Eastern District of Kentucky F| LED

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY SEP 2

LEXINGTON DIVISION EQUAL EMPLOYMENT OPPORTUNITY

.AF LEXINGTON LESLIE G WHITMER ~.~.~K U S DISTRICT COURT

COMMISSION,

CIVIL ACTION NO.

Plaintiff,

PHYSICIANS SERVICES, P.S.C.

Defendant.

JURY TRIAL DEMAND

NATURE OF THE ACTION The United States Equal Employment Opportunity Commission (the "Commission") brings this action against Physicians Services, P.S.C. ("PSP’) pursuant to Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, and Title I of the Americans with Disabilities Act of 1990, in order to correct PSP’s unlawful employment practices on the basis of sex, disability, and retaliation, and to provide appropriate relief to Melinda Cochran ("Coehran"), Bonnie Centers ("Centers"), Fran Howard ("Howard") and Sretta Reese ("Reese"), each of whom was adversely affected by such practices. As alleged in paragraph seven below, the Commission alleges that PSP subjected Cochran to harassment because of her sex and disability, and that PSP also retaliated against Coehran, Centers, Howard and Reese when they opposed PSP’s unlawful conduct.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 8§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to §§107(a) and 503 (a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12117(a) and 12203(a), and §§ 704(a) and 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-3(a) and 2000e-5(f)(1) and (3) ("Title VII"), and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Kentucky, Lexington Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and the ADA, and is expressly authorized to bring this action by 88 107(a) and 503(a) of the ADA, 42 U.S.C. §§ 12117(a) and 12203(a), and §§ 704(a) and 706(t")(1) and (3) of Title VII, 42 U.S.C. §§ 2000e3(a) and 2000e-5(f)(1) and (3). 4. Defendant, PSP, is a corporation and at all relevant times has continuously been a corporation doing business in the Commonwealth of Kentucky and the City of Lexington, and has continuously had at least 15 employees. 5. At all relevant times, PSP has been an employer engaged in an industry affecting commerce within the meaning of § 101(5) of the ADA, 42 U.S.C. § 12111(5), §101(7) of the ADA, 42 U.S.C. § 12111(7), and §8 701(b), (g) and (h) of Title VII, 42 U.S.C. §8 2000e(b), (g)
and (h).
2

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Cochran, Centers, Howard, and Rcesc each filed charges with the Commission alleging violations of Title VII, as amended, and Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have bccn fulfilled. 7. From at least October 2003, Defendant engaged in unlawful employment practices at its facility in Lexington and London, Kentucky, in violation of §§ 703(a)(1) and 704 (a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a), and §§ 102(a) and 503(a) of the ADA, 42 U.S.C. §§ 12112(a) and 12203(a). Defendant subjected Cochran to retaliation, constructive discharge and to harassment based on her sex and her disability, and subjected Reese, Howard and Centers to retaliatory constructive discharge for complaining about and opposing PSP’s unlawful conduct. 8. The effect of the practices complained of in paragraph seven above has been to deprive Cochran, Centers, Howard, and Recse of equal employment opportunities and to otherwise adversely affect their respective status as employees of PSP. 9. The unlawful employment practices complained of in paragraph seven above were intentional. 10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the respective federally protected rights of Cochran, Centers, Howard and Reese.

PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining PSP, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation and disability and sexual harassment. B. Order PSP to institute and carry out policies, practices, and programs which provide equal employment opportunities for females and the disabled, and which eradicate the effects of its past and present unlawful employment practices based on sex and disability. C. Order PSP to make Cochran, Centers, Howard, and Reese whole by providing appropriate back-pay with prejudgment interest in amounts to be determined at trial and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order PSP to make Cochran, Centers, Howard, and Reese whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, in amounts to be determined at trial. E. Order PSP to make Cochran, Centers, Howard, and Reese whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including losses resulting from any emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial. F. Order PSP to pay Cochran, Centers, Howard, and Reese punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial.

Go

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

interest.

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

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

Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W.

/

A. YOt a//

~’Regional Attorney ~/

MI~HELLE-EI~EL-E

"

Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
101 W. Ohio St., Suite 1900 Indianapolis, IN 46204-4203

5

Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, Kentucky 40202-2285 (502) 582.5435 (Facsimile)

 
 Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 1 of 13

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY
AT LEXINGTON

CIVIL ACTION NO. 05-393-JMH

ELECTRONICALLY FILED

EQUAL EMPLOYM ENT OPPORTUNITY COMMISSION

PLAINTIFF

AND

MELINDA COCHRAN

INTERVENING PLAINTIFF

V.

PHYSICIANS SERVICES, P.S.C.

DEFENDANT

_________________________________________________________________________________

INTERVENING COMPLAINT

Comes Intervening Plaintiff, Melinda Cochran, by counsel, and for her Intervening Complaint against Defendant, Physicians Services, P.S.C., states as follows:

NATURE OF ACTION
1. This action is brought by Intervening Plaintiff, Melinda Cochran, against Defendant, Physicians Services, P.S.C. (“Physicians Services”), to obtain relief for sexual discrimination and harassment under Title VII and the Kentucky Civil Rights Act, disability discrimination and harassment under the Americans With Disabilities Act and the Kentucky Civil Rights Act, retaliation under Title VII, the Americans With Disabilities Act and the Kentucky Civil Rights Act, breach of contract, wrongful and constructive discharge, and outrage, and to recover compensatory and punitive damages, including, without limitation, damages for pecuniary and non-pecuniary losses, both past and future, and to recover her costs, expenses and attorneys’ fees incurred.
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JURISDICTION AND VENUE
2. This Court has original jurisdiction over this matter pursuant to 42 U.S.C. §1331 in that claims asserted herein arise under the laws of the United States, to-wit: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., and the Americans With Disabilities Act of 1990, 42 U.S.C. §12111, et seq. This Court also has supplemental jurisdiction over state law claims asserted herein pursuant to 28 U.S.C. §1367 because they are so related to the claims arising under the laws of the United States that they form a part of the same case or controversy.
3. The Defendant corporation has its principal place of business within the Lexington Jury Division of the Eastern District of Kentucky and, therefore, is a resident of the Lexington Jury Division, where venue is proper pursuant to LR 3.2(a) and (c).
PARTIES
4. Intervening Plaintiff adopts and incorporates the allegations contained in the Complaint filed by the Equal Employment Opportunity Commission (“EEOC”) herein with regard to identification of the EEOC as a party, and identification of Defendant, Physicians Services, both a corporation and an employer, all as identified in paragraphs 3, 4 and 5 of the Complaint filed herein and which for purposes of incorporation by reference and convenience are set forth below:
a. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and the ADA, and is expressly authorized to bring this action by §§ 107(a) and 503(a) of the ADA, 42 U.S.C. §§ 12117(a) and 12203(a), and §§ 704(a) and 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-3(a) and 2000e-5(f)(1) and (3).
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 3 of 13
b. Defendant, Physicians Services, is a corporation and at all relevant times has continuously been a corporation doing business in the Commonwealth of Kentucky and the City of Lexington, and has continuously had at least 15 employees.
c. At all relevant times, Physicians Services has been an employer engaged in an industry affecting commerce within the meaning of § 101(5) of the ADA, 42 U.S.C. § 12111(5), §101(7) of the ADA, 42 U.S.C. § 12111(7), and §§ 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
5. Intervening Plaintiff is and was at the time of the allegations set forth in the Complaint and herein, a resident of Lexington, Fayette County, Kentucky, and an adult female over the age of 18 years.
CONDITION S PRECEDENT
6. Intervening Plaintiff filed timely charges of discrimination with the EEOC and otherwise fulfilled all prerequisites to bringing this action. A certified copy of the Charge of Discrimination is attached hereto.
7. The EEOC has determined that reasonable cause exists to believe unlawful employment practices occurred with respect to Intervening Plaintiff and initiated this action.
FACTUAL ALLEGATIONS
8. Intervening Plaintiff is a female and was born without a left hand, left wrist, or left forearm, her left arm ending at approximately her left elbow.
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 4 of 13
9. The physical impairment described in the preceding paragraph substantially limits one or more of the major life activities of Intervening Plaintiff.
10. Intervening Plaintiff is and was able to perform the essential functions of her job during her employment by Physicians Services, with or without reasonable accommodation.
11. Intervening Plaintiff began employment with Physicians Services in August, 2002, as an MRI Technician.
12. In the spring of 2003, Intervening Plaintiff was assigned to work in the London, Kentucky offices of Physician Services as an MRI Technologist.
13. Beginning in approximately September or October, 2003, Intervening Plaintiff was subjected to unwelcome, uninvited, offensive, abusive and disparaging comments and conduct of an outrageous nature directed to her by a physician employed in the London, Kentucky office of Physicians Services. Specifically, such comments and conduct were directed at Intervening Plaintiff’s physical disability and/or gender, and included demeaning and derogatory statements of a sexual content.
14. The conduct and comments of the physician were subjectively offensive to Intervening Plaintiff and were likewise objectively offensive.
15. The conduct and comments of the physician were severe and pervasive and substantially and negatively affected the terms and conditions of Intervening Plaintiff’s employment, interfered with her work performance, significantly affected her psychological well being and created a hostile, abusive and offensive work environment.
16. The physician was Intervening Plaintiff’s supervisor, in that he had the authority to control and direct the manner in which she performed her job duties.
4

Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 5 of 13
17. Intervening Plaintiff complained to her immediate supervisor, Karen Reese, on numerous occasions, and Ms. Reese either made excuses for the physician and/or did nothing to cause the harassment to cease.
18. In spite of Intervening Plaintiff’s complaints to Ms. Reese, the unwelcome comments, conduct and harassment by the physician continued.
19. On February 7, 2004, Intervening Plaintiff wrote an anonymous complaint describing the harassment by the physician and sent same to Sretta Reese, the individual identified by Physicians Services as the person who should receive such information.
20. Shortly thereafter, on or about February 16, 2004, Intervening Plaintiff was contacted by Ms. Sretta Reese and Mr. Bill Graves, Practice Manager of Physicians Services. Ms. Sretta Reese and Mr. Graves assured Intervening Plaintiff that they would investigate her complaint, and advised Intervening Plaintiff that they took her complaint very seriously.
21. Upon information and belief, Ms. Sretta Reese and Mr. Bill Graves in fact conducted an investigation which determined that the harassment had occurred and Ms. Sretta Reese recommended that the employment of the harassing physician be terminated.
22. Physicians Services intentionally and maliciously ignored and refused to act upon the results of the investigation conducted by Ms. Sretta Reese and Mr. Bill Graves, thereby permitting the unlawful employment practices to continue, and further retaliated against Intervening Plaintiff for complaining of and opposing same.
23. Approximately two weeks after submission of her anonymous complaint, Intervening Plaintiff was advised by Ms. Karen Reese that Physicians Services had issued a memorandum requiring lab coats to be worn by all employees, no dresses or skirts were to be worn under the lab coats, and threatening termination if complaints deemed untrue or not factual were filed.
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 6 of 13
24. Intervening Plaintiff was told by Karen Reese that the issuance of the memorandum regarding lab coats and complaints was in response to the anonymous complaint. Intervening Plaintiff then told Ms. Karen Reese that she was the complainant.
25. The memorandum did not correct the unlawful employment practices, was not an appropriate remedial measure and constituted further retaliation in the form of punishment and threat against Intervening Complaint for complaining of the unlawful employment practices.
26. On or about March 24, 2004, Intervening Plaintiff was asked to and did attend a meeting with attorneys for Physicians Services at which Intervening Plaintiff was advised that a new investigation was being conducted by them.
27. Beginning on or about March 19, 2004, and for a period of time extending over the next several weeks, various employees of Physicians Services were interviewed outside of the presence of Intervening Plaintiff and away from the premises of Physicians Services. Intervening Plaintiff later learned these interviews were an “investigation” being conducted by an attorney retained by Physicians Services. Intervening Plaintiff was not interviewed, nor was an interview of Intervening Plaintiff requested by Physician Services.
28. As a result of the interviews and other retaliatory conduct on the part of Physicians Services, Intervening Plaintiff was excluded and isolated, made the object of unfair and unwarranted attention, and suffered a substantial and negative effect upon the terms and conditions of her employment, all as a result of her having complained in good faith of the harassment she had experienced.
29. The “investigation” by the attorney, acting as an agent of Physicians Services, was untimely, was not performed in good faith, was not intended to discover the truth of Intervening Plaintiff’s allegations, did not correct the unlawful employment practices, did not result in any remedial measures and was retaliatory.
6

Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 7 of 13
30. On or about April 14, 2004, Intervening Plaintiff attended a meeting between her attorneys, attorneys for Physicians Services, Dr. John Gilbert, Rebecca Gilbert and Karen Reese. At that meeting, Intervening Plaintiff was threatened by the Physicians Services attorney that she would be sued if she pursued her claims, that Intervening Plaintiff’s attorneys were not knowledgeable in the area of employment law, and that she should retain better attorneys who would tell her that her claims were baseless. The Physicians Services attorney then proceeded to provide the name of an attorney he recommended, who would supposedly inform Intervening Plaintiff that her claims were without merit.
31. The threatening conduct of Physicians Services was designed to intimidate, discriminate and retaliate against Intervening Plaintiff because she had opposed unlawful employment practices.
32. Intervening Plaintiff’s work environment became so intolerable that a reasonable person would have been unable to continue to be employed by Physicians Services, and Intervening Plaintiff had no alternative to seeking other employment.
33. Intervening Plaintiff was constructively discharged from employment at Physicians Services in April, 2004, as a result of her opposition to the unlawful employment practices of Physicians Services.
34. The practices and conduct complained of herein by Physicians Services have deprived Intervening Plaintiff of equal employment opportunities and otherwise adversely affected her status as an employee because of her sex, female, because of her disability and because she opposed the unlawful practices described herein.
35. As a result of the practices and conduct of Physicians Services, Intervening Plaintiff has suffered and continues to suffer pecuniary and non-pecuniary losses, both past and future,
7

Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 8 of 13
including, without limitation, embarrassment, humiliation, mental anguish, emotional pain, suffering and distress, inconvenience, loss of enjoyment of life, medical expenses, and lost wages and benefits.
36. The actions of Physicians Services were in gross disregard of the rights of Intervening Plaintiff, and such actions were intentional, oppressive and malicious.
COUNT I: SEXUAL DISCRIMINATION AND HARASSMENT IN VIOLATION OF TITLE VII AND KRS CHAPTER 344 37. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim.
38. Physicians Services is an “employer” under 42 U.S.C. §2000e(b) and KRS 344.030(2); Intervening Plaintiff is an “employee” as that term is defined by 42 U.S.C. §2000e(f) and KRS 344.030(5).
39. The actions of Physicians Services constitute discrimination and harassment against Intervening Plaintiff with respect to the terms, conditions and privileges of employment because of Intervening Plaintiff’s sex, which is female, in violation of 42 U.S.C. §2000e-2(a) and KRS 344.040.
40. Intervening Plaintiff is entitled to recover compensatory and punitive damages pursuant to 42 U.S.C. §1981a and 42 U.S.C. §2000e, et seq., and actual damages pursuant to KRS 344.450.
41. Intervening Plaintiff is entitled to recover her reasonable costs and attorneys’ fees incurred herein pursuant to 42 U.S.C. §1988 and KRS 344.450.
COUNT II: DISABILITY DISCRIMINATION AND HARASSMENT IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT AND KRS CHAPTER 344
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 9 of 13
42. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim.
43. Physicians Services is an “employer” under 42 U.S.C. §12111(5) and KRS 344.030(2); Intervening Plaintiff is an “employee” as that term is defined by 42 U.S.C. §12111(4) and KRS 344.030(5).
44. Intervening Plaintiff has a disability as that term is defined by 42 U.S.C. §12111, et seq., and KRS 344.010(4).
45. Intervening Plaintiff is a qualified individual with a disability under 42 U.S.C. §12111(8) and KRS 344.030(1).
46. The actions of Physicians Services constitute discrimination and harassment against Intervening Plaintiff with respect to the terms, conditions and privileges of employment because of Intervening Plaintiff’s disability, in violation of 42 U.S.C. §12112 and KRS 344.040.
47. Intervening Plaintiff is entitled to recover compensatory and punitive damages pursuant to 42 U.S.C. §12117 and 42 U.S.C. §1981a, and actual damages pursuant to KRS 344.450.
48. Intervening Plaintiff is entitled to recover her reasonable costs and attorneys’ fees incurred herein pursuant to 42 U.S.C. §1988 and KRS 344.450.
COUNT III: RETALIATION IN VIOLATION OF TITLE VII, THE ADA AND KRS CHAPTER 344 49. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim.
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 10 of 13
50. The actions of Physicians Services subsequent to Intervening Plaintiff’s complaints opposing unlawful employment practices were discriminatory and designed to retaliate against Intervening Plaintiff because she had opposed unlawful employment practices.
51. The retaliation by Physicians Services constitutes a violation of 42 U.S.C. §2000e-3, 42 U.S.C. §12203, and KRS 344.280.
52. Intervening Plaintiff is entitled to recover compensatory and punitive damages pursuant to 42 U.S.C. §1981a, 42 U.S.C. §2000e, et seq., and 42 U.S.C. §12117, and actual damages pursuant to KRS 344.450.
53. Intervening Plaintiff is entitled to recover her reasonable costs and attorneys’ fees incurred herein pursuant to 42 U.S.C. §1988 and KRS 344.450.
COUNT IV: BREACH OF CONTRACT
54. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim.
55. At all times relevant to this action, Physicians Services maintained a written company policy strictly forbidding harassment in the work place.
56. Physicians Services intended that its employees, including Intervening Plaintiff, rely upon this policy in continuing their employment with Physicians Services and Intervening Plaintiff did, in fact, so rely.
57. Physicians Services violated and breached this policy in its actions and inactions, in allowing the harassment to occur, in failing to remedy the harassment once it knew or should have
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Case 5:05-cv-00393-JMH Document 28-1 Filed 03/01/2006 Page 11 of 13
known of its occurrence, and in the acts of retaliation ultimately resulting in the constructive discharge of Intervening Plaintiff from employment.
58. Intervening Plaintiff is entitled to recover her actual damages suffered as a result of the breach of the policy by Physician Services, which policy constituted a contract of employment and upon which Intervening Plaintiff relied.
COUNT V: WRONGFUL AND CONSTRUCTIVE DISCHARGE
59. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim.
60. As a result of Intervening Plaintiff’s opposition to the unlawful employment practices of Physicians Services, Physicians Services took actions which caused Intervening Plaintiff’s work environment to become so unbearable and intolerable that a reasonable person would have been unable to continue to remain so employed.
61. A reasonable person would consider the retaliation and the failure and refusal of Physicians Services to take meaningful corrective action to be a termination of Intervening Plaintiff’s employment.
62. Intervening Plaintiff’s discharge was wrongful in that it was against public policy and was due to her opposition to the unlawful employment practices of Physicians Services.
63. Intervening Plaintiff is entitled to recover actual and punitive damages as a result of her wrongful and constructive discharge.
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COUNT VI: OUTRAGE 64. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim. 65. The actions of Physicians Services, through its employees, supervisors and agents, were so outrageous and intolerable that they offend generally accepted standards of decency and morality. 66. The actions and conduct aforesaid were intentional and calculated to cause emotional distress and mental anguish to Intervening Plaintiff. 67. As a result of the outrageous conduct of Physicians Services, Intervening Plaintiff has suffered and continues to suffer severe emotional distress. 68. Intervening Plaintiff is entitled to recover actual and punitive damages as a result of the outrageous conduct of Physicians Services.
COUNT VII: PUNITIVE DAMAGES 69. The allegations set forth in the preceding paragraphs are incorporated by reference as if fully set out verbatim. 70. The actions and conduct of Physicians Services were and are malicious, oppressive and of such a nature as to entitled Intervening Plaintiff to recover punitive damages under both state and federal law.
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WHEREFORE, Intervening Plaintiff, Melinda Cochran, demands relief as follows:
1. That she be awarded compensatory damages for pecuniary and non-pecuniary losses, both past and future, including, without limitation, damages for embarrassment, humiliation, mental anguish, emotional pain, suffering and distress, inconvenience, loss of enjoyment of life, medical expenses, lost wages and benefits, front pay and back pay;
2. That she be awarded punitive damages;
3. That she be granted a trial by jury;
4. That she be awarded her costs, expenses and attorneys’ fees incurred;
5. That the relief sought by the EEOC be granted in full; and
6. That she be awarded any such other relief to which she may appear to be entitled.

J:\Cochran, Melinda\Intervening Complaint Final.wpd

GESS MATTINGLY & ATCHISON, P.S.C.
By: s/Elizabeth S. Hughes Joseph H. Miller Elizabeth S. Hughes
201 West Short Street Lexington, Kentucky 40507 Telephone: (859) 252-9000 Facsimile: (859) 233-4269 Email: jmiller@gmalaw.com Email: ehughes@gmalaw.com ATTORNEYS FOR INTERVENING PLAINTIFF MELINDA COCHRAN

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 Case 5:05-cv-00393-JMH Document 27-1 Filed 03/01/2006 Page 1 of 6

Eastern District of Kentucky
FILED

IN THE UNITED STATE DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION

MAR 0 1 2006
AT LEXINGTON LESLIE G WHiTUER CLERK U S DiSTRiCT COURT

EQUAL EMPLOYMENT OPPORTLJNITY COMMISSION,
Plaintiff,
V.
PHYSICIAN SERVICES, P.S.C. Defendant
SRETTA CLARK, BONNIE CENTERS, FRAN HOWARD,
Intervenors

1 1
) CIVIL ACTION NO. 05-593-JMH
1
)
1
) COh4F’LAlNT-IN- INTERVENTION
1 1
)
1 JURY TRIAL DEMAND
1
)
1
)

*******************

NATURE OF THE ACTION 1. Intervenors Sretta Clark, Bonnie Centers, and Fran Howard, hereinafter sometimes referred to as “intervenors” bring this action to obtain redress for
discrimination due to sexual and disability harassment in the workplace, and retaliatory
demotion and/or constructive discharge from their employment with defendant Physician Services, P.S.C., (hereinafter referred as PSP). The Equal Employment Opportunity Commission (hereinafter sometimes referred to as the “EEOC”), filed suit on behalf of the intervenor-applicants and the public interest and defendant was served on October 5 , 2005.
JURISDICTION AND VENUE
2. Jurisdiction ofthis Court is invokedpursuant to 28 U.S.C. $8 451, 1331,
1337, 1343and 1345. Thisactionis authorized and instituted pursuant to $$107(a)and 503 (a) of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. $4 12117(a)

1

Case 5:05-cv-00393-JMH Document 27-1 Filed 03/01/2006 Page 2 of 6
and 12203(a),and $0 704(a) and 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964,as amended, 42 U.S.C. $9 2000e-3(a) and 20OOe-5(f)(l) and (3) (“Title VII”), and
§ 102of the Civil Rights Act of 1991,42 U.S.C. 8 1981%and the Kentucky Civil Rights
Act, KRS 344, er. seq., and the common law tort of intentional infliction of emotional distress.
3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Kentucky, Lexington Division.
PARTIES 4. Intervenor Sretta Clark, (Reese), was employed by Physician Services in
March 2003 as a Privacy Officer, and was thereafter promoted to a Compliance Officer, and Human ResourcesDirector.
5. Intervenor Bonnie Center was employed by Physician Services in May 2003 as a front desk clerk.
6 . Intervenor Fran Howard was employed by Physician Services in February
2002 as a part-time nurse. 7. Intervenors filed charges with the Equal Employment Opporhm@
Commission on a timely basis against Physician Services. (Certified copies of the EEOC charges of intervenors are attached hereto and incorporated by reference).
8. Defendant, PSP, is a corporation and at all relevant times has continuously been a corporation doing business in the Commonwealth of Kentucky and the City of Lexington, and has continuouslyhad at least 15 employees.
9. At all relevant times, PSP has been an employer engaged in an industry
affecting commerce within the meaning of 0 lOl(5) of the ADA, 42 U.S.C. 5 121I1(5),
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Case 5:05-cv-00393-JMH Document 27-1 Filed 03/01/2006 Page 3 of 6

$101(7) of the ADA,42 U.S.C. 8 12111(7), and $6 701@), (g) and (h) of Title Vn, 42

U.S.C. §§ 2oooe(b), (g) and 0.

CLAIMS

10. From at least October 2003, Defendant engaged in unlawful employment
practices at its facility in Lexington and London, Kentucky, in violation of $8 703(a)(l) and 704(a) of Title VII, 42 U.S.C. $8 2000e-2a(l) and 2000e-3(a), and $8 102(a)and 42

U.S.C. 0 12117(a) and 12203(a), and KRS 344, ef. seq. Defendant subjected Clark,

Howard and Centers to a retaliatory hostile work environment and demotion andor

constructive discharge for participating in an investigation, and complaining about and

opposing PSP’s unlawful conduct.

11. The defendant, through its agents, sought to intentionally induce severe

emotional distress upon the intervenors contrary to state common law. The conduct was

outrageous and intolerable, and offended the generally accepted standards of decency and

morality within our society. Intervenors have suffered severe emotional distress by

defendants, and suffered damages.

12. The effect of the practices complained of in Paragraph 10 above has been

to deprive Centers, Howard and Clark of equal employment opportunities and to

otherwise adversely affect their respective status as employees of PSP.

13. The unlawful employment practices complained of in Paragraph 10 above

were intentional.

14. The unlawful employment practices complained of in Paragraph 10 above

were done with malice or with reckless indifference to Cochran, Centers, Howard, and

Clark’s respective federal and state protected rights.

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PRAYER FOR RELIEF WHEREFORE, the Intervenors respectfdly requests that this Court:
A. Grant a permanent injunction enjoining PSP, its officers, successors,
assigns, and all persons in active concert or participation with it, from engaging in a
hostile work environment based upon disability discrimination and sexual harassment and retaliatory conduct.
B. Order PSP to make Clark, Centers, and Howard whole 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. C. Order PSP to make Clark, Centers and Howard whole by providing each
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Pimgaph 10 above, in amounts to be determined at trial.
D. Order PSP to make Clark, Centers and Howard whole by providing each compensation for past and future non-pecuniary losses resulting h r n the unlawful practices complained of in Paragraph 10 above, including losses resulting from any emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial.
E. Order PSP to pay Clark, Centers and Howard punitive damages for its malicious and reckless conduct described in Paragraph 10 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper.
4

Case 5:05-cv-00393-JMH Document 27-1 Filed 03/01/2006 Page 5 of 6
G. Award the Intervenors their reasonable attorney’s fees and costs of this
action. JURY TRIAL DEMAND
The Intervenors request a jury trial on all questions of fact raised by its Comp1aint-in-Inte.rvention.
Respectfully submitted,
/I
+ifANDREW RUZlC 0
271 W. Shoh Street.,Suite 500
Lexington, KY 40507
(859) 23 1-0926 - office
(859) 254-7096 - fax jruzicho(iihotmail.com COUNSEL FOR INTERVENORS CLARK., CENTERS and HOWARD
CERTIFICATE OF SERVICE
I hereby certify that on this 16* day of November, 2005, a copy ofthe foregoing document
was mailed, postage pre-paid to the following: Jo Ann Farnsworth Senior Trial Attorney EEOC Indianapolis District 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204-4203 R. Gary Winters McCaslin, Imbus & McCaslin
Suite 900, Provident Bank Building
632 Vine Street Cincinnati, OH 45202-2442
5

Case 5:05-cv-00393-JMH Document 27-1 Filed 03/01/2006 Page 6 of 6 Richard A. Getty Getty, Hargadon Miller & Keller PLLC 1900 Lexington Financial Building 250 W. Main Street
I
LOUNSEL FO TERV~NORS
6

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 Case 5:05-cv-00393-JMH Document 29 Filed 03/01/2006 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
LEXINGTON

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. PHYSICIANS SERVICES, P.S.C.,
Defendant.

)

)

) Civil Action No. 5:05-393-JMH

)

)

)

)

)

ORDER

)

)

)

)

** ** ** ** **

Sretta Clark (Reese), Bonnie Centers, and Fran Howard,

Intervenors, by counsel, having filed a motion for a hearing

[Record No. 23] on Defendant’s motion to compel arbitration and

stay all proceedings, and the Court being duly advised,

IT IS ORDERED, that said motion shall come on for hearing in

Courtroom A, United States District Courthouse, Lexington,

Kentucky, on Monday, March 20, 2006, at the hour of 10:30 a.m.,

subject to intervening orders of the Court.

This the 1st day of March, 2006.

 
 Case 5:05-cv-00393-JMH Document 57 Filed 01/19/2007 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

) Civil Action No. 5:05-393-JMH

Plaintiff,

)

)

SRETTA REESE, BONNIE CENTERS, )

FRAN HOWARD, & MELINDA COCHRAN )

)

ORDER

Intervening Plaintiffs, )

)

v.

)

)

PHYSICIAN SERVICES, P.S.C.,

)

)

Defendant.

)

** ** ** ** **

This matter having come before the Court upon a stipulation of

dismissal as to all claims of the Intervening Plaintiffs Sretta

Reese, Bonnie Centers, Fran Howard and Melinda Cochran against

Defendant Physician Services, P.S.C., pursuant to Federal Rule of

Civil Procedure 41(a)(1)(ii) [Record No. 56], and the Court having

considered the pleading and being otherwise sufficiently advised,

IT IS ORDERED, that the Intervening Plaintiffs’ claims be, and

the same hereby are, DISMISSED WITH PREJUDICE.

This the 19th day of January, 2007.

 
 Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 1 of 7

Eastern District of Kentucky

FIRLED

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

-
JAN 2 4 2007

LEXINGTON DIVISION

AT LEXINGTON LESLIE G WHITMER CLERK !J S DlSTRlCT COURT

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

SRETTA REESE, BONNIE CENTERS,

)

FRAN HOWARD, & MELINDA COCHRAN )

)

Intervening Plaintiffs, )
1

V.

)

)

PHYSICIAN’S SERVICES, P.S.C.

)

1

1

1

Defendant.

)

CIVIL ACTION NO. 5:05-393-JMH

CONSENT DECREE The United States Equal Employment Opportunity Commission (the “Commission”) commenced this action against Physician Services, P.S.C. (“PSP”), pursuant to Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 in order to correct PSP’s alleged unlawful employment practices on the basis of sex, disability and retaliation, and to provide appropriate relief to Melinda Cochran, Bonnie Centers, Fran Howard, and Sretta Reese. This action was instituted and authorized pursuant to $$107(a) and 503 (a) of
the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. $9 12117(a) and 12203(a), and $9 704(a) and 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. $8 2000e-3(a) and 2000e-5(f)(l) and (3) (“Title VII”), and 9 102 of the Civil Rights Act
of 1991,42 U.S.C. $ 1981a.

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 2 of 7
The Commission and PSP stipulate to the Court’s jurisdiction over the parties. The intervening Plaintiffs, Melinda Cochran, Bonnie Centers, Fran Howard, and Sretta Reese previously entered into separate settlement and confidentiality agreements with Defendant PSP. The EEOC is not a party to those settlement agreements and as a federal governmental agency has not agreed to confidentiality in this matter. Further, the Commission and PSP desire to resolve Civil Action No. 5:05-393-JMH without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject matter of this action; and [ii] the purpose and provisions of the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 will be promoted and effectuated by the entry of this Decree, and (iii) this Consent Decree resolves all matters and claims
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows: 1. PSP denies any wrongdoing on the basis of any of the allegations set forth in the underlying charge of discrimination filed with the Commission or on the basis of any of the allegations set forth in the Commission’s Complaint. 2. PSP agrees that it and all of its officers, directors, employees, agents, shareholders, members, representatives and any affiliated entity will not discriminate against nor harass any PSP employee on the basis of their sex or disability. 3. PSP 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 Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991, 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 Americans with
2

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 3 of 7
Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991.
4. The term of this Decree shall be for thirty six months (36) months from the date of the execution of this Consent Decree.
5 . PSP agrees to submit periodic reports to the Commission detailing its compliance with this Decree. PSP agrees to submit six (6) semi-annual reports during the term of this Decree. The first report shall be due seven (7) months after the execution of this decree, and the subsequent reports shall be mailed to the Commission no later than the final day of the month of each sixth month after the preceding report and continuing throughout the term of years covered by the Decree.
a. Each semi-annual report shall include the following information for the six (6) month period preceding the report: [i] the name, home address, and home telephone number of any PSP employee filing an internal or external complaint or grievance alleging sexual or disability harassment or discrimination, or retaliation; and [ii] the nature of the complaint and the corrective action taken.
b. All reports shall be directed to Laurie A. Young (or her successor), Regional Attorney, Equal Employment Opportunity Commission, Indianapolis District Office, 101 West Ohio St., Suite 1900, Indianapolis, Indiana 46204-4203.
6. Within ninety (90) days of the date of execution of this Decree, PSP shall provide a training program to all of its employees regarding the provisions of the Americans with Disabilities Act of 1990 and Title VII of the Civil Rights Act as they pertains to sex and disability discrimination in the work place. This training program shall include an explanation of the prohibition against retaliation for those employees reporting sex or disability discrimination.
3

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 4 of 7
Thirty (30) days before the training, PSP shall provide: [i] notice to the Commission of the date, time, and place of the training; [ii] shall send to the Commission a copy of the training program and all written materials, if any, to be used; and [iii] shall provide the Commission with a roster of all employees who will receive the training. The Commission may provide reasonable input on the content of the training but shall do so no later than ten (10) days prior to the training.
Upon completion of the training, PSP shall certify to the Commission the specific training that was undertaken and shall provide the Commission with a roster of all employees who received the training. All reports shall be sent to the attention of Laurie A. Young, Regional Attorney, at the address specified in paragraph 7b.
7. PSP agrees that the EEOC may review compliance with this Decree. As part of such review and after making reasonable arrangements, the EEOC may: inspect PSP’s premises; interview its employees with management employee interviews conducted in the presence of an authorized company representative or PSP’s counsel; and examine and copy pertinent documents.
8 . In the event that the EEOC determines that a violation of this Decree has occurred, it will, prior to exercising any remedy provided by law, provide written notice to PSP and its attorney specifically identifying the alleged violation(s). PSP will have thirty (30) days or any additional period which may be agreed to by the parties in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or any such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation before the Commission exercises any remedy provided by law.
9. PSP shall post the Notice attached hereto as Appendix A. The Notice shall be placed within a conspicuous area where it shall be visible to all employees.
4

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 5 of 7

10. The Commission and PSP shall each bear its own costs and attorney fees. 1 1 . RETENTION OF JURISDICTION BY COURT: The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. SO ORDERED:

COPIES TO:
Kenneth W. Brown Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Louisville Area Office, Suite 268 600 Dr. Martin Luther King Jr. Place Louisville, Kentucky 40202-2285 Tel. (502) 582-5440 Fax (502) 582-5437 Plaintiffs Counsel
-AND-
Richard A. Getty GETTY & CHILDERS 1900 Lexington Financial Center 250 West Main Street Lexington, KY 40507
R. Gary Winters McCASLIN, IMBUS & McCASLIN Suite 900 Provident Bank Building 632 Vine Street Cincinnati, OH 45202
Counsel for Defendant
-AND-

s District Court

5

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 6 of 7 Andrew J. Ruzicho 271 W. Short Street Suite 500 Lexington, KY 40507 Joseph J. Miller Elizabeth S. Hughes GUESS MATTINGLY & ATCHISON 201 W. Short Street Lexington, KY 40507 Counsel for Intervening Plaintiffs
6

Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 7 of 7
EMPLOYEE NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office
NOTICE OF NON-DISCRIMINATION POLICY
This Notice is being distributed and posted by agreement between Physician Services, P.S.C. (“PSF”’) and the United States Equal Employment Opportunity Commission (EEOC) in a case resulting from a charge alleging sex and disability discrimination and retaliation.
Federal law requires that there be no discrimination nor harassment against any employee or applicant for employment because of the employee’srace, color, religion, sex, national origin, age (over 40), disability or pregnancy status.
Federal law also prohibits employers from discriminating against employees on the basis of gender in all aspects of employment, including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.
PSP 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, assisted or participated 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

 
 Case 5:05-cv-00393-JMH Document 48 Filed 09/08/2006 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
LEXINGTON

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

) Civil Action No. 5:05-393-JMH

Plaintiff,

)

)

)

SRETTA CLARK, BONNIE CENTERS, )

FRAN HOWARD, & MELINDA COCHRAN )

ORDER

)

Intervening Plaintiffs, )

)

v.

)

)

)

PHYSICIAN SERVICES, P.S.C.,

)

)

Defendant.

)

)

** ** ** ** **

Before the Court is Plaintiff’s motion for reconsideration

[Record No. 44]. Plaintiff filed the motion after Defendant filed

a notice of appeal. “As a general rule, a district court no longer

has jurisdiction over an action as soon as a party files a notice

of appeal, and at that point the appellate court assumes jurisdiction over the matter.” Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir. 1993); see also SEC v. Johnston, 143 F.3d

260, 263 (6th Cir. 1998) (holding that a district court is without

jurisdiction to rule on a Rule 60(b) motion when an appeal is taken

from the underlying order during the pendency of the motion). The

Court is without jurisdiction to consider Plaintiff’s motion for

reconsideration.

Case 5:05-cv-00393-JMH Document 48 Filed 09/08/2006 Page 2 of 2 Accordingly, IT IS ORDERED, that Plaintiff’s motion for
reconsideration [Record No. 44] be, and the same hereby is, DENIED FOR LACK OF JURISDICTION.
This the 8th day of September, 2006.
2

 
 Case 5:05-cv-00393-JMH Document 55-1 Filed 12/29/2006 Page 1 of 1

NO. 06-5583 UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
EQUALEMPLOYMENTOPPORTUNITYCOMMISSION; :
Plaintiff - Appellee

Eastern District of Kentucky
FILED
DEC 2 9 2006
AT LEXINGTON LESLIE G WHITMER
CLERK .US DISTRICT COURT

BONNIE CENTERS; SRETTA CLARK, FRAN HOWARD; : MELINDA COCHRAN

ORDER

-- -v.-

Intervening Plaintiffs - Appellees

-

-

-

PHYSICIANS SERVICES, P.S.C.

Defendant - Appellant

FILED
-
D E C 2 3 2 0 - ~ ~- -
LEONARD GREEN, Clerk
......

In accordancewith Rule 33, Rules of the Sixth Circuit, and upon considerationof the notice of the parties to voluntarily dismiss the appeal pursuant to 42@), Federal Rules of Appellate Procedure,
IT IS ORDERED that the appeal be and hereby is dismissed.
ENTEREIIPURSUANTTU RULE 33(d) RULES OF THE SIXTH CIRCUIT Leonard Green, Clerk

 
 425 F.Supp.2d 859 (2006)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Sretta Reese, Bonnie Centers, Fran Howard, & Melinda Cochran
Intervening Plaintiffs, v.
PHYSICIAN SERVICES, P.S.C., Defendant.
No. CIV.A. 5:05-393-JMH.
United States District Court, E.D. Kentucky, At Lexington.
April 6, 2006.
860*860 Gwendolyn Young Reams, Equal Employment Opportunity Commission— Washington, James L. Lee, Equal Employment Opportunity Commission— Washington, Washington, DC, Jo Ann Farnsworth, Equal Employment Opportunity Commission—Indianapolis, Indianapolis, IN, Kenneth W. Brown, EEOC—Louisville Area Office, Louisville, KY, Laurie A. Young, Equal Employment Opportunity Commission, Michelle Eisele, Equal Employment Opportunity Commission, Kenneth L. Bird, Equal Employment Opportunity Commission—Indianapolis, Indianapolis, IN, for Equal Employment Opportunity Commission, Plaintiff.
Andrew J. Ruzicho, Elizabeth Snow Hughes, Gess, Mattingly & Atchison, P.S.C., Joseph H. Miller, Gess, Mattingly & Atchison, P.S.C., Lexington, KY, for Bonnie Centers, Sretta Clark, Fran Howard, Melinda Cochran, Intervenor Plaintiffs.
R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, OH, Richard A. Getty, The Getty Law Group, PLLC, Lexington, KY, for Physicians Services, P.S.C., Defendants.
ORDER
HOOD, District Judge.
Before the Court is Defendant's motion to compel arbitration and stay the proceedings [Record No. 14]. The Equal Employment Opportunity Commission ("EEOC") and all Intervening Plaintiffs responded to the motion [Record Nos. 15, 18, & 19]. After Defendant replied [Record Nos. 17 & 22], the Court held a hearing on the motion. Fully briefed, this matter is ripe for review.
In its complaint, the EEOC alleges that Defendant subjected one of its former employees, Melinda Cochran, to retaliation, constructive discharge, and harassment based on her sex and disability and subjected three other former employees, Bonnie Centers, Fran Howard, and Sretta Reese to retaliatory constructive discharge for complaining about Defendant's unlawful conduct.

The issue presented by Defendant's motion is whether the Court must compel the intervening plaintiffs to arbitrate their claims against Defendant pursuant to an arbitration agreement while the EEOC pursues its claims against Defendant in this Court.[1] Defendant argues that the holding in EEOC v. Rappaport, Hertz, Cherson & Rosenthal, 273 F.Supp.2d 260 (E.D.N.Y.2003) supports its motion to compel arbitration. The intervening plaintiff in Rappaport, Rabbia Ashraf, intervened in a lawsuit brought by the EEOC "in its own name, both in the public interest and on behalf of Ashraf' and two other employees against their employer. Id. at 262. In Rappaport,the court held that "because the language under the Compulsory Arbitration Agreement makes clear that all of Ashraf's claims fall within the scope of the agreement, Ashraf must arbitrate her Title 861*861 VII, state, and local claims." Id. at 264. The court stayed her claims against her former employer pending the conclusion of the arbitration proceedings, but refused to stay the EEOC's action against the employer.Id. at 265.
Although the Rappaport court relied upon EEOC v. Waffle House, Inc., 534 U.S. 279, 122 S.Ct. 754, 151 L.Ed.2d 755 (2002) for the proposition that the EEOC cannot be compelled to arbitrate its claims against the employer, the court never addressed an aspect of the Waffle House opinion that the intervening plaintiffs in the case sub judicecontend is key to their argument: "[Once] the EEOC files suit on its own, the employee has no independent cause of action, although the employee may intervene in the EEOC's suit." Id. at 291, 122 S.Ct. 754 (citing 42 U.S.C. § 2000e-5(f)(1) (1994 ed.)). The United States District Court for the District of Colorado, in a very recent case,EEOC v. Joslin Dry Goods Co., No. 1:05-cv-177-WDM, slip op. at 1 (D.Colo. Mar. 29, 2006), also noted that the Rappaport court "does not appear to have addressed the circumstance that the claims in an enforcement action belong to the EEOC and not to the intervening employee." Id. at 4. In EEOC v. Woodmen of the World Life Insurance Society, No. 8:03-cv-165, 2005 WL 2180071, at *1 (D.Neb. Aug. 25, 2005), the court retreated, for several reasons,[2] from an earlier ruling compelling arbitration for an intervening plaintiff and agreed with the EEOC's argument that the court should not compel arbitration because the intervenor has no right to independently litigate her own claims. Id. at *2 (citing Waffle House, 534 U.S. at 291, 122 S.Ct. 754). Intervening Plaintiffs in this case present the same argument: Due to the EEOC's filing suit against their employer, they have no independent causes of action against their employer; therefore, they should not be compelled to arbitrate their claims.
The Waffle House Court did not address this specific question of whether an intervening plaintiff must arbitrate his or her claims pursuant to an arbitration agreement because the aggrieved party in Waffle House never intervened in the EEOC's action. Nonetheless, the opinion supports the intervening plaintiffs' argument that an employee has no independent cause of action once the EEOC files suit on his or her behalf. In EEOC v. Frank's Nursery & Crafts, Inc., 177 F.3d 448 (6th Cir.1999),the court explained the effect on an employee's rights when he or she receives a "right to sue" letter from the EEOC compared with when the EEOC pursues claims on his or her behalf:

[I]f an individual subject to an arbitration agreement filed a charge with the EEOC and ultimately received a "right to sue" letter, that individual would have a private cause of action that she waived by her prospective agreement to arbitrate. However, if an individual subject to an arbitration agreement filed a charge with the EEOC and put the EEOC on notice of employment practices violative of Title VII, and the EEOC in turn exercised its right to sue, that individual would no longer possess a private cause of action subject to her prior agreement to arbitrate. Rather, the EEOC would have a cause of action on behalf of that individual and the public 862*862interest that would fall outside the arbitration agreement.
Id. at 462. In this case, because the EEOC filed a cause of action against Defendant on behalf of Defendant's four former employees, those four individuals "no longer possess a private cause of action subject to [their] prior agreement to arbitrate." Id. The Court acknowledges that based on its holding, if the EEOC brings claims against an employer on behalf of an employee who is arguably bound by an arbitration agreement with her employer, neither the EEOC, per Waffle House, nor the intervening employee can be compelled to arbitrate the claims.[3] Furthermore, the Court agrees with the conclusion reached by the court in Joslin Dry Goods in which it recognized that the majority inWaffle House was aware of the dissent's objection to the EEOC doing "`on behalf of an employee that which an employee has agreed not to do for himself,'" and noted that theWaffle House Court "accepted that consequence of its ruling." Joslin Dry Goods, slip op. at 3 (citing Waffle House, 534 U.S. at 296, 122 S.Ct. 754). Each of the intervening plaintiffs lacks the right to bring an independent cause of action that would be subject to the arbitration agreement; therefore, the Court finds that they should not be compelled to arbitrate their claims.[4]
Accordingly, and for the foregoing reasons, IT IS ORDERED, that Defendant's motion to compel arbitration and stay the 863*863 proceedings [Record No. 14] be, and the same hereby is, DENIED.
[1] Defendant does not dispute that the EEOC is not a party to the arbitration agreement and therefore cannot be compelled to arbitrate its claims against Defendant.
[2] The court based its decision on three grounds: (1) the intervening plaintiff would not be able to sustain the costs of the arbitration, (2) the EEOC's argument that the "structure that allows it to pursue its interests will be harmed if the intervenors are required to arbitrate their claims" was credible and persuasive, and (3) the intervening plaintiff had filed for bankruptcy. Id. at *2.
[3] As a practical matter, however, and as the Waffle House Court observed, denying employers the ability to compel their employees to arbitrate disputes once the EEOC filed suit would have a negligible effect on employment litigation. In 2005, the EEOC brought 383 suits, just over two percent of all antidiscrimination cases filed in federal court. Equal Employment Opportunity Commission, Enforcement Statistics and Litigation, http:// www.eeoc. gov/stats/litigation.html (last visited Apr. 5, 2006); Administrative Office, Judicial Business of the United States Courts 2005, Table C-2A, http://www.uscourts. gov/judicial factsfigures/ contents.html (last visited Apr. 5, 2006).
[4] Assuming that the decision in Rappaport is correct, though the Court does not agree that it is, Defendant has nonetheless waived its right to arbitrate the claims brought by Intervening Plaintiffs Cochran, Centers, Howard, and Reese. "An agreement to arbitrat[e] may be `waived by the actions of a party which are completely inconsistent with any reliance thereon.'" Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc., 350 F.3d 568, 573 (6th Cir.2003) (quoting Gen. Star Nat'l Ins. Co. v. Administratia Asigurarilor de Stat, 289 F.3d 434, 438 (6th Cir.2002)). The letters sent by Defendant's counsel in response to Ms. Reese's requests for arbitration reveal that Defendant misunderstood the difference between a request for arbitration and an attempt to "stare down" an opponent. Defendant's reliance on Highlands to justify its refusal to arbitrate is not persuasive. The parties in Highlands, two businesses engaged in a

dispute over underpayments and overpayments for rehabilitation services, were "in a discussion stage about their respective claims," a situation distinct from that of an employee asking her employer to arbitrate her employment dispute pursuant to the employer's own dispute resolution program. Highlands, 350 F.3d at 574. Defendant's counsel's letters unequivocally state that Defendant was not interested in mediating or arbitrating the claims, apparently under the guise that the EEOC's decision on Ms. Reese's charge was a condition precedent to arbitration. Similarly, Defendant's counsel's actions in discussing Ms. Cochran's claims during their April 14, 2004 meeting—in which he suggested that she retain new attorneys and warned her that she may be subject to a suit by her alleged harasser if she continued with her claims—evidence a disregard for the arbitration agreement. Although three of the intervening plaintiffs did not formally request arbitration, the Court agrees that after viewing the letters received in response to Ms. Reese's numerous requests, their written demands for arbitration would have been futile. This Court will not grant Defendant's request to compel arbitration pursuant to an agreement that Defendant has repeatedly refused to follow.

 
 SDSD District Version 1.0 - Docket Report

https://ecf.kyed.uscourts.gov/cgi-bin/DktRpt.pl?247269702538377-L_9...

CLOSED, REFDS
U.S. District Court Eastern District of Kentucky (Lexington) CIVIL DOCKET FOR CASE #: 5:05-cv-00393-JMH

Equal Employment Opportunity Commission v. Physicians Services, P.S.C. Assigned to: Joseph M. Hood Referred to: James B Todd
James B Todd (Settlement) Cause: 28:1343 Violation of Civil Rights

Date Filed: 09/27/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gwendolyn Young Reams Equal Employment Opportunity Commission - Washington 1801 L Street Washington, DC 20507 TERMINATED: 09/21/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee Equal Employment Opportunity Commission - Washington 1801 L Street Washington, DC 20507 TERMINATED: 09/21/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jo Ann Farnsworth Equal Employment Opportunity Commission - Indianapolis 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

Kenneth W. Brown EEOC - Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202-2285

1 of 12

6/7/2007 10:47 AM

SDSD District Version 1.0 - Docket Report
V. Intervenor Plaintiff Bonnie Centers
2 of 12

https://ecf.kyed.uscourts.gov/cgi-bin/DktRpt.pl?247269702538377-L_9...
502-582-5440 Fax: 502-582-5435 Email: kenneth.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A. Young Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7202 Fax: 317-226-7203 Email: laurie.young@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle Eisele Equal Employment Opportunity Commission - Indianapolis 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
Kenneth L. Bird Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7204 Fax: 317-226-5571 Email: kenneth.bird@eeoc.gov ATTORNEY TO BE NOTICED
represented by Andrew J. Ruzicho 271 W. Short Street Suite 500, Security Trust Building Lexington, KY 40507 859-231-0926 Fax: 859-254-7096
6/7/2007 10:47 AM

SDSD District Version 1.0 - Docket Report
Intervenor Plaintiff Sretta Clark Intervenor Plaintiff Fran Howard Intervenor Plaintiff Melinda Cochran
V. Defendant Physicians Services, P.S.C.
3 of 12

https://ecf.kyed.uscourts.gov/cgi-bin/DktRpt.pl?247269702538377-L_9...
Email: jruzicho@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew J. Ruzicho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew J. Ruzicho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth Snow Hughes Gess, Mattingly & Atchison, P.S.C. 201 W. Short Street Lexington, KY 40507 859-252-9000 Fax: 859-233-4269 Email: ehughes@gmalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph H. Miller Gess, Mattingly & Atchison, P.S.C. 201 W. Short Street Lexington, KY 40507 859-252-9000 Fax: 859-233-4269 Email: jmiller@gmalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by R. Gary Winters McCaslin, Imbus & McCaslin 632 Vine Street Suite 900, Provident Building Cincinnati, OH 45202-2442 513-421-4646 Fax: 513-421-7929 Email: rgwinters@mimlaw.com LEAD ATTORNEY
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ATTORNEY TO BE NOTICED
Richard A. Getty The Getty Law Group 250 West Main Street 1900 Lexington Financial Center Lexington, KY 40507 US 859-259-1900 Fax: 859-259-1909 Email: rgetty@gettychilders.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Seth J. Johnston The Getty Law Group 250 West Main Street 1900 Lexington Financial Center Lexington, KY 40507 US 859-259-1900 Fax: 859-259-1909 Email: sjohnston@millerwells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2005 10/11/2005 10/17/2005 10/26/2005 10/27/2005 11/03/2005
11/16/2005

#

Docket Text

1 COMPLAINT 1 summons(es)issued with copy , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Case Assignment, Civil Cover & Summons)(JMW) (Entered: 09/27/2005)
2 SUMMONS Returned Executed via Certified Mail to Physicians Services, P.S.C. served on 10/5/2005, answer due 10/25/2005. (JMW) (Entered: 10/12/2005)
3 NOTICE OF APPEARANCE by Equal Employment Opportunity Commission.(Farnsworth, Jo) (Entered: 10/17/2005)
4 ANSWER to Complaint by Physicians Services, P.S.C..(Winters, R.) (Entered: 10/26/2005)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 4 Answer to Complaint (JMW) (Entered: 10/27/2005)
5 ORDER (1) within 21 days from the date of service of this order, parties shall conduct the meeting required by rule 26(f); and (2) within 10 days after the meeting, parties shall file a joint status report . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 11/04/2005)
6 MOTION to Intervene and Memorandum in Support by Bonnie Centers, Sretta Clark, Fran Howard (Attachments: # 1 TENDERED Complaint in Intervention#

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2 Certification and Charge of Discrimination re Sretta Clark (Reese)# 3 Certification and Charge of Discrimination re Fran Howard# 4 Certification and Charge of Discrimination re Bonnie Centers)(JMW) (Entered: 11/17/2005)
7 MOTION to Intervene by Melinda Cochran (Attachments: # 1 Intervening Complaint# 2 Charge of Discrimination# 3 Proposed Order)(Hughes, Elizabeth) (Entered: 11/23/2005)
8 AGREED ORDER EXTENDING RULE 26 CONFERENCE DEADLINES (1) the Court's prior Order establishing deadlines for the conduct of a Rule 26 Conference is SET ASIDE; (2) the Rule 26 Conference between counsel for the EEOC and Physician Services is DEFERRED until a date 30 days after the entry of all Orders addressing the Motions to Intervene filed by the Intervening Plaintiffs, Cochran, Reese, Centers and Howard . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/05/2005)
9 AGREED ORDER (1) dft Physician Services shall have through and including 12/16/05, in which to respond to the Motions to Intervene of the Intervening Plfs by service of counsel for the Intervening plfs; and (2) the Intervening plfs shall have through and including 1/16/06, in which to submit any Reply in support of the Motion to Intervene by service on counsel for dft Physician Services . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/06/2005)
10 AGREED ORDER (1) dft Physician Services shall have through and including 12/30/05, in which to respond to the Motions to Intervene of the Intervening Plfs by service of counsel for the Intervening plfs; and (2) the Intervening plfs shall have through and including 1/30/06, in which to submit any Reply in support of the Motion to Intervene by service on counsel for dft Physician Services. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/19/2005)
11 Proposed Agreed Order/Stipulation Regarding Briefing Schedule With Respect To Intervention Motions by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 12/30/2005)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 11 Proposed Agreed Order/Stipulation (JMW) (Entered: 01/03/2006)
12 RESPONSE to Motion re 6 MOTION to Intervene by Bonnie Centers, Sretta Clark, Fran Howard filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/06/2006)
13 RESPONSE to Motion re 7 MOTION to Intervene by Melinda Cochran filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/06/2006)
14 MOTION to Compel by Physicians Services, P.S.C. Defendant's Motion to Compel Arbitration and Stay All Proceedings (Attachments: # 1 Memorandum in Support # 2 Affidavit Affidavit of Richard A. Getty# 3 Exhibit A - Letter From Richard A. Getty to Intervenor-Plaintiff, Sretta Reese# 4 Exhibit B - Letter From Richard A. Getty to Intervenor-Plaintiff, Bonnie Centers# 5 Exhibit C - Letter From Richard A. Getty to Intervenor-Plaintiff, Fran Howard# 6 Exhibit D Letter From Richard A. Getty to Intervenor-Plaintiff, Melinda Cochran# 7 Affidavit John W. Gilbert, M.D.# 8 Exhibit 1 - Alternative Dispute Resolution Agreement - Sretta Reese# 9 Exhibit 2 - Alternative Dispute Resolution Agreement - Bonnie Centers# 10 Exhibit 3 - Alternative Dispute Resolution

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Agreement - Fran Howard# 11 Exhibit 4 - Alternative Dispute Resolution Agreement - Melinda Cochran# 12 Proposed Order)(Johnston, Seth) (Entered: 01/06/2006)
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 14 MOTION to Compel Arbitration and Stay All Proceedings by Physicians Services, P.S.C. (JMW) (Entered: 01/09/2006)
15 RESPONSE in Opposition re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order proposed order)(Farnsworth, Jo) (Entered: 01/12/2006)
16 AGREED ORDER (1) that intervenor plfs shall have through and including 2/6/06 to file their response(s) to the Motion to Compel Arbitration, record 14 filed by dft Physician Services, PSC . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/19/2006)
17 REPLY to Response to Motion re 14 MOTION to Compel by Physicians Services, P.S.C.Reply to Response of EEOC to Motion to Compel Arbitration & Stay Proceeding filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/24/2006)
NOTICE OF DOCKET MODIFICATION TO Seth Johnson re 17 Reply to Response to Motion; Error: The main document was scanned instead of converted into PDF format directly from the native word application; Entry by attorney; In the future, all pleadings created with a word application MUST be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 01/25/2006)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 15 Response in Opposition to Motion, 17 Reply to Response to Motion, re 14 Motion to Compel Arbitration and Stay All Proceedings by Physicians Services, P.S.C. (JMW) (Entered: 01/25/2006)
18 RESPONSE in Opposition re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Bonnie Centers, Sretta Clark, Fran Howard. (Attachments: # 1 Affidavit of Andrew J. Ruzicho# 2 Affidavit Danny G. Harter# 3 Exhibit Dispute Resolution Program# 4 Exhibit Intervenor-Applicants EEOC Charges of Discrimination# 5 Exhibit Letter of May 6, 2004 to Gilbert from Ruzicho# 6 Exhibit Index of Exhibits In Support of Response# 7 Exhibit Letter of May 10, 2004 to Getty from Ruzicho# 8 Exhibit Letter of May 24, 2004 to Ruzicho from Getty# 9 Exhibit Letter of May 24, 2004 to Getty from Ruzicho# 10 Exhibit Letter of June 7, 2004 to Getty from Ruzicho# 11 Exhibit Letter of June 10, 2004 to Ruzicho from Getty# 12 Exhibit Letter of June 11, 2004 to Getty from Ruzicho# 13 Exhibit Letter of June 15, 2004 to Ruzicho from Getty# 14 Exhibit EEOC Brochure# 15 Exhibit Letter of April 22, 2005 to Senator McConnell's Office from Gilbert# 16 Exhibit Letter of April 22, 2005 to Senator McConnell's Office from Getty# 17 Exhibit Letter of April 27, 2005 to Harter from Winters# 18 Exhibit Letter of April 28, 2005 to Marcia Hall Craig from Senator McConnell# 19 Exhibit Letter of May 3, 2005 to Senator McConnell from Harter)(Ruzicho, Andrew) (Entered: 02/03/2006)

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19 RESPONSE in Opposition re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Melinda Cochran. (Attachments: # 1 Affidavit of Melinda Cochran# 2 Proposed Order)(Hughes, Elizabeth) (Entered: 02/06/2006)
20 Proposed Agreed Order/Stipulation by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 02/14/2006)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 20 Proposed Agreed Order/Stipulation (JMW) (Entered: 02/15/2006)
21 AGREED ORDER (1) dft Physician Services shall have through and including 2/24/06, to serve their Reply Memorandum in Support of dft's Motion to Compel Arbitration and Stay all Proceedings, DE 14. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 02/16/2006)
***MOTIONS SUBMITTED TO CHAMBERS of Judge Hood for review: 6 MOTION to Intervene by Bonnie Centers, Sretta Clark, Fran Howard, 7 MOTION to Intervene by Melinda Cochran (JMW) (Entered: 02/21/2006)
22 REPLY to Response to Motion re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Physicians Services, P.S.C.. (Attachments: # 1 Exhibit 1--Letter from Richard Getty to Joseph Miller dated April 13, 2004# 2 Exhibit 2--Letter from Richard Getty to Andrew Ruzicho dated May 24, 2004# 3 Exhibit 3--1991 U.S.App.LEXIS 30181# 4 Exhibit 4--2001 U.S. Dist. LEXIS 20041)(Johnston, Seth) (Entered: 02/24/2006)
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 14 MOTION to Compel by Physicians Services, P.S.C. (JMW) (Entered: 02/27/2006)
23 MOTION for Hearing re 14 Motion to Compel Arbitration by Physicians Services, P.S.C., filed by Bonnie Centers, Sretta Clark, Fran Howard Motion for Oral Argument (Ruzicho, Andrew) Created link and modified text on 3/1/2006 (Wells, Jessica). Additional attachment(s) added (proposed order) on 3/1/2006 (Wells, Jessica). (Entered: 02/28/2006)
NOTICE OF DOCKET MODIFICATION TO Andrew Ruzicho re 23 MOTION for Hearing by Bonnie Centers, Sretta Clark, Fran Howard ; Error: Attorney failed to create a link to the motion is which the pleading releates, DE14 Motion to Compel Arbitration; Entry made by attorney; Correction: Clerk has modified the text to create the link to 14; In the future, attorney is advised to create a link with the existing event to which a pleading relates. No further action required by counsel. cc: COR (JMW) (Entered: 03/01/2006)
24 MOTION for Hearing re 14 MOTION to Compel by Physicians Services, P.S.C. by Melinda Cochran (Attachments: # 1 Proposed Order)(Miller, Joseph) (Entered: 03/01/2006)
Clerk's Note: Clerk spoke with attorney Andrew Ruzicho's office to explain that attorney should also file a proposed order as an attachment to a 'Notice of Filing' and link that back to the original pleading, DE23. (JMW) (Entered: 03/01/2006)
25 NOTICE OF FILING by Bonnie Centers, Sretta Clark, Fran Howard re 23 MOTION for Hearing by Bonnie Centers, Sretta Clark, Fran Howard Proposed Order (Ruzicho, Andrew) (Entered: 03/01/2006)

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Clerk's Note re 25 Notice of Filing. Clerk spoke with attorney Andrew Ruzicho's office and advised that when filing future Notices of Filing, to prepare a document called 'Notice of Filing' and attach the proposed order to that document. (JMW) (Entered: 03/01/2006)
26 ORDER (1) the motions for leave to intervene, records 6 and 7 are GRANTED; and (2) the tendered intervening complaints are DEEMED FILED. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 03/01/2006)
27 Intervenor COMPLAINT , filed by Bonnie Centers, Sretta Clark, Fran Howard. (Filed pursuant to 26 Order) (Attachments: # 1 Certification and Charge of Discrimination re Sretta Clark (Reese)# 2 Certification and Charge of Discrimination re Fran Howard# 3 Certification and Charge of Discrimination re Bonnie Centers)(JMW) (Entered: 03/01/2006)
28 Intervenor COMPLAINT, filed by Melinda Cochran. (Filed pursuant to 26 Order) (Attachments: # 1 Charge of Discrimination)(JMW) (Entered: 03/01/2006)
29 ORDER re 23 Motion for Hearing on 14 Motion to Compel Arbitration (1) said motion is GRANTED; and (2) MOTION HEARING is set for 3/20/2006 at 10:30 AM in Lexington before Joseph M. Hood. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D (Entered: 03/01/2006)
30 MOTION to Continue Hearing by Physicians Services, P.S.C. (Attachments: # 1 Proposed Order)(Winters, R.) Modified text on 3/7/2006 to indicate continuance is regarding a hearing (Wells, Jessica). (Entered: 03/06/2006)
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 30 MOTION to Continue Hearing by Physicians Services, P.S.C. (JMW) (Entered: 03/07/2006)
31 ORDER re 30 MOTION to Continue Hearing by Physicians Services, P.S.C. (1) said motion is GRANTED; and (2) MOTION HEARING re 14 Motion to Compel Arbitration scheduled for 3/20/06 is CONTINUED to 4/3/2006 at 10:00 AM in Lexington before Joseph M. Hood. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D (Entered: 03/08/2006)
32 NOTICE OF APPEARANCE by Equal Employment Opportunity Commission.(Bird, Kenneth) (Entered: 03/21/2006)
33 MINUTE ENTRY FOR MOTION HEARING held on 4/3/2006 before Judge Joseph M. Hood re 14 MOTION to Compel Arbitration by Physicians Services, P.S.C. (1) this matter is TAKEN UNDER ADVISEMENT. (COURT REPORTER: DENISE VASQUEZ) (JMW)cc: COR (Entered: 04/04/2006)
34 ORDER (1) dft's motion to compel arbitration and stay the proceedings, record 14 is DENIED . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 04/06/2006)
35 NOTICE OF APPEAL as to 34 Order on Motion to Compel by Physicians Services, P.S.C.; Filing fee $ 455, receipt number 124481. TRANSMITTED to 6CCA via email cc: COR, 6CCA (Attachments: # 1 Order dated 4/6/06# 2 Receipt for fee)(JMW) (Entered: 04/25/2006)

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36 TRANSCRIPT REQUEST by Physicians Services, P.S.C. re 35 Notice of Appeal Transcript due by 5/15/2006. (Winters, R.) (Entered: 05/04/2006)
37 REPORT of Rule 26(f) Planning Meeting by Melinda Cochran Filing of Report of Parties' Planning Meeting (Miller, Joseph) Modified text on 5/5/2006 to indicate this is a report of rule 26(f) planning meeting (Wells, Jessica). Also added all filers on 5/5/2006 (Wells, Jessica). (Entered: 05/04/2006)
NOTICE OF DOCKET MODIFICATION TO J. Miller re 37 Notice ; Error: attorney incorrectly filed the Report of Parties Planning Meeting using the incorrect event "Notice" instead of the correct event "Report of Rule 26(f) Planning Meeting"; Also, this document was scanned instead of being converted into PDF format directly from the native word application; Entry made by attorney; Correction: Clerk has modified the text of 37 to indicate that the main document is a Report of Rule 26(f) Planning Meeting; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing. Also, in future filings, all pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned. No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 05/05/2006)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 37 REPORT of Rule 26(f) Planning Meeting (JMW) (Entered: 05/05/2006)
38 SCHEDULING ORDER (1) case REFERRED to Judge Todd for Discovery; (2) case REFERRED to Judge Todd for Settlement Processes; (3) Amended Pleadings due by 3/15/2007; (4) Discovery due by 4/30/2007; (5) Dispositive Motions due by 5/31/2007; (6) Expert Witness Reports due from plf by 8/31/2006 and from dft by 10/30/2006; (7) Motions in Limine due by 6/27/2007; (8) case REFERRED to Judge Todd for Pretrial Conference to be set by him; (9) one week prior to PC, counsel shall (a) file exhibit list, (b) premark exhibits, (c) file witness list, (d) file pretrial memo, (e) submit agreed proposed jury instructions, (f) provide copies to JBT and opposing counsel and (g) electronic copies may be submitted to chambers; (10) FINAL PRETRIAL CONFERENCE is set for 9/17/2007 at 9:30 AM in Lexington before Joseph M. Hood; (11) JURY TRIAL is set for 10/23/2007 at 9:00 AM in Lexington before Joseph M. Hood (approx. 2 weeks) .Signed by Judge Joseph M. Hood (JMW)cc: COR, D, JC, JBT (Entered: 05/09/2006)
39 MOTION for Default Judgment by Melinda Cochran (Attachments: # 1 Proposed Order)(Miller, Joseph) (Entered: 06/13/2006)
40 RESPONSE in Opposition re 39 MOTION for Default Judgment by Melinda Cochran filed by Physicians Services, P.S.C.. (Attachments: # 1 Proposed Order Order Denying Intervening Plaintiff Melinda Cochran's Motion for Default Judgment)(Winters, R.) (Entered: 06/16/2006)
41 MOTION for Leave with Memorandum in Support by Physicians Services, P.S.C. to Answer the Complaints of Intervening Plaintiffs Out-of-Time (Attachments: # 1 Proposed Order Granting Defendants Motion to Answer Complaints of Intervening Plaintiffs Out-Of-Time# 2 Exhibit A - Answer to Intervening Complaint of Melinda Cochran# 3 Exhibit B - Def Answer to Complaint-In-Intervention by Clark, Centers & Howard)(Winters, R.) Modified

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text on 6/19/2006 to add "with memorandum in support" (Wells, Jessica). (Entered: 06/16/2006)
42 REPLY to Response to Motion re 39 MOTION for Default Judgment by Melinda Cochran filed by Melinda Cochran. (Miller, Joseph) Modified on 6/21/2006 to create link to correct motion (Wells, Jessica). (Entered: 06/20/2006)
NOTICE OF DOCKET MODIFICATION TO Joseph Miller re 42 Reply to Response to Motion; Error: Attorney incorrectly linked to the wrong motion; Entry made by attorney; Correction: Clerk has deleted the link to 41 and created a link to the correct motion 39; In the future, the attorney is advised to create a link to the existing motion to which the pleading relates. No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 06/21/2006)
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 39 MOTION for Default Judgment by Melinda Cochran (JMW) (Entered: 06/21/2006)
43 ORDER (1) the case is STAYED pending the receipt of a mandate from the Sixth Circuit regarding dft's appeal. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 06/21/2006)
44 MOTION for Reconsideration by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Brown, Kenneth) (Entered: 07/05/2006)
45 RESPONSE in Opposition re 44 MOTION for Reconsideration by Equal Employment Opportunity Commission filed by Physicians Services, P.S.C.. (Winters, R.) (Entered: 07/14/2006)
46 RESPONSE to Motion and Request for Oral Argument re 44 MOTION for Reconsideration by Equal Employment Opportunity Commission filed by Melinda Cochran. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Proposed Order)(Miller, Joseph) Modified text on 7/24/2006 to add "and request for oral argument" (Wells, Jessica). (Entered: 07/21/2006)
NOTICE OF DOCKET MODIFICATION TO Joseph Miller re 46 Response to Motion; Error: Attachments were insufficiently described as "Exhibit A", "Exhibit B"; Entry made by attorney; Correction: The Clerk has renamed the attachments; It is necessary that all attachments are adequately described; ex: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct); Also, the main document was scanned instead of being converted into PDF format directly from the native word application; All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 07/24/2006)
47 TRANSCRIPT of Official Proceedings: Hearing on Motion to Compel Arbitration held on 4/3/06 before Judge Joseph M. Hood. Court Reporter: Denise Vasquez. (JMW) (Entered: 08/07/2006)
48 ORDER (1) plf's motion for reconsideration, DE 44 is DENIED FOR LACK OF JURISDICTION. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 09/11/2006)

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49 NOTICE OF MANDATORY ECF DIRECTED TO Michelle Eisele, James L. Lee, Gwendolyn Young Reams, Laurie A. Young, non-registered attorneys re 48 Order had to be MAILED TO attorneys, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge to institute contempt proceedings. cc: COR (JMW) (Entered: 09/11/2006)
50 NOTICE TO ATTORNEYS Michelle Eisele, James L. Lee, Gwendolyn Young Reams, Laurie A. Young by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JMW) (Entered: 09/11/2006)
51 NOTICE OF WITHDRAWAL by Equal Employment Opportunity Commission (Brown, Kenneth) Modified text on 9/22/2006 (Wells, Jessica). (Entered: 09/21/2006)
52 GENERAL ORDER re 51 Notice filed by Equal Employment Opportunity Commission, IN RE: Attorneys representing Federal Government Agencies - an official listed above the signature line shall not be listed as counsel of record unless the official files an express notice of appearance in this case; therefore, Gwendolyn Young Reams and James L. Lee are NO LONGER listed as counsel of record in this case. Signed by Judge Joseph M. Hood. (STB)cc: COR (Entered: 09/22/2006)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 51 Notice of Withdrawal (JMW) (Entered: 09/22/2006)
53 ORDER (1) SETTLEMENT CONFERENCE is set for 8/29/2007 at 9:00 AM in Lexington before James B Todd; (2) exparte statements and status reports due by 8/22/07; and (3) documents shall be delivered directly to Judge Todd. Signed by Judge James B Todd. (JMW)cc: COR, D, JBT (Entered: 11/08/2006)
54 ORDER (1) PRETRIAL CONFERENCE is set for 9/10/2007 at 9:00 AM in Lexington before James B Todd; (2) pretrial filings due by 9/4/07; and (3) a court reporter is required for this matter. Signed by Judge James B Todd. (JMW)cc: COR, D, JBT (Entered: 11/08/2006)
55 ORDER of USCA as to 35 Notice of Appeal filed by Physicians Services, P.S.C.: IT IS ORDERED that the appeal is dismissed. (Attachments: # 1 Cover Letter)(MWZ) (Entered: 12/29/2006)
56 STIPULATION of Dismissal as to all Claims of Intervening Plaintiffs Against Defendant by Bonnie Centers, Sretta Clark, Fran Howard, Melinda Cochran, Physicians Services, P.S.C.. (Winters, R.) (Entered: 01/18/2007)
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 56 Stipulation of Dismissal (JMW) (Entered: 01/19/2007)
57 ORDER re 56 Stipulation of Dismissal (1) the Intervening Plaintiffs' claims are DISMISSED WITH PREJUDICE . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/19/2007)
58 ORDER (1) this case is RETURNED TO THE ACTIVE DOCKET; and (2) parties are DIRECTED TO FILE a joint status report by 2/2/2007. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/22/2007)

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59 JOINT MOTION for Settlement by Equal Employment Opportunity Commission & Physicians Services, P.S.C. (Attachments: # 1 Proposed Order Consent Decree)(Brown, Kenneth) Added Physicians Services, P.S.C. as a filer on 1/24/07 (Zegafuse, Mitchell). (Entered: 01/23/2007)
NOTICE OF DOCKET MODIFICATION TO Kenneth Brown re 59 JOINT MOTION for Settlement by Equal Employment Opportunity Commission; Error: Attorney did not choose all filers for this pleading. In the future, choose all filers for a pleading filed by multiple parties. More than one party may be chosen when filing by holding down the CTRL key while pointing & clicking on each party of the group. Clerk has added Physicians Services, P.S.C. as a filer for this pleading. No further action required by counsel cc: COR (MWZ) (Entered: 01/24/2007)
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 59 JOINT MOTION for Settlement by Equal Employment Opportunity Commission & Physicians Services, P.S.C. (MWZ) (Entered: 01/24/2007)
60 CONSENT DECREE re 59 JOINT MOTION for Settlement (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of the Americans with Disabilities Act of 1991 will be promoted and effectuated by the entry of this Decree; and (3) this Consent Decree resolves all matters and claims. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D, JC, JBT (Entered: 01/24/2007)

PACER Service Center

Transaction Receipt

06/07/2007 11:49:52

PACER Login:

hs0328

Client Code:

eeoc++++++++++++++++++++++++++++

Description:

Docket Report

Search Criteria:

5:05-cv-00393-JMH

Billable Pages:

8

Cost: 0.64

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6/7/2007 10:47 AM