IN THE UNJTEO STATES DISTRICT COURT FOR THE NORTHERN DISTRICT Of INDIANA
fORT WAYNE DIVISION

EQUAL EMPLOYMEJ'\T OPPORTUNITY COMMISSION,
Plaintiff,
Dutterwm1h lnduslries, Inc. Defendant.

)

)

)

CIVIL ACTION NO. 1:04-CV-300-WCL

)

)

)

COMPLAINT

)

)

)

)

JURY TRIAL DEMAND

)

NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I ofthc Civil Ri~hts Act 1991 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Gail Bricker who was adversely afTected by such practices. The Commission alleges that Defendant Butterworth Industries, Inc. failed to make a reasonable accommodation to the di~ubility of Gail Bricker, a qualified individual with a di~ubility, knee imp:urment and anhritis, and that Butterworth Industries, Inc. discharged her because of her disability. The Commission also alleges that Butterworth Industries, Inc. failed to maintain separate and confidential medical files on its employees, in violation of the ADA.
JJ JRISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is uulhorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Section 706 (I)( I) am! (3) ofTitle VI! of the Civil Rights Act of \964 ("Title VII"), 42

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U.S.C. § 2000e-5(f)( 1) and (3 ), and pursnant to Section 102 of the Civil Ri~ts Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were und are now being committed within the jurisdiction of the United States District Court for the Northern District of Indiana, Fort Wayne 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 ofTitlc I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), whid. incorporates by reference Sections 706(f)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(£)(1) and (3). 4. At all relevant times, Defendant, 3utterwOJth Industries, Inc. (the "Employer"), has continuously been an Indiana Corporation doing business in the State of Indiana and the City of Gas City, and has continuously had at least fifieen employees. 5. At all relevant times, Defendant Employer hns continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) oftbe ADA, 42 U.S.C. § 121 \1(7), which incorporates by
I
reference Sections 701(g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(~) and (h). 6. At all relevant times, Defendant Employer has been a covered entity under
Section 101(2) of the ADA, 42 U.S.C. § 1211 1(2).
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I "i

STATEMENT OJ< CLAIMS

7.

More than thi1ty days prior to the institution of this lawsuit, Gail Drieker filed a

charge with the Commission alleging violations of Title 1of the ADA by Defendant Employer.

All conditions precedent to the institution of this lawsuit have been fulfilled.

8. Since at least December 17, 2003, Defendant Employer has engaged in unlawful

employment practices at its Gas City, Indiana facility, in violation of Section 102 of Title I of the

ADA, 42 U.S.C. § 12112. "!be practices include:

a, Defendant employer failed to make reasonable accommodation to the disability of Gail Bricker.

b. Defendant employer discharged Gail Bl'icker because of her disability.

c.

Defendant

employer

failed

to

maintain

• separate

confidential

medical

files

on

its

employees.

9. The effect of the practices complr.ined of in paragraph 8 above has been to deprive Gail Oricker of equal employment opportunities and otherwise adversely affect her status as an employee, because of her disabiliry.

I0. The unlawful employment practices complained of in paragraph 8 above are ami

were intentional.

I

II. "!be unlawful employment practices complained of in paragraph 8 above are and

I

were done with malice or with reckless indifference to the federally protected rights of Gail

Bricker,

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PRAYER o-oR RELIEF
WheretOre, the Commission respectfully requests that this Coutt: A. Grant a permanent injunction enjoining Defendant Employer, its olliccrs, successors, assigns, and all persons in active concert or participation with it, from failing to accommodate the disabilities of qualified individuals with disabilities, from discharging qualified individuals with disabilitic5 because of their disabilities, from failing to maintain separate and confidential medical files on its employees, and any other employment practice which discriminates on the basis of disability, B. Order Defendant Employer to institute and carry out policies, practices, and progran1s which provide equal employment opportunities for qunlified individuals with disabilities, ami which er«<<icate the effects of its past and present unlawful employment practice.-.. Order Defendant Employer to maintai[\ a[ly medical records of employees in separate and confidential medical files_ C. Order Defendant to make whole Gail Bricker, by providing appropriate backpay with prejudgment interest, in umounts to be determined at trial, and other affirmative relief necessary to eradicate the efTects of its unlawful employment practices, inclnding but not limited to rightful place reinstatement of Gail Bricker. D. Order Defendant Employer to make whole Gail Bricker by providing; compensation for past and future pecuniary losses resulting from the nnlawful employment practices described in paragraph 8 above, including; job search expenses, in amounts to be determined ut trial. E. Order Defendant Employer to ma.<e whole Gail Bricker by providing

compensation for past and future nonpecuniary losses resulting from the nnlawfnl practices complained of in paragraph 8 above, including emotional pain, suffering, inconvenience and humiliation, in amounts W be detem1ined at triaL

F. Order Defendant Employer to pay Gail Bricker punitive da1nages for its malicious and reckles~ conduct, us described in paragraph 8 above, in amounts to be determined at trial.

G. interest

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

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,
ERIC S, DREIDAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
sf! Qurie A. Young
LAURIE A. YOUNG,#Il480-49 Regional Attorney

Supervisory Trial Attorney

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSlON
lndianapDiis District Office 101 W. Ohio Street, Suite 1900 Indianapolis 1N 46204 Tel. No. (317) 226-7949 FAX No. (317) 226-5571 Euwil: juann.fumswonh@ceoc.gov
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 UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

)

Plaintifff,

)

)

v.

)

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BUTTERWORTH INDUSTRIES, INC.,

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Defendant.

)

CAUSE NO. 1: 04CV300

ORDER This matter is before the Court on a “Motion to Compel” filed by the Plaintiff, the Equal Employment Opportunity Commission on February 24, 2005. Although the motion is supported by “a separate document” under N.D. Ind. L.R. 37.1, the intent of the Local Rule, as evidenced by N.D. Ind. LR 37.1(b), is that counsel actually confer, not simply exchange letters. This intent is evidenced by the fact that the certification is to recite the “date, time, and place of the conference,” something notably missing here. Moreover, there is no showing that there was any attempt to confer, or that a conference would be futile. On the whole then, the motion does not appear to satisfy either the language or intent of what is required by Local Rule 37.1. See, e.g., Williams v Board of County Comm’rs of Unified Government, 192 F.R.D. 698, 699 (D. Kan. 2000)(To meet-and-confer means that “counsel converse, confer, compare views, consult and deliberate.”). Accordingly, the Motion is DENIED without prejudice. See, N.D. Ind. 37.1(c). SO

ORDERED. Enter for February 24, 2005.

s/Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge

2

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

BUTTERWORTH INDUSTRIES, INC.,

)

)

Defendant.

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_________________________________________ )

CAUSE NO. 1: 04-CV-300WCL

ORDER

Motion having been made by Plaintiff Equal Employment Opportunity Commission for

an order to compel and the Court being duly advised, IT IS HEREBY ORDERED that Defendant

Butterworth Industries, Inc. respond to Plaintiff’s First Set of Interrogatories and First Request

for Production of Documents on or before April 1, 2005.

Entered this 15th day of March, 2005.

Copies to:

S/Roger B. Cosbey Magistrate Judge, U.S. District Court

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

Shane Beal 514 South Adams Street Marion, IN 46953
Jerry T. Drook 514 South Adams Street Marion, IN 46953

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

BUTTERWORTH INDUSTRIES, INC.,

)

)

Defendant.

)

_________________________________________ )

CAUSE NO. 1: 04-CV-300WCL

ORDER

Motion having been made by Plaintiff Equal Employment Opportunity Commission for an order to compel the Defendant’s Compliance with Court Order (see, ¶4(c) of the Report of the

Parties Planning Meeting) and the Court being duly advised, IT IS HEREBY ORDERED that

Defendant Butterworth Industries, Inc. shall serve upon counsel for the Plaintiff its Preliminary

Witness List, Preliminary Exhibit List and Preliminary Contentions on or before April 5, 2005.

Entered this 17th day of March, 2005.

Copies to:

S/Roger B. Cosbey Magistrate Judge, U.S. District Court

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

Shane Beal 514 South Adams Street Marion, IN 46953
Jerry T. Drook 514 South Adams Street Marion, IN 46953

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

BUTTERWORTH INDUSTRIES, INC.,

)

)

Defendant.

)

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

CAUSE NO.1: 04-CV-300WCL

CONSENT DECREE Cause No.1: 04-CV-300WCL was instituted by the Equal Employment Opportunity Commission ("Commission") pursuant to Section 107 ofthe Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq. ("ADA"). The Commission and Butterworth Industries, Inc. ("Butterworth"), hereby stipulate to the jurisdiction of the Court over the parties and the subject matter ofthis action, The Commission and Butterworth have advised this Court that they desire to resolve Cause No.1: 04-CV-300WCL without the burden and expense of further litigation. It is, therefore, the finding of this Court, based 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 the ADA will be promoted and effectuated by the entry of this Decree; and (3) this 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 by the agreement of both parties for the purpose of settling this dispute wherein the Commission claims that Defendant violated the ADA and Defendant denies any and all liability, shall not be construed as an admission by Defendant of any violation of the ADA or any other law, rule or regulation. 2. Butterworth agrees that it will not discriminate against employees on the basis of disability. 3. Butterworth agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under the ADA, 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 the ADA. 4. Butterworth agrees to pay Gail Bricker or her heirs and assigns in the event of her death, $5,500.00, less applicable taxes and deductions required by law, as damages, in settlement of her claim. Of this amount, $1,200.00 shall be treated for tax purposes as back pay damages. The remaining amount of $4,300.00 shall be treated as compensatory and punitive damages. Butterworth agrees not to deduct from the settlement amount of $4,300.00 the amount of the employer's share of any costs, taxes or social security required by law to be paid by Butterworth. Butterworth further agrees to issue a form 1099 for the amount of damages that has been deemed compensatory and punitive damages. All payments shall be made by check and made payable to Gail Bricker and sent to her by certified mail at 801 East Hunter's Run Drive, Marion, IN 46953. Within fifteen days from the entry of this Consent Decree by the Court, the Commission will forward a release (see Appendix A) to Gail Bricker for her execution. The Commission will
2

notify counsel for Butterworth on receipt of the release executed by Bricker. Then, within fifteen (15) days, Butterworth shall mail the check, by certified mail, to Bricker. Butterworth shall mail a copy of Bricker's check and proof of its delivery to Bricker (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of a check to Gail Bricker, the Commission shall forward the release to counsel for Butterworth.
5. Butterworth agrees to post the Notice of Non-Discrimination Policy attached as Appendix B to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree.
6. Butterworth agrees to eliminate from the record of Gail Bricker all reference to her charge of discrimination and participation in this suit and shall make no reference to such charge or participation in the event Butterworth is contacted for references. This provision survives the expiration of the Consent Decree.
7. Within thirty days from the date of entry of this Consent Decree, Defendant Butterworth shall adopt a written policy prohibiting discrimination against applicants and employees on the basis of disability. A copy of said policy shall be provided to the EEOC for review and comment prior to its adoption.
8. Butterworth agrees that its managers and supervisors: Susan Butterworth, Margy Moore, Julie Hawkins, and Vicki Foy, shall attend a training seminar regarding disability discrimination. Said managers and supervisors must attend a seminar within six (6) months from the date of entry of this Decree. Thirty (30) days prior to the date of the seminar, the Defendant shall provide notice to the Commission regarding the date, time and place of the seminar, and shall send to the Commission a copy of the agenda, subject matter to be covered and an outline of
3

the written materials to be used. The Commission may at its option send its own representative to attend the training to observe or to speak at the training. Butterworth agrees that upon completion of the training program, Susan Butterworth shall train Frank Butterworth, III on the topic of disability discrimination. Upon completion of the training program, Butterworth shall certify to the Commission the specific training given and shall provide the Commission with a roster of all employees in attendance.
9. Within thirty days from the entry of this Consent Decree, Butterworth agrees to review all of its employees' files to ensure that all medical records are retained separately. Butterworth agrees to certify to the Commission that all employee files have been reviewed and that employee medical records are being maintained separately.
10. Butterworth agrees to submit reports to EEOC detailing its compliance with this decree. Butterworth agrees to submit five (5) annual reports during the term of this decree. The first report shall be due on December 31, 2005 and the subsequent reports shall be mailed to the Commission no later than December 31 st of each year covered by the decree. The report shall include the following information for the twelve (12) month period preceding the report: the identities of all employees who, during the reporting period, request an accommodation of a disability, including by way of identification each person's name, address, telephone number, nature of the request made and disposition of the request. The report shall also include, for each employee who has a disability and is discharged: the name, address, and telephone number of the discharged employee, the specific reasons why he/she was discharged, and the name and address of the individual responsible for making the decision to discharge said employee. All reports shall be directed to Laurie Young (or her successor), Regional Attorney, Equal Employment
4

Opportunity Commission, 101 West Ohio St., Suite 1900, Indianapolis, Indiana 46204. 11. Butterworth agrees that the EEOC may review compliance with this Decree. As
part of such review, the EEOC may inspect the premises, interview employees, and examine and copy documents, during normal operating hours and upon reasonable advance notice.
12. In the event that the EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically identifying the alleged violation to Butterworth. Butterworth 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 Plaintiff exercises any remedy provided by law.
13. Each party shall be responsible for their own costs associated with this action. 14. The term of this Decree shall be for five (5) years following the date of the entry of this decree. The Court shall maintain jurisdiction over the parties and the subject matter throughout the term of this Decree.

SJWiIDam C. Lee

Date

Judge, United States District Court

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

5

Shane Beal 514 South Adams Street Marion, IN 46953 Jerry T. Drook 514 South Adams Street Marion, IN 46953
6

APPENDIX A RELEASE
In consideration of the payment to me by Butterworth Industries, Inc. of $5,500.00, less applicable taxes and deductions, and in consideration of my agreement to withdraw my charge of discrimination no. 240-2005-05008, and in consideration of the Consent Decree agreed to by the Equal Employment Opportunity Commission and Butterworth in Civil Action 1:04-CV300WCL, entered by the Court on the _ _ _ day of _ _ _ _ _, 2005, and in consideration of which this Release is a part, I, Gail Bricker, hereby fully and forever release and discharge Butterworth Industries, Inc., it successors and assigns, including its present and former directors, officers, employees and agents, from any claim or obligation based on alleged disability discrimination in violation of the ADA, which was or could have been raised in Civil Action No. 1:04-CV-300WCL and my charge of discrimination no. 240-2005-05008.
I agree that I will be solely and individually responsible for paying any and all taxes (including FICA or otherwise) which may be due and owing, if any, as a result of Defendant's payment of the sum set forth above. I acknowledge that I have not relied on any representations made by Defendant or the EEOC relating in any way to the tax treatment of the payments pursuant to this agreement.
I have read this Release and I execute it voluntarily, without coercion or threat of reprisal. IN WITNESS WHEREOF, this Release is signed and executed by me on the _ __ day of_'_ _ _ _ _,2005.

County of

)

)SS

State of

)

Subscribed and sworn to before me this ___ day of _____, 2005.

· .

County of Residence.________ My Commission Expires:.__________

Notary Public

--------------~~--~----~--

~-

APPENDIXB
EMPLOYEE
NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
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 employers from discriminating against qualified individuals with disabilities in aspects of employment, including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits. Federal law also prohibits employers from discriminating against employees and job applicants whom it regards as being disabled. The law also requires that employers and other covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.
Butterworth Industries, Inc. 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

 
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CASREF, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Fort Wayne)
CIVIL DOCKET FOR CASE #: 1:04-cv-00300-WCL-RBC

Equal Employment Opportunity Commission v. Butterworth Industries Inc Assigned to: Judge William C Lee Referred to: Magistrate Judge Roger B Cosbey Cause: 42:12101 Americans with Disabilites Act

Date Filed: 08/12/2004 Date Terminated: 06/17/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Mediator Robert T Keen

Plaintiff
Equal Employment Opportunity Commission

represented by Jo Ann Farnsworth Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7949 Fax: 317-226-5571 Email: joann.farnsworth@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Young Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7947 Fax: 317-226-7203 Email: legal.station@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle F Eisele Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Butterworth Industries Inc

represented by Jerry T Drook PO Box 548 Marion, IN 46952 765-669-0785 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shane Eric Beal 514 S Adams Street Marion, IN 46953 765-662-9903 Fax: 765-662-9904 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/12/2004
08/12/2004 08/12/2004 08/12/2004 08/12/2004 08/24/2004
10/14/2004 10/14/2004 10/18/2004

#

Docket Text

1 COMPLAINT with Jury Demand against Butterworth Industries Inc , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lns, ) (Entered: 08/13/2004)
2 NOTICE of Appearance by Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)
3 NOTICE of Appearance by Laurie A Young on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)
4 NOTICE of Appearance by Michelle F Eisele on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)
5 Summons Issued as to Butterworth Industries Inc. (F.L. Butterworth Jr) (lns, ) (Entered: 08/13/2004)
6 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Butterworth Industries Inc served on 8/18/2004, answer due 9/7/2004. (lns, ) (Entered: 08/27/2004)
7 NOTICE of Appearance by Shane Eric Beal on behalf of Butterworth Industries Inc (lns, ) (Entered: 10/15/2004)
8 ANSWER to 1 Complaint by Butterworth Industries Inc.(lns, ) (Entered: 10/15/2004)
9 ORDER Rule 16 Preliminary Pretrial Conference set for 11/22/2004 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 10/18/04. (wsy) (Entered: 10/18/2004)

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10/18/2004 10/27/2004 11/10/2004 11/22/2004
11/22/2004
12/01/2004 12/20/2004
01/18/2005 01/19/2005 02/01/2005 02/01/2005 02/01/2005 02/24/2005 02/24/2005 02/24/2005

10 MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (wsy) (Entered: 10/18/2004)
11 CERTIFICATE of Attorney. (Farnsworth, Jo Ann) (Entered: 10/27/2004)
12 REPORT of Rule 26(f) Planning Meeting. (Farnsworth, Jo Ann) (Entered: 11/10/2004)
13 Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 11/22/2004. The Report is approved and made an order of the Court. The dates will not be changed without good cause shown. All discovery to be completed by 8/30/2005. Mediator Selection Deadline is 60 days or 1/24/2005. Dispositive motions to be filed by 10/30/2005.(Tape #62) (wsy) (Entered: 11/22/2004)
14 SCHEDULING ORDER: 2 day Jury Trial set for 3/21/2006 09:00 AM in Fort Wayne before Judge William C Lee. Final Pretrial Conference set for 2/27/2006 01:30 PM in Fort Wayne before Judge William C Lee.. Signed by Judge William C Lee on 11/22/04. (lrm, ) (Entered: 11/22/2004)
15 NOTICE of Appearance by Jerry T Drook on behalf of Butterworth Industries Inc (lns, ) (Entered: 12/06/2004)
16 ENTRY for Judge William C. Lee; the Final Pretrial Conference in this cause is hereby re-set from 2/27/06 to 3/6/2006 01:30 PM in Fort Wayne before Judge William C Lee.No additional written entry will issue.(lrm, ) (Entered: 12/20/2004)
17 REPORT by Equal Employment Opportunity Commission Regarding Mediation. (Farnsworth, Jo Ann) (Entered: 01/18/2005)
18 ORDER: The parties notify the Court that they have selected Robert Keen, Jr. as mediator. Counsel are to notify Mr. Keen of the selection. Robert T Keen added as mediator. (wsy) (Entered: 01/19/2005)
19 Witness List by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/01/2005)
20 Preliminary Exhibit List Preliminary by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 02/01/2005)
21 NOTICE by Equal Employment Opportunity Commission Preliminary Contentions (Farnsworth, Jo Ann) (Entered: 02/01/2005)
22 MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Farnsworth, Jo Ann) (Entered: 02/24/2005)
23 MEMORANDUM in Support of 22 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/24/2005)
24 CERTIFICATE of Informal Attempt to Settle Discovery Dispute. (Farnsworth, Jo Ann) (Entered: 02/24/2005)

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02/24/2005 03/15/2005 03/15/2005 03/15/2005 03/15/2005
03/16/2005
03/16/2005 03/16/2005 03/17/2005
03/31/2005 03/31/2005 03/31/2005 04/13/2005 04/13/2005

25 ORDER denying w/o prejudice 22 Motion to Compel filed by Plaintiff Equal Employment Opportunity Commission . Signed by Judge Roger B Cosbey on 2/24/2005. (lns, ) (Entered: 02/25/2005)
26 MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Farnsworth, Jo Ann) (Entered: 03/15/2005)
27 MEMORANDUM in Support of 26 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 03/15/2005)
28 CERTIFICATE of Informal Attempt to Settle Discovery Dispute. (Farnsworth, Jo Ann) (Entered: 03/15/2005)
30 ORDER granting 26 Motion to Compel by Plaintiff Equal Employment Opportunity Commission. Deft Butterworth Industries Inc ordered to respond to Pltfs' First Set of Interr and First Req for Prod of Docs on/bf 4/1/2005. Signed by Judge Roger B Cosbey on 3/15/2005. (lns, ) (Entered: 03/16/2005)
29 NOTICE by Equal Employment Opportunity Commission re 26 MOTION to Compel Notice of Partial Compliance (Attachments: # 1 Exhibit G# 2 Exhibit H# 3 Exhibit H, part 2# 4 Exhibit H, part 3)(Farnsworth, Jo Ann) (Entered: 03/16/2005)
31 MOTION to Compel Defendant's Compliance with Court Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Farnsworth, Jo Ann) (Entered: 03/16/2005)
32 CERTIFICATE of Informal Attempt to Settle Dispute. (Farnsworth, Jo Ann) (Entered: 03/16/2005)
33 ORDER granting 31 Motion to Compel Defendant's Compliance with Court Order by Plaintiff Equal Employment Opportunity Commission. Deft Butterworth Industries Inc ordered to serve its Preliminary Witness List, Peliminary Exhibit List and Preliminary Contentions on/bf 4/5/2005. Signed by Judge Roger B Cosbey on 3/17/2005. (lns, ) (Entered: 03/17/2005)
34 MOTION for Extension of Time to File Expert Report by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 03/31/2005)
35 ORDER granting 34 Motion for Extension of Time to File Expert Reports. Plaintiff EEOC's expert witness disclosures and reports due on/bf 6/30/2005. Signed by Judge Roger B Cosbey on 3/31/2005. (lns, ) (Entered: 03/31/2005)
Set/Reset Deadlines: Plaintiff expert witness disclosures and reports to be submitted by 6/30/2005. (lns, ) (Entered: 03/31/2005)
36 MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/13/2005)
37 MEMORANDUM in Support of 36 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/13/2005)

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04/20/2005 04/20/2005 04/26/2005 04/26/2005 05/19/2005 05/19/2005 05/19/2005 05/19/2005 05/25/2005
05/27/2005 05/27/2005

38 ORDER re 36 MOTION for Sanctions filed by Equal Employment Opportunity Commission, Motion Hearing set for 4/27/2005 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Cnsl for deft as well as deft's chief executive officer are ORDERED to attend in person; cnsl for pltf may appear by telephone. Signed by Judge Roger B Cosbey on 4/18/05. (lrm, ) (Entered: 04/18/2005)
39 MOTION to reset Hearing by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/20/2005)
40 ORDER granting 39 Motion to Reset Hearing by Plaintiff Equal Employment Opportunity Commission. Motion Hearing reset for 4/28/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Signed by Judge Roger B Cosbey on 4/20/2005. (lns, ) (Entered: 04/20/2005)
41 MOTION to reset 4/28/05 hearing by Defendant Butterworth Industries Inc. (lrm, ) (Entered: 04/26/2005)
42 ORDER granting 41 Motion to Reset Motion Hearing re 36 Motion for Sanctions re-set for 5/25/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. No further extensions will be granted. Signed by Judge Roger B Cosbey on 4/26/05. (lrm, ) (Entered: 04/26/2005)
43 MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Second Request for Production# 2 Exhibit B-Letter)(Farnsworth, Jo Ann) (Entered: 05/19/2005)
44 MEMORANDUM in Support of 43 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 05/19/2005)
45 CERTIFICATE of Informal Attempt to Settle Discovery Dispute. (Farnsworth, Jo Ann) (Entered: 05/19/2005)
46 ORDER re 43 MOTION to Compel filed by Equal Employment Opportunity Commission. Motion Hearing set for 5/25/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. (wsy) (Entered: 05/19/2005)
47 Minute Entry for proceedings held before Judge Roger B Cosbey : Motion Hearing held on 5/25/2005 re 43 MOTION to Compel filed by Equal Employment Opportunity Commission and 36 MOTION for sanctions. Both motions are granted and terminated: Plaintiff counsel to file the affidavit for attorney fees by 5/31/05. Defendant to deliver to plaintiff the requested documents by 5/27/05. Defendant to submit to the Court a certification from Frank Butterworth's physician as to why he was unable to attend today's hearing. Mr. Butterworth, Susan Butterworth and counsel to be present at the 6/2/05 hearing. The issue of attorney fees and the compliance with discovery will be heard. Motion Hearing (Amount of sanctions/compliance w/discovery) set for 6/2/2005 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. (Tape #71) (wsy) (Entered: 05/25/2005)
48 MOTION for Attorney Fees by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 05/27/2005)
49 CERTIFICATE Declaration of Jo Ann Farnsworth. (Farnsworth, Jo Ann) (Entered: 05/27/2005)

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50 JOINT MOTION to Approve and Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission, Defendant Butterworth Industries Inc. (lns, ) (Entered: 06/16/2005)
51 CONSENT DECREE, granting 50 MOTION to Approve and Enter Consent Decree filed by Equal Employment Opportunity Commission, Butterworth Industries Inc. Signed by Judge William C Lee on 6/17/2005. (lns, ) (Entered: 06/17/2005)

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