Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA Lake Charles Division

U, 5. [l:~HRICT COURT WESTERH LII:)Tt·:ICT Of LOIJISIANA
FIL[D
SHEI.IWELL, CLERK

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

EADS AEROFRAME SERVICES,LLC )

)

)

Defendant.

)

LC
JUDGE MINAL
COMPLAINT JURY TRIAL DEMAND
MAGISTRATE JUDGE WILSO~

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis ofrace and to provide appropriate relief to Michael A. Fontenot, and other similarly situated African American, Hispanic and White employees who were adversely affected by such practices. In addition, The U.S. Equal Employment Opportunity Commission alleges that Michael A. Fontenot and other similarly situated African American and Hispanic and White employees were subjected to a racially offensive work environment; and that he and other similarly situated Black and Hispanic employees were retaliated against for complaining about the racial discrimination by EADS AEROFRAME SERVICES, LLC
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(£)(1) and (3) of

Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 2 of 6
Title VII of the Civil Rights Act of !964, as amended, 42 U.S.C.§ 2000e-5(f)(l) and (3), and Section 102 of the Civil Rights Act of1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(l) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, EADS AEROFRAME SERVICES, LLC., has continuously been a foreign corporation doing business in the State of Louisiana and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, EADS AEROFRAME SERVICES, LLC., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) ofTitle VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michael A. Fontenot filed charges of discrimination with the Commission alleging violations of Title VI I of the Civil Rights Act of 1964, as amended. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least on or about the beginning of August of2002, Defendant has engaged in unlawful employment practices in violation of section 703(a)(l)and (2) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e-2(a)(l) and (2), and Section 704(a) of

Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 3 of 6
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-3(a). The unlawful practices consisted of subjecting Michael A. Fontenot, and other similarly situated African American and Hispanic employees to a racially hostile environment by permitting employees to be referred to in derogatory terms such as "Niggers" and ''Wetbacks", and other extreme racist comments. In addition, a White employee was threatened and harassed as a result of his association with African American and Hispanic employees. Further, Michael Fontenot and other African American and Hispanic employees complained about the racial harassment. After making a formal complaint about the racial harassment, Michael Fontenot and one of the Hispanic employees were both transferred to the night shift by the Defendant. Defendant was made aware of the continuing racial harassment, but took no action to address the harassing behavior. 8. The unlawful employment practices complained of in paragraph 7 above were intentional. 9. The unlawful employment practices complained of in paragraph 7 above were done with malice or reckless indifference to the federally protected rights of Michael A Fontenot and other similarly situated Black and Hispanic employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in concert or participation with it, from engaging in employment practices which discriminate on the basis of race and retaliation. B. Order Defendant, its officers, successors, assigns, to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals, and which eradicate the effects of its past and present unlawful employment practices.

Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 4 of 6
C. Order Defendant, its officers, successors, assigns, to make Michael A. Fontenot and other similarly situated African American, Hispanic and White employees, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, lowered self esteem and humiliation, in amounts to be determined at trial. D. Order Defendant, its officers, successors, assigns to pay Michael A. Fontenot and other similarly situated African American, Hispanic and White employees punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined at trial. E. Grant such further relief as the Court deems necessary and proper in the public interest. F. Award the Commission its cost of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
ERIC S. DREIBAND General Counsel JAMESL.LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 5 of 6

Agent for Service
CT Corporation Systems 8550 United Plaza Baton Rouge, LA 70809

l(~vd& -1 /3rtlld~
MI ELLE T. BUTLER Supervisory Trial Attorney La. Bar Roll Number 1286
'Y~a~
lin:r;IAN M. THORNTON Senior Trial Attorney La. Bar Roll Number 25525 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 701 Loyola Ave., Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-2086 (Thornton)
(504) 589-3844 (Main) Facsimile: (504) 589-2085

Case 2:04-cv-02013-PM-APW Document 1-1 Filed 09/30/2004 Page 6 of 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New Orleans District Office

701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936
(504) 589-2329 TfY (504) 589-2958 FAX (504) 589-6861
Website:www.eeoc.gov

CLERK OF COURT United States District Court Western District of Louisiana 800 Lafayette Street, Suite 2100 Lafayette, La. 70501

September 29, 2004

RECEIVED

S£p 3 0 2004

6 'RWOfSBTtfRRT~ 1O1iSSTHRfc~~~LL CLfRK LAFAYETTt lOU l UJSIANA

'

ISIAitA

RE: EEOC vs. EADS AEROFRAME SERVICES, LLC
Dear Sir,

tY/-~tJ/3 f>MUf:l/J

Enclosed please find one original and four copies of our complaint in the abov/captioned matter. Would you please send our office a stamped copy in the enclosed selfaddressed envelope. Thank you for your prompt attention to this matter.

Yours truly,
VIdJiaJnLM._ThIorbnton ~

 
 Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA Lake Charles Division

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

EADS AEROFRAME SERVICES, LLC )

)

Defendant.

)

CIVIL ACTION NO. 04-2013 JUDGE MINALDI MAGISTRATE JUDGE WILSON
JURY TRIAL DEMAND

AMENDED COMPLAINT

NOW INTO COURT, through undersigned counsel. comes Plaintiff. the United States

Equal Employment Opportunity Commission, and files its Amended Complaint. This

Amended Complaint is filed to withdraw any claims or prayer for retaliatory relief.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis efrace and to provide appropriate reliefte Michael A. Fontenot, and other similarly situated African American, Hispanic and White employees who were adversely affected by such practices. In addition, the U.S. Equal Employment Opportunity Commission alleges that Michael A. Fontenot and other similarly situated Afiican American and Hispanic and White employees were subjected to a racially offensive work environment, by EADS AEROFRAME SERVICES, LLC.

Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 2 of 6
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.c.§ 2000e-5(f)(I) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency ofthe United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(£)(1) and (3) ofTitle VII, 42 U.S.C. Section 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, EADS AEROFRAME SERVICES, LLC., has continuously been a foreign corporation doing business in the State ofLouisiana and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, EADS AEROFRAME SERVICES, LLC., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 V.S.c. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michael A. Fontenot filed charges of discrimination with the Commission alleging violations of Title VI I of the Civil Rights Act of 1964, as amended. All conditions precedent to the institution of this lawsuit have been fulfilled.

- - - - - - - - - - --
Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 3 of 6

7.

Since at least on or about the beginning of August of 2002, Defendant has

engaged in unlawful employment practices in violation of section 703(a)(l)and (2) of Title VII of

the Civil Rights Act of 1964, as amended, 42 U.S.c. Sections 2000e-2(,)(1) and (2), of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.c. The unlawful practices consisted of

subjecting Michael A. Fontenot, and other similarly situated African American and Hispanic

employees to a racially hostile environment by pennitting employees to be referred to in

derogatory terms such as '''Niggers'' and "Wetbacks". and other extreme racist comments. In

addition, a White employee was threatened and harassed as a result of his association with

African American and Hispanic employees. Further, Michael Fontenot and other African

American and Hispanic employees complained about the racial harassment. After making a

formal complaint about the racial harassment, Michael Fontenot and one of the Hispanic

employees were both transferred to the night shift by the Defendant. Defendant was made aware

of the continuing racial harassment, but took no action to address the harassing behavior.

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

intentional.

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

with malice or reckless indifference to the federally protected rights of Michael A Fontenot and

other similarly situated Black and Hispanic employees.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and

all persons in concert or participation with it, from engaging in employment practices which

discriminate on the basis of race.

Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 4 of 6
B. Order Defendant, its officers, successors, assigns, to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant, its officers, successors, assigns, to make Michael A. Fontenot and other similarly situated African American, Hispanic and White employees, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, lowered self esteem and humiliation, in amounts to be detel111ined at triaL D. Order Defendant, its officers, successors, assigns to pay Michael A. Fontenot and other similarly situated African American, Hispanic and White employees punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be detennined at triaL E. Grant such further relief as the Court deems necessary and proper in the public interest. F. Award the Commission its cost of this action.
JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its complaint.
ERIC S. DREIBAND General Counsel JAMESL.LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
KEITT.HILL
Regional Attorney

Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 5 of 6

Agent for Service
CT Corporation Systems 8550 United Plaza Baton Rouge, LA 70809

'!ltJdlt v1 /~14~
MICHELLE T, BUTd:R Supervisory Trial Attorney
~~ Roll Number 1;286
~A~~~, LILLIAN M, THORNTON Senior Trial Attorney La. Bar Roll Number 25525 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 701 Loyola Ave., Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-2086 (Thornton) (504) 589-3844 (Main) Facsimile: (504) 589-2085

Case 2:04-cv-02013-PM-APW Document 2 Filed 10/15/2004 Page 6 of 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New Orleans District Office

701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936

CERTIFIED MAIL NO: 7000 1530 0004 9755 5559 RETURN RECEIPT REQUESTED

nY (504) 589-2958 FAX (504) 589-6861

RECEIVED
OCT 15 2004

October 14, 2004

ROBERT H. SHEMWELL CLERK WESTERN D1STRlCl Of L6U1SLAJ!lA
lA.FAYEHE, LOUISIANA

Honorable Robert H. Shemwell Clerk of Court Western District of Louisiana 800 Lafayette Street, Suite 2100 Lake Charles, Louisiana 70501

Re: EEOC v. Eads Aeroframe Services. LLC C. A. No. CV04-2103

Dear Mr. Shemwell:

Enclosed with this letter you will find an Original and (4) copies of the Amended Complaint along with Original and (2) copies of the Summons..
It is requested that when you time stamp the extra copies I have provided and return to me in the enclosed self-addressed envelope.
Thanking you in advance for your cooperation in this matter.

Sincerely,
Keith T. Hill
~~ Ella M .. Rivers Paralegal Specialist
Enclosures
KTHlEMRlEMR#parnended:complaint for Eads Aeroframe Services, LLC

 
 •
Case 2:04-cv-02013-PM-APW Document 24 Filed 07/20/2006 Page 1 of 1 RECEIVED
iN LAKE CHARLES, LA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VERSUS
EADS AEROFRAME SERVICES, LLC

DOCKET NO. 04 CV 2013 JUDGE MINALDI MAGISTRATE JUDGE WILSON

60 DAY JUDGMENT OF DISMISSAL

The court having been advised by counsel for the defendant that the above-

captioned matter has settled,

IT IS ORDERED that this action is hereby dismissed without prejudice to the right,

upon good cause shown within sixty (60) days, to reopen the action if settlement is not

consummated.

IT IS FURTHER ORDERED that the parties be directed to file an appropriate order

of dismissal as soon as the settlement documents are executed. If no motion to reopen

is filed, the case is officially closed and the Clerk of Court shall be relieved of responsibility

of sending out further notices in this matter.

4 Lake Charles, Louisiana, this

day of Jul ,2006.

CI INALDI STATES DISTRICT COURT

 
 --------------------.--_.

Case 2:04-cv-02013-PM-APW
RECEIVED
IN L!~KE CHARLES, LA

Document 33

Filed 11/14/2006

Page 1 of 8

NOV 14 2006

(~WELl' ROBERT

UNITED STATES DlSTRICf COURT CLERK WESTERN DlSTRICf OF LOUISIANA

WESTERN DISTRICT Of LOUISIANA

LAKE CHARLES DIVISION

U.S. EQUAL EMPLOYMENT

•

OPPORTUNITY COMMISSION

•

•

•

VERSUS

*

•

• EADS AEROFRAME SERVICES, L.L.C.

CIVIL ACfION NUMBER: 04·2013 JUDGE MINALDI MAGISTRATE WILSON

CONSENT DECREE
1. The United States Equal Employment Opportunity Commission ("the Commission") instituted Civil Action Number 04-2013 in the United States District Court for the Western District of Louisiana, Lake Charles Division, on September 30,2004, charging EADS Aeroframe Services, L.L.C. ("Defendant') with violations of Section 703(.)(1) and (2) of Title VII of the Civil Rights Act of 1964, as ameoded; 42 U.S.C. Sections 20oo0-2(a)(I) and (2); Section 704(a) of Title VII of the Civil Rights Act of 1964, as ameoded; and 42 U.S.C. Section
20QOe-3(a), and alleging that the Defendant subjected Charging Party, Michael Fontenot, and other similarly situated African American and Hispanic employees. to a racially offensive work
envirorunent.
2. Defendant's Answer denied the allegations, This Consent Decree ("Decree")
resolves the Charge of Discrimination filed by Michael Fontenot, Charge Number 270-2003-
01141 and the lawsuit instituted by the Conunission, Civil Action No. 04-2013, United States District Court, Western District of Louisiana.
3. Defendant, EADS Aeroframe Services, L.L.C., bas not admitted and specifically denies that it engaged in any unlawful employment practices; and

102730.1

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33

Filed 11/14/2006

Page 2 of 8

4. The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of findings of fact and conclusions of law; and
5. EADS Aeroframe Services, L.L.C. and the Commission have agreed to settle this matter for the relief specified in this Consent Decree; and
6. The Commission and EADS Aeroframe Services, L.L.C. wish to resolve all claims and controversies encompassed by or arising out of EEOC Charge No. 270-2003-01141 and Civil Action No. 04-2013 without burden. expense or delay of further litigation.
Therefore, it is ORDERED, ADJUDGED AND DECREED that: 7. The negotiation, execution and entry of this Consent Decree constitutes a complete resolution of all claims that were made or could have been made by the Conunission
against EADS Aeroframe Services, L.L.C. in this action.
8. Neither the negotiation, execution, nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by EADS Aeroframe Services, L.L.C., that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order.
9. EADS Aeroframe Services, L.L.C. formerly engaged in the business of maintaining, repairing. overhauling, and modifying commercial. civil and general aviation aircraft at the Chennault Airport in Lake Charles. Louisiana. In July, 2005, substantially all of the assets of Defendant were sold to ·'FFC Louisiana" pursuant to a document dated July 8, 2005 characterized as an "asset sale."
10. If, during the three year length of this Decree, EADS Aeroframe Services, L.L.C., resumes operations in the Uniled States, it will be deemed a Defendant subject to the tenns and
2
102730.\

Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 3 of 8
conditions of this Decree. It: subsequent to the effective date of this Decree, an entity deemed
the legal successor of EADS Aeroframe Services. L.L.C. within the meaning of Title VII, conunences operations in the United States, that entity will also be deemed a Defendant within the meaning of and subject to the tenns of conditions this Decree. Therefore, when the word "Defendant" is utilized herein. it refers both 10 EADS Aeroframe Services, L.L.c. and any legal successor to the entity within the meaning of Title VII.
PROHIBITION AGAINST RACIAL DISCRIMINATION OR HARASSMENT t 1. Defendant, its directors, officers, agents, employees and successors ar assigns
shall not maintain or pennit discrimination in the WOrkplace against any applicant for
employment or employee based upon such person's race, and in particular will not pennit any fann of racial discrimination or harassment to be maintained in the workplace. Rather, Defendant will make prompt and remedial action to correct any race discrimination, and particularly any racial harassment, that may occur.
12. Defendant, its directors, officers, agents, employees and successors or assigns shall not maintain or permit race discrimination or harassment in the workplace against any applicant for employment or any employee. and will not permit any retaliatory action because the employee or applicant has exercised their federally protected right to make a complaint under Title VII. Defendant will not tolerate any retaliatory management decision.
13. Should it or a legal successor commence operations, Defendant agrees to implement and distribute to all employees and to enforce an effective written policy and
procedure for preventing and investigating complaints of discrimination and harassment as well
as those of retaliation in the workplace. Defendant will also ensure that the Defendant's Owners
and Management staff, particularly its Managers and Supervisors, have received a copy of the 3
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Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 4 of 8

policy and procedures concerning harassment and discrimination and will ensure that these policies contain the infonnatioD detailed in paragraph 14 below.
14. During the duration of this decree, if Defendant reswnes operations in the United States, or if an entity deemed Defendant's legal successor for purposes of Title VII commences operations in the United States, it shall maintain a complaint procedure that is designed to encourage employees to file internal complaints regarding race discriminations and retaliation regardless of the position held by the alleged harasser so long as those complaints are made in good faith. Defendant's complaint procedure shall provide the following: (I) simple. convenient, confidential and reliable mecha:nisms for reporting incidents of race discrimination and harassment; (ii) prompt investigation of complaints of race discrimination and retaliation; (iii) appropriate remedial action to resolve the complaint and to deter future incidents of race discrimination and retaliation; (iv) assurances that complainants will not be subjected to intimidation. harassment and/or retaliation; and (v) assurances that the company deems it impermissible to lake any form of adverse action against someone who makes a complaint of employment discrimination. so long as the person who makes the complaint does so in good faith; and (vi) the name and telephone number of EEOC's Field Office in which the entity is doing business. Defendant shall report compliance under this section to the EEOC New Orleans Field Office.
15. Defendant agrees not to hire Bryant Taylor at any business it may operate now or in the future.

INDIVIDUAL RELIEF 4

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Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 5 of 8
16. Defendant shall pay to Michael Fontenot the sum of fifteen thousand dollars
($15,000) as compensatory damages within twenty (20) days of signing of this Decree by the
Defendant and Commission, or seven (7) days following Mr. Fontenot's execution of a Receipt, Release and Settlement Agreement, whichever is later. Defendant or its counsel shall provide a
copy of the check issued to Micbael Fontenot to the EEOC's New Or1eans Field Office to the attention of Lillian Thornton, Senior Trial Attorney, at the address of the EEOC: EEOC. New Orleans District Office, 1555 Poydras St., Suite 1900, New Orleans, Louisiana 70112.
17. Defendant shall pay to John Brown the sum of one thousand five hundred dollars ($1,500.00) as compensatory damages within (20) days of signing of this decree by Defendant and Commissio~ or seven (7) days following Mr. Brown's execution of a Receipt. Release and Settlement Agreement, whichever is later. Defendant or its counsel shall provide a copy of the check issued to John Brown to the EEOC's New Orleans Field Office to the attention of Lillian Thornton, Senior Trial Attorney, at the address of the EEOC: EEOC. New Orleans District Office, 1555 Poydras St., Suite 1900. New Orleans, Louisiana 70112.
18. Defendant shall pay to Alan Arenivar the sum of one thousand five hundred dollars ($1,500.00) as compensatory damages within (20) days of signing of this decree by
Defendant and Commission. or seven (7) days following Mr. Arenivar's execution of a Receipt, Release and Settlement Agreement, whichever is later, Defendant or its counsel shall provide a
copy of the check issued to Alan Arenivar to the EEOC's New Orleans Field Office to the attention of Lillian Thornton, Senior Trial Attorney, at the address of the EEOC: EEOC, New Orleans District Office., 1555 Poydras St., Suite 1900, New Orleans, Louisiana 70112.
REPORTING REQUIREMENTS
5
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Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 6 of 8
19. IfEADS Aeroframe Services, L.L.C., resumes operations, or ifan entity deemed its legal successor commences operations in the United States, either entity shall prepare a report within six months of commencing operations, containing the following infonnation:
a. Information on the re-establislunent of EADS Aeroframe Services, L.L.C. as an ongoing business entity ANDIOR infonnation on the establishment of a legal successor entity, including the date and location of the new business.
b. Information on the filing of any internal complaints under the Complaint Procedure set forth in this Decree.
c. Infonnation on the training procedures established . CONSENT DECREE ENFORCEMENT
20. In the event that Defendant fails to perfonn its obligations herein, Plaintiff EEOC (Commission) is empowered to enforce this Consent Decree through the applicable judicial
enforcement procedures and to seek sacctions which may be due as a result of the need to
enforce this Decree. Any attempt by the Defendant to recoup any part of money paid out to any party under this agreement shall be a violation afthis Decree and subject to appropriate sanctions by the court. This Decree shall remain in fOTCe for three (3) years from the date of the entry of
the Decree.
21. Should any provision aftbis Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, tenns or provisions shaH not be affected thereby and said illegal or invalid parts, tenn, or provision shall be deemed not to be a part of
this Decree.
22. 1b.is Decree sets forth the entire agreement between the Conunission and Defendant, and fully supersedes any and all prior agreements or understandings between the Commission and the Defendant pertaining to the subject matter herein.
6
102130.1

Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 7 of 8 23. The Commission and Defendant, EADS Aeroframe Services, L.L.C.. will each
bear their own attorney's fees and costs incurred in connection with this litigation.
24. The signatories represent that they have authority to execute this agreement on behalfof their respective clients.
25. This agreement may be signed in counterparts.
IT IS SO ORDERED
Lake Charles, Louisiana this ~day o'.'.f::::::::t'.OL0:,!,~--,--_ _"2006.
H N.PATRlCIAMlNALDI '-kTTTED STATES DISTRICT COURT
7
702730.1

Case 2:04-cv-02013-PM-APW Document 33 Filed 11/14/2006 Page 8 of 8
APPROVED AS TO FORM AND CONTENT: FOR THE PLAINTIFF: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1555 Poydras St., Suite 1900 New Orleans LA 70112
Telephone: (504) 595-2876
Fax: (504) 589-2805
FOR THE DEFENDANT: BREAZEALE, SACHSE & WILSON, L.L.P.
One American Place, 23rd Floor Post Office Box 3197 Baton Rouge, Louisiana 70821-3197 Telephone: (225) 381'-4(]~g..'1
Fax: (225)
8
702n(1.I

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 1 of 6

U.S. District Court Western District of Louisiana (Lake Charles) CIVIL DOCKET FOR CASE #: 2:04-cv-02013-PM-APW

Equal Employment Opportunity Commission v. E A D S Aeroframe Services L L C Assigned to: Judge Patricia Minaldi Referred to: Honorable Alonzo P Wilson Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lillian M Thornton E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

Melissa M Shirley Breazeale Sachse & Wilson (BR) P O Box 3197 Baton Rouge, LA 70821 225-387-4000 Fax: 225-387-5397 Email: mms@bswllp.com ATTORNEY TO BE NOTICED

Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817

Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?777789354806015-L_923_0-1

5/17/2007

CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 2 of 6

V. Defendant E A D S Aeroframe Services L L C

represented by Melissa M Shirley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Murphy J Foster, III Breazeale Sachse & Wilson (BR) P O Box 3197 Baton Rouge, LA 70821 225-387-4000 Fax: 225-387-5397 Email: mjf@bswllp.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 10/15/2004 10/15/2004 11/09/2004 11/09/2004 01/06/2005 03/10/2005 03/18/2005
06/07/2005

#

Docket Text

1 COMPLAINT against E A D S Aeroframe Services L L C with Jury Demand filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(Prest, B) (Entered: 10/04/2004)

2 FIRST AMENDED COMPLAINT against E A D S Aeroframe Services L L C with Jury Demand, filed by Equal Employment Opportunity Commission.(Deville, C) (Entered: 10/18/2004)

3 SUMMONS ISSUED as to E A D S Aeroframe Services L L C. (Deville, C) (Entered: 10/18/2004)

4 ANSWER to Complaint and Amended Complaint, by E A D S Aeroframe Services L L C.(Wormser, C) (Entered: 11/17/2004)

5 CORPORATE DISCLOSURE by E A D S Aeroframe Services L L C. (Wormser, C) (Entered: 11/17/2004)

6 REPORT of Rule 26(f) Planning Meeting. (Franklin, K) (Entered: 01/07/2005)

7 MOTION for Pamela Alfred-George to Enroll as Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Williams, L) (Entered: 03/11/2005)

8 ORDER granting 7 Motion to Enroll as Additional Counsel. Added as counsel Pamela Alfred-George for Equal Employment Opportunity Commission. Signed by Judge Alonzo P Wilson on 03/18/05. (Williams, L) (Entered: 03/18/2005)

9 ORDER Telephone Scheduling Conference set for 7/21/2005 09:30 AM before Honorable Alonzo P Wilson. Signed by Judge Alonzo P Wilson on 6/7/05. (Attachments: # 1)(crt,Monceaux, P) (Entered: 06/07/2005)

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06/20/2005 06/20/2005 06/21/2005 06/21/2005 07/15/2005 07/21/2005 09/07/2005
10/24/2005 10/24/2005 11/09/2005
01/09/2006
01/24/2006

RECEIVED CONSENT TO PROCEED FORM by E A D S Aeroframe Services L L C. (crt,Franklin, K) (Entered: 06/20/2005)
10 UNOPPOSED MOTION FOR EXTENSION OF TIME to Answer Discovery WITH CONSENT by E A D S Aeroframe Services L L C. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 06/20/2005)
11 ORDER granting 10 Motion to Extend Time to Respond to Discovery. Signed by Judge Alonzo P Wilson on 6/21/05. (crt,Monceaux, P) (Entered: 06/21/2005)
Set/Reset Deadlines: Response to Discovery Request due by 7/27/2005. (crt,Monceaux, P) (Entered: 06/21/2005)
RECEIVED CONSENT TO PROCEED FORM by Equal Employment Opportunity Commission. (crt,Benoit, T) (Entered: 07/15/2005)
12 TRIAL FIXING ORDER: Jury Trial set for 5/8/2006 10:00 AM in Lake Charles, courtroom 4 before Judge Patricia Minaldi. Signed by Judge Alonzo P Wilson on 07/21/05. (crt,Barkley, B) (Entered: 07/21/2005)
NOTICE OF SERVICE SUSPENDED: Notice to Lillian M Thornton is discontinued in this case due to unsuccessful mail delivery resulting from Hurricane Katrina. Until mail delivery resumes and/or notification of a change of address or substitution of counsel is received, above-named counsel will not receive notice. (crt,Brown, A) (Entered: 09/07/2005)
13 NOTICE of Temporary Change of Address by Jim Sacher. (crt,Williams, L) (Entered: 10/24/2005)
14 NOTICE of Temporary Change of Address by Jim Sacher on behalf E E O C (crt,Franklin, K) (Entered: 10/24/2005)
NOTICE OF SERVICE RESTORED: Notice to Lillian M Thornton has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Joffrion, B) (Entered: 11/09/2005)
MAIL RETURNED as Undeliverable: Mail sent to Equal Employment Opportunity Commission, Lillian M Thorton, 701 Loyola Ave Ste 609, New Orleans, LA 70113, re: Notice of Service Restored, returned by U S Postal Svc marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Brown, A) (Entered: 01/11/2006)
15 DEFICIENT Unopposed MOTION to Continue Trial With Consent by E A D S Aeroframe Services L L C. (Attachments: # 1 Proposed Order) (aty,Shirley, Melissa) Modified on 1/24/2006 to indicate deficient status due to incorrect caption and to add a description of the attachment (Whidden, C). Modified on 1/24/2006 to indicate that this motion has been resubmitted in its entirety; See 17 Corrective Document(Whidden, C). (Entered: 01/24/2006)

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01/24/2006 01/24/2006
01/24/2006 01/24/2006 01/26/2006 01/26/2006 04/24/2006
04/24/2006 04/25/2006 05/15/2006

16 NOTICE of Deficiency to Melissa M Shirley on behalf of E A D S Aeroframe Services L L C re: Motion to Continue Trial submitted on January 24, 2006. Reason: the motion bears a caption which does not match the case in which it was e-filed. (crt,Whidden, C) (Entered: 01/24/2006)
17 CORRECTIVE DOCUMENT entitled Motion to Continue filed by E A D S Aeroframe Services L L C regarding 15 DEFICIENT Unopposed MOTION to Continue Trial With Consent, 16 Notice of Deficiency,. (Attachments: # 1 Proposed Order)(aty,Shirley, Melissa) Modified on 1/24/2006 to give a description to the attachment(Whidden, C). (Entered: 01/24/2006)
UNOPPOSED MOTION to Continue Trial by E A D S Aeroframe Services L L C. (This motion is filed as 17 Corrective Document.) (crt,Whidden, C) (Entered: 01/24/2006)
*** Motions Transferred to Judge Patricia Minaldi regarding UNOPPOSED MOTION to Continue Trial. (crt,Dean, S) (Entered: 01/25/2006)
18 ORDER granting [] Motion to Continue Trial. Signed by Judge Patricia Minaldi on 01/25/06. (crt,Williams, L) (Entered: 01/27/2006)
Set/Reset Hearings: Jury Trial reset for 11/13/2006 10:00 AM before Judge Patricia Minaldi. (crt,Williams, L) (Entered: 01/27/2006)
19 DEFICIENT Joint MOTION to Continue Trial with consent by E A D S Aeroframe Services L L C. (Attachments: # 1Proposed Order) (aty,Shirley, Melissa) Modified on 4/24/2006 to indicate that this document is deficient as it bears a caption for another case(Whidden, C). Modified on 4/25/2006 to indicate that this document has been resubmitted in its entirety. See 21 Joint Motion to Continue Trial and Vacate Deadlines Pending Mediation(Whidden, C). (Entered: 04/24/2006)
20 NOTICE of Deficiency to Melissa M Shirley on behalf of E A D S Aeroframe Services L L C re: Joint Motion to Continue Trial and Vacate Deadlines Pending Mediation submitted on April 24, 2006. Reason: document bears incorrect caption. (crt,Whidden, C) (Entered: 04/24/2006)
21 Joint MOTION to Continue Trial With Consent by E A D S Aeroframe Services L L C and Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(aty,Shirley, Melissa) Modified on 4/25/2006 to give description to the attachment and to add filer(Whidden, C). (Entered: 04/25/2006)
22 ORDER granting 21 Joint Motion to Continue Trial. All deadlines willbe reassigned. Trial is refixed for April 9, 2007 at 10:00 a.m. Signed by Judge Patricia Minaldi on 05/15/06. (crt,Williams, L) (Entered: 05/17/2006)

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05/15/2006 07/20/2006 07/20/2006 09/18/2006
09/18/2006
09/29/2006 10/18/2006
10/23/2006 11/01/2006 11/08/2006 11/14/2006
11/14/2006

Reset Hearings: Jury Trial reset for 4/9/2007 10:00 AM before Judge Patricia Minaldi. (crt,Williams, L) (Entered: 05/17/2006)
23 LETTER from Judge Minaldi to Melissa Shirley re: settlement. (crt,Monceaux, P) (Entered: 07/20/2006)
24 60 DAY JUDGMENT OF DISMISSAL. Signed by Judge Patricia Minaldi on 7/19/06. (crt,Monceaux, P) (Entered: 07/20/2006)
25 Joint MOTION FOR EXTENSION of Administrative Dismissal with consent by Equal Employment Opportunity Commission, E A D S Aeroframe Services L L C. (Attachments: # 1 Proposed pleading Proposed Order)(aty,Shirley, Melissa) (Entered: 09/18/2006)
26 CORRECTIVE DOCUMENT entitled Joint Motion to Extend Administrative Dismissal filed by Equal Employment Opportunity Commission, E A D S Aeroframe Services L L C regarding 25 Joint MOTION FOR EXTENSION of Administrative Dismissal with consent. (aty,Shirley, Melissa) (Entered: 09/18/2006)
27 ORDER granting 25 Joint MOTION FOR EXTENSION of Administrative Dismissal. Signed by Judge Patricia Minaldi on 9/28/06. (crt,Alexander, E) (Entered: 09/29/2006)
28 Joint MOTION FOR EXTENSION of Administrative Dismissal with consent by Equal Employment Opportunity Commission, E A D S Aeroframe Services L L C. (Attachments: # 1 Proposed pleading Proposed Order)(aty,Shirley, Melissa) (Entered: 10/18/2006)
29 ORDER granting 28 Joint Motion for Extension of Administrative Dismissal. Signed by Judge Patricia Minaldi on 10/23/06. (crt,Alexander, E) (Entered: 10/24/2006)
30 LETTER from Lillian M Thornton to Judge Patricia Minaldi requesting an extension of time to file the Consent Decree for the Court's enforcement and approval. (crt,Alexander, E) (Entered: 11/02/2006)
31 MOTION to Approve and Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Decree) (crt,Alexander, E) (Entered: 11/08/2006)
32 MINUTE ENTRY: IT IS ORDERED that this action is hereby reopened in order that a ruling can be issued on the Motion to Approve and Enter Consent Decree. Signed by Judge Patricia Minaldi on 11/13/06. (crt,Alexander, E) (Entered: 11/15/2006)
33 CONSENT DECREE. Signed by Judge Patricia Minaldi on 11/13/06. (crt,Alexander, E) (Entered: 11/15/2006)

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