Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,
v.
NORRIS AUTOMOTIVE HOLDINGS, LLC d/b/a/ NORRIS FORD 901 Merritt Blvd, Dundalk, MD 21222:
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

)

COMPLAINT AND JURY

)

TRIAL DEMAND

)

)

)

)

)

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 retaliation to provide appropriate relief to Barbara K. Dabbs and Christina

Humphreys-Kornestra, who were adversely affected by such practices. The Commission

alleges that Ms. Dabbs and Ms. Humphreys-Kornestra were subjected to unwelcome

sexual advances, and other verbal and physical conduct of a sexual nature constituting

sexual harassment by Defendant's Manager David Wiemer. This sexual harassment was

sufficiently severe and pervasive enough to alter the conditions of Ms. Dabbs’ and Ms.

Humphreys-Kornestra’s employment and to create a sexually abusive hostile working

environment. The Commission further alleges that Ms. Dabbs and Ms. Humphreys-

Kornestra were discharged on the basis of their sex, female, and in retaliation for

complaining and otherwise opposing the sexual harassment.

Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 2 of 6
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 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. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A. 2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the District of Maryland.
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 Section 706(f)(1) of Title VII, 42 U.S.C., Section 2000e-5(f)(1). 4. At all relevant times, Defendant, Norris Automotive Holdings, LLC d/b/a/ Norris Ford (the "Employer"), has continuously been a corporation doing business in the State of Maryland and the City of Dundalk, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g) and (h).
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Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 3 of 6
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Barbara K. Dabbs and Christina Humphreys-Kornestra, filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least August 2003, Defendant Employer has engaged in unlawful employment practices at its Dundalk, Maryland facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a)(1). The practices include subjecting Barbara K. Dabbs and Christina Humphreys-Kornestra to a sexually hostile working environment, including voyeuristic, lewd and sexually suggestive advances, comments and actions by Defendant's Manager, David Wiemer, and discharging them on or about August 19, 2004, on the basis of their sex, female.
8. On or about August 19, 2004, Defendant Employer engaged in unlawful employment practices at its Dundalk, Maryland facility, in violation of Section 704(a) of Title VII, 42 U.S.C. §§2000e-3(a). The practices include Defendant Employer’s discharge of Barbara K. Dabbs and Christina Humphreys-Kornestra for complaining and otherwise opposing the sexual harassment.
9. The effect of the practices complained of in paragraph numbers 7 and 8, above has been to deprive Barbara K. Dabbs and Christina Humphreys-Kornestra of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female, and for opposing practices made unlawful under Title VII.
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Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 4 of 6
10. The unlawful employment practices complained of above were intentional.
11. The unlawful employment practices complained of above were done with malice and/or reckless indifference to the federally protected rights of Barbara K. Dabbs and Christina Humphreys-Kornestra.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its owners, officers, agents, employees, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex.
B. Grant a permanent injunction enjoining Defendant Employer, its owners, officers, agents, employees, successors, assigns, and all persons in active concert or participation with it, from engaging in reprisal or retaliation against any person because such person opposed any practice made unlawful under Title VII or participated in any manner in an investigation, civil action, or other proceeding under Title VII.
C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole Barbara K. Dabbs and Christina Humphreys-Kornestra by providing appropriate back pay with prejudgment interest, in
4

Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 5 of 6
amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. E. Order Defendant Employer to make whole Barbara K. Dabbs and Christina Humphreys-Kornestra, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial. F. Order Defendant Employer to make whole Barbara K. Dabbs and Christina Humphreys-Kornestra, by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, shock, anxiety, humiliation and loss of enjoyment of life in amounts to be determined at trial. G. Order Defendant Employer to pay Barbara K. Dabbs and Christina HumphreysKornestra punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial. H. Grant such further relief as the Court deems necessary and proper. I. 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.
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Case 1:06-cv-01671-AMD Document 1-1 Filed 06/29/2006 Page 6 of 6
Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel ______/s/______________________ JACQUELINE H. MCNAIR Regional Attorney
_____/s/_______________________ DEBRA M. LAWRENCE Bar No. 04312 Supervisory Trial Attorney
_____/s/_______________________ CECILE C. QUINLAN Bar No. 06072 Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office 10 S. Howard Street, 3rd Flr. Baltimore, MD 21201 (410) 962-4239
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

*

Equal Employment Opportunity

*

Commission,

*

Plaintiff,

*

*

v.

* Case No: 1:06 cv 1671 AMD

*

Norris Automotive Holdings, LLC

*

d/b/a Norris Ford

*

Defendant

*

*

* * * * * * * * * * * *

COMPLAINT UPON INTERVENTION Barbara Kate Dabbs, who has moved to intervene in this action instituted by the Equal Employment Opportunity Commission (EEOC), through her undersigned counsel, files this Complaint Upon Intervention, and in support states:

Nature of the Action 1. This is an action brought by the EEOC 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 constituting sex discrimination and retaliation, and to provide appropriate relief to Ms. Dabbs and her co-worker, Ms. Christina Humphries-Korenstra who were adversely affected by such practices. Ms. Dabbs and Ms. Humphries-Korenstra were subjected to unwelcome sexual advances and other verbal and physical contact of a sexual nature constituting sexual harassment by Defendant’s manager David Wiemer. This sexual harassment was sufficiently severe and pervasive enough to alter the

conditions of their employment and created a sexually abusive and hostile workplace. Ms Dabbs and Ms. Humphries-Korenstra were discharged on the basis of their sex, female, and in retaliation for their complaining and otherwise opposing the sexual harassment.
Jurisdiction and Venue 2. Jurisdiction is invoked pursuant to 28 U.S.C §§ 451, 1331, 1337, 1343 and 1345. The Action is authorized and was instituted by EEOC pursuant to 42 U.S.C. §§ 2000e-5(f)(1) and (3) (“Title VII”) and 42 U.S.C. § 1981A. 3. The unlawful employment practices alleged herein were committed within the jurisdiction of the U.S. District Court for the District of Maryland. 4. Intervention by Ms. Dabbs is authorized and instituted pursuant to 42 U.S.C. §§ 2000e-5(f)(1) and (3) and 42 U.S.C. § 1981A and Rule 24(a) of the Federal Rules of Civil Procedure.
Parties 5. Intervening Plaintiff Barbara Kate Dabbs is a person aggrieved by the Defendant’s unlawful employment practices. 6. At all relevant times, Defendant Norris Automotive Holdings, LLC d/b/a Norris Ford (Norris Ford), has continuously been a corporation doing business in the State of Maryland, and has had continuously at least fifteen employees. 7. At all relevant times, Defendant Norris Ford has continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. 2000e(b), (g), and (h).

Statement of Claims 8. More than 30 days prior to the institution of this lawsuit, Ms. Dabbs filed charges with the EEOC alleging violations of Title VII by Defendant Norris Ford. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least August 2003, Defendant Norris Ford has engaged in unlawful employment practices at its Dundalk, Maryland facility in violation of 42 U.S.C § 2000e2(a)(1). The practices include subjecting Ms. Dabbs to a sexually hostile working environment, including voyeuristic, lewd, and sexually suggestive advances, comments, and actions by Defendant’s manager David Wiemer, and discharging her on or about August 19, 2004 on the basis of her sex, female. 10. On or about August 19, 2004, Defendant Norris Ford engaged in unlawful employment practices at its Dundalk, Maryland facility in violation of 42 U.S.C § 2000e3(a). The practices include Defendant Norris Ford’s discharge of Ms. Dabbs for complaining and otherwise opposing the sexual harassment. 11. The effect of the practices complained of in paragraphs 9 and 10 above has been to deprive Ms. Dabbs of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female, and for opposing practices made unlawful under Title VII. 12. The unlawful employment practices complained of above were intentional. 13. The unlawful employment practices complained of above were done with malice and/or reckless indifference to Ms. Dabbs’ federally protected rights.

Prayer for Relief WHEREFORE, Intervening Plaintiff Barbara Kate Dabbs respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Norris Ford, its owners, officers, agents employees, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. b. Grant a permanent injunction enjoining Defendant Norris Ford, its owners, officers, agents employees, successors, assigns, and all persons in active concert or participation with it, from engaging in reprisal or retaliation against any person because such person opposed any practice made unlawful under Title VII or participated in any manner in an investigation, civil action, or other proceeding under Title VII. c. Order Defendant Norris Ford to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. d. Order Defendant Norris Ford to make whole Barbara Kate Dabbs by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and any other affirmative relief necessary to eradicated the effects of its unlawful employment practices. e. Order Defendant Norris Ford to make whole Barbara Kate Dabbs by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.

f. Order Defendant Norris Ford to make whole Barbara Kate Dabbs by providing
compensation for past and future non-pecuniary losses resulting from the unlawful
employment practices described above, including emotional pain and suffering, shock,
anxiety, humiliation, and loss of enjoyment of life in amounts to be determined at trial.
g. Order Defendant Norris Ford to pay Barbara Kate Dabbs punitive damages for
its malicious and/or reckless conduct in an amount to be determined at trial.
h. Award Barbara Kate Dabbs her costs in this action.
i. Award Counsel for Barbara Kate Dabbs reasonable attorney fees, and
j. Grant such further relief as the Court deems just and proper.
Jury Trial
Intervening Plaintiff Barbara Kate Dabbs requests a Jury Trial on all questions of
fact raised by her complaint.
Respectfully Submitted,
__/s/___________________ Terry J. Harris (Bar Number: 26726) Law Offices of Terry J. Harris 301 N. Charles Street, Suite 902 Baltimore, MD 21201 410-576-0800 410-547-6655 – fax tjharris@abs.net
__/s/___________________ Paul N. DeSantis (Bar Number: 27438) 401 Washington Ave, Suite 803 Towson MD 21204 410-296-8166 x 113 paul_desantis@hotmail.com

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

*

Equal Employment Opportunity

*

Commission,

*

Plaintiff,

*

*

v.

* Case No: 1:06 cv 1671 AMD

*

Norris Automotive Holdings, LLC

*

d/b/a Norris Ford

*

Defendant

*

*

************

COMPLAINT UPON INTERVENTION Christina Korenstra, who has moved to intervene in this action instituted by the Equal Employment Opportunity Commission (EEOC), through her undersigned counsel, files this Complaint Upon Intervention, and in support states:

Nature of the Action 1. This is an action brought by the EEOC 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 constituting sex discrimination and retaliation, and to provide appropriate relief to Ms. Christina Korenstra and her co-worker, Ms. Dabbs, both of whom were adversely affected by such practices. Ms. Dabbs and Ms. Korenstra were subjected to unwelcome sexual advances and other verbal and physical contact of a sexual nature constituting sexual harassment by Defendant’s manager David Wiemer. This sexual harassment was sufficiently severe and pervasive enough to alter the conditions of their employment and

created a sexually abusive and hostile workplace. Ms Dabbs and Ms. Korenstra were discharged on the basis of their sex, female, and in retaliation for their complaining and otherwise opposing the sexual harassment.
Jurisdiction and Venue 2. Jurisdiction is invoked pursuant to 28 U.S.C §§ 451, 1331, 1337, 1343 and 1345. The Action is authorized and was instituted by EEOC pursuant to 42 U.S.C. §§ 2000e-5(f)(1) and (3) (“Title VII”) and 42 U.S.C. § 1981A. 3. The unlawful employment practices alleged herein were committed within the jurisdiction of the U.S. District Court for the District of Maryland. 4. Intervention by Ms. Korsentra is authorized and instituted pursuant to 42 U.S.C. §§ 2000e-5(f)(1) and (3) and 42 U.S.C. § 1981A and Rule 24(a) of the Federal Rules of Civil Procedure.
Parties 5. Intervening Plaintiff Christina Korenstra is a person aggrieved by the Defendant’s unlawful employment practices. 6. At all relevant times, Defendant Norris Automotive Holdings, LLC d/b/a Norris Ford (Norris Ford), has continuously been a corporation doing business in the State of Maryland, and has had continuously at least fifteen employees. 7. At all relevant times, Defendant Norris Ford has continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. 2000e(b), (g), and (h).

Statement of Claims 8. More than 30 days prior to the institution of this lawsuit, Ms. Korenstra filed charges with the EEOC alleging violations of Title VII by Defendant Norris Ford. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least August 2003, Defendant Norris Ford has engaged in unlawful employment practices at its Dundalk, Maryland facility in violation of 42 U.S.C § 2000e2(a)(1). The practices include subjecting Ms. Korenstra to a sexually hostile working environment, including voyeuristic, lewd, and sexually suggestive advances, comments, and actions by Defendant’s manager David Wiemer, and discharging her on or about August 19, 2004 on the basis of her sex, female. 10. On or about August 19, 2004, Defendant Norris Ford engaged in unlawful employment practices at its Dundalk, Maryland facility in violation of 42 U.S.C § 2000e3(a). The practices include Defendant Norris Ford’s discharge of Ms. Korenstra for complaining and otherwise opposing the sexual harassment. 11. The effect of the practices complained of in paragraphs 9 and 10 above has been to deprive Ms. Korenstra of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female, and for opposing practices made unlawful under Title VII. 12. The unlawful employment practices complained of above were intentional. 13. The unlawful employment practices complained of above were done with malice and/or reckless indifference to Ms. Korenstra's federally protected rights.

Prayer for Relief WHEREFORE, Intervening Plaintiff Christina Korenstra respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Norris Ford, its owners, officers, agents employees, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. b. Grant a permanent injunction enjoining Defendant Norris Ford, its owners, officers, agents employees, successors, assigns, and all persons in active concert or participation with it, from engaging in reprisal or retaliation against any person because such person opposed any practice made unlawful under Title VII or participated in any manner in an investigation, civil action, or other proceeding under Title VII. c. Order Defendant Norris Ford to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. d. Order Defendant Norris Ford to make whole Christina Korenstra by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and any other affirmative relief necessary to eradicated the effects of its unlawful employment practices. e. Order Defendant Norris Ford to make whole Christina Korenstra by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial. f. Order Defendant Norris Ford to make whole Christina Korenstra by providing

compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, shock, anxiety, humiliation, and loss of enjoyment of life in amounts to be determined at trial.
g. Order Defendant Norris Ford to pay Christina Korenstra punitive damages for its malicious and/or reckless conduct in an amount to be determined at trial.
h. Award Christina Korenstra her costs in this action. i. Award Counsel for Christina Korenstra reasonable attorney fees, and j. Grant such further relief as the Court deems just and proper.
Jury Trial Intervening Plaintiff Christina Korenstra requests a Jury Trial on all questions of fact raised by her complaint.
Respectfully Submitted,
_____________/s/_______________ Irwin E. Weiss (Bar Number: 00174) 920 Providence Road, Suite 302 Baltimore, MD 21286 410-821-0001 410-821-7117 – fax irwin@irwinweiss.com

CERTIFICATE OF SERVICE

I, HEREBY CERTIFY, that on this 21st day of December, 2004, a copy of the aforegoing Complaint Upon Intervention was mailed, first class, postage prepaid to:

Kevin Karpinski, Esq. 120 E. Baltimore Street Suite 1850 Baltimore, MD 21202

Cecile Quinlan, Esq. EEOC 10 S. Howard Street 3rd Floor Baltimore, MD 21201

Terry J. Harris, Esq. 301 N. Charles Street, Suite 902 Baltimore, MD 21201

Paul N. DeSantis, Esq. 401 Washington Avenue Suite 803 Towson, MD 21204

Respectfully Submitted,

_____________/s/_______________ Irwin E. Weiss (Bar Number: 00174)
920 Providence Road, Suite 302 Baltimore, MD 21286 410-821-0001 410-821-7117 – fax irwin@irwinweiss.com

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,
v.
NORRIS AUTOMOTIVE HOLDINGS, LLC d/b/a/ NORRIS FORD
Defendant.

) ) ) ) ) CIVIL ACTION NO. 06-cv-1671 AMD ) ) ) ) ) ) )

CONSENT DECREE

This action was instituted by Plaintiff, Equal Employment Opportunity Commission

("EEOC" or the "Commission"), against Defendant, Norris Automotive Holdings LLC d/b/a/

Norris Ford ( Defendant”), on June 29, 2006. The complaint alleges that Defendant subjected

Charging Parties Barbara Dabbs and Christina Humphreys-Korenstra to sexual harassment and

unlawful discharge on the basis of sex, female, and retaliation in violation of Sections 703 (a)(1)

and 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a)(1)

and 2000e-3(a).

The Commission and Defendant desire to resolve this action without the time and

expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree

which will promote and effectuate the purposes of Title VII.

For the purposes of resolving this action, Defendant admits that the Court has jurisdiction

over this action and that all statutory and jurisdictional prerequisites to suit have been satisfied.

This Decree, being entered with the consent of the Commission and Defendant, shall not

constitute an adjudication or finding on the merits of this case and shall not be construed as an admission of liability by Defendant or as a waiver by the Commission of any contentions of discrimination.
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure, Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the Charges of Discrimination Nos. 120-2005-02657 and 120-2005-03222 filed by Barbara Dabbs and Christina HumphreysKorenstra.
2. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any employment practice which discriminates on the basis of sex and retaliation in violation of Title VII, particularly with regard to sexual harassment and discharge.
3. Within five (5) business days of the entry of this Decree, Defendant will pay monetary damages in the total amount of one hundred thousand dollars ($100,000) in full settlement of the Commission’s and Intervenors’ case in accordance with the following provisions:
a) Defendant will pay to Barbara Dabbs compensatory damages in the amount of fifty thousand dollars ($50,000). Defendant shall take no withholding from the compensatory monetary amount listed above and will issue a Form 1099 reflecting this payment.

b) Defendant will pay to Christina Humphreys-Korenstra compensatory damages in the amount of fifty thousand dollars ($50,000). Defendant shall take no withholding from the compensatory monetary amount listed above and will issue a Form 1099 reflecting this payment.
4. Within five (5) days of the Court’s approval of this Consent Decree, Defendant s will post in all places where notices to employees are customarily posted at its facilities, the Notice attached hereto as Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted and maintained for a period of at least three (3) years from the date of posting and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies of the Notice are posted in the same manner as heretofore specified. Within thirty (30) days of such posting, Defendant shall forward to the attorney of record at the Baltimore Office a copy of the signed Notice attached hereto as Exhibit "A" and written certification that the Notice referenced herein has been posted and a statement of the location(s) and date of posting.
5. Defendant agrees that within thirty (30) days of the entry of this Decree, it shall provide mandatory training of no less than two (2) hours duration to all its managerial and supervisory employees regarding federal EEO laws prohibiting discrimination in employment enforced by the Commission, particularly those concerning sex discrimination and retaliation. The trainer's credentials and an outline of program materials shall be forwarded to the EEOC's attorney of record ten (10) days prior to such training being conducted and a representative of the Commission shall be invited to attend such training. Within fifteen (15) days of the completion of this training, Defendant shall forward to the attorney of record at the Baltimore Office written
3

certification that the training has been completed together with a list of employees and managerial staff who have been trained, and the dates of the training. Defendant also agrees to provide to each newly-hired managerial employee, an orientation to its equal employment opportunity policies within a reasonable time of hire.
6. Defendant agrees to immediately remove and eliminate from Barbara Dabbs’ and Christina Humphreys-Kornestra‘s personnel and employment records, all documents and entries relating to the facts and circumstances related to the filing of their charges of discrimination with the Commission. Defendant further agrees to prohibit any dissemination, directly or indirectly, to any other employer or potential employer of any facts or circumstances surrounding the charges of discrimination that are fully resolved by this action, or the proceedings ensuing thereafter. Reference requests regarding Barbara Dabbs and Christina Humphreys-Kornestra shall be answered by Defendant in neutral terms limited to position, rate of pay, and dates of employment.
7. The Commission reserves the right to monitor compliance with the provisions of this Decree. As part of such review, the EEOC, upon notice to Defendant, may require written reports concerning compliance, inspect Defendants’ premises, interview witnesses, and examine and copy documents at reasonable times to be mutually agreed to by the parties
8. If any party to this Decree believes that any other party has breached a material provision of this Decree, it shall so notify the party (s), in writing, of the alleged breach. Upon receipt of written notice, a party(s) shall have fifteen (15) days to either correct the alleged breach, and so inform the other party(s), or deny the alleged breach, in writing: a) If the parties remain in dispute they shall attempt in good faith to resolve their dispute; b) If the parties can
4

not in good faith resolve their dispute, the party alleging a breach may file with the Court a

motion to correct and remedy the breach; c) Each party shall bear its own costs, expenses and

attorney’s fees incurred in connection with such action; and d) Jurisdiction and venue to resolve

any dispute arising under this Decree resides in the United States District Court for the District of

Maryland.

9. This Decree shall remain in full force and effect for a period of three (3) years from

the date of approval and entry of this Decree by the Court.

10. The Court shall retain jurisdiction of this action to ensure compliance with this

Decree. In all other respects, upon approval and entry by the Court of this Decree, the

Commission’s action against Defendant is dismissed with prejudice and the Clerk of the Court is

directed to remove this action from the Court's calendar.

11.

The Commission and Defendant shall bear their own costs, expenses and

attorneys' fees incurred in connection with this action.

12.

The undersigned counsel of record, on behalf of their respective clients,

hereby consent to the entry of the foregoing Consent Decree.

13.

THE CLERK SHALL CLOSE THIS CASE.

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FOR DEFENDANT:

FOR PLAINTIFF:

NORRIS AUTOMOTIVE HOLDINGS, LLC d/b/a/ NORRIS FORD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

________/s/_____________________ KEVIN KARPINSKI, ESQ. Karpinski, Colaresi & Karp, P.A. 120 East Baltimore Street Suite 1850 Baltimore, MD 21202-1605 (410) 727-0861

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

FOR INTERVENORS: BARBARA DABBS

________/s/______________________ JACQUELINE H. MCNAIR Regional Attorney EEOC-Philadelphia District Office (including Baltimore Field Office)

_______/s/______________________ TERRY J. HARRIS, ESQ. Law Offices of Terry J. Harris 301 N. Charles St, Ste 902 Baltimore, MD 21201 (410) 576-0800
CHRISTINA HUMPHREYS-KORENSTRA
______/s/_______________________ IRWIN E. WEISS, ESQ. Attorney at Law 920 Providence Road, Suite 302 Baltimore, MD 21286 (410)821-0001

___________/s/___________________ DEBRA M. LAWRENCE Supervisory Trial Attorney EEOC-Baltimore Field Office
____________/s/___________________ CECILE C. QUINLAN Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EEOC-Baltimore Field Office 10 S. Howard Street, 3rd Fl. Baltimore Maryland 21201 (410) 209-2728

SO ORDERED.

Signed and entered this 24th day of September, 2007.

__/s/Andre M. Davis UNITED STATES DISTRICT COURT JUDGE
6

 
 District of Maryland (CM/ECF Live 3.1.2)

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?385237147452103-L_1...

CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-01671-AMD

EEOC v. Norris Automotive Holdings, LLC Assigned to: Judge Andre M Davis Cause: 42:2000 Job Discrimination (Sex) Plaintiff EEOC
V. Intervenor Plaintiff Christina Korenstra

Date Filed: 06/29/2006 Date Terminated: 09/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Cecile Celeste Quinlan Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109624270 Email: cecile.quinlan@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED
represented by Irwin E Weiss Irwin E Weiss Attorney At Law 920 Providence Rd Ste 302 Baltimore, MD 21286 14108210001 Fax: 14108217117

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District of Maryland (CM/ECF Live 3.1.2)
Intervenor Plaintiff Barbara Dabbs

V.
Defendant
Norris Automotive Holdings, LLC doing business as Norris Ford

Date Filed

# Docket Text

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?385237147452103-L_1...
Email: irwin@irwinweiss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ilona M McClintick Law Office of Ilona McClintick 2822 Overland Ave Baltimore, MD 21214 14108521217 Fax: 14104445528 Email: merlinct@verizon.net ATTORNEY TO BE NOTICED
represented by Terry J Harris Law Offices of Terry J Harris 10 N Calvert St Ste 542 Baltimore, MD 21202 14105760800 Fax: 14105476655 Email: tjharris@abs.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul N DeSantis G Macy Nelson 401 Washington Ave Ste 803 Towson, MD 21204 14102968166 Fax: 14108250670 Email: pauldesantis@gmacynelson.com ATTORNEY TO BE NOTICED
represented by Kevin Bock Karpinski Karpinski Colaresi and Karp PA 120 E Baltimore St Ste 1850 Baltimore, MD 21202 14107275000 Fax: 14107270861 Email: bkcklaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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District of Maryland (CM/ECF Live 3.1.2)

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?385237147452103-L_1...

06/29/2006 06/29/2006 06/29/2006
08/30/2006 10/03/2006 10/16/2006
10/23/2006
10/23/2006
11/03/2006 11/03/2006
11/20/2006 12/01/2006 12/01/2006
12/20/2006 12/20/2006 12/21/2006 12/22/2006

1 COMPLAINT against Norris Automotive Holdings, LLC , filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 06/30/2006)
Jury Trial Demand by EEOC. (raf, Deputy Clerk) (Entered: 06/30/2006)
2 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS by EEOC as to Norris Automotive Holdings, LLC (Attachments: # 1 Waiver of Service of Summons)(raf, Deputy Clerk) (Entered: 06/30/2006)
3 REQUEST FOR WAIVER of Service sent to - Amended - Andrew Franklin Agent Norris Ford on 8/21/06 by EEOC. (Quinlan, Cecile) (Entered: 08/30/2006)
4 WAIVER OF SERVICE Returned Executed by Norris Automotive Holdings, LLC. (Quinlan, Cecile) (Entered: 10/03/2006)
5 MOTION to Intervene by Barbara K. Dabbs. Responses due by 11/2/2006 (Attachments: # 1 Complaint Upon Intervention)(Harris, Terry) (Entered: 10/16/2006)
6 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint Defendant's Answer to be due November 20, 2006 by Norris Automotive Holdings, LLC.Responses due by 11/9/2006 (Karpinski, Kevin) (Entered: 10/23/2006)
7 PAPERLESS ORDER granting 6 Motion for Extension of Time Defendant's Answer to be filed on or before November 20, 2006. (Judge Davis) (Entered: 10/23/2006)
8 MOTION to Intervene by Christina Humphreys-Kornestra. Responses due by 11/20/2006 (Weiss, Irwin) (Entered: 11/03/2006)
9 (FILED IN ERROR, HAS NOT BEEN APPROVED AT THIS TIME) Intervenor COMPLAINT, filed by Christina Humphreys-Kornestra.(Weiss, Irwin) Modified on 11/6/2006 (slf, Deputy Clerk). (Entered: 11/03/2006)
10 ANSWER to Complaint by Norris Automotive Holdings, LLC.(Karpinski, Kevin) (Entered: 11/20/2006)
11 PAPERLESS ORDER granting 5 Motion to Intervene UNOPPOSED; granting 8 Motion to Intervene UNOPPOSED (Judge Davis) (Entered: 12/01/2006)
12 SCHEDULING ORDER:Amended Pleadings due by 1/27/2006.,Discovery due by 7/27/2007.,Motions due by 8/31/2007.,Status Report due by 7/27/2007. (Judge Davis) (Entered: 12/01/2006)
13 ANSWER to Intervenor Complaint of Barbara K. Dabbs by Norris Automotive Holdings Modified on 12/21/2006 (slf, Deputy Clerk). (Entered: 12/20/2006)
14 ANSWER to Intervenor Complaint of Christina Korenstra by Norris Automotive Holdings) Modified on 12/21/2006 (slf, Deputy Clerk). (Entered: 12/20/2006)
15 Intervenor COMPLAINT, filed by Christina Korenstra.(Weiss, Irwin) (Entered: 12/21/2006)
16 Intervenor COMPLAINT against Norris Automotive Holdings, LLC, filed by Barbara Dabbs.(Harris, Terry) (Entered: 12/22/2006)

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District of Maryland (CM/ECF Live 3.1.2)

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02/09/2007 02/12/2007 02/16/2007 03/19/2007 03/19/2007 03/20/2007
03/22/2007 05/04/2007 05/06/2007 06/13/2007 06/13/2007 06/19/2007 07/26/2007
07/26/2007
08/03/2007 08/06/2007

17 Consent to Magistrate Judge (Karpinski, Kevin) (Entered: 02/09/2007)
18 ORDER REFERRING CASE to Magistrate Judge James K. Bredar for settlement conference. Signed by Judge Andre M Davis on 2/12/2007. (fk, Deputy Clerk) (Entered: 02/12/2007)
19 LETTER ORDER scheduling a settlement conference. Signed by Judge James K. Bredar on 2/16/07. (slf, Deputy Clerk) (Entered: 02/16/2007)
20 Correspondence re: requesting the rescheduling of the settlement conference (Karpinski, Kevin) (Entered: 03/19/2007)
21 Amended Correspondence re: rescheduling settlement conference (directed to U.S. Magistrate Judge James K. Bredar) (Karpinski, Kevin) (Entered: 03/19/2007)
22 LETTER ORDER Granting defense counsel a continuance of the settlement conference date. The settlement conference is rescheduled for July 2, 2007 at 10:00 a.m. re 21 Miscellaneous Correspondence. Signed by Judge James K. Bredar on 3/20/07. (slf, Deputy Clerk) (Entered: 03/20/2007)
23 LETTER ORDER rescheduling the settlement conference. Signed by Judge James K. Bredar on 3/21/07. (slf, Deputy Clerk) (Entered: 03/22/2007)
24 Consent REQUEST for Extension of Time to File discovery responses and dispositive motions (Karpinski, Kevin) (Entered: 05/04/2007)
25 PAPERLESS ORDER re 24 Request for Extension of Time to File filed by Norris Automotive Holdings, LLC APPROVING REQUEST TO MODIFY SCHEDULING ORDER (Judge Davis) (Entered: 05/06/2007)
Settlement Conference held on 6/13/2007 held before Judge James K. Bredar. (slf, Deputy Clerk) (Entered: 06/13/2007)
Judge James K. Bredar no longer assigned to case. (slf, Deputy Clerk) (Entered: 06/13/2007)
27 NOTICE of Appearance by Ilona M McClintick on behalf of Christina Korenstra (McClintick, Ilona) (Entered: 06/19/2007)
28 (FILED IN ERROR) MOTION for Judgment (Offer of Judgment - Dabbs) by Norris Automotive Holdings, LLC. Responses due by 8/13/2007 (Attachments: # 1 Exhibit 1)(Karpinski, Kevin) Modified on 7/27/2007 (slf, Deputy Clerk). (Entered: 07/26/2007)
29 (FILED IN ERROR) MOTION for Judgment (Offer of Judgment - Korenstra) by Norris Automotive Holdings, LLC. Responses due by 8/13/2007 (Attachments: # 1 Exhibit 1)(Karpinski, Kevin) Modified on 7/27/2007 (slf, Deputy Clerk). (Entered: 07/26/2007)
30 NOTICE of Acceptance with Offer of Judgment by Christina Korenstra (Weiss, Irwin) (Entered: 08/03/2007)
31 NOTICE of Acceptance with Offer of Judgment by Barbara Dabbs (Attachments: # 1)(Harris, Terry) (Entered: 08/06/2007)

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District of Maryland (CM/ECF Live 3.1.2)

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09/21/2007 09/24/2007

32 SETTLEMENT AGREEMENT /CONSENT DECREE FOR ENTRY by EEOC. (Attachments: # 1 Exhibit Notice/Posting)(Quinlan, Cecile) (Entered: 09/21/2007)
33 CONSENT DECREE ORDER; The Clerk shall CLOSE this Case. Signed by Judge Andre M Davis on 9/24/07. (slf, Deputy Clerk) (Entered: 09/24/2007)

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03/19/2008 14:22:15

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