EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,..., 2005 WL 1073145...
2005 WL 1073145 (E.D.Mich.) (Trial Pleading)
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United States District Court, E.D. Michigan, Southern Division.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
BAKER’S KEYBOARD LOUNGE, Defendant.
Case No. 2:05CV71270 March 31, 2005.
Complaint and Jury Demand
Eric S. Dreiband, General Counsel, James L. Lee, Deputy General Counsel, Gwendolyn Young Reams, Associate General Counsel, Office of General Counsel, Trial Services Division, Washington, D.C., Adele Rapport (P44833), Regional Attorney, Stanley H. Pitts (P33519), Supervisory Trial Attorney, Dale Price (P55578), Trial Attorney, Equal Employment Opportunity Commission, Detroit District Office, Detroit, Michigan
Judge: Steeh, George Caram. Magistrate Judge Paul J. Komives.
NATURE OF THE ACTION
This is an action brought under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to La-Aiaria Woodget (“Woodget”) who was adversely affected by such practices. The Equal Employment Opportunity Commission (“Commission”) alleges that Baker’s Keyboard Lounge, (“Defendant”) discriminated against Woodget when Defendant fired Woodget in retaliation for complaining to management about harassment by a customer.
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(f)(1) and (3) and 707(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and § 2000e-6(e) (“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 Eastern District of Michigan, Southern Division.
PARTIES
3. Plaintiff, EEOC 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) and 707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and § 2000e-6(c).
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Michigan, and has continuously had at least 15 employees.
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,..., 2005 WL 1073145...
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
6. More than thirty days before the institution of this lawsuit, Johnson filed a Charge of Discrimination with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least March 27, 2003, Defendant Employer has engaged in unlawful employment practices at its Detroit, Michigan facility, in violation of Section 703(a), 42 U.S.C. § 2000e-2(a), and Section 704(a), 42 U.S.C. § 2000e-3(a). The Defendant’s unlawful employment practice involves terminating Woodget in retaliation for her complaint that a customer harassed her. The Defendant employer retaliated against Woodget by terminating her shortly after she made the complaint.
8. The effect of the practices complained of in paragraph 7 above have been to deprive Woodget of equal employment opportunities and otherwise adversely to affect her status as an employee in retaliation for engaging in activity protected by Title VII.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. As the result of the unlawful employment practices, Woodget has suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life.
11. The unlawful employment practices complained of in paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights of Woodget.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation against those who take actions protected by Title VII.
B. Order Defendant to develop and implement a sexual harassment policy, and provide mandatory training regarding Title VII and its prohibition against sexual harassment to all management and non-management employees concerning Title VII’s prohibition against retaliation.
C. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for persons who engage in protected activity under Title VII, and which eradicate the effects of its past and present unlawful employment practices.
D. Order the Defendant Employer to make Woodget whole 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 by not limited to expungement of discharge from Woodget personnel record.
E. Order Defendant Employer to make Woodget whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be proven at trial.
F. Order Defendant Employer to pay Woodget punitive damages for its malicious or reckless conduct described in paragraph 7 above, in amounts to be proven at trial.
G. Order Defendant Employer to pay nominal damages.
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,..., 2005 WL 1073145... H. Grant such further relief as the Court deems necessary and proper in the public interest. I. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, ERIC S. DREIBAND, General Counsel JAMES L. LEE, Deputy General Counsel GWENDOLYN YOUNG REAMS, Associate General Counsel, OFFICE OF GENERAL COUNSEL, Trial Services Division, 1801 “L” Street, N.W., Washington, D.C. 20507 DATE 3/31/05 ADELE RAPPORT (P44833), Regional Attorney STANLEY H. PITTS (P33519), Supervisory Trial Attorney DALE PRICE (P55578), Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, DETROIT DISTRICT OFFICE, Patrick V. McNamara Bldg., 477 Michigan Avenue, Rm. 865, Detroit, Michigan 48226, Telephone: 313/226-7808 Appendix not available
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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-71270-PJK

reassigned

Equal Employment Opportunity Commission v. Baker's Keyboard Lounge Assigned to: Honorable Paul J Komives Cause: No cause code entered

Date Filed: 03/31/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov TERMINATED: 06/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale R. Price, Jr. Equal Employment Opportunities Commission (Detroit) 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Baker's Keyboard Lounge

represented by Baker's Keyboard Lounge 20510 Livernois Detroit, MI 48221 PRO SE

Date Filed

#

Docket Text

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03/31/2005 04/18/2005 04/21/2005 05/16/2005 05/16/2005
08/15/2005 08/15/2005 08/26/2005 09/06/2005 09/07/2005 09/30/2005 11/02/2005 11/02/2005
11/08/2005 11/08/2005

1 COMPLAINT filed by Equal Employment Opportunity Commission against Baker's Keyboard Lounge, Receipt No. USA.(DTyle, ) (Entered: 03/31/2005)
2 ANSWER to Complaint by Baker's Keyboard Lounge.(PPaul, ) (Entered: 04/19/2005)
3 NOTICE TO APPEAR: Scheduling Conference set for 5/16/2005 10:45 AM before Honorable George Caram Steeh. (MBea, ) (Entered: 04/21/2005)
Minute Entry -Scheduling Conference held on 5/16/2005 before Honorable George Caram Steeh. (MBea, ) (Entered: 05/16/2005)
4 SCHEDULING ORDER: Final Pretrial Conference set for 3/13/2006 09:00 AM; Jury Trial set for 3/21/2006 09:00 AM before Honorable George Caram Steeh. Dispositive Motion Cut-off set for 12/1/2005. Signed by Honorable George Caram Steeh. (Refer to image for additional dates)(MBea, ) (Entered: 05/16/2005)
5 Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Price, Dale) (Entered: 08/15/2005)
6 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Plaintiff's Witness List. (Price, Dale) (Entered: 08/15/2005)
7 NOTICE TO APPEAR: Status Conference set for 9/6/2005 02:30 PM before Honorable George Caram Steeh. (MBea, ) (Entered: 08/26/2005)
Minute Entry -Status Conference held in Chambers and on the record on 9/6/2005 before Honorable George Caram Steeh. (Court Reporter Harold Henry) (MBea, ) (Entered: 09/07/2005)
8 STATUS CONFERENCE ORDER re: discovery. Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 09/07/2005)
9 REQUEST to Extend Discovery by Equal Employment Opportunity Commission. (RHutc, ) (Entered: 10/04/2005)
10 (STRICKEN) CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Request for Admissions. (Price, Dale) Modified on 11/4/2005 (PPaul, ). (Entered: 11/02/2005)
11 (FILING ERROR - NOT PROPERLY SIGNED) MOTION Modification of Scheduling Order/Compliance with Previous Court Order by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B)(Price, Dale) Modified on 11/4/2005 (PPaul, ). (Entered: 11/02/2005)
12 ORDER granting 11 Motion for modification of scheduling order and to compel compliance with Court's Order.- Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 11/08/2005)
Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for 6/12/2006 09:00 AM; Discovery due by 2/1/2006. Motions due by 3/1/2006. Proposed Pretrial Order due by 6/5/2006. Jury Selection set for 6/20/2006 09:00AM before Honorable George Caram Steeh. (MBea, ) (Entered: 11/08/2005)

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01/19/2006 01/19/2006 01/27/2006 02/08/2006 02/15/2006 02/16/2006 02/27/2006 04/04/2006 04/07/2006 05/18/2006 05/19/2006 05/23/2006 05/31/2006

13 (FILING ERROR - Stipulated or Proposed Order filed in violation of R11) STIPULATION To Extend Discovery by Equal Employment Opportunity Commission.(Price, Dale) Modified on 1/20/2006 (PPaul, ). (Entered: 01/19/2006)
14 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 13 Stipulation to Extend Discovery. (Price, Dale) (Entered: 01/19/2006)
15 STIPULATION AND ORDER modifying the discovery deadline (extending to 2/15/06) Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 01/27/2006)
16 STIPULATED ORDER modifying the scheduling order: Discovery and Dispositive motion cut-off extended to 3/15/06. Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 02/08/2006)
17 Second MOTION to Compel Discovery and Modify the Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Price, Dale) (Entered: 02/15/2006)
18 ORDER REFERRING MOTION to Magistrate Judge Komives: 17 Second MOTION to Compel Discovery and Modify the Scheduling Order filed by Equal Employment Opportunity Commission. Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 02/16/2006)
19 NOTICE of hearing on 17 Second MOTION to Compel Discovery and Modify the Scheduling Order. Motion Hearing set for 4/4/2006 10:00 AM before Honorable Paul J Komives. (EBut, ) (Entered: 02/27/2006)
20 ORDER granting 17 Motion to Compel- Signed by Honorable Paul J Komives. (EBut, ) (Entered: 04/06/2006)
21 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/11/2006 02:00 PM; Jury Trial set for 9/19/2006 09:00 AM before Honorable George Caram Steeh. Signed by Honorable George Caram Steeh. (Refer to image for additional dates)(MBea, ) (Entered: 04/07/2006)
22 [FILING ERROR RE: EXHIBITS] Second MOTION to Compel Compliance with the Court's Order and to Modify the Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Price, Dale) Modified on 5/19/2006 (JJoh, ). (Entered: 05/18/2006)
23 INDEX of Exhibits re 22 Second MOTION to Compel Compliance with the Court's Order and to Modify the Scheduling Order by Equal Employment Opportunity Commission.(Price, Dale) (Entered: 05/19/2006)
24 ORDER REFERRING MOTION to Magistrate Judge Komives: 22 Second MOTION to Compel Compliance with the Court's Order and to Modify the Scheduling Order filed by Equal Employment Opportunity Commission. Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 05/23/2006)
25 NOTICE of hearing on 22 Second MOTION to Compel Compliance with the Court's Order and to Modify the Scheduling Order. Motion Hearing set for 6/19/2006 01:00 PM before Honorable Unassigned. (EBut, ) (Entered: 05/31/2006)

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06/07/2006 06/19/2006
07/05/2006
09/21/2006 10/04/2006 11/16/2006 01/23/2007
01/23/2007 01/29/2007

26 NOTICE of Withdrawal of Attorney Adele Rapport by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 06/07/2006)
27 ORDER re 22 Second MOTION to Compel Compliance with the Court's Order and to Modify the Scheduling Order filed by Equal Employment Opportunity Commission,. Signed by Honorable Paul J Komives. (EBut, ) (Entered: 06/20/2006)
28 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/16/2007 02:00 PM; Jury Trial set for 1/23/2007 09:00 AM before Honorable George Caram Steeh. Dispositive Motion Cut-off set for 10/2/2006; Discovery due by 9/1/2006. Signed by Honorable George Caram Steeh. (Refer to image for additional dates)(MBea, ) (Entered: 07/05/2006)
29 NOTICE of reassignment from Judge * George Caram Steeh * to Judge David M Lawson pursuant to Admin. Order 06-AO-025. (Teets, A.) (Entered: 09/21/2006)
30 NOTICE TO APPEAR: Status Conference set for 11/16/2006 04:00 PM before Honorable David M Lawson. (FMos, ) (Entered: 10/04/2006)
Minute Entry -Status Conference held on 11/16/2006 before Honorable David M Lawson. (FMos, ) (Entered: 11/16/2006)
31 [ENTERED IN ERROR] CONSENT with ORDER to Exercise of Jurisdiction by United States Magistrate Judge. Case referred to Magistrate Judge R. Steven Whalen. Signed by Honorable David M Lawson. (Schoenherr, S.) Modified on 1/29/2007 (Schoenherr, S.). (Entered: 01/23/2007)
33 ORDER with ORDER to Exercise of Jurisdiction by United States Magistrate Judge. Case referred to Magistrate Judge Paul J. Komives. Signed by Honorable David M Lawson. (Schoenherr, S.) (Entered: 01/29/2007)
32 NOTICE of Correction re 31 Order of Consent. (Schoenherr, S.) (Entered: 01/29/2007)

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