I

1 WILLIAM R. TAMAYO, CA SBN 084965 DAVID F. OFFEN-BROWN CA SBN 063321

0 7 'Ill!'

~'.

~

2

ELIZABETH U.S. EQUAL

EEMSPPALROZYAM-CEENRTVOAPNPTOERST, UCNAITSYBNCO2 0M5M4I1SiSIO~

t·<c.'Js,~~lQchOO

3 San Francisco District Office

350 The Embarcadero, Suite 500

4 San Francisco, CA 94105-1260

Telephone No. (415) 625-5658

5 Fax No. (415) 625-5657 6 Attorneys for Plaintiff

I INAL

7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF HAWAll

10 EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION,

12

Plaintiff,

v.

13

CHAMINADE UNIVERSITY.

14

Defendant.

15

CIVIL ACTION NO.
b 13
COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.c. §§ 2000e, et seq.) .

16

17 JURY TRIAL DEMAND
18

19

20

NATURE OF THE ACTION

21

This is an action under Title VII of the Civil Rights Act of 1964 and Title Iof

22 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

23 sex, female, and to provide appropriate relief to Chie McCaughey who was adversely

24 affected by such practices. As alleged below, Defendant, Chaminade University

25 subjected Chie McCaughey to sex discrimination by withdrawing a job offer within

26 one business day after learning that she was pregnant.

27

28

! Application for adrnission~ as federal government attorney, to the bar of the U,S. District Court for the District of

"'saMMEO

1

JURISDICTION AND VENUE

2 1. Jurisdiction of this Courtis invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343, and 1345. This action is authorized and instituted pursuant to section 706(f)(1)

4 and (3) ofTitle VII of the Civil Rights Act of 1964, as amended (Title VII), 42 U.S.C.

5 §2000e-5(f)(l) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C.

6 §1981a.

7 2. The employment practices alleged to be unlawful were and are now being

8 committed within the County of Honolulu in the State of Hawaii which is within the

9 jurisdiction of the United States District Court for the District of Hawaii

10

PARTIES

11 3. Plaintiff, Equal Employment Opportunity Commission ("EEOC"), is the agency 12 of the United States of America charged with the administration, interpretation, and 13 enforcement of Title VII and is expressly authorized to bring this action by section 14 706(f) (I) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(l) and (3). 15 4. At all relevant times, Defendant, Chaminade University has continuously been 16 doing business in the State of Hawaii and the City of Honolulu and has continuously 17 had at least fifteen employees.

18 5. At all relevant times, Defendant Chaminade University has continuously been

19 an employer engaged in an industry affecting commerce within the meaning of section

20 70 I (b), (g), and (h) ofTitie VII, 42 U.S.c. §2000e-(b), (g), and (h).

21

STATEMENT OF CLAIMS

22 6. More than thirty days prior to the institution of this lawsuit, Chie McCaughey

23 filed a charge of discrimination with the EEOC alleging violations of Title VII by

24 Defendant Chaminade University. All conditions precedent to the institution of this

25 lawsuit have been fulfilled.

26 7. Since at least February 4, 2004, Defendant Chaminade University has engaged

27 in unlawful employment practices at its Honolulu, Hawaii job site in violation of

28 section 703(a)(I) of Title VII, 42 U.S.C. §2000e-2(a). These practices include
2.

1 denying Chie McCaughey a position as Off Campus Program Coordinator on the basis

2 of her pregnancy and gender, female.

3 8. The effect of the practices complained of in paragraph 7 abovehas been to

4 deprive Ms. McCaughey of equal employment opportunities and otherwise to

5 adversely affect her status as an employee because of her pregnancy and gender,

6 female.

7 9. The unlawful employment practices complained of in paragraph 7 above were 8 and are intentional.

9 10. The unlawful employment practices complained of in paragraph 7 above were

10 and are done with malice and/or reckless disregard for the federally protected rights of

1I Ms. McCaughey.

12

PRAYER FOR RELIEF

13

WHEREFORE, the Commission respectfully requests that this Court:

14

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

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

16 engaging in any employment practice which discriminates on the basis of gender.

17

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

18 and programs which provide equal employment opportunities for its female

19 employees and which eradicate the effects of its past and present unlawful

20 employment practices.

21

C. Order Defendant Employer to make whole Ms. McCaughey, by

22 providing appropriate backpay with prejudgment interest, in amounts to be determined

23 at trial, and other affirmative relief necessary to eradicate the effects of its unlawful

24 employment practices, including but not limited to rightful place hiring and front pay.

25

D. Order Defendant Employer to make whole Ms. McCaughey by providing

26 compensation for past and future pecuniary losses resulting from the unlawful

27 employment practices described above, including medical expenses, with interest, in
28 amounts to be determined at trial.
3.

I

E. Order Defendant Employer to make whole Ms. McCaughey by providing

2 compensation for past and future non-pecuniary losses caused by the above unlawful

3 conduct, including pain and suffering, emotional distress, indignity, loss of enjoyment

4 of life, loss of self-esteem, and humiliation, in amounts to be determined at trial.

5

F. Order Defendant Employer to pay Ms. McCaughey punitive damages for its I

6 malicious and reckless conduct described above, in amounts to be determined at trial.

7

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

8

H. Award the Commission its costs in this action.

9

JURY TRlAL DEMAND

10

The Commission requests a jury trial on all questions of fact raised by its

II complaint.

12

13

Respectfully submitted

14

15

JAMES LEE

16

Deputy General Counsel

17 18 19 20 Date: 21 22

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

~,

/~

vrj r/

#. WILLIAM TAMAYO

Regional Aftcirney

23

DAVID F. O~F§l:I!-BROWN

24 25
26

;~~UP/ViSO~ 7;Attorn~e~/4

/

'~I.~A:&-R/~~NTES -

-
/

////'v/i:

.

"f/'/

~-/
________,

lal Attorney

-

27

U. S. EQUAL EMPLOYMENT

28

OPPORTUNITY COMMISSION

4.

UNITED STATES DISTRICT COURT
District of Ilawaii

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Plaintiff

v

SUMMONS IN A CIVIL ACTION

CHAMINADE UNIVERSITY, Defendant

CASl NUMBER

06 00 13 6

Mary Civille Wesselkamper Chaminade University 3140 Waialae Avenue Honolulu, HI 96816

Agent for Service of Process

YOl! ARE HEREBY SlilVlMONED and required to ,cr\c Oil PL\INTlFF'S ATTORNEY """"e",d"dd",,)
William R. Tamayo David F Offen'Brown Elizabeth Esparza,Cervantes EEOC, San Francisco District Office 350 The Embarcadero, Suite 500 San FranCISco, CA 94105

an anS\\Cf to the complaint \\ hich is s(r\Ce! Oil \('" \\ ith this SUllllllons, within

20

days aflcr service

of this summons on y.'otL c:\cJusi\ \: (lflhc da:- or :",(':1"\'ICC. J(you fail to do ;-.,o. judglllcnt by dd~H11t \\ ill he taken against:- ou

for the fclicfdcm;}ndcd in the ct)mplaint. :\n: altsWCr th;u: otJ ,>en e ~)fl the parties to Ihis action mlbl be filed \\ ilb tlk'

Clerk of this ('uurl \\iihin a rcastmable pcrilld nflllllc Jflcr sen ICC

 
 WILLIAM R. TAMAYO, CA SBN 084965 DAVID F. OFFEN-BROWN, CA SBN 063321 ELIZABETH ESPARZA-CERVANTES, CA SBN 205412 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 Telephone No. (415) 625-5658 Fax No. (415) 625-5657 Elizabeth.Esparza-Cervantes@eeoc.gov
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT DISTRICT OF HAWAII

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, ) )

CIV NO. CV-06-00136-SPK-BMK

Plaintiff,

)

) )

CONSENT DECREE

vs.

)

)

CHAMINADE UNIVERSITY,

)

)

Defendant.

)

)

)

)

)

)

INTRODUCTION

1. Plaintiff U.S. Equal Employment Opportunity Commission (“Commission”

or “EEOC”) and Defendant Chaminade University of Honolulu

(“Chaminade”), hereby stipulate and agree to entry of this Consent Decree to

resolve the EEOC’s Complaint filed under Title VII of the Civil Rights Act

of 1964 and Title I of the Civil Rights Act of 1991. The EEOC brought the

suit to correct alleged unlawful employment practices on the basis of sex and

to make whole Chie McCaughey who was aggrieved by the alleged unlawful

2 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

practices. The EEOC alleges that Chaminade violated Title VII of the Civil Rights Act of 1964, as amended, by withdrawing an offer to Chie McCaughey (“McCaughey”) for employment as an Off Campus Program Coordinator for its Hickam Airforce Base position because of her pregnancy. 2. Chaminade denies these allegations.
JURISDICTION 3. The Court has jurisdiction over the parties and the subject matter of this
lawsuit, pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, 1345, 1367, and 42 U.S.C. Section 2000e-5(f). The Court shall retain jurisdiction of this action during the duration of the Decree for the purposes of entering all orders, judgments and decrees which may be necessary to implement and/or enforce the relief provided herein or to otherwise effectuate the purposes of the Decree.
PURPOSES AND SCOPE OF THE CONSENT DECREE 4. In the interest of resolving this matter, and as a result of having engaged in
comprehensive settlement negotiations, the Commission and Chaminade (hereinafter referred to as “the Parties”) have agreed that this action should be finally resolved by entry of this Consent Decree. 5. The Parties agree that this Decree constitutes a complete resolution of EEOC Charge No. 378-2005-00153 and the complaint filed in this action. The Decree also constitutes a complete resolution of any and all claims under Title VII that were made or could have been made by the EEOC in this action. It is agreed and ordered that the settlement herein settles any and all claims that could have been included by EEOC in this suit. 6. Nothing in this Decree shall be construed to limit or reduce Defendant’s obligation to comply fully with Title VII or any other federal employment statute.
3 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

7. Nothing in this Decree shall be construed to preclude the EEOC or Defendant from enforcing this Decree pursuant to its terms in the event any party has failed to perform the promises and representations contained herein. EFFECTIVE DATE AND DURATION OF DECREE
8. The provisions and agreements contained herein are effective immediately upon the date on which this Decree is entered by the Court (“the Effective Date”).
9. Except as otherwise provided herein, the Decree shall remain in effect for four (4) years after the Effective Date. MONETARY RELIEF
10. In settlement of the EEOC’s claims, Chaminade shall pay to Chie McCaughey the gross sum of $50,000 (Fifty-Thousand Dollars and No Cents).
11. The monetary relief for Ms. McCaughey shall be issued in one check made payable to Ms. McCaughey and delivered by certified mail to Ms. McCaughey at her home address. Chaminade shall make payment in the form of a business check, cashier’s check, or certified check. Chaminade also will issue an IRS Form 1099, for the settlement amount of $50,000, at the same time it issues the check to facilitate her payment of any applicable taxes.
12. Payment shall be made no later than ten (10) days after the effective date of this Consent Decree.
13. Chaminade shall send a copy of the check to the EEOC at the following address: Elizabeth Esparza-Cervantes, Equal Employment Opportunity Commission, 350 The Embarcadero, Suite 500, San Francisco, CA 94105.
/// ///
4 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

INJUNCTIVE RELIEF EEO Policies 14. Chaminade’s Equal Employment Opportunity Policies (“EEO Policies”) must expressly prohibit discrimination on the basis of pregnancy. Chaminade shall advise applicants of the EEO Policies, and state that violation of the EEO Policies may result in disciplinary action. Chaminade’s EEO Policies must: (i) include definitions of pregnancy discrimination, with specific reference to pregnancy in hiring; (ii) include examples to supplement the definitions of pregnancy discrimination; (iii) provide for substantial and progressive discipline and/or corrective action for employees who engage in pregnancy discrimination; (iv) prohibit retaliation against employees who seek information about their rights as pregnant employees or who complain that they may face or are facing discrimination based on their pregnancy; (v) provide for substantial and progressive discipline for incidents of retaliation; (vi) provide that complaints of pregnancy discrimination and/or retaliation will be investigated irrespective of whether they are made verbally or in writing or whether they are made by applicants or employees; (vii) provide a timetable for commencing an investigation after a complaint is made or received and for remedial action to be taken, if appropriate, upon conclusion of an investigation; and (viii) indicate that, promptly upon the conclusion of the investigation of a complaint, Chaminade will communicate to the complaining party the results of the investigation and the remedial actions taken or proposed, if any. A. Chaminade shall effectively disseminate its EEO policies by:
1) Posting the revised policy on Chaminade’s intranet, which is available to all current employees, within 30 days of its adoption and providing a notice to Chaminade employees (a)
5 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

that the revised policy is available on the intranet, and (b) summarizing the revisions to the policy; and 2) Providing access to the revised policy to new employees or applicants for employment. 3) Requiring that each employee who receives a copy of the policies and procedures sign a statement acknowledging their receipt of the policies. B. In the event that Chaminade decides to revise the pregnancy provisions of its EEO policies and procedures during the term of the decree, Chaminade will submit a copy of the revised EEO policies to the EEOC for its review at least thirty (30) days before the anticipated date of implementation. The EEOC will notify Chaminade within fourteen (14) days of receipt of the revised policies if it has any concerns about the proposed revisions.
COMPLAINT PROCEDURES 15. Chaminade shall maintain a complaint procedure designed to encourage
employees to come forward with complaints about violations of its pregnancy discrimination policy. As part of the policy, Chaminade shall provide its employees with convenient, confidential and reliable mechanisms for reporting incidents of pregnancy discrimination and retaliation. Chaminade’s complaint procedure policy shall notify applicants and employees that they can lodge a complaint with the Human Resources Department and shall provide the name and telephone numbers for the Human Resources employee responsible for addressing the complaint. Contact information for the Human Resources Department also shall be continuously posted in a prominent place at all of Chaminade’s business locations.
6 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

A. Chaminade will submit a copy of the complaint procedures to the EEOC at the same time it submits its certification of completion of training as required below. TRAINING
16. Anti-Discrimination Training. Within ninety (90) days of entry of this decree, Chaminade will develop and present to all employees at least one hour of training on sex discrimination and retaliation related to employment, providing a focus on pregnancy discrimination. The cost of the training will be borne by Chaminade.
17. The training described in the preceding paragraph shall be provided by individuals with established experience in the area of employment discrimination, pregnancy discrimination and retaliation under Federal law. The training will include examples of pregnancy discrimination, particularly pregnancy discrimination in hiring and retaliation which violates federal anti-discrimination statutes. The training will further inform each participant that he or she is responsible for knowing and complying with the contents of Chaminade’s EEO Policies. A. Thirty (30) days in advance of the training Chaminade shall provide to the EEOC a copy of the course syllabus, outline, or Power-Point™ slides for the training. Following the training session, all participants shall be given a questionnaire through which they will be asked to critique the training and to provide suggestions to improve future trainings. B. Chaminade will retain records of the training session, listing the date on which it held the training and identifying the persons who attended and those who did not attend. Chaminade will provide a copy of these records, the training materials and the completed post-training
7 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

questionnaire to the EEOC within thirty (30) days of completion of the training. 18. Training of Employees With Hiring Duties: For all persons involved in interviewing and hiring applicants for employment, Chaminade shall also provide at least one hour of training on discrimination and retaliation under Title VII, including half an hour on pregnancy discrimination, focusing on prohibited conduct and areas of inquiry. Thereafter, subsequently hired or promoted employees who are given hiring duties shall receive such training within sixty (60) days of their hire or promotion into the position that has an interviewing and/or hiring duty. The purpose of said training shall be to give participants a thorough understanding of issues related to pregnancy discrimination, including, but not limited to theories of liability under Title VII, sources of legal protection for pregnant applicants and employees and the employer’s obligation to take preventive, investigative and remedial action with respect to complaints of pregnancy discrimination and to review university policies (including discipline policies) and practices related to pregnancy discrimination and retaliation. The training also shall inform supervisors and managers of their responsibilities under Chaminade’s EEO Policies and shall specifically instruct them regarding the supervisor accountability provisions in paragraph 20, below. The cost of the training shall be borne by Chaminade. 19. Acknowledgment of Training Attendance: All persons attending mandatory pregnancy discrimination training pursuant to this Consent Decree shall sign an acknowledgment of their attendance at the training, the date thereof, and their position with the company. Chaminade shall retain the originals of these acknowledgments and provide the EEOC with copies thereof.
8 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

POLICIES DESIGNED TO PROMOTE SUPERVISOR ACCOUNTABILITY
20. Communication of Potential Discipline for Engaging in Discrimination. Chaminade shall impose substantial discipline, up to and including termination, suspension without pay or demotion, upon any supervisor, manager or employee with interviewing and/or hiring duties who Chaminade determines has engaged in sex discrimination, including discrimination based on pregnancy, or permits any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliates against any person who complains or participates in any investigation or proceeding concerning such conduct. Chaminade shall communicate this policy to all of its supervisors, managers or employees with interviewing and/or hiring duties (hereafter collectively referred to as “supervisors and managers”). A. Chaminade shall advise all managers and supervisors of their duty to actively monitor their work areas to ensure employee compliance with the company’s EEO Policies, and to report any incidents and/or complaints of pregnancy discrimination and/or retaliation of which they become aware to the department charged with handling such complaints. B. Chaminade shall communicate this policy to all other supervisors and managers at the time they are hired or promoted to supervisor/manager and subsequently, on an annual basis. REPORTS TO THE COMMISSION
21. Training Report: Within thirty (30) days of completion of the training required by this Consent Decree, Chaminade will send the EEOC verification of its completion of training for its employees in the form of a sworn declaration of completion from an agent of the university and copies
9 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

of the acknowledgments of training signed by attendees, see paragraph 19, supra. 22. Pregnancy Discrimination Complaint Reports: Within six (6) months after entry of this Decree, and every six months thereafter: A. Chaminade shall submit to the EEOC San Francisco District Office
copies of all complaints alleging pregnancy discrimination which have been made by Chaminade applicants and employees, since entry of this Decree or since Chaminade’s submission of the immediately preceding report hereunder. Chaminade shall submit to the EEOC San Francisco District Office a statement describing the allegations of each complaint and the result of the investigation of each complaint B. Chaminade will also provide the EEOC information that identifies the name, address and telephone number of the complainant and identify the person who received the complaint. A copy of all records, documents and other writings relevant to such complaints and investigations shall be maintained by Chaminade throughout the effective period of the Consent Decree and will be made available to the Commission within ten (10) days following a written request from the Commission to Chaminade.
MODIFICATION AND SEVERABILITY 23. This Consent Decree comprises the full and exclusive agreement of the
parties with respect to the matters discussed herein. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing and approved by all the Parties to this Decree, except that any substantive change, modification or amendment of any provision of this Consent Decree shall require approval by the Court. 24. If one or more provisions of the Decree are rendered unlawful or unenforceable, the Parties shall make good faith efforts to agree upon
10 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

appropriate amendments to this Decree in order to effectuate the purposes of such provisions. In any event, the remaining provisions will remain in full force and effect unless the purposes of the Decree cannot, despite the Parties’ best efforts, be achieved. 25. By mutual agreement of the Parties, this Decree may be amended or modified in the interest of justice and fairness in order to effectuate the provisions of this Decree. ADMINISTRATION AND IMPLEMENTATION OF CONSENT DECREE 26. Defendant shall bear all costs associated with their obligations under this Consent Decree, except as set forth herein.
COSTS AND ATTORNEYS’ FEES 27. Each party shall bear its own costs of suit and attorneys’ fees.
COUNTERPARTS AND FACSIMILE SIGNATURES 28. This Decree may be signed in counterparts. A facsimile signature or an e-
mail of a scanned signature shall have the same force and effect of an original signature or copy thereof. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, IT IS ORDERED, ADJUDGED AND DECREED that: 29. This Court has jurisdiction over the subject matter of this action and over the Parties for the purposes of entering and enforcing this Consent Decree for a period of four (4) years from entry of this Decree. The Complaint asserts claims that, if proven, would authorize the Court to grant the relief set forth in this Decree. This Court will retain jurisdiction over this Decree for all purposes until the expiration of Chaminade’s obligations as set forth herein. 30. This Consent Decree is final and binding upon the Parties, their successors and assigns.
11 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

31. The terms and provisions of this Decree are adequate, fair, reasonable, equitable and just. The rights of the Parties and the public interest for which the EEOC seeks redress are protected adequately by this Decree.
32. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interest of the Parties. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE
33. This Consent Decree shall terminate four (4) years from the date of entry by the court, unless the Commission petitions this court for an extension of the Decree because of noncompliance by Chaminade. If the Commission determines that Chaminade has not complied with the Decree, the Commission will provide written notification of the alleged breach to Chaminade and will not petition the court for enforcement sooner than sixty (60) days after providing written notification. The sixty-day period following written notice shall be used by the parties for good faith efforts to resolve the issue. If the Commission petitions the court and the court finds Chaminade to be in substantial violation of the terms of the Consent Decree, the court may extend this Consent Decree.
/// /// /// /// /// /// /// ///
12 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

34. Except as provided in the preceding paragraph, four (4) years after the entry of this Consent Decree, this lawsuit will be dismissed with prejudice, provided that the Chaminade has complied substantially with the terms of this Consent Decree. Chaminade will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree that Chaminade has failed to comply with any of the terms of this Decree.

On Behalf Of Plaintiff: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
_______________________ William R. Tamayo

On Behalf of Defendant: CADES SCHUTTE LLP
_______________________ James H. Ashford

David F. Offen-Brown

Elizabeth Esparza-Cervantes
IT IS SO ORDERED DATED: June 19, 2007.

_____________________________ Samuel P. King Senior United States District Judge

13 CONSENT DECREE CASE NO. CV-06-00136-SPK-BMK

 
 Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 1 of 7
ADM CLOSED,CLOSED
U.S. District Court District of Hawaii (Hawaii) CIVIL DOCKET FOR CASE #: 1:06−cv−00136−SPK−BMK

Equal Employment Opportunity Commission v. Chaminade University Assigned to: JUDGE SAMUEL P KING Referred to: Judge BARRY M. KURREN Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 03/09/2006 Date Terminated: 03/12/2010 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by David F. Offen−Brown US Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero Ste 500 San Francisco, CA 94105−1260 415 625−5649 Fax: 415 625−5657 Email: David.Offen−Brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Esparza−Cervantes U.S. Equal Employment Opportunity Commission Los Angeles District Office 255 East Temple Street Fourth Floor Los Angeles, CA 90012 213−894−1068 Fax: 213−894−1301 Email: elizabeth.esparza−cervantes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Esperanza−Cervantes U. S. Equal Employment Opportunity Commission 350 The Embarcadero Ste 500 San Francisco, CA 94105−1260 415−625−5658 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William R. Tamayo US Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero Ste 500 San Francisco, CA 94105−1260 415 625−5651 Email: William.Tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Chaminade University

represented by James H. Ashford Estate Planning Group

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 2 of 7
Ala Moana Pacific Center, 1585 Kapiolani Blvd Suite 1111 Honolulu, Hi 96814 521−9200 Email: jashford@cades.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neill T. Tseng Estate Planning Group Ala Moana Pacific Center, 1585 Kapiolani Blvd Suite 1111 Honolulu, Hi 96814 521−9200 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christian K. Adams Carlsmith Ball LLP Honolulu American Savings Bank Tower 1001 Bishop St Ste 2100 Honolulu, HI 96813 523−2500 Email: cadams@amkhawaii.com TERMINATED: 03/12/2010

Date Filed 03/07/2006 03/07/2006 04/20/2006 05/12/2006 05/22/2006
05/26/2006 05/26/2006 05/30/2006 05/30/2006 05/31/2006

# Docket Text
1 COMPLAINT − Civil Rights Employment Discrimination (42 USC 2000e, et seq); Summons (issued) − filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(emt, ) (Entered: 03/09/2006)
2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/5/2006 before JUDGE BARRY M. KURREN − Signed by Judge HELEN GILLMOR on 3/7/06. (emt, ) (Entered: 03/09/2006)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Chaminade University waiver sent on 3/17/2006, answer due 5/16/2006. (Esparza−Cervantes, Elizabeth) (Entered: 04/20/2006)
4 Defendant's ANSWER to Complaint Filed March 7, 2006 by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/12/2006)
5 REPORT of Planning Meeting per Fed. R. Civ. P 26 (f) and [Proposed Order] − by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 5/23/2006 to add text (emt, ). Modified on 5/23/2006 (emt, ). (Entered: 05/22/2006)
6 Scheduling Conference Statement by Chaminade University. (Ashford, James) (Entered: 05/26/2006)
7 CERTIFICATE OF SERVICE by Chaminade University re 6 Scheduling Conference Statement (Ashford, James) (Entered: 05/26/2006)
8 Scheduling Conference Statement by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 05/30/2006)
9 SUPPLEMENT re 5 Report of Planning Meeting, filed by Equal Employment Opportunity Commission, by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/30/2006)
10 INITIAL DISCLOSURE by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/31/2006)

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 3 of 7

06/05/2006
10/31/2006 11/15/2006 11/21/2006 12/12/2006 02/07/2007 02/07/2007
02/07/2007 02/07/2007 02/07/2007 02/07/2007 02/07/2007
02/07/2007 02/07/2007

11 EP: Rule 16 Scheduling Conference held on 6/5/2006. Jury Selection/Trial set for 09:00 AM on 7/10/2007 before JUDGE SAMUEL P KING. Final Pretrial Conference set for 5/29/2007 09:00 AM before JUDGE BARRY M. KURREN. Settlement Conference set for 4/26/2007 02:00 PM before JUDGE BARRY M. KURREN. Motions due by 2/7/2007. Discovery due by 5/11/2007. (Court Reporter No Record.) (Judge BARRY M. KURREN )(tbf, ) (Entered: 06/05/2006)
12 CERTIFICATE OF SERVICE by Chaminade University re First Combined Discovery Requests to Plaintiff (Ashford, James) (Entered: 10/31/2006)
13 CERTIFICATE OF SERVICE by Chaminade University re Response to Plaintiff's Request for Production of Documents and Interrogatories (Ashford, James) (Entered: 11/15/2006)
14 CERTIFICATE OF SERVICE by Chaminade University re Notice of Taking Deposition of Chie McCaughey Upon Oral Examination (Ashford, James) (Entered: 11/21/2006)
15 NOTICE by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission of Unavailability of Counsel for Plaintiff Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 12/12/2006)
16 MOTION for PARTIAL Summary Judgment or to Strike Five Defenses & Notice of Motion by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 (ecs, ). (Entered: 02/07/2007)
17 Declaration re 16 MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion Declaration of Elizabeth Esparza−Cervantes. (Attachments: # 1 Exhibit 1−Charge of Discrimination# 2 Exhibit 2−Notice of Charge# 3 Exhibit 3−Position Statement# 4 Exhibit 4−Letter of Determination# 5 Exhibit 5−Conciliation Failure Letter# 6 Exhibit 6 Complaint# 7 Exhibit 7 Answer# 8 Exhibit 8− Discovery Responses)(Esparza−Cervantes, Elizabeth) (Entered: 02/07/2007)
18 MOTION for Partial Summary Judgment of Five Defenses & Motion to StrikeCONCISE STATEMENT OF FACTS re: Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 add link 16 and clarify title of pleading (ecs, ). (Entered: 02/07/2007)
19 MOTION for Summary Judgment re Failure to Mitigate Damages by Chaminade University. (Attachments: # 1 Main Document Defendant's Motion for Summary Judgment re Failure to Mitigate Damages# 2 Memorandum Memorandum in Support of Motion# 3 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)
20 CONCISE STATEMENT in Support of Defendant's Motion for Partial Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Affidavit of James H. Ashford# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)
21 MOTION for Partial Summary Judgment re Punitive Damages by Chaminade University. (Attachments: # 1 Memorandum in Support of MPSJ# 2 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)
22 CONCISE STATEMENT in Support Motion for Partial Summary Judgment re Punitives filed by Chaminade University. (Attachments: # 1 Declaration Streeter# 2 Declaration Lee# 3 Affidavit Harrison# 4 Affidavit McCall# 5 Affidavit Adams# 6 Exhibit A# 7 Exhibit B# 8 Exhibit C# 9 Exhibit D# 10 Exhibit E# 11 Exhibit F# 12 Exhibit G# 13 Exhibit H# 14 Exhibit I# 15 Exhibit J# 16 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)
CORRECTIVE ENTRY. Exhibit 1 of Docket number 17 contains personal identifiers. Counsel is advised to refer to the "Amended General Order Adopting Electronic Case Filing Procedures", section 11 − 11.1 "Personal Identifiers" through 11.3 "Responsibilty of Counsel".(ecs, ) (Entered: 02/09/2007)
CORRECTIVE ENTRY. The entry docket number 18 MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 4 of 7

02/08/2007
03/13/2007 03/14/2007 03/26/2007 03/26/2007 03/26/2007 03/26/2007
03/27/2007 03/27/2007 03/27/2007 03/27/2007

filed by Equal Employment Opportunity Commission was filed incorrectly using the wrong event (Motions). Since the pleading is a not a Motion but a Concise Statement of Facts re: Motion for Partial Summary Judgment, the proper event to use is "Concise Statement of Facts", which can be found under "Motions & Related Filings/Responses and Replies". Please also link the Concise Statement to the Motion when prompted. Docket entry 18 will be terminated by CRM and entry 18 will be modified and linked to 16 by the Clerk's Office. (ecs, ) (Entered: 02/09/2007)
23 NOTICE of Hearing on Motions'− 16 −MOTION for Summary Judgment or to Strike Five Defenses, 21 −MOTION for Partial Summary Judgment re Punitive Damages, 18 −MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS and 19 −MOTION for Summary Judgment re Failure to Mitigate Damages set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (lls, ) (Entered: 02/08/2007)
24 EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion set for 4/20/2007 continued to 4/19/2007 @l0:00 a.m. before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/13/2007)
25 EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/14/2007)
26 MEMORANDUM in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 Motion for Patitial Summary Judgment re: Punitive Damages (ecs, ). (Entered: 03/26/2007)
27 CONCISE STATEMENT in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 (ecs, ). (Entered: 03/26/2007)
28 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 26 Memorandum in Opposition to Motion ;Concise Statement of Facts; and Esparza−Cervantes Declaration (Esparza−Cervantes, Elizabeth) (Entered: 03/26/2007)
CORRECTIVE ENTRY. No link to pleading re: entry docket number 26 Memorandum in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages and 27 Concise Statement in Opposition to Motion. For future filings, the filing party is reminded to "link" responsive pleadings to the appropriate motion/pertinent document. The Office of the Clerk has modified the docket text to create the "link" to the Partial Motion. (ecs, ) (Entered: 03/27/2007)
29 RESPONSE in Opposition to Defendant's Partial Motion for Summary Judgment Re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)
30 CONCISE STATEMENT in Opposition Defendant's Motion for Partial Summary Judgment re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)
31 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission For EEOC's Opposition to Defendant's Motion for Partial Summary Judgment re: Mitigation (Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
32 Declaration Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 5 of 7

03/27/2007 03/27/2007 03/27/2007 03/27/2007 03/27/2007 03/27/2007 04/02/2007 04/02/2007 04/02/2007 04/02/2007 04/02/2007 04/05/2007
04/06/2007

33 Declaration re 27 Concise Statement in Opposition to Motion for Partial Summary Judgment re: Punitive Damages. (Attachments: # 1 Exhibit a# 2 Exhibit B# 3 Errata I# 4 Errata J# 5 Exhibit H# 6 Exhibit G# 7 Errata G)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
34 Additional Exhibits to 33 Declaration, Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C# 2 Exhibit C# 3 Exhibit C# 4 Exhibit C# 5 Exhibit C# 6 Exhibit C)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
35 Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit D# 2 Exhibit D# 3 Exhibit D# 4 Exhibit D# 5 Exhibit D# 6 Exhibit D# 7 Exhibit D)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
36 Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit E# 2 Exhibit E# 3 Exhibit F# 4 Exhibit F# 5 Exhibit F)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
37 Errata re 32 Declaration of Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation. (Attachments: # 1)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)
CORRECTIVE ENTRY − No Cover Sheet (Counsel ID, case number, parties, case caption, document description) included for entry docket numbers 36 Additional Exhibits, 35 Additional Exhibits 34 Additional Exhibits that would clarify the filing of these additional exhibits, filed by Equal Employment Opportunity Commission. (ecs, ) (Entered: 03/28/2007)
38 RESPONSE in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)
39 CONCISE STATEMENT in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages (Supplemental Statement) filed by Chaminade University. (Attachments: # 1 Declaration of James H. Ashford# 2 Exhibit D# 3 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)
40 Errata re 29 Response in Opposition to Motion, 35 Additional Exhibits, 34 Additional Exhibits, 30 Concise Statement in Opposition to Motion, 33 Declaration, 31 Certificate of Service, 36 Additional Exhibits, 32 Declaration, And Request that Court Accept Documents Docketed Numbers 29 to 36. (Esparza−Cervantes, Elizabeth) (Entered: 04/02/2007)
41 REPLY to Response to Motion re 21 MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)
42 CONCISE STATEMENT in Support Motion for Partial Summary Judgment Re: Punitive Damages Filed 2/7/07 (Supplemental) filed by Chaminade University. (Attachments: # 1 Declaration of Christian K. Adams# 2 Declaration of Frank Damm# 3 Exhibit K# 4 Exhibit L# 5 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)
43 EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 @l0:00 a.m. will now be set for 2:00 p.m. on the same date before JUDGE SAMUEL P KING. Judge King has decided to attend the District Conference in the morning and is not available for Hearings set in the morning. (Judge SAMUEL P KING )(lls, ) (Entered: 04/05/2007)
44 Errata to Defendant's Supplemental Statement of Facts in Support of its Motion for Partial Summary Judgment re: Punitive Damages Filed 2/7/07. (Attachments: # 1

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 6 of 7

04/11/2007
04/11/2007 04/13/2007
04/20/2007 04/20/2007 04/26/2007 04/27/2007 04/27/2007 04/30/2007 05/02/2007 05/03/2007 05/16/2007 05/29/2007

Declaration of Frank Damm# 2 Certificate of Service)(Adams, Christian) Modified on 4/9/2007 to add link to 42 . (ecs, ). (Entered: 04/06/2007)
45 STIPULATION TO DISMISS FIRST, THIRD, FOURTH, SIXTH AND EIGHTH DEFENSES OF DEFENDANTS ANSWER FILED ON MAY 12, 2006 AND ORDER 16 . Signed by Judge SAMUEL P KING. (ecs, ) [Defendant dismisses the First Defense
(Failure to State a Claim Upon Which Relief Can Be Granted), Third Defense (Waiver, Estoppel and Laches), Fourth Defense (Statute of Limitations), Sixth Defense (Failure to Exhaust Administrative Remedies) and Eighth Defense (Punitive Damages Barred by Constitution) asserted in Defendants Answer to Complaint. Parties further stipulate and agree that each party will bear its own attorneys fees and costs related to the dismissed defenses, and to the EEOCs claims at issue in Defendants motions for
partial summary judgment regarding punitive damages and mitigation. (Entered: 04/11/2007)
COURT'S CERTIFICATE of Service − a copy of 45 Stipulation to Dismiss First, Third, Fourth, Sixth and Eight Defenses of Defendants Answer has been served by First Class Mail to the addresses of record on 4/11/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/11/2007)
46 EP:Motions' Hearing held on 4/13/2007−Re 19 −MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. 21 −MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. Motions' Terminated. Plaintiff's Counsel−Elizabeth Esparza−Cervantes−Present and Defendants Counsel−James Ashford and Christian Adams−Present. (Court Reporter Debra Chun.) (Judge SAMUEL P KING )(lls, ) Modified on 4/16/2007 (lls, ). (Entered: 04/16/2007)
47 RULE 16 SCHEDULING ORDER: Signed by Judge BARRY M. KURREN on 4/19/07. (ecs, ) (Entered: 04/20/2007)
COURT'S CERTIFICATE of Service − a copy of 47 Rule 16 Scheduling Order has been served by First Class Mail to the addresses of record on 4/20/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/20/2007)
48 EP: Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 2 − 3:35) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)
49 CERTIFICATE OF SERVICE by Chaminade University for Notice of Taking Deposition of Raymond J. Griffin, Jr., Upon Oral Examination; Noticeo of Taking Deposition of Mary Bartholomew Upon Oral Deposition (by Telephone); Notice of Taking Deposition Upon Oral Examination Pursuant to FRCP Rule 30(b)(6) (EEOC Representative) (Ashford, James) (Entered: 04/27/2007)
50 EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 8:35 − 8:45) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)
51 CERTIFICATE OF SERVICE by Chaminade University for First Amended Notice of Taking Deposition of Mary Bartholomew Upon Oral Examination by Telephone (Ashford, James) (Entered: 04/30/2007)
52 EO: Further Settlement Conference is set for 5/3/2007 at 11:30 AM Hawaii time before JUDGE BARRY M. KURREN. Mr. Ashford and Ms. Esparza−Cervantes to participate by phone. (Judge BARRY M. KURREN)(rwy) (Entered: 05/02/2007)
53 EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 11:30 − 11:45) (Judge BARRY M. KURREN)(rwy) (Entered: 05/03/2007)
54 NOTICE of Hearing:Status Conference Re−Resetting the Trial, Final PreTrial Conference, PreTrial Statement and Trial related Deadlines set for 5/29/2007 09:00 AM before JUDGE BARRY M. KURREN. Judge S. King is unavailable for the Trial Date of July 10, 2007.(lls, ) (Entered: 05/16/2007)
55 EP: Status Conference Re Dates − case close to settlement. Elizabeth Esparza−Cervantes to notify court when the settlement is finalized. Court will then set

Case: 1:06-cv-136 As of: 03/30/2018 07:45 AM HST 7 of 7

06/07/2007 06/12/2007 06/20/2007
03/12/2010

a Status Conference by which time a Stipulation for Dismissal shall be filed. (FTR−Ctrm C6 no record, 9:20 − 9:24) (Judge BARRY M. KURREN)(rwy) (Entered: 05/29/2007)
56 SETTLEMENT AGREEMENT IN THE FORM OF [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 06/07/2007)
57 EO:Jury Selection/Jury Trial to follow set for 7/10/2007 is hereby vacated per 56 −Settlement Agreement in the Form of [Proposed) Consent Decree. (Judge SAMUEL P KING )(lls, ) (Entered: 06/12/2007)
58 CONSENT DECREE 56 . Signed by Judge SAMUEL P KING on 6/19/07. (Consent Decree prepared by counsel) . [This Court has jurisdiction over the subject matter of this action and
over the Parties for the purposes of entering and enforcing this Consent Decree for a period of four (4) years from entry of this Decree. The Complaint asserts claims that, if proven, would authorize the Court to grant the relief set forth in this Decree. This Court will retain jurisdiction over this Decree for all purposes until the expiration of Chaminades obligations as set forth herein. This Consent Decree shall terminate four (4) years from the date of entry by the court, unless the Commission petitions this court for an extension of the Decree because of noncompliance by Chaminade. If the Commission determines that Chaminade has not complied with the Decree, the Commission will provide written notification of the alleged breach to Chaminade and will not petition the court for enforcement sooner than sixty (60) days after providing written notification. The sixty−day period following written notice shall be used by the parties for good faith efforts to resolve the issue. If the Commission petitions the court and the court finds Chaminade to be in substantial violation of the terms of the Consent Decree, the court may extend this Consent Decree. Except as provided in the preceding paragraph, four (4) years after the entry of this Consent Decree, this lawsuit will be dismissed with prejudice, provided that the Chaminade has complied substantially with the terms of this Consent Decree. Chaminade will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree
that Chaminade has failed to comply with any of the terms of this Decree.](ecs, ) (Entered: 06/20/2007)
59 ORDER ADMINISTRATIVELY CLOSING ACTION. Signed by JUDGE SAMUEL P KING on 3/12/10. ~ For administrative purposes only, this action is closed without prejudice.
The action is subject to reopening for further matters upon appropriate motion or filing by any party or by notice from the Court, and as contemplated by the terms of the June 2007 consent decree. The Clerk
shall terminate this action from the active docket, without issuing a judgment. (ecs, )
CERTIFICATE OF SERVICE
Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class
mail on the date of this docket entry (Entered: 03/12/2010)