Case 3:05-cv-00122-TMB Document 11 Filed 06/01/2005 Page 1 of 2
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA CIVIL DOCKET ENTRIES FOR CASE A05-0122--CV (JWS) "EEOC V UNITED FREIGHT & TRANSPORT INC"
Including terminated parties, excluding terminated counsel
Presiding Judge: The Honorable John W. Sedwick, U.S. District Judge Magistrate Judge:
Referral Rule: Filed: 06/01/05
Closed: NO
Jurisdiction: (1) U.S. Plaintiff PLF Diversity: DEF Diversity:
Nature of Suit: (442) Jobs
Origin: (1) Original Proceeding Demand: Filing fee: Waived Trial by: Jury

Parties of Record:

PLF 1.1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEF 1.1

UNITED FREIGHT & TRANSPORT INC

Counsel of Record:
Teri Healy EEOC Federal Office Building 909 First Avenue, Suite 400 Seattle, WA 98104-1061 206-220-6916 FAX 206-220-6911
William J. Evans Dorsey & Whitney 1031 W. 4th Avenue, Suite 600 Anchorage, AK 99501 907-276-4557

ACRS: R_VDSPX

As of Thursday, December 1, 2005 at 2:47 PM by GARRY

Page 1

Case 3:05-cv-00122-TMB Document 11 Filed 06/01/2005 Page 2 of 2
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA CIVIL DOCKET ENTRIES FOR CASE A05-0122--CV (JWS) "EEOC V UNITED FREIGHT & TRANSPORT INC"
For all filing dates
Presiding Judge: The Honorable John W. Sedwick, U.S. District Judge Magistrate Judge:
Referral Rule: Filed: 06/01/05
Closed: NO
Jurisdiction: (1) U.S. Plaintiff PLF Diversity: DEF Diversity:
Nature of Suit: (442) Jobs
Origin: (1) Original Proceeding Demand: Filing fee: Waived Trial by: Jury

Document # Filed

Docket text

1 - 1 06/01/05 Complaint filed.

1 - 2 06/01/05 PLF 1 Jury Demand.

NOTE - 1 06/02/05 Issued: summons re: DEF 1.

2 - 1 07/05/05 DEF 1 Answer to Complaint.

3 - 1 07/06/05 JWS Minute Order re: initial case stat rpt/case S&P; Rule 16(b) rpt is due w/i 28 days from svc of this ord. cc: cnsl

4 - 1 08/03/05 DEF 1 Unopposed motion for extension of time until 8/15/05 to file Rule 16(b)/26(f) report.

4 - 2 08/09/05 JWS Order granting unoppo mot for ext of time until 8/15/05 to file Rule 16(b) rpt (4-1). cc: cnsl

5 - 1 08/19/05 PLF 1; DEF 1 Report re: S&P conf.

6 - 1 08/29/05 JWS Scheduling and Planning Order setting pretrial deadlines: Original discovery 01/31/06; Dispositive motions deadline 03/01/06; Estimate of trial 7 days. cc: cnsl

7 - 1 08/31/05 DEF 1 Preliminary Witness List.

8 - 1 10/17/05 PLF 1 Attorney Substitution of T. Healy.

9 - 1 11/01/05 ZZZ 1 motion to intervene w/att exh & prop cmplt in intervention.

10 - 1 11/21/05 DEF 1 non-opposition to ZZZ 1 motion to intervene (9-1).

11 - 1 11/29/05 DEF 1 Answer to Complaint in Intervention.

ACRS: R_VDSDX

As of 12/01/05 at 3:27 PM by GARRY

Page 1

 
 r
Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 1 of 6

Kenneth W. Legacki, Esq. Alaska Bar No. 8310132 425 G Street, Suite 920 Anchorage, AK 99501 Telephone: (907) 258-2422 Facsimile: (907) 278-4848 E-mail: legacki@gci.net
Attorney for Plaintiff-Intervenor Shotsay Posciri

-\ Fll q.: 12

FILED

DEC 0 2 2005

UNITED STATES DISTRICT COURT

'.ly

i DISTRICT OF N..ASKA

a?--:

Dep\W .

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

SHOTSAY POSCIRI,

)

)

Plaintiff-Intervenor,

)

)

vs.

}

)

UNITED FREIGHT AND TRANSPORT,

)

INC.,

)

)

Defendant.

)

Case No. A05-0122-CIV (JWS)

COMPLAINT IN INTERVENTION

KENNETH W.LEGACK!.P.C. ATTORNEYS AT LAW 425 "G" STREET SUITE 920
ANCHORAGE. AK 99501 (907) 256 ·2422
FAX (907) 276·4848

COMES NOW Shotsay Posciri, by and through counsel, Kenneth W. Legacki, and states by way of complaint against the above-named defendant as

Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 2 of 6

follows: NATURE OF THE ACTION
Plaintiff-Intervenor Shotsay Posciri seeks relief under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, and Title 18 of the Alaska Statutes for the disparate treatment she was subjected to by Defendant United Freight & Transport, Inc., when it failed to hire her for employment on the basis of her sex, female. Plaintiff-Intervenor Posciri is seeking monetary relief, including pecuniary and nonpecuniary compensatory and punitive damages.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, 1345 and 1367. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII"), Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 a, and, in addition, relief under the Alaska Human Rights Act, Section 18.80 of the Alaska Statutes ("Title 18"). 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Alaska.
PARTIES 3. Plaintiff-Intervenor Shotsay Posciri is a resident of the state of Alaska over the age of eighteen (18) years and is in all respects quali'fied and competent to bring this action. Plaintiff-Intervenor has the right to intervene in this

KENNETH W.LEGACKI.P.C.
ATTORNEYS AT LAW 425 .. G" STREET SUITE 920
ANCHORAGE. AK 99501 (907) 258·2422
FAX (907) 278·4848

COMPLAINT IN INTERVENTION EEOC v. United Freight & Transport - Case No. A05-0122-CIV (JWS) Page 2 of 6

Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 3 of 6

action under provisions of 42 U.S.C. § 2000e-5(f)(1). 4. Plaintiff 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 Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
5. At all relevant times, Defendant United Freight & Transport, Inc., ("United Freight") has been a corporation continuously doing business in the state of Alaska and has continuously had at least fifteen (15) employees.
6. At all relevant times, Defendant United Freight 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).
FIRST CAUSE OF ACTION (Violation of Title VII, 42 U.S.C. § 2000e-2(a)) 7. On or about September 23, 2003, Defendant United Freight engaged in unlawful employment practices at its Anchorage, Alaska, facility in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). The practices include the failure to hire Ms. Posciri for employment because of her sex, female. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Posciri of equal employment opportunities. 9. The unlawful employment practices complained of in paragraph 7 above were intentional.

KENNETH W.LEGACKI.P.C. ATTORNEYS AT LAW 425 "G" STREET
SUITE 920
ANCHORAGE. AK 99501 (907) 258·2422
FAX (907) 278·4848

COMPLAINT IN INTERVENTION EEOC v. United Freight & Transport - Case No. A05-0122-CIV (JWS) Page 3 of 6

Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 4 of 6

10. The unlawful employment practices complained of in paragraph 7
above were done with malice or with reckless indifference to Ms. Posciri's federally
protected rights. SECOND CAUSE OF ACTION
(Violation of AS 18.80.010 et seq.) 11 . Plaintiff Posciri reasserts the allegations contained in paragraphs 1 through 10 set out above as though fully set forth herein. 12. Jurisdiction of this Court is invoked for this claim under the
provisions of 28 U.S.C. § 1367. 13. On or about September 23, 2003, Defendant United Freight
engaged in unlawful employment practices at its Anchorage, Alaska, facility in violation of the Alaska Human Rights Act, AS 18.80.010 et seq.. Alaska Statute 18.80.220(a)(1) makes it unlawful for an employer
[TJo refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person's . . . sex ... when tile reasonable demands of the position do not require distinction on the basis of ... sex....
14. Defendant United Freight violated AS 18.80.220(a)(1) when it failed
to hire Ms. Posciri for employment because of her sex, female. 15. The effect of the practices complained of in paragraph 14 above
has been to deprive Ms. Posciri of equal employment opportunities. 16. The unlawful employment practices complained of in paragraph 14

KENNETH W.LEGACKI.P.C.
ATTORNEYS AT LAW 425 "G" STREET SUITE 920
ANCHORAGE. AK 99501 (907) 258·2422
FAX (907) 278·4848

COMPLAINT IN INTERVENTION EEOC v. United Freight & Transport - Case No. A05-0122-CIV (JWS) Page 4 of 6

Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 5 of 6

above were intentional. 17. The unlawful employment practices complained of in paragraph 14
above were done with malice or with reckless indifference to Ms. Posciri's rights as set out in the Alaska Human Rights Act, AS 18.80.010 et seq ..
WHEREFORE, Plaintiff-Intervenor Shotsay Posciri prays that this Court: 1. Enter judgment for Plaintiff-Intervenor and against Defendant United Freight on the basis of Defendant's violations of Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, and the Alaska Human Rights Act, AS 18.80.010 et seq .. 2. Order Defendant to make whole Ms. Posciri by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. 3. Order Defendant to make whole Ms. Posciri by providing compensation for past and 'future pecuniary losses resulting from the unlawful employment practices described above, including past and future out-of-pocket expenses, in amounts to be determined at trial. 4. Order Defendant to make whole Ms. Posciri by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.

KENNETH W.LEGACKI.P.C. ATTORNEYS AT I...AW 425 "G" STREET SUITE 920
ANCHORAGE. AK 99501 (907) 258·2422
FAX (907) 278·4848

COMPLAINT IN INTERVENTION EEOC v. United Freight & Transport - Case No. A05-0122-CIV (JWS) Page 5 of 6

• Case 3:05-cv-00122-TMB Document 13 Filed 12/02/2005 Page 6 of 6

5. Order Defendant to pay Ms. Posciri punitive damages for its
malicious and reckless conduct described above, in amounts to be determined at trial. 6. Award Plaintiff-Intervenor her costs and attorney fees incurred in
pursuit of this action. 7. Grant such other and further relief as the Court deems necessary
and proper. DATED this 1st day of November, 2005. KENNETH W. LEGACKI, P.C. Attorney for Plaintiff-Intervenor Shotsay Posciri
By __~~~~~_______________ neth W. Legacki
r-v<:l,,,,,,,a Bar No. 8310132

C ..J-

I HEREBY CERTIFY that on the

day of

November, 2005, a copy of the foregoing

document was mailed to the offices of:

A. Luis Lucero, Jr. Kathryn Olson Teri Healy Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104-1061

William J. Evans Dorsey & Whitney 1031 West Fourth Avenue, Suite 600 Anchorage, AK 99501-5907

KENNETH W.LEGACKI.P.C. ATTORNEYS AT LAW 4Z5 .. G" STREET SUITE 920
ANCHORAGE. AK 9950 I (907) 258·2422
FAX (907) 278·4848

COMPLAINT IN INTERVENTION EEOC v. United Freight & Transport - Case No. A05-0122-CIV (JWS) Page 6 of 6

 
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I HEREBY CERTIFY that on the 24th day of May, 2006, a copy of the foregoing document was served electronically on: Kathryn Olson Teri Healy Equal Employment Opportunity Commission William J. Evans Wendy Edwards Leukuma Dorsey & Whitney
s/Kenneth W. Legacki
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 Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 1 of 8

WILLIAM R. TAMAYO, REGIONAL ATTORNEY 1 EQUAL EMPLOYMENT OPPORTUNITY 2 COMMISSION
SAN FRANCISCO DISTRICT OFFICE 3 350 THE EMBARCADERO, SUITE 500
SAN FRANCISCO, CA 94105-1260
4
TERI HEALY, SENIOR TRIAL ATTORNEY 5 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FIRST AVENUE, SUITE 400 7 SEATTLE, WA 98104
TEL: (206) 220-6916
8
ATTORNEYS FOR PLAINTIFF
9

10

11
IN THE UNITED STATES DISTRICT COURT

12

FOR THE DISTRICT OF ALASKA

13

14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
15

CIVIL ACTION NO. A05-00122 CV (JWS)

16

Plaintiff,

17 and

CONSENT DECREE

18 Shotsay Posciri

19

Plaintiff in Intervention,

20

v.

21 UNITED FREIGHT AND TRANSPORT, INC.,
22
Defendant.
23

24
/ / /
25

I. INTRODUCTION

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 1 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 2 of 8

1. This action originated when Shotsay Posciri filed a charge with the Equal
1
2 Employment Opportunity Commission (“EEOC” or “Commission”) on July 14, 2004. Posciri 3 alleged that United Freight and Transport, Inc., in Anchorage, Alaska (“United Freight”)

4 discriminated against her based upon her sex in violation of Title VII of the Civil Rights Act of

5 1964, 42 U.S.C.§ 2000e, et seq. (“Title VII”) when she was denied employment as a Freight
6
Truck Driver.
7
2. On January 27, 2005, the EEOC issued a letter of determination with a finding of
8
reasonable cause that United Freight violated Title VII when Ms. Posciri was not hired for the
9
10 Freight Truck Driver position. Thereafter, the EEOC attempted to conciliate the charge, but was

11 unsuccessful.

12

3. The Commission filed its Complaint on May 27, 2005, in the United States District

13 Court for the District of Alaska. The complaint alleges that United Freight violated Title VII by
14
failing to hire Ms. Posciri because of her sex. Ms. Posciri filed a complaint in intervention on
15
November 1, 2005 bringing additional state law claims against United Freight.
16
4. Defendant denied the allegations of discrimination in the EEOC’s complaint and Ms.
17

18 Posciri’s complaint in intervention and asserted several affirmative defenses.

19

5. The parties want to conclude fully and finally all claims arising out of the EEOC’s

20 complaint, the charge of discrimination filed with the EEOC by Shotsay Posciri, and the
21
complaints filed by the EEOC and Shotsay Posciri. The EEOC, Shotsay Posciri and United
22
Freight enter into this Consent Decree to further the objectives of equal employment as set forth
23
in Title VII and the Alaska state law.
24

25
II. NONADMISSION OF LIABLITY AND NONDETERMINATION BY THE COURT

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 2 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 3 of 8

6. The Consent Decree is not an adjudication or finding on the merits of this case and
1
2 shall not be construed as an admission by Defendant of a violation of Federal or Alaska state 3 law.

4

III. JURISDICTION AND VENUE

5
7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343
6
and 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VII of the
7

8 Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and Section 102 of

9 the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The employment practices alleged to be

10 unlawful in the complaints filed herein occurred within in the jurisdiction of the United States

11 District Court for the District of Alaska.

12
IV. SETTLEMENT SCOPE
13

14

8. This Consent Decree is the final and complete resolution of all allegations of unlawful

15 employment practices contained in Posciri’s discrimination charge, in the EEOC’s administrative

16 determinations, and in the complaints filed herein, including all claims by Ms. Posciri for
17 attorney fees and costs.
18
9. Nothing in this Consent Decree shall be constructed to limit or reduce United
19
Freight’s obligation to fully comply with Title VI of the 1964 Civil Rights Act, as amended, the
20
21 Equal Pay Act, the Age Discrimination Act, and the Americans with Disabilities Act, or the

22 regulations promulgated pursuant thereto.

23

V. PURPOSE OF THE AGREEMENT

24
10. The parties have entered into this Consent Decree in order to achieve the following
25

purposes:

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 3 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 4 of 8

a. To assure the implementation of a policy which prohibits United Freight from
1
2 giving preference to applicants based on sex.

3

b. To assure that females are considered for and provided driver employment

4 opportunities on an equal basis as males.

5

c. To assure that United Freight implements a policy and enforcement program to

6
effectively prevent sex based discrimination.
7
VI. MONETARY RELIEF
8
11. In settlement of this lawsuit, United Freight agrees to pay Shotsay Posciri
9
10 $95,000.00.1

11

VII. AFFIRMATIVE AND OTHER RELIEF

12

A. General Provisions

13

12. United Freight, its officers, agents, and employees will refrain from engaging in

14
practices which unlawfully discriminate against applicants and/or employees on the basis of sex.
15
In recognition of its obligation under Title VII, United Freight will institute the policies and
16

practices set forth below.
17

18

B. Anti-Discrimination Policies and Procedures

19

13. United Freight shall institute and carry out anti-discrimination policies, procedures

20 and training for employees, supervisors and management personnel, to the extent not already
21
established, and will provide equal employment opportunities for all employees. United Freight
22
will evaluate and, where appropriate, modify the practices of its managers and supervisors in
23
order to prevent discrimination in employment. United Freight will ensure that its managers and
24

25
1 A payment of $50,000.00 is to be made to Ms. Posciri within forty-five (45) calendar days of the date this Consent Decree is entered by the Court. The remaining $45,000.00 will be paid in equal installments thirty (30) calendar days after the first payment for a duration of six (6) months.

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 4 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 5 of 8

supervisors understand its Equal Employment Opportunity (“EEO”) policies and how those
1
2 policies define and identify what constitutes employment discrimination.

3

14. Within ninety (90) days of the date of the effective date of this Consent Decree,

4 United Freight will: (a) Create an EEO policy to ensure that it adequately prohibits unlawful

5 discrimination against potential employees in the hiring process and against employees on the
6
basis of sex and addresses United Freight’s obligation to provide a discrimination-free work
7
environment for its employees; and (b) distribute this written EEO policy to all present and
8
future employees, both management and non-management. United Freight will provide EEOC
9
10 with a written copy of its proposed EEO policy prior to distribution.

11

C. Training

12

15. Within ninety (90) days of the execution of this Consent Decree, and every 12

13 months thereafter, United Freight will develop and present all employees 1.5 hours of training on
14
employment discrimination issues, including discrimination against potential employees in the
15
hiring process and against employees based on sex. The EEOC will have an opportunity to
16
review the training materials prior to the training date.
17

18

16. United Freight will notify the EEOC of the completion of the training and will

19 specify the names and job titles of all employees who participated in and completed the training

20 as part of its annual reporting to the EEOC.
21
D. Expungement of Records
22
17. United Freight will expunge from its files and any other files where the company
23
keeps such information, with the exception of the legal files maintained by outside counsel, any
24
25 references to Ms. Posciri’s grievance, charge of discrimination or this lawsuit.

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 5 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 6 of 8

E. Policies Designed to Promote Supervisory Accountability
1

2

18. United Freight agrees that it shall impose substantial discipline – up to and including

3 termination, suspension without pay or demotion – upon any non-union supervisor or manager

4 who discriminates against any potential employee in the hiring process and/or against employees

5 on the basis of sex. United Freight agrees to take appropriate disciplinary action against union
6
employees as provided under the collecting bargaining agreement. United Freight shall
7
communicate this policy to all of its supervisors and managers.
8
19. United Freight agrees that the handling of EEO issues will be taken into account
9
10 when it evaluates the performance of non-union managers and supervisors.

11

20. United Freight agrees that it shall include “commitment to equal employment

12 opportunity” as a criterion for qualification for non-union supervisory positions.

13

F. Reporting

14
21. United Freight shall report in writing and in affidavit form to the EEOC on an annual
15
basis the following information.
16

a. Certification of the completion of 1.5 hours of training and a list of attendees;
17

18

b. Certification that its EEO policy has been distributed to all current and newly hired

employees;

19

c. A list of any changes, modifications, revocations and revisions to its EEO policies and

20

procedures which concern or affect the subject of discrimination or retaliation;

21
d. A summary of discrimination complaints, if any, filed by applicants or employees

22

against United Freight which are reported to management and the resolution of each

complaint; and

23

e. A statement certifying that United Freight has complied with the terms of the Decree.

24

If United Freight has not complied with any term of the Decree, the statement will

25

specify that areas of noncompliance, the reason for the noncompliance, and the steps

taken to bring United Freight into compliance.

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 6 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 7 of 8

G. Posting
1

2

22. United Freight will post a Notice, attached as Exhibit 1 to this Consent Decree. The

3 Notice shall be posted on the employee break room bulletin board at United Freight for the

4 duration of the Consent Decree. Additionally, within sixty (60) days of the date of the effective

5 date of this Consent Decree, United Freight will provide a copy of the notice to every United
6
Freight employee.
7
VIII. ENFORCEMENT
8
23. If the EEOC determines that United Freight has not complied with the terms of this
9
10 Decree, the EEOC will provide written notification of the alleged breach to United Freight. The

11 EEOC will not petition the court for enforcement of the decree for at least thirty (30) days after

12 providing written notification of the alleged breach. The 30-day period following the written

13 notice shall be used by the parties for good faith efforts to resolve the dispute.
14
IX. RETENTION AND JURISDICTION
15
24. The United States District Court of the District of Alaska shall retain jurisdiction
16
over this matter for the duration of the decree.
17

18

X. DURATION AND TERMINATION

19

25. This Decree shall be in effect for four (4) years beginning the date this Court enters

20 the Consent Decree. If the EEOC petitions the Court for breach of the Decree, and the court

21
finds United Freight to be in violation of the terms of the Decree, the Court may extend the

22
duration of the Decree.
23
24

XI. CONCLUSION

25

26. The parties are not bound by any provision of this decree until it is signed by

authorized representatives of each party and entered by the Court.

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 7 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 3:05-cv-00122-TMB Document 48-1 Filed 06/23/2006 Page 8 of 8

1

2
WILLIAM R. TAMAYO

DATED this 23rd day of June, 2006 JAMES L. LEE

3 Regional Attorney

Deputy General Counsel

EQUAL EMPLOYMENT

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San Francisco District Office 5 350 Embarcadero, Suite 500

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7 KATHRYN B. OLSON Supervisory Trial Attorney
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TERI HEALY 9 Senior Trial Attorney
10
BY: /s/ William R. Tamayo 11 EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
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Seattle Field Office 13 909 First Avenue, Suite 400 14 Seattle, WA 98104
(206) 220-6916 15 Facsimile (206) 220-6911

GWENDOLYN YOUNG REAMS Associate General Counsel
Office of General Counsel 1801 “L” Street, N.W. Washington, D.C. 20507

16

Attorneys for Plaintiff

17

18
BY: ____s/Kenneth W. Legacki_____________

19

KENNETH W. LEGACKI, P.C.

20
Attorney for Plaintiff-Intervention
21

22

23 BY: ____s/Wendy E. Lukema______________

DORSEY & WHITNEY LLP

24

WILLIAM J. EVANS

WENDY E. LEUKUMA
25

Attorneys for Defendant

EEOC v. United Freight and Transport, Inc. [Proposed] CONSENT DECREE Page 8 of 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
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U.S. District Court District of Alaska (Anchorage) CIVIL DOCKET FOR CASE #: 3:05-cv-00122-TMB

CLOSED

Equal Employment Opportunity Commission v. United Freight & Transport Incorporated Assigned to: Timothy M. Burgess Cause: No cause code entered

Date Filed: 06/01/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Teri L. Healy Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104-1061 US 206-220-6916 Fax: 206-220-6911 Email: teri.healy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Shotsay Posciri

represented by Kenneth W. Legacki Kenneth W. Legacki, P.C. 425 G. Street, Suite 920 Anchorage, AK 99501 US 907-258-2422 Fax: 907-278-4848 Email: legacki@gci.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant United Freight & Transport Incorporated

represented by William J. Evans Dorsey & Whitney, LLC 1031 W. 4th Avenue, Suite 600 Anchorage, AK 99501 US 907-276-4557

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Fax: 907-276-4152 Email: evans.william@dorsey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy Edwards Leukuma Dorsey & Whitney, LLC 1031 W. 4th Avenue, Suite 600 Anchorage, AK 99501 US 907-276-4557 Fax: 907-276-4152 Email: leukuma.wendy@dorsey.com ATTORNEY TO BE NOTICED

Date Filed 06/01/2005
06/01/2005 08/29/2005 08/29/2005 12/02/2005 12/02/2005 12/02/2005 12/09/2005 12/12/2005
12/14/2005
12/16/2005

#

Docket Text

All future filings will be in the CM/ECF System. All documents filed prior to January 3, 2006, are available for review at the Clerk's Office.(CLW) (Entered: 11/16/2005)
11 Copy of ACMS docket. Click on the hyperlink to access docket entries 1-11 from prior ACMS system.(JAG) (Entered: 11/16/2005)
Set Deadlines: Discovery due by 1/31/2006. Motions due by 3/1/2006; 7 day TBJ estimate. (PRR) (Entered: 12/12/2005)
Set Deadlines: Discovery due by 1/31/2006. Motions due by 3/1/2006. (PRR) (Entered: 12/27/2005)
12 ORDER granting mot to intervene. Signed by Judge John W. Sedwick on 11/30/05. (PRR) (Entered: 12/05/2005)
13 Intervenor COMPLAINT , filed by Shotsay Posciri.(PRR) (Entered: 12/05/2005)
14 Prel Witness List by Shotsay Posciri, Equal Employment Opportunity Commission. (PRR) (Entered: 12/05/2005)
15 1st Amended Prel Witness List by United Freight & Transport Incorporated. (PRR) (Entered: 12/12/2005)
16 STIPULATION for ext of time until 12/16/05 to file final wit lists by Shotsay Posciri, Equal Employment Opportunity Commission, United Freight & Transport Incorporated.(PRR) (Entered: 12/13/2005)
16 (ACMS DKT 16-2) ORDER granting 16 Stipulation ; parties have until 12/16/05 to file final wit lists. Signed by Judge John W. Sedwick on 12/13/05. (PRR) (Entered: 12/17/2005)
17 Final Witness List by United Freight & Transport Incorporated. (PRR) (Entered: 12/19/2005)

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12/16/2005 12/23/2005 01/05/2006
01/05/2006 01/06/2006
01/06/2006 01/06/2006 01/06/2006 01/06/2006 01/13/2006 01/18/2006 01/18/2006 01/20/2006

18 Joint Final Witness List by Shotsay Posciri, Equal Employment Opportunity Commission. (PRR) (Entered: 12/19/2005)
19 MOTION for Leave to File amended complaint in intervention w/att memo by Shotsay Posciri. (exhs not scanned; see complete paper document in court file)(PRR) (Entered: 12/27/2005)
20 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File unopposed by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Leukuma, Wendy) Error: Prop ord attached twice; motion missing. Attorney to re-file as a "Notice-Other re: Attachment to Motion For Extension of Time." (1-6-06) (PRR). (Entered: 01/05/2006)
21 STIPULATION For Extension of Time by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Leukuma, Wendy) (Entered: 01/05/2006)
22 NOTICE by United Freight & Transport Incorporated re 20 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File unopposed NOTICE of Attachment by UFTI re 20 motion for extension of time (Leukuma, Wendy) (Entered: 01/06/2006)
23 ORDER granting 20 Motion for Extension of Time to File Response re 19 MOTION for Leave to File; Responses due by 1/17/2006. Signed by Judge John W. Sedwick on 1/6/06. (GMM, ) (Entered: 01/06/2006)
24 ORDER granting 21 Stipulation extending discovery deadline to 3/31/2006. Signed by Judge John W. Sedwick on 1/6/06. (GMM, ) (Entered: 01/06/2006)
Set/Reset Deadlines: Discovery due by 3/31/2006. (GMM, ) (Entered: 01/06/2006)
Reset Deadlines: Motions due by 5/1/2006. (PRR) (Entered: 01/09/2006)
25 MOTION for Extension of Time to File unopposed by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Evans, William) (Entered: 01/13/2006)
26 ORDER granting 25 Motion for Extension of Time to File. Signed by Judge John W. Sedwick on 1/18/06. (GMM, ) (Entered: 01/18/2006)
Reset Deadlines as to 19 MOTION for Leave to File. Responses due by 1/20/2006 (GMM, ) (Entered: 01/18/2006)
27 RESPONSE in Opposition re 19 MOTION for Leave to File Amended Complaint filed by United Freight & Transport Incorporated. (Attachments: # 1 Exhibit Excerpts from the Depo of William Smith# 2 Exhibit Excerpt from Collective Bargaining Agreement# 3 Exhibit Dispatch record dated September 19, 2003# 4 Exhibit Excerpts from Depo of Michael Killian# 5 Exhibit Excerpt from Depo of Janice Mansfield# 6 Exhibit Depo of Frank Monfrey Part 1# 7 Exhibit Depo of Frank Monfrey Part 2# 8 Exhibit Dispatch Record dated September 18, 2003# 9 Exhibit September 26, 2003 memo from Michael Killian# 10 Exhibit October 2, 2003 letter to Frank Monfrey from Michael Jones# 11 Exhibit October 6, 2003 letter to Michael Jones from Frank Monfrey# 12 Exhibit October 16, 2003 Dispatch Record# 13 Exhibit October 2, 2003 letter to Frank Monfrey from

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01/20/2006 01/23/2006 01/26/2006 01/27/2006 02/06/2006
02/06/2006 02/07/2006
02/08/2006 03/08/2006 04/19/2006 04/19/2006 04/20/2006

Michael Jones# 14 Exhibit November 26, 2003 letter to Michael Jones from Frank Monfrey and November 26, 2003 letter from Michael Jones to Frank Monfrey# 15 Exhibit EEOC Complaint# 16 Text of Proposed Order)(Leukuma, Wendy) (Entered: 01/20/2006)
Set Deadlines as to 19 MOTION for Leave to File. Replies due by 1/30/2005. (PRR) (Entered: 01/23/2006)
28 MINUTE ORDER: By agreement of the judges, this case is hereby re-assigned to the Honorable Timothy M. Burgess for all further proceedings. (JAG) (Entered: 01/24/2006)
29 First MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion by Shotsay Posciri. (Attachments: # 1 Proposed Order)(Legacki, Kenneth) Modified on 1/26/2006 to add relationship to motion for leave to file at dkt 19 (PLD). (Entered: 01/26/2006)
30 ORDER granting 29 Motion for Extension of Time to File Response/Reply re 19 MOTION for Leave to File Amended Complaint. Reply due by 2/6/2006. (PLD) (Entered: 01/27/2006)
31 REPLY to Response to Motion re 19 MOTION for Leave to File Amended Complaint filed by Shotsay Posciri. (Attachments: # 2 Exhibit 1 # 3 Exhibit 2 # 4 Exhibit 3 # 5 Exhibit 4 pgs 1-2 # 6 Exhibit 4 pgs 3-4 # 7 Exhibit 5 # 8 Exhibit 6)(Legacki, Kenneth) Additional attachment(s) added on 2/6/2006 (CLW). (Entered: 02/06/2006)
Docket Annotation re 31 Reply to Response to Motion, docket modified to reflect the addition of Exhibits 1-6 which filer was unable to load electronically. Help Desk later added exhibits successfully.(CLW) (Entered: 02/06/2006)
32 Notice to Counsel re 31 Reply to Response to Motion, filed by Shotsay Posciri,. A review of the document submitted at dkt 31 confirms that it is over 25 pages in length. Counsel is reminded that, pursuant to D.Ak.LR 10.1(b), you are required to provide the court with a COURTESY copy of your filing at dkt 31. (DPM, ) (Entered: 02/07/2006)
33 NOTICE OF FILING SIGNED AFFIDAVIT OF MICHAEL KILLIAN by Kenneth W. Legacki on behalf of Shotsay Posciri re 31 Reply to Response to Motion, (Attachments: # 1 Affidavit Signed Affidavit of Michael Killian)(Legacki, Kenneth) (Entered: 02/08/2006)
34 STIPULATION TO EXTEND DATE FOR CLOSE OF DISCOVERY by Shotsay Posciri. (Attachments: # 1 Proposed Order)(Legacki, Kenneth) (Entered: 03/08/2006)
35 ORDER granting 34 Stipulation to Extend Close of Discovery. Discovery shall be completed on or before June 30, 2006. The parties are advised that further extension of time in this matter will not be viewed in a favorable light. (EKS) (Entered: 04/19/2006)
Reset Deadlines: Discovery due by 6/30/2006. (EKS) (Entered: 04/19/2006)
36 NOTICE Unavailability by Teri L. Healy on behalf of Equal Employment Opportunity Commission (Healy, Teri) (Entered: 04/20/2006)

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04/20/2006 04/21/2006 05/08/2006 05/12/2006
05/19/2006
05/19/2006 05/19/2006 05/22/2006
05/23/2006 05/23/2006 05/24/2006

Re 36 Notice of Unavailability; counsel has not submitted a certificate of service as required by the Administrative Policies and Procedures for Electronic Filing. Counsel shall file the Certificate of Service using the event Affidavite under Other documents, text in certificate of service and link to docket 36. (EKS) (Entered: 04/21/2006)
37 AFFIDAVIT re 36 Notice (Other) CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/21/2006)
38 ORDER REQUIRING STATUS REPORT FOR CASES REASSIGNED TO THE HONORABLE TIMOTHY M. BURGESS: Counsel shall review the attached pdf order and respond accordingly. Required Notice or Status Report due by 5/22/2006. (SRL, ) (Entered: 05/08/2006)
39 ORDER re: Motion to Amend Complaint. It is hereby ordered as follows: 1. Posciri's Motion to Amend Complaint 19 is GRANTED. Posciri shall file her Amended Complaint no later than May 22, 2006. 2. If Defendant wishes to further litigate the statute of limitaions issue via a Motion to Dismiss, such Motion shall be filed no later than June 12, 2006. 3. No additional deadlines shall be extended absent express permission of the Court. Signed by Judge Timothy M. Burgess on 5/12/2006. (EKS) (Entered: 05/12/2006)
40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence by United Freight & Transport Incorporated. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Text of Proposed Order proposed order# 11 Appendix Table of Contents to Exhibits A - I)(Leukuma, Wendy) (Entered: 05/19/2006)
41 AFFIDAVIT re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence Affidavit of Frank Monfrey by United Freight & Transport Incorporated. (Leukuma, Wendy) (Entered: 05/19/2006)
42 AFFIDAVIT re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence Affidavit of Counsel by United Freight & Transport Incorporated. (Leukuma, Wendy) (Entered: 05/19/2006)
43 Notice to Counsel re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence filed by United Freight & Transport Incorporated,. A review of the document submitted at dkt 40 confirms that it is over 25 pages in length. Counsel is reminded that, pursuant to D.Ak.LR 10.1(b), you are required to provide the court with a COURTESY paper copy of your filing at dkt 40. (PLD) (Entered: 05/22/2006)
44 ANSWER to Intervenor Complaint by United Freight & Transport Incorporated.(Leukuma, Wendy) Modified on 5/24/2006 to update linkage to Intervenor's Amended Complaint at docket 46 (EKS). (Entered: 05/23/2006)
45 STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Legacki, Kenneth) (Entered: 05/23/2006)
46 AMENDED COMPLAINT in Intervention against United Freight & Transport Incorporated, filed by Shotsay Posciri.(Legacki, Kenneth) (Entered: 05/24/2006)

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07/03/2006

47 TMB ORDER:Status Report or closing documents due by 6/30/2006. Motion terminated: 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence filed by United Freight & Transport Inc.(PLD) (Entered: 05/31/2006)
48 Joint STIPULATION Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Healy, Teri) (Entered: 06/23/2006)
49 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 48 Joint STIPULATION Consent Decree and Proposed Order (Healy, Teri) (Entered: 06/23/2006)
50 NOTICE TO EMPLOYEES by Teri L. Healy on behalf of Equal Employment Opportunity Commission re 48 Joint STIPULATION Consent Decree (Healy, Teri) (Entered: 06/23/2006)
51 ERRATA by Equal Employment Opportunity Commission 48 Joint STIPULATION Consent Decree filed by Equal Employment Opportunity Commission,, 49 Certificate of Service filed by Equal Employment Opportunity Commission,. (Attachments: # 1 Errata Filing New Notice to Employees)(Healy, Teri) (Entered: 06/27/2006)
52 ORDER Approving Consent Decree. The consent decree at docket 48 is approved as the final decree of this Court in full settlement of this action. This lawsuit is dismissed with prejudice and without costs or attorneys' fees to any party. This court retains jurisdiction for purposes of enforcing the consent decree. Signed by Judge Timothy M. Burgess on 7/3/2006. (EKS) (Entered: 07/03/2006)

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