IN THE UNITED STATES DISTRICT COURT

FOR

THE

MIDDLE DISTRICT OF ORLANDO DIVISION

FLORI-D-~jA~

U.S. EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

Plaintiff,

CIVIL ACTION NO.

PATTERSON COMPANIES INC. f/k/a Patterson Dental Company d/b/a Patterson Dental Supply, Inc.
Defendant.

COMPLAINT
JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Terri Wallace who was adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Ms. Wallace was subjected to sexual harassment by a coworker and employee of the Defendant corporation. The Commission further alleges that Defendant subsequently retaliated against Ms. Wallace for complaining of the unlawful sexual harassment by altering the terms and conditions of her employment thus leading to her constructive discharge.
JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Middle District of Florida, Orlando Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Patterson Companies, Inc. f/k/a Patterson Dental Company d/b/a Patterson Dental Supply Inc. Minnesota corporation, has continuously been doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees. 5. At all relevant times Patterson Companies, Inc. f/k/a Patterson Dental Company d/b/a Patterson Dental Supply, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. § §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Terri Wallace filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 2001, Defendant Employer engaged in unlawful employment practices at its Orlando, Florida location in violation of Section 703(a) and Section 704(a) of Title

VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a). a. Terri Wallace was subjected to sexual harassment by her co-worker in the form of unwelcome verbal conduct and writings of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. b. Defendant failed to take prompt corrective action when it knew or should have known of the sexual harassment. c. Defendant retaliated against Terri Wallace for complaining of the unlawful sexual harassment when it adversely affected the terms and conditions of her employment by placing her on a "performance plan" d. Defendant’s conduct rendered the terms and conditions of Teri Wallace’s employment so intolerable that she was compelled to end her employment with Defendant.
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Teri Wallace of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Teri Wallace.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment, retaliatory conduct and/or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees regardless of sex, and which eradicates the effects of its past unlawful employment practices. C. Order Defendant to make whole Teri Wallace by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement or front pay. D. Order Defendant to make whole Teri Wallace by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial. E. Order Defendant to make whole Teri Wallace by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial. F. Order Defendant to pay Teri Wallace punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

Grant such further relief as the Court deems necessary and proper in the public
interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney
T~al Nttomey t~, Florida Bar. No. 532231 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Phone: (305) 530-6012 Fax: (305) 536-4494

CIVIL COVER SHEET

The JS-44 civil cover ~heet end the information ontzinnd herein neither replzce nor =u~olement the filing end zervlce of ple=die,~ or other pzper~ ~ required by law, except a= provided by IDea nJles of coort~ This form. spprovKI by the Judk:ial Conference of the Ur~ited Seat. in ~teml~ 1974. b required for the use of the Oe~ of Court fo~ the purpo=e of |nitJeting the civil docke d’~ecL (SEE INSTRUCTtON$ON THE REVERSE OF THE FORM.)

I (a) PLAINTIFFS

DEFENDANTS

United States Equal ~np]nsanent Oppo~tunit Patterson Ccmpanies, Inc.,

Ccm.ission

flk/a Patterson Dental Company,

d/b/a Patterson Dental Supply, Inc.

(b) coum’v OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST’ LISTED DEFENDANT O~"-d~e
(IN U.S. PI.AiNTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LANO INVOLVED

(C) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER)
Jennifer Bz’own, Esq. Tel#: (305)530-6012 EEOC, One Biscayne Tc~er, Suite 2700 2 S. Biscayne Blvd., Miami, FL 33131

ATTORNEYS (IF KNOV~N)

II. BASIS OF JURISDICTION

IlL CITIZENSHIP OF PRINCIPAL PARTIES

~ 1 U.S. Government PlalnUff
U.S. Government Defendant

Federal Oueetlon (U.S. Government No( a Patty)
I-I 4 ¯ (Indicate Cit~zenship el parties in Item III)

PTF OFF Citlze~ of Thla State [] 1 ~l 1
Ctttze~ of Another State [] 20 2
CIUzen m’ Subject of a n3 [33
~n Co..W

PTF DEF

Ircorporated or Principal Place O 40 4

of Business In This State

IncorpOrated and Principal Peace [3 S [3 § of Business In Another State ¯

Foreign Nation

VI 6 I-I 6

IV..CAUSE OF ACTION ~:,~,.u=ow~,,,~,~=o,~,,.=,~.,~,.,~,,o,~,~,~,~.~=,,~,¢.~=. Tlds .~ m ~ti~ ~ Titl~ ~,~~,~.~~ ~I of ~ Civ~ ~ts ~t of 1964, ~ ~, ~ Tit~ I of ~

~V~ ~ ~t of 1991 ~ ~t ~ ~~t ~ti~ ~ ~ ~ of ~x ~

~ta~ti~, ~ to ~e ~te ~ef to ~ W~ ~ ~ ~ely ~f~t~

~ ~ p~ti~,

"

V. NATURE OF SUrf (P~CE AN x IN ONE BOX ONLD

CONTRkCT [] 110 ktsut~n¢~ []120 uwt~ [3 130 Mal~/¢z O 140 N~g~ab~ V~.rume~
~ 152 ~~.

TORTS

P~RSONAL INJURY 0 310 Nq~e O 31 $ Akpcw~ Pmducl
t.~bmy D 320 ~ ~ ~

PERSONAL INJURT

0 362

"

03~5 P~x~ INure~ ~

FORFEITURE/FENALTf

BANKRUPTCY 0 422 042~
moP~m~ RIGHTS
[]S30

0400 0 410 0 4~ O4~ 0470 ~~ 0 810

LABOR

socu~ SZCURmr

A~L PR0~
[]210 Lan4~ [] 220 Fo~K*~ 0 230 men Lea.~ & Ejmctrnent [3 240 T~’.~ ~o Lmra ¯ 0 245 To~ Pro~~ L~twi~y
O 290 AI O(her ~ Pro~oedy

~VIL RIGHT~ 0 443 0440

I~ISONER PETmON$ 0 SmS

0 @63 0@64 s~o Tee X~
RDEFIAL TAX SUITS [] 871 ~RS--’n~ P~

~
0

889~1

0 8~

0895

VI. ORIGIN
]~1 Original Proceedi~j

O 2 Removed from State Court

(PLACE AN x IN ONE BOX ONLY) Transferred from

[] 3 Remanded from Appellate Couri

I-I 4 Reinstated o Reopened

[3 5 another ~strid (specigf)

[] 6 MultJdistdct UU9atio~

AppeaJ to Distdct
[] 7 Judge from Magislrale Judgment

VII. REQUESTED IN CHECK IF THIS iS A CLASS ACTION
COMPLAINT: [] UNDER V.R.C.P. 23

DEMAND $ ’

"Check YES only if demanded in complaJnt:
JURY DEMAND: ~ YES [] NO

VIII. RELATED CASE(S) (See in=r=ctions>:

IF ANY

~UO~E

DOCKET NUMBER

UNITED STATE.DISTRICT COURT

 
 Case 6:04-cv-01423-JA-KRS Document 8 Filed 11/22/2004 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PATTERSON COMPANIES, INC.

)

f/k/a Patterson Dental Company, and

)

PATTERSON DENTAL SUPPLY, INC.

)

)

Defendants.

)

)

CIVIL ACTION NO. 6:04-cv-01423-JA-KRS
AMENDED COMPLAINT
JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”),

and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

sex and retaliation, and to provide appropriate relief to Terri Wallace who was adversely affected

by such practices. As stated with greater particularity in paragraph 9, the Commission alleges that

Ms. Wallace was subjected to sexual harassment by a coworker and employee of the Defendant

corporations. The Commission further alleges that Defendants subsequently retaliated against Ms.

Wallace for complaining of the unlawful sexual harassment by altering the terms and conditions of

her employment thus leading to her constructive discharge.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title

1

Case 6:04-cv-01423-JA-KRS Document 8 Filed 11/22/2004 Page 2 of 5
VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the Untied States District Court for the Middle District of Florida, Orlando Division. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all relevant times, Patterson Companies, Inc. f/k/a Patterson Dental Company, a Minnesota corporation, has continuously been doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees.
5. At all relevant times, Patterson Dental Supply Inc., a Minnesota corporation, has continuously been doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees.
6. At all relevant times, Patterson Companies, Inc. f/k/a Patterson Dental Company has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h).
7. At all relevant times, Patterson Dental Supply, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Terri Wallace filed a
2

Case 6:04-cv-01423-JA-KRS Document 8 Filed 11/22/2004 Page 3 of 5
charge with the Commission alleging violations of Title VII by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least August 2001, Defendant Employers engaged in unlawful employment practices at their Orlando, Florida location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a).
a. Terri Wallace was subjected to sexual harassment by her co-worker in the form of unwelcome verbal conduct and writings of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
b. Defendants failed to take prompt corrective action when they knew or should have known of the sexual harassment.
c. Defendants retaliated against Terri Wallace for complaining of the unlawful sexual harassment when they adversely affected the terms and conditions of her employment by placing her on a “performance plan”
d. Defendants’ conduct rendered the terms and conditions of Teri Wallace’s employment so intolerable that she was compelled to end her employment with Defendants.
10. The effect of the conduct complained of in paragraph 9 above has been to deprive Teri Wallace of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
11. The unlawful employment practices complained of in paragraph 9 above were
3

Case 6:04-cv-01423-JA-KRS Document 8 Filed 11/22/2004 Page 4 of 5
intentional. 12. The unlawful employment practices complained of in paragraph 9 above were
done with malice or with reckless indifference to the federally protected rights of Teri Wallace. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with Defendants, from engaging in sexual harassment, retaliatory conduct and/or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendants, to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees regardless of sex, and which eradicates the effects of their past unlawful employment practices. C. Order Defendants to make whole Teri Wallace by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay. D. Order Defendants to make whole Teri Wallace by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial. E. Order Defendants to make whole Teri Wallace by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life,
4

Case 6:04-cv-01423-JA-KRS Document 8 Filed 11/22/2004 Page 5 of 5
in amounts to be determined at trial.
F. Order Defendants to pay Teri Wallace punitive damages for their malicious and
reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public
interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
s/ Carla J. Von Greiff CARLA J. VON GREIFF Florida Bar No. 0110566 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 East Polk Street Suite 1000 Tampa, Florida 33602 Tel. (813) 228-2020 Fax (813) 228-2045 E-mail: carla.vongreiff@eeoc.gov
5

 
 Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 1 of 25

IN THE UNITED STATES DIS'I RICT C01JRT FOR THE ~'TIJ)DLE DISTRICT OF FLORIDA
ORLANDO DIVT~ION

LS_ EEOC Plaintit1;
and

CIVIl, ACTION \10_ 6:04-cv-OI42J-.lA-KRS

TERRI WALLACi:, Intervenor_ Plaintl[[

PA TrERSON CO!vIPANlES, NC. rik/a I'atterson Dental CornpUIlY. and PATTERSON DE\lTAL SLPPLY. [\IC.
Defendants.
AME:-JDED Vr.RWr~;!) COMPLAINT and DE'\IAND FOR JlJRY TRIAL
Intervenor-Plaintill. TERRI \VALLCE (hcrdnalter_ '·M.' Wallacc:-) by and through her umlernigned counseL hereby sues Defendants. PATTERSON (OMPANIES, INc"', [ik/a Patterson Dental Company, and PATTERSOI\" DENTAL SUPPLY,!\IC (hereinafter collectively referred to a." '"PA 1'[ URSON"), and alleg~s the following:
1:,\'TRODrCTlON
I. This action in'-olvcs claims Icx""l hara."menl and retaliation pursuant to Tille VII of the Ci"il Rir;hts Act of 1964. 42 U.S.c. §2000e, et ""-1-, a, amended bythc Civil Right, Actofl991. and purslIant tu the Florid<! Ci,-i[ Rights Act of [992. F/nridaS/u/u/e, § 760.01. else,!, and i, brought by Imervenor-Plaintiff. Ms Wallace

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 2 of 25

.JURISDICTION. VF.r\llE AND PARTIES

2.

Thi, action aris~" in part. W1der Till~ VII ,,[the Civil Rights A~tofl964. 42 (L~.C

2000. ~I ,r~q.. a, amended by the Ci ,,11 Rights A~t of 1991. ThIs Court ha, <mginal jurisciicti()ll to

grant rclicf'pursuant to 28 V.S,C, ~§ 1331. 1332(a)(I) nnd 1343 (3) nnd (4), TIll> Court i, ,csted

",lhjuri,diction to order an injunction. Ii-ont pay. bad. payor any other e'luitahl~ rdi~fas may be

proper. and compensatory and punitive damag;e~. atlomey" fee' and costs pur,uant to 42 USc.

SS I98 111 anJ 2000e·5(g.l. rllis action also arises. in part. under tile I' lorida Civil Rights ACI of I ~n.
Florid" SlalUles § 760.0 I, e/ seq (the "reRA"), This Court has jurisdiction (}Ver nil stme law claims

pur,"allt to 2R U.S.C. S1331 and 91367. The ,tate claims h~r"in are lOT clamag~, in c,,~~s, of

~75 ,000.00 and are tberet"re within the juri><lidion oj' this Honorable Court,

-'

V"nue is proper in the Orlando Division ofthc Middle District of Florida pursuant to

28 I 1.S,C. § 1391 (al and (~) b~callsc Defendant, a Minne,uta eorpomtion, h~s continllollsly been

doing busin~s' in tile state of Florida ond the eilie.' o[Oriando and I.ake \.1ary at all tim~., mat~rial

tel this action, anJ hecau", th~ unlawl'ul employment pracli~~, gIving fl'C to th" ~~llOn were

comnutted within Ihlg illdici~1 distnct.
4, pj~intiff, UI....1TED STATES EQUAL F\.1PLQY'vIENT OPPORTLNITY

COMMISSIOr->, (hereinafter, "FEOC"), mad~ a lInJin!,': of ,exual harassment and rctahanon against

PArrERSON. and flIed ~uit ill il:; "'''' righl on h~hall' oj' 'vk Wallace. givmg her Ih,' nght to

inte"en~ a~ a PlaintLff. }\ccmdingly. Ms. W~lbcc respectfully brings her d"ims hemn J~ an

intervening plaintiff, Acopy (lfthe EEOC', T,ell"r or Dd"lmina!ion lS ana~hcJ to thIS Complaint a~

Int~rvenur's EXHIBIT "A.~

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 3 of 25

5, Ime,-".enor-Plaintiff, Ms, WalIHce, i,; an individual "ho r~sidcd in Lake County,

l'l(\rida. during the lim~ ofhcrcmploymcntwithPAlTfRSON, M, Wallace began her employment

ot or around Fehruary 5, 2001 as a Customer Service Representative working nt PAITFI{SON'S

Tampa. Florida, bmnch office. '[11ereafter. lvk Wall,,~e "a, transferred to PA'1 I'f'RSON'S Orlando.

Florida. hranch onic~ (Jocat~d in Lake Vlary. Florida) in August of 200 I, She is kmu[e and is
thereJorc protccted from di,crimination in Gmploymcnt under the i'CRA and Title vn.

6, Dcfcndmll, PATTER SON. is a Minn~,ola corporation continuously doing hmine" in

Flmida amI in lh.- Cities of Orlando and l.ake Mary at all times materi,,] to this action.

PATTERSOl\- i., an "employcr" ~s defined by 421;,S,C § 2000~(b) and §760,02(7), Florida Statute.I'

hcc~\lSe it employ' fifl~vn or more employees for each working cia) in eaeh of twenty or more

calcnd~r weeks in the Cll'Tent or preceding calendar year, At all relevant llmes 10 Ihis action,

I'i\'ITERSO"J h~s continuously heen an employer engaged in an indll.,try alTectmg ~omrncrcc within

the meaning 01 Title VII and the FeRA.

COMPLlA""CF. WITH PROCElHIRAI. REQUIREMENTS

~.

Ms WallH~c hmely dual-filed J charge of di,nimm~lion with the C,~, Equal

Ernplo)1ncnt Opportunity Commission ~nd the I 'lorida C(}mmi"ion On Hllmml Relation. all~ging

hams,mcIlI on the basis of",,, and retaliation 111 violation of'l ide VII and thc FeRA ]vls, Wallace h~s satisfied ~Ily and all 3dmini'lrati \'~ r~'ll1jf~mcnts precedent to the filing oUhis ~ction under l'itle

VII ~nci pursuant to §76Q.Il, Florida Shlilite",

GEI\ERAL ALLEGATIOI\S API'LICABI.F. TO ALL COUNTS

9. :'-ls, \1\'allace hegan her employment with PATTFRSON on FehruoI)' 5. 200 I, ~s a

Cl1,tOlTIcr Service Represen(Utive m the company' s Tampa hranch olticc. rhereafter, Ms Wallace

3

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 4 of 25
"a, transferred to the Orlando hranch ol1icc ill AUgllst 2001 a~ all Equipmenl CourJinator. liniorilinalcly, Mrs, \Vallac~ was furetd to endure n s~xually hostile aml d~mcaning 'liork environmenl, a, well as differcnt tenns and condllions of her employment, becanse of he r gender, Ms. Wallac~ wa,l also retaliated against ancr shc complained nhollt the sexual hara."menl. and this retaliation culminmC<l in her consln1!;tive disd!arg~ un h:brualy 28,2002
10. After Ms. Wallace "a., lTlmsicrred tll 1',\ n liRSO\l'S OrLmdo branch office. she wus invllcd to lunch Ill' a co-"",kcr. Alkn :>1osby. in Augu'l 2001. In an etTon to become acyuainted
with office per.,onn~L "1" Wallace attended the lunch 1\-othing untowmd occllrred ~t thi, lunch, and
"1r. Mosby invited \k Wallace to lunch again on lh" iililowing day.
II. Ms Wallace was alarmed upon arriving at the restaurant to find that \fr. Mosby had a bottle of champagne waiting atlhc tHblc, even though it "a, in the middle of II workday. Mr. Mosby ofjcred Mrs. \1/allace a glass ofehampagne, tn which sh~ replied, "No. I am working. ,. Mr. Mosby proccedC<l to drink the whole bottle of champagne by hImself: He also made it clear dunng the cour,e or lunch that hc had romantic kcling; for Ms Wallace. '\ls. Wallace politely bllt unequi\ocully told Mr. Mosby thal ,he had no such imerest in him a, ,he was a happily married woman.
12. ML Mosby approached Ms Wallace a couple of week< lal~r and asked if he could
takc her to lunch to apologize for hi, behavior. As Mr. M(),b~ appeared to be <incere. ,,1>. \1/allaee
reluctantly ~gr~cd lQ go to lunch "ith him. M, \!"allacG dId not wish to have any lingering di,comt(nt in the workpla" r~gar"ing the prim in~i,kN O"mrbingly, during the lunch, 'vir. Mo,by hundcd M,. Walla~c" ~urd in which he had handwriU~Jl a vCl'yexplicil proposition to Ms. Wallacc. Horrified, Ms Wallace stn}]lgly remmded Mr. "'1osb}' that ,he was happily married, and she clearly
4

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 5 of 25
rejected his unwelcome sexual advances. 13 1\1,_ Wal!a~c wa, un;lIrC about what to do regarding Mr, Mosby'~ continued
unwelcome and inappropriate advances, as she was still n~w in her position and she did n,>t "ant [() be labeled as a "trouble-maker" by her coworkers and managers, As a result. Ms. VI,' allace confided in a co-workcr, Scott Smith, about Mr_ Moshy's inappropriate and wl\·"dcome c"ndllct and solicited M" Smith's opinion about how best to address the situatiOIl_ Disturhingly, Mr. Smilh's adVIce was
lhat :Vb. \Valla~~ ,hould 'Just let it go."
14. Thoug.h quite shaken trom Me. Moshy's advance" Iv!". Wallacc irlltially was wnccrncd about pursuing any action for fear ono'in!; h~r job, and she simply hoped that :vir. Mosby "ould SlOp his sexually harassing beha\'i",_ llo"evcr, \1>_ Wallace received another sexual!} graphic curd from 'vir. \1o,h} in Oclob~r 01 2001 In whieh he expressed his desire to ha\'e a sexlwl rdationshi p with her_ \1s_ Walla"~ MIS very dislraught and showed the card tCl her husband, Ricbard Wallace. who also hecame extremely upset and itllg,ry due to the offensive contents of tb., cam,
15_ Thereafter. Mr. Wallace "C'lll to meet with :vis, Wallace's manager, Ed
Woodland, and shared the conlents orthe exphelt cmd thn! his wife had recei\'~d from M,- Mo,by, Mr \Vallace also advised Mr Woodland ofthe other incidents of5exual harassment thaI his wik had experienced. Moreover, Mr Walla"~ lold Mr. Wllodland that he expected him 10 take acli<1n to ~nsurc that Mr. Mosby's sexual harassment ofMs, Wallace ceased immediHtel}_ Me. Wnouland told Mr, Wall~cc that he ,,'ould look into th~ maUer, but no investigation was ~ver underlaken by Mr, Woodland_ MQl'eCl"er, Mr. Woodland lo"k no meaningful action to prevent furlhc'r sexual harclssmcnt of Ms_ Wall,,~e by \1!-. Mosby.
16, In lhc aftermath of Mr. Wal!,,~~', reportmg concern, of sexual harassm~nl 10

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 6 of 25
PATTFRSON'S manager, Mf. Wo()(llaml, lvir Mo,b~', hIghly unwckmnc and oiTen,ive sexual advances continued to escalate. In December 01'2001, \1f. M",by gave Ms. Wallace a iive (5) page pomogl aphic hand,,,illen letler from Mr. Mosby In which he descnbed in graphic sexual delail his "ti:mta,y" of having sexual rdali<m.' wllh M,. Willld~e.
17. This letter wa~ botb ~ho~king III it I ojjensivc and graphIc naturc. and it was absolutel} mappropriate by ~ny reasonable standard of workplace decency_ Mr. Mosby' s unwel""nL~ ,exual "Iimtasics." depicwd in his letter. included. h11t were by no means limited to. the /(lilowing pa,"ag~:
"Now I move my hands ii-om your b"'~SI' and I plaee lhem under }our Jingeries Itop. Iifling it ",1 can placc kisses on your abdomen. As my hand, move to your panties, a smile is Ol1lllY face when I red ynuliJi y()ur hips !() me as I remove your iac(: panties. As 1 slowl) pull them offyolLr sexy legs. I ,tart k",ing your reel. y()ur ankles. your cur~e" and your inner thig"'. Now my mouth IS between your le~. my hands are on your hip' ami I can feel yOlL as you roll your pdV15 to meet my probing ton~'ue. 1can fed your clitoris stifren amI your, ul va swell. The more j·on wll your hips the more 1 probe. lick and slimulate you, umlll ted you shudder and lhen release, orgasm #1 .,.
18 Ms_ WHlla~~ wa, discouraged andextremclyconccroed that \1.. Woodlaod had taken no ael\on to end Mr. Mosby's increasingly insi~tent ",xual ild"ance", and that as a result a sexually hostile work envimnment continued to ~scalal"_ Accordingly, \1s. Wallace made a decision to pwvlde lvlr. Mosby's disturbing letter to I'A 1"11, RSO,-,' S upper management.
19. In carll' January of 2002, Ms. Walluce met with Mr. Doug Junes. PAITERSO:-.J'S Opemtions Manager, regarding the sexual harassment ,he continued to endure hom !VIr. Mosby. ~ls_ Wallacc related all of the sexual harJ.."illg behavior lhat Me. Mo,by had SUbjected her to, and ,he al", slumed lvlr. Jonc, all of the pornographic writings that ~he had received lrom \1r. Mosby.
"

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 7 of 25
20. Ms. 'Vallaee fllrther advised Mr. J,lnes that her hmhand had previ<Ju:sly inf<JrOlcd Mr. Woodland about the matter"., early as OClober. 2001. and lhat Mr Woodland had a,"~red Mr. Wallacc thal hc would conduct an invesligatlOn. H()w~v~"-. Jv1s. Wallace further udvised 1\1r. Jones that Me. \10,hy', highly upsetting and unwelcome .'ex\~~1 advonces had continued unabated. and that Mr, ''''oodland had taken no meaningful remedial actioll,
21, Me. .lone, met with M" \liallace again in mid-January of 2002 and advised that he had met wilh Mr Woodland regurding <'lhe sexual hams.,menl i%ue wilh ML Mosby." However. \1r .l(me, relaled thal Mr. Wo"dland wa, ollhe "pmion (hat /1,1>. W"ll"c~ had some falll! in the maUer, and had concluded that ,he mu,t have "led \1r. Mo,by on" Iv!r. Wo()(lland also had
statcd that he "could not bclic\'c" that Mr. Mosby would pursue Ms, ViaHace ilfter ,he had told him
that she wa, not inl~r~'led in" sexual rcla(ion~hlp.
22, Disturbiugly, mther than lll~anmg;lully addressing Ms. Wallaec' s conccm~"
I'ATTI'RSON' Supper managemenl t~am ~ngagcJ in a ngur()u, practic~ of "blaming the victim," and fnhely accused lI--k V\-'allace of ,omch"" "~'T1~ullmgin~" MT. Mo,by', increa,ingl y a,:gre."ive and highl)- unwelcome sexual advnnces.
Rather than lmmedimdy conducting the long overdue inve,tigation inlo "b
Wallac~'s allegatIOns. Pi\TTERSON' S upper management required her to cnntinue working- in the same m~a with Mr. Mosby lor approxlm~tcly the next month ~nd a half During thi, time, ML Mosby continued his blatant "'xu~1 hara"ment and ad\'nnces toward Ms. Wallace,
24, Some conlinuing examples ofMr Mosby's c()n(inuolls hnrassing behavior included. but wm; not limikd to. [oll()wing her in Iu, vehiclc while Ms. Wallace was on her lunch break; le~ning on the entrance l<J M" Wallac~', cuhidc at w()rk and staring at hcr in spite ofthe fact
7

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 8 of 25
that Ivls. \\:allace was dearly uncomfortable and frightcncd by this behavior: and sho"'ing 'vis,
25, Ms_ Wallace ~portedall of these continuing incidents to Mr. Jones as they occurred,
tlnwever, tV!r, lones took no action to either 'eparJte Ms. Wallace twm :vir. Mosby or to stop Mr.
Mosby's increasingly abusive and disturbing bebu\'ior. Instead, Mr. Jones' typical ~actioll to Ms. Wallacc's complaints was to simply state: "/ am sorry you are having to go II/rough tl/i.I'."
26_ Following her c()mplaints of sexuol haras_,ment against Mr "·10shy. Ms_ Wallace was suhjected t() ulllawful retaliation hy PATTERSON'S manag;ement and eITLplo~ee,. More spcciji~ally, Ms, Wallae~ was lsolatcd and ostracIzed in th~ workplace. and this vindictive hehavior wa, condoned hy managemenL ller direct supervisor, Mr. Woodland, adively ~n,oumgw employee, not to intemct WIth Ms, Wallace. Mr, Woodland also mstmcted cmployees to avold I\·]s. Wallace in ohtaimng purchase ordcrs for equipmcnt. Due to the fact that Ms. Wallac~'s ;nainjob tilllctioll related to the purcha<ing of e4uipment and processmg purcha'>ll orders. these rdaliatory actions essentially prcv~nted Ms, Wallace from bei~g able to perform ber joh dutieo_
n. 'vir. Mosby's disturbing harassment of Ms. Wallace had co~tinued unuhated
despite Ms, Wallace's complaints to PATTERSON'S mmmgt'menL For ~xample, at or around F~hruary Ll. 2002. 'vIr_ Mosby entered Ms, \Vallaee's offiee ~rea with a hand \witten sign which read. "rOUFe Tel"'Y hot. • Me. Mosby th~n tUTnGd the >!gIl around, and the other side ~ad. "/IIIi"k I'll keep Ihi.1 ,me· -- mukmg a blatant reference to the Ilumcrous sexually expl icit cards and letters (hat Mr. Mosby had previously giw!l to \1,_ Viullacc. a!ld "hich ,he in turn hHd ,ho\\''' to PAl rERSON'S management team in making hcrcomplmntsofsexual harassment. Mr. Moshy then tore the ,ign up in Ii-om ofMs, W~llncc,
8

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 9 of 25
2R. At or around February 15, 2002, \k IVlosby came into M,. Wallace's offic(' arcaand b~gan to 'tar~ at all of her piclUr~s {of her hll.<band. childr~n. etc.). Ms, Wallace politely bllt firmly in,isted that he please leave her work ar~a. In re'pcm'e. Mr. Mosby smekered ,mu stated: "flare if "'hell you're in control, it tum,,' me on!" Ilcspitc the fact that M,. Walbce wa, visibly upset by Mr. Mosby's eOllunents. he then smirktd Jnd called :'I.\s. Wallace "0 dominatrix!" Oncc a~~ain, Mr. \Io,by's acti",,, were highly offensive and unwelcome, and they served to further hllmliiat~ Ms. \\'allace in PATTERSO:>J'S workplace.
2'). At or around Fchrumy 19, 2002, M,. Wallace was at a drive-through ",indo" "ra fa't food restaurant during her llln~h h(mr when \1,- Mo~by drove up next to her v~hid~ on the passenger side, ,'lopped his car, and ~tarcd at 1\1>. Wallace. \1r. Mosby then drove oil' and circled tht· parking lot a wuple oftime~ hetore tinally driving ofr Mr. Mosby's eonducl to""lIrd Ms. Wallace on thi~ Qccasiun (and others) was tantamount 10 swlking, and It ,nerdy disturhed and unreasonably interfered wIth the tcnns and condItio", of lvk \\' allace' s employment at I'AITERSON
3D, Mr. M,,,by's acti'ln' in thi, regard were ~ clear im1ieahon that he had no intention of c~asing: hL' increa~ingl)" aggressive scxu~1 adwnccs. LJ pon information and belief, it clearl} app~ar" that \1r. Mo"by had de'"cioped some kind oft,,;stcd sexual ob,c"i(Hl with M,. Wallace - through ah,olutciy no faull of her own. Further eVIdence or Mr. \ 1o,by', 'fixation' can he gleaned through examination of some additional tanh and l~tteTs that lvlr. Mosby gavo; to Ms. Wallacc. In another handwritten (.1) page letter that Mr. Mosby \.VTote and gaw to Ms. \Vallace. he rcp~atcdl~ rder' to h~r as b~ing "illy Sweet Ob..e,•.•irm." Significantly. on page (4) ofthis kttcr, Mr. 'vl",by, himself. expressly recogmzed thm Mrs. Wallace hall prev;"m{y reqJle<ted thai he <top engaging in thc", disn,rbing and highly unwelcome bchavwr>,

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 10 of 25
] I. At or around F~hruary 20, 2002. a mIOCting was schcduled with Ms, \Valbce ~nd members nf PATTERSON'S managemenl lClllIl, Allhi, mIOCting, 1\·ls. \Vallace wa,; allruptly informed that the company "did not ha,c l"Tlollgh cvidcnce or enough information to make a determ ination or judgmenl" regarding her complnints of se>;ual harus~ment against Mr. lvloshy,
32. A ,ub,cqllcnt meeting was held on the morning ofFehn"lT} 21. 2002, ",h('rein Ms. \1,'allace wa5 given th~ unmi~takahl~ impr""io]] thatlhe company was angry with the situation that lhey Were being 'forced' to ~ddress due to her cnmplainh "r ,exual haras,rnenl against Mr, Mosby. Mr. 1farry JJamm, PATTERSON'S Regional :>'-lanager. demanded atone point during this meeting. "Jf/Mr. Mosby ~J action} hurt pm .\(/ badly, IVIIY didn tyoll just tell/lim to ,1'I"p.• lvk Wallace [<"ponded that she clearly told Mr. Mosby 10 ,top on numerous occasions, but that Ihi, had
ah",lul<' Iy "<> dl'eel.
,1, Innedibly. :>'-1r. Harranthcn demanded thut Ms Wallace try to explain "why" it wa, that Mr, Mosby had "kept l'er,<;.ling" in hi, advances. The dear implication of Mr. Harran', accusatory questioning. and the dear tenor ,,[lhi, meeting. was lhall'A'II'FII.SON'S management "'JS disingenuously accusmg Ms, Wallace. and m\l VIr. M",hy, a, hcin~ the 'cause' of th~ problem In e<sence. mther thnn cnnduCllng a meaningful inve,tigation into (hc disturbing stalking bchavior and highly lInwel""m~ s~"u"1 dd'ance, r~peatedly pe11'etrated b~ Mr. Mosby. PAT rERSON'S management team instead chos~ to "blame the victim,"'
34, Al a meeting held on rehruary 26. 2002. aucndCll by Mrs. Wallace and Mr. tIarran. Cor (h~ firM time in h~r cmplo)onent with PATTERSON, issues were rai,ed ,,"olll Ms. ',!.'albee's job per!ilTTnance. Ms, Wallace "'a'; given" hat was titlCll an '"action rlan," "hich ba,ieally consisted OIl! chockli,t of Ms. \Vallace',job dutie" She was also told that she \Va, gom~ to be
10

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 11 of 25
required to meet with J\.1r. Woodland on a weekly basis to go over the checklisllO ensure Ihat all of her joh dutie, had been peri(mned corr~ctly. Slgnilicantly. no other employee oflhe hran.;h where
~h Wallace "",ked was required to aUcnd weekly meetings of this nature. "·Ioreover. Ms. Wallace had never heen wam~" or ""un""lcd pr~viously \\l1th regard to any alleged 'conccrns' ahout hcr work p€ri(lrmance. Accordingly, the increased scrutiny of ).olrs. Wallace', perf()nn:mce h} PATTERSON'S managemcnt team wa, dearly pretextllal and retaliat",], in nuture.
35. 13y this point in time. Ms Wallace had hegan tl> e>.perience both physical .md emotionol difficulties a, a result of the continuing h",tilily in Ih" workplace . not onlj' Jium l\1r. \1",hy, hut also Ii-om Ius coworkers and trom members of PA r I LRSON'S manag"mt'nt team. \Ioreo\'er. ,he' had been repemedly stalked by .'vIr. Mosby for a period of several mnnth~ (wlerein he followed her to ga.' .,[ation,. Jaq 1()(Jd rcslaurafll~, and other such placcs) with absolutcly no pmtcction Ii-om PAITER50:-l' s management team.
Vi Mr. Mosby' s disgusting sexually-charged letters. coupled with hi, disturhing _,talking behavior. plac~d Ms. Wallace III fear for her physicnl ~afety_ and her emminnal and phy'ical heallh quickly "derimated. Finally. after having repeatedly complained in good faith about what _,he rea>Oflablj bdieved to be rcoccurring sexual hara.<sment in the workplace, PATTE1S0N'S Illan~gcment team made a cnncelted efrort to accu,e Ms. Wallace ofhavmg somehow 'in\, lted' this [wa[m~nl lrom \1r. Mosby, and PATTFR<;ON then hegan to criticize Ms_ Walla""',, Job performance in retaliati()l1 for her Cllmplmnts. Accordmgly. ~nd as a direct re~ult l>r the l>ngoing retaliation lind hoslLlily in the workplace, Ms. Wallace sincerely and rcasonllbly belie'cd lhat her working conditil>m, had become inlOlerablc. and that she hJd no alkrnative nthe, than to C(ln~trudi veil' knninale her p,,-,ilion on FGbruary 28. 2002.
1 1

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 12 of 25
37. Disturbingly, PATll'RSO\ 's vindictive campaign ofrewliation ~ppean' 10 h"v~ extend~d eve" i>ey",,<llhe lcrmination of ~s. \Vallacc's cmploymcnt relationship·· mud] to Ms. Wallace', se\"ere detrim~nl in l~rm' ()f hcr go()d liuth efTorts to mitigate her damage:>. More specifically. subsequent to her termmation. M~. V,iallacc was infonncd that an indlvidunl hJd contackd PAn I,RSON, o,tell,;i hl~ as a polenLial ~mployn ,,,ekillg to obtain a rcierence regarding Ms. Wallace.
38. rhi, individual seeking the reference had specifically requested to speak with PATTERSON-S OperJtiOllS r.tallager, )l.IL Doug J()n~s, in order to obtain a rderence regarding '\-1s. Wallace. Ultimately, tillS individuul was infonned by umale ~mpl()yee, "ho was clearly spmklllg on hehulf of l'ATII-RSON. that \h Wallace "had performed ill a" Ullsatisfactory m"'lner at Pattersoll, .. th~t ~he "llUdfiled afaAe refl/ITt ofuxual hl/rl/.un/em against another employee, "and that as a rc<;ult, she had heen "fired."
39 All conditions precedcnt to filing tbis action have beell performed. have (l~""rretl or
40. l\-k WJllace has ~ngaged the SC1TLCCS oflegal counsel, and is obligated to flliY legal wunse! their fcc, and costs in~LLrfcd in dlC prosecution (If her claims.
COlNTI
41. Ms. Wallacc rc>pcct!ully repeat< and realleges the alleg~ti()ns in paragraphs (Inc through lony oj !Ius Complamt. herein.

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 13 of 25
42, Ms. \Vallacc had all the ncc~"ary qualifications and did. in fact. adequately and effectively perform all of the duti"s of her p'"ition.
43, rhe harassmenl tu which \-b. \Vallace "a, ,ubjected was based upon he: gender. female.
44. PA'lTloRSON, by and through ils employee,. agent" sllper\'isor." manager, andior wrporate executives. violated 42 U.S,c. § 2000~-2(,,)(1) by pe'1'etratin[!, toleratin:l andior wnJoning sexual harassment 1ll the workplace and creating a h,,,tile work environment ~u fficicntly severe and/or per,asi"" that il unr~~'()nahly LmL'rI-"r~d with and ,ubjected \k Wallace t" inferior lmn, ,Old condition, of employment und negntively affected Ms. Wallace's physical and ps~chological "ell-being,
45, .-\ddition~lly. Ms, WaIl~ce suffered an adverse employment action when PATTFRSOl\ retaljat~d against her due to her protected complaints of sexual haras,ment. and lhis retaliation culminated ill M,. Wallace', cnn<ll'uclive discharge.
46, The c()nduct of PA TTFRSO'\', hy and through it, agenll;, employees, mnnagel'8. supcr,isors ami/or corporate executive,_ and PATTERSON'S fai lure to inve5tigate andtcr to take prompl remedial acti()n to pre,ent continued di",rimination and hams"ment of Ms. ,\Valbce, deprived Ms, W~lIncc of her swtutory nghts under 42 U,S.c. § 2000, d self
47, A I~gilimatc nOn-dlseriminatory rcaSun doc, not cxi~l to Jll,hfy PATTFRSON'S intentional dlsparate treatment of Ms, \liallaee. ]I,'loreovcT. PATTERSON failed 10 mearllngfully in\'Lsligat~ \1>. Wallace', complaim, in a limdy manner (having fi"t mad~ PATTERSON's mnnagement aware ofthe growing problem ~s emly ~s OClOberof2001). and further. PAnLRSO:--J failed to lake rea,onablc Care to pr~\'ent and correet the reporteJ sexual harassment.

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 14 of 25
4R_ The aLlions of PAT rLRSON nnd:'ar its agents, employees, manager~, supervIsors and/or corporate execllli\~s, w~rC wiliJul, w~nton, 11l1cntional and were undertak~n wilh malice and/or with a reckless indifference l(} Ms, Wallacc's federalJy protected rights. thus entiding Ms Wall~cc ((\ damage, in the form of c()mp~n,alm~ and puniliv~ damages pur,ulUlt to 2000(,)-5(g) to puni_,h PATTERSOK for the", "CllOns. and to ddcr PA'j' n :RS( lN, and otne,,_ from ,u~h adiuns in lh~ futur<:o
4'), rbe action< of PATTERSON as dcscnbed within this Complaint_ herein. mah reinstatement inetTective "-' a make whole renwdy, lhu> entitling .\is. WalJace to front ray in lieu of reinstatemcnt.
50, As a direct, proximate and fores~~ablc result of the action~ of PA r t LRSON. Ivl.<. Wallate has suffered past and future peculli~f}' los.,~s, ~moti"nal pain. suffering, inconvenience ~nd menIal angm ,h, I",s or enjoyment of life. loss of di~n;ty. emulional dmress. ~nd humi Iialion "-< well as other non"pecunial)- losse~ and intangible injuries.
Ilt(MAI\\) fOR RELIEF \VHEREfORE, Intervenor-Plainti t1', Tf'RRI WALLAl'L, respectfully demand,.i udgmcnt again,t Defendant, PATTER"Ol\' COMPANtI'S. t"-JC, ti)r back pay. tiunt pay i,' lieu of reinstatement, compen,atoT) damages. punihvc damages, prejudgment inlerest, attorneys' fces. cost, of this action and any such other rehef ~s this Court deemsju,[ aml proper,
51 , Ms, Wallace respecttully repents and reullqes lhe allegalions in p~ragrap ~s 14

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 15 of 25
one through forty of this Complaml, herein, 52. l'A'l'l"ERSOI\ viobt~d Title VlI nf lh~ C"ll Righls ACl of 1964, as amended, by
retal La!Lng Ms, Wallace for complaining ~bout what she reasonably and in good Elith behe voo to be sexual harassment to which she "al ,Iubjectcu, which is considered an unla",fLd employment pr<lc\ice und~r Title VII. Ultimately. Ihi, retahntion eulmllluted in )V]s, Wallace', constructive di,eharg~ III th~ fac~ of intolerable working conditions. and in the face of a work emif()nm~nl that had sel'crely impacted Ms. Wallacc's ~m()lional health and wdlheing a5 well u'> one which made her kar for her phy,ic,,\ "arety.
53, L" pon information and belief, PATTERSOY S vw<lictive campaign of retal iation appear, to havc extended e,'ClI heyond th~ tcrmlllutioll ofMs, Wnllaec' s emplo,ment reiati',"'hip --
much to M, \Vallace's ,evere ddrimcnt in lcrm, of her good faith cffo,1s to mitigate her damages,
!l.-lorc specifically, subsequent tl> her termmalion, Ms, \Val1ace w~s informed that an indi \' idual had
contacted I' Al noR<;( lr-., o,tensillly a, a po!enlLal employcr seeking to obtain a reference regarding
Ms. \Vallacc, 54. Thi, mdi ~ idual seeking the reference had 'peciJienlly rcquested to speal with
PATTERSO:-/' <; Operation, 'vlanager, Mr. Doug Jon~s, in order to obtain a reference regmding J\.f;, Wallace. lJ ltimatcly, tlns llld"'idual was informed Il} a mal~ emrl(Jy~~. who was clearly sp"aking on behall of PATTERSON. that M,. \Vallacc "had performed in on unsati.'ifal"lory manlier at Pllller~"", "thm she "hadfiled afal,.e repIJrl ofle.WIl/ harllssmenl agllin.rt another cmp/oyee," ~nd that as a re.9uit. ,he lmd been "}ired."
55, The actions of PATfERSOl\ and/or il> agents. cmplo}'ces. manager,. "UpCrvlsor' and..'o1' WI'porate execUli~~" were willtill, wanton. intentional and were undertaken with malice

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 16 of 25
andior with a reckless indifterence to .\1s. 'IV"llilce' s federall} protected fighl~, lhu, enlilling lvi,
Wallace damages in lhe form of compensatory and punitive damages pursuant to 2000(e)-5(g) to puni'h PATTERSON for these actIOns and to deter PAT rEKSON, and others, from ,uch actions in the fulure. Additionally, a legitimate and non-rctaliatoryinon-pretexlUal reason does no', exist to
iustif... PA TTFRSON'S retaliatury lrealment "I' M~. WaHacc. as has been more tully described in this
Complaint. herein. 56. lhe action; or I'ATTERSO;"': make reinslatemenl Ineffeclive a, a malw whole
rcmedy. thus enutling \ls. \Vallace to front pa} in lieu of reinslalemenL 57. As a direct, proximate and fo",seeahle result o[PATTERSON'S aClions. \1s. Wallace
hns suncr~d past and \\lill suffer future p~cuniar)' I",""s_ ~rn()lional pain and sujfenng, inCOll\"cnicncc and mcntal anguish. loss of enjO)~llent of life, I"," "I' dignity, ~rnolional dislrcs>, amI hllmil iation as well as other non-pecuniary losscs and intangible injun~s.
llE)-lA~n FOR ImUF.F WHEREFORE, Intervenor-Plaintiff; TERRI \VALLACE, rcspcclflilly demands judgment against Defendant. PATTERSON COMPANIES, IKe.. for back pay, front pay in liell oj' rein,talem"nl, compensalory damagcs. punilive damages, prejudgmcnt interest. atlorneys' fees. w,ls of lhis acl](m aml any ,uch olher relief ilS thi' Cou,t d~~ms juq and proper
COllI'T III
58. Ms. Wallace r~spectfull} r~pcat' and reallcges the allegati"ns in paragraph, one th,.,mgh forty of this Complaint.
16

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 17 of 25
59. 11m llis~Timmation anll haraS8ment 10 "hich Ms, Wallace wns subjected was based
upon her sex/gender. female, 60. PATTERSOI\ \'iolated I'lorida SWIII/,,,,, §760, eI ,\'<"1,. by int~nli()nally
discnminalmg against :Vis, \Vall,,-~~ and suhj~ding her 10 different terln-; and conditions of employment on thc bnsis ofhcr sex as more specliically all"g~d in the General Allegations <eetion of this Complaint.
(i 1 I he highly offensiw. threatening. intimIdating and humllialing verbal , "'\Tlll~n ant! un",eicome physical condnc! and sexual advances ofPAT rERSON'S agents, cmployees, managers, supervisors Bnd/or corporate executives was sufficiently SeVCrC andJor pcrva,,,~ lhal il cr~ated "hostile and olTcnsivc wor]." ~n;if()nm~nl ant! n~gali ... ely affected Ms. Wallace', phy'ical and psychological well being Addlhonally. tbis abn~i~e hostile work environment unre,lsonably inlerlered wilh the lerm, and conditions of M.' W"I lace' ; employment.
(,2. The conduct of PAT I'fI{ ~ON, by and tllrollgh its ~gcllts. employees, nw,nagcrs,
'upervisors andior corporate executives. and l' A n LRSO:--.J' S failure to take prompt rcmcll: al aetlOn
to pr~v~nl wntinned sexual hara"menl of M,. "':allace depri\'ed Ms. Wallace of her sMulory rights under (he FeR'"
til. There wa, no legitimate non-di'crimillutory reason to justify PATlloRSO!"'S
intentional disparate treatment of Ms Wallace. and male employee., at PATTf'R SO-:-.l wc,,, not
s\lbi~cted [(I thc same sexual harassmcnt and seAlInlly ofren~l' e and hllmilialing; verbal, wnllen and phY>lcal wnduct. ~vlorw\'CL PATTERSON failed to Ill~aningfuj]y imc,ligmc \1>, Walla~~'" complainls in a timely manner (having fj"l mad~ PATTERSO"',,r, managemenl ""are "flhe b'f"wing
17

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 18 of 25

problem us early a, Ocwbcr of2001), and further, PATTERSO:\ failed to tuke rea.<onable care to

prevent

and

correct

rep()]ted

sexlial

harassment

64. The aCllons of PATTI'RSOl\ and/or its agents, employees managers, sllpervisors

~ndior C(}rpOr.lle e"e~utiv", were willful, wanton, int~nlional3nd w~re perfonned with mali ce and/or

with a leckless indill'erence to Ms. Wallace', legally protected rights, entitling \1s Wallace to damage." in [he form of compensatory and punill \ Cdamages purSUJl1t to Florida Slalutes ~760. II (5) 10 plLni,h I'AITERSON f(lr its actions and to deter it. and oth~"" ii-om laking such actions in the

tinure. liS.

The actions of I'AriERSON makc rClllsmtcment ineffectiw as a make whole

remedy, thu, enlltiing :>.1s. W~llnce to frcml pa~ in lieu of reinstatcment 66. As a Jircct, proximate and j(lreseeablc result of I'ATTERSO'-!'S actions, has Ms
W~llace ha. suHeret\ past and will sufier fulure pecuniary losses, emotional pain, suffering,

mwnvcnicncc and mentul anguish, los, of enjoyment of life, loss of dignity, emotional disl ress, and humiliation as well ~s other non-pecuniary losses and intangible injunes.

DEMAl\'D FOR RELIEF WHEREFORE, Intervenor-Plaintit'!', TERRI WALLACE. re'peeli'lLlly demands!udgment

again,! Def'endant. PAlTER SO'\) COl\lP/\NIES, INC .. for back pay. Ii'ont pay ir lieu oi' rein"tatem~nt. wmpcnsalOry damages. pllnitiw dam~ges, prejudgmenl interest, attorneys bes. c<>,ts (If this "Cl1on nnd .men other rclief ~s this Court deem, jll,l and proper

18

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 19 of 25
RETALIATION 67, Ms. Wallace respectfully rcpcats and reallege, the aliegatlOn, m paragraph, one through IOl1y oftlm. Complaint.. 68. PATfERSO:-: vi"lal~d Honda Sfalule,\ §7('0 10(7) hI' rel"-liating agJin>;t M" Wul lace for complaining aoout what she reason~bly ~nd in good faith belicved to be sexual harassment to which she was subjecled, said discrimination b~mg considcrcu an unlawful employment pra~licc under Florida SraiUrd F60.10(1). Ultim~l~ly. this retaliation culminmcd In Ms, Wnllacc's COnsll1lctive discharge in the face of intolerahle \vorking conditions. and in thc face of a work
emi"'nm~nl that had se\'erdy impackd Ms Wallacc's emotional heallh and wellheing a, well ...,
()n~ "hlCh mad~ her I""r for h~r phY>lcal.,afely,
69, l:pon mformation and bclict: PATfERSO'\'S vindictive campaign 01 n'tali~tion
appears to have extendDd even bqond the termination of Ms. Viallaee' s cmplO}lllcnt rel~tionship-much 1" M,. \!':alla~c', ,nnc dclrimcnl in l~rnl' "fher ~uod Eulh effons 10 rnih~alc h~r damagcs. More spcciIicnlly. subsequcnt 10 hcr lcnnin~lion, Ms. \Vallacc wa:; infonncd that nn indiVidual had contacted PAn J:,RSON. ostcnsibly w; a potcntial employer seeking to obtain a rcfercnc~ regruding: )l.ls, Walla~c.
70. Thi" individual seeking th~ reference had ,pecifically requested 10 speak "'ilh
n· I' J\.'J RS( IN' S {)per~ti"n' Manager. Me. lJ''''g Jones, in order III oblain a reJ"r~nc~ reg~f{ling Ms.
Wall~~~, Ulimmdy. lhis indi'id!l~l was inj,mned by ~ male empltlye~. ,,110 wa, clearly sp""king on behalf of PATTERSOX thnt 'vIs. Wnllace "had perjormed in all un.mtio;filclory mllnner ill Plltterson, "lhat she "hadfiled aJalse report oj sexual harassment agaimt anather employee, "and

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 20 of 25
lhat as a result, ,he had been ''fired.'' 71 _ rhe action, of PATTERSON and/or its agents, employ"",. manager.;, ,1Ipcrvisor..;
Qnd:or ~OT]lOmte exe~utivc, were \villful. wanton, intentional and undertaken with malice and/or with a reckless indifference to Ms, Wallace's protected right" entitling M" Wallace to dmnaf'cs in the form of compen,alOry' amI punitive damage~ pur,uant to Flo'ida SWlul",1 §760,ll tn pUl1i,h PATrER~ON for these actions and to deter J'i\ ITFRSO'\', and others, from such action~ in the fllture,
72. 'Ihe acti(ln' "j PAITERSO:-J nwke reil1statement mdlCctivc ~s a ma~e whole rcomedy, thus entitling: :-..1.1_ Wallace to front pay in Iieu of r~in,(atement Additionally, a kgitinwte and n{)n·rdahmoryll\Ol\-prete~tual rea,en docs not exist to jU';tif)' PATTERSON'S rdaliatory treatment "rM~_ Wallace, as has been m(lre liLiI~ described in this Complaint, herem_
73_ A~ a direct. proximate and fore>eeahle resultofPATTERSO;>.J'S aClion" \1s Wallace has sui'tercd p~,t and future pecuniary losses, emotional pain and sulTering, in~envcni';ncc and mental nnguish, 10'"'' Lenjn} ment of life, jess of dignity, emotional distress, and humili"ti, In a, ,,'ell as othel' non-pecuniary' I{),"~, and intangible injul'i.,_
llKMAND FOR RELIEF WHEREFORE, Intcrvenor-Pillintill'. Tf.RRI WALLACE, demands judgment agninst Defendant, i'A TTERSO"l COMPA:-.JWS, T'\'C for ba~k pay, lion! pH)' in lieu oj'rcln>lmemelll. wmpensatol'y damages. punitive dHmages, prejudgment interc,t tlttomcy,' fees, costs of this achon ,mel ~ny weh othcr ldid '" lhis COlirt deelllsjmt and prop~r.
20

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 21 of 25
DEMAND FOI~ .IVRY TRIAL Intervenor·Plaintiff. TERRI WAlLACE. respectfully demands a trial byjury on all issues so lriable in each count of the Complaint, IlATEO this 29th day of November, 2004.
Respectfully,uhmitted. lsI Andrew G. Wedmore, Esquire Jill S, Schwartz. Esquire Florida liar r\o.: 523021 Andrew G. Wedl11()re, Esquire Florida Bar 1\0.: 0141143 JILL S. SCHWARTZ & ASSOCIATES, P.A. 180 Park Avenue :\orlh, Suite 200 \Vinler Park, Flondn 32789 Telephone, (407) 647-8911 Facsimil~: (407) 628-4994 E-mail: ,m oomore(,i'schy,.artLlawJirm.nd "'ttorne}' Ii" llllenennr-PlainlilT
21

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 22 of 25
VERIFICATION Personally appeared before the undersigned, 'I'I,'RRI Vi AI -I.A('I-: who, heing fLrq duly <wom. depo,es and 'til" that the allegations of this Verified lnt~rvcnor-CompJaint and Demand for Jury T naL ~onsisting of parngraphs numbered one thmugh <;evenly-three, inclusi\'e. are tru~ and eorrCCt to the b",t oj her knowledge. information 811d belief.

TERRIWAL CE

STA TR OF FLORIDA

COUNTY OF ORAJ\'GE

,

L The foregoing insttument was acknowledged .!:'cJ(lrL m5_this

day of ~

_

2004, hy TERRI WALLACE, who is pc[,soll~ll}' kno,,~ me, or who produced

, _____________-C___ JS identificmion,
"t.; . " .' ~~ ~~" V' oI /I~JSw~~.·~~~~~~
.NCHARY PllBi.IC. S rA n: OF I' LORIDA

t ;!LI)ft''i'.<cD'l'C",L_·____
I'rint Name

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 23 of 25
CERTIFICATE OI<'CMIECr EI,ECTONIC FlUNG
I HEREBY CERTIFY, tha! the following original document with the identified atUlChment' was electronically filed via the ni~trict CnuT1', CM/Ecr electnmic lilin~ system on this
29th day oI'N()\'embcr, 2004. and thm an electronic copy of same will be dillrihuied to the following: Michael J. Farrell, hyuire and Jcnnikr N, Brown. Esquire, U.S. Equal Employment Opportunity Commission, Miami District OUice, One Biscayne Tower. 2 South Biscayne Blvd .• Suite 2700, Miami. Floridu, 33131. and that an elcClronic copy and/or a hard copy will immediately be sent bv II ,S. Mail to Defendant'.' counsel ll.' ,oon as Delemlant"s ~ounscl makes an app~arance ill connection with this motter.
I~I Andrew C. Wcdmore. Esquire
Andr~" G, W~dmorc

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 24 of 25

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

J\.ti&mi Dirtrlet Office

0.,. t",,,)OI' T""",
l So,,,, B,,..Y"" BIv<!, s,,,. 21(>11 M..."nJllll ':JQ5) II 1-1" 1
TN ':10lJ lJi-S121
FK){ :m) Sl5-4011

EEOC Chllfge No.: 150 A2 2819

Ms. Terri Wallace
23400 c.R. 561
Astatula, Florida 34705

ChprgiDg Party

Patterson Dental Company clo Carol Halley, Associate General Counsel 1031 Mendota. Heights Road St. Paul, Minnesota. 55129

JUL 2 e ZD02

LETTER OF DETERMJNA1lQN

I issue the following determination on Ie merits of Ibis charge.

ResponcK:at is an employer within tb:: meaning of Title VII of the Civil Righst Act of ;.964, as amended, l Title Vll), and timeliness, deferral and all other rcquirements for coverage hg,vC been
m".

Olargingparty alleged that shewas discliJninatedagainstinviolationoITitle VII ofthc Civil Rights Act of1964, as amended, due to her gender, Femele, ill that sh~was sexually hamS5cd onds~bjecled
to a scxuallyhostile work enviroruncnt.

Examination of the evidence indicates that Ihe Charging l'mty has been discriminated against because of her gf'Jlder. She was treBted differently than mate employees by being subjected to a
s=ually offensive and ho~tile work environment. This harassment was ongoing and Re:!pondent failed to take proper remedial action resulting ill Charging p~'" conslrU(:tive dischal'ge. The evidence further 5ub5tan.tiates that Respondent rctaliatedagdnst Charging Party by subjcr;tlng hcr to height~ed scrutiny on the job and placing ber on a perfc=ce plan. prior to her constructive
discharae.

I have detcnnined that the evidence obtained dIlring the iuvestigation e.<Ilablishes thaUhen: is reasonablc causelO believe that violations of the statue bllV'l occurred

Upon finding that there is realion to believe that violations hl,ve occurred, the Cotnlllission attempts to eliminate the alleged unlawful practices by infonnal m'$ods of conciliation. Therefore, the
Commission now invites tho parties to j oin with it in reachi ng a just resolntion of this matter. The
confidentiality provisions of Sections 706 and 709 ofTitl(, vn and the Commission R~~gulmiOllll
apply to information obtained during conciliation.
._-------,. EXHIBIT" A"

Case 6:04-cv-01423-JA-KRS Document 13 Filed 12/23/2004 Page 25 of 25

LEITER OF DETERhlTI'IATION EEOC CHARGE NO.: J50-A2-02819 PAGEZ
Pleal1e complete the enclosed wvitation to Concilia.te and rctlffi it to the COIIlIIlission at the aboY<:
address no later than August 6, Z003. Youmay filx your =po:onse di=t1y to ( 305) 536- 41)11 to the attention of Monica Smith, Federal Investigator. Failure to Ieplyby August 6, 2003, will indicate that you are not interested in conciliating this matter md the Commission will detcmllne thai efforts to conciliate this charge as required by Title VII ofthe Civil Rights Act of1964, as amemled, have
been unsucccssful.
If the R!:3poudent declines to di~cllS.'j settlement or when. for any other reason, a settlement acceptable to the officeDircctor isnot obtained, the Director \1i1l maIm the parties and advise lhem of the court enforcement alternatives available to the aggrieved persoDli and the Commission.

Date I

Enclosure:

Invitation to Conciliate Info!Illlltion Sheet For Filing Suit in Federal District Court

co; Charging party Representative
Ms. Jill S. Scbwartz & Associates, P.A.
180 North Park Avenue, Suite ZOO Winter Park, Florida 32789-7411

e eno.) Costales District Dinctor

,L
, /

 
 Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 1 of 14
COSSEN1' DECREE
Plainrift thc Equal Er~iploymcnr Opportunity C'ommisslon thcrcinaftcr rcfmcd to as r! (hcrcinaficr rcfcncd to 3 s "i'at!erson" nr 'Tkfcnciants"), l'h: Conimission. Plainti tTInrcnmor an Dcfcndanrs are sotlcctivcly rcfcrrcd IO hcrcin 35 "tbc Panics."
.7 On Scprcmbcr 2 8 . 7004. EEOC iniriatcd !his rictwn by filing its Co~itplainin th United Slatcb District Court for it12 Sl~dcllcIXstri~rof Florida. T m p a Division. Ci\4 :Icriun 6:W

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 2 of 14 to. arncndtnents autl~orizedby the Cii'il Rights Act of 1991.43 U.S.C. Scctioti 2 0 0 0 ~d s r y .("Titl VII") by pcniiitting Mrs. Wallacc io be subjoctcd to scxtral h;irass~t~enbty o co~wrkcrt,in employe of thc Dcfcndanb. EEOC's Complaint further allcgcb that Defendants subscclucmtly rctaliated again! Mrs. Wrtll;rcc forcomplaining ofthc unlaivfr~slcxual harassment by ultcring thc t e r m andconditior of her employmcnt Icoding ro her constructi~cdischarge.
3. On Ocrobcr 36.2004. 'l'cni Waili~cclilcd a blotion to Intcrvenc'. \vhich n - ~gsrantc by thc Court on Nowmbcr 23. 2004. Trrri \Vallcicc's Complaint pleads causcs of action for scxu harassment and rcraliation under 'I'itle VLI as wcll 3s undcr the Florida Civil Rights Act of 1992.
3. Dcfc~~dandtscny all claims alleged in the Complaints tilcd in this acrhn. 5 . In the intcrcsts ofrcsolving this maim, lo avoid thc costs oflitigation. and as a rest of having engaged incomprehcnsive scttlenum ricgoriations, thc I'ar~ieshaw agrccd that this actic should he tinally rcsolvcd by entry of this Dccrcc. This I>ccrceis final and binding upon thc Partic [heir successors and assigns. 6. Tbc Parties agrec that this Decrcr rcsolvcs all clairw alleged against thc Dcfcndal
in EEOC Chargc Nu. 150-A2-2819 and the Conlplnints tiled in this action. and consritutci
c0111pIctcrcsoluti~o~fi all clain~sundcr Title VII [hat wcrc rnadc by thc Commission and Plaint Intcncuor in this action.
7. NOW. TIIEREFOKE. thc Courr having carcfidly csamincd the tmnsand provisit of this Decree, and hascci on rhc pleadings filcd by thc panics, it is OIWERED. ADJUIIGED A? DECREED 'I't IAT:
JURISDICTIOS 8. This Colin hasjurisdiction of thc sub.icct niattcr of this action and oscr thc Parties

Case 6:04-cv-01423-JA-KRS Document 41 thc purpose:, of C T I I C ~ ~ TaI Snd enforcing this Decrcc.

Filed 12/05/2005 Page 3 of 14

9. No party shall conrcsr ji~riscliciioro~f'this i'dcral court to cnforco this Dccrce and

tcrmsor tho right ofthc tl-1OC to seek enforcenicni in rtlc c\crlt Dcfcnclanr breaches any of the ten

of this Dccrcc.

GE3EHAL PHQC'ISIOSS

10. Ucfcnrllrnts, heir officers, and cn.rployccs, are cnjoincd from engaging iil condt

\r.hicli violates Titlc VII of rhc Cit il Rights Act of 1964, as an~cndcd.by advcrscly alTccring t

tonrls and conditions of any individual's ~rnploymct.b~ctcause of thcir gender.

1 1. Dcfcnhnts. their officers. and eniployccs, arc cnjoincd from retaliating ayainst a

cmploytt. who oppuscs any of Defendants' practices which the employee bclievcs to be unlaw:

m p l u p c n t discrimination. ivho filcs a charge of discrinlination with thc EEOC allegi

violation!^) of such srature: who coopcmtcs with the EEOC in thc investigation a n d or prosecuti

of any chargc of discrimination; or 3.\*hocooporatcd in tllc investigation or prosecution of this ca:

DISCRI3IlSA'I'IO.V POLICY A S D TRAIXING

12. Defendants have estublishcd a writtcn policy against scxual hiuassrnrnt which

at~ochcdas Exhibir A. Defendants a g e c that till ofihcir cmployccs and rnanagms in their Orlan
branch will be provided a cop): of thc policy against scxiinl harassment no later than Dcccnlbcr :

2005.

13. In ordcr to hrther cnsurc rhc cffcctivc irnplcnii.ntaiion of' Dcfmdants' an

discrin~inationpolicy, Defendants ivill conduct a two (2) hour a r m a l intcracrivc training for all

rhcir cmployccs in Dcknclatits' Orlando branch with spccitic anpl~asiosn recognizing harassmc

and on i t x propcr ytoccdure to be foilowcd it' they bccomc aware of hi~rassnicntin the workpli

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 4 of 14 or ~t'thcyrcccivc complaints of discrimination. Dcfcndants agrcc to provide the EEOC. at least tw uccks notlcc beforc they conducts thc training scssionrs), \vith the datc(s) and locstion(sl of rh rraining, the identitication of the mining niatcrinb to bc used at thc training scssinn, and a gcncn dcscrip~ioor~f ~ hcaiogory of c n ~ p l o y c c~~s h \o\.ill bc in attendance a[ thc training. 'Shc training wi he conducted by a human resources rcprcsentativc or designxed counscl. 14. Defendant ugrccs that the training described in paragraph 1 1 shall be conducte within ninety ( 9 0 )d u p of the cntr). ofthis Ducrec. And, should Ihcrcrrficr take placc aru~uallyin th samc iomar. by October 3 1. for thc durnriun ot'this Decrcc. Dcfcniiants funhcr agrcc that the polic and training nutcrials urilizcd for the raining dacribud in paragraph 1 I shall bc prcscntcd to an csplained lo a11 new nlanagcrs and supcnisors in thc Orlando branch, st bo did not atlend the annu: training, uithin rhiny ( 3 0 )d a n of being placed in s managelncnt or supervisory position. POSTISG
15. Dct;.nhnts s i l l post a Iamilrnrcci I 1 .u 14 copy of rhc Yot~cca,ttacf~cdas Eshibit I
nu Iatcr than tift~cn( I 5 )celcndardays fro111the cxccution of this Dccrw. Said noticc shall bc postc at Defendants' Orlando branch for the duration of this I)i-cree in a conspicuous location accasib to all cmployn-s such as an e n l p l o y ~b~ullctin board and or break lunch room.
;\lOSll'OHING 16. Dekndanis \r.ill m a i n all cn~ploymcnat nd or invcstiptive records relating in ar way to any complaint or allcyiion of sexual harassment relating to thc Orlando branch for ti duration of this Dccrcc and as required undcr fedcral law. 1 ?. Dcfi.n&nts \\.ill ccrtif?. 11) thc EEOC annuallyrhrougho~irthe duraiion of this Decrc ihat it ih:? arc in con~pliance ith 411 aspects ot'thii Dccrcc. Thc iirst such ccniticlition wll bc dl

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 5 of 14 no later than thtny(30) da)s from the firs: training pro\ ided pursuant t o paragraph 1 1. Thereafter cach certiticntion u i l l be duc no Iarcr than Drcsnrbcr 3 I " for thc duration of this Dccree. With C ~ C ! certification Dofcndanrs trill further provide thc IiEOC with thc numc, address, and phonc numhe t>fan) pcrwn .i! Orlmtlo brdnch who atkgcr they haic bccn wxually har.issod tshilc w r k ~ n : for Dcfcndanr durirlg rhe prececlmg S I X month pcriod. Uefendanrs will also sratc [he actions takcs in response to each such allegation and provide any and all documentation associated with suc complainr. ?'he certifications required to he suhmittcd to the E t O C pursuant to this Consent Decre h ~ l bl c n~ailud{sith rhc notation PAlTEKSOh MOKITORING to: U n i ~ c dS K I ~ESyuc. Employment Opportunity Comtn~jsion..Atrcntion: Ofiicc of the Rcgional Atronq-. 1 Biscayn 'I'o\vt.r, Suttr' 2700. 2 South B1sca)nc Boulciard, Xliami, FI 33 131 . 3IQNETARY RELIEF 1X. Deferitlants agrec to pa) a total amount of S I 50.00.00 to rcsolt e [hisIitigarion. Th pajment.; r e f m n c d hcrein shall issue isithin thin) (30)calcndnr days from the Court's evrcutio of this Decree. Thc monies hhall bc distriburcd as sct tbnh bclov. in Exhbit C attached hcrcto. I . If Defendants fail to tcndcr rhe abo\ e-mentioned payncnts a, set forth in paragraph IS ,~bo\:c,then Dcfcndanrs shall pay interest on the defaulted paynent at the r a calcularcd purmint to 26 U.S.C. Section 0611(h)until the samc is paid. and bear any additional eos tncurrd by fhc' EEOC mused by thc non-con~plianccor dclay of the Ilefcndants. ESFOKCE3IKSI' OF IIECNEE i9. The Commisjion shall have indcpendcnt authoriry to scck the judiiial cniorccnw of any aspect. !c'ml or provision ofthis t)t'crcc'. COSTS

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 6 of 14

U U ~ P ST:\TES DISTRICT il W i E

r-,

by: i

J&tr.o;a~ /,/d3/1'i,

Dclner Franklin-Thomas

Regional Attorney

U.S. EQUAL EMP1,OYhlENT OPPORTLBITY COXlhllSSION

Miami District O f i c e

One Biscayne Toxver. Suite 2700

3 South Bisca>ne Boulrtwd

Viami, Florida 33131

Tcltphonc: (305)530-6001

Facsimiiu: (305) 536-4494

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 7 of 14
:\GREED TO:
FOR Tf IE DEFFSD.4XTS: P.UTF,RSOSCOMP.-\LIFSI,hC'.& PATTERS01 DFST;
SUPPLY. ISC. Date:

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 8 of 14
EXHIBIT A (Patterson's Anti-Hari~ssrnentPolicy)

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 9 of 14
Patterson is comrnirtcd to the principlcs of cqual employment opportunity It is the po Patterson oot to discriminate on the basis of race, sex, color, age, reUgion, national I disability,veteran status or other protected dass status as requircd by any applicable fcdcral or local law.
Furtl~eri,t is Patterson's policy to recruit, Mrc,train and promote aII p c r s o ~ isn all job titles, i administer personnel actions such as compensation,benefits,transfek, company-sponsored ing,education and tuitlon assistance,as well as social and recreationid programs, without reg race,sex,color,age,religion,national origin, disabifity,vctcran status or other protected dass as requircd by any applicable federal,state, or local law. Pattersonmakes cmployment dccisic fitrthtr the principles of equal employnlent opportunity and to comply with all. applicable and regulations. Patterson will make pqmotional decisions in accord with principles of cmployrnenl opprtunlty by imposing only vafid rcquircmaltsforpronotional opprruuliic
It is Patterson's policy not to discriunlnatt against quhficd individuals with disabilities ;u pmvide rtasonabie accomodations as requircd by applicable fdd,state, and 1 0 4 lac otherwise qualified applicants and employees. It is the responsibility of the cmployee to in his or her managcr, prefenbly in writing, if thc cmployee believes that a rcasor accommodatior~is required due to a disability. lhployecs must state, to the best of tlielr al the specific work change,adjwtmcnt, or accommodation requested.
Reporting Proca If an employee bclicves there im been a violation of this policy, he 'or she should immcdi report the violation to his or her manager or other member of management listed in the Repo: Procedure desuibcd in the Stxual Harassment policy in this handbook. Patterson does tolerate any retaliation or intimidation directed towards anyone who reports a suspected vioh ofthis policy or participates in the investigation of such a report. Fmployees shouId immedi; report my retaliation or intimidation using the Reporting Procedure described in the Sc Harassment poky.
@ s=& Harassment
S c x u a l harassment is prohibited and will not be tolerated. This policy a h prohibits sa fiuassment by members of the samc gender. Retaliation a @ m a person who reports complains about xmal harassment,or who participates in rhe investigation of a m a 1hanssm
DEF 0026

Ccaosmep6la:i0n4t -icsva-l0so14p2ro3h-JibAit-eKdR. SAny: eDmopcluoymeeenotf 4P1attersFoinlefdou1n2d/0to5/h2a0v0e5violPatacgdeth1i0s of 14
subject to disciplinary action, which may include termination of cmployment.

DeE
IJnweIcome sexual advances, rcqucsw for sexual favors,and other verbal or physical con< sexual naturc constitutes s-1 lwassmcnt when:

Subnlissiom to the coi~ductis made either explicitly or implicitly a term or ci
- . of ctnployment; : Submission to or reje&ion of the conduct is used as a hctor in cmployment d4 affecting an individual; or The conduct unreasonably interfcrcs with an indivjdual's cmployment or:cre. intimidating,hostile, or offensive unploym.ent-.cnvironmcnt
Some examples of conduct which may constitute sa-ual hharassment, depending circumstances, include but arc not l i i t c d to, the follo~viag.:

Rcpcatcd and unwelcome suggestions regarding, or invitations to, social engagem social events; or *Any indication, expressed or implied, that any aspect of employment conditic personal safety depcnds or may depend on the granting o f -sexual favors 01 miiljngness to accept or tolerate conduct or communication of a sexualnature;or Unwelcome or coerced physical proximity or physical contact which is of a sexual or scmalfy motivated;or The deliberate use of offensivc or dcmcanlng tams which have a sclrual connotati * T h e dciihcrate aeation of an intimidating, hostile or offensivc atmosphex, th conduct or ~~~'lltllunicatoifoanS Q N ~ naturc,including diny jokes,graphic or s u e comrntnts about an individual's dress or body; or Inappropriate remarks of a s m a i nature.

Reporting Proa If an cmploycc believes he or she has been sexually harassed by another employee, a 'm management person, a vendor, consultant, custonler or any other person whom the cmp encountas in the course of employment,whether the opposite or same sex,or if an emp observcs suspected sexual hanssment, the employce should irnmediatclyreport the conduct or her irnmediatc manager,Pegion manager, a vice president or a human resource represcnra

Anyone, including manqps, who receives a report or complaint of sexual hxassmmt st immediately report it to the Human Resource Department in writing at 1031 Mendota He
C
Road, St. Paul, Mimesou 55120 or by telephone at 800-328-5536.

If a human resource representative is unavailable or if the report or complaint invdves a Ilu resource representadvc, thc individual receiving the report or complaint shonld irnmcdi: report it to the president: If a comnplaint is made to myone else, the complainant rjsks possibility that it will not comc to the attcfltionof tile appropriate management and,therefore, not be acted upon.

3

DEF 09270

II ...&

A I u u a l l L L ~ ~ ~ ALULCUA

S, IL S L ~ W I ~ CvLc IrnmCufxCiy reporrea to any of tllt

Claissteed6a:b0o4v-ec.v-P0a1t4te2rs3o-nJAd-oKeRs nSot toDleorcautme aennyt r4e1taliatiFoinleodr 1in2t/i0m5id/2a0ti0o5n dirPecatgede t1o1wof 14

who makes a complaint or report of sexual Inrassment or who participates in the inv

a complaint. The reporting proccdurc: described above should also bc used if a

believes he or she hw been subjected to prohibited rctaUation or intimidation.

Investigation and Reisporn
Complaints or ports of sexual hmsrncnt made'to any of the individuals listed ab promptly invcstigatcd. The timing and specik nahue of the investigationof any comp
- . determined by the designated investigaror. Although investigations wiU be cond "sensitivityto conftdentiallty iGues,lnvestigdtive information will be communicated as : to those with a need to know. Because the ciraunstances of evuy complaint or repo harassment arc different, the ' investigator will usc discretion and flexibility in con appropriate investigzrion of and formulatingan appropriate! response to cach cornpI.;rjul consistent with ~ a t t c r ~ & * sp o k y against sexual harassment Lf the investigation in&( violation of rllis policy may have occurrkd,timely and appropriate action -will be taker fbund to havc committed a violation of this policy may be subject to a broac consequences,up to and including termination of employment.

P-zltterson strictly prohibits conduct that denigrates or shows hostility or aversion individual because of his or her race, sex, color,age, reitgion, national origin, disabili status or other protected dass status as required by law,and that:
Ha5 thc purpose or eff& of creating m inthnidatkg, hmilc, or offen environment; . Has the purpose or effect of urnsonably interfcrfng with ail individt perforrnmcc; or Otherwise adversely affects an individual's employment opponunities.

Dt
.Dcpcnding on the circumstances,prohibited hm&rnmtmay include, but is not limitcd

Epithets,slurs,derogatory words or negative stereotypes; OffenSiM,threatening,intimidating,or hostile acts or behaviors; Written or graphic materials (including, for example, pictures, calendars, c-I scre& savers); and Written,verbal, or physical acts that purport to be cartoons,jokes or pranks.

Reporting Pr I f an employee belicvcs there has becn a vjolation of this policy, he or she should iau report the vioIation by following the Reporting Procedue c ~ n t a h e din the Sexual Ha policy in this handbook.
Patterson docs not tolerate any retaliation or intimidation directed t o m & anyone who complaint of harassment or who panicipates in the investigation of a complaint Rt

4

DEF 00

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 12 of 14

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 13 of 14

SO'I'ICE '1.0ALL E31PLOYEES
POS'I'EI) YURSUAY'I' '1.0:ICONSEN'I' DECREE BK'I'\\'Ele:N T H E
UYITED STATES EQUAL E.\IPLOl.hIENT OYPQRTUSITY CO>I.\lISSION h N D PA'ITERSOS COMPASIES, ISC. S; PATTERSOS DENTAL SUPPLY. 19C

This norice is bcing posted pursuant to a Conscnr Dccrec cnt~rcdby thc Court in ElXK * Partcrson Cornuanics, Inc. & Patterson Dcntal Sunolv. Inc.. Patterson has agrccd that it will no1 dixcrirninatc against employcvs on the basis of gender in violation of Title V11 of &L. Ci\ il Righi Art of 196.) ("Title i'II"). Title VII protects individuals from cmplo>mentdiscrimination bccausc of thoir race, religion. color, national origin, or sex. Pattcrson will not condonc ctnployncnt discriminarion of any kind as set forth in fcdcrrrl anri-discrimination l a w ,

Furthcrmurc, Patterson. assures its cniploycrs that it supports 'Sitle VII and will not takc any action against an individual bc'causc hc'shc has cscrciscd h i s , h ~rrights under rhc law ro opposc discriminatory acts or to file charges with thc EEOC.

Appropriate corrective action, up ru and including tcm~inations,hrill bc rakcn ngrtinst any cniploycc iincluding nmagcmcnt personnel) found to violate the policies regarding discrimination. bascd upon thc circumstances involved.
.I.h ~ nsoricc shall remain posted for thrcc (3) !ears from the date signed. Employees or applicants for cmploymc.nt who have qucslions about thcir rights uadcr Tide VI1 or any o h icdcral anti-discrimination law may tclcphonc thc Miami District Ofticc of thc Equal Employment Opportunity Conmlission at 1-800-669-4000.

Siyncd this -day of

.?OOj.

PRESIDEST PATTERSOX COMPANIES, IXC.

Case 6:04-cv-01423-JA-KRS Document 41 Filed 12/05/2005 Page 14 of 14
In order to resolve EEOC v. Patterson Colwnics. Inc. & Patterson Dental SuftPIV,.1
Case Yo. 6:04-CY-01423-JA-KRS, Patterson Companies, Inc. and Patterson Denrat Supply. Inc.. sl
pa) thc total dmotlnt ot' S 150.0W) 00 to be d~stributcclas folio\\ s:
1 . Defend;lnts will pay Tem \YallaceT\ven[y Fi\ e Thousand Dollars and 00i100 Ce. (525,000.00) in the form of a check rnrrde to the order of Tcrri Wallace. 1 pajment shall be representative of lost tvages. Defendant agrees to malie ~.itl~holdinagss rcquircd by law and to pay the onlploycrs share of social secu \vithholding and issue a foml 'A7-2 for same.
2. Defendants ti ill pay Tcrri CValIace Sixty Thousand Four tiurldrcd Sixty Sine Dollars and 631100 Cents (560,469.62)in the form of a check made to the order Terri Wallace. This pajmenr shall bc rcprescnratii c ofcompensatory damages. Dcfendants shall issue a form 1099 to Mrs. Wallace itemizing same.
3. Defendants will also pay Sixty-Four Thousand Five Hu~ldredThirty Dollars : 35 LOO Cents (S64.530.3S)in thc fonn of a check rnade ro the order of Jill Schlvartz S: Associates, P.X. representing attorney fees and costs, and shall issue I.R.S. fimn 1099 to Jill S. Sch\van;. 8:Associates. P.A. i t z m i h g same.
1. Defendant shall issue the checks referenced in 1. 2 and 3 of Exhibit C herein, \\,\thin thirty (30) calendar days from the Court's execution of this Decree to Jil S c h ~ a r&t ~Associales, P A . . 160 North Piirk At enue, Winter Park, FL 32789 1 certified mail with a return receipt requested. Copies of the patmrlnt checks shi be fonvardeci to the artention of Carla J. Yon GreilT, Senior Trial Atlonxy, U.S Equal Employnrnt Opportunity Commission. 501 East Polk Street. Suite 1 0 0 , Tampa. Fl, 33602.

 
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CLOSED, MEDIATION
U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:04-cv-01423-JA-KRS

Equal Employment Opportunity Commission v. Patterson Companies, Inc. Assigned to: Judge John Antoon II Referred to: Magistrate Judge Karla R. Spaulding Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2004 Date Terminated: 12/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer N. Brown Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6012 Fax: 3055364494 Email: jennifer.brown@eeoc.gov TERMINATED: 04/04/2005 LEAD ATTORNEY

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Intervenor Plaintiff Terri Wallace
V. Defendant Patterson Companies, Inc. formerly known as Patterson Dental Company
Defendant Patterson Dental Supply, Inc.

Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net TERMINATED: 08/16/2005
represented by Andrew G. Wedmore Jill S. Schwartz & Associates, P.A. 180 North Park Ave., Suite 200 Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: awedmore@schwartzlawfirm.net ATTORNEY TO BE NOTICED
represented by Lori Anne Brown Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/603-2552 Email: labrown@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick F. Martin Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/603-2552 Email: pfmartin@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lori Anne Brown

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Mediator
Jay M. Cohen TERMINATED: 12/05/2005

(See above for address) LEAD ATTORNEY
Patrick F. Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jay M. Cohen Jay M. Cohen, P.A. P.O. Box 2210 Winter Park, FL 32790-2210 407/644-1181 Email: jmcohen@bellsouth.net PRO SE

Date Filed 09/28/2004 09/29/2004 10/10/2004
10/10/2004
10/14/2004 10/14/2004 10/26/2004 11/22/2004

#

Docket Text

1 COMPLAINT against Patterson Companies, Inc.; jury demand filed by Equal Employment Opportunity Commission.(JRM) (Entered: 09/29/2004)

2 Summons issued as to Patterson Companies, Inc. (JRM) (Entered: 09/29/2004)

3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 Notice of pendency of other actions due within 11 days from the date of this order. Signed by Judge John Antoon II on 10/5/04. (DJD, ) Additional attachment(s) added on 10/20/2004 (AKJ, ). Modified on 10/20/2004 to delete wrong document and add the correct one(AKJ, ). (Entered: 10/10/2004)

4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due within 11 days from the date of this order. Signed by Judge John Antoon II on 10/5/04. (DJD, ) (Entered: 10/10/2004)

5 CERTIFICATE of interested persons and corporate disclosure statement by Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/14/2004)

6 NOTICE of pendency of other actions re order of compliance to Local Rule by Equal Employment Opportunity Commission Related case(s): No (Von Greiff, Carla) (Entered: 10/14/2004)

7 MOTION to intervene by Terri Wallace. (Attachments: # 1 Exhibit "A" Intervenor Complaint with Intervenor Plaintiff Exhibit "A"# 2 Exhibit "B" Letter of Determination)(Wedmore, Andrew) (Entered: 10/26/2004)

8 AMENDED COMPLAINT Adding Defendant against all defendants, filed by Equal Employment Opportunity Commission.(Von Greiff, Carla)

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11/23/2004 11/26/2004 12/14/2004 12/20/2004 12/23/2004 12/23/2004 12/23/2004
12/23/2004 01/03/2005 01/04/2005 01/04/2005 01/04/2005 01/10/2005 01/10/2005 01/14/2005

(Entered: 11/22/2004)
9 ORDER granting 7 Motion to intervene. Intervenor is instructed to file complaint as a document and not an attachment to motion. Signed by Judge John Antoon II on 11/23/2004. (EMW) (Entered: 11/23/2004)
10 Summons issued as to Patterson Companies, Inc., Patterson Dental Supply, Inc. (JRM) (Entered: 11/26/2004)
11 INTERESTED PERSONS ORDER. Certificate of interested persons due by Terri Wallace within 11 days from the date of this order. Signed by Judge John Antoon II on 12/14/2004. (DJD, ) (Entered: 12/14/2004)
12 RETURN of service unexecuted by Equal Employment Opportunity Commission as to Patterson Companies, Inc. (IGC) (Entered: 12/20/2004)
13 AMENDED COMPLAINT against all defendants, filed by Terri Wallace (jury demand) (Wedmore, Andrew). (Entered: 12/23/2004)
14 CERTIFICATE of interested persons and corporate disclosure statement by Terri Wallace re 4 Interested Persons Order. (Wedmore, Andrew) Modified on 12/27/2004 (IGC). (Entered: 12/23/2004)
15 NOTICE of pendency of other actions re order of compliance to Local Rule by Terri Wallace Related case(s): no: re 3 Related Case Order (Wedmore, Andrew) Modified on 12/27/2004 (IGC). (Entered: 12/23/2004)
16 RETURN of service executed on 12/15/04 by Equal Employment Opportunity Commission as to Patterson Dental Supply, Inc., by Service on Anne Boutilier at CT Corporation. (JET) (Entered: 12/27/2004)
17 RETURN of service executed on 12/21/04 by Equal Employment Opportunity Commission as to Patterson Companies, Inc. (JRM) (Entered: 01/03/2005)
18 ANSWER to amended complaint and Statement of Affirmative Defenses by Patterson Dental Supply, Inc..(Brown, Lori) (Entered: 01/04/2005)
19 NOTICE of pendency of other actions re order of compliance to Local Rule by Patterson Dental Supply, Inc. Related case(s): No (Brown, Lori) (Entered: 01/04/2005)
20 CERTIFICATE of interested persons and corporate disclosure statement by Patterson Dental Supply, Inc.. (Brown, Lori) (Entered: 01/04/2005)
21 ANSWER to amended complaint by Patterson Companies, Inc..(Martin, Patrick) (Entered: 01/10/2005)
22 NOTICE of pendency of other actions re order of compliance to Local Rule by Patterson Companies, Inc. Related case(s): No (Martin, Patrick) (Entered: 01/10/2005)
23 CERTIFICATE of interested persons and corporate disclosure statement

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01/26/2005 01/26/2005 01/28/2005 01/28/2005 02/11/2005 02/14/2005 02/15/2005 03/04/2005 03/21/2005 04/04/2005 04/18/2005
04/19/2005 08/16/2005 08/17/2005

by Patterson Companies, Inc. re: 4 Interested Persons Order (Martin, Patrick) Modified on 1/18/2005 (IGC). (Entered: 01/14/2005)
24 Unopposed MOTION to Attend The Case Management Conference Via Telephone by Patterson Dental Supply, Inc., Patterson Companies, Inc.. (Martin, Patrick) (Entered: 01/26/2005)
25 ENDORSED ORDER granting 24 Motion to Attend Case Management Conference by Telephone. Signed by Judge John Antoon II on 1/26/2005. (EMW) (Entered: 01/26/2005)
26 MOTION unopposed To Attend Case Management Conference Via Telephone by Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/28/2005)
27 ENDORSED ORDER granting 26 Motion to attend case management conference by telephone. Signed by Judge John Antoon II on 1/28/2005. (EMW) (Entered: 01/28/2005)
28 NOTICE of unavailability of counsel byPatterson Dental Supply, Inc., Patterson Companies, Inc. from 03-30-05 to 04-01-05. (Brown, Lori) (Entered: 02/11/2005)
29 CASE MANAGEMENT REPORT. (Wedmore, Andrew) (Entered: 02/14/2005)
30 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge John Antoon II on 2/15/2005. (EMW) (Entered: 02/15/2005)
32 NOTICE by Equal Employment Opportunity Commission of Scheduling Mediationfor 9/15/05 with Jay Cohen, Mediator. (Von Greiff, Carla) Modified on 3/7/2005 (JRM) (Entered: 03/04/2005)
33 ANSWER to amended complaint by Patterson Dental Supply, Inc., Patterson Companies, Inc..(Martin, Patrick) (Entered: 03/21/2005)
34 NOTICE by Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 04/04/2005)
35 NOTICE of unavailability of counsel byEqual Employment Opportunity Commission from May 27, 2005 to June 13, 2005. (Von Greiff, Carla) Modified on 4/19/2005 (JRM). (Incorrect document attached; attorney refiling) (Entered: 04/18/2005)
36 NOTICE of unavailability of counsel byEqual Employment Opportunity Commission from May 27, 2005 to June 13, 2005. (Von Greiff, Carla) (Entered: 04/19/2005)
37 NOTICE by Equal Employment Opportunity Commission of Withdrawal of Michael Farrell As Counsel of Record (Von Greiff, Carla) (Entered: 08/16/2005)
38 ORDER granting 37 motion to withdraw. Attorney Michael Farrell is no longer counsel of record in this case.Signed by Judge Karla R. Spaulding on 8/17/2005. (SDT) (Entered: 08/17/2005)

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09/22/2005 11/25/2005 12/05/2005

39 MEDIATION REPORT Hearing held on September 15, 2005 Hearing outcome: Continued(Cohen, Jay) (Entered: 09/22/2005)
40 NOTICE by Equal Employment Opportunity Commission of Filing Consent Decree (Attachments: # 1 Exhibit A Consent Decree)(Von Greiff, Carla) (Entered: 11/25/2005)
41 Consent Decree.Signed by Judge John Antoon II on 12/5/2005. (EMW) (Entered: 12/05/2005)

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