Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 1 of 6
CV-S-00-1172

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CV-S-00-1172-0001

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Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 2 of 6

f.i i. c, ,: I ' I ,

, .. !.-," \ / ;." r •

1 2 3

"2NiOO MARY JO O'NEILL
ANAT EHRLICH

,t.l'.'" ". --,'"1

'_._,

,'\ 'J

PETER F. LAURA

'1co 7C' In _ /' ,

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION·" ') 20

255 E. Temple Street, 4th Floor

!

Los Angeles, California 90012

'

4 Telephone: (213) 894-1083

sY._."...

1h.::,J/Y - ~ . "'--...

5

Attorneys for Plaintiff

6

7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

11 U. S. EQUAL EMPLOYMENT

) CASE NO.:

OPPORTUNITY COMMISSION,

)

12

) COMPLAINT - CIVIL RIGHTS

Plaintiff,

) EMPLOYMENT DISCRIMINATION

13

) JURY TRIAL DEMAND

v.

) (42 U.S,C., §§ 2000e, et §ffi.)

14

)

TITANIUM METALS CORPORATION, ) CV-S-OO-l172-DWH-RJJ

15 INC. d/bla TIMET,

)

)

16

)

Defendant.

)

17

18

NATURE OF THE ACTION

19

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

20 Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of

21 sex, and to provide appropriate relief to Sherrie Sullivan ("Ms. Sullivan"), and other similarly

22 situated female employees who were adversely affected by such practices, Plaintiff Equal

23 Employment Opportunity Commission (the "EEOC" or "Commission") alleges that Ms. Sullivan

24 and other similarly situated female employees were discriminated against when they were sexually

25 harassed and subjected to a hostile work environment, because of their sex (female), during their

26 employment with Defendant Titanium Metals Corporation, d/bla Timet {"Defendant Employer").

27 III

28 III

OR!C~~"A,L 1

\

Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 3 of 6

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,

3 1343 and 1345.

4

2. This action is authorized and instituted pursuant to § 706(1)(1) and (3) of Title VII

5 of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(1)(1) and (3) ("Title VII") and

6 pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

7

3. The employment practices alleged to be unlawful were committed within the

8 jurisdiction of the United States District Court for the District of Nevada.

9

PARTIES

10

4. Plaintiff, Equal Employment Opportunity Commission, (the "Commission") is the

11 agency of the United States of America charged with the administration, interpretation and

12 enforcement of Title VII and is expressly authorized to bring this action under § 706(1)(1) and (3)

13 ofTitle VII, 42 U.S.C., § 2000e-5(1)(1) and (3).

14

5. At all relevant times, Defendant Employer Titanium Metals Corporation, d/b/a

15 Timet has continuously been doing business in the State of Nevada, and the City of Henderson,

16 and has continuously had at least fifteen (15) employees.

17

6. At all relevant times, Titanium Metals Corporation, d/b/a Timet has continuously

18 been an employer engaged in an industry affecting commerce within the meaning of §§ 701 (b),

19 (g) and (h) of Title VII, 42 U.S.C., §§ 2000e-(b), (g) and (h).

20

STATEMENT OF CLAIMS

21

7. More than thirty (30) days prior to the institution of this lawsuit, Sherrie Sullivan

22 filed a charge with the Commission alleging violations of Title VII by Defendant Employer. The

23 Commission has issued a Letter of Determination finding that Ms. Sullivan and other similarly

24 situated females were subjected to unlawful sexual harassment in violation of Title VII. All

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

26

8. Since at least June of 1996, Defendant Employer has engaged in unlawful

27 employment practices at its Henderson, Nevada location, in violation of § 703(a) of Title VII, 42

28 U.S.C. § 2000e-2(a) by sexually harassing Ms. Sullivan and other similarly situated female

2

Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 4 of 6

1 employees, which affected the terms and conditions of their employment.

2

9.

Although Defendant Employer had notice of the sexual harassment, it failed to

3 exercise reasonable care to prevent and/or promptly correct the sexually harassing behavior.

4

10. The effect of the practices complained of above has been to deprive Ms. Sullivan

5 and other similarly situated females of equal employment opportunities and to otherwise adversely

6 affect their employment status because of their sex, female.

7

11.

The unlawful employment practices of in paragraphs 8 through 10 above were

8 intentional.

9

12. The unlawful employment practices complained of above were committed with

10 malice or reckless indifference to the federally protected rights of Ms. Sullivan and other similarly

11 situated females.

12

12. As a direct and proximate result of the aforesaid acts of Defendant, Ms. Sullivan

13 and other similarly situated females have each suffered emotional pain, suffering, inconvenience,

14 loss of enjoyment of life, humiliation and damages, according to proof.

15

13. As a direct and proximate result of the aforesaid acts of Defendant, other similarly

16 situated females each suffered a loss of earnings in an amount according to proof.

17

PRAYER FOR RELIEF

18

Wherefore, the Commission respectfully requests that this Court:

19

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

20 successors, assigns and all persons in active concert or participation with them, from engaging in

21 any employment practice which discriminates on the basis of sex;

22

B. Order Defendant Employer to institute and carry out policies, practices, and

23 programs which provide equal employment opportunities for women, and which eradicate the

24 effects of its past and present unlawful employment practices;

25

C. Order Defendant to make whole other similarly situated females by providing

26 appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other

27 affirmative relief necessary to eradicate the effects of its unlawful employment practices;

28

D. Order Defendant Employer to make whole Ms. Sullivan and other similarly

3

Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 5 of 6

1 situated females to providing compensation for past and future nonpecuniary losses resulting from

2 the unlawful practices complained of in paragraphs 8 through 10 above, including emotional pain,

3 suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined

4 at trial;

5

E. Order Defendant Employer to pa~ Ms. Sullivan and other similarly situated females

6 punitive damages for its malicious and reckless conduct described in paragraphs 8 through 10

7 above, in amounts to be determined at trial;

8

F. Grant such further relief as the Court deems necessary and proper in the public

9 interest;

10 III

11 III

12 III

13 III

14 III

15 III

16 III

17 III

18 III

19 III

20 III

21 III

22 III

23 III

24 III

25 III

26 III

27 III

28 III

4

Case 2:00-cv-01172-JCM-RJJ Document 1 Filed 09/29/2000 Page 6 of 6

1

H. Award the Commission its costs in this action.

2

JURY TRIAL DEMAND

3

The Commission requests a jury trial on all questions of fact raised by its complaint.

4

Respectfully submitted,

5

C. GREGORY STEWART

General Counsel

6

GWENDOLYN REAMS

7

Associate General Counsel

8
9 10
11 Dated: S~ 1.."" I 'UrOO

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

12

l3

By:~~~)d£nJ

14

p'f''j-JI.CH

~ --v /

15

ial Attorney

16

17

By:~~~;,£~~=_ _

LAURA

18

. I Attorney

19

U. S. EQUAL EMPLOYMENT

20

OPPORTUNITY COMMISSION

255 E. Temple Street, 4th Floor

21

LosAngeles, CA 90012

22 S:\Lega\ Unit\TIMET\TimeLCMP

23

24

25

26

27

28

5

 
 Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 1 of 6

1 T 1. MOORE, LTD. THOMAS 1. MOORE
2 626 South Third Street Las Vegas, Nevada 89101
3 Phone: (702) 384-0111 Facsimile: (702) 870-1029
4
Attorney t:Jf Plaintiff SHERIRlE SULLIVAN
5

JUN I 4200/

CLE~~.. !;TRICT COURT eVADA

BY.

DEPUTY

6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

* * * * *

9 US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

~

10

)

Plaintiffs,

)

11

)

SHERRIE SULLIVAN 12

~

13

~ Plaintiff Intervener,

vs.

)

14

)

15 TIMET CORPORATION, a Corporation,

aka TITA]\fIUM METALS CORP.,

16 operating within Clark County, Nevada,

DOE Indiv\dual(s) I-X, and ROE 17 Corporation(s) I-X,

1

)

18

Defendants.

)

Case No. : CV-S-OO-II72-DWH-RJJ
PLAINTIFF'S INTERYENER COMPLAINT CIVIL RIGHTS ACTION BASED EMPLOYMENT DISCRIMINATION (42 U.S.c., §§ 2000e,.tl ~
JURY DEMANDED

19 ---------------------------)
NATURE OF THIS ACTION
20 I.
21 Thi;. action is brought under Title VI!, Civil Rights Act of 1964, as amended, and Title I of the Civil
22 Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide
23 appropriate relief to Sherrie Sullivan ("Ms. Sullivan"), and other similarly situated female employees who
24
were adversely affected by such practices. Plaintiff Equal Employment Opportunity Commission (the
25
"EEOC" or "Commission") alleges that Ms. Sullivan and other similarly situated female employees were
26 discriminated against when they were sexually harassed and subjected to a hostile work environment,
27
because their sex (female), during their employment with Defendant Titanium Metals Corporation, d/b/a
28 TIMET ("Defendant TIMET").

Page I of 6

35

Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 2 of 6

1

PARnES

2

n.

3

Plaintiff, Equal Employment Opportunity Commission, (the "Commission") is the agency of the

4 United Stales of America charged with the administration, interpretation and enforcement of Title VII and

5 is expressy authorized to bring this action under § 706 (f)(I) and (3) of Title VII, 42 US. C., § 2000e-

6 5(f)(I) and (3).

7

nr.

8

Plaintiff, Intervener, Sherrie Sullivan, was a female employee of DEFENDANT TIMET, at all times

9 relevant to this action. Sullivan is a citizen of the United States residing in Clark County, Nevada and is

10 expressly authorized to intervene in this action pursuant to § 706 (f)(1) of Title VII, 42 USc. § 2000-

11 e5(f)(1)

12

IV.

13

At all relevant times, Defendant TIMET has continuously been doing business in the State of

14 Nevada, and the City of Henderson, and has continuously had at least fifteen (15) employees.

15

V.

16

At all times relevant, Defendant TIMET has continuously been an employer engaged in an industry

17 affecting commerce within the meaning of §§ 701 (b), (g) and (h) of Title VII, 42 US.c., §§ 2000e-(b),

18 (g), and (h).

19

STATEMENT 0 F CLAIMS

20

VI.

21

More than 180 days prior to the institution of this lawsuit, Sherrie Sullivan filed a charge with the

22 Commission and NERC alleging violations of Title VII and NRS 613.310 et seq. by Defendant TIMET.

23 The Commission has issued a Letter of Determination finding that Ms. Sullivan an other similarly situated

24 females were subjected to unlawful sexual harassment in violation of Title VII and NRS 613.330. All

25 conditions precedent to the institution of this lawsuit have been fulfilled

26

VII.

27

Since at least June of 1996, Defendant TIMET has engaged in unlawful employment practices at

28 its Henderson, Nevada location, in violation of § 703 (a) of Title VII, 42 U.S.c. § 2000e-2(a) by sexually

harassing Ms. Sullivan and other similarly situated female employees, which affected the terms and

Page 2 of 6

Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 3 of 6

1 conditions of their employment. 2

vrn.

3

Although Defendant TIMET had notice of the sexual harassment, it failed to exercise reasonable

4 care to prevent and/or promptly correct the sexually harassing behavior.

5

IX.

6

Defendant TIMET caused or permitted unlawful retaliation against Ms. Sullivan after she reporting

7 sex harassment in the workplace.

8

~

9

The proper venue of this action is in this court as Plaintiff was working in this State and district at

10 the time of the illegal treatment.

11

XL

12

Pla.ntiff has suffered and will continue to suffer irreparable injury caused by Defendant's illegal

13 conduct.

14

STATE CLAIMS

15

XlL

16

Plaintiff invokes this court's jurisdiction pursuant to Rule 18 (a) of the Federal Rules of Civil

17 Procedure and 28 USc. § 1367 to hear and adjudicate claims arising out of the transactions set forth above

18 that violate rights and duties established by the law of the State of Nevada.

19

Xlii.

20

The treatment of Ms. Sullivan by Defendant TIMET constituted negligent supervision

21

XIV.

2 2

DeD~ndant TIMET negligently investigated the sex harassment of Ms. Sullivan.

23

KY.

24

Defi:ndant TIMET negligently supervised the employee proximately causing and encouraging the

25 sex harassment of Ms. Sullivan.

26

XVI.

27

Defendant TIMET invaded Ms. Sullivan's privacy and defamed her through untrue and unprivileged

28 communications tending to directly injure her reputation

Page 3 of 6

Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 4 of 6

1

XVII.

2

Defendant TIMET actions and failure to protect Ms. Sullivan's from sex harassment and retaliation

3 for reporting sex harassment were done with a conscious disregard for Ms. Sullivan's rights causing her to

4 suffer emotional distress.

5

PRAYER FOR RELIEF

6

Wherefore, the Plaintiff respectfully requests that this Court:

7

A. Grant a permanent injunction enjoining Defendant TIMET, its officers, successors, assigns

8

and all persons in active concert or participation with them, from engaging in any

9

employment practice which discriminates on the basis of sex;

10

B. Order Defendant TIMET, to institute and carry out policies, practices, and programs which

11

provide equal employment opportunities for women, and which eradicate the effects of its

12

past and present unlawful employment practices;

13

c. Order Defendant TIMET to make whole other similarly situated females by providing

14

appropriate back pay with prejudgment interest, in amounts to be determined at trial, and

15

other affirmative relief necessary to eradicate the effects of its unlawful employment

16

practices;

17

D.

Defendant be ordered to reinstate Plaintiff into the position or a position substantially

18

similar to the one from which she was transferred, with full salary, seniority, and benefits

19

running from the date of transfer.

20

E. Order Defendant Employer to pay Ms. Sullivan and other similarly situated females punitive

21

damages for its malicious and reckless conduct described in paragraphs 7 through 17 above,

22

in amounts to be determined at trial.

23

F. Order Defendant Employer to make Ms. Sullivan whole and other similarly situated females

24

by providing compensation for past and future non-pecuniary losses resulting from the

25

unlawful practices complained of in paragraphs 7 through 17 above, including emotional

26

pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to be

27

determined at trial.

28

G. Grant such further relief as the Court deems necessary and proper in the public interest;

H. Award ofattorneys fees and costs in this action.

Page 4 of 6

Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 5 of 6

1

JURY TRIAL DEMAND

2

3

Plaintiff Sherrie Sullivan requests a jury trial on all questions of fact raised by their complaint.

4

Respectfully submitted this 2. day of -{1~~, 2001.

5 6

/~RE' 1.

Ltd.

7

/'A~

8
t£OMAS 1. MOORE

9

Attorney at Law

626 South Third Street

10

Las Vegas, Nevada 89101

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Page 5 of 6

Case 2:00-cv-01172-JCM-RJJ Document 35 Filed 06/14/2001 Page 6 of 6

1

YERIFICA TJON

of

2

SHERRIE SULLIVAN

3

4 STATEOFNEVADA

)

) ss:

5 COUNTY OF CLARK

)

6
SHERRIE SULLIVAN, being first duly sworn, deposes and says: That She is a Plaintiff in the
7
above entitled action; That she has read the foregoing Complaint and knows the contents thereof, and that
8
the same is true of her own knowledge except for those matters based upon information and belief, which
9
she believes to be true. 10
11 SIGNED and DATED thisCL day of_::;--,--f'--,,~,,-,-,____,2001.
12 SHERRIE SULLIVAN
13

14

15

16 SUBSCRIBED and.5.W"oRN to before
17 me this ~~ay of ~(A' , 200 I.

Notary Stamp

18

19 N T Y PUBLIC In and 0
20 STATE and COUNTY.

21

22

23

24

25

26

27

28

Page 6 of 6

 
 Case 2:00-cv-01172-JCM-RJJ Document 53 Filed 10/30/2001 Page 1 of 5

1 ANNA Y. PARK, Regional Attorney PETER F. LAURA, Senior Trial Attorney
2 SUE J. NOH, Trial Attorney U.S. EQUAL EMPLOYMENT
3 OPPORTUNITY COMMISSION 255 E. Temple Street, 4th Floor
4 Los Angeles, CA 90012 Telephone: (213) 894-1082
5 Facsimile: (213) 894-1301
6 Attorneys for Plaintiff United States Equal Employment
7 Opportunity Commission

__- - - - - n = I ,

I
OCT 30 2001 j

Y CLERDIKS.TUR.,..~. u,~

ICT COURT dfvADA

!
i.

8Y

~ DEPUTY - •

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10 U. S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

11

)

Plaintiff,

)

12

)

SHERRIE SULLIVAN,

)

13

)

PlaintiffIntervener,

)

14

)

v.

)

15

)

TITANIUM METALS CORP., INC., )

16 d/b/a TIMET,

)

)

17

Defendant.

)

---------------------)
18

CASE NO.: CV S-OO-II72 DWH (RJJ)
FIRST AMENDED COMPLAINT -CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.)
JURY TRIAL DEMAND

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil

21 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation,

22 and to provide appropriate relief to Sherrie Sullivan ("Ms. Sullivan") and Sharon Owens ("Ms.

23 Owens") and other similarly situated female employees who were adversely affected by such

24 practices. The Commission alleges that Ms. Sullivan and Ms. Owens were sexually harassed

25 and subjected to a hostile work environment, because of their sex (female) and that Ms. Owens

26 and a class of other similarly situated female employees were retaliated against for complaining

27 about sexual harassment and the hostile work environment, during their employment with

28 Defendant Titanium Metals Corporation, d/b/a Timet ("Defendant Employer").

-1-

Case 2:00-cv-01172-JCM-RJJ Document 53 Filed 10/30/2001 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

3 1343 and 1345.

4

2. This action is authorized and instituted pursuant to Section 706(f)(1) and (3)of

5 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title

6 VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

7

3. The employment practices alleged to be unlawful were and are now being

8 committed within the jurisdiction ofthe United States District Court for the District of Nevada.

9

PARTIES

10

4. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

11 the agency ofthe United States of America charged with the administration, interpretation and

12 enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1)

13 and (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(I) and (3).

14

5. At all relevant times, Defendant Titanium Metals Corporation, d/b/a Timet,

15 ("Defendant Employer"), a Delaware corporation, has continuously been doing business in the

16 State of Nevada and the City of Henderson, and has continuously had at least 15 employees.

17

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

18 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

19 Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

20

STATEMENT OF CLAIMS

21

7. More than thirty days prior to the institution of this lawsuit Sherrie Sullivan filed

22 a charge with the Commission alleging violations of Title VII by Defendant Employer. The

23 Commission has issued a Letter of Determination finding that Ms. Sullivan and other similarly

24 situated females were subjected to unlawful sexual harassment and a hostile work environment in

25 violation of Title VII. Sharon Owens has been identified as a class member in this lawsuit for

26 sexual harassment. After the filing of this lawsuit, Ms. Owens filed a separate charge with the

27 Commission alleging violations of Title VII by Defendant Employer including sexual

28 harassment, hostile work environment and retaliation. The Commission has issued a Letter of

-2-

Case 2:00-cv-01172-JCM-RJJ Document 53 Filed 10/30/2001 Page 3 of 5

1 Determination finding that Ms. Owens and other similarly situated females were subjected to

2 unlawful sexual harassment and a hostile work environment and retaliation in violation of Title

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

4

8. Since in or about 1994, Defendant Employer has engaged in unlawful

5 employment practices at its Henderson, Nevada location, in violation of Section 703(a) of Title

6 VII, 42 U.S.c. § 2000e-2(a) by subjecting Ms. Sullivan, Ms. Owens and other similarly situated

7 female employees to sexual harassment and a hostile work environment, which affected the

8 terms and conditions of their employment.

9

9. Since in or about 1994, Defendant Employer has engaged in unlawful

10 employment practices at its Henderson, Nevada location, in violation of Section 704(a) of Title

11 VII, 42 U.S.C. § 2000e-3(a) by subjecting Ms. Owens and other similarly situated female

12 employees to retaliation, which affected the terms and conditions oftheir employment.

13

10. The effect of the practice(s) complained of in paragraphs 8 and 9 above has been

14 to deprive Ms. Sullivan, Ms. Owens and other similarly situated female employees of equal

15 employment opportunities and otherwise adversely affect their status as employees, because of

16 their sex and because Ms. Owens and other similarly situated female employees exercised their

17 rights under Section 704(a) ofTitle VII, 42 U.S.C. § 2000e-3(a).

18

11. The unlawful employment practices complained of in paragraphs 8 through 10

19 above were intentional.

20

12. The unlawful employment practices complained of in paragraphs 8 through 10

21 above were done with malice or with reckless indifference to the federally protected rights of Ms.

22 Sullivan, Ms. Owens, and other similarly situated female employees.

23

13. As a direct and proximate result of the aforesaid acts of Defendant, Ms. Sullivan,

24 Ms. Owens, and other similarly situated female employees have each suffered emotional pain,

25 suffering, inconvenience, loss of enjoyment of life, humiliation and damages, according to proof.

26

14. As a direct and proximate result of the aforesaid acts of Defendant, Ms. Sullivan,

27 Ms. Owens, and other similarly situated female employees suffered a loss of earnings in an

28 amount according to proof.

-3-

Case 2:00-cv-01172-JCM-RJJ Document 53 Filed 10/30/2001 Page 4 of 5

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully requests that this Court:

3

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

4 successors, assigns, and all persons in active concert or participation with it, from engaging in

5 any employment practice which discriminates on the basis of sex and/or retaliation.

6

B. Order Defendant Employer to institute and carry out policies, practices, and

7 programs which provide equal employment opportunities for women, and which eradicate the

8 effects of its past and present unlawful employment practices.

9

C. Order Defendant Employer to make whole Ms. Sullivan, Ms. Owens, and other

10 similarly situated female employees, by providing appropriate backpay with prejudgment

11 interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate

12 the effects of its unlawful employment practices, including but not limited to sexual harassment

13 and a hostile work environment and retaliation.

14

D. Order Defendant Employer to make whole Ms. Sullivan, Ms. Owens, and other

15 similarly situated female employees, by providing compensation for past and future pecuniary

16 losses resulting from the unlawful employment practices described in paragraphs 8 through 10

17 above, including backpay plus prejudgment interest, in amounts to be determined at trial.

18

E. Order Defendant Employer to make whole Ms. Sullvan, Ms. Owens, and other

19 similarly situated female employees by providing compensation for past and future nonpecuniary
20 losses resulting from the unlawful practices complained of in paragraphs 8 through 10 above,

21 including, but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life,

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

23

F. Order Defendant Employer to pay Ms. Sullivan, Ms. Owens, and other similarly

24 situated female employees punitive damages for its malicious and reckless conduct described in

25 paragraphs 8 through 10 above, in amounts to be determined at trial.

26

G. Grant such further relief as the Court deems necessary and proper in the public

27 interest.

28

H.

Award the Commission its costs of this action.

-4-

l Case 2:00-cv-01172-JCM-RJJ Document 53 Filed 10/30/2001 Page 5 of 5

1

JURy TRIAL DEMAND

2

The Commission requests a jury trial on all questions offact raised by its complaint.

3 4 5 6 7 8
9 Dated: September 26, 200 I
10

Respectfully Submitted,

GWENDOLYN REAMS Associate General Counsel

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801,"L" Street, N.W.
~;

ANNA . P

_

Regional Attorney

-----------

11

12 Senior . ttorney
l3

14

15 Trial Attorney
16

17

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

18

255 E. Temple Street, 4th Floor

Los Angeles, CA 90012

19

20

21 22

23

24 25

26 27 28

-5-

 
 Case 2:00-cv-01172-JCM-RJJ Document 142 Filed 12/13/2002 Page 1 of 3

•,r--

, ,

Cis

1 ANNA Y. PARK, Regional Attorney ....

PETER F. LAURA, Senior Trial Attorney

2 SUE J. NOH, Trial Attorney

US. EQUAL EMPLOYMENT

I

3 OPPORTUNITY COMMISSION

255 East Temple Street, 4th Floor

4 Los Angeles, CA 90012

Telephone: (213) 894-1076

5 Facsimile: (213) 894-1301

'tC..

ENTERED AN

SERVED D

I0~tijVtDE~C~17rb·:r-c·ad

BY

...7

DEPUTY

6 Attorneys for Plaintiff US. EQUAL EMPLOYMENT

7 OPPORTUNITY COMMISSION

....'". #;;:)

8

'. ';.. '\' t\

UNITED STATES DISTRICT COURT

9

" .
" '~.,~

DISTRICT OF NEVADA

10

U, S. EQUAL EMPLOYMENT

CASE NO.: CV S-OO-l172 JCM (RJJ) -;::

11 OPPORTUNITY COMMISSION,

~
[PROPOSED) ORDER REGARDING 'f3

12

DEFENDANT'S MOTION TO SlAY

Plaintiff,

SHERRIE SULLIVAN'S TITLE VII

13

CLAIM AND COMPEL

SHERRIE SULLlVAN,

ARBITRATION AND ORDER

14

REGARDING DEFENDANT'S

Plaintiff Intervener,

MOTIONS FOR SUMMARY

15 v.

JUDGMENT

16 TITANIUM METALS CORP., INC., d/b/a TIMET,
17 Defendant.
18

19

This Court having reviewed Defendant's Motion to Stay Sherrie Sullivan's Title VII

20 Cairn and Compel Arbitration, and Defendant's Motions for Summary Judgment regarding

21 Sherrie Sullivan, Carol Allen, Julie Chaney, Sharon Owens, Peggy Mowinski and Marla Lujan,

22 arid Plaintiffs and Plaintiff-in-Intervention's response thereto, and having heard oral argument

23 regarding Defendant's Motions on December 9,2002, hereby issues tlie following order:

24

(1.) Defendant's Motion to Stay Sherrie Sullivan's Title VII Claim and Compel

25

Arbitration is denied;

26 II;

27 II;

28 III

1

\42.

Case 2:00-cv-01172-JCM-RJJ Document 142 Filed 12/13/2002 Page 2 of 3

1

(2.) Defendant's Motions for Summary Judgment regarding Carol Allen, Julie

2

Chaney, Sharon Owens, Peggy Mowinski and Marla Lujan are denied insofar as

3

there are genuine issues of material fact with regard to Plaintiffs claims on their

4

behalf;

5

(3.) Defendant's Motion for Summary Judgment regarding Sherrie Sullivan is denied

6

regarding her Title VII claims insofar as there are genuine issues of material fact

7

with regard to her Title VII claims and granted as to her state law claims.

8

9

10

11

DATE: ~. {"?('2..00 '1.-

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

Case 2:00-cv-01172-JCM-RJJ Document 142 Filed 12/13/2002 Page 3 of 3

1

DECLARATION OF MAILING

2

I am, and was at the time the herein mentioned mailing took place, a citizen ofthe United

3 States, over the age of eighteen (18) years and not a party to the above-entitled cause. I am

4 employed in the Litigation Unit of the Los Angeles District Office of the United States Equal

5 Employment Opportunity Commission.

6

My business address is Equal Employment Opportunity Commission, Los Angeles

7 District Office, 255 East Temple Street, Fourth Floor, Los Angeles, CA 90012.

8

On the date that this declaration was executed, as shown below, I served the foregoing

9 ~ROPOSED! ORDER REGARDING DEFENDANT'S MOTION TO STAY SHERRIE

10 SljLLIVAN'S TITLE VII CLAIM AND COMPEL ARBITRATION AND ORDER

11 REGARDING DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT in sealed

12 envelopes with postage therein fully prepaid, in regular mail at Los Angeles, County of Los

13 Angeles, State of California, each of which envelope(s) was addressed respectively as follows:

14 G<~orge E. Yund, Esq. Frost & Jacobs LLP
15 2500 PNC Center, 201 East Fifth Street Cincinnati, OR 45202-4182
16 Elavna J. Youchah
17 Schreck Brignone Godfrey 1200 Bank of America Plaza
18 300 South Fourth Street Las Vegas, NY 89101
19

Thomas J. Moore, Esq. Attorney at Law 830 E. Charleston Blvd., Las Vegas, NY 89104

20

1 declare under penalty of peIjury that the foregoing is true and correct.

21

Executed on December 11, 2 0 at Los Angeles, California.

22

/'
/

.0/

23

24

25

26

27

28

3

 
 Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 1 of 14

-_., , .
UNITED STATES DISTRIC':(COURT

DISTRICT OF NEV~ .;'.':'; ?1 ~) ~: ,--, I

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

md

)

)

SHERRIE SULLIVAN,

)

)

Plaintiff Intervenor

)

)

v.

)

)

TITANIUM METALS

)

CORPORATION, INC. d/b/a TIMET, )

)

Defendant.

)

, M£
Case No. CV-S-OO~ 1172-JCM (RJJ)

" flL£1l .

RECEIVED

ENTERED

SERVED ON

--

toUNSEuPARTIES OF RECORD

JUN 3 0 2003

CLERK US DISTRICT COURT DISTRICT Of NEVAP. .
STIPULA' rl)D ENTRY OF "~EPUTY
DISMISSAL WITH PREJUDICE

This lawsuit is hereby dismissed with prejudice. This Court shall retain continuing jurisdiction to enforce the settlement of this laws .. The Settlement

Judge

03

Agreed ~~~~A~~~~~~- .----:::-::::.----im::FiVEo"l

Equal Employment nity Commission

::x FILED

RECEIVED

-u
~

ENTERED

SERVED ON
COUNSELJPARllES OF RECORD

For Intervenor Sherrie Sullivan

178

- Case 2:00-cv-01172-JCM-RJJ

Document 178

Filed 06/30/2003

Page 2 of 14

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

SHERRIE SULLIVAN,

)

)

Plaintiff Intervenor

)

)

v.

)

)

TITANIUM METALS

)

CORPORATION, INC. d/b/a TIMET, )

)

Defendant.

)

Case No. CV-S-OO-ll72-JCM (RJJ)
.1
SETTLEMENT AGREEMENT

1. On September 29, 2000, the United States Equal Employment Opportunity Commission ("Commission") instituted in the United States District Court for the District of Nevada, a lawsuit entitled United States Equal Employment Opportunity Commission v. Titanium Metals Corp.. Inc. d/b/a Timet, Case Number CV S-OO-II72 JCM (RJJ) ("Settled Action") for violation of Title VII of the Civil Rights Act of 1964, as amended. The Commission filed suit based on charges of discrimination alleging hostile environment sexual harassment and retaliation. PlaintiffIntervenor Sherrie Sullivan ("Sullivan") filed a complaint in intervention which included Nevada state law claims that were dismissed on summary judgment, and an action under Title VII as to which an appeal is pending before the U.S. Ninth Circuit Court of Appeals ("the Appeal").
2. The Commission, Sullivan and Titanium Metals Corp. ("Timet") seek to bring the Settled Action to a conclusion and to avoid incurring further costs and burdens incident to this

- Case 2:00-cv-01172-JCM-RJJ

Document 178

Filed 06/30/2003

Page 3 of 14

litigation. The Commission, Sullivan and Timet agree that the Settled Action shall be resolved by this Settlement Agreement ("Agreement"), which is applicable only to Timet's Henderson, Nevada, facility.
3. This Agreement is not an admission by any party as to the claims or defenses of any other party.
4. After receipt by Timet of general releases from Sullivan, Mary Carol Allen, Julie Chaney, Marla Qualtieri (flk/a Marla Lujan), Peggy Mowinski and Sharon Owens, in a form satisfactory to them and Timet, the parties will dismiss the Settled Action and the Appeal with prejudice, with the Court retaining continuing jurisdiction to enforce the terms of this Agreement. The parties will attach this Agreement to the entry of dismissal filed with the District Court. The Commission and Timet will issue only one press release announcing the settlement, a copy of which is attached hereto marked Exhibit A. Sullivan shall not issue any press release or make any public statement about the Settled Action or this Agreement. Timet will reimburse Allen, Chaney, Qualtieri, Mowinski and Owens up to $400.00 each for legal fees actually incurred by them for review of and advice concerning such general releases. The general releases have been negotiated entirely between Timet and the class members and their respective attorneys. The EEOC does not endorse the general releases and has had no role in negotiating the terms thereof.
5. Timet agrees to pay: a) $170,000.00 to the following persons on whose behalf the Commission filed the Settled Action: Mary Carol Allen; Julie Chaney; Marla Qualtieri (£lk/a Marla Lujan); Peggy Mowinski; Sharon Owens; and Sherrie Sullivan; and b) $47,500.00 to Sullivan's attorney, Thomas J. Moore, in full satisfaction of all of Sullivan's claims against Timet for attorneys fees and expenses. Within ten (10) days following the Entry of Dismissal of

2

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 4 of 14
the Settled Action, the Commission shall designate that portion of the total sum payable to each of the persons listed above, together with the current addresses of each such person, in a notice directed to Timet's General Counsel. Within twenty-one (21) days following receipt of such notice, Timet shall make the payments so designated, separately to each such person, by check sent by overnight delivery to each such person at the addresses supplied by the Commission, with copies of the checks and any correspondence that accompanies such checks to the Regional Attorney, United States Equal Employment Opportunity Commission, 225 East Temple Street, 4th Floor, Los Angeles, CA 90012. These payments represent settlement of compensatory damages and attorney's fees, there being no claims for loss of payor benefits. Timet will issue 1099 forms for all payments. In further consideration of the dismissal of the Settled Action, Sullivan will be transferred into the Inspection Department at Timet's Henderson, Nevada plant within 10 days of the entry of dismissal of the Settled Action, with an Inspection Department seniority date that is one day junior to the Inspection Department seniority date of the most junior person in the Inspection Department on the day Sullivan transfers into the Inspection Department.
6. Timet shall expunge from the personnel files of each class member all references to the charges of discrimination filed against Timet or their participation in this action.
7. Timet agrees not to permit unlawful sexual harassment or retaliation at its Henderson, Nevada, facility for the duration of this Agreement.
8. Timet shall post for the duration of this Agreement, III a prominent place frequented by its employees at its Henderson, Nevada, facility, the notice attached hereto as Exhibit B. The notice shall be the same type, style and size as Exhibit B.
3

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 5 of 14
9. Timet agrees to provide and pay for training for its Henderson, Nevada workforce regarding sexual harassment and retaliation. The trainer will be independent of the EEOC and Timet, but will be approved by both. If the EEOC does not approve of the trainer suggested by Timet, the EEOC and Timet will request that Magistrate Judge Johnston select a trainer. The training will be provided in person at least once during the term of this Agreement at Timet's Henderson, NV facility. All employees then employed at the facility will be required to attend the training either in person or subsequently by videotape. The training session will be a minimum of one hour in duration for non-supervisory employees and two hours for supervisors. Timet will certify to the EEOC that such training has been provided within 6 months after the dismissal of the Settled Action. Timet will provide such additional training to all employees then employed at its Henderson, NV facility as it deems necessary or appropriate within the lih through 18th month following the dismissal of the Settled Action, which may be provided by a non-employee service provider or performed by Timet personnel, and Timet will certify to the EEOC when it has completed such training.
10. The training shall include the subject of what constitutes sexual harassment and retaliation; that sexual harassment and retaliation in the hiring, firing, compensation, assignment, or other terms, conditions, or privileges of employment violates Title VII; how to provide a work environment free from sexual harassment and retaliation; to whom and by what means employees may complain if they feel they have been subjected to sexual harassment or retaliation in the workplace; and review and provide an explanation of Timet's sexual harassment and retaliation policies.
I\. During such training, a written statement of Timet's Chief Executive Officer shall be provided to employees that: Timet does not permit, and is committed to maintaining an
4

--. Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 6 of 14
environment free of, unlawful sexual harassment and retaliation, discipline will be taken against supervisors, managers, and employees at Timet who engage in acts of unlawful sexual harassment or retaliation, and Timet will make available its policy regarding sexual harassment and retaliation.
12. Timet will continue to maintain and publish to its Henderson, Nevada, workforce, a policy forbidding unlawful sexual harassment and retaliation, distribute a copy of such policy to all new employees, and re-distribute a copy to all employees at least once each year for the two years following the dismissal of the Settled Action.
13. Timet shall report twice each year during the term of this Agreement in affidavit form to the Regional Attorney of the Commission's Los Angeles Office located at 255 East Temple Street, 4th Floor, Los Angeles, CA 90012, with the first report to be submitted six months from the dismissal of the Settled Action, and subsequent reports to be submitted thereafter every six months during term of this Agreement, the following information:
(a) Any and all amendments, modifications, revocations, or revisions to Timet's sexual harassment or retaliation policies.
(b) The name, address, position, social security number, and telephone number of any hourly employee at Timet's Henderson, Nevada facility, who has made allegations, either formally or informally, of sexual harassment or retaliation against Timet during the six months preceding the report. The nature of the complaint, the response by Timet's management including, if applicable, any corrective action taken shall be specified.
5

- Case 2:00-cv-01172-JCM-RJJ

Document 178

Filed 06/30/2003

Page 7 of 14

(c) The list of persons attending the training required in paragraph 10 of this Agreement and a list of personnel employed by Timet's Henderson, Nevada facility on the day of the training session.
(d) Confirmation that (i) the Notice required in paragraph 9 of this Agreement was posted and the locations where it was posted, and (ii) the policy required in paragraph 13 was distributed as agreed.
14. In the event that the Commission believes that Timet has failed to comply with any provision of this Agreement, the Commission shall notify Timet in writing of such belief and the reasons therefor in sufficient detail, and shall afford Timet a reasonable period of not less than ten (10) business days to remedy the alleged non-compliance.
15. If Timet believes that it has in fact complied with such identified provision of this Agreement, it shall notify the Commission in writing within ten (10) business days after receipt of the Commission's notice of non-compliance, and the Commission or Timet may then apply to this Court by motion for appropriate relief, including but not limited to a resolution of the dispute, a determination of whether Timet is in compliance and, if not, an appropriate order to enforce the provisions of this Agreement. The parties agree that the remedies available and procedures used for any breach of this Agreement shall be those available and used for breach of a consent decree, except that criminal contempt may not be sought under any circumstances. The parties further agree that EEOC or Timet may apply to the Court for enforcement of this Agreement, except that Sullivan may seek enforcement of Timet's agreement to make payments to her and her counsel and all other non-monetary relief accorded to Sullivan as stated in paragraph 5 of this Agreement.

6

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 8 of 14
16. All provisions of this Agreement shall be in effect for a period of two years commencing on the date of Entry of Dismissal of the Settled Action.
17. Any notices to the Commission shall be sent to the Regional Attorney, United States Equal Employment Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012. Any notices to Timet shall be sent to Timet's General Counsel, Titanium Metals Corp., 1999 Broadway, 43rd Floor, Denver, CO 80202
18. This Agreement is and shall be binding on the present and future officers, directors, agents, trustees, administrators, successors, assigns, representatives and employees of the Commission, Sullivan and Timet.
19. The Commission and Timet agree that each will bear its own costs and attorney's fees associated with the Settled Action and this Agreement, and Sullivan agrees that Timet shall have no other obligation to pay for her attorney's fees and expenses than that set forth in a separate agreement between Sullivan and Timet.
20. If any provision of this Agreement is deemed to be invalid, unenforceable, or void for any reason, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of the Agreement and shall not affect the validity or enforceability of the remaining portions, provisions, or parts.
7

- Case 2:00-cv-01172-JCM-RJJ

Document 178

- Filed 06/30/2003

Page 9 of 14

21. By their signatures below, the Attorney for the EEOC and the officer of Timet represent that they have full and complete authority to bind their clients to the terms of the Agreement, and Sullivan and her attorney represent that they have full and complete authority and agree to be bound by the terms of this Agreement.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DATED: _________________ DATED: _________________ DATED: _________________ DATED: _________________

By ______________________________ Gregory Gochanour, Acting Regional Attorney
TITANIUM METALS CORPORAnON
By '~~ b\ . rv.----Jo russe, General Counsel SHERRIE SULLIVAN
Sherrie Sullivan Approved:
Thomas J. Moore

8

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 10 of 14

u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
DATED: _________________

DATED: _________________ DATED: _________________ DATED: ________________

TITANIUM METALS CORPORATION By ______________________________
Joan Prusse, General Counsel SHERRIE SULLIVAN
Sherrie Sullivan Approved:
Thomas J. Moore

8

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 11 of 14

21. By their signatures below, the Attorney for the EEOC and the officer of Timet represent that they have full and complete authority to bind their clients to the terms of the Agreement, and Sullivan and her attorney represent that they have full and complete authority and agree to be bound by the terms of this Agreement.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DATED: _________________ DATED: _________________

By ______________________________ Gregory Gochanour, Acting Regional Attorney
TITANIUM METALS CORPORATION
By _________________________________ Joan Prusse, General Counsel
SHERRIE SULLIVAN

8

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 12 of 14

L.A.D.O. OFFICE LETTERHEAD

Exhibit A

FOR IMMEDIATE RELEASE ADD DATE

CONTACT: Gregory Gochanour Acting Regional Attorney (213) 894-1080

Or TIMET:

Joan Prusse General Counsel (303) 296-5600

EEOC AND TIMET SETTLE SEXUAL HARASSMENT LAWSUIT ****************
Settlement Includes Anti-Discrimination Training and Monitoring of Company
LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) and the Titanium Metals Corporation ("TIMET") today announced the settlement of a sexual harassment lawsuit against TIMET, filed on September 29, 2000 on behalf of six female former and current employees of TIMET's Henderson, NY facility. Without admitting any liability in the lawsuit, under the settlement TIMET has agreed it will not permit unlawful sexual harassment or retaliation, will conduct comprehensive anti-discrimination training, and has agreed to record-keeping and reporting obligations to be monitored by the EEOC over the duration of the two year term of the Settlement Agreement.
The EEOC's lawsuit alleged that current and former female employees were sexually harassed by supervisors or co-workers at the TIMET facility in Henderson, Nevada, and certain were retaliated against. The litigation was filed in the U.S. District Court, District of Nevada in September, 2000 (EEOC v. Titanium Metals Corporation, Inc. d/b/a TIMET, CV S-OO-II72 JCM (RJJ)).
"Sexual harassment is still a serious problem in the U.S. workforce that employers should pay attention to," said Gregory Gochanour, Acting Regional Attorney for the EEOC's Los Angeles District Office. "EEOC guidelines and Supreme Court rulings make it crystal clear that employers are responsible for taking swift action to address and correct sexual harassment once they become aware of it. "
Peter F. Laura, a Senior Trial Attorney of the EEOC's Los Angeles District Office, said: "We have seen substantial improvement in the way TIMET handles sexual harassment complaints in the last few years. We expect that to continue."
TIMET's General Counsel, Joan Prusse, said: "TIMET has always been committed to a workplace that is free of unlawful sexual harassment and retaliation, and we are pleased to have reached a settlement that enables us to put this lawsuit behind us and avoid the time and expense of further legal proceedings. "

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 13 of 14
JOINT EEOC AND TIMET PRESS RELEASE - Page 2
TIMET, headquartered in Denver, Colorado, is a leading worldwide producer of titanium metal products. Information on TIMET is available on the internet at www.timet.com.
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin, the EEOC enforces the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, the Equal Pay Act and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
# # #

Case 2:00-cv-01172-JCM-RJJ Document 178 Filed 06/30/2003 Page 14 of 14

NOTICE TO ALL EMPLOYEES

Exhibit B

This Notice is posted pursuant to a Settlement Agreement reached by TIMET with the Equal Employment Opportunity Commission ("EEOC") resolving a lawsuit brought against the Company.

In its suit, the EEOC alleged that several women employees were subjected to a sexually hostile working environment and were retaliated against in violation of Title VII of the Civil Rights Act of 1964 ("Title VIr'). TIMET denies the allegations.

To resolve this lawsuit, the parties have agreed that TIMET will not permit unlawful sex harassment or retaliation and will continue to maintain policies that prohibit sexual harassment at its Henderson, Nevada, facility. TIMET has also agreed to:
• provide periodic reports to the EEOC of any complaints of sexual harassment at its Henderson, Nevada facility; and
• provide training regarding sexual harassment for its Henderson, Nevada, employees.

If you believe that you have been SUbjected to sexual harassment you are encouraged to report the incident immediately to (a) your supervisor, or (b) TIMET's Human Resources Department at extension 251, or (c) the Nevada Equal Rights Commission ('NERC") at (702) 486-7161, or (d) the EEOC at 255 East Temple St., 4th Floor, Los Angeles, CA 90012, (213) 894-1000.

No action may be taken against you by any management official of TIMET for: (l) opposing, in good faith, discriminatory practices made unlawful by federal law, (2) filing a charge or assisting or participating in the filing of a charge of discrimination, in good faith, or (3) assisting or participating, in good faith, in an investigation brought under Title VII.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material.

Date:_ _ _ _ _ _ _ __

Titanium Metals Corporation

By __~__~_________________ Plant Manager

Equal Employment Opportunity Commission

By __~~~~________________ District Director

CinLibraryI1277743.9

 
 CM/ECF - nvd - District Version 2.05 - Docket Report

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United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:00-cv-01172-JCM-RJJ

EEOC v. TITANIUM METALS Assigned to: Judge James C. Mahan Referred to: Magistrate Judge Robert J. Johnston

Date Filed: 09/29/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff U.S. Equal Employment Opportunity

represented by Anat Ehrlich U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O' Neill U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter F. Laura United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sue J. Noh United States Equal Employment Opportunity Commission Legal Unit

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V. Intervenor Plaintiff Sherrie Sullivan
V. Defendant Titanium Metals Corporation

255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: sue.noh@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thomas J. Moore T.J. Moore, Ltd. 830 E Charleston Blvd Las Vegas, NV 89104702-870-2788 Fax: 702-870-1029 Email: mooretj@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A. Skidmore, Jr Frost, Brown & Todd 2200 PNC Center 201 E. 5th Street Cincnnatti, OH 45202(513) 651-6824 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elayna J Youchah Brownstein Hyatt Farber Schreck, P.C. 300 S. Fourth St Suite 1200 Las Vegas, NV 89101(702) 382-2101 Fax: (702) 382-8135 Email: eyouchah@bhfs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George Yund Frost, Brown & Todd 2200 PNC Center 201 E. 5th Street

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Date Filed 09/29/2000 10/06/2000 10/11/2000 10/26/2000
12/01/2000 12/01/2000
12/01/2000
12/15/2000 12/22/2000 12/28/2000 12/29/2000 01/25/2001 01/31/2001

Cincnnatti, OH 45202(513) 651-6824 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mekesha Montgomery Frost, Brown & Todd 2200 PNC Center 201 E. 5th Street Cincnnatti, OH 45202(513) 651-6824 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT by Plf w/jy dmd. (Entered: 02/10/2003)

2 LETTER cpy of ltr re ene program. cpys dist. (Entered: 02/10/2003)

SUMMONS ISSUED (1) obo P. (Entered: 02/10/2003)

3 WAIVER OF SERVICE EXECUTED toPeter F. Laura waived on 10/4/00. Party waiving svc Titanium Metals Corp, d/b/a Timet. obo P. (Entered: 02/10/2003)

4 MOTION TO DISMISS obo D. (m)(DISPO: oppo #7, reply #8. DENIED AS MOOT PER #27 ORD (Entered: 02/10/2003)

5 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE (LSW/do) George E. Yung out of state cnsl obo D. Elayna J. Youchah lcl cnsl obo D. (m) cpys dist. (Entered: 02/10/2003)

6 DESIGNATION OF LOCAL COUNSEL (LSW/do) Elayna J. Youchah lcl cnsl obo D. George E. Yund out of state cnsl obo D. cpys dist. (Entered: 02/10/2003)

7 RESPONSE IN OPPOSITION TO MOTION to D's (4) mtn to dism obo P. (m) (Entered: 02/10/2003)

MISCELLANEOUS DOCUMENT stip & req for ext of time for P. & D. to conduct rule 26 meeting to Jane B. (Entered: 02/10/2003)

8 REPLY TO RESPONSE TO MOTION in supt of (4) mtn to dism obo D's (m) (Entered: 02/10/2003)

9 ORDER ON STIPULATION ORD that the parties have (30) days or 1/30/01 to conduct the Rule 26 meeting. cpys dist. (Entered: 02/10/2003)

10 CERTIFICATE OF INTERESTED PARTIES obo D. (m) (Entered: 02/10/2003)

MISCELLANEOUS DOCUMENT stip & ord setting settlmnt conf. to

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01/31/2001 02/07/2001
02/07/2001 02/07/2001 02/07/2001 02/09/2001
02/09/2001
02/13/2001 02/15/2001 02/15/2001 02/16/2001 02/21/2001 02/22/2001 03/02/2001
03/06/2001 03/12/2001 03/19/2001

Jane B. (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip disc plan/schdlng ord. to Jane. B. (Entered: 02/10/2003)
11 MOTION FOR MISCELLANEOUS RELIEF to intervene as P. obo P. Sherrie Sullivan (NSS)(DISPO: non oppo #21, oppo obo D. #24, (reply due 4/10/01 per #28 ord)., reply # 29 . GRNTD PER # 34 ORD. (Entered: 02/10/2003)
13 SCHEDULING ORDER ORD DISC DUE 1/1/02; DISPO MTNS DUE 2/1/02; PTO DUE 3/1/02. cpys dist. (Entered: 02/10/2003)
14 ORDER ORD the parties to file a Jnt status rpt on 7/01/01 & on 9/01/01. cpys dist. (Entered: 02/10/2003)
12 ORDER ON STIPULATION ORD that P. & D. will procd w/ a settlemtn cnf on 3/1/01 @ 8:30 a.m. cpys dist. (Entered: 02/10/2003)
15 MOTION FOR MISCELLANEOUS RELIEF to permit appearance of govt atty Anna Y. Park obo P. (m)(DISPO: GRNTD PER #33 ORD (Entered: 02/10/2003)
16 MOTION FOR MISCELLANEOUS RELIEF to permit appearance of Sue J. Noh govt atty obo P. (m)(DISPO:GRNTD PER #32 ORD (Entered: 02/10/2003)
17 CERTIFICATE OF SERVICE of P's mtn to intervene as P. in U.S. Mail and fax obo P. (Entered: 02/10/2003)
18 MAIL RETURNED of #14 ord fr: Mary Jo O'Neil. attempted not known. (Entered: 02/10/2003)
19 MAIL RETURNED of #14 ord fr: anat Ehrilich. attempted not known. (Entered: 02/10/2003)
20 MAIL RETURNED of ord #12 fr . Peter F. Laura, return to sndr attempted not known. (Entered: 02/10/2003)
21 STATEMENT of non-oppo to Sullivan's (11) mtn to intervene obo P. (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip & ord for ext to resp to Sherrie Sullivan's mtn to intervene as P. to JB. (Entered: 02/10/2003)
22 ORDER ON STIPULATION ORD that both parties have until 3/12/01 to resp to Sherrie Sullivans's (11) mtn to intervene as P. cpys dist. (Entered: 02/10/2003)
23 ORDER ORD no settlmnt was reached @ this time. cpys dist. (Entered: 02/10/2003)
24 RESPONSE IN OPPOSITION TO MOTION to Sherrie Sullivan's (11) mtn to intervene obo D. (m) (Entered: 02/10/2003)
26 NOTICE (OTHER) that D's (4) mtn to dism is moot obo D. (m) (Entered:

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03/19/2001 03/21/2001
03/26/2001 03/28/2001
04/06/2001 05/15/2001
05/15/2001
06/14/2001 06/14/2001
06/14/2001 06/14/2001
06/26/2001 07/02/2001 07/11/2001 07/12/2001 08/23/2001

02/10/2003)
25 ANSWER TO COMPLAINT obo D. (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip & ord for ext of time to file reply in supt of Sherrie Sullivan's mtn to intervene as P. to JB (Entered: 02/10/2003)
27 ORDER ORD that D's (4) mtn to dism is DENIED as MOOT. cpys dist. (Entered: 02/10/2003)
28 ORDER ON STIPULATION ORD that Intervenor Sullivan has until 4/10/01 to file a reply in supt of her (11) mtn to intervene. The EEOC has no oppo to this ext. cpys dist. (Entered: 02/10/2003)
29 REPLY TO RESPONSE TO MOTION to D's oppo to P's (11) mtn to intervene obo P. Sherrie Sullivan. (m) (Entered: 02/10/2003)
30 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE (LSW/do) Mekesha H. Montgomery out/state cnsl obo D. Timet. Lcl cnsl Elayna J. Youchah obo D. cpys dist. (Entered: 02/10/2003)
31 DESIGNATION OF LOCAL COUNSEL (LSW/do) Elayna J. Youchah lcl cnsl obo D. Timet. Mekesha H. Montgomery out/state cnsl obo D. cpys dist. (Entered: 02/10/2003)
33 ORDER ORD that atty for P. Anna Y. Park is grntd to practice before this crt in all matters in this action. cpys dist. (Entered: 02/10/2003)
34 ORDER ORD that Intervenor Sherrie Sullivan's mtn (11) to intervene is GRNTD. The clk shall detatch the propsed cmplt fr Sherrie Sullivan's mtn and file it. D. Shall have (30) days fr the date of this ord to file a resp to Sherries cmplt. cpys dist. (Entered: 02/10/2003)
35 INTERVENOR COMPLAINT by Invervenor Sherrie Sullivan w/jy dmd. (Entered: 02/10/2003)
32 ORDER ORD that Atty for P. Sue J. Noh is granted to practice before this crt in all matters related to this action. cpys dist. (Entered: 02/10/2003)
36 ORDER ORD that on 7/20/01 P & D's shall file a disc plan/schldng ord. cpys dist. (Entered: 02/10/2003)
37 STATUS REPORT obo D. cpy to RJJ (Entered: 02/10/2003)
38 ANSWER TO COMPLAINT to P. Intervener's cmplt obo D. (m) (Entered: 02/10/2003)
39 ORDER ORD that the crts ord (36) is VACATED as a disc plan/schdlng ord was entered in this case on 2/3/01. cpsy dist. (Entered: 02/10/2003)
40 MOTION FOR PROTECTIVE ORDER memo of P/A; declaration of Peter F. Laura obo P. (m)(DISPO: oppo #43, reply #44. DENIED PER #51 ORD (Entered: 02/10/2003)

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09/05/2001 09/10/2001
09/10/2001 09/24/2001 09/24/2001
09/27/2001
09/28/2001 10/09/2001
10/16/2001 10/23/2001 10/23/2001 10/29/2001
10/30/2001 10/30/2001 11/01/2001 11/08/2001 11/14/2001 11/20/2001

41 STATUS REPORT obo D. cpy to RJJ (Entered: 02/10/2003)
42 MOTION FOR PROTECTIVE ORDER re: class members' mental & medical health recds obo P. (m)(DISPO: oppo #45, reply #47. GRNTED PER #51 ORD (Entered: 02/10/2003)
43 RESPONSE IN OPPOSITION TO MOTION to P's (40) mtn for P/O obo D. (m) (Entered: 02/10/2003)
44 REPLY TO RESPONSE TO MOTION to D's oppo to P's (42) mtn for P/O obo P. (m) (Entered: 02/10/2003)
45 RESPONSE IN OPPOSITION TO MOTION to P's (42) mtn for P/O re: Class members mental & medical health recds obo D. (m) (Entered: 02/10/2003)
46 MOTION FOR MISCELLANEOUS RELIEF mtn for lv to amd cmplt ; declaration of Sue J. Noh obo P. EEOC (m)(DISPO: non-oppo #48. GRNTD PER #52 ORD (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip & ord setting disc conf to Jane B. (Entered: 02/10/2003)
47 REPLY TO RESPONSE TO MOTION to D's oppo to P's (42) mtn for P/O re: Class members mental & med health recds obo P. (m) (Entered: 02/10/2003)
48 NON-OPPOSITION to EEOC's (46) mtn for lv to amd cmplt& renewed req for hrng on outstaning disc mtns obo D. (m) (Entered: 02/10/2003)
50 ORDER ON STIPULATION ORD that a hrng will be held on 10/29/01 @ 9:00 bfr RJJ. cps dist. (Entered: 02/10/2003)
49 ORDER ORD that a hng for a conf call is schld for 10/29/01 @ 1:30 pm on a req for disc & two mtns for P/O.. cps dist. (Entered: 02/10/2003)
51 ORDER ORD that P's (40) mtn for P/O is DENIED. FUR ORD P's mtn for P/O #42 is GRNTD as to EEOC & DENIED as to P. Sherrie Sullivan. (Tape 01-4-72) cps dist. (Entered: 02/10/2003)
53 AMENDED COMPLAINT (1st) by Plf w/jy dmd. (Entered: 02/10/2003)
52 ORDER ORD that P is grntd lv of crt to amd its cmplt to add a claim for D. Titanium Metals Corp. cps dist. (Entered: 02/10/2003)
54 STATUS REPORT obo D (NSS) cps to RJJ (Entered: 02/10/2003)
55 ANSWER TO COMPLAINT to (53) amd'd cmplt obo D. (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip & ord to extd disc & cont ddls to Jane B. (Entered: 02/10/2003)
56 ORDER ORD that the stip to extd disc & cont ddl's recd 11/14/01 is denied. cps dist. (Entered: 02/10/2003)

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12/10/2001 12/12/2001 12/19/2001 01/23/2002 01/23/2002 02/09/2002 02/12/2002 02/20/2002 02/27/2002 02/27/2002 02/27/2002 03/11/2002 03/11/2002 03/11/2002 03/25/2002 04/05/2002

MISCELLANEOUS DOCUMENT stip & ord to extd disc & cont ddl's to Jane B. (Entered: 02/10/2003)
57 TRANSCRIPT Re: Discovery Conf & mtns for P/O (tele conf) Trnscription by: Northwest Transcripts. LV, NV 10/29/01 @ 1:40 pm. (Entered: 02/10/2003)
58 ORDER ON STIPULATION ORD that DISC DUE 1/2/02; DISPO MTNS DUE 2/1/02; JPTO DUE 3/1/02. cps dist. dso (Entered: 02/10/2003)
59 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE VERIFIED PETITION of David Skidmore Jr (Petnr) as out/state cnsl for D. cpys dist. (Entered: 02/10/2003)
60 DESIGNATION OF LOCAL COUNSEL DESIGNATION/RESIDENT/ATTORNEY obo Elayna Youchah, local cnsl for D (David Skidmore Jr) cpys dist. (Entered: 02/10/2003)
61 ORDER that action is reasgn to JCM for all further procs. (cps dist) (Entered: 02/10/2003)
62 MOTION FOR MISCELLANEOUS RELIEF by EEOC to permit appearance of govt attys. (m)DISPO:GRANTED per (#71) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to file amd answer. (RJJ) (Entered: 02/10/2003)
65 ANSWER TO AMENDED COMPLAINT by Dft to Intervening Plf's complaint (#35). (nss) (Entered: 02/10/2003)
64 ANSWER TO AMENDED COMPLAINT by Dft to amd complaint (#53). (nss) (Entered: 02/10/2003)
63 ORDER ON STIPULATION that Dft may file an amd answer to Plf's amd complaint and amd answer to Intervening Plf's complaint. (cps dist) (Entered: 02/10/2003)
66 MOTION FOR MISCELLANEOUS RELIEF by Dft to enforce settlement. (m)DISPO: oppo (#69), reply (#70), order (#72) (Entered: 02/10/2003)
67 ANSWER TO AMENDED COMPLAINT by Dft to Intervener's complaint. (m) (Entered: 02/10/2003)
68 ANSWER TO AMENDED COMPLAINT by Dft to amd complaint. (m) (Entered: 02/10/2003)
69 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's mtn to enforce settlement (#66). (m) (FILED SEPARATELY) (Entered: 02/10/2003)
70 NON-OPPOSITION by Dft to Dft's mtn to enforce settlement (#66). (m) (Entered: 02/10/2003)

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04/12/2002 05/07/2002 05/07/2002 05/10/2002
05/23/2002 05/24/2002 05/31/2002
05/31/2002 06/05/2002
06/07/2002 06/11/2002 06/13/2002 06/14/2002 06/17/2002 06/17/2002 06/19/2002 07/01/2002 07/01/2002

MISCELLANEOUS DOCUMENT stip/ord to ext ddl for disclosure RJJ (Entered: 02/10/2003)
71 ORDER that Plf's mtn to permit govt attys (#62) is granted. (cps dist) (Entered: 02/10/2003)
72 ORDER that Dft's mtn to enforce settlement (#66) is sched for tele conf on 5/24/02 @ 9:00 am. (cps dist) (Entered: 02/10/2003)
73 MOTION FOR MISCELLANEOUS RELIEF (Emergency) by Plf to exclude depo. (m)DISPO: oppo (#75), reply (#80)DENIED/GRANTED per (#163) (Entered: 02/10/2003)
74 ORDER ON STIPULATION that ext of ddl for disclosure rebuttal experts and rpts is granted. (cps dist) (Entered: 02/10/2003)
75 RESPONSE IN OPPOSITION TO MOTION by Dft to Plf's emergency mtn to exclude depo (#73). (m) (Entered: 02/10/2003)
76 MOTION FOR PROTECTIVE ORDER by Plf. (m)DISPO: order (#79), oppo (#82), reply (#85)DENIED/GRANTED per (#163) (Entered: 02/10/2003)
78 MOTION TO COMPEL by Dft. (m)DISPO: oppo (#83), oppo (#84) GRANTED/DENIED per (#163) (Entered: 02/10/2003)
77 MISCELLANEOUS HEARING re Dft's mtn to enforce settlement (#66) on 5/28/02. ORDERED post settlement conduct can be brought in as to Allen and pre cannot. ORDERED agreement is enforceable. Tape #02-440 (2912-4680). (cps dist) (Entered: 02/10/2003)
79 ORDER that Plf's mtn for proto (#76) is sched for hrg on 6/13/02 @ 10:00 am. (cps dist) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to ext ddl for dispo mtns. (JCM) (Entered: 02/10/2003)
80 REPLY TO RESPONSE TO MOTION by Plf to Plf's emergency mtn (#73). (m) (Entered: 02/10/2003)
81 ORDER ON STIPULATION that dispo mtn ddl is 8/30/02. (cps dist) (Entered: 02/10/2003)
82 RESPONSE IN OPPOSITION TO MOTION by Dft to Plf's mtn for proto (#76). (m) (Entered: 02/10/2003)
83 RESPONSE IN OPPOSITION TO MOTION by Plf/Intervener Sullivan to Dft's mtn to compel (#78). (m) (Entered: 02/10/2003)
84 RESPONSE IN OPPOSITION TO MOTION to Ds mtn to compel obo Pre #78 (m) (Entered: 02/10/2003)
86 REPLY TO RESPONSE TO MOTION in suppt of mtn to compel (#78) obo dfndnt. (m) (fld sep) (Entered: 02/10/2003)
85 REPLY TO RESPONSE TO MOTION to mtn for protctv ord (#76) obo

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07/08/2002 07/10/2002 07/12/2002
07/29/2002 07/29/2002 07/30/2002
08/07/2002 08/08/2002
08/16/2002 08/23/2002 08/29/2002
08/30/2002 08/30/2002 08/30/2002 08/30/2002 08/30/2002

plntf. (m) (Entered: 02/10/2003)
87 ORDER that settlement conf was held and no settlement was reached. (cps dist) (Entered: 02/10/2003)
88 MOTION FOR MISCELLANEOUS RELIEF by Dft for hrg on outstanding disc mtns. (m)DISPO: (Entered: 02/10/2003)
89 MOTION FOR MISCELLANEOUS RELIEF by Dft re briefing and sched of sum jgm. (m)DISPO: oppo (#90), order (#91), oppo (#92), reply (#93)DENIED per (#96) (Entered: 02/10/2003)
90 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's mtn re briefing and sched of sum jgm (#89). (m) (Entered: 02/10/2003)
91 ORDER that Dft's mtn re briefing and sched of sum jgm (#89) is sched for hrg on 8/19/02 @ 9:00 am. (cps dist) (Entered: 02/10/2003)
92 RESPONSE IN OPPOSITION TO MOTION by Intervener Sherrie Sullivan to Dft's mtn re briefing and sched of sum jgm (#89). (m) (Entered: 02/10/2003)
93 REPLY TO RESPONSE TO MOTION by Dft to Dft's mtn re briefing and sched of sum jgm (#89). (m) (Entered: 02/10/2003)
94 MOTION FOR MISCELLANEOUS RELIEF by Dft to stay Sullivan's Title VII clm and compel arbitration. (m)DISPO: order (#95), oppo (#107), oppo (#108), reply (#110), order (#130)DENIED per (#142) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order text time for oppo to Dft's mtn to stay. (JCM) (Entered: 02/10/2003)
95 ORDER ON STIPULATION that Plf has until 9/3/02 to file an oppo to Dft's mtn to stay (#94). (cps dist) (Entered: 02/10/2003)
96 MISCELLANEOUS HEARING re mtn hrg on 8/19/02. ORDERED Dft's mtn re briefing and sched of sum jgm (#89) is denied w/out prej. Ct rptr: Joy Hinck. (cps dist) (Entered: 02/10/2003)
103 EXHIBIT by Dft of exhibits A-D. (m) (FILED SEPARATELY) (Entered: 02/10/2003)
104 EXHIBIT by Dft of exhibits E-P. (m) (FILED SEPARATELY) (Entered: 02/10/2003)
105 EXHIBIT by Dft of exhibits Q-EE. (m) (FILED SEPARATELY) (Entered: 02/10/2003)
106 NOTICE (OTHER) by Dft of Change of Firm Name. (m) (Entered: 02/10/2003)
99 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Carol Allen. (m)DISPO: order (#111), oppo (#112), order (#130), supp (#135)DENIED per (#142) (Entered: 02/10/2003)

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08/30/2002 08/30/2002 08/30/2002
08/30/2002 08/30/2002 09/03/2002 09/03/2002 09/12/2002 09/13/2002 09/13/2002 09/20/2002 09/23/2002 09/30/2002 09/30/2002 10/01/2002 10/01/2002

100 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Julie Chaney. (m)DISPO: order (#111), oppo (#112), order (#130)DENIED per (#142) (Entered: 02/10/2003)
101 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Sharon Owens. (m)DISPO: order (#111), oppo (#112), order (#130)DENIED per (#142) (Entered: 02/10/2003)
97 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Sherrie Sullivan. (m)DISPO: order (#111), oppo (#112), oppo (#113), depos (#115-129), orders (#130, 132)DENIED per (#142) (Entered: 02/10/2003)
98 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Marla Lujan. (m)DISPO: order (#111), oppo (#112), order (#130) DENIED per (#142) (Entered: 02/10/2003)
102 MOTION FOR SUMMARY JUDGMENT by Dft Titanium Metals against Peggy Mowinski. (m)DISPO: order (#111), oppo (#112), order (#130)DENIED per (#142) (Entered: 02/10/2003)
107 RESPONSE IN OPPOSITION TO MOTION by Intervenor Sullivan to Dft's mtn for stay (#94). (m) (Entered: 02/10/2003)
108 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's mtn to stay (#94). (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to file oppo in excess of 20 pages. (JCM) (Entered: 02/10/2003)
110 REPLY TO RESPONSE TO MOTION by Dft to Dft's mtn to stay (#94). (m) (Entered: 02/10/2003)
109 ORDER ON STIPULATION that Plf may file an oppo in excess of twenty pages to Dft's mtns for sum jgm. (cps dist) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order. (JCM) (Entered: 02/10/2003)
111 ORDER ON STIPULATION that Plf has until 9/30/02 to file an oppo to Dft's mtns for sum jgm (#97-102). (cps dist) (Entered: 02/10/2003)
112 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's mtns for sum jgm (#97-102). (m) (FILED SEPARATELY) (Entered: 02/10/2003)
113 RESPONSE IN OPPOSITION TO MOTION by Plf Intervenor to Dft's mtn for sum jgm (#97). (m) (Entered: 02/10/2003)
119 MISCELLANEOUS DOCUMENT Depo by Plf of Sharon Lee Owens on 11/8/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
120 MISCELLANEOUS DOCUMENT Depo by Plf of Sherri Sullivan on 11/5/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)

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10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002

121 MISCELLANEOUS DOCUMENT Depo by Plf of Winston St. Hill on 5/23/02 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
122 MISCELLANEOUS DOCUMENT Depo by Plf of Michael Eugene Short on 5/22/02 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
123 MISCELLANEOUS DOCUMENT Depo by Plf of Pauline Vincent on 2/13/02 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
127 MISCELLANEOUS DOCUMENT (Vol 2) Depo by Plf of Mary Carol Allen on 10/30/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
128 MISCELLANEOUS DOCUMENT (Vol 1) Depo by Plf of Nancy K. Moore on 11/28/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
114 NOTICE (OTHER) by Plf of depos in supp of Plf's oppo to Dft's mtn for sum jgm (#97). (m) (Entered: 02/10/2003)
115 MISCELLANEOUS DOCUMENT Depo by Plf of David Rothwell on 2/28/02 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
116 MISCELLANEOUS DOCUMENT Depo by Plf of James Kiely on 5/10/02 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
117 MISCELLANEOUS DOCUMENT Depo by Plf of Alan C. Gines on 11/27/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
118 MISCELLANEOUS DOCUMENT Depo by Plf of Marla Lujan on 11/7/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
124 MISCELLANEOUS DOCUMENT Depo by Plf of Peggy Mowinski on 11/9/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
125 MISCELLANEOUS DOCUMENT Depo by Plf of Julie Chaney on 11/6/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
126 MISCELLANEOUS DOCUMENT (Vol 1) Depo by Plf of Mary Carol Allen on 10/30/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)
129 MISCELLANEOUS DOCUMENT (Vol 2) Depo by Plf of Nancy K. Moore on 11/28/01 in supp of Plf's oppo (#113) to Dft's mtn for sum jgm (#97). (FILED SEPARATELY) (Entered: 02/10/2003)

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10/01/2002 10/03/2002 10/07/2002 10/08/2002 10/09/2002
10/09/2002
10/22/2002 10/23/2002 10/25/2002 10/25/2002 10/25/2002 11/01/2002
11/12/2002 11/14/2002 12/12/2002 12/13/2002 12/17/2002 12/19/2002

131 MISCELLANEOUS DOCUMENT by Plf. (m) (Entered: 02/10/2003)
130 ORDER that Dft's mtn to stay (#94) and Dft's mtns for sum jgm (#97102) are sched for hrg on 10/22/02. (cps dist) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to ext time to file reply to Dft's mtn for sum jgm. (JCM) (Entered: 02/10/2003)
134 TRANSCRIPT re hrg on Dft's mtn to enforce settlement (#66) on 5/28/02. Pages 1-18. (FILED SEPARATELY) (Entered: 02/10/2003)
133 ORDER that Dft's mtn to stay (#94) and Dft's mtns for sum jgm (#97102) are sched for hrg on 11/18/02 @ 10:00 am. (cps dist) (Entered: 02/10/2003)
132 ORDER ON STIPULATION that Dft Timet shall have until 10/25/02 to file a reply to Dft's mtn for sum jgm (#97). (cps dist) (Entered: 02/10/2003)
135 MISCELLANEOUS DOCUMENT by Dft to Dft's mtn for sum jgm against Carol Allen (#99). (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to allow Dft to file one consolidated reply. (JCM) (Entered: 02/10/2003)
137 REPLY TO RESPONSE TO MOTION by Dft to Dft's mtns for sum jgm (#97-102). (m) (Entered: 02/10/2003)
138 MISCELLANEOUS DOCUMENT Supp Apendix by Dft in supp of reply (#137). (m) (FILED SEPARATELY) (Entered: 02/10/2003)
136 ORDER ON STIPULATION that Dft Titanium may file a reply brief in excess of 20 pages. (cps dist) (Entered: 02/10/2003)
139 MOTION FOR MISCELLANEOUS RELIEF by Plf to strike Dft's supp (#135) to Dft's mtn for sum jgm (#99). (m)DISPO: decl (#140), oppo (#141) (Entered: 02/10/2003)
140 DECLARATION by Plf of Mary Carol in supp of Plf's req to strike (#139. (m) (Entered: 02/10/2003)
141 RESPONSE TO MOTION by Dft to Plf's mtn to strike (#139). (m) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Order. (JCM) (Entered: 02/10/2003)
142 ORDER that Dft's mtn to stay (#94) is denied. Dft's mtns for sum jgm (#97-102) are denied. (cps dist) (Entered: 02/10/2003)
143 TRANSCRIPT re Mtn. to Stay & Compel Arbitration held 12/9/02 (c/r J. Hinck) (Entered: 02/10/2003)
144 MISCELLANEOUS HEARING re mtn hrg on 12/9/02. Dft's mtn to stay (#94) is denied/granted. Dft's mtns for sum jgm (#98-102) are denied. Dft's mtn for sum jgm (#97) is denied. Plf shall prepare order. Ct rptr: Joy Hinck. (cps dist) (Entered: 02/10/2003)

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12/26/2002 12/27/2002 01/09/2003 01/09/2003 01/13/2003 01/15/2003
01/16/2003
01/27/2003 01/27/2003 01/30/2003 01/30/2003 02/03/2003 02/03/2003 02/06/2003 02/10/2003 02/14/2003 02/18/2003 02/18/2003 02/19/2003

MISCELLANEOUS DOCUMENT stip to ext time to file p/trial ordr obo D to JB (Entered: 02/10/2003)
145 ORDER ON STIPULATION that pto ddl is 2/18/03. (cps dist) (Entered: 02/10/2003)
146 NOTICE OF APPEAL by Dft re order (#142). (m) (Entered: 02/10/2003)
147 RECEIPT OF PAYMENT by Dft of $105.00 filing fee w/receipt #64529. (Entered: 02/10/2003)
148 TRANSMITTAL (Copy) by Clerk of ntc of appeal (#146), order (#142), and cert copy of docket sheet. (cps dist) (Entered: 02/10/2003)
149 ORDER that Dft's mtn to enforce settlement, Plf's emergency mtn, and Plf's mtn for proto are sched for hrg on 2/3/03 @ 10:30 am. (cps dist) (Entered: 02/10/2003)
150 MOTION FOR MISCELLANEOUS RELIEF by Dft for temp stay of procs pending appeal . (m)DISPO: oppo (#153), order (#156), oppo (#157), reply (#158)DENIED per (#163) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT Stip and order to reset hrg. (RJJ) (Entered: 02/10/2003)
151 TRANSMITTAL (Returned) by USCA of ntc of appea w/case #0315115. (Entered: 02/10/2003)
152 ORDER that hrg on pending mtns is vacated. (cps dist) (Entered: 02/10/2003)
155 ORDER ON STIPULATION that hrg on pending mtns is vacated. (cps dist) (Entered: 02/10/2003)
153 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's to mtn for temp stay (#150). (m) (Entered: 02/10/2003)
154 STATUS REPORT by parties. (nss) (cc JCM, RJJ) (Entered: 02/10/2003)
156 ORDER that Dft's mtn for temp stay of procs (#150) is sched for hrg on 2/25/03 @ 1:30 pm. (cps dist) (Entered: 02/10/2003)
157 RESPONSE IN OPPOSITION TO MOTION by Plf Intervenor to by Dft's mtn for temp stay (#150). (m) (Entered: 02/12/2003)
158 REPLY TO RESPONSE TO MOTION by Dft to Dft's mtn for temp stay (#150). (m) (Entered: 02/18/2003)
MISCELLANEOUS DOCUMENT Jnt pto. (JCM) (Entered: 02/18/2003)
159 NOTICE (OTHER) by Dft of filing proposed pto. (m) (Entered: 02/19/2003)
160 ORDER that hrg is sched for mtns (#73,76,78,150) on 3/7/03 @ 10:30 am. (cps dist) (Entered: 02/19/2003)

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02/19/2003 02/26/2003
03/07/2003 03/10/2003
03/10/2003 03/13/2003 03/20/2003 03/25/2003 03/27/2003
04/04/2003 04/04/2003 04/07/2003 04/07/2003 04/21/2003 05/09/2003 05/14/2003 05/19/2003 05/21/2003

161 ORDER that hrg on 2/25/03 @ 1:30 pm is vacated. (cps dist) (Entered: 02/20/2003)
162 PRETRIAL NOTICE ORDER that calendar call is sched for 5/22/03. Jury trial is sched for 5/27/03. Trial estimated to take 4-6 weeks. (cps dist) (FILED SEPARATELY) (Entered: 02/27/2003)
MISCELLANEOUS DOCUMENT Jnt pto. (JCM) (Entered: 03/07/2003)
163 MISCELLANEOUS HEARING Mtn hrg on 3/7/03. Plf's emergency (#73) is denied/granted. Plf's mtn for proto (#76) is denied/granted. Dft's mtn to compel (#78) is granted/denied. Dft's mtn for temp stay (#150) is denied. Ct rptr: Joy Hinck. (cps dist) (Entered: 03/10/2003)
164 MISCELLANEOUS HEARING Status ck hrg on 3/7/03. Previous pto is vacated. Ct rptr: Joy Hinck. (cps dist) (Entered: 03/11/2003)
165 ORDER that settlement is sched for 3/28/03 @ 8:30 am. (cps dist) (Entered: 03/14/2003)
166 NOTICE (OTHER) by Dft of filing afdt of David Skidmore. (m) (Entered: 03/21/2003)
167 ORDER that settlement conf is resched for 4/4/03 @ 9:30 am. (cps dist) (Entered: 03/25/2003)
168 PRETRIAL NOTICE ORDER that calendar call is sched for 5/22/03 @ 1:30 pm. Jury trial is sched for 5/27/03 @ 9:00 am. Trial estimated to take 4-6 weeks. (cps dist) (Entered: 03/27/2003)
169 RESPONSE IN OPPOSITION TO MOTION by Plf to Dft's req for fees/costs. (m) (Entered: 04/04/2003)
170 OBJECTION TO REPORT AND RECOMMENDATIONS by Plf to Dft's exhibits and transcript desigs. (m) (Entered: 04/04/2003)
171 ORDER Settlement was reached. Parties shall file settlement/dism docs by 5/19/03. (cps dist) (Entered: 04/08/2003)
172 ORDER that Plf's objs (#170) are denied as moot. (cps dist) (Entered: 04/08/2003)
173 ORDER by USCA that briefing sched is modified. (Entered: 04/21/2003)
174 PRETRIAL ORDER that calendar call is sched for 5/22/03 @ 1:30 pm. Trial is sched for 5/27/03 @ 9:00 am. (cps dist) (Entered: 05/10/2003)
175 ORDER that trial is vacated. Action has been settled by RJJ. (cps dist) (Entered: 05/14/2003)
MISCELLANEOUS DOCUMENT Stip and order to ext time to file settlement docs. (RJJ) (Entered: 05/19/2003)
176 ORDER ON STIPULATION that parties have until 6/9/03 to file dism docs. (cps dist) (Entered: 05/21/2003)

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06/09/2003 06/13/2003 06/27/2003 06/30/2003 07/24/2003 07/28/2003

MISCELLANEOUS DOCUMENT Stip and order ext time to file settlement/dism. (JCM) (Entered: 06/09/2003)
177 ORDER ON STIPULATION that parties have until 6/30/03 to file settlement/dism docs. (cps dist) (Entered: 06/13/2003)
MISCELLANEOUS DOCUMENT Stip entry of dism. (JCM) (Entered: 06/27/2003)
178 ORDER ON STIPULATION that action is dism w/prej. (cps dist) (Entered: 06/30/2003)
179 ORDER (cc) fr the C/As Appellant's mtn to dism appeal is granted. (Entered: 07/24/2003)
180 ORDER ON MANDATE that appeal is dism. (cps dist) (Entered: 07/28/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - JULY 2003

Page 1 of 1

z EEOC v. Titanium Metals Corporation d/b/a TIMET No. S-00-1172 DWH (D. Nev. July 1, 2003)
In this Title VII lawsuit, the Los Angeles District Office alleged that defendant subjected four current and two former female employees at its manufacturing plant in Henderson, Nevada to a sexually hostile working environment and retaliated against some of the women for complaining about the harassment. The harassment included groping and sexual advances by male supervisors and co-workers and the circulation of pornographic pictures, dirty jokes and e-mails. The case was resolved through a settlement agreement which provides for a total payment of $217,500, representing $170,000 to be divided among the six claimants and $47,500 in fees paid to the private attorney of one of the women.

http://www.eeoc.gov/litigation/settlements/settlement07-03.html

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