Case 1:05-cv-00529-SEB-VSS Document 1 Filed 04/13/2005 Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT: ,'

FOR THE SOUTHERN DISTRICT OF INDIANA

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INDIANAPOLIS DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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CIVIL ACTION NO.

v.

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FIGGAZIGA, INC. D/B/A

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COMPLAINT

BROWN COUNTY IGA

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a )
_ _ _ _ _ _ Defendant. _ _ ))

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JURY
-cv-

TRIAL DEMAND
529-SEB-VSS

NATURE OF THE ACTION The United States Equal Employment Opportunity Commission (the "Commission") brings this action against Figgaziga, Inc. d/b/a Brown County IGA ("Figgaziga") pursuant to Title VII of the 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 Amanda Hedrick, and a class of similarly situated female employees who were adversely affected by such practices. As alleged in paragraph seven below, the Commission alleges that Figgaziga subjected Amanda Hedrick and a class of similarly situated female employees to sexual harassment, and alleges that such actions, in addition to individually violating Title VII of the Civil Rights Act of 1964, constitute a pattern or practice of discrimination based on sex, and a continuing violation of the statute.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(l) and (3) and 2000e-6 ("Title VIlli) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

Case 1:05-cv-00529-SEB-VSS Document 1 Filed 04/13/2005 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District ofIndiana, Indianapolis Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(t)(1) and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e-5(t)(l) and (3) and 2000e-6. 4. At all relevant times, Defendant, Figgaziga, Inc., an Indiana corporation (the "Employer"), has continuously been doing business in the State of Indiana and the City of Nashville, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Amanda Hedrick filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 1999, Defendant has engaged in unlawful employment practices at its facility in Nashville, Indiana, in continuing violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Defendant subjected Amanda Hedrick and a class of similarly situated female employees to sexual harassment. Defendant's above-described actions, in addition to individually violating Section 703 (a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), constitute a pattern or practice of discrimination based on sex in violation of Sections 703(a)(1 ) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a)(l) and 2000e-3(a). 8. The effect ofthe practice complained of in paragraph seven above has been to
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Case 1:05-cv-00529-SEB-VSS Document 1 Filed 04/13/2005 Page 3 of 5
deprive Amanda Hedrick and a class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
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 federally protected rights of Amanda Hedrick and a class of similarly situated female employees.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Amanda Hedrick and a class of similarly situated female employees, by providing the affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Amanda Hedrick and a class of similarly situated female employees, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including reimbursement of attorneys fees and other miscellaneous expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Amanda Hedrick and a class of
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Case 1:05-cv-00529-SEB-VSS Document 1 Filed 04/13/2005 Page 4 of 5 similarly situated female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including emotional pain, suffering, loss of enjoyment of life, humiliation, embarrassment, and inconvenience, in amounts to be determined at trial.
F. Order Defendant Employer to pay Amanda Hedrick and a class of similarly situated female employees punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
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Case 1:05-cv-00529-SEB-VSS Document 1 Filed 04/13/2005 Page 5 of 5
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
GWENDOLYN YOUNG REAMS
Associ tc General Counsel
fl LLE ELE, #12070-49
Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street, Suite 1900
Indianapolis, IN 46204 (317) 226-5601 Fax: (317) 226-5571 iohanna.maple@eeoc.gov
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 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

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Plaintiff,

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v.

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FIGGAZIGA, INC. D/B/A BROWN

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COUNTY IGA,

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Defendant,

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AMANDA HEDRICK,

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Intervenor.

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CAUSE NUMBER: 1:05-CV-0529-SEB-VSS

COMPLAINT OF INTERVENOR

COMES NOW Intervenor Amanda Hedrick, hereinafter “Ms. Hedrick”, by counsel,

pursuant to Rules 3 & 24, Fed. R. Civ. P., and herein files her Complaint of Intervenor against

the Defendant, and shows the Court the following:

JURISDICTION AND VENUE

1. With respect to Jurisdiction and Venue, Ms. Hedrick adopts and incorporates by

reference as though they were fully set out herein the allegations regarding jurisdiction and venue

as contained in the Complaint previously filed by the Equal Employment Opportunity

Commission (hereinafter EEOC) in this matter.

PARTIES 2. Ms. Hedrick is a female citizen of the United States and is a qualified employee as that term is defined in Section 701(f) of Title VII. 3. With respect to the remainder of the allegations made by the EEOC regarding the Parties, Ms. Hedrick adopts them and incorporates them by reference as though they were fully set out herein.
ADMINISTRATIVE PROCEDURES
4. On or about September 10, 2003, Ms. Hedrick timely filed a charge of sex discrimination with the EEOC, charge number 240-2003-05541.
STATEMENT OF CLAIMS 5. With respect to the Statement of Claims, Ms. Hedrick adopts and incorporates by reference as though they were fully set out herein the allegations contained in the Statement of Facts in the Complaint previously filed by the EEOC in this matter.
PRAYER FOR RELIEF 6. With respect to the Prayer for Relief, Ms. Hedrick adopts and incorporates by reference as though they were fully set out herein the Prayer for Relief made by the EEOC.
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JURY DEMAND
Ms. Hedrick, by counsel, hereby request a trial by jury on all issues so trialable hereinabove, pursuant to Rule 38 of the Federal Rules of Civil Procedure

PIERCE PIERCE & STITES 217 West Ohio Street Suite One P.O. Box 236 Rockville, Indiana 47872 (765)569-1071 (765)569-3539 facsimile

Respectfully submitted, PIERCE PIERCE & STITES
By /s/John D. Pierce John D. Pierce # 21782-49

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was filed electronically on June 6, 2005. Notice of this filing will be sent to the following parties by operation of the Court’s electronic filing system. Parties may access this through the Court’s system.
Johanna Philhower Maple Equal Employment Opportunity Commission 101 West Ohio Street Suite 1900 Indianapolis, Indiana 46204 Mark James Romaniuk BAKER & DANIELS 300 N Meridian Street Suite 2700 Indianapolis, IN 46204
/s/John D. Pierce John D. Pierce PIERCE PIERCE & STITES 217 West Ohio Street Suite One P.O. Box 236 Rockville, Indiana 47872
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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
AND AMANDA HEDRICK,
Intervenor,
v.
FIGGAZIGA, INC. d/b/a BROWN COUNTY IGA
Defendant.

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CIVIL ACTION NO.

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1:05-CV-0529 SEB-VSS

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CONSENT DECREE The Equal Employment Opportunity Commission (“Commission”) instituted Civil Action No. 1:05-CV-0529 SEB-VSS under the authority granted to it under Section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1). The Commission’s action was brought to correct alleged unlawful employment practices on the basis of sex. The Commission, Plaintiff-Intervenor Amanda Hedrick, and the Defendant Figgaziga, Inc., d/b/a Brown County IGA (“Brown County IGA”), hereby stipulate to the jurisdiction of the Court over the parties and the subject matter of this action. The Commission, Plaintiff-Intervenor Amanda Hedrick, and the Defendant have advised this Court that they desire to resolve Civil Action No. 1:05-CV-0529 SEB-VSS without the burden and expense of further litigation.

It is, therefore, the finding of this Court, based on the pleadings and the record as a whole that the applicable requirements of Title VII will be carried out by the implementation of this Decree, and this Decree resolves the issues raised by the Complaint of the Commission.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant agrees that it will not discriminate against employees on the basis of sex and will maintain a work environment for all employees that is free from sexual harassment. 2. Defendant agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII, 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 Title VII. 3. Defendant agrees to post the Notice of Non-Discrimination Policy attached as Appendix A to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree. 4. Defendant agrees to pay Brittany Crider, or her heirs and assigns in the event of her death, $6,000 in damages. A check in that amount shall be made payable to Brittany Crider and sent to her by certified mail at 2909 Streamside Drive, Columbus, IN 47203. Upon entry of this Decree, the Commission will forward a release (see Appendix B) to Brittany Crider for her execution. Crider shall have 45 days from the date of entry of this Consent Decree to sign and return the release to the Commission. If Crider fails to timely return the executed release in the form set forth in Appendix B, she shall waive any claim to relief under this Decree and shall be barred from pursuing any claim raised or which could have been raised in the Commission’s Complaint. If the Commission is unable to obtain an executed
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release from Crider (or her representative in the event of her death or incapacity) within the time period specified, Crider’s share of damages shall be divided equally among the other class members who have returned executed releases.
The Commission will provide to counsel for Defendant a copy of the release executed by Brittany Crider upon receipt. Then, within fifteen (15) days, Defendant shall mail the check, by certified mail, to Crider. Defendant shall mail a copy of Crider’s check and proof of its delivery to Crider (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of the check to Crider, the Commission shall forward the release to counsel for Defendant.
5. Defendant agrees to pay Megan Lucas, or her heirs and assigns in the event of her death, $3,000 in damages. A check in that amount shall be made payable to Megan Lucas and sent to her by certified mail at 3390 Polecat Ridge Road, Nashville IN 47448.
Upon entry of this Decree, the Commission will forward a release (see Appendix B) to Megan Lucas for her execution. Lucas shall have 45 days from the date of entry of this Consent Decree to sign and return the release to the Commission. If Lucas fails to timely return the executed release in the form set forth in Appendix B, she shall waive any claim to relief under this Decree and shall be barred from pursuing any claim raised or which could have been raised in the Commission’s Complaint. If the Commission is unable to obtain an executed release from Lucas (or her representative in the event of her death or incapacity) within the time period specified, Lucas’s share of damages shall be divided equally among the other class members who have returned executed releases.
The Commission will provide to counsel for Defendant a copy of the release executed by Megan Lucas upon receipt. Then, within fifteen (15) days, Defendant shall mail the check, by
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certified mail, to Lucas. Defendant shall mail a copy of Lucas’s check and proof of its delivery to Lucas (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of the check to Lucas, the Commission shall forward the release to counsel for Defendant.
6. Defendant agrees to pay Aleana Adams, or her heirs and assigns in the event of her death, $2,000 in damages. A check in that amount shall be made payable to Aleana Adams and sent to her by certified mail at 2288 Hornettown Rd., Morgantown, IN 46160 by April 1, 2006.
Upon entry of this Decree, the Commission will forward a release (see Appendix B) to Aleana Adams for her execution. Adams shall have until March 15, 2006 to sign and return the release to the Commission. If Adams fails to timely return the executed release in the form set forth in Appendix B, she shall waive any claim to relief under this Decree and shall be barred from pursuing any claim raised or which could have been raised in the Commission’s Complaint. If the Commission is unable to obtain an executed release from Adams (or her representative in the event of her death or incapacity) within the time period specified, Adams’s share of damages shall be divided equally among the other class members who have returned executed releases.
The Commission will provide to counsel for Defendant a copy of the release executed by Aleana Adams by March 20, 2006. Then, on or before April 1, 2006, Defendant shall mail the check, by certified mail, to Adams. Defendant shall mail a copy of Adams’s check and proof of its delivery to Adams (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of the check to Adams, the Commission shall forward the release to counsel for Defendant.
7. Defendant agrees to pay the sum of $35,000 to Intervenor Amanda Hedrick, or
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her heirs and assigns in the event of her death. A check in the amount of $12,000 shall be made payable to Amanda Hedrick and sent to her via her attorney John Pierce on or before December 31, 2005. A check in the amount of $12,000 shall be made payable to Amanda Hedrick and sent to her via her attorney John Pierce on or before February 15, 2006. A check in the amount of $11,000 shall be made payable to Amanda Hedrick and sent to her via her attorney John Pierce on or before April 1, 2006. Prior to being eligible to receive any of the above-stated payments, Amanda Hedrick shall execute a Release acknowledging her waiver of claims in exchange for the payment of $35,000. The form of the Release is set forth in Appendix “B.”
8. Within thirty (30) days of the date of entry of this Decree, Defendant agrees to submit to the EEOC its written EEO policy which prohibits harassment in the workplace and communicates procedures for reporting incidents of harassment that include several avenues for complaint, and which includes a telephone number an employee can call to lodge a complaint of harassment with the owner of Figgaziga, Inc. The policy shall also include a statement that Figgaziga, Inc. will not retaliate in any way against persons who report harassment. Defendant agrees that the policy will be included in an employees’ manual or other printed memorandum which will be distributed to each employee. Defendant agrees that the policy prohibiting harassment and procedures for reporting incidents of harassment will be explained to each employee at the time he or she receives the written copy of the policy.
9. Defendant agrees that it shall conduct training seminars for all employees, including all managers and supervisors, at the Brown County IGA facility regarding the policies prohibiting sex discrimination (including but not limited to sexual harassment) and retaliation in the handling of employee complaints of discrimination. Said seminars must be conducted within
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six (6) months from the date of entry of this Decree. Thirty (30) days prior to the date of the seminar, the Defendant shall provide notice to the Commission regarding the date, time, and place of the seminar, and shall send to the Commission a copy of the seminar program and all written materials, if any, to be used at the seminar. The Commission may provide reasonable input on the content of the program.
10. Defendant agrees to submit reports to the EEOC detailing its compliance with this decree. Within sixty (60) days of the date of this Decree, Defendant will certify to the EEOC Regional Attorney that the distribution and explanation of the policy has been completed and provide EEOC with a copy of the personnel manual or memorandum containing the policy prohibiting sexual harassment. Defendant further agrees to submit a report to the EEOC within thirty days of its completion of the training described in paragraph 8 above. Said report shall include the date the training took place and a list of all those employees who attended the training. In addition, two (2) annual reports shall be submitted during the term of this decree. The reports shall be due on December 31, 2006 and December 31, 2007 or two years from the date of entry of this Decree. The report shall include the following information for the Brown County IGA facility for the twelve (12) month period preceding the report: a description of any and all verbal or written complaints of sexual harassment or sex discrimination received by the company or any of its managers or supervisors from any employee, the name and position of the complainant and the disposition of the complaint, including any discipline administered as a result of the complaint. Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.
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11. Defendant agrees that the EEOC may review compliance with this Decree. As part of such review, the EEOC may inspect the premises, interview employees, examine and copy documents.
12. In the event that EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically identifying the alleged violation to Defendant. Defendant will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before Plaintiff exercises any remedy provided by law.
13. The term of this Decree shall be for two (2) years following the date of the entry of this decree.
14. The Commission, Intervenor, and Defendant will bear their own costs and attorney fees.
15. 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.

12/22/2005 ______________________ Date

__________________________________________________________________ Judge, United States DSiAsRtrAiHctECVAoNuSrtBARKER, JUDGE
United States District Court Southern District of Indiana

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Copies to:
Johanna Philhower Maple, Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204 (317) 226-5601 FAX: (317) 226-5571 johanna.maple@eeoc.gov
Mark J. Romaniuk Jeffrey S. Beck BAKER & DANIELS 300 North Meridian Street, Suite 2700 Indianapolis, IN 46204 mark.romaniuk@bakerd.com jeffrey.beck@bakerd.com
John Pierce PIERCE PIERCE & STITES 217 West Ohio, Suite 1 P.O. Box 236 Rockville, IN 47872 attorneypierce1@yahoo.com

APPENDIX A

EMPLOYEE
NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
NOTICE OF NON-DISCRIMINATION POLICY

This Notice is being distributed and posted by agreement between Figgaziga, Inc., d/b/a Brown County IGA (“Brown County IGA”) and the United States Equal Employment Opportunity Commission (EEOC) in a case resulting from a charge alleging sexual harassment. Brown County IGA has a policy which prohibits sexual harassment in its workplace.
Federal law prohibits discrimination against any employee or job applicant because of the individual’s sex, race, color, religion, national origin, disability or age.
Federal law also prohibits sexual harassment in the workplace. Sexual harassment in the workplace occurs when the employer allows its employees to be subjected to verbal or physical conduct of a sexual nature and this conduct interferes with the employee’s work or creates an intimidating or offensive work environment. Federal law also prohibits retaliation of any kind against any person who has opposed any practice made unlawful under federal law or because an individual has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.
Brown County IGA’s employees are expected to personally ensure that their own conduct does not sexually harass other employees.
Brown County IGA will take disciplinary measures against those employees guilty of sexual harassment.
Should you have any complaints of discrimination, including sexual harassment, you can contact the EEOC at the address and telephone number given below.

______________________ Date

____________________________________________ Figgaziga, Inc., d/b/a Brown County IGA

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) 226-5162

APPENDIX B
RELEASE
In consideration of the payment to me by Figgaziga, Inc., d/b/a Brown County IGA of $___________________ and in consideration of the Consent Decree agreed to by the Equal Employment Opportunity Commission and Figgaziga, Inc., d/b/a Brown County IGA in Civil Action 1:05-CV-0529 SEB-VSS, entered by the Court on the _______ day of _____________, 2005, of which this Release is a part, I, ___________________________, hereby fully and forever release and discharge Figgaziga, Inc., d/b/a Brown County IGA, its successors and assigns, including its present and former directors, officers, employees and agents, from any claim or obligation based on alleged discrimination in violation of Title VII, which was or could have been raised in Civil Action No. 1:05-CV-0529 SEB-VSS.
I agree that I will be solely and individually responsible for paying any and all taxes (including FICA or otherwise) which may be due and owing, if any, as a result of Defendant’s payment of the sum set forth above. I acknowledge that I have not relied on any representations made by Defendant or the EEOC relating in any way to the tax treatment of the payments pursuant to this agreement.
I have read this Release and I execute it voluntarily, without coercion or threat of reprisal. IN WITNESS WHEREOF, this Release is signed and executed by me on the _______ day of _______________, 2005.
______________________________ Name

County of

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)SS

State of

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Subscribed and sworn to before me this ______ day of ____________, 2005.

_____________________________ Notary Public

County of Residence__________________

My Commission Expires:__________

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CLOSED, CMP
U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:05-cv-00529-SEB-VSS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. FIGGAZIGA, INC. Assigned to: Judge Sarah Evans Barker Referred to: Magistrate Judge V. Sue Shields Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 04/13/2005 Date Terminated: 12/22/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Johanna P. Maple EEOC 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7229 Fax: (317)226-5571 Email: johanna.maple@eeoc.gov ATTORNEY TO BE NOTICED

Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7202 Fax: (317)226-7203 Email: legal.station@eeoc.gov ATTORNEY TO BE NOTICED

Michelle Eisele EEOC 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7212 Fax: (317)226-7953 Email: michelle.eisele@eeoc.gov ATTORNEY TO BE NOTICED

Intervenor Plaintiff AMANDA HENDRICK

represented by Johanna P. Maple (See above for address) ATTORNEY TO BE NOTICED

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V.
Defendant
FIGGAZIGA, INC. doing business as BROWN COUNTY IGA

John D. Pierce P O Box 236 Rockville, IN 47872 765-569-1071 Email: attorneypierce1@yahoo.com ATTORNEY TO BE NOTICED
represented by Jeffrey Scott Beck BAKER & DANIELS 300 North Meridian Street Suite 2700 Indianapolis, IN 46204 (317) 237-8329 Fax: (317) 237-8429 Email: jeffrey.beck@bakerd.com ATTORNEY TO BE NOTICED
Mark James Romaniuk BAKER & DANIELS 300 N Meridian Street Suite 2700 Indianapolis, IN 46204 (317)237-1135 Fax: (317)237-1000 Email: mjromani@bakerd.com ATTORNEY TO BE NOTICED

Date Filed 04/13/2005 04/13/2005 04/13/2005 04/13/2005 04/13/2005

#

Docket Text

1 COMPLAINT against Defendant, FIGGAZIGA, INC. with JURY DEMAND, filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(DMW, ) (Entered: 04/14/2005)
2 CIVIL COVER SHEET by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (DMW, ) (Entered: 04/14/2005)
3 NOTICE and Acknowledgment for Service by Mail filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (DMW, ) (Entered: 04/14/2005)
4 Summons Issued as to Defendant, FIGGAZIGA, INC.. (DMW, ) (Entered: 04/14/2005)
5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued (DMW, ) (Entered: 04/14/2005)

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05/03/2005 05/03/2005 05/03/2005 05/03/2005 05/05/2005
06/03/2005 06/06/2005 06/06/2005 06/06/2005 06/10/2005 06/13/2005 06/15/2005
06/15/2005
06/22/2005 06/22/2005 07/20/2005

6 NOTICE of Appearance by Jeffrey Scott Beck on behalf of FIGGAZIGA, INC. (Beck, Jeffrey) (Entered: 05/03/2005)
7 NOTICE of Appearance by Mark James Romaniuk on behalf of FIGGAZIGA, INC. (Romaniuk, Mark) (Entered: 05/03/2005)
8 CORPORATE DISCLOSURE STATEMENT by FIGGAZIGA, INC.. (Romaniuk, Mark) (Entered: 05/03/2005)
9 ANSWER to Complaint by FIGGAZIGA, INC..(Romaniuk, Mark) (Entered: 05/03/2005)
10 SCHEDULING ORDER: Initial Pretrial Conference set for 6/22/2005 09:00 AM in room #256 before Magistrate Judge V. Sue Shields. The CMP is due no later than 14 days prior to the iptc. Signed by Judge V. Sue Shields on 5/5/05. (SWM, ) (Entered: 05/05/2005)
11 CASE MANAGEMENT PLAN TENDERED by all parties. (Attachments: # 1 Magistrate Judge's Summary of Case Management Plan)(Romaniuk, Mark) (Entered: 06/03/2005)
12 MOTION to Intervene by Amanda Hedrick. (Attachments: # 1 Exhibit Proposed Complaint# 2 Text of Proposed Order)(Pierce, John) (Entered: 06/06/2005)
13 NOTICE of Appearance by John D. Pierce on behalf of Amanda Hedrick (Pierce, John) (Entered: 06/06/2005)
14 ORDER: CASE MANAGEMENT ORDER APPROVED as amended. Dispositive motions due by 3/10/2006. Signed by Judge V. Sue Shields on 6/6/05. (SWM, ) (Entered: 06/07/2005)
15 ORDER granting 12 Motion to Intervene by Amanda Hedrick . Signed by Judge Sarah Evans Barker on 6/10/05. (MAC, ) (Entered: 06/13/2005)
16 Intervenor COMPLAINT , filed by AMANDA HENDRICK.(MAC, ) (Entered: 06/13/2005)
17 SCHEDULING ORDER: Final Pretrial Conference set for 10/11/2006 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial set for 10/23/2006 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 6/15/05. (MAC, ) (Entered: 06/16/2005)
18 SCHEDULING ORDER: Settlement Conference set for 12/16/2005 01:30 PM in room #256 before Magistrate Judge V. Sue Shields. Confidential settlement statements due no later than two business days prior to the conference. Signed by Judge V. Sue Shields on 6/15/05. (SWM, ) (Entered: 06/16/2005)
19 ANSWER to Intervenor Complaint by FIGGAZIGA, INC..(Romaniuk, Mark) (Entered: 06/22/2005)
20 Minute Entry for proceedings held before Judge V. Sue Shields : Initial Pretrial Conference held on 6/22/2005 and concluded w/o further order. (SWM, ) (Entered: 06/23/2005)
21 NOTICE of Service of Initial Disclosures by AMANDA HENDRICK (Pierce, John) (Entered: 07/20/2005)

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09/13/2005 09/13/2005 10/12/2005 12/03/2005 12/05/2005
12/08/2005 12/08/2005 12/08/2005 12/16/2005 12/19/2005
12/21/2005 12/22/2005

22 Witness List (Preliminary) by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Maple, Johanna) (Entered: 09/13/2005)
23 Exhibit List (Preliminary) by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.. (Maple, Johanna) (Entered: 09/13/2005)
24 Witness List and Exhibit List (Preliminary) by FIGGAZIGA, INC.. (Romaniuk, Mark) (Entered: 10/12/2005)
25 MOTION for Extension of Time to January 3, 2006 by AMANDA HENDRICK. (Attachments: # 1 Text of Proposed Order)(Pierce, John) (Entered: 12/03/2005)
26 ORDER re 25 MOTION for Extension of Time to January 3, 2006 filed by AMANDA HENDRICK. Before this Motion is considered, the Mag Judge wants assurances from all parties that the extension, if granted, will not be an impediment to the settlement conference set for 12/16/05. Signed by Judge V. Sue Shields on 12/5/05. (SWM, ) (Entered: 12/07/2005)
27 RESPONSE to Motion re 25 MOTION for Extension of Time to January 3, 2006 filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Maple, Johanna) (Entered: 12/08/2005)
28 RESPONSE in Opposition re 25 MOTION for Extension of Time to January 3, 2006 filed by FIGGAZIGA, INC.. (Romaniuk, Mark) (Entered: 12/08/2005)
29 ORDER granting intervenor Amanda Hedricks' 25 Motion for Extension of Time to File responses to deft's interrogatories to 1/3/06 . Signed by Judge V. Sue Shields on 12/8/05. (SWM, ) (Entered: 12/09/2005)
30 Minute Entry for proceedings held before Judge V. Sue Shields : Settlement Conference held on 12/16/2005 and successfully concluded. (SWM, ) (Entered: 12/19/2005)
31 ENTRY - the parties have reported a Settlement; all dates and deadlines previously established, including the 10/23/06 Trial Date and the 10/11/06 Final Pretrial Conference, are Vacated and any pending Motion is Denied as Moot. Parties are directed to finalize their agreement and file the appropriate documents on or before 1/20/06. Failure to do so will result in the administrative closing of this cause. Signed by Judge Sarah Evans Barker on 12/19/05. (MAC, ) (Entered: 12/19/2005)
32 Joint MOTION for Entry of Consent Decree by all parties. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Maple, Johanna) (Entered: 12/21/2005)
33 CLOSED JUDGMENT and Entry of Consent Decree in favor of Plaintiffs (S.E.) . Signed by Judge Sarah Evans Barker on 12/22/05. (MAC, ) (Entered: 12/27/2005)

Case #:1:05-cv-00529-SEB-VSS

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