Case 2:05-cv-02718-BBD-tmp Document 10 Filed 04/06/2006 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

vs.

) Civil Action No. 05-2718 DP

)

SCI TENNESSEE FUNERAL

)

SERVICES, INC. d/b/a MEMPHIS )

FUNERAL HOME and FAMILY

)

FUNERAL CARE, and SERVICE

)

CORPORATION INTERNATIONAL,

)

)

Defendants.

)

____________________________________________________________

ORDER GRANTING DEFENDANTS’ CONSOLIDATED MOTION FOR A PROTECTIVE ORDER
AS MODIFIED ___________________________________________________________

The Consolidated Motion of Defendants for a Protective Order Pursuant to Rule 26 (c) (5), Federal Rules of Civil Procedure, accompanied by a certification that Counsel for Defendants has, in good faith, conferred with Counsel for Plaintiff in an effort to resolve the dispute without Court action, came on to be heard this April 5, 2006, upon notice to Counsel for the parties. Counsel for both parties participated in the hearing which was conducted via telephone conference call. At the hearing, Plaintiff did

Case 2:05-cv-02718-BBD-tmp Document 10 Filed 04/06/2006 Page 2 of 4

not oppose the Motion, provided it also applied to witnesses to be deposed by Plaintiff, as well as the witnesses to be deposed by Defendants, including the alleged discriminatees identified below. Defendants having no objection to such proviso, and for good cause shown, as so modified, Defendants’ Consolidated Motion is granted as follows:

The alleged discriminatees to whom this Order refers

are Patricia Levine, Richard Mumm, Leon Ortkiese and

Patricia Teuton.

As to the foregoing alleged

discriminatees, and other persons whose depositions are

noticed by either party hereto, the Court holds as follows:

1. No person whose deposition has been duly noticed by either party hereto, including the alleged discriminatees, shall attend either the deposition of any other alleged discriminatee or the deposition of any other deponent, including the deposition of any past or present employee of Defendants, provided, however, the designated representatives of Defendants shall not by this Order, be precluded from attending the depositions of any person taken in this civil action;

2. No person whose deposition has been duly noticed by either party hereto, including the alleged discriminatees, shall discuss the content of the deposition

Case 2:05-cv-02718-BBD-tmp Document 10 Filed 04/06/2006 Page 3 of 4
of any other person taken in this case, or review the transcript of the deposition of either any other alleged discriminatee or the deposition taken in this case of any other deponent prior to that person’s own deposition; nor shall any person whose deposition is noticed by any party hereto, including any alleged discriminatee, be otherwise informed of the content of the deposition of any other person taken in this case prior to the giving of such person’s own deposition;
3. Subject to the exception set forth hereinbelow, the deposition of any person, including the deposition of each of the four alleged discriminatees in this case shall be conducted with no one present, without the express, written and mutual consent of Counsel for Plaintiff and counsel for Defendants, except the Deponent, the Corporate Representative of each Defendant, Counsel for both parties Plaintiff and Defendants; upon appropriate advance notice, expert witnesses for the parties, if any; and, the court reporter.
IT IS SO ORDERED.
s/ Tu M. Pham TU M. PHAM United States Magistrate Judge April 6, 2006 ______________________________ Date

Case 2:05-cv-02718-BBD-tmp Document 10 Filed 04/06/2006 Page 4 of 4

 
 Case 2:05-cv-02718-BBD-tmp Document 20 Filed 06/28/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SCI TENNESSEE FUNERAL SERVICES, INC. )

d/b/a MEMPHIS FUNERAL HOME and

)

FAMILY FUNERAL CARE,

)

)

Defendant

)

CIVIL ACTION NO. 05-2718 D/P
AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. §§ 2000e et seq. (Title VII), and Section 102 of the Civil Rights Act of 1991, 42

U.S.C. §1981a, to correct unlawful employment practices on the basis of sex and

retaliation for opposing practices made unlawful by Title VII, and to provide appropriate

relief to two female employees who Defendant Employer subjected to unlawful

harassment because of their sex, and to four employees who Defendant Employer

discharged in retaliation for opposing practices made unlawful by Title VII.

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) of Title VII and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

1981a.

Case 2:05-cv-02718-BBD-tmp Document 20 Filed 06/28/2006 Page 2 of 5
2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of Tennessee, Western 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 § 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000-5(f)(1) and (3). 4. At all relevant times, Defendant SCI Tennessee Funeral Services, Inc. d/b/a Memphis Funeral Home and Family Funeral Care (hereinafter "Defendant Employer") has continuously been a Tennessee corporation doing business in the state of Tennessee and the city of Memphis, and has continuously had at least fifteen 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, Patricia Levine and Richard Mumm filed charges 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 approximately September 24, 2003, Defendant Employer has engaged in unlawful employment practices at its Memphis, Tennessee facilities in
2

Case 2:05-cv-02718-BBD-tmp Document 20 Filed 06/28/2006 Page 3 of 5
violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and 3(a). The unlawful employment practices involved subjecting Patricia Levine and Patricia Teuton to harassment because of their sex, and terminating Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton in retaliation for opposing practices made unlawful by Title VII.
8. The effect of the practices complained of in paragraph 8 above has been to deprive Patricia Levine and Patricia Teuton of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, and to deprive Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton of equal employment opportunities and otherwise adversely affect their status as employees because of their opposition to practices made unlawful by Title VII.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice and/or with reckless indifference to the federally protected rights of Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton.
PRAYER FOR RELIEF Therefore the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer and its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates against employees because of their sex or because of their opposition to practices made unlawful by Title VII;
3

Case 2:05-cv-02718-BBD-tmp Document 20 Filed 06/28/2006 Page 4 of 5
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for female employees and employees who oppose practices made unlawful by Title VII, and which eradicate the effects of Defendant Employer’s unlawful employment practices described in paragraph 8 above;
C. Order Defendant Employer to make whole Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton 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 Defendant’s unlawful employment practices, including but not limited to rightful-place reinstatement;
D. Order Defendant Employer to make whole Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton by providing compensation for nonpecuniary losses resulting from the unlawful employment practices, including emotional and psychological pain and suffering, in amounts to be determined at trial;
F. Order Defendant Employer to pay Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
4

Case 2:05-cv-02718-BBD-tmp Document 20 Filed 06/28/2006 Page 5 of 5
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.
JAMES LEE Acting General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Faye A. Williams (by permission CLO) FAYE A. WILLIAMS Acting Regional Attorney Tennessee Bar No. 011730
s/ Carson L. Owen CARSON L. OWEN Senior Trial Attorney Tennessee Bar No. 009240 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0133
5

 
 Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION _________________________________________________________________

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

SCI TENNESSEE FUNERAL

)

SERVICES, INC. d/b/a MEMPHIS

)

FUNERAL HOME and FAMILY

)

FUNERAL CARE,

)

)

Defendant.

)

No. 05-2718 D/P

_________________________________________________________________ ORDER DENYING PLAINTIFF’S MOTION FOR A PROTECTIVE ORDER
_________________________________________________________________ Before the court is Plaintiff Equal Employment Opportunity
Commission’s (“the Commission”) Motion for a Protective Order Concerning Tax Returns, filed April 14, 2006 (dkt #12). Defendant SCI Tennessee Funeral Services, Inc. d/b/a Memphis Funeral Home and Family Funeral Care (“SCI”) filed a response in opposition on April 28, 2006.1 For the following reasons, plaintiff’s motion is DENIED.
I. BACKGROUND On September 29, 2005, the Commission filed a complaint

1On June 28, 2006, the Commission filed an amended complaint dismissing defendant Service Corporation International from the case.

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 2 of 8
against defendants, alleging violations of Title VII of the Civil Rights Act of 1963, 42 U.S.C. §§ 2000e et seq., and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981(a). The Commission claims that former employees Patricia Levine and Patricia Teuton were sexually harassed during their employment with SCI, and that Levine, Teuton, Leon Ortkiese and Richard Mumm were terminated in retaliation for opposing SCI’s alleged unlawful practices. In its prayer for relief, the Commission seeks, among other things, compensation for past and future pecuniary losses for the former employees, compensation for emotional and physical pain and suffering, and punitive damages for SCI’s malicious conduct. (Amd. Compl. at 3-5.)
The former employees were scheduled to be deposed consecutively from April 17 through April 20. SCI served subpoenas duces tecum on the four former employees, requesting that each employee bring their federal income tax returns filed in the past four years with them to their depositions. On April 14, the Commission filed the present motion, requesting an order that permits the former employees to supply their W-2 forms instead of their tax returns. At their depositions, Mumm, Orkiese, and Teuton each refused to produce their tax returns to SCI. SCI filed a response in opposition to the Commission’s motion on April 28, and continues to seek discovery of the tax returns for Mumm, Ortkiese,
-2-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 3 of 8
and Teuton.2 II. ANALYSIS
A. Standing As the first basis for its opposition to the Commission’s motion, SCI argues that the Commission lacks standing to challenge the subpoenas duces tecum. SCI contends that only Mumm, Ortkiese, and Teuton may file a motion challenging the subpoenas. The court disagrees. In EEOC v. Kim and Ted, Inc., the court considered the issue of whether the Commission has standing to object to subpoenas served on non-party witnesses. Kim and Ted, Inc., No. 95-1151, 1995 WL 591451, at *2 (N.D. Ill. Oct. 3, 1995) (unpublished). The court held that it did: “Given the EEOC’s legislative authority, the purpose behind Rule 45 and the EEOC’s claim that defendants’ misused their subpoena power, the EEOC may move to quash subpoenas affecting defendants’ former employees who are not class members.” Id. at *2. This court likewise concludes that the Commission has standing to challenge SCI’s subpoenas on behalf of the former employees. B. Discovery of Income Tax Returns SCI next argues that the tax returns are relevant to the Commission’s claims for damages and therefore should be discoverable. The scope of discovery is extremely broad under the
2Because Patricia Levine has already produced her income tax return to SCI, the court considers the Commission’s motion with respect to Levine moot.
-3-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 4 of 8
Federal Rules of Civil Procedure and is within the discretion of the trial court. Lewis v. ACB Business Servs. Inc., 135 F.3d 389, 402 (6th Cir. 1998); Smith & Nephew, Inc. v. Fed. Ins. Co., No. 022455, 2005 U.S. Dist. LEXIS 31309, at *4-5 (W.D. Tenn. Nov. 14, 2005) (unpublished). Federal Rule of Civil Procedure 26(b)(1) allows for the discovery of “any matter, not privileged, that is relevant to the claim or defense of any party.” Fed. R. Civ. P. 26(b)(1). The rule provides further that the scope of discovery includes more than evidence that will be admissible at trial. Material is discoverable if it is “reasonably calculated to lead to the discovery of admissible evidence.” Id.; see also United Oil Co. v. Parts Associates, Inc., 227 F.R.D. 404, 410 (D. Md. 2005) (“[R]elevance for discovery purposes is viewed more liberally than relevance for evidentiary purposes.”). If the discovery request seeks relevant information, the party resisting discovery bears the burden of demonstrating why the request is irrelevant, unduly burdensome, or otherwise not discoverable under the Federal Rules. United Oil, 227 F.R.D. at 411; MJS Janitorial v. Kimco Corp., No. 03-2102MaV, 2004 WL 2905409, at *6 (W.D. Tenn. Apr. 19, 2004) (unpublished). The court need not compel discovery of relevant material if it concludes that the request is “unreasonably cumulative or duplicative . . . [or] the burden or expense of the proposed discovery outweighs its likely benefit. . . .” Fed. R. Civ. P. 26(b)(2)(i), (iii).
-4-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 5 of 8
Here, neither party disputes that information concerning the
income that Mumm, Ortkiese, and Teuton received is relevant to this
case. Information about their income during and following their
employment with SCI is relevant to issues of damages and
mitigation. The Commission argues, however, that the information
that SCI seeks can be found from other sources, such as W-2 and
1099 forms. The Commission urges this court to apply a “qualified
privilege” for the production of the tax returns, citing
Terwilliger v. York Intern. Corp., 176 F.R.D. 214 (W.D. Va. 1997).
In Terwilliger, the court described the qualified privilege for tax
returns as follows:
Courts have made it increasingly clear that tax returns in the hands of a taxpayer are not privileged from civil discovery. Nevertheless, judicial consensus exists that, as a matter of policy, great caution should be exercised in ordering the disclosure of tax returns. Unnecessary disclosure of tax returns is to be avoided.
Examination of case law reveals the emergence of a judicially developed qualified privilege that disfavors the disclosure of income tax returns as a matter of general federal policy. A two-prong test has been utilized to assess whether the qualified privilege should be overcome and a party’s income tax returns should be disclosed. The court must determine whether (1) the tax return is relevant to the subject matter in dispute; and (2) a compelling need exists for the return, because the information sought is not obtainable from other sources. While the party seeking discovery of the tax returns bears the burden of establishing its relevance, the resisting party has the task to identify an alternative source for the information.
In contrast, a minority of courts have held that the sole inquiry governing discovery of tax returns is whether the information contained in the return is relevant. This court, however, favors the two prong
-5-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 6 of 8

approach. . . . We believe that test artfully balances

the privacy interest inherent in tax returns with the

policy favoring broad civil discovery.

Proper

consideration is also afforded to the relevancy and

materiality of the information.

Terwilliger, 176 F.R.D. at 216 (internal citations and quotations

omitted); see also Ruth v. Superior Consultant Holdings Corp., No.

99-71190, 2000 U.S. Dist. LEXIS 17250, at * 5-6 (E.D. Mich. Oct.

16, 2000) (unpublished) (quoting same).

Although this two-pronged test has been applied by courts in

various circuits, see, e.g., Aliotti v. Senora, 217 F.R.D. 496, 497

(N.D. Cal. 2003); Gattegno v. Pricewaterhousecoopers, LLP, 205

F.R.D. 70, 72 (D. Conn. 2001); Land Ocean Logistics, Inc. v. Aqua

Gulf Corp., 181 F.R.D. 229, 238 (W.D.N.Y. 1998); Terwilliger, 176

F.R.D. at 216; but see Shearson Lehman Hutton, Inc. v. Lambros, 135

F.R.D. 195, 198 (M.D. Fla. 1990) (rejecting use of “quasi-

privilege” for tax returns and instead granting motion to compel

based on tax returns’ relevance), neither the Sixth Circuit nor any

court in this district has expressly recognized a qualified

privilege for tax returns or adopted the two-step analysis. To the

contrary, this court in Medtronic Sofamor Danek, Inc. v. Michelson,

No. 01-2373 (W.D. Tenn. Oct. 25, 2002) (order granting in part and

denying in part plaintiff’s renewed motion to compel), concluded

that tax returns are not privileged under either Tennessee law or

federal common law:

Federal common law is consistent with Tennessee’s law. The Sixth Circuit made clear in DeMarco v. C & L Masonry,

-6-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 7 of 8
Inc., 891 F.2d 1236 (6th Cir. 1989) that tax returns and other financial information enjoy no special privilege from disclosure. In DeMarco, union trustees sought to audit the corporate tax returns, business ledgers, and cash disbursement journals of employment contractors. The contractors protested, asserting that the information was confidential. The Sixth Circuit Court of Appeals held that such records were not “‘confidential’ in the legal sense” and were not protected from disclosure. DeMarco, 891 F.2d at 1240 (citing with approval Credit Life Ins. Co. v. Uniworld Ins. Co., 94 F.R.D. 113 (S.D. Ohio 1982)). Medtronic Sofamor Danek, No. 01-2373, at 9-10. Thus, the appropriate analysis is whether the tax returns are relevant to the claim or defense of any party. Fed. R. Civ. P. 26(b)(1). Here, the court finds, and the Commission does not dispute, that Mumm, Ortkiese, and Teuton’s income tax returns are relevant to issues of damages and mitigation. Moreover, because the court further finds that there is no other basis under Rule 26 to preclude discovery in this case, the Commission’s motion is DENIED. C. Spouse’s Information Contained in Joint Income Tax Return
Finally, the Commission argues that discovery of Mumm, Ortkiese, and Teuton’s income tax returns should be prohibited because each filed joint income tax returns with their spouses for the years 2001 to the present. In response, SCI states that it does not oppose redaction of financial information that relate solely to their spouses. Def.’s Mem. at 10. The court concludes that this redaction will adequately protect the spouses’ privacy interests.
-7-

Case 2:05-cv-02718-BBD-tmp Document 22 Filed 06/30/2006 Page 8 of 8
III. CONCLUSION For the reasons above, plaintiff’s Motion for a Protective Order Concerning Tax Returns is DENIED. Patricia Teuton, Leon Ortkiese, and Richard Mumm shall produce copies of their income tax returns filed for the years 2001 to the present, within eleven (11) days from the date of this Order. Prior to the production, these former employees with the assistance of the Commission may redact any information on the tax returns that relate to financial information solely for their spouses. IT IS SO ORDERED.
S/ Tu M. Pham ______________________________ TU M. PHAM United States Magistrate Judge
June 30, 2006 ______________________________ Date
-8-

 
 Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SCI TENNESSEE FUNERAL SERVICES, INC. )

d/b/a MEMPHIS FUNERAL HOME and

)

FAMILY FUNERAL CARE,

)

)

Defendant.

)

CIVIL ACTION NO. 05-2718 D/P

CONSENT DECREE

This lawsuit was filed September 29, 2005, by the Equal Employment Opportunity Commission (hereinafter referred to as “the Commission”) against SCI Tennessee Funeral Services, Inc. d/b/a Memphis Funeral Home and Family Funeral Care (hereinafter referred to as "SCI Tennessee") under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (hereinafter referred to as "Title VII"). The Complaint in this lawsuit claims that SCI Tennessee subjected Patricia Levine and Patricia Teuton to harassment because of their sex, and terminated Patricia Levine, Richard Mumm, Leon Ortkiese, and Patricia Teuton in retaliation for opposing practices made unlawful by Title VII. This Consent Decree and the obligations of SCI Tennessee under this Consent Decree are limited to the Memphis Funeral Home location on Poplar Ave. in Memphis, Tennessee, and the Family Funeral Care location on Summer Ave. in Memphis. Most of the alleged unlawful discrimination occurred at Memphis Funeral Home (hereinafter referred to as "the facility").

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 2 of 9
The Commission and SCI Tennessee have agreed to this Consent Decree to settle all of the claims involved in this lawsuit.
The Court has reviewed the terms of this Decree in light of the applicable laws and regulations, and hereby approves this Decree. THEREFORE, it is hereby ORDERED:
I. JURISDICTION The United States District Court for the Western District of Tennessee, Western Division, has jurisdiction over the parties and subject matter of this lawsuit, and will retain jurisdiction over this Decree for purposes of enforcement and dispute resolution.
II. DISCLAIMER SCI Tennessee denies the allegations contained in the Complaint, as amended. Neither the negotiation of nor agreement to this Decree is an admission or acknowledgment by SCI Tennessee that any of its employees, officers, directors, or agents have violated Title VII.
III. ALL CLAIMS RESOLVED This Decree fully resolves all claims and allegations arising out of or related to EEOC Charge Nos. 250-2004-03893 (filed by Patricia Levine) and 250-2005-01359 (filed by Richard Mumm) and the Complaint, as amended, filed in this civil action.
IV. DURATION OF DECREE This Decree will be binding on the parties to this lawsuit for one year after the date of its entry by the Court. This Decree will expire by its own terms at the end of that period without the necessity of further judicial proceedings or orders of this Court.
2

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V. NON-DISCRIMINATION AND NON-RETALIATION PROVISION SCI Tennessee agrees that it will not permit harassment of its employees in violation of Title VII, and that it will not retaliate against any person because of opposition to any practice made unlawful by Title VII.
VI. INDIVIDUAL REMEDIES SCI Tennessee will pay the alleged discriminatees a total of $150,000, which sum shall be allocated between back pay and compensatory damages as agreed by the parties. The amounts of back pay and compensatory damages paid to each alleged discriminatee will be as instructed by the Commission. SCI Tennessee will also provide to Patricia Levine the Cobra Continuation Offer which is attached to this Decree as Attachment A. SCI Tennessee will mail the checks to each alleged discriminatee, in the amounts instructed by the Commission, and in the case of Ms. Levine will also mail the Cobra Continuation Offer to Ms. Levine, within ten days after receiving a copy of this Decree entered by the Court. At the time each check is mailed, a copy of that check will be mailed at the same time to:
Carson L. Owen, Senior Trial Attorney Equal Employment Opportunity Commission 1407 Union Ave., Suite 621 Memphis, TN 38104.
VII. EMPLOYMENT REFERENCES SCI Tennessee's normal reference procedure is to require that requests for reference information be submitted in writing to the office of the Market Manager, or to a similar position that may be determined by SCI Tennessee in the future. SCI Tennessee agrees that any time any employer or prospective employer requests information concerning Patricia Levine, Richard Mumm, Leon Ortkiese, or Patricia Teuton, that
3

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 4 of 9
reference procedure will be followed. SCI Tennessee also agrees that the only information that will be provided in response to requests for reference information concerning Ms. Levine, Mr. Mumm, Mr. Ortkiese, or Ms. Teuton will be the information contained in Attachment B to this Decree.
VIII. TRAINING Within forty-five days after receiving a copy of this Decree entered by the Court, SCI Tennessee will provide training for each person who is employed at the facility concerning unlawful harassment, and will provide training for all supervisors and managers employed at the facility concerning their responsibilities when they see or hear unlawful harassment occurring and when complaints about unlawful harassment are received, as well as their responsibilities not to discriminate against employees for opposing unlawful employment practices. Within thirty days after the completion of this training, SCI Tennessee will submit a report to Carson Owen, at the address indicated above, confirming that this training has occurred.
IX. POLICY PROHIBITING HARASSMENT SCI Tennessee agrees to comply with its policy prohibiting harassment which is attached as Attachment C to this Decree. Within forty-five days after receiving a copy of this Decree entered by the Court, each person who is employed at the facility will be required to read and sign a copy of this policy, and will be given a copy of the policy. Within thirty days after meeting this requirement, SCI Tennessee will submit a report to Carson Owen at the address indicated above, confirming that this requirement has been
4

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 5 of 9
met. Thereafter, whenever a new employee is hired at the facility, he or she will be required to read and sign a copy of this policy, and will be given a copy of the policy.
X. REPORTING SCI Tennessee will submit a report to Carson L. Owen, at the address indicated above, covering the six-month period after the entry of this Decree, and every six-month period thereafter during the duration of this Decree. Each report will describe all complaints received from persons working at the facility concerning sexual harassment, including the name, home address, and home telephone number of each person who complained, the nature of the complaint, what action, if any, was taken in response to the complaint, and, if no action was taken, an explanation of why no action was taken. SCI Tennessee will have up to 30 days after the end of each six month period to submit this report, and the Commission will have up to 30 days after receiving each report to raise any concerns about that report.
XI. CLAIMS OF BREACH AND OPPORTUNITY TO CURE The Commission shall not file a motion or other petition with the Court seeking the Court's assistance with respect to any alleged breach by SCI Tennessee of this Decree until the following procedure has been fully utilized. At any time prior to the expiration of this Decree, if the Commission claims that SCI Tennessee has in any way breached its obligations under this Decree, the Commission will promptly serve notice of such claim on the following persons at the addresses set forth below their names:
Mr. E. C. Daves Market Manager SCI Tennessee Funeral Services, Inc. c/o Memphis Funeral Home 5599 Poplar Ave. Memphis, TN 38119
5

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 6 of 9
Mr. Maurice Wexler Mr. Stephen Goodwin Ms. Angie Davis Attorneys for Defendant Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 165 Madison Ave., Suite 2100 Memphis, TN 38103 Such notice shall include a detailed statement of the claim and the specific provision of this Decree which the Commission claims has been breached, and the factual basis for such claim. SCI Tennessee will thereafter have up to 30 days to attempt to resolve the alleged breach to the Commission's satisfaction, or such additional period of time to which SCI Tennessee and the Commission mutually agree. If the alleged breach is not resolved through the process described above, either party may serve written notice on the other party of the failure to resolve the alleged breach, and may thereafter proceed to move the Court for assistance in resolving any remaining dispute with respect to compliance with this Decree.
XII. POSTING OF NOTICE Within ten days after receiving a copy of this Decree entered by the Court, SCI Tennessee will post the notice which is attached as Attachment D to this Decree for fourteen days in conspicuous places at the facility where notices to employees are customarily posted. Within forty days after receiving a copy of this Decree entered by the Court, SCI Tennessee will send a letter to Carson Owen, at the address indicated above, verifying that this requirement has been met.
III. ATTORNEY’S FEES AND COSTS The Commission and SCI Tennessee will each bear their own attorney’s fees and costs incurred in this lawsuit.
6

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 7 of 9

IT IS SO ORDERED this 7th day of March, 2007.

s/Bernice Bouie Donald BERNICE B. DONALD UNITED STATES DISTRICT JUDGE

Consented to on behalf of the respective parties:

FOR PLAINTIFF EEOC:

FOR DEFENDANT:

RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel

s/ E. C. Daves (with permission CLO) E. C. DAVES Market Manager

GWENDOLYN YOUNG REAMS Associate General Counsel

SCI TENNESSEE FUNERAL SERVICES, INC.

s/ Faye A. Williams (with permission CLO) FAYE A. WILLIAMS Regional Attorney Tennessee Bar No. 011730
s/ Carson L. Owen CARSON L. OWEN Senior Trial Attorney Tennessee Bar No. 009240
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone No. (901) 544-0133 Fax No. (901) 544-011

s/ Maurice Wexler (with permission CLO) MAURICE WEXLER
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ
First Tennessee Building 165 Madison Ave., Suite 2100 Memphis, TN 38103 Telephone No. (901) 577-2252 Fax No. (901) 577-2303

7

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 8 of 9

To Whom It May Concern:

Attachment B

This is in response to your inquiry regarding the employment of

at

Memphis Funeral Home.

worked for Memphis Funeral Home from

to

as a Family Services Counselor, selling pre-need funeral

products and services.

Company policy does not allow us to provide any additional information. I am sure that can provide you with the further details concerning (his or her)
employment with us. I hope this information is helpful to you.

Sincerely,

Case 2:05-cv-02718-BBD-tmp Document 70 Filed 03/07/2007 Page 9 of 9
Attachment D NOTICE
This Notice is being posted as part of a settlement agreement between Memphis Funeral Home and the U. S. Equal Employment Opportunity Commission (EEOC).
EEOC enforces Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment), or national origin. Retaliation for complaining about unlawful discrimination is also prohibited by this Federal law. Memphis Funeral Home supports this Federal law in all respects.
A lawsuit was filed by EEOC against SCI Tennessee claiming violations of Title VII. That lawsuit has now been settled.
We have a harassment policy, and all of you have read it, signed it, received training on it, and been provided a copy of the policy. We will not tolerate harassment of anyone in our workplace. It is your responsibility to help us make sure no harassment occurs, and, if it does, that it is reported and stopped.
E. C. Daves, Market Manager SCI Tennessee Funeral Services, Inc.

 
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U.S. District Court Western District of Tennessee (Memphis) CIVIL DOCKET FOR CASE #: 2:05-cv-02718-BBD-tmp

CLOSED

Equal Employment Opportunity Commission v. SCI Tennessee Funeral Services, Inc. et al Assigned to: Judge Bernice B. Donald Referred to: Magistrate Judge Tu M. Pham Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carson L. Owen EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0133 Fax: 901-544-0111 Email: carson.owen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A. Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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V.
Defendant
SCI Tennessee Funeral Services, Inc. doing business as Family Funeral Care doing business as Memphis Funeral Home

1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katharine W. Kores EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0151 Email: katharine.kores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adele Rapport EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0113 TERMINATED: 03/31/2006 ATTORNEY TO BE NOTICED
represented by Angie C. Davis BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ First Tennessee Bank Building 165 Madison Avenue Suite 2000 Memphis, TN 38103 901-526-2000 Email: angiedavis@bakerdonelson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maurice Wexler BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ First Tennessee Bank Building 165 Madison Ave. Ste. 2000 Memphis, TN 38103

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Defendant
Service Corporation International TERMINATED: 06/28/2006

901-526-2000 Fax: 901-577-4255 Email: mwexler@bakerdonelson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D. Goodwin BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ First Tennessee Bank Building 165 Madison Ave. Ste. 2000 Memphis, TN 38103 901-577-2141 Fax: 901-577-0734 Email: sgoodwin@bakerdonelson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Angie C. Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maurice Wexler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D. Goodwin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2005
12/01/2005 12/05/2005
12/14/2005

#

Docket Text

1 COMPLAINT FOR VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT against all defendants , filed by Equal Employment Opportunity Commission.(fsh, ) (Entered: 09/29/2005)

2 SETTING LETTER: Scheduling Conference set for Thursday, 1/12/2006 10:15 AM before Judge Tu M. Pham. (jml, ) (Entered: 12/02/2005)

3 Consolidated ANSWERS to Complaint by Defendants Service Corporation International, SCI Tennessee Funeral Services, Inc..(jml, ) (Entered: 12/07/2005)

4 REPORT of Parties Rule 26(f) Planning Meeting and Discovery Plan. (jml, ) (Entered: 12/20/2005)

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12/20/2005
12/22/2005
12/22/2005 03/28/2006 03/31/2006 04/03/2006
04/06/2006 04/14/2006 04/14/2006 04/18/2006

5 SCHEDULING ORDER: Amended Pleadings due by Monday, 3/13/2006. Discovery due by Friday, 9/15/2006. Joinder of Parties due by Monday, 3/13/2006. Initial Motions due by Wednesday, 4/12/2006. Dispositive Motions due by Wednesday, November 15, 2006. Signed by Judge Tu M. Pham. (jml, ) (Entered: 12/21/2005)
6 SETTING LETTER: Jury Trial set for Monday, 2/26/2007 09:00 AM before Bernice B. Donald. Pretrial Conference set for Wednesday, 2/14/2007 08:45 AM before Bernice B. Donald. Proposed Joint Pretrial Order, Motions in Limine and Proposed Jury Instructions, must be furnished to Judge's chambers by 4:30 PM., February 7, 2007.(jml, ) (Entered: 12/27/2005)
Set Deadlines/Hearings: Proposed Joint Pretrial Order, Motions in Limine and Proposed Jury Instructions, must be furnished to Judge's chambers by 4:30 PM., February 7, 2007 (jml, ) (Entered: 12/27/2005)
7 MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)
8 ORDER granting 7 Motion to Substitute Attorney. Attorney Adele Rapport terminated . Signed by Judge Bernice B. Donald on 3/31/2006. (Donald, Bernice) (Entered: 03/31/2006)
9 MOTION for Protective Order Concerning the Depositions of the Alleged Discriminatees by Service Corporation International, SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Memorandum in Support of Consolidated Motion for a Protective Order Concerning the Depositions of the Alleged Discriminatees# 2 Exhibit # 3Exhibit )(Davis, Angie) Modified on 4/4/2006 (jml, ). (Entered: 04/03/2006)
10 ORDER granting 9 Defendants' Consolidated Motion for Protective Order as Modified. Signed by Judge Tu M. Pham on 4/6/06. (Pham, Tu) (Entered: 04/06/2006)
11 MOTION for Protective Order Proposed Order Submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 04/14/2006)
12 MEMORANDUM in Support re 11 MOTION for Protective Order Proposed Order Submitted filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Carson L.Owen)(Owen, Carson) (Entered: 04/14/2006)
13 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 11 MOTION for Protective Order Proposed Order Submitted filed by Equal Employment Opportunity Commission,, 12 Memorandum in Support of Motion filed by Equal Employment Opportunity Commission, has been filed. For future reference, please note FYI......Motion, Memorandum and Certificate of Consultation MUST be linked. Motion will be your main document and Memorandum and Cert. of Consultation to be attached documents.. You should receive

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04/28/2006 06/02/2006
06/14/2006 06/20/2006 06/23/2006 06/28/2006

one docket entry only. Filer is not required to resubmit document. (jml, ) (Entered: 04/18/2006)
14 RESPONSE in Opposition re 11 MOTION for Protective Order Proposed Order Submitted Concerning Tax Returns filed by Service Corporation International, SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Memorandum in Support of Defendants' Consolidated Response Opposing Plaintiff's Motion for a Protective Order Concerning Tax Returns# 2 Exhibit 1 to Memorandum of Law - Leon Ortkiese Deposition Subpoena with Attached List of Documents to be Produced at Deposition)(Davis, Angie) (Entered: 04/28/2006)
15 MOTION for Summary Judgment by Service Corporation International. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 Exhibit A to Memorandum in Support of Motion for Summary Judgment (Form 10-K)# 3 Exhibit B to Memorandum in Support of Motion for Summary Judgment (Plaintiff's Responses to Defendant's First Set of Interrogatories)# 4 Exhibit C to Memorandum in Support of Motion for Summary Judgment (Charge of Discrimination)# 5 Local Rule 7.2(d) Statement of Undisputed Facts in Support of Motion for Summary Judgment# 6 Attachment to Local Rule 7.2(d) Statement of Undisputed Facts# 7 Affidavit of Cathryn Coleman Tommaney in Support of Motion for Summary Judgment# 8 Exhibit to Affidavit of Cathryn Coleman Tommaney (Pay Stubs)# 9 Affidavit of Judith Marshall in Support of Motion for Summary Judgment# 10 Exhibit 1 to Affidavit of Judith Marshall (Form 10-K page 2)# 11 Exhibit 2 to Affidavit of Judith Marshall (Form 10-K page 4)# 12 Exhibit 3 to Affidavit of Judith Marshall (Website Page No. 1)# 13 Exhibit 4 to Affidavit of Judith Marshall (Website Page No. 2))(Davis, Angie) (Entered: 06/02/2006)
16 MOTION for Disclosure (for an Extension of Time) by the Parties of Initial Expert Information and Reports AND Proposed Order Submitted by Service Corporation International, SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Memorandum in Support of Defendants' Motion for an Extension of Time for Disclosure by the Parties of Initial Expert Information and Reports)(Wexler, Maurice) (Entered: 06/14/2006)
17 ORDER granting 16 Motion for Disclosure. Defendants are granted up to and including June 30, 2006, to file initial expert witness disclosures and reports . Signed by Judge Bernice B. Donald on 6/20/2006. (Donald, Bernice) (Entered: 06/20/2006)
18 MOTION for Leave to File an Amended Complaint (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to File an Amended Complaint# 2 Defendant's Written Consent to EEOC's Filing an Amended Complaint# 3 Amended Complaint)(Owen, Carson) (Entered: 06/23/2006)
19 ORDER Granting 18 Plaintiff's Motion to File an Amended Complaint. Plaintiff shall file its amended complaint within 5 days from the date of this order, with service upon defendants. Signed by Judge Tu M. Pham

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06/28/2006 06/29/2006
06/30/2006
07/06/2006 07/07/2006 07/11/2006 07/31/2006 07/31/2006 08/01/2006 08/01/2006 08/02/2006 08/07/2006

on 6/28/06. (Pham, Tu) (Entered: 06/28/2006)
20 AMENDED COMPLAINT against SCI Tennessee Funeral Services, Inc., filed by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 06/28/2006)
21 NOTICE by Service Corporation International, SCI Tennessee Funeral Services, Inc. re 15 MOTION for Summary Judgment of Withdrawal Without Prejudice of Motion for Summary Judgment by Defendant Service Corporation International, Inc. (Davis, Angie) (Entered: 06/29/2006)
22 ORDER Denying 11 Plaintiff's Motion for Protective Order. Patricia Teuton, Leon Ortkiese & Richard Mumm shall produce copies of their income tax returns from 2001 to present w/i 11 days from the date of this order. Signed by Judge Tu M. Pham on 6/30/06. (Pham, Tu) (Entered: 06/30/2006)
23 MOTION for Extension of Time to File (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for an Extension of Time to File Objections)(Owen, Carson) (Entered: 07/06/2006)
24 ORDER granting 23 Motion for Extension of Time to File Objections to the Order Entered by Magistrate Judge Pham Denying Plaintiff's Motion for a Protective Order. Signed by Judge Bernice B. Donald on 7/7/2006. (Donald, Bernice) (Entered: 07/07/2006)
25 ANSWER to Amended Complaint by SCI Tennessee Funeral Services, Inc..(Davis, Angie) (Entered: 07/11/2006)
26 MOTION to Substitute Attorney Proposed Order Submitted, MOTION to Withdraw as Attorney Proposed Order Submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 07/31/2006)
27 ORDER granting 26 Plaintiff EEOC's Motion to Withdraw and Substitute Counsel. Adele Rapport GRANTED leave to withdraw as counsel for EEOC and Faye Williams subsituted as counsel . Signed by Judge Tu M. Pham on 7/31/06. (Pham, Tu) (Entered: 07/31/2006)
28 MOTION for Extension of Time to Complete Discovery (proposed order submitted) by Service Corporation International, SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Memorandum)(Wexler, Maurice) (Entered: 08/01/2006)
Set Deadlines/Hearings: Discovery due by 10/2/2006. (jml, ) (Entered: 08/07/2006)
29 ORDER granting 28 Motion for Extension of Time to Complete Discovery. Signed by Judge Bernice B. Donald on 8/2/2006. (Donald, Bernice) (Entered: 08/04/2006)
30 MOTION for Reconsideration re 22 Order on Motion for Protective

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08/18/2006 11/15/2006
11/15/2006 11/15/2006
11/15/2006 11/15/2006 11/15/2006 11/15/2006

Order, (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 08/07/2006)
31 NOTICE by SCI Tennessee Funeral Services, Inc. re 30 MOTION for Reconsideration re 22 Order on Motion for Protective Order, (Proposed Order Submitted) Defendant's Response in Opposition to Plaintiff's Objections to the Magistrate's Order Denying Plaintiff's Motion for a Protective Order (Davis, Angie) (Entered: 08/18/2006)
32 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing of Defendant's First Request for Admissions and Exhibits (Attachments: # 1 Exhibit Defendant's First Request for Admissions# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24)(Davis, Angie) (Entered: 11/15/2006)
33 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing of Plaintiff's Responses to Defendant's First Request for Admissions (Attachments: # 1 Exhibit Plaintiff's Responses to Defendants' First Requests for Admissions)(Davis, Angie) (Entered: 11/15/2006)
34 MOTION for Leave to File Excess Pages - Motion for Order Allowing Defendant to Exceed Page Limitation of Local Rule 7.2(e) (proposed order submitted) by SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Exhibit A to Motion for Order Allowing Defendant to Exceed Page Limitation (Memorandum of Law in Support of Defendant's Motion for Summary Judgment)# 2 Memorandum of Law in Support of Its Motion for Order Allowing Defendant to Exceed Page Limitation of Local Rule 7.2(e)# 3 Certificate of Consultation)(Davis, Angie) (Entered: 11/15/2006)
35 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Affidavit of E.C. Daves (Attachments: # 1 Affidavit of E.C. Daves in Support of Defendant's Motion for Summary Judgment# 2 Exhibit 1 to E.C. Daves Affidavit (2004 Sales Production by Month))(Davis, Angie) (Entered: 11/15/2006)
36 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of E.C. Daves (Attachments: # 1 Deposition Excerpts and Exhibits of E.C. Daves)(Davis, Angie) (Entered: 11/15/2006)
37 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of David Dixon (Attachments: # 1 Deposition Excerpts and Exhibits of David Dixon)(Davis, Angie) (Entered: 11/15/2006)
38 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Walter Stuart Evans (Attachments: # 1 Deposition Excerpts and Exhibits of Walter Stuart Evans)(Davis, Angie)

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11/15/2006 11/15/2006 11/15/2006 11/15/2006 11/15/2006 11/15/2006 11/15/2006
11/16/2006 11/17/2006
11/17/2006

(Entered: 11/15/2006)
39 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of James Kriegshauser (Attachments: # 1 Deposition Excerpts and Exhibits of James Kriegshauser)(Davis, Angie) (Entered: 11/15/2006)
40 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Patricia Levine (Attachments: # 1 Deposition Excerpts and Exhibits of Patricia Levine)(Davis, Angie) (Entered: 11/15/2006)
41 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Richard Mumm (Attachments: # 1 Deposition Excerpts and Exhibits of Richard Mumm)(Davis, Angie) (Entered: 11/15/2006)
42 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Leon Ortkiese (Attachments: # 1 Deposition Excerpts and Exhibits of Leon Ortkiese)(Davis, Angie) (Entered: 11/15/2006)
43 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Patricia Teuton (Attachments: # 1 Deposition Excerpts and Exhibits of Patricia Teuton)(Davis, Angie) (Entered: 11/15/2006)
44 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Deposition Excerpts and Exhibits of Catherine (Coleman) Tommaney (Attachments: # 1 Deposition Excerpts and Exhibits of Catherine (Coleman) Tommaney)(Davis, Angie) (Entered: 11/15/2006)
45 MOTION for Summary Judgment by SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion for Summary Judgment# 2 Local Rule 7.2(d) Statement of Undisputed Facts Upon Which Defendant SCI Tennessee Funeral Services, Inc. Relies in Support of Its Motion for Summary Judgment) (Davis, Angie) (Entered: 11/15/2006)
46 ORDER granting 34 Motion for Leave to File Excess Pages. Signed by Judge Bernice B. Donald on 11/16/06. (Donald, Bernice) (Entered: 11/16/2006)
47 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 32 Notice (Other), Notice (Other), Notice (Other) filed by SCI Tennessee Funeral Services, Inc., has been filed. For future reference, please note that the court does not file discovery. For questions please call 901-495-1505.. Filer is not required to resubmit document. (jml, ) (Entered: 11/17/2006)
48 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 33 Notice (Other), Notice (Other) filed by SCI Tennessee Funeral Services, Inc., has been filed. For future reference,

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12/12/2006 12/12/2006 12/12/2006 12/15/2006 01/04/2007
01/04/2007 01/04/2007
01/04/2007

please note that the court does not file discovery. For questions please call 901-495-1505... Filer is not required to resubmit document. (jml, ) (Entered: 11/17/2006)
49 MOTION for Extension of Time to File Response/Reply (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Extension of Time to Respond# 2 Certificate of Consultation Concerning Motion for Extension of Time to Respond)(Owen, Carson) (Entered: 12/12/2006)
50 ORDER granting 49 Motion for Extension of Time to File Response/Reply re 45 MOTION for Summary Judgment. Response due by 1/4/2007. Signed by Judge Bernice B. Donald on 12/12/06. (Donald, Bernice) (Entered: 12/12/2006)
Set/Reset Deadlines as to 45 MOTION for Summary Judgment. Response to motion due by 1/4/2007 (jml, ) (Entered: 12/20/2006)
51 ORDER denying 30 Motion for Reconsideration. Signed by Judge Bernice B. Donald on 12/15/06. (Donald, Bernice) (Entered: 12/15/2006)
52 RESPONSE in Opposition re 45 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Opposition to Defendant's MSJ# 2 Memorandum Response to Defendant's Asserted Facts# 3 Memorandum EEOC's Statement of Additional Material Facts# 4 Exhibit Deposition Excerpts of Patricia Levine# 5 Exhibit No. 6 to Levine depo# 6 Exhibit No. 7 to Levine depo# 7 Exhibit No. 8 to Levine depo)(Owen, Carson) (Entered: 01/04/2007)
53 ATTACHMENT Exhibit 9 and10 to Levine depo to 52 Response in Opposition to Motion, by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 10 to Levine depo)(Owen, Carson) (Entered: 01/04/2007)
54 ATTACHMENT Exhibit 11 to Levine depo and continuing additional exhibits to 52 Response in Opposition to Motion, by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 15 to Levine Depo# 2 Exhibit No. 16 to Levine depo# 3 Exhibit No. 17 to Levine depo# 4 Exhibit Deposition Excerpts of Patricia Teuton# (5) Sealed Exhibit No. 7 to Teuton depo# (6) Sealed Errata No. 8 to Teuton depo# (7) Sealed Exhibit No. 9 to Teuton depo# 8 Exhibit No. 12 to Teuton depo# 9 Exhibit No. 13 to Teuton depo# 10 Exhibit Deposition Excerpts of Lee Ortkiese# (11) Sealed Exhibit No. 8 to Ortkiese depo# (12)Sealed Exhibit No. 16 to Ortkiese depo# 13 Errata No. 17 to Ortkiese depo# 14 Exhibit No. 18 to Ortkiese depo# 15 Exhibit No. 19 to Ortkiese depo# 16 Exhibit No. 20 to Ortkiese depo)(Owen, Carson) Modified on 1/9/2007 (jml, )as to text. (Entered: 01/04/2007)
55 ATTACHMENT Exhibit - Deposition Excerpts of Richard Mumm and associated depo exhibits to 52 Response in Opposition to Motion, by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 6 of Mumm depo# 2 Exhibit No. 11 to Mumm depo# 3 Exhibit NO.

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01/04/2007
01/09/2007
01/16/2007 01/16/2007 01/16/2007 01/16/2007 01/17/2007 01/17/2007

12 to Mumm depo# 4 Errata No. 15 to Mumm depo# 5 Exhibit No. 16 to Mumm depo# 6 Exhibit No. 17 to Mumm depo# 7 Exhibit No. 18 to Mumm depo# 8 Exhibit No. 19 to Mumm depo# 9 Exhibit No. 23 to Mumm depo# 10 Exhibit No. 24 to Mumm depo# 11 Exhibit No. 26 to Mumm depo# 12 Exhibit No. 27 to Mumm depo# 13 Exhibit No. 30 to Mumm depo# 14 Exhibit No. 32 to Mumm depo)(Owen, Carson) (Entered: 01/04/2007)
56 ATTACHMENT Exhibit - Catherine Tommaney Deposition Excerpts, associated exhibits, and final attached exhibits to Statement of Additional Material Facts to 52 Response in Opposition to Motion, by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 2 to Tommaney depo# 2 Errata Deposition Excerpts of E.C. Daves# (3) Sealed Exhibit No. 1 to Daves depo# 4 Exhibit No. 2 to Daves depo# 5 Errata No. 6 to Daves depo# 6 Exhibit No. 10 to Daves depo# 7 Exhibit Deposition Excerpts of Paul McCarver# 8 Exhibit No. 4 to McCarver depo)(Owen, Carson) Modified on 1/9/2007 (jml, )as to text. (Entered: 01/04/2007)
57 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 55 Attachment,, filed by Equal Employment Opportunity Commission,, 56 Attachment,, filed by Equal Employment Opportunity Commission, has been filed. For future reference, please note that there are some attached exhibits that are bottomside up. Also, personal infomation such as SSN are not to be submitted thru ecf without selecting the proper category. Please call the office at 901-495-1505 for updates as to personal information. I have made some necessary changes at this time that are reflected in the case.. Filer is not required to resubmit document. (jml, ) (Entered: 01/09/2007)
58 MOTION for Leave to File a Reply Brief in Support of Its Motion for Summary Judgment - proposed order submitted by SCI Tennessee Funeral Services, Inc.. (Davis, Angie) (Entered: 01/16/2007)
59 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Additional Deposition Excerpts of E. C. Daves (Attachments: # 1 Deposition Excerpts of E.C. Daves)(Davis, Angie) (Entered: 01/16/2007)
60 NOTICE by SCI Tennessee Funeral Services, Inc. of Filing Additional Deposition Excerpts of Patricia Levine (Attachments: # 1 Deposition Excerpts of Patricia Levine)(Davis, Angie) (Entered: 01/16/2007)
61 AFFIDAVIT - Supplemental Affidavit of E. C. Daves in Support of Defendant's Motion for Summary Judgment by SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Attachment to Affidavit)(Davis, Angie) (Entered: 01/16/2007)
62 ORDER granting 58 Motion for Leave to File Reply Brief in Support of Defendant's Motion for Summary Judgment. Signed by Judge Bernice B. Donald on 01/17/07. (Donald, Bernice) (Entered: 01/17/2007)
63 REPLY to Response to Motion re 45 MOTION for Summary Judgment filed by SCI Tennessee Funeral Services, Inc.. (Attachments: # 1 Exhibit

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01/18/2007
01/18/2007 01/23/2007 01/31/2007 03/06/2007
03/07/2007 03/07/2007 03/07/2007

A# 2 Exhibit B)(Davis, Angie) (Entered: 01/17/2007)
64 MOTION for Leave to File Reply Brief (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Leave to File Reply Brief) (Owen, Carson) (Entered: 01/18/2007)
65 ORDER granting 64 Motion for Leave to File Reply. Signed by Judge Bernice B. Donald on 01/18/07. (Donald, Bernice) (Entered: 01/18/2007)
66 NOTICE by Equal Employment Opportunity Commission re 63 Reply to Response to Motion (EEOC's Reply to Defendant's Reply Brief re 45) (Owen, Carson) (Entered: 01/23/2007)
67 ORDER Administratively Closing Case. Signed by Judge Bernice B. Donald on 01/31/07. (Donald, Bernice) (Entered: 01/31/2007)
68 MOTION to Reopen Case and Enter Consent Decree. (Proposed Order and Electronically Signed Consent Decree Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Signed PDF Copy of Consent Decree with Attachments)(Owen, Carson) (Entered: 03/06/2007)
69 ORDER Granting 68 MOTION to Reopen Case and ORDER REOPENING CASE. Signed by Judge Bernice B. Donald on 03/07/07. (Donald, Bernice) (Entered: 03/07/2007)
70 CONSENT DECREE. Approved by Judge Bernice B. Donald on 03/07/07. (Donald, Bernice) (Entered: 03/07/2007)
71 FINAL CONSENT JUDGMENT in accordance with Consent Decree entered on March 7, 2007. Signed by Judge Bernice B. Donald on 03/07/07. (Donald, Bernice) (Entered: 03/07/2007)

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https://ecf.tnwd.uscourts.gov/cgi-bin/DktRpt.pl?483135989177677-L_923_0-1

6/1/2007