UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

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'04 APR 22 p 1 =47

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Plaintiff,
v.

BERNARD A. FRIEDMAN

MID-AMERICAN GUNITE

COMPLAINT

AND .JURY DEMAND

_

_

_

_

_

Defendant.
___

_

_M--!~GISTRATE

JUDGE

MONA

K.

MAJZOUB

NATURE OF THE ACTION This is an action 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 on the basis of sex, and to provide appropriate relief to Shawn Rucker-Henderson, who was adversely affected by such practiccs. The EEOC alleges that Rueker-Hendcrson's supervisor and owner ofDefendant, Mid-American Gunite, Larry Masserant, sexually harassed her and other similarly situated individuals. The Defendant, having knowledge ofthe harassment, failed to take prompt, rcasonable action to cnd the harassment and prevent it from recurring.
.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 Sections 706(1)(1) and (3) and 707(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(1)(1) and (3) and 42 U.S.C. 2000e-6(e) ("Title VII"), and Section 102 ofthe Civil Rights Act ofl991, 42 U.S.C. § 1981a. 2. The employmcnt practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Michigan,
1

Southern Division.

3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or

"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) and 707(e) of Title VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3), and 2000e-

6(e).

4. At all relevant times, Defendant, Mid-American Gunite, ("Employer" or "Mid-

Amcrican"), has continuously been a company doing business in the State ofMichigan and the City

of Newport, and has continuously had at least 15 employees.

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

engaged in an industry affccting 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 prior to the institution of this lawsuit Shawn Rueker-

Henderson filed a charge with the Commission alleging violations of Title VII by Defendant

Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since May, 2001, Defendant Employer has engaged in unlawful employment

practices at its Newport, Michigan facility, in violation of Section 703(a), 42 U.S.C. § 2000e-2(a).

The Defendant's unlawful employment practices include, but are not limited to, the following:

a. Defendant's owner, Larry Masserant, created a hostile work environment for

Rucker-Henderson beginning in May, 2001, by making sexually offensive

remarks and physically touching her inappropriately on a regular basis.

b. Masserant talked about Rucker-Henderson's body parts and commentcd that

2

. ,

•

he liked it when she wore a short skirt.

c. Masserant made comments that the copy machine was Rucker-Henderson's

sex toy.

d. Masserant offered to give Rucker-Henderson his chair at a meeting and then

touched the chair when she stood up and whispered to her that he could still

smell her.

e. On another occasion, while driving in the car to a work function, Masserant

put his hand between Rucker-Henderson's legs and asked her if he could

check to see if she still had a kidney infection.

f.

On several occasions, Masserant rubbed Rucker-Henderson' s shoulders even

though she told him to stop.

g. Masscrant was the owner of Mid-American Gunite.

8. The effect ofthe pattern and practice ofconduct complained ofin paragraph 7 above

has been to deprive Rucker-Hcnderson and other similarly situated individuals of their equal

employment opportunities and otherwise adversely affect their status as employees because oftheir

sex.

9. The unlawful employment practices complained of in paragraph 7 above were and

are intentional.

10. As the result of the unlawful employment practices, Rucker-Henderson and other

similarly situated individuals have suffered emotional pain, suffering, inconvenience, mental anguish

and loss of enjoyment oflife.

11. The unlawful cmployment practices complained ofin paragraph 7 above were done

with malice or with recklcss indifference to the federally protected rights ofRucker-Henderson and

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· .
other similarly situated individuals. 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 sexual harassment and any other employment practices which discriminate on the basis of sex. b. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects ofits past and present unlawful employment practices, including the institution of a sexual harassment training program for each of its facilities. c. ORDER Defendant to provide individualized training to its employees concerning Title VII and its prohibitions against sexual harassment and retaliation. d. ORDER Defendant Employer to make whole Rucker-Henderson and other similarly situated individuals 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. e. ORDER Defendant Employer to make whole Rucker-Henderson and other similarly situated individuals by providing nominal damages and compen~atory damages for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, in amounts to be proven at trial. f. ORDER Defendant Employer to pay Rucker-Henderson and other similarly situated individuals punitive damages for its malicious or reckless conduct described in
4

· .'
paragraph 7 above, in amounts to be proven at trial. g. GRANT such further relief as the Court deems necessary and proper in the public
interest. h. AWARD the Commission its cost ofthis action.
.JURY TRIAL DEMAND
The Commission requests ajury trial on all questions of fact raised by its complaint. Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES LEE Deputy General Counsel
Filed: April 22, 2004
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney TAMMY C. KLEIN (P60256) Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (313) 226-5673
'-/I '7.7-/0 </
Dateet l
5

Hlef) )l-rJ( liS/;/11 J:. /1

JS 44 11/99

C,IVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROS . ONROJ !),;;f.6/IS

0 4 - 7 1 5' 1 9 The JS-44 civil cover sheet and the information contained herein neither replaco nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by tho Judicial Conference of the United States In September 1974, Is required
for use of tho Clork of Court for the purposo of Initiating tho civil dockot shoot.

I. (a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MID-AMERICAN GUNITE. INC. BERNARD A. FRIEDMAN

(b) County of Residence of First Listed

County of Residence of First Listed

MONROE

,

(C) Attorney's (Finn Name, Address, and Telephone Number)

NOTE: I~ LAND CONDEMNATION CASES, USE THE LOCATION OF THE ~"

[A"n '"VO' VFn.

Attorneys (If Known)

,

Tammy C. Klein, (P60256) (313) 226-5673 Equal Employment Opportunity Commission

~~ <.\'

K. MAGIS mATE JUDGE MONA

'\
MAJZOUB

477 Michi!!an Avc.. Rm 865. Dctroit. MJ 48226

II. BASIS OF JURISDICTION tPlace an -X-In One Box Only)

~ 1 U.S. Govomment Plaintiff

o 3Foderal QUestion (U.S, Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an-X-lnOne Box forPleintllf

(For Diversity Casos Only)

and One Box for Derendant)

0 0 0 0 CItiZen of This State

PLA OEF
11

PLA OEF

Incorporated or Principal Place 4

4

of Business In This State

2 U.S. Government Defendant

o 4 Diversity (Indicate Citizenship of Parties In Ilem 111)

0 2 02 Citizen of Another Cilizen or Subject of a 0 3 03
Fnrelnn r.n,'on'nI

0 5 05 Incorporated lind Principal of Business In Anothor State

Foreign Nation

06 06

IV. NATURE OF SUIT (Place an "X" In One Box OnM

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

0 11 Olnsural1C8 0 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument 0 150 Recovery of
Overpayment and Enforcement of Judgment
0 151 Medicare Act

PERSONAL INJURY
o 31 0 AIrplane
Cl 315 Airplane Product Liability
0
320 Assault Libel And Slander
0 330 Federal EmplO)'flrt'

PERSONAL INJURY 0 0 362 PersonallnJury~ 0
Med. Malpractice 0
o 305 ~~r o~u'et'na~PllvY'- 0

o 368 Asbestos Personal 0

Injury Product

Liability

0

610 Agriculture 620 Other Food & Drug 625 Orug Related Selzurtl
of Property 21: 881 630 Liquor Laws
640 R.R. & Truck

0 422 Appeal 28 USC 158 0 423 Withdrawal
28 USC 157
PROPERTY RIGHTS

650 Airiine Regs.

o 400 State Reapportionment o 41 0 Antitrust o 430 Banks and Banking o 450 CommercellCC o 460 Deportation o 470 Rackete.r lnnuenced &
Corrupt Organlzatlom

0 152 Recovery of Defaulted

UabUlty

Student Loans

0 340 Marine

(Excl. Veterans)

0 345 Marine Product

0 153 Recovef)' of Overpayment

Uebility

of Veteran's Benefits 0 350 Motor VehIcle

0 160 Stockholders' Suits

0 355 Motor Vehicle

0 190 Other Contract

Product Uability

0

195 Contract Product Uabltlty

0

360 Other Personal Injury

0

PERSONAL PROPERTY

o 370 Other Fraud o 371 Truth In Lending o 380 Other Personal

0

Property Damage
0 385 Property Damage

0

Product l.labitity 0

REAL PROPERTY

CIVIL RIGHTS PRISONER PETITIONS

0 210 Lond Condemnation ~44rvollng

o 0

,)

510MotionstoVacate

0 220 Foreclosure

1f1~ IX! 442 Empioymon

Sentence

0

0 230 Rent L.... & EJec:tmen 0-443..Houslng("

Habeas Corpus:

0 240Tortato und

-AccommodeUon. 0 530 Generat

0

0 245 Tort Product Liability Cl 444 Welfare

0 535 Death Penalty

0 290 All Other Real Property Cl 440 Other Civil Rights 0 540 Mandamul & Other 0

0 550 Civil Rights

660 Occupational Safety/Health
690 Other
LABOR
71 0 Fair Labor Standard. Aot
720 Labor/Mgmt. Relations
730 uborlt.1gmL Reporting & OI.dOlurti Act
740 Railway Labor Act
790 Other Labor LitigatIOn
791 Empl. Ret. Inc. Security Act

0 820 Copyrights 0 830 Patent 0 840 Trademark
SOCIAL SECURITY
0 861 HlAlt 39511)
0 862 Black Lung (923) 0 863 DtWClDIWN (405(g)) 0 864 SSID 11l1e XVI 0 865 RSI (405Ig))
FEDERAL TAX SUITS
o 870 Taxes (U.S. Plaintiff
or Defendant)
o 871 IRS-Third Party
26 USC 7009

o 810 Setectlve Sel'\llee o 850 Secu nOeaJCom mod itieaJ
Exchange
o 875 Customer Challenge
12 L1SC 3410
o 891 Agricultural Acts o 892 Economic StabDtzatton Ad o 893 Environmental Malte... o 894 Energy Allocation Act o 895 Freedom of
Information Act
o 900 A&ft:~o,!!u:. Uodltl' Equal Accell to Ju.1Ioe
o 950 Constitutionality of o Slate Statutes
890 Olhltl' Stetutory AcUon.

V. O~IGIN

.. 0 555 Prison Condition
(PLACE AN X" IN ONE BOX ONLy)

Transferred from

~ 0 0 0 05 '" [KJ 1 Or~inal poceedlng

2 Removed from State Court

3 Remanded from
Appellate Court

4 ~~Instated
Rnopened

another distrIct (specify)

. .CAUSE OF ACTION (Clio the U.$. Civil Statute undAf' which you AM filing and write brief statement of cause.

o 6 Mv1t1 district Litigation

Do not Cite Jurisdlctionalslatutes unless diversIty,)

Appeal to District
O 7 Judge rrom Magistrate

This is an action under Title VII ofthe Civil Rights Act of 1964 and Title I of the Civil Rights Aet of 1991 to correct unlawful employment

nNl~tif"p<: nn th,. hn<:i<: nf <:t"y

VII. REQUESTED IN 0 CHECK 'F THIS IS ACLASS ACTION

COMPLAINT:

UNDER F.R.C.P. 23

$DEMAND

CHECK YES oOly·if.demBndod in complaint:

JURy DSMANo:

0 ~ y';;'

No

ISee VIII. RELATED eASElS) Instructions):

IF ANY

JUDGE BER_N_'" ARD··A.FRIEDM____AbbCKET NUMBER

~~\~bQo~ ~:.NAT~,JRE OF ATTORNEY OF RECOR.~ '''''

)

---.

PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information: Court: __________________________________________

Case No.: _______________________________________ Judge: _______________________________________

2.

Other than stated above, are there any pending or previously

discontinued or dismissed companion cases in this or any ~

other court, including state court? (Companion cases are

No

matters in which it appears substantially similar evidence will

be offered or the same or related parties are present and the

cases arise out of the same transaction or occurrence.)

If yes, give the following information: Court: ________________________________________

Case No.: _______________________________________ Judge: _______________________________________

Notes:

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, CIVIL NO. 04-71519 HON. BERNARD A. FRIEDMAN
vs
MID-AMERICAN GUNITE, Defendant.
_______________________/
ORDER OF DISMISSAL
This court has been advised by counsel for the parties that the above entitled action
has been settled.
Accordingly, the above-entitled action is dismissed with prejudice and without costs.
However, the court expressly reserves jurisdiction/authority for 30 days to enforce terms of
the settlement agreement.
_s/Bernard A Friedman________ BERNARD A. FRIEDMAN UNITED STATES DISTRICT JUDGE
DATED: September 13, 2005
I hereby certify that a copy of the foregoing docum ent was ser ved upon counsel of record on September 13, 2005, by electronic and/or ordinary mail.
s/Carol Mullins Case Manager

 
 ~ ~O· Ib UNITEDSTATESDlSTRlCTfRft
EASTERN DISTRICT OF MI . JAN

SOUTHERN DIVISIO

JUl 14 2005

"

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CLERK'S OFFICE U.S. DISTRICT COURT EASTERN MICHIGAN

@

Plaintiff,
v.

Civil Action No. 04-CV-71S19-DT
HON. BERNARD A. fRIEDMAN

MID-AMERICAN GLINITE,

Defendant.

ORDER DENYING PLAINTIFF'S MOTION TO QUASH INVESTIGATOR'S SUBPOENA, GRANTING PLAINTIFF'S MOTION FOR PROTECTIVE ORDER. lind
LIMITING DEPOSITION TO ONLY THOSE ISSUES OF A FACTUAL NATURE
On July 13,2005, this matter came before the court on plaintiil' Equal Employment Opportunity Commission's Motion to Quash Investigator's Subpoena or in the Alternative for Protective Order. A hearing was held and oral argument heard. For the reasons stated on the record,

denied.

IT IS ORDERED that plaintiff EEOC's Motion to Quash Investigator's Subpoena is

is granted.

IT IS FURTHER ORDERED that plaintiffs Alternative Motion for Protective Order

IT IS FURTHER ORDERED that the [nvcstigator'S depOSition shall he limited to only those issues of a factual nature and nothing that is part of the deliberative process. I

Dated: JUL1A 2005
Dc/roit, Michigan

AN TED STATES DISTRICT JUDGE

I hereby oertify tha.t a. copy of the foregoin& document Wa.& s.rvcd tbJiJ date upon counsel Qf record
\O~ ~~~ ~IY .n~~or Vl~ Ilrat-alu. m'lll... ~ Patricia. ~mmeJ S",cr~tary to Chief Judge Frlcdlllan

I For examples, of "fact questions" see the hearing transcript. 2

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?363483239652169-L_3...

CLOSED, MEDIATION
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04-cv-71519-BAF-MKM

Equal Employment Opportunity Commission v. Mid-American Gunite Assigned to: Honorable Bernard A Friedman Referred to: Honorable Mona K Majzoub Cause: No cause code entered

Date Filed: 04/22/2004 Date Terminated: 09/13/2005 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins Equal Employment Opportunities Commission (Detroit) 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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V. Defendant Mid-American Gunite

represented by John A. Lygizos Lygizos and Assoc. (Detroit) 1150 Griswold Avenue 2400 David Stott Building Detroit, MI 48226 734-604-6839 Fax: 734-246-3962 Email: lygizosassociates@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/22/2004 05/17/2004 06/10/2004 07/22/2004 07/27/2004
10/01/2004 05/11/2005 05/17/2005
05/23/2005
06/01/2005 06/09/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against Mid-American Gunite.(THal, ) (Entered: 04/24/2004)
2 ANSWER to Complaint with Affirmative Defenses by Mid-American Gunite.(CGre, ) (Entered: 05/19/2004)
3 NOTICE TO APPEAR: Scheduling Conference set for 7/22/2004 10:00 AM before Honorable Bernard A Friedman. (CDor, ) (Entered: 06/10/2004)
Minute Entry -Scheduling Conference held on 7/22/2004 before Honorable Bernard A Friedman. (CDor, ) (Entered: 07/23/2004)
4 NOTICE TO APPEAR: Final Pretrial Conference set for 9/12/2004 01:00 PM and Jury Trial set for 9/20/2005 09:00 AM before Honorable Bernard A Friedman. (CDor, ) (Entered: 07/27/2004)
5 WITNESS LIST by Equal Employment Opportunity Commission (DTyle, ) (Entered: 10/05/2004)
6 ORDER REFERRING CASE to Mediation. Signed by Honorable Bernard A Friedman. (DOpa, ) (Entered: 05/11/2005)
7 MOTION to quash investigator's subpoena, or in the alternative, for a protective order by Equal Employment Opportunity Commission. (DPer, ) (Entered: 05/18/2005)
8 NOTICE of hearing on 7 MOTION for Protective Order and/or MOTION to Quash. Motion Hearing set for 7/13/2005 02:00 PM before Honorable Bernard A Friedman. (CMul, ) (Entered: 05/23/2005)
9 RESPONSE to 7 MOTION to Quash Subpoena, or, in the alternative, for Protective Order filed by Mid-American Gunite. (NHoll, ) (Entered: 06/02/2005)
10 REPLY to Response re 7 MOTION for Protective Order MOTION to Quash filed by Equal Employment Opportunity Commission. (NHoll) (Exhibits attached in error. See new filing. Modified on 6/13/2005 (CMul)). (Entered: 06/10/2005)

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06/13/2005 06/15/2005 07/13/2005
07/14/2005
08/04/2005 09/13/2005

11 EXHIBIT Corrected exhibit for reply to Motion to Quash re 10 Reply to Response to Motion by Equal Employment Opportunity Commission. (Klein, Tammy) (Entered: 06/13/2005)
12 ORDER Vacating 6 Order of Reference to Mediation Tribunal. Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 06/15/2005)
Minute Entry -Motion Hearing held on 7/13/2005 re 7 granting MOTION for Protective Order and denying MOTION to Quash filed by Equal Employment Opportunity Commission, before Honorable Bernard A Friedman. (Court Reporter Joan Morgan) (CMul, ) (Entered: 07/21/2005)
13 ORDER denying 7 Motion to quash investigator's subpoena, granting 7 Motion for protective order, and limiting deposition to only those issues of a factual nature. Signed by Honorable Bernard A Friedman. (DPer, ) (Entered: 07/15/2005)
14 ORDER REFERRING CASE to Mediation. Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 08/04/2005)
15 ORDER DISMISSING CASE Signed by Honorable Bernard A Friedman. (CMul, ) (Entered: 09/13/2005)

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