IN THE UNITED STATES DISTRICT COURT ~
FOR THE SOUTHERN DISTRICT OF MISSlSSIP JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Raintiff,

)

)

CIVIL ACTION NO.

)

PRODUCTIVITY IMPROVEMENT

)

CENTER, INC.

)

)

Defendant.

)

)

~ Jury Trial Demand

NATUREOF _THE ACTION

This is an action under Title Vll of the Civil Rights Act of 1964 and Title 1 of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Jane Doe1 who was adversely affected by such prac~ces. As

alleged wilh grealer partlcutarily in paragraphs 7 through 24 below, Jane Doe was sexually

harassed by her supervisor, George Luckett, with whom she worked and from whom she

received instructions.

JURISDICTION AND VENUE

1÷ Junsdiction of this Court ~s invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, 1343 and 1345. This 8crOon is authorized and instiluled pursuant to 706(f)(1)and

(3) of Title VII of the Civil Rights Act of 1964, as amended. 42 U.S.C. § 1981a.

2. The employment practices alteged were committed within the jurisdiction of the United States Distdct Court for the Southern Distdct of Mississippi.

~Because of the nature of the ¢onduct ¢lescrlbed tn 1~I~ CompPatnt, ~e EEOC has e~ ~ ~l=e a
~se~nym ~her than the ~ame of~e Chs~Ing P~y ~ as~ pmte~ her pr~acy. ~ Ju~ 13, 2~, J~ Walker and ~i~n Tasma, a~rnsys ~r PIC, ~ hotbed ~at the Compl~i~ ~ucd ~ filed ~i~ ~ ~nym.

PARTIES 3. Plaintiff, the Equal Employment Oppodu nity Commission (the "Commission’), is I1~ agency of the United States of Amedca charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action 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, Productivity Improvement Center, I nc. (PJC and/or the "Employer"), a Michigan corporation, has continuously been doing business in the Slale o| Mississippi and the City of Canton, and has continuously had at least 15 employees. 5. AI all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) o| Title VII, 42 U.S.C. §§ 200Oe(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jane Doe filed a charge with the Commission alleging violations of Tille VII by Defendant P~C. All conditions precedent to the ~nstitution of this lawsuit have been fulfilled+ 7÷ Since at least May 2004, Defendant PIC has engaged in unlawful employment practices at its Canlon, Mississippi, in violation of Sections 703(aX1 ) and 704(a) of Tille VII, 42 U.S.C. § 2000e-(aX1 ) and 3(a)÷ These p~actices Include subjecting Jane Doe to sexual harassment. 8. The Defendant, through the conduct of George Luckett, Supervisor, subjected Jane Doe to a sexually hostile environment at the Nissan plant in Canton, Mississppi, where some of its employees were assigned to work. Luckett’s aclions

included, bul were nol ~imited to, making sexually offensive mn~rl<s to Jane Doe, asking her to have sex w~h him, raping her an~ forcing her to perform oral sex on him.
9. Defendanl’s sexual harassment poltcy was faciaJly ineffective and was not propedy implemented.
10. After reporling the sexual harassment Io Sharon Gdsette, Luckett’$ supervisor, Jane Doe was told by Grisette that she (Grisette) did not want to beer the claim, She also told Jane Doe lhat if she wanted to keep her job, she would return to wod~ immediately. After reporting the sexual harassment to Grisette, the sexual harassment increased to the point thet Luckett raped Doe o~ the job,
11. Jane Doe reported the unwelcome comments to Luckett*s supervisor but no corrective action was taken.
12. Defendant failec~ to exercise reasonable care to prevent and oorrect promptty the sexually harassing conduct of George LucketL
13. In June 2004, pursuant to Luckett’s instruction, Jane Doe wont to Defendant’s onsite trailer to obtain some documents.
14= Luckett was the only other person at the trailer when Jane Doe arrived. 15. When Jane Doe went into the trailer. Luckett told her to go into a room on the left, presumably to get a form. He followed her in and shut the door behind him. 16. Luckett toid Jane Doe that she knew what she had to do to keep herjob. She asked him whal he rneanl by lhe lhreat and reached for the door. ’~7. Luckelt then grabbed Ms. Jackson around her neck, pulled her clothe~ down while still holding her neck, pushed her over a chair and raped her. He then forced her to get on her knees, put his penis into her mouth and ejaculated in her mouth.

18÷ After L ucketl ra pad Jane Doe, he told her to slraighter~ herself up and then told her that if she said anything that he would ’jump on" her and that he a gun in his car.
19. Jane Doe saw Luckett leave the Nissan facility and went out into the pl~nt. 20. Jane Doe reported what had happened to her to the Lextmn Human Resoume Manager, Michael Gator, who then conlacted Nissan sac~,~riL’y. 21. Nissan Security then contacled the Madison County sheriff’s department who look over the investigation. ¯ 22. Ms Jackson was transported Io lhe policedeparlment and then tothe hospital where she was examined and received rape counseling. 23, As a resutt of having to work under these conditions Jane Doe suffered severe emotional and psychological injuries, requiring psychiatric trealmenL
Jane Doe has been unable Io retum to work as a resc~It of the injudes that she suffered.
25. The effect of the p~actice(s) complained of in paragraphs 7 through 24 above has been Io depdve Jane Doe of equal employment opportunities and otherwise adversely affect her status as employee because of her sex.
26÷ The unlawful employment practices complained of in paragraphs 7 through 24 above were intentional.
_PRAY F_.~EOR RE _LIEF Wherefore, the Commission respectfully requests th~ this Court: A÷ Granl a permanent injunction enjoining Defendant PIC, its officers, successors, assigns, and all persons in active concert or participation wilh it, from engaging in sexual harassment and any other employment practice which discriminates on the basis

B. Order Defendant PIC to institute and carry out policies, practices, and programs which provide equal employment opportunilies for women, and which eredlcat~ the effects of its past and present unlawful employment practices.
C÷ Order Defendant PIC to make whole Jane Doe, by providing appropriate backpay with prejudgment interest, and front pay in amounts to be determined at tdal, and other affirmative relief necessary to eradicale the effects of its unlawful employment practices, including but not limited to reinstatement or front payr
E÷ Order Defendant PIC Io make whole Jane Doe by providing compensation for past and future pecuniary Io~ses resulting from the unlawful employment practices described in paragraphs 7 through 24 above, including, but not limited to, medical expenses, in amount to be determined at trial,
F. Order Defendant P IC to pay Jane Doe punitive damages for its malicious and reckless conduc! described in paragraphs 7 through 24 above, in amounts to be delermined a! trial.
J÷ Grant such fudher relief as the Court deems necessary and proper in the public interest.
K. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jurytdal on all questions of fact raised bylts complaint.
Respectfully submitted, ERIC $. DREIBAND General Counsel

JAMES L. LEE Deputy Generei Counsel GWENDOLYN YOUNG REAMS Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington. D.C÷ 20507
AL Bar# ASB - 6535 - D67P
A52P Senior Tdal Attorney for the Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham Distdct Off’ce Ridge Park Pl~ce 1130 22~ Slreel, South Birmingham, AL 35205 Telephone: (205)212-2050 Fax Number(205) 212-2041 pamela.agee@eeoc~gov

 
 Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PRODUCTIVITY IMPROVEMENT

)

CENTER, INC.,

)

)

Defendant.

)

--------==~==~--------

CIVIL ACTION NUMBER: 3:05W465WHB·AGN

COMPLAINT IN INTERVENTION COMES NOW LATASHA L. JACKSON (previously identified within the context of this action as "Jane Doe," and identified hereinafter as Jackson or Plaintiff) and pursuant to the Federal Rules of Civil Procedure files this, her Complaint in Intervention. Jackson alleges herein, inter alia, that Defendants, or one or both of them (as is appropriate within the context of their actions), violated her civil rights and acted towards her with reckless disregard of same. Jackson also alleges that Defendant subjected her to violations of federal and/or Mississippi law. In support of her Complaint in Intervention and her causes of action set as forth therein,Jackson states as follows:
JURISDICTION AND VENUE 1. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343. Through the application of its supplemental jurisdictional powers, as set forth in 28 U.S.C. § 1367, the Court's jurisdiction also applies to the state law claims which are articUlated herein.

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 2 of 13
2. The civil rights violations and wrongful employment practices alleged herein were committed within the jurisdiction of the United States District Court for the Southern District of Mississippi. Venue is proper in this District under 28 U.S.C. § 1391 (b).
3. Jackson has satisfied all necessary jurisdictional and administrative conditions prior to the commencement of this action, by filing a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC hereinafter), on or about July 29, 2004(photocopy annexed hereto as Exhibit "1").
PARTIES 4. Plaintiff, Latasha L. Jackson, is an adult resident of Madison County, Mississippi. At all times contemplated by the facts and causes of action contemplated herein, she resided at 319 Maris Avenue, Canton, Mississippi, 39046. 5. Defendant Productivity Improvement Center, Inc. ("PIC") is a business entity with more than fifteen employees. It is incorporated under the laws of the State of Michigan and did business in the State of Mississippi (specifically, in the City of Canton) at all times contemplated by the facts and causes of action articulated herein. Service of process may be effected upon PIC in care of CT Corporation Systems, 645 Lakeland Dr. East, Suite 101, Flowood, Mississippi, 39232. 6. This Complaint alleges claims and causes of action in separate counts, irrespective of whether the liability that is alleged is based upon theories of negligence, gross negligence, or intentional torts. All causes of action and theories of recovery are alleged in the altemative to each other, and also in addition to each other.
2

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 3 of 13
FACTS 7. Jackson was employed by PIC prior to June 11, 2004, and at all times which are pertinent to the allegations contained in this Complaint. 8. During her employment with PIC, Jackson was supervised by George Luckett (Luckett), who was also employed by PIC. 9. During the morning hours of June 11, 2004, Luckett required Jackson to accompany inside a trailer which was located at the job site where both worked. 10. At all pertinent times herein, Luckett represented to Jackson, and/or it was reasonable for Jackson to conclude, that she was expected to comply with Luckett's request to accompany him to and inside the trailer, and that same constituted a work-related duty to be performed within the course of and scope of her employment. 11. Luckett was acting in furtherance of PIC's business, and pursuant to authority provided to him by PIC, and within the course and scope of authority granted to him by PIC, when he required Jackson to accompany him to the trailer. At the time of said incident, Luckett represented to Jackson, and/or it was reasonable for Jackson to conclude within the circumstances, that Luckett was acting in furtherance of PIC's business by requiring Jackson to accompany him to and inside the trailer. Indeed, Luckett expressly represented to Jackson that he had requested her to accompany him to and inside the trailer for a business purpose. 12. After Luckett and Jackson entered into the trailer, Luckett proceeded to engage in conduct which unambiguously communicated to Jackson that Luckett expected her to perform sexual acts with and/or upon him in order to secure and protect
3

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 4 of 13
her position of employment; and/or to improve the terms, conditions, benefits, or privileges of her employment; and/or to advance her employment with PIC.
13. Luckett restrained Jackson, against her will, from leaving the trailer. 14. Jackson did not consent to Luckett's advances. Jackson did not engage in any actions or inactions which led or could have led Luckett to reasonably conclude that she consented to any physical or sexual contact whatsoever between herself and Luckett. 15. Jackson was raped, assaulted, humiliated, penetrated violently, and detained forcefully against her will by Luckett, and was forced by Luckett to ingest his bodily fluids. 16. Despite Jackson's pleas for Luckett to stop, she was severely injured, humiliated, and degraded by Luckett. 17. Luckett relied upon the authority granted to him by PIC in order to subject Jackson to unwanted sexual conduct, and his actions were made possible by that authority, as well as by the job requirements, other working conditions, and the errors omissions of other PIC employees. 18. Luckett's actions derived from the authority that was granted to him by PIC; constituted methods and actions for carrying out the objectives of his employment; were incidental to his employment; and were substantially intended to serve the employer and to carry out the employer's business. 19. PIC's representations and policies contemplated that employees were expected to perform according to the direction of supervisors. Thus, it was reasonable for Jackson to believe she was expected to obey and consent to Luckett's directions at
4

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 5 of 13
all times incidental to employment and in furtherance thereof, and at all times during working hours when he was entrusted with the authority he represented.
20. At the time of his physical attack upon Jackson, Luckett acted in furtherance of the employer's business by using his close contact with employees, his right to control and to direct their activities and their whereabouts, and other means of exercising PIC's granted authority, reasonably incidental to employment, among other actions he took in substantial furtherance of the employers business.
21. Luckett and other PIC employees made representations to Jackson regarding employee advancement and job security which indicated to Jackson that Luckett was not only acting to serve the employer, but had been given broad authority to act on behalf of PIC, which he could choose to exercise substantially based on his own decisions.
22. In the alternative and in addition to the above, the willful errors and omissions on the part of PIC created circumstances in which Luckett continued to be entrusted by PIC with unreasonable supervisory authority, despite the fact that PIC knew or should have known of Luckett's previous acts of sexual harassment towards Jackson.
COUNT ONE: TITLE VII-ILLEGAL HARASSMENT AND RETALIATION 23. All paragraphs, specific allegations, and provisions of this Complaint are incorporated into this Count as though expressly set forth. 24. Prior to the institution of this lawsuit, Jackson filed a charge with the Equal Employment Opportunity Commission alleging violations of Title VII by PIC. Thus, all conditions precedent to the Institution of this lawsuit have been fulfilled.
5

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 6 of 13
25. Since at least May 2004, PIC has acted with reckless disregard for Jackson's federally-protected civil rights, by engaging in unlawful employment practices in Canton, Mississippi, in violation of Sections 703(a)(1) and 704(a) of Title VII, 42
U.S.C. § 2000e-(a)(1) and 3(a). These practices include, but are not limited to,
subjecting Jackson to unlawful sexual harassment and unlawful retaliation. 26. PIC, through the conduct of one of its supervisors (Luckett), subjected
Jackson to a sexually hostile environment at its worksite in Canton, Mississippi.
Luckett's actions included, but were not limited to, making sexually offensive remarks to
Jackson, propositioning her to have sex with him, and sodomizing her. 27. PIC's sexual harassment policy was facially ineffective, was not properly
Implemented, and was legally infirm. 28. Jackson had previously reported sexual harassment on the part of
Luckett, which occurred at the worksite and during working hours, to Sharon Grisette (Grissette), Luckett's supervisor. However, Grisette expressly rejected Jackson's efforts to report sexual harassment by Luckett. Grisette also told Jackson that if she wanted to keep her job, she should return to work immediately. After reporting the sexual harassment to Grisette, the sexual harassment increased to the point that Luckett used his supervisory authority to sexually assault Jackson while at the worksite and while on the job.
29. Jackson reported the unwelcome comments to Luckett's supervisor, but no corrective action was taken.
30. PIC owed duties to Jackson to act as a reasonable and prudent business owner, manager, person or entity as to supervision, management, safety, among other
6

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 7 of 13
related duties. PIC breached these duties by failing to exercise reasonable care to prevent and correct promptly the sexually harassing conduct of Luckett.
31. Jackson's working conditions with PIC were so degrading and utterly intolerable as to constitute circumstances within which a reasonable person could not continue to perform her work-related responsibilities and duties.
32. PIC's unlawful employment practices were undertaken and performed with willful and reckless disregard of Jackson's federally-protected civil rights; operated to deprive Jackson of equal employment opportunities; and otherwise adversely affected the terms and conditions of her employment and her status as an employee because of her sex.
33. After Jackson engaged in protected conduct which was intended to notify PIC of Luckett's misconduct, PIC, through its employees Luckett, Grisette, and/or others, retaliated against Jackson in violation of federal law by taking adverse employment actions against Jackson which materially affected the terms and conditions of Jackson's employment with PIC.
34. As a result of the violations of federal and state laws set forth in this Count, Jackson sustained damages as a direct and proximate consequence of the foregoing violations of state and federal law.
COUNT TWO: NEGLIGENT TRAINING, SUPERVISION, AND RETENTION 35. All paragraphs, specific allegations, and provisions of this Complaint are incorporated into this Count as though expressly set forth herein. 36. As a result of PIC's failure to adequately and sufficiently train and supervise its employees (including, but not limited to, Luckett and Grisette), and as a
7

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 8 of 13

result of PIC's retention of its employees (including, but not limited to, Luckett and

Grisette) despite the known or constructively known risks associated with same,

Jackson was subjected to a sexually hostile environment and to sexual misconduct at

PIC's worksite in Canton, Mississippi.

37. As a result of PIC's failure to adequately and sufficiently train and

supervise its employees (including, but not limited to, Luckett and Grlsette), despite the

known or constructively known risks associated with same, PIC acted with reckless

disregard for Jackson's federally-protected civil rights, by engaging in and/or ratifying

unlawful employment practices at its worksite in Canton, Mississippi.

38.

PIC acted with reckless disregard for Jackson's federally-protected civil

rights by failing to take immediate and reasonable steps to terminate Luckett's

harassment of Jackson; and/or by failing to remove Luckett from his position of

supervision over Jackson; and/or by continuing to employ Luckett after Jackson

reported his blatant misconduct to Grisette; and/or by otherwise engaging in and/or

ratifying unlawful employment practices or unlawful conduct at its worksite in Canton,

Mississippi.

39.

As a result of the violations of federal and state laws set forth In this

Count, Jackson sustained damages as a direct and proximate consequence of the

foregoing violations of state and federal law.

RELIEF SOUGHT

As a direct and proximate consequence of the facts described above, Jackson

was injured and damaged as follows:

1. She sustained injuries to her body and mind;

8

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 9 of 13
2. She received and will need to receive treatment which cost and will cost her time and money;
3. She continues to live and exist with great pain and difficulty; 4. She has suffered great pain and suffering and will continue to suffer such
pain and suffering in the future; 5. She has suffered mental anguish and will continue to suffer mental
anguish in the future; 6. She has been caused to incur doctor, hospital, medical and
pharmaceutical expenses in the treatment of her injuries and will be caused to incur such expenses in the future; 7. She is unable to pursue her normal activities and will be unable to pursue his normal activities in the future; 8. She has sustained past, present, and future lost wages; 9. She has sustained past, present, and future loss of wage earning capacity; 10. She has sustained and will sustain a loss of enjoyment of life including but not limited to significant impainnent of her emotional well-being, sexual well-being, emotional functioning, all of which have affected and will affect her deeply. THEREFORE, Jackson respectfully prays the following relief from this Court: (a) A judgment against Defendant for all losses incurred as a proximate and legal result of Defendant's conduct and other breaches of duty, and compensatory damages, lost interest, pre- and post-judgment interest from the date of judicial
9

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 10 of 13
demand, attorney's fees, and costs reasonably and necessarily incurred, in a total amount to be determined at trial.
(b) A judgment against Defendant for damages in an amount to make Jackson whole, insofar as a pecuniary amount can accomplish that purpose, in an amount to be determined at trial.
(c) A judgment against Defendant for punitive damages in an amount sufficient to deter like conduct in the future and to make an example of such deterrence in order to deter others who are similarly situated from like conduct, in an amount to be determined at trial.
(d) That the entire costs of this action be taxed against Defendant. (e) That Jackson receive and be awarded such other and further relief as the Court deems just and proper.
JURY TRIAL DEMAND Jackson requests a jury trial on all questions of fact raised by the Complaint.
Respectfully Submitted, /
~'Zt.1 0(9
~:wnMSB##99126· 120 N. Congress St. # 230 Jackson, MS 39201 601.948.5330 601.948.5415 fax also for the Plaintiff: Winston J. Thompson, III MSB #100157
10

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 11 of 13
OF COUNSEL FOR PLAINTIFF: THE MICHAEL R. BROWN LAW OFFICES, PLLC 120 N. Congress Street Suite 530 Jackson, Mississippi 39201 601.948.5330 phone 601.948.5415 fax email: mikelawms@bellsouth.net THOMPSON AND ASSOCIATES, PLLC 403-A Towne Center Boulevard, Suite 101 P. O. Box 2476 Ridgeland, Mississippi 39158 601.856.3344 phone 601.856.3335 fax email: wthompson@wjtlaw.com
11

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 12 of 13

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing on the following counsel of record by placing same in the United States Mail, properly addressed and first class postage prepaid:

Jeffrey A. Walker, Esq. Butler, Snow, O'Mara, Stevens & Cannada, PLLC (MS Bar No. 6879) Alison L. Tasma (MS Bar No.1 01113) 17th Floor, AmSouth Plaza P. O. Box 22567 Jackson, MS 39225-2567

Wesley Evans, Esq. The Evans Law Group P.O. Box 528 Canton, MS 39056 for Defendant Luckett

EJ Russell

Senior Trial Attorney

US EEOC

Ridge Park Place, Suite 2000

1130 22nd St. South

l' This, the

Birmingham, AL 35205-2881
day Of_-TI/,y;h"-l'-'/J/L,'-"C""_t _____, 2006.

144669.doc

~----
OF COUNSEL

12

Case 3:05-cv-00465-WHB-JCS Document 44 Filed 04/26/2006 Page 13 of 13
EXHIBIT 1

eeoc FOOT\ 5 (&'011
CHARGE OF DISCRIMINATION
Thls forin Is arrOC1(ld ~y uie Privacy Acfcr-lIl74. SDO-e"dC/_~d Pr1va~-AcI sta,lomanl'ond otherjnfolT1\allon herom mmplcllilg_lhIs faml.

Char!j8Presonted To:
0 FEPA
IZ1 EEOC:

Agency(l.sj'Charge No(s):
131-2004"()4B67

---.--.---
Name Fnriicata Mr., 1.1s.. Mf:i.)
Ms. La Tasha Jackson

Sfllle'oricicnl Agonr:'Yi irony

I - - - - - - - - - -1- Home Phone No. (Ind Aroa Caeta)

and EEOC
Date of Birth

Stroel AddI'BS5

Clly,;Staia andZ/P Code

319'Maris Avenue, Canton,MS'3.9046

Named'is the! Employer, Labor Organl:zailbn,_ Employment Agency, ,App'renticeshlp Committee. orStale o'r Local Government Ag"ency That '-BeHave

Discriminated AgaInst" Me or Others. (If inoro than two, list undaiPARnCULARS gafow.)
"lam!!

I I No. EmplGyooll", Ma,!,benl Phona,Nu. (lric:liJdOAre.1l Code)

PRODUCTIVITYIMPROVEMENT'CENTER

15·100

(601jB59'1{i71

Stroot Addrn"

City, SlulQ and ZIP Coda

42.5 N Union Extension, Canton, .MS ·39046
Nama

.1 I No. Empl::l'yf:Il&. t.lambB~ Phono No, (incluri(J Arca CodQ)

SUllut Addtc;G

C1!y1 Sla~ arid ZIP pads

DiSCRIMINATION BASED ON (Chm:Ioapproprials' bOx(es).)

[XI o DRACE DCOlOR
[i] o D. o RETALiATION

SEX AGE

DREUGION dlSABILrTV

NATiONAl ORIGIN
ornER (Spec/~ bffow.)

OATE(S) OISCRIMINA'nON TO'oK P!-pp~

EllrilolOl

·lale;]

06-11-2004

06-11-2004

D .cormNUING ACn~

THE PARTICULARS ARE ·(ff ~ddiIlOlliJ'"p;Jper is nefJde.d. aUach flXlro sh.e~I($)J:

On a continueous basis and as recentas,June 11,2004; I was sexually harassed while on theijcib.

I have not been given a reason for the advance treatment.

Ibelleve I was discriminated against because of my sex (female), and In retaliation for opposing unlawful employment practices under Title VII ofthe Civil Rights Act of 1964, as amended since:

Iwas sUbjected to unwelcome sexual advances by a management official. He also told mathat having a sexualTelationshlp with him was a.term and condition of my employment and advancement at the company.
On June 11, 2004, the sexual harassment escalated to my supervisor sexually assaulting me. After this Incident I have been unable toreturntci work;

and I wBnt this 'cllarge'filed with both tho eeoc and.ihe State or loea! AOancy.lf,ony. I will
advise the agencies if I chango my address-or phona number I will cooperate fully wltli thorn In tho proceS51ng of my ct\B'1JD In ilccon:I;mca wlttrlheJrprccerlul'Bs,

1declare under penalty ofperjurythallhe above Is trtie and CO/T9ci.

o7-1.1?-oi .)]"~,.~(·&i;:J~/'.L ~

OOfo

c~/; p.,rly Signillu/"I

NOrARY - WlUm IlDCOZB'Y(or StaiB and Local Agenq RoqultDmanls
I swear or- affim! that r have read the'above charge and Ihal II·Is true to the best of my knoWledge. fnfotmatJo,n-and belief.
-SIGNATURE OF coMPLAINANT
SUBSCRIBED ANO-SWOAN'TO BEFORE ,.nnliIS'OATE (trIQIIlh, day. year)

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LATASHA JACKSON

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:05CV465-WHB-JCS

PRODUCTIVITY IMPROVEMENT CENTER, INC.

DEFENDANT

ORDER This cause is before the Court upon the Defendant Productivity Improvement Center, Inc.’s [“PIC”] “Urgent and Necessitous Motion for a Protective Order” [#69], filed June 22, 2006. The EEOC’s response [#70], as well as PIC’s reply [#71], were also filed on June 22, 2006. The Court has considered the Defendant’s motion, as well as the other pleadings, and finds that the motion is well advised and should be granted. PIC should not be required to submit to a 30(b)(6) deposition without the benefit of Ms. Harris’s testimony. It would have had the full and complete testimony from the EEOC investigation concerning the facts revealed in the Commission’s investigation before its 30(b)(6) deposition had the EEOC not objected to all of the questioning. The 30(b)(6) should be postponed until the completion of Ms. Harris’s testimony. IT IS, THEREFORE, ORDERED that the Defendant Productivity Improvement Center, Inc.’s [“PIC”] “Urgent and Necessitous Motion for a Protective Order” [#69], filed June 22, 2006, is granted,

and a Protective Order postponing PIC’s deposition until the completion of the Harris deposition is hereby entered.
SO ORDERED, this the 23rd day of June, 2006. S/ James C. Sumner
UNITED STATES MAGISTRATE JUDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LATASHA JACKSON

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:05CV465-WHB-JCS

PRODUCTIVITY IMPROVEMENT CENTER, INC.

DEFENDANT

ORDER This cause is before the Court upon the Defendant Productivity Improvement Center, Inc.’s [“PIC”] Motion to Compel EEOC Deposition Testimony [#38], and the EEOC’s objection thereto. The Court has considered the motion, the response, the reply, the memorandum, and the applicable law, and finds that the motion is well advised and should be granted. One of PIC’s employees, Latasha Jackson, alleges that she was sexually assaulted by another employee. She filed a discrimination charge against PIC with the EEOC. After investigation, the EEOC filed this lawsuit against PIC, and Ms. Jackson has joined in the lawsuit as a Plaintiff. The Defendant PIC noticed the deposition of Cheryl Harris, an EEOC employee who investigated the charges against PIC. At the deposition, counsel lodged a “deliberative process” privilege objection to nearly every question asked of Ms. Harris by defense counsel. PIC filed this motion to compel Ms. Harris’s testimony, contending that the questions asked requested only factual information, and that the deliberative process privilege does not apply to facts.

In its Response, the EEOC tacitly concedes that many of the questions asked of Ms. Harris were proper. The exhibit attached to the Response, containing a partial transcript of the testimony, has some portions underlined and some portions not underlined. We are assuming that the portions which are underlined contain the disputed questions, although it is not entirely clear from the pleadings.
The Court has reviewed the transcript of the deposition and notes that the EEOC objected to nearly every question during the deposition and now still objects to numerous other questions. It contends that the responses would be irrelevant, or would be protected by the attorney work product doctrine, and/or are protected by the deliberative process privilege. This privilege protects documents or other communications that are predecisional and deliberative, prepared to “assist an agency decision maker in arriving at his decision.” Renegotiation Board v. Grumman Aircraft Eng’g Corp., 421 U.S. 168, 184 (1975). This privilege does not protect purely factual or objective material. EPA v. Mink, 410 U.S. 73, 87-89 (1973); Branch v. Phillips Petroleum Co., 638 F.2d 873, 881 (5th Cir. 1981).
The EEOC contends that the factual statements elicited from the questioning are “inextricably intertwined” with the privileged opinions and recommendations. Therefore, disclosure would compromise the confidentiality of the deliberative information, and the information should be protected, even if
2

factual in nature. Hopkins v. United States Dep’t of Housing & Urban Dev., 929 F.2d 81, 85 (2nd Cir. 1991).
The Court finds that the information is certainly relevant to PIC’s defense, or may lead to the discovery of admissible evidence. It is not protected by the work product doctrine as it was not prepared in anticipation of litigation by an attorney and does not reveal an attorney’s mental impressions or thought processes. The Court also finds that the information sought is not so intertwined with the deliberative decisionmaking of the EEOC so as to render it privileged.
Most of the questions objected to specifically ask for merely facts, for example, “[w]hat facts did you gather during your investigation – what information did you gather as to the number of times that Ms. Jackson claims Mr. Luckett penetrated her body?” Deposition, p. 50. Because Ms. Harris was not allowed to respond to the questions, the Court does not actually know what the responsive answer would be. However, it is known that the EEOC’s investigation lead to these charges; that conclusion and the charges are not confidential. The Plaintiff is entitled to discover the facts on which the charges are based.
The case law reviewed by the Court regarding this privilege almost always relates to whether documents were protected, not deposition testimony, the substance of which is unknown. The Court was not advised as to whether any documents would be discovered in connection with the testimony. Apparently, the
3

production of documents is not in dispute, and it appears that affidavits of witnesses are the only documents referred to in the questioning.
It is the EEOC’s burden to establish that the information requested is privileged. Hopkins v. United States Dep’t of Housing and Urban Dev., 929 F.2d 81, 86 (2nd Cir. 1991). The Court finds that the EEOC has failed to meet its burden of establishing that it properly withheld Ms. Harris’s testimony. Most courts have held that the deliberative process privilege should be narrowly construed. Redland Soccer Club, Inc. v. Dept. of the Army, 55 F.3d 827, 853 (3rd Cir. 1995). We agree. The EEOC is affirmatively seeking judicial relief in this case, and an ordinary plaintiff would certainly have to respond to the questioning. Therefore, in the interest of fairness and justice, the Court finds that the privilege should be utilized only when the information sought is clearly proven to be a part of the deliberative, decisionmaking process.
The information sought here is merely part of the factual investigation undertaken by the EEOC; it is not so intertwined with the deliberative process so as to render it privileged. The Defendant is certainly entitled to know all the facts which gave rise to this lawsuit against it, even if such facts were gathered by the EEOC.
The Court finds that the EEOC’s failure to allow the Defendant a meaningful deposition was egregious and unreasonable,
4

and that the Defendant should be awarded as sanctions at least a portion of its court reporter fees and costs of the deposition, as well as attorneys’ fees incurred in participating in the deposition and in filing this motion.
IT IS, THEREFORE, ORDERED that the Defendant Productivity Improvement Center, Inc.’s [“PIC”] Motion to Compel EEOC Deposition Testimony [#38], is granted.
IT IS FURTHER ORDERED that the Defendant’s request for sanctions and costs is granted and the Plaintiff’s request for sanctions and costs is denied. The Defendant shall prepare and submit to the Court a statement of its costs and attorneys’ fees incurred in the deposition of Ms. Harris, and an Order awarding at least a portion of same shall be entered.
SO ORDERED, this the 19th day of June, 2006.
S/ James C. Sumner UNITED STATES MAGISTRATE JUDGE
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LATASHA JACKSON

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:05CV465-WHB-JCS

PRODUCTIVITY IMPROVEMENT CENTER, INC.

DEFENDANT

ORDER This cause is before the Court upon the Plaintiff’s Motion for a Protective Order Respecting Rule 35 Examination [#68], filed June 21, 2006, the Defendant PIC’s response, and PIC’s Motion for Emergency Consideration of EEOC’s Motion for a Protective Order and to Shorten EEOC’s Reply Time [#76], filed June 23, 2006. The Defendant PIC filed a motion to compel a Rule 35 psychiatric examination on May 22, 2006. The Plaintiffs did not file a response to the motion, or otherwise object to the relief requested, and the Court granted the motion as confessed on June 15, 2006. Subsequently, the Plaintiff filed the instant motion seeking to limit the area of inquiry that can be made by Dr. Mark Webb to the Plaintiff Jackson at the examination. PIC contends that the Plaintiffs have waived any objections to the Rule 35 examination. The Plaintiffs have not filed a reply at this time, but the Rule 35 exam is scheduled for Thursday, June 29, 2006, and a ruling must be made in order that this case may proceed without further delay.

The Court finds that the Plaintiffs have waived any limitations regarding the Rule 35 psychiatric examination to be conducted by Dr. Webb. Any objection or request for a protective order should have been asserted in response to the Defendant’s motion for a Rule 35 examination. Even had the waiver not occurred, the Court would be hesitant to limit Dr. Webb as to what information he considers necessary in formulating his medical opinion regarding Ms. Jackson’s psychological condition and/or damages. It is likely that Dr. Webb will consider only prior incidences of sexual abuse and trauma as relevant to his medical report. He will certainly not interrogate Ms. Jackson for harassment or other malevolent purposes, and his actual examination will be conducted in private with her. The Court assumes that only his final medical report will be produced, and not a transcript of his interview with Ms. Jackson. Any history he acquires that is not relevant to Ms. Jackson’s current psychological condition should not be reported. The Court also notes that this is not a deposition, nor will Ms. Jackson’s statements necessarily be admissible at trial.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for a Protective Order Respecting Rule 35 Examination [#68], filed June 21, 2006, is denied, and the Defendant PIC’s Motion for Emergency Consideration of EEOC’s Motion for a Protective Order and to Shorten EEOC’s Reply Time [#76], filed June 23, 2006, is granted.
2

SO ORDERED, this the 28th day of June, 2006. S/ James C. Sumner
UNITED STATES MAGISTRATE JUDGE
3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

VS.

CIVIL ACTION NO. 3:05CV465-WHB-JCS

PRODUCTIVITY IMPROVEMENT CENTER, INC.

DEFENDANT

ORDER This cause is before the Court upon the Motion to Quash Subpoena filed on July 21, 2006, by George Luckett, a non-party. There has been no objection to the relief requested, and the Court finds that the motion is meritorious and is HEREBY GRANTED. Also before the Court is the Joint Motion by All Parties for Extension of Discovery and Motion Deadline, docket entry 106, filed August 21, 2006. The Court finds that good cause exists for the extension of the discovery and motion deadlines, and the motion is HEREBY GRANTED. IT IS, THEREFORE, ORDERED that the discovery deadline in this case is extended until October 2, 2006, and the dispositive motion deadline is extended until October 9, 2006. SO ORDERED, this the 25th day of August, 2006.

S/ James C. Sumner UNITED STATES MAGISTRATE JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

&

)

LATASHA JACKSON,

)

Plaintiff Intervenor

)

)

v.

)

)

PRODUCTIVITY IMPROVEMENT CENTER, )

Inc.,

)

)

Defendant.

)

_________________________________________ )

CIVIL ACTION NO. 3:05-cv-465-WHB-JCS

CONSENT DECREE

GENERAL PROVISIONS

The Equal Employment Opportunity Commission ("EEOC" or "Commission") filed this

action in this Court against Productivity Improvement Center, Inc., ("PIC"or " Defendant") on

July 28, 2005, to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.

(Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §1981a. In the Complaint, the

Commission alleged that Defendant, PIC, discriminated against Latasha Jackson when it

subjected her to a hostile work environment based on her sex at its Canton, Mississippi location.

EEOC further alleged that PIC, through the conduct of Latasha Jackson’s Supervisor, George

Luckett, made sexually offensive remarks to Latasha Jackson, asked her to have sex with him,

raped her and forced her to perform oral sex on him. Latasha Jackson has intervened in this

matter and has pled separate state claims.

Defendant denies all allegations of unlawful or wrongful conduct raised in the complaint filed by the EEOC and Jackson, and nothing stated in this Decree constitutes an admission of liability or wrongdoing on the part of PIC, its owners, officers, employees, agents, insurers or affiliated entities.
The parties agree that the Court has jurisdiction over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. Venue is appropriate in the Southern District of Mississippi (Jackson Division). The parties agree that this Consent Decree is fair, reasonable, and does not violate the law or public policy. The rights of Latasha Jackson, PIC, and the Commission, are adequately protected by this Decree. Any subsequent application by any party for contempt or modification of this Consent Decree shall be made by motion to the Court on no less than thirty (30) days notice to the other party.
In the interest of resolving this matter, and avoiding the uncertainty and expense of further litigation, and as a result of having engaged in comprehensive settlement negotiations, the Commission and PIC have agreed that this action should be finally compromised and resolved by entry of this Consent Decree.
It is ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims arising out of the issues between the Commission and Defendant PIC in this lawsuit including, without limitation, back pay, compensatory and punitive damages, injunctive relief, costs, and attorneys’ fees. This decree is limited in its scope to matters covered explicitly herein and in particular only PIC employees and facilities in the State of Mississippi. This Decree expires when PIC has provided the relief and taken the action provided for herein, or as provided under Paragraph 15 of this Decree, whichever is later.

2. Defendant and its officers, agents, employees, successors, and assigns, both at the time that this Decree becomes effective and for the duration of this Decree, agree to comply with Federal law and acknowledge that it is unlawful to: (a) discriminate against any employee on the basis of sex; (b) harass any employee based on sex; and (c) retaliate against any employee because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or assists, assisted, participates, or participated in the filing of a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under the federal laws prohibiting discrimination or retaliation; and (d) alter the terms and conditions of any employee’s employment because of sex or complaints of sexual harassment.
MONETARY RELIEF 3. PIC shall pay, by check or money order, the total amount of $285,000.00, plus an additional amount for a Workers’ Compensation Claim, within ten (10) days from the date of the entry of this Decree, to Latasha Jackson and PIC will not condition the receipt of individual relief on Latasha Jackson’s agreement to (a) maintain as confidential the terms of this Decree, or (b) waive her statutory rights to file a charge with any federal or state anti-discrimination agency. PIC will issue applicable United States Internal Revenue Service Forms to Latasha Jackson for all such payments on or before January 31, 2007. The parties agree that all payments made to Jackson pursuant to this decree are made either as compensation for emotional distress or as benefits under the Mississippi Workers’ Compensation Act and not as backwages. 4. The payment provided for in paragraph 3 of this Decree shall be mailed directly by PIC or its attorneys to Latasha Jackson’s attorney, Michael Brown, at his usual business address. Within three (3) business days of the issuance of the check, PIC shall submit a copy of the check and

transmittal correspondence to the United States Equal Employment Opportunity Commission, Regional Attorney, Birmingham District Office, 1130 22nd Street South, Suite 2000, Birmingham, Alabama, 35226-2886.
OTHER RELIEF 5. Defendant currently has no functioning facility in the State of Mississippi. Nevertheless, Defendant will develop and carry out policies, practices, and training for any employees assigned to work in Mississippi during the pendency of this Decree. If, during the pendency of this Decree, new PIC facilities are established in Mississippi or existing PIC facilities are reopened in Mississippi, then the aforementioned policies, practices and training shall be required for all employees of that PIC facility. 6. PIC shall use its best efforts to ensure that employees (including temporary employees) are not subjected to any sexually explicit or implicit offensive derogatory jokes, or other language or comments of a sexual nature, or music, images, photographs, pictures, drawings, cartoons and/or graffiti, gestures, performances and/or demonstrations of a sexual nature by any manager, supervisor or other employee. Such best efforts shall include, but not be limited to, strictly enforcing anti-harassment measures implemented by PIC pursuant to this Consent Decree. The policies, practices, and training implemented by PIC shall be of a kind and quality to assure a work environment free from sex discrimination, sexual harassment and retaliation, shall allow employees to raise concerns or complaints, without retaliation, about matters, whether alleged, perceived or actual, made unlawful by Title VII, and shall guide, direct and encourage employees to report incidents of sex based discrimination and harassment.

7. Defendant will develop and adopt policies that include, at a minimum: a. A clear and strong commitment to a workplace free of sex discrimination,
harassment and retaliation; b. A clear and strong message of encouragement to persons who believe they have
been discriminated against to come forward; c. A description of the consequences, up to and including termination, which will be
imposed upon violators of the policy; d. An assurance of non-retaliation for persons who believe they have been
discriminated against and for witnesses who believe they witness discrimination; e. That discrimination on the basis of sex by anyone, including management
officials, supervisors, vendors, suppliers, third parties and customers, is prohibited and will not be tolerated;
f. Assurances that Defendant will investigate allegations of sex discrimination, harassment and retaliation promptly, fairly, reasonably, effectively and as confidentially as possible under the circumstances, by appropriate investigators and that appropriate corrective action and appropriate follow-up will be taken by Defendant to make victims whole and to eradicate the discrimination;
g. That information will be provided each employee regarding the employee’s right to file a charge of discrimination with the EEOC, including contact telephone numbers, TDY/TDD and addresses for the EEOC. 8. Within sixty (60) days following assignment of any employee to perform work duties in the State of Mississippi, Defendant will provide training to the Mississippi assigned employee as described below. The training Defendant provides at its Mississippi facilities or to its

Mississippi assigned employees shall explain:(1) what constitutes sex discrimination, retaliation, and harassment; (2) that Title VII prohibits this misconduct; (3) how to prevent this misconduct; (4) to whom employees may complain if they feel they have been subjected to this misconduct; and (5) that managers will be evaluated on their enforcement of PIC anti-discrimination policies. This training will also include an explanation of PIC policies regarding sex discrimination, harassment and retaliation; the importance of maintaining an environment free from sex discrimination and harassment; and the discipline that may be taken against other employees and the managers or supervisors who are found to have allowed the discrimination, harassment or retaliation to occur. Pursuant to this Decree, PIC will also conduct the same or similar training at intervals of approximately twelve (12) months during the pendency of this Decree at any new or reopened PIC Mississippi facilities.
a. When conducted, the annual training session shall be at least two (2) hours in length, plus an additional thirty (30) minutes for questions and answers. Defendant’s Mississippi management staff, including all managers who may investigate employee complaints, shall attend the annual training session together with all hourly and salaried employees. The employees who are unable to attend the annual training session may watch a videotape of it.
b. Employees shall sign a registry when they attend the annual training session or watch the videotape of the annual training session. Defendant shall keep, for the duration of the Decree, this written record of all employees who attended the annual training session or watch it on videotape. PIC agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided by PIC to the participants of the training sessions. Acceptance or review of these materials by EEOC shall not constitute approval of any of said materials, but will be retained for compliance purposes.

c. PIC shall provide to the EEOC in writing within five (5) business day before the training sessions begin, a listing by payroll number of all current employees at the location, including management, union and temporary employees as of the date of the training. After the training sessions have occurred, PIC shall certify to the EEOC in writing that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the training sessions; and (ii) a copy of the registry of attendance, which shall include the payroll number of each person in attendance. 9. In the event PIC facilities are reopened in Mississippi or new PIC facilities are established in Mississippi, while this Decree is pending, PIC will immediately post its then current EEO policies in a prominent location, frequented by employees, at each of Defendant’s facilities in Mississippi. These policies shall also be distributed to each current employee within thirty (30) days of posting and distributed to all new employees when hired. Employees assigned temporarily or permanently to work in the State of Mississippi shall be immediately provided a copy of the current policies upon assignment. 10. Defendant shall promptly and appropriately investigate all complaints of sex discrimination, harassment or retaliation made by Mississippi assigned or stationed employees. The investigation must include a finding of whether discrimination occurred; a credibility assessment; interviews of all potential victims and witnesses identified; and concurrent notes of the investigation. Defendant shall take immediate appropriate corrective action to make discrimination victims whole, to discipline violators, and to eradicate the discrimination. Defendant, if corrective action was required as a result of the investigation, shall follow up with complainants at appropriate intervals to ensure that the harassment, discrimination and retaliation do not reoccur. Defendant shall provide notice to EEOC of the resolutions of complaints of sex

discrimination, harassment or retaliation during the pendency of this Decree. That notice shall describe the investigation and the resolution and shall be provided within six (6) months of the initial complaint. 11. Defendant, PIC, SHALL NOT divulge, directly or indirectly, to any employer or potential employer of Latasha Jackson, any of the facts or circumstances related to the charge of discrimination against Defendant PIC, or any of the events relating to Latasha Jackson’s participation in the litigation of this matter.
NOTICE 12. In the event PIC facilities are reopened in Mississippi or new facilities are established in Mississippi, while this Decree is pending, Defendant will post the Notice attached as Attachment A at each of Defendant’s facilities in Mississippi. The Notice will be posted in a highly visible location frequented by employees, for a period of at least one year. The Notice shall be posted in both English and in Spanish, and shall be the same type, size, and style as Attachment A. 13. PIC shall provide a copy of the Notice, and an indication of the date(s) and location(s) of its posting, to the Regional Attorney, EEOC’s Birmingham District Office within ten (10) days of the posting. PIC shall permit a representative of the EEOC to enter PIC’s premises at any location in Mississippi for purposes of verifying compliance with this paragraph at any time during normal business hours with, one day prior notice. PIC shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Should the posted copies become defaced, removed, marred, or otherwise illegible, Defendant agrees to re-post promptly a legible copy in the same manner as heretofore specified. 14. The EEOC and PIC shall bear their own attorneys’ fees and costs incurred in this action up to the date of entry of this Decree, including any such assessment of fees or costs made as a part of disputes respecting discovery during the course of this litigation.

FORCE AND EFFECT 15. The duration of this Decree shall be twenty-four (24) months from its entry. This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that defendant has not complied with this Decree, appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance, may be ordered. Absent extension, this Decree shall expire by its own terms at the end of twenty-four (24) months from the date of entry, without further action by the Parties. 16. The parties agree to the entry of this Decree subject to final approval by the Court. SO ORDERED this the 1st day of December, 2006.

s/ William H. Barbour, Jr. UNITED STATES DISTRICT JUDGE

APPROVED AND CONSENTED TO BY:

/s/ Al Duffy Al Duffy Authorized Corporate Officer Productivity Improvement Center, Inc.

/s/ Jeffrey A. Walker /s/ Alison Tasma Vance ATTORNEY FOR DEFENDANT JEFFREY A. WALKER (MS #6879) ALISON TASMA VANCE (MS #101113) Butler, Snow, O’Mara, Stevens & Cannada, PLLC 210 East Capitol Street Jackson, MS 39201 (601) 948-5711

/s/ LaTasha Jackson LaTasha Jackson Plaintiff Intervenor

/s/ Michael Brown ATTORNEY FOR PLAINTIFF INTERVENOR MICHAEL BROWN Michael R. Brown Law Offices 120 N. Congress Street, Suite 530 Jackson, MS 39201 (601) 948-5330

ATTORNEYS FOR PLAINTIFF EEOC:
/s/ C. Emanuel Smith
C. EMANUEL SMITH (MS # 7473) Regional Attorney
/s/ Julie Lee JULIE LEE (DC #433292) Supervisory Trial Attorney
/s/ Ermea J. Russell ERMEA J. RUSSELL (MS # 5739) Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office 1130 22nd Street South, Suite 2000 Birmingham, AL 35226-2886 Telephone: (205) 212-2062

ATTACHMENT A
NOTICE TO ALL PIC EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. PIC Corporation, Civil Action Number: 3:05-465-WHB-JCS, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") and a Plaintiff Intervenor against PIC Corporation, ("PIC").
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq., as amended, ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion, or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC and a Plaintiff Intervenor alleged that PIC fostered or tolerated a working environment at its Canton, Mississippi location that was hostile to female employees, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). PIC denied these allegations.
To resolve the case, PIC, the EEOC, and the Plaintiff Intervenor have entered into a Consent Decree which provided, among other things, that: (1) PIC will not discriminate on the basis of sex in the future and will promptly and remove from its locations any sexually explicit, sexually offensive or sexually derogatory images, photographs, pictures, drawings, cartoons and/or graffiti if it should appear; (2) PIC will not retaliate against any person because she or he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) PIC will train all employees regarding sexual harassment and PIC’s policy prohibiting sexual harassment.
If you believe you have been discriminated against, you may contact the EEOC at (205) 212-2100. The EEOC charges no fees and has employees who speak languages other than English.
This Notice must remain posted for one full year from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC Birmingham District Office, Ridge Park Place, Suite 2000, 1130 22nd Street South, Birmingham, Alabama 35226.
____________________________________ FOR: Productivity Improvement Center, Inc.
DATE: _______________

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

VS.

CIVIL ACTION NO. 3:05-CV-465WHB-JCS

LATASHA JACKSON

PLAINTIFF/INTERVENOR

VS.

PRODUCTIVITY IMPROVEMENT CENTER, INC.

DEFENDANT

ORDER OF DISMISSAL

All parties having agreed to and announced to the Court a

settlement of this case, and the Court being desirous that this

matter be finally closed on its docket,

IT IS ORDERED that this case is hereby dismissed with prejudice

to all parties. If any party fails to consummate this settlement

within twenty (20) days, any aggrieved party may reopen the case

for enforcement of the settlement within ten (10) days, and if

successful, all additional attorneys' fees and costs from this date

shall be awarded such aggrieved party or parties against the party

failing to consummate the agreement.

IT IS FURTHER ORDERED that an Agreed Order of Dismissal

executed by the parties be provided to the Court no later than

December 31, 2006.

The Court expressly retains jurisdiction of this action for the duration of the Consent Decree entered on December 1, 2006, in order to oversee the consummation of this settlement and enforce the terms of the Consent Decree.
SO ORDERED this the 14th day of December, 2006. s/William H. Barbour, Jr. UNITED STATES DISTRICT JUDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LATASHA JACKSON

Plaintiffs

vs.

CIVIL ACTION NO. 3:05CV465WHB-LRA

PRODUCTIVITY IMPROVEMENT CENTER, INC.
Defendant

ORDER OF DISMISSAL WITH PREJUDICE This cause is before the Court pursuant to a Stipulation of Dismissal filed by all parties requesting entry of an order of dismissal with prejudice of Latasha Jackson’s claims against PIC in the above captioned lawsuit. The Court, having considered the stipulation, finds that Latasha Jackson and PIC have reached a compromise and settlement of this cause, so that there remain no issues to be tried or determined by this Court. The Court, being otherwise fully advised in the premises, is of the opinion, and so finds, that the stipulation should be received by the Court and that all of Latasha Jackson’s claims against PIC the above-captioned action should be dismissed, with prejudice, and that each party shall bear its own costs of litigation and attorneys’ fees. IT IS, THEREFORE, ORDERED AND ADJUDGED that all claims asserted by Latasha Jackson against Productivity Improvement Center, Inc., in the above captioned lawsuit herein be, and the same are hereby, dismissed with prejudice, with each party to bear its own costs and attorneys'fees; provided, however, that the Court retains jurisdiction to enforce the "Settlement Agreement and Full and Final General Release" entered into by the Latasha Jackson

and Productivity Improvement Center, Inc.
SO ORDERED AND ADJUDGED, this the 18th day of December, 2006.
s/William H. Barbour, Jr. UNITED STATES DISTRICT COURT JUDGE
APPROVED AND AGREED:
_/s/ Alison Tasma Vance_________________ Jeffrey A. Walker (MB # 6879) Alison Tasma Vance (MB # 101113) Atorneys for Productivity Improvement Center, Inc. Butler, Snow, O’Mara, Stevens & Cannada, PLLC Post Office Box 22567 Jackson, MS 39225-2567 (601) 948-5700 – telephone (601) 985-4500 – facsimile
/s/ Latasha Jackson ___________________ Latasha Jackson
_/s/ Michael R. Brown__________________ Michael R. Brown (MB # 99126) Attorney for Plaintiff Latasha Jackson
_/s/ Winston J. Thompson________________ Winston J. Thompson Attorney for Plaintiff Latasha Jackson
/s/ Ermea J. Russell___________________ Ermea J. Russell (MB # 5739) Attorney for Equal Employment Opportunity Commission

 
 E.E.O.C. v. Productivity Improvement Center, Inc., Not Reported in F.Supp.2d (2006)

2006 WL 1050516 Only the Westlaw citation is currently available.
United States District Court, S.D. Mississippi, Jackson Division.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Plaintiff v.
PRODUCTIVITY IMPROVEMENT CENTER, INC. Defendant
No. CIVA305CV465WHBJCS. | April 20, 2006.
Attorneys and Law Firms
David J. Middlebrooks, Lehr, Middlebrooks, Price & Vreeland, PC, Birmingham, AL, Ermea J. Russell, Equal Employment Opportunity Commission, Jackson, MS, James L. Lee, Gwendolyn Young Reams, Equal Employment Opportunity Commission, Washington, DC, C. Emanuel Smith, Smith/Cotton, Attorneys, Jackson, MS, Charles E. Guerrier, Mildred Byrd, Naomi Hilton Archer, Pamela K. Agee, Prisca M. Deleonardo, Equal Employment Opportunity Commission, Birmingham, AL, Stephen A. Brandon, McGlinchey Stafford, Jackson, MS, for Plaintiff.
Alison L. Tasma, Jeffrey A. Walker, Butler, Snow, O’Mara, Stevens & Cannada, Jackson, MS, for Defendant.
Opinion
OPINION AND ORDER
BARBOUR, J.
*1 This cause is before the Court on the following Motions:
1) the Appeal of Magistrate Judge’s Ruling Granting Jackson’s Motion to Intervene filed by Defendant Productivity Improvement Center, Inc. (hereinafter “PIC”); and
2) the Motion of Plaintiff / Intervenor Latasha Jackson for Entry of Default.
Having considered the Appeal and Motion, the Responses and the Rebuttals, as well as supporting and opposing authority, the Court finds that both the Appeal and the Motion should be denied.

This case involves alleged sexual harassment and sexual assault suffered by Jackson at the hands of a co-worker while on the job at PIC. Plaintiff Equal Employment Opportunity Commission filed the subject suit in this Court on July 28, 2005. Previously, on August 23, 2004, Jackson filed suit against PIC and George Luckett, the alleged assailant, in the Circuit Court of Yazoo County, Mississippi. That suit is still pending, although venue was changed to the Circuit Court of Madison County, Mississippi. Both the subject suit and the state court suit are based on the same alleged incident.
On January 3, 2006, Jackson filed a Motion to Intervene as a Plaintiff in this suit. Through an Order rendered by Magistrate Judge Alfred G. Nicols on February 2, 2006 (hereinafter “February 2 Order”) under docket entry no. 14, Jackson’s Motion to Intervene was granted. The Order stated the Clerk of the Court “is directed to accept and file [Jackson’s] Complaint in Intervention.” February 2 Order, p. 2. However, to date the Complaint in Intervention has not been officially filed in this case. Apparently, Jackson believed that the direction to the Clerk of the Court contained in the February 2 Order meant for the Clerk to file the proposed Complaint in Intervention attached as Exhibit “B” to the Motion to Intervene as her actual Complaint in Intervention, and PIC must have assumed the same since PIC filed an Answer to the Complaint in Intervention on February 28, 2006.
Aggrieved by Judge Nicols findings in the February 2 Order, PIC filed the subject Appeal of Magistrate Judge’s Ruling on February 15, 2006. On February 28, 2006, Jackson filed the subject Motion for Entry of Default against PIC. Both of these Motions are now ripe for consideration by the Court.
First considered is the Appeal of Magistrate Judge’s Ruling. Under Federal Rule of Civil Procedure 72(a), a district judge has the authority to review a magistrate judge’s order. Upon the filing of an objection to the magistrate judge’s order, the district judge must review the order de novo. Koetting v. Thompson, 995 F.2d 37, 40 (5th Cir.1993) (citation omitted); 28 U.S.C. § 636(b). If the contents of the order are found to be clearly erroneous or contrary to the law, the order may be modified or set aside. Fed.R.Civ.P. 72(a).
After reviewing all relevant data, the Court finds that the conclusions reached by Judge Nicols in February 2 Order were neither clearly erroneous nor contrary to the law. Therefore, the Appeal filed by PIC must be denied.
*2 Regarding the Motion for Entry of Default, Jackson contends that she is entitled to a Default Judgment against PIC because it did not file an Answer to her Complaint in Intervention within twenty days after Judge Nicols
1

E.E.O.C. v. Productivity Improvement Center, Inc., Not Reported in F.Supp.2d (2006)

entered the February 2 Order. This argument is based on the language from the February 2 Order cited above, in which Judge Nicols directed the Clerk of the Court to “accept and file her Complaint in Intervention.” Notwithstanding this direction by Judge Nicols, which this Court agrees is ambiguous, the ultimate responsibility was and is on Jackson to ensure the proper filing of her Complaint in Intervention. Without a proper filing of that pleading, PIC cannot be found in default for failing to file an Answer within twenty days after Judge Nicols’ February 2 Order. Because the Complaint in Intervention has not been properly filed with the Clerk, the Motion for Entry of Default must be denied.
In order to move this case on the docket, Jackson is directed to file her Complaint in Intervention by April 27, 2006.
Based on the holdings presented above:
IT IS THEREFORE ORDERED that the Appeal of

Magistrate Judge’s Ruling Granting Jackson’s Motion to Intervene filed by Defendant Productivity Improvement Center, Inc. (docket entry no. 18) is hereby denied.
IT IS FURTHER ORDERED that the Motion of Plaintiff / Intervenor Latasha Jackson for Entry of Default (docket entry no. 25) is hereby denied.
IT IS FURTHER ORDERED that Plaintiff/Intervenor Latasha Jackson is directed to file her Complaint in Intervention by April 27, 2006. That Complaint must be identical to the proposed Complaint in Intervention field as Exhibit “B” to the Motion to Intervene. Although it may appear redundant, Defendant should then file another Answer to the Complaint in Intervention to ensure that applicable rules are properly followed.
SO ORDERED.
	  

2

 
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CJRA-S, CLOSED, JURY, LRA
U.S. District Court Southern District of Mississippi (Jackson) CIVIL DOCKET FOR CASE #: 3:05-cv-00465-WHB-LRA

Equal Employment Opportunity Commission v. Productivity Improvement Center, Inc. Assigned to: District Judge William H. Barbour, Jr Referred to: Magistrate Judge Linda R. Anderson Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/28/2005 Date Terminated: 12/14/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David J. Middlebrooks - PHV LEHR, MIDDLEBROOKS & VREELAND, PC - Birmingham P. O. Box 11945 Birmingham, AL 35202-1945 (205) 326-3002 Fax: (205) 326-3008 Email: dmiddlebrooks@lehrmiddlebrooks.com TERMINATED: 05/01/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ermea J. Russell EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dr. A. H. McCoy Federal Building 100 West Capitol St., Suite 207 Jackson, MS 39269 601/214-3702 Email: erusslaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507 Email: James.Lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

C. Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -

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Birmingham Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205-2881 205/212-2131 Fax: 205/212-2041 Email: emanuel.smith@eeoc.gov ATTORNEY TO BE NOTICED
Charles E. Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205-2881 205/212-2100 Email: charles.guerrier@eeoc.gov TERMINATED: 04/04/2006 ATTORNEY TO BE NOTICED
Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507 ATTORNEY TO BE NOTICED
Mildred Byrd U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place 1130 - 22nd St., South, Ste. 2000 Birmingham, AL 30205 205/731-1297 Email: mildred.byrd@eeoc.gov ATTORNEY TO BE NOTICED
Naomi Hilton Archer EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205-2881 205/212-2100 Email: naomi.archer@eeoc.gov ATTORNEY TO BE NOTICED

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Plaintiff Latasha Jackson
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Pamela K. Agee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205-2881 205/212-2100 Email: pamela.agee@eeoc.gov TERMINATED: 04/04/2006 ATTORNEY TO BE NOTICED
Prisca M. DeLeonardo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205-2881 205/212-2048 Fax: 205/212-2041 Email: prisca.deleonardo@eeoc.gov TERMINATED: 11/29/2005 ATTORNEY TO BE NOTICED
represented by David J. Middlebrooks - PHV (See above for address) TERMINATED: 05/01/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael R. Brown MICHAEL R. BROWN LAW OFFICES, PLLC 120 N. Congress St., Suite 230 Jackson, MS 39201 601/948-5330 Fax: 601/948-5415 Email: mail@mikelawms.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen A. Brandon THE KULLMAN FIRM, PLC - Jackson 1640 Lelia Drive, Suite 120 Jackson, MS 39216 601/366-2990 Fax: 601/366-2955
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V. Defendant Productivity Improvement Center, Inc.
Movant Geroge Luckett
V. Intervenor

Email: sab@kullmanlaw.com TERMINATED: 03/03/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alison Tasma Vance BUTLER, SNOW, O'MARA, STEVENS & CANNADA P. O. Box 22567 Jackson, MS 39225-2567 (601) 948-5711 Email: alison.vance@butlersnow.com ATTORNEY TO BE NOTICED
James B. Galloway BUTLER, SNOW, O'MARA, STEVENS & CANNADA - Jackson P. O. Box 22567 Jackson, MS 39225-2567 601/985-4405 Fax: 601/985-4500 Email: jim.galloway@butlersnow.com ATTORNEY TO BE NOTICED
Jeffrey A. Walker BUTLER, SNOW, O'MARA, STEVENS & CANNADA P. O. Box 22567 Jackson, MS 39225-2567 (601) 948-5711 Email: jeff.walker@butlersnow.com ATTORNEY TO BE NOTICED
represented by Wesley T. Evans THE EVANS LAW FIRM P. O. Box 528 Canton, MS 39046 601/855-2255 Email: wesley9956@aol.com ATTORNEY TO BE NOTICED

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Latasha L. Jackson

represented by Stephen A. Brandon (See above for address) TERMINATED: 03/03/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/28/2005 09/15/2005
11/08/2005 11/10/2005 11/28/2005 11/29/2005
01/03/2006 01/12/2006
01/13/2006 01/17/2006 01/17/2006

#

Docket Text

1 COMPLAINT against Productivity Improvement Center, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(THR, ) (Entered: 07/28/2005)
2 REQUEST FOR WAIVER of Service sent to Alison Tasma, Attorney for Defendant on September 12, 2005 by Equal Employment Opportunity Commission. Waiver of Service due by 10/14/2005. (Agee, Pamela) (Entered: 09/15/2005)
3 ANSWER to Complaint by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 11/08/2005)
4 Rule 16.1(A) Initial Order Telephonic Case Management Conference set for 1/12/2006 10:15 AM before Magistrate Judge Alfred G. Nicols. (wg, ) (Entered: 11/10/2005)
5 MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (DeLeonardo, Prisca) (Entered: 11/28/2005)
TEXT ONLY ORDER granting 5 Motion to Withdraw as Attorney. Attorney Prisca M. DeLeonardo terminated as attorney for plaintiff. Signed by Judge Alfred G. Nicols on November 29, 2005. NO FURTHER WRITTEN ORDER SHALL ISSUE. (wg, ) (Entered: 11/29/2005)
6 MOTION to Intervene by Latasha Jackson. (Attachments: # 1 Exhibit EEOC Complaint Against PIC# 2 Exhibit Jackson's Complaint in Intervention)(Brandon, Stephen) (Entered: 01/03/2006)
Minute Entry for proceedings held before Judge Alfred G. Nicols : Telephonic Case Management Conference held on 1/12/2006. Participants: Pamela K. Agee, counsel for plaintiff, and Alison L. Tasma and Jeffrey A. Walker, counsel for defendant. A Schedulingi Order shall be entered by the Court setting this case for trial on a trial calendar commencing 12/04/2006. (wg, )(15) (Entered: 01/18/2006)
7 NOTICE of Service of Disclosure by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 01/13/2006)
8 RESPONSE in Opposition re 6 MOTION to Intervene filed by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A)(Walker, Jeffrey) (Entered: 01/17/2006)
9 MEMORANDUM in Support re 8 Response in Opposition to Motion to Intervene filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey)

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01/19/2006 01/19/2006
01/20/2006
01/24/2006 01/24/2006
01/25/2006 01/27/2006 02/01/2006 02/02/2006 02/14/2006 02/14/2006 02/14/2006 02/14/2006

(Entered: 01/17/2006)
ORE TENUS MOTION for leave to file a reply to Defendant's response to Motion to Intervene by Equal Employment Opportunity Commission. ACF (Entered: 01/19/2006)
TEXT ORDER ONLY granting EEOC's Motion for Leave to File Reply to Defendant's response to Motion to Intervene. EEOC to file reply by 1/27/06. NO WRITTEN ORDER TO FOLLOW. Entered by Judge Alfred G. Nicols on 1/19/06. ACF (Entered: 01/19/2006)
10 SCHEDULING ORDER: Final Pretrial Conference set for 11/9/2006 09:00 AM before District Judge William H. Barbour Jr.. Amended Pleadings due by 2/13/2006. Discovery due by 8/4/2006. Disclosure due by 1/13/2006. Designate Experts Plaintiff Deadline due by 5/4/2006. Designate Experts for Defendant Deadline due by 6/4/2006. Jury Trial set for 12/4/2006 09:00 AM before District Judge William H. Barbour Jr.. Joinder of Parties due by 2/13/2006. Motions due by 8/19/2006. Signed by Judge Alfred G. Nicols on January 20, 2006. (wg, ) (Entered: 01/20/2006)
ORE TENUS MOTION for Extension of Time to File Response/Reply re: motion to intervene by Latasha Jackson. ACF (Entered: 01/24/2006)
ORE TENUS ORDER granting Latasha Jackson's ore tenus Motion for Extension of Time to File Response/Reply re: motion to intervene. Reply to be filed before 1/27/06. NO WRITTEN ORDER TO FOLLOW. Signed by Judge Alfred G. Nicols on 1/24/06. ACF (Entered: 01/24/2006)
11 REPLY to Response to Motion re 8 Response in Opposition to Motion, 9 Memorandum in Support of Motion to Intervene filed by Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 01/25/2006)
12 RESPONSE in Opposition re 6 MOTION to Intervene Reply to Defendant's Response in Opposition to Her Motion to Intervene filed by Latasha Jackson. (Brandon, Stephen) (Entered: 01/27/2006)
13 NOTICE of Service of Disclosure by Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 02/01/2006)
14 ORDER granting 6 Motion to Intervene. Signed by Judge Alfred G. Nicols on 2/2/06. ACF (Entered: 02/02/2006)
15 MOTION for David J. Middlebrooks to Appear Pro Hac Vice by Latasha Jackson. (THR, ) (Entered: 02/14/2006)
Pro Hac Vice fee paid by David J. Middlebrooks $ 25, receipt number 10903 (THR, ) (Entered: 02/14/2006)
16 Appellant's BRIEF by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 02/14/2006)
17 Appellant's BRIEF by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Tasma, Alison) (Entered: 02/14/2006)

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02/15/2006 02/15/2006 02/15/2006
02/15/2006
02/16/2006 02/16/2006 02/21/2006 02/21/2006 02/23/2006
02/28/2006
02/28/2006 02/28/2006 02/28/2006 02/28/2006

DOCKET ANNOTATION as to #16, and 17 entered with incorrect events being selected. Attorney to refile. (THR, ) (Entered: 02/15/2006)
18 MOTION for Review re 14 Order on Motion to Intervene by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 02/15/2006)
19 MEMORANDUM in Support re 18 MOTION for Review re 14 Order on Motion to Intervene filed by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Tasma, Alison) (Entered: 02/15/2006)
TEXT ONLY ORDER granting 15 Motion to Appear Pro Hac Vice of David J. Middlebrooks on behalf of plaintiff upon the payment of the appropriate fee to the Clerk of the Court and completion of registration for electronic filing. Signed by Judge Alfred G. Nicols on February 15, 2006. NO FURTHER WRITTEN ORDER SHALL ISSUE. (wg, ) (Entered: 02/15/2006)
20 NOTICE of Service of Interrogatories by Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 02/16/2006)
21 NOTICE of Service of Request for Production by Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 02/16/2006)
22 NOTICE to Take Deposition (videotaped) of Cheryl Harris by Productivity Improvement Center, Inc..(Walker, Jeffrey) (Entered: 02/21/2006)
Case reassigned to Judge James C. Sumner. Judge Alfred G. Nicols no longer assigned to the case, pursuant to Administrative Order signed by Chief Judge Wingate on January 30, 2006. (THR, ) (Entered: 03/01/2006)
23 Response in Opposition re 18 MOTION for Review re 14 Order on Motion to Intervene by Productivity Improvement Center, Inc.. (Tasma, Alison), 19 MEMORANDUM in Support re 18 MOTION for Review re 14 Order on Motion to Intervene filed by Productivity Improvement Center, Inc.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Tasma, Alison) filed by Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 02/23/2006)
24 MOTION for Extension of Time to File Response/Reply as to 23 Response in Opposition, Latasha Jackson's Motion for Additional Time to Respond to Defendant's Appeal from Magistrate Judge's Ruling Granting Plaintiff's Motion to Intervene by Latasha Jackson. (Brandon, Stephen) (Entered: 02/28/2006)
25 MOTION for Entry of Default by Latasha Jackson. (Attachments: # 1 Exhibit A)(Brandon, Stephen) (Entered: 02/28/2006)
26 ANSWER to Complaint IN INTERVENTION by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 02/28/2006)
27 RESPONSE in Opposition re 25 MOTION for Entry of Default filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey) (Entered: 02/28/2006)
28 MEMORANDUM in Support re 27 Response in Opposition to Motion (for Entry of Default filed by Latasha Jackson) filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey) (Entered: 02/28/2006)

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03/01/2006 03/03/2006 03/03/2006 03/03/2006
03/03/2006 03/03/2006 03/10/2006 03/14/2006 03/20/2006 03/20/2006 04/04/2006 04/10/2006
04/11/2006 04/11/2006 04/20/2006

29 NOTICE of Appearance by Ermea J. Russell on behalf of Equal Employment Opportunity Commission (Russell, Ermea) (Entered: 03/01/2006)
30 RESPONSE to 18 Motion for Review of Magistrate Judge's Ruling Granting Plaintiff's Motion to Intervene filed by Latasha Jackson. (Brandon, Stephen) Modified on 3/14/2006 (DT, ). (Entered: 03/03/2006)
31 REPLY to Response to Motion re 23 Response in Opposition, filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey) (Entered: 03/03/2006)
TEXT ONLY ORDER GRANTING 24 Motion for Extension of Time to File A Response to Defendant's Appeal from Magistrate Judge's Ruling Granting Plaintiff's Motion to Intervene. Response date shall be no later than March 3, 2006. NO WRITTEN ORDER SHALL ISSUE. Signed by Judge William H. Barbour Jr. on 03-03-06. (Lewis, Nijah) (Entered: 03/03/2006)
32 MOTION to Withdraw as Attorney Stephen A. Brandon by Latasha Jackson. (Brandon, Stephen) (Entered: 03/03/2006)
TEXT ORDER ONLY granting 32 Motion to Withdraw as Attorney. Attorney Stephen A. Brandon terminated. NO WRITTEN ORDER TO FOLLOW. Entered by Judge James C. Sumner on 3/3/06. ACF (Entered: 03/03/2006)
33 REPLY to Response to Motion re 30 Response to Motion filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey) (Entered: 03/10/2006)
DOCKET ANNOTATION as to # 30. Incorrect linkage to document # 27; correct linkage made to document # 18. (DT, ) (Entered: 03/14/2006)
34 NOTICE of Service of Response to Interrogatories by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 03/20/2006)
35 NOTICE of Service of Response to Request for Production by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 03/20/2006)
36 MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (Russell, Ermea) (Entered: 04/04/2006)
37 ORDER granting 36 Motion to Substitute Attorney. Added attorney James L. Lee Gwendolyn Young Reams, C. Emanuel Smith, Mildred Byrd, Ermea J. Russell, Naomi Hilton Archer for Equal Employment Opportunity Commission. Signed by Judge James C. Sumner on 04/06/06. (THR, ) (Entered: 04/10/2006)
38 MOTION to Compel Discovery by Productivity Improvement Center, Inc.. (Attachments: # 1 Deposition Excerpts of Cheryl Harris)(Walker, Jeffrey) (Entered: 04/11/2006)
39 MEMORANDUM in Support re 38 MOTION to Compel Discovery filed by Productivity Improvement Center, Inc.. (Walker, Jeffrey) (Entered: 04/11/2006)
40 ORDER denying Defendant's 18 Appeal of Magistrate Judge's Ruling; denying Plaintiff / Intervenor's 25 Motion for Entry of Default. Plaintiff / Intervenor must file her Complaint in Intervention by April 27, 2006, and Defendant must file its Answer to Complaint in Intervention in a timely manner thereafter. Signed by Judge William H. Barbour Jr. on 04-20-06. (Turner, Tom) (Entered: 04/20/2006)

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04/21/2006 04/24/2006
04/25/2006 04/25/2006 04/25/2006 04/26/2006 04/27/2006 05/01/2006
05/16/2006 05/16/2006 05/16/2006 05/16/2006 05/18/2006 05/18/2006

41 MOTION for Extension of Time to File Response/Reply by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order)(Russell, Ermea) (Entered: 04/21/2006)
TEXT ORDER ONLY granting EEOC's 41 Motion for Extension of Time to File Response to the Defendant's Motion to Compel. EEOC to respond to motion to compel on or before May 15, 2006, and Defendant to file reply by 5/22/2006. NO WRITTEN ORDER TO FOLLOW. Entered by Judge James C. Sumner on 4/24/06. ACF (Entered: 04/24/2006)
42 MOTION to Withdraw as Counsel for Plaintiff by Latasha Jackson. (Middlebrooks - PHV, David) (Entered: 04/25/2006)
DOCKET ANNOTATION as to #41. Attorney to refile attachment #1 as a separate pleading. Attachment #3 Order has been emailed to Judge's chambers. (Moore, Janet) (Entered: 04/25/2006)
43 MEMORANDUM in Support re 41 MOTION for Extension of Time to File Response/Reply filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Russell, Ermea) (Entered: 04/25/2006)
44 First Intervenor COMPLAINT EEOC v. PIC, filed by Latasha Jackson.(Brown, Michael) (Entered: 04/26/2006)
45 ANSWER to Intervenor Complaint of Latasha Jackson by Productivity Improvement Center, Inc..(Walker, Jeffrey) (Entered: 04/27/2006)
TEXT ORDER ONLY granting 42 Motion to Withdraw as Counsel. David J. Middlebrooks granted leave of Court to withdraw from representing Plaintiff. NO WRITTEN ORDER TO FOLLOW. Signed by Judge James C. Sumner on 5/1/06. ACF (Entered: 05/01/2006)
46 RESPONSE in Opposition re 38 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(THR, ) (Entered: 05/16/2006)
47 MEMORANDUM IN SUPPORT re 46 Response in Opposition to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(THR, ) (Entered: 05/16/2006)
48 NOTICE OF CONVENTIONAL FILING by Equal Employment Opportunity Commission re 46 Response in Opposition to Motion, 47 Memorandum in Support (THR, ) (Entered: 05/16/2006)
49 MOTION for Extension of Time to File Defendant's Expert Designation, to Extend The Discovery Deadline, and The Motion Deadline by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 05/16/2006)
50 MOTION for Extension of Time to File Response/Reply as to 46 Response in Opposition to Motion to Compel EEOC Testimony by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 05/18/2006)
TEXT ORDER ONLY granting Defendant's 50 Motion for Extension of Time to File Reply in support of its Motion to Compel EEOC Testimony. Reply to be filed by 5/26/2006. NO WRITTEN ORDER TO FOLLOW. Entered by Judge

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05/18/2006
05/19/2006 05/22/2006
05/22/2006
05/24/2006 05/24/2006 05/24/2006 05/24/2006 05/26/2006
05/26/2006 05/26/2006 05/30/2006 05/31/2006 05/31/2006

James C. Sumner on 5/18/06. ACF (Entered: 05/18/2006)
51 Response in Opposition re 49 MOTION for Extension of Time to File Defendant's Expert Designation, to Extend The Discovery Deadline, and The Motion Deadline by Productivity Improvement Center, Inc.. (Tasma, Alison) filed by Equal Employment Opportunity Commission. (Russell, Ermea) (Entered: 05/18/2006)
52 NOTICE of Change of Address by Michael R. Brown (Brown, Michael) (Entered: 05/19/2006)
53 RESPONSE in Opposition re 49 MOTION for Extension of Time to File Defendant's Expert Designation, to Extend The Discovery Deadline, and The Motion Deadline filed by Latasha L. Jackson. (Brown, Michael) (Entered: 05/22/2006)
54 MOTION to Compel FRCP 35 Examination by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A - Complaint# 2 Exhibit B - Complaint in Intervention# 3 Exhibit C - CV of Dr. Mark Webb)(Tasma, Alison) (Entered: 05/22/2006)
55 NOTICE to Take Deposition (Videotaped) of Latasha Jackson by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 05/24/2006)
56 Mail Returned as Undeliverable. Containing document #40. Mail sent to C. Emanuel Smith, Attorney. (THR, ) (Entered: 05/24/2006)
57 NOTICE of Service of Interrogatories by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 05/24/2006)
58 NOTICE of Service of Request for Production by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 05/24/2006)
59 RESPONSE in Support re 49 MOTION for Extension of Time to File Defendant's Expert Designation, to Extend The Discovery Deadline, and The Motion Deadline filed by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Tasma, Alison) (Entered: 05/26/2006)
60 MEMORANDUM in Support re 38 MOTION to Compel Discovery EEOC Deposition Testimony filed by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A)(Tasma, Alison) (Entered: 05/26/2006)
61 MEMORANDUM in Support re 38 MOTION to Compel Discovery EEOC Deposition Testimony filed by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A)(Tasma, Alison) (Entered: 05/26/2006)
DOCKET ANNOTATION as to #60 inadvertently attached incorrect PDF. Attorney refiled, document #61 replaces document #60. (THR, ) (Entered: 05/30/2006)
62 ORDER granting Defendant's 49 Motion for Extension of Expert Designation Deadline, Discovery Deadline, and Motion Deadline. Signed by Judge James C. Sumner on 5/31/06. ACF (Entered: 05/31/2006)
Set Deadlines/Hearings: Discovery due by 9/1/2006. Designate Experts for Defendant Deadline due by 7/5/2006. Motions due by 9/11/2006. ACF (Entered:

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06/05/2006 06/14/2006 06/15/2006 06/15/2006 06/19/2006 06/20/2006 06/21/2006
06/22/2006 06/22/2006 06/22/2006 06/23/2006 06/23/2006 06/23/2006 06/23/2006 06/23/2006

05/31/2006)
63 Designation of Experts by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A)(Tasma, Alison) (Entered: 06/05/2006)
64 NOTICE to Take Deposition (Amended) via Videotape of Latasha Jackson by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 06/14/2006)
65 NOTICE to Take Deposition of Dr. Krishan Gupta by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 06/15/2006)
TEXT ORDER ONLY granting 54 Defendant's Motion to Compel Rule 35 Exam; no response filed in opposition. NO WRITTEN ORDER TO FOLLOW. Entered by Judge James C. Sumner on 6/15/06. ACF (Entered: 06/15/2006)
66 ORDER granting 38 Defendant's Motion to Compel. Signed by Judge James C. Sumner on 6/19/06. EF (Entered: 06/19/2006)
67 NOTICE to Take Deposition of PIC 30(b)(6) by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 06/20/2006)
68 First MOTION for Protective Order Re Rule 35 Examination by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support# 2 Text of Proposed Order Protective Order)(Russell, Ermea) (Entered: 06/21/2006)
69 Emergency MOTION for Protective Order by Productivity Improvement Center, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Walker, Jeffrey) (Entered: 06/22/2006)
70 RESPONSE in Opposition re 69 Emergency MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Russell, Ermea) (Entered: 06/22/2006)
71 RESPONSE MEMORANDUM in Support re 69 Emergency MOTION for Protective Order filed by Productivity Improvement Center, Inc.(Walker, Jeffrey) (Entered: 06/22/2006)
72 ORDER granting 69 Defendant PIC's Motion for Protective Order. Signed by Judge James C. Sumner on 6/23/06. ACF (Entered: 06/23/2006)
73 MEMORANDUM in Opposition re 68 First MOTION for Protective Order Re Rule 35 Examination filed by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 06/23/2006)
74 ATTACHMENT re 73 Memorandum in Opposition to Motion for Protective Order - (Exhibit A) by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 06/23/2006)
75 ATTACHMENT re 73 Memorandum in Opposition to Motion for Protective Order - (Exhibit B) by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 06/23/2006)
76 MOTION for Protective Order (For Consideration of EEOC's Motion for a Protective Order and to Shorten EEOC's Reply Time by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 06/23/2006)

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06/26/2006 06/28/2006
07/03/2006 07/03/2006 07/03/2006 07/03/2006 07/05/2006 07/05/2006 07/05/2006 07/06/2006 07/10/2006 07/17/2006 07/18/2006 07/18/2006
07/21/2006 07/28/2006 07/28/2006 07/31/2006

77 NOTICE of Service of Disclosure by Latasha Jackson. (Attachments: # 1 Exhibit documentation of service)(Brown, Michael) (Entered: 06/26/2006)
78 ORDER denying Plaintiff's 68 Motion for Protective Order, granting 76 Defendant's request for expedited ruling on EEOC's Motion for Protective Order. Signed by Judge James C. Sumner on 6/28/06. ACF (Entered: 06/28/2006)
79 NOTICE to Take Deposition of Lisa Jones by Productivity Improvement Center, Inc..(Walker, Jeffrey) (Entered: 07/03/2006)
80 NOTICE of Service of Interrogatories by Productivity Improvement Center, Inc. (Tasma, Alison) Modified on 7/5/2006 (Lowery, R.). (Entered: 07/03/2006)
81 NOTICE of Service of Interrogatories by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 07/03/2006)
82 MOTION for Review re 66 Order on Motion to Compel by Equal Employment Opportunity Commission. (Russell, Ermea) (Entered: 07/03/2006)
83 NOTICE of Appearance by James B. Galloway on behalf of Productivity Improvement Center, Inc. (Galloway, James) (Entered: 07/05/2006)
84 NOTICE of Service of Expert Designation by Productivity Improvement Center, Inc. (Tasma, Alison) (Entered: 07/05/2006)
85 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 07/05/2006)
86 Designation of Experts by Productivity Improvement Center, Inc..(Tasma, Alison) (Entered: 07/06/2006)
87 NOTICE to Take Deposition of Lisa Jones by Productivity Improvement Center, Inc..(Walker, Jeffrey) (Entered: 07/10/2006)
88 NOTICE to Take Deposition of George Luckett by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 07/17/2006)
89 NOTICE to Take Deposition of Tammy Mathis by Productivity Improvement Center, Inc..(Galloway, James) (Entered: 07/18/2006)
90 MEMORANDUM in Opposition re 82 MOTION for Review re 66 Order on Motion to Compel filed by Productivity Improvement Center, Inc.. (Tasma, Alison) (Entered: 07/18/2006)
91 MOTION to Quash Subpoena for Deposition by Geroge Luckett. (Evans, Wesley) (Entered: 07/21/2006)
92 NOTICE to Take Deposition of Mark C. Webb MD by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 07/28/2006)
93 ORDER denying Plaintiff's 82 Motion to Review Magistrate's Order. Signed by Judge William H. Barbour Jr. on 07-28-06. (Turner, Tom) (Entered: 07/28/2006)
94 NOTICE of Service of Interrogatories by Latasha L. Jackson.(Brown, Michael) (Entered: 07/31/2006)

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07/31/2006 08/03/2006 08/07/2006 08/09/2006 08/10/2006 08/10/2006
08/18/2006 08/18/2006 08/18/2006 08/21/2006 08/21/2006 08/21/2006
08/24/2006 08/24/2006 08/25/2006
08/25/2006 09/05/2006 09/05/2006

95 NOTICE of Service of Request for Production by Latasha L. Jackson.(Brown, Michael) (Entered: 07/31/2006)
96 NOTICE of Receipt of Original Deposition by Productivity Improvement Center, Inc. (Galloway, James) (Entered: 08/03/2006)
97 NOTICE of Service of Disclosure by Productivity Improvement Center, Inc..(Walker, Jeffrey) (Entered: 08/07/2006)
98 NOTICE of Service of Response to Interrogatories by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 08/09/2006)
99 NOTICE of Service of Response to Request for Production by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 08/10/2006)
100 NOTICE to Take Deposition of Sharon Grissette, Vanessa Williams, & Lenore Anderson by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 08/10/2006)
101 NOTICE of Service of Disclosure by Productivity Improvement Center, Inc..(Tasma Vance, Alison) (Entered: 08/18/2006)
102 NOTICE of Service of Response to Interrogatories by Productivity Improvement Center, Inc..(Tasma Vance, Alison) (Entered: 08/18/2006)
103 NOTICE of Service of Response to Request for Production by Productivity Improvement Center, Inc..(Tasma Vance, Alison) (Entered: 08/18/2006)
104 NOTICE of Receipt of Deposition by Productivity Improvement Center, Inc..(Galloway, James) (Entered: 08/21/2006)
105 ATTACHMENT re 104 Notice of Receipt of Deposition of Tammy Mathis by Productivity Improvement Center, Inc.. (Galloway, James) (Entered: 08/21/2006)
106 Joint MOTION for Extension of Time to Complete Discovery and Motion Deadline by Productivity Improvement Center, Inc.. (Tasma Vance, Alison) (Entered: 08/21/2006)
107 NOTICE of Service of Response to Request for Production by Latasha L. Jackson.(Brown, Michael) (Entered: 08/24/2006)
108 NOTICE of Service of Response to Interrogatories by Latasha L. Jackson.(Brown, Michael) (Entered: 08/24/2006)
109 ORDER granting 91 George Luckett's Motion to Quash, granting 106 Motion for Extension of Time to Complete Discovery. Signed by Judge James C. Sumner on 8/25/06. ACF (Entered: 08/25/2006)
Set Deadlines/Hearings: Discovery due by 10/2/2006. Motions due by 10/9/2006. ACF (Entered: 08/25/2006)
110 NOTICE of Service of Response to Interrogatories by Productivity Improvement Center, Inc..(Tasma Vance, Alison) (Entered: 09/05/2006)
111 NOTICE of Service of Response to Request for Production by Productivity Improvement Center, Inc..(Tasma Vance, Alison) (Entered: 09/05/2006)

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09/06/2006 10/03/2006 10/16/2006 10/16/2006
11/15/2006 11/16/2006 11/20/2006 12/01/2006 12/08/2006 12/14/2006 12/14/2006
12/19/2006

112 NOTICE of Service of Disclosure by Equal Employment Opportunity Commission.(Russell, Ermea) (Entered: 09/06/2006)
113 Joint MOTION for Extension of Time to Complete Discovery and Motion Deadline by Latasha Jackson, Equal Employment Opportunity Commission. (Tasma Vance, Alison) (Entered: 10/03/2006)
114 ORDER granting 113 Motion for Extension of Time to Complete Discovery . Signed by Judge James C. Sumner on October 16, 2006. (TKR) (Entered: 10/16/2006)
Set Deadlines/Hearings: Discovery due by 10/16/2006. Motions due by 10/23/2006. Jury Trial set for 1/2/2007 09:00 AM before District Judge William H. Barbour Jr.. Pretrial Conference set for 12/8/2006 09:00 AM before District Judge William H. Barbour Jr.. (TKR) (Entered: 10/16/2006)
115 NOTICE OF CONSENT DECREE ENDORSEMENT by Latasha L. Jackson (Brown, Michael) (Entered: 11/15/2006)
116 NOTICE of Endorsement by Productivity Improvement Center, Inc. (Tasma Vance, Alison) (Entered: 11/16/2006)
117 NOTICE OF CONSENT DECREE ENDORSEMENT (amended) by Latasha Jackson (Brown, Michael) (Entered: 11/20/2006)
118 Consent Decree governing Monetary and Other Relief among the parties. Signed by Judge William H. Barbour Jr. on 12/01/2006. (Lewis, Nijah) (Entered: 12/01/2006)
120 ORDER REASSIGNING CASE. Case reassigned to Judge Linda R. Anderson for all further proceedings. Judge James C. Sumner no longer assigned to case. Signed by Judge Henry T. Wingate on 12/07/06. (THR, ) (Entered: 12/14/2006)
119 STIPULATION of Dismissal With Prejudice by Productivity Improvement Center, Inc.. (Vance, Alison) (Entered: 12/14/2006)
121 ORDER DISMISSING CASE, with prejudice, parties having settled. FURTHER ORDERED that an Agreed Order of Dismissalexecuted by the parties be provided to the Court no later thanDecember 31, 2006. Signed by Judge William H. Barbour Jr. on 12/14/06. (THR, ) (Entered: 12/14/2006)
122 ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge William H. Barbour Jr. on 12/18/06. (THR, ) (Entered: 12/19/2006)

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PACER Service Center

Transaction Receipt

05/29/2007 15:17:44

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

3:05-cv-00465-WHB-LRA

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CM/ECF LIVE - U.S. District Court: Mississippi Southern District - Doc... https://ecf.mssd.uscourts.gov/cgi-bin/DktRpt.pl?118745179433354-L_3...

Billable Pages:

9

Cost:

0.72

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