UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
FARIBAULT FOODS, INC.,
Defendant.

Civil Action No.
COMPLAINT
Jury Trial Demanded Class Action (Non-Rule 23)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices in the nature of employment discrimination on the basis of national origin. Defendant Faribault Foods, Inc., ("Employer") discriminated against Francisco Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, and Alicia Moreno, and others similarly situated, by discriminating based upon national origin in hiring, promotion and job assignment, and. discipline/demotion and discharge, in its Faribault, Minnesota facility. It further asserts that Francisco Mendez was retaliated against for opposing matters made unlawful.
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(£)(1) and

SCANNED
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u.s. DISTRICT C

(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e, et seq. ("Title VII").
2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the District of Minnesota.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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), 42 U.S.c. 2000e-5(f)(1). 4. At all relevant times, Defendant Faribault Foods, Inc., (the "Employer"), has continuously been and is now a Minnesota corporation doing business in the State of Minnesota and the City of Faribault, Minnesota and has continuously had and does now have at least fifteen employees. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) ofTitle 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, Francisco Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriquez,
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Alba Teletor, and Alicia Moreno ("Charging Parties") filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. From at least 2001, Defendant Employer has engaged in and is continuing to engage in unlawful employment practices at its Faribault, Minnesota facility, in violation of Section 703 (a)(1) and 703(a)(2) ofTitle VII, 42 U.S.C. § 2000e-2(a)(1) and §2000e-2(a)(2), and Section 704 ofTitle VII, 42 U.S.C. §2000e-3.
8. During this time period, Defendant Employer engaged in discrimination based upon national origin against the following Charging Parties:
a) Francisco Mendez, Charge No. 265-2004-02073, by maintaining unequal terms and conditions of employment, and disparate treatment with regard to demotion, "Malos" testing, discipline and discharge, and by retaliating for opposing matters made unlawful under Title VII;
b) Walter Perez, Charge No. 265-2004-02098, by disparate treatment with regard to discipline and demotion;
c) Veronica Ortiz, Charge No. 265-2004-02252, by disparate treatment with regard to hiring;
d) Isabel Cabeza, Charge No. 265-2004-02257, by disparate treatment with regard to discipline;
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e) Moises Alvarez, Charge No. 265-2004-02311, by disparate treatment with regard to discipline and discharge;
f) Jose Rodriguez, Charge No. 265-2005-00019, by disparate treatment with regard to discipline;
g) Alba Teletor, Charge No. 265-2005-00016, by disparate treatment with regard to discipline and promotion; and
h) Alicia Moreno, Charge Nos. 265-2005-00542 and 265-2005-00891, by disparate treatment with regard to discipline and promotion. 9. During this time period, Defendant Employer engaged in disparate treatment of and in practices that had a disproportionate impact upon its Hispanic or Latino work force in hiring, promotion and job assignment, Malos testing, and discipline/demotion and discharge, in its Faribault, Minnesota, facility. 10. During this time period, Defendant Employer enforced English proficiency requirements for entry-level positions that did not require English proficiency, or where English proficiency was not justified as job-related and consistent with business necessity. 11. The effect of the practices complained of above has been to deprive Francisco Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, and Alicia Moreno, and others similarly situated, including
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other employees who are Hispanic or Latino, of equal employment opportunities and otherwise adversely affect their status as employees because of national origin.
12. The above-complained of unlawful acts were and are done with intent. JURY TRIAL REOUEST
The Commission requests a trial by jury on all issues of fact. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of national origin. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for its Hispanic employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Francisco Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, and Alicia Moreno, and others similarly situated, by providing compensation for past and future nonpecuniary losses resulting from its unlawful employment practices, including without limitation compensation for hislher emotional pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to be determined at trial. D. Grant such further relief as the Court deems necessary and proper.
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E. Award the Commission its costs in this action.

Dated: ~ I \iiI 01-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L Street, N.W. Washington, D.C. 20507
1trH~~~~lli(f1) jff
Regional Attorney

4~J Dated: ---J9i,-,----, .::........:.07_
Dated:

ANP.KAMP ssoclate RegIOnal Attorney
Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550
~AS~ Senior Trial Attorney

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•
Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061
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 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

FARIBAULT FOODS, INC.,

)

)

Defendant.

)

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

FRANCISCO MENDEZ, WALTER PEREZ, )

VERONICA ORTIZ, ISABEL CABEZA,

)

MOISES ALVAREZ, JOSE RODRIGUEZ,

)

ALBA TELETOR, and ALICIA MORENO,

)

individually, and a class of similarly situated )

persons,

)

)

Plaintiffs,

)

v.

)

)

FARIBAULT FOODS, INC.,

)

)

Defendant.

)

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

Civil No. 07-cv-3976 (RHKlAJB) Related
Civil No. 07-cv-3986 (RHKlAJB)

CONSENT DECREE

INTRODUCTION

Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission"

or "EEOC") has filed a complaint captioned EEOC v. Faribault Foods, Inc., alleging that

Defendant Faribault Foods, Inc. ("Faribault Foods") discriminated against Francisco

Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez,

Alba Teletor, and Alicia Moreno ("Charging Parties") because of their national origin,

Hispanic, in violation of Title VII of the Civil Rights Act of 1964. It also alleges that

Faribault Foods discriminated against a class of Hispanic employees at and applicants to

Faribault Foods' operations in Faribault, Minnesota in hiring, promotion, job assignment,

testing, discipline and discharge. It seeks relief for these Charging Parties and others similarly situated.
Charging Parties and Santos Augusto Arevalo, Joe Camarillo, Otto Campos, Armida Cerritos, Enrique Chavez, Rosa Lidia Clemente, Yolanda Correa, Diana Escamilla, Salvador Fraire, Lorenzo Garcia, Trinidad Gonzalez, Sergio Heredia, Jesse Hernandez, Liliana Limon, Javier Limon, Efrain Martinez, Valentin Ortiz, Jose Luis Ortiz, Martha Ramirez, Fernando Valdez, Julian Villareal, Juana Villareal Trevino, Catalina Del Valle, Jose Barragan, Abila Corleto, Leticia Duran, Silvia Echeverria, Adalberto Gonzalez, Obed Hernandez, Norma Ledesma, Oscar Mares, Immer Martinez, Maria Sandoval, Diana Valazquez, Mayra Rocha, Daniel Quinonez, and Ramon Mejia-Rivera, (hereinafter collectively "Class Representatives") individually and on behalf of similarly situated persons, filed a class action complaint, captioned Mendez, et a/. v. Faribault Foods, Inc., alleging violations of 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act. The complaint was filed by the Class Representatives on behalf of a putative class. The complaint alleged national origin and race discrimination against current and former Hispanic employees and Hispanic applicants with respect to hiring, promotion, compensation, and terms and conditions of employment at Faribault Foods' Faribault, Minnesota facilities.
The EEOC, the Class Representatives, and Faribault Foods engaged in a significant exchange of information, both during the investigation of the charges by the EEOC and during the process of negotiating this resolution. The parties have obtained sufficient information to assess reliably the relative merits of the claims and defenses.
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All parties to this settlement, including the Class Representatives and putative class

members, were represented by counsel knowledgeable in the subject matter area. All

parties have participated in the drafting of this Consent Decree.

The EEOC, Class Representatives, and Faribault Foods mutually agreed to submit

to mediation in an effort to resolve this matter. During the mediation, the parties consented

to an additional exchange of information, including an exchange of expert discovery.

Under the supervision of the Mediator, these negotiations have been conducted at arms-

length and without collusion. All parties were represented by counsel during these

proceedings. The mediation discussions culminated in this Decree.

THEREFORE, upon the consent of the parties, and upon review by the Court of

these terms, it is

ORDERED, ADJUDGED, and DECREED that the following terms are given

approval, subject to a notice to the claimants and a hearing upon the fairness of this

proposed Consent Decree as set forth herein:

I.

JURISDICTION, FINDINGS, AND DEFINITIONS

A. JURISDICTION

This Court has jurisdiction over the parties and the subject matter of this action.

B. FINDINGS

1. The purposes of Title VII, 42 U.S.C. § 1981, the Minnesota Human

Rights Act, and the public interest will be furthered by the entry of this Decree.

2. The terms of this Decree constitute a fair and equitable settlement of

this action.

3. This Consent Decree does not constitute an admission by Faribault

Foods that it violated any law, ordinance, or regulation or engaged in any improper or

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unlawful conduct. Neither does it constitute a concession by the EEOC and the Class Representatives on the merits of their claims. The terms of this Consent Decree were reached by a process of negotiation and compromise.
C. DEFINITIONS 1. "Faribault" means Faribault Foods' operations at its Faribault, MN
facilities. 2. "Charging Parties" are Francisco Mendez, Walter Perez, Veronica
Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, and Alicia Moreno. 3. "Class Representatives" are Francisco Mendez, Walter Perez,
Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, Alicia Moreno, Santos Augusto Arevalo, Joe Camarillo, Otto Campos, Armida Cerritos, Enrique Chavez, Rosa Lidia Clemente, Yolanda Correa, Diana Escamilla, Salvador Fraire, Lorenzo Garcia, Trinidad Gonzalez, Sergio Heredia, Jesse Hernandez, Liliana Limon, Javier Limon, Efrain Martinez, Valentin Ortiz, Jose Luis Ortiz, Martha Ramirez, Fernando Valdez, Julian Villareal, Juana Villareal Trevino, Catalina Del Valle, Jose Barragan, Abila Corleto, Leticia Duran, Silvia Echeverria, Adalberto Gonzalez, Obed Hernandez, Norma Ledesma, Oscar Mares, Immer Martinez, Maria Sandoval, Diana Valazquez, Mayra Rocha, Daniel Quinonez, and Ramon Mejia-Rivera.
4. "Class Members" will include all persons entitled to make claims for relief under this Consent Decree.
5. For purposes of the equitable and monetary relief provided in this
Decree, and pursuant to Fed. R. Civ. P. 23(b)(3), the "Settlement Class" is and consists of
all current and former Hispanic employees of Faribault Foods, Inc., who have worked at Faribault at any time on or after September 14, 2001, through the October 9, 2007, and all
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Hispanic applicants of Faribault who applied to work at Faribault at any time on or after September 14, 2001, through October 9,2007, except those Hispanic employees or applicants who timely request to opt out of the monetary relief provisions of this Decree.
6. "Class Counsel" is James H. Kaster, Nichols, Kaster & Anderson, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402-2242. II. SCOPE OF RESOLUTION AND RELEASE OF CLAIMS
A. SCOPE OF THE RESOLUTION OF THE EEOC'S CLAIMS 1. This Decree constitutes the full, final and complete resolution and
release of the EEOC's claims in its Complaint that Faribault Foods, at its Faribault, Minnesota facilities, violated Title VII by discriminating against the Charging Parties and similarly situated Hispanic employees and applicants because of their race and national origin.
2. By entering into this Decree the parties intend to resolve the claims asserted against Faribault Foods in the charges of Francisco Mendez, Walter Perez, Veronica Ortiz, Isabel Cabeza, Moises Alvarez, Jose Rodriguez, Alba Teletor, and Alicia Moreno, and those claims asserted in the EEOC's complaint that Faribault Foods discriminated against these Charging Parties and a class of similarly situated Hispanic employees and applicants at Faribault because of their race and national origin in violation of Title VII.
B. RELEASE OF CLAIMS BY THE SETTLEMENT CLASS Upon Final Approval of the Decree, Faribault Foods will be released and discharged by the Settlement Class from all claims of race and/or national origin discrimination arising under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act, prior to the date of this Consent Decree.
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Notwithstanding the foregoing, for purposes of the remaining provisions of this Decree, Settlement Class members who have filed timely requests to opt-out of the monetary relief provisions of the Decree will not be held to release any claims for individual relief.
C. RELEASES OF CLAIMS BY CLASS REPRESENTATIVES Upon Final Approval of the Decree, the Class Representatives will execute releases separately negotiated by counsel for the Class Representatives and Faribault Foods. Execution of these releases will be a condition precedent of the Class Representatives receiving relief under this Decree. III. TERM A. The Term of this decree will be two (2) years from the Effective Date hereof. The Effective Date hereof will be the date upon which the District Court enters a final order approving this Consent Decree. B. If this Consent Decree is not approved by the Court or the settlement set forth in this Consent Decree is terminated or fails to become effective in accordance with its terms (or, if following approval by this Court, such approval is reversed or modified), the parties shall be restored to their respective positions in this action as of the date hereof, the terms and provisions of this Consent Decree shall have no further force and effect with respect to the parties and shall not be used in this action or in any proceeding for any purpose; and any Judgment entered by the Court in accordance with the terms of this Consent Decree shall be treated as vacated. IV. ADHERENCE TO TITLE VII Faribault will not discriminate on the basis of national origin in violation of Title VII or on the basis of race in violation of 42 U.S.C. § 1981 in hiring, assignment, promotion,
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testing, discipline, discharge or termination, and will not retaliate against persons who oppose matters made unlawful under Title VII or 42 U.S.C. § 1981. V. ADHERENCE TO THE UNIFORM GUIDELINES ON EMPLOYEE SELECTION
PROCEDURES Faribault will adhere to the Uniform Guidelines on Employee Selection Procedures ("UGESP"), 29 C.F.R. §1607.1, et seq. To the extent that Faribault requires English proficiency for positions at Faribault, it will evaluate this requirement under UGESP. VI. TRAINING AND WORKPLACE COMMUNICATIONS A. Faribault will retain an outside trainer to conduct a three-hour diversity training program for managers, which will include instruction regarding cultural sensitivity and the laws against national origin discrimination and retaliation. The training will be on an annual basis during the term of this Decree. An agenda for the training and identification of the outside trainer will be provided to counsel for the EEOC at least one month before the training, and the EEOC counsel can object to either the agenda or the speaker no later than two weeks prior to the training. Faribault will promptly respond to the EEOC's objections. B. Faribault will conduct employee orientation in Spanish for employees who wish to receive orientation in Spanish. Faribault will conduct annual safety and workplace policy training in English and Spanish. The Notice setting forth the date and time of the annual training will be made in English and Spanish. C. Faribault will provide a Spanish-language interpreter for reviews and disciplinary actions, if requested by an employee involved in the review or disciplinary action. Any person functioning in the interpreter role will be provided with a Code Of Professional Responsibility For Interpreters In The Minnesota State Court System (available online at
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http://www.courts.state.mn.us/documents/O/Public/lnterpreter_Program/Code_oCProfessio nal_Responsibility.doc) and will verify in writing that he/she (1) has read the Code, (2) will render a complete and accurate interpretation, without altering, omitting, or adding anything to the meaning of what is stated or written to the best of his/her ability, and (3) will protect the confidentiality of all privileged and other confidential information acquired through the interpretation service. VII. POSTING AND POLICIES
A. Faribault will continue to post and cause to remain posted the posters
required to be displayed in the workplace by EEOC regulation 29 C.F.R. §1601.30. B. Faribault will post safety procedures in English and Spanish. C. Faribault will post job openings in English and Spanish. Within 180 days
from the date of this Consent Decree, all job postingswill include information regarding English proficiency requirements.
D. Within 180 days from the date of this Consent Decree, Faribault will translate
its orientation materials into Spanish. Faribault will continue to offer its employee handbook in Spanish. It will translate into Spanish all written policies, the violation of which could result in discipline (e.g., attendance policies, safety policies, etc.), that are not currently contained in its employee handbook. VIII. DIVERSITY COMMITTEE
A. Faribault will establish a Diversity Committee of up to 10 people who will
serve one-year terms. Faribault will promote the Diversity Committee to its workforce in English and Spanish. Nothing herein will bar Faribault from promoting the Diversity Committee in additional languages.
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B. Employees may apply for positions on the Diversity Committee. If more than ten people apply, then members will be chosen randomly, giving preference to non-office workers.
C. The purpose of the Diversity Committee will be to promote and provide feedback regarding diversity efforts of Faribault. The Diversity Committee will meet on a quarterly basis and will report in writing to management on its meetings. The Committee is not intended or authorized to negotiate the terms and conditions of employment or to resolve individual grievances or complaints. IX. JOB DESCRIPTIONS AND ADVERTISEMENTS
A. Faribault will review job descriptions and, to the extent not already done, specify English proficiency requirements for each position.
B. Faribault will advertise open positions in a publication targeted at ethnically diverse communities.
X. TUITION REIMBURSEMENT
A. Faribault will reimburse employees who wish to improve their English language skills for the cost of English language courses that are successfully completed, pursuant to its tuition reimbursement policy.
B. Faribault will reimburse employees who wish to improve their Spanish language skills for the cost of Spanish language courses that are successfully completed, pursuant to its tuition reimbursement policy.
C. Faribault will promote its tuition reimbursement policy in English and Spanish to remind employees about the policy and explain the policy.
D. Successful completion of relevant language classes will be considered as a positive achievement in an employee's annual evaluation.
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XI. STATEMENT TO EMPLOYEES Faribault Foods' President will publish a statement to Faribault's employees
affirming Faribault's commitment to treating all employees with respect and dignity, regardless of race or national origin. XII. TEMPORARY TO REGULAR EMPLOYEES
A. In the event that Faribault hires temporary employees, it will identify those employees who are holding "temporary to regular" positions and those who are hired for "temporary" positions.
B. Upon completion by "temporary to regular" employees of a temporary period of not more than ninety days, Faribault will provide a written evaluation and determine whether the employee's employment with Faribault will continue as regular employment at will, or, in the alternative, be terminated. Upon request, Faribault will translate the performance evaluation into Spanish.
C. No "temporary to regular" employee at Faribault will be denied regular employment status after the temporary period because of lack of English proficiency unless English proficiency is an appropriate requirement for the position in accordance with UGESP. Faribault will notify the EEOC within ten working days if a "temporary to regular" Faribault employee's employment is terminated because of lack of English proficiency.
D. At least annually, Faribault will supply the Diversity Committee with a statement of the national origin and race of all "temporary to regular" employees hired for non-office positions within the preceding year who were not transferred to regular employment status following the temporary employment period of no longer than 90 days.
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E. Nothing in this Consent Decree is intended to alter any employee's status as an "at will" employee. XIII. TRANSLATION OF DOCUMENTS
All written communications with the Class Members pursuant to the terms of this Decree, including all notices issued pursuant to this Decree, will be in English and Spanish. Faribault Foods will pay the cost of the translation services. XIV. MONETARY REMEDY
A. Faribault Foods will make monetary payments in resolution of this matter, as described in the remainder of this Section XIV.
B. Faribault Foods will make a monetary payment of $465,000 ($900,000, less fees and costs for Class Counsel) to be allocated to the Claims of the Class Representatives. Prior to the hearing of the Final Approval of this Decree, the EEOC and undersigned Class Counsel will jointly submit proposed distributions to these persons to a third-party neutral decision-maker, who will have the authority to revise the distributions. Costs associated with the third-party neutral decision-maker shall be borne by the Class Representatives. Fifty percent of these amounts will be paid subject to tax with holdings based on the Employee's claimed exemptions on file. Faribault Foods shall issue a form 1099 to each Class Representative for the remaining Fifty percent of these payments.
C. Faribault Foods will pay each Class Member, other than the Class Representatives, who has worked at Faribault, on Faribault Foods' payroll, at any time on or after September 14, 2001 through October 9, 2007 (the "Employee Class"), who timely files a Claim Form as described in Section XV, an amount based on the Employee Class Member's term of service with Faribault Foods between September 14,2001 and October 9,2007 as follows:
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Employee Class Member's Term of Service on Faribault's Payroll Between September 14,2001 and October 9, 2007 Less than 60 Days At Least 60 Days, but Less Than One Year At Least One but Less than Two Years At Least Two but Less than Three Years Three or More Years

Payment to Employee Class Member
$500.00 $1,500.00 $2,000.00 $2,500.00 $3,500.00

Fifty percent of these amounts will be paid subject to tax with holdings based on the Employee's claimed exemptions on file. Faribault Foods shall issue a form 1099 to each Employee Class member for the remaining Fifty percent of these payments.
D. Faribault Foods will pay each Applicant Class Member, other than the Class Representatives, who files a timely and complete Applicant Class Member Claim Form, as described in paragraph XV, the sum of $100.00. "Applicant Class Members" are all individuals who (1) applied to work at or worked through a temporary agency at Faribault between September 14, 2001 and October 9, 2007, (2) do not appear on Faribault's payroll between September 14, 2001 and October 9,2007, and (3) are not Class Representatives. A form 1099 shall be issued to each member of the Applicant Class who files a valid Claim Form as described in Section XV.
E. Faribault Foods will make a monetary payment (the "Attorneys' Fees Payment") of $435,000 to pay the fees and costs of Class Counsel. Class Counsel in this matter is the following:
James H. Kaster Nichols Kaster & Anderson, PLLP
4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2242 A form 1099 shall be issued to Nichols Kaster & Anderson for this amount. In recognition of this payment, a form 1099 shall also be issued to each member of the Settlement Class
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for a pro rata share of the Attorneys' Fees Payment based on the individual's fraction of the total payment to all of the Settlement Class Members.
XV. CLAIM PROCEDURE
A. Within 30 calendar days after the Court's preliminary approval of this Decree, Faribault Foods will transmit to Class Counsel a computer disk containing information in Excel format from its payroll database including the full name, social security number, last known phone number and last known address for each Class Member appearing in Faribault's payroll database.
B. Within 10 calendar days of the receipt of the employee data, Class Counsel will mail to all known Class Members at their last known address via first class postage, (1) a Notice of Settlement; and (2) an Employee Claim Form or an Applicant Claim Form, depending upon whether the Class Member is an Employee Class Member or an Applicant Class Member (collectively "original Notice of Settlement and Claim Form"). For all returned mail, Class Counsel will conduct a search for the most recent address. If the search yields a new address, Class Counsel will also mail the Notice of Settlement and Claim Form to the most recent address. Class Counsel will not be required to continue to mail the Notice of Settlement and Claim Form for returned mail after 80 days of the postmarked date of the original Notice of Settlement and Claim Form. In addition, Class Counsel will send a release form to the Class Representatives in a form consistent with Section II.C above.
1. The Notice to be sent will be in the form of Exhibit B, and approved (or modified) by the Court. It is intended to include:
(a) a description of the claims;
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(b) the terms of the settlement, including factors that will be considered in distributing the funds;
(c) a statement that the Court will hold a hearing at which time the Court will consider the fairness, adequacy, and reasonableness of the proposed settlement;
(d) a statement that, before the Fairness Hearing, Class Members will be notified of their final distribution, which will be filed with the Court;
(e) instructions regarding opting out; and (f) a Claim Form and instructions. 2. The Employee Class Member Claim Form will be in the form of Exhibit C. The Applicant Class Member Claim Form will be in the form of Exhibit D.
c. Within 30 calendar days after the Court's preliminary approval of this Decree,
Class Counsel will cause to be published, in a periodical designated by EEOC and the Class Representatives as likely to be read by members of the Settlement Class, a notice ("Published Notice") in the form of Exhibit A, inviting individuals who may be members of the Applicant Class to contact Class Counsel for additional information. If any individual responds to the Published Notice, Class Counsel will, within ten days of receipt of the inquiry, mail to such individual an original Notice of Settlement and Claim Form, as described in Section XV.B., above. Class Counsel will provide the EEOC and counsel for Faribault Foods with copies of the Applicant Claims Forms received by Class Counsel. If Counsel for Faribault Foods or the EEOC believe that a particular individual is not a member of the Settlement Class, Counsel for Faribault Foods or the EEOC must notify Class Counsel of this belief within 10 business days of receiving the Claims Forms from Class Counsel. At that time, Class Counsel, the EEOC and counsel for Faribault Foods
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will consult in a good-faith effort to determine whether such individual is a member of the Settlement Class. If Class Counsel, the EEOC, and counsel for Faribault Foods cannot agree as to whether an individual is a member of the Settlement Class, the dispute will be submitted to the Court. Unless Class Counsel and counsel for Faribault Foods mutually determine otherwise, any person who receives notice solely pursuant to this subsection will be treated for all purposes under this Consent Decree as a member of the Applicant Class, and will be eligible to receive a monetary payment pursuant to Section XIV.D.
D. Claim Forms will be returnable to Class Counsel. Claim Forms must be actually received by Class Counsel within ninety (90) days of the postmarked date of the original Notice of Settlement and Claim Form. Class Counsel will include the specific date in the Notice of the proposed decree by which the executed Claim Form must be received by the Class Counsel. Any Claim Form received after that date will not be considered timely. Failure to submit a timely Claim Form will disqualify the Class Member from the receipt of any relief under Section XIV of this Decree. Claim Forms must be mailed to:
Nichols Kaster & Anderson, PLLP Attn: James H. Kaster 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402
Class Counsel shall make Claim Forms available to Faribault Foods for review upon request.
E. If any Class Representative opts out of this settlement, he or she will not be entitled to recover an award pursuant to Section XIV.B., and this Decree shall be voidable at the sole option of Faribault Foods.
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XVI. HEARING ON CONSENT DECREE
A. The Court will conduct a hearing on the fairness of this Decree on March 20,
2008, at 8:00 a.m.
B. Thirty (30) days before the hearing, the EEOC and Class Counsel will submit to the Court a list of all proposed claimants and proposed monetary distribution for its
review and approval as part of the hearing on the fairness of this Decree. Class Counsel
will also notify each claimant of the amount of their proposed distribution and the right to
file objections to the proposed Consent Decree. C. If any person wishes to object to the entry of this Decree, the objector must
file with the Court a detailed written statement of the objection. The objections may be in
Spanish or in English. The objector must file the original objection with the Court and send copies to each of the representatives of the parties listed below, postmarked within twenty-
one (21) days after mailing of the notice of the amount of the proposed distribution and the right to file objections:
Holly M. Robbins Faegre & Benson, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Nichols Kaster & Anderson, PLLP Attn: James H. Kaster
4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402
Laurie A. Vasichek Equal Employment Opportunity Commission
330 Second Avenue South, Suite 430 Minneapolis, MN 55401
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D. The undersigned parties will have the right to respond to any objections. The parties' responses may be filed with the Court no later than seven (7) days before the hearing.
E. If the Court disapproves any major substantive provision of this Decree, or of the amount of the distributions to the claimants, the parties will not be bound by this proposed Consent Decree in any way and will be free to litigate the issues raised in the Commission's or the Class Representatives' Complaint or to renegotiate any other settlement agreement.
F. If the Court approves this Decree, Class Counsel will mail a Release to the Class Representatives in the form provided for in Section II.C. within seven (7) business days. The Class Representatives will have thirty (30) calendar days to review, execute the Release, and mail it back to the Class Counsel. If any Class Representative fails to sign the Release, he or she will not be entitled to recover an award pursuant to Section XIV, and the Consent Decree will be voidable at the sole option of Faribault Foods.
G. Upon expiration of the time for submission of Release forms, Class Counsel will notify Faribault of the distribution of the Consent Decree proceeds. Faribault will, within twenty-one (21) business days, mail the checks for each identified Class Member in the amount of the proposed distribution, less applicable withholdings, to Class Counsel. Class Counsel will, within twenty-one (21) business days, mail checks to each Class Member. At the same time that Faribault mails the checks for each identified Class Member, Faribault will also mail a check to Class Counsel representing its allocated portion of the settlement proceeds.
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XVII. PRE-MEDIATION AND MEDIATION AGREEMENTS; CONFLICTS A. During the course of this litigation and settlement negotiation, Class Counsel
and Faribault Foods' counsel entered into a Pre-Mediation Confidentiality Agreement. Further, Class Counsel, the EEOC and Faribault Foods' counsel entered into an Expert Information Exchange Agreement. The parties agree that these agreements shall remain in effect and are enforceable by this Consent Decree. Documents will be returned to the parties as required by these agreements.
B. Class Counsel agree that during the term of this Consent Decree they will not represent any Class Member who is allowed to opt out of the provisions of this Consent Decree in any litigation against Faribault Foods that arises out of, or is related to, Class Claims asserted in this case prior to the expiration of this Consent Decree, because such representation would create a conflict of interest. XVIII. REPORTING
A. Faribault will submit to the EEOC on a semi-annual basis a certification of compliance with this Decree. The EEOC may review compliance of the Decree during the term of this Decree upon written notice to Faribault Foods' attorney of record at least ten (10) business days in advance of any inspection of Faribault's documents or premises. Upon such notice, Faribault will allow representatives of the Commission to review Faribault's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises.
B. Semi-annually during the term of this Decree, Faribault will notify the EEOC of any complaints of national origin discrimination or retaliation, the name and address of
18

the person making the complaint, and the disposition of the complaint. Faribault will submit to the EEOC any documents that the EEOC requests relating to the complaint.
XIX. THE WORK CONNECTION
The EEOC and Class Representatives Alicia Moreno, Jose Barragan, Joe Camarillo, Enrique Chavez, Diana Escamilla, Jesse Hernandez, Liliana Limon, Veronica Venegas Ortiz, Abila Corleto, Leticia Duran, Silvia Echeverria, Lorenzo Garcia, Oscar Mares, Maria Sandoval, Diana Velasquez, Mayra Rocha, and Daniel Quinonez (hereinafter "TWC Class Representatives") have also filed class action lawsuits against The Work Connection, entitled EEOC v. The Work Connection, Case Number 07-cv-3977 and Moreno, et al. v. The Work Connection, Case Number 07-cv-3985 (hereinafter "the "TWC Lawsuits"). The Work Connection, the EEOC, and the TWC Class Representatives have agreed to enter into a Consent Decree to resolve the TWC Lawsuits. If the TWC Lawsuits Consent Decree in the TWC Lawsuits is not entered by the Court, then this Consent Decree is voidable by Faribault Foods.
XX. STATEMENT REGARDING MEDIATION Pursuant to Minn. Stat. § 572.35, the parties acknowledge that they were, and
hereby are again, advised in writing (1) that the mediator has no duty to protect their interests or to provide them with information about their legal rights; (2) that signing a mediated settlement agreement may adversely affect their legal rights; and (3) that they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights.

DATE: _1_0/_1_8/_2_0_07_________

s/Richard H. Kyle
Richard H. Kyle United States District Court Judge
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BY CONSENT: DATE: 10/12/07
DATE: 10/15/2007

FOR FARIBAULT FOODS, INC:
s/Holly M. Robbins Holly M. Robbins (#260381) David J. Goldstein (#175572) Daniel N. Lovejoy (#032646X) Faegre & Benson, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 (612) 766-8921 HRobbins@faegre.com
FOR CLASS REPRESENTATIVES:
slJames H. Kaster James H. Kaster(#53946) Sofia B. Andersson-Stern (#350709) Nichols Kaster & Anderson, PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2242 (612) 256-3202 kaster@nka.com

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DATE: 10/15/07

FOR PLAINTIFF EEOC:
Ronald S. Cooper 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 (202) 663-4702
John C. Hendrickson Regional Attorney
Jean P. Kamp Associate Regional Attorney
Chicago District Office 500 W. Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8551
slLaurie A. Vasichek Laurie A. Vasichek (0171438)
Senior Trial Attorney Equal Employment Opportunity Commission 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061 laurie.vasichek@eeoc.gov

21

NOTICE TO: ALL PERSONS OF HISPANIC ORIGIN WHO APPLIED TO WORK OR WORKED THROUGH A TEMPORARY AGENCY IN A POSITION AT FARIBAULT FOODS' FARIBAULT, MINNESOTA FACILITIES BETWEEN SEPTEMBER 14, 2001 AND OCTOBER 9, 2007. If you meet the description above, you may be affected by a proposed settlement of a class action lawsuit. The lawsuit alleges that Faribault Foods discriminated against a class of current and former Hispanic employees and applicants at Faribault Foods' Faribault, Minnesota facility on the basis of national origin and race. Faribault Foods denies that it discriminated unlawfully or did anything wrong. You may be eligible for a payment from the settlement, and your legal rights may be affected. For more information, please contact 612-256-3210 or 877- 249-0013, or visit www.nka.com/ff.
EXHIBIT

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Equal Employment Opportunity Commission, Plaintiff, v. Faribault Foods, Inc., Defendant.
and
Francisco Mendez, et aI., individually, and a class of similarly situated persons, Plaintiffs, v. Faribault Foods, Inc., Defendant.

Civil No. 07-cv-3976 (RHKlAJB) Civil No. 07-cv-3986 (RHK IAJB)

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION.

If you are Hispanic and worked or applied to work in a position at Faribault Foods' Faribault, -MiIh'1esota facilities at any time from September 14, 2001 through October 9, 2007, you may be eligible for a payment from a class action settlement.
• The settlement will provide money to pay claims to Hispanic employees or applicants for employment at Faribault Foods' Faribault, Minnesota facilities and to pay attorneys' fees, expert fees, and other costs associated with this case.
• To qualify, you must: o Be Hispanic; and o Have worked or applied to work in a position at Faribault Foods' Faribault, Minnesota facilities at any time from September 14, 2001 through October 9, 2007.
• Your legal rights are affected, whether you act or don't act. Read this notice carefully.

be a part of any claims in this case.

Ask to speak in Court about the fairness of the settlement. Get no payment. Give up your rights.

• These rights and options-and the deadlines to exercise them-are explained in this notice.

• The Court in charge of this case still has to decide whether to approve the settlement.

Payments will be made if the Court approves the settlement and after appeals are

resolved. Please be patient.

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EXHIBIT

BACKGROUND INFORMATION

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You have been identified as a Hispanic individual who has worked or applied to work in a position

at a Faribault Foods' Faribault, Minnesota facility between September 14, 2001 and October 9,

2007.

You have been sent this notice because you have a right to know about a proposed settlement of two class action lawsuits, and about your options, before the Court decides whether to approve the settlement. If the Court approves this settlement and after any objections and appeals are resolved, payments will be made as approved by the Court. You will be informed of the progress of the settlement.

This notice explains the lawsuits, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

Two lawsuits have been brought against Faribault Foods, Inc. The Equal Employment Opportunity Commission ("EEOC") brought one of the lawsuits. The EEOC's lawsuit is called EEOC v. Faribault Foods, Inc., Case No. 07-cv-3976. The EEOC is the United States government agency that is responsible for enforcing the federal laws that make it illegal to discriminate on the basis of race and national origin.

Forty-five current and former Faribault Foods employees and applicants brought the second lawsuit. This case is known as Mendez et al. v. Faribault Foods, Inc., Case No. 07-cv-3986.

In these cases, the EEOC and the people who sued are called "Plaintiffs." The company the Plaintiffs sued, Faribault Foods, Inc., is called the Defendant. The EEOC is one of the Plaintiffs. The following individuals are also Plaintiffs: Santos Augusto Arevalo, Moises Alvarez, Isabel Cabeza, Joe Camarillo, Otto Campos, Armida Cerritos, Enrique Chavez, Rosa Lidia Clemente, Yolanda Correa, Diana Escamilla, Salvador Fraire, Lorenzo Garcia, Trinidad Gonzalez, Sergio Heredia, Jesse Hernandez, Liliana Limon, Javier Limon, Efrain Martinez, Francisco Mendez, Alicia Moreno, Valentin Ortiz, Jose Luis Ortiz, Veronica Ortiz Venegas, Walter Perez, Martha Ramirez, Jose Rodriguez, Alba Teletor, Fernando Valdez, Julian Villarreal, Juana Villarreal Trevino, Catalina Del Valle, Jose Barragan, Abila Corleto, Leticia Duran, Silvia Echeverria, Adalberto Gonzalez, Obed Hernandez, Norma Ledesma, Oscar Mares, Immer Martinez, Maria Sandoval, Diana Velazquez, Mayra Rocha, Daniel Quinonez, and Ramon Mejia-Rivera.

The Court responsible for these cases is the United States District Court for the District of Minnesota. The judge's name is U.S. District Court Judge Richard H. Kyle. He is responsible for overseeing this class action.

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The individual Plaintiffs listed above are also "Class Representatives." The Class Representatives

sued on behalf of people with similar claims. Together those people are a "Class" or "Class

Members."

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/PP PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/PF

In a class action, Class Representatives sue on behalf of the Class. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
The Court decided that this lawsuit can be a class action and be settled because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal court.
In the lawsuits, the Plaintiffs claimed that Faribault Foods discriminated against current and former Hispanic employees and applicants at Faribault Foods' Faribault, Minnesota facility on the basis of national origin and race with respect to hiring, promotion, compensation, and other terms and conditions of employment. More information about federal laws prohibiting job discrimination can be found at the website of the U.S. Equal Employment Opportunity Commission, www.eeoc.gov.
Faribault Foods denies that it discriminated unlawfully or did anything wrong. The settlement is not an admission of wrongdoing or an indication that any law was violated.
The Plaintiffs sought to obtain money for persons that they believed were discriminated against by Faribault Foods, Inc. because they were Hispanic and to take steps to prevent discrimination against Hispanic workers at Faribault Foods, Inc.
1 1 - 1_ The EEOC, the Class Representatives, and their attorneys believe the settlement described in this
notice accomplishes the goals of their lawsuits.
1111 The Court did not decide in favor of the EEOC, the Class Representatives, or the Defendants. Instead, all parties agreed to a settlement. The EEOC, the Class Representatives and their attorneys think the settlement is best for everyone who they claim was injured by or exposed to discrimination.
WHO IS IN THE CLASS
To see if you may receive money as a result of this settlement, you first have to decide if you are a Class Member.
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Judge Kyle decided that everyone who fits this description is a Class Member: All current and former Hispanic Faribault Foods' employees who have been on the Faribault Foods' payroll at Faribault Foods' Faribault, Minnesota facilities at any time between September 14, 2001 and October 9, 2007, and all Hispanic applicants who completed an application through a temporary service or directly through Faribault Foods to work in positions at Faribault Foods' Faribault, Minnesotafacilities at any time between September 14,2001 and October 9,2007.
If you are still not sure whether you are included, you may ask for free help. You may call (877) 249-0013 and ask if you are part of the settlement. For more information, you may also visit the website of the attorneys for the class, www.nka.comlff. Or fill out and return the claim form described below, to see if you qualify. DO NOT CONTACT THE COURT.
QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

THE SETTLEMENT BENEFITS

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The parties have agreed to a monetary settlement based on the time period that Class Members were

on Faribault Foods' payroll for its Faribault, Minnesota operations. If you return a valid Claim

Form, you will receive a settlement amount, less tax withholding, based on the following:

Employee Class Member's Term of Service on Faribault Foods' payroll between September 14,2001 and October 9, 2007 Less than 60 days At least 60 days, but less than lyear At least 1, but less than 2 years At least 2, but less than 3 years Three or more years

Payment
$500.00 $1,500.00 $2,000.00 $2,500.00 $3,500.00

If you applied to work for Faribault Foods in Faribault or worked for Faribault Foods in Faribault through a temporary agency but were never on Faribault Foods' payroll and if you return a valid Claim Form, you will receive a settlement amount of$100.00.

Class Counsel will ask the Court for attorneys' fees in the amount of $ 345,000 and reimbursement for costs in the approximate amount of $ 90,000. The Named Plaintiffs in the lawsuit will not receive the payments indicated above. Instead, $ 900,000 less attorneys' fees and costs will be shared and distributed among them based upon the facts of their claims.

Additionally, the parties have agreed that Faribault Foods will take certain actions in the workplace to help prevent discrimination on the basis of national origin or race. These actions include the establishment by Faribault Foods of a diversity committee and other steps.

How You GET A PAYMENT-SUBMITTING A CLAIM FORM

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To qualify for payment, you must send in a claim form. A claim form is attached to this Notice.

You may also get a claim form on the Internet at www.nka.com/ff. Read the instructions carefully,

fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later

than [CORRECT DATE TO BE FILLED IN BY COUNSEL). Follow all the instructions on the claim form.

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The Court will hold a hearing on March 20, 2008, to decide whether to approve the settlement. If

Judge Kyle approves the settlement, after that, there may be appeals. Resolving appeals can take

time, perhaps more than a year. Everyone who sends in a claim form will be informed of the

progress of the settlement. Please be patient.

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Unless you exclude yourself, you are staying in the Class, and that means that you cannot sue,

continue to sue, file a charge with the EEOC, or be part of any other lawsuit against Faribault Foods

about the legal issues in this case. It also means that all ofthe Court's orders will apply to you and

legally bind you. If you sign the Claim Form, you will release your claims. The Claim Form

describes the legal claims you give up if you get settlement benefits.

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a payment from this settlement, but you want keep the right to sue or continue to sue Faribault Foods, on your own, about the legal issues in this case, then you must take steps to exclude yourself from the settlement. Excluding yourself from the settlement is sometimes referred to as opting out of the settlement Class.

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Mendez et al. v. Faribault Foods, Inc. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than [CORRECT DATE TO BE FILLED IN BY COUNSEL), to:

Nichols Kaster & Anderson, PLLP Attn: James H. Kaster
Faribault Foods Exclusions 4600 IDS Center
80 South Eighth Street Minneapolis, MN 55402
To ensure that your exclusion letter is received, it is recommended that you send it via certified mail. You cannot exclude yourself on the phone or by email.

If you ask to be excluded, you will not get any settlement payment and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Faribault Foods in the future.

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No. Unless you exclude yourself, you give up the right to sue Faribault Foods for the claims that

this settlement resolves. If you have a pending lawsuit against Faribault Foods, speak to your

lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your

own lawsuit. Remember, the exclusion deadline is [CORRECT DATE TO BE FILLED IN BY COUNSEL).

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No. If you exclude yourself, do not send in a claim form to ask for any money. If you exclude

yourself, you may sue, continue to sue, or be part of a different lawsuit against Faribault Foods.

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No. If you are not a part of the class, you do not need to exclude yourself. You can either return a

Claim Form to see if you are a part of the Class, or you may do nothing.

THE LAWYERS REPRESENTING You

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The Court decided that the law firm of Nichols Kaster & Anderson PLLP in Minneapolis,

Minnesota is qualified to represent you and all Class Members. The law firm is called Class

Counsel. You will not be charged for these lawyers. If you want to be represented by your own

lawyer, you may hire one at your own expense. More information about Class Counsel is available

at www.nka.com.

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

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Class Counsel will ask the Court for attorneys' fees and expenses up to $435,000, a payment of

$465,000 to the Named Plaintiffs and payments to the Class Representatives as indicated above.

The Court may award less than these amounts.

OBJECTING TO THE SETTLEMENT You may tell the Court that you do not agree with the settlement or some part of it. You may make your objections in Spanish.

If you are a Class Member, you may object to the monetary settlement if you do not like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Mendez et al. v. Faribault Foods, Inc. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Objections must be made in writing.
Mail the objection to all four of these addresses, postmarked no later than [CORRECT DATE TO BE
FILLED IN BY COUNSELl:

COURT Clerk of the Court United States District Court for the District of Minnesota 316 N. Robert Street St Paul, MN 55101

CLASS COUNSEL James H. Kaster Nichols Kaster & Anderson, PLLP 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402

DEFENSE COUNSEL Holly Robbins Faegre & Benson,LLP 2200 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402

EEOC COUNSEL Laurie Vasichek EEOC 330 2nd Ave. S., Suite 430 Minneapolis, MN 55401

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Objecting is simply telling the Court that you do not like something about the settlement. You may

object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to

be part of the Class. If you exclude yourself, you have no basis to object because the case no longer

affects you.

THE COURT'S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend, and you may ask to speak, but you do not have to.

The Court will hold a Fairness Hearing at 8:00 a.m. on Thursday, March 20, 2008, at the United States District Court for the District of Minnesota, 180 E 5th Street #700, St. Paul, Minnesota, in Courtroom 1. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Kyle will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class
QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

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No. Class Counsel will answer questions Judge Kyle may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intention to Appear in Mendez et al. v. Faribault Foods, Inc." Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than [CORRECT DATE TO BE FILLED IN BY COUNSEL), and be sent to the Clerk of the Court, Class Counsel, EEOC Counsel, and Defense Counsel, at the four addresses on page 5, in question 18. You cannot speak at the hearing if you excluded yourself.

IF You Do NOTHING

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If you do nothing, you will not receive any money from this settlement. But, unless you exclude

yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other

lawsuit against Faribault Foods about the legal issues in this case, ever again.

GETTING MORE INFORMATION

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This notice summarizes the proposed settlement. More details are in a Consent Decree. You may

obtain a copy of the Consent Decree by writing to Class Counsel, Nichols Kaster & Anderson,

PLLP, Attn: James H. Kaster, 4600 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, or by

visiting Class Counsel's website at www.nka.com/ff.

You may call (877) 249-0013 toll free; write to Class Counsel, Nichols Kaster & Anderson, PLLP, Attn: James H. Kaster, 4600 IDS Center, 80 South 8th Street, Minneapolis, MN 55402; or visit Class Counsel's website at www.nka.com/ff. where you will find answers to common questions about the settlement, a claim form, and other information to help you determine whether you are a Class Member and whether you are eligible for a payment.

DATE:

The Honorable Richard H. Kyle United States District Judge

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

INSTRUCTIONS FOR CLAIM FORM
Please read the Enclosed Notice of Settlement before completing the Claim Form
IMPORTANT: Your claim form MUST be postmarked by [TO BE FILLED IN BY COUNSEL). Enclosed is a self addressed envelope for returning the claim form.
INSTRUCTIONS FOR CLAIM FORM: 1. It is important to read and follow these instructions carefully, as well as those contained on the Notice of Settlement enclosed with this Claim Form. Failure to follow these instructions may result in your losing benefits to which you might otherwise be entitled. 2. If you do not return this Claim Form postmarked by [TO BE FILLED IN BY COUNSEL], your claim will be rejected and you will lose all rights to receive any money from this settlement. You must mail the Claim Form to: Nichols Kaster & Anderson, PLLP Attn: James H. Kaster 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 3. Under penalty of perjury, you must fill out this form completely and accurately.
4. You must answer all five questions. Failure to answer all questions may result in your losing benefits to which you might otherwise be entitled.
5. You must sign and date the last page of the claim form.
6. By returning this Claim Form postmarked by [TO BE FILLED IN BY COUNSEL], you are releasing your claims against Faribault Foods and that means that you cannot sue, continue to sue, file a charge with the EEOC, or be part of any other lawsuit against Faribault Foods about the legal issues in this case.
EXHIBIT
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QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

CLAIM FORM
YOUR ANSWERS ON THIS FORM ARE SUBJECT TO PENALTIES FOR PERJURY. YOU MUST FILL OUT THIS FORM TRUTHFULLY AND COMPLETELY.

Name Address City, State ZIP

1. Did you ever work at Faribault Foods?

Yes

No

2. Did you work at Faribault Foods through a temporary agency? _ _ Yes _ _ No

2a. If you answered yes to question 2, what is the name of the temporary agency that placed you at Faribault Foods? _ _ _ _ _ _ _ _ _ _ __

2b. If you answered yes to question 2, were you offered regular employment from

Faribault Foods?

Yes

No

2c. If you were offered regular employment from Faribault Foods, when were you

offered regular employment? Month

Year _ _ __

3. When did you begin working at Faribault Foods? Month _ _ __ Year - - - -
4. When did you stop working at Faribault Foods? If known, provide the month and year that you stopped working at Faribault Foods. If you are still working at Faribault Foods, please write "still employed." _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

5. In order to receive payment under the settlement, we need your social security number or your tax identification number (lIIN). Please provide it here: _ _ _ _ _ _ _ _ __

YOU MUST SIGN AND DATE BELOW:

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declare under penalty of perjury that the

information and facts I have stated in this Claim Form are true and accurate to the best of my

personal knowledge. I understand that making a knowingly false statement may subject me to

prosecution for perjury.

Signed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ __

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF

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PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

INSTRUCTIONS FOR CLAIM FORM
Please read the Enclosed Notice of Settlement before completing the Claim Form
IMPORTANT: Your claim form MUST be postmarked by [TO BE FILLED IN BY COUNSEL]. Enclosed is a self addressed envelope for returning the claim form.
INSTRUCTIONS FOR CLAIM FORM: 1. It is important to read and follow these instructions carefully, as well as those contained on the Notice of Settlement enclosed with this Claim Form. Failure to follow these instructions may result in your losing benefits to which you might otherwise be entitled. 2. If you do not return this Claim Form postmarked by [TO BE FILLED IN BY COUNSEL], your claim will be rejected and you will lose all rights to receive any money from this settlement. You must mail the Claim Form to: Nichols Kaster & Anderson, PLLP Attn: James H. Kaster 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 3. Under penalty of perjury, you must fill out this form completely and accurately.
4. You must answer all three questions. Failure to answer all questions may result in your losing benefits to which you might otherwise be entitled.
5. You must sign and date the last page of the claim form.
6. By returning this Claim Form postmarked by [TO BE FILLED IN BY COUNSEL], you are releasing your claims against Faribault Foods and that means that you cannot sue, continue to sue, file a charge with the EEOC, or be part of any other lawsuit against Faribault Foods about the legal issues in this case.
EXHIBIT
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QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/FF PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/FF

CLAIM FORM
YOUR ANSWERS ON THIS FORM ARE SUBJECT TO PENALTIES FOR PERJURY. YOU MUST FILL OUT THIS FORM TRUTHFULLY AND COMPLETELY.
Name Address City, State ZIP

1. Did you ever apply to work at Faribault Foods?

Yes

No

1a. If you answered yes to question 1, when did you apply to work at Faribault

Foods?

Month

Year _ _ __

1b. If you answered yes to question 1, which Faribault Foods location did you apply to?

1c. If you answered yes to question 1, where did you submit your application? _ _

2. Did you ever work at Faribault Foods?

Yes

No

2a. If you answered yes to question 2, did you work at Faribault Foods through a

temporary agency?

Yes

No

2b. If you answered yes to question 2a, what is the name of the temporary agency that placed you at Faribault Foods? _ _ _ _ _ _ _ _ _ _ __

3. In order to receive payment under the settlement, we need your social security number or your tax identification number (ITIN). Please provide it here: _ _ _ _ _ _ _ __

YOU MUST SIGN AND DATE BELOW:

I,

declare under penalty of perjury that the

information and facts I have stated in this Claim Form are true and accurate to the best of my

personal knowledge. I understand that making a knowingly false statement may subject me to

prosecution for perjury.

Signed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ __

QUESTIONS? CALL 612-256-3210 OR 877-249-0013, OR VISIT WWW.NKA.COM/PP

ii

PARA ESPANOL, LLAME AL 612-256-3210 0877-249-0013,0 VISITE WWW.NKA.COM/PP

 
 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Equal Employment Opportunity Commission, Plaintiff,

v. Faribault Foods, Inc.,

Defendant.

Civ. No. 07-3976 (RHK/AJB) ORDER

Francisco Mendez, et al.,
v. Faribault Foods, Inc.,

Plaintiffs,

Civ. No. 07-3986 (RHK/AJB) ORDER

Defendant.

Equal Employment Opportunity Commission, Plaintiff,

v. The Work Connection,

Defendant.

Civ. No. 07-3977 (RHK/AJB) ORDER

Alecia Moreno, et al.,
v. The Work Connection,

Plaintiffs,

Civ. No. 07-3985 (RHK/AJB) ORDER

Defendant.

Laurie A. Vasichek, Equal Employment Opportunity Commission, Minneapolis, Minnesota, Jessica J. Clay, James H. Kaster, Sofia B. Andersson-Stern, Nichols Kaster & Anderson, PLLP, Minneapolis, Minnesota, for Plaintiffs.
Holly M. Robbins, David J. Goldstein, Daniel N. Lovejoy, Faegre & Benson, LLP, Minneapolis, Minnesota, for Defendant Faribault Foods, Inc.
Bradley J. Lindeman, John J. McDonald, Jr., Meager & Geer, PLLP, Minneapolis, Minnesota, for Defendant The Work Connection.

INTRODUCTION The Plaintiffs in these four actions allege that Defendants Faribault Foods, Inc. (“Faribault”) and The Work Connection (“TWC”) discriminated against certain of their current and former employees on the basis of their race and national origin, in violation of state and federal law. Two of the actions were commenced as class actions by former and current employees of the Defendants; the other two actions were commenced by the Equal Employment Opportunity Commission (“EEOC”). Presently pending before the Court is the parties’ request for approval of two Consent Decrees settling these cases and class counsel’s application for attorneys’ fees and costs in connection with the two class

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cases. For the reasons set forth below, the Court approves both Consent Decrees and the application for fees and costs.
FINDINGS OF FACT 1. Faribault is a Minnesota corporation that operates food-production facilities in Faribault, Minnesota. In Mendez v. Faribault Foods, No. 07-3986, a class of Hispanic current and former employees of Faribault allege that they have been (or were) discriminated against during their employment on the basis of their race and national origin. 2. TWC is a St. Paul, Minnesota-based employment agency that provides employees to Faribault. A class of Hispanic current and former employees of TWC assigned to work for Faribault commenced Moreno v. The Work Connection, No. 073985, alleging that they have been (or were) discriminated against during their employment on the basis of their race and national origin. 3. The EEOC commenced an investigation into these allegations and subsequently filed similar actions against both Faribault and TWC, which are the other two cases captioned above. 4. The parties agreed to mediate these disputes. During the course of the mediation, the EEOC’s investigation, and several months of negotiations, Faribault and TWC provided a substantial amount of information to the EEOC and to the Plaintiffs in Mendez and Moreno, including the exchange of expert reports. That information was sufficient for the Plaintiffs to assess the strengths and weaknesses of their claims and to
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make an informed decision about whether to settle their claims. All parties were represented by counsel during the mediation.
5. As a result of mediation, the parties agreed to settlements in each of these cases, which were embodied in two Consent Decrees. The Court preliminarily approved those Consent Decrees on October 17, 2007.
6. The Consent Decrees provided for, among other things, notice of the proposed settlements to be given to class members. The Court approved the form and the manner of the notice under Federal Rule of Civil Procedure 23; the notice informed class members of the terms of the settlements and of the steps required to be taken to file claims or to object to or exclude themselves from the settlements. The Court also approved the proposed claim form to be filed by class members.
7. The first Consent Decree, which settles the two Faribault cases, provides for a total payment of $900,000 to the class representatives in the Mendez action, including fees and costs to counsel for the Plaintiffs in that action ($340,000 in fees and $60,000 in costs, for a total of $400,000) – in other words, the Mendez class representatives will receive a total of $500,000.1
1 Although the Consent Decree indicates that class counsel would seek an award of $435,000 in fees and costs, counsel revised that amount to $400,000 subsequent to the Court preliminarily approving the Consent Decrees. (See Pl. Mem. at 5-6; Andersson-Stern Decl. Ex. A.)
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8. All other class members in the Mendez action2 were required to submit claim forms in order to receive payments, which are based on the claimant’s tenure with the company: claimants employed for less than 60 days will receive $500; claimants employed at least 60 days but less than one year will receive $1,500; claimants employed at least one year but less than two years will receive $2,000; claimants employed at least two years but less than three years will receive $2,500; and claimants employed three or more years will receive $3,500. Persons who applied for, but did not obtain, a job with Faribault will receive $100. Faribault will make these payments directly to each class member. All payments are subject to appropriate income-tax withholding.
9. The Consent Decree also mandates certain operational changes at Faribault to prevent discrimination against Hispanic employees going forward, such as the establishment of a Diversity Committee, mandatory diversity training for managers, and the posting of policies and procedures in both English and Spanish on an ongoing basis.
10. The second Consent Decree, which settles the two TWC cases, provides for a total payment of $160,000 by TWC, which includes $60,000 in attorneys’ fees and costs ($48,000 in fees and $12,000 in costs) to counsel for the Plaintiffs in the Moreno action.
2 Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Consent Decree defines (for purposes of settlement) the class as (1) all Hispanic individuals who worked for Faribault and (2) all Hispanic individuals who applied to work at Faribault, at any time on or after September 21, 2001, and on or before October 9, 2007, except those who have opted out of the class.
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11. The remaining $100,000 will be paid in a lump-sum by TWC and allocated to all class members3 who have submitted a claim form, based on the length of their tenure working for Faribault through TWC. Persons who applied for, but did not obtain, a job with Faribault through TWC will receive $100. All other class members will receive payments ranging from $300 to $3,500, as set forth in Exhibit A to the Declaration of Sofia Andersson-Stern (counsel for the class Plaintiffs). Unlike the terms of the Consent Decree resolving the Mendez action, the class representatives in Moreno will not receive compensation differently from the remaining class members.
12. The Consent Decree also provides that TWC will not violate federal and state employment laws in the future and requires TWC to take certain steps to prevent discrimination against Hispanic employees, such as providing interpreters for job-related safety tests.
13. Following the Court’s preliminary approval of the Consent Decrees, Faribault and TWC provided class counsel with the names and addresses of approximately 1,000 potential class members. Counsel mailed notices of the proposed settlements (which included the right to object and/or opt out) and claim forms to those class members, in both English and Spanish.
3 Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Consent Decree defines (for purposes of settlement) the class as (1) all Hispanic individuals who worked for Faribault via a placement through TWC and (2) all Hispanic individuals who applied to work at Faribault via a placement through TWC, at any time on or after September 21, 2001, and on or before October 9, 2007, except those who have opted out of the class.
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14. Class counsel also took additional steps to ensure that all class members were advised of the settlements and of their right to decline to participate, including (1) setting up a dedicated toll-free number for phone calls concerning the Mendez and Moreno actions, (2) sending reminder post cards to class members who had not returned claim forms, (3) conducting searches to obtain current addresses for class members when the originally mailed notices were returned as undeliverable, and re-mailing notices and claim forms when new addresses were located, (4) broadcasting notice of the settlements on a Spanish-language radio station in the Faribault, Minnesota area, and (5) publishing notices of the settlements in Faribault, Minnesota, and Eagle Pass, Texas (where a large number of Hispanic employees of Faribault reside during the winter).
15. 232 individuals have submitted claim forms in the Mendez action.4 All told, Faribault will pay $218,600 to those class members, in accordance with the payment guidelines set forth above.
16. 146 individuals (129 class members and 17 class representatives) have submitted claim forms in the Moreno action.5 Class counsel devised a proposed allocation of the $100,000 settlement fund to these 146 claimants based on the length of
4 Plaintiffs’ Memorandum indicates that 238 persons returned claim forms (see Pl. Mem. at 4), but only 232 individuals are listed as claimants in Exhibit A to the Declaration of Sofia Andersson-Stern. There is no apparent explanation for this discrepancy.
5 The proposed Order submitted by class counsel indicates that 146 individuals (including the class representatives) timely submitted claim forms. Exhibit A to the Declaration of Sofia Andersson-Stern, however, indicates that 147 persons (including the class representatives) have filed claims. There is no apparent explanation for this discrepancy.
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their employment, and that allocation was presented to Laurie Vasichek, Senior Trial Attorney at the EEOC (and the EEOC’s counsel in these cases), and retired Magistrate Judge Jonathan Lebedoff, for their review pursuant to the terms of the Consent Decrees. Ms. Vasichek and Judge Lebedoff have approved the proposed allocations.
17. No objections to the terms of the proposed settlements or to the two Consent Decrees have been filed, and no class member has expressed a willingness to opt out of either the Mendez or the Moreno class.
CONCLUSIONS OF LAW 1. The Court has subject-matter jurisdiction over these actions and personal jurisdiction over the parties thereto. 2. Venue is proper in this Court because Defendants maintain their principal places of business in Faribault, Minnesota, and St. Paul, Minnesota, respectively, which lie within the District of Minnesota. 3. The requirements of Federal Rule of Civil Procedure 23 have been satisfied in the Moreno and Mendez actions, insofar as questions of law or fact common to class members predominate over any questions affecting only individual members, and a class action is superior to other available methods for fairly and efficiently adjudicating these cases. 4. The forms and methods of notice provided to class members were adequate to inform them of the terms of the settlements and to advise them of their rights to opt out or object. Fed. R. Civ. P. 23(e)(1).
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5. Judicial approval is required for a class-action settlement. See Fed. R. Civ. P. 23(e). The Court may approve such a settlement after finding that it is “fair, reasonable, and adequate.” Fed. R. Civ. P. 23(e)(2). In making that determination here, the Court must consider (1) the merits of the class Plaintiffs’ cases, weighed against the terms of the settlements, (2) each Defendant’s financial condition, (3) the complexity and expense of further litigation, and (4) the amount of opposition to the settlements. In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 932 (8th Cir. 2005); Van Horn v. Trickey, 840 F.2d 604, 607 (8th Cir. 1988).
6. Having considered these factors, the Court concludes that the settlements in these cases are fair, reasonable, and adequate. The settlements provide substantial monetary relief to the class members, in addition to wholesale changes in Defendants’ business operations to prevent discrimination on a going-forward basis. Absent the settlements, Defendants likely will raise several complicated legal arguments in an effort to avoid liability in these actions, leaving eventual recovery by the class Plaintiffs uncertain. Moreover, these cases were in their infancy when the parties reached the settlements. The complexity and expense of further litigation, including protracted discovery and motion practice, would have been significant. Furthermore, even if the class Plaintiffs were successful in such litigation, they likely would not receive monetary relief without several more years of litigation, including likely appeals by the Defendants. In addition, a substantial number of claim forms have been filed, no opposition has been lodged against the terms of the settlements or the Consent Decrees, and no class member
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has chosen to opt out in either class case. Finally, the Court accords some weight to class counsel’s view that the settlements are fair, reasonable, and adequate, see Isby v. Bayh, 75 F.3d 1191, 1200 (7th Cir. 1996) (noting it is appropriate to consider attorneys’ view that settlement is adequate where (as here) class counsel are experienced litigators), as well as the fact that the EEOC shares that view.
7. The allocations of the settlement funds set forth above and in the Declaration of Sofia Andersson-Stern are fair, reasonable, and adequate distributions of the settlement funds.
8. An award of attorneys’ fees in a class-action settlement is committed to the sound discretion of the district court. See Petrovic v. Amoco Oil Co., 200 F.3d 1140, 1157 (8th Cir. 1999). The district court may calculate an appropriate fee award either by using the lodestar method (reasonable number of hours expended multiplied by a reasonable hourly rate) or by awarding a fraction of the common fund obtained by the class. Id. at 1157; Johnston v. Comerica Mortgage Corp., 83 F.3d 241, 244-45 (8th Cir. 1996).
9. Class counsel has requested $340,000 in fees and $60,000 in costs in connection with the Mendez action, and $48,000 in fees and $12,000 in costs in connection with the Moreno action. The total amount to be paid by Defendants pursuant to the Consent Decrees in these cases is $1,278,600, as follows: $900,000 to the Mendez class representatives and for attorneys’ fees and costs; plus an additional $218,600 to the class members in Mendez; plus an additional $160,000 to the class members and for
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attorneys’ fees and costs in Moreno. Class counsel’s request, therefore, amounts to approximately 36% of the combined settlement funds in these cases ($460,000/$1,278,600).6
10. The amount of fees and costs sought by class counsel is reasonable and appropriate given the significant financial recovery obtained in these cases. See, e.g., In re U.S. Bancorp Litig., 291 F.3d 1035, 1038 (8th Cir. 2002) (upholding award of attorneys’ fees amounting to 36% of settlement fund of $3.5 million); In re Xcel Energy, Inc., 364 F. Supp. 2d 980, 998 (D. Minn. 2005) (Doty, J.) (“[C]ourts in this circuit and in this district have frequently awarded attorney fees between twenty-five and thirty-six percent of a common fund in other class actions.”).
ORDER Based on the foregoing, and all the files, records, and proceedings herein, IT IS ORDERED as follows: 1. The Settlement Classes defined in the Consent Decrees (and set forth above in footnotes 2 and 3) are CERTIFIED pursuant to Federal Rule of Civil Procedure 23 for settlement purposes; 2. Final approval of the Consent Decrees is GRANTED. The Consent Decrees shall become effective when either the time for appeal has run without an appeal
6 The amount requested, limited to attorneys’ fees (i.e., excluding costs), represents approximately 30% of the settlement funds.
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being filed or any appeal (including any requests for rehearing or rehearing en banc or petitions for writs of certiorari) has been finally resolved;
3. Class members in Moreno shall be able to draw their settlement payments from the $100,000 settlement fund in that action until December 1, 2008. Any class member who fails to draw his or her payment by the deadline shall forfeit his or her right to a settlement payment. Any payments not drawn by the deadline shall be distributed to Centro Campesino, a non-profit organization dedicated to improving the lives of Hispanic migrant workers in southern Minnesota;7
4. Class counsel’s application for attorneys’ fees and costs is APPROVED, and class counsel is awarded $388,000 in attorneys’ fees and $72,000 in costs;
5. This Order has been entered without any admission by any of the parties as to the merits of any of the allegations in these cases and shall not constitute a finding of either fact or law as to the merits of any of the claims asserted therein;
6. The Complaint in each of these cases is DISMISSED WITH PREJUDICE. The parties shall pay their own fees, costs, and disbursements, except as set forth above; and
7. The Court retains jurisdiction over these matters for purposes of ensuring compliance with the Consent Decrees and this Order.
7 The Court concludes that distributing unclaimed funds to Centro Campesino is consistent with the purpose behind the claims alleged in these lawsuits. See In re Airline Ticket Comm’n Antitrust Litig., 307 F.3d 679, 682-83 (8th Cir. 2002) (noting that “a cy pres distribution” should be “tailor[ed] . . . to the nature of the underlying lawsuit”).
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LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 28 , 2008

s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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 CLOSED,CV
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:07−cv−03976−RHK−AJB

Equal Employment Opportunity Commission v. Faribault Foods Date Filed: 09/14/2007

Inc

Date Terminated: 03/28/2008

Assigned to: Judge Richard H. Kyle

Jury Demand: Plaintiff

Referred to: Chief Mag. Judge Arthur J. Boylan

Nature of Suit: 442 Civil Rights: Jobs

Cause: 28:451 Employment Discrimination

Jurisdiction: Federal Question

Plaintiff

Equal Employment Opportunity Commission

represented by Jean P Kamp Equal Employment Opportunity Commission 500 W. Madison Street Suite 2000 INACTIVE Chicago, IL 60661 312−869−8116 Fax: 312−869−8124 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John−NA C Hendrickson Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Vasichek Equal Employment Opportunity Commission 330 S 2nd Ave Ste 720 Minneapolis, MN 55401−2224 612−335−4061 Fax: 612−335−4044 Email: laurie.vasichek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Faribault Foods Inc

represented by David J Goldstein Littler Mendelson, PC 80 S 8th St Ste 1300 Mpls, MN 55402−2136 612−313−7611 Fax: 612−630−9626 Email: DGoldstein@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holly M Robbins Littler Mendelson 80 South 8th Street Suite 1300 Minneapolis, MN 55402 612−313−7631 Fax: 612−677−3569 Email: HRobbins@littler.com

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel N Lovejoy Parker Rosen, LLC 300 1st Ave N. Ste 200 INACTIVE Mpls, MN 55401 612−767−3000 Email: lovejoy@parkerrosen.com TERMINATED: 02/01/2008 ATTORNEY TO BE NOTICED

Date Filed 09/14/2007
09/17/2007 09/17/2007 09/17/2007 09/21/2007 09/21/2007 09/24/2007 09/24/2007
10/05/2007 10/17/2007 11/26/2007 02/01/2008 02/01/2008 03/28/2008 03/28/2008

# Docket Text
1 COMPLAINT against Faribault Foods Inc ( Filing fee waived) Assigned to Judge Richard H. Kyle per Civil Rights List and referred to Magistrate Judge Arthur J. Boylan, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (GJS) QC'd by gjs. (Entered: 09/14/2007)
2 ANSWER to Complaint by Faribault Foods Inc. (Lovejoy, Daniel) (Entered: 09/17/2007)
3 CERTIFICATE OF SERVICE by Faribault Foods Inc re 2 Answer to Complaint (Lovejoy, Daniel) (Entered: 09/17/2007)
4 Joint MOTION to Consolidate Cases /Relation by Equal Employment Opportunity Commission, Faribault Foods Inc. (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 09/17/2007)
5 ORDER that 07cv3986 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/18/07 and Ann D. Montgomery on 9/20/07. (JME) (Entered: 09/21/2007)
6 ORDER that 07cv3985 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/21/07 and Judge John R. Tunheim on 9/21/07. (JME) (Entered: 09/21/2007)
7 ORDER that 07cv3977 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/19/07 and Chief Judge James M. Rosenbaum on 9/21/07. (JME) (Entered: 09/24/2007)
8 NOTICE OF PRETRIAL CONFERENCE − Pretrial Conference set for 11/7/2007 at 09:15 AM., in Suite 720, 180 East 5th Street, St. Paul., before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 9/24/07. (Attachments: # 1 Consent Form)(GJS) (Entered: 09/24/2007)
9 LETTER TO MAGISTRATE JUDGE by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 10/05/2007)
10 CONSENT DECREE. Signed by Judge Richard H. Kyle on 10/17/07. (rhks) (Entered: 10/17/2007)
11 ORDER Rescheduling Hearing to March 28, 2008 at 8:00 a.m. (Written Opinion). Signed by Judge Richard H. Kyle on 11/26/07. (rhks) (Entered: 11/26/2007)
12 NOTICE OF WITHDRAWAL FROM CASE by Faribault Foods Inc (Robbins, Holly) (Entered: 02/01/2008)
13 CERTIFICATE OF SERVICE by Faribault Foods Inc re 12 Notice of Withdrawal from Case of Dan Lovejoy (Robbins, Holly) (Entered: 02/01/2008)
14 Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 3/28/2008 re Approval Settlement. (Court Reporter Carla Bebault) (ds) (Entered: 03/28/2008)
15 ORDER CERTIFYING Settlement Classes defined in Consent Decree, GRANTING final approval of Consent Decree, APPROVING class counsel's application for

03/28/2008 06/01/2009

attorneys' fees and costs, DISMISSING WITH PREJUDICE the Complaint. (Written Opinion). Signed by Judge Richard H. Kyle on 03/28/08. (rhks) (Entered: 03/28/2008)
16 JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(jam) (Entered: 03/28/2008)
17 NOTICE of Withdrawal as Attorney and Substitution of Counsel (Attachments: # 1 Certificate of Service)(Robbins, Holly) (Entered: 06/01/2009)