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EQUAL EMPLOYMENT OPPORTUNITY

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No.

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TRANSIT MIX CONCRETE &

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MATERIALS COMPANY, a wholly

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owned subsidiary of TRINITY

}

INDUSTRIES, INC.

}

}

COMPLAINT

}

}

Defendant.

}

JURY TRIAL DEMAND

}

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis ofrace and to provide appropriate relief to Emmet Holmes. The Equal Employment Opportunity Commission alleges that the Defendant, Transit Mix Concrete & Materials Company, a wholly owned subsidiary of Trinity Industries, Inc., (hereinafter "Defendant"), violated Title VII when Defendant subjected Emmet Holmes to a racially hostile work environment and when Defendant failed to promote Emmet Holmes to the position of Dispatcher based upon his race, Black.

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 §§ 706(f)(1) & (3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. § 2000e-5 (f)(1) & (3) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981A. The employment practices alleged to be unlawful were and are now being committed within the State of Texas.
PARTIES 2. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by §706(f)(1) & (3) of Title VII, 42 U.S.C. § 2000e -5(f)(1) & (3). 3. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas and the Cities of Belton, Rockdale, and Temple, and has continuously had at least fifteen (15) employees. 4. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section, (g) and (h) of Title VII, 42 U.S.c. § 2000e- (b), (g) and (h).
STATEMENT OF CLAIMS 5. More than thirty days prior to the institution of this lawsuit, Emmet Holmes filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 6. Since at least June 5, 1998, the Defendant has engaged in unlawful employment
2

practices in its facilities in Belton, Rockdale, and Temple, Texas, in violation of Section 703 of Title VII, 42 U.S.c. Section 2000e-2 by subjecting Emmet Holmes to a racially hostile environment.
7. Since at least June 5, 1998, Defendant has engaged in unlawful employment practices in its facilities in Belton, Rockdale, and Temple, Texas, in violation of Section 703 of Title VII, 42 U.S.C. Section 2000e-2 by failing to promote Emmet Holmes to the position of Dispatcher, a position equivalent to Plant Manager/Batcher depending on plant site, based upon his race, Black.
8. The practices complained of above were intentional and designed to deprive Emmet Holmes of equal employment opportunities and otherwise adversely affect his status as an employee.
9. The unlawful employment practices complained of above were committed with malice or with reckless indifference to the federally protected rights of Emmet Holmes.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of race, or which facilitates, condones, or encourages employees to create a racially hostile environment. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Emmet Holmes and other employees and which eradicate the effects of its past and present unlawful employment practices.
3

C. Order the Defendant to make whole Emmet Holmes by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7, including relocation expenses.
D. Order the Defendant to make whole Emmet Holmes by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7, including, but not limited to emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial.
E. Order the Defendant to pay Emmet Holmes punitive damages for its malice or reckless indifference to Mr. Holmes' federally protected rights described above in paragraphs 6 and 7, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
4

JURY TRIAL DEMAND The Commission requests a Jury Trial on all questions of fact raised by its complaint.
Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel
~w.~ TOBY . COSTAS Acting Regional Attorney Texas State Bar No. 04855720
DAVID RIVELA Trial Attorney Texas State Bar No. 00797324 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston Street, 3rd Floor Dallas, TX 75202-4726 Phone: (214)655-3358 Fax: (214) 655-3363 (fax)
5

 
 CJL:;'T 1(""-,,,n'T'TTT.'n"'TDISTRICT OF TEXAS
FILED
IN THE UNITED STATES DISTRICT C FOR THE NORTHERN DISTRICT OF .Q.LU~"'"
DALLAS DIVISION

COURT

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

TRANSIT MIX CONCRETE &

}

MATERIALS COMPANY, a wholly

}

owned subsidiary of TRINITY

}

INDUSTRIES, INC.

}

}

}

}

Defendant.

}

}

3:01CV1885-R JURY TRIAL DEMAND

PLAINTIFF EEOC'S FIRST AMENDED COMPLAINT NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race and to provide appropriate relief to Emmet Holmes. The Equal Employment Opportunity Commission alleges that the Defendant, Transit Mix Concrete & Materials Company, a wholly owned subsidiary of Trinity Industries, Inc., (hereinafter "Defendant"), violated Title VII when Defendant subjected Emmet Holmes to a racially hostile work environment and when Defendant failed to promote Emmet Holmes to the position of Dispatcher based upon his race, Black.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 US.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to §§ 706(f)(1) & (3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 US.c. § 2000e-5 (f)(1) & (3) and Section 102 of the Civil Rights Act of 1991,42 US.c. §1981A. The employment practices alleged to be unlawful were and are now being committed within the State of Texas.
PARTIES 2. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by §706(f)(1) & (3) of Title VII, 42 U.S.c. § 2000e -5(f)(1) & (3). 3. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas and the Cities of Belton, Rockdale, and Temple, and has continuously had at least fifteen (15) employees. 4. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section, (g) and (h) of Title VII, 42 US.C. § 2000e- (b), (g) and (h).
STATEMENT OF CLAIMS 5. More than thirty days prior to the institution of this lawsuit, Emmet Holmes filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

6. Since at least June 5, 1998, the Defendant has engaged in unlawful employment practices in its facilities in Belton, Rockdale, and Temple, Texas, in violation of Section 703 of Title VII, 42 U.S.C. Section 2000e-2 by subjecting Emmet Holmes to a racially hostile environment.
7. Since at least June 5, 1998, Defendant has engaged in unlawful employment practices in its facilities in Belton, Rockdale, and Temple, Texas, in violation of Section 703 of Title VII, 42 U.S.C. Section 2000e-2 by failing to promote Emmet Holmes to the position of Dispatcher, a position equivalent to Plant ManagerlBatcher depending on plant site, based upon his race, Black.
8. The practices complained of above were intentional and designed to deprive Emmet Holmes of equal employment opportunities and otherwise adversely affect his status as an employee.
9. The unlawful employment practices complained of above were committed with malice or with reckless indifference to the federally protected rights of Emmet Holmes.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of race, or which facilitates, condones, or encourages employees to create a racially hostile environment. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Emmet Holmes and other employees and
3

which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Emmet Holmes, by
providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement of Emmet Holmes or front pay in lieu thereof.
D. Order the Defendant to make whole Emmet Holmes by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7, including relocation expenses.
E. Order the Defendant to make whole Emmet Holmes by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7, including, but not limited to emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial.
F. Order the Defendant to pay Emmet Holmes punitive damages for its malice or reckless indifference to Mr. Holmes' federally protected rights described above in paragraphs 6 and 7, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
4

JURY TRIAL DEMAND

complaint.

The Commission requests a Jury Trial on all questions of fact raised by its

Respectfully submitted,

NICHOLAS M. INZEO Acting Deputy General Counsel

~TdO-BoY~OSTWAS.6J~
Acting Regional Attorney Texas State Bar No. 04855720

DAVID RIVELA Trial Attorney Texas State Bar No. 00797324
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston Street, 3rd Floor Dallas, TX 75202-4726 Phone: (214) 655 -3358 Fax: (214) 655-3363 (fax)

5

CERTIFICATE OF SERVICE I, David C. Rivela, hereby certify that the foregoing Plaintiff EEOC's First Amended Complaint was served by personal service, addressed to:

David M. Curtis Gardere Wynne Sewell L.L.P. 3000 Thanksgiving Tower 601 Elm Street Dallas, TX 75201 (214) 741-7139 FAX

r this i/

day of October, 2001.

DAVID C. RIVELA

 
 •
IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

u.s.

COURT

NORTHERN DIStRICT OF TEXAS

FIl,ED

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

TRANSIT MIX CONCRETE &

}

MATERIALS COMPANY, a wholly owned }

subsidiary of TRINITY INDUSTRIES, INC., }

}

Defendant.

}

}

COURT By __~~~_______
. I
CIVIL ACTION NO.
3-01-CV-1885-R

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and Transit Mix Concrete & Materials Company ("Transit Mix") ("Defendant"), a wholly owned subsidiary of Trinity Industries, Inc., in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's First Amended Complaint filed on October 11,2001 (Complaint), in Civil Action No. 3-01-CV-1885-R. The Complaint is based upon a Charge of Discrimination filed by Emmet Holmes, Charging Party, against the Defendant employer.
The above-referenced Complaint alleges that the Defendant violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Emmet Holmes to a racially hostile work environment, discriminating against him because of his race, and refusing

CONSENT DECREE

PAGEl

•
to promote him to Dispatcher because of his race. Transit Mix expressly denies all of EEOC's allegations against the company and furthermore expressly denies any violations of local, state, or federal law, common or statutory, including but not limited to Title VII of the Civil Rights Act of 1964, as amended. This decree does not constitute an admission by Transit Mix of any liability or wrongdoing.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues directly or indirectly raised in EEOC Charge No. 31C 99 0393. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint.
2. The parties agree that this Consent Decree does not constitute an admission by Transit Mix of any liability or wrongdoing.
3. Nothing in this Decree shall be construed to expand, limit or reduce Defendant's obligation to comply with Title VII of the Civil Rights Act of 1964, as amended.
4. Defendant will make every reasonable effort to ensure that all duty assignments, disciplinary actions and other terms and conditions of employment shall be maintained and conducted in a manner which does not discriminate on the basis of race in violation of Title VII of the Civil Rights Act of 1964, as amended. Defendant will make every reasonable effort to maintain a workplace environment free from racial harassment and race discrimination.

CONSENT DECREE

PAGE 2

• •
'.
5. Within six months from entry of this Decree, Defendant agrees to establish a job posting system with the following provisions: all promotion vacancies shall be posted with opening and closing dates for applications. All such job postings shall be accompanied by a description of the job that includes all minimum qualifications. Defendant also agrees to establish objective selection criteria for all promotion vacancies, and also agrees to establish identifiable procedures and personnel who shall be responsible for all promotion decisions and agrees to provide a copy of these procedures to the EEOC prior to implementation and dissemination.
6. Defendant agrees to promote qualified applicants without regard to race for all promotion vacancies in the Central Texas Division of Transit Mix. After establishment of the system described in paragraph 5 above:
a. Defendant agrees to provide to the EEOC the name, race, date of promotion, and plant location for each employee promoted to the position of Batcher, Dispatcher or Plant Manager in the Central Texas Division on a quarterly basis during the pendency of this Consent Decree.
b. On a quarterly basis, during the pendency of this Consent Decree, Defendant agrees to provide to the EEOC the name, race, date of bid and plant location for each employee who bid, but was not promoted to, the position of Batcher, Dispatcher, or Plant Manager in the Central Texas Division.
c. As to any employee reported in paragraphs "a" and "b" above, the parties agree that the EEOC may request all application materials required to be

CONSENT DECREE

PAGE 3

• •
kept, interview notes if any, the identity and titles of all employees involved in the selection process, and all other materials received from the bidder, if any, and a written statement signed by corporate counsel as to all reasons for promotion and/or non-promotion. The above documents shall be sent to the EEOC within fifteen (15) business days after the date of receipt of the EEOC's written request for the information contained in this paragraph. 7. During the pendency of this Decree, Defendant Transit Mix agrees to post a notice appended hereto as Attachment "A" in conspicuous places upon the premises of all plants located in the Central Texas Division where notices to employees, applicants for employment, and trainees are customarily posted within twenty (20) days after the entry of this Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within (fourteen) 14 days after posting the notice(s). The posting of the notice(s) is to inform applicants and employees about race discrimination. 8. Defendant shall implement Equal Employment Opportunity training for all management and supervisory personnel in Transit Mix's Central Texas Division regarding policies and procedures related to racial harassment and race discrimination in the workplace. Within six months after the Consent Decree is entered, Transit Mix agrees to conduct racial harassment and race discrimination training for all such employees of Transit Mix's Central Texas Division. The training will advise such employees of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform such employees of the complaint procedure for individuals who believe they have experienced racial harassment and/or

CONSENT DECREE

PAGE 4

• •
"
race discrimination. The training will advise such employees of the consequences of violating

Title VII. The training will also include a specific discussion or instruction relating to the issue

of racial harassment and race discrimination. The training shall be at least one hour in duration.

Within ten (10) days after the training is conducted, Defendant agrees to give written notice to

the EEOC as to the date and location of the training, the name of the person providing the

training and the substance of the training.

9.

Transit Mix agrees to provide a neutral employment reference for Emmet Holmes

limited to the dates of his employment, the last position held and the last salary earned.

10. Defendant Transit Mix agrees to pay the amount of $150,000.00 to Emmet

Holmes, as they agreed, by hand delivery on or before December 24, 2001 with proof thereof

forwarded to EEOC attorney David Rivela within ten days of payment.

11. Defendant Transit Mix agrees to report to the EEOC within ninety (90) days of

entry of this Consent Decree regarding its progress towards compliance with the agreements set

forth in paragraphs 4 through 9 above.

12. All reports to the EEOC required by this Decree shall be sent to David Rivela,

Trial Attorney, EEOC, third floor, 207 S. Houston, Dallas, Texas 75202.

13. Neither the EEOC, Emmet Holmes, nor Defendant Transit Mix, shall contest the

validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this

Consent Decree and its terms or the right of either party to the Consent Decree to bring an

enforcement action upon breach of any term of this Consent Decree by either such party.

Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in

the event that Defendant Transit Mix fails to perform the promises and representations contained

CONSENT DECREE

PAGES

• •

herein. The EEOC and Defendant also reserve the right to seek contempt sanctions for non-

payment and non-compliance with this Court Order.

14. The EEOC shall not bring further suit or intervene in any suit against Defendant

based upon facts and issues raised in Mr. Holmes' charge and complaint.

15. The parties to this Consent Decree agree to bear their own costs and attorney's

fees associated with the above-referenced Complaint.

16. The term of this Decree shall be for two years.

SO ORDERED, ADJUDGED AND DECREED this
" 200~.

I.{ day of JAN.

CONSENT DECREE

PAGE 6

.",

•

•

'.

FOR THE PLAINTIFF EEOC
SUZANNE M. ANDERSON Acting Regional Attorney Texas State Bar No. 14009470
~t;J.~
TOBY W. COSTAS
Supervisory Trial Attorney Texas State Bar No. 04855720
DAVID RIVELA Trial Attorney Texas State Bar No. 00797324
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston Street 3rd Floor Dallas, Texas 75202 214) 655-3358 FAX (214) 655-3331
DALLAS 1089330vl

FOR THE DEFENDANT
GARDERE WYNNE SEWELL LLP 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201-4761 (214) 999-3000 FAX (214) 999-4667

CONSENT DECREE

PAGE 7

• •
NOTICE
1. This Notice is being posted pursuant to an agreement entered into with the U.S. Equal Employment Opportunity Commission.
2. Federal Law requires that company policy provides there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, or age (40 and above) with respect to hiring, firing, compensation, or other terms, conditions or privileges of employment.
3. Employers are obligated to follow federal law which provides employees a workplace free from racial comments, slurs, epithets or other forms of racial harassment.
4. Employers are also obligated to make all promotion decisions without regard to the employee's race.
5. Transit Mix supports and complies with such Federal Law in all respects, and will not take any action against employees because they have exercised their rights under the law.
6. Transit Mix forbids any and all racial harassment at the workplace.
An employee has the right, and is encouraged to exercise that right to report allegations of racial harassment in the workplace. An employee may do so by notifying the Human Resources Manager. Any report of such an allegation will be thoroughly investigated, with appropriate disciplinary action taken against any person(s) found to have engaged in such conduct.
Employees are required to report all race discrimination allegations to company officials. Also, employees who believe they have been subject to unlawful race discrimination may write to the Equal Employment Opportunity Commission at 207 S. Houston Street, 3rd Floor, Dallas, Texas 75202, or call the Equal Employment Opportunity Commission at 214-655-3355.

President

This notice shall remain posted until December 24, 2003.

DALLAS 1088181vl

ATTACHMENT" A"

 
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BOYLE, CLOSED, JURY, MREF
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:01-cv-01885

Equal Employment Opp v. Transit Mix Concrete Assigned to: Judge Jerry Buchmeyer Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/21/2001 Date Terminated: 12/20/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Transit Mix Concrete & Materials Company, a wholly owned subsidiary of Trinity Industries, Inc.

represented by David M Curtis Shackelford Melton & McKinley 3333 Lee Parkway Tenth Floor Dallas, TX 75219 214-780-1400 Fax: 214-780-1401 Email: dcurtis@shacklaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert L Rickman Fish & Richardson 1717 Main St Suite 5000 Dallas, TX 75201 214/292-4062 Fax: 214/747-2091 FAX Email: rickman@fr.com

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Date Filed 09/21/2001 09/21/2001 09/21/2001 09/21/2001 09/21/2001 10/11/2001 11/08/2001 11/27/2001 12/07/2001
12/07/2001
12/20/2001 12/20/2001 01/04/2002

#

Docket Text

1 COMPLAINT filed. (5) (jaw) (Entered: 09/24/2001)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (jaw) (Entered: 09/24/2001)
1 DEMAND for jury trial by plaintiff Equal Employment Opp (jaw) (Entered: 09/24/2001)
2 CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employment Opportunity Commission. (2) (jaw) (Entered: 09/24/2001)
3 SUMMONS(ES) issued for defendant Transit Mix Concrete & Material Company. (Issued 1) (jaw) (Entered: 09/24/2001)
4 FIRST AMENDED COMPLAINT by plaintiff Equal Employment Opportunity Commission , amending [1-1] complaint. (6) (jaw) (Entered: 10/11/2001)
5 WAIVER OF SERVICE Returned Executed as to Transit Mix Concrete 10/2/01 Answer due on 12/3/01 for Transit Mix Concrete (2) (cxj) (Entered: 11/09/2001)
6 ANSWER to Complaint by defendant Transit Mix Concrete (Attorney David M Curtis, Robert L Rickman). (6) (jaw) (Entered: 11/28/2001)
7 SCHEDULING ORDER setting deadline for Amending of Pleadings on 4/5/02; Discovery cutoff is 6/4/02; Deadline for Joint Submission of dispositive motions is 6/26/02; Pretrial materials are due on 10/18/02; Pretrial conference is scheduled for 10:00 a.m. on 11/1/02 ; Docket call set for four-week docket beginning on 11/4/02. See scheduling order for specifics. (Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 12/10/01 Page(s): 11 (jaw) (Entered: 12/10/2001)
7 STATUS REPORT ORDER. Joint Status report due on 2/4/02. ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 12/10/01 Page(s): 11 (jaw) (Entered: 12/10/2001)
8 MEMORANDUM DIRECTING ADMINISTRATIVE CLOSURE (jrb) (Entered: 12/21/2001)
Case closed (jrb) (Entered: 12/21/2001)
9 ORDER/CONSENT DECREE See Consent Decree for specifics. (Signed by Judge Jerry Buchmeyer ) Copies to counsel: 01/07/02 Page(s) 8 (jaw) (Entered: 01/07/2002)

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