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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BODEGA BARS USA, LLC d/b/a MOSAIC RESTAURANT,
Defendant.

) ) ) ) CIVIL ACTION NO. ) ) ) JURY TRIAL DEMANDED ) ) )

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to female employees, including Aimee Boss and Morgan Hagedon, who were adversely affected by such practices. The Complaint alleges that while employed as bartenders by Defendant, Bodega Bars USA, d/b/a Mosaic Restaurant, Boss and Hagedon were subjected to egregious sexual harassment on account of their sex by Andrew Gladney with the full knowledge of Defendant's owners and managers, including Claus Schmitz and Greg Doyle. The sexual harassment altered the terms and conditions of their employment. Despite their complaints, Defendant failed to take appropriate corrective action following the sexual harassment and otherwise condoned the sexual harassment of Boss and Hagedon by Gladney. The Complaint further alleges that the sexual comments, propositions and touchings by Gladney created a sexually hostile environment that was so oppressive that Boss and Hagedon were forced to resign their employment when Defendant unreasonably failed to take prompt and

effective action to end the sexual harassment, but rather allowed the harassment to continue unabated knowing that it would force Boss and Hagedon to resign.
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 Section 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"). 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Missouri, Eastern 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Bodega Bars USA, LLC, has continuously been a Missouri corporation doing business in the State of Missouri and the City of St. Louis, and has continuously had at least 15 employees. 5. At all relevant times, Bodega Bars USA, LLC d/b/a Mosaic Restaurant, 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).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Boss and Hagedon each filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 3, 2004, Defendant has engaged in unlawful employment practices at its facility located at 1101 Lucas Avenue, St. Louis, Missouri, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), as follows: (a) Defendant subjected Boss and Hagedon, both bartenders, to unlawful sexual harassment during their employment in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct was directed toward Boss and Hagedon by Andrew Gladney on a nearly daily basis beginning with the opening of Defendant's restaurant and continuing until Boss and Hagedon were constructively discharged in January 2005 and February 2005, respectively. Gladney made extremely graphic and offensive sexual comments to Boss and Hagedon, attempted to solicit sexual acts from each, and invited each to use cocaine while engaging in sexual activity with him. These remarks were made openly in the bar area of Defendant's restaurant in the presence of Boss' and Hagedon's supervisor, Greg Doyle, and in the presence of the majority owner of Defendant, Claus Schmitz. In addition, Gladney touched Hagedon on numerous occasions by patting her posterior, hugging her, and attempting to fondle her breasts. Boss complained to Doyle about Gladney's actions and Hagedon complained to both Schmitz and Doyle about Gladney's actions, but Defendant failed to take any measures to end Gladney's conduct prior to the constructive discharge of Boss.
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The unlawful conduct was unwelcome, sexual in nature, and directed at Boss and Hagedon because of their sex. The unlawful conduct was sufficiently severe or pervasive to create a hostile working environment for Boss and Hagedon which altered the terms and conditions of their employment.
(b) As a result of Gladney's sexually harassing conduct and Defendant's failure to take prompt and effective measures to end such conduct, the working conditions for both Boss and Hagedon became so hostile and oppressive that each was compelled to end their employment with Defendant. Defendant had knowledge that the sexual harassment of Boss and Hagedon by Gladney caused their working conditions to be so intolerable that each would be forced to resign. Nevertheless, Defendant deliberately and unreasonably failed to take prompt and effective actions to end the harassment and knew that its inaction would result in the resignations of Boss and Hagedon.
8. The effect of the practice(s) complained of in paragraphs 7(a) and (b) above has been to deprive Boss and Hagedon of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
9. The unlawful employment practices complained of in paragraphs 7(a) and (b) above were intentional.
10. The unlawful employment practices complained of in paragraphs 7(a) and (b) above were done with malice or with reckless indifference to the federally protected rights of Boss and Hagedon.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment, intimidation, discharge, and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Boss and Hagedon, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement of Boss and Hagedon. D. Order Defendant to make whole Boss and Hagedon, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7(a) and (b) above, in amounts to be determined at trial. E. Order Defendant to make whole Boss and Hagedon by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7(a) and (b), including emotional distress, pain, suffering, inconvenience, loss of enjoyment of life, loss of reputation, and humiliation, in amounts to be determined at trial.
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F. Order Defendant to pay punitive damages for its malicious and reckless
conduct described in paragraphs 7(a) and (b) above, in amounts to be determined at trial.
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,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
JEAN P. KAMP Acting Regional Attorney
/s/ C. Felix Miller C. FELIX MILLER, No. 10549 Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 314-539-7949 Facsimile: 314-539-7895
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and AIMEE BOSS and MORGAN HAGEDON,
Plaintiff-Intervenors,
v.
BODEGA BARS USA, LLC d/b/a MOSAIC RESTAURANT.
Defendant.

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)

)

)

)

)

CIVIL ACTION NO. 4:07-

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CV-1645

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}

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)

CONSENT DECREE Plaintiff Equal Employment Opportunity Commission ("EEOC") instituted this action against Defendant Bodega Bars USA, LLC d/b/a Mosaic restaurant (hereinafter "Bodega Bars" or "Defendant") alleging that Aimee Boss and Morgan Hagedon were subjected to sexual harassment by Andrew Gladney, a customer of Bodega Bars, at Defendant's restaurant located at 110I Lucas Avenue, St. Louis, Missouri and that they were constructively discharged from their employment by Defendant's failure to end the harassment, all in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII"). Hagedon and Boss ("Plaintiff-Intervenors") were permitted by the Court to intervene in the EEOC's suit to assert similar claims against the Defendant under Title VII.

For purposes of settlement and compromise only, and with no admission of liability by Defendant, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden offurther litigation;
The parties acknowledge that the settlement of this lawsuit and entry of this Consent Decree, with Defendant's consent, is not and shall not be construed as an admission that Defendant has violated Title VII, nor shall it be construed as or deemed an admission by Defendant that it has any liability whatsoever to the Plaintiff-Intervenors or the Plaintiff EEOC, such liability being expressly denied.
THEREFORE, it is the finding of this Court, made on the pleadings, the re~ord as a whole, and upon agreement of the parties, without an admission or finding ofliability on the part of Defendant, that (i) this Court has jurisdiction over the parties to and the subject matter of this action; (ii) the requirements of Title VII will be carried out by the implementation of this Decree; (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among all the parties; and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
I. General Provisions
I. Defendant shall not discriminate against any employee by subjecting such employee to sex discrimination or sexual harassment at any restaurant or other facility owned andlor operated by the Defendant.
2, Defendant shall not discriminate against any employee because such employee has opposed any practices alleged in this lawsuit to be unlawful under the
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relevant laws, has participated in an investigation related to this lawsuit, has participated in this lawsuit, andlor has benefitted in any way as a result of this Consent Decree,
II. Relief for Plaintiff-Intervenors I. Defendant agrees to pay in settlement of all claims alleged against them by Aimee Boss, and by the EEOC on behalf of the plaintiff-Intervenor Boss the sum of $32,000, to be made in payments of $8,000 on each of the following dates: June 30, 2008, September 30, 2008, December 30, 2008, and March 30,2009. This sum represents compensation for back pay in the amount of $5,000 and for compensatory damages in the amount 0[$27,000. The payment of backpay shall be made in the payment due on March 30, 2009. All applicable payroll deductions shall be withheld and paid to the appropriate state or federal agency from that part of the monetary payment for backpay. In addition Defendant shall pay the employer's contribution for social security, medicare. and other payroll taxes on the backpay amount paid to plaintiff-intervenor. The payments to be made to plaintiff-intervenor Boss shall be made by check jointly payable to plaintilT-intervenor Boss and Sedey Harper, P.c. The checks sball be delivered to plaintiff-intervenor's counsel of record, Sedey Harper, P.c. 2. Defendant agrees to pay in settlement of all claims alleged against them by Morgan Hagedon. and by the EEOC on behalf of the plaintiff-intervenor Hagedon the sum of$32,000, to be made in payments of$8,000 on each of the following dates: .June 30, 2008, September 30, 2008. December 30, 2008, and March 30, 2009. This sum represents compensation for back pay in the amount 0($5,000 and for compensatory damages in the amount of $27,000. The payment of backpay shall be made in the
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payment due on March 30, 2009. All applicable payroll deductions shall be withheld and paid to the appropriate state or federal agency from that part of the monetary payment for backpay. In addition Defendant shall pay the employer's contribution for social security, medicare, and other payroll taxes on the backpay amount paid to plaintiff-intervenor. The payments to be made (0 plaintiff-intervenor Hagedon shall be made by check jointly payable to plaintiff-intervenor Hagedon and Sedey Harper, P.C. The checks shall be delivered to plaintiff-intervenor's counsel of record, Sedey Harper, P.e.
3. With the exception oflhe rcliefprovidcd for in this Consent Decree, Plaintiff EEOC and Plaintiff-Intervenors hereby dismiss, with prejudice, any and all claims against Ddendant for attorneys' fees, expenses, costs, back pay, front pay, compensatory damages, punitive damages, and any other relief, sought by Plaintiff EEOC andlor Plaintiff-Intervenors.
4. Within thirty (30) days of the Court's entry ofthe Consent Decree, Defendant shall direct its owner to prepare and sign letters of reference in the form shown in Exhibit A on appropriate company letterhead, and to make copies of such signed letter part of the respective permanent employment records ofPlaintift~ Intervenors.
5. In the case of any inquiries by prospective employers regarding either Plaintiff- Intervenor, Defendant shall limit its response(s) to the information contained in the respective aforementioned letter as applicable, and copies of such letter shall be made available to any such prospective employers upon request.
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6. Within thirty (30) days of the Court's entry of the Consent Decree, Defendant shall mail copies of the signed letters described in paragraph 11-4, above, to Sedey Harper, P.C., 271 1 Clifton Ave., St. Louis, Missouri 63139, and to C. Felix Miller, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100,1222 Spruce St., St. Louis, MO 63103,
7, Defendant's owner, Claus Schmitz, agrees to personally guarantee the payments required by this section, paragraphs 1 and 2. Should Plaintiff EEOC and/or the Plaintiff-Intervenors be required to bring a legal proceeding because of Defendant's or Claus Schmitz failure to make any ofthe payments, the prevailing party shall be entitled to reasonable attorneys' fees and costs, Prior to Plaintiff EEOC or the PlaintiffIntervenors initiating litigation under this paragraph, they must notifY Claus Schmitz of any delinquency and Schmitz shall have fifteen ( (5) days to cure any delinquency. If Schmitz cures any delinquency within fifteen (5) days of notice, Plaintiff EEOC and/or the Plaintiff-Intervenors may not initiate legal proceedings under this paragraph.
III. Injunctive Relief I. Defendant shall take reasonable actions to exclude Andrew Gladney from its premises. 2. Within thirty days of the Court's entry of the Consent Decree, Defendant shall adopt a sexual harassment policy which shall:
a. Clearly describe the proper procedure to file an internal sexual harassment complaint with Bodega Bars and shall include a telephone number to report sexual harassment that will be monitored by a person trained to receive such reports and
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take appropriate action. The complaint procedure shall require that a complaint of sexual harassment may be made to a single individual and shall identify at least two persons to whom such complaints may be made.
b. Require the removal from its restaurant any customer or other person who continues to make unwelcome sexual advances or unwelcome offensive comments of a sexual nature to any of its employees after having been asked to quit making such remarks by management or the employee to whom such remarks were directed.
c. Require all managers who have direct personal knowledge of any unwelcome offensive comments of a sexual nature made by any person on the premises of the restaurant. to take immediate action to end such unwelcome comments regardless of whether or not any person has complained about such comments.
A copy oflhis policy shall be provided within fifteen (15) days of the Court's entry ofthe Consent Decree to C. Felix Miller, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. for review and approval by the EEOC.
3. Within thirty (30) days of the Court's entry of the Consent Decree, Defendant shall distribute to all its employees its sexual harassment policy, including its complaint procedure. This notice will be in the form of a letter, on company letterhead, from the owner, with the policy and procedure attached to or incorporated in such letter. Defendant will obtain a sign-off sheet from each employee stating that the employee has received these materials. Simultaneously with the distribution of such letter, Defendant
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shall mail a copy of such letter to C. Felix Miller, Senior Trial Attorney, Equal

Employment Opportunity Commission, St. Louis District Office, Room g, I 00, 1222

Spruce St., St. Louis, MO 63103,

4,

Within five (5) days oftheir date of hire, Defendant shall distribute to

each newly hired employee the sexual harassment policy, lbis notice will be in the form

of a letter, on company letterhead, from the owner with the policy and procedure attached

to or incorporated in such letter, Defendant will obtain a sign-off sheet from each

employee stating that the employee has received these materials.

5. Within thirty (30) days of the Court's entry oflhe Consent Decree,

Defendant shall develop and post a copy of its sexual harassment policy and complaint

procedure notice on the employee bulletin board or similar location in all of its

restaurants or other facilities.

6. Within sixty (60) days of the Court's entry of the Consent Decree,

Defendant shall cause all oftheir restaurant managers to attend two (2) hours of sexual

harassment training. Each shall be counseled that he or she must fully comply with

Defendant's sexual harassment policy and must promptly report to its owner any and all

conduct that may constitute sexual harassment and all complaints alleging sexual

harassment, and that failure to do so will result in discipline up to and including

termination. Within thirty (30) days of the Court's entry of the Consent Decree, an

outline and description of the training and the training materials shall be made available

for review and approval by C. Felix Miller, Senior Trial Attorney, Equal Employment

Opportunity Commission, at 222 South Central, suite 90 I, Clayton, Missouri 63105.

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7. Within thirty (30) days oftheir date of hire or promotion to their position, Defendant shall cause all new restaurant managers to attend two (2) hours of sexual harassment training. Such training shall emphasize that any and all conduct that may constitute sexual harassment shall be grounds for immediate discipline, including demotion and term ination.
8. Defendant shall keep records of any and all internal complaints of possible sexual harassment received during the term of the Consent Decree, and shall retain such records for a period of two years from the date of receipt of each such complaint.
IV. Posting of Requircd Notices Within thirty (30) days of the Court's entry of the Consent Decree, Defendant shall post at its restaurant the notice required by 29 CFR 1601.30 and the notice attached to the Consent Decree as Exhibit B. Such notice shall be posted on the employee bulletin board or other similar conspicuous location.
V. Reporting and Monitoring Within six (6) months ofthe entry of the Consent Decree, and every six (6) months thereafter during the term of this consent decree, Defendant shall provide written notice to the EEOC of compliance with the requirements set forth in Sections II, III, and IV ofthc Consent Decree to C. Felix Miller, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. Such notice shall include copies of any and all documents referenced or described in Sections II, III, and IV not already provided to the EEOC.
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VI. Term and Effect of Decree I. Defendant's owner, Claus Schmitz, shall implement the provisions of Sections T, Ill, IV, V, and VI of this Consent Decree in any and all restaurants in the City of St. Louis in which he owns a controlling interest. 2. By entering into this Consent Decree, the parties do not intend to resolve any charges of discrimination other than the charges filed by the Plaintiff-Intervenors that created the jurisdictional foundation for the Complaints filed in this case. 3. This Decree shall be binding upon the parties hereto, their successors and assigns. 4. This Decree shall be in force for a period oftwo (2) years. During the Consent Decree' s term, the Court shal I retain jurisdiction of this case for purposes of enforcement oflhe Consent Decree. The term of the Consent Decree can be extended by the Court only upon a showing that Defendant has substantially failed to comply with a material term of the Consent Decree after having been given notice of any such failure to comply and a reasonable opportunity to correct any such non-compliance. 5. Each party shall be responsible for its own attorneys' fees and costs of this litigation.
UNIT~JUDGE
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 Case 4:07-cv-01645-DJS Document 11 Filed 11/30/07 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et al.,

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Plaintiffs,

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v.

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BODEGA BARS USA, LLC, d/b/a

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Mosaic Restaurant,

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Defendant.

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No. 4:07-CV-1645 CAS

MEMORANDUM AND ORDER

This matter is before the Court on movants Aimee Boss and Morgan Hagedon’s motion to

intervene in this action as parties plaintiff pursuant to Federal Rule of Civil Procedure 24(a).

This action was commenced on September 21, 2007, when the Equal Employment

Opportunity Commission (“EEOC”) filed a complaint against defendant Bodega Bars USA, LLC.

The complaint alleges that defendant violated 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 of 1991 by committing

unlawful employment practices with respect to its employees, Aimee Boss and Morgan Hagedon,

subjecting them to sexual harassment by defendant’s customer and investor, and constructively

discharging them. On November 29, 2007, movants filed the motion to intervene as a matter of right

in this action, citing 42 U.S.C. § 2000e-5(f)(1) and Rule 24(a)(1), Federal Rules of Civil Procedure.

Under 42 U.S.C. § 2000e-5(f)(1), an aggrieved employee has an absolute right to intervene

in a civil action brought by the EEOC. 42 U.S.C. § 2000e-5(f)(1); see EEOC v. Contour Chair

Lounge Co., 596 F.2d 809 (8th Cir. 1979). Federal Rule of Civil Procedure 24(a), however, imposes

Case 4:07-cv-01645-DJS Document 11 Filed 11/30/07 Page 2 of 3
the requirement that the application to intervene be timely. Nevilles v. EEOC, 511 F.2d 303 (8th Cir. 1975). Thus, plaintiffs’ motion should be analyzed under Federal Rule of Civil Procedure 24(a). Rule 24(a)(2) provides that a timely motion to intervene shall be granted if: (1) the proposed intervenor claims an interest relating to the property or transaction which is the subject of the action; (2) the interest may be impaired; and (3) the interest is not adequately represented by an existing party to the action. See Jenkins by Jenkins v. State of Missouri, 78 F.3d 1270, 1274 (8th Cir. 1996). Further, as a threshold matter, a proposed intervenor under Rule 24 must have Article III standing. Curry v. Regents of the Univ. of Minn., 167 F.3d 420, 422 (8th Cir. 1999). Standing under Article III of the Constitution requires that a would-be litigant make a showing of three elements: (1) an “injury in fact,” which is an invasion of a legally protected interest that is concrete, particularized and either actual or imminent; (2) the existence of a causal connection between the alleged injury and the conduct being challenged; and (3) redressability; i.e., that the injury is likely to be remedied by a favorable decision. Id.
The Court finds that movants Boss and Hagedon have standing because they allege injury in fact, i.e., a violation of Title VII, there is a causal connection between their alleged injuries and the conduct of defendant being challenged, and the injury is likely to be remedied by a favorable decision. The Court also finds that Boss and Hagedon’s motion to intervene is timely, and they meet the elements of Rule 24(a). The first element is easily satisfied, because Boss and Hagedon claim an interest in the resolution of claims that they suffered sexual harassment at their place of employment. The second and third elements are also satisfied, as the EEOC is entrusted with the obligation to assert the public interest with respect to violations of Title VII, while Boss and Hagedon are
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Case 4:07-cv-01645-DJS Document 11 Filed 11/30/07 Page 3 of 3
interested in exercising their rights under all available statutory remedies. Boss and Hagedon’s rights may be impaired if they are not permitted to intervene to assert these interests.
For these reasons, the motion to intervene should be granted and Boss and Hagedon permitted to file their complaint.
Accordingly, IT IS HEREBY ORDERED that movants Aimee Boss and Morgan Hagedon’s motion to intervene is GRANTED and they are joined as parties plaintiff in this case. [Doc. 9] IT IS FURTHER ORDERED that the Clerk of the Court shall amend the caption of this case to read as follows: Equal Employment Opportunity Commission, plaintiff, and Aimee Boss and Morgan Hagedon, intervenor plaintiffs, v. Bodega Bars USA, LLC, d/b/a Mosaic Restaurant, defendant, No. 4:07-CV-1645 CAS. The parties shall use this caption on all future pleadings. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the intervenor plaintiffs’ complaint, which was submitted as an attachment to the motion for leave.
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 30th day of November, 2007.
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 Case 4:07-cv-01645-DJS Document 12 Filed 11/30/07 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

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Plaintiff,

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and

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AIMEE BOSS and MORGAN HAGEDON, )

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Plaintiff-Intervenors,

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v.

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BODEGA BARS USA, LLC d/b/a

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MOSAIC RESTAURANT,

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Defendant.

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Cause No. 4:07-CV-01645 CAS JURY TRIAL DEMANDED

PLAINTIFF-INTERVENORS’ COMPLAINT

COME NOW Plaintiff-Intervenors Aimee Boss and Morgan Hagedon, by and through

their attorneys, and for their Complaint against Bodega Bars USA, LLC d/b/a Mosaic Restaurant

state as follows:

1. Plaintiff-Intervenors Aimee Boss and Morgan Hagedon bring this action for legal

and equitable relief to redress the injuries done to them by Defendant Bodega Bars USA, LLC

d/b/a Mosaic Restaurant.

2. Plaintiff-Intervenors bring their complaint under Title VII of the Civil Rights Act

of 1964, as amended (“Title VII”), 42 U.S.C. § 2000e et seq. As the aggrieved parties, they have

the right to intervene in this case under Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1).

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331.

3. The unlawful employment practices complained of herein were committed within

Case 4:07-cv-01645-DJS Document 12 Filed 11/30/07 Page 2 of 5
the Eastern District of Missouri. 4. Plaintiff-Intervenor Aimee Boss is a female citizen of the United States who, at all
relevant times, resided in Belleville, Illinois. 5. Plaintiff-Intervenor Morgan Hagedon is a female citizen of the United States who,
at all relevant times, resided in St. Louis, Missouri. 6. At all relevant times, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant
has been a Missouri corporation doing business in the State of Missouri and the City of St. Louis, has continuously had at least 15 employees, and has been an employer within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. § 2000e(b), (g), and (h).
7. Since at least December 3, 2004, Defendant has engaged in the following unlawful employment practices at its facilities located at 1101 Lucas Avenue, St. Louis, Missouri, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
8. Defendant subjected Plaintiff-Intervenors Boss and Hagedon, both bartenders, to unlawful sexual harassment during their employment. The unlawful conduct was directed toward them by Andrew Gladney, a customer and investor in Defendant, on a nearly daily basis beginning with the opening of Defendant’s restaurant and continuing until Plaintiff-Intervenors Boss and Hagedon were constructively discharged in January 2005 and February 12005, respectively.
9. Gladney made extremely graphic and offensive comments to Plaintiff-Intervenors Boss and Hagedon, attempted to solicit sexual acts from each, and invited each to use cocaine while engaging in sexual activity with him. These remarks were made openly in the bar area of Defendant’s restaurant in the presence of their supervisor, Greg Doyle, and in the presence of the majority owner of Defendant, Claus Schmitz. In addition, Gladney touched Plaintiff-Intervenor

Case 4:07-cv-01645-DJS Document 12 Filed 11/30/07 Page 3 of 5
Hagedon on numerous occasions by patting her posterior, hugging her, and attempting to fondle her breasts. Plaintiff-Intervenor Boss complained to Doyle about Gladney’s actions, and Plaintiff-Intervenor Hagedon complained to both Schmitz and Doyle about Gladney’s actions, but Defendant failed to take prompt and effective action to end the harassment prior to their constructive discharge.
10. The unlawful conduct was unwelcome, sexual in nature, and directed at PlaintiffIntervenors Boss and Hagedon because of their sex. The unlawful conduct was sufficiently severe or pervasive to create a hostile working environment that altered the terms and conditions of the employment of Plaintiff-Intervenors Boss and Hagedon.
11. As a result of Gladney’s sexually harassing conduct and Defendant’s failure to take prompt and effective measures to end such conduct, the working conditions for both Plaintiff- Intervenors became so hostile and oppressive that each was compelled to end her employment with Defendant. Defendant had knowledge that the sexual harassment of PlaintiffIntervenors by Gladney caused their working conditions to be so intolerable that each would be forced to resign. Nevertheless, Defendant deliberately and unreasonably failed to take prompt and effective actions to end the harassment and knew that its inaction would result in the resignations of Plaintiff-Intervenors.
12. As a result of Defendant’s aforementioned conduct, Plaintiff-Intervenors have lost compensation and benefits of employment.
13. Defendant’s conduct was undertaken with malice and reckless indifference to Plaintiff-Intervenors’ federally protected rights.
14. Plaintiff-Intervenors have incurred and will continue to incur attorneys’ fees and costs in connection with this matter.

Case 4:07-cv-01645-DJS Document 12 Filed 11/30/07 Page 4 of 5
WHEREFORE, Plaintiff-Intervenors pray for judgment in their favor and against Defendant for lost wages and other benefits of employment; front pay; compensatory damages for their emotional distress, pain, suffering, inconvenience, loss of enjoyment of life, loss of reputation, and humiliation; punitive damages; appropriate injunctive relief; prejudgment interest; attorneys' fees and costs; and for such additional relief as this Court deems appropriate.
SEDEY HARPER P.C. Attorneys for Plaintiff /s/ John D. Lynn Mary Anne Sedey, #5124 Donna L. Harper, #137299 John D. Lynn, #10547 2711 Clifton Ave. St. Louis, MO 63139 314/773-3566 314/773-3615 (fax)
CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing was filed electronically with the Clerk of Court to be served by the Court’s electronic filing system upon Burton D. Garland, William M. Lawson and Robert W. Stewart, The Lowenbaum Partnership, 222 S. Central, Clayton, MO 63105, this 29th day of November, 2007.
/s/ John D. Lynn ______________________________
CERTIFICATE OF SERVICE

Case 4:07-cv-01645-DJS Document 12 Filed 11/30/07 Page 5 of 5 /s/

 Case: 4:07-cv-01645-DJS Doc. #: 34 Filed: 06/11/10 Page: 1 of 4 PageID #: 118

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMISSION,

)

)

Plaintiff,

)

)

and

)

)

AIMEE BOSS and MORGAN HAGEDON,

)

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Plaintiff-Intervenors,

)

)

v.

)

)

BODEGA BARS USA, LLC d/b/a MOSAIC

)

RESTAURANT,

)

)

Defendant.

)

CIVIL ACTION NO. 4:07-cv-1645-DJS

PLAINTIFFS’ JOINT APPLICATION FOR ORDER REQUIRING DEFENDANT TO SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO COMPLY WITH CONSENT DECREE
Plaintiff Equal Employment Opportunity Commission (“EEOC” or “Commission”) and
Plaintiff-Intervenors Boss and Hagedon respectfully submit this Application for an order
requiring Defendant Bodega Bars USA, LLC d/b/a Mosaic restaurant (hereafter “Bodega Bars”
or “Defendant”) to show cause why it should not be held in contempt for failure to comply with
the terms of the Consent Decree approved by the Court in this matter.
Specifically, on July 2, 2008, this Court entered a Consent Decree (Doc. 33) that
required, among other acts to be performed, that Defendant pay a total of $64,000 to Plaintiff-
Intervenors Aimee Boss and Morgan Hegedon; $32,000 to each Plaintiff-Intervenor. By the

Case: 4:07-cv-01645-DJS Doc. #: 34 Filed: 06/11/10 Page: 2 of 4 PageID #: 119
explicit terms of the Decree, Defendant was required to have completely paid each PlaintiffIntervenor by March 30, 2009.
As of June 11, 2010, Defendant still owes a total of $10,000, $5,000 to each PlaintiffIntervenor, and is in breach of the Consent Decree. See Declaration of Jan Simpson attached hereto as Exhibit A. Attorneys for Plaintiff-Intervenors and the Commission have engaged in substantial efforts to obtain Defendant’s compliance with the Consent Decree. The attorney for Plaintiff EEOC and the attorney for Plaintiff-Intervenors have corresponded extensively (including exchanging more than 70 emails) with Defendant’s attorney in a regular, periodic, and unsuccessful effort to obtain Defendant’s compliance with the Consent Decree. See Declaration of C. Felix Miller attached hereto as Exhibit B. Despite these efforts, Defendant has failed to pay the Plaintiff-Intervenors a total of $10,000, exclusive of interest, owing since March, 2009, in violation of the Consent Decree.
WHEREFORE, Plaintiff EEOC and Plaintiff-Intervenors Boss and Hagedon request that the Court issue an Order requiring Defendant to appear before this Court on a date certain to be fixed in the Order and to show cause, if there be any, why it should not be adjudged in contempt of the Court for violating the terms of the Consent Decree. Plaintiffs further request the Court extend the duration of the Decree by thirty (30) days after Defendant has satisfied all its obligations under the Consent Decree in order to permit Plaintiffs an opportunity to seek their reasonable attorneys’ fees incurred in seeking to obtain compliance with the terms of the Consent Decree.
2

Case: 4:07-cv-01645-DJS Doc. #: 34 Filed: 06/11/10 Page: 3 of 4 PageID #: 120
The basis for these requests is detailed in a Memorandum in Support submitted simultaneously with this Application and incorporated herein as if fully set forth.
Respectfully Submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION /s/ C. Felix Miller C. FELIX MILLER, No. 10549 Senior Trial Attorney EEOC St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 314-539-7914 Facsimile: 314-539-7895
AIMEE BOSS and MORGAN HAGEDON /s/ Donna L. Harper DONNA L. HARPER, No. 137299 Sedey Harper P.C. 2711 Clifton Avenue St. Louis, MO 63139 314-773-3566 dharper@sedeyharper.com
3

Case: 4:07-cv-01645-DJS Doc. #: 34 Filed: 06/11/10 Page: 4 of 4 PageID #: 121
CERTIFICATE OF SERVICE The undersigned certifies that on this 11th day of June 2010, the foregoing was served electronically via the CM/ ECF System to:
Mr. Burton D. Garland, Jr. Ogletree and Deakins 7700 Bonhomme Avenue, Suite 650 St. Louis, Missouri 63105 Burton.garland@ogletreedeakins.com
/s/ C. Felix Miller__________ C. Felix Miller Supervisory Trial Attorney
4

 ADR, CLOSED, R16, TRCK2
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:07−cv−01645−DJS

Equal Employment Opportunity Commission, et al. v. Bodega Bars USA, LLC d/b/a Mosaic Restaurant Assigned to: Honorable Donald J. Stohr Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/21/2007 Date Terminated: 07/02/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Barbara A. Seely EEOC 1222 Spruce Street Room 8.100 St. Louis , MO 63103 314−539−7910 Fax: 314−539−7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

C. Felix Miller , Jr. EEOC 1222 Spruce Street Room 8.100 St. Louis , MO 63103 314−539−7949 Fax: 314−539−7895 Email: felix.miller@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Aimee Boss

represented by C. Felix Miller , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donna L. Harper SEDEY HARPER, P.C. 2711 Clifton Avenue St. Louis , MO 63139 314−773−3566 Fax: 314−773−3615 Email: dharper@sedeyharper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John D. Lynn SEDEY HARPER, P.C. 2711 Clifton Avenue St. Louis , MO 63139 314−773−3566 Fax: 314−773−3615 Email: jlynn@sedeyharper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Morgan Hagedon
V. Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant

Mary Anne O. Sedey SEDEY HARPER, P.C. 2711 Clifton Avenue St. Louis , MO 63139 314−773−3566 Fax: 314−773−3615 Email: msedey@sedeyharper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by C. Felix Miller , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donna L. Harper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John D. Lynn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Anne O. Sedey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Burton D. Garland , Jr. OGLETREE AND DEAKINS 7700 Bonhomme Avenue Suite 650 St. Louis , MO 63105 314−802−3935 Fax: 314−802−3936 Email: burton.garland@odnss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Felix Miller , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William M. Lawson LOWENBAUM PARTNERSHIP, L.L.C. 222 S. Central Avenue Suite 901 St. Louis , MO 63105 314−746−4875 Fax: 314−746−4848 Email: wlawson@lowenbaumlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert W. Stewart LOWENBAUM PARTNERSHIP, L.L.C.

Date Filed 09/21/2007
09/21/2007 10/18/2007
10/22/2007 10/22/2007
11/20/2007 11/20/2007 11/20/2007 11/20/2007 11/20/2007
11/29/2007 11/29/2007 11/30/2007

222 S. Central Avenue Suite 901 St. Louis , MO 63105 314−746−4825 Fax: 314−746−4848 Email: rstewart@lowenbaumlaw.com ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant Non−Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form # 3 Waiver of Service # 4 Disclosure Of Corporation Interests Certificate)(Miller, C.) (Entered: 09/21/2007)

Case Opening Notification Waivers issued 1, Disclosure of Corporate Interest issued to defendant. Judge Assigned: Charles A. Shaw. (SAJ, ) (Entered: 09/21/2007)

2 SUMMONS Returned Executed filed by Equal Employment Opportunity Commission. Bodega Bars USA, LLC d/b/a Mosaic Restaurant served on 9/21/2007, answer due 10/11/2007. (Miller, C.) Modified on 10/19/2007 (MRC, ).[This document entered into the record incorrectly. Attorney notified of filing error. Attorney to refile this document appropriately.] (Entered: 10/18/2007)

3 WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission (Miller, C.) (Entered: 10/22/2007)

WAIVER OF SERVICE Returned Executed {See Document #3} Bodega Bars USA, LLC d/b/a Mosaic Restaurant waiver sent on 9/21/2007, answer due 11/20/2007.[Entry made for answer due deadline. NO.PDF ATTACHED] (MRC, ) (Entered: 10/23/2007)

4 ENTRY of Appearance by Robert W. Stewart for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Stewart, Robert) (Entered: 11/20/2007)

5 ENTRY of Appearance by William M. Lawson for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Lawson, William) (Entered: 11/20/2007)

6 ENTRY of Appearance by Burton D. Garland, Jr for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Garland, Burton) (Entered: 11/20/2007)

7 ANSWER to 1 Complaint, by Bodega Bars USA, LLC d/b/a Mosaic Restaurant.(Garland, Burton) (Entered: 11/20/2007)

8 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Bodega Bars USA, LLC d/b/a Mosaic RestaurantParent companies: N/A, Subsidiaries: N/A, Publicly held company: N/A,. (Garland, Burton) (Entered: 11/20/2007)

9 MOTION for Leave to Intervene. (Attachments: # 1 Exhibit Complaint)(Lynn, John) (Entered: 11/29/2007)

10 MEMORANDUM in Support of Motion re 9 MOTION for Leave to Intervene filed by Plaintiffs Aimee Boss, Morgan Hagedon. (Lynn, John) (Entered: 11/29/2007)

11 MEMORANDUM AND ORDER −.......IT IS HEREBY ORDERED that movants Aimee Boss and Morgan Hageon's motion to intervene is GRANTED and they are joined as parties plainitff in this case. IT IS FURTHER ORDERED that the Clerk of the Court shall amend the

11/30/2007 12/04/2007
12/10/2007 12/18/2007 12/19/2007 01/04/2008 01/04/2008 01/04/2008
01/04/2008 03/03/2008

caption of this case to read as follows: Equal Employment Opportunity Commission, plaintiff, and Aimee Boss and Morgan Hagedon, intervenor plaintiffs, v. Bodega Bars USA, LLC, d/b/a/ Mosaic Restaurant, defendant,No. 4:07−CV−1645 CAS. The parties shall use this caption on all future pleadings. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the intervenor plaintiffs' complaint, which was submitted as an attachment to the motion for leave. re: 9 MOTION for Leave to Intervene filed by Plaintiff Morgan Hagedon, Plaintiff Aimee Boss. Signed by Honorable Charles A. Shaw on 11/30/2007. (MRC) (Entered: 11/30/2007)
12 INTERVENOR COMPLAINT Summons(es) issued−none, Waivers issued none, Jury Demand, filed by Aimee Boss, Morgan Hagedon.(MRC) (Entered: 11/30/2007)
13 RULE 16 ORDER (see Order for complete details)− A Scheduling Conference pursuant to Fed.R.Civ.P. 16 is set for Friday, January 4, 2008 at 9:30 am in Courtroom 12−N.....No later than fifteen (15) days before the scheduling conference, counsel shall file a joint proposed scheduling plan with the Court....This case has been preliminarily assigned to Track Two (2) Joint Scheduling Plan due by 12/20/2007. Rule 16 Conference set for 1/4/2008 09:30 AM in Courtroom 12N before Honorable Charles A. Shaw.. Signed by Honorable Charles A. Shaw on 12/4/2007. (MRC) (Entered: 12/04/2007)
14 ENTRY of Appearance by Barbara A. Seely for Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 12/10/2007)
15 Defendant's ANSWER to Complaint (Plaintiff−Intervenors') by Bodega Bars USA, LLC d/b/a Mosaic Restaurant.(Lawson, William) (Entered: 12/18/2007)
16 JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant.. (Miller, C.) (Entered: 12/19/2007)
17 ENTRY of Appearance by Mary Anne O. Sedey for Intervenor Plaintiffs Aimee Boss, Morgan Hagedon. (Sedey, Mary Anne) (Entered: 01/04/2008)
18 ENTRY of Appearance by Donna L. Harper for Intervenor Plaintiffs Aimee Boss, Morgan Hagedon. (Harper, Donna) (Entered: 01/04/2008)
19 CASE MANAGEMENT ORDER This case is assigned to Track: 2(Standard). ADR Future Reference 3/3/2008. Motion to Join Parties due by 3/31/2008. Discovery Completion due by 9/2/2008. Dispositive Motions due by 9/29/2008. Pretrial Compliance due by 2/24/2009. Motion in Limine due by 3/2/2009. Pretrial Conference set for 3/12/2009 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Jury Trial set for 3/16/2009 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Signed by Honorable Charles A. Shaw on 1/4/2008. (NCL) Modified Pretrial Compliance Date on 1/4/2008 (NCL). (Entered: 01/04/2008)
20 Minute Entry for proceedings held before Honorable Charles A. Shaw: Rule 16 Conference held on 1/4/2008 Conference by phone? No. CMO to issue. ( EEOC or Intervenor Plaintiff's NOT REPRESENTED BY COUNSEL) (Court Reporter or FTR Gold Operator initials:none present.) (FTR Gold yes or no: no.) (JWJ) Modified on 1/8/2008 (JWJ). (Entered: 01/07/2008)
21 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Mr. C.

03/13/2008 03/24/2008 03/31/2008 04/04/2008 05/13/2008 05/13/2008 05/15/2008 06/18/2008 06/19/2008
06/19/2008

Felix Miller, Jr Designation of Neutral due by 3/13/2008. ADR Completion Deadline due by 5/2/2008.. Signed by Honorable Charles A. Shaw on 3/3/08. (JWJ) (Entered: 03/03/2008)
22 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 03/13/2008)
Docket Text ORDER re: Doc. 22 , Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, and Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant; ORDERED GRANTED. The parties shall complete mediation by June 16, 2008. Signed by Honorable Charles A. Shaw on March 24, 2008. (SMH) (Entered: 03/24/2008)
23 Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant Neutral: John Gianoulakis Date of Conference: May 28, 2008 time: 9:00 a.m. Location: U.S. Courthouse(Miller, C.) (Entered: 03/31/2008)
24 NOTICE of Appointment of Neutral Neutral name: John Gianoulakis Neutral selected by Parties(LMT) (Entered: 04/04/2008)
25 ORDER − Upon review of the Court file, the undersigned concludes there are circumstances present in this case which might give rise to the need for recusal pursuant to 28 USC 455. Accordingly, IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment.. Signed by Honorable Charles A. Shaw on 5/13/2008. (MRC) (Entered: 05/13/2008)
26 REASSIGNMENT ORDER (James G. Woodward,Clerk of Court). −......IT IS HEREBY ORDERED that the above styled cause is randomly reassigned to United States District Judge Donald J. Stohr for all further proceedings. Judge Honorable Charles A. Shaw termed. Case reassigned to Judge Honorable Donald J. Stohr for all further proceedings (MRC) (Entered: 05/14/2008)
27 ORDER − IT IS HEREBY ORDERED that the pretrial conference previously scheduled for March 12, 2009 at 2:00 p.m. is vacated to be reset upon further order of Court. Signed by Honorable Donald J. Stohr on 5/15/2008. (JMW) (Entered: 05/15/2008)
28 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 06/18/2008)
29 ORDER IT IS HEREBY ORDERED that the parties' joint motion for extension of time to complete alternative dispute resolution [Doc. #28] is granted as follows. IT IS FURTHER ORDERED that the March 16, 2009 trial setting is vacated and all pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, no later than July 1, 2008, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to comply timely with this order may result in the dismissal of this action with prejudice. Re 28 Joint MOTION for Extension of Time to Complete Mediation filed by Morgan Hagedon, Aimee Boss, Equal Employment Opportunity Commission, Bodega Bars USA, LLC d/b/a Mosaic Restaurant − Granted. (Response to Court due by 7/1/2008.) Signed by Honorable Donald J. Stohr on 6/19/2008. (NCL) (Entered: 06/19/2008)
30 ADR COMPLIANCE REPORT by Neutral: John Gianoulakis Date of Conference: 5/28/08 participated in good faith: Y, the parties DID

07/01/2008 07/01/2008 07/02/2008 07/02/2008

achieve a settlement(JWJ) (Entered: 06/19/2008)
31 Joint MOTION to Approve Consent Judgment by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 07/01/2008)
32 Consent Decree by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 07/01/2008)
Docket Text ORDER re 31 : Joint MOTION to Approve Consent Judgment, GRANTED. Signed by Honorable Donald J. Stohr on 7/2/08. (LCE) (Entered: 07/02/2008)
33 CONSENT DECREE (See document for complete details). Signed by Honorable Donald J. Stohr on 7/2/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(JMW) (Entered: 07/03/2008)

Output:
On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees.  The EEOC alleged that Defendant, Bodega Bars, engaged in unlawful employment practices on the basis of sex. In 2008, the parties entered into a consent decree that
required the Defendant to not engage in sex discrimination or sexual harassment of employees, establish a sexual harassment policy and training program for employees, as well as pay monetary damages to the two aggrieved employees. The case is presumed closed.


Input:
l i ~) :.,~;::;;- i, ': <~:"'l CO'U RT NORTHERN CHSTF;CT OF TEXAS
F I LED

I IN THE UNITED STATES DISTRICT CPURT r---N-O-V - 91999

FOR THE NORTHERN DISTRICT OF TEXAS '--_

DALLAS DIVISION

NANCY DOHERTY, CLERK

8y ____~______- - - -

EQUAL EMPLOYMENT OPPORTUNITY }

Deputy

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

} }

3-99CV~555-D

v.

} COMPLAINT

}

PARFUMES DE COUER, LTD., INC.

} (JURY DEMANDED)

}

}

Defendant. }

NATURE OF THE ACTION This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Charging Party Tracy Cantu. The Equal Employment Opportunity Commission alleges that the Defendant Employer, Parfumes De Couer, Ltd., Inc., violated Title VII when it discharged Tracy Cantu based on her sex, female, and because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337,1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. § 2000e-5(f)(I), (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Northern District of Texas.

COMPLAINT

1

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission ("the Commission"), is an

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 Sections 706(f)(1) and

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

4.

At all relevant times, Defendant, Parfumes De Couer, Ltd., Inc., has continuously

been and is now doing business in the State ofTexas and has continuously employed at least fifteen

employees.

5. At all relevant times, Defendant 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, Tracy Cantu filed a

charge of discrimination with the Commission alleging a violation of Title VII by the Defendant.

All conditions precedent to the institution ofthis lawsuit have been fulfilled.

7. Since at least February 6, 1998, the Defendant has engaged in conduct in violation

of Section 703(b) ofTitle VII, 42 U.S.C. § 2000e-2(b) by discharging Tracy Cantu because she was

pregnant.

8. The effect ofthe practices complained of in paragraph 7 above has been to deprive

Tracy Cantu of equal employment opportunities because of her sex.

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

intentional.

COMPLAINT

2

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

committed with malice or with reckless indifference to the federally protected rights ofTracy Cantu.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in any employment

practice which discriminates on the basis of sex and pregnancy.

B. Order the Defendant to institute and carry out policies, practices and programs that

provide equal employment opportunities for all of its female employees, and eradicate the effects

of the Defendant's past and present unlawful practices.

C. Order the Defendant to make Tracy Cantu whole by providing appropriate backpay

with prejudgment interest, in amounts to be proved at trial, front pay and pecuniary damages,

including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of

the Defendant's unlawful employment practices, including but not limited to rightful place

reinstatement of Tracy Cantu.

D. Order the Defendant to make whole Tracy Cantu by providing compensation for past

and future non-pecuniary losses resulting from the unlawful employment practices described in

paragraph 7 above, including but not limited to pain and suffering, humiliation, embarrassment,

emotional distress, anxiety and loss of enjoyment oflife, in amounts to be determined at trial.

E. Order the Defendant to pay Tracy Cantu punitive damages for its malicious conduct

or reckless indifference described and referenced in paragraphs 7 and 10 above, in an amount to be

determined at trial.

COMPLAINT

3

F. Grant such further relief as the Court deems necessary and proper in the public
interest.
G. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel Designate
~~
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
~c9-71tj1 AWRENCEMAYS Supervisory Trial Attorney Ohio State Bar No. 0038288

~~
EVEL . MAIBEN Sr. Trial Attorney Alabama State Bar No. 422865852
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331

COMPLAINT

4

 U.S. DISTRICT COt;RT NORTHERN DISTRICT OF TEXAS
FILED----.

' !N THE UNITED STATES DISTRICT CO RT

R\ IJOR THE NORTHERN DISTRICT OF T AS

O G\NA DALLAS DIVISION

CLERK,u.s. DISTRICT COURT •

EQUAL EMPLOYMENT OPPORTUNITY

}

ct B l _ - - = - - : - - - Deputy

!.\I.

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

}

3: 99-CV-2555-0

}

v.

}

PARFUMS DE COEUR, LTD., INC.,

}

(JURY DEMANDED)

}

Defendant

}

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Equal

Employment Opportunity Commission ("EEOC") and Parfums de Coeur, Ltd., Inc.

("Parfums de Coeur"), in the United States District Court for the Northern District of

Texas, Dallas Division, with regard to the EEOC's Complaint filed on November 9, 1999

in Civil Action No. 3:99-CV-2555-D. The Complaint was based upon charges of

discrimination filed by Charging Party Tracy Cantu, against Defendant.

The EEOC and Parfums de Coeur agree to compromise and settle the

differences embodied in the Complaint, and intend that the terms and conditions of the

compromise and settlement be set forth in this Consent Decree ("Consent Decree").

1. This Consent Decree, together with the Confidential Settlement

Agreement between Tracy Cantu and Parfums de Coeur, Ltd. resolves all issues raised

in the charges of discrimination filed by Tracy Cantu with the EEOC. This Agreement

further resolves all issues in the Complaint filed by the EEOC in this civil action. The

EEOC waives further claims and/or litigation on all issues raised in the above

referenced charges and Complaint. EEOC understands that this Consent Decree

covers and waives all claims that it has or might assert against Defendant, any

predecessors or successors to such entity, any currently or formerly related companies, and any current or former corporate owners, officers, directors, employees, agents, insurers, and representatives of such entities, arising from or relating in any way to the employment of Tracy Cantu with the Defendant, the separation of that employment and/or the facts and allegations made the basis of the above-referenced lawsuit and/or the charges of discrimination filed or complaints made by Tracy Cantu against or about Defendant. The EEOC does not waive processing or litigating charges other than the above referenced charge.s.
2. It is expressly agreed that execution of this Consent Decree and payment of the consideration to Ms. Cantu in connection with this settlement is in no wayan admission of liability or fault, but is a compromise settlement of disputed claims asserted by the EEOC on behalf of Tracy Cantu by which Parfums de Coeur and any and all other persons or corporations having an interest in this matter are forever buying their peace. Parfums de Coeur agrees that it will continue to conduct all employment practices in a manner that complies with Title VII of the Civil Rights Act of 1964.
3. It is understood that after the release payment is made to Tracy Cantu, Parfums de Coeur, any predecessors or successors to that entity, any currently or formerly related companies and any current or former corporate owners, officers, directors, employees, agents, insurers and representatives of such entities, have no further obligation to Tracy Cantu for any claims arising or resulting from Ms. Cantu's employment with Defendant, the separation of that employment and/or the facts and allegations made the basis of the above-referenced lawsuit and/or the charges of discrimination and complaints filed by or made by Tracy Cantu against the Defendant.

4. Parfums de Coeur agrees that it shall continue to conduct all employment

practices in a manner which does not subject any employee to gender discrimination,

including pregnancy discrimination under Title VII of the Civil Rights Act and Title I of

the Civil Rights Act of 1991.

5. Parfums de Coeur agrees to post its Anti-Discrimination Policy (the

"Policy") appended hereto as Attachment "A" on the employee bulletin board within ten

(10) days after the entry of this Consent Decree. Parfums de Coeur agrees to distribute

the Policy to each employee within 30 days after the entry of this Consent Decree.

Parfums de Coeur agrees to require each employee to sign an Acknowledgement

stating that the employee has received and reviewed the Policy. Defendant will report

to the EEOC that it has complied with this requirement within 14 days after posting and

delivering the Policy. The posting and distributing of this Anti-Discrimination Policy is to

inform employees about discrimination. EEOC's agreement that Attachment A be

posted is in no wayan endorsement or approval of the specific anti-discrimination policy

as an, effective anti-discrimination policy.

6. Parfums de Coeur agrees to pay the amount of Five Thousand Dollars

and No Cents ($5000.00), to resolve all claims for damages to Tracy Cantu. The

amount shall be paid by check to Ms. Cantu, which shall be sent by certified mail, return

receipt requested, to Tracy Cantu within 10 days after the Consent Decree is entered

and Parfums de Coeur has received Ms. Cantu's executed Settlement Agreement and

Release of Claims ("Agreement").

7.

The parties to this Consent Decree agree to bear their own costs

associated with the above-referenced Complaint. The term of this Consent Decree shall

be for two years.

SO ORDERED, ADJUDGED AND DECREED this z...5~day of -'-f_o(_-=....;~__ &.M __
2001.

rJd;J Dated this

day of March 2001.

APPROVED AS TO FORM AND SUBSTANCE:

Counsel for Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

Counsel for Defendant: PARFUMS DE COEUR, LTD., INC.

ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782 SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470 EVELYN R. MAIBEN Sr. Trial Attorney Alabama Bar No. MA1003 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 South Houston Dallas, Texas 75202 (214) 655-3336 (214) 655-3331 (fax)

OAf .DARGENE'Te>G s Bar No. 05384200 JANA M. FERGUSON Texas Bar No. 24002081 Winstead Sechrest & Minick P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, TX 75270 (214) 745-5400 (214) 745-5390 (fax)

EQUAL EMPLOYMENT POLICY

It is the Company's policy to maintain a working environment free from all forms of discrimination and harassment of any employee or applicant for employment, based upon race, sex, religion, national origin, age, disability, or veteran status. Discrimination in any manner or form is expressly prohibited and will not be tolerated. The Company is committed to vigorously enforcing this policy against discrimination. This policy applies to all aspects of employment including, but not limited to, recruitment, selection, hiring, training, promotions, transfers, discipline/counseling, pay rates, benefit plans, terminations, and all other forms of compensation and benefits. The Company is also committed to compliance with the Americans with Disabilities Act of 1990 and will provide reasonable accommodation to applicants and employees when such reasonable accommodations do not impose an undue hardship on the Company.

All reported or suspected occurrences of discrimination will be promptly and thoroughly investigated. Where discrimination is determined to have occurred, the Company will take appropriate disciplinary action, including possible suspension, transfer and/or termination.

ANTI-HARASSMENT POLICY

Harassment is defined to include any unwelcome conduct directed toward an employee or applicant based upon that individual's race, sex, pregnancy, religion, national origin, age, disability, or veteran status. Sexual harassment is more broadly defined to include any unwelcome and unsolicited sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:

1. Submission to such conduct is an explicit or implicit term or condition of employment; or
2. Employment decisions are based on an employee's submission to or rejection of such conduct; or
3. Such conduct interferes with an individual's working performance or creates an intimidating, hostile or offensive working environment.

The Company considers the following conduct to represent some of the types of actions which may violate this sexual harassment policy:

A. Physical assaults of a sexual nature;

ATTACHMENT "A"

B. Unwanted sexual advances, propositions, innuendos or other sexual comments, i.e., unwanted sexual jokes, vulgar language, and sexual gestures;
C. Sexual or discriminatory displays, photographs or publications in any observable location, i.e., any sexually suggestive pictures, cartoons, or photographs.
The above list is not meant to be exhaustive, but is included to provide examples of prohibited actions.
WHAT YOU SHOULD DO IF YOU ARE HARASSED
The purpose of this policy is to provide employees with a convenient, confidential, and reliable method for reporting incidents of harassment. Any employee who feels that he or she has been, or is being harassed, or otherwise discriminated against, must immediately report such incidents to Ed Kaminski at (203) 655-8807. Employees who do not wish to go to Ed Kaminski, may instead report to any supervisor or manager within the company. You will not be penalized in any way for reporting such conduct. All reports of harassment will be treated seriously, promptly investigated and, to the extent possible, confidentiality will be maintained.
Any employee of the Company who is found, after appropriate investigation, to have violated this policy will be subject to disciplinary action up to and including termination.
DUTIES OF EMPLOYEES
All employees of the Company are responsible for assuring that a workplace free of harassment is maintained. Any employee may file a harassment complaint regarding incidents experienced personally or incidents observed in the workplace. Do not assume that the Company is aware of the problem. It is the employee's responsibility to bring the complaints to the attention ofthe Company so that we can helR resolve them. The Company strives to maintain a lawful, pleasant work envi;onmentwhere alI(Jmployees are able to effectively perform their work without interference of any !yp~.
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CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:99-cv-02555

Equal Employment Opp v. Parfumes De Couer Assigned to: Judge Sidney A Fitzwater Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 11/09/1999 Date Terminated: 03/23/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evelyn R Maiben Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/655-3300 Fax: 214/655-3331 FAX

V.
Defendant Parfumes De Couer Ltd, Inc

represented by Dan C Dargene Winstead Sechrest & Minick Renaissance Tower 1201 Elm St Suite 5400 Dallas, TX 75270-2120 214/745-5400 Fax: 214/745-5390 FAX Email: ddargene@winstead.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 11/09/1999 11/09/1999 11/09/1999 11/09/1999 01/18/2000 01/18/2000 02/14/2000 02/14/2000
02/14/2000 07/20/2000 07/20/2000 07/20/2000 07/21/2000
07/21/2000

#

Docket Text

1 COMPLAINT filed; GOVT-NO FEE PAID (4) (lag) (Entered: 11/10/1999)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (lag) (Entered: 11/10/1999)
1 DEMAND for jury trial by plaintiff Equal Employment Opp (lag) (Entered: 11/10/1999)
2 SUMMONS(ES) issued for defendant Parfumes De Couer (ISS-1) (lag) (Entered: 11/10/1999)
3 ANSWER to Complaint by defendant Parfumes De Couer (Attorney Dan C Dargene), (4) (lag) (Entered: 01/19/2000)
4 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 2/18/00 <SEE ORDER FOR SPECIFICS> (signed by SAFitzwater) Copies to counsel: 01.19.00 Page(s): 3 (lag) (Entered: 01/19/2000)
5 JOINT STATUS REPORT by plaintiff Equal Employment Opp, defendant Parfumes De Couer (3) (lch) (Entered: 02/15/2000)
6 SCHEDULING ORDER setting Joining of Parties on 6/1/00 ; Amending of Pleadings on 2/1/01 ; Discovery cutoff 2/1/01 ; Deadline for filing of dispositive motions 3/1/01 ; ( signed by Judge SAFitzwater) Copies to counsel: 2/15/00 Page(s): 3 (lch) (Entered: 02/15/2000)
6 STATUS REPORT ORDER. Status report due on 2/1/01 ( signed by Judge SAFitzwater) Copies to counsel: 2/15/00 Page(s): 3 (lch) (Entered: 02/15/2000)
7 MOTION by plaintiff Equal Employment Opp to quash notice of intention to take deposition by written questiosn (3) (lch) (Entered: 07/20/2000)
8 MEMORANDUM by plaintiff Equal Employment Opp in support of [7-1] motion to quash notice of intention to take deposition by written questiosn (5) (lch) (Entered: 07/20/2000)
9 APPENDIX by plaintiff Equal Employment Opp in support of [7-1] motion to quash notice of intention to take deposition by written questiosn (9) (lch) (Entered: 07/20/2000)
10 ORDER SETTING HEARING in the courtroom of Magistrate Judge Jeff Kaplan Motion hearing set for 10:30 7/28/00 for [7-1] motion to quash notice of intention to take deposition by written questiosn ( signed by USMJ Kaplan) Copies to counsel: 7/24/00 Page(s) 2 (lch) (Entered: 07/24/2000)
11 ORDER OF REFERENCE: [7-1] motion to quash notice of intention to take deposition by written questiosn referred to Magistrate Judge Jeff Kaplan ( Signed by Judge Fitzwater) Copies to counsel: 7/24/00 Page(s): 1 (lch) (Entered: 07/24/2000)

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07/25/2000 07/27/2000
08/09/2000 08/09/2000 08/14/2000
08/16/2000 08/16/2000 08/18/2000 08/25/2000 08/31/2000 09/29/2000 01/12/2001 01/16/2001
01/16/2001 03/23/2001

12 MOTION by defendant Parfumes De Couer to withdraw Notices of Intention to take Deposition by written questions (2) (lch) (Entered: 07/26/2000)
13 ORDER granting [12-1] motion to withdraw Notices of Intention to take Deposition by written questions, mooting [7-1] motion to quash notice of intention to take deposition by written questiosn ( signed by USMJ Kaplan) Copies to counsel: 7/28/00 Page(s) 2 (lch) (Entered: 07/28/2000)
14 MOTION by defendant Parfumes De Couer to compel answers to discovery (15+) (lch) (Entered: 08/10/2000)
15 ORDER OF REFERENCE: [14-1] motion to compel answers to discovery referred to Magistrate Judge Jeff Kaplan ( Signed by Judge Fitzwater) Copies to counsel: 8/10/00 Page(s): 1 (lch) (Entered: 08/10/2000)
16 ORDER Motion hearing set for 10:00 8/18/00 for [14-1] motion to compel answers to discovery Hearing shall be in the courtroom of USMJ Kaplan ( signed by USMJ Kaplan) Copies to counsel: 8/15/00 Page(s) 2 (lch) (Entered: 08/15/2000)
17 RESPONSE by plaintiff Equal Employment Opp to [14-1] motion to compel answers to discovery (10) (lch) (Entered: 08/17/2000)
18 APPENDIX by plaintiff Equal Employment Opp in support of [17-1] motion response (8) (lch) (Entered: 08/17/2000)
19 Minute order: For Dft's Motion to Compel discovery Held before Magistrate Judge Jeff Kaplan; Order to follow by noon on 8/25/00. Court Reporter: Leslie Finn (1) (lch) (Entered: 08/21/2000)
20 ORDER granting [14-1] motion to compel answers to discovery ....see order for specifics ( signed by USMJ Kaplan) Copies to counsel: 8/28/00 Page(s) 2 (lch) (Entered: 08/28/2000)
21 TRIAL SETTING ORDER set docket call for 9/17/01 see order for specifics ( signed by Judge Fitzwater) Copies to counsel: 9/1/00 Page(s) 5 (lch) (Entered: 09/01/2000)
22 TRANSCRIPT filed Court Reporter: Janet Wright Date(s): 8/18/00 Volume(s): 1 Type of proceeding: Hearing on Motion to Compel Discovery (15) USC (lch) Modified on 10/02/2000 (Entered: 10/02/2000)
23 JOINT MOTION to extend time Discovery and Dispositive Motions Deadlines by plaintiff Equal Employment Opp, defendant Parfumes De Couer (3) (lch) (Entered: 01/16/2001)
24 ORDER granting [23-1] joint motion to extend time Discovery and Dispositive Motions Deadlines reset scheduling order deadlines: Discovery deadline on 2/22/01 Deadline for filing of dispositive motions by 3/22/01 ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)
24 STATUS REPORT ORDER. Status report due on 2/22/01 ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s): 1 (lch) (Entered: 01/17/2001)
25 Consent Decree/ORDER...Parfums de Coeur agrees to pay $5,000.00 to resolve all claims for damages to Tracy Cantu...The parties to this Consent Decree agree

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03/23/2001

to bear their own costs associated with the above-referenced Complaint. The term of this Consent Decree shall be for 2 years. <see consent decree for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/26/01 Page(s) 7 (djd) (Entered: 03/26/2001)
Case closed (djd) (Entered: 04/04/2001)

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Output: On November 9, 1999, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Northern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, as amended, against Parfumes De Couer Limited, Inc.  The EEOC sought reinstatement of the applicant, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant fired the complainant based on her sex because she was pregnant. On March 23, 2001, the District Court entered a consent decree where the defendant, among other things, agreed to pay the complainant $5,000.