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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

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Plaintiff,

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v.

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DILLARD DEPARTMENT STORES, INC.

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Defendant.

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03 5 fJ CIVIL ACTIoJJo.3 -
T 1 SECT. COMPLAINT MAl.
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of

1967 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and age

and to provide appropriate relief to Martha Ann Cordell, who was adversely affected by such practices. As alleged with

greater particularity in paragraphs 7 through 11 below, in July 2000, Respondent discharged Martha Ann Cordell, then

age 48, from her Polo Specialist position and replaced her with a younger male.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343 and 1345. This

action is authorized and instituted pursuant to Section 706(f)( 1) and (3) of Title VII of the Civil Rights Act of 1964

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("Title VII"), as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c. §626(b) (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.c. §§ 216(c) and 217.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana. Venue is proper in this Court pursuant to 28 U.S.C. § 1391.
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 Section 706(f)(1) and (3) ofTitie VII, 42 U.S.C. § 2000e-5(f)(1) and (3); and, by Section 7(b) of the ADEA, 29 U.S.c. §626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Dillard Department Stores, Inc. (the "Employer"), has continuously been a Delaware corporation doing business in the State of Louisiana and the City of Hammond, 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 under Sections 701(b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h); and has continuously been an employer within the meaning of Sections II(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
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CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.c. §626(b).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Martha Ann Cordell filed a charge with the Commission alleging violations of Title VII and the ADEA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. On or about July 22, 2000, Defendant Employer engaged in unlawful employment practices at its Hammond, Louisiana location, in violation of Section 703(a)(l) ofTitle VII, 42 U.S.C. § 2000e-2(a)(1); and, in violation of Section 4(a)(l) of the ADEA, 29 U.S.c. § 623(a)(l). The unlawful practices included discharging Martha Ann Cordell, then age 48, from her "Polo Specialist" sales position, despite her eight- year record of exemplary performance and award-winning sales figures. Respondent subsequently replaced Martha Ann Cordell as the Polo Specialist with a male, then age 27. The younger employee had worked for Respondent in another department for fourteen months. 9. The effect of the practices complained of in paragraph 8 above has been to deprive Martha Ann Cordell of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex and age. 10. The unlawful employment practices complained of in paragraph 8 above were intentional and willful. 11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Martha Ann Cordell.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from subjecting individuals to sex and age discrimination and engaging in any other employment practice which discriminates on the basis of sex and age against individuals 40 years of age and older. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Martha Ann Cordell, by providing appropriate affinnative relief necessary to eradicate the effects of its unlawful employment practices, including appropriate backpay in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgement interest, in amounts to be detennined at trial. D. Order Defendant Employer to make whole Martha Ann Cordell by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including but not limited to medical expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Martha Ann Cordell by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be detennined at trial.
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F. Order Defendant Employer to pay Martha Ann Cordell punitive damages for its malicious and reckless conduct, as described in paragraph 8 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.
Dated this .3 / fl.. day of January, 2003.
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W.
'- /fjfI:r · w Wa~hington, D.CJ2·507 KEITHiHILL Regional Attorney Bar Roll No. 15200000
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113-9936 Telephone: (504) 589-6817 (Hill)
(504) 589-6950 (Aguiar) (504) 589-3539 (Ebron) Facsimile: (504) 589-2805

Please Serve:
C.T. Corporation System 8550 United Plaza Blvd. Baton Rouge, LA 70809
Registered Agent for Service of Process

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2000E, CLOSED, MAG-1, PROTO
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:03-cv-00356-MLCF

EEOC v. Dillard Dept Stores, et al Assigned to: Judge Martin L.C. Feldman Demand: $0 Cause: 42:2000 Job Discrimination (Age) Plaintiff Equal Employment Opportunity Commission
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Date Filed: 02/05/2003 Date Terminated: 03/24/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Erania Ebron Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 Email: erania.ebron@eeoc.gov TERMINATED: 06/18/2003 LEAD ATTORNEY
Nancy Eleanor Graham Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2875 Email: nancy.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Tobias Agular Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 TERMINATED: 06/18/2003
Keith T. Hill Equal Employment Opportunity
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Intervenor Plaintiff Martha Ann Cordell
V. Defendant Dillard Department Stores, Inc. TERMINATED: 03/14/2003 Defendant Higbee Company (Erroneously sued as Dillard Department Stores, Inc.) doing business as Dillard Department Stores, Inc.
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Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817
Michelle T. Butler Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2872 Email: michelle.butler@eeoc.gov
represented by John Stafford Lawrence, Jr. Lawrence & Associates 215 St. Ann Dr. Suite #2 Mandeville, LA 70471 985-674-4446 Email: jr350@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A. Cowart Lewis Fisher Henderson Claxton & Mulroy, LLP 6410 Poplar Ave. Suite 300 Memphis, TN 38119 901-767-6160 Email: craigc@lfhc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederick J. Lewis Lewis Fisher Henderson Claxton & Mulroy, LLP
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6410 Poplar Ave. Suite 300 Memphis, TN 38119 901-767-6160 Email: fredl@lfhc.com
Whitney K. Fogerty Lewis Fisher Henderson Claxton & Mulroy, LLP 6410 Poplar Ave. Suite 300 Memphis, TN 38119 901-767-6160

Date Filed 02/05/2003 02/05/2003 02/25/2003 03/14/2003
03/14/2003 04/22/2003 04/22/2003
04/29/2003
05/09/2003
05/09/2003 05/20/2003

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Docket Text

1 COMPLAINT; 1 summons(es) issued (yr) Modified on 02/05/2003 (Entered: 02/05/2003)
Automatic Referral (Utility Event) to Magistrate Judge Sally Shushan (yr) (Entered: 02/07/2003)
2 ORDER Case reassigned to Judge Martin L. Feldman by Judge G. T. Porteous Jr. (tbl) (Entered: 02/25/2003)
3 PLAINTIFF'S AMENDED complaint [1-1] terminating party Dillard Dept Stores; adding Higbee Company; 1 summons(es) issued (nn) (Entered: 03/17/2003)
4 WAIVER OF SERVICE of summons and complaint sent to defendant Higbee Company on 2/18/03 (nn) (Entered: 03/17/2003)
5 WAIVER OF SERVICE of summons and complaint of intervention sent to defendant Higbee Company on 4/21/03 (nn) (Entered: 04/23/2003)
6 MOTION by movant Martha Ann Cordell to intervene to add a party and to add claims to be heard before Mag Shushan at 9:00 5/7/03 (Proposed cmp of intervention attached) (nn) Modified on 04/24/2003 (Entered: 04/24/2003)
7 Response by defendant Higbee Company to motion to intervene to add a party and to add claims [6-1] filed by movant Martha Ann Cordell (dmg) (Entered: 04/30/2003)
8 MINUTE ENTRY ( 05/09/03 ) granting the motion of Martha Ann Cordell to intervene to add a party and to add claims [6-1] by Magistrate Judge Sally Shushan (ca) (Entered: 05/09/2003)
9 Intervenor's COMPLAINT by intervenor-plaintiff Martha Ann Cordell; jury demand; no summons(es) issued (ca) (Entered: 05/12/2003)
10 ANSWER by defendant Higbee Company to amended complaint by plaintiff EEOC [3-1] (ca) (Entered: 05/20/2003)

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05/22/2003 05/28/2003
06/02/2003 06/10/2003 06/18/2003
07/03/2003 07/03/2003 07/28/2003 08/08/2003 09/29/2003 10/07/2003 10/07/2003 10/08/2003 10/17/2003 11/12/2003

11 ORDER that a preliminary conference is scheduled by telephone before Mag Judge Sally Shushan at 1:30 6/26/03 by Mag Judge Sally Shushan (ca) Modified on 05/23/2003 (Entered: 05/22/2003)
12 MINUTE ENTRY ( 5/28/03 ) One of the parties to this proceeding has advised that it does not wish to consent to trial before the Mag Judge; accordingly, the matter is returned to the docket of the District Judge; the telephone preliminary conf set 6/26/03 is canceled by Magistrate Judge Sally Shushan (nn) (Entered: 05/29/2003)
13 ANSWER by defendant Higbee Company to complaint of intervention by intervenor-plaintiff Martha Ann Cordell [9-1] (nn) (Entered: 06/02/2003)
14 NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 3:00 7/29/03 by Clerk (nn) (Entered: 06/10/2003)
15 Motion by pla EEOC and ORDER withdrawing attys Jeffrey Tobias Agular & Erania Ebron for EEOC and substituting attys Michelle T. Butler, & Nancy Eleanor Graham as counsel of rec by Judge Martin L. Feldman Date Signed: 6/24/03 (ca) (Entered: 06/24/2003)
16 Motion by defendant Higbee Company and ORDER for attorney Frederick J. Lewis to appear pro hac vice for same by Judge Martin L. Feldman Date Signed: 7/9/03 (nn) (Entered: 07/16/2003)
17 Motion by defendant Higbee Company and ORDER for attorney Whitney K. Fogerty to appear pro hac vice for same by Judge Martin L. Feldman Date Signed: 7/9/03 (nn) (Entered: 07/16/2003)
18 Statement of Corporate Disclosure filed by defendant Higbee Company (ca) (Entered: 07/28/2003)
19 MINUTE ENTRY ( 7/28/03): Preliminary Conference held; amendments due 8/28/03 ; pretrial conf set 1:30 4/15/04 ; jury trial set 9:00 4/26/04 ; by Judge Martin L. Feldman (nn) (Entered: 08/08/2003)
20 MOTION by plaintiff EEOC for protective order referred to Magistrate Judge Sally Shushan to be heard before mag at 9:00 10/15/03 w/out oral argument (nn) (Entered: 09/30/2003)
21 Memo in opposition by defendant Higbee Company to motion for protective order [20-1] filed by plaintiff EEOC (nn) (Entered: 10/07/2003)
22 Statement for Oral Argument by defendant Higbee Company regarding motion for protective order [20-1] by plaintiff EEOC (nn) (Entered: 10/07/2003)
23 MINUTE ENTRY ( 10/8/03 ) ORDER denying dft's req for oral argument on pla's mtn for a protective order [22-1] by Magistrate Judge Sally Shushan (nn) (Entered: 10/09/2003)
24 MINUTE ENTRY ( 10/16/03 ) ORDERED that the plaintiff's motion for protective order [20-1] is DENIED by Magistrate Judge Sally Shushan (ca) Modified on 01/05/2004 (Entered: 10/17/2003)
25 PROTECTIVE ORDER governing production and exchange of confidential information by Magistrate Judge Sally Shushan Date Signed: 11/13/03 (nn)

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11/21/2003 11/21/2003 12/09/2003 12/09/2003 12/17/2003
12/19/2003 12/19/2003 01/06/2004 02/17/2004 02/17/2004 02/17/2004 02/17/2004 02/27/2004 03/02/2004 03/02/2004 03/03/2004
03/15/2004

(Entered: 11/13/2003)
26 Notice of Deposition by plaintiff EEOC of Linda Sholtis on 12/17/03 (ca) (Entered: 11/24/2003)
27 Notice of Deposition by plaintiff EEOC of Lynette Lemoine on 12/17/03 (ca) (Entered: 11/24/2003)
28 USM'S RETURN OF SERVICE of subp to Lynette Lemoine svd 12/3/03 (nn) Modified on 12/09/2003 (Entered: 12/09/2003)
29 USM'S RETURN OF SERVICE of subp to Linda Sholtis svd 12/5/03 (nn) (Entered: 12/09/2003)
32 Motion by plaintiff EEOC and ORDER dismissing cmp w/prej, each pty to bear own costs and atty's fees; the cmp in intervention of Martha Ann Cordell is preserved by Judge Martin L. Feldman Date Signed: 12/22/03 (nn) (Entered: 12/24/2003)
30 Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Lynette Lemoine on 1/20/04 (nn) (Entered: 12/22/2003)
31 Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Linda Shultis on 1/20/04 (nn) (Entered: 12/22/2003)
33 RETURN OF SERVICE of subp to Lynette Lemoine svd 12/31/03 (nn) (Entered: 01/06/2004)
34 Exhibit list by intervenor-plaintiff Martha Ann Cordell (nn) (Entered: 02/17/2004)
35 Witness list submitted by intervenor-plaintiff Martha Ann Cordell (nn) (Entered: 02/17/2004)
36 Pretrial Disclosure of Witness submitted by defendant Higbee Company (nn) (Entered: 02/17/2004)
37 Pretrial disclosure of Exhibits by defendant Higbee Company (nn) (Entered: 02/18/2004)
38 Objections by defendant Higbee Company to pla's witness & exhibit lists (lg) (Entered: 02/27/2004)
40 Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Sharon Fischer on 03/09/04 (crc) (Entered: 03/03/2004)
41 Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Hazel Bennett on 3/10/04 (nn) (Entered: 03/03/2004)
39 MINUTE ENTRY ( 3/2/04 ): a settlement conference is scheduled before magistrate at 9:00 3/23/04 ; settlement letters due by 3/16/04 by Magistrate Judge Sally Shushan (nn) (Entered: 03/03/2004)
42 Objections by intervenor-plaintiff Martha Ann Cordell to dft's witness & exhibit lists [37-1], [36-1] (lg) (Entered: 03/15/2004)

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03/15/2004 03/15/2004 03/24/2004 03/24/2004

43 Amended Exhibit list by intervenor-plaintiff Martha Ann Cordell & ORDER allowing same to be filed by Kurt D. Engelhardt date signed 3/16/04 (nn) (Entered: 03/18/2004)
44 Amended Witness list submitted by intervenor-plaintiff Martha Ann Cordell & ORDER allowing same to be filed by Judge Kurt D. Engelhardt dte signed 3/16/04 (nn) (Entered: 03/18/2004)
45 MINUTE ENTRY ( 3/23/04 ) Settlement conference was held this date; following discussions among the parties, the case has settled by Magistrate Judge Sally Shushan (nn) (Entered: 03/24/2004)
46 ORDER to dismiss case w/out costs & w/out costs by Judge Martin L. Feldman Date Signed: 3/24/04 (CLOSED) (nn) (Entered: 03/25/2004)

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