Case 2:05-cv-73258-MOB-SDP Document 1 Filed 08/24/2005 Page 1 of 6

UNITED STATES DISTRlCT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

b

SOUTHERN DIVISION

ORIGINAL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

U., ...;~fp!:>to .Inri,.,,,, ~t",v",n D. PE'lOe
JUDGE : Battani, Marianne o.
DECK : S. Division Civil Deck DAXE : 08/24/2005 @ 09:30:46 CASE IWlIBER : 2: 05CV73258 ClIP EEOC V HOllE DEPOT USA (JLC)

HOME DEPOT U.S.A., lNC.IEXPO DESIGN CENTER

Defendant. ______________________~I

COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act ofl964, and Title I ofthe Civil Rights Act of 1991, to correct unlawful employment practices on the basis of religion, and to provide appropriate reliefto Andrew Stoiko, who was adversely affected bysueh practices. The EEOC alleges that Defendant, Expo Design CenterlHome Depot, ("Defendant") failed to accommodate Stoiko's religious beliefs, resulting in Stoiko's termination from the company.
•JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 20ooe-5(f)(I) and (3) ("Title VII") , and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a, 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345.

Case 2:05-cv-73258-MOB-SDP Document 1 Filed 08/24/2005 Page 2 of 6

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Michigan, Southern

Division.

3. Plaintiff, the Equal Employment Opportunity Commission, ("EEOC" or the

"Commission") is the agency of the United States of America charged with the administration,

interpretation and enforcement ofTitle VII, and is exprcssly authorized to bring this action by Section

706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3).

4. At all relevant times Defendant has continuously been a corporation doing business

in Michigan, and has continuously had at least IS 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 (3 0) days prior to the institution ofthis lawsuit, Andrew Stoiko, filed

a charge with the Commission alleging violations ofTitle VII byDefendant Employer. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7. Since at least March 2004, Defendant Employer has engaged in unlawful employment

practices at its West Bloomfield,Miehigan facility, in violation ofSection 703(a), 42 U.S.C. § 2000e-

2(a). The unlawful employment practices inelude, failing to accommodate Stoiko's sincerely held

religious beliefs, imposing disciplinary attendance sanctions against Stoiko for refusing to work on

Sundays due to his religious beliefs, and terminating Stoiko's employment.

2

Case 2:05-cv-73258-MOB-SDP Document 1 Filed 08/24/2005 Page 3 of 6
The effect of the unlawful conduct complained of in paragraph 7, abovc, has been to deprive Stoiko of equal employment opportunities and otherwise adversely affect his status as an employee because of his rcligion.
9. The unlawful employment practices complained ofin paragraph 7, above, were and arc intentional.
10. The unlawful employment practices complained ofin paragraph 7, above, were done with malice or with reckless indifference to the federally protected rights of Stoiko.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and an persons in active concert or participation with it, from engaging in religious discrimination and any other employment practice which discriminates on the basis of religion; B. ORDER Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for religious observances, including, providing reasonable accommodations for religion.; C. ORDER Defendant Employer to provide training on Title VII of the Civil Rights Act of 1964, as amended, and religious accommodation to alI of its employees from the West Bloomfield, Michigan facility; D. ORDER Defendant Employer to make whole Stoiko by providing appropriatc monetary relief, in the form of compensatory damages in the amounts to be proven at trial; E. ORDER Defcndant Employer to pay Stoiko punitive damages for its malicious or reckJcss conduct described in paragraph 7, above, in amountsto be proven at trial;
3

Case 2:05-cv-73258-MOB-SDP Document 1 Filed 08/24/2005 Page 4 of 6

GRANT such further relief as the Court deems necessary and proper in the public interest; and
I. AWARD the Commission its costs for this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted,

DATED: '?jJ.';;jor-

ERIC S. DREIBA~'D General Counsel
JAMESN.LEE Deputy General Counsel
au. ADELE RAP--PpO~~33)
Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
TRINA MENGESHA (P59458) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (313)226-4620

4

Case 2:05-cv-73258-MOB-SDP Document 1 Filed 08/24/2005 Page 5 of 6

JS 44 11/ll9

9 b \ - f ; CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: OAKLAND

The JS-44 civil cover sheet and the lnformation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, oxcept as provided by local rules of court. This form. approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

I. tal PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

HOME DEPOT U.S.A., INC.IEXI'O DESIGN CENTER
Ji?oistra'te JUGHe Steven D, Pe6t61.l <-

(b) County of Residence of First Usted

County of Residence of Firsl Llsled

OAKLAND

NOTI!: IN LAND CONDEMNATION CASI!S. USE THE lOCAT10N OF THE N

(C) Attorney's (Firm Name. Address, and Telephone Number)

JUDGE : Battani, Marianne O.

Trina Mcngcsha (P59458)), Equal Employmcnt

DECK : S. Division Civil Deck

Opportunity Commission, 477 Michigan Avenue, Room

!l65 Dclroit Ml 4!l226 (313. ) 226-4620

II. BASIS OF JURISDICTION (PI....'".. in 0.. Dox Onl,)

III. CIT

. DArE
CASE

W:IlB0E8R/24•/220.'0055C@V703925:380:46

CKP EEOC V HOKE DEPOT USA (JLC)

-
ntiff

(Fot

"I

~J , .5. Government

o 3 Fedoral Question

CIUl

F
4

Plaintiff

(U.S. Government Nota Party)

2 U.S. Government Defendanl

o 4 Diversity {Indlcaie CitizenshIp of Parties

~~O 2 02

"'llemll1l

/'

0 3 03 Clllzen or Subject of a Fmeion Coim'rv

Incorporated and Prindpal

0 5 Os

of Business In Another State

Foreign Nation

0 6 DO

IV. NATURE OF SUIT CONTRACT

(Place an "X" in One BOl( Only)
TQRT[;

FORFF. I'fORB I PBNAI:ry

nl\Nf\fUJPTCY

OTHF:H [;Tl\THTp.s

D 1 1 0 Insurance D 120 Manne

o PERSONAL lNJURY
D 31 0 Aitplane

PERSONAL INJURY D 610 Agriculture

D 422 Appeal 28 USC 15B

362 Personal lnjury- D 620 Other Food & Drug

D 130 MilIM" Act

D 315 Airplane Product

Ml'!d. Malpractice 0 625 Drug ReI~ Seizwe D 423 VlnthdrUWGl

D 140 Negotiable Instrument D 1r:ORe~ot
Overpayment and

t.labdity
D
320 Assault Libel

l;e'Jon't D '65 ro uel lIanll~{!r

0

of PrttpMy 21; Bal 630 Uquor l8W5

2BUSC 157

Enforcement
01 Judgment

And Slander

D 366 AsbMloll Personal 0 640 RH. & Truck lnjury Produd

PROPERTY RIGHTS

D t 51 Medicare k.t
D 152 Reco~ of Oelaulled
Studeotloanl (Extt Veterans)
D 153 RtlCOV«}' af o-paymenl
0( Veleran's Benefits

D 330 Federlll;mployeq'
Uabiilty
D 340 M.uine D 345 Marine Product
Llabilily
D 350 Motor Vehicle

liabIlity

D 650 Airline Regs.

D 660 OcaJpationaf

PERSONAL PROPERTY

SafelyiHeBlth

o 370 Other Fraud o 371 Truth in Lerumg

D 690 Other

o 3BO Other Personal

i.AIlOR

D 820 Copyrights D 830 Patenl D 840 Tred ernark
SOCIAl.. SECURITY

D 160 SIOCkholden' SUlls

D 355 Motor Vehic\&

D 190 Other Contract

Product liabIlity

D 195 eonltatt Product UMlIlIly

D

360 OUler Personal Injtuy

210 UM ~XVOlm. REAL PROPERTY

D

cond~:;t

0 220 Foreclosure

bd

CIVIL RIGHTS 42 I!mplOymen1

Propel1y Oamag&
D 385 Property Oamage

D

Product Liability

D

PRISONER PETITiONS

0

D 51 0 Motioos to Vacate

Sentence

D

71 0 Fait Labor Siandard,
"" 120 t..&1xIriMgmt. HelaOOnll
7:10 lsbot~. Reporting &. Oit:dowre Ad
740 Railway Labor Act

D 861 HIA(1l951'!l D 862 Dlack lung (923) D 663 DI~WN(405{gl)
D 864 SSID Title XV~
D B65 R5I i'D~'ll
FEDeRAL TAX SUITS

D 2JOR~leale&Eje

1

D 240 TOJ1a 10 uod

!

o D 245 Tort ProdlJd. L!abdity

o o o D 290 All 0I1lef Real Property

443 Housinot

Habeas Corpus:

Ao:cmmolMbon.

D 530 GenerBl

444 Welfare

D 535 ~tit Penally

44P Other Civil Rights D 540 Mlndll<nUl & 0IhtM'

D 550 Civil Righi"

555 Prison Condition

D 790 Other Labor
lJIigabon
D 791 En1P1. Ret. Inc.
Security Ad

Cl 870 Texe.s (U.S. Plaintiff
or eereooanll
871 IRS·Thild Party 25 USC 1609

" . , ORIGIN
\
0 0 0 05 ~J 1 Qhgmal
c;: ProceedIng

(PLACE AN X IN ONE BOX ONLy)

2 Removed from State Court

3 Remanded from Appellale Court

4 ~~lnsta1ed
ReopMt!'d

Trons,.".d "am another district
{speafy)

o 400 State Reapportionment o 41 0 Anlitrust o 430 Banka iIfld Banking o 450 Commerce/ICC o 460 Oepol1alion
o 470 Radteleer Innuenced &
CDmlpt OrvaolZibonl
o 810 Selecli~ SeNice o BSO St!w I1I!flsICom mod illeJl
E><ha_
o 875 Custo~ Challenge
12USC3410
o 891 Agricultural Acts o 892 EconorrweStablllzallOoAct o 893 Emriror'llntmtal MM1erl o 804 Energy Allocation Act o 695 Freedom of
Informalion Act
o eoo 1We!~~: Undftr
E~ Accu. 10 JUltlCe
a 950 Con!lillJlionahty of
State Statute&.
a 890 Other SlattAory ~ons
Appeal to District
O 7 Judge from Magistrate

VI. AUSE OF ACTION {Cite the U S Clvjl SlaMs undllrwhlch you are mlng and wr1te bl1ef statement of cause,
00 not <:Ita jlJflsthdlDrnU .Imutes tJoJes.s dr./eDlly.}

This is an action under Title VlI of the Civil Rights Aet of 1964, nnd Title I of the Civil Rights Act of 1991. to correct unlawful cmploym,ent

nl"'~l"fi('PC:: on lit,. h!!~i~ nfl"".. li'7inn

VII. REQUESTED IN

0 CHECK IF THIS ISA ClASS ACnON

COMPLAINT:

UNDER F,R.C.P. 23

$DEMAND

CHECK YES only It dema d in complaint:
JURY DEMAND:' [1<'1 y.' fJ No

iSee
VIII. RELATED CASE(S) Inslructions):

IF ANY

JUDGE

DOCKET NUMBER

<_"~ ~~._-"i.~ \tS. SIGNATUREOFATIORNEYOFRECORD •.•

Case 2:05-cv-73258-MOB-SDP Document 1
. . "~,p: PURSUANT TO LOCAL RULE 83.11

Filed 08/24/2005

Page 6 of 6

1.

Is this a case that has been previously dIsmissed?

If yes, give the following information: Cou~ ___________________________________

Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Judge: __________________________________

2.

Other than stated above, are there any pending or previously

discontinued or dismissed companion cases in this or any other t i ; e s

court, including state court? (Companion cases are matters in whIch

it appears substantially similar evidence will be offered or the same

or related parties are present and the cases arise out of the same

transaction or occurrence.)

If yes, give the following information: cou~ __________________________________

Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Judge: __________________________________

Notes:

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.

CASE NO. 05-73258 HON. MARIANNE O. BATTANI

HOME DEPOT U.S.A., INC./ EXPO DESIGN CENTER,

Defendant. /

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Now before the Court is Defendant’s Motoi n for Summary Judgment (Doc. No. 12). For reasons more fully stated on the re cord at a hearing held on August 23, 2006, Defendant’s motion is DENIED. IT IS SO ORDERED.

s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE
Date: August 25, 2006
CERTIFICATE OF SERVICE
A copy of this Order was mailed and/or electronically filed to Trina R. Mengesha and Charles C. DeWitt, Jr. on this date.
s/Bernadette M. Thebolt Deputy Clerk

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

)

)

v.

)

)

)

)

HOME DEPOT U.S.A., INC./EXPO

DESIGN CENTER

)

Defendant.

)

___________________________________________

Case NO. 2:05-CV-73258
HONORABLE MARIANNE O. BATTANI
)

CONSENT DECREE

1. Plaintiff, the United States Equal Employment Opportunity Commission (“the

Commission”), commenced the above entitled action on August 24, 2005, in the United

States District Court of the Eastern District of Michigan, Southern Division, alleging that

the defendant Expo Design Center/Home Depot (“Home Depot”), engaged in

discriminatory employment practices in violation of Title VII of the Civil Rights Act of

1964 (“Title VII”), as amended, by refusing to provide a reasonable accommodation to

the religious practices of Andrew Stoiko and by terminating Stoiko because his religious

beliefs conflicted with an employment requirement. Defendant, Home Depot, denies all

allegations pertaining to unlawful employment practices alleged in the Commission’s

Complaint.

2. As a result of settlement discussions, the Commission and Home Depot have resolved

their differences and have agreed that this action should be settled by entry of this

-1-

Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged against Home Depot or which might have been alleged against Home Depot in the Complaint filed on behalf of Charging Party Andrew Stoiko. 3. It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: 1) the Court has jurisdiction over the parties and the subject matter of this action; 2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; and 3) this Consent Decree resolves all matters in controversy between the parties as provided in the paragraphs below.
MONETARY COMPENSATION 4. Home Depot shall pay monetary compensation to Andrew Stoiko in the amount of
twenty-five thousand, one hundred fifty-seven dollars and twenty-one cents ($25,157.21), less applicable state and federal withholdings. Home Depot shall issue a W-2 form for this amount in the ordinary course of business. This monetary compensation shall be paid in one check made payable to Andrew Stoiko and mailed via certified mail to Stoiko’s home address at 400 Beechmont Street, Dearborn, MI., 48124. Payment shall be mailed within twenty-one (21) days after this Consent Decree has been entered by the Court. Within thirty (30) days of this payment, Home Depot shall send a photocopy of the check sent to Andrew Stoiko, along with a photocopy of the certified mail receipt, to Laurie Young, Regional Attorney, care of Trina Mengesha, Senior Trial Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, MI 48226.
-2-

NON-ADMISSION 5. By entering into this Decree, Home Depot does not admit any wrong doing or violation
of Title VII. The entry of this Decree shall not be construed as an admission by the Commission that any claim asserted by it in this action was not valid or that any defense asserted by Home Depot was valid.
ACCOMMODATION AND NON-DISCRIMINATION 6. Home Depot, its officers, agents, employees, successors, assigns and all persons in active
concert or participation with them or any of them shall comply with the provisions of Title VII, 42 U.S.C. §2000e, et seq., with regard to accommodation and discrimination on the basis of religion.
NON-RETALIATION 7. Home Depot shall not retaliate against any person because such person gave testimony or
assistance or participated in any manner in any investigation or proceeding in connection with this case under Title VII.
DURATION 8. The injunctive provisions of this judgment shall remain in full force and effect for two (2)
years and shall expire on the second anniversary of the entry of this Decree COVERED LOCATIONS
9. The provisions of this Consent Decree shall apply to all Michigan sites and locations at which Home Depot and/or Expo Design Center conducts business.
DISPUTE RESOLUTION AND COMPLIANCE
-3-

10. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review. MISCELLANEOUS
11. Except as expressly provided herein, all parties shall bear their own costs and expenses of litigation, including attorney fees.
12. If any provision(s) of this Consent Decree is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect.
13. The terms of this Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of Home Depot.
14. This Consent Decree constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Home Depot and the Commission.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

HOME DEPOT U.S.A., INC./EXPO DESIGN CENTER

-4-

LAURIE YOUNG Regional Attorney
DEBORAH BARNO Acting Supervisory Trial Attorney
/s/ Trina R. Mengesha _____________________________ TRINA R. MENGESHA Trial Attorney
DETROIT FIELD OFFICE Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-5274 trina.mengesha@eeoc.gov
Dated: May 8, 2007
IT IS SO ORDERED:
May 16, 2007 Date

/s/ Charles C. DeWitt, Jr. ___________________________________ CHARLES C. DEWITT, Jr. Dewitt, Balke & Vincent, P.L.C. Attorney for Defendant 200 Renaissance Center, Suite 3110 Detroit, MI 48243 cdewitt@dbvplc.com
s/Marianne O. Battani MARIANNE O. BATTANI United States District Judge

-5-

RELEASE

1. I, Andrew Stoiko, for and in consideration of the sum of $25,157.21, to be

paid to me by Home Depot/Expo Design Center, (“Home Depot”), do hereby for myself,

my heirs, executors, administrators, assigns and agents release and forever discharge

Home Depot, its predecessors, successors, affiliates and assigns, from any and all

claims both judicial and administrative that I may have had, arising out of or relating to

the facts alleged in the complaint filed by the Equal Employment Opportunity

Commission (the “Commission” or “EEOC”) in the case entitled Equal Employment

Opportunity Commission v. Home Depot U.S.A., Inc. /Expo Design Center, Civil Action

No. 2:05-CV-73258, in the United States District Court for the Eastern District of

Michigan, Southern Division.

2. I declare that I know and understand the contents of this Release, that I

have executed this Release voluntarily and that this Release is part of the consideration

given by me for settlement of my claim against Home Depot. I understand that after

signing this Release, I cannot proceed against any entity or person mentioned herein on

account of any of the matters referred to in paragraph 1 above.

3. I understand and agree that this Release is given pursuant to the

settlement embodied in the Consent Decree agreed to by the parties and to be entered

by the Court.

SWORN and Subscribed to before me

this

day of

, 2007

ANDREW STOIKO

NOTARY PUBLIC County, Michigan
My Commission Expires:
-6-

 
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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-73258-MOB-SDP

CLOSED

Equal Employment Opportunity Commission v. Home Depot U. S. A, Incorporated et al Assigned to: Honorable Marianne O Battani Referred to: Honorable Steven D Pepe Cause: No cause code entered

Date Filed: 08/24/2005 Date Terminated: 05/16/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Trina R. Mengesha Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: trina.mengesha@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov TERMINATED: 06/07/2006

Dale R. Price, Jr. Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Home Depot U.S.A., Incorporated
Defendant Expo Design Center

represented by Charles C. Dewitt, Jr. DeWitt, Balke, 200 Renaissance Center Suite 3110 Detroit, MI 48243-1301 313-446-6400 Email: cdewitt@dbvplc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cathleen C. Jansen DeWitt, Balke, 200 Renaissance Center Suite 3110 Detroit, MI 48243-1301 313-446-6400 Email: cjansen@dbvplc.com ATTORNEY TO BE NOTICED
represented by Charles C. Dewitt, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cathleen C. Jansen (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/24/2005 09/23/2005 10/17/2005 10/18/2005
10/20/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against Home Depot U. S. A, Incorporated, Expo Design Center.(RHutc, ) Modified on 12/19/2005 (RHutc, ). (Entered: 08/24/2005)
2 ANSWER to Complaint with Affirmative Defenses by all defendants.(Dewitt, Charles) (Entered: 09/23/2005)
3 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(Dewitt, Charles) (Entered: 10/17/2005)
4 SCHEDULING ORDER: Settlement Conference set for 7/13/2006 01:45 PM before Honorable Marianne O Battani. Dispositive Motion Cut-off set for 4/28/2006 Discovery due by 3/31/2006. Signed by Honorable Marianne O Battani. (Refer to image for additional dates)(CMot, ) (Entered: 10/18/2005)
5 ANSWER to Complaint with Affirmative Defenses (Amended) by all defendants.(Dewitt, Charles) (Entered: 10/20/2005)

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12/16/2005 12/28/2005 03/07/2006 03/21/2006 03/22/2006 03/22/2006 04/18/2006 05/17/2006
05/19/2006 05/19/2006

6 WITNESS LIST by Home Depot U. S. A, Incorporated (Dewitt, Charles) Modified on 12/19/2005 (RHutc, ). (Entered: 12/16/2005)
7 WITNESS LIST by Equal Employment Opportunity Commission (Attachments: # 1 Certificate of Service)(Rapport, Adele) (Entered: 12/28/2005)
8 MOTION TO EXTEND Discovery by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 03/07/2006)
Minute Entry -Motion Hearing held on 3/21/2006 re 8 MOTION TO EXTEND Discovery filed by Equal Employment Opportunity Commission, before Honorable Marianne O Battani. Disposition: HELD(Court Reporter ALLEN BURNHAM) (BThe, ) (Entered: 03/23/2006)
9 ORDER granting 8 Motion to Extend Discovery- Signed by Honorable Marianne O Battani. (CMot, ) (Entered: 03/22/2006)
10 AMENDED SCHEDULING ORDER: Settlement Conference set for 9/26/2006 01:45 PM before Honorable Marianne O Battani. Dispositive Motion Cut-off set for 5/17/2006 Discovery due by 4/19/2006. Signed by Honorable Marianne O Battani. (Refer to image for additional dates)(CMot, ) (Entered: 03/22/2006)
11 Supplemental WITNESS LIST by Home Depot U.S.A., Incorporated (Dewitt, Charles) (Entered: 04/18/2006)
12 MOTION for Summary Judgment by all defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit 1 Employment App# 3 Exhibit 2 Assoc Acknowledgement# 4 Exhibit 3 Orientation Checklist# 5 Exhibit 4 Job Profile# 6 Exhibit 5 Availability Info# 7 Exhibit 6 Accommodation Request# 8 Exhibit 7 Memo to File# 9 Exhibit 8 Fr Hawrish Note# 10 Exhibit 9 Archbishop Antony Note# 11 Exhibit 10 Fr. Hawrish Ltr# 12 Exhibit 11 D'Anjou Letter# 13 Exhibit 12 Discpline Notice# 14 Exhibit 13 Fax to Cooper# 15 Exhibit 14 Fax to Cooper# 16 Exhibit 15 Discipline Notice# 17 Exhibit 16 Discipline Notice# 18 Exhibit 17 Discipline Notice# 19 Exhibit 18 Stoiko Resume# 20 Exhibit 19 EXPO Profile# 21 Exhibit 20 Attendance Guidelines# 22 Exhibit 21 EEOC Charge# 23 Exhibit 22 HD Position Statement# 24 Exhibit 23 HD Supp Position Stmt# 25 Exhibit 24 Associates Weekly Schedules# 26 Exhibit 25 Dept Schedules# 27 Exhibit 26 Meadows Dep# 28 Exhibit 27 D'Anjou Affidavit# 29 Exhibit 28 Hansard Opinion# 30 Exhibit 29 Karvelis Opinion# 31 Exhibit 30 Riselay Opinion# 32 Exhibit 31 George Opinion# 33 Exhibit 32 George 2 Opinion# 34 Exhibit 33 Baker Opinion# 35 Exhibit 34 Baker 2 Opinion# 36 Exhibit 35 Elsaadi Aff# 37 Exhibit 36 Grant Aff# 38 Exhibit 37 Laurain Aff# 39 Exhibit 38 Aron Opinion# 40 Exhibit 39 Jones Deposition# 41 Exhibit 40 Stoiko Deposition)(Dewitt, Charles) (Entered: 05/17/2006)
13 NOTICE of hearing on 12 MOTION for Summary Judgment. Responses due by 6/14/2006. Replies due by 6/27/2006. Motion Hearing set for 8/23/2006 02:00 PM before Honorable Marianne O Battani. (See image for additional details.)(CMot, ) (Entered: 05/19/2006)
Set/Reset Scheduling Order Deadlines: Settlement Conference set for 11/30/2006 01:45 PM before Honorable Marianne O Battani. (CMot, ) (Entered: 05/19/2006)

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06/07/2006 06/14/2006
06/27/2006 08/23/2006 08/25/2006 09/12/2006 11/30/2006 12/14/2006 01/17/2007 02/05/2007

14 NOTICE of Withdrawal of Attorney Adele Rapport by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 06/07/2006)
15 RESPONSE to 12 MOTION for Summary Judgment Response to Defendants Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attendance Policy# 2 Exhibit Letter from Andrew Stoiko dated 2-6-04# 3 Exhibit Letter to Andrew Stoiko dated 2-26-04# 4 Exhibit Letter from Fr. Richard Hawrish# 5 Exhibit Letter from Archbishop Antony# 6 Exhibit Position Statement dated 5-21-05# 7 Exhibit Fax to Cooper from Stoiko dated 4-24-04# 8 Exhibit Fax to Cooper from Stoiko dated 5-4-04# 9 Exhibit Stoiko Affidavit# 10 Exhibit Grant Affidavit# 11 Exhibit Elsaadi Affidavit# 12 Exhibit EEOC v Robert Bosch Opinion# 13 Exhibit Stoiko's Availability form# 14 Exhibit Stoiko Deposition Transcript# 15 Exhibit Stoiko Deposition Transcript# 16 Exhibit Jones Deposition Transcript# 17 Exhibit Cooper Deposition Transcript# 18 Exhibit Meadows Deposition Transcript)(Mengesha, Trina) (Entered: 06/14/2006)
16 REPLY to Response re 12 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit Ex 1 Cooper Dep# 3 Exhibit Ex 2 Jones Dep)(Dewitt, Charles) (Entered: 06/27/2006)
Minute Entry -Motion Hearing held on 8/23/2006 re 12 MOTION for Summary Judgment filed by Expo Design Center,, Home Depot U.S.A., Incorporated, before Honorable Marianne O Battani. (Court Reporter Rene Twedt) (CMot, ) (Entered: 08/24/2006)
17 ORDER denying 12 Motion for Summary Judgment- Signed by Honorable Marianne O Battani. (BThe, ) (Entered: 08/25/2006)
18 TRANSCRIPT of Proceedings held on August 23, 2006 of Motion for Summary Judgment (PPaul, ) (Entered: 09/12/2006)
Minute Entry -Settlement Conference held on 11/30/2006 before Honorable Marianne O Battani. (Court Reporter Allen Burnham) (CMot, ) (Entered: 11/30/2006)
19 TRIAL MANAGEMENT ORDER: Jury Trial set for 4/10/2007 09:00 AM before Honorable Marianne O Battani. Final Pretrial Conference set for 4/3/2007 02:00 PM before Honorable Marianne O Battani. Signed by Honorable Marianne O Battani. (SEE IMAGE FOR FURTHER DETAILS)(BThe, ) (Entered: 12/14/2006)
20 AMENDED TRIAL MANAGEMENT ORDER: Jury Trial reset for 5/29/2007 09:00 AM before Honorable Marianne O Battani. Final Pretrial Conference reset for 4/17/2007 02:00 PM before Honorable Marianne O Battani. Signed by Honorable Marianne O Battani. (SEE IMAGE FOR FURTHER DETAILS)(BThe, ) (Entered: 01/17/2007)
21 MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 Complaint# 3 Exhibit 2 Stoiko Dep# 4 Exhibit 3 D'Anjou Aff# 5 Exhibit 4 Guide for Attendance# 6 Exhibit 5 Availability Info# 7 Exhibit 6 Stoiko Letter# 8

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02/05/2007 02/05/2007
02/12/2007 02/16/2007 03/09/2007 03/09/2007

Exhibit 7 Jones Memo# 9 Exhibit 8 Cooper Dep# 10 Exhibit 9 Kitchen Dept Schedule# 11 Exhibit 10 Discipline Notice# 12 Exhibit 11 Discipline Notice# 13 Exhibit 12 Discpline Notice# 14 Exhibit 13 Discipline Notice# 15 Exhibit 14 EEOC Website# 16 Exhibit 15 Karvelis Case# 17 Exhibit 16 George Case# 18 Exhibit 17 Baker Case# 19 Exhibit 18 George Case# 20 Exhibit 19 Baker Case# 21 Exhibit 20 HD Policies)(Dewitt, Charles) (Entered: 02/05/2007)
22 MOTION in Limine to Cut-Off Stoiko's Damages And Limit His Back Pay by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 Stoiko Dep# 3 Exhibit 2 D'Anjou Affidavit# 4 Exhibit 3 Kitchen Schedule# 5 Exhibit 4 Stoiko Pay Stubs# 6 Exhibit 5 Layton Affidavit# 7 Exhibit 6 Meadows Dep# 8 Exhibit 7 Lindemann & Grossman# 9 Exhibit 8 Supp Lindemann# 10 Exhibit 9 EEOC Foothills Case)(Dewitt, Charles) (Entered: 02/05/2007)
23 MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 Complaint# 3 Exhibit 2 HD Policies# 4 Exhibit 3 Stoiko Dep# 5 Exhibit 4 D'Anjou Affidavit# 6 Exhibit 5 Availability Info# 7 Exhibit 6 Stoiko Letter# 8 Exhibit 7 Jones Memo# 9 Exhibit 8 Cooper Dep# 10 Exhibit 9 Stoiko Fax to Cooper# 11 Exhibit 10 Discipline Notice# 12 Exhibit 11 Stoiko EEOC Charge# 13 Exhibit 12 Stoiko Application# 14 Exhibit 13 Carter Case# 15 Exhibit 14 EEOC Website# 16 Exhibit 15 Karvelis EEOC Charge# 17 Exhibit 16 Karvelis Notice of Dismiss# 18 Exhibit 17 Karvelis Case# 19 Exhibit 18 Neal Case# 20 Exhibit 19 EEOC Rose Case)(Dewitt, Charles) (Entered: 02/05/2007)
24 NOTICE of Appearance by Cathleen C. Jansen on behalf of all defendants. (Jansen, Cathleen) (Entered: 02/12/2007)
25 ORDER with Stipulation to Extend Time to File Response to Motion in Limine. Responses due by 3/9/2007. Signed by Honorable Marianne O Battani. (BThe, ) (Entered: 02/16/2007)
26 NOTICE of Appearance by Dale R. Price, Jr on behalf of Equal Employment Opportunity Commission. (Price, Dale) (Entered: 03/09/2007)
27 RESPONSE to 21 MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages filed by Equal Employment Opportunity Commission. (Price, Dale) (Entered: 03/09/2007)

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03/09/2007
03/09/2007 03/23/2007 03/23/2007
03/23/2007

28 RESPONSE to 23 MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief filed by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 03/09/2007)
29 RESPONSE to 22 MOTION in Limine to Cut-Off Stoiko's Damages And Limit His Back Pay filed by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 03/09/2007)
30 REPLY to Response re 22 MOTION in Limine to Cut-Off Stoiko's Damages And Limit His Back Pay filed by all defendants. (Dewitt, Charles) (Entered: 03/23/2007)
31 REPLY to Response re 23 MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit Ex 1 Jones Termination Notice) (Dewitt, Charles) (Entered: 03/23/2007)
32 REPLY to Response re 21 MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages filed by all defendants.

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04/17/2007 04/17/2007

(Attachments: # 1 Index of Exhibits # 2 Exhibit Ex 1-Jones Termination Notice# 3 Exhibit Ex 2-Excerpt SJ Transcript) (Dewitt, Charles) (Entered: 03/23/2007)
33 EXHIBIT 8 - Supplement re 21 MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages, 23 MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief by all defendants (Dewitt, Charles) (Entered: 04/17/2007)
Minute Entry -Motion Hearing held on 4/17/2007 re 21 MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages MOTION in Limine (1) To Preclude The EEOC From Requesting Punitive Damages; (2) To Strike The EEOC's Request For Punitive Damages; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Punitive Damages filed by Home Depot U.S.A., Incorporated, Expo Design Center, 22 MOTION in Limine to Cut-Off Stoiko's Damages And Limit His Back Pay filed by Home Depot U.S.A., Incorporated, Expo Design Center, 23 MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting

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04/18/2007 05/16/2007

Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief MOTION in Limine (1) To Preclude The EEOC From Requesting Injunctive Relief; (2) To Strike The EEOC's Request For Injunctive Relief; and (3) For Declaratory/Summary Judgment Concerning The EEOC's Request For Injunctive Relief filed by Home Depot U.S.A., Incorporated, Expo Design Center, Final Pretrial Conference held on 4/17/2007 before Honorable Marianne O Battani. (Court Reporter Allen Burnham) (CMot) (Entered: 04/17/2007)
34 ORDER granting 21 Motion in Limine; granting 22 Motion in Limine; granting 23 Motion in Limine. Signed by Honorable Marianne O Battani. (BThe) (Entered: 04/18/2007)
35 CONSENT DECREE Signed by Honorable Marianne O Battani. (BThe) (Entered: 05/16/2007)

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