Case 4:04-cv-00622-MLM Document 1-1 Filed 05/20/2004 Page 1 of 5

I
IN THE UNITED STATES DISTRI~T COURT
FOR THE EASTERN DISTRICT 0 MISSOURI EASTERN DIVISION .
I

}; . 'i/'' Elt:Er
MAY 2 0 2004

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

U. S. DISTRICI c
~SIERN. DISTRICT "' .~.

Plaintiff,
V.

)

.

q4l:tvToNcr6 22M '- M

BOB EVANS FARMS, INC. Defendant.

)

' '

) COMP AINT

) JURY RIAL DEMANDED

)

)

NATURE OF THE ACTiqN

This is an action under Title VII of the Civil Rights A1t of 1964 as amended by the Civil
I
Rights Act of 1991 to correct unlawful employment practices fn the basis of sex, and to provide
I
appropriate relief to Kim Lynch, Becky Atchison and Tiffany preen who were adversely affected

by such practices. The Complaint alleges that Lynch, Atchis<t and Green were sexually
!
harassed by their supervisor. The Complaint further alleges t~at the sexual harassment was so
I
severe or pervasive that it resulted in the constructive dischar~e of Atchison and Green.
JURISDICTION AND VE~UE
! I
1. Jurisdiction of this Court is invoked pursuant tf 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted purs+t to Section 706(f)(l) and (3) of
Title VII of the Civil Rights Act of 1964, as amended, 42 u.sic. § 2000e-5(f)(1) and (3) ("Title
VII") and Section 102 of the Civil Rights Act of 1991,42 u.sl.c. § 1981a.
I
2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for Eastern Di*rict of Missouri, Eastern Division.

Case 4:04-cv-00622-MLM Document 1-1 Filed 05/20/2004 Page 2 of 5

PARTIES

3. Plaintiff, the Equal Employment Opportunity 4ommission (the "Commission"), is
!
the agency of the United States of America charged with the :¥ministration, interpretation and
enforcement of Title VII, and is expressly authorized to bring ~is action by Section 706(£)(1) and
I
(3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(l) and (3).

4. At all relevant times, Defendant, Bob Evans F<\rms, Inc. ("Bob Evans"), has
'
continuously been doing business in the State of Missouri an1 the city of Bridgeton, and has

continuously had at least 15 employees.

5. At all relevant times, Bob Evans, has continuojlsly been an employer engaged in

an industry affecting commerce within the meaning of Sectio* 70 I(b), (g) and (h) of Title VII,

42 U.S.C. §§ 2000e(b), (g) and (h).
I I
6. At all relevant times, Lynch, Atchison and GreFn worked at a Bob Evans'
'
restaurant located at 3583 Pennridge Dr., Bridgeton, Missouri!63044 (the "Bridgeton

Restaurant").

I
STATEMENT OF CLAI~S

I '
7. More than thirty days prior to the institution o~ this lawsuit, Kim Lynch filed a

br charge with the Commission alleging violations of Title VII

i
Bob Evans. All conditions

precedent

to

the

institution

of

this

lawsuit

have

been

fulfilled.

1
!

8.

Since at least October 2001, Bob Evans has en~aged in unlawful employment

practices at the Bridgeton Restaurant, in violation of Section io3(a) of Title VII, 42 U.S.C. §

2000e-2(a), as follows:

(a) Bob Evans subjected Kim Lynch to un1awful sexual harassment during her

2

Case 4:04-cv-00622-MLM Document 1-1 Filed 05/20/2004 Page 3 of 5
employment. The unlawful conduct wds unwelcome, sexual in nature, and
directed at Lynch because of her sex. ~he unlawful conduct was
sufficiently severe or pervasive to crea¢ a hostile working environment for
Lynch, which altered the terms or condftions of her employment.
(b) Bob Evans subjected Becky Atchison tf unlawful sexual harassment
during her employment. The unlawfuliconduct was unwelcome, sexual in
i
nature, and directed at Atchison becau* of her sex. The unlawful conduct
was sufficiently severe or pervasive to ~reate a hostile working
'
environment for Atchison, which alter1d the terms or conditions of her
employment. The hostile working environment created by Bob Evans
!
made Atchison's working conditions s~ intolerable that she had no choice
!
but to quit.
(c) Bob Evans subjected Tiffany Green to fmlawful sexual harassment during
her employment. The unlawful condu¢t was unwelcome, sexual in nature,
I I
and directed at Green because of her s~x. The unlawful conduct was
sufficiently severe or pervasive to create a hostile working environment for Green, which altered the terms or con~itions of her employment. The
'
hostile working environment created b~ Bob Evans made Green's working
I
conditions so intolerable that she had r)' o choice but to quit.
9. The effect of the practices complained of in p¥agraphs 8 above has been to deprive Kim Lynch, Becky Atchison and Tiffany Green of e~ual employment opportunities and
otherwise adversely affect their status as employees because (lf their sex.
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Case 4:04-cv-00622-MLM Document 1-1 Filed 05/20/2004 Page 4 of 5
I0. The unlawful employment practices complain~d of in paragraphs 8 above were
intentional.
11. The unlawful employment practices complainqd of in paragraphs 8 above were
I
done with malice or with reckless indifference to the federal!~' protected rights of Kim Lynch,
Becky Atchison and Tiffany Green.
PRAYER FOR RELIE~
i
Wherefore, the Commission respectfully requests that!this Court:
A. Grant a permanent injunction enjoining Bob E~ans, its officers, successors,
!
assigns, and all persons in active concert or participation wit~' it, from engaging in harassment,
!
constructive discharge and any other employment practice w~ich discriminates on the basis of
!
sex.
B. Order Bob Evans to institute and carry out pol\cies, practices, and programs which
' i
provide equal employment opportunities for women, and whi!;h eradicate the effects of its past
'
and present unlawful employment practices.
C. Order Bob Evans to make Lynch, Atchison an~ Green whole by providing
compensation for past and future pecuniary losses resulting fl!om its unlawful employment
'
practices in amounts to be determined at trial.
D. Order Bob Evans to make Lynch, Atchison an~ Green whole by providing compensation for past and future non-pecuniary losses result'~g from the unlawful employment
!
practices described in paragraphs 8 above, including, but not 'imited to, emotional pain,
I
suffering, inconvenience, loss of enjoyment of life, loss of re~' utation, and humiliation, in
amounts to be determined at trial.
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Case 4:04-cv-00622-MLM Document 1-1 Filed 05/20/2004 Page 5 of 5

E. Order Defendants to pay punitive damages for lits malicious and reckless conduct

described in paragraphs 8 above in amounts to be determined lat trial.

F. Grant such further relief as the Court deems mjcessary and proper in the public

interest.

G. Award the Commission its costs of this action.!
I i
JURY TRIAL DEMAN~
I
The Commission requests a jury trial on all questions pf fact raised by its Complaint.
i
Respectfjilly submitted,
'
ERIC S. 'pREIBAND General ~ounsel
I
JAMES t-· LEE
Deputy cfreneral Counsel

GWENQOLYN YOUNG REAMS Associat~ General Counsel
!

ROBER

Regional Attorney
~fr~ BARBA~ A. SEELY h-v.
Supervi9ory Trial Attorney- 0

vnkn. ~e-

MEL

KENNEDY-......

Senior 'J1rial Attorney

EQUAL! EMPLOYMENT OPPORTUNITY COMM~SSION

St. Loui$ District Office
A.. Robert Young Federal Bldg.

1222 Spf"uce, Room 8.100

St. Louif, MO 63103

(314) 53!9-7915

5

 
 Case 4:04-cv-00622-MLM Document 13 Filed 08/12/2004 Page 1 of 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

Kim Lynch and Becky Atchison

)

)

)

)

Plaintiff/Intervenors,

)

)

v.

)

)

BOB EVANS FARMS, INC.,

)

)

Defendant.

)

Case No.: 04CV00622MLM JURY TRIAL DEMAND

PLAINTIFF/INTERVENORS COMPLAINT FOR VIOLATIONS OF TITLE VII

COMES NOW Plaintiff/Intervenors, Kim Lynch and Becky Atchison, through

counsel, and for their cause of action for violations of Title VII against Bob Evans, Inc.,

state as follows:

COUNT I

JURISDICTION AND VENUE

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

1337, 1343 and 1345. this action is authorized and instituted pursuant to Sec. 706(f)(1)

and (3) of Title VII pf the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec. 2000e-

5(f)(1) and (3) (“Title VII”) and Sec. 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec.

1981a.

Case 4:04-cv-00622-MLM Document 13 Filed 08/12/2004 Page 2 of 5
2. All of the actions that comprise the claim occurred within the jurisdiction of the United States District Court for the Eastern District of Missouri.
PARTIES 3. Defendant Bob Evans Farms, Inc. is a Missouri corporation and continuously doing business in the State of Missouri and the City of Bridgeton during all relevant times to this lawsuit. 4. Defendant Bob Evans Farms, Inc. has continuously employed 15 or more employees during all relevant times to this lawsuit. 5. At all relevant times, Plaintiff Kim Lynch worked at Bob Evans restaurant located at 3583 Pennridge Drive, Bridgeton, MO 63044. 6. At all relevant times, Plaintiff Becky Atchison worked at Bob Evans restaurant located at 3583 Pennridge Drive, Bridgeton, MO 63044.
STATEMENT OF CLAIMS 7. Kim Lynch filed a Charge of Discrimination with the EEOC alleging violations of Title VII more than thirty (30) days prior to initiating this lawsuit. 8. Since at least October 2001 Bob Evans has engaged in unlawful employment practices at its Bridgeton restaurant located at 3583 Pennridge Drive, in violations of Section 703(a) of Title VII, 42 U.S.C. Sec. 2000e-2(a) as follows: (a) Bob Evans subjected Kim Lynch to unlawful sexual harassment during her employment. The unlawful conduct was unwelcome, sexual in nature, and directed at Lynch because of her sex. The unlawful conduct was sufficiently sever or pervasive to create a hostile working environment for Lynch, which altered the terms or conditions of her employment.
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Case 4:04-cv-00622-MLM Document 13 Filed 08/12/2004 Page 3 of 5
(b) Defendants subjected Becky Atchison to unlawful sexual harassment during her employment. The unlawful conduct was unwelcome, sexual in nature, and directed at Atchison because of her sex. The unlawful conduct was sufficiently sever or pervasive to create a hostile working environment for Atchison, which altered the terms or conditions of her employment.
9. The effect of the practices complained of in paragraphs 8 (a) and (b) above has been to deprive Kim Lynch and Becky Atchison of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. As a direct and proximate result of Defendant’s conduct, Plaintiffs have suffered emotional distress.
12. Defendant’s aforementioned conduct was done with an evil motive or reckless indifference to Plaintiffs’ rights.
13. A jury trial is requested on all questions of fact. WHEREFORE, Plaintiffs pray for judgment in their favor and requests that this court enter a judgment: A. Declaring the acts and practices complained ob by Plaintiffs in violation of the Title VII; B. Directing Defendant to place Plaintiffs in the position they would have occupied but for Defendant’s discriminatory treatment, and make them whole for all earning they would have receive but for Defendant’s discriminatory conduct including, but not limited to wages, tips, pension, and lost benefits;
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Case 4:04-cv-00622-MLM Document 13 Filed 08/12/2004 Page 4 of 5
C. Awarding Plaintiffs the cost of this action together with reasonable attorney’s fees and expert witness fees, as provided by Section 706(k) of Title VII, 42 U.S.C. Section 2000e-5(k), as amended;
D. Directing Defendant to pay Plaintiffs compensatory damages, and damages for emotional distress, and humiliation for the maximum amount recoverable under Title VII and 42 U.S.C. Section 1981a;
E. Awarding Plaintiffs such punitive damages as will punish the Defendant and deter future relief as this Court deems just and proper.
WHEREFORE, Plaintiff/Intervenors respectfully request judgment be entered in their favor and against Defendant for lost wages and other financial incidents and benefits of employment, compensatory damages, punitive damages, attorney fees, costs, and such other relief as may be fair and reasonable under the circumstances.
Respectfully submitted, ____________________________________ /s/Christopher B. Bent Attorney for Plaintiff/Intervenors 5960 Howdershell Road, Suite 206 Hazelwood, MO 63042 (314) 551-0898 (314) 551-0894 FACSIMILE
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Case 4:04-cv-00622-MLM Document 13 Filed 08/12/2004 Page 5 of 5
CERTIFICATE OF SERVICE I hereby certify that on August 12, 2004, the foregoing was filed electronically with the Clerk of Court to be served by operation of the Court’s electronic filing system upon the following:
/s/Christopher B. Bent
Melvin Kennedy, Esq. Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce Street, Room 8.100 St. Louis, Missouri 63103 Thomas Berry, Esq. McMahon, Berger, Hanna, Linihan Cody & McCarthy 2730 North Ballas Road, Suite 200 St. Louis, Missouri 63131 Michael J. Rusie Chris J. North Vorys, Sater, Seymour & Pease LLP 52 East Gay Street P.O. Box 1008 Columbus, Ohio 43216-1008 Robert G. Johnson Regional Attorney Barbara A. Seely Supervisory Trial Attorney
5

 
 Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and KIM LYNCH and BECKY ATCmSON
Plaintiffl Intervenors,
v.
BOB EVANS FARMS, INC. Defendant.

) ) ) ) ) ) ) CIVIL ACTION NO. 4:04CV00622 MLM ) ) ) ) ) ) ) ) )

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (hereinafter the IICommissionn)

has instituted this action alleging that Bob Evans Farms, Inc. (hereinafter the "Defendant" or

"Bob Evans") sexually harassed Kim Lynch, Becky Atchison and Tiffany Green in violation of

Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Bob Evans denies the allegations asserted

against it by the Commission.

For purposes of settlement and compromise only, the parties have advised the Court that

they wish to resolve the instant controversy without the expense, delay, and burden of further

litigation;

THEREFORE, it is the rmding of this Court, made on the pleadings and on the record as

a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to

and the subject matter of this action, (ii) the requirements of the Title VII will be carried out by

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 2 of 7
the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADWDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with sexual harassment or sex discrimination in the workplace, or as a finding by any governmental agency or authority of wrongdoing.
2. Defendant shall not discriminate against its employees with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment on the basis of sex. Bob Evans states that it does not discriminate against its employees with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment on the basis of sex and that it will continue to adhere to that policy.
3. Defendant shall not discriminate or retaliate against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII; (b) has participated in any investigation by the Commission connected with or leading up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of this Consent Decree. Bob Evans states that it has not discriminated or retaliated against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII; (b) has partiCipated in any investigation by the Commission connected with or leading
2

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 3 of 7

up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any

way as a result of this Consent Decree. Bob Evans further states that it will continue to adhere to

this policy.

n. Relief for Charging Party

1. Defendant will pay a total of $250,000 ("Settlement Sum") as compensatory

damages to Kim Lynch, Becky Atchison, Tiffany Green and five (5) other current or former

female employees (the "class"). Within twenty (20) days after execution of the Decree,

Defendant will mail a check to each of Lynch, Atchison, Green and the remainder ofthe class in

amounts as directed by the Commission. Defendant shall, within the same time frame, mail one

check to Attorney Christopher Bent in an amount directed by the Commission representing the

attorneys fees. The attorneys fees paid to Mr. Bent shall be subtracted from the Settlement Sum.

Each employee or former employee to whom Defendant is directed to issue a check, representing

a portion of the Settlement Sum, shall execute a waiver of all existing claims against Defendant.

The terms of said waiver shall be negotiated separately between Defendant and Christopher

Bent.

2. Defendant has terminated the employment of Mike Femmer, General Manager

and Kevin Waggoner, Assistant General Manager, of Defendant's Restaurant located at 3583

Pennridge, Bridgeton, Missouri 63044. Defendant agrees to not rehire, nor enter into any

contractual or employment relationship with Femmer or Waggoner at any Bob Evans Restaurant,

or any restaurant owned or operated by Bob Evans Farms, Inc.

3

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 4 of 7
III. Posting and Policies 1. Defendant shall post and cause to remain posted copies of its existing policy on Sexual Harassment attached hereto as Exhibit A, in locations visible to all employees, for a period oftwo (2) years, starting from the date of entry of this Decree, at the following locations: Unit #169 St. Charles, MO; Unit #209 St. Peters, MO; Unit #216 Bridgeton, MO; Unit # 359 O'Fallon, MO; Unit # 470 Chesterfield, MO; and Unit #477 Florissant, MO; (hereinafter jointly referred to as the "Applicable Restaurants"). 2. Defendant shall post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation 29 C.F.R. §1601.30 at all Bob Evans Restaurants. Bob Evans states that it is already in compliance with the posting requirements of 29 C.F.R. § 1601.30 and will continue to post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation, 29 C.F.R. §1601.30, in all Bob Evans restaurants. 3. Defendant shall, within twelve (12) months from the date of entry of this Decree, provide sexual harassment training to all management and non-management employees at the Applicable Restaurants, said training to include the Area Director for the Applicable Restaurants.
IV. Reporting, Record-keeping, and Access 1. Every six (6) months during the effective period ofthis Decree, Defendant shall provide written notification to the EEOC's Regional Attorney in its St. Louis District Office of any internal complaint of sex discrimination or sex harassment, made by any employee at the Bob Evans Restaurant located at 3583 Pennridge, Bridgeton, Missouri 63044, including the
4

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 5 of 7
name(s) of the employee(s), a description of the investigation of the complaint(s), the finding of the investigation and a description of action taken, or resolution of the complaint(s).
2. Within forty-five (45) days of the entry ofthis Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming that the notices have been posted and that the posters have been posted as required by Section ill, above.
3. Within forty-five (45) days of the completion of the training required under Section lll, subsection 3, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming completion of said training. The letter shall include the names of all employees who attended the training.
V. Term and Effect of Decree 1. By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than Charge Numbers 280-200301648, 280-2004-05480, 280-2004-05481 and 280-2004-05482. 2. This Decree shall be binding upon the parties hereto, their successors and assigns. Defendant shall affirmatively notifY any purchasers ofthe obligations of this Consent Decree prior to any sale which may take place. 3. This Decree shall be for a period of two (2) years and can only be extended for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance. 4. Each party shall bear that party's own costs and attorneys' fees.
5

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 6 of 7
DATE:~
BYCONSEN'I':

By~Mik~*oxnpS
V\cePtesidentl~legionalDitector

1lARBARi\lf. SEELY
SuperriSOt;YTrlal Attorney
MELVIND.~DYIi:\R.W ~32~
Senior Tr,ial<Aftomey SlLoui$DiStrictOffice
RQtxmJ\·Y~F~~alBlijg. 12~S~, . ltQ~··8,lOQ StLouis. i{()6310~ (314}S3~~1915

6

Case 4:04-cv-00622-MLM Document 23 Filed 01/19/2005 Page 7 of 7

p~

. . rigbt.worktr.:iIiJ1fill1WQln:ulftH....t'rpnstxuathatassmeJ'iL It Is QUr'

to" ... an enjoyable and.,on.fOrtabIe~g~ronmentb everyo.. SUUaJ

~1IIIiIInQtbe tQleratmk

. .

Definltlon

~r ~ntis.deliberate·<wrepeated behavlar of a Hxusl nalure_is U~~ It

c$l'iinctudtt~rbal: ~cr$QCb.~ .~. ~. ~ll¥iC*frsor

pru$J.....fOr ,,,uaf. ~; ~\lerbal behavior SUd}. •'. . .QestiVe I~ orle&tiI1(t and

p~I~:$UCh.spatsor . .u....

. .

Further, no empr~ may threaten OJ".insJnU.i~itber exptidUy orlmpliatly, that In ernpIoyet:ts
~·tot-ubnit \0 s&xualadvanceB.~~" empIGyEle:'serpployment. wagest ICtvlvu::ement. duties. shitlS•.or arty other QQI1dltforl pfempfoymel11 or career d~~p,...nt.

Procedure

evans Bob

WIU talcean

Indlviduals.whobelfev&

1ahfellY",h.auVveet:bOeleenins·punbj:eitcetec6dntgo

ftsemptoyeesfrOJn~
~tfrOm ~a

haP~. 'a

~nJ petSO(for .....8 . . . are en~dtoJmrrajl"'J.r.tIIY

b$haVfOt~;... ~r~reqUast_1t stoO. J "e~~ .'. .

eonfroilUnglil or her. .... . ....IfN::Oft8nslVe behavior does nOt'stop. the· .

•~. ~ .to·'.tne o.flIHlI. '~. «.use, the Open OQorPoilCY. ·'~.c:.G1l1r1J the

Corporate HeadqUarters @1~2n,..1m.

Evely ·effort wUI be made \0 ~:I'iat'~nts tf~lha,rassment_ teSOlved ina
confidential manner. When ~rnernbef of the management, team Is notiOed of alleged hartll!Stnent.anl~ation will PfOmpuytak4it p~.

I:MsCI,.nay Actlon
be Complaints and cases of sexual harassment Will ~1t>With .ptornptl)'. Anen'lPIoyee,.mo
sexuallyharas&e$anolher employ.. will be dJsGipilned as In .any other case of 'seriotJs
employee m1scGnduCl
Wincbluedrein'ignvdeissctihgaartgiOe.nwelotrnbflrerntaskethfLe allegations. ' pro. mpt.;'comJ.d.Iv8disd.pIi. 08l....Y~. up.tC) It.id

No retaliafiQn.of aJ»J kind d be ~ aga\nst anyone as a re84Jhof malcing a complaint.of sexual harassment.

.t:xmorr A

7

 
 MOED - CM/ECF (LIVE) - Docket Report

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?803471459348364-L_...

ADR, CLOSED, FULLCON, TRCK2
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:04-cv-00622-MLM

Equal Employment Opportunity Commission v. Bob Evans Farms, Inc. Assigned to: Mag Judge Mary Ann L. Medler Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/20/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Barbara A. Seely EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Melvin D. Kennedy EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: melvin.kennedy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Interpleader Plaintiff

1 of 5

6/27/2006 12:27 PM

MOED - CM/ECF (LIVE) - Docket Report
Kim Lynch
Interpleader Plaintiff Becky Atchison V. Defendant Bob Evans Farms, Inc.
2 of 5

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?803471459348364-L_...
represented by Christopher B. Bent BENT LAW FIRM, P.C. 5960 Howdershell Road Suite 206 Hazelwood, MO 63042 314-551-0898 Fax: 314-551-0894 Email: bentlawpc@cs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Christopher B. Bent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Chris J. North VORYS AND SATER 52 E. Gay Street Columbus, OH 43215 614-464-6400 Fax: 614-464-6350 Email: cjnorth@vssp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Rusie VORYS AND SATER 52 E. Gay Street Columbus, OH 43215 614-464-6364 Fax: 614-719-4711 Email: mjrusie@vssp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas E. Berry, Jr. SANDBERG PHOENIX, P.C. One City Centre 15th Floor St. Louis, MO 63101-1880 314-231-3332 Fax: 314-241-7604 Email: tberry@spvg.com ATTORNEY TO BE NOTICED
6/27/2006 12:27 PM

MOED - CM/ECF (LIVE) - Docket Report

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?803471459348364-L_...

Date Filed 05/20/2004
05/20/2004 07/14/2004 07/14/2004 07/14/2004
07/15/2004 07/21/2004
07/23/2004 07/23/2004 07/27/2004 07/28/2004 07/29/2004 07/29/2004

#

Docket Text

1 COMPLAINT against defendant Bob Evans Farms, Inc. Waivers issued 1, Consents issued 2, Disclosure of Corporate Interest issued to Bob Evans Farms, Inc., Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 05/20/2004)
WAIVER of Service issued defendant Bob Evans Farms, Inc.. filed by Equal Employment Opportunity Commission. (CDD, ) (Entered: 05/20/2004)
2 ENTRY of Appearance by Thomas E. Berry Jr. Defendant Bob Evans Farms, Inc.. (Berry, Thomas) (Entered: 07/14/2004)
3 ANSWER to Complaint with Jury Demand by Bob Evans Farms, Inc..(Berry, Thomas) (Entered: 07/14/2004)
4 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Bob Evans Farms, Inc. Parent companies: None, Subsidiaries: None, Publicly held company: Ariel Capital Management, Inc.,. (Berry, Thomas) (Entered: 07/14/2004)
5 FULL CONSENT has been received by Defendant Bob Evans Farms, Inc., Plaintiff Equal Employment Opportunity Commission. (LAH, ) (Entered: 07/15/2004)
6 RULE 16 ORDER This case is assigned to Track: 2 - Standard Joint Scheduling Plan due by 8/10/2004. Rule 16 Conference set for 8/17/2004 08:30 AM in In Chambers before Mag Judge Mary Ann L. Medler.Signed by Judge Mary Ann L. Medler on 7/21/04. (ARL) (Entered: 07/21/2004)
8 MOTION for Leave to Appear Pro Hac Vice Michael Rusie by Defendant Bob Evans Farms, Inc. (LAH, ) (Entered: 07/28/2004)
9 MOTION for Leave to Appear Pro Hac Vice Chris North by Defendant Bob Evans Farms, Inc. (LAH, ) (Entered: 07/28/2004)
7 First MOTION to Intervene by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Proposed Intervenors Complaint)(Bent, Christopher) (Entered: 07/27/2004)
Receipt # S2004-009116 in the amount of $50.00 for ATTORNEY ADM. FEE PHV- Chris North, ATTORNEY ADM. FEE - PHV- Michael James Rusie on behalf of MCMAHON BERGER HANNA, et al.. (CSW,) (Entered: 07/28/2004)
Docket Text ORDER re 8 MOTION for Leave to Appear Pro Hac Vice Michael Rusie filed by Bob Evans Farms, Inc.: Ordered: GRANTED. Signed by Judge Mary Ann L. Medler on 7/29/04. (MLM) (Entered: 07/29/2004)
Docket Text ORDER re 9 MOTION for Leave to Appear Pro Hac Vice Chris North filed by Bob Evans Farms, Inc.: Ordered: GRANTED. Signed by Judge Mary Ann L. Medler on 7/29/04. (MLM) (Entered: 07/29/2004)

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MOED - CM/ECF (LIVE) - Docket Report

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?803471459348364-L_...

08/03/2004 08/10/2004 08/11/2004
08/12/2004 08/17/2004 08/19/2004
08/19/2004 08/26/2004 10/29/2004 11/01/2004 12/14/2004

10 NOTICE of Change of e-mail address filed by Robert G. Johnson; (DJO) (Entered: 08/03/2004)
11 JOINT SCHEDULING PLAN by Defendant Bob Evans Farms, Inc., Plaintiff Equal Employment Opportunity Commission.. (Kennedy, Melvin) (Entered: 08/10/2004)
12 ORDER - IT IS HEREBY ORDERED that Plaintiff/Intevenors Kim Lunch and Becky Atchison's Motion to Intervene is GRANTED 7 IT IS FURTHER ORDERED that counsel for Plaintiff/Intervenors shall electronically file their Complaint for violations of Title VII forthwith. IT IS FURTHER ORDERED that counsel for Plaintiff/Intervenors shall attend the Rule 16 Scheduling Conference set for August 17, 2004 at 8:30 a.m. in the chambers of the undersigned, 13 South. IT IS FURTHER ORDERED that henceforth this case shall be styled: EEOC (Plaintiff) and Kim Lynch and Becky Atchison (Plaintiff/Intervenors) vs. Bob Evans Farms, Inc. (Defendant). Signed by Judge Mary Ann L. Medler on 8/11/04. (LAH, ) (Entered: 08/11/2004)
13 First Interpleader COMPLAINT 8-12-04 Summons(es) issued, Waivers issued 8-12-04, Jury Demand, filed by Kim Lynch and Becky Atchison (Bent, Christopher) (Modified on 8/13/2004 to Add Filer - CMA) (Entered: 08/12/2004)
14 FULL CONSENT has been received by Interpleader Pltfs Becky Atchison, Kim Lynch, Defendant Bob Evans Farms, Inc., Plaintiff Equal Employment Opportunity Commission (CMA) (Entered: 08/19/2004)
15 CASE MANAGEMENT ORDER This case is assigned to Track: 2 (standard); Motion to Join Parties due by 11/1/2004; Discovery Completion due by 5/2/2005; Non-Dispositive Motions due by 5/13/2005; ADR Future Reference 1/7/2005; Dispositive Motions due by 6/3/2005; Jury Trial set for 11/7/2005 09:00 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; Pretrial Compliance due by 10/18/2005; Signed by Judge Mary Ann L. Medler on 08/19/2004; (DJO) (Entered: 08/19/2004)
16 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Melvin Kennedy ADR Completion Deadline due by 3/25/2005. Designation of Neutral due by 1/17/2005. ADR Conference Schedule due by 1/17/2005; Signed by Judge Mary Ann L. Medler on 08/19/2004; (DJO) (Entered: 08/19/2004)
17 ANSWER to Complaint by Bob Evans Farms, Inc..(Rusie, Michael) (Entered: 08/26/2004)
18 MOTION for Extension of Time to Amend 1 Complaint, by Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 10/29/2004)
Docket Text ORDER re 18 MOTION for Extension of Time to Amend 1 Complaint, filed by Equal Employment Opportunity Commission: Ordered: GRANTED. Signed by Judge Mary Ann L. Medler on 11/1/04. (MLM) (Entered: 11/01/2004)
19 NOTICE of Settlement by Equal Employment Opportunity Commission (Kennedy, Melvin) (Entered: 12/14/2004)

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12/14/2004
01/13/2005 01/14/2005 01/18/2005 01/19/2005

20 ORDER: IT IS HEREBY ORDERED that the 11/7/05 trial setting is vacated and all pending motions are denied w/o prejudice; IT IS HEREBY ORDERED that counsel shall file, w/i 30 days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment; Failure to timely comply w/ this order shall result in the dismissal of this action w/ prejudice; Dismissal Paper(s) due by 1/13/2005; Signed by Judge Mary Ann L. Medler on 12/14/04(CMA) (Entered: 12/14/2004)
21 Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 01/13/2005)
22 Joint MOTION to Dismiss Case With Prejudice by Interpleader Plaintiff Kim Lynch. (Bent, Christopher) (Entered: 01/14/2005)
Docket Text ORDER re 22 Joint MOTION to Dismiss Case With Prejudice filed by Kim Lynch: SO ORDERED. Signed by Judge Mary Ann L. Medler on 1/18/05. (MLM (Entered: 01/18/2005)
23 CONSENT DECREE Signed by Judge Mary Ann L. Medler on 1/19/05. (LAH, ) (Entered: 01/19/2005)

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