IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF INDIANA HAMMOND DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

FLYING J INC.

)

)

)

Defendant.

)

)

:. 04CV "
CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil

Rights Act of 1991 and the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of sex and age, and to provide appropriate relief to James

Kypreos who was adversely affected by such practices. As alleged with greater particularity in

paragraph 8 below, the Commission alleges that Flying J Inc. terminated Mr. Kypreos because of

his sex and his age (70).

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"), Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and Section 7(b) of the

Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"),

which incorporates by reference Sectionsl6(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Indiana, Hammond 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 the ADEA, 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) and by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Star. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Flying J Inc. (the "Employer"), has continuously been a Utah corporation doing business in the State of Indiana and the City of Lake Station, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h) and Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance
2

with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, James Kypreos filed a charge with the Commission alleging violations of Title VII and the ADEA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. On or about September 5, 2003, Defendant engaged in unlawful employment practices at its Lake Station, Indiana facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 4(a) of the ADEA, 29 U.S.C. § 623(a). Defendant Employer terminated James Kypreos from his cashier position because of his sex (male) and age (70) while retaining and hiring younger female cashiers. 9. The effect of the practice complained of in paragraph 8 above has been to deprive James Kypreos of equal employment opportunities and otherwise adversely affect his status as an employee, because of his sex and age. 10. The unlawful employment practice complained of in paragraph 8 above was intentional. 11. The unlawful employment practice complained of in paragraphs 8 above was willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b). 12. The unlawful employment practice complained of in paragraph 8 above was done with malice or with reckless indifference to the federally protected rights of James Kypreos.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination based on age or sex and any other employment practice which discriminates on the basis of sex (male) or age against individuals 40 years of age and older.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for males and for persons ages 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole James Kypreos, by providing appropriate back wages 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 frontpay.
D. Grant a judgment requiring Defendant Employer to pay liquidated damages in a sum equal to back wages to James Kypreos, whose wages are being unlawfully withheld as a result of the acts complained of above.
E. Order Defendant Employer to make whole James Kypreos, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, in amounts to be determined at trial.
F. Order Defendant Employer to make whole James Kypreos by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, in amounts to be determined at trial.
G. Order Defendant Employer to pay James Kypreos punitive damages for its

malicious and reckless conduct described in paragraph 8 above, in amounts to be determined at

trial.

Ho

Grant such further relief as the Court deems necessary and proper in the public

interest.

I. 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,

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W.

W~D.C. 20507//

~M I~-~’~~IL [~~’ °E~S~~~~_ 4 9 Supervisory Trial Attorney
NANCY DEAN EDMONDS Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY 5

COMMISSION Indianapolis District Office 101 W. Ohio St., Suite 1900 Indianapolis, IN 46204-4203 Phone: (317) 226-7229 Fax: (317) 226-5571 E-mail: Nancy.Edmonds@eeoc.gov

 </s> case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. FLYING J INC,
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

2:04-CV-437-RL-APR

)

)

)

)

)

CONSENT DECREE

Civil Action No. 2:04-CV-437 was instituted by the Equal Employment Opportunity

Commission ("EEOC" or "Commission") under the authority granted to it under Section

706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-

5(f)(1), and Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29

U.S.C. §626(b) (the "ADEA"). The Commission's action was brought to correct alleged

unlawful employment practices on the basis of sex and age. The Commission's Complaint

alleged that Defendant, Flying J Inc ("Flying J"), terminated James Kypreos from his cashier

position because of his sex and his age (70). Flying J denies those allegations.

The Commission and Flying J hereby stipulate to the jurisdiction of the Court over the

parties and the subject matter of this action, that venue is proper, and that all administrative

prerequisites have been made.

The Commission and Flying J have advised this Court that they desire to resolve Civil

Action No. 2:04-CV-437 without the burden and expense of further litigation.

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case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 2 of 7
It is, therefore, the finding of this Court, based on the pleadings and the record as a whole that the applicable requirements of Title VII and the ADEA will be carried out by the implementation of this Decree, and this Decree resolves the issues raised by the Complaint of the Commission.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. The terms of this Decree are limited to the Flying J Lake Station, Indiana, facility. 2. Defendant acknowledges its legal obligations under Title VII and the ADEA not to discriminate against employees, or select them for reduction or termination, on the basis of sex or age (over 40), and to maintain a work environment for all employees that is free from unlawful discrimination. 3. Defendant acknowledges its legal obligations under Title VII and the ADEA not to discriminate or retaliate against any person because of opposition to any practice made unlawful by those statutes, or because of the filing of a charge, the giving of testimony, assistance, or participation in an investigation, proceeding or hearing under Title VII or the ADEA. 4. Defendant agrees to post the Notice of Non-Discrimination Policy, attached as Appendix A to this Decree, in a conspicuous place on the premises of its Lake Station, Indiana, facility. Said notice shall remain posted for one (1) year. 5. Defendant agrees to pay James Kypreos, or his heirs and assigns in the event of his death, the total sum of Fifty Thousand, Two Hundred Fifty Dollars ($50,250.00), in the following manner: (a) a check payable to the order of James Kypreos in the sum of Twenty-Five Thousand Dollars ($25,000.00), less applicable federal, state, and local withholding taxes, in full settlement of James Kypreos's claims of back pay and front pay damages, lost wages, and any
2

case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 3 of 7
other employment-related benefits (Defendant shall not deduct from this amount the employer's share of any costs, taxes or social security required by law to be paid by the Defendant); (b) a check payable to the order of James Kypreos in the sum of Twenty-Five Thousand Dollars ($25,000.00), in full settlement for any and all other damages, including compensatory, punitive, and liquidated damages (Defendant will make no federal, state or local withholding tax deductions from this amount, James Kypreos having agreed to be responsible for the payment of any taxes that might be due thereon); and (c) a check payable to the order of James Kypreos in the sum of Two Hundred Fifty Dollars ($250.00) as reimbursement for, and in full settlement of, any legal fees (Defendant will make no federal, state or local withholding tax deductions from this amount, James Kypreos having agreed to be responsible for the payment of any taxes that might be due thereon). Upon entry of this Decree, the EEOC will forward a release (Appendix B) to Mr. Kypreos for his execution. The EEOC will notify counsel for Flying J when it has received the release executed by Mr. Kypreos and will transmit by facsimile, a copy thereof. Defendant agrees to issue the above referenced checks to James Kypreos by certified mail, within fifteen (15) days after such notification, addressed as follows: Mr. James Kypreos, 3332 East Bend Drive, Apt. 202, Portage, IN 46368-5044. Defendant shall mail copies of the checks and proof of delivery (i.e., a copy of the signed certified mail receipt) to the Commission within fifteen (15) days of mailing said checks. Upon receipt of proof of delivery, the EEOC shall forward the original release to counsel for Flying J.
6. Defendant acknowledges that it has a non-discriminatory policy in its employees' manual, and that it will enforce that policy to assure that employees and applicants for employment are provided with equal opportunities regardless of age (over 40), sex, race, national origin, religion or disability.
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case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 4 of 7
7. Within one hundred twenty (120) days of the date of entry of this Decree, Defendant agrees that it shall devote a portion of its regularly-scheduled BSOP meeting to a training seminar for all Lake Station facility employees, including all managers and supervisors, regarding its non-discriminatory policy.
8. Defendant agrees to submit a report to the EEOC detailing its compliance with this Decree within ninety (90) days of the date of this Decree. Defendant will certify to the EEOC Regional Attorney regarding the date, time and place that the foregoing training seminar was held, along with a listing of all attendees. The report shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.
9. The Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the EEOC may inspect the premises, interview employees, examine and copy documents.
10. In the event that the EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, the EEOC will give notice in writing by certified mail, to Kelly Lowrey, Esq., Flying J Inc, 1104 Country Hills Drive, Ogden, UT 84403, specifically identifying the alleged violation to Defendant. The Defendant will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before Plaintiff exercises any remedy provided by law.
11. The term ofthis Decree shall be for one (1) year following the date of the entry of this Decree.
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case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 5 of 7
12. The Commission and Defendant will bear their own costs and attorney fees.
'/J1 ~t1 cJ I", ;;;oot!Jf
Date Copies to: Nancy Dean Edmonds Equal Employment Opportunity Commission 101 E. Ohio Street, Suite 1900 Indianapolis, IN 46204 James M.L. Ferber Margaret C. Bettendorf Littler Mendelson, P.C. 21 E. State Street, Suite 1600 Columbus, Ohio 43215
Firmwide:80812S40.1 048854.1002 2117106
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case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 6 of 7
APPENDIX A
u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
101 West Ohio Street Suite 1900
Indianapolis, IN 46204-4203 PH: (317) 226-7212
TDD: (317) 226-5162 FAX: (317) 226-7953
EMPLOYEE NOTICE NOTICE TO ALL EMPLOYEES
FLYINGJ INC 1. This Notice is posted pursuant to an agreement between Flying J Inc, and the United
States Equal Employment Opportunity Commission, resolving a lawsuit. 2. Federal law requires that there be no discrimination against any employee because of the
employee's race, color, religion, sex, national origin, age (over 40) or disability. 3. The Civil Rights Act of 1964 ("Title VII") and the Age Discrimination in Employment
Action ("ADEA") prohibit employers from discriminating against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission. 4. Flying J Inc, supports and complies with such Federal law in all respects and will not discriminate against employees or applicants for employment nor will it take any actions against employees because they have exercised their Title VII or ADEA rights. 5. An employee may contact the U.S. Equal Employment Opportunity Commission at the address listed above for the purpose of filing a charge of employment discrimination. THIS IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE This notice must remain posted for one (1) year from the date of posting and may not be altered, defaced or covered by any other material.
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case 2:04-cv-00437-RL-APR document 34 filed 03/16/2006 page 7 of 7

APPENDIXB

RELEASE

In consideration of the payment to me by Flying J Inc ("Flying J") of Fifty Thousand

Two Hundred Fifty Dollars ($50,250.00), and in consideration of the Consent Decree agreed to

by the Equal Employment Opportunity Commission and Flying J in Civil Action 2:04-CV-437RL-APR, entered by the Court on the ___ day of _ _ _ _ _ _ _ _:, 2006, of which

this Release is a part, I, James Kypreos, hereby fully and forever release and discharge Flying J,

its successors and assigns, including its present and former directors, officers, employees and

agents, from any claim or obligation based on alleged discrimination in violation of Title VII or

the ADEA, which was or could have been raised in Civil Action 2:04-CV-437-RL-APR.

I have read this Release and I execute it voluntarily, without coercion or threat of reprisal.

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

day

of _ _ _ _ _ _ _, 2006.

County of

)

) SS

State of

)

JAMES KYPREOS

Subscribed and sworn to before me this _ _ day of _ _ _ _ _ _ _"2006.

Notary Public My Commission Expires: _ _ _ _ _ _ _ _ _ _ __ County and State of Residence:,_ _ _ _ _ _ _ _ _ __

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CASREF, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond)
CIVIL DOCKET FOR CASE #: 2:04-cv-00437-RL-APR

Equal Employment Opportunity Commission v. Flying J Inc Assigned to: Judge Rudy Lozano Referred to: Magistrate Judge Andrew P Rodovich Cause: 29:621 Job Discrimination (Age)

Date Filed: 10/20/2004 Date Terminated: 03/16/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Mediator John R Van Winkle

represented by John R Van Winkle VanWinkle Dispute Resolution 111 Monument Circle Suite 402 Indianapolis, IN 46204-5170 317-231-6320 PRO SE

Plaintiff
Equal Employment Opportunity Commission

represented by Laurie A Young Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7947 Fax: 317-226-7203 Email: legal.station@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle F Eisele Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Dean Edmonds Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203

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V. Defendant Flying J Inc

317-226-7229 Fax: 317-226-5571 Email: Nancy.Edmonds@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James M L Ferber PHV Littler Mendelson PC - Col/OH 21 E State Street Suite 1600 Columbus, OH 43215 614-463-4210 Fax: 614-221-3301 Email: jferber@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret C Bettendorf PHV Littler Mendelson PC - Col/OH 21 E State Street Suite 1600 Columbus, OH 43215 614-463-4201 Fax: 614-221-3301 Email: mbettendorf@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/20/2004
10/20/2004 10/20/2004 10/20/2004 10/21/2004 11/05/2004

#

Docket Text

1 COMPLAINT with Jury Demand against Flying J Inc , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(plm, ) (Entered: 10/21/2004)
2 NOTICE of Appearance by Michelle F Eisele on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)
3 NOTICE of Appearance by Laurie A Young on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)
4 NOTICE of Appearance by Nancy Dean Edmonds on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)
5 Summons Issued as to Flying J Inc. (plm, ) (Entered: 10/21/2004)
6 AFFIDAVIT of Service for Summons; return receipt, filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 11/05/2004)

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11/09/2004 11/09/2004 11/09/2004 11/16/2004 11/18/2004 12/07/2004 12/22/2004 01/28/2005
01/31/2005 06/17/2005 06/17/2005 06/21/2005

ORDER approving application for admission to practice pro hac vice for James M.L. Ferber. (Fee paid) Signed by Judge Andrew P Rodovich on 11/9/04. (plm, ) (Entered: 11/10/2004)
ORDER approving application for admission to practice pro hac vice for Attorney Margaret C. Bettendorf. (Fee paid) Signed by Judge Andrew P Rodovich on 11/9/04. (plm, ) (Entered: 11/10/2004)
7 AGREED NOTICE to extend time to file answer (plm, ) (Entered: 11/10/2004)
8 NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 1/28/2005 11:30 AM in Hammond before Magistrate Judge Andrew P Rodovich. (kjp, ) (Entered: 11/18/2004)
9 MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (kjp, ) (Entered: 11/18/2004)
10 ANSWER to 1 Complaint by Flying J Inc.(Ferber PHV, James) (Entered: 12/07/2004)
11 REPORT of Rule 26(f) Planning Meeting. (Edmonds, Nancy) (Entered: 12/22/2004)
12 Minute Entry for proceedings held before Judge Andrew P Rodovich : RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/28/2005. Plf rep by Nancy Edmonds via telephone. Dft rep by James Ferber and Margaret Bettendorf in person. Any amendments to the pleadings to be filed by 3/18/2005. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/15/2005. Defendant expert witness disclosures and reports to be delivered to the plainitff by 8/15/2005. Fact discovery deadline is 7/29/05. Discovery deadline is 9/15/2005. Dispositive and Daubert motions to be filed by 10/14/2005. Response to be filed by 11/14/2005. Reply to be filed by 11/30/2005. Plaintiff portions of the pretrial order shall be served upon defendant by 2/15/2006. Defendant shall prepare and file the pretrial order by 3/15/2006. Jury Trial (1st setting) for 3 days set for 4/10/2006 08:30 AM in Hammond before Judge Rudy Lozano. Final Pretrial Conference set for 3/31/2006 09:00 AM in Hammond before Judge Rudy Lozano. (plm, ) (Entered: 01/28/2005)
13 ORDER CONTROLLING TRIAL. Signed by Judge Andrew P Rodovich on 1/31/05. (plm, ) (Entered: 01/31/2005)
14 Joint MOTION for Extension of Time to Complete Discovery (Fact) by Plaintiff Equal Employment Opportunity Commission, Defendant Flying J Inc. (Ferber PHV, James) (Entered: 06/17/2005)
15 NOTICE OF ENDORSEMENT of 14 Joint MOTION for Extension of Time to Complete Discovery (Fact) by Equal Employment Opportunity Commission (Edmonds, Nancy) Additional attachment(s) added on 6/21/2005 (smp, ). (Entered: 06/17/2005)
16 ORDER granting 14 Motion for Extension of Time to Complete Discovery. Discovery deadline is reset to 9/15/2005. Signed by Judge Andrew P Rodovich on 6/21/05. (jld) (Entered: 06/21/2005)

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08/16/2005 08/16/2005 08/19/2005 08/22/2005 08/25/2005 09/16/2005
09/26/2005 10/14/2005
10/14/2005

17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan by Plaintiff Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 08/16/2005)
18 MEMORANDUM in Support of 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 08/16/2005)
19 RESPONSE to Motion re 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan and Request for Scheduling Conference to Reset Dates filed by Flying J Inc. (Ferber PHV, James) (Entered: 08/19/2005)
20 NOTICE OF TELEPHONIC STATUS on 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan: Telephonic Status set for 9/16/2005 11:30 AM in Hammond before Magistrate Judge Andrew P Rodovich. (Court to initiate the conference call.) (plm, ) (Entered: 08/22/2005)
21 REPLY to Response to Motion re 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 08/25/2005)
22 Minute Entry for proceedings held before Judge Andrew P Rodovich : TELEPHONIC STATUS CONFERENCE held on 9/16/2005. Plf rep by Nancy Edmonds. Dft rep by James Ferber. Plf's MOTION 17 for Extension of Time to Complete Expert Discovery, Alter Expert Report Dates and Modify Current Case Management Plan is GRANTED. The following deadlines are set: Defendant expert witness disclosures and reports to be delivered to the plainitff by 11/15/2006. Discovery deadline is 12/30/2006. Dispositive motions to be filed by 1/31/2006. Response to be filed by 3/10/2006. Reply to be filed by 3/31/2006. Plaintiff portions of the pretrial order shall be served upon defendant by 7/14/2006. Defendant shall prepare and file the pretrial order by 8/15/2006. Jury Trial (2nd setting) 3-4 days set for 9/11/2006 08:30 AM in Hammond before Judge Rudy Lozano. Final Pretrial Conference set for 9/1/2006 09:30 AM in Hammond before Judge Rudy Lozano. (plm, ) (Entered: 09/19/2005)
23 TRIAL MANAGEMENT ORDER: Signed by Judge Andrew P Rodovich on 9/26/05. (Revised 2/15/05)(plm, ) (Entered: 09/26/2005)
24 MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court for Failure to Appear for Deposition by Defendant Flying J Inc. (Attachments: # 1 Exhibit A - Plaintiff's Initial Disclosures# 2 Exhibit B - Supplemental Answers to Interrogatories# 3 Exhibit C - Letter to Marcus Nobles# 4 Exhibit D Letter to Shalanda Cheairs# 5 Exhibit E Affidavit of James Ferber# 6 Exhibit F - Court Reporter's Certificate Regarding Nobles# 7 Exhibit G - Court Reporter's Certificate Regarding Cheairs)(Ferber PHV, James) (Entered: 10/14/2005)
25 MEMORANDUM in Support of 24 MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court

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11/14/2005
12/21/2005
01/03/2006 01/24/2006 01/30/2006 02/24/2006 03/01/2006 03/14/2006 03/16/2006 03/16/2006 03/16/2006 03/17/2006

for Failure to Appear for Deposition filed by Flying J Inc. (Ferber PHV, James) (Entered: 10/14/2005)
26 ORDER Setting Hearing on Motion 24 MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court for Failure to Appear for Deposition: Motion Hearing set for 12/21/2005 9:30 AM CST in Hammond before Magistrate Judge Andrew P Rodovich.. Signed by Judge Andrew P Rodovich on 11/14/05. (kds) (Entered: 11/14/2005)
27 SHOW CAUSE HEARING held on 12/21/2005 before Judge Andrew P Rodovich. Plaintiff appeared by attorney Michelle Eisele. Defendant appeared by attorney James Ferber. Shalanda Cheairs appears. Dft requests that a deposition of Shalanda Cheairs proceed today. Plf requests a continuance. Denied. Dft requests that Marcus Nobles be excluded from testifying at trial because he fails to appear. Ct orders bench warrant be issued for Marcus Nobles for failure to appear. The deposition of Shalanda Cheairs will proceed on this date at 10:30 AM. (Digitally Recorded.) (plm, ) (Entered: 12/29/2005)
28 BENCH WARRANT issued as to Marcus Nobles (plm, ) (Entered: 01/03/2006)
29 Joint MOTION for Extension of Time to File Dispositive and Daubert Motions by Equal Employment Opportunity Commission, Flying J Inc. (Ferber PHV, James) (Entered: 01/24/2006)
30 ORDER granting 29 Motion for Extension of Time to File. Dispositive and daubert motions deadline extended from 1/31/06 to 2/28/2006. Signed by Judge Andrew P Rodovich on 1/30/06. (kds) (Entered: 01/31/2006)
31 Joint MOTION for Extension of Time to File Dispositive and Daubert Motions by Equal Employment Opportunity Commission, Flying J Inc. (Ferber PHV, James) (Entered: 02/24/2006)
32 ORDER granting 31 Motion for Extension of Time to File. Dispositive motions deadline extended to 3/31/2006. Signed by Judge Andrew P Rodovich on 3/1/06. (kds) (Entered: 03/02/2006)
33 Joint MOTION for Settlement Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Edmonds, Nancy) (Entered: 03/14/2006)
34 AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 33 Joint MOTION for Settlement Entry of Consent Decree Modified Consent Decree. (Edmonds, Nancy) (Entered: 03/16/2006)
35 ORDER granting 33 Joint Motion for Entry of Consent Decree. Signed by Judge Rudy Lozano on 3/16/06. (efc, ) (Entered: 03/21/2006)
37 CONSENT DECREE. Signed by Judge Rudy Lozano on 3/16/06. (efc, ) (Entered: 03/28/2006)
36 ORDER recalling [28] Bench Warrant Issued as to Marcus Nobles. Signed by Judge Andrew P Rodovich on 3/17/06. (efc, ) (Entered: 03/21/2006)

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[CONTENT] The Indianapolis District Office | EEOC | the U.S. District Court | the Northern District | Indiana | Flying J. Inc. ||| October 2004 | Title VII of the Civil Rights Act | 1964 | the Age Discrimination ||| Defendant ||| March 2006 ||| one year | Defendant | Defendant | 50,250 | 25,000 | 25,000 | 250 |||  ||| 2006 | 2007 |||  [SUMMARY] The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Indiana, against Flying J. Inc.  The complaint, filed in October 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act.  Specifically, the complaint alleged that the Defendant discharged the charging party because of his sex (male) and his age (70).  

In March 2006, the parties entered a consent decree. The decree, valid for one year, prohibited Defendant from discriminating and retaliating in violation of federal anti-discrimination laws and required Defendant to pay the charging party a total of $50,250 ($25,000 in back and front pay, $25,000 in compensatory, punitive and liquidated damages and $250 in legal fees).  Defendant was also required to post a notice of non-discrimination at its facility, maintain an anti-discrimination policy and provide anti-discrimination training to its employees. 

The decree was entered in 2006 and scheduled to last until 2007. No further docket entries exist, so the case is closed.
