IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

FILED
DEC 1 2 2005

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

PlaintITf,

)

)

GEORGE CLARK, JR., RICKEY JOHNSON, )

and JAMES MEIER,

)

)

Plaintiffsllntervenors,

)

)

vs.

)

)

SARA LEE CORPORATION, d/b/a

)

SARA LEE BAKERY GROUP,

)

)

Defendant.

)

CIVIL ACTION NO. 06-4176 INTERVENORS' COMPLAINT Jury Trial Demanded

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, SDCL Chapter 20-12 on Human Rights, and other tort actions under South Dakota law to correct unlawful employment practices on the basis of constructive wrongful termination, retaliation, intentional infliction of emotional distress, inter alia on the basis of race, in that Plaintiffs were denied promotions because of their race, and then suffered retaliation for bringing their complaints.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,
1337, 1343, and 1345. This action by the Plaintiffs/Intervenors is authorized and instituted pursuant to Section 706 (f)(1) ofTitle VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e-5(f)(1). This Court has supplemental jurisdiction,

pursuant to 28 U.S.C. 1367, to address violations of Intervenors' pendant claims under South Dakota law.
2. The employment practices alleged to be unlawful have been committed within the jurisdiction of the United State District Court for the Southern District of South Dakota.
PARTIES 3. The Equal Employment Opportunity Commission (the "EEOC"), is the agency of the United State of America charged with administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action. The EEOC filed suit in U.S. District Court on September 26, 2006. 4. Plaintiffs/Intervenors, George Clark, Jr., Rickey Johnson, and James Meier are African Americans who were employed by Defendant Sara Lee Corporation d/b/a Sara Lee Bakery Group in Sioux Falls, South Dakota, at all relevant times under the definitions of Title VII and South Dakota law. 5. At all relevant times, the Defendant Sara Lee Corporation has continuously been a foreign corporation doing business in the State of South Dakota and the City of Sioux Falls, and has continually had at least 15 employees. 6. At all relevant times, the Defendant has continuously 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 (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Intervenors filed charges with the EEOC, alleging violation of Title VII by Defendant. The EEOC issued a determination that Defendant had discriminated against Plaintiff/Intervenor James

Meier on May 31, 2005, and against Plaintiffs/Intervenors Rickey Johnson and George Clark, Jr. on June 5, 2006 by subjecting them to racial discrimination. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Defendant subjected Plaintiffs/Intervenors to racial discrimination by excluding them from supervisory jobs and giving those jobs to workers who were not African American, but who also were less qualified; Defendant further punished Plaintiffs for contacting Defendant's Human Resources Department, in addition to contacting the Union and governmental entities. With respect to Plaintiffs Johnson and Meier, Defendant placed another supervisor who was selling illegal drugs and asking Johnson and Meier to sell drugs that the supervisor wanted to supply. Plaintiffs refused and reported the requests to Defendant's management. Defendant retaliated by allowing the supervisor to create a hostile work environment for Meier and Johnson, resulting in constructive discharge and ultimately causing them severe emotional distress.
COUNT I 9. Defendant's actions and omissions constitute unfair and discriminatory practice and employment as defined under SDCL Chapter 20-13. 10. That unlawful employment actions of Defendant have proximately caused and will continue to cause loss of employability, emotional distress and loss of enjoyment of life. 11. That Defendant Sara Lee is responsible for the acts of their supervisors by reasons of respondeat superior under South Dakota law.
COUNT II 12. That as a result of Defendant's unlawful actions and omissions,

Plaintiffs/Intervenors came under severe emotional distress, requiring medical and clinical treatment.
13. That Defendant's acts were deliberate, willful and wanton, with the intent of causing Plaintiffs/lntervenors severe emotional distress under South Dakota law.
14. That Defendant's actions were the legal cause of psychological injury, requiring extensive care and treatment for the Plaintiffs/lntervenors.
15. That Defendant's acts were malicious, fraudulent and oppressive, giving rise to a claim for punitive damages to Plaintiffs/lntervenors.
COUNT III 16. That Defendant's actions constitute deceit within the meaning of SDCL § 20-10-1 and 20-10-2. 17. That Defendant's actions also constitute deceit within intent to defraud a particular class of persons under SDCL § 20-10-3. 18. That Defendant's actions were the legal cause of wages, employability, mental anguish and severe emotional distress, severe and permanent injuries, including medical, hospital and therapeutic treatment, pain and suffering and loss of enjoyment of life. 19. That Defendant's combined actions were malicious, fraudulent and oppressive from which Plaintiffs/lntervenors have a claim for punitive damages under South Dakota law.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs/lntervenors respectfully request that this Court:

(a) Order Defendant to pay for actual damages for past and future pecuniary losses, severe and permanent injuries, medical, hospital and therapeutic treatment and expense, permanent disability, and loss of earnings.
(b) Order Defendant to pay for damages for emotional distress, pain and suffering, and loss of enjoyment of life.
(c) Order Defendant to pay punitive damages under South Dakota law in an amount to be determined at trial. Plaintiffs/Intervenors request a separate hearing for discovery and trial of punitive damages under SDCL § 21-14.1.
(d) Order Defendant to pay for Plaintiffs/Intervenors' attorney fees and costs under state and federal law.
(e) Order such other and further relief as the Court may deem just and equitable.
Dated at Sioux Falls, South Dakota this 1ih day of December, 2006.
HOY TRII-\lv,/..-t:J-\7'ZOF LCe.
. Hoy . Russell Stree Falls, SO 5710 (60 334-8900 On of the Attorneys for PlaintiffS/Intervenors

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

FILED
SEP 26 2006

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

~f~f~

Plaintiff,

) )

oro CIVIL ACTION NO. -L/11it?

)

v.

)

)

SARA LEE CORPORATION, d/b/a

)

SARA LEE BAKERY GROUP,

)

COMPLAINT

)

Defendant.

)

)

Jury Trial Demanded

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 reliefto employees denied promotions because they are black,

including James Meier, Rickey Johnson, and George Clark, Jr. The EEOC alleges that

Sara Lee Corporation, d/b/a Sara Lee Bakery Group (hereinafter "SLBG" or "Employer")

denied promotions to foremen positions to black employees because of their race. JURISDICTION AND VENUE
I. 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 Sections 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and -6 ("Title VII").

1

2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for South Dakota.
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, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e5(f)(1) and (3) and -6. 4. At all relevant times, Defendant Employer SLBG has continuously been doing business in the State of South Dakota and the City of Sioux Falls, 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) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, James Meier, Rickey Johnson, and George Clark, Jr. filed charges with the Commission alleging violations of Title VII by Defendant Employer SLBG. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. Since at least 2003, Defendant Employer has engaged in unlawful employment practices at its Sioux Falls facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Defendant Employer failed and refused to promote its black employees to positions of foremen because of their race. Specifically, Defendant Employer failed and refused to promote James Meier, Rickey Johnson, and George Clark, Jr., and other persons similarly situated, because of their race, black.
8. The effect of the practice(s) complained of in paragraph(s) above has been to deprive James Meier, Rickey Johnson, and George Clark, Jr., and other persons similarly situated of equal employment opportunities and otherwise adversely affect their status as employees, because of their race.
9. The unlawful employment practices complained of above were and are intentional.
10. The unlawful employment practices complained of in paragraphs above were and are done with malice or with reckless indifference to the federally protected rights of James Meier, Rickey Johnson, and George Clark, Jr., and others similarly situated.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from
3

engaging in discrimination with respect to promotions and any other employment practice which discriminates on the basis of race.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African-Americans, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole James Meier, Rickey Johnson, and George Clark, Jr. and others similarly situated, by providing appropriate backpay 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 promotion.
D. Order Defendant Employer to make whole James Meier, Rickey Johnson, and George Clark, Jr. and others similarly situated, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
E. Order Defendant Employer to make whole James Meier, Rickey Johnson, and George Clark, Jr. and others similarly situated by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, and humiliation, in amounts to be determined at trial.
4

F. Order Defendant Employer to pay James Meier, Rickey Johnson, and
George Clark, Jr. and others similarly situated punitive damages for its malicious and
reckless conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the
public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its
complaint. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L Street, N.W. Washington, D.C. 20507

k. rj~ Dated:

aD 6

I

5

Dated: [-2 7. - 0 4

ssociate Regional Attorney
Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550

Dated: ---I7L--cf=--S-_-""-O..JO<C,'---_

t-tfJd.'N-.Y..:LJ.~~~+-­ LAURIE A. VASICHEK(#0171438) Senior Trial Attorney
Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

GEORGE CLARK, JR., RICKEY

)

JOHNSON, and JAMES MEIER,

)

)

Plaintiff/Intervenors,

)

v.

)

)

SARA LEE CORPORATION, d/b/a

)

SARA LEE BAKERY GROUP,

)

)

Defendant.

)

)

CIVIL ACTION NO. 06-4176
EEOC’s 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 employees denied promotions because they are black,

including James Meier and George Clark, Jr. The EEOC alleges that Sara Lee

Corporation, d/b/a Sara Lee Bakery Group (hereinafter “SLBG” or “Employer”) denied

promotions to foremen positions to black employees because of their race.

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 Sections

1

706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and -6 (“Title VII”).
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for South Dakota.
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, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e5(f)(1) and (3) and -6. 4. At all relevant times, Defendant Employer SLBG has continuously been doing business in the State of South Dakota and the City of Sioux Falls, 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 (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, James Meier and George Clark, Jr. filed charges with the Commission alleging violations of Title VII by Defendant Employer SLBG. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. Since at least 2003, Defendant Employer has engaged in unlawful employment practices at its Sioux Falls facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Defendant Employer failed and refused to promote its black employees to positions of foremen because of their race. Specifically, Defendant Employer failed and refused to promote James Meier and George Clark, Jr., and other persons similarly situated, because of their race, black.
8. The effect of the practice(s) complained of in paragraph(s) above has been to deprive James Meier and George Clark, Jr., and other persons similarly situated of equal employment opportunities and otherwise adversely affect their status as employees, because of their race.
9. The unlawful employment practices complained of above were and are intentional.
10. The unlawful employment practices complained of in paragraphs above were and are done with malice or with reckless indifference to the federally protected rights of James Meier and George Clark, Jr.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination in denying promotions and any other employment practice which discriminates on the basis of race.
3

B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African-Americans, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole James Meier and George Clark, Jr. and others similarly situated, by providing appropriate backpay 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 hiring, promotion.
D. Order Defendant Employer to make whole James Meier and George Clark, Jr. and others similarly situated, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
E. Order Defendant Employer to make whole James Meier and George Clark, Jr. and others similarly situated by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay James Meier and George Clark, Jr. and others similarly situated punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
4

G. Grant such further relief as the Court deems necessary and proper in the
public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its
complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L Street, N.W. Washington, D.C. 20507

Dated: June 29, 2007

s/John C. Hendrickson/LAV JOHN C. HENDRICKSON Regional Attorney
JEAN P. KAMP Associate Regional Attorney
Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550
5

Dated: 6/29/07

s/Laurie A. Vasichek LAURIE A. VASICHEK (#0171438) Senior Trial Attorney
Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

6

 
 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

FILED
JUl 20 2001

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

~ ~Q-~ l I.~

)

Plaintiff,

)

and

)

)

GEORGE CLARK, JR., RICKEY JOHNSON, )

and JAMES MEIER,

)

Civil No. 06-4176 LLP

P laintiffslIntervenors,
v.

)

)

)

)

PROTECTIVE ORDER

SARA LEE CORPORATION, d/b/a SARA LEE BAKERY GROUP,

)

FOR CONFIDENTIALITY

)

)

)

Defendant.

)

)

TillS CAUSE COMING on to be heard on the agreed motion of the parties for a

Protective Order pursuant to Rule 26(c) of the Federal Rules ofCivil Procedure, due cause

having been shown and all parties of record being in agreement, and the court being advised as to

the need for a protective order:

IT IS HEREBY ORDERED that the use, safekeeping, and disclosure ofall documents

produced by the parties or their agents shall be governed by the following terms and conditions:

1. The term "document" shall be interpreted broadly and shall include all material

encompassed by Rules 33 and 34 of the Federal Rules of Civil Procedure, including but not

limited to how the parties have defined the term document in discovery; all means by which

information is recorded or stored in tangible, electronic, mechanical or electrical form of

representation; all materials on or in computer tapes, discs or memory and back-up copies and

"deleted" files on a computer or computer storage device or media.

DN: 320416 Vcr: 2

2. The term "Confidential Document(s)," as used in this order, shall mean documents produced by Defendant which contain confidential trade or business data, financial information or personal information such as information related to its current or former personnel that includes employee salaries or discipline or documents revealing the social security numbers, tax information, medical or psychological treatment and diagnosis information, unpublished phone or address information or citizenship information concerning current or former employees of Defendants. Confidential Document(s) shall also mean documents produced by Plaintiff relating to individual's tax returns, income and expenses, medical or psychological treatment and diagnosis. Protected documents shall be marked as "Confidential" by the party producing them before they will be considered Confidential Document(s). Ifdocuments considered Confidential Document(s) are obtained in discovery from a third party, the party seeking confidential designation shall make such a declaration in writing within twenty (20) days ofreceiving such documents or the entry of this order, whichever is later. Confidential Document(s) protected from disclosure by this order shall include all portions of transcripts of deposition testimony reflecting the substance of the information contained in the Confidential Document(s). In the event that any party receiving documents objects to the document being marked or designated Confidential, the party objecting to the designation shall give written notice of the objection to the party making the designation. It will then become the burden of the party making the designation to file a motion to demonstrate before the court "good cause" for the protection sought under this order, as required under Fed. R. Civ. P. 26(c). Any such motion must be brought within fifteen (15) days ofthe producing party's receipt of the written objection to the confidential designation, or the documents objected to will no longer be deemed Confidential Document(s) under this order.
DN; 320416 Ver: 2

3. The term "disclose" shall mean to divulge, reveal, describe, paraphrase, quote,
transmit, disseminate, or otherwise communicate infonnation, whether or not pursuant to request, interrogatory or process, and whether or not in accordance with the Federal Ru1es of Civil Procedure or local court rules or otherwise.
4. It shall be the responsibility of the attorneys receiving Confidential Document(s) to ensure strict compliance with the provisions of this Order and it shall further be the responsibility of these attorneys to take an reasonable and proper steps to ensure that this Order and all provisions thereof are made known to any person who shall examine Confidential Document(s) as provided herein.
5. Confidential Document(s) shall be used by the party or their counsel receiving the same solely for the purposes of this litigation and not for any other purpose except as required by law. All Confidential Document(s), copies of the same and infonnation contained therein shall be kept by the party and their counsel receiving the documents in a place appropriately safe given its confidential status. Confidential Document(s), copies of the same and infonnation contained therein may be disclosed by the party receiving the same, or their counsel, subject to the tenns of this order, only to the extent necessary for conducting this litigation and only to the following persons:
a. The parties and attorneys of record for the parties to this litigation along with their duly authorized legal, paralegal, administrative, secretarial or stenographic employees or contractors; b. Any potential witness or other person whose testimony is taken or may be taken in this litigation and who has agreed to be bound by the provisions of this Order;
DN: 320416 Ver: 2

c. Independent and consulting experts retained by either party in this case and who have agreed to be bound by the provisions of this Order; and d. Stenographic reporters recording testimony in this litigation, jurors, and the court and court personnel before which it is pending. 6. Counsel for any party or for a witness may orally on the record designate deposition testimony or exhibits as Confidential Document(s) during the course of a deposition in which case the court reporter shall place such exhibits and the transcription of the testimony so designated in a separate volume marked Confidential Document(s). The parties and deponents may, within 10 days after receiving a deposition transcript, designate pages of the transcript (and exhibits thereto) as Confidential Document(s). Confidential Document(s) may be used by a receiving party to examine a witness at a deposition only if the witness is an authorized person to receive such Confidential Document(s). Any person who is otherwise present at the deposition shall be excused from that portion of the deposition that the attorney for a party or witness designates contains Confidential Document(s) ifthe person is not an authorized person to whom such Confidential Document(s) may be disclosed. Any deposition exhibit or testimony portion so designated shall not be filed with the court except in accordance with paragraph 7 of this order. 7. All motions, briefs, discovery requests and responses, exhibits, deposition transcripts, and other documents or papers which produce, summarize or otherwise contain any Confidential Document(s) designated as Confidential Document(s) by a party, if filed with the court, shall be filed in a sealed envelope which shall be labeled with the caption of this action, a description of the contents ofthe envelope, and the following (or an equivalent) statement: RESTRICTED - THIS ENVELOPE CONTAINS INFORMATION SUBJECT TO A PROTECTIVE ORDER ENTERED BY THE COURT IN TillS ACTION, AND IS NOT TO BE OPENED NOR THE
ON: 32()416 Vcr. 2

CONTENTS, DISPLAYED OR REVEALED EXCEPT BY ORDER OF THE COURT.
Such Confidential Docwnent(s) shall be kept sealed by the clerk of the court with access only to the court and its employees and counsel for the parties. Confidential portions ofpapers filed in court may be separately filed in a sealed envelope, with the rest of the papers unsealed. Copies of papers to be filed in court shall not contain the social security nwnber of any individual unless the social security nwnber has first been redacted. A party which wishes to prohibit the filing of any docwnent with the Court unless under seal shall specifically move the Court for such an order upon showing of good cause for such an order.
8. Except as required by law, if counsel for Plaintiff or Defendant deems it necessary in litigating this action to disclose any Confidential Docwnent(s) to any person or entity other than those described in Paragraph 5, with or without the agreement of the opposing party, counsel shall propose a modification of this Order to the Court. Nothing in this paragraph shall relieve the parties of their obligations to confer with opposing counsel regarding the proposed modification, as required by the governing Court rules.
9. Before disclosing Confidential Docwnent(s) to any authorized person in the categories stated in ~~5(b), 5(c), and third party contractors listed in ~5(a) who are not otherwise authorized persons, counsel for the party making such disclosure shall provide each such person with a copy of this order, shall advise each such person not to disclose any Confidential Docwnent(s) to any other person and that violation of this protective order will subject such person to the sanctions of this court, and each such person shall agree in writing to comply with the terms ofthis order in the form of the exhibit to this order. The original acknowledgments shall be maintained by the attorney for the party who disclosed the Confidential Docwnent(s) to the person. This order shall bind all parties whether or not an agreement in writing is obtained.
DN: 320416 Vcr: 2

Ifthe witness declines to sign the acknowledgment, the parties shall cooperate in presenting the matter to the court for resolution.
10. When documents, testimony, or other Confidential Document(s) is sought in discovery in this action from a person (including any business entity) who is not a party, any party who has a claim of confidentiality may designate certain documents or a category of documents, and certain testimony, as Confidential Document(s) under this order and the person from whom discovery is sought may similarly make such a deSignation. Confidential Document(s) so designated shall be treated under the provisions of this order.
II. The inadvertent production of any privileged or otherwise protected Confidential Document(s), and also the inadvertent production of Confidential Document(s) without an appropriate designation of confidentiality, shall be governed by Fed. Rule ofCiv. Proc. 26(b)(5).
12. If a party produces multiple identical or substantially identical copies of a document or produces similar documents (for example similar reports for different time periods), and one has no confidential designation or a lesser restriction than the other, all identical or substantially identical documents or kind of documents shall be treated according to the most restrictive designation once the inconsistency is known. The producing party is responsible for informing all parties ofthe inconsistency. However, if the receiving party has knowledge of the inconsistency, it will inform the produciog party and comply with this paragraph.
13. The designation by a disclosing party of Confidential Document(s) is intended solely to facilitate the preparation and trial of this action and the parties shall make the designations in good faith. A party producing documents that pursuant to another party's request it designates as confidential shall not be deemed as an admission that the designated disclosure
ON: 320416 VeT: 2

constitutes or contains any Confidential Document(s). Disclosure of Confidential Document(s) is not a waiver of any right of the producing party to object to admissibility.
14. Nothing herein shall prevent a party from disclosing its own Confidential Docmnent(s) as it deems appropriate, and such disclosure shall not waive the protections of this Order with respect to any other Confidential Docmnent(s).
15. After termination of this case (by settlement, judgment or expiration of any appeal rights), or any other agreed upon date, whichever is earlier, the parties and their counsel and all other persons having possession or control of Confidential Docmnent(s) or copies thereof, shall return such material to the party producing the Confidential Docmnent(s) or destroy such materials, upon written request of the party producing the Confidential Docmnent(s). Parties requesting the return of such materials shall do so no later than thirty (30) days following the final disposition of this case or such materials will no longer be deemed Confidential Docmnent(s) under the terms of this order. Parties receiving a request for the return of such materials shall return the requested materials within fourteen (14) days of receiving the request to the other party or destroy such materials and certify to the other party that such materials have been destroyed.
16. This Order shall be without prejudice to the right of any party to oppose production of any docmnent for any lawful grounds, and nothing in this Order shaH be construed to limit any party's right to oppose discovery on any grounds that otherwise would be available. This Order shall not limit any party's right to seek further and additional protection against, or limitation upon, production or dissemination of docmnents or their contents.

SO ORDERED:
ATIEST:
JOSEPH HAAS, CLERK

nee L. Piersol
United States Judge

ON: 320416 Vcr: 2

 
 FILED Case 4:06-cv-04176-LLP Document 140 Filed 12/01/08 Page 1 of 15 PageID #: 414

DEC 0 1 2008

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

~46-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
GEORGE CLARK, JR., RICKEY JOHNSON, and JAMES MEIER,
Plaintiff-Intervenors,
v.
SARA LEE CORPORATION, d/b/a SARA LEE BAKERY GROUP,
Defendant.

Civil Action No. 06-4176 LLP CONSENT DECREE

INTRODUCTION Plaintiff Equal Employment Opportunity Commission (hereinafter the "EEOC") has instituted this action alleging that Sara Lee Corporation, d/b/a Sara Lee Bakery Group ("Sara Lee") denied James Meier and George Clark promotions to relief foreperson and foreperson because of their race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Mr. Meier, Mr. Clark and Rickey Johnson have intervened in this action as Plaintiff-Intervenors and additionally assert claims under state law. THEREFORE, upon the consent of the parties, and upon review by the Court of these terms, it is

-1 -

Case 4:06-cv-04176-LLP Document 140 Filed 12/01/08 Page 2 of 15 PageID #: 415
ORDERED, ADJUDGED, and DECREED that the following terms are approved as set forth herein: I. JURISDICTION
This Court has jurisdiction over the parties and the subject matter of this action. II. FINDINGS
A. The purposes of Title VII and public interest will be furthered by the entry of this Decree. B. The terms of this Decree constitute a fair and equitable settlement of this action. III. SCOPE By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charges that created the procedural foundation for the Complaint in this case. Sara Lee represents that it has no other charges of race discrimination pending before the EEOC related to its Sioux Falls, SD, facility other than those forming the procedural basis of this case. This Decree does not constitute an admission by Sara Lee that the EEOC's claims against it had merit. Similarly, this Decree does not constitute a concession by the EEOC as to the merits of its action. IV. TERM The Term of this decree shall be two (2) years from the Effective Date hereof. The Effective Date hereof shall be the date that the District Court enters a final order approving this Consent Decree.
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V. INJUNCTION AGAINST DISCRIMINATION AND RETALIATION Sara Lee is enjoined from discriminating against any employee or applicant because of
race. Sara Lee shall not discriminate against African-American employees based upon race in promotions. Sara Lee shall afford all African-American employees the same training and conditions of employment it affords all other employees in similar positions. Sara Lee shall not retaliate against any employee or class member for opposing matters made unlawful by Title VII, participating in investigations of complaints of discrimination, participating in the EEOC process, participating in this lawsuit or for having asserted any rights under this Decree. VI. INJUNCTION REGARDING RECORDKEEPING
Sara Lee will comply with the recordkeeping requirements set forth in Title VII and its regulations. Upon receipt of a charge of discrimination, Sara Lee shall retain all documents relevant to the charge or which it should reasonably understand are relevant to the EEOC's investigation. VII. INTERNAL COMPLAINT PROCEDURES
A. Notice to Employees Within 60 days of the entry of this Decree, Sara Lee will distribute to all its
employees in its Sioux Falls, SD, facility a notice describing the existing procedures for the reporting and investigation of claims of discrimination, harassment or retaliation. At a minimum, the notice shall:
1. specify how an employee may make a complaint internally to Sara Lee under the procedure; 2. include a provision that specifically notifies employees that they are not required to complain to their immediate supervisors or local facility supervisors
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before they use other complaint procedures, and that at any time they may make complaints of discrimination, harassment or retaliation directly to the EEOC. B. Review and Revision of Procedures Within 60 days of the entry of this Decree, Sara Lee will review its internal complaint procedures at its Sioux Falls, SD, facility for complaints of discrimination and retaliation to ensure that its policy or policies against discrimination, harassment, and retaliation and its related complaint procedures meet the following minimum criteria: 1. State that Sara Lee:
(a) prohibits discrimination against employees on the basis of race; (b) prohibits retaliation against employees for opposing employment practices that they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (c) prohibits any act, policy, or practice that has the effect of harassing or intimidating any employee on the basis of race in violation of Title VII; and (d) prohibits any act, policy, or practice that has the effect of creating, facilitating, or permitting the existence of a work environment that is hostile to employees through acts such as physical or verbal abuse and derogatory comments based on race in violation of Title VII. 2. Include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against
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discrimination, harassment and retaliation, which shall meet the following minimum criteria:
(a) provide effective mechanism(s) for reporting incidents of discrimination, harassment, and retaliation; (b) provide that complaints of discrimination, harassment, and/or retaliation can be made either in writing or verbally; (c) identify employees to whom an employee can make a complaint; (d) encourage prompt reporting by employees; (e) provide assurances that complainants shall not be subjected to retaliation; (f) provide for prompt investigation of complaints of harassment and/or retaliation; and (g) provide for discipline up to and including discharge of an employee or supervisor who violates Sara Lee's policy or policies against discrimination, harassment, and retaliation. Within 180 days of the entry of this Decree, and annually thereafter during the term of the Decree, Sara Lee will provide the EEOC with a letter from its in-house employment counsel certifying that its policies and procedures meet these minimum criteria. VIII. JOB DESCRIPTIONS FOR BREAD LINE, BUN LINE, AND DOCK FOREPERSON AND RELIEF FOREPERSON A. Sara Lee shall develop detailed job descriptions for the Relief Foreperson and Foreperson positions on the Bread Line, Bun Line and Dock in Sara Lee's Sioux Falls facility. The job descriptions shall include duties and minimum qualifications for each
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position. The job descriptions shall be developed within one hundred twenty (120) days of the Effective Date of the Decree. B. Upon adoption, the job descriptions shall be accessible to all employees in the Sioux Falls, SD, facility and shall be referenced in any Open Position Notice described in Section IX. IX. OPEN POSITION NOTICE FOR BREAD LINE, BUN LINE, AND DOCK FOREPERSON AND RELIEF FOREPERSON A. Sara Lee shall develop an Open Position Notice for the Bread Line, Bun Line and Dock Foreperson and Relief Foreperson positions. Sara Lee will conspicuously post all openings in such positions as well as any open positions for Managers using the Open Position Notice. For each opening, the Open Position Notice shall list the minimum qualifications for the position, the expected starting date, the procedure for submitting an application, the deadline for submitting the application, and the location/availability of the Job Description for the position. The Open Position Notice shall be posted for a minimum of five (5) business days in a location that is readily accessible to all employees. B. Sara Lee shall select the successful candidate for each Open Position from among Eligible Applicants. An Eligible Applicant is defined as a current Sara Lee employee who has submitted a timely application and who meets the minimum qualifications listed in the Open Position Notice. The minimum qualifications shall be those listed in the applicable job description. C. Only ifthere are no Eligible Applicants may Sara Lee fill the position with a person who did not submit a timely application. The selecting official shall document in writing the reason for the selection of a person who did not submit a timely application.
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Such documents shall be submitted to the EEOC pursuant to the reporting requirements set forth below at Section XII. D. All unsuccessful Eligible Applicants will be notified in writing of their nonselection, and if the selected candidate has been notified and agreed to take the position, the unsuccessful Eligible Applicants shall be notified of the identity of the selected candidate. Such a notification shall be before or concurrent with any announcement to the general employees of the placement. X. SUPERVISOR ACCOUNTABILITY During the duration of this Decree, Sara Lee shall promote supervisor accountability at its Sioux Falls, SD, facility by the following conduct: A. Providing anti-discrimination training as set forth in Section XI below; B. Enforcing its policy or policies against discrimination, harassment, and retaliation, including use of appropriate counseling and discipline (up to and including discharge) for all employees at the supervisor level and above who violate the policy; C. Imposing a duty on all employees at the supervisor level and above to administer their work areas to ensure compliance with Sara Lee's policy or policies against discrimination, harassment, and retaliation; D. Requiring all employees at the supervisor level and above to report any incidents or complaints of racial discrimination, harassment or retaliation of which they become aware to the human resources function at the facility or, when appropriate, to Sara Lee's Headquarters Office;
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E. Informing all employees at the supervisor level and above to comply with Sara Lee's internal document retention and destruction policies and the requirements of 42 U.S.C. § 20003-S(c), 29 C.F.R. § 1602.14, and 29 C.F.R.§ 1627.3; F. Enforcing its internal document retention and destruction policies, including use of appropriate counseling and discipline (up to and including discharge) for all employees at the supervisor level and above who violate the policies; and G. Informing all employees at the supervisor level and above that they have an obligation to ensure compliance with Sara Lee's internal document retention and destruction policies. XI. TRAINING Sara Lee shall provide training on the requirements of Title VII on the following terms: A. Within 60 days of the Effective Date of this Decree, Sara Lee shall provide annual training sessions to all of its Managers, Supervisors, Forepersons, and ReliefForepersons in its Sioux Falls, SD, facility regarding an employee's rights under Title VII, and the employer's obligations under Title VII, with an emphasis on what constitutes differential treatment of minority employees in the workplace, how to keep Sara Lee free of such forms of discrimination, and what constitutes unlawful retaliation. The first training session will be conducted through a live presentation, and will include a statement from an executive, manager, human resource, in-house employment lawyer or employee relations professional of Sara Lee emphasizing Sara Lee's commitment to prevent discrimination and harassment. Subsequent sessions can be conducted through webbased training modules, and if appropriate, can be broken up into multiple sessions.
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B. Within 60 days of the Effective Date of this Decree, Sara Lee will provide training to all managers and all employees and supervisors in its Human Resonrces Department at its Sioux Falls, SD, facility, regarding how to conduct a prompt and effective investigation into allegations, complaints, or charges of employment discrimination; regarding compliance with Sara Lee's internal document retention and destruction policies; and regarding the recordkeeping requirements of Title VII and its regulations. C. No later than 30 days prior to the first day of the proposed training, Sara Lee shall submit to the EEOC the name(s), address(es), telephone number(s), and curriculum vitae/resume(s) of its trainer(s), together with the date(s) of the proposed training sessions. Sara Lee shall provide the EEOC with copies of all pamphlets, brochnres, outlines, or other written materials provided to the participants of the training sessions. D. Within five business days after the training sessions as set forth in Section XI (A) and (B) have occurred, Sara Lee shall send a letter to the undersigned EEOC trial attorney, certifying to the EEOC that the training has taken place and that the required personnel have attended. XII. RECORDKEEPING A. Sara Lee shall maintain the following records for the term of this Decree:
1. Each complaint of any incident of race and retaliation discrimination from an applicant or employee in its Sioux Falls, SD facility. Each complaint shall be memorialized in writing, indicating the date on which the complaint was made, who made it, what was alleged, and any action that Sara Lee took to resolve the matter;
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2. Job applications, resumes, or any other form of employment inquiry for Bread Line, Bun Line or Dock Foreperson or ReliefForeperson positions at its Sioux Falls, SD facility whenever submitted to Sara Lee, whether in printed or electronic form;

3. Documents, whether in printed or electronic form, relating to the application, interviews ofjob applicants, and selection of for Bread Line, Bun Line or Dock Foreperson or ReliefForeperson positions at its Sioux Falls, SD facility; and

4. All other personnel or employment records regarding applicants for Bread Line, Bun Line or Dock Foreperson or ReliefForeperson positions at its Sioux Falls, SD facility, including (but not limited to) documents related to hiring or refusals to hire, as specified in 42 U.S.C. § 20003-8(c), 29 C.F.R. § 1602.14, and 29 C.F.R.§ 1627.3.

B. Nothing contained in this Decree shall be construed to limit any obligation that Sara Lee may otherwise have to maintain records or documents under Title VII or any other law or regulation.

XIII. POSTING AND POLICIES

A. Sara Lee shall post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation 29 C.F.R. §1601.30 in all facilities owned and operated by Sara Lee.

B.

Sara Lee shall post and cause to remain posted the Notice attached as Exhibit A

in those places in the Sioux Falls, SD facility where employee notices are generally

posted in its workplace.

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XIV. MONETARY REMEDY

A. Sara Lee agrees to pay a total of$245,000 in resolution of this matter. B. This total amount shall be distributed to James Meier, George Clark, and Rickey Johnson, and to their attorneys, pursuant to the terms separately negotiated between the counsel for Plaintiff-Intervenors and Sara Lee, and contingent upon the PlaintiffIntervenors executing a release negotiated between them. The EEOC has not reviewed, approved or disapproved the terms of the separate release.

XV. REPORTING

A. Sara Lee shall submit to the EEOC on an annual basis a certification of compliance with this Decree. The EEOC may review Sara Lee's compliance with the Decree during the term of this Decree upon written notice to Sara Lee's attorney of record at least seven (7) business days in advance of any inspection of Sara Lee's documents or premises. Upon such notice, Sara Lee shall allow representatives of the EEOC to review Sara Lee's compliance with this Decree by inspecting and photocopying relevant documents and records and inspecting their premises.

B. Annually during the term of this Decree, Sara Lee shall notifY the EEOC of any written complaints of race discrimination or retaliation relating to its Sioux Falls, SD facility, the name and address of the person making the complaint, and the disposition of the complaint. Sara Lee shall submit to the EEOC any documents that the EEOC requests relating to the complaint.

l , Dated: 'DetL!Y. \)eel 2008

a;~tUl~w Judge Lawrence P1ersol United States District Court Judge

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BY CONSENT: FOR DEFENDANT:

FOR PLAINTIFF EEOC:

Li~HanseKMirs?
Boyce, Greenfield, Pashby & Welk, L.L.P. 101 North Phillips Avenue, Suite 600 P.O. Box 5015 Sioux Falls, SD 57117-5015 (605) 336-2424
Joseph E. Tilson Michael I. Leonard Meckler Burger Tilson Marick & Pearson LLP 123 N. Wacker Drive, Suite 1800 Chicago, IL 60606 (312) 474-7900

John C. Hendrickson Regional Attorney
JeanP. Kamp Associate Regional Attorney Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street Suite 2000 Chicago, IL 60661 (800) 669-4000

Laurie A. Vasichek Minnesota Bar Number 0171438 Senior Trial Attorney Equal Employment Opportunity Commission 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

FOR CHARGING PARTY RICKEY JOHNSON:

FOR CHARGING PARTIES JAMES MEIER AND GEORGE CLARK:

Michael W. Strain Morman Law Firm 850 Main Street P.O. Box 729 Sturgis, SD 57785 (605) 347-3624

Scott G. Hoy Hoy Trial Lawyers, Prof. L.L.C. 1608 West Russell Street Sioux Falls, SD 57104 (605) 334-8900

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Case 4:06-cv-04176-LLP Document 140 Filed 12/01/08 Page 13 of 15 PageID #: 426

BY CONSENT: FOR DEFENDANT:

FOR PLAINTIFF EEOC:

Lisa Hansen Marso Boyce, Greenfield, Pashby & Welk, L.L.P. 101 North Phillips Avenue, Suite 600 P.O. Box 5015 Sioux Falls, SD 57117-5015 (605) 336-2424
Joseph E. Tilson Michael I. Leonard Meckler Burger Tilson Marick & Pearson LLP 123 N. Wacker Drive, Suite 1800 Chicago, IL 60606 (312) 474-7900

John C. Hendrickson Regional Attorney
JeanP. Kamp Associate Regional Attorney Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street Suite 2000 Chicago, IL 60661 (800) 669-4000

Laurie A. Vasichek Mirmesota Bar Number 0171438 Senior Trial Attorney Equal Employment Opportunity Commission 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

FOR CHARGING PARTY RICKEY JOHNSON:

FOR CHARGING PARTIES JAMES MEJER AND GEORGE CLARK:

Michael W. Strain Morman Law Firm 850 Main Street P.O. Box 729 Sturgis, SD 57785 (605) 347-3624

.Hoy ·al Lawyers, Prof. est Russell Stree Sio Falls, SD 57104 5) 334-8900

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BY CONSENT: FOR DEFENDANT:

FOR PLAINTIFF EEOC:

Lisa Hansen Marso Boyce, Greenfield, Pashby & Welk, L.L.P. 101 North Phillips Avenue, Suite 600 P.O. Box 5015 Sioux Falls, SD 57117-5015 (605) 336-2424
Joseph E. Tilson Michael I. Leonard Meckler Burger Tilson Marick & Pearson LLP 123 N. Wacker Drive, Suite 1800 Chicago, IL 60606 (312) 474-7900

John C. Hendrickson Regional Attorney
JeanP. Kamp Associate Regional Attorney Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street Suite 2000 Chicago, IL 60661 (800) 669-4000

Laurie A. Vasichek Minnesota Bar Number 0171438 Senior Trial Attorney Equal Employment Opportunity Commission 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

FOR CHARGING PARTY RICKEY JOHNSON:

FOR CHARGING PARTIES JAMES MEIER AND GEORGE CLARK:

Morman Law Firm 850 Main Street P.O. Box 729 Sturgis, SD 57785 (605) 347-3624

.Hoy 'a! Lawyers, Prof. est Russell Stree Sio Falls, SD 57104 5) 334-8900

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Case 4:06-cv-04176-LLP Document 140 Filed 12/01/08 Page 15 of 15 PageID #: 428

BY CONSENT: FOR DEFENDANT:

FOR PLAINTIFF EEOC:

Lisa Hansen Marso

~ erjbdwA-"-'tffi.v ohn C. Hendnckson

Boyce, Greenfield, Pashby & Welk, L.L.P.

egional Attorney

101 North Phillips Avenue, Suite 600 P.O. Box 5015

od1.f~fdu/

Sioux Falls, SD 57117-5015

Jan P. Kamp

(605) 336-2424

ssocmte Regwnal Attorney

Equal Employment Opportunity Commission

Joseph E. Tilson

Chicago District Office

Michael!. Leonard

500 West Madison Street

Meckler Burger Tilson Marick & Pearson LLP Suite 2000

123 N. Wacker Drive, Suite 1800

Chicago, IL 60661

Chicago, IL 60606 (312) 474-7900

~ ~;~L ~~0~ :=' ftke-c 9-- <2

Laurie A. Vasichek

Minnesota Bar Number 0171438

Senior Trial Attorney

Equal Employment Opportunity Commission 330 Second Avenue South, Suite~ 7~0

Minneapolis, MN 55401

(612) 335-4061

FOR CHARGING PARTY RICKEY JOHNSON:

FOR CHARGING PARTIES JAMES MEIER AND GEORGE CLARK:

Michael W. Strain Morman Law Firm 850 Main Street P.O. Box 729 Sturgis, SD 57785 (605) 347-3624

Scott G. Hoy Hoy Trial Lawyers, Prof. L.L.C. 1608 West Russell Street Sioux Falls, SD 57104 (605) 334-8900
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South Dakota District Court Version 1.1 LIVE DATABASE
U.S. District Court District of South Dakota (Southern Division) CIVIL DOCKET FOR CASE #: 4:06-cv-04176-LLP

PROTO,CLOSED

Equal Employment Opportunity Commission v. Sara Lee Corporation Assigned to: U. S. District Judge Lawrence L. Piersol Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/26/2006 Date Terminated: 12/01/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jean P. Kamp Equal Employment Opportunity Commission Chicago District Ofﬁce 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7719 Fax: (312)353-8555 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

https://ecf.sdd.uscourts.gov/cgi-bin/DktRpt.pl?104880474349879-L_1_0-1

Laurie A. Vasichek Equal Employment Opportunity Commission Minneapolis Area Ofﬁce 330 Second Avenue South Suite 720 Minneapolis, MN 55401 (612) 335-4061 Fax: (612) 335-4044 Email: laurie.vasichek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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V. Intervenor Plaintiff George Clark, Jr.
Intervenor Plaintiff Rickey Johnson
Intervenor Plaintiff James Meier

represented by Scott G. Hoy Hoy Trial Lawyers, Prof. L.L.C. 901 West 10th Street, Suite 300 Sioux Falls, SD 57104-3519 334-8900 Fax: 338-1918 Email: scott@hoylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Scott G. Hoy (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W. Strain Strain Morman Law Firm 1134 Main Street PO Box 729 Sturgis, SD 57785 (605) 347-3624 Fax: (605) 347-2091 Email: mike@mormanlaw.com ATTORNEY TO BE NOTICED
represented by Scott G. Hoy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Sara Lee Corporation doing business as Sara Lee Bakery Group

represented by Donald M. Lewis Nilan Johnson & Lewis PA Canadian Paciﬁc Plaza 120 South Sixth Street, #400 Minneapolis, MN 55402 (612) 305-7518 Fax: (612) 305-7501 Email: dlewis@nilanjohnson.com TERMINATED: 04/22/2008 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

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Joseph E. Tilson Meckler Bulger & Tilson LLP Suite 1800 123 North Wacker Drive Chicago, IL 60606 (312) 474-7900 Email: joe.tilson@mbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie M. Connolly Nilan Johnson & Lewis PA Canadian Paciﬁc Plaza 120 South Sixth Street, #400 Minneapolis, MN 55402 (612)204-4130 Email: kconnolly@halleland.com TERMINATED: 04/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. Lindsey Nilan Johnson & Lewis PA Canadian Paciﬁc Plaza 120 South Sixth Street, #400 Minneapolis, MN 55402 (612)573-2959 Email: klindsey@halleland.com TERMINATED: 04/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Hansen Marso Boyce Greenﬁeld Pashby & Welk, LLP PO Box 5015 Sioux Falls, SD 57117-5015 336-2424 Fax: 334-0618 Email: lkmarso@boycelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael I. Leonard Meckler Bulger & Tilson LLP Suite 1800 123 North Wacker Drive Chicago, IL 60606 (312) 474-7900 Email: michael.leonard@mbtlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

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Date Filed

# Docket Text

South Dakota District Court Version 1.1 LIVE DATABASE

09/26/2006

1 COMPLAINT with Jury Demand, ﬁled by Equal Employment Opportunity Commission. (SKM) (Entered: 09/26/2006)

09/26/2006

2 CIVIL COVER SHEET (SKM) (Entered: 09/26/2006)

10/13/2006

3 NOTICE of Appearance by Lisa Hansen Marso on behalf of Sara Lee Corporation (Marso, Lisa) (Entered: 10/13/2006)

10/13/2006

4 NOTICE by Sara Lee Corporation Notice of Lawsuit and Request for Waiver of Service of Summons (Marso, Lisa) (Entered: 10/13/2006)

10/13/2006

5 CERTIFICATE OF SERVICE by Sara Lee Corporation re 3 Notice of Appearance, 4 Notice (Marso, Lisa) (Entered: 10/13/2006)

10/25/2006

6 CORPORATE Disclosure Statement by Defendant Sara Lee Corporation. (Marso, Lisa) (Entered: 10/25/2006)

11/02/2006

7 MOTION for attorney Katie M. Connolly to Appear Pro Hac Vice by Sara Lee Corporation. (Marso, Lisa) (Entered: 11/02/2006)

11/02/2006

8 MOTION for attorney Donald M. Lewis to Appear Pro Hac Vice by Sara Lee Corporation. (Marso, Lisa) (Entered: 11/02/2006)

11/02/2006

9 MOTION for attorney Kevin M. Lindsey to Appear Pro Hac Vice by Sara Lee Corporation. (Marso, Lisa) (Entered: 11/02/2006)

11/06/2006

10 ORDER granting 9 Motion for Attorney Kevin M. Lindsey to appear Pro Hac Vice. Signed by Judge Lawrence L. Piersol on 11/6/06. (SKM) (Entered: 11/06/2006)

11/06/2006

11 ORDER granting 8 Motion for Attorney Donald M. Lewis to appear Pro Hac Vice. Signed by Judge Lawrence L. Piersol on 11/6/06. (SKM) (Entered: 11/06/2006)

11/06/2006

12 ORDER granting 7 Motion for Attorney Katie M. Connolly to appear Pro Hac Vice. Signed by Judge Lawrence L. Piersol on 11/6/06. (SKM) (Entered: 11/06/2006)

11/15/2006

14 PRO HAC VICE fee paid by Donald M. Lewis, Kevin M. Lindsey, Katie M. Connolly (SLL, ) (Entered: 11/15/2006)

11/20/2006 15 ANSWER to Complaint by Sara Lee Corporation.(Marso, Lisa) (Entered: 11/20/2006)

12/12/2006

16 INTERVENOR COMPLAINT, ﬁled by George Clark, Jr, Rickey Johnson, James Meier. (SLL) (Entered: 12/12/2006)

12/12/2006

17 NOTICE of Appearance by Scott G. Hoy on behalf of George Clark, Jr, Rickey Johnson, James Meier (SLL) (Entered: 12/12/2006)

01/04/2007

18 ANSWER to Intervenor Complaint by Sara Lee Corporation.(Marso, Lisa) (Entered: 01/04/2007)

01/05/2007

19 MEMORANDUM OPINION AND ORDER signed by Judge Lawrence L. Piersol on 1/4/07; the briefs of plaintiff EEOC and defendant Sara Lee in response to the motion to intervene shall be due 1/18/07; reply brief of George Clark, Rickey Johnson and James Meier due 1/29/07.(SKM) (Entered: 01/08/2007)

01/18/2007

21 CONSENT to Intervention by Defendant Sara Lee Corporation. (Marso, Lisa) (Entered: 01/18/2007)

01/18/2007

22 BRIEF by Plaintiff Equal Employment Opportunity Commission re 16 Intervenor Complaint. (Attachments: # 1 Certiﬁcate of Service)(Vasichek, Laurie) (Entered: 01/18/2007)

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02/06/2007
02/23/2007 05/04/2007 05/16/2007 05/16/2007 05/18/2007
05/30/2007 05/30/2007 06/01/2007
06/01/2007 06/01/2007 06/04/2007 06/04/2007 06/06/2007 06/06/2007
06/06/2007
06/12/2007
06/12/2007

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23 ORDER granting Intervention signed by Judge Lawrence L. Piersol on 2/6/07; George Clark, Jr., Rickey Johnson and James Meier shall be allowed to intervene as plaintiffs in this case and the intervenor complaint and answer to intervenor complaint are properly ﬁled.(SKM) (Entered: 02/07/2007)
25 FORM 35 REPORT of Parties Planning Meeting. (Marso, Lisa) (Entered: 02/23/2007)
26 CERTIFICATE OF SERVICE by Sara Lee Corporation (Marso, Lisa) (Entered: 05/04/2007)
27 SUBPOENA for Darsha Tuenge/Famous Dave's Barbeque returned (Marso, Lisa) (Entered: 05/16/2007)
28 SUBPOENA for United Parcel Service, Inc. returned (Marso, Lisa) (Entered: 05/16/2007)
29 RULE 16 SCHEDULING ORDER: Discovery due by 12/17/2007; Motions due by 3/17/2008; Motion Hearing set for 5/19/2008 09:00 AM before U. S. District Judge Lawrence L. Piersol; Pretrial Conference set for 5/19/2008 09:00 AM before U. S. District Judge Lawrence L. Piersol; Jury Trial set for 6/17/2008 09:30 AM before U. S. District Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 5/18/07. (SKM) (Entered: 05/18/2007)
31 SUBPOENA for Westward Ho Country Club returned (Marso, Lisa) (Entered: 05/30/2007)
32 SUBPOENA for Central Baptist Church returned (Marso, Lisa) (Entered: 05/30/2007)
33 MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Amended Complaint)(Vasichek, Laurie) (Entered: 06/01/2007)
34 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 33 MOTION to Amend/Correct 1 Complaint (Vasichek, Laurie) (Entered: 06/01/2007)
35 SUBPOENA for John Morrell returned (Marso, Lisa) (Entered: 06/01/2007)
36 NOTICE of Appearance by Michael William Strain on behalf of Rickey Johnson (Strain, Michael) (Entered: 06/04/2007)
37 CONSENT to Motion to Amend (Doc 33) by Defendant Sara Lee Corporation. (Marso, Lisa) (Entered: 06/04/2007)
38 RESPONSE to 29 Scheduling Order, Compliance with 12 of Court's May 18, 2007 Rule 16 Scheduling Order ﬁled by Sara Lee Corporation. (Marso, Lisa) (Entered: 06/06/2007)
39 RESPONSE to 33 Motion to Amend/Correct Objection on behalf of Plaintiff/Intervenor Rickey Johnson to Proposed Amended Complaint ﬁled by Rickey Johnson. (Strain, Michael) (Entered: 06/06/2007)
40 MEMORANDUM in Opposition re 33 MOTION to Amend/Correct 1 Complaint Brief in Support of Objection on Behalf of Plaintiff/Intervenor Rickey Johnson, to Proposed Amended Complaint ﬁled by Rickey Johnson. (Strain, Michael) (Entered: 06/06/2007)
41 MEMORANDUM in Support re 33 MOTION to Amend/Correct 1 Complaint and Opposing Johnson's Objections ﬁled by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 06/12/2007)
42 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 41 Memorandum in Support of Motion to Amend Complaint and Opposing Johnson's Objections (Vasichek, Laurie) (Entered: 06/12/2007)

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43 NOTICE by Rickey Johnson Notice to Withdraw as Counsel by Scott G Hoy for Rickey Johnson (Hoy, Scott) (Entered: 06/12/2007)

06/27/2007

44 ORDER granting 33 Motion to Amend complaint; EEOC shall ﬁle the amended complaint with the Clerk without highlighting or redlining within 5 business days. Signed by Judge Lawrence L. Piersol on 6/26/07. (SKM) (Entered: 06/27/2007)

06/29/2007

46 AMENDED COMPLAINT with Jury Demand, ﬁled by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 06/29/2007)

06/29/2007

47 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 46 Amended Complaint with Jury Demand (Vasichek, Laurie) (Entered: 06/29/2007)

07/16/2007

48 Joint MOTION for Protective Order by Sara Lee Corporation. (Attachments: # 1 Exhibit 1 - Protective Order for Conﬁdentiality)(Marso, Lisa) (Entered: 07/16/2007)

07/16/2007 49 NOTICE to Take Deposition of George Clark (Marso, Lisa) (Entered: 07/16/2007)

07/16/2007

50 CERTIFICATE OF SERVICE by Sara Lee Corporation (Marso, Lisa) (Entered: 07/16/2007)

07/20/2007

51 PROTECTIVE ORDER Signed by Judge Lawrence L. Piersol on 7/20/07. (JMM) (Entered: 07/20/2007)

07/31/2007

52 Joint MOTION to Amend/Correct 29 Scheduling Order, by Plaintiff and PlaintiffIntervenors by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 07/31/2007)

07/31/2007 53 DECLARATION of Laurie A. Vasichek. (Vasichek, Laurie) (Entered: 07/31/2007)

07/31/2007

54 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered: 07/31/2007)

07/31/2007

55 RESPONSE to 52 Motion to Amend/Correct ﬁled by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/31/2007)

08/03/2007

56 AMENDED SCHEDULING ORDER: Discovery due by 3/18/2008,Motions due by 6/17/2008.,Motion Hearing set for 9/8/2008 09:00 AM in SF Courtroom 1 before U. S. District Judge Lawrence L. Piersol,Final Pretrial Conference set for 9/8/2008 09:00 AM in SF Courtroom 1 before U. S. District Judge Lawrence L. Piersol.,Jury Trial set for 10/14/2008 09:30 AM in SF Courtroom 1 before U. S. District Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 8/3/07. (JMM) (Entered: 08/03/2007)

08/06/2007

57 (Video Deposition) NOTICE to Take Deposition of Paula Peterson (Vasichek, Laurie) (Entered: 08/06/2007)

08/06/2007

58 (Video Deposition) NOTICE to Take Deposition of Jan Bundy (Vasichek, Laurie) (Entered: 08/06/2007)

08/06/2007

59 (Video Deposition) NOTICE to Take Deposition of Kevin Neuheisel (Vasichek, Laurie) (Entered: 08/06/2007)

08/06/2007

60 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 59 Notice to Take Deposition, 58 Notice to Take Deposition, 57 Notice to Take Deposition (Vasichek, Laurie) (Entered: 08/06/2007)

08/07/2007

61 Amended (Video Deposition) NOTICE to Take Deposition of Paula Peterson (Vasichek, Laurie) (Entered: 08/07/2007)

08/07/2007

62 Amended (Video Deposition) NOTICE to Take Deposition of Jan Bundy (Vasichek, Laurie) (Entered: 08/07/2007)

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63 Amended (Video Deposition) NOTICE to Take Deposition of Kevin Neuheisel (Vasichek, Laurie) (Entered: 08/07/2007)
64 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 63 Notice to Take Deposition, 61 Notice to Take Deposition, 62 Notice to Take Deposition (Vasichek, Laurie) (Entered: 08/07/2007)
65 STIPULATION and Order Regarding Release of Police Records by Sara Lee Corporation. (Marso, Lisa) (Entered: 08/15/2007)
66 ORDER re 65 Stipulation regarding release of police records ﬁled by Sara Lee Corporation directing no basis is established for the Court to issue order directing release of police records. Signed by Judge Lawrence L. Piersol on 8/20/07. (SLL) (Entered: 08/20/2007)
67 NOTICE to Take Deposition of Lori Determan by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 09/10/2007)
68 NOTICE to Take Deposition of David A. Lein by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 09/10/2007)
69 NOTICE to Take Deposition of Clint Walters by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 09/10/2007)
70 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 67 Notice to Take Deposition, 68 Notice to Take Deposition, 69 Notice to Take Deposition (Vasichek, Laurie) (Entered: 09/10/2007)
71 NOTICE to Take Deposition of Terry Olinger by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 10/10/2007)
72 NOTICE to Take Deposition of Jeff Rieger by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 10/10/2007)
73 NOTICE to Take Deposition of Kevin Smith by Equal Employment Opportunity Commission.(Vasichek, Laurie) (Entered: 10/10/2007)
74 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 73 Notice to Take Deposition, 72 Notice to Take Deposition, 71 Notice to Take Deposition (Vasichek, Laurie) (Entered: 10/10/2007)
75 SUBPOENA for Kevin Smith returned executed (SKM) (Entered: 10/19/2007)
76 MOTION to Amend/Correct 18 Answer to Intervenor Complaint, 15 Answer to Complaint by Sara Lee Corporation. (Attachments: # 1 Amended Answer to Plaintiff's Amended Complaint# 2 Amended Answer to Intervenors' Complaint)(Marso, Lisa) (Entered: 10/29/2007)
77 ORDER granting 76 Motion to Amend/Correct signed by Judge Lawrence L. Piersol on 11/7/07; defendant shall ﬁle their amended answers to the plaintiff's amended complaint and to the intervenors' complaint within 5 days of entry of this order. (SKM) (Entered: 11/07/2007)
78 Amended ANSWER to Amended Complaint by Sara Lee Corporation.(Marso, Lisa) (Entered: 11/08/2007)
79 Amended ANSWER to Intervenor Complaint by Sara Lee Corporation.(Marso, Lisa) (Entered: 11/08/2007)
80 NOTICE to Take Deposition of JAMES MEIER (Marso, Lisa) (Entered: 11/27/2007)

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81 NOTICE to Take Deposition of RICKEY JOHNSON (Marso, Lisa) (Entered: 11/27/2007)
82 STIPULATION REGARDING EXAMINATION by Sara Lee Corporation. (Marso, Lisa) (Entered: 12/04/2007)
83 ORDER RE: EXAMINATION. Pursuant to Rule 35(a) of FRCP, an examination of intervenor Rickey Johnson by Terry A. Davis, MD, FAPA, including interviews and administration of written psychological tests, shall take place on December 19, 2007, at the South Dakota state Penitentiary where Mr. Johnson is currently incarcerated. Signed by Judge Lawrence L. Piersol on 12/5/07. (DJP) (Entered: 12/05/2007)
84 MOTION for attorney Michael I. Leonard to Appear Pro Hac Vice by Sara Lee Corporation. (Marso, Lisa) (Entered: 04/08/2008)
85 MOTION for attorney Joseph E. Tilson to Appear Pro Hac Vice by Sara Lee Corporation. (Marso, Lisa) (Entered: 04/08/2008)
86 ORDER granting 84 Motion for Attorney Michael I. Leonard to appear Pro Hac Vice. Signed by U. S. District Judge Lawrence L. Piersol on 04-10-08. (CMS) (Entered: 04/11/2008)
88 ORDER granting 85 Motion for Attorney Joseph E. Tilson to appear Pro Hac Vice. Signed by U. S. District Judge Lawrence L. Piersol on 04-10-08. (CMS) (Entered: 04/11/2008)
90 PRO HAC VICE fee paid by Boyce Greenﬁeld for Michael Leonard and Joseph Tilson (SKM) (Entered: 04/14/2008)
91 MOTION to Withdraw of Defendant Counsel by Sara Lee Corporation. (Marso, Lisa) (Entered: 04/16/2008)
92 ORDER granting 91 Motion to Withdraw signed by U. S. District Judge Lawrence L. Piersol on 4/22/08; attorneys Donald Lewis, Kevin Lindsey and Katie Connolly are considered withdrawn as counsel for defendant; defendant will continue to be representend by Lisa Hansen Marso and Joseph Tilson and Michael Leonard. (SKM) (Entered: 04/23/2008)
93 Joint MOTION Modify Scheduling Order re 56 Scheduling Order, by Sara Lee Corporation. (Marso, Lisa) (Entered: 05/05/2008)
94 SECOND AMENDED RULE 16 SCHEDULING ORDER: Discovery due by 7/1/2008. Motions due by 10/17/2008. Motion Hearing set for 2/23/2009 02:30 PM before U. S. District Judge Lawrence L. Piersol. Pretrial Conference set for 2/23/2009 02:30 PM before U. S. District Judge Lawrence L. Piersol. Jury Trial set for 3/24/2009 09:30 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. Signed by U. S. District Judge Lawrence L. Piersol on 05-15-08. (CMS) (Entered: 05/15/2008)
95 SUBPOENA for Elizabeth Grace-Cruz returned (Marso, Lisa) (Entered: 06/05/2008)
96 SUBPOENA for Dressen Custom Trailers, Inc. returned (Marso, Lisa) (Entered: 06/10/2008)
97 SUBPOENA for Sioux Falls Police Department returned (Marso, Lisa) (Entered: 06/13/2008)
98 SUBPOENA for Midwest Coast Transport returned (Marso, Lisa) (Entered: 06/13/2008)
99 SUBPOENA for Arizona Department of Vocational Rehabilitation returned (Marso, Lisa)

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(Entered: 06/17/2008)
100 SUBPOENA for Western Truck School returned (Marso, Lisa) (Entered: 06/17/2008)
101 SUBPOENA for Dr. Steen Goddik returned (Marso, Lisa) (Entered: 06/17/2008)
102 SUBPOENA for Elastomer Engineering returned (Marso, Lisa) (Entered: 06/23/2008)
103 SUBPOENA for Preheim Lawn & Landscaping returned (Marso, Lisa) (Entered: 06/23/2008)
104 SUBPOENA for Nikki Johnson returned (Marso, Lisa) (Entered: 06/25/2008)
105 SUBPOENA for Sioux Falls Police Department returned (Marso, Lisa) (Entered: 06/26/2008)
106 SUBPOENA for Ofﬁcer John Matthews returned (Marso, Lisa) (Entered: 06/26/2008)
107 SUBPOENA for Ofﬁcer Steve Fiegen returned (Marso, Lisa) (Entered: 06/26/2008)
108 SUBPOENA for Sioux Falls Police Dept. (Attachments: # 1 Subpoena in a Civil Case SF Police Dept)(Hoy, Scott) Modiﬁed on 6/27/2008 (JMM). (Entered: 06/26/2008)
109 DESIGNATION of Expert Witness(es) by George Clark, Jr. (Attachments: # 1 Exhibit Ostrander Prelim Voc Evaluation 12-21-07, # 2 Exhibit Ostrander CV, # 3 Exhibit Ostrander depos)(Hoy, Scott) (Entered: 07/01/2008)
110 DESIGNATION of Expert Witness(es) by James Meier. (Attachments: # 1 Exhibit Meier Prelim Voc Evaluation 12-21-07, # 2 Exhibit Ostrander CV, # 3 Exhibit Ostrander depos) (Hoy, Scott) (Entered: 07/01/2008)
111 NOTICE to Take Deposition of Rick Ostrander (Marso, Lisa) (Entered: 07/16/2008)
112 NOTICE to Take Deposition of Jason Hayes (Marso, Lisa) (Entered: 07/22/2008)
113 SUBPOENA for Nikki Johnson returned (Marso, Lisa) (Entered: 07/25/2008)
114 MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/30/2008)
115 AFFIDAVIT of Lisa Marso re 114 MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance. (Attachments: # 1 Exhibit A - July 14, 2008 letter to Nikki Johnson)(Marso, Lisa) (Entered: 07/30/2008)
116 CERTIFICATE OF SERVICE by Sara Lee Corporation re 115 Afﬁdavit, 114 MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance (Marso, Lisa) (Entered: 07/30/2008)
117 MOTION to Expedite Response to Amended Motion to Find Nikki Johnson in Contempt and Requiring 8/11/08 Appearance by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/30/2008)
118 Amended MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/30/2008)
119 MEMORANDUM in Support re 118 Amended MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance ﬁled by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/30/2008)
120 CERTIFICATE OF SERVICE by Sara Lee Corporation re 119 Memorandum in Support of Motion, 118 Amended MOTION For Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance, 117 MOTION to Expedite Response to Amended Motion

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to Find Nikki Johnson in Contempt and Requiring 8/11/08 Appearance (Marso, Lisa) (Entered: 07/30/2008)
121 AFFIDAVIT of Service for Afﬁdavit of Lisa Marso, Motion to Expedite Response to Amended Motion to Find Nikki Johnson in Contempt and Requiring 8/11/08 Appearance, Amended Motion for Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance, and Brief in Support of Amended Motion for Order Finding Nikki Johnson in Contempt and Requiring 8/11/08 Appearance served on Nikki Johnson on July 30, 2008, ﬁled by Sara Lee Corporation. (Marso, Lisa) (Entered: 07/31/2008)
122 ORDER TO SHOW CAUSE. Documents 114 , 117 , and 118 are granted to the extent set forth in this Order. Signed by U. S. District Judge Lawrence L. Piersol on 08/05/2008. (MWT) (Entered: 08/05/2008)
Set/Reset Hearings: Show Cause Hearing set for 8/11/2008 08:30 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. (JMM) (Entered: 08/06/2008)
123 AFFIDAVIT of Beverly J. Brady. (Attachments: # 1 Exhibit A - copy of envelopes) (Marso, Lisa) (Entered: 08/08/2008)
124 NOTICE of Appearance by Lisa Hansen Marso on behalf of Sara Lee Corporation (Marso, Lisa) (Entered: 08/11/2008)
125 CERTIFICATE of Compliance by Sara Lee Corporation. (Marso, Lisa) (Entered: 08/11/2008)
126 Show Cause Hearing held on 8/11/2008 before U. S. District Judge Lawrence L. Piersol (Court Reporter Jerry May/FTR #1) (JMM) (Entered: 08/11/2008)
127 Second Amended NOTICE to Take Deposition of Sara Lee Corporation (Vasichek, Laurie) (Entered: 08/28/2008)
128 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 127 Notice to Take Deposition (Vasichek, Laurie) (Entered: 08/28/2008)
129 SUBPOENA for Karen Metzger returned (Marso, Lisa) (Entered: 09/16/2008)
130 SUBPOENA for Laura Metzger returned (Marso, Lisa) (Entered: 09/16/2008)
131 3rd Amended NOTICE to Take Deposition of Sara Lee Corporation (Vasichek, Laurie) (Entered: 09/16/2008)
132 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 131 Notice to Take Deposition of Sara Lee Corporation (Vasichek, Laurie) (Entered: 09/16/2008)
133 MOTION to Quash Depo Subpoena for Laura Metzger (Court Doc 130) by George Clark, Jr, James Meier. (Hoy, Scott) (Entered: 09/17/2008)
134 MEMORANDUM in Support re 133 MOTION to Quash Depo Subpoena for Laura Metzger (Court Doc 130) ﬁled by George Clark, Jr, James Meier. (Hoy, Scott) (Entered: 09/17/2008)
135 MEMORANDUM in Support re 133 MOTION to Quash Depo Subpoena for Laura Metzger (Court Doc 130) ﬁled by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 09/17/2008)
136 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 135 Memorandum in Support of Motion to Quash (Vasichek, Laurie) (Entered: 09/17/2008)

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137 ORDER granting 133 Motion to Quash. Signed by U. S. District Judge Lawrence L. Piersol on 9/18/08. (LMZ) (Entered: 09/18/2008)
138 PROPOSED CONSENT DECREE signed by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs George Clark, Jr, Rickey Johnson, James Meier, Defendant Sara Lee Corporation. (Attachments: # 1 Exhibit A - Notice to Employees) (CMS) (Entered: 11/26/2008)
139 MOTION to Dismiss Plaintiffs'/Intervenors' Claims by Sara Lee Corporation. (Marso, Lisa) (Entered: 12/01/2008)
140 CONSENT DECREE Signed by U. S. District Judge Lawrence L. Piersol on 12/1/08. (Attachments: # 1 Ex. A - Notice to Employees)(DJP) (Entered: 12/02/2008)
141 JUDGMENT OF DISMISSAL. The claims of Plaintiffs/Intervenors are dismissed upon their merits, with prejudice, each of the parties to bear their own costs and attorney's fees. Signed by U. S. District Judge Lawrence L. Piersol on 12/8/08. (DJP) (Entered: 12/08/2008)

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