Case 3:04-cv-05608-RJB Document 1-1 Filed 09/21/2004 Page 1 of 5

1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY
2 TERI HEALY, TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104
4 TEL: (206) 220-6916 FAX: (206) 220-6911
5 teri.healy@eeoc.gov
6

7

8

UNITED STATES DISTRICT COURT

9

FOR THE WESTERN DISTRICT OF WASHINGTON

AT TACOMA

10

11 EQUAL EMPLOYMENT

)

CIVIL NO.

OPPORTUNITY COMMISSION,

)

12

Plaintiff, )

COMPLAINT

v.

)

13

)

JURY TRIAL DEMAND

ALLSTAR MAGNETICS, INC.

)

14

Defendant. )

)

15

NATURE OF THE ACTION

16

This is an action under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title I of

17

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of pregnancy and

18

to provide appropriate relief to Melisa Kadic and a group of similarly situated female employees

19

(“the class”) who were adversely affected by such practices. The Equal Employment Opportunity

20

Commission alleges that Allstar Magnetics, Inc. (“Defendant”) subjected Ms. Kadic and the class

21

to disparate treatment in the terms and conditions of employment on the basis of pregnancy. The

22

EEOC further alleges Defendant discharged Ms. Kadic and members of the class because of their

23

pregnancies. Plaintiff seeks injunctive and monetary relief, including pecuniary and nonpecuniary

24

compensatory damages and punitive damages, on behalf of Ms. Kadic and the class.

25

COMPLAINT - Page 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:04-cv-05608-RJB Document 1-1 Filed 09/21/2004 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337, 1343

3 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of Title VII

4 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1), (3), and (k) (“Title VII”),

5 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

6

2. The employment practices alleged to be unlawful were and are committed within the

7 jurisdiction of the United States District Court for the Western District of Washington.

8

PARTIES

9

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

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

11 enforcement of Title VII and is expressly authorized to bring this action by Sections 706(f)(1) and

12 (3) of Title VII, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

13

4. At all relevant times, Defendant has continuously been a corporation doing business

14 in the State of Washington and has continuously had at least 15 employees.

15

5. At all relevant times, Defendant has continuously been an employer engaged in an

16 industry affecting commerce within the meaning of Sections and Sections 701(b), (g) and (h) of Title

17 VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

18

6. Prior to institution of this lawsuit, the Commission’s representatives

19 attempted to eliminate the unlawful employment practices alleged below and to effect voluntary

20 compliance with Title VII through informal methods of conciliation, conference and persuasion

21 within the meaning of Section 706(b) of Title VII, 42 U.S.C. § 2000e-5(b).

22

STATEMENT OF CLAIMS

23

7. More than thirty days prior to the institution of this lawsuit, Melisa Kadic filed a

24 charge of discrimination with the Commission alleging violations of Title VII by Defendant. All

25 conditions precedent to the institution of this lawsuit have been fulfilled.

COMPLAINT - Page 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:04-cv-05608-RJB Document 1-1 Filed 09/21/2004 Page 3 of 5

1

8. Since at least November of 2002, Defendant has engaged in unlawful employment

2 practices at its facility in Vancouver, Washington in violation of Section 703(a) of Title VII, 42

3 U.S.C. § 2000e-2(a). Defendant affected the terms and conditions of Ms. Kadic’s and the class

4 members’ employment by subjecting them to disparate treatment in the accommodation of work

5 restrictions. Further, Defendant discharged Ms. Kadic and members of the class because of

6 pregnancy.

7

9. The effect of the practice(s) complained of in paragraph 8 above has been to deprive

8 Ms. Kadic and class members of equal employment opportunities and otherwise adversely affect

9 their status as employees because of their sex.

10

10. The unlawful employment practices complained of in paragraph 8 above were and

11 are intentional.

12

11. The unlawful employment practices complained of in paragraph 8 above were and

13 are done with malice or with reckless indifference to the federally protected rights of Ms. Kadic and

14 the other class members.

15

PRAYER FOR RELIEF

16

Wherefore, the Commission respectfully requests that this Court:

17

A. Grant a permanent injunction enjoining Defendant and its officers, agents, successors,

18 assigns, and all persons in active concert or participation with it, from engaging in any employment

19 practices that discriminate on the basis of sex.

20

B. Order Defendant to institute and carry out policies, practices and programs which

21 provide equal employment opportunities for women and which eradicate the effects of its past and

22 present unlawful employment practices.

23

C. Order Defendant to make whole Ms. Kadic and all other class members by providing

24 appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other

25 affirmative relief necessary to eradicate the effects of its unlawful employment practices.

COMPLAINT - Page 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:04-cv-05608-RJB Document 1-1 Filed 09/21/2004 Page 4 of 5

1

D. Order Defendant to make whole Ms. Kadic and all other class members by providing

2 compensation for past and future pecuniarylosses resulting from the unlawful employment practices

3 described in paragraphs 8-10 above, including without limitation past and future out-of-pocket

4 expenses, in amounts to be determined at trial.

5

E. Order Defendant to make whole Ms. Kadic and all other class members by providing

6 compensation for past and future non-pecuniary losses resulting from the unlawful practices

7 complained of in paragraphs 8-10 above, including without limitation emotional pain, suffering, loss

8 of enjoyment of life and humiliation in amounts to determined at trial.

9

F. Order Defendant to pay Ms. Kadic and all other class members punitive damages for

10 its malicious and/or reckless conduct described in paragraphs 8-10 above in an amount to be

11 determined at trial.

12

G. Grant such further relief as the Court deems necessary and proper in the public

13 interest.

14

H. Award the Commission its costs of this action.

15 //

16 //

17 //

18 //

19 //

20 //

21 //

22 //

23 //

24 //

25 //

COMPLAINT - Page 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:04-cv-05608-RJB Document 1-1 Filed 09/21/2004 Page 5 of 5

1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of fact raised by its complaint.

3

DATED this 21st day of September

, 2004.

4 A. LUIS LUCERO, JR.
5 Regional Attorney
6 KATHRYN OLSON Supervisory Trial Attorney
7 TERI HEALY
8 Trial Attorney
9 BY: s/Teri Healy
10 EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION Seattle District Office
12 909 First Avenue, Suite 400 Seattle, Washington 98104
13 Telephone (206) 220-6916 Facsimile (206) 220-6911
14 teri.healy@eeoc.gov
15

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

16

17

Attorneys for Plaintiff

18

19

20

21

22

23

24

25

COMPLAINT - Page 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 1 of 9

1

THE HONORABLE ROBERT J. BRYAN

2

3

4

UNITED STATES DISTRICT COURT

5

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

6

7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
8 Plaintiff,
9

10

v.

11 ALLSTAR MAGNETICS, INC.,

12

Defendant.

13

)

)

)

)

CASE NO. C-04-5608RJB

)

)

)

CONSENT DECREE AND

)

ORDER OF DISMISSAL

)

)

)

)

)

14

15

I. INTRODUCTION

16

1. This action originated with a discrimination charge filed by Melisa Kadic (“Ms. Kadic”

17 or “Charging Party”) with the U.S. Equal Employment Opportunity Commission ("EEOC" or “Plaintiff”).

18 The Charging Party alleged, inter alia, that Allstar Magnetics, Inc. (“Allstar”) discriminated against her

19 based on her sex (pregnancy) at its Vancouver, Washington facility in violation of § 703 of Title VII, 42

20 U.S.C. § 2000e-2(a), when Defendant terminated her from her shipping clerk position in December 2002.

21

2. The EEOC sent Defendant a Letter of Determination with a finding of reasonable cause

22 that it had violated Title VII dated May 12, 2004.

23

3. The EEOC filed this lawsuit on September 21, 2004 in the United States District Court

24 for the Western District of Washington at Tacoma on behalf of the Charging Party and a potential class

25 of similarly situated females (hereinafter, “the Class” or individually, “Class Member”), alleging that

26 Defendant had discriminated against Charging Party and a potential Class based on their pregnancy since

27 November 2002.

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 1

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 2 of 9

1

4. Allstar denied all of the foregoing allegations.

2

5. The parties want to conclude fully and finally all claims arising out of the EEOC’s

3 complaint, and the charge of discrimination filed with EEOC by Charging Party. They enter into this

4 Consent Decree to further the objectives of equal employment as set forth in Title VII.

5

6

II. NONADMISSION OF LIABILITY AND NONDETERMINATION

BY THE COURT

7

6. This Consent Decree is not an adjudication or finding on the merits of this case and shall

8

not be construed as an admission by Defendant of a violation of Title VII.

9

10 III. JURISDICTION AND VENUE
11 7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and
12 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the
13 Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII"), and Section 102
14 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The employment practice alleged to be unlawful in
15 the EEOC’s complaint filed herein occurred within the jurisdiction of the United States District Court
16 for the Western District of Washington.
17

18 IV. SETTLEMENT SCOPE
19 8. This Consent Decree is the final and complete resolution of all Title VII allegations of
20 unlawful employment practices contained in the complaint filed on behalf of Charging Party and the
21 potential Class, including all claims for attorney fees and costs. The scope of this Consent Decree will
22 be limited to Allstar’s Vancouver, Washington facility. The Consent Decree resolves all issues and claims
23 arising out of this complaint, and is binding and final as to all such issues and claims.
24

25 V. MONETARY RELIEF
26 9. In settlement of this lawsuit, Allstar agrees to provide a total of $25,000 to Charging Party
27

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 2

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 3 of 9

1 for non-economic, emotional upset damages or before April 30, 2005, with copies to the EEOC. No

2 monetary relief will be provided to any Class Member.

3

4

VI. AFFIRMATIVE AND OTHER RELIEF

5

A. General Provisions

6

10. Allstar its officers, agents, managers, assistant managers and other supervisors at its

7 Vancouver, Washington facility and all human resource professionals who provide advice and assistance

8 to the foregoing individuals will refrain from engaging in practices which constitute discrimination based

9 on an employee’s sex (pregnancy), and which constitute retaliation for an individual engaging in protected

10 EEO activity. In recognition of its obligations under Title VII, Allstar will institute the policies and

11 practices set forth below to the extent that such policies and practices have not heretofore been instituted.

12

B. Anti-Discrimination Polices and Procedures

13

11. Allstar will evaluate and, where appropriate, modify the practices of its managers and

14 supervisors in order to continue to prevent discrimination, and retaliation. Allstar will continue to

15 provide training to its managers and supervisors to understand its Equal Employment Opportunity

16 (“EEO”) policies and how those policies define and identify what constitutes discrimination and

17 retaliation, and will make managers and supervisors personally accountable by linking their performance

18 appraisals and compensation to the effective implementation of its EEO policies.

19

12. Within one-hundred-and-eighty (180) days of the date of the effective date of this Consent

20 Decree, Allstar will: (a) review its EEO policy and the method and/or administrative process in which

21 internal complaints are investigated, and revise it as necessary to ensure that it adequately prohibits

22 discrimination, and retaliation, addresses Allstar’s obligation to provide a work environment free of

23 discrimination, and retaliation for its employees, and reaffirms its commitment not to retaliate against any

24 employee for engaging in protected EEO activity, e.g., filing an internal discrimination complaint, and/or

25 filing a charge with the EEOC; and (b) distribute its EEO policy to all present and future employees, both

26 management and non-management at its Vancouver, Washington facility.

27

C. Training

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 3

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 4 of 9

1

13. Within one-hundred-and-eighty (180) days of the execution of this Consent Decree,

2 Allstar will develop and present to all managers, assistant managers, and supervisors at its Vancouver,

3 Washington facility, all managers with oversight responsibilities for its Vancouver, Washington facility,

4 and all human resource professionals who provide advice and assistance to the foregoing individuals, no

5 less than two (2) hours of face-to-face training by a qualified trainer on employment discrimination, and

6 retaliation for engaging in protected EEO activity. Allstar also agrees to provide at least one (1) hour

7 of training on employment discrimination and retaliation to the employees at its Vancouver, Washington

8 facility. The EEOC will have an opportunity to review the training materials prior to the training date.

9 By the end of the third year of this Consent Decree, Allstar will require: (1) all managers, assistant

10 managers and supervisors at its Vancouver, Washington facility, all managers with oversight

11 responsibilities for its Vancouver, Washington facility, and all human resource professionals who provide

12 assistance to the foregoing individuals to complete an additional two (2) hours of face-to-face training

13 by a qualified trainer on employment discrimination and retaliation; and (2) all employees at its

14 Vancouver, Washington facility to complete at least one (1) additional hour of training on employment

15 discrimination and retaliation.

16

D. Expungement of Records

17

14. Allstar will not disclose any information or make reference to any charge of discrimination

18 that is the subject of the lawsuit or this lawsuit in responding to employment reference requests for

19 information about Charging Party. Furthermore, Allstar will change Charging Party’s December 2002

20 termination to a voluntary resignation for purposes of employment reference requests.

21

15. Allstar will expunge from the personnel file of Charging Party, any reference to Charging

22 Party’s discrimination charge against Allstar and this lawsuit. If Charging Party wishes to do so, Allstar

23 will permit her to review her personnel file to ensure that all such references have been expunged. Allstar

24 will not add any information or references to the personnel file of Charging Party regarding this charge

25 of discrimination and this lawsuit after such references have been expunged.

26

E. Policies Designed to Promote Supervisor Accountability

27

16. Allstar will continue to advise all managers and supervisors of their duty to ensure

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 4

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 5 of 9

1 compliance with its EEO policies, and to report any incident or complaint of discrimination, or retaliation,

2 of which they become aware. If a manager or supervisor violates Allstar’s EEO policies, he/she may be

3 subject to discipline up to and including termination and compensation may be affected. Allstar. will also

4 remind all managers and supervisors that there will be no retaliation against any employee for reporting

5 or relaying any incident of discrimination or retaliation under Allstar’s EEO policy, or for participating

6 in or conducting an investigation of such an incident.

7

17. Allstar agrees that it shall include “commitment to equal employment opportunity” or

8 similar designation as a criterion for qualification for evaluation of supervisory positions.

9

F. Reporting

10

18. Allstar shall report in writing and in affidavit form to the EEOC beginning six (6) months

11 from the date of the entry of this decree, and thereafter annually at the end of year two and year three of

12 the decree the following information:

13

a. Certification of the completion of training and list of attendees set forth in Paragraph 13

14 above, and a list of all attendees including job titles.

15

b. Certification that its EEO policy has been sent to all current and newly hired employees

16 as described in Paragraph 12 above.

17

c. A list of any changes, modifications, revocations or revisions to its EEO policies and

18 procedures which concern or affect the subject of discrimination and retaliation.

19

d. A summary of all discrimination and retaliation complaints, if any, filed by employees

20 working at Allstar’s Vancouver, Washington facility which are reported to management and the

21 resolution of each complaint; and

22

e. A statement listing the other provisions of this Decree that Allstar is required to perform

23 and certifying that Allstar. has complied with the terms of the Decree.. If Allstar has not complied with

24 any term of the Decree, the statement will specify the areas of non-compliance, the reason for the

25 noncompliance, and the steps taken to bring Allstar into compliance.

26

27

G. Posting

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 5

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 6 of 9

1

19. Allstar will post a Notice, attached as Exhibit 1 to this Consent Decree. The Notice shall

2 be posted on a centrally located bulletin board at Allstar’s Vancouver, Washington facility for the

3 duration of the Consent Decree.

4

5

VI. ENFORCEMENT

6

20. If the EEOC determines that Allstar has not complied with the terms of this Decree, the

7 EEOC will provide written notification of the alleged breach to Allstar. The EEOC will not petition the

8 Court for enforcement of the decree for at least thirty (30) days after providing written notification of

9 the alleged breach. The 30-day period following the written notice shall be used by the parties for good

10 faith efforts to resolve the dispute, or for Allstar to cure the breach. In those cases where it would take

11 longer than thirty (30) days to cure the breach, Allstar may have such additional time as may be necessary

12 by agreement with the EEOC so long as Allstar takes all reasonable efforts to cure the breach within the

13 thirty (30) day period.

14

15

VIII. RETENTION OF JURISDICTION

16

21. The United States District Court for the Western District of Washington shall retain

17 jurisdiction over this matter for the duration of the decree.

18

19

IX. DURATION AND TERMINATION

20

22. This Decree shall be effect for three (3) years beginning the day the Court approves the

21 Consent Decree. If the EEOC petitions the Court for breach of the Decree, and the Court finds Allstar

22 to be in violation of the terms of the Decree, the Court may extend the duration of the Decree.

23

24

X. CONCLUSION

25

23. The parties are not bound by any provision of this decree until it is signed by authorized

26 representatives of each party and is entered by the Court.

27

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 6

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 7 of 9

1

Dated this 28th day of April, 2005.

2

3 A. LUIS LUCERO, JR. Regional Attorney
4 KATHRYN OLSON
5 Supervisory Trial Attorney

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel

6 DAMIEN A. LEE

GWENDOLYN YOUNG REAMS

Trial Attorney

Associate General Counsel

7

BY: s/ A. Luis Lucero, Jr.

8 EQUAL EMPLOYMENT

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

OPPORTUNITY COMMISSION

9 Seattle District Office

Office of the General Counsel

909 First Avenue, Suite 400

1801 "L" Street NW

10 Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6915

11 Facsimile: (206) 220-6911

Damien.Lee@eeoc.gov

12

Attorneys for Plaintiff EEOC

13

14 BY: s/ Gregory D. Ferguson
15 Gregory D. Ferguson Scott T. Deutsch
16 LAW OFFICES OF GREGORY D. FERGUSON, P.C. 1104 Main St., Suite 216
17 Vancouver, WA 98660 Telephone: (360) 906-1167
18 Facsimile: (360) 695-5800 Greg@greg-ferguson.com
19 Scott@greg-ferguson.com

20

Attorneys for Defendant

21

22

23

24

25

26

27

CONSENT DECREE - ALLSTAR MAGNETICS, INC. - 7

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 8 of 9
ORDER APPROVING CONSENT DECREE
The Court having considered the foregoing stipulated agreement of the parties, IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein.
DATED this 9th day of May, 2005.
A
Robert J. Bryan U.S. District Judge

Case 3:04-cv-05608-RJB Document 19 Filed 05/09/2005 Page 9 of 9
ALLSTAR MAGNETICS, INC. NOTICE TO ALL ALLSTAR MAGNETICS, INC.
EMPLOYEES
Federal law prohibits an employer from discriminating against any individual based on the individual’s sex or pregnancy with respect to hiring, promotion, demotion, terms and conditions of employment, and/or termination. Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with an Allstar Magnetics’ and/or a government agency’s investigation of a charge of discrimination, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law.
Any employee who is found to have retaliated against any other employee because such employee participated in this lawsuit will be subject to substantial discipline, up to and including immediate discharge.
Should you have any complaints of discrimination, you should contact your supervisor, or any upper level management individual.
Employees have the right to bring complaints of discrimination and/or retaliation to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061, 206/220-6883, 1-800-699-4000, or the Washington State Human Rights Commission at 711 S, Capitol Way, Suite 402, P.O. Box 42490, Olympia, WA, 98504-2490, 1-800-233-3247. Any Allstar Magnetics employee or applicant may also contact Allstar Magnetics’ Human Resources at (360) 693-0213.
This notice has been posted in mutual resolution of EEOC v. Allstar Magnetics, Inc., CV 04-5608RJB (W.D. Wa.).

 
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U.S. District Court WESTERN DISTRICT OF WASHINGTON (Tacoma)
CIVIL DOCKET FOR CASE #: 3:04-cv-05608-RJB

CLOSED

Equal Employment Opportunity Commission v. Allstar Magnetics Inc Assigned to: Hon. Robert J. Bryan Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/21/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Damien Anthony Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: damien.lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov TERMINATED: 11/24/2004

V. Defendant Allstar Magnetics Inc

represented by Gregory D Ferguson LAW OFFICES OF GREGORY D. FERGUSON 1104 MAIN ST STE 216 VANCOUVER, WA 98660-2955 360-906-1167 Email: greg@greg-ferguson.com

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?124615635017209-L_923_0-1

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Date Filed 09/21/2004
09/24/2004
09/24/2004 09/24/2004
10/20/2004 11/04/2004 11/04/2004 11/18/2004 11/24/2004

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Thomas Deutsch LAW OFFICES OF GREGORY D. FERGUSON 1104 MAIN ST STE 216 VANCOUVER, WA 98660-2955 360-906-1167 Email: scott@greg-ferguson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against defendant(s) Allstar Magnetics Inc (Summons(es) issued) (Receipt # No fee required) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(TW, ) (Entered: 09/24/2004)

2 MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/20/2004; by Judge Karen L Strombom. (TW, ) (Entered: 09/24/2004)

3 MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Karen L Strombom. (TW, ) (Entered: 09/24/2004)

4 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 12/20/2004. Please Note: Consents must not be electronically filed with the Court. (Attachments: # 1 Consent Form)(TW, ) (Entered: 09/24/2004)

5 SERVICE OF SUMMONS and Complaint executed upon defendant Allstar Magnetics Inc on 10/13/2004 (TW, ) (Entered: 10/25/2004)

6 ANSWER to Complaint and Affirmative Defenses by Allstar Magnetics Inc.(Ferguson, Gregory) (Entered: 11/04/2004)

7 NOTICE of Appearance by attorney Gregory D Ferguson on behalf of Defendant Allstar Magnetics Inc (Ferguson, Gregory) (Entered: 11/04/2004)

8 NOTICE of Unavailability of counsel Gregory D Ferguson for Defendant Allstar Magnetics Inc from 12/3/04 and 12/21/04 to 12/15/04 and 12/29/04 (Ferguson, Gregory) (Entered: 11/18/2004)

9 NOTICE by Plaintiff Equal Employment Opportunity Commission Substitution of Counsel (Lee, Damien) (Entered: 11/24/2004)

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12/03/2004 12/13/2004
01/06/2005
01/06/2005 01/07/2005 01/10/2005 01/14/2005 03/04/2005
03/04/2005 05/03/2005

10 Joint MOTION for Extension of Time by Plaintiff Equal Employment Opportunity Commission. Noting Date 12/3/2004. (Attachments: # 1 Declaration in Support of Jt. Motion# 2 Proposed Order)(Lee, Damien) (Entered: 12/03/2004)
11 MINUTE ORDER regarding parties 10 Joint MOTION for Extension of Time 10: The deadline for the FRCP 26(f) Conference is continued to January 6, 2005; Initial Disclosures Pursuant to FRCP 26(a)(1) are now due January 13, 2005; and, the Combined Joint Status Report and Discovery Plan deadline is continued to January 20, 2005. by Traci Whiteley, Deputy Clerk, on direction of Magistrate Judge Karen Strombom. (TW, ) (Entered: 12/13/2004)
12 MINUTE ORDER REASSIGNING CASE. This action has been reassigned to Judge Robert J. Bryan. All future documents filed in this case must bear the cause number C04-5608JB and bear the Judge's name in the upper right hand corner of the document. Please make the necessary corrections to your records reflecting this change. Judge Karen L Strombom no longer assigned to case. By Traci Whiteley, Deputy Clerk.(TW, ) (Entered: 01/06/2005)
JSR due 1/20/2005. (JL) (Entered: 01/06/2005)
13 MOTION for Extension of Time re: Initial Disclosures by Defendant Allstar Magnetics Inc. Noting Date 1/7/2005. (Attachments: # 1 Proposed Order # 2)(Ferguson, Gregory) (Entered: 01/07/2005)
14 ORDER granting 13 Joint Motion for Enlargement of Time Re: Initial Disclosures. The court hereby grants the requested extension and orders the parties to exchange initial disclosures on or before January 31, 2005.Signed by Judge Robert J. Bryan.(JL) (Entered: 01/10/2005)
15 JOINT STATUS REPORT /Discovery Plan filed by all parties. Est. Trial Days: Ten. (Lee, Damien) (Entered: 01/14/2005)
16 MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: 10 Days. Jury Trial set for 11/14/2005 09:30 AM in A Courtroom before Hon. Robert J. Bryan. Joinder of Parties due by 4/3/2005; Expert Witness Disclosure due by 5/18/2005; Discovery due by 7/17/2005; Motions due by 8/16/2005; 39.1 Settlement Report due by 10/22/2005; Motions in Limine due by 10/17/2005; Pretrial Order due by 10/28/2005; Pretrial Conference set for 11/4/2005 08:30 AM. Trial briefs to be submitted by 11/4/2005; Voir dire/jury instructions due by 11/4/2005; by direction of Judge Robert J. Bryan. (Attachments: # 1 Memo to Counsel re: Trial Schedule)(DK, ) Additional attachment(s) added on 3/4/2005 (DK, ). (Entered: 03/04/2005)
17 NOTICE of Corrected Image/Document re 16 Minute Order Setting Trial, Pretrial Dates and Ordering Mediation. (Service of corrected image is attached). (DK, ) (Entered: 03/04/2005)
18 STIPULATION AND PROPOSED ORDER Consent Decree by parties.

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(Attachments: # 1 Certificate of Service)(Lee, Damien) (Entered: 05/03/2005)
19 CONSENT DECREE AND ORDER OF DISMISSAL. The Court having considered the foregoing stipulated agreement of the parties, IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein.Signed by Judge Robert J. Bryan. (JL) (Entered: 05/10/2005)

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