Case 5:98-cv-01637-DEW-RSP Document 6 Filed 03/10/1999 Page 1 of 4

U. S. DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
FILED

MAR 1 0 1999 WUENSITTEEDRNSTDAISTTERSIDCITSTORFILCOTUCISOIUARNATBYR_O~Bc.E.R;o~,l,,l,.,-C_LE~R~K_

SHREVEPORT DIVISION

DEPUTY

~

U.S. EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

Plaintiff

§

§

v.

§

§

GENERAL MOTORS CORPORATION §

Derendant

§

CIVIL ACTION NO. CV98-1637 S JUDGE WALTER MAG. JUDGE PAYNE

COMPLAINT IN INTERVENTION
NOW INTO COURT, through undersigned counsel, comes LINDA F. LOGAN, intervening in the above numbered and entitled action pursuant to Rule 24(a) of the Federal Rules of Civil Procedure (hereinafter referred to as "Logan" or "Intervenor") and with respect represents that:
1. Nature of Action 1. This is an action by Intervenor Linda F. Logan against Defendant General Motors Corporation for relief from its unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 US.c.A. §§2000e, et seq., and Title I of the Civil Rights Act
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Case 5:98-cv-01637-DEW-RSP Document 6 Filed 03/10/1999 Page 2 of 4
of 1991, 14 US.c.A. §§ 1981a, et seq. Intervenor is a black female. Intervenor was employed by Defendant General Motors Corporation from March 16, 1981, until approximately August 22, 1996, when she was forced to terminate her employment as a result of discrimination against Intervenor on the basis of sex and sexual harassment.
II. Jurisdiction 2. This Court has original jurisdiction of the claims asserted in this Tntervention under the provisions of28 US.c.A. §1331, since Intervenor's claims arise under Title VII of the Civil Rights Act of 1964, as amended, 42 US.c.A. §§2000e, et seq., and Title I of the Civil Rights Act of 1991, 14 US.c.A. §§1981a, et seq.
III. Venue 3. Venue of this intervention is proper in this Court under 28 US.c.A. §1391(b). Defendant General Motors Corporation is a foreign corporation which is authorized to do and is doing business in the City of Shreveport, Caddo Parish, Louisiana, and within the Western District of Louisiana, Shreveport Division. Intervenor is now and was at all times relevant and material to this action a resident of the City of Shreveport. Intervenor was at all times relevant and material to this action employed by Defendant General Motors Corporation at its plant in Shreveport, Louisiana. The events or omissions, or a substantial part of the events or omissions, giving rise to Intervenor's
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Case 5:98-cv-01637-DEW-RSP Document 6 Filed 03/10/1999 Page 3 of 4
claims against Defendant General Motors Corporation occurred in the Western District of Louisiana and the Shreveport Division thereof.
IV.
Facts 4. Intervenor hereby incorporates by reference all of the allegations contained in the Complaint and Jury Demand filed by the U.S. Equal Employment Opportunity Commission in the above numbered and entitled action. S. Intervenor has engaged counsel in connection with the aforesaid unlawful employment practices of Defendant General Motors Corporation and this action and Intervenor should be allowed a reasonable attorney's fee as a part of the costs of this action.
WHEREFORE, Intervenor Linda F. Logan prays that this Complaint in Intervention be allowed and filed in the above numbered and entitled action, that Plaintiff U.S. Equal Employment Opportunity Commission and Defendant General Motors Corporation each be duly served with a copy of this Complaint in Intervention in accordance with law and that after due proceedings had, judgment be rendered in favor of Intervenor Linda F. Logan and against Defendant General Motors Corporation for all of the relief to which Intervenor may be entitled, including all costs, attorney's fees and expert fees.
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Case 5:98-cv-01637-DEW-RSP Document 6 Filed 03/10/1999 Page 4 of 4 Intervenor Linda F. Logan further prays for all orders and decrees necessary or proper
in the premises and for full general and equitable relief. Respectfully submitted, HARGROVE, PESNELL & WYATT
_1Z_~_~__rzU_ By -6-illR----'.y4----:!-l_l. eS Bar Roll No. 10533 Post Office Box 59 Shreveport, Louisiana 71161-0059 phone (318) 429-7200 fax (318) 429-7201
Attorneys for Linda F. Logan
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 ~.~~# Case 5:98-cv-01637-DEW-RSP CE\VEO

Document 25
.

Filed 12/13/1999 Page 1 of 7
U. S. DISTRICT COURT WESHRN DISTRICT OF LOUISIANA

R E.

UNITED STATES DISTRICT COURT

FILED

UE.C 0 9 '999 WESTERN DISTRICT OF LOUISIANA

DEC 1 3 1999

SHREVEPORT DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
GENERAL MOTORS CORPORATION Defendant

§ CIVIL ACTION NO. § 98-1637 § DIVISION "S" § JUDGE WALTER § § § MAG. NO. § MAG. PAYNE §

CONSENT DECREE WHEREAS, the United States Equal Employment Opportunity Commission (lithe Commission") has instituted the captioned civil action in this the United States District Court for the Western District of Louisiana, charging General Motors Corporation ("GM" or "Defendant"), with violations of Title VII of the Civil Rights Act of 1964, as amended ("Title Villi), and alleging that Defendant discriminated against Linda Logan ("Ms. Logan") and others similarly situated because of their sex (female); and WHEREAS, Defendant has not admitted and does not admit that it has engaged in any unlawful employment practices; and WHEREAS, this Court has jurisdiction over the subject matter of this action and over the parties to this action; and

Case 5:98-cv-01637-DEW-RSP Document 25 Filed 12/13/1999 Page 2 of 7
WHEREAS, Defendant and the Commission have agreed to settle this matter for the relief specified in this Consent Decree (sometimes referred to hereinafter as "this Decree"); and
WHEREAS, the parties to this lawsuit now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation;
Therefore, it is ORDERED, ADJUDGED, AND DECREED that: 1. The negotiation, execution and entry of this Consent Decree will resolve any and all claims of Title VII violations brought by the Commission against Defendant alleged in the instant civil action. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement. 3. Neither the negotiation, nor the execution, nor the entry of this Consent Decree shall constitute (a) an acknowledgment or admission of any kind by Defendant that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order, or (b) evidence of discrimination in these proceedings.
- Page 2 0/7Consent Decree: EEOC v. General Motors Corporation
-------------------------T----

Case 5:98-cv-01637-DEW-RSP Document 25 Filed 12/13/1999 Page 3 of 7
4. This Consent ()ecree relates only to the violations alleged in EEOC Charge Number 270-97-0902 and the instant civil action. EEOC reserves all rights to proceed with respect to matters like and related to these matters but not covered in this Consent Decree and to secure relief on behalf of aggrieved persons not covered by the terms of this Consent Decree.
5. a. Within ten (10) days of the entry of this Consent Decree,
Defendant shall tender to Ms. Logan the sum of $100,000.00 (one hundred thousand dollars) as damages. Defendant may condition this tender to Ms. Logan on her executing a settlement agreement releasing her claims arising from the events and/or omissions that are the subject of this lawsuit.
b. Should Ms. Logan refuse the tender made by GM, all terms of this Consent Decree will nevertheless remain in effect. In such event, the Commission will have resolved its claims herein with prejudice and withdrawn from the instant action, leaving Ms. Logan to pursue whatever claims she may have on her own.
6. Defendant, its directors, officers, agents, employees, successors, and assigns shall not engage in or permit discrimination in the workplace against any applicant for employment or employee based upon such persons'
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sex, as complained of in the instant civil action. Defendant further agrees and promises that it shall not retaliate in any way against any person who has participated in any manner in the investigations of this matter by the Commission and by Defendant, respectively.
7. Defendant agrees to provide the Commission with four written reports, at six month intervals beginning six months after the execution of this Decree, setting forth all complaints of harassment at the subject facility in Shreveport, setting forth an explanation of the investigation and disposition of such complaints, and attaching all documentation pertaining to each complaint, its investigation, and its disposition.
8. Defendant agrees that all of its supervisory and managerial employees at the subject facility in Shreveport shall, within one year from the date of the execution of this Decree, undergo training regarding the laws enforced by the EEOC, as outlined in the materials forwarded to the Commission by GM in its letter of August 17, 1999, regarding said subject,
which materials are incorporated herein by reference as if pled in extenso.
9. In the event that Defendant fails to perform its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through the
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Case 5:98-cv-01637-DEW-RSP Document 25 Filed 12/13/1999 Page 5 of 7
applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree.
10. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree.
11 . This Decree sets forth the entire agreement between the Commission and Defendant as to the captioned lawsuit, and fully supersedes any and all prior agreements or understandings between the Commission and Defendant pertaining to the subject matter herein.
12. The Commission and the Defendant will bear their own attorney's fees and costs incurred in connection with the litigation of this case.
13. This Decree shall remain in effect for a period of two years from the date of its execution. The Commission shall have six months from the end of the effective period of this Decree to commence enforcement actions relative to any violation hereof by Defendant.
14. The Court shall retain jurisdiction of this action for purposes of enforcing this Decree, as appropriate.
- Page 5 0/7Consent Decree: EEOC ')I. General Motors Corporation

• Case 5:98-cv-01637-DEW-RSP Document 25 Filed 12/13/1999 Page 6 of 7

IT IS SO ORDERED . .
TH

%~ ~LOUiSiana, 1 this l

day of -'-"~~~ULJ,J...':""':-=-- 1999.

APPROVED AS TO FORM AND CONTENT: FOR THE PLAINTIFF:
C. GREGORY STEWART General Counsel Designate No Bar Roll Number Assigned
d:~y,c/~
Regional Attorney W.O. Bar Roll No. 800072

Ii#t?
Da e

JE
Su rvisory Trial Attorney La. Bar Roll No. 2355

- Page 60/7Consent Decree: EEOC v. General Motors Corporation

Case 5:98-cv-01637-DEW-RSP Document 25 Filed 12/13/1999 Page 7 of 7

FOR THE DEFENDANT:
Da'ie

Senior Trial Attorney La. Bar Roll No. 20890 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue - Suite 600 New Orleans, louisiana 70113 Telephone: (504) 589-2663 (Juge)
COUNSEL FOR PLAINTIFF
ROBERT M. McCALLA McCalla, Thompson, Pyburn,
Hymowitz & Shapiro 650 Poydras Street, Suite 2800 New Orleans, Louisiana 70130 Telephone: (504) 524-2499
COUNSEL FOR DEFENDANT

- Page 70/7Consent Decree: EEOC 11. General Motors Corporation

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?119563629224709-L_9...

U.S. District Court Western District of Louisiana (Shreveport) CIVIL DOCKET FOR CASE #: 5:98-cv-01637-DEW-RSP

CLOSED

E E O C v. General Motors Corp Assigned to: Judge Donald E Walter Referred to: Magistrate Judge Roy S Payne Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission TERMINATED: 09/21/1999
V. Defendant General Motors Corp TERMINATED: 09/21/1999

Date Filed: 08/31/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Gregory T Juge E E O C (Poydras) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-595-2877 Email: gregory.juge@eeoc.gov TERMINATED: 09/21/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffery T Agular E E O C 701 Loyola Ave Ste 600 New Orleans, LA 70113 504-589-6817 TERMINATED: 09/21/1999
Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381 TERMINATED: 09/21/1999
represented by Robert K McCalla Fisher & Phillips (NO) 201 St Charles Ave Ste 3710 New Orleans, LA 70170 504-522-3303 Fax: 504-529-3850

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V. Movant Linda F Logan TERMINATED: 03/10/1999
Intervenor Plaintiff Linda F Logan
V. Intervenor Defendant General Motors Corp

Email: rmccalla@laborlawyers.com TERMINATED: 09/21/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert W Rachal Proskauer Rose (NO) 909 Poydras St Ste 1100 New Orleans, LA 70112 504-310-4088 Fax: 504-310-2022 Email: rrachal@proskauer.com TERMINATED: 09/21/1999
represented by Billy R Pesnell Pesnell Law Firm P O Box 1794 Shreveport, LA 71166-1794 318-226-5577 TERMINATED: 03/10/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Billy R Pesnell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert K McCalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert W Rachal (See above for address) ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

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08/31/1998 08/31/1998 08/31/1998 12/17/1998 02/19/1999 03/05/1999
03/10/1999 03/10/1999 03/30/1999 05/18/1999
07/13/1999 07/16/1999 07/20/1999 08/05/1999 08/05/1999 08/19/1999

FILING FEE waived; Amount of fee $0/USA PLAINTIFF. (Berry, D) (Entered: 09/01/1998)
CASE ASSIGNED to Magistrate Judge Roy S Payne for Discovery (Dean, S) (Entered: 09/03/1998)
1 COMPLAINT filed; jury demand (Dean, S) (Entered: 09/03/1998)
2 ANSWER to Complaint by General Motors Corp (Reeves, T) (Entered: 12/17/1998)
3 WRITTEN REPORT OF MEETING filed by E E O C (McInnis, S) (Entered: 02/19/1999)
4 MOTION by Linda F Logan to intervene with Proposed Order and Complaint in Intervention referred to Magistrate Judge Roy S Payne (Reeves, T) (Entered: 03/09/1999)
5 ORDER granting [4-1] motion to intervene (signed by Magistrate Judge Roy S Payne) NOE by: mwc (McInnis, S) (Entered: 03/10/1999)
6 INTERVENOR'S COMPLAINT by Linda F Logan against General Motors Corp (McInnis, S) (Entered: 03/10/1999)
7 ANSWER by General Motors Corp to [6-1] intervenor complaint (McInnis, S) (Entered: 03/31/1999)
8 SCHEDULING ORDER; Jury Trial set for 9:00 12/13/99; Pretrial Conference for 10:30 11/10/99; Joining of parties, amding of pleadings on 6/28/99; Pltf's expert info/rpts due 8/12/99; Discovery due 9/13/99; Dft's expert info/rpts due 9/13/99; Pretrial order to be submitted on or before 12:00 11/5/99; Deadline for filing of all motions 9/13/99; Expert depositions due 9/27/99; Conference to prepare PT order set for 10/12/99; Motions in limine due 10/26/99; Trial depositions due 12/6/99; Trial inst., interr, etc due 12/6/99; Witness list due 7/13/99; deadlines set before Judge Donald E Walter. (signed by Judge Donald E Walter) NOE by: sjd (Dean, S) (Entered: 05/19/1999)
9 PRELIMINARY WITNESS LIST by Linda F Logan (McInnis, S) (Entered: 07/14/1999)
10 NOTICE by General Motors Corp of deposition by video of Linda Logan on 8/23/99 and 8/24/99 at 9:00am in Shreveport (McInnis, S) (Entered: 07/16/1999)
11 WITNESS LIST by General Motors Corp (McInnis, S) (Entered: 07/20/1999)
12 NOTICE by General Motors Corp to take deposition of Carol Pruett on 8/25/99 at 9:00am in Shreveport (McInnis, S) (Entered: 08/05/1999)
13 NOTICE by General Motors Corp to take deposition of Dr Kay Williams on 8/25/99 at 12:00pm in Shreveport (McInnis, S) (Entered: 08/05/1999)
14 MOTION by Linda F Logan, General Motors Corp to modify and amend [8-1] Scheduling order with Proposed Order referred to Magistrate Judge Roy S Payne (McInnis, S) (Entered: 08/20/1999)

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08/24/1999
09/20/1999 09/21/1999 09/28/1999 09/28/1999
09/28/1999
09/28/1999
09/29/1999
09/29/1999 09/29/1999 12/09/1999 12/13/1999 12/15/1999

15 ORDER granting [14-1] motion to modify and amend [8-1] Scheduling order. Reset scheduling order deadlines: Discovery deadline on 10/12/99; Dft's expert info/rpts due 9/28/99; Deadline for filing of all motions by 9/28/99; before Judge Donald E Walter . (signed by Magistrate Judge Roy S Payne) NOE by: mwc (McInnis, S) (Entered: 08/25/1999)
16 SUPPLEMENTAL WITNESS LIST by General Motors Corp (McInnis, S) (Entered: 09/20/1999)
17 90 DAY ORDER of dismissal ( signed by Judge Donald E. Walter ). NOE by: cd (McInnis, S) (Entered: 09/22/1999)
18 MOTION by General Motors Corp to extend time for expert discovery with Proposed Order referred to Magistrate Judge Roy S Payne (Dean, S) (Entered: 09/28/1999)
19 MOTION w/brief by General Motors Corp for summary judgment as to dismissal of intervenor's complaint in its entirety or in the alternative for partial summary judgment as to dismising claims for lost wages and for punitive damages WITH EXHIBITS (Dean, S) (Entered: 09/28/1999)
20 STATEMENT of material facts by General Motors Corp regarding [19-1] motion for summary judgment as to dismissal of intervenor's complaint in its entirety, [19-2] motion for partial summary judgment as to dismising claims for lost wages and for punitive damages (Dean, S) (Entered: 09/28/1999)
21 NOTICE OF SETTING: Motion day set on 11/5/99 for [19-1] motion for summary judgment as to dismissal of intervenor's complaint in its entirety before Judge Donald E Walter, on 11/5/99 for [19-2] motion for partial summary judgment as to dismising claims for lost wages and for punitive damages before Judge Donald E Walter. NOE by: sjd (Dean, S) (Entered: 09/28/1999)
22 ORDER granting [18-1] motion to extend time for expert discovery. Reset scheduling order deadlines: Dft's expert info/rpts due 10/18/99 before Judge Donald E Walter . (signed by Magistrate Judge Roy S Payne) NOE by: mwj (McInnis, S) (Entered: 09/29/1999)
23 90 DAY ORDER of dismissal (signed by Judge Donald E Walter) NOE by: jak (McInnis, S) (Entered: 09/30/1999)
Case closed (McInnis, S) (Entered: 09/30/1999)
24 JOINT MOTION by E E O C, General Motors Corp to approve and enter consent decree with Proposed Consent Decree referred to Judge Donald E Walter (McInnis, S) (Entered: 12/09/1999)
25 CONSENT DECREE (signed by Judge Donald E Walter) NOE by: sem (McInnis, S) (Entered: 12/13/1999)
26 ORDER granting [24-1] motion to approve and enter consent decree (signed by Judge Donald E Walter) NOE by: sem (McInnis, S) (Entered: 12/15/1999)

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