Case 3:05-cv-00691-DPJ-JCS Document 1 Filed 11/17/2005 Page 1 of 5 •

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

BOUIHEAN DISTRICT OF MISSISSIPPI
FILED
NOV 11 2005

EQUAL EMPLOYMENT OPPORTUNITY 1

COMMISSION,

1

1

Plaintiff,

1

1

v.

1

1

HELMERICH & PAYNE INTERNATIONAL 1

DRILLING CO.

1

1

Defendant.

1

1

... c................. OIPUTV IV
CIVIL ACTION # r3/lJor£t/ftJ~'/7), /wJJI}{£I g-1f6~
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action brought under Title VII of the Civil Rights Act of 1964, as amended, to correct unlawful employment practices on the basis of race, African American, and to make whole James Mann, Danny Dodd and other similarly situated individuals who were aggrieved by the unlawful practices. The Defendant, Helmerich & Payne International Drilling Co., discriminated against James Mann, Danny Dodd and a class of similarly situated African American employees by subjecting them to a racially hostile work environment that included harassment which was so severe and pervasive as to affect their terms, conditions and privileges of employment; and Defendant knew or should have known of the harassment, but failed to take prompt and effective remedial action.
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 703(a)(1),

Case 3:05-cv-00691-DPJ-JCS Document 1 Filed 11/17/2005 Page 2 of 5
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 (3) and § 102 ofthe Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful herein were committed within the jurisdiction of the United States District Court for the Southern District of Mississippi, Jackson Division.
PARTIES 3. The 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 § 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1). 4. At all relevant times, the Defendant, Helmerich & Payne Drilling Co., (the "Employer"), has continuously been a corporation doing business in the State of Mississippi, and has continuously had at least fifteen employees. 5. At all relevant times, the Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of §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, charges were filed with the Commission alleging violations of Title VII by the Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On a continuing basis, the Defendant Employer has engaged in unlawful employment practices at its Jackson, Mississippi area facility in violation of §42 U.S.C. § 2000e-2(a)(1), by subjecting James Mann, Danny Dodd and a class of
2

Case 3:05-cv-00691-DPJ-JCS Document 1 Filed 11/17/2005 Page 3 of 5
similarly situated African American employees to a racially hostile work environment. The racial harassment complained of included racial jokes, several hangman's nooses displayed in the work area of African American employees, Mann's sleeping quarters. Moreover, racial threats were made by White co-workers to do bodily harm to several of the African American employees.
8. The effect of the practices complained of in paragraph seven above has been to deprive James Mann, Danny Dodd and a class of similarly situated African American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
9. The unlawful employment practices complained of above were intentional.
10. The unlawful employment practices complained of above were done with malice or reckless indifference to the federally protected rights of the class of African American employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant Employer to make any affirmative relief necessary
3

Case 3:05-cv-00691-DPJ-JCS Document 1 Filed 11/17/2005 Page 4 of 5
to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole James Mann, Danny Dodd
and a class of similarly situated African American employees by providing compensation for past and future pecuniary losses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole James Mann, Danny Dodd and a class of similarly situated African American employees, by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay punitive damages to James Mann, Danny Dodd and a class of similarly situated African American employees in amounts to be determined attrial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in this complaint involving intentional violations of Title VII.
Respectfully submitted, JAMES E. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, Northwest Washington, DC 20507
4

Case 3:05-cv-00691-DPJ-JCS Document 1 Filed 11/17/2005 Page 5 of 5 •
~'W-! u~·
"JAG ELlI'iJE MCNAIR
Acting Regional Attorney PA-42332
~~(~
Supervisory Trial Attorney LA-03741 EUNICE HOLT MORROW Senior Trial Attorney ASB-5267 -064-E EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Suite 2000 1130 - 22nd Street South Birmingham, Al 35205 Telephone Number: 205/212-2065
5

 
 Case 3:05-cv-00691-DPJ-JCS Document 44 Filed 03/20/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VS.
HELMERICH & PAYNE INTERNATIONAL DRILLING COMPANY

PLAINTIFF CIVIL ACTION NO. 3:05cv691-DPJ-JCS
DEFENDANT

ORDER This cause is before the court on Defendant’s motion to compel and Plaintiff’s corresponding motion for protective order. Having considered the motions, the court rules as follows regarding the discovery requests at issue. Interrogatory no. 11: Plaintiff shall respond fully and completely to this interrogatory or, alternatively, state that it is seeking no pecuniary damages. Interrogatory no. 12: Plaintiff shall respond fully and completely to this interrogatory. Request for Production no. 5: Although Plaintiff claims that some responsive documents may be privileged, it is has failed to provide any privilege log for such documents or otherwise identify the specific documents for which it claims privilege and the nature and basis of the privilege. Accordingly, any privilege is deemed waived. Plaintiff shall provide copies of all responsive documents. It is further ordered that Plaintiff shall serve upon Defendant a statement identifying those claimants who claim to have suffered any medical, psychiatric or psychological injury as a result of the actions by Defendant alleged in the complaint. Such statement

Case 3:05-cv-00691-DPJ-JCS Document 44 Filed 03/20/2007 Page 2 of 3
shall also state the name of the physicians, psychologists, or therapists, if any, who treated those claimants for the injury and the dates of such treatment. Whether or not a claimant received treatment for his or her medical, psychiatric, or psychological injury, Plaintiff shall serve, with the statement referenced above, a HIPPA-compliant release for all treatment records relating to medical or psychological treatment of any kind within the past five years received by any claimant claiming medical, psychiatric or psychological injury as a result of Defendant’s actions.
Should Plaintiff allege that there is any material in a claimant’s medical records which should remain confidential, Plaintiff may, as an alternative to providing a release executed by that claimant, procure at its own expense copies of all medical records relating to any medical or psychological treatment received by that claimant during the past five years, review those records, and then, within thirty days of entry of this order, either produce all such records to Defendant or, alternatively, submit them to the court for in camera inspection for a determination of whether portions are irrelevant or whether their relevancy is outweighed by their prejudicial effect. As to any records submitted for in camera inspection, Plaintiff shall clearly identify the specific portions of such records which it seeks to protect from discovery and for each such portion, shall make a specific argument as to why that portion should not be produced.
It is further ordered that the parties shall present to the undersigned an agreed qualified HIPAA protective order covering the release of the medical information referenced above.
Defendant’s motion to compel is denied as to Requests for production nos. 6, 7, 8 and 9.

Case 3:05-cv-00691-DPJ-JCS Document 44 Filed 03/20/2007 Page 3 of 3
All responses and documents required by this order shall be served within ten days of entry of this order unless stated otherwise herein.
The motions are in all other respects denied. SO ORDERED this the 20th day of March, 2007.
/s/ James C. Sumner ______________________________________ UNITED STATES MAGISTRATE JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

v.

CIVIL ACTION No. 3:05-CV-691-DPJ-JCS

HELMERICH & PAYNE INTERNATIONAL DRILLING COMPANY

DEFENDANT

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (“EEOC” or “Commission”) and

Defendant Helmerich & Payne International Drilling Co. (“H&P”), having participated in a

settlement conference under the supervision of the Court, do voluntarily agree to the entry of this

Consent Decree, subject to approval by the Court.

A. The Equal Employment Opportunity Commission, (“EEOC” or the “Commission”),

brought this claim on December 12, 2005 against Helmerich & Payne International Drilling

Company (“H&P”) under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

Section 2000e-2(a)(1) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a.

EEOC alleges that Defendant H&P discriminated against Danny Dodd, James Mann and other

similarly situated African American employees who worked on offshore platform rig 108 for the

period 2000 through 2002 by subjecting them to a racially hostile work environment and racial

harassment. Upon completion of discovery, the EEOC determined that five persons, in addition

to Mann and Dodd, were members of the class of similarly situated African Americans and

voluntarily dismissed all other persons originally named by the EEOC during discovery. The

class members are Alvin Johnson, Frank Boyd, Maurice Stewart, Antonio Harrington (also known as Antonio Herrington), and Adolph Vivians.
B. Defendant H&P answered the Complaint, denying all allegations of racial discrimination, a racially hostile work environment, and racial harassment. H&P also denied that the EEOC, James Mann, Danny Dodd, or any similarly situated African American employees were entitled to any relief sought by the complaint, including damages of any kind and injunctive relief.
C. Nothing in this Consent Decree shall be an admission or be deemed an admission by H&P that it has at any time, in any place, or in any manner violated Title VII of the Civil Rights Act of 1964, Section 102 of the Civil Rights Act of 1991, or any other federal or state civil rights act, or engaged in racial discrimination or racial harassment or retaliation of any kind, or permitted or created a racially hostile work environment.
D. The parties, aware of the risks, uncertainties, and costs of continuing this litigation, voluntarily enter this Consent Decree to settle this lawsuit.
E. This Consent Decree is intended to resolve all issues arising from the complaint filed by the EEOC in this lawsuit. This Consent Decree is the complete and final agreement between the EEOC and H&P with respect to resolution of the EEOC’s complaint in this lawsuit and EEOC Charges of Discrimination Nos. 131-A2-01580 and 131-A3-00034, which were the basis for the EEOC’s lawsuit. The EEOC and H&P agree that this Consent Decree resolves all charges of racial discrimination, racial harassment, racially hostile work environment, and retaliation asserted in this lawsuit by the EEOC on behalf of African American employees of H&P who worked on H&P rig 108 during the period 2000 through 2002. Subject to the Court’s retention of jurisdiction to enforce this Consent Decree, the EEOC shall dismiss with prejudice

508986-1

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its complaint, including any causes of action by James Mann and Danny Dodd and a class of similarly situated African Americans who worked on H&P offshore platform rig 108 during the period 2000 through 2002.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. This Court has jurisdiction over the parties and the subject matter of this action under 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. 2. This Consent Decree shall become effective upon its entry by the Court and its term shall commence from the date of entry. The duration of the term of the Consent Decree shall be two years from the date of its entry. For the duration of this Consent Decree, the Court shall retain jurisdiction over the subject matter of this lawsuit and the parties, including all class members, for the enforcement of this Consent Decree to enforce this settlement. The Consent Decree shall automatically expire two years after its entry without the need for filing any further orders. 3. In consideration of the settlement and dismissal with prejudice of this lawsuit and entry of this Consent Decree, H&P shall pay the total sum of Two Hundred Ninety Thousand Dollars ($290,000.00) to be apportioned among James Mann, Danny Dodd, Alvin Johnson, Frank Boyd, Maurice Stewart, Antonio Harrington, and Adolph Vivians (the “Named Class Members”). The EEOC shall obtain fully executed releases from all Named Class Members in the form attached as Exhibit “A” to this Consent Decree. Within five business days of obtaining all seven fully executed releases, the EEOC shall notify counsel for H&P in writing of the dollar amounts to be apportioned among the Named Class Members, their social security numbers, and their current addresses. Within five business days of receipt from the EEOC of the above information, H&P shall forward a separate check for their apportioned amount directly to

508986-1

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each Named Class Member at the address provided by the EEOC. These payments represent settlement of compensatory damages, and H&P shall issue forms 1099 for these payments to each Named Class Member on or before January 31, 2008. Within three business days of mailing the checks to the Named Class Members, H&P shall provide a copy of the checks with any correspondence to the Regional Attorney of the Commission’s Birmingham District Office at 1130 22nd Street South, Suite 2000, Birmingham, Alabama 35205 and within three days of receipt of copies of the checks from H&P, the EEOC shall provide to counsel for H&P all seven of the fully executed original releases of all Named Class Members.
4. H&P’s revised written policy against racial harassment and discrimination is attached as Exhibit “B” to this Consent Decree. H&P shall maintain this policy in effect for the duration of this Consent Decree. If H&P changes its policy against racial harassment, H&P must notify the EEOC in writing of the changes before effecting such changes.
5. Within thirty (30) days of the entry of this Consent Decree, H&P shall redistribute its racial harassment policy to all operations managers, superintendents, tool pushers, drillers, and crane operators and all other employees who work on H&P’s offshore platform rigs in the Gulf of Mexico.
6. Within thirty (30) days of entry of this Consent Decree, H&P shall post the policy against racial harassment on all its offshore platform rigs located in the Gulf of Mexico and post the policy against racial harassment in a public place visible to all employees in its office located in Pearl, Mississippi. During orientation of new hires for its offshore platform rigs in the Gulf of Mexico, new hires shall be provided a copy of the policy and shall be compensated for the time necessary to read this policy.

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7. Within thirty (30) days of entry of this Consent Decree and for the duration of this Consent Decree, Defendant H&P shall post the Notice attached as Exhibit “C” to this Consent Decree on all its offshore platform rigs in the Gulf of Mexico in a place frequented by its employees on the offshore platform rigs. The notice shall be legible and in a type style and size easily read.
8. During October, 2007, and once a year thereafter, H&P shall provide training on race discrimination, harassment, and retaliation to all its operations managers, superintendents, toolpushers, drillers, crane operators, and human resource personnel with direct responsibility for its offshore platform rigs in the Gulf of Mexico.
9. Within ten (10) business days of the conclusion of training required in Paragraph 8 of this Consent Decree, H&P shall submit to EEOC the dates the training was conducted; copies of the materials used; the name(s), address(es), qualifications of the person(s) or entities conducting the training; and a registry of H&P personnel attending the training.
10. Within six (6) months of the entry of this Consent Decree, H&P shall submit written confirmation to the EEOC that (i) the Notice required in paragraph seven of this Decree was posted and the locations where it was posted and (ii) the policy required in paragraph six was distributed to each current and new employee and posted.
11. H&P’s revised policy, attached as Exhibit “B,” provides that if a supervisor does not address a complaint of racial harassment to an aggrieved employee’s satisfaction, the aggrieved employee must notify in writing the Director of Human Resources in Tulsa, Oklahoma, and must provide the names of all his supervisors to whom he reported his complaint. When reporting a complaint in writing is required by this provision of the Consent Decree, it shall be sufficient if such report is made by email. Defendant H&P shall maintain all such reports from aggrieved

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employees. Defendant H&P shall provide to the Regional Attorney of the Commission’s Birmingham District Office t 1130 22nd Street South, Suite 2000, Birmingham, Alabama 35205, beginning six months from the date of entry of the Consent Decree and thereafter every six months for the duration of the Consent Decree, a narrative summary of each complaint of racial harassment made by aggrieved employees with the Director of Human Resources together with a statement from H&P regarding the resolution of each such complaint.
12. The Commission, upon reasonable notice to H&P and subject to safety and weather conditions, shall have the right to enter and inspect Defendant’s offshore platform rigs in the Gulf of Mexico and to attend training to ensure compliance with this Decree and Title VII's prohibition of race, race, and religious discrimination, as well as retaliation. The Commission will not unreasonably interfere with Defendant’s business during such inspections.
13. Defendants will not condition the receipt of the individual relief on a claimant's agreement to: (a) maintain as confidential the terms of this Consent Decree; (b) or waive any right by any Named Class Members to apply for a position with Defendant.
14. The EEOC, the Named Class Members, and H&P shall bear their respective costs and attorneys’ fees incurred as a result of this action through the filing of this Consent Decree.
15. On September 26, 2007, Keith L. Gates filed a Notice of Attorney’s Lien in this cause, alleging that Gates is entitled to a contingency fee based upon amounts paid in settlement to both James Mann and Danny Dodd. Notwithstanding paragraph 3 of this Consent Decree, Defendant H&P shall pay all settlement funds allocated to James Mann and Danny Dodd into the Court, as the Court directs, to be held by the Court until the Court determines the validity and amount, if any, of an attorney’s lien by Mr. Gates.

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SO ORDERED this 9th day of October, 2007.

/S/ James C. Sumner UNITED STATES MAGISTRATE JUDGE

Agreed to by counsel for the parties:
For HELMERICH & PAYNE INTERNATIONAL DRILLING CO:
/s/_Holmes S. Adams____________ Holmes S. Adams Mississippi Bar No. 1126 ADAMS and REESE LLP 111 East Capitol Street, Suite 350 Post Office Box 24297 Jackson, Mississippi 39225-4297 Telephone: 601-353-3234 Fascimile: 601-355-9708
For EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD COOPER GENERAL COUNSEL
JAMES LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
/s/_Emanuel Smith____________ C. EMANUEL SMITH (MB #7473) REGIONAL ATTORNEY
/s/__Julie Lee________________ JULIE S. LEE (DC #433292) SUPERVISORY TRIAL ATTORNEY

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EUNICE MORROW (AL ASB-5267-064E) Senior Trial Attorney
/s/ __ Ermea J. Russell ________
ERMEA J. RUSSELL (MB #5739) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office 1130 22nd Street South Suite 2000 Birmingham, AL 35205 (205) 212-2062

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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VS.
HELMERICH & PAYNE INTERNATIONAL DRILLING COMPANY

PLAINTIFF CIVIL ACTION NO. 3:05cv691-DPJ-JCS
DEFENDANT

ORDER This cause is before the court on the motion of Keith L. Gates for a determination of attorneys’ fees. The parties have consented to jurisdiction of the undersigned in ruling on the motion. Having considered the submissions of counsel, the court finds and rules as follows. This is an action for employment discrimination brought by the EEOC on behalf of James Mann, Danny Dodd, and other African-American employees of Defendant. Mann filed a Charge of Discrimination with the EEOC on July 24, 2002; Dodd filed his Charge on September 5, 2002. The EEOC concluded its investigation of the two charges and issued Letters of Determination on September 30, 2003. Mann and Dodd retained Gates to represent them on October 20, 2003. Thereafter, Gates investigated their claims, participated in a conciliation conference with the EEOC in November of 2003, and participated in settlement discussions. In early November of 2005 the EEOC notified Gates that it intended to file suit on the discrimination charges. Shortly thereafter, Mann and Dodd notified Gates that they would no longer need his services as their attorney.

The EEOC then filed the present action, which was ultimately resolved by entry of a consent decree. Under the terms of the settlement, Mann and Dodd will each receive $100,000. Prior to entry of the consent decree, Gates filed a notice of attorneys lien, asserting his entitlement to a portion of the settlement proceeds to be received by Mann and Dodd. The issue presently before the court is the amount of the settlement proceeds to be paid to Gates for his services.
Gates initially asserted entitlement to 33 1/3 of the settlement proceeds pursuant to the terms of the contingent fee agreements with Mann and Dodd plus attorney’s fees at his hourly rate; however, after Mann and Dodd objected that he was entitled to only the reasonable value of his services, Gates abandoned his request for a contingent fee. In support of his claim for fees, Gates has submitted an affidavit with accompanying time sheets showing that he performed 113.9 hours of work for each client at a rate of $200 per hour. Gates requests the full amount reflected by these time sheets; thus, he seeks fees in the amount of $22,780 for each client, for a total of $45,560.
Attorneys’ fees determinations in this circuit are made using the “lodestar” analysis. Forbush v. J.C. Penney Co., 98 F.3d 817, 821 (5th Cir. 1996). The lodestar is the product of the number of hours reasonably expended multiplied by the attorney’s reasonable hourly rate. Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 324 (5th Cir. 1994). The lodestar amount is presumed reasonable, but may in exceptional cases be adjusted up or down in light of the twelve Johnson factors.1 Watkins v. Fordice, 7 F.3d 453, 457
1The twelve Johnson factors are as follows: (1) The time and labor involved; (2) the novelty and difficulty of the issues presented; (3) the skill required; (4) the extent to which other employment was precluded by the representation; (5) the attorney’s customary fee;
2

(5th Cir. 1993). The party asserting entitlement to fees has the burden of establishing the reasonableness of the fees sought and the necessity of the hours worked and the rate charged. Smith v. United Nat’l Bank-Denton, 966 F.2d 973, 978 (5th Cir. 1992).
One component of the reasonableness showing required of one seeking a fee is proof that the attorney exercised “billing judgment” in writing off unproductive, excessive or redundant hours. See Walker v. HUD, 99 F.3d 761, 770 (5th Cir. 1996). To say that the time entries accompanying Gates’ affidavit do not reflect the use of billing judgment would be an understatement. The entries reflect hours that are excessive, unreasonable, and, in some cases, simply not credible. For example, they reflect 26 hours spent in client consultations, 30 hours in researching discrimination law, 20 hours in researching hangman’s noose cases, 20 hours researching the settlement value of the cases, and 20 hours researching EEOC procedures. After carefully reviewing these time sheets and Gates’ explanations of the nature of the work performed, the court concludes that Gates reasonably expended 4 hours in client consultation, 8 hours in research, 20 hours in preparation for, traveling to and attending EEOC conciliation conferences and attempting to settle the case, and 4 hours in general review of the file and phone conferences with the EEOC. Thus, the court finds that a total of 36 hours were reasonably expended in representing Mann and Dodd.
Gates’ time sheets reflect an hourly rate of $200 per hour. Gates does not state in
(6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or circumstances; (8) the amount and results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case; (11) the nature and length of the professional relationship; and (12) awards in similar cases. Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974).
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his affidavit that this is his usual and customary rate, but the court assumes that this is the case. Mann and Dodd maintain that this is not a reasonable rate, but they have offered no evidence of prevailing rates in the legal community in which Gates practices. In the absence of any evidence to the contrary, the court assumes that Gates’ rate is reasonable.
The lodestar amount is to be adjusted only in exceptional circumstances. Neither Gates nor Mann and Dodd have established that any exceptional circumstances warrant an adjustment. Accordingly, the court finds that the lodestar amount represents a reasonable fee for the work actually performed by Gates in representing Mann and Dodd.
For the reasons stated herein the court finds that the Gates is entitled to a total fee of $7,200, to be divided evenly between the settlement proceeds for Mann and Dodd.
This the 1st day of July, 2008. /s/ James C. Sumner UNITED STATES MAGISTRATE JUDGE
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 Case 3:05-cv-00691-DPJ-JCS Document 86 Filed 07/16/08 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

V.

CIVIL ACTION NO. 3:05-CV-691-DPJ-JCS

HELMERICH & PAYNE INTERNATIONAL DRILLING COMPANY

DEFENDANT

AGREED ORDER

This cause is before the Court on the Motion for Disbursement of Settlement

Funds. This claim arises from the settlement of an EEOC action. The settlement

proceeds of $200,000.00 have been deposited into the registry of the Court, pending a

determination of the Motion for Attorney fees. The settlement provides for Danny Dodd

and James Mann to each receive $100,000.00.

On July 1, 2008, the Court entered an Order awarding Gates attorney fees of

$7,200.00, to be paid equally by Dodd and Mann. The Court finds that the Clerk of the

Court should issue the following checks:

1. To Keith L. Gates, Esq. - $ 7,200.00;

2. To Danny Dodd

- $ 96,400,00;

3. To James Mann

- $ 96,400.00.

IT IS THEREFORE, ORDERED AND ADJUDGED, that the Clerk of the Court

shall issue checks as follows from the proceeds deposited in the registry of the Court in

this cause:

1. Keith L. Gates, Esq. - $ 7,200.00;

2. Danny Dodd

- $ 96,400,00;

1

Case 3:05-cv-00691-DPJ-JCS Document 86 Filed 07/16/08 Page 2 of 2

3. James Mann

- $ 96,400.00;

4. Any accumulated interest on the funds shall be issued in a check payable

jointly to Dodd and Mann.

The checks to Mann and Dodd shall provided to D. L. Jones, Jr., to be delivered

to the payees. Mr. Gates’ check shall be delivered to him. The Clerk of the Court shall

notify counsel for the respective parties when the checks are available.

ORDERED AND ADJUDGED, this the 16th day of July, 2008.

APPROVED:

/s/ James C. Sumner UNITED STATES MAGISTRATE JUDGE

s/Keith L. Gates KEITH L. GATES, ESQ. (Signature affixed with permission of Mr. Gates)
PREPARED AND SUBMITTED BY:

s/D.L. Jones, Jr D.L. JONES, ESQ., ATTORNEY FOR DANNY DODD AND JAMES MANN

2

 
 Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 1 of 10
CLOSED,JCS,JURY,TRIAL_SET
U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:05−cv−00691−DPJ−JCS

Equal Employment Opportunity Commission v. Helmerich & Payne International Drilling Company Assigned to: District Judge Daniel P. Jordan, III Referred to: Magistrate Judge James C. Sumner Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 11/17/2005 Date Terminated: 10/09/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Equal Employment Opportunity Commission

represented by Ermea J. Russell THE RUSSELL LAW FIRM, PLLC P. O. Box 24561 Jackson, MS 39225 601/968−0048 Fax: 601/968−0042 Email: erusslaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacqueline McNair−Federal Gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION − Birmingham Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205−2881 205/212−2065 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julie Steptoe Bean−Federal Gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION − Birmingham Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205−2881 205/212−2076 Fax: 205/212−2105 Email: julie.bean@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mildred Byrd−Federal Gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION−Birmingham Birmingham District Office Ridge Park Place 1130 − 22nd St., South, Ste. 2000 Birmingham, AL 30205−2886 205/731−1297 TERMINATED: 05/11/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

C. Emanuel Smith−Federal Gov EQUAL EMPLOYMENT

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 2 of 10
OPPORTUNITY COMMISSION − Birmingham Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205−2881 205/856−2224 Fax: 205/212−2041 Email: emanuel.smith@eeoc.gov ATTORNEY TO BE NOTICED
Eunice H. Morrow−Federal Gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION−Birmingham Birmingham District Office Ridge Park Place 1130 − 22nd St., South, Ste. 2000 Birmingham, AL 30205−2886 205/731−1297 Email: eunice.morrow@eeoc.gov ATTORNEY TO BE NOTICED
Mason D. Barrett−Federal Gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION − Birmingham Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205−2881 205/212−2100 Email: mason.barrett@eeoc.gov TERMINATED: 08/30/2007 ATTORNEY TO BE NOTICED

V. Defendant Helmerich & Payne International Drilling Company
Interested Party Attorney Keith L Gates
Interested Party

represented by Holmes S. Adams ADAMS AND REESE, LLP − Ridgeland 1018 Highland Colony Parkway Suite 800 Ridgeland, MS 39157 601/292−0723 Fax: 601/355−9708 Email: holmes.adams@arlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keith L. Gates ABBOTT, SIMSES & KUCHLER, APLC − Jackson 210 East Capitol Street, Suite 1090 Jackson, MS 39201 601/352−9393 Fax: 601/352−9066 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 3 of 10

James Mann

represented by D. L. Jones , Jr. JONES LAW FIRM 860 E. River Place, Ste. 102 Jackson, MS 39202−3442 601/352−4418 Fax: 601/352−4410 Email: dljones@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party Danny Dodd

represented by D. L. Jones , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Movant Danny Dodd TERMINATED: 01/07/2008
Movant James Mann TERMINATED: 01/07/2008

represented by D. L. Jones , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by D. L. Jones , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/17/2005 12/12/2005 12/12/2005 12/13/2005 01/13/2006 02/21/2006 02/24/2006 03/09/2006 04/06/2006

# Docket Text
1 COMPLAINT against Helmerich & Payne International Drilling Company , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cwl, Deputy Clerk) (Entered: 11/17/2005)
2 Summons Returned Unexecuted by Equal Employment Opportunity Commission on 12/12/05, summons was inadvertently served with out the Clerk's seal, as to Helmerich & Payne International Drilling Company. (lbt) (Entered: 12/12/2005)
Alias Summons Issued as to Helmerich & Payne International Drilling Company. (lbt) (Entered: 12/12/2005)
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission, by serving Carlene Collins as to Helmerich & Payne International Drilling Company served on 12/12/2005, answer due 1/1/2006. (lbt) (Entered: 12/14/2005)
4 ANSWER to Complaint by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 01/13/2006)
Judge James C. Sumner added. Judge Alfred G. Nicols no longer assigned to case, pursuant to Administrative Order signed by Chief Judge Wingate on January 30, 2006. (cwl, Deputy Clerk) (Entered: 02/24/2006)
5 Rule 16.1(A) Initial Order Telephonic Case Management Conference set for 3/21/2006 10:30 AM before Magistrate Judge James C. Sumner. (wg, ) (Entered: 02/24/2006)
Set/Reset Hearings: Telephonic Case Management Conference reset for 4/13/2006 09:30 AM before Magistrate Judge James C. Sumner by agreement of the parties. (wg, ) (Entered: 03/09/2006)
6 NOTICE of Service of Disclosure by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 04/06/2006)

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 4 of 10

04/13/2006 04/13/2006
04/13/2006 04/13/2006 04/17/2006 07/11/2006 07/28/2006 08/30/2006 08/31/2006 08/31/2006 08/31/2006
10/04/2006
10/09/2006 10/09/2006 10/17/2006 10/23/2006 10/30/2006 11/16/2006

Minute Entry for proceedings held before Judge James C. Sumner : Telephonic Case Management Conference held on 4/13/2006. (wg, )(20) (Entered: 04/13/2006)
7 SCHEDULING ORDER: Final Pretrial Conference set for 4/13/2007 09:00 AM before District Judge William H. Barbour Jr.. Amended Pleadings due by 5/12/2006. Discovery due by 12/7/2006. Designate Experts Plaintiff Deadline due by 9/7/2006. Designate Experts for Defendant Deadline due by 10/9/2006. Jury Trial set for 5/7/2007 09:00 AM before District Judge William H. Barbour Jr.. Joinder of Parties due by 5/12/2006. Motions due by 12/22/2006. Signed by Judge James C. Sumner on April 13, 2006. (wg, ) Additional attachment(s) added on 4/13/2006 (wg, ). (Entered: 04/13/2006)
DOCKET ANNOTATION as to #7. Complete PDF document not attached. Deleted and added complete PDF document. (wg, ) (Entered: 04/13/2006)
8 NOTICE of Service of Initial Disclosures by Equal Employment Opportunity Commission (Morrow, Eunice) (Entered: 04/13/2006)
DOCKET ANNOTATION as to #8; attorney to refile with proper signature and modify the description of document. (sec, ) (Entered: 04/17/2006)
9 NOTICE of Service of Disclosure by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 07/11/2006)
10 NOTICE of Service of Interrogatories by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 07/28/2006)
11 NOTICE of Service of Response to Interrogatories by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 08/30/2006)
12 NOTICE of Service of Interrogatories by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 08/31/2006)
13 NOTICE of Service of Request for Production by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 08/31/2006)
14 ORDER REASSIGNING CASE. Case reassigned to Judge Daniel P. Jordan III for all further proceedings. Judge William H. Barbour, Jr no longer assigned to case. Signed by Judge William H. Barbour Jr. on 8/31/06. (cwl, Deputy Clerk) (Entered: 09/01/2006)
Due to CM/ECF requirements, the Court must re−set pretrial and trial dates in the system upon receiving transferred cases. The parties are notified that all previously existing deadlines will remain the same in this civil action. HOWEVER, the pretrial conference and trial dates have been moved due to conflicts on the Courts calendar. If any party has a preexisting conflict with the new dates, they must notify the Court in writing within 10 daysJury Trial set on the 6/4/2007 calendar, and Pretrial Conference set for 5/11/2007 before District Judge Daniel P. Jordan III. (Nelson, Ann) (Entered: 10/04/2006)
15 First Designation of Experts by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 10/09/2006)
16 First Designation of Experts by Helmerich & Payne International Drilling Company. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3)(Adams, Holmes) (Entered: 10/09/2006)
17 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 10/17/2006)
18 MOTION for Extension of Time to Complete Discovery and Extend Motions Deadline by Equal Employment Opportunity Commission. (Morrow, Eunice) (Entered: 10/23/2006)
19 NOTICE to Take Deposition of Defendant's FRCP 30(b)(6) Representative by Equal Employment Opportunity Commission.(Barrett, Mason) (Entered: 10/30/2006)
TEXT ONLY ORDER granting 18 Motion for Extension of Time to Complete Discovery to the extent that the discovery deadline is reset to January 26, 2007 and the dispositive motion deadline is reset to February 9, 2007.. Signed by Judge James C.

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11/16/2006 11/21/2006 12/05/2006 12/15/2006
01/10/2007 01/10/2007
01/10/2007
02/02/2007 02/02/2007 02/02/2007 02/02/2007 02/02/2007 02/08/2007 02/08/2007 02/13/2007 02/14/2007 02/14/2007 02/14/2007 02/14/2007

Sumner on November 16, 2006. NO FURTHER WRITTEN ORDER TO ISSUE. (DCL, ) (Entered: 11/16/2006)
Set/Reset Scheduling Order Deadlines: Discovery due by 1/26/2007. Motions due by 2/9/2007. (DCL, ) (Entered: 11/16/2006)
20 NOTICE of Service of Disclosure by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 11/21/2006)
21 NOTICE of Service of Disclosure by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 12/05/2006)
22 NOTICE to Take Deposition s of Danny Dodd, James Mann, Antonio Harrington, Adolph Vivians, Alvin Johnson, Billy Lewis, Calvin Leflore, James Hutchins, Oscar Fortune, Johnny Fortune, Sean Lewis, Jerry Mitchell, Frank Boyd, Gary King by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 12/15/2006)
Ore Tenus Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission, Helmerich & Payne International Drilling Company. (dfk, ) (Entered: 01/10/2007)
Text−only ORDER granting Joint Ore Tenus Motion for Extension of Time to Complete Discovery. The deadlines are extended as set forth in the separate docket entry of this date. Signed by Judge James C. Sumner on 1/10/07. (No further written order will be issued.) (dfk, ) (Entered: 01/10/2007)
Set Deadlines/Hearings: Discovery to be completed by 3/7/2007. Motions, other than in limine, to be served by 4/6/2007. Final Pretrial Conference set for 8/10/2007 before District Judge Daniel P. Jordan III. Jury Trial set for term of court beginning 9/4/2007 before District Judge Daniel P. Jordan III. (dfk, ) (Entered: 01/10/2007)
23 NOTICE of Service of Interrogatories by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 02/02/2007)
24 NOTICE of Service of Request for Production by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 02/02/2007)
DOCKET ANNOTATION as to #23 Notice of Service of Interrogatories and 24 Notice of Service of Request for Production. Damaged pdf documents. Attorney to re−file pleadings. (cwl, Deputy Clerk) (Entered: 02/02/2007)
25 NOTICE of Service of Interrogatories by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 02/02/2007)
26 NOTICE of Service of Request for Production by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 02/02/2007)
27 MOTION to Compel Discovery by Helmerich & Payne International Drilling Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Adams, Holmes) (Entered: 02/08/2007)
28 NOTICE of Motion by Helmerich & Payne International Drilling Company re 27 MOTION to Compel Discovery (Adams, Holmes) (Entered: 02/08/2007)
29 MOTION to Amend/Correct 27 MOTION to Compel Discovery Addendum to Motion to Compel Discovery by Helmerich & Payne International Drilling Company. (Adams, Holmes) (Entered: 02/13/2007)
30 NOTICE to Take Deposition of Hardy Saranthus by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 02/14/2007)
31 NOTICE to Take Deposition of Robert Jolly by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 02/14/2007)
32 NOTICE to Take Deposition of Sydney Poole by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 02/14/2007)
33 NOTICE to Take Deposition of Ron Fullerton by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 02/14/2007)

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 6 of 10

02/20/2007 02/23/2007 02/26/2007
03/05/2007
03/06/2007 03/06/2007
03/07/2007 03/07/2007 03/07/2007 03/07/2007 03/20/2007 03/20/2007
03/20/2007 03/20/2007 03/20/2007 03/21/2007 04/02/2007

34 NOTICE to Take Deposition of Leon Huddleston by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 02/20/2007)
35 NOTICE to Take Deposition of Maurice Stewart by Helmerich & Payne International Drilling Company.(Adams, Holmes) (Entered: 02/23/2007)
36 RESPONSE in Opposition re 27 MOTION to Compel Discovery, 29 MOTION to Amend/Correct 27 MOTION to Compel Discovery Addendum to Motion to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Morrow, Eunice) (Entered: 02/26/2007)
37 REPLY to Response to Motion re 27 MOTION to Compel Discovery, 29 MOTION to Amend/Correct 27 MOTION to Compel Discovery Addendum to Motion to Compel Discovery, 36 Response in Opposition to Motion, filed by Helmerich & Payne International Drilling Company. (Adams, Holmes) (Entered: 03/05/2007)
38 MOTION for Extension of Time to Complete Discovery for limited purpose of analysis of damages information not yet provided by plaintiff by Helmerich & Payne International Drilling Company. (Adams, Holmes) (Entered: 03/06/2007)
39 NOTICE of Motion by Helmerich & Payne International Drilling Company re 38 MOTION for Extension of Time to Complete Discovery for limited purpose of analysis of damages information not yet provided by plaintiff (Adams, Holmes) (Entered: 03/06/2007)
40 MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order HIPAA Order)(Morrow, Eunice) (Entered: 03/07/2007)
41 NOTICE of Motion for Protective Order by Equal Employment Opportunity Commission (Morrow, Eunice) (Entered: 03/07/2007)
42 NOTICE of Service of Disclosure by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 03/07/2007)
43 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 03/07/2007)
44 ORDER terminating 29 Motion to Amend/Correct, granting in part and denying in part 40 Motion for Protective Order, granting in part and denying in part 27 Motion to Compel . Signed by Judge James C. Sumner on 3/20/07. (dfk, ) (Entered: 03/20/2007)
Text−only ORDER granting in part and denying in part 38 Motion for Extension of Time to Complete Discovery . The discovery deadline is hereby extended to April 23, 2007 for the limited purpose of analysis of damages information and service of expert reports by Defendant. Signed by Judge James C. Sumner on 3/20/07. (No further written order will be issued.) (dfk, ) (Entered: 03/20/2007)
45 MOTION Exclude Expert Witnesses by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Good Faith Certificate)(Morrow, Eunice) (Entered: 03/20/2007)
46 MOTION Memorandum on Motion to Exclude Experts re 45 MOTION Exclude Expert Witnesses by Equal Employment Opportunity Commission. (Morrow, Eunice) (Entered: 03/20/2007)
47 AMENDED DOCUMENT by Equal Employment Opportunity Commission. Certificate of Service. (Morrow, Eunice) (Entered: 03/20/2007)
48 MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Good Faith Certificate)(Morrow, Eunice) (Entered: 03/21/2007)
Text−only ORDER. Because of the extension of the discovery deadline in this court's order of March 20, 2007, the motion deadline is hereby extended to May 4, 2007 . Signed by Judge James C. Sumner on 4/2/07. (No further written order will be issued.)(dfk, ) (Entered: 04/02/2007)

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 7 of 10

04/02/2007 04/05/2007 04/06/2007 04/06/2007 04/10/2007 04/10/2007
04/10/2007 04/17/2007 04/20/2007
05/04/2007 05/09/2007 05/11/2007
05/15/2007 06/06/2007
06/12/2007 07/16/2007 07/17/2007 07/30/2007 08/16/2007

Set Deadlines/Hearings: Motions, other than in limine, to be served by 5/4/2007. (dfk, ) (Entered: 04/02/2007)
49 MOTION to Amend/Correct Scheduling Order and Reschedule Trial by Helmerich & Payne International Drilling Company. (Adams, Holmes) (Entered: 04/05/2007)
50 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 04/06/2007)
51 NOTICE of Service of Response to Request for Production by Equal Employment Opportunity Commission.(Morrow, Eunice) (Entered: 04/06/2007)
52 ORDER granting 49 Motion to Amend/Correct. Signed by Judge Daniel P. Jordan III on April 10, 2007. (spowell, ) (Entered: 04/10/2007)
Set/Reset Deadlines/Hearings: Motions other than motions in limine due by June 25, 2007, or sixty days after receipt of documents by H&P. Pretrial Conference set for November 9, 2007 in Courtroom 2 before District Judge Daniel P. Jordan III. Jury Trial set for the term beginning December 3, 2007 in Courtroom 2 before District Judge Daniel P. Jordan III. (spowell, ) (Entered: 04/10/2007)
DOCKET ANNOTATION as to #50, a 2−part document without certificate of service; attorney to refile separately with certificate of service. (sec, ) (Entered: 04/10/2007)
Text−only ORDER finding as moot 48 Motion for Extension of Time to Complete Discovery . Signed by Judge James C. Sumner on 4/17/07. (No further written order will be issued.) (dfk, ) (Entered: 04/17/2007)
Text−only ORDER. The EEOC is granted an extension through Tuesday, April 24, 2007, in which to submit for in camera inspection the medical records referenced in this court's order of March 20, 2007. Signed by Judge James C. Sumner on 4/20/07. (No further written order will be entered.)(dfk, ) (Entered: 04/20/2007)
53 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Barrett, Mason) (Entered: 05/04/2007)
54 MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (Barrett, Mason) (Entered: 05/09/2007)
Text−only ORDER granting 54 Motion to Substitute Attorney. Added attorney Julie Steptoe Lee for Equal Employment Opportunity Commission. . Attorney Mildred Byrd is hereby withdrawn as counsel for Plaintiff. Signed by Judge James C. Sumner on 5/11/07. (No further written order will be issued.) (dfk, ) (Entered: 05/11/2007)
55 ORDER regarding production of medical records for in camera inspection. Signed by Judge James C. Sumner on 5/15/07. (dfk, ) (Entered: 05/15/2007)
Text−only ORDER regarding in camera review of medical records. Plaintiff is directed to provide the following to the undersigned no later that Friday, June 8, 3007: A copy of Plaintiff's response to Defendant's Interrogatory no. 12, as ordered by this court on March 3, 2007; and (2) any other damage summaries or statements provided to Defendant in which Plaintiff has set forth the damages sought by Plaintiff for medical, psychiatric or psychological injury to claimants. Signed by Judge James C. Sumner on 6/6/07. (No further written order will be issued.)(dfk, ) (Entered: 06/06/2007)
56 ORDER regarding production of medical records. Signed by Judge James C. Sumner on 6/12/07 (dfk, ) (Entered: 06/12/2007)
57 NOTICE of Service of Disclosure by Helmerich & Payne International Drilling Company (Ford, Laura) (Entered: 07/16/2007)
58 NOTICE of Service of Disclosure by Helmerich & Payne International Drilling Company (Adams, Holmes) (Entered: 07/17/2007)
59 NOTICE to Take Deposition of Mark C. Webb, M.D. by Equal Employment Opportunity Commission (Barrett, Mason) (Entered: 07/30/2007)
60 MOTION for Partial Summary Judgment by Helmerich & Payne International Drilling Company (Attachments: # 1 Exhibit A# 2 Exhibit b# 3 Exhibit c# 4 Exhibit d# 5 Exhibit e# 6 Exhibit f# 7 Exhibit g# 8 Exhibit h# 9 Exhibit i# 10 Exhibit j# 11 Exhibit

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 8 of 10

08/16/2007 08/17/2007 08/17/2007 08/24/2007
08/24/2007 08/27/2007 08/27/2007 08/28/2007
08/30/2007 09/17/2007 09/17/2007 09/20/2007 09/20/2007 09/21/2007 09/21/2007 09/26/2007

k# 12 Exhibit l# 13 Exhibit m# 14 Exhibit n)(Adams, Holmes) (Entered: 08/16/2007)
61 MEMORANDUM in Support re 60 MOTION for Partial Summary Judgment filed by Helmerich & Payne International Drilling Company (Adams, Holmes) (Entered: 08/16/2007)
DOCKET ANNOTATION as to #61 filed with incorrect document attached, re DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT. The attorney should re−file the document to reflect the description, re MEMORANDUM in Support of Motion for Partial Summary Judgment. (cwl) (Entered: 08/17/2007)
62 MEMORANDUM in Support re 61 Memorandum in Support of Motion, 60 MOTION for Partial Summary Judgment filed by Helmerich & Payne International Drilling Company (Adams, Holmes) (Entered: 08/17/2007)
NOTICE OF SETTLEMENT CONFERENCE. Per the request of and by agreement of all parties, a Settlement Conference will be held before Judge Sumner in Chambers in Jackson, MS on MONDAY, SEPTEMBER 17, 2007 AT 1:30 P.M. The parties shall submit to Judge Sumner via e−mail a Confidential Settlement Memo one week prior to the conference. (CSF) (Entered: 08/24/2007)
Set Hearings: Settlement Conference set for 9/17/2007 01:30 PM before Magistrate Judge James C. Sumner (CSF) (Entered: 08/24/2007)
63 MOTION to Substitute Attorney by Equal Employment Opportunity Commission (Russell, Ermea) (Entered: 08/27/2007)
64 MOTION for Extension of Time to File Response/Reply, re 60 Motion for Partial Summary Judgment, and 61 Memorandum in Support of 60 Motion for Summary by Equal Employment Opportunity Commission (Russell, Ermea) Modified on 8/28/2007 (cwl). (Entered: 08/27/2007)
TEXT ONLY ORDER granting 64 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion for Partial Summary Judgment. Plaintiff is granted an extension until and including September 20, 2007 to file its Response. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by Judge Daniel P. Jordan III on August 28, 2007.(VCH) (Entered: 08/28/2007)
Text−only ORDER granting 63 Motion to Substitute Attorney. Added attorney Ermea J. Russell for Equal Employment Opportunity Commission. Attorney Mason D. Barrett terminated. Signed by Judge James C. Sumner on 8/30/07. (No further written order will be issued.) (dfk, ) (Entered: 08/30/2007)
65 NOTICE of Service of Response to Request for Production by Equal Employment Opportunity Commission (Russell, Ermea) (Entered: 09/17/2007)
Minute Entry for proceedings held before Judge James C. Sumner : Settlement Conference held on 9/17/2007. (CSF) (Entered: 09/18/2007)
66 MOTION for Extension of Time to File Response/Reply, [60} MOTION for Partial Summary Judgment by Helmerich & Payne International Drilling Company by Equal Employment Opportunity Commission (Russell, Ermea) Modified on 9/21/2007 to reflect linkage to document no. 60 (cwl). (Entered: 09/20/2007)
TEXT ONLY ORDER granting 66 Motion for Extension of Time to File Response/Reply. Response is due September 28, 2007. Signed by Judge Daniel P. Jordan III on September 20, 2007. No written order will issue. (Howell, Elizabeth) (Entered: 09/20/2007)
NOTICE OF SETTLEMENT CONFERENCE. Per the request of the parties to continue settlement negotiations in this matter, a conference is scheduled before Judge Sumner on Wednesday, September 26, 2007 at 1:00 p.m. in Chambers. (CSF) (Entered: 09/21/2007)
Set Hearings: Settlement Conference set for 9/26/2007 01:00 PM before Magistrate Judge James C. Sumner (CSF) (Entered: 09/21/2007)
67 NOTICE of Attorney's Lien by Keith L Gates (Gates, Keith) (Entered: 09/26/2007)

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10/09/2007 10/12/2007 10/22/2007 10/22/2007
10/22/2007 10/30/2007 11/09/2007 11/16/2007 01/07/2008 01/07/2008
01/17/2008 03/07/2008
03/14/2008 04/04/2008 04/11/2008 05/01/2008 05/02/2008 05/05/2008

68 CONSENT DECREE: the parties has settled as set out in Consent Decree. Signed by Judge James C. Sumner on 10/9/07 (Attachments: # 1 Exhibit)(cwl) (Entered: 10/09/2007)
69 ORDER directing Plaintiff to respond to notice of attorney's lien. Signed by Judge James C. Sumner on 10/12/07 (dfk) (Entered: 10/12/2007)
70 MOTION to Intervene by Danny Dodd, James Mann (Attachments: # 1 Exhibit Response to Attorney Lien)(Jones, D.) (Entered: 10/22/2007)
71 Response to Order re 69 ORDER directing Plaintiff to respond to notice of attorney's lien. Signed by Judge James C. Sumner on 10/12/07 (dfk) filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Exhibit A − Attorney Gates Letter of Representation to EEOC# 2 Exhibit Exhibit B − Attorney Gates Request for Review Files to EEOC# 3 Exhibit Attorney Gates Request for Right to Sue to EEOC# 4 Exhibit Exhibit D − Attorney Gates Request for 2nd Conciliation to EEOC# 5 Exhibit Exhibit E − Mann and Dodd Letter to Gates Re Representation# 6 Exhibit Exhibit F − Gates letter to EEOC Re Release from Representation)(Lee, Julie) (Entered: 10/22/2007)
DOCKET ANNOTATION as to # 70 MOTION to Intervene by Danny Dodd, James Mann. Modified docket to reflect Danny Dodd and James Mann party role−type as movants instead of intervenors. (cwl) (Entered: 10/22/2007)
72 RESPONSE in Opposition re 70 MOTION to Intervene as parties−plaintiff filed by Helmerich & Payne International Drilling Company (Adams, Holmes) (Entered: 10/30/2007)
73 REPLY to Response to Motion re 70 MOTION to Intervene filed by Keith L Gates (Gates, Keith) (Entered: 11/09/2007)
74 REPLY to Response to Motion re 73 Reply to Response to Motion on Attorney's lien filed by Danny Dodd (Jones, D.) (Entered: 11/16/2007)
75 ORDER directing submission of statement in support of attorney's lien. Signed by Judge James C. Sumner on 1/7/08 (dfk) (Entered: 01/07/2008)
76 ORDER denying 70 Motion to Intervene. Mann and Dodd may participate in this matter as interested parties, and the Clerk is directed to designate Mann and Dodd as interested parties on the docket. Signed by Judge James C. Sumner on 1/7/08 (cwl) (Entered: 01/07/2008)
77 AFFIDAVIT by Keith L Gates (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gates, Keith) (Entered: 01/17/2008)
NOTICE OF SETTLEMENT CONFERENCE on the attorney's lien dispute: A conference is scheduled before Judge Sumner on FRIDAY, MARCH 14, 2008 AT 1:30 P.M. in Chambers. The Court is requiring that all attorneys be present for this conference. A status/settlement memo shall be e−mailed to Judge Sumner by noon on Wednesday, March 12, 2008. (CSF) (Entered: 03/07/2008)
Minute Entry for proceedings held before Magistrate Judge James C. Sumner: Settlement Conference held on 3/14/2008 (CSF) (Entered: 03/18/2008)
78 ORDER directing filing of motion. Signed by Magistrate Judge James C. Sumner on 4/4/08 (dfk) (Entered: 04/04/2008)
79 MOTION to Clarify Explanation of Fees by Keith L Gates (Attachments: # 1 Exhibit A−D, # 2 Exhibit E−F, # 3 Exhibit G−P)(Gates, Keith) (Entered: 04/11/2008)
80 CONSENT to Jurisdiction by US Magistrate Judge by Keith L Gates, Danny Dodd.(Transmitted to Judge Jordan for referral order) (CSF) (Entered: 05/01/2008)
81 ORDER REFERRING MOTION: 79 MOTION to Clarify Explanation of Fees filed by Keith L Gates. Signed by District Judge Daniel P. Jordan III on May 2, 2008.(SP) (Entered: 05/02/2008)
Text−only ORDER. James Mann and Danny Dodd are hereby ordered to submit a response to the Motion to Clarify Explanation of Fees (#79) within five days of entry of this order. Signed by Magistrate Judge James C. Sumner on 5/5/08. (No further

Case: 3:05-cv-691 As of: 07/02/2018 09:07 AM CDT 10 of 10

05/10/2008 05/21/2008 07/01/2008 07/14/2008 07/14/2008 07/16/2008

written order will be issued.)(dfk) (Entered: 05/05/2008)
82 RESPONSE to Motion re 79 MOTION to Clarify Explanation of Fees filed by Danny Dodd (Jones, D.) (Entered: 05/10/2008)
83 REPLY to Response to Motion re 82 Response to Motion filed by Keith L Gates (Gates, Keith) (Entered: 05/21/2008)
84 ORDER granting in part and denying in part 79 Motion for attorney's fees. Signed by Magistrate Judge James C. Sumner on 7/1/08 (dfk) (Entered: 07/01/2008)
85 MOTION for Disbursement of Funds by Danny Dodd (Attachments: # 1 Exhibit A)(Jones, D.) Modified on 7/14/2008 (cwl). (Entered: 07/14/2008)
DOCKET ANNOTATION as to # 65 removed the word Oral from docket text, 65 MOTION for Disbursement of Funds by Danny Dodd. (cwl) (Entered: 07/14/2008)
86 ORDER granting 85 Motion for Disbursement of Funds. Ordered: that the Clerk of the Court shall issue checks as follows from the proceeds deposited in the registry of the Court in this cause: 1. Keith L. Gates, Esq. − $ 7,200.00; 2. Danny Dodd − $ 96,400,00; 3. James Mann − $ 96,400.00; 4. Any accumulated interest on the funds shall be issued in a check payablejointly to Dodd and Mann. The checks to Mann and Dodd shall provided to D. L. Jones, Jr., to be delivered to the payees. Mr. Gates check shall be delivered to him. The Clerk of the Court shall notify counsel for the respective parties when the checks are available. Signed by Magistrate Judge James C. Sumner on 7/16/08 (cwl) (Entered: 07/16/2008)