IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
CMC SERVICE OF CHICAGO, LLC d/b/a GREAT CLIPS FOR HAIR,
Defendant.
NATI..~...E,,.OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title 1 o r the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of national origin mad to provide appropriate relief to Marlen Trujillo and other employees of Hispanic national origin who were adversely affected by such practices. The Commission alleges that Defendant CMC Service o f Chicago, LLC d/b/a Great Clips for Hair ("CMC Service") discriminated against Marlen Trujillo and other Hispanic employees whose primary language is not English by requiring fllcm to speak only English at work and discriminated against Marlcn Tmjillo by terminating her for speaking Spanish.
JURISDICTIQN AND VENI_~ 1. Jurisdiction ofth~s 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(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a ("Title VII").

2. The employment practices alleged to be unlawful were and are now being committed witlain the jurisdiction of d~e United States District Court for Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Elnployment Opporttmity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, mad is expressly authori zed to bring thi s action by Section 706(1) and(3) of Title VII, 42 U.S.C. § 2000e-5(1)(1) and (3). 4. At all relevant times, Defendant CMC Service has continuously been a limited liability company doing business in the State of Illinois and the Cities of(including but not limited to) Wooddale and Schaumburg ,and has continuously had at least 15 employees.
At all relevant times, Defendant CMC Service has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C..~§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Marlen Trujillo filed a charge with the Commission alleging violations of Title VII by Defendant CMC SerAvilcl e. conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 2001, Defendant CMC Service has engaged in unlawful employment practices at its facilities, in violation of Secli~m 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These unlawful employment practices include, but are not limited to the following: (a) requiring Marlen Trujillo and a class ofilispanic employees whose primary language is not English to speak only English at work, and

(b) tenninating Marlen Trujillo’s employment because she spoke Spanish at work. 8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Marlen Trujillo and a class of Hispanic employees whose primary language is not Englisll of equal employment opportunities and otherwise adversely affect their status as employees, because of their national origin. 9. The unlawful employment practices complained of in paragraph 7 above were and are intention’,fl. 10. The unlawlhl employment practices complained of in paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights o fMarlen Trujillo and the class of similarly situated Hispanic employees whose primary language is not English.
PRAYER FOR RELIEF Wherelbre, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant CMC Service, its ofticers, successors, assigns, and all persons in active concert or participation wilh it, from engaging in employment practices which discriminate on the basis of national origin. B. Order Defendant CMC Service to institute and carry out policies, practices, and programs which provide equal employment opportunities for Hispaa~ics, and which eradicate the effects of its past and present unlawful employment practices. C. Order De fendm~t CMC Service to make whole Marlen Trujillo and a class o fHispanic employees adversely affected by the employlnent practices alleged above, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects o1" its unlawful employment practices. D. Order Defendant CMC Service to make whole Marlen Trujillo and a class of Hispanic employees by providing compensation for past and future pecuniary losses resulting from the

unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial. E. Order Defendant CMC Service to make whole Marlcn Trujillo and a class o fHispanic
employees by providing compensation for past and future nonpecuniary losses resulting fi-om the unlawful practices complained of" in paragraph 7 above, including emotional pain, sul’i~ring, inconvenience, loss of enjoyment of li I~, and humiliation, in mnounts to be determined at trial.
F. Order Defendant CMC Service to pay Marlen Trujitlo and a class o1" Hispanic employees punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted., Erie Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT ~PPORTUNITY /’
Supervisory Trial Attorney
A~"m Henry .............. "~ Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8558

the Matter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

Equal Employment Opportunily Commission
v
CMC Service of Chicago, LLC d/-b/a Great Clips for Hair

C~s¢ Number:

APPEARANC ES AI{ F; HEREBY FILED BY TH E UN DERSIGNED AS a]’O~~ FOP~ 7 6 9 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

(A)

Arm He:try ~"~ Equal Employment Opportunity Commission

Equal Employment Opportunity Commission

500 W. Madison, Suite 2800 Chicago, IL 60661

~:"~" *°°~’ ann.henry@ceoc.gov

ARDC No, 06272394
MFMSEg OF TRIAL BAR?

h’E’3 []

500 W. Madison, Suite 2800

( :I’I’yNTATI~,ZIp
Chicago, IL 60661

TEl .F:I, Hr)N .F, NL1MBER

~AX NtJMBEII

312-353-7582

312-353-8555

~:~,,,L~O~ noclle.brennan@ecoc.gov

IDENTIFICATION NUMUkK (,~1-:1~. ITEM 4 ~N REVERS-n)
ARDC No~ 06228901

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C. l~endri~kson

~E~;IGN,~TED AS Local C~2.UNB/~L.’!

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Employment Opportunity Commission
~500 W. Madison, Suite 2800

Chicago, IL 60661

TEl ,EPHONE NUMBER
312-353-8551

312-353-8’~55

TgI.EPI IONB N t.~lB.’.’R

j olm,hen&ickson@eeoc.gov
mDENTIFICATION’NUMBE~ ($gg I l E’,M 4 DN RF~FRSF)
ARDC No, 01187589

MEMDI~K O.P TP,.IAI. B&l¢’~

T~ A L ¢~, l"l’OI{ N 1/y’/

DESIGNA’I’Cu AS LD(.~, CO N.NR ’?

L~I~’¢i(INA’I’F r, ~.R ].OCAL COUNS£L?

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YES

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NO [] NI}

Civil Cover Sheet

Page 1 of 2

UNITED STATES DI~’WRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet
This automated JS-44 conibnns generally to the rnanual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required tbr the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~mly in the No~ihern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

County of Residence:

County of Resk

Plaintiffs Atty: Ann Henry Equal Employment Opportunity Commission
500 W. Madison, Suite 2800 Chicago, IL 60661
312-353-8558

t~ct~

,i~
Manzoor Pervez 5430 Arlington Dr. East Hmmver Park, II, 60103

!.l,...Basis of Juri~.dic.~jo~.~_:

1. U.S. Gov’t Plaintiff

.!.I.!,_.~i__ti_z.e.n_ ship of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

IV. Origin"

1. Original Proceeding

V. Nature ~£.$_u_j_t:

442 Employment

..V.!,_C..’.OUse of Aetio!t:.

Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct the unlawful employment practices on

the basis of national origin.

VII. R_e.~t!a_e_st_e_..d.. in Complain_t

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case I_S....NOT a refiling of a previously dismisscd case.

Signature: .... Date:
http://www.ilnd.uscourts.gov/PUBLIC/Fonns/auto..js44.cfi’n

9/25/03 / "-’-~

 
 -

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CMC SERVICE OF CmCAGO, LLC d/b/a )

GREAT CLIPS FOR HAIR,

)

)

Defendant.

)

)

CIVIL ACTION NO. 03 C 6769 Magistrate Judge Nolan

CONSENT DECREE

THE LmGATION

I. PlaintiffEqual Employment Opportunity Commission (the "EEOC") filed this

action alleging that Defendant CMC Service of Chicago, LLC d/b/a Great Clips for Hair ("CMC
Service") violated Section 703(a) of Title vn ofthe Civil Rights Act of 1964, as amended ("Title

VIr), 42 U.S.C. § 2000e-2(a), by discriminating against a class of employees on the basis of

national origin by requiring employees whose primary language is not English to speak only

English at work and by discharging Charging Party Marlen Trujillo because she spoke Spanish at

work.

2. In the interest of resolving this matter, and as a result of having engaged in

comprehensive settlement negotiations, the parties have agreed that this action should be finally

resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally

resolves any and all issues and claims arising out ofthe Complaint filed by the EEOC. Nothing

1

in this Consent Decree shall be deemed to constitute an admission by either party with respect to 'i '\ the claims or defenses of the other.
FINDINGS 3. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations ofthe parties, the Court frods the following;
a. This Court has jurisdiction of the subject matter of this action and ofthe parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights ofEEOC, CMC Service, the Charging Party, class members and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil ProcedlU'e and Title VII and is not in derogation of the rights or privileges ofany person. The entry of this Decree will further the objectives ofTitie VII and will be in the best interests of the parties, the claimants, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTION AGAINST NATIONAL ORIGIN DISCRIMINATION
4. CMC Service and its officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them are hereby enjoined from discriminating against employees on the basis of their national origin, including, but not limited to, by preventing employees from speaking languages other than English during lunch and breaks and during work hours without a business necessity.
2

NON-RETALIATION

!
5. CMC Service, i~ o(ficers, agents, employees, successors, assigns and ail persons

,
acting in concert with it shall not ~ngage in any form of retaliation against any person because
I,. I,
',' ,i
such person has opposed any practice made unlawful under Title VII, filed a Charge of

"

i

, ' ,I

Discrimination under Title VII, (estified or participated in any manner in any investigation,

VII, proceeding, or hearing under Title or asserted any rights under this Decree.

, MONETARY RELIEF

6.

CMC Service sh" i,,"" ~~"" ,!!i',f11~r,'i an aggregate of $75,000.00 to the Charging Party and the

Class Members to be diStributer,",'•m:,'.i,"', !;!" fg them as follows:
Hanan Adawi ;,1, $7,500 ,:';:j :
~ , ,'I, ,!
Natividad Drain '; I $7,500
YasminRabadi i 1$11,250

Martha Garcia

$7,500

Vivita Lejina

$7,500

Nidia Rosales

$7,500

SaIud Welsh

$11,250

Marlen Trujillo " :$15,000
j'l
7. Within five (5) business days after entry of this Decree, the EEOC will mail to the
~• I i, I , ,
Charging Party and Class Members Ii copy of the Release Agreement attached as Exhibit A.

Within five (5) business days ~er repeipt by the EEOC of a signed Release Agreement, the
,
:. I
EEOC shall mail the Release AgreeJil.ent to CMC Service. Within five (5) business days after

"

1

-': i

receipt by Defendant of a signed Release Agreement, CMC Service sha\I issue and mail by

3

certified mail to the Charging Party or Class Member who signed the Agreement a check for one-
: ;~ \i
'., !II" half of her sehlement amount as set forth in Paragraph 6 above. Within 90 days after entry ofthe
Consent Decree, CMC Service shall issue and mail by certified mail checks to the Charging Party and the Class Members for the remaining one-halfof their settlement amounts as set forth in
Paragraph 6 above. The EEOC shall provide Defendant with current addresses for the Charging
Party and Class Members. POSTING OF NOTICE
8. Within ten (10) business days after entry of this Decree, CMC Service shall post in each of its salons copies ofthe Notice attached as Exhibit B to this Decree in locations where notices to employees and applicants for employment at its salons are normally posted. The Notice shall remain posted for two (2) years from the date of entry of this Decree. CMC Service shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. CMC Service shall certifY to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. CMC Service shall permit a representative of the EEOC to enter any of CMC Service's salons for purposes of verifYing compliance with this Paragraph at any time during nonnal business hours without prior notice.
RECORD KEEPING 9. For each of Defendant's salons, for a period of two (2) years following entry of this Decree, CMC Service shall maintain and make available for inspection and copying by the EEOC records (including names, social security nwnbers, addresses, telephone nwnbers and national origin, if known) ofeach employee who complains of national origin discrimination, including language discrimination. With respect to complaints of national origin discrimination,
4

(
J
such report shall indicate the date the complaint was made, who made it, what was alleged, and what actions the Defendant took to resolve the matter.
10. CMC Service shall make all documents or records referred to in Paragraph 9, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, CMC Service shall make available all persons within its employ whom the EEOC requests for purposes of verifying compliance with this Consent Decree and shall permit a representative of the EEOC to enter their respective premises for such purposes on five (5) business days' advance notice by the EEOC.
REPORTING II. CMC Service shall furnish to the EEOC the following written reports semiannually for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty-three (23) months after entry of the Decree. Each such report shall contain:
a. A summary of the information recorded by CMC Service pursuant to Paragraph 9, above;
b. A certification by CMC Service that the Notice required to be posted in Paragraph 8, above, remained posted during the entire six (6) month period preceding the report.
ADOPTION AND DISTRIBUTION OF POLICY AGAINST NATIONAL ORIGIN DISCRIMINATION 12. CMC Service shall adopt a policy against national origin discrimination within thirty (30) calendar days after the entry of this Consent Decree. Within thirty (30) calendar days after the entry ofthjs Consent Decree CMC Service shal1 distribute a copy ofsaid Policy to each
5

-. employee of CMC Service. (a) The policy shall specifically prohibit all discriminatory conduct on the basis of national origin by CMC Service employees and discriminatory termination ofemployees based on national origin. The parties understand and the policy shall state that discrimination on the basis of national origin includes language discrimination. (b) It shall not require employees to complain of discrimination and/or harassment to a person against whom they allege discrimination and/or harassment. (c) It shall inform employees that complaints will be investigated thoroughly and promptly and shall provide that employees who violate the policy are subject to discipline up to and including discharge. CMC Service shall forward a copy of the Policy to the EEOC within thirty (30) calendar days after entry of this Decree. The inclusion of Paragraph 12 in the Decree does not mean that EEOC or the Court approves ofCMC Service's anti-discrimination policy. 13. A copy of the Policy shall be given to each new employee within five days after an employee starts work and shal1 also be posted in each of Defendant's salons in locations customarily used for posting notices from management to employees. TRAINING 14 During each of the two (2) years covered by this Decree, all CMC Service salon managers and assistant managers shall participate in an annual training session by a trainer paid for by CMC Service and approved by the EEOC regarding national origin discrimination, including enforcement ofEnglish-only policies, and regarding the Policy implemented pursuant to Paragraph 12 above. The first training shall take place within ninety (90) calendar days of
6

entry of this Decree. 15. EEOC approves attorney John Sheahin to conduct the training sessions. In the
event John Sheahin is unavailable to conduct the trainings, CMC Service shall submit the name, address, telephone number, and resume of the proposed trainer to the EEOC at least fifteen (IS) calendar days prior to the proposed date(s) of the training. The EEOC shall have five (S) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event the EEOC does not approve CMC Service's designated trainer, CMC Service shall have five (S) calendar days to identify an alternate trainer. The EEOC shall have five (S) calendar days from the date of receipt of the information described above to accept or reject the alternate trainer. If the parties cannot through this process agree on a trainer, then they may seek the Court's assistance under' 18, below.
16. CMC Service shall certify to the EEOC in writing within five (S) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration ofthe training; and (ii) a copy of the registry ofattendance, which shall include the name and position ofeach person in attendance.
17. Upon the EEOC's request, CMC Service agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written material(s) provided to the participants of the training session(s).
DISPUTE RESOLUTION 18. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party
7

of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy'the complaining party that the alleged noncomplying party has complied. Ifthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (l0) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 19. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two-year period, any disputes under Paragraph 18, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 20. Each party to this Decree shall bear its own expenses and costs. •21. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of CMC Service in their capacities as representatives, agents, directors and officers of CMC Service, and not in their individual capacities. 22. When this Decree requires the submission by CMC Service ofreports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Ann M. Henry, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illiriois,60661. When this Decree requires submission by the EEOC of materials to CMC
iii
, , ,I I
8

Service, they shall be mailed to: John Sheahin,529 W. Roosevelt Road, Wheaton, IL 60187.

ENTER:
For the Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507
Eric S. Dreiband General Counsel
Jerome Scanlon Assistant General Counsel
Equal Employment Opportunity Commission
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (31 511l..::-~'7

For CMC Service ofChicago, LLC d/b/a Great Clips for H a i r j 2

~.J.
~ Manzoor Pervez
President

___
0?:?

ENTER:
U.S. Magistrate Judge Nan R. Nolan
0'-+ Date: 11- l'3 -

Diane I. Smason Supervisory Trial Attorney
~ W-.~)fJ.JJ
AnnM.Henry Trial Attorney
9

• -.
EXHIBIT A
RELEASE AGREEMENT 1,,_ _ _ _ _ _-', for and in consideration of the sum of $ _ _ _ payable to me
pursuant to the terms of the Consent Decree entered by the Court in EEOC v. CMC Service of Chicago. d/b/a Great Clips for Hair, No. 03 C 6769 (N.D. Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge CMC Service of Chicago, d/b/a Great Clips for Hair ("CMC Service"), and all past and present shareholders, officers, agents, employees, and representatives of CMC Service, as well as all successors and assignees of CMC Service, from any and all claims and causes ofaction of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e l:t ~., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. CMC Service of Chicago. d/b/a Great Clips for Hair, No. 03 C 6769 (N.D. Ill.).
Date
10
I

•
•

EXHlBITB NOTICE TO ALL CMC SERVICE EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. CMC Service of Chicago. d/b/a Great Clips for Hair. No. 03 C 6769 (N.D. TIl.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against CMC Service of Chicago, d/b/a Great Clips for Hair ("CMC Service'').
In its suit, the EEOC alleged that CMC Service discriminated against a class ofemployees on the basis of national origin by requiring employees whose primary language is not English to speak only English at work, in violation ofTitle VD of the Civil Rights Act of 1964 ("Title VD").
To resolve the case, CMC Service and the EEOC have entered into a Consent Decree which provides, among other things, that:

1) CMC Service will make a monetary payment to the individual who filed the charge of discrimination and each class member for damages claimed;

2) CMC Service will not maintain an English-only policy during lunch or breaks, nor during work hours without a business necessity, or otherwise discriminate against any employee on the basis of national origin;

3) CMC Service will not retaliate against any person because (s)he opposed any practice made unlawful by Title VD, filed a Title VD charge ofdiscrimination, participated in any Title VD proceeding, or asserted any rights under the Consent Decree;

4) CMC Service will adopt and distribute to all employees a policy against national origin discrimination and will train all its managers and assistant managers regarding national origin discrimination and its policy.

The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against or have questions concerning your rights under Title VII, you may contact the EEOC at the phone number and address below. The EEOC charges no fees and has employees who speak languages other than English.

TillS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: EEOC, 500 West Madison Street. Suite 2800, Chicago, IL 60661; (312) 353-2713.

Il- d-.3-0 LJ.
Date

~~~
Magistrate Judge Nan R Nolan

11

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?271318639740421-L_35...
NOLAN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-06769

EEOC v. CMC Svc of Chgo LLC Assigned to: Hon. Nan R. Nolan Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/25/2003 Date Terminated: 11/23/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Ann M Henry Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-8558 Email: ann.henry@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED

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

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530

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V. Defendant CMC Service of Chicago, LLC

Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED
represented by James P. Nagle Nagle & Nagle 529 West Roosevelt Road Wheaton, IL 60187 (630) 681-9700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M. Sheahin Attorney at Law 529 West Roosevelt Road Wheaton, IL 60187 (630) 653-0078 Email: jsheahin@comcast.net ATTORNEY TO BE NOTICED

Date Filed 09/25/2003 09/25/2003 10/17/2003 11/24/2003 11/24/2003 12/02/2003
12/03/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Ann M Henry as attorney(s) for plaintiff ( no summons(es) ( Documents: 1-1 through 1-3) (air) (Entered: 09/26/2003)
RECEIPT regarding payment of filing fee paid; on 9/25/03 in the amount of $150.00, receipt #1086052. (air) (Entered: 09/26/2003)
2 WAIVER of service of summons as to defendant sent on 9/25/03. (air) (Entered: 10/20/2003)
3 ATTORNEY APPEARANCE for defendant by James P. Nagle, John M. Sheahin. (air) (Entered: 11/25/2003)
4 ANSWER by defendant to plaintiff's complaint [1-1]; Notice. (air) (Entered: 11/25/2003)
SCHEDULE set on 12/2/03 by Hon. James F. Holderman : Status hearing set to 9:00 am on 1/13/04. The parties are directed to conduct an FRCP 26(f) conference and file a form 35 by 12/30/03. Mailed notice (jms) (Entered: 12/02/2003)
5 WITHDRAWAL of appearance by plaintiff's counsel Noelle C. Brennan; Notice. (air) Modified on 12/04/2003 (Entered: 12/04/2003)

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12/30/2003 01/13/2004
01/14/2004
01/14/2004 01/22/2004 03/18/2004 03/19/2004 03/22/2004

6 REPORT of parties' planning meeting. (air) (Entered: 12/31/2003)
SCHEDULE set on 1/13/04 by Hon. James F. Holderman : Status hearing held. Court adopts the parties' discovery schedule. Plaintiff is given to 3/31/04 and defendant is given to 4/30/04 to amend all pleadings and join any additional parties unless prejudice may result. All fact discovery shall be completed by 7/15/04. Plaintiff shall comply with FRCP 26(a)(2) 8/13/04. Defendant shall comply with FRCP 26(a)(2) by 9/15/04. All expert discovery shall be completed by 10/1/04. All dispositive motions with supporting memoranda are to be filed by 10/15/04. Response is to b filed by 11/5/04. Reply is due 11/19/04. Court will rule by mail. The parties shall submit the joint final pretrial order with all motions in limine and supporting memoranda as outlined in open court by 2/4/05. Responses are due 2/11/05. Pretrial conference set to 4:00 pm on 2/24/05. Trial set to 9:00 am on 3/7/05. No notice, advised in open court (jms) (Entered: 01/13/2004)
7 MINUTE ORDER of 1/14/04 by Hon. Nan R. Nolan: Initial status set for 9:00 a.m. on 1/22/04 before Magistrate Judge Nolan in courtroom 1858. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. For further details see attached standing order. Notices mailed by judge's staff (air) (Entered: 01/15/2004)
8 REFERRAL ORDER of 1/14/04 The case is referred to the Hon. Nan R. Nolan from the Hon. James F. Holderman pursuant to Local Rule 72.1 regarding all discovery motions, discovery supervision, settlement conference. Any motions to extend the set discovery and trial schedule are to be noticed for hearing before Judge Holderman. (For further detail see order.) Mailed notice (air) (Entered: 01/15/2004)
SCHEDULE set on 1/22/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 3/23/04 . Mailed notice (hmb) (Entered: 01/22/2004)
9 MOTION by defendant for protective order (Attachment); Notice. (air) (Entered: 03/22/2004)
10 MINUTE ORDER of 3/19/04 by Hon. Nan R. Nolan: Defendant's motion for protective order is denied [9-1] for the reasons stated on the reverse of this minute order. Status hearing set for 3/23/04 at 9:00 a.m. stands. Notice mailed by judge's staff (air) (Entered: 03/22/2004)
11 MINUTE ORDER of 3/22/04 by Hon. Nan R. Nolan: This matter is before the court on the parties' agreed protective order. The agreed protective order seeks to limit from public disclosure "the social security number, home address, and home telephone number of any job applicant, employee, or former employee of defendant CMC Service of Chicago, LLC; financial or tax information of defendant; and medical, psychological, financial or tax information of any job applicant, employee, or former employee of defendant." The court finds that good cause exists to enter a protective order with respect to the public disclosure of the social security number, unlisted home address and telephone number, medical, psychological, financial or tax information of any job applicant, employee, or former employee of defendant as well as financial or tax information of

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03/23/2004 03/30/2004 03/30/2004 04/08/2004 05/13/2004 06/09/2004 06/22/2004 06/24/2004
07/26/2004 07/29/2004 07/29/2004 08/04/2004 08/17/2004 08/18/2004 08/19/2004

defendant that has not been disclosed publicly. The agreed protective order shall be revised accordingly. Notice mailed by judge's staff (air) (Entered: 03/23/2004)
SCHEDULE set on 3/23/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 6/17/04 . Mailed notice (hmb) (Entered: 03/23/2004)
12 ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason. (air) (Entered: 03/31/2004)
13 MOTION by plaintiff for leave to file first amended complaint and to file first amended complaint instanter (Attachment); Notice. (air) (Entered: 04/09/2004)
14 MINUTE ORDER of 4/8/04 by Hon. James F. Holderman: Plaintiff's motion for leave to file an amended complaint instanter is granted [13-1]. Mailed notice (air) (Entered: 04/09/2004)
SCHEDULE set on 5/13/04 by Hon. Nan R. Nolan : Status hearing re-set to 9:00 a.m. on 6/9/04. Status hearing of 6/17/04 is stricken at the parties request. Mailed notice (hmb) (Entered: 05/13/2004)
SCHEDULE set on 6/9/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 8/4/04 . No notice (tlp) (Entered: 06/09/2004)
15 JOINT MOTION by parties to extend the discovery cut-off date to 8/31/04 ; Notice. (air) (Entered: 06/25/2004)
16 MINUTE ORDER of 6/24/04 by Hon. James F. Holderman: The joint motion to extend the discovery cut-off date is granted [15-1]. All fact discovery shall be completed by 8/31/04. The parties are advised that all other previously set dates shall stand and will not be extended. Telephoned notice (air) (Entered: 06/25/2004)
17 MOTION by defendant for leave to re-file its original answer (Attachment); Notice. (air) (Entered: 07/30/2004)
18 MINUTE ORDER of 7/29/04 by Hon. James F. Holderman: Defendant's motion for leave to re-file its original answer is granted [17-1]. Telephoned notice (air) (Entered: 07/30/2004)
19 ANSWER by defendant to plaintiff's first amended complaint [1-1]; Notice. (air) (Entered: 07/30/2004)
SCHEDULE set on 8/4/04 by Hon. Nan R. Nolan: Status hearing held and continued to 9/29/04 at 9:00 a.m. Mailed notice by judge's staff. (srb) (Entered: 08/15/2004)
21 MOTION by defendant to compel plaintiff to respond to defendant's request for production of documents (Attachment); Notice. (air) (Entered: 08/20/2004)
20 RESPONSE by plaintiff to defendant's motion to compel plaintiff to respond to defendant's request for production of documents. (air) (Entered: 08/19/2004)
22 MINUTE ORDER of 8/19/04 by Hon. Nan R. Nolan: Defendant's motion to compel [21-1] is entered. Plaintiff to respond by 8/20/04. Ruling on the motion set for August 24, 2004 at 9:30 a.m. Mailed notice (air) (Entered: 08/20/2004)

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08/24/2004
08/31/2004 09/13/2004 09/17/2004 09/17/2004 09/20/2004 09/21/2004 11/16/2004 11/23/2004

23 MINUTE ORDER of 8/24/04 by Hon. Nan R. Nolan: Hearing on defendant's motion to compel held. Defendant's motion to compel plaintiff to respond to request for production of documents is granted in part and denied in part [21-1] as stated in court. The parties to submit in camera documents to chambers, room 1870, on or before 5:00 p.m. on 8/31/04. Settlement conference set on 1:30 p.m. 9/13/04. All parties to be present. The paties are reminded that Magistrate Judge Nolan requires compliance with her standing order setting settlement conferences, which is available on the court's website at www.ilnd.uscourts.gov. Mailed notice (air) (Entered: 08/27/2004)
24 MINUTE ORDER of 8/31/04 by Hon. Nan R. Nolan: Pursuant to this court's order dated 8/24/04, the court has reviewed the plaintiff and husbands' 2002 joint tax return in camera and confirmed that there is no income reported for plaintiff for 2002. Mailed notice (air) (Entered: 09/02/2004)
SCHEDULE set on 9/13/04 by Hon. Nan R. Nolan : Settlement conference held. Parties are to call chambers on 9/14/04 at 4:30 to report if settlement is accepted. no notice (hmb) (Entered: 09/14/2004)
25 CONSENT by plaintiff to exercise of jurisdiction by a United States Magistrate Judge. (air) (Entered: 09/22/2004)
26 CONSENT by defendant to exercise of jurisdiction by a United States Magistrate Judge. (air) (Entered: 09/22/2004)
SCHEDULE set on 9/20/04 by Hon. Nan R. Nolan : Status hearing re-set for 11/17/04 at 9:00 a.m. Status hearing set for 9/29/04 at 9:00 a.m. is stricken. If agreed order of dismissal is filed prior to the status, appearance will not be necessary. Mailed notice (hmb) (Entered: 09/20/2004)
27 REASSIGNMENT ORDER of 9/21/04 This case is reassigned to the Hon. Nan R. Nolan from the Hon. James F. Holderman pursuant to Local Rule 73.1. (For further detail see order.) Mailed notice (air) (Entered: 09/22/2004)
SCHEDULE set on 11/16/04 by Hon. Nan R. Nolan : Status hearing reset to 9:00 11/24/04. Mailed notice (hmb) (Entered: 11/16/2004)
28 MINUTE ORDER of 11/23/04 by Hon. Nan R. Nolan: The parties have agreed that this action should be resolved by entry of a consent decree. Status hearing set for 11/24/04 is stricken. This case is hereby dismissed. Each party to this decree shall bear its own expenses and costs terminating case . (Entered Consent Decree.) Notice mailed by judge's staff (air) Modified on 11/24/2004 (Entered: 11/24/2004)

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