IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
LOVE'S TRAVEL STOPS & COUNTRY STORES, INC.
Defendant.

)

)

)

)

COMPLAINT

)

)

Civil Action No.

)

)

)

)

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §§2000 et seq. (Title VII) and Section 102 of the Civil Rights Act of
1991,42 U.S.C. §1981 a, to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Michelle Medina and Tracie Lewellen, two female employees who Defendant Employer subjected to sexual harassment. Defendant Employer discharged Ms. Medina and reduced Ms. Lewellen's work hours because of their sex, female and in retaliation for opposing the discrimination
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(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a. 2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Middle District of Tennessee,

Case 3:05-cv-00768 Document 1 Filed 09/30/2005 Page 1 of 5

Nashville Division. PARTIES
3. Plaintiff, the 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) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1)
and (3). 4. At all relevant times, Defendant, Love's Travel Stops & Country Stores,
(Defendant Employer), has continuously been a foreign corporation doing business in the State of Tennessee and the City of Christiana, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections
701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michelle Medina and Tracie Lewellen 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. Since at least July 1,2004, Defendant Employer has engaged in unlawful employment practices at its Christiana, Tennessee facility in violation of Section 703 of
Title VII, 42 U.S.C. § 2000e-2. The unlawful practices consisted of sexual harassment
and reduction in work hours and discharge in retaliation for opposing sexual 2
Case 3:05-cv-00768 Document 1 Filed 09/30/2005 Page 2 of 5

harassment. 8. The General Manager of Defendant Employer's Christiana Tennessee
facility subjected Ms. Medina to unwelcome sexual comments and touching of a sexual nature during her employment.
9. Ms. Lewellen was also subjected to unwelcome sexual comments and touching of a sexual nature by the General Manager of the Christiana Tennessee location during her employment.
10. Both Ms. Medina and Ms. Lewellen attempted to report the unwelcome conduct. However, they were unsuccessful in reaching the District Manager.
11. Defendant Employer discharged Ms. Medina because of her sex, female and in retaliation for her opposition to sexual comments and touching.
12. Defendant employer reduced Ms. Lewellen's working hours because of her sex, female and in retaliation for her opposition to sexual comments and touching.
13. Defendant Employer's Sexual Harassment Policy was ineffective because Ms. Medina and Ms. Lewellen were unable to contact the District Manager.
20. The effect of the practices complained of above has been to deprive Michelle Medina and Tracie Lewellen of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and retaliation.
21. The unlawful employment practices complained of above were intentional. 22 The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Ms. Medina and Ms. Lewellen.
3
Case 3:05-cv-00768 Document 1 Filed 09/30/2005 Page 3 of 5

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 any employment practice which discriminates against employees because of their sex or in retaliation for opposing unlawful practices. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Medina and Ms. Lewellen who were subjected to sexual harassment and retaliation, by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Michelle Medina and Tracie Lewellen by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in amounts to be determined at trial. E. Order Defendant Employer to make whole Michelle Medina and Tracie Lewellen by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in the paragraphs above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. F. Order Defendant Employer to pay Michelle Medina and Tracie Lewellen punitive damages for its malicious and reckless conduct described in the paragraphs
4
Case 3:05-cv-00768 Document 1 Filed 09/30/2005 Page 4 of 5

above, in amounts to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the
pu bl ic 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. Respectfully submitted,
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
CELIA S. LINER Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Ave., Suite 621 Memphis, TN 38104 (901) 544-0075
5 Case 3:05-cv-00768 Document 1 Filed 09/30/2005 Page 5 of 5

 
 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

)

EQUAL EMPLOYMENT OPPORTUN ITY

)

COMMISSION,

)

Plaintiff,

)

,.

) )

)

)

LOVE'S TRAVEL STOPS & COUN TRY

)

STORES, INC.

)

Defendant. )

AMENDED COMPLAINT Civil Action No. 3:0s..cV'()768

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §§2000 et seq. (Title VII) and Section 102 of the Civil Rights Act of
1991, 42 U.S.C. §1981a, to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Michelle Medina,Tracie Lewellen, and other femate employees who Defendant Employer subjected to sexual harassment by a manager.
Defendant Employer also discharged Ms. Medina and reduced Ms. Lewellen·s work
hours because of their sex. female and in retaliation for opposing the discrimination JURISDICTION AND VENUE
1. Jurisd iction 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(f}(1) and (3) of TiUe VII of the Civil Rights Act of 1964. as amended, 42 U.S.C.§ 2000e-5(f}(1), and Section 102 of the Civil Rights Act of 1991 , 42 U.S.C. § 1981a.
2. The unlawful employment practices alleged below were committed with in the jurisdiction of the Un!ted States District Court for the Middle District of Tennessee,

Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 1 of 6

Nashville Division.

PARTIES

3. Plaintiff, the 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) and (3) of Title VII, 42 U.S.C. § 2000e-5{f)(I) and

{3}.
4.

At all relevant times, Defendant, Love·s Travel Stops & Country Stores,

{Defendant Employer}, has continuously been a foreign corporation doing business in

the State of Tennessee and the City of Christiana. and has continuously had at least 15

employees.

5. At all relevant times, Defendant Employer has continuously been an

employer engaged in an industry affecting commerce within the meaning of Sections

701{b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e{bj, (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Michelle Medina

and Tracie Lewellen 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. Since at least July 1, 2004, Defendant Employer has engaged in unlawful

employment practices at its Christiana, Tennessee faci lity in violation of Section 703 of

Title VII. 42 U.S.C. § 2000e-2. The unlawful practices consisted of sexual harassment

and reduction in wor!<; hours and discharge in retaliation for opposing sexual

Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 2 of 6

harassment. 8. The General Manager of Defendant Employer's Christiana Tennessee
facility subjected Ms. Medina to unwelcome sexual comments and touching of a sexual nature during her employment.
9. Ms. Lewellen was also subjected to unwelcome sexual comments and touching of a sexual natu re by the General Manager of the Christiana Tennessee location during her employment.
10. Other female employees at the Christiana, Tennessee, location were also subjected to unwelcome and offensive sexual comments and touching of a sexual nature by the General Manager during their employment.
11. Both Ms. Medina and Ms. Lewellen attempted to report the unwelcome conduct. However, they were unsuccessful in reaching the District Manager.
12. In ad dition, at least one other fema le empioyee complained about sexual harassment by her manager 10 a District Manager of Defendant's.
13. Defendant Employer discharged Ms. Medina because of her sex, female and in retaliation for her opposition to sexual comments and touching.
14. Defendant employer reduced Ms. Lewellen's working hours because of her sex, female and in retaliation for her opposition to sexual comments and touching.
15. Defendant Employer's Sexual Harassment Policy was ineffective because Ms. Medina and Ms. Lewellen were unable to contacl the DistJict Manager. In addition, the DistJid Manager received at least one additionat sexual harassment complaint from another female employee and summarily dismissed the complaint without investigation.
Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 3 of 6

16. The effect of the practices complained of above has been to deprive Michelle Medina, Tracie Lewellen and other female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and retal iation.
17. The unlawful employmenl practices complained of above were intentional. 18. The unlawful employment practices oomplained of above were done with
malice or with reckless indifference to the federally protected rights of Ms. Medina, Ms.
Lewellen and other aggrieved female employees.
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 any employment practice which discriminates against employees because of their sex or in retaliation for opposing unlawful practices. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities and which eradicate the effects of its past and presen t unlawful employmen t practices.
C. Order Defendant Employer to make whole Ms. Medina and Ms. Lewellen
wflo were subjected to sexual harassment and retaliation, by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole Midlelle Medina, Tracie Lewellen by providing compensation for past and future pecuniary losses resulting from
Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 4 of 6

the unlawful employment practices described above in amounts to be determined at
trial. E. Order Defendant Employer to make whole Michelle Medina, Tracie
Lewellen and other aggrieved female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in the paragraphs above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Michelle Medina, Tracie Lewellen and other aggrieved female employees punitive damages for its malicious and reckless
conduct described in the paragraphs 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.
Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 5 of 6

JURY TRIAL DEMAND The Commission requests a jury trial on all questiQfls of fact raised by its complaint.
Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
I SUPERVISORY TRIAL ATTORNEY
T~ar No. 9346 ____
CUw/J di.l1."</
CELIA S. LINER Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Ave., Suite 621 Memphis, TN 38104 (901) 544..()()75
Case 3:05-cv-00768 Document 8 Filed 12/05/2005 Page 6 of 6

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION and TRACIE LEWELLEN, )

)

Plaintiff/Plaintiff-Intervenor,

)

)

V.

)

)

LOVE'S TRAVEL STOPS & COUNTRY

)

STORE, INC.

)

)

Defendant.

)

No.3:05-CV-00768 JURY DEMAND

COMPLAINT OF INTERVENOR TRACIE LEWELLEN Plaintiff-Intervenor Tracie Lewellen ("Ms. Lewellen"), by and through her undersigned attorney, for her cause of action against the Defendant states as follows:

I. NATURE OF COMPLAINT 1. This action is brought by the Equal Employment Opportunity Commission ("EEOC") against Love's Travel Stops & Country Store, Inc. ("Defendant" or "Love's") pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000 et seq. ("Title VII") and §1981 a to correct unlawful employment practices on the basis of sex.

2. Plaintiff-Intervenor, Tracie Lewellen is a former employee of Defendant and was subjected to such unlawful employment practices of Defendant, including sexual harassment, retaliation and constructive discharge.
II. JURISDICTION AND VENUE 3. Plaintiff-Intervenor Lewellen brings her cause of action pursuant to Title VII and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a and the Tennessee Human Rights Act, T.C.A. §4-21-101 et seq. This Court has jurisdiction pursuant to 28 U.S.c. §1331 as

Case 3:05-cv-00768

Document 19

Filed 01/05/2006

EXHIBIT
j L.. /]
Pag.'!Ie 1 oqf c 7 ..~

a federal question and pursuant to 28 U.S.C. §1343(4) in protection of civil rights. PlaintiffIntervenor Lewellen has the statutory right to intervene in the instant action pursuant to §706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1). The Court has jurisdiction over Plaintiff-Intervenor Lewellen's pendant state claims pursuant to 28 U.S.C. §1367.
4. Defendant Love's is an employer within the meaning of §701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h) and the Tennessee Human Rights Act ("THRA").
5. Plaintiff-Intervenor Lewellen filed her Charge of Discrimination with the EEOC on August 2, 2004.
6. On September 7, 2005, the EEOC issued a Determination as to the merits of Ms. Lewellen's Charge, finding reasonable cause to believe that Defendant violated Title VII by subjecting Ms. Lewellen and other women to sexual harassment and reduced her work hours because of her sex and in retaliation. A true and correct copy of the Determination is attached hereto as Exhibit A.
7. On or about September 22, 2005, Ms. Lewellen received notice that the EEOC's attempt to conciliate with Love's had failed. A true and correct copy of the EEOC's Notice of Conciliation Failure is attached hereto as Exhibit B.
8. Venue is proper in this Court pursuant to 42 U.S.C. §2000e-5 and 28 U.S.C. § 1391(b) because Defendant Love's maintains a business office in this judicial district and a substantial part of the events or omissions giving rise to Plaintiff-Intervenor Lewellen's claims occurred in this judicial district.
2 Case 3:05-cv-00768 Document 19 Filed 01/05/2006 Page 2 of 7

III. PARTIES 9. Plaintiff-Intervenor Tracie Lewellen IS a resident of the State of Tennessee, residing in Murfreesboro, Rutherford County, Tennessee. 10. Plaintiff Equal Employment Opportunity Commission ("EEOC"), the federal agency charged with the administration, interpretation and enforcement of Title VII, brought the instant action pursuant to §706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1), and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 11. Plaintiff-Intervenor Tracie Lewellen intervened in this action pursuant to § 706(f)(1) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and the Tennessee Human Rights Act. 12. Defendant Love's Travel Stops & Country Stores, Inc. ("Defendant" or "Love's") is a foreign corporation with its principal place of business located at 10601 N Pennsylvania, Oklahoma City, OK 73120. Defendant is registered with the State of Tennessee under the same name and conducts business in the State of Tennessee under that name.
IV. STATEMENT OF RELEVANT FACTS 13. Defendant Love's, at all relevant times, operated Love's Travel Stops & Country Stores, Inc. in Christiana, Rutherford County, Tennessee, and employed Tracie Lewellen as a diesel cashier. 14. Freddie Crutchfield, at all relevant times, was employed by Defendant Love's as General Manager of its Christiana, Tennessee store. 15. Beginning on or before June 28, 2004, and continuing through July 26, 2004, the General Manager of Defendant Love's made inappropriate unwelcome sexual
3 Case 3:05-cv-00768 Document 19 Filed 01/05/2006 Page 3 of 7

comments to Ms. Lewellen including but not limited to lewd comments about her body, and graphic sexual proposals and advances.
16. Beginning on or before June 28, 2004 and continuing through July 26, 2004, the General Manager of Defendant Love's inappropriately touched Ms. Lewellen including but not limited to rubbing himself against her and grabbing her on more than one occaslOn.
17. Ms. Lewellen told Mr. Crutchfield to stop the inappropriate comments and touching but the offensive conduct continued.
18. Defendant reduced Ms. Lewellen's work hours because of her sex and in retaliation for rejecting and opposing sexual advances and touching by Defendant's managers.
19. On at least one occasion, a general manager of another Love's store also made lewd comments to Ms. Lewellen about her body.
20. Other female employees were also subjected to unwelcome sexual comments and touching by Mr. Crutchfield and other managers.
21. Ms. Lewellen attempted to report the misconduct but was unsuccessful in reaching the district manager.
22. The unlawful conduct alleged above was unwelcome, deliberate and offensive to Ms. Lewellen and would be found by a reasonable person to be deliberate, unwelcome and offensive.
23. The unlawful conduct alleged above was sufficiently severe or pervasive to create a hostile working environment for the Plaintiff-Intervenor Lewellen which altered the terms or conditions of her employment, and Defendant Love's failed to take adequate corrective or remedial action in response to such unlawful conduct, in violation of Title VII and the THRA.
4 Case 3:05-cv-00768 Document 19 Filed 01/05/2006 Page 4 of 7

24. Defendant Love's constructively discharged Ms. Lewellen on or about July 30, 2004 by creating and maintaining an abusive working environment so intolerable that resignation was a fitting response.
25. Defendant Love's did not have a readily accessible and effective policy for reporting and resolving complaints of sexual harassment.
26. As a result of the actions alleged above, Plaintiff-Intervenor Lewellen has suffered and will continue to suffer emotional distress, loss of enjoyment of life, loss of reputation and humiliation.
COUNT I
TITLE VII-SEXUAL HARASSMENT AND CONSTRUCTIVE DISCHARGE 27. Plaintiff-Intervenor Lewellen incorporates and re-alleges Paragraphs 1
through 26 of this Complaint as is fully set forth herein. 28. By the unlawful acts alleged above, Defendant Love's has violated Title
VII and the THRA. 29. As a direct and proximate result of Defendant Love's unlawful acts,
Plaintiff-Intervenor Lewellen has sustained and is reasonably likely to sustain in the future irreparable harm in the form of pecuniary and nonpecuniary losses including but not limited to lost wages and benefits, emotional pain, suffering, inconvenience, humiliation, loss of enjoyment of life, loss of reputation, medical and counseling expenses, and attorneys' fees and expenses.
30. Defendant Love's acted with malice or with reckless indifference to Plaintiff-Intervenor Lewellen's right not to be discriminated against, thus making appropriate an award of punitive damages to punish Defendant Love's and to deter Defendant Love's and others from like conduct. Such malice or reckless indifference is part of a pattern of conduct engaged in by Defendant Love's on other, similar occasions.
5 Case 3:05-cv-00768 Document 19 Filed 01/05/2006 Page 5 of 7

PRAYER FOR RELIEF WHEREFORE, Plaintiff-Intervenor Lewellen prays that this Court enter Judgment pursuant to Title VII and the THRA in her favor and against Defendant Love's and enter an order: a. Declaring all acts described herein in violation of Title VII and the THRA; b. Enjoining and permanently restraining Defendant Love's from continued violation of Title VII and the THRA; c. Directing Defendant Love's to take such affirmative action as is necessary to ensure that the effects of these unlawful practices are eliminated and do not continue to affect P1aintiff-Intervenor Lewellen's employment opportunities; d. Requiring Defendant Love's to compensate, reimburse, and make whole P1aintiff-Intervenor Lewellen for full value of all pecuniary and nonpecuniary damages she has sustained in the past, and is reasonably certain to sustain in the future, including, but not limited to, any and all back pay and benefits, front pay, and any medical and counseling expenses, embarrassment, humiliation, loss of enjoyment of life, potential loss of reputation, and all consequent damages; e. Awarding Plaintiff-Intervenor Lewellen punitive damages in such sum as is appropriate to punish Defendant and to deter Defendant and others from like conduct in the future; f. Awarding Plaintiff-Intervenor Lewellen the costs of this action, prejudgment interest and reasonable attorneys' fees; and g. Such further and other relief as the Court deems just and proper.
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Respectfully submitted,
Is Donna L. Roberts Donna L. Roberts WYATT, TARRANT & COMBS, LLP 2525 West End Avenue, Suite 1500 Nashville, Tennessee 37203 615.244.0020 Counsel for Plaintiff-Intervenor Tracie Lewellen CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been sent via U.S. Mail, postage prepaid to: David P. Knox Ford & Harrison, LLP 795 Ridge Lake Boulevard, Suite 300 Memphis, TN 38120 Counsel for Love's Travel Stops & Country Store, Inc. Celia S. Liner Equal Employment Opportunity Commission 1407 Union Avenue, Suite 621 Memphis, TN 38104 Counsel for Plaintiff Equal Employment Opportunity Commission Executed this 17th day of November, 2005.
Is Donna L. Roberts Donna L. Roberts
45288180.1
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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

TRACIE LEWELLEN and

)

MICHELLE MEDINA,

)

)

Plaintiff-Intervenors,

)

)

v.

)

)

LOVE’S TRAVEL STOPS & COUNTRY

)

STORE, INC.

)

)

Defendant.

)

No. 3:05-CV-00768 JURY DEMAND Judge Aleta Trauger

COMPLAINT OF INTERVENOR MICHELLE MEDINA

Plaintiff-Intervenor Michelle Medina (“Ms. Medina”), by and through her

undersigned attorney, for her cause of action against the Defendant states as follows:

I. NATURE OF COMPLAINT

1. This action is brought by the Equal Employment Opportunity Commission

(“EEOC”) against Love’s Travel Stops & Country Store, Inc. (“Defendant” or “Love’s”)

pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000 et seq.

(“Title VII”) and §1981a to correct unlawful employment practices on the basis of sex.

2. Plaintiff-Intervenor, Michelle Medina is a former employee of Defendant

and was subjected to such unlawful employment practices of Defendant, including sexual

harassment, retaliation and unlawful discharge.

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II. JURISDICTION AND VENUE 3. Plaintiff-Intervenor Medina brings her cause of action pursuant to Title VII and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a and the Tennessee Human Rights Act, T.C.A. §4-21-101 et seq. This Court has jurisdiction pursuant to 28 U.S.C. §1331 as a federal question and pursuant to 28 U.S.C. §1343(4) in protection of civil rights. PlaintiffIntervenor Medina has the statutory right to intervene in the instant action pursuant to §706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1). The Court has jurisdiction over Plaintiff-Intervenor Medina’s pendant state claims pursuant to 28 U.S.C. §1367. 4. Defendant Love’s is an employer within the meaning of §701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h) and the Tennessee Human Rights Act (“THRA”). 5. Plaintiff-Intervenor Medina filed her Charge of Discrimination with the EEOC on July 29, 2004. 6. On September 7, 2005, the EEOC issued a Determination as to the merits of Ms. Medina’s Charge, finding reasonable cause to believe that Defendant violated Title VII by subjecting her and other women to sexual harassment and by terminating Ms. Medina because of her sex and in retaliation for opposing the discrimination. A true and correct copy of the Determination is attached hereto as Exhibit A. 7. On or about September 22, 2005, Ms. Medina received notice that the EEOC’s attempt to conciliate with Love’s had failed. A true and correct copy of the EEOC’s Notice of Conciliation Failure is attached hereto as Exhibit B. 8. Venue is proper in this Court pursuant to 42 U.S.C. §2000e-5 and 28 U.S.C. § 1391(b) because Defendant Love’s maintains a business office in this judicial district
2 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 2 of 8

and a substantial part of the events or omissions giving rise to Plaintiff-Intervenor Medina’s claims occurred in this judicial district.
III. PARTIES 9. Plaintiff-Intervenor Michelle Medina is a resident of the State of Illinois, residing in Oak Forest, Cook County. 10. Plaintiff Equal Employment Opportunity Commission (“EEOC”), the federal agency charged with the administration, interpretation and enforcement of Title VII, brought the instant action pursuant to §706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1), and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 11. Plaintiff-Intervenor Tracie Lewellen intervened in this action pursuant to § 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and the Tennessee Human Rights Act. 12. Defendant Love’s Travel Stops & Country Stores, Inc. (“Defendant” or “Love’s”) is a foreign corporation with its principal place of business located at 10601 N Pennsylvania, Oklahoma City, OK 73120. Defendant is registered with the State of Tennessee under the same name and conducts business in the State of Tennessee under that name.
IV. STATEMENT OF RELEVANT FACTS 13. Defendant Love’s, at all relevant times, operated Love’s Travel Stops & Country Stores, Inc. in Christiana, Rutherford County, Tennessee, and employed Michelle Medina as a cashier. 14. Freddie Crutchfield, at all relevant times, was employed by Defendant Love’s as General Manager of its Christiana, Tennessee store.
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15. Beginning on or before July 7, 2004, and continuing through July 27, 2004, the General Manager of Defendant Love’s made inappropriate unwelcome sexual comments to Ms. Medina including but not limited to lewd comments about her body, and graphic sexual proposals and advances.
16. Beginning on or before June 28, 2004, and continuing through July 26, 2004, the General Manager of Defendant Love’s inappropriately touched Ms. Medina including but not limited to rubbing himself against her and grabbing her on more than one occasion.
17. When Ms. Medina told Mr. Crutchfield to stop the inappropriate comments and touching, Mr. Crutchfield replied, “get used to it, you work at a truck stop” and the offensive conduct continued.
18. Defendant terminated Ms. Medina because of her sex and in retaliation for rejecting and opposing sexual advances and touching by Defendant’s managers.
19. On at least one occasion, a general manager of another Love’s store also made sexual advances towards Ms. Medina.
20. Other female employees were also subjected to unwelcome sexual comments and touching by Mr. Crutchfield and other managers.
21. On or about July 20, 2004, Mr. Crutchfield took statements from three other female employees who complained of sexual harassment by another store manager. Ms. Medina was also subjected to sexual harassment by this manager, but told Mr. Crutchfield that she preferred to speak about her complaints with the district manager, who was scheduled to visit the Murfreesboro store on July 28, 2004. Approximately seven days after telling Mr. Crutchfield that she intended to speak with the district manager and on the day before the district manager was scheduled to be in the store, Mr. Crutchfield terminated Ms. Medina.
4 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 4 of 8

22. The unlawful conduct alleged above was unwelcome, deliberate and offensive to Ms. Medina and would be found by a reasonable person to be deliberate, unwelcome and offensive.
23. Ms. Medina attempted to report the misconduct to the district manager who never returned any of her numerous voicemails.
24. The unlawful conduct alleged above was sufficiently severe or pervasive to create a hostile working environment for the Plaintiff-Intervenor Medina which altered the terms or conditions of her employment, and Defendant Love’s failed to take adequate corrective or remedial action in response to such unlawful conduct, in violation of Title VII and the THRA.
25. Defendant Love’s unlawfully discharged Ms. Medina on July 28, 2004 because of her sex, female, and in retaliation for opposing sexual harassment.
26. Defendant Love’s did not have a readily accessible and effective policy for reporting and resolving complaints of sexual harassment.
27. As a result of the actions alleged above, Plaintiff-Intervenor Medina has suffered and will continue to suffer emotional distress, loss of enjoyment of life, loss of reputation and humiliation.
COUNT I TITLE VII-SEXUAL HARASSMENT AND CONSTRUCTIVE DISCHARGE
28. Plaintiff-Intervenor Medina incorporates and re-alleges Paragraphs 1 through 26 of this Complaint as is fully set forth herein.
29. By the unlawful acts alleged above, Defendant Love’s has violated Title VII and the THRA.
30. As a direct and proximate result of Defendant Love’s unlawful acts, Plaintiff-Intervenor has sustained and is reasonably likely to sustain in the future irreparable
5 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 5 of 8

harm in the form of pecuniary and nonpecuniary losses including but not limited to lost wages and benefits, emotional pain, suffering, inconvenience, humiliation, loss of enjoyment of life, loss of reputation, medical and counseling expenses, and attorneys’ fees and expenses.
31. Defendant Love’s acted with malice or with reckless indifference to Plaintiff-Intervenor Medina’s right not to be discriminated against, thus making appropriate an award of punitive damages to punish Defendant Love’s and to deter Defendant Love’s and others from like conduct. Such malice or reckless indifference is part of a pattern of conduct engaged in by Defendant Love’s on other, similar occasions.
PRAYER FOR RELIEF WHEREFORE, Plaintiff-Intervenor Medina prays that this Court enter Judgment pursuant to Title VII and the THRA in her favor and against Defendant Love’s and enter an order: a. Declaring all acts described herein in violation of Title VII and the THRA; b. Enjoining and permanently restraining Defendant Love’s from continued violation of Title VII and the THRA; c. Directing Defendant Love’s to take such affirmative action as is necessary to ensure that the effects of these unlawful practices are eliminated and do not continue to affect Plaintiff-Intervenor Medina’s employment opportunities; d. Requiring Defendant Love’s to compensate, reimburse, and make whole Plaintiff-Intervenor Medina for full value of all pecuniary and nonpecuniary damages she has sustained in the past, and is reasonably certain to sustain in the future, including, but not limited to, any and all back pay and benefits, front pay, and any medical and counseling expenses, embarrassment, humiliation, loss of enjoyment of life, potential loss of reputation, and all consequent damages;
6 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 6 of 8

e. Awarding Plaintiff-Intervenor Medina punitive damages in such sum as is appropriate to punish Defendant and to deter Defendant and others from like conduct in the future;
f. Awarding Plaintiff-Intervenor Medina the costs of this action, prejudgment interest and reasonable attorneys’ fees; and
g. Such further and other relief as the Court deems just and proper.
Respectfully submitted, /s Donna L. Roberts
Donna L. Roberts STITES & HARBISON, PLLC 424 Church Street, Suite 1800 Nashville, TN 37219 615.782.2200 Counsel for Plaintiff-Intervenor Michelle Medina
7 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 7 of 8

CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been sent via U.S. Mail, postage prepaid to: David P. Knox Ford & Harrison, LLP 795 Ridge Lake Boulevard, Suite 300 Memphis, TN 38120 Counsel for Love’s Travel Stops & Country Store, Inc. Celia S. Liner Equal Employment Opportunity Commission 1407 Union Avenue, Suite 621 Memphis, TN 38104 Counsel for Plaintiff Equal Employment Opportunity Commission Executed this 9th day of January, 2006.
/s Donna L. Roberts Donna L. Roberts
654094:1:NASHVILLE
8 Case 3:05-cv-00768 Document 24-1 Filed 01/09/2006 Page 8 of 8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

TRACIE LEWELLEN,

)

)

Intervening Plaintiff,

)

)

and

)

)

MICHELLE MEDINA,

)

)

Intervening Plaintiff,

)

)

v.

)

)

LOVE'S TRAVEL STOPS & COUNTRY

)

STORES, INC.,

)

)

Defendant.

)

Civil Action No.: 3:05-cv-00768

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission (hereinafter the "Commission") pursuant to §706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et ~, and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, against Defendant, Love's Travel Stops and Country Stores, Inc., (hereinafter the "Defendant").
The Amended Complaint alleges that Defendant violated Section 703(a) of Title VII, 42 U.S.C. § 2000e, et seq., by discriminating against Michelle Medina, Tracie Lewellen and other

Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 1 of 12

female employees because of sex (female) by subjecting them to sexual harassment in the workplace and by discharging Ms. Medina and Ms. Lewellen because of sex and in retaliation for opposing unlawful discrimination. Ms. Medina and Ms. Lewellen subsequently exercised their rights to intervene in this action pursuant to 42 U.S.C. § 2000e-5(f)(1). Defendant has denied all allegations brought by the Commission, Ms. Medina and Ms. Lewellen. The parties, being desirous of settling this action, stipulate to the jurisdiction of this Court.
This Consent Decree does not and shall not constitute a finding upon the merits of the case or an admission by Defendant of any violation of Title VII or any other law, rule, or regulation dealing with or in connection with equal employment opportunities. All parties have consented to the entry of this Decree to avoid the burdens of further litigation.
In the event this proposed Consent Decree is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it IS hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Middle District of Tennessee, Nashville Division, has jurisdiction over the parties and subject matter of this lawsuit, and will retain jurisdiction over this decree for purposes of enforcement and dispute resolution.
2
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II. SCOPE AND DURATION OF DECREE A. This Decree resolves all claims and issues arising out of Charge Nos. 253-200402864 and 250-2004-02896, the Commission's Amended Complaint, the Complaint in Intervention by Michelle Medina and the Complaint in Intervention by Tracie Lewellen. This agreement shall pertain only to matters arising from the aforementioned charges and Complaints and shall not be in any manner dispositive of any other charge pending before an office of the Commission. B. The provisions of this Consent Decree will be effective on the date the Decree is entered by the Court and shall continue to be effective and binding upon the parties to this action for a period of two years from the date of the entry of this Decree.
III. INJUNCTIVE RELIEF A. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant agree not to engage in any employment practice which has the purpose or effect of discriminating against any employee on the basis of sex pursuant to Title VII of the Civil Rights Act of 1964, as amended. B. In accordance with 42 U.S.c. § 2000e, and all other applicable federal and state statutes, Defendant, its officers, agents, employees, and all persons acting in concert with Defendant agree not to retaliate against any person because that person has complained of or otherwise opposed an allegedly discriminatory employment policy or practice, filed a charge with the EEOC or any state or local fair employment practices agency, or participated or cooperated in any proceeding under Title VII, including, but not limited to, the initiation, investigation, litigation, or administration of this case or this Consent Decree.
3
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IV. GENERAL RELIEF
A. Defendant shall review and revise as necessary its anti-harassment policy to
insure that the policy disseminated to employees states at a minimum:
1. A strong and clear commitment to a workplace free of gender and sexual harassment;
2. A clear and complete definition of gender and sexual harassment; 3. A clear encouragement of persons who believe they have been harassed
to report it; 4. A description of the consequences, up to and including termination, that
will be imposed upon violators of the policy; 5. A statement that, to the extent possible, confidentiality will be observed
for persons who report their belief that they have been harassed; 6. An assurance of non-retaliation for persons who report their belief that
they have been sexually harassed, and for anyone who participates in an investigation of such a report; 7. A declaration that harassment by all persons, including management officials, supervisors, vendors, suppliers, third parties, and customers, is prohibited and will not be tolerated; 8. The identification of a specific corporate manager, with telephone number and job title, to whom employees who have been harassed can report the harassment; 9. Assurances that Love's will investigate harassment allegations promptly, fairly and effectively, and that appropriate corrective action will be taken by Love's to eradicate sexual harassment.
B. This policy shall continue to be disseminated to all new employees of Defendant
when hired. Each new employee will be required to read and sign an acknowledgement of this
policy, and Love's will continue to post the policy in a prominent place frequented by and
readily accessible to employees.
C. Defendant shall retain a qualified consultant with specialized knowledge of
employment discrimination law to review and, if necessary, supplement its current mandatory
Love's University general manager training on Love's policies and procedures for eliminating
and preventing gender discrimination, sexual harassment, and retaliation in the workplace. This
4
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training shall be mandatory for new general managers and shall be incorporated in the Love's University training agenda within ninety (90) days of entry of this Decree.
D. The training shall include (1) the subject of what constitutes gender and sexual harassment and retaliation; (2) that Title VII is violated by gender and sexual harassment and retaliation with respect to any terms, conditions or privileges of employment; (3) how to prevent gender and sexual harassment and retaliation and provide a work environment free from unlawful discrimination; and (4) to whom and by what means employees may complain if they feel they have been subjected to gender or sexual harassment or retaliation in the workplace.
E. Defendant shall maintain in its Human Resources Department a record of each person trained pursuant to paragraph C.
V. INDIVIDUAL RELIEF A. This Decree is intended to resolve all claims of the Commission and Plaintiff Intervenors against Defendant, including alleged, back pay, front pay, compensatory and punitive damages, interest, injunctive relief (including, but not limited to, reinstatement), attorneys' fees and costs arising out ofthe issues in this lawsuit. B. In order to resolve all issues and claims of employment discrimination and alleged damages to Ms. Jamie Edwards which arose or could have arisen from the Amended Complaint filed by the Commission, Defendant agrees to pay $42,000.00 (Forty Two Thousand Dollars) in compromise of the disputed claim within ten (10) working days of entry of this Decree. C. In order to resolve all issues and claims of employment discrimination and alleged damages to Ms. Catrina Elvington which arose or could have arisen from the Amended Complaint filed by the Commission, Defendant agrees to pay $27,000.00 (Twenty Seven
5
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Thousand Dollars) in compromise of the disputed claim within ten (10) working days of entry of this Decree.
D. In order to resolve all issues and claims of employment discrimination and alleged damages to Ms. Tracie Lewellen which arose or could have arisen from Charge No. 253-200402896, the Amended Complaint filed by the Commission, and the Complaint in Intervention filed by Ms. Lewellen individually, Defendant agrees to pay $112,250.00 (One Hundred Twelve Thousand Two Hundred Fifty Dollars) in compromise of the disputed claim within ten (10) working days of entry of this Decree.
E. In order to resolve all issues and claims of employment discrimination and alleged damages to Ms. Michelle Medina which arose or could have arisen from Charge No. 253-200402864, the Amended Complaint filed by the Commission, and the Complaint in Intervention filed by Ms. Medina individually, Defendant agrees to pay $72,250.00 (Seventy Two Thousand Two Hundred Fifty Dollars) in compromise of the disputed claim within ten (10) working days of entry of this Decree.
F. A portion of the above amounts paid to Ms. Lewellen and Ms. Medina shall be attributable to alleged back pay, subject to standard withholdings, and for which a Form W-2 shall issue. The remainder shall be reported on IRS Form 1099, and the recipients of such proceeds shall be responsible for tax ramifications, if any, as a result of receiving such funds.
VI. OTHER RELIEF A. Defendant agrees to provide Michelle Medina, Tracie Lewellen, Jamie Edwards and Catrina Elvington neutral reference letters substantially identical to the form attached as Exhibit A. Medina, Lewellen, Edwards and Elvington agree to refer any potential employers to Love's Human Resources Department (1-800-388-0983 #6790) for verification of their
6
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employment at Love's. No mention of the charges of discrimination filed by Ms. Medina or Ms. Lewellen, the participation of Jamie Edwards or Catrina Elvington, or the action filed by the Commission on behalf of these aggrieved employees shall be disclosed as part of any job reference. Pursuant to its existing policy, no individual store employee is authorized by Love's to provide job reference information.
B. Defendant agrees that the personnel files of Mses. Medina, Lewellen, Edwards and Elvington shall not contain: (a) references to any charge of discrimination filed against Defendant that formed the basis of this action; (b) references to their participation in this action; (c) any derogatory document which relates to complaints or investigation of complaints of sexual harassment.
VII. NOTICE A. At all times Defendant shall continue to post and maintain at each of its store locations, in a place conspicuous and accessible to all applicants and employees, the poster summarizing pertinent provisions of Title VII required by Section 711 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-10(a). B. Defendant shall post and maintain at its Christiana store location (#314), in a place conspicuous and accessible to all employees, the notice attached hereto as Exhibit B for the term of this Decree.
VIII. REPORTING REQUIREMENTS A. Within one hundred twenty (120) days of entry of this Decree, Defendant shall provide the Commission with written verification that the requirements under Section IV (General Relief) have been satisfied.
7
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B. Copies of the checks (front and back) to Ms. Edwards and Ms. Elvington shall be mailed to Celia S. Liner, Senior Trial Attorney for the Equal Employment Opportunity Commission, 1407 Union Avenue, Suite 621, Memphis, Tennessee 38104.
C. Love's will submit a report to Celia Liner at the address indicated above, six months after the entry of this decree, and every six months thereafter during the duration of this decree. Each report will describe all complaints received during the six month reporting period from employees of Love's working in the State of Tennessee concerning sexual harassment at work, including the name, home address, and home telephone number (if known) of each employee who complained, the nature ofthe complaint, what action, if any, was taken in response to the complaint, and if no action was taken an explanation of why no action was taken.
IX. ENFORCEMENT If at any time during the duration of this Decree it is alleged that a violation of its terms has occurred, or a dispute arises over its interpretation, prior to taking any action seeking judicial relief to enforce this Decree or resolve any dispute over compliance with its terms, the party claiming an alleged failure to comply will notify the other party in writing of the alleged failure, will afford at least twenty (20) days within which to respond to and/or cure any alleged noncompliance, and will attempt in good faith to informally resolve those concerns. Notice shall be made to undersigned counsel for Defendant and also to Carl Martincich, Director of Human Resources, Love's Travel Stops and Country Stores, Inc., 10601 North Pennsylvania, Oklahoma City, OK 73120.
8
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X. COSTS The parties shall bear their own costs in this action.

19th

September

SO ORDERED THIS _DAY OF _ _ _ _, 2006.

ALETA TRAUGER V·
UNITED STATES DISTRICT JUDGE

9
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BY CONSENT:
FOR DEFENDANT:
DELAINE R. SMITH FORD & HARRISON, LLP 795 Ridge Lake Blvd. Suite 300 Memphis, Tennessee 38120 (901) 291-1500
FOR PLAINTIFF LEWELLEN & FOR PLAINTIFF MEDINA:
~~
DONNA L. ROBERTS BARBARA J. MOSS STITES & HARBISON 424 Church St., Suite 1800 Nashville, Tennessee 37219 (615) 782-2200

FOR PLAINTIFF EEOC: RONALD COOPER General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
A. WILLIAMS, TN BarNo. 011730 Regional Attorney
TERR ECK, TN Bar No. 9346 Supervisory Trial Attorney
CELIA S. LINER, AR Bar. No. 90183 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 (901) 544-0075

10 Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 10 of 12

To Whom It May Concern:

Ms.

was employed with Love's Travel Stops & Country Stores, Inc.

from (Date of Hire) until (Date of Termination) at our store in Christiana,

Tennessee. Her last job was that of (job title) Company policies do not permit us to give

out any other information concerning Ms.

's employment.

Very truly yours,

[Signature] Title: - - - - - - - Love's Travel Stops & Country Stores, Inc.

EXHIBIT A
11
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NOTICE
This Notice is being posted as part of an agreement between the United States Equal Employment Opportunity Commission and Love's Travel Stops & Country Stores, Inc. Federal law requires an employer to maintain a workplace free from harassment based on sex (gender), as well as race, color, religion, national origin, age (40 or older), or disability with respect to working environment or terms and conditions of employment. It is also a violation of Title VII of the Civil Rights Act, 42 U.S.c. §2000e, et seq., to subject any employee to sexual harassment. Love's Travel Stops & Country Stores, Inc. will comply with this Federal law in all respects and will not take any action against employees or applicants for employment because they have exercised their rights under the law. Love's Travel Stops & Country Stores, Inc. does not tolerate or condone sexual harassment against any employee or applicant for employment. Sexual harassment is a violation of company policy as well as federal law. Violation of this company policy by anyone employed by Love's Travel Stops & Country Stores, Inc. will result in disciplinary action up to and including termination.
Title: Love's Travel Stops & Country Stores, Inc.
EXHIBITB
12
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BROWN, CASE-CLOSED
U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:05-cv-00768

Equal Employment Opportunity Commission v. Love's Travel Stops & Country Stores, Inc. Assigned to: District Judge Aleta A. Trauger Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
Equal Employment Opportunity Commission

represented by Celia S. Liner Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0116 Fax: (901) 544-0111 Email: celia.liner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A. Williams Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry L Beck Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 usa (901) 544-0116 Fax: (901) 544-0111 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff Tracie Lewellen
Intervenor Plaintiff Michelle Medina

Adele Rapport Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0113 Fax: (901) 544-0111 TERMINATED: 07/31/2006
Katharine W. Kores Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0116 Email: katharine.kores@eeoc.gov TERMINATED: 03/30/2006
represented by Barbara Jean Moss Stites & Harbison, PLLC 424 Church Street Suite 1800 Nashville, TN 37219-2376 615.782.2200 Fax: 615.782.2371 Email: barbara.moss@stites.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donna L. Roberts Stites & Harbison, PLLC 424 Church Street Suite 1800 Nashville, TN 37219-2376 615.782.2200 Fax: 615.782.2371 Email: donna.roberts@stites.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barbara Jean Moss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Love's Travel Stops & Country Stores, Inc.
V. Intervenor Defendant

Donna L. Roberts (See above for address) ATTORNEY TO BE NOTICED
represented by Delaine R. Smith Ford & Harrison, LLP 795 Ridge Lake Boulevard Suite 300 Memphis, TN 38120 (901) 291-1500 Email: delainesmith@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emily Christin Pera Ford & Harrison, LLP 795 Ridge Lake Boulevard Suite 300 Memphis, TN 38120 (901) 291-1500 Fax: (901) 291-1501 Email: epera@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David P. Knox Ford & Harrison, LLP 795 Ridge Lake Boulevard Suite 300 Memphis, TN 38120 (901) 291-1500 TERMINATED: 03/30/2006
David A. Prather Ford & Harrison, LLP 795 Ridge Lake Boulevard Suite 300 Memphis, TN 38120 (901) 291-1500 Email: dprather@fordharrison.com ATTORNEY TO BE NOTICED

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Love's Travel Stops & Country Stores, Inc.

represented by David A. Prather (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delaine R. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emily Christin Pera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David P. Knox (See above for address) TERMINATED: 03/30/2006

Date Filed 09/30/2005 09/30/2005 11/04/2005
11/04/2005 11/17/2005
11/17/2005 11/17/2005 12/02/2005

#

Docket Text

1 COMPLAINT against Love's Travel Stops & Country Stores, Inc., filed by Equal Employment Opportunity Commission. No summons issued. (rm) (Entered: 10/03/2005)

2 NOTICE of Initial Case Management Conference set for Thursday, 1/5/2006 at 3:00 PM in Room 825 before District Judge Aleta A. Trauger. (rm) (Entered: 10/03/2005)

3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Love's Travel Stops & Country Stores, Inc. waiver signed on 10/17/2005, answer due 12/16/2005. (Liner, Celia) Modified Text on 11/7/2005 (jb). (Entered: 11/04/2005)

Reset Answer Deadline: Love's Travel Stops & Country Stores, Inc. answer due 12/16/05. (jb) (Entered: 11/07/2005)

4 **EXHIBITS NOT ATTACHED - ATTY TO RE-FILE** MOTION to Intervene by Tracie Lewellen. Responses due by 12/5/2005 (Roberts, Donna) Modified text & terminated motion per Atty Roberts on 11/17/2005 (hv). (Entered: 11/17/2005)

5 MOTION to Intervene by Tracie Lewellen. Responses due by 12/5/2005 (Attachments: # 1 Exhibit 1)(Roberts, Donna) (Entered: 11/17/2005)

6 MEMORANDUM in Support of 5 MOTION to Intervene filed by Tracie Lewellen. (Roberts, Donna) (Entered: 11/17/2005)

7 UNOPPOSED MOTION for Extension of Time to Answer or otherwise Respond 1 and memorandum in support thereof by Love's Travel Stops & Country Stores, Inc. Responses due by 12/19/2005. (Prather, David) Modified Text on 12/5/2005 (jb). (Entered: 12/02/2005)

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12/05/2005 12/05/2005 12/23/2005 12/23/2005
12/23/2005 12/23/2005 01/03/2006 01/03/2006 01/04/2006 01/04/2006 01/05/2006
01/05/2006 01/05/2006 01/05/2006 01/05/2006

8 AMENDED COMPLAINT against Love's Travel Stops & Country Stores, Inc., filed by Equal Employment Opportunity Commission.(Liner, Celia) (Entered: 12/05/2005)
9 ORDER granting 7 Deft's Unopposed Motion for Extension of Time until 12/23/05 to Answer or Otherwise Respond to the 1 Complaint. Signed by Judge Aleta A. Trauger on 12/5/05. (jb) (Entered: 12/05/2005)
10 ANSWER to Amended Complaint 8 Love's Travel Stops & Country Stores, Inc. (Prather, David) Modified Text on 12/27/05 (jb). (Entered: 12/23/2005)
11 MOTION for attorney David P. Knox to Appear Pro Hac Vice by Love's Travel Stops & Country Stores, Inc. Responses due by 1/9/06. (Attachment: (1) Proposed Order Granting Motion for Admission Pro Hac Vice) (PHV Fee Paid)(jb) (Entered: 12/23/2005)
12 CERTIFICATE of good standing for David P. Knox from USDC/WD/TN filed by Love's Travel Stops & Country Stores, Inc. (jb) (Entered: 12/23/2005)
13 RECEIPT #108087 in the amount of $75.00 for PHV Fee for David P. Knox posted on 12/23/05. (jb) (Entered: 12/23/2005)
14 ORDER granting 11 Motion for David P. Knox to Appear Pro Hac Vice. Signed by Judge Aleta A. Trauger on 1/3/06. (dt) (Entered: 01/03/2006)
15 PROPOSED CASE MANAGEMENT ORDER filed by Tracie Lewellen. (Roberts, Donna) (Entered: 01/03/2006)
16 MOTION to Intervene by Michelle Medina. Responses due by 1/23/2006 (Attachments: # 1 Exhibit 1)(Roberts, Donna) (Entered: 01/04/2006)
17 MEMORANDUM in Support of 16 MOTION to Intervene filed by Michelle Medina. (Roberts, Donna) (Entered: 01/04/2006)
NOTE TO FILERS: Please remember to add your electronic signature (s/your name) to the signature line of your pleadings; the proposed intervenor complaint does not need to be re-submitted. (hv) (Entered: 01/05/2006)
18 ORDER granting 5 Tracie Lewellen's Motion to Intervene . Signed by Judge Aleta A. Trauger on 1/5/06. (hv) (Entered: 01/06/2006)
19 Intervenor COMPLAINT against deft Love's Travel Stops & Country Store filed by Tracie Lewellen.(hv) (Entered: 01/06/2006)
20 Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 1/5/2006. Case Mgt Order to enter. (Court Reporter none.) (hv) (Entered: 01/06/2006)
21 INITIAL CASE MGT ORDER: Motions to Amend Pleadings due by 3/1/2006. Discovery due by 8/1/2006. Motions due by 10/15/2006, response dd 20 days, optional reply ddl 10 days. Signed by Judge Aleta A. Trauger on 1/5/06. (hv) (Entered: 01/06/2006)

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01/06/2006
01/09/2006 01/09/2006 01/09/2006 01/18/2006 01/18/2006 03/28/2006 03/30/2006 03/30/2006
03/30/2006 03/30/2006 03/31/2006

22 ORDER: Jury Trial set for 2/27/2007 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 2/19/2007 at 1:30 PM before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 2/14/2007. Parties shall also submit to the Court by 2/14/07, the following: witness lists; exhibit lists; stipulations; and expert witness statements. Signed by Judge Aleta A. Trauger on 1/6/05. (dt) (Entered: 01/06/2006)
23 ORDER granting 16 Motion to Intervene. Clerk shall file attached Complaint. Signed by Judge Aleta A. Trauger on 1/9/06. (jb) (Entered: 01/09/2006)
24 Intervenor COMPLAINT, filed by Michelle Medina. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Roberts, Donna) (Entered: 01/09/2006)
25 NOTICE of Appearance by Barbara Jean Moss on behalf of Tracie Lewellen, Michelle Medina (Moss, Barbara) (Entered: 01/09/2006)
26 ANSWER to Intervenor Complaint of Tracie Lewellen 19 by Love's Travel Stops & Country Stores, Inc..(Knox, David) Modified Text on 1/19/06 (jb). (Entered: 01/18/2006)
27 ANSWER to Intervenor Complaint of Michelle Medina 24 by Love's Travel Stops & Country Stores, Inc.(Knox, David) Modified Text on 1/19/06 (jb). (Entered: 01/18/2006)
28 MOTION to Substitute Attorney by Equal Employment Opportunity Commission. Responses due by 4/14/2006 (Attachments: # 1 Proposed Order)(Rapport, Adele) (Entered: 03/28/2006)
29 ORDER granting 28 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katharine W. Kores terminated. Signed by Judge Aleta A. Trauger on 3/30/06. (dt) (Entered: 03/30/2006)
30 MOTION for attorney Emily C. Pera to Appear Pro Hac Vice by Love's Travel Stops & Country Stores, Inc. Responses due by 4/17/06. (Attachment: (1) Proposed Order)(Smith, Delaine) (PHV Fee Paid) Modifed Text on 3/31/06 (jb). Modified on 4/6/06 (jb). (Entered: 03/30/2006)
31 CERTIFICATE OF GOOD STANDING for Emily Christin Pera from USDC/WD/TN filed by Love's Travel Stops & Country Stores, Inc. (Smith, Delaine) Modified Text on 3/31/06 (jb). (Entered: 03/30/2006)
32 NOTICE by Love's Travel Stops & Country Stores, Inc. of Withdrawal and Substitution of Counsel (Smith, Delaine) (Entered: 03/30/2006)
NOTE TO FILER RE: Docket Entry Nos. 30 & 32-These pleadings are scanned documents. Scanning should be used ONLY for documents that do not exist in electronic format on your computer. Examples of documents that may be scanned are certificates of good standing, police reports, executed contracts, or documents that contain signatures other than that of the filing user (see section 8 - "Signatures" of our

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Administrative Practices and Procedures for Electronic Case Filing). (jb) (Entered: 03/31/2006)
33 RECEIPT #109521 in the amount of $75.00 posted on 4/11/06 for PHV Fee re 30 for Emily Pera. (jb) (Entered: 04/12/2006)
34 ORDER granting 30 Motion for Emily C. Pera to Appear Pro Hac Vice for Love's Travel Stops & Country Stores, Inc. Signed by Judge Aleta A. Trauger on 4/13/06. (jb) (Entered: 04/13/2006)
35 Joint MOTION Referral to Magistrate Judge for Mediation and Extension of Discovery Deadline by Tracie Lewellen, Equal Employment Opportunity Commission, Michelle Medina, Love's Travel Stops & Country Stores, Inc., Love's Travel Stops & Country Stores, Inc.. Responses due by 6/23/2006 (Moss, Barbara) (Entered: 06/06/2006)
36 ORDER granting 35 Joint Motion to Refer Case to Magistrate Judge for Mediation and to Extend Discovery Completion Deadline. This case is referred to Magistrate Judge Juliet Griffin for a judicial settlement conference/mediation, to be held on 8/8/06. The Discovery deadline is extended to 9/19/06. All other deadlines remain in place. Signed by Judge Aleta A. Trauger on 6/21/06. (jb) (Entered: 06/21/2006)
37 ORDER: By order 36, this case was referred to the undersigned to conduct a settlement conference on 8/8/06. Settlement Conference is set for 8/8/06 at 9:00 AM in Courtroom 764. By Friday, July 21, 2006, the parties shall deliver under seal, directly to Ms. Jeanne Cox, Courtroom Deputy to the undersigned, or to Mr. Steve Wilson or Ms. Katie Summers, law clerks to the undersigned, or provide by facsimile transmission, ex parte, separate settlement conference statements which shall specify their respective settlement positions. Telephone Conference is set for 7/24/06 at 11:00 AM to be initiated by counsel for the pltf, to address any matters that the parties and/or the Court may have with regard to the conduct of the settlement conference. Signed by Judge Juliet Griffin on 6/22/06. (jb) (Entered: 06/22/2006)
38 MOTION to Allow Insurance Company Representative to Participate in Settlement Conference by Telephone by Love's Travel Stops & Country Stores, Inc.. Responses due by 8/7/2006 (Attachments: # 1 Proposed Order)(Smith, Delaine) (Entered: 07/21/2006)
Minute Entry for proceedings held before Judge Juliet Griffin : Presettlement conference Telephone Conference held on 7/24/2006. (jwc, ) (Entered: 07/26/2006)
39 MOTION to Substitute Attorney (Proposed Order Submitted), MOTION to Withdraw as Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. Responses due by 8/14/2006 Responses due by 8/14/2006 (Liner, Celia) (Entered: 07/28/2006)
40 ORDER: As addressed in the telephone conference call with counsel for the parties on 7/24/06, defendant's Motion to Allow Insurance Company Representative to Participate in Settlement Conference by Telephone 38

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is Denied. A representative of St. Paul Insurance Companies shall appear and participate in person in the settlement conference scheduled on 8/8/06, and shall be prepared to remain at the settlement conference for its duration.Signed by Judge Juliet Griffin on 7/31/06. (dt) (Entered: 07/31/2006)
42 ORDER granting 39 Pltf EEOC's Motion to Withdraw Attorney Adele Rapport and Substitute Counsel Faye A. Williams. Signed by Judge Aleta A. Trauger on 7/31/06. (jb) (Entered: 08/01/2006)
41 NOTICE of Filing by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Liner, Celia) (Entered: 08/01/2006)
Minute Entry for proceedings held before Judge Juliet Griffin : Settlement Conference held on 8/8/2006, order to enter. (jwc, ) (Entered: 08/09/2006)
43 ORDER: Pursuant to the 37 Order, a settlement conference was held on 8/8/06, at the conclusion of which the parties were not able to reach a settlement. However, the parties agreed to continue to explore settlement and engage in discussions between themselves. Telephone Conference is set for 8/14/06 at 11:00 AM, central time, to be initiated by counsel for deft, to address the status of any settlement discussions subsequent to the settlement conference and any remaining potential for settlement. Signed by Judge Juliet Griffin on 8/10/06. (jb) (Entered: 08/10/2006)
Minute Entry for proceedings held before Judge Juliet Griffin : Telephone Conference held on 8/14/2006. (jwc, ) (Entered: 08/14/2006)
44 ORDER: Settlement Conference held on 8/8/06 at the conclusion of which the parties were not able to reach a settlement. Telephone Conference Call was scheduled on 8/14/06, to address any subsequent settlement discussions and whether any potential for settlement remained. On 8/14/06, counsel advised the Court that there would be no further settlement proposals at this time. The Clerk is directed to return the file in this case to the Hon. Aleta A. Trauger. Unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Signed by Judge Juliet Griffin on 8/14/06. (jb) (Entered: 08/15/2006)
45 ORDER RESETTING PRETRIAL CONFERENCE ONLY: Jury Trial is set for 2/27/07 at 9:00 AM in Courtroom 873. Pretrial Conference is reset for 2/23/07 at 1:30 PM. Joint Proposed Pretrial Order due by 2/20/07. Exhibit/Witness List due by 2/20/07. Motions in Limine shall be filed by 2/9/07. Responses shall be filed by 2/20/07. The trial of this case is expected to last 3-4 days. Signed by Judge Aleta A. Trauger on 8/15/06. (jb) (Entered: 08/15/2006)
Minute Entry for proceedings held before Judge Aleta A. Trauger : Telephone Conference held on 8/24/2006. Discovery dispute. (Court Reporter none.) (bb-j, ) (Entered: 08/24/2006)
46 MOTION for Entry of Consent Decree by Tracie Lewellen, Michelle

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Medina. Responses due by 10/5/2006 (Attachments: # 1 Appendix Consent Decree)(Roberts, Donna) (Entered: 09/18/2006)
47 CONSENT DECREE granting Motion for Entry of Consent Decree. This Decree is intended to resolve all claims of the Commission and Pltf Intervenors against Deft, including alleged, back pay, front pay, compensatory and punitive damages, interest, injunctive relief (including, but not limited to, reinstatement), attorneys' fees and costs arising out of the issues in this lawsuit. In order to resolve all issues and claims of employment discrimination and alleged damages deft agrees to pay: Ms. Jamie Edwards $42,000.00; Ms. Catrina Elvington $27,000.00; Ms. Tracie Lewellen $112,250.00; Ms. Michelle Medina $72,250.00; in compromise of the disputed claim within 10 working days of entry of this Decree. The parties shall bear their own costs in this action. See Consent Decree for further details. Signed by Judge Aleta A. Trauger on 9/19/06. (jb) (Entered: 09/19/2006)
48 Docket entry number 47 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 9/19/06 by JB. (jb) (Entered: 09/19/2006)

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