Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 1 of 7
7
UNITED STATES DISTRTCT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
PlaintifT,
v.
MICHIGAN SEAMLESS TUBE, Derendant.

JUDGE : Borman, Paul D. DECK : S. Division Civil Deck DATE : 09/29/2005 @ 11:44:28 CASE NUKBER : 2:05CV73719 CMP EEOC V. HI SEAMLESS TUBE (DA) SI
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF TIlE ACTION This is an action under Title VII of the Civil Rights Act of 1964, and Title I ofthe Civil Rights Act of1991, to correct unlaw luI employment practices on the basis orraco, and to provide appropriate relicfto Doraretha McKee, Aaron Laird, Robert Shaw, Rodcric Boone, Anita Claxton, Johnny Fanner and Nicklas Maddox, and other similarly situated persons who were adversely affected by such practices. The EEOC alleges thaI Defendant, Michigan Seamless Tube, ("Defendant" or "Michigan Seamless") discriminated agaillst these individuals and persons similarly situated by failing to hire them because of their race, African A.l11eriC<lll.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(1)(1) and (3) ofTitle VIr of the Civil Rights Act of 1964, as amcndcd, 42 U.S.C. 2000e-5(f)(I) and (3) ("Title VII"), and

Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 2 of 7

Section 102 of the Civil Rights Act or 1991,42 U.S.c. § 1981 a, 28 U.S.C. §* 451, 1331, 1337, 1343

and 1345.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court fM tho Eastern District of Michigan,

Southom Division.

3. Plaintiff, the Equal Employment Opportunity Commission, ("EEOC" or the

"Conunission") is the agency of the United States of America charged with the administration,

interpretation and enforcement ofTille VIT, and is expressly authorized to bring this action by Section

706(f)(1) and (3) orTitie Vll, 42 U.S.C. §§ 2000e-5(f)(I) and (3).

4. At all relevant times, Defendant, Michigan Seamless, has continuously been a

corporation doing business in South Lyon, Michigan, and has continuously had over 15 employees.

5. At all relevant times, Defendant Employer has continuously been an employer engaged

in an industry affecting conUllerce within the meaning of Sections 701 (b), (g), and (h) of Title VJT,

42 U.S.C. §§ 2000e(h), (g), and (h).

STATEMENT OF CLAIMS

6.

More than thirty (30) days prior to the institution oi"this lawsuit, Doraretha McKee,

Aaron Laird, Robert Shaw, Roderic Boone, Anita Claxton, Johnny Famler and Nicklas Maddox, filed

charges with the Commission alleging violations ofTitle VTIby Dei"endant Employer. All conditions

precedent to the instiMion of this lawsuit have been fuUillcd.

7. Since at least October 2002, Defendant Employer has engaged in unlawlul

employment practices at its South Lyon, Michigan facility, in violation ofSeetion 703(a), 42 U.S.c.

§ 2000e-2(a). The unlawti.li employment practices inc;.lude failing to hire Doraretha McKee, Aaron

2

Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 3 of 7
Laird, Robert Shaw, Rodcric Boone, Anita Claxton, Johnny Farmerand Nicklas Maddox, and persons similarly situated, because of their race, African American.
S. The effect of the unlawful conduct complaincd or in paragraph 7, above, has been to deprive DorarethaMcKee, Aaron Laird, Robert Shaw, Roderie Boone, Anita Claxton, Johnny Farmer, Nicklas Maddox and others similarly situated of equal employment opportunities and otherwise adversely affect their status as employees because ofthcir race, African American.
9. The unlawful employment practices complained of in paragraph 7, above, wcre and are intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice orwith reckless indifference to the federally protected rights ofDorarctha McKee, Aaron Laird, Robert Shaw, Roderic Boone, Anita Claxton, Johnny Farmer, Nicklas Maddox and others similarly situated.
PRAYER FOR RELIEF
Wherefore, the Commission respectf'ilUy requests that this Court: A. GRANT a permanent injunction cnjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in race discrimination in hiring, and any other cmployment practice which discriminates on the basis ofrace; B. ORDER Defendant Employer to institute and carry out policies, practices, and programs which provide equaf emplo)1llent opportunities for Afriean Americans, and which eradicate the effects of its past and present unlawful employment practices; C. ORDER Defendant Employer to provide training on Title VII of the Civil Rights Act of 1964, as amended, and its prohibitions against race discrimination to all of its employees at its
3

Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 4 of 7
SQuth Lyon, Michigan facility and its human resources department; D. ORDER Defendant Employer to make whole Dorarctha McKee, Aaron Laird, Robert
Shaw, Rodcric B(l(lne, Anita Claxton, JQhnny Fanner, Nicklas Maddox and others similarly situated by providing appmpriate monetary relief, in the form of hack pay, pecuniary and compensatNy damages in the amounts to be pmven at trial;
E. ORDER Defendant Employer to pay Doraretha McKee, Aaron Laird, Robert Shaw,
Roderic Boone, Anita Claxton, JohnnyFanller, Nicklas Maddox and others similarly situated punitive
damages for its malicious or reckless cQnduct described in paragraph 7, above, in amounts (Q be
proven at (rial; F. ORDER Defcndant Employer to make whole DorarethaMeKce, Aaron Laird, Robert
Shaw, RQderic Boone, Anita Claxton, Johnny Farmer, Nicklas Maddox and Qthers similarly situated byproviding appropriate fringe benefits they would have been entitled to had (hey not been subjected to unlawful discrimination.
G. GRAKT such further relief as the Court deems necessary and proper in tile public interest; and
H. AWARD the Commission its costs fQr (his action.
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Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 5 of 7

JURY TRIAl, DEMAND The Commission requests a jury trial on all questions of' fact raised by its Complaint.
Respectfully submitted,
JAMES L. LEE Deputy Gencral Counsel

DATED: September 29,2005

Regional Attorney
ROBERT K. DA WKTNS (P38289) Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMTSSION DETROTT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 4822G Tclephone: (313)226-6701

5

LCS!_~
Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 6 of 7

0stase - . JS 44 11199

CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: OAKLAND

The JS-44 ci~1 cover s~eet and the infomlatlon contain~d herein neither replace nor supplement the filing atid ~er:vlce of plea~ings or other papers a:S~l)i;g

by Ic;lW, except as provided by local rules of court, This form, c;lpproVl;!:d by the Judicial Conference of the United

In sep7eg~ re ir

for l,J~e of the Clerk of Court for the purpose of ifliti8ting thl;!: civil docket sheet.

I. (a) PLAINTIFFS

DEFENDANTS

U,S. EQUAL EMPLOYMENT OPPORTUNITY

MICHIGAN SEAMLESS TUllE

COMMISSION

;;:-;...:.:....::..==-""1----......
«: Llsted~>- (b) County of Re,ldenc. of First ;;;; 'r fi-

"--_... ----",,',."-..........

,,~/
_""" ,~. ,"-~-',",'"

r.,.ph"". (C) Attorney's (Firm Nome, Add'''''" and

Numbe~

County of Residence of Fir.!)t Listed

OAKLAND

NQTE: '~A~~N,~,~~~~;MNATION CASES, USE THE LOCATION OF THE

A~or~.y,(lIKn":~~y~ D~MAN

Adele Rapport (P44l:l33), Equal Employment Opportunity COirunission, 477 Michigan Avenue, Room 865 Dctroit. MI 48226 (3 \3)226-6701

M"AGT~~ ~ 'ToriA&mT':~

, I!,,~ OF JURISDICTION IPI,,,, an "X" '0 On, "0' Onl,)

[~11 u~ov.mm.nt
...__. '.'ntlff

o 3 Feder*,1 Ql,le$liOn ~U,S, GOllemment Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PI.,••n "X" In 0" B" '0' pI>lnll.

(For Diversity Cases Only)

PLA DEF

Citizen of Thh~ St~te

IU I

and On9 B~I( for De:fend3I1t)
LJPLA DEF
Incorporate(j or Principal Place 4 1--1 4
of Business In This State

U 2 U.S. Government
Defendant

o 4 Diversity (Indicate Citizenship of Parties In Item 111)

IV. NATURE OF SUIT
CONTRACt

(PI.ce an "X" in One Box Only) TORTS

Citizen of Another

2 1.1 2

I l 03 Cili..n Qr Subject 01. 3 Forelan CountrY

05 Incorporated and Principal

1,.-.1 5

01 BuslM~g In Anotht!r State

Foreign Nation

L.!6 11 6

FORPEITORE/PENALTY

MNKHUPTCY

OTHER STATUTES

0 1 1 0 In:!liuri!lnol! U 120 Marine 0 130 Mllle( Act U 140 Negotiable In:strument U 150 RecoverY I)f
OvNpsyment and Enfr;rrr;emel'li of Judgment
0 151 Medicare kJ.
r'l 152 Recovery of Def,.l,llied Student Loans
(EX'd. V~er.jjlmi) 0 153 ~e~oyery Pi OIrl:lrp;ayment
of V~er.m·::s Bel'lerhs r:t 160 Stockholders' Suits 0 190 Olher Contfsct
n 195 CQntrarJ Product !.Iability

PERSONAL INJURY' 0 :$1 0 Airplane U j15 Airplane Prodw;{
Vilblilly
n
320 Assault Lib~1 And Slander
U 330 F'edtrlll Empklytlls'
Usbility
[l 340 M..ri1~ 0 345 Msrlne j::>roduct
Li;abil~y
n 350 MQW Vehicle
0 355 Motor Vehicle Produd U~bilily
0 360 other PeI'900at Inj\.lI"V

" PERSONAL INJURY
U 362 Per&onallnjury~ 0

Med. Malpractice IJ

- U 365 p.m'uJomn~'1nI~IIrIy(

0

0 36ii' Asbestos POfsonal 0

",~ Injury Prl'ldud

' Liability

Ll

[J
~ERSONAL PROpeRTY

1..'1 ~70 Other Fr~ud

0

0 371 Truth in Lending

U jeO Other Pen;Qn;l1

Property D"m;aae 0 385 Property Damage

0

Produd Uabimy 0

REAL PROPERTY

CIVIL RIGHTS PRiSONER PETInONS

0 210 Land Condemnsti0n,I'" ~~<1Voting

" 2.20 FOfllclosure IYI'- iii 442 ElliploymetU

0 230 R~nt Lell~#I 0& Ej'l!lcltYl \

443 HQu:r>in!;l1

0

0 51 0 Motion&. to Vacate

Sent~ncc

0

H&beaa Corpu-s:

U 240" ortllltllrtnd

Ac~mooQIj(lf11>

l.I 5::30 Genem1

0

0 245 Tort Product Liability 0 .44 Wstfar~

0 535 Death Penalty

o U 290 All Olhtlr' F!:l!Isl Property

440 Other Civil Rights U 540 Mand8ml,l~ Ij. O\tlar 0

0 550 Clltil Rights

U 555 Prison CQnd~lol'I

610 Agricl,Il~rl!!i 620 Other Food &. Drug 625 DruQ R~lo:d:M S$I~urt!
ofPm~lty21:881
630 Uquor Law.:;
B40 R.R. &. Truck
650 Air1in~ Reg~, 6600COJpationai
safetylHealth 690 Other
LABOR
710 F!!ir LBI)Qr SlflntlArtI~ Act
720 LaborlMgmt.
R~t;aliol'l:t.
730 l,abr;rrlMgmt Reporting &. Disdtl5Ure A\.,1
740 Railway Labor Act
790 Other Labor Liligollillc'm
791 Empl. Ret. In~
S~¢I,lj'jt)' Ad

0 422 Appesl 28 USC 15a
0 423 'uVithdrawal 28 USC 157
PROPERTY Rlf~H I ~
0 620 Copyrights II e30 Palent 0 B40 Trademalt
Sc.x;IA,i, SFi(;~ifllT'T'
" 001 HIA (I 39511)
0 862 Black Lung (923)
n B63 DIII\.CIDIWN(~05(~))
1,,1 664 SSID Ti\l~ XVI 0 155.$1 (4OS(ili
FE.,e:RA~ TAX sUITS
o 670 Taxeg (U,S, Plainliff
Dr Dck1ldant)
I '.I !:l71 IRS-Thirr'~ P;'II'ty 26 USC 7609

I

(PLACE AN "X" IN ONE BOX ONLYJ

'l'ransffllTed from

U 0 Original

2 Remov!ld from

3 ~emaf1ded from

0 LJ 4 ~~i1i$taled

another di5\ricl 5 (,...IM

Proceeding

Su-t¢ C¢wrt

Appellate Court

Roo

1'1 400 Stat~ R~appClrllonment
o 41 0 Andlrust
r1 430 B.mh Jlfld 61i111kll'lg:
o 450 Commerce/ICC o 4i:lO Dflport~liI;ln
(J 470 RIlla.:eteO:lr hlflufln...c1'1 8-
COtnipt Org;!niZlllioll)l
U 810 Selective Servit:;:~
o 850 $4r::u lities/Com Iliod ili,,~1
E'(rMI'lI,1~
n 1375 Ct,u;lorner Challenge
1iLlSC3410 U 891 Agricrultural Act.$
n 892 Er,.~omk ~I:rbilizatian JvJ.
1.1 693 Ell'I/If'()M$flIal M:rtIerz
o B94 Energy AIIQl;;oJtiQn Ad
r.l 895 Fn:edDfTl of Information AQ
n gOO '[ftt:~~~~~ Under
EQuitI A00Il99 Ie, ,JU'tl~
o 9SQ constitutionality crt
Stille Statutes
o ago Other S~luIUl'Y AoJiJOoIl))
App~lto
District
"I 7 Judg~ f'Q", C MagIstrate

, CAUSE OF ACTION (Cite the U,S. Civil S~II,l'r;:i lInder"iIIItIleh you oce filing and wriie 1:ori~f statement 01 cause,

.

O¢ flO'! die junsdictlonat statutes unlen qi~!I;ity:)

This is an action under Title VII of the Civil Right' Act of j 964, Hod Tille I of the Civil Right' Act of j 991, 10 correct unlawful employmenl

n'l"i.mliI11~~ nt'l ,lit>: hJ:l~l~ of m(',p

VII. REQUESTED IN COMPLAINT:

,3 U CHECK IFTHIS IS A CLASS ACTION UNDER F,R,CP,

$DEMAND

ed in compl:;;lint:

U ~'&'

No

(See
VIII. RELATED CASE(S) 'n,t,u"'o,,.):
IF ANY

JUDGE

DOCKET NUMBER

DATE

Case 2:05-cv-73719-PDB-WC Document 1 Filed 09/29/2005 Page 7 of 7

PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information: Court: ____~______________________________

Case No.: ______________________

Judge: ____________-,....________

2.

Other than stated above, are there any pending or previously

discontinued or dismissed companion cases in this or any other ~.. Yes

1Kr court, including state court? (Companion cases are matters in whic
it appears substantially similar evidence will be offered or the sam

or related parties are present and the cases arise out of the same

transaction or occurrence.)

If yes, give the following information: Court: _________________________

Case No.: ______~_ _ _ _ _ _ _ _ _ __ Judge: ___________________________

Notes:

...

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.
MICHIGAN SEAMLESS TUBE,
Defendant. ____________________________________/

Case No. 2:05CV73719 Hon. Paul D. Borman Hon. Donald Scheer

ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY AND MOTION TO EXTEND DISCOVERY

Plaintiff’s Motion to Compel Discovery and Motion to Extend Discovery having

been heard on December 12, 2006,

IT IS HEREBY ORDERED that Plaintiff’s Motion is grant ed in part and, within

14 days of the date of this Order:

1. Defendant will provide a compl ete response to Interrogatory No. 16 and

will identify by name, race, date of hire, job title at the time of hire and each job position

held, each person hired by Defendant from October 1, 2002 through September 30, 2005;

2. Defendant will provide a com plete response to Interrogatory No. 20 and

will identify by nam e and race each form er Vision Metals employee hired by Defendant

from December 1, 2002 through September 30, 2005;

3. Defendant will provide a com plete response to Document Request No. 22

and will produce the com plete personnel files, including but not lim ited to the

disciplinary and training records, of each form er Vision Metals em ployee hired by

Defendant through September 30, 2005;

4. Discovery is extended for a period of ninety (90) days to March 31, 2007. No further extensions of discovery will be granted. The court will issue an am ended scheduling order.

Dated: December 26, 2006

s/Donald A. Scheer DONALD A. SCHEER U.S. Magistrate Judge

________________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certif y on Decem ber 26, 2006 that I electronically f iled the f oregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this pape r was mailed to the following non-registered ECF participants on December 26, 2006. None.
s/Michael E. Lang Deputy Clerk to Magistrate Judge Donald A. Scheer (313) 234-5217

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MICHIGAN SEAMLESS TUBE,
Defendant. ______________________________________/

Case No. 2:05CV73719 Hon. Paul D. Borman Hon. Donald Scheer

ORDER ON DEFENDANT’S MOTION TO COMPEL DISCOVERY As Defendant’s Motion to Com pel Discovery was brought on for hearing before the Court on December 12, 2006, and the Court is fully advised of the premises, IT IS HEREBY ORDERED t hat Defendant’s Motion is granted and, within 14 days of the date of this Order: 1. Plaintiff will provide supplem entary answers to Defendant’s interrogatories and identify the identity and location of all persons having knowledge to suppor t Plaintiff’s claims and all salient facts supportive of each of Plaintiff’s claims; 2. Plaintiff will identify each docum ent supportive of Plaintiff’s claim s by batesstamp number; and 3. Plaintiff will provide a calculation of the back pay dam ages Plaintiff is claiming in this case, or the method of calculation.

Dated: December 26, 2006

s/Donald A. Scheer Donald Scheer U.S. Magistrate Judge

CERTIFICATE OF SERVICE
I hereby certi fy on D ecember 26, 2006 that I electronically filed the foregoi ng paper with the Clerk of th e Court sending notification of su ch filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following non-registered ECF participants on December 26, 2006. None.
s/Michael E. Lang Deputy Clerk to Magistrate Judge Donald A. Scheer (313) 234-5217

 
 Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 1 of 12

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MICHIGAN SEAMLESS TUBE,
Defendant.

)

)

)

CASE NO. 2:05-CV-73719

)

)

HONORABLE PAUL D. BORMAN

)

)

)

)

)

CONSENT DECREE This action was commenced by the Equal Employment Opportunity Commission (the “Commission” or “EEOC”), under the authority granted to it under Section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). The Commission’s action was brought to correct alleged unlawful employment practices on the basis of race. The Commission alleged in its Complaint that Defendant Michigan Seamless Tube (“MST”) failed to hire the Charging Parties and others similarly situated because of their race, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C., et seq. The “Charging Parties” are Roderic Boone, Anita Claxton, Robert Shaw, Johnny Farmer, Aaron Laird, Nicklas Maddox, and Doraretha McKee. As a result of settlement discussions, the Commission and MST have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged or which could have

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Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 2 of 12
been alleged in the complaint against MST or in the Charges of Discrimination filed by the Charging Parties.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; and (3) this Consent Decree resolves all matters in controversy between the parties as provided in the paragraphs below.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. MST agrees that it will comply with Title VII and provide equal employment
opportunities to individuals of all races. 2. MST agrees that it will there will be no discrimination or retaliation of any kind
against any person because of opposition to any practice made unlawful under Title VII, because of the filing of a Charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII. 3. MST agrees to actively advertise and recruit African American individuals for employment by, during the term of the Consent Decree, placing advertisements soliciting applications for employment in publications of interest to African Americans, such as the Michigan Chronicle, and in the career placement offices and/or websites of Detroit area trade schools, such as Focus Hope and Wayne County Community College. This list is not exhaustive, and Michigan Seamless will pursue a variety of recruiting sources.
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Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 3 of 12
4. MST agrees to pay monetary relief in the sum total of $500,000.00 to the Charging Parties and similarly situated individuals identified by the Commission in accordance with the terms of this Consent Decree. The total settlement fund of $500,000.00 shall be distributed to the Charging Parties, similarly situated individuals identified by the Commission, or their heirs, assigns in the event of death, on whose behalf the Commission sought relief in its Complaint. More specifically, these individuals include and have been categorized as follows: Group A includes the Charging Parties, as well as Khari Hairston and Kenyetta Hunter, all of whom applied for employment with Defendant during the initial startup period and had been employed with the predecessor company; Group B includes similarly situated African American applicants identified by the Commission who applied for employment with Defendant and were not employed with the predecessor company (Group A and B hereinafter collectively referred to as “Class Members”).
5. The Commission shall have thirty (30) days from the date of approval of this Consent Decree to report to the Court on the proposed distribution of settlement funds, procedures for Class Member notification and a fairness hearing. The Commission will then proceed as follows: a. Within thirty (30) days of the issuance of a Court Order approving or modifying the Commission’s proposal, the Commission with notify each Class Member of the proposed distribution of settlement funds, the requirement of signing a release to receive an award from the settlement fund, the requirement of keeping the Commission informed of any address 3

Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 4 of 12
changes, and procedures for objecting to the proposed distribution. If no objections are filed with the Court, the Court will issue an Order approving the distribution of the settlement fund to Class Members (“Final Order on Distribution”). If objections are filed, the Court will hold a fairness hearing before issuing the Final Order on Distribution. 6. In order to receive the settlement payment, each Class Member shall execute a release in the form attached and made a part hereof as Appendix A. The Commission shall have sixty (60) days from the Final Order on Distribution to obtain executed releases from the Class Members. Any Class Member who fails to timely return an executed release in the form set forth in Appendix A shall waive any claim to relief under the Decree and shall be barred from pursuing any claim raised or which could have been raised in the Commission’s Complaint. If the Commission is unable to obtain an executed release from a Class Member in the time period specified, the Class Member’s share of the settlement fund shall be distributed pursuant to the provision of paragraph 7. Within seventy-five (75) days of the Final Order on Distribution, the Commission shall forward the original executed releases to MST and shall notify MST of the names and addresses of the Class Members who are to receive settlement payments and the amount each is to receive. Within fourteen (14) days of receipt of these documents/information, MST shall make payment by issuing checks in the specified amounts made payable to each identified Class Member and sent by certified mail to such Class Member’s address as provided by the Commission. MST shall mail a copy of each check to the Commission within ten (10) days of
4

Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 5 of 12
mailing and shall mail copies of the signed return receipts to the Commission within thirty (30) days of mailing. The Commission shall notify MST of any change of address received from a Class Member so that its payment records may be adjusted accordingly. In the event that a check is returned to MST as undeliverable, MST will notify the Commission in writing within ten (10) days of receipt of the returned check. The Commission will then attempt to locate the Class Member. In the event that a Class Member fails to notify the Commission of a change of address and cannot be located by the Commission through reasonable means within thirty (30) days, he/she shall forfeit any further payment out of the settlement fund which he/she would have received and his/her remaining share of the settlement fund shall be apportioned as described in paragraph 7. The entire settlement fund of $500,000.00 shall be distributed to the Class Members and no portion shall revert to MST. 7. If the Commission is unable to obtain an executed release from a Class Member or is unable to locate a Class Member in the time period specified, the Class Member’s share of the settlement fund shall be divided equally among the other Class Members who have returned executed releases and shall include such amounts in the total payment figures for each Class Member provided to MST pursuant to paragraph 6. The Commission and MST will take the actions provided for without further action by the Court. 8. MST agrees to train all of its employees, including executive officers, managers, supervisors and human resource personnel involved in the hiring process, on the requirements of Title VII. The training shall have specific emphasis on race
5

Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 6 of 12
discrimination and shall be provided to the above designated employees within six (6) months of entry of this Decree. For any new employees hired in the above described positions after the initial training has been conducted, MST agrees to train those employees at the time of hiring and orientation. MST will report to the EEOC its efforts to train employees under this decree. MST will provide lists to the EEOC indicating the dates of training and names of persons trained. 9. MST agrees that it shall post a copy of the Notice attached as Appendix B. The notice shall be posted for three (3) years from the date the Consent Decree is entered by the Court. Should the posted notice become defaced, marred or otherwise made unreadable, MST agrees to post a readable copy of the notice as soon as practical thereafter. 10. This Consent Decree shall remain in effect for three (3) years from the date it is entered, and the Court shall retain jurisdiction of this action during the duration of this Decree to enforce compliance with the Decree. 11. When any provision of this Decree requires Defendant to submit reports to the EEOC, the reports shall be submitted to: Laurie Young, Regional Attorney, EEOC, Indianapolis District Office, 101 W. Ohio, Suite 1900, Indianapolis, IN 46204. The reporting obligations under this paragraph shall cease after the Defendant submits the report due on or about the third year anniversary of the entry of this decree. 12. The Court shall have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of any party, the Court may schedule a hearing for the purpose of reviewing any party's compliance with this Decree and/or
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ordering appropriate relief to determine whether the parties have complied with the terms of this Decree. Prior to seeking review by the Court, the parties shall engage in a good faith effort to resolve any dispute concerning compliance with the Decree. Any party seeking court review of a matter shall be required to give ten (10) days notice to the other party before moving for such review. 13. Each party shall bear its own court costs and attorney fees. 14. If any provision(s) of this Agreement is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect. 15. The terms of this Decree shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of MST. 16. MST denies the Commission’s and the Class Members’ allegations. This Consent Decree may not be interpreted as an admission of liability by MST. 17. This Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by MST and the Commission.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Laurie A. Young Regional Attorney Deborah M. Barno (P44525) Supervisory Trial Attorney
7

MICHIGAN SEAMLESS TUBE Jaffe, Raitt, Heuer & Weiss, P.C.
/s/Melanie LaFave Melanie T. LaFave (P27777) Nicole R. Foley (P63061)

Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 8 of 12

/s/Trina R. Mengesha Trina R. Mengesha (P59458) Trial Attorney
DETROIT FIELD OFFICE 477 Michigan, Room 865 Detroit, MI 48226 (313) 226-4620
IT IS SO ORDERED:

Attorneys for Defendant 27777 Franklin Road, Suite 2500 Southfield, MI 48034 (248) 351-3000
,

s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE
Dated: June 5, 2007
CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on June 5, 2007.
s/Denise Goodine Case Manager

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Case 2:05-cv-73719-PDB-DAS Document 26 Filed 06/05/2007 Page 10 of 12

APPENDIX A RELEASE

1. I,

, for and in consideration of the sum of

,

to be paid to me by Michigan Seamless Tube (“MST”), do hereby for myself, my heirs,

executors, administrators, assigns and agents release and forever discharge MST, its

predecessors, successors, affiliates and assigns, from any and all claims both judicial

and administrative that I had or may have had, arising out of or relating to the facts

alleged in the complaint filed by the Equal Employment Opportunity Commission (the

“Commission” or “EEOC”) in the case entitled Equal Employment Opportunity

Commission v. Michigan Seamless Tube, Civil Action No. 2:05-CV-73719, in the United

States District Court for the Eastern District of Michigan, Southern Division.

2. I declare that I know and understand the contents of this Release, that I

have executed this Release voluntarily and that this Release is part of the consideration

given by me for settlement of my claim against MST. I understand that after signing this

Release, I cannot proceed against any entity or person mentioned herein on account of

any of the matters referred to in paragraph 1 above.

3. I understand and agree that this Release is given pursuant to the

settlement embodied in the Consent Decree agreed to by the parties and to be entered

by the Court.

SWORN and Subscribed to before me

this

day of

, 2007

NOTARY PUBLIC County, Michigan
My Commission Expires:
10

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APPENDIX B NOTICE TO ALL EMPLOYEES This Notice is being posted as a result of a Consent Decree entered in a lawsuit brought by the EEOC against Michigan Seamless Tube and to inform you of your rights guaranteed by federal law under Title VII of the Civil Rights Act of 1964, 42 U.S. C. § 2000e et seq. ("Title VII"). Title VII prohibits discrimination against any employee on the basis of sex, race, color, religion, or national origin with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or as a result of retaliation for the exercise of protected rights or opposition to unlawful employment practices. The U.S. Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination provisions of Title VII. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. MST supports and will comply with this federal law in all respects. MST will not take any action against any employees because they have exercised their rights under Title VII.

____________________ Dated

____________________________________ MICHIGAN SEAMLESS TUBE

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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-73719-PDB-DAS

CLOSED

Equal Employment Opportunity Commission v. Michigan Seamless Tube Assigned to: Honorable Paul D Borman Referred to: Honorable Donald A Scheer Cause: No cause code entered

Date Filed: 09/29/2005 Date Terminated: 06/05/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Trina R. Mengesha Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: trina.mengesha@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adele Rapport - INACTIVE Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 TERMINATED: 07/12/2007

Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov TERMINATED: 05/26/2006

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V. Defendant Michigan Seamless Tube

represented by Nicole R. Foley Jaffe, Raitt, 27777 Franklin Road Suite 2500 Southfield, MI 48034-8214 248-351-5000 Email: nfoley@jaffelaw.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2005 11/01/2005 02/03/2006
02/07/2006
02/07/2006 03/23/2006
05/26/2006 06/02/2006 06/05/2006 06/26/2006
06/29/2006

# Docket Text
1 COMPLAINT filed by Equal Employment Opportunity Commission against Michigan Seamless Tube.(DPer, ) (Entered: 09/29/2005)
2 ANSWER to Complaint with Affirmative Defenses and Reliance on Jury Demand by Michigan Seamless Tube.(Foley, Nicole) (Entered: 11/01/2005)
3 SCHEDULING ORDER: Dispositive Motion Cut-off set for 8/3/2006 Discovery due by 7/3/2006. Signed by Honorable Paul D Borman. (Refer to image for additional dates)(RMcG, ) (Entered: 02/03/2006)
4 [FILING ERROR: certificate of service docketed on incorrect case]NOTICE of Appearance by Trina R. Mengesha on behalf of Equal Employment Opportunity Commission. (Mengesha, Trina) Modified on 2/8/2006 (DPer, ). (Entered: 02/07/2006)
5 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re: Notice of Appearance. (Mengesha, Trina) (Entered: 02/07/2006)
6 [STRICKEN] CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Rule 26(a)(1) disclosures. (Mengesha, Trina) Modified on 3/23/2006 (SMar, ). (Entered: 03/23/2006)
7 NOTICE of Withdrawal of Attorney Robert K. Dawkins by Equal Employment Opportunity Commission. (Dawkins, Robert) (Entered: 05/26/2006)
8 Defendant's Lay and Expert WITNESS LIST by Michigan Seamless Tube (Foley, Nicole) (Entered: 06/02/2006)
9 WITNESS LIST by Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 06/05/2006)
10 [FILING ERROR: RULE 11 VIOLATION]. STIPULATION to Amend the Scheduling Order by Equal Employment Opportunity Commission.(Mengesha, Trina) Modified on 6/26/2006 (THal, ). (Entered: 06/26/2006)
11 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER Signed by Honorable Paul D Borman. (JPar, ) (Entered: 06/29/2006)

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10/26/2006
10/31/2006 11/08/2006 11/13/2006
11/16/2006 11/17/2006 11/21/2006 11/27/2006 12/01/2006 12/05/2006

12 [FILING ERROR: RULE 18 VIOLATION] MOTION to Compel Discovery and Request for Extension of Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits # 2 Exhibit Plaintiff's Second Set of Interrogatories and Request for Production of Documents# 3 Exhibit Plaintiff's August 31, 2006 letter to Defendant# 4 Exhibit Plaintiff's October 6, 2006 letter to Defendant# 5 Exhibit Defendant's October 11, 2006 letter to Plaintiff# 6 Exhibit Defendant's October 6, 2006 letter to Plalintiff# 7 Exhibit Deposition Transcript of Glenn R. Levar, Pages 85-86, and 108# 8 Exhibit Deposition of David Brukoff, Pages 54-56# 9 Exhibit Deposition Transcript of Leslie Whiter, Pages 39-41# 10 Exhibit Deposition of Paul Maier, Page 91# 11 Document Continuation Certificate of Service)(Mengesha, Trina) Modified on 10/26/2006 (THal, ). (Entered: 10/26/2006)
13 ORDER REFERRING MOTION to Magistrate Judge CAPEL: 12 MOTION to Compel Discovery and Request for Extension of Discovery filed by Equal Employment Opportunity Commission,. Signed by Honorable Paul D Borman. (DGoo, ) (Entered: 10/31/2006)
14 RESPONSE to 12 MOTION to Compel Discovery and Request for Extension of Discovery filed by all defendants. (Attachments: # 1 Exhibit A-EEOC Discovery Responses)(Foley, Nicole) (Entered: 11/08/2006)
15 MOTION to Compel Discovery by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit A-Defendant's First Discovery Requests# 3 Exhibit B-Plaintiff's Initial Responses to Defendant's First Discovery Requests# 4 Exhibit C-October 11, 2006 Letter to Plaintiff's counsel# 5 Exhibit D-Plaintiff's Supplemental Responses to Defendant's First Discovery Requests)(Foley, Nicole) (Entered: 11/13/2006)
16 ORDER REFERRING MOTION to Magistrate Judge CAPEL: 15 MOTION to Compel Discovery filed by Michigan Seamless Tube,. Signed by Honorable Paul D Borman. (DGoo, ) (Entered: 11/16/2006)
17 REPLY to Response re 12 MOTION to Compel Discovery and Request for Extension of Discovery filed by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 11/17/2006)
19 NOTICE to counsel regarding reassignment from Magistrate Judge Wallace Capel to Magistrate Judge Donald A Scheer. (Srour, S.) (Entered: 11/29/2006)
18 RESPONSE to 15 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 11/27/2006)
20 NOTICE of hearing on 15 MOTION to Compel Discovery, 12 MOTION to Compel Discovery and Request for Extension of Discovery. Resolved/Unresolved Issues due by 12/8/2006. Motion Hearing set for 12/12/2006 02:00 PM before Honorable Donald A Scheer. (MLan, ) (Entered: 12/01/2006)
21 REPLY to Response re 15 MOTION to Compel Discovery filed by Michigan Seamless Tube. (LaFave, Melanie) (Entered: 12/05/2006)

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12/12/2006
12/26/2006 12/26/2006 01/31/2007 01/31/2007 02/13/2007 02/15/2007 06/05/2007 06/06/2007 06/29/2007
07/02/2007
07/06/2007 07/12/2007

Minute Entry -Motion Hearing held on 12/12/2006 re 15 MOTION to Compel Discovery filed by Michigan Seamless Tube,, 12 MOTION to Compel Discovery and Request for Extension of Discovery filed by Equal Employment Opportunity Commission, before Honorable Donald A Scheer. Disposition: Motions Granted in Part (Tape #DAS 06-124) (MLan, ) (Entered: 12/13/2006)
22 ORDER granting in part and denying in part 15 Motion to Compel- Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 12/26/2006)
23 ORDER granting in part and denying in part 12 Motion to Compel - Discovery extended to 3/31/07- Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 12/26/2006)
Set Deadlines/Hearings: Dispositive Motion Cut-off set for 1/31/2007 (DGoo, ) (Entered: 01/31/2007)
24 AMENDED SCHEDULING ORDER: Dispositive Motion Cut-off set for 4/30/2007 Discovery due by 3/31/2007. Signed by Honorable Paul D Borman. (Refer to image for additional dates)(DGoo, ) (Entered: 01/31/2007)
25 ORDER REFERRING OTHER MATTERS to Magistrate Judge KOMIVES: SETTLEMENT CONFERENCE. Signed by Honorable Paul D Borman. (DGoo, ) (Entered: 02/13/2007)
Minute Entry -Settlement Conference held on 2/15/2007 before Honorable Paul J Komives. Disposition: case not settled (EBut) (Entered: 02/20/2007)
26 CONSENT DECREE Signed by Honorable Paul D Borman. (DGoo) (Entered: 06/05/2007)
27 Notice of Failure to Comply with ECF Policies and Procedures as to attorney Adele Rapport. (DHam) (Entered: 06/06/2007)
28 [FILING ERROR: MOTION IS MISSING FROM IMAGE AND RULE 18 VIOLATIONS - ATTORNEY WILL REFILE CORRECTLY]. MOTION for Disbursement of Funds Motion for Approval of Distribution by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits List of Document Exhibits# 2 Exhibit Proposed Distribution# 3 Document Continuation Notice of Distribution# 4 Exhibit Order on Settlement Disribution) (Mengesha, Trina) Modified on 7/2/2007 (Hallwood, T.). (Entered: 06/29/2007)
29 MOTION for Disbursement of Funds Corrected Motion for Approval of Distribution by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits List of Document Exhibits# 2 Exhibit Exhibit 1 Proposed Distribution# 3 Exhibit Exhibit 2 Notice of Distribution# 4 Exhibit Exhibit 3 Order of Distribution) (Mengesha, Trina) (Entered: 07/02/2007)
30 Notice of Failure to Comply with ECF Policies and Procedures , for dates 06/29/07 and 07/02/07, as to attorney Adele Rapport. (DHam) Modified on 7/6/2007 (Hamel, D.). (Entered: 07/06/2007)
31 NOTICE of Withdrawal of Attorney Adele Rapport by Equal Employment Opportunity Commission. (Mengesha, Trina) (Entered: 07/12/2007)

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07/12/2007 09/12/2007

32 ORDER granting 29 Motion for Disbursement of Funds. Signed by Honorable Paul D Borman. (DGoo) (Entered: 07/12/2007)
33 FINAL ORDER re 32 Order on Motion for Disbursement of Funds. Signed by Honorable Paul D Borman. (DGoo) (Entered: 09/12/2007)

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