IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DMSION

~ ~ / ~.<?n ('l

9.,::,
:;6.

~\ ...:
0

v;.i'" -, ~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

c;..,' )u
) DGE JOAN H. lEF/<OW

~- C/.'

~ cc::'-, '.v;..;.. !;>

Plaintiff,

1J'k. MAGI'TRATE JUDGE ASHMAN ~

)

tiCKlTED CIVIL ACTION NO:-

v. U-HAUL INTERNATIONAL, INC

) ~

SfP22
04C 6162 lOOl

and

)

U-HAUL OF ILLINOIS, INC. d/b/a

)

U-HAUL CO. OF NORTHWEST CHICAGO )

SUBURBS

)

COMPLAINT

)

JURy TRIAL DEMAND

Defendants.

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

2000e et seq., and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices

on the basis of race and retaliation and to provide appropriate relief to Gary Townes who was

adversely affected by such practices. PlaintiffEqual Employment OpportunityCommission alleges

that Defendants U-Haul International, Inc. and U-Haul Co. of lllinois, Inc. d/b/a U-Haul Co. of

Northwest Chicago Suburbs (collectively "Defendants") discriminated against Gary Townes by

altering the terms and conditions ofhis employment, suspending and demoting him, and terminating

him for complaining about race discrimination.

JURISDICTION AND VENUE

1. lurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII

ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and Section 102 of

the Civil Rights Act of 1991,42 U.S.C. § 1981a (''Title Vll").

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for Northern District of illinois, Eastern

Division.

PARTms

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

1 enforcement ofTitle VU, and is expressly authorized to bring this actionby Section '~I (1)(1) and(3)

! I ~ '1

ofTitle VU, 42 U.S.C. § 2000e-5(f)(I) and (3).

ii'"" :!:;:

'i"1
4. At all relevant times, Defendant U-Haul International, Inc. has coniiri ously been a I!'ji!

corporation

doing

business

in

the

State

of

illinois

and

the

Cities

of

(including

b~1"'1
:;:;

t limited to)

Forest Park and Crystal Lake and has continuously had at least 15 employees. 1/ :1'1

Ii {I

5.

conJ~~OUSlY At all relevant times, Defendant U-Haul International, Inc. has

been an

ofsectiO~~101 employer engaged in an industry affecting commerce withinthe meaning

(b), (g) and

):.11
l1i':,::,/1

(h) ofTitle VU, 42 U.S.C. §§ 2000e(b), (g) and (h).

j'::,;'1

.' ':,1

I' ',-'j I, ::,iii

6. At all relevant times, Defendant U-Haul Co. of illinois, Inc. dlbl;t:p-Haul Co. of

bUS~1,,~b, Northwest Chicago Suburbs has continuously been a corporation doing

the State of

illinois and the Cities of (including but not limited to) Forest Park and continuously had at least 15 employees.

i:, Lake and has ! ,,~Ii I ':'

7. , At all relevant times, Defendant U-Haul Co. oflllinois, Inc.1(~iF·raul Co. of

Northwest Chicago Suburbs has continuously been an employer engaged in an: in4~\ry affecting
!iI,i':'I/'Ii, "',~
commerce within the meaning of Sections 701(b), (g) and (h) of Title VU, 42 U;.iS~~.~§ 2000e(b),

(g) and (h).

I:' ,I:' ,,,

STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Gary Townes filed a charge with the Commission alleging violations ofTitle VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least 2002, Defendants have engaged in unlawful employment practices at
its facilities, in violation ofSection 703(a)(I) and 704(a) ofTitle vn, 42 U.S.C. § 2000c-2(a)(l) and
2000e-3(a). These unlawful employment practices include, but are not limited to the following: (a) detrimentally affecting the terms and conditions of Townes' employment by removing important equipment from his workplace because ofhis race and because he complained ofrace discrimination; (b) demoting and suspending Townes because he complainedofrace discrimination; and (c) terminating Townes because he complained ofrace discrimination. 10. The effect of the practices complained of in paragraph 9 above has been to deprive
Gary Townes of equal employment opportunities and otherwise adversely affect his status as an employee, because he is African American and because he complained ofrace discrimination.
II. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained ofin paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Gary Townes.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant apermanentinjunction enjoiningDefendants, their officers, successors, assigns,
and all persons in active concert or participation with them, from engaging any employment

practice which discriminates because ofrace and retaliating against employees who exercise their
rights under Title vn.
B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for African Americans, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendants to make whole Gary Townes by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirrnativereliefnecessary to eradicate the effects of its unlawful employment practices.
D. Order Defendants to make whole Gary Townes by providing compensation for past and future pecuniarylosses resulting from the unlawful employment practices described inparagraph 9 above, in amounts to be determined at trial.
E. Order Defendants to make whole Gary Townes by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Gary Townes punitive damages for its malicious and reckless conduct described in paragraph 9 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 in this action.

JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison Street Suite 2800 Chicago,IL 60661 (312) 353-7546

Civil Cover Sheet

Page 1 of2

UNITED STA:

TRICT CO'TO''I'---~

NORTHERN DISTRICT OF ILLINOIS JUDGE JOAN H. LEFKOW

6 1 6 2 MAGIS1~~1E JUDGE ASHivlAN
Civil Cover Stieetu4C

1his automated JS-44 conforms generally to the manual JS-44 approved by the Juclicial Conference of the United States in

September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet The

information contained herein neither replaces nor supplements the fIling and service of pleaclings or other paperlllt~rD

by law. 1his fonn is authorized for use only in the Northern District ofIllinois.

U U " R t ' c,

5EP 2 2 Z904

Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):U-HAUL INTERNATIONAL, INC. AND U-HAUL OF ILLINOIS INC., d/b/a U-HAUL CO. OF NORTHWEST CmCAGO SUBURBS

County of Residence:

County of Residence: Cook

Plaintiffs Atty:

Jeanne B. Szromba

Defendant's Atty:

Equal Employment Opportunity

Commission

500 W. Madison St., Suite 2800

Chicago, IL 60661

(312) 353-7546

II. Basis of Jurisdiction:

1. U.S. Gov't Plaintiff

m. Citizenship of Principal
Parties (Diversity Cases Only) Plaintiff:-N/A
Defendant:- NIA

~
(J)
0
(...J..)r"-

~
III
8 ::::
oe>:

.."
r-
I"T'I

r

. ~jIj

0

n~ d
n
c0 =

N OJ
a...
LL1
CI)

I
f'I'I CJ ,l).

::0

~

-4

0

IV. Origin:

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

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 race and retaliation.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

http://www.ilnd.uscourts.govIPUBLlC/Fonnslautojs44.cfm

9/2212004 , -f)....

UNITED STATES DISTRICT COURT JuDGE JOAN H. LEFKOW

NORTHERN DISTRlCI' OF ILLINOIS

In the Matter of

EASTERN DIVISION

U.S. Equal Employment Opportunity Commission,

v,

Plaintiff,

U·Haul International, Inc. and U·Haul oflllinois Inc"

MAGISTRATE J:~CG': ,~S;!r:p,!

oLle Case N~er:

61' ~U 2

d/b/a U·Haul Co. of Northwest Chicago Suburbs.

Defendants.

Af1t1CSrttlf) APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED

sa -~8 V U.S. Equal Employment Opportunity Commission, Plaintiff

SEQ
i 2 2 ZU04

c::
FOjit>:

.::r
LO .."

~.r. ~ -::0 'r-c N

,

N

.> 0.-
w.! 'r>

(.A)

•

SIGNATURE (~(I, MI\o..Q.

ff.u<:'

<i' ~r... _y.,....
xLOlfU1A

\ .,.........

, (B),) ~ 'i.

/

NAME Je6lne B. Szromba U

FIRM Equal Employment Opportunity Commission FIRM Equal Employment Opportunity Commission

STREETAODRESS 500 W. Madison St., Suite 2800

STREETAODRESS 500 W. Madison St., Suite 2800

CITY1STATE.tZIP
Chicago, Illinois 60661

TELEPHONE NUMBER
(312) 353-7546

IFAX NUMBER (312) 353·8555

E-MAIL ADDRESS

CITYISTATEIZIP Chicago, Illinois 60661

TELEPHONE NUMBER
(312) 353-7526
E-MAIL ADDRESS

IfAX NlMBER. (312) 353-8555

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No, 06207846

MEMBER OF TRIAL BAR?

0 YES

NO Ii2l

TRIAL ATTORNEY?

YES [3

NO

0

r'\ /. /If

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No, 06226130

MEMBER OF TIUAL BAR?

YES

TRIAL AlTORNEY1

DESIGNATED AS LOCAl COUNSEL? SIGNATURE

(D)

o NO Ii2l
[3 0 NO
o 0 NO

/ NAME J/~ ~ndrifuon V

FIRM

I

qualI

l-
J:

mployment

Opportunity

Commission

\ STRElrrjRESS 500 W. Madison St., Suite 2800

- ATE.<IP Chicago, Illinois 60661

TELEPHONE NUMBER
(312) 353-8551
E-MAlL ADDRESS

IFAX NUMBEIl (312) 353-8555

NAME FIRM STREET ADDRESS CITY1STATEJZlP TELEPHONE NlM8ER E-MAIL ADDRESS

IFAXNlNBER

IDENTIFICATION NUMBER (S£E ITEM 4 ON REVERSE)
ARDC No. 01187589
MEMBER OF TRIAL BAR?

YES~NOD

TRIAL ATTORNEY?

YES Ii2l NO D

DESIGNATED AS LOCAL COUNSEL?

0 YES

0 NO

IDENTIFICATION NUMI£R (SEE ITEM 4 ON REVERSE) MEMBER OF TRIAL BAIl? TRIAL ATIORNEY7 DESIGNAtED AS LOCAl. COUNSEL?

o 0 NO
D NO 0
o 0 NO

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...
ASHMAN, CLOSED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-06162

EEOC v. U-Haul Intl Inc, et al Assigned to: Hon. Joan Humphrey Lefkow Demand: $0 Cause: 42:1981 Civil Rights Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 09/22/2004 Date Terminated: 01/13/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jeanne B. Szromba United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7546 Email: jeanne.szromba@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

1 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

U-Haul International, Inc.

represented by D. Scott Watson Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, IL 60661-2511 (312) 715-5000 Email: dsw@quarles.com TERMINATED: 10/06/2005 LEAD ATTORNEY
Camille A. Cribaro-Mello Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. 20 N. Clark St. Suite 900 Chicago, IL 60602 (312) 332-7760 Fax: (312) 332-7768 Email: cmello@rsnlt.com ATTORNEY TO BE NOTICED
Ellen Marie Girard Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, IL 60661-2511 (312) 715-5000 Email: egirard@quarles.com TERMINATED: 10/06/2005
Gary R. Clark Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, IL 60661-2511 (312) 715-5000 Email: gclark@quarles.com TERMINATED: 10/06/2005
John Scott Huntley Sanchez & Daniels 333 West Wacker Drive Suite 500 Chicago, IL 60606 (312) 641-1555 Email: jhuntley@sanchezdh.com ATTORNEY TO BE NOTICED
Manuel Sanchez Sanchez & Daniels

2 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

Defendant U-Haul of Illinois, Inc.

333 West Wacker Drive Suite 500 Chicago, IL 60606 (312) 641-1555 Email: msanchez@sanchezdh.com ATTORNEY TO BE NOTICED
represented by D. Scott Watson (See above for address) TERMINATED: 10/06/2005 LEAD ATTORNEY
Camille A. Cribaro-Mello (See above for address) ATTORNEY TO BE NOTICED
Ellen Marie Girard (See above for address) TERMINATED: 10/06/2005
Gary R. Clark (See above for address) TERMINATED: 10/06/2005
John Scott Huntley (See above for address) ATTORNEY TO BE NOTICED
Manuel Sanchez (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/22/2004
10/25/2004 10/25/2004 11/05/2004

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Diane Ilene Smason, Jeanne B. Szromba as attorney(s) for plaintiff (no summons(es) issued.) (Documents: (1-1 through 1-3)) (gma) (Entered: 09/22/2004)
2 WAIVER of service of summons as to defendant U-Haul Intl Inc sent on 9/22/04. (gma) (Entered: 10/26/2004)
7 WAIVER of service of summons as to defendant U-Haul of IL Inc sent on 10/21/04. (jmm) (Entered: 11/19/2004)
3 MINUTE ORDER of 11/5/04 by Hon. Joan Humphrey Lefkow: Status hearing is set for scheduling conference on 11/30/04 at 9:30 a.m. (Entered Order Setting Scheduling Conference.) Mailed notice by judge's staff. (gma) (Entered:

3 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

11/15/2004 11/15/2004 11/15/2004 11/22/2004 11/22/2004 11/30/2004
12/16/2004 01/05/2005 04/11/2005 04/11/2005
04/18/2005
06/22/2005 06/22/2005

11/08/2004)
4 ATTORNEY APPEARANCE for defendants by D. Scott Watson, Gary R. Clark, Ellen Marie Girard (rbf) (Entered: 11/18/2004)
5 CORPORATE DISCLOSURE STATEMENT by defendant U-Haul Intl Inc (rbf) (Entered: 11/18/2004)
6 CORPORATE DISCLOSURE STATEMENT by defendant U-Haul of IL Inc; Notice. (rbf) (Entered: 11/18/2004)
8 MOTION by defendant U-Haul International Inc to dismiss for failure to state a claim (Attachments); Notice. (gma) (Entered: 12/01/2004)
9 ANSWER by defendant U-Haul International Inc and affirmative defenses to complaint [1-1]; Notice. (gma) (Entered: 12/01/2004)
10 MINUTE ORDER of 11/30/04 by Hon. Joan Humphrey Lefkow: Status hearing held. Response to defendant's motion to dismiss for failure to state a claim [8-1] is to be filed and served by 12/16/04; reply by 1/5/05; ruling will issue by mail. Amendments to the pleadings and/or joinder of additional parties may be sought upon appropriate motion by 1/14/05. All discovery will close on 4/29/05. The cut-off date for designation of plaintiff's trial expert is 5/31/05; for defendant's trial expert is 6/20/05. Motion(s) for summary judgment are to be filed by 8/1/05. Case shall be ready for trial by 1/3/06. Joint final pretrial order is to be filed by 12/1/05; plaintiff's complete draft shall be served on defendant by 11/15/05. (Entered Scheduling Order.) Mailed notice by judge's staff. (gma) (Entered: 12/01/2004)
11 RESPONSE by plaintiff EEOC to defendant U-Haul International, Inc.'s motion to dismiss for failure to state a claim [8-1] (Attachments). (gma) (Entered: 12/17/2004)
12 REPLY by defendant U-Haul Intl Inc to EEOC's motion to dismiss for failure to state a claim [8-1]; Notice. (rbf) (Entered: 01/06/2005)
13 JOINT MOTION by Plaintiff Equal Employment Opportunity Commission to extend discovery deadline (gma, ) (Entered: 04/11/2005)
14 NOTICE of Motion by U-Haul of Illinois, Inc. for presentment of JOINT MOTION by Plaintiff Equal Employment Opportunity Commission to extend discovery deadline 13 before Honorable Charles P. Kocoras on 4/18/2005 at 09:30 AM. (gma, ) (Entered: 04/11/2005)
15 MINUTE entry before Judge Charles P. Kocoras : Joint motion for extension of discovery deadline 13 is granted. Discovery ordered closed by 6/29/2005. Jury Trial is set on the joint trial calendar on 1/9/2006 at 10:00 AM. Judicial staff mailed notice (mad, ) (Entered: 04/19/2005)
16 AGREED MOTION by Defendant U-Haul of Illinois, Inc. to extend deadlines(gma, ) (Entered: 06/22/2005)
17 NOTICE of Motion by U-Haul of Illinois, Inc. for presentment of AGREED MOTION by Defendant U-Haul of Illinois, Inc. to extend deadlines 16 before Honorable Charles P. Kocoras on 6/28/2005 at 09:30 AM. (gma, ) (Entered:

4 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

06/28/2005
08/10/2005 08/15/2005 08/15/2005 08/18/2005 08/22/2005 08/30/2005 09/30/2005 09/30/2005 10/03/2005 10/03/2005 10/06/2005

06/22/2005)
18 MINUTE entry before Judge Charles P. Kocoras : Defendant's agreed motion to extend deadlines 16 is granted. Discovery deadline is extended to 8/25/2005. Date of 8/1/05 by which to file motion for summary judgment is vacated and may be reset at the next status hearing. Status hearing is set for 8/25/2005 at 09:30 AM. The case remains set on the January 2006 Joint Trial Calendar. Judicial staff mailed notice (mad, ) (Entered: 06/28/2005)
19 MINUTE entry before Judge Joan H. Lefkow : Status hearing of 8/25/05 is reset to 8/30/05 at 9:30 a.m. Defendant's motion to dismiss 8 is denied for the reasons stated below. Judicial staff mailed notice (mjc, ) (Entered: 08/11/2005)
20 JOINT MOTION by parties for extension of time to complete discovery (las, ) . (Entered: 08/16/2005)
21 NOTICE of Motion by D. Scott Watson for presentment of parties joint motion for extension of time to complete discovery 20 before Honorable Joan H. Lefkow on 8/18/2005 at 09:30 AM. (las, ) (Entered: 08/16/2005)
22 MINUTE entry before Judge Charles P. Kocoras : Joint motion for extension of time to 8/26/05 to complete discovery 20 is granted. Discovery ordered closed by 8/26/2005. Telephoned notice (mad, ) (Entered: 08/18/2005)
23 ANSWER by defendant U-Haul International, Inc. to complaint and affirmative defenses; Notice. (mjc, ) (Entered: 08/24/2005)
24 MINUTE entry before Judge Charles P. Kocoras : Status hearing held and continued to 10/6/2005 at 09:30 AM. In court notice (mad, ) (Entered: 08/30/2005)
25 MOTION by Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. to withdraw appearances. (vcf, ) (Entered: 10/03/2005)
26 NOTICE of Motion by U-Haul International, Inc., U-Haul of Illinois, Inc. for presentment of motion to withdraw appearances25 before Honorable Joan H. Lefkow on 10/6/2005 at 09:30 AM. (vcf, ) (Entered: 10/03/2005)
27 MOTION by Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. for leave to substitute appearances (Cribaro-Mello, Camille) Modified on 10/4/2005 (ntf, ). (Entered: 10/03/2005)
28 NOTICE of Motion by Camille A. Cribaro-Mello for presentment of motion to substitute attorney27 before Honorable Joan H. Lefkow on 10/6/2005 at 09:30 AM. (Cribaro-Mello, Camille) (Entered: 10/03/2005)
30 MINUTE entry before Judge Joan H. Lefkow : Status hearing held and continued to 11/10/2005 at 09:30 a.m. Defendants' motion to withdraw appearances 25 is granted. D. Scott Watson, Gary R. Clark and Ellen M. Girard of Quarles and Brady are given leave to withdraw as counsel for defendants. Defendants' motion for leave to substitute appearances 27 is granted. Manuel Sanchez, John S. Huntley and Camille Cribaro-Mello of Sanchez, Daniels & Hoffman are given leave to substitute their appearances on behalf of defendants. Defendants' oral motion for parties to supplement Rule 26 disclosures by 10/20/05 is granted. Attorney Manuel Sanchez for U-Haul International, Inc. and U-Haul of Illinois,

5 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

10/10/2005 10/11/2005 10/13/2005 10/13/2005 10/14/2005 10/20/2005 10/20/2005 10/26/2005
10/26/2005
11/01/2005
12/06/2005
12/09/2005

Inc., John Scott Huntley for U-Haul International, Inc. and U-Haul of Illinois, Inc., Camille A. Cribaro-Mello for U-Haul International, Inc. and U-Haul of Illinois, Inc. added. Attorney D. Scott Watson; Gary R. Clark and Ellen Marie Girard terminated. Mailed notice (mjc, ) (Entered: 10/11/2005)
29 Subpoena for records by U-Haul International, Inc., U-Haul of Illinois, Inc. (Cribaro-Mello, Camille) (Entered: 10/10/2005)
31 ATTORNEY Appearance for Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. by Camille A. Cribaro-Mello Appearances by Manuel Sanchez and John S. Huntley (Cribaro-Mello, Camille) (Entered: 10/11/2005)
32 ATTORNEY Appearance for Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. by John Scott Huntley (Huntley, John) (Entered: 10/13/2005)
33 ATTORNEY Appearance for Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. by Camille A. Cribaro-Mello (Cribaro-Mello, Camille) (Entered: 10/13/2005)
34 ATTORNEY Appearance for Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. by Manuel Sanchez (Sanchez, Manuel) (Entered: 10/14/2005)
35 AMENDED by U-Haul International, Inc., U-Haul of Illinois, Inc. Defendant's Amended Rule 26(a)(1) Disclosures (Cribaro-Mello, Camille) (Entered: 10/20/2005)
36 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendant's Amended Rule 26(a)(1) Disclosures (Cribaro-Mello, Camille) (Entered: 10/20/2005)
37 MOTION by Plaintiff Equal Employment Opportunity Commission, Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. for extension of time Joint Motion to Extend Case Deadlines (Cribaro-Mello, Camille) (Entered: 10/26/2005)
38 Joint Motion to Extend Case Deadlines NOTICE of Motion by Camille A. Cribaro-Mello for presentment of motion for extension of time37 before Honorable Joan H. Lefkow on 11/1/2005 at 09:30 AM. (Cribaro-Mello, Camille) (Entered: 10/26/2005)
39 MINUTE entry before Judge Joan H. Lefkow : Motion hearing held. Joint motion to extend case deadlines 37] is denied. Pretrial Order due date is extended to 12/15/2005. Settlement Conference is set for 12/6/2005 at 02:00 PM. Mailed notice (mad, ) (Entered: 11/02/2005)
40 MINUTE entry before Judge Joan H. Lefkow : Settlement conference held on 12/6/2005. Date by which to file pretrial order is extended to 12/20/2005. Pretrial conference is set for 12/21/2005 at 03:30 PM. In court notice (mad, ) (Entered: 12/07/2005)
41 MINUTE entry before Judge Matthew F. Kennelly : This case has been placed on the joint trial call that will begin on 1/9/06. Cases on that call will proceed on a "trailing" calendar to be tried as reached. The judges contributing cases are Judges Bucklo, Coar, Gettleman, Kennelly, and Lefkow. Any case may be assigned to any of the contributing judges. By 12/7/04, a list of cases will be

6 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

12/20/2005 12/21/2005 12/22/2005 12/22/2005 12/22/2005
12/22/2005 12/22/2005 12/22/2005 12/27/2005
12/27/2005 12/28/2005 01/03/2006

available by link to the web pages of each of the judges participating. You can estimate the date on which your case will be called for trial by its location on the list, as ordinarily the cases will be called in the listed order, and no trial should last more than 5 days. As cases settle and trials are completed, the list will be updated. It will be necessary for all attorneys and parties to keep themselves and their witnesses ready for trial on no more than 48 hours notice. Mailed notice (or, ) (Entered: 12/09/2005)
42 PROPOSED Pretrial Order and Notice of Filing by Equal Employment Opportunity Commission (Szromba, Jeanne) (Entered: 12/20/2005)
43 MINUTE entry before Judge Joan H. Lefkow : Final pretrial conference held on 12/21/2005. (mad, ) (Entered: 12/21/2005)
44 MOTION by Plaintiff Equal Employment Opportunity Commission in limine to exclude evidence of absence of discrimination (Smason, Diane) Text modifed by Clerk's Office on 12/23/2005 (ntf, ). (Entered: 12/22/2005)
45 NOTICE by Equal Employment Opportunity Commission Notice of Filing Motion in Limine to Exclude Evidence of Absence of Discrimination (Smason, Diane) (Entered: 12/22/2005)
46 MOTION by Plaintiff Equal Employment Opportunity Commission in limine Motion in Limine to Exclude Evidence of Townes' Job Performance Unrelated to Employment Decisions at Issue (Smason, Diane) Text edited by Clerk's Office on 12/23/2005 (ntf, ). (Entered: 12/22/2005)
47 NOTICE by Equal Employment Opportunity Commission Notice of Filing Motion in Limine to Exclude Evidence of Townes' Job Performance (Smason, Diane) (Entered: 12/22/2005)
48 MOTION by Plaintiff Equal Employment Opportunity Commission in limine Motion in Limine to Exclude Testimony of EEOC Investigator (Smason, Diane) (Entered: 12/22/2005)
49 NOTICE by Equal Employment Opportunity Commission Notice of Filing Motion in Limine to Exclude Testimony of EEOC Investigator (Smason, Diane) (Entered: 12/22/2005)
50 MOTION by Defendants U-Haul International, Inc., U-Haul of Illinois, Inc. in limine Motion in Limine to Exclude Newspaper Articles, Motion in Limine to Exclude the Use of Deposition Testimony, Motion in Limine to Exclude Statements to the Media and Motion in Limine to Exclude Time-Barred Acts (Cribaro-Mello, Camille) (Entered: 12/27/2005)
51 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Motions in Limine (Cribaro-Mello, Camille) (Entered: 12/27/2005)
52 AMENDED proposed pretrial order42 by Equal Employment Opportunity Commission - adding Amended Special Verdict Form (Szromba, Jeanne) (Entered: 12/28/2005)
53 RESPONSE by Plaintiff Equal Employment Opportunity Commission to Defendants' Motion in Limine to Exclude Time-Barred Acts and Notice of Filing (Szromba, Jeanne) (Entered: 01/03/2006)

7 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006 01/03/2006
01/06/2006 01/06/2006

54 RESPONSE Plaintiff EEOC's Response to Defendants' Motion in Limine to Exclude the Use of Deposition Testimony and Notice of Filing (Smason, Diane) (Entered: 01/03/2006)
55 RESPONSE Plaintiff EEOC's Response to Defendants' Motion in Limine to Exclude Newspaper Articles and Notice of Filing (Smason, Diane) (Entered: 01/03/2006)
56 RESPONSE Plaintiff EEOC's Response to Defendants' Motion in Limine to Exclude Statements to the Media and Notice of Filing (Smason, Diane) (Entered: 01/03/2006)
57 RESPONSE Defendants Response to Plaintiff's Motion in Limine Regarding Evidence of Townes' Job Performance (Cribaro-Mello, Camille) (Entered: 01/03/2006)
58 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendants Response to Plaintiff's Motion in Limine Regarding Evidence of Townes' Job Performance (Cribaro-Mello, Camille) (Entered: 01/03/2006)
59 RESPONSE Defendants' Response to Plaintiff's Motion in Limine to Exclude Testimony of EEOC Investigator (Cribaro-Mello, Camille) (Entered: 01/03/2006)
60 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendants' Response to Plaintiff's Motion in Limine to Exclude Testimony of EEOC Investigator (Cribaro-Mello, Camille) (Entered: 01/03/2006)
61 RESPONSE Defendants' Response to Plalintiff's Motion in Limine to Exclude Evidence of Absence of Discrimination (Cribaro-Mello, Camille) (Entered: 01/03/2006)
62 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendants' Response to Plaintiff's Motion in Limine to Exclude Evidence of Absence of Discrimination (Cribaro-Mello, Camille) (Entered: 01/03/2006)
63 PROPOSED Jury Instructions by U-Haul International, Inc., U-Haul of Illinois, Inc. (Cribaro-Mello, Camille) (Entered: 01/03/2006)
64 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendants' Amended Pattern Instruction on Retaliation, Amended Special Verdict Form and Additional Pattern Cautionary Instruction on Reasonableness of Defendants' Action (Cribaro-Mello, Camille) (Entered: 01/03/2006)
65 MINUTE entry before Judge Joan H. Lefkow : Jury Trial reset to 1/10/2006 at 10:00 AM. Telephoned notice (mad, ) (Entered: 01/06/2006)
70 MINUTE entry before Judge Joan H. Lefkow : Plaintiff's first motion in lime 48 is denied without prejudice. Plaintiff's second motion in limine 46 is denied without prejudice. Plaintiff's third motion in limine 44 is granted as stated below. Defendants' first motion in limine 50 is granted as stated below. Defendants' second motion in limine 50 is granted without objection. Defendants' third motion in limine 50 is granted as stated below. Defendants' fourth motion in limine 50 is granted in part and denied in part. (mjc, ) (Entered: 01/09/2006)

8 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

01/09/2006 01/09/2006 01/09/2006 01/09/2006
01/09/2006 01/09/2006 01/10/2006 01/11/2006 01/12/2006 01/13/2006 01/13/2006
01/13/2006 01/13/2006 01/13/2006 01/17/2006

66 Plaintiff's Proposed Amended Jury Instruction on Retaliation, Notice of Filing and Certificate of Service by Equal Employment Opportunity Commission (Smason, Diane) (Entered: 01/09/2006)
67 Plaintiff's Proposed Second Amended Special Verdict Form, Notice of Filing and Certificate of Service by Equal Employment Opportunity Commission (Smason, Diane) (Entered: 01/09/2006)
68 Plaintiff's Amended List of Exhibits, Notice of Filing and Certificate of Service by Equal Employment Opportunity Commission (Smason, Diane) (Entered: 01/09/2006)
69 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Diane Ilene Smason Appearance of Jean Kamp (Attachments: # 1 Notice of Filing Notice of Filing and Certificate of Service)(Smason, Diane) (Entered: 01/09/2006)
71 Exhibit List Defendant's Revised Trial Exhibit List by U-Haul International, Inc., U-Haul of Illinois, Inc.. (Cribaro-Mello, Camille) (Entered: 01/09/2006)
72 NOTICE by U-Haul International, Inc., U-Haul of Illinois, Inc. Notice of Filing of Defendant's Revised Trial Exhibit List (Cribaro-Mello, Camille) (Entered: 01/09/2006)
73 MINUTE entry before Judge Joan H. Lefkow : Jury trial begins. Trial held and continued to 1/11/2006 at 10:00 AM. In court notice (mad, ) (Entered: 01/11/2006)
74 MINUTE entry before Judge Joan H. Lefkow : Jury trial held and continued to 1/12/2006 at 09:45 AM. In court notice (mad, ) (Entered: 01/11/2006)
75 MINUTE entry before Judge Joan H. Lefkow : Jury trial held and continued to 1/13/2006 at 09:30 AM. In court notice (mad, ) (Entered: 01/13/2006)
76 MOTION by Defendants for judgment as a matter of law. (lcw, ) (Entered: 01/18/2006)
77 MINUTE entry before Judge Joan H. Lefkow : Jury trial held. Defendants' motion for judgment as a matter of law 76 is denied without prejudice. Jury deliberation held. Jury trial ends. Jury returns a verdict that as to both defendants U-Haul International, Inc. and U-Haul of ILlinois, plaintiff has not proven that Gary Townes' complaints of race discrimination were a motivating factor for the decision to demote him and plaintiff has not proven that Gary Townes' complaints of race discrimination were a motivating factor for the decision to terminate his employment. Judgment entered in favor of defendants and against plaintiff. Civil case terminated. (mjc, ) (Entered: 01/19/2006)
79 Verdict Form as to defendat U-Haul of Illinois only. (mjc, ) (Entered: 01/19/2006)
80 JUROR Note.(mjc, ) (Entered: 01/19/2006)
81 JURY Instructions.(mjc, ) (Entered: 01/19/2006)
78 ENTERED JUDGMENT. (mjc, ) (Entered: 01/19/2006)

9 of 10

6/4/2007 11:52 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?120183297150288-L_35...

07/13/2006 08/08/2006

82 TRANSCRIPT of proceedings for the following dates: 1/13/06; Before the Honorable Joan H. Lefkow. (mjc, ) (Entered: 07/17/2006)
83 EXCERPT OF TRANSCRIPT of proceedings for the following dates: 1/10/06, 1/11/06, 1/11/06,1/12/06; Before the Honorable Joan H. Lefkow. (4 vols.) (83-1 thru 83-4) (mjc, ) (Entered: 08/09/2006)

PACER Service Center

Transaction Receipt

06/04/2007 11:55:01

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:04-cv-06162

Billable Pages: 6

Cost:

0.48

10 of 10

6/4/2007 11:52 AM