1 WILLIAM R. TAMAYO, REGIONAL ATTORNEY 2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SAN FRANCISCO DISTRICT OFFICE 3 350 THE EMBARCADERO, SUITE 500
SAN FRANCISCO, CALIFORNIA 94105-1260
4
JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY 5 MOLLY KUCUK, TRIAL ATTORNEY 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FIRST AVENUE, SUITE 400 7 SEATTLE, WA 98104
Molly.Kucuk@EEOC.gov 8 Tel: (206) 220-6892
Fax: (206) 220-6911
9

10 ATTORNEYS FOR PLAINTIFF
11

12

13

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

14

15

EQUAL EMPLOYMENT OPPORTUNITY

)

16 COMMISSION,

)

17

)

Plaintiff,

)

18

)

vs.

)

19

)

)

20

)

21 LES SCHWAB TIRE CENTERS OF MONTANA, ) INC., LES SCHWAB TIRE WAREHOUSE, INC., )

22

)

)

23

Defendants.

)

)
24

CASE NO. CV-06-149-M-DWM
COMPLAINT JURY TRIAL DEMAND

25

COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
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

NATURE OF THE ACTION

2
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
3
Rights Act of 1991 to correct unlawful employment practices on the basis of race and retaliation
4
5 and to provide appropriate relief to Earle Nevins. The Equal Employment Opportunity

6 Commission alleges that defendant subjected Mr. Nevins to harassment based on his race (Native

7 American) and then retaliated against him for complaining about racial harassment, ultimately

8 terminating him. Plaintiff seeks monetary relief, including nonpecuniary compensatory and

9
punitive damages, and injunctive relief, on behalf of Mr. Nevins.
10
JURISDICTION AND VENUE
11

12

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

13 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of

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

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

16
2. The employment practices alleged to be unlawful were committed within the
17
jurisdiction of the United States District Court for the District of Montana.
18
PARTIES
19

20

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

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

22 enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of

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

24
4. At all relevant times, defendants Les Schwab Tire Centers of Montana, Inc. and

25
Les Schwab Tire Warehouse, Inc. (collectively referred to herein as “Les Schwab” or

COMPLAINT- Page 2 of 5

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

“defendants”) have been corporations continuously doing business in the State of Montana and
1
2 have continuously had at least 15 employees.

3

5. At all relevant times, defendant Les Schwab has continuously been an employer

4 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
5 Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).
6
STATEMENT OF CLAIMS
7
6. More than thirty days prior to the institution of this lawsuit, Mr. Nevins filed a
8
charge with the Commission alleging violations of Title VII by Les Schwab. All conditions
9
10 precedent to the institution of this lawsuit have been fulfilled.

11

7. From at least April 2002 until December 2004, defendant engaged in unlawful

12 employment practices at its Kalispell, Montana store in violation of §§ 703(a) and 704(a) of Title
13 VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant engaged in these unlawful practices through
14
the following actions: (1) by subjecting Mr. Nevins to racial harassment; (2) by discriminating
15
against Mr. Nevins based on his race; (3) by retaliating against Mr. Nevins for his complaints to
16
17 company officials about racial harassment; and (4) by discriminating and retaliating against Mr.
18 Nevins by terminating him in December 2004.

19

8. The effect of the practices complained of in paragraph 7 above has been to

20 deprive Mr. Nevins of equal employment opportunities and otherwise adversely affect his status
21
as an employee.
22
9. The unlawful employment practices complained of in paragraph 7 above were
23
intentional.
24

25

COMPLAINT- Page 3 of 5

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

10. The unlawful employment practices complained of in paragraph 7 above were
1
2 done with malice or with reckless indifference to the federally protected rights of Mr. Nevins.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this Court:

5

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

6
assigns, and all persons in active concert or participation with it, from engaging in any retaliatory
7
employment practices.
8
B. Order defendant to institute and carry out policies, practices, and programs which
9

10 provide equal employment opportunities for all employees, and which eradicate the effects of its

11 past and present unlawful employment practices.

12

C. Order defendant to make whole Mr. Nevins by providing compensation for past

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

14
paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be
15
determined at trial.
16

17

D. Order defendant to make whole Mr. Nevins by providing compensation for past

18 and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph

19 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in

20 amounts to be determined at trial.
21
E. Order defendant to pay Mr. Nevins punitive damages for its malicious and
22
reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
23
F. Grant such further relief as the Court deems necessary and proper in the public
24
25 interest.

COMPLAINT- Page 4 of 5

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

G. Award the Commission its costs of this action.
1

2

JURY TRIAL DEMAND

3

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

4

DATED this 25th day of September, 2006.

5 WILLIAM R. TAMAYO 6 Regional Attorney

General

RONALD S. COOPER Counsel

7 JOHN F. STANLEY

JAMES

Acting Supervisory Trial Attorney

8

MOLLY P. KUCUK

GW

9 Trial Attorney

10

L. LEE Deputy General Counsel
ENDOLYN YOUNG REAMS Associate General Counsel

11 BY: _/s/ William R. Tamayo___________

12 EQUAL EMPLOYMENT OPPORTUNITY

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION 13 Seattle Field Office

COMMISSION Office of the General Counsel

14 909 First Avenue, Suite 400 Seattle, Washington 98104

1801 "L" Street, N.W. Washington, D.C. 20507

15 Molly.Kucuk@EEOC.gov

Telephone (206) 220-6892

16

17

Attorneys for Plaintiff

18

19

20

21

22

23

24

25

COMPLAINT- Page 5 of 5

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

 
 Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 1 of 7

Santana N. Kortum-Managhan William L. Managhan MANAGHAN & KORTUM-MANAGHAN LAW FIRM PLLC 6 Sunset Plaza, Suite C P.O. Box 938 Kalispell, MT 59903 Telephone (406) 257-7944 Facsimile (406) 257-7945 smanaghan@centurytel.net wmanaghan@centurytel.net

Elizabeth Best Best Law Offices, P.C. 425 Third Avenue North P.O. Box 2114 Great Falls, MT 59403 (406) 452-2933 (tele.) (406) 452-9920 (fax) bestlawoffices@qwest.net

Attorneys for Earle Nevins

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Plaintiff, and

)

)

EARLE NEVINS,

)

)

Intervening Party )

)

-vs.-

)

)

LES SCHWAB TIRE CENTERS )

OF MONTANA, INC., LES

)

SCHWAB TIRE WAREHOUSE )

INC.,

)

)

Defendants.

)

______________________________)

Case No. CV-06-149-M-DWM
INTERVENING PARTY'S COMPLAINT
AND JURY TRIAL DEMAND

Intervening Party's Complaint & Demand for Jury Trial

1

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 2 of 7
COMES NOW, Intervening Party Plaintiff, Earle Nevins, by and through his counsel of record, Santana Kortum-Managhan and William Managhan, MANAGHAN & KORTUM-MANAGHAN LAW FIRM PLLC, and complains and alleges as follows:
NATURE OF ACTION Plaintiff (hereinafter "EEOC") brought an action under Title VII of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and retaliation and to provide appropriate relief to the Intervening Party, Earle Nevins. The EEOC alleges that Defendant harassed Mr. Nevins based on his Native American race/ethnicity followed by retaliation and termination after Mr. Nevins complained. Mr. Nevins intervenes pursuant to Rule 24(a), F.R.Civ.P. and 42 U.S.C. § 2000e-5(f)(1) alleging violation of 42 U.S.C. § 1981 and Montana state law.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is valid pursuant to 28 U.S.C. §§ 451, 1331, 1337,
1343 and 1345. Plaintiff's action is authorized and instituted pursuant to sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981. 2. The EEOC issued its right to intervene notice letter on October 16, 2006. 3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court of the District of Montana.
PARTIES 4. Intervening Party re-alleges paragraphs 1-3.

Intervening Party's Complaint & Demand for Jury Trial

2

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 3 of 7
5. Plaintiff is the agency of the United States of America with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring their action by Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e5(F)(1).
6. Defendants have been corporations continually doing business in the State of Montana and have continuously had at least 15 employees.
7. At all relevant times, Defendants has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C., §§2000e-(b),(g) and (h).
8. Intervening party is a Native American and member of the Blackfeet tribe. 9. Intervening party was at all relevant times a resident of Flathead County,
Montana, and an employee of Defendants for several years in the Whitefish store and then the Kalispell (Evergreen) store. Intervening party is the aggrieved party in which the EEOC brought the action on behalf of.
STATEMENT OF CLAIMS 10. Intervening Party re-alleges paragraphs 1-9. 11. From spring of 2002 until December of 2005, Defendants engaged in unlawful
employment practices at its Kalispell (Evergreen), Montana, store in violation of §§ 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendants engaged in these unlawful practices through the following actions: (a) subjecting Intervening Party to racial harassment; (b) discriminating against Intervening Party based on his race/ethnicity; (c) retaliating against Intervening Party for his continued complaints to company officials about

Intervening Party's Complaint & Demand for Jury Trial

3

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 4 of 7
racial harassment; and (d) discriminating and retaliating against Intervening Party by terminating him in December of 2004. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 12. From spring of 2002 to December of 2004, Defendants engaged in intentional unlawful employment practices in Kalispell (Evergreen), Montana store in violation of Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 13. Defendants by their agents and employees knowingly and intentionally harassed Intervening Party on the basis of his race/ethnicity during his employment at the Kalispell (Evergreen) store. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 14. Defendants by their agents and employees knowingly and intentionally interfered with Intervening Party's employment based upon his race/ethnicity during his employment at the Kalispell (Evergreen) store. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 15. Defendants by their agents and employees knowingly and intentionally terminated Intervening Party's employment based upon his race/ethnicity during his employment at the Kalispell (Evergreen) store. As a result of

Intervening Party's Complaint & Demand for Jury Trial

4

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 5 of 7
Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 16. Defendants by their agents and employees negligently retained and negligently supervised store employees after Intervening Party reported physical altercations and physical threats by store employees during his employment at the Kalispell (Evergreen) store. 17. Defendants by their agents and employees intentionally inflicted serious and severe emotional distress, shame and humiliation on Intervening Party by sharing and allowing the sharing of Intervening Party's personal financial information with store employees during his employment at the Kalispell (Evergreen) store. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 18. Defendants by their agents and employees intentionally inflicted serious and severe emotional distress on Intervening Party by ignoring his continued reporting of physical abuse by store employees during his employment at the Kalispell (Evergreen) store. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. 19. Defendants by their agents and employees intentionally inflicted serious and severe emotional distress on Intervening Party by continually ignoring his continued requests for transfers out of the Kalispell (Evergreen) store based partially on the physical harassment threatened by store employees and suffered by Intervening Party. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages.

Intervening Party's Complaint & Demand for Jury Trial

5

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 6 of 7
20. Defendants by their agents and employees knowingly and intentionally violated § 49-1-101, MCA, by allowing store employees to commit assault and battery against Intervening Party during his employment at the Kalispell (Evergreen) store.
21. Defendants by their agents and employees knowingly and intentionally violated § 49-2-301, MCA, during Intervening Party's employment at the Kalispell (Evergreen) store.
22. Defendants by their agents and employees knowingly and intentionally violated § 49-2-303, MCA, during Intervening Party's employment at the Kalispell (Evergreen) store.
23. Defendants by their agents and employees knowingly and intentionally violated § 39-2-904, MCA, during Intervening Party's employment at the Kalispell (Evergreen) store when they fired Intervening Party for reporting a violation of public policy after he requested another written memorialization of the physical violence committed against Intervening Party by a co-worker. As a result of Defendants' malicious and intentional conduct, Intervening Party is entitled to punitive damages. PRAYER FOR RELIEF
WHEREFORE, Intervening Party respectfully requests the following: 1. That Intervening Party be awarded lost wages, fringe benefits, together
with interest on the lost wages and fringe benefits; 2. That Intervening Party be awarded a reasonable amount of general
damages;

Intervening Party's Complaint & Demand for Jury Trial

6

Case 9:06-cv-00149-DWM Document 15-1 Filed 11/16/2006 Page 7 of 7
3. That Intervening Party be awarded punitive damages for its malicious and intentional conduct;
4. That Intervening Party be awarded his reasonable attorney fees; and 5. That Intervening Party be awarded such further relief as the Court deems
necessary and proper. DEMAND FOR JURY TRIAL
1. Intervening Party requests a trial by jury of all the issues in this action. DATED this 6th day of November, 2006.
MANAGHAN & KORTUM-MANAGHAN LAW FIRM PLLC
/s/ Santana N. Kortum-Managhan____________ Attorney for Mr. Nevins

Intervening Party's Complaint & Demand for Jury Trial

7

 
 1 WILLIAM R. TAMAYO, REGIONAL ATTORNEY 2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SAN FRANCISCO DISTRICT OFFICE 3 350 THE EMBARCADERO, SUITE 500
SAN FRANCISCO, CALIFORNIA 94105-1260
4
JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY 5 MOLLY KUCUK, TRIAL ATTORNEY 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FIRST AVENUE, SUITE 400 7 SEATTLE, WA 98104
Molly.Kucuk@EEOC.gov 8 Tel: (206) 220-6892
Fax: (206) 220-6911
9

10 ATTORNEYS FOR PLAINTIFF
11

12

13

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

14

15

EQUAL EMPLOYMENT OPPORTUNITY

)

16 COMMISSION,

)

17

)

Plaintiff,

)

18

)

vs.

)

19

)

)

20

)

21

)

LES SCHWAB TIRE CENTERS OF MONTANA, )

22 INC., LES SCHWAB WAREHOUSE CENTER, )

INC.,

)

23

)

Defendants.

)

24

)

25

CASE NO. CV-06-149-M-DWM
EEOC’S FIRST AMENDED COMPLAINT JURY TRIAL DEMAND

COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
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

NATURE OF THE ACTION

2
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
3
Rights Act of 1991 to correct unlawful employment practices on the basis of race and retaliation
4
5 and to provide appropriate relief to Earle Nevins. The Equal Employment Opportunity

6 Commission alleges that defendant subjected Mr. Nevins to harassment based on his race (Native

7 American) and then retaliated against him for complaining about racial harassment, ultimately

8 terminating him. Plaintiff seeks monetary relief, including nonpecuniary compensatory and

9
punitive damages, and injunctive relief, on behalf of Mr. Nevins.
10
JURISDICTION AND VENUE
11

12

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

13 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of

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

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

16
2. The employment practices alleged to be unlawful were committed within the
17
jurisdiction of the United States District Court for the District of Montana.
18
PARTIES
19

20

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

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

22 enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of

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

24
4. At all relevant times, defendants Les Schwab Tire Centers of Montana, Inc. and

25
Les Schwab Warehouse Center, Inc. (collectively referred to herein as “Les Schwab” or

COMPLAINT- Page 2 of 5

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

“defendants”) have been corporations continuously doing business in the State of Montana and
1
2 have continuously had at least 15 employees.

3

5. At all relevant times, defendant Les Schwab has continuously been an employer

4 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

5 Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).
6
STATEMENT OF CLAIMS
7
6. More than thirty days prior to the institution of this lawsuit, Mr. Nevins filed a
8
charge with the Commission alleging violations of Title VII by Les Schwab. All conditions
9
10 precedent to the institution of this lawsuit have been fulfilled.

11

7. From at least April 2002 until December 2004, defendant engaged in unlawful

12 employment practices at its Kalispell, Montana store in violation of §§ 703(a) and 704(a) of Title
13 VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant engaged in these unlawful practices through
14
the following actions: (1) by subjecting Mr. Nevins to racial harassment; (2) by discriminating
15
against Mr. Nevins based on his race; (3) by retaliating against Mr. Nevins for his complaints to
16
company officials about racial harassment; and (4) by discriminating and retaliating against Mr.
17
18 Nevins by terminating him in December 2004.

19

8. The effect of the practices complained of in paragraph 7 above has been to

20 deprive Mr. Nevins of equal employment opportunities and otherwise adversely affect his status
21
as an employee.
22
9. The unlawful employment practices complained of in paragraph 7 above were
23
intentional.
24

25

COMPLAINT- Page 3 of 5

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

10. The unlawful employment practices complained of in paragraph 7 above were
1
2 done with malice or with reckless indifference to the federally protected rights of Mr. Nevins.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this Court:

5

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

6
assigns, and all persons in active concert or participation with it, from engaging in any retaliatory
7
employment practices.
8
B. Order defendant to institute and carry out policies, practices, and programs which
9

10 provide equal employment opportunities for all employees, and which eradicate the effects of its

11 past and present unlawful employment practices.

12

C. Order defendant to make whole Mr. Nevins by providing compensation for past

13 and future pecuniary losses resulting from the unlawful employment practices described in
14
paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be
15
determined at trial.
16
D. Order defendant to make whole Mr. Nevins by providing compensation for past
17

18 and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph

19 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in

20 amounts to be determined at trial.
21
E. Order defendant to pay Mr. Nevins punitive damages for its malicious and
22
reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
23
F. Grant such further relief as the Court deems necessary and proper in the public
24
25 interest.

COMPLAINT- Page 4 of 5

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

G. Award the Commission its costs of this action.
1

2

JURY TRIAL DEMAND

3

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

4

DATED this 15th day of August, 2007.

5 WILLIAM R. TAMAYO 6 Regional Attorney
7 JOHN F. STANLEY Acting Supervisory Trial Attorney
8
MOLLY P. KUCUK 9 Trial Attorney
10

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

11 BY: _/s/ Molly P. Kucuk ___________
Molly P. Kucuk 12 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 13 Seattle Field Office
14 909 First Avenue, Suite 400 Seattle, Washington 98104
15 Molly.Kucuk@EEOC.gov
Telephone (206) 220-6892
16

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

Attorneys for Plaintiff
17

18

19

20

21

22

23

24

25

COMPLAINT- Page 5 of 5

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

 
 Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 1 of 9

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA

EQUAL EMPLOYMENT OPPORTUNITY

1

COMMISSION,

)

Plaintiff, )
VS.

)
) LES SCHWAB TIRE CENTERS OF MONTANA, )
INC., LES SCHWAB WAREHOUSE CENTER, ) INC.,
1
Defendants.

CASE NO. CV-06-149-M-DWM CONSENT DECREE

I. INTRODUCTION 1. This action originated with a discrimination charge filed by Earle Nevins ("Mr. Nevins") with the Montana Human Rights Bureau ("MHRB") against Les Schwab Tire Centers of Montana, Inc. ("Les Schwab Montana") on May 18,2005. 2. The EEOC filed this lawsuit on September 25,2006 in the United States District Court for the District of Montana on behalf of Mr. Nevins, alleging harassment based on race (Native American) and termination based on race and retaliation. Mr. Nevins intervened in this suit on November 8,2006. The defendants are Les Schwab Montana and Les Schwab

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 2 of 9
Warehouse Center, Inc. ("Warehouse") Les Schwab Montana and Warehouse have denied EEOC's allegations.
3. The parties want to conclude fully and finally all claims arising out of the EEOC's complaint and the charge of discrimination filed with EEOC by Mr. Nevins.
11. NONADMISSION OF LIABILITY AND NONDETERMINATION BY THE COURT
4. This consent decree is not an adjudication or finding on the merits of this case and shall not be construed as an admission by Les Schwab Montana or Warehouse of a violation of Title VII of the Civil Rights Act of 1964,as amended, 42 U.S.C. §§ 2000e- et seq ("Title VII"). Les Schwab Montana and Warehouse expressly deny any violation of Title VII. Warehouse contends it is not a proper party to this lawsuit. The EEOC contends that the Warehouse is a proper party to this lawsuit.
111. JURISDICTION AND VENUE 5. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) and (3) of Title VII. The employment practices alleged to be unlawful in the EEOC's complaint filed herein are alleged to have occurred within the jurisdiction of the United States District Court for the District of Montana.
IV. SETTLEMENT SCOPE 6. This consent decree resolves all issues and claims arising out of the EEOC's complaint, including all claims by the parties for attorney fees and costs, and is binding and final as to all such issues and claims Accordingly, the EEOC has informed the MI-IRB that it has resolved the litigation stemming from Mr. Nevins' charge, and the EEOC has provided the MHRB a copy of the consent decree. In addition, Mr. Nevins, Les Schwab Montana and

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 3 of 9
Warehouse have entered into a private release agreement to which the EEOC is not a party. This consent decree applies to the Les Schwab Evergreen store in Kalispell, Montana.
V. MONETARY RELIEF 7. In settlement of this lawsuit, Les Schwab Montana agrees to pay $185,000 to Mr. Nevins in resolution of his claims and for attorneys' fees and costs within ten (10) days of the date of entry of this consent decree. Payment shall be effected by sending, via certified mail, a settlement check to an address to be provided, with copies to the EEOC.
VI. INJUNCTIVE AND OTHER RELIEF A General Provisions 8. Les Schwab Montana, its managers and employees will not engage in practices which constitute harassment based on an employee's race or retaliation against any individual for engaging in protected EEO activity including but not limited to serving as a witness in the investigation or prosecution of this case. In recognition of obligations under Title VII, the following policies and practices shall apply to the Evergreen store. B. Anti-Discrimination Policies and Procedures 9. Les Schwab Montana shall evaluate the practices of its Evergreen store managers to ensure compliance with Les Schwab Montana's EEO policy, and compliance with Les Schwab Montana's EEO policy shall be considered in the performance evaluations of managers at the Evergreen store. 10. Within ninety (90) days of the effective date of this consent decree, Les Schwab Montana shall deliver to the EEOC a copy of its EEO policy and confirm that it has distributed the policy to all present Evergreen store employees, both management and non-management, and will provide it to future Evergreen store employees, both management and non-management.

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 4 of 9
C. Training 11. Within ninety (90) days of the effective date of this Consent Decree, Les Schwab Montana shall ensure that all Evergreen store employees, both management and nonmanagement, and a Warehouse Human Resources representative designated by Les Schwab Montana, will be provided three (3) hours of training on harassment, employment discrimination, and retaliation for engaging in protected EEO activity. The EEOC shall have an opportunity to view the training materials prior to the training date.
During the second year of this consent decree, Les Schwab Montana shall ensure that all Evergreen store employees, both management and non-management, and a Warehouse human resource representative designated by Les Schwab Montana, will again be provided with three (3) hours of training on harassment, employment discrimination and retaliation.
D. Reference Requests 12. Les Schwab Montana shall ensure no disclosure of information or reference to any charge of discrimination that is the subject of the lawsuit or this lawsuit in responding to employment reference requests regarding Mr. IVevins. Employees will be directed to refer such requests to an appropriate management official at Les Schwab Montana. In response to requests for references from potential employers, no references shall be made to allegations of workplace violence. E. Policies Designed to Promote Supervisor Accountabilitv 13. Les Schwab Montana shall advise all managers at the Evergreen store of their duty to ensure compliance with its EEO policy, and to address any incident or complaint of harassment, discrimination, or retaliation, of which they become aware. If a manager violates

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 5 of 9
Les Schwab Montana's EEO policy, helshe may be subject to discipline up to and including termination and compensation may be affected.
14. Les Schwab Montana agrees that it shall include "commitment to and compliance with equal employment laws, regulations and company policy" or similar designation as a criterion for qualification and evaluation of the Evergreen store managers.
F. Reporting 15. Les Schwab Montana shall report in declaration form to the EEOC beginning six (6) months from the date of the entry of this decree, and thereafter every six months for the duration of the decree the following information: a. Certification of the completion of training and list, including job titles, of attendees set forth in Paragraph 11 above. b. Certification that its EEO policy has been provided to all current and newly hired Evergreen store employees as described in Paragraph 10 above. c. A copy of its EEO policy and a list of any changes, modifications, revocations or revisions to its EEO policy which concern or affect the subject of discrimination and retaliation; and d. A summary of all racial harassment, discrimination and retaliation complaints, if any, filed by employees at the Evergreen store, identified by name, and the resolution of each complaint. G. Posting 16. Les Schwab Montana shall post a Notice, attached as Exhibit A to this consent decree, in the break room at the Evergreen store for the duration of the consent decree.

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 6 of 9
VII. ENFORCEMENT 17. If the EEOC determines that Les Schwab Montana has not complied with the terms of this decree, the EEOC shall provide written notification of the alleged breach to Les Schwab Montana. The EEOC shall not petition the Court for enforcement of the decree for at least thirty (30) days after providing written notification of the alleged breach. The 30-day period following the written notice shall be used by the parties for good faith efforts to resolve the dispute, or for Les Schwab Montana to cure the breach. In those cases where it would take longer than thirty (30) days to cure the breach, Les Schwab Montana may have such additional time as may be necessary by agreement with the EEOC so long as Les Schwab Montana takes all reasonable efforts to cure the breach within the thirty (30) day period.
VIII. RETENTION OF JURISDICTION 18. The United States District Court for the District of Montana shall retain jurisdiction over this matter for the duration of the consent decree.
IX. DURATION AND TERMINATION 19. This consent decree shall be in effect for two (2) years from the date the Court enters the decree. If the EEOC petitions the Court for breach of the consent decree, and the Court finds Les Schwab Montana to be in violation of the terms of the consent decree, the Court may extend the duration of the consent decree.
X. CONCLUSION 20. The parties are not bound by any provision of this decree until it is signed by authorized representatives of each party and is entered by the Court.
Dated this -27th- day of June, 2008.

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 7 of 9
BY: Is1 William R. Tamayo WILLIAM R. TAMAYO Regional Attorney San Francisco District 350 The Embarcadero, Suite 500 San Francisco, California 94 105-1260
JOHN F. STANLEY Supervisory Trial Attorney MOLLY P. K U C ~ K Trial Attorney Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Ph. (206) 220-6892 Fax (206) 220-691 1
Attorneys for Plaintiff EEOC
BY: Is/ Daniel D. Johns DANIEL D. JOHNS KIMBERLY S. MORE Crowley, Haughey, Hanson, Toole & Dietrich PLLP 43 1 First Avenue West P.O. Box 759 Kalispell, Montana 59903-0759 Phone: (406) 752-6644 Fax: (406) 752-5108
STEVE LEHMAN The Crowley Law Firm P.O. Box 2529 Billings, MT 59103 Phone: (406) 255-7237 Fax: (406) 252-5292
KENNETH DIAMOND Winterbauer & Diamond 1200 Fifth Avenue, Suite 1910 Seattle, WA 98101 Phone: 206-676-8440 Fax: 206-676-8441
Attorneys for Defendants

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 8 of 9
ORDER APPROVING CONSENT DECREE
The Court having considered the foregoing stipulated agreement of the parties, IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein.
DATED this

Case 9:06-cv-00149-DWM Document 113 Filed 06/27/08 Page 9 of 9
NOTICE TO EMPLOYEES
This notice is posted pursuant to the settlement of a lawsuit: EEOC v. Les Schwab Tire Centers of Montana, Inc. and Les Schwab Warehouse Center, Inc., CV 06-149-DWM. In accordance with the Consent Decree, Les Schwab Montana will for its Evergreen store provide anti-discrimination training to all employees and managers; distribute its EEO policy to all employees and managers; ensure manager accountability with regard to antidiscrimination practices; and report to the EEOC any complaints of race discrimination, harassment, or retaliation it receives from employees through June ,2010. Federal law prohibits an employer from discriminating against or harassing any individual based on the individual's race or retaliation with respect to hiring, promotion, demotion, terms and conditions of employment, and/or termination. It is unlawful for an employer to retaliate against any individual because he o r she complains of discrimination o r harassment, cooperates with the investigation of a discrimination o r harassment charge by Les Schwab Montana or a government agency, participates as a witness o r potential witness in any investigation or legal proceeding, o r otherwise exercises his or her rights under the law. 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. Should you have any complaints of discrimination, you should contact your assistant manager, manager, area manager, and/or Employee Services a t 54,lEmployees have the right to bring complaints of discrimination, harassment and/or retaliation to the U.S. Equal Employment Opportunity Commission, Seattle Field Office a t
This notice shall remain prominently posted a t the Evergreen store until June-, 2010. This Of?icial Notice shall not be altered, defaced, covered o r obstructed by any other material.
EXHIBIT A

 
 Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 1 of 11
U.S. District Court District of Montana (Missoula) CIVIL DOCKET FOR CASE #: 9:06−cv−00149−DWM

CLOSED

Equal Employment Opportunity Commission v. Les Schwab Tire Centers of Montana, Inc. et al Assigned to: Judge Donald W. Molloy Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 09/25/2006 Date Terminated: 06/27/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by John Freeman Stanley U.S. Equal Employment Opportunity Commission 909 1st Avenue Seattle, WA 98104−1061 206−220−6896 Fax: 206−220−6911 Email: john.stanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Molly Powell U.S. Equal Employment Opportunity Commission 909 1st Avenue Seattle, WA 98104−1061 206−220−6892 Fax: 206−220−6911 Email: molly.kucuk@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William R. Tamayo U.S. Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105−1260 206 220−6883 Fax: 206 220−6911 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Intervenor Plaintiff
Earle Nevins TERMINATED: 06/27/2008

represented by Elizabeth A. Best BEST LAW OFFICES, P.C. P.O. Box 2114 425 Third Avenue North Great Falls, MT 59403−2114 406−452−2933 Fax: 406−452−9920 Email: sheena.bestlawoffices@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Santana N. Caballero KORTUM LAW OFFICE 1382 Airport Road

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 2 of 11
Kalispell, MT 59901 406−257−7944 Fax: 406−257−7945 Email: skortum@kortumlawoffice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William L. Managhan MANAGHAN LAW FIRM PO Box 938 Kalispell, MT 59903 406−257−7944 Fax: 406−257−7945 Email: william@managhanlawfirm.com TERMINATED: 04/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Les Schwab Tire Centers of Montana, Inc.
Defendant

represented by Daniel D. Johns CROWLEY FLECK PO Box 759 1667 Whitefish Stage Road Kalispell, MT 59901 406−752−6644 Fax: 752−5108 Email: djohns@crowleylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Diamond Winterbauer & Diamond 1200 Fifth Avenue Suite 1910 Seattle, WA 98101 Email: ken@winterbauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven J. Lehman CROWLEY FLECK PLLP − BILLINGS 490 North 31st Street, Suite 500 PO Box 2529 Billings, MT 59103−2529 406−252−3441 Fax: 252−5292 Email: slehman@crowleyfleck.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kimberly S. More CROWLEY FLECK PO Box 759 1667 Whitefish Stage Road Kalispell, MT 59901 406−752−6644 Fax: 406−752−5108 Email: kmore@crowleyfleck.com ATTORNEY TO BE NOTICED

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 3 of 11

Les Schwab Tire Warehouse Inc.

represented by Daniel D. Johns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth Diamond (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven J. Lehman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kimberly S. More (See above for address) ATTORNEY TO BE NOTICED

V. Intervenor Defendant Les Schwab Tire Centers of Montana, Inc.
Intervenor Defendant Les Schwab Tire Warehouse

represented by Daniel D. Johns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Diamond (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kimberly S. More (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel D. Johns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Diamond (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kimberly S. More (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/25/2006
09/26/2006 10/03/2006

# Docket Text
1 COMPLAINT JURY TRIAL DEMAND against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Summons# 2 Summons)(Kucuk, Molly Powell) (Entered: 09/25/2006)
Summons Issued as to Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse. (MCN, ) (Entered: 09/26/2006)
Notice of Correction: re 2 Notice of Appearance. (document not dated, Earle Nevins not a party to the case currently−called counsel and she will follow up with a motion to intervene on behalf of Earle Nevins) (BAW, ) (Entered: 10/03/2006)

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 4 of 11

10/23/2006 10/23/2006 10/23/2006 10/25/2006 10/27/2006 10/30/2006 10/30/2006 11/01/2006 11/01/2006 11/06/2006 11/07/2006 11/07/2006 11/08/2006 11/08/2006
11/16/2006
11/16/2006 11/16/2006
11/16/2006
11/17/2006 11/21/2006
12/01/2006

3 MOTION to Intervene by Earle Nevins. (Attachments: # 1 Exhibit A−proposed complaint# 2 Text of Proposed Order)(BAW, ) (Entered: 10/23/2006)
4 Memorandum in Support of 3 MOTION to Intervene . (BAW, ) (Entered: 10/23/2006)
Remark (intervening party and attorneys not added until order is signed). (BAW, ) (Entered: 10/23/2006)
5 ANSWER to Complaint by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse.(More, Kimberly) (Entered: 10/25/2006)
7 ORDER denying 3 Motion to Intervene by Earle Nevins. Signed by Judge Donald W. Molloy on 10/27/2006. (BAW, ) (Entered: 10/30/2006)
6 NOTICE by Earle Nevins re 3 MOTION to Intervene Compliance with L.R. 7.1(j) (Kortum−Managhan, Santana) (Entered: 10/30/2006)
Remark copy of document 7 mailed to counsel Managhan. (BAW, ) (Entered: 10/30/2006)
8 MOTION to Intervene by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(BAW, ) (Entered: 11/03/2006)
9 Memorandum in Support of 8 MOTION to Intervene filed by Earle Nevins. (BAW, ) (Entered: 11/03/2006)
10 NOTICE OF CONVENTIONAL FILING by Equal Employment Opportunity Commission re 8 MOTION to Intervene (BAW, ) (Entered: 11/13/2006)
11 THIRD AMENDED MOTION to Intervene by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(BAW, ) (Entered: 11/13/2006)
12 Brief/Memorandum in Support re 11 MOTION to Intervene filed by Earle Nevins. (Attachments: # 1 Exhibit A)(BAW, ) (Entered: 11/13/2006)
13 NOTICE OF CONVENTIONAL FILING by Earle Nevins re 11 MOTION to Intervene (BAW, ) (Entered: 11/13/2006)
14 ORDER granting 8 Motion to Intervene by Earle Nevins, granting 11 Motion to Intervene . Signed by Judge Donald W. Molloy on 11/8/2006. (BAW, ) (Entered: 11/13/2006)
15 Intervenor COMPLAINT against Defendants Les Schwab Tire Centers of Montana and Les Schwab Tire Warehouse, filed by Earle Nevins. (Attachments: # 1 Exhibit Summons)(Kortum−Managhan, Santana) (Entered: 11/16/2006)
Summons Issued as to Earle Nevins. (BAW, ) (Entered: 11/16/2006)
16 MOTION Kenneth Diamond to Appear Pro Hac Vice by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Text of Proposed Order)(More, Kimberly) (Entered: 11/16/2006)
17 AFFIDAVIT re 16 MOTION Kenneth Diamond to Appear Pro Hac Vice by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (More, Kimberly) (Entered: 11/16/2006)
PHV fee: $ 250.00, receipt number 45103 for Kenneth Diamond (APP, ) (Entered: 11/17/2006)
18 ORDER granting 16 Motion to Appear Pro Hac Vice for Attorney Kenneth Diamond for Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Inc. . Signed by Judge Donald W. Molloy on 11/21/2006. (BAW, ) (Entered: 11/21/2006)
19 Order Setting Preliminary Pretrial Conference: Preliminary Pretrial Statement due by 4/6/2007. Joint Discovery Plan due by 4/6/2007. Pretrial Conference set for 4/13/2007 11:00 AM in Missoula, MT before Judge Donald W. Molloy.Signed by Judge Donald W. Molloy on 12/1/2006. (SLP) (Entered: 12/01/2006)

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 5 of 11

01/26/2007 01/26/2007 02/16/2007 02/21/2007 04/05/2007
04/05/2007
04/06/2007 04/06/2007 04/06/2007 04/13/2007 04/19/2007
05/29/2007 05/30/2007 05/31/2007 06/01/2007
06/14/2007 06/20/2007 07/31/2007 07/31/2007

20 ANSWER to Intervenor Complaint by Les Schwab Tire Centers of Montana, Inc..(Johns, Daniel) (Entered: 01/26/2007)
21 ANSWER to Intervenor Complaint by Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 01/26/2007)
22 JOINT DISCOVERY PLAN. (Kortum−Managhan, Santana) (Entered: 02/16/2007)
23 NOTICE of Appearance by Steven J. Lehman on behalf of all defendants (Lehman, Steven) (Entered: 02/21/2007)
24 PRELIMINARY PRETRIAL STATEMENT by Earle Nevins. (Best, Elizabeth) Modified on 4/5/2007 to indicate the Help Desk was called by the filer to explain the cert. of svc. on this document.All parties were served electronically except for John Stanley who received a copy in the mail from the filer. (SLN, ). (Entered: 04/05/2007)
Remark : The Help Desk was called by E. Best's office to advise the certificate of service on document 24 is not completed at the top. All parties in this case were served electronically except for John Stanley and he was served with document 24 by US mail service. (SLN) (Entered: 04/05/2007)
25 PRELIMINARY PRETRIAL STATEMENT by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 04/06/2007)
26 PRELIMINARY PRETRIAL STATEMENT by Les Schwab Tire Centers of Montana, Inc.. (Johns, Daniel) (Entered: 04/06/2007)
Remark − document no. 27 was deleted because it was a duplicate of document no. 26. Document no. 27 will be used again. (CLP, ) (Entered: 04/06/2007)
27 Minute Entry for proceedings held before Judge Donald W. Molloy : Initial Pretrial Conference held on 4/13/2007. (CLP, ) (Entered: 04/16/2007)
28 SCHEDULING ORDER: Final Pretrial Conference set for 7/2/2008 11:00 AM in Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 8/31/2007. Discovery due by 1/31/2008. Jury Trial set for 7/21/2008 08:30 AM in Missoula, MT before Judge Donald W. Molloy. Motions due by 3/31/2008. . Signed by Judge Donald W. Molloy on 4/19/2007. (CLP, ) Modified on 4/19/2007 to reflect a copy was mailed to John Stanley(CLP, ). (Entered: 04/19/2007)
29 NOTICE of Substitution of Counsel AND WITHDRAWAL OF COUNSEL by Equal Employment Opportunity Commission (Stanley, John) (Entered: 05/29/2007)
Notice of Correction: re 29 Notice of Substitution of Counsel (called counsel Stanley to refile this document). John Stanley must sign the document in lieu of Kathryn Olson; and signature on COS does not conform. (baw) (Entered: 05/30/2007)
30 NOTICE by Equal Employment Opportunity Commission CLARIFICATION (Kucuk, Molly Powell) (Entered: 05/31/2007)
NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 30 Notice (Other). The signature on this document does not comply with L.R. 11.1 (b) and section I(i) of the ECF Administrative Procedures Manual, or the document is not dated. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (The person e−filing the document MUST be the same as the person who electronic signs the PDF with the /s/) (clp) (Entered: 06/01/2007)
31 NOTICE by Equal Employment Opportunity Commission of Unavailability of Counsel (Kucuk, Molly Powell) (Entered: 06/14/2007)
32 NOTICE by Equal Employment Opportunity Commission Of Unavailability of Counsel, John F. Stanley (Stanley, John) (Entered: 06/20/2007)
33 NOTICE to Take Deposition of Earle Nevins by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 07/31/2007)
34 NOTICE to Take Deposition of Mark Meagher, Dave Ogren, Marty Cahill, Dustin Martell, John Tennant, Robert Willard, and Brendon Hammond by Earle Nevins.(Best,

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 6 of 11

07/31/2007 08/06/2007 08/07/2007 08/13/2007 08/14/2007 08/15/2007
08/16/2007 08/16/2007
08/16/2007
08/20/2007 08/22/2007
08/23/2007 08/27/2007 08/28/2007 09/04/2007 09/28/2007

Elizabeth) (Entered: 07/31/2007)
35 NOTICE to Take Deposition of Mark Meagher, Dave Ogren, Marty Cahill, Dustin Martell, John Tennant, Robert Willard, and Brandon Hammack by Earle Nevins.(Best, Elizabeth) (Entered: 07/31/2007)
36 NOTICE by Earle Nevins re 33 Notice to Take Deposition (Kortum−Managhan, Santana) (Entered: 08/06/2007)
37 NOTICE to Take Deposition of Earle Nevins by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 08/07/2007)
38 MOTION to Amend/Correct 15 Intervenor Complaint by Earle Nevins. (Attachments: # 1 Amended Complaint# 2 Text of Proposed Order)(Kortum−Managhan, Santana) (Entered: 08/13/2007)
39 ORDER granting 38 Motion to Amend. Signed by Judge Donald W. Molloy on 8/14/2007. (baw) (Entered: 08/15/2007)
40 AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC's First Amended Complaint# 2 Exhibit Proposed Order Amending Complaint)(Kucuk, Molly Powell) Document to be refiled by attorney using correct event. (Entered: 08/15/2007)
Notice of Correction: re 40 Amended Complaint; document filed in error−attorney contacted and will refile document. (baw) (Entered: 08/16/2007)
41 MOTION For Leave to Amend Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Complaint# 2 Text of Proposed Order Order Granting Motion to Amend Complaint)(Kucuk, Molly Powell) Modified on 8/17/2007 (CAD, )to convert this entry into the correct Motion as it was filed using an incorrect event. (Entered: 08/16/2007)
Notice of Incorrect Docket Event: re 41 MOTION for Leave. Incorrect event used: Amend/Correct. correct event to use: Motion for Leave. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (cad) (Entered: 08/17/2007)
42 ORDER granting 41 MOTION for Leave to amend filed by Equal Employment Opportunity Commission. Signed by Judge Donald W. Molloy on 8/20/2007. (baw) (Entered: 08/20/2007)
43 Joint MOTION for Extension of Time to Amend Pleadings by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Text of Proposed Order)(Johns, Daniel) Additional attachment(s) added on 8/23/2007 (BAW, ). (Entered: 08/22/2007)
Remark− called counsel Johns to email to the clerk, the correct pdf for text of proposed order on document 43 . (baw) (Entered: 08/23/2007)
44 ORDER granting 43 Motion for Extension of Time to Amend pleadings until 9/28/07. Signed by Judge Donald W. Molloy on 8/27/2007. (baw) (Entered: 08/27/2007)
45 ANSWER to Complaint (Intervening Party's First Amended) by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 08/28/2007)
46 Defendants' ANSWER to Amended Complaint of EEOC by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 09/04/2007)
47 First MOTION for Leave to File Answers to Amended Complaints by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 − Brief in Support (this event shall be filed seperately) # 2 − Proposed Amended Answer TO EEOCS FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND # 3 − Proposed AMENDED ANSWER TO INTERVENING PARTYS FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND Case 9:06−cv−00149−DWM Document 47−4 Filed 09/28/2007 Page 1 of

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 7 of 11

10/01/2007
10/01/2007
10/02/2007 10/05/2007 10/17/2007 11/09/2007 11/13/2007 11/13/2007 11/26/2007 12/03/2007 12/03/2007 12/27/2007 12/27/2007 01/15/2008 01/22/2008 01/25/2008 01/25/2008
02/04/2008

8)(Johns, Daniel) Modified on 10/1/2007 to change event from "Motion to Amend/Correct" to "Motion for Leave" − modified text accordingly − also modified event to describe attachments to Motion(CDH, ). (Entered: 09/28/2007)
Notice of Incorrect Docket Event: re 47 First MOTION to Amend/Correct Answers to Amended Complaints. Incorrect event used: Motion to Amend/Correct. correct event to use: Motion for Leave to File Document. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (cdh) (Entered: 10/01/2007)
Notice of Correction: re 47 MOTION for Leave to File − ATTACHMENT #1 TO MOTION (BRIEF IN SUPPORT) NEEDS TO BE FILED AS A SEPERATE EVENT using "Responses and Replies", "Brief/Memorandum in Support". (cdh) (Entered: 10/01/2007)
48 NOTICE by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse (Johns, Daniel) (Entered: 10/02/2007)
49 RESPONSE to Motion re 47 MOTION for Leave to File filed by Earle Nevins. (Kortum−Managhan, Santana) (Entered: 10/05/2007)
50 NOTICE to Take Deposition of Bill Smith by Earle Nevins.(Kortum−Managhan, Santana) (Entered: 10/17/2007)
51 ORDER granting 47 Motion for Leave to File amended answers. Signed by Judge Donald W. Molloy on 11/9/2007. (slp) (Entered: 11/09/2007)
52 MOTION in Limine by Earle Nevins. (Kortum−Managhan, Santana) (Entered: 11/13/2007)
53 Brief/Memorandum in Support re 52 MOTION in Limine filed by Earle Nevins. (Kortum−Managhan, Santana) (Entered: 11/13/2007)
54 RESPONSE to Motion re 52 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 11/26/2007)
55 REPLY to Response to Motion re 52 MOTION in Limine filed by Earle Nevins. (Kortum−Managhan, Santana) (Entered: 12/03/2007)
56 NOTICE of Change of Address by Santana N. Kortum (Kortum, Santana) (Entered: 12/03/2007)
57 First Amended ANSWER to Amended Complaint of EEOC by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 12/27/2007)
58 First Amended ANSWER to Intervenor Complaint (First Amended) by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 12/27/2007)
59 NOTICE to Take Deposition of 30(b)(6) Corporate Designee by Equal Employment Opportunity Commission.(Kucuk, Molly Powell) (Entered: 01/15/2008)
60 Corporate Disclosure Statement by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 01/22/2008)
61 MOTION to Quash EEOC's Notice of Deposition by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 01/25/2008)
62 Brief/Memorandum in Support re 61 MOTION to Quash EEOC's Notice of Deposition filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A−D)(Johns, Daniel) (Entered: 01/25/2008)
63 RESPONSE to Motion re 61 MOTION to Quash EEOC's Notice of Deposition Pursuant to FRCP 30(b)(6) filed by Equal Employment Opportunity Commission.

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 8 of 11

02/14/2008
02/15/2008 02/15/2008 02/19/2008 02/19/2008 02/19/2008 02/19/2008
02/27/2008 02/27/2008 02/28/2008
03/07/2008 03/07/2008 03/07/2008

(Attachments: # 1 Affidavit Declaration of Molly P. Kucuk# 2 Exhibit No. 1 (Email Exchange)# 3 Exhibit No. 2 (EEOC's First Discovery Requests)# 4 Exhibit No. 3 (Defendants' Responses to EEOC's First Discovery Responses)# 5 Exhibit No. 4 (EEOC's Second Set of Written Discovery)# 6 Exhibit No. 5 (Defendants' Responses to EEOC's Second Set of Discovery))(Kucuk, Molly Powell) (Entered: 02/04/2008)
64 Joint MOTION to Compel Certain Discovery Requests by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Memorandum in Support of Motion# 2 Supplement Declaration of Molly P. Kucuk in Support of Motion# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Text of Proposed Order Granting Plaintiffs' Motion to Compel)(Kucuk, Molly Powell) Modified on 2/15/2008 to reflect that filing party has been instructed to file "attachment #1" of this entry as a seperate filing using "Brief/Memorandum in Support" (CDH, ). (Entered: 02/14/2008)
Notice of Correction: re 64 Joint MOTION to Compel Certain Discovery Requests Filing party is required to file "attachment #1" to the Motion to Compel as a seperate event using "Brief/Memorandum in Support" located under the "Responses and Replies" category. (CDH, ) (Entered: 02/15/2008)
65 Brief/Memorandum in Support re 64 Joint MOTION to Compel Certain Discovery Requests filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 02/15/2008)
66 REPLY to Response to Motion re 61 MOTION to Quash EEOC's Notice of Deposition filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H# 5 Exhibit I# 6 Exhibit J)(Johns, Daniel) (Entered: 02/19/2008)
67 MOTION for Partial Summary Judgment by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.Responses due by 3/10/2008. (Johns, Daniel) (Entered: 02/19/2008)
68 Brief/Memorandum in Support re 67 MOTION for Partial Summary Judgment filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 02/19/2008)
69 Statement of Undisputed Fact re: 68 Brief/Memorandum in Support, 67 MOTION for Partial Summary Judgment by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Johns, Daniel) (Entered: 02/19/2008)
70 Second MOTION in Limine Plaintiffs' by Earle Nevins. (Best, Elizabeth) (Entered: 02/27/2008)
71 Brief/Memorandum in Support re 70 Second MOTION in Limine Plaintiffs' filed by Earle Nevins. (Best, Elizabeth) (Entered: 02/27/2008)
72 RESPONSE to Motion re 64 Joint MOTION to Compel Certain Discovery Requests filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D pgs. 1−52# 5 Exhibit D pgs. 53−104# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I pgs. 1−44# 11 Exhibit I pgs. 45−88# 12 Exhibit J)(Johns, Daniel) (Entered: 02/28/2008)
73 MOTION for Leave to File Overlength Response to Defendant's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Kucuk, Molly Powell) (Entered: 03/07/2008)
74 Brief/Memorandum in Support re 73 MOTION for Leave to File Overlength Response to Defendant's Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/07/2008)
75 MOTION for Protective Order by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(Best, Elizabeth) (Entered: 03/07/2008)

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 9 of 11

03/07/2008 03/07/2008 03/07/2008 03/07/2008
03/07/2008 03/07/2008 03/10/2008 03/10/2008 03/10/2008
03/10/2008
03/11/2008 03/11/2008 03/12/2008

76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.Responses due by 03/31/08. (Johns, Daniel) Modified on 3/10/2008 (CAD, ) to change response due date. (Entered: 03/07/2008)
77 Brief/Memorandum in Support re 75 MOTION for Protective Order filed by Earle Nevins. (Best, Elizabeth) (Entered: 03/07/2008)
78 Brief/Memorandum in Support re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/07/2008)
79 Statement of Undisputed Fact re: 78 Brief/Memorandum in Support, 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit K# 11 Exhibit L# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Johns, Daniel) (Entered: 03/07/2008)
80 MOTION in Limine by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/07/2008)
81 Brief/Memorandum in Support re 80 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H# 8 Exhibit I# 9 Exhibit J# 10 Exhibit K)(Johns, Daniel) (Entered: 03/07/2008)
82 REPLY to Response to Motion re 64 Joint MOTION to Compel Certain Discovery Requests filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Molly Kucuk# 2 Exhibit #1# 3 Exhibit #2# 4 Exhibit #3# 5 Exhibit #4# 6 Exhibit #5# 7 Exhibit #6# 8 Exhibit #7# 9 Exhibit #8# 10 Exhibit #9)(Kucuk, Molly Powell) (Entered: 03/10/2008)
83 TEXT ORDER denying 73 Motion for Leave to File Overlength Brief in Response to Defendants' Motion for Partial Summary Judgment Signed by Judge Donald W. Molloy on 3/10/2008. (slp) (Entered: 03/10/2008)
84 RESPONSE to Motion re 67 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Errata S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W)(Kucuk, Molly Powell) (Entered: 03/10/2008)
85 Statement of Genuine Issues re: 67 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 5# 5 Exhibit 6# 6 Exhibit 7# 7 Exhibit 8# 8 Exhibit 9# 9 Exhibit 10# 10 Exhibit 11# 11 Exhibit 11# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 19# 18 Exhibit 20# 19 Exhibit 21# 20 Exhibit 22# 21 Exhibit 23# 22 Exhibit 24# 23 Exhibit 25# 24 Exhibit 26)(Kucuk, Molly Powell) (Entered: 03/10/2008)
86 NOTICE of Filing Exhibits No. 4 re: 85 Statement of Genuine Issues,, (Kucuk, Molly Powell) (Entered: 03/11/2008)
87 NOTICE of Filing Exhibits No. 18 re: 85 Statement of Genuine Issues,, (Kucuk, Molly Powell) (Entered: 03/11/2008)
88 RESPONSE to Motion re 70 Second MOTION in Limine Plaintiffs' filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Johns, Daniel) (Entered: 03/12/2008)

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 10 of 11

03/13/2008 03/24/2008 03/25/2008 03/25/2008
03/26/2008 03/27/2008 03/27/2008 03/27/2008
04/02/2008 04/02/2008 04/09/2008 04/10/2008
04/10/2008 04/21/2008 04/22/2008

89 RESPONSE to Motion re 80 MOTION in Limine filed by Earle Nevins. (Best, Elizabeth) (Entered: 03/13/2008)
90 REPLY to Response to Motion re 67 MOTION for Partial Summary Judgment filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/24/2008)
91 REPLY to Response to Motion re 70 Second MOTION in Limine Plaintiffs' filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/25/2008)
92 DECLARATION re 91 Reply to Response to Motion in Limine filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1, Deposition of Parks# 2 Exhibit No. 2, Deposition of Hueske# 3 Exhibit No. 3, Deposition of Nevins# 4 Exhibit No. 4, Deposition of Nevins# 5 Exhibit No. 5, Phone Transcript Part 1# 6 Exhibit No. 5, Walker Phone Transcript Part 2)(Kucuk, Molly Powell) (Entered: 03/25/2008)
93 REPLY to Response to Motion re 80 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit L)(Johns, Daniel) (Entered: 03/26/2008)
94 RESPONSE to Motion re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/27/2008)
95 Statement of Genuine Issues re: 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/27/2008)
96 DECLARATION re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge in Support of Response filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1# 2 Exhibit No. 2# 3 Exhibit No. 3, Part 1# 4 Exhibit No. 3, Part 2# 5 Exhibit No. 4# 6 Exhibit No. 5# 7 Exhibit No. 6# 8 Exhibit No. 7# 9 Exhibit No. 8# 10 Exhibit No. 9# 11 Exhibit No. 10)(Kucuk, Molly Powell) (Entered: 03/27/2008)
97 ORDER granting 52 Motion in Limine. This kind of motion should be worked out between counsel and should not require the court's intervention.. Signed by Judge Donald W. Molloy on 4/2/2008. (Molloy, Donald) (Entered: 04/02/2008)
98 ORDER denying 61 Motion to Quash. If defendants have not complied with the Rule 30(b)(6) deposition designation they shall, within 10 days, designate an individual, or individuals to answer the questions set forth in the deposition notice.. Signed by Judge Donald W. Molloy on 4/2/2008. (Molloy, Donald) (Entered: 04/02/2008)
99 Unopposed MOTION to Withdraw as Attorney Wiliam Managhan by Earle Nevins. (Kortum, Santana) (Entered: 04/09/2008)
100 REPLY to Response to Motion re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A)(Johns, Daniel) (Entered: 04/10/2008)
101 ORDER granting 99 Motion to Withdraw as Attorney. Added attorney Santana N. Kortum for Earle Nevins. Attorney William L. Managhan terminated. Signed by Judge Donald W. Molloy on 4/10/2008. (BAW, ) (Entered: 04/10/2008)
102 Joint MOTION for Settlement Conference by Magistrate Judge Molly Powell Kucuk appearing for Plaintiff Equal Employment Opportunity Commission (Kucuk, Molly Powell) (Entered: 04/21/2008)
103 ORDER granting 102 Motion for Settlement Conference. Signed by Judge Donald W. Molloy on 4/22/2008. (slp) (Entered: 04/22/2008)

Case: 9:06-cv-149 As of: 05/23/2018 07:53 AM MDT 11 of 11

04/22/2008 04/22/2008 04/25/2008 04/25/2008 04/28/2008 04/28/2008 04/28/2008 04/28/2008 04/28/2008 04/28/2008 05/22/2008
05/28/2008 06/02/2008 06/23/2008 06/27/2008
06/27/2008 06/27/2008 06/27/2008

CASE REFERRED to Magistrate Judge Jeremiah C. Lynch for the purpose of conducting a settlement conference. (slp) (Entered: 04/22/2008)
104 Order Setting: Telephonic Scheduling Conference set for 4/25/2008 10:00 AM in Missoula, MT before Jeremiah C. Lynch.. Signed by Jeremiah C. Lynch on 4/22/2008. (TXB, ) (Entered: 04/22/2008)
105 Order Setting: Settlement Conference set for 5/28/2008 09:00 AM in Missoula, MT before Jeremiah C. Lynch.. Signed by Jeremiah C. Lynch on 4/25/2008. (TXB, ) (Entered: 04/25/2008)
106 Minute Entry for proceedings held before Jeremiah C. Lynch: Telephonic Scheduling Conference held on 4/25/2008. (TXB, ) (Entered: 04/25/2008)
Set/Reset Deadlines as to 64 Joint MOTION to Compel Certain Discovery Requests. Motions ripe 2/28/2008. (BAW, ) (Entered: 04/28/2008)
Set/Reset Deadlines as to 67 MOTION for Partial Summary Judgment. Motions ripe 3/10/2008. (BAW, ) (Entered: 04/28/2008)
Set/Reset Deadlines as to 70 Second MOTION in Limine Plaintiffs'. Motions ripe 3/12/2008. (BAW, ) (Entered: 04/28/2008)
Set/Reset Deadlines as to 75 MOTION for Protective Order. Motions ripe 3/21/2008. (BAW, ) (Entered: 04/28/2008)
Set/Reset Deadlines as to 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time−barred claims and claims of retaliatory discharge. Motions ripe 3/27/2008. (BAW, ) (Entered: 04/28/2008)
Set/Reset Deadlines as to 80 MOTION in Limine. Motions ripe 3/13/2008. (BAW, ) (Entered: 04/28/2008)
107 Stipulated Motion to Use Juror Questionnaire Daniel D. Johns appearing for Defendants Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Intervenor Defendants Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse (Attachments: # 1 Exhibit Proposed Juror Questionnaire) (Johns, Daniel) (Entered: 05/22/2008)
108 Minute Entry for proceedings held before Jeremiah C. Lynch: Settlement Conference held on 5/28/2008. (TXB, ) (Entered: 06/02/2008)
Set Deadlines as to 107 Stipulated Motion to Use Juror Questionnaire. Responses due by 6/6/2008. Replies due by 6/20/2008. Motions ripe 6/6/2008. (BAW, ) (Entered: 06/02/2008)
109 Order Setting: Consent Decree due by 7/2/2008. Signed by Judge Donald W. Molloy on 6/23/2008. (slp) (Entered: 06/23/2008)
110 Unopposed MOTION to Dismiss Earle Nevins' Claims Daniel D. Johns appearing for Defendants Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Intervenor Defendants Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse (Attachments: # 1 Text of Proposed Order) (Johns, Daniel) (Entered: 06/27/2008)
111 Proposed Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A: Notice to Employees) (Kucuk, Molly Powell) (Entered: 06/27/2008)
112 ORDER granting 110 Motion to Dismiss Intervening Party Earle Nevins' claims as fully resolved, with each party to pay their own costs and attorneys fees. Signed by Judge Donald W. Molloy on 6/27/2008. (slp) (Entered: 06/27/2008)
113 ORDER and CONSENT DECREE. Signed by Judge Donald W. Molloy on 6/27/2008. (BAW, ) (Entered: 06/27/2008)