IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

]

COMMISSION,

]

]

Plaintiff,

]

]

vs.

]

]

THE SHOE SHOW OF ROCKY MOUNT, INC. ]

]

Defendant.

]

]

CIVIL ACTION #
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex or retaliation,

and to provide appropriate relief to Angela M. Lett, Brittany Salter, TaHarra Lett and a class of

women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary) who

were adversely affected by such practices. As alleged with greater particularity in paragraph 7

below, the Defendant Employer discriminated against Angela M. Lett, Brittany Salter, TaHarra

Lett and a class of women (including, without limitation, Casey Thames, Dawn Brooks and Rasla

McCreary) on the basis of their sex by subjecting them to sexual harassment and in some cases

retaliating against them because they protested or opposed this conduct.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Alabama Southern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of 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, The Shoe Show of Rocky Mount, Inc. (the "Employer"), has continuously been a North Carolina corporation doing business in the State of Alabama and the City of Monroeville, and has continuously had at least 15 employees. 5. At 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) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Angela M. Lett, Brittany Salter and TaHarra Lett filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since before July 20, 2002, and continuing thereafter Defendant Employer engaged in unlawful employment practices at its Monroeville, Alabama facility, in violation of Section 703(a)(1) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a)(1)and § 2000e-3(a). In particular,the Defendant Employer engaged in unlawful employment practices at and around its facility in Monroeville, Alabama, through the actions of one its supervisors, Store Manager Andre Jones. Since at least July 20, 2002, and continuing thereafter, Jones sexually harassed Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary) by subjecting them to unwelcome and offensive sexual actions, comments and unwelcome and inappropriate touching of their private body parts. In addition the Defendant Employer through the actions of one its supervisors, Store Manager Andre Jones, reduced the work hours and thus the earnings of Brittany Salter in retaliation for her opposition to an employment practice which she believed to violate Title VII of the Civil Rights Act of 1964.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary) of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex or because they opposed these practices.
9. Since at least March 26, 2003, Defendant Employer has willfully failed, in violation of Section 711(a) and (b) of Title VII, 42 U.S.C. § 2000e-10(a) and (b), to post and keep posted notices which have been prepared or approved by the Commission setting forth

excerpts from or summaries of the pertinent provisions of Title VII and information pertinent to the filing of a charge or complaint.
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex and retaliation for engaging in protected activity. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary), by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary

to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to post and keep posted notices in accordance with the
provisions of Section 711(a) of Title VII, 42 U.S.C. § 2000e-10(a) and assess appropriate civil fines against the Defendant pursuant to Section 711(b) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-10(b).
E. Order Defendant Employer to make whole Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary), by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be determined at trial.
F. Order Defendant Employer to make whole Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Order Defendant Employer to pay Angela M. Lett, Brittany Salter, TaHarra Lett and a class of similarly situated women (including, without limitation, Casey Thames, Dawn Brooks and Rasla McCreary) punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public

interest. I. Award the Commission its costs of this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, DC 20507
s/ Charles Guerrier CHARLES E. GUERRIER (OH 0023546) Regional Attorney
s/ Mildred Byrd MILDRED BYRD (LA 03741) Supervisory Trial Attorney

s/J. Mark Graham J.MARK GRAHAM (LA 06216) Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 Telephone: (205) 212-2054 E-mail: john.graham@eeoc.gov

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

SHERREE SALTER, et al.,

)

Plaintiffs,

)

)

v.

) CIVIL ACTION 03-0863-WS-B

)

SHOE SHOW, INC., et al.,

)

Defendants.

)

______________________________________________________________________________

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

v.

)

)

SHOE SHOW OF ROCKY MOUNT, INC., )

Defendant.

)

CIVIL ACTION 04-494-WS-B

ORDER

These actions are before the Court on the Motion to Consolidate (doc. 38) filed by plaintiffs Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts, Angela Lett, Brittany Salter, Casey Thames, and Ta’Harra Lett (the “Individual Plaintiffs”) in Civil Action 03-863-WS-B (the “Individual Action”). In their Motion, the Individual Plaintiffs request that the Individual Action be consolidated with Civil Action 04-494-WS-B (the “EEOC Action”) henceforth. I. Background.
In their Second Amended Complaint (doc. 27), the Individual Plaintiffs allege that, during 2002, each of them was employed at a retail store in Monroeville, Alabama owned by defendant Shoe Show, Inc. In the course of their employment, the Individual Plaintiffs contend, defendant Andre Jones (Shoe Show’s store manager) subjected each of them to sexual harassment, including quid pro quo demands for sexual favors, crude and obscene comments and gestures, unwanted touching of their breasts and other body parts, attempted rape, and retaliation for refusing to submit to his sexual overtures. The Individual Plaintiffs allege that complaints to Shoe Show about Jones’ conduct generated neither

corrective action nor even investigation. Based on these allegations, the Individual Plaintiffs assert claims against Shoe Show under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as well as state-law claims against Shoe Show and Jones for invasion of privacy, assault and battery, and outrage, plus a separate state-law claim against Shoe Show for negligent supervision. The Individual Action has been pending since December 2003 and is rapidly approaching trial; indeed, the operative scheduling order (as amended to extend the discovery period) provides for a November 29 discovery cutoff date, with jury trial to follow in May 2005.
Of more recent vintage is the EEOC Action, filed some seven months after the inception of the Individual Action. The material factual and legal allegations of the EEOC Action overlap considerably with those in the Individual Action. In particular, the EEOC brings suit against Shoe Show under Title VII based on alleged sexual harassment perpetrated by Jones in 2002 against Angela Lett, Brittany Salter, Ta’Harra Lett, Casey Thames (all of whom are Individual Plaintiffs in the Individual Action), as well as a class of similarly situated women. The EEOC’s Complaint alleges that, inter alia, Jones subjected this class of women to unwelcome and offensive sexual actions and comments, unwelcome and inappropriate touchings, and retaliation for opposing his unlawful activities. The EEOC seeks compensation for A. Lett, Salter, T. Lett, Thames and the class of similarly situated women, as well as an injunction prohibiting Shoe Show from engaging in sexual harassment, sex discrimination, and retaliation, and requiring it to institute policies to provide equal employment opportunities for women. The EEOC Action has been pending since July 2004. To date, the parties have not filed a Rule 26(f) Report, nor has a separate Rule 16(b) Scheduling Order been entered in that case.
The Individual Plaintiffs now seek to consolidate the Individual Action with the EEOC Action. The EEOC has joined in this request, and Shoe Show has filed a response, conditionally acquiescing to consolidation. II. Analysis.
The Motion to Consolidate is governed by Rule 42(a), Fed.R.Civ.P., which affords a district court authority to order multiple actions consolidated “[w]hen actions involving a common question of law or fact are pending before the court.” Id. The Eleventh Circuit has explained that consolidation
-2-

pursuant to Rule 42(a) “is permissive and vests a purely discretionary power in the district court.” Young v. City of Augusta, 59 F.3d 1160, 1168 (11th Cir. 1995) (quoting In re Air Crash Disaster at Florida Everglades, 549 F.2d 1006, 1013 (5th Cir. 1977)). In exercising that discretion, district courts must weigh the risk of prejudice and confusion wrought by consolidation against the risk of inconsistent rulings on common factual and legal questions, the burden on the parties and the court, the length of time, and the relative expense of proceeding with separate lawsuits if they are not consolidated. See Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir. 1985); Jackson v. Ford Consumer Finance Co., 181 F.R.D. 537, 539 (N.D. Ga. 1998); State of Ohio ex rel. Montgomery v. Louis Trauth Dairy, Inc., 163 F.R.D. 500, 503 (S.D. Ohio 1995) (in determining whether consolidation is appropriate, “the court balances the value of time and effort saved by consolidation against the inconvenience, delay, or expense increased by it”).
The Hendrix factors unambiguously weigh in favor of consolidation here. The presence of substantial common questions of fact and law linking these cases is manifest and may be readily confirmed by even cursory inspection of the two complaints. Both actions involve Title VII claims of sexual harassment and retaliation leveled against Shoe Show based on alleged misconduct by the same actor (Jones) against largely the same female employees during the same time frame. Shoe Show’s affirmative defenses to these claims are virtually indistinguishable, including for example the Faragher/Ellerth defense. Although the roster of aggrieved persons differs slightly between the two lawsuits, there is considerable overlap and both cases appear to turn on nearly identical facts and legal issues. To try these cases separately would necessitate duplicative rulings on shared identical issues of law and fact, resulting in both grossly inefficient use of the Court’s and the litigants’ time, and an unacceptable risk of inconsistent adjudications of pretrial and trial issues. See Miller v. U.S. Postal Service, 729 F.2d 1033, 1036 (5th Cir. 1984) (observing that consolidation is properly used to “eliminate unnecessary repetition and confusion”); Hendrix, 776 F.2d at 1495 (same); see generally In re Air Crash Disaster, 549 F.2d at 1014 (overlapping, duplicative motion practice and pretrial procedures among different plaintiffs in separate actions constitute waste and inefficiency sought to be avoided by the lucid direction of Rule 42(a)).
-3-

Moreover, in the opinion of the undersigned, consolidation will unquestionably diminish the burden on both litigants and the Court of conducting parallel rounds of discovery, filing and considering parallel dispositive motions, and litigating parallel issues at trial. It will also ease the burden on witnesses who would otherwise be called upon to present substantially identical testimony at two different trials. Furthermore, the risk of unfair prejudice or confusion creeping into this litigation as a byproduct of consolidation appears minimal. Compare Cain v. Armstrong World Industries, Inc., 785 F. Supp. 1448, 1455-57 (S.D. Ala. 1992) (determining in hindsight that consolidation was improper where it resulted in joint trial of large number of differing cases, confusing and prejudicing the jury which was overwhelmed with evidence, rendering it impossible to sort out and distinguish the facts and law of numerous cases that varied greatly in critical respects). Shoe Show does not contend that any prejudice or confusion will be visited upon it by virtue of the consolidation, so long as a new scheduling order is entered and adequate time is allowed for completion of discovery, including any modifications to the discovery plan that may be necessitated by the EEOC’s participation.
In conditionally consenting to the Motion, Shoe Show asserts, without explanation or supporting authority, that consolidation should be ordered “for purposes of discovery only.” (Defendant’s Response, ¶ 1.) Shoe Show identifies no reason why consolidation for trial would be inappropriate, other than to state in generic terms that it “reserves the right ... to evaluate whether the claims asserted by the EEOC would be properly tried with the claims of the current Plaintiffs.” (Id., ¶ 2.) The considerations identified above weigh heavily in favor of consolidation of these actions not only for discovery, but also for trial. See, e.g., Carolina Clipper, Inc. v. Axe, 902 F. Supp. 680, 682 (E.D. Va. 1995) (explaining that where two causes of action are based on same set of facts, and same witnesses will be called to testify in both actions, judicial economy counsels against separate trials). Indeed, to consolidate these actions for discovery but not for trial would be to vitiate the bulk of the judicial economy, efficiency, and consistency benefits of consolidation in the first place, and would have no likely practical effect other than to derail the Individual Action from its previously established
-4-

Scheduling Order.1 Under the circumstances, the Court cannot accept Shoe Show’s bare assertion that consolidation should be confined to the discovery phase. III. Conclusion.
For all of the foregoing reasons, the Motion to Consolidate (doc. 38) is hereby granted, and these actions are consolidated for all purposes, including discovery and trial.2 All parties suggest that consolidation will warrant entry of a new scheduling order. Because Magistrate Judge Bivins is best equipped to address that concern, the parties should expect to hear from her shortly regarding whether a new Rule 16(b) Scheduling Order will be entered, and whether any supplemental Rule 26(f) submissions or discovery conferences will be required.
The Clerk of the Court is hereby directed to extract documents 1 through 8 from Civil Action No. 04-0494-WS-B and to make those documents a part of Civil Action No. 03-0863-WS-B.
The Court finds that there is no present reason to maintain Civil Action No. 04-0494-WS-B as an open file. Therefore the Clerk is directed to submit a JS-6 to the Administrative Office which indicates that this file is statistically closed and thus removed from the pending docket of this Court. The Clerk shall thereafter maintain that file as a closed file.
DONE and ORDERED this 8th day of November, 2004.

s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

1

This is not a scenario in which consolidation is ordered for the purpose of streamlining

discovery even though disparate legal issues remain to be litigated at trial. After all, discovery is (or

should be) substantially complete in the Individual Action right now, without consolidation. Here, the

value of consolidation lies not in unified discovery proceedings, but in precisely the avoidance of

duplicate trials and repetitive adjudications.

2

That said, nothing in this Order should be construed as precluding Shoe Show from

coming forward in a timely manner with a motion to sever pursuant to Rule 21, Fed.R.Civ.P., or for

separate trials pursuant to Rule 42(b), Fed.R.Civ.P., if appropriate. This order of consolidation is

subject to modification at any time as the Court may deem appropriate in exercising its “inherent

managerial power to control the disposition of the causes on its docket with economy of time and effort

for itself, for counsel, and for litigants.” Hendrix, 776 F.2d at 1495.

-5-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA

u.s. DISTRICT COURT SOU. DIST. ALA. FILED IN CLERK'S OFFICE

SOUTHERN DIVISION

JUl 202005

SHERREE SALTER, ET AL.,

)

)

CHARLES R. DIARD, JR.

)

CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

)

)

Civil Action Number:

)

1:03-CV-00863-WS-B c/w

Plaintiffs,

)

1 :04-CV-00494-WS-B.

)

vs.

)

CONSENT DECREE

)

)

THE SHOE SHOW OF

)

ROCKY MOUNT, INC.,

)

)

)

ANDRE JONES,

)

)

Defendants.

)

I. GENERAL PROV1SIONS

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

(Title VII) guarantees protected workers that they will be free from employment

discrimination on the basis of race, color, religion, sex, or national origin. In this case

the Equal Employment Opportunity Commission ("EEOC") has filed suit in Civil Action

1:04-CV-00494-WS-B seeking relief for Angela M. Lett, Brittany Salter, TaHarra Lett

and a class of women (including, without limitation, Casey Thames, Dawn Brooks and

Rasia McCreary). Angela M. Lett, Brittany Salter and TaHarra Lett had previously filed

charges of discrimination alleging that The Shoe Show of Rocky Mount, Inc., through

the actions of one its supervisors, Store Manager Andre Jones, discriminated against

them in violation of Title VII by subjecting them to unwelcome and offensive sexual

actions, comments and unwelcome and inappropriate touching of their private body

parts. In addition it was alleged that The Shoe Show of Rocky Mount, Inc., Defendant Employer, through the actions of one its supervisors, Store Manager Andre Jones, reduced the work hours and thus the earnings of Brittany Salter in retaliation for her opposition to an employment practice which she believed to violate Title VII of the Civil Rights Act of 1964. In addition it was alleged that The Shoe Show of Rocky Mount, Inc., since at least March 26, 2003, has willfully failed, in violation of Section 711 (a) and (b) of Title VII, 42 U.S.C. § 2000e-10(a) and (b), to post and keep posted notices which have been prepared or approved by the Commission setting forth excerpts from or summaries of the pertinent provisions of Title VII and information pertinent to the filing of a charge or complaint. The Shoe Show of Rocky Mount, Inc., expressly denies all claims and allegations asserted in the Complaint. The EEOC's lawsuit has been consolidated with Civil Action 1:03-CV-00863-WS-B which is a lawsuit filed against The Shoe Show of Rocky Mount, Inc., by certain individuals complaining of the same or similar conduct as that alleged in the EEOC's lawsuit. The Shoe Show of Rocky Mount, Inc., expressly denies all claims and allegations asserted in the Complaint in that lawsuit.
The EEOC and The Shoe Show of Rocky Mount, Inc., being aware of the risks, uncertainties and costs of continued litigation, are now desirous of resolving, through this Consent Decree, the claims asserted in the above styled lawsuit Civil Action 1:04CV-00494-WS-B.
This Court being fully advised of the premises of this case doth hereby Order, Adjudge and Decree as follows:
2

II. SPECIFIC PROVISIONS A. This Court has full jurisdiction to decide this controversy as to the EEOC
and The Shoe Show of Rocky Mount, Inc. This Court expressly retains jurisdiction for the next 12 months for the purpose of ensuring compliance with this Decree and entry of such further orders as may be necessary to effectuate the purposes of this Decree. This Decree will remain in effect for twelve months and will expire without further action by the parties or the Court twelve months after entry. It is expressly agreed by the parties that the Court shall retain jurisdiction to enforce this Consent Decree. Kokkonen v. Guardian Life Insurance Co. of America, 511 U. S. 375 (1994).
B. Nothing herein shall be deemed to be an admission by The Shoe Show of Rocky Mount, Inc., that it has at any time, place or in any manner whatsoever, violated either Title VII or any other statute, rule of law or legally binding regulation concerning Angela M. Lett, Brittany Salter, TaHarra Lett, Casey Thames, Dawn Brooks and Rasia McCreary or any other person who has been employed by The Shoe Show of Rocky Mount, Inc.
C. This Decree, being entered with the consent of the EEOC and The Shoe Show of Rocky Mount, Inc., shall not constitute an adjudication or finding on the merits of the case, nor shall it be used as evidence of a violation of Title VII or other law in any subsequent action by EEOC against The Shoe Show of Rocky Mount, Inc., except no party shall be prohibited by this provision from proceeding against any other for noncompliance with any provision of this Decree.
D. This Decree shall fully and finally resolve, with prejudice, all claims raised in the Complaint in Civil Action 1:04-CV-00494-WS-B including without limitation the
3

matters alleged in the Charges of Discrimination numbered 130-2003-00964, 130-200301075, 130-2003-03145 and 130-2004-01107 filed by Angela M. Lett, Brittany Salter, TaHarra Lett and Casey Thames with the EEOC.
E. The Shoe Show of Rocky Mount, Inc., has agreed to pay an agreed upon monetary amount in settlement of the individual claims which are the subject of the lawsuit in Civil Action 1:04-CV-00494-WS-B and the lawsuit with which this lawsuit has been consolidated, Civil Action 1:03-CV-00863-WS-B, inclusive of all attorney's fees and costs. Those payments will be made in connection with a separate settlement agreement to be executed by the individual claimants and the lawsuit Civil Action 1:03CV-00863-WS-B will be resolved in a separate proceeding. The monetary amount is being paid as a result of proceedings and actions taken in Civil Action 1:03-CV-00863WS-B and Civil Action 1:04-CV-00494-WS-B.
F. The Shoe Show of Rocky Mount, Inc., agrees that it will not retaliate against any of its former or present employees because such persons have filed Charges of Discrimination, testified, assisted, benefited, or participated in any manner in the investigations, proceedings or hearings in this lawsuit.
G. The Shoe Show of Rocky Mount, Inc., agrees to comply with all requirements of Title VII of the Civil Rights Act of 1964, as amended, and immediately post the notice, attached as Exhibit "A", where it will be visible to all employees at its Monroeville, Alabama store. This notice shall remain posted during the term of this Consent Decree.
4

H. Within sixty (60) days of the entry of this Decree, The Shoe Show of Rocky Mount, Inc., will provide training for the employees at its Monroeville, Alabama, store as follows:
The Shoe Show of Rocky Mount, Inc., shall provide at least two hours of classroom or other effective interactive training and education regarding harassment, including sexual harassment to all supervisory employees who are employed as of the date of entry of this Consent Decree and to all new supervisory employees within six months of their assumption of a supervisory position.
The Shoe Show of Rocky Mount Inc., shall provide at least two hours of classroom or other effective interactive training and education regarding harassment, including sexual harassment to all non-supervisory employees who are employed as of the date of entry of this Consent Decree and to all new non-supervisory employees within six months of their employment.
The training and education required by' this Consent Decree shall include information and practical guidance regarding the federal statutory provisions concerning the prohibition against and the prevention and correction of harassment, including sexual harassment and the remedies available to victims of harassment, including sexual harassment in employment.
The training and education for supervisory employees shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
5

The training and education for non-supervisory employees shall also include practical examples aimed at instructing non-supervisors in the recognition and reporting of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of workplace harassment, including sexual harassment, and other forms of unlawful discrimination, and retaliation.
The training and education required by this Consent Decree is intended to establish a minimum threshold and should not discourage the Defendant from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct workplace harassment, including sexual harassment and all other forms of unlawful discrimination. Nothing in this Consent Decree is intended to prevent training of both supervisory and nonsupervisory employees together in appropriate circumstances.
The Shoe Show of Rocky Mount agrees to employ Lehr Middlebrooks Price & Vreeland, P.C. to fulfill its training obligations under this Consent Decree.
I. Within ninety (90) days of the entry of this Consent Decree, The Shoe Show of Rocky Mount, Inc., will provide the Birmingham District Office of the Equal Employment Opportunity Commission with proof of the action taken to inform and train its personnel as outlined in paragraphs H above. The report will include copies of materials used in the training discussed above, which reflect the substance of the
training, and will be mailed to J. Mark Graham, Senior Trial Attorney, EEOC, 1130 22nd
Street, South, Suite 2000 Birmingham, AL 35205.
6

J. The Shoe Show of Rocky Mount, Inc., has in place an anti-discrimination policy and complaint procedure. A copy of that policy and procedure will be posted in the same locations as the notices referred to in paragraph G above.
K. The Shoe Show of Rocky Mount, Inc., will, pursuant to Section 711 (a) of Title VII, 42 U.S.C. § 2000e-10(a), post and keep posted at its Monroeville, Alabama, store notices which have been prepared or approved by the Commission setting forth excerpts from or summaries of the pertinent provisions of Title VII and information pertinent to the filing of a charge or complaint.
L. Each party shall bear its own attorney's fees and costs. The EEOC is not seeking attorney's fees or costs against The Shoe Show of Rocky Mount, Inc., and The Shoe Show of Rocky Mount, Inc., will not seek attorney fees or costs against the EEOC.
ORDERED and ADJUDGED this ~~y of ::::)vl,L-Y ,.2005.
UNITED STATES DISTRICT JUDGE
7

EXHIBIT "A" NOTICE TO EMPLOYEES
The Shoe Show of Rocky Mount Inc.
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. The Shoe Show of Rocky Mount Inc., settling a lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC") against The Shoe Show of Rocky Mount Inc. (hereinafter "Shoe Show").
In its suit, the EEOC alleged that Shoe Show discriminated against a number of female employees by, among other things, subjecting them to unwelcome and offensive sexual actions, comments and unwelcome and inappropriate touching of their private body parts through the actions of one its supervisors, Store Manager Andre Jones, in violation of Title VII of the Civil Rights Act of 1964, ("Title VII"), 42 U.S.C. §§2000e-2, 5(f)(1) and (3); as amended by the Civil Rights Act of 1991, ("CRA"), 42 U.S.C. §1981 A. Shoe Show denies these allegations.
To resolve the case, Shoe Show and the EEOC have entered into a Consent Decree which requires, among other things, that:
(1) Shoe Show will not discriminate on the basis of sex, among other bases; and
(2) Shoe Show will not retaliate against any person because he or she 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.
The EEOC enforces the federal laws against discrimination in employment on the basis of race, sex, color, religion, national origin, disability, and age. If you believe you have been discriminated against, you may contact the EEOC at (205) 731-0082 or view its web page at www.eeoc.gov. The EEOC charges no fees and has employees who speak languages other than English.

Date
136689

On Behalf of the Shoe Show of Rocky Mount, Inc.
8

 
 ALS District Version 3.0 Live - Docket Report

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U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:04-cv-00494-WS-B

CLOSED2004

U.S. Equal Employment Opportunity Commission v. Shoe Show Date Filed: 07/29/2004

of Rocky Mount Inc.

Date Terminated: 11/08/2004

Assigned to: Judge William H. Steele

Jury Demand: Plaintiff

Referred to: Magistrate Judge Sonja F. Bivins

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000 Job Discrimination (Sex)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Mark Graham EEOC 1130 22nd Street south Birmingham, AL 35205-2886 205-212-2054 Fax: 2052122041 Email: john.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mildred Byrd Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2043 Email: Mildred.Byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

1 of 3

3/30/2007 12:54 PM

ALS District Version 3.0 Live - Docket Report

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Shoe Show of Rocky Mount Inc.

represented by David J. Middlebrooks Lehr Middlebrooks & Vreeland, P.C. P. O. Box 11945 Birmingham, AL 35202-1945 205-326-3002 Email: dmiddlebrooks@lehrmiddlebrooks.com ATTORNEY TO BE NOTICED

Date Filed 07/29/2004 08/04/2004
08/18/2004 10/01/2004 10/19/2004
10/20/2004 10/22/2004 10/22/2004 10/25/2004 11/08/2004

#

Docket Text

1 COMPLAINT against all defendants (Filing fee $ 150.), filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 07/29/2004)
2 REQUEST FOR WAIVER of Service sent to Defendant Shoe Show of Rocky Mount Inc. on August 3, 2004 by U.S. Equal Employment Opportunity Commission. Waiver of Service due by 9/2/2004. (Graham, John) (Entered: 08/04/2004)
3 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. Shoe Show of Rocky Mount Inc. waiver sent on 8/16/2004, answer due 10/15/2004. (Graham, John) (Entered: 08/18/2004)
4 ANSWER to Complaint and CORPORATE DISCLOSURE STATEMENT filed by Shoe Show of Rocky Mount Inc..(Middlebrooks, David) Modified docket text on 10/1/2004 (mpp). (Entered: 10/01/2004)
5 Order re: The Motion to Consolidate Cases 03-863-WS and 04-494-WS that was filed in Civil Action 03-863-WS (Doc. 38). Responses due by 10/29/2004 and Replies due by 11/6/2004. Signed by Judge William H. Steele on 10/19/04. (tgw) (Entered: 10/19/2004)
6 Document endorsed NOTED by Judge Sonja F. Bivins : "Corporate Disclosure Statement" 4 filed by Shoe Show of Rocky Mount Inc. (ebf, ) (Entered: 10/20/2004)
7 RESPONSE to 5 Order filed by U.S. Equal Employment Opportunity Commission. (Byrd, Mildred) (Entered: 10/22/2004)
REFERRAL of DOCUMENT: 7 Response REFERRED to Judge Steele. NOTE: There is no image for this entry. (mpp) (Entered: 10/22/2004)
8 Consent to MOTION by Plaintiffs to Consolidate filed by Shoe Show of Rocky Mount Inc.. (Waudby, Sally) (Entered: 10/25/2004)
9 Order granting the motion to consolidate (Doc. 38) filed in 03-863-WS-B. Lead Case No.: 03-863-WS-B, Member Case No.: 04-494-WS-B. All future pleadings to be filed in the Lead Case. The Clerk is directed to extract docs 1 through 8 from 04-0494-WS-B and to make those documents a part of 03-0863-WS-B . Signed by Judge William H. Steele on 11/8/04. (tgw) (Entered: 11/09/2004)

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CLOSED2005, MEDIATION
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:03-cv-00863-WS-B

Salter et al v. Shoe Show, Inc. et al Assigned to: Judge William H. Steele Referred to: Magistrate Judge Sonja F. Bivins Cause: 42:2000 Job Discrimination (Sex) Plaintiff Sherree Salter
Plaintiff Valissa Boykin
Plaintiff Gwendolyn Wilson

Date Filed: 12/19/2003 Date Terminated: 07/20/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by C. Michael Quinn Wiggin, Childs, Quinn, & Pantazis, P.C. The Kress Building 301 19th Street North Birmingham, AL 35203 (205) 328-0640 Email: cmq@wcqp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sherrie V. McKenzie P.O. Box 1138 Monroeville, AL 36461 251-575-7037 Fax: 2515755632 Email: sherrie@frontiernet.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Michael Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sherrie V. McKenzie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Michael Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Nickeya Betts
Plaintiff Angela Lett
Plaintiff Casey Thames
Plaintiff Jennifer Salter as mother and next friend of minor Brittany Salter Plaintiff TaHarra Lett
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Sherrie V. McKenzie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Michael Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sherrie V. McKenzie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Michael Quinn (See above for address)
Sherrie V. McKenzie (See above for address)
represented by C. Michael Quinn (See above for address)
Sherrie V. McKenzie (See above for address)
represented by C. Michael Quinn (See above for address)
Sherrie V. McKenzie (See above for address)
represented by C. Michael Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sherrie V. McKenzie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Plaintiff U.S. Equal Employment Opportunity Commission
V. Defendant Shoe Show, Inc.
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represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Mark Graham EEOC 1130 22nd Street south Birmingham, AL 35205-2886 205-212-2054 Fax: 2052122041 Email: john.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mildred Byrd Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2043 Email: Mildred.Byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Middlebrooks Lehr Middlebrooks & Vreeland, P.C. P. O. Box 11945 Birmingham, AL 35202-1945 205-326-3002 Email: dmiddlebrooks@lehrmiddlebrooks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally Broatch Waudby Lehr Middlebrooks & Vreeland, P.C. P. O. Box 11945 Birmingham, AL 35202-1945 205-326-3002
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Defendant
Andre Jones TERMINATED: 04/01/2005

Fax: 205-326-3008 Email: swaudby@lehrmiddlebrooks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/19/2003
12/22/2003 12/22/2003 12/22/2003 01/05/2004 01/07/2004 01/07/2004 01/09/2004 01/20/2004 01/20/2004 01/20/2004
01/20/2004 01/30/2004

#

Docket Text

1 COMPLAINT against Andre Jones, Shoe Show, Inc. ( Filing fee $ 150, Receipt number 45277.), filed by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson.(clr, ) (Entered: 12/22/2003)
2 Summons Issued as to Shoe Show, Inc., documents mailed to counsel for service. (clr, ) (Entered: 12/22/2003)
3 Summons Issued as to Andre Jones, documents mailed to counsel for service. (clr, ) (Entered: 12/22/2003)
4 Notice of Assignment to Magistrate Judge Bert W. Milling, Jr. for trial, Copies to counsel 12/24/03. (clr, ) Modified on 12/24/2003 (clr, ). (Entered: 12/24/2003)
Request for Reassignment to a United States District Judge for Trial and Disposition filed. (clr, ) (Entered: 01/06/2004)
5 Case Reassigned to Judge William H. Steele. Notice to counsel 1/7/04 (clr, ) (Entered: 01/07/2004)
6 Return of Service Executed on Shoe Show, Inc. by certified mail on 12/31/2003. Answer due 1/20/2004. (clr, ) (Entered: 01/08/2004)
7 NOTICE of Appearance by C. Michael Quinn on behalf of Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson (srr, ) (Entered: 01/09/2004)
8 Disclosure Statement filed by Shoe Show, Inc. (no parents, subsidiaries and/or affiliates). (tgw, ) (Entered: 01/20/2004)
9 ANSWER to Complaint by Shoe Show, Inc. (tgw, ) (Entered: 01/20/2004)
10 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 3/5/2004. Signed by Judge Bert W. Milling Jr. on 1/20/04. Copies to parties(tgw, ) (Entered: 01/20/2004)
11 Document endorsed NOTED by Judge William H. Steele : Disclosure Statement 8 filed by Shoe Show, Inc. (Steele, William) (Entered: 01/20/2004)
12 This action has been transferred from the docket of Magistrate Judge Bert W. Milling and is now assigned to the docket of Magistrate Judge Sonja F. Bivins. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-B after the case number on all future pleadings. (mjn, ) (Entered: 01/30/2004)

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03/15/2004 03/22/2004 03/23/2004 03/23/2004 03/24/2004 03/24/2004 04/15/2004 04/16/2004 04/20/2004
04/20/2004 04/20/2004 04/20/2004

13 Order: Rule 26 Meeting Report due by 3/24/2004 or the parties are to show cause why they have failed to comply with this Court's Preliminary Scheduling Order. Signed by Judge Sonja F. Bivins on 3/15/04. Copies to parties(tgw, ) (Entered: 03/16/2004)
14 RESPONSE TO ORDER TO SHOW CAUSE filed by Shoe Show, Inc, re: 13 Order on Report of Parties Meeting. Ref. to Judge Bivins. (mpp) (Entered: 03/22/2004)
15 MOTION for Extension of Time to File Report of Parties by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. Referred to Judge Bivins(tgw, ) (Entered: 03/23/2004)
16 MOTION to Amend Complaint by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. (Attachments: # 1 Proposed Amended Complaint)Referred to Judge Steele(tgw, ) (Entered: 03/23/2004)
17 Order re: 16 MOTION to Amend Complaint filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts. Responses due by 4/7/2004 for 16 . Signed by Judge William H. Steele on 3/24/04. Copies to parties(tgw, ) (Entered: 03/24/2004)
18 ORDER GRANTING 15 Motion for Extension of Time to File Report of Parties. Report of Parties due by 4/21/04. Signed by Judge Sonja F. Bivins on 3/24/04. Copies to parties (tgw, ) (Entered: 03/25/2004)
19 MOTION to File Second Amended Complaint by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. (Attachments: # 1 Proposed 2nd Amended Complaint)Referred to Judge Steele(tgw, ) (Entered: 04/15/2004)
20 REPORT of Rule 26(f) Planning Meeting. Ref. to Judge Bivins.(mpp) (Entered: 04/19/2004)
21 SCHEDULING ORDER: Pretrial Conference set for 4/12/2005 09:00 AM in Chambers before Judge William H. Steele. Amended Pleadings due by 7/13/2004. Discovery cutoff 10/13/2004. Motions due by 11/2/2004. Jury Selection set for 5/3/2005 09:00 AM in Courtroom 2A before Judge William H. Steele. Jury Trial set for 5/3/2005 09:00 AM in Courtroom 2A before Judge William H. Steele. Position Regarding Settlement due by 10/13/2004. Signed by Judge Sonja F. Bivins on 4/20/04. copies to parties (Attachments: # 1 Judge Steele's Pretrial Order)(tgw, ) (Entered: 04/20/2004)
22 ORDER granting 16 Motion to Amend Complaint. Any party opposing the Motion for Second Amended Compant 19 must file a response by 4/30/04 . Signed by Judge William H. Steele on 4/20/04.Copies to parties 4/21/04 (mbp, ) (Entered: 04/21/2004)
23 AMENDED COMPLAINT and Jury Demand against Andre Jones, Shoe Show, Inc. , filed by Angela Lett, Casey Thames, Jennifer Salter.(mbp, ) (Entered: 04/21/2004)
24 ANSWER to Amended Complaint by Shoe Show, Inc.(mbp, ) (Entered: 04/21/2004)

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04/28/2004 04/28/2004 04/28/2004 07/16/2004 07/16/2004 07/20/2004
08/18/2004 08/18/2004 08/19/2004 08/19/2004 08/19/2004 09/22/2004
09/22/2004 09/30/2004
10/14/2004

25 ANSWER to Amended Complaint by Shoe Show of Rocky Mount, Inc. (mbp, ) (Entered: 04/28/2004)
26 ORDER granting 19 Motion to file 2nd Amended Complaint to add TaHarra Lett as plaintiff. Signed by Judge William H. Steele on 4/28/04. Copies to parties (tgw, ) (Entered: 04/29/2004)
27 SECOND AMENDED COMPLAINT against all defendants filed by the plaintiffs. TaHarra Lett added as plaintiff.(tgw, ) (Entered: 04/29/2004)
28 Joint MOTION to Amend Scheduling Order 21 Scheduling Order,, By Plaintiffs (Mike Quinn and Sherrie McKenzie) and by Shoe Show, Inc.. (Waudby, Sally) (Entered: 07/16/2004)
MOTIONS re: 28 Joint MOTION to Amend Scheduling Order 21 Scheduling Order,, By Plaintiffs (Mike Quinn and Sherrie McKenzie) and REFERRED to Judge Bivins 7/16/04 (mbp, ) (Entered: 07/16/2004)
29 Order GRANTING IN PART DENYING IN PART the 28 Joint MOTION to Amend Scheduling Order. Discovery cutoff 11/29/2004. Motions due by 12/20/2004. Settlement Position due by 11/29/2004. Signed by Judge Sonja F. Bivins on 7/20/04. Copies to parties(tgw, ) (Entered: 07/20/2004)
30 Unopposed MOTION for Protective Order by Shoe Show, Inc.. (Attachments: # 1 Proposed Consent Protective Order, # 2 Proposed Qualified Protective Order)(Waudby, Sally) Modified on 8/18/2004 (tgw). (Entered: 08/18/2004)
MOTIONS re: 30 Unopposed MOTION for Protective Order REFERRED to Judge Bivins. (tgw) (Entered: 08/18/2004)
31 Unopposed MOTION for Protective Order Entry As Amended by Shoe Show, Inc.. (Attachments: # 1 Exhibit Amended Consent Protective Order)(Waudby, Sally) (Entered: 08/19/2004)
32 AMENDED CONSENT PROTECTIVE ORDER entered. Signed by Judge Sonja F. Bivins on 8/19/04. Copies to parties(tgw) (Entered: 08/19/2004)
33 QUALIFIED CONSENT PROTECTIVE ORDER entered. Signed by Judge Sonja F. Bivins on 8/19/04. Copies to parties(tgw) (Entered: 08/19/2004)
34 MOTION to Compel Discovery by Shoe Show, Inc. (Attachments: # 1 Exh. 1, # 2 Exh. 2-5, # 3 Exh. 6 - Part 1, # 4 Exh. 6 - Part 2, # 5 Exh. 7-8, # 6 Exh. 9 - Part 1, # 7 Exh. 9 - Part 2, # 8 Exh. 10)Referred to Judge Bivins(tgw) (Entered: 09/22/2004)
35 Order re: 34 MOTION to Compel Discovery filed by Shoe Show, Inc., Responses due by 10/1/2004 for 34. Signed by Judge Sonja F. Bivins on 9/21/04. (tgw) (Entered: 09/23/2004)
36 RESPONSE to Motion 34 MOTION to Compel Discovery filed by Nickeya Betts, Valissa Boykin, Angela Lett, TaHarra Lett, Jennifer Salter, Sherree Salter, Casey Thames, Gwendolyn Wilson. (Quinn, C.) Modified on 9/30/2004 (tgw). (Entered: 09/30/2004)
37 Order re: 34 MOTION to Compel Discovery filed by Shoe Show, Inc. and 36 Response to Motion filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson,

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10/18/2004 10/19/2004
10/19/2004 10/20/2004
10/25/2004 10/25/2004 11/08/2004
11/08/2004 11/10/2004 11/16/2004 11/16/2004 11/19/2004

Nickeya Betts, Jennifer Salter, Casey Thames, Angela Lett, TaHarra Lett setting MOTION HEARING for 10/20/2004 at 10:00 AM in Courtroom 2C before Magistrate Judge Sonja F. Bivins. Signed by Judge Sonja F. Bivins on 10/14/04. Copies to parties.(mpp) (Entered: 10/14/2004)
38 MOTION to Consolidate Cases by Nickeya Betts, Valissa Boykin, Angela Lett, TaHarra Lett, Jennifer Salter, Sherree Salter, Casey Thames, Gwendolyn Wilson. (Quinn, C.) (Entered: 10/18/2004)
39 Order re: 38 MOTION to Consolidate Cases 03-863-WS and 04-494-WS filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts, Jennifer Salter, Casey Thames, Angela Lett, TaHarra Lett. Responses due by 10/29/2004 for 38, Replies due by 11/6/2004 for 38. Signed by Judge William H. Steele on 10/19/04. (tgw) (Entered: 10/19/2004)
40 MOTION to Withdraw 34 MOTION to Compel Discovery , Without Prejudice by Shoe Show, Inc.. (Waudby, Sally) (Entered: 10/19/2004)
41 ORDER granting the 40 Motion to Withdraw the 34 Motion to Compel and denying as moot the 34 Motion to Compel Discovery. The motion hearing scheduled for 10/20/04 is hereby cancelled. Signed by Judge Sonja F. Bivins on 10/20/04. (tgw) (Entered: 10/20/2004)
42 RESPONSE to Motion re: 38 MOTION to Consolidate Cases filed by Shoe Show, Inc.. (Waudby, Sally) (Entered: 10/25/2004)
REFERRAL of DOCUMENT: 42 Response to Motion to Consolidate REFERRED to Judge Steele. NOTE: There is no image for this entry. (mpp) (Entered: 10/25/2004)
43 ORDER granting 38 Motion to Consolidate. Lead Case No.: 03-863-WS-B, Member Case No.: 04-494-WS-B. All future pleadings to be filed in the Lead Case. The Clerk is directed to extract docs 1 through 8 from 04-0494-WS-B and to make those documents a part of 03-0863-WS-B. Signed by Judge William H. Steele on 11/8/04. (tgw) (Entered: 11/09/2004)
44 DOCUMENTS EXTRACTED FROM CIVIL ACTION NO. 04-0494-WS-B. (Attachments: # 1 Doc. 1, # 2 Doc. 2, # 3 Doc. 3, # 4 Doc. 4, # 5 Doc. 5, # 6 Doc. 7, # 7 Doc. 8)(tgw) (Entered: 11/09/2004)
45 Order setting a Discovery Hearing for 11/19/2004 10:00 AM in Courtroom 2C before Magistrate Judge Sonja F. Bivins. Signed by Judge Sonja F. Bivins on 11/10/04. (tgw) (Entered: 11/10/2004)
46 REPORT of Rule 26(f) Planning Meeting. (Waudby, Sally) (Entered: 11/16/2004)
REFERRAL OF 46 Report of Rule 26(f) Planning Meeting to Judge Bivins. NOTE: There is no image for this entry. (tgw) (Entered: 11/16/2004)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Discovery Hearing held on 11/19/2004. (Court Reporter FTR.) (mjn, ) (Entered: 11/19/2004)

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11/22/2004
02/03/2005 02/03/2005 02/03/2005 02/09/2005
02/09/2005 02/10/2005 02/10/2005 02/10/2005 02/14/2005 02/16/2005 02/16/2005

47 AMENDED SCHEDULING ORDER: Pretrial Conference set for 7/19/2005 at 10:30 AM in Chambers before Judge William H. Steele. Amended Pleadings due by 1/14/2005. Discovery cutoff 3/18/2005. Motions due by 5/2/2005. Jury Selection set for 8/2/2005 at 9:00 AM in Courtroom 2A before Judge William H. Steele. Jury Trial set for the month of 8/2005 before Judge William H. Steele. The parties estimate that the trial of this action will take eight (8) days. Position Regarding Settlement due by 3/18/2005. Signed by Judge Sonja F. Bivins on 11/19/04. (Attachments: # 1 Standing Pretrial Order)Copies to parties 11/22/04.(mpp) (Entered: 11/22/2004)
48 MOTION for Protective Order by Shoe Show, Inc.. (Waudby, Sally) (Entered: 02/03/2005)
REFERRAL OF 48 MOTION for Protective Order to Judge Bivins. NOTE: There is no image for this entry. (tgw, ) (Entered: 02/03/2005)
49 Order re: 48 MOTION for Protective Order filed by Shoe Show, Inc., stating responses are due by 2/14/2005 & replies are due by 2/18/2005. Signed by Judge Sonja F. Bivins on 2/3/05. Copies to parties 2/4/05.(mpp) (Entered: 02/04/2005)
50 Joint MOTION to Amend Scheduling Order 47 Scheduling Order,, Extending Remaining Deadlines by 60 Days by Shoe Show, Inc., Andre Jones, U.S. Equal Employment Opportunity Commission, Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Waudby, Sally) (Entered: 02/09/2005)
REFERRAL OF 50 Joint MOTION to Amend Scheduling Order 47 Scheduling Order,, Extending Remaining Deadlines by 60 Days to Judge Bivins. NOTE: There is no image for this entry. (tgw, ) (Entered: 02/09/2005)
51 RESPONSE to Motion re: 48 MOTION for Protective Order filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Attachments: # 1 Exhibit (Order))(Quinn, C.) (Entered: 02/10/2005)
REFERRAL OF 51 Response to Motion for Protective Order to Judge Bivins. (tgw) (Entered: 02/10/2005)
52 Notice of Filing Interrogatories and Requests for Production to Defendant filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 02/10/2005)
53 ORDER GRANTING IN PART the 50 Motion to Amend Scheduling Order. Discovery cutoff 4/29/2005. Motions due by 5/31/2005. Position Regarding Settlement due by 4/29/2005. Signed by Judge Sonja F. Bivins on 2/14/05. (tgw) (Entered: 02/15/2005)
54 MOTION to Strike Plaintiff's Expert Witness Designation by Shoe Show, Inc.. (Waudby, Sally) (Entered: 02/16/2005)
55 Order re: 54 MOTION to Strike Plaintiff's Expert Witness Designation filed by Shoe Show, Inc. Responses due by 2/25/2005 for 54. Signed by Judge Sonja F. Bivins on 2/16/05. (tgw) (Entered: 02/16/2005)

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02/16/2005 02/28/2005
03/08/2005 03/17/2005 03/17/2005 03/17/2005
03/18/2005 04/01/2005
04/04/2005 04/07/2005 04/14/2005 04/20/2005 04/22/2005 04/22/2005 04/22/2005

REFERRAL OF 54 MOTION to Strike Plaintiff's Expert Witness Designation to Judge Bivins. (tgw, ) (Entered: 02/16/2005)
56 ORDER denying 48 Motion for Protective Order to the extent it seeks toexclude the named Plaintiffs from attending each others' depositions, and the depositions of the class members. Signed by Judge Sonja F. Bivins on 2/28/05. Copies to parties.(mpp) (Entered: 02/28/2005)
57 ORDER granting 54 Motion to Strike Plaintiff's Expert Witness Designation. Plaintiff is precluded from offering expert testimony in this case . Signed by Judge Sonja F. Bivins on 3/8/05. (tgw) (Entered: 03/08/2005)
58 MOTION to Dismiss Claims Against Andre Jones by Shoe Show, Inc.. (Waudby, Sally) (Entered: 03/17/2005)
REFERRAL OF 58 MOTION to Dismiss Claims Against Andre Jones to Judge Steele. (tgw, ) (Entered: 03/17/2005)
59 Order entered re: 58 MOTION to Dismiss Claims Against Andre Jones filed by Shoe Show, Inc., Response to Motion due by 3/31/2005, Replies due by 4/7/2005. Signed by Judge William H. Steele on 3/17/05. (jlr) (Entered: 03/18/2005)
60 NOTICE by Shoe Show, Inc. of Service of Discovery Documents (Waudby, Sally) (Entered: 03/18/2005)
62 ORDER granting 58 Motion to Dismiss filed by Shoe Show. Plaintiffs' claims against defendant Jones are hereby dismissed without prejudice for insufficient service of process pursuant to Rule 12(b)(5), Fed.R.Civ.P.; noncompliance with Rule 4(m), Fed.R.Civ.P.; failure to prosecute; and failure to obey the orders of this Court. Signed by Judge William H. Steele on 4/1/05. Copies to parties 4/4/05. (mpp) (Entered: 04/04/2005)
61 Notice of Filing Def's Objections to Notice of Depo Duces Tecum filed by Shoe Show, Inc..(Waudby, Sally) (Entered: 04/04/2005)
63 Notice of Filing Notice of Depositions filed by Shoe Show, Inc..(Waudby, Sally) (Entered: 04/07/2005)
64 Notice of Filing Deposition Notice filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/14/2005)
65 Notice of Filing Response to Requests for Admissions and Answers to Interrogatories filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/20/2005)
67 MOTION to Compel by Shoe Show, Inc.. (Attachments: # 1 Exhibit Def's Corres. to Pls.)(Waudby, Sally) (Entered: 04/22/2005)
REFERRAL OF 67 MOTION to Compel to Judge Bivins. (mbp, ) (Entered: 04/22/2005)
68 NOTICE by Shoe Show, Inc. of Service of Discovery Document - Def.'s 2nd Supplemental Initial Disclosures (Waudby, Sally) (Entered: 04/22/2005)

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04/22/2005
04/26/2005 04/28/2005 04/28/2005 04/28/2005
04/28/2005 04/29/2005 04/29/2005
04/29/2005 05/03/2005 05/03/2005
05/03/2005
05/13/2005 05/13/2005

69 Order re: 67 MOTION to Compel filed by Shoe Show, Inc., setting the following: Responses are due by 4/27/2005 and a Telephone Conference will be held on 4/28/2005 at 3:00 PM in Chambers before Magistrate Judge Sonja F. Bivins. The conference call will be initiated bychambers' staff. Signed by Judge Sonja F. Bivins on 4/22/05. Copies to parties 4/25/05.(mpp) (Entered: 04/25/2005)
70 Notice of Filing Plaintiff Equal Employment Opportunity Commission?s Supplemental Initial Disclosures filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/26/2005)
71 MOTION to Withdraw 67 MOTION to Compel Without Prejudice by Shoe Show, Inc.. (Waudby, Sally) (Entered: 04/28/2005)
REFERRAL OF 71 MOTION to Withdraw 67 MOTION to Compel Without Prejudice to Judge Bivins. (tgw, ) (Entered: 04/28/2005)
72 ENDORSED ORDER granting 71 Motion to Withdraw. The parties have notified the Court that the discovery dispute has been resolved, and therefore the Motion to Compel is moot. The telephone conference set for today is hereby canceled . Signed by Judge Sonja F. Bivins on 4/28/05. (ebf, ) (Entered: 04/28/2005)
73 Notice of Filing Plaintiff's Supplemental Answers to Defendant's Interrogatories filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/28/2005)
74 Notice of Filing Equal Employment Opportunity Commission?s Second Supplemental Initial Disclosures filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/29/2005)
75 Position Regarding Settlement Filed Jointly filed by Shoe Show, Inc., Andre Jones, U.S. Equal Employment Opportunity Commission, Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Waudby, Sally) (Entered: 04/29/2005)
REFERRAL OF 75 Position Regarding Settlement to Judge Bivins. (mpp) (Entered: 04/29/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Telephone Conference held on 5/3/2005. (ebf, ) (Entered: 05/03/2005)
76 ORDER REFERRING CASE to Mediation. Selection of Mediator due by 5/17/2005. Mediation Status due by 6/17/2005. Signed by Judge Sonja F. Bivins on 5/3/05. (Attachments: # 1 Alternative Dispute Resolution Plan)(tgw) (Entered: 05/03/2005)
77 Order extending the deadline for dispositive motions. Motions due by 6/14/2005. The other deadlines set forth in the Court's Amended Rule 16(b) Scheduling Order (Doc. 47) remain in effect. Signed by Judge Sonja F. Bivins on 5/3/05. (tgw) (Entered: 05/03/2005)
78 NOTICE by Shoe Show, Inc. Regarding Selection of Mediator (Waudby, Sally) (Entered: 05/13/2005)
REFERRAL OF 78 Notice Regarding Selection of Mediator to Judge Bivins. (mpp) (Entered: 05/13/2005)

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Document endorsed NOTED by Judge Sonja F. Bivins: Notice regarding mediation (Doc. 78)filed by Shoe Show, Inc. (Bivins, Sonja) (Entered: 05/16/2005)
79 NOTICE by Shoe Show, Inc. of Service of Discovery Document (Waudby, Sally) (Entered: 05/25/2005)
80 Order amending the 47 Scheduling Order. Paragraph 2 of that Order reflects that this action is set for jury selection on August 2, 2005, with trial to follow "sometime during the month of February." For the sake of clarity, the Court amends the Amended Scheduling Order to provide that trial will be held during the month of August 2005 . Signed by Judge William H. Steele on 5/25/05. (tgw) (Entered: 05/25/2005)
81 MOTION for Extension of Time to File Dispositive Motions by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/13/2005)
REFERRAL OF 81 MOTION for Extension of Time to File Dispositive Motions to Judge Bivins. (mpp) (Entered: 06/13/2005)
82 ENDORSED ORDER granting 81 Motion for Extension of Time. Dispositive motions due by 6/27/2005. Signed by Judge Sonja F. Bivins on 6/13/05. (ebf, ) (Entered: 06/13/2005)
83 MOTION to Clarify /Limit the EEOC's Class by Shoe Show, Inc.. (Attachments: # 1 Exhibit Pltf EEOC's Answers to Def's Int.# 2 Exhibit Depo Excerpts and Exh. of Angela Lett# 3 Exhibit Affidavit of J. W. Manning)(Waudby, Sally) (Entered: 06/14/2005)
REFERRAL OF 83 MOTION to Clarify /Limit the EEOC's Class to Judge Steele. (tgw) (Entered: 06/14/2005)
84 Order as to Defendant Shoe Show of Rocky Mount, Inc. filed a Motion to Limit the EEOC's Class, doc. 83, Responses due by 6/28/2005 Replies due by 7/5/2005, TUS 7/5/05, as further sets out, Signed by Judge William H. Steele on 6/15/05. copies to all ptys.(jal) (Entered: 06/15/2005)
85 Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/15/2005)
86 Order re: 85 Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement filed by Shoe Show, Inc. The EEOC is to file a response by 6/29/2005. Movant will be allowed until 7/6/2005 to file a reply. Signed by Judge William H. Steele on 6/16/05. Copies to parties 6/17/05(mbp, ) (Entered: 06/17/2005)
87 Unopposed MOTION for Extension of Time to File Response by U.S. Equal Employment Opportunity Commission. (Graham, John) (Entered: 06/21/2005)
88 ORDER GRANTING the 87 Motion for Extension of Time to file a response to defendant's Motion to Limit the EEOC's Class. EEOC's opposition brief must be filed not later than seven calendar days after ruling on the Motion for Protective Order. Shoe Show will be allowed 14 calendar days afterruling on the Motion for Protective Order to submit a reply brief. Signed by Judge William H. Steele on

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6/21/05. (tgw) (Entered: 06/22/2005)
REFERRAL OF 87 Unopposed MOTION for Extension of Time to File Response to Judge Steele. (tgw) (Entered: 06/22/2005)
89 Joint MOTION for Extension of Time for All Remaining PreTrial Deadlines by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/23/2005)
REFERRAL OF 89 Joint MOTION for Extension of Time for All Remaining PreTrial Deadlines to Judge Bivins. (mpp) (Entered: 06/23/2005)
90 MOTION for Partial Summary Judgment and to Limit Damages Available to Plaintiff Brittany Salter by Shoe Show, Inc.. (Waudby, Sally) Modified document on 6/27/2005 (mpp). (Entered: 06/27/2005)
91 Brief re 90 MOTION for Partial Summary Judgment and to Limit Damages Available to Plaintiff Brittany Salter. (Waudby, Sally) (Entered: 06/27/2005)
92 Evidentiary Material In Support of Its Motion for Partial Summary Judgment and to Limit Damages Available to Pl. Brittan Salter filed by Shoe Show, Inc. re: 91 Brief. (Attachments: # 1 Exhibit Excerpts from Depo of B. Salter and certain exhibits thereto)(Waudby, Sally) (Entered: 06/27/2005)
93 MOTION for Partial Summary Judgment on Title VII and Assault and Battery Claims by or on Behalf of Pl Casey Thames by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
94 Brief re 93 MOTION for Partial Summary Judgment on Title VII and Assault and Battery Claims by or on Behalf of Pl Casey Thames. (Waudby, Sally) (Entered: 06/27/2005)
95 Evidentiary Material In Support of Its Motion for Partial Summary Judgment on Title VII and Assault and Battery Claims by or on Behalf of Pl Casey Thames filed by Shoe Show, Inc. re: 94 Brief. (Attachments: # 1 Exhibit Excerpts from Depo of C. Thames and certain exhibits thereto)(Waudby, Sally) (Entered: 06/27/2005)
96 MOTION for Summary Judgment On All Claims by the EEOC on Behalf of Rasla McCreary by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
97 Memorandum in Support re 96 MOTION for Summary Judgment On All Claims by the EEOC on Behalf of Rasla McCreary filed by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
98 Evidentiary Material In Support of Its MSJ on All Claims by the EEOC on Behalf of Rasla McCreary filed by Shoe Show, Inc. re: 97 Memorandum in Support. (Attachments: # 1 Exhibit Exerpts and Exhibits from depos of R. McCreary and A. Lett# 2 Exhibit Affidavit of J. W. Manning and exhibits thereto)(Waudby, Sally) (Entered: 06/27/2005)
99 MOTION for Summary Judgment On All Claims Asserted By The EEOC On Behalf of Dawn Brooks by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
100 Memorandum in Support re 99 MOTION for Summary Judgment On All Claims Asserted By The EEOC On Behalf of Dawn Brooks filed by Shoe Show, Inc..

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(Waudby, Sally) (Entered: 06/27/2005)
101 Evidentiary Material In Support of Its Motion for Summary Judgment on All Claims By the EEOC on Behalf of Dawn Brooks filed by Shoe Show, Inc. re: 100 Memorandum in Support. (Attachments: # 1 Exhibit Excerpts and certain Exhibits from the Depo of Dawn Brooks)(Waudby, Sally) (Entered: 06/27/2005)
102 Order GRANTING in part the Joint Motion to Extend Pretrial Deadlines 89: Extending Scheduling Order Deadlines: Pretrial Conference set for 10/11/2005 at 2:30 PM in Chambers before Judge William H. Steele. Motions due by 8/11/2005. Jury Selection set for 11/1/2005 09:00 AM in Courtroom 2A before Judge William H. Steele. Signed by Judge Sonja F. Bivins on 6/24/05. Copies to parties 6/27/05.(mpp) (Entered: 06/27/2005)
103 MOTION for Partial Summary Judgment On Title VII and Assault and Battery Claims by Pl. Valissa Boykin by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
104 Memorandum in Support re 103 MOTION for Partial Summary Judgment On Title VII and Assault and Battery Claims by Pl. Valissa Boykin filed by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/27/2005)
105 Evidentiary Material In Support of Its Motion for Partial Summary Judgment On Title VII and Assault and Battery Claim for Pl. Valissa Boykin filed by Shoe Show, Inc. re: 104 Memorandum in Support. (Attachments: # 1 Exhibit Excerpts and certain exhibits from the depo of Valissa Boykin)(Waudby, Sally) (Entered: 06/27/2005)
REFERRAL OF 93 MOTION for Partial Summary Judgment on Title VII and Assault and Battery Claims by or on Behalf of Pl Casey Thames, 96 MOTION for Summary Judgment On All Claims by the EEOC on Behalf of Rasla McCreary, 99 MOTION for Summary Judgment On All Claims Asserted By The EEOC On Behalf of Dawn Brooks, 103 MOTION for Partial Summary Judgment On Title VII and Assault and Battery Claims by Pl. Valissa Boykin to Judge Steele. ** Document 90 MOTION for Partial Summary Judgment and to Limit Damages Available to Plaintiff Brittany Salter is not a motion [it is EVIDENTIARY SUBMISSION], atty. Waudby has been contacted for a correction to this entry. ** (mpp) (Entered: 06/27/2005)
106 Order on re 90 MOTION for Partial Summary Judgment and to Limit Damages Available to Plaintiff Brittany Salter, 99 MOTION for Summary Judgment On All Claims Asserted By The EEOC On Behalf of Dawn Brooks, 93 MOTION for Partial Summary Judgment on Title VII and Assault and Battery Claims by or on Behalf of Pl Casey Thames, 96 MOTION for Summary Judgment On All Claims by the EEOC on Behalf of Rasla McCreary, 103 MOTION for Partial Summary Judgment On Title VII and Assault and Battery Claims by Pl. Valissa Boykin setting response time as follows: Response to S/J due by 7/25/2005. Replies to Response to S/J due by 8/8/2005. Motion to be taken under submission on 8/8/2005. Signed by Judge William H. Steele on 6/27/05. Copies to parties. (mpp) (Entered: 06/27/2005)
107 RESPONSE to Motion re: 85 Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement filed by U.S. Equal Employment Opportunity Commission. (Graham,

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John) (Entered: 06/29/2005)
REFERRAL OF 107 Response to Motion to Judge Steele. (tgw, ) (Entered: 06/30/2005)
108 Order amending the briefing schedule (Order, Doc. 106) regarding the pending motions for summary judgment. Responses due by 9/8/2005 for 90, 93, 96, 99 and 103. The Replies are due by 9/22/2005 for 90, 93, 96,99 and 103. Any additional Rule 56 Motions that Shoe Show may wish to submit must be filed by 8/11/05. Signed by Judge William H. Steele on 7/5/05. (tgw) (Entered: 07/06/2005)
109 REPLY Brief filed by Defendant Shoe Show, Inc., Plaintiffs Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Nickeya Betts, TaHarra Lett re: 86 Order,, Set Motion Deadlines/Hearings,, 107 Response to Motion, 85 Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement filed by Shoe Show, Inc., Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Nickeya Betts, TaHarra Lett. (Waudby, Sally) (Entered: 07/06/2005)
REFERRAL OF 109 Reply Brief to Judge Steele. (tgw) (Entered: 07/07/2005)
110 STIPULATION of Dismissal Filed Jointly by Individual Plaintiffs, Additional Named Class Members and Defendant by Shoe Show, Inc.. (Waudby, Sally) (Entered: 07/18/2005)
111 Joint MOTION for Consent Decree Entrance and Approval by Shoe Show, Inc.. (Attachments: # 1 Exhibit Consent Decree)(Waudby, Sally) (Entered: 07/18/2005)
REFERRAL OF 110 Stipulation of Dismissal to Judge Steele. (mpp) (Entered: 07/18/2005)
REFERRAL OF 111 Joint MOTION for Consent Decree Entrance and Approval to Judge Steele. (mpp) (Entered: 07/18/2005)
112 Order dismissing claims in accordance with the Joint Stipulation for Dismissal (doc. 110) filed by defendant Shoe Show of Rocky Mount, Inc. and plaintiffs Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts, Brittany Salter, Casey Thames, Angela Lett and TaHarra Lett, as well as additional named class members Dawn Brooks and Rasla McCreary. It is ordered that all claims and causes of action between these parties are DISMISSED WITH PREJUDICE, each party to bear her, his or its own costs and attorney's fees. Signed by Judge William H. Steele on 7/20/05. (tgw) (Entered: 07/21/2005)
113 CONSENT DECREE between EEOC and Shoe Show of Rocky Mount, Inc. Signed by Judge William H. Steele on 7/20/05. (tgw) (Entered: 07/21/2005)

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