United States District Court, Northern District of Illinois

NIlIII~ 01' Asslgned Juc.lJ.:~ or Mae,lstrate Judge

John W. Darrah

Sittin!;. Jud~e if Other than A~slgned Judge

CASE NUMBER

02 C 6589

DATE

12/19/2003

CASE TITLE
MOTION:

EEOC vs. United Fence Co, et. al.
rln the followlJlg box (a) mdlcate the party filing the motion, e,g., plmnliff, deJendant, 3rd party plullititl and (b) state oneny lhe lIa.ture of the motion being presented.]

DOCKET I!:NTRY:

(I )

D

(2)

D

Filed motion of ( llSC listing in HMotion" box. above,l Brief in sLlpport of moti(lIl due ___ .

(.1)

D

(4) D

(5) D

(6)

D

Answer brief to moti<.m duc___ Reply to anSwer brief due Ruling/Hearing un ____ set tur _ _ _ at _... ._ Status hcaring[held/continucd to] [set for/rc·sct for] on ___... sct for _ _ _ at_ Pretrial conferencclhcldfcontinued toJ Isct for/re-set forJ <m. _ _ _ set for _ .... at

(7)

D

(8)

D

(9) o

Trial['et for/re-set ti"j un _ _ _ at .... [BenchJJlIry trialj [Hearing] held/continued to ___ at._ _ This case is dismissed [withlwifhollt] prejudice and without c(Jsts[by/agreement/pursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2).

(10) • [Other docket entty] For the reasons stated in the attached consent decree by the parties, this decree fully and finally resolves any and aU issues and claims arising out of the complaint filed by the EEOC. Enter Consent Decree. Case closed. Any pending dates or motions are tenninated as moot.

• (1 I)

[For further detail seo order attached to the original minute order.]

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IN THE UNiTED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILl ,INOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED l;'ENCE COMPANY, AND

)

WOR-MAC, INC.

)

)

Defendants.

)

------------------.--------~

CIVIL ACTION NO. 02 C 6589 Judge Darrah Magistrate Judge Denlow

CONSENT DECREE

1. PlaintiffEquai Employment Opportunity Commis~ioll (the "EEOC") Eled this action alleging that Defendant United Fence Company ("United Fence") and Defendant Wor-M,lc, Inc. ("Wor-Mac") each violated Section 703(a) of Title VTT of the Civil Rights Act of 1964, as amended ("Title VU"), 42 U.S.c. § 2000e-2(a), by engaging in national origin discrimination again>;t Hisp,mic employees and raee discrimination against African- American employees.
2. 111 the interest of resolving this matter, the parties have agreed that this action should he finally resolved by entry of this Con~ent Decree (hereafter "Decree"). This Decree fully ilnd finally resolves any and all issues ,\l1d claims arising Ollt orthe Complaint filed by the EEOC.

3. Having carellllly examined the ten11S and provisions of this Decree, ,md based on the pleadings, record, and stipulations of the parties, the COllrt rinds the following:

a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of'this Decree are adequate, fair, reasonable, equitable, ami just. The rights of EEOC, Defendants, the charging party (Daniel Diaz), the claimants and the public interest arc adequately protected by this Decree.
e. This Decree conlorms with the Federal Rules of Civil Procedure and Title VTT and is not in derogation of the rights or privikgcs of any person. The entIy or this Decree will
further the objectives of Title vn and will be in the best interests orthe parties, the claimants, amf
the public. The claimants no longer work for Defendants. d. Neitber the negotiations concerning this consent decree, nor the actual provision
of consideration set forth in this docLlll1ent, nor the execution of this document shall be constl1led as an admission by either United Fence Company or Wor-Mac, Inc. of any liability or or any wrongdoing under federal, state or local law. Nor shall they be construed as an admission hy the EEOC that it lacb valid chlims of discrimination. Nor does the execution of this document imply that United Fence Company ()T Wor-Mac, Inc. cunently have or docs not have J5 employees.
NOW, THEREFORE, IT IS ORDERED, AU.JUDGEO AND J>ECREJW THAT: INJUNCTION AGAJNST DJ,SCRIMINAJION
4. a) United Fence and Wor Mac, and their officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or paliicipatioTl with them, are hereby enjoined from:
i) unlawfully discriminating agaimt employees on the basis of their national origin; ii) preventing employees from speaking Spanish a) during lunch breaks and other breaks;
2

and b) dming work hours unless a particular employee is required to speak English to customer,

coworker, or supervisor wbo speaks only English,

iii) unlawfully creating, racilit.ating or permitting, including through il policy or practice, the

existence of a work environment that is hostile t.o employees on the basis of their national origin; and

iv) unlawfully paying Hispanic employees less than non-Hispanic elnployees who perform

substantially the same work, and who have similar ahilities.

h) United Fence and Wor Mac, ,md their officers, agents, management (including

supervisory employees), successors and assigns, and all those in active concert or participation with'

them, are hereby enjoined from:

i) unlawfully discriminating against employees on the basis of their race;

ii) unlawfully creating, facilitating or permitting, including through a policy or practice, the

existence ofa work environment that is hostile 10 employees on the basis oCtheir race; and

iii) unbwfully paying Ali-iean-American employees less than other cmployees who perform

substantially the s,lme work, and who have similar abilities.

NO)'J-RETt\LTATlON

5.

Defendants and their officers, «gents, employees, successors, assigns and all persons

acting in cone-crt with them shall not engage in any [om] of retaliation against any person because

such person has opposed any practice made unlawful under Tille VII, filed a Charge of

Discrimimltion under Title Vll, testified or participated in any manner in any investigation,

proceeding, or hearing under Title VIT, or asserted any rights under lhis Decree.

M.ONETt\RY RELIEF

6.

Defendants collectively shall pay a total of$50,000 to the 14 claimants in this case,

3

who are Santiago Bl'isenio, Jose A, Cortez., Daniel Diaz, Robelto Gonzalez, Antonio Hernandez
Edward Hernandez, Alex lniquez, James Jackson, Antonio Martinez, Joaquin Mendez, Noe
"
Mercado, Jesus Monreal, Jose Rodriguez, Emesto Vega. The division of the lump sum among the

claimants shall be at the discretion of the EEOC. The EEOC shall advise Defendants or each

claimant's share within three days of the enlry ofthe Consent Decree by the Court. There shall be

no deduction from the a\1lounts paid to each claimant. United Fence Company and/or Wor Mac, Inc.

will issue IRS 1099 Forms to each c\aimanll'eflecting the EEOC's allocation to thal claimant.

7.

Within Ii [teen (15) business days after ils counsel rccei ves a signed Release.

Agreement, attached as Exhibit A, and a signed W9 IRS fonn from a c1ain1lUlt, United Fence ;md/or

WN-Mac shall issue and mail by cerli i'ied mail to such claimant a check in the amount of the

allocation ror that claimant as established by the EEOC. A copy of each check shall be mailed on

the same date to the EEOC.

8. Within thirty (30) business days after entry of this Decree, Defendants shall post copies of the Notice attached as Exhibit B, on the hulletin boards usually used for communicating with empJoyees. Copies in both English and Spanish shall be po~ted, Each notice shall remain posted Cor the term of this Decree. Defendants shall take all reasonable stcP8 to ensure that the posting is 110t altered, defaced or covered by any other materiaL Defendants shall certify to the EEOC in writing within thirty (30) business days after entry of the Decree that the Notice has been properly posted. Defendants shall permit a representative of the EEOC to enter their premises to verity compliance with this Paragraph at any time during normal business hOUTS without prior notice.

4

RECOBD KEEI;'lNG 9. For the duwtion of this Decree, Defendants shall maintain amI make available lor inspection and copying by the EEOC records (including names, social security numbers, addresses, telephone numbers, race and national origin) of each employee, including temporary employees, who complains of national origin or race discrimination. Such reports shall indicate the date the complaint was made, who made it, what was alleged, and what actions the Defendanl(s) took to resolve the matter. 10. Derendants shall make all documents or records referred to in Paragraph <) ahove, available for inspection and cOpyillg within filleen (15) business days altcr the EEOC makes a written request lor such infomlution. In addition, Defendants shall make available on fifteen (15) business days notice their supervisory personnel whom the EEOC requests to intelview for purposes of verifying compliance with thi~ Paragraph.
REP9RTTNG 11 . Defendants shall fUl1lish to the EEOC the following written reports every six months for the term of this Decree. The first. report shall be due six (6) months after entry of the Decree. Each such report shall contain the naDle and address of each employee (including temporaly employees) who complained of national origin or race discrimination and thc nature of the complaint. lfno employee made such a complaint, an officer of Defendants shall submit a ~iglled statement so stating. Each report shall also contain a statement signed hy an of/lcer of Defendants that the Notice requited to be posted in 8, ahove, remained posted durillg the entire six (6) montb period preceding the report.
5

ADOPTION ANQJ)ISTRTBUTlON QE.P0LICY AGAINST NATIONA!e ORIGIN AND RACI,tDISCRIMINATION 12. DcI'Cndants shall adopt a policy against national origin and race di~crimination within thirty (30) days aller the entry of this Consent Decree, which shall at a minimum provide as follows: (a) Within thirty (30) days afler the entty of this Consent Decree Defendants shall distribute a copy of said Policy to each current employee. After that 30 day period, Defendants shall give a copy of said policy to each new employee on the first day of employment. lfthe employee's primary language is Spanish, the copy shall be in Spanish. (b) The policy shall speci fically prohibit all unbwf'ul conduct on the basis of" raee and national onglll by employees, managers, and owners, and shall prohihit any unlawful discrimination in (he terms and conditions of" employment based on national origin and race. The poliey shall state that English shall not be required to be spoken during lLLIlch or other breaks, and shall not be required during work hours without a bu~iness necessity as defined by case law under Title ViI. (c) The policy shall state that employees, including tempormy employees, are not required to complain of harassmen I to a person against whom they allege harassment. (d) The policy shall inform employees that complaints will be investigated thoroughly and promptly and shall provide tbat employees who violate the policy arc subject to discipline up 10 and including discharge. (e) Defendants shall fOlward a copy orthc Policy to the EEOC within thirty (30)
6

business day~ after entry of this Decree. Thi.s Paragraph does not me,111 that EEOC or the Court approves of Defendants' anti-dj~crimination or anti-harassment policy.
13. Defendants shall post a copy of the Policy in English and Spanish on the hulletin boards customarily used for posting notices from management to employees.
TRA1~ING
14. Within ninety (90) days of entty of this Decree, Robert Hill, Sr., Jeny Horton and any other person with power to hire, tctminate or discipline on hehalf of Dcfend,mts shall receive training by a trainer paid for by Defendants regarding race and national origin discrimination, including' enforcement afthe Policy implemented pursuant to Paragraph 12 "hove.
15. Defendants shall obtain the EEOC's approval of the proposed trainer prior to the training session. Defendants shall submit the name, address, telephone numher, reSUTlle and training proposal ofthe proposed trainer to the EEOC at least fifteen (15) days prior to the proposed date(s) of the training. The EEOC shall have five (5) calendar days Ii'om the date of receipt of the itlfonnation described ahove to accept or reject the proposed trainer. Ifthe parties cannot through this process agree on a trainer, then they Tllay seek the Court's assistance under Paragraph 18.
16. Defendants sh"l1 certi Iy to the EEOC in writing within fifteen (15) business days ,liter
the training has occuned that the training has taken place and that the required personnel have attended. Such certification shall incl ude: (i) the date, location and duration of the training; and (ii) the name and position of each person in attendance.
D15iPUTE.RESOLUTION 17. If any party to this Decree believes that another party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-
7

c()mpliance in writing and shall alTord the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining porty that the alleged non-complying parly has complied. Ifthc alleged non-complying party has not remedied the alleged non-compliance or sutistled the complaining party that it has complied within ten (10) business days, the complaining party may apply (0 the Court for appropriate relief.
DURATION OF THJi DECREF AND RE1JlNTTOlJ,OF Jt)RTSDlCTlO!,)
18. All provisions of this Decree shall be in effect (and the COUlt will retain jurisdiction to enforce this Decree) for a period of eighteen months immediately following entry ofthe Decree,' provided, however, that if, at the end of the eighteen month period, any disputes under Paragraph 18, above, remain unresolved, the tem] of the Decree shall be automatically extended (and the COllrt will retain jurisdiction of this matter to enforce the Decree) until all such disputes have been resolved_
MI~CEILANEOUS f>RO,yISTONS 19. Each party to this Decree and each individual claimant for whom the EEOC seeks relief shall bear its (his) own expenses, costs, and attomeys' fees. Each claim,mt shall be rcsp()IJsible for any taxes that he may owe on the settlement amount paid to him_ This Consent Decree shall. not be construed to render the EEOC or any of the named claimants in the above-captioned action as a "prevailing party" within thc meaning oflhe Civil Rights Act of 1964, as amended, 42 U.S.C. §2000 <;<\ seq., or tinder any law, statute or ordinance allowing attorneys' fees and/or cosh; to a party who "prevails" in any manner or sense, nor shall this Agreement be deemed to constitute a ractor supporting an award of altomcys' fees and/or cOsts under any law, statute or ordinance. 20. The tetms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, as~igns, and successors o[Defendants in their capacities
8

"
as representatives, agents, directors and officers of each DelCndant, and not in their indivi(lual capacities, except that paragraph 6 in regard to monetary relief shan also be binding on Robert Hill Sr., and his estate, should he die without full payment having been made.
23. When this Decree requires the submission hy Defendants of repOlis, certifications, notices, or other materials to the EEOC, they shall be mailed to Gordon Waldron, EqlWI Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Defendants, it shan he mailed to Robert Hill, Sr., United Fence Company, 722 West 49'h Place, Chicago, lllinois 60609 and Ted
Kavooras, Kavooras and BOllZios, p.e., 801 West Burlington Avenue, Westem Springs, lIlinois
60558. When this Decree requires the submission by claimants of releases tn Defendants, those releases shall he mailed toKen Barrish,LitchfleldCavo, 303 West Madison Street, Suite 300, Chicago, IUinoi~ 60606.
9

\

ENTER

~ L' .._-_.

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(tI1tl:],'l/1,,,

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h

·

:.,

For Defendants "

ERlC S. DREIBAND, GENERAL COUNSEL JAMES L. LEE, DEPUTY GENERAL COUNSEL

Ken Barrish, Litchfield Cava 303 W. Madison, Su~~00Chicags-!L-60(~9P-3309
vM:. :r.t- J~I_.--/~

GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL

For United Fence Corporation
/r- ~Ro-bekrt:-\:l-illJ. S}r, ;,;fl

Aorwor.M,;~,T~c.

.-

Robert Hill Sr.

\
" '''.".

h. _J_ .,~","J

I ofrv>-..

S"nior Trial Attorney Equal employment 0ppOliunity
Commission 500 West Madison Street Suite 2800 Chicago, III inoi s 60661 (312) 353-7568

Date:

10

•

EXUlBIT A

I,____ .___

RELEASE AGREEMENT , for and \l1 consideration of the sum of $ _____ pay~lh1c to me

pursuant to the terms of the Consent Decree entered by the Court in EEOC S.t at. v. Ul).ited Fem:,>,

,~onnpany....and Wor:.Mac, Inli_", No_ 02 C 6589 (N.D_ Ill.), on behalf of myself, my heirs, assigns,

executors, and agents, do hereby forever release, waive, remise, acquit, and discharge United Fence

Conlpuny and War-Mac, Inc. and all past <Iud present sharehold(,'rs, officers, agents, employees, and

representatives of them, as well as all SLlcccssors and assignees o[them, from any and all claims and'
va causes of action of any kind which I now have or ever have had under Title ,,('the Civil Rights

Act of 1964, as amended, 42 U.S_C § 2000c 0;1 @_, as a result of or adsing £i-om the slIbject matkr

and claims which were or which could h,we been asserted in EEO!::.~,,_et at v. LlPited Fcn~e Cornp:!IlY

~\ld Wor-tv\.;>c, Inc., No. 02 C 6589 (N.D. lll.)_ I agree to pay any ,111d all taxes that 1may owe on this

amount, inclnding my share of FICA.

--_._--
Date
When signed, this release shall be mailed to: Ken Barrish Li tchficld Cavo 303 West Madison, Suite 300 Chicago, Illinois 60606

11

EXlUBIT B NonCE TO ALL UNITED FENCE COMPANY AND WaR-MAC, INC. EMPLOYEES
(INCLUDING TEMPORARY EMPLOYEES) This Notice is being posted pursuant to a Consent Decree entered by the federal court

resolving a lawsuit filed by the EqLml Employment Opportunity Commission ("EEOC").

To resolve the case, Defendants and the EEOC have entered into a Consent Decree (without

any admission (If liability by Defendants and without any waiver of c1aillls by the EEOC) which

provides for monetary relief and also provides that:

1) Defendants will not require employees (including temporary employees) to speak

English lunch or breaks, nor during work hours without a business necessity as

defined by case hlW under Title Vll, and will not foster or tolerate harassment on the

basis of national origin or race, or otherwise unlawfully discriminate against any'

employee on the basis ofmttional origin of race;

2) Defendants will not retaliate against any person because (s)he oppo~cd any practice

made unlawful by Title VII, filed a Tit.le Vll charge of discrimination, participated

in any Title VII proceeding, or asserted any rights under the Consent Decree;

3) Defendants will adopt and distrihute to all employees a policy against unlawfi.l!

national origin and race discriminalion and will twin all its managers regarding

nnlawful national origin ami race discrimination, and its policy;

4) Defendants shall not discriminate on the basis of race or national origin in regard to

the payment of wages, salary or other compensation.

The EEOC ctlforces the federal laws against di~criminatiol\ in employment on the hasis of

race, color, religion, national origin, sex, age or disability. If you believe you have heen

discriminated against, you may follow the complaint procedure in Defendants' non-discrimination

and anti-harassment policy and you \llay contact the EEOC at (312) 353-2713. The EEOC charges

no fees and has employees who speak languages other than English.

THIS IS AN OFFlCIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for eighteen months from the d!lte below and must not

be altered, defaced or covered by any other material. Any questions about this Notice

;:::'00. ,"00, ILIL6" or compliance with its terms may be directed to: United Fen Settlement, EEOC, 500

t;kJ.

St,,,, Snit' Ch; "

-L~(!=:'=t~",--=

Date

C'_...-/

12

 
 IN THE UNITED STATES DISTRICTCOURT, FOR THE NORTHERN DISTRICT OF ILLI~.QIS,
EASTER_N DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO. SEp 2 7 ZOO?

UNI.TED FENCE COMPANY, and WOR-MAIL INC.
Defendants.

COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, a.s amended, 42
U.S.C. § 2000e et sc~ ("Title VII"), and Title l of the Civil Rights Act of 1991, 42 U.S.C.
§ 1981a, to correct unlawful employment practices on the basis of national origin and race to provide appropriate relief to Daniel Diaz, Robcrto Gonzalez, Jesas MonrcaI and a class of Hispanic employees who were adversely affected by such practices, and to James Jackson and a class of Black employees who were adversely att?cted by such practices.
JURISDICTION AND VENUE 1. This action is brought by the United States Equal Employlnent Opportunity Commission to enibrce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 2. This action is authorized and instituted pursuant to § 706(f)(1), § 706(f)(3), and § 707(a) through (c) of Title VII, 42 U.S.C. §2000e-5(f)(l) §2000e-5(f)(3), and §2000e6(a) through (c). 3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451,1331,

Jl

2
1337, 1343, 1345, 42 IJ.S.C. §§ 2000e-5(f)(3), 2000e-6(a-c), and. § 102 of the Civil Rights Act of 1991., 42 U.S.C. § 1981A.
4. The unlawful acts alleged below were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 5. Plaintiff, Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by § 706(0(1), § 707(a) aad §707(c) of Title VII, 42 U.S.C. §2000e5(t)(1), §2000e-6(a), and §2000e-6(c). 6. At all relevant times, Defendant Wor-Mac, Inc. has continuously been a corporation doing bt~siness in Cook County, Illinois. 7. At all relevant times, Wor-Mac, Inc. has continuously had at least fifteen (15) employccs, 8. At all relevant times, Wor-Mac, Inc. 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. §§ 2000c(b), (g) and (11). 9. At all relevant times, Defendant United Fence Company has continuously been a corporation doing business in Cook County, Illinois. 10, At all relevam times, United Fence Company has continuously had at least fifteen (15) employees. 11. At all relevant times, United Fence Company 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 (tl). 12. At all relevant times Wor-Mac, Inc. and United Fence Company have acted as a single or j oint empl.oycr,

-3STATEMENT OF CLAIMS 13. On January 11, 1999, more than thirty (30) days prior to file institution of this lawsuit, Daniel Diaz filed a charge of discrimination with the Commission alleging violations of Title VII by United Fen.co Company. 14. On April 16, 2002, the EEOC issued a Letter of Detenrfination to Wor-Mac, Inc. and United Fence Company finding that Respondents had discriminated against Hispanic employees as a class, and against African-American employees as class. 15. Pursuant to 42 U.S.C. § 2000e-5(f)(1), EEOC’s representatives attempted to eliminate the unlawful employlnent practices alleged below and to effect voluntary compliancc with Title VII prior to institution of this lawsuit bttt EEOC was unable to secure an acceptable conciliation agreement. 16. All conditions precedent to the institution of this lawsuit have been fulfilled. 17. From at least Janum’y l, 1998 until the present, Defendants have engaged in a pattern and practice of national origin discrimination against Hispanic employees in continuing violation of §703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These unlawful employment practices include, but are not limited to: (a) requiring Daniel Diaz, Roberto Gonzalez, Jesus Monrcal and a class of Hispanic employees to speak only En.glish during working hours; (b) harassing, verbally reprimanding and threatening to terminate Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees when they spoke Spanish; (c) subjcctlng Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees to harassment and a hostile work environment based on thcir national origin; (d) paying Hispanic employecs less than non Hispanic employees who performed substantially the same work;

-4-
(e) failing to take prompt and appropriate corrective action in response to complaints or other notice of discrimination on the basis of Hispanic national origin;
(f) causing a class of employees to resign their employment because of continued disparate treatment on the basis of their Hispanic national origin, thus constructively discharging them.
18. The result of the practices complained of in paragraph 17 has been to deprive Daniel Diaz, Robcrto Gonzalez, Jesus Monrcal and other Hispanic employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin.
19. From at least January 1, 1998 until the present, Defendants have engaged in a pattern and practice of race discrimination against African-American employees in continuing violation of §703(a) of Title VII, 42 U.S.C. § 2000c-2(a). These unlawful employment practices include, but are not limited to:
(a) subjecting James Jackson and a class of African-American employees to harassment and a hostile work environment based on their race;
(b) failing to take prompt and appropriate corrective action in response to complaints or other notice of discrimination on the basis of their race;
(c) causing a class of employees to resign flaeir employment because of continued disparate trea.tment on the basis of their race, thus constructively discharging them,
20. The result of the practices complained of in paragraph 19 has been to deprive James Jackson and other African-American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
21. The unlawful employment practices complained of above were and are intentional.
22. The unlawft~l employment practices complained of in paragraph 17 were done

-5with malice or with reckless indifference to the federally protected rights of Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees.
23. The unlawful employment practices complained of in paragraph 19 were done with malice or with reckless indifference to the federally protected rights of James Jackson and a class of Africml American employees.
PRAYER FOR I~2LIEF WHEREFORE, the Coml~ission requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of national origin or race; B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of national origin or race, and which eradicate the effects of its unlawful employment practices; C. Order Dcfcndants to make whole Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees constructively discharged by the unlawful practices alleged above, and James Jackson and a class of African American employees constructively discharged by the unlawful practices alleged above, by providing appropriate back pay with prejudgment interest, in amounts to bc determined at trial, and other affirmative tel necessary to eradicate the effects of the unlawful employment practices, including but not limited to rightful place reinstatement to those employees who were constructively discharged in violation of Title VII; D. Order Defendants to make whole Daniel Diaz, Roberto GonzaIez, Jesus Monreal and a class of Hispanic employees adversely affected by the unlawful employment practices alleged above, and James Jackson and a class of African American employees adversely affected by the unlawful practices alleged above, and who were

-6constructively discharged, by providing compensation for past mad future pecuniary losses resulting from those unlawful employment practices, in amounts to be determi ned at trial;
E. Order Defendants to make whole Daniel Diaz, Roberto Gonzalcz, Jesus Monrcal and a class of Hispanic employees adversely affected by the unlawful employment practices alleged above, and James Jackson and a class of African American employees adversely affected by the unlawful practices alleged above, by providing compensation for past and future non-pecuniary losses resulting from those unlawfill employment practices including emotional pain, humiliation, and inconvenience in amounts to be determined a.t trial;
F. Order Defendants to pay punitive damages for their malicious and reckless conduct described in paragraphs 17, 19, 22 and 23 above, in amounts to be determined at trial;
G. Prohibit Defendants from discriminating against any individual fbr engaging in protected activity under Title VII of the Civil Rights Act of 1964, or for opposing practices made unlawful by Title VII, or for participating in this law suit;
H. Grant such further relief as this Court deems necessary and proper in the public interest; and
I. Award the Commission its costs in this action.

-7-
JURY TRIAL DEMAND The Commission requests a jury trial on all qucstions of fact raised by the C, omplaint. DATED this 12th day of September, 2002.
Respectfully submitted, Nicholas M. Ii~eo Actiag Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

Equal Employment Opportunity

Commission

/

1.801 " " SI.~g~W/

07

[

1-qegionIfl Attorney

-"
Gordon Waldron Senior T6al Attorney

D:\Myliles\UnitedFence\complaint, wpd

Ann Henry Trial Attoro.ey
Equal Employment Opportunity Commission
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7525

Civil Cover Sheet

http:ttwww,ltnd,uscourts,gov/PUBLIC/Fonns/aulo_js44.cf~

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

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Civil Cover Sheet .........

U.~. 31’:: t i.,!~’; i’"

This automated JS-44 confo~s generally to the n~mml JS-44 approved by ~e Judicial Con f~cncc of the l~nitcd States in September 1974, The data is required for the use of the Clerk of Com~ ~hr thc pu~osc of initiating ~e civil docket sheet, The i~or~tion contained herein neither replaces nor supplements the filing ~d service of pleadings or other p~ers as required by

Plaintiff(s): U.S, Equal Employment Opportunity Commission

Defendant(s):United Fence Company and WOR-MAC, Inc.

County of Residence:

County of Residence: Cook

Plaintiffs Atty: Gordon Waldron

Defendant’s Arty:

U.S. Equal Employment

Opportunity Commission

500 W. Madison St., Suite 2800

Chicago, Illinois 60661

(312) 353-7525

Jonathan T. Gcorgis Thomas Georgis and Associates 11020 S. Roberts Road Palos Hills, IL 60465 (708) 974-4700

II. Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

111. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:N- /A Del~ndant:-N/A

IV. Origin :

1. Original Proceeding

V. Nature of Suit:

442 Employment

02C 6589
JUDGE JOHN W

Vl.Cause o f Action:

Title VII of the Civil Rights Act of 1964, as amneded, 42 U.S.C. §2000

et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42

U.S.C. §1981a, to correct unlawful employment practices on the basis

of national origin,~ ~z’~ ra ce,

VII. Requested in Complaint

Class Action:

Dollar Dcmand:

Jury Demand: Yes

VIII, This case IS NOT a reliling ol.’a prcviously dismissed casc.

Signature:

9/16/02 12:12 PM

DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS ;: :!.:!i; -!":,

In the Matter of ..... ’ Pla~tiff,

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APPEARANCES ARE H~RE~Y FI~O 8Y ~E UNDERSIGNED ~ A~ORN~(S) FOR: " ’

U,S. ~1 ~lo~nt ~~i~y C~issi~, Pla~tiff

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~on Walden
~al ~_~ ~tunity C~ission 500 W. ~iq~n S~. Suite 2800 ._~ic.ago, ¯ Illinois 60661
(312) 353-752~ A~ ~. 02920646

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Ann H. H~
~i ~plo~9~.~rtunity C~ission
500 W. M~is~n ~f.. Suite ~ica~o, Ill~o~ 60661
_(312) 353~8558 A~ NO. 06272394
NO

~al ~lo~nt ~r~i~ C~issio~. ._.5Q0 W. ~ison St.. Suite 28001
Chicago, Ill~ois 60661
IDE~IFI~TION NUMBER ($~ ~£M 4 ON R~ERS~ --~ {
AR% No. 062~0804

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~al ~lo~nt ~rtunity C~issi~ ~0 W. ~ison St., Suite_~800 ~hicago, Illinois 60661
I~i~)~Tt~ NUMBER (SEE ~E&’~ ~ R~ER$~ .....
A~ No. 05187589

PLEASE COMPLETE IN ACCORDANCE WITH INSTRUCTIONS ON REVERSE,

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DMSIO.N

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

VD

)

)

UNITED FENCE COMPANY, and

)

WOR-MAC, INC.

)

)

Defendants.

)

)

Civil Action 02 C 6589 Judge Darrah ~ .’~ ~ Magistrate Judge D~niow~
JURY T~ DE~ ~

AMENDED COMPLAINT NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et se~ ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a, to correct unlawful employment practices on the basis of national origin and race to provide appropriate relief to Daniel Diaz, Roberto Gonzalez, Jesus Mom’eal and a class of Hispanic employees who were adversely affected by such practices, and to James Jackson and a class of Black employees who were adversely affected by such practices.
JURISDICTION AND VENUE 1. This action is brought by the United States Equal Employment Opportunity Commission to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 2. This action is authorized and instituted pursuant to § 706(0(1), § 706(0(3), and § 707(a) through (c) of Title VII, 42 U.S.C. §2000e-5(f)(1) §2000e-5(f)(3), and §2000e6(a) through (e). 3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451, 1331,

-2-
1337, 1343, 1345, 42 U.S.C. §§ 2000e-5(f)(3), 2000e-6(a-c), and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
4. The unlawful acts alleged below were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 5. Plaintiff, Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by § 706(f)(1), § 707(a) and §707(c) of Title VII, 42 U.S.C. §2000e5(f)(1), §2000e-6(a), and §2000e-6(c). 6. At all relevant times, Defendant Wor-Mac, Inc. has continuously been a corporation doing business in Cook County, Illinois. 7. At all relevant times, Wor-Mac, Inc. has continuously had at least fifteen (15) employees. 8. At all relevant times, Wor-Mae, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and 0a) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and 9. At all relevant times, Defendant United Fence Company has continuously been a corporation doing business in Cook County, Illinois. 10. At all relevant times, United Fence Company has continuously had at least fifteen (15) employees. 11. At all relevant times, United Fence Company 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. §§ 2000e0a), (g) and (h). 12. At all relevant times Wor-Mac, Inc. and United Fence Company have acted as a single or joint employer.

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STATEMENT OF CLAIMS 13. On January 11, 1999, more than thirty (30) days prior to the institution of this lawsuit, Daniel Diaz filed a charge of discrimination with the Commission alleging violations of Title VII by United Fence Company. 14. On April 16, 2002, the EEOC issued a Letter of Determination to Wor-Mac, Inc. and United Fence Company finding that Respondents had discriminated against Hispanic employees as a class, and against African-American employees as class. 15. Pursuant to 42 U.S.C. § 2000e-5(0(1), EEOC’s representatives attempted to eliminate the unlawful employment practices alleged below and to ff¢ct voluntary compliance with Title VII prior to institution of this lawsuit but EEOC was unable to secure an acceptable conciliation agreement. 16. All conditions precedent to the institution of this lawsuit have been fulfilled. 17. From at least January 1, 1998 until the present, Defendants have engaged in a pattern and practice of national origin discrimination against Hispanic employees in continuing violation of §703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These unlawful employment practices include, but are not limited to: (a) requiring Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees to speak only English during working hours; (b) harassing, verbally reprimanding and threatening to terminate Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees when they spoke Spanish; (c) subjecting Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees to harassment and a hostile work environment based on their national origin; (d) paying Hispanic employees less than non Hispanic employees who performed substantially the same work;

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(e) failing to take prompt and appropriate corrective action in response to complaints or other notice of discrimination on the basis of Hispanic national origin;
(f) causing a class of employees to resign their employment because of continued disparate treatment on the basis of their Hispanic national origin, thus constructively discharging them.
18. The result of the practices complained of in paragraph 17 has been to deprive Daniel Diaz, Roberto Gonzalez, Jesus Monreal and other Hispanic employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin.
19. From at least January 1, 1998 until the present, Defendants have engaged in a pattern and practice of race discrimination against African-American employees in continuing violation of §703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These unlawful employment practices include, but are not limited to:
(a) subjecting James Jackson and a class of African-American employees to harassment and a hostile work environment based on their race;
(b) failing to take prompt and appropriate corrective action in response to complaints or other notice of discrimination on the basis of their race;
(c) causing a class of employees to resign their employment because of continued disparate treatment on the basis of their race, thus constructively discharging them.
20. The result of the practices complained of in paragraph 19 has been to deprive James Jackson and other African-American employees of equal employment opportunities and otherwise adversely affect their status as employees beeanse of their race.
21. The unlawful employment practices complained of above were and are intentional.
22. The unlawful employment practices complained of in paragraph 17 were done

-5with malice or with reckless indifference to the federally protected fights of Daniel Diaz, Roberto Gonzalez, Jesus Mortreal and a class of Hispanic employees.
23. The unlawful employment practices complained of in paragraph 19 were done with malice or with reckless indifference to the federally protected rights of James Jackson and a class of African American employees.
PRAYER FOR RELIEF WHEREFORE, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of national origin or race; B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of national origin or race, and which eradicate the effects of its unlawful employment practices; C. Order Defendants to make whole Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees constructively discharged by the unlawful practices alleged above, and James Jackson and a class of African American employees constructively discharged by the unlawful practices alleged above, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices, including but not limited to rightful place reinstatement to those employees who were constructively discharged in violation of Title VII; D. Order Defendants to make whole Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees adversely affected by the unlawful employment practices alleged above, and James Jackson and a class of African American employees adversely affected by the unlawful practices alleged above, and who were

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constructively discharged, by providing compensation for past and future pecuniary losses resulting from those unlawful employment practices, in mounts to be determined at trial;
E. Order Defendants to make whole Daniel Diaz, Roberto Gonzalez, Jesus Monreal and a class of Hispanic employees adversely affected by the unlawful employment practices alleged above, and James Jackson and a class of Afdcan American employees adversely affected by the unlawful practices alleged above, by providilag compensation for past and future non-pecuniary losses resulting from those unlawful employment practices including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
F. Order Defendants to pay punitive damages for their malicious and reckless conduct described in paragraphs 17, 19, 22 and 23 above, in amounts to be determined at trial;
G. Prohibit Defendants from discriminating against any individual for engaging in protected activity under Title VII of the Civil Rights Act of 1964, or for opposing practices made unlawful by Title VII, or for participating in this law suit;
H. Grant such further relief as this Court deems necessary and proper in the public interest; and
I. Award the Commission its costs in this action.

-7JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint. DATED this 12th day of September, 2002.
Respectfully submitted, Nicholas M. Inzeo Acting Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel Equal Employment Opporttmity Commission 1801 "L" Street, N.W. Washington, D.C. 20507
;~upervl~ry Into Attorney
Gordon Waldron Senior Trial Attorney
Ann Henry ’ ~,~___~ Trial Attorney Equal Employment Opportunity
Commission 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7525 D:LMyfiles\UnitedFence\complaintAmended.wpd

 
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DENLOW, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-06589

EEOC v. United Fence Co, et al Assigned to: Hon. John W. Darrah Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/16/2002 Date Terminated: 12/19/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ann M Henry Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-8558 Email: ann.henry@eeoc.gov ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission

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V. Defendant United Fence Company

500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
represented by Patrick V. Melfi Connelly, Sheehan & Moran 150 South Wacker Drive Suite 1600 Chicago, IL 60606 (312) 372-1969 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie A. Durkin Litchfield Cavo 303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677 Email: durkin@litchfieldcavo.com ATTORNEY TO BE NOTICED
Erin Dougherty Foley Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 460-5504 Fax: (312) 460-7504 Email: edfoley@seyfarth.com ATTORNEY TO BE NOTICED
George P. Smyrniotis Litchfield Cavo 303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677 ATTORNEY TO BE NOTICED
Hope G. Nightingale Litchfield Cavo

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Defendant Wor-Mar, Inc.

303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677 Email: nightingale@litchfieldcavo.com ATTORNEY TO BE NOTICED
Jonathan Ethan Barrish Litchfield Cavo 303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677
Jonathan Thomas Georgis Thomas J. Georgis & Associates, Ltd. 11020 South Roberts Road Palos Hills, IL 60465 (708) 974-4700 ATTORNEY TO BE NOTICED
Kenneth J. Barrish Litchfield Cavo 303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677
Michael J Heinle Litchfield Cavo 303 West Madison Street Suite 300 Chicago, IL 60606 (312) 781-6677
represented by Patrick V. Melfi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie A. Durkin (See above for address) ATTORNEY TO BE NOTICED
Erin Dougherty Foley (See above for address) ATTORNEY TO BE NOTICED

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George P. Smyrniotis (See above for address) ATTORNEY TO BE NOTICED
Hope G. Nightingale (See above for address) ATTORNEY TO BE NOTICED
Jonathan Ethan Barrish (See above for address)
Jonathan Thomas Georgis (See above for address) ATTORNEY TO BE NOTICED
Kenneth J. Barrish (See above for address)
Michael J Heinle (See above for address)

Date Filed 09/16/2002
09/19/2002 09/30/2002 10/01/2002
10/01/2002 10/01/2002 11/14/2002 11/14/2002 01/16/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Gordon G. Waldron, Ann M. Henry, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 09/17/2002)
SCHEDULE set on 9/19/02 by Hon. John W. Darrah : Status hearing set to 9:00 11/14/02 . Mailed notice (wah) (Entered: 09/19/2002)
2 AMENDED COMPLAINT [1-1] by plaintiff; jury demand. (ntf) (Entered: 10/01/2002)
SUMMONS issued two original and two copies as to defendants, and mailed to Gordon C. Waldron, plaintiff's attorney. (ntf) Modified on 10/01/2002 (Entered: 10/01/2002)
3 ATTORNEY APPEARANCE for defendants by Patrick V. Melfi, Erin Dougherty Foley, Jonathan Thomas Georgis (cdy) (Entered: 10/02/2002)
4 WAIVER of service of summons as to defendants sent on 9/16/02 (cdy) (Entered: 10/02/2002)
SCHEDULE set on 11/14/02 by Hon. John W. Darrah : Status hearing held and continued to 9:00 1/16/03 . Mailed notice (ldg) (Entered: 11/14/2002)
5 ANSWER by defendants to amended complaint [2-1]. (fce) (Entered: 11/15/2002)
SCHEDULE set on 1/16/03 by Hon. John W. Darrah : Status hearing held. Discovery ordered closed on 9/30/03 . Pretrial conference set to 11:30 2/18/04.

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04/24/2003 04/30/2003
05/08/2003 05/08/2003 05/12/2003 05/12/2003 05/14/2003
07/01/2003 07/09/2003 08/13/2003 09/16/2003 09/16/2003 09/23/2003

Jury trial set to 10:00 3/8/04 . Mailed notice (ldg) (Entered: 01/20/2003)
6 MOTION by United Fence Co and Wor-Mar, Inc. to substitute attorney ; Notice. (gcy) (Entered: 05/01/2003)
7 MINUTE ORDER of 4/30/03 by Hon. John W. Darrah: Defendant's motion for substitution of attorneys is granted [6-1]. Appearance on behalf of the firm of Connelly Sheehan Moran is withdrawn and the firm of Litchfield Cavo is granted leave to substitute on behalf of defendants. Status hearing is set for 07/01/03 at 9:00 a.m. Status hearing is set for 07/01/03 at 9:00 a.m.. Mailed notice (gcy) (Entered: 05/01/2003)
8 ATTORNEY APPEARANCE for defendants United Fence Company and Wor Mar Inc by Hope G. Nightingale, Kenneth J. Barrish, Michael J. Heinle. (cem) (Entered: 05/09/2003)
10 MOTION by defendants for an extension of time to file their response to plaintiff's second requests for admissions and third request for production of documents (Attachments) ; Notice (ntf) (Entered: 05/15/2003)
9 OPPOSITION by plaintiff EEOC to defendants' motion to extend time to respond to discovery (Attachments); Notice of filing (eav) (Entered: 05/13/2003)
11 MOTION by plaintiff to compel deposition of William Heffernan ; Notice (ntf) (Entered: 05/15/2003)
12 MINUTE ORDER of 5/14/03 by Hon. John W. Darrah : EEOC's motion to compel deposition of William Heffernan [11-1] is granted. Deposition of William Heffernan to be completed on or before 05/28/03. Defendants, United Fence Company and Wor-Mac, Inc's motion for an extension of time to file their response to plaintiff's second requests for admissions and third for production of documents is granted to and including 06/06/03 [10-1]. Mailed notice (ntf) (Entered: 05/15/2003)
SCHEDULE set on 7/1/03 by Hon. John W. Darrah : Status hearing held and continued to 9:00 7/9/03 . Mailed notice (ldg) (Entered: 07/02/2003)
SCHEDULE set on 7/9/03 by Hon. John W. Darrah : Status hearing held and continued to 9:00 8/13/03 . Mailed notice (ldg) (Entered: 07/09/2003)
SCHEDULE set on 8/13/03 by Hon. John W. Darrah : Status hearing held and continued to 9:00 9/23/03 . Mailed notice (ldg) (Entered: 08/17/2003)
13 MOTION by plaintiff to extend discovery closing deadline and to compel deposition of William Heffernan ; Notice. (cem) (Entered: 09/24/2003)
14 MOTION by plaintiff to compel production of documents (Attachment); Notice. (cem) (Entered: 09/24/2003)
15 MINUTE ORDER of 9/23/03 by Hon. John W. Darrah : Status hearing held. Plaintiff's motion to extend discovery closing [13-1] and compel deposition of William Heffernan [13-2] is granted. Discovery extended to 1/15/04. All other previously set dates by the Court to stand. Mailed notice (cem) (Entered: 09/24/2003)

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11/05/2003 11/10/2003 11/12/2003 11/20/2003 11/20/2003
11/20/2003
11/21/2003 12/04/2003 12/19/2003
12/22/2003

16 MOTION by plaintiff for sanctions for failure to produce records related to temporary employees (Attachment); Notice (hp) (Entered: 11/12/2003)
17 MINUTE ORDER of 11/10/03 by Hon. John W. Darrah : Plaintiff's motion for sanctions is withdrawn. [16-1] Mailed notice (hp) (Entered: 11/12/2003)
19 MOTION by plaintiff to compel depositions of Mildred Hill and Pedro Felix Leyva (Attachment); Notice. (cem) (Entered: 11/21/2003)
18 REFERRAL ORDER: Case referred to Hon. Morton Denlow for a settlement conference . Mailed notice. (maf) (Entered: 11/20/2003)
SCHEDULE set on 11/20/03 by Hon. Morton Denlow : Settlement conference set for 2:00 12/8/03 in chambers, Room 1356. Parties are to comply with the enclosed standing order. Failure to comply with the provisions of the Court's Standing Order Setting Settlement Conference may result in the unilateral cancellation of the settlement conference by the Court. Because of the volume of settlement conferences conducted by Judge Denlow, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (dmk) (Entered: 11/20/2003)
20 MINUTE ORDER of 11/20/03 by Hon. John W. Darrah : Plaintiff's motion to compel depositions of Mildred Hill and Pedro Felix Leyva is granted [19-1]. Defendant to produce witnesses by 12/19/03. This case is referred to Magistrate Judge Denlow for a settlement conference. Mailed notice (cem) (Entered: 11/21/2003)
21 ATTORNEY APPEARANCE for defendants by George P. Smyrniotis, Jonathan Ethan Barrish, Carrie A. Durkin; Notice. (hp) (Entered: 11/24/2003)
SCHEDULE set on 12/4/03 by Hon. Morton Denlow : Settlement conference reset for 2:00 1/8/04 on request of the parties. Settlement conference set for 12/8/03 is stricken. Mailed notice (dmk) (Entered: 12/04/2003)
22 MINUTE ORDER of 12/19/03 by Hon. John W. Darrah: For the reasons stated in the attached consent decree by the parties, this decree fully and finally resolves any and all issues and claims arising out of the complaint filed by the EEOC. Case closed. Any pending dates or motions are terminated as moot. (Entered consent decree.) terminating case Mailed notice (rmm) (Entered: 12/22/2003)
23 MINUTE ORDER of 12/22/03 by Hon. Morton Denlow: Consent Decree having been entered by Judge Darrah, all matters relating to the referral of this action having been resolved, the case is turned to the assigned judge. Settlement conference set for 01/08/04 at 2:00 p.m. is stricken. Terminating the case referral to the Hon. Morton Denlow. Notices mailed by judge's staff (cdy) (Entered: 12/23/2003)

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