01-21-04 11 ;48am From-EEOC SEDO

20B 110 g911 4l1li T-l08 P.004/00B F-550

1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY

'.. ,...

2

ECQAURAMLENEMFLPLOORYESM, ESNETNIOOPRPTORRITAULNAITTYTOCRONMEMYlSSION [I' ~,)-~r 2 I

I ,)

I

I.'"it

l;: O:.'J-

3 909 FIRST AVENlJ'E, SUITE 400

':,:. I

Ib

SEATTLE) WA 98104

CAf---'IL.:,.?\ ";1. i;lii~-Kt:'--

4 TEL: (206) 220-6920

CLlRII

I, IIlMiO

5 ATTORNEYS FOR PLAlNI'IFF

6

7

8

9

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

10
11 EQUAL EMPLOYMENT OPPORTUNITY
12 COMMISSION,

-
CIV 04- 478 - ~- LMB

)

)

)

CIVIL ACTION NO.

13

Plaintiff,

~

COMPLAINT

14

v.

~

JURy TRIAL DEMAND

15 HOLLyWOOD ENTERTAINMENT

CORPORATION,

16

Defendant.

1

17

)

18

NATURE OF THE ACTION

19 This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of

20 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and

21
to provide appropriate relief to Suzanne Yorgensen, who was adversely affected by such practices.

22 The Equal Employment Opportunity Commission alleges that Hollywood Entertainment Corporation

23 ("defendant" or ''Hollywood Video''), discriminated against Mrs. Yorgensen, II. qualified individual

24 with II. disabiliry, when it failed to promote her and forced her to constructively discharge, all because

25 of her disability.

26

27

COMPLAINT-PAGE I

IQUAL EMPLOVMENT OJ:tPORWNITY COMMISSiON SIalClt\I~ Di!l-tI'l~ Offtee
F~=:!I om~e BuH[JH'I!l
goe Flrlil A\'et1uo! Suite 400 ~c;'1IC;, W;ssl'1lnglOn ~e.1D4-10'1
T~.pn!)l\e ~Ce) :I!~8'3
Fax ~QEi) ~i2.C ••111 -roC (,z0lii) ~Cl.~80:il

08-21-04 11 :48.0 From-EEOC SEDO ~

206 220 6911 ~ T-10e P.OOI/OOS F-550

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

3 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Atnericans with

4 Disabilities Act of 1990 (IAbA"), 42 U.S.C. § 12117(a), which incorporates by reference Section

5 706(£)(1) and (3) ofTitle VII ofthe Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(1)(1) and (3)

6 ("Title VTIn), and pursuant to Section 102 ofthe Civil Fights Act of 1991,42 US.c. § 1981a.

7

2. The employment practices alleged to be unlawful were committed wi\hin the

8 .urisdictiOIl of the United States District COLIrt for the District of Idaho.

9

PARTIES

10

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the

11 agency of the United States of America charged with the administration, interpretation and

12 enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a)

13 of the ADA, 42 U.S.c. § 12117(a), which incorporates by reference Sections 706(1)(1) and (3) of
vn. 14 Title 42 U.S.C. 2000e-5(t)(1).

1 S

4. At all relevant times, defendant Hollywood Entertainment Corporation has

16 continuously been doing business in the State of Idaho and has continuously had at least 15

17 employees.

18

5. At all relevant times, defendant has continuously been an employer engaged in en

19 industry affecting cOIlUIlerce under Section 101(5) of the ADA. 42 U.S.C.§ 12111(5), and Section

20 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701 (g) and (b) of

21 Title VIl, 42 U.S.C. §§ 2000e(g) and (h).

22

6. At all relevant times, defendant has been a covered entity under Section 101(2) of the

23 ADA, 42 U.S.C. § 12111(2).

24

STATEMENT OF CLAlMS

25

7. More than thirty days prior to the institution of this lawsuit, Suzanne Yorgensen filed a

26 charge with the COIDlDission alleging violatiollS of Title I of the ADA by defendant. All conditions

27 precedent to the institution of this lawsuit have been fulfilled.

COMPLAINT· PAOE 2

EQUAl. IIMPLOYMIiNT OF'PORTUNI"r'Y' COMMISSION SII:;$tue Dletrtr;n: OfPIc;:o "'(lcleml Offi~ Eluilclln!il
ij09 FM"$l Avl!ni& Sl.Il(i 41;10 :5I1III.t~II•• WllcminijlOtl 961Q4-,I;II1
'l'(!h:pMn" (2Q6J.22o-eies3 FtD: (2CE:i) ~o-e;g11. TeO (20e) Z~o.Ga82

08-%1-04 11 :49a. FrDm-EEOC SEDO ~

Z08 ZZO 6911 ~ T-10! P.OOS/OOS F-550

1

8. Since at least November 25,2001, defendant has engaged in unlawful employment

2 practices at its Boise area facilities, in violation of Sections 102(a) ofTitle I ofthe ADA, 42 U.S.C. §

3 12112(a). Suzanne Yorgensen is disabled under the ADA in that she is hearing impaired. The

4 defendant discriminated against Mrs. Yorgeosel1, a qualified individual with a disability, when it

5 failed to promote her and forced her to constructively discharge, all becaUlie of her disability in

6 violation of Sections 102(a) of the ADA.

7

9. The effect of the practices complained oiin paragraph 8 above has been tQ deprive

8 Mrs. Yorgensen of equal employment opportunities and otherwise adversely affect ber status as an

9 employee, because ofher disability.

10

10. The unlawful employment practices complained of in paragraph 8 above were and are

11 intentional. 12

pRAYER POR RELIEF

13

Wherefore, the Comznissjon respectfully requests that this Court:

14

A. Grant a pexmanent injunction enjoining defendant, its officers, agents, successors,

15 assigns, and all persons in active concert or participation with it, from unlawfully failing to provide

16 equal employment opportunities to employees with disabilities and to accommodate employees'

17 disabilities, and any other employment practice which discriminates on the basis of disability.

18

B. Order defendant to institute and carry out policies, practices, and programs which

19 provide equal employment oppormnities for qualified individuals with disabilities, and which

20 eradicate the effects ofits past and present unlawful employment practices.

21

c. Order defendant to make whole Suzanne Yorgensen by providillg appropriate back pay

22 with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary

23 to eradicate the effscts of its unlawful employment practices.

24

D. Order defendant to make whole Suzanne Yorgensen by providiDg compensation for

25 past and future pecuniary losses resulting from the unlawful employment praotices described in

26 aragraph 8 above, including past and future out-Of-pocket losses, in amoLUlts to be determined at

27 trial.

EQUAL ~MPLOYM.NT OPPORTUNITY COMMISSION

s ••nhll Dlst.-itt Offic&

lI'_d.ra\ ONIce BUilding

908 flffit 1\\,1''''1,11;, &.lIte 40Q

ao63 Sic:gwe. Waal1lnglgl1 9i10'.I081

T4IlilpnonQ

220-8Bfl~

fill( (ZCIi, .no.61;111

TOD (201!1l :i112Q,eeaz

09-21-04 11 :4iam From-EEOC SEPO •

4l1li 206 220 6911

T-Ioa P-007/008 F-SSO

1

E. Order defendant to make whole Suzanne Yorgensen by providing compensation for

2 past and futw-e non-pecuniary losses resulting from the unlawful p-ractices complained ofin paragraph

3 8 above, including emotional pain, BuffeTing, inconvenience, loss of enjoyxnent of life, and

4 humiliation, in amounts to be determined at trial.

5

F. Order defendant to pay SU2anne Yorgensen punitive damages for its malicious and

6 reckless conduct, as described in paragraph 8 above in amounts to be determined at trial.

7

G. Grant such further relief as the Court deems necessary and proper in the public interest.

8

H. Award the Commission its costs of this action.

9 II

10 II

11 II

12 II

13 II

14 /I

15 /I

16 /I

17 II

18 1/

19 /I

20 !

21 II

22 /I

23 /I

24 II

25 II

26 II

27

COMPLATNT - PAGE 4

EQUAL EMP~oYNI~NT oppORTUNITY ~OMMJSaOION Sliraht District QrnQID: Fed!!ra1 ornce BUI!c;llng
goB F"I~ A\refluB. SUite 400
SewtUll:, W:I:ll'llnQ10t1 ~8~O+1DIii1
TIII_phon.,Zg!) ua."1iI3
Fax (2CEi) 22~' ~ TDD (ZI;ISJ ~O·fJ8e2

08-21-0( 11 :(8am FrorEEOC seDO •

loe 110 6911 ~ T-10S P.OOB/OOB F-530

I

JURY TRIAL DEMAND

2

The Con:unission requests a jury trial on all questions offact raised by its complaint.

3

Jriarol.w. DATED this ~ l"§t day of

,2004.

4
5 LUIS LUCERO, m.. IIReigiOflial Attorney
6 7 1I~llIn~"~01V

ERlC S. DREIBAND General Counsel
JAMESL.LEE
Deputy General Cou.w;el

8.IICA.RM[EN FLORES IISelllor Trial Attorney
9

GWENDOLYN Y. REAMS Associate General Counsel

lOII~Ai~~~~~~~~~

11 IIISI~ C~~~D~i~;i~c~t~Office

12

Avenue, Suite 400

13 1I1I1S.:l~~h~;w~,(2as0h6jn)g2to2n09-68912004

Office of the General Counsel
1801 "L" Street NW
Washington, D.C. 20507

14 Anomeys for Plaintiff
15

16

17

18

19

20

21

22

23

24

25

26

27

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JUDO~

 
 A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 12 CARMEN FLORES, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 4 TEL: (206) 220-6920

5 ATTORNEYS FOR PLAINTIFF

6

7

8

9

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

10

11 EQUAL EMPLOYMENT OPPORTUNITY
12 COMMISSION,

13

Plaintiff,

14

v.

15 HOLLYWOOD ENTERTAINMENT CORPORATION,
16 Defendant.
17

)

)

)

CASE NO. CV-04-478-E-BLW

)

)

AMENDED COMPLAINT

)

)

JURY TRIAL DEMAND

)

)

)

)

)

18 NATURE OF THE ACTION
19 This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of
20 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and
21 to provide appropriate relief to Suzanne Yorgensen, who was adversely affected by such practices.
22 The Equal Employment Opportunity Commission alleges that Hollywood Entertainment Corporation
23 (“defendant” or “Hollywood Video”), discriminated against Mrs. Yorgensen, a qualified individual
24 with a disability, when it failed to promote her and forced her to constructively discharge, all because
25 of her disability.
26

27

AMENDED COMPLAINT - PAGE 1

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

JURISDICTION AND VENUE

12

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

3 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with

4 Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Section

5 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(1) and (3)

6 ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

7

2. The employment practices alleged to be unlawful were committed within the

8 jurisdiction of the United States District Court for the District of Idaho.

9

PARTIES

10

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the

11 agency of the United States of America charged with the administration, interpretation and

12 enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a)

13 of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of

14 Title VII, 42 U.S.C. 2000e-5(f)(1).

15

4. At all relevant times, defendant Hollywood Entertainment Corporation has

16 continuously been doing business in the State of Idaho and has continuously had at least 15

17 employees.

18

5. At all relevant times, defendant has continuously been an employer engaged in an

19 industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section

20 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of

21 Title VII, 42 U.S.C. §§ 2000e(g) and (h).

22

6. At all relevant times, defendant has been a covered entity under Section 101(2) of the

23 ADA, 42 U.S.C. § 12111(2).

24

STATEMENT OF CLAIMS

25

7. More than thirty days prior to the institution of this lawsuit, Suzanne Yorgensen filed a

26 charge with the Commission alleging violations of Title I of the ADA by defendant. All conditions

27 precedent to the institution of this lawsuit have been fulfilled.

AMENDED COMPLAINT - PAGE 2

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

8. Since at least November 25, 2001, defendant has engaged in unlawful employment

12 practices at its Idaho Falls facility, in violation of Sections 102(a) of Title I of the ADA, 42 U.S.C. §

3 12112(a). Suzanne Yorgensen is disabled under the ADA in that she is hearing impaired. The

4 defendant discriminated against Mrs. Yorgensen, a qualified individual with a disability, when it

5 failed to promote her and forced her to constructively discharge, all because of her disability in

6 violation of Sections 102(a) of the ADA.

7

9. The effect of the practices complained of in paragraph 8 above has been to deprive

8 Mrs. Yorgensen of equal employment opportunities and otherwise adversely affect her status as an

9 employee, because of her disability.

10

10. The unlawful employment practices complained of in paragraph 8 above were and are

11 intentional.

12

PRAYER FOR RELIEF

13

Wherefore, the Commission respectfully requests that this Court:

14

A. Grant a permanent injunction enjoining defendant, its officers, agents, successors,

15 assigns, and all persons in active concert or participation with it, from unlawfully failing to provide

16 equal employment opportunities to employees with disabilities and to accommodate employees’

17 disabilities, and any other employment practice which discriminates on the basis of disability.

18

B. Order defendant to institute and carry out policies, practices, and programs which

19 provide equal employment opportunities for qualified individuals with disabilities, and which

20 eradicate the effects of its past and present unlawful employment practices.

21

C. Order defendant to make whole Suzanne Yorgensen by providing appropriate back pay

22 with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary

23 to eradicate the effects of its unlawful employment practices.

24

D. Order defendant to make whole Suzanne Yorgensen by providing compensation for

25 past and future pecuniary losses resulting from the unlawful employment practices described in

26 paragraph 8 above, including past and future out-of-pocket losses, in amounts to be determined at

27 trial.

AMENDED COMPLAINT - PAGE 3

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

E. Order defendant to make whole Suzanne Yorgensen by providing compensation for

12 past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph

3 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and

4 humiliation, in amounts to be determined at trial.

5

F. Order defendant to pay Suzanne Yorgensen punitive damages for its malicious and

6 reckless conduct, as described in paragraph 8 above in amounts to be determined at trial.

7

G. Grant such further relief as the Court deems necessary and proper in the public interest.

8

H. Award the Commission its costs of this action.

9 //

10 //

11 //

12 //

13 //

14 //

15 //

16 //

17 //

18 //

19 //

20 //

21 //

22 //

23 //

24 //

25 //

26 //

27

AMENDED COMPLAINT - PAGE 4

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

JURY TRIAL DEMAND

12

The Commission requests a jury trial on all questions of fact raised by its complaint.

3

DATED this 9th day of March , 2005.

4

5 A. LUIS LUCERO, JR. Regional Attorney
6 KATHRYN OLSON
7 Supervisory Trial Attorney

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

8 CARMEN FLORES Senior Trial Attorney
9

GWENDOLYN Y. REAMS Associate General Counsel

10 BY:

/s/ A. Luis Lucero

EQUAL EMPLOYMENT OPPORTUNITY

11 COMMISSION

Seattle District Office

12 909 First Avenue, Suite 400

Seattle, Washington 98104

13 Telephone (206) 220-6920

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

14 Attorneys for Plaintiff
15

16

17

18

19

20

21

22

23

24

25

26

27

AMENDED COMPLAINT - PAGE 5

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 
 1 WILLIAM R. TAMAYO, REGIONAL ATTORNEY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2 SAN FRANCISCO DISTRICT OFFICE 350 THE EMBARCADERO, SUITE 500
3 SAN FRANCISCO, CA 94105-1260 TEL: (415) 625-5600
4 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY
5 CARMEN FLORES, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
6 909 FIRST AVENUE, SUITE 400 SEATTLE, WASHINGTON 98104
7 TELEPHONE: (206) 220-6920

8

9

10

UNITED STATES DISTRICT COURT

11

FOR THE DISTRICT OF IDAHO

12

13 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

14

)

)

15

Plaintiff,

)

and

)

16

)

SUZANNE YORGENSEN,

)

17

)

Plaintiff Intervenor )

18

)

v.

)

19

)

)

20 HOLLYWOOD ENTERTAINMENT

)

CORPORATION,

)

21

)

Defendant.

)

22

)

CIVIL NO. 04-478-E-BLW
[Proposed] CONSENT DECREE AND ORDER OF DISMISSAL

23

I. INTRODUCTION

24

1. This action originated with a charge of discrimination filed by Suzanne Yorgensen

25 with the Idaho Human Rights Commission (“IHRC”), alleging violations of Title I of the

CONSENT DECREE - PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 (“ADA”).

2

2. The charge was initially investigated by IHRC and then transferred to the Equal

3 Employment Opportunity Commission (“EEOC”) which issued a Determination finding

4 reasonable cause to believe that Hollywood Entertainment Corporation (“Hollywood

5 Entertainment” or “Defendant”) discriminated against Suzanne Yorgensen, a qualified individual

6 with a disability, when it failed to provide a reasonable accommodation to her, failed to promote

7 her and then constructively discharged her because of her disability.

8

3. The EEOC filed this lawsuit in the United States District Court for the District of

9 Idaho on September 21, 2004. EEOC alleges that Hollywood Entertainment violated the ADA

10 by subjecting Ms. Yorgensen to unlawful discriminatory practices.

11

4. The Commission and Hollywood Entertainment want to fully and finally conclude all

12 claims arising out of the above charge without the expenditure of further resources and expenses

13 in contested litigation. They agree that entry of this Consent Decree will be in the interest of the

14 parties and will further the objectives of the anti-discrimination provisions under the ADA.

15

II. JURISDICTION AND VENUE

16

5. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

17 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans

18 with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference

19 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(1)

20 and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

21 1981a. The employment practices alleged to be unlawful were committed within the jurisdiction

22 of the United States District Court for the District of Idaho.

23

III. NON-ADMISSION OF LIABILITY

24

6. This Consent Decree is not an adjudication or finding on the merits of this case, shall

25 not be admissible in any other action except one to enforce the provisions of this Consent Decree

CONSENT DECREE - PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 and shall not be construed as an admission by Hollywood Entertainment of a violation of the

2 ADA.

3

IV. PURPOSE OF THE AGREEMENT

4

7. The parties have entered into this Consent Decree in order to achieve the following

5 purposes:

6

a. To assure the implementation of policies and procedures which prohibit

7

Hollywood Entertainment from discriminating and retaliating against employees

8

because of their disability.

9

b. To assure that Hollywood Entertainment implements and promotes an anti-

10

discrimination policy and complaint procedure to effectively prevent

11

discrimination and to address and correct such alleged discrimination.

12

c. To assure that Suzanne Yorgensen is compensated for alleged losses suffered

13

in connection with her employment by Hollywood Entertainment.

14

d. To avoid time, expense and uncertainty of further litigation.

15

V. GENERAL PROVISIONS

16

8. This Consent Decree is intended to and does effectuate the full, final, and complete

17 resolution of all allegations of unlawful employment practices and discrimination encompassed

18 by the original discrimination charge, and the EEOC Complaint filed in EEOC v. Hollywood

19 Entertainment Corp., Civil No. 04-478-E-BLW.

20

9. This Consent Decree constitutes the complete understanding between the EEOC and

21 Hollywood Entertainment with respect to matters herein. It is expressly agreed that if EEOC

22 concludes that Hollywood Entertainment has failed to comply with this Consent Decree, the

23 Commission may bring an action in the United States District Court for the District of Idaho to

24 enforce the Consent Decree as provided in paragraph 21 below.

25

CONSENT DECREE - Page 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

VI. MONETARY RELIEF

2

10. Hollywood Entertainment agrees to pay Suzanne Yorgensen $70,000.00, representing

3 all monetary damages, attorney’s fees, expenses and costs sought through the EEOC’s Complaint

4 and Ms. Yorgensen’s state court Complaint. Payment of the settlement amount will be handled

5 between Ms. Yorgensen’s private counsel and counsel for Hollywood entertainment.

6

VII. INJUNCTIVE RELIEF

7 A. Compliance with the ADA

8

11. Hollywood Entertainment reaffirms its commitment to comply with the ADA and

9 other federal anti-discrimination statutes. In furtherance of the commitment, Hollywood

10 Entertainment will comply with the affirmative obligations of this Consent Decree. Hollywood

11 Entertainment agrees that it will not discriminate against any employee because of disability in

12 any employment decision.

13

12. Hollywood Entertainment will not retaliate against any employee for making a charge

14 of discrimination or for testifying, assisting, or participating in any investigation, proceeding, or

15 hearing associated with this lawsuit.

16

13. In recognition of its obligations under the ADA, Hollywood Entertainment will

17 institute the policies and practices set forth below.

18 B. Policy Against Discrimination

19

14. Hollywood Entertainment shall continue to maintain its current anti-discrimination

20 policies, procedures, and training for employees, supervisors, and management personnel and

21 will provide equal employment opportunities for all employees. Hollywood Entertainment will

22 work with its District Managers responsible for the Ammon, Idaho store and the Store Directors

23 at the Ammon, Idaho store in order to prevent discrimination in employment under the ADA and

24 so they understand the employer’s obligation to engage in the interactive process, and to ensure

25 that they understand its Equal Employment Opportunity policies and how those policies define

CONSENT DECREE - Page 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 and identify what constitutes discrimination. A written copy of Hollywood Entertainment’s EEO

2 policy, including any policy prohibiting disability based discrimination, will be distributed to all

3 its employees employed at the Ammon, Idaho store. This policy will include information on the

4 alternative steps employees can take to request disability accommodation.

5 C. Training

6

15. Hollywood Entertainment will develop and present to the District Manager

7 responsible for the Ammon, Idaho Store and the Store Director at the Ammon, Idaho store ADA

8 training each year during the duration of this Consent Decree. The cost of the training shall be

9 borne by the company.

10

16. The training will focus on conducting individualized assessments of employees with

11 disabilities and handling requests for reasonable accommodation. The first training shall take

12 place within in ninety (90) days after entry of this Consent Decree.

13

17. Hollywood Entertainment will retain a record of the training programs, including

14 dates held and persons who attend.

15 D. Reporting

16

18. One year following the entry of this decree and every year thereafter for the duration

17 of the Decree, Hollywood Entertainment will report to the EEOC Seattle District Office. The

18 report will contain the following information:

19

a. Certification of the completion of the training (referenced in ¶ 16) each year, with a list

20 of attendees;

21

b. Certification that its EEO policy has been distributed to all Ammon, Idaho store

22 employees;

23

c. A list of any changes, modifications, revocations or revisions to its EEO policies and

24 procedures which concern or affect the subjects of discrimination based on disability and

25 reasonable accommodation; and

CONSENT DECREE - Page 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

d. A summary of all complaints of disability based employment discrimination, if any,

2 which have been lodged by any applicant or current or former employee at the Ammon, Idaho

3 store internally, through a grievance system, or with any governmental agency, and the resolution

4 of each complaint.

5 E. Records

6

19. Hollywood Entertainment will remove any information related to Suzanne

7 Yorgensen’s resignation, discrimination charge or lawsuit in her personnel file and will not add

8 any information or references regarding any charge of discrimination or this lawsuit to Ms.

9 Yorgensen’s personnel File.

10 F. Posting of Notice

11

20. Within sixty (60) days after entry of this Consent Decree, Hollywood Entertainment

12 will post a copy of the Notice of Settlement (Attachment 1) at the Ammon, Idaho store in all

13 areas at this location where the Defendant posts information on employment policies and other

14 pertinent employee information, and will maintain this posting for the life of the Consent Decree.

15

VIII. ENFORCEMENT

16

21. If the EEOC concludes that Hollywood Entertainment has breached this agreement, it

17 may bring an action in the United States District Court for the District of Idaho to enforce this

18 Consent Decree. Before bringing an action for breach of the decree, the EEOC shall first give

19 Hollywood Entertainment ten (10) days notice of the perceived breach. The EEOC and

20 Hollywood Entertainment shall use that 10-day period for good faith efforts to resolve the matter.

21

IX. RETENTION OF JURISDICTION

22

22. The United States District Court for the District of Idaho shall retain jurisdiction over

23 this matter for the duration of the Consent Decree.

24

X. DURATION AND TERMINATION

25

23. This decree shall be in effect (2) two years, commencing with the date the decree is

CONSENT DECREE - Page 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 filed. If the EEOC petitions the Court for breach of agreement, and the Court finds Hollywood

2 Entertainment to be in violation of the terms of the Consent Decree, the Court may extend this

3 Consent Decree for a reasonable period of time.

4

XI. CONCLUSION

5

24. The provisions of this Consent Decree are not binding on the parties until an

6 authorized representative of each party signs and the Court enters the Consent Decree.

7

The forgoing terms and conditions are agreed upon and stipulated to the 17th day of

8 February , 2006.

9

10 Respectfully submitted,

11 WILLIAM A. TAMAYO Regional Attorney
12 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
13 SAN FRANCISCO DISTRICT OFFICE 350 THE EMBARCADERO, SUITE 500
14 SAN FRANCISCO, CA 94105-1260 TEL: (415) 625-5600
15 KATHRYN OLSON
16 Supervisory Trial Attorney

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

17 CARMEN FLORES Senior Trial Attorney
18

19 BY: /s/ William A. Tamayo EQUAL EMPLOYMENT OPPORTUNITY
20 COMMISSION Seattle Field Office
21 909 First Avenue, Suite 400 Seattle, Washington 98104
22 Telephone (206) 220-6920

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

23

Attorneys for Plaintiff EEOC

24

25

CONSENT DECREE - Page 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 BY: /s/ Jeff A. Lee
2 JEFF A. LEE MAYNARD COOPER & GALE, P.C.
3 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North
4 Birmingham, Alabama 35203 (205) 254-1000
5 Attorneys for Defendant
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

CONSENT DECREE - Page 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

2

ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION

3 The Court having considered the foregoing stipulated agreement of the parties, HEREBY

4 ORDERS THAT the foregoing settlement agreement is approved as the final decree of this Court

5 in full settlement action. This lawsuit is hereby dismissed with prejudice and without cost or

6 attorneys’ fees to any party. The Court retains jurisdiction of this matter solely for purposes of

7 enforcing the Consent Decree approved herein.

8

DATED this ___________ day of _______________, 2006.

9

10

_____________________________________

11

UNITED STATES DISTRICT JUDGE

12

13

14

15

16

17

18

19

20

21

22

23

24

25

CONSENT DECREE - Page 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

Exhibit 1
NOTICE TO EMPLOYEES
The U.S. Equal Employment Opportunity Commission and Hollywood Entertainment Corporation d/b/a Hollywood Videos have agreed to a Consent Decree that has been entered pursuant to an Order of the United States District Court for the District of Idaho in the case of EEOC & Yorgensen v. Hollywood Entertainment Corporation, Civ. No. 04478-E-BLW. This notice has been posted pursuant to the Order.
Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 are enforced by the EEOC and require the following:
That there be no discrimination against any employee or applicant for employment because of the employee's race, sex, color, religion, national origin, age (over age 40), or disability with respect to hiring, firing, compensation, or other terms, conditions or privileges of employment. It is an unlawful employment practice for an employer to retaliate against any employees or applicants for employment because they have opposed a practice or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under these statutes. Any employee who is found to have retaliated against any other employee because such employee participated in this lawsuit will be subject to substantial discipline up to and including immediate discharge. Hollywood Entertainment Corporation has posted this notice because the company supports and will comply with these federal laws in all respects and will not take any retaliatory action against employees because they have exercised their rights under the law. DATED
Hollywood Entertainment Corporation

 
 1 WILLIAM R. TAMAYO, REGIONAL ATTORNEY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2 SAN FRANCISCO DISTRICT OFFICE 350 THE EMBARCADERO, SUITE 500
3 SAN FRANCISCO, CA 94105-1260 TEL: (415) 625-5600
4 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY
5 CARMEN FLORES, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
6 909 FIRST AVENUE, SUITE 400 SEATTLE, WASHINGTON 98104
7 TELEPHONE: (206) 220-6920

8

9 IN THE UNITED STATES DISTRICT COURT
10 FOR THE DISTRICT OF IDAHO
11

12

EQUAL EMPLOYMENT OPPORTUNITY

)

13 COMMISSION,

)

Case No. CV-04-478-E-BLW

)

14

)

CONSENT DECREE AND

Plaintiff,

)

ORDER OF DISMISSAL

15 and

)

)

16 SUZANNE YORGENSEN,

)

)

17

Plaintiff Intervenor )

)

18

v.

)

)

19

)

HOLLYWOOD ENTERTAINMENT

)

20 CORPORATION,

)

)

21

Defendant.

)

)

22

I. INTRODUCTION

23

1. This action originated with a charge of discrimination filed by Suzanne Yorgensen

24

with the Idaho Human Rights Commission (“IHRC”), alleging violations of Title I of the

25

CONSENT DECREE - PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 (“ADA”).

2

2. The charge was initially investigated by IHRC and then transferred to the Equal

3 Employment Opportunity Commission (“EEOC”) which issued a Determination finding

4 reasonable cause to believe that Hollywood Entertainment Corporation (“Hollywood

5 Entertainment” or “Defendant”) discriminated against Suzanne Yorgensen, a qualified individual

6 with a disability, when it failed to provide a reasonable accommodation to her, failed to promote

7 her and then constructively discharged her because of her disability.

8

3. The EEOC filed this lawsuit in the United States District Court for the District of

9 Idaho on September 21, 2004. EEOC alleges that Hollywood Entertainment violated the ADA

10 by subjecting Ms. Yorgensen to unlawful discriminatory practices.

11

4. The Commission and Hollywood Entertainment want to fully and finally conclude all

12 claims arising out of the above charge without the expenditure of further resources and expenses

13 in contested litigation. They agree that entry of this Consent Decree will be in the interest of the

14 parties and will further the objectives of the anti-discrimination provisions under the ADA.

15

II. JURISDICTION AND VENUE

16

5. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

17 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans

18 with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference

19 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(1)

20 and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

21 1981a. The employment practices alleged to be unlawful were committed within the jurisdiction

22 of the United States District Court for the District of Idaho.

23

III. NON-ADMISSION OF LIABILITY

24

6. This Consent Decree is not an adjudication or finding on the merits of this case, shall

25 not be admissible in any other action except one to enforce the provisions of this Consent Decree

CONSENT DECREE - PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 and shall not be construed as an admission by Hollywood Entertainment of a violation of the

2 ADA.

3

IV. PURPOSE OF THE AGREEMENT

4

7. The parties have entered into this Consent Decree in order to achieve the following

5 purposes:

6

a. To assure the implementation of policies and procedures which prohibit

7

Hollywood Entertainment from discriminating and retaliating against employees

8

because of their disability.

9

b. To assure that Hollywood Entertainment implements and promotes an anti-

10

discrimination policy and complaint procedure to effectively prevent

11

discrimination and to address and correct such alleged discrimination.

12

c. To assure that Suzanne Yorgensen is compensated for alleged losses suffered

13

in connection with her employment by Hollywood Entertainment.

14

d. To avoid time, expense and uncertainty of further litigation.

15

V. GENERAL PROVISIONS

16

8. This Consent Decree is intended to and does effectuate the full, final, and complete

17 resolution of all allegations of unlawful employment practices and discrimination encompassed

18 by the original discrimination charge, and the EEOC Complaint filed in EEOC v. Hollywood

19 Entertainment Corp., Civil No. 04-478-E-BLW.

20

9. This Consent Decree constitutes the complete understanding between the EEOC and

21 Hollywood Entertainment with respect to matters herein. It is expressly agreed that if EEOC

22 concludes that Hollywood Entertainment has failed to comply with this Consent Decree, the

23 Commission may bring an action in the United States District Court for the District of Idaho to

24 enforce the Consent Decree as provided in paragraph 21 below.

25

CONSENT DECREE - Page 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

VI. MONETARY RELIEF

2

10. Hollywood Entertainment agrees to pay Suzanne Yorgensen $70,000.00,

3 representing all monetary damages, attorney’s fees, expenses and costs sought through the

4 EEOC’s Complaint and Ms. Yorgensen’s state court Complaint. Payment of the settlement

5 amount will be handled between Ms. Yorgensen’s private counsel and counsel for Hollywood

6 entertainment.

7

VII. INJUNCTIVE RELIEF

8 A. Compliance with the ADA

9

11. Hollywood Entertainment reaffirms its commitment to comply with the ADA and

10 other federal anti-discrimination statutes. In furtherance of the commitment, Hollywood

11 Entertainment will comply with the affirmative obligations of this Consent Decree. Hollywood

12 Entertainment agrees that it will not discriminate against any employee because of disability in

13 any employment decision.

14

12. Hollywood Entertainment will not retaliate against any employee for making a

15 charge of discrimination or for testifying, assisting, or participating in any investigation,

16 proceeding, or hearing associated with this lawsuit.

17

13. In recognition of its obligations under the ADA, Hollywood Entertainment will

18 institute the policies and practices set forth below.

19 B. Policy Against Discrimination

20

14. Hollywood Entertainment shall continue to maintain its current anti-discrimination

21 policies, procedures, and training for employees, supervisors, and management personnel and

22 will provide equal employment opportunities for all employees. Hollywood Entertainment will

23 work with its District Managers responsible for the Ammon, Idaho store and the Store Directors

24 at the Ammon, Idaho store in order to prevent discrimination in employment under the ADA and

25 so they understand the employer’s obligation to engage in the interactive process, and to ensure

CONSENT DECREE - Page 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 that they understand its Equal Employment Opportunity policies and how those policies define

2 and identify what constitutes discrimination. A written copy of Hollywood Entertainment’s EEO

3 policy, including any policy prohibiting disability based discrimination, will be distributed to all

4 its employees employed at the Ammon, Idaho store. This policy will include information on the

5 alternative steps employees can take to request disability accommodation.

6 C. Training

7

15. Hollywood Entertainment will develop and present to the District Manager

8 responsible for the Ammon, Idaho Store and the Store Director at the Ammon, Idaho store ADA

9 training each year during the duration of this Consent Decree. The cost of the training shall be

10 borne by the company.

11

16. The training will focus on conducting individualized assessments of employees with

12 disabilities and handling requests for reasonable accommodation. The first training shall take

13 place within in ninety (90) days after entry of this Consent Decree.

14

17. Hollywood Entertainment will retain a record of the training programs, including

15 dates held and persons who attend.

16 D. Reporting

17

18. One year following the entry of this decree and every year thereafter for the duration

18 of the Decree, Hollywood Entertainment will report to the EEOC Seattle District Office. The

19 report will contain the following information:

20

a. Certification of the completion of the training (referenced in ¶ 16) each year, with a

21 list of attendees;

22

b. Certification that its EEO policy has been distributed to all Ammon, Idaho store

23 employees;

24

c. A list of any changes, modifications, revocations or revisions to its EEO policies and

25 procedures which concern or affect the subjects of discrimination based on disability and

CONSENT DECREE - Page 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1 reasonable accommodation; and

2

d. A summary of all complaints of disability based employment discrimination, if any,

3 which have been lodged by any applicant or current or former employee at the Ammon, Idaho

4 store internally, through a grievance system, or with any governmental agency, and the

5 resolution of each complaint.

6 E. Records

7

19. Hollywood Entertainment will remove any information related to Suzanne

8 Yorgensen’s resignation, discrimination charge or lawsuit in her personnel file and will not add

9 any information or references regarding any charge of discrimination or this lawsuit to Ms.

10 Yorgensen’s personnel File.

11 F. Posting of Notice

12

20. Within sixty (60) days after entry of this Consent Decree, Hollywood Entertainment

13 will post a copy of the Notice of Settlement (Attachment 1) at the Ammon, Idaho store in all

14 areas at this location where the Defendant posts information on employment policies and other

15 pertinent employee information, and will maintain this posting for the life of the Consent Decree.

16

VIII. ENFORCEMENT

17

21. If the EEOC concludes that Hollywood Entertainment has breached this agreement,

18 it may bring an action in the United States District Court for the District of Idaho to enforce this

19 Consent Decree. Before bringing an action for breach of the decree, the EEOC shall first give

20 Hollywood Entertainment ten (10) days notice of the perceived breach. The EEOC and

21 Hollywood Entertainment shall use that 10-day period for good faith efforts to resolve the

22 matter.

23

IX. RETENTION OF JURISDICTION

24

22. The United States District Court for the District of Idaho shall retain jurisdiction

25 over this matter for the duration of the Consent Decree.

CONSENT DECREE - Page 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

X. DURATION AND TERMINATION

2

23. This decree shall be in effect (2) two years, commencing with the date the decree is

3 filed. If the EEOC petitions the Court for breach of agreement, and the Court finds Hollywood

4 Entertainment to be in violation of the terms of the Consent Decree, the Court may extend this

5 Consent Decree for a reasonable period of time.

6

XI. CONCLUSION

7

24. The provisions of this Consent Decree are not binding on the parties until an

8 authorized representative of each party signs and the Court enters the Consent Decree.

9

The forgoing terms and conditions are agreed upon and stipulated to the 17th day of

10 February , 2006. (Docket No. 30).

11

12 Respectfully submitted,

13 WILLIAM A. TAMAYO Regional Attorney
14 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
15 SAN FRANCISCO DISTRICT OFFICE 350 THE EMBARCADERO, SUITE 500
16 SAN FRANCISCO, CA 94105-1260 TEL: (415) 625-5600
17 KATHRYN OLSON
18 Supervisory Trial Attorney

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

19 CARMEN FLORES Senior Trial Attorney
20

21 BY: /s/ William A. Tamayo EQUAL EMPLOYMENT OPPORTUNITY
22 COMMISSION Seattle Field Office
23 909 First Avenue, Suite 400 Seattle, Washington 98104
24 Telephone (206) 220-6920

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

25

Attorneys for Plaintiff EEOC

CONSENT DECREE - Page 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1
2
3 BY: /s/ Jeff A. Lee
4 JEFF A. LEE MAYNARD COOPER & GALE, P.C.
5 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North
6 Birmingham, Alabama 35203 (205) 254-1000
7 Attorneys for Defendant
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CONSENT DECREE - Page 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

1

2

3

4

ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION

5 The Court having considered the foregoing stipulated agreement of the parties, HEREBY

6 ORDERS THAT the foregoing settlement agreement is approved as the final decree of this Court

7 in full settlement action. This lawsuit is hereby dismissed with prejudice and without cost or

8 attorneys’ fees to any party. The Court retains jurisdiction of this matter solely for purposes of

9 enforcing the Consent Decree approved herein.

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DATED: March 10, 2006

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B. LYNN WINMILL

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Chief Judge

United States District Court

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CONSENT DECREE - Page 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD:(206) 220-6882

 
 James D. Holman, Esq., ISB # 2547 THOMSEN STEPHENS LAW OFFICES, P.L.L.C. 2635 Channing Way Idaho Falls, ID 83404 Telephone (208) 522-1230 Fax (208) 522-1277
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

SUZANNE YORGENSEN

)

)

Plaintiff,

)

)

v.

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HOLLYWOOD ENTERTAINMENT

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CORPORATION, dba HOLLYWOOD )

VIDEO,

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Defendant.

)

--------------------------)

Case No. CV-04-613-E-LMB
MOTION TO CONSOLIDATE F.R.C.P.42

Plaintiff Suzanne Yorgensen does hereby move this court to consolidate U.S. District Court

Case Nos. CV 04-613-E-LMB and CV 04-478-E-LMB as follows:

I.

The case of Equal Employment Opportunity Commission v. Hollywood Entertainment

Corporation was filed by the Equal Employment Opportunity Commission on September 21,2004,

in the United States District Court forthe District ofIdaho, as Docket No. CV 04-478-E-LMB. This

1 - MOTION TO CONSOLIDATE F.R.C.P. 42

case was brought under Title I of the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq. and Title I of the Civil Rights Act of 1991.
II. The case of Suzanne Yorgenson v. Hollywood Entertainment Corporation was filed on May 13, 2004, in the District Court of Bonneville County, Idaho under the Idaho Human Rights Act, Idaho Code section 67-5901. On December 9, 2004 defendant Hollywood Entertainment Corporation removed the case to the United States District Court for the District of Idaho where it was given Docket No. CIV.04-613-E-LMB.
III. Both cases have been assigned to the Honorable Larry M. Boyle, U.S. Magistrate Judge.
IV. The parties, witnesses, issues of fact and issues of law are identical in each case, and each case arises out of the same set of circumstances. Counsel for defendant Hollywood Entertainment Corporation is the same in each case. James D. Holman, counsel for plaintiff in case number CIV 04-613-E-LMB has moved for leave to intervene in case number CV 04-478-E-LMB. Counsel for plaintiff will thus be the same in each case. Joinder of the cases for trial is practicable in accordance with F.R.C.P. 42 and is in the interest of judicial economy. WHEREFORE, plaintiff Suzanne Yorgensen moves the court for its order consolidating these cases for purposes of trial.
2 - MOTION TO CONSOLIDATE F.R.C.P. 42

1L DATED this

day of March, 2005.

THOMSEN STEPHENS LAW OFFICES, PLLC

CERTIFICATE OF SERVICE

I hereby certify that I am a duly licensed attorney in the State of Idaho, resident of and with
-/-t- my office in Idaho Falls, Idaho; that on the day of March, 2005, I caused a true and correct copy

of the foregoing MOTION TO CONSOLIDATE to be served upon the following persons at the

addresses below their names either by depositing said document in the United States mail with the

correct postage thereon or by hand delivering or by transmitting by facsimile as set forth below.

EDWIN A HARNDEN BARRAN LIEBMAN LLP 601 SW SECOND AVENUE SUITE 2300 PORTLAND OR 97204-3159

[ ] Mail [ ] Hand Delivery [ ] Facsimile

CARMEN FLORES EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 909 FIRST AVENUE STE 400 SEATTLE WA 98104

[ ] Mail [ ] Hand Delivery [ ] Facsimile

THOMSEN STEPHENS LAW OFFICES, P.L.L.C.

JDHIlk 5030\005 mtn consolidate

By:

3 - MOTION TO CONSOLIDATE F.R.C.P. 42

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

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HOLLYWOOD ENTERTAINMENT

)

CORPORATION,

)

)

Defendant.

)

__________________________________ )

)

)

SUZANNE YORGENSEN,

)

)

Plaintiff,

)

)

v.

)

)

HOLLYWOOD ENTERTAINMENT

)

CORPORATION, dba HOLLYWOOD )

VIDEO

)

)

Defendant.

)

__________________________________ )

CASE NO. CV-04-478-E-BLW-MHW ORDER
CASE NO. CV 04-613-E-LMB

Currently before the Court for its consideration are the following: (1) Motion For Leave to Intervene (Docket No. 17), filed on March 11, 2005; and (2) Motion to Consolidate (Docket No. 19), filed on March 11, 2005. Plaintiff Equal Employment Opportunity Commission
Order - page 1

(“EEOC”) has filed this action alleging disability discrimination against Suzanne Yorgensen by Hollywood Entertainment. Ms. Yorgensen seeks to intervene as Plaintiff/Intervenor pursuant to Federal Rule of Civil Procedure 24(a) as a matter of right. In addition, Ms. Yorgensen asks the Court to consolidate U.S. District Court Case Nos. CV-04-478-E-BLW-MHW and CV-04-613E-LMB. Defendant Hollywood Entertainment has indicated in its responses that it does not object to either motion. Based upon the foregoing, the Court being fully advised in the premises, IT IS HEREBY ORDERED that:
1) the Motion For Leave to Intervene (Docket No. 17), filed on March 11, 2005, is GRANTED. The Complaint of Plaintiff/Intervenor as attached to the Motion to Intervene shall be considered filed and served as of the date of this Order for purposes of requiring an answer from Defendant.
2) the Motion to Consolidate (Docket No. 19), filed on March 11, 2005, is also GRANTED. Case No. CV 04-478-E-BLW-MHW shall be consolidated with Case No. CV-04613-E-LMB. It is further ordered that Case No. CV 04-478-E-BLW-MHW shall be the lead case.
DATED: May 26, 2005
Honorable Mikel H. Williams United States Magistrate Judge
Order - page 2

 
 CASREF, CLOSED, CSMDDL, LC1, NDPMHW
U.S. District Court District of Idaho (LIVE Database)Version 3.2.1 (Pocatello − Eastern)
CIVIL DOCKET FOR CASE #: 4:04−cv−00478−BLW−MHW

EEOC v. Hollywood Ent Corp, et al Assigned to: Judge B. Lynn Winmill Referred to: Honorable Mikel H. Williams Demand: $0 Member case: (View Member Case) Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
Plaintiff Suzanne Yorgensen

Date Filed: 09/21/2004 Date Terminated: 03/10/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104−1061 (206) 220−6915 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carmen Flores US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104−1061 (206) 220−6883 Fax: 1−206−220−6911 Email: carmen.flores@eeoc.gov LEAD ATTORNEY
represented by James D Holman THOMSEN &STEPHENS 2635 Channing Way Idaho Falls, ID 83404 (208) 522−1230 Email: holman@thomsenstephenslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Suzanne Yorgensen

represented by James D Holman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Hollywood Entertainment Corporation

represented by Allyson S Krueger BARRAN LIEBMAN 601 SW Second Ave #2300 Portland, OR 97204 (503) 228−0500 Fax: (503) 228−0500

Date Filed 09/21/2004 09/27/2004 09/27/2004 10/19/2004 10/19/2004
10/21/2004
10/21/2004 10/25/2004 11/17/2004 11/23/2004
11/24/2004

TERMINATED: 08/25/2005 LEAD ATTORNEY
Edwin A Harnden BARRAN LIEBMAN 601 SW 2nd Ave # 2300 Portland, OR 97204 503 228−0500 Email: eharnden@barran.com TERMINATED: 08/25/2005 LEAD ATTORNEY
Jeffrey Allen Lee MAYNARD COOPER &GALE, P.C. 2400 AmSouth Harbert Plaza 1901 Sixth Ave North Birmingham, AL 35203 205−278−1700 Email: jlee@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rory R Jones TROUT JONES GLEDHILL FUHRMAN, P.A. PO Box 1097 Boise, ID 83701 (208) 331−1170 Fax: 1−208−331−1529 Email: rjones@idalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT (Summons(es) issued) (dkh) (Entered: 09/27/2004)

2 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for pla EEOC re complaint [1−1] (dkh)

3 NOTICE of case number change (dkh)

7 MOTION by def for extension of time to file first responsive pleading (ja) (Entered: 10/25/2004)

8 DECLARATION of Allyson S. Krueger by def in support of motion for extension of time to file first responsive pleading [7−1] (ja) (Entered: 10/25/2004)

4 OBJECTION TO MAGISTRATE JUDGE AND REASSIGNMENT of case to Honorable B. Lynn Winmill (cc: all counsel) (SEALED) (dkh)

5 NOTICE of case number change (dkh)

6 APPLICATION AND APPROVAL FOR ADMISSION PRO HAC VICE − def represented by Allyson S Krueger− ja (ja)

9 ANSWER by def and affirmative defenses (ja)

10 NOTICE OF SCHEDULING CONFERENCE VIA TELEPHONE ; Telephonic scheduling conference set for 12/16/04 at 2:00pm (cc: all counsel) (ja)

11 ORDER by Honorable B. Lynn Winmill granting motion for extension of time to file first responsive pleading [7−1] ; def's answer or other pleading shall be filed by 11/22/04 (cc: all counsel) (ja)

12/03/2004
01/14/2005 01/26/2005
03/09/2005 03/09/2005 03/11/2005 03/11/2005 03/11/2005 03/11/2005 03/28/2005 04/11/2005 05/26/2005
08/25/2005 08/26/2005
08/29/2005
10/11/2005 11/09/2005

12 STIPULATED AMENDED NOTICE OF SCHEDULING CONFERENCE VIA TELEPHONE ; Telephonic scheduling conference set for 12/16/04 is vacated and is reset for 1/25/05 at 2:00pm (cc: all counsel) (ja) (Entered: 12/08/2004)
13 SCHEDULING CONFERENCE FORM − LITIGATION PLAN by Equal Employment Opportunity Commission. (Flores, Carmen)
14 CASE MANAGEMENT ORDER AND REFERRAL to Magistrate Judge Mikel H. Williams for all discovery disputes and all non−dispositive motions, Amended Pleadings due by 2/22/2005. Discovery due by 12/2/2005. Dispositive motions deadline 1/16/2006. The parties shall file ADR plan by 2/18/05. Signed by Judge B. Lynn Winmill. (ja, ) Modified on 1/26/2005 (wm, ).
15 STIPULATION Motion to Amend EEOC's Complaint by Equal Employment Opportunity Commission. (Flores, Carmen)
16 AMENDED COMPLAINT Jury Trial Demand against Hollywood Entertainment Corporation, filed by Equal Employment Opportunity Commission.(Flores, Carmen)
17 First MOTION to Intervene by Suzanne Yorgensen. Responses due by 4/4/2005 (Holman, James)
18 MEMORANDUM/BRIEF re 17 First MOTION to Intervene filed by Suzanne Yorgensen. (Holman, James)
19 MOTION to Consolidate Cases 04−613 and 04−478 by Suzanne Yorgensen. Responses due by 4/4/2005 (Holman, James)
20 AMENDED DOCUMENT by Suzanne Yorgensen. Amendment to 18 Memorandum/Brief (generic) amended to include exhibit A. (Holman, James)
21 ANSWER to Amended Complaint by Hollywood Entertainment Corporation.(Krueger, Allyson)
22 RESPONSE to Motion re 17 First MOTION to Intervene filed by Hollywood Entertainment Corporation. (Harnden, Edwin)
23 ORDER granting 19 Motion to Consolidate Cases with CV 04−478−E−BLW as lead and CV 04−613−E being the member case. All filing shall be done in the lead case. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, ) (Entered: 05/27/2005)
24 NOTICE of Substitution − Attorney Rory R Jones for Hollywood Entertainment Corporation added. Attorneys Edwin A Harnden and Allyson S. Krueger terminated. (Jones, Rory).
25 MOTION for Admission pro hac vice of Jeffrey A. Lee by Hollywood Entertainment Corporation. Responses due by 9/19/2005 (Attachments: # 1 Affidavit of Jeffrey A. Lee)(ja, ) (Entered: 08/29/2005)
26 ORDER re 25 for Admission Pro Hac Vice filed by Hollywood Entertainment Corporation. Attorney Jeffrey A Lee for Hollywood Entertainment Corporation added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
27 Consent MOTION to Continue by Hollywood Entertainment Corporation. Responses due by 11/4/2005 (Lee, Jeffrey)
28 NOTICE of unavailble dates by Equal Employment Opportunity Commission (dkh, ) (Entered: 11/10/2005)

11/17/2005
02/14/2006 02/17/2006 03/10/2006

29 ORDER granting 27 Consent MOTION to Continue filed by Hollywood Entertainment Corporation,, Discovery due by 3/2/2006. Motions due by 4/16/2006.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
Counsel informed Dave Metcalf via telephone that this case has been setteld. Settlement documents forthcoming. (lg, )
30 STIPULATION to [Proposed] Consent Decree and Order of Dismissal by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice to Employees)(Flores, Carmen)
31 CONSENT DECREE AND ORDER DISMISSING CASE. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )