UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Civil Action Number

Plaintiff,

CABLE COMMUNICATIONS, INC.,
Defendant.

JURY TRIAL DEMANDED

COMPLAINT 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 (including but not limited to sexual harassment), and to provide appropriate relief to the charging parties, Melissa Arnett, Regina Cash, Christy Hamlin and Cynthia White (hereinafter "Charging Parties"), who were adversely affected by such practices. The Commission alleges that Charging Parties were sexually harassed by a manager of the defendant. As a result of the sexual harassment, the conditions of their employment were made so intolerable that they were forced to resign their positions.
JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (Title VII), al~d Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Georgia, Macon Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 28 U.S.C. § 2000e-5(f)(1)and (3). 4. At all relevant times, Defendant Cable Communications, Inc. (the "Defendant") has continuously been a corporation doing business in the State of Georgia and the city of Macon, Georgia, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer
2

engaged in an industry affecting commerce under Section 70 l (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Charging Parties filed their charges with the Commission alleging a violation of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 20, 2000, Defendant engaged in unlawful employment practices at its Macon, Georgia facilities, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by subjecting Charging Parties to
(a) sexual harassment; and (b) constructive discharge. 8. The effects of the practices complained of in paragraph 7 above have been to deprive Charging Parties of equal employment opportunities and otherwise adversely affect their status as employees because of their sex. 9. The unlawful employment practices complained of in paragraph 7 above were intentional and were carried out with malice and/or reckless indifference to the federally protected rights of Charging Parties.
PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment against women, creating intolerable working conditions the effect of which forces women to resign their employment, and engaging in any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Charging Parties, who were adversely affected by Defendant’s discriminatory conduct, 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 its unlawful employment practices, including but not limited to front pay and/or rightful-place reinstatement of Charging Parties.. D. Order Defendant to make whole Charging Parties by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts
4

to be determined at trial.

E. Order Defendant to make whole Charging Parties by providing

compensation for non-pecuniary losses resulting from the unlawful employment

practices described above, including emotional pain and suffering, anxiety, stress,

depression, and humiliation, in amounts to be determined at trial.

F. Order Defendant to pay to Charging Parties punitive damages for

Defendant’s malicious and reckless conduct described above, in amounts to be

determined at trial.

Go Grant such further relief as the Court deems necessary and proper.

Ho

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,

Regional Attorney Georgia Bar No. 617505
MARCUS G. KEEGAN Trial Attorney

Georgia Bar Number: 410424
U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ATLANTA DISTRICT OFFICE 100 Alabama St., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone: (404) 562-6818 Facsimile: (404) 562-6905

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION

ORIGINAL

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,)

)

Plaintiff,

)

)

Vo

)

)

CABLE COMMUNICATIONS )

& ENGINEERING, INC.

)

)

and

)

)

CABLE COMMUNICATIONS, )

INC.,

)

)

Defendants.

)

)

)

CIVIL ACTION NUMBER 5:03-CV-0100-2-CAR
Filed at ~2 ,,,a,S ~.. M
DEPUTY CLERK, U.S. bISTRfCT--~OURT MIDDLE DISTRICT OF GEORGIA
JURY TRIAL DEMANDED

UNOPPOSED FIRST AMENDED COMPLAINT

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 (including but not limited to sexual

harassment), and to provide appropriate relief to the Charging Parties, Michelle

Arnett, Regina Cash, Christy Hamlin and Cynthia White (hereinafter "Charging

Parties"), who were adversely affected by such practices. The Commission alleges

that Charging Parties were sexually harassed by a manager of the Defendants. As

a result of the sexual harassment, the conditions of their employment were made so intolerable that they were forced to resign their positions.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (Title VII), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Georgia, Macon Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 28 U.S.C. § 2000e-5(f)(a)and (3). 4. At all relevant times, Defendants Cable Communications & Engineering, Inc. and Cable Communications, Inc. (the "Defendants") have
2

continuously been corporations doing business in the State of Georgia and the city of Macon, Georgia, and have continuously had at least 15 employees, respectively.
5. At all relevant times, Defendants have continuously been employers 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 30 days prior to the institution of this lawsuit, Charging Parties filed their charges with the Commission alleging a violation of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 20, 2000, Defendants engaged in unlawful employment practices at their Macon, Georgia facilities, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by subjecting Charging Parties to
(a) sexual harassment; and (b) constructive discharge. 8. The effects of the practices complained of in paragraph 7 above have been to deprive Charging Parties of equal employment opportunities and otherwise adversely affect their status as employees because of their sex. 9. The unlawful employment practices complained of in paragraph 7
3

above were intentional and were carried out with malice and/or reckless indifference to the federally protected rights of Charging Parties.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in sexual harassment against women, creating intolerable working conditions the effect of which forces women to resign their employment, and engaging in any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Charging Parties, who were adversely affected by Defendants’ discriminatory conduct, 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 their unlawful employment practices, including but not limited to front pay and/or rightful-place reinstatement of Charging Parties.
4

D. Order Defendants to make whole Charging Parties by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Charging Parties by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, anxiety, stress, depression, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay to Charging Parties punitive damages for Defendants’ malicious and reckless conduct described above, in amounts to be determined at trial.
Go Grant such further relief as the Court deems necessary and proper. Ho 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.
(Signature Line to Follow)

Respectfully submitted,
Regional Attorney Georgia Bar No. 617505 MARCUS G. KEEGAN Trial Attorney Georgia Bar Number: 410424 U. S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICE 100 Alabama St., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone: (404) 562-6818 Facsimile: (404) 562-6905
6

 
 II
OR\G\~I\L Case 5:03-cv-00100-CAR Document 61

Filed 08/12/2004

Page 1 of 20

'. \ I

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I ,-"I

Ir. •• " • . r-,. '-.'.

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.

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~F~O~R~lTIEHUENMITIDEDDLSETDAITSETSRDICISTTORFICGTECOOURRGTIrA~{~. '.

MACON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
and CYNTHIA WHITE, MICHELLE ARNETT, CHRISTY : HAMLIN, and REGINA CASH,

Civil Action No. 5:03-CV-OIOO-2(CAR)

Plaintiff-Intervenors,

vs.

CABLE COMMUNICATIONS, INC. and CABLE COMMUNICATIONS & ENGINEERING, INC.

Defendants.

CONSENT DECREE This action was instituted by the Equal Employment Opportunity Commission (hereinafter, the "Commission")against Defendants Cable Communications, Inc. and Cable Communications and Engineering, Inc. (hereinafter the "Defendants") pursuant to Section 706(f)(a) and (3) of

IICase 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 2 of 20
, I Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et
i
seq. (hereinafter referred to as "Title VII") and the Civil Rights Act of 1991,42 U.S.C. § 1981(a) to remedy the alleged wrongful employment practices identified in the Complaint filed in this action.
This Court has jurisdiction of the subject matter of this action and of the parties to this action.
The Commission alleged in the foregoing civil action that the Defendants acted unlawfully by subjecting Charging Parties, Cynthia White, Michelle Arnett, Christy Hamlin, and Regina Cash (hereinafter the Plaintiff-Intervenors), to sexual harassment; in violation of Title VII. In its Complaint, the Commission sought make whole relief including, but not limited to, back pay relief, with interest, compensatory and punitive damages, and injunctive and other affirmative relief. The Defendants filed their Answers denying the allegations made by the Commission. Defendants dispute and deny any liability to the Commission and/or the Plaintiff-Intervenors. This agreement is not to be deemed or construed to
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 3 of 20
be an admission of liability or wrongdoing by Defendants but constitutes the good faith settlement of a disputed claim.
All of the parties to this action desire to avoid the additional expense, delay and uncertainty which would result from the continuance of this litigation and desire to formulate a plan to be embodied in a Consent Decree which will promote and effectuate the purposes of Title VII.
This Court has reviewed the terms of the proposed Consent Decree in light of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII.
Now, therefore, this Court, being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. DISCLAIMER OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree, and the undertakings made by Defendants hereunder, are in settlement and compromise of a disputed claim of alleged
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I!Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 4 of 20
sexual harassment, the validity of which Defendants deny. Neither the
i, ,I I'
negotiation, execution nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by the Defendants that its officers, agents or employees have violated or have not been in compliance with Title VII or any rules and regulations issued under or pursuant to Title VII or any other applicable law, regulation or order.
II. NON-DISCRIMINATION Defendants shall not subject any employee or affected group member to sexual harassment, and shall not retaliate against any person because that person is a beneficiary of the Consent Decree, or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this Consent Decree. Defendants, to ensure equal opportunity in the employment process, will continue and hereby reaffirm their current practice of making all decisions affecting hiring, promotion, compensation, job assignment, sick and disability leave, discharge and other terms, conditions and privileges of
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! ,
Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 5 of 20
employment, without regard to race, color, sex, religion or national origin. Defendants shall not retaliate or take any adverse action against other persons in the future because of their participation in the investigation of the charge or prosecution of this litigation.
III. NOTICES TO BE POSTED: INSTRUCTION TO MANAGEMENT
Defendants shall keep posted the notices required to be posted pursuant to Section 711 of Title VII, and, for at least two (2) years immediately following the entry of this Decree, shall also keep conspicuously posted a copy of the notice attached to this Decree at Defendants' Valdosta, Georgia facilities. Within thirty (30) days from the entry of this decree, Defendants shall instruct its management and supervisory personnel regarding the full meaning of those notices and this Consent Decree. The posting required by this paragraph shall be conspicuously made on bulletin boards or locations selected so that each employee at the Valdosta, Georgia facility will observe at least one such
,
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C1!ase 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 6 of 20
, ' ! I
posting when at the facility. Defendants shall certify the completion of the
i i
posting and instruction to the Commission within thirty (30) days from the entry of this Consent Decree. All written certification required by this Section shall be addressed to S. Robert Royal ("Regional Attorney") in the Atlanta District Office, 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303.
IV. MANAGER TRAINING Defendants shall, at least one time per year for the term of this Agreement, in an appropriate location, hold a training session for all of its managers and other supervisory personnel, including all of the corporate officers employed at the Defendants' Georgia facilities. Said training session shall address the Defendants' and its employees' equal employment opportunity obligations pursuant to Title VII, including Defendant's antisexual harassment obligations. Defendants shall notify the EEOC at least five (5) days in advance regarding the date(s) and time(s) the training contemplated by this Section IV will be accomplished. Defendants shall
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 7 of 20
provide written certification to the EEOC of training completed pursuant to this Section IV within thirty (30) days following completion of training. The certification shall include the names and qualifications of the person(s) providing instruction, names and job titles of attendees, length of training, training topics, and any other pertinent information about the training. If written training materials are utilized, the Commission shall be supplied with a copy prior to the training. All written certification required by this Section shall be addressed to the Regional Attorney in the Atlanta District Office whose address is 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303.
V. INSTRUCTION TO MANAGEMENT Within thirty (30) days from the entry of this Decree, Defendants shall certify, in writing, to the EEOC that all management and supervisory personnel who are currently employed at its facility or facilities have been instructed as to the terms of this Consent Decree (other than the monetary amount of the settlement), and the full meaning of the provisions of the
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 8 of 20
Notice to be posted, and that Defendants have reaffirmed with these employees that employment decisions are not to be made on any basis that is prohibited by Title VII. All written certification required by this Section shall be addressed to the Regional Attorney in the EEOC's Atlanta District Office at the above-referenced address.
VI. REPORTING REQUIREMENT For the duration of the term of this Decree, Defendants agree that any complaint arising at its Georgia location(s), and brought to the attention of management by any employee(s) against any other employee(s) or manager(s) alleging sexual harassment issues which were raised by the Complaint in this civil action and resolved by this Consent Decree shall be reported to the Regional Attorney. Every six months for the duration of this Consent Decree, Defendants shall certify in affidavit form, a summary report to the Regional Attorney specifying whether an employee has complained about sexual harassment. If an employee has so complained, then the summary report shall state in written affidavit form the following:
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 9 of 20
(a) The date of the complaint or report, (b) The name of the person making the complaint or report, (c) The name and title of the person against whom the complaint or report was made, (d) The nature of the complaint or report, (e) The name and title of the Defendant official who learned of the complaint or report, (f) What, if any, action was taken by Defendant in response to the complaint or report (e.g. employee discipline), and (g) A detailed narrative of how the complaint or report was resolved by Defendant. The report should be addressed to the Regional Attorney in the EEOC's Atlanta District Office at the above-referenced address. VII. CHARGING PARTIES' INDIVIDUAL RELIEF: MONETARY
RELIEF Defendants, in settlement of all alleged claims of financial loss due to alleged discriminatory employment practices, shall provide the Plaintiff-
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"Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 10 of 20
Intervenors, the amount of Two Hundred Thousand Dollars ($200,000.00), in a check payable to them, within two weeks of the signing of this Consent Decree. The parties recognize that such payment is to be without admission of liability on the part of Defendants.
VIII. REFERENCES Defendants agree that, if they receive inquiries from persons or prospective employers seeking a reference or other employment related information regarding any of the Plaintiff-Intervenors, it shall provide no less than a neutral reference, citing the dates of employment and the position(s) held. Defendants will make no mention to persons or prospective employers seeking a reference of the fact that any of the Plaintiff-Intervenors filed charges of discrimination or that the instant lawsuit was filed. IX. DISCIPLINARY POLICY ON SEXUAL HARASSMENT
AND RETALIATION Defendants assert that they have sexual harassment policies that
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 11 of 20
prohibit sexual harassment and provide for disciplinary action against violators. Defendants agree to reemphasize their sexual harassment policies to all employees, particularly those who perform in a supervisory or lead capacity, and to require all management and lead employees to sign a stipulation that the sexual harassment policies have been read and understood, within sixty (60) days of the effective date of this Decree.
Defendants agree to disseminate documents that clarify how complaints regarding sexual harassment should be made. Employees shall be advised that such complaints will be promptly investigated and effectively resolved. Defendants agree to establish and implement a disciplinary policy with penalties up to and including discharge for employees who are found to have engaged in sexual harassment in violation of Defendants' policies. Defendants further agree that employees who commit acts of sexual harassment shall be admonished in writing and disciplined in accordance with the policy.
The above referenced policy provisions, to the extent that they are
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 12 of 20
not already incorporated in the Defendants' policies, shall be instituted within thirty (30) days of the entry of this Consent Decree. On or before that date, Defendants shall certify to the Regional Attorney in the EEOC Atlanta District Office whose address is 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303.
X. PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attempt to resolve any dispute regarding the enforcement of this Consent Decree by informal mediation and consultation before seeking enforcement through the judicial process. The Commission will notify Defendants, through Counsel, in writing by certified mail if it has any reason to believe that any actions or omissions by Defendants are in violation of the Consent Decree. Defendants shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed to the Regional Attorney for the EEOC's Atlanta District Office, of the measures taken to cure the alleged deficiencies. If upon receipt of Defendants' reports the
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 13 of 20
Commission concludes that the deficiency has not been satisfactorily cured by Defendants, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation. If the alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process. Notwithstanding any of the foregoing, nothing in this agreement shall be deemed to prohibit any matter which occurred during the term of this Decree and which constitutes a dispute as contemplated by Section X from being fully and completely processed in the manner described in Section X, even though the dispute is not resolved within thirty (30) days of the termination of this Decree.
XI. COMPLIANCE OFFICIAL Defendants shall designate compliance officials who shall be responsible for compliance with this Consent Decree, and also responsible for coordinating and overseeing Defendants' compliance with this Consent
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 14 of 20
Decree. XII. TERMS OF DECREE - PERIOD OF JURISDICTION This Consent Decree shall continue to be effective and binding upon
the parties to this action for a period of twenty-four (24) calendar months immediately following the entry of the Decree, provided that all remedial benefits required hereby have been received or offered prior to its expiration and provided further, that all required reports and certifications are submitted at least thirty (30) days before the expiration date of the Consent Decree. If required reports are not submitted within thirty (30) days of the expiration date or if the remedial benefits are not received or offered, the Consent Decree will be automatically extended until these provisions are completed.
This Court shall retain jurisdiction over this action for the purposes of clarifying and enforcing this Consent Decree and for any other appropriate or equitable purposes for thirty-six (36) calendar months from the date of entry of this Consent Decree, unless the Court acts or the
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 15 of 20
Commission has, prior to the expiration of said thirty-six (36) month period, moved to enforce compliance with the Consent Decree. If this Court acts or the Commission has moved to enforce compliance with this Consent Decree within this period, this Court shall retain jurisdiction of this action until all issues relating to all such motions which are made during the thirty-six (36) month period have been resolved. Thereafter, this Court shall dissolve this Consent Decree and shall dismiss this cause with prejudice.
XIII. OTHER ACTIONS The Commission shall not commence or prosecute against Defendants any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which arise out of EEOC Charge Numbers 110A14628, 110A14629, 110A14630, and 110A14644, or this lawsuit. This Consent Decree in no way affects the EEOC's right to process any pending or future charges that may be filed against Defendants in accordance with standard EEOC procedures, and to
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 16 of 20
commence civil actions pursuant to Section 706 (f) of Title VII on any such charge. Nothing in this Consent Decree shall be construed to limit or reduce Defendants' obligation to fully comply with Title VII of the Civil I Rights Act of 1964, as amended; the Equal Pay Act of 1963, as amended;
'i I
I the Age Discrimination in Employment Act of 1967, as amended; the Americans with Disabilities Act of 1990; or the regulations promulgated pursuant thereto. Nothing herein shall preclude the EEOC from bringing an action to enforce the provisions of this Consent Decree. XIV. COSTS AND ATTORNEY FEES The Commission and Defendants shall each bear their own respective costs and attorneys fees for this action. The parties hereto and undersigned attorneys of record for the Commission, Charging Parties, and Defendants in the above-styled action hereby consent to the entry of the foregoing Consent Decree.
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"Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 17 of 20
BY CONSENT:
Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Georgia Bar No. 6175 Regional Attorney MARCUS G. KEEGAN Georgia Bar No. 410424 Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICELEGAL UNIT 100 Alabama Street, SW Suite 4R30 Atlanta, Georgia 30303 (404) 562-6818
Attorney for Defendants CABLE COMMUNICATIONS, INC. and CABLE COMMUNICATIONS AND ENGINEERING, INC.
Mary M. .I.~UA."-''' Georgia Ba Chambless, Higdon, Richardson & Katz, LLP 577 Walnut Street, Suite 200 Post Office Box 246 Macon, Georgia 31202-0246 (478) 745-1181
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II

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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 18 of 20
APPROVED, DONE, and SIGNED this \ ~\.~ay of August, 2004.
District Judge U.S. District Court of Georgia Middle District of Georgia, Macon Division
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 19 of 20

Joseph H Chambless DavId B. HIgdon Thomas F. RIchardson Mary Mendel Katz Emmltte H. Gnggs Jon C Wolfe Brown W. Denms, Jr Denms L Duncan DavId N. Nelson John J. MakowskI Norman C Pearson III Larry W. Fouche Frances L. Clay James M. Freeman

Law Offices
CHAMBLESS, HIGDON, RICHARDSON, KATZ & GRIGGS, LLP
The Ambrose Baber Buildmg 577 Walnut Street, Suite 200
Post Office Box 246 Macon, Georgia 31202-0246

Telephone No. (478) 745-1181 Telecopler No. (478) 746-9479
Of Counsel Joseph H DavIs James F. Carson, Jr
mkatz@chrkglaw.com

NOTICE
1. This notice to all employees of Cable Communications, Inc. and Cable Communications and Engineering, Inc. (hereinafter the lfDefendantslf ) is being posted as part of the remedy agreed to between the Defendants and the Equal Employment Opportunity Commission in a consent decree filed in the United States Federal District Court, Macon, Georgia (Case No. 5:03-CV-OIOO-2).
2. Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment.
3. The Defendants support and will comply with such Federal Law in all respects and will not take any action against employees because of their sex, pregnant condition, race, color, religion, national origin, disability or age or because they
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Case 5:03-cv-00100-CAR Document 61 Filed 08/12/2004 Page 20 of 20
have exercised their rights under the law. 4. The Defendants have taken and will continue such remedial action as is required
by the consent order entered by the United States District Court, including the payment of monetary damages to an employee and the posting of this notice. 5. This notice will remain posted for twenty four (24) months, until _ _ _ __ 2006. Signed this ___ day of July, 2004.

Cable Communications, Inc. & Cable Communications & Engineering, Inc.

DO NOT REMOVE THIS NOTICE UNTIL

July

,2006

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 til; .

IN THE UNITED STATES DISTRICT COURT Q ~.." ,.. ! ~ 1 iI-?': 03

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

._.._

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
CABLE COMMUNICATIONS & ENGINEERING, INC. and CABLE COMMUNICATIONS, INC.,
Defendants.

5:03-CV-IOO (CAR)

ORDER DISMISSING WITHOUT PREJUDICE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
This case is before the Court on Defendants' Motion for Summary Judgment [Tab 17] which was filed on December 23,2003. The Court entered an Order on April 13, 2004 [Tab 35] which allowed two depositions to be taken outside ofthe discovery period and for Plaintiff and Plaintiff-Intervenors to have twenty days after the completion of said depositions in which to file a response to the Motion for Summary Judgment. Upon further consideration ofthis matter, the Court finds that because information may come up in these depositions that affect Defendants' Motion as well, Defendants may need the opportunity to address such information in their Motion. Therefore, the Court hereby DISMISSES Defendants' Motion for Summary Judgment [Tab 17] without prejudice, allowing Defendants to fefile such motion within fifteen (15) days after the completion of the

aforementioned depositions. The refiling of such motion will begin a new cycle of response and reply deadlines within which Plaintiff, Plaintiff-Intervenor, and Defendants will be expected to comply.
SO ORDERED, this 0..\ caay of June, 2004.
c..
LTH/jec
2

 
 CM/ECF LIVE - U.S. District Court:gamd - Docket Report

Page 1 of 8

CLOSED
U.S. District Court [LIVE AREA] United States District Court for the Middle District of Georgia (Macon)
CIVIL DOCKET FOR CASE #: 5:03-cv-00100-CAR

EEOC v. Cable Communications, et al Assigned to: Judge C. Ashley Royal Demand: $0 Case in other court: Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 03/28/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Marcus G. Keegan 40 Technology Parkway South Norcross, GA 30092 U.S.A 770-248-2883 Fax: 770-248-2883 Email: mkeegan@franzen-salzano.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
S. Robert Royal 100 Alabama Street, S.W. Suite 4R30 Atlanta, GA 30303 404-562-6818 Email: stan.royal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Michelle Arnett

represented by Bradley G. Pyles P.O. Box 1797 Macon, GA 31202-1797 478-745-1651 Email: brad@wpmlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Jeffrey Yazinski P.O. Box 1797 Macon, GA 31202-1797 478-745-1651 Email: jeff@wpmlegal.com

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Intervenor Plaintiff Regina Cash
Intervenor Plaintiff Christy Hamlin
Intervenor Plaintiff Cynthia White
V. Defendant Cable Communications, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bradley G. Pyles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Jeffrey Yazinski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bradley G. Pyles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Jeffrey Yazinski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bradley G. Pyles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Jeffrey Yazinski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary M. Katz P.O. Box 246 Macon, GA 31202-0246 478-745-1181 Email: mkatz@chrkglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William T. Krizner 1660 Metropolitan Circle

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Defendant
Cable Communications & Engineering, Inc.

Tallahassee, FL 32308 850-386-3747 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/28/2003 03/31/2003 04/11/2003
04/21/2003
04/22/2003
05/07/2003 05/07/2003 06/04/2003 06/09/2003 06/10/2003 06/20/2003 06/23/2003 07/03/2003 07/22/2003

#

Docket Text

1 COMPLAINT filed; Service of Complaint due by 7/28/03 for Cable Communications (dcp) (Entered: 03/28/2003)

Case referred to ARBITRATION (trh) (Entered: 03/31/2003)

2 WAIVER OF SERVICE returned executed as to Cable Communications 4/7/03 . Answer due on 6/6/03 for Cable Communications (dcp) (Entered: 04/14/2003)

3 MOTION by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White to Intervene with attached complaint. (dcp) Modified on 07/29/2003 (Entered: 04/22/2003)

MOTION(S) submitted: submitted [3-1] motion to Intervene ; Original case file and motion sent to Judge C. Ashley Royal with proposed Order (dcp) (Entered: 04/22/2003)

4 RESPONSE by Cable Communications to [3-1] motion to Intervene (dcp) (Entered: 05/07/2003)

5 CORPORATE DISCLOSURE STATEMENT by Cable Communications (dcp) (Entered: 05/07/2003)

6 ANSWER to Complaint by Cable Communications (Attorney Mary M. Katz) (dcp) Modified on 07/29/2003 (Entered: 06/05/2003)

7 RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 7/23/03 . ( signed by Judge C. A. Royal ) (dcp) (Entered: 06/09/2003)

8 ELECTION not to proceed before a Magistrate Judge by Cable Communications (dcp) (Entered: 06/12/2003)

9 CONSENT to proceed before Magistrate Judge by EEOC (hrm) (Entered: 06/20/2003)

ARBITRATION LETTER mailed. Parties to opt-out of arbitration by 7/21/03 (trh) (Entered: 06/23/2003)

Case no longer referred to ARBITRATION. (trh) (Entered: 07/03/2003)

PROPOSED SCHEDULING/DISCOVERY order received and forwarded to Judge Royal. (dcp) (Entered: 07/22/2003)

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07/25/2003 07/31/2003 07/31/2003 09/09/2003 09/11/2003 09/11/2003 09/11/2003 10/01/2003 10/15/2003 10/20/2003 10/28/2003 12/23/2003 12/23/2003 12/23/2003 01/05/2004 01/05/2004

10 ORDER granting [3-1] motion to Intervene ( signed by Judge C. A. Royal ) (dcp) (Entered: 07/25/2003)
11 MOTION by EEOC for Leave to File 1st amended complaint (dcp) (Entered: 07/31/2003)
MOTION(S) submitted: submitted [11-1] motion for Leave to File 1st amended complaint ; Original case file and motion sent to Judge C. Ashley Royal with proposed Order. (dcp) (Entered: 07/31/2003)
AMENDED PROPOSED SCHEDULING/DISCOVERY order received and routed to Judge Royal (cma) Modified on 09/09/2003 (Entered: 09/09/2003)
12 ORDER granting [11-1] motion for Leave to File 1st amended complaint ( signed by Judge C. A. Royal ) (dcp) (Entered: 09/11/2003)
13 AMENDED COMPLAINT amending [1-1] complaint against Cable Comm. & Eng. (Answer due 9/22/03 for Cable Comm. & Eng., for Cable Communications ) (dcp) (Entered: 09/11/2003)
14 AMENDED SCHEDULING/DISCOVERY ORDER executed. Dispositive Motions to be filed by 5/6/04 Discovery to be complete 3/22/04 ; ( signed by Judge C. A. Royal ) (dcp) (Entered: 09/11/2003)
15 ANSWER by Cable Communications, Cable Comm. & Eng. to amended complaint (dcp) (Entered: 10/02/2003)
PRO HAC VICE FEE Paid by William T. Krizner Fee $ 50.00 Receipt # 513422 (dcp) (Entered: 10/15/2003)
16 ANSWER by Cable Communications to Complaint for Intervenor attached to motion at tab 3. (dcp) (Entered: 10/21/2003)
DEADLINE updated; set Telephone Discovery Conference for 11:00 1/30/04 (dcp) (Entered: 10/28/2003)
17 MOTION by Cable Communications, Cable Comm. & Eng. for Summary Judgment Response due by 1/15/04 Reply to Response due by 2/2/04 for [17-1] motion (dcp) (Entered: 12/23/2003)
18 MEMORANDUM by Cable Communications, Cable Comm. & Eng. in support of [17-1] motion for Summary Judgment (dcp) (Entered: 12/23/2003)
19 STATEMENT OF UNDISPUTED Material Facts by defendant Cable Communications, defendant Cable Comm. & Eng. Re: [17-1] motion for Summary Judgment (dcp) (Entered: 12/23/2003)
20 CERTIFICATION of Need to File Discovery by Cable Communications, Cable Comm. & Eng. in support of [17-1] motion for Summary Judgment (dcp) (Entered: 01/05/2004)
21 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Cynthia White on 10/20/03 court reporter: Court Rptg.

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01/05/2004 01/05/2004 01/05/2004 01/05/2004 01/06/2004 01/09/2004
01/13/2004 01/20/2004
01/27/2004 01/27/2004 01/27/2004 01/27/2004

Assoc. (dcp) (Entered: 01/05/2004)
22 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Michelle Arnett on 10/20/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/05/2004)
23 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Christy Hamlin on 10/21/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/05/2004)
24 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Regina Cash on 10/21/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/05/2004)
25 MOTION with memorandum in support by EEOC, Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White to Extend Time to respond to MSJ (dcp) (Entered: 01/06/2004)
MOTION(S) submitted: submitted [25-1] motion to Extend Time to respond to MSJ ; Original case file and motion sent to Judge C. Ashley Royal with proposed Order (dcp) (Entered: 01/06/2004)
DEADLINE updated; Response to Motion reset to 1/29/04 for [17-1] motion for Summary Judgment , Reply to Response to Motion reset to 2/17/04 for [17-1] motion for Summary Judgment pursuant to telephone request from Marcus Keegan. Letter of confirmation to follow. (dcp) (Entered: 01/09/2004)
26 RESPONSE by Cable Communications, Cable Comm. & Eng. in opposition to [25-1] motion to Extend Time to respond to MSJ (dcp) (Entered: 01/13/2004)
27 ORDER granting [25-1] motion to Extend Time to respond to MSJ Response to Motion reset to 4/12/04 for [17-1] motion for Summary Judgment , Reply to Response to Motion reset to 4/29/04 for [17-1] motion for Summary Judgment ( signed by Judge C. A. Royal ) (dcp) (Entered: 01/20/2004)
28 CERTIFICATION of Need to File Discovery by Cable Communications, Cable Comm. & Eng. in support of [17-1] motion for Summary Judgment (dcp) (Entered: 01/27/2004)
29 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Christy Hamlin on 10/21/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/27/2004)
30 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Regina Cash on 10/21/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/27/2004)
31 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Cynthia White on 10/20/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/27/2004)

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01/27/2004 01/30/2004
04/09/2004
04/09/2004
04/13/2004
06/04/2004 06/04/2004 06/07/2004 06/08/2004 06/08/2004 06/08/2004 06/08/2004 06/08/2004 06/08/2004

32 DEPOSITION filed by Cable Communications, Cable Comm. & Eng. of deponent(s): Michelle Arnett on 10/20/03 court reporter: Court Rptg. Assoc. (dcp) (Entered: 01/27/2004)
33 Minute Entry of 01/30/04 Court Reporter: Recorder. Telephone Discovery Conference. Discovery is progressing with no problems at this time. Plaintiff's counsel shall produce redacted copies of time sheets and original audiotapes to defendant. (dcp) Modified on 01/30/2004 (Entered: 01/30/2004)
34 JOINT MOTION by EEOC, Cable Communications, Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White, Cable Comm. & Eng. for permission to take depositions outside of the discovery period , to Extend Time to respond to motion for summary judment filed by Defendants (hrm) (Entered: 04/09/2004)
MOTION(S) submitted: submitted [34-1] joint motion for permission to take depositions outside of the discovery period, submitted [34-2] joint motion to Extend Time to respond to motion for summary judment filed by Defendants ; Original case file and motion sent to Judge C. Ashley Royal (hrm) (Entered: 04/09/2004)
35 ORDER granting [34-1] joint motion for permission to take depositions outside of the discovery period, granting [34-2] joint motion to Extend Time to respond to motion for summary judment filed by Defendants ( signed by Judge C. A. Royal ) (dcp) (Entered: 04/14/2004)
36 MOTION by EEOC to Exceed Page Limit on response to motion for summary judgment (dcp) (Entered: 06/04/2004)
MOTION(S) submitted: submitted [36-1] motion to Exceed Page Limit on response to motion for summary judgment ; Original case file and motion sent to Judge C. Ashley Royal (dcp) (Entered: 06/04/2004)
37 ORDER granting [36-1] motion to Exceed Page Limit on response to motion for summary judgment ( signed by Judge C. A. Royal ) (dcp) (Entered: 06/07/2004)
38 RESPONSE by EEOC to [17-1] motion for Summary Judgment (dcp) (Entered: 06/08/2004)
DEADLINE updated; Reply to Response to Motion reset to 6/25/04 for [17-1] motion for Summary Judgment (dcp) (Entered: 06/08/2004)
39 EXHIBIT 1-4 by EEOC in support of [38-1] motion response - located in tie folder (dcp) Modified on 06/08/2004 (Entered: 06/08/2004)
40 EXHIBIT by EEOC in support of [38-1] motion response - located in tie folder. (dcp) (Entered: 06/08/2004)
41 STATEMENT OF DISPUTED Material Facts by plaintiff EEOC Re: [17-1] motion for Summary Judgment (dcp) (Entered: 06/08/2004)
42 RESPONSE by EEOC in opposition to [19-1] Statement Undisputed

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06/08/2004 06/08/2004 06/08/2004 06/08/2004
06/14/2004 06/21/2004
06/28/2004 06/30/2004 06/30/2004 06/30/2004 06/30/2004 06/30/2004 06/30/2004 06/30/2004 07/01/2004

Material Facts (dcp) (Entered: 06/08/2004)
43 RESPONSE by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White to [17-1] motion for Summary Judgment (cma) (Entered: 06/09/2004)
44 Notice of Filing Appendix to Intervenors' Response to 17 motion by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White (cma) (Entered: 06/09/2004)
45 RESPONSE by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White in opposition to [19-1] Statement Undisputed Material Facts (cma) (Entered: 06/09/2004)
46 STATEMENT OF DISPUTED Material Facts by intervenor-plaintiff Michelle Arnett, intervenor-plaintiff Regina Cash, intervenor-plaintiff Christy Hamlin, intervenor-plaintiff Cynthia White Re: [17-1] motion for Summary Judgment (cma) (Entered: 06/09/2004)
DEADLINE updated; Reply to Response to Motion reset to 7/1/04 for [17-1] motion for Summary Judgment pursuant to telephone request from Mary Katz. Letter of confirmation to follow. (dcp) (Entered: 06/14/2004)
47 ORDER dismissing [17-1] motion for Summary Judgment allowing defendants to refile within 15 days of completion of taking of depositions scheduled outside the discovery period ( signed by Judge C. A. Royal ) (dcp) (Entered: 06/21/2004)
48 REASSERTION MOTION by Cable Communications, Cable Comm. & Eng. for Summary Judgment Response due by 7/21/04 Reply to Response due by 8/9/04 for [48-1] motion (dcp) (Entered: 06/29/2004)
49 CERTIFICATION of Need to File Discovery by EEOC in support of response to MSJ. (dcp) (Entered: 06/30/2004)
50 DEPOSITION filed by EEOC of deponent(s): Brian K. Toughton on 9/15/2003 court reporter: Darity Rptg. (dcp) (Entered: 06/30/2004)
51 DEPOSITION filed by EEOC of deponent(s): Gregory E. Herman on 9/29/2003 court reporter: Darity Reporting (dcp) (Entered: 06/30/2004)
52 DEPOSITION filed by EEOC of deponent(s): Ricky D. Edney on 9/29/2003 court reporter: Darity Reporting (dcp) (Entered: 06/30/2004)
53 DEPOSITION filed by EEOC of deponent(s): Donald K. Gill on 12/2/2003 court reporter: Darity Reporting (dcp) (Entered: 06/30/2004)
54 DEPOSITION filed by EEOC of deponent(s): Shannon T. Keith on 5/19/2004 court reporter: Josie Kitchens (dcp) (Entered: 06/30/2004)
55 Plaintiff-Intervenors' Reassertion of RESPONSE by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White to [48-1] motion for Summary Judgment (cma) (Entered: 07/01/2004)
56 CERTIFICATION of Need to File Discovery by Michelle Arnett, Regina

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07/01/2004
07/01/2004 07/02/2004 07/12/2004 07/12/2004 07/27/2004 07/27/2004 08/12/2004

Cash, Christy Hamlin, Cynthia White in support of [48-1] motion for Summary Judgment (hrm) (Entered: 07/02/2004)
57 DEPOSITION filed by Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White of deponent(s): William Q. Touchton, Jr. on 12/15/03 court reporter: Beth V. Culver (hrm) Modified on 07/02/2004 (Entered: 07/02/2004)
58 REPLY by Cable Communications, Cable Comm. & Eng. to response to [48-1] motion for Summary Judgment (hrm) (Entered: 07/02/2004)
MOTION(S) submitted: submitted [48-1] motion for Summary Judgment ; Original case file and motion sent to Judge C. Ashley Royal (hrm) (Entered: 07/02/2004)
59 JOINT MOTION by EEOC, Michelle Arnett, Regina Cash, Christy Hamlin, Cynthia White for Leave to File sur-reply brief in support of MSJ (dcp) (Entered: 07/12/2004)
MOTION(S) submitted: submitted [59-1] joint motion for Leave to File sur-reply brief in support of MSJ ; Original case file and motion sent to Judge C. Ashley Royal (dcp) (Entered: 07/12/2004)
60 ORDER dismissing, pursuant to settlement, with right to reopen within 90 days if settlement not consummated (signed by Judge C. A. Royal ) (dcp) (Entered: 07/27/2004)
Case Closed Deposition Disposal Letter to be mailed on 8/30/04 (dcp) (Entered: 07/27/2004)
61 CONSENT DECREE/ORDER ( signed by Judge C. A. Royal ) (dcp) (Entered: 08/12/2004)

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