UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

UNfTED STATES OF AMERICA, Plaintift;

Civil Action No. 05-t25

ESCAMBIA COUNTY BOARD OF EDUCATION,
Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, the United States of America, atreges:
1. This action is brought on. behalf of the United States to cnt.brce Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). 2. This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and
28 U.S.C. § 1345. 3. Defendat~t, the Escambia Cotmty Board of Education ("Escambia Board"), is a
governmental body created pursuant to the taws of the state of Alabama. 4. Defendant Escambia Board is a "person" within the meaning of 42 U.S.C. § 2000e(a)
and an "employer" within the meaning of 42 U.S.C. § 2000e(b). 5. Defendant Escambia Board has discriminated against Betty J. Hooks on the basis of
her sex, in violation of Section 703(a) of Titte Vtl, 42 U.S.C. § 2000c~2(a), among other ways, by:

(a) subjecting Ms. Hooks to sexual harassment during her employment with the Escambia Board that adversely affected the temps, conditions and privileges of her employment; and
(b) failing or reti~sing to take appropriate action to remedy the effects of the discriminatory treatment.
6. Defendant Escambia Board has relaliated against Betty J. ttooks in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e~3(a), among other ways, by:
(a) discharging Ms..tlooks for opposing condttct that she reasonably believed to be unlawful under Title VII; and
(b) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.
7. The LI.S. Equal Emplo3qnent Opportunity Commission ("EEOC") received a timely charge (Charge No. t30-2003-00347) filed by Ms. I-looks on or about October 7, 2002, alleging that she had been discriminated against on the basis of sex when she was subjected to sexual harassment while employed as a custodian by the Defendant Escambia Board. The charge also alleged that Ms. Hooks was tem~ir~ated in retaliation for complaining about the sexual harassment. Pursuant to Section 706 of Title VII, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause lo believe that Ms. Hooks’ allegations of sexual harassment and retaliation were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Depamnent of Justice.
8. All conditions precedent to the filing of suit have been performed or have occurred. WHEREFORE, Plaintiff prays that the Court grant the follov,,ing relief:
(a) Enjoin Defendant Escambia Board from failing or refusing to provide stfff.iciem

remedial relief to Betty J. Hooks to make her whole for the losses she has suffered as a result of the discrimination and retaliation against her as alleged i~ this Complaint;
(b) Enjoin Defendant Escmnbia Board from failing or refusing to develop and implement appropriate and effective policies to address and prevent sexual harassment;
(c) Ex~join Defeudant from retaliating against employees who protest what they reasonably believe to be unlawful discrimination under Title VII;
(d) Award compensatory damages to Betty J. ttooks to fully compensate her for the injuries caused by Defendant Escambia Board’s discriminatory and retaliatory conduct, pursuant to and within the statutory litnitations of Section t02 of the Civil Rights Act of t991, 42 U,S.C. § 198Ia; and
(e) Award such additional relief as justice may require, together with Plaintiff’s costs and disburseme~ts in this action.

JURY DEMAND
The United States hereby demands a trial by jury ofatl issues so triable pursuant to Rule 38 of
the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C.
§ 1981a.
R. ALEXANDER ACOSTA Assistant Attorney General. Civil Rights Division
By:
DAVID J. ?XLMER (Bar No. DC 4 t 7834) Chief Emplo~nent Litigalion Seclion Civil ~ Division .....
WILLIAM B. FENTON (Bar No. D~414990) Deputy Section Chief DIANA EMBREY (Bar No. DC 457470) ROBERT L. GALBREATH (Bar No, DC 460389) Trial Attorneys United States Department of Justice .Emplos~aent Litigation Section, PHB Civil Rights Division 950 Constitution Avenue, NW Washington, DC 20530 (202) 353-9731 (202) 353-8961 (fax)
CHARLES BAER (Bar No. ASB6865-5553B) Assistant United States Attorney Southern District of Alabama Riverview Plaza 63 South Royal Street, Suite 600 Mobile, AL 36602 (251) 441-5845

 
 Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff, and,
BETTY J. HOOKS, Plaintiff-Intervenor,
vs. ESCAMBIA COUNTY BOARD OF EDUCATION,
Defendant.

§ § § § § § § § § Civil Action No. 1:05-cv-00125-WS-L § § § § §

INTERVENOR’S COMPLAINT

Jurisdiction

1. This action arises under Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.C. §2000e, et seq., including §§2000e-3(a) and 2000e-5(f), as

hereinafter more fully appears. Plaintiff-Intervenor Betty J. Hooks filed a charge

of discrimination with the Equal Employment Opportunity Commission naming

defendant as the respondent, and the United States of America filed a civil action

on the basis of that charge of discrimination. Plaintiff-Intevenor has an

unconditional right to intervene in this action, conferred by 42 U.S.C. §2000e-

1

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 2 of 7
5(f)(1). This action also arises under 42 U.S.C. Section 1983, derived from the Civil Rights Act of 1871, as hereinafter more fully appears. This action also arises under 42 U.S.C. §1988, derived from the Civil Rights Act of 1866, the Civil Rights Act of 1870, and the Civil Rights Attorneys’ Fee Awards Act of 1996, as hereinafter more fully appears. Jurisdiction of this Court is also invoked pursuant to 28 U.S.C. §§1343(3), 1343(4), 2201 and 2202, as hereinafter more fully appear.
Parties 2. Plaintiff United States of America (hereinafter sometimes, “Plaintiff USA”) is authorized to bring this action pursuant to 42 U.S.C. Section 2000e-5(f). 3. Plaintiff Betty J. Hooks is an adult, female citizen of the United States and of the State of Alabama, residing in the Southern District of Alabama. 4. Defendant Escambia County Board of Education (sometimes hereinafter, “defendant” or “the School Board,” is the county board of education for Escambia County, Alabama. The School Board is an employer within the meaning of 42 U.S.C. §2000e-(b), in that it is engaged in an industry affecting commerce and employs fifteen or more persons. The School Board is a “person” within the meaning of 42 U.S.C. Section 1983.
2

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 3 of 7
FACTS AND CLAIMS COUNT I: SEXUAL HARASSMENT 5. Plaintiff was employed by defendant School Board as a custodian at Escambia County Middle School in August, 1999. Plaintiff was so employed by the defendant for the 1999-2000, 2000-2001, and 2001-2002 school years. 6. In August, 2000, defendant hired a custodian named Paul Ikner (spelling approximate). Plaintiff was subjected to a sexually hostile, offensive and abusive work environment by the actions of Ikner, an agent of defendant. Ikner made lewd and sexually offensive comments to plaintiff; he made sexual propositions to plaintiff; he offered plaintiff money for sexual favors; and he inappropriately touched plaintiff in a sexual manner. 7. On more than one occasion plaintiff complained to the principal of Escambia County Middle School, Herbert Payne. Mr. Payne was not at all receptive to plaintiff’s complaints reporting the sexual harassment. Mr. Payne dismissed plaintiff’s reports and accused plaintiff of interfering with Ikner’s work. Plaintiff notified defendant of the hostile work environment but defendant failed to take remedial action. By the pervasive nature for the hostile environment, defendant knew or should have known of the hostile environment.
3

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 4 of 7
8. Defendant failed to have in place, or failed to utilize, publicize or enforce an efficient anti-harassment policy.
9. Defendant failed and refused to take any action to halt or remedy the unlawful sexually hostile environment plaintiff was enduring.
10. The hostile work environment plaintiff endured was offensive, humiliating, embarrassing and unfair and was in violation of plaintiff’s rights under Title VII and 42 U.S.C. §1983. Plaintiff endured mental suffering and anguish as a result of the sexual harassment.
COUNT II: RETALIATION AND TERMINATION 11. Plaintiff adopts and incorporates by reference the allegations set out in paragraphs one through ten above. 12. At the end of the 2001 - 2002 school year defendant terminated plaintiff’s employment because of and in retaliation for her complaints reporting the unlawful sexual harassment of defendant’s agent, Ikner. 13. As a result of defendant’s terminating plaintiff, plaintiff suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, humiliation, and harm to reputation. 14. Defendant’s actions were in violation of Title VII and 42 U.S.C. §1983.
4

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 5 of 7
Prayer for Relief WHEREFORE, plaintiff respectfully prays this Court to cause this case to be expedited in every practicable way, and, following a hearing on the matters complained of herein, to: A. Grant plaintiff a preliminary and permanent injection enjoining defendant, its agents, successors, attorneys, and those acting in concert with them and at their direction from failing and refusing to offer plaintiff re-employment. B. Grant plaintiff a preliminary and permanent injection enjoining defendant, its agents, successors, employees, attorneys, and those acting in concert with them and at their direction, from maintaining or continuing the policies, practices, customs and usages of denying, abridging, withholding, conditioning, or otherwise interfering with the right of plaintiff to equal employment opportunities, and including the right to be free from a sexually hostile work environment, and including the right not to be retaliated against for opposing unlawful employment practices, or for complaining of unlawful sexual harassment. C. Grant plaintiff a declaratory judgment that the actions, policies, practices, customs, and usages complained of herein violate the provisions of 42 U.S.C. §2000e, et seq., and those of 42 U.S.C. §1983. D. Grant plaintiff an award of back pay and interest in the amounts she
5

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 6 of 7
would have earned from the date of her termination to and including the date of defendant’s offer of re-employment, but for defendant’s unlawful discrimination and retaliation complained of herein.
E. Grant plaintiff front pay of wages in an amount equal to the pay or wages she would be earning after judgment, but for defendant’s unlawful discrimination and retaliation complained of herein, but for the delays she will encounter in reacher her rightful place because of any equitable considerations.
F. Grant plaintiff an award of compensatory damages in an amount the Court or jury finds proper.
G. Grant plaintiff her costs in this action, including an award of reasonable attorneys’ fees and expenses, under authority of 42 U.S.C. §1988 and 42 U.S.C. §2000e-5(k).
H. Grant plaintiff such other and equitable relief as the Court may deem just and proper to make plaintiff whole.
Respectfully submitted this 6th day of April, 2005. Stein, Brewster & Pilcher, L.L.C. 205 N. Conception Street Post Office Box 1051 Mobile, Alabama 36633-1051 Telephone: (251) 433-2002 Facsimile: (251) 432-7756
6

Case 1:05-cv-00125-WS-L Document 3 Filed 04/06/2005 Page 7 of 7
By: S/Gregory B. Stein Gregory B. Stein (STEIG1107) gstein@steinandbrewster.com Mary E. Pilcher (PILCM2436) mpilcher@steinandbrewster.com
JURY DEMAND Plaintiff respectfully demands trial by jury on all claims triable by jury.
S/Gregory B. Stein Attorney for plaintiff
\\Server\Jennifer\Greg Stein\Hooks, Betty Jo\Pleadings\02102.005.comp7laint.wpd

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

UNITED STATES OF AMERICA, :

Plaintiff,

:

vs.

:

ESCAMBIA COUNTY BOARD OF

EDUCATION,

:

CA 05-0125-WS-C

Defendant.

ORDER

This matter is be fore the Court on the m otion to com pel filed by

plaintiff-intervenor Betty J. Hooks (Doc. 44) and the response of the defendant

(Doc. 49). This order is entered pursuant to 28 U.S.C. § 636(b)(1)(A) a nd

Local Rule 72.2(c)(1). Upon consideration of the foregoing ple adings, and

attachments, the Court GRANTS the motion to compel (Doc. 44).

A. Plaintiff-Intervenor’s First Discovery Request to Defendant .

On July 29, 2005, plaintiff-intervenor served her first discovery request on the

defendant. (Doc. 44, Plaintiff-Intervenor’s First Discovery Request to

Defendant Escambia County Board of Education) Items four and five of that

request read as follows:

4. Please produce each docum ent (including correspondence, affidavits, statements, and all other writings)

you provided to the Equal Em

ployment Opportunity

Commission in response to or in connection with the charge of

discrimination filed by plaintiff-intervenor Betty J. Hooks,

charge number 130 A3 0347.

5. Please produce each docum ent (including correspondence, affidavits, statements, and all other writings) you provided to the United States Departm ent of Justice in response to or in connection with the charge of discrim ination filed by plaintiff-intervenor Betty J. Hooks, charge number 130 A3 0347.

(Id. at ¶¶ 4-5) Defendant produced to the plaintiff-intervenor certain

documents it produced to the EEOC and the Department of Justice. (Doc. 44,

at 3) However, counsel for plaintiff-interve nor indicated in a letter to

defendant’s counsel, dated November 15, 2005, that not all such docum ents

had been supplied to Hooks. (Doc. 44, Novem ber 15, 2005 Correspondence

from Gregory B. Stein, Esquire to Clay R. Carr, Esquire)

I have your supplem ental responses to [plaintiff-intervenor’s first] discovery request, dated November 10. It is not clear to me from your supplemental responses whether you have withheld any document (other than the letter f rom Susan Reeves to Herbert Payne) in response to the two item s which request copies of documents defendant provided to the EEOC and to the Department of Justice. For exam ple, I do not have docum ents one would reasonably expect, such as a respondent’s ‘position statement’ to the EEOC. If you have withheld such a document, please produce a ‘privilege log’ with respect to each document. If you have not withheld any docum ents which went to the EEOC or the DOJ, simply tell me that as well.

(Id.)

2

In response to the motion to compel further production of documents submitted to the EEOC or the Department of Justice, counsel for the defendant has stated that she “is in the process of determ ining if there are other documents (in addition to the documents already produced) in the possession of either the undersigned or the defendant that are responsive to this specific request.” (Doc. 49, at 2)
Given the nature of the defendant’s response, the CourtGRANTS the plaintiff-intervenor’s motion to com pel further production of docum ents submitted to the EEOC and Departm ent of Justice by the Esc ambia County Board of Education. This supplemental production is ORDERED to be made on of before March 28, 2006.
B. Plaintiff-Intervenor’s Second Discovery Request. On October 28, 2005, Hooks served upon defendant her second discovery request which asked for production of certain docum ents and propounded c ertain interrogatories.1 (Doc. 44, Plaintiff-Intervenor’s Second Discovery Request)

1

Specifically, Hooks asked the defendant to identify every instance where sexual

harassment occurred or where a complaint of sexual harassment was received involving a student

or employee of Escambia County Middle School during the time Herbert Payne was principal of

that school and the specific identities of those suffering the sexual harassment. (Doc. 44,

Plaintiff-Intervenor’s Second Discovery Request) She also asked for the personnel file of Victor

Payne and the names, addresses and telephone numbers of each person employed at Escambia

County Middle School during the school years 1999-2000, 2000-2001, and 2001-2002. (Id.)

3

The defendant made the following response to this discovery request:
B. The plaintiff-intervenor has requested information concerning sexual harassm ent complaints made for alleged sexual harassment which occurred during the time that Herbert Payne served as principal of Escambia County Middle School. The defendant asserts that two allegations of sexual harassment were made for the time period during which Herbert Payne was principal. Those allegations were made against employees Paul Ikner and Victor Payne. The allegation against Victor Payne was made by a student. The documents concerning these allegations that have not already been produced are attached hereto and are numbered 1-73. These documents are inclusive of the documents that are responsive to Plaintiff-Intervenor’s Request Number 2 which seeks the production of the personnel file of Victor L. Payne.
C. Documents responsive to Plaintiff-Intervenor’s Request Number 3 are attached hereto and numbered 75-78.
(Doc. 44, Defendant’s Response to Plaintiff-Intervenor’s Second Discovery
Request)
In the motion to compel, it is Hooks’ contention that these responses
were much too general and that they were not signed under oath. (Doc. 44, at
2) In response to the motion to compel, defendant states the following: “Mr.
[Herbert] Payne has . . . retired from his employment with the Defendant. As
such, the defendant had difficulty obtaining inform ation from Mr. Payne to
respond to the plaintiff-intervenor’s discovery. Nevertheless, the defendant
responded to the plaintiff-intervenor’s requests with the information it
4

had at the time. Since the time of the filing of the defendant’s responses, the defendant has had difficulty in obtaini ng the requisite signature, under oath, required for interrogatory responses. . . . [T]he undersigned expects to obtain said signature under oathwithin the next 7 days[.]” (Doc. 49, at 1-2)
The defendant’s response to the motion to compel satisfies this Court that the defendant has obtained, or will soon obtain, further infor mation in response to plaintiff-intervenor’s second discovery request. Accordingly, the motion to compel, in this regard, isGRANTED and defendant isORDERED to supply executed interrogatory responses to those interrogatories propounded by the plaintiff-intervenor in her second discovery request on or beforMe arch 28, 2006. The responses should specifically track the propounded interrogatories.
C. Defendant’s Initial Discovery Disclosures . Finally, in the motion to compel, plaintiff-intervenor avers that “[p]ursuant to Rule 26(a)(1) [the] defendant identified [] insurance agreement[s] within the parameters of Rule 26(a)(1)(D), saying, ‘Insurance agreements which may be applicable to the claims in this case will be made available for inspection at a time and place neutrally agreeable to all counsel of record.’” (Doc. 44, at 4) However,
5

plaintiff-intervenor, to date, has not received copies of these insurance agreements (Doc. 44), a fact agreed to by the defendant (Doc. 49, at 2 (“The defendant asserts that the plaintiff-intervenor has not previously attempted to reach an agreement with the undersigned about the production of insurance agreements. . . . [T]he defendant’s failure to provide a copy of same has been a mere oversight, and will be rectified within seven days.”)).
In light of the foregoing, the motion to compel production of insurance agreements from the defendant is GRANTED and defendant is ORDERED to produce a copy of those agreements to counsel for the plaintiff-intervenor not later than March 28, 2006.
CONCLUSION The motion to compel filed by plaintiff-intervenor Betty J. Hooks (Doc. 44) is GRANTED IN ITS ENTIRETY. DONE and ORDERED this the 21st day of March, 2006.
s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE
6

 
 IN 'fHE UNll~ED STATES DISTRICT COURT SOUTliERN DISTRICT OF ALABAl\fA SOU'THERN DI\,'lSION

UNITED STATES OF AMERI(~A,

)

)

Plaintiff,

)

)

BETT\r J. HOOKS,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

ESCMtBIA COUNTY BOARD OF )

EDUCATION,

)

)

Defendant.

)

Civil Action No. 1:OS-cv-OO125-\VS...C

CONSENT DECREE
This action \vas brought by The United States of America C4Plaintiff') against the
Escambia County Board ofEducation ("Board" or "Defendant'), al1eging violations ofTitle \.TII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seg., as anlcnded (HTitle VII"). On April 6, 2005, Betty J~ Hooks ("Plaintiff-Intervenor") filed a Motion to Intervene and Complaint in Intervention. On June 3t 2005, the Court granted Hooks' Motion and directed that her Complaint in Intervention be docketed. Both the Plaintiff and the PlaintiffIntervenor allege that Ms. Hooks, a fentale fonnerly employed as a custodian at Escambia County Middle SchooJ~ was discriminated against because of her sex by being subjected to a sexually hostile \vork environment in violation ofTitle \TIl, and retaliated against because she complained ofthe harassment, also in violation ofTitle VII. This Court has jurisdiction

of the action under 42 U.S.C. § 2000e-5(f)(3), 28 tJ.S.C. § 1343 and 28 {J.S.C. § 1345.
The parties, desiring to appropriately settle this action, agree to the jurisdiction ofthis Court over them and the subject matter ofthis action, and hereby \\raive the entry of findings
of fact and conclusions of la\\r. The parties accept this Consent Decree ("Decree") as final on the issues it resolves. This Decree shaH not constitute an admission, adjudication or finding on the merits ofthis action, and the Esc81nbia County Board ofEducation denies that
any unlawful discrimination has occurred. In resolution of this action, the parties hereby AGREE and the Court expressly
APPROVES, ENTERS and ORDERS the fol1owing: I.. DEFINITIONS AND PARTIES
I. The parties to this Decree are the United States ofAmerica, BettyJ. Hooks, and the Escambia County Board of Education.
2. The terms "supervisor" and "administratorH include all employees ofthe Board \vho manage, supervise, or have authority to affect the hiring, firing, discipline, assignments,
or pay rates ofemployees of the Escambia County Board ofEducation, and aU persons \vho
establish policies or procedures for the Escambia County Board of Education.. 3. The Equal Employment Opportunity Commission is referred to hereinafter as
HEEOC."
4. TitleVn ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et
seg., is referred to hereinafter as "Title VII.'1'1 5. uSexual harassment'; is any act that \vould be prohibited under Title VlI'-s
2

prohibitions against gender dise-rinlination such as un\velcome sex.ual advances, requests for

sexual favors, verbal, physical or other conduct of a sexual nature, or acts of animosity or

hostility based on sex (\vhether or not sexual in nature), any of \\lhich creates or tends to

create a hosti1e work environment based on sex for an employee of the Escambia County

Board of Education.

6. "'Day" or ~~days" refers to calendar and not business days.

7. "Date of entry of this Decree" refers to the date that the Court orders entry of

the Decree.

II. PURPOSES OF THIS DECREE

8. The purposes of this Decree are to ensure that:

a. employees of the Escambia County Board of Education are not subjected to

sexual harassment in violation ofTide VII;

h. employees of the Escambia County Board of Education are not retaHated

against in violation of Title VII;

an c.

complaints of sexual harassment made by Escambia County Board of

Education employees are investigated fairly andpromptly~ and that the Board

takes appropriate remedial action when it, through its responsible deciding

officia1(s), determines that the complaints are wen-founded;

d. the Board maintains a clear, meaningful and well-publicized policy prohibiting

sexual harassment and prohibiting retaliation in all facilities, including all

3

schools, of the Escambia County Board of Education; e. the Board designates a supervisory employee of the Escambia County Board
of Education \vho shall oversee the receipt and investigation of complaints of sexual harassment, and \vho has no dual role as legal counsel for the board regarding clainlS of employment discrimination, or any other conflict of interest; f. the Board provides adequate training to Escambia County Board ofEducation employees, and to al1 Escalnbia County Board of Education supervisors, administrators or officials responsible for making determinations regarding complaints of sexual harassment, with regard to \vorkplace sexual harassm.ent prohibited by Title VII, as provided for below; and g. the Board offers tvls. Hooks appropriate individual relief.
III. SCOPE OF DECREE 9. This Decree resolves aHlegal and equitable claims arising out ofthe Complaint and the Complaint in Intervention fi]ed in the above-captioned civil action and EEOC Charge Number 130-2003-00347"
IV. SPECIFIC RELIEF 10. The parties agree to do the fol1o\\fing: a. the Board agrees to offer Ms. Hooks, a monetary award of $165,000.00, of
which $45,000.00 win be attributed to back pay, S58,OOO.OOwilJ be attributed
4

to compensatory damages and $62,000.00 will be attributed to attorneys' fees and costs, which by her signature and that of her attorney to this Consent
Decree, and her signature to the Release that accompanies this Consent Decree, Ms. Hooks has agreed to accept. b.Ms. Hooks, by her signature and that of her attorney to this Decree, affirms
that she does not presently desire a position with the Board. Accordingly, the Board is not required to offer Ms. Hooks reinstatenlent relief. c. ifMs. Hooks applies for employment with the Board in the future, she will be given fair and objective consideration. The Board will not subject Ms. Hooks to discrimination because of her sex, or retaliate against her.
d. the Board \vill not provide negative employmen.t referenc-es for Ms. Hooks to any future prospective employer that inquires about her past employment with the Escambia Coun.ty Board ofEducation, nor will it refer in any way to Ms.
Hooks' filing of complaints or charges of sexual harassment or this lawsuit when comnlunicating with prospective employers seeking a reference for Ms. Hooks. In order to ensure that Ms. Hooks does not receive negative employment references, the Board will: 1. remove from Ms. Hooks' personnel files any and all documents that
refer to any internal complaints of sexual harassment made by Ms. Hooks during her employment \vith the Board, the charge of
5

discrimination filed by Ms. HOflks \vith the EEOC (Charge No. 130-
2003-00347), the United States' investigation ofMs. Hooks' charge of discrimination, and this lawsuit; and
an 11. instruct ofMs. Hooks' fomler supervisors who are incumbent Board
employees that they nlay not give out emploYIl1ent references for Ms.
Hooks, but \vill direct the inquiring entity(s) or person(s) to the Board~s Department of Human Resources. If a reference is requested by a prospective employer, the Board win confirm the length ofMs. Hooks' employment, the positions she held during her employment with the
Escambia County Board of Education, and her past wage history.
1L The Board will pay the monetary a\vard specified in paragraph 10(a), supra, in tbe following manner:
a. The Board will pay toMs. Hooks, in care of her attorney, the sum of
$103,000,,00 in two equal installments. The first installment is to be paid on or before September 10, 2006. The second installment is to be paid no earlier than January 1, 2007, and no later than January 15, 2007. Each insta1bnent shaH include $29~OOO.OO (one-half of the plaintiff-intervenor~s compensatory damages) plus a gross anlount of $22,500.00 (one...halfofthe plaintiffs back pay). The gross back pay amountw'iH be reduced by appropriate wage
\vithholdings to be made by the Board ofEducation. The Board will also issue
6

to ~1s. Hooks the appropriate IRS forms that reflect the tTIonetary amounts. b. The Board \\rill pay $62~OOO.OO to Stein, Brc\fvster and Pilcher in complete
satisfaction of Ms. Hooks' claim for attorney's fees and expenses in this action. Said payment shaH be made on or before September 10,2006.
\'. GENERAI.J INJUNCTIVE RELIEF
12. The Escambia County Board of Education, and all employees, supervisors, agents, and individuals in active concert or participation "lith them are enjoined from:
a. subjecting any employee ofthe Escambia County Board ofEducation to sexual
harassment; b. retaliating against any employee ofthe Escambia County Board ofEducation
for complaining of sexual harassment; c. creating, facilitating, or tolerating sexual harassment or a hostile \\lork
environment based on sex with regard to any employee of the Escambia County Board of Education.
\'1. POSTING AND DISSEMINATION OF SEXUAL HARASSMENT POLICY 13. The Board states that it has revised its sexual harassment policy and no\,v
requires its employees to sign a dec.laration stating that they have reviewed a copy of the policy and understand.
14. Within ninety (90) days after the date of entry of this Decree, the Board, through a designated supervisory employee, shall insure that every current employee of the
7

Board has signed such a declaration. The Board shall ensure that all future employees sign such a dec,laration within fifteen (15) days of such employees' hire.
15. The Board shall post its sexual harassment policy in prominent, conspicuous, centraHy-located places commonly used for posting notic·es (e.g., buHetin boards) in all
Escambia County Board of Education buildings and administrative offices. The Board shan
designate one supervisory employee at each facility of the Board who is responsible for taking reasonable action to ensure that these documents remain posted, that they are not defaced or altered in any fashion, and ifthey are defaced or altered in any fashion, that they are immediately replaced.
VII. I'RAINING 16. The Board states that it provides aU employees, supervisors, adnlinistratorsand
officials with training in personnel policies at the beginning of each school year. As part of this annual training schedule, the Board shall provide mandatory training regarding sexual haraSslnent to all Escambia County Board of Education employees!, and to aU Escambia County Board of Education supervisors, administrators or officials responsible for making
determinations regarding complaints ofsexual harassment made by Escambia County Board
of Education employees. This training shan be conducted by a person or entity of the Board"s choosing. The Board shall identify this person or entity to the United States no less
than forty-five (45) days before the date of the mandatory training. The Board shaH take all reasonable actions to ensure attendance by its employees at the training sessions. The United
8

States reserves the right to require the Board to prov~de additiona1 training to emp10yees of the Escambia County Board ofEducation should it detennine that such training is \varranted, or that the training provided fails to comply \vith the provisions ofthis Decree.
17. The Board \vill include a unit on sexual harassment as part of its regular, ongoing in-service training of all Escambia County Board of Education employees.
18. All employees of the Escambia County Board of Education will be asked by
the Board or its designated representative to sign and date an ackno\vledgmcnt ofattendance
an for any and training instituted pursuant to this Decree.
\'III.E\'A,LlTATION OF EMPLOYEES 19. \Vithin sixty (60) days after the date of entry of this Decree, the Board shall
adopt~ as a criterion for evaluating the perfonnance of a11 employees who have supervisory or managerial authority over other elnployees of the EscRlnbia County Board of Education, a factor that takes into account those individuals' a\vareness of and compliance with the Board's sexual harassment policy.
IX. PROCEDURES FOR ACCEPTANCE AND INVESTIGATION
OF COMPLAINTS OF SEXUAL HARASSMENT 20. Within thirty (30) days after the date of entry of this Decree, the Escambia County Board ofEducation shall designate a Board Equal Employment Opportunity Officer ("EED Officer") and an alternative Board employee C'Altemative EED Officer") (collectively) the ~'EEO Officers'~) (or other similarly-titled employees) who are authorized to receive and investigate complaints ofsexual harassment by enlployees, either directly from
9

the employees themselves or via the emp]oyees; supervisors or other officials, as provided
by the Boardts Sexual Harassment Policy. The EEO Officers shall investigate a11 complaints
of sexual harassment received by them and shall recommend appropriate action pursuant to the Boardts Sexual Harassment Policy \vithin twenty (20) business days of receipt of the initial complaint. The EEO Officers shall keep "vritten records of aU such complaints and their responses thereto. The EEO Officers shaH maintain neutral roles and must remain free of conflicts of interest.
21. Within fifteen (15) days ofthe entry ofthis Consent Decree or ofthe date upon \vhich the Board designates the Board EEO Officer and Alternative EEO Officer (\vhicbever occurs later), the Board shall inform employees offhe Escambia County Board ofEducation in \\'riting of the name and contact information of the designated EEO Officers.
22. At least one of the EEO Officers shall be present at each training session required pursuant to paragraph 16, supra. At least one of the EEO Officers also shall be present at the presentation of the unit on sexual harassnlent during the in-service training required pursuant to paragraph 17, supra. The names and phone numbers of both EEO Officers shall be distributed in writing to employees of the Escambia County Board of Education during each ofthose training sessions.
X. COMPLIANCE MONITORING 23. For a period oft\\lenty four (24) months after the effective date ofthis Decree, the Board wiU issue quarterly reports to the United States regarding any complaint ofsexual
to

harassment tnade by an employee of the Escambia County Board of Education. The first
report will be due ninety (90) days after the effective date of this Decree, with a report due every ninety (90) days thereaftc-r until the dissolution ofthis Decree. In the report~ the Board
will provide copies ofthe complaint, the date of receipt and nature ofthe conlplaint, and the
findings and outcome of the investigation and any actions taken as a result ofsuch findings.
A,bsent extenuating circumstances, which must be explained in the report, aU investigations of complaints of sexual harassment made by an employee of the Escambia County Board of Education must be completed within hventy (20) days of the receipt of the comp1aint~
24. During the tenn ofthis Decree, the Board shall retain all documents, in paper
or electronic fonn (including electronic mail), that come into its possession relating to complaints of sexual harassment from an employee or fortner eropJoyee of the Escambia
County Board of Education, and all documents relating to the training required pursuant to
this Decree.
25. The United States may review compliance with this Decree at any time,
although no such review shall occur \vithin forty-five (45) days of any prior review. The
Board shall provide copies ofdocuments relevant to its compliance with this Decree upon the request of the United States within fourteen (14) days of such a request by the United
States, including but not limited to the documents described in paragraph 24~ supra, and the
United States shall pay the reasonable costs ofmaking such copies. The Board shall not be required to provide any documents that are or may be protected by the attorney-client privilege, the attorney \vork product privilege, or any other applicable priviJeges. If the
II

United States believes that this Decree or any portion of it has been violated, it \vill raise its
concerns \vith the Board pursuant to the dispute resolution procedure set forth in paragraph
26, infra. XI. DISPUTE RESOLUTION
26. The parties shall attempt to resolve informally any dispute that arises under this Decree. The Board \\fill be given at least t\venty-onc (21) days to cure any alleged breach of this Decree before the United States moves the Court for a resolution of the issue.
XII. MODIFICATION OF THE DECREE 27. The parties mayjointly agree to nlodifications ofthis Decree \vith the approval of the Court.
XIII. JURISDICTION OF THE COURT 28. The Court shaH maintain jurisdiction over this case throughout the duration of this Decree for the purpose ofresolving any disputes bet\veen the parties \vith respect to the tenns or inlpJementation of the Decree.
XIV. TERMINATION DATE 29. This Decree wi]] expire without further order of the Court twenty-four (24) months after the effective date of the Decree.
xv. GENERAL PROVISIONS
30. Except as specificany provided in Paragraphs 10 and 11 suprtl, all parties shaH bear their o",rn costs, expenses, and attorney's fees in this action, including the costs of compliance or monitoring, exc,ept that the parties shall retain the right to seek costs for any
12

matter \vhich, in the future, may arise from this Decree and require resolution by this Court.
31. All documents required to be delivered under this Decree to the United States
shall be scnt to the follo\ving address:
Chief, Employment Litigation Section lJnited States Departnlent ofJustice Civil Rights Division, PHB Rootn 4040 950PennsyJvania Avenue, N.Vl. Washington, D+C. 20530
:[:~i~::~f:;atiOn:
Mark S. B~~-··-·- - -
Alicia Fritz Bennett BOARDMAN, CARR & HUTCHESON, P.C. 400 Boardman Drive Chelsea, Alabama 35043-8211 (205) 678-8000
D(a2te 0. ~ 5)~~:~. 'Z ZOO(P t

Gregory B. In STEIN, BREWS 205 N. Conceptio treet Post Office Box 1051 Mobile, Alabama 36633-1051 (251) 433-2002 (251) 432-7756 (fax)
<P Dated: II lI~~/Sr ~ 2.J:;;O

_~___

13

For the United States Department of Justice: \VANJ. KIM
.1 /__ Assistant Attorney General
::~:]d;Zo ~

DA . 1D J. PALMER

Chief

ROBERT L. GALBREATH

LESLIE 1\1. GARDNER

Attonleys

Employment Litigation Section

Civil Rights Division

a?' U.S. D
Dated:

c~. &...r ....Pen. at.of.JJU.S~. t.i.c..e

f

United States District Judge

IT IS SO ORDERED
Dated: </14/0/0

14

APPENDIX A
RELEASE OF ALL CLAIMS
For and in consideration of the acceptance of the relief being offered to me by the
Escambia County Board ofEdueation (the "'Board"), pursuant to the provisions ofthe Consent Decree that has been submitted for entry by the Honorable William H", Steele, United States District Judge, in United States and Betty J.Hooks v.Escanlbia
County Board QfEducation, Civil Action No. 05-0125-WS-C (S.D. Ala.), including a monetary award of $165,000.00. I, Betty J. Hooks~ forever release and discharge
the Board and all current, fonner and future agents, employees, officials, designees, predecessors, and successors in interest of the Board from all legal and equitable claims, arising out ofthe Conlplaint and Complaint in Intervention filed in the above-
captioned civil action and EEOC Charge Number 130·2003..00347, that have accrued
prior to the date of this release. I further agree that I will not institute another civil
action alleging employment discrimination on the basis of EEOC Charge Number 130..2003..00347, or any other EEOC charges filed against the Board before the date ofthis release.
I understand that the relief to be given to me, including the payment to me of any fllonetary amount, does not constitute an admission by the Board of the validity of any claim raised byrne or on my behalf.
This release constitutes the entire agreement between the Board and me without exception or exclusion.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this ~ day of----..;,4--:..4...:...j-l-·\.(..:....s..c;.Jt~_~_~, 2006.
ppendix A to Consent Decree 05-cv-OOI25-\VS*C Page 1 of 2

STATE OF ALABAMA)

MDbt'l~

) COUNT\T)

I, the undersigned, a Notary Public in and for said County in said State, hereby certify that Betty J .. Hooks, \¥hose name is signed to the foregoing instrument, and
who is known to nle, acknowledged before me on this day that, being informed ofthe contents of the instrument~ she executed the same voluntarily on the day the sanle
bears date.
Given under my hand this '1~ dayof~A.:;..:;uq:::t-=u:.::¥J-.:...I-_________.
2006.

Public

.....:&!,., ~.....

. .• •'.II.d••••r .......

MY .

commission expires~""'H'O'f"""': ~""IIU

Appendix A to Consent Decree 05-cv-00125-WS-C
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CLOSED2006, SCHEDO
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:05-cv-00125-WS-C

United States of America v. Escambia County Board of Education Assigned to: Judge William H. Steele Referred to: Magistrate Judge William E. Cassady Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 03/01/2005 Date Terminated: 08/14/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Robert Lee Galbreath 950 Pennsylvania Ave., N.W. Washington, DC 20530 202-353-9731 Email: robert.galbreath@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Betty J. Hooks

Charles Baer U.S. Attorney's Office 63 S. Royal St., Rm. 600 Mobile, AL 36602 (251) 441-5845 Fax: 2514415051 Email: Charles.Baer@usdoj.gov ATTORNEY TO BE NOTICED
represented by Gregory B. Stein Stein, Brewster & Pilcher, LLC P.O. Box 1051 Mobile, AL 36633 (334) 433-2002 Fax: 2514327756 Email: gstein@steinandbrewster.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Escambia County Board of Education

represented by Alicia Fritz Bennett Boardman, Carr & Hutcheson, P.C. 400 Boardman Dr. Chelsea, AL 35043-8211

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Intervenor Defendant Escambia County Board of Education

(205)678-8000 Email: abennett@boardmancarr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark S. Boardman Boardman, Carr & Hutcheson, P.C. 400 Boardman Dr. Chelsea, AL 35043-8211 (205)678-8000 Fax: 2056780000 Email: mboardman@boardmancarr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clay Richard Carr Boardman, Carr, Weed & Hutcheson, P.C. 400 Boardman Dr. Chelsea, AL 35043-8211 (205)678-8000 Fax: 205-678-0000 Email: crcarr@bcwhlaw.com ATTORNEY TO BE NOTICED
represented by Alicia Fritz Bennett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark S. Boardman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clay Richard Carr (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/01/2005 03/18/2005

#

Docket Text

1 COMPLAINT against Escambia County Board of Education filed by United States of America.(Galbreath, Robert) Civil Cover Sheet added as attachment on 3/1/2005 (tgw). (Entered: 03/01/2005)
2 Service Order entered 3/18/2005. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 5/2/2005. Signed by Judge William H. Steele on 3/18/05. Copy to Pltf.(mpp) (Entered: 03/18/2005)

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04/06/2005 04/06/2005 04/07/2005 04/07/2005 04/20/2005 05/06/2005 05/09/2005
06/03/2005
06/03/2005 07/05/2005
07/14/2005
07/14/2005 07/15/2005 07/15/2005 07/15/2005

3 PROPOSED Intervenor COMPLAINT, filed by Betty J. Hooks.(Stein, Gregory) Modified docket text on 4/11/2005 (mpp). (Entered: 04/06/2005)
4 MOTION to Intervene by Betty J. Hooks. (Stein, Gregory) (Entered: 04/06/2005)
REFERRAL OF 4 MOTION to Intervene to Judge Steele. (tgw, ) (Entered: 04/07/2005)
REFERRAL OF 3 Intervenor Complaint to Judge Steele. (tgw, ) (Entered: 04/07/2005)
5 NOTICE by United States of America of Service Attempt (Galbreath, Robert) (Entered: 04/20/2005)
6 WAIVER OF SERVICE Returned Executed by United States of America. Escambia County Board of Education waiver sent on 4/5/2005, answer due 6/6/2005. (Galbreath, Robert) (Entered: 05/06/2005)
7 Order re: 4 MOTION to Intervene filed by Betty J. Hooks. Responses due by 5/20/2005 for 4, Replies due by 5/27/2005 for 4. The motion will be taken under submission on 5/27/05. Signed by Judge William H. Steele on 5/9/05. Copy mailed to Alicia F. Bennett, Esq. as ordered(tgw) (Entered: 05/10/2005)
8 ORDER stating the Court finds that Hooks' request for intervention is proper,therefore GRANTING the 4 Motion to Intervene, and the Clerk's Office is directed to docket the proposed Intervenor's Complaint (doc. 3) as the operative complaint in intervention in this action. Signed by Judge William H. Steele on 6/3/05. Copies to parties.(mpp) (Entered: 06/03/2005)
9 Intervenor COMPLAINT filed by Betty J. Hooks.(mpp) (Entered: 06/03/2005)
10 ORDER TO SHOW CAUSE: The plaintiff and plaintiff-intervenor are ordered to show cause by 7/15/05 why they have not sought entry of default and default judgment against defendant Escambia for noncompliance with Rule 12. Show Cause Response due by 7/15/2005. Signed by Judge William H. Steele on 7/5/05. Copy of order mailed to Alicia F. Bennett as ordered.(tgw) (Entered: 07/06/2005)
11 Defendant's ANSWER to Complaint Filed by United States, Defendant's ANSWER to Intervenor Complaint Filed by Betty J. Hooks by Escambia County Board of Education, Escambia County Board of Education.(Boardman, Mark) (Entered: 07/14/2005)
12 NOTICE of Appearance by Alicia Fritz Bennett on behalf of Escambia County Board of Education, Escambia County Board of Education (Bennett, Alicia) (Entered: 07/14/2005)
13 RESPONSE TO ORDER re: 10 Order to Show Cause, by Betty J. Hooks filed by Betty J. Hooks. (Stein, Gregory) (Entered: 07/15/2005)
14 RESPONSE TO ORDER TO SHOW CAUSE re: 10 Order to Show Cause, filed by United States of America. (Galbreath, Robert) (Entered: 07/15/2005)
REFERRAL OF 14 Response to Order to Show Cause & 13 Response to Order to Judge Steele. (mpp) (Entered: 07/15/2005)

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07/15/2005 07/18/2005 07/18/2005 07/29/2005 07/29/2005 07/29/2005 08/05/2005
08/09/2005 08/09/2005 08/11/2005
08/18/2005 08/18/2005 09/22/2005 09/28/2005 09/29/2005

15 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 8/29/2005. Signed by Judge Kristi D. Lee on 7/15/05. Copies to parties.(mpp) (Entered: 07/15/2005)
16 Document endorsed NOTED by Judge William H. Steele : Response to Order to Show Cause 13 filed by Betty J. Hooks. (Steele, William) (Entered: 07/18/2005)
17 Document endorsed NOTED by Judge William H. Steele : Response to Order to Show Cause 14 filed by United States of America. (Steele, William) (Entered: 07/18/2005)
18 REPORT of Rule 26(f) Planning Meeting. (Stein, Gregory) (Entered: 07/29/2005)
REFERRAL OF 18 Report of Rule 26(f) Planning Meeting to Judge DuBose. (mpp) (Entered: 07/29/2005)
19 Notice of Filing filed by Betty J. Hooks.(Stein, Gregory) (Entered: 07/29/2005)
20 SCHEDULING ORDER: Pretrial Conference set for 7/11/2006 at 9:30 AM in Courtroom 2A before Judge William H. Steele. Amended Pleadings due by 1/13/2006. Discovery cutoff 4/3/2006. Motions due by 4/17/2006. Jury Selection set for 8/1/2006 at 9:00 AM in Courtroom 2A before Judge William H. Steele. Position Regarding Settlement due by 4/3/2006. Signed by Judge Kristi K. DuBose on 8/4/05. (Attachments: # 1 Standing Pretrial Order)Copies to parties 8/8/05.(mpp) (Entered: 08/08/2005)
21 MOTION to Amend Scheduling Order by Betty J. Hooks. (Stein, Gregory) (Entered: 08/09/2005)
REFERRAL OF 21 MOTION to Amend Scheduling Order to Judge Dubose. (tgw) (Entered: 08/09/2005)
22 AMENDED SCHEDULING ORDER entered. The 21 Motion to Amend Scheduling Order is GRANTED. Reports from retained experts under Rule 26(a)(2)(B) shall be produced by the parties on or before January 17, 2006. Rebuttal reports shall be produced on or before February 17, 2006. All other deadlines set forth in the Rule 16(b) Scheduling Order (Doc. 20) remain in effect. Signed by Judge Kristi K. DuBose on 8/11/05. (tgw) (Entered: 08/11/2005)
23 Notice of Filing Discovery filed by Betty J. Hooks.(Stein, Gregory) Modified on 8/18/2005 (tgw, ). (Entered: 08/18/2005)
24 NOTICE by United States of America Notice of Filing (Galbreath, Robert) (Entered: 08/18/2005)
25 NOTICE of Appearance by Clay Richard Carr on behalf of Escambia County Board of Education, Escambia County Board of Education (Carr, Clay) (Entered: 09/22/2005)
26 MOTION for Protective Order by Escambia County Board of Education. (Attachments: # 1 Exhibit Protective Order)(Carr, Clay) (Entered: 09/28/2005)
REFERRAL OF 26 MOTION for Protective Order to Judge DuBose. (tgw) (Entered: 09/29/2005)

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09/30/2005
10/28/2005 11/14/2005 11/17/2005 11/22/2005 11/22/2005 11/22/2005 11/29/2005 12/04/2005 12/05/2005 12/06/2005 12/06/2005 12/14/2005
12/27/2005
02/20/2006 02/22/2006

27 ORDER granting 26 Motion for Protective Order stating the Defendant is to produce the personnel files sought by the Plaintiff-Intervenor subject to the conditions set out in items numbered 1 thru 8. Signed by Judge Kristi K. DuBose on 9/29/05. Copies to parties 9/30/05. (mpp) (Entered: 09/30/2005)
28 Notice of Filing filed by Betty J. Hooks.(Stein, Gregory) (Entered: 10/28/2005)
29 NOTICE by Escambia County Board of Education of Filing Objection (Carr, Clay) (Entered: 11/14/2005)
30 NOTICE by United States of America First Document Request (Galbreath, Robert) (Entered: 11/17/2005)
31 MOTION to Compel Discovery by Betty J. Hooks. (Attachments: # 1 # 2)(Stein, Gregory) Modified on 11/22/2005 (tgw). (Entered: 11/22/2005)
32 Brief re 31 MOTION. (Stein, Gregory) (Entered: 11/22/2005)
REFERRAL OF 31 MOTION to Compel Discovery to Judge DuBose. (tgw, ) (Entered: 11/22/2005)
33 Order re: 31 MOTION to Compel filed by Betty J. Hooks. Responses due by 12/6/2005 for 31. Signed by Judge Kristi K. DuBose on 11/29/05. (tgw) (Entered: 11/29/2005)
34 Memorandum in Opposition re 31 MOTION to Compel filed by Escambia County Board of Education, Escambia County Board of Education. (Carr, Clay) (Entered: 12/04/2005)
REFERRAL OF 34 Memorandum in Opposition to Motion to Compel to Judge DuBose. (mpp) (Entered: 12/05/2005)
35 REPLY to 34 Memorandum in Opposition filed by Betty J. Hooks. (Stein, Gregory) (Entered: 12/06/2005)
REFERRAL OF 35 Reply to Response to Motion to Compel to Judge DuBose. (tgw, ) (Entered: 12/06/2005)
36 PROTECTIVE ORDER ENTERED. The 31 MOTION to Compel filed by Betty J. Hooks is MOOT because the parties have agreed upon the provisions set out herein exceptfor paragraph I.7. Signed by Judge Kristi K. DuBose on 12/14/05. (tgw) (Entered: 12/14/2005)
37 This action has been transferred from the docket of Magistrate Judge Kristi K. DuBose and is now assigned to the docket of Magistrate Judge William E. Cassady. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-C after the case number on all future pleadings. (tgw) (Entered: 12/27/2005)
38 Notice of Filing Notices of Depositions filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/20/2006)
39 Notice of Filing Plaintiff-Intervenor's Second Requests for Admissions to Defendant Escambia County Board of Education filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/22/2006)

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02/23/2006 02/23/2006 02/28/2006 03/06/2006 03/08/2006 03/08/2006 03/08/2006 03/09/2006
03/13/2006 03/13/2006 03/18/2006
03/20/2006
03/20/2006 03/21/2006 03/28/2006 04/03/2006

40 NOTICE of Appearance by Charles Baer on behalf of United States of America (Baer, Charles) (Entered: 02/23/2006)
41 Notice of Filing Subpoena of June Mabry filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/23/2006)
42 Notice of Filing First Set of Interrogatories and Second Request to Produce Documents filed by United States of America.(Galbreath, Robert) (Entered: 02/28/2006)
43 Notice of Filing Responses to Plaintiff's First Discovery Request filed by Escambia County Board of Education.(Bennett, Alicia) (Entered: 03/06/2006)
44 MOTION to Compel by Betty J. Hooks. (Attachments: # 1 # 2 # 3 # 4)(Stein, Gregory) (Entered: 03/08/2006)
REFERRAL OF 44 MOTION to Compel to Judge Cassady. (tgw, ) (Entered: 03/08/2006)
45 NOTICE by Escambia County Board of Education of Service of Defendant's Supplemental Responses to Plaintiff's First Discovery Request (Bennett, Alicia) (Entered: 03/08/2006)
46 Order re: 44 MOTION to Compel filed by Betty J. Hooks. Responses due by 3/20/2006 for 44. Motion to be taken under submission on 3/20/2006 without oral argument. Signed by Judge William E. Cassady on 3/9/06. (tgw) (Entered: 03/09/2006)
47 NOTICE by Betty J. Hooks of Possibly Conflicting Trial Schedules (Stein, Gregory) (Entered: 03/13/2006)
REFERRAL OF 47 Notice of Possibly Conflicting Trial Schedules in Aug. 2006 to Judge Cassady. (mpp) (Entered: 03/13/2006)
48 Order . The notice of a possible trial conflict is noted. Counsel shall specifically add this matter to the final pretrial agenda for consideration by the trial judge. Signed by Judge William E. Cassady on 3/18/06. (Cassady, William) (Entered: 03/18/2006)
49 RESPONSE to 44 MOTION to Compel Defendant's Response to Plaintiff-Intervenor's Rule 37 Motion to Compel Discovery filed by Escambia County Board of Education, Escambia County Board of Education. (Attachments: # 1 Exhibit A)(Bennett, Alicia) (Entered: 03/20/2006)
REFERRAL OF 49 Response to Judge Cassady. (mpp) (Entered: 03/20/2006)
50 ORDER GRANTING IN ITS ENTIRETY the 44 Motion to Compel . Signed by Judge William E. Cassady on 3/21/06. (tgw) (Entered: 03/21/2006)
51 NOTICE by Escambia County Board of Education of Service of Defendant's Supplemental Responses to Plaintiff-Intervenor's Second Discovery Request (Bennett, Alicia) (Entered: 03/28/2006)
52 Position Regarding Settlement - Joint Statement Regarding Settlement (All Parties) filed by United States of America. (Galbreath, Robert) (Entered: 04/03/2006)

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04/03/2006 04/04/2006 05/16/2006 06/27/2006 06/27/2006 07/06/2006 07/06/2006 07/07/2006
07/10/2006 07/12/2006
08/10/2006 08/10/2006 08/14/2006

REFERRAL OF 52 Position Regarding Settlement to Judge Cassady. (mpp) (Entered: 04/03/2006)
53 Order setting a Settlement Conference for 5/16/2006 09:30 AM in Courtroom 3A before Magistrate Judge William E. Cassady. Signed by Judge William E. Cassady on 4/4/06. (tgw) (Entered: 04/04/2006)
Minute Entry for proceedings held before Judge William E. Cassady : Settlement Conference (preliminaries) held on 5/16/2006. FTR Digital Audio Recording. (eec, ) (Entered: 05/16/2006)
54 Witness List by Escambia County Board of Education. (Bennett, Alicia) (Entered: 06/27/2006)
55 Witness List by United States of America. (Galbreath, Robert) (Entered: 06/27/2006)
56 Proposed Pretrial Order by Betty J. Hooks. (Stein, Gregory) (Entered: 07/06/2006)
REFERRAL OF 56 Proposed Pretrial Order to Judge Steele. (mpp) (Entered: 07/06/2006)
57 Order . After reading the settlement conference submissions that were received on today's date, it is determined that the Court needs additional information in preparation of the conference set for Monday afternoon. Specifically, the court needs a summary of the reasonable hours spent on this case to date by the members of Stein, Brewster & Pilcher, L.L.C., as well as the hourly rate for each attorney involved which they believe to be a reasonable rate in the Southern District of Alabama for similar work. This information is to be presented to the Court ASAP and shared with opposing counsel but not filed or otherwise made public. It shall be considered for settlement purposes only and will not be available for any other purpose. Signed by Judge William E. Cassady on 7/7/06. (Cassady, William) (Entered: 07/07/2006)
Minute Entry for proceedings held before Judge William E. Cassady : Settlement Conference held on 7/10/2006. SEALED FTR Digital Audio Recording. (eec, ) (Entered: 07/10/2006)
59 Order . After a settlement conference held on July 10, 2006, the parties entered into a settlement agreement and asked for 30 days to consummate the settlement. Accordingly, the parties shall comply with all settlement terms, including the submission of a proposed consent decree to Judge Steele, no later than August 10, 2006. Signed by Judge William E. Cassady on 7/12/06. (Cassady, William) (Entered: 07/12/2006)
60 Joint MOTION for Consent Decree by Betty J. Hooks. (Attachments: # 1 Consent Decree)(Stein, Gregory) (Entered: 08/10/2006)
REFERRAL OF 60 Joint MOTION for Consent Decree to Judge Steele. (tgw, ) (Entered: 08/10/2006)
61 Consent Decree filed by the parties. Signed by Judge William H. Steele on 8/14/06. Copies to parties.(mpp) (Entered: 08/14/2006)

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