UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION, 

 PLAINTIFF, 

 VS. 

SVT, L.L.C., D/B/A ULTRA FOODS, 

 DEFENDANT. 

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CAUSE NO. 2:13-CV-245-RLM-PRC

AMENDED CONSENT DECREE 

The Equal Employment Opportunity Commission (“Commission” or 

“EEOC”) instituted Civil Action No. 2:13-cv-0245 under the authority granted by 

Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 

42 U.S.C. § 2000e-5(f)(1) and (3) and 2000e-6 (“Title VII”), and Section 102 of 

Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The EEOC’s action was 

brought to correct unlawful employment practices on the basis of sex. In its 

Complaint, the EEOC alleged that Defendant, SVT, L.L.C. (“SVT”): (i) failed to 

hire qualified female night crew stockers applicants at its Merrillville, IN Ultra 

Foods’ store no. 8781 based on their sex, female; and (ii) failed to make and 

preserve records as required by Title VII. SVT, L.L.C. has not admitted to any of 

the alleged violations and specifically denies the allegations. 

The Commission and SVT hereby stipulate to the jurisdiction of the Court 

over the parties and the subject matter. 

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The parties have advised the Court that they desire to resolve Civil Action 

No. 2:13-cv-0245 without the burden, expense, and delay of further litigation. 

The court GRANTS their joint motion for entry of consent decree (Doc. No. 113) 

and GRANTS the EEOC’s motion to amend Attachments B and C (Doc. No. 116). 

The correct Attachments B and C are included in this Amended Consent Decree. 

It is, therefore, the finding of the Court, based on the pleadings and the 

record as a whole, that: (1) the Court has jurisdiction over the parties and the 

subject matter of this action; (2) implementation of this Decree will advance the 

purposes and provisions of Title VII; and (3) this Consent Decree resolves all 

claims in controversy in this lawsuit. 

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: 

PART ONE: GENERAL PROVISIONS

Section 101: Non-Discrimination in Employment

SVT shall comply with all provisions of Title VII. In particular, SVT is 

enjoined from discriminating against any applicant or employee on the basis of 

sex and will maintain a work environment that is free from such discrimination. 

Section 102: Non-Retaliation 

SVT is enjoined from retaliating or discriminating against any of its 

applicants for employment, employees, or former employees because the 

individual has (a) made a charge or opposed an unlawful employment practice 

under Title VII or any other law enforced by the EEOC or (b) assisted or 

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participated in any manner in an investigation, proceeding, or hearing under 

Title VII or any other law enforced by the EEOC. 

Section 103: Record Retention 

SVT will maintain all applications, interview notes including those 

concerning unsuccessful applicants, and other employment records as required 

by Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and 29 C.F.R. § 1602.14. 

SVT will retain all such employment records throughout the duration of this 

Consent Decree. SVT will keep all such records pertaining to the hiring or 

placement of its employees, including but not limited to all applications, 

interview notes of both successful and unsuccessful applicants, and notes 

pertaining to placement of new hires, all sign-up sheets or applications 

concerning any job openings, any interview notes for the same, audit forms. SVT 

will organize a secure file cabinet located in each store for storing all documents 

as required by this paragraph throughout the term of this Consent Decree. 

PART TWO: POSTING AND TRAINING

Section 201: Posting

SVT shall, within five days of entry of this decree, post the Notice of NonDiscrimination Policy (Attachment A) in a conspicuous manner visible to 

applicants and employees at its stores in Indiana. Said Notices shall remain 

posted throughout the term of this Decree. 

Section 202: Manager/Supervisor Training

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SVT shall provide annual training for all supervisory and management 

employees of Store No. 8781 whose duties include any role in hiring and/or 

position placement, including those supervisors and managers who worked at 

Store No. 8781 from January 1, 2010 through June 30, 2014, but who have 

relocated to other stores. This training shall last approximately two hours and 

will cover: (a) the record-keeping obligations of Title VII and (b) what constitutes 

unlawful employment practices under Title VII. At a minimum, this training will 

cover: stereotyping and how to avoid subjective bias in hiring and placement; the 

prohibition on making hiring or job placement decisions on the basis of sex; 

Title VII’s prohibitions against retaliation; and the obligation to retain 

applications, interview notes; and other documents pertaining to the hiring 

and/or placement of employees. 

The training shall be conducted within 90 days of the date of entry of this 

Decree, and will be repeated no later than 12, 24, and 36 months thereafter, with 

appropriate updates and revisions. All costs associated with the annual 

trainings will be borne by SVT. 

No fewer than 30 days after the entry of this Decree, SVT shall contact a 

vendor of its choice to begin arranging the time and location for the first annual 

training. Thirty days before each training session, SVT shall provide notice to the 

EEOC of the date, time, and place of the training, and will send to the EEOC a 

copy of the training program and all written materials to be used. SVT shall 

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report completion of the training including identification of attendees by name, 

title and store number no later than fifteen days after each training. 

Section 203: Training of All Newly Hired Management

SVT shall, within 90 days of the Consent Decree’s effective date, provide one 

two-hour EEO/anti-discrimination training for all new supervisory and 

management employees that will, at a minimum, cover the topics in the first 

paragraph of Section 202. 

PART THREE: EMPLOYMENT PRACTICES

Section 301: General Record Retention Policy 

Within 30 days of the entry of this Consent Decree, SVT will adopt a written 

policy requiring all managers and supervisors to retain all employment records 

as required by Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and 29 C.F.R. 

§ 1602.14. 

The policy will make clear that “employment records” include handwritten 

or typed notes of conversations with applicants or of applicants’ answers to 

interview questions and other informal written documents concerning the same. 

SVT shall report the implementation of this written policy no later than fifteen 

days after its adoption including a copy of the written policy. 

Section 302: Non-Retaliation Policy 

Within 30 days of the entry of this Consent Decree, SVT will affirm (or revise 

to the extent necessary to comply with this provision) its written policy of nonUSDC IN/ND case 2:13-cv-00245-RLM-PRC document 117 filed 07/13/15 page 5 of 27
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discrimination and non-retaliation in the workplace, which will, among other 

things, include contact information for at least one person at SVT, L.L.C. to 

whom employees may report discrimination or retaliation. A copy of this policy 

will be provided to all employees. SVT shall report implementation of this written 

policy no later than 15 days after its adoption including a copy of any such 

written policy. 

Section 303: Preferential Hiring 

 For the duration of this Consent Decree as described below in Section 

1101, SVT shall, subject to valid, lawful criteria that is applicable to all new hires 

for the night crew stocker position at the time this consent decree is entered, 

offer one of every four night crew stocker openings at its Merrillville, Indiana 

store no. 8781 to a female applicant from a list of qualified class members 

provided by the EEOC until the list has been exhausted. The list shall be 

comprised of those female class members who return a timely claim form 

indicating that they wish to obtain a night crew stocker position at Store 8781. 

If any female from the list rejects an offer, SVT shall continue to offer the job to 

another female from the list until the position is filled or everyone on the list has 

been offered and has rejected the offer. SVT shall keep a record listing the name, 

date, and result of any such offers until the list has been exhausted. 

Any female offered an open night crew stocker position pursuant to this 

agreement shall have no fewer than sixty hours from receipt of the offer to accept 

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the offer. And, upon request, any female offered a position shall have no fewer 

than two weeks to begin work. 

Any female hired in compliance with this section from the list provided by 

the EEOC shall be hired into the open night crew stocker position under terms 

and conditions, including rate of pay, no less favorable than the terms and 

conditions for the position at the time of placement. 

Section 304 – General Hiring and Recruitment 

 For the duration of this Consent Decree as described below in Section 1101, 

SVT shall, subject to valid, lawful criteria that is applicable to all new hires for 

the night crew position at the time this consent decree is entered, establish a 

protocol requiring that all applications submitted by a person SVT believes to be 

a female applicant during the two weeks prior to the date a night crew stocker 

becomes open will be reviewed by a hiring manager and considered for 

employment if qualified. SVT agrees that applications for the night crew stocker 

position from qualified females shall not be passed over in favor of equally or less 

qualified male applicants. 

Whenever a female candidate is placed into a night crew stocker position in 

compliance with this section, that individual shall receive a wage no less 

favorable that the existing rate of pay for the position at the time of placement. 

In order to recruit female applicants for the night crew stocker position at 

store no. 8781, SVT shall establish a continuing relationship with the local Work 

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One Centers in Lake and Porter, Indiana counties and advertise any open night 

crew stocker positions at Work One Centers in those counties. Whenever a 

female candidate is placed into a night crew stocker position in compliance with 

this section, that individual shall receive a wage no less favorable than the 

existing rate of pay for the position at the time of placement. 

PART FOUR: MONETARY RELIEF FOR CLASS MEMBERS

Section 401: Definition of Class

For purposes of this Consent Decree, the class members consist of those 

minimally qualified females who, between January 1, 2010 and June 30, 2014, 

applied for a night crew stocker at store no. 8781 during the same time period a 

successful male candidate applied and was hired at store no. 8781 and who at 

the time of filing this consent decree is participating in the EEOC’s lawsuit as a 

represented class member. Attachment B is a list of names of those class 

members. 

Section 402: Damages 

SVT shall pay $200,000 in monetary relief to the EEOC’s class pursuant 

to the direction of the EEOC and as detailed below. The amount will be used to 

pay $60,000 in back pay and $140,000 in compensatory damages. This amount 

shall be placed by SVT in an interest bearing escrow fund no later than 21 

business days of the entry of this Decree. Any interest which accrues shall be 

applied toward class member awards and the interest shall be distributed on a 

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pro-rata basis to class members. At its option, SVT and/or its insurance carrier, 

Ace Group, Inc., may produce a letter confirming $200,000 in reserves have been 

set aside for settlement. 

Section 403: Determination of Individuals Who Will Get Relief 

The EEOC will determine which class members will receive a share of the 

damages fund, and in what amounts. SVT shall not participate or have any role 

in determining eligible class members or amounts payable to such individuals. 

The EEOC’s determinations may be subject to review at a fairness hearing 

conducted by the Court. SVT will not challenge the EEOC’s determinations. 

Section 404: SVT’s Responsibility for Withholding 

SVT shall be responsible for paying its share of all applicable payroll taxes 

for the settlement funds attributable to back wages paid to each claimant. SVT 

shall issue a W-2 for any payment of back wages, and all withholding required 

by law shall be deducted from the same. SVT shall make and be responsible for 

paying its employer share of any costs, taxes or social security required by law 

to be paid by SVT. 

SVT shall issue a form 1099 for non-work related, compensatory damages 

paid to any claimant. SVT shall not withhold any amounts from payments to any 

claimant for compensatory damages. 

PART FIVE: CLAIMS PROCESS AND FAIRNESS HEARING

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Section 501: Claim Form 

Within 30 days of entry of this Consent Decree, the EEOC will send, via U.S. 

mail, a Notice (Attachment C) with a Claim Form (Attachment D) to the class 

members at their last known address. If any notices are returned to the EEOC 

as undeliverable, the EEOC will attempt to find a more current address for those 

individuals. If a more current address is found, the Commission promptly will 

re-mail the Notice and Claim Form to the more current address. 

Section 502: Class Members Eligible for Relief

To be eligible for relief, a class member must return a claim form to the 

EEOC with a postmark or via hand-delivery no later than 45 days after the EEOC 

has mailed the last Notice pursuant to Section 501. Those individuals for whom 

the EEOC is unable to find a valid current address will not be eligible for relief 

under this Consent Decree. 

Section 503: Disqualification for Failure to Update Address

A class member eligible for relief may be disqualified from receiving relief 

under this Consent Decree if the individual fails to notify the EEOC of an address 

change. 

Section 504: Notice of Proposed Distribution

No later than 120 days after the EEOC has mailed the last Notice pursuant 

to Section 501, the EEOC will file with the Court a list of class members who are 

eligible for relief under this Consent Decree, itemizing the amount of damages 

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for each individual. The Court will then issue a notice of proposed distribution 

(Attachment E). The Commission will promptly serve that notice via U.S. mail on 

all class members for whom the EEOC has a current address. 

Section 505: Letters of Disagreement

Individuals may submit to the Court letters indicating any disagreement 

with the proposed distribution, including any disagreement they may have with 

not being listed among the individuals who will receive an award or as to the size 

of any payment. 

This procedure will be the sole means by which individuals may challenge 

the proposed distribution under this Consent Decree.

Section 506: Fairness Hearing

If no letters of disagreement (Section 505) are submitted to the Court within 

60 days of the EEOC’s service of the notice of proposed distribution (Section 

504), the Court will issue a final order of distribution. 

If a letter of disagreement (Section 505) is submitted to the Court within 60 

days of the EEOC’s service of the notice of proposed distribution (Section 504), 

the Court will schedule a fairness hearing. The Court will serve notice of the 

fairness hearing on the parties and any individuals who have submitted a letter 

of disagreement to the Court. At the fairness hearing, individuals who have 

submitted letter objections will have an opportunity to be heard. At the 

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conclusion of the fairness hearing, the Court will render any appropriate rulings, 

including a final order of distribution. 

Section 507: Payments to Class Members

Within five business days of the Final Order of Distribution, the EEOC shall 

notify SVT of the current address for each class member who will receive a 

payment. The EEOC shall furthermore forward a release (see Attachment F) and 

W-4 forms to each class member. The Commission will notify counsel for SVT 

and verify receipt of any executed release and completed W-4 form the class 

member, and shall forward W-4 forms to SVT, L.L.C. Then, within 21 days of 

receipt of any W-4 form, SVT, shall mail checks, by certified mail, to class 

members in accordance with the Court’s final order of distribution (Section 506). 

SVT shall mail a copy of any issued checks and proof of their delivery (a signed 

certified mail receipt) to the Commission. Payment checks shall be accompanied 

by a statement detailing all deductions. Upon receipt of proof of delivery of the 

checks, the Commission shall forward the release to counsel for SVT. 

PART SIX: CONTINGENCY FOR REMAINING FUNDS 

If for whatever reason any part of the $200,000 in funds intended for the 

class members under this Consent Decree is unable to be paid as designated 

above, the remainder shall be tendered in equal donations to Gabriel’s Horn 

Homeless Shelter in Porter County, Indiana and the Caring Place in Valparaiso, 

Indiana. If either entity is unable or unwilling to accept donations, the remainder 

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shall be split evenly among the class members who receive an award pursuant 

to this Decree.

PART SEVEN: ADDITIONAL REPORTING REQUIREMENTS

Section 701: Initial Report

Within 120 days of entry of this Consent Decree, SVT will submit a report 

to the EEOC detailing compliance with this Decree. SVT will certify to the EEOC’s 

Regional Attorney that it has complied with Sections 201, 301, 302, 303, 304, 

305, and 402. SVT will certify that it has in place a secure file cabinet pursuant 

to Section 103. SVT will provide a copy of each policy adopted, affirmed or 

revised pursuant to Section 301 and 302 and a copy of the hiring record required 

by Section 303. 

Section 702: Annual Reports

SVT shall submit at least three annual reports, the first due no later than 

one year after the entry of the Consent Decree by the District Court and the 

others subsequently every 12 months for the effective duration of this Decree. 

In each report, SVT shall include the following information: 

1. the dates and topics of all training programs offered concerning Title 

VII; 

2. a copy of all written materials relied on or disseminated at each training 

program; 

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3. the name and position of each individual who attended each training 

program; 

4. a list of employees, identified by name and position, who in the previous 

12-month period have complained of gender discrimination in hiring at 

store 8781 or any SVT store in which the complaint concerns any 

manager or supervisor who worked at Store 8781 and was involved in 

any way in hiring from January 1, 2010 through June 30, 2014; 

5. the results of any investigation of a complaint of gender in hiring 

discrimination as described in subparagraph (iv), including all non 

privileged notes and witness statements; 

6. any actions taken by SVT in response to a complaint of gender 

discrimination in hiring per subparagraph (iv); 

7. until such list has been exhausted, the record required by Section by 

303 listing the name, date, and result of any such offers made to a 

female applicant from a list of qualified class members provided by the 

EEOC; and 

8. a computerized list of all female applicants who applied pursuant to 

Section 304 indicating whether that female applicant was interviewed, 

hired or rejected for a night crew stocker position at Store 8781, and if 

rejected, an explanation and contact information for that female 

applicant. 

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Additionally, SVT will certify that it has complied with Part Seven of this Consent 

Decree in the appropriate annual report. 

Section 703: Reporting Process

All reports to the EEOC under this Consent Decree will be sent to the 

attention of Laurie A. Young, Regional Attorney, or her successor, Equal 

Employment Opportunity Commission, 101 West Ohio Street, Suite 1900, 

Indianapolis IN 46204-4239. 

PART EIGHT: ADMINISTRATION OF THE DECREE

Section 801: Role of EEOC

The EEOC may review compliance with this Decree. As part of such review, 

the EEOC may inspect the premises, interview employees, and examine and copy 

documents. From time to time, the Commission may request the opportunity to 

review all, or a portion, of SVT’s applications, sign-up sheets, employment 

records, and/or any other record maintained pursuant to Section 103 above. 

Within five business days of such a request, SVT will make available to the 

Commission for inspection the secured cabinet established pursuant to Section 

103 above and any records the EEOC has requested to inspect. 

Section 802: Costs of Administration

SVT shall bear all costs, including the costs of postage and certified mailing, 

of administering the settlement and payment of relief to class members as 

provided in this Consent Decree. In no event however, shall SVT L.L.C. be 

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responsible for payment of any administrator, overhead costs, and/or labor costs 

incurred by the EEOC other than that which is designated herein previously 

approved by SVT, L.L.C. and/or ordered by the Court. 

Section 803: EEOC Monitoring

In the event that the EEOC alleges that a violation of this Decree has 

occurred, the EEOC shall give notice in writing specifically identifying the alleged 

violation to SVT. SVT shall have ten days in which to investigate and respond to 

the allegation. Thereafter, the parties will have a period of 15 days, or such 

additional period as may be agreed upon by them, in which to negotiate and 

confer regarding such alleged violation before the EEOC may exercise any 

remedy provided by law, including seeking sanctions and/or seeking a finding 

from the United States District Court presiding over the matter that SVT is in 

contempt of this order. 

Section 804: Exigent Circumstances 

Section 803 shall not be construed to prevent the EEOC from promptly 

seeking court relief when exigent circumstances require immediate Court 

attention to prevent a serious violation of this Decree, which would otherwise be 

without meaningful remedy. The moving documents filed with the Court shall 

explain all supporting facts and circumstances that allegedly require immediate 

Court attention. 

PART NINE: COSTS

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Except as otherwise noted in this Consent Decree, each party will bear its 

own costs of the litigation. 

PART TEN: DECREE BINDING ON SUCCESSOR 

This decree shall be binding on SVT and its successors and assigns in 

interest, which are retail grocers. If, however, SVT sells all or substantially all of 

its assets, to another non-related person or entity within 3 years of signing this 

decree, SVT shall provide notice to the Commission of any transfer of ownership 

within thirty days after the definitive agreement for sale of the business or the 

actual date of sale of the business, whichever occurs earliest. 

PART ELEVEN: RETENTION OF JURISDICTION

Section 1101: Term of the Decree

The term of this Consent Decree shall be for three years following the date 

of entry of this Decree. 

Section 1102: Retention of Jurisdiction

The Court will retain jurisdiction of this cause for three years for purposes 

of monitoring compliance with the Consent Decree and entry of such further 

orders or modifications as may be necessary or appropriate. 

 SO ORDERED. 

 ENTERED: July 13, 2015 

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 /s/ Robert L. Miller, Jr. 

 Judge 

 United States District Court 

 

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EMPLOYEE 

NOTICE

Posted Pursuant to a Consent Decree Resolving a Civil Action 

alleging Employment Discrimination on the Basis of Sex 

This Notice is posted pursuant to a Consent Decree resolving alleged 

employment discrimination in hiring lawsuit filed by the Equal Employment 

Opportunity Commission against SVT, L.L.C. d/b/a/ Ultra Foods in the United 

States District Court for the Northern District of Indiana, Civil Action 

No. 2:13-cv-245. 

Federal law prohibits discrimination against any employee, former employee, 

or job applicant because of the individual=s sex, race, color, religion, 

national origin, age (over 40), disability, or genetic information. 

Federal law also prohibits retaliation of any kind against any person who 

has opposed any practice made unlawful under federal law or because an 

individual has filed a charge, testified, assisted, or participated in any 

manner in an investigation, proceeding, or hearing. 

SVT, L.L.C. supports and complies with such Federal law in all respects and 

will not take any actions against employees because they have exercised 

their rights, reported an alleged violation under the law or have given 

testimony, assistance or participation in any investigation, proceeding or 

hearing conducted by the U. S. Equal Employment Opportunity Commission. 

If you have any complaints of discrimination, you may contact the EEOC at 

the address or telephone number given below. An employee has the right, and 

is encouraged to exercise that right, to report allegations of employment 

discrimination in the workplace. An employee may contact the U. S. Equal 

Employment Opportunity Commission for the purpose of filing a charge of 

employment discrimination.

Questions concerning this notice may be addressed to: 

Equal Employment Opportunity Commission 

101 West Ohio Street, Suite 1900 

Indianapolis, Indiana 46204-4239 

(317) 226-7212, (317) 226-7848, or (800) 669-4000 

TTY (317) 226-5162 

ATTACHMENT A 

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List of Class Members 

To Accompany Section 401 of the Consent Decree in 

EEOC v. SVT, L.L.C, Civil Action No. 2:13-cv-245 

Denise Abrams

Alyssa Adams

Victoria Bowie

Stephanie Burke

Dorothy Carter

Julie (Chelich) Dearing

Denise Gill

Chitara Gray‐Meauhead

Elise Hall

Jasmine Harris

Penita Harris

Dana Henle

Barbara Johnson

Tiffany Lewis

Jasmine Litt

Amber Manning

Nicole Miller

Kenya Moffett

Nicole Murray

Rebecca Navarro

Shavonne Reynolds

Chiquitta Rivers

Crystal Ross

Janae Sellers

Rochea Smith

Tiffany Swagerty

Denise Wozniak

ATTACHMENT B 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

EQUAL EMPLOYMENT OPPORTUNITY ) 

COMMISSION, ) 

 ) 

 Plaintiff, ) 

 ) 

 vs. ) Case No.: 2:13-CV-245 

 ) 

SVT, L.L.C ) 

 ) 

 Defendant. ) 

NOTICE OF PROPOSED SETTLEMENT

The United States Equal Employment Opportunity Commission (“EEOC”) is 

an agency of the United States that enforces Title VII of the Civil Rights Act of 

1964, which prohibits, among other things, discrimination in employment on the 

basis of sex. The EEOC and SVT, L.L.C. have asked that the District Court for the 

Northern District of Indiana enter a Consent Decree to resolve a lawsuit filed by the 

EEOC against SVT, L.L.C. The lawsuit alleges, among other things, that SVT, 

L.L.C. unlawfully discriminated against females in the hiring of night crew stockers 

at its Ultra Foods, Merrillville, IN store no. 8781. SVT, L.L.C. has not admitted to 

any of the alleged violations and specifically denies the allegations. You are being 

notified because you may be eligible to participate in the settlement. TO 

PRESERVE YOUR RIGHTS, YOU MUST FILL OUT AND RETURN A TIMELY 

CLAIM FORM. In order to participate, you must meet the following requirements: 

 You are female. 

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 You were generally available to work between 10:00 p.m. and 8:00 a.m. 

most days of the week. 

 You applied for a night crew stocker position at SVT L.L.C.’s Ultra 

Foods Merrillville, IN store no. 8781 between January 1, 2010 and 

June 30, 2014 during a time when it hired a male applicant. 

 You fill out and return both pages of the Claim Form enclosed. 

 You must keep the EEOC informed of your current address and phone 

numbers if you move or they change. 

Even if you have already had contact with the EEOC or have spoken with an 

individual at the EEOC, you must still fill out and return a Claim Form. 

If you have any questions, you may call the EEOC at (317) 226-7215. You do 

not need to call in order to participate in the settlement, but you must return a 

completed Claim Form. 

All claims will be reviewed by the EEOC to determine eligibility for 

participation in settlement. 

ATTACHMENT C – Page 2 of 2 

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-23- 

<NAME> 

<ADDRESS> 

CLAIM FORM 

EEOC v. SVT, L.L.C, Case No. 2:13-cv-245

1. Correct legal name (please print) 

2. Current address and phone numbers: 

 (You must inform the EEOC of any 

change in address or phone #.) 

 

3. Are you a female? (Circle) YES NO 

4. Social Security Number: 

(This is needed to pay you back wages.) 

5. Do you still wish to obtain a night crew 

stocker position at SVT’s Merrillville IN 

(Broadway St.) store? 

YES NO

 

 If yes, are you generally able to work 

between 10:00 p.m. and 8:00 a.m. most 

days of the week? 

YES NO 

 

ATTACHMENT D – Page 1 

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-24- 

I solemnly affirm under penalty for perjury that the information provided 

on the preceding page is true. I understand that providing false information 

to the EEOC may disqualify me from participating in the settlement even 

if I am otherwise qualified. 

Dated: 

 (Signature) 

Claims Forms must be promptly returned to: 

Monica Guest 

EEOC Claims Officer for EEOC v. SVT, L.L.C 

U.S. Equal Employment Opportunity Commission 

101 West Ohio Street, Suite 1900 

Indianapolis IN 46204-4239 

ATTACHMENT D – Page 2 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION, 

 PLAINTIFF, 

 VS. 

SVT, L.L.C., D/B/A ULTRA FOODS, 

 DEFENDANT. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CAUSE NO. 2:13-CV-245-RLM-PRC

 

NOTICE OF PROPOSED DISTRIBUTION

The Court now issues this Notice of Proposed Distribution, to be sent to all 

Class Members. Pursuant to Section 504 of the Consent Decree entered in this 

case, the Equal Employment Opportunity Commission has filed a list of class 

members who are eligible for relief under the Decree, itemizing the amount of 

damages for each individual. The Court now ORDERS that that list, along with 

this Notice, be served on all class members for whom the EEOC has a current 

address. 

If any individual class member has an objection to the proposed distribution 

of funds, that class member shall send to the Court, within 30 days of this Notice, 

her objection, specifically explaining the objections and the grounds for it. Any 

objection shall include the Civil Action Number for this case (2:13-cv-245) and 

be sent to the following address: 

ATTACHMENT E – Page 1 

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Clerk for the United States District Court 

U.S. Courthouse/5400 Federal Plaza, 

Hammond, Indiana, 46320 

Those class members who have no objection to the proposed distribution should 

NOT send anything to the Court. Any individuals may direct questions to the 

EEOC at the following address or telephone number: 

Equal Employment Opportunity Commission 

101 West Ohio Street, Suite 1900 

Indianapolis IN 46204-4239 

(317) 226-<> 

Individuals are cautioned, however, that the only way to preserve a disagreement 

with the proposed distribution is to submit a letter to the Court as set forth 

above. 

SO ORDERED. 

Date: 

United States District Court 

Northern District of Indiana 

ATTACHMENT E – Page 2

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RELEASE 

In consideration for $_______________ in backpay (less any applicable taxes 

or withholdings), and $________________________ in compensatory paid to me by 

SVT, L.L.C., in connection with the resolution of Equal Employment Opportunity 

Commission v. SVT, L.L.C., Civil Action No. 2:13-cv-245, I waive my right to 

recover for any claims of sex discrimination in hiring arising under Title VII that 

I may have had against SVT, L.L.C. prior to the date of this release and that were 

included in the claims alleged in EEOC’s complaint in Equal Employment 

Opportunity Commission v. SVT, L.L.C., Civil Action No. 2:13-cv-245. 

 IN WITNESS WHEREOF, this Release is signed and executed by me on the 

_______ day of _______________, 2015. 

 ______________________________ 

 Name 

 

County of ) 

 )SS 

State of ) 

 Subscribed and sworn to before me this ______ day of ____________, 2015. 

 _____________________________ 

 Notary Public 

ATTACHMENT F

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