Case 6:06-cv-06053-JLH Document 1 Filed 09/20/2006 Page 1 of 6

IN THEUNITEDSTATESDISTRICTCOIjRWESfEfrit

FOR TIIE WESTERNDISTRICT OF ARKANSAS

HOT SPRINGSDIVISION

sFP2C2m

EQUAL EMPLOYMENT OPPORTLTNITY) COMMISSION,

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. DtsIJTICEI

Plainti ff,

CIVILACTIONNO 06-bo53

COMPLAINT

ISSAENTERPRISESIN, C. d/b/a/ COLORADO GRILL

Defendant.

JURY TRIAL DEMAI\D

NATURE OF THE ACTION Thisis anactionunderTitle VII of theCivil RightsAct of 1964,asamended("Title VII'), andTitleI of theCivil RightsAct of l99l to conectunlawfulemploymenptracticesandtoprovide appropriatreelieftoTammieRodriguezandaclassof femaleemployeeswhohavebeenadversely affectedby suchpractices. TammieRodriguezandotherfemaleemployeews erediscriminated againsbt y Defendanbt y beingsubjectedto sexualdiscriminationandsexualharassment. Ms. Rodriguezwasdischargeidn retaliationfor complainingaboutsexuahl arassment. Otherfemale employeews ereforcedto resigndueto ongoingsexuahl arassment.
JIJR.ISDICTIONAND VENUE 1. JurisdictioonfthisCourtisinvokedpursuantot 28U.S.C$. $4511, 331,1337,1343, and1345.Thisis anactionauthorizedandinstitutedpursuantto $706(t(1)and(3) and9706and $707of TitleVII of theCivil RightsAct of 1964a, samended4,2U.5.C.92000ee,tssq. ("Title
vII).

Case 6:06-cv-06053-JLH Document 1 Filed 09/20/2006 Page 2 of 6
2. Theemploymenptracticesallegedtobeunlawfulwereandarenowbeingcommitted withinthejurisdictionof theUnitedStatesDistrictCourtfor theWestemDistrictof ArkansasH, ot SpringsDivision.
PARTIES 3. Plaintiff,EqualEmploymenOt pportunityCommission(the"Commission")i,s an agencyof the United Statesof Americachargedwith the administrationi,nterpretationa, nd enforcemenotf Title VII andis expresslyauthorizedto bringthisactionby $706(0(1)and(3) and 9707of TitleVtr,42 U.S.C.$2000-5(0(1a)nd(3),and42U.S.C.$2000-6. 4. At all relevanttimes, Defendant,Issa EnterprisesI,nc. d./b/aColoradoGrill ("DefendanEt mployer")w, asa corporationdoingbusinesisn theStateofArkansasandtheCity of Hot Springsand has continuouslyhad at least fifteen (15) employees. DefendantEmployer operatesa restauranitn Hot Springs,Arkansas. 5. At all relevant imes,DefendanEt mployerhascontinuouslybeenandis now an employeer ngageidn anindustryaffectingcommercwe ithinthemeaningof 9701(b)(,g),and(h)of Title Vtr, 42U.S.C.92000e(b)(,g),and(h).
STATEMENTOF CLAIMS 6. Morethanthirty(30)dayspriortotheinstitutionof thislawsuit,TammieRodriguez fileda chargeof discriminationwiththeCommissionallegingviolationsof TitleVII byDefendant. Duringthe courseof the investigationa, llegationsof sexualharassmendtirectedtowardsother femaleemployeewserediscovered.All conditionsprecedentot theinstitutionofthis lawsuithave beenfulfilled. 7. FromonoraroundAugust1,ZQe3a,ndcontinuingD,efendanEtmployohras

Case 6:06-cv-06053-JLH Document 1 Filed 09/20/2006 Page 3 of 6
engagedin unlawful employmentpmcticesat its facility in Hot Springs,Arkansas,in violation of $703(a)of Title VII, asamended4,2U.S.C.$2000e-2(a).Theunlawtulpracticesinclude, but arenot limitedto, discriminationagainsTt ammieRodriguezandotherfemaleemployeeosn thebasisof theirsexin theformof subjectingTammieRodriguezandotherfemaleemployeetso sexuahl arassment.Defendanftailedto takepromptremediaal ctionto protectTammie Rodriguezandotherfemaleemployeesfromthesexuahl arassmenint theworkplace.
8. Thesexuahl arassmenint theworkplaceincludedb, utwasnot limitedto, graphic sexuacl ommentss,exuaol verturesp,hysicatlouchingofa sexuanl ature,andothersexual behaviordirectedtowardsTammieRodriguezandotherfemaleemployeebsy maleemployees. Theconducwt asoffensiveu, nwelcomea,ndpervasivein nature.
9. TammieRodriguezandotherfemaleemployeescomplainedto Defendant's managemenatboutsexualharassmenitn theworkplace. Defendantfailedto takeappropriate actionin responseto thesecomplaintsto protectits femaleemployeesfrom beingsubjectedto a sexuallyhostilework environment.
10. TammieRodriguezwasdischargeidn retaliationfor complainingaboutsexual harassmenint theworkplace.
11. Otherfemaleemployeews ereforcedto resigndueto theongoingsexual harassmenint theworkplaceandDefendant'srefusatlo takecorrectiveaction.
12. Theeffectofthe practicescomplainedofabovehasbeento depriveTammie Rodriguezandotherfemaleemployeeosf equalemploymenotpportunitieasndotherwise adverselyaffecttheirstatusasemployees.
13. Theunlawfulemployrnenptracticescomplainedofabovewereandare

Case 6:06-cv-06053-JLH Document 1 Filed 09/20/2006 Page 4 of 6
intentional. 14. DefendanEt mployeratall relevantimesactedwith maliceor reckless
indifferenceto thefederallyprotectedrightsof TammieRodriguezandotherfemaleemployees.
PRAYER FOR RELIEF WHEREFORE, theCommissionrespectfullypraysthatthis Court: A. GrantapermanenitnjunctionenjoiningtheDefendanEt mployeri,ts officers, successorsa,ssignsandall personsin activeconcertor participationwith it, flom engagingin any employmenptracticewhichdiscriminateosnthebasisofsex or retaliationfor engagingin protectedactivityunderTitle VII of theCivil RightsAct of 1964,asamended. B. OrderDefendanEt mployerto instituteandcarryoutpolicies,practicesa, nd programswhich provideequalemploymentopportunitieswhich eradicatethe effectsof its past andpresentun1awfulemploymentpattemsandpractices. C. OrderDefendantEmployerto makewholeTammieRodriguezandotherfernale employeews howeresubjectedto Defendant'psracticesof sexuahl arassmenatndretaliationby providingbackpaywith prejudgmenitnteresti,n amountsto bedeterminedattrial, andprovide all otheraffirmativereliefnecessartyo eradicatetheeffectsof its unlawfulemployrnenptractices. D. OrderDefendanEt mployerto makewholeTammieRodriguezandotherfemale employeews howeresubjectedto Defendant'sallegedsexuahl arassmenatndretaliationby providingcompensatiofnor pastandfuturepecuniarylossesresultingfromtheunlawful emplol.rnenptracticesdescribedabovei,ncludingmedicalexpensesin, amountsto bedetermined

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at trial. E. OrderDefendanEt mployerto makewholeTammieRodriguezandotherfemale
employeews howeresubjectedto Defendant'sallegedsexuahl arassmenatndretaiiationby providingcompensatiofnor pastandfuturenonpecuniarylossesresultingfromtheunlawful practicescomplainedof above,includingemotionapl ain,sufferinge, mbarrassment, inconveniencelo,ssofenjoymentoflife, andhumiliation,in amountsto bedeterminedattrial.
F. OrderDefendanEt mployerto payTammieRodriguezandotherfemale employeews howeresubjectedto Defendant'psracticesofalleged sexuahl arassmenatnd retaliationpunitivedamagefsor its maliciousand/orrecklessconducti,n anamounto be determinedattrial.
G. GrantsuchfurtherreliefastheCourtdeemsnecessarayndproper. H. AwardtheCommissionits costsin thisaction.

Case 6:06-cv-06053-JLH Document 1 Filed 09/20/2006 Page 6 of 6

JURYTRIALDEMAND TheCommissionrequestasjury trial on all questionsof factraisedby its Complaint.

RONALD S.COOPER GeneraCl ounsel

JAMES L. LEE DeputyGeneraCl ounsel

GWENDOLYN YOUNG RBAMS AssociateGeneraCl ounsel

FAYEA.WILLL

RegionaAl ttomey

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AR #88081
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
820LouisianaSt,Suite200 Little Rock,Arkansas72201 Telephone: (501)324-5539

 
 Case 6:06-cv-06053-JLH Document 12 Filed 02/06/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

v.

Civil No. 06-6053

ISSA ENTERPRISES, INC., d/b/a COLORADO GRILL

DEFENDANT

O R D E R

Now on this 6th day of February, comes on for consideration

defendant's Motion To Dismiss (document #5), and from said motion,

and the response thereto, the Court finds and orders as follows:

1. In this Title VII case, plaintiff alleges that defendant

sexually harassed several female employees, and then retaliated

against those employees by terminating them when they complained

of the harassment.

Defendant moved to dismiss, contending that it did not have the requisite number of employees for the requisite time period to

bring it within the purview of Title VII. While no brief

accompanied the motion, it was supported by an exhibit purporting

to show the number of employees at various time periods.

2. Plaintiff responded with its own exhibits purporting to

show that defendant did have the requisite number of employees,

but pointed out that -- as of that time -- no discovery had been

conducted and initial disclosures had not yet been made.

Plaintiff suggested that if the Court were to consider the various

documents attached to the motion and the response, the motion

Case 6:06-cv-06053-JLH Document 12 Filed 02/06/2007 Page 2 of 3
would have to be converted to a motion for summary judgment. Plaintiff also pointed out defendant's failure to comply with Local Rule 7.2(e), which provides that "motions to dismiss, shall not be taken up and considered unless set forth in a separate pleading accompanied by a separate brief."
3. Turning first to the last of these points, the Court notes that the pending motion was set forth in a separate pleading, and that, although the brief was not set out separately from the motion, the motion did cite the particular narrow legal authority upon which it relies. The Court, therefore, will not decline to consider the motion for failure to comply with Local Rule 7.2(e).
4. The term "employer" is defined, for Title VII purposes, as "a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." 42 U.S.C. 2000e(b). This threshold number is "an element of plaintiff's claim for relief, not a jurisdictional issue." Arbaugh v. Y&H Corp., 546 U.S. 500 (2006).
The Complaint alleges, at paragraph 3, that "[a]t all relevant times, Defendant . . . has continuously had at least fifteen (15) employees." Thus dismissal for failure to state a claim, pursuant to F.R.C.P. 12(b) would not be proper. The Court has considered whether it would be appropriate to convert the
-2-

Case 6:06-cv-06053-JLH Document 12 Filed 02/06/2007 Page 3 of 3
pending motion to one for summary judgment, pursuant to F.R.C.P. 12(b), and finds it would not. No discovery has been had, and initial disclosures -- which were to be made by January 5, 2007, pursuant to the Court's Scheduling Order -- had not been made when the motion and response thereto were filed. The Court believes the better course of action is to deny the motion at this time, without prejudice to its renewal when sufficient discovery has taken place to allow the parties to present admissible evidence in support thereof.
IT IS THEREFORE ORDERED that defendant's Motion To Dismiss (document #5) is denied.
IT IS SO ORDERED. /s/ Jimm Larry Hendren
JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
-3-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
ISSA ENTERPRISES, INC. D/B/A COLORADO GRILL
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

06-6053

)

)

)

)

)

)

)

CONSENT DECREE

This action was instituted on September 20, 2006, by the Equal Employment Opportunity

Commission (the Commission) against Issa enterprises, Inc. d/b/a Colorado Grill to enforce the

provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.

(Title VII), and the Civil Rights Act of 1991,42 U.S.C. §1981a. The Commission's complaint

alleged that female employees were subjected to sexual harassment and retaliation during their

employment at Defendant's restaurant in Hot Springs. This Consent Decree does not constitute an admission by the Defendant of the allegations

of the Complaint. All parties to this action desire to avoid the additional expense and delay in

litigation ofthis case. In the event this proposed Consent Decree is not approved or does not

become final, then it shall not be admissible in evidence in any subsequent proceeding in this

action. The Court has reviewed the terms ofthe proposed Consent Decree in light of the

applicable laws and regulations, the statements and representations of counsel for all parties, and

hereby approves the Consent Decree.

NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Western District of Arkansas, Hot Springs Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiffs Complaint in this cause, alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-2006-00092 filed by Tammie Rodriguez and Charge No. 251-2006-00245 filed by Elan Kesilman Fowler with the EEOC. This Consent Dcree resolves the claims of Ms. Rodriguez and Ms. Fowler, as well as the class of females who were adversely effected by sexual harassment in Defendant's workplace, as alleged in Charge No. 251-2006-00092 and Charge No. 251-2006-00245. Notwithstanding any provisions contained in this Decree, this Agreement shall not be considered in any manner to be dispositive of any charge other than Charge No. 251-2006-00092 and Charge No. 251-2006-00245. B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of three years from the date of the entry of this Decree except for Section VI.D. (neutral reference) which will be in effect permanently.
III. NON-DISCRIMINATION PROVISIONS A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree to refrain from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of their sex. Defendant agrees to refrain from permitting its employees to be subjected to a sexually hostile work environment.
2

B. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree to refrain from subjecting employees to constructive discharge.
C. Defendant agrees to train its supervisors and managers in the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of sexual harassment and constructive discharge.
D. Defendant will provide a copy of its sexual harassment policy to all of its employees who work in the Hot Springs facility within thirty (30) days of the entry of this decree.
E. Defendant agrees to conduct training sessions on the prevention of sexual harassment for all the employees who work in Hot Springs facility including Nicholas Issa, and all managers and supervisors in its Hot Springs facility. These training sessions will be conducted within ninety (90) days of the entry of this decree. A list of the employees that attend the training sessions, a copy of any syllabi, and a copy of the training materials will be provided to Plaintiff within thirty (30) days of the training sessions.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure, against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifYing, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
V. NOTICE Defendant shall conspicuously post at its facility in Hot Springs, Arkansas, the notice (poster) required to be posted pursuant to Title VII of the Civil Rights Act of 1964, as amended.
3

Furthennore, Defendant shall conspicuously post the notice at Appendix A of this Decree at its facility in Hot Springs, Arkansas for a one year period commencing within ten (10) days after entry of this Decree by the Court. The notice will be signed by Nicholas Issa.
VI. INDIVIDUAL RELIEF A. Defendant shall not include any reference to the charges of discrimination filed by Tammie Rodriguez and Elan Kesihnan Fowler or this litigation in the personnel files of Tammie Rodriguez, Elan Kesilman Fowler, Kasie Boyd, Natalie Jones, and Rearman Howell. B. Defendant agrees to pay $10,000 to Tammie Rodriguez. Defendant shall deliver to Tammie Rodriguez, a cashier's check made payable to "Tammie Rodriguez" in the amount of $4,000 within 45 days ofthe entry of the decree. Defendant will deliver a second cashier's check to "Tammie Rodriguez" in the amount of $6,000 within one year of entry of the decree. Plaintiff will provide Defendant's counsel with the current mailing address of Tammie Rodriguez within ten (10) days of the entry ofthe decree. Defendant agrees that there will be no withholding from these checks and will issue 1099 fonns to Ms. Rodriguez for each check.
C. Defendant agrees to pay $10,000 to Elan Kesilman. Defendant shall deliver to Elan Kesilman, a cashier's check made payable to "Elan Kesihnan" in the amount of $4,000 within 45 days of the entry of the decree. Defendant will deliver a second cashier's check to "Elan Kesilman" in the amount of $6,000 within one year of entry of the decree. Plaintiff will provide Defendant's counsel with the current mailing address of Elan Kesilman within ten (10) days of the entry of the decree. Defendant agrees that there will be no withholding from these checks and will issue 1099 fonns to Ms. Kesilman for each check.
4

D. Defendant agrees to pay $3,000 to Kasie Boyd. Defendant shall deliver to Kasie Boyd, a cashier's check made payable to "Kasie Boyd" in the amount of$I,OOO within 45 days of the entry of the decree. Defendant will deliver a second cashier's check to "Kasie Boyd" in the amount of $2,000 within one year of entry of the decree. Plaintiff will provide Defendant's counsel with the current mailing address ofKasie Boyd within ten (10) days of the entry of the decree. Defendant agrees that there will be no withholding from these checks and will issue 1099 forms to Ms. Boyd for each check.
E. Defendant agrees to pay $1,000 to Natalie Jones. Defendant shall deliver to Natalie Jones, a cashier's check made payable to "Natalie Jones" in the amount of$500 within 45 days of the entry of the decree. Defendant will deliver a second cashier's check to "Natalie Jones" in the amount of $500 within one year of entry ofthe decree. Plaintiff will provide Defendant's counsel with the current mailing address ofNatalie Jones within ten (10) days of the entry of the decree. Defendant agrees that there will be no withholding from these checks and will issue 1099 forms to Ms. Jones for each check.
F. Defendant agrees to pay $1,000 to Reannan Howell. Defendant shall deliver to Reannan Howell, a cashier's check made payable to "Reannan Howell" in the amount of $500 within 45 days of the entry of the decree. Defendant will deliver a second cashier's check to "Reannan Howell" in the amount of $500 within one year of entry of the decree. Plaintiff will provide Defendant's counsel with the current mailing address ofReannan Howell within ten (10) days of the entry of the decree. Defendant agrees that there will be no withholding from these checks and will issue 1099 forms to Ms. Howell for each check.
5

G. Defendant shall forward a copy of all of the cashier's checks to William A. Cash, Jr. at the Commission Office in Little Rock, Arkansas.
H. Defendant agrees to provide a neutral reference for Tammie Rodriguez, Elan Kesilman Fowler, Kasie Boyd, Natalie Jones, and Reanna Howell to any potential employers who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of the charges of discrimination or this action will be made as part of the neutral reference.
VII. COSTS Each of the parties shall bear their own costs, including attorneys' fees.

SO ORDERED THIS ,--_DAY O'~~~'L_" 20 .

WSS*NN~~!~CRALf<AtsAS
SI!P 112007

JIMMLARRY UNITED STATES DISTRICT JUDGE

6

COUNSEL FOR PLAINTIFF
RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

R SSELL GUNTER CROSS, GUNTER,
WITHERSPOON & GALCHUS 500 President Clinton Ave., Ste. 200
P.O. Box3178 Little Rock, AR 72203 Telephone: (501) 231-0035

Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 7220 I Telephone: (501) 324-5539
(501) 324-5065
7

APPENDIX A NOTICE
8

NOTICE
I. Colorado Grill has agreed with the EEOC to post this notice for one year to reinforce the company's policies concerning the prevention of sexual harassment and retaliation against any employee.
2. Federal law prohibits an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3. Federal law prohibits sexual harassment in the workplace. Sexual harassment includes unwelcome sexual comments, sexual jokes and touching of a sexual nature.
4. Colorado Grill supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding or hearing under Title VII ofthe Civil Rights Act of 1964, as amended.
NICHOLAS ISSA
DATE
9

APPENDIX B NEUTRAL REFERENCE

Dear _ _ _ __

This letter is in response to your inquiry regarding the employment of~_____ while employed at Colorado Grill.

Ms.

worked at Colorado Grill from

through ,---::-_ _

Company policy does not permit us to give out any more information concerning Ms. _ _ __

employment.

I am sure Ms.

can provide you with the details concerning her tenure at Colorado Grill.

I hope this information is helpful and that it satisfactorily answers your inquiry.

Very truly yours,

Colorado Grill

 
 Western District of Arkansas - Docket Report

https://ecf.arwd.uscourts.gov/cgi-bin/DktRpt.pl?107918935504485-L_5...

U. S. District Court Western District of Arkansas (Hot Springs) CIVIL DOCKET FOR CASE #: 6:06-cv-06053-JLH

CLOSED

Equal Employment Opportunity Commission v. ISSA Enterprises, Date Filed: 09/20/2006

Inc.

Date Terminated: 09/11/2007

Assigned to: Honorable Jimm Larry Hendren

Jury Demand: Plaintiff

Cause: 28:451 Employment Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William A. Cash EEOC 820 Louisiana Street, Suite 200 Little Rock, AR 72201 501-324-5539 Fax: 501-324-5991 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela Dixon EEOC 820 Louisiana, Suite 200 Little Rock, AR 72201 (501) 324-5065 Fax: (501) 324-5991 Email: pamela.dixon@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
ISSA Enterprises, Inc. doing business as Colorado Grill

represented by J. Sky Tapp Tapp Law Offices 523 Orange Street P. O. Box 6426 Hot Springs, AR 71902 501-624-7719 Fax: 501-624-1521 Email: jerif@tapplawfirm.com TERMINATED: 02/07/2007 LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Russell A. Gunter Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue Suite 200 Little Rock, AR 72203 (501) 371-9999 Fax: (501) 371-0035 Email: rgunter@cgwg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/20/2006 09/20/2006
10/24/2006 10/24/2006
11/08/2006 12/12/2006 12/12/2006 12/13/2006 12/13/2006

# Docket Text
1 COMPLAINT against ISSA Enterprises, Inc. , filed by Equal Employment Opportunity Commission.(rls) (Entered: 09/20/2006)
CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Equal Employment Opportunity Commission. Complaint 1 lists multiple attorneys appearing for the filer. All listed attorneys, (Terry Beck, Faye A. Williams, Gwendolyn Young Reams, James L. Lee and Ronald S. Cooper) other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (rls) (Entered: 09/20/2006)
2 ANSWER to Complaint by ISSA Enterprises, Inc..(rls) (Entered: 10/24/2006)
3 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 12/29/2006. Final Scheduling Order issue date 1/9/2007. Jury Trial set for 6/25/2007 08:30 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on October 24, 2006. (gg) (Entered: 10/24/2006)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. ISSA Enterprises, Inc. waiver sent on 9/27/2006, answer due 11/27/2006. (Cash, William) (Entered: 11/08/2006)
5 MOTION to Dismiss Case by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 12/12/2006)
6 First MOTION to Dismiss Case EXHIBIT A by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 12/12/2006)
7 JOINT REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Cash, William) Modified on 12/14/2006 to add text(rls). (Entered: 12/13/2006)
8 FINAL SCHEDULING ORDER: Jury Trial RESET for 9/17/2007 08:30 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on December 13, 2006. (gg) (Entered: 12/13/2006)

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12/20/2006 12/20/2006
01/29/2007 02/06/2007 02/07/2007 02/07/2007 04/10/2007 04/11/2007 05/17/2007 05/17/2007 05/25/2007
05/25/2007 05/25/2007

9 RESPONSE in Opposition re 5 MOTION to Dismiss Case filed by Equal Employment Opportunity Commission. (Cash, William) (Entered: 12/20/2006)
10 BRIEF IN SUPPORT OF 9 RESPONSE in Opposition re 5 MOTION to Dismiss Case filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Cash, William) Modified on 12/22/2006 to correct text(rls). (Entered: 12/20/2006)
11 NOTICE of Appearance by Russell A. Gunter on behalf of ISSA Enterprises, Inc. (Gunter, Russell) (Entered: 01/29/2007)
12 ORDER denying 5 Motion to Dismiss Case . Signed by Judge Jimm Larry Hendren on 2/6/07. (dmc) (Entered: 02/06/2007)
13 MOTION to Withdraw as Attorney of Record for Defendant by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 02/07/2007)
TEXT ONLY ORDER granting 13 Motion to Withdraw as Attorney. Attorney J. Sky Tapp terminated . Signed by Judge Jimm Larry Hendren on February 7, 2007. (kcg) (Entered: 02/07/2007)
14 Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Cash, William) (Entered: 04/10/2007)
TEXT ONLY ORDER granting 14 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended until May 18, 2007, and the deadline for dispositive motions is extended until May 25, 2007. Signed by Judge Jimm Larry Hendren on April 11, 2007. (kcg) (Entered: 04/11/2007)
15 MOTION for Extension of Time to Complete Discovery by ISSA Enterprises, Inc.. (Gunter, Russell) (Entered: 05/17/2007)
TEXT ONLY ORDER granting 15 Motion for Extension of Time to Complete Discovery. Discovery period extended to June 15, 2007. Signed by Judge Jimm Larry Hendren on May 17, 2007. (kcg) (Entered: 05/17/2007)
***MOTION AND EXHIBITS REMOVED FROM CM/ECF - REDACTED COPY TO BE FILED BY ATTORNEY*** MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Attachments: # Exhibit 1; # Exhibit 2 - Part 1; # Exhibit 2 - Part 2; # Exhibit 2 - Part 3; # Exhibit 3; # Exhibit 4a; # Exhibit 4b; # Exhibit 5; # Exhibit 6; # Exhibit 7; # Exhibit 8; # Exhibit 9; # Exhibit 10; # Exhibit 11; # Exhibit 12; # Exhibit 13; # Exhibit 14; # Exhibit 15; # Exhibit 16; # Exhibit 17; # Exhibit 18; # Exhibit 19; # Exhibit 20; # Exhibit 21; # Exhibit 22)(Gunter, Russell) Modified on 5/29/2007 to correct text (dmc). Modified on 5/29/2007 to remove document(s) from CM/ECF (jrs). (Entered: 05/25/2007)
17 MEMORANDUM BRIEF in Support of 19 MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Gunter, Russell) Modified on 5/31/2007 to correct link (rls). (Entered: 05/25/2007)
18 STATEMENT OF FACTS in support of 19 MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Gunter, Russell) Modified on 5/31/2007 to correct link (rls). (Entered: 05/25/2007)

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05/31/2007 05/31/2007 05/31/2007 06/18/2007 06/18/2007 06/18/2007 06/18/2007

***MOTION AND EXHIBITS REMOVED FROM CM/ECF - REDACTED COPY TO BE FILED BY ATTORNEY*** MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Attachments: # Exhibit 1# Exhibit 2# Exhibit 2a# Exhibit 2b# Exhibit 3# Exhibit 4a# Exhibit 4b# Exhibit 5# Exhibit 6# Exhibit 7# Exhibit 8# Exhibit 9# Exhibit 10# Exhibit 11# Exhibit 12# Exhibit 13# Exhibit 14# Exhibit 15# Exhibit 16# Exhibit 17# Exhibit 18# Exhibit 19# Exhibit 20# Exhibit 21# Exhibit 22)(Gunter, Russell) Modified on 5/30/2007 to remove documents from CM/ECF (jrs). (Entered: 05/29/2007)
19 MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Attachments: # 1 Exhibit 1a# 2 Exhibit 1b# 3 Exhibit 2a# 4 Exhibit 2b# 5 Exhibit 2c# 6 Exhibit 2d# 7 Exhibit 3# 8 Exhibit 4a# 9 Exhibit 4b# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15# 21 Exhibit 16# 22 Exhibit 17# 23 Exhibit 18# 24 Exhibit 19# 25 Exhibit 20# 26 Exhibit 21# 27 Exhibit 22)(Gunter, Russell) (Entered: 05/31/2007)
20 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) (Entered: 05/31/2007)
TEXT ONLY ORDER granting 20 Motion for Extension of Time to File Response. Plaintiff is allowed until June 18, 2007, to respond to defendant's Motion For Summary Judgment. Signed by Judge Jimm Larry Hendren on May 31, 2007. (kcg) (Entered: 05/31/2007)
21 PLEASE DISREGARD - INCORRECT PDF ATTACHED - MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)
22 PLEASE DISREGARD - INCORRECT PDF ATTACHED - MEMORANDUM BRIEF in Support Of Its Response In Opposition To Defendant's Motion For Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)
23 PLEASE DISREGARD - INCORRECT PDF ATTACHED - RESPONSE in Opposition re 19 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William). Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)
24 PLEASE DISREGARD - INCORRECT PDF ATTACHED - MEMORANDUM BRIEF in Support . Plaintiff's Brief In Support Of Its Response In Opposition To Defendant's Motion For Summary Judgement by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry

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06/28/2007 07/24/2007 08/02/2007 08/13/2007

(dmc). (Entered: 06/18/2007)
25 PLEASE DISREGARD - INCORRECT PDF ATTACHED - STATEMENT OF FACTS in support of 19 MOTION for Summary Judgment . Plaintiff's Response In Opposition To Defendant's Statement of Undisputed Facts by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)
***RESPONSE AND EXHIBITS REMOVED FROM CM/ECF - REDACTED COPY TO BE FILED BY ATTORNEY***RESPONSE in Opposition re 19 MOTION for Summary Judgment . Plaintiff's Response in Opposition To Defendant's Motion For Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # Exhibit 1# Exhibit 2# Exhibit 3# Exhibit 4# Exhibit 5# Exhibit 6# Exhibit 7# Exhibit 8# Exhibit 9# Exhibit 10# Exhibit 11# Exhibit 12# Exhibit 13# Exhibit 14# Exhibit 15# Exhibit 16)(Cash, William) Modified on 6/20/2007 to remove documents from CM/ECF (jrs). (Entered: 06/18/2007)
27 MEMORANDUM BRIEF in Support . Plaintiff's Brief In Support of 29 Response In Opposition To Defendant's Motion For Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry and document link (dmc). Modified on 8/29/2007 to create document link to corrected re-filed response (dmc). (Entered: 06/18/2007)
28 STATEMENT OF FACTS (RESPONSE) in Opposition re 29 MOTION for Summary Judgment . Plaintiff's Response; and In Opposition re 18 Defendant's Statement of Undisputed Facts filed by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry and document link (dmc). Modified on 8/29/2007 to create document link to corrected re-filed response(dmc). (Entered: 06/18/2007)
29 RESPONSE in Opposition re 19 MOTION for Summary Judgment . Plaintiff's Response in Opposition To Defendant's Motion For Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William) (Entered: 06/21/2007)
30 REPLY by ISSA Enterprises, Inc. re 28 Response in Opposition to Motion,. (Gunter, Russell) (Entered: 06/28/2007)
31 ORDER directing parties to submit within 10 days a Settlement Conference Statement as set out in order. Signed by Judge Barry A. Bryant on July 24, 2007. (dkg) (Entered: 07/24/2007)
32 ORDER Setting/Resetting Hearings: Settlement Conference set for 8/28/2007 10:00 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Barry A. Bryant.. Signed by Judge Barry A. Bryant on August 2, 2007. (dkg) (Entered: 08/02/2007)
33 NOTICE of Appearance by Pamela Dixon on behalf of Equal Employment Opportunity Commission (Dixon, Pamela) (Entered: 08/13/2007)

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34 PRETRIAL DISCLOSURE SHEET by Equal Employment Opportunity Commission. (Cash, William) (Entered: 08/27/2007)
35 PRETRIAL DISCLOSURE SHEET by ISSA Enterprises, Inc.. (Gunter, Russell) (Entered: 08/27/2007)
36 ORDER denying 19 Motion for Summary Judgment. Signed by Judge Jimm Larry Hendren on 8/29/2007. (dmc) (Entered: 08/29/2007)
37 MOTION in Limine by ISSA Enterprises, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gunter, Russell) (Entered: 09/04/2007)
38 CONSENT DECREE . Signed by Judge Jimm Larry Hendren on September 11, 2007. (dmc) (Entered: 09/11/2007)

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