JUN 2 3 2005
CLEMRKA.CUH.AS!.!,.DWISTDROIISC::~UR¥I>NRTTHHEEUNNOIRTETDHESRTANTDEISSTDRISICTTRIOCFTICLOLIUNROTIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

JUDGE CO"",

Plaintiff;

)

v.

) )

c"O-5C 3655

)

WEBSTER TEMPORARY SERVICES,

)

INC.,

)

JURY TRIAL DEMANDED

Defendant.

)

MAOlSTRATti JUJJUti NOLAN

)

)

-------CLJ~7t-:g,.,.so--"'7'iR C-[IO/lJ corn fLH- (IV T

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 (the

"ADA"), 42 U.S.c. § 12101 et seu., and Title I of the Civil Rights Act of 1991, to correct

unlawful employment pract.ices on the basis of a perceived disability and to provide appropriate

relief to Melvin R. Davis ("Davis"), and a class of individuals, who were adversely affected by

such practices. TI1C Commission alleges that Defendant Webster Temporary Service, Inc.

("DiOfendant") discriminated against Davis by refusing to accept his employment application and

tJIllS failing to hire him in violation of the ADA. TIle Commission also alleges that Defendant

discriminated against a class of iudividuuls based On their perceived disabilities by making

iJlljuiries that are likely to elid! infonnution about a disability prior to an otfer of employment.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343

and 1345. Tins action is authorized and instituted purSllaJU to Section 107(a) of the ADA, 42

U.S.c. § 12117(a), which incorporates by riOference Section 706(f)(I) and (3) of Title VII of the

Civil Rights Act of 1964 ("Title VII"), 42 U.S.C § 2000e-5(1)(1) and (3), and pursuant to Section 102 orthc Civil Rights Act of 1991, 42 U.S.C § 1981A.
2. TIle employment practices alleged to be unlawful were COlmTutted within the jurisdiction of the United States District Court in the Northem District of Illinois, Eastern Division.
PARTIES 3. Plaintiff U.S. Equal Employment OpPOliunity Commission (the "Commission"), is an agency of tlle United States of Atnelica charged with the administration, interpretation and "nforcement of Title I of tlle ADA and is expressly authorized to bring this action by Section 107 (a) of the ADA, 42 U.S.C § 12117(a), which incorporates by referenl'e Section 706(f)(1)und (3) ofTitie Vll, 42 U.S.c. § 2000e-5(t)(1) and (3). 4. At all relevant times Defendant Wehster Temporary Services, Iuc. ("Defendant") has ""en and is now un Illinois corporation doing business in the State of Illinois and has continuously had and docs now have at least frl'ken (15) employees. 5. At all relevant times Defendant has been an employment agency regularly undertaking wiili or without compensation to procure employees f''Jr an employer or to procure for employecs opportLmities to work for an employer and includes an agent of such person under Section 101(7) of the ADA, 42 U.S.c. § 12111(7), which incorporates byrei'ero;IKe S"dion
* 701 (c) ofTille Vll, 42 U.S.C. 2000e(c).
6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting COlmnerce under Section 102(5) of the .ADA, 42 U.S.c. § 12111(5), and S"dion 101(7) of thc ADA, 42 U.S.c. § 12111(7), which incorporates hy referenco; So;ctions
** 701(g) and (h) of Title VII, 42 U.S.c. 2000e(g) and (h).

7. At all relevant time~, Defendant has heen a covered emity under Section 101(2) of
* the ADA, 42 U.S.c. 12111(2).
STATEMENT OF CLAIMS 8. More than thuty (30) days prior to the ill8titution of thi, luwsuit, Melvin R Davis filed a charge with thc Commis~ion alleging violations of Title I of the ADA hy Defendant. An conditions precedent to the ulstitution of this lawsuit have heen fulfilled. 9. Sin~e at least June 2002, Defendant has engaged ill unlawful employment practices at its facility Ul violation of Sections 102(a), 102(h)(1) and 102(h)(6) ofthe ADA, 42 US.c. §§ 12112(a), 121 12(h)(I), 12112(h)(5) and l2112(d)(2)(A). These pra<.:tices ulClude Defendant's refusal to accept Davis' employment application and thu~ its tailure to hire him in violation of the ADA. These practices also include Defendant's practice of making inquiries to Charging Party and a class of individuals that an; likely to elidt infonnation about a disability prior to un offer employment. 10. TIle enect of the pra<.:tices complailled of has been to deprive Davis and a class of illdividuals of equal cmployment opportunities and otherwise adversely affect their employment status on thc hasis of their perceived disabilities. II. The unluwfnl employment practices complained of ahove were intentional. 12. Defendant, at all relevant times, hus aded with malice or reckless inditIerence to the federally proteded rights of Davis and a class of individuals.
PRAYER FOR RELIEF WHEREFORE, the Omunissioll respedfully prays that this Court: A. Grunt a penlliUlent illjunction cnjoining Defendant, its officers, management personnel. employees, agents, su~cessors. assigns and all persons in active concert or

participation with it, from engaging in any employment practice which discriminates on the hasis of llll individual' s p~rc~ived disability; and from retaliation against any persoll because that person has, in good faith, opposed discriminatory policies or practices, has ftled a charge with the EEOC, or because of the person's participation in, or "ooperation with, the initiation, investigation, andlor litigation of tlus case.
B. Order Defendant to institutt; and carry out policies, practices and progratm which provide equal employment opportunities to qua1itled individuals with disahilities, and which eradi<:ak the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Melvin R. Davis and a class of individuab, hy providing back pay with prejudgmellt iTlterest, in amounts to be detennined at trial, and other affll11llltive relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant to 11lllke whole Melvin R. Davis, by providing compensation for pe<:ulllary losses resulting from the unlawful employment practices described iTl paragraph 9, above, in amounts to be proved at trial.
E. Order Defendant to make whole Melvin R. Davis and a dass of individuals, by providing compensatioTl for nOH-pe"lllllary losses resulting from the unlawful practices complained of in paragraph 9 above, including pain, suffering, emotional distress, inconvt'lllence and melltal aTlguish, in amollllts to be proved at trial.
r. Order Defendant tn pay PUllltive damages for its I1lll1icio us and reckless condud, as
described in paragraph 9, in amounts to he proved at trial. G. Grant such further relief as the COllrt deenls necessary and proper.
H. Grant the Cotllmission its costs in tillS action.

JURY TRIAL DEMANDED
The Commission requests a jury trial on an questions of fact raised by the Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

Ethan M. M. Cohen AR.D.C. #6206781 U. S. Equal Ernp10yrnent
Oppoliunity Commission Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7568

)<.; l"/,,,,~
Supervisory Tri Attorney
1Jl£4t2~~

Ethan Mi"hae\ Morley CoheTl

-

Trial Attorney

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEBSTER TEMPORARY SERVICES,

)

INC. and THOMAS WEBSTER,

)

)

Defendants.

)

)

__________________________________________)

Case No. 05 C 3655 Judge Coar Magistrate Judge Nolan Jury Trial Demanded

FIRST AMENDED COMPLAINT

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 (the

“ADA”), 42 U.S.C. § 12101 et seq., and Title I of the Civil Rights Act of 1991, to correct

unlawful employment practices on the basis of a perceived disability and to provide appropriate

relief to Melvin R. Davis (“Davis”), and a class of individuals, who were adversely affected by

such practices. The Commission alleges that Defendant Webster Temporary Service, Inc.

(“Defendant”) discriminated against Davis by refusing to accept his employment application and

thus failing to hire him in violation of the ADA. The Commission also alleges that Defendant

discriminated against a class of individuals based on their perceived disabilities by making

inquiries that are likely to elicit information about a disability prior to an offer of employment.

The Commission names Thomas Webster as a defendant for relief purposes as holder of

Defendant’s assets.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court in the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff U.S. Equal Employment Opportunity Commission (the “Commission”), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107 (a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1)and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times Defendant Webster Temporary Services, Inc. (“Defendant”) has been and is now an Illinois corporation doing business in the State of Illinois and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times Defendant has been an employment agency regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such person under Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(c) of Title VII, 42 U.S.C. § 2000e(c).
2

6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 102(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
7. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
8. Thomas Webster is the owner of Defendant and received any corporate assets that existed at the time of Defendant’s dissolution.
STATEMENT OF CLAIMS 9. More than thirty (30) days prior to the institution of this lawsuit, Melvin R. Davis filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least June 2002, Defendant has engaged in unlawful employment practices at its facility in violation of Sections 102(a), 102(b)(1) and 102(b)(6) of the ADA, 42 U.S.C. §§ 12112(a), 12112(b)(1), 12112(b)(5) and 12112(d)(2)(A). These practices include Defendant’s refusal to accept Davis’ employment application and thus its failure to hire him in violation of the ADA. These practices also include Defendant’s practice of making inquiries to Charging Party and a class of individuals that are likely to elicit information about a disability prior to an offer employment. 11. The effect of the practices complained of has been to deprive Davis and a class of individuals of equal employment opportunities and otherwise adversely affect their employment status on the basis of their perceived disabilities. 12. The unlawful employment practices complained of above were intentional.
3

13. Defendant, at all relevant times, has acted with malice or reckless indifference to the federally protected rights of Davis and a class of individuals.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, management personnel, employees, agents, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of an individual’s perceived disability; and from retaliation against any person because that person has, in good faith, opposed discriminatory policies or practices, has filed a charge with the EEOC, or because of the person’s participation in, or cooperation with, the initiation, investigation, and/or litigation of this case. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities to qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Melvin R. Davis and a class of individuals, by providing 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. D. Order Defendant to make whole Melvin R. Davis, by providing compensation for pecuniary losses resulting from the unlawful employment practices described in paragraph 9, above, in amounts to be proved at trial. E. Order Defendant to make whole Melvin R. Davis and a class of individuals, by providing compensation for non-pecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including pain, suffering, emotional distress,
4

inconvenience and mental anguish, in amounts to be proved at trial. F. Order Defendant to pay punitive damages for its malicious and reckless conduct, as
described in paragraph 10, in amounts to be proved at trial. G. Order Thomas Webster to pay to Davis and the class any monies due them under
paragraphs C-F, above, up to an amount equal to the value of the corporate assets he received upon the dissolution of Webster Temporary Services, Inc.
H. Grant such further relief as the Court deems necessary and proper. I. Grant the Commission its costs in this action.
5

JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted,
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
U.S. Equal Employment Opportunity Commission
1801 “L” Street, N.W. Washington, D.C. 20507

s/ John C. Hendrickson John C. Hendrickson Regional Attorney

s/ Gregory M. Gochanour Gregory M. Gochanour Supervisory Trial Attorney

Ethan M. M. Cohen A.R.D.C. #6206781 U.S. Equal Employment
Opportunity Commission Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7568

s/ Ethan Michael Morley Cohen Ethan Michael Morley Cohen Trial Attorney

6

 
 f-\L
F , LED

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

W!1\i1 1 6 2006 ~
[YlAJ' 110 ZOOV
MICHAEL W. DOBBINS

CLERK, U.S. DISTRICT COURT

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

Case No. 05 C 3655

)

v.

)

Judge Coar

)

WEBSTER TEMPORARY SERVICES,

)

Magistrate Judge Nolan

INC. and THOMAS WEBSTER,

)

)

Defendants.

)

)

)

SETTLEMENT AGREEMENT

The United States Equal Employment Opportunity Commission ("EEOC") and Webster

Temporary Services Inc. and Thomas Webster (which, together with and on behalf of al\ their

current affiliates, related entities, parent corporations, subsidiaries, representatives, successors,

assigns, employees, agents, officers, directors, and attorneys, shall hereinafter all be collectively

referred to as "Defendants") hereby agree as follows:

Statement of Facts

I. On June 23, 2005 the EEOC filed EEOC v. Webster Temporary Services, Inc.,

Case Number 05 C 3655, on behalf of Melvin R. Davis ("Davis") in the United States District

Court for the Northern District of Illinois ("lawsuit").

2. On January 4, 2006, EEOC filed its first amended complaint, adding Thomas

Webster as a relief defendant.

3. Defendants have denied any liability to Davis or the EEOC and EEOC has denied

the validity of Defendants' defenses to the lawsuit.

4. Defendants have truthfully represented to EEOC that Webster Temporary Services, Inc. has dissolved and is no longer doing business, and Thomas Webster no longer has any ownership interest in any temporary services business.
5. EEOC, on its own behalf and on behalf of Davis, and Defendants have engaged in comprehensive settlement negotiations, and as a result of having engaged in these negotiations, the parties have agreed that this action should be finally resolved by entry of this Settlement Agreement (hereafter "Settlement"). This Settlement fully and finally resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this action. Agreements of the Parties Non-admission
Nothing contained in this Settlement shall be construed as an admission with respect to any of the claims or defenses of the suit. Monetary Relieffor Charging Party
Defendants will pay Davis the total sum of two thousand four hundred dollars ($2,400.00) which shall compensate Davis for emotional distress claimed by him and the EEOC in this suit. Payment will be made by mailing by certified mail a certified or cashiers check to Davis at his home address. This check shall be mailed to Davis within 10 days ofreceipt by Defendants' attorney, Keith Vogt, ofa signed original of the Release Agreement attached as Exhibit A. Dismissal of Lawsuit
EEOC agrees that the lawsuit it filed on behalf of Davis will be dismissed with prejudice and without costs or attorneys' fees to either party. The parties agree that signed copies of the

proposed dismissal Order (Exhibit B) and this Settlement shall all be filed at one time with thc Court.
EEOC further agrees that in dismissing this lawsuit it hereby releases and discharges Defendants, and all past and present shareholders, officers, agents, employees, and representatives of Defendants, as well as all successors and assignees of Defendants, from all actions, causes of action, damages, claims and demands, known and unknown, which the EEOC brought or could have brought, arising from the Charge of Discrimination filed by Melvin Davis. Charge No. 21 OA203767, or arising from any other Charge of Discrimination filed against Defendants prior to the date of the filing of this agreement with the Court. Counterparts
This Settlement Agreement may be signed in single or separate counterparts, each of which shall constitute an original.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

For WEBSTER TEMPORARY SERVICES, INC. a THOMAS WEBSTER
•
Stadheim & Grear, Ltd. 400 N. Michigan Ave. Suite 2200 Chicago, Illinois 60611
DATE: 3-13-06

re ory
~X';;;i~
Ethan M. M. Cohen Trial Attorney
I I DATE: S {'f 0(;;,

Exhibit B

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEBSTER TEMPORARY SERVICES,

)

INC. and THOMAS WEBSTER,

)

)

Defendants.

)

---------------------------)

Case No. 05 C 3655 Judge Coar Magistrate Judge Nolan

AGREED ORDER OF DISMISSAL

This lawsuit is hereby dismissed with prejudice pursuant to the terms of the Settlement

Agreement attached hereto and incorporated by reference. The parties agree that this Court shall

retain jurisdiction to enforce the terms of the Settlement Agreement. All further dates are

stricken.

ENTER:

Date

Honorable David H. Coar

Exhibit A

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

v.

)

)

WEBSTER TEMPORARY SERVICES,

)

INC. and THOMAS WEBSTER,

)

Defendants.

)

)

Case No. 05 C 3655 Judge Coar Magistrate Judge Nolan

RELEASE AGREEMENT

I. Melvin Davis. for and in consideration of the gross sum of two thousand four hundred dollars

($2.400.00). payable to me pursuant to the terms of the Settlement Agreement between Webster

Temporary Services, Inc. and Thomas Webster ("Defendants") and the United States Equal Employment

Opportunity Commission ("EEOC") in the above captioned case, on behalf of myself, my heirs, assigns,

executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Defendants, and all

past and present shareholders. officers, agents, employees, and representatives of Defendants, as well as

all successors and assignees of Defendants, from any and all claims and causes of action of any kind

which I now have or ever have had, whether known or unknown, under the Americans with Disabilities

Act of 1990, as amended, 42 U.s.C. § 12117(a), as a result of or arising from the subject matter and

claims which were or which could have been asserted in EEOC v. Webster Temporary Services and

Thomas Webster., No. 05 C 3655.

I further represent and agree that I have carefully read and fully understand all the provisions of

this Release and am voluntarily and knowingly entering into the same.

Date

Melvin Davis

1521 S. Wabash #315

Chicago, IL 60605

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

Re

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEBSTER TEMPORARY SERVICES,

)

INC. and THOMAS WEBSTER,

)

)

Defendants.

)

---------------------------)

Case No. 05 C 3655 Judge Coar Magistrate Judge Nolan

AGREED ORDER OF DISMISSAL

This lawsuit is hereby dismissed with prejudice pursuant to the terms of the Settlement

Agreement attached hereto and incorporated by reference. The parties agree that this Court shall

retain jurisdiction to enforce the terms of the Settlement Agreement. All further dates are

stricken.

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 1 of 4

CLOSED, NOLAN
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-03655

U.S. Equal Employment Opportunity Commission v. Webster Temporary Services, Inc. Assigned to: Honorable David H. Coar Cause: 42:12101 Americans with Disabilities Act

Date Filed: 06/23/2005 Date Terminated: 03/21/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by John C. Hendrickson United States Equal Employment Opportunity Commission 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

Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 2 of 4

Webster Temporary Services, Inc.
Defendant Thomas Webster

represented by Keith A. Vogt Stadheim & Grear, Ltd 400 N. Michigan Avenue Suite 2200 Chicago, IL 60611 (312) 755-4400 Email: keithvogt@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keith A. Vogt (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/23/2005 06/23/2005 06/23/2005 10/24/2005
12/05/2005
01/04/2006 01/04/2006 01/11/2006

#

Docket Text

1 CLASS ACTION COMPLAINT filed by plaintiff U.S. Equal Employment Opportunity Commission; Jury Demand.(vmj, ) (Entered: 06/24/2005)

2 CIVIL Cover Sheet (vmj, ) (Entered: 06/24/2005)

3 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Ethan M.M. Cohen, Gregory M. Gochanour, John C. Hendrickson (vmj, ) (Entered: 06/24/2005)

5 MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for 12/5/2005 at 09:00 AM. Report of Parties Planning Conference pursuant to Rule 26(f) and Proposed scheduling order pursuant to Rule 12(b) to be filed in chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers). Mailed notice (rbf, ) (Entered: 11/07/2005)

6 MINUTE entry before Judge David H. Coar dated 12/5/05: Status hearing held on 12/5/2005 for Rule 16(b) scheduling conference. Plaintiff is given thirty days in which to file an amended complaint and effective service on defendant or the case will be dismissed for want of prosecution. Status hearing set for 1/11/2006 at 09:00 AM. Judicial staff mailed notice (gl, ) (Entered: 12/05/2005)

7 First AMENDED complaint by U.S. Equal Employment Opportunity Commission against all defendants (Cohen, Ethan) (Entered: 01/04/2006)

8 SUMMONS Issued as to Defendants Thomas Webster, Webster Temporary Services, Inc. (cdy, ) (Entered: 01/06/2006)

9 MINUTE entry before Judge David H. Coar : Status hearing held on 1/11/2006. Status hearing continued to 2/14/2006 at 09:00 AM. Mailed notice (pm, ) (Entered: 01/11/2006)

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 3 of 4

01/12/2006
01/13/2006 01/13/2006 01/17/2006 01/17/2006 01/17/2006 01/17/2006 01/17/2006 01/25/2006
01/30/2006
01/30/2006 01/31/2006
02/03/2006 03/02/2006

10 AFFIDAVIT of Service filed by Plaintiff U.S. Equal Employment Opportunity Commission regarding Summons and First Amended Complaint served on Webster Temporary Services, Inc and Thomas Webster on January 10, 2006 (Cohen, Ethan) (Entered: 01/12/2006)
11 ATTORNEY Appearance for Defendant Webster Temporary Services, Inc. by Keith A. Vogt (Vogt, Keith) (Entered: 01/13/2006)
12 ATTORNEY Appearance for Defendant Thomas Webster by Keith A. Vogt (Vogt, Keith) (Entered: 01/13/2006)
13 MEMORANDUM by Defendant Thomas Webster in support of codefendant Thomas Webster's motion to dismiss (Vogt, Keith) Modified on 1/18/2006 (air, ). (Entered: 01/17/2006)
14 MOTION by Defendant Thomas Webster to dismiss Co-Defendant Thomas Webster's Motion to Dismiss (Vogt, Keith) (Entered: 01/17/2006)
15 Notice of Motion NOTICE of Motion by Keith A. Vogt for presentment of motion to dismiss14 before Honorable David H. Coar on 1/31/2006 at 09:00 AM. (Vogt, Keith) (Entered: 01/17/2006)
16 DUPLICATE filing of document number 13. (Entered: 01/17/2006)
17 NOTICE of Correction regarding memorandum in support of motion16. (air, ) (Entered: 01/18/2006)
18 RESPONSE by U.S. Equal Employment Opportunity Commission in Opposition to MOTION by Defendant Thomas Webster to dismiss CoDefendant Thomas Webster's Motion to Dismiss14 (Cohen, Ethan) (Entered: 01/25/2006)
19 MOTION by Defendant Thomas Webster to amend/correct MOTION by Defendant Thomas Webster to dismiss Co-Defendant Thomas Webster's Motion to Dismiss14, notice of correction17, notice of motion15 Amended Notice of Motion (Vogt, Keith) (Entered: 01/30/2006)
20 Amended NOTICE of Motion by Keith A. Vogt for presentment of motion to dismiss14 before Honorable David H. Coar on 2/7/2006 at 09:00 AM. (Vogt, Keith) (Entered: 01/30/2006)
21 MINUTE entry before Judge David H. Coar :Pursuant to telephonic notice on 1/30/06 from Ethan Cohen for EEOC and Keith Vogt for the defendant parties are in settlement discussions, the Motion to dismiss 14 is withdrawn, Motion to amend/correct 19 is moot (no one should appear on the noticed motion date of 2/7/06). Status hearing set for 3/2/2006 at 09:00 AM. regarding settlement. (pm, ) (Entered: 01/31/2006)
22 MINUTE entry before Judge David H. Coar : Status hearing scheduled for 2/14/2006 is stricken and no one should appear on 2/14/2006. (pm, ) (Entered: 02/03/2006)
23 MINUTE entry before Judge David H. Coar : Status hearing held on

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 4 of 4

03/09/2006 03/15/2006 03/16/2006 03/21/2006
03/21/2006

3/2/2006. Parties advised the Court that an agreement has been reached. Status hearing continued to 3/9/2006 at 09:00 AM. for submission of stipulation of dismissal. (pm, ) (Entered: 03/03/2006)
24 MINUTE entry before Judge David H. Coar : Status hearing held on 3/9/2006 and continued to 3/15/2006 at 9:00a.m. Mailed notice (slb, ) (Entered: 03/09/2006)
25 MINUTE entry before Judge David H. Coar :The case is settled and resolved. Signature order to follow. Status hearing scheduled for 3/15/2006 is adjourned sine die. (pm, ) (Entered: 03/17/2006)
26 SETTLEMENT Agreement by The Parties (Exhibits)(hp, ) (Entered: 03/30/2006)
27 MINUTE entry before Judge David H. Coar : This action is dismissed with prejudice pursuant to settlement agreement. The Court retains jurisdiction to enforce the terms of the settlement agreement. Enter Agreed Order of Dismissal. Any pending motions or status dates are moot and terminated. (For further detail see separate order.) Civil case terminated. Mailed notice (hp, ) (Entered: 03/30/2006)
28 AGREED ORDER of Dismissal Signed by Judge David H. Coar on 3/21/2006:Mailed notice(hp, ) (Entered: 03/30/2006)

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4/23/2007