F \ L E: 0 ~~

SU' 2 1 200G

g;:-,p 0-1 ~~ IN THE UNITED STATES DISTRICT COURT

nlFtRJ~l~'CHUA.SE.LoWls,.rDRIOCBTBCIO,~·IR'ITTHE

NORTHERN DISTRICT OF EASTERN DIVISION

ILLINOIS

U.S, EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Plaintiff,

)

)

~

)

)

MEDITERR<\NEAN PARTNERS, INC. )

d/b/a THE YORK TAVERN,

)

)

Defendant,

)

)

)

06CV5114 JUDGE NORDBERG MAGISTRATE JUDGE BROWN
JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §

2000e el seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a, to

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

Cynthia Dale~1 (Daley"), Diana Shin ("Shin"), Rachel Forbeck (,Torbeck"), Pamela Quinn

("Quinn") and a class of female employees who were adversely affected by such practices. The

U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission") alleges that

Defendant, Mediterranean Partners, Inc. d/b/a The York Tavern ("Defendant" or the "York

Tavern"), discriminated against Daley, Shin, Forbeck, Quinn and a class offemale employees by

SUbjecting them to sexual harassment, failing to correct the sexually hostile work environment,

and subjecting them to constructive discharge, 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 Sections 706(f)(1) and (3) of

Title VII, 42 U.S.c, §§ 2000e-S(I)(I) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.c, § 1981a.
2. The unlawful acts alleged below were committed within the jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 3. Plaintiff, EEOC, 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 Sections 706(1)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-S(I)(I) and (3). 4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Illinois, County of Cook, and has continuously had at least fifteen (IS) employees. S. At all relevant times, Defendant has continuously been an employer engaged in an industry atTecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-S(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Daley, Shin, Forbeck and Quinn filed charges of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Pursuant to 42 U.S.C. § 2000e-S(I)(I), EEOC's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with Title V II prior to institution of the lawsuit but EEOC was unable to secure a conciliation agreement acceptable to the Commission.
2

8. Since at least April 2004, Defendant has engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These practices include, but are not limited to, sexually harassing Daley, Shin, Forbeck, Quinn and a class of female employees, failing to correct the sexually hostile work environment and subjecting them to constructive discharge.
9. The effect of the practices complained of above has been to deprive Daley, Shin, Forbeck, Quinn and a class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
10 The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
II. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Daley, Shin, Forbeck, Quinn and a class offemale employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in any employment practices which discriminate on the basis of sex; B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of sex and which eradicate the effects of its past and present unlawful practices; C. Order Defendant to make whole Cynthia Daley, Diana Shin, Rachel Forbeck, Pamela Quinn and a class of affected female employees by providing appropriate back pay with
3

prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices;
D. Order Defendant to make whole Cynthia Daley, Diana Shin, Rachel Forbeck, Pamela Quinn and a class of female employees by providing compensation for past and future pecuniary los:ses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, in amounts to be determined at trial;
E. Order Defendant to make whole Cynthia Daley, Diana Shin, Rachel Forbeck, Pamela Quinn and a class of female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, including emotional pain, humiliation, and inconvenience, in amounts to be determined at trial;
F. Order Defendant to pay punitive damages for its malicious and reckless conduct described in paragraphs 8 and 9 above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions offact raised by its Complaint.
4

Respectfully submitted,
Ronald S. Cooper General Counsel
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "

/;u.· W I ace Calh~un

(

Tri 1Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800 Chicago, 1l1inois 60661 312/353-7259
june. calhoun(a':,eeoc. gov ARDC No. 06202058

5

 
 ,.
,.

Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 1 of 17 Case 1:06-cv-OS114 Document 69-2 Filed 02/27/2008 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

v.

)

)

) MEDITERRANEAN PARTNERS, INC. d/b/a )

The York Tavern,

)

)

Defendant.

)

}

Civil Action No. 06 C 5114
Hon. Judge Nordberg Magistrate Judge Soat Brown

CONSENT PECREE

Introduction

1. PlaintiffU.S. Equal Employment Opportunity Commission (the "EEOC" or

"Commission"), filed this action alleging that Mediterranean Partners Inc. d/b/a The York

Tavern ("Mediterranean Partners"), discriminated against Cynthia Daley ("Daley"), Rachel

Forbeck ("Forbeck"),l Pamela Quinn ("Quinn"), Diana Shin ("Shin") and Ii class of female

employees on the basis of their sex, by subjecting them to sexual harassment, failing to correct

the sexually hostile work environment, and subjecting them to constructive discharge, in

violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title 1 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.2

2. In the interest of resolving this matter and as a result of comprehensive settlement

Rachel Forbeck is now marriod and she is currently known as Rachel Maxwdl.
This Consent Decree rosolv.s the claims of Charging Partio, Rachel Forbeck ("Forbeck") and Pamela Quinn ("Quinn''). This Consent Decree also resolves the claims of EEOC's class offemale employees which includes the following individuals: Judy Borsom ("Borsom"), Julie Morrell ("Morrell"), Stacia Munger.on ("Munger.on") and Donna Revello ("Revello"), Charging Parties Cynthia Daley ("Daley") and Diana Shin ("Shin'') have retained separate counsel and intervened in this action, and upon the advice oftheir respective counselorst have elected not to participate in this settlement.

Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 2 of 17 Case 1:06-cv-05114 Document 69-2 Flied 02/27/2008 Page 2 of 17
negotiations, the parties have agreed that this action should be fmally resolved by entry of this Consent Decree. This Consent Decree fully and finally resolves any and all issues and claims
arising out of the Complaint ftled by the EEOC on behalf of Forbeck, Quinn, Borsom, Morrell,
Mungerson and Revello. Neither party admits to any of the claims or defenses raised or asserted by the other in this case, and this Decree shall not be construed as such an admission.
FINDINGS 3. Having carefully examined the tenns and provisions of this Consent Decree, and based on the pleadings, records and stipulations of the parties, the Court finds the following;
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The tenns of this Consent Decree are adequate, fair, reasonable, equitable andjust. The rights of EEOC, Mediterranean Partners, Forbeck, Quinn, Borsom, Morrell. Mungerson, Revello and the public interest are adequately protected by this Consent Decree.
c. This Consent Decree confonns with the Federal Rules of Civil Procedure and Title VII and is not in derogation ofthe rights or privileges of any person. The entry of this Consent Decree will further the objectives of Title VU and will be in the best interests of the parties, Forbeck, Quinn, Borsom, Morrell, Mungerson, Revello and the public.
THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTION AGAINST EMPLOYMENT DISCRIMINATION 4. Mediterranean Partners, Inc. d/b/a The York Tavern, its officers, agents, employees, successors, assigns and all persons acting in concert with it are permanently
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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 3 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 3 of 17
enjoined from discriminating against any employee at its Oak Brook, Illinois facility on the basis of sex.
NON-RETALIATION 5. Mediterranean Partners, Inc. d/b/a The York Tavern its officers, agents, employees, successors, assigns and all persons acting in concert with it are permanently enjoined from engaging in any form of retaliation against any person at its Oak Brook, Illinois facility because that person has opposed any policy or practice made unlawful under Title VIl, has filed a charge with EEOC, or because of the person's participation in Or cooperation with, the initiation, investigation, litigation, resolution and/or administration of any case under Title VII Or because the person has asserted rights under this Consent Decree.
MONETARY REqEF 6. To resolve the claims in this litigation, Mediterranean Partners has paid $35,000 total to Forbeck, Quinn, Borsom, Morrell, Mungerson and Revello. This sum shall be distributed as follows: Rachel Forbcck $10,000, Pamela Quinn $10,000, Judy Borsom $3750, Julie Morrell $3750, Stacia Mungerson $3750 and Donna Revello $3750. 7. EEOC will mail a copy of the Release Agreements (attached hereto as Exhibit A) to Forbeck, Quinn, Borsom, Morrell, Mungerson and Revello, and they will execute and retom the release agreements to EEOC. EEOC will send Mediterranean Partners the executed release agreements. 8. Within five (5) business days after receipt by Mediterranean Partners of the signed Release Agreements, Mediterranean Partners shall issue and mail by certified mail to
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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 4 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02127/2008 Page 4 of 17
Forbeck, QuilUl, Borsom, Morrell, Mungerson and Revello a cashier's check in the amounts set forth above in ~ 6. EEOC shall provide Mediterranean Partners with the cummt address for Forbeck, Quinn, Borsom, Morrell, Mungerson and Revello. Mediterranean Partners will also send a copy of the checks to EEOC.
POSTING OF NOTICE 9. Within five (5) business days after entry of this Consent Decree, Mediterranean Partners, Inc. d/b/a The York Tavern shall post a same-size copy of the Notice attached as Exhibit B to this Consent Decree in a location at Mediterranean Partners, Inc. d/b/a The York Tavern located at its Oak Brook, I1\inois facility, where notices to employees and applicants for employment at such facility are normally posted. The Notice shall remain posted until that date which is two (2) years from the date of eutry of this Consent Decree. Mediterranean Partners, Inc. d/b/a The York Tavern shall take all reasonable steps to ensure that its posting is not altered, defaced or covered by any other material. Mediterraneau Partners shall certify to the EEOC in writing withiu teu (\ 0) days after the date of such posting that the copy of the Notice has been properly posted. Mediterranean Partners shall permit a representative of the EEOC to enter The York Tavern for purposes of verifying compliance with this Paragraph at any time during normal business hours.
RECORD KEEPING 10. For a period of two (2) years following entry of this Consent Decree, Mediterranean Partners shall document and maintain and make available fOf inspection and copying by the EEOC records of each sexual harassment complaint received by Mediterranean Partners, Inc. d/b/a The York Tavern (whether written or oral) at its Oak Brook, Illinois facility. The documents required to be maintained under this Paragraph shaH include the name, address,
4

Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 5 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 5 of 17
social security number and telephone number of the complainant, the date of the report or complaint, all facts that were alleged, the narne(s) of any witnesses, what actions, if any, Mediterranean Partners took to resolve the complaint, and the resolution of the report or complaint.
II. Mediterranean Partners shall make all documents or records referred to in paragraph 10, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Mediterranean Partners shall require personnel within its employ whom EEOC reasonably requests for purposes of verifYing compliance with thls Consent Decree to cooperate with EEOC and to be interviewed and shall pemtit a representative of the EEOC to enter its premises for such purposes.
REPORTING 12. Mediterranean Partners shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years following entry of this Consent Decree. The first report shall be due six (6) months after entry of this Consent Decree. The subsequent report shall be due six months thereafter until that date which is two (2) years after the date of entry of this Consent Decree. The final report shall be due twenty-three (23) months after entry of the Decree. Each such report shall contain (a) the information required to be maintained pursuant to paragraph 10, above, and (b) a certification by Mediterranean Partners that the Notice requited to be posted pursuant to paragraph 9, above, remained posted during the entire six (6) month period preceding the report.
TRAINING 13. During each ofthe two (2) years covered by this Decree, all of Mediterranean Partners d/b/a The York Tavern's employees, supervisors, managers and owners, at its Oak
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Case 1:06-cv-05114 Document 76 Case 1:06-cv-05114 Document 69-2

Filed 02/27/2008 Page 6 of 17 Flied 02/27/2008 Page 6 of 17

Brook, Illinois facility, including Vito Moreei, Pasquale Moreei, Rosalia Moreci and Marianna Mored, shall participate in an annual training. The training will be conducted by the law fIrm of James G. Sotos & Associates, Ltd., Itasca, Illinois. A training proposal and all materials to be distributed to participants shall be provided to EEOC within thirty (30) days prior to each training session. All current human resources employees who are in any way involved in the operation of Mediterranean Partners d/b/a The York Tavern's Oak Brook, Illinois facility shall also participate in such training, and any new human resources employee shall receive such training prior to starting work. The first training shall take place within ninety (90) days of entry of this Consent Decree.
14. Mediterranean Partners shall certifY to EEOC in writing within five (5) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance.
15. Mediterranean Partners shall also provide EEOC with any and all copies of pamphlets, brochures, outlines or other written material(s) provided to the participants of the training session(s), if different than the materials already provided to EEOC.
DISPUTE RESOLUTION 16. In the event that either party to this Consent Decree believes that the other party has failed to comply with any provision(s) of the Consent Decree, the complaining party shall notifY the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfY the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not
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Case 1:06-cv-05114 Document 76 Case 1:06-cv-OS114 Document 69-2

Filed 02/27/2008 Page 7 of 17 Flied 02/27/2008 Page 7 of 17

remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF DECREE AND RETENTION OF JURISDICTION 17. All provisions of this Consent Decree shall be in effect (and the Court shall retain jurisdiction of this matter to enforce this Consent Decree) for a period of two (2) years immediately following entry of the Consent Decree, provided, however, that if, at the end of the two (2) year period, any disputes under '\116, above, remain unresolved, the term of the Consent Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) nntil such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 18. Each party to this Consent Decree shall bear its own expenses, costs and attorneys' fees. Neither party considers itself to be a prevailing party under Title VII for pmposes of attorneys' fees. 19. The terms of this Decree shall be binding upon the present and future directors, officers, managers, agents, successors and assigns of Mediterranean Partners d/b/a The York Tavern. Mediterranean Partners, and any successor(s) of Mediterranean Partners, shall provide a copy of this Decree to any organization or person, who proposes to acquire or merge with Mediterranean Partners d/b/a The York Tavern, or any successor of Mediterranean Partners, prior to the effectiveness of any such acquisition or merger. This paragraph shall not be deemed to limit any remedies available in the event of any finding by the Court regarding a violation of this Consent Decree.
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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 8 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 8 of 17
20. If any provision(s) of the Consent Decree are found to be unlawful, only such provision(s) shall be severed, and the remainder of the Consent Decree shall remain in full force and effect.
21. When this Consent Decree requires the submission by Mediterranean Partners, Inc. d/b/a The York Tavern of reports, certifications, notices or other materials to the EEOC, they shall be mailed to: Mediterranean Partners, Inc. d/b/a The York Tavern, Title VII Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800; Chicago, Illinois 60661. When this Consent Decree requires submission by the EEOC of materials to Mediterranean Partners, Inc. d/b/a The York Tavern they shall bemailedto;SaraM.Cliffe. James G. Sotos & Associates, Ltd., 550 East Devon, Suite 150, Itasca, IL 60143.
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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 9 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 9 of 17

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7259
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN REAMS Associate General Counsel
Is John C. Hendrickson John C. Hendrickson Regional Attorney
Is Diane I. Smason Diane J. Smason Supervisory Trial Attorney
Is June Wallace Calhoun June Wallace Calhoun Trial Attorney
ENTER:

For MEDITERRANEAN PARTNERS, INC. d/b/a The York Tavern Is Sara M. Cliffe Attorney for Defendant
Dated:

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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 10 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02127/2008 Page 10 of 17
EXHmITA RELEASE AGREEMENTS
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RELEASE AGREEMENT I, Rachel Forbeck Maxwell, in consideration for $10,000 (Ten Thousand Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with the resolution of EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill.), hereby waive my right to recover for any claims of sexual harassment under Title VII of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/b/a The York Tavern, prior to the date of this release and that were included in the claims alleged by EEOC in its Complaint in EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill).

Date

Rachel Forbeck Maxwell

5 South Huffman Street

Naperville,IL 60540

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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 12 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 12 of 17

RELEASE AGREEMENT
I, Pamela Quinn, in consideration for $10,000 (Ten Thousand Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with the resolution ofEEOC v. Mediterranean Partners, Inc. d/bla The York Tavern, No 06 C 5114 (N.D. IlL). hereby waive my right to recover for any claims of sexual harassment under Title VII of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/b/a The York Tavern, prior to the date of this release and that were included in the claims alleged by EEOC in its Complaint in EEOC v. Mediterranean Partners, Inc. dlbla The York Tavern, No 06 C 5114 (N.D. Ill).

Date

Pamela Quinn

690 West Cross Creek, Unit A

Roselle, IL 60 I72

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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 13 of 17 Case 1:06-cv-05114 Document 69-2 Flied 02/27/2008 Page 13 of 17

RELEASE AGREEMENT I, Julie Morrell, in consideration for $3750 (Three Thousand Seven Hundred Fifty
Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with the resolution ofEEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill.), hereby waive my right to recover for any claims of sexual harassment under Title VII of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/b/a The York Tavern, prior to the date of this release and that were inclnded in the claims alleged by EEOC in its Complaint in EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill).

Date

Julie Morrell 9227 Shields Avenue Brookfield, IL 60513

13

"

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Case 1:06-cv-OS114 Documenl69-2 Flied 02/27/2008 Page 14 of 17

RELEASE AGREEMENT I, Judy Borsom, in consideration for $3750 (Three Thousand Seven Hundred Fifty
Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with
the resolution of EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill.), hereby waive my right to recover for any claims of sexual harassment under Title VII
of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/b/a The Yark Tavern, prior to the date of this release and that were included in the claims alleged by
EEOC in its Complaint in EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.n.l1I).

Date

Judy Borsom 330 South Wisconsin Street Villa Park, IL 60181

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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 15 of 17 Case 1:06-cv-05114 Document 69-2 Filed 02/27/2008 Page 15 of 17

RELEASE AGREEMENT I, Stacie Mungerson, in consideration for $3750 (Three Thousand Seven Hundred Fifty Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with the resolution of EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill.), hereby waive my right to recover for any claims of sexual harassment under Title VII of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/bla The York Tavem, prior to the date of this release and that were included in the claims alleged by EEOC in its Complaint in EEOC v. Mediterranean Partners. Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill).

Date

Stacie Mungerson

1922B Curtiss Street

Downers Grove, IL 60515

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Filed 02/27/2008 Page 16 of 17 Filed 02/27/2008 Page 16 of 17

RELEASE AGREEMENT I, Donna Revello, in consideration for $3750 (Three Thousand Seven Hundred Fifty Dollars) paid to me by Mediterranean Partners, Inc. d/b/a The York Tavern, in connection with the resolution ofEEOCv. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. IlL), hereby waive my right to recover for any claims of sexual harassment under Title VII of the Civil Rights Act of 1964, as amended, that I had against Mediterranean Partners, Inc. d/b/a The York Tavern, prior to the date of this release and that were included in the claims alleged by EEOC in its Complaint in EEOC v. Mediterranean Partners, Inc. d/b/a The York Tavern, No 06 C 5114 (N.D. Ill).

Date

Donna Revello 618 Comstock Avenue Elmhurst, IL 60126

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Case 1:06-cv-05114 Document 76 Filed 02/27/2008 Page 17 of 17 Case 1:06"cv-05114 Document 69-2 Filed 02/27/2008 Page 17 of 17

EXHlBITB NOTICE TO ALL EMl'LOYEES AND APPLICANTS OF MEDITERRANEAN PARTNERS. INC. d/b/a The York Tavern
This Nolice is being posted pursuant to a Consent Decree entered by the federal court in
EEOC v. Mediterranean Partners. Inc. d/b/a The York Tavern. No. 06 C 5114 (N.D. Ill.),
resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC'') against Mediterranean Partners, Inc. d/b/a The York Tavern ("Mediterranean Partners'').
In its suit, the EEOC alleged that Defendant Mediterranean Partners Inc. d/b/a The York Tavern ("Mediterranean Partners") discriminated against female employees at its Oak Brook, Illinois facility in that it subjected them to sexual harassment, failed to correct the sexually hostile work environment, and subjected them to constructive discharge, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). Mediterranean Partners filed an Answer in which it denied the allegations.
To resolve the case, Mediterranean Partners and EEOC have entered into a Consent Decree which provides, among other things, that:
I) Mediterranean Partners will pay monetary relief of $ 35,000 to the aggrieved employees;
2) Mediterranean Partners is enjoined from discriminating against any employee on the basis ofher sex.
3) Mediterranean Partners is enjoined from retaliating against any person becanse (s)he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and
4) Mediterranean Partners will provide mandatory training to all employees, supervisors, managers and owners regarding sex discrimination and Mediterranean Partner's policies regarding such discrimination.
EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact EEOC at (312) 353-8195. EEOC charges no fees and has a TTD number. 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 uot be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: June Wallace Calhoun, EEOC, SOO West Madison Street, Suite 2800, Chicago, IL 60661.

Date

Judge John A. Nordberg

United States District Court

17

 
 Case: 1:06-cv-5114 As of: 06/01/2017 02:52 PM CDT 1 of 9
BROWN,TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 6.1.1.2 (Chicago)
CIVIL DOCKET FOR CASE #: 1:06−cv−05114

U.S. Equal Employment Opportunity Commission v. Mediterranean Partners, Inc. Assigned to: Honorable John A. Nordberg Cause: 28:1331 Fed. Question: Employment Discrimination
Plaintiff

Date Filed: 09/21/2006 Date Terminated: 07/01/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by June Wallace Calhoun United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353−7568 Email: june.calhoun@eeoc.gov TERMINATED: 03/24/2008 LEAD ATTORNEY

Diane Ilene Smason United States Equal Employment Opportunity Commission Legal Unit 500 West Madison Street Suite 2000 Chicago, IL 60661 (312) 869−8120 Email: diane.smason@eeoc.gov TERMINATED: 03/24/2008

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2000 Chicago, IL 60661 (312) 869−8100 Email: gregory.gochanour@eeoc.gov TERMINATED: 01/17/2007

John C. Hendrickson Equal Employment Opportunity Commission 500 West Madison Street Suite 2000 Chicago, IL 60661 (312) 869−8099 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Plaintiff Diana Shin

represented by Stephen G. Seliger Stephen G. Seliger, Ltd. 155 North Michigan Avenue Suite 501 Chicago, IL 60601 (312) 616−4244 Email: sseliger1@aol.com LEAD ATTORNEY

Case: 1:06-cv-5114 As of: 06/01/2017 02:52 PM CDT 2 of 9 ATTORNEY TO BE NOTICED

V. Defendant Mediterranean Partnes, Inc. doing business as The York Tavern
Intervenor Plaintiff Cynthia L Daley TERMINATED: 04/29/2008

represented by James Gus Sotos The Sotos Law Firm, P.C. 550 East Devon Avenue Suite Itasca, IL 60143 (630) 735−3300 Email: jsotos@jsotoslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth A Ekl James G. Sotos & Associates, Ltd. 550 East Devon Suite 150 Itasca, IL 60143 (630) 735−3300 Email: eekl@jsotoslaw.com ATTORNEY TO BE NOTICED
John H. Boyd Zanck, Coen & Wright, P.C. 40 Brink Street Crystal Lake, IL 60014 815−459−8800 Email: jboyd@zcwlaw.com TERMINATED: 04/24/2008
John J. Timbo The Sotos Law Firm, P.C. 550 East Devon Suite 150 Itasca, IL 60143 (630) 735−3300 Email: jtimbo@jsotoslaw.com ATTORNEY TO BE NOTICED
Julie K. Bisbee Hale Law LLC 53 W. Jackson Ste. 330 Chicago, IL 60604 312−341−7646 Email: jbisbee@ahalelaw.com ATTORNEY TO BE NOTICED
Sara Marie Cliffe Office of General Counsel for Northern Illinois University Altgeld Hall Room 330 Room 330 DeKalb, IL 60115 (815) 753−1774 Email: scliffe@niu.edu ATTORNEY TO BE NOTICED
represented by Michael T. Smith Michael T. Smith & Associates

Case: 1:06-cv-5114 As of: 06/01/2017 02:52 PM CDT 3 of 9
10 North Martingale Road Suite 400 Schaumburg, IL 60173 (847)466−1099 Email: msmith39950@aol.com TERMINATED: 04/29/2008 LEAD ATTORNEY

Date Filed 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 10/03/2006
10/03/2006 10/12/2006 10/12/2006
10/18/2006
10/19/2006 10/19/2006 10/19/2006 10/19/2006 10/31/2006 10/31/2006
10/31/2006
11/03/2006

# Docket Text
1 COMPLAINT filed by U.S. Equal Employment Opportunity Commission; Jury Demand.(lcw, ) (Entered: 09/25/2006)
2 CIVIL Cover Sheet. (lcw, ) (Entered: 09/25/2006)
3 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Gregory M. Gochanour. (lcw, ) (Entered: 09/25/2006)
4 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by John C. Hendrickson. (lcw, ) (Entered: 09/25/2006)
5 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by June Wallace Calhoun. (lcw, ) (Entered: 09/25/2006)
6 WAIVER OF SERVICE returned executed by U.S. Equal Employment Opportunity Commission. Mediterranean Partnes, Inc. waiver sent on 9/28/2006, answer due 11/27/2006. (Calhoun, June) (Entered: 10/03/2006)
7 WAIVER OF SERVICE returned executed by U.S. Equal Employment Opportunity Commission. (Calhoun, June) (Entered: 10/03/2006)
8 MOTION to intervene as plaintiff (Seliger, Stephen) (Entered: 10/12/2006)
9 NOTICE of Motion by Stephen G. Seliger for presentment of motion to intervene 8 before Honorable John A. Nordberg on 10/18/2006 at 02:30 PM. (Seliger, Stephen) (Entered: 10/12/2006)
10 MINUTE entry before Judge John A. Nordberg : Motion to intervene 8 is granted without objection. Motion hearing held on 10/18/2006 regarding motion to intervene. 8 Status hearing set for 11/8/2006 at 2:30 PM. Mailed notice (tlp, ) (Entered: 10/18/2006)
11 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by James Gus Sotos (Sotos, James) (Entered: 10/19/2006)
12 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by Elizabeth A Ekl (Ekl, Elizabeth) (Entered: 10/19/2006)
13 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by Sara Marie Cliffe (Cliffe, Sara) (Entered: 10/19/2006)
14 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by John J. Timbo (Timbo, John) (Entered: 10/19/2006)
15 MOTION to intervene (Attachments: # 1 Exhibit A)(Smith, Michael) (Entered: 10/31/2006)
16 NOTICE of Motion by Michael T. Smith for presentment of motion to intervene 15 before Honorable John A. Nordberg on 11/8/2006 at 02:30 PM. (Smith, Michael) (Entered: 10/31/2006)
17 Revised NOTICE of Motion by Michael T. Smith for presentment of motion to intervene 15 before Honorable John A. Nordberg on 11/8/2006 at 02:30 PM. (Smith, Michael) (Entered: 10/31/2006)
18 MOTION by Defendant Mediterranean Partnes, Inc. for extension of time To Respond To Intervenors' Complaints (Cliffe, Sara) (Entered: 11/03/2006)

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11/03/2006 11/07/2006 11/07/2006 11/08/2006
11/27/2006 11/27/2006 11/29/2006 11/29/2006 11/29/2006 11/29/2006 11/30/2006
12/29/2006
12/29/2006 01/03/2007
01/11/2007 01/11/2007 01/11/2007 01/17/2007

19 NOTICE of Motion by Sara Marie Cliffe for presentment of motion for extension of time 18 before Honorable John A. Nordberg on 11/8/2006 at 02:30 PM. (Cliffe, Sara) (Entered: 11/03/2006)
20 ATTORNEY Appearance for Intervenor Plaintiff Cynthia L Daley by Michael T. Smith (Smith, Michael) (Entered: 11/07/2006)
21 NOTICE by Cynthia L Daley re attorney appearance 20 (Smith, Michael) (Entered: 11/07/2006)
22 MINUTE entry before Judge John A. Nordberg : Defendant's agreed motion for extension of time to respond to intervenors' complaints 18 is granted to and including 11/29/2006. Plaintiff−intervenor's motion to intervene 15 is granted. Status hearing held and continued to 11/30/2006 at 02:30 AM. Mailed notice (gej, ) (Entered: 11/09/2006)
23 MOTION by Defendant Mediterranean Partnes, Inc.For A More Definite Statement Pursuant To Federal Rule Of Civil Procedure 12(e) (Cliffe, Sara) (Entered: 11/27/2006)
24 NOTICE of Motion by Sara Marie Cliffe for presentment of motion for miscellaneous relief 23 before Honorable John A. Nordberg on 11/30/2006 at 02:30 PM. (Cliffe, Sara) (Entered: 11/27/2006)
25 MOTION by Defendant Mediterranean Partnes, Inc. to dismiss Vito And Marianne Moreci From Counts I Through VI Of Cynthia Daley's Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) (Cliffe, Sara) (Entered: 11/29/2006)
26 NOTICE of Motion by Sara Marie Cliffe for presentment of motion to dismiss 25 before Honorable John A. Nordberg on 12/6/2006 at 02:30 PM. (Cliffe, Sara) (Entered: 11/29/2006)
27 Defendants' ANSWER to Complaint of Plaintiff−Intervenor Diana Shin by Mediterranean Partnes, Inc.(Cliffe, Sara) (Entered: 11/29/2006)
28 Defendants' ANSWER to Complaint of Plaintiff−Intervenor Cynthia Daley by Mediterranean Partnes, Inc.(Cliffe, Sara) (Entered: 11/29/2006)
29 MINUTE entry before Judge John A. Nordberg : Status hearing held on 11/30/2006. Briefing schedule as to motion for a more definite statement and 23 motion to dismiss 25 : Responses due by 1/3/2007; Replies due by 1/24/2007; Ruling by mail. Mailed notice (tlp, ) (Entered: 11/30/2006)
30 RESPONSE by Cynthia L Daleyin Opposition to MOTION by Defendant Mediterranean Partnes, Inc. to dismiss Vito And Marianne Moreci From Counts I Through VI Of Cynthia Daley's Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) 25 (Smith, Michael) (Entered: 12/29/2006)
31 NOTICE by Cynthia L Daley re response in opposition to motion, 30 (Smith, Michael) (Entered: 12/29/2006)
32 RESPONSE by U.S. Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant Mediterranean Partnes, Inc.For A More Definite Statement Pursuant To Federal Rule Of Civil Procedure 12(e) 23 (Attachments: # 1 Notice of Filing)(Calhoun, June) (Entered: 01/03/2007)
33 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Diane Ilene Smason (Smason, Diane) (Entered: 01/11/2007)
34 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to withdraw as attorney (Smason, Diane) (Entered: 01/11/2007)
35 NOTICE of Motion by Diane Ilene Smason for presentment of motion to withdraw as attorney 34 before Honorable John A. Nordberg on 1/17/2007 at 02:30 PM. (Smason, Diane) (Entered: 01/11/2007)
36 MINUTE entry before Judge John A. Nordberg :Motion of Gregory Gochanour 34 to withdraw is granted.Attorney Gregory M. Gochanour terminated.Mailed notice (lcw, ) (Entered: 01/18/2007)

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01/24/2007 01/24/2007 02/13/2007
02/28/2007 02/28/2007 03/02/2007 03/02/2007 03/08/2007 03/09/2007 04/23/2007 04/23/2007 04/25/2007
04/25/2007 05/11/2007 08/08/2007 08/08/2007 08/08/2007 08/14/2007 08/30/2007 09/12/2007

37 REPLY by Defendant Mediterranean Partnes, Inc. In Support Of Their Motion To Dismiss Vito And Marianne Moreci (Cliffe, Sara) (Entered: 01/24/2007)
38 REPLY by Defendant Mediterranean Partnes, Inc. In Support Of Its Motion For A More Definite Statement (Cliffe, Sara) (Entered: 01/24/2007)
39 MINUTE entry before Judge John A. Nordberg : Defendant's motion for a more definite statement is denied. Defendant's motion to dismiss Vito and Marianne Moreci from Counts I through VI of Cynthia Daleys Complaint pursuant to Rule 12(b)(6) is granted. The parties are directed to appear at a status hearing at 2:30 p.m. on 2/28/07. Mailed notice (lcw, ) (Entered: 02/14/2007)
40 MINUTE entry before Judge John A. Nordberg :Status hearing held on 2/28/2007.Status hearing set for 4/25/2007 at 2:30 PM.Mailed notice (tlp, ) (Entered: 02/28/2007)
41 Defendant's ANSWER to Complaint by Mediterranean Partnes, Inc.(Cliffe, Sara) (Entered: 02/28/2007)
42 counsel for Diana Shin MOTION by Plaintiff Diana Shin for leave to appear as counsel for Diana Shin (Seliger, Stephen) (Entered: 03/02/2007)
43 NOTICE of Motion by Stephen G. Seliger for presentment of before Honorable John A. Nordberg on 3/8/2007 at 02:30 PM. (Seliger, Stephen) (Entered: 03/02/2007)
44 MINUTE entry before Judge John A. Nordberg : Motion of Stephen Seliger to file his appearance on behalf of Diana Shin 42 is granted.Mailed notice (cdy, ) (Entered: 03/09/2007)
45 ATTORNEY Appearance for Plaintiff Diana Shin by Stephen G. Seliger (Seliger, Stephen) (Entered: 03/09/2007)
46 Preliminary Pretrial Scheduling Order by U.S. Equal Employment Opportunity Commission (Calhoun, June) (Entered: 04/23/2007)
47 NOTICE by U.S. Equal Employment Opportunity Commission (Calhoun, June) (Entered: 04/23/2007)
48 MINUTE entry before Judge John A. Nordberg : Status hearing held. Cut−off date for amendment of pleadings and joinder is 8/24/07. Cut−off date for designation of trial experts is 10/26/07. Cut−off date for discovery is 1/25/08. Final status hearing set for 1/30/08 at 2:30 p.m. Cut−off date for designation of dispositive motions is 1/30/08. Mailed notice (lcw, ) (Entered: 04/27/2007)
49 PRELIMINARY Pretrial Scheduling Order. Signed by Judge John A. Nordberg on 4/25/2007.(lcw, ) (Entered: 04/27/2007)
50 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by John H. Boyd (Boyd, John) (Entered: 05/11/2007)
51 MOTION by Plaintiff Diana Shin to amend/correct for leave to file amended complaint (Seliger, Stephen) (Entered: 08/08/2007)
52 NOTICE of Motion by Stephen G. Seliger for presentment of before Honorable John A. Nordberg on 8/15/2007 at 02:30 PM. (Seliger, Stephen) (Entered: 08/08/2007)
53 CERTIFICATE of Service by Plaintiff Diana Shin (Seliger, Stephen) (Entered: 08/08/2007)
54 MINUTE entry before Judge John A. Nordberg :Briefing schedule as to motion to amend/correct 51 is set as follows: Response due by 8/31/2007; Reply due by 9/14/2007.Mailed notice (tlp,) (Entered: 08/14/2007)
55 RESPONSE by Defendant Mediterranean Partnes, Inc. To Plaintiff Shin's Motion For Leave To File An Amended Complaint (Boyd, John) (Entered: 08/30/2007)
56 MINUTE entry before Judge John A. Nordberg :MOTION by Plaintiff Diana Shin to amend/correct for leave to file amended complaint 51 is withdrawn without objection.Mailed notice (tlp, ) (Entered: 09/12/2007)

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09/17/2007
09/17/2007 09/18/2007 09/18/2007 09/19/2007
09/21/2007 09/21/2007 09/26/2007
10/24/2007 10/24/2007 10/31/2007 01/30/2008 02/27/2008 02/27/2008 02/27/2008

57 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Defendant to Respond Fully to EEOC Interrogatory Nos. 4, 8 and 10 (Attachments: # 1 Exhibit Defendant's Responses to EEOC's Interrogatories and Correspondence dated Aug. 23 and Aug. 31, 2007# 2 Exhibit Unpublished Caselaw# 3 Exhibit Unpublished Caselaw)(Calhoun, June) (Entered: 09/17/2007)
58 NOTICE of Motion by June Wallace Calhoun for presentment of motion to compel, 57 before Honorable John A. Nordberg on 9/19/2007 at 02:30 PM. (Calhoun, June) (Entered: 09/17/2007)
59 MOTION by Defendant Mediterranean Partnes, Inc. to stay Fact Discovery Until Resolution Of Mediterranean Partners Inc.'s Motion For Summary Judgment (Cliffe, Sara) (Entered: 09/18/2007)
60 NOTICE of Motion by Sara Marie Cliffe for presentment of motion to stay 59 before Honorable John A. Nordberg on 9/26/2007 at 02:30 PM. (Cliffe, Sara) (Entered: 09/18/2007)
61 MINUTE entry before Judge John A. Nordberg : MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Defendant to Respond Fully to EEOC Interrogatory Nos. 4, 8 and 10 57 is granted by agreement.Motion to stay fact discovery 59 is withdrawn. Motion hearing held on 9/19/2007 regarding motion to stay 59 and motion to compel. 57 Mailed notice (tlp, ) (Entered: 09/19/2007)
62 MOTION by Defendant Mediterranean Partnes, Inc. to amend/correct Order Of September 19, 2007 (Sotos, James) (Entered: 09/21/2007)
63 NOTICE of Motion by James Gus Sotos for presentment of motion to amend/correct 62 before Honorable John A. Nordberg on 9/26/2007 at 02:30 PM. (Sotos, James) (Entered: 09/21/2007)
64 MINUTE entry before Judge John A. Nordberg : Motion to amend minute order of September 19, 2007 62 to reflect that Plaintiff EEOC's motion to compel Defendant to Respond Fully to EEOC Interrogatory Nos. 4, 8 and 10 57 is entered and continued generally, pursuant to agreement of the parties. Mailed notice (lcw, ) (Entered: 09/28/2007)
65 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel IDES to Produce Reports filed by Defendant (Attachments: # 1 Exhibit Subpoena to IDES# 2 Exhibit Letter from IDES)(Calhoun, June) (Entered: 10/24/2007)
66 NOTICE of Motion by June Wallace Calhoun for presentment of motion to compel 65 before Honorable John A. Nordberg on 10/31/2007 at 02:30 PM. (Calhoun, June) (Entered: 10/24/2007)
67 MINUTE entry before Judge John A. Nordberg :MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel IDES to Produce Reports filed by Defendant 65 is granted. Motion hearing held on 10/31/2007 regarding motion to compel. 65 Mailed notice (tlp, ) (Entered: 10/31/2007)
68 MINUTE entry before Judge John A. Nordberg :Status hearing held on 1/30/2008. Defendant Cynthia Daley must appear at the next hearing in person or by counsel.Status hearing set for 2/27/2008 at 2:30 PM.Mailed notice (tlp, ) (Entered: 01/30/2008)
69 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to approve consent judgment Agreed Motion for Entry of Consent Decree (Attachments: # 1 Consent Decree)(Smason, Diane) (Entered: 02/27/2008)
70 NOTICE of Motion by Diane Ilene Smason for presentment of motion to approve consent judgment 69 before Honorable John A. Nordberg on 2/27/2008 at 02:30 PM. (Smason, Diane) (Entered: 02/27/2008)
71 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Geraldine Soat Brown for the purpose of holding proceedings related to: discovery supervision; discovery motion(s); settlement conference.(tlp, )Mailed notice. (Entered: 02/27/2008)

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02/27/2008 02/27/2008 02/27/2008 02/27/2008 02/27/2008 02/29/2008
03/18/2008 03/18/2008 03/24/2008
03/25/2008 03/26/2008 04/01/2008
04/14/2008 04/14/2008 04/14/2008 04/24/2008
04/25/2008

72 MINUTE entry before Judge John A. Nordberg :Status hearing held on 2/27/2008.Mailed notice (tlp,) (Entered: 02/27/2008)
73 MINUTE entry before Judge John A. Nordberg :Motion to approve consent judgment 69 is granted.Mailed notice (tlp,) (Entered: 02/27/2008)
75 MINUTE entry before Judge John A. Nordberg : Enter consent decree. Mailed notice (lcw, ) (Entered: 03/03/2008)
76 CONSENT DECREE. Signed by Judge John A. Nordberg on 2/27/2008.(lcw, ) (Entered: 03/03/2008)
77 NOTICE To All Employees and Applicants of Mediterranean Partners, Inc. d/b/a The York Tavern. Signed by Judge John A. Nordberg on 2/27/08.(lcw, ) (Entered: 03/03/2008)
74 MINUTE entry before Judge Geraldine Soat Brown : The referral of this matter having been assigned to Magistrate Judge Geraldine Soat Brown, an initial status hearing is hereby set before Magistrate Judge Brown on 04/01/08 at 9:00 a.m. in Courtroom 1812. The parties shall deliver a copy of an initial status report providing the information required by Judge Brown's Order Setting Initial Status Report to the Courtroom Deputy (Room 1808) three business days before the initial status hearing. See www.ilnd.uscourts.gov/JUDGE BROWN.Notice mailed by judge's staff (ntf, ) (Entered: 02/29/2008)
78 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to withdraw (Calhoun, June) (Entered: 03/18/2008)
79 NOTICE of Motion by June Wallace Calhoun for presentment of motion to withdraw 78 before Honorable John A. Nordberg on 3/25/2008 at 02:30 PM. (Calhoun, June) (Entered: 03/18/2008)
80 MINUTE entry before Judge Honorable John A. Nordberg: MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to withdraw the appearances of June Calhoun and Diane I. Smason 78 is granted. Motion hearing set for 3/25/2008 is stricken.Mailed notice (rbf, ) (Entered: 03/25/2008)
81 STATUS Report before Magistrate Judge Brown by Diana Shin (Seliger, Stephen) (Entered: 03/25/2008)
82 STATUS Report Defendants' Initial Status Report by Mediterranean Partnes, Inc. (Cliffe, Sara) (Entered: 03/26/2008)
83 MINUTE entry before Judge Honorable Geraldine Soat Brown:Status hearing held and continued to 05/08/08 at 9:45 a.m. Counsel for Intervenor Plaintiff Cynthia L Daley, advises the court that plaintiff will file a stipulation to dismiss without prejudice no later than 04/15/08. Counsel for the defendant and plaintiff Diana Shin will meet to schedule the depositions they know now they will take no later than 04/25/08.Notice mailed by judge's staff (ntf, ) (Entered: 04/01/2008)
84 MOTION by Defendant Mediterranean Partnes, Inc. to withdraw Attorney (Sotos, James) (Entered: 04/14/2008)
85 NOTICE of Motion by James Gus Sotos for presentment of motion to withdraw 84 before Honorable John A. Nordberg on 4/23/2008 at 02:30 PM. (Sotos, James) (Entered: 04/14/2008)
86 NOTICE of Voluntary Dismissal by Cynthia L Daley (Smith, Michael) (Entered: 04/14/2008)
87 MINUTE entry before Judge Honorable John A. Nordberg: Motion of attorney John Boyd to withdraw his appearance on behalf of defendant 84 is granted. Joint stipulation to dismiss 86 is granted. Civil case terminated. Mailed notice (lcw, ) (Entered: 04/25/2008)
88 MINUTE entry before Judge Honorable Geraldine Soat Brown: This case has been terminated by the District Judge. The status hearing date of 05/08/08 is stricken. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Judge Honorable Geraldine Soat

Case: 1:06-cv-5114 As of: 06/01/2017 02:52 PM CDT 8 of 9

04/29/2008 04/30/2008 04/30/2008
05/20/2008 05/20/2008 05/20/2008 05/20/2008
05/20/2008 05/20/2008 05/20/2008 05/21/2008 05/23/2008 05/23/2008

Brown no longer referred to the case.Notice mailed by judge's staff (ntf, ) (Entered: 04/25/2008)
89 MINUTE entry before Judge Honorable John A. Nordberg: The minute order of April 24,2008, document #87, is amended to reflect: Joint stipulation to dismiss is granted 86 as to Intervenor Plaintiff, Cynthia Daley only. This case is reinstated as to all other parties. Mailed notice (rbf, ) (Entered: 04/29/2008)
90 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Honorable Geraldine Soat Brown for the purpose of holding proceedings related to: discovery supervision, discovery motion(s) and settlement conference.(tlp,)Mailed notice. (Entered: 04/30/2008)
91 MINUTE entry before Judge Honorable Geraldine Soat Brown: The referral of this matter having been assigned to Magistrate Judge Geraldine Soat Brown, an initial status hearing is hereby set before Magistrate Judge Brown on 05/21/08 at 9:00 a.m. in Courtroom 1812. The parties shall deliver a copy of an initial status report providing the information required by Judge Brown's Order Setting Initial Status Report to the Courtroom Deputy (Room 1808) three business days before the initial status hearing. See www.ilnd.uscourts.gov/JUDGE BROWN.Notice mailed by judge's staff (ntf, ) (Entered: 04/30/2008)
92 ATTORNEY Appearance for Defendant Mediterranean Partnes, Inc. by Julie K. Bisbee (Bisbee, Julie) (Entered: 05/20/2008)
93 MOTION by Defendant Mediterranean Partnes, Inc. for summary judgment Pursuant to Federal Rule of Civil Procedure 56(C) (Cliffe, Sara) (Entered: 05/20/2008)
94 MEMORANDUM by Mediterranean Partnes, Inc. in support of motion for summary judgment 93 (Cliffe, Sara) (Entered: 05/20/2008)
95 STATEMENT by Mediterranean Partnes, Inc. of Facts in Support of Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I PART 1 OF 3, # 10 Exhibit I PART 2 OF 3, # 11 Exhibit I PART 3 OF 3, # 12 Exhibit J PART 1 OF 8, # 13 Exhibit J PART 2 OF 8, # 14 Exhibit J PART 3 OF 8, # 15 Exhibit J PART 4 OF 8, # 16 Exhibit J PART 5 OF 8, # 17 Exhibit J PART 6 OF 8, # 18 Exhibit J PART 7 OF 8, # 19 Exhibit J PART 8 OF 8, # 20 Exhibit K, # 21 Exhibit L, # 22 Exhibit M, # 23 Exhibit N, # 24 Exhibit O, # 25 Exhibit P, # 26 Exhibit Q, # 27 Exhibit R, # 28 Exhibit S, # 29 Exhibit T, # 30 Exhibit U, # 31 Exhibit V)(Cliffe, Sara) (Entered: 05/20/2008)
96 NOTICE of Motion by Sara Marie Cliffe for presentment of motion for summary judgment 93 before Honorable John A. Nordberg on 5/29/2008 at 02:30 PM. (Cliffe, Sara) (Entered: 05/20/2008)
97 MOTION by Defendant Mediterranean Partnes, Inc.To Structure Fact Discovery Until Resolution of Defendant's Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cliffe, Sara) (Entered: 05/20/2008)
98 NOTICE of Motion by Sara Marie Cliffe for presentment of motion for miscellaneous relief 97 before Honorable Geraldine Soat Brown on 5/30/2008 at 09:45 AM. (Cliffe, Sara) (Entered: 05/20/2008)
99 MINUTE entry before the Honorable Geraldine Soat Brown: Status hearing held and continued to 06/06/08 at 9:45 a.m. Defendant's motion to structure fact discovery 97 is entered and continued to 06/06/08 at 9:45 a.m. Plaintiff's response to defendant's motion shall be filed by 06/02/08.Notice mailed by judge's staff (ntf, ) (Entered: 05/21/2008)
100 MOTION by Defendant Mediterranean Partnes, Inc. for leave to file an Amended Exhibit to its Statement of Facts, Instanter (Attachments: # 1 Exhibit (Amended) H)(Bisbee, Julie) (Entered: 05/23/2008)
101 NOTICE of Motion by Julie K. Bisbee for presentment of motion for leave to file 100 before Honorable John A. Nordberg on 5/29/2008 at 02:30 PM. (Bisbee, Julie) (Entered: 05/23/2008)

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05/29/2008
05/29/2008 06/02/2008 06/06/2008 06/18/2008 07/01/2008 07/01/2008

102 MINUTE entry before the Honorable John A. Nordberg: MOTION by Defendant Mediterranean Partnes, Inc. for leave to file an Amended Exhibit to its Statement of Facts, Instanter 100 is granted. Motion hearing held on 5/29/2008 regarding motion for leave to file 100 .( Status hearing set for 9/25/2008 at 2:30 PM.) Motions for summary judgment 93 . 97 are entered and continued.Mailed notice (tlp, ) (Entered: 05/29/2008)
103 TRANSCRIPT of proceedings for the following dates: 2/27/08; Before the Honorable Honorable John A. Nordberg. (Document Not Scanned) (lcw, ) (Entered: 05/30/2008)
104 REPLY by Diana Shin to MOTION by Defendant Mediterranean Partnes, Inc.To Structure Fact Discovery Until Resolution of Defendant's Motion for Summary Judgment 97 (Attachments: # 1 Exhibit, # 2 Exhibit)(Seliger, Stephen) (Entered: 06/02/2008)
105 MINUTE entry before the Honorable Geraldine Soat Brown: Status hearing held and continued to at 06/19/08 at 9:30 a.m. Motion hearing held. For the reasons stated on the record, defendant's motion to structure fact discovery 97 is denied. Notice mailed by judge's staff (ntf, ) (Entered: 06/06/2008)
106 MINUTE entry before the Honorable Geraldine Soat Brown:At the parties' request, status hearing previously set for 06/19/08 is stricken and reset to 07/02/08 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 06/18/2008)
107 MINUTE entry before the Honorable John A. Nordberg: All matters of controversy having been resolved, this case is dismissed with prejudice, with leave to request reinstatement within 30 days. Status set for 9/25/2008 is stricken.Civil case terminated. Mailed notice (tlp, ) (Entered: 07/01/2008)
108 MINUTE entry before the Honorable Geraldine Soat Brown: This case has been dismissed by the District Judge.The status hearing date of 07/02/08 is stricken. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Honorable Geraldine Soat Brown no longer referred to the case.Notice mailed by judge's staff (ntf, ) . (Entered: 07/01/2008)

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY, )

COMMISSION.

)

)

PLAINTIFF,

)

)

v.

)

)

MEDITERRANEAN PARTNERS, INC. )

d/b/a THE YORK TAVERN.

)

)

DEFENDANT.

)

)

CYNTHIA L. DALEY,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

MEDITERRANEAN PARTNERS, INC., )

d/b/a THE YORK TAVERN, VITO

)

MORECI and MARIANNA MOCERI,

)

)

Defendants.

)

No. 06 C 5114
Judge John A. Nordberg Magistrate Judge Brown JURY TRIAL

PLAINTIFF-INTERVENOR’S COMPLAINT Plaintiff-Intervenor, CYNTHIA L. DALEY (DALEY), by and through her attorney, Michael T. Smith, and in complaining of Defendants MEDITERRANEAN PARTNERS, INC., d/b/a THE YORK TAVERN ( hereinafter “YORK TAVERN”), VITO MOCERI (VITO) and MARIANNA MOCERI (MARIANNA), and in support thereof states as follows:
COUNT I Sexual Harassment and Retaliation
NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964 and as amended by

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inter alia, the Civil Rights Act of 1991, for the YORK TAVERN having subjected DALEY to a sexually hostile work environment despite DALEY’S repeated complaints about same, and for YORK TAVERN’s discrimination against, and harassment of, DALEY based upon her sex and, further, for YORK TAVERN’ retaliation against DALEY for her report of the sexual advances to executive officers of the YORK TAVERN.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked 28 U.S.C. Section 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Title VII of the Civil Rights 1964 (“Title VII”), 42 U.S.C.A. §§ 2000 (e) et seq. 2. The employment practices hereafter alleged to be unlawful were and now being committed in Northern District of Illinois. 3. DALEY is an adult person and a resident of Du Page County, State of Illinois. 4. DALEY was hired as an employee of YORK TAVERN in August of 1994. 5. At all times relevant, YORK TAVERN has been and is now an Illinois Corporation doing business in the State of Illinois and the Village of Oak Brook, Du Page County, and has continuously had and now have at least twenty-five (25) employees. 6. At all times relevant herein, YORK TAVERN has been an employer as defined by the 42 U.S.C.A §2000 et seq, in that Defendant is engaged in an industry affecting commerce and has had 25 or more employees. 7. At all times relevant, VITO MOCERI, was an owner of YORK TAVERN, and was, in that capacity, the immediate supervisor of DALEY. As owner, he had the authority and power to discharge and discipline DALEY.
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8. At all times relevant MARIANNA MOCERI, was also an owner of YORK TAVERN.
9. Except where otherwise specifically alleged, DALEY was subjected to ongoing sexual harassment while employed at YORK TAVERN.
STATEMENT OF CLAIMS 10. On an ongoing basis commencing from April of 2004 through and including June of 2005, the YORK TAVERN and by its VITO created a hostile and sexually harassed atmosphere by the following acts which DALEY found unwelcome and objectionable:
A. Unwelcome sexual advances; B. Requests for sexual favors; C. Physical contact in a sexual or provoking matter.
11. During the period of employment after April 2004 with YORK TAVERN, DALEY worked in an environment riddled with sexual harassment. The sexual harassment conduct being carried out by employees of YORK TAVERN.
12. As a result of employees of YORK TAVERN, conduct of sexual harassment, DALEY suffered a nervous condition and has been diagnosed for anxiety because of her mental condition she (DALEY) has had to seek medical attention.
13. DALEY filed a discrimination charge against YORK TAVERN with the Equal Employment Opportunity Commission (EEOC) on May 4, 2005. That charge was timely filed under 42 U.S.C.A. 2000(e).
14. On September 21, 2006, the EEOC filed a Complaint against Defendant MEDITERRANEAN PARTNERS, INC., d/b/a THE YORK TAVERN, in case No. 60 C
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5114 based upon the charges by DALEY and other employees of the defendant. COUNT II
HOSTILE ENVIRONMENT 1-14. DALEY realleges paragraphs one (1) through fourteen (14) of Count I and realleges them as paragraphs one (1) through fourteen (14) of Count II. 15. Work efficiency of DALEY became impaired by the sexually provocative conduct of VITO, making it very difficult to work at YORK TAVERN.
16. DALEY, as a result of this situation, her health has been affected. 17. As a result of DALEY termination, she has lost tangible employment benefits from being subjected to a hostile work environment due to the sexual harassment by VITO and other employees of YORK TAVERN.
COUNT III HOSTILE ENVIRONMENT 1-17. DALEY realleges paragraphs one (1) through seventeen (17) of Count II and realleges them as paragraphs one (1) through seventeen (17) of Count III. 18. After filing her complaint with the EEOC as stated above VITO and MARIANNA of YORK TAVERN abusive conduct as a means of retaliating against her for the filing of said charges. 19. Further, VITO and MARIANNA openly made disparaging remarks against her to other employees of YORK TAVERN due to her complaint against the conduct of VITO made to the EEOC. 20. DALEY was wrongfully accused by MARIANNA of misconduct without any due process hearing or presentment of evidence against her.
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21. Further, job efficiency of DALEY became impaired by the illicit conduct of VITO and MARIANNA, making it very difficult to work at YORK TAVERN.
22. DALEY, as a result of this situation, her health has been affected. 23. On March 31, 2006, based upon the retaliation and wrongful conduct of VITO and MARIANNA, DALEY filed an Amended Title VII Civil Rights Discrimination charge against YORK TAVERN, with the Equal Employment Opportunity Commission (EEOC) No. 440-2006-02723.
COUNT IV RETALIATION 1-23. DALEY realleges paragraphs one (1) through twenty-three (23) of Count III and realleges them as paragraphs one (1) through twenty-three (23) of Count IV. 24. DALEY after continuing to oppose the sexual advances of VITO, DALEY suffered reduced earnings, which she believes was a direct retaliation against her for not “giving into VITO’s demands.” 25. On May 4, 2005, based upon the retaliation by her and wrongful conduct of the owner of TORK TAVERN, DALEY filed a Title VII Civil Rights Discrimination charge against YORK TAVERN with the Equal Employment Opportunity Commission (EEOC). That charge was timely filed under 42 U.S.C.A. 2000(e). 26. As a result of retaliation and sex discrimination against DALEY, she has lost tangible employment benefits from the YORK TAVERN. 27. DALEY has no adequate remedy at law to secure relief for the loss of wages.
COUNT V RETALIATION 1-28. DALEY realleges paragraphs one (1) through twenty-eight (28) of Count IV and
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realleges them as paragraphs one (1) through twenty-eight (28) of Count V. 29. DALEY was terminated, constructively discharged and/or not allowed to return to
employment on February 2, 2006, as a direct retaliation of the charges brought by her with the EEOC on May 4, 2005.
30. On March 28, 2006, based upon the retaliation by her and wrongful conduct of owners of YORK TAVERN, DALEY filed an Amended Title VII Civil Rights Discrimination charge against YORK TAVERN with the Equal Employment Opportunity Commission (EEOC). That charge was timely filed under 42 U.S.C.A. 2000(e).
31. As a result of retaliation and sex discrimination against DALEY, she has lost tangible employment benefits from the YORK TAVERN. 32. DALEY has no adequate remedy at law to secure relief for the loss of employment opportunity. If this court does not enter an order for YORK TAVERN to accommodate DALEY by reinstating her to the job DALEY was qualified for, DALEY will be irreparably injured.
COUNT VI DISCRIMINATION BASED UPON DISABLITIES
NATURE OF ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability and to make whole DALEY. Defendant, YORK TAVERN discriminated against DALEY, a qualified individual with a disability, because of her then disability.
JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S.C.A. & & 451, 1331, 1337,
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1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.A. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C.A. § § 2000e-5 (f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C.A. § 1981(A) . 33-38. DALEY realleges paragraphs one (1) through six (6) of Count I and realleges them as paragraphs thirty-three (33) through thirty-eight (38) of Count VI.
39. Plaintiff, DALEY is “disabled” as defined by ADA 42 U.S.C.A. § 12102 (2), in that she has a record of or is regarded as having a physical and psychological impairment that substantially limits one or more of her major life activities.
STATEMENT OF CLAIMS 40. Despite YORK TAVERN listing itself as an equal employment company and having a company policy against Discrimination to the disabled, YORK TAVERN intentionally discriminated against DALEY because of DALEY's disability by refusing to provide minimal accommodation required by her, and by YORK TAVERN's policy and practice of not accommodating, on many occasions, the physical and psychological needs of DALEY. 41. In the alternative, the action of YORK TAVERN done pursuant to a policy or practice that has a discriminatory effect on DALEY as a disabled person in the following manner: that unless an individual is 100% "normal" physically, she or he has no right to any employment.
42. DALEY is a "qualified individual with a disability" within the meaning of 42 U.S.C.A. § 12111(8) because she can, with reasonable accommodations, perform the
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essential functions of the job that she held in the employ of the YORK TAVERN. 43. The discriminatory action of YORK TAVERN as set forth above has caused
DALEY to suffer losses of earnings, and as a further proximate result of YORK TAVERN's unlawful and intentional discriminatory actions against DALEY, as alleged above, DALEY has been harmed in that DALEY has suffered in her position, her work environment has become impaired and her work performance has been impaired. As a further proximate result of YORK TAVERN's unlawful and intentional discriminatory actions against DALEY, as alleged above, DALEY has been harmed in that DALEY has suffered emotional pain, humiliation, mental anguish, loss of enjoyment of life, and emotional distress. As a result of such discrimination and consequent harm, DALEY has suffered such damages in an amount according to proof.
44. DALEY has no adequate remedy at law to secure relief. If this court does not enter an order for YORK TAVERN to accommodate DALEY, DALEY will be irreparably injured.
45. DALEY filed a discrimination charge against YORK TAVERN with the Equal Employment Opportunity (EEO). That charge was timely filed, under the ADA, 42 U.S.C.A. § 12117(a), which incorporates the procedures set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. A. § 2000e-5(e).
WHEREFORE, DALEY prays for judgment as follows: A. For back pay, with prejudgment interest, from the date of discriminatory actions as set forth above, but not more than two years prior to filing of EEOC charge by DALEY under Title VII, to the date of judgment herein; B. For front pay and/or future lost earnings, for the period from the date of judgment;
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C. For compensatory damages in an amount of $300,000.00; D. For punitive damages in an amount not less than $300,000.00; E. For injunctive relief, including but not limited to relief required to make DALEY whole for the losses caused by the violations of YORK TAVERN; F. For costs of suit, including reasonable attorney's fees and expert fees, pursuant to set forth in Title VII of the Civil Rights Act of 1964. G. For such other and further relief as the court deems proper.
COUNT VII PENDANT JURISDICTION INTENTIONA INFLICTION OF EMOTIONAL DISTRESS
Nature of Action This is an action under the Illinois law, which involves the some of the same factual basis of DALEY’s discrimination claims of while employed by YORK TAVERN by acts and conduct of VITO MOCERI and MARIANNA MOCERI of YORK TAVERN.
JURISDICTION This comes under the pendent jurisdiction of the Court since it involves the some of same operative facts and parties as set forth in DALEY’s Discrimination claims. 1. DALEY is an adult person and a resident of DuPage County, State of Illinois. 2. DALEY was an employee of YORK TAVERN from August 1994 until February 2006. 3. At all times relevant, YORK TAVERN has been, and is, a corporation organized under the laws the State of Illinois, County of DuPage. 4. Defendant, VITO MOCERI (VITO) was during the revelant times, owner of YORK TAVERN along with Defendant, MARIANNA MOCERI.
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5. On an on going basis after filing her EEOC complaint in May of 2005, was intimidated to witt:
a) by threats from VITO that do one gets money from him which was perceived by DALEY as a direct reference and indirect threat from the charges she file with the EEOC ;
b) by Marla Kramer informing DALEY when DALEY told of problems with air conditioning at YORK TAVERN, “what do you expect him (VITO) to do after what you are doing to him from charges filed with the EEOC.” Again a direct reference and indirect threat.
c) by being accused by VITO and MARIANNA of stealing from YORK TAVERN without just cause so as to create fear and intimidation in DALEY;
d) by VITO threatened to come over to DALEY’s residence with a gun; e) being informed that VITO wanted to KILL her; f) Marla Kramer and Dianna Shin, at the direction of VITO and MARIANNA, intimidate and make derogatory remarks. Further, admitted to DALEY that she (Kramer) would lie to protect the MOCERI’s from charges of discrimination; g) under the direction of VITO and/or MARIANNA, Kramer knowing of DALEY being under mental stress, would send upsetting emails to DALEY, Kramer knowing this would hurt DALEY emotionally and distress her; h) last mangers of YORK TAVERN informed DALEY that the goal and plan of VITO and MARIANNA, were to “make things so tough” that employees would quit. 6. The conduct of VITO, MARINNA and other employees, was never encouraged by DALEY or caused by DALEY.
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7. As a result of the conduct of VITO, MARIANNA and other employees, DALEY has suffered a nervous condition and been diagnosed with anxiety.
8. The conduct of VITO, MARIANNA, and Kramer to DALEY caused DALEY to suffer extreme emotional distress and the conduct would be outrageous and repulsive to the reasonable person. Wherefore, DALEY requests that this court enter judgment against VITO MOCERI and MARIANNA MOCERI as follows:
A) Find the conduct of VITO MOCERI and MARIANNA MOCERI, to be outrageous and repulsive;
B) Award actual damages in excess of $100,000.00; C) To provide for punitive damages based upon the conduct of VITO MOCERI
and MARIANNA MOCERI; D) Award reasonable attorney fees and costs associated with this claim and; E) Any other relief this court finds fair and just.
CYNTHIA L. DALEY,
BY:/s/Michael T. Smith Michael T. Smith
Attorney for Plaintiff
Michael T. Smith 6180407IL 440 W. Irving Park Road Roselle, IL 60172 (847) 895-0626
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