IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

CARRIE EVOLGA, ) 

 ) 

 Plaintiff ) Cause No.: 2:16-cv-00303 

 ) 

vs. ) 

 ) 

MODERN FORGE INDIANA, LLC, ) 

 ) 

 Defendant ) 

COMPLAINT FOR DAMAGES AND REQUEST FOR JURY TRIAL 

 Plaintiff, by counsel, and as her Complaint for Damages against Defendant, states as 

follows: 

PARTIES, JURISDICTION AND VENUE

 1. Plaintiff, Carrie Evolga, is a resident of Jasper County in the State of Indiana and 

former employee of Defendant. 

 2. Defendant, Modern Forge Indiana LLC (hereinafter "Modern Forge"), is a 

corporation doing business and employer as defined by 42 U.S.C. § 2000e(b), which conducts 

business in the State of Indiana. 

 3. Ms. Evolga filed a Charge of Discrimination (Charge 470-2016-00670) with the 

Equal Employment Opportunity Commission ("EEOC") on or about January 2016 alleging, inter 

alia, that Defendant had violated the Americans with Disabilities Act, 29 U.S.C. §1630, et. sec. 

 4. The Equal Employment Opportunity Commission issued to Ms. Evolga a 90-day 

Right to Sue letter on or about April 14, 2016. 

 5. Ms. Evolga invokes this Court’s federal question jurisdiction pursuant to 28 

U.S.C. §§ 1331 and 1343(a). 

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 6. Venue in this Court is proper pursuant to 28 U.S.C. § 1391. 

GENERAL FACTS & SPECIFIC ALLEGATIONS

 7. Plaintiff was employed in an office position for Defendant beginning on or about 

June 8, 2015. 

 8. The Defendant is a manufacturer of tools and equipment. 

 9. Plaintiff suffers from serious medical conditions that include thyroid disease, high 

cholesterol, high blood sugar, and depression. These conditions require Plaintiff to watch her 

diet. 

 10. Defendant's quality manager, and Plaintiff's supervisor, Brian Yazumbek 

questioned Plaintiff about her diet and Plaintiff shared with him the nature of her serious health 

conditions. 

 11. On or about August 6, 2015, Defendant terminated Plaintiff's employment 

claiming she was not a good fit. 

COUNT I

 12. Plaintiff incorporates by reference Paragraphs one (1) through eleven (11) above. 

 13. Plaintiff suffers from a disability as defined by the Americans with Disabilities 

Act, namely thyroid disease, high cholesterol, high blood sugar, and depression. 

 14. Defendant discriminated against Ms. Evolga on the basis of her disability or 

perceived disability when it terminated her employment. 

 15. Plaintiff was able to perform the essential elements of his job without reasonable 

accommodation. 

 16. Ms. Evolga’s disability was the motivating factor in Defendant’s decision to 

terminate her employment. 

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 17. Similarly situated nondisabled employees were treated more favorably than 

Plaintiff. 

 18. These actions violated Ms. Evolga's rights under the Americans with Disabilities 

Act, 29 U.S.C. §1630 et seq. 

 19. As a result of the foregoing, Ms. Evolga has sustained damages including, but not 

limited to, lost wages and benefits, emotional suffering, anguish, embarrassment and humiliation. 

 20. As a result of Defendant’s actions, Ms. Evolga has incurred attorney fees and 

costs. 

 31. Defendant’s actions were done with malice or willful reckless disregard to Ms. 

Evolga's rights. 

 WHEREFORE, Plaintiff prays for judgment against Defendant, an award of damages 

sufficient to compensate Plaintiff for her injuries, including lost pay and benefits, compensatory 

damages, and for an award of Plaintiff’s attorney fees and costs incurred herein, and for all other 

appropriate relief. 

 Respectfully submitted, 

 HENN HAWORTH CUMMINGS 

 /s/ Paul J. Cummings

 David M. Henn, 18002-49 

 Paul J. Cummings, 22714-41 

 

REQUEST FOR JURY TRIAL

 Plaintiff, by counsel, respectfully requests this cause be tried by jury. 

 Respectfully submitted, 

USDC IN/ND case 2:16-cv-00303-RL document 1 filed 06/28/16 page 3 of 4
 HENN HAWORTH CUMMINGS 

 /s/ Paul J. Cummings

 David M. Henn, 18002-49 

 Paul J. Cummings, 22713-41 

HENN HAWORTH CUMMINGS 

625 North Madison Avenue, Suite A 

Greenwood, IN 46143 

(317) 885-0041; 

(888) 308-6503 Fax

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