IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

Plaintiff,

)
) CIVIL ACTION NO.
)

)

v.

)

) COMPLAINT
REDSTONE HIGHLANDS PERSONAL CARE )

CENTER d/b/a/REDSTONE HIGHLANDS, Defendant.

)
)
) JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Charging Party Reyes LiVecchi who was adversely affected by such practices. As articulated with greater particularity in paragraph 7 below, the Commission alleges that Ms. LiVecchi, an Activities Coordinator for Defendant, was subjected to unwelcome sexual harassment and a sexually hostile work environment which was created by the conduct of a male coworker. The Commission alleges that although Ms. LiVecchi complained to Defendant about the sexual harassment, Defendant failed to take prompt and effective action upon notification of the hostile work environment and failed to stop the illegal conduct. As a result of the sexual harassment, Ms. LiVecchi suffered mental and emotional distress, and was forced into a constructive discharge.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VIT’). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Pennsylvania.
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 VII, 42 U.S.C. § 2000e-5(f)(1)and (3). 4. At all relevant times, Defendant Redstone Highlands Personal Care Center d/b/a Redstone Highlands (the ."Employer"), has continuously been a Pennsylvania non-profit corporation, headquartered in Greensburg, Pennsylvania, doing business in the Cities of Greensburg, Murrysville, and North Huntingdon, Pennsylvania, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and 01).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Reyes LiVecchi filed
2

a Charge of Discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since about January 5, 2005, Defendant Employer has engaged in unlawful employment practices at its North Huntingdon, Pennsylvania location, in violation of 703(a)(1) of Title VII, 42 U.S.C.§ 2000e-2(a)(1). These unlawful practices include, but are not limited to, the following:
a. Defendant Employer is a non-profit corporation that provides assisted living housing for senior citizens, including 133 traits on three campuses in western Pennsylvania;
b. The hostile work environment complained of consisted of unduly personal, threatening, and/or sexually explicit comments made by Donald Stoddard, a male co-worker, to Ms. LiVecchi. Stoddard’s comments were made to Ms. LiVecchi alone, as well as within the hearing of other co-workers. For example, Stoddard consistently commented on Ms. LiVecchi’s body shape and dress. On one occasion, he suggested that she should remove her sweater to show off her body.
c. The hostile work environment also consisted of unwanted and personally offensive touching by Stoddard. On one occasion, he slipped into LiVecchi’s chair, straddled her body, and placed his arms around her. On other occasions, he had slapped and grabbed her buttocks.
d. The sexually offensive conduct by Stoddard commenced in October, 2004. Ms. LiVecchi repeatedly rejected Stoddard’s comments and touching. She attempted to handle the situation herself by asking and demanding that he refrain from such actions. But Stoddard persisted in his unwanted and offensive conduct toward her.
e. In early January, 2005, Ms. LiVecchi once more confronted Stoddard and

informed him that his behavior needed to stop, that he was scaring her, and that she would no

longer allow him to intimidate her. He responded with a threatening statement to the effect,

"You had better watch your back, they are out to get you." This statement caused Ms. LiVecchi

to be fearful that Stoddard was stalking her. f. Because of Stoddard’s threatening statement and his refusal to desist, on or about

January 5, 2005, Ms. LiVecchi verbally reported and complained about his offensive and

threatening conduct to Jane Rudy, the Personal Care Director of Defendant’s North Huntingdon

facility.

g. Despite Ms. LiVecchi’s continuing complaints of discomfort with and fear of

Stoddard, Defendant Employer failed to take steps to effectively eradicate the offensive work

environment and Ms. LiVecchi continued to be adversely affected.

h. On at least one occasion, Ms. LiVecchi requested information regarding

Defendant’s response to her complaint. She was simply informed, "It’s your word against his."

i. At no time did Defendant inform Ms. LiVecchi that it had spoken with Stoddard or that it had, in any manner, investigated her complaint. It took no steps to reassure her that it

would protect her against further misconduct by Stoddard.

j.

In fact, Defendant had interviewed various co-workers of Ms. LiVecchiand

Stoddard, at least two of whom confirmed some of LiVecchi’s allegations. Despite such corroboration, Defendant did not discipline Stoddard in a manner reasonably designed to ensure

that he discontinue his illegal conduct.

k. On or about February 9, 2005, Stoddard again treated Ms. LiVecchi in a

demeaning and offensive manner when they were on an elevator together and he pointedly

"looked her up and down" and "smirked."

1.

The February 9t~’ occurrence, coupled with Stoddard’s previous conduct and

Defendant’s failure to ensure her that it would act to protect her, caused Ms. Livecchi to begin to

tremble and cry. She was forced to leave work that day, and she never returned. Rather, she

subsequently submitted a letter of resignation.

8. The effect of the practices complained of in paragraph 7 (a) through (1) above has

been to deprive Ms. LiVecchi of equal employment opportunities and otherwise adversely affected her status as an employee, because of her sex.

9. The unlawful employment practices complained of in paragraphs 7 (a) through (1)

above were intentional.

10. The unlawful employment practices complained of in paragraphs 7 (a) through (1)

above were done with malice or with reckless indifference to the federally protected fights of

Ms. LiVecchi.

PRAYER FOR RELIEF

Wherefore, the Commission requests that this Court:

A. Grant a permanent injunction enjoining the Defendant Employer, its officers,

successors, assigns and all persons in active concert or participation with it, from engaging in the

creation and/or maintenance of a sexually hostile work environment. B. Grant a permanent injunction enjoining the Defendant Employer, its officers,

successors, assigns and all persons in active concert or participation with it, from discriminating

within any of its establisl’tments against employees on the basis of sex.

C. Order Defendant Employer to institute and carry out policies, practices and

programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, which provide for a harassment free work environment, and which eradicate the effects of its past and present unlawful employment practices.
E. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with complaints regarding violations of its policies against discrimination, harassment and retaliation.
F. Order Defendant Employer to institute and carry out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination and anti-harassment; and requiring all managers and supervisors to report any incidents and/or complaints of harassment of which they become aware to the department charged with handling such complaints.
G. Order Defendant Employer to make whole Reyes LiVecchi by providing compensation forpast and future nonpecuniary losses resulting from the unlawful practices complained of inparagraphs 7 (a) through (1) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
H. Order Defendant Employer to makewhole Reyes LiVecchi by providing compensation for past and future lost wages anodther pecuniary losses related to her constructive discharge.
6

I. Order Defendant Employer to pay Reyes LiVecchi punitive damages for its malicious and/or reckless conduct described in paragraphs 7 (a) through (1) above, in an amount to be determined at trial.
Grant such further relief as this Court deems necessary and proper in the public interest.
K. Award the Commission its costs of this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
JAMES L. LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL
SUPERVISORY TRIAL ATTORNEY
SENIOR TRIAL ATTORNEY
Pa. I.D. No. 42738
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439 (412) 644-4935 (facsimile) j ean.clickner@eeoc.gov

 
 Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

REDSTONE HIGHLANDS PERSONAL CARE )

CENTER d/b/a REDSTONE HIGHLANDS,

)

)

Defendant.

)

Civil Action No. 06-1057 Judge Terrence F. McVerry
JURY TRIAL DEMANDED

PLAINTIFF-INTERVENOR’S COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff-Intervenor, Reyes M. LiVecchi (hereinafter “Plaintiff-Intervenor”) by her undersigned counsel, alleges and complains as follows:

I. INTRODUCTION 1. The claims in this action arise under the Equal Employment Opportunity Act, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq. (“PHRA”). 2. This action was commenced by the Equal Employment Opportunity Commission (hereinafter “EEOC”) on August 8, 2006. Plaintiff-Intervenor now wishes to intervene in the action and assert claims against the Defendant, Redstone Highlands Personal Care Center doing business as Redstone Highlands (hereinafter “Redstone Highlands”). 3. Plaintiff-Intervenor seeks compensatory and punitive damages, emotional distress damages, attorneys’ fees, and other appropriate relief under Title VII and the

Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 2 of 13
PHRA. II. JURISDICTION
4. This Court has jurisdiction over the subject matter of Plaintiff-Intervenor’s Title VII claim pursuant to 28 U.S.C. §§ 1331 and 1343(4). This Court has supplemental jurisdiction over Plaintiff-Intervenor’s PHRA claims pursuant to 28 U.S.C. § 1367(a).
III. PROCEDURAL REQUIREMENTS 5. Plaintiff-Intervenor has satisfied the administrative prerequisites of Title VII and the PHRA.
IV. VENUE 6. Venue is proper in the Western District of Pennsylvania because Defendant committed an employment practice made unlawful by Title VII within the Western District of Pennsylvania, and Plaintiff would have worked within the Western District of Pennsylvania but for the unlawful employment practice of Defendant. Venue is also proper in the Western District of Pennsylvania pursuant to 28 U.S.C. §1391(b)-(c).
V. PARTIES 7. Plaintiff-Intervenor Reyes M. LiVecchi is an adult individual who resides at 220 North 5th Street, Youngwood, Pennsylvania. 8. Defendant Redstone Highlands Personal Care Center, doing business as Redstone Highlands is a Pennsylvania corporation headquartered at 6 Garden Center Drive, Greensburg, Pennsylvania.
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 3 of 13
VI. FACTS 9. Redstone Highlands is a nursing home providing care to elderly individuals. 10. Plaintiff-Intervenor began her employment with Redstone Highlands on or about May 3, 2004 as an Activities Coordinator at Redstone Highlands’ North Huntington facility. 11. During her employment with Redstone Highlands, Plaintiff-Intervenor was at all times a hard-working, conscientious employee. 12. Beginning in October 2004 and continuing until February 9, 2005, Plaintiff-Intervenor was repeatedly sexually harassed by Donald Stoddard, a co-worker in the maintenance department. This sexual harassment included: a. Mr. Stoddard arranged a Halloween decoration so that a corn stalk looked
like an erect penis. b. Mr. Stoddard slid into a desk chair behind Plaintiff-Intervenor, so that he
was straddling her, and grabbed her around the waist. c. Mr. Stoddard, while riding an elevator with Plaintiff-Intervenor, slapped
and grabbed her behind. d. Mr. Stoddard said to Plaintiff-Intervenor, “I had a dream about you last
night and you looked really good in that black night gown.” e. On another occasion, Mr. Stoddard said, “You look very nice today, and I
like that sweater. Let me pull that zipper down.” f. On more than one occasion, Mr. Stoddard told Plaintiff-Intervenor that she
looked good exercising. g. On one occasion during lunch, Mr. Stoddard said to Plaintiff-Intervenor,
“I was watching you,” “you look really good, you have a nice body and chest, you should take your jacket off more often.” Mr Stoddard then said, while looking at her, “Now all I need is some sweet dessert.”
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 4 of 13
13. Plaintiff-Intervenor repeatedly told Mr. Stoddard that his conduct was unwelcome, yet his harassment continued.
14. In early January, 2005, Mr. Stoddard made a statement which led PlaintiffIntervenor to be fearful that Mr. Stoddard was stalking her. The morning after this statement, Plaintiff-Intervenor asked Mr. Stoddard to come into her office, and she told him, inter alia, that his behavior needed to stop, that he was scaring her and that she would no longer allow him to intimidate her, among other things. Mr. Stoddard did not respond to Plaintiff-Intervenor’s demands, but instead said, “You better watch your back because they’re out to get you.” Plaintiff-Intervenor was terribly frightened by this interaction, and reported it the following day to Jane Rudy, who was the personal care director at the North Huntington facility.
15. In early January 2005, Plaintiff-Intervenor informed Redstone Highlands’ management, Ms. Rudy, that Mr. Stoddard was sexually harassing her.
16. During that conversation, Plaintiff-Intervenor told Ms. Rudy of the instances of sexual harassment set forth in paragraph 12, above. Ms. Rudy informed Plaintiff-Intervenor that Mr. Stoddard had previously attempted to kiss her, Ms. Rudy, on one occasion, and that it was time to inform upper management of his sexual harassment.
17. When Vicki Loucks, Redstone Highlands’ Director of Nursing, interviewed Plaintiff-Intervenor about the sexual harassment, Plaintiff-Intervenor was clearly extremely upset by Mr. Stoddard’s harassment. At one point, Ms. Loucks began to laugh in response to Plaintiff-Intervenor’s recounting of the events.
18. Redstone Highlands spoke with other employees who corroborated at least some of the sexual harassment that Plaintiff-Intervenor had complained of.
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 5 of 13
19. In addition, other employees informed Redstone Highlands of other incidents of sexual harassment by Mr. Stoddard.
20. During Redstone Highlands’ interview of Mr. Stoddard, he allegedly denied “most of” the harassment reported by Plaintiff-Intervenor.
21. Despite corroborating the sexual harassment complained of by PlaintiffIntervenor, Mr. Stoddard, the harasser, was not disciplined in any way, nor was he told that he had violated Redstone Highland’s sexual harassment policy.
22. After initially complaining to Ms. Rudy in early January, 2005, PlaintiffIntervenor spoke with Ms. Rudy, conservatively, three to four times per week until the time of her constructive discharge on February 11, 2005, about Mr. Stoddard’s harassment and about the devastating impact that it was having on Plaintiff-Intervenor. In addition, Plaintiff-Intervenor complained to Ms. Loucks about Mr. Stoddard’s behavior on at least two occasions. Finally, Plaintiff-Intervenor complained to her direct supervisor, Candace Kuvinec, about Mr. Stoddard’s sexual harassment at least three times. During her complaints to each of these individuals, Plaintiff-Intervenor clearly expressed how upset she was about Mr. Stoddard’s harassment. Despite the frequency and number of her complaints to Redstone Highlands’ management, nothing was done to correct Plaintiff-Intervenor’s hostile work environment.
23. At no time during her employment did Redstone Highlands ever inform Plaintiff-Intervenor of how her complaints were resolved or that Mr. Stoddard had been advised that he must stop any further harassment of Plaintiff-Intervenor.
24. On January 28, 2005, a meeting was held by Redstone Highlands during which their sexual harassment policy was discussed. During that in-service, Redstone
5

Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 6 of 13
Highlands stated that they had done an in-house investigation into a complaint of sexual harassment and that it was unfounded. Plaintiff-Intervenor believed that this statement was in reference to her complaints of sexual harassment.
25. On February 4, 2005, Plaintiff-Intervenor asked Ms. Rudy what was going to be done in response to her complaints, and Ms. Rudy told Plaintiff-Intervenor that it was “her word against [Mr. Stoddard’s],” and that there were no witnesses to PlaintiffIntervenor’s complaints.
26. On February 7, 2005, Plaintiff-Intervenor again met with Ms. Rudy and asked her what Respondent was going to do about her complaints. Ms. Rudy did not respond to Plaintiff-Intervenor’s question.
27. At no time following Plaintiff-Intervenor’s complaints of sexual harassment by Mr. Stoddard did Redstone Highlands take any action whatsoever to address Mr. Stoddard’s conduct.
28. At no time following Plaintiff-Intervenor’s complaints of sexual harassment by Mr. Stoddard did Redstone Highlands advise Plaintiff-Intervenor that her complaints of sexual harassment had been investigated, that at least some of the complaints had been corroborated and what action it would take to prevent such sexual harassment in the future.
29. On February 9, 2005, more than one month after Plaintiff-Intervenor’s initial complaint to Redstone Highland’s management, as Plaintiff-Intervenor was getting on the elevator, she came face-to-face with Mr. Stoddard. Mr. Stoddard looked PlaintiffIntervenor up and down and smirked at her.
30. As a result of Mr. Stoddard’s actions, Plaintiff-Intervenor got on the
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 7 of 13
elevator and began to sob. Plaintiff-Intervenor returned to her office, locked her door and cried until it was time for her to leave work, less than hour later. Still crying, PlaintiffIntervenor immediately left work and cried the entire way home. At that point, PlaintiffIntervenor realized that the harassment was not going to be resolved by Redstone Highlands and would continue; she had no other option but to quit.
31. The sexual harassment by Mr. Stoddard was so severe and pervasive that it altered the terms and conditions of her employment and created a hostile work environment.
32. After her complaint of sexual harassment in early January 2005, Redstone Highland’s management began to treat her adversely, in retaliation for complaining of the harassment.
33. Plaintiff-Intervenor was constructively discharged on February 11, 2005, as a result of Redstone Highland’s failure to appropriately respond to her complaints of sexual harassment, even after it had prior notice of Mr. Stoddard’s harassment of other female employees, as well as Redstone Highland’s retaliatory treatment of her after her complaint of sexual harassment in January, 2005.
34. Redstone Highlands’ failure to appropriately respond and correct the sexually hostile work environment resulted in a tangible job detriment, namely, PlaintiffIntervenor’s constructive discharge.
35. Redstone Highlands’ failure to appropriately respond and correct the sexually hostile work environment resulted in a tangible job detriment, namely, PlaintiffIntervenor’s constructive discharge.
36. Redstone Highlands’ retaliation against Plaintiff-Intervenor resulted in a
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 8 of 13
tangible job detriment, namely, Plaintiff-Intervenor’s constructive discharge.
VII. CLAIMS Count I - Sexual Harassment Title VII of the Civil Rights Act of 1964 37. All of the preceding paragraphs are hereby incorporated by reference. 38. Defendant, acting through its employees, subjected Plaintiff-Intervenor to a sexually hostile work environment on the basis of her gender, which altered PlaintiffIntervenor’s terms and conditions of employment. 39. Defendant’s conduct as set forth above constitutes an intentional and willful violation of Title VII. 40. As a direct and proximate result of the unlawful conduct of the Defendant, Plaintiff-Intervenor has suffered significant damages, including the deprivation of her employment, income and benefits, loss of opportunity for advancement and promotion, emotional pain and suffering, mental anguish, humiliation and damage to reputation and career. 41. As a result of Defendant’s outrageous, unjustified and unlawful conduct, Plaintiff-Intervenor is entitled to punitive damages. WHEREFORE, Plaintiff-Intervenor requests this Court to enter judgment against Defendant and to award Plaintiff-Intervenor legal and equitable relief, including back pay, front pay, raises, lost future employment opportunities, compensation for pain and suffering, injunctive and declaratory relief, prejudgment interest and costs of litigation, including reasonable attorneys’ fees. In addition, Plaintiff-Intervenor requests that this Court award her punitive damages.
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 9 of 13
Count II – Retaliation Title VII of the Civil Rights Act of 1964 42. All of the preceding paragraphs are hereby incorporated by reference. 43. Defendant, acting through its employees, engaged in retaliatory behavior against Plaintiff-Intervenor, thereby causing Plaintiff-Intervenor to be constructively discharged because she reported and complained of the sexual harassment by Donald Stoddard, thereby unlawfully retaliating against her for engaging in protected conduct. 44. Defendant’s conduct as set forth above constitutes an intentional and willful violation of Title VII. 45. As a direct and proximate result of the unlawful conduct of the Defendant, Plaintiff-Intervenor has suffered significant damages, including the deprivation of her employment, income and benefits, loss of opportunity for advancement and promotion, emotional pain and suffering, mental anguish, humiliation and damage to reputation and career. 46. As a result of Defendant’s outrageous, unjustified and unlawful conduct, Plaintiff-Intervenor is entitled to punitive damages. WHEREFORE, Plaintiff-Intervenor requests this Court to enter judgment against Defendant and to award Plaintiff-Intervenor legal and equitable relief, including back pay, front pay, raises, lost future employment opportunities, compensation for pain and suffering, injunctive and declaratory relief, prejudgment interest and costs of litigation, including reasonable attorneys’ fees. In addition, Plaintiff-Intervenor requests that this Court award her punitive damages.
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 10 of 13
Count III – Sexual Harassment and Retaliation Pennsylvania Human Relations Act
47. All of the preceding paragraphs are hereby incorporated by reference. 48. The sexual harassment and retaliation set forth above violates the Pennsylvania Human Relations Act, which specifically prohibits discrimination because of an employee’s sex and in retaliation for engaging in protected activity. 43 Pa. C.S.A. § 951 et seq. 49. As a direct and proximate result of the unlawful conduct of the Defendant, Plaintiff-Intervenor has suffered significant damages, including the deprivation of her employment, income and benefits, loss of opportunity for advancement and promotion, emotional pain and suffering, mental anguish, humiliation and damage to reputation and career. WHEREFORE, Plaintiff-Intervenor requests this Court to enter judgment against Defendant and to award Plaintiff-Intervenor legal and equitable relief, including back pay, front pay, raises, lost future employment opportunities, compensation for pain and suffering, injunctive and declaratory relief, prejudgment interest and costs of litigation, including reasonable attorneys’ fees.
VIII. DAMAGES 50. All of the preceding paragraphs are hereby incorporated by reference. 51. As a direct and proximate result of the unlawful conduct of the Defendant, Plaintiff-Intervenor has suffered the following injuries for which she demands damages from the Defendant:
a. Lost back pay;
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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 11 of 13
b. Lost back benefits; c. Lost front pay; d. Lost front benefits; e. Lost raises; f. Loss of future employment opportunities; g. Pain and suffering, emotional distress, mental anguish,
embarrassment, humiliation and damage to reputation and career. 52. Because of Defendant’s outrageous, unjustified and unlawful conduct, Plaintiff-Intervenor demands punitive damages of Defendant. 53. Plaintiff-Intervenor is entitled to payment of pre-judgment interest from the date of her termination to the date of judgment. 54. Plaintiff-Intervenor is entitled to payment by Defendant of her costs of litigation, including reasonable attorneys’ fees, pursuant to 42 U.S.C. § 1981 and the PHRA. 55. In addition to the foregoing, Plaintiff-Intervenor requests that this honorable Court declare that the sexual harassment to which she was subjected was unlawful. WHEREFORE, Plaintiff-Intervenor requests this Court to enter judgment against Defendant and to award Plaintiff-Intervenor legal and equitable relief, including back pay, front pay, raises, lost future employment opportunities, compensation for pain and suffering, injunctive and declaratory relief, prejudgment interest and costs of litigation, including reasonable attorneys’ fees.
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PLAINTIFF-INTERVENOR DEMANDS A JURY TRIAL OF ALL COUNTS

Respectfully submitted,

BY:

s/James W. Carroll, Jr.

James W. Carroll, Jr.

Pa. I.D. No. 21830

JWCarroll@rothmangordon.com

Cami L. Davis

Pa. I.D. No. 91223

CLDavis@rothmangordon.com

Rothman Gordon, P.C.

310 Grant Building

Third Floor – Grant Building

Pittsburgh, PA 15219

(412) 338-1100

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Case 2:06-cv-01057-TFM Document 11 Filed 10/20/2006 Page 13 of 13
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Plaintiff-Intervenor’s Complaint and Demand for Jury Trial was served this 20th day of October, 2006, via electronic filing and first-class mail, postage prepaid, on counsel of record as follows:
M. Jean Clickner, Esquire Equal Employment Opportunity Commission
1001 Liberty Avenue Suite 300, Liberty Center
Pittsburgh, PA 15222 jean.clickner@eeoc.gov David T. Cofer, Esquire
215 Chestnut Street Latrobe, PA 15650 indrelhewitt@aol.com
s/James W. Carroll, Jr. James W. Carroll, Jr.
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 Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
REDSTONE HIGHLANDS PERSONAL CARE CENTER d/b/a/REDSTONE HIGHLANDS,
Defendant.

) CIVIL ACTION NO. 06-1057 ) )
) )
)

CONSENT DECREE INTRODUCTION
A. This action was instituted by the United States Equal Employment Opportunity Commission ("the EEOC") on July 20,2004, against Redstone Highlands Personal Care Center to enforce provisions of Title VII of the Civil Rights of 1964,as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). The EEOC alleged that Defendant Redstone Highlands Personal Care Center subjected Reyes LiVecchi to a hostile work environment based on sex.
B. This Consent Decree is entered into by the EEOC and Redstone Highlands Personal Care Center. This Consent Decree shall be final and binding between the EEOC and Redstone Highlands Personal Care Center, their directors, officers, agents, employees, successors or assigns and all persons in active concert or participation with them.
C. The EEOC and Redstone Highlands Personal Care Center do hereby agree to the entry of this Consent Decree, which shall fully and finally resolve all claims which were raised by

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 2 of 12
the EEOC in its Complaint in Civil Action No.06-1057. This Consent Decree shall not constitute an adjudication of or finding on the merits of the case, cannot be used as evidence in any other lawsuit or claim, and shall not be construed as an admission by Redstone Highlands Personal Care Center of any violation of Title VII.
CONSENT DECREE Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and DECREED that:
NON-DISCRIMINATION AND NON-RETALIATION 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Redstone Highlands Personal Care Center shall not engage in any employment practice at any of its personal care facilities which constitutes unlawful discrimination under Title VII. Specifically, Redstone Highlands Personal Care Center shall not create, foster or tolerate a hostile work environment based on sex at its personal care facilities. 3. Redstone Highlands Personal Care Center shall not engage in any employment practices which retaliate in any manner against any person, including but not limited to Reyes LiVecchi, because of that person's opposition to any practice alleged or believed to be un1awfi.d under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in any investigation, hearing or proceeding under Title VII. 4. Redstone Highlands Personal Care Center shallnot divulge, directly or indirectly,to any employer or potential employer of Reyes LiVecchi any of the facts or circumstances related to the charge of discrimination against Redstone Highlands Personal Care Center or any of the events relating to Reyes LiVecchi's participation in the litigation of this matter, except that Redstone

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 3 of 12
Highlands Personal Care Center may disclose such informationif compelledby subpoena or other court order directing such disclosure.
5. Redstone Highlands Personal Care Center shall comply fully with all provisions of Title VII. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Redstone Highlands Personal Care Center under Title VII or the EEOC's authority to process or litigate any charge of discrimination which may be filed against Redstone Highlands Personal Care Center in the future.
MONETARY RELIEF 6 . Redstone Highlands Personal Care Center agrees to pay monetary relief in the amount of One Hundred Thirty-five Thousand Dollars and No Cents ($135,000.00). Of the amount paid to Ms. LiVecchi, $20,000.00 shall constituteback pay. The amounttreated as back pay shall be paid less the employee's share of applicable withholding which includes and is limited to federal income tax withholdings, state income tax withholdings, local income tax withholdings, and the payee's share of federal social security and medicare withholdings (i.e., FICA and any other related tax). $60,285.00 of the total amount will be designated as non-economic compensatory damages payable to Ms. LiVecchi. No portion of that amount paid shall be considered compensation for lost wages, and so no withholdings shallbe made from those fundsprovidedthat such withholdingis not required by a determination by the Internal Revenue Service. Defendants will issue an IRS Form W-2 and an IRS Form 1099 to Ms. LiVecchi with respect to payments made. Of the total amount, $54,715.00 shall be designated as attorneys fees and shall by paid, by check, to the order of James Carroll, Jr., Esquire. In order to receive the monetary relief, Ms. LiVecchi must execute a Release. On or before January 15,2007, Defendant Redstone Highlands Personal Care Center will mail the

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aforementioned checksfor monetary relief to Ms. LiVecchiYs attorney, James Carroll, Jr.. Defendant will mail a photocopy of the checks to the EEOC, to the attention of M. Jean Clickner, Senior Trial Attorney, EEOC, 1001 Liberty Avenue, Suite 300, Pittsburgh, PA 15222, within five days of the date of mailing of the check to Mr. Carroll.
POSTING OF NOTICE 7. Within ten (10) business days after entry of this Decree, Redstone Highlands Personal Care Center shall post same-sized copies of the Notice attached as Exhibit 1 to this Decree on all bulletin boards usually used by Redstone Highlands Personal Care Center for communicating with employees. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Counsel for Redstone Highlands Personal Care Center shall provide a copy of the Notice, and an indication of the date and location of its posting, to the EEOC's Pittsburgh Office, attention M. Jean Clickner, Senior Trial Attorney, within ten (10) days of the posting. Redstone Highlands Personal Care Center shall pennit a representative of the EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice. Redstone Highlands Personal Care Center shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Should the posted copies become defaced, removed, marred, or otherwise illegible, Redstone Highlands Personal Care Center agree to immediately post a readable copy in the same manner as heretofore specified.
RECORD KEEPING 8. For a period of two (2) years following entry of this Decree, Redstone Highlands Personal Care Center shall maintain and make available for inspection and copying by the EEOC

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 5 of 12
records of each complaint of any incident of sexual harassment under its policy occurring at its locations. Each such report shall indicate the date the complaint of sexual harassment was made, who made it, what was alleged, and what actions Redstone Highlands Personal Care Center took to resolve the matter. Redstone Highlands Personal Care Center shall also make records of all actions it takes to prevent sexual harassment during the duration of this Decree. By designating an incident or complaint as "an incident of sexual harassment" Redstone Highlands Personal Care Center does not admit that such incident or complaint constitutes unlawful conduct under Title VII.
9. Redstone Highlands Personal Care Center shall make all documents or records referred to in Paragraph 8, above,availablefor inspectionand copying within ten (10) business days after the EEOC so requests. In addition, Redstone Highlands Personal Care Center shall make available for interview all persons within its employ who the EEOC reasonably requests for purposes of verifying compliance with this Decree and shall permit a representative of the EEOC to enter its premises for such purposes on five (5) business days advance notice by the EEOC.
10. Nothing containedin this Decree shallbe construed to limit any obligationRedstone HighlandsPersonal Care Centermay otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 11. Redstone Highlands Personal Care Center shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years commencing January 1,2007. The first report shall be due July 1,2007. The final report shall be due February 1,2009. Each such report shall contain: (a) A s u m a r y of the informationrecorded by RedstoneHighlandsPersonal Care Center

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 6 of 12
pursuant to Paragraph 8, including the name of the complainant, the allegation of the complaint and the action taken by Redstone Highlands Personal Care Center in response; and, (b) A certification by Redstone Highlands Personal Care Center that the Notice required
to be posted in Paragraph 7, above, remained posted during the entire six (6) month period preceding the report.
TRAINING 12. During the term of this Decree, Redstone Highlands Personal Care Center shall provide training on the requirements of Title VII on the following terms: (a) Redstone Highlands Personal Care Center agrees to provide annual training to all of
its employees at its personal care facilities by a trainer or vendor approved by the EEOC to provide training on an employee's rights and the employer's obligations under Title VII. This training will emphasize what constitutes unlawfUl harassment in the workplace, how to keep the company free of any such form of discrimination, and what constitutes u n l a f i l retaliation. In the event an employee is unable to attend the annual training, Redstone Highlands Personal Care Center will show the training required by this Consent Decree by way of videotape, DVD, CD rom, written materials or on-line training. (b) The training will be provided to all Redstone Highlands Personal Care Center employees, including temporary employees employed at the time of the training. In the event an employee is hired after the date of the required training session to be

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 7 of 12
held in 2007 and 2008, Redstone Highlands Personal Care Center agrees that, as part of the new employee orientation, it will show the training required by this Consent Decree by way of videotape, DVD, CD rom, written materials or on-line training. Records of the new employee orientation will be maintained and will be made available to EEOC for inspection and copying at the EEOCYsrequest. A registry of attendance shall be retained by Redstone Highlands Personal Care Center for the duration of the Consent Decree. (c) Redstone Highlands Personal Care Center shall first provide training in accordance with Paragraph 12(a) on or before March 1, 2007. Redstone Highlands Personal Care Center shallthen also provide such training on at least one occasionin calendar year 2007 and 2008. 13. In addition to the training described in Paragraph 12, Redstone Highlands Personal Care Center shall provide training to all appropriate supervisory and management personnel regarding conductinga prompt and effective investigation into allegations,complaints,or chargesof employment discrimination. 14. Redstone Highlands Personal Care Center shall obtain the EEOCYsapproval of its proposed training vendor prior to each year's training sessions. Redstone Highlands Personal Care Center shall submit the name, address, telephone number and resume of the proposed training vendor, together with the date(s) of the proposed training sessions to the EEOC within thirty (30) calendar days prior to the first day of the proposed date(s) of training. The EEOC shall have ten (10) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s) and approval of the proposed trainer will not be unreasonably denied. In the

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event, however, that the EEOC does not approve Redstone Highlands Personal Care Center designated trainer(s),Redstone HighlandsPersonal Care Center shall have ten (10) calendar daysto identify an alternate trainer. The EEOC shall have ten (10) calendar days from the date of receipt of the information described above to accept or reject the alternate trainer. In the event the EEOC does not approve Redstone HighlandsPersonal Care Center's alternatetrainer, the EEOC shall designate the trainer to be retained and paid for by Redstone Highlands Personal Care Center. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
15. Redstone Highlands Personal Care Center agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
16. Redstone Highlands Personal Care Center shall certify to the EEOC in writing within ten (10) business days after the training sessions required by Paragraphs 12 and 13 above have occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date of the training.
DISPUTE RESOLUTION 17. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford the

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 9 of 12
alleged non-complying party thirty (30) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged noncomplying party has not remediedthe alleged non-complianceor satisfied the complainingparty that it has complied within thirty (30) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 18. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 19. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers,assigns, and successorsof Redstone HighlandsPersonal Care Center in their capacities as representatives, agents, directors and officers of Redstone Highlands Personal Care Center, and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any party to this Decree is found to be in contempt for a violation of this Decree. 20. This Consent Decree shall fully and finally resolve all claims which were raised b he EEOC in its Complaint in Civil Action No. 06-CV-1057. 2 1. This Consent Decree shall be filed in the United States District Court for the Western District of Pennsylvaniaand shall continue to be in effect from January 1,2007through December 31,2008. Any applicationby any party to modify or vacate this Consent Decree during suchperiod shall be made by motion to the Court on no less than thirty (30) days notice to the other party. 22. The Court retainsjurisdiction over this case in order to enforce the terms of the Consent Decree. 23. The Clerk of the District Court is hereby directed to send a file-stamped copy of this

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 10 of 12 Consent Decree to counsel of record.

Case 2:06-cv-01057-TFM Document 20 Filed 01/08/2007 Page 11 of 12

IT IS SO ORDERED:

S ~ O TRRIALATTORNEY Pa. I.D. No. 42738 EQUAL EMPLOYMENT COMMISSION Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439 (412) 644-4935 (facsimile) jean.clickner~eeoc.g;ov

OPPORTUNITY

BY THE COURT:

DATE:

UNITED STATES DISTRICT JUDGE

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EXHIBIT 1
NOTICE TO ALL REDSTONE HIGHLANDS PERSONAL CARE CENTER EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Redstone Highland Personal Care Center d/b/a Redstone Highlands, Civil Action Number 06-CV-1057 (W.D. PA.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Redstone Highlands Personal Care Center.
Title VII of the Civil Rights Act of 1964,42 U.S.C. Section 2000e, etseq., as amended, ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion, or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Redstone Highlands Personal Care Center subjected a female employee to a hostile work environment based on sex in violation of Title VII ofthe Civil Rights Act of 1964 ("Title VII"). Redstone Highlands Personal Care Center denies these allegations and this Notice shall not be construed as an admission by Redstone of any violation of Title VII.
To resolve the case, Redstone Highlands Personal Care Center and the EEOC have entered in to a Consent Decree which provided, among other things, that: (1) Redstone Highlands Personal Care Center paid monetary relief; (2) Redstone Highlands Personal Care Center will not discriminate on the basis of sex in the future; (3) Redstone Highlands Personal Care Center will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (4) Redstone Highlands Personal Care Center will train all employees regarding sexual harassment and Redstone Highlands Personal Care Center 's policy prohibiting sexual harassment.
If you believe you have been discriminated against, you may contact the EEOC at (800) 669-4000. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC
Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19..-106/*.

663 U:S. E~I.&EImployment Opportunity f'
Commission
7 DATED: //3/0

DATED: \=I r7 /VL

 
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U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:06-cv-01057-TFM

CLOSED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Date Filed: 08/08/2006

v. REDSTONE HIGHLANDS PERSONAL CARE

Jury Demand: Plaintiff

CENTER

Nature of Suit: 442 Civil Rights: Jobs

Assigned to: Terrence F. McVerry

Jurisdiction: U.S. Government Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Jacqueline H. McNair Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Jacqueline.McNair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. O'Boyle Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Judith.Oboyle@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Jean Clickner Equal Employment Opportunity Commission 1001 Liberty Avenue Suite 300, Liberty Center Pittsburgh, PA 15222 (412) 644-6439 Firm: (412) 644-4935 Email: jean.clickner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Intervenor Plaintiff REYES M. LiVECCHI
V. Defendant REDSTONE HIGHLANDS PERSONAL CARE CENTER doing business as REDSTONE HIGHLANDS

represented by James W. Carroll, Jr. Rothman, Gordon, Foreman & Groudine 310 Grant Street Grant Building, 3rd Floor Pittsburgh, PA 15219 (412) 338-1117 Email: JWCarroll@rothmangordon.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David T. Cofer 215 Chestnut Street Latrobe, PA 15650 (724) 537-2620 Email: indrelhewitt@aol.com ATTORNEY TO BE NOTICED

Date Filed 08/08/2006
08/08/2006 08/21/2006
08/23/2006 09/21/2006 09/21/2006 09/22/2006

#

Docket Text

1 COMPLAINT against REDSTONE HIGHLANDS PERSONAL CARE CENTER, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet Page 1, # 2 Civil Cover Sheet Page 2, # 3 Summons)(tt) (Entered: 08/09/2006)

Summons Issued as to REDSTONE HIGHLANDS PERSONAL CARE CENTER. (tt) (Entered: 08/09/2006)

2 Stipulation for Extension of Time to Answer by REDSTONE HIGHLANDS PERSONAL CARE CENTER. Answer due from REDSTONE HIGHLANDS PERSONAL CARE CENTER on 9/25/2006. (Cofer, David) Modified on 8/22/2006 to correct typo (ksa). (Entered: 08/21/2006)

3 AFFIDAVIT of Service for Complaint and Summons served on John Dickson on 08/16/2006, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 08/23/2006)

4 ANSWER to Complaint by REDSTONE HIGHLANDS PERSONAL CARE CENTER.(Cofer, David) (Entered: 09/21/2006)

5 Disclosure Statement by REDSTONE HIGHLANDS PERSONAL CARE CENTER.. (Cofer, David) (Entered: 09/21/2006)

6 MOTION to Intervene As Of Right by Reyes M. LiVecchi. (Attachments:

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09/25/2006
09/25/2006 09/26/2006
09/29/2006 10/03/2006
10/20/2006 10/24/2006 10/26/2006 10/27/2006
11/01/2006

# 1 Exhibit 1 # 2 Proposed Order)(Carroll, James) Modified on 9/25/2006 to correct typo (ksa). (Entered: 09/22/2006)
TEXT ORDER Response/Briefing Schedule re 6. Counsel for Plaintiff and Defendant shall file a response to the pending Motion to Intervene on or before October 3, 2006. Signed by Judge Terrence F. McVerry on 9/25/06. Text only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (cc) (Entered: 09/25/2006)
7 RESPONSE to Motion re 6 MOTION to Intervene As Of Right filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 09/25/2006)
8 ORDER/INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE: Case Management Conference set for 10/27/2006 11:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 9/26/2006. (Attachments: # 1 Exhibit 26(f) Report)(kll) (Entered: 09/26/2006)
9 RESPONSE to Motion re 6 MOTION to Intervene As Of Right filed by REDSTONE HIGHLANDS PERSONAL CARE CENTER. (Cofer, David) (Entered: 09/29/2006)
10 ORDER granting 6 Motion to Intervene. Reyes M. LiVecchi shall file and serve upon counsel for Defendant, the Complaint in Intervention set forth as Exhibit 1 of her Motion within 20 days of this Order (10/23/2006). Signed by Judge Terrence F. McVerry on 10/3/2006. (kll) (Entered: 10/03/2006)
11 Intervenor COMPLAINT, filed by REYES M. LiVECCHI.(Carroll, James) (Entered: 10/20/2006)
12 REPORT of Rule 26(f) Planning Meeting. (Carroll, James) (Entered: 10/24/2006)
TEXT NOTICE of Hearing: Case Management Conference TIME reset for 10/26/2006 01:00 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll) (Entered: 10/26/2006)
Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Case Management Conference held on 10/27/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter None.) (kll) (Entered: 11/01/2006)
13 CASE MANAGEMENT/SCHEDULING ORDER: Exchange of required Rule 26(a)(1) information due by 11/13/2006. Amended Pleadings due by 5/2/2007. Joinder of Parties due by 11/27/2006. Discovery due by 6/1/2007. Plaintiffs Expert Reports due by 3/1/2007. Defendants Expert Reports due by 4/1/2007. All Expert Depositions to be completed by 5/1/2007. Post Discovery Status Conference set for 6/1/2007 at 8:30 AM

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11/01/2006 11/06/2006 11/07/2006 11/08/2006 11/09/2006 11/17/2006
11/20/2006 12/14/2006
01/08/2007 01/09/2007

in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 11/1/06. (cc) (Entered: 11/01/2006)
14 ORDER REFERRING CASE to Mediation. The parties shall agree on the selection/appointment of a neutral mediator. Not later than November 15, 2006, lead counsel shall file with the Court a notice of the date, time and location of the initial ADR Conference. Signed by Judge Terrence F. McVerry on 11/1/06. (cc) (Entered: 11/01/2006)
15 ANSWER to Complaint by REDSTONE HIGHLANDS PERSONAL CARE CENTER.(Cofer, David) (Entered: 11/06/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE re 15 Answer to Complaint. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ksa) (Entered: 11/07/2006)
16 Errata by REDSTONE HIGHLANDS PERSONAL CARE CENTER Reason for Correction: signature error. (Cofer, David) Modified on 11/9/2006 document linkage corrected, Document linked to document 15 (ksa). (Entered: 11/08/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE re 16 Errata ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) (Entered: 11/09/2006)
17 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 11/29/2006 09:30 AM(Hornak, Mark) (Entered: 11/17/2006)
18 STIPULATION selecting ADR process by REYES M. LiVECCHI, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, REDSTONE HIGHLANDS PERSONAL CARE CENTER(Carroll, James) (Entered: 11/20/2006)
19 REPORT of Mediation: Settlement has been reached. Amount of discovery conducted: None For cases participating in the Court's ADR pilot project, the parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 11/29/2006.(Hornak, Mark) (Entered: 12/14/2006)
20 CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 01/08/2007)
21 Approved Consent Decree. Signed by Judge Terrence F. McVerry on

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01/18/2007 01/19/2007

1/9/2007. (kll) (Entered: 01/09/2007)
22 STIPULATION of Dismissal With Prejudice by REYES M. LiVECCHI, REDSTONE HIGHLANDS PERSONAL CARE CENTER. (Carroll, James) (Entered: 01/18/2007)
TEXT ORDER granting 22 Stipulation of Dismissal with prejudice filed by REDSTONE HIGHLANDS PERSONAL CARE CENTER, REYES M. LiVECCHI. Signed by Judge Terrence F. McVerry on 1/19/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter.(kll) (Entered: 01/19/2007)

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