2005 WL 2897779 (W.D.Mo.) (Cite as: 2005 WL 2897779)

Page 1

For Dockets See 4:05cv00817
Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387)to order copies of documents related to this or other matters.Additional charges applyUnited States District Court, W.D. Missouri Western Division. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ASSURED QUALITY TITLE COMPANY, Defendant. Case No. 05-0817-CV-W-GAF. September 7, 2005.
JURY TRIAL DEMAND
Complaint
NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the Pregnancy Discrimination Act (“PDA”), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Tammi Masden who was adversely affected by such practices. The Equal Employment Opportunity Commission alleges that Defendant Assured Quality Title terminated Tammi Masden from her job because she was pregnant, in violation of Title VII.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant Assured Quality Title Company has continuously been a Missouri corporation doing business in the State of Missouri and the City of Kansas City, Jackson County, Missouri, and has continuously had at least 15 employ-

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2005 WL 2897779 (W.D.Mo.) (Cite as: 2005 WL 2897779)

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ees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Tammi Masden filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least October 9, 2003, Defendant has engaged in unlawful employment practices at its Kansas City, Missouri facility, in violation of Section 703(a)of Title VII, 42 U.S.C. § 2000e-2(a), in that Defendant terminated Tammi Masden from her job because she was pregnant.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Tammi Masden of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Tammi Masden.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in and any other employment practice which discriminates on the basis of sex.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Tammi Masden, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement.
D. Order Defendant to make whole Tammi Masden, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Tammi Masden by providing compensation for past and
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2005 WL 2897779 (W.D.Mo.) (Cite as: 2005 WL 2897779)

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future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Tammi Masden punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted, ERIC S. DREIBAND, General Counsel JAMES L. LEE, Deputy General Counsel GWENDOLYN YOUNG REAMS, Associate General Counsel /s/ Robert G. Johnson, ROBERT G. JOHNSON, Regional Attorney /s/ Barbara A. Seely, BARBARA A. SEELY MO #10607, Supervisory Trial Attorney /s/ Rebecca S. Stith, REBECCA S. STITH MO #36703, Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, St. Louis District Office, Robert A. Young Federal Bldg., 1222 Spruce, Room 8.100, St. Louis, MO 63103, (314) 539-7917, robert.johnson@eeoc.gov, barbara.seely@eeoc.gov, rebecca.stith @eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ASSURED QUALITY TITLE COMPANY, Defendant. 2005 WL 2897779 (W.D.Mo.)
END OF DOCUMENT

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 Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff,

)

)

and

)

)

TAMMI MASDEN

)

)

Plaintiff-Intervenor,

)

vs.

)

)

ASSURED QUALITY TITLE, INC.

)

)

Defendant.

)

CASE NO. 05-0817-CV-W-GAF JURY TRIAL DEMANDED

PLAINTIFF-INTERVENOR’S FIRST AMENDED COMPLAINT

I. Preliminary Statement

1. COMES NOW Plaintiff-Intervenor Tammi Masden, by and through her attorneys

of record, and brings this cause of action against Defendant, hereinafter referred to as

“Company.” This action seeks declaratory, injunctive and equitable relief, compensatory and

punitive damages, and costs and attorneys’ fees for Defendant’s conduct and actions taken

against Plaintiff.

II. Jurisdiction

2. This action arises under Title VII of the Civil Rights Act of 1964 (hereinafter

“Title VII”), 42 USC §2000e et seq.; the Civil Rights Act of 1991, 42 USC § 1981a and

the Missouri Human Rights Act (MHRA), 213.010, et seq., R.S.MO.

3. Jurisdiction is invoked pursuant to 28 USC § 1343 (4), 42 USC § 2000-e-5(f) and

213.010, et seq., R.S.MO. A right-to-sue letter was issued by the Missouri Commission on

-1-

Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 2 of 6
Human Rights (MCHR) on September 29, 2005. This letter is attached hereto as Exhibit 1. This letter, dated September 29, 2005, was based upon a charge affidavit timely filed with both the EEOC and the MCHR.
4. Declaratory, injunctive, and equitable relief is sought pursuant to 28 USC §§ 2201, 2202, 42 USC § 1981a and 213.010, et seq., R.S.MO.
5. Costs and attorney's fees may be awarded pursuant to 42 USC § 2000e-5(k); 42 USC § 1981a, Fed R Civ P 54, and 213.010, et seq., R.S.MO.
6. All conditions precedent to filing this action have been met. III. Venue
7. This action properly lies in the Western District of Missouri, pursuant to 29 USC § 1391(b), because the claim arose in this judicial district, and pursuant to 42 USC § 2000e et seq.; 42 USC § 1981a and 213.010, et seq., R.S.MO, because the unlawful employment practice was committed in this judicial district. IV. Parties
8. Plaintiff-Intervenor is a citizen and resident of the United States and Clay County, Missouri and is currently thirty-two (32) years old.
9. Defendant Company is an employer, engaged in an industry affecting commerce and, upon information and belief, employs more than 50 regular employees. Defendant was doing business in this judicial district at all times alleged herein. Defendant is an employer within the meaning of 42 USC § 2000e, et seq.; 42 USC § 1981a et seq and 213.010, et seq., R.S.MO. V. Facts
10. Ms. Masden was formerly employed by Defendant for approximately 10 months.
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Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 3 of 6
11. Ms. Masden’s employment began in January 2003. 12. Ms. Masden began working full-time for the Defendant as a recording processor. 13. During her employment with Defendant, Ms. Masden met Defendant’s legitimate performance expectations. 14. During her employment with Defendant, Ms. Masden possessed the experience, qualifications and education to be qualified for the position she held. 15. In March of 2003, Ms. Masden became pregnant. 16. Defendant’s treatment of Ms. Masden changed following its notification by Ms. Masden of her pregnancy. 17. Defendant informed Ms. Masden that her pregnancy and the need for her to attend appointments with her doctor were creating problems at work. 18. In October of 2003, Ms. Masden was taken to the hospital due to complications relating to her pregnancy. 19. Following her release from the hospital, Ms. Masden contacted Defendant about her job and was informed, on October 20, 2003, that she no longer had a position with the company. 20. Ms. Masden’s discharge was due to her sex and pregnancy. 21. Ms. Masden has no plain, adequate, or complete remedy at law to redress the wrongs alleged and is now suffering and will continue to suffer irreparable injury from her treatment by Defendant, unless Defendant is enjoined by this Court.
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Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 4 of 6
22. Ms. Masden has suffered, is now suffering, and will continue to suffer emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses as a direct result of Defendant’s actions.
23. Ms. Masden will suffer future pecuniary losses as a direct result of Defendant’s actions.
24. Defendant engaged in discrimination against Ms. Masden with malice or in reckless indifference to Plaintiff-Intervenor’s rights under Title VII and the MHRA. VI. Causes of Action
COUNT I GENDER DISCRIMINATION UNDER TITLE VII AND THE MHRA 25. Plaintiff-Intervenor incorporates as if realleged paragraphs 1 through 24. 26. Defendant’s actions, as noted above, constituted gender discrimination against Plaintiff-Intervenor in violation of Title VII and the MHRA. 27. Defendant’s actions, as noted above, were discriminatory, continuous, arbitrary and capricious and constituted a disparity in treatment toward Plaintiff-Intervenor and, as such, were unlawful employment practices in violation of Title VII and the MHRA. 28. At the time these actions were taken by Defendant, Defendant knew that their actions were unlawful. 29. Plaintiff-Intervenor has been damaged by Defendant’s unlawful employment actions.
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Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 5 of 6
VII. Prayer for Relief 30. Wherefore, Plaintiff-Intervenor prays that this Court: A. declare Defendant’s conduct to be in violation of Plaintiff-Intervenor’s
rights; B. enjoin Defendant from engaging in such conduct; C. reinstate Plaintiff-Intervenor to her rightful position in Defendant’s facility
or, in lieu of such reinstatement, order such salary and benefits necessary to make PlaintiffIntervenor whole for the period remaining until normal retirement;
D. award Plaintiff-Intervenor equitable relief of back salary and fringe benefits for the period beginning when Plaintiff-Intervenor was rightfully entitled to remain employed up to the present and prejudgment interest for that entire period, or front salary and benefits accrual;
E. award Plaintiff-Intervenor compensatory, punitive and liquidated damages;
F. award Plaintiff-Intervenor costs and attorney's fees; and G. grant such other relief as it may deem just and proper.
DEMAND FOR A JURY TRIAL Plaintiff-Intervenor demands trial by jury on all issues as triable by a jury in this complaint.
DESIGNATION OF PLACE OF TRIAL Plaintiff hereby designates Kansas City, Missouri as the place of trial.
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Case 4:05-cv-00817-GAF Document 19-1 Filed 02/08/2006 Page 6 of 6
Respectfully submitted, /s/
Kevin A. Graham MO Bar No. 41709 FLOOK & GRAHAM, P.C. 11 East Kansas Liberty, Missouri 64068 (816) 792-0500 FAX (816) 781-6843 ATTORNEY FOR PLAINTIFF-INTERVENOR
CERTIFICATE OF SERVICE I hereby certify that the above and foregoing was filed and sent electronically on this 8th day of February, 2006, to the following persons:
Rebecca S. Stith EEOC Robert A. Young Building 1222 Spruce Street, Room 8.100 St. Louis, MO 63103 ATTORNEY FOR PLAINTIFF C. Brooks Wood Kathleen Ryan STINSON MORRISON HECKER LLP 1201 Walnut, 22nd floor Kansas City, Missouri 64106 ATTORNEYS FOR DEFENDANT
/s/ Kevin A. Graham
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff, and

)

)

TAMMI MASDEN,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

ASSURED QUALITY TITLE COMPANY, )

)

Defendant.

)

Case No 05-0817-CV-W-GAF

CONSENT DECREE Introduction
Plaintiff Equal Employment Opportunity Commission (“the EEOC”) has instituted this action alleging that Assured Quality Title Company (“Defendant”) discriminated against Tammi Masden in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) by terminating her from her job because of her pregnancy. Plaintiff-Intervenor Tammi Masden was permitted by the Court to intervene, through private counsel, in the EEOC’s suit in order to assert claims against Defendant under Title VII and the Missouri Human Rights Act (“MHRA”).
For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction

over the parties to and the subject matter of this action, (ii) the requirements of Title VII and the MHRA will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement and in order to avoid any further litigation costs by Defendant in its defense of this suit, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII, the MHRA, or any executive order, law, rule or regulation dealing with or in connection with sex discrimination, including pregnancy discrimination, in employment or of any wrongful, illegal or discriminatory act in connection with the employment of Tammi Masden. Defendant denies any such violation.
2. Defendant agrees that it shall not discriminate against its employees with respect to hiring, promotion, firing, compensation, scheduling or other terms, conditions or privileges of employment on the basis of sex including pregnancy.
3. Defendant agrees that it shall not discriminate or retaliate against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII or the MHRA, (b) has participated in any investigation conducted under Title VII or the MHRA connected with or leading up to this lawsuit, (c) has participated in this lawsuit, or (d) has benefited or will benefit in any way as a result of this Consent Decree.

II. Relief for Charging Party 4. Within thirty (30) days of the entry of this Decree, Defendant shall deliver by certified mail to Kevin Graham, attorney for Tammi Masden:
a. A check made payable to Tammi Masden for back pay in the amount of $4,570.00, less any deductions for the employee’s portion of FICA and applicable federal and state income tax withholdings, along with a statement itemizing the deductions made from the back pay amount.
b. A check made payable to Tammi Masden for compensatory damages in the amount of $19,430.00, along with a form 1099 for such amount.
c. A check made payable to Kevin Graham for reasonable attorneys’ fees and costs in the amount of $16,000.00, along with a form 1099 for such amount.
5. Defendant shall simultaneously mail copies of the those checks made payable to Tammi Masden and an itemized statement of deductions to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce, Room 8.100, St. Louis, Missouri 63103.
6. Within ten (10) days of the entry of this Decree, Defendant shall deliver by certified mail to Kevin Graham, attorney for Tammi Masden, an official company letter of reference signed by Defendant’s president on company letterhead for Tammi Masden containing the language set forth in Exhibit A, attached hereto.

7. Defendant shall simultaneously mail a copy of such reference letter for Tammi Masden to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce, Room 8.100, St. Louis, Missouri 63103.
III. Training 8. Within ninety (90) days of the entry of this Decree, Defendant shall provide mandatory anti-discriminatory training to all of its supervisors and managers, with an emphasis on sex discrimination including pregnancy discrimination, with such training to be provided by an outside vendor approved by the Regional Attorney, Equal Employment Opportunity Commission, St. Louis District Office, no later than sixty (60) days prior to the deadline for providing such training. 9. Within thirty (30) days following the deadline for providing the training required by Paragraph 8, Defendant shall mail a report listing the names and job titles of all managers who completed the training to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce, Room 8.100, St. Louis, Missouri 63103.
IV. Posting and Policies 10. Within thirty (30) days of the entry of this Decree and for the two (2) year duration of this Decree, Defendant shall post and cause to remain posted copies of the Notice attached hereto as Exhibit B at its Kansas City area offices in those locations where Defendant displays the EEO posters, Workers’ Compensation posters, and other information relating to employee rights as required by law. 11. Within sixty (60) days of the entry of this Decree, Defendant shall cause the Policy on Pregnancy Discrimination attached hereto as Exhibit C to be made a part at the training required in Paragraph 8 above and part of Defendant’s employee handbook.

V. Reporting, Record-keeping, and Access 12. Within seventy-five (75) days of the entry of this Decree, Defendant shall mail to the Regional Attorney, Equal Employment Opportunity Commission, St. Louis District Office, a letter confirming that Exhibit B has been posted as required by Paragraph 10 above and that Exhibit C has been incorporated into Defendant’s employee handbook as required by Paragraph 11 above. 13. Within six (6) months of the entry of this Decree, and every 6 months thereafter for the duration of this Decree, Defendant shall mail to the Regional Attorney, Equal Employment Opportunity Commission, St. Louis District Office, a letter listing the name of each female employee who notified Defendant that she was pregnant, the date of such notification, her job title, whether or not she was removed from her job assignment, was terminated or was involuntarily required to take a medical or other leave; reason(s) why she was removed from her job assignment, terminated or required to take medical or other leave, if applicable, and date of such action. 14. For the duration of this Decree, Defendant shall allow representatives of the EEOC to review Defendant’s compliance with such Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and/or inspecting Defendant’s premises. Such review of compliance shall be initiated by written notice to the Defendant’s attorney of record at least fifteen (15) business days in advance of any EEOC compliance review.
VI. Term and Effect of Decree 15. The duration of this Decree shall be two (2) years.

16. By entering into this Decree, the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charge that created the procedural foundation for the complaint in this case.
17. This Decree shall be binding upon the parties hereto, their successors, and assigns. Defendants shall affirmatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place during the two (2) year duration of this Decree.
18. The Court shall retain jurisdiction of this cause for purposes of compliance and enforcement.
Each party shall bear its own costs.

DATED: September 27, 2006

s/ Gary A. Fenner United States District Judge

BY CONSENT:
FOR DEFENDANT:
___/s/ Kathleen Ryan____________ C. BROOKS WOODS #24077 KATHLEEN RYAN #55041 Stinson Morrison Hecker 1201 Walnut, Suite 2900 Kansas City, MO 64106 (816) 691-2772 (816) 691-3495 (Fax)
___/s/ Jose Evans____________ JOSE EVANS President, Assured Quality Title Company

FOR PLAINTIFF EEOC:
___/s/ Robert Johnson____________ ROBERT G. JOHNSON Regional Attorney EEOC 1222 Spruce St., Room 8.100 St. Louis, MO 63103
___/s/ Anne Gusewelle____________ REBECCA S. STITH #36703 Senior Trial Attorney ANNE E. GUSEWELLE Senior Trial Attorney EEOC-St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7917 (314) 539-7895 (Fax)
FOR PLAINTIFF-INTERVENOR:
___/s/ Kevin Graham____________ KEVIN A. GRAHAM #41709 Flook & Graham 11 East Kansas St. Liberty, MO 64068 (816) 792-0500 (816) 781-6843 (Fax)
___/s/ Tammi Masden____________ TAMMI MASDEN Plaintiff-Intervenor

EXHIBIT A (on Defendant letterhead)
____________________, 2006
To Whom It May Concern: Tammi Masden was employed by Assured Quality Title Company as a Recording
Processor from January 20, 2003, to October 15, 2003. She performed all of her duties satisfactorily.
Sincerely,
____________________________________ Jose Evans, President Assured Quality Title Company

EXHIBIT B (on Defendant letterhead)

NOTICE TO EMPLOYEES Federal and Missouri anti-discrimination laws prohibit discrimination against any employee or applicant for employment because of pregnancy. Applicants or employees who are pregnant may not be discriminated against with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. A pregnant employee will be treated the same as any employee with a temporary illness or disability, and will be permitted to work with a written release from her physician (if necessary), or to use leave or other benefits on the same basis as any other employee with a temporary illness or disability. Assured Quality Title Company is committed to complying with such laws in all respects and will not discriminate against employees or applicants because they are pregnant. Applicants and employees are encouraged to report possible discrimination, including pregnancy discrimination, to any management or supervisor at any time. Assured Quality Title Company will promptly investigate such report and protect any applicant or employee making such report from retaliation. Employees also may contact Equal Employment Opportunity Commission, St. Louis District Office, 1222 Spruce St., 8th floor, Room 8.100, St. Louis, MO 63103, 314-539-7800, or Kansas City Area Office, Gateway Tower II, 4th & State St., 9th Floor, Kansas City, MO 66101, 913-551-5655.

_______________, 2006

____________________________________ Jose Evans, President Assured Quality Title Company

EXHIBIT C POLICY ON PREGNANCY DISCRIMINATION Assured Quality Title Company does not and will not discriminate against applicants or employees who are pregnant with respect to hiring, promotion, firing, compensation, benefits, or other terms, conditions, or privileges of employment. A pregnant employee will be treated the same as any other employee with an illness, medical condition, or disability, and will be permitted to work with a written release from her physician (if necessary), or to use leave or other benefits on the same basis as any other employee with an illness, medical condition, or disability. Any employee who believes that she has been subjected to discrimination on the basis of pregnancy is expected to use the reporting procedure set forth above [in the employee handbook]. Assured Quality will not tolerate retaliation or any adverse action because an employee complains of pregnancy discrimination or because an employee provides information in connection with any such complaint.
7088499v1

 
 CM/ECF Western District of Missouri - Docket Report

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CLOSED, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:05-cv-00817-GAF

Equal Employment Opportunity Commission v. Assured Quality Date Filed: 09/07/2005

Title Company

Date Terminated: 09/27/2006

Assigned to: District Judge Gary A. Fenner

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Barbara A. Seely Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7916 Fax: (314)539-7895 Email: Barbara.Seely@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca S. Stith Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7917 Fax: (314)539-7895 Email: rebecca.stith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY

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Intervenor Plaintiff Tammi Masden
V. Defendant Assured Quality Title Company

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ATTORNEY TO BE NOTICED
Anne E. Gusewelle Equal Employment Opportunity Commission Gateway Tower II 4th and State Avenue, 9th Flr. Kansas City, KS 66101 (913)551-6641 Fax: (913) 551-6957 Email: anne.gusewelle@eeoc.gov ATTORNEY TO BE NOTICED
represented by Kevin A Graham Flook & Graham, PC 11 East Kansas Liberty, MO 64068 (816) 792-0500 Fax: (816) 781-6843 Email: kevin@flookandgraham.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Brooks Wood Stinson Morrison Hecker, LLP-Walnut 1201 Walnut Street Suite 2900 Kansas City, MO 64106-6251 (816) 691-2772 Fax: (816)474-4208 Email: bwood@stinsonmoheck.com LEAD ATTORNEY
Kathleen Ryan Stinson Morrison Hecker, LLP-Walnut 1201 Walnut Street Suite 2900 Kansas City, MO 64106-6251 (816) 691-3458 Fax: (816) 691-3495 Email: kryan@stinson.com ATTORNEY TO BE NOTICED

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Date Filed 09/07/2005
09/08/2005 09/26/2005 10/11/2005
10/31/2005 11/04/2005 11/07/2005 11/08/2005 12/08/2005 12/21/2005 12/22/2005 12/22/2005
12/22/2005

#

Docket Text

1 COMPLAINT Equal Employment Opportunity Commission against Assured Quality Title Company (Filing fee $250 receipt number waived) Service due by 1/5/2006, filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission.(Stith, Rebecca) Civil cover sheet added on 9/8/2005 (Carr, Lori). (Entered: 09/07/2005)
2 Notice of EAPN (Attachments: # 1 General Order)(Carr, Lori) (Entered: 09/08/2005)
3 WAIVER OF SERVICE returned executed by Assured Quality Title Company. Equal Employment Opportunity Commission waiver sent on 9/7/2005, answer due 11/7/2005. (Stith, Rebecca) (Entered: 09/26/2005)
4 MOTION to intervene filed byKevin A Graham on behalf of Tammi Masden Suggestions in opposition/response due by 10/26/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit 1# 2 Exhibit 2) **Document originally filed as a notice of filing. (McDowell, Shelly) (Entered: 10/13/2005)
5 ORDER granting 4 motion to intervene. Signed by Judge Gary A. Fenner on 10/31/05. (Mitchell, Lisa) (Entered: 10/31/2005)
6 Intervenor COMPLAINT Service due by 3/6/2006, filed by Kevin A Graham on behalf of Tammi Masden. (Attachments: # 1 Exhibit Exhibit 1)(Graham, Kevin) (Entered: 11/04/2005)
7 ANSWER to Complaint filed by C. Brooks Wood on behalf of Defendant Assured Quality Title Company.(Wood, C.) (Entered: 11/07/2005)
8 Rule 16 Noticeproposed scheduling order due by 12/23/2005, rule 26 conference due by 12/13/2005,. Signed by Judge Gary A. Fenner on 11/8/05. (Mitchell, Lisa) (Entered: 11/08/2005)
9 DISCLOSURE OF CORPORATE INTERESTS filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 12/08/2005)
10 PROPOSED SCHEDULING ORDER /Joint Proposed Scheduling Order and Discovery Plan by Tammi Masden, Equal Employment Opportunity Commission, Assured Quality Title Company. (Wood, C.) (Entered: 12/21/2005)
11 RULES OF TRIAL Signed by Judge Gary A. Fenner on 12/22/05. (Mitchell, Lisa) (Entered: 12/22/2005)
12 SCHEDULING ORDER: Discovery due by 5/18/2006. Pretrial Conference set for 9/8/2006 02:00 PM before Gary Fenner.Accelerated Jury Trial set for 10/16/2006 09:00AMin Courtroom 8A, Kansas City (GAF) before Gary Fenner.Dispositive Motions due by 6/16/2006. Signed by Judge Gary A. Fenner on 12/22/05. (Mitchell, Lisa) (Entered: 12/22/2005)
13 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 12/22/2005)

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12/22/2005 12/23/2005 01/09/2006
01/24/2006
01/30/2006 02/08/2006 02/09/2006 02/13/2006
02/23/2006 03/06/2006 03/13/2006 03/29/2006 04/05/2006

14 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 12/22/2005)
15 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kevin A Graham on behalf of Intervenor Plaintiff Tammi Masden.(Graham, Kevin) (Entered: 12/23/2005)
16 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff EEOC's First Request for Production to Defendant filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 01/09/2006)
17 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission EEOC's Objections and Responses to Defendant's First Request for Production and EEOC's Privilege Log filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 01/24/2006)
18 NOTICE to take deposition of Tammi Masden and her husband, Darrell Boyd filed by C. Brooks Wood on behalf of Defendant Assured Quality Title Company.(Wood, C.) (Entered: 01/30/2006)
19 AMENDED COMPLAINT against Assured Quality Title Company filed by Kevin A Graham on behalf of Tammi Masden. (Attachments: # 1 Exhibit Exhibit 1)(Graham, Kevin) (Entered: 02/08/2006)
20 First NOTICE to take deposition of Jose Evans and Beth Barber filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 02/09/2006)
21 CERTIFICATE OF SERVICE by Assured Quality Title Company of Defendant Assured Quality Title Company's Objections and Responses to Plaintiff Equal Employment Opportunity Commission's First Request for Production of Documents filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 02/13/2006)
22 PROTECTIVE ORDER Signed by Judge Gary A. Fenner on 2/23/06. (Mitchell, Lisa) (Entered: 02/23/2006)
SUMMONS ISSUED as to Assured Quality Title Company. (Kee, Georgia) (Entered: 03/06/2006)
23 Defendant's ANSWER to Amended Complaint filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 03/13/2006)
24 CERTIFICATE OF SERVICE by Assured Quality Title Company filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 03/29/2006)
25 CERTIFICATE OF SERVICE by Assured Quality Title Company of Supplemental Disclosures Pursuant to Fed.R.Civ.P.26(a)(1) and 26(e) filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 04/05/2006)

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04/11/2006 04/11/2006 04/11/2006 04/14/2006 04/14/2006 04/18/2006 04/24/2006 04/25/2006
04/27/2006 04/27/2006 05/01/2006 05/01/2006 05/01/2006 05/15/2006 05/18/2006

26 Second NOTICE to take deposition of Beth Barber filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 04/11/2006)
27 NOTICE to take deposition of Brandi Rhea and Kori Rupp filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 04/11/2006)
28 NOTICE to take deposition of Chris Shields filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 04/11/2006)
29 CERTIFICATE OF SERVICE by Tammi Masden filed by Kevin A Graham on behalf of Intervenor Plaintiff Tammi Masden.(Graham, Kevin) (Entered: 04/14/2006)
30 NOTICE to take deposition of Kari Masden filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company. (Attachments: # 1 Attached Subpoena)(Ryan, Kathleen) (Entered: 04/14/2006)
31 RETURN OF SERVICE (non cmp) (Deposition of Kari Masden) (Ryan, Kathleen) (Entered: 04/18/2006)
32 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES (Second Supplemental) filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 04/24/2006)
33 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Supplemental Rule 26(a)(1) Disclosure filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 04/25/2006)
34 Amended NOTICE to take deposition of Kari Masden filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company. (Attachments: # 1 Exhibit Subpoena)(Ryan, Kathleen) (Entered: 04/27/2006)
35 NOTICE to take deposition of April Brockman filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company. (Attachments: # 1 Exhibit Subpoena)(Ryan, Kathleen) (Entered: 04/27/2006)
36 First NOTICE to take deposition of Kristen Rowden filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 05/01/2006)
37 RETURN OF SERVICE (non cmp) of Subpoena to Kari Masden (Ryan, Kathleen) (Entered: 05/01/2006)
38 RETURN OF SERVICE (non cmp) of Subpoena of April Brockman (Ryan, Kathleen) (Entered: 05/01/2006)
39 Second NOTICE to take deposition of Kristen Rowden filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 05/15/2006)
40 CERTIFICATE OF SERVICE by Tammi Masden of mailing Plaintiff's responses to Defendant's discovery requests filed by Kevin A Graham on behalf of

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https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?648339657252541-L_...

05/22/2006 07/10/2006 09/26/2006
09/27/2006

Intervenor Plaintiff Tammi Masden.(Graham, Kevin) (Entered: 05/18/2006)
41 CERTIFICATE OF SERVICE by Assured Quality Title Company filed by Kathleen Ryan on behalf of Defendant Assured Quality Title Company.(Ryan, Kathleen) (Entered: 05/22/2006)
42 NOTICE of appearance by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission (Gusewelle, Anne) (Entered: 07/10/2006)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 09/21/06 as Document No. 43, NOTICE of filing by Tammi Masden, Equal Employment Opportunity Commission, Assured Quality Title Company of Consent Decree (Gusewelle, Anne). Document was a proposed order. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in WordPerfect format. This is a text entry only - no document is attached. (McDowell, Shelly) (Entered: 09/26/2006)
43 CONSENT DECREE Signed by Judge Gary A. Fenner on 9/27/06. (Mitchell, Lisa) (Entered: 09/27/2006)

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