Case 2:05-cv-02611-JPM-tmp Document 13-1 Filed 03/23/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

)

REBEKAH WOMACK PETROWSKI and the )

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiffs,

)

)

~

)

)

HILL BOREN P. C.

)

)

Defendant.

)

Case No. 2:05-cv-02611 Jury Demanded

INTERVENOR'S COMPLAINT

Comes now Plaintiff, Rebekah Womack Petrowski, by and through the undersigned counsel, and submits the following complaint pursuant to her Order Granting Motion to Intervene, signed by the Honorable Jon Phipps McCalla, United States District Court Judge, on February 15, 2006 (see attached Exhibit A). Plaintiff hereby submits this Complaint and intervenes in the case of Equal Employment Opportunity Commission v. Hill Boren P.C., Case No. 2:05-cv-02611-JPM-tmp, and states unto the Court as follows:
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C.§ 2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S. C. §1981a, to correct unlawful employment practices based upon sex and to provide appropriate relief to Plaintiff Petrowski who was adversely affected by such practices. Plaintiff Petrowski alleges that Defendant Hill Boren P.C. subjected her to a hostile work environment and
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forced her to resign, all in violation of Title VII. JURISDICTION
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 88451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to 8 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 8 2000e, et seq. ("Title VII") and § 102 of the Civil Rights Act of 1991 , 42 U.S.C. § 1981 a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Western District of Tennessee, Western Division.
PARTIES 3. Plaintiff Rebekah Womack Petrowski (Plaintiff Petrowski) is a female, and was a resident of Shelby County, Tennessee, at all times relevant to the events complained of herein. 4. Plaintiff, Equal Employment Opportunity Commission (the "Commission") is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by 8706(f)(1) and (3) of Title VII , 42 U.S.C. 82000e-5(f). 5. At all relevant times, Defendant Hill Boren was doing business in the State of Tennessee and has continuously had at least fifteen (15) employees. 6. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of 8701 (b), (g), and (h) of Title VII, 42 U.S.C. 82000e(b), (g), and (h). 7. At all times complained of herein, Plaintiff Petrowski was an employee, as
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contemplated by the laws cited in paragraph 1 of this Complaint, of the Defendant. STATEMENT OF CLAIMS
8. More than thirty (30) days prior to the institution of the Commission's lawsuit, Plaintiff Petrowski filed a charge of discrimination with the Commission alleging that Defendant engaged in employment practices at its Memphis, Tennessee office in violation of Title VII , as amended, 42 U.S. C. §2000e-2(a). All conditions precedent to the institution of this lawsuit have been fulfilled.
9. During the period of August 2002, and continuing until February 2003, Defendant engaged in unlawful employment practices at Defendant's law office in Memphis, Tennessee. The unlawful employment practices included, but were not limited to, subjecting Plaintiff Petrowski to ongoing sexual harassment because of her sex, female, and constructively discharging her.
10. Plaintiff Petrowski was hired through a temporary agency for Defendant in July 2002. In December 2002, Defendant hired Plaintiff Petrowski as a full-time employee.
11. Plaintiff Petrowski worked in that capacity until February 2003, when she was forced to quit due to alleged sexual harassment by Robert Hill, a senior partner and attorney at Defendant's law firm.
12. Defendant's employee, attorney Robert Hill, repeatedly asked Plaintiff Petrowski out to dinner, touched her inappropriately, and constantly made comments of a sexual nature to her.
13. Defendant did not have an effective sexual harassment complaint procedure in place.
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14. The practices complained of above were and are in violation of§§ 703(a) of Title VII, as amended, 42 U.S.C. §§ 2000e-2(a).
15. The effect of the practices complained of above has been to deprive Plaintiff Petrowski of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
16. As a result of the Defendant's aforesaid unlawful acts, Plaintiff Petrowski has suffered and will continue to suffer not only a significant loss of pay and benefits, but also emotional pain and suffering, inconvenience, loss of enjoyment of life, injury to professional and credit standing, and humiliation and embarrassment due to her being unlawfully discriminated against because of her sex and constructively discharged.
17. Plaintiff avers that she is entitled to recover all lost pay and benefits, plus interest, as well as compensatory damages from the Defendant in an amount to be determined at the trial of this matter for emotional pain and suffering, inconvenience, loss of enjoyment of life, injury to professional standing, and humiliation and embarrassment due to her being unlawfully discriminated against because of her sex and constructively discharged.
18. The unlawful employment practices complained of above are and were intentional.
19. Defendant Hill Boren at all relevant times has been acting with malice or reckless indifference to the federally protected rights of Plaintiff Petrowski because of her sex.
PRAYER FOR RELIEF WHEREFORE, Plaintiff Petrowski respectfully prays that this Court:
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A. Grant a permanent injunction enjoining the Defendant Employer, its

officers, successors, assigns and all persons in active concert or participation with it,

from engaging in any employment practice which discriminates because of sex.

B. Order Defendant Employer to institute and carry out policies, practices

and programs which provide equal employment opportunities for females which

eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Plaintiff Petrowski by compensating her for all lost pay and benefits, including prejudgment interest,

in amounts to be determined at trial, due to her constructive discharge.

D. Order the Defendant to make whole Plaintiff Petrowski by awarding her

compensatory damages or other nonpecuniary losses in amounts to be proven at trial for her emotional pain and suffering, inconvenience, loss of enjoyment of life, injury to

professional standing, and humiliation and embarrassment due to Defendant's unlawful

employment practices.

E. That the Court award Plaintiff Petrowski punitive damages for Defendant's

intentional, malicious and/or reckless conduct in whatever amount the jury may deem

reasonable and necessary to punish the Defendant for its unlawful conduct and to deter it and other companies from engaging in similar conduct in the future.

F. fees.

That the Court awards Plaintiff Petrowski all of her costs and attorney

G. Grant such further relief as the Court deems necessary and proper.

JURY TRIAL DEMAND Plaintiff Petrowski requests a jury trial on all questions of fact raised by the
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Complaint.

Respectfully Submitted,
NORWOOD, HOWARD & ATCHLEY
By: s/ Dan M. Norwood Dan M. Norwood (#005926)
By: s/ David B. Stevenson David B. Stevenson (#024732)
Attorneys·for Plaintiff 1407 Union Avenue, Suite 807 Memphis, Tennessee 38104 Telephone- 901-276-7676 Facsimile - 901-276-7212 davidstevenson@nhalaw.com

CERTIFICATE OF SERVICE
I hereby certify that on the 23rd day of March 2006 I served a copy of the foregoing Motion to Intervene via Electronic Case Filing (ECF) System upon the following :
Eric S. Drieband EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Ave., Ste 621 Memphis, TN 38104 901-544-0088 LEAD ATTORNEY representing the Equal Employment Opportunity Commission (Plaintiff)
Kristy L. Gunn LEWIS FISHER HENDERSON CLAXTON & MULROY 6410 Poplar Ave., Ste. 300 Memphis, TN 38119 kristyg@lfhc.com LEAD ATTORNEY TO BE NOTICED representing Hill Boren, P.C. (Defendant)
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Thomas L. Henderson
LEWIS FISHER HENDERSON & CLAXTON, LLP 6410 Poplar Ave. Ste. 300 Memphis, TN 38119 thomash@lfhc.com ATTORNEY TO BE NOTICED representing Hill Boren, P.C. (Defendant)
Melissa Kimberly Hodges LEWIS FISHER HENDERSON & CLAXTON, LLP 6410 Poplar Ave. Ste. 300 Memphis, TN 38119 kimh@lfhc.com ATTORNEY TO BE NOTICED representing Hill Boren, P.C. (Defendant)
Katharine W. Kores EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Ste. 621 Memphis, TN 38104 katherine.kores@eeoc. gov ATTORNEY TO BE NOTICED representing the Equal Employment Opportunity Commission (Plaintiff)
James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 LEAD ATTORNEY representing the Equal Employment Opportunity Commission (Plaintiff)
Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 LEAD ATTORNEY representing the Equal Employment Opportunity Commission (Plaintiff)
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Deidre Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 deidre.smith@eeoc.gov ATTORNEY TO BE NOTICED representing the Equal Employment Opportunity Commission (Plaintiff) Faye A. Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Ste. 621 Memphis, TN 38104 faye.williams@eeoc.gov ATTORNEY TO BE NOTICED representing the Equal Employment Opportunity Commission (Plaintiff)
s/ David B. Stevenson
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 Case 2:05-cv-02611-JPM-tmp Document 34 Filed 08/28/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION and )

REBEKAH WOMACK PETROWSKI

)

)

Plaintiffs,

)

)

v.

) Civil No. 05-2611 Ml/P

)

HILL BOREN P.C.,

)

)

Defendant.

)

_________________________________________________________________

ORDER DENYING AS MOOT DEFENDANT’S MOTION TO COMPEL

Before the court is defendant Hill Boren, P.C.’s Motion to Compel Plaintiff’s Initial Disclosures and Answers to Interrogatories and Production of Documents, filed August 10, 2006 (D.E. 28). In its motion, defendant contends that plaintiff Rebekah Petrowski has not provided defendant with her initial disclosures and has not responded to outstanding discovery requests, in violation of the scheduling order and the federal rules. Defendant also asks for attorney fees.
On August 23, 2006, plaintiff Petrowski filed a response in opposition to the motion, stating that on August 16, 2006, she provided defendant with her initial disclosures, documents in response to defendant’s request for production of documents, and unsigned draft of her answers to defendant’s first set of interrogatories. A final signed copy of Petrowski’s answers to interrogatories was submitted on August 21, 2006.

As it appears to the court that plaintiff has now provided

Case 2:05-cv-02611-JPM-tmp Document 34 Filed 08/28/2006 Page 2 of 2
defendant with initial disclosures and answers to defendant’s document requests and interrogatories, the motion to compel is DENIED as moot. Defendant’s request for attorney fees is DENIED. However, if Petrowski does not timely respond to discovery requests in the future, defendant may renew its motion for attorney fees.
IT IS SO ORDERED. S/ Tu M. Pham TU M. PHAM United States magistrate Judge
August 28, 2006 Date

 
 Case 2:05-cv-02611-JPM-tmp Document 40 Filed 09/08/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
and REBEKAH WOMACK PETROWSKI
Plaintiff, v. HILL BOREN P. C.
Defendant.

)

)

)

)

)

)

)

)

CIVIL ACTION NO.

)

05-2611 Mi/P

)

)

AMENDEDCOMPLAINT

)

JURY TRIAL DEMANDED

)

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, to correct unlawful employment practices based upon sex and to provide appropriate relief to a former female employee who was adversely affected by such practices. The Commission alleges that Defendant Hill Boren P.C. subjected a former female employee to a hostile work environment and forced her to resign, all in violation of Title VII.
JURISDICTION 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. SsSs451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to Ss 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Ss 2000e, et seq. (“Title VII”) and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

Case 2:05-cv-02611-JPM-tmp Document 40 Filed 09/08/2006 Page 2 of 5
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Western District of Tennessee, Western Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”) is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Ss706(f)(1) and (3) of Title VII, 42 U.S.C. Ss2000e-5(f). 4. At all relevant times, Defendant, Hill Boren was doing business in the State of Tennessee, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Ss701(b), (g), and (h) of Title VII, 42 U.S.C. Ss2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, a former female employee filed a charge of discrimination with the Commission alleging that Defendant engaged in employment practices at its Memphis, Tennessee office in violation of Title VII, as amended, 42 U.S.C. §2000e-2(a). All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the period of August 2002, and continuing until February 2003, the Commission claims Defendant engaged in unlawful employment practices at Defendant’s law office in Memphis, Tennessee. The unlawful employment practices included, but were not limited to, subjecting a former female employee to ongoing sexual harassment because of her sex, female, and constructively discharging her.
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8. The former employee was hired through a temporary agency for Defendant in July 2002. In December 2002, Defendant hired the former employee as a full-time employee.
9. The former employee worked in that capacity until February 2003, when she claims she was forced to quit due to alleged sexual harassment by one of the attorneys at Defendant’s law firm.
10. The former employee claims that the alleged harassment consisted of repeatedly asking the former employee out to dinner, touching her inappropriately, and constantly making comments of a sexual nature to her.
11. Defendant did not have an effective sexual harassment complaint procedure in place.
12. The practices complained of above were and are in violation of §§ 703(a) of Title VII, as amended, 42 U.S.C. §§ 2000e-2(a).
13. The effect of the practices complained of above has been to deprive the former female employee of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
14. The unlawful employment practices complained of above are and were intentional.
15. Defendant Hill Boren at all relevant times has been acting with malice or reckless indifference to the federally protected rights of the former employee because of her sex.
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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for African Americans which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole the former employee by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make whole the former employee by providing compensation for pecuniary losses in amounts to be determined at trial. E. Order the Defendant to make whole the former employee by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial. F. Order Defendant to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial. G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the Complaint.
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Respectfully submitted, RONALD COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel s/ Faye A. Williams (by permission DS) FAYE A. WILLIAMS Regional Attorney TN Bar No. 011730 s/ Terry Beck (by permission DS) TERRY BECK Supervisory Trial Attorney TN Bar No. 9346 s/ Deidre Smith_____________ DEIDRE SMITH Senior Trial Attorney TN Bar No. 018499 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
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 Case 2:05-cv-02611-JPM-tmp Document 64 Filed 07/23/2007 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and REBECKAH WOMACK
Plaintiff,
v. HILL BOREN P. C.
Defendant.

)

)

)

)

)

CIVIL ACTION NO.

)

)

05-2611

)

)

Judge McCalla

)

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Magistrate Judge Pham

)

SETTLEMENT AGREEMENT AND ORDER
This lawsuit was filed on August 23, 2005, by the Equal Employment Opportunity Commission (the Commission) against Hill Boren P.C. under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII) and the Civil Rights Act of 1991. The Complaint in this lawsuit claims that Defendant subjected Rebekah Womack to a hostile work environment in violation of Title VII. Rebekah Womack filed an Intervenor's Complaint on March 23, 2006.
The Commission, Womack and Hill Boren have agreed to this Settlement Agreement and Order to settle all of the claims involved in this lawsuit.
The Court has reviewed the terms of this Settlement Agreement and Order in light of the applicable laws and regulations, and hereby approves this Settlement Agreement and Order. THEREFORE, it is hereby ORDERED:

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I. JURISDICTION The United States District Court for the Western District of Tennessee, Western Division, has jurisdiction over the parties and subject matter of this lawsuit, and will retain jurisdiction over this Settlement Agreement and Order for purposes of enforcement and dispute resolution.
II. DISCLAIMER Neither the negotiation of nor agreement to this Settlement Agreement and Order is an admission or acknowledgment by Hill Boren that any of its employees, officers, directors, or agents have violated Title VII. Hill Boren expressly denies liability in this action.
III. DURATION OF SETTLEMENT AGREEMENT AND ORDER This Settlement Agreement and Order will be binding on the parties to this lawsuit for two years after the date of its entry by the Court.
IV. GENERAL RELIEF A. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of discriminating against any employee on the basis of sex pursuant to Title VII of the Civil Rights Act of 1964, as amended. B. Defendant its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of retaliating against any employee or applicant for employment for participating in any proceeding under Title VII or for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
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V. INDIVIDUAL RELIEF In compromise and settlement of these disputed claims, Defendant agrees to pay a total of $15,000.00 in damages to Rebekah Womack, a former employee, to resolve this lawsuit. Within 21 days of the entry of this Decree, Defendant shall mail a cashier’s or business check on behalf of the former employee to her attorney. The Defendant shall also mail a copy of the check to:
Faye A. Williams, Regional Attorney Equal Employment Opportunity Commission
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104
VI. TRAINING Within sixty days after receiving a copy of this Settlement Agreement and Order entered by the Court, Hill Boren will provide sexual harassment awareness training for its management officials and employees at its Memphis, Tennessee location. The training will include at least two (2) hours of instruction. The training will also include the following topics: what constitutes sexual harassment; how to prevent, identify and remedy sexual harassment; what constitutes retaliation in violation of Title VII; Defendant’s policy against sexual harassment and retaliation; and implementation of Defendant’s policy against sexual harassment, including procedures and responsibilities for reporting, investigating and remedying conduct an employee believes may constitute sexual harassment. The training will be conducted by an outside trainer to be agreed upon by the parties. Within thirty (30) days after entry of this Consent Decree by the court, Defendant shall submit to the Commission the date of the proposed training session and a detailed outline of the proposed training. New staff will be given training within 30 days of hiring/promotion. Within
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twenty days after the completion of this training, Hill Boren will submit a report to Deidre Smith, at the address indicated above, confirming that this training has occurred, and a list of the attendees who received the training.
VII. POLICY PROHIBITING HARASSMENT Hill Boren's policy prohibiting harassment which is attached, as Appendix A, to this Settlement Agreement and Order will continue to be complied with by Hill Boren and its staff. Within sixty days after receiving a copy of this Decree entered by the Court, the managing partner, attorneys, and each employee, will be required to read and sign a copy of this policy, and will be given a copy of the policy. Within twenty days after this requirement has been met, Hill Boren will submit a report to Faye A. Williams, at the address indicated above, confirming that this requirement has been met. Thereafter, whenever a new employee is hired, he or she will be required to read and sign a copy of this policy, and will be given a copy of the policy.
VIII. POSTING OF NOTICES Hill Boren will continue to post its sexual harassment policy at its Memphis, Tennessee location. Hill Boren will also post the Notice, attached as Appendix B, for two years following entry of this Settlement Agreement and Order by the Court.
IX. COMPLIANCE AND DISPUTE RESOLUTION During the pendency of the Settlement Agreement and Order, if the Commission believes that Hill Boren has failed to comply with any provision(s) of the Settlement Agreement and Order, the Commission shall notify Hill Boren in writing of such non-compliance. If Hill
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Boren has not remedied such non-compliance within thirty (30) days of such notice, the Commission may apply to this Court for an order to show cause why Hill Boren should not be found in contempt of the Court, or for any other appropriate order.

X. ATTORNEY'S FEES AND COSTS The Commission, Womack, and Hill Boren will bear their own attorney's fees and

costs incurred in this lawsuit.

XI. DISMISSAL

After full compliance with this Settlement Agreement and Order, the Commission and

Womack will dismiss this action with prejudice by submitting an appropriate order with

the Court. SO ORDERED this 23rd day of July, 2007.

s/ JON P. McCALLA UNITED STATES DISTRICT JUDGE

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FOR THE DEFENDANT
s/ Thomas L. Henderson (w/permission DS) THOMAS L. HENDERSON
LEWIS FISHER HENDERSON CLAXTON & MULROY 6410 Poplar Avenue, Suite 300 Memphis, TN 38119
FOR REBEKAH WOMACK PETROWSKI
s/ Dan M. Norwood (w/permission DS) DAN M. NORWOOD NORWOOD, HOWARD & ATCHLEY

FOR THE COMMISSION
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Faye A. Williams (w/permission DS) FAYE A. WILLIAMS, BPR # 11730 Regional Attorney
s/ Terry Beck (w/permission DS) TERRY BECK, BPR # 09346 Supervisory Trial Attorney
s/ Deidre Smith DEIDRE SMITH, BPR #018499 Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, TN 38104 Telephone: (901) 544-0140

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 CM/ECF - U.S. District Court:tnwd

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U.S. District Court Western District of Tennessee (Memphis) CIVIL DOCKET FOR CASE #: 2:05-cv-02611-JPM-tmp

CLOSED

Equal Employment Opportunity Commission v. Hill Boren, P.C. Assigned to: Chief Judge Jon Phipps McCalla Referred to: Magistrate Judge Tu M. Pham Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/23/2005 Date Terminated: 07/23/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Deidre Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: deidre.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S. Drieband EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Ave Ste 621 Memphis, TN 38104 901-544-0088 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A. Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff Rebekah Womack Petrowski
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Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katharine W. Kores EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0151 Email: katharine.kores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adele Rapport EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0113 TERMINATED: 07/31/2006 ATTORNEY TO BE NOTICED
represented by Dan M. Norwood NORWOOD HOWARD & ATCHLEY 266 South Front Street Ste. 206 Memphis, TN 38103-3803
3/18/2008 6:13 PM

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V. Defendant Hill Boren, P.C.
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https://ecf.tnwd.uscourts.gov/cgi-bin/DktRpt.pl?769834437123121-L_1...
901-528-8300 Fax: 901-529-9101 Email: dannorwood@nhalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David B. Stevenson NORWOOD HOWARD & ATCHLEY 266 South Front Street Ste. 206 Memphis, TN 38103-3803 901-528-8300 Fax: 901-529-9101 Email: davidstevenson@nhalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kristy L. Gunn OGLETREE DEAKINS NASH SMOAK & STEWART P.C. 6410 Poplar Ave. Suite 300 Memphis, TN 38119 901-767-6160 Fax: 901-767-7411 Email: kristy.gunn@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas L. Henderson OGLETREE, DEAKINS, NASH, SMOAK, & STEWART, P.C. 6410 Poplar Ave. Ste. 300 Memphis, TN 38119 901-767-6160 Fax: 901-767-7411 Email: thomas.henderson@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa Kimberly Hodges FEDEX CORPORATION- Hacks Cross Legal Department 3620 Hacks Cross Rd.
3/18/2008 6:13 PM

CM/ECF - U.S. District Court:tnwd

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Third Floor, Building B. Memphis, TN 38125-8800 901-434-8217 Fax: 901-434-9279 Email: kim.hodges@fedex.com ATTORNEY TO BE NOTICED

Date Filed 08/23/2005 10/27/2005 11/09/2005 12/13/2005
12/27/2005
12/29/2005 12/29/2005 02/10/2006 02/16/2006

# Docket Text
1 COMPLAINT FOR UNLAWFUL EMPLOYMENT PRACTICES PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 against Hill Boren, P.C. , filed by Equal Employment Opportunity Commission.(fsh, ) (Entered: 08/24/2005)
2 ANSWER to Complaint by Hill Boren, P.C..(jae, ) (Entered: 10/28/2005)
3 SETTING LETTER: Scheduling Conference set for 12/15/2005 10:30 AM in Courtroom 6 - Memphis before Tu M. Pham. (jae, ) (Entered: 11/10/2005)
4 SCHEDULING ORDER: Ititial disclosures due 1/3/06. Amended Pleadings due by 12/30/2005 (pla) 1/30/06(dft). Discovery due by 8/18/2006. Joinder of Parties due by 12/30/2005(pla) 1/30/06 (dft). Initial Motions to dismiss due by 1/17/2006. Dispositive motions due 9/19/06. Case set for jury trial (4-days). Pretrial order, pretrial conference and trial dates will be set by the presiding judge. Parties are directed to engage in mediation on or before close of discovery. Parties have not consented to trial before the magistrate judge. Absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge Tu M. Pham. (jae, ) (Entered: 12/14/2005)
5 ORDER SETTING TRIAL AND PRETRIAL DATES. Pretrial Order due by 11/13/2006. Jury Trial set for 11/27/2006 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 11/20/2006 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge Jon Phipps McCalla. (jae, ) (Entered: 12/28/2005)
6 SETTING LETTER: Jury Trial set for 11/27/2006 09:30 AM in Courtroom 4 Memphis before Jon Phipps McCalla. Pretrial Conference set for 11/20/2006 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Proposed Joint Pretrial Order due 11/13/06.(jae, ) (Entered: 12/30/2005)
Set/Reset Deadlines: Proposed Pretrial Order due by 11/13/2006. (jae, ) (Entered: 12/30/2005)
7 MOTION to Intervene proposed order submitted by Rebekah Womack Petrowski. (Attachments: # 1 Memorandum Memorandum in Support of Motion to Intervene# 2 Certificate of Consultation Womack Certificate of Consultation)(Stevenson, David) (Entered: 02/10/2006)
8 ORDER granting 7 Motion to Intervene . Signed by Judge Jon Phipps McCalla on 2/15/06. (McCalla, Jon) (Entered: 02/16/2006)

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03/20/2006 03/21/2006
03/23/2006 03/23/2006
03/23/2006 03/28/2006 03/28/2006 03/31/2006 04/11/2006 05/19/2006 05/22/2006
06/02/2006

9 MOTION for Discovery Extension of Time to Respond to Plaintiff's Discovery Requests by Hill Boren, P.C.. (Hodges, Melissa) (Entered: 03/20/2006)
10 ORDER granting 9 Defendant's Motion for Extension of Time to Respond to Discovery Responses. Defendant shall have up to and including 3/30/06 to serve its responses to Ptf's First Request for Production of Docs and First Set of Interrogatories. Signed by Judge Tu M. Pham on 3/21/06. (Pham, Tu) (Entered: 03/21/2006)
11 COMPLAINT Western division Rebekah Womack Petrowski v. Hill Boren P.C.. (Attachments: # 1 Exhibit Order by Judge McCalla)(Stevenson, David) (Entered: 03/23/2006)
12 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 11 Complaint has been filed. However, the following deficiency has been found: The Pleading was not titled correctly.Per phone conversation filer will resubmit with "Intervenor Complaint" as the title. The filer has one business day to correct the deficiency. (fsh) (Entered: 03/23/2006)
13 Intervenors COMPLAINT Western division Rebekah Womack Petrowski v. Hill Boren P.C.. (Attachments: # 1 Exhibit Order Granting Motion to Intervene)(Stevenson, David) Modified on 3/23/2006 to edit text (fsh). (Entered: 03/23/2006)
14 MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)
15 MOTION to Substitute Attorney [This is to correct previous submission with incorrect Judge assignation] (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)
16 ORDER granting 15 Motion to Substitute Attorney. Signed by Judge Jon Phipps McCalla on 3/31/06. (McCalla, Jon)[No written order attached] (Entered: 03/31/2006)
17 Answer to Intervenor's Complaint 13 with Jury Demand by Hill Boren, P.C..(Hodges, Melissa) Modified on 4/11/2006 to add docket relationship (jae, ) (Entered: 04/11/2006)
18 MOTION for Extension of Time to Complete Discovery Deadline for Designation of Expert Witness by Hill Boren, P.C.. (Attachments: # 1 Memorandum In Support of Motion for Extention of Deadline for Designation of Expert)(Hodges, Melissa) (Entered: 05/19/2006)
19 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 18 MOTION for Extension of Time to Complete Discovery Deadline for Designation of Expert Witness filed by Hill Boren, P.C., has been filed. For future reference, please note Filer did not indicate (proposed order submitted) as required by Local Rule 7.2 (1)(A). Please submit proposed order to chambers. Filer is not required to resubmit document. (jae, ) (Entered: 05/22/2006)
20 RESPONSE to Motion re 18 MOTION for Extension of Time to Complete Discovery Deadline for Designation of Expert Witness filed by Equal

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06/20/2006
06/30/2006 07/03/2006
07/06/2006 07/31/2006 07/31/2006 07/31/2006 08/10/2006 08/11/2006

Employment Opportunity Commission. (Smith, Deidre) (Entered: 06/02/2006)
21 ORDER GRANTING DEFENDANT'S MOTION FOR EXTENTION OF DEADLINE FOR DESIGNATION OF EXPERT WITNESSES re 18 ...For good cause shown, the motion is GRANTED. Defendant shall have until June 20, 2006, to disclose expert witnesses. Plaintiff shall have 30 days from the date of defendant's expert disclosures to disclose plaintiff's rebuttal expert, if any. All other dates in the scheduling order, including the trial date, shall remain the same. It is so ordered. Signed by Judge Tu M. Pham on 6/20/06. (wmw, ) (Entered: 06/20/2006)
22 MOTION for Extension of Time to Complete Discovery Extension of Deadline for Designation of Expert Witnesses by Hill Boren, P.C.. (Attachments: # 1 Memorandum Memorandum re Defendant's Motion for Extension of Deadline for Designation of Expert Witness)(Hodges, Melissa) (Entered: 06/30/2006)
23 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 22 MOTION for Extension of Time to Complete Discovery Extension of Deadline for Designation of Expert Witnesses filed by Hill Boren, P.C., has been filed. For future reference, please note : Filer did not indicate if a proposed order was submitted to chambers. Filer is not required to resubmit document unless no order was submitted via email. (jae, ) (Entered: 07/03/2006)
24 ORDER denying 22 Without Prejudice Defendant's Motion for Extension of Deadline for Designation of Expert Witnesses. Signed by Judge Tu M. Pham on 7/6/06. (Pham, Tu) (Entered: 07/06/2006)
25 MOTION to Substitute Attorney Proposed Order Submitted, MOTION to Withdraw as Attorney Proposed Order Submitted by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 07/31/2006)
26 ORDER granting 25 Plaintiff EEOC's Motion to Withdraw & Substitute Attorney. Adele Rapport GRANTED leave to withdraw as counsel and Fay Williams substituted as counsel . Signed by Judge Tu M. Pham on 7/31/06. (Pham, Tu) (Entered: 07/31/2006)
27 Joint MOTION for Extension of Time to Complete Discovery and Resetting of Trial Date, proposed order submitted by Hill Boren, P.C.. (Attachments: # 1Memorandum In Support )(Hodges, Melissa) Modified on 8/1/2006 to add description to attachment (jae, ). (Entered: 07/31/2006)
28 MOTION to Compel Discovery by Hill Boren, P.C.. (Attachments: # 1 Memorandum Supporting Defendant's Motion to Compel Discovery# 2 Exhibit A - June 16, 2006 Letter to Norwood# 3 Exhibit B - August 3, 2006 Letter to Norwood# 4 Exhibit C - June 30, 2006 Letter to Norwood)(Hodges, Melissa) (Entered: 08/10/2006)
29 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 28 MOTION to Compel Discovery filed by Hill Boren, P.C., has been filed. For future reference, please note : Filer did not indicate if a proposed order was submitted to chambers. Filer is not required to resubmit document, but must sumbit proposed order. (jae, ) (Entered: 08/11/2006)

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08/14/2006 08/15/2006 08/15/2006 08/23/2006 08/28/2006 08/28/2006
08/28/2006 08/28/2006 08/29/2006 08/29/2006
09/07/2006 09/08/2006

30 ORDER SETTING SCHEDULING CONFERENCE. Signed by Judge Jon Phipps McCalla on 8/14/06. (McCalla, Jon) (Entered: 08/14/2006)
31 SETTING LETTER: Scheduling Conference set for 8/28/2006 08:45 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jpw) (Entered: 08/15/2006)
32 *CORRECTED SETTING LETTER: Scheduling Conference *VIA TELEPHONE set for 8/28/2006 08:45 AM in Chambers before Jon Phipps McCalla. (jpw) (Entered: 08/15/2006)
33 RESPONSE to Motion re 28 MOTION to Compel Discovery proposed order submitted filed by Rebekah Womack Petrowski. (Stevenson, David) (Entered: 08/23/2006)
34 ORDER finding as moot 28 Defendant's Motion to Compel. Signed by Judge Tu M. Pham on 8/28/06. (Pham, Tu) (Entered: 08/28/2006)
35 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Scheduling Conference held on 8/28/2006. Discovery to be completed by 11/20/2006. Jury Trial reset to 3/19/2007 at 9:30 AM. Pretrial Conference reset to 3/13/2007 at 9:00 AM. Pretrial Order due by 4:30 PM on 3/6/2007. The Court will allow the examination of the Plaintiff with no attorneys present. Defendant's expert disclosure: 9/29/2006. Plaintiff's expert disclosure: 10/30/2006. Complaint to be amended within 10 days. Response due 5 days thereafter. (EEOC: Deidre Smith) (Petrowski: Dan Norwood, David Stevenson) (Hill-Boren: Thomas Henderson, Melissa Kimberly Hodges) (Court Reporter: Brenda Parker) (jpw) (Entered: 08/28/2006)
36 SETTING LETTER: Jury Trial set for 3/19/2007 09:30 AM in Courtroom 4 Memphis before Jon Phipps McCalla. Pretrial Conference set for 3/13/2007 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 3/6/2007.(jpw) (Entered: 08/28/2006)
Set Deadlines/Hearings: Proposed Joint Pretrial Order due by 4:30 PM on 3/6/2007. (jpw) (Entered: 08/28/2006)
37 ORDER FOLLOWING STATUS CONFERENCE AND SETTING SCHEDULE. Signed by Judge Jon Phipps McCalla on 8/28/06. (McCalla, Jon) (Entered: 08/29/2006)
Set Deadlines/Hearings: Discovery due by 11/20/2006. Motions due by 12/22/2006. Pretrial Order due by 3/6/2007. Jury Trial set for 3/19/2007 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 3/13/2007 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jae, ) (Entered: 08/29/2006)
38 MOTION to Amend/Correct 1 Complaint (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Amend Complaint# 2 Certificate of Consultation # 3 Exhibit Amended Complaint)(Smith, Deidre) (Entered: 09/07/2006)
39 ORDER granting 38 Plaintiff EEOC's Motion for Leave to File Amended Complaint. Plaintiff shall file its amended complaint w/i 7 days from the date of this order with service upon the parties. Signed by Judge Tu M. Pham on 9/8/06.

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09/08/2006 09/08/2006
09/15/2006 09/29/2006 10/04/2006
11/03/2006
11/09/2006 11/16/2006 11/17/2006
11/17/2006 11/17/2006 11/22/2006

(Pham, Tu) (Entered: 09/08/2006)
40 AMENDED COMPLAINT against Hill Boren, P.C., filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 09/08/2006)
41 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 40 Amended Complaint filed by Equal Employment Opportunity Commission, has been filed. For future reference, please note: Filer should have sent the amended complaint to chambers with the proposed order, not submitted it to the docket as an attachment to the motion. Filer is not required to resubmit document. (jae, ) (Entered: 09/08/2006)
42 ANSWER to Amended Complaint by Hill Boren, P.C..(Hodges, Melissa) (Entered: 09/15/2006)
43 MOTION for Extension of Time to Complete Discovery re Expert Designation; proposed order submitted by Hill Boren, P.C.. (Attachments: # 1 Memorandum)(Hodges, Melissa) (Entered: 09/29/2006)
44 ORDER Granting 43 Defendant's Unopposed Motion for Extension of Deadline for Designation of Expert Witnesses. Defendants shall have up to and including 11/3/06 to designate an expert witnesses. All other dates and deadlines, including the deadline for filing dispositive motions and the trial date, shall remain the same. Signed by Judge Tu M. Pham on 10/4/06. (Pham, Tu) (Entered: 10/04/2006)
45 Joint MOTION for Extension of Time to Complete Discovery and Resetting of Trial Date, Proposed Order Submitted by Equal Employment Opportunity Commission, Rebekah Womack Petrowski, Hill Boren, P.C.. (Attachments: # 1 Memorandum in Support of Joint Motion)(Hodges, Melissa) (Entered: 11/03/2006)
46 SETTING LETTER: Telephone Conference set for 11/17/2006 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jpw) (Entered: 11/09/2006)
47 ORDER granting 45 Motion for Extension of Time to Complete Discovery . Signed by Judge Jon Phipps McCalla on 11/15/06. (McCalla, Jon) (Entered: 11/16/2006)
48 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephone Conference held on 11/17/2006 to set new trial & pretrial dates. Jury Trial reset to 9/17/2007 at 9:30 AM. Pretrial Conference reset to 9/10/2007 at 9:00 AM. Pretrial Order due by 4:30 PM on 9/4/2007. (Plaintiff EEOC: Deidre Smith) (Intervenor Plaintiff: Dan Norwood) (Defense: Thomas Henderson) (Court Reporter: Brenda Parker) (jpw) (Entered: 11/17/2006)
49 SETTING LETTER: Jury Trial reset for 9/17/2007 09:30 AM in Courtroom 4 Memphis before Jon Phipps McCalla. Pretrial Conference reset for 9/10/2007 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 9/4/2007.(jpw) (Entered: 11/17/2006)
Set Deadlines: Proposed Pretrial Order due by 4:30 PM on 9/4/2007. (jpw) (Entered: 11/17/2006)
50 ORDER RE-SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/21/06. (McCalla, Jon) (Entered: 11/22/2006)

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11/22/2006 05/16/2007 05/22/2007
05/24/2007 05/24/2007 05/24/2007

Set Deadlines/Hearings: Pretrial Order due by 9/4/2007. Jury Trial set for 9/17/2007 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 9/10/2007 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/24/2006)
51 Joint MOTION for Extension of Time to Complete Discovery and Resetting of Trial Date (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Modify Scheduling Order)(Smith, Deidre) (Entered: 05/16/2007)
52 MOTION to Compel (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Exhibit No. 1, Plaintiff's First Set of Interrogatories# 3 Exhibit No. 2, Plaintiff's First Request for Production# 4 Exhibit No. 3a, Defendant's Responses to Plaintiff's First Request for Production# 5 Exhibit No. 3b, Defendant's Responses to Plaintiff's First Set of Interrogatories# 6 Exhibit No. 4, 6-16-06 Smith Letter to Tom Henderson# 7 Exhibit No. 5, 7-7-06 Email from Kim Hodges# 8 Exhibit No. 6, 10-24-06 Smith Letter to Kim Hodges# 9 Exhibit No. 7, 10-25-06 Email to Kim Hodges# 10 Exhibit No. 8, 3-2-07 Email to Tom Henderson# 11 Exhibit No. 9, 4-10-07 Smith Letter to Tom Henderson# 12 Exhibit No. 10, 5-9-07 Smith Letter to Tom Henderson# 13 Exhibit No. 11, 5-10-06 Henderson Letter to Deidre Smith# 14 Exhibit No. 12, Charge of Discrimination# 15 Exhibit No. 13, 2-3-06 Henderson Letter to Deidre Smith# 16 Exhibit No. 14, 2-8-06 Smith Letter to Tom Henderson# 17 Exhibit No. 15, 2-28-06 Email to Kim Hodges# 18 Exhibit No. 16, 7-16-06 Notice of Deposition to Robert Hill# 19 Exhibit No. 17, 6-30-06 Email from Kim Hodges# 20 Exhibit No. 18, 7-11-06 Smith Letter to Kim Hodges# 21 Exhibit No. 19, 7-28-06 Smith Email to Kim Hodges# 22 Exhibit No. 20, 8-11-06 Amended Notice of Deposition to Robert Hill# 23 Errata No. 21, 8-23-06 Smith Email to Kim Hodges# 24 Errata No. 22, 10-16-06 Smith Email to Kim Hodges# 25 Exhibit No. 23, 11-1-06 Notice of Deposition for Robert Hill# 26 Exhibit No. 24, 5-9-07 Notice of Deposition of Robert Hill# 27 Exhibit No. 25, 5-9-06 Henderson Letter to Deidre Smith# 28 Exhibit No. 26, 5-11-07 Smith Letter to Tom Henderson# 29 Errata No. 27, 5-17-07 Smith Letter to Tom Henderson# 30 Unreported Case International Brotherhood of Electrical Workers v. Eagle Electric Co..pdf# 31 Unreported Case - Jones v. Simon & Schuster, Inc..pdf# 32 Unreported Case Kelly v. Williams.pdf# 33 Unreported Case - Willis v. Golden Rule Ins. Co..pdf# 34 Certificate of Consultation)(Smith, Deidre) (Entered: 05/22/2007)
53 ORDER 51 JOINT MOTION TO MODIFY FED. R. CIV. P. 16(b) SCHEDULING ORDER; ORDER RESETTING TRIAL AND PRETRIAL DATES . Signed by Judge Jon Phipps McCalla on 5/25/07. (McCalla, Jon) (Entered: 05/24/2007)
54 SETTING LETTER: Jury Trial reset for 1/7/2008 09:30 AM in Courtroom 4 Memphis before Judge Jon Phipps McCalla. Pretrial Conference reset for 1/2/2008 09:00 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 12/*26/2007.(jpw) *Modified on 5/25/2007 (jpw). (Entered: 05/24/2007)
Set Deadline: Proposed Pretrial Order due by 4:30 PM on 12/26/2007. (jpw) (Entered: 05/24/2007)

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06/06/2007 06/07/2007 06/21/2007
07/03/2007 07/05/2007 07/12/2007
07/12/2007
07/13/2007 07/16/2007 07/23/2007 07/23/2007

55 Consent MOTION for Extension of Time to File Response/Reply as to 52 MOTION to Compel (Proposed Order submitted) (Proposed Order Submitted) by Hill Boren, P.C.. (Gunn, Kristy) (Entered: 06/06/2007)
56 ORDER Granting 55 Defendant's Unopposed Motion for Extension of Time to Respond to EEOC's Motion to Compel. Defendant shall have up to and including 6/21/07 to respond to EEOC's motion. Signed by Magistrate Judge Tu M. Pham on 6/7/07. (Pham, Tu) (Entered: 06/07/2007)
57 RESPONSE in Opposition re 52 MOTION to Compel (Proposed Order submitted) filed by Hill Boren, P.C.. (Attachments: # 1 Exhibit EEOC 6-13-07 Letter# 2 Exhibit EEOC 6-20-07 Letter# 3 Exhibit EEOC Complaint# 4 Exhibit Intervenor Complaint# 5 Exhibit Unreported Cases)(Gunn, Kristy) (Entered: 06/21/2007)
58 NOTICE by Hill Boren, P.C. of Change of Association (Gunn, Kristy) (Entered: 07/03/2007)
59 NOTICE of Hearing on Motion 52 Motion to Compel: Telephonic Hearing set for 7/12/2007 @ 10:30 AM (cst) - Memphis before Magistrate Judge Tu M. Pham. (wmw, ) (Entered: 07/05/2007)
60 Minute Entry for proceedings held before Magistrate Judge Tu M. Pham on 7/12/2007 : Telephonic Hearing held on EEOC's motion to compel 52 . The court granted the motion. Order to be entered. Plt cnsl: D. Smith. Dft cnsl: T. Henderson. Intv/Plt cnsl: D. Norwood (Tape #FTR.) (wmw, ) (Entered: 07/12/2007)
61 ORDER re 52 Following Hearing Granting Plaintiff's MOTION to Compel filed by Equal Employment Opportunity Commission. Plaintiff shall provide the defendant with a proposed protective order for review, and once approved by defendant, shall submit the protective order to the Magistrate Judge for review and approval. The defendant shall then produce within seven (7) business days from the entry tof the protective order information and documents responsive to Interrogatory #11 and document request #18. Signed by Magistrate Judge Tu M. Pham on 7/12/07. (Pham, Tu) (Entered: 07/12/2007)
62 MOTION for Protective Order (Proposed Order Submitted) by Hill Boren, P.C.. (Attachments: # 1 Memorandum # 2 Exhibit Petrowski Depo# 3 Exhibit Wade Depo# 4 Exhibit Cases)(Henderson, Thomas) (Entered: 07/13/2007)
63 ORDER REFERRING MOTION: 62 Defendant's Motion for Protective Order. Signed by Judge Jon Phipps McCalla on 7/16/07. (McCalla, Jon) (Entered: 07/16/2007)
64 SETTLEMENT AGREEMENT AND ORDER. Signed by Judge Jon Phipps McCalla on 7/23/07. (Attachments: # 1 Appendix A - Harassment # 2 Appendix B Notice)(McCalla, Jon) (Entered: 07/23/2007)
65 JUDGMENT . Signed by Judge Jon Phipps McCalla on 7/23/07. (McCalla, Jon) (Entered: 07/23/2007)

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