----- ------------------------------Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 1 of 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v. NELSON TREE SERVICES, INC.
Defendant

U.S. OISHIICT COUIH WEST£RII Dt$TRtCT OF LOUISIAHA
~tlfD

SEP 8 2004
•.RO,~R:T~H~.~~~C~L~fR:K_

•

IX PUT!'

•

CIVIL ACTION NO•

:CV0-1:.;.~0.19- S

• •

.f{j8EGE STAGG

•

•
•

~Sffi'ATE JUDG: Pr~ Yrr

•

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 sex and to provide appropriate relief to Timothy Wayne Tims ("Mr. Tims"), who was adversely affected by being discriminated against because of sex (male) by his employer, Defendant herein. The Commission alleges that Mr. Tims was sexually harassed by his male supervisor.
JURISDICTION AND VENUE I.
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(1)(1) and (3) of

Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 2 of 7
Title VII ofthe Civil Rights Act of I964, as amended, 42 U.S.C.§ 2000e-5(f)(l) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 198la.
2. Venue is proper in this Court under 28 U.S.C. § 1391 and Section 706(1)(3) of Title VII, 42 U.S.C. § 2000e-5(f)(3). The unlawful actions which are the subject of the instant lawsuit occurred within the jurisdiction ofthe United States District Court for the Western
District of Louisiana. PARTIES
3. Plaintiff, the United States 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(1)(1) and (3) ofTitle Vll,42 U.S.C. § 2000e-5(f)(l) and (3).
4.
At all relevant times, Defendant Nelson Tree Service, Inc. (the "Employer"), has continuously been doing business in the State of Louisiana and the City ofHanunond, and has continuously had at least fifteen (15) employees.
-2-

Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 3 of 7
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 (b) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6.
More than thirty (30) days prior to the institution of this lawsuit, Mr. Tims 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 August, 2001 and ending in December, 2001, Defendant engaged in unlawful employment practices at its job sites in Arcadia, Monroe, Ringo and Tallullah, Louisiana, in violation of Section 703 of Title VII, 42 U.S.C. §§ 2000e-2. Specifically, Mr. Tims was subjected to unwelcome sexual harassment in the form of requests for
sexual favors, sexual remarks and unwelcome comments and touching by a supervisory
employee of the Defendant so as (a) to materially alter the terms and conditions of his employment, or (b) to impede his ability to perform his job, and (c) expose Mr. Tims to a
sexually offensive work environment.
-3-

Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 4 of 7
8. The individual who harassed Mr. Tims was Defendant's "agent" within the meaning of Title VII.
9. Prior to and at the time of the harassment now complained of, Defendant did not have an effective anti-harassment policy at the site where Mr. Tims worked.
10. Defendant either knew or should have known of the illegal actions ofthe individuals who harassed Mr. Tims.
11. Despite Mr. Tims' complaints, Defendant did not take appropriate reasonable steps to prevent Mr. Tims from being subjected to illegal harassment.
12. The effect of the practices complained of in paragraphs 7 through II above has been to deprive Mr. Tims of equal employment opportunities and otherwise adversely affect his status as an employee because ofhis sex, male.
13. The unlawful employment practices complained of in paragraphs 7 through II were intentional.
-4-

Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 5 of 7
14. The unlawful employment practices complained of in paragraphs 7 through II above were done with malice or with reckless indifference to the federally protected rights of Timothy Wayne Tims.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:
A. Grant a pennanent injunction enjoining Defendant Nelson Tree Service,
Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment 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 all employees, and which eradicate the effects of its past and present unlawful employment practices, including but not limited to an effective anti-harassment policy; C. Order Defendant to make whole Mr. Tims 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: reinstatement or front pay.
- 5-

Case 5:04-cv-02019-TS-MLH Document 1-1 Filed 09/28/2004 Page 6 of 7
D. Order Defendant to make whole Mr. Tims, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 7 through II above, including but not limited to: emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation;
E. Order Defendant to pay Mr. Tims punitive damages for its malicious and reckless conduct described in paragraphs 7 through II above, in amounts to be determined at trial;
F. Grant such further relief as the Court deems necessary and proper in the public interest;
G. Award the Commission its costs of this action.
JURY TRIAL DEMAND In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Commission hereby requests a jury trial on all questions of fact raised by its complaint.
ERIC DREffiAND General Counsel No Bar Roll Number Assigned JAMESL.LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS
Associate General Counsel
No Bar Roll Number Assigned - 6-

-----------~···-·------
Case 5:04-cv-02019-TS-MLH Document 1-1

Filed 09/28/2004

Page 7 of 7

Supervisory Trial Attorney La. Bar Roll No. 1286 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70ll3-9936 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) Fax: (504) 589-2805 COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Counsel for the Defendant: Berrigan, Litchfield, Schonekas, Mann, Traina and Thompson, LLC
by Michelle L. Marais! 400 Poydras Stree~ Suite 2000 New Orleans, LA 70130
- 7-

 </s> Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006

USOC, WEBRTE'iC';E.I~V~~El:i-DRL,ICCiLOEFRKLA
=--- ~•·•·R-~Q_-SE_..A_.T:_.~'_i.LO.U,·dti~'i~L---,_-,-Q-~·--

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

Page 1 of 10

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
NELSON TREE SERVICES, INC., Defendant.

§

CIVIL ACTION NO.

§

CV04-2019

§

§

§

§

DIVISION "S"

§

§

JUDGE STAGG

§

§

MAGISTRATE HORNSBY

§

§

CONSENT DECREE

1. The United States Equal Employment Opportunity Commission ("the

Commission") instituted the captioned civil action in the United States District Court for the

Western District of Louisiana, charging Nelson Tree Service, Inc. ("Nelson Tree Service" or

"Defendant"), with violations of Title VII of the Civil Rights Act of 1964, as amended (..Title

VIT"), and alleging that Defendant allowed a sexually hostile work environment against Timothy

Wayne Tims (hereinafter sometimes referred to as "Tirns" or "Timothy W. Tims") because of his

sex, male; and

2. The Commission and Nelson Tree Service desire to settle this action and do

hereby consent to the entry of this Consent Decree as final and binding between the parties

signatory hereto and their successors or assigns, except as referenced below in paragraphs 22 and

23.

3. This Consent Decree is being issued with the consent of the parties and does not

constitute an adjudication of fmding by this Court on the merits of the allegations of the

- - - Cas- e 5:- 04-c- v-0- 201- 9-TS--MLH Document 40-1 Filed 04/18/2006 Page 2 of 10
complaint. By entering this Decree, Nelson Tree Service does not admit, nor has this Court made
any determination with respect to, the claims that there have been HI1Y violations of Title VII or any other applicable statute, regulation or ordinance. Nothing contained in this Decree shall be construed as an admission of liability on the part ofNelson Tree Service.
4. In connection with this Consent Decree, the Charging Party, Timothy Wayne Tirns, will enter a separate settlement and release agreement with Nelson Tree Service. The compensatory relief terms are delineated in paragraph 13 of this Decree.
JURISDICTION 5. This Court has jurisdiction over the subject matter of this action and over the parties to this action; and 6. The Commission and Nelson Tree Service have agreed to settle this matter for the relief specified in this Consent Decree; and 7. The parties to this lawsuit agree that this Consent Decree is being entered into for the purpose of resolving disputed claims without the burden, expense or delay of protracted litigation: Therefore it is ORDERED, ADJUDGED, AND DECREED, that: 8. This Consent Decree is entered in full and complete settlement of any and all claims arising out of or asserted in Civil Action No. CV04-2019-S and Charge No. 270-200301485, on behalf of Timothy Tims. With the entry of this Consent Decree, Case No. 04-2019-S shall be considered and hereby is dismissed, with prejudice. However, the Court shall retain jurisdiction over all matters relating to the enforcement of this Consent Decree.
-Page Z of9 Consent Decree: EEOC v, Nelson Tree Service, Inc,

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 3 of 10
9. Neither the negotiation, nor the execution, nor the entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by Nelson Tree Services that its officers, agents or employees have violated or have not been in compliance with Title VTI or any other applicable law, regulation or order.
I 0. Nelson Tree Service agrees that it will not, either through its directors, officers, agents, employees or successors, permit discrimination in the workplace against any applicant for employment or employee based upon such person's sex. Defendant will take prompt and remedial action to correct any discrimination on the basis of sex, specifically including sexual harassment, that may occur.
11. Nelson Tree Services agrees that it will not, either through its directors, officers, agents, employees or successors, permit discrimination in the workplace against any applicant for emplO}lllent or any employee, particularly any retaliatory action, because the employee or applicant has exercised his or her federally protected right to make a complaint under Title Vll, and Defendant will not engage in illegal retaliatory management decisions.
12. Defendant agrees to segregate from any and all of Timothy Tims' personnel files all documents related to Tims' Charge of Discrimination and the Commission's lawsuit. Nelson Tree Service agrees that its managerial employees and Human Resources staffwill not reference any of the following to any potential employer of Mr. Tims: Tims' Charge, the Commission's lawsuit, or this Consent Decree entered in the Commission's lawsuit. Defendant further agrees that the sample job reference attached hereto as Exhibit "A" will be used in response to mqu1ries.
-Page3of9 Consent Decree: EEOC v. Nelson Tree Senice,Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 4 of 10
COMPENSATORY RELIEF 13. Defendant shall tender to Timothy W. Tims the gross sum ofTen Thousand ($10,000.00) Dollars as damages. Defendant may condition this tender to Timothy W. Timson his execution of a settlement and release agreement. The parties agree that Timothy W. Tims will execute the settlement and release agreement no later than fourteen (14) days after entry of this Consent Decree. At that time, Nelson Tree Service will disburse the settlement funds to Mr. Tims. A copy of the settlement and release agreement will be sent to Mr. Tims, at Post Office Box 1796, Hodge, Louisiana 71247, at least ten (10) days prior to the scheduled date for signing to allow Mr. Tims the opportunity to review the agreement and/or consult with private counseL 14. The Commission has not sought backpay and/or frontpay on behalf of Tirns, thus, the amounts paid are in recognition of the emotional personal injuries Tims has allegedly sustained. As such, there shall be no withholding made from the payment and said payment will be evidenced by an IRS Fonn 1099. Tims agrees that he will indemnifY Defendant, including its officers, O\.Vflers, agents and employees, from any tax liability, fines and/or interest, regardless against whom levied or assessed, related to or arising from such payment. 15. Within ten (lO) days of disbursement of the funds, Defendant shall provide a copy of the check to the Commission. The copy should be sent to Regional Attorney James
Sacher, U.S. EEOC, Houston District Office, 1919 Smith Street, "fb Floor, Houston, Texas,
77002-8049. ANTI-DISCRIMINATORY POLICY
16. Defendant shall continue to enforce its existing policies prohibiting
-Page4of9 Consent Decree: EEOC v. Nelson Tree Servic;c.Inc.

·--··-------
Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 5 of 10
discrimination and Defendant agrees, during the term of this decree, to maintain an "800'' telephone number that allows its employees to reach the employee available to receive anonymous submissions of allegations of discrimination. Defendant sha11 provide a copy of its policy to the Commission and to Defendant's management staff, foremen, supervisors, and employees who are or became employed in Louisiana dwing the term of this Consent Decree.
17. Defendants will distribute a Notice to Employees to Defendant's Louisiana employees, with their paychecks, at least once during the ftrst seventy-five days of the Consent Decree period. This Notice is attached hereto as Exhibit "B." The Notice to Employees will be distributed two (2) additional times to Defendant's Louisiana employees during the term of the Consent Decree.
ON-THECIOB DRUG TESTING POLICY 18. Defendant agrees to comply with all applicable federal and state regulations dealing with the administration of drug tests. In so doing, Defendant will continue its efforts to maintain the personal privacy of its employees, as required by law.
TRAINING PROVISION 19. Defendant shal1 provide at least two (2) managerial training sessions for Louisiana supervisors, during the two (2) year term of the Consent Decree regarding equal employment opportunity rights and responsibilities, with a focus on sexual harassment. The training shall include specific instruction regarding sexual harassment and instruction on avoiding W1iawful retaliation against employees who complain about conduct which they believe to be discrimination based on sex. In addition, the training must contain a discussion of"same-sex"
-Page 5 of9 Consent Decree: EEOC v. Nebon Tree Service. Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 6 of 10
sexual harassment. Proof of course completion shall be provided for all employees who attend this training which includes employee name, signature and social security number (or other
identifier such as employee number). Proof of same shall be provided to the EEOC no later than two (2) months after completion of training.
REPORTING PROVISION
20. Nelson Tree Service agrees to keep all records of sexual harassment complaints
made by employees under Title VII for two (2) years and agrees to provide the EEOC, every six
(6) months for two (2) years, a written report setting forth all complaints of same-sex sexual
harassment at its job sites in Louisiana The reports should set forth an explanation of the investigation and disposition of such complaints, and should have attached all documentation
pertaining to each complaint, its investigation, and its disposition. If no complaint is made during the reporting period, a report should be submitted which indicates same.
CONSENT DECREE DURATION AND ENFORCEMENT 21. The Commission may review Defendants' compliance with this Decree in the
event there has been a charge or complaint lodged with the Commission by an employee of the
Defendant in Louisiana for same-sex sexual harassment. In that case, (I) the Commission shall notify Defendant of the facts supporting the reasonable cause beliefof non-compliance and, 2) after fifteen (1 5) days notice following such notification. the Commission may inspect relevant areas, examine and copy docwnents and interview employees who have relevant knewledge. Managerial employees may have corporate counsel present during interviews.
22. In the event that Defendant fails to perform its obligations herein, the Commission
-Page6af9 Consent Decree: EEOC v. Nelson Tree Service. Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 7 of 10

is authorized to seek Court~ordered enforcement of this Consent Decree, including sanctions, if

required.

23. Should any provision of this Decree be declared or determined by any Court to

be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected

thereby and said illegal or invalid part, term or provision shall be deemed not to be a pan of this

Decree.

24. 1his Decree sets forth the entire agreement between the Commission and

Defendant as to the captioned lawsuit, and fully supersedes any and all prior agreements or

understandings between the Commission and Defendant pertaining to this lawsuit.

25. The Commission and the Defendant will bear their own attorney's fees and costs

incurred in connection Ylith the litigation of this case.

26. This Decree shall remain in effect for a period of two (2) years from the date of

its execution. The Commission shall have six (6) months from the end of the effective period of

this Decree to commence enforcement actions relative to any violations hereof by Defendant.

27. Each signatory certifies that he or she is authorized to execute this document on

behalf of the party or parties whom he or she represents.

28. The Court shall retain jurisdiction to assure compliance with this Consent Decree

and to permit entry of such further orders or modifications as may be appropriate.

IT IS so ORDERED.

I A

11.,. ND SIGNED,~~~,>& , Louisiana, this

------~2006.

-Page 7of9 Consent Decree: EEOC v, Nelson Tree Service. Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 8 of 10
APPROVED AS TO FORM AND CONTENT: FOR THE PLAINTIFF:
JAMESL.LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
Senior Tria1 Attorney (T.A. No Bar Ro11 Number Assi U.S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office
1919 Smith Street. 7"' Floor
Houston, Texas 77002-8049 (713) 209-3398 (Sacher) (713) 209-3323 (Ebron Martin) (713) 209-3402 facsimile COUNSEL FOR THE PLAINTIFF
-Page8of9 Consent Decree: EEOC v. Nelson Tree Service. Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18/2006 Page 9 of 10

FOR THE DEFENDANT'
Dflsjav

'MOCHELLE L. MARAIST ( 1739) Bc(rrigan, Litchfield, Scbonekas, Mann, Traina & Bainer, L.L.C. 400 Poydras Street Suite 2000 M Texaco Center New Orleans, LA 70130 (504) 568-0541
AND
OfCouosel: TODD D. PENNEY (#0059076, Ohio)
Scheuer Mackin & Breslin L.L.C.
II 02 Reed Hartman Highway Cincinnati, Ohio 45242 (513) 984-2040 x219
COUNSEL FOR DEFENDANT

-Page 9of9 Consenl Decree: EEOC v. Ne/wn Tree Service. Inc.

Case 5:04-cv-02019-TS-MLH Document 40-1 Filed 04/18· /2~ 00- 6 - P- ag- e 1- 0 · of 1..0- .

JUSEP ... E. BE"'"'"""• .JR. E • .JD><" 1-IT<::><.-IEU> RU!I5~CC J. 5CfHl,..EO:AS"
A<IT .. uA 5. MAN ... , 111 f> .. HOICLA A. TRAINA
..J.o.,..Es ..J. a""·"'""' .JR.
K; A n.q LEE TEHHOE O>A P.Hl'
MIGH£LLE L. MARAI5T 1C~oT" M, 0ETWEILE" i:AoREY B. 0A5l"E BRIAN .J. W~IMEA
MATTHEW P. (;,...O:NO:VEOH

BERRIGAN, LITCHFIELD, SCHONEKAS, MANN, TRAINA ANO BOLNER, LLC
LAW ANO NOTARIAL OFFICES 400 POYOI':!AS STREET· SUITE 2.000
TEXACO CENTER NEW ORLEANS, LA 70130
April 6, 2006

TCI..CPttONI; 15041 568·0541
FACSIMILE 15041 561·8655
OF COUNSEL KIM R. CHATELAIN
I<;AAEN B. SHE" MARC G. SHAG KAT
CLARENO::~ .J, DuBas, lit

VIA FEDERAL EXPRESS United States District Court IJ..lestcm District of Louisiana
Clerk of Court \1r. Robert Shemwell 300 F,\NNIN STREeT SUITE 1167 SHREVEPORT, LA 71101- 3083

~~EIVED
BY·
APR 0 7 2006
1 •RrOBs{~f~>~~f-' i!lS'"H,•(,Ic.riWOfFLLLOuCti~~ ~v , LOtJIStAU

RI: · U.S. Egual Emplovment Opportunit\' Commission vs. Nelson Tree Service. Inc. CV04-2019 Division--s··
Judge Stagg Magistrate Judge Hornsby Our File No.: 180-03-0466

Dear Mr. Shemwell:

~flU., p:;.-

Enclosed please find an original and two photoco es of the Consent Decree that we ask be filed in the above-captioned action and that a stamped py be returned to us in the enclosed selfaddressed and stamped envelope. Please note that the undersigned attempted to file this Consent Decree by U.S. Mail on March 21, 2006; however, to date. it has not yet reached the court. Accordingly. the parties arc re-submitting this Consent Decree for filing. Thank you in advance for your assistance.

Sincerely yours.

BERRIGAN, LITCHFIELD, SCHONEKAS, MANN,
TRA A and BOLNER, LC
l

MLM;\·o Encls. cc: Ms. Erania Ebron Martin w/cncl. via federal express

 </s> CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

U.S. District Court Western District of Louisiana (Shreveport) CIVIL DOCKET FOR CASE #: 5:04-cv-02019-TS-MLH

CLOSED

Equal Employment Opportunity Commission v. Nelson Tree Service Inc Assigned to: Judge Tom Stagg Referred to: Magistrate Judge Mark L Hornsby Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Erania Ebron E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3323 Fax: 209-3381 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 TERMINATED: 04/05/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

1 of 6

5/7/2007 1:56 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

V. Defendant Nelson Tree Service Inc

represented by Michelle L Maraist Berrigan Litchfield et al 201 St Charles Ave Ste 4204 New Orleans, LA 70170 504-561-0541 Fax: 504-561-8655 Email: mmaraist@berriganlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd D Penney Scheuer Mackin & Breslin 11025 Reed Hartman Hwy Cincinnati, OH 45242 800-371-6790 Fax: 580-1076 ATTORNEY TO BE NOTICED

Date Filed 09/28/2004 11/17/2004 12/13/2004 12/16/2004
02/14/2005 02/14/2005 02/15/2005

#

Docket Text

1 COMPLAINT against Nelson Tree Service Inc with Jury Demand filed by Equal Employment Opportunity Commission. ( # 1 civil cover sheet)(Prest, B) (Entered: 10/06/2004)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Nelson Tree Service Inc waiver sent on 10/12/2004, answer due 12/13/2004. (Franklin, K) (Entered: 11/17/2004)
3 ANSWER to Complaint by Nelson Tree Service Inc.(Dean, S) (Entered: 12/13/2004)
4 ORDER Rule 26 Conference between parties to take place before 2/3/2005. Rule 26 Report due by 2/17/2004. Scheduling Conference set for 2/24/2005 11:00 AM in Chambers before Magistrate Judge Roy S Payne. Signed by Judge Roy S Payne on 12/15/04. (Franklin, K) (Entered: 12/16/2004)
5 MOTION for Erania Ebron to Enroll as Co-Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(Franklin, K) (Entered: 02/14/2005)
*** Motions Transferred to Judge Mark L Hornsby regarding 5 MOTION for Erania Ebron to Enroll as Counsel (Franklin, K) (Entered: 02/14/2005)
6 ORDER granting 5 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 2/14/05. (Franklin, K) (Entered: 02/16/2005)

2 of 6

5/7/2007 1:56 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

02/15/2005
02/16/2005 02/16/2005 02/22/2005 02/22/2005 02/23/2005 02/23/2005 02/25/2005 03/02/2005
04/04/2005 04/05/2005

18 DEFICIENT PLEADING submitted by: Equal Employment Opportunity Commission, Nelson Tree Service Inc. Name of Pleading: Rule 26(f) Case Management Report. Reason for deficiency: needs original signatures. (crt,Franklin, K) DEFICIENT PLEADING WAS REPLACED IN ITS ENTIRETY ON 2/22/05, SEE RULE 26(f) CASE MANAGEMENT REPORT, DOC # 11 (Entered: 06/27/2005)
7 NOTICE of Deficiency to Erania Ebron, Michelle L Maraist on behalf of Equal Employment Opportunity Commission, Nelson Tree Service Inc re: Rule 26(f) Case Management Report submitted on 2/15/05. Reason: needs original signatures. (Franklin, K) (Entered: 02/16/2005)
8 NOTICE of copy of deficient document (Attachments: # 1 Deficient Document)(Franklin, K) (Entered: 02/16/2005)
10 NOTICE by Equal Employment Opportunity Commission of Intent to Participate in Scheduling Conference by Telephone (Franklin, K) (Entered: 02/24/2005)
11 REPORT of Rule 26(f) Planning Meeting. (Franklin, K) (Entered: 02/24/2005)
9 MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge Mark L Hornsby. Judge Roy S Payne no longer assigned to case. (Reeves, T) (Entered: 02/23/2005)
Set Deadlines/Hearings: Scheduling Conference set for 2/24/2005 11:00 AM before Magistrate Mark L Hornsby (previously set before Judge Payne). (Reeves, T) (Entered: 02/23/2005)
12 NOTICE by Nelson Tree Service Inc of Intent to Participate in Scheduling Conference by Telephone. (Dean, S) (Entered: 03/01/2005)
13 SCHEDULING ORDER: Jury Trial set for 1/9/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 12/9/2005 10:00 AM before Judge Tom Stagg. Joinder of Parties and Amendment of Pleadings due by 3/25/2005. Plaintiffs Expert Info/Reports due by 7/1/2005. Witness List due by 7/1/2005. Discovery due by 10/11/2005. Defendants Expert Info/Reports due by 10/11/2005. Dispositive Motions due by 10/11/2005. Expert Depositions due by 11/10/2005. Conference to prepare pretrial order set for 11/9/2005. Motions in Limine due by 11/25/2005. Proposed Pretrial Order due by 11/29/2005. Trial Depositions due by 12/19/2005. Trial Brief/Pretrial Submissions due by 12/30/2005. Signed by Judge Mark L Hornsby on 03/01/2005. (Henderson, D) (Entered: 03/02/2005)
14 MOTION to Substitute Attorney Keith T Hill and Pamela Alfred-George in place of Michelle T Butler and Erania Ebron by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(crt,Dean, S) (Entered: 04/04/2005)
15 ORDER granting 14 Motion to Substitute Attorney. Added attorney Keith T Hill for Equal Employment Opportunity Commission, Pamela Alfred-George for Equal Employment Opportunity Commission. Attorney Michelle T Butler and Erania Ebron terminated . Signed by Judge Mark L Hornsby on 4/4/05. (crt,McInnis, S) (Entered: 04/06/2005)

3 of 6

5/7/2007 1:56 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

06/15/2005 06/15/2005 06/16/2005 07/01/2005 07/05/2005 07/11/2005 07/12/2005 07/12/2005 07/12/2005 08/03/2005 08/03/2005 08/03/2005

16 MOTION for Todd D Penney to Appear Pro Hac Vice by Nelson Tree Service Inc. (Attachments: # 1 Certificate of good standing; # 2 Proposed Order)(crt,Dean, S) Modified on 6/15/2005 to add text that $25.00 fee has been paid. (Dean, S). (Entered: 06/15/2005)
PRO HAC VICE FILING FEE for Todd D Penney to appear on behalf of Nelson Tree Service Inc in the amount of $25.00, receipt number 122022 (crt,Lundy, N) (Entered: 06/15/2005)
17 ORDER granting 16 Motion to Appear Pro Hac Vice for appearance of Todd D Penney for Nelson Tree Service Inc; however, Mr Penney is directed to file the affidavit required by Local Rule 83.2.6W within 15 days. Signed by Judge Mark L Hornsby on June 16, 2005. (crt,Dean, S) (Entered: 06/17/2005)
19 WITNESS LIST by Equal Employment Opportunity Commission. (crt,Dean, S) (Entered: 07/05/2005)
20 MOTION to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penney by Nelson Tree Service Inc. (Attachments: # 1 Proposed Order; # 2 Affidavit of Todd D Penney)(crt,Dean, S) (Entered: 07/05/2005)
21 MOTION for Erania Ebron to Enroll as Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 07/11/2005)
22 ORDER granting 20 Motion to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penny. Signed by Judge Mark L Hornsby on 7/11/05. (crt,Franklin, K) (Entered: 07/12/2005)
23 AFFIDAVIT OF TODD D PENNY in support of Petition for Admission Pro Hac Vice Doc # (16) by Nelson Tree Service Inc. (crt,Franklin, K) (Entered: 07/12/2005)
24 ORDER granting 21 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 7/12/05. (crt,Franklin, K) (Entered: 07/13/2005)
25 MOTION to Enforce Subpoena Duces Tecum, MOTION for Attorney Fees, Costs and Expenses by Nelson Tree Service Inc. (Attachments: # 1 Certificate regarding efforts to resolve (LR 37.1) # 2 Memorandum / Brief # 3 Exhibits # 4 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)
26 MOTION to Expedite consideration of 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)
27 ORDER granting 26 Motion for Expedited Hearing. The Motion to Enforce Subpoena Duces Tecum is to be heard by telephone on 8/15/05 at 3:00 p.m. Plaintiff's opposition shall be filed, and copies provided to chambers, no later than 8/11/05. Counsel for Defendant shall arrange for the telephone conference. Signed by Judge Mark L Hornsby on 8/3/05. (crt,Franklin, K) (Entered: 08/03/2005)

4 of 6

5/7/2007 1:56 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

08/03/2005 08/11/2005 08/15/2005 08/16/2005
08/18/2005 08/18/2005 09/07/2005
09/22/2005 09/23/2005
10/11/2005 10/12/2005

Set Deadlines as to 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees. Responses due by 8/11/2005 Motion day set for telephone hearing at 8/15/2005 03:00 PM before Magistrate Judge Mark L Hornsby. (crt,Franklin, K) (Entered: 08/03/2005)
28 OPPOSITION re 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum / Brief # 2 Exhibits # 3 Text of proposed order)(crt,Franklin, K) (Entered: 08/11/2005)
29 MOTION for Leave to File Reply Brief by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order # 2 Proposed Reply Brief)(crt,Reeves, T) (Entered: 08/15/2005)
30 MINUTE ENTRY: Defendant's 25 Motion for Attorney Fees and 25 Motion to Enforce Subpoena Duces Tecum is GRANTED IN PART AND DENIED IN PART. Counsel for plaintiff shall provide the supplemental responses and information necesary to prepare the releases as soon as possible but no later than August 31, 2005. Signed by Judge Mark L Hornsby on August 16, 2005. (crt,Berry, D) (Entered: 08/16/2005)
31 ORDER granting 29 Motion for Leave to File reply to opposition to motion to compel. Signed by Judge Mark L Hornsby on August 15, 2005. (crt,Berry, D) (Entered: 08/19/2005)
32 REPLY to Response to Motion re 25 MOTION for Attorney Fees and MOTION to Enforce Subpoena Duces Tecum filed by Nelson Tree Service Inc. (crt,Berry, D) (Entered: 08/19/2005)
NOTICE OF SERVICE SUSPENDED: Notice to Erania Ebron, Michelle L Maraist is discontinued in this case due to unsuccessful mail delivery resulting from Hurricane Katrina. Until mail delivery resumes and/or notification of a change of address or substitution of counsel is received, above-named counsel will not receive notice. (crt,Brown, A) (Entered: 09/07/2005)
33 NOTICE of Temporary Change of Address by Michelle L Maraist. (crt,Whidden, C) (Entered: 09/23/2005)
NOTICE OF SERVICE RESTORED: Notice to Michelle L Maraist has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Joffrion, B) (Entered: 09/23/2005)
34 MOTION to Continue Remaining Deadlines and Trial Date with Incorporated Memorandum WITH CONSENT and MOTION for a Telephone Status Conference by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: 10/11/2005)
Set Hearings: Magistrate Judge Telephone Status Conference set for 11/15/2005 10:30 AM before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: 10/13/2005)

5 of 6

5/7/2007 1:56 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?822243597942501-L_9...

10/13/2005 10/24/2005 11/09/2005 11/15/2005
01/12/2006 04/07/2006 04/18/2006

35 ORDER granting 34 Motion to Continue, granting all unexpired scheduling order deadlines and trial and 34 Motion for Telephone Status Conference on 11/15/05 at 10:30 AM. Signed by Judge Mark L Hornsby on 10/12/05. (crt,Brown, A) (Entered: 10/13/2005)
36 NOTICE of Temporary Change of Address by Jim Sacher on behalf of E E O C (crt,Franklin, K) (Entered: 10/24/2005)
NOTICE OF SERVICE RESTORED: Notice to Erania Ebron has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Alvarez, S) (Entered: 11/09/2005)
37 SCHEDULING ORDER: At the 11/15/2005 telephone status conference the following dates were set on the docket of Judge Stagg: Jury Trial set for 9/11/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 8/11/2006 11:00 AM before Judge Tom Stagg. Discovery due by 3/31/2006. Defendants Expert Info/Reports due by 3/31/2006. Dispositive Motions due by 3/31/2006. Expert Depositions due by 4/28/2006. Conference to prepare pretrial order set for 7/12/2006. Motions in Limine due by 7/27/2006. Proposed Pretrial Order due by 8/1/2006. Trial Depositions due by 8/21/2006. Trial Brief/Pretrial Submissions due by 9/1/2006. Signed by Judge Mark L Hornsby on 11/15/2005. (crt,McDonnell, D) (Entered: 11/17/2005)
38 NOTICE of Return to Permanent Address by Michelle L Maraist (crt,Brown, A) (Entered: 01/12/2006)
39 PROPOSED Consent Decree by Equal Employment Opportunity Commission, Nelson Tree Service Inc. (Attachments: # 1 Exhibits)(crt,Dean, S) (Entered: 04/07/2006)
40 CONSENT DECREE. Signed by Judge Tom Stagg on 4/17/2006. (Attachments: # 1 Exhibits)(crt,McDonnell, D) (Entered: 04/18/2006)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

05/07/2007 13:45:50

hs0328 Client Code: nniles

Docket Report

Search Criteria:

5:04-cv-02019-TS-MLH

4

Cost:

0.32

6 of 6

5/7/2007 1:56 PM


[CONTENT] September 2004 | the New Orleans District Office | EEOC | Nelson Tree Services | the U.S. District Court | the Western District | Title VII of the Civil Rights Act | 1964 |||  ||| April 2006 ||| 2 years ||| 2008 [SUMMARY] In September 2004, the New Orleans District Office of the EEOC filed this suit against Nelson Tree Services in the U.S. District Court for the Western District of Louisiana, alleging that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, a male employee, to a sexually hostile work environment.  Specifically, the charging party was subjected to sexual harassment by his male supervisor including requests for sexual favors, unwelcome sexual comments, and unwanted touching.  After some discovery disputes, the parties settled through a consent decree in April 2006.  

The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.