Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 1 of 8

ORIGINAL ~~
UNITED STATES DISTRICT COURT FOR TH]:;~
EASTERN DISTRICT OF MICHIGAN ::0.:'2',;

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SOUTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

Plaintiff,
v.

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CARDINAL COUNTRY PIZZA

GEORGE E.WOODS

Defendant.
----------------------~/

COMPLAINT AND JURY
MAG'StW~DGE DONALD A.SCHEER

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to employees, Lisa Bardberry, Crystal Childs, and other similarly situated individuals, who were adversely affected by such practices. The EEOC alleges that Defendant, Cardinal CountryPizza, ("Defendant" or"Cardinal") subjected Bardberry, Childs and other similarly situated employees ("Claimants") to a sexually hostile work environment and that the Defendant, despite knowledge of the harassment, failed to take prompt and effective action to correct and prevent the harassment.
.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(f)(1) and (3) and 707(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(f)(1) and (3) and 42 U.S.C. 2000e-6(e) ("Title VII"), and Section 102 ofthe Civil Rights Act of1991 ,42 U.S.C. § 1981a.

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 2 of 8

2. The employment praetices allegcd to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Eastcrn District of Michigan,

Southern Division.

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

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

interpretation, and cnforccment of Title VII, and is expressly authorized to bring this action by

Scction 706(1)(1) and (3) and 707(e) ofTitle VII, 42 U.S.C. §§ 2000e-5(1)(I) and (3), and 2000e-

6(e).

4. At all relevant times, Defendant, Cardinal Country Pizza, ("Employer" or "Cardinal

Country Pizza"), has continuously bcen a corporation doing business in the State of Michigan and

the City of Millington, and has continuously had at least IS cmployees.

5. At all relcvant times, Defendant Employer has continuously been an employcr

engagcd in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of

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

STATEMENT OF CLAIMS

6.

More than thirty days prior to the institution of this lawsuit Lisa Bardberry and

Crystal Childs filed a charge with the Commission alleging violations of Title VII by Defendant

Employer. All conditions preccdent to the institution of this lawsuit have been fulfilled.

7. Since Junc, 2002, Dcfendant Employer has engaged in unlawful employment

practices at its Millington, Michigan facility, in violation ofSection 703(a), 42 U.S.C. § 2000e-2(a).

The Defendant's unlawful employment practices include the following:

a. A male manager at Defendant Employer's Millington, Michigan facility

engaged in behavior that created a hostile work environment for all of the

2

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 3 of 8

Claimants.

b. Throughout the Claimant's employment, they were subjected to unwelcome

sexual talk, innuendos, touching by male manager Chadd Leix. Examples of

such conduct include:

1.

Leix made sexual comments to Bradberry as she walked back to the

bar by saying "gee it was only a slap on the ass".

11. Leix tried sticking his hands down Childs pants while she was doing

dishcs;

lll. Leix would slap Claimants on the butt sometimes with flour on his

hands and left hand prints on their butts and made sexual comments;

iv. Leix called Childs a dick-tease stating that she was a flirt but never

showed results.

v. Leix rubbed Childs back and neck

c. Leix was verbally abusive by calling Bradberry a "cunt" and a "bitch" and

Childs a "bitch".

d. Leix had sexual conversations with Bardberry, Childs and other similarly

situated individuals.

e. Leix committed several other harassing behaviors which were severe and

pervasive and created a hostile work environment.

f. Defendant knew or should have known that Chadd Leix was harassing

Bardberry and Childs.

g. Defendant did not promptly and effectively remedy the harassment after it

knew or should have known of same.

3

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 4 of 8
8. The effect of the pattern and practice of conduct complained of in paragraph 7 above has been to deprive Bardberry, Childs and other similarly situated individuals oftheir equal employment opportunities and othelWise adversely affect their status as employees because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were and are intentional.
10. As the result of the unlawful employment practices, Bradberry, Childs and other similarly situated individuals have suffered emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment oflife.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Bardberry, Childs and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: a. GRANT a permanent injunction enjoining Defendant Employer, its officers,
successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practices which discriminate on the basis of sex. b. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices, including the institution of a sexual harassment training program for each of its facilities. c. ORDER Defendant to provide individualized training to its employees concerning
4

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 5 of 8

Title VII and its prohibitions against sexual harassment and retaliation.

d. ORDER Defendant Employer to make whole Bardberry, Childs and other similarly

situated individuals by providing compensation for past and future pecuniary losses

resulting from the unlawful employment practices described in paragraph 7 above in

amounts to be proven at trial.

e. ORDER Defendant Employer to make whole Bardberry, Childs and other similarly

situated individuals by providing nominal damages and compensatory damages for

past and future non-pecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, in amounts to be proven at trial.

f.

ORDER Defendant Employer to pay Bardberry, Childs and other similarly situated

individuals punitive damages for its malicious or reckless conduct described in

paragraph 7 above, in amounts to be proven at trial.

g. GRANT such further relief as the Court deems necessary and proper in the public

interest.

h. AWARD the Commission its costs of this action.

JURY TRIAL DEMAND

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

Respectfully submitted,

ERIC S. DREIBAND General Counsel

Filed: May 28, 2004

JAMESN. LEE Deputy General Counsel
AD~~833)
Regional Attorney

5

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 6 of 8
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney TAMMY C. KLEIN (P60256) Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: 313) 226-5673
6

Case 2:04-cv-72040-VAR-DAS Document 1 Filed 05/28/2004 Page 7 of 8

JS 44 11/99

CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: ..:T.:;u::.:sc:.::o.::la~~.".....

The JS-44 civil cover shoot and tho Infonnation contalnod herein nelthor replace nor supplement tho filing and service of pleadings or other papors as requlrod

by law. oxcopt as provided bylocol rules of court. This form. approved by the Judicial Conference altho Unlled Statos In sep,:;;;r 1974.15 required

g , V' 2y A for use of the Clork of Court for the purpose of Initiating tho civil docket sheor.

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~ I. (a) PLAINTIFFS

DEFENDANT

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U.S. EQUAL EMPLOYMENT OPPORTUNITY

CARDINAL CO NTRYPIZZA

COMMISSION

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(b) County of Residence of First Listed

County of Residence of First Usted

Tuscola

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NOTE: '~';:,e,:;'~~~;MNATION CASES. USE THE LOCATION OF THE

(C) Attomey's (Firm Namo, Address, and Telephone Numbe~

AHomm~GE E. WOODS

Tammy Klein, (P60256) (313) 226-5673 EEOC, Detroit District Office

MAGI STRATE JUDGE DONALD A. SCHEER

477 Michigan Ave. Rm 865. Detroit. MI 48226

II. BASIS OF JURISDICTION (PIOce on "X" In One Bo, Only)

@.s.Govemment Plalnliff

o 3 Federal Question (U.S. Gevemment Nel a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Ploce on "X" In Ono So, f", Ploln""

(For Olverslty Cases Only)

and One Box fO( Defendant)

PLA OEF
0 ' 0 ' Cllizen of This State

0 04 PLA OEF
Incorporated or Principal Placo 4 of Business In This Slate

o 2 U.S. Government Defendant

04 Dlverslly (Indicate CllJzonshlp of Partles In Item 111)

0 0 CItizen of Anothor

2 2

CIt~;>nroelorni2':~~~>ttlVof a 0 3 03

05 05 Incorporated and Principal of Business In Another State

Foreign NatIon

0 6 06

IV. NATURE OF SUIT (Placo an "X" In Ono Box On!y)_

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

Lr~ 11 0 Insurance 1:20 Marine 130 Miller Act

140 Negollable Instrument

0 150 Recovery of

Overpayment and

L

0

Enforcement of Judgment 151 Madicare Act

0
2 0 0 0 0

152 Recovery of Defaulted Student Loans (Exct. Veterans)
153 Recovery 01 OVlI'plymlnl of Veteran's Benefits
160 Stockholders' Suits 190 Other Conltact
195 Contract Product UabUity

PERSONAL INJURY
o 31 0 Airplane o 315 Airplane Product
LlabiJily
0
320 Assault Libel And Slander
0 330 Federal Employel'l'
Uabilily
0 340 Manne 0 345 Marine Product
Ulbilily
0 350 Motor Vehicle 0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury

PERSONAL INJURY 0 0 362 Personal Injury- 0
Mad. Malpractice 0 0 365 tr:~ucn[Ian~lPlYv" 0

0 366 Asbestos Personal 0

Injury Product

L.tab~ily

·0

0

PERSONAL PROPERTY

o 370 Other Fraud o 371 Truth In L.ending

0

o 380 Other Personal

Property Damage
0 385 Property Damage

0

Product liability 0

REAL PROPERTY

"CIVIL RIGHTS PRISONER PETITIONS

0 0 0

210 Land eond,mnouo:(
220 Foreclosure 230 Renllelle & EJlClmen

~oo1E4m~!p3 VlHooOtuiynsgimng'!nl

0

0 510 Motions to Vacate

Sentence

0

Habeas Corpus:

0 240 Torts 10 Und 0 245 Tort Product Liability
0 290 All Other Real Property

Accommodatlonl 0 530 General

o 444 Welfare

0 535 Oeath Penalty

o 440 Other Civil Rights 0 540 Mandamu. & Olh«

0 0

0 550 Civil Rights

0 555 Prison Condition

610 Agriculture 620 Other Food & Drug 625 Drug Related Selzu1'9
01 Property 21: 881 630 Liquor Lows
640 RR. & Truck
650 Alnine Regs. 660 Occupational
Safety/Health 690 Other
LABOR
71 0 Flit llbor Standlntt 1101
720 Labor/Mgml. Helatlons'
730 laborlMgmt. Reporting & Ol1d91Ulll Ac1
740 Railway Labor Act
790 Other l.abor Uligalion
791 Empl. ReI. Inc. Security Act

0 422 Appeal 26 USC 158
0 423 Withdrawal 28 USC 157
PROPERTY RIGHTS
0 820 Copyrights 0 830 Potent 0 840 Trademari<
SOCIAL SECURITY
0 861 HIA (1 39511) 0 862 Black Lung (923) 0 863 OIWClOrwvv (405{g)) 0 864 SSID nile XVI 0 B65 .SI (405(,))
FEDERAl TAX SUITS
o 870 Taxes (U.s. Plalnllff
ex Defendant)
o 671 IRS·Thlrd Porty 26 USC 7609

o 400 State ReopportJonmenl o 41 0 Antitrust o 430 Bonks and Banking o 450 Commerce/ICC o 460 Deportation
o 470 Racketeer Inftuenced & COfrupl Olllanizallona
o 810 Selective Service o 850 Secu rllll"Com mod 1l1e"
Ellchlnge
o 875 Customer Challenge
12l1SC3410
o 891 Agricultural Acts o 892 Economic Stabilization Ac1 o 893 Environmental Matte,. o 894 Energy Allocatioo Act o 895 Freedom of
Inroonation Act
o 900 W::~~: Under Equal Ace... 10 JUltice
o 950 Constitutionality of
State statutes
o 890 Olher Statutory Action.

(\ V.1;lRIGIN

(PLACE AN "X" IN ONE BOX ONLY)

0 '( @' Original

2 Removed from

\. . / Proceeding

State Court

0 3 Remanded from Appellate Court

o 4 Reinstated or ReODf'oed

Transferred from

o another district 5 (specify)

o 6 MulU district

Litigation

VI. CAUSE OF ACTION (Cite the U.~. CIVil StA!ute under whICh you Are filing and write brief statement of cause,
Do nol Clle jurlsdlclionalSlalutes unless (Jlverslly.)

Appeal to
o District 7 Judge from
Magislmte

This is an action under Title VII ofthe Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 10 correct unlawful employment

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VII. REQUESTED IN

0 CHECK IF THIS ISA CLASS ACTION $DEMAND

CHECK YES ani

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAND

No

(See VIII. RELATED CASE(S) instructions):

IF ANY

DOCKET NUMBER

DATE
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. . PURSUCAaNseT2T:0O4-cLvO-72C0A40L-VRARU-LDEAS83D.1o1cument 1 Filed 05/28/2004 Page 8 of 8

1.

Is this a case that has been previously dismissed?

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give . I«yes,

the followi'ng information:

i

Court: _______________________________________

Case No.: ____________________
..:
Judge: ________,.'_''_'_"'_'_''_"__' ,_"___________________

2.

"'j ., Ot,her 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 I: ,~

matters in which it appears substantially similar evid,ence ,will '

be offered or the same or related parties are present'and the

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cases arise out of the same transaction or occurrence.) ",-,' "" '

, If yes, give the following information: Court: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

Case No.: ____________________ Judge:,_-'-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. ,
l.Jotes:

 
 Case 2:04-cv-72040-VAURN-DITAESD STDAoTcEuSmDeInStT2R2ICT FCiOleUdR1T2/07/2005 Page 1 of 6 FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
CARDINAL COUNTRY PIZZA,
Defendant.
/ ;
ADELE RAPPORT (P44833) Regional Attorney ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney TAMMY C. KLEIN (P60256) Trial Attorney (313) 226-5673

Case No. 04-72040
Hon. Victoria A. Roberts U.S. District Court Judge
LAW OFFICES OF FRANK J. KOKENAKES, PLC. By: Frank J. Kokenakes (P28561) Attorney for Defendant 39040 West Seven Mile Road Livonia, MI 48152 (734) 432-0961

SETTLEMENT AGREEMENT On May 28,2004, Plaintiff, the Equal Employment Opportunity Commission, ("Plaintiff' or the "Commission") commenced this action in the United States District Court for the Eastern District of Michigan, Southern Division, on behalf of Charging Parties, Lisa Bradberry ("Bradberry") and Crystal Childs ("Childs") (Collectively "Charging Parties") against Defendant, Cardinal Country Pizza, ("Defendant" or "Cardinal"). In its Complaint, the Commission alleged that the Charging Parties had been subjected to sexual harassment in the form of a hostile work environment by their supervisor, Chad Leix, son of owner and president Cheryl Leix. The Commission further alleged that Defendant failed to take prompt effective remedial action to stop the harassment and prevent it from happening in the future. As a result of the harassment, the Commission further alleged that Bradberry was constructively discharged. Cardinal Country has denied all allegations set forth in Civil Action No. 04-72040 along

withCaansyean2d:0a4l-lcinvf-e7r2e0n4ce0s-VofAwRr-oDnAgSdoingD. ocument 22 Filed 12/07/2005 Page 2 of 6 FINAL DISPOSITION
1. Through this Settlement Agreement, ("Agreement") the Commission, on behalf of Charging Parties and Cardinal Country desire to forever resolve all issues raised, presented, or joined in Civil Action Number 04-72040, without the burden, expense and potential delay of further litigation of all issues set forth in this lawsuit and intend to be bound by the promises made herein.
STIPULATED FACTS 2. The parties stipulate and agree that the EEOC is the agency of the United States government authorized to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relief for individuals affected by the practices complained of in this lawsuit. 3. Cardinal Country is an employer engaged in an industry affecting commerce within the meaning of Section 701(g) and (h) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e(g) and (h). Cardinal Country had at least fifteen (15) employees for twenty (20) or more calendar weeks during the relevant time period. 4. Pursuant to Title VII, the parties acknowledgethejurisdiction of the United States District Court for the Eastern District of Michigan over the subject matter and parties to this case for the purpose of entering this Settlement Agreement, and, if necessary, enforcing the provisions of this Settlement Agreement. 5. Venue is appropriate in the Eastern District of Michigan. For purposes of this Settlement Agreement and proceedings related to this Settlement Agreement only, Cardinal Country agrees that all statutory conditions precedent to the institution of this lawsuit have been fulfilled.

Case 2:04-cv-72040-VAR-DAS DocMumOeNnEt T22ARYFRilEedLI1E2F/07/2005 Page 3 of 6

~

6. Cardinal Country agrees to pay Charging Party, Lisa Bradberry, monetary relief in the amount of$15,000 and Charging Party Crystal Childs, monetary relief in the amount of $9,000 within twentyone (21) days of the acceptance and signing of this Settlement Agreement and each Charging Party

signing a separateRelease and ConfidentiallyAgreement. Taxes shall be the responsibility of Bradberry

and Childs. Cardinal Country will issue a form 1099to them as required by the IRS. The funds are to

be paid directly to Lisa Bradberry and Crystal Childs via Certified Mail at 120 Merrill Dr., Newport,

NC 28570, for Bradberry and at 9385 Arbela Road, Millington, MI 48746, for Childs, with a copy of

the checks sent to Adele Rapport, Regional Attorney, United States Equal Employment Opportunity

Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.

NON-DISCRIMINATION

7. Cardinal Country, its officers, agents, employees, successors, assigns and all

persons in active concert of participation with it, shall comply with the provisions of Title VII of the

Civil Rights Act of 1964, as amended.

NON-RETALIATION

8. Cardinal Country, through its directors, officers, agents, successors, assigns and employees, will

not retaliate against any person known to them who participated or cooperated in the investigation and

prosecution by the EEOC of Charge of Discrimination Numbers:230-2003-02679 and 230-2003-01075

filed under Title VII of the Civil Rights Act of 1964, as amended. DISPUTE RESOLUTION AND COMPLIANCE

9. The Parties agree that the United States District Court for the Eastern District of Michigan shall

retainjurisdiction and will have all available equitablepowers, including injunctive relief,to enforcethis

Settlement Agreement. Upon motion of either party, the Court may schedule a hearing for the purpose

of revCiaewsein2g:c0o4m-cpvli-a7n2c0e4w0i-tVhAthRis-DSeAttSlemeDntoAcugmreeemnten2t2. TheFpialertdies12sh/0al7l/e2n0g0a5ge inPaaggoeod4faoitfh6effort

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. POSTING OF NOTICE

10. Cardinal Country will post a mutually agreeable notification, attached as Attachment A, in at

least one (1) conspicuous place which sets forth an employee's rights regarding the federal anti-

discrimination laws, but shall not mention this litigation of the Charging Parties. This notice shall be

posted for three (3) years from the entry of this Settlement Agreement. Should any posted copies ofthe

notice become defaced, marred or otherwise made unreadable, Cardinal Country agrees to post a

readable copy of this Notice in the same manner heretofore specified as soon as practical thereafter. In

addition Cardinal Country warrants that it will continue to post all employment discrimination notices

as required by applicable law at all times. The Attachment "A" shall be reviewed by Cardinal Country

Pizza Inc., prior to posting.

NON-ADMISSION OF LIABILITY

11. Cardinal Country has denied all allegations set forth in Civil Action Number: 04-72040, along

with any and all inferences of wrongdoing, and neither its consent to the entry of this Settlement

Agreement, nor any of the terms or conditions set forth herein shall constitute an adjudication or finding

on the merits of the case or be construed as an admission ofliability, wrongdoing, guilt, and/or violation

of federal law, which Cardinal Country expressly denies. ALLOCATION OF COST

12. The Parties agree to pay their respective costs and attorneys fees associated with the drafting and

enforcement of this Settlement Agreement. SEVERABILITY CLAUSE

13. CasIef a2n:y0p4r-ocvi-s7io2n04o0f -thViAs RSe-DttlAemSent DAogrceuemment i2s2foundFtiolebde1u2n/e0n7fo/2rc0e0a5ble bPyaagCeo5urot,fo6nly the spedfic provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 14. Cardinal Country agrees to provide training to its President, Vice President, Managers, Supervisors and all employees in its Millington, Michigan facility located at 8220 Ellis, Millington, MI 48746. Although the training session should include a discussion of the federal anti-discrimination laws, an emphasis shall be placed on Title VII and its prohibitions against sexual harassment in the workplace and an employer's duty to provide prompt, effective, remedial action. The name of the individual(s) conducting the training, a list of participants and the topics to be discussed shall be provided to Adele Rapport, Regional Attorney, United StatesEqual Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, at least thirty (30) days before the training session. In addition, within fifteen (15) days after the training, Cardinal Country shall provide the Commission with an attendance list of all participants. This information should be provided to Adele Rapport, Regional Attorney, at the above-mentioned address. The training shall take place within one (1) year ofthe signing and entry of this Settlement Agreement. If EEOC provides training, it shall be free of charge. Additionally, each new employee shall be provided with sexual harassment training within one (1) week of hire.
ENTIRE AGREEMENT 15. This Settlement Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this agreement must be mutually agreed upon in writing and signed by the parties hereto.

Case 2:04-cv-72040-VAR-DASDUDRAocTuIOmNent 22 Filed 12/07/2005 Page 6 of 6 16. This Settlement Agreement shall remain in effect for eighteen (18) months from its entry with the Court.
RETENTION OF JURISDICTION 17. The Plaintiff Commission and Cardinal Country Pizza, Inc. agree to execute a separate Consent Order for Discontinuance subject to the terms of this Settlement Agreement including the retention of jurisdiction by the Court to enforce this settlement agreement.
Respectfully Submitted,

(kVJY
EEOC, Trial Attorney
~t!J./J/ -1~~$" Date

~~ Jl-, XU:P

Cheryl LelX

.

Cardinal Country Pizza

 
 CM/ECF - U.S. District Court:mied

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?995995756818433-L_9...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04-cv-72040-VAR-DAS

CLOSED

Equal Employment Opportunity Commission v. Cardinal Country Date Filed: 05/28/2004

Pizza

Date Terminated: 12/14/2005

Assigned to: District Judge Victoria A Roberts

Jury Demand: Plaintiff

Referred to: Magistrate Judge Donald A Scheer

Nature of Suit: 442 Civil Rights: Jobs

Cause: No cause code entered

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport - INACTIVE Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tammy C. Klein - INACTIVE Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Cardinal Country Pizza

represented by Frank J. Kokenakes 39040 W. Seven Mile Road Livonia, MI 48152 734-432-0961 Fax: 734-462-3657 Email: juristfjk@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 3

4/14/2008 2:51 PM

CM/ECF - U.S. District Court:mied

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?995995756818433-L_9...

Date Filed 05/28/2004 06/24/2004 06/24/2004 07/09/2004 08/04/2004 08/25/2004 09/17/2004
10/06/2004
12/01/2004 12/16/2004
12/21/2004 12/22/2004 01/04/2005 01/06/2005 01/26/2005
01/26/2005

# Docket Text
1 COMPLAINT filed by Equal Employment Opportunity Commission against Cardinal Country Pizza, Receipt No. N/A.(JLam, ) (Entered: 05/28/2004)
2 ATTORNEY APPEARANCE: Frank J. Kokenakes appearing on behalf of Cardinal Country Pizza. (BSoc, ) (Entered: 06/28/2004)
3 ANSWER to Complaint with Affirmative Defenses by Cardinal Country Pizza.(BSoc, ) (Entered: 06/28/2004)
4 ORDER of initial pretrial scheduling. The Rule 26(f) must be filed by August 4, 2004. Signed by Honorable George E Woods. (TMcg, ) (Entered: 07/14/2004)
5 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (MOre, ) (Entered: 08/10/2004)
6 NOTICE of reassignment from Judge George E. Woods to Judge VICTORIA A. ROBERTS. (Attachments: # 1)(TMcg, ) (Entered: 08/25/2004)
7 NOTICE TO APPEAR: Settlement Conference set for 1/31/2005 02:00 PM before Honorable Victoria A Roberts. REFER TO IMAGE FOR ADDITIONAL DEADLINES(CPin, ) (Entered: 09/17/2004)
8 PHASE I SCHEDULING ORDER: Settlement Conference re-set for 2/9/2005 03:00 PM before Honorable Victoria A Roberts. Discovery cut off 1/31/2005. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(CPin, ) (Entered: 10/06/2004)
9 PROPOSED WITNESS LIST by Cardinal Country Pizza (ATee, ) (Entered: 12/11/2004)
10 [STRICKEN 12/21/04] MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Document Continuation)(ATee, ) Modified on 12/23/2004 (KWil, ). (Entered: 12/21/2004)
11 NOTICE AND ORDER by Honorable Victoria A Roberts striking 10 Motion for Protective Order. (KWil, ) (Entered: 12/23/2004)
12 MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Document Continuation)(ATee, ) (Entered: 12/23/2004)
Minute Entry -Telephone Conference held on 1/4/2005 before Honorable Victoria A Roberts. (CPin, ) (Entered: 01/07/2005)
13 RESPONSE by Cardinal Country Pizza to 12 MOTION for Protective Order . (KWil, ) (Entered: 01/08/2005)
15 ORDER that Court Reporter Karen Klerekoper be Permitted to Bring a Toshiba Laptop Computer into Courthouse. Signed by Honorable Victoria A Roberts. (LHack, ) (Entered: 01/27/2005)
16 ORDER that the Attorney for EEOC, Tammy Klein, be Permitted to Bring a Laptop Computer into Courthouse. Signed by Honorable Victoria A Roberts. (LHack, ) (Entered: 01/27/2005)

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CM/ECF - U.S. District Court:mied

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?995995756818433-L_9...

01/27/2005
02/07/2005 04/01/2005 04/08/2005 06/01/2005 06/10/2005 06/28/2005
06/28/2005
12/07/2005 12/14/2005

14 AMENDED SCHEDULING ORDER PHASE I: Settlement Conference set for 6/10/2005 03:00 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(LVer, ) (Entered: 01/27/2005)
Minute Entry -Motions terminated: 12 MOTION for Protective Order filed by Equal Employment Opportunity Commission - Withdrawn per letter from Tammy Klein before Honorable Victoria A Roberts. (CPin, ) (Entered: 02/07/2005)
17 WITNESS LIST by Equal Employment Opportunity Commission (DHame, ) (Entered: 04/04/2005)
18 SUPPLEMENTAL WITNESS LIST by Cardinal Country Pizza (DHame, ) (Entered: 04/11/2005)
19 ORDER of Reference to Magistrate Judge Scheer: Conduct Settlement Conference June 10, 2005 at 3:00 p.m. Signed by Honorable Victoria A Roberts. (LVer, ) (Entered: 06/01/2005)
Minute Entry -Settlement Conference held on 6/10/2005 before Honorable Donald A Scheer. Disposition: No Settlement Agreement Reached (MLan, ) (Entered: 06/13/2005)
20 SCHEDULING ORDER PHASE II: Settlement Conference set for 1/23/2006 at 03:00 PM before Honorable Victoria A Roberts. Jury Trial set for 2/28/2006 at 09:00 AM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(LVer, ) (Entered: 06/28/2005)
21 ORDER REGARDING JOINT FINAL PRETRIAL ORDER AND FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 2/21/2006 at 03:00 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(LVer, ) (Entered: 06/28/2005)
22 SETTLEMENT AGREEMENT sumitted by Equal Employment Opportunity Commission.(Klein, Tammy) (Entered: 12/07/2005)
23 CONSENT ORDER FOR DISCONTINUANCE Signed by Honorable Victoria A Roberts. (DHame, ) (Entered: 12/20/2005)

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04/14/2008 15:50:44

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