Case 2:05-cv-02043-VEH

Document 1-1

Filed 09/28/2005

Page 1 of 6

FILED

2005 Sep-28 PM 03:35 U.S. DISTRICT COURT
N.D. OF ALABAMA

L"i THE UNIT ED STATE S DISTRICT COURT FOR THE NORT HERN DISTRICT OF ALABAMA
SO UTH ERN DIVISIO~

EQUAL EMPLOYMENT OPPORTUNITY

1

COMMISSION,

1

1

Plaintiff,

1

1

vs.

1

1 FAROOQI El\'TERPRlSES, INC. dba HARDEE'S 1

1

Defendant.

1

CIVIL ACTION #
COMJ>LAI 1'\T JURY TRIAL DEMA ND

NATURE OF THE ACTION T his is an action under Ti tle VIJ of the Civil Rights Act of 1964 and Ti tle I of the Civ il Righ ts Act of 1991 to correct un lawfu l employment practices on the basis ofsex and to provide appropriate relief to Brenda D. Jefferson, Alecia Rowe, Mary E. James and a class of women who were adversely affected by such practices. As alleged with greater particularity in paragraph 7 below, the Defendant Employer discriminated against Brenda D. Jefferson, Aleda Rowe, Mary E. James and a class of women on the basis of their sex by subjecting them to sexual harassment.
JURISDJCTJON AND VENUE
I. Juri sdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451 , 133 1, 1337,
1343 and 1345. This action is authorized and instituted pursuant to Sections 706(!)(1} and (3} of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)( I) and (3) ("Title VD") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § l98la.
2. The employment practices alleged to be unlawful were committed within the

Case 2:05-cv-02043-VEH Document 1-1 Filed 09/28/2005 Page 2 of 6
jurisdiction of the United States District Court for the Northern District of Alabama Southern Div ision.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Comm ission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VIT, and is expressly authorized to bring this action by Section 706(f)(l) and
(3) ofTitle vrr, 42 u.s.c. § 2000e-5(f)(l) and (3).
4. At all relevant times, Defendant, Farooqi Enterprises Inc. dba Hardee's (the "Emp loyer"), has continuously been a Nevada corporation doing business in the State of A!aban1a and the City of Vestavia Hills, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70 l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More thanthiity days prior to the illstitution of this lawsuit, Brenda D. Jefferson, Alecia Rowe and Mary E. James filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since before September 26, 2003, and continuing thereafter Defendant Employer engaged ill unlawful employment practices at its Vestavia Hills, Alabama facility, in violation of Section 703(a)( l) and Section 704(a) ofTitle VII, 42 U.S.C. § 2000e-2(a)(l)and § 2000e-3(a). In

Case 2:05-cv-02043-VEH Document 1-1 Filed 09/28/2005 Page 3 of 6
particular, the Defendant Employer engaged in unlawful employment practices at and around its facility in Vestavia Hills, Alabama, through the actions of one its supervisors, Store Manager Johnell Myers. Since at least September 26, 2003, and continuing thereafter, Myers sexually harassed Brenda D. Jefferson, Alecia Rowe, Mary E. Jantes and a class of similarly situated women by subjecting them to unwelcome and offensive sexual actions, comments and unwelcome and inappropriate touching of their private body parts.
8. The effect of the pracrices complained of in paragraph 7 above has been to deprive Brenda D. Jefferson, Alecia Rowe, Mary E. James and a class ofsimilarly situated women of equal employment oppornmiries and otherwise adversely affect their status as employees, in some instances up to and including tennination, because of their sex.
9. The lllllawful employment practices complained of in paragraph 7 above were intentional.
I0. The lllllawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Brenda D.
Jefferson, Alecia Rowe, Mary E. James and a class ofsimilarly situated women.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in acrive concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis ofsex. B. Order Defendant Employer to institute and carry out policies, practices, and

... ............... ····- ·-·· ... ..... ......... , ··- ···-·· ........ .... .. . ............. .. ... .... ............ ''' ...... ..... .
Case 2:05-cv-02043-VEH Document 1-1 Filed 09/28/2005 Page 4 of 6

programs which provide equal employment opportunities for women, and which eradicate the

effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Brenda D. Jefferson, Alecia Rowe,

Mary E. James and a class of similarly situated women by providing appropriate backpay with

prejudgment interest, in antounts to be detennined at trial, and other affirmative relief necessary

to eradicate the effects of its unlawful employment practices.

D. Order Defendant Employer to make whole Brenda D. Jefferson, Alecia Rowe,

Mary E. James and a class ofsimilarly situated women by providing compensation for past and

future pecuniary losses resu lting from the unlawful employment practices described in paragraph

7 above in antounts to be determined at trial.

F. Order Defendant Employer to make whole Brenda D. Jefferson, Alecia Rowe,

Mary E. James and a class ofsimilarly situated women 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, loss ofenjoyment of life, and

humiliation, in amounts to be determined at trial.

G. Order Defendant Employer to pay Brenda D. Jefferson, Alecia Rowe, Mary E.

James and a c lass ofsimilarly situated women punitive damages for its mal icious and reckless

conduct described in paragraph 7 above, in amounts to be determined at trial.

H. Grant such further relief as the Court deems necessary and proper in the public

interest.

r.

Award the Commission its costs of this action.

Case 2:05-cv-02043-VEH Document 1-1 Filed 09/28/2005 Page 5 of 6
JURY TRIAL DEMAND The Conmussion requests a jury trial on all questions of fact raised by its complaint.
Respectfully subnl.itted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, DC 20507
Regional Attorney
, ~4/L,~
Supervisory Trial Attorney
J.M'AAK GRAHAM (LA 06216) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Binningham District Office

Case 2:05-cv-02043-VEH Document 1-1 Filed 09/28/2005 Page 6 of 6
Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 Telephone: (205) 212-2054 E-mail: john.graham@eeoc.gov

 
 Case 2:05-cv-02043-VEH

Document 16-1

Filed 05/08/2006

Page 1 of 18

FILED

2006 May-08 PM 02:56 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

AND MARY E. JAMES,

)

)

Plaintiff,

)

)

vs.

)

)

FAROOQI ENTERPRISES, INC. )

d/b/a HARDEE’S, et al.,

)

)

Defendants.

)

Case No.2:05-CV-2043-VEH JURY TRIAL DEMANDED

AMENDED AND RESTATED COMPLAINT OF PLAINTIFF-INTERVENOR MARY E. JAMES

COME NOW Plaintiff-Intervenor Mary E. James, by and through her

undersigned attorneys, and for her cause of action against the Defendants states as

follows:

PARTIES

1. Plaintiff-Intervenor Mary E. James (hereinafter, “Plaintiff”) is a resident

of the State of Alabama, residing in Fairfield, Alabama and is a citizen of the United

States.

2. Plaintiff Equal Employment Opportunity Commission (hereinafter

"EEOC"), the federal agency charged with the administration, interpretation and

1

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 2 of 18
enforcement of Title VII, brought the initial action pursuant to § 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3).
3. Defendant Farooqi Enterprises, Inc. d/b/a Hardee’s (hereinafter “Farooqi”), is an Alabama corporation doing business in Jefferson County, Alabama.
4. Defendant Johnell Myers (hereinafter “Myers”) is a resident of Jefferson County, A and is being sued in his individual capacity, and as an agent for Farooqi Enterprises, Inc.
JURISDICTION AND VENUE 5. Plaintiff brings her cause of action pursuant to § 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)("Title VII"), and § 102(d) of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. Plaintiff has the statutory right to intervene in the instant action pursuant to § 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). The Court has jurisdiction over Plaintiff’s pendent state claims pursuant to 28 U.S.C. § 1367. 6. Farooqi is an employer engaged within the meaning of Title VII, § 701(b), (g) and (h), 42 U.S.C. § 2000e-5(b),(g) and (h).
2

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 3 of 18
7. Plaintiff timely filed her charge of sexual harassment with the Equal Employment Opportunity Commission ("EEOC") within 180 days of the last discriminatory act. (“Exhibit A”). Plaintiff further states that she received a determination on the merits of her charge (“Exhibit B”), and EEOC brought the instant action on behalf of Plaintiff and two other individuals pursuant to § 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e5(f)(1) and (3) on or about September 28, 2005.
8. Plaintiff was employed in the State of Alabama by Farooqi. 9. Venue is proper in this Court pursuant to 42 U.S.C. § 2000e-5 and 28 U.S.C. § 1391(b) in that Farooqi is registered with the State of Alabama under the name Farooqi Enterprises, Inc. and conducts business in the State of Alabama, and that a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this judicial district.
STATEMENTS OF RELEVANT FACTS 10. Plaintiff was transferred from the Tutwiler Penitentiary to the Birmingham Work Release Center. The Department of Corrections contracts with private employers to employ individuals at the Birmingham Work Release center to work a full-time job as a condition of being a part of that program. Farooqi was one of these employers who hired individuals on work release. Farooqi employed
3

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 4 of 18
Plaintiff in their Hardee’s store in Vestavia Hills, Alabama as a crew member/cook.
11. Myers was, at all relevant times, authorized by Farooqi to be a store manager and was assigned by Farooqi to the Hardee’s in Vestavia Hills, Alabama.
12. Beginning on or about approximately January 1, 2004, and continuing through April 18, 2004, Myers engaged in acts of sexual harassment directed at Plaintiff, and restrained Plaintiff against her will by not allowing her to move about freely through his constant vigil and attention.
13. Beginning on or about January 1, 2004, and continuing through April 18, 2004, Myers engaged in acts of sexual harassment directed at Plaintiff, including numerous sexually-oriented comments and unwanted physical touchings.
14. The unlawful conduct alleged above was unwelcome and offensive to Plaintiff and would be found by a reasonable person to be unwelcome and offensive.
15. The unlawful conduct alleged above was sufficiently severe or pervasive to create a hostile working environment for Plaintiff which altered the terms or conditions of her employment, and Farooqi failed to take adequate corrective or remedial action in response to such unlawful conduct, in violation of
4

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 5 of 18
Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a). 16. Farooqi constructively discharged Plaintiff on or about April 18,
2004 by creating intolerable working conditions for Plaintiff, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a).
17. As a result of the actions alleged above, Plaintiff has suffered and will continue to suffer emotional distress, loss of enjoyment of life, loss of reputation, humiliation, prolonged incapacity to work, and inconvenience.
COUNTS I AND II TITLE VII - SEXUAL HARASSMENT AND CONSTRUCTIVE DISCHARGE
DEFENDANT FAROOQI 18. This claim is brought against Farooqi, as the employer of Plaintiff during the time she was sexually harassed. 19. Farooqi never provided Plaintiff with a sexual harassment policy. 20. Even if Farooqi has a sexual harassment policy, it failed to take effective means to insure that employees were not subjected to a sexually hostile
work environment. 21. Plaintiff was subjected to a sexually hostile work environment by the top management official of Farooqi at its Vestavia Hills location.
5

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 6 of 18
22. Commencing almost immediately with Myers being hired at the Vestavia Hills location of Farooqi, Plaintiff was subjected to repeated nonconsensual, offensive sexual touchings, gestures, comments, innuendoes, and extreme, severe physical gropings, and assaults.
23. Farooqi was aware through its contractual relationship with the Alabama Department of Corrections that Plaintiff was in essence a “captive” employee, unable to quit or else she would be sent back to the penitentiary. As a result, Farooqi, through its management, knew that Plaintiff could be assigned to any location it chose; any hours it chose; and given any job assignments it chose, all without risk of Plaintiff quitting.
24. Management of Farooqi knew or should have known of the sexually hostile work environment created by Myers at its Vestavia Hills location because it was open, severe, and pervasive.
25. By the unlawful acts alleged above, Farooqi has violated Title VII. 26. As a direct and proximate result of Farooqi’s unlawful acts, Plaintiff has sustained and is reasonably likely to sustain in the future irreparable harm in the form of pecuniary and nonpecuniary losses, including but not limited to, lost wages and benefits, emotional pain, suffering, inconvenience, humiliation, loss of enjoyment of life, loss of reputation, medical and counseling expenses, and
6

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 7 of 18
attorneys’ fees and expenses. 27. Farooqi acted with malice or with reckless indifference to Plaintiff’s
right not to be discriminated against, thus making appropriate an award of punitive damages to punish the Farooqi and to deter Farooqi and others from like conduct. Such malice or reckless indifference is part of a pattern of conduct engaged in by Farooqi on prior, similar occasions.
WHEREFORE, Plaintiff prays that this Court enter judgment pursuant to Title VII in her favor and against Farooqi and enter an order:
a. Declaring all acts in violation of Title VII; b. Enjoining and permanently restraining Farooqi from continued violations of Title VII; c. Directing Farooqi to take such affirmative action as is necessary to ensure that the effects of these unlawful practices are eliminated and do not continue to affect Plaintiff’s employment opportunities; d. Requiring Farooqi to compensate, reimburse, and make whole Plaintiff for the full value of all pecuniary and nonpecuniary damages she has sustained in the past, and is reasonably certain to sustain in the future, including, but not limited to, any and all back pay and
7

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 8 of 18
benefits, medical and counseling expenses, offensive touching, embarrassment, humiliation, loss enjoyment of life, potential loss of reputation, and all consequent damages.
COUNT III ALABAMA LAW - ASSAULT AND BATTERY
DEFENDANT FAROOQI AND MYERS 28. By the unlawful acts alleged above, Myers committed assault and battery against Plaintiff which is prohibited by § 6-2-34 of the Code of Alabama 1975, in that:
a. Myers intentionally engaged in unwanted touching and fondling of Plaintiff; b. Defendant Myers thereby caused a physical contact with Plaintiff that was offensive to her; c. Myers thereby caused Plaintiff to be in apprehension of an offensive contact or bodily harm; and d. Such contact would be offensive to a reasonable person. 29. By the unlawful acts alleged above, Plaintiff has suffered and will continue to suffer in the future, extreme emotional anguish, indignity, disgrace, humiliation and mortification. 30. The conduct of Myers as alleged herein was outrageous because of his
8

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 9 of 18
evil motive or reckless indifference to the rights of Plaintiff, making him subject to an award of punitive damages to punish the Myers and to deter the Myers and others from like conduct in the future.
31. Farooqi has ratified and condoned the actions of its agent, Myers, by failing to provide Plaintiff with a safe working environment. Farooqi further knew or should have known of the unlawful conduct of Myers, yet took no effective measures to protect Plaintiff from his continued tortious assaults.
WHEREFORE, Plaintiff prays that this Court enter a judgment in her favor and against Farooqi and Myers and enter an order:
a. Awarding Plaintiff compensatory damages in such amount as to fairly and reasonably compensate for the damages she has suffered as a result of the conduct of the Farooqi and Myers; b. Awarding Plaintiff punitive damages in such sum as is appropriate to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct in the future; c. Awarding Plaintiff the costs of this action, prejudgment interest and reasonable attorneys’ fees; and d. Such further and other relief as the Court deems just and proper.
9

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 10 of 18
COUNT IV FALSE IMPRISONMENT DEFENDANT FAROOQI AND MYERS 32. By the unlawful acts alleged above, Myers committed false imprisonment against Plaintiff which is prohibited by § 6-5-170 of the Code of Alabama 1975, in that Myers unlawfully restrained Plaintiff against her will by not allowing her to move about freely without his constant vigil and attention. 33. As a result of the actions of Myers as alleged herein, Plaintiff has suffered, and will continue to suffer in the future, embarrassment, disgrace, humiliation, injury to her feelings and reputation and mental suffering. 34. The conduct of Myers as alleged herein was outrageous because of his evil motive or reckless indifference to the rights of Plaintiff making him subject to an award of punitive damages to punish Myers and to deter Myers and others from like conduct. 35. Farooqi has ratified and condoned the actions of its agent, Myers, by failing to provide Plaintiff with a safe working environment. Farooqi further knew or should have known of the unlawful conduct of Myers, yet took no effective measures to protect Plaintiff from his continued tortuous assaults. WHEREFORE, Plaintiff prays that this Court enter a judgment in her
10

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 11 of 18
favor and against Farooqi and Myers and enter an order: a. Awarding Plaintiff compensatory damages in such amount as to fairly and reasonably compensate for the damages she has suffered as a result of the conduct of the Farooqi and Myers; b. Awarding Plaintiff punitive damages in such sum as is appropriate to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct in the future; c. Awarding Plaintiff the costs of this action, prejudgment interest and reasonable attorneys’ fees; and d. Such further and other relief as the Court deems just and proper. COUNT V OUTRAGE DEFENDANT FAROOQI AND MYERS
36. Myers outrageously and intentionally inflicted emotional distress upon Plaintiff by subjecting her to inappropriate language, abusive and harmful touchings on several occasions.
37. Farooqi knew of Myers reputation prior to his hiring by way of Brenda Jefferson, a co-worker of Myers at a previous Hardee’s located in Tarrant.
11

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 12 of 18
In spite of this, he was hired and placed in an unsupervised position of authority over Plaintiff and other females.
38. Myers knew these women were captive employees and took full advantage of that.
39. The conduct described above was extreme, outrageous and beyond the bounds of decency in a civilized society and caused the Plaintiff to suffer emotional distress
40. As a result of the actions of Myers as alleged herein, Plaintiff has suffered, and will continue to suffer in the future, embarrassment, disgrace, humiliation, injury to her feelings and reputation and mental suffering.
41. The conduct of Farooqi and Myers as alleged herein was outrageous because of their evil motive or reckless indifference to the rights of Plaintiff, making Farooqi and Myers subject to an award of punitive damages to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct.
42. Farooqi has ratified and condoned the actions of its agent, Myers, by failing to provide Plaintiff with a safe working environment. Farooqi further knew or should have known of the unlawful conduct of Myers, yet took no effective measures to protect Plaintiff from his continued tortuous assaults.
WHEREFORE, Plaintiff prays that this Court enter a judgment in her
12

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 13 of 18
favor and against Farooqi and Myers and enter an order: a. Awarding Plaintiff compensatory damages in such amount as to fairly and reasonably compensate for the damages she has suffered as a result of the conduct of the Farooqi and Myers; b. Awarding Plaintiff punitive damages in such sum as is appropriate to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct in the future; c. Awarding Plaintiff the costs of this action, prejudgment interest and reasonable attorneys’ fees; and d. Such further and other relief as the Court deems just and proper. COUNT VI INVASION OF PRIVACY DEFENDANT FAROOQI AND MYERS
43. Myers invaded the privacy of Plaintiff by, among other things, invading her personal space by touching and forcefully entering private places of her body and making unwelcome invasive sexual comments to her.
44. As a result of the actions of Myers as alleged herein, Plaintiff has suffered, and will continue to suffer in the future, embarrassment, disgrace,
13

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 14 of 18
humiliation, injury to her feelings and reputation and mental suffering. 45. The conduct of Myers as alleged herein was outrageous because of
his evil motive or reckless indifference to the rights of Plaintiff, making him subject to an award of punitive damages to punish Myers and to deter Myers and others from like conduct.
46. Farooqi has ratified and condoned the actions of its agent, Myers, by failing to provide Plaintiff with a safe working environment. Farooqi further knew or should have known of the unlawful conduct of Myers, yet took no effective measures to protect Plaintiff from his continued tortuous assaults.
WHEREFORE, Plaintiff prays that this Court enter a judgment in her favor and against Farooqi and Myers and enter an order:
a. Awarding Plaintiff compensatory damages in such amount as to fairly and reasonably compensate for the damages she has suffered as a result of the conduct of the Farooqi and Myers; b. Awarding Plaintiff punitive damages in such sum as is appropriate to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct in the future; c. Awarding Plaintiff the costs of this action, prejudgment interest and reasonable attorneys’ fees; and
14

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 15 of 18
d. Such further and other relief as the Court deems just and proper.
COUNT VII NEGLIGENT HIRING, SUPERVISION,
AND RETENTION DEFENDANT FAROOQI 47. Farooqi knew of Myers reputation prior to his hiring by way of Brenda Jefferson, a co-worker of Myers at a previous Hardee’s located in Tarrant. In spite of this, he was hired and placed in an unsupervised position of authority over Plaintiff and other females. 48. Myers outrageously and intentionally inflicted emotional distress upon Plaintiff by subjecting her to inappropriate language, abusive and harmful touchings on several occasions. 49. Myers knew these women were captive employees and took full advantage of that. 50. The conduct described above was extreme, outrageous and beyond the bounds of decency in a civilized society and caused the Plaintiff to suffer emotional distress 51. As a result of the actions of Myers as alleged herein, Plaintiff has suffered, and will continue to suffer in the future, embarrassment, disgrace,
15

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 16 of 18
humiliation, injury to her feelings and reputation and mental suffering. 52. The conduct of Farooqi and Myers as alleged herein was outrageous
because of their evil motive or reckless indifference to the rights of Plaintiff, making Farooqi and Myers subject to an award of punitive damages to punish Farooqi and Myers and to deter Farooqi and Myers and others from like conduct.
53. Farooqi has ratified and condoned the actions of its agent, Myers, by failing to provide Plaintiff with a safe working environment. Farooqi further knew or should have known of the unlawful conduct of Myers, yet took no effective measures to protect Plaintiff from his continued tortuous assaults.
WHEREFORE, Plaintiff prays that this Court enter a judgment in her favor and against Farooqi and Myers and enter an order:
a. Awarding Plaintiff compensatory damages in such amount as to fairly and reasonably compensate for the damages she has suffered as a result of the conduct of Farooqi; b. Awarding Plaintiff punitive damages in such sum as is appropriate to punish Farooqi and to deter Farooqi from like conduct in the future; c. Awarding Plaintiff the costs of this action, prejudgment interest and reasonable attorneys’ fees; and
16

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 17 of 18
d. Such further and other relief as the Court deems just and
proper.
Respectfully submitted,
s/StephenD. Heninger Stephen D. Heninger [ASB5227E68S] Jonna M. Denson [ASB7307S77J] Attorneys for Mary E. James Plaintiff-Intervenor E-mail: steve@hgdlawfirm.com
OF COUNSEL:
HENINGER, GARRISON & DAVIS, LLP 2224 1st Avenue North Birmingham, Alabama 35203 Telephone: 205-326-3336 Facsimile: 205-326-3332
CERTIFICATE OF SERVICE
I hereby certify that on the 8th day of May, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:
Stephen E. Brown Robin A. Adams MAYNARD, COOPER & GALE, P.C. 2400 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203-2602 (205) 254-1000 E-mail: radams@maynardcooper.com
17

Case 2:05-cv-02043-VEH Document 16-1 Filed 05/08/2006 Page 18 of 18
Mark Graham Charles E. Guerrier Mildred Byrd EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place 1130 22nd Street, Suite 2000 Birmingham, AL 35205 (205) 212-2054 E-mail: john.graham@eeoc.gov
s/StephenD. Heninger Stephen D. Heninger [ASB5227E68S] Jonna M. Denson [ASB7307S77J] OF COUNSEL: HENINGER, GARRISON & DAVIS, LLP 2224 1st Avenue North Birmingham, Alabama 35203 Telephone: 205-326-3336 Facsimile: 205-326-3332 E-mail: steve@hgdlawfirm.com
18

 
 Case 2:05-cv-02043-VEH

Document 25

Filed 02/14/2007

Page 1 of 2

FILED

2007 Feb-14 PM 04:16 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION and )

MARY E. JAMES,

)

)

Plaintiff,

)

)

vs.

)

)

FAROOQI ENTERPRISES, INC.

)

d/b/a HARDEE's,

)

)

Defendant.

)

Civil Action Number: 2:0S-CV-2043-VEH

STIPULATION OF DISMISSAL The parties appearing below stipulate that all claims of the plaintiffs in the above-styled action are dismissed with prejudice with the exception of claims for injunctive relief by Plaintiff Equal Employment Opportunity Commission which are dismissed without prejudice.

Respectfully submitted,
s/ Robin A. Adams STEPHEN E. BROWN ROBIN A. ADAMS Attorneys for Defendant, Farooqi Enterprises, Inc., d/b/a Hardee's
MAYNARD, COOPER & GALE, P.C. 1901 Sixth Avenue North 2400 AmSouthlHarbert Plaza Birmingham, Alabama 35203-2602 (205) 254-1000
RONALD COOPER General Counsel

Case 2:05-cv-02043-VEH Document 25 Filed 02/14/2007 Page 2 of 2
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, Northwest Washington, D.C. 20507
sf C. Emanuel Smith C. EMANUEL SMITH (MS 7473) Regional Attorney
sf Julie Lee JULIE LEE (DC 433292) Supervisory Trial Attorney
sfJ Mark Graham J. MARK GRAHAM (LA 06216) Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Binningham District Office Ridge Park Place 1130 22nd Street, Suite 2000 Binningham, Alabama 35205
sf Jonna Denson Jonna Denson Heninger, Garrison & Davis, L.L.C. 2224 1st Avenue North Binningham, Alabama 35203 One ofthe Attorneys for Plaintiff-Intervenor Mary E. James
~mr~
3328 10th Avenue North Bessemer, Alabama 35020 PROSE
2

 
 Case 2:05-cv-02043-VEH

Document 26

Filed 02/15/2007

Page 1 of 1

FILED
2007 Feb-15 AM 11:30 U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

]

OPPORTUNITY COMMISSION, ]

Plaintiff,

]

]

vs.

]

]

FAROOQI ENTERPRISES, INC., ]

d/b/a Hardee's, et al.,

]

Defendants.

]

CIVIL ACTION NO. 2:05-CV-2043-VEH

FINAL ORDER The court having received the parties’ Stipulation of Dismissal (doc. 25), all claims of the Plaintiffs other than claims of Plaintiff Equal Employment Opportunity Commission for injunctive relief are hereby DISMISSED WITH PREJUDICE. The claims of Plaintiff Equal Employment Opportunity Commission for injunctive relief are hereby DISMISSED WITHOUT PREJUDICE. DONE and ORDERED this the 15th day of February, 2007.

VIRGINIA EMERSON HOPKINS United States District Judge

 
 CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:05-cv-02043-VEH

CLOSED

Equal Employment Opportunity Commission v. Farooqi Enterprises, Inc. Assigned to: Judge Virginia Emerson Hopkins Cause: 42:2000 Job Discrimination (Sex)

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

Plaintiff
Equal Employment Opportunity Commission

represented by James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julie Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1122 22nd Street South, Suite 2000 Birmingham, AL 35205 205-212-2076 Fax: 205-212-2041 Email: julie.lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

C Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041 ATTORNEY TO BE NOTICED

Charles Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2044 Fax: 205-212-2041

1 of 6

3/26/2007 12:35 PM

CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

V. Intervenor Plaintiff Mary E. James

Email: charles.guerrier@eeoc.gov TERMINATED: 04/07/2006 ATTORNEY TO BE NOTICED
Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 ATTORNEY TO BE NOTICED
J Mark Graham EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041 Email: john.graham@eeoc.gov ATTORNEY TO BE NOTICED
Mildred Byrd EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041 Email: Mildred.Byrd@eeoc.gov TERMINATED: 01/03/2007 ATTORNEY TO BE NOTICED
represented by Jonna M Denson HENINGER GARRISON DAVIS LLC P.O. Box 11310 Birmingham, AL 35202 205-326-3336 Fax: 205-326-3332 Email: jonna@hgdlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Heninger HENINGER GARRISON DAVIS LLC 2224 1st Avenue North

2 of 6

3/26/2007 12:35 PM

CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

V. Defendant Farooqi Enterprises, Inc. doing business as Hardee's
Defendant Johnell Myers

PO Box 11310 Birmingham, AL 35202 205-326-3336 Fax: 205-326-3332 Email: Theda@hgdlawfirm.com ATTORNEY TO BE NOTICED
represented by Robin A Adams MAYNARD COOPER & GALE PC 1901 6th Avenue North Birmingham, AL 35203-2618 254-1000 Email: radams@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E Brown MAYNARD COOPER & GALE PC AmSouth Harbert Plaza, Suite 2400 1901 6th Avenue North Birmingham, AL 35203-2618 254-1000 Email: sbrown@maynardcooper.com ATTORNEY TO BE NOTICED
represented by Johnell Myers 3328 10th Avenue North Bessemer, AL 35020 PRO SE

Date Filed 09/28/2005 11/08/2005
11/08/2005

#

Docket Text

1 COMPLAINT against Farooqi Enterprises, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JLC, ) (Entered: 09/28/2005)
2 REQUEST FOR WAIVER of Service sent to The Corporation Company as agent for Farooqi Enterprises Inc. on 10/04/2005 by Equal Employment Opportunity Commission. Waiver of Service due by 11/3/2005. (Graham, J) (Entered: 11/08/2005)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Farooqi Enterprises, Inc. waiver sent on 11/3/2005, answer due 1/2/2006. (Graham, J) (Entered: 11/08/2005)

3 of 6

3/26/2007 12:35 PM

CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

11/22/2005 11/28/2005 12/28/2005 12/28/2005 12/29/2005 01/10/2006 01/11/2006 01/26/2006 02/24/2006 03/17/2006 03/28/2006 03/30/2006 04/05/2006 04/07/2006
04/18/2006
04/26/2006

4 MOTION Unopposed Motion to Extend Time to File Answer to Plaintiff's Complaint re 1 Complaint by Farooqi Enterprises, Inc.. (Adams, Robin) (Entered: 11/22/2005)
ORDER granting 4 Motion. Deft's time to Answer is extended until January 4, 2006. Signed by Judge Virginia Emerson Hopkins on 11/28/05. (ACW) (Entered: 11/28/2005)
5 ANSWER to Complaint by Farooqi Enterprises, Inc..(Adams, Robin) (Entered: 12/28/2005)
6 UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Virginia Emerson Hopkins on 12/28/05. (YMB) (Entered: 12/28/2005)
7 Corporate Disclosure Statement by Farooqi Enterprises, Inc.. (Adams, Robin) (Entered: 12/29/2005)
8 REPORT of Rule 26(f) Planning Meeting. (Adams, Robin) (Entered: 01/10/2006)
9 SCHEDULING ORDER: Discovery due by 10/31/2006. Dispositive motions due by 11/14/2006. Signed by Judge Virginia Emerson Hopkins on 1/11/06. (YMB) (Entered: 01/11/2006)
10 NOTICE by Equal Employment Opportunity Commission of Compliance with Court's Standin Order Establishing Pretrial Procedure (Attachments: # 1 # 2 # 3)(Graham, J) (Entered: 01/26/2006)
11 NOTICE by Arendall of Attorneys' Lien (Arendall, David) (Entered: 02/24/2006)
12 MOTION to Intervene By Mary E. James by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit A to the Complaint# 3 Exhibit B to the Complaint)(Denson, Jonna) (Entered: 03/17/2006)
ORDER setting motion deadline 12 Motion to Intervene -- Opposition to the motion should be filed within 20 days from the date of this order. Signed by Judge Virginia Emerson Hopkins on 3/28/06. (ACW) (Entered: 03/28/2006)
13 Opposition to re 12 Plaintiff-Intervenor Mary E. James' Motion to Intervene and Amended and Restated Complaint filed by Farooqi Enterprises, Inc.. (Adams, Robin) (Entered: 03/30/2006)
14 Ex Parte MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (Graham, J) (Entered: 04/05/2006)
ORDER GRANTING 14 Ex Parte MOTION to Substitute Attorney, Attorney C Emanuel Smith for Equal Employment Opportunity Commission added. Attorney Charles Guerrier terminated. Signed by Judge Virginia Emerson Hopkins on 4/7/2006. (JLC, ) (Entered: 04/07/2006)
ORDER setting motion hearing re 12 Motion to Intervene, for Wednesday, 4/26/06 at 5:00 PM, Courtroom 6A, Hugo Black US Courthouse, Bham, AL. Signed by Judge Virginia Emerson Hopkins on 4/18/06. (YMB) (Entered: 04/18/2006)
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins : Motion Hearing held on 4/26/2006 re 12 MOTION to Intervene By Mary E.

4 of 6

3/26/2007 12:35 PM

CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

04/27/2006
05/08/2006 05/22/2006 06/05/2006 06/14/2006 10/20/2006 12/28/2006 01/03/2007
01/23/2007 02/14/2007 02/14/2007 02/15/2007

James filed by Equal Employment Opportunity Commission. Opening stmts. Arguments of counsel. Motion taken under advisement as stated on the record. Written order to be entered. Adj. (Court Reporter Chanetta Sinkfield.) (YMB) (Entered: 04/26/2006)
15 ORDER GRANTING 12 Motion to Intervene and to Amend Complaint. The AMENDED COMPLAINT shall be filed with the Court within 7 days of the entry date of this Order as set out. Signed by Judge Virginia Emerson Hopkins on 4/27/2006. (JLC, ) (Entered: 04/27/2006)
16 Intervenor COMPLAINT, filed by Mary E. James. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Heninger, Stephen) (Entered: 05/08/2006)
17 Defendant's ANSWER to Intervenor Complaint by Farooqi Enterprises, Inc..(Adams, Robin) (Entered: 05/22/2006)
18 Summons Issued as to Johnell Myers, returned to Plaintiffs' Attorney for service. (JLC, ) (Entered: 06/05/2006)
19 SUMMONS Returned Executed on Johnell Myers, served on 6/13/2006, answer due 7/3/2006. (JLC, ) (Entered: 06/14/2006)
20 DEFENDANT'S ANSWER to Plaintiff-Intervenor Mary E. James'Amended and Restated Complaint by Johnell Myers.(JLC, ) (Entered: 10/20/2006)
21 Ex Parte MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (Graham, J) (Entered: 12/28/2006)
22 ORDER GRANTING 21 Motion to Substitute Attorney. Added attorney Julie Lee for Equal Employment Opportunity Commission. Attorney Mildred Byrd terminated . Signed by Judge Virginia Emerson Hopkins on 1/3/2007. (JLC, ) (Entered: 01/03/2007)
23 ORDER: Final Pretrial Conference set for Thursday, 2/22/2007 at 9:30 AM, 6th Floor Chambers, before Judge Virginia Emerson Hopkins. Signed by Judge Virginia Emerson Hopkins on 1/23/07. (YMB) (Entered: 01/23/2007)
24 NOTICE by Mary E. James Release of Attorney's Lien (Arendall, David) (Entered: 02/14/2007)
25 STIPULATION of Dismissal by Equal Employment Opportunity Commission, Mary E. James, Johnell Myers, Farooqi Enterprises, Inc.. (Adams, Robin) (Entered: 02/14/2007)
26 ORDER DISMISSING CASE after having received the parties 25 Stipulation of Dismissal. All claims of the Plaintiffs other than claims of Plaintiff EEOC for injunctive relief are hereby DISMISSED WITH PREJUDICE. The claims of Plaintiff EEOC for injunctive relief are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Virginia Emerson Hopkins on 2/15/2007. (JLC, ) (Entered: 02/15/2007)

PACER Service Center

5 of 6

3/26/2007 12:35 PM

CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?480765579671435-L_9...

Transaction Receipt

03/26/2007 12:37:28

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 3

Cost:

nniles 2:05-cv-02043-VEH 0.24

6 of 6

3/26/2007 12:35 PM