UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VERSUS
CONAGRA POULTRY COMPANY

CIVIL ACTION NO. 00-2186
JUDGE ROBERT G. JAMES MAGISTRATE JUDGE: JAMES D. KIRK

COMPLAINT OF INTERVENTION The complaint of Intervener, DONNA EBARB, a person of the full age of majority and a resident of Union Parish, respectfully represents as follows:
1. Intervenor is the person aggrieved in this action and is the party whose charge with the Equal Employment Opportunity Commission has prompted this action.
2. Intervenor has an unconditional right to intervene in this action under 42 U.S.C. 2000e5(f)(1).
3. Intervenor forwarded a charge letter against CONAGRA POULTRY COMPANY, to the Equal Employment Opportunity Commission on or about July 3, 1997.
4. Intervenor was diagnosed with cancer in November of 1995 which required the amputation of her lower left leg.

Intervenor returned to work with Defendant, CONAGRA, in late February, 1996 in her position of order entry clerk in the accounting department.
6. Following her return, management employees of Defendant, CONAGRA, re-arranged the office setting in such a manner that Intervenor was unable to perform her job due to her disability.
Intervenor maintained open communication with upper management concerning her difficulties she was encountering and ways to accommodate her disability.
8. Her requests were ignored.
After her complaints, Defendant, CONAGRA, began to assign additional jobs of invoicing and accounting.
10. The assignment of the extra job duties was a veiled, but deliberate attempt to force Intervenor to resign.
11. The additional job duties further hindered Intervener from being able to perform her actual job duties and also led to a greater back of accommodation.
12. Intervenor subsequently resigned because of the actions of Defendant, CONAGRA.

~13. By participating in the above described events and/or permitting said events to occur, Defendant either desired to inflict mental and emotional distress upon Intervenor, or knew that such distress was substantially certain to occur as a result of said conduct, and acted intentionally and/or with a reckless disregard of the probability of causing such distress to Intervenor.
14. Intervenor exhausted all administrative remedies through the EEOC.
15. The EEOC filed a lawsuit against Defendant, CONAGRA, for the purpose of addressing Defendant’s failure to comply with the American’s With Disabilities Act.
16. Considering the foregoing, Intervenor is entitled to: A. Back pay; B. Mental anguish, suffering and humiliation, and loss of self-esteem arising out of
Defendant’s failure to accommodate; C. Mental anguish, suffering and humiliation, and loss of self-esteem arising out of
retaliation against the Intervener by Defendant; D. Mental anguish, suffering and humiliation, and loss of self-esteem arising out of
intentional infliction of emotional distress; E. Lost wages, past and future; F. Increase in costs of insurance premiums based on increase in premiums under
COBRA. G. Increase in insurance premiums after expiration of COBRA;

Ho

Pre-j~dgment interest from date. of judicial demand until paid;

I. Tuition costs to pursue altemate career;

J. All costs of this action, as well as a trial by jury for all issues in this case.

K. Punitive Damages.

WHEREFORE, Intervener prays:

A. Leave of court to file this petition of intervention; and

B. That this Intervention be maintained, that there be judgment herein against the

Defendant for damages, and for attomey’s fees, interest, injunctive relief, all costs

of this action, and that this matter be tried by a jury for all issues in this case.

Respectfully submitted,

THE NEWMAN LAW FIRM 1900 North 18th Street Suite 302 Post Office Box 2838 Monroe, Louisiana 71207-2838 (318) 322-6005

BY: TODD G. NEWMAN #20310

PLEASE SERVE:
THE PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Through their attomey or record: Pamela Alford-George Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113

DEFENDANT, CO~qAGRA POULTRY COMPANY
Through its attomey of record William P. Crews 616 Front Street Natchitoches, LA 71457

 
 Case 3:00-cv-02186-FAL-JDK Document 21 Filed 11/20/2002 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff

CIVIL ACTION NO. 00-2186M

DONNA EBARB Plaintiff-Intervenor
VERSUS

JUDGE J1tIS41i~ Le#-k

CONAGRA POULTRY COMPANY

MAGISTRATE JUDGE KIRK

ETAL

Defendant

+ ~ORf)1!1't • ).1 ~ L-u

The motion duly considered, the parties having jointly agreed:

IT IS ORDERED, ADJUDGED AND DECREED that the above entitled

and numbered cause be and it is hereby diS~iSS~j~ ..

~. J. THUS DONE AND SIGNED at

0

Louisi:a on this

day of

N'i) IL .2002.

-------------------------

 
 Case 3:00-cv-02186-FAL-JDK Document 1 Filed 09/25/2000 Page 1 of 5

u.s. DISTRICT COURT
WESTERN DISTRICT OF LOUISIANt FILE D

RECEIVED

SEP 25 2000

IN THE UNITED STATES DISTRICT COURT

w~§'.pt~J blls1!AT~Twgfto%§~'roR THE WESTERN DISTRICT OF LOUISIANA

SHI1EVEPOrn, LOUISIANA

MONROE DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. CONAGRA POULTRY COMPANY,
Defendant.

cvoo- 2186 M CIVIL ACTION NO. JUDGE JAMES MAGISTRA TE JUDGE KIRK COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Donna Ebarb ("Ebarb") who was adversely affected by such practices. The U.S. Equal Employment Opportunity Commission alleges that Donna Ebarb, a qualified individual with a disability, was not accommodated by ConAgra Poultry Company ("ConAgra" or "Defendant"), because of her having a disability, an amputated leg and was constructively discharged from her position as an Entry Clerk by the Defendant. As alleged with greater particularity in paragraphs 8 and 9 below, Donna Ebarb was denied an accommodation which she needed to assist her in performing the essential functions of her job and constructively discharged. Defendant has violated the ADA by its refusal to accommodate Donna Ebarb.

Case 3:00-cv-02186-FAL-JDK Document 1 Filed 09/25/2000 Page 2 of 5
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. Sec. 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Sec. 12117(a), which incorporates by reference Sections 706(t)(1) and (3), of Title VII of the Civil Rights Act of 1964 (Title VII),42 U.S.C. Sec. 2000e-5(t)(I) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 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 Western District of Louisiana, Monroe Division.
PARTIES 3. Plaintiff, the U.S. 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. Sec. 12117(a), which incorporates by reference Sections 706(t)(1) and (3), and Section 707 of Title VII, 42 U.S.c. Sections 2000e-5(t)(I) and (3). 4. At all relevant times, Defendant, ConAgra Poultry Company, has continuous.ly been a Delaware Corporation doing business in the State of Louisiana 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 under Section 101(5) of the ADA, 42 U.S.C. Section 12111(5), and
2

Case 3:00-cv-02186-FAL-JDK Document 1 Filed 09/25/2000 Page 3 of 5
Section 101(7) ofthe ADA, 42 V.S.c. Section 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 V.S.C. Section 2000e(g) and (h).
6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 V.S.c. Section 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Donna Ebarb filed a charge with the Commission alleging violations of Title I ofthe ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least July 22, 1996, Defendant has engaged in unlawful employment practices at its Farmerville, Louis.iana facility, in violation of Sections 102(a), (b)(I) and (b)(5)(A)of Title I of the ADA, 42 U.S.C. Section 12112(a) and (b)(I) and (b)(5)(A) in that on several occasions Donna Ebarb, a leg amputee, requested accommodations to assist her in performing the essential functions of her job. Defendant ignored Donna Ebarb's requests and thus failed to accommodate her because of her disability. 9. After her requests for accomodations, the Defendant Employer constructively discharged Donna Ebarb by making her working conditions so intolerable that she was forced to resign. 10. The effect of the practices complained of in paragraphs 8 and 9 above has been to deprive Donna Ebarb of equal employment opportunities and otherwise adversely affect her status as an employee because of her disalbility. II. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
3

Case 3:00-cv-02186-FAL-JDK Document 1 Filed 09/25/2000 Page 4 of 5
12. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or reckless indifference to the federally protected rights of Donna Ebarb.
JPRAYER 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 disability discrimination and any other employment practices which discriminate on the basis of disability. B. Order Defendant to il1lstitute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Donna Ebarb by providing the appropriate affIrmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to appropriate back pay, rightful place reinstatement or front pay. D. Order Defendant to make whole Donna Ebarb by providing compensation for past and future nonpecuniary losses resul1ting from the unlawful practices complained of in paragraphs 8 and 9 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, lowered self esteem and humiliation, in amounts to be determined at trial. E. Order Defendant to pay Donna Ebarb punitive damages for its malicious and reckless conduct, as described in paragraphs 8 and 9 above, in amounts to be determined at trial. F. Grant such further relief as the Court deems necessary and proper in the public interest. G. Award the Commission its cost of this action.
4

Case 3:00-cv-02186-FAL-JDK Document 1 Filed 09/25/2000 Page 5 of 5
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, C.GREGORYSTEWART General Counsel
~-li;/Jii=~ KElT T. HILL Regional Attorney No Bar Roll No. Assigned
/)~/1,90~
JEJFfffiY1T. A~el~AR /
JSl,1~:l!:isory Trial1\ttorney La. Bar 011 No. 2355

Defendant's Agent for Service of Process: The Prentice Hall Corp. System 701 S. Peters, 2nd Floor New Orleans, Louisiana 70130

Trial Attorney La. Bar Roll No.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone:(504) 589-6817
(504) 589-2011 Facsimile:(504) 589-2805

5

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 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?202663332873833-L_9...

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:00-cv-02186-FAL-JDK

CLOSED

E E O C v. Conagra Poultry Co Assigned to: Judge F A Little, Jr Referred to: Magistrate Judge James D Kirk Demand: $0 Cause: 42:12181 Americans with Disabilities Act

Date Filed: 09/25/2000 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffery T Agular E E O C 701 Loyola Ave Ste 600 New Orleans, LA 70113 504-589-6817

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

V. Defendant Conagra Poultry Co

represented by William P Crews, Jr Law Office of William P Crews Jr P O Box 226 Natchitoches, LA 71458-0226 318-356-8001 Fax: 318-356-8007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Movant Donna Ebarb TERMINATED: 02/28/2001
Intervenor Plaintiff Donna Ebarb
V. Intervenor Defendant Conagra Poultry Co

Roger J Miller McGrath North et al 1601 Dodge St Ste 3700 Omaha, NE 68102-1627 402-341-3070 ATTORNEY TO BE NOTICED
Roisin H Bell McGrath North et al 1601 Dodge St Ste 3700 Omaha, NE 68102-1627 402-341-3070
represented by Todd G Newman Newman Law Firm P O Box 2958 Monroe, LA 71207-2958 318-340-7900 Fax: 318-340-6272 TERMINATED: 02/28/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Todd G Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William P Crews, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger J Miller (See above for address) ATTORNEY TO BE NOTICED
Roisin H Bell (See above for address)

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Date Filed 09/25/2000 09/25/2000 09/25/2000 10/25/2000 11/28/2000 11/28/2000 12/01/2000 12/05/2000 02/02/2001 02/02/2001
02/06/2001
02/23/2001

#

Docket Text

Amount of fee $0/USA PLAINTIFF. (Mitchell, S) (Entered: 09/26/2000)
CASE ASSIGNED to Magistrate Judge James D Kirk for discovery. (Prest, B) (Entered: 09/27/2000)
1 COMPLAINT filed w/jury demand (Prest, B) (Entered: 09/27/2000)
2 WAIVER of service returned executed as to Conagra Poultry Co; Request for waiver mailed on 10/4/00; Answer due on 12/3/00 for Conagra Poultry Co (Reeves, T) (Entered: 10/26/2000)
3 ANSWER to Complaint by Conagra Poultry Co (former employee) (Entered: 11/28/2000)
4 MOTION by Conagra Poultry Co for Roisin H Bell and Roger J Miller to appear pro hac vice as counsel of record for Conagra Poultry Co with Proposed Order referred to Magistrate Judge James D Kirk (former employee) (Entered: 11/28/2000)
5 ORDER granting [4-1] motion for Roisin H Bell and Roger J Miller to appear pro hac vice as counsel of record for Conagra Poultry Co (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 12/01/2000)
6 FIRST AMENDING ANSWER to Complaint by Conagra Poultry Co: amends [3-1] answer to correct typographical errors (former employee) (Entered: 12/07/2000)
Telephone Status conference held (former employee) (Entered: 02/05/2001)
7 MINUTE ENTRY: Telephone status conference held 01/26/01 regarding defendant's request for discovery. Plaintiff desired to await the Rule 26(f) conference before responding to the outstanding discovery. The court ordered plaintiff to answer the discovery for the reason that this court has never prohibited the discovery process from commencing prior to compliance with Rule 26. (signed by Magistrate Judge James D Kirk) NOE by: tlw/dmn (former employee) (Entered: 02/05/2001)
8 SCHEDULING ORDER: Jury Trial set for 9:00 10/1/01; Pretrial Conference for 11:30 9/6/01; Joining of parties, amding of pleadings on 2/23/01; Pltf's expert info/rpts due 4/24/01; Discovery due 5/24/01; Dft's expert info/rpts due 5/24/01; Pretrial order to be submitted on or before 5:00 9/4/01; Motions to Compel due 05/24/01; Deadline for filing of all motions 6/8/01; Expert depositions due 7/18/01; Conference to prepare PT order set for 8/15/01; Motions in limine due 8/22/01; Trial inst., interr, etc due 9/4/01; Objections to imp/surv evid due 9/4/01; Witness list due 4/4/01; deadlines set before Judge Robert G James (signed by Angene Carroll for Judge Robert G James) NOE by: dmn (former employee) (Entered: 02/09/2001)
9 MOTION w/ consent by Donna Ebarb for leave to intervene with Proposed Order and Complaint of Intervention referred to Magistrate Judge James D Kirk (former employee) (Entered: 02/26/2001)

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02/28/2001 02/28/2001 02/28/2001 03/16/2001
03/21/2001 05/02/2001 05/04/2001 09/20/2001 09/20/2001 10/09/2001 10/15/2002 10/21/2002
10/24/2002

10 ORDER granting [9-1] motion for leave to intervene (signed by Magistrate Judge James D Kirk) NOE by: tlw/dmn (former employee) (Entered: 03/01/2001)
11 INTERVENOR'S COMPLAINT by Donna Ebarb against Conagra Poultry Co (former employee) (Entered: 03/01/2001)
11 DEMAND for jury trial by Donna Ebarb (former employee) (Entered: 03/01/2001)
12 MINUTE ENTRY: A telephone status conference was held on 3/13/01 upon oral motion of plaintiff; Todd Newman's office was notified but could not attend for intervenor. The status conference concerned EEOC's desire to set discovery depositions and defendant Conagra's reluctance to do so until the intervention was served and intervenor could participate in the discovery as well as provide needed discovery to Conagra. The court ordered that parties await service of the intervention and, if needed, a status conference could be held at that time to discuss discovery and to consider the entry of a new scheduling order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 03/16/2001)
13 ANSWER by Conagra Poultry Co to [11-1] intervenor complaint (Whidden, C) (Entered: 03/21/2001)
14 MOTION w/ incorporated brief and partial consent by E E O C to continue trial and modify scheduling order with Proposed Order referred to Judge Robert G James (former employee) (Entered: 05/02/2001)
15 ORDER denying [14-1] motion to continue trial and modify scheduling order (signed by Judge Robert G James) NOE by: cfd (Darnell, C) (Entered: 05/04/2001)
16 60 DAY JUDGMENT of dismissal (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 09/20/2001)
Case closed (former employee) (Entered: 09/20/2001)
RECEIVED copy of [16-1] judgment judgment addressed to Roisin H Bell at 222 S 15 th St Ste 1400 Omaha, from U S Postal Svc (Thigpen, M) (Entered: 10/10/2001)
17 JOINT MOTION by E E O C, Conagra Poultry Co, Donna Ebarb to dismiss this suit, each party to bear its own costs and attorney fees with Proposed Order referred to Judge Robert G James (former employee) (Entered: 10/16/2002)
18 MINUTE ENTRY OF RECUSAL: Judge Robert G James disqualifies himself from this matter. (signed by Judge Robert G James) Case referred to Chief Judge for reassignment. NOE by: dmn (former employee) Modified on 10/22/2002 (Entered: 10/22/2002)
19 LETTER by William P Crews Jr to Clerk of Court advising that this matter has been settled and informing the court that the [17-1] joint motion to dismiss this suit got lost "in circulation" and request that we notify Chief Judge Richard T Haik Sr. E-mail sent to Courtroom Deputy for Judge Haik on 10/24/02. (former employee) (Entered: 10/24/2002)

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10/30/2002 10/30/2002 10/30/2002 10/31/2002
11/01/2002 11/12/2002
11/20/2002

20 ORDER; this matter is reassigned to Judge F A Little Jr of the Alexandria Division. All pending motion dates are upset and shall be reset by Judge Little. All scheduling deadlines will be reviewed and reset. (signed by Judge Richard T Haik Sr) NOE by: sjd (Dean, S) (Entered: 11/01/2002)
CASE reassigned to Judge F A Little Jr (Dean, S) (Entered: 11/01/2002)
MOTIONS TRANSFERRED: [17-1] motion to dismiss this suit, each party to bear its own costs and attorney fees referred to Judge F A Little Jr (Dean, S) (Entered: 11/01/2002)
RECEIVED copy of [18-1] order addressed to Roisin H Bell at McGrath North et al, 222 S 15th ST Ste 1400, Omaha, NE 68102 from U S Postal Svc marked: Return to sender, Attempted, Not Known, No Longer at this Address. Document remailed on 11/01/02 to Roger Miller who is with the same law firm. Roisin H Bell has the left the firm. (former employee) Modified on 11/01/2002 (Entered: 11/01/2002)
ATTORNEY being noticed in this matter for Conagra Poultry Co changed to Roger Miller due to Roisin H Bell has left the firm (former employee) (Entered: 11/01/2002)
RECEIVED copy of [20-1] order addressed to Roisin H Bell at McGrath North et al from U S Postal Svc marked: Return to sender, No longer at this address. Document remailed on 11/13/02 to Attorney Roger Miller; Attorney Bell is no longer with the firm of McGrath North et al. (former employee) (Entered: 11/13/2002)
21 JUDGMENT granting [17-1] motion to dismiss this suit, each party to bear its own costs and attorney fees ( signed by Judge F A Little Jr ) (Gilchrist, B) (Entered: 11/20/2002)

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