U KG F I L E DCff FEB 022006

TN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

CtE~MK,IGUH.SA.fl DWIS, iRlJOlCfTlfll~~URT

EASTERN DIVISION

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EQUAL EMPLOVMENT OPPORTUNITV )

COMMISSION,

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Plaintiff,

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v.

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INFINITY HOME IMPROVEMENT, INC., )

d/b/a GUTTER HELMET

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Defendant.

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CiVil48C 0608
JUDGE CASTILLO
JURY TRIAL DEMAND
~@§TRATE JUDGE LEVIN

COMPLAINT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of1991, 42 U.S.c. § 1981a, to

correct unlawful employment practices on the bases of race and retaliation and to provide

appropriate rcliefto two classes of employees who were adversely affected by such practices:

(1) a class of black employees, including Martin Ellens ("Ellens"), Jennaine Ervin ("Ervin"), and

Calvin Taylor ("Taylor"), who were harassed, discharged, and not rehired because of their race;

and (2) a class of employees, including Ellens and Robert Ritthamel ("Ritthamcl"), who were

discharged and not rehired in retaliation for opposing employment practices prohibited by

Title VJI.

JURISDICTION AND VENUE

1. This action is brought by the United States Equal Employment Opportunity

Commission to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. § 2000e et seq. 2. This action is authorized and instituted pursuant to § 706(£)(1), § 706(£)(3),42 U.S.C.

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§2000e-5(f)(l) §2000e-5(f)(3). 3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451, 133 J, 1337,
1343, 1345,42 U.S.C. §~ 2000e-5(t)(3), and § 102 ofthe Civil Rights Act of 1991, 42 U.S.C. § 1981A.
4. The unlawful acts alleged below were and are now being committed within lhe jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 5. Plaintiff United States Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency oflhe United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly anthorized to bring this action by § 706(f)(1), Title VII, 42 U.S.c. §2000e-5(1)( I). 6. At all relevant times, Defendant Infinity Home Improvement, Inc. ("Defendant" or "Infinity") has continuously been a corporation doing business in Illinois. 7. At all relevant times, Infinity has continuously had at least fifteen (15) employees. 8. At all relevant times, Infinity has continuously been an employer engaged in an industry affecting commerCe within the meaning of Sections 701(b), (g) and (h) of Title VII, 42lJ.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 9. On July 1, 2004, more than thirty (30) days prior to the institution of this lawsuit, Martin Ellens filed a charge of discrimination with the Commission alleging violations of Title VII by Infinity. 10. On July 14,2004, more than thirty (30) days prior to the institution of this lawsuit, Calvin Taylor filed charges of discrimination with the Commission alleging violations of Title VII by Infinity. 11. All conditions precedent to the institution of this lawsuit have been fulfilled. 12. Defendant has engaged in discrimination against a class of black employees, including Ellens, Ervin, and Taylor, in violation of §703(a) of Title VII, 42lJ.S.C. § 2000e-2(a). These unlawful employment practices include, but are not limited to:
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(a) subjecting employees, induding Ellens, Ervin, and Taylor, to a hostile working environment based on their race; and
(b) discharging and not rehiring employees, including Ellens, Ervin, and Taylor, based on their race.
13. Defendant has engaged in discrimination, in violation of § 704(a) of Title VII, 42 US.C. 2000e-3(a), against a class of employees, including Ellens and Ritthamel, who opposed employment practices prohibited by Title VII. These unlawful employment practices include, but are not limited to discharging and not rehiring employees, including Ellens and Ritthamcl, in retaliation for opposing race discrimination.
14. The result of the practices complained of in paragraphs 12 and 13 has been to deprive a class of employees, including Ellens, Ervin, and Taylor, of equal employment opportunities and otherwise adversely affect their status as employees because of their race, and to deprive a class of employees, including Ritthamel and Ellens, of equal employment opportunities and otherwise adversely affect their status as employees because of their opposition to unlawful race discrimination.
15. The unlawful employment practices complained of above in paragraphs 12 and \3 were and are intentional.
16. The unlaw Cui employment practices complained of in paragraph 12 were done with malice or with reckless indifference to the federally protected rights of each member of the class of employees described in that paragraph, including Ellens, Ervin, and Taylor.
17. The unlawful employment practices complained of in paragraphs 13 were done with malice or with reckless indifference to the federally protected rights of each member of the class of employees described in that paragraph, including Ellens and Ritthamel.
PRAYER FOR RELIEF WHEREFORE, the Commission requests that this Court: A. Grant a permanent inj unction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any
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employment practices which discriminate on the basis of race and/or which retaliate against employees for opposing employment practices prohibited by Title VII;
B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities lor its employees regardless of race, and which eradicate the elfects of its unlawful employment practices on all employees;
C. Order Defendant to make whole a the class of employees described in paragraph 12, including Ellens, Ervin, and Taylor, by providing compensation for past and future nonpecuniary losses resulting from the unlawful race discrimination alleged above, including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
D. Order Defendant to make whole a the class of employees described in paragraph 13, including Ellens and RiUhamei, by providing compensation jor past and future non-pecuniary losses resulting from the unlawful discrimination based on retaliation alleged above, including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
E. Order Defendant to make whole the class of employees described in paragraph 12, including Ellens, Ervin, and Taylor, by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices, including but not limited to front payor rightful place reinstatement to such employees, and compensation for past and future nonpecuniary losses resulting from the unlawful race discrimination alleged abovc, including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
F. Order Defendant to make whole the class of cmployees described in paragraph 13, including Ellens and Ritthamel, by providing appropriate back pay with pre-judgment interest, in amounts to be detemlined at trial, and other afljrmative relief necessary to eradicate the effects of the unlawful employment practices, including but nol limited to front payor rightful place reinstatement to such employees, and compensation for past and future non-pecuniary losses resulting from the unlawful discrimination based on retaliation alleged above, including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
O. Order Defendant to pay punitive damages for its malicious and reckless conduct
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described in paragraphs 12 and 13, in amounts to be determined at trial; H. Grant such further relief as this Court deems neeessary and proper in the public
interest; and 1. Award the Commission its costs in this aetion.
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• JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the Complaint Respectfully submitted, .lames L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity Commission 1801 "L" 'treet, N.W.
Equal Employment Opportunity Commission
500 West Madison Street Suite 2800 Chicago, Illinois 60661 312-353-7722
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTER"'I DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
INFINITY HOME IMPROVEMENT, INC., dfbfa GUTTER HELMET Defendant.

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Cil'i1 Action No. 06 C 608

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Judge CastiUo

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CONSENT DECREE THE LITIGATIOK
I, Plaintiff United States Equal Employment Opportunity Commission ("EEOC") filed this action alleging that the Defendant Infinity Home Improvement ("Infinity"). violated Title VII of the Civil Rights Act of 1964. as amended, 42 U.s.C. § 2000e et seg. ("Title VII"), \vhen it allegedly subjected a class of black employees to a hostile work environment based upon their race, when it allegedly discharged that class of employees based upon their race, and when it allegedly discharged a second class of employees in retaliation for their opposition to discrimination prohibited by Title VII.
2. In the interest of resolving this matter, and as a result of having cngaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree ("Decree").
3. This Decree fully and finally resolves any and all issues and claims arising oul of the Complaint filed by the EEOC.

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FmDmGS

4. Having carefully examined the terms and provi5ions of this Decree, and based on

the pleadings, record, and stipulations of the parties, the Court finds the following:

a. This Court has jurisdiction of the subject matter of this action and of the

parties.

b. The tenus of this Decree are adequate, fair, reasonable, equitable, and just.

The rights of the EEOC, Infinity, class members, and the public interest are adequately protected

by thi s Decree.

c. This Decree conforms with the Federal Rules of Civil Procedure and Title

VII and is not in derogation of the rights or privileges of any person. The entry of this Decree

will further the objectives of Title VII and will be in the best interests of the parties, the class

members, and the public.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

INJUNCTION AGAmST EMPLOYMENT DISCRIMINATION

5. Infinity and its officers, agents, management employees (including supervisory

employees), successors, and assigns are hereby enjoined from engaging in any form of

employment discrimination prohibited by Title VII, including any form of retaliation against any

person because such person has opposed any practice prohibited by Title VII, filed a charge of

discrimination under Title VII, testified or participated in any marmer in any investigation,

proceeding, or hearing under Title VII, or asserted any rights under this Decree.

MONETARY RELlEF 6. Subject to the terms and conditions of this Decree, Infinity shall make payments
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("Payments") to the class members in the follov,ing amonnts, with appropriate deductions made

/Tom the portions of the Payments designated as backpay:

Martin Ellens: Jermaine Ervin: Robert Ritthamel: Calvin Taylor:

backpay backpay backpay backpay -

$4,000 $4,000 $5,000 $1,000

damages damages damages damages -

$28,000 $7,000 $6,000 $20,000

The portions of the Payments designated as backpay will be subject to required tax

withholdings and deductions, for which Infinity 'wi!! issue an IRS Fonn W-2 to each Class

Member. Infinity may not deduct the employer's portion of applicable payroll taxes from the

Payments, Infinity ""ill issue an IRS Fonn 1099 to each Class Member for the portions of the

Payments designated as damages.

7. No later than ten (10) business days after the approval and entry of this Decree

and receipt by Infinity of a duly executed original Release Agreement (in the fonn set forth in

Exhibit A, annexed hereto) for each of the Class Members, Infinity shall issue and mai I to each

of the Class Members, by certified mail, a check for backpay and a check for damages, in the

amonnts specified in Paragraph 6 (less required tax withholdings and deductions).

Contemporaneously, Infinity shall submit copies of the above-noted checks to the EEOC.

POSTING OF NOTICE

8. No later than ten (10) business days after approval and entry of this Decree,

Infinity shall post copies of the Notice attached as Exhibit B to this Decree at its Arlington

Heights, Illinois facility or any other facility which may operate in Tl!inois while this Consent

Decree is in effect (the "Target Facilities"), on the bulletin boards usually used by Infinity for

posting notices directed to employees. The Notice shall remain posted for two (2) years /Tom

the date of entry of this Decree. Infinity shall take all reasonable steps to ensure that the posting

is not altered, defaced or covered by any other material. No later than ten (l0) business days

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after entry of this Decree, Infmity shall certifY to the EEOC in writing that the Notice has been
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properly posted, and shall provide a list of the facilities (including addresses) at which the Notice

has been posted. Infinity shall permit a representative of the EEOC to enter InfInity's premises

for purposes of verifying compliance with this Paragraph at any time during normal business

hours without prior notice.

RECORD KEEPING

9,

During the nvo year period in which this Decree is effective, Infinity shall

maintain and make available for inspection and copying by the EEOC written records of every

separation from employment at the Target Facilities, and every complaint or report by an

employee or applicant of employment discrimination prohibited by Title VII, including

complaints or reports of retaliation, at the Target Facilities. For each such separation from

employment, the above-noted records shall include: (a) the name of the employee whose

employment at Infinity has ended; (b) the reason for that employee's separation from

employment at Infinity, including whether the separation was required or requested by Infinity;

and (cl the race of the employee. For each such complaint or report of employment

discrimination, the above-noted records shall include: (i) the name of the complaining or

reporting person (including social security number, address, and telephone number); (ii) the date

of the complaint or report; (iii) a ,vritten description of what was alleged in the complaint or

report; (iv) the names of any witnesses; (v) a \~Titten description of the resolution or outcome of

the complaint or report, including a description of what actions, if any, InfInity took; and (vi) if

the complaint or report 'was made in \witten form, a copy thereof.

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10. With respect to those personnel ""ithin its employ at the Target Facilities, Infinity

shall make all reasonable efforts to secure the availability and cooperation of those persons

whom the EEOC may request for purposes of verifYing compliance with this Decree and to be

interviewed by the EEOC, provided that Infinity may have a representative present during

interviews of management personneL

ADOPTION, POSTING, AND DISTRIBUTION OF POLICY AGAINST EMPLOYMENT DISCRIMINATION

11. Infinity shall affirm in writing its policy against employment discrimination

("Policy") ""ithin thirty (30) calendar days after the approval and entry of this Decree and shall

maintain such Policy for the duration of this Decree. Commencing no later than sixty (60)

calendar days after the approval and entry of this Decree, Infinity shall distribute a copy of said

Policy to each employee oflnfmity working at the Target Facilities. Additionally:

(a) The Policy shall, at a minimum, specifically prohibit all forms of discrimination

prohibited by Title VII.

(b) The Policy \,ili also, at a minimum, inform employees that they are entitled to make

complaints or reports of unlawful employment discrimination 10 Infmity and to the EEOC.

(c) The Policy shall, at a minimum, inform employees that Infinity will investigate

thoroughly and promptly all complaints and reports of unlawful employment discrimination and

shall provide that employees who violate the Policy are subject to discipline up to and including

discharge.

(d) Copies of the Policy \,il1 be provided to employees at the time that they start work at

the Target Facilities_

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InfInity shall fon.vard a copy of the Policy to the EEOC within thirty (30) calendar days after the approval and entry of this Decree. The inclusion of this Paragraph in the Decree does not represent the EEOC's or the Court's approval ofinfInity's anti-discrimination policy.
TRAINING 12. During each of the two years follo,,",-:ing entry of this Decree, all of Infinity's employees at the Target Facilities, including all supervisors and managers, and all Infinity management personnel at any other company location, shall participate in an annual training session or sessions, conducted by a trainer paid for by Infinity and approved by the EEOC, regarding the law pertaining to employment discrimination, including race discrimination and retaliation. A registry of attendance shall be maintained for each training session. The first such annual training shall occur no later than ninety (90) calendar days after the entry of this Decree. The second annual training session shall occur \~ithin thirty (30) calendar days of the first anniversary date following the entry of this Decree. 13. Infinity shall obtain the EEOC's approval of its proposed trainer prior to the commencement of the training session described in Paragraph 12. The EEOC shall not unreasonably withhold or delay its approval. Infinity shall submit the name, address, telephone number, resume and training proposal of the proposed trainer to the EEOC at least ten (10) business days prior to the proposed date of each training. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or rejeCT the proposed trainer and advise Infinity of writing of its decision. In the event the EEOC does not approve Infmity's designated trainer, Infinity shall have ten (10) business days to identify an alternate trainer. The EEOC shall then have five (5) business days from the date of receipt of the information described above to accept or reject the alternate trainer and advise Infinity in 'writing
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of its decision. If the parties cannot through this process agree on a trainer, then they may seek the Court's assistance under Paragraph 16.
14. Infmity shall certifY to the EEOC in 'writing no later than five (5) business days after each annual training session described in Paragraph 12 thaI the training required by this Decree has taken place and that the required personnel have attended. Each certification of training described in this Paragraph shall include: (i) the date, location and duration of the training; (ii) a copy of the registry of attendance, which shall include the name and position of each person trained; and (iii) copies of any and all pamphlets, brochures, outlines or other \,Titten materials provided to the personnel attending the training session(s).
REPORTING 15. Infinity shall furnish to the EEOC the following \vritten reports semi-annually ("Semi-Annual Report") during the period in which this Decree is effective. The first SemiAnnual Report shall be due six (6) months after entry of the Decree. Subsequent Semi-Annual Reports shall be due every six (6) months thereafter, except that fmal Semi-Annual Report shall be due one month prior to the expiration of the Decree. Each such Semi-Annual Report shall contain: (al copies of all records described in Paragraph 9 for each separation of an employee from employment at InfInity that occurred and for each complaint or report of discrimination that was received by Infinity during the six (6) month period preceding the Semi-Annual Report, or a certification by Infinity that no such separations, complaints, or reports were received during that period; and
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(b) a certification by Infinity that the Notice required to be posted in Paragraph 8,

above, remained posted proper!y in the Target Facilities during the entire six (6) month period

preceding the Semi-Annual Report.

DISPUTE RESOLUTION

16. If during the term of this Decree either party to this Decree believes that the other

party has failed to comply with any provision(s) of the Decree, the complaining party shall notifY

the other party of the alleged non-compliance and shall afford the alleged non-complying party

ten (10) business days to remedy the non-compliance or to satisfY the complaining party that the

alleged non-complying party has complied. If the alleged non-complying party has not remedied

the alleged non-compliance or satisfied the complaining party that it has complied within ten

(l0) business days, the complaining party may apply to the Court for appropriate relief.

DURATION OF THE DECREE A}.l) RETENTION OF JURISDICTION

17. All provisions of this Decree shall be in effect (and the Court will retain

jurisdiction of this matter to enforce this Decree) for a period of m'O (2) years immediately

follO\ving the approval and entry of the Decree, provided, however, that if, at the end of the m'O

(2) year period, any disputes under Paragraph 16, above, remain unresolved, the term of the

Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to

enforce the Decree) until such time as all such disputes have been resolved.

MISCELLANEOUS PROVISIONS

18. Each party to thi s Decree shall bear its own expenses, attorney's fees, and costs.

19. The terms of this Decree are and shall be binding on the present and future

directors, officers, managers, agenis, successors, and assigns of Infinity. During the term of this

Decree, Infinity shall provide prior 1,vritten notice to any potential purchaser of Infinity's

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business, or a potential purchaser of all or a substantial portion of Irrfmity's assets, and to any other potential successor, of: (i) this action by the EEOC against Infinity; (ii) the allegations raised in the Complaint filed in this action; and (iii) the existence and contents of this Decree.
20. When this Decree requires a certification by Irrfmity of any facl(S), such certification shall be made under oath or penalty of perjury by an officer or management employee ofinfinity.
21. V>'hen this Decree requires the submission by Infinity of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Infinity Home Improvement Consent Decree Compliance, Justin Mulaire, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. V>'hen this Decree requires submission by the EEOC of materials to Infinity, they shall be mailed to: Mark Adams, President, Infmity Home Improvement, 852 47th Street SW, Wyoming, MI 49509, wilh a copy to Johanson Berenson LLP, 1146 Walker Road, Suite C, Great Falls, Virginia 22066.
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ENTERED AND APPROVED FOR:

For the UNITED STATES EQUAL

For INFINITY HOME IMPROVEMENT,

EMPLOYMENT OPPORTIJNITY COMMlSSION
JAMES LEE Deputy Geneml Counsel

INC.,
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Eugene i&ef~

Counsel to Infinity Home Improvement

GWENDOLYN YOUNG REAMS

.Keefe & Associates, L.L.C.

Associate General Counsel

118 N. Clinton St, Ste. 300

Chicago, II. 60661

312-756-1800

UNITED STATES EQUAL EMPLOYMENT

Suite 2800

The Honorable Ruben Castillo United States District Judge
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EXHIBIT A

RELEASE AGREEMENT

In consideration of $

to be paid to me by lnfmity Home Improvement, Inc., in

connection with the resolution of EEOC v. Infinitv Home Improvement, InC., d/b/a Gutter

Helmet, No. 06 C 608 (N.D.Ill.), I waive my right to recover for any claims of employment

discrimination arising under Title VII of the Civil Rights Act of 1964 that I had against Infinity

Home Improvement, Inc. as of the date of this release and that were included in the claims in

EEOC's complaint in EEOC v. lnfmity Home Improvement, Inc., d/b/a Gutter Helmet.

Signature :.-:::-:-:-::-::::-:::-;;--=::.....,..,::::-:-:::::-c=::=:[NAME OF CLASS MEMBER]

Date: _ _ _ _ _ _ _ _ _ __

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EXHIBITB
NOTICE TO INFINITY HOME IMPROVEMENT (GUTTER HELMET) EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in the Northern District of Illinois in EEOC v. Infinity Home Improvement, Inc., d/b/a Gutter Helmet, No. 06 C 608 (N.D.Ill.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Infinity Home Improvement ("Infinity"), which does business under the name "Gutter Helmet."
In its suit, the United States Equal Employment Opportunity Corrunission ("EEOC") alleged thaI Infinity violated the Title VII of the Civil Rights Act of 1964 by subjecting employees to harassment based on their race, discharging employees based on their race, and discharging employees in retaliation for reporting or complaining about race discrimination.
To resolve the case, Infinity and the EEOC have entered into a Consent Decree which provides, among other things, that:
1) Infinity will make certain monetary payments to the individuals who claimed to have been affected by the alleged violations of Title VII.
2) Infinity will not discriminate against any employee on the basis ofrace, color, sex (including sexual harassment and pregnancy), religion, or national origin.
3) Infinity will not retaliate against any person because he or she makes or files a complaint of discrimination, opposes any discriminatory practice prohibited by Title VII, participates in any Title VII proceeding, or asserts any rights under the Consent Decree;
4) Infinity "ill maintain and distribute to all employees working in Illinois a policy prohibiting discrimination and ,,111 train all of its employees, including managers and supervisors, regarding prohibited discrimination and Infinity's policy;
The EEOC is the federal agency that enforces the nation's laws prohibiting discrimination in employment based on race, color, sex (including sexual harassment and pregnancy), religion, national origin, age, disability, and retaliation. Further information about the EEOC and these laws is available on the EEOC's web site at www.eeoc.gov. If you believe you have been subjected to unlawful discrimination, you may contact the EEOC by phone at 312-353-8195, or by TTY at 312-353-2421. The EEOC charges no fees.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY A..'n'ONE This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Infinity Home Improvement Consent Decree, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661,

Date

Judge Ruben Castillo

United States District Court

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 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?773455824332148-L_35...
CLOSED, LEVIN
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:06-cv-00608

Equal Employment Opportunity Commission v. Infinity Home Improvement, Inc. Assigned to: Honorable Ruben Castillo Cause: 42:2000 Job Discrimination (Race)

Date Filed: 02/02/2006 Date Terminated: 11/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Justin Mulaire U.S. Equal Employment Opportunity Commission Chicago District Office 500 West Madison Suite 2800 Chicago, IL 60661 312-353-7722 Fax: 312-353-8555 Email: justin.mulaire@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant
Infinity Home Improvement, Inc. doing business as Gutter Helmet

represented by Eugene F. Keefe Keefe & Associates, L.L.C. 118 North Clinton Suite 300 Chicago, IL 60661 (312) 756-1800 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/02/2006 02/02/2006 02/03/2006 02/06/2006 02/06/2006 04/03/2006
04/03/2006
04/04/2006 04/05/2006 04/05/2006

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(rmm, ) (Entered: 02/03/2006)
2 CIVIL Cover Sheet (rmm, ) (Entered: 02/03/2006)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson (Hendrickson, John) (Entered: 02/03/2006)
4 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour (Gochanour, Gregory) (Entered: 02/06/2006)
5 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 02/06/2006)
6 MINUTE entry before Judge Ruben Castillo : After review of the initial pleadings in this case, this Court has decided to hold an expedited settlement conference. Plaintiff's counsel is directed to immediately serve the complaint and exhaust all settlement possibilities for this lawsuit. Parties to file a joint status report on or before 4/24/2006. The Court will hold a settlement conference in chambers on 4/26/2006 at 2:00 PM. Clients with settlement authority are directed to appear or be available by telephone. Mailed notice (rao, ) (Entered: 04/03/2006)
7 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Infinity Home Improvement, Inc. waiver sent on 2/7/2006, answer due 4/10/2006. (Mulaire, Justin) (Incorrect Date Entered - Docket Text Edited by Clerk's Office) Modified on 4/4/2006 (gma, ). (Entered: 04/03/2006)
8 NOTICE of Correction regarding waiver of service executed7 (Incorrect "sent on" date entered) (gma, ) (Entered: 04/04/2006)
9 MOTION by Defendant for extension of time to file answer(gma, ) (Entered: 04/06/2006)
10 NOTICE of Motion by Infinity Home Improvement, Inc. for presentment of MOTION by Defendant for extension of time to file answer 9 before Honorable Ruben Castillo on 4/11/2006 at 09:15 AM. (gma, ) (Entered: 04/06/2006)

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04/05/2006 04/07/2006
04/24/2006 04/27/2006 05/05/2006 05/05/2006 05/05/2006 05/18/2006 05/22/2006
05/22/2006 06/08/2006
07/13/2006 08/17/2006

12 ATTORNEY Appearance for Defendant Infinity Home Improvement, Inc. by Eugene F. Keefe (cdy, ) (Entered: 04/07/2006)
11 MINUTE entry before Judge Ruben Castillo : Defendant's motion for extension of time to file answer 9 is granted. Defendant to answer or otherwise plead to the complaint on or before 4/26/2006. Parties to file the joint status report on or before 5/8/2006. Settlement conference reset to 5/10/2006 at 3:00 PM. Mailed notice (rao, ) (Entered: 04/07/2006)
13 ANSWER to Complaint by Infinity Home Improvement, Inc.(rmm, ) (Entered: 04/27/2006)
14 RULE 7.1 Disclosure Statement by Infinity Home Improvement, Inc. (mb, ) (Entered: 05/01/2006)
15 MINUTE entry before Judge Ruben Castillo : Parties' oral request to reset the settlement conference is granted. Settlement conference reset to 5/22/2006 at 3:00 PM. Settlement conference set for 5/10/2006 is vacated. Mailed notice (rao, ) (Entered: 05/05/2006)
16 STATUS Report (joint) by Equal Employment Opportunity Commission, Infinity Home Improvement, Inc. (Attachments: # 1 Exhibit A (proposed scheduling order))(Mulaire, Justin) (Entered: 05/05/2006)
17 CERTIFICATE by Equal Employment Opportunity Commission of service of joint status report (Mulaire, Justin) (Entered: 05/05/2006)
18 FED.R.Civ.P. 26(a)(1) Initial Disclosures by Defendant Infinity Home Improvement, Inc. (ar, ) (Entered: 05/23/2006)
19 MINUTE entry before Judge Ruben Castillo : Settlement conference held in chambers on 5/22/2006. The parties are requested to exhaust all remaining settlement possibilities for this litigation in view of the court's recommendation. Status hearing set for 6/8/2006 at 9:45 AM. A firm schedule for this lawsuit including a trial date will be set at the next status hearing Mailed notice (rao, ) (Entered: 05/23/2006)
20 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Infinity Home Improvement, Inc. by Eugene F. Keefe; Order entered granting leave by Ruben Castillo. Filing fee $ 50 paid, receipt number 1097878. (mjc, ) (Entered: 05/25/2006)
21 MINUTE entry before Judge Ruben Castillo : Status hearing held on 6/8/2006 and continued to 7/13/2006 at 9:45 AM. All discovery to be completed on or before 9/22/2006. Any dispositive motions are to be filed on or before 10/20/2006. Jury trial set for 12/11/2006 at 9:45 AM. Mailed notice (rao, ) (Entered: 06/08/2006)
22 MINUTE entry before Judge Ruben Castillo : Status hearing held on 7/13/2006 and continued to 8/22/2006 at 9:45 AM. Mailed notice (rao, ) (Entered: 07/13/2006)
23 MOTION by Plaintiff Equal Employment Opportunity Commission to compel disclosure of financial data and employee records (Attachments: # 1 Exhibit A, EEOC 1st document requests# 2 Exhibit B, EEOC 2d document requests# 3

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08/17/2006 08/22/2006 08/22/2006 09/08/2006
09/08/2006 09/13/2006 09/15/2006
09/15/2006 09/18/2006 09/22/2006

Exhibit C, Infinity 1st document responses# 4 Exhibit D, Infinity 2d document responses# 5 Exhibit E, Spreadsheet provided by Infinity# 6 Exhibit F, Rule 37 certificate# 7 Exhibit G, Letter from EEOC counsel to Infinity counsel# 8 Exhibit H, cited decisional law (French v. Amsleep)# 9 Exhibit I, cited decisional law (EEOC v. Staffing Network))(Mulaire, Justin) (Entered: 08/17/2006)
24 NOTICE of Motion by Justin Mulaire for presentment of motion to compel,, 23 before Honorable Ruben Castillo on 8/22/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 08/17/2006)
25 MINUTE entry before Judge Ruben Castillo : Plaintiff's motion to compel 23 is granted. Defendant to turn over all documents on or before 9/21/2006. Status hearing held on 8/22/2006 and continued to 9/13/2006 at 9:45 AM. Mailed notice (rao, ) (Entered: 08/22/2006)
26 MINUTE entry before Judge Ruben Castillo : This Court's earlier order is corrected as follows: Defendant to turn over all documents pursuant to the motion to compel on or before 9/1/2006. Mailed notice (rao, ) (Entered: 08/22/2006)
27 MOTION by Plaintiff Equal Employment Opportunity Commission to compel disclosure of workload data (Attachments: # 1 Exhibit A, EEOC First Request for Production of Documents# 2 Exhibit B, Infinity response to EEOC First Request for Production of Documents# 3 Exhibit C, Local Rule 37.2 certificate)(Mulaire, Justin) (Entered: 09/08/2006)
28 NOTICE of Motion by Justin Mulaire for presentment of motion to compel, 27 before Honorable Ruben Castillo on 9/13/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 09/08/2006)
29 MINUTE entry before Judge Ruben Castillo : Plaintiff's motion to compel disclosure of workload data 27 is withdrawn. Status hearing held on 9/13/2006. Settlement conference set for 10/4/2006 at 3:30 PM. Mailed notice (rao, ) (Entered: 09/13/2006)
30 MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause why Infinity should not be precluded from introducing certain evidence at trial (Attachments: # 1 Exhibit A, EEOC 1st document requests# 2 Exhibit B, Infinity 1st document responses# 3 Exhibit C, EEOC motion to compel# 4 Exhibit D, order to produce documents# 5 Exhibit E, document produced# 6 Exhibit F, Declaration of Justin Mulaire# 7 Exhibit G, letter from Mulaire to Kaplan)(Mulaire, Justin) (Entered: 09/15/2006)
31 NOTICE of Motion by Justin Mulaire for presentment of motion for order to show cause,, 30 before Honorable Ruben Castillo on 9/20/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 09/15/2006)
32 MINUTE entry before Judge Ruben Castillo : Plaintiff's motion for an order to show cause 30 is entered and continued to 9/27/2006 at 9:30 AM. Motion hearing set for 9/20/2006 is vacated. Mailed notice (rao, ) (Entered: 09/18/2006)
33 MOTION by Plaintiff Equal Employment Opportunity Commission to compel Disclosure of Sales & ?Work-in-Progress? Reports or Preclude Evidence (Attachments: # 1 Exhibit A, EEOC 1st document requests# 2 Exhibit B, Infinity

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09/22/2006 09/27/2006
10/04/2006
10/05/2006 10/05/2006 10/18/2006 10/18/2006 10/20/2006
10/20/2006

1st document responses# 3 Exhibit C, sample installation work report page# 4 Exhibit D, 9/14/06 letter from Mulaire to Kaplan# 5 Exhibit E, 9/18/06 letter from Mulaire to Kaplan# 6 Exhibit F, 9/19/06 letter from Mulaire to Kaplan# 7 Exhibit G, Rule 37.2 certificate# 8 Exhibit H, 9/21/06 letter from Kaplan to Mulaire)(Mulaire, Justin) (Entered: 09/22/2006)
34 NOTICE of Motion by Justin Mulaire for presentment of motion to compel,, 33 before Honorable Ruben Castillo on 9/27/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 09/22/2006)
35 MINUTE entry before Judge Ruben Castillo : Settlement conference reset to 10/4/2006 at 4:30 p.m. Status hearing set for 10/12/2006 at 9:45 a.m. Defendant's response to Plaintiff's motion for order to show cause 30 is due on or before 10/5/2006. The Court will rule on 10/12/2006 at 9:45 a.m. Plaintiff's motion to compel disclosure of sales and work in progress reports or preclude evidence 33 is entered and continued to 10/12/2006 at 9:45 a.m. Defendant should file an evidentiary affidavit that the reports are not available by 10/5/2006. Mailed notice (rao, ) (Entered: 09/27/2006)
36 MINUTE entry before Judge Ruben Castillo : Settlement conference held in chambers on 10/4/2006. Progress made toward a settlement. Defendant's attorney is given until 10/13/2006 to make a formal offer to the EEOC with regard to: (1) an agreeable consent decree and (2) monetary damages in light of the Court's specific recommendations. The status hearing is reset to 10/19/2006 at 9:45 a.m. Status hearing set for 10/12/2006 is vacated. Plaintiff's motion for order to show cause 30 and motion to compel disclosure of sales and work in progress reports or preclude evidence 33 are entered and continued to 10/19/2006 at 9:45 a.m. Mailed notice (rao, ) (Entered: 10/05/2006)
37 RESPONSE to Plaintiff EEOC's Motion for Rule to Show Cause. (mb, ) (Entered: 10/10/2006)
38 AFFIDAVIT by Infinity Home Improvement, Inc. (mb, ) (Entered: 10/10/2006)
39 MEMORANDUM by Equal Employment Opportunity Commission in Support of motion for order to show cause,, 30, motion to compel,, 33 (Reply Memorandum) (Attachments: # 1 Exhibit 1, Transcript of Deposition of Mark Adams# 2 Exhibit 2, Financial data page# 3 Exhibit 3, Transcript of Deposition of Robert Heilman)(Mulaire, Justin) (Entered: 10/18/2006)
40 CERTIFICATE of Service by Justin Mulaire on behalf of Equal Employment Opportunity Commission regarding memorandum in support of motion, 39 (Mulaire, Justin) (Entered: 10/18/2006)
41 MINUTE entry before Judge Ruben Castillo : Status hearing held on 10/19/2006 and continued to 10/31/2006 at 9:45 a.m. Plaintiff's motion for order to show cause 30 is denied. Plaintiff's motion to compel disclosure of sales and work in progress reports or preclude evidence 33 is entered and continued to 10/31/2006 at 9:45 a.m. Defendant is directed to file an evidentiary affidavit regarding the sales report. Mailed notice (rao, ) (Entered: 10/20/2006)
42 OFFER of Judgment Pursuant to Rule 68 by Infinity Home Improvement, Inc. (mb, ) (Entered: 10/24/2006)

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10/20/2006 10/20/2006 10/24/2006
10/24/2006 10/25/2006 10/26/2006 10/31/2006
11/07/2006
11/17/2006 11/17/2006 11/20/2006
11/20/2006 11/20/2006

43 MOTION by Defendant Infinity Home Improvement, Inc. for summary judgment (mb, ) (Entered: 10/24/2006)
44 MEMORANDUM of Law in support of Motion for Summary Judgment by Infinity Home Improvement, Inc. (mb, ) (Entered: 10/24/2006)
45 MOTION by Plaintiff Equal Employment Opportunity Commission to strike MOTION by Defendant Infinity Home Improvement, Inc. for summary judgment43, memorandum in support of motion44 for failure to comply with Local Rule 56.1(a) (Mulaire, Justin) (Entered: 10/24/2006)
46 NOTICE of Motion by Justin Mulaire for presentment of motion to strike, motion for relief,,,, 45 before Honorable Ruben Castillo on 10/31/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 10/24/2006)
47 AMENDED RULE 56.1 Statement by Defendant (Exhibits) (mb, ) (Entered: 10/27/2006)
48 AFFIDAVIT of by Infinity Home Improvement, Inc. (mb, ) (Entered: 10/27/2006)
49 MINUTE entry before Judge Ruben Castillo : Motion hearing held. MOTION by Plaintiff Equal Employment Opportunity Commission to strike motion by Defendant Infinity Home Improvement, Inc. for summary judgment is entered and continued to 11/6/2006 at 4:30p.m. Mailed notice (slb, ) (Entered: 10/31/2006)
50 MINUTE entry before Judge Ruben Castillo : Counsel notified the Court that the parties have settled. This case is taken off the Court's active calendar and dismissed without prejudice subject to a dismissal with prejudice upon the submission of a full settlement and consent decree which are approved by the Court within the next 30 days. The trial date of 12/11/2006 is vacated. All motions are denied as moot. Mailed notice (rao, ) (Entered: 11/07/2006)
51 MOTION by Plaintiff Equal Employment Opportunity Commission to approve consent judgment (AGREED MOTION) (Attachments: # 1 Exhibit A, proposed consent decree)(Mulaire, Justin) (Entered: 11/17/2006)
52 NOTICE of Motion by Justin Mulaire for presentment of motion to approve consent judgment51 before Honorable Ruben Castillo on 11/22/2006 at 09:45 AM. (Mulaire, Justin) (Entered: 11/17/2006)
53 MINUTE entry before Judge Ruben Castillo : Parties' agreed motion for entry of consent decree 51 is granted. Enter Consent Decree. Enter Notice to Infinity Home Improvement (Gutter Helmet) Employees. Motion hearing set for 11/22/2006 is vacated. Mailed notice (mb, ) (Entered: 11/22/2006)
54 CONSENT DECREE Signed by Judge Ruben Castillo on 11/20/2006.(mb, ) (Entered: 11/22/2006)
55 NOTICE to Infinity Home Improvement (Gutter Helmet) Employees Signed by Judge Ruben Castillo on 11/20/2006.(mb, ) (Entered: 11/22/2006)

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