contact the Magistrate to schedule the settlement conference. Signed by Judge Paul G. Cassell on 5/23/2007. (yre) (Entered: 05/23/2007)
60 ORDER OF RECUSAL. Judge Paul M. Warner recused and another magistrate judge to be referred to conduct the settlement conference. Signed by Judge Paul M. Warner on 05/24/07. (ce) (Entered: 05/24/2007)
61 ORDER re 60 Order of Recusal. The settlement conference referral 59 is now assigned to Magistrate Judge Brooke Wells. [Docket text order - not text image.] Signed by Judge Paul G. Cassell on 5/25/2007. (yre) (Entered: 05/25/2007)
62 NOTICE OF FILING of Consent Decree for Approval filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 05/25/2007)
63 CONSENT JUDGMENT in favor of Equal Employment Opportunity Commission against Convergys Corporation. Case Closed. Signed by Judge Paul G. Cassell on 5/31/07. (kla) (Entered: 06/01/2007)

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