IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
PACKAGING DYNAMICS, INC.,
Defendant.

)

)

)

)

)

CIVIL ACTION NO.

)

)

)

COMPLAINT

)

)

JURY TRIAL DEMAND

)

)

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of l991 to restrain the unlawful payment of wages to employees

of one sex at rates less than the rates paid to employees of the opposite sex, and to provide appropriate

relief due to employees as a result of such unlawful practices. The Equal Employment Opportunity

Commission alleges that Packaging Dynamics, Inc. paid Heidi Huey at wage rates which were less than

the rates paid to its male employees performing substantially equal work, and otherwise discriminates

against her because of her sex.

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 Section 16(c) and 17 of the Fair Labor

Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the

requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. §

206(d), to enforce the prohibitions set forth in Section 15(a)(3) of the FLSA, 29 U.S.C. § 215(a)(3), and pursuant to Section 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"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri.
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 the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217 , as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705, and by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Packaging Dynamics, Inc. ("Packaging Dynamics"), has continuously been a Missouri corporation doing business in the State of Missouri and the City of Kansas City, and has continuously had at least 15 employees. 5. At all relevant times, Packaging Dynamics 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).
2

6. At all relevant times, Packaging Dynamics has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Packaging Dynamics has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j), and has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Heidi Huey filed a charge with the Commission alleging violations of Title VII by Packaging Dynamics. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least October 1, l998, Packaging Dynamics has engaged in unlawful employment practices at its Kansas City, Missouri facility, in violation of Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1). The Commission alleges that Packaging Dynamics paid lower wages to Heidi Huey than it paid to male employees who performed the same or similar job duties because of her sex. 10. The effect of the practices complained of in paragraph 9 above has been to deprive Heidi Huey of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
3

11. The unlawful employment practices complained of in paragraph 9 above were and are intentional.
12. The unlawful employment practices complained of in paragraph 9 above were and are done with malice or with reckless indifference to the federally protected rights of Heidi Huey.
13. Since at least October 1, l998, Packaging Dynamics has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to Heidi Huey at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
14. As a result of the acts complained of in paragraph 13 above, Packaging Dynamics unlawfully has withheld and is continuing to withhold the payment of wages due to Heidi Huey
15. The unlawful practices complained of in paragraph 14 were and are willful. PRAYER FOR RELIEF
Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant Packaging Dynamics, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sex discrimination in wages and in any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining the Defendant Packaging Dynamics, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from discriminating
4

within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
C. Order the Defendant Packaging Dynamics, Inc. to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
D. Order the Defendant Packaging Dynamics, Inc. to make whole Heidi Huey by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices,
E. Order Defendant Packaging Dynamics, Inc. to make whole Heidi Huey by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in paragraph 9 above, in amounts to be determined at trial.
F. Order Defendant Packaging Dynamics, Inc. to make whole Heidi Huey by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, in amounts to determined at trial.
G. Order Defendant Packaging Dynamics, Inc. to pay punitive damages for its malicious and/or reckless conduct described in paragraph 9 above, in an amount to be determined at trial.
H. Grant a judgment requiring Defendant Packaging Dynamics, Inc. to pay appropriate back wages in amounts to be determined at trial, and an equal sum as liquidated damages or
5

prejudgment interest in lieu thereof, to Heidi Huey whose wages are being unlawfully withheld as a
result of the acts complained of in paragraph 13 above.
I. Grant such further relief as this Court deems necessary and proper in the public interest.
J. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Andrea L. Taylor ANDREA L. TAYLOR Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II, 9th Floor 4th and State Ave. Kansas City, KS 66101 (913) 551-5845
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7916
7

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff, )

)

v.

)

)

PACKAGING DYNAMICS, INC.,

)

)

Defendant. )

No. 01-0391-CV-W-1-ECF

ORDER
Pending before this Court is a Stipulation of Dismissal With Prejudice, filed on September 6, 2001. The Stipulation complies with Federal Rule of Civil Procedure 41. Therefore, it is hereby
ORDERED that the Stipulation of Dismissal With Prejudice is GRANTED, with each party to pay its own costs and attorneys’ fees.
IT IS SO ORDERED. /s/ DEAN WHIPPLE Dean Whipple United States District Judge
Date: September 28, 2001

 
 CM/ECF Western District of Missouri - Docket Report

Page 1 of 3

EAPADMIN, TERMED
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:01-cv-00391-DW

Equal Employment Opportunity Commision v. Packaging Dynamics, Inc. Assigned to: District Judge Dean Whipple Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/11/2001 Date Terminated: 09/28/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commision

represented by Andrea Taylor Equal Employment Opportunity Commission 400 State Avenue Suite 905 Kansas City, KS 66101 (913)551-5845 Fax: 913-551-6957 Email: andrea.taylor@eeoc.gov ATTORNEY TO BE NOTICED

Barbara A. Seely Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7916 Fax: (314)539-7895 Email: Barbara.Seely@EEOC.gov ATTORNEY TO BE NOTICED

Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov ATTORNEY TO BE NOTICED

V.

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?576196473353895-L_353_0-1

5/7/2007

CM/ECF Western District of Missouri - Docket Report

Page 2 of 3

Defendant Packaging Dynamics, Inc.

represented by Julie A. Elston Shughart Thomson & Kilroy, PCKCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City, MO 64105-1929 (816) 421-3355 Fax: (816) 374-0509 Email: jelston@stklaw.com ATTORNEY TO BE NOTICED
W. Terrence Kilroy Shughart Thomson & Kilroy, PCKCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City, MO 64105-1929 (816) 374-0533 Fax: (816) 374-0533 Email: tkilroy@stklaw.com ATTORNEY TO BE NOTICED

Date Filed 04/11/2001
04/11/2001 04/13/2001 06/11/2001 09/06/2001 09/28/2001

#

Docket Text

1 COMPLAINT against Packaging Dynamics, Inc.. filed by Andrea Taylor of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commision. Receipt #0000.(Taylor, Andrea) Civil cover sheet added on 4/13/2001 (Larson, Susan). (Entered: 04/11/2001)

2 Notice of EAPADMIN handed to party.(Larson, Susan) (Entered: 04/13/2001)

3 RULE 16 NOTICE - Judge Dean Whipple; Joint proposed scheduling order due by 8/13/2001,.(Johnson, Yvonne) (Entered: 04/13/2001)

4 ANSWER to complaint (Related Doc # 1) filed by W. Terrence Kilroy on behalf of Packaging Dynamics, Inc.. (Kilroy, W.) (Entered: 06/11/2001)

5 Joint STIPULATION OF DISMISSAL filed by Julie A Elston on behalf of Packaging Dynamics, Inc.. (Attachments: # 1 Settlement Agreement) (Elston, Julie) (Entered: 09/06/2001)

6 ORDER - by Judge Dean Whipple; ORDERED that the Stipulation of Dismissal with prejudice is GRANTED, with each party to pay its own costs and attorneys' fees.[related to doc. #5](Johnson, Yvonne) (Entered: 10/02/2001)

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?576196473353895-L_353_0-1

5/7/2007

CM/ECF Western District of Missouri - Docket Report

PACER Service Center
Transaction Receipt

05/07/2007 21:54:18

PACER Login: hs0328

Client Code: EEOC

Description: Docket Report Search Criteria: 4:01-cv-00391-DW

Billable Pages: 1

Cost:

0.08

Page 3 of 3

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?576196473353895-L_353_0-1

5/7/2007