FILED

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

FE9 t 0 005

EQUAL EMPI~OYMENT OPPORTUNITY COMMISSION

Plaintiff,

GATEWAY TO LEARNING, INC.,

COMPLAINT JURY TRIAL DEMAND

Defendant. NATURE OF TIlE ACTION

MAGISTRATE TUDGE SClIEblKIL~

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

§2000c, et seq. ("Title VII’"), and Title I of the Civil Rights Act of 1991, d.2 U.S.(:. §1981a, to

correct unlawful retaliation and to provide appropriate rclicf to Annie Kershaw, a former

employee of Gateway to Learning, Inc. ("DeI’endant"), and to other persons who were victims of

retaliation. Plaintiff, the U.S. Equal Employanent Opportunity Commission (the ’~(.’,ommission"),

contends thai Defendant discriminated against Kershaw and other persons by retaliating against

them for engaging in activity protected by Title VII,

JURISDICTION AND VENUE

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

1343 and 1345. This action is auflmrized and instituted pursuant to Section 706(0(1) mad (3) and

Section 707(e) of Title VII of the Civil Rights Act of 1964, as untended, 42 U,S.C. §2000e-

5(.1")(1 ) and (3) and §2000c-6(e) ("Title VII"), and Section 102 of the Civil Rights Act of 199 l, 42

U.S.C. §1981a. 2. The employment practices alleged to be unlaw:ful were committed within the
jurisdiction of the United States District Court tbr the Northern District of illinois, Eastenl Division.
PARTIES 3. Plaintiff; the Equal Employment Opportunity Commission, is the agency of the United States of America charged with file administration, interpretation and enforcement Title VII, and is expressly authorized to bring this action by Section 706(0(1 ) and (3) and Section 707(e) of Title VII, 42 U,S.C. §2000e-5(1)(1) and (3) mad §2000e-6(e), 4, At all relevant times, Defendant has continuously been mad is now doing business in the State of Illinois ai~d the City of Chicago and has continuously had at least [] fteetl (15) employees. 5. At all relevant times, Defendaaat 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 ol’this lawsuit, Annie Kcrshaw filcd a Charge of Discrimination with the Commission alleging violations o[" Title VII by De[’endant, All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On about July 26, 2003 Defendant tcrminatcd Kcrshaw in retaliation for her having lilecl a Charge of Discrimination with the Commission, That retaliation t, iolatcd Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).
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8. Since September 2002 Defendant has engaged in Lmlawful employment practices in Chicago Illinois in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by engaging in inte~ational discrimination against a class of persons by retaliating against them opposing practices made unlawlhl by Title V11 and/or pm’ticipating in processes or proceedings provided for by Title VII,
9. The effect of the practices complained of in paragraph seven and eight above has been to deprive Kershaw and other persons of equal employme~t opportunities and otherwise adversely affect their status as employees.
10. The unlaw [’ul employment practices complained of in paragraphs seven and eight above were intentional.
11. The unlawful employment practices complained of in paragraphs seven and eight aN~ve were done with malice or with reckless indifference to the federally protected rights of other persons.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that ttais Court:
A. Grant a pennaaaent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active c~mcert or participation with it, t~om retaliating against any person for participating in any activity protected under Title VII of the Civil Rights Act of 1964.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities which eradicate the effects of its past and present Lmlaw ful empl(~yment practices;
C. Order Defendant to make whole Kershaw and other victims of retaliation by
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providing appropriate back pay with pro-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Defendant to make whole Kershaw and other victims of retaliation by providing compensation for past and future pecuniary losses resulting from her unlawful termination, including, bLtl. not limited 1o, job search expenses;
g. Order Defendant to make whole Kcrshaw and other victims of retaliation by providing compensation for past mad future non-pecuniary losses, including emotional pain, suffering, mconvenience, loss o l" enjoyment of li I~ and humiliation;
F. Order Defendant to pay Kershaw and other victims of retaliation punitive damages for its malicious and/or reckless conduct, in amounts to be detemained at U-ial;
G. Order Defendant and its successors to provide training to its officers, managers and employees regarding sexual harassment and retaliation in the workplace;
Grant sucln further relict" as the Court deems necessary and proper in flae public interest; and
I. Award the C, ommission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully sabmittcd~
Eric S. Dreibat~d General Counsel
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

R ional Atto~e

¯

k._.~ oervi~;~l A fl’CYNey

Gordon Waldron Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7525
D:kMYFllrES\Folders\Gatcway\Complaitat, wpd

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

)

GATEWAY TO LEARNING, INC.,

)

)

Defendant.

)

)

05C 0841
Judge Coar Magistrate Judge Schenkier

PROTECTIVE ORDER GOVERNING CONFIDENTIALITY OF CERTAIN INFORMATION IN REGARD TO NANCY LOVE
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and the stipulation of the parties, it is hereby agreed as follows:
I) The tenn "Confidential Infonnation" is defined as infonnation in the income tax returns of ~cy Love cmdoiRfbt1¥lati on as t9 her e.mp16,iilelil after Feb~
2) As used herein " disclose" shall mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate Confidential Infonnation.
3) Confidential Infonnation protected by this Order shall not be disclosed in any manner, directly or indirectly, to any persons except as follows:
a. Confidential infonnation shall not be disclosed to any employee,

I Neither Nancy Love nor the EEOC seek back-pay on her behalf after February I, 2005. Nancy Love has been employed by the same employer since February 2, 2005.
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manager, or Director of Gateway to Learning, or agent thereof, other than counsel of record in this case. Confidential Information may be used by and disclosed to the attorneys of record for Defendant and by clerks, paralegals, secretaries and other support staff who are assigned to work on this case and who are employed by such attorneys
b. If Defendant seeks to file any confidential information with the Court, it must first petition the Court for an order providing that such information must be filed under seal. Defendant shall not file such confidential information with the Court for fourteen (14) days after providing EEOC with written notice of its intent to so file such information. If, during the fourteen (\4) day period, EEOC petitions the Court for an order that such information must be filed under seal, Defendant will not file such information until the Court has ruled on the petition.
4) EEOC may redact from the income tax returns the social security numbers of spouses and children.
5) Confidential Information shall be used only for the purpose of this litigation.
6) This Order does not limit the right of any party to object to the scope of discovery in this case.
7) This Order does not constitute a determination of the admissibility or evidentiary foundation for any documents or a waiver of any party's objections thereto.
8) If and to the extent Defendant wishes to disclose any Confidential Information beyond the terms of paragraph 3 of this Order, it shaH provide EEOC with reasonable notice in writing of its request to so disclose the information. If the parties cannot resolve their disagreement with respect to the disclosure of any Confidential Information, then a party may petition the Court to decide these
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Issues. 9) Within sixty (60) days of completion of the litigation (including any
appeals) Defendant shall return to EEOC or destroy all copies of Confidential Information. If the documents are destroyed, Defendant's counsel shal1 certify in writing that the destruction has taken place. The obligation to maintain the confidentiality shall continue after the compl tio of this case.
ENTERED: Judge Coar
Date: II bgJo£;
I I
Gordon Waldron Attorney for Plaintiff Equal Employment Opportunity Commission 500 West Madison # 2800 Chicago, Illinois 60661 (312) 353-7525 Attorney for Defendant: William Sneckenberg Sneckenberg, Thomson and Brody, LLP 161 N. Clark Street, Suite 3575 Chicago, III 6060 I (312) 782-9320
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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

)

GATEWAY TO LEARNING, INC.,

)

)

Defendant.

)

)

OSC 0841
Judge Coar Magistrate Judge Scheukier

CONSENT DECREE

The Equal Employment Opportunity Commission (hereafter the "Commission" or the "EEOC") filed this action against Gateway to Learning, Inc., under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e, et seq. ("Title VII"), and Title I of the Civil Rights Act ofl991, 42 U.S.C. §198Ia. EEOC contends that Defendant retaliated against Annie Kershaw, a former Program Director at Gateway, and Nancy Love, the former Executive Director at Gateway, by refusing to renew their annual contracts in retaliation for their having complained about racial harassment, which complaints were activities protected by Title VII.
Gateway to Learning filed an answer to the action denying all material allegations of violation any law including Title VII and Title I. Gateway to Learning denies that it retaliated against anyone and contends that at all times it acted properly in not renewing the contract of Annie Kershaw for cause and in not renewing the contract of Nancy Love for cause.
Neither side admits the claims or defenses of the other side. The parties have determined to finally resolve this action through the entry of this Consent Decree.

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Findings Having carefully examined the tenns and provisions of this Consent Decree, the Court finds the following: 1. This Court has jurisdiction of this case 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) ofTitle VII, 42 U.S.C. § 2000e-5(f) (1) and (3). 2. This Court has jurisdiction over the parties. 3. The tenns and provisions of this Consent Decree are adequate, fair, reasonable, equitable and just. This Consent Decree resolves all claims alleged by the EEOC in its Complaint. The rights of the parties and the interests of the public are adequately protected by this Consent Decree. 4. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII. 5. Since the filing of this lawsuit, Annie Kershaw, who filed with the EEOC the Charge of Employment Discrimination on which this suit is based, has died. WHEREFORE, upon the consent of the parties, IT IS ORDERED, ADJUDGED AND DECREED:
Revision and Publication of Policy Against Racial Harassment and Race Discrimination
6. Defendant shall augment its existing policy against racial harassment and race discrimination within 30 days after the entry of this Consent Decree by providing, to the extent said existing policy does not already provide, that:
(a) The policy shall specifically prohibit all harassing conduct on the basis of race by employees and supervisors.
(b) The policy shall state that employees are not required to complain of harassment to a person against whom they allege harassment.
(c) The policy shall inform employees that complaints will be investigated thoroughly and promptly and shall provide that employees who violate the policy are subject to discipline up to and including discharge.
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Defendant shall forward a copy of the Policy to the EEOC within 35 business days after entry of this Decree. At the same time it shall post a copy of the Policy on the bulletin boards customarily used for posting notices from management to employees. Thereafter Defendant shall make sure that the Policy remains posted for the term of this Decree.
Within 40 days after the entry of this Consent Decree Defendant shall distribute a copy of said Policy to each current employee. After that 21 day period Defendant shall give a copy of said policy to each new employee on the first day of employment. This Section does not mean that EEOC or the Court approves of Defendant' anti-harassment policy.
Non-Retaliation 7. Defendant and its officers, agents, employees, successors, assigns, members of Board of Directors and all persons acting in concert with it, shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree. Defendant also states that it has no intention to engage in any such retaliation.
Posted Notice 8. Within 10 days after this Consent Decree is entered, and continuously for the duration of this Consent Decree, Defendant shall conspicuously post the Notice attached as exhibit A on all bulletin boards commonly used for announcements from Defendant to its employees. Within 20 calendar days after entry of this Consent Decree, Defendant shall certify to the EEOC in writing that the notice has been posted. Twelve months later it shall certify to the EEOC in writing that the Notice remains posted.
Monetary Payment 9. a. Within \0 days after submission to Defendant by Nancy Love of a signed release of claims under Title VII, attached as Exhibit B, Defendant shall pay to her $25,000. There shall be no withholding from that amount. Contemporaneously, Defendant shall furnish to EEOC a copy of the check issued to Love. Any tax consequences of said settlement shall be paid by Nancy Love. An appropriate 1099 form shall be furnished to Nancy Love by Defendant.
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b. Within 10 days of submission to Defendant by Louiza Kershaw, the closest next of kin of Annie Kershaw of an appropriate document stating that he or she is the closest next of kin, and that Annie Kershaw died without a will, and that he or she believes he or she is entitled to inherit Annie Kershaw's estate, under Indiana's law of intestate succession, together with a duly signed release of claims under Title VII, attached as Exhibit C, Defendant shall pay her $5,000. There shall be no withholding from that amount. Contemporaneously, Defendant shall furnish to EEOC a copy of the check issued to her. Any tax consequences of said settlement shall be paid by her. An appropriate 1099 form shall be furnished to her by Defendant.

10. The EEOC and Defendant shall bear their own costs and attorneys' fees.

Training

II. Within ninety days of entry ofthis Decree all of Defendant's supervisors,

administrative staff, employees who handle human resources (personnel) matters, and other

employees as determined by the Defendant's board of directors, shall receive training at

Defendant's expense regarding retaliation and racial harassment by William J. Sneckenberg.

The training shall cover the following matters:

1.

Overview of the Laws of Employment Discrimination

a. Discrimination Generally

b. Retaliatory Actions

11. Theories of Enforcement and Burden of Proof

111. Rights, Remedies and Procedure Under Illinois Law Title VII of the 1964

Civil Rights Act of 1964 (Title VII)

IV. Practice and Procedure Under Title VII

12. Defendant shall certify to the EEOC in writing within five 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) the name and position of each person in attendance.
Record Keeping 13. For the duration of this Decree, Defendant shall maintain and make available for inspection and copying by the EEOC records (including name, address, and telephone number) of each employee who complains of retaliation and/or racial harassment. Such

4

reports shall indicate the date the complaint was made, who made it, what was alleged, and what actions Defendant took to resolve the matter.
.u 14. Defendant shall make all documents or records referred to in Paragraph
above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Defendant shall make available on ten (10) business day notice their supervisory personnel whom the EEOC requests to interview for purposes of verifying compliance with this Paragraph.
Reporting 15. Defendant shall furnish to the EEOC written reports every six months for the term of this Decree. The first report shall be due six (6) months after entry of the Decree. Each such report shall contain the name and address of each employee who, in the preceding six months, complained of retaliation and/or racial harassment, and the nature of the complaint. If no employee made such a complaint an officer of Defendant shall submit a signed statement so stating. Each report shall also contain a statement signed by an officer of Defendant that the Notice required to be posted in paragraph 8, above, remained posted during the entire six month period preceding the report.
Enforcement 17. This Consent Decree shall be in effect for the period of one year, during which time the Court shall retain jurisdiction of the parties and of this action for the purpose of enforcing the provisions of this Consent Decree. 18. If any provision of this Consent Decree is found to be unlawful, only the specific provision in question shall be affected and all other provisions will remain in full force and effect. 19. If the EEOC has reason to believe that Defendant is not complying with this Consent Decree, the EEOC shall so notify Defendant in writing. Defendant will then have ten business days in which to achieve compliance or to satisfy the EEOC that there has been no non-compliance; if Defendant does neither, the EEOC shall have the right to apply to the Court for appropriate relief. If Defendant fails to pay the monetary amount specified above within the time provided, the EEOC may apply to the Court for appropriate relief.
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Miscellaneous Provisions 20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers of Defendant, and not in their individual capacities. 21. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to Gordon Waldron, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Defendant, they shall be mailed to William J. Sneckenberg, Esq., 171 N. Clark, #3575, Chicago, IL 60601. 22. The terms of this Consent Decree shall be binding upon the present and future directors, officers, managers, agents, successors, and assigns of Defendant. Defendant, and any successor of Defendant, will provide a copy ofthis Decree to any organization which proposes to acquire or merge with Defendant, or any successor of Defendant, 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 of contempt for a violation of this Decree.
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Approved for Plaintiff: JAMES L. LEE DEPUTY GENERAL COUNSEL GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL
EQUAL EMPLOYMENT OPPORTUNITY COMMI ION 1801 L jlrtJb:s:1.-~
w,.~,rgt9
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7525
r ENTERED AND ORDERED THIS ---'-'-I
Judge Da id H. Coar
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EXHIBIT A
NOTICE TO ALL EMPLOYEES OF GATEWAY TO LEARNING This Notice is being posted pursuant to a Consent Decree entered by the federal court resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Gateway to Learning ("Defendant"), EEOC v. Gateway to Learning, Inc., No. 05C 0841, N.D. IL. In its suit, the EEOC alleged that Gateway to Learning retaliated against employees who complained of racial harassment. Gateway to Learning has denied those allegations.
To resolve the case, Gateway to Learning and the EEOC have entered into a Consent Decree which provides for monetary payment and also provides that:
I) Gateway to Learning will not create, facilitate or permit the existence of a work environment that is hostile to employees on the basis oftheir race.
2) Gateway to Learning will not retaliate against any person because (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;
3) Gateway to Learning shall publicize a policy prohibiting racial harassment. The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. The laws also prohibit discrimination against a person who has complained of illegal discrimination or who has participated in an investigation or enforcement proceeding under such laws. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-2713. The EEOC charges no fees and has employees who speak languages other than English. THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE This Notice must remain posted for one year from the date below and must not be altered, defaced or covered by any otber aterial. Any questions about this Notice or compliance with its terms m y be dir ted to: Gatew y 0 Lea ing Settlement, EEOC, 500 West Madison Street. Site 00, Chi go, L 6066
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EXHIBITB RELEASE AGREEMENT
I, Nancy Love, for and in consideration of the sum of $25,000 payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC vs. Gateway To Learning, Inc., No. 05 C 0841, N.D. lll.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Gateway To Learning, and all past and present shareholders, officers, agents, employees, Directors and representatives of them from any and all claims and causes of action of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in the above suit. I understand that this release is provided for in accordance with the terms of the Consent Decree entered by the Court in EEOC vs. Gateway To Learning, InC., No. 05 C 0841 (N.D. Ill.), and that such Decree provides that neither Gateway to Learning nor EEOC admit the claims or defenses of the other. Payment is made in order to settle this litigation in accordance with the Consent Decree.

Date

Signature

Print Address to which check should be mailed

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EXHIBITC RELEASE AGREEMENT
I, Louiza Kershaw, state that I am closest next of kin of Annie Kershaw and that
Annie Kershaw died without a will.
For and in consideration of the sum of$5,000 payable to me on behalf of the estate of Annie Kershaw, deceased, pursuant to the terms ofthe Consent Decree entered by the Court in EEOC vs. Gateway To Learning, Inc., No. 05 C 0841, N.D. Ill.), I do hereby, on behalf of myself, my heirs, assigns, executors, and agents, forever release, waive, remise, acquit, and discharge Defendant and all past and present shareholders, officers, agents, employees, Directors and representatives of them from any and all claims and causes of action of any kind which Annie Kershaw, deceased or her estate now have or ever have had under Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et ~., as a result of or arising from the subject matter and claims which were or which could have been asserted in the above suit.
Further, I do hereby certify that I am the proper and lawful recipient of said sum on behalf of the estate of Annie Kershaw, deceased and will indemnify, hold-harmless and defend Gateway to Learning, Inc., its shareholders, officers, agents, employees, Directors and representatives of it, from any and all claims, suits, or proceedings by any person or entity who or that may claim any entitlement to said sum. I understand that this release is provided for in accordance with the terms of the Consent Decree entered by the Court in EEOC vs. Gateway To Learning, Inc., No. 05 C 0841 (N.D. lIl.), and that such Decree provides that neither Gateway to Learning nor EEOC admit the claims or defenses of the other. Payment is made in order to settle this litigation in accordance with the Consent Decree.

Date

Signature _ _ _ _ _ _ _ _ _ _ _ __

Print Address to which check should be mailed.
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 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?540284379310616-L_35...
CLOSED, PROTO, SCHENKIER
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-00841

Equal Employment Opportunity Commission v. Gateway to Learning, Inc., Assigned to: Honorable David H. Coar Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/10/2005 Date Terminated: 05/24/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant Gateway to Learning, Inc.,

represented by William J. Sneckenberg Sneckenberg, Thompson & Brody, LLP 161 North Clark Street Suite 3575 Chicago, IL 60601 (312) 782-9320 Email: wjs@stbtrial.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/10/2005 02/10/2005 02/10/2005 03/09/2005 03/14/2005 04/11/2005 04/11/2005 06/08/2005
06/13/2005 07/13/2005 07/21/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission; jury demand.(las, ) (Entered: 02/14/2005)
2 CIVIL Cover Sheet (las, ) (Entered: 02/14/2005)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour, John C. Hendrickson, Gordon G. Waldron (las, ) (Entered: 02/14/2005)
4 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Gateway to Learning, Inc., waiver sent on 2/25/2005, answer due 4/26/2005. (las, ) (Entered: 03/14/2005)
5 WAIVER OF SERVICE returned executed as to Defendant Gateway to Learning, Inc., waiver sent on 2/10/2005, answer due 4/11/2005. (ar, ) (Entered: 03/18/2005)
6 ANSWER to Complaint with Jury Demand by Gateway to Learning, Inc.; Notice.(ar, ) (Entered: 04/13/2005)
7 ATTORNEY Appearance for Defendant Gateway to Learning, Inc., by William J. Sneckenberg (ar, ) (Entered: 04/13/2005)
8 MINUTE entry before Judge David H. Coar : Status hearing held. Rule 16(b) Scheduling Conference set for July 21, 2005 at 9:00 a.m. Report of Planning Conference pursuant to Rule 26(f) and Proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers ) Mailed notice (hp, ) (Entered: 06/08/2005)
9 MINUTE entry before Judge David H. Coar : The Court's order of 6/8/2005 is amended and corrected to strike the phrase "Status hearing held". Mailed notice (pm, ) (Entered: 06/13/2005)
10 REPORT Parties Planning Conference. (gcy, ) (Entered: 07/18/2005)
11 MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference held on 7/21/2005. All disclosures required by Rule 26(a)(1) Shall be made on or before 7/22/2005. Any amendments to pleadings or actions to join other parties

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11/22/2005 11/22/2005 11/28/2005
11/28/2005 02/06/2006 02/06/2006 02/13/2006
02/22/2006 02/22/2006

shall be filed on or before 9/1/2005. Discovery is ordered closed on 2/15/2006. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 3/1/2006. The parties may depose the other side' s expert at any time prior to 4/1/2006. The parties shall disclose any rebuttal expert pursuant to Rule 26(a)(2)(c) at any time prior to 5/1/2006. The parties may depose the opposing party's rebuttal expert by 6/1/2006. Dispositive motions with supporting memoranda due by 3/1/2006 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 6/13/2006. Pretrial Conference set for 6/29/2006 at 09:45 AM. Jury Trial set for 7/10/2006 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page. Mailed notice (pm, ) (Entered: 07/21/2005)
12 MOTION by Plaintiff Equal Employment Opportunity Commission for protective order (Attachments: # 1 Exhibit A)(Waldron, Gordon) (Entered: 11/22/2005)
13 NOTICE of Motion by Gordon G. Waldron for presentment of motion for protective order12 before Honorable David H. Coar on 11/28/2005 at 09:00 AM. (Waldron, Gordon) (Entered: 11/22/2005)
14 MINUTE entry before Judge David H. Coar : Motion hearing held regarding12. For the reasons stated on the record, motion for protective order is granted with changes as stated 12. Enter protective order governing confidentiality of certain information regarding Nancy Love. The parties are advised to adhere and follow Local Rule 5.8 when filing documents under seal pursuant to this protective order. Further, Local Rule 26.2 (and in particular 26.2(e)) shall apply unless otherwise ordered by this court. Absent a motion from a party, sealed documents will be placed in the public record after closing of the case as stated in L.R. 26(e). Mailed notice (las, ) (Entered: 11/30/2005)
15 PROTECTIVE Order Governing Confidentiality of Certain Information in Regard to Nancy Love Signed by Judge David H. Coar on 11/28/2005:(las, ) (Entered: 11/30/2005)
16 MOTION by Plaintiff Equal Employment Opportunity Commission for extension of time Fact Discovery Deadline (Waldron, Gordon) (Entered: 02/06/2006)
17 NOTICE of Motion by Gordon G. Waldron for presentment of motion for extension of time16 before Honorable David H. Coar on 2/13/2006 at 09:00 AM. (Waldron, Gordon) (Entered: 02/06/2006)
18 MINUTE entry before Judge David H. Coar :Motion hearing held on 2/13/2006 regarding motion for extension of time 16. Plaintiff's Agreed Motion to extend the fact discovery deadline to 3/10/2006 16 is granted. Fact Discovery ordered closed by 3/10/2006. All other scheduling deadlines shall remain in place. (pm, ) (Entered: 02/16/2006)
19 MOTION by Plaintiff Equal Employment Opportunity Commission for protective order (Attachments: # 1 Text of Proposed Order Protective Order re Subpoenaed Documents)(Waldron, Gordon) (Entered: 02/22/2006)
20 NOTICE of Motion by Gordon G. Waldron for presentment of motion for protective order19 before Honorable David H. Coar on 3/1/2006 at 09:00 AM.

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?540284379310616-L_35...

03/01/2006
03/01/2006 03/06/2006 03/06/2006 03/13/2006 05/19/2006 05/24/2006

(Waldron, Gordon) (Entered: 02/22/2006)
23 MINUTE entry before Judge David H. Coar : Motion hearing held on 03/01/06 regarding 19. Motion for entry of agreed protective order 19 is granted. Enter Agreed Protective Order governing records that defendant has subpoenaed from third parties. The parties are advised to adhere and follow Local Rule 5.8 when filing documents under seal pursuant to this protective order. Further, Local Rule 26.2 (and in particular 26.2(e)) shall apply unless otherwise ordered by this Court. Absent a motion from a party, sealed documents will be placed in the public record after closing of the case as stated in L.R. 26.2(e). (ar, ) (Entered: 03/06/2006)
24 AGREED Protective Order Governing Records That Defendant Has Subpoenaed from Third parties, signed by Judge David H. Coar on 3/1/2006 23.(ar, ) (Entered: 03/06/2006)
21 MOTION by Plaintiff Equal Employment Opportunity Commission for extension of time To Take One Deposition (Waldron, Gordon) (Entered: 03/06/2006)
22 NOTICE of Motion by Gordon G. Waldron for presentment of motion for extension of time21 before Honorable David H. Coar on 3/13/2006 at 09:00 AM. (Waldron, Gordon) (Entered: 03/06/2006)
25 MINUTE entry before Judge David H. Coar : Motion hearing held on 03/13/06 regarding 21. The Plaintiff's motion to extend time to take one deposition 21 is granted to a date in May to be agreed upon by the parties. Mailed notice (ar, ) (Entered: 03/14/2006)
27 CONSENT Decree, signed by Judge David H. Coar on 5/19/2006 (Exhibits) 26.(ar, ) (Entered: 05/26/2006)
26 MINUTE entry before Judge David H. Coar : Pursuant to Consent Decree, this civil action is terminated. Enter Consent Decree with attached Exhibit "A" Notice to Employees of Gateway to Learinging. Civil case terminated. (ar, ) (Entered: 05/26/2006)

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