1 Richard R. Trujillo
C. Emanuel Smith
2 P. David Lopez
Michelle Marshall #017358
3 Equal Employment Opportunity Commission
Phoenix District Office
4 3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012-9688
5 Telephone: (602) 640-5016
Fax: (602) 640·5009
6
Attorneys for Plaintiff
7

FILED

_ LODGED

_ RECEIVED •. _ COpy

SEP 2~ 82000

ICTCOURT ..,

RIZONA

BY

Z' DEPUTY

B

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Equal Employment Opportunity Commission,

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Plaintiff,

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vs.

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Arrowhead Bagel Company, L.L.C. Defendant.

16

D~lao 186 0PHX Sr-~1M
COMPLAINT
(JURY TRIAL DEMAND)

17

NATURE OF THE ACTION

18

1. This is an action pursuant to Title VII of the Civil Rights Act of 1964,

19 as amended and the Civil Rights Act of 1991, 42 U.S.C. § 1981 a against

20 Arrowhead Bagel Company, L.L.C. ("Arrowhead Bagel") seeking redress for

21 unlawful sexual discrimination, sexual harassment and termination against a

22 class of women. Plaintiff, Equal Employment Opportunity Commission (the

23 "Commission") contends that Arrowhead Bagel has discriminated against and

24 continues to discriminate against female employees, including minors, on the

25 basis of their gender by SUbjecting them to unlawful sexual discrimination and

26 sexual harassment.

27

JURISDICTION AND VENUE

28

2. This Court's jurisdiction is invoked pursuant to 28 U.S.G. §§ 451,

.-.J"

1 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to

2 sections 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as

3 amended, 42 U.S.C. § 2000e-5(f)(1) and (3); §2000e-6; and section 102 of the

4 Civil Rights Act of 1991, 42 U.S.C. § 1981a.

5

3. Arrowhead Bagel's unlawful employment practices were committed

6 in the state of Arizona and, accordingly, venue is proper in this Court.

7

PARTIES

8

4. The Commission is the agency of the United States of America

9 charged with the administration, interpretation and enforcement of Title VII and is

10 expressly authorized to bring this action by 42 U.S.C. § 2000e-5(f)(1) and (3).

1 1 5 . More than thirty days prior to the institution of this lawsuit, Melissa

12 Barker (the "charging party") filed a charge of discrimination with the Commission

13 alleging that Arrowhead Bagel violated Title VII by sUbjecting her to sexual

14 harassment. All conditions precedent to the institution of this lawsuit have been

15 fulfilled.

16

6. Arrowhead Bagel is an Arizona limited liability corporation which

17 operates stores in Arizona and have, at all relevant times, employed a sufficient

18 number of employees to sUbject them to jurisdiction under Title VII.

19

8. At all relevant times, Arrowhead Bagel has continuously been an

20 employer engaged in an industry affecting commerce within the meaning of

21 Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).

22

STATEMENT OF CLAIMS

23

9. More than thirty days prior to institution of this lawsuit, the charging

24 parties filed charges with the Commission alleging violations of Title VII by

25 Arrowhead Bagel.

26

10. Charging party Melissa Barker was employed by Arrowhead Bagel.

27

11. Since at least May, 1997, Arrowhead Bagel has engaged in unlawful

28 employment practices at its Arizona locations in violation of Section 703(a) of

2

",-",

1 Title VII, 42 U.S.C. § 2000e-2(a), including subjecting Charging Party and a class

2 of women to a hostile work environment due to sexual harassment and forcing

3 Ms. Barker and other female employees to resign because of the sexual

4 harassment.

5

12. The sexual harassment to which Arrowhead Bagel subjected the

6 charging party and a class of female employees, including minor female

7 employees, included:

8

a). unwelcome and inappropriate touching of their bodies; and

9

b). unwelcome and inappropriate sexual comments including

10

comments concerning the bodies of female employees.

11

13. Since at least May, 1997, Arrowhead Bagel has engaged in a pattern

12 and practice of sex discrimination against female employees, including sexual

13 harassment. The pattern or practice is of such a nature that it is intended to deny

14 employees the full exercise of their Title VII rights because of sex, in violation of

15 Section 707 of Title VII, 42 U.S.C. § 2000e-6. Such discrimination included:

16

a). subjecting female employees to unwelcome and inappropriate touching

17

of their bodies; and

18

b). subjecting female employees to unwelcome and inappropriate

19

sexual comments including comments concerning female bodies.

20

14. The effect of the practices complained of in paragraphs nine (9)

21 through thirteen (13) above has been to deprive the charging party and a class of

22 females of equal employment opportunities and otherwise adversely affected

23 their status as employees because of their sex.

24

15. The unlawful employment practices outlined above were intentional.

25

16. Arrowhead Bagel engaged in the unlawful employment practices

26 outlined above in reckless indifference to the federally protected rights of the

27 charging parties and a class of females.

28

3

.......

0""'-'0'

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully requests that this Court:

3

A. Grant a permanent injunction enjoining Arrowhead Bagel, its officers,

4

successors, assigns, and all persons in active concert or

5

participation with it, from engaging in discrimination on the basis of

6

sex or retaliation.

7

B. Order Arrowhead Bagel to institute and carry out policies, practices,

8

and programs which provide equal employment opportunities for

9

females and which eradicate the effects of their past and present

10

unlawful employment practices.

11

C. Order Arrowhead Bagel to make whole charging party and a class of

12

similarly situated females by providing appropriate back pay with

13

prejudgment interest, in amounts to be determined at trial, and other

14

affirmative relief necessary to eradicate the effects of their unlawful

15

employment practices.

16

D. Order Arrowhead Bagel to make whole charging party and a class of

17

similarly situated females by providing compensation for past and

18

future pecuniary losses resulting from the unlawful employment

19

practices described above in amounts to be determined at trial.

20

E. Order Arrowhead Bagel to make whole charging party and a class of

21

similarly situated females by providing compensation for past and

22

future non-pecuniary losses resulting from the unlawful practices

23

complained of above including emotional pain, suffering,

24

inconvenience, mental anguish, and loss of enjoyment of life, in

25

amounts to be determined at trial.

26

F. Order Arrowhead Bagel to pay punitive damages for their malicious

27

and/or reckless disregard to the federally protected rights of the

28

charging party and other similarly situated females described above,

4

1

in amounts to be determined at trial.

2

G. Grant such further relief as the Court deems necessary and proper in

3

the public interest.

4

H. Award the Commission its costs of this action.

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7

8

9

10

11

12

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15

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........-/...

1

JURY DEMAND

2

The Commission respectfully requests a trial by jury on all appropriate

3 Claims for Relief set forth in this Complaint.

4

DATED thi~...3!day of~~~, 2000.

5

Respectfully submitted,

6

C. GREGORY STEWART

General Counsel

7

8

GWENDOLYN YOUNG REAMS Associate General Counsel

9

EQUAL EMPLOYMENT OPPORTUNITY

10

COMMISSION 1801 L Street N.W.

11

Washington, D.C. 20507

12
13

~Re~g~io.na,l ;A;t1tfot~;"';'L~O----

14

15

16

Supervisory Trial Attorney

17

Q/frM ~

18

.\XOIl"i loDe}

• ~ I,J'rlY IL.I... 'I-I-

19

Trial Attorney ,

20 21

~~~~ Trial Attorney

22

EQUAL EMPLOYMENT OPPORTUNITY

23

COMMISSION Phoenix District Office

24

3300 N. Central Aver{ Suite 690 Phoenix, Arizona 85u12

25

(602) 640-5016

26

Attorneys for Plaintiff

27

28

6

 
 -'
.:: :

FILED RECEIVED _

LODGED COpy

U. S. DISTRICT COURT

SEP 2. 7 2001

FOR THE DISTRICT OF ARIZONA
~V

lgSFT.RA.IrC.".1T/F7C0lNO}AU~fRlUT'fY

EQUAL EMPLOYMENT OPPORTUNITy)

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

ARROWHEAD BAGEL COMPANY,

)

LLC,

)

)

Defendant.

)

)

CIV 00-1860-PHX~SMM (YAM) DEFAULT JUDGMENT

Pursuant to Rule 55(b) of the Federal Rules of Civil Procedure and upon Application of Plaintiff, default judgment is entered against Defendant in the following ~m.ounts and as to the following injunctive relief:
1) On behalf of Danielle Welker, back pay in the amount of $2,568 plus interest for the period 12/1/98 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000;
2) On behalf of Terry Boroff, compensatory damages of $5,000 and punitive
damages of $5,000; 3) On behalf of Jessica Young, compensatory damages in the amount of
$25,000 and punitive damages of $25,000;

-'
4) On behalf of April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000;
5) On behalf of Melissa Barker, back pay and interest in the amount of $17,846.77, plus compensatory damages of $25,000 and punitive damages of $25,000;
6) On behalf of Amy Sweitzer, compensatory damages of $10,000 and punitive damages of $20,000;
7) On behalf of Amber Bean, compensatory damages of $10,000 and punitive damages of $20,000;
8) On behalf of Dennis Parson, back pay in the amount of $7,840 plus interest from 2/15/99 to the date of judgment, plus compensatory damages of $10,000 and punitive damages of $20,000;
9) On behalf of the EEOC, injunctive relief, for a period of 5 years from the date of final judgment.

RICHARD H. WEARE, Clerk/DCE

By:

_

Kathy M. Gerchar, Deputy Clerk

cc: all counsel

 
 ...

1

~JI.CO _ LODGE

- R!a/iJVED _ COpy

2
SEP 272001

3

OL.~PlK:. Us·' TRleT COURT

4

BY CIST. J . FAfll1QN~;A~Uf¥

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

9 Equal Employment Commission,
10

No. CIV-00-1860-PHX-Sl\1M (YAM) ORDER

11 vs.
12

13 Arrowhead Bagel Company, LLC,

14

15

16

17

The Court having reviewed ~ novo the Magistrate Judge's Report and

18 Recommendation dated June 5, 2001 and June 20, 2001 and no party having filed any

19 objection to either Report and Recommendation,

20

IT IS HEREBY ORDERED that the Magistrate Judge's Report and

21 Recommendation dated June 5, 2001 (Doc. No. 22) and Report and Recommendation dated

22 June 20, 2001 (Doc. No. 25) are accepted and adopted by the Court;

23

IT IS FURTHER ORDERED that the Plaintiffs Motion to Amend Complaint to

24 Conform to Evidence (Doc. No. 20) is granted;

25

IT IS FURTHER ORDERED that default judgment is entered against Defendant in

26 the following amounts and as to the following injunctive relief:

27

1

1. On behalfofDanielle Welker, back pay in the amount of$2568.00 plus interest

2 for the period December 1, 1998 until the date ofjudgment, plus compensatory damages of

3 $25,000.00 and punitive damages of$25,000.00;

4

2. On behalf of Terry Boroff, compensatory damages of $5,000.00 and punitive

5 damages of$5,000.00;

6

3. On behalf of Jessica Young, compensatory damages in the amount of

7 $25,000.00 and punitive damages of $25,000.00;

8

4. On behalf of April Heinzerling, back pay of $10,424.70 plus interest from

9 February 1, 1999 until the date ofjudgment, plus compensatory damages of $25,000.00 and

10 punitive damages of$25,000.00;

11

5. On behalf of Melissa Barker, back pay and interest in the amount of

12 $17,846.77, plus compensatory damages of$25;000.00 and punitive damages of$25,000.00;

13

6. On behalfof Amy Sweitzer, compensatory damages of$10,000.00 and punitive

14 damages of$20,000.00;

15

7. On behalf of Amber Bean, compensatory damages of$10,000.00 and punitive

16 damages of$20,000.00;

17

8. On behalf of Dennis Parson, back pay in the amount of$7840.00 plus interest

18 from February 15, 1999 to the date ofjudgment, plus compensatory damages of$lO,OOO.OO

19 and punitive damages of $20,000.00;

20

9. On behalf ofthe EEOC, injunctive relief, for a period of 5 years from the date

21 of final judgment, which requires Defendant, Arrowhead Bagel Company, LLC, to do the

22 following if it conducts any further business:

23

a. Immediately give notice of its resumption of business to the nearest

24

EEOC office;

"-

25

b. Prepare and submit to the EEOC, a sexual harassment policy to be

26

reviewed and approved by the EEOC;

27

28

-2-

.~.

1

c. Once approved, Defendant is to post its EEOC policy in a prominent

2

location within the work area where all employees will have access to the

3

policy;

4

d. Conduct training for all employees on the sexual harassment policy at

5

least twice a year;

6

e. Designate someone who has responsibility for receiving and acting on

7

sexual harassment complaints and advise the employees of the name of the

8

person designated;

9

f. Post, in the work place, the address and phone number for the closest

10

EEOC office with a statement that sexual harassment complaints may be

11

reported to the EEOC;

12

g. Defenda~t is to report to· the EEOC all complaints from employees

13

regarding sexual harassment;

14

h. If Steven Oceretko continues to be an owner of Defendant or work for

15

the Defendant in any way, he is to attend a seminar regarding preventing

16

sexual harassment in the work place at least twice a year and certify his

17

attendance to the EEOC.

18

The Clerk of the Court is directed to enter judgment accord-i--ngly; and

19

IT IS FURTHER ORDERED that the exhibits marked and admitted in this case

20 shall be returned to Plaintiffs counsel. Counsel is directed to retain custody of the exhibits

21 until the case has been completely terminated, including all appeals. The Clerk of the Court

22 is directed to mail the exhibits to Plaintiffs counsel.

23

DATED this 2.s- day of September, 2001.

24

25

26
.ChIefUmted States DIstrIct Judge 27

28

-3-

 
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STD, TERMED
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:00-cv-01860-SMM

EEOC, et al v. Arrowhead Bagel Co Assigned to: Judge Stephen M McNamee Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2000 Date Terminated: 09/27/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5033 Fax: 602-640-5009 Email: emanuel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle G Marshall EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5020 Fax: 602-640-5009 Email: michelle.marshall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

P David Lopez EEOC 3300 N Central Ave Ste 600 Phoenix, AZ 85012-1848 602-640-5016 Fax: 602-640-5009 Email: patrick.lopez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard R Trujillo Equal Employment Opportunity Commission

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V. Defendant Arrowhead Bagel Co

3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 (602)640-5007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2000 12/14/2000 01/02/2001 01/22/2001 01/24/2001 03/06/2001 03/07/2001
04/02/2001
04/09/2001

#

Docket Text

1 COMPLAINT FILED (LSP) (Entered: 09/29/2000)

2 RETURN OF SERVICE EXECUTED personally upon dft Arrowhead Bagel Co (s/c) on 12/11/00, by svc upon its statutory agent, Mathis Becker. (former emp) (Entered: 12/15/2000)

3 STANDARD CIVIL TRACK INITIAL ORDER by Judge Stephen M. McNamee (cc: all counsel) re: order [3-1] (former emp) (Entered: 01/02/2001)

4 APPLICATION by pla for entry of dflt pon Arrowhead Bagel Co (former emp) (Entered: 01/24/2001)

5 DEFAULT ENTERED (re application as to dft Arrowhead Bagel Co (cc: all counsel) (former emp) (Entered: 01/24/2001)

7 MOTION for default judgment against Arrowhead Bagel Co by pla [7-1] (former emp) (Entered: 03/08/2001)

6 MINUTE ORDER: IT IS ORDERED setting a status hearing, re: plaintiff's motion for entry of default judgment and to set jury trial for Monday, April 2, 2001 at 2:30 p.m. before the Honorable Stephen M. McNamee in courtroom #4, 6th floor (cc: all counsel/MP) [6-3] (ALL) (Entered: 03/07/2001)

8 MINUTE ENTRY before Judge Stephen M. McNamee Crt Rptr: Merilyn Sanchez PRESENT: Michelle G. Marshall for the plaintiff. Frank Faase, Co-owner for Arrowhead Bagel Co. Status hearing held. Counsel for the plaintiff requests this matter be referred to the Magistrate Judge for the purpose of conducting a two-day evidentiary hearing regarding their motion for default judgment. So ordered. The Court will refer this matter to a Magistrate Judge. A supplemental order will follow. [cc: all counsel/MP] [8-2] (ALL) (Entered: 04/02/2001)

9 ORDER by Judge Stephen M. McNamee that Pla's request for a jury trial on damages is denied [7] FURTHER ORDERED that this matter is referred to the Hon Virginia A Mathis for an evidentiary hearing on damages, Evidentiary Hearing set for 9:30 5/23/01 and continuing until

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04/13/2001 04/25/2001 05/21/2001 05/23/2001
05/24/2001
05/24/2001 05/24/2001 05/30/2001 05/31/2001 06/06/2001 06/07/2001 06/07/2001
06/07/2001

5/24/01 , before Mag Judge Virginia A. Mathis (cc: all counsel) (MAP) (Entered: 04/09/2001)
10 NOTICE by pla EEOC of service of a copy of the 4/3/01 order on the dft (former emp) (Entered: 04/18/2001)
11 NOTICE by pla OF TAKING DEPO OF Custodian of Records, Glendale Police Dept., on the following date(s): 5/8/01 (former emp) (Entered: 04/25/2001)
12 TRIAL BRIEF FILED by pla (former emp) (Entered: 05/22/2001)
13 MINUTE ENTRY before Judge Stephen M. McNamee Crt Rptr: Vicki Reger Evidentiary Hearing Held Plaintiffs' Exhibit 1 and 2 admitted Hearing to resume 5/24/01 at 9:30am [cc: all cnsl] [13-2] (MAP) Modified on 05/24/2001 (Entered: 05/24/2001)
14 MINUTE ENTRY before Magistrate Judge Virginia A Mathis Crt Rptr: Gary Moll Evidentiary Hearing Continues Witnesses sworn and examined. Pla's Exhibits admitted Matter Taken Under Advisement [cc: all counsel] [14-1] re: minute entry [14-1] (MAP) Modified on 05/25/2001 (Entered: 05/25/2001)
15 WITNESS LIST by pla EEOC (for Evidentiary Hearing) (MAP) (Entered: 05/25/2001)
16 EXHIBIT LIST submitted by pla EEOC (for Evidentiary Hearing) (MAP) (Entered: 05/25/2001)
17 NOTICE by pla of filing backpay calculations for April Heinzerling, Danielle Welker and Dennis Parson. (former emp) (Entered: 06/01/2001)
18 SUPPLEMENTAL BRIEF FILED by pla regarding injunctive relief [121] (former emp) (Entered: 06/06/2001)
19 Transcript Ordering Form by pla re hearing of 5/23/01 through 5/24/01. (former emp) (Entered: 06/08/2001)
20 MOTION to amend complaint to conform to evidence by pla EEOC [201] (no lodged pleading submitted, SIGNEED copy attached as an exhibit) (MAP) (Entered: 06/11/2001)
21 (NOTICE OF FILING) EXECUTED DECLARATION of David Lopez in re motion to amend complaint to conform to evidence by pla EEOC [20-1] (no lodged pleading submitted, SIGNEED copy attached as an exhibit) [20-1] (MAP) (Entered: 06/11/2001)
22 REPORT AND RECOMMENDATION by Mag Judge Virginia A. Mathis: Recommend that this Crt enter dflt jgm in the following amts and as to the following injunctive relief: 1) On behalf of Danielle Welker, backpay in the amt of $2,568.00 plus interest for the period 12/1/98 through jgm, plus compensatory (comp) damages (dmgs) of $25,000 and punitive dmgs of $25,000. 2) On behalf of Terry Boroff, comp dmgs of $5,000 and punitive dmgs of $5,000. 3) On behalf of Jessica Young,

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06/15/2001 06/15/2001 06/21/2001
06/22/2001 06/27/2001
09/27/2001

comp dmgs of $25,000 and punitive dmgs of $25,000. 4) On behalf of April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 through date of jgm plus comp dmgs of $25,000 and punitive dmgs of $25,000. 5) On behalf of Melissa Barker, back pay and interest in the amt of $17,846.77, plus comp dmgs of $25,000 and punitive dmgs of $25,000. 6) On behalf of Amy Sweitzer, comp dmgs of $10,000 and punitive dmgs of $20,000. 7) On behalf of Amber Bean, comp dmgs of $10,000 and punitive dmgs of $20,000. 8) On behalf of Dennis Parson, back pay in the amt of $7,840.00 plus interest from 2/15/99 to date of jgm plus comp dmgs of $10,000 and punitive dmgs of $20,000. 9) On behalf of EEOC, injunctive relief, for a period of 5 years from the dte of final jgm which requires dft Arrowhead Bagel Co., LLC to do the following if it conducts any further business: See doc for further details. (cc: all cnsl) (former emp) (Entered: 06/12/2001)
23 TRANSCRIPT of Evidentiary Hearing (Vol 2) by Court Reporter: G. Moll for the following date(s): 5/24/01 (former emp) (Entered: 06/18/2001)
24 TRANSCRIPT of Evidentiary Hearing - Volume 2 (Excerpt - testimony of Dennis Parson) by Court Reporter: G. Moll for the following date(s): 5/24/01. (former emp) (Entered: 06/18/2001)
25 REPORT AND RECOMMENDATION by Mag Judge Virginia A. Mathis recommending that, if dft does not obj to the mtn to amend, the mtn to amend be granted. (cc: all cnsl) (former emp) (Entered: 06/21/2001)
26 TRANSCRIPT of Evidentiary Hrg by Court Reporter: V. Reger for the following date(s): 5/23/01. (former emp) (Entered: 06/27/2001)
27 NOTICE by pla of filing backpay calculations including interest through 6/26/01 for April Heinzerling, Danielle Welker, Melissa Barker and Dennis Parson according to the Court's R&R dated 6/5/01. (former emp) (Entered: 07/02/2001)
28 ORDER by Judge Stephen M. McNamee that the Magistrate Judge's REPORT AND RECOMMENDATION dated 6/5/01 and 6/20/01 are accepted and adopted by the Court. FURTHER ORDERED that pla's motion to amend complaint to conform to evidence [20-1] is granted (no lodged pleading submitted, SIGNEED copy attached as an exhibit). FURTHER ORDERED that default judgment is entered against Arrowhead Bagel Co [7-1] in the following injunctive relief: 1) Daniell Welker, back pay of $2568.00 plus interest for the period 12/1/98 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000. 2) Terry Boroff, compensatory damages of $5,000 and punitive damages of $5,000. 3) Jessica Young, compensatory damages in the amount of $25,000 and punitive damages of $25,000; 4) April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 5) Melissa Barker, back pay and interest in the amount of $17,846.77, plus compensatory damages of $25,000 and

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09/27/2001 03/06/2002

punitive damages of $25,000; 6) Amy Sweitzer, compensatory damages of $10,000 and punitive damages of $20,000; Amber Bean, compensatory damages of $10,000 and punitive damages of $20,000; 8) Dennis Parson, back pay in the amount of $7840 plus interest from 2/15/99 to the date of judgment, plus compensatory damages of $10,000 and punitive damages of $20,000; 9) On behalf of the EEOC, injunctive relief, for a period of 5 years from the date of final judgment, which requires dft, Arrowhead Begal Company, LLC, to do the as instructed in this Order. The Clerk is directed to enter judgment accordingly; and IT IS FURTHER ORDERED that the exhibits marked and admitted in this case shall be returned to pla's counsel. terminating case (cc: all counsel) (KMG) (Entered: 09/27/2001)
29 DEFAULT JUDGMENT entered re: order [28-2], re: motion for default judgment against Arrowhead Bagel Co by pla [7-1]; Pursuant to Rule 55 (b) of the Federal Rules of Civil Procedure and upon Application of Plaintiff, default judgment is entered against Defendant in the following amounts and as to the following injunctive relief: 1) On behalf of Danielle Welker, back pay in the amount of $2,568 plus interest for the period 12/1/98 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 2) On behalf of Terry Boroff, compensatory damages of $5,000 and punitive damages of $5,000; 3) On behalf of Jessica Young, compensatory damages in the amount of $25,000 and punitive damages of $25,000; 4) On behalf of April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 5) On behalf of Melissa Barker, back pay and interest in the amount of $17,846.77, plus compensatory damages of $25,000 and punitive damages of $25,000; 6) On behalf of Amy Sweitzer, compensatory damages of $10,000 and punitive damages of $20,000; 7) On behalf of Amber Bean, compensatory damages of $10,000 and punitive damages of $20,000; 8) On behalf of Dennis Parson, back pay in the amount of $7,840 plus interest from 2/15/99 to the date of judgment, plus compensatory damages of $10,000 and punitive damages of $20,000; 9) On behalf of the EEOC, injunctive relief, for a period of 5 years from the date of final judgment. (cc: all counsel) (KMG) (Entered: 09/27/2001)
30 NOTICE by pla EEOC OF TAKING DEPOSITIONS OF Steve Oceretko on 4/2/02, Caroline Oceretko on 4/2/02, Frank Fasse on 4/3/02 and Bernadine Fasse on 4/3/02 (SAT) (Entered: 03/07/2002)

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SMM 0.24

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https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?585343096621762-L_353_0-1

3/20/2007