REC:E~VED

ROBERT H SH~MWELL,()LERK ~TERN~ISTRIOT OF LOUISIANA
~ ~’~l~ STATES DIST~CT COURT
FOR THE ~STE~ DIST~CT OF LOUISIANA
MONROE DIVISION

U.$. D|STRICT COURT WECJTERN DISTRICT OF LOUIStANI
FILED
MAR " 6 2000
ROB~RTv~H.2t~L, CLERK

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CYO0- 0455 CIVIL ACTION NUMBER:

go
NORWEST FINANCIAL LOUISIANA, INC., Defendant.

JUDGE JAMES
COMPLAINT
MAGISTRATE JUDGE KIRK
JURY TRIAL DEMAND

****************************

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race and sex and to provide appropriate relief to Kristy Holland-Mason (hereinafter referred to as "HollandMason"), who was adversely affected by such practices. The Plaintiff, Equal Employment Opportunity Commission, (hereinafter referred to as "EEOC" or "Commission") alleges that Defendant, Norwest Financial Louisiana Inc., ("Norwest" or "Defendant") denied Holland-Mason several promotions because of her race, African-American and sex, and forced Holland-Mason to resign due to the stress created by the denial of the promotions. The specifics are alleged with greater particularity in paragraph 8 below.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 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, a’s amended, 42 U.S.C. Section 2000e, et. se_._q. ("Title VII"). 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Louisiana.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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) of Title VII, 42 U.S.C. Section 2000e-5(f)(1). 4. At all relevant times, Defendant, Norwest Financial Louisiana, Inc., has contin~uously been a domestic corporation doing business in the State of Louisiana and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, Norwest Financial Louisiana, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h). 6. At all relevant times, Defendant, Norwest Financial Louisiana, Inc., employed at least 15 individuals within the jurisdiction of this Court; and all material facts occurred within the Jurisdiction of this Court.

STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Kristy Holland-Mason filed a charge with the Commission alleging violations of Title VI I of the Civil Rights Act of 1964, as amended. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least on or about July 1997, Defendant has engaged in unlawful employment practices in Monroe, Louisiana, in violation of Section 703 (a)(1) and (2) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. Sections 2000e-2(a)(1) and (2). The unlawful practices consist of denying Holland-Mason a position as a Branch Manager on at least two separate occasions and hiring a less qualified White male for both positions, even where HollandMason was highly recommended for the Branch Manager position by another Branch Manager. Ms. Holland-Mason complained about the discrimination in the workplace, which deprived her of equal employment opportunities and otherwise adversely affected her status as an employee because of her race, African-American and sex. In response, Ms. Holland-Mason was offered an intermediate position which paid a little more money but was not offered any Branch Manager positiens, the promotion she desired and was qualified to perform. From the evidence, it appears as though both of the White males who were promoted to Branch Manager were promoted from the same position, Assistant Manager, that Ms. Holland-Mason possessed. Ms. Holland-Mason did not believe she could ever be promoted to a Branch Manager’s position. As a result, Ms. Holland-Mason felt forced to resign due to the enormous stress (which created an intolerable working condition) Defendant placed her under when it failed to promote her to any Branch Manager’ s position because of her race, African-American, and sex.

9. The effect of the practices complained of in paragraph 8 above has been to deprive Holland-Mason of equal employment opportunities and otherwise adversely affect her statu~ as an employee because of her race, African-American, and sex.
10. The unlawful employment practices complained of in paragraph 8 abow: were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or reckless indifference to the federally protected rights of Kirsty Holland-Mason.
12. The unlawful employ~nent practices complained of in paragraph 8 above ,caused Holland-Mason to lose wages and incur expenses to search for another job, loss of self-esteem, emotional trauma, and loss of other expenses to be proved at trial.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent inj~anction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of race, African-American, and sex. B. Order Defendant, its officers, successors, assigns, to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant, its officers, successors, assigns to make whole Kirsty HollandMason by awarding appropriate backpay with prejudgement interest, in amounts to be pr’oved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to rightful place reinstatement of Holland-Mason to a Branch Manager position,

front pay, should rightful place reinstatement be unavailable, job search expenses and other expenses, in amounts to be determined at trial.
D. Order Defendant, its officers, successors, assigns, to make whole Holland-Mason by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including, but not limited to, emotional pain, suffering, inconvenience, loss ofenj oyment of life, lowered self esteem and humiliation, in anaounts to be determined at trial.
E. Order Defendant, its officers, successors, assigns to pay Holland-Mason punitive damages for its malicious and reckless conduct, as described in paragraph 8 above, in amoants to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commissien its cost of this action. YURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, C. GREGORY STEWART General Counsel
Regional Attorney No Bar Roll No. Assigned
5

MICt-IELLE BUTLER Supervisory Trial Attorney La. Bar Roll No. 1286
La. Bar Roll Number 24335
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone:(504) 589-6817
(504) 589-2011 Facsimile:(504) 589-6033
Defendant’s Agent for Service of Process:
Michael K. Wolverton 106 Park Plaza, Suite 305 Covington, La. 70433

 
 Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

Page 1 of 6
FILED
IJSDC. WESTERN DISTRICT OF LA
ROBfRT H. SHEMWELL, elf Rr.
DATE --L..J_ 3 pOI
BY - _ =--f1w --

EQUAL EMPLOYMENT OPPORTUNITY I

COMMISSION,

I

I

Plaintiff,

I

I

v.

I

I

WELLS FARGO FINANCIAL

I

LOUISIANA, INC.

I

I

Defendant.

I

CIVIL ACTION NO.
CV 00-0455-M
JURY TRIAL AND DEMAND
().S hI 57R.lCr j£;/J rt O(J.Be-ie. 7 f;-.- JilMr-..s
()"s.A/ff/"{S71I.11-7E .:;n;,rre ..rIfM~.5 ,a..l./,<

AMENDED COMPLAINT
NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United States Equal Employment Opportunity Commission, and files its Amended Complaint. This Amended Complaint is filed to correct the name of the Defendant, Wells Fargo Financial Louisiana, Inc., which was erroneously identified as Norwest Financial Louisiana, Inc.

NATURE OF THE ACTION This action is brought under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to Kristy Holland-Mason ("Holland-Mason"), who was adversely affected by such practices. The Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission") alleges that Defendant, Wells Fargo Financial Louisiana, Inc., ("Norwest" or

Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001 Page 2 of 6
"Defendant") denied Holland-Mason several promotions because of her race, African-American and sex, and forced Holland-Mason to resign due to the stress created by he denial of the promotions. The specifics are alleged with greater particularity in paragraph 8 below.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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 of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U. S.C. § 1981A. 2. The employment practices alleged to be unlawful were at all material times committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
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 Sections 706(f)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times and continuously to this date, the Defendant has been a foreign corporation doing business in the State of Louisiana and had at least 15 employees. 5. At all relevant times and continuously to this date, Defendant has been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title
2

Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001 Page 3 of 6
VII, 42 U.S.C. §§ 2000e (b), (g) and (h). 6. At all relevant times, all material facts occurred within the jurisdiction of this
Court.
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit Williams filed a charge with the Commission alleging violations of Title VII by the Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least on or bout July 1997, Defendant has engaged in unlawful employment practices in Monroe, Louisiana, in violation 0 Section 703(a)(I) and (2) of Title VII ofthe Civil Rights Act of 1964, as amended ('"Title VII"), 42 U.S.C. Sections 2000e-2(a)(1) and (2). The unlawful practices consist of denying Holland-Mason a position as a Branch Manager on at least two separate occasions and hiring a less qualified White male for both positions, even where Holland-Mason was highly recommended for the Branch Manager position by another Branch Manager. Ms. Holland-Mason complained about the discrimination in the workplace, which deprived her of equal employment opportunities and otherwise adversely affected her status as an employee because of her race, African-American and sex. In response, Ms. HollandMason was offered an intermediate position which paid a little more money but was not offered any Branch Manager positions, the promotion she desired and was qualified to perform. From the evidence, it appears as though both of the White males who were promoted to Branch Manager were promoted from the same position, Assistant Manager, that Ms. Holland-Mason possessed. Ms. Holland-Mason did not believe she could ever be promoted to a Branch
3

Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001 Page 4 of 6
Manager's position. As a result, Ms. Holland Mason felt forced to resign due to the enormous stress (which created an intolerable working condition) Defendant placed her under when it failed to promote her to any Branch Manager's position because ofher race, African-American, and sex.
9. The effect of the practices complained of in paragraph 8 above has been to deprive - Holland-Mason of equal employment opportunities, otherwise adversely affect her status as an
employee because of her race, African-American, and sex. 10. ' The unlawful employment practices complained of in paragraph 8 above were
intentional. 11. The unlawful employment practices complained of in paragraph 8 above were
done with malice or reckless indifference to the federally protected rights of Kristy HollandMason.
12. The unlawful employment practices complained of in paragraph 8 above caused Holland-Mason to lose wages incur expenses to search for another job, loss of self-esteem, . emotional trauma, and loss of other expenses to be proved at trial.
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 which discriminate on the basis of race, African-American, and sex. B. Order Defendant, its officers, successors, assigns, to institute and carry out
4

Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001 Page 5 of 6
policies, practices, and programs which provide equal employment opportunities for qualified individuals, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant, its officers, successors, assigns to make whole Kristy HollandMason by awarding appropriate backpay with prejudgement interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to rightful place reinstatement of Holland-Mason to a Branch Manager position, front pay, should rightful place reinstatement be unavailable, job search expenses and other expenses in amounts to be determined at trial.
D. Order Defendant, its officers, successors, assigns, to make whole Holland-Mason by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, lowered self esteem and humiliatiQn, in amounts to be determined at trial.
E. Order Defendant, its officers, successors, assigns to pay Holland-Mason punitive damages for its malicious and reckless conduct, as described in parag5raph 8 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
5

Case 3:00-cv-00455-FAL-JDK Document 8 Filed 01/03/2001 Page 6 of 6
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART General Counsel No Bar Roll Number Assigned
KEITH T. HILL Regional Attorney Bar Roll No. 15200000
~1:R~!L
Supervisory Trial Attorney Bar Roll No. 1286

AGENT FOR SERVICE OF PROCESS: Michael K. Wolverton 106 Park Plaza, Suite 305 Covington, LA 70433

enior Trial Attorney Bar Roll Number 24335
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6817
(504) 589-2701 Facsimile: (504) 589-2805

6

 
 Case 3:00-cv-00455-FAL-JDK Document 37 Filed 05/25/2001 Page 1 of 1

UNITED STATES DISTRICT COURT
L

NAY 252001

WESTERN DISTRICT OF LOUISl~NA

MONROE DIVISION

:~EMWEu..CLERK

DEPUTY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VERSUS
NORWEST FINANCIAL LOUISIANA, INC.,ET AL

CIVIL ACTION NO. 00-455
JUDGE ROBERT G. JAMES MAG. JUDGE JAMES D. KIRK

.JUDGMENT OF DISMISSAL

The Court having been advised by counsel that the above civil action has been settled;

IT IS ORDERED that the above-captioned matter is hereby DISMISSED without

prejUdice to the right, upon good cause shown within sixty (60) days, to reopen the action if

settlement is not consummated. Any motion that may be pending in this case is hereby denied as

moot.

IT IS FURTHER ORDERED that the parties submit to the Court, in accordance with

Rule 4l(a)(1)(ii) of the Federal Rules of Civil Procedure, a stipUlation of dismissal signed by all

parties who have appeared in this action with a proposed Judgment ofDismissal.

2 5 THUS DONE and SIGNED at Monroe, Louisiana, this

day of May, 2001.

G7af£~ ROBERTG.J S UNITED STATES DISTRICT JUDGE

 
 Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 1 of 9

· ~~\).

~«"C~\ ~ 't\)\)\ ",~«':t~ UNITED STATES DISTRICT COURT FOR THE

" '1'1

'\\..'t '~"''''a~~STERN DISTRICT OF LOUISIANA MONROE DIVISI~ILEU

~\J

~~l-'\\j'\~?\;':

U5DC, W£STf~Pl l)iS'fRICT Of LA

«'*:~~.*~,\Xs?Y[;-f\;Ec~,M'' *",0P*L*O*Y*M*E*N*T*O*P*PO**R*T*U**N*I*T*Y*********

COMMISSION,

*

--S..,L/ B DRAOTB~ EEY RT ~ K.'SH-EM~/WSO" iEL-~IJL. PC0L. E/- R.K

* CIVIL ACTION NO.

Plaintiff,

** CVOO-0455-M

v.

** JUDGE ROBERT G. JAMES

** MAGISTRATE JUDGE KIRK

WELLS FARGO FINANCIAL

*

LOUISIANA, INC.

*

*

Defendant

*

* * * * ** * * * * * * * * * * * *****************

CONSENT DECREE

WHEREAS, on March 6, 2000, the U.S. Equal Employment Opportunity Commission

("the Commission") instituted Civil Action Number CVOO-0455 M in the United States District

Court for the Western District of Louisiana, charging Norwest Financial Louisiana, Inc.,

("Defendant") with violations of Section 703 of Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.c. Section 2000e-2(a)(1) and (2), ("Title VII"}, alleging that Defendant

discriminated against Charging Party, Kristy Holland-Mason ("Holland-Mason") because of her

race (Black) and sex. Specifically, the complaint alleged that Defendant violated Title VII when

it denied Holland-Mason a promotion on two separate occasions because of her race, Black and

sex and forced Holland-Mason to resign due to the stress created by the denial of the promotions.

WHEREAS, on January 3, 2001, the Court granted the Commission leave to file an

amended complaint to correct the name of the Defendant, Wells Fargo Financial Louisiana, Inc.,

which was erroneously identified as Norwest Financial Louisiana, Inc.

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 2 of 9
WHEREAS, Wells Fargo Financial Louisiana, Inc., has not admitted and does not admit that it has engaged in any unlawful employment practices; and
WHEREAS, this Court has jurisdiction over the subject matter of this action and over the parties to this action; and
WHEREAS, Wells Fargo Financial Louisiana, Inc., and the Commission have agreed to settle this matter for the relief specified in this Consent Decree; and
WHEREAS, the parties to this lawsuit now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation;
Therefore, it is ORDERED, ADJUDGED, AND DECREED that: 1. The negotiation, execution and entry of this Consent Decree will resolve any and
all claims of alleged Title vn violations brought by the Commission against Defendant arising
out of EEOC Charge Number 270-98-1833 and Civil Action Number CVOO-0455-M. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms
of which constitute a fair and equitable settlement. 3. Neither the negotiation, execution, nor entry of this Consent Decree shall
constitute an acknowledgment or admission of any kind by Wells Fargo Financial Louisiana, Inc., that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order.
4. This Consent Decree relates only to the alleged violations raised in or which could have been raised in EEOC Charge Number 270- 98-1833 and Civil Action Number CVOO-0455-M filed by the Commission in the United States District Court for the Western District of Louisiana, on March 6, 2000.

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 3 of 9
5. Wells Fargo Financial Louisiana, Inc., shall pay the sum of $12,000, TWELVE THOUSAND DOLLARS AND NO CENTS IN LAWFUL U.S. CURRENCY, as damages to Kristy Holland-Mason in return for a release from Ms. Holland-Mason for any and all claims raised by Charge Number 270-98-1833 and Civil Action Number CVOO-0455-M, which are the subject of this Decree. A copy of the release will be attached hereto and made part hereof as Appendix A. In addition, Wells Fargo Financial Louisiana, Inc., agrees to provide a neutral reference to any prospective employers should a reference be requested relative to Kristy Holland-Mason's employment with Wells Fargo Financial Louisiana, Inc.
6. Wells Fargo Financial Louisiana, Inc., its directors, officers, agents, employees and successors or assigns shall not maintain or permit discrimination in the workplace against any applicant for employment or employee applying for a promotion based upon such person's race and/or sex, as complained of in EEOC Charge Number 270-98-1833 and Civil Action Number CVOO-0455-M.
7. Wells Fargo Financial Louisiana, Inc., shall post conspicuously at its principal place of business and all of its other Louisiana facilities, within ten (10) days of the entry of this Decree, a copy of a notice detailing Title VII's prohibitions against race and sex discrimination. A copy of the text of the language to be utilized in this notice is attached hereto and made a part hereof as Appendix B. The notices will be posted for a period of one (1) year. Thereafter, copies of the poster entitled, "Equal Employment Opportunity is the Law" (GPO 920-752) will be permanently posted in place of the notices.
8. Wells Fargo Financial Louisiana, Inc. shall provide the Commission, within thirty (30) days of the entry of this Decree, with a copy of its current policy against race and sex discrimination in the workplace.

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 4 of 9
9. Wells Fargo Financial Louisiana, Inc., shall provide training to all of its managers and supervisors on compliance with Title VII and its prohibitions against race and sex discrimination with specific training relative to prohibiting promotion decisions based on race and sex in the workplace. Specifically, Defendant will train its managers and supervisors on their responsibility to adhere to the prohibitions in Title VII against subjecting its employees to race or sex discrimination.
10. In the event that Wells Fargo Financial Louisiana, Inc., fails to perform its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions to the extent that any may be warranted as a result of the need to enforce this Decree. This Consent Decree will remain in force for one (1) year from the date of entry of the Decree.
11. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree.
12. The Decree sets forth the entire agreement between the Commission and Wells Fargo Financial Louisiana, Inc., and fully supersedes any and all prior agreements or understandings between the Parties pertaining to the subject matter herein.
13. The Commission and Wells Fargo Financial Louisiana, Inc., will each bear their own attorney's fees and costs incurred in connection with the litigation of this case.
14. The Court shall retain jurisdiction of this action for purposes of enforcing this decree, if necessary.

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 5 of 9

15. The parties agree that no press release, jointly or separately, will be issued about any aspect of this settlement or the underlying lawsuit.

IT IS SO ORDERED.

Afet.,).J J,-,:.

3

_1_ -New Q! leans;- Louisiana, this day of -jA=I-+_V-+S_v-=f:--_J- _, 2001.

JUDGMENT ENTERED
CBOPYY__ C _~~~'~: ~l;jGvdf '9f~

~~ ~BEltl~ . -.r.A- L.,offl" J r
UNITED STATES DISTRICT JUDGE I

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF: GWENDOLYNY. REAMS
t4' Associate General Counsel
~.pL.
Regional Attorney
Supervis ry Trial Attorney Bar Roll Number: 1286

FOR THE DEFENDANT:
WILLIAM C. TIDWELL, III HAND ARENDALL, LLC Bar Roll Number: 12784 107 St. Francis Street (36602) Post Office Box 123 Mobile, Alabama 36601 Telephone: (334) 432-5511 Facsimile (334) 694-6375

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 6 of 9

enior Trial Attorney Bar Roll No. 24335

THOMAS M. HAYES, HAYES, HARKEY, S ITH & CASCIO Bar Roll Number: 6685 2811 Kilpatrick Boulevard Monroe, Louisiana 71211-8032

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New Orleans District Office 701 Loyola Avenue - Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6817 Facsimile: (504) 589-2701

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 7 of 9

APPENDIX A

RELEASE

KNOW ALL PERSONS BY THESE PRESENTS THAT Kristy Holland-Mason, Social

Security Number,

, for and in consideration of the sum of TWELVE THOUSAND

DOLLARS and No Cents ($12,000.00), lawful money of the United States of America, do

hereby release and forever discharge and by these presents do for myself, my representatives,

successors, and assigns, forever release and discharge Wells Fargo Financial Louisiana, Inc., its

parent and subsidiaries, officers, representatives, assigns, and agents from any and all claims,

demands, or causes of action, known or unknown, which I now have or may hereafter have

arising out of (1) any alleged violations of Section 703 of Title VII, of the Civil Rights Act of

1964,

as

amended

(tlTitle

VII

tI )

,

42

U.S.C

§2000e-2(a)(1)&

(2),

(2)

those

which

arise

out

of

my

employment by and separation of employment from Wells Fargo Financial Louisiana. Inc. and its

predecessors, (3) those which were or could have been complained of in my Charge of

Discrimination Number 270-98-1833, and (4) those which were or could have been raised in

Civil Action Number CVOO-0455-M filed in the United States District Court for the Western

District of Louisiana, Monroe Division, titled Equal Employment Opportunity Commission

versus Wells Fargo Financial Louisiana. Inc.

I do hereby also release and forever discharge and by these presents do for myself, my

representatives, successors, and assigns, forever release and discharge Wells Fargo Financial

Louisiana, Inc., its parent and subsidiaries, officers, representatives, assigns, and agents from any

and all claims, demands, or causes of action, known or unknown, which I now have or may

hereafter have arising out of and/or related to the facts which gave rise to alleged violations of

Section 703(a)(1) and (2) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and (2).

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 8 of 9
I agree that I will maintain as confidential the terms of this settlement, including the amount thereof, and I understand and agree that I will be liable for return of the settlement amount and for damages for any breach of this agreement. Kristy Holland-Mason's confidentiality begins from the moment her signature is affixed on this document. Any comments, writings or conversations given or held about the settlement of the Wells Fargo Financial, Inc. case prior to the dated signature of Mrs. Holland-Mason are deemed free from any and all actions for breach of confidentiality. Any comments, writings or conversations given or held about the settlement of the Wells Fargo Financial, Inc. case after Mrs. Holland-Mason dated signature appears on this document will be subject to an action for breach of confidentiality.
I have executed this r~lease of my own accord and will, free from duress, threats, or undue influence.

DATE:_ _ _ _ _ _ __

KRISTY HOLLAND-MASON

Case 3:00-cv-00455-FAL-JDK Document 41 Filed 08/15/2001 Page 9 of 9
APPENDIXB
EMPLOYEE NOTICE
Title VII of the Civil Rights Act of 1964 requires that there be no discrimination against any employee or applicant for employment because of such person's race, color, religion, sex or national origin with respect to compensation, hiring, promotion, firing, or other terms, conditions or privileges of employment. WELLS FARGO FINANCIAL LOUISIANA, INC., has posted this notice because the Company supports and will comply with such Federal law in all respects and will not take any action against present or former employees and applicants because of their race, color, religion, sex or national origin or because they have exercised their rights under the law.
Signed this ___ day of _ _ _ _ _ _ _, 2001.
For WELLS FARGO FINANCIAL LOUISIANA, INC. By:_ _ _ _ _ _ _ _ _ __
Its:- - - - - - - - - - - - - -

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?250518900954308-L_9...

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:00-cv-00455-FAL-JDK

CLOSED

E E O C v. Norwest Fin LA Inc, et al Assigned to: Judge F A Little, Jr Referred to: Magistrate Judge James D Kirk Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Defendant Norwest Financial Louisiana Inc TERMINATED: 01/03/2001

Date Filed: 03/06/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Yancy A Carter Law Office of Yancy A Carter P O Box 6785 New Orleans, LA 70174 504-394-7004 Fax: 504-821-8256 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381
Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817
represented by William C Tidwell, III Hand Arendall et al P O Box 123 Mobile, AL 36601 334-432-5511 Fax: 334-694-6375 Email: btidwell@handarendall.com TERMINATED: 01/03/2001 LEAD ATTORNEY

1 of 6

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Defendant Wells Fargo Financial Louisiana Inc

ATTORNEY TO BE NOTICED
Thomas M Hayes, III Hayes Harkey et al P O Box 8032 Monroe, LA 71211-8032 318-387-2422 Fax: 318-388-5809 Email: tom@hhsclaw.com TERMINATED: 01/03/2001 ATTORNEY TO BE NOTICED
represented by William C Tidwell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas M Hayes, III (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/06/2000 03/06/2000 03/06/2000 10/05/2000 10/30/2000
12/21/2000 12/29/2000

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Docket Text

Amount of fee $0/EEOC PLAINTIFF. (Mitchell, S) (Entered: 03/10/2000)
CASE ASSIGNED to Magistrate Judge James D Kirk for Discovery (Dean, S) (Entered: 03/13/2000)
1 COMPLAINT filed; jury demand (Dean, S) (Entered: 03/13/2000)
2 ANSWER to Complaint by Norwest Fin LA Inc (Whidden, C) (Entered: 10/06/2000)
3 SCHEDULING ORDER; Jury Trial set for 9:00 7/9/01; Pretrial Conference for 11:30 6/7/01; Joining of parties, amding of pleadings on 11/24/00; Pltf's expert info/rpts due 1/23/01; Discovery due 2/22/01; Dft's expert info/rpts due 2/22/01; Pretrial order to be submitted on or before 12:00 6/4/01; Deadline for filing of all motions 3/9/01; Expert depositions due 4/18/01; Conference to prepare PT order set for 5/15/01; Motions in limine due 5/23/01; Trial inst., interr, etc due 6/29/01; Witness list due 12/26/00; deadlines set before Judge Robert G James. (signed by Judge Robert G James) NOE by: sjd (Dean, S) (Entered: 10/31/2000)
4 MOTION w/ consent by Norwest Fin LA Inc to extend time for filing witness list with Proposed Order referred to Magistrate Judge James D Kirk (former employee) (Entered: 12/26/2000)
6 PRELIMINARY WITNESS LIST by E E O C (McDonnell, D) (Entered: 01/02/2001)

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01/02/2001
01/03/2001 01/03/2001 01/08/2001 01/16/2001 01/22/2001 01/23/2001
01/25/2001 02/12/2001 02/20/2001 02/20/2001 02/21/2001
03/09/2001 03/09/2001 03/13/2001

5 MOTION w/incorporated memorandum by E E O C to amend [1-1] complaint with Proposed Order and proposed Amended Complaint referred to Magistrate Judge James D Kirk (there is no objection) (McDonnell, D) Modified on 01/02/2001 (Entered: 01/02/2001)
7 ORDER granting [5-1] motion to amend [1-1] complaint (signed by Magistrate Judge James D Kirk) NOE by: dm (McDonnell, D) (Entered: 01/05/2001)
8 AMENDED COMPLAINT by E E O C , (Answer due 1/13/01 for Norwest Fin LA Inc) amending [1-1] complaint adding defendant Wells Fargo Fin LA; jury demand (McDonnell, D) (Entered: 01/05/2001)
9 ORDER granting [4-1] motion to extend time for filing witness list reset scheduling order deadlines: Witness list due 1/17/01 (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 01/08/2001)
10 ANSWER by Wells Fargo Fin LA to amended complaint (Prest, B) (Entered: 01/16/2001)
11 PRELIMINARY WITNESS LIST by Wells Fargo Fin LA (McDonnell, D) (Entered: 01/23/2001)
12 MOTION by Wells Fargo Fin LA to extend time delay for responding to written discovery and LR37.1 certification of counsel with Proposed Order referred to Magistrate Judge James D Kirk (consent sought) (McDonnell, D) (Entered: 01/24/2001)
13 ORDER granting [12-1] motion to extend time delay for responding to written discovery and LR37.1 certification of counsel (signed by Magistrate Judge James D Kirk) NOE by: dm (McDonnell, D) (Entered: 01/26/2001)
14 DEFICIENCY NOTICE to counsel for E E O C, Wells Fargo Fin LA re: Joint Motion to Extend Pre-Trial Deadlines submitted on 2/12/01 Reason: original signature required. NOE by dm (McDonnell, D) (Entered: 02/12/2001)
15 MOTION by E E O C, Wells Fargo Fin LA to extend pre-trial deadlines with Proposed Order referred to Magistrate Judge James D Kirk (McDonnell, D) (Entered: 02/21/2001)
17 SECOND AMENDED PRELIMINARY WITNESS LIST by Wells Fargo Fin LA (McDonnell, D) (Entered: 02/22/2001)
16 ORDER granting [15-1] motion to extend pre-trial deadlines reset scheduling order deadlines: Discovery deadline on 4/23/01 before Magistrate Judge James D Kirk (signed Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 02/21/2001)
18 MOTION w/ brief by Wells Fargo Fin LA for summary judgment as to FRCP 56 WITH EXHIBITS (McDonnell, D) (Entered: 03/13/2001)
19 STATEMENT of material facts by Wells Fargo Fin LA regarding [18-1] motion for summary judgment as to FRCP 56 (McDonnell, D) (Entered: 03/13/2001)
20 NOTICE OF SETTING: Motion day set on 5/24/01 for [18-1] motion for summary judgment as to FRCP 56 before Judge Robert G James. NOE by: dm (McDonnell, D) (Entered: 03/13/2001)

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03/28/2001 03/28/2001 03/29/2001
04/02/2001 04/02/2001 04/23/2001 04/23/2001 04/24/2001
04/27/2001 05/02/2001 05/07/2001 05/09/2001 05/10/2001

21 MEMORANDUM by E E O C in opposition to [18-1] motion for summary judgment as to FRCP 56 WITH EXHIBITS (Berry, D) (Entered: 03/28/2001)
22 STATEMENT of material facts by E E O C regarding [18-1] motion for summary judgment as to FRCP 56 (Berry, D) (Entered: 03/28/2001)
23 ORDER: Per reference of Judge James and by agreement of counsel a settlement conference in this case will be held before Magistrate Judge Kirk on 4/12/01 at 9:00 AM, third floor, U S District Court, 515 Murray St, Alexandria, LA set settlement conference for 9:00 4/12/01 before Magistrate Judge James D Kirk (signed by Magistrate James D Kirk) NOE by: tw (former employee) (Entered: 03/29/2001)
24 MEMORANDUM by E E O C in opposition to [18-1] motion for summary judgment as to FRCP 56 WITH EXHIBITS (McDonnell, D) (Entered: 04/04/2001)
25 STATEMENT of material facts by E E O C regarding [18-1] motion for summary judgment as to FRCP 56 (McDonnell, D) (Entered: 04/04/2001)
26 DEFICIENCY NOTICE to counsel for Wells Fargo Fin LA re: Motion to Compel Discovery submitted on 4/23/01 Reason: memorandum required. NOE by dm (McDonnell, D) (Entered: 04/23/2001)
30 MOTION w/ brief by Wells Fargo Fin LA to compel discovery (docketing of this pleading delayed due to deficiency) (McDonnell, D) (Entered: 05/02/2001)
27 MINUTE ENTRY: Pursuant to agreement of counsel the settlement conference on 4/12/01 was rescheduled for 5/15/01 at 9:00 AM in Alexandria, LA; the written Confidential Settlement Conference Statements shall be delivered to my office no later than 5/11/01. All other requirements of the [23-2] order of 3/28/01 shall remain in effect reset settlement conference for 9:00 5/15/01 before Magistrate Judge James D Kirk (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 04/24/2001)
29 MOTION by Wells Fargo Fin LA for leave to file memorandum with Proposed Order and Memorandum in Support of Motion to Compel NOT referred to Magistrate Judge James D Kirk (See notice of deficiency #26). (McDonnell, D) (Entered: 05/02/2001)
31 NOTICE OF SETTING: referring [30-1] motion to compel discovery to Magistrate Judge James D Kirk in chambers due to trial setting of 7/9/01. NOE by: dm (McDonnell, D) (Entered: 05/02/2001)
32 Suggestion of Mootness (of Motion to Compel #30); copy to Magistrate Kirk by dm. (McDonnell, D) Modified on 05/07/2001 (Entered: 05/07/2001)
33 MOTION by Wells Fargo Fin LA for leave to file reply brief with Proposed Order and proposed Summary Judgment Reply Brief referred to Judge Robert G James (McDonnell, D) (Entered: 05/10/2001)
**RECORD LOCATION flag set to ALEX; ( 1 volumes, 1 exhibit folders) (Berry, D) (Entered: 05/11/2001)

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05/11/2001 05/11/2001 05/11/2001 05/23/2001 05/25/2001 05/25/2001 07/25/2001 07/30/2001
08/08/2001 08/09/2001 08/15/2001 08/15/2001 08/15/2001 07/08/2002

34 ORDER denying as moot the [30-1] motion to compel discovery (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) Modified on 05/11/2001 (Entered: 05/11/2001)
35 ORDER granting [33-1] motion for leave to file reply brief to motion for summary judgment (signed by Judge Robert G James) NOE by: dm (McDonnell, D) (Entered: 05/14/2001)
36 REPLY by Wells Fargo Fin LA to response to [18-1] motion for summary judgment as to FRCP 56 (McDonnell, D) (Entered: 05/14/2001)
**REMOVED Record Location flag. (Gilchrist, B) (Entered: 05/23/2001)
37 60 DAY JUDGMENT of dismissal (signed by Judge Robert G James). NOE by: dm (McDonnell, D) (Entered: 05/29/2001)
Case closed (McDonnell, D) (Entered: 05/29/2001)
38 MOTION by E E O C to Approve and Enter Consent Decree with Proposed Consent Decree signed by all attorneys referred to Judge Robert G James (McDonnell, D) (Entered: 07/25/2001)
39 MINUTE ENTRY: Pursuant to 28 USC 455, Judge Robert G James disqualifies himself from participating in this matter. Accordingly, this case is referred to Chief Judge F A Little Jr for reassignment. (signed by Judge Robert G James) NOE by: cww (received Motion to Approve and Enter Consent Decree with this Minute Entry) (Whidden, C) (Entered: 07/31/2001)
MOTIONS TRANSFERRED: [38-1] motion to Approve and Enter Consent Decree referred to Judge F A Little Jr (McDonnell, D) (Entered: 08/08/2001)
**RECORD LOCATION flag set to ALEX; ( 2 volumes, 1 exhibit folders) Sent to Terri for Judge Little. (Lundy, N) (Entered: 08/09/2001)
40 ORDER: reassigning this case from Judge Robert G James to the undersigned (signed by Judge F A Little Jr) NOE by: dm (McDonnell, D) (Entered: 08/16/2001)
41 CONSENT DECREE granting [38-1] motion to Approve and Enter Consent Decree (signed by Judge F A Little Jr) NOE by dm. (McDonnell, D) (Entered: 08/16/2001)
CASE resassigned to Judge F A Little Jr pursuant to Order #40. (McDonnell, D) (Entered: 08/16/2001)
**REMOVED Record Location flag this date based on information supplied indicating record was no longer in divisional office. (Reeves, T) (Entered: 07/08/2002)

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