IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Baltimore District Office

)

10 S. Howard Street, 3d Floor)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

)

)

THE GREAT ATLANTIC & PACIFIC )

TEA COMPANY, INC.,

)

245 W. Chase Street

)

Baltimore, Maryland 21202

)

Civil Action No. COM P L A I N T
JURY TRIAL DEMAND

Defendant.

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 retaliation, and to provide appropriate relief to Shirley Taylor who was adversely affected by such practices. As alleged with greater particularity in paragraph 7 below, the Commission alleges that Shirley Taylor was discharged in retaliation for engaging in protected activities.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is

authorized and instituted pursuant to Section 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) (IITitle VIlli) 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 Maryland, 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 Great Atlantic & Pacific Tea Company, Inc. (the "Employer"), has continuously been a Maryland corporation doing business in the State of Maryland and the City of Landover, 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, Shirley Taylor filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about June 19, 2003, Defendant Employer engaged in unlawful employment practices at its Landover, Maryland facility, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3. These practices include unlawfully discharging Shirley Taylor in retaliation for opposing discriminatory employment practices against a white, subordinate employee.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Shirley Taylor of equal employment opportunities and otherwise adversely affect her status as an employee, because of her opposition.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Shirley Taylor.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in retaliation;
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals who oppose discrimination, and which eradicate the effects of its past and present unlawful employment practices;
C. Order Defendant to make whole Shirley Taylor by providing appropriate back pay with prejudgment interest, in amounts to be proven at trial, rightful place reinstatement, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Defendant to implement non-discriminatory, objective, written policies and practices regarding the terms and conditions of employment and sign and conspicuously post, for a designated period of time, a notice to all employees that sets forth the remedial action required by the Court and inform all employees that it will not take any action against employees because they have exercised their rights under that statute;
E. Order Defendant to make whole Shirley Taylor by providing compensation for past pecuniary losses including job search expenses;
F. Order Defendant to make whole Shirley Taylor by

"
providing compensation for non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, embarrassment, frustration, and humiliation, in an amount to be proven at trial;
G. Order Defendant to pay to Shirley Taylor punitive damages for its callous indifference to her federally protected right to be free from retaliation in the workplace;
H. Grant such further relief as the Court deems necessary and proper; and
I. Award the Commission its costs in this action. 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
KIEL, Bar Regional Attorney

Supervisory Trial Attorney
ANDREW, Bar No.7756 Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4220

 
 UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE
February 9, 2005

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201
(410) 962-0782 (410) 962-2698 FAX

Memo To Counsel Re: EEOC v. The Great Atlantic & Pacific Tea Co., Inc. Civil No. JFM-04-3114
Dear Counsel:
I have reviewed the memoranda and other papers submitted in connection with defendant’s motion for summary judgment.
The motion is denied. The timing of Ms. Taylor’s discharge gives rise to a reasonable inference that (defendant’s assertion to the contrary not withstanding) the discharge was related to the John Sullivan incident. Of course, that incident (particularly when considered against the background of the other incidents in which Ms. Taylor had been involved) would have provided a legitimate basis for defendant to discharge Ms. Taylor, provided that all that was involved was her refusal to provide Mr. Berry and Mr. Bentley with legitimate documentation for the reasons for Mr. Sullivan’s shift assignments. By the same token, it would have been illegitimate for defendant to have discharged Ms. Taylor for refusing to fabricate a false document reciting reasons for Mr. Sullivan’s shift assignments.
Defendant characterizes Ms. Taylor’s averment that she was being asked to fabricate false documents as “self-serving speculation” and “subjective and speculative belief.” This characterization is based upon Ms. Taylor’s statement in paragraph 12 of her affidavit that she knew “that Mr. Bentley wanted me to fabricate documentation.” What defendant ignores is that in the preceding sentence Ms. Taylor states the basis for her purported knowledge: that Mr. Bentley “himself had verbally instructed me to move Mr. Sullivan to 3rd shift to force him to leave the company.”
I also have considered defendant’s argument that Ms. Taylor’s assertion is undermined by the fact that in her own email of June 3, 2003, she articulated an entirely nondiscriminatory reason for Sullivan’s shift change: “to implement the Preventive Maintenance Program and also to work on the parts project.” This is strong evidence against her. However, it seems to me that before discovery has been conducted, one must be prepared to accept the hypothesis that in writing this email Ms. Taylor was stepping gingerly, tactfully avoiding an express statement to her boss to the effect that “my only recollection is that Sullivan was transferred to another shift because you told me you wanted to get rid of him.”
Despite the informal nature of this ruling, it shall constitute an Order of Court, and the Clerk is

directed to docket it accordingly.

Very truly yours, /s/
J. Frederick Motz United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

*

v.
THE GREAT ATLANTIC & PACIFIC TEA CO., INC. tJa!EIGHT O'CLOCK COFFEE,

* Civil Action No.: JFM:04CV3114 *

SETTLEMENT AGREEMENT

This Settlement Agreement ("Agreement") is made by and among (1) THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., its present and former subsidiaries, divisions, affiliates, predecessors, successors and assigns, including EIGHT O'CLOCK COFFEE; its and their past and present officers, directors, or trustees, employees, agents, attorneys and shareholders (hereinafter throughout collectively "the Company"), and (2) the UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Its purpose is to resolve all issues raised by the Commission's Complaint against the Company, referenced below, without the time and expense of contested litigation and to promote and effectuate the purposes of Title VII. This Agreement shall not be construed as an admission by the Company of any discriminatory practice. Furthermore, this Agreement does not constitute a disavowal by EEOC of the allegations of the Complaint. I. GENERAL RECITALS:

On September 29, 2004, The Equal Employment Opportunity Commission ("the Commission"), filed a Complaint alleging that The Great Atlantic & Pacific Tea Company, Inc., ("the Company"), violated Section 704(a) of Title VII of the Civil Rights

1

Act of 1964, as amended, 42 U.S.C. §2000e-3, by discharging Shirley Taylor in retaliation for opposing unlawful employment practices. See, e.g., Equal Employment Opportunity Commission v. The Great Atlantic & Pacific Tea Company, Inc., Civil Action No. JFM:04CV3114, USDC, D. Md.
This Settlement Agreement resolves all issues and claims alleged or which could have been alleged in the Commission's Complaint against the Company in Civil Action No. JFM:04cv3114 based on the charge of discrimination filed by Shirley Taylor on or about September'26, 2003, EEOC Charge No. 120-2003-06466C. II. EFFECTIVE DATE AND DURATION
The effective date of this Settlement Agreement shall be the date upon which this Settlement Agreement is fully executed by the parties hereto. For purposes of the training and reporting set forth in Section IV, this Settlement Agreement shall continue in force and effect for a period of two (2) years from its effective date after which time it shall be void. Counsel for the Commission shall file this Settlement Agreement for the Court's approval. The parties agree that this Court retains jurisdiction for the purpose of enforcing this Agreement. III. RELIEF TO THE CHARGING PARTY
Within twenty-one (21) days after the execution of this Settlement Agreement by all parties, the Company shall pay to Shirley Taylor claimed back pay in the amount of thirty-eight thousand ($38,000.) less lawful deductions. Said amount shall be paid by check to the order of Shirley Taylor. In addition, contingent on Ms. Taylor's completion of the IRS Form W-9 attached hereto as Exhibit I and submission of the W-9 to the undersigned counsel for the Company, the Company shall pay to Shirley Taylor
2

--- -

_m --

"
claimed non-wage compensatory damages in the amount of forty seven thousand dollars ($47,000.) which sum shall be reported by the Company to the Internal Revenue Service on IRS form 1099. Both checks shall be sent to Shirley Taylor by first class mail, postage prepaid, return receipt requested to an address to be supplied by the Commission. A copy of each check shall be forwarded to counsel for the Commission.
The Company shall: (a) expunge from its personnel records information critical of Shirley Taylor, her character, competence or performance; (b) cause its personnel records to reflect that Shirley Taylor's separation from employment with the Company was by Ms. Taylor's resignation; and (c) designate an individual to respond to reference inquiries and to inform any individual who contacts the Company for a reference or recommendation with respect to Shirley Taylor that she performed her duties competently and that her separation from employment with the Company was by her resignation.
In consideration of payment of the foregoing sums and of the other commitments of the Company hereunder, this Settlement Agreement constitutes a full discharge and satisfaction of any and claims that have been alleged in the Complaint, Civil Action No. JFM:04CV3114, based on the EEOC's determination of retaliation for the charge of discrimination filed by Shirley Taylor, EEOC Charge No. 120-2003-06466C. IV. NON-RET ALIA TION:
The Company, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest agree that the Company shall not engage in retaliation of any kind against any person because of opposition to any practice made

3

unlawful under Title VII or because of the filing of a charge, the giving of testimony, assistance or participation in any investigation, proceeding or hearing under Title VII. V. TITLE VII TRAINING
A. To implement the Company's Equal Employment Opportunity ("EEO") policy, the Company has provided equal employment opportunity training for its managers and supervisors to equip them to deal with employees in a non-discriminatory manner. Future training shall consist of at least two workshops within two years from the date of the execution of this Agreement for corporate management at corporate headquarters. The person(s) who conduct the training shall address the prohibitions of retaliation against employees who assert EEO claims.
B. The Company shall continue its policy of posting at its facilities Company policies advising managers and supervisors of their obligation not to retaliate against any employee who opposes any practice made an unlawful employment practice under Title VII.
C. In each of the two years following the execution of this Settlement Agreement, the Company shall submit an annual written report to the EEOC which provides the following information:
1. Copies of all writings which document the Company's fulfillment of its obligations under this Section V.
2. A list of the employees who attend the training described in Section V (A) and an outline of the topics discussed during the training together with the name(s) and credentials of the person(s) who conduct the training.
4

-- --

COSTS

The parties shall bear their own costs and attorney's fees incurred in this action.

The undersigned counsel of record in the above-captioned action hereby consent, on

behalf of their respective clients, to the entry of this Settlement Agreement. FOR PLAINTIFF:

PeterF. Healey,"ESquire TIGHE PATTON ARMSTRONG TEASDALE
1747 Pennsylvania Ave., NW Washington, D.C. 20006 (202) 454-2813

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel

/fu~/tUxfJ

~~L
REGINA M. ANDREW Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Baltimore District Office 10 S. Howard Street, 3rdFIr. Baltimore, MD 2120I (410) 962-4220

5

W.9 Form

page 1 of 2 Taxpayer Identifi.cation NlumberRequest %ev.Sept.2003

B.-Notice Response

Part 1 - Tax Identification:

Please complete all three parts below.

Name:

If you are d SOLEPROPRIETOoRr SINGLE-OWNERllC

Required: Personal name of owner of the business: Optional: Business name if different from above:

Enter your TIN in the appropriate box. For individuals, this is your social security number (SSNj. For other entities. it is your employer identification number (EINj.

:~:-:~-: I

-- - - - -I OR ,~~, '~"'.~" '''00'

- Part 2 Exemption:

If exempt from Form 1099 reporting, ched your qualifying exemption reason below:

0 Corporation
Note that thcofc is no corporate exemption for medical and
healthcare paymentsof
payments for legal scrvice.s.

D Tax Exempt Entity
under 501 (a) (ioci!Jdes
5(j1 (c)(3». or IRA

D The United States or any of il5 agencies or instrumentalities

0 A state. the Disttict of
Columbia, a possc.ssior)of
thc United States. or any of
their political subdivisions or
agendes

D A foreign government Of
anyof its pol i'1cia Isubdivisions or
an international organization in whichthcUnited States
participates under a treaty or Act
01 Cong re ss

- Part 3 Certification: I certify under penalties of perjury that:

1. The number shown on this form is my correct taxpayer idL'fItification number (or lam waiting!or a number to bQ iSSUQdto me), and 2. I am I)ot subjNllo backup withholding because; (a) I am excmpt from backup withholding. or (b) Ihavc not been notilk..:! by the Internal Revenuc Service (IRS)that I
am subjectto backup withholding as a result of a failumto report all interest or dividends. or (c) the IRShas notified me lhatl am no longer subject to backup withholding and 3. I am a U.S. perron (including a U.S. resident alien).
Certification Instructions-You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.
Person completir\g Ihis form:

Signature: Address:

Date:

Phone: C

)

City:

State:

ZIP:

Instmltion.'i: vVeareaoout topayyouanammmt that may be reported to the Internal ReveIlueServire (IRS).The IRSwill match this amount to your tax return. In order to avoid additional IRSscrutiny, \ve mustprovide theIRS with your name and Taxpayer Identification 0!umber.111enamn\ooeneed is the name that you useonthc tax return thahviH reportthi'iamount i:Veare required byla\"v'to obtain this information from ymL

U .S. person. TIlis form may be used only by a U.S. person, inclu ding a resident ali en..Foreign perso l1'ishould fur rush us with the appropriate form \'\/-8.

Exempt from b,nkup withholding. On page 2 of this form isa chartshm'v'ing whoisexrnlptfrom h1ckup\\oithholding. Ifyou are exempt from backup withholding. indicate till: reason why in part 20fthis form, and w't:will not send you a Form '1099.
Penalties: '(our failure to provide a correct nameand Taxpayer Identification 0!umber may su~jectyourpayments to28W,fedtTal income tax backup \vithholding. Ifyou do not provide us \vith this information,. you may besul~jectto a $5CJpenalty ilnposed by IRSunder section 6723. Ifyou make a ffilsestatement with no reasonablebasis that results in 110back.up\vithhokling, youare su~jcct toa $.500civil penalty. Willfully falsifying certifications or affirmations ITlaYS1.11~ectyotuo crimina Ipenalties including t1nes and./br impri<;OllIl1Cnt.

Cunfidentiality: Ifwedisdose or use your Taxpayer Identification 0!umberinviolationofFederallaw, we maybesu~ject to civil

and crimi nal penal ties.

In.~tructi()m continued on Page 2

EXHIBIT

:bs

Please return this form in the enclosed envelope. Thank you for your cooperation Da

I

l:::C:<~"o~[' :~oc::u~hJ. "'[. . 8SB,21+'C':O I,Jay t,,, c.:,,{i<'. "'1'1"""-'

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reg''':.')' to c~".«i,"

Exempt From Backup Withholding

IIl~tructiOIl~ L'ontinued from Page 1

If you are exempt. enter your name as described above and check the appropriate box for your status. then check the "Exempt from backup ,...ithholding" box in the line following the business name.

Nonresident alien who becomes a resident alien. Generally. only a nonresident alien indr.4dual may use the terms of a tax

sign and date the form. Generally. individuals (including sole proprietors) are not exempt
from backup withholding. Corporations are exempt from backup withholding for certain payments. such as interest and dividends.

treaty to reduce or eliminate U.S. tax on certain types of income. However. most tax treaties contain a provision known as a "saving clause." Exceptionsspecified in the saving clallse may permit an exemptiOrflrom tax to continue for certain types of incomeeven after the

Note: If you are exempt from backup withholding. you silould stiU complete this form to avoid possible erroneous backup withholding" Exempt payees. Backupwithholding is not required on any payments made to the fOllo,...ing payees:
1. An organization exempt from tax under section S01(a). any IRA. or a custodial account under section 403 (b)(7) if the account satisfies the requirements of section 401(f)(2);
2. The United States or any of its agendes or instrumentalities; 3. A state. the District of Columbia. a possession of the United

recipienthas othelV.isebecome a U.S.resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income. you mllst attach a statement thatspedfies the following frve items:
1. The treaty country. Generally. this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains

States. or any of their political subdivisions or instrum entalities;
4. A foreign government or any of its political subdivisions. agencies, or instrumentalities; or
5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from
backup withholding include:
6. A corporation; 7. A foreign central bank of issue;
8. A dealer in securitie.s or commodities required to register in
the United States. the District of Columbia. or a possession of the United States;
9. A futures commission merchant registered with the Commodity Futures Trading Commission:
10. A real estate investment trust;
11. An entity registered at all times during the tax year under the Investment Company Act of 1940;
12. A common trust fund operated by a bank under section 584(a);
13. A finandal institution;
14. A middleman known in the investment community as a nominee or custodian; or
15. A trust exempt from tax under section 664 or described in section 4947.
The chart below .show'stypes of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above. 1 through 15.

the saving clause and its exceptions. 4. The type and amount of income that quaUfies for the exemption
from tax. 5. Sufficient fads to justify the exemption from tax ul\der the
terms of the treaty article. Example. Article 20 of the U.S.-chinaincome tax treaty allo\'vsan exemptioll lrom tax for scholarshipincome receivedby a Chinese student temporarilypresent in the United Slates. Under U.S.law. this student will becomea resident alien for tax purposes if his or her stay in the United States exceeds 5 cakmdar years. However. paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30,1984) allO\"Is the
provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States.A Chinese student who qualifiesfor this exception (under paragraph 2 of the first protocoOand is relying on this exception to claiman exemption from tax on his or her scholarshipor fellow'shipincomewould attach to FormW-9 a statement that includes the information described above to support
that exemption. If you are a nonresident alien or a foreign entity not subject to backup \'llithholding. givethe requester the appropriate completed Form W-8.
What is backup withholding? Persons making certain payments to
you must under certain conditions withhold and pay to the IRS28% of such paymeng. This is called "backup withholding." Payments that may be subjec1 to backup withholding include interest. dividends, broker and barter exchange transactions. rer\lS,royalties. nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you

If the payment is for. . .

THENthe payment is exempt
for. . .

Interestand dividend payments I All exempt recipients except for 9

receive if you give the requester your correct TIN.make the proper certifications. and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if:

Broker transactions
Barter exchange transactions and patronage dividends

Exempt recipients 1 through 13. Also. a person registered under Ule Investment AdvisersAct of 1940 who regularly acts as a broker
Exempt recipients 1 through 5

1. You do not furnish your TIN to the requester. or 2. You do not certify your TIN when required (seethe Part II
instructions on page 4 for details). or 3. TheIRStells the requesterthat you furnishedan incorrectTIN. Or
4. The IRStells you that you are subject to backup withhofding because you did not report all your interest and dividends on your tax return (for reportable interest and dr.tidends only). or

Payments over $600 required to be reported and direct
sales over $5.000 '

Generally, exempt recipients 1 through 7 2

1 S~ form 1099-MISC. Mis<e11aneou> Income. and it> irGtruction..
2 Howe..r, the following payment> made to a corporatianOnduding grass proceed. paid to an attorney under .ection 6045(f}. ewn if th.. attorney i. a corporation) and reportabl.. on form 1099-MISC are not exemptfram backup v-ithholding: meakal and health care paym..nt., attorney.;' fee.; and payment> far .elVices pilid by a, federal executwe agency.

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accour1tsopened after 198.3 only).
Certain payees and payments are exempt from backup withholding. See the instructions above and on the reverse.

Privacy Act Notice
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest dividend. and celtain

other payments to a payee Wll0 does not give a TIN to a payer. Certain penalties may also applY. Section 6109 of the Internal RevenueCode requiresyou to provide your correct TIN to persons who must file information returns with the IRS to report interest. dividends. and certain other income paid to you.

mortgage interest you paid, the acquisition or abandonment of secured property. cancellation of debt Cf contributions you made to an IRA or Archer MSA The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also pro...ide this information to the
Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. INe may also disclose this information to other countries under a tax treaty, or to Federaland state agenciesto enforce Federalnontax criminal law'Sand to combat terrorism.

 
 District of Maryland (CM/ECF Live 3.0) - Docket Report

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CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04-cv-03114-JFM

EEOC v. The Great Atlantic & Pacific Tea Company, Inc. Assigned to: Judge J. Frederick Motz Related Case: 1:05-cv-01211-JFM Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2004 Date Terminated: 07/14/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Regina Maria Andrew Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624220 Fax: 14109624270 Email: regina.andrew@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant
The Great Atlantic & Pacific Tea Company, Inc.

represented by Peter F Healey, Jr Tighe Patton Armstrong Teasdale PLLC 1747 Pennsylvania Ave NW Ste 300 Washington, DC 20006 12024542813 Fax: 12024542805 Email: phealey@tighepatton.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 09/29/2004 09/29/2004 11/01/2004 11/19/2004 12/01/2004 12/03/2004 12/07/2004 12/23/2004
01/10/2005 01/11/2005

#

Docket Text

1 COMPLAINT against The Great Atlantic & Pacific Tea Company, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 09/30/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 09/30/2004)
2 Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to The Great Atlantic & Pacific Tea Company, Inc., by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 09/30/2004)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. The Great Atlantic & Pacific Tea Company, Inc. waiver sent on 10/18/2004, answer due 12/17/2004. (Andrew, Regina) (Entered: 11/01/2004)
4 NOTICE of Appearance by Peter F Healey Jr on behalf of The Great Atlantic & Pacific Tea Company, Inc. (Healey, Peter) (Entered: 11/19/2004)
5 ANSWER to Complaint by The Great Atlantic & Pacific Tea Company, Inc..(Healey, Peter) (Entered: 12/01/2004)
6 Correspondence setting scheduling conference. (Attachments: # 1)(Motz, J.) (Entered: 12/03/2004)
7 Local Rule 103.3 Disclosure of Affiliations and Financial Interest. (Healey, Peter) (Entered: 12/07/2004)
8 MOTION for Summary Judgment by The Great Atlantic & Pacific Tea Company, Inc.. Responses due by 1/9/2005 (Attachments: # 1 Statement of Undisputed Material Facts# 2 Memorandum in Support of Summary Judgment# 3 Text of Proposed Order # 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5)(Healey, Peter) (Entered: 12/23/2004)
9 STIPULATION re 8 MOTION for Summary Judgment Extension of Time by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 01/10/2005)
10 Paperless ORDER granting re 9 Stipulation filed by Equal Employment Opportunity Commission,. Signed by Judge J. Frederick Motz on 1/11/05. (Motz, J.) (Entered: 01/11/2005)

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01/20/2005
02/03/2005 02/09/2005 02/09/2005 02/25/2005 02/25/2005 03/01/2005 06/01/2005 07/12/2005 07/13/2005 07/14/2005
08/17/2005 08/18/2005 11/16/2006

11 RESPONSE in Opposition re 8 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 2/3/2005. (Attachments: # 1 Appendix # 2 Exhibit Plaintiff Exhibit 1# 3 Exhibit Plaintiff Exhibit 2# 4 Exhibit Plaintiff Exhibit 3)(Andrew, Regina) (Entered: 01/20/2005)
12 REPLY to Response to Motion re 8 MOTION for Summary Judgment filed by The Great Atlantic & Pacific Tea Company, Inc.. (Healey, Peter) (Entered: 02/03/2005)
13 ORDER denying 8 Motion of Defendant for Summary Judgment. Signed by Judge J. Frederick Motz on 2/9/05. (jlb, Deputy Clerk) (Entered: 02/09/2005)
14 Correspondence setting scheduling conference. (Attachments: # 1)(Motz, J.) (Entered: 02/09/2005)
15 Correspondence confirming the matters discussed during the conference held today. (Motz, J.) (Entered: 02/25/2005)
16 ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Settlement or other ADR Conference. Signed by Judge J. Frederick Motz on 2/25/05. (jlb, Deputy Clerk) (Entered: 02/28/2005)
17 ORDER SETTING Date for Settlement Conference. Signed by Judge Susan K. Gauvey on 3/1/05. (Attachments: # 1 Mediation Letter)(jlb, Deputy Clerk) (Entered: 03/02/2005)
18 Settlement Conference - RESCHEDULING TO JULY 12, 2005, AT 9:30 A.M. (Gauvey, Susan) (Entered: 06/01/2005)
Settlement Conference held on 7/12/2005 before Judge Susan K. Gauvey. (jlb, Deputy Clerk) (Entered: 07/13/2005)
Judge Susan K. Gauvey no longer assigned to case. (jlb, Deputy Clerk) (Entered: 07/13/2005)
19 ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge J. Frederick Motz on 7/14/05. (jlb, Deputy Clerk) (Entered: 07/14/2005)
20 SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 08/17/2005)
21 PAPERLESS ORDER APPROVING 20 Settlement Agreement filed by Equal Employment Opportunity Commission. Signed by Judge J. Frederick Motz on 8/18/05. (jlb, Deputy Clerk) (Entered: 08/18/2005)
22 (FILED IN ERROR WRONG CASE) MOTION for Summary Judgment by The Great Atlantic & Pacific Tea Company, Inc..Responses due by 12/4/2006 (Attachments: # 1 Memorandum of Defendant, A&P, In Support of Motion for Summary Judgment# 2 Defendant A&P's Statement of Material Facts Not in Genuine Dispute# 3 Appendix Exhibits of Defendant A&P# 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit

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District of Maryland (CM/ECF Live 3.0) - Docket Report

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17)Associated Cases: 1:05-cv-01211-JFM, 1:04-cv-03114-JFM(Healey, Peter) Modified on 11/16/2006 (jlb, Deputy Clerk). (Entered: 11/16/2006)

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