Case 4:13-cv-00205-SEB-WGH Document 1 Filed 12/23/13 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRIGHT PETROLEUM INC.

)

d/b/a THE BRIGHT MARKET

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO. 4:13-CV-205
COMPLAINT JURY TRIAL 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 retaliation and to

provide appropriate relief to Michelle Bunte. As alleged with greater particularity in paragraphs

seven through eleven below, the Commission alleges that Defendant retaliated against Michelle

Bunte by subjecting her to unwarranted scrutiny, discipline and termination because she filed a

charge of discrimination with the Commission.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to 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) (“Title VII”), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Indiana, New Albany Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “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 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Bright Petroleum Inc. d/b/a The Bright Market (“Defendant Employer”) has continuously been an Indiana corporation doing business in the State of Indiana 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, Michelle Bunte filed a charge with the Commission alleging a violation of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 5, 2012, Defendant Employer has engaged in unlawful employment practices, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by subjecting Michelle Bunte to increased scrutiny and discipline and terminating her because she filed a sex discrimination charge with the Commission.
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8. Michelle Bunte filed a sex discrimination charge with the EEOC and on June 28, 2012, a Notice of Charge of Discrimination was mailed to Defendant Employer, indicating “(S)igned charge to follow at later date.”
9. Defendant Employer received the Notice of Charge of Discrimination on or about July 5, 2012 and shortly thereafter confronted Bunte about her charge and told her that she should discuss matters with management first, before going to the Commission.
10. On or about July 30, 2012, Defendant Employer received Bunte’s signed charge of sex discrimination. Defendant Employer met with Bunte that day, asked her why she hadn’t dropped her discrimination charge and warned that Bunte’s job was in jeopardy because of her discrimination charge.
11. After learning of Bunte’s charge of discrimination, Defendant Employer subjected Bunte to increased scrutiny and discipline and ultimately terminated her on August 16, 2012, in retaliation for filing and maintaining a charge of discrimination with the Commission, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).
12. The effect of the practices complained of in paragraphs 7, 9, 10 and 11 above has been to deprive Michelle Bunte of equal employment opportunities and otherwise adversely affect her status as an employee, because she exercised her rights under Title VII of the Civil Rights Act of 1964.
13. The unlawful employment practices complained of in paragraphs 7, 9, 10 and 11 above were intentional.
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14. The unlawful employment practices complained of in paragraphs 7, 9, 10 and 11 above were done with malice or reckless indifference to the federally protected rights of Michelle Bunte.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with it, from engaging in retaliation or any other employment practice which discriminates on the basis of having filed a charge with the Commission or otherwise invoking the protections of Title VII or assisting others in doing so. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities and which eradicate the effects of the alleged past and present unlawful employment practices. C. Order Defendant Employer to make whole Michelle Bunte, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices described in paragraphs 7, 9, 10 and 11. D. Order Defendant Employer to make whole Michelle Bunte by providing compensation for past and future pecuniary and non-pecuniary losses resulting from the unlawful employment practices described in paragraphs 7, 9, 10 and 11 above, including emotional pain, suffering, and inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
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E. Order Defendant Employer to pay Michelle Bunte punitive damages for its malicious and reckless conduct described in paragraphs 7, 9, 10 and 11 above, in amounts to be determined at trial.
F. Order Defendant Employer to make whole Michelle Bunte, by providing rightful place instatement.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, s/Laurie A. Young LAURIE A. YOUNG, #11480-49 Regional Attorney s/Michelle Eiselle MICHELLE EISELE, #12070-49 Supervisory Trial Attorney s/Nancy Dean Edmonds NANCY DEAN EDMONDS Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 W. Ohio St., Suite 1900 Indianapolis, IN 46204 (317) 226-7229 Nancy.edmonds@eeoc.gov
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 Case 4:13-cv-00205-SEB-WGH Document 38 Filed 12/19/14 Page 1 of 9 PageID #: 122

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRIGHT PETROLEUM INC.

)

d/b/a THE BRIGHT MARKET

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO. 4:13-CV-205-SEB-WGH

Consent Decree

The Equal Employment Opportunity Commission (“Commission”) filed this

action against Bright Petroleum d/b/a The Bright Market (“Bright”) on December

23, 2013, alleging that Bright retaliated against Michelle Bunte by subjecting her to

unwarranted scrutiny, discipline and termination because she filed a charge of

discrimination with the Commission.

Bright ceased doing business on December 30, 2013 and the parties have

advised the Court that they desire to resolve the allegations in the Complaint

without the burden, expense and delay of further litigation. The Commission,

Bright, and former Bright shareholders and/or officers, June Tucker and Jay

Tucker, hereby stipulate to the jurisdiction of the Court over the parties, over

themselves, and to the subject matter of this action.

It is therefore the finding of this Court, based on the record as a whole, that:

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(1) the Court has jurisdiction over the parties, over shareholders and/or officers Jay Tucker and June Tucker, and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; and (3) this Consent Decree resolves all the matters in controversy between the parties as provided in paragraphs 1 through 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: A. Injunctive Relief
1. For any business owned, managed, or operated by June Tucker or Jay Tucker, they and their officers, managers and employees are permanently enjoined from discriminating or retaliating against any person: (i) because of opposition to any practice made unlawful under Title VII; (ii) because such person files a Charge of Discrimination alleging an unlawful employment action; or (iii) because such person participates in any manner in any investigation, proceeding, or hearing under Title VII.
B. Monetary Relief 2. Bright, through its shareholders and/or officers June Tucker and Jay
Tucker, shall pay to Michelle Bunte the total amount of $15,000. This amount represents compensatory and punitive damages. June Tucker and Jay Tucker shall be jointly and severally liable for this amount. The total settlement amount shall be paid in accordance with and subject to the terms of paragraphs 3 through 10, below.
3. Bright, through its shareholders and/or officers June Tucker and Jay
2

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Tucker, will issue an Internal Revenue Service Form 1099 for the $15,000 compensatory and punitive damages payment. All tax forms or payments required by this Decree shall be sent by certified mail to Michelle Bunte at 26323 Dog Ridge Rd. Brookville, IN 47012.
4. No more than five days after the entry of this Decree by the Court, the Commission will forward a release to Ms. Bunte for her execution. A copy of the release is attached hereto as Appendix A. The Commission will notify counsel for Bright upon receipt of the release executed by Ms. Bunte and provide counsel with a copy thereof. Within five days of the Commission’s transmission of a copy of the release signed by Ms. Bunte, Bright, through its shareholders and/or officers June Tucker and Jay Tucker, shall mail a check in the amount of $2500 to Ms. Bunte. Bright, through its shareholders and/or officers June Tucker and Jay Tucker, shall mail a copy of the check and proof of its delivery (a signed certified mail receipt) to the Commission in care of Laurie A. Young, Regional Attorney for the Indianapolis District, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204, within 3 business days of mailing the check to Ms. Bunte.
5. The remaining $12,500 due to Ms. Bunte shall be paid on a monthly basis. Checks in the amount of $568.18 shall be mailed, via certified mail, to Ms. Bunte, no later than the fifth day of each month, for a 22 month period. Such payments shall begin January, 2015. Bright, through its shareholders and/or officers June Tucker and Jay Tucker, shall mail a copy of each check and each proof
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of its delivery (a signed certified mail receipt) to the Commission in care of Laurie A. Young, Regional Attorney for the Indianapolis District, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204, within 3 business days of mailing the check to Ms. Bunte.
6. Any monthly payment mailed to Ms. Bunte postmarked after the 5th day of the month shall be assessed a late fee of $50 per day, payable by Bright, through its shareholders and/or officers June Tucker and Jay Tucker.
7. Any returned check fees incurred by Bunte as a result of the payments made to her by Bright, through its shareholders and/or officers June Tucker and Jay Tucker, shall be reimbursed by Bright, through its shareholders and/or officers June Tucker and Jay Tucker, within 5 days of being provided with documentation showing the fee.
8. Should Bright, through its shareholders and/or officers June Tucker and Jay Tucker, fail to make a payment to Ms. Bunte within 15 days of its due date, all monies still owed to Ms. Bunte shall immediately become due and payable and an Agreed Judgment shall be filed against June and Jay Tucker, by the EEOC, for the settlement amount plus late fees past due to Ms. Bunte.
9. Upon completion of all payments, the Commission shall forward Ms. Bunte’s original executed release to counsel for Bright upon receipt of proof of delivery of the final monthly settlement check to Ms. Bunte.
10. Should it be necessary for the EEOC to seek the Court’s assistance in collection of any late or returned check fees or the settlement payment, in the event
4

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of default, Bright, through its shareholders and/or officers, Jay Tucker and June Tucker, shall be responsible for the EEOC’s attorney fees.
References and Personnel Record 11. Bright through its officers or shareholders shall eliminate from the record of Ms. Bunte all references to her charge of discrimination and participation in this suit. If contacted for references, Bright, through its officers or shareholders shall describe Ms. Bunte’s former job duties as Deli Manager and state that Ms. Bunte’s performance was satisfactory and that she is ineligible for rehire because the business has been sold. Bright, through its officers or shareholders, shall make no reference to Bunte’s termination, her charge of discrimination, or her participation in this suit. This provision survives the expiration of this Decree. 12. Within 30 days of the entry of this Decree, Bright through its officers and/or shareholders shall provide Bunte with a signed and dated letter of recommendation, attached to this Decree as Appendix B. C. Reporting 13. During the term of this Decree, Bright shall provide the Commission with a report, 30 days after the entry of the Decree. The report shall include the following information: a. Modification of Personnel Record: the date of the modification and all
information removed from Ms. Bunte’s personnel file; b. References: the date(s) that inquiries are received; the name of the person
requesting the reference; and the business of the person requesting the
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reference; and c. Letter of Reference: a copy of the signed letter of reference (Appendix B)
and the date that it was mailed to Ms. Bunte. d. In addition to the above report, during the pendency of this Decree,
Bright, through its shareholders and/or officers shall report to the EEOC, within 30 days, on any bankruptcy filing by Bright or its shareholders or officers, or any change in counsel. e. All reports shall be sent to the Commission in care of Laurie A. Young, Regional Attorney for the Indianapolis District, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204. D. Miscellaneous Provisions 14. The Commission and Bright shall each bear its own costs and attorney fees with the exception of attorney fees incurred pursuant to Paragraph 10 of this Decree. 15. The term of this Decree shall be for three (3) years following the date of the entry of this Decree. 16. The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

______1_2_/1_9_/_2_0_1_4________ Date

_______________________________
SARAH EVANS BARKER, JUDGE 6 United States District Court
Southern District of Indiana

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Copies to:

Nancy Dean Edmonds Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 West Ohio Street, Suite 1900 Indianapolis, Indiana 46204 (317) 226-7229 Nancy.edmonds@eeoc.gov

John Watson 122 S. Meridian St. P.O. Box 430 Sunman, IN 47041 (812) 623-4661 j.h watson64@yahoo.com

Aimee Lynn McFerren EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Louisville Area Office 600 Martin Luther King Jr. Place, Suite 268 Louisville, KY 40202-2285

7

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APPENDIX A RELEASE

In consideration of the total payment to me by Bright Petroleum Inc. d/b/a

The Bright Market, through its shareholders and/or officers, of $15,000 in

connection with the resolution of Equal Employment Opportunity Commission v.

Bright Petroleum Inc. d/b/a The Bright Market No. 4:13-cv-205, I waive my right to

recover for any claims of discrimination under the Title VII of the Civil Rights Act of

1964, as amended, and Title I of the Civil Rights Act of 1991 that I had against

Bright Petroleum Inc. d/b/a The Bright Market prior to the date of this release and

that were included in the claims alleged in the Commission’s complaint in Equal

Employment Opportunity Commission v. Bright Petroleum Inc. d/b/a The Bright

Market.

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

_______ day of _______________, 2014.

______________________________ Michelle Bunte

County of

)

)SS

State of

)

Subscribed and sworn to before me this ______ day of ____________, 2014.

_____________________________ Notary Public

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APPENDIX B

Bright Market Bright, IN
This letter serves to recommend Michelle Bunte for employment. Michelle Bunte worked as our Deli Manager at the Bright Market, from July 4, 2011 through August 16, 2012, supervising approximately 15 employees. The Market was sold and we ceased operations on December 30, 2013.

Sincerely,
______________________________ Jeffrey C. Tucker, President
______________________________ June Tucker, Secretary

____________________ Date
_____________________ Date

9

 Case: 4:13-cv-00205-SEB-WGH As of: 03/21/2019 11:52 PM EDT 1 of 4
U.S. District Court Southern District of Indiana (New Albany) CIVIL DOCKET FOR CASE #: 4:13−cv−00205−SEB−WGH

CLOSED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v BRIGHT PETROLEUM INC. Assigned to: Judge Sarah Evans Barker Referred to: Magistrate Judge William G. Hussmann, Jr Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 12/23/2013 Date Terminated: 12/19/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Aimee Lynn McFerren E.E.O.C. 600 Dr. Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202 (502) 582−6308 Fax: (502) 582−5435 Email: aimee.mcferren@eeoc.gov ATTORNEY TO BE NOTICED

Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226−7202 Fax: (317)226−7203 Email: legal.station@eeoc.gov ATTORNEY TO BE NOTICED

Michelle Eisele EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226−7212 Fax: (317)226−7953 Email: michelle.eisele@eeoc.gov ATTORNEY TO BE NOTICED

Nancy Dean Edmonds EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio St., Suite 1900 Indianapolis, IN 46204 (317)226−7229 Fax: (317)226−5571 Email: nancy.edmonds@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
BRIGHT PETROLEUM INC. doing business as THE BRIGHT MARKET

represented by John H. Watson JOHN H. WATSON, ATTORNEY AT LAW 122−3 South Meridian Street PO Box 430

Case: 4:13-cv-00205-SEB-WGH As of: 03/21/2019 11:52 PM EDT 2 of 4
Sunman, IN 47041 (812) 623−4661 Fax: (812) 623−2865 Email: j.h_watson64@yahoo.com ATTORNEY TO BE NOTICED

Date Filed 12/23/2013
12/26/2013 12/26/2013 12/30/2013 01/13/2014 01/14/2014 01/22/2014
01/23/2014 01/24/2014
02/10/2014 02/10/2014 02/13/2014 03/06/2014 03/10/2014 03/11/2014

# Docket Text
1 COMPLAINT against BRIGHT PETROLEUM INC., filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (No fee paid with this filing) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Edmonds, Nancy) Modified docket text on 12/23/2013 (JD). (Entered: 12/23/2013)
2 Summons Issued as to BRIGHT PETROLEUM INC. (JLM) (Entered: 12/26/2013)
3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JLM) (Entered: 12/26/2013)
4 NOTICE of Appearance by Nancy Dean Edmonds on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) (Entered: 12/30/2013)
5 NOTICE of Appearance by Michelle Eisele on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Eisele, Michelle) (Entered: 01/13/2014)
6 NOTICE of Appearance by Laurie A. Young on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Young, Laurie) (Entered: 01/14/2014)
7 ***STRICKEN PER DOC #8*** AFFIDAVIT of Service for Summons and Complaint served on Jeffrey Tucker on 01/16/2014, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) Modified on 1/24/2014 (JLM). (Entered: 01/22/2014)
8 ENTRY STRIKING FILING 7 − Plaintiff is granted leave to properly re−file the subject document. Signed by Judge Sarah Evans Barker on 1/23/2014.(JLM) (Entered: 01/24/2014)
9 RETURN of Service, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. BRIGHT PETROLEUM, INC. c/o Jeffrey Tucker served on 1/16/2014. (Attachments: # 1 Exhibit # 1, Executed Summons, # 2 Exhibit # 2, Certified Mail Green Card)(Edmonds, Nancy) Modified on 1/27/2014 to indicate proper party served (JLM). (Entered: 01/24/2014)
10 NOTICE of Appearance by John H. Watson on behalf of Defendant BRIGHT PETROLEUM INC. (Attachments: # 1 Envelope) (LBT) (Entered: 02/11/2014)
11 MOTION for Extension of Time to 3/1/2014 in which to Answer, Move or Otherwise Plea re 1 Complaint, filed by Defendant BRIGHT PETROLEUM INC. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(LBT) (Entered: 02/11/2014)
12 ORDER granting 11 Motion for Extension of Time to 3/1/2014 for Defendant to answer, move or otherwise plea. Signed by Magistrate Judge William G. Hussmann, Jr on 2/13/2014 (copy mailed to Atty Watson). (LBT) (Entered: 02/13/2014)
13 ANSWER to 1 Complaint, filed by BRIGHT PETROLEUM INC.(JLM) (Additional attachment(s) added on 3/6/2014: # 1 Envelope) (JLM). (Entered: 03/06/2014)
14 Mail Returned as undeliverable. 12 Order on Motion for Extension of Time to File sent to Atty John H. Watson for BRIGHT PETROLEUM INC. **Document resent to correct address** (LBT) (Entered: 03/10/2014)
15 NOTICE of Appearance by Aimee Lynn McFerren on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 03/11/2014)

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03/12/2014 03/12/2014 03/17/2014 03/24/2014 04/03/2014
04/16/2014 05/05/2014 05/05/2014
05/07/2014 05/23/2014 05/23/2014 07/16/2014 07/21/2014 09/17/2014

16 MOTION to Strike Insufficiently Pleaded Defenses, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order on EEOC's Motion to Strike Insufficiently Pleaded Defenses)(Edmonds, Nancy) (Entered: 03/12/2014)
17 BRIEF/MEMORANDUM in Support re 16 MOTION to Strike Insufficiently Pleaded Defenses , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) (Entered: 03/12/2014)
18 Mail Returned as undeliverable. 13 Answer to Complaint sent to Attorney John H. Watson for BRIGHT PETROLEUM INC. **Document resent to correct address.** (JLM) Modified on 3/18/2014 (JLM). (Entered: 03/17/2014)
19 EEOC's CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION . (Edmonds, Nancy) (Entered: 03/24/2014)
20 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. This matter is set for trial by jury during the month of May, 2015, before the Hon. Sarah Evans Barker. The Court will allot 3 days for this trial. Dispositive Motions due by 10/15/2014. Settlement Conference set for 9/8/2014 at 10:00 AM, New Albany time (EDT), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 4/3/2014.(LBT) (Entered: 04/03/2014)
21 NOTICE to File Corporate Disclosure Statement to BRIGHT PETROLEUM INC.. (LAB) (JLM) (Entered: 04/16/2014)
22 MOTION for Extension of Time to 07/23/2014 in which to 20 Order: Case ManagementScheduling Order Deadline to Amend Pleadings, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 05/05/2014)
23 SCHEDULING ENTRY: Final Pretrial Conference set for 4/21/2015 at 2:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. PLEASE NOTE THE INDIANAPOLIS LOCATION OF THE FINAL PRETRIAL CONFERENCE. Jury Trial set for 5/4/2015 at 9:30 AM in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Sarah Evans Barker.(LBT) (Entered: 05/05/2014)
24 ORDER granting 22 Motion for Extension of Time. The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 5/23/2014 to 7/23/2014. Signed by Magistrate Judge William G. Hussmann, Jr on 5/7/2014 (copy mailed to atty John Watson). (LBT) (Entered: 05/08/2014)
25 Exhibit List Preliminary Exhibit List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 05/23/2014)
26 Witness List Preliminary Witness List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 05/23/2014)
27 MOTION for Extension of Time to 09/23/2014 to Amend Pleadings, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 07/16/2014)
28 ORDER granting 27 EEOC's Motion to Further Extend Deadline to Amend Pleadings − The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 7/23/2014 to 9/23/2014. Signed by Magistrate Judge William G. Hussmann, Jr on 7/21/2014. (JLM) (Entered: 07/21/2014)
29 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Settlement Conference held on 9/8/2014. See order for particulars of matters discussed during conference. Telephonic Status Conference set for 10/16/2014 at 12:00 PM New Albany, IN time (EDT) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (AH) (Entered: 09/17/2014)

Case: 4:13-cv-00205-SEB-WGH As of: 03/21/2019 11:52 PM EDT 4 of 4

10/20/2014
10/24/2014 10/28/2014 11/21/2014 11/26/2014 12/17/2014 12/19/2014

31 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Telephonic Status Conference held on 10/16/2014. Defendants are to notify Plaintiff if there is any additional change in their offer of settlement on or before 10/24/2014. Any motions for leave to amend the pleadings in this case must be filed and served on or before 11/30/2014. The current trial setting of 5/4/2015, and the final pretrial conference set for 4/21/2015, both before District Judge Sarah Evans Barker, are confirmed. However, the internal deadlines leading up to those dates will be dealt with during the next conference. Telephonic Status Conference set for 1/5/2015 at 1:30 PM, New Albany time (EST), before Magistrate Judge William G. Hussmann Jr. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge William G. Hussmann, Jr. (LBT) (Entered: 10/21/2014)
33 Unopposed MOTION for Continuance Reschedule Status Conference, MOTION for Extension of Time to n/a , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 10/24/2014)
34 ORDER granting 33 EEOC's Motion to Reschedule Status Conference. The telephonic satus conference previously scheduled for 1/5/2015 is rescheduled to 1/12/2015, at 1:30 PM (EST) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 10/28/2014.(JLM) (Entered: 10/28/2014)
35 Unopposed MOTION for Extension of Time to 01/16/2015 to Amend Pleadings/Add Parties, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 11/21/2014)
36 ORDER granting 35 Unopposed Motion to Further Extend Deadline to Amend Pleadings: The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 11/30/2014 to 1/16/2015. Signed by Magistrate Judge William G. Hussmann, Jr on 11/26/2014. (JLM) (Entered: 11/26/2014)
37 Joint MOTION For Entry of Consent Decree, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Consent Decree)(Edmonds, Nancy) (Entered: 12/17/2014)
38 CLOSED − CONSENT DECREE entered. Signed by Judge Sarah Evans Barker on 12/19/2014.(LBT) (Entered: 12/19/2014)

Case #: 4:13−cv−00205−SEB−WGH

 U.S. Equal Employment Opportunity Commission
PRESS RELEASE 12-24-13
Bright Petroleum Inc. Sued by EEOC for Retaliation
Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charges
INDIANAPOLIS - Bright Petroleum Inc. d/b/a The Bright Market violated federal law by retaliating against a manager who filed and refused to drop a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC), the agency charged in a lawsuit it filed yesterday. The Bright Market is a food market and gas station located in Lawrenceburg, Ind.
According to the EEOC's lawsuit, The Bright Market retaliated against Deli Manager Michelle Bunte by singling her out for heightened scrutiny after learning that she had filed an EEOC charge and would not drop her charge. The company then disciplined and terminated her.
Taking adverse actions against an employee who complains of discrimination, files an EEOC charge or otherwise exercises her rights under Title VII violates the retaliation provision of Title VII of the Civil Rights Act of 1964. The prohibition against retaliation applies regardless of the outcome of the underlying charge. The EEOC asserts that the company's actions were intentional and demonstrated a reckless indifference to the worker's federally protected rights.
The EEOC filed suit (Case No. 4:13-cv-00205) in U.S. District Court for the Southern District of Indiana, New Albany Division, after first attempting to reach a pre-litigation settlement through its conciliation process. The agency is seeking back wages plus interest and compensatory and punitive damages, as well as other relief, including a permanent injunction to prevent the company from engaging in any future retaliation.
"Employers are simply not entitled to punish employees -- or former employees -- for complaining about discrimination" said Laurie A. Young, regional attorney for the EEOC's Indianapolis District Office. "If they try to do so, they are only making a bad situation worse for themselves."
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency's web site at www.eeoc.gov.


EEOC brought claim of retaliatory discharge against Bright Petroleum in December 2013. Parties reached a consent decree in 2014 (S.D. Ind.)