IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

City Crescent Building, 3rd Floor

)

10 South Howard Street

)

Baltimore, MD 21201

)

)

Plaintiff,

)

)

v.

)

)

THE FULLERTON ANIMAL HOSPITAL )

8018 Bel Air Road

)

Baltimore, Maryland 21236

)

)

Defendant.

)

Civil Action No.
COMPLAINT AND JURY TRIAL DEMAND

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 retaliation, and to provide appropriate relief to Charging Parties Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman. As alleged with greater particularity, below, the United States Equal Employment Opportunity Commission (“the Commission”) alleges that Defendant Fullerton Animal Hospital has committed retaliation in violation of Title VII by terminating the Charging Parties for opposing conduct protected by Title VII.
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
1

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 United States District Court for the District of Maryland, Northern Division.
PARTIES 3. Plaintiff, the United States 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, Defendant Fullerton Animal Hospital, incorporated in the State of Maryland, which has continuously been doing business in the State of Maryland and the City of Baltimore, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 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, Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman filed charges of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. Since at least February 2003, Defendant has engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. 2000e-3(a).
8. On or about February 2003 and March 2003, Defendant discharged Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman in retaliation for complaining about a sexually hostile work environment caused by the intimate personal relationship between Defendant’s owner and a female doctor employed by the practice. The aforementioned discharges violated Section 704(a) of Title VII.
9. The effect of the practices complained of in paragraph 8, above, has been to deprive Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman of equal employment opportunities and otherwise adversely affect their status as employees.
10. The unlawful employment practices complained of in paragraph 8, above, were intentional.
11. The unlawful employment practices complained of in paragraph 8, above, were done with malice or with reckless indifference to the federally protected rights of Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman.
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 it, from engaging in employment practices that violate Section 704(a) of Title VII, and any other employment practice which constitutes unlawful retaliation.
3

B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole, Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman, by providing appropriate backpay 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 frontpay in lieu thereof.
D. Order Defendant to make whole Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8, above, in amounts to be determined at trial.
E. Order Defendant to make whole Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, in amounts to be determined at trial.
F. Order Defendant to pay Catherine Krupa, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman punitive damages for the malicious and reckless conduct described in paragraph 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public
4

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,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/S/ GERALD S. KIEL (Bar No. 07770) Regional Attorney
/S/ TRACY HUDSON SPICER (Bar No.08671) Supervisory Trial Attorney EEOC-Baltimore District Office City Crescent Building, 3rd Floor 10 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4623 Facsimile number: (410) 962-4270/2817
5

 
 UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201
(410) 962-0782 (410) 962-2698 FAX

April 13, 2005
MEMO TO COUNSEL RE: EEOC v. The Fullerton Animal Hospital Civil No. JFM-03-2791
Dear Counsel:
Upon reviewing case management reports, I realize that I had not entered a formal order incorporating the rulings I made at the conclusion of the hearing held on March 4, 2005 denying defendant’s motion for summary judgment.
Accordingly, the purpose of this letter is to request that the Clerk enter a docket order denying the motion for summary judgment.
Despite the informal nature of this ruling, it shall constitute an Order of Court, and the Clerk is directed to docket it accordingly.
Very truly yours,
/s/

J. Frederick Motz United States District Judge

 
 UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201
(410) 962-0782 (410) 962-2698 FAX

April 15, 2005
Memo To Counsel Re: EEOC v. The Fullerton Animal Hospital Civil No. JFM-03-2791
Dear Counsel: I am in receipt of Mr. Ingle’s letter of April 14, 2005.
Mr. Ingle is correct that I erroneously entered an order denying defendant’s motion for summary judgment. My recollection failed me when I was reviewing the case management report that prompted my letter order of April 13, 2005.
Accordingly, my April 13, 2005 order denying defendant’s motion for summary judgment is withdrawn. The motion will remain pending while you conduct your mediation. If the mediation fails, I will decide whether to grant or deny the motion or to postpone ruling on it, awaiting the deposition of Ms. Hogg and supplemental briefing.
Despite the informal nature of this ruling, it shall constitute an Order of Court, and the Clerk is directed to docket it accordingly.
Very truly yours,
/s/
J. Frederick Motz United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

Case No. JFM 03cv2791

)

THE FULLERTON ANIMAL HOSPITAL

)

)

Defendant.

)

)

CONSENT DECREE Plaintiff, the U.S. Equal Employment Opportunity Commission (the "Commission" or "EEOC"), commenced this action on September 30,2003, in the United States District Court forthe District of Maryland (NorthernDivision)againstDefendantFullertonAnimalHospital. ("Fullerton"). In its Complaint, the Commissionallegedthat Defendantengagedin unlawfulemploymentpractices by terminating Charging Parties Catherine Kruba, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman ("the Charging Parties") in retaliation for their having engaged in conduct protected by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). As a result of settlement discussions, the Commission and Defendant desire to resolve this action and all issues raised by the Complaint without the time and expense of contested litigation. This Decree is being entered into with the consent of the parties and shall not constitute an adjudication by this Court of any of the allegations of the Commission, or an admission by the Defendant of any liability, or a waiver by the Commission of any contentions of discrimination.

For the purpose of resolving this action, the parties acknowledge the jurisdiction of the United States District Court for the District of Maryland (NorthernDivision) over the subjectmatter and over the parties to this case for the purpose of entering this Consent Decree and, if necessary, enforcing this Decree.
The Court, having examined the terms and provisions of the Consent Decree, finds that it is reasonable andjust in accordance with the Federal Rules of Civil Procedure and Title VII. The entry ofthis Consent Decree will further the objectives of Title VII and will be in the best interests ofthe parties and those for whom the EEOC seeks relief.
This Decree constitutes a full discharge and satisfaction of any and all claims which have been alleged in the Complaint filed in this Title VII action by the EEOC based on the EEOC's determinations of discrimination for the charges filed by Catherine Kruba, Cathy Chatterton, Lisa Phillips, Nicole Ruble, and StaceyErisman (EEOCadministrativechargenumbers 120-2003-02689, 120-2003-03374, 120-2003-03329, 120-2003-03283 and 120-2003-03283).
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-DISCRIMINAnON 1. Defendant, its officers, directors, agents, and e~ployees acting within the scope of their
agencies and employments, respectively, its successors, assigns, and all persons in active concert or participation with them or any of them shall comply with all provisions of Title VII and are enjoined from any present or future violations of Title VII. Prohibited discrimination includes, but is not limited to, any harassing conduct or other discrimination because of sex or because of conduct protected under Section 704(a) of Title VII and/or
2

-- - ---
failure to take prompt and reasonable action to correct and prevent harassing conduct prohibited by Title VIT.
NON-RETALIATION 2. Defendant, its officers, directors, agents, employees actingwithin the scopeoftheir agencies
and employments, respectively, its successors, assigns, and all persons in active concert or participation with them or any ofthem shall not engage in reprisal or retaliation of any kind against any person because such person, either in the past or in the future: (a) opposed any practice made unlawful or reasonably believed to be unlawful under Title VIT;(b) filed a charge of discrimination with the Commission or any fair employment practices agency;(c) was identified as a potential witness for the EEOC in an action; (d) requestedand/orreceived relief in accordance with this Decree; (e) participated in any manner in an action under Title VITor in any investigation giving rise to such action; or (f) asserted any rights under this Decree. In this regard, Defendants shall not take any action against any person(s) which constitutes intimidation, coercion,retaliation,harassment,or interferencewith the exerciseof such person's rights under Title VII because of the filing of Charge Nos. 120-2003-02689, 120-2003-03374, 120-2003-03329, 120-2003-03283 and 120-2003-03283 with the EEOC, which form the basis for this case, or because such person(s) gave testimony or assistance,or participated in any manner in any investigation or proceeding in connection with this case under Title VIT.
3

DURATION OF DECREE

3. This Consent Decree shall be in effect for a period of two (2) years from the date it is entered

by the Court.

MONETARY RELIEF

4. Defendant and Dr. Robert Brown shall pay a total of$55,000.00 (fifty-fivethousanddollars)

in backpay and compensatory damages, with one third ofthe monies being denominated as

backpay and subject to legally required withholdings. The payment of the monies is to

benefit the Charging Parties in amounts designated by the Commission in the payment

schedule to be provided to Defendant within three days of the entry of this Decree. Dr.

Brown is jointly and severally liable with Defendant for the payment of the $55,000.

5. The total sum will be paid in seven quarterlypayments, six quarterlypaymentsin the amount of $8,000 and the seventh quarterly payment shall be in the amount of $7,000. The first payment is due on July 1, 2005, the second payment due on October 1, 2005, the third payment is due on January 1, 2006, the fourth payment is due on April 1, 2006, the fifth payment is due on July 1,2006, the sixth payment is due on October 1,2006 and the seventh payment is due on January 1, 2007.

6.

All seven payments shall be performed by check made payable to Catherine Kruba, Cathy

Chatterton, Lisa Phillips, Nicole Ruble, and Stacey Erisman in amounts designated by the

Commission in the payment schedule and mailed by Certified Mail or with Postal Service

Certificate of Mailing, to the Charging Parties at their respective addresses provided by the

4

EEOC. Promptly, a photocopy of the check and/or payroll record sent to each Charging Party shall be sent by first class mail to counsel of record.
7. With respect to any payment that is late, the Defendant and Dr. Robert F. Brown shall owe to the Charging Parties interest which shall accumulate until the date of payment, with the interest rate being the federaljudgment rate on the outstanding balance.
EQUITABLE RELIEF: REPORTS TO EEOC OF DISCRIMINATION ALLEGATIONSAND WITNESSED CONDUCT
8. Any complaints to Defendant of alleged violations of Title VII shall be reported to the Commission's Baltimore Office, to the attentionof counsel of record, within ten (10)daysof any complaints or reports to managers, supervisors or person designated by Defendant. Defendant will also provide written notification to the Commission'sBaltimoreOfficeofthe final action taken by Defendant on the complaint.
EQUITABLE RELIEF: POLICIES AND TRAINING 9. Defendant shall continue to adhere to the anti-harassment!anti-discriminationpolicy adopted
in 2004 and any changes to the policy will be provided to the Commission's Baltimore Office, to the attention of counsel of record. Defendant shall provide a copy ofthis policyto all new employees hired during the operation ofthis Decree as part of its orientation of new employees. With regard to anypersons whomDefendantdeterminesarelimitedin the ability to read and understand the English language, Defendant shall make all objectively reasonable
-5

efforts to explain the above-referenced policy to such persons by means of communication that such persons understand. 10. Defendants shall require all employeesto attend training regarding the requirements of Title VII, with particular emphasis on (a) sex/sexual and retaliatoryharassmentand other formsof sex/sexual and retaliatory discrimination and (b) taking prompt and effective action to prevent, investigate and correct such harassment and discrimination. Such training is to be not less than three (3) hours in duration and provided by Defendant's counsel at the expense of Defendant, with format and content of training subject to review by the Commission. Twenty (20) days after receiving notice of the Court's entry of this Consent Decree, Defendant shall submit a draft curriculum and anymaterials to be distributedat suchtraining to counsel of record. EEOC will then notify Defendant within 10 days as to whether its proposal is acceptable. In the event that the proposed course is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than 5 days after receiving the EEOC's objection. The training must be conducted within 45 days after entry ofthis Decree. Counsel for Defendant shall provide certification to the Commission's Baltimore Office, to the attention of counsel of record upon completion of the training. The Office Manager will review the harassment policy with all new employees during the employee's orientation.
EQUITABLE RELIEF: POSTING OF NOTICE 11. Upon entry ofthis Decree, Defendant shall post a copyofthe Notice attached asAttachment
A in all locations where the Defendant customarily posts notices to its employees. The
'6

Notice shall be posted for a period of two (2) years,with suchperiod commencingupon entry of this Decree. Such Notice shall be typed legibly. In the event that the aforementioned notice becomes defaced, marred or otherwisemade unreadable,Defendant shall immediately post a readable copy of Attachment A. A certification ofthe posting of Attachment A, shall be provided immediately to counsel of record.
DISPUTE RESOLUTION AND COMPLIANCE 12. This Court shall retain jurisdiction to enforce the terms of this Decree and will have all
available powers to enforce this Decree, including but not limited to monetary sanctionsand injunctive relief.
13. Upon motion of the Commission, this Court may schedule a hearing for the purpose of reviewing compliance with this Consent Decree. Priorto suchmotion, the Commissionshall notify the Defendant, in writing, of the alleged non-compliance. Upon receipt of written notice, Defendant shall have fifteen (15) days to either correct the alleged violation, and so inform the other party, or deny the alleged violation, in writing; A. Ifthe parties remain in dispute they shall attempt in good faithto resolvetheir dispute; B. If the parties can not in good faith resolve their dispute, the Commission may file with the Court a motion to correct and remedy the breach; C. Each party shall bear its own costs, expenses and attorney's fees incurred in
'7

05/17/2005 15:57

4105558352

~"-'--"16/17/2005 16:46 FAl t19i7642~2 .-

-'n_..

---'-'-

-

..-

FULLERTON ANIMAL HOS .GFRBH LLC

PAGE 03
Ia1011/012

connection with such actio 1; and
D. ll.1risdiction to re~()lye any dispute arising under dUs Decree resides in the
United States District C( 11~1for th~ District of Matyland.
COURT ccs'rs .@ID ATTORNEY FEES
14. Each party shall bear jts own co U1toasts and attorneys' fees.

IT IS AGREED;

. EQUAL EMPLOYMENT OPPORTUNIIT '1'IfB FULLERTON ANIMAL HOSPITAL COMMISSION

ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counse1 GWENDOLYN YOUNG REAMS Associate General Counsel
~A tJ ~~

~~~ ROBERT H. JNOLE, m
GolWONI'EII'mJ.A'ITROI1IMANHOF.FBERGBR
M'D HOLLANDER., LLC
233 East Redwood Street Baltimore, Maryland 21202 (410) 576-4079 Office (410) 576-4246 Facsimile
Dated: <;,117/..~..

Regional Attorney BROC-BaltimoreDistrict Office
City Crescent Buildjng. 3rdF.loor 10 South Howard Street Baltimore.:MD 21201
Office #: (410) 9624207 Facsimile #: (410) 962-427012817

QJkJ-'~
DR.ROBERTF. BROWN,DVM,
Indi'vidnallyjo, intly andsevcnbly with
Pl111ertonAnimal Hospita1

8

06/17/2005 FRI 16:58 [TX/RX NO 5676]

- -- -- -. --

Dated:

T!MCYfHVDSONSPICk SJpervi~ Trial Attorney EEOC-Baltimore District Office
City Crescent Building, 3rdFloor 10 South Howard Street
Baltimore, MD 21201
Office #: (410) 962-4623 Facsimile #: (410) 962-4270/2817

0 If Dated:

I (~ \r-

IT IS SO ORDERED:

DATE:

HONORABLE J. FREDERICK MOTZ United States District Judge

B

EQUAL
EMPLOYMENT
OPPORTUNITY COMMISSION

POSTED PURSUANT TO AN AGREEMENT BETWEENTHEEEOCANDFULLERTON
ANIMAL HOSPITAL

This Notice is being posted

pursuant to an Agreement

between the Equal Employment

Opportunity

Commission

(EEOC) and Fullerton Animal

Hospital (Fullerton).

Sexual harassment is a form of sex discrimination under Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et. seq. Sexual Harassment may be defined as unwanted sexual advances or
demands experienced in an employment relationship. The unwanted behavior may include, but is not limited to, verbal abuse and humiliation, leers, indecent suggestions, physical touching and sexual assault. Harassment can be overt or
subtle, and behavior that may be appropriate in a non-work setting may be unacceptable in the workplace.

Examples of sexual harassment
prohibited by Fullerton's policy include, but are not limited to:

Offensive or unwelcome
touching or other physical contact, unwelcome flirtation, We will enforce a policy on sexual

lewd written or spoken words, sexualjokes or graphic depictions of a sexualnature viaphotographs, pictures, posters, cartoonsor email and offensive or sexual suggestive gestures. Harassment on the basis of sex is a violation of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitlyor implicitly a condition of an individual's employment,
(2) submissionorrej ection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
An employee may have a claim of sexual harassmentwhere his or her harassment to prevent sexual

advancement or job security depends on giving in to sexual advances to a supervisor or co-worker or when unwelcome sexual advances, request for sexual favors, or the physical or verbal conduct of a sexual nature by a supervisor or coworker creates a hostile working environment.
The conduct need not be offensive to all employeesor specifically directed at the employee who is complaining to create a sexually hostile work environment.
Fullerton Animal Hospital strictly forbidsany employee from engaging in any of the above described conduct. Employees who wish to complain about sexual harassment should follow the complaint process set forth in Fullerton's published sexual harassment policy, a copy of which is attached to this notice.

--

nn

-r ---

05/17/2005 15:57 4105658362
'-- - 16/17/2005 18:44 FA! 4105164292

FULLERTON ANIMAL HOS
.--G=mm LLC

You also have the right to file a

chargeWiththeEqual Employment

Opportnnity

Commission,

Baltimore District Office, 10 S.

Howard Street, 3rd Floor,

Baltintore, MD 21201, 410~962..

3933.

Date Posted: Date ILxJ)ires: ;By:

Fullerton will Dot disci..mm~ or
retaJiarein any manner against any
pexsonbecaus=of oppositionto any practice declared unlawful under TitJevn or because of the filing of
a charge, the gjving of testimony or assistance, or the }ilaxtidpationin IWYinvestigation, proceeding. or heating under Title vn.

~-~~
Dr. &)bert F. Brown, DVM Owne r

FullertOn Animal Ho!pitaJ wiD
ensure that sD.pelYisoryemployeeG and all other employees abide by the reqilixeroentsof tho company-s sexual hw:assment policy and committhat se.~a' h~sment and retaliation will not be condoned.

A copy of this Notice will be
posted in a conspicao\ls place where ~mployee J10tices ~ ordinarily pla.ct'ld and wiJl be replaced if it becomes defaced, marred or otherwise made
unreadabJe.

PAGE 02
ijJ 003/012

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 District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?968685268289129-L_3...

CASREF, CLOSED, MAG-SKG
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:03-cv-02791-JFM

Equal Employment Opportunity Commission v. The Fullerton Animal Hospital Assigned to: Judge J. Frederick Motz Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 06/21/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Tracy Hudson Spicer Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624623 Fax: 14109624270 Email: tracy.spicer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817

V. Defendant

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District of Maryland (CM/ECF Live 3.0) - Docket Report
The Fullerton Animal Hospital

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?968685268289129-L_3...
represented by Robert H Ingle, III Gordon Feinblatt Rothman Hoffberger and Hollander LLC 233 E Redwood St Baltimore, MD 21202 14105764000 Fax: 14105764246 Email: ringle@gfrlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003 10/01/2003 02/02/2004 02/03/2004
02/17/2004 02/18/2004 03/03/2004 07/14/2004 07/15/2004 07/19/2004 09/03/2004

#

Docket Text

1 COMPLAINT against The Fullerton Animal Hospital , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 10/01/2003)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 10/01/2003)
2 Summons Issued (20 days) as to The Fullerton Animal Hospital. (raf, Deputy Clerk) (Entered: 10/01/2003)
3 Request for Status Report Concerning Service. Status Report due by 2/9/2004. (Motz, J.) (Entered: 02/02/2004)
4 AFFIDAVIT of Service for summons served on Robert F Brown a/k/a/ Fullerton Animal Hospital on 1/19/04, filed by Equal Employment Opportunity Commission.(sent in by Process Company) (slf, Deputy Clerk) (Entered: 02/03/2004)
5 ANSWER to Complaint by The Fullerton Animal Hospital.(Ingle, Robert) (Entered: 02/17/2004)
6 Correspondence setting scheduling conference. (Attachments: # 1)(Motz, J.) (Entered: 02/18/2004)
7 SCHEDULING ORDER:. Signed by Judge J. Frederick Motz on 3/3/04. (slf, Deputy Clerk) (Entered: 03/03/2004)
8 Consent MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 8/2/2004 (Spicer, Tracy) (Entered: 07/14/2004)
9 Paperless ORDER granting 8 Motion for Extension of Time to Complete Discovery. Signed by Judge J. Frederick Motz on 7/15/04. (Motz, J.) (Entered: 07/15/2004)
11 NOTICE of service of motion to compel discovery by Equal Employment Opportunity Commission (Attachments: # 1 Motion to Compel and Memorandum)(Spicer, Tracy) (Entered: 07/19/2004)
12 Request for Status Report. Status Report due by 9/14/2004. (Motz, J.) (Entered: 09/03/2004)

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District of Maryland (CM/ECF Live 3.0) - Docket Report

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09/08/2004 09/13/2004 09/27/2004 09/27/2004 10/08/2004
10/25/2004
10/26/2004 11/08/2004
11/09/2004 11/12/2004 11/26/2004 02/23/2005 03/07/2005

13 STATUS REPORT by The Fullerton Animal Hospital. (Ingle, Robert) (Entered: 09/08/2004)
14 STATUS REPORT by Equal Employment Opportunity Commission. (Spicer, Tracy) (Entered: 09/13/2004)
15 Consent MOTION to Amend/Correct Modify Scheduling Order by The Fullerton Animal Hospital. Responses due by 10/14/2004 (Ingle, Robert) (Entered: 09/27/2004)
16 Paperless ORDER granting 15 Motion to Amend/Correct. Signed by Judge J. Frederick Motz on 9/27/04. (Motz, J.) (Entered: 09/27/2004)
17 MOTION for Summary Judgment by The Fullerton Animal Hospital. Responses due by 10/25/2004 (Attachments: # 1 Supporting Memorandum# 2 Notice of Lengthy Exhibits# 3 Text of Proposed Order # 4 Exhibit Exhibit 3# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 9# 7 Exhibit Exhibit 15# 8 Exhibit Exhibit 16(a)# 9 Exhibit Exhibit 16(b)# 10 Exhibit Exhibit 16(c)# 11 Exhibit Exhibit 17# 12 Exhibit Exhibit 18# 13 Exhibit Exhibit 19# 14 Exhibit Exhibit 21# 15 Exhibit Exhibit 22# 16 Exhibit Exhibit 25# 17 Exhibit Exhibit 26# 18 Exhibit Exhibit 27# 19 Exhibit Exhibit 28# 20 Exhibit Exhibit 29# 21 Exhibit Exhibit 33)(Ingle, Robert) (Entered: 10/08/2004)
18 RESPONSE in Opposition to (17)Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 11/8/2004. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Spicer, Tracy) (Entered: 10/25/2004)
19 NOTICE by Equal Employment Opportunity Commission of Paper Filing of Exhibits (Spicer, Tracy) (Entered: 10/26/2004)
20 REPLY to Response to Motion re 17 MOTION for Summary Judgment Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by The Fullerton Animal Hospital. (Ingle, Robert) (Entered: 11/08/2004)
21 MOTION to Amend/Correct 18 Response in Opposition to Motion, by Equal Employment Opportunity Commission. Responses due by 11/26/2004 (Attachments: # 1)(Spicer, Tracy) (Entered: 11/09/2004)
22 RESPONSE in Opposition Defendant's Opposition to Plaintiff's Motion to Supplement Exhibits filed by The Fullerton Animal Hospital. Replies due by 11/26/2004. (Ingle, Robert) (Entered: 11/12/2004)
23 REPLY to Response to Motion re 21 MOTION to Amend/Correct 18 Response in Opposition to Motion, filed by Equal Employment Opportunity Commission. (Spicer, Tracy) (Entered: 11/26/2004)
24 Correspondence setting date for hearing. (Motz, J.) (Entered: 02/23/2005)
25 MEMORANDUM to Parties: The EEOC's motion to supplement exhibits is granted but defendant is granted leave to depose Ms. Hogg as therein set forth. Signed by Judge J. Frederick Motz on 3/7/05. (slf, Deputy Clerk) (Entered: 03/07/2005)

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03/11/2005 03/23/2005 03/25/2005 04/01/2005 04/13/2005 04/14/2005 04/15/2005
05/25/2005 05/26/2005 06/01/2005 06/01/2005 06/17/2005 06/21/2005

26 Correspondence re proposed mediation conference. (Motz, J.) (Entered: 03/11/2005)
27 Correspondence regarding mediation conference. (Motz, J.) (Entered: 03/23/2005)
28 ORDER REFERRING CASE to Magistrate Judge James K. Bredar for Settlement. Signed by Judge J. Frederick Motz on 3/24/05. (slf, Deputy Clerk) (Entered: 03/25/2005)
29 LETTER ORDER, Setting a Settlement Conference. Signed by Judge James K. Bredar on 3/31/05. (slf, Deputy Clerk) (Entered: 04/01/2005)
30 ORDER denying 17 Motion of Defendant for Summary Judgment. Signed by Judge J. Frederick Motz on 4/13/05. (jlb, Deputy Clerk) (Entered: 04/13/2005)
31 TRANSCRIPT of Proceedings before the Court on 3/4/05. (file separately) (slf, Deputy Clerk) (Entered: 04/14/2005)
32 LETTER ORDER that my April 13, 2005 order denying defendant's motion for summary judgment is withdrawn. The motion will remain pending while you conduct your mediation. If the mediation fails, I will decide whether to grant or deny the motion or to postpone ruling on it, awaiting the deposition of Ms. Hogg and supplemental briefing as therein set forth. Signed by Judge J. Frederick Motz on 4/15/05. (slf, Deputy Clerk) (Entered: 04/15/2005)
33 Correspondence re: Mediation (Attachments: # 1 Exhibit 1)(Ingle, Robert) (FILED IN ERROR) Modified on 5/26/2005 (slf, Deputy Clerk). (Entered: 05/25/2005)
34 Correspondence re: Defendant's Corrected Non-Confidential Mediation Statement (Attachments: # 1 Defendant's Corrected Non-Confidential Mediation Statement# 2 Exhibit Exhibit 1)(Ingle, Robert) (Entered: 05/26/2005)
Settlement Conference held on 6/1/2005 held before Judge James K. Bredar. (slf, Deputy Clerk) (Entered: 06/02/2005)
Judge James K. Bredar no longer assigned to case. (slf, Deputy Clerk) (Entered: 06/02/2005)
35 SETTLEMENT AGREEMENT Motion for Entry of Consent Decree by Equal Employment Opportunity Commission. (Spicer, Tracy) (Entered: 06/17/2005)
36 PAPERLESS ORDER APPROVING re 35 Settlement Agreement filed by Equal Employment Opportunity Commission,. Signed by Judge J. Frederick Motz on 6/21/05. (slf, Deputy Clerk) (Entered: 06/21/2005)

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