IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

1:04CV00837
COMPLAINT

HOWELL’S CHILD CARE CENTER FOUNDATION~ INC. d/b/a HOWELL CENTER - GATEWOOD,
Defendant.

JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of religion, and to provide appropriate relief to Bettie Winchester who was adversely affected by such practices. Specifically, the Equal Employment Opportunity Commission (the "Commission") contends that Defendant Howell’s Child Care Center Foundation, Inc. d/b/a Howell Center - Gatewood ("Howell Center"), discriminated against Ms. Winchester when it refused to accommodate her religious beliefs and discharged her because of her religio~a, Christian (Baptist).
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(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) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of North Carolina.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Howell Center has been a North Carolina corporation doing business in the state of North Carolina and the City of Greensboro, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Howell Center 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Bettie Winchester filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Around October 8, 2003, Defendant engaged in unlawful employment practices at its Greensboro, North Carolina facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1), by failing to provide Ms. Winchester a reasonable accommodation of her religious beliefs and discharging her because of her religious beliefs and practices. Specifically, Ms. Winchester, who is a Christian (Baptist), holds a sincere religious belief that she should not

participate in any Halloween or Halloween-themed activities. On or about October 8, 2003, Ms. Winchester was instructed by her supervisor to assist in the preparation of decorations for a Halloween-themed bulletin board. Ms. Winchester immediately informed her supervisor of her sincere religious belief that she should not participate in Halloween-themed activities, and indicated that because of her religious belief she could not participate in the activity. Despite Ms. Winchester’s notification to Defendant that she required a reasonable religious accommodation, Defendant suspended Ms. Winchester on or about October 8, 2003, then discharged her a few days later because she refused to participate in the lqalloween-themed activity.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Bettie Winchester of equal employment opportunities and otherwise adversely affect her status as an employee because of her religion, Christian (Baptist).
The unlawful employment practices complained of in paragraph 7 above were intentional.
The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Bettie Winchester.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating against current or future employees based on their religious beliefs. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who require religious accommodation for

their sincerely held religious beliefs, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Bettie Winchester by providing appropriate back pay and benefits with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 7 above, including but not limited to reinstatement or front pay.
D. Order Defendant to make whole Bettie Winchester by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Bettie Winchester by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of civil rights, and humiliation in amounts to be determined at trial.
F. Order Defendant to pay Bettie Winchester punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. DATED this the I -%a~’nday of September 2004.

Respectfully submitted,
ERIC S. DREIBAND General Counsel
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
Acting Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608-2129 Telephone: 919.856.4080 Facsimile: 919.856.4156 ATTORNEYS FOR PLAINTIFF

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLIN
CIVIL ACTION NO.1 :04CV00837

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HOWELL'S CHILD CARE CENTER, )

INC. d/b/a HOWELL CENTER-

)

GATEWOOD,

)

)

Defendant.

)

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

AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of1991, to correct unlawful employment practices on the basis ofreligion, and to provide appropriate relief to Bettie Winchester ("Winchester"), who was adversely affected by such, practices. Specifically, the Equal Employment Opportunity Commission (the "Commission") contends that Defendant Howell's Child Care Center, Inc. d/b/a Howell Center - Gatewood, ("Howell Center"), discriminated against Ms. Winchester when it refused to accommodate Winchester's religious beliefs, and discharged her because of her religion, Christian.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VIlli), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.

Case 1:04-cv-00837-NCT Document 4 Filed 10/26/2004 Page 1 of 6

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of North Carolina.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Howell Center has been a North Carolina corporation doing business in the state of North Carolina and the City of Greensboro, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Howell Center 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Winchester filed a charge with the Commission alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 8, 2003, Defendant engaged in unlawful employment practices at its facility located in Greensboro, North Carolina, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a) including the following:
a. refusing to accommodate the religious belief and practice of Bettie Winchester, a practicing Christian. Specifically, Defendant refused to
2
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accommodate Ms. Winchester's sincerely held religious beliefs which forbade her from participation in any Halloween-related activities, including making black spiders for a Halloween-themed bulletin board, by providing or allowing an alternative which would have not required her to engage in Halloween-related activities; and b. discharging Bettie Winchester because of her religious beliefs. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Winchester of equal employment opportunities and otherwise adversely affect her status as an employee because ofher refusal to violate her religious beliefs. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained ofin paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Winchester.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating against current or future employees based on their religious beliefs and their refusal to violate their religious beliefs. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, including an effective policy prohibiting religious discrimination, all of which eradicate the effects of its past and present unlawful employment practices.
3
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C. Order Defendant to make whole Winchester by providing appropriate back pay and benefits with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 7 above, including but not limited to reinstatement or front pay.
D. Order Defendant to make whole Winchester by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Winchester by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Winchester punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this the J..~ay of October, 2004.
Respectfully submitted, ERIC S. DREIBAND General Counsel
4
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JAMES 1. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street, N.W. Washington, D.C. 20507 LYNETTE A. BARNES Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
~, ZOE MAHOOD Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608-2129 Telephone: 919.856.4080 Facsimile: 919.856.4156
ATTORNEYS FORPLAINTWF
5
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CERTIFICATE OF SERVICE The undersigned certifies that "Plaintiffs Amended Complaint" was served by regular
U.S. mail, postage prepaid, on the c;{~ of October, 2004 upon counsel of record:
John A. J. Ward, Esq. WARD & DAVIS, LLP 409 Pollock Street P.O. Drawer 1428 New Bern, N.C. 28563
~ G ~cf) ZOE G. MAHOOD Senior Trial Attorney
6
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 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:04CV00837

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HOWELL'S CHILD CARE CENTER, )

INC. d/b/a HOWELL CENTER-

)

GATEWOOD,

)

)

Defendant.

)

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

CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(I) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(I) and (3), ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
The Commission and the Defendant, Howells' Child Care Center, Inc. (the "Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The Defendant has denied any liability and has denied the Commission's allegations of any violation of federal or state laws.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay offurther litigation. By entering into this Decree, Defendant does not admit to any liability. This Consent Decree constitutes a Court

Case 1:04-cv-00837-NCT Document 10 Filed 04/25/2005 Page 1 of 6

approved settlement and is not a finding of any liability, fault, or responsibility for the allegations contained in the Commission's Complaint.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (I) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs I through 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. This Court Decree is a Court approved settlement between the parties with no findings, order or judgement offault or liability. 2. Defendant shall not discriminate against any employee on the basis of religion, or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964. 3. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under Title VII. 4. Defendant shall pay Bettie Winchester the sum of Fifteen Thousand Dollars ($15,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Bettie Winchester, and Defendant shall mail the check to Bettie Winchester at an address provided by the Commission. Payment shall be made within fifteen days after the Court approves this Consent Decree. Within ten days after the check has been sent to Ms. Winchester, Defendant shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal
2
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Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Ms. Winchester.
5. In the event a prospective employer of Bettie Winchester makes a reference request, Defendant shall respond by providing a neutral reference confirming Bettie Winchester's dates of employment, position title, and base salary.
6. Defendant agrees to eliminate from the employment records of Bettie Winchester any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 145-2004-00064 and the related events that occurred thereafter.
7. Within thirty (30) days of the entry of this Decree by the court, Defendant shall institute and implement an anti-discrimination policy, which includes a prohibition on religious discrimination. The policy shall also include Defendant's policy with respect to the accommodation of employees' religious beliefs. Defendant shall mail a copy of said policy to Lynette A. Barnes, Acting Regional Attorney, at the above address within forty-five (45) days of the entry of this Decree.
8. During the term of the Decree, Defendant agrees that it shall provide a training program to all of its employees, including management and supervisory employees, at the Howell Center facilities in North Carolina. The training program will include an explanation of the requirements of the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against religious discrimination in the workplace. Each training program will also cover Defendant's anti-discrimination policy, and an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) days after entry of the decree by the Court. Each
3
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subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, Defendant shall certifY to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
9. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part ofthis Decree, in a place where it is visible to employees at the Howell Center facilities in North Carolina. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
10. Defendant will provide the Commission with semi-annual reports during the term of this Decree. The reports shall include the following information: (1) the identities of all employees who request accommodation based on their religion at the Howell Center facilities in North Carolina including by way of identification each person's name, address, telephone number, social security number, and accommodation requested, and (2) the action taken in response to the employee's request for accommodation. Defendant shall submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree.
11. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant's facilities, interview employees and examine and copy documents.
12. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation
4
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to the Defendant. Defendant shall have ten (l0) days in which to investigate and respond to the allegations. Thereafter, the parties shall have a period of ten (l0) days, or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations, before the Commission exercises any remedy provided by law.
13. The term of this Decree shall be for three (3) years from its entry by the Court. 14. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 15. Each party shall bear its own costs and attorney's fees. 16. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

Date

udge, U.S. District Court

Middle District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

By: A. J. ARD
ARD & DAVIS, LLP 409 Pollock Street P.O. Drawer 1428 New Bern, N.C. 28563 Tel: (252) 633-1101

5

Case 1:04-cv-00837-NCT Document 10 Filed 04/25/2005 Page 5 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
(
By:
Acti g Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202

~ !

,e,,,''/

By:

C; L

ZOE O. MAHOOD

Senior Trial Attorney

1309 Annapolis Drive

Raleigh, N.C. 27608

Tel: (919) 856-4080

6 Case 1:04-cv-00837-NCT Document 10 Filed 04/25/2005 Page 6 of 6

 
 CM/ECF - ncmd - Docket Report

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18RA, CASREF, CLOSED
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:04-cv-00837-NCT

EEOC v. HOWELL'S CHILD CARE, et al Assigned to: JUDGE N. C. TILLEY, JR Demand: $0 Cause: 42:2000 Job Discrimination (Religion)
Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Date Filed: 09/15/2004 Date Terminated: 04/25/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED
GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
ZOE GABRIELE MAHOOD EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4080 Fax: 919-856-4156

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V.
Defendant
HOWELL'S CHILD CARE CENTER, INC. doing business as HOWELL CENTER-GATEWOOD

Email: zoe.mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN A. J. WARD WARD AND DAVIS, LLP POD 1428 NEW BERN, NC 28563-1428 252-633-1101 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/15/2004 09/15/2004 09/15/2004 10/05/2004 10/05/2004
10/26/2004
10/26/2004 11/04/2004
11/04/2004 11/04/2004 11/10/2004

#

Docket Text

**Case assigned to Magistrate Judge DIXON. AO Code 18RA (J. Lance) (Entered: 09/16/2004)
1 COMPLAINT; jury demand. (J. Lance) Modified on 09/24/2004 (Entered: 09/16/2004)
Notice of Right to Consent 28 USC 636(c)(2) (J. Lance) Modified on 09/21/2004 (Entered: 09/16/2004)
2 MOTION by HOWELL'S CHILD CARE to Dismiss (K. Welch) (Entered: 10/05/2004)
3 MEMORANDUM OF LAW with Exhibits by HOWELL'S CHILD CARE in support of [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 10/05/2004)
4 AMENDED COMPLAINT by EEOC amending [1-1] complaint to substitute Howell's Child Care Center, Inc. as the party defendant for Howell's Child Care Center Foundation, Inc.; jury demand (K. Welch) (Entered: 10/26/2004)
5 RESPONSE by EEOC to [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 10/26/2004)
6 REPLY MEMORANDUM by HOWELL'S CHILD CARE to response to [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 11/05/2004)
7 ANSWER by HOWELL'S CHILD CARE (Attorney JOHN A. J. WARD) to amended complaint; jury demand (K. Welch) (Entered: 11/05/2004)
CASE AT ISSUE (K. Welch) (Entered: 11/05/2004)
Motion submission: [2-1] motion to Dismiss submitted to Judge Tilley (S. Blumke) (Entered: 11/10/2004)

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11/22/2004 12/10/2004 04/15/2005 04/25/2005

8 AMENDED ANSWER to Amended Complaint by HOWELL'S CHILD CARE; jury demand (K. Welch) (Entered: 11/22/2004)
9 WAIVER OF SERVICE OF SUMMONS Returned Executed as to HOWELL'S CHILD CARE on 11/4/04 (K. Welch) (Entered: 12/13/2004)
CASE REFERRED to Judge Tilley re: Consent Decree (Blumke, Sheila) (Entered: 04/15/2005)
10 CONSENT DECREE signed by Judge N. C. TILLEY JR. on 4/25/05 as set forth; (Attachments: # 1 Exhibit A)(Welch, Kelly) (Entered: 04/26/2005)

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