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}lM31:) IN THE UNITED STATES DISTRICT COURT

01 :OII/V £2 ~@~THE NORTHERN DISTRICT OF ILLINOIS

503-0311.:1

EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

. )

1\2 C

bOCklr Plaintiff,

) Civ.AcU • )

v.

DEC!

18
1;°111

») COM P L A I N T

9315

AMERICAN EAGLE AIRLINES, INC., Defendant.

) JURy TRIAL DEMAND

)

)
)

JUDGE AMY ST. EV~

NATURE OF THE ACTION MAGISTRATE JUDGE MASON

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.c. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991 to correct

unlawful employment practices on the basis of race and to provide appropriate relief to

Calvin Lewis, and a class of African-American ramp supervisors who were adversely

affected by such practices. Plaintiff, Equal Employment Opportunity Commission

("EEOC"), alleges that American Eagle Airlines, Inc. ("Defendant") violated Title VII by

paying African-American ramp supervisors at O'Hare Airport less than non-African-

American ramp supervisors.

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 Sections 706(f)(1) and

(3) and 707(a) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3) and § 2000e-6(a); and § 102

of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

I-I

-
2
2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction ofthe Unittid States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is an agency ofthe 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, 42 U.S.C. Section 2000e-5(f)(I) and (3). 4. At all times relevant, Defendant, has continuously been a corporation doing business in the Northern District of Illinois and has continuously had at least fifteen employees. 5. At all times relevant, Defendant, has continuously been and is now an employer engaged in an industry affecting commerce within the meaning ofSections 70I(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Calvin Lewis filed a charge ofdiscrimination with the EEOC, alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From February 1,2000 through the present Defendant engaged in unlawful employment practices, in violation of Sections 703(a) and 707(a) of Title VII, 42 U.S.C. Sections 2000e- 2(a) and 2000e- 6(a) by paying African-American ramp supervisors at

3
O'Hare Airport less pay than non-African-American ramp supervisors. 8. The effect of the practices complained of above has been to deprive Calvin
Lewis and other ramp supervisors at O'Hare Airport of equal employment opportunities because of their race, African-American.
9. The unlawful employment practices complained ofin paragraph 7 above were intentional.
10. The unlawful employment practices complained ofin paragraph 7 above were in reckless disregard of the rights of employees under Title VII of the Civil Rights Act of 1964.
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 Defendant, from engaging in any employment practice which discriminates because of race against ramp supervisors. B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices. C. Order Defendant to make whole Calvin Lewis and a class of African American ramp supervisors at O'Hare Airport by providing appropriate compensation for pay discrimination 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 raising the pay levels of members ofthe class.

-
4
C. Order Deft:ndant to pay compensatory and puntive damages to Calvin Lewis and a class ofAfrican American ramp supervisors at O'Hare Airport;
D. Grant such further reliefas the Court deems necessary and proper in the public interest; and
E. Award the Commission its costs in this action.

5
JURY TRIAL DEMAND
The Commission requests ajury trial on all questions of fact raised by its complaint. Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUALEMPLOYMENTOPPORTIJNITY COMMISSION
upe ory ttorney
fbi", W~rtY-
Gordon Waldron Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7525 D:\Myfiles\ArnericanEagle\Complaint.wpd

Civil Cover Sheet
-1-

http://www.ilnd.USCOw1S.govIPUBLIClFonns/auto-is44.cfm
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Civil Cover Sheet

This automated 1S-44 confoI1llS generally to the manual 1S-44 approved by the 1udicial Conference ofthe United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the Northern District of Illinois.

IJOCKET6/J1! POlpaipnotirftfu(ns)i:tyUC.So.mEmqiussailoEnmploymentDEC 1 4

d t() A . E gI A· r I
en an s: merlcan a e Ir IDes, nc.

County of Residence:

tOOlounty of Residence: Cook

Plaintiffs Atty:

Gordon G. Waldron
u.s. Equal Employment
Opportunity Commission 500 W. Madison Street, Suite 2800, Chicago, Illinois 60661 (312) 353-7525

0 2·C 9 3 1 5 Defendant's Atty:
JUCGE AMY ST. EVE

II. Basis of Jurisdiction:

1. U.S. Gov't Plaintiff

MAOISTRATEJUDGE MASON

III. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:-N/A Defendant:-N/A

IV. Origin:

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000 et seq. ("Title VII"), and Title I ofthe Civil Rights Act of

1991, 42 U.S.C. §1981a, to correct unlawful employment practices

on the basis of race. VII. Requested in Complaint
Class Action: Dollar Demand:
Jury Demand: Yes
VIII. This case IS NOT a refiling of a previously dismissed case.

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12117/0211:04 AM

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Eastern Division

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S)MGE AMY ST.

(A)

NAME
Gordon G. Waldron
FIRM
EQual Emplovment Opportunity Commission
STREET ADDRESS
500 W. Madison St. Suite 2800
g a!&TATE.IZIP
l-llIcago, Illinois 60661

IDENTIFICATION NUMBER (SEE ITEM 4 ON Rf;VERSB)

ARDC No. 02920646
MEMBER OF TIUAL BAR?

0 YES

TRJAL ATIORNEY?

0 Yf.5

0 NO 0 NO

I fflqUal Emplovm:nt Opportunity Commission
STREET ADDRESS
500 W. Madison St. Suite 2800

CJa'.!iTATElZIP
l-llIcago, Illinois 60661

hLE ii)'8s6-9124

lDENTIFlCA110N NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06210804
MEMBER OF 'tRIAL BAR?
TRIAL ATIORNEY?
DESIGNATED AS LOCAL COUNSEL?

0 YES
0 YES
0 YES

D NO
0 NO
0 NO

g. NJAoMhEn Hendrickson

I l(t

E~L.lua-l Em-l-J'I,ovment Opportuni.ty Comml.SS.lon

STREET ADDRESS
500 W. Madison St., Suite 2800

CITY/STATE/ZIP
Chicago, Illinois 60661

TELEPHONE NUMBER
(312) 353-8551

IDENTIFICATION NUMBER (SEE ITEM" ON REVERSE)
ARDC No. 01187589

MEMBER OF TRIAL BAR?

0 YE'

0 NO

TRIAL AnORNEY?

0 YES

0 NO

DESIGNATED AS LOCAL COUNSEL?

0 YO>

0 NO

SIGNATURE

(D)

NAME

ARM

STREET ADDRESS

CIITISTATFlZlP

TELEPHONE NUMBER

lDENTlFlCAnON NUMBER (SEE ITEM " ON REVERSE)

MEMBER OF TRIAL BAR? TRlALATTORNEY? DESIGNATED AS LOCAL COUNSEL7

0 YES
0 YES
0 YES

0 NO
0 NO 0 NO
1-0

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?221068133813411-L_35...
MASON, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-09315

Meeks v. Amer Eagle Airlines Assigned to: Honorable Michael T. Mason Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 12/23/2002 Date Terminated: 09/02/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Defendant American Eagle Airlines, Inc.,

represented by Columbus R. Gangemi, Jr. Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601-9703 (312) 558-5600 Email: cgangemi@winston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda C. Chatman Chatman Law Offices, LLC 19 South LaSalle #1500 Chicago, IL 60603 (312)917-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cardelle Bratton Spangler Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601-9703 (312) 558-5600 Email: cspangler@winston.com ATTORNEY TO BE NOTICED

Cheryl Tama Oblander Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601-9703 (312) 558-5600 Email: ctama@winston.com ATTORNEY TO BE NOTICED

Gerald C. Peterson Winston & Strawn LLP

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Intervenor
Equal Employment Opportunity Commission

35 West Wacker Drive Chicago, IL 60601-9703 (312) 558-5600 Email: gpeterson@winston.com ATTORNEY TO BE NOTICED
Mohamed Faiyaz Hussain Grant Thornton LLP 175 West Jackson Boulevard Chicago, IL 60604 (312) 602-8415 Email: faiyaz.hussain@gt.com ATTORNEY TO BE NOTICED
William H. Hooks Hooks Law Offices, P.C. 29 South LaSalle Street Suite 333 Chicago, IL 60603 (312) 553-5252 Email: chgolawyer@sbcglobal.net ATTORNEY TO BE NOTICED
represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street

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Intervenor Karl Meeks
Intervenor Calvin Lewis
Intervenor Cedric Turner
Intervenor Sonia Manso

Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
represented by Linda C. Chatman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William H. Hooks (See above for address) ATTORNEY TO BE NOTICED

Date Filed 12/23/2002
01/15/2003 01/15/2003 01/24/2003
01/30/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Gordon G. Waldron as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (yap) (Entered: 12/24/2002)
2 ATTORNEY APPEARANCE for defendant by Columbus R. Gangemi Jr., Mohamed Faiyaz Hussain, Cheryl Tama Oblander. (vmj) (Entered: 01/17/2003)
3 WAIVER of service of summons as to defendant sent on 12/24/02. (vmj) (Entered: 01/17/2003)
4 MINUTE ORDER of 1/24/03 by Hon. Amy J. St. Eve: Status hearing set before Judge Amy St. Eve in Courtroom 1241 on 2/24/03 at 9:00 a.m. The parties are directed to file an initial status report as provided by this order no later than 2/19/03. (See reverse of minute order) Notices mailed by judge's staff (vmj) (Entered: 01/27/2003)
5 ADDITIONAL ATTORNEY APPEARANCE for defendant by Cardelle Bratton. (vmj) (Entered: 02/03/2003)

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02/07/2003 02/24/2003 02/24/2003 03/25/2003 04/23/2003 05/14/2003 05/14/2003 05/15/2003
06/06/2003 06/06/2003 06/06/2003 06/10/2003 06/10/2003 06/17/2003
06/17/2003 06/17/2003

6 ADDITIONAL ATTORNEY APPEARANCE for defendant by Gerald C. Peterson. (vmj) (Entered: 02/10/2003)
SCHEDULE set on 2/24/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 3/26/03 . Mailed notice (tmh) (Entered: 02/24/2003)
7 ANSWER and defenses by defendant to plaintiff's complaint [1-1] (vmj) (Entered: 02/25/2003)
SCHEDULE set on 3/25/03 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 3/26/03 to 9:00 4/23/03 . Mailed notice (tmh) (Entered: 03/25/2003)
SCHEDULE set on 4/23/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 5/14/03 . Mailed notice (tmh) (Entered: 04/23/2003)
SCHEDULE set on 5/14/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 7/1/03 . Mailed notice (tmh) (Entered: 05/14/2003)
8 REFERRAL ORDER: Case referred to Honorable Michael T. Mason for settlement conference Mailed notice. (tmh) (Entered: 05/14/2003)
SCHEDULE set on 5/15/03 by Honorable Michael T. Mason : Settlement conference set for 6/23/03 at 1:30 p.m. Parties are to strictly abide by Magistrate Judge Mason's Standing Order for Settlement Conference. Plaintiff to submit copies of both plaintiff's settlement demand letter and defendant's response letter to the courtroom deputy, room 2220, by 6/19/03. Mailed notice (kef) (Entered: 05/15/2003)
9 ATTORNEY APPEARANCE for unknown Karl Meeks by Linda C. Chatman, William H. Hooks. (vmj) (Entered: 06/12/2003)
10 ATTORNEY APPEARANCE for unknown Calvin Lewis by Linda C. Chatman, William H. Hooks. (vmj) (Entered: 06/12/2003)
11 MOTION by Karl Meeks to intervene (Attachment); Notice. (vmj) (Entered: 06/18/2003)
12 MOTION by Calvin Lewis to intervene (Attachment); Notice. (vmj) (Entered: 06/18/2003)
13 MOTION by Cedric Turner to intervene (Attachment); Notice. (vmj) (Entered: 06/18/2003)
SCHEDULE set on 6/17/03 by Honorable Michael T. Mason: At the parties' request, settlement conference reset from 6/23/03 to 7/14/03 at 1:30 p.m. in courtroom 2214. Plaintiff to submit copies of the parties' settlement position letters, as required by Magistrate Judge Mason's Standing Order for Settlement Conference, to the courtroom deputy, room 2220, by 7/10/03. Mailed notice (kef) (Entered: 06/17/2003)
14 MOTION by Sonia Manso to intervene (Attachment); Notice. (vmj) (Entered: 06/18/2003)
15 ATTORNEY APPEARANCE for intervenor Sonia Manso by Linda C. Chatman, William H. Hooks (vmj) (Entered: 06/18/2003)

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06/17/2003
06/20/2003 06/30/2003 07/08/2003 07/08/2003 07/08/2003 07/08/2003 07/14/2003 07/15/2003
07/25/2003 07/29/2003 07/29/2003 07/29/2003 07/29/2003 08/14/2003 08/15/2003

16 MINUTE ORDER of 6/17/03 by Hon. Amy J. St. Eve: Intervenors' Karl Meeks, Calvin Lewis, Cedric Turner and Sonia Manso's motions to intervene and appearance are granted [11-1], [12-1], [13-1], [14-1]. Mailed notice (vmj) (Entered: 06/18/2003)
17 NOTICE by Linda C Chatman of change of address. (vmj) (Entered: 06/23/2003)
SCHEDULE set on 6/30/03 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 7/1/03 to 9:00 7/15/03 . Mailed notice (tmh) (Entered: 06/30/2003)
18 ANSWER and defenses to Plaintiff Karl Meeks complaint by defendant [1-1]. (vmj) (Entered: 07/09/2003)
19 ANSWER and defenses by defendant to plaintiff Calvin Lewis' complaint [1-1]. (vmj) (Entered: 07/09/2003)
20 ANSWER and defenses by defendant to plaintiff Sonia Manso's complaint [1-1]. (vmj) (Entered: 07/09/2003)
21 ANSWER and defenses by defendant to plaintiff Cedric Turner's complaint [1-1]. (vmj) (Entered: 07/09/2003)
SCHEDULE set on 7/14/03 by Honorable Michael T. Mason : Settlement conference held and continued to 7/25/03 at 8:00 a.m. Mailed notice (kef) (Entered: 07/15/2003)
22 MINUTE ORDER of 7/15/03 by Hon. Amy J. St. Eve: Status hearing held and continued to 8/14/03 at 9:00 a.m. Rule 26(a)(1) disclosures due 7/31/03. Written fact discovery to be issued by 8/14/03. Fact discovery to close on 11/14/03. Parties are directed to meet pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (vmj) (Entered: 07/15/2003)
SCHEDULE set on 7/25/03 by Honorable Michael T. Mason : Continued settlement conference held and continued to 8/22/03 at 9:00 a.m. Mailed notice (kef) (Entered: 07/25/2003)
23 ANSWER by plaintiff-intervenor Calvin Lewis to defendant's affirmative defenses. (vmj) (Entered: 07/29/2003)
24 REPLY by plaintiff-intervenor Karl Meeks to defendant's affirmative defenses. (vmj) (Entered: 07/29/2003)
25 REPLY by plaintiff-intervenor Sonia Manso to defendant's affirmative defenses. (vmj) (Entered: 07/29/2003)
26 ANSWER by plaintiff-intervenor Cedric Turner to defendant's affirmative defenses. (vmj) (Entered: 07/29/2003)
SCHEDULE set on 8/14/03 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 8/14/03 to 9:00 8/18/03 . Mailed notice (tmh) (Entered: 08/14/2003)
SCHEDULE set on 8/15/03 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 8/18/03 to 9:00 8/25/03 . Mailed notice (tmh) (Entered: 08/15/2003)

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08/22/2003 08/22/2003
08/22/2003 08/22/2003 08/22/2003 08/25/2003 09/02/2003

SCHEDULE set on 8/22/03 by Hon. Amy J. St. Eve : Status hearing stricken. No notice (tmh) (Entered: 08/22/2003)
27 MINUTE ORDER of 8/22/03 by Honorable Michael T. Mason: Third settlement conference held. Parties were able to reach an agreement to settle the case. Parties consent to the jurisdiction of the Magistrate Judge. Plaintiff EEOC's oral motion to dismiss the complaint against defendant with prejudice and without costs and fees is granted. Plaintiff EEOC's oral motion to have the caption of the case changed to replace the EEOC with the intervenor plaintiffs is granted. The Clerk of Court is directed to replace plaintiff EEOC with intervenor plaintiffs Karl Meeks, Calvin Lewis, Cedric Turner and Sonia Manso so the caption now reads Meeks et al vs. American Eagle Airlines. Status hearing set for 9/3/03 at 9:00 a.m. If the intervenor plaintiffs and defendant submit a stipulation to dismiss prior to 9/3/03, no appearance will be required at the 9/3/03 status. All other pending dates and deadlines set by the District Judge are stricken. Notices mailed by judge's staff (vmj) (Entered: 08/25/2003)
28 CONSENT by defendant Amer Eagle Airlines to exercise of jurisdiction by a United States Magistrate Judge. (vmj) (Entered: 08/26/2003)
29 CONSENT by intervenor EEOC to exercise of jurisdiction by a United States Magistrate Judge. (vmj) (Entered: 08/26/2003)
30 CONSENT by intervenors to exercise of jurisdiction by a United States Magistrate Judge. (vmj) (Entered: 08/26/2003)
31 REASSIGNMENT ORDER of 8/25/03 This case is reassigned to the Honorable Michael T. Mason pursuant to Local Rule 73.1 . (For further detail see order) Mailed notice (vmj) (Entered: 08/26/2003)
32 MINUTE ORDER of 9/2/03 by Honorable Michael T. Mason: Pursuant to the parties' stipulations to dismiss, this case is dismissed with prejudice, with each side to bear its own attorneys' fees and costs. Status hearing set for 9/3/03 is stricken. (Entered Stipulations) terminating case Notices mailed by judge's staff (vmj) (Entered: 09/03/2003)

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