• •

U .~~.~...'~S.TS£F. :['!·.1I,1I,''...,F~.::-...T,f..,i'',!;~,')"·:'/".•1p"..".;',)\~I,",I),Cc...'...".!(jfO;-,fo-"\TLA

2001 FEB 16

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LORr--:---,. _,

L ICJLf\EGR.KWHYTE

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
PRODUCTION MANAGEMENT INDUSTRIES, L.L.C. and PRODUCTION MANAGEMENT INDUSTRIES, INC.
Defendants

041 9 CIVIL ACT'&r.;.
~~~ON 'SEer NMAG. 3
MAG. NO. MAG.

COMPLAINT SEEKING MONETARY AND INJUNCTIVE RELIEF WITH JURY DEMAND

NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United

States Equal Employment Opportunity Commission, and files its Complaint Seeking

Monetary and Injunctive Relief with Jury Demand. Plaintiff respectfully avers as follows:

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") 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 Kris McGrew ("McGrew"), and any individuals

•• •
in like or related situations, who were adversely affected by being harassed because of sex (female), and/or by being retaliatorily discharged by their employer, Defendant herein, for protesting or opposing practices made unlawful by Title VII.
JURISDICTION AND VENUE 1.
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 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.
2. Venue is proper in this Court under 28 U.S.C. § 1391 and Section 706(f)(3) of Title VII, 42 U.S.c. § 2000e-5(f)(3). The unlawful actions which are the subject of the instant lawsuit occurred within the district of this Court.
PARTIES 3.
Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to
-2 -

•• •
bring this action by Section 706(f)(1), (2), and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1), (2) and (3).
4. Made Defendants herein are Production Management Industries, L.L.c. ("PMI"), a Louisiana limited liability company, and Production Management Industries, Inc. ("PMII"), a Louisiana corporation. At all relevant times, PMI and PMII have done business within the State of Louisiana and have had at least fifteen (15) employees.
5. On information and belief, Plaintiff alleges that PMI is the successor entity to PMII, and PMI is jointly and severally liable for all actions of PMII which are complained of herein. PMI and PMII are sometimes hereinbelow referred to collectively as "Defendant."
6. At all relevant times, Defendant has 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).
-3-

•• •
STATEMENT OF CLAIMS 7.
At least as early as April of 1999, Defendant engaged in unlawful employment practices at its facility in Harvey, Louisiana, in violation of Section 703 and 704 of Title VII, 42 U.S.c. §§ 2000e-2 and 2000e-3.
8.
More than thirty (30) days prior to the institution of this lawsuit, McGrew filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. McGrew is a female who worked for Defendant roughly from July 15, 1998 through June of 1999 as a shipping / receiving clerk.
10. Beginning around July of 1998, and continuing to increasing degrees throughout the remainder of her employment with Defendant, McGrew was subjected to sexual harassment and a hostile working environment which was severe and pervasive.
11. McGrew's co-workers made numerous and repeated unwanted and offensive remarks to, or knowingly in the presence and earshot of McGrew.
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•• •
12. The offensive sexual remarks to which McGrew was subjected occurred on a regular and consistent basis.
13. Defendant officials with managerial and/or supervisory authority, who were "agents" of Defendant within the meaning of Title Vll, were aware, or should have been aware, of the sexual harassment to which McGrew was being subjected, but failed to take prompt, effective, appropriate remedial measures in response.
14. Defendant did not have an effective system in place during McGrew's employment to prevent its employees from being subjected to sexual harassment.
15. One of Defendant's foremen admitted that he heard many of the above-referenced kinds of conduct on a routine basis but did not take effective action to end it.
16. One of McGrew's co-workers admitted that he himself often asked her if she wanted to see his penis, that he gave her a Playgirl magazine for her birthday, that he literally ripped his shirt off in her office and later tacked it to her wall with a note falsely stating that McGrew had ripped it off of him, that he often looked at pornographic magazines with other
-5-

•• •
co-workers, making such comments as those quoted above, and that he pulled his pants down on his final day of work to expose his penis to the office workers.
17. Around the middle of June of 1999, on two occasions McGrew found a total of four unpackaged condoms in various places in her workstation, including her sweater pocket. McGrew then made a formal complaint, in addition to past notice to Defendant's management by virtue of the fact that much of the conduct described above had occurred in front of management employees.
18. McGrew asked a co-worker to take a Polaroid photograph of the two condoms which she found on her desk on June 14, 1999, which he did. At least one of these two condoms was contaminated by a wet substance that appeared to be bodily fluid of some kind which left a residue on the paper to which the condom was stuck. The photographs show such residue. Mrs. McGrew was greatly disturbed at finding condoms on her desk which may have had bodily fluids on them.
19. McGrew reported and complained about finding the condoms on June 14, 1999, and June 21, 1999. Respondent discharged McGrew three days later on June 24, 1999, allegedly due to a lack of work. However, prior to having hand surgery on June 9, 1999, McGrew
-6 -

•• •
spoke with her immediate supervisor about her situation, specifically asking if there was any chance of being laid off. McGrew was informed that she would not be laid off. A sworn affidavit from the foreman, Randy Tassin, states that he overheard McGrew's immediate supervisor tell her that she would not be laid off.
20. McGrew was subjected to sexual harassment by Defendant so as (a) to materially alter the terms and conditions of her employment, and/or (b) to impede her ability to perform her job.
21. Defendant discharged McGrew in retaliation for complaining of sexual harassment and/or for otherwise engaging in activity protected under Title VII, thereby further violating the statute.
22. Defendant either knew or should have known of the illegal actions of the individuals who harassed McGrew.
23. Defendant did not take appropriate reasonable steps to prevent McGrew from being subjected to illegal harassment.
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•• •
24. The unlawful practices of Defendant complained of herein have deprived McGrew, and any individuals in like or related situations, ofequal employment opportunities and have otherwise adversely affected the conditions of their employment, and their status as employees, because of their sex (female).
25. The unlawful employment practices complained of herein were intentional.
26. The unlawful employment practices complained of herein caused McGrew, and any other similarly situated female employees, to suffer economic injuries, including but not limited to lost wages, as well as nonpecuniary injuries.
27. Defendant engaged in the unlawful employment practices complained of herein with malice and/or with reckless indifference to McGrew's federally protected rights and those of persons in like or related circumstances.
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•• •
PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment against employees because of their sex and from engaging in any other employment practice which discriminates on the basis of sex or which effectuates retaliation against any person for having engaged in activity protected by Title VII;
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for female persons, and which eradicate the effects of its past and present unlawful employment practices, including but not limited to an effective anti-harassment policy;
C. Order Defendant to make whole McGrew, and any individuals in like or related situations, by reinstating them to their former positions without the loss of seniority or any benefit of employment, and/or by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to lost wages, in amounts to be determined in the course of the proceedings;
D. Order Defendant to make whole McGrew, and any individuals in like or related situations, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of herein, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined in the course of the proceedings;
E. Order Defendant to pay punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial;
F. Award the Commission its costs of this action; and
, G. Grant any and all other relief, legal or equitable, which the Court deems necessary and proper in the public interest.
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•• •
JURY TRIAL DEMAND In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Commission hereby requests a jury on all issues raised in the instant Complaint which may be tried by jury.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
KEITH T. HILL Regional Attorney E.D. Bar Roll No. 15200000
Supervisory Trial Attorney La. Bar Roll No. 2355
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•• •
Senior Trial Attorney La. Bar Roll No. 20890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6950 (AguIar) (504) 589-2663 (Juge) Fax: (504) 589-2805 COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
REGISTERED AGENT FOR SERVICE OF PROCESS FOR PRODUCTION MANAGEMENT INDUSTRIES, INC. and PRODUCTION MANAGEMENT INDUSTRIES, L.L.C.:
ROBERT S. TAYLOR, 1105 PETERS RD., HARVEY, LA 70058
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 · yI ,

fILED EAMrSroOISfRICT COURT
liN DISTRICT OF LA
2001 HAY -9 AM 10: 32
ITt-' lORET~ G. WHYTE ERH

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CIVIL ACTION NO. 01-0419

DIVISION "N" JUDGE CLEMENT
v.

PRODUCTION MANAGEMENT INDUSTRIES, L.L.C. and PRODUCTION MANAGEMENT INDUSTRIES, INC

MAG. (3) MAGISTRATE AFRICK JURY TRIAL REQUESTED

COMPLAINT OF INTERVENTION

Intervenor, KRIS McGREW, by and through undersigned counsel, brings this action alleging the following:

Jurisdiction over this action is conferred on this Court by 28 U.S.C. §§ 451, l331, l337, l343 and 1345. This action is brought pursuant to §706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e and §102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.

2. KRIS McGREW filed a timely charge with the EEOC alleging unlawful employment practices, consisting of sexual harassment, hostile work environment and wrongful retaliatory discharge. EEOC filed suit on behalf of McGREW on February 16, 2001. This Court has jurisdiction to hear McGREW's complaint since she has exhausted the administrative procedures mandated by 42 U.S.C. §§2000e-5(e)(2) and (3).
~
The unlawful employment practices about which McGREW complains were committed within the Eastern District of Louisiana. Venue is proper in this Court under 28 U.S.C. §1391 and 42 U.S.C. §2000e(t)(3).
4. Plaintiff, EEOC, is the agency for the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this claim under 42 U.S.C. §2000e-5(t)(l) and (3).
~
Defendants are PRODUCTION MANAGEMENT INDUSTRIES, L.L.C., a Louisiana limited liability company, doing business within the jurisdiction of this Honorable Court and PRODUCTION MANAGEMENT INDUSTRIES, INC., a Louisiana corporation authorized to do and doing business within the jurisdiction of this Honorable Court.
6. Upon information and belief, PRODUCTION MANAGEMENT INDUSTRIES, L.L.C.
2

("PMI") is the successor entity of PRODUCTION MANAGEMENT INDUSTRIES, INC. ("PMII"), and is jointly and severally liable for all actions which are complained of herein. PMI and PMII will be collectively referred to as Defendant.
7. Intervenor, KRIS McGREW, is an adult female who resides in the parish of Jefferson, Louisiana. McGREW is a former employee of the defendant.
~
At least as early as April of 1999, Defendant engaged in unlawful employment practices at its facility in Harvey, Louisiana, violating §703 and 704 of Title VII, 42 U.S.C. §§2000e-2 and 2000e-3.
9. McGREW filed a charge with the EEOC alleging violations of Title VII by defendant.
ill
EEOC filed this lawsuit against Defendants on February 16, 2001, more than thirty days after the filing of McGREW'S charge.
lL
McGREW was employed by Defendant from July 15, 1998 through June of 1999 as a shipping! receiving clerk.
McGREW, a female employee, was subjected to sexual harassment and a hostile working environment throughout her employment with Defendant, as illustrated by, but not limited to the
3

following: (A) McGREW'S co-workers made numerous and repeated unwanted and offensive sexually charged and sexually explicit remarks to, or knowingly in the presence and earshot of McGREW; (B) McGREW'S co-workers left harassing notes, messages and other materials at her work station; (C) McGREW'S supervisors were aware, or should have been aware, of the sexual harassment, yet failed to take any remedial measures in response; (D) McGREW'S co-workers placed two unpackaged condoms containing some type of sticky residue on and around her work station and two unpackaged condoms in her sweater pocket.
After reporting the discovery of the two condoms on June 14, 1999 and two condoms on June 21, 1999, Defendant discharged McGREW on June 24, 1999.
1.4.., McGREW was subjected to sexual harassment by Defendant so as to materially alter the terms and conditions of her employment, and/or to impede her ability to perform her job. Defendant knew or should have known of the illegal actions of the individuals who harassed McGREW. Defendant did not take reasonable steps to prevent the illegal harassment of McGREW.
4

Defendant discharged McGREW in retaliation for complaining of sexual harassment.
~
Upon information and belief, Defendant's unlawful practices and violations complained of herein were intentional, willful, malicious and/or recklessly indifferent to McGREW'S federally protected rights subjecting Defendant to punitive damages.
The aforementioned conduct has caused McGREW to suffer personal damages, which include but are not limited to:
(A) past lost wages and benefits; (B) future lost wages and benefits;
(C) past medical bills;
(D) future medical bills; (E) past psychological pain and suffering; (F) future psychological pain and suffering; (G) mental anguish; and (H) loss of ability to enjoy living life.
18 .. McGREW hereby requests a trial by jury. WHEREFORE, premises considered, KRIS McGREW, prays that a copy of the above and foregoing Complaint ofIntervention be served upon the Defendants, PRODUCTION
5

MANAGEMENT INDUSTRIES, L.L.c. and PRODUCTION MANAGEMENT INDUSTRIES, INC., that Defendants be required to appear and answer same; that, after due proceedings are had and all legal delays, there be judgment herein in favor of KRIS McGREW and against Defendants, for compensatory and punitive damages, together with legal interest from the date of demand, for all costs of these proceedings, attorney's fees, for expert witness fees, and for all other orders and decrees necessary for full, general and equitable relief.
RESPECTFULLY SUBMITTED: STRAUSS & KING
RAUSS (#12527) RHETT E. KI G (#23811) A. SPENCER GULDEN (#23110) 1001 HOWARD AVENUE, 39TH FLOOR NEW ORLEANS, LA 70113 ATTORNEYS FOR KRIS McGREW
6

 
 · FILED ~~-UISSTERDilIST~.R1IICSTTRiCCTOUORFTLA f'i 20n1 MAR \ 2 ~H 9: 01 LOqrl iA G. WHYTE I - CLERK

MINUTE ENTRY ENGELHARDT, J. March 6, 2002

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EEOC

CIVIL ACTION NO. 01-0419

versus

SECTION: DND (3)

PRODUCTION MANAGEMENT INDUSTRIES, LLC, ET AL

ORDER OF DISMISSAL The Court having been advised by counsel for the parties that all of the parties to this action have firmly agreed upon a compromise, IT IS ORDERED that the action be and it is hereby dismissed without costs and without prejudice to the right, upon good cause shown, to reopen the action or to seek summary judgment enforcing the compromise if settlement is not consummated within a reasonable time. The Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties.
DATE OF ENTRY
MAR 1 2 2002

•

COUNSEL ARE REMINDED THAT, if witnesses have been subpoenaed, EVERY WITNESS MUST be notified by counsel not to appear.

New Orleans, Louisiana, this

~~~~_______ , 2002.

GELHARDT DISTRICT JUDGE

2

 
 Py- rILED _ U.S. DISTRICT COURT :-.ASTERN DISTRICT OF LA 2002 HAY -2 PH 2: /8 LORE"' "(A G. WHYTE CLERK. ,

, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

**************
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PRODUCTION MANAGEMENT INDUSTRIES, L.L.C. and PRODUCTION MANAGEMENT INDUSTRIES, INC.,
Defendants.
**************

* * * * * * * * * * * * * * * * *
* *

CIVIL ACTION NO.: 01-0419
SECTION: N
JUDGE ENGELHARDT MAGISTRATE JUDGE AFRICK

CONSENT DECREE

On February 16,2001, the Equal Employment Opportunity Commission ("the Commission")

instituted Civil Action Number 01-419 in the United States District Court for the Eastern District

of Louisiana, charging Defendant, Production Management Industries, Inc. ("PMI") with violations

of Sections 703(a)(I) and (2) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

Section 2000e(a)( 1) and (2) et seq. ("Title VII"), alleging that PMI engaged in unlawful employment

practices when it created an atmosphere in the workplace which was sexually hostile toward Kris

DATE OF ENTRY
MAY 1 a 2002

1 .", .
McGrew ("McGrew") to deprive her of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex. McGrew has intervened in this action on her own behalf. Beevers & Beevers, LLP ("Beevers") has intervened in this action to assert a claim for attorney's fees in connection with its representation of McGrew.
All such parties to this lawsuit now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however to the approval of this Court.
Therefore, it is ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over the subj ect matter ofthis lawsuit and over the parties
to this lawsuit. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of
which constitute a fair and equitable settlement. 3. The negotiation, execution and entry of this Decree will resolve any and all claims
ofTitle VII violations brought by the Commission against PMI arising out of EEOC Charge No. 270-99-1721, and Civil Action No. 01-419, as well as all claims asserted by McGrew in her complaint in intervention and otherwise., and by Beevers. 4. Neither the negotiation, execution, nor entry of this Decree shall constitute an acknowledgment or admission of any kind by PMI that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order. 5. This Decree relates only to the alleged violations raised in EEOC Charge No. 270-991721, and Civil Action No. 01-419 filed by the Commission in the United States
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District Court for the Eastern District of Louisiana, to allegations raised by McGrew in her complaint in intervention, and to allegations raised by Beevers in its complaint in intervention. 6. PMI, its owners, officers, agents, employees and successors or assigns shall not maintain or permit discrimination in the workplace based upon sex against any person in their employ, as complained of in EEOC Charge No. 270-99-1721 and Civil Action No. 01-419. 7. Within ten days of the signing of this agreement, PMI shall pay to McGrew the sum of THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/1 00 ($37,500.00), as damages in full settlement of all claims. From such amount, McGrew shall pay Beevers any and all amounts due for past fees and costs, in settlement of his complaint in intervention. 8. PMI shall post conspicuously at its facilities, within ten (10) days of the entry of this Decree, a notice of the same form and substance as Attachment "A" for a period of one (I) year. Thereafter, copies of the poster entitled, "Equal Employment Opportunity is the Law" (GPO 920-752) will be permanently posted in place of the notices. 9. PMI shaH provide to the Commission, within thirty (30) days of the entry of this Decree, a copy ofits current policy against sex discrimination and sexual harassment in the workplace and certify to the EEOC that a copy of this policy has been distributed to each of its employees, supervisors, and managers.
-3-

10. PMI shall provide training on sex discrimination and sexual harassment to all of its supervisors and managers within one year of January 1,2002. PMI shall certify to the EEOC that all supervisors and managers have received such sex discrimination and sexual harassment training and where.
11. PMI shall comply with the prohibition against retaliation provisions under Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, and all other provisions of this Act. PMI specifically shall not retaliate against any present or former employee who was a party to or a witness in this proceeding, including, but not limited to, providing adverse job references to prospective employers, employment agencies or credit reporting agencies or by taking any adverse employment action with respect to such individual affecting his or her pay, rights, or status as an employee.
12. PMI shall remove within fifteen (15) days ofthe entry ofthis Decree from its records and files, any notation, remarks, or other indications evidencing that the services performed by McGrew, while employed by PMI, were other than or anything less than satisfactory. PMI shall maintain the separate nature of its personnel files of McGrew from its filing containing information on the circumstances giving rise to EEOC Charge No. 270-99-1721, and Civil Action No. 01-419. PMI agrees that by maintaining the separate nature of these files no employee or representative of PMI will refer to file contents relating in any way to EEOC Charge No. 270-99-1721, and Civil Action No. 01-419.
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...: .

13. In the event that PMI fails to perform its obligations herein, EEOC is empowered to

enforce this Consent Decree through the applicable judicial enforcement procedures

and to seek such sanctions as the Court may find appropriate.

14. This Consent Decree will remain in force for two (2) years from the date of entry of

the Decree.

15. Should any provisions of this Decree be declared or be determined by any court to

be illegal or invalid, the validity ofthe remaining parts, terms or provisions shall not

be affected thereby and said illegal or invalid part, term or provision shall be deemed

not to be a part of this Decree.

16. The Decree sets forth the entire agreement between the Commission, McGrew,

Beevers and PMI, and fully supersedes any and all prior agreements or

understandings between or among such parties pertaining to the subject matter

herein.

17. The Commission, McGrew, Beevers and PMI will each bear their own attorney's fees

and costs incurred in connection with the litigation of this case.

18. This Court shall retain jurisdiction of this action for purposes of enforcing this

Decree, if necessary.

IT IS SO ORDERED.
New Orleans, Louisiana, this _....LA--=~==---_Jl..__

~_ _~_ _:' 2002.

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BY CONSENT:
ATTORNEYS FOR PLAINTIFF,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

ATTORNEYS FOR DEFENDANTS,

GWENDOLYN REAMS Associate General Counsel No Bar Roll Number Assigned

E~l~1J- <Lv---

KElT T. HILL

.

No Bar Roll Number Assigned

Supe ISOry Tnal Attorney La. Bar Roll No. 2355

ATTORNEYS FOR PLAINTIFFINTERVENOR, KRIS MCGREW

Trial Attorney La. Bar Roll No. 784 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113
WILEY J. BEEV (La. BarNo. 2902) RAYLYNNR. EVERS (La. BarNo. 25341) BERNARD PLAIA (La. BarNo. 10815) 210 Huey P. Long Avenue Gretna, LA 70053
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 LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?263085107809024-L_3...

2000E, CLOSED, MAG-3
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:01-cv-00419-KDE

EEOC, et al v. Prod Mgt Ind LLC, et al Assigned to: Judge Kurt D Engelhardt Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/16/2001 Date Terminated: 03/12/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gregory T. Juge Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2877 Email: gregory.juge@eeoc.gov TERMINATED: 06/29/2001 LEAD ATTORNEY

Pamela Ann Alfred-George Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 Email: pamela.alfred-george@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randy J. Dukes Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 TERMINATED: 07/27/2001 LEAD ATTORNEY

Jeffrey Tobias Agular Equal Employment Opportunity

1 of 6

6/6/2007 12:51 PM

LAED CM/ECF - Live - Docket Report
Intervenor Wiley J Beevers
V. Defendant Production Management Industries, L.L.C.
2 of 6

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?263085107809024-L_3...
Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817
Michelle T. Butler Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2872 Email: michelle.butler@eeoc.gov TERMINATED: 07/27/2001
represented by Wiley J. Beevers Beevers & Beevers, LLP 210 Huey P. Long Ave. Gretna, LA 70053 504-361-4287 Email: beevers@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bernard M. Plaia, Jr. Dutel & Tranchina, LLC Two Lakeway 3850 N. Causeway Blvd. Suite 1130 Metairie, LA 70002 504-831-0055
Raylyn R. Beevers Beevers & Beevers, LLP 210 Huey P. Long Ave. Gretna, LA 70053 504-361-4287 Email: beevers@bellsouth.net

represented by Walter W. Christy Coats / Rose 400 Poydras Street

6/6/2007 12:51 PM

LAED CM/ECF - Live - Docket Report
Defendant Production Management Industries, Inc.
3 of 6

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?263085107809024-L_3...
Suite 1440 New Orleans, LA 70130 504-299-3070 Email: wchristy@coatsrose.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie Weill Ehret Frilot, Partridge, Kohnke & Clements, LC Energy Centre 1100 Poydras St. Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000 Email: lehret@frilotpartridge.com TERMINATED: 09/25/2001
Madeline Doucet West Frilot, Partridge, Kohnke & Clements, LC Energy Centre 1100 Poydras St. Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000
Sheri Sport Faust Frilot, Partridge, Kohnke & Clements, LC Energy Centre 1100 Poydras St. Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000 Fax: (504)599-8157 Email: sfaust@frilotpartridge.com
represented by Walter W. Christy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie Weill Ehret (See above for address) TERMINATED: 09/25/2001
Madeline Doucet West (See above for address)
Sheri Sport Faust (See above for address)
6/6/2007 12:51 PM

LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?263085107809024-L_3...

Intervenor Kris McGrew

represented by Berney Leopold Strauss Strauss & King 729 Camp St. New Orleans, LA 70130-3701 (504) 523-0033 Email: sslaven@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
A. Spencer Gulden Law Office of A. Spencer Gulden 338 Bermuda St. New Orleans, LA 70114 214-205-0644 Email: asgulden@yahoo.com
Rhett Emerson King Strauss & King 1100 Poydras St. Suite 2900 New Orleans, LA 70163 (504) 523-0033 Email: rhettking@straussandking.com

Date Filed 02/16/2001 02/16/2001 04/12/2001
04/18/2001 04/26/2001 05/03/2001 05/07/2001
05/09/2001

#

Docket Text

1 COMPLAINT; 2 summons(es) issued (vld) (Entered: 02/22/2001)
Automatic Referral (Utility Event) to Magistrate Judge Lance M. Africk (vld) (Entered: 02/22/2001)
2 MOTION by intervenor Wiley J Beevers to intervene referred to Magistrate Judge Lance M. Africk to be heard before Magistrate; no hearing date set (dw) (Entered: 04/19/2001)
3 MINUTE ENTRY ( 04/17/01 ) granting Wiley J. Beevers' motion to intervene [2-1] by Magistrate Judge Lance M. Africk (dw) (Entered: 04/19/2001)
4 ANSWER by defendant Prod Mgt Ind LLC, defendant Prod Mgt Ind Inc to complaint by plaintiff EEOC [1-1] (bc) (Entered: 04/27/2001)
5 MINUTE ENTRY ( 5/2/01 ) A telephone status conf will be held 9:00 6/6/01 . by Magistrate Judge Lance M. Africk (tbl) (Entered: 05/03/2001)
6 Motion and ORDER allowing intervention of Kris McGrew , by Magistrate Judge Lance M. Africk Date Signed: 5/9/01 (sek) Modified on 05/09/2001 (Entered: 05/09/2001)
7 Intervenor's COMPLAINT by intervenor Kris McGrew ; 2 summons(es) issued (sek) (Entered: 05/09/2001)

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06/06/2001
06/13/2001 06/18/2001 06/22/2001 06/29/2001
07/02/2001 07/26/2001 07/27/2001 09/25/2001 09/26/2001 12/17/2001 01/14/2002 01/14/2002

8 MINUTE ENTRY ( 6/6/01 ) A Status Conf was held 9:00 6/6/01 ; one of the parties did not consent to proceed bfr the undersigned US Mag Judge & a jury trial is requested; the US District Court will be notified so that dates can be set on its calendar. by Magistrate Judge Sally Shushan for Magistrate Judge Lance M. Africk (tbl) (Entered: 06/07/2001)
9 NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:30 7/12/01 by Clerk (gw) (Entered: 06/13/2001)
10 ORDER that the referral issued in this matter is rescinded, vacated & set aside; all further proceedings will be held bfr the US District Judge . by Judge Edith B. Clement (tbl) (Entered: 06/19/2001)
11 Motion by defendant Prod Mgt Ind LLC, defendant Prod Mgt Ind Inc and ORDER that the Preliminary Conference is reset to be held 11:00 7/26/01 . by Judge Edith B. Clement Date Signed: 6/25/01 (tbl) (Entered: 06/27/2001)
13 Motion by plaintiff EEOC and ORDER that Randy J. Dukes be designated as trial attorney; that Michelle T. Butler be designated as co-counsel of record & that Gregory T. Juge & Jeffrey T. Agular are removed from the Court's list of counsel of record for same . by Judge Edith B. Clement Date Signed: 7/2/01 (tbl) (Entered: 07/03/2001)
12 Notice of Deposition by defendant Prod Mgt Ind LLC, defendant Prod Mgt Ind Inc of Kris McGrew on 8/20/01 (tbl) (Entered: 07/03/2001)
14 MINUTE ENTRY (7/26/01): Preliminary Conference held; amendments due within 30 days; settlement status conf set 2:00 2/21/02; pretrial conf set 10:10 3/21/02; jury trial set 10:15 4/8/02. by Judge Edith B. Clement (tbl) (Entered: 07/26/2001)
15 Motion by plaintiff EEOC and ORDER that Pamela Alfred-George be designated as trial atty & that Ms. Alfred-George & Jeffrey T. Agular be substituted for Randy J. Dukes & Michelle T. Butler as counsel of record for same . by Judge Martin L. Feldman (tbl) (Entered: 07/31/2001)
17 Motion by defendant Prod Mgt Ind LLC, defendant Prod Mgt Ind Inc and ORDER withdrawing attorney Leslie Weill Ehret and substituting attorney Sheri Sport Faust for same . by Judge Edith B. Clement Date Signed: 9/26/01 (tbl) (Entered: 09/28/2001)
16 Notice of Deposition by defendant Prod Mgt Ind Inc of Kris McGrew on 10/1/01 (tbl) (Entered: 09/27/2001)
18 NOTICE that case is reassigned to Judge Kurt D. Engelhardt by Clerk (tbl) (Entered: 12/18/2001)
19 MINUTE ENTRY ( 1/11/02 ) Settlement conference scheduled before the District Judge 2:00 2/21/02 is hereby reset before Magistrate Judge Lance Africk 9:00 2/21/02 . by Judge Kurt D. Engelhardt (tbl) (Entered: 01/14/2002)
20 MINUTE ENTRY ( 1/14/02 ): A settlement conference is scheduled before the undersigned at 9:00 2/21/02; settlement letters due by 2/14/02. by Magistrate Judge Lance M. Africk (tbl) (Entered: 01/15/2002)

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02/20/2002 03/07/2002 03/12/2002 04/05/2002
05/02/2002

21 MINUTE ENTRY ( 2/19/02 ) The status conference scheduled for 9:00 2/21/02 is canceled . by Magistrate Judge Lance M. Africk (tbl) (Entered: 02/20/2002)
22 MINUTE ENTRY ( 3/6/02 ) Following discussions, the parties have settled the intervention of the above-captioned case; the US District Judge's chambers have been notified . by Magistrate Judge Sally Shushan for Magistrate Judge Lance Africk (tbl) (Entered: 03/08/2002)
23 ORDER OF DISMISSAL w/o costs & w/o prej . by Judge Kurt D. Engelhardt **CASE CLOSED** (tbl) (Entered: 03/12/2002)
24 Motion by defendant Prod Mgt Ind LLC, defendant Prod Mgt Ind Inc, intervenor Wiley J Beevers, intervenor Kris McGrew and ORDER that their respective claims in the above entitled & numbered action are hereby dismissed w/prej, each party to bear its own costs . by Judge Kurt D. Engelhardt Date Signed: 4/12/02 (tbl) (Entered: 04/16/2002)
25 CONSENT DECREE: This Decree related only to the alleged violations raised in EEOC Charge No. 270-99-1721 & this matteri; PMI shall not maintain or permit discrimination in the workplace based upon sex agst any person in their employ as complaint of in this matter; w/in ten days of signing this agreement, PMI shall pay to Kris McGrew the sum of $37,500.00 as damages in full settlement of all claims; from such amount, McGrew shall pay Beevers any & all amounts due for past fees & costs, in settlement of his cmp in intervention; PMI shall comply with the directives set forth herein. by Judge Kurt D. Engelhardt Date Signed: 5/10/02 (tbl) (Entered: 05/13/2002)

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