Case 4:02-cv-00105-RAS Document 1 Filed 04/08/2002 Page 1 of 5

F I LED
U.S. DISTRICT COURT EASTERN DISTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

APR _ 0 2002
U

SHERMAN DIVISION

DAVID J. MALt,NO, CLERK
B~PlJTY\~cf :m(tIIXA...,

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

CIVIL ACTION NO. .(j: 02UJ lOS

}

Plaintiff,

}

}

v.

}

}

FARRIS CONCRETE COMPANY

}

}

}

}

Defendant.

}

JURY TRIAL DEMAND

}

PLAINTIFF EEOC'S COMPLAINT NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Teresa Cheshier. The Equal Employment Opportunity Commission alleges that the Defendant, Farris Concrete Company (hereinafter "Defendant"), violated Title VII when Defendant subjected Teresa Cheshier to a sexually hostile work environment and when Defendant constructively discharged Teresa Cheshier.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to §§ 706(f)(1) & (3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.c. § 2000e-5 (f)(1) & (3)

\

Case 4:02-cv-00105-RAS Document 1 Filed 04/08/2002 Page 2 of 5
and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981A. The employment practices alleged to be unlawful were and are now being committed within the State of Texas.
PARTIES 2. 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 §706(f)(1) & (3) of Title VII, 42 U.S.C. § 2000e -5(f)(1) & (3). 3. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas and the City of Melissa, and has continuously had at least fifteen (15) employees. 4. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section, (g) and (h) of Title VII, 42 U.S.C. § 2000e- (b), (g) and (h).
STATEMENT OF CLAIMS 5. More than thirty days prior to the institution of this lawsuit, Teresa Cheshier filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 6. Since at least March 25, 2000, the Defendant has engaged in unlawful employment practices in its facility in Melissa, Texas, in violation of Section 703 of Title VII,
42 u.s.c. Section 2000e-2 by subjecting Teresa Cheshier to sexual harassment. As a result of
the sexual harassment, the conditions of her employment were made so intolerable that she was forced to resign her position.
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7. Since at least November, 6,2000, Defendant has engaged in unlawful employment practices in its facility in Melissa, Texas, in violation of Section 703 of Title VII, 42 U.S.c. Section 2000e-2 by constructively discharging Teresa Cheshier.
8. The practices complained of above were intentional and designed to deprive Teresa Cheshier of equal employment opportunities and otherwise adversely affect her status as an employee.
9. The unlawful employment practices complained of above were committed with malice or with reckless indifference to the federally protected rights of Teresa Cheshier.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex, or which facilitates, condones, or encourages employees to create a hostile work environment on the basis of sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Teresa Cheshier and other employees and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Teresa Cheshier 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, including but not limited to rightful place reinstatement of Teresa Cheshier or front pay in lieu thereof.
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D. Order the Defendant to make whole Teresa Cheshier by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7.
E. Order the Defendant to make whole Teresa Cheshier by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6 and 7, including, but not limited to emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial.
F. Order the Defendant to pay Teresa Cheshier punitive damages for its malice or reckless indifference to Ms. Cheshire's federally protected rights described above in paragraphs 6 and 7, in amounts 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.
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JURY TRIAL DEMAND The Commission requests a Jury Trial on all questions of fact raised by its complaint.
Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel
SUZANNE M. ANDERSON Acting Regional Attorney Texas State Bar No. 14009470
TOBYW. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720
DAVID RIVELA Trial Attorney Texas State Bar No. 00797324 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston Street, 3rd Floor Dallas, TX 75202-4726 Phone: (214) 655 -3358 Fax: (214) 655-3363 (fax)
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 Case 4:02-cv-00105-RAS Document 50 Filed 01/05/2004 Page 1 of 11

FI L EB
IN THE UNITED STATES DISTRICT COURTEAS~E~~~~~~t¥8~~1XAS

FOR THE EASTERN DISTRICT OF TEXAS

JAN" 5 2004

SHERMAN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

§

ffir DAVID J. MALANO, CLERK

3~pllTY

crl[11 ttL

COMMISSION,

§

Plaintiff,

§

§

VS.

§

CAUSE NO. 4:02cv105

§

FARRIS CONCRETE COMPANY,

§

Defendant.

§

§

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and Farris Concrete Company ("Farris") in the United States District Court for the Eastern District of Texas, Sherman Division, with regard to the EEOC's Complaint filed on April 8, 2002 ("EEOC Complaint"), in Civil Action No.4: 02CV105. The EEOC Complaint was based upon Charge of Discrimination Number 310A10829 filed by Teresa Cheshier ("Cheshier") against Farris Concrete Company (the "Charge"). The EEOC Complaint alleges that Farris violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Cheshier to a sexually hostile work environment. Farris denies all of the EEOC's allegations against Farris. The EEOC, Cheshier, and Farris agree to compromise and settle

CONSENT DECREE
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-,
the differences embodied in the EEOC Complaint, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree").
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in the EEOC Complaint and/or the Charge. This Consent Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the Charge and the EEOC Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charge.
2. The parties agree that this Consent Decree does not constitute an admission by Farris of any liability or wrongdoing. Farris expressly denies any violation of local, state or federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended, or Title I of the Civil Rights Act of 1991.
3. Nothing in this Consent Decree shall be construed to expand, limit or reduce Farris' obligation to comply with Title VII of the Civil Rights Act of 1964, as amended.

CONSENT DECREE
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Case 4:02-cv-00105-RAS Document 50 Filed 01/05/2004 Page 3 of 11
4. Farris agrees that all duty assignments, disciplinary actions, and other terms and conditions of employment shall be maintained and conducted in a manner which does not discriminate on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991. Farris will maintain a workplace environment free from sexual harassment, as that term is defined in the Sexual Harassment Policy appended hereto as Attachment "Au.
5. Farris agrees to post its Sexual Harassment Policy appended hereto as Attachment "AU in a conspicuous place upon the premises of the affected facility where notices to employees, applicants for employment, members and trainees are customarily posted within ten (10) days after the entry of this Consent Decree. Farris will report to the EEOC that it has complied with this requirement within (fourteen) 14 days after posting the notice(s). The posting of the notice(s) is to inform applicants and employees about sexual harassment and retaliation. EEOC's agreement that Attachment "AU be posted is in no wayan endorsement or approval of the specific sexual harassment and retaliation policy as an effective anti-sexual harassment and anti-retaliation policy. The notice(s) will remain posted during the two year pendency of this Consent Decree.
6. Within three months after the Consent Decree is entered, Farris agrees to conduct Sexual Harassment Training for all

CONSENT DECREE
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Case 4:02-cv-00105-RAS Document 50 Filed 01/05/2004 Page 4 of 11
employees, managers, supervisory personnel and officers of Farris at the affected facility. The training will advise employees of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe they have experienced sexual harassment. The training will advise employees, including supervisors and managers, of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of sexual harassment and gender discrimination. The training shall be at least two hours in duration. The training may be conducted by the EEOC or by a private party. Within ten (10) days after the training is conducted, Farris agrees to give written notice to the EEOC as to the date and location of the training, the name of the person providing the training and the sUbstance of the training. I f the EEOC conducts the training, the required notice will be waived.
7. Farris agrees to remove from all personnel files of Cheshier all documents, entries and references relating to: the facts and circumstances which led to the filing of the Charge; the Charge itself; and the EEOC Complaint. Farris shall send written notice to the EEOC wi thin thirty (30) days after expungement, stating that it has complied with the requirements of this paragraph.

CONSENT DECREE
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8. Farris agrees to provide a neutral employment reference for Cheshier limited to the dates of her employment and whether or not she is eligible for re-employment.
9. Farris agrees that there shall be no discrimination of any kind against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge, giving testimony .or assistance or participating in any manner in any investigation, proceeding or hearing under Title VII.'
10. Farris agrees to pay Cheshier the amount of $15,000.00 to resolve all claims for damages arising out of the Charge and/or the EEOC Complaint. Cheshier will assume full responsibility to all state and federal taxing authorities for any tax consequences to Cheshier, if any, including interest, sanctions or penalties regarding income or other taxes, and further agrees to hold harmless Farris for any such tax consequences.
11. The payment referenced in paragraph 10 above shall be made as follows:
(a) $5,000.00 shall be paid upon the signing of this Consent Decree;
(b) $5,000.00 shall be paid on or before March 31, 2004; and (c) $5,000.00 shall be paid on or before June 30, 2004. 12. The payments due on March 31, 2004 and June 30, 2004 shall be made by check payable to Cheshier, and shall be sent by first class mail to Cheshier at P. O. Box 274, Anna, Texas 75409.

CONSENT DECREE
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A copy of the check shall be sent to EEOC attorney Keri L. Mallon, or any other EEOC supervisor which the EEOC designates in writing to receive said copy. The payments shall be considered to be made timely if mailed on or before the due dates specified above.
13. All reports to the EEOC required by this Consent Decree shall be sent to Keri L. Mallon, Trial Attorney, EEOC, third floor, 207 S. Houston, Dallas, Texas 75202.
14. If Farris fails to tender payment or otherwise fails to timely comply with the terms of paragraph 11 above, Farris shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the non-compliance or delay of Farris.
15. Neither the EEOC, Cheshier nor Farris shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Consent Decree shall be construed to preclude the EEOC from enforcing this Consent Decree in the event that Farris fails to perform the promises and representations contained herein.
16. Cheshier shall not bring suit or join in any suit against Farris with respect to the allegations contained in the Charge and/or the EEOC Complaint, or any acts or allegations reasonably

CONSENT DECREE
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· ,

related to the Charge and/or the EEOC Complaint, or falling within

the scope of the EEOC's investigation of the Charge and/or the EEOC

Complaint.

17. The EEOC shall not bring further suit or intervene in any

suit against Farris based upon the Charge and/or the EEOC

Complaint, any of the allegations contained therein, the EEOC's

investigation of the Charge and/or EEOC Complaint, or the

underlying facts.

18. The parties to this Consent Decree agree to bear their

own costs and attorney's fees associated with the Charge and/or the

EEOC Complaint.

19. The term of this Consent Decree shall be for two (2)

years.

SO ORDERED, ADJUDGED AND DECREED this

day of

~ik14. JIJiI
U.S. DISTRICT COURT JUDGE

AGREED AS TO FORM AND SUBSTANCE:

Signed this

day of -------------------, 2003.

ATTORNEY FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

S. ERIC DREIBAND General Counsel

ROBERT A. CANINO Regional Attorney

CONSENT DECREE
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· .'

Case 4:02-cv-00105-RAS Document 50 Filed 01/05/2004 Page 8 of 11

Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

KERI L. MALLON Senior Trial Attorney Colorado State Bar No. 27392 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3326 (214) 655-3331 FAX

ATTORNEY FOR DEFENDANT,
FARRIS CONCRETE COMPANY
~~5B~~

State Bar No. 02780000

~

BOYD'VEIGEL, P. C.

P.O. Box 1179

McKinney, Texas 75070

(972) 562-9700

(972) 562-9600 (FAX)

CONSENT DECREE
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.'
ATTACHMENT "A"

Case 4:02-cv-00105-RAS Document 50 Filed 01/05/2004 Page 10 of 11
· -
NOTICE TO ALL EMPLOYEES

POLICY: Discrimination ofany kind can and often will detract from employees' job performance, discourage employees from remaining on the job, keep employees from advancing in their careers, and lower overall employee morale and productivity. This company is a place of business, and employees are expected to conduct themselves accordingly. It is the policy of this company that gender discrimination in the form ofsexual harassment and retaliation are unacceptable conduct and will not be condoned.
PURPOSE: It is the purpose ofthis policy to reaffirm and amplify the position ofTitle VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission's guidelines on gender discrimination and to reiterate this company's policy on discrimination.
SCOPE: This policy extends to all employees of this company, both management, nonmanagement, and temporary/probationary.
DEFINITION: Sexual harassment has been defmed as follows: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (l) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect ofunreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual conduct, either verbal or physical.
Examples of behavior that may constitute sexual harassment include, but are not limited to, the following:
• Hugging, grabbing or any type of unnecessary touching of another person. • Acting like you are going to touch another person's genitalia or buttocks. • Making unwelcome sexual advances. • Foul or obscene language ofa sexual nature, including jokes. • Requests for sexual favors whether in exchange for benefits or otherwise.
RESPONSIBILITY: Each manager and supervisor has a responsibility to maintain a workplace free of sexual harassment. Each level of management is responsible for ensuring that all personnel policies, procedures, and activities are in full compliance with applicable federal, state, and local equal employment laws, statutes, rules, and regulations regarding gender discrimination and sexual harassment. Employees are expected to read, understand, and follow this company's policies against discrimination, especially sexual harassment. Managers and supervisors have the duty to discuss this policy with all employees and assure them that they are not to endure insulting, degrading, or exploitive sexual treatment.

NOTICE TO ALL EMPLOYEES
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·,.
REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to gender discrimination, including sexual harassment, is expected to report the alleged act as soon as possible to either that person's immediate supervisor, any supervisor or manager with this company, or to the person designated to receive such complaints. The person designated to receive such complaints for this company is LEROY WATSON and may be contacted at 8280 Highway 5 North, Melissa, Texas 75454 , or by telephone at 972.838.4400 . Supervisors and mangers who are informed ofan alleged incident ofgender discrimination, including sexual harassment, must immediately notify MIKEFARRIS by telephone at 972.838.2217 .
A person either alternatively, or in addition to reporting such an allegation to company officials, may contact the U. S. Equal Employment Opportunity Commission for the purposes of filing a charge of employment discrimination. The address and telephone number ofthe U.S. EEOC office is 207 S. Houston Street, Third Floor, Dallas, Texas 75202; (214)655-3355. Information about your rights and how to file a charge is available on the Internet at www.eeoc.gov.
INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by MIKE FARRIS OR HIS DESIGNEE . The investigation may include interview of all employees and supervisors at the facility, the inspection of documents, including personnel records, and full inspection of the premises.
PUNISHMENT FOR VIOLATION: Employees engaged in gender discrimination can expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have discriminated against another employee will be subject to appropriate sanctions, depending on the circumstances, from a written warning in his or her personnel file, up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person has opposed what they believe to be unlawful employment practices or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding, or hearing under Title VII ofthe Civil Rights Act of 1964. This company will not punish you for reporting gender discrimination simply because you have made a complaint under the above guidelines.
PROTECTION OF PRIVACY: The question ofwhether a particular action or incident constitutes gender discrimination requires a determination based on all available facts. This company will therefore make a concerted effort to protect the privacy of all personnel. Confidential information will be shared on a need-to-know basis to complete the investigation and to deal appropriately with the situation.
EXCEPTIONS: There are no exceptions to this policy.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE.

NOTICE TO ALL EMPLOYEES
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CLOSED, FRC, JURY, STAGE2
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Sherman) CIVIL DOCKET FOR CASE #: 4:02-cv-00105-RAS

EEOC v. Farris Concrete Co Assigned to: Judge Richard A. Schell Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Mediator Robert W Faulkner
Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 04/08/2002 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert W Faulkner JAMS 8401 North Central Expressway Suite 610 Dallas, TX 75225 214/744-5267 Fax: 214/720-6010 Email: rfaulkner@jamsadr.com PRO SE
represented by David C Rivela Equal Employment Opportunity Commission - (San Antonio) 5410 Fredericksburg Rd, Ste 200 San Antonio, TX 78229 210-281-7619 Fax: 210-281-7669 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keri Lyn Mallon EEOC 207 South Houston Street Dallas, TX 75202 214/655-3326 Fax: 12146553331 Email: keri.mallon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Farris Concrete Company

represented by William Maston Boyd Boyd & Veigel PO Box 1179 218 E Louisiana McKinney, TX 75070 972-562-9700 Fax: 19725629600 Email: bill@boyd-veigel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/08/2002 04/08/2002 04/08/2002 04/08/2002
06/06/2002 06/17/2002 06/17/2002 06/21/2002
07/23/2002
07/25/2002 08/20/2002 08/22/2002 08/27/2002 08/29/2002

#

Docket Text

1 Original Complaint filed. Cause: 42:2000 Job Discrimination (Sex) (ttm) (Entered: 04/08/2002)
Magistrate consent forms mailed to EEOC . (ttm) (Entered: 04/08/2002)
Summons(es) issued for Farris Concrete Co; returned to atty for service (ttm) (Entered: 04/08/2002)
2 ORDER referring case to Magistrate Judge Robert W. Faulkner to handle pretrial proceedings (copy file sent) ( signed by Judge Paul Brown ) cc:atty on 4-8-02 (ttm) (Entered: 04/08/2002)
3 WAIVER OF SERVICE Returned Executed as to Farris Concrete Co 4/17/02 Answer due on 6/17/02 for Farris Concrete Co (ttm) (Entered: 06/06/2002)
4 Answer to original complaint by Farris Concrete Co (ttm) (Entered: 06/17/2002)
Magistrate consent forms mailed to Farris Concrete Co . (ttm) (Entered: 06/17/2002)
5 ORDER for mgt cnf, set management conference for 9:30 8/13/02 before Magistrate Judge Robert W. Faulkner ( signed by Magistrate Judge Robert W. Faulkner 6-21-02) cc:attys on 6-21-02 (ttm) (Entered: 06/21/2002)
6 Notice of Hearing: reset management conference for 11:30 8/27/02 before Magistrate Judge Robert W. Faulkner cc: attys of record 7/23/02 (former empl) (Entered: 07/23/2002)
7 Notice of attorney appearance for EEOC by Keri L Mallon (ttm) (Entered: 07/25/2002)
8 Notice of initial disclosure by Farris Concrete Co (ttm) (Entered: 08/20/2002)
Duplicate copy file to staff atty (ttm) (Entered: 08/22/2002)
MANAGEMENT CONFERENCE held before Magistrate Judge Robert W. Faulkner (lab) (Entered: 08/28/2002)
9 Docket Control Order setting all motions to amend pleadings by 10/4/02 for Farris Concrete Co, for EEOC ; It is not necessary to file a motion for leave to amend before the deadline to amend pleadings. It is necessary to file a motion for

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08/29/2002 11/08/2002 11/22/2002 12/18/2002
12/18/2002
12/30/2002 12/30/2002 01/06/2003 01/16/2003
01/17/2003
02/07/2003 02/24/2003

leave to amend after the deadline date. Obtain court approval of Expert witnesses by filing written request with the Clerk on or before 11/22/02 for Farris Concrete Co, 11/8/02 for EEOC ; Expert reports shall be furnished 12/9/02 and any objections to the opinions contained in any report should be filed with the Court 12/23/02; Discovery Completion Deadline 2/14/03; Deadline for filing of all dispositive motions 2/28/03 for Farris Concrete Co, for EEOC with all other motions, including motions in limine, to be filed by 4/14/03; Responses to dispositive motions to be filed by 3/14/03; Joint Pretrial order and any trial briefs to be submitted on or before 4/14/03 for Farris Concrete Co, for EEOC ; Jury selection begins on 7/7/03; Jury instructions due by 4/14/03 for Farris Concrete Co, for EEOC ; Jury trial on 7/7/03 (case to be tried when reached); Final pretrial conference at 9:00 a.m. on 6/20/03 for Farris Concrete Co, for EEOC. Total Trial Time 3 days (Pla 1.5 days and Dft 1.5 days) ( signed by Magistrate Judge Robert W. Faulkner on 8/28/02) cc: attys 8/29/02 (raf) (Entered: 08/29/2002)
9 ORDER, set discovery due for 2/14/03 ( signed by Magistrate Judge Robert W. Faulkner on 8/28/02) cc: attys 8/29/02 (raf) (Entered: 08/29/2002)
10 Request for court approval of expert witness by EEOC (ttm) (Entered: 11/08/2002)
11 Request for approval of expert witnesses by Farris Concrete Co (ttm) (Entered: 11/25/2002)
12 ORDER granting [11-1] requested approval of expert Susan Hance Sorrells ( signed by Magistrate Judge Robert W. Faulkner 12-17-02) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)
13 ORDER granting [10-1] requested approval of Dr John Connolly ( signed by Magistrate Judge Robert W. Faulkner 12-17-02 ) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)
14 ORDER, transferring case to Judge Richard Schell ( signed by Judge Paul Brown 12-30-02) cc:attys and Judge Schell on 12-31-02 (ttm) (Entered: 12/30/2002)
Case reassigned to Judge Richard A. Schell (ttm) (Entered: 12/30/2002)
Copy file to Judge Schell, copy of order transfering to Judge Faulkner (ttm) (Entered: 01/06/2003)
15 ORDER rescheduling final pretrial conferenece dates, reset pretrial conference for 7/7/03 before Judge Richard A. Schell All other deadlines and requirements in existing docket control order shall remain in effect ( signed by Judge Richard A. Schell 1-14-03 ) cc:attys on 1-16-03 (ttm) (Entered: 01/16/2003)
16 Fax noticing receipt of Order #15 to attorney William Maston Boyd for defendant Farris Concrete Co, Ken Lyn Mallon for plaintiff EEOC 1-17-03 8:26 am. (ttm) (Entered: 01/17/2003)
17 AGREED MOTION by EEOC, Farris Concrete Co to extend time on deadlines (ttm) (Entered: 02/07/2003)
19 General ORDER 03-4, referring case to Magistrate Judge Don D. Bush ( signed by Judge John Hannah Jr. 2-24-03 ) cc:attys on 3-6-03 (ttm) (Entered: 03/06/2003)

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03/05/2003
04/22/2003 05/01/2003
06/02/2003 06/20/2003 07/01/2003 07/07/2003 07/14/2003 07/18/2003
07/22/2003 07/23/2003 07/25/2003 08/13/2003 08/20/2003 08/20/2003

18 AMENDED Scheduling order setting following deadlines: Jury selection date will be determined at final pretrial conf ; Final Pretrial conference on 9/8/03 ; Final Pretrial order due on or before 8/1/03 for Farris Concrete Co, for EEOC ; Jury instructions due by 8/1/03 for Farris Concrete Co, for EEOC ; Deadline for Motions in Limine 7/25/03 for Farris Concrete Co, for EEOC ; Deadline for filing of all motions to transfer, remand, dismiss, sumjgm or other dispositive motions by 6/30/03; Pretrial dislcousre shallbe made by pltf by 6-30-03 and dft by 7-7-03; Discovery cutoff 5/31/03 ; Amend, join, implead parties by 10/4/02 ; Mediation to be Completed by 8/1/03 ; Join parties by 10/4/02 ; ( signed by Judge Richard A. Schell 3-4-03 ) cc:attys on 3-5-03 (ttm) (Entered: 03/05/2003)
20 Agreed MOTION by Farris Concrete Co to continue final pretrial conf (ttm) (Entered: 04/22/2003)
21 ORDER granting [20-1] motion to continue final pretrial conf, reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell All other deadlines shall remain the same ( signed by Judge Richard A. Schell 4-30-03) cc:attys on 5-1-03 (ttm) (Entered: 05/01/2003)
Mail returned: [21-1] order reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell, [21-2] relief addressed to EEOC atty David Rivela stamped "not at this address" (ttm) (Entered: 06/02/2003)
22 Notice by Farris Concrete Co of withdrawal of expert witness designation (ttm) (Entered: 06/20/2003)
23 Pretrial disclosures pursuant to FRCP 26(a)(3) (ttm) (Entered: 07/01/2003)
24 Dfts pretrial disclosures (ttm) (Entered: 07/08/2003)
25 Response by Farris Concrete Co to [23-1] pretrial disclosures (ttm) (Entered: 07/14/2003)
26 Order referring case to Robert W Faulkner as mediator Mediation conference to be held on or before 8/1/03 for Farris Concrete Co, for EEOC ( signed by Judge Richard A. Schell 7-17-03 ) cc:attys on 7-21-03 and docket sheet to Robert Faulkner (ttm) (Entered: 07/18/2003)
27 Response (objections) by EEOC to [24-1] dft pretrial disclosures (ttm) (Entered: 07/23/2003)
Terminated document #17-1; moot per Order (de#18) per law clerk (lab) (Entered: 07/23/2003)
28 Motion by EEOC with memorandum in support in limine (ttm) (Entered: 07/25/2003)
29 Response by Farris Concrete Co to [28-1] motion in limine (ttm) (Entered: 08/14/2003)
30 ORDER, to withdraw [26-1] referral/referred order to Magistrate Judge Don Bush ( signed by Judge Richard A. Schell 8-15-03 ) cc:attys on 8-20-03 (ttm) Modified on 08/20/2003 (Entered: 08/20/2003)
CASE NO LONGER REFERRED TO Magistrate Judge Don D. Bush (ttm) (Entered: 08/20/2003)

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09/09/2003 09/09/2003 09/18/2003 09/23/2003 10/06/2003 10/06/2003
10/07/2003
10/08/2003 10/15/2003 11/07/2003 11/13/2003 11/18/2003
12/03/2003 12/03/2003 12/08/2003
12/09/2003
12/12/2003

31 Proposed pre-trial order received from EEOC, Farris Concrete Co (ttm) (Entered: 09/09/2003)
32 Proposed Jury instructions by EEOC, Farris Concrete Co (ttm) (Entered: 09/09/2003)
33 Pretrial hearing & Trial scheduling set at 11:00 10/6/03 before Judge Richard A. Schell (pad) (Entered: 09/19/2003)
34 Mediation Report filed by Wayne E. Lee. Mediation result: impasse (sjs) (Entered: 09/23/2003)
Final Pre-trial conference held before Judge Richard A. Schell (pad) (Entered: 10/07/2003)
35 Minutes Re: pre-trial conference & trial scheduling by Judge Richard A. Schell on 10/6/03. Pla's motion in liminf is granted in part and denied in part. An order will be entered. (Ct rep/ECRO: Jerry Kelley) (pad) (Entered: 10/07/2003)
36 Notice of Hearing: set jury selection for 9:00 1/12/04 before Judge Richard A. Schell , and set Jury trial for 9:00 1/12/04 before Judge Richard A. Schell (pad) (Entered: 10/08/2003)
37 ORDER granting in part, denying in part [28-1] motion in limine ( signed by Judge Richard A. Schell ) cc:attys on 10/8/03 (pad) (Entered: 10/08/2003)
38 Joint MOTION by EEOC, Farris Concrete Co to extend time of deadline for pretrial evidentiary briefs (ttm) (Entered: 10/16/2003)
39 Brief in support of admissibility of dfts trial exhibits and other evidence filed by Farris Concrete Co (ttm) (Entered: 11/07/2003)
40 Trial Brief objecting to the admissibility of TWC documents and statemetn by Richard Henry, deceased filed by EEOC (ttm) (Entered: 11/14/2003)
41 Notice of Hearing: reset jury selection for 9:00 1/20/04 before Judge Richard A. Schell , and reset Jury trial for 9:00 1/20/04 before Judge Richard A. Schell (pad) (Entered: 11/18/2003)
42 MOTION by Farris Concrete Co to modify [18-1] Scheduling order (ttm) (Entered: 12/03/2003)
43 MOTION by Farris Concrete Co to shorten pltfs response time to Mot #42 (ttm) (Entered: 12/03/2003)
45 ORDER granting [43-1] motion to shorten pltfs response time to Mot #42 until 12-12-03 ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)
44 ORDER granting [38-1] motion to extend time of deadline for pretrial evidentiary briefs and accepts each parties briefs as filed timely ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)
46 MOTION by EEOC to exceed page limitation resp (objs) to mot to modify amended scheduling order (ttm) (Entered: 12/12/2003)

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12/22/2003 12/22/2003
12/22/2003 01/05/2004
01/05/2004 06/14/2005

47 ORDER denying [42-1] motion to modify [18-1] Scheduling order ( signed by Judge Richard A. Schell ) cc:attys on 12/23/03 (sjs) (Entered: 12/23/2003)
48 ORDER granting [46-1] motion to exceed page limitation resp (objs) to mot to modify amended scheduling order ( signed by Judge Richard A. Schell ) cc:attys on 12/23/03 (sjs) (Entered: 12/23/2003)
49 Response by EEOC to [42-1] motion to modify [18-1] Scheduling order (sjs) (Entered: 12/23/2003)
50 Consent judgment: Dft to pay Cheshier $15,000.00, parties to bear their own costs and attys fees, term of this consent decree shall be 2 years . ( signed by Judge Richard A. Schell 1-2-04 ) cc:attys on 1-7-04 (ttm) (Entered: 01/07/2004)
Case closed (ttm) (Entered: 01/07/2004)
Shipped to FRC, Accession Number 021-05--0101, Location F1002951, Box 26 of 73. [For internal information only - case is either pending and imaged or closed.] (ttm, ) (Entered: 06/14/2005)

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