Case 2:06-cv-02478-JPM-tmp Document 1-1 Filed 07/25/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. STEIN WORLD, L.L.C.,
Defendant.

)

)

)

CIVIL ACTION NO.

)

)

) COMPLAINT

) JURY TRIAL DEMANDED

)

)

)

NATURE OF THE ACTION Plaintiff Equal Employment Opportunity Commission (the “Commission”), brings this action pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e et seq., to compel Defendant, Stein World, LLC (“Stein World”), to comply with a Mediation Settlement Agreement, achieved through the Commission’s Alternative Dispute Resolution, (ADR), and to provide appropriate relief to Ricky Bee, the Charging Party. The Commission alleges that the parties entered into a Mediation Settlement Agreement on July 6, 2005, in settlement of a charge of discrimination, EEOC Charge No. 250-2005-02404, filed by Ricky Bee against Stein World. The Commission further alleges that Stein World breached the Agreement after it failed to abide by the terms of the agreement.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. SsSs451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII and Section 102 of the Civil Rights Act of 1991, 42 U.S.C.

Case 2:06-cv-02478-JPM-tmp Document 1-1 Filed 07/25/2006 Page 2 of 5
1981A. 2. The unlawful employment practices alleged below were and are now
being committed within the jurisdiction of the United States District Court for the Western District of Tennessee.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“the Commission”), is an 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 Ss706(f)(1) and (3) of Title VII, 42 U.S.C. Ss2000e-5(f). 4. At all relevant times, Defendant Stein World, L.L.C., (“Employer”), has continuously been a foreign corporation doing business as Stein World, L.L.C. in the State of Tennessee and the City of Memphis, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Ss 701(b), (g), and (h) of Title VII, 42 U.S.C. Ss2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Ricky Bee (hereinafter “Bee”) filed a charge with the Commission alleging that Defendant Employer engaged in employment practices which violate Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Mr. Bee, a forklift operator, filed a charge of discrimination alleging he had been subjected to harassment and unsafe working conditions and discharged because
2

Case 2:06-cv-02478-JPM-tmp Document 1-1 Filed 07/25/2006 Page 3 of 5
of his race, Black, in violation of Title VII of the Civil Rights Act of 1964, as amended. 8. Mr. Bee was hired by Stein World in January, 2005, as a forklift operator.
He had previously worked at Stein World’s main warehouse through a temporary agency from March 2004 until January, 2005.
9. Upon his hire, Mr. Bee was transferred from the main warehouse to another warehouse location; upon his transfer, Mr. Bee discovered that he was the only Black permanent employee at the new warehouse.
10. Mr. Bee reported in April 2005 that a temporary employee had cursed him and that he was working in unsafe conditions. On May 5, 2005, Stein World terminated Mr. Bee’s employment.
11. On May 17, 2005, Mr. Bee filed a charge with the Commission alleging that Stein World terminated his employment because of his race, Black.
12. After filing his charge with the Commission, Mr. Bee was hospitalized with pneumonia.
13. Mr. Bee and Stein World voluntarily accepted the Commission’s offer to mediate this matter pursuant to the Commission’s Alternative Dispute Resolution program.
14. A mediation was held on July 6, 2005 in the Memphis District Office, approximately three weeks after Mr. Bee had been discharged from the hospital.
15. As a result of the mediation, Ricky Bee and Stein World entered into a Mediation Settlement Agreement on July 6, 2005.
16. A copy of the Mediation Settlement Agreement is attached to this complaint as Exhibit A.
3

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17. The pertinent part of the agreement now in dispute is Paragraph 7.B. which states:
Respondent further agrees to pay CP’s medical expenses that occurred for any hospitalization during the 30 day period after he left the company.
18. When Mr. Bee received the bill for his hospitalization, he presented it to Stein World for payment.
19. Stein World refused to pay any of Mr. Bee’s hospital expenses, and instead, offered to pay Mr. Bee a total of $5,000.00 as full settlement of its obligations under the mediation agreement.
20. Paragraph 5 of The Mediation Settlement Agreement states in pertinent part: “This document constitutes a final and complete statement of the agreement between (the parties) or (between the CP, Respondent and EEOC).”
21. The Mediation Settlement Agreement does not limit Stein World’s obligation to pay Mr. Bee’s medical expenses for any hospitalization during the 30-day period after Mr. Bee left the company to $5.000.00.
21. Stein World’s failure to abide by the terms of the Agreement constitutes a breach of the Mediation Agreement.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a judgment ordering Defendant to comply with the Mediation Settlement Agreement negotiated in mediation by paying those of Mr. Bee’s hospital expenses incurred during the 30-day period following the termination of his employment with Stein World.
4

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B. Grant such further relief as the Court deems necessary and proper in the public interest.
C. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel s/ Faye A. Williams (with permission DBT) FAYE A. WILLIAMS Regional Attorney TN Bar No. 11730 s/ Darin B. Tuggle DARIN B. TUGGLE Trial Attorney NJ Bar No. 048621998
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0137
5

 
 Case 2:06-cv-02478-JPM-tmp Document 41 Filed 03/15/2007 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. STEIN WORLD, L.L.C.,
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

)

2:06-cv-02478-JMP-tmp

)

) AMENDED C O M P L A I N T

) JURY TRIAL DEMANDED

)

)

)

NATURE OF THE ACTION

Plaintiff Equal Employment Opportunity Commission (the “Commission”), brings this action pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e et seq., to compel Defendant, Stein World, LLC (“Stein World”), to comply with a Mediation Settlement Agreement, achieved through the Commission’s Alternative Dispute Resolution, (ADR), and to provide appropriate relief to Ricky Bee, the Charging Party. The Commission alleges that the parties entered into a Mediation Settlement Agreement on July 6, 2005, in settlement of a charge of discrimination, EEOC Charge No. 250-2005-02404, filed by Ricky Bee against Stein World. The Commission further alleges that Stein World breached the Agreement after it failed to abide by the terms of the agreement and retaliated against Mr. Bee for opposing employment practices made illegal by Title VII when it filed a Third Party Complaint against him because he opposed alleged unlawful discrimination by filing a charge and participating in a Commission sponsored mediation.

Case 2:06-cv-02478-JPM-tmp Document 41 Filed 03/15/2007 Page 2 of 7
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. SsSs451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981A. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of Tennessee.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“the Commission”), is an 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 Ss706(f)(1) and (3) of Title VII, 42 U.S.C. Ss2000e-5(f). 4. At all relevant times, Defendant Stein World, L.L.C., (“Employer”), has continuously been a foreign corporation doing business as Stein World, L.L.C. in the State of Tennessee and the City of Memphis, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Ss 701(b), (g), and (h) of Title VII, 42 U.S.C. Ss2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Ricky Bee (hereinafter “Bee”) filed a charge with the Commission alleging that Defendant
2

Case 2:06-cv-02478-JPM-tmp Document 41 Filed 03/15/2007 Page 3 of 7
Employer engaged in employment practices which violate Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
Count I 7. Mr. Bee, a forklift operator, filed a charge of discrimination alleging he had been subjected to harassment and unsafe working conditions and discharged because of his race, Black, in violation of Title VII of the Civil Rights Act of 1964, as amended. 8. Mr. Bee was hired by Stein World in January, 2005, as a forklift operator. He had previously worked at Stein World’s main warehouse through a temporary agency from March 2004 until January, 2005. 9. Upon his hire, Mr. Bee was transferred from the main warehouse to another warehouse location; upon his transfer, Mr. Bee discovered that he was the only Black permanent employee at the new warehouse. 10. Mr. Bee reported in April 2005 that a temporary employee had cursed him and that he was working in unsafe conditions. On May 5, 2005, Stein World terminated Mr. Bee’s employment. 11. On May 17, 2005, Mr. Bee filed a charge with the Commission alleging that Stein World terminated his employment because of his race, Black. 12. After filing his charge with the Commission, Mr. Bee was hospitalized with pneumonia. 13. Mr. Bee and Stein World voluntarily accepted the Commission’s offer to mediate this matter pursuant to the Commission’s Alternative Dispute Resolution program. 14. A mediation was held on July 6, 2005 in the Memphis District Office,
3

Case 2:06-cv-02478-JPM-tmp Document 41 Filed 03/15/2007 Page 4 of 7
approximately three weeks after Mr. Bee had been discharged from the hospital. 15. As a result of the mediation, Ricky Bee and Stein World entered into a
Mediation Settlement Agreement on July 6, 2005. 16. A copy of the Mediation Settlement Agreement is attached to this
complaint as Exhibit A. 17. The pertinent part of the agreement now in dispute is Paragraph 7.B.
which states: Respondent further agrees to pay CP’s medical expenses that occurred for any hospitalization during the 30 day period after he left the company.
18. When Mr. Bee received the bill for his hospitalization, he presented it to Stein World for payment.
19. Stein World refused to pay any of Mr. Bee’s hospital expenses, and instead, offered to pay Mr. Bee a total of $5,000.00 as full settlement of its obligations under the mediation agreement.
20. Paragraph 5 of The Mediation Settlement Agreement states in pertinent part: “This document constitutes a final and complete statement of the agreement between (the parties) or (between the CP, Respondent and EEOC).”
21. The Mediation Settlement Agreement does not limit Stein World’s obligation to pay Mr. Bee’s medical expenses for any hospitalization during the 30-day period after Mr. Bee left the company to $5.000.00.
22. Stein World’s failure to abide by the terms of the Agreement constitutes a breach of the Mediation Agreement.
4

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Count II 23. On or around August 16, 2006, and continuing thereafter, Defendant engaged in unlawful employment practices in violation of §704(a) of Title VII, as amended, 42 U.S.C. §§ 2000e-3(a). Specifically, Defendant retaliated against Mr. Bee because he opposed unlawful discrimination. 24 On or about August 16, 2006, Defendant filed a Third Party Complaint against Mr. Bee alleging that he committed fraud during the mediation conference by misrepresenting that: (1) he was hospitalized with pneumonia when, in fact, he had a lung transplant at the Regional Medical Center and (2) he represented that his hospital bill was only a few thousand dollars. 25. The allegations in the Third Party Complaint are without a legal or factual basis. 26. The unlawful employment practice complained of in paragraphs 22 and 23 was and is intentional. 27. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Mr. Bee.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a judgment ordering Defendant to comply with the Mediation Settlement Agreement negotiated in mediation by paying those of Mr. Bee’s hospital expenses incurred during the 30-day period following the termination of his employment with Stein World. B. Grant a permanent injunction enjoining Defendant Employer and its
5

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officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices that retaliate against persons who oppose employment practices made illegal by Title VII.
C. Order Defendant Employer to make whole Ricky Bee by providing by compensation for pecuniary losses including, but not limited to, costs incurred as a result of defending the Third Party Complaint, in amounts to be determined at trial.
D. Order Defendant Employer to make whole Ricky Bee by providing compensation for nonpecuniary losses including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial.
E. Order Defendant Employer to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper. G. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
6

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Respectfully Submitted,
RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel s/ Faye A. Williams (with permission DBT) FAYE A. WILLIAMS Regional Attorney Tennessee Bar No. 011730
s/ Deidre Smith (with permission DBT) DEIDRE SMITH Senior Trial Attorney Tennessee Bar No. 018499
s/ Darin B. Tuggle DARIN B. TUGGLE Trial Attorney New Jersey Bar No. 048621998 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, TN 38104 Telephone: (901) 544-0137 Darin.Tuggle@eeoc.gov
7

 
 Case 2:06-cv-02478-JPM-tmp Document 17 Filed 10/11/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff/Counter Defendant ,

)

Case No. 2:06 cv 2478

v.

)

)

Stein World, LLC

)

)

Defendants/CounterClaimant

)

v.

)

)

Ricky Bee

)

)

Third Party Defendant.

)

____________________________________________________________________________

ORDER GRANTING REQUEST FOR ENTRY OF DEFAULT ______________________________________________________________________________

Upon the Motion for Entry of Default, entered on October 11, 2006, entry of DEFAULT

IS HEREBY GRANTED against the defendant, Ricky Bee pursuant to FRCP 55(a).

On October 11, 2006, Defendant, Stein World, LLC filed the summons for Ricky Bee returned

executed September 17, 2006. Third Party Defendant had twenty days within which to answer or otherwise

plead. Third Party Defendant, Ricky Bee, has failed to plead or otherwise defend as provided by the Federal

Rules of Civil Procedure.

In compliance with Rule 55(a), FRCP., plaintiff’s motion for entry of default against the

above-named Third Party Defendant is GRANTED. In accordance to Rule 55(c) for good cause shown, the

court may set aside an entry of default. Entered this 11th day of October, 2006.

THOMAS M. GOULD Clerk of Court

By:

s/Judy Easley

Deputy Clerk

 
 Case 2:06-cv-02478-JPM-tmp Document 39 Filed 03/07/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION ________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff/

)

Counter-Defendant,

)

)

v.

) No. 06-2478 Ml/P

)

STEIN WORLD, LLC,

)

)

Defendant/

)

Counter-Plaintiff/

)

Third-Party Plaintiff,

)

)

v.

)

)

RICKY BEE,

)

)

Third-Party Defendant.

)

________________________________________________________________

ORDER GRANTING THIRD PARTY DEFENDANT’S MOTION TO SET ASIDE ENTRY OF DEFAULT
________________________________________________________________

Before the Court is Third Party Defendant Ricky Bee’s

Motion for Relief from/to Set Aside Entry of Default, filed on

February 27, 2007. Third Party Defendant seeks relief from the

Order Granting Request for Entry of Default entered by the Clerk

of Court on October 11, 2006. Third Party Plaintiff Stein

World, LLC responded to the motion on March 7, 2007, indicating

that it has no opposition to the Court granting the motion.

Accordingly, and for good cause shown, the Court GRANTS the

Case 2:06-cv-02478-JPM-tmp Document 39 Filed 03/07/2007 Page 2 of 2 motion, in accordance with Rule 55(c) of the Federal Rules of Civil Procedure.
So ORDERED this 7th day of March, 2007. /s/ Jon P. McCalla
JON P. McCALLA UNITED STATES DISTRICT JUDGE
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 Case 2:06-cv-02478-JPM-tmp Document 44 Filed 03/27/2007 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION ________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff/

)

Counter-Defendant,

)

)

v.

) No. 06-2478 Ml/P

)

STEIN WORLD, LLC,

)

)

Defendant/

)

Counter-Plaintiff/

)

Third-Party Plaintiff,

)

)

v.

)

)

RICKY BEE,

)

)

Third-Party Defendant.

)

________________________________________________________________

ORDER DENYING PLAINTIFF EQUAL OPPORTUNITY COMMISSION’S MOTION TO DISMISS DEFENDANT’S COUNTER CLAIM AND
ORDER DENYING MOTION TO DISMISS THIRD PARTY COMPLAINT ________________________________________________________________

Before the Court are Plaintiff-Counter-Defendant Equal

Employment Opportunity Commission’s (“EEOC” or “Counter-

Defendant”) Motion to Dismiss Defendant’s Counter Claim and

Third-Party Defendant Ricky Bee’s (“Bee” or “Third-Party

Defendant”) Motion to Dismiss Third Party Complaint, both filed

October 10, 2006. Bee’s motion incorporates the arguments set

forth in the EEOC’s motion. Defendant-Counter-Plaintiff-Third-

Party Plaintiff Stein World, LLC (“Stein World”) responded in

opposition to the EEOC’s motion on October 20, 2006. The EEOC

Case 2:06-cv-02478-JPM-tmp Document 44 Filed 03/27/2007 Page 2 of 10
filed a reply on November 14, 2006. Stein World filed an Amended Response on December 13, 2006. For the following reasons, the Court DENIES Counter-Defendant’s Motion to Dismiss Counter-Plaintiff’s Counter Claim and Third-Party Defendant’s Motion to Dismiss Third Party Complaint. I. Background
This case arises out of a Mediation Settlement Agreement entered into by Stein World and Bee on July 6, 2005, in settlement of a discrimination charge filed by Bee against Stein World, (Compl. ¶¶ 11, 15), and which requires that Stein World pay certain of Bee’s medical and hospital expenses incurred after Bee filed his discrimination charge. (Id. ¶¶ 12, 17.)1 Upon being presented with the bill in the amount of $48,426 for Bee’s hospitalization for pneumonia, Stein World refused to pay the full amount, offering instead to pay $5,000. (Id. ¶¶ 1819.)2 The EEOC subsequently initiated the instant action on July 25, 2006, seeking the full amount of Bee’s medical expenses.
1 The Court refers to the original Complaint, not the Amended Complaint, filed on March 15, 2007, as the Court has not yet adopted the Report and Recommendation, entered on March 13, 2007, recommending that Plaintiff be permitted to amend its Complaint. In any event, the paragraphs in the original Complaint cited in this Order correspond to the same-numbered paragraphs in the Amended Complaint.
2 The Parties agree that the amount sought is $48,426. (See Def./Counter-Pl.’s Am. Resp. to Pl. EEOC’s Mot. to Dismiss Def.’s Counter Claim, Dec. 13, 2006, Doc. 32, at 2; Pl. EEOC’s Reply to Def.’s Resp. to Pl.’s Mot. to Dismiss, Nov. 14, 2006, Doc. 25-1, at 3.)
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In Stein World’s Answer and Third-Party Complaint, which also includes Stein World’s Counter Claim, Stein World alleges that, during the negotiations that concluded with the Settlement Agreement at issue, Bee represented that his hospital and medical bills were a few thousand dollars, (Answer and ThirdParty Compl. (“Counter Claim”), Aug. 16, 2006, Doc. 2, ¶ 27), and that Bee nonetheless knew that the bills exceeded a few thousand dollars. (Id. ¶ 30.) Stein World further alleges that it agreed to pay Bee’s medical costs not to exceed $5,000, (Counter Claim, Doc. 2, ¶¶ 28, 33), that Bee had agreed to this $5,000 cap, (id. ¶¶ 28, 34, 39) and that this agreement was made known to the Mediation Officer. (Id. ¶ 34; see also id. ¶ 37.) However, this limitation on the amount of costs that Stein World would pay is not included in the written settlement agreement. (Id. ¶ 35.) Stein World alleges that “[t]he EEOC Mediation Officer made the mistake in failing to reflect the $5,000 cap in the agreement.” (Id.) II. Standard of Review
A. Rule 12(b)(6) Under Federal Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss the plaintiff’s complaint “for failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). When considering a Rule 12(b)(6) motion to dismiss, a court must treat all of the well-pleaded allegations
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of the complaint as true, Saylor v. Parker Seal Co., 975 F.2d 252, 254 (6th Cir. 1992), and must construe all of the allegations in the light most favorable to the plaintiff, Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). “A court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Hishon v. King & Spalding, 467 U.S. 69, 73 (1984). “Although this is a liberal pleading standard, it requires more than the bare assertion of legal conclusions. Rather, the complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory.” Se. Tex. Inns, Inc. v. Prime Hospitality Corp., 462 F.3d 666, 671-72 (6th Cir. 2006) (citing NHL Players Ass’n v. Plymouth Whalers Hockey Club, 419 F.3d 462, 468 (6th Cir. 2005) (citation omitted)).
B. The Court Does Not Evaluate Evidence at this Stage Despite bringing the motions pursuant to Rule 12(b)(6), the EEOC and Bee make several arguments that relate to the evidence to support the allegations. First, they argue, albeit correctly, that in cases involving reformation of a contract due to mistake, the complaining party must prove the mistake through clear, cogent, and convincing evidence. (Pl. E.E.O.C.’s Mem. in Supp. of Mot. to Dismiss Def.’s Counter Claim (“Mem.”), Oct. 10, 2006, Doc. 13-2, at 9 (arguing that Stein World’s claim must
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therefore fail).) However, this elevated standard of proof does not mean a court should examine the evidence at this early stage of the litigation. See, e.g., Zion Hill Baptist Church v. Taylor, 2004 WL 239760, at *3 (Tenn. Ct. App. Feb. 9, 2004) (referring to the record evidence); Worley v. White Tire of Tenn., Inc., 182 S.W. 3d 306, 308 (Tenn. Ct. App. 2005) (noting that only “[f]ollowing a lengthy trial” did the trial court find “by clear, cogent, and convincing evidence that there was a mutual mistake of fact”); Estate of Acuff v. O’Linger, 56 S.W. 3d 527 (Tenn. Ct. App. 2001) (reviewing trial court’s findings of fact); Pierce v. Flynn, 656 S.W. 2d 42 (Tenn. App. 1983) (reviewing trial court’s findings of fact). The Parties have not had the opportunity to produce and proffer evidence, and the Court declines to evaluate any evidence at this stage.
The EEOC and Bee’s contentions regarding the parol evidence rule are likewise irrelevant at this stage. In Tennessee, “parol evidence is normally not allowed to contradict the terms of a written document . . ., except where there is fraud or mistake. In these situations, parol evidence is admissible,” so long as such evidence is “clear and convincing.” Worley, 182 S.W. 3d 310 (citing Clayton v. Haury, 452 S.W.2d 865, at 867-68 (1970)); see also Lowry v. Lowry, 541 S.W. 2d 128, 133 (Tenn. 1976) (holding that the parol evidence rule applies “in the absence of fraud, misrepresentation, duress, undue influence,
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mutual mistake, and incapacity”) (superseded on other grounds). However, as this rule addresses admissibility of evidence, it is a matter more properly determined at the summary judgment stage, not upon a 12(b)(6) motion. See, e.g., Ward v. Glover, 206 S.W. 3d 17 (Tenn. Ct. App. 2006); First Tenn. Bank Nat’l Ass’n v. Bad Toys, Inc., 159 S.W. 3d 557 (Tenn. Ct. App. 2004).
Finally, it is immaterial at this stage of the litigation, that is, upon a Rule 12(b)(6) motion, whether Stein World can “prove that Mr. Bee knew that his medical expenses were more than a few thousand dollars at the time of the mediation” or “that Mr. Bee misrepresented what his medical expenses would be.” (Mem., Doc. 13-2, at 7-8 (referring to various pieces of purported evidence).) The motions seek dismissal under 12(b)(6), not summary judgment, and the Court considers only whether Stein World has adequately stated a claim as set forth in the allegations in the Counter Claim and Third-Party Complaint, not whether sufficient evidence exists for Stein World to proceed on those claims. III. Analysis
Stein World alleges that Bee fraudulently misrepresented that the total expenses to be covered by Stein World amounted to a few thousand dollars; this induced Stein World to enter into the Mediation Settlement Agreement and or to omit the agreedupon cap of $5,000 from the Agreement, as Stein World believed
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that expenses would not exceed that cap. (Counter Claim, Doc. 2, ¶¶ 31-32, 37, 39, 41.) Stein World thus seeks rescission of the agreement or reformation of the agreement to reflect the allegedly agreed-upon cap. (Id. at 6-7.)
“Reformation is an equitable doctrine by which courts may correct a mistake in a writing so that it fully and accurately reflects the agreement of the parties.” Lane v. Spriggs, 71 S.W. 3d 286, 289 (Tenn. Ct. App. 2001) (internal quotations omitted). However, “it is well-settled that a unilateral mistake alone by one party is insufficient for invalidating an agreement; it must be coupled with or induced by the fraud or inequitable conduct of the other party.” Zion Hill Baptist Church v. Taylor, 2004 WL 239760, at *3 (Tenn. Ct. App. Feb. 9, 2004); see also Lane, 71 S.W. 3d at 289 (“In order to reform a writing on the basis of mistake, there must have been either a mutual mistake or a unilateral mistake induced by fraud.”) (citing Williams v. Botts, 3 S.W. 3d 508, 509 (Tenn. Ct. App. 1999)).
Thus, the elements of fraud are applicable to both the Counter Claim for unilateral mistake and the Third-Party Complaint for fraudulent misrepresentation. Indeed, the EEOC’s argument as to fraudulent inducement simply incorporates its arguments as to fraudulent misrepresentation. (Mem., Doc. 13-2, at 9-10.) Because the Court need only address the fraud issue
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Case 2:06-cv-02478-JPM-tmp Document 44 Filed 03/27/2007 Page 8 of 10
and because Bee simply adopts the EEOC’s argument, the Court addresses both motions together.3
The Parties discuss at length whether Stein World has
properly alleged fraud. The EEOC and Bee contend that Stein
World must allege five separate elements, including that Bee had
a fiduciary duty to disclose a material fact to Stein World and
failed to so disclose. (Mem., Doc. 13-2, at 5-6, 8-9 (citing
Shah v. Racetrac Petroleum Co., 338 F.3d 557, 571 (6th Cir.
2003)).) However, Stein World, in its response, contends that
no such duty to disclose existed, arguing not that Bee failed to
disclose information but rather that Bee made an affirmative
misrepresentation through his statements. (Def./Counter-Pl.’s
Resp. to Pl. E.E.O.C.’s Mot. to Dismiss Def.’s Counter Claim
(“Resp.”), Oct. 20, 2006, Doc. 21-1, at 4 (“[I]n this matter Bee
induced Stein World to enter into the Mediation Settlement
Agreement based upon his affirmative statement that the charges
were not that great . . . .” (emphasis added)).) This is
3 Stein World’s allegation is that Bee, not the EEOC, fraudulently induced Stein World to agree to the terms of the settlement agreement as written and fraudulently misrepresented the amount of medical expenses he incurred. It is not clear, therefore, that a claim of unilateral mistake may be brought against the EEOC. The Court need not address this issue, however.
Additionally, the EEOC does not address whether the alleged mistake can, as a matter of law, constitute a mistake at all. Instead, the EEOC’s argument focuses only on the elements of fraud, relevant to both the fraudulent misrepresentation and fraudulent inducement/unilateral mistake claims.
Finally, an Order Granting Request for Entry of Default against Bee was entered on October 11, 2006, rendering moot Bee’s Motion to Dismiss. The Court set aside the entry of default on March 7, 2007, and Bee’s motion is therefore no longer moot.
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Case 2:06-cv-02478-JPM-tmp Document 44 Filed 03/27/2007 Page 9 of 10
consistent with the language in the Counter Claim and ThirdParty Complaint: “At the mediation, Bee . . . represented that his hospital and medical bills were but a few thousands of dollars,” (Counter Claim, Doc. 2, ¶ 27; see also id. ¶ 39), and Bee accepted the $5,000 cap. (Id. ¶ 34.) Thus, Stein World alleges that Bee affirmatively misrepresented (1) that the expenses were low and (2) that he would accept a $5,000 cap on coverage by Stein World.
The appropriate standard is therefore the one set out in Stein World’s response to the motion. (Resp., Doc. 21-1, at 56.) Specifically, as this Court noted in Honeycutt v. First Federal Bank, under Tennessee law, “[a]n action for intentional or reckless misrepresentation contains four elements: (1) an intentional misrepresentation of material fact, (2) knowledge of the representation’s falsity, (3) an injury caused by reasonable reliance on the representation, and (4) the misrepresentation involves a past or existing fact.” 278 F. Supp. 2d 893, 897 (W.D. Tenn. 2003) (emphasis added) (citing Spectra Plastics, Inc. v. Nashoba Bank, 15 S.W. 3d 832, 840-41 (Tenn. Ct. App. 1999)). Where the allegation is one of affirmative misrepresentation, rather than non-disclosure or concealment, Stein World need not allege the violation of a fiduciary duty to disclose. Finally, the EEOC and Bee do not contend that Stein World has failed to allege any of these elements, but rather
-9-

Case 2:06-cv-02478-JPM-tmp Document 44 Filed 03/27/2007 Page 10 of 10
that Stein World failed to allege a failure to disclose a material fact in violation of a fiduciary duty. The Court need not determine, therefore, whether Stein World properly alleged each of the four elements.4
The motion is therefore DENIED, as the EEOC and Bee challenge the Counter Claim and Third-Party Complaint only on the grounds that Stein World has failed to allege a duty to disclose. A duty of disclosure is not a required element in this case, since Stein World alleges an affirmative misrepresentation, not a failure to disclose a material fact. IV. Conclusion
For the reasons discussed above, the Court DENIES CounterDefendant’s Motion to Dismiss Counter-Plaintiff’s Counter Claim and Third-Party Defendant’s Motion to Dismiss Third Party Complaint.
So ORDERED this 27th day of March, 2007.
/s/ Jon P. McCalla JON P. McCALLA UNITED STATES DISTRICT JUDGE
4 Neither must the Court decide whether Defendant has adequately stated a claim of mutual mistake, as the motion presently before the Court does not address such a claim.
-10-

 
 Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 1 of 9 PageID 1004

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff/Counter-Defendant,

)

)

VS.

)

)

STEIN WORLD, LLC,

)

)

Defendant/Counter-P

laintiff,

)

)

)

STEIN WORLD, LLC,

)

)

Third-Party

Plaintiff,

)

)

VS.

)

)

RICKY BEE,

)

)

Third-Party Defendant.

)

2:06-cv-02478-JMP-tmp CONSENT DECREE

CONSENT DECREE

This lawsuit was instituted by the E qual Employment Opportunity Comm ission (hereinafter the “Com mission”) against the De fendant Stein W orld, LLC (hereinafter the “Defendant”), pursuant to Sections 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq. and the Civil Rights Act of 1991, 42 U.S.C. §1981a, to remedy unlawful practices alleged in the Complaint, filed in th is action, on July 25, 2006. The Com plaint alleged th at Defendant, Stein World, LLC, breached the term s of a Settlement Agreement arising out of mediation before the Co mmission. The Complaint further

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 2 of 9 PageID 1005

alleged that that as a result of the m ediation, the parties entered into an agreement resolving the

dispute whereby Defendant would pay Ricky Bee’s medical expenses incurred during the thirty-

day period after Mr. Bee left the company.

On August 16, 2006, Defendant filed an

Answer, Counterclaim and Third-Party

Complaint in this action.

On March 15, 2007, the Comm ission filed an Amended Complaint which added a claim

that Defendant retaliated against Ricky Bee for opposing employm ent practices made unlawful

by Title VII.

The Defendant denied that it engaged in the unlawful em ployment practices alleged by

the Commission and maintained that the actions of its officials were proper and lawful in all

regards. T his Consent Decree do es not con stitute an ad mission by the Def endant of the

allegations of the Complaint. However, as all parties to this action desire to avoid the additional

expense and delay in the litiga tion of this case, the Comm ission, Ricky Bee and the Defendant

have agreed to settle all claims involved in this lawsuit.

In the event this proposed Consent Decree is not approved or does not become final, then

it shall not be admissible in evidence in any subsequent proceeding in this action.

This Consent Decree constitutes the complete agreement between the Commission, Ricky

Bee and Stein W orld with respect to the m atters referred to herein, including the allegations

raised in the Com plaint, Counterclaim and Third- Party Complaint. No waiver, m odification or

amendment of any provision of th is Consent Decree shall be eff ective unless made in writing.

No representations or inducements to compromise this action have been m ade, other than those

recited or referenced in this Consent Decree.

The court has reviewed the term s of the proposed Consent Decree in light of the

2

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 3 of 9 PageID 1006
applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consent Decree.
It is hereby ORDERED, ADJUDGED AND DECREED: I. JURISDICTION
The United States District Court for the Western District of Tennessee, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF CONSENT DECREE A. This Consent Decree resolves all issues and claims arising out of the Complaint of the Commission in this cause, alleging unlawf ul employment policies and practices maintained by Defendant and arising out of Charge N o. 250-2005-02404 filed with the Comm ission by Ricky Bee. Notwithstanding any provisions contained in this Agreem ent, this Agreement shall not be considered in any m anner to be disposi tive of any other charges now pending before any office of the Comm ission, or any other lawsuits pending against Defendant or its parent or its parent’s other subsidiaries, other than the above-mentioned charge and this lawsuit. B. This Consent Decree also resolves all issues and claims raised by Defendant in its Counterclaim and Third-Party Complaint. C. The provisions of this Consent Decree sh all continue to be effective and binding upon the parties to this action for one year.
III. NON-RETALIATION PROVISION Defendant will not breach the terms of settlement agreements arising out of mediation under the agency’s Alternative Dispute Resolution. Defendant will not retaliate against Ricky Bee as a result of his participation in this litigation.
3

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 4 of 9 PageID 1007
IV. TRAINING A. Defendant shall pr ovide employment-discrimination awareness training to all supervisory and management personnel at its faci lity in Memphis, Tenn essee, according to the following terms: (a) At all training sessions, Dawn Gatley, Di rector of Hum an Resources, will either participate in person or issue a statement affirming Defendant’s commitment to a zero-tolerance policy concerning retaliation in the company’s work place. (b) The training sessions will include at least two (2) hours of instruction. (c) The training sessions will include the following topics: what constitutes em ployment discrimination in violation of Title VII; how to prevent, identif y and rem edy employment discrimination; what constitutes retaliation in violation of Title VII; Defendant’s policy against employment discrimination and retaliation; and im plementation of Defendant’s policy against employment discrimination, including procedures and responsibilities for reporting, investigating and remedying conduct an employee believes may constitute employment discrimination. (d) Defendant shall obtain an outside human resources professional or counsel to conduct the training session. (e) Within sixty (60) days after execution of this Consent Decree by the parties, Defendant shall subm it to the Commission the name, address, and telephone number of the human resources professional or co unsel together with the date of the proposed training sessions and a detailed outline of the proposed training. The Commission will have thirty (30) days after the date of receipt of such information to accept or reject the training proposal. The Commission will not unreasonably withhold its approval of the proposal. If the Commission does not approve the trainer designated by the Defe ndant and/or the contents of the training, the parties shall
4

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 5 of 9 PageID 1008
attempt to resolve the matter and, if unsuccessful, submit the dispute to the Court. (f) The training sessions will be con ducted within one hundred twenty (120) days after
the date of the entry of this Consent Decree by the Court. V. NOTICE POSTING
The Defendant shall continue to conspicuous ly post the notice (pos ters) required to be posted pursuant to Title VII of the Civil Rights Act, as a mended. Furthermore, the Defendant shall conspicuously post the notice at Appendix A of this Decree for one year comm encing within ten (10) days after entry of this Decree by the Court.
VI. INDIVIDUAL RELIEF A. The Defendant shall pay fifteen thousand dollars ($15,000.00) in com pensatory damages (which includes out-of-pocket expens es and nonpecuniary dam ages), as follows: Within ten days after entry of the Decree, Defendant shall make payable to Ricky Bee a cashier’s check made payable to “Ricky Bee” in the amount of $15,000.00. B. The Defendant shall forward the a bove-mentioned cashier’s check to Darin B. Tuggle, Trial Attorney, Equal Em ployment Opportunity Commission, Memphis District Office, 1407 Union Avenue, Suite 900, Memphis, TN 38104. C. The D efendant shall provide Ricky Be e a neutral letter of reference which may be used by Mr. Bee in applying for positions with potential employers. Defendant agrees to provide the neutral reference to any potential employers of Ricky Bee, who request a job reference. Any such reference shall be identical to the for m demonstrated in Appendix B. No m ention of Ricky Bee’s charges of discrimination or this action will be made as part of the reference. D. Within 30 days after entry of the Decree, Defendant shall pay forty eight thousand four hundred twenty six dollars and forty one cents ($48,426.41) to the Regional Medical Center
5

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 6 of 9 PageID 1009

(MED) for medical services received by Mr. Bee. The P arties acknowledge and agree that said payment of $48,426.41 will satisfy the full am ount of any outstanding or future indebtedness as to any and all medical bills on behalf of Mr. Bee by Stein World. Bee waives any and all claims against Stein World for payment of medical claims. A copy of the cas hier’s check to the MED shall be m ailed to Darin B. Tuggle, Tria l Attorney, Equal Employm ent Opportunity Commission, Memphis District Office, 1407 Union Avenue, Suite 900, Memphis, TN 38104.
VII. COSTS Each of the parties shall bear its own costs, including attorneys’ fees.

So ORDERED this 27th day of May, 2008.

UNITED

/s/ JON P. McCALLA STATES DISTRICT JUDGE

6

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 7 of 9 PageID 1010

FOR DEFENDANT:

FOR THE COMMISSION:

RONALD S. COOPER General Counsel

s/ Jeff Weintraub (with permission DBT)

JEFF WEINTRAUB, Esquire

TN Bar No. 9686

ROBBIN HUTTON, Esquire

TN Bar No. 19440

Weintraub Stock, P.C.

1715 Aaron Brenner Suite 512

Memphis, TN 38120

TN

JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Faye A. Williams (with permission DBT) FAYE A. WILLIAMS Regional Attorney
Bar No. 011730

s/ Deidre Smith (with permission DBT) DEIDRE SMITH Supervisory Trial Attorney TN Bar No. 018499

s/ Darin B. Tuggle DARIN B. TUGGLE Trial Attorney NJ Bar No. 048621998

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 900 Memphis, TN 38104 (901) 544-0137

FOR PLAINTIFF-INTERVENOR

s/
MEMPHIS 109 Mem (901)

Webb A. Brewer (with permission DBT) WEBB A. BREWER TN Bar No. 009030
AREA LEGAL SERVICES N. Mid America Mall, Suite 200 phis, TN 38103
523-8822 Ext. 422

7

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 8 of 9 PageID 1011
APPENDIX A
NOTICE
1. This Notice to all employees of Stein World, LLC, is being posted as part of a mutual agreement between Stein World, LLC, and the Equal Employment Opportunity Commission in settlement of a complaint of employment discrimination.
2. Federal law requires an employer to maintain a workplace free from harassment based on sex, as well as race, color, religion, national origin, age (40 or older), or disability with respect to working environment or terms and conditions of employment.
3. Stein World, LLC, supports and will comply with Title VII in all respects and will not take any action against employees because they have opposed employment practices made illegal by Title VII or exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission, or because they testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under Title VII.

______________________________ Date

______________________________ Stein World, LLC
.

8

Case 2:06-cv-02478-JPM-tmp Document 125 Filed 05/27/08 Page 9 of 9 PageID 1012 APPENDIX B

Dear __________________,

This letter is in r eference to you r request for information regarding the em ployment of Ricky Bee at Stein World, LLC.

Mr. Bee worked at Stein World, LLC, from

___________________ through

____________. Company policy does not perm it us to give out any m ore information

concerning Mr. Bee’s employment.

I am sure Mr. Bee can provide you with the details concerning his tenure at Stein World, LLC. I hope this information is helpful and that it satisfactorily answers your inquiry.

Very truly yours,

STEIN WORLD, LLC

9

 
 Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 1 of 10 PageID 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff/Counter-Defendant,
v.
STEIN WORLD, LLC, Defendant/Counter-Plaintiff.

Civil Action No.: 2:06-cv-02478-JPM

STEIN WORLD, LLC, Third-Party Plaintiff,
v. RICKY BEE,
Third-Party Defendant.

ANSWER AND THIRD-PARTY COMPLAINT

COMES NOW the Defendant, Stein World, LLC ("Stein World"), and for its Answer to the Complaint filed in this cause states as follows:
I. Response to Complaint 1. As to the Nature of the Action, same does not require a response, but as to the statement that Stein World breached an agreement, same is denied. 2. It admits the allegations contained in paragraph 1 of the Complaint.
Page 1 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 2 of 10 PageID 9
3. It denies the allegations contained in paragraph 2 ofthe Complaint. 4. It admits the allegations contained in paragraphs 3, 4 and 5 of the Complaint. 5. It admits that on May 17, 2005 Ricky Bee filed a charge with the Equal
Employment Opportunity Commission ("EEOC") alleging that it engaged in employment practices in violation of Title VII, which allegations it denies. For further answer, it denies that all conditions precedent to the institution of this lawsuit have been fulfilled. 6. It admits the allegations contained in paragraph 7 of the Complaint, but for further answer avers that said charge of discrimination speaks for itself. 7. It admits the allegations contained in paragraph 8 of the Complaint. 8. It denies the allegations contained in paragraph 9 of the Complaint as written. 9. It denies the allegations contained in paragraph 10 of the Complaint as written. 10. It admits the allegations contained in paragraph 11 of the Complaint. 11. It is without sufficient knowledge, information or belief to either admit, explain or deny the allegations contained in paragraph 12 of the Complaint, and therefore neither admits nor denies same and demands strict proof thereof. 12. It admits the allegations contained in paragraph 13 of the Complaint. 13. It denies the allegations contained in paragraph 14 of the Complaint as written, but it does admit that a mediation was held on July 6, 2005. 14. A copy of the Mediation Settlement Agreement was not attached to the Complaint as Exhibit A. However, Stein World is aware of the Settlement Agreement to which Plaintiff makes reference.
Page 2 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 3 of 10 PageID 10
Stein World avers that said Settlement Agreement does not reflect the agreement reached during the mediation, and therefore it denies the allegations contained in paragraph 16 as written. 15. It denies the allegations contained in paragraph 17 as written. 16. It is without sufficient knowledge, information or belief as to the allegations contained in paragraph 18 of the Complaint, and therefore neither admits nor denies same and demands strict proof thereof. For further answer, it admits that it did receive a bill for the hospitalization of charging party. 17. It denies the allegations contained in paragraph 19 of the Complaint, but for further answer avers that it agreed to pay charging party the agreed amount of settlement in the amount of$5,000.00, which charging party accepted. 18. For its answer to paragraph 20 of the Complaint, Stein World avers that the Mediation Settlement Agreement speaks for itself. 19. For its answer to paragraph 21 of the Complaint, Stein World avers that the Mediation Settlement Agreement does not reflect the meeting of the minds and therefore same is without any legal force or effect. 20. It denies the allegations contained in paragraph (sic) 21 of the Complaint. 21. It denies Plaintiff is entitled to the relief prayed for, or to any other relief, in law or in equity. 22. All other allegations neither admitted, explained, or denied are denied.
Page 3 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 4 of 10 PageID 11

n.
Affirmative Defenses

23. For further answer, Stein World avers:

a. The Complaint fails to state a cause of action upon which relief may be

granted.

b. There has been a failure to exhaust administrative remedies.

c. There has been accord and satisfaction.

d. There has been a failure to join an indispensable party under Rule 19,

F.R.C.P.

e. The action is barred by the applicable statute of limitations.

f.

There is no meeting of the minds and hence no agreement.

g. The action is barred by the fraudulent acts and misrepresentations of the

Third-Party Defendant, Ricky Bee ("Bee").
m.
Act of Fraud and Misrepresentations

24. Bee had a pre-existing medical condition which would make him ineligible for

health insurance coverage provided by Stein World.

25. The failure to provide hospitalization coverage because of Bee's failure to timely

apply is irrelevant to the issues raised in Bee's charge.

26. Plaintiff made no determination as to the merits of the underlying charges [and] but

invited the parties to mediate, which they did.

"Mediation focuses on a resolution of the underlying dispute - - -. It is not a forum

for reaching a determination on whether discrimination occurred - - -." (EEOC

Page 4 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 5 of 10 PageID 12
Form Letter; Exhibit A, attached) 27. At the mediation, Bee claimed he was hospitalized with pneumonia (Complaint, ~
12) and represented that his hospital and medical bills were but a few thousands of dollars. 28. During the mediation, Stein World agreed to pay those medical bills which were incurred within thirty (30) days after termination, not to exceed $5,000.00, to which Bee agreed. 29. But contrary to Bee's representation, Bee had a lung transplant (with a hospitalization period from May 5, 2005 to June 4, 2005), incurring medical bills in an amount in excess of$150,000.00, $48,426.41 of which the MED seeks to recover from Stein World, and which Plaintiff seeks to force Stein World to pay. 30. Bee knew very well he had a lung transplant and that his medical bills were more than a "few thousand dollars". 31. Bee fraudulently and intentionally misrepresented the facts for the sole purpose of inducing and extorting monies from Stein World.
IV. Counter Claim to Rescind Mediation Settlement Agreement and/or to Reform Said
Agreement to Reflect the Actual Agreed to Terms 32. Stein World incorporates herein paragraphs 1 - 31, supra. 33. Stein World reached an agreement to pay Bee's medical expenses up to $5,000.00. 34. This agreement with a cap of$5,000.00 was accepted by Bee and made known to
the Mediation Officer. 35. The EEOC Mediation Officer made the mistake in failing to reflect the $5,000.00
Page 5 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 6 of 10 PageID 13
cap in the agreement between the parties, with which Stein World has complied. 36. Stein World has called upon Plaintiff to correct this omission and conform the
Mediation Settlement Agreement to reflect the agreement reached and agreed to, but Plaintiff refuses to do so. WHEREFORE premises considered, Stein World seeks to have the Mediation Settlement Agreement reformed so as to express the real agreement of the parties thereto, especially the mistake alleged to be corrected; additionally and/or alternatively, that said Mediation Settlement Agreement be rescinded and held for naught.

THIRD-PARTY COMPLAINT

JURY DEMANDED

COMES NOW the Defendant, Stein World, LLC ("Stein World") and assuming the role

of Third-Party Plaintiff avers as follows:

37. It incorporates herein by reference its Answer, Affirmative Defenses and Counter

Claim set forth above.

38. Ricky Bee ("Bee") is a resident citizen of Memphis, Shelby County, Tennessee,

residing at 3865 Philsdale, Memphis, TN 38111.

39. Bee misrepresented facts and engaged in the fraudulent acts described in

paragraphs 27, 28, 29, 30, 31 and 32, supra, resulting in Stein World being

induced to agree to a mediated settlement, with a $5,000.00 cap on medical and

hospital expenses.

40. Bee is well aware that Stein World only agreed to pay up to $5,000.00 for medical

Page 6 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 7 of 10 PageID 14
and hospital bills incurred within thirty (30) days of his termination. 4l. But for Bee's fraudulent misrepresentations, Stein World would not have agreed
to or entered into a Mediation Settlement Agreement. 42. Upon information and belief, Bee has taken no steps to advise Plaintiff that the
Mediation Settlement Agreement does not reflect the agreement reached between the parties. 43. Should Plaintiff be granted judgment, Stein World is entitled to a judgment over/against Bee. WHEREFORE premises considered, Stein World prays: 1. As to the Complaint, judgment be entered for it. 2. As to the Counter Claim, should judgment not be entered as to the Complaint, that the Mediation Settlement Agreement be reformed to correct the omission of the $5,000.00 cap. 3. As to the Third-Party Complaint, should judgment not be entered for it as to the Complaint, that it have judgment over/against Bee for any sums found to be due and owing to Plaintiff. 4. That it have such other and further relief to which it may be entitled. 5. That a jury be empaneled.
Page 7 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 8 of 10 PageID 15 Respectfully submitted,
tephen . Biller (#007764) The Bogatin Law Firm, PLC 1661 International PI. Drive, #300 Memphis, TN 38120 (901) 767-1234 (901) 767-2803
CERTIFICATE OF SERVICE I, Stephen H. Biller, do hereby certify that a true and correct copy of the foregoing was served upon: Faye A Williams, Esq. and Darin B. Tuggle, Esq., Equal Employment Opportunity Commission, 1407 Union Avenue, Suite 621, Memphis, TN 38104 by placing a copy of same in the United States Mail, postage prepaid, this the ~day of August, 2006.
C ~l~ er ~~
HISHBISlein World. LLC\Answer and 3rd Party Complaint vlwpd
Page 8 of 8

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 9 of 10 PageID 16

u.s. Equal Employment Opportunity Commission
Memphis District Office

1407 Union Avenue
Suite 621 Memphis, TN 38104
(901) 544-0115 TTY (901) 544-0112 FAX (901) 544-0126
1-800-669-4000

May 23,2005

Mr. Leon Benz Human Resources Manager STEIN WORLD LLC 1721 Latham Street Memphis, TN 38106

EEOC Number: 250-2005-02404

Dear Mr. Benz:
A charge of unlawful discrimination has been filed against your company, STEIN WORLD LLC, by Ricky Bee, the Charging Party. In an effort to expedite the charge resolution process, your charge has been selected for mediation by the Equal Employment Opportunity Commission (EEOC). Mediation is an informal process in which those involved in a dispute jointly explore and reconcile their differences. Mediation is offered as an alternative to the often lengthy investigative process traditionally used to determine the merits of charges of discrimination filed with EEOC. The purpose of mediation is to help the parties reach a fair and expeditious resolution of the charge prior to an investigation. The majority of mediations are completed in only one session. If the charge is resolved during the mediation process, the charge will be closed and the terms of the agreement will end further processing by the Commission.
Mediation focuses on a resolution of the underlying dispute by addressing the interests of both parties. It is not a forum for reaching a determination on whether discrimination occurred. Therefore, any agreement reached during mediation does not constitute an admission that discrimination occurred. However, the agreement will resolve the employment dispute.
Participation in the mediation program is completely voluntary. If you decide to participate in the mediation program, the individual representing your entity during the mediation session must have authority to settle the case at the scheduled mediation.
Two agreements are enclosed for your review - the "Agreement to Mediate" and the "Confidentiality Agreement." You should complete and return both agreements if you are interested in mediating this charge. Also enclosed is a Mediation Fact Sheet that answers many questions that you may have regarding this program.
If we do not hear from you within 15 days from the date of this letter, the charge may be assigned to an investigator and processed under normal charge processing procedures. (Please see the letter we sent you dated May 23, 2005 with the Notice of Filing of Charge.)
EXHIBIT
I A

Case 2:06-cv-02478-JPM-tmp Document 2 Filed 08/16/06 Page 10 of 10 PageID 17

If you have any questions concerning the mediation program, please call Irma E. Boyce at (901) 544-0152.
Sincerely,

Enclosure(s)

Robert L. Stevenson
ADR Coordinator

7 .

 
 Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 1 of 11
U.S. District Court Western District of Tennessee (Memphis) CIVIL DOCKET FOR CASE #: 2:06−cv−02478−JPM−tmp

CLOSED

Equal Employment Opportunity Commission v. Stein World, LLC Assigned to: Judge Jon Phipps McCalla Referred to: Magistrate Judge Tu M. Pham Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 07/25/2006 Date Terminated: 05/27/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Darin B. Tuggle EQUAL EMPLOYMENT OPPORTUNITY COMMISSION− Memphis 1407 Union Avenue Ste. 901 Memphis, TN 38104 901−544−0137 Fax: 901−544−0111 Email: darin.tuggle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deidre Smith BREWER &BARLOW PLC 1755 Kirby Parkway Suite 110 Memphis, TN 38120 901−757−3360 Fax: 901−757−3361 Email: deidre@brewerbarlow.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A. Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION− Memphis 1407 Union Avenue Ste. 901 Memphis, TN 38104 901−544−0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash , Jr. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Little Rock Area Office 820 Louisiana Ste. 200 Little Rock, AR 72201 501−324−5339 Fax: 501−324−5991 Email: William.Cash@eeoc.gov ATTORNEY TO BE NOTICED

V. Movant

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 2 of 11

United Healthcare Insurance Company TERMINATED: 06/26/2007

represented by Fred C. Statum , III MANIER &HEROD 150 4th Avenue North Ste. 2200 Nashville, TN 37219−2494 615−244−0030 Email: fstatum@manierherod.com TERMINATED: 06/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Stein World, LLC
ThirdParty Plaintiff Stein World, LLC

represented by Jeff Weintraub Fisher and Phillips, LLP Renaissance Center 1715 Aaron Brenner Dr. Ste. 312 Memphis, TN 38120 901−526−0431 Fax: 901−526−8183 Email: jweintraub@laborlawyers.com ATTORNEY TO BE NOTICED
Robbin W. Hutton JACKSON LEWIS LLP − Memphis 999 Shady Grove Road Suite 110 Memphis, TN 38120 901−462−2603 Email: robbin.hutton@jacksonlewis.com ATTORNEY TO BE NOTICED
Stephen H. Biller THE BILLER LAW FIRM 6000 Poplar Ave., Ste. 250 Memphis, TN 38119 901−763−1800 Fax: 901−259−5380 Email: sbiller@thebillerfirm.com TERMINATED: 03/26/2008 ATTORNEY TO BE NOTICED
represented by Jeff Weintraub (See above for address) ATTORNEY TO BE NOTICED
Robbin W. Hutton (See above for address) ATTORNEY TO BE NOTICED

V. ThirdParty Defendant Ricky Bee

represented by Webb A. Brewer BREWER &BARLOW PLC 1755 Kirby Parkway Suite 110 Memphis, TN 38120 901−866−1653

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 3 of 11

Fax: 901−866−1630 Email: webb@brewerbarlow.com ATTORNEY TO BE NOTICED

Counter Claimant Stein World, LLC

represented by Stephen H. Biller (See above for address) TERMINATED: 03/26/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robbin W. Hutton (See above for address) ATTORNEY TO BE NOTICED

V.
Counter Defendant
Equal Employment Opportunity Commission

represented by Deidre Smith (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/25/2006 08/16/2006 08/16/2006 08/18/2006 08/18/2006 08/21/2006
09/18/2006 09/25/2006 09/27/2006 10/04/2006 10/10/2006

# Docket Text
1 COMPLAINT against Stein World, LLC (Filing fee $350.00) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 07/26/2006)
2 ANSWER to Complaint, THIRD PARTY COMPLAINT against Ricky Bee, COUNTERCLAIM against Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 08/16/2006)
3 MOTION to Deposit Funds Proposed Order Submitted by Stein World, LLC. (Biller, Stephen) (Entered: 08/16/2006)
Summons Issued as to Ricky Bee. (cas) (Entered: 08/18/2006)
4 NOTICE by Equal Employment Opportunity Commission Notice of Filing (Attachments: # 1 Exhibit Attachment A − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 08/18/2006)
5 TEXT−ONLY ORDER − ORDER granting 3 Motion to Deposit Funds with Clerk of the Court. Defendant is ordered to deposit $5000 with the clerk of the court.Signed by Judge Jon Phipps McCalla on 08/21/06. (McCalla, Jon) (Entered: 08/21/2006)
6 SETTING LETTER: Scheduling Conference set for 10/26/2006 at 10:00 AM in Courtroom 6 − Memphis before Tu M. Pham. (bdg, ) (Entered: 09/18/2006)
7 NOTICE by Stein World, LLC re 5 Order on Motion to Deposit Funds Notice of Tender of Funds (Attachments: # 1 Exhibit A# 2 Exhibit B)(Biller, Stephen) (Entered: 09/25/2006)
8 SETTING LETTER: Scheduling Conference reset for Thurs., 11/16/2006 09:45 AM (CST) in Courtroom 6 − Memphis before Tu M. Pham. (wmw, ) (Entered: 09/27/2006)
9 NOTICE of Appearance by Deidre Smith on behalf of Equal Employment Opportunity Commission (Smith, Deidre) (Entered: 10/04/2006)
10 NOTICE by Stein World, LLC of Filing of Executed Subpoena Issued to Ricky Bee (Attachments: # 1 Executed Summons Issued to Ricky Bee)(Biller, Stephen) (Entered: 10/10/2006)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 4 of 11

10/10/2006 10/10/2006 10/10/2006
10/10/2006 10/11/2006
10/11/2006 10/11/2006 10/11/2006 10/11/2006
10/18/2006 10/20/2006 10/27/2006

11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 10/10/2006)
12 NOTICE by Stein World, LLC re 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) of Application for Entry of Default with Supporting Affidavit (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/10/2006)
13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit List to Motion to Dismiss# 3 Exhibit A − Mediation Settlement Agreement# 4 Exhibit Collective Exhibit B# 5 Exhibit Collective Exhibit B# 6 Exhibit Collective Exhibit B# 7 Exhibit Collective Exhibit B# 8 Exhibit C − Declaration of Dr. Darryl Weiman# 9 Exhibit D − Declaration of Ricky Bee# 10 Exhibit E − Affidavit and Certification of Mike Phillips# 11 Exhibit F − Letter from Stein World, LLC dated 9−27−05)(Tuggle, Darin) (Entered: 10/10/2006)
19 MOTION to Dismiss Third Party Complaint by Ricky Bee. (agj,) (Entered: 10/11/2006)
14 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) filed by Stein World, LLC, has been filed. However, the following deficiency has been found: : "Entry of Default" must be requested and granted before "Default Judgment" is to be considered. Motion for default judgment has been termed, as no request for entry of default has been submitted. The filer has one business day to correct the deficiency. (jae, ) (Entered: 10/11/2006)
15 Third Party MOTION for Default Judgment as to Entry of Default with Supporting Affidavit as to Third−Party Defendant, Ricky Bee by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/11/2006)
16 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 10/11/2006)
17 ORDER granting 15 Motion for Entry of Default. Default is granted as to Third Party Defendant Ricky Bee. Signed by Clerk of Court on 10/11/06. (jae, ) (Entered: 10/11/2006)
18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Amend Complaint# 2 Exhibit List to Memo in Support# 3 Exhibit A − Charge of Discrimination of Ricky Bee# 4 Exhibit B − Mediation Settlement Agreement# 5 Exhibit (Collective) − C − Unreported Cases# 6 Exhibit (Collective) − C − Unreported Cases# 7 Exhibit (Collective) − C − Unreported Cases# 8 Exhibit (Collective) − C − Unreported Cases# 9 Exhibit (Collective) − C − Unreported Cases# 10 Exhibit D − Declaration of Darryl S. Weiman, MD# 11 Exhibit E − Affidavit and Certification of Mike Phillips# 12 Certificate of Consultation)(Smith, Deidre) (Entered: 10/11/2006)
20 RESPONSE to Motion re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Stein World, LLC. (Biller, Stephen) (Entered: 10/18/2006)
21 RESPONSE to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Stein World, LLC. (Attachments: # 1 Affidavit Affidavit of Correy Gex# 2 Affidavit Affidavit of Wes Ward)(Biller, Stephen) (Entered: 10/20/2006)
22 MOTION for Leave to File (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Leave to File a Reply# 2 Certificate of Consultation in Support of Motion for Leave to File a Reply)(Smith, Deidre) (Entered: 10/27/2006)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 5 of 11

11/09/2006 11/14/2006
11/14/2006
11/15/2006
11/21/2006 11/21/2006 11/27/2006
11/30/2006 12/08/2006 12/13/2006 12/13/2006 02/09/2007 02/09/2007 02/12/2007 02/12/2007 02/23/2007
02/27/2007 03/07/2007 03/07/2007

23 ORDER granting 22 Motion for Leave to File. Signed by Judge Jon Phipps McCalla on 11/9/06. (McCalla, Jon) (Entered: 11/09/2006)
24 SCHEDULING ORDER: Amended Pleadings due by 1/8/2007. Discovery due by 8/27/2007. Joinder of Parties due by 1/8/2007. Dispositive motions due by 11/5/2007. Jury trial to last two (2) days. The Scheduling Conference set for 11/16/06 is canceled. Signed by Judge Tu M. Pham on 11/14/06. (Pham, Tu) (Entered: 11/14/2006)
25 REPLY to Response to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Medical Records of Ricky Bee)(Tuggle, Darin) (Entered: 11/14/2006)
26 NOTICE of filing exhibit by Equal Employment Opportunity Commission re 25 Reply to Response to Motion (Attachments: # 1 Affidavit of Custodian of Medical Records Susan Wahpepah)(Tuggle, Darin) Modified on 11/16/2006 (jae, ). (Entered: 11/15/2006)
27 ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/20/06. (McCalla, Jon) (Entered: 11/21/2006)
Set Deadlines/Hearings: Pretrial Order due by 1/8/2008. Jury Trial set for 1/22/2008 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/21/2006)
28 SETTING LETTER: Jury Trial set for 1/22/2008 09:30 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 1/8/2008.(jpw) (Entered: 11/27/2006)
29 NOTICE by Stein World, LLC Defendant, Stein World, LLC's Rule 26(A) Disclosure (Biller, Stephen) (Entered: 11/30/2006)
30 NOTICE of Appearance by Webb A. Brewer on behalf of Ricky Bee (Brewer, Webb) (Entered: 12/08/2006)
31 REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 12/13/2006)
32 RESPONSE in Opposition re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM (Amended) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/13/2006)
33 RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)
34 RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)
35 RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)
36 REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)
Motions No Longer Referred: 16 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted)per Magistrate Judge Chambers motion removed from Magistrate Judge Report (vlg ) (Entered: 02/23/2007)
37 Third Party MOTION to Set Aside Default by Ricky Bee. (Attachments: # 1 Memorandum # 2 Affidavit # 3 Supplement)(Brewer, Webb) (Entered: 02/27/2007)
38 RESPONSE to Motion re 37 Third Party MOTION to Set Aside Default filed by Stein World, LLC. (Biller, Stephen) (Entered: 03/07/2007)
39 ORDER granting 37 Motion to Set Aside Default. Signed by Judge Jon Phipps McCalla on 3/7/07. (McCalla, Jon) (Entered: 03/07/2007)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 6 of 11

03/13/2007
03/15/2007 03/16/2007
03/22/2007 03/27/2007
04/16/2007 04/18/2007 04/19/2007 04/19/2007
05/03/2007 05/03/2007 05/08/2007 05/16/2007 05/16/2007
05/25/2007 05/25/2007 06/04/2007

40 REPORT AND RECOMMENDATIONS. 18 Recommends that EEOC's Motion to Amend Complaint be Granted. Plaintiff shall file its amended complaint with the court within seven (7) days from the date of this Report &Recommendation. Objections to RRdue by 3/23/2007. Signed by Magistrate Judge Tu M. Pham on 3/13/07. (Pham, Tu) (Entered: 03/13/2007)
41 AMENDED COMPLAINT against Stein World, LLC, filed by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 03/15/2007)
42 NOTICE by Stein World, LLC re 40 REPORT AND RECOMMENDATIONS re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Equal Employment Opportunity Commission, of Filing of Exceptions to Report and Recommendation (Biller, Stephen) (Entered: 03/16/2007)
43 ANSWER to Amended Complaint by Stein World, LLC.(Biller, Stephen) (Entered: 03/22/2007)
44 ORDER DENYING PLAINTIFF EQUAL OPPORTUNITY COMMISSION'S MOTION TO DISMISS DEFENDANT'S COUNTER CLAIM AND ORDER DENYING MOTION TO DISMISS THIRD PARTY COMPLAINT. Signed by Judge Jon Phipps McCalla on 3/27/07. (McCalla, Jon) (Entered: 03/27/2007)
45 MOTION to Compel United Healthcare Insurance Company (proposed order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Biller, Stephen) (Entered: 04/16/2007)
46 MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 04/18/2007)
47 NOTICE by Stein World, LLC re 46 MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) of Withdrawal of Motion to Compel (Biller, Stephen) (Entered: 04/19/2007)
48 ORDER Denied as moot 46 Motion to Compel Third−Party Defendant, Ricky Bee. On April 19, 2007, defendant filed a notice with the court withdrawing its motion to compel (D.E. 46). Therefore, the motion to compel is denied as moot. Signed by Magistrate Judge Tu M. Pham on 4/19/07. (Pham, Tu) (Entered: 04/19/2007)
49 Plaintiff's ANSWER to Counterclaim of Defendant Stein World, LLC by Equal Employment Opportunity Commission.(Smith, Deidre) (Entered: 05/03/2007)
50 Third Party Defendant's ANSWER to Third Party Complaint by Ricky Bee.(Brewer, Webb) (Entered: 05/03/2007)
51 MOTION for Issuance of Letters Rogatory Pursuant to F.R.C.P. 28 (proposed order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 05/08/2007)
52 ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Jon Phipps McCalla on 5/16/07. (McCalla, Jon) (Entered: 05/16/2007)
53 ORDER Granting 45 Defendant's Motion to Compel. United Healthcare shall provide all documents responsive to Stein World's subpoena within twenty (20) days from the date of this order. The Clerk of Order shall deliver a copy of this order, via US mail to DeDe Bergman, United Healthcare Insurance Company, 871 Ridgeway Loop, Memphis, TN 38120 and Jessica Vardian, Special Services Administrator, Network Operations, 1003 Broad Street, Suite 300, Johnstown, PA 15906. Signed by Magistrate Judge Tu M. Pham on 5/16/07. (Pham, Tu) (Entered: 05/16/2007)
54 RETURN RECEIPT of certified mail (#70040750000422421165) to Jessica Vardian (jae, ) (Entered: 05/25/2007)
55 RETURN RECEIPT of certified mail (#70040750000422421172) to De De Bergman. (jae, ) (Entered: 05/25/2007)
56 MOTION for Protective Order Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/04/2007)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 7 of 11

06/05/2007 06/06/2007
06/08/2007 06/12/2007 06/14/2007 06/14/2007 06/15/2007
06/18/2007
06/26/2007 07/02/2007 07/02/2007
07/09/2007 07/09/2007 07/19/2007 07/23/2007 07/24/2007 07/27/2007 11/05/2007

57 Joint MOTION for Extension of Time to Complete Discovery Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/05/2007)
58 ORDER Granting 57 Motion for Extension of Time to Complete Discovery. UHIC shall have until 6/12/07 to comply with the court's 5/16/07 order granting Defendant's Motion to Compel. Signed by Magistrate Judge Tu M. Pham on 6/6/07. (Pham, Tu) (Entered: 06/06/2007)
59 NOTICE of Appearance by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (Cash, William) (Entered: 06/08/2007)
60 Second MOTION to Extend Deadline Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/12/2007)
61 ORDER granting 51 Motion for Issuance of Letters Rogatory . Signed by Magistrate Judge Tu M. Pham on 06/14/2007. (wbe, ) (Entered: 06/14/2007)
Letters Rogatory Issued pursuant to 61 Order on Motion for Issuance of Letters Rogatory (wbe, ) (Entered: 06/14/2007)
62 ORDER Granting 60 Second Motion to Extend. UHIC shall have until 7/3/07 to comply with the Court's 5/16/07 order granting defendant's motion to compel. Signed by Magistrate Judge Tu M. Pham on 6/15/07. (Pham, Tu) (Entered: 06/15/2007)
63 ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR DETERMINATION: 56 MOTION for Protective Order filed by United Healthcare Insurance Company [TEXT ORDER−−NO IMAGE ASSOCIATED). Signed by Judge Jon Phipps McCalla on 6/18/07. (McCalla, Jon) (Entered: 06/18/2007)
64 ORDER Granting 56 Motion for Protective Order. Signed by Magistrate Judge Tu M. Pham on 6/26/07. (Pham, Tu) (Entered: 06/26/2007)
65 NOTICE by Stein World, LLC of Deposition of Leon Benz (Biller, Stephen) (Entered: 07/02/2007)
66 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 65 Notice (Other) filed by Stein World, LLC, has been filed. For future reference, please note : More appropriate event is found under "Discovery Documents", "Notice to Take Deposition". Please review the attorney event list if unsure of event to select. Filer is not required to resubmit document. (jae, ) (Entered: 07/02/2007)
67 NOTICE to Take Deposition of Irma Boyce by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)
68 NOTICE to Take Deposition of Ricky Bee by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)
69 NOTICE to Take Deposition of Leon Benz (Re−Notice) by Stein World, LLC.(Biller, Stephen) (Entered: 07/19/2007)
70 REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/23/2007)
71 REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/24/2007)
72 REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/27/2007)
73 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 Exhibit List for Motion for Summary Judgment# 3 Exhibit No. 1 Mediation Settlement Agreement# 4 Exhibit No. 2 − Letter to Stephen Biller dated 6−14−06# 5 Exhibit Collective Exhibit No. 3 − Unreported Case − Zion Hill# 6 Exhibit Collective Exhibit No. 3 − Unreported Case − Burliso v. USA# 7 Exhibit No. 4 − Declaration of Dr. Darryl Weiman# 8 Exhibit No. 5 − Declaration of Ricky Bee# 9 Affidavit and Certification of Mike Phillips# 10 Exhibit No. 7 − Letter

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 8 of 11

11/05/2007
11/19/2007 11/19/2007 11/19/2007 12/07/2007 12/07/2007 12/14/2007 12/14/2007 12/17/2007 12/17/2007 12/18/2007
12/18/2007 12/21/2007 12/21/2007

from Leon Benz dated 9−27−05)(Tuggle, Darin) (Entered: 11/05/2007)
74 NOTICE by Equal Employment Opportunity Commission re 73 MOTION for Summary Judgment of Filing Plaintiff EEOC's and Third Party Defendant Ricky Bee's Statement of Undisputed Facts in Support of their Motion for Summary Judgment (Attachments: # 1 Exhibit No. 5 to MSJ − Declaration of Ricky Bee# 2 Exhibit No. 8 − Charge of Discrimination# 3 Exhibit No. 1 to MSJ − Mediation Settlement Agreement# 4 Exhibit No. 9 − Depo excerpts of Correy Gex# 5 Exhibit No. 10 − Depo excerpts of Wes Ward# 6 Errata No. 12 − Depo excerpts of Ricky Bee# 7 Exhibit No. 6 − Affidavit and Certification of Mike Phillips# 8 Exhibit No. 7 to MSJ − Letter from Leon Benz dated 9−27−05# 9 Exhibit No. 11 − Depo excerpts of Irma Boyce)(Tuggle, Darin) (Entered: 11/05/2007)
75 NOTICE by Stein World, LLC re 74 Notice (Other), Notice (Other), Notice (Other), Notice (Other) of Filing of Response to Plaintiff's Statement of Undisputed Material Facts (Biller, Stephen) (Entered: 11/19/2007)
76 RESPONSE to Motion re 73 MOTION for Summary Judgment filed by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 11/19/2007)
77 NOTICE by Stein World, LLC re 76 Response to Motion of Filing of Defendant/Counter−Plaintiff's Statement of Undisputed Material Facts (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit Deposition Excerpts)(Biller, Stephen) (Entered: 11/19/2007)
78 SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/2007 10:00 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 12/07/2007)
79 CORRECTED SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/*2007 10:00 AM before Judge Jon Phipps McCalla. (*Corrected date on image attached). (jpw) (Entered: 12/07/2007)
80 MOTION for Leave to File (Reply Brief and Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for leave to Reply# 2 Certificate of Consultation for Motion for Leave to Reply)(Tuggle, Darin) (Entered: 12/14/2007)
81 RESPONSE to Motion re 80 MOTION for Leave to File (Reply Brief and Proposed Order Submitted) MOTION for Leave to File (Reply Brief and Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/14/2007)
82 TEXT−ONLY ORDER GRANTING 80 Motion for Leave to File Reply. *No image associated with this Order.*Signed by Judge Jon Phipps McCalla on 12/17/07. (McCalla, Jon) (Entered: 12/17/2007)
83 REPLY to Response to Motion re 73 MOTION for Summary Judgment filed by Ricky Bee, Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Tuggle, Darin) (Entered: 12/17/2007)
84 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Hearing re: 73 held on 12/18/2007. Motion heard and taken under advisement. Plaintiff to file final submittal by 12/21/2007. Defendant to file response by 12/28/2007. (EEOC: Darin Tuggle, Deidre Smith, William Cash) (Stein World: Stephen Biller) (Ricky Bee: Webb Brewer) (Court Reporter: Brenda Parker) (jpw) (Entered: 12/18/2007)
85 ORDER FOLLOWING TELEPHONIC HEARING; ORDER ON SUPPLEMENTAL BRIEFING. Signed by Judge Jon Phipps McCalla on 12/18/07. (McCalla, Jon) (Entered: 12/18/2007)
86 NOTICE by Stein World, LLC of Filing of Affidavit (Attachments: # 1 Affidavit of Leon Benz)(Biller, Stephen) (Entered: 12/21/2007)
87 NOTICE by Equal Employment Opportunity Commission Rule 26(a)(3) Disclosures (Tuggle, Darin) (Entered: 12/21/2007)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 9 of 11

12/21/2007
12/27/2007
12/27/2007 01/04/2008 01/07/2008 01/07/2008
01/07/2008 01/07/2008 01/08/2008 01/08/2008 01/08/2008 01/08/2008
01/08/2008
01/08/2008 01/08/2008 01/08/2008
01/09/2008

88 REPLY to Response to Motion re 73 MOTION for Summary Judgment Supplement to Reply filed by Ricky Bee, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Unreported case# 2 Exhibit Unreported case# 3 Exhibit Unreported case 3)(Tuggle, Darin) (Entered: 12/21/2007)
89 NOTICE by Stein World, LLC re 88 Reply to Response to Motion, of Filing of Response to Plaintiff's and Third−Party Defendant's Joint Supplemental Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biller, Stephen) (Entered: 12/27/2007)
90 NOTICE by Stein World, LLC re 87 Notice (Other) of Filing of Objections to Plaintiff/Counter−Defendant's Pretrial Disclosures of Exhibits and Witnesses (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 12/27/2007)
91 NOTICE by Stein World, LLC of Filing of 26(a)(3) PreTrial Disclosures of Exhibits and Witnesses (Biller, Stephen) (Entered: 01/04/2008)
92 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion in Limine)(Tuggle, Darin) (Entered: 01/07/2008)
93 MOTION to Strike (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Strike Untimely Filed PreTrial Disclosures)(Tuggle, Darin) (Entered: 01/07/2008)
94 RESPONSE to Motion re 93 MOTION to Strike (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)
95 RESPONSE to Motion re 92 MOTION in Limine (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)
96 Proposed Pretrial Order (Joint) by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 01/08/2008)
97 Proposed Jury Instructions by Stein World, LLC. (Attachments: # 1 Verdict Form A, # 2 Verdict Form B, # 3 Verdict Form C)(Biller, Stephen) (Entered: 01/08/2008)
98 Proposed Voir Dire by Stein World, LLC. (Biller, Stephen) (Entered: 01/08/2008)
99 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement, # 4 Exhibit C − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)
100 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 01/08/2008)
101 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)
102 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Tuggle, Darin) (Entered: 01/08/2008)
103 MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Collective Exhibit Document 1, # 3 Exhibit A − Collective Exhibit Document 2, # 4 Exhibit A − Collective Exhibit Document 3)(Tuggle, Darin) (Entered: 01/08/2008)
104 MOTION to Continue (proposed order submitted) by Stein World, LLC. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Biller, Stephen) (Entered: 01/09/2008)

Case: 2:06-cv-02478-JPM-tmp As of: 04/22/2014 09:39 PM CDT 10 of 11

01/10/2008
01/10/2008
01/10/2008
01/10/2008 01/11/2008
01/11/2008 01/11/2008 02/19/2008 03/05/2008 03/18/2008 03/18/2008 03/18/2008 03/26/2008 03/26/2008 04/04/2008

105 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 104 MOTION to Continue (proposed order submitted) filed by Stein World, LLC has been filed. However, the following deficiency has been found: Document does not contain a certificate of service. Counsel may submit the certificate of service as an "attachment" (found under Other Documents). The filer has one business day to correct the deficiency. (jae, ) (Entered: 01/10/2008)
106 ORDER Setting Telephonic Hearing on 104 Motion to Continue: Telephonic Hearing set for Friday, 01/11/2008 at 09:30 AM before Chief Judge Jon Phipps McCalla. Counsel for Stein World shall initiate the conference call prior to dialing Judge McCalla's chambers. Signed by Chief Judge Jon Phipps McCalla on 01/10/08. (McCalla, Jon) (Entered: 01/10/2008)
107 RESPONSE in Opposition re 104 MOTION to Continue (proposed order submitted) (Proposed Order Submitted) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit − Unreported Case − Lewis v. McDonald's Corporation)(Tuggle, Darin) (Entered: 01/10/2008)
Set/Reset Hearings: Telephone Conference set for 1/11/2008 09:30 AM before Chief Judge Jon Phipps McCalla. (jae, ) (Entered: 01/10/2008)
108 Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Telephonic Hearing re: 104 held on 1/11/2008. Motion heard and granted. Proposed Pretrial Order due 4:30 PM by 5/20/2008. Pretrial Conference reset for 5/27/2008 09:00 AM in Courtroom 4 − Memphis before Chief Judge Jon Phipps McCalla. Jury Trial reset for 6/2/2008 09:30 AM in Courtroom 4 − Memphis before Chief Judge Jon Phipps McCalla.(Plaintiff: Deidre Smith, Darin Tuggle) (Defense: Stephen Biler, Webb Brewer)(Court Reporter: Brenda Parker) (jpw, ) (Entered: 01/11/2008)
109 SETTING LETTER: Pretrial Conference reset for 5/27/2008 09:00 AM in Courtroom 4 − Memphis before Chief Judge Jon Phipps McCalla. Jury Trial reset for 6/2/2008 09:30 AM in Courtroom 4 − Memphis before Chief Judge Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 5/20/2008.(jpw) (Entered: 01/11/2008)
110 ORDER FOLLOWING TELEPHONIC HEARING; ORDER CONTINUING AND RESETTING TRIAL AND PRETRIAL DATES; ORDER on 104 Motion to Continue. Signed by Chief Judge Jon Phipps McCalla on 01/11/08. (McCalla, Jon) (Entered: 01/11/2008)
111 SETTING LETTER: Pretrial Conference reset for 5/29/2008 at 8:45 AM in Courtroom 4 − Memphis before Chief Judge Jon Phipps McCalla. (jpw) (Entered: 02/19/2008)
112 NOTICE by Stein World, LLC of Filing of Second Re−Notice of Deposition of Leon Benz (Biller, Stephen) (Entered: 03/05/2008)
113 NOTICE of Appearance by Jeff Weintraub on behalf of Stein World, LLC (Weintraub, Jeff) (Entered: 03/18/2008)
114 STIPULATION To Deposition by Remote Electronic Means by Stein World, LLC. (Weintraub, Jeff) (Entered: 03/18/2008)
115 NOTICE of Appearance by Robbin W. Hutton on behalf of Stein World, LLC (Hutton, Robbin) (Entered: 03/18/2008)
116 MOTION to Withdraw as Attorney (proposed Order submitted) by Stephen Biller. (Biller, Stephen) (Entered: 03/26/2008)
117 ORDER GRANTING 116 Motion to Withdraw as Attorney. Attorney Stephen H. Biller terminated. Signed by Chief Judge Jon Phipps McCalla on 03/26/08. (McCalla, Jon) (Entered: 03/26/2008)
118 MOTION to Take Deposition from Andy Stein Out of Time (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Leave to Take Deposition, # 2 Certificate of Consultation)(Tuggle, Darin) (Entered: 04/04/2008)

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04/07/2008
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119 ORDER OF REFERENCE FOR DETERMINATION: 118 MOTION to Take Deposition from Andy Stein Out of Time filed by Equal Employment Opportunity Commission. Signed by Chief Judge Jon Phipps McCalla on 04/07/08. (McCalla, Jon) (Entered: 04/07/2008)
120 NOTICE of Telephonic Hearing on Motion 118 : Telephonic Hearing set for 4/21/2008 09:30 AM (cst) before Magistrate Judge Tu M. Pham. (wmw, ) (Entered: 04/10/2008)
121 RESPONSE in Opposition re 118 MOTION to Take Deposition from Andy Stein Out of Time (Proposed Order submitted) MOTION to Take Deposition from Andy Stein Out of Time (Proposed Order submitted) filed by Stein World, LLC. (Attachments: # 1 Exhibit)(Weintraub, Jeff) (Entered: 04/18/2008)
122 Minute Entry for proceedings held before Magistrate Judge Tu M. Pham: Telephonic Motion Hearing held on 4/21/2008 re 118 . All parties present and heard. Motion Granted. Order to be entered. (Court Reporter FTR.) (wmw, ) (Entered: 04/21/2008)
123 ORDER Granting 118 Plaintiff's Motion for Leave to Depose Andy Stein Out of Time. Signed by Magistrate Judge Tu M. Pham on 4/21/08. (Pham, Tu) (Entered: 04/21/2008)
124 NOTICE OF CANCELLATION. The Pretrial Conference set on 5/29/2008 at 8:45 AM has been cancelled. (Joseph Warren, Case Manager) (jpw) (Entered: 05/21/2008)
125 CONSENT DECREE. Signed by Chief Judge Jon Phipps McCalla on 05/27/08. (McCalla, Jon) (Entered: 05/27/2008)
126 JUDGMENT. Signed by Chief Judge Jon Phipps McCalla on 05/27/08. (McCalla, Jon) (Entered: 05/27/2008)
127 ORDER directing Clerk of the Court to disburse funds. Signed by Judge Jon Phipps McCalla on 11/25/2013. (McCalla, Jon) (Entered: 11/25/2013)