EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

EBY-BROWN COMPANY, LLC

)

)

)

)

Defendant.

)

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

CIVIL ACTION NO.
1: 06-cv- 1083 -SEB ..VSS
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

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 on the basis of race, color, national

origin, and retaliation and to provide appropriate relief to Ahmed Conde, who was adversely

affected by such practices. The Commission alleges that Defendant subjected Ahmed Conde to

harassment based on his race, color, and national origin and subsequently retaliated against him

for his opposition to such practices and his participation in proceedings under Title VII.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343 and

1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 e-5(f)(l) and (3) ("Title VII") and

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States Court for the Southern District oflndiana, Indianapolis Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (t)(1)

and (3) and of Title VII, 42 U.S.C. § 2000e-5 (t) (1) and (3).

4. At all relevant times, Defendant, Eby-Brown Company, LLC (the "Employer"),

has continuously been a Delaware corporation, doing business in the State of Indiana and the

City of Indianapolis/Plainfield, 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 70 1(b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ahmed Conde filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 2003, Defendant Employer has engaged in unlawful employment practices at its IndianapolislPlainfield, Indiana facility, in violation of Sections 703(a) (1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) (1) and 2000e-3. The unlawful practices include subjecting Ahmed Conde to harassment based on his race, color, and national

2

origin and retaliating against him by discharging him for his opposition to said unlawful practices and his participation in proceedings under Title VII.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Ahmed Conde of equal employment opportunities and otherwise adversely affect his status as an employee, because of his race, color, national origin and retaliation.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Ahmed Conde.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in race, color, and national origin harassment, and any other employment practice which discriminates on the bases of race, color, national origin, and retaliation. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals of all race, color, and national origin, and which provide equal employment opportunities for employees who have exercised their rights under Title VII, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ahmed Conde by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other
3

affirmative relief necessary to eradicate the effects of its unlawful employment practices,

including by not limited to rightful place reinstatement of Ahmed Conde.

D. Order Defendant Employer to make whole Ahmed Conde by providing

cOII~pensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph 7 above, including but not limited to out of pocket expenses, job

search expenses, and medical expenses, plus prejudgment interest, in an amount to be determined

at trial.

E. Order Defendant Employer to make whole Ahmed Conde by providing

compensation for past and future nonpecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, including but not limited to physical and emotional pain

and suffering, mental anguish, and loss of enjoyment of life, in an amount to be determined at

trial. F.

Order Defendant Employer to pay Ahmed Conde punitive damages for their

malicious and reckless conduct described in paragraph 7 above, in an amount to be determined at

trial. G.

Grant such further relief as the Court deems necessary and proper in the public

interest. H.

Award the Commission its costs of this action.

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
RIE A. YOUNG, Regional Attorney
LLE EISELE, #12070-49 Supervisory Trial Attorney
:1
;' ORTH, #8364-49 Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 West Ohio Street, Suite 1900 Indianapolis, In 46204 Phone: (317) 226-7949 Fax: (317) 226-5571 Email: joann.farnsworth@eeoc.gov
5

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

) Cause No.: 1:06-cv-1083-SEB-VSS

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

AHMED CONDE,

)

)

Plaintiff-intervenor,

)

)

v.

)

)

EBY-BROWN, COMPANY, LLC, KEVIN JONES,)

JEFFREY MURPHY, EDWARD CAUDILL, )

and DAVID ALEXANDER,

)

)

Defendants.

)

COMPLAINT–IN-INTERVENTION Ahmed Conde, Plaintiff-intervenor (hereinafter, “Conde” or “Plaintiffintervenor”), by and through his attorney, alleges the following against Defendants, EbyBrown Company, LLC, Kevin Jones, Jeffrey Murphy, Edward Caudill and David Alexander (hereinafter, “Defendants”).
NATURE OF THE ACTION AND JURISDICTION 1. This complaint-in-intervention is being filed by Conde on his own behalf pursuant Title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. § 2000e et seq.); Title I of the Civil Rights Act of 1991; 42 U.S.C. § 1981, 42 U.S.C. § 1985(3), 42 U.S.C. § 1986, and Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure.

2. Plaintiff-intervenor seeks to obtain relief for unlawful employment practices on account of race, color and national origin which occurred in Plainfield, Indiana at EbyBrown Company, LLC (“Eby-Brown”). Eby-Brown, through its agents or supervisors, including defendants, Kevin Jones (Jones), Jeffrey Murphy (Murphy), Edward Caudill (Caudill) and David Alexander (Alexander) and each engaged in a pattern and practice of unlawful discrimination by subjecting Conde to constant intimidation, ridicule, hostile and oppressive work environment on account of Conde’s race, color and national origin. Furthermore, Defendants and others participated in a conspiracy to deprive Conde of his civil rights by concocting a criminal scheme that resulted in the arrest and prosecution of Conde.
3. On September 19, 2006, the Equal Employment Opportunity Commission (EEOC) issued a right to sue letter to Plaintiff-intervenor. The complaint-in-intervention is timely.
4. The jurisdiction over the original complaint arises under Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. Pursuant to 28 U.S.C. § 1367, Plaintiff-intervenor invokes the supplemental jurisdiction of this Court to redress the state causes of action for malicious prosecution, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, vicarious liability under the theory of respondeat superior, and negligent supervision.
2

PARTIES 5. Plaintiff-intervenor is an adult male of African-decent originally from the Republic of Guinea. Plaintiff-intervenor currently resides in the City of Indianapolis, Marion County, State of Indiana. 6. At all times relevant, Eby-Brown was a Delaware corporation licensed to conduct business in the State of Indiana. 7. Plaintiff-intervenor is informed and believes and, therefore, alleges that defendant Jones is a resident of City of Plainfield, Hendricks County, State of Indiana. At all times relevant, Jones was the Human Resource Manager for Eby-Brown in Plainfield, Indiana. 8. Plaintiff-intervenor is informed and believes and, therefore, alleges that defendant Murphy is a resident of City of Indianapolis, Marion County, State of Indiana. At all times relevant, Murphy was an employee of Eby-Brown in Plainfield, Indiana. 9. Plaintiff-intervenor is informed and believes and, therefore, alleges that defendant Caudill is a resident of City of Reelsville, Putnam County, State of Indiana. At all times relevant, Caudill was an employee of Eby-Brown in Plainfield, Indiana. 10. Plaintiff-intervenor is informed and believes and, therefore, alleges that defendant Alexander is a resident of City of Indianapolis, Marion County, State of Indiana. At all times relevant, Alexander was an employee of Eby-Brown in Plainfield, Indiana. 11. Plaintiff-intervenor is informed and believes and, therefore, alleges that each defendant is responsible in some actionable manner for the events, occurrences and damages alleged herein.
3

STATEMENT OF FACTS 12. Around June 23, 2003, Eby-Brown hired Conde to work as a laborer in the stamping department at its facilities in Plainfield, Indiana. Conde performed his job duties satisfactorily and was later promoted to the position of “hand stamper.” 13. Conde had at least four (4) supervisors, namely; Phil Garnet (Garnet), Denise Fox (Fox), Mike Brown (Brown) and Dan Siler (Siler). 14. On the first day of his employment at Eby-Brown, Conde instantly became the subject of racial hostility, harassment, intimidation and ridicule by defendants Caudill and Alexander. Caudill and Alexander were Conde’s Caucasian co-workers. 15. Caudill and Alexander frequently used racial epithets, slurs, derogatory, abusive demeaning language to refer to or describe Conde. On many occasions, Caudill and Alexander referred to Conde as “an African stupid nigger.” 16. Alexander and Caudill frequently told Conde to take his “monkey ass back” to his country. At one point, Alexander and Caudill threatened o kick Conde’s “black ass.” On many other occasions, Caudill and Alexander described Conde as a “stupid African and mother fucking stupid African nigger.” 17. At every instant, Conde reported these incidents to his supervisors and the managers. Although Conde frequently complained to his supervisors and managers, the racial hostility, harassment and insults persisted. Eby-Brown did nothing to protect Conde. 18. Around August 2004, Caudill referred to Conde as a “mother fucking stupid African nigger.” Caudill then viciously threw a box at Conde causing a laceration under
4

Conde’s left eye. With his left eye bleeding, Conde reported the incident to Garnett, Fox and Jones. They took no action against Caudill.
19. Even after causing injury to Conde, Caudill continued to taunt Conde. As Conde was walking to his car at the end of his shift on the same day, Caudill attempted to run his car over Conde while shouting, “I am going to kill you, you African nigger.”
20. The following day, Conde reported the car incident to Garnett. No action was taken. Often Alexander and Caudill taunted Conde with racial slurs over the company’s intercom.
21. On October 1, 2004, Conde was on the first floor of the building looking for Fox, his supervisor. In the presence of Garnett, Caudill approached Conde and in an intimidating manner stated, “why are you looking at me you stupid mother fucking African nigger?” Conde did not respond but proceeded to move away from Caudill. Caudill began to follow Conde. Conde told Caudill that he did not know what Caudill wanted from him and that he should leave him (Conde) alone. Caudill began “acting like a monkey” while taunting Conde. Conde turned around and told Caudill in frustration that he must be a “bastard.”
22. Garnett then ordered Conde to go upstairs. Conde told Garnett that Caudill should also have been told to go upstairs because Caudill was the one making offensive gestures and derogatory comments against Conde. Suddenly, at this point, Caudill again referred to Conde as, “mother fucking stupid African nigger” and spat on Conde’s face. Unaware of Caudill’s next move, Conde jumped over the conveyor belt towards Caudill. Caudill grabbed and hit Conde and an altercation ensued. Conde was told to go home
5

immediately while Caudill continued working. Eby-Brown terminated Conde’s employment.
23. On October 12, 2004, Conde filed a charge of discrimination with the EEOC under EEOC Charge No. 240-2005-00298. In addition, Conde filed a grievance with his Union for wrongful termination.
24. On October 25, 2004, after discussions with the Union, Eby-Brown reinstated Conde’s employment. Conde was put in a new department.
25. However, the intimidation and harassment continued. Defendant Jones specifically instructed Conde’s new co-workers to “keep an eye” on Conde because he (Conde) was “a trouble maker.” At this time, Conde’s every movement was reported to Jones. On several occasions, Jones specifically told Conde to drop his civil rights complaint against the company and its employees, including Jones. Conde repeatedly referred Jones to the EEOC for a resolution of his complaint.
26. Following an extensive investigation, the EEOC found evidence
corroborating Conde’s claim of harassment on account of his race, color and national origin. The EEOC further found that evidence corroborated Conde’s allegation that EbyBrown failed to take appropriate action in response to Conde’s claim of harassment and discrimination.
27. On or about June 7, 2005, the EEOC notified the parties of its determination. Upon receiving the EEOC determination, agents of Eby-Brown including, Jones and Murphy embarked on a scheme to retaliate against Conde. Jones recruited other EbyBrown employees, including but not limited to, Larry Harmon (Harmon), Leslie Miller (Miller) and Julie Chaote (Chaote) to spread falsehoods and derogatory information about
6

Conde. Jones was attempting to develop negative materials against Conde to counteract Conde’s civil rights complaint. .
28. Prior to and during the incidents described herein, Conde often shared cigarettes with co-workers, including Murphy during “smoke breaks.” On occasions, Conde traveled to Chicago to visit relatives. While in Chicago, Conde purchased Marlboro cigarettes from vendors at reduced rates.
29. Murphy, already part of conspiracy to create trouble for Conde, falsely believed that Conde was stealing cigarettes from Eby-Brown’s inventories. Murphy narrated his false belief to Jones. As a result, Jones, Murphy and others conspired to entrap Conde in criminal activity.
30. On one occasions, Murphy approached Conde and expressed his interest to buy cigarettes from Conde. Murphy soon discovered that Conde’s cigarettes did not come from Eby-Brown’s inventories. Rather, Conde told Murphy that he (Conde) bought the cigarettes from vendors in Chicago. Murphy relayed his findings to Jones. Jones and Murphy were apparently disappointed at the result of their initial investigation.
31. Jones and Murphy examined one of the packs of cigarettes and concluded that the cigarettes did not bear an Indiana tax stamp. Jones and Murphy decided to concoct another scheme to involve and entrap Conde in criminal conduct.
32. Jones instructed Murphy to purchase large quantities of cigarettes from Conde in order to establish that Conde was involved in the sale of illegal contraband in violation of state and federal law.
33. As part of his scheme, Jones decided to use the services of the Plainfield Police Department (PPD) to perpetuate their invidious act of discrimination and
7

harassment. Specifically, Jones employed the services of Officer Jeffrey Stephens (Officer Stephens) of PPD. Officer Stephens occasionally provided off-duty security services to Eby-Brown.
34. In furtherance of the conspiracy, Murphy approached Conde and indicated that he would like to purchase a large quantity of cigarettes from Conde. Conde told Murphy that he only bought these cigarettes at retail prices for personal use. However, Conde agreed to purchase five (5) cartons of Marlboro cigarettes for Murphy on his next trip to Chicago as a favor.
35. Murphy relayed the information concerning the pending transaction to Jones, Officer Stephens and other members of PPD. Jones met with officers of PPD and planned to conduct a “control buy” of contraband cigarettes from Conde.
36. PPD deployed its entire drug task force to set up a so-called “control buy.” Officer Stephens attempted to involve the Alcohol Tobacco and Firearms (ATF) in the “investigation.” It appears that ATF declined to be involved in the “investigation.” Jones and some members of PPD conspired to have Conde arrested and charged with “[t]heft of tax dollars, to the U.S. Government (IRS) and the State of Indiana (IRS), since he has no legal right to sell cigarettes and they do not have the tax stamps on them (sic).”
37. On September 26, 2005, Conde returned from Chicago, and brought five (5) cartons of cigarettes for Murphy as the two previously discussed. In the morning before commencing their shift, Conde told Murphy that he (Conde) bought the cigarettes for Murphy.
8

38. Murphy promptly informed Jones and the others. Murphy was instructed to lure Conde to a Marsh Supermarket parking lot where officers of PPD would already be set-up to make an arrest.
39. Subsequently, Murphy was fitted with a Kell Transmitter and given $120 by PPD drug task force. At the end of their shift around 3:30 p.m., on September 26, 2005, Conde followed Murphy to a location already determined by Murphy and the others. As per their arrangement, Conde handed the cartons of cigarettes to Murphy. Murphy gave Conde the marked currency. No arrest was made this time.
40. As part the plan, Murphy continued to pressure Conde to purchase more cigarettes. Conde saw no harm and agreed to bring another five (5) cartons of cigarettes for Murphy on his next trip to Chicago.
41. On or about October 6, 2005, Conde told Murphy that he had brought the cigarettes. Again Murphy relayed this information to Jones and others. Another “control buy” was set up for the afternoon.
42. At the ended of their shift on October 6, 2005, Murphy again lured Conde to the same location in order to put into motion the odious plan.
43. Without any knowledge that their was an attempt to implicate him in criminal conduct, Conde decided to give a ride to another Eby-Brown employee, Harmon, as he went to the location Murphy had designated. Conde went to the location with Harmon and handed five (5) cartons of cigarettes to Murphy and collected $120.00 from Murphy.
44. As Conde left the scene, uniformed police officers of PPD initiated a purported traffic stop. Conde was stopped, searched, and arrested at the scene. His vehicle and numerous personal items were impounded. Harmon was also taken to PPD.
9

Harmon was briefly questioned. Harmon told officers of PPD that he did not know that they were meeting Murphy to sell cigarettes. Harmon was promptly released.
45. On October 13, 2005, the State of Indiana filed an information charging Conde with two counts of Theft as Class D felonies. On November 3, 2005, Conde moved to dismiss the information as utterly without foundation.
46. On November 8, 2005, the State of Indiana filed an additional count charging Conde with the Sale of Cigarettes not Bearing Indiana Tax Stamp as a Class A misdemeanor.
47. On January 11, 2006, the State dismissed the two felony counts. In June 2006, the State of Indiana declined to prosecute the misdemeanor charge and dismissed the entire case. Furthermore, a companion forfeiture action against Conde was dismissed.
48. The effect of the practices complained of in paragraphs 12 through 47 above have been to deprive Conde of equal employment opportunities and otherwise adversely affect his status as an employee solely because of his race, color and national origin.
49. The conduct of the defendants was intentional, oppressive, malicious and/or in wanton disregard of the rights and feelings of Conde and constitute despicable conduct, and by reason thereof, Conde demands exemplary and punitive damages against Defendants and each of them in amount appropriate to make an example of them.
50. The unlawful employment practices complained of in paragraph 12 through 47 were done with reckless indifference to the federally protected rights of Conde.
10

51. As a direct and proximate result of these acts, Conde suffered, and will continue to suffer, severe mental and emotional distress, all to his damage in amount according to proof.
52. Conde has suffered, and will continue to suffer, serious mental health problems, including but not limited to depression, fear, anxieties, inability to function normally in his daily activities thereby inhibiting his chances for better employment.
PRAYER FOR RELIEF Count I – Racial and National Origin Discrimination
(42 U.S.C. § 2000e et seq.) 53. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through forty–seven (52) of this Proposed Complaint (Complaint). 54. Defendants discriminated against Plaintiff-intervenor because of his race as a black male born in the Republic of Guinea. Plaintiff-intervenor was subjected to intimidation, ridicule, and insults by his supervisors and coworkers solely because of his race, color and national origin. 55. Plaintiff-intervenor did not encourage, welcome, or consent to the discrimination, harassment, intimidation, and ridicule described in this Complaint. 56. The harassment, intimidation, and ridicule described in this Complaint have had a substantial and detrimental effect on Plaintiff-intervenor’s employment and psychological well-being. 57. Plaintiff-intervenor reported the discrimination, harassment and ridicule to which he was subjected but no action was taken to protect Plaintiff-intervenor from further harassment, intimidation and ridicule.
11

58. Eby-Brown and its agents had notice of the harassment, intimidation, and ridicule described in this Complaint as such incidents were pervasive and obvious.
59. Eby-Brown failed to investigate and take remedial action in response to Plaintiff-intervenor’s complaints.
60. At all times relevant, Plaintiff-intervenor’s job performance was more than satisfactory. Defendants concocted a plan that resulted in Plaintiff-intervenor’s termination solely because of his race, color and national origin.
61. Eby-Brown’s conduct in terminating Plaintiff-intervenor on account of his race, color and national origin violates Title VII of the Civil Rights Act of 1964, as amended.
62. Eby-Brown, by and through its agents, illegally retaliated against Plaintiffintervenor by compounding the racial harassment solely because Plaintiff-intervenor raised concerns that he was being threatened and intimidated by his co-workers and supervisors solely on account of his race, color and national origin.
63. Defendants’ discriminatory conduct has caused, continues to cause, and will cause Plaintiff-intervenor to suffer substantial damaged for future pecuniary losses, mental anguish, loss of enjoyment of life and other nonpecuniary losses.
64. As a result of Eby-Brown’s conduct in terminating Plaintiff-intervenor, Plaintiff-intervenor has suffered lost income, fringe benefits, and has incurred expenses.
65. Pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), Plaintiff-intervenor is entitled to recover compensatory damages, including future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of employment and other nonpecuniary losses.
12

66. Pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § et seq.), Plaintiff-intervenor is entitled to recover punitive damages from Defendants for discriminating against Plaintiff-intervenor with malice or reckless indifference to his federally protected rights.
67. Pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), Plaintiff-intervenor is entitled to reasonable attorney’s fees, including litigation expenses, and costs in this action.
WHEREFORE, Plaintiff prays for relief as hereinafter set forth. Count II – Violation of 42 U.S.C. § 1981
68. Plaintiff incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52 of this Complaint.
69. Eby-Brown and its agents engaged in intentional racial discrimination and discrimination on account of national origin, harassment, and intimidation. Said discrimination, harassment and intimidation adversely affected the terms and conditions of Plaintiff-intervenor employment contract with Eby-Brown in violation of 42 U.S.C. § 1981.
Count III – Violation of 42 U.S.C. § 1985 70. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint. 71. Eby-Brown had a duty to ensure a work environment for Plaintiff-intervenor free of racial harassment, intimidation, and discriminatory animus and to enforce the regulations, rules and laws necessary to protect Plaintiff-intervenor from racial abuse and insult.
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72. Eby-Brown failed to protect Plaintiff-intervenor but rather its agents engaged in a conspiracy to deprive Plaintiff-intervenor of his civil rights by collaboratively embarking in a reckless scheme to entrap Plaintiff-intervenor in criminal conduct that resulted in his arrest and prosecution. By their conduct herein alleged Eby-Brown and its agents intentionally, willfully, and without justification did conspire to deprive Plaintiff of his rights, privileges and immunities secured him by the constitution of the United States, including but not limited to his rights to equal protection of law as provided by the Fourteenth Amendment.
WHEREFORE, Plaintiff prays for relief as hereinafter set forth. Count IV – Violation of 42 U.S.C. § 1986
73. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint.
74. Eby-Brown knew or in the exercise of reasonable care should have known, of a conspiracy to deprive Plaintiff-intervenor of his civil rights as more fully described in paragraphs 1-72 of this Complaint but neglected or failed to prevent such wrong even though the Eby-Brown had the power to do so, in violation of 42 U.S.C. § 1986.
WHEREFORE, Plaintiff prays for relief as hereinafter set forth. Count V – Intentional Infliction of Emotional Distress
75. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint.
76. The conduct of the Defendants was intentional, oppressive, malicious and/or in wanton disregard of the rights and feelings of Plaintiff-intervenor and constitutes despicable conduct, by reason thereof, Plaintiff-intervenor demands exemplary or
14

punitive damages against Defendants in an amount appropriate to punish them and to deter them and others from such conduct in the future.
Count VI – Negligent Infliction of Emotional Distress 77. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint. 78. In doing each and all of the dates alleged herein, Defendants engaged in a course of conduct which is grossly negligent, extreme, and outrageous. Defendants engaged in said conduct with wanton and reckless disregard of the consequences or harm or injury that might result to Plaintiff-intervenor. 79. Eby-Brown, despite knowledge and adequate opportunity to learn of the misconduct of its agents and employees, adopted, approved, and ratified the acts, omissions, and misconduct of its agents and employees. WHEREFORE, Plaintiff prays for relief as hereinafter set forth.
Count VII – Negligent Supervision 80. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint. 81. Eby-Brown negligently failed to train its supervisors and administrative personnel regarding nondiscriminatory practices as required by the laws of the State of Indiana and the United States. 82. Beginning June 25, 2003, and continuing thereafter, Eby-Brown knew, or in the exercise of reasonable care should have known, that its supervisors and agents were engaging in unlawful behavior described herein above. Despite such knowledge, power, and duty, Eby-Brown negligently failed to prevent, supervise, prohibit, control, regulate,
15

discipline and/or penalize such conduct, acts, and failures to act, or to otherwise protect Plaintiff-intervenor.
83. Eby-Brown failed to implement a system to prevent discriminatory practices in the workplace pursuant to the laws of the State of Indiana and the United States.
84. As a direct and proximate result of Defendants’ actions, Plaintiff-intervenor has suffered and will continue to suffer pain and suffering, and extreme and severe mental anguish and emotional distress.
WHEREFORE, Plaintiff-intervenor prays for relief as hereinafter set forth. Count VIII – Malicious Prosecution
85. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint.
86. On September 26, 2005, agents of Eby-Brown filed a complaint with the Plainfield Police Department falsely accusing Plaintiff-intervenor of having committed the crime of theft, a Class D felony.
87. On October 13, 2005, as a result of the false complaint, a criminal action was instituted against Plaintiff-intervenor in the Hendricks Superior Court, in an action entitled State of Indiana v. Ahmed Conde, Cause No.: 32D01-0510-FD-154. Furthermore, a forfeiture action filed by the State of Indiana and the United Drug Task Force against Conde under cause No.: 32D01-0510-PL-67. Both cases have been dismissed.
88. The Defendants made false allegations, which resulted in Plaintiffintervenor’s criminal prosecution, maliciously without probable cause to believe that Plaintiff-intervenor was guilty of the crime charged.
16

89. As a result of the malicious prosecution by Defendants, Plaintiff-intervenor has suffered monetary damages, damage to Plaintiff-intervenor’s reputation, and other damages according to proof.
WHEREFORE, Plaintiff-intervenor prays for relief as hereinafter set forth. Count IX – Vicarious Liability – Respondeat superior
90. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint.
91. At all times materials to this cause of action, defendants Jones, Murphy, Caudill and Alexander were agents and/or employees of Eby-Brown, and were at such times acting within the full course, scope and authority of their respective positions as human resource manager and hourly employees respectively, therefore, imputing liability to Eby-Brown for their despicable conduct and resulting damages as outlined above under the principles of respondeat superior, the law of agency, the laws of the State of Indiana as applicable. Plaintiff-intervenor is therefore entitled to general, compensatory, and punitive damages from all Defendants.
WHEREFORE, Plaintiff-intervenor prays for relief as hereinafter set forth. Count X – Assault and Battery
Against Defendant Edward Caudill 92. Plaintiff-intervenor incorporates by reference as though fully set forth herein paragraphs one (1) through fifty-two (52) of this Complaint. 93. Around August 2004, and October 1, 2004, defendant Caudill intentionally attacked Plaintiff-intervenor and struck Plaintiff on his left eye and other parts of Plaintiff-intervenor’s body.
17

94. As a result of Caudill’s conduct, Plaintiff-intervenor sustained permanent
injury, pain and suffering, medical expenses, and lost wages.
WHEREFORE, Plaintiff-intervenor prays for relief as hereinafter set forth.
RELIEF REQUESTED
WHEREFORE, Plaintiff-intervenor, by counsel, requests this Court to grant him
the following relief:
1. Judgment against Defendants and each of them for back and front pay and loss of employment benefits from the date of discharge, plus interest as allowed by law until paid in full. For compensatory, general, and punitive damages in an amount to be proven at trial.
2. For cost of suit, including attorney’s fees, pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.);
3. For general damages in the sum according to proof; and
4. For such other and further relief as the Court may deem proper in the premises, including but not limited to injunctive relief and for the Court to prevent further and other conduct as alleged herein.
DEMAND FOR JURY TRIAL
Plaintiff-intervenor, by counsel, respectfully requests trial by jury of all
appropriate issues in this case.
Respectfully submitted,
/s/Swaray E. Conteh______ Swaray E. Conteh, Atty. #18586-49 Attorney for Plaintiff
THE LAW OFFICE OF SWARAY CONTEH, LLC 6201 La Pas Trail, Suite 110 Indianapolis, IN 46268 Tel: (317) 299-6414 Fax: (317) 299-6439 contehlaw@att.net
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19

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

vs.

)

)

EBY-BROWN COMPANY, LLC,

)

Defendant.

)

1:06-cv-1083-SEB-JMS

ORDER Having considered the motions, responses, and replies filed by the parties, the Court hereby GRANTS Defendants Eby-Brown, Company, LLC's, Kevin Jones', Jeffrey Murphy's, and David Alexander's Motion to Compel Discovery, and DENIES the request for sanctions. The Court finds that the prior Stipulated Protective Order (Docket Entry 55) agreed to by all parties not only permitted, but required the disclosure of the information sought by Defendants. The Court will not entertain objections to the propriety of the disclosures given the parties’ agreement and request for Court approval. Moreover, the Court finds the information is properly discoverable and potentially relevant to Defendant’s defense that it had a legitimate nondiscriminatory and non-retaliatory reason to terminate Plaintiff-Intervenor. Accordingly, Plaintiff Equal Employment Opportunity Commission and Plaintiff-Intervenor Ahmed Conde are ordered to produce his current user names and passwords to his internet based e-mail accounts (including any accounts he had within the 60 days prior to his termination) to 24 Seven Discovere, LLC within three (3) business days of the date of the entry of this Order. Plaintiff-Intervenor is further ordered not to change any user names or password on his e-mail accounts until he is notified that 24 Seven Discovere, LLC has

completed its review of Plaintiff-Intervenor’s e-mail files. 24 Seven Discovere, LLC shall have 3 business days from receipt of the e-mail user names and passwords to conduct its search of Plaintiff-Intervenor’s e-mail accounts.
Further Plaintiff-Intervenor is to make his initial disclosures to Defendants pursuant to Rule 26(a)(l) of the Federal Rules of Civil Procedure within five (5) business days of the date of the entry of this Order.
While the Court disagrees with the response to the discovery requests provided by both Conde and EEOC, the Court finds that ambiguity in the protective order and a potential misunderstanding as to the work being performed by 24 Seven Discovere, LLC at PlainittIntervenor’s counsel’s office may have given rise to the dispute in question. The Court therefore declines to impose sanctions.
In the future the parties are encouraged to arrange a telephone status conference with the magistrate judge (following their Local Rule 37.1 conference if unsuccessful) prior to filing any disputed discovery motions.
IT IS SO ORDERED.

06/04/2007

_______________________________
Jane Magnus-Stinson United States Magistrate Judge Southern District of Indiana

Copies to:
Eugene A. Boyle NEAL GERBER & EISENBERG LLP eboyle@ngelaw.com
Swaray Edward Conteh contehlaw@att.net
Kelley Bertoux Creveling BAKER & DANIELS kbcrevel@bakerd.com
Michelle Eisele EEOC michelle.eisele@eeoc.gov
Jo Ann Farnsworth EEOC joann.farnsworth@eeoc.gov
Gerald A. Golden NEAL GERBER EISENBERG LLP ggolden@ngelaw.com
Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION legal.station@eeoc.gov

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

Ahmed Conde

)

)

Plaintiff-Intervenor

)

)

v.

)

)

EBY-BROWN COMPANY, LLC

)

)

)

)

Eby-Brown.

)

)

CIVIL ACTION NO. 1:06-cv-1083-SEB-JMS

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission

(“Commission”) under the authority granted to it under Section 706(f)(1) of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). The Commission’s action was

brought to correct alleged unlawful employment practices on the basis of race, color, national

origin and retaliation. Specifically, the Commission alleged in its Complaint that Eby-Brown

Company, LLC allowed Ahmed Conde to be subjected to harassment based on his race, color,

and national origin and subsequently discharged him in retaliation for opposing such practices

and participating in proceedings under Title VII.

The Commission and Eby-Brown Company, LLC hereby stipulate to the jurisdiction of

the Court over the parties and the subject matter of this action.

The parties have advised the Court that they desire to resolve the remaining allegations in the Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; and (3) this Consent Decree resolves all the matters in controversy between the parties as provided in paragraphs 1 through 14 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. This Consent Decree, being entered with the agreement of the parties for purposes of settlement, shall not constitute adjudication on the merits of this lawsuit and shall not be construed as an admission by Eby-Brown Company, LLC, and Eby-Brown Company, LLC, denies any violation of Title VII or any other executive order, law, rule, or regulation. 2. Eby-Brown agrees that it will not discriminate against employees on the bases of race, color, or national origin and will maintain a work environment for all employees that is free from harassment based on race, color, and national origin. 3. Eby-Brown agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII. 4. Upon receipt of a release signed by Ahmed Conde, in full settlement of all claims, Eby-Brown agrees to pay Ahmed Conde or his heirs and assigns in the event of his death, $100,000.00 as damages in settlement of his claim. Of this amount, $90,000.00 shall be paid as punitive and compensatory damages and an IRS Form 1099 will be issued to him; $10,000.00
2

shall be paid to Ahmed Conde, less applicable payroll taxes and shall be treated for tax purposes as wages for which an IRS Form W-2 shall be issued to Ahmed Conde. Eby-Brown Company, LLC agrees not to deduct from the punitive and compensatory damage settlement amount of $90,000.00 the amount of the employer’s share of any costs, taxes or social security required by law to be paid by Eby-Brown. All payments shall be made by check(s) and made payable to Ahmed Conde and Swaray Conteh and sent to his counsel, Swaray Conteh.
5. Eby-Brown agrees to post the Notice of Non-Discrimination Policy attached as Appendix A to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree.
6. Within thirty (30) days of the date of entry of this Decree, Eby-Brown agrees to implement a personnel policy prohibiting race, color, and national origin harassment in the workplace. Said policy has been agreed upon by the parties and is attached as Appendix B. Eby-Brown agrees that the policy will be included in an employees' manual or other printed memorandum which will be distributed to each employee. Eby-Brown agrees that the policy prohibiting race, color, and national origin harassment and procedures for reporting incidents of harassment will be explained to each employee at the time he or she receives the written copy of the policy.
7. Eby-Brown agrees to submit reports to EEOC detailing its compliance with this decree. Within sixty (60) days of the date of this Decree, Eby-Brown will certify to the EEOC Regional Attorney that the distribution and explanation of the policy have been completed and provide EEOC with a copy of the personnel manual or memorandum containing the policy prohibiting harassment. In addition, two (2) annual reports shall be submitted during the term of this decree. The first report shall be due on December 31, 2007 and the second report shall be
3

mailed to the Commission no later than December 31, 2008. The reports shall include the following information for the twelve (12) month period preceding the report: a description of any and all verbal or written complaints of race, color, or national origin harassment received by the company or any of its managers or supervisors from any employee, the name and position of the complainant and the disposition of the complaint, including any discipline administered as a result of the complaint. Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.
8. Eby-Brown has provided training to its managers and supervisors regarding race, color, and national origin discrimination and retaliation.
9. Eby-Brown agrees to eliminate from the record of Ahmed Conde all references to his charges of discrimination and participation in this suit and shall make no mention of such charges or participation in the event Eby-Brown is contacted for references by Mr. Conde’s prospective employers. This provision survives the expiration of this Consent Decree.
10. Eby-Brown Company, LLC agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees, and examine and copy documents, upon reasonable advance notice to Eby-Brown.
11. In the event that the Commission alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, the Commission will give notice to Eby-Brown in writing thereof, specifically identifying the alleged violation. Eby-Brown will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before the Commission exercises any
4

remedy provided by law. 12. The Commission and Eby-Brown Company, LLC shall each bear their own costs
and attorney fees. 13. The term of this Decree shall be for two (2) years following the date of the entry
of this Decree. 14. RETENTION OF JURISDICTION BY COURT The Court will retain
jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

____1_2_/2_0_/_20_0_7___________ Date

___________________________________ Judge, United States District Court

_______________________________

Copies to:

SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Jo Ann Farnsworth, Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204

Gerald A. Golden Eugene A. Boyle Neal, Gerber & Eisenberg LLP 2 North LaSalle Street - Suite 2200 Chicago, IL 60602 ggolden@ngelaw.com

Kelley Bertoux Creveling BAKER & DANIELS, LLP 300 N. Meridian Street Suite 2700 Indianapolis, IN 46204 kelley.creveling@bakerd.com

5

Swaray E. Conteh THE LAW OFFICE OF SWARAY CONTEH, LLC 6214 Morenci Trail, Suite 290 Indianapolis, IN 46268 contehlaw@att.net
6

APPENDIX A
EMPLOYEE NOTICE
NOTICE OF NON-DISCRIMINATION POLICY
Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee’s race, color, religion, sex, national origin, age (over 40) or disability.
Federal law also prohibits race, color, and national origin harassment in the workplace.
Eby-Brown Company, LLC employees are expected to personally ensure that they do not engage in race, color, or national origin harassment at the workplace.
Eby-Brown Company, LLC will take disciplinary measures against those employees guilty of such harassment.
Eby-Brown Company, LLC supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900
Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-4162
7

APPENDIX B
POLICY ON NON-DISCRIMINATION AND RACE, COLOR, AND NATIONAL ORIGIN HARASSMENT
It is the Company's policy and philosophy to treat its employees and applicants for employment fairly and without regard to race, color, sex, religion, national origin, age or disability. Both the state and federal government prohibit discrimination on any of these bases and there are state and federal agencies authorized to enforce the law should violations occur. Discrimination against any employee or applicant based on any of these bases will not be tolerated. This policy applies to all employment practices including, but not limited to, recruiting, hiring, pay rates, training and development, promotions and other terms and conditions of employment and termination. The Company also prohibits any form of harassment, joking remarks or other abusive conduct, directed at employees because of their race, color, sex, religion, national origin, age or disability. Race, color, and national origin harassment is prohibited because it is offensive, insulting and inconsistent with the Company's policies, practices and management philosophy. Any employee who feels subjected to discrimination or harassment of any kind should immediately report it to his/her supervisor or an officer of the Company. All such reports will be investigated thoroughly and, if the report has merit, disciplinary action up to and including discharge will be taken against the offender. The employee may also contact the Equal Employment Opportunity Commission, 101 West Ohio Street, Suite 1900, Indianapolis, Indiana 46204, (317) 226-7212 with any questions concerning discrimination or harassment.
8

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

EBY-BROWN COMPANY, LLC,

)

)

Defendant.

)

1:06-cv-1083- SEB-JMS

ORDER OF DISMISSAL The parties have filed nothing in response to the Court’s Entry for December 13, 2007. This cause is, therefore, DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 41(b). IT IS SO ORDERED.

Date: _0_1_/_1_5_/2_0_0_8____
Copies to: Eugene A. Boyle NEAL GERBER & EISENBERG LLP eboyle@ngelaw.com Swaray Edward Conteh contehlaw@att.net

_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana
Kelley Bertoux Creveling BAKER & DANIELS kbcrevel@bakerd.com
Michelle Eisele EQUAL EMPLOYMENT OPPORTUNITY COMMISSION michelle.eisele@eeoc.gov
1

Jo Ann Farnsworth EEOC joann.farnsworth@eeoc.gov Gerald A. Golden NEAL GERBER EISENBERG LLP ggolden@ngelaw.com Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION legal.station@eeoc.gov
2

 
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CLOSED, CMP
U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:06-cv-01083-SEB-JMS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. EBY-BROWN COMPANY, LLC Assigned to: Judge Sarah Evans Barker Referred to: Judge Jane Magnus-Stinson Cause: 42:2000 Job Discrimination (Race)

Date Filed: 07/17/2006 Date Terminated: 01/15/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Jo Ann Farnsworth EEOC 101 West Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7949 Fax: (317)226-5571 Email: joann.farnsworth@eeoc.gov ATTORNEY TO BE NOTICED

Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7202 Fax: (317)226-7203 Email: legal.station@eeoc.gov ATTORNEY TO BE NOTICED

Michelle Eisele EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7212 Fax: (317)226-7953 Email: michelle.eisele@eeoc.gov ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff AHMED CONDE
V. Defendant EBY-BROWN COMPANY, LLC
Defendant
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represented by Swaray Edward Conteh 6201 La Pas Trail Suite 110 Indianapolis, IN 46268 (317) 299-6414 Fax: (317) 299-6439 Email: contehlaw@att.net ATTORNEY TO BE NOTICED
represented by Eugene A. Boyle NEAL GERBER & EISENBERG LLP Two North LaSalle Street Suite 2200 Chicago, IL 60602 (312) 269-8036 Fax: (312) 429-3514 Email: eboyle@ngelaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
Gerald A. Golden NEAL GERBER EISENBERG LLP Two North Lasalle Street Suite 2200 Chicago, IL 60602 (312) 269-8008 Fax: (312) 269-1707 Email: ggolden@ngelaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
Kelley Bertoux Creveling BAKER & DANIELS 300 North Meridian Street Suite 2700 Indianapolis, IN 46204 317-237-1175 Fax: 317-237-1000 Email: kbcrevel@bakerd.com ATTORNEY TO BE NOTICED
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KEVIN JONES
Defendant JEFFREY MURPHY Defaulted 3/26/07 - Set Aside 4/20/07
Defendant EDWARD CAUDILL Defaulted 3/26/07 Defendant DAVID ALEXANDER Defaulted 3/26/07 - Set Aside 4/20/07

represented by Eugene A. Boyle (See above for address) ATTORNEY TO BE NOTICED
Gerald A. Golden (See above for address) ATTORNEY TO BE NOTICED
Kelley Bertoux Creveling (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene A. Boyle (See above for address) ATTORNEY TO BE NOTICED
Gerald A. Golden (See above for address) ATTORNEY TO BE NOTICED
Kelley Bertoux Creveling (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene A. Boyle (See above for address) ATTORNEY TO BE NOTICED
Gerald A. Golden (See above for address) ATTORNEY TO BE NOTICED
Kelley Bertoux Creveling (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/17/2006

# Docket Text
1 COMPLAINT with Jury Demand filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION against EBY-BROWN COMPANY, LLC.(DH, ) (Entered: 07/17/2006)

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07/17/2006 07/17/2006 07/17/2006 08/08/2006 08/08/2006 08/08/2006 08/11/2006
08/14/2006
08/17/2006 08/18/2006 08/22/2006 09/05/2006 09/05/2006 09/19/2006 09/21/2006 09/21/2006
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2 CIVIL COVER SHEET filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (DH, ) (Entered: 07/17/2006)
3 Summons Issued as to EBY-BROWN COMPANY, LLC c/o CT Corp. System, Registered Agent. (DH, ) (Entered: 07/17/2006)
4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction. (DH, ) (Entered: 07/17/2006)
5 NOTICE of Appearance by Kelley Bertoux Creveling on behalf of EBY-BROWN COMPANY, LLC (Creveling, Kelley) (Entered: 08/08/2006)
6 ANSWER to Complaint and Defenses by EBY-BROWN COMPANY, LLC.(Creveling, Kelley) (Entered: 08/08/2006)
7 CORPORATE DISCLOSURE STATEMENT by EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 08/08/2006)
8 SCHEDULING ORDER: Initial Pretrial Conference set for 9/19/2006 01:00 PM in room #256 before Magistrate Judge V. Sue Shields. The CMP is due no later than 14 days prior to the iptc (See Order). Signed by Judge V. Sue Shields on 8/11/06. (SWM, ) (Entered: 08/11/2006)
9 RETURN of Service by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. EBY-BROWN COMPANY, LLC served on 7/19/2006. (Attachments: # 1 Exhibit Certified Mail Receipt)(Farnsworth, Jo Ann) (Entered: 08/14/2006)
10 MOTION to Appear pro hac vice by EBY-BROWN COMPANY, LLC. (Attachments: # 1 Text of Proposed Order)(Creveling, Kelley) (Entered: 08/17/2006)
11 RECEIPT #108 3535 in the amount of $ 30.00 for phv fee, Gerald Golden (PG, ) (Entered: 08/18/2006)
12 ORDER granting 10 Motion to Appear pro hac vice. Attorney Gerald A. Golden for EBY-BROWN COMPANY, LLC added . Signed by Judge Sarah Evans Barker on 8/22/06. (MAC, ) (Entered: 08/22/2006)
13 CASE MANAGEMENT PLAN TENDERED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A: Magistrate's Summary of Case Management Plan)(Farnsworth, Jo Ann) (Entered: 09/05/2006)
14 ORDER: CASE MANAGEMENT ORDER APPROVED as amended. Dispositive motions due by 6/17/2007. Signed by Judge V. Sue Shields on 9/5/06. (SWM, ) (Entered: 09/07/2006)
15 Entry for proceedings held before Judge V. Sue Shields : Initial Pretrial Conference held on 9/19/2006. Conference held and concluded w/o further order. (LSC) (Entered: 09/19/2006)
16 NOTICE of Appearance (Conteh, Swaray) (Entered: 09/21/2006)
17 MOTION to Intervene, filed by Petitioner Ahmed Conde., (Attachments: # 1 Exhibit Proposed Complaint# 2 Text of Proposed Order Order Granting Leave to Intervene)(Conteh, Swaray) (Entered: 09/21/2006)
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10/18/2006 10/18/2006 10/19/2006 12/11/2006 12/13/2006 12/13/2006 12/18/2006 12/18/2006 12/19/2006 12/21/2006 01/17/2007 01/17/2007
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18 BRIEF/MEMORANDUM in Support re 17 MOTION to Intervene, filed by Petitioner Ahmed Conde. (Conteh, Swaray) (Entered: 09/21/2006)
19 NOTICE of Withdrawal of Appearance by James Lee and Gwendolyn Young Reams on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Farnsworth, Jo Ann) (Entered: 09/25/2006)
20 ENTRY Acknowledges Notice of Withdrawal of Appearance by James L. Lee and Gwendolyn Young (marginal notation). Signed by Judge Sarah Evans Barker on 9/27/06. (MAC) (Entered: 09/28/2006)
21 SCHEDULING ORDER:Settlement Conference set for 4/2/2007 09:00 AM in room #256 before Magistrate Judge V. Sue Shields. Confidential settlement statements due no later than two business days prior to the conference (See Order). Signed by Judge V. Sue Shields on 10/5/06. (SWM) (Entered: 10/05/2006)
22 MOTION to Appear pro hac vice of Eugene A. Boyle, filed by Defendant EBY-BROWN COMPANY, LLC. (Attachments: # 1 Text of Proposed Order)(Creveling, Kelley) (Entered: 10/18/2006)
23 RECEIPT #108-3796 in the amount of $ 30.00 - Pro Hac Fee Boyle (MAC) (Entered: 10/19/2006)
24 ORDER granting 22 Motion to Appear pro hac vice. Attorney Eugene A. Boyle for EBY-BROWN COMPANY, LLC added. Signed by Judge Sarah Evans Barker on 10/19/06. (MAC) (Entered: 10/19/2006)
25 Joint MOTION for Protective Order, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Farnsworth, Jo Ann) (Entered: 12/11/2006)
26 ORDER granting 17 Motion to Intervene by Ahmed Conde. Petitioner shall forthwith file and serve his Proposed Complaint. Signed by Judge Sarah Evans Barker on 12/13/06. (MAC) (Entered: 12/13/2006)
27 Stipulated Protective Order APPROVED. Signed by Judge V. Sue Shields on 12/13/06. (SWM) (Entered: 12/14/2006)
28 Exhibit List Preliminary, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 12/18/2006)
29 Witness List Preliminary, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 12/18/2006)
30 Intervenor COMPLAINT, filed by AHMED CONDE.(Conteh, Swaray) (Entered: 12/19/2006)
31 Summons Issued as to EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, EDWARD CAUDILL, DAVID ALEXANDER. (MAC) (Entered: 12/21/2006)
32 Witness List Preliminary, filed by Defendant EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 01/17/2007)
33 Exhibit List Preliminary, filed by Defendant EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 01/17/2007)
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02/21/2007 02/21/2007 03/12/2007
03/12/2007 03/15/2007 03/15/2007 03/16/2007 03/16/2007 03/16/2007 03/16/2007 03/16/2007 03/19/2007
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34 NOTICE OF REASSIGNMENT of Magistrate Judge Magnus-Stinson to this case. The settlement conference previously scheduled for 4/2/07 before Magistrate Judge V. Shields remains on the calendar. The conference will be held Room 256 before Magistrate Judge Magnus-Stinson in the United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties are to use the initials JMS in the cause number of future filings. All scheduled dates or deadlines before the district judge remain unchanged. (MRI) (Entered: 01/30/2007)
35 NOTICE of Appearance by Eugene A. Boyle on behalf of Defendant KEVIN JONES. (Boyle, Eugene) (Entered: 02/21/2007)
36 ANSWER to Intervenor Complaint, filed by EBY-BROWN COMPANY, LLC, KEVIN JONES.(Boyle, Eugene) (Entered: 02/21/2007)
37 MOTION For Order to Show Cause Why Contempt Should Not Be Issued Against Darryl Matlock, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1 Exhibit A - Affidavit of Counsel# 2 Exhibit B - executed subpoena dated2/28/07# 3 Exhibit C - executed subpoena dated2/24/07# 4 Text of Proposed Order)(Farnsworth, Jo Ann) (Entered: 03/12/2007)
38 BRIEF/MEMORANDUM in Support re 37 MOTION For Order to Show Cause Why Contempt Should Not Be Issued Against Darryl Matlock, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 03/12/2007)
39 NOTICE of Appearance by Gerald A. Golden on behalf of Defendant KEVIN JONES. (Golden, Gerald) (Entered: 03/15/2007)
40 Unopposed MOTION to Strike and Reset Settlement Conference Date, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES., (Golden, Gerald) (Entered: 03/15/2007)
41 RETURN of Service, filed by AHMED CONDE. DAVID ALEXANDER served on 1/24/2007. (Conteh, Swaray) (Entered: 03/16/2007)
42 RETURN of Service, filed by AHMED CONDE. EBY-BROWN COMPANY, LLC served on 1/2/2007. (Conteh, Swaray) (Entered: 03/16/2007)
43 RETURN of Service, filed by AHMED CONDE. JEFFREY MURPHY served on 12/23/2006. (Conteh, Swaray) (Entered: 03/16/2007)
44 RETURN of Service, filed by AHMED CONDE. KEVIN JONES served on 12/26/2006. (Conteh, Swaray) (Entered: 03/16/2007)
45 RETURN of Service, filed by AHMED CONDE. EDWARD CAUDILL served on 12/23/2006. (Conteh, Swaray) (Entered: 03/16/2007)
46 ORDER granting defts Eby-Brown and Kevin Jones' 40 Motion to strike and reset settlement conference. SCHEDULING ORDER: Settlement Conference RESET for 6/4/2007 01:30 PM in room #256 before Judge Jane Magnus-Stinson. In the future, counsel should refer to such motion as a motion to continue. Confidential settlement statements are due 5/30/07. Signed by Judge Jane Magnus-Stinson on 3/19/07. (SWM) (Entered: 03/20/2007)
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47 APPLICATION for Default, filed by Intervenor Plaintiff AHMED CONDE. (Attachments: # 1 # 2)(Conteh, Swaray) (Entered: 03/22/2007)
48 NOTICE of Appearance by Gerald A. Golden on behalf of Defendants JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 03/26/2007)
49 NOTICE of Appearance by Eugene A. Boyle on behalf of Defendants JEFFREY MURPHY, DAVID ALEXANDER. (Boyle, Eugene) (Entered: 03/26/2007)
50 Clerk's ENTRY OF DEFAULT as to JEFFREY MURPHY, EDWARD CAUDILL, DAVID ALEXANDER cm LAB (MAC) (Entered: 03/27/2007)
51 MOTION to Set Aside Default Against Defendants Jeffrey Murphy and David Alexander, filed by Defendants JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Exhibit Answer to Complaint-in-Intervention# 2 Text of Proposed Order)(Golden, Gerald) (Entered: 03/28/2007)
52 ORDER granting 37 Motion for order to show cause why contempt should not be issued against Darryl Matlock for refusing to obey a deposition subpoena; SCHEDULING ORDER: Show Cause Hearing set for 4/17/2007 01:00 PM in room #256 before Judge Jane Magnus-Stinson. ORDER that the court reporter contracted to record said deposition shall be permitted to enter the US Courthouse with recording equipment cm Signed by Judge Jane Magnus-Stinson on 4/5/07. (CBU) (Entered: 04/06/2007)
53 Witness List Amended Preliminary, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 04/13/2007)
54 ENTRY for 4/17/07: Parties appear by counsel for hearing on Order to Show Cause. Witness Matlock initially fails to appear, after being contacted by phone, agrees to and does appear for deposition. Deposition concluded. Existing deadlines and other date to remain as set. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)
55 Stipulated Protective Order APPROVED. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)
56 Stipulated Protective Order APPROVED. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)
57 ORDER granting Defendants Murphy and Alexander's 51 Motion to Set Aside Entry of Default. Signed by Judge Sarah Evans Barker on 4/20/07. (MAC) (Entered: 04/23/2007)
58 NOTICE of Appearance by Kelley Bertoux Creveling on behalf of Defendants KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Creveling, Kelley) (Entered: 04/27/2007)
59 MOTION to Compel Discovery and for Sanctions, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order # 2 Exhibit # 3 Exhibit)(Golden, Gerald) (Entered: 05/11/2007)
60 Unopposed MOTION to Extend Discovery Deadline, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY,
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DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/15/2007)
61 Joint MOTION to Continue Settlement Conference, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/15/2007)
62 ORDER granting parties' 61 Joint Motion to continue settlement conference. SCHEDULING ORDER: Settlement Conference RESET for 7/9/2007 01:30 PM in room #256 before Judge Jane Magnus-Stinson. Confidential settlement statements due by 7/5/07. Signed by Judge Jane Magnus-Stinson on 5/17/07. (SWM) (Entered: 05/17/2007)
63 RESPONSE in Opposition re 59 MOTION to Compel Discovery and for Sanctions, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1- Supplemental Discovery Response)(Farnsworth, Jo Ann) (Entered: 05/17/2007)
64 ORDER granting defts' 60 Motion to extend discovery deadline. Fact-discovery must be completed by 6/17/07. Dispositive motions due by 7/16/2007. Signed by Judge Jane Magnus-Stinson on 5/17/07. (SWM) (Entered: 05/18/2007)
65 Unopposed MOTION for Extension of Time to June 5, 2007 to file reply to 59 MOTION to Compel Discovery and for Sanctions, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/21/2007)
66 SCHEDULING ORDER:Final Pretrial Conference set for 1/15/2008 02:00 PM in room #216 before Judge Sarah Evans Barker.,Jury Trial set for 1/28/2008 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/22/07. (MAC) (Entered: 05/23/2007)
67 RESPONSE in Opposition re 59 MOTION to Compel Discovery and for Sanctions, filed by Intervenor Plaintiff AHMED CONDE. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Conteh, Swaray) (Entered: 05/23/2007)
68 ORDER granting defts' 65 Motion for Extension of Time to File Reply re 59 MOTION to Compel Discovery and for Sanctions ; 7 days from the date Pltf-Intervenor AHMED files his response to defts' Motion to Compel; or by 6/5/2007 if Pltf-Intervenor files no response to the Motion to Compel. Signed by Judge Jane Magnus-Stinson on 5/23/2007. (LSC) (Entered: 05/23/2007)
69 MOTION for Continuance of Trial, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1 Text of Proposed Order)(Farnsworth, Jo Ann) (Entered: 05/29/2007)
70 REPLY in Support of Motion re 59 MOTION to Compel Discovery and for Sanctions, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 05/30/2007)
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71 ORDER granting 59 Motion to Compel and denies the request for sanctions Signed by Judge Jane Magnus-Stinson on 6/4/07. (CBU) (Entered: 06/04/2007)
72 Witness List and Exhbit List, filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 06/08/2007)
73 ENTRY for 6/13/07: On 6/12/07, parties appear by counsel for telephone conference concerning discovery matter (See Entry). Signed by Judge Jane Magnus-Stinson on 6/13/07. (SWM) (Entered: 06/14/2007)
74 ENTRY for 7/9/07: Parties appear in person and by counsel for settlement conference. Conference held and substantial progress made toward settlement. Counsel are to continue to work on details of settlement documents. SCHEDULING ORDER: Status Conference set for 7/17/2007 03:00 PM in Telephonic before Judge Jane Magnus-Stinson.. Signed by Judge Jane Magnus-Stinson on 7/9/07. (SWM) Modified on 7/10/2007 (SWM). (Entered: 07/10/2007)
75 ENTRY for 7/17/07: Parties appear by counsel for telephone status conference. Settlement negotiations are at impasse. Dispositive motion deadline extended to 7/31/07. Signed by Judge Jane Magnus-Stinson on 7/17/07. (SWM) (Entered: 07/18/2007)
76 ENTRY for 9/13/07: Parties appear by counsel for telephone status conference. Conference held and case is set for a continued settlement conference. SCHEDULING ORDER: Settlement Conference set for 9/18/2007 01:00 PM in room #256 before Judge Jane Magnus-Stinson. Pltf Ahmed Conde is to appear in person at the conference. (SWM) (Entered: 09/13/2007)
77 ENTRY for 9/18/07: Parties appear in person and by counsel for continued settlement conference. Settlement is not finalized (See Entry for established deadlines). Signed by Judge Jane Magnus-Stinson on 9/18/07. (SWM) (Entered: 09/19/2007)
78 MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Exhibit A# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Creveling, Kelley) (Entered: 09/27/2007)
79 RESPONSE in Opposition re 78 MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs, filed by Intervenor Plaintiff AHMED CONDE. (Attachments: # 1 Affidavit)(Conteh, Swaray) (Entered: 10/10/2007)
80 Exhibit List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 10/15/2007)
81 Witness List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 10/15/2007)
82 Exhibit List, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 10/16/2007)
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83 Witness List, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 10/16/2007)
84 REPLY in Support of Motion re 78 MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 10/16/2007)
85 Exhibit List, filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 10/17/2007)
86 Witness List, filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 10/17/2007)
87 SCHEDULING ORDER:Hearing re defts' Motion to Enforce Settlement Agreement set for 11/6/2007 at 02:00 PM in room #216 before Judge Sarah Evans Barker. (LSC) (Entered: 10/22/2007)
88 Minute Entry for proceedings held before Judge Sarah Evans Barker : Evidentiary Hearing held on 11/6/2007 on defendants' Motion to Enforce Settlement Agreement. Opening Statements by parties. Evidence presented. The Court took the matter under advisement. Proceedings adjourned. (Court Reporter Laura Howie-Walters.) (MAC) (Entered: 11/07/2007)
89 ORDER granting in part and denying in part defendant's 78 Motion to Enforce Settlement. Defendant's request for attorney's fees and costs incurred in filing this motion is Denied (S.O.). Signed by Judge Sarah Evans Barker on 11/21/07. (MAC) (Entered: 11/21/2007)
90 ORDER TO SHOW CAUSE to parties to show cause why this case should not be dismissed. Show Cause Response due by 1/11/2008. Signed by Judge Sarah Evans Barker on 12/13/07.(MAC) (Entered: 12/13/2007)
91 Joint MOTION for Entry of Consent Decree, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Farnsworth, Jo Ann) (Entered: 12/19/2007)
92 ORDER granting 91 Motion for Entry of Consent Decree (S.O.). Signed by Judge Sarah Evans Barker on 12/20/07. (MAC) (Entered: 12/21/2007)
93 CLOSED DISMISSED - the parties have filed nothing in Response to the Court's Entry for 12/13/07; therefore, cause is DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Sarah Evans Barker on 1/15/08.(MAC) (Entered: 01/16/2008)

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