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20S 220 S911

A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, ACTING REGIONAL ATTORNEY DAMIEN LEE, SR. TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 Damien.Lee@eeoc.gov Tel: (206) 220-6915 Fax: (206) 220-6911
ATTORNEYS FOR PLAINTIFF

T-203 P.004/008 F-2S4

U.S. COURTS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY

C1V05- 391- S- EJL

COMMISSION,

CIVIL ACTION NO.

Plaintiff,
v.

COMPLAINT JURY TRIAL DEMAND

FRED MEYERS STORES, Defendant.

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

COMPLAINT- Poge t of5

EQUAL EMPLO'lMJ::NT OPPORTUNlTVCOMMLc,sION
Seatilr Dmlritl Office 0011 ~nt A't'C'IIuc. Suite oIIQQ Sc..ul". WluLlin=ron 9S104_1Dlil Tdt~!:411~ lZllG) :U:l.4i/UO
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T-203 P.005/008 F-264

appropriate relief to Lisa Allen ("Ms. Allen"). The Equal Employment Opportunity Commission
alleges that defendant discriminated against Ms. Allen when it subjected her to sexual
harassment on the basis of her sex. Plaintiff seeks monetary relief, including pecuniary and nonpecuniary compensatory and punitive damages, and injunctive relief, on behalf of Ms. Allen.
mRlSDICTION AND VENUE L Jurisdiction of this Court is invoked pursuantto 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 US.C. §198Ia. 2. The employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States District Court for the District ofIdaho.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title Vl1, and is expressly authorized to bring this action by Section 706(f)( I) of Title VII, 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, defendant Fred Meyers Stores. ("Fred Meyer") has been a corporation continuously doing business in the State of Idaho and has continuously had at least 15 employees.

COMPLMNT- Page 2 ofS

l:QUAL EMPLOYMENT
OfrORTUNITI'COMMlSS(ON Sl:aldc Dlstrlel OIT~c
90' Fin! Avenue., SWIll' 4DQ
Sl!nltle, Wlllibilll:l(l!l 911-10,4-1061 T:;I"pI1tll1~; \!(!IH12l""8HJ F~oh:'lile: (ZM}UG-li911
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T-203 P.006/008 F-264

5. At all relevant times, defendant Fred Meyer has continuously been an employer engaged 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, Ms. Allen filed a charge with the Commission alleging violations of Tide VII by defendant Fred Meyer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 1, 2003, defendant Fred Meyer engaged in unlawful employment practices at its Idaho Falls, Idaho facility in violation of §§ 703(a) of Tille VII, 42 U.S.C. §§ 2000e-2(a). The practices include sexual harassment of Ms. Allen because of her sex. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Allen of equal employment opportunities. 9. TIle unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to Ms. Allen's federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:

COMPLAINT-Page 3 of 5

EQUAL EMI'LOYMENT OPPOR'ItlNI'n'COMMtSSION
Seattle Dhui~t om~ !IU~ Fll'n AVcBlIC, Suih: ..cOil SClIule, W.uhil1e:lQ" !l1104-,Ofil Tel¢jlllg"1;:O; f;:(6) :1G-6!33 F"bi.II;llll (206) Uo-6?11
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T-m P.007/008 F-264

A. Grant a permanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of sex.
B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order defendant to make whole Ms. Allen by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order defendant to make whole Ms. Allen by providing compensation for past and futllXe pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be determined at trial.
E. Order defendant to make whole Ms. Allen by providing compensation for past and furore nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order defendant to pay Ms. Allen punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

COMPLAINT- Page 4 of 5

"QUAL EMPLOYMENT OflPORTUNI'lYCOMMlSSJON
SeIInl: Durrlu Office
909 Flrn AvUlue, SIIi1t 400
StlIlI1le. Wllllhiu~Q" 98104-IO'J Trl\!JlhonCl lZ'Jfi)llQoGXHJ Fnoimll:: (l1l6}21D-ti?11 '!'Do! (:306) 2:Z~8a2.

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T-20' P.OOS/OOS F-264

.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. mRY TRIAL DEMAND
The Commission requests ajury trial on all questions offact raised by its complaint.

DATED thls;a.3!J/day O f ¥ 2005.

A. LUIS LUCERO, JR. Regional Attorney
KATHRYN OLSON
Acting Regional Attorney
DAMIENLEE Senior Trial Attorney

JAMES L. LEE
Deputy General Counsel
GWENDOLYN Y. REAMS
Associate General Counsel

BY: _
EQ ALEMPi.O
COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Damien.Lee@eeoc.gov Tel: (206) 220-6915 Fax: (206) 220-6911

Office of the General Counsel
1801 "L" Street NW Washington, D.C. 20507
Attorneys for Plaintiff

COMPLAINT-Page 5 .r5

I!;QUAL EMPLOYMENT O('(I0R"H.lf'll'tvCOMML<;tiION
gD' tri~( A.~lIuCJ Suite JOG ~c.qn~. WII~hin!:ltlll Sl8JQ.I..HI(il
Tekphontc! (ZCG} Ua-titiE.l ~lIulmll~ (206) 21.G-6?11
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
FRED MEYERS STORES, Defendant.

CIVIL ACTION NO. 05-391-S-EJL ORDER DISMISSING ALL CLAIMS

It is hereby ORDERED, ADJUDGED and DECREED that a dismissal of all claims in Case No. 05-391-S-EJL is hereby GRANTED. Each party will cover their own costs and legal fees.

DATED: August 31, 2006 Honorable Edward J. Lodge U. S. District Judge

 
 District of Idaho Live CM/ECF - Docket Report

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CLOSED, LCKB, NDPLMB
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Boise) CIVIL DOCKET FOR CASE #: 1:05-cv-00391-EJL-LMB

Equal Employment Opportunity Commission v. Fred Meyers Stores Assigned to: Honorable Edward J. Lodge Referred to: Honorable Larry M. Boyle Cause: 28:451 Employment Discrimination

Date Filed: 09/23/2005 Date Terminated: 08/31/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carmen Flores US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Damien A Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6915 Fax: (206) 220-6915 Email: damien.lee@eeoc.gov TERMINATED: 10/25/2005 LEAD ATTORNEY

Kathryn Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6911 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teri L Healy Equal Employment Opportunity

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V. Defendant Fred Meyers Stores

Commission 909 1st Avenue Ste 400 Seattle, WA 98104 (206) 220-6916 Fax: (206) 220-6911 Email: teri.healy@eeoc.gov TERMINATED: 03/23/2006 LEAD ATTORNEY
A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6915 Fax: (206) 220-6915 Email: luis.lucero@eeoc.gov ATTORNEY TO BE NOTICED
represented by Keller W Allen ALLEN & McLANE, P.C. Paulsen Ctr, Ste 421 421 W. Riverside Ave Spokane, WA 99201 (509) 777-2211 Fax: (509) 777-2215 Email: kwa@allenmclane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas W McLane PAINE HAMBLEN COFFIN BROOKE & MILLER 1200 Washington Trust Finan Ctr Spokane, WA 99204 (509) 777-2211 Fax: (509) 777-2215 Email: twm@allenmclane.com ATTORNEY TO BE NOTICED

Date Filed 09/23/2005

#

Docket Text

1 COMPLAINT, Jury Trial Demand against Fred Meyers Stores Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(jlg, ) (Entered: 09/26/2005)

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09/26/2005 09/28/2005 10/12/2005 10/25/2005 10/27/2005
10/28/2005 11/07/2005 11/09/2005 12/21/2005 01/03/2006
02/27/2006 03/06/2006
03/23/2006

2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
Another Summons Issued as to Fred Meyers Stores. (wm, )
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Fred Meyers Stores served on 10/4/2005, answer due 10/24/2005. (wm, ) (Entered: 10/13/2005)
4 NOTICE of Substitution - Attorney Teri L Healy and Terryl T Healy for Equal Employment Opportunity Commission added. Attorney Damien A Lee terminated. (Healy, Terryl)
5 LITIGATION ORDER Litigation Plan form and Consent to Proceed Before a Magistrate Judge due by 12/22/2005. Telephonic Scheduling Conference set for 1/5/2006 09:30 AM before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
6 Defendant's ANSWER to Complaint by Fred Meyers Stores.(Allen, Keller)
7 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Fred Meyers Stores re 6 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
8 Disclosure Statement filed byKeller W Allen on behalf of Fred Meyers Stores. (Allen, Keller)
9 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Healy, Terryl)
10 SCHEDULING ORDER The telephonic scheduling conference set on 1/5/2006 is Vacated. Amended Pleadings due by 5/13/2006. Discovery due by 8/11/2006. Joinder of Parties due by 5/13/2006. Parties to participate in mediation by 5/31/2006. Pre-Trial Motions due by 9/11/2006. Jury Trial set for 3/13/2007 09:30 AM in Boise, ID before Honorable Edward J. Lodge. All non-dispositive pretrial matters are referred to United States Magistrate Judge Larry M. Boyle. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
11 STIPULATION on Expert Deadlines and Proposed Order by Equal Employment Opportunity Commission. (Healy, Teri)
12 ORDER granting 11 Stipulation filed by Equal Employment Opportunity Commission. Disclosure of expert witnesses for EEOC due by 4/13/2006. Disclosure of expert witnesses for dft due by 5/13/2006. Rebuttal experts due by 6/12/2006 . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
13 NOTICE of Substitution - Attorney Teri L Healy terminated. (Flores, Carmen)

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05/01/2006 05/02/2006 05/10/2006 05/24/2006
05/24/2006 05/24/2006 06/05/2006 06/06/2006
06/30/2006 08/31/2006 08/31/2006

14 MOTION to Compel Discovery of Medical Records by Fred Meyers Stores. Responses due by 5/25/2006 (Attachments: # 1 # 2)(Allen, Keller)
15 STIPULATION REQUESTING ORDER EXTENDING MEDIATION DEADLINE by Equal Employment Opportunity Commission, Fred Meyers Stores. (Allen, Keller)
16 DOCKET ENTRY ORDER granting the parties' Joint Stipulation (Docket No. 15) to extend the May 31, 2006 mediation deadline set forth in the Scheduling Order (Docket No. 10). The parties shall participate in mediation on or before August 15, 2006. Signed by Judge Larry M. Boyle. (Ball, Kate)
17 DECLARATION of Carmen Flores in Support of EEOC's Response to Defendant Fred Meyer's Motion to Compel Discovery of Medical Records re 14 MOTION to Compel Discovery of Medical Records filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Flores, Carmen)
18 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 17 Declaration, of Carmen Flores in Support of EEOC's Response to Defendant Fred Meyer's Motion to Compel Discovery of Medical Records (Flores, Carmen)
19 RESPONSE to Motion re 14 MOTION to Compel Discovery of Medical Records filed by Equal Employment Opportunity Commission. Replies due by 6/8/2006. (Flores, Carmen)
20 REPLY to Response to Motion re 14 MOTION to Compel Discovery of Medical Records filed by Fred Meyers Stores. (Allen, Keller)
21 NOTICE of TELEPHONE Hearing on Motion 14 MOTION to Compel Discovery of Medical Records: Motion Hearing set for 7/18/2006 01:30 PM (Mtn. Time) in Boise, ID before Honorable Larry M. Boyle. Mr. Keller to initiate Conference Call to Judge Boyle's Chambers at (208) 334-1495.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, )
22 DOCKET TEXT NOTICE: Plaintiff's counsel advised this matter is resolved. Parties shall submit their settlement documents to Judge Lodge forthwith. The motion hrg set for 7/18/06 before Judge Boyle is VACATED. (lc, )
23 STIPULATION of Dismissal OF ALL CLAIMS by Equal Employment Opportunity Commission. (Flores, Carmen)
24 ORDER granting 23 Stipulation Dismissing all claims. Each pary will cover their own costs and legal fees. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

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