UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

U.S. ~T~CT COURT WESTER~ O~$TR~CT OF LOUISIANA
FILf.D
MAY 0 3 2002

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
No
ASPLUNDH TREE EXPERT CO.,
Defendant

DIvI GE WALTER

JU t GISTRa rE JUDGE PA ’NE

MAG.

*

JURY DEMAND

COMPLAINT

NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United States Equal Employment Opportunity Commission, and files its Complaint with Jury Demand. Plaintiff respectfully avers as follows:
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Mr. Ronnie Collins, Jr. ("Collins") and any individuals in like or related situations, who were adversely affected by being harassed or subjected to a hostile work environment because of sex (male).

JURISDICTION AND VENUE 1.
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § § 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S,C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. Venue is proper in this Court under 28 U.S.C. § 1391 and Section 706(f)(3) of Title VII, 42 U.S.C. § 2000e-5(f)(3). The unlawful actions which are the subject of the instant lawsuit occurred within the district of this Court.
PARTIES 3.
Plaintiff, the United States Equal Employment Opportunity Commission (referred to hereinafter as the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. Made Defendant herein is Asplundh Tree Expert Co., a Pennsylvania-domiciled corporation (referred to hereinafter as "Defendant" or "Asplundh"). At all relevant times, Defendant has been doing business within the State of Louisiana and has had at least fifteen (15) employees.
2

o
At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. § § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6.
More than thirty (30) days prior to the institution of this lawsuit, Collins filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Defendant was at all times relevant and continues to be Collins’s "employer" within the meaning of Title VII.
8. During the period of October 16, 1999 through September 5, 2000, Defendant’s employee at its Shreveport, Louisiana operations subjected Collins to severe and pervasive sexual harassment and/or a hostile work environment because of his sex in violation of Section 703 of Title VII, 42 U.S.C. §§ 2000e-2. The harassment included repeated and unwelcome sexually suggestive remarks, sexually graphic statements and overtures that were directed toward Collins and/or other co-workers in Collins’s presence; offensive physical closeness coupled with sexually suggestive statements and overtures that were directed toward Collins and/or other coworkers in Collins’s presence; requests for sexual favors that were directed toward Collins and/or other co-workers in Collins’s presence, and at least one occasion of the offending employee’s
3

sexually suggestive touching of Collins. The offending statements included, but were not limited to:
(a) "I need some black dick. Go to my company truck; look in the glove box; get one of those black condoms, put it on and come fuck me in the ass."
(b) "Could he suck my dick?" (c) "Would you let me suck your dick if I take out my false teeth?" (d) "You got a good looking ass." (e) "Pull out your dick and I’ll suck it" (while the harasser was on his knees and
positioned within a few inches of Collins’s crotch). 9.
Defendant officials with managerial and/or supervisory authority, who were "agents" of Defendant within the meaning of Title VII, knew or should have known about the sexual harassment to which Collins was being subjected, but failed to take prompt, effective, appropriate remedial measures in response. Despite reports about the harassment from Collins and his co-workers to their supervisors, the offending employee continued to harass Collins and his co-workers.
10. Defendant did not have an effective system in place during the relevant period to prevent its employees from being subjected to sexual harassment and did not take appropriate reasonable steps to prevent Collins, and any individuals in like or related situations, from being subjected to illegal harassment and/or subjected to a hostile work environment in violation of Title VII.

11. The effect of the practices complained of herein was alteration of the terms and conditions of Collins’ employment and/or interference with his ability to perform his job, resulting in damages to Collins’s psyche and state of mental well-being and other damages to be proved at trial.
12. The unlawful practices of Defendant complained of herein have deprived Collins, and any individuals in like or related situations, of equal employment opportunities, have otherwise adversely affected the conditions of their employment because of their sex (male), and caused them to suffer nonpecuniary injuries.
13. The unlawful employment practices complained of herein were intentional.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:

No

Grant a permanent injunction enjoining Defendant, its officers, managers,

supervisors, successors, assigns, and all persons in active concert or participation

with it, from engaging in discrimination in the workplace on the basis of gender,

including but not limited to creating, perpetuating, allowing or condoning sexual

harassment and/or a hostile work environment on the basis of sex;

No

Order Defendant to institute and carry out policies, practices, and programs which

are designed 1) to prevent sexual harassment and/or a hostile work environment

5

on the basis of sex and 2) to eradicate the effects of its past unlawful employment practices; C. Order Defendant to make whole Collins, and any individuals in like or related situations, by providing them compensation for nonpecuniary losses resulting from the unlawful employment practices described above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial; D. Award the Commission its costs of this action; and E. Grant such further relief as the Court deems necessary and proper in the public interest.
JURY TRIAL DEMAND The Commission requests a jury trial on all issues raised by this Complaint.

Date:

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number

Regional Attorney Bar Roll Number 15200000

Supervisory Trial Attorney Bar Roll Number 1286

N. ELEANOR GRAHAM Senior Trial Attorney Bar Roll no. 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Telephone: (504) 589-6922 (Graham)
(504) 589-6942 (Butler) (504) 589-6817 (Hill) Facsimile: (504) 589-2805 COUNSEL FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
REGISTERED AGENT FOR SERVICE OF PROCESS:
CT CORPORATION SYSTEM 8550 United Plaza Blvd. Baton Rouge, LA 70809
7

 
 5

UNITED STATES DISTRICT COURT (.,\~~ESTERNSHDRISETVREIPCOTRTODFIVLIOSIUOINSIANA

FILED u.$. DI$]’RICT COURT WE,~’I’ERlt DISTRICT OF LOUI$1AIIA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, an agency of the United States C.A. NO. CV02-0887 S of~edca,
Plaintiff

Wo

JUDGE WALTER

ASPLUNDH TREE EXPERT CO., a Corporation

domiciled in the Commonwealth of Permsylvania,

Defendant.

MAGISTRATE JUDGE PAYNE

Defendant

INTERVENORS, RONNIE COLLINS, JR., JAMES BALDWIN, BILL LOPEZ, AND ROBERT RUSHING’S COMPLAINT IN INTERVENTION
Intervenors, Ronnie Collins, Jr., James Baldwin, Bill Lopez and Robert Rushing, file this complaint in intervention as a party-plaintiff, as authorized by Federal Rule of Civil Procedure 24.
A. Introduction Intervenor, Ronnie Collins, Jr., is a an individual domiciled in the State of Arkansas. 2. Intervenor, James Baldwin, is a an individual domiciled in the State of Louisiana 3. Intervenor, Bill Lopez, is a an individual domiciled in the State of Louisiana 4. Intervenor, Robert Rushing, is a an individual domiciled in the State of Louisiana 5. Plaintiff, The U.S. Equal Employment Opportunity Commission is a an agency of the United States of America, and will be served with a copy of this complaint through its

attorney of record, N. Eleanor Graham, at EEOC, 701 Loyola, Suite 600, New Orleans, LA 70113, New Orleans, LA, by certified mail.
6. Defendant, Asplundh Tree Expert Co.. is a foreign corporation organized pursuant to the laws of the Commonwealth of Pennsylvania and therein domiciled. Defendant will be served with a copy of this complaint through its attorneys of record, Ms. Tammy L. Dobbs, at Constanga, Brooks & Smith, LLC, 1901 6th Avenue N., Suite 1410 AmSouth/Harbert Plaza, Birmingham, LA 35203-2602, and Robert L. Shemwell, Jr., 910 Kings Highway, Shreveport, LA 71104, by certified mail.
B. The Original Lawsuit 7. Plaintiff sued Defendant for employment discrimination in the form of sexual harassment. Defendant, Asplundh Tree Expert Co. has not filed an answer.
C. I_ntervenors’ Cause Of Action 8. Intervenors adopt, incorporate and reallege all the allegations of the original complaint filed herein by the U.S. Equal Opportunity Commission. 9. Intervenors are persons aggrieved by the conduct of the Defendant as complained of in the original complaint.
D. Damages 10. Intervenors have suffered a loss of income, humiliation, embarrassment, mental and emotional pain and suffering, inconvenience, and loss of enjoyment of life as a result of the conduct of Defendant, its agents and employees, as described in the original complaint.
E. Prayer t 1. For these reasons, intervenors pray that after due proceedings they recover judgmen-t against Defendant, Asplundh Tree Expert Co., for the following:

injunctive relief enjoining the Defendant’s conduct;

awards of damages to compensate them for their loss of income,

humiliation, embarrassment, mental and emotional pain and suffering,

inconvenience, and loss of enjoyment of life;

Co

awards of damages to in amounts sufficient to punish the Defendant for its

conduct and to deter it from further conduct of a like nature; and

Do

an award of the reasonable expenses of litigation, including a reasonable

attorney’s fee.

Respectfully submitted,

William T. Allison LSBA Roll No. 2420 E-Mail: bill@allisonlaw.comS
THE ALLISON LAW FIRM, INC.
509 Milam Street P. O. Box 1523 Shreveport, LA 71165-1523 Telephone: 318.221.0300 Facsimile: 318.213.1799
TRIAL COUNSEL FOR Intervenors, Ronnie Collins, Jr., James Baldwin, Bill Lopez, and Robert Rushing

CERTIFICATE OF SERVICE
I certify that I sent a copy of Motion to Intervene as of Right Memorandum in Support, and Complaint of Intervention to each party’s attorney listed below on July 2, 2002, by the method indicated next to the attorney’s name.

William T. Allison

U.S. Equal Employment Opportunity Commission, represented by

N. Eleanor Graham

Certified mail #7001 0320 0004 6397 4879

701 Loyola, Suite 600

New Orleans, LA 70113

Tel. (504) 589-6922

Fax (504) 589-2805

Asplundh Tree Expert Co., represented by Tammy L. Dobbs 1901 6th Avenue N., Suite 1410 Birmingham, AL 35203-2602 Tel. (205) 252-9321 Fax (205) 323-7674

Certified mail #7001 0320 0004 6397 4862

Asplundh Tree Expert Co., represented by Robert L. Shemwell, Jr. 910 Kings Highway Shreveport, LA 71104 Tel. (318) 222-2100 Fax (318) 226-5100

Certified mail #7001 0320 0004 6397 4855

 
 Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 1 of 6

S~RECE\VED

~ .

OC' 0 6 2.003 UNITED STATES DISTRICT COURT

~~r:r~JI ~i')~~,C.\:;n'IW?E;L.l~..?c~~L~\EAINWA ESTSEHRRNEDVISETPROIRCTTDOIFVILSOIOmNSIANA SHR~_'!r:?OR'~ L.JU·,-,

U. S. DISTRICT COURT WESH RN DISl RICl OF LOUISIAtiA
ILE
, ERK

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff v. ASPLUNDH TREE EXPERT CO.,
Defendant

*

CIVIL ACTION

*

NO. 02-0887

*

* JUDGE HICKS

*

*

MAGISTRATE PAYNE

*

*

*

*

CONSENT DECREE

On May 3,2002, the Equal Employment Opportunity Commission ("the Commission") instituted Civil Action Number 02-0887 in the United States District Court for the Western District of Louisiana, charging Defendant Asplundh Tree Expert Co. ("Asplundh"), with violation of Section 703 of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-2(a)(''Title Vll"), alleging that Asplundh discriminated against Mr. Ronnie Collins, Jr. ("Ronnie Collins" or "Mr. Collins") by subjecting him to sexual harassment and/or a sexually hostile work environment. The Commission's suit sought to provide relief for Mr. Collins and similarly situated unnamed individuals. Asplundh denies that it subjected Mr. Collins to sexual harassment and/or a sexually hostile work environment or that it engaged in any conduct in violation of Title Vll. The Commission and Asplundh now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court.

Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 2 of 6
"
THEREFORE, IT IS HEREBY AGREED BETWEEN THE COMMISSION AND ASPLUNDH AND ORDERED, ADJUDGED, AND DECREED that:
I. This Court has jurisdiction over the subject matter of this lawsuit and over the parties to this lawsuit.
2. The purposes of Title vn will be furthered by the entry of this Decree, the terms
of which constitute a fair and equitable settlement. 3. The negotiation, execution and entry of this Decree will resolve any and all
claims of the Title vn violations brought by the Commission against Asplundh arising out of
Commission Charge Number 270-AI-0553, which was filed by Ronnie Collins, and this lawsuit, Civil Action Number 02-0887.
4. This Decree relates only to the alleged violations of Title vn raised in
Commission Charge Number 270-AI-0553 and by the Commission's suit. Further, it is expressly acknowledged and agreed by the Commission and Asplundh that this Decree does not relate to or purport to settle any individual claims of Ronnie Collins as Plaintiff-Intervenor in the Commission's suit; and the parties acknowledge that due to Mr. Collins's intervention in the Commission's suit, any monetary and individual relief that may be obtained by him against Asplundh in that action shall be incorporated by reference into this agreement between the Commission and Asplundh as constituting any relief that the Commission would seek on his behalf arising out of any and all claims raised by EEOC Charge Number 270-AI-0553 and the Commission's suit. Further, it is expressly acknowledged and agreed by the Commission and Asplundh that this Decree does not relate to or purport to settle any other charges or any
2

Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 3 of 6
individual claims of Robert Rushing, Bill Lopez, and James Baldwin as Plaintiffs-Intervenors in the Commission's suit.
5. Neither the negotiation, execution, nor entry of this Decree shall constitute an acknowledgment or admission of any kind by Asplundh, that its officers, agents or employees have violated or have not been in compliance with Title VII or with any other applicable law, regulation or order.
6. Asplundh has implemented and agrees to continue training its Foremen, General Foremen, Supervisors, and field employees in the Shreveport, Louisiana area on the topic of sexual harassment, which training will be performed at a minimum once each year during the life of this decree.
7. Asplundh agrees to continue posting the Commission's "Equal Employment Opportunity is the Law" poster in a prominent and accessible place in its Shreveport, Louisiana office location.
8. Asplundh has implemented and agrees to maintain anti-discrimination policies, including its policies prohibiting work-place harassment and providing for employee complaints and reports about suspected work-place harassment. Asplundh has posted and will continue to post its work-place harassment and complaint-reporting policies in a prominent and accessible place in its Shreveport, Louisiana office location. Further, Asplundh agrees to continue providing copies of the Employee Handbook containing the company's Equal Employment Opportunity policy to newly hired employees and to continue to maintain a copy of this handbook in its company trucks.
3

Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 4 of 6
9. Asplundh agrees to provide to the Commission through its Regional Attorney, a total of four (4) semi-annual written reports during the two-year period in which this Consent Decree is in effect. Each report shall certify that Asplundh has conducted its EED training and shall contain all instances, if any, in which an employee in the Shreveport, Louisiana area complained about same-sex sexual harassment or same-sex sexually hostile work environment during the two-year period in which the Consent Decree is in effect. The report shall provide a detailed explanation of the actions Asplundh took to investigate the complaint and resolve the complaint.
10. This Consent Decree shall remain in force for two years after the date of entry of this Decree.
11. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree.
12. The Commission and Asplundh will each bear its own attorneys' fees and costs incurred in connection with the litigation of this lawsuit.
13. This Court shall retain jurisdiction over this action for the purpose of enforcing this Decree, if necessary; and either party is empowered to enforce this Decree through the applicable judicial enforcement procedures.
14. This Decree sets forth the entire agreement between the Commission and Asplundh, and it fully supersedes any and all prior agreements or understandings between the Commission and Asplundh pertaining to the subject matter herein. There are no other
4

Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 5 of 6

provisions, agreements or understandings that are contained herein; and this Decree cannot be

altered by oral agreement between the parties, but only by written Court-ordered modification.

IT IS SO ORDERED.

Ztlt ~ Shreveport, Louisiana, this

day of

,2003.

SUBMITTED AND APPROVED BY:
ERIC S. DREIBAND General Counsel No Bar Roll Number
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
~o~
KEITH .HILL Regional Attorney Bar Roll Number 15200000
~JIA~
MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll Number 1286
,/fl " E~U~ N. ELEANOR GRAHAM Senior Trial Attorney Bar Roll Number 16946
5

Case 5:02-cv-00887-SMH-RSP Document 24 Filed 10/08/2003 Page 6 of 6
EQUALEMWLOYMENTOPPORTUNITY COMMISSION
New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Telephone: (504) 589-6922
(504) 589-6817 Facsimile: (504) 589-2805
-and-
~ cv..- I-- fill, v-.---'
TAMMY L. DOBBS, Trial Attorney (TA) SHANNON L. MILLER CONSTANGY, BROOKS & SMITH, LLC 1901 Sixth Avenue North, Suite 1410 Birmingham, AL 35203-4605 Telephone: (205) 252-9321 Facsimile: (205) 323-7674
ROBERT H. SHEMWELL, JR. Bar Roll Number 22616 WEEMS, SCHIMPF, GILSOUL,
HAINES & CARMOUCHE 912 Kings Highway Shreveport, LA 71104 Telephone: (318) 222-2100 Facsimile: (318) 226-5100
ATTORNEYS FOR DEFENDANT ASPLUNDH TREE EXPERT CO.
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U.S. District Court Western District of Louisiana (Shreveport) CIVIL DOCKET FOR CASE #: 5:02-cv-00887-SMH-RSP

CLOSED

E E O C v. Asplundh Tree Expert Assigned to: Honorable S Maurice Hicks Referred to: Magistrate Judge Roy S Payne Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Asplundh Tree Expert Co

Date Filed: 05/03/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Nancy Eleanor Graham E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 Fax: 504-589-2805 Email: nancy.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381
Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817
represented by Robert H Shemwell, Jr Weems Schimpf et al 912 Kings Hwy Shreveport, LA 71104 318-222-2100 Fax: 318-226-5100 Email: shemwell@weems-law.com LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Brian D Landry Weems Schimpf et al 912 Kings Hwy Shreveport, LA 71104 318-222-2100 Fax: 318-226-5152 Email: landry@weems-law.com ATTORNEY TO BE NOTICED
Shannon L Miller Constangy Brooks & Smith 1901 6th Ave N Ste 1410 Birmingham, AL 35203 205-252-9321
Tammy L Dobbs Constangy Brooks & Smith 1901 6th Ave N Ste 1410 Birmingham, AL 35203 205-252-9321 Fax: 205-323-7674 Email: tdobbs@constangy.com ATTORNEY TO BE NOTICED

V. Movant Ronnie Collins, Jr TERMINATED: 08/21/2002
Movant Robert Rushing TERMINATED: 08/21/2002
Movant Bill Lopez TERMINATED: 08/21/2002

represented by William T Allison Allison Law Firm P O Box 1523 Shreveport, LA 71165 318-221-0300 Fax: 318-213-1799 TERMINATED: 08/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) TERMINATED: 08/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address)

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Movant James Baldwin TERMINATED: 08/21/2002
Intervenor Plaintiff Ronnie Collins, Jr
Intervenor Plaintiff James Baldwin
Intervenor Plaintiff Bill Lopez
Intervenor Plaintiff Robert Rushing
V. Intervenor Defendant Asplundh Tree Expert Co

TERMINATED: 08/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) TERMINATED: 08/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William T Allison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert H Shemwell, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shannon L Miller (See above for address)
Tammy L Dobbs (See above for address) ATTORNEY TO BE NOTICED

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Date Filed 05/03/2002 05/03/2002 05/03/2002 06/10/2002 06/17/2002
06/19/2002
07/01/2002
07/02/2002
07/03/2002
07/08/2002 07/09/2002 07/12/2002

#

Docket Text

FILING FEE not paid; Amount of fee $0/USA Plaintiff. (Dunford, T) (Entered: 05/07/2002)
CASE ASSIGNED to current magistrate Judge for Discovery (Dean, S) (Entered: 05/08/2002)
1 COMPLAINT filed; jury demand (Dean, S) (Entered: 05/08/2002)
2 WAIVER of service returned executed as to Asplundh Tree Expert; Request for waiver mailed on 5/9/02; Answer due on 7/8/02 for Asplundh Tree Expert (Whidden, C) (Entered: 06/11/2002)
3 MOTION by Asplundh Tree Expert for Tammy L Dobbs to appear pro hac vice as co-counsel of record for Asplundh Tree Expert with Proposed Order referred to Magistrate Judge Roy S Payne. FEE PAID. (former employee) (Entered: 06/17/2002)
4 ORDER granting [3-1] motion for Tammy L Dobbs to appear pro hac vice as co-counsel of record for Asplundh Tree Expert; added Tammy L Dobbs as pro hac vice attorney (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 06/19/2002)
5 MEMORANDUM ORDER: All requirements of FRCP 26(f) are waived, including the conference of the parties and the report to the Court. Parties are directed to serve their initial disclosures within 30 days and promptly begin any necessary discovery and motion practice. A scheduling order will be issued in due course. (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 07/02/2002)
8 MOTION w/ brief and partial consent by Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin for leave to intervene with Proposed Order and Complaint in Intervention referred to Magistrate Judge Roy S Payne (held due to deficiency) (former employee) (Entered: 07/10/2002)
6 DEFICIENCY NOTICE to counsel for Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin re: Motion w/ brief for Leave to Intervene, Proposed Order and Complaint of Intervention submitted on 07/02/02 Reason: no consent statement. NOE by dmn (former employee) (Entered: 07/03/2002)
7 ANSWER to Complaint by Asplundh Tree Expert (former employee) (Entered: 07/09/2002)
9 CERTIFICATE by Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin regarding [8-1] motion for leave to intervene indicating partial consent (former employee) (Entered: 07/10/2002)
10 NOTICE OF SETTING: Motion day set on 8/19/02 for [8-1] motion for leave to intervene before Magistrate Judge Roy S Payne. NOE by: dmn (former employee) (Entered: 07/12/2002)

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08/16/2002
08/20/2002
08/21/2002 08/21/2002 08/26/2002 11/18/2002 11/21/2002 12/06/2002 12/13/2002 01/07/2003 08/25/2003 08/25/2003 09/08/2003
10/06/2003

11 MOTION by Asplundh Tree Expert for Shannon L Miller to appear pro hac vice as co-counsel of record for Asplundh Tree Expert with Proposed Order referred to Magistrate Judge Roy S Payne. FEE PAID. (former employee) (Entered: 08/19/2002)
12 ORDER granting [11-1] motion for Shannon L Miller to appear pro hac vice as co-counsel of record for Asplundh Tree Expert; added Shannon L Miller as pro hac vice attorney (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 08/20/2002)
13 MEMORANDUM ORDER granting [8-1] motion for leave to intervene (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 08/21/2002)
14 INTERVENOR'S COMPLAINT by Ronnie Collins Jr, James Baldwin, Bill Lopez, Robert Rushing against Asplundh Tree Expert (former employee) (Entered: 08/21/2002)
15 ANSWER by Asplundh Tree Expert to [14-1] intervenor complaint (former employee) (Entered: 08/27/2002)
16 MOTION w/ brief and certificate by E E O C to compel with Proposed Order referred to Magistrate Judge Roy S Payne WITH EXHIBITS (former employee) (Entered: 11/19/2002)
17 NOTICE OF SETTING: Motion day set on 12/23/02 for [16-1] motion to compel before Magistrate Judge Roy S Payne. NOE by: dmn (former employee) (Entered: 11/21/2002)
18 RESPONSE by Asplundh Tree Expert to [16-1] motion to compel WITH EXHIBITS (former employee) (Entered: 12/09/2002)
19 REPLY by E E O C to response to [16-1] motion to compel WITH EXHIBITS (McDonnell, D) (Entered: 12/17/2002)
20 MINUTE ENTRY ORDER granting in part, denying in part [16-1] motion to compel. (signed by Magistrate Judge Roy S Payne) NOE by: sjd (Dean, S) (Entered: 01/07/2003)
21 MINUTE ENTRY: reassigning the captioned matter to Judge S Maurice Hicks Jr for further proceedings (by Judge S M Hicks Jr) NOE by: dm (McDonnell, D) (Entered: 08/25/2003)
CASE reassigned to Judge S M Hicks Jr per minute entry doc #21. (McDonnell, D) (Entered: 08/25/2003)
22 ORDER; set scheduling conference for 3:00 10/28/03 before Magistrate Judge Roy S Payne ; set scheduling order deadlines; Rule 26 Conference set for 10/7/03; Rule 26 Report due on 10/21/03 . (signed by Magistrate Judge Roy S Payne) NOE by: sjd (Dean, S) (Entered: 09/09/2003)
23 MOTION by E E O C, Asplundh Tree Expert to approve and enter Consent Decree and to Dismiss E E O C's Action with Proposed Order referred to Judge S Maurice Hicks Jr (Dean, S) (Entered: 10/06/2003)

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10/08/2003
10/08/2003 10/29/2003
12/03/2003

24 CONSENT JUDGMENT for E E O C against Asplundh Tree Expert granting [23-1] motion to approve and enter Consent Decree and to Dismiss E E O C's Action. (signed by Judge S Maurice Hicks Jr) (Dean, S) (Entered: 10/08/2003)
Case closed (Dean, S) (Entered: 10/08/2003)
25 90 DAY ORDER of dismissal. Clerk is now requested to close this case. Any motion that may be pending in this case is hereby DENIED AS MOOT (signed by Magistrate Judge Roy S Payne). NOE by: db (Berry, D) (Entered: 10/29/2003)
26 STIPULATION of dismissal (Dean, S) (Entered: 12/03/2003)

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