Case 0:04-cv-01711-ADM-AJB Document 18 Filed 08/06/2004 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA _______________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Civil Action No. 04 CV 01711 ADM/AJB

Plaintiff,

v.

COMPLAINT OF INTERVENER

PARK NICOLLET HEALTH SERVICES f/k/a HEALTHSYSTEM MINNESOTA d/b/a PARK NICOLLET CLINIC,

(Jury Trial Demand)

Defendant,

and

DR. ALISON LAFRENCE,

Intervener. ________________________________

Intervener Dr. Alison LaFrence for her claim against Park Nicollet Health Services f/k/a HealthSystem Minnesota d/b/a Park Nicollet Clinic, (“Park Nicollet” or “Defendant”) states and alleges as follows:
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 107(a) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Supplemental Jurisdiction

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with respect to Count II is invoked pursuant to 28 U.S.C. §1367. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Minnesota.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. Plaintiff Intervener, Dr. LaFrence is an individual who resides in Dakota County, Minnesota. 5. At all relevant times, Defendant, Park Nicollet has been a provider of health services in the State of Minnesota, and has continuously had at least 15 employees. 6. At all relevant times, Park Nicollet has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. §12111(5), and Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e (g) and (h).
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7. At all relevant times, Park Nicollet has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS COUNT I
8. More than 30 days prior to the institution of this lawsuit, Dr. Alison LaFrence filed a charge with the EEOC alleging violations of Title I of the ADA by Park Nicollet, which also was filed with the Minnesota Department of Human rights under a work sharing agreement between the departments. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Dr. LaFrence is a physician certified in the specialty of family practice. She is a qualified individual with a disability caused by viral encephalitis. 10. Since at least on or about September, 1999, Park Nicollet has engaged in unlawful employment practices at its Shakopee, Minnesota Clinic in violation of Section 102(a) and (b) of the ADA, 42 U.S.C. § 12112(a) and (b)(5), as follows:
(a) Defendant failed to provide reasonable accommodations to Dr. LaFrence which would have permitted her to perform the essential functions of her position as a family practitioner; and
(b) On or about April 18, 2000, Defendant terminated Dr. LaFrence’s employment because of her disability.
11. The effect of the practices complained of in Paragraph 10 above has been to deprive Dr. LaFrence of equal employment opportunities because of disability.
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12. The unlawful employment practices complained of in Paragraph 10 above were and are intentional. 13. The unlawful employment practices complained of in Paragraph 10 above were and are done with malice or with reckless indifference to Dr. LaFrence’s federally-protected rights.
COUNT II Dr. LaFrence realleges the allegations set forth above and further states and alleges as follows: 14. Park Nicollet engaged in unfair employment practices at its Shakopee, Minnesota clinic in violation of Minn. Stat. § 363A.08, subds. 2 and 6 as follows: (a) Park Nicollet failed to provide reasonable accommodations to Dr.
LaFrence which would have permitted her to perform the essential functions of her position as a family practitioner; (b) On or about April 18, 2000, Defendant terminated Dr. LaFrence’s employment because of her disability. 15. The unlawful employment practices complained of in paragraph 14 above were and are intentional. 16. The unlawful employment practices complained of in paragraph 14 above were done with deliberate disregard for Dr. LaFrence’s rights protected under the Minnesota Human Rights Act.
PRAYER FOR RELIEF Wherefore, Dr. LaFrence respectfully requests that this court:
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A. Grant a permanent injunction enjoining Park Nicollet and its officers, successors, and assigns, and all persons in active concert or participation with them, from failing and refusing to provide reasonable accommodations to disabled individuals; and from terminating individuals with disabilities in violation of the ADA;
B. Order Park Nicollet to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities, and that eradicate the effects of its past and present unlawful employment practices;
C. Order Park Nicollet to make Dr. LaFrence whole by providing appropriate back pay, front pay, pre-judgment interest and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, reinstatement of Dr. LaFrence into her position as family practitioner, with appropriate accommodations as necessary to enable her to perform the essential functions of the job;
D. Order Park Nicollet to make Dr. LaFrence whole by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in Paragraphs 10 and 14 above, including, but not limited to, job search expenses;
E. Order Park Nicollet to make Dr. LaFrence whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained on in Paragraphs 10 and 14 above, including
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emotional pain, suffering, mental anguish and suffering, injury to professional reputation, loss of enjoyment of life, and humiliation;
F. Order Park Nicollet to pay Dr. LaFrence compensatory damages in an amount of three times the actual damages sustained;
G. Order Park Nicollet to pay Dr. LaFrence punitive damages for its malicious and reckless conduct, as described in Paragraphs 10 and 14 above, in an amount to be determined at trial;
H. Order Park Nicollet to pay a civil penalty to the State of Minnesota in an amount to be determined at trial;
I. Order Park Nicollet to pay Dr. LaFrence’s costs and attorney fees; J. Grant such further relief as the court deems necessary and proper in the public interest; and K. Award the EEOC its costs of this action.
JURY TRIAL DEMANDED Intervener requests a jury trial on all questions of fact raised by her complaint.
MANSFIELD, TANICK & COHEN, P.A.

Date: July 29, 2004.
#347356-v2

By: s/ Teresa J. Ayling Marshall H. Tanick (108303) Teresa J. Ayling (157478) 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 (612) 339-4295
ATTORNEYS FOR PLAINTIFF ALISON LAFRENCE
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 Case 0:04-cv-01711-ADM-AJB Document 23 Filed 12/14/2004 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No. 0:04-cv-01711 ADM/AJB

Plaintiff,

and

ALISON LAFRENCE, Intervener,

STIPULATION OF THE PARTIES FOR CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

vs.

PARK NICOLLET HEALTH SERVICES f/k/a HEALTHSYSTEM MINNESOTA d/b/a PARK NICOLLET CLINIC,

Defendant.

The parties, through their respective counsel, stipulate to the following Confidentiality Agreement and to entry of the following Protective Order pursuant to Rule 26(c) of the Rules of Civil Procedure:
CONFIDENTIALITY AGREEMENT 1. All information, documents, or materials produced containing medical records, mental health records, personnel information, diaries, personal notes, or sensitive business information which have been marked, stamped, or otherwise identified by either party as “confidential” (hereinafter “Confidential Materials”) shall be subject to the restrictions of this Confidentiality Agreement, except that this Agreement does not require Defendants or Plaintiff to treat their own confidential information any differently than they would on a routine basis. 2. Access to any Confidential Materials shall be limited to the following persons:

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Case 0:04-cv-01711-ADM-AJB Document 23 Filed 12/14/2004 Page 2 of 6

(a) Counsel for either party receiving the documents and their associates, legal assistants, or other support employees who have a demonstrable need for such disclosure in order to conduct this litigation;
(b) plaintiff;
(c) representatives of the defendants;
(d) Intervener;
(e) any expert retained for the conduct of this litigation;
(f) any consultant retained for the conduct of this litigation;
(g) any deponent or trial witness who has seen such Confidential Materials before this lawsuit was commenced as part of his or her normal and legitimate duties or functions or who has a need to see such Confidential Materials in order to testify or to prepare for giving testimony;
(h) the Court and authorized Court personnel;
(i) deponents or witnesses to the extent necessary for taking testimony; and
(j) such other persons as the Parties may agree to in writing.
3. Confidential Materials shall not be used for any purpose other than the conduct of
this lawsuit and shall not be disclosed in any way to any other person beyond those described in
paragraph 2 above, nor shall such Confidential Materials or their contents be publicized in any
manner.
4. If either party intends to utilize any Confidential Materials at trial, that party’s
counsel shall so inform the opposing counsel in accordance with the Rules of Civil Procedure
governing identification of trial exhibits in order that the opposing counsel may take any steps
deemed reasonable to preserve the confidentiality of such documents or the contents thereof.
5. This Confidentiality Agreement and the handling of Confidential Materials may
be the subject of orders of the Court and nothing herein shall preclude any party from applying to

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the Court for a modification of this Confidentiality Agreement or for the reclassification of any Confidential Materials as may be appropriate.
6. The obligations of this Confidentiality Agreement are continuing and shall not terminate at the conclusion of this litigation. Upon settlement or final determination of this litigation, all Confidential Materials and all available copies, summaries, compilations, abstracts or any other document or material setting forth the contents of any Confidential Materials shall be returned to the appropriate party or be destroyed if requested.
7. Additionally, nothing in this Agreement is intended to prohibit the parties from mutually agreeing to submit Confidential Materials other than as required herein.
8. Nothing in this Confidentiality Agreement precludes any party from using any document or item it has designated as Confidential Materials as it sees fit.
9. Any Confidential Document filed with the Court and any document filed with the Court disclosing confidential information as defined herein, shall be filed in a sealed envelope that bears the caption of this action, and a legend declaring that its contents are subject to a confidentiality order and shall remain so until further order of the Court.
10. This Order shall be effective retroactively to the date on which the above captioned action was filed.
11. Before a Confidential Document can be disclosed to a deponent during the course of a deposition, the attorney making such disclosure must first advise the deponent that pursuant to this Order that person may not divulge any such material to any other person and the deponent agrees to such nondisclosure on the record.
12. At any deposition taken in this action during which Confidential Materials are disclosed or discussed, the court reporter shall be instructed to send a draft copy of the transcript

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to counsel for each party so that counsel may designate appropriate portions of the transcript as confidential. Within 10 business days of receipt of the transcript, counsel must return a copy with the confidentiality designations to the court reporter, instructing the court reporter to mark the final transcript as “confidential” in the sections so designated.
13. The parties agree that the Court shall retain jurisdiction to enforce this Confidentiality Agreement to provide both equitable and legal relief.

Dated: December 1, 2004 Dated: December 8, 2004

___s/ Deborah J. Powers______________ Deborah J. Powers, Esq.
Admitted Pro Hac Vice Jean P. Kamp, Esq.
Admitted Pro Hac Vice Rosemary J. Fox, Esq.
Admitted Pro Hac Vice ATTORNEYS FOR PLAINTIFF EEOC Equal Employment Opportunity Commission Milwaukee District Office 310 West Wisconsin Avenue, Suite 800 Milwaukee, Wisconsin 53203-2292 Telephone: (414) 297-3983 Facsimile: (414) 297-3146
____s/ Penelope J. Phillips__________ Penelope J. Phillips, Esq. Bar Number 200876 ATTORNEYS FOR DEFENDANT PARK NICOLLET HEALTH
SERVICES Felhaber, Larson, Fenlon & Vogt, P.A. 220 South Sixth Street, Suite 2200 Minneapolis, Minnesota 55402-4504 Telephone: (612) 339-6321 Facsimile: (612) 338-0535

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Dated: December 3, 2004

___s/ Teresa J. Ayling________ Teresa J. Ayling, Esq. Bar Number 0157478 ATTORNEYS FOR INTERVENER DR. ALISON LAFRENCE Mansfield & Tanick 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402-4511 Telephone: (612) 339-4295 Facsimile: (612) 338-3161

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ORDER

Based on the above Stipulation of Counsel, IT IS SO ORDERED.

BY THE COURT

Dated: __________________, 2004

By:_________________________________________ Arthur J. Boylan United States Magistrate Judge

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 Case 0:04-cv-01711-ADM-AJB Document 24 Filed 12/16/2004 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
ALISON LAFRENCE,
Intervener,
vs.
PARK NICOLLET HEALTH SERVICES f/k/a HEALTHSYSTEM MINNESOTA d/b/a PARK NICOLLET CLINIC,
Defendant.

Case No. 0:04-cv-01711 ADM/AJB ORDER

Based on the Stipulation of the Parties for Confidentiality Agreement and Protective Order filed December 14, 2004, IT IS SO ORDERED.

Dated: December 16, 2004

BY THE COURT
By:__s/ Arthur J. Boylan________________ Arthur J. Boylan United States Magistrate Judge

MPLS-Word 76243.1

 
 Case 0:04-cv-01711-ADM-AJB Document 34 Filed 05/18/2005 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

) Civil Action No. CV-04-1711 ADM/AJB

and

)

)

ALISON LAFRENCE

)

)

Plaintiff Intervenor,

)

v.

)

)

PARK NICOLLET HEALTH SERVICES f/k/a )

HEALTHSYSTEM MINNESOTA

)

d/b/a PARK NICOLLET CLINIC,

)

)

Defendant.

)

__________________________________________)

CONSENT DECREE AND ORDER 1. This Consent Decree (the “Decree”) is made and entered into by and between Plaintiff United States Equal Employment Opportunity Commission (hereinafter “EEOC”) and Defendant, Park Nicollet Health Services f/k/a HealthSystem Minnesota d/b/a Park Nicollet Clinic (“Park Nicollet”), (EEOC and Park Nicollet are collectively referred to herein as “the Parties”). 2. On April 22, 2004, EEOC initiated this action by filing its Complaint against Park Nicollet alleging Defendant Park Nicollet violated Title I of the Americans With Disabilities Act of 1990 (“ADA”), when it failed to provide reasonable accommodation to Dr. Alison LaFrence and terminated her employment because of her disability. 3. On or about June 1, 2004, Park Nicollet filed Defendant’s Answer to Plaintiff’s Complaint, denying the allegations contained therein and claiming that Dr. LaFrence was not a

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qualified individual under the ADA. 4. In the interest of resolving this matter and as a result of having engaged in
comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Decree.
5. This Decree constitutes the complete agreement between EEOC and Park Nicollet with respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the Parties, it is ORDERED, ADJUDGED, AND DECREED THAT:
6. This Court has jurisdiction over the subject matter of this action and over the Parties for purposes of entering and enforcing this Decree.
7. The terms of this Decree are adequate, fair, reasonable, equitable and just. 8. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADA, and will be in the best interests of the Parties, those for whom EEOC seeks relief, and the public. 9. This Decree resolves all claims arising out of the Charge of Discrimination filed by Dr. Alison LaFrence against Park Nicollet, EEOC Charge No. 265A1017, and constitutes a complete resolution of all claims under the ADA that were made or could have been made by EEOC in this action. 10. This Consent Decree is a compromise of a disputed claim. Nothing herein
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constitutes an admission of any liability, wrongdoing or violation of any law, rule or regulation. SCOPE OF CONSENT DECREE
11. The duration of this Decree shall be three (3) years from the date of entry of the Decree. During that time, this Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. GENERAL INJUNCTIVE PROVISION
12. Park Nicollet and its officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, are hereby enjoined from engaging in or being a party to any action, policy or practice that is intended to or is known to them to discriminate against an employee on the basis of disability. TRAINING
13. Within one year after the date of this agreement, Park Nicollet will provide training concerning the ADA to all of its: (1) human resources employees; (2) supervisors and managers; (3) senior management officials; (4) all employees responsible for the processing of requests by employees for reasonable accommodation due to a disability; (5) all employees responsible for the hiring and/or termination of employees; and (6) all employees responsible for the implementation of reasonable accommodation due to a disability. Training will occur once per calendar year thereafter until the expiration of this Decree. The first two trainings pursuant to this Consent Decree must be live in-person training. The training taking place during the third year of the Consent Decree can be in whatever format Defendant chooses. Within 60 days of completion of the annual training, Defendant will provide the EEOC’s Milwaukee District Office with a list of those trained and the date and description of the training provided. The initial
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training will be conducted by one or more outside trainers chosen by Park Nicollet with approval by EEOC’s Milwaukee District Office, not to be unreasonably withheld, and will include training in regard to the ADA, including, but not limited to, disability discrimination, reasonable accommodations, duty to engage in the interactive process, making a direct threat assessment, confidentiality requirements of medical information and disability based on perception and record of a disability. POSTING.
14. Park Nicollet shall place a public notice, in a conspicuous place, at its offices throughout Minnesota, for a period of three (3) years from the date of entry of this Consent Decree and Order. The notice shall be in the form attached hereto as Exhibit A and captioned “Official Notice To All Employees of Park Nicollet.” DISSEMINATION OF POLICY STATEMENT
15. Park Nicollet agrees to issue and disseminate to employees, including new hires, a general overview of the ADA, including, but not limited to, the rights and responsibilities of employees under the ADA. The overview will specifically address the confidentiality requirements under the ADA of any medical information obtained on applicants or employees and direct employees to Employee Occupational Health Services if employees have questions. REPORTING
16. For three (3) years from the entry of this Consent Decree and Order, Park Nicollet shall report in writing, to the undersigned counsel for EEOC (on a semiannual basis every June 30 and December 31 starting with June 30, 2005), the name, address, phone number, and job title of any employee with a disability at Park Nicollet who: (1) is terminated, including a summary of the reasons for termination, and/or (2) requests accommodations, including a summary as to
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the nature of the disability and the requested accommodation, whether the accommodation was granted, and, if it was not granted, why not. Park Nicollet shall maintain all documents pertaining to such actions for the full three year reporting period, and for two years thereafter. MONETARY RELIEF
17. Park Nicollet agrees, within fifteen (15) days of signature of this Consent Decree and Order by the Court, to pay a total of one hundred and fifty five thousand dollars ($155,000.00) to Dr. Alison LaFrence with forty-seven thousand dollars ($47,000.00) representing attorneys fees and costs. The remainder representing claims for emotional distress damages. Park Nicollet shall mail the payment to: Teresa J. Ayling, Esq., Mansfield, Tanick & Cohen P.A., 1700 Pillsbury Center South, 220 South Sixth Street, Minneapolis, MN 55402-4511, and shall simultaneously provide a copy of the payment check to the undersigned counsel for the EEOC. Neither the EEOC nor Park Nicollet make any representations, or assume any responsibility for any tax liability, assessments, interest, penalties and/or costs that Dr. LaFrence may or may not incur under local, state and/or federal laws by reason of the settlement funds paid under this Consent Decree. Park Nicollet will issue Dr. LaFrence an IRS Form 1099 for the settlement funds. POSITIVE LETTER OF REFERENCE
18. Park Nicollet agrees that within 10 days of entry of this Decree it shall provide a positive letter of reference to Dr. Alison LaFrence, the contents of which have been mutually agreed upon by the Parties. In addition, should Park Nicollet receive any telephone or written inquires from a potential employer regarding Dr. Alison LaFrence, Park Nicollet shall provide employment information consistent with the positive letter of reference.
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SO ORDERED, ADJUDGED AND DECREED this 18th day of May, 2005.

Agreed to in form and content:
FOR THE PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Milwaukee District Office 310 W. Wisconsin Ave., Suite 800 Milwaukee, WI 53203-2292 Phone (414) 297-1860
s/ Jean P. Kamp Jean P. Kamp Regional Attorney

S/Ann D. Montgomery ____________________________ Honorable Ann D. Montgomery United States District Court Judge District of Minnesota
Date: May 4, 2005

s/ Deborah J. Powers Deborah J. Powers Senior Trial Attorney

Date: May 4, 2005

Agreed to in form and content:

FOR THE DEFENDANT PARK NICOLLET HEALTH SERVICES F/K/A HEALTHSYSTEM MINNESOTA D/B/A PARK NICOLLET CLINIC Felhaber, Larson, Fenlon & Vogt, PA 220 South 6th Street Suite 2200 Minneapolis, MN 55402-4504 Phone: (612) 339-6321

s/ Penelope J. Phillips Penelope J. Phillips, Esq.

Date: May 5, 2005

6

 
 CLOSED,PHV,PROTO,T7
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:04−cv−01711−ADM−AJB

Equal Employment Opportunity Commission v. Park Nicollet Health Services Assigned to: Judge Ann D. Montgomery Referred to: Chief Mag. Judge Arthur J. Boylan Cause: 42:12101 Americans with Disabilities Act
Plaintiff

Date Filed: 04/22/2004 Date Terminated: 05/16/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Deborah J Powers Equal Employment Opportunity Commission 310 W Wisconsin Ave Ste 800 INACTIVE Milwaukee, WI 53203−2292 414−297−3983 Fax: 414−297−3146 Email: deborah.powers@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp Equal Employment Opportunity Commission 500 W. Madison Street Suite 2000 INACTIVE Chicago, IL 60661 312−869−8116 Fax: 312−869−8124 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary J Fox Equal Employment Opportunity Commission 310 W. Wisconsin Ave Ste 800 INACTIVE Milwaukee, WI 53203−2292 414−297−1294 Fax: 414−297−3146 Email: rosemary.fox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Dr. Alison D. LaFrence

represented by Marshall H Tanick Hellmuth & Johnson PLLC 8050 W 78th St. Edina, MN 55439 952−941−4005 Fax: 952−941−2337 Email: mtanick@hjlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa J Ayling Hellmuth & Johnson PLLC 8050 W 78th St Edina, MN 55439 952−941−4005 Fax: 952−941−2337 Email: tayling@hjlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Park Nicollet Health Services doing business as Park Nicollet Clinic formerly known as HealthSystem Minnesota

represented by Dennis J Merley Felhaber Larson Fenlon & Vogt 220 S 6th St Ste 2200 INACTIVE Mpls, MN 55402−4504 (612) 339−6321 Email: dmerley@felhaber.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
H Le Phan Felhaber Larson 220 S 6th St Ste 2200 Mpls, MN 55402−4504 (612) 339−6321 Fax: (612) 338−0535 Email: hphan@felhaber.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Penelope J Phillips Felhaber Larson 220 S 6th St Ste 2200 Mpls, MN 55402−4504 612−339−6321 Fax: (612) 338−0535 Email: pphillips@felhaber.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/22/2004
04/22/2004 04/28/2004 04/29/2004 06/01/2004

# Docket Text
1 COMPLAINT against Park Nicollet Health Services, assigned to Judge Ann D. Montgomery per Individual Civil Rights List and referred to Magistrate Judge Arthur J. Boylan. Jury Demand , filed by Equal Employment Opportunity Commission. 5pg(s)(GJS) (Entered: 04/23/2004)
NOTICE given to Attorney Admission Clerk to send PHV forms to Out State Attorneys Jean P. Kamp, Rosemary J. Fox and Deborah J. Powers. (GJS) (Entered: 04/23/2004)
2 Petition and Order for Admission of Pro Hac Vice Attorney Deborah J Powers for Equal Employment Opportunity Commission. Signed by Richard D Sletten, Clerk on 4/28/04. 1pg(s)(GJS) (Entered: 04/29/2004)
3 Petition and Order for Admission of Pro Hac Vice, Attorney Rosemary J Fox and Jean P Kamp for Equal Employment Opportunity Commission. Signed by Richard D Sletten, Clerk on 4/29/04. (GJS) (Entered: 05/04/2004)
4 Defendant's ANSWER to Complaint of Plaintiff−−− by Park Nicollet Health Services.(Phillips, Penelope) (Entered: 06/01/2004)

06/02/2004
06/16/2004 06/16/2004 06/16/2004 06/16/2004 06/16/2004 06/17/2004 07/01/2004
07/01/2004 07/19/2004 07/19/2004 07/19/2004 07/20/2004 08/06/2004 08/06/2004 08/06/2004 09/13/2004 09/13/2004 12/14/2004 12/16/2004

5 NOTICE OF PRETRIAL CONFERENCE − Rule 26 Meeting Report due by 6/24/2004. Pretrial Conference set for 7/1/2004 at 10:30 AM before Magistrate Judge Arthur J Boylan. Signed by Magistrate Judge Arthur J Boylan on 6/2/04. (Attachments: # 1)(GJS) (Entered: 06/02/2004)
6 MOTION to Intervene by Alison D. LaFrence. (Attachments: # 1 Exhibit Complaint of Intervener)(Ayling, Teresa) (Entered: 06/16/2004)
7 NOTICE of Hearing on Motion 6 MOTION to Intervene: Motion Hearing set for 7/19/2004 01:30 PM in St Paul − Courtroom 628A before Magistrate Judge Arthur J Boylan. (Ayling, Teresa) (Entered: 06/16/2004)
8 MEMORANDUM in Support re 6 MOTION to Intervene filed by Alison D. LaFrence. (Ayling, Teresa) (Entered: 06/16/2004)
9 AFFIDAVIT of Dr. Alison LaFrence in SUPPORT OF 6 MOTION to Intervene filed by Alison D. LaFrence. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Ayling, Teresa) (Entered: 06/16/2004)
10 CERTIFICATE OF SERVICE by Alison D. LaFrence re 6 MOTION to Intervene, 7 Notice of Hearing on Motion, 8 Memorandum in Support of Motion, 9 Affidavit in Support of Motion (Ayling, Teresa) (Entered: 06/16/2004)
11 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Alison D. LaFrence, Park Nicollet Health Services.(Phillips, Penelope) (Entered: 06/17/2004)
12 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 9/13/2004. Discovery due by 2/11/2005. Joinder of Parties due by 9/13/2004. Motions (non−disp) due 5/1/2005. Motions (disp) due by 7/1/2005. Ready for trial due by 9/1/2005. Signed by Magistrate Judge Arthur J Boylan on 7/1/04. (GJS) (Entered: 07/01/2004)
13 Minute Entry for proceedings held before Judge Arthur J Boylan : Initial Pretrial Conference held on 7/1/2004. (GJS) (Entered: 07/01/2004)
14 STIPULATION re 1 Complaint of Intervention by Alison D. LaFrence. (Attachments: # 1 Exhibit 1)(Ayling, Teresa) (Entered: 07/19/2004)
15 CERTIFICATE OF SERVICE by Alison D. LaFrence re 14 Stipulation (Ayling, Teresa) (Entered: 07/19/2004)
16 Minute Entry for proceedings held before Judge Arthur J Boylan : Motion Hearing held on 7/19/2004 re 6 MOTION to Intervene filed by Alison D. LaFrence, has been stipulated to by the parties. Order to follow. (GJS) (Entered: 07/20/2004)
17 ORDER granting 6 Motion to Intervene filed by Dr. Alison Lafrence. Signed by Judge Arthur J Boylan on 7/20/04. (GJS) (Entered: 07/20/2004)
18 Intervenor COMPLAINT, filed by Alison D. LaFrence.(Ayling, Teresa) (Entered: 08/06/2004)
19 ACKNOWLEDGEMENT OF SERVICE Executed as to 18 Intervenor Complaint Acknowledgement filed by Alison D. LaFrence. (Ayling, Teresa) (Entered: 08/06/2004)
20 CERTIFICATE OF SERVICE by Alison D. LaFrence re 18 Intervenor Complaint (Ayling, Teresa) (Entered: 08/06/2004)
21 ANSWER to Intervenor Complaint by Park Nicollet Health Services. (Attachments: # 1)(Phillips, Penelope) (Entered: 09/13/2004)
22 CERTIFICATE OF SERVICE by Park Nicollet Health Services re 21 Answer to Intervenor Complaint (Phillips, Penelope) (Entered: 09/13/2004)
23 STIPULATION of the Parties for Confidentiality Agreement and Protective Order by Park Nicollet Health Services. (Phillips, Penelope) (Entered: 12/14/2004)
24 ORDER re 23 Stipulation for Confidentiality Agreement of the parties . Signed by Magistrate Judge Arthur J Boylan on 12/16/04. (GJS) (Entered: 12/17/2004)

01/11/2005 01/12/2005 03/02/2005 03/02/2005 03/14/2005
03/14/2005
05/12/2005 05/12/2005 05/16/2005 05/18/2005 05/15/2008 05/22/2008

25 STIPULATION for Extension of the Pre−Trial Scheduling Order by Park Nicollet Health Services. (Phillips, Penelope) (Entered: 01/11/2005)
26 ORDER: Discovery due by 3/11/2005. Signed by Magistrate Judge Arthur J Boylan on 1/12/05. (GJS) (Entered: 01/12/2005)
27 Minute Entry for proceedings held before Magistrate Judge Arthur J Boylan : Telephone Conference held on 3/2/2005. Request for Rule 35 is denied with prejudice. (akl) (Entered: 03/02/2005)
28 MOTION to Compel Independent Medical Examination by Park Nicollet Health Services. (Attachments: # 1 Certificate of Service)(Phillips, Penelope) Modified text on 3/4/2005 (akl). (Entered: 03/02/2005)
29 DOCUMENT FILED IN ERROR, WILL RE−FILE. LETTER TO MAGISTRATE JUDGE by Park Nicollet Health Services Cancelling Defendant's Notice of Motion and Motion to Compel Independent Medical Examination Scheduled for March 28, 2005. (Phillips, Penelope) Modified on 3/14/2005 (JME). (Entered: 03/14/2005)
30 LETTER TO MAGISTRATE JUDGE by Park Nicollet Health Services Canceling Defendant's Notice of Motion and Motion to Compel Independent Medical Examination Scheduled For March 28, 2005. (Phillips, Penelope) (Entered: 03/14/2005)
31 STIPULATION of Dismissal by Equal Employment Opportunity Commission, Park Nicollet Health Services, Alison D. LaFrence. (Powers, Deborah) Modified filers and text on 5/13/2005 (akl). (Entered: 05/12/2005)
32 CERTIFICATE OF SERVICE re 31 Stipulation by Equal Employment Opportunity Commission (Powers, Deborah) Modified link and text on 5/13/2005 (akl). (Entered: 05/12/2005)
33 ORDER re 31 Stipulation of Dismissal filed by Equal Employment Opportunity Commission, Park Nicollet Health Services, Alison D. LaFrence, . Signed by Judge Ann D Montgomery on 5/16/2005. (GS) (Entered: 05/16/2005)
34 CONSENT DECREE and ORDER. Signed by Judge Ann D Montgomery on 5/18/05. (akl) (Entered: 05/18/2005)
35 STIPULATION and Joint Motion for Extension of the Duration of Consent Decree by Equal Employment Opportunity Commission, Park Nicollet Health Services. (Powers, Deborah) Modified filers and text on 5/19/2008 (akl). (Entered: 05/15/2008)
36 ORDER re 35 Stipulation filed by Equal Employment Opportunity Commission, Park Nicollet Health Services. Signed by Judge Ann D. Montgomery on 5/22/2008. (GS) (Entered: 05/22/2008)

 
 EEOC LITIGATION SETTLEMENT REPORT - May 2005

Page 1 of 1

z EEOC v. Park Nicollet Health System f/k/a Health System Minnesota d/b/a Park Nicollet Clinic No. 04-1711 ADM/AJB (D. Minn. May 18, 2005)
In its ADA complaint, the Milwaukee District Office alleged that defendant, one of the largest health care systems in Minnesota, refused to provide reasonable accommodations for a doctor with viral encephalitis and terminated her employment based on disability. Charging party, a board-certified family practitioner, worked for defendant from 1991 until 1999, when defendant terminated her. In 1995, she contracted viral encephalitis, which caused brain damage leaving her cognitively impaired and subject to seizures. Following treatment, she returned to her practice with some restrictions, which defendant accommodated by modifying her duties and reducing her schedule. After 4 years of successful practice with these accommodations, she took a medical leave of absence to evaluate her condition, which now included frequent migraine headaches, nausea, and vomiting. After an 8-month leave, during which she completed her medical evaluation and 3 months of vocational rehabilitation, charging party's doctors recommended that she return to work with restrictions similar to those she had been working under since contracting viral encephalitis. Defendant refused to permit charging party to return to work even after she was successfully evaluated, at defendant's request, by an independent review program which evaluates doctors with health problems.
Under the 3-year consent decree resolving this case, charging party will receive $155,000 in monetary relief. Defendant will provide charging party a positive letter of reference agreed to by the parties, and in response to oral requests for references will provide employment information consistent with the reference letter. Defendant is enjoined from discriminating against any employee on the basis of disability. Defendant will post a notice regarding the consent decree in a conspicuous place at its offices throughout Minnesota for the term of the decree.

http://www.eeoc.gov/litigation/settlements/settlement05-05.html

5/10/2007