IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT. OF TENNESSEE
NASHVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v .

)

)

U-HAUL INTERNATIONAL, INC, d/b/a

)

U-HAUL CO . OF TENNESSEE,

)

)

Defendant

)

-------------------------)

CIVIL ACTION NO .
8 -06-
COMPLAINT
JURY DEMAND

NATURE OF THE ACTION

- I]iN
0932

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

Civil Rights Act of 1991 to correct unlawful employment practices based on race and to

provide appropriate relief to Oluseyi Kunnu . The Commission alleges that Mr. Kunnu, a

former employee, was terminated from his employment because of his race, causing

Mr. Kunnu to suffer lost income and mental and emotional injuries .

JURISDICTION AND VENUE

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

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706

(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U. S. C. §

2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42

U.S . C. § 1981a.

2.. The unlawful employment practices alleged below were committed within

the jurisdiction of the United States District Court for the Middle District of Tennessee,

Nashville Division .
1

Case 3:06-cv-00932 Document 1 Filed 09/28/2006 Page 1 of 5

PARTIES 3. Plaintiff Equal Employment Opportunity Commission ("the Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706 (f)(1) and (3) ofTitle VII, 42 U. S.C. §2000e-5 (f)(1) and (3) . 4. At all relevant times, Defendant U-Haul Co. of Tennessee ("Employer"), a domestic corporation, has been continuously doing business in the state of Tennessee and the city of Nashville and has continuously had at least 15 employees . 5.. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) ofTitle VII, 42 U. S. C. §§ 2000e(b), (g) and (h) .
STATEMENT OF CLAIMS 6.. More than thirty days prior to the institution of this lawsuit, Oluseyi Kunnu filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled . 7.. From June, 2005, to the present, Defendant Employer engaged in unlawful employment practices at its Nashville, Tennessee facility, in violation of Section 703 (a) of Title VII, 42 U .S. C. § 2000e-2(a) . 8. Oluseyi Kunnu became employed at Defendant's retail facility on Nolensville Road in Nashville, Tennessee, as a customer service representative in 2004.
2
Case 3:06-cv-00932 Document 1 Filed 09/28/2006 Page 2 of 5

9. In June, 2005, despite the fact that Mr.. Kunnu had performed his job satisfactorily throughout his employment and had violated no work rules, a new store manager assigned by Defendant to be in charge of the facility where Mr. Kunnu was employed terminated Mr. Kunnu because of his race (Black) .
10.. On November 22,2005, Mr. Kunnu filed a charge of discrimination with the Commission alleging that Defendant terminated him because of his race .
11.. The unlawful employment practices complained of in paragraph 9 above were intentionaL
12.. The unlawful employment practices complained of in paragraph 9 above were done with malice or reckless indifference to the federally protected rights of Oluseyi Kunnu .
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in employment practices that discriminate on the basis of race . B Order Defendant Employer to institute and carry out policies, practices, and programs which provide protection against discrimination based on race and which eradicate the effects of its past and present unlawful employment practices . C.. Order Defendant Employer to make whole Oluseyi Kunnu by providing appropriate compensatory damages for his pecuniary losses, including but not limited to his lost wages, with prejudgment interest, in amounts to be determined at trial, and
3
Case 3:06-cv-00932 Document 1 Filed 09/28/2006 Page 3 of 5

other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D.. Order Defendant Employer to make whole Oluseyi Kunnu by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at triaL
E.. Order Defendant Employer to pay Oluseyi Kunnu punitive damages for its
malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at triaL
F. Order Defendant Employer to reinstate Oluseyi Kunnu into his former position and seniority date .
G.. Grant such further relief as the Court deems necessary and proper in the public interest
H. Award the Commission its costs of this action .
4
Case 3:06-cv-00932 Document 1 Filed 09/28/2006 Page 4 of 5

JURY TRIAL DEMAND

The Commission demands a jury trial on all questions of fact raised by the

Complaint

Respectfully submitted,

JAMES LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

-

ff &1J} L1VJ.h ~!I 1ft!

J FAYE A WILLIAMS

-

Regional Attorney

TN Bar No. 11730

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, TN 38104 (901) 544-0088

STEVEN w.. DILLS
Trial Attorney TN Bar No. 11970
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 50 Vantage Way, Suite 202 Nashville, TN 37228 (615) 736-5784
5
Case 3:06-cv-00932 Document 1 Filed 09/28/2006 Page 5 of 5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DI VISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
U-HAUL CO. OF TENNESSEE, NASHVILLE DIVISION,
Defendant

)

I I

)

)

NO. 3:Q6cv0932

)

)

JURY DEMAND

)

)

JUDGE ECHOLS

)

MAGISTRATE JUDGE BRYANT

)

CONSENT DECREE
INTRODUCTI ON This actfon was instituted by the Equal Employment Opportunity Commission (hereinafter the ' Commission") against Defendant U-HAUl CO, OF TENNESSEE, NASHVILLE DIVISION (also known as U-Haul Co. of Nashville), pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§2000e-5(f)(I) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981(a). The Complaint alleged that Defendant term inated Oluseyi Kunnu from his position of customer service representalive because of his race (Black). This Consent Decree does not constitute an admiSSfon by Defendant of the
allegations in the Complaint. Defendant maintains that its actions regarding Mr. Kunnu
were proper and lawful in all regards. However, all parties to this action desire to avoid the expenses and delays they would incur in litigating this case.
This Consent Decree constitutes the complete and exclusive agreement between

Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 1 of 7

The Commission and Defendant. No waiver, modification, or amendment of any provision of th is Decree shall be effec!rve unless made in writing. No representations or indocemenls 10 compromise this action have been made, other Ihan lhose recited or referenced in this Decree. In the event this proposed Consent Decree is not approved or does not become final, it shall not be admissible In evidence in any subsequent proceeding in this action.
The Court has reviewed the terms of the proposed Consent Decree In light of the applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consenl Decree.
It is hereby ORDERED, ADJUDGED AND DECREED: I. JURISDICTION
The United States District Court for the Middle District of Tennessee, Nashville Division, has Jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of or that could have arisen out of Charge of Discrimination No. 253-2005-02784 filed with the Commission by Oluseyi Kunnu and the Commission's Complaint In this cause alleging unlawful employment practices by Defendant. Notwithstanding any provisions
contained In this Decree, this agreement shall not be considered in any manner to be
dispositive of any charge now pending before any office of the Commission other than Charge No. 253-2005-02784.
B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for one year.
2
Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 2 of 7

III. INJUNCTION PROVISIONS A. The Defendant, Its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from discriminating against employees or applicants for employment because of their race in regard to hiring, termination, and other terms, conditions, and privileges of employment. B. The Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of race.
IV. NON-RETALIATION PROVISION The Defendant, its officers, agents, employees. and all persons acting in concert with the Defendant sha!! not discriminate against any individual because such Individual has opposed any act or practice made unlawftJl by Title VII or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII.
V. TRAINING Defendant shall provide training for all of its U-Haul Co. of Nashville general managers regarding Title VII. (a) The training will include the following topics: what constitutes employment discrimination in violation of Title VII; how to prevent, identify and remedy discriminatioo in violation of Title VII; what constitutes retaliation In viol ation of Title VII; Defendant's policy against illegal discrimination and retaliation; and implementation of Defendant"s policy against employment discrimination, including procedures and responsibilities for reporting, investigating and remedying conduct an employee believes may constitute
3
Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 3 of 7

employment discrimination under Title VII. (b) The training will be conducted by November 15, 2007. (c) Defendant will provide a signed roster of all attendees who received the
training and the date of the training. (d) Defendant will notify Faye A. Williams, Regional Attorney, within ten days
after the training has been completed. VI. NOnCE POSTING
The Defendant shall continue to conspicuously post al its Nashville, Tennessee, facilities the notice (posters) required to be posted by Title VII. Furthermore. the Defendant shall conspicuously post the notice attached hereto as Appendix A of this Decree at its Elysian Fields facility in Nashville, Tennessee, for one year commencing within ten (10) days after entry of this Decree by the Court.
VII. INOIVIOUAL RELIEF The Oefendanl Shall pay Oluseyi Kunnu $35,000.00, of which $17,500.00 is to be considered back pay, and $17,500.00 compensatory damages. Within ten days after entry of the Decree, Defendant shall pay ' Oluseyi Kunnu· the amount of $35,000.00, less appropriate withholding including federal income tax and social security, and mail payment to the following address:
Oluseyi Kunnu 282 Richbriar Road Nashville, TN 37211
4
Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 4 of 7

VlII. COSTS Each of the parties shall bear its 0...." costs, including attomeys' fees. IT IS SO ORDERED THIS _OAY OF _ _ _ _~. 2007.
~ ~.~-- OBERTL:tCH~J.
UNITED STATES DISTRICT JUDGE
5 Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 5 of 7

FOR THE DEFENDA~ /
n G il ,;J~~)
&. WAVERL: CRENSHAW,
JASON D. FISHER WALLER LANSDEN DORTCH & DAVIS, LLP 511 Union Street, Sle. 2700 Nashville, Tennessee 37219 (615 ) 244-6380

FOR THE COMMISSION
RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
" ~ ,~v---b . ll~r-­
FAYE It WilliAMS, TN No. 11730
Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104
(901 ) 544-0088 )
Trial Attomey
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 50 Vantage Way, Suite 202 Nashvil le, TN 37228
(615) 736-5784

6 Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 6 of 7

NOTI CE ,. Federal law requires that there be no discrimination against any employee
because of race under the Title Vtl of the Civil Rights Act of 1964. 2. U-Haul Co of Nashville supports and will continue to comply with such Federal
law in all respects and will not take any aelion against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission andlor testified, assisted or participated in any manner in any investigation, proceeding or hearing under the Tille VII of the Civil Rights Act of 1964. 3. The posting of this Notice by U-Haul Co. of Nashville does not constitute an admission by it or U-Haul Co. of Tennessee of any liability under Federal law. 4. This Notice shall be posted for one year. SIGNED thIs __day of _ _ _ _" 2007.
Monic Patrick, Presklent U-Haul Co. of Tennessee
7 Case 3:06-cv-00932 Document 15 Filed 06/22/2007 Page 7 of 7

 
 .'

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

U-HAUL INTERNATIONAL, INC., d/b/a )

U-HAUL CO. OF TENNESSEE,

)

)

Defendant.

)

Case No. 3-06-0932 Jury Demand
Judge Echols Magistrate Judge Bryant

JOINT STIPULATION AND AGREED ORDER OF DISMISSAL

Pursuant to Federal Rule of Civil Procedure 41, upon agreement of the parties, and for good cause shown, it is stipulated that U-Haul International, Inc. and U-Haul Co. of Tennessee are separate entities and that U-Haul Co. of Tennessee is the proper defendant in this action, and it is accordingly ORDERED, ADJUDGED and DECREED that all claims asserted against U-Haul International, Inc. in this action shall be and are hereby dismissed with prejudice.

~ IT IS SO ORDERED, this .;<7Iday of

, 2007.

~~
Robert L. Echols United States District Court Judge

Case 3:06-cv-00932 Document 18 Filed 07/05/2007 Page 1 of 1

 
 CM/ECF - DC V2.5 (October 2005) - Docket Report

https://ecf.tnmd.uscourts.gov/cgi-bin/DktRpt.pl?747287633996539-L_9...

CASE-CLOSED, CASE-MANAGER-BRYANT
U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:06-cv-00932

Equal Employment Opportunity Commission v. U-Haul International, Inc. Assigned to: District Judge Robert Echols Referred to: Magistrate Judge John S. Bryant Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Faye A. Williams Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven W. Dills Equal Employment Opportunity Commission 50 Vantage Way, Suite 202 Nashville, TN 37202 615-736-5784 Email: steven.dills@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
U-Haul International, Inc. doing business as U-Haul Co. of Tennessee

represented by Jason D. Fisher Waller, Lansden, Dortch & Davis Nashville City Center 511 Union Street Suite 2100 Nashville, TN 37219 (615) 244-6380 Email: jason.fisher@wallerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 4

7/12/2007 11:20 AM

CM/ECF - DC V2.5 (October 2005) - Docket Report

https://ecf.tnmd.uscourts.gov/cgi-bin/DktRpt.pl?747287633996539-L_9...

Date Filed 09/28/2006 09/28/2006 09/28/2006 11/17/2006 11/17/2006 11/17/2006
11/27/2006 11/27/2006
11/27/2006
12/08/2006

Waverly David Crenshaw, Jr. Waller, Lansden, Dortch & Davis 511 Union Street Suite 2100 Nashville, TN 37219 (615) 244-6380 Email: wcrenshaw@wallerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against U-Haul International, Inc. , filed by Equal Employment Opportunity Commission.No summons issued.(eh) (Entered: 09/29/2006)
2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 09/29/2006)
3 NOTICE of Initial Case Management Conference set for Thursday 11/30/2006 at 09:30 AM in Courtroom 776 before Magistrate Judge John S. Bryant. (eh) (Entered: 09/29/2006)
4 NOTICE of Appearance by Waverly David Crenshaw, Jr on behalf of U-Haul International, Inc. (Crenshaw, Waverly) (Entered: 11/17/2006)
5 NOTICE of Appearance by Jason D. Fisher on behalf of U-Haul International, Inc. (Fisher, Jason) (Entered: 11/17/2006)
NOTE TO FILERS: please remember to check the box that associates the attorney to the party, and to check the Notice box as it adds to you the service list. The Clerk's Office has added Attys Crenshaw and Fisher to the service list. (hv) (Entered: 11/17/2006)
6 PROPOSED CASE MANAGEMENT ORDER (Initial) filed by Equal Employment Opportunity Commission. (Dills, Steven) (Entered: 11/27/2006)
7 MOTION to Continue Initial Case Management Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Granting Motion to Continue Initial Case Management Conference)(Dills, Steven) (Entered: 11/27/2006)
8 ORDER granting 7 MOTION to Continue Initial Case Management Conference filed by Equal Employment Opportunity Commission. Case Management Conference reset for 12/11/2006 at 02:00 PM in Courtroom 776 before Magistrate Judge John S. Bryant. Signed by Judge John S. Bryant on 11/27/06. (hv) (Entered: 11/27/2006)
9 ANSWER to Complaint by U-Haul International, Inc..(Fisher, Jason) (Entered: 12/08/2006)

2 of 4

7/12/2007 11:20 AM

CM/ECF - DC V2.5 (October 2005) - Docket Report

https://ecf.tnmd.uscourts.gov/cgi-bin/DktRpt.pl?747287633996539-L_9...

12/11/2006 12/12/2006 12/12/2006 03/14/2007 05/15/2007
06/12/2007 06/22/2007
06/25/2007 07/05/2007 07/05/2007

Minute Entry for proceedings held before Magistrate Judge Bryant: Initial Case Management Conference held on 12/11/2006; ICMO to enter. (Court Reporter: Taped #2006-18 JSB) (tm) (Entered: 12/11/2006)
10 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 1/31/2007. Discovery due by 6/3/2007. Dispositive Motions due by 6/15/2007. Signed by Judge John S. Bryant on 12/12/06. (dt) (Entered: 12/12/2006)
11 ORDER: Parties have requested a settlement conference before Magistrate Judge Brown. This matter is referred to him for settlement purposes. Signed by Judge John S. Bryant on 12/12/06. (gi, ) (Entered: 12/12/2006)
12 ORDER setting a Settlement Conference for 4/10/2007 at 09:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. By 12:00 noon on 4/5/07, parties shall deliver under seal to the courtroom deputy settlement conference statements. Signed by Judge Joe Brown on 3/14/07. (gi, ) (Entered: 03/14/2007)
13 ORDER: Settlement Conference held on 4/10/07. The Magistrate Judge has now been advised that the parties have reached a settlement in this case. Parties are requested to file the appropriate papers concluding this litigation by 6/8/07. In view of this settlement, it appears that nothing further remains to be done by the Magistrate Judge and the Clerk is directed to return the file to the District Judge for further proceedings concerning the consent decree and other matters to accomplish the settlement. Judge Joe Brown no longer assigned to case. Signed by Judge Joe Brown on 5/15/07. (dt, ) (Entered: 05/16/2007)
14 PROPOSED ORDER OF DISMISSAL (Consent Decree) filed by Equal Employment Opportunity Commission. (Dills, Steven) (Entered: 06/12/2007)
15 CONSENT DECREE: the provisions of this Decree shall continue to be effective & binding upon the parties for one year; deft shall provide training for all its U-Haul Co general managers re Title VII and post Notice of Title VII. Individual Relief: the deft shall pay to oluseyi Kunnu $35,000 ($17,500 back pay & $17,500 compensatory damages) within 10 days after the entry of the Decree less appropriate withholding including federal income tax and social security. See Consent Decree for further details. Signed by Judge Robert Echols on 6/22/07. (hv) (Entered: 06/25/2007)
16 Docket entry no. 15 was entered on the docket in compliance with Rule 58 and/or Rule 79(a) FRCvP, on 6/25/07 by hv. (hv) (Entered: 06/25/2007)
17 STIPULATION of Dismissal and Agreed Order by Equal Employment Opportunity Commission, U-Haul International, Inc.. (Crenshaw, Waverly) (Entered: 07/05/2007)
18 JOINT STIPULATION AND AGREED ORDER OF DISMISSAL: All claims asserted against U-Haul International, Inc., in this action are dismissed with prejudice. Signed by Judge Robert Echols on 7/2/07. (dt) (Entered: 07/05/2007)

PACER Service Center
Transaction Receipt

3 of 4

7/12/2007 11:20 AM

CM/ECF - DC V2.5 (October 2005) - Docket Report

https://ecf.tnmd.uscourts.gov/cgi-bin/DktRpt.pl?747287633996539-L_9...

07/12/2007 11:20:33

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:06-cv-00932

Billable Pages: 2

Cost:

0.16

4 of 4

7/12/2007 11:20 AM