~ :]1 }t~ L. 1 ~ ~0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

C ~~-~-~ ~ ~I :=~

EASTERN DIVISION

90CKETED
DEC I 8 2002

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

K-B TELEVISION AND APPLIANCE CO, Defendant.

COMPLAINT JURY DEMAND

NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12101 e_t se_._~., and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices on the basis of disability, and to provide appropriate relief to Ronnie Martin ("Martin".) who was adversely affected by such practices. As alleged with greater particularity below, Defendant K- B Television and Appliance Co. ("Defendant") failed to extend an offer of employment to Martin, a qualified individual with a disability, a missing hand, because of his disability.
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 107(a) of the Americans with Disabilities Act of I990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42

U.S.C. § 2000e-5(t)(l) and (3), and pursuant.to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern 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 I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(0(1) and (3) of Title VII, 42 u.S.C. § 2000e-5(f)(1) and (3). 4. Defendant, K-B Television and Appliance Co., is apublishing company incorporated in the State of Illirtois, At all relevant times, Defendant has continuously been doing business in the State of Illinois and the City of Darien, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § I2111(5), and Section 101 (7) of the ADA, 42 U.S.C. § 12111 (7), which incorporates by reference Sections 70 l(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
2

STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Martin filed a charge with the CoI~mission alleging violations ofTit!e I of the ADA by Defendant, All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least February 23, 2000, Defendant has engaged in unlawful employment practices in violation of Section 102 (a) and 102(b)(5) of Title I o f the ADA, 42 U.S.C. § § 12112(a). Such practices include, but are not limited to: failing to extend an offer of empIoyment to Martin because of his disability. 9. The effect of the practices complained of in paragraph 8 above has been to deprive Martin of equal employment opportunities and otherwise adversely affect his status as an employee because of his disability. 10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional. 1I. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Martin.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays 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 any employment practice which discriminates on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which
3

.eradicate the effects of its past and present unlawful employment practices.

C, Order ...D.ef~nd~at to make whole t~ormie Marti~, by providing appropriate backpay with prejudgment interest, in amounts to be determined at triaI, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to extension of an offer of employment to Martin.

D. Order Defendant to make whole Martin by providing compensation for past and

future pecuniary losses resulting from the unlawful employment practices described in paragraphs

8 and 9 above, including job search and medical expenses, in amounts to be determined at trial.

E. Order Defendant to make whole Martin by providing compensation for past and future nonpecm~iary losses resulting from the ttr!lawful practices complained of in paragraphs 8 and

9 above, including pain, suffering, emotional distress, injury to his professional reputation, inconvenience, and mental anguish, in amounts to be determined at trial.

F. Order Defendant to pay Martin punitive damages for its malicious and reckless

conduct, as described in paragraphs 8 and 9, in amounts to be determined at trial.

Go

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

interest.

H. Award the Commission its costs of tlais action,

The Comraission requests a jury trial on all questions of fact raised by the Complaint.

Respectfully submitted,
Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY

COMM SS 9 . ,

"

R.~onalAttomey
Supervisory Trial Attorney
Trial Attem~,y
~,Q. U./~ ~MP~QYMgNT 0PPQR.T,UN.!TY COMMI$~ION Chie, a~o Di~tric.t Office 500 We~t Madison ,~tre~t Suits 2800 Chicago, Illinois 60661 (312) 886-9078

httF’~-"~,w.iInd.uscourts.gov/PUBLIC/Forms/auto_js44.cfm

UNITED STATES DISTRICT COURT ¯ :~’;?0"3,L, 318o1~e,u~ NORTHERN DISTRICT OF ILLINOIS
:flI.t~’ Zl 3~ZO~
Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The
DOCKETED information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required
by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT Defendant(s):K-B TELEVISION &

OPPORTUNITY COMMISSION

APPLIANCE CO.

DEC 1 8 2002

County of Residence:

County of Residence:

Plaintiffs Arty: Richard Mrizek

Defendant’s Atty:,

Equal Employment Opportunity

gUU~ ~Ol~k(Oi’~

Commission

500 W. Madison, Suite 2800, Chicago, IL 60661

02C

312-886-9078

.m~GISTRATE JUDGE ASHMAN

II. Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

III. Citizenship of Principal

Parties (Diversity Cases Only)

...: .

Plaintiff:-N/A

Defendant:-

IV. Origin ¯

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title I of Americans with Disabilities Act of 1990 (the "ADA"), 42
U.S.C. § 12101 et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct the unlawful employment practices on the basis of disability.

VII. Requested in Complaint Class Action:
Dollar Demand: Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

Signature: ~
-- /---x,../.:..i
l 01’2

12/16/02 5:42 PM

uairgD STATESDISTRICT COLxT NORTHERN DISTRICT OF ILLINQ.t~O
In the Matter of U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
K-B TELEVISION & APPLIANCE CO. Defendant. APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR.~UD-~-~g I~Ug~L{J~ U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ~I~I~’J~A’~ ,If I~(2,C ~ ,

_.-.----../ ? ~ 0 (A)
SIGI UR

N~M~ Richard Mrizek

"RMEqual Employment Opportunity Commission

STREETADDRESS500 W. Madison, Suite 2800

c~vwsrAX~zlPChicago, IL 60661
TELEPHONE NU,~"ER312-886-9078
E-MAIL ADDRESS

FaX ~urcm~R

|DEN4iFICATIO~’-NUMBER (SEE ITEM 4 ON REVER~E)

ARDC No. 062277Afl
MEMBER OF TRIAL BAR?

¯ ~s [] NO X

N~Noelle C..Brennan FL~ Equal Employment Opportunity Commission

Madison, STREET ADDRESS 500 W.

Suite 2800

CITWST*TWZl~Chicago, IL 6066 I .... r~ili’r~o~E r~u~z~.312-3 S~’7582
E.MAIL ~D~SS

,AX ~UM~ER

IDENTIFICATION N~EK (SEE ITEM 4 ON ~gSg)
~C NO’: 06229901 .........

/////ff//d d 1 /

DESIGNATED AS LOCAL COUNSEL? .

SIGNATURE.

.... :

(D)

[] No []

j~/EquaCEmployment Opportunity Commission T~ETADD~]SS 500 W. Madison, Suite 2800

c~ wsr~ z~Chicago, IL 60661
TELEPI-IONE ~u~ER312-353-8551
E-MAlL ADDRESS

FA~ NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 03187589

MEMBER. OF TRIAL BAR.?

YES X

TRIAL ATI’OKN EY?

YES X

DESIGNATED AS LOCAL COUNSEL?

YES []

NO

[]

NO

[]

NO

[]

FIRM

S T’KEET ADDRESS

CITY/STATE/ZIP TELBPHONE NUMBER~ ....... E-MAIL ADDRESS

FAX NLqv~ER

IDENTIFICATION NU~ABER (SEE ITEM 4 ON REVERSE)

r~A~ A~roe.~EV?
DESIGNATED AS LOCAL COUNSEL?

yES []

NO []

YES

[]

NO []

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

K-8 TELEVISION AND APPLIANCE CO.,

)

)

Defendant.

Suzanne B. Conlon, Judge
DOCKETED
JUL 182003

VERDICT FORM

We, the jury, find as to the plaintifl's claim of discrimination as Jbllows:

FOR PLAINTIFF

FOR DEFENDANT

><

If you find for the plaintiff on the above claims, indicate until what date you believe that Mr. Martin would have been employed by Defendant, providing the day, month and year of his last day of employment with the Defendant:
;J/d

We award the following damages (tu be 11lled in only if you find for plaintifl);
Rackpay Damages Compensatory Damages

/1 ,2003

Juror
Jur~th~

k-;-C] ~,_....,. L

/;;;;::;:T

Juror

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?835670546192963-L_35...
ASHMAN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-09128

EEOC v. K-B TV & Appliance Assigned to: Hon. Suzanne B. Conlon Demand: $0 Cause: 42:12101 Americans with Disabilities Act

Date Filed: 12/17/2002 Date Terminated: 07/17/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Richard John Mrizek U.S. Equal Employment Opportunity Commission 500 W. Madison Suite 2800 Chicago, IL 60661 (312) 886-9078 Fax: (312) 353-8555 Email: richard.mrizek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street

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V. Defendant K-B Television and Appliance Co.

Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED
represented by Oyvind Wistrom Lindner and Marsack, S.C. 411 East Wisconsin Avenue Suite 1000 Milwaukee, WI 53202 (414) 273-3910 Email: owistrom@lindner-marsack.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James R Scott Lindner and Marsack, S.C. 411 East Wisconsin Avenue Suite 1000 Milwaukee, WI 53202 (414) 273-3910
Robert William Funk, II Schirott & Luetkehans, P.C. 105 East Irving Park Road Itasca, IL 60143 (708) 773-8500 Email: rfunk@sl-atty.com ATTORNEY TO BE NOTICED
Robert James Kartholl, Jr. Law Offics of Robert Kartholl 105 East Irving Park Road Itasca, IL 60143 (630)760-4627 ATTORNEY TO BE NOTICED

Date Filed 12/17/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Richard John Mrizek as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: (1-1 through 1-3)) (fce) (Entered: 12/18/2002)

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01/03/2003
01/23/2003
02/14/2003 02/18/2003 02/18/2003 02/18/2003 05/02/2003 05/07/2003
05/07/2003 05/09/2003 05/14/2003
05/15/2003 06/19/2003

SCHEDULE set on 1/3/03 by Hon. Suzanne B. Conlon : Status hearing set on 1/23/03 at 9:00 AM. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the court's action herein and to forward a copy of the court's procedure guidelines to defendant(s). Mailed notice (cgb) (Entered: 01/03/2003)
2 MINUTE ORDER of 1/23/03 by Hon. Suzanne B. Conlon : Status hearing held. Discovery cut -off and filing of dispositive motions with supporting memoranda set on 05/22/03. Joint final pretrial order with agreed pattern jury instructions submission set on 06/12/03 at 9:00 a.m., plaintiff's draft to be submitted to defendant by 06/05/03. Case is placed on the July 2003 trial calendar. Firm Dates. Mailed notice (gcy) (Entered: 01/24/2003)
3 WAIVER of service of summons as to defendant K.B. Television & Appliance Co. sent on 12/17/02. (gcy) (Entered: 02/19/2003)
4 ATTORNEY APPEARANCE for defendant by Oyvind Wistrom, James R Scott (gcy) (Entered: 02/20/2003)
5 ANSWER by defendant to complaint [1-1]. (gcy) (Entered: 02/20/2003)
6 CERTIFICATE of Interest by defendant. (gcy) (Entered: 02/20/2003)
7 MOTION by defendant to substitute counsel , file an amended answer and enlarge discovery ; Notice. (gcy) (Entered: 05/08/2003)
8 MINUTE ORDER of 5/7/03 by Hon. Suzanne B. Conlon: Defendant's motion to substitute counsel [7-1] is granted, provided new counsel file their appearance upon receipt of this order. Defendant's motion for leave to file an amended answer [7-2] is granted. The amended answer shall be filed by 05/12/03. Defendant's motion to enlarge time to complete discovery [7-3] is denied for failure to show good cause or due diligence. Mailed notice by judge's staff (gcy) (Entered: 05/08/2003)
9 ATTORNEY APPEARANCE for defendant by Robert James Kartholl Jr., Robert William Funk II (gcy) (Entered: 05/08/2003)
10 AGREED MOTION by plaintiff EEOC for rescheduling submission of final pretrial order ; Notice. (gcy) (Entered: 05/16/2003)
11 MINUTE ORDER of 5/14/03 by Hon. Suzanne B. Conlon : Plaintiff's agreed motion for rescheduling submission of final pretrial order is granted [10-1]. Pretrial order submission on 06/12/03 is reset to 06/19/03 at 9:00 a.m.; plaintiff's draft to be submitted to defendant by 06/12/03 . Case remains on the July 2003 trial calendar. The court notes that plaintiff is represented by 3 attorneys. No further extensions. Mailed notice by judge's staff (gcy) (Entered: 05/16/2003)
12 AMENDED ANSWER [5-1] and affirmative defenses to complaint at law by defendant; Notice. (gcy) (Entered: 05/16/2003)
13 MINUTE ORDER of 6/19/03 by Hon. Suzanne B. Conlon : Pretrial order submission held. Responses to parties' motions in limine to be filed by 06/30/03. Final pretrial conference set on 07/10/03 at 4:00 p.m.; all trial counsel to be

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06/30/2003 06/30/2003 06/30/2003 06/30/2003 07/03/2003 07/03/2003 07/03/2003 07/10/2003
07/10/2003
07/14/2003 07/14/2003 07/14/2003 07/14/2003

present. Trial set on 07/16/03 at 9:00 a.m. (Entered Final Pretrial Order) Mailed notice by judge's staff (gcy) (Entered: 06/20/2003)
14 RESPONSE by defendant to plaintiff's motion in limine to exclude Illinois Department of Human Rights findings; Notice. (jmp) (Entered: 07/01/2003)
15 RESPONSE by defendant to plaintiff's motion in limine to exclude evidence of defendants' Martin and Stewart, prior convictions (Attachment). (jmp) (Entered: 07/01/2003)
16 RESPONSE by defendant to plaintiff's motion in limine to exclude defendant's communication of an open eposition to the IDHR. (jmp) (Entered: 07/01/2003)
17 RESPONSE by defendant to plaintiff's motion in limine to exclude evidence of defendant Martin, Social Security and Unemployment Benefits. (jmp) (Entered: 07/01/2003)
18 RESPONSE by plaintiff EEOC to defendant's motion in limine to bar evidence as to backpay damages for certain period of time. (gcy) (Entered: 07/08/2003)
19 RESPONSE by plaintiff EEOC to defendant's motion in limine to bar testimony regarding Dr. Baht and other healthcare professionals. (gcy) (Entered: 07/08/2003)
20 RESPONSE by EEOC to defendant's motion in limine to bar evidence of certain statements made by K-B's owner after suit was filed. (gcy) (Entered: 07/08/2003)
21 MINUTE ORDER of 7/10/03 by Hon. Suzanne B. Conlon : Plaintiff's motions in limine to exclude evidence of the Illinois Department of Human Rights findings and to exclude evidence regarding defendant's communication of an open position to the IDHR and defendant's motions in limine to bar evidence as to back pay damages for a certain period of time and certain statements made by K-B's owner after suit was filed are denied for failure to submit sufficient information either by filing trials briefs or submitting exhibits or other evidence. Plaintiff's motion in limine to exclude evidence of Martin and Stewart's prior convictions is granted. Plaintiff's motion in limine to exclude evidence of Martin's social security payments and unemployment benefits is granted in part and denied in part. Defendant's motion in limine to bar testimony regarding Dr. Baht and other health care professionals is moot. (See reverse of minute order.) No notice (gcy) (Entered: 07/11/2003)
22 MINUTE ORDER of 7/10/03 by Hon. Suzanne B. Conlon : Final pretrial and settlement conference held. Counsel shall advise chambers by 07/14/03 if the case settles. If the case does not settle, counsel shall submit trial briefs and revised jury instructions by 07/14/03. No notice (gcy) (Entered: 07/14/2003)
23 TRIAL brief by defendant K-B TV & Appliance; Notice (gcy) (Entered: 07/15/2003)
28 TRIAL brief by plaintiff (lc) (Entered: 07/18/2003)
29 AGREED JURY INSTRUCTIONS submitted (lc) (Entered: 07/18/2003)
30 AMENDMENTS TO FINAL PRE-TRIAL ORDER (lc) (Entered: 07/18/2003)

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07/16/2003 07/16/2003 07/17/2003
07/17/2003 07/17/2003 07/17/2003 07/17/2003 08/14/2003 08/20/2003
09/23/2003

24 ATTORNEY APPEARANCE for plaintiff by Ethan M.M. Cohen (gcy) (Entered: 07/17/2003)
25 MINUTE ORDER of 7/16/03 by Hon. Suzanne B. Conlon : Jury trial held and continued to 7/17/03 at 9:00 a.m. No notice (eav) (Entered: 07/18/2003)
26 MINUTE ORDER of 7/17/03 by Hon. Suzanne B. Conlon : Jury trial held. Jury deliberates. Verdict returned for defendant K-B Television & Appliance and against plaintiff EEOC. Judgment is entered on jury's verdict. terminating case Mailed notice (eav) (Entered: 07/18/2003)
27 ENTERED JUDGMENT (eav) (Entered: 07/18/2003)
31 JURY INSTRUCTIONS submitted (lc) (Entered: 07/18/2003)
32 JURY NOTES filed of 07/17/03 (Attachment). (lc) (Entered: 07/18/2003)
33 VERDICT for defendant against plaintiff (lc) (Entered: 07/18/2003)
34 BILL OF COSTS submitted by defendants (Attachments); Notice. (ntf) (Entered: 08/21/2003)
35 MINUTE ORDER of 8/20/03 by Hon. Suzanne B. Conlon: Defendant's bill of costs is taken under advisement. Plaintiff shall file any objections by 08/29/03. Notice mailed by judge's staff (ntf) (Entered: 08/21/2003)
36 MINUTE ORDER of 9/23/03 by Hon. Suzanne B. Conlon : Defendant's unopposed bill of costs [34-1] is approved. Defendant is awarded reasonable costs in the amount of $2,411.69. Mailed notice by judge's staff (gcy) Modified on 09/24/2003 (Entered: 09/24/2003)

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