UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
FUTON FACTORY, INC.,
Defendant.
_____________________________1

= Civil Action N0·1: '5 C\f 0 6 Z. 8
Richard Alan Enslen U.S. District Judge
COMPLAINT AND JURY 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 to provide appropriate relief to employee Teri A. Taylor who was adversely affected by such practices. The EEOC alleges that Defendant, Futon Factory, Inc., ("Defendant") subjected Taylor to a sexually hostile work environment and that the Defendant, despite knowledge of the harassment, failed to take prompt and effective action to correct and prevent the harassment. The Defendant also allowed Taylor's work environment to become so intolerable that she was constructively discharged.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) and 707(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(f)(1) and (3) and 42 U.S.C. 2000e-6(e)("Title VII"), and Section 102 ofthe Civil Rights Act 0[1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed
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within the jurisdiction of the United States District Court for the Western District of Michigan.

3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or

"Commission"), is the agency of the United States of America charged with the administration,

interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by

Section 706(f)(1) and (3) and 707(e) of Title VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3), and 2000e-

6(e).

4. At all relevant times, Defendant, Futon Factory, has continuously been a corporation

doing business in the State of Michigan and the City of Grand Rapids, and has continuously had at

least 15 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

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

Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6.

More than thirty days prior to the institution of this lawsuit Teri A. Taylor filed a

charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7. Since April 2004, Defendant Employer has engaged in unlawful employment

practices at its Grand Rapids, Michigan facility, in violation of Section 703(a), 42 U.S.C. § 2000e-

2(a). The Defendant's unlawful employment practices include the following:

a. A male manager at Defendant Employer's Grand Rapids, Michigan facility

engaged in behavior that created a hostile work environment for Taylor.

b. Throughout the Taylor's employment, she was subjected to unwelcome

sexual talk and innuendo by male manager David Flanders.

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c. Flanders also secretly subjected Taylor to video surveillance while she used

the restroom facility throughout her employment, and regularly made

comments to Taylor to reveal that he was aware ofher specific conduct in the

restroom.

d. Flanders also pressured Taylor to pose for pictures for him during her

employment.

e. Flanders wore a hat to the employment facility with sexually suggestive

words written on it and refused to remove it despite Taylor's protestations.

f.

During her employment, Taylor became aware that her mother was also

subjected sex-related talk and innuendo by Flanders.

f.

Defendant knew or should have known that Flanders was harassing Taylor

and otherwise subjecting her to a sexually hostile work environment.

g. Defendant failed to take prompt and effective remedial action reasonably

calculated to stop the harassment and prevent it from recurring.

h. Due to the hostile work environment and the reasonable belief that such

harassment would continue in the future, Taylor was constructively

discharged on or about January 28,2005.

8. The effect ofthe pattern and practice of conduct complained of in paragraph

7 above has been to deprive Taylor of equal employment opportunities and otherwise adversely

affect her status as an employee because of her sex.

9. The unlawful employment practices complained of in paragraph 7 above were and

are intentional.

10. As the result ofthe unlawful employment practices, Taylor has suffered emotional

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pain, suffering, inconvenience, mental anguish and loss of enjoyment of life. 11. The unlawful employment practices complained of in paragraph 7 above were done
with malice or with reckless indifference to the federally protected rights of Taylor. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: a. GRANT a permanent injunction enjoining Defendant Employer, its officers,
successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practices which discriminate on the basis of sex. b. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects ofits past and present unlawful employment practices, including the institution of a sexual harassment training program for each of its facilities. c. ORDER Defendant to provide individualized training to its employees concerning Title VII and its prohibitions against sexual harassment. d. ORDER Defendant Employer to make whole Taylor by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be proven at trial. e. ORDER Defendant Employer to make whole Taylor by providing nominal damages and compensatory damages for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, in amounts to be proven at trial. f. ORDER Defendant Employer to pay Taylor punitive damages for its malicious or
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reckless conduct described in paragraph 7 above, in amounts to be proven at trial.

g. GRANT such further relief as the Court deems necessary and proper in the public

interest.

h. AWARD the Commission its costs ofthis action.

JURY TRIAL DEMAND

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

Respectfully submitted,

Filed: September 14, 2005

JAMES L. LEE Deputy General Counsel
~
Regional Attorney

ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney

TAMMY C. KLEIN (P60256) Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: 313) 226-5673

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 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v. FUTON FACTORY, INC.,

Case No. 1:05-cv-628 Hon. Richard Alan Enslen

Defendant. /

ORDER TO SHOW CAUSE

The court records reveal that this Court issued an Order extending until November 20, 2005 the time for Defendant answer or otherwise respond to the Complaint. Defendant has filed to a response. The court records further indicate that Plaintiff has failed to enter a default against this Defendant. Therefore,
IT IS HEREBY ORDERED that Plaintiff shall either file a default within fourteen (14) days of the date of this order or show cause in writing why the Court should not dismiss the case against Futon Factory, Inc. for lack of prosecution pursuant to W.D. Mich.LCivR 41.1.

Dated in Kalamazoo, MI: December 6, 2005

/s/Richard Alan Enslen Richard Alan Enslen Senior United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

FUTON FACTORY, INC.

)

)

Defendant.

)

CIVIL ACTION NO. 1:05-CV-0628

VOLUNTARY DISMISSAL OF EEOC ACTION BY STIPULATION

Come now the parties and hereby stipulate to the voluntary dismissal of the EEOC

action pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. The parties

stipulate as follows:

(1) This action is hereby dismissed with prejudice.

(2) The EEOC and Defendant Futon Factory Inc. are to bear their own costs and

attorneys fees with respect to the EEOC action.

Respectf

ully submitted,

/s/ Johanna Philhower Maple JOHANNA PHILHOWER MAPLE Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Phone: (317) 226-5601 Fax: (317) 226-5571 Email: johanna.maple@eeoc.gov Indiana Bar No. #20245-49

Fulk 320 Indianapolis, Telephone: Fax: E-Mail:

/s/ Steven T. Fulk Steven T. Fulk
& Associates, Attorneys at Law L.L.C. Massachusetts Ave.
IN 36204 (317) 423-8822 (317) 423-8891 office@fulk-allain.com

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CERTIFICATE OF SERVICE I hereby certify that on September 21, 2006, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following:
Steven T. Fulk Fulk & Associates, Attorneys at Law L.L.C. 320 Massachusetts Ave. Indianapolis, IN 36204 Telephone: (317) 423-8822 Fax: (317) 423-8891 E-Mail: office@fulk-allain.com or office@fulk-assoc.com
/s/ Johanna Philhower Maple JOHANNA PHILHOWER MAPLE Senior Trial Attorney EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Phone: (317) 226-5601 Fax: (317) 226-5571 Email: johanna.maple@eeoc.gov Indiana Bar No. #20245-49
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 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?800036257707785-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:05-cv-00628-RAE

CLOSED

Equal Employment Opportunity Commission v. Futon Factory, Inc. Assigned to: Senior Judge Richard Alan Enslen Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/16/2005 Date Terminated: 09/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Johanna Philhower Maple U.S. Equal Employment Opportunity Commission (IN) 101 W Ohio St., Rm. 1900 Indianapolis, IN 46204 (317) 226-5601 Email: johanna.maple@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-3406 Email: robert.dawkins@eeoc.gov ATTORNEY TO BE NOTICED

Tammy C. Klein U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave.

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V. defendant Futon Factory, Inc.

Detroit, MI 48226 (313) 226-5673 Fax: (313) 226-6584 Email: tammy.klein@eeoc.gov ATTORNEY TO BE NOTICED
represented by Steven T. Fulk Fulk & Associates, Attorneys at Law, LLC 320 Massachusetts Ave. Indianapolis, IN 46204 (317) 423-8822 Email: stfulk@fulk-allain.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/16/2005 09/16/2005 10/20/2005 10/20/2005 10/20/2005 10/20/2005 10/21/2005 10/21/2005 11/22/2005

#

Docket Text

1 COMPLAINT with jury demand against Futon Factory, Inc. filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (rlw, ) (Entered: 09/19/2005)
SUMMONS ISSUED as to Futon Factory, Inc. (rlw, ) (Entered: 09/19/2005)
2 ATTORNEY APPEARANCE of Steven T. Fulk on behalf of defendant Futon Factory, Inc. (Attachments:, # 1 Attachment certificate of service) (rlw, ) (Entered: 10/20/2005)
3 MOTION for extension of time to file answer re 1 with certificate of service by defendant Futon Factory, Inc.; (Attachments:, # 1 Proposed Order) (rlw, ) (Entered: 10/20/2005)
4 ATTORNEY ADMISSION LETTER sent to attorney Steven T. Fulk; attorney admission deadline set for 12/19/2005 (rlw, ) (Entered: 10/20/2005)
5 CLERK'S LETTER to attorney Steven T. Fulk regarding e-filing requirement and paper filing 3, 2 (rlw, ) (Entered: 10/20/2005)
6 ORDER granting 3 motion for extension of time to answer ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 10/21/2005)
Copy of Order on Motion for Extension of Time to Answer 6 sent via U.S. Mail to Steven T. Fulk (bd, ) Modified text on 10/24/2005 (bd, ). (Entered: 10/21/2005)
ATTORNEY Steven T. Fulk ADMITTED to practice in the Western District of Michigan (jal, ) (Entered: 11/23/2005)

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12/06/2005 12/06/2005 12/08/2005 12/12/2005 01/11/2006 01/17/2006
01/26/2006 02/02/2006 02/07/2006 02/08/2006
04/10/2006 05/30/2006 05/30/2006
07/07/2006

7 ORDER TO SHOW CAUSE: plaintiff to show cause by 12/20/2005 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 12/06/2005)
Copy of Order to Show Cause (Deadline)7 sent via U.S. Mail to Steven T. Fulk (bd, ) (Entered: 12/06/2005)
8 ORDER REJECTING paper document ; signed by Magistrate Judge Ellen S. Carmody (Attachments:, # 1 Attachment Answer and Affirmative Defenses) (rlw, ) (Entered: 12/12/2005)
Copy of Order Rejecting Paper Document8 with Answers and Affirmative Defenses sent via U.S. Mail to Steven T. Fulk (rlw, ) (Entered: 12/12/2005)
9 ANSWER to complaint; with Affirmative Defenses and Certificate of Service; by Futon Factory, Inc. (Fulk, Steven) Modified text on 1/13/2006 (bd, ). (Entered: 01/11/2006)
10 ORDER setting Rule 16 scheduling conference for 2/7/2006 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 2/2/2006 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 01/17/2006)
11 ATTORNEY APPEARANCE of Robert K. Dawkins on behalf of plaintiff Equal Employment Opportunity Commission (Dawkins, Robert) (Entered: 01/26/2006)
12 FIRST STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 02/02/2006)
13 MINUTES of scheduling conference held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 02/07/2006)
14 CASE MANAGEMENT ORDER: jury trial set for 5/2007 civil trial schedule before Senior Judge Richard Alan Enslen; settlement conference set for 3/7/2007 at 02:00 PM before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 4/19/2007 at 02:30 PM before Senior Judge Richard Alan Enslen; ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 02/08/2006)
15 NOTICE OF BANKRUPTCY upon the record by defendant Futon Factory, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Fulk, Steven) (Entered: 04/10/2006)
16 ATTORNEY APPEARANCE of Johanna Philhower Maple on behalf of plaintiff Equal Employment Opportunity Commission; with Certificate of Service (Maple, Johanna) Modified text on 6/1/2006 (bd, ). (Entered: 05/30/2006)
17 BRIEF by plaintiff Equal Employment Opportunity Commission Response to Defendant's Report of Entry of Order for Relief (Notice of Bankruptcy Filing); with Certificate of Service; (Maple, Johanna) Modified text on 6/1/2006 (bd, ). (Entered: 05/30/2006)
18 UNOPPOSED MOTION for extension of time to complete discovery by plaintiff Equal Employment Opportunity Commission; with Certificate of Service; (Attachments: # 1 Affidavit in support of motion# 2 Proposed Order) (Maple,

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07/19/2006 09/21/2006

Johanna) Modified text on 7/10/2006 (bd, ). (Entered: 07/07/2006)
19 ORDER granting 18 plaintiff's motion for extension of time to complete discovery; all discovery proceedings shall be completed by 11/1/2006; the deadline for filing dispositive motions is also extended to 11/1/2006; further requests for extension of these deadlines will not be favored; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/19/2006)
20 STIPULATION of dismissal by plaintiff Equal Employment Opportunity Commission (Maple, Johanna) (Entered: 09/21/2006)

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