Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 1 of 8

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

EQUAL EMPLOYMENT OPPORTUNITY)

COlv[~lISSION,

)

)

Plaintifl:

)

)

v.

)

)

METRO SPECIALTIES, INC.

)

)

Del"endant.

)

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

MAGISTRATE JUDGE CAPEL,
JUDGE : Friedman, Bernard A. DECK : S. Division Civil Deck DATE : 06/24/2005 @ 10:38:44 CASE II'O'MBER : 2: 05CV72516 CMF EEOC V. METRO SPECIALISTS (KC) 51
COMPLAINT AND .JURY TRIAL DEMAND

NATLJ[{E OF THE ACTION

This is an action under Title VII or lhe Civil Rights Act of 1964 lind Title I the Civil

Rights A~t of 1991 to correct unlawful employment practices on the basis or sex, and to provide

appropriate relicf to JcnniJer Roudrie who was adversely affected by such practices, The EEOC

alleges lhat Defendant, Metro Specialties. Inc., subjected I30udric to a sexually hostile work

envi]'(lIlment and that the DetCndant, having knowledge of the harassment, Ji.tiled to take reasonable

care to prevent the harassment and to take (;orr~ctive action to end the harassment. As a consequence,

Houdri~ was constructively discbarged because of the harassment.

JURISDICTION AND VENUE I. .lurisdicti(>1l (lfthis Court is invoked pursuant t(l28 U.S.C. §§ 451,133 I. 1337,1343, and 1345. This adion is uuthori"ed and instituted pursuanllo Sectiolls 706(£)(1) and (3) and 707(e)
of Title VII or the Civil Rights Aet of 1964, as amended, 42 U.S.C. 2000c-5(f)( I) and (3) and 42
* lJ,g.c. 2000e-6(e)("Titlc VII"), and Section 102 ofthe Civil Rights Act 01'1991, 42 U.S,C, I9X la.

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 2 of 8

28 U.S.C. §§ 451, m J, 1337, 1343 and J345.

2, Th~ employment practices alleged to be unJaw!lll were and are now being committed

within the jurisdiction of the linited States Dislrict ('(nnt for the Eastern District or Michigan, Southern Division.

3. I'lainlilT, the Equal Employment Opportunity Commission ("EEOC" or

"Commission"), is the agem:y of the United States of America charged with the administration,

interpretation, and enforccment of Title Vll, and is expressly authorized to bring this action by Section 706(f)(!) and (3) and 707(e) of'l'itlc VIl, 42 U.S.C. ~~ 2000d(1)(1) and (3), and 2000e-
6(e).

4. At all relevant times, Defendant Metro Specialties, Inc. ("Employer" or "Metro"), h'ls

continuously been a corporation doing business in Monroe, Michigan, and has continuously had at least 15 employees.

5. At all r~levant times, Dei'endant Employer has continuously been an employer engaged in an industry alre~ting commerce wilhinlhe meaning ofSeclions 701(b), (g), and (h) of Title VII, 42 U.S.C, ~* 2000e(b), (g), and (h).

SIATEMENT OF CLAlMS

6.

More than thirty clays prior to the institution orthis lawsuit, Jennifer Boudrie filecl

a chargc with the Commission alleging violations or Title VII by Defcndant Employer. All

conditions prt!celknt to the institution oj' this lawsuit have heen fultllled.

7. Since at least July 2003, Dd1:ndant Employer has engaged in lInlawltli employment practices at ils Monroe, lVlichigan Itlcility, in violation or Se~tion 703(a), 42 l),S.C. § 2000e-2(a),

The DcI,mdant's unlawful employment practices include the following:

a. S~veral ofthe defendant's employees and supervisors, created 'I sexually hostile work

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 3 of 8
environment for Boudrie, by constantly subjecting her to unwelcome sexual comments. h. From July 2003 onward, Boudric was i(lrced to listcn to sex-based comments nUlde by co-workers. Specifically, co-workers mimed masturbation, howled when she bent over, asked her to periilrm oral sex and described her with terms like "lesbian," "bitch," "slut," "ho," and "puta." She also had to walk past pictures ofnaked women
every day and iilLUld a crudc cartoon of a naked woman named "Jeny Isic1PUla" in
her work 'Irea. Boudrie repeatedly requested that the co-workers stop this behavior, but they continued to makc sexually hostile comments and otherwise refused to change their behavior, c. Supervisors also engaged in sexually hostile behavior, advising her co-workers lhat they could caU her "bitch," lOalling the cartoon accurate, and passing Out postcards of topless women to the male employees. c, 130udric also (;omplained to sup~rvisors about the unwelcome behavior. In spite of its knowledge of the harassment and the sexually hostile work environment, the Dclendant lililed to take reasonable care to prevent the harassmenl and to take corrective action to end the harassment. d, Defendant's fuilure to take reasonable care to prevent and correct the hurassmcnt resulted in Boudrie being constructively discharged on January 28, 2004, S. The effect of the pattern and practice nrconduct complained orin paragraph 7 above hus been to deprive Roudrie of equal employment opportunities and otherwise adversely to affect her slatus as an employee because of her sex. 9. The unlawful employment pm(;tices complained of in paragraph 7 alxlVe were and

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 4 of 8
arc intentional. 10. As the result ofthc unlawful employmcnt practiccs, Boudrie has sulTcred cmotional
pain, suffering, inconvenience, mcntal anguish, loss of enjoymcnt of lile. II. The unlawful employmcnt pmctices complained of in paragmph 7 above were and
are done with malice or with reckless indifTcrence to the fedcmlly protected rights of Boudrie.
PRAYER FOR RELIEF Wherefore, the Commission respectfully rcquests that this Court: A. Grant a permanent injunction enjoining Delendant Employer, its of1icers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Ordcr Defendant Employer to institute and carry out policies, practices, and progr.lms which provide equal employment opportunities for women. and which eradicate the ci1ects onts past and present unlawful employment practices. C. Order the Defendant Employer to make whole Boudrie, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other aJTirmative relief necessary to eradicate the ct1ects of its unlawful employment practices. D. Order Dc1endant Employer to make whole Boudrie, by providing compensation lor past and futurc pecuniary losses resulting from thc unlawful employment practices described in paragraph 7 above in amounts to be proven at trial. E. Ordcr Defendant Employer to make whole Boudrie by providing compensation lor past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above in amounts to be proven at trial.

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 5 of 8

Order Defendant Employt![ to pay Boudrie punitive dumages t(lt its maliciou~ or reckless conduct describcd in panlgraph 7 above, in amounts to be proven at trial.

(J, Onle!' Defendant Employer to implement a sexual harassment policy, including but

not limited (0 providing an effective reporting mechanism and (0 provide training to its employees regarding Title Vll, including sexual harassment.

H.
i nteres!.
L

Grant such further relief as the Court deems necessary and proper in (he public
Award the Commission its COSIS or this action.

JURY TRIAL DEMAND

The Commission requests ajury trial on all questions of fact raised by its complaint.

Respectfully submitted,
ERIC S. DREIilAND General COllnsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel OffiCE OF GENERAL C01JNSEL Trial Services Division 1gO I "L" Street, N. W. Washington, DC. 20507
ADEL~O~rt:ir!33--)- -
Regional Attorney
ROBERT K. DA WKINS (P382g9) Supervisory Trial Attorney

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 6 of 8
DALE PRICE (1'55578) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. MeNumara Bldg. 477 Michigan Avenue. Rm. 865 Detroit, Michigan 48226 Telephone: 313/226-7808

i~/ tAlC-" Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 7 of 8

JS4411/99

CIVIL COVER SHEET COUNTY IN WHICH TI1IS ACTION AROSE: MONROE

7257 &

uno ;J - 8137°297 The JS 44 clvil cover she!:!1 and the information contained herein neither replace nor supplement the filing and service of ple;slding!S or other pape~sr~ir~

by law. except as provided by local rules of ('..owl. This form, appn:,lved by the Judicial Conference of the

tees in

re re

tur uSe of the Clf'!rk of' Court for the purpose of initiating the civil docket sheet.

I. (a) PLAINTIFFS

DEFENDANTS

U,S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

METRO SPECIALTIES, INC.

{b) County of Re5id~nce of First Listed

A~(;~RO~ County QI Re,id.nooo! Firsl USled

)

(C) Attorney's (Firm Name, Address, <m:l TelE:!phon~ Number)

.... NOTE: IN LANO CONDEMNATION CA S, USE TH~ON Or THE

".
'~om

ciCc(I) I I F n . _
")~R'EDMAN

re ~ale Pric~ (P55578): Equal En1ploymel1l opportMA:GISTfVl
CommiSSion, 477 MIchigan Avenue, Room R65, Detroit;

JUDGE CAPEL.

MI 48226 (J 13) 226-1808

~" OF JU"'~"'ON,.." -,- . . . . . ..,

II!:I 1 S. Government Plaintiff

fl 3 Federal Q~je$I;On (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Pia" an "X" in One Bo, ro, Plaintiff

(Fa! Di\Jersity Cases Only)

and One 80): fOf ~rendant)

PLA OEF

U Citizen of This St<ilte

I

I

PLA DEF
Il4 Inc:orporated or Principal P'~cP- [J 4 of Business In This State

U 2 U.S. Government
oafondant

4 Diversity (I ndic1:Ite CitizI;!n5hlp of Parties lollem 111)

IV, NATURE OF SUIT
CONT~I\(:T

(Plscli! <:In "X" in One Box Only)
TORTS

I I Ci~zen of Another

2

2

0 U3 Citizen Of' Subject Qf a 3 FOfF'inn Count!'v

Do Incorpo(ated and Principal

II 0

of Bv~jne6& In Atlother State

Foreign Nation

[lS 06

!'OKfF. TTlmE/PENALTY

BANKRUPTCY

O'l'Hf.R STATUTES

n 1 1 0 Illtsurar'lce
0 120 Manne LI 1jO Miller Ad r:J 140 Negotiable Instrument 0 150 Rer;ol,n';ry af
Olferpayment anc:l enrt'lr'c:ement of Jud!jlrnl!!int
n 151 Medicare Act

fl'I:.RSONAlINJURY 0 31 0 Airplane
" :) 15 I\irp",fle rJroduct Liability 0
320 Assault Lib,,1 And Sh!lnder
0 JJO r-:eder.J1 Cmplu,.I:I(l;'

PERSONAl.. IN.,JURY U U 362 Personal Injl,lry" ()
Med. Malpractice 0
0 355 t'ro.r~uor;~'l!U~nI~II'Y/ . ,.I

LJ 36e A$b~iSt()S Persooel U

Injury Produc:l.

Liability

U

152 RI:!r;ove!)l of Defaulted

"

Stud~nt LQOI,ls

(EKd, Veterans)

0

3 FlecoylM'Y al OV$(pa~YI~11'

01 Veteran's Benefits

, 1150 Sio!;kholders' Suits

0 190 Other Conlract

" 195 CI:m\r;;\d f"rCldud liability

U;"bilily
U 340 Molrint!;
n 345 Marine Product
I i;bility
n 350 Motor Vehicle
r:J 355 MotorVehide Product U;ll:.lllily
i, 360 Ott!!:!I' Personal Injury

0

PERSONAL f;'R:OF'ERTY

o 370 Other Fraud

0

U 371 Truth in I.~r'lding
o 380 Other PI!lrs.on~1

Property O"rn;;lge U 3aG ProperlY Damage

0

Product Liability [1

Rt;AL PROP£RT'i/ ",CIVIL RIGHTS

PRISONER PETITIONS

0 II

210 Land Condamn~lif""-
220 foreClo!lUfe

oI.I<l

444~tf,'rl1npgloyment

'I LJ 51 0 MolicJn~ \0 vacate

5entancI!I

0

U 2.':l(I Rl,lnt te.ue 4. EjeGlll-l I'lt 1.1 4 Hou::lngl

~l::lbea~ corpus:

n 24QT(.1rleIV Lan(l

~ """,mod,"~, 0 530 Geneml

0

U 245 TQrt PrQdi.l.::! Llabj~~ U i(.44~lfare

Il 5l~ Oeatt1 f'enalty

r:J ;.:190 All Ulher Real PrOV$11

440 Oth9f Civil Righls 0 540 MllfliJamw, '" Otfu:r 0

0 S50 Civil Rights

U 555 Pri$QI1 Condition

610 AgricultLJre 620 Other Food & Drug 625 Drug R~B[~L1 S~lzurl)
(II Property:<:l: BO 1 630 Liquor LQW5
f,l40 R.R. &; Truck
650 Airline A.egs. 660 Occupa1ion~1
SatetylHealth 690 Other
LABOR
71 Q FSllr l~bar SI;mdan.J5
A~
720 lill:;lmtMgmt. Relation::;
7-:l0 LlltJvrlM!)mt. Rl;:pm"llng 1'.1.11~dosure Ac1
740 Rallw"ay Labor Act
700 Other Labor lilig.aUoo
791 Empl Re:\' Ilic. Security Act

U 422 Appeal2B USC 158
0 423 \oVithdmwal 2e USC 157
f>f.:OPCFlTY RIGHTS
U 82.0 Copyrighl:; 0 8S0 Pa1el\t
840 Tr;;l(l'~n\;tI'rk
"
SOCIAL SECURITy
0 861 H 11\(1 395ff1 IJ 862 Black Lung (9:1'3)
n 863 LAWClLAWN WJ5[g))
~, 864 SSID "Tille XVI [1 8BS RSI (405(g~)
F[DERAl TAX SUITS
,', 870 Taxr:~ (U,S. ptalllllff Of Oerendant)
o B71IRS-Third Party
26 USC 7509

U 400 State Re<lppt:lrIIQrlr'nent
n 410l>l1titrLl!!r.I o 430 Banks and Banking
U A50 Comm(t(;;:~flCC ,.I 460 Deportation

1'.1

4'rO RllCktllelo!tl' 111nll(ln,.n11 8.
CQm~pl Or9aMi:t:SliUl\~

o al0 Selective SOf'lit;;¢
n 850 SI:!W n\ie~ICom muLlIII~.W
.. E~r,t1 ng~
CJ 875 CU5tQmer Chal11l!nge
12 Lise 3410
U 891 Agriruttu(,,\ Ae1~ LJ 892 Econi)mc. $t;bib::slii.lll Act o 893 fn'oJiroIUTll:lfltal Mmt~
I, I 894 Enl:!r!tl Allocation Act
o 6\i15 Fr~edom of
InfQrrrl~Uon Act
o 900 'F.ft~~%tl~~ Under Cqu~1 Aoo~ea 10 .Ju~llC'e

o 950 COr'lslltutionality of
St~te statutes
o 890 Cither SllItvlol)' Ao;:tlnn50

MRIGIN

(PLACE AN "X" IN ONE aox ONLY)

U' U' IICI' ~;,i!Jir1O:l1

Remo...od frQrtI

Reml';lrlded from

1(1I.::t:!eding

State CQ~Jd

Appellate Court

n -4 Reinstated DC ReDDened

o ; o Triilrl$ferred 1ram another district ('pecify)

6 Multi district

Litigation

,1,1.,,,,,,, ~AUSE

OF

ACTION

(Clle01I:h' nehull .!s;il.t::cjUi'fllSgI,cI\'i,o'"n"nlu~nt;;,l.\r\lwleshuicnhl

~'"
ss

'i,e fill"~
diversity

aod

w,'. bcic!

or cause.

App~al to
o District 7 Judge ff'Om
Magistrate

is is >In aClioli ""d.r Title VII ol'lile Civil Rights Act of 19M, and Title I of the Civil Rights Aet of 1~91 to correct un '. 1\11 employment

VII. REQUESTED IN

LJ CHr:CKIFTHIS IS A CLASS ACTION :;;OE.Nl\NO

CHECK YES onl

COMPLAINT:

UNDeR r .R.e.p. 23

<TORY. DEMAND

No

(S . .
VIII. RELATED CASE(S) in,trueuons):
IF ANY

JUDGE

OCKET
UMBER

Case 2:05-cv-72516-BAF-WC Document 1 Filed 06/24/2005 Page 8 of 8
PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information: court: ________________________________

Case No.: ______~____________ Judge: _ _ _ _ _ _ _ _ _ _ _ _~_ _ __

2.

esYes Other than stated above, are there any pending or previously
discontinued or dismissed companion cases in this or any other

court, including state court? (Companion cases are matters in whlc . . 1

it appears substantially similar evidence will be offered or the sam

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

transaction or occurrence.)

.

If yes, give the following information: Court: ________________________________

Case No.: ___________________

Judge: _ _ _ _ _ _ _ _ _ _ _~_______

Notes:

 
 Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 1 of 7

1

UNITED STATES DISTRICT COURT

ORIGINAL

EASTERN DISTlUCT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and JENNIFER BOUDRIE,
Intervening Plaintiff v. METRO SPECIALTIES, INC.

Case No. 05-72516 Hon. Bernard A. Friedman

r:::;

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Defendant.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTlUCT OFPICE Adele Rapport (P44833) Regional Attorney
Robert K. Dawkins(P38289) Supervisory Trial Attorney

NEIL A STREFLING, P.C, Neil A Strefling (P28453) Attorney for Defendant 26153 John R. Road Madison Heights, MI 48071 (248) 541-3320

Dale Price (P55578) Trial Attorney Counsel for PlaintitTEEOC Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: (313) 226-7808

ROY, SHECTER & VOCHT, P.C. Lynn H. Sheeter (P24845) Brian P. Swanson (P53271) Attorneys for Intervenor 36700 Woodward Ave, Ste. 205 Bloomfield Hills, MI 48304 (248) 540-7660

INTERVENOR'S COMPLAINT AND JURY DEMAND

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 2 of 7

Intervenor, Jennifer Boudrie [BoudrieJ, representcd by Roy, Shecter & Vocht, P.C.,

complains:

Jurisdiction, Venue and Parties

1. Boudrie, a female, is a resident of Monroe, Wayne County, Michigan.

2.

Defendant, Metro Specialities, Inc. [Metro1is a Michigan corporation that

maintains it~ principal place of business in Monroe, Wayne County, Michigan and is subject to the

jurisdiction of this court.

3. More than thirty days prior to the institution of this lawsuit, Boudrie filed a charge

ofdiscrimination with thc EEOC alleging violations ofTitic VB by Metro. All conditions precedent

to the institution of this lawsuit have been fulfilled.

4. Jurisdiction is ve~ted with this court pursuant to Title VII; 42 U.S.C. § 2000(e),

and 28 U.S.C. § 1331 and 28 U.S.C. § 1367.

Common AlIeEations

5. Boudrie realleges the Jurisdictional Allegations as if set forth in full.

6. Boudrie began her employment with Metro in December 1998 as a laborer.

7. Between December 1998 and January 28, 2004, Boudrie competently performed

her job duties and responsibilities.

8. During the course of her employment with Metro, Boudrie was subjected to

unwelcome sex.ual harassment including, but not limited to the following:

a. Several of the defendant's employees and supervisors, created a sexually hostile work environment for Boudrie, by constantly subjecting her to unwc\come sexual comments.

b. From July 2003 onward, Boudric was forced to listen to sex-based comments made by co-workers. Specitlcally, co-workers mimed masturbation, howled whf;ln she bent over, asked her to perform oral sex and described her with

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 3 of 7
tern1s like "lesbian," "bitch," "slut," "ho," lind "puta." She also had to walk past pictures ofnaked women every day and found a crude cartoon ofa naked woman nanled "Jeny [sic] Puta" in her work area. c, Supervisors also engaged in sexually hostile behavior, advising her co" workers that they could call her "bitch," calling the cartoon accurate, and passing out postcards oftopless women to the male employees. 9. Boudrie found the sexual harassment to be offensive and hostile. 10. Boudrie complained about the sel<ual harassment that she was subjected to. 11. Metro failed to take prompt remedial action to address Boudrie's complaints of sexual harassment. 12. On January 28, 2004, Boudrie was constructively terminated.
CountI Sex Discrimination" Hostile Work Environment
Title VII 42 U.S.C. § 2000e et. seq. 13. Boudrie realleges the Jurisdictional Allegations, and Common Allegations as if set forth in full. 14. Metro cngaged in unlawful employment practices and policies in violation of 42 U.S.C. § 2000c ct. ~., Title VII of the Civil Rights Act of 1964 [Title VII]. 15. At all times relevant to (his action, Boudrie was an employee and defendant Metro an employer within the meaning of Title VII, 42 U.S.c. § 2000c et. ~. 16. Titlc VII governs the conduct of defendant Metro and prohibits it, individually or in combination, from discriminating against Boudrie by subjecting her to verbal and physical communications of a sexual nature and JI'om engaging in unwelcome and offensive touching, or other predatory conduct (oward Boudrie. [7. Boudrie, a female, belongs to a protected class under Title VII.
2

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 4 of 7
At relevant times, Boudrie was subjected to unwelcome harassment based on her sex while employed at Metro.
19. The unwelcome sexual harassment to which Boudrie was subjected affected a tenn, condition, or privilege of employment.
20. Defendant Metro discriminated against Boudric by requiring her to endure unwelcome sexual harassment after she complained about such mistreatment.
21. Under the totality of the circumstances, defendant's conduct was pervasive, and sufficicntly severe that it created an intimidating, hostile and offensive work environment for Boudric to endure.
22. The unlawful employment practices as described above were and arc done with malieeor with reckless indifference to thc federally protected rights of Boudrie.
23. As a result of Metro's unlawful activities, Boudrie suffered damages, including lost salary, benefits, the loss ofcareer, and sutfered humiliation, embarrassment, and that emotional distress which normally flows from being a victim of discrimination.
Request for Relief Plaintiff requests a judgment in an amount that will compensate her fully t'br her damages, including costs, interest and attorney fees and whatever other equitable relief the court may deem in its discretion to award.
Count II Sex Discrimination-Hostile Work Environment
The Elliott-Larsen Civil Rifilhts Act M.C.L.A. § 37.2201 d. seq.
24. Boudrie realleges the Jurisdictional Allegations, Common Allegations, and Count Tas if set torth in full.
3

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 5 of 7
Defendant Metro engaged in unlawful employment practices and policies in violation of Elliott-Larsen, M.C.L.A. 37.2201 et. ~
26. M.e.L.A. 37.2201 defines an employer as a person who has I or more employees, and includes an agent of that person. Defendant is an employer exerting employment decisions as contemplated by Ell iott·Larsen.
27. Boudric is a person, pursuant to M.C.L.A. 37.2103, subject to the protection of Elliott- Larsen.
28. Ellioll-Larsen, MCLA 37.2101 et. ~., governs the conduct ofdefendant and prohibits it, individually or in combination, from discriminating against Boudrie by subjecting her to verbal and physical communications ofa sexual nature and from engaging in unwelcome and offensive touching, or other predatory conduct toward Boudric.
29. Boudrie, a female, belongs to a protected group under Elliott-Larsen. 30. At relevant times, Boudrle was subjected to unwelcome harassment based on her sex while employed at Metro. 31. The unwelcome sexual harassment to which Boudrie was subjected affected a term, condition, Or privilege of employment. 32. Defendant Metro discriminated against Boudrie by requiring herto endure unwelcome sexual harassment after she complained about such mistreatment. 33. Under the totality of the circumstances, defendant's conduct was pervasive, and sufticiently severe that it created an intimidating. hostile and offensive work environment for Boudrie to endure. 34. As a result of Metro's unlawful activities, Boudrie suffered damages, including lost salary, benefits, the loss ofcareer, and suffered humiliation, embarrassment, and that emotional distress
4

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 6 of 7
which normally flows from being a victim of discrimination.
Reguest for Relief Plaintiff requests a judgment in an amount that will compensate her fully for her damage~, including costs, interest and attorney fees and whatever other equitable relief the court may deem in its discretion to award.
Count III Retaliation The Elliott-Larsen Ciyil Rili:hts Act M.C.L.A. § 37.2201 et. seg. 35. Doudrie realleges the Jurisdictional Allegations, Conunon Allegations, Count I, and Count II as if set forth in full. 36. Doudrie objected to and protested discrimination and acts constituting violations of the anti-discrimination laws. 37. Metro retaliated against Boudrie, in material part, for exercising her rights under Elliott-Larsen. 38. Metro's retaliation violated Elliott-Larsen. 39. As a result of Metro's retaliation, Boudrie was damaged. 40. Boudrie lost salary, benefits, the loss of career, and suffered hwniliation, embarrassment, and that emotional distress which normally flows from being a victim ofretaliation. Request for Relief Plaintiff requests a judgment in an amount that will compensate her fully lbr her damages, including costs, interest and attorney fees and whatever other equitable relief the court may deem in its discretion to award.
5

Case 2:05-cv-72516-BAF-WC Document 7 Filed 09/22/2005 Page 7 of 7

Dated: September 15,2005

LYlm Sheeter (P2484S) Brian P. Swanson (P53271) Attorneys for Intervening Plaintiff

Jpry Demand
Plaintiff, represented by Roy, Sheeler & Voch~. P.c. relies upon the jury demand oflhe Equal
Employment Opportunity Commission and requests (rial by jury of all issues triable by jury.

Dated: September 15, 2005

f Sheeler (P24845) p. Swanson (P53271) Attorneys for intervening plaintiff

6

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

Case No. 05-72516 Hon. Bernard A. Friedman

METRO SPECIALTIES,

Defendant,

JENNIFER BOUDRIE,

Intervening Plaintiff

_________________________________________/

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL AND DEFENDANT’S MOTION TO ENTER ORDERS

On April 3, 2006, this matter came before the court. A hearing was held and oral

argument heard. For the reasons stated on the record, and in accordance with the terms stated on

the record,

IT IS ORDERED that Plaintiff’s Motion to Compel is granted.

IT IS FURTHER ORDERED that Defendant’s Motion to enter Orders is Granted.

Dated: April 10, 2006 Detroit, Michigan

s/Bernard A. Friedman________ BERNARD A. FRIEDMAN CHIEF UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served this date upon counsel of record electronically and/or via first-class mail.
_______/s/ Patricia Foster Hommel______________________ Patricia Foster Hommel
Secretary to Chief Judge Friedman

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

METRO SPECIALTIES, INC.,

)

)

Defendant.

)

_________________________________________ )

Hon. Bernard A. Friedman Case No. 05-CV-72516

CONSENT DECREE Case No. 05-CV-72516 was instituted by the Equal Employment Opportunity Commission (“Commission”) pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). The Commission and Metro Specialties, Inc. (“Metro”), hereby stipulate to the jurisdiction of the Court over the parties and the subject matter of this action. The Commission and Metro have advised this Court that they desire to resolve Case No. 05-CV-72516 without the burden and expense of further litigation. It is, therefore, the finding of this Court, based 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 Decree; and (3) this Decree resolves all the matters in controversy between the parties as provided in paragraphs 1 through 14 below.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. This Consent Decree, being entered by the agreement of both parties for the purpose of settling this dispute wherein the Commission claims that Defendant violated Title VII and Defendant denies any and all liability, shall not be construed as an admission by Defendant of any violation of Title VII or any other law, rule or regulation. 2. Metro agrees that it will not discriminate against employees on the basis of sex, including sexual harassment. 3. Metro agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII. 4. Metro agrees to pay Jennifer Boudrie or her heirs and assigns in the event of her death, $56,000. 5. Metro agrees to reinstate Jennifer Boudrie to an equivalent position with full seniority, calculated as though her employment did not terminate on January 28, 2004. The seniority will apply to both wage rates and all available employment benefits. This provision will not prevent Metro from terminating Boudrie’s employment for reasons that are not unlawful. 6. Boudrie will not work on the same shift with Leo Costello, nor will he supervise her in any way. 7. Metro agrees to post the Notice of Non-Discrimination Policy attached as Appendix B to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree. 8. Metro agrees that is shall make no reference to Jennifer Boudrie’s Charge of Discrimination or of her participation in this litigation in the event Metro is contacted for references.

9. The Commission shall have the right to comment upon and amend the sexual harassment policy currently in place at Metro Specialities.
10. Metro agrees that its managers and supervisors shall attend a training seminar regarding sexual harassment. Said managers and supervisors must attend a seminar within six (6) months from the date of entry of this Decree. Thirty (30) days prior to the date of the seminar, the Defendant shall provide notice to the Commission regarding the date, time and place of the seminar, and shall send to the Commission a copy of the agenda, subject matter to be covered and an outline of the written materials to be used. The Commission may at its option send its own representative to attend the training to observe or to speak at the training. Upon completion of the training program, Metro shall certify to the Commission the specific training given and shall provide the Commission with a roster of all employees in attendance.
In addition, Metro will also hire an industrial psychologist to meet with Boudrie and Metro personnel as part of the reinstatement process.
11. Metro agrees to submit reports to EEOC detailing its compliance with this decree. Metro agrees to submit two (2) annual reports during the term of this decree. The first report shall be due on December 31, 2006 and the subsequent reports shall be mailed to the Commission no later than December 31st of each year covered by the decree. The report shall include the following information for the twelve (12) month period preceding the report: the identities of all employees who, during the reporting period, complained of sexual harassment, including by way of identification each person’s name, address, telephone number, nature of the complaint made and the resolution of the complaint. All reports shall be directed to Laurie Young (or her successor), Regional Attorney, Equal Employment Opportunity Commission, 101 West Ohio St., Suite 1900, Indianapolis, Indiana 46204.
12. Jennifer Boudrie may report any complaints of harassment or retaliation to either her attorney, the Commission, or the owners of Metro Specialties.

13. Metro agrees that the EEOC may review compliance with this Decree. As part of such review, the EEOC may inspect the premises, interview employees, and examine and copy documents, during normal operating hours and upon reasonable advance notice.
14. In the event that the EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically identifying the alleged violation to Metro. Metro will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before Plaintiff exercises any remedy provided by law.
15. Each party shall be responsible for their own costs associated with this action. 16. The term of this Decree shall be for two (2) years following the date of the entry of this decree. The Court shall maintain jurisdiction over the parties and the subject matter throughout the term of this Decree.

___January 23, 2007______________ s/Bernard A. Friedman _________

Date

Chief Judge, United States District Court

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

METRO SPECIALTIES, INC.

___/s/ Dale Price________________

_/s/

Laurie Young

Neil

Regional Attorney

Counsel

Neil Strefling (by DP w/ Consent)_ Strefling (P28453)

Deborah Barno (44525) Acting Supervisory Trial Attorney

Dale Price (P55578) Trial Attorney Attorneys for Plaintiff

Detroit Field Office Patrick V. McNamara Federal Building 477 Michigan Ave., Room 865 Detroit, MI 48226

Copies to:
Dale Price, Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 477 Michigan Avenue, Room 865 Detroit, MI 48226
Neil Strefling (P28453) NEIL STREFLING, P.C. 26153 John R Madison Heights, MI 48071
Michelle Vocht (P32924) ROY, SHECTER & VOCHT, P.C. 36700 Woodward Ave., Ste. 205 Bloomfield Hills, MI 48304

APPENDIX A
EMPLOYEE NOTICE
Posted Pursuant to a CONSENT DECREE entered in E.E.O.C. v. Metro Specialties, Inc., Case No. 05-CV-72516 with the
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit Field Office
NOTICE OF NON-DISCRIMINATION POLICY
Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee’s race, color, religion, sex, national origin, age (over 40) or disability.
Federal law also prohibits employers from discriminating on the basis of sex in aspects of employment, including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits. This includes prohibition of sexual harassment in the workplace.
Metro Specialties, Inc. supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (313) 226-4600 EEOC 800 # 1-800-669-4000 TDD (313) 226-7599

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and

Case No. 05-72516 Hon. Bernard A. Friedman

JENNIFER BOUDRIE, Intervening Plaintiff,
v.

METRO SPECIALTIES, INC.,

Defendant.

_________________________________________/

ORDER OF DISMISSAL

On November 14, 2006, the parties in this matter reached a settlement agreement. The

terms of the settlement agreement were placed on the record and are hereby incorporated into

this order. Accordingly,

IT IS ORDERED that the complaint is dismissed with prejudice and without cots.

However, the Court expressly reserves jurisdiction for 24 months to enforce all terms of the

settlement agreement as placed on the record.

Dated: November 20, 2006 Detroit, Michigan

s/Bernard A. Friedman_______________ BERNARD A. FRIEDMAN CHIEF UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served this date upon counsel of record electronically and/or via first-class mail.

_______/s/ Patricia Foster Hommel_____________________ Patricia Foster Hommel
Secretary to Chief Judge Friedman

 
 E.E.O.C. v. Metro Specialties, Inc., Not Reported in F.Supp.2d (2006)
2006 WL 2924662 Only the Westlaw citation is currently available.
United States District Court, E.D. Michigan,
Southern Division.
EQUAL EMPLOYMENT OPPORTUNITY, COMMISSION, Plaintiff, and
Jennifer Boudrie, Intervening Plaintiff, v.
METRO SPECIALTIES, INC., Defendant.
No. 05-CV-72516. | Oct. 5, 2006.
Attorneys and Law Firms
Dale R. Price, Jr., Equal Employment Opportunities Commission, Detroit, MI, for Plaintiff.
Lynn H. Shecter, Michelle E. Vocht, Roy, Shecter, Bloomfield Hills, MI, for Intervenor Plaintiff.
Neil A. Strefling, Madison Heights, MI, for Defendant.
Opinion
OPINION AND ORDER DENYING DEFENDANT’S REQUEST FOR DISCOVERY OF WITNESS’ STATEMENTS MADE TO INTERVENING PLAINTIFF’S ATTORNEY
BERNARD A. FRIEDMAN, Chief District Judge.
I. Introduction *1 Defendant seeks written witness statements that were made by intervening Plaintiff’s attorney, and signed by witnesses1 relevant to this case. The witnesses whose statements are sought have been deposed. Written discovery has been exchanged and depositions have been taken.
The statements sought by Defendant are those provided to intervening Plaintiff’s counsel by Sam Finely, Ledyard Boudrie and Robbin Shadix. These witnesses were either present or past employees of Defendant and one witness still works for Defendant. The statements are derived from notes taken by intervening Plaintiff’s attorney, and signed by each witness. The statements were taken after Plaintiff’s intervening Complaint was filed, and before depositions were taken.
II. Analysis Intervening Plaintiff argues that the statements are protected by the work product privilege. The work product privilege protects an attorney’s preparatory work on a case. Federal Rule of Civil Procedure 26(b)(3) expressly protects against disclosure of trial preparation materials unless the party seeking disclosure makes “a showing that [it] has substantial need of the materials in the preparation of the party’s case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Fed.R.Civ.P. 26(b)(3).
Defendant made no such showing. Defendant has not demonstrated a substantial need for the materials, arguing only that they “may” be relevant to impeach witnesses. However, Defendant has had adequate opportunity to depose the witnesses and to pose interrogatories to the witnesses, during which it could get the information in the statements and impeach the witnesses if the opportunity arose. As the Supreme Court stated in Hickman v. Taylor, and similar to the present situation, “[f]or aught
1

E.E.O.C. v. Metro Specialties, Inc., Not Reported in F.Supp.2d (2006)
that appears, the essence of what petitioner seeks either has been revealed to him already through the interrogatories or is readily available to him direct from the witnesses for the asking.” Hickman v. Taylor, 329 U.S. 495, 508 (1947).

III. Order Accordingly,
IT IS ORDERED that Defendant’s request for discovery of witness statements is DENIED.

Footnotes

1

Defendant also sought the written statements of Plaintiff made for her attorney. Defendant apparently no longer seeks such

statements, as they are not addressed in its brief.

2

 
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CLOSED, MEDIATION
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-72516-BAF-WC

Equal Employment Opportunity Commission v. Metro Specialties, Incorporated Assigned to: Honorable Bernard A Friedman Referred to: Honorable Wallace Capel Cause: No cause code entered

Date Filed: 06/24/2005 Date Terminated: 11/20/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Intervenor Plaintiff Jennifer Boudrie

represented by Brian P. Swanson Masud, Patterson, 4449 Fashion Square Boulevard Saginaw, MI 48603-5217 989-792-4499 Fax: 989-792-7725 Email: brian@mpslaborlawyers.com TERMINATED: 11/17/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lynn H. Shecter Roy, Shecter, 36700 Woodward Avenue Suite 205 Bloomfield Hills, MI 48304 248-540-7660 Email: shecter@rsmv.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle E. Vocht Roy, Shecter,

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V. Defendant Metro Specialties, Incorporated

36700 Woodward Avenue Suite 205 Bloomfield Hills, MI 48304 248-540-7660 Email: vocht@rsmv.com ATTORNEY TO BE NOTICED
represented by Neil A. Strefling 26153 John R Madison Heights, MI 48071 248-541-3320 Email: nstrefpc@aol.com ATTORNEY TO BE NOTICED

Date Filed 06/24/2005 09/08/2005 09/12/2005 09/22/2005 09/22/2005 09/22/2005 09/22/2005 09/26/2005
11/01/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against Metro Specialties, Incorporated.(NHoll, ) (Entered: 06/27/2005)
2 STIPULATION AND ORDER Permitting Jennifer Boudrie to Intervene as a Plaintiff. Signed by Honorable Bernard A Friedman. (NHoll, ) (Entered: 09/09/2005)
3 ANSWER to Complaint with Affirmative Defenses by Metro Specialties, Incorporated.(Strefling, Neil) (Entered: 09/12/2005)
4 NOTICE TO APPEAR: Scheduling Conference set for 11/10/2005 10:30 AM before Honorable Bernard A Friedman. (VSim, ) (Entered: 09/22/2005)
5 [FILING ERROR: incorrect signature designation]NOTICE of Appearance by Michelle E. Vocht on behalf of Jennifer Boudrie. (Vocht, Michelle) Modified on 9/23/2005 (DPer, ). (Entered: 09/22/2005)
6 [FILING ERROR: incorrect signature designation]NOTICE of Appearance by Lynn H. Shecter on behalf of Jennifer Boudrie. (Shecter, Lynn) Modified on 9/23/2005 (DPer, ). (Entered: 09/22/2005)
7 INTERVENOR COMPLAINT with jury demand by Jennifer Boudrie.(DPer, ) (Entered: 09/23/2005)
8 [FILING ERROR: SIGNATURE BLOCK INCORRECT] ANSWER to Intervenor Complaint with Affirmative Defenses by Metro Specialties, Incorporated.(Strefling, Neil) Modified on 9/28/2005 (NHoll, ). (Entered: 09/26/2005)
9 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(Price, Dale) (Entered: 11/01/2005)

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11/17/2005 11/17/2005
02/28/2006 03/01/2006 03/01/2006 03/06/2006 03/10/2006
03/11/2006 03/11/2006 03/12/2006 03/13/2006 03/22/2006
03/24/2006 04/03/2006
04/10/2006

10 [FILING ERROR - R9 SIGNATURE] NOTICE of Withdrawal of Attorney Brian P. Swanson by Jennifer Boudrie. (Vocht, Michelle) Modified on 11/18/2005 (SMar, ). (Entered: 11/17/2005)
11 SCHEDULING ORDER: Final Pretrial Conference set for 11/13/2006 01:00 PM and Jury Trial set for 11/28/2006 09:00 AM before Honorable Bernard A Friedman. Signed by Honorable Bernard A Friedman. (Refer to image for additional dates)(CMul, ) (Entered: 11/17/2005)
12 WITNESS LIST by Metro Specialties, Incorporated (Strefling, Neil) (Entered: 02/28/2006)
13 WITNESS LIST by Jennifer Boudrie (Vocht, Michelle) (Entered: 03/01/2006)
14 WITNESS LIST by Equal Employment Opportunity Commission (Price, Dale) (Entered: 03/01/2006)
Minute Entry -Telephone Conference held on 3/6/2006 before Honorable Bernard A Friedman. (CMul, ) (Entered: 03/10/2006)
15 [FILING ERROR - EXHIBITS NOT PROPERLY DESCRIBED] MOTION to Compel by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Price, Dale) Modified on 3/10/2006 (CGre, ). (Entered: 03/10/2006)
16 MOTION for Order , entry of Orders by Metro Specialties, Incorporated. (Strefling, Neil) (Entered: 03/11/2006)
17 RESPONSE to 15 MOTION to Compel filed by Metro Specialties, Incorporated. (Strefling, Neil) (Entered: 03/11/2006)
18 RESPONSE to 15 MOTION to Compel, 16 MOTION for Order , entry of Orders filed by Jennifer Boudrie. (Vocht, Michelle) (Entered: 03/12/2006)
19 NOTICE of hearing on 16 MOTION for Order , entry of Orders, 15 MOTION to Compel. Motion Hearing set for 4/5/2006 02:00 PM before Honorable Bernard A Friedman. (CMul, ) (Entered: 03/13/2006)
20 AMENDED NOTICE of hearing on 16 MOTION for , entry of Orders, and 15 MOTION to Compel. Motion Hearing set for 4/3/2006 09:30 AM at the University of Michigan Law School before Honorable Bernard A Friedman. (CMul, ) (Entered: 03/22/2006)
21 RESPONSE to 16 MOTION for Order , entry of Orders filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Price, Dale) (Entered: 03/24/2006)
Minute Entry -Motion Hearing held on 4/3/2006 re 15 MOTION to Compel filed by Equal Employment Opportunity Commission, 16 MOTION for Order , entry of Orders filed by Metro Specialties, Incorporated, before Honorable Bernard A Friedman. Disposition: granted; denied(Court Reporter: Joan Morgan) (DOpa, ) (Entered: 04/04/2006)
22 ORDER granting 15 Motion to Compel and granting 16 Motion for OrderSigned by Honorable Bernard A Friedman. (CMul, ) (Entered: 04/10/2006)

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04/10/2006 04/10/2006 05/31/2006 06/08/2006 06/13/2006 06/15/2006
06/21/2006 06/21/2006 06/27/2006 07/11/2006 07/13/2006
07/13/2006
07/20/2006 09/12/2006

23 STIPULATED PROTECTIVE ORDER Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 04/10/2006)
24 PROTECTIVE DISCOVERY ORDER Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 04/10/2006)
Set Deadlines/Hearings: Telephone Conference set for 6/8/2006 11:00 AM before Honorable Bernard A Friedman. (DOpa, ) (Entered: 05/31/2006)
Minute Entry -Telephone Conference held on 6/8/2006 before Honorable Bernard A Friedman. Disposition: discovery briefs due 6/15/06 & reply 6/22/06 (CMul, ) (Entered: 06/08/2006)
25 SUPPLEMENTAL BRIEF re Telephone Conference filed by Jennifer Boudrie. (Vocht, Michelle) (Entered: 06/13/2006)
26 [DOCUMENT FILED IS TITLED "INTERVENING PLAINTIFF'S REPLY TO DEFENDANT'S DISCOVERY BRIEF"]. REPLY to Telephone Conference Reply Discovery Brief by Jennifer Boudrie. (Vocht, Michelle) Modified on 6/15/2006 (THal, ). (Entered: 06/15/2006)
27 MOTION for Summary Judgment and Brief in Support by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B1# 3 Exhibit B2)(Strefling, Neil) (Entered: 06/21/2006)
28 INDEX of Exhibits by all defendants to Summary Judgment Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B1# 3 Exhibit B2)(Strefling, Neil) (Entered: 06/21/2006)
29 NOTICE of hearing on 27 MOTION for Summary Judgment Motion Hearing set for 9/20/2006 02:00 PM before Honorable Bernard A Friedman(CMul, ) (Entered: 06/27/2006)
30 ORDER REFERRING CASE to Mediation. Signed by Honorable Bernard A Friedman. (DOpa, ) (Entered: 07/11/2006)
31 RESPONSE to 27 MOTION for Summary Judgment and Brief in Support filed by Jennifer Boudrie. (Attachments: # 1 Index of Exhibits Exhibit List# 2 Exhibit Exhibt A-Ledyard Boudrie Transcript Pages)(Vocht, Michelle) (Entered: 07/13/2006)
32 [FILING ERROR - RULE 18 VIOLATION, NO NARRATIVE DESCRIPTIONS] RESPONSE to 27 MOTION for Summary Judgment and Brief in Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit Case)(Price, Dale) Modified on 7/13/2006 (DWor, ). (Entered: 07/13/2006)
33 REPLY to Response re 27 MOTION for Summary Judgment and Brief in Support Reply Brief filed by all defendants. (Strefling, Neil) (Entered: 07/20/2006)
34 AMENDED NOTICE of hearing on 27 MOTION for Summary Judgment. Motion Hearing set for 10/4/2006 02:00 PM before Honorable Bernard A

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09/15/2006
10/05/2006 10/24/2006
10/25/2006 11/13/2006 11/13/2006 11/14/2006 11/20/2006 12/06/2006 01/23/2007

Friedman. (CMul, ) (Entered: 09/12/2006)
35 NOTICE of hearing on 27 MOTION for Summary Judgment. Motion Hearing set for 10/16/2006 02:00 PM before Honorable Bernard A Friedman. (CMul, ) (Entered: 09/15/2006)
36 OPINION and ORDER denying Defendant's request for discovery Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 10/10/2006)
Set Deadlines/Hearings: Final Pretrial Conference/Settlement Conference set for 11/13/2006 1:00 PM before Honorable Bernard A Friedman (DOpa, ) (Entered: 10/24/2006)
37 Letter from Dale Price (THal, ) (Entered: 10/26/2006)
Set Deadlines/Hearings: Pretrial Conference set for 11/14/2006 10:00 AM before Honorable Bernard A Friedman. (CMul, ) (Entered: 11/13/2006)
Minute Entry -Settlement Conference held on 11/13/2006 before Honorable Bernard A Friedman. Disposition: continued to 11/14/06 at 10:00 a.m. (CMul, ) (Entered: 11/15/2006)
Minute Entry -Settlement Conference held on 11/14/2006 before Honorable Bernard A Friedman. Disposition: settlement placed on record(Court Reporter Janice Coleman) (CMul, ) (Entered: 11/15/2006)
38 ORDER DISMISSING CASE Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 11/21/2006)
39 Joint MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A--Signed Consent Decree)(Price, Dale) (Entered: 12/06/2006)
40 CONSENT Decree re 39 Joint MOTION Entry of Consent Decree.(CMul, ) (Entered: 01/23/2007)

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