Case 3:00-cv-02124 Document 1

Filed 09/28/2000 Page 1 of 5
LS. uiS r ..{ICT COURT NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT CURT FOR THE NORTHERN DISTRICT OF T XAS

SEP t.. 8 2000

DALLAS DIVISION

CLERK, u.s. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY }

Bl ____~__- - - -__ Deputy

COMMISSION,

}

}

CIVIhACTION NO.

v.

Plaintiff,

} }

~-OOC
COMPLAINT

V2 1 2 4

-H

}

ASI MILLWORK, INC.,

}

(JURY DEMANDED)

}

}

Defendant.

}

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate reliefto Susan Grice, who was subj ected to a sexually hostile work environment, discriminated against because of her sex, and constructively discharged.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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) ofthe Civil Rights Act of 1964, as amended, ("Title VIlli), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Texas.

COMPLAINT

1

Case 3:00-cv-02124 Document 1 Filed 09/28/2000 Page 2 of 5

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized

to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a).

4. At all relevant times, Defendant, ASI Millwork, Inc., has continuously been and is

now doing business in the State of Texas and has continuously had at least fifteen employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce under Section 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, Susan Grice filed a

charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as

amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been

fulfilled.

7. During the employment of Susan Grice, the Defendant has engaged in unlawful

employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by

subjecting Ms. Grice to a sexually hostile work environment, discriminating against her because of

her sex, and constructively discharging her. Specifically, Defendant's President and Owner, George

Hoover, sexually harassed Ms. Grice during her employment with Defendant. The harassment

included verbal harassment as well as physical touching. The conduct was so severe as to cause

Susan Grice great humiliation and emotional distress, resulting in a material alteration ofthe terms

COMPLAINT

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Case 3:00-cv-02124 Document 1 Filed 09/28/2000 Page 3 of 5

and conditions of her employment and in the constructive discharge of Susan Grice. 8. The result of the foregoing practices has been to deprive Susan Grice of equal
employment opportunities because of her sex. 9. The unlawful employment practices complained of in paragraph 7 above were
intentional. 10. The unlawful employment practices complained ofin paragraph 7 above were done
with malice or with reckless indifference to the federally protected rights of Susan Grice.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in any employment

practice which discriminates on the basis ofsex, or which facilitates, condones or encourages sexual

harassment.

B. Order the Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities and a non-hostile work environment for females, and which

eradicate the effects of its past and present unlawful employment practices.

C. Order the Defendant to make whole Susan Grice by providing appropriate back pay

with prejudgment interest in amounts to be determined at trial, front pay, pecuniary losses,

compensatory damages including out-of-pocket expenses, and other affirmative reliefnecessary to

eradicate the effects ofits unlawful employment practices, including but not limited to rightful place

reinstatement for Ms. Grice.

COMPLAINT

3

Case 3:00-cv-02124 Document 1 Filed 09/28/2000 Page 4 of 5

D. Order the Defendant to make Susan Grice whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket medical expenses and job hunting expenses.
E. Order the Defendant to make Susan Grice whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Susan Grice punitive or exemplary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully submitted, C. GREGORY STEWART General Counsel Designate
-<:--" ~---="/'ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782

COMPLAINT

4

Case 3:00-cv-02124 Document 1 Filed 09/28/2000 Page 5 of 5
@J11~SUZANNE M. ANDERSON Senior Trial Attorney Texas Bar No. 14009470 E9l'~~) Sr. Tnal Atto ey Alabama State Bar No. MAl003
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331

COMPLAINT

5

 
 Case 3:00-cv-02124 Document 16 Filed 04/10/2001 Page 1 of 2

IN THE UNITED STATES DISTRICT COUR FOR THE NORTHERN DISTRICT OF TEXA
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITI )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ASI MILLWORK, INC.,

)

)

Defendant.

)

Civil Action No. 3:00,CV,2124,H

ORDER
Pursuant to the District Court's Order of Reference filed April 9, 2001, Defendant's Motion to Compel Discovery of Medical Records, filed April 6, 2001, has been referred to the undersigned Magistrate Judge for hearing, if necessary, and determination.
After a review of the motion, the undersigned is of the opinion, pursuant to the Dandi1 decision, that the parties have not fully conferred on the issues in dispute. Therefore, before a hearing will be scheduled, the parties are directed to meet face..to..face in an attempt to resolve this dispute. (The "face,to,face" requirement is not satisfied by a telephonic conference.)2 Any party failing or refusing to participate in this meeting will be subject to sanctions. After the parties have met, if there are any unresolveditems, the movant should contact the Court for a hearing date. On the other hand, should the parties resolve this dispute, the movant must submit a letter to the Court indicating that a hearing is not needed.
!Le
IDondiProperties Ccnp..... Commerce Sa...ings &' Loan Ass'n., 121 F.R.D. 284, 289 (N.D. Tex 1988). See the discussion regarding proper utilization of Local Rule 5.1 (a) now Local Rule 7.1 (a) .
20ut,of-town counsel must attend the face-to-face meeting absent permission from the Court.

Case 3:00-cv-02124 Document 16 Filed 04/10/2001 Page 2 of 2 This motion will be suspended until April 30, 2001. The movant must contact the Court no later than that date. If the motion is not resolved, a hearing will be scheduled immediately, and the non,movant's response will be due no later than two days prior to the hearing. All responses should be filed with the Clerk's Office and a file..stamped copy hand delivered to our office the same day. If the parties are agreeable, the hearing may be conducted via telephone conference call. If this alternative is agreed upon, both parties must appear by telephone, and it will be the responsibility of the moving party to confirm with Ms. Lisa Martin prior to the time of the hearing and place the conference call with the other parties. Should you need to contact the Court, please call (214) 753,2393. SO ORDERED, April ff./3.001.
2

 
 Case 3:00-cv-02124 Document 115

Filed 04/10/20N0O2RTuH.sPE.RaDNgISeDTI1RSIToCRfTI8CCOf OUFRTTEXAc; FILED

.

IN THE UNITED STATES DISTRICT O'fJRT AP~ 102002
FOR THE NORTHERN DISTRICT OF EXAS

DALLAS DIVISION

~U.s.DJSrJIJcr~

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

ASI MILLWORK, INC.,

}

}

}

Defendant.

}

Deputy
CIVIL ACTION NO. 3-00CV2124-H

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and ASI Millwork, Inc., in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint filed on September 28, 2000 ("Complaint"), in Civil Action No. 3-00-CV-2124-H. The Complaint is based upon a Charge of Discrimination filed by Charging Party Susie Grice against the Defendant employer. The above-referenced Complaint alleges that the Defendant ASI Millwork, Inc., violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Ms. Grice to a sexually hostile work environment, discriminating against her because of her sex, and constructively discharging her. The EEOC, Ms. Grice and the Defendant ASI Millwork, Inc. agree to compromise and settle the issues remaining after a jury rendered its verdict finding Defendant liable for sexual harassment, sexually hostile work environment and constructive discharge, and awarding compensatory and punitive damages. The parties intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is
Consent Decree
1
( (5

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 2 of 8
understood and agreed that this Consent Decree is in compromise of disputed claims, and that this Consent Decree shall not in any way be construed as an admission by ASI Millwork of a violation of any federal, state, or local statute, law or regulation, or a violation of any right of Grice or any other person.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No.310-98-2918. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charge.
2. ASI Millwork agrees that it shall conduct all employment practices in a manner which does not subject any employee to gender discrimination, including sexual harassment and retaliation under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991.
3. ASI Millwork agrees to post the Notice appended hereto as Attachment "A" on the employee bulletin board(s) at ASI Millwork facilities within ten (10) days after entry of Final Judgment. ASI Millwork will report to the EEOC that it has complied with this requirement within fourteen (14) days after posting the Notice.
4. ASI Millwork agrees to conduct training twice a year for all of its employees, owners and managers, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of sexual harassment and a sexually hostile work environment. The training shall be at least two hours in duration. ASI Millwork agrees to give written notice to the EEOC on June 1, 2002, December 1, 2002 and June 1, 2003 and December
Consent Decree
2

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 3 of 8

I, 2003 as t<> the date and location of the training, tht: list of emp10yees atten<iing, the name of

the person providing the training and the substance of the training.

S. ASI Millwork agrees to remove from all personnel files of Susie Grice all

documents, entries and references relating to: the facts and circumstances which led to the filing

of her charge of discrimination; the charge itself; and the complaints filed by the EEOC hi

federal court based upon her charge. Defendant shall send a report to the EEOC within ten (10)

days after expungement, describing the specific items expunged from Susie Grice's personnel

file, including copies of neutral references given. Defendant ASI Millwork, Inc. is entitled to

maintain the documents in its law file.

6.

ASI Millwork agrees to provide an employment reference for Susie Orice,

providing the dates of her employment, the last position' held and the last salary eamedJ her duties and that she is eligible for rehire.

7. ASI Millwork agrees that there shall be no discrimination or retaliation of any kind against any person involved in the referenced charge or litigation including Susie Grice

because of opposition to any practice declared unlawful under Title VII, or because of the filing of a charge; giving testimony or assistance or participating in any manner in any investigation,

proceeding or hearing under Title VII.

8. Defendant ASI Millwork, Inc. agrees to distribute the notice attached as

Attachment A to each current and future employee, stating the following: "This is a copy of ASJ Millwork, Inc. 's policy against discrimination. ASI Millwork, Inc. reiterates its commitment to

providing a workplace free of discrimination of any kind. Please read the policy and keep a copy

for your records." Defendant AS! Millwork, Inc. agrees to distribute this policy to -each current employee within thirty days after the Consent Decree is entered. New empl<>yees will be liven a

copy of the notice upon hire. This procedure will remain in effect during the three year pendency of this Consent Decree. The "Notice" will remain posted in prominent and conspicuous locations
throughout-each of ASI Millwork, Inc. 's facilities .during the three year pendency of this Consent

Decree.

Consent Decree
3

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 4 of 8
9. Defendant ASI Millwork, Inc. agrees to pay Ms. Grice the amount of $ 85,000.00 to resolve all claims for all damages under the following payment schedule: $25,000 on May 1,2002; $10,000 on November 1,2002; $10,000 on May 1,2003; $10,000 on November 1,2003; $10,000 on May 1,2004; $10,000 on November 1,2004; and $10,000 on May 1,2005. Payment is deemed timely if it is postmarked on or before the date it is due. Ms. Grice will assume full responsibility to all state and federal taxing authorities for any tax consequences to Ms. Grice, if any, including interest, sanctions or penalties regarding income or other taxes, arising out of the payment to her of the consideration set forth above and further agrees to hold harmless ASI Millwork, Inc. for any such tax consequences.
10. The payments referenced in paragraph 9, above, shall be made by cashier's check made payable to Susie Grice as agreed by EEOC and the Defendant. The payment shall be sent to EEOC attorney Ronetta J. Francis, 207 S. Houston Street, Third Floor, Dallas, Texas 75202.
11. Defendant ASI Millwork, Inc. agrees to report to the EEOC within fourteen (14) days of entry of this Consent Decree regarding its compliance with the agreements set forth in paragraphs 3 through 10, above. ASI Millwork shall report to the EEOC regarding training as specifically outlined in paragraph No.5.
12. All reports to the EEOC required by this Decree shall be sent to Ronetta J. Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
13. If Defendant ASI Millwork, Inc. fails to tender payment or otherwise fails to timely comply with the terms of paragraphs 9-10, above, Defendant ASI Millwork, Inc. shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts from date of non-compliance; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
14. Neither the EEOC, Susie Grice nor Defendant ASI Millwork, Inc. shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an
Consent Decree
4

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 5 of 8
enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant ASI Millwork, Inc. fails to perform the promises and representations contained herein. The EEOC shall determine whether Defendant ASI Millwork, Inc. has complied with the terms of this Consent Decree and shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court.
15. The term of this Decree shall be for three (3) years. 16. The parties to this Consent Decree agree to bear their own attorney's fees associated with the above-referenced Complaint.

AGREED AS TO FORM AND SUBSTANCE:

91h Itprl.4 Signed this

day of

,2002.

FOR THE PLAINTIFF:

FOR THE DEFENDANT:

Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
~0lIld;bL~ RONHrrA J. FRANCIS Senior Trial Attorney Virginia Bar No. 39886
Consent Decree

Lawson & Fields, P.C. 5323 Spring Valley Road, Suite 300 Dallas, TX 75240 (972) 661-5323 (972) 661-5177 (FAX)
5

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 6 of 8 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street Third Floor Dallas, Texas 75202 Tel No. (214) 655-3334; Fax No. (214) 655-3331
Consent Decree
6

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 7 of 8

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dallas District Office

207 S. Houston Street, 3rd Floor

Dallas, TX 75202-4726 (214) 655-3355
TTY (214) 655-3363 FAX (214) 655-3443

NOTICE TO ALL EMPLOYEES

This NOTICE is being posted pursuant to a Conciliation Agreement between ASI MILLWORK, INC. and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). This NOTICE will be conspicuously posted for a period ofthree (3) years at this facility and in all places where employment notices are posted. It must not be altered, defaced, or covered by any other material.

POLICY: Discrimination of any kind can and often will detract from employees' job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lowers overall employee morale and productivity. It is the policy of ASI Millwork that gender discrimination in the form of sexual harassment and retaliation are unacceptable conduct and will not be condoned.

PURPOSE: It is the purpose of this policy to reaffirm and amplify the position of Title VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission's guidelines on gender discrimination and to reiterate ASI Millwork's policy on discrimination.

SCOPE: This policy extends to all employees of ASI MILLWORK both management, non-management, and temporary/probationary .

DEFINITION: Sexual harassment has been defined as follows: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect ofunreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subj ected to unsolicited and unwelcome sexual conduct, either verbal or physical.

Examples of behavior that may constitute sexual harassment include but are not limited to the following:

*

Hugging, grabbing or any type of unnecessary touching of another person.

*

Making unwelcome sexual advances.

*

Foul or obscene language ofa sexual nature, including jokes.

*

Requests for sexual favors whether in exchange for benefits or otherwise.

RESPONSIBILITY: Each manager and supervisor has a responsibility to maintain a workplace free of sexual harassment. Each level of management is responsible for ensuring that all personnel policies, procedure, and activities are in full compliance with applicable federal, state, and local equal employment laws, statutes, rules, and regulations regarding gender discrimination and harassment. Employees are expected to read, understand, and follow ASI Millwork's policies against discrimination. Managers and supervisors have the duty to discuss this policy with all employees and assure them that they are not to endure insulting, degrading, or exploitive
ATTACHMENT A

Case 3:00-cv-02124 Document 115 Filed 04/10/2002 Page 8 of 8
sexual treatment.
REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to gender discrimination is expected to report the alleged act as soon as possible to either that person's immediate supervisor, any supervisor or manager with ASI Millwork or to Ms. Robbyn P. Wysocki, LAWSON & FIELDS, P.C., 5323 Spring Valley Road, Suite 300, Dallas, Texas 75240 or by telephone at (972) 661-5323. Supervisors and mangers who are informed of an alleged incident of gender discrimination must immediately notify Ms. Robbyn P. Wysocki.
A person either alternatively, or in addition to reporting such an allegation to company officials, may contact the U.S. Equal Employment Opportunity Commission for the purposes of filing a charge of employment discrimination. The address and telephone number ofthe U.S. EEOC office is 207 S. Houston Street, Third Floor, Dallas, Texas 75202; (214) 655-3355. Information about your rights and how to file a charge is available on the Internet at www.eeoc.gov.
INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by the Human Resources Department. The investigation may include interview ofall employees and supervisors at the facility, the inspection of documents, including personnel records, and full inspection of the premIses.
PUNISHMENT FOR VIOLATION: Employees engaged in gender discrimination can expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have discriminated against another employee will be subject to appropriate sanctions, depending on the circumstances, from a written warning in his or her personnel file up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person has opposed what they believe to be unlawful employment practices; or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. ASI Millwork will not punish you for reporting gender discrimination simply because you have made a complaint under the above guidelines.
PROTECTION OF PRIVACY: The question of whether a particular action or incident constitutes gender discrimination requires a determination based on all available facts. ASI Millwork will therefore make a concerted effort to protect the privacy ofall personnel. Confidential information will be shared on a need-to-know basis to complete the investigation and to deal appropriately with he situation.
EXCEPTIONS: There are no exceptions to this policy.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF THREE YEARS.

 
 E.E.O. v. ASI Millwork, Inc., Not Reported in F.Supp.2d (2001)

2001 WL 1577520 Only the Westlaw citation is currently available. United States District Court, N.D. Texas, Dallas
Division.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
ASI MILLWORK, INC., Defendant.
No. 3:00–CV–2124–H. | Dec. 10, 2001.
Opinion
MEMORANDUM OPINION AND ORDER
SANDERS, Senior J.
*1 Before the Court are Plaintiff and Defendant’s separate Motions for Partial Summary Judgment, both filed October 9, 2001. The relevant Responses and Replies to these motions are also before the Court.
I. BACKGROUND Susie Grice began working for Defendant ASI Millwork, Inc. (“ASI”) in August 1993 as an office manager. In August 1995, Grice moved from the Dallas area to Martin’s Mills, yet remained employed by ASI. While employed by ASI, Grice’s supervisor was George Hoover, an ASI co-owner. Grice alleges that Hoover repeatedly sexually harassed her and made unwanted sexual advances. Grice further alleges that Hoover’s actions created a sexually hostile work environment. Plaintiff claims to have repeatedly told Hoover to stop his harassing conduct, and complained to others at ASI regarding Hoover’s conduct. Yet, Grice claims Hoover continued his harassing actions, and she alleges constructive discharge from her job at ASI in May 1998. At the time of her departure from ASI, Grice had been commuting from Martin’s Mills to ASI in Dallas for approximately three years. After Grice left ASI, it is undisputed that Hoover telephoned Grice to unconditionally offer Grice her job back. He assured Grice there would be no more offensive activity. Hoover also promised Grice two months of severance pay if any conduct she found offensive reoccurred. Grice refused Hoover’s offer. In the three years since leaving ASI, Grice has pursued no employment opportunities in the Dallas area. Grice has, however, pursued employment in East Texas, and has searched several East Texas papers

for employment opportunities.
The Equal Employment Opportunity Commission (“EEOC”), on behalf of Grice, brings this suit against ASI charging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e–2(a)(1). Specifically, the EEOC claims ASI maintained a sexually hostile work environment, discriminated against Grice based on her sex, and constructively discharged her as a result of the hostile work environment and their discriminatory practices. Both parties have moved for summary judgment on the issue of mitigation of damages. These motions are now ripe for disposition.
II. SUMMARY JUDGMENT STANDARD Summary judgment is appropriate where the facts and law as represented in the pleadings, affidavits and other summary judgment evidence show that no reasonable trier of fact could find for the nonmoving party as to any material fact. See FED. R. CIV. P. 56; Lujan v. National Wildlife Federation, 497 U.S. 871, 888 (1990); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 323–25 (1986); Innovative Database Sys. v. Morales, 990 F.2d 214 (5 th Cir.1993). “The moving party bears the initial burden of identifying those portions of the pleadings and discovery in the record that it believes demonstrate the absence of a genuine issue of material fact, but is not required to negate elements of the nonmoving party’s case.” Lynch Properties, Inc. v. Potomac Ins. Co. of Ill., 140 F.3d 622, 625 (5 th Cir.1998) (citing Celotex, 477 U.S. at 322–25).
*2 If the movant meets its burden, the nonmovant must go beyond the pleadings and designate specific facts showing that a genuine issue of material fact exists for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Edwards v. Your Credit, Inc., 148 F.3d 427, 431 (5 th Cir.1998). A party opposing summary judgment may not rest on mere conclusory allegations or denials in its pleadings unsupported by specific facts presented in affidavits opposing the motion for summary judgment. See FED. R. CIV. P. 56(e); Lujan, 497 U.S. at 888; Hightower v. Texas Hosp. Assn., 65 F.3d 443, 447 (5 th Cir.1995). In determining whether genuine issues of fact exist, “[f]actual controversies are construed in the light most favorable to the nonmovant, but only if both parties have introduced evidence showing that a controversy exists.” Lynch, 140 F.3d at 625; see also Eastman Kodak v. Image Technical Services, 504 U.S. 451 (1992). However, in the absence of any proof, the Court will not assume that the nonmoving party could or would prove the necessary facts. See Lynch, 140 F.3d at 625. “If the record, taken as a whole, could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Friou v. Phillips Petroleum Co., 948 F.2d
1

E.E.O. v. ASI Millwork, Inc., Not Reported in F.Supp.2d (2001)

972, 974 (5 th Cir.1991).
With these summary judgment standards in mind, the Court turns to the parties’ summary judgment motions.
III. ANALYSIS
A. Plaintiff’s Motion for Partial Summary Judgment Before reaching the EEOC’s motion for summary judgment, a brief discussion of the relevant mitigation standard is useful to the Court’s analysis. Successful Title VII plaintiffs have a corresponding statutory duty to mitigate their damages. See Sellers v. Delgado, 902 F.2d 1189, 1193 (5 th Cir.1990). In this case, Grice was required to use reasonable diligence to obtain substantially similar employment after she left ASI. See id. Yet, while the duty to mitigate rests with Grice, the burden of proving she failed to mitigate falls on ASI. See id. To satisfy this burden, ASI must demonstrate that (1) substantially equivalent work was available to Grice and (2) that she failed to exercise reasonable diligence to obtain it. See id. “Substantially equivalent employment” is that “employment which affords virtually identical promotional opportunities, compensation, job responsibilities, working conditions, and status as the position from which the Title VII claimant has been discriminatorily terminated.” Id. But, if ASI can demonstrate that Grice has not made reasonable efforts to obtain work, ASI is no longer required to demonstrate the availability of substantially similar employment. See id. The reasonableness of the Grice’s diligence “should be evaluated in light of [her] individual characteristics ... and the job market.” Id.

established that Grice has failed to mitigate as a matter of law. See U.S. Fleet Services v. City of Fort Worth, Tex., 141 F.Supp.2d 631, 637 n. 3 (N.D.Tex.2001) (explaining the role and propriety of a “[c]ross-motion for summary judgment”). The Court need not determine if ASI’s cross-motion for summary judgment is appropriate in this case because the Court finds that the summary judgment evidence raises material questions of fact as to whether ASI has demonstrated Grice failed to properly mitigate her damages. The conflicting nature of the evidence on this issue makes summary judgment for either party inappropriate. Accordingly, the EEOC’s motion for partial summary judgment is DENIED; any cross-motion by ASI on this issue is also DENIED.
B. Defendant’s Motion for Partial Summary Judgment *3 ASI argues that its unconditional offer to reinstate Grice immediately following her resignation mandates summary judgment on the issue of mitigation pursuant to the Supreme Court’s holding in Ford Motor Co. v. EEOC, 458 U.S. 219, 241 (1982). The Court disagrees. At this juncture, it appears to the Court that material questions of fact may remain on this issue making summary judgment inappropriate. Accordingly, ASI’s motion for summary judgment is DENIED.
III. CONCLUSION As material questions of fact remain on the issue of plaintiff’s mitigation of damages, parties’ motions for summary judgment on the issue are DENIED.

The EEOC moves for summary judgment arguing that ASI cannot demonstrate Grice failed to mitigate her damages as required by Title VII. In its Response to plaintiff’s motion, ASI asserts a cross-motion for summary judgment arguing that the EEOC’s motion

SO ORDERED.
	  

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ADR, BOYLE, CLOSED, JURY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:00-cv-02124

EEOC v. ASI Millwork Inc Assigned to: Judge Barefoot Sanders Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/28/2000 Date Terminated: 04/10/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Evelyn R Maiben Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/655-3300 Fax: 214/655-3331 FAX
Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov TERMINATED: 04/10/2001

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V. Defendant ASI Millwork Inc
Provider Allen Butler
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Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov
William C Backhaus Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov
represented by Deborah C Wakefield McCue-Pauley & Associates PC 14135 Midway Road Suite 250 Addison, TX 75001 972/490-0808 Fax: 972/490-9545 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robbyn P Wysocki Wysocki Legal Group PC 14785 Preston Rd Suite 550 Dallas, TX 75254 972/789-5132 Fax: 972/789-5133 Email: rwysocki@wysockilegal.com TERMINATED: 05/30/2003
represented by Allen Butler Hunton & Williams 1601 Bryan St
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30th Floor Dallas, TX 75201-3402 214/979-3004 Fax: 214/880-0011 FAX Email: abutler@hunton.com PRO SE
# Docket Text
1 COMPLAINT filed; (5) (alh) (Entered: 09/29/2000)
1 DEMAND for jury trial by plaintiff EEOC (5) (alh) (Entered: 09/29/2000)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (alh) (Entered: 09/29/2000)
2 SUMMONS(ES) issued for defendant ASI Millwork Inc (ISS-1) (alh) (Entered: 09/29/2000)
3 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (alh) (Entered: 10/11/2000)
4 RETURN OF SERVICE executed as to defendant ASI Millwork Inc by delivering to registered agent George A Hoover 10/20/00 Answer due on 11/9/00 for ASI Millwork Inc (1) (alh) (Entered: 10/31/2000)
5 ANSWER to Complaint by defendant ASI Millwork Inc (Attorney Robbyn Pelkey Wysocki), (3) (alh) (Entered: 11/13/2000)
6 STATUS REPORT ORDER shall be filed within 21 days of the date of this order. ( signed by Judge Sanders) Copies to counsel: 11/13/00 Page(s): 2 (lch) (Entered: 11/13/2000)
7 JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (3) (cxj) (Entered: 12/05/2000)
8 SCHEDULING ORDER setting Jury trial set for 1/7/02 ; Joining of Parties on 12:00 7/2/01 ; Amending of Pleadings on 12:00 7/2/01 ; Deadline for filing of dispositive motions 10/9/01 ; Discovery cutoff 10/9/01 ; Proposed pretrial order due 12:00 10/3/01 ; Pretrial materials due on 12:00 10/10/01 ( signed by Judge Sanders) Copies to counsel: 12/12/00 Page(s): 4 (cxj) (Entered: 12/12/2000)
8 STATUS REPORT ORDER. Joint Status report due on 12:00 3/5/01 ( signed by Judge Sanders) Copies to counsel: 12/12/00 Page(s): 4 (cxj) (Entered: 12/12/2000)
9 Initial Disclosures by defendant ASI Millwork Inc (11) (cxj) (Entered: 12/21/2000)
10 JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (2) (cxj) (Entered: 03/06/2001)
11 ORDER referring case to ADR; Allen Butler ADR provider; Type of ADR: Mediation Requested by: Court ( Signed by Senior Judge Barefoot Sanders )

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Copies to counsel: 03/06/01 Page(s): 2 (cxj) (Entered: 03/06/2001)
12 MOTION by defendant ASI Millwork Inc to compel discovery of medical records (7) (cxj) (Entered: 04/09/2001)
13 MEMORANDUM by defendant ASI Millwork Inc in support of [12-1] motion to compel discovery of medical records (15+) (cxj) (Entered: 04/09/2001)
14 APPENDIX by defendant ASI Millwork Inc in support of [12-1] motion to compel discovery of medical records (15+) (cxj) (Entered: 04/09/2001)
15 ORDER OF REFERENCE: [12-1] motion to compel discovery of medical records referred to Magistrate Judge Jane J. Boyle ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 04/09/01 Page(s): 1 (cxj) (Entered: 04/09/2001)
16 ORDER...re dft's motion to compel discovery of medical records...the parties are directed to meet face-to-face in an attempt to resolve the dispute; this motion will be suspended until 4/30/01 ( Signed by Magistrate Judge Jane J. Boyle ) Copies to counsel: 04/10/01 Page(s) 2 (cxj) (Entered: 04/10/2001)
17 NOTICE of attorney appearance and notice of substitution of counsel for plaintiff EEOC by Ronetta J Francis (2). (amy) (Entered: 04/11/2001)
18 Memorandum from the office of Magistrate Boyle...hrg will not be necessary on dft's mtn to compel filed 4/6/01...please administratively close the order of reference filed 4/9/01. (2) (jrb) (Entered: 05/15/2001)
19 ORDER...Counsel for the parties are hereby directed to confer and to file a joint status report by noon, July 27, 2001, regarding the status of settlement negotiations in this case. The Mediator is directed to file the required report set forth in the March 5 Order by noon, July 27, 2001. The case remains on set on the Court's January 2002 Trial docket. See order for specifics. status report due for 12:00 7/27/01 ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 7/16/01 Page(s) 1 (tem) (Entered: 07/16/2001)
20 JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (2) (dgt) (Entered: 07/23/2001)
21 Alternative Dispute Resolution Summary. Filed by ADR Provider Allen Butler . Attorneys in attendance Robbyn P Wysocki, Ronetta J Francis, Suzanne Michel Anderson . Prv Fee: $ 1700.00 Disposition: DNS (2) (dgt) (Entered: 07/24/2001)
22 Designation of Expert Witness by defendant ASI Millwork Inc (2) (dgt) (Entered: 08/28/2001)
23 ***UNFILED PER ORDER ENTERED 9/4/01***AMENDED ANSWER to Complaint by defendant ASI Millwork Inc : amends [5-1] answer. Document returned to counsel per order (tem) Modified on 09/10/2001 (Entered: 09/04/2001)
24 ***UNFILED PER ORDER ENTERED 9/4/01***RESPONSE/Opinion of Dr. Bernard L. Winstein in the matter of Equal Employment Opportunity Commission (15+). Document returned to counsel per order. (tem) Modified on 09/10/2001 (Entered: 09/04/2001)
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25 ORDER terminating [24-1] motion response/opinion document #24 due to the following deficiency: Document not in proper form. The Clerk is directed to unfile and return this document to the party who filed it. Copies to counsel: 9/4/01 (signed by Judge Barefoot Sanders ) Page(s) 1 (tem) Modified on 09/10/2001 (Entered: 09/04/2001)
26 ORDER...Accordingly, the Court Strikes both Defendant's First Amended Original Answer and the Letter from Ms. Wysocki to Ms. Francis. The Clerk of Court is directed to unfile both items and return to defendant's counsel. unfiling [23-1] answer by defendant ASI Millwork Inc due to the following. Copies to counsel: 9/4/01 (signed by Judge Barefoot Sanders ) Page(s) 1 (tem) Modified on 09/10/2001 (Entered: 09/04/2001)
27 UNOPPOSED MOTION by defendant ASI Millwork Inc to amend [5-1] answer (6) (exhibits not imaged) (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)
28 ORDER granting [27-1] motion to amend [5-1] answer. Ordered that Dft's First Amended Original Answer be and hereby is filed with the papers of this case ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 09.06.01 Page(s) 1 (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)
29 FIRST AMENDED ORIGINAL ANSWER to Complaint by defendant ASI Millwork Inc : amends [5-1] answer (3) (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)
30 MOTION by defendant ASI Millwork Inc to compel production of original audiotape for testing (6) (dgt) (Entered: 10/01/2001)
31 ORDER OF REFERENCE: Dft's [30-1] motion to compel production of original audiotape for testing referred to Magistrate Judge Jane J. Boyle for hearing, if necessary, and determination ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10.01.01 Page(s): 1 (dgt) (Entered: 10/01/2001)
32 ORDER setting hearing: Motion hearing set for 10:00 10/17/01 for [30-1] motion to compel production of original audiotape for testing Both sides, including any pro se parties, must attend the hearing. SEE ORDER FOR DETAILS ( Signed by Magistrate Judge Jane J. Boyle ) Copies to counsel: 10.3.01 Page(s): 2 (dgt) (Entered: 10/03/2001)
33 MOTION with memorandum in support by defendant ASI Millwork Inc for protective order (5) (tem) (Entered: 10/09/2001)
34 APPENDIX by defendant ASI Millwork Inc in support of [33-1] motion for protective order (15+) (Exhibits not imaged) (tem) (Entered: 10/09/2001)
35 MOTION with memorandum in support by plaintiff EEOC to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+) (Exhibits not imaged) (tem) (Entered: 10/09/2001)
36 MOTION by plaintiff EEOC for summary judgment (2) (tem) (Entered: 10/09/2001)
37 MEMORANDUM by plaintiff EEOC in support of [36-1] motion for summary judgment (14) (tem) (Entered: 10/09/2001)
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38 APPENDIX by plaintiff EEOC in support of [36-1] motion for summary judgment (15+) (Appendix not imaged) (tem) (Entered: 10/09/2001)
39 ORDER...Defendant is directed to file a Response no later than noon, 10/24/01. Plaintiff may file a Reply no later than noon, 11/5/01. Response to motion reset to 12:00 10/24/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D , Reply to Response to Motion reset to 12:00 11/5/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)
40 ORDER...Defendant is directed to file a Response no later than noon, October 29, 2001. Plaintiff may file a Reply no later than noon, November 13, 2001. Response to motion reset to 12:00 10/29/01 for [36-1] motion for summary judgment , Reply to Response to Motion reset to 12:00 11/13/01 for [36-1] motion for summary judgment ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)
41 MOTION by defendant ASI Millwork Inc for partial summary judgment (5) (tem) Modified on 10/10/2001 (Entered: 10/10/2001)
42 APPENDIX by defendant ASI Millwork Inc in support of [41-1] motion for partial summary judgment (15+) (Exhibits not imaged) (tem) (Entered: 10/10/2001)
43 ORDER...Plaintiff is directed to file a response. Defendant may file a reply. Response to motion reset to 12:00 10/29/01 for [41-1] motion for partial summary judgment , Reply to Response to Motion reset to 12:00 11/13/01 for [41-1] motion for partial summary judgment ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)
44 ORDER Motion hearing set for 8:30 10/18/01 for [33-1] motion for protective order , Response to motion reset to 12:00 10/17/01 for [33-1] motion for protective order See Order for specifics ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 10/12/01 Page(s) 2 (nmc) (Entered: 10/12/2001)
45 RESPONSE in opposition by plaintiff EEOC to [30-1] motion to compel production of original audiotape for testing (2) (nmc) (Entered: 10/16/2001)
46 MEMORANDUM by plaintiff EEOC in support of [45-1] motion response (15+) (nmc) (Entered: 10/16/2001)
47 RESPONSE in opposition by plaintiff EEOC to [33-1] motion for protective order (2) (nmc) (Entered: 10/18/2001)
48 MEMORANDUM by plaintiff EEOC in support of [47-1] motion response (13) (nmc) (Entered: 10/18/2001)
49 Memo from Judge Boyle's Chambers stating that the motion to compel is withdrawn and to administratively close the order of refernce (nmc) (Entered: 10/18/2001)
50 Revised AFFIDAVIT of Robbyn Wysocki Re: [41-1] motion for partial summary judgment (15+) (nmc) (Entered: 10/18/2001)
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51 Revised APPENDIX by defendant ASI Millwork Inc in support of [41-1] motion for partial summary judgment with page numbers (15+)(not imaged) (jyg) (Entered: 10/19/2001)
Motion hearing re: [33-1] motion for protective order Motion hearing held (mlh) Modified on 10/19/2001 (Entered: 10/19/2001)
52 Minute order: Motion hearing held before Magistrate Judge Jeff Kaplan Court Reporter: electronic (mlh) (Entered: 10/19/2001)
53 AGREED ORDER granting [33-1] defendant's motion for protective order. Ordered that defendant is protected from responding to plaintiff's requests for admissions and from providing entry upon land. ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 10.23.01 Page(s) 2 (aat) (Entered: 10/23/2001)
54 RESPONSE by defendant ASI Millwork Inc to [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+) (jyg) (Entered: 10/24/2001)
55 APPENDIX by defendant ASI Millwork Inc in support of [54-1] motion response (15+)(USC)(not imaged) (jyg) (Entered: 10/24/2001)
56 RESPONSE by plaintiff EEOC in opposition to [41-1] motion for partial summary judgment (2) (jyg) (Entered: 10/25/2001)
57 MEMORANDUM by plaintiff EEOC in support of [56-1] opposition response (10) (jyg) (Entered: 10/25/2001)
58 APPENDIX by plaintiff EEOC in support of [57-1] support memorandum to response in opposition to dft's motion for partial summary judgment (3) (jyg) (Entered: 10/25/2001)
59 RESPONSE and brief in support thereof by defendant ASI Millwork Inc to [36-1] motion for summary judgment (13) (jyg) (Entered: 10/29/2001)
59 MOTION by defendant ASI Millwork Inc to strike [58-1] support appendix summary judgment evidence and request for entry of order (13) (jyg) (Entered: 10/29/2001)
60 APPENDIX by defendant ASI Millwork Inc in support of [59-1] motion response, [59-1] motion to strike [58-1] support appendix summary judgment evidence and request for entry of order (15+)(USC)(not imaged) (jyg) (Entered: 10/29/2001)
61 REPLY by plaintiff EEOC to response to [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+)(exhibits not imaged) (jyg) (Entered: 11/06/2001)
62 REPLY by defendant ASI Millwork Inc to response to [41-1] motion for partial summary judgment (6) (mlh) (Entered: 11/14/2001)
63 REPLY by plaintiff EEOC to response to [36-1] motion for partial summary judgment and brief in support (9) (mlh) (Entered: 11/14/2001)
64 TRIAL BRIEF on the Issue of Mitigation by defendant ASI Millwork Inc (6) (jyg) (Entered: 12/03/2001)
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65 Requested charge and Proposed voir dire questions by defendant ASI Millwork Inc (15+) (jyg) (Entered: 12/03/2001)
66 TRIAL BRIEF by plaintiff EEOC (13) (jyg) (Entered: 12/03/2001)
67 Proposed issues and jury instructions/interrogatories by plaintiff EEOC (15+) (jyg) (Entered: 12/03/2001)
68 ORDER setting oral argument: Oral argument set for 2:00 12/10/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D Each side will be allowed 15 minutes and Plaintiff will open and close the argument ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.4.01 Page(s): 1 (dgt) (Entered: 12/04/2001)
69 JOINT PRETRIAL ORDER filed ( signed by Judge Sanders) Copies to counsel: 12.05.01 Page(s): 22 (aat) (Entered: 12/05/2001)
70 ORDER On 12/4/01, the Court signed the joint pretrial order submitted by the parties. The Court noted the 3-5 days trial time estimated by the parties and is of the opinion that the trial should not take more than 3 days. The case will be tried under time limits which will be set by the Court prior to trial. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.05.01 Page(s) 1 (aat) (Entered: 12/05/2001)
71 ORDER...A pretrial conference is scheduled for this case on Thursday 1/3/02 at 3:00 pm ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.5.01 Page(s) 1 (dgt) (Entered: 12/05/2001)
Deadline updated; set pretrial conference for 3:00 1/3/02 (dgt) (Entered: 12/05/2001)
72 ORDER Counsel are directed to prepare a joint exhibit list, joint list for designated deposition excerpts and objections, and joint report re: results of attempting to reach an agreement on all motions in limine no later than 12:00 12.19.01. See order for specifics. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.10.01 Page(s) 2 (aat) (Entered: 12/10/2001)
73 MEMORANDUM OPINION AND ORDER denying [36-1] plaintiff's motion for summary judgment, denying [41-1] defendant's motion for partial summary judgment. See order for specifics. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.10.01 Page(s): 5 (aat) (Entered: 12/10/2001)
74 Minute order: Oral argument on plaintiff's motion to exclude expert testimony of Bernard Weinstein, Ph.D. held before Senior Judge Barefoot Sanders. Court Reporter: Pam Wilson. (aat) (Entered: 12/11/2001)
75 MOTION with brief/memorandum in support by plaintiff EEOC in limine (Exhibit C not attached) (not imaged-duplicate) (15+) (dgt) Modified on 12/11/2001 (Entered: 12/11/2001)
76 MOTION with brief/memorandum in support by plaintiff EEOC in limine (15+) (exhibits not imaged) (dgt) Modified on 12/11/2001 (Entered: 12/11/2001)
77 OBJECTIONS/RESPONSE by plaintiff EEOC in opposition to Dft's Deposition Designations (15+) (dgt) (Entered: 12/11/2001)
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78 OBJECTIONS/RESPONSE by plaintiff EEOC in opposition to [65-1] voir dire jury charge and questions (12) (dgt) (Entered: 12/11/2001)
79 OBJECTIONS/RESPONSE by plaintiff EEOC in opposition to Dft's Exhibits (15+) (exhibits not imaged) (dgt) (Entered: 12/11/2001)
80 Proposed voir dire questions by plaintiff EEOC (6) (dgt) (Entered: 12/11/2001)
81 OBJECTIONS/RESPONSE by defendant ASI Millwork Inc in opposition to Pla's Deposition Witness Designations (12) (dgt) (Entered: 12/11/2001)
82 Requested/Proposed voir dire questions by defendant ASI Millwork Inc (6) (dgt) (Entered: 12/11/2001)
83 MOTION with brief/memorandum in support by defendant ASI Millwork Inc in limine and objections to Pla's exhibit list (13) (dgt) (Entered: 12/11/2001)
Motion hearing held re: [35-1] plaintiff's motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D Motion. (aat) (Entered: 12/12/2001)
84 ORDER denying [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12/12/01 Page(s) 1 (djd) (Entered: 12/12/2001)
85 JOINT REPORT on motions in limine by defendant ASI Millwork Inc, plaintiff EEOC (4) (cxj) (Entered: 12/20/2001)
86 Joint Exhibit list by defendant ASI Millwork Inc, plaintiff EEOC (10) (cxj) (Entered: 12/20/2001)
87 Joint Designation of Depositions by defendant ASI Millwork Inc, plaintiff EEOC (2) (cxj) (Entered: 12/20/2001)
88 RESPONSE by plaintiff EEOC to [83-1] motion in limine and objections to Pla's exhibit list (15+) (cxj) (Entered: 12/20/2001)
89 Unopposed MOTION by defendant ASI Millwork Inc for leave to file motion to admit evidence of claimant's sexual conduct under seal (2) (djd) (Entered: 12/26/2001)
90 MOTION with memorandum in support by plaintiff EEOC to strike [86-1] exhibits list (15+)(exhibits not imaged) (jyg) (Entered: 12/26/2001)
91 ENTRY OF APPEARANCE for plaintiff EEOC by William C. Backhaus (2) (aat) (Entered: 01/03/2002)
92 SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4***Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)
93 SEALED MOTION (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)
94 SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)
95 SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)
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Pre-trial conference held. (mlh) (Entered: 01/08/2002)
97 Minute order: Pretrial conference held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. (mlh) (Entered: 01/08/2002)
96 Jury roll (7) (tem) (Entered: 01/07/2002)
Jury trial held day 1. (mlh) (Entered: 01/08/2002)
98 Minute order: Jury trial day 1 held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. (mlh) (Entered: 01/08/2002)
99 OBJECTIONS/RESPONSE and brief in support by defendant ASI Millwork Inc to [67-1] plaintiff's proposed jury instructions and interrogatories and defendant's response to [78-1] plaintiff's objections (16) (aat) (Entered: 01/09/2002)
100 APPENDIX by defendant ASI Millwork Inc in support of [99-1] objections to plaintiff's proposed jury instructions and interrogatories and brief in support and defendant's response to plaintiff's objections (15+) (USC) (Not imaged) (aat) (Entered: 01/09/2002)
2nd day of jury trial held. (aat) (Entered: 01/10/2002)
101 Minute order: 2nd day of jury trial held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. Plaintiff continues presenting their case. Plaintiff rests. Defendants present their case. Defense rests. Charge conference. Court adjourned until 9:00 1/9/02. (aat) (Entered: 01/10/2002)
102 Joint exhibits to jury trial filed. (aat) (Entered: 01/10/2002)
3rd day of jury trial held. (aat) (Entered: 01/10/2002)
103 Minute order: 3rd day of jury trial held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. Court charges the jury. Closing statements. Jury verdict entered for plaintiff. (aat) (Entered: 01/10/2002)
104 Court's instructions to the jury. Signed by Judge Sanders. (15+) (aat) Modified on 01/10/2002 (Entered: 01/10/2002)
105 Jury note No.1 with reply. Signed by Judge Sanders. (2) (aat) (Entered: 01/10/2002)
106 ORDER A conference has been set to discuss the issues remaining in this case on 1/29/02 at 2:00 p.m. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 1/24/02 Page(s) 1 (aat) (Entered: 01/24/2002)
107 ORDER Eevidentiary hearing regarding the issues of front/back pay for 2:00 2/21/02. Counsel are directed to file proposed findings of fact and conclusions of law with respect to that hearing by 12:00 2/14/02. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 1/30/02 Page(s): 1 (aat) (Entered: 01/30/2002)
108 Minute order: Conference held before Senior Judge Barefoot Sanders Court Reporter: Sue Engledow (1) (jyg) (Entered: 02/05/2002)
109 Unopposed MOTION by plaintiff EEOC to continue (3) (jyg) (Entered: 02/12/2002)
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110 ORDER granting [109-1] motion to continue reset evidentiary hearing for 9:30 4/5/02 The deadline for cnsl to file proposed Findings of Fact and Conclusions of Law is also continued until 3/28/02 at 12:00. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 2/13/02 Page(s) 1 (jyg) (Entered: 02/13/2002)
111 STATUS REPORT ORDER. The hearing scheduled for 4/5/02 is re-scheduled for 9:30 a.m. 4/3/02. Joint report re: status of settlement negotiations due 12:00 noon 3/22/02. (Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 3.1.02 Page(s): 1 (mlh) (Entered: 03/01/2002)
112 JOINT STATUS REPORT by defendant ASI Millwork Inc, plaintiff EEOC (2) (mlh) (Entered: 03/25/2002)
113 Proposed findings of fact and conclusions of law. by defendant ASI Millwork Inc.(11) (lmr) (Entered: 03/29/2002)
114 ORDER reset front pay/back pay evidentiary hearing for 3:00 4/10/02 ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 4/3/02 Page(s) 1 (cxb) (Entered: 04/03/2002)
115 CONSENT DECREE/JUDGMENT for EEOC against defendant ASI Millwork Inc. Deft agrees to pay Ms. Grice the amount of $85,000.00. The parties to this Consent Decree agree to bear their own attorney's fees. See Consent Decree for specifics. ( signed by Judge Barefoot Sanders) Copies to counsel: 4/10/02 Page(s): 8 (cxb) (Entered: 04/10/2002)
Case closed (cxb) (Entered: 04/10/2002)
116 MOTION to Withdraw as Attorney by ASI Millwork Inc (jyg, ) (Entered: 05/30/2003)
117 ORDER granting 116 Motion to Withdraw as Attorney. Attorney Robbyn P Wysocki terminated (Signed by Judge Barefoot Sanders on May 30, 2003) (jyg, ) (Entered: 06/02/2003)
Mail Returned as Undeliverable. Mail received back from addressee Allen Butler. Returned as undeliverable to addressee. Order filed 5/30/03. (jyg, ) (Entered: 06/20/2003)
118 Letter returning jury trial exhibits to atty Ronetta Francis for pla EEOC. (jyg, ) (Entered: 08/28/2003)
119 Notice of Procedure to Unseal Documents Pursuant to Local Court Rule CV 79.4. Absent a motion to permanently seal, sealed documents are scheduled for unsealing 10 days from entry of this notice. --Signed by Deputy Clerk Kimelyn Coleman. (kdc, ) (Entered: 10/28/2004)

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