IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BROOKLEY FURNITURE COMPANY and )

HOWARD MILLER CLOCK COMPANY, an )

integrated enterprise

)

)

Defendant.

)

)

CIVIL ACTION NO. 1:04-cv-00623-B
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 Jane Doe1 who was adversely affected by such practices. As alleged with greater particularity in paragraph 12 through 25 below, Jane Doe was sexually harassed by the General Manager of Brookley Furniture Company. As a result of the sexual harassment Jane Doe became so ill that she is unable to continue working.
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

1Because of the nature of the conduct described in this complaint, the EEOC has elected to utilize a pseudonym rather than the name of the Charging Party so as to protect her privacy.

(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5 (f) (1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Alabama, Southern 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, Brookley Furniture Company, a Michigan corporation, has continuously been doing business in the State of Alabama and the City of Mobile and has continuously had at least 15 employees. At all relevant times, Defendant Brookley Furniture, a Michigan corporation, and Defendant Howard Miller Clock Company, a Michigan corporation, (Employers) have been an integrated enterprise. 5. At all relevant times, Defendant Employers have continuously been employers 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 11. More than thirty days prior to the institution of this lawsuit, Jane Doe filed a charge with the Commission alleging violations of Title VII by Brookley Furniture. All conditions precedent to the institution of this lawsuit have been fulfilled.
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12. Since at least November 2002, Defendant Employers have engaged in unlawful employment practices at their Mobile, Alabama facility, in violation of §§ 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and 3(a). These practices include subjecting Jane Doe to a sexually hostile environment and to sexual harassment which resulted in a tangible employment action.
13. The Defendants, through the conduct of Dale Hiser, General Manager of Defendant’s Mobile, Alabama, facility, subjected Jane doe to a sexually Hostile environment. Mr. Hiser’s actions included, but were not limited to, regularly making sexually offensive remarks to Jane Doe, touching her in offensive and unwelcome ways, asking her to have sex with him, asking her to meet him away from the plant and forcing her perform oral sex on him.
14. Jane Doe repeatedly reported Dale Hiser’s conduct to her immediate supervisor, James Doyle Johnson, pursuant to Defendant Employers’ sexual harassment policy, which instructs employees who believe that they have been harassed to report their concerns to their immediate supervisor or to Human Resources.
15. Despite her objections, the offensive conduct continued and escalated after she complained about it to her supervisor.
16. Defendants failed to exercise reasonable care to prevent and correct promptly the sexually harassing behavior of Dale Hiser.
17. Generally, when Jane Doe objected to Dale Hiser’s requests for sex, He would threaten her with termination.
18. As the harassment continued, Jane Doe became more worried and nervous. She had difficulty eating and sleeping, lost weight, and could not concentrate on her job.
3

19. In February 2003, Jane Doe went to the plant office to obtain paperwork related to an on-the-job injury. The only other person in the office at that time was Dale Hiser.
20. Hiser told Jane Doe words to the effect that he would provide her with the paperwork she sought and instructed her to come into his personal office.
21. Hiser followed Jane Doe into his office, closed the door, went to the other side of his desk, ordered Jane Doe to come around to the side of the desk where he was located and, when she indicated that she did not wish to do so, threatened to fire her if she did not comply with his demands.
22. Fearing for her job, Jane Doe acceded to his demands. Dale Hiser ordered her to come to his side of the desk.
23. Dale Hiser then physically restrained Jane Doe and forced her to perform oral sex on him.
24. After forcing Jane Doe to perform this sex act, Dale Hiser told her she had a lot to lose if anyone found out what he had done.
25. Thereafter, Dale Hiser continued to make sexually offensive remarks to Jane Doe and demanded that she meet him away from the office. He also told her that she would have to see him again and reminded her that he did not have to have a reason to fire her.
26. The working conditions became so intolerable for Jane Doe that any reasonable person in Jane Doe’s position would have felt compelled to resign.
27. On March 12, 2003, Jane Doe, after concluding that she had no choice but to resign her position, notified Defendants of her decision and again notified defendants,
4

this time through their Human Resources Director, that Dale Hiser had been sexually harassing her.
28. Jane Doe made a good faith effort to continue to work at the Defendant Employers’ Mobile facility. However, on March 18, 2003, she concluded that she could no longer go to the workplace.
29. As a result of having to work under these conditions, Jane Doe suffered severe emotional and psychological injuries, requiring the treatment of a psychiatrist.
30. On March 19, 2003, Defendant Employers placed Jane Doe on a leave of absence while it investigated her complaints.
31. On March 20, 2003, Defendant Employers terminated Dale Hiser. 32. Defendant employers subsequently placed Jane Doe on short term disability. Because of her psychological state, Jane Doe was not and is not currently able to return to work. Her psychiatrist does not believe that Jane Doe will be able to work for the forseeable future. 33. Jane Doe’s short term disability benefits ceased on September 19, 2003, and Defendant employers then terminated Jane Doe. 34. Jane Doe suffered tangible job detriment because of Dale Hiser’s harassment. 35. The effect of the practices complained of in paragraphs 12 through 34 above has been to deprive Jane Doe of equal employment opportunities and otherwise adversely affect her status as employee, because of her sex. 36. The unlawful employment practices complained of in paragraphs 12 through35 above were intentional.
5

37. The unlawful employment practices complained of in paragraphs 12 through 35 above were done with malice or with reckless indifference to the federally protected rights of Jane Doe.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendant Employers to make whole Jane Doe by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay. D. Order Defendant Employers to make whole Jane Doe, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 12 through 31 above, including, but not limited to, medical expenses, in amounts to be determined at trial. E. Order Defendant Employers to make whole Jane Doe by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices
6

complained of in paragraphs 12 through 31 above, including emotional pain, suffering, loss of enjoyment of life, depression and humiliation, in amounts to be determined at trial.
F. Order Defendant Employers to pay Jane Doe punitive damages for their malicious and reckless conduct described in paragraphs 12 through 31 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
K. 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, Northwest Washington, D.C. 20507
s/ Charles E.Guerrier CHARLES E. GUERRIER Ohio Bar # 0023546 Regional Attorney
7

s/ Prisca M. DeLeonardo PRISCA M. DELEONARDO AL Bar # ASB - 6535 - D67P Supervisory Trial Attorney s/ Pamela K. Agee PAMELA K. AGEE AL Bar # ASB-1713A52P Senior Trial Attorney for the Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place 1130 22nd Street, South Birmingham, AL 35205 Telephone: (205)212-2050 Fax Number(205) 212-2041 pamela.agee@eeoc.gov
8

 </s> THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BROOKLEY FURNITURE COMPANY, and HOWARD MILLER CLOCK COMPANY,
Defendants.

) ) ) ) ) ) CIVIL ACTION NO. 1:04-CV-00623-B ) ) ) ) )

_____________________________________________________________________

JANE DOE,

)

)

)

Intervenor-Plaintiff,

)

)

vs.

)

)

BROOKLEY FURNITURE COMPANY, and )

HOWARD MILLER CLOCK COMPANY,

)

)

Intervenor-Defendants.

)

FIRST AMENDED COMPLAINT IN INTERVENTION 1. This action arises under the Civil Rights Act of 1964, as amended, and under the laws of the State of Alabama. This court has jurisdiction over this action pursuant to Title 28 U.S.C. §§1331 and 1343. The court has supplemental jurisdiction over IntervenorPlaintiff's state law claims pursuant to 28 U.S.C. §1367. 2. Intervenor-Plaintiff is a citizen of the State of Alabama. 3. Defendant Brookley Furniture Company is a Michigan corporation which

operates a furniture factory in Mobile County, Alabama (hereafter referred to as “the Mobile Facility”).
4. Defendant Howard Miller Clock Company is a Michigan corporation. 5. At all times relevant to the complaint, Defendant Brookley Furniture Company and Defendant Howard Miller Clock Company (hereafter referred to as “Defendant Employers”) have conducted an integrated enterprise, to wit, the Mobile Facility. 6. At all times relevant to the complaint, Defendant Employers employed fifteen or more persons and were engaged in an industry affecting interstate commerce. 7. At all times relevant to the complaint, Intervenor-Plaintiff was employed by the Defendant Employers in the Mobile Facility. 8. At all times relevant to the complaint, Dale Hiser (“Hiser”) was employed by Defendant Employers as the General Manager of the Mobile Facility. 9. At all times relevant to the complaint, Donna Cumbest was employed by the Defendant Employers as the Manager of Human Resources at the Mobile Facility. 10. At all times relevant to the complaint, James Doyle Johnson, Tony Smith and Glen Wilson were employed by Defendant Employers as supervisory employees in the Mobile Facility. 11. Several months after the start of Intervenor-Plaintiff’s employment in the Mobile Facility, General Manager Hiser began making personal remarks to her. Hiser asked Intervenor-Plaintiff whether it was true that her husband was being laid off from his job due to the Kerr-McGee plant closing. General Manager Hiser told Intervenor-Plaintiff that she looked nice and smelled good. Shortly afterwards, General Manager Hiser told Intervenor-Plaintiff “I can eat more pussy than Glen and buy you more stuff.” Intervenor-
2

Plaintiff told Hiser he should not say things like that and that she was not interested in anything like that.
12. Intervenor-Plaintiff told her supervisor James Doyle Johnson what General Manager Hiser had said to her. Johnson suggested that Intervenor-Plaintiff report the matter to Defendant Employers’ Human Resources Department. Intervenor-Plaintiff told Supervisor Johnson that she was scared to tell Human Resources because she believed she would be fired if she reported General Manager Hiser’s conduct. Supervisor Johnson did not contradict Intervenor-Plaintiff, or reassure her that she would not be fired for reporting sexual harassment.
13. Despite Intervenor-Plaintiff’s asking him to stop, General Manager Hiser continued to make personal, sexual and vulgar remarks to Intervenor-Plaintiff, including repeating often “I want to eat your pussy.”
14. When General Manager Hiser made sexual remarks to Intervenor-Plaintiff, he put his hands on her body.
15. Each time General Manager Dale Hiser made sexual remarks to IntervenorPlaintiff, Intervenor-Plaintiff told him to stop, that she was not interested, that she was a married woman. Intervenor-Plaintiff repeatedly told Dale Hiser that she would not consent to his sexual demands, but, each time, Hiser replied that she did not have a choice. Dale Hiser told Intervenor-Plaintiff that he would fire her if she did not consent to his sexual demands. General Manager Dale Hiser told Intervenor-Plaintiff that he did not need a reason to fire her, that he could fire her at any time.
16. Intervenor-Plaintiff reported Hiser’s conduct to Supervisor Johnson each time it occurred.
3

17. General Manager Hiser visited Intervenor-Plaintiff’s work area frequently. On each visit, Hiser made comments to Intervenor-Plaintiff about wanting to have sexual relations with her. Most often, Dale Hiser told Intervenor-Plaintiff that he wanted to “eat her pussy” or have her “sit on his face” or “sit her pussy on his face.”
18. As a result of General Manager Hiser’s conduct, Intervenor-Plaintiff became worried, scared and nervous, unable to eat or sleep.
19. On February 14, 2003, General Manager Hiser forced Intervenor-Plaintiff to have sexual relations with him.
20. The next week, General Manager Hiser threatened Intervenor-Plaintiff not to tell anyone what he had done. Hiser continued to make sexual remarks and demands for sex to Intervenor-Plaintiff. He continued to touch Intervenor-Plaintiff.
21. Intervenor-Plaintiff reported Hiser’s conduct to Defendant Employers’ Human Resources Manager Donna Cumbest on or around Wednesday, March 12, 2003.
22. Thereafter, Intervenor-Plaintiff took an extended leave of absence from work and sought psychiatric care. Intervenor-Plaintiff has been diagnosed with post traumatic stress syndrome. Her treating psychiatrist anticipates that she will not be able to work for the foreseeable future.
23. In January and February, 2003, Brookley Furniture maintained a written sexual harassment policy which directed employees to report sexual harassment to their supervisors.
24. In January and February, 2003, James Doyle Johnson was a person authorized to receive complaints under Brookley Furniture’s sexual harassment policy.
25. Intervenor-Plaintiff reported violations of Brookley Furniture’s sexual 4

harassment policy by Hiser to supervisor Johnson more than once. 26. Intervenor-Plaintiff’s reports to Supervisor Johnson occurred prior to February
14, 2003. 27. Despite Intervenor-Plaintiff’s reports to Supervisor Johnson, Defendant
Employers failed to take action to stop Hiser’s conduct. 28. General Manager Hiser continued to make sexual comments to Intervenor-
Plaintiff and continued to touch Intervenor-Plaintiff after Intervenor-Plaintiff reported his conduct to Supervisor Johnson.
29. Brookley disciplined Supervisor James Doyle Johnson for not reporting Dale Hiser’s conduct towards Intervenor-Plaintiff.
30. Brookley Furniture disciplined supervisors Glen Wilson and Tony Smith for not reporting conduct by Dale Hiser towards Intervenor-Plaintiff or other female employees which violated Brookley Furniture’s sexual harassment policy.
31. Human Resources Manager Donna Cumbest had actual knowledge, prior to receiving Intervenor-Plaintiff’s complaint, that General Manager Hiser violated Defendants’ sexual harassment policy by viewing pornographic materials on his computer at work.
32. On or around August 7, 2003, Intervenor-Plaintiff filed a charge of discrimination with the United States Equal Employment Opportunity Commission ("the Commission") which is attached hereto as Exhibit A.
33. On or around January 27, 2004, following an investigation into the merits of Intervenor-Plaintiff's case, the Commission issued a Letter of Determination, a copy of which is attached hereto as Exhibit B. The Commission found cause to believe that discrimination had occurred. Subsequent attempts at conciliation were unsuccessful.
5

34. On or around September 28, 2004, the Commission filed this suit, seeking relief for Intervenor-Plaintiff and other employees.
35. On or around September 28, 2004, Defendants terminated Intervenor-Plaintiff from her employment at Brookley Furniture.
First Claim For Relief 42 U.S.C. §2000e5 Sexual Harassment
36. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein.
37. Defendant Employers created or condoned a sexually discriminatory "hostile" or "abusive" work environment for Intervenor-Plaintiff, and in so doing discriminated against Intervenor-Plaintiff with respect to her compensation, terms, conditions or privileges of employment because of her sex.
38. Defendants threatened affected tangible aspects of the terms, conditions or privileges of her employment unless she acquiesced in the harassment.
39. As a result of Defendants’ intentional and unlawful conduct, IntervenorPlaintiff suffered and continues to suffer emotional pain, inconvenience, mental anguish, loss of enjoyment of life, loss of income and loss of employment benefits.
40. Defendants acted with malice or with reckless indifference to IntervenorPlaintiff's federally protected rights.
WHEREFORE, Intervenor-Plaintiff demands the removal of all unfavorable material related to this matter from Intervenor-Plaintiff's personnel files, back pay, interest, front pay, compensatory and punitive damages, costs and attorneys' fees.
6

Second Claim For Relief 42 U.S.C. §2000e5
Wrongful Termination 41. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein. 42. Defendants terminated Intervenor-Plaintiff’s employment in September 2003 when she was medically unable to work because of the sexual harassment she had experienced. 43. As a result of Defendants’ intentional and unlawful conduct, IntervenorPlaintiff suffered and continues to suffer emotional pain, inconvenience, mental anguish, loss of enjoyment of life, loss of income and loss of employment benefits. 44. Defendants acted with malice or with reckless indifference to IntervenorPlaintiff's federally protected rights. WHEREFORE, Intervenor-Plaintiff demands the removal of all unfavorable material related to this matter from Intervenor-Plaintiff's personnel files, back pay, interest, front pay, compensatory and punitive damages, costs and attorneys' fees.
Third Claim For Relief 42 U.S.C. §2000e5
Constructive Discharge 45. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein. 46. Intervenor -Plaintiff left her employment at Brookley Furniture because her working conditions were so intolerable that any reasonable person in her position would leave work to escape the harassment. 47. As a result of Defendants’ intentional and unlawful conduct, Intervenor-
7

Plaintiff suffered and continues to suffer emotional pain, inconvenience, mental anguish, loss of enjoyment of life, loss of income and loss of employment benefits.
48. Defendants acted with malice or with reckless indifference to IntervenorPlaintiff's federally protected rights.
WHEREFORE, Intervenor-Plaintiff demands the removal of all unfavorable material related to this matter from Intervenor-Plaintiff's personnel files, back pay, interest, front pay, compensatory and punitive damages, costs and attorneys' fees.
Fourth Claim For Relief Assault and Battery
49. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein.
50. General Manager Hiser committed several assaults and batteries on Intervenor-Plaintiff by touching Intervenor-Plaintiff's person in a rude, offensive, lewd, and abusive manner. Said assaults and batteries were accompanied by circumstances of illmotive and aggravation.
51. As a proximate result of said assaults and batteries, Intervenor-Plaintiff suffered and continues to suffer physical, mental and emotional pain and distress.
52. Defendant Employers are responsible for General Manager Hiser’s conduct. WHEREFORE, Intervenor-Plaintiff demands compensatory and punitive damages in excess of the jurisdictional amount and the costs of this action from defendants.
Fifth Claim For Relief Invasion Of Privacy 53. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein.
8

54. During Intervenor-Plaintiff's employment, General Manager Hiser intentionally intruded upon Intervenor-Plaintiff's physical solitude and seclusion.
55. As a proximate result of Hiser's conduct, Intervenor-Plaintiff suffered and continues to suffer physical and mental pain and distress.
56. Defendant Employers are responsible for General Manager Hiser's conduct. WHEREFORE, Intervenor-Plaintiff demands compensatory and punitive damages in excess of the jurisdictional amount and the costs of this action from defendants.
Sixth Claim For Relief Intentional Infliction of Emotional Distress 57. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein. 58. During Intervenor-Plaintiff's employment, General Manager Hiser made unwelcome sexual advances to the Intervenor-Plaintiff. Hiser threatened Plaintiff that she had no choice but to have sex with him or she would be fired. 59. Intervenor-Plaintiff rebuffed all such advances, but Hiser's conduct continued. 60. Intervenor-Plaintiff reported General Manager Hiser’s conduct to Defendant Employers according to Defendant Employers’ written policy for reporting sexual harassment. 61. Defendant Employers had actual knowledge that General Manager Hiser had engaged in, or was engaging in, similar conduct towards other employees. 62. Despite Plaintiff’s reports, and despite having actual knowledge that General Manager Hiser had violated its sexual harassment policy, Defendant Employers took no action to stop Hiser from committing future violations.
9

63. Even after Intervenor-Plaintiff’s complaint to management, General Manager Hiser continued to make unwelcome sexual advances to Intervenor-Plaintiff and ultimately forced Intervenor-Plaintiff to engage in sexual relations with him.
64. As a proximate result of General Manager Hiser’s intentional conduct, Intervenor-Plaintiff suffered and continues to suffer physical, mental and emotional pain and distress.
65. Defendant Employers ratified General Manager Hiser's conduct. WHEREFORE, Intervenor-Plaintiff demands compensatory and punitive damages in excess of the jurisdictional amount and the costs of this action from defendants.
Seventh Claim For Relief Negligence Or Wantonness In Hiring Or Training Or Supervising Management
Employees Or Responding To Notice of Their Unfitness
66. Intervenor-Plaintiff incorporates by reference each of the foregoing allegations of fact as though fully set forth herein.
67. Defendant Employers owed a duty to their employees to exercise reasonable care to provide a safe working environment, including one free from sexual harassment, assault and battery, invasion of privacy and intentional infliction of emotional distress.
68. Defendant Employers knew, or in the exercise of reasonable care should have known, that General Manager Dale Hiser engaged in sexual harassment, assault and battery, invasion of privacy and intentional infliction of emotional distress towards female employees, including Intervenor-Plaintiff.
69. Supervisor James Doyle Johnson had actual knowledge that General Manager Dale Hiser violated Brookley Furniture’s sexual harassment policy by his
10

comments and conduct towards Intervenor-Plaintiff. 70. Supervisor Glen Wilson had actual knowledge that General Manager Hiser
violated Brookley Furniture’s sexual harassment policy by his comments and conduct towards Intervenor-Plaintiff or towards female employees of Brookley Furniture other than Intervenor-Plaintiff.
71. Supervisor Tony Smith had actual knowledge that General Manager Hiser violated Brookley Furniture’s sexual harassment policy by, inter alia, his comments and conduct towards female employees of Brookley Furniture.
72. Human Resources Manager Donna Cumbest had actual knowledge, prior to receiving Intervenor-Plaintiff’s complaint, that General Manager Hiser violated Defendants’ sexual harassment policy by viewing pornographic materials on his computer at work.
73. Human Resources Manager Donna Cumbest had actual knowledge, prior to receiving Intervenor-Plaintiff’s complaint, that General Manager Hiser violated Defendants’ sexual harassment policy by his comments or conduct to female employees.
74. Defendant breached its duty of care by negligently, recklessly or wantonly hiring or failing to train or supervise its supervisors and management employees so as to prevent the harm that occurred in this case, or by negligently, recklessly or wantonly responding, or failing to respond, to notice of improper conduct by its supervisors and management employees.
75. As a proximate result of Defendants’ negligence, recklessness and/or wantonness, Intervenor-Plaintiff suffered and continues to suffer emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, loss of income and loss
11

of benefits. WHEREFORE, Intervenor-Plaintiff demands compensatory and punitive damages
in excess of the jurisdictional amount and the costs of this action from defendants.

Jackson Myrick, LLP P. O. Box 1287 Mobile, AL 36602 Telephone: 251/432-1811 Facsimile: 251/433-1230

/s/ Cecily L. Kaffer CECILY L. KAFFER (KAFFC5953) ELIZABETH D. REHM (REHME4348) Attorneys for Intervenor-Plaintiff

INTERVENOR-PLAINTIFF DEMANDS TRIAL BY JURY

/s/ Cecily L. Kaffer CECILY L. KAFFER

CERTIFICATE OF SERVICE
I hereby certify that on March 2, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:
S. Charles Guerrier charles.guerrier@eeoc.gov
Pamela K. Agee pamela.agee@eeoc.gov
Prisca M. Deleonardo prisca.deleonardo@eeoc.gov
Sandy G. Robinson sgr@cabanissmobile.com
/s/ Cecily L. Kaffer CECILY L. KAFFER

12

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BROOKLEY FURNITURE COMPANY and )

HOWARD MILLER CLOCK COMPANY, an )

integrated enterprise

)

)

Defendant.

)

CIVIL ACTION NO. 1:04-cv-00623-B

)

JANE DOE

)

)

Intervenor -Plaintiff

)

)

v.

)

)

BROOKLEY FURNITURE COMPANY and )

HOWARD MILLER CLOCK COMPANY, an )

integrated enterprise

)

)

Intervenor-Defendant. )

SETTLEMENT AGREEMENT I. INTRODUCTION
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., guarantees workers that they will be free from employment discrimination on the basis of sex, race and retaliation.
This action was instituted by the U.S. Equal Employment Opportunity Commission (“the EEOC” or “the Commission”) on September 28, 2004, against Brookley Furniture
1

(Brookley) and Howard Miller Clock Company (Howard Miller), as an integrated company, to enforce provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq.,(“Title VII”). The EEOC filed this lawsuit on behalf of Jane Doe, alleging that Jane Doe was sexually harassed by the General Manager of Brookley Furniture Company.
On November 30, 2004 Brookley and Howard Miller filed an answer in which they denied these allegations and raised various affirmative defenses. On December 1, 2004, Jane Doe filed a Complaint in Intervention asserting the same violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq.,(“Title VII”) as had the EEOC in its Complaint, and other claims.
II. GENERAL PROVISIONS The Plaintiff EEOC and the Defendants, being desirous of settling this action do hereby enter into this Settlement Agreement. The claims of the intervenor-plaintiff have also been resolved. This Agreement, being entered into with the consent of the EEOC, Howard Miller and Brookley, shall not constitute an adjudication or finding on the merits of the case, and shall in no manner be construed as an admission by Howard Miller or Brookley of any violation of the Title VII of the Civil Rights Act of 1964, as amended, or other applicable federal or state law. This Agreement is binding upon the EEOC and Defendants Howard Miller and Brookley as to the issues resolved herein. The claims resolved by this Agreement are those which were alleged in Charge of Discrimination numbered 130-2003-0349 and all claims asserted in the EEOC’s Complaint in the above styled lawsuit. The EEOC and Defendants Howard Miller and Brookley agree that this Agreement does not resolve any
2

charges which may be pending with the EEOC, or which may be filed in the future with the EEOC, other than those charges specifically stated in this Agreement.
II. SPECIFIC PROVISIONS A. This Agreement constitutes a complete resolution of all claims of sexual
harassment under Title VII which were alleged in the Complaint in this action or in charge number 130-2003-0349. This Agreement does not resolve any Charges which may be pending with the EEOC or which may be filed in the future with the EEOC other than those specifically identified in this Agreement. B. Within 10 business days after the entry of this Agreement, the defendants Brookley and Howard Miller and/or Brookley agree to pay monetary relief to Jane Doe in the amount of $225,000.00, less applicable withholdings as required by law. The Defendants shall not deduct its share of Social Security and Medicare contributions from the payment to Jane Doe. The check(s) will be hand-delivered to Jane Doe’s attorney. On the same date Defendants shall send a copy of the check(s) delivered to Jane Doe to the EEOC, c/o Pamela K. Agee, Senior Trial Attorney, EEOC, Ridge Park Place, Suite 2000, 1130 22nd Street, South, Birmingham, AL 35205, as proof of payment. Upon the Defendants’ receipt of proof of delivery, the Defendants shall send a copy of the return receipt to the EEOC, c/o Pamela K. Agee, Senior Trial Attorney, EEOC, Ridge Park Place, Suite 2000, 1130 22nd Street, South, Birmingham, AL 35205. No later than ten days after receipt of the copy of the check to Jane Doe the EEOC will provide the Defendants with the
3

original executed Release, in the form of Exhibit 1. C. The Defendant agree not to retaliate in any manner against Jane Doe or any
person who participated in this lawsuit or in the investigation of EEOC Charge of Discrimination number 130-2003-0345. This provision does not resolve any charges which may be pending with the EEOC or which may be filed in the future with the EEOC other than those specifically stated in this Agreement. D. Howard Miller and Brookley agree not to discriminate against employees on the basis of sex by subjecting them to sexual harassment in violation of the title VII of the Civil Rights Act of 1964, as amended. E. Howard Miller and Brookley agree not to engage in any employment practices which retaliate in any manner against any person, including but not limited to Jane Doe, because of that person's opposition to any practice made an unlawful employment practice under Title VII or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII. F. Howard Miller and Brookley agree not to divulge, directly or indirectly, to any identifiable employer or potential employer of Jan Doe any of the facts or circumstances related to the claims of discrimination against the Howard Miller and Brookley in this case or any of the events relating to their participation in the litigation of this action. G. Nothing in this Agreement, either by inclusion or exclusion, shall be construed to limit the obligations of the Howard Miller and Brookley under
4

Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Howard Miller or Brookley. H. Each party shall be responsible for its own attorney’s fees and costs. I. The attorneys listed below have given their permission for their electronic signatures to be affixed to this document for filing with the court. Date: December 30, 2005
5

FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, D.C. 20507 s/_____________________________________ JACQUELINE MCNAIR Regional Attorney (Acting) s/_____________________________________ PAMELA K. AGEE AL Bar # ASB-1713-A52P Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place Suite 2000, 1130 22nd Street, South Birmingham, AL 35205 Telephone: (205) 731-1299
6

FOR HOWARD MILLER CLOCK COMPANY AND BROOKLEY FURNITURE: s/_____________________________________ SANDY G. ROBINSON CABANISS, JOHNSTON, GARDNER, DUMAS & O’NEAL, LLP Post Office Box 2906 Mobile, AL 36652
7

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BROOKLEY FURNITURE COMPANY and )

HOWARD MILLER CLOCK COMPANY, an )

integrated enterprise

)

)

Defendant.

)

CIVIL ACTION NO. 1:04-cv-00623-B

)

JANE DOE

)

)

Intervenor -Plaintiff

)

)

v.

)

)

BROOKLEY FURNITURE COMPANY and )

HOWARD MILLER CLOCK COMPANY, an )

integrated enterprise

)

)

Intervenor-Defendant. )

RELEASE In consideration for $225,000.00, paid to me by Howard Miller Clock Company and Brookley Furniture, in connection with the resolution of EEOC v. Howard Miller Clock Company and Brookley Furniture, Civil Action No. 1:04-cv-00623-CG-B, I waive my right to recover for any claims of sexual harassment and discrimination arising under the Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq.,(“Title VII”) that I had against Howard Miller Clock Company and/or Brookley Furniture prior to the date of

this release and that were included in the claims alleged in EEOC’s complaint in EEOC v. Howard Miller Clock Company and Brookley Furniture, as captioned above.

DATE:

Sworn to and Subscribed

Before me this day

of

, 2005

SIGNATURE: Sabrina Jordan

NOTARY PUBLIC My Commission Expires:

2

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BROOKLEY FURNITURE CO., et al.,
Defendants.

: : : : : : CIVIL ACTION 04-00623-CG-B : : : : :

ORDER

This action is before the Court on Defendants’ Motion to

Compel (Doc. 97). In their motion, Defendants seek an order

compelling Plaintiff-Intervenor to produce her complete Social

Security Disability file, or in the alternative, to require

Plaintiff-Intervenor to execute a release which will enable

Defendants to retrieve the file directly from the Social

Security Administration. According to Defendants, while

Plaintiff-Intervenor has produced the Social Security

documents within her possession, it appears that additional

records, such as the reports of non-examining State Agency

“physicians and/or psychologists” were generated, but have not

been produced. Plaintiff-Intervenor argues that she has fully

responded to Defendants’ discovery requests, which sought 1.)

“a copy of the application for Social Security benefits,

together with any supporting documentation, and copies of all

correspondence or notices received from the Social Security Administration” and 2.) information relating to any Social Security Disability benefits that Plaintiff-Intervenor was awarded, including the amount of the monthly benefits, and “documentation relating to the same”. Plaintiff-Intervenor argues that all responsive documents have been produced; thus, Defendants’ motion should be denied as moot.
Based upon a review of the above-referenced discovery requests propounded by Defendants, and PlaintiffIntervenor’s response, the undersigned finds that PlaintiffIntervenor has fully responded to the subject discovery requests. It is undisputed that Plaintiff-Intervenor has produced her application for social security disability benefits, along with the documentation that she submitted in support of her application. Moreover, it appears that Plaintiff has provided the documentation that details the monthly disability benefits that she is to receive. While Defendants apparently contend that they are entitled to the complete disability file maintained by the Social Security Administration, this is not what they requested in discovery. Simply put, Defendants’ discovery requests did not seek the disability file maintained by the Social Security Administration nor a release executed by Plaintiff-Intervenor. Because the undersigned is unwilling to compel Plaintiff-

Intervenor to produce that which was not requested, Defendants’ Motion to Compel is DENIED.
DONE this 18th day of May, 2005.
s/Sonja F. Bivins UNITED STATES MAGISTRATE JUDGE

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BROOKLEY FURNITURE COMPANY, et al
Defendants.

* * * * * * CIVIL ACTION NO. 04-00623-CG-B
* * * * *

ORDER

This matter is before the Court on Defendants’ Motion to

Shorten Time to Respond to Defendants’ Second Request for

Production (Doc. 107), Defendants’ Motion for a Protective Order

(Doc. 108), Defendants’ Second Motion to Compel Plaintiff-

Intervenor to Submit to an Independent Medical Examination (Doc.

117), and Plaintiff-Intervenor’s Motion for a Protective Order

(Doc. 119). The undersigned conducted a discovery conference,

via telephone, on June 3, 2005 to afford counsel for the parties

an opportunity to present their respective positions regarding

the referenced motions. Based upon a careful review of the

motions, and any opposition thereto, and for the reasons set

forth at the discovery conference, the Court rules as follows:

1.

Defendants’ Motion to Shorten Time to Respond to

Defendants’ Second Request for Production (Doc. 107)is DENIED as

MOOT; however, Plaintiff-Intervenor is DIRECTED to execute a medical release authorizing Dr. David Formwalt and Gulf Oaks Hospital to release to Defendants’ counsel any and all records of their treatment and/or evaluation of Plaintiff-Intervenor. The releases are to be provided to Defendants’ counsel by June 7, 2005. 2. Defendants’ Motion for a Protective Order (Doc. 108) is DENIED. 3. Defendants’ Second Motion to Compel Plaintiff-Intervenor to Submit to an Independent Medical Examination (Doc. 117), and Plaintiff-Intervenor’s Motion for a Protective Order (Doc. 119) are GRANTED in part, and DENIED in part, as follows: PlaintiffIntervenor is DIRECTED to submit to an independent psychological examination conducted by Dr. Robert T.M. Phillips, a licensed psychiatrist, on June 6, 2005 (no more than eight (8) hours, including appropriate breaks) and June 7, 2005 (no more than four (4) hours, including appropriate breaks).1 The abovereferenced examination is to be videotaped by a female videographer.
DONE this 3rd day of June, 2005.
1 To the extent Defendants request further testing, they should submit documentation evidencing such need.

s/SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BROOKLEY FURNITURE COMPANY, et al
Defendants.

* * * * * * CIVIL ACTION NO. 04-00623-CG-B *
* * * *

ORDER

This case is before the Court on several pending discovery

motions. The undersigned conducted a discovery conference on

July 15, 2005 to afford counsel for the parties an opportunity

to present their respective positions regarding the motions.

Based upon a careful review of the motions, and any opposition

thereto, and the information presented during the discovery

conference, the Court rules as follows:

1. Plaintiff-Intervenor’s Motion To Compel (Doc. 127),

which seeks an order compelling Defendants to produce the

videotapes of Dr. Robert T.M. Phillips’ incomplete psychological

examination of Jane Doe is DENIED for the reasons expressed by

the undersigned during the July 15th hearing. However, pursuant

to the parties’ agreement, counsel for Defendants are to

refrain from viewing the videotapes until after the examination

is completed. 2. Defendants’ Motion to Extend Time for their
supplemental expert disclosure(Doc. 147) is GRANTED in part. The undersigned will issue a revised deadline for the supplemental and rebuttal expert reports following the completion of Jane Doe’s psychological evaluation.
3. Defendants’ Motion to Stay Action and Extend Deadline for Completion of IME (Doc. 140)is held in abeyance. Counsel for Plaintiff-Intervenor Jane Doe is DIRECTED to submit to the Court, no later than August 5, 2005, a signed statement from Dr. Kathryn Ney, Jane Doe’s treating physician, that contains her opinion as to whether Jane Doe is capable, in her current medical condition, of undergoing the remainder of the psychological evaluation to be conducted by Dr. Robert Phillips. To the extent that Jane Doe is capable of proceeding with the evaluation, the statement should detail any safeguards that should be implemented for the safety of Jane Doe. To the extent that Jane Doe is not capable of proceeding with the evaluation, the statement should detail the information relied upon to reach such conclusion, and provide a reasonable estimate of when the evaluation could likely be resumed.
DONE this 15th day of July, 2005. /s/SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE

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U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:04-cv-00623-CG-B

CLOSED2006

U.S. Equal Employment Opportunity Commission v. Brookley Furniture Company et al Assigned to: Chief Judge Callie V. S. Granade Referred to: Magistrate Judge Sonja F. Bivins Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2004 Date Terminated: 01/03/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela K. Agee Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2050 Email: pamela.agee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Prisca M. Deleonardo 1130 22nd Street South Birmingham, AL 35205 205-212-2048 Email: prisca.deleonardo@eeoc.gov TERMINATED: 11/28/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Jane Doe

represented by Elizabeth D. Rehm Jackson, Myrick LLP Post Office Box 1287 Mobile, AL 36633 (251) 432-1811

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V. Defendant Brookley Furniture Company
Defendant
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Fax: 2514331230 Email: erehm@jacksonmyrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Max Cassady, Jr. Cassady & Cassady 14 South Section Street Fairhope, AL 36532 251-578-5252 Fax: 251-578-5002 Email: maxcassady@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cecily L. Kaffer Jackson, Myrick LLP Post Office Box 1287 Mobile, AL 36633 (251) 432-1811 Fax: 251-433-1230 Email: ckaffer@jacksonmyrick.com ATTORNEY TO BE NOTICED
represented by Sandy G. Robinson Cabaniss, Johnston, Gardner, Dumas & O'Neal P. O. Box 2906 Mobile, AL 36652 (251) 415-7308 Fax: 251415-7350 Email: sgr@cabaniss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph D. Stutz Cabaniss, Johnston, Gardner, Dumas & O'Neal P.O. Box 2906 Mobile, AL 36652 251-415-7300 Email: jds@cabaniss.com ATTORNEY TO BE NOTICED
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Howard Miller Clock Co.

represented by Sandy G. Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph D. Stutz (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/28/2004 11/30/2004 11/30/2004 12/01/2004 12/03/2004 12/03/2004 12/08/2004 12/09/2004 12/09/2004 12/09/2004 12/10/2004

#

Docket Text

1 COMPLAINT against all defendants (Filing fee $ 150.), filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) Additional attachment(s) added on 9/29/2004 (mjn, ). (Entered: 09/28/2004)
2 ANSWER to Complaint by Brookley Furniture Company.(Robinson, Sandy) (Entered: 11/30/2004)
3 ANSWER to Complaint by Howard Miller Clock Co..(Robinson, Sandy) (Entered: 11/30/2004)
4 MOTION to Intervene by Jane Doe. (Attachments: # (1))(Kaffer, Cecily) Modified on 1/11/2005 (mab). (Entered: 12/01/2004)
5 Notice of Assignment to Magistrate Judge Sonja F. Bivins for trial. Consent Form due by 1/17/2005. (Attachments:, # 1 consent form)(mjn, ) Modified on 12/9/2004 (mjn, ). (Entered: 12/03/2004)
6 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 1/17/2005. Signed by Judge Sonja F. Bivins on 12/3/04. (mjn, ) (Entered: 12/03/2004)
7 (SEALED) MOTION to Quash by Alabama Psychiatric Services, P.C.. (Griffin, Stephen) Modified on 1/7/2005 (jlr, ). (Entered: 12/08/2004)
8 MOTION to Seal Intervenor-Plaintiff's original pleadings and other pleadings by Jane Doe. (Kaffer, Cecily) Modified on 1/11/2005 (mab). (Entered: 12/09/2004)
9 MOTION to Intervene Substitute Motion to Intervene by Jane Doe. (Kaffer, Cecily) Modified on 1/11/2005 (mab). (Entered: 12/09/2004)
10 Intervenor COMPLAINT Substitute Complaint in Intervention, filed by Jane Doe.(Kaffer, Cecily) Modified on 1/11/2005 (mab). Exhibits under seal. (Entered: 12/09/2004)
11 Order re: [7] MOTION to Quash filed by Alabama Psychiatric Services, P.C., [8] MOTION to Seal Intervenor-Plaintiff's original pleadings and other pleadings filed by Jane Doe, [9] MOTION to Intervene Substitute Motion to Intervene filed by Jane Doe, [4] MOTION to Intervene filed by Jane Doe, Responses due by 12/20/2004 for [8] and for [9] and for [4] and for [7], Responses due by 12/20/2004. If the court determines oral argument is necessary, the parties shall

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01/11/2005 01/31/2005 02/02/2005 02/02/2005 02/03/2005 02/09/2005 02/10/2005

be advised; Signed by Judge Sonja F. Bivins on 12/9/04. (mjn, ) Modified on 1/11/2005 (mab). (Entered: 12/13/2004)
12 REPORT of Rule 26(f) Planning Meeting. (Robinson, Sandy) (Entered: 12/20/2004)
14 AMENDED Notice of Assignment to Magistrate Judge Sonja F. Bivins for trial. Consent Form due by 1/7/2005. (mjn, ) Additional attachment(s) added on 12/29/2004 (mjn, ). (Entered: 12/29/2004)
15 Sealed Order re: [7] MOTION to Quash filed by Alabama Psychiatric Services, P.C., as further set out; Signed by Judge Sonja F. Bivins on 1/7/05. (mjn, ) (Entered: 01/07/2005)
16 ORDER REASSIGNING CASE. Case reassigned to Judge Callie V. S. Granade and Sonja F. Bivins for all further proceedings. Signed by Judge Sonja F. Bivins on 1/10/05. (mjn, ) (Entered: 01/10/2005)
18 RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 11/14/2005 at 11:00 AM in Chambers before Chief Judge Callie V. S. Granade. Amended Pleadings due by 4/15/2005. Discovery cutoff 6/10/2005. Dispositive Motions due by 6/30/2005. Jury Selection set for 12/6/2005 at 8:45 AM. Jury Trial set December 2005 in Courtroom 2B before Chief Judge Callie V. S. Granade; ETT 5 days. Position Regarding Settlement due by 6/10/2005. Signed by Judge Sonja F. Bivins on 01/10/2005. (Attachments: #(1) Judge Granade's Standing Pretrial Order)(mab) (Entered: 01/11/2005)
17 ENDORSED ORDER granting [4] Motion to Intervene, granting [8] MOTION to Seal Intervenor-Plaintiff's original pleadings and other pleadings; and granting [9] Substitute Motion to Intervene. Signed by Judge Callie V. S. Granade on 01/11/2005. (mab) (Entered: 01/11/2005)
19 Order, Dfts are ORDERED to file their individual disclosure statements by 2/15/2005 or SHOW CAUSE why they have not complied w/Local Rule 3.4. Signed by Judge Callie V. S. Granade on 1/31/05. (copies to parties on 1/31/05) (tot,) (Entered: 01/31/2005)
20 Disclosure Statement filed by Defendants Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 02/02/2005)
21 Document endorsed NOTED by Judge Sonja F. Bivins : Corporate Disclosure Statement20 filed by Brookley Furniture Company,, Howard Miller Clock Co., (ebf, ) (Entered: 02/02/2005)
22 Document endorsed NOTED by Judge Callie V. S. Granade : Corporate Disclosure Statement20 filed by Brookley Furniture Company,, Howard Miller Clock Co., (jts, ) (Entered: 02/03/2005)
23 Notice of Filing Initial Disclosures filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 02/09/2005)
24 Notice of Filing Initial Disclosures filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 02/10/2005)

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02/10/2005 02/11/2005 02/14/2005 02/14/2005 02/14/2005 02/15/2005
02/15/2005 02/17/2005 02/17/2005 02/17/2005 02/17/2005 02/17/2005 02/17/2005 02/21/2005
02/22/2005

25 Notice of Filing Notice of Service of Initial Disclosures filed by Jane Doe.(Kaffer, Cecily) (Entered: 02/10/2005)
26 Notice of Filing Notice of Service of Interrogatories, Requests for Production of Documents and Requests for Admission to Defendant Brookley Furniture filed by Jane Doe.(Kaffer, Cecily) (Entered: 02/11/2005)
27 Unopposed MOTION for Extension of Time for designation of damages expert by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 02/14/2005)
REFERRAL OF 27 Unopposed MOTION for Extension of Time for designation of damages expert to Judge Bivins. NOTE: There is no image for this entry. (tot,) (Entered: 02/14/2005)
28 Notice of Filing Notice of Service of Intervenor's Plaintiff's Amended First Interrogatories to Defendant Brookley Furniture filed by Jane Doe.(Kaffer, Cecily) (Entered: 02/14/2005)
29 ORDER GRANTING 27 Motion for Extension of Deadline for Designationof Front Pay Damages Experts. Plaintiffs' Front Pay Damages Expert disclosures are due on 4/1/05, Defendants' Front Pay Damages Expert disclosures are due on 5/2/05. Rebuttal evidence shall be disclosed on or before 5/27/05. Signed by Judge Sonja F. Bivins on 2/15/05. (tgw) (Entered: 02/15/2005)
30 NOTICE of Endorsement by Jane Doe re: 27 Unopposed Motion for Extension of Time for Designation of Damages Expert (Kaffer, Cecily) Modified on 2/16/2005 (tot,). (Entered: 02/15/2005)
31 AMENDED ANSWER to Complaint by Brookley Furniture Company. (Robinson, Sandy) (Entered: 02/17/2005)
32 AMENDED ANSWER to Complaint by Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 02/17/2005)
33 ANSWER to Intervenor Complaint by Brookley Furniture Company.(Robinson, Sandy) (Entered: 02/17/2005)
34 ANSWER to Intervenor Complaint by Howard Miller Clock Co..(Robinson, Sandy) (Entered: 02/17/2005)
MOTION to Amend 2 Answer to Complaint filed by Brookley Furniture Company (see document 31; Referred to Judge Granade(mab) (Entered: 02/25/2005)
MOTION to Amend 3 Answer to Complaint by Howard Miller Clock Co. (See document 32); Referred to Judge Granade(mab) (Entered: 02/25/2005)
35 Notice of Filing Defendants' First Interrogatories and Requests for Production to Plaintiff and Defendants' First Interrogatories and Requests for Production to Intervenor-Plaintiff filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 02/21/2005)
36 MOTION for Leave to File Amended Complaint in Intervention by Jane Doe. (Attachments: # 1)(Kaffer, Cecily) (Entered: 02/22/2005)

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02/22/2005
02/25/2005
03/01/2005 03/02/2005 03/07/2005 03/07/2005 03/07/2005 03/07/2005 03/08/2005 03/08/2005 03/09/2005 03/11/2005

37 Order, Any opposition to the 36 MOTION for Leave to File Amended Complaint in Intervention filed by Jane Doe shall be filed no later than 3/1/2005. If no opposition is received, the plaintiff's motion is granted without further action of the court, and the intervenor-plaintiff shall electronically file an amended complaint on or before March 2, 2005. Answers shall be filed within ten (10) days of receipt of the amended complaint in intervention. Signed by Judge Callie V. S. Granade on 02/22/2005. (mab) (Entered: 02/22/2005)
38 Order, the court construes the defendants' amended answers (Docs. 31 & 32) to be motions to amend answers (Docs. 2 & 3). Any opposition to said motions shall be filed no later than March 7, 2005. If no opposition is received, the defendants' motions are deemed granted without further action from the court, and the defendants are by March 8, 2005 to electronically file amended answers that include all defenses to each claim without attempting to incorporate any of their previous answer by reference. Signed by Judge Callie V. S. Granade on 02/25/2005. (mab) (Entered: 02/25/2005)
39 NOTICE by Jane Doe of Service of Disclosure of Expert Testimony (Kaffer, Cecily) (Entered: 03/01/2005)
40 AMENDED COMPLAINT First Amended Complaint in Intervention against all defendants, filed by Jane Doe.(Kaffer, Cecily) (Entered: 03/02/2005)
41 Objection to Defendant Howard Miller's Amended Answer filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 03/07/2005)
42 Brief in Opposition to Defendant Howard Miller's Amended Answer filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 03/07/2005)
43 Objection to Defendant Brookley Furniture's Amended Answer filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 03/07/2005)
44 Brief in Support of EEOC's Objection to Defendant Brookley Furniture's Amended Answer filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 03/07/2005)
45 Response to Plaintiff's 41 & 43 Objections Motion to Amended Answers filed by Brookley Furniture Company, Howard Miller Clock Co. (Robinson, Sandy) Modified on 9/19/2005 (mab). (Entered: 03/08/2005)
46 Notice of Filing Response to EEOC's First Set of Interrogatories and Response to EEOC's First Request for Production of Documents filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/08/2005)
47 NOTICE of Appearance by Joseph D. Stutz on behalf of Brookley Furniture Company, Howard Miller Clock Co. (Stutz, Joseph) (Entered: 03/09/2005)
48 MOTION to Compel Non-Parties Thomas Bennett and Mobile Psychological Services to Comply with Subpoena by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit Exhibits A-C to Motion to Compel# 2 Text of Proposed Order Motion to Compel Order)(Stutz, Joseph) (Entered: 03/11/2005)

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03/11/2005
03/11/2005 03/11/2005
03/14/2005
03/15/2005 03/16/2005 03/18/2005 03/18/2005 03/22/2005 03/23/2005 03/24/2005

49 MOTION to Compel Non-Parties M. Cay Welsh and Clinical Psychologicy Services to Comply with Subpoena by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit Exhibits A-C to Motion to Compel Non-Parties M. Cay Welsh and Clinical Psychology Services to Comply with Subpoena# 2 Text of Proposed Order Proposed Order on Motion to Compel Non-Parties M. Cay Welsh and Clinical Psychology Services to Comply with Subpoena)(Stutz, Joseph) (Entered: 03/11/2005)
REFERRAL OF 48 MOTION to Compel Non-Parties Thomas Bennett and Mobile Psychological Services to Comply with Subpoena, and 49 MOTION to Compel Non-Parties M. Cay Welsh and Clinical Psychologicy Services to Comply with Subpoena to Judge 03/11/2005. (mab) (Entered: 03/11/2005)
50 Order, directing parties and non-parties to file a response to Defendants' 48 MOTION to Compel Non-Parties Thomas Bennett and Mobile Psychological Services to Comply with Subpoena and 49 MOTION to Compel Non-Parties M. Cay Welsh and Clinical Psychological Services to Comply with Subpoena on or before MARCH 18, 2005. Replies due by MARCH 23, 2005. Signed by Judge Sonja F. Bivins on 03/11/2005. (Copies mailed to non-parties as directed.)(mab) (Entered: 03/11/2005)
51 Notice of Filing Response of Defendants to Intevenor-Plaintiff's First Requests for Production; Response of Defendant Brookley Furniture Company to Intervenor-Plaintiff's First Amended Interrogatories; Response of Defendants to EEOC's Second Request for Production of Documents; and Response of Defendant Brookley Furniture to First Request for Admission of Intervenor-Plaintiff filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/14/2005)
52 Notice of Filing Notice of Deposition Duces Tecum (Arata) filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/15/2005)
53 Notice of Filing Amended Response to Interrogatory Number Four of Intervenor-Plaintiff's First Amended Interrogatories filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/16/2005)
54 RESPONSE TO 50 Order of March 11, 2005, filed by Jane Doe. (Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 03/18/2005)
REFERRAL OF Jane Doe's 54 RESPONSE TO 50 ORDER re: 48 Motion to Compel to Judge Bivins. (mab) (Entered: 03/18/2005)
55 NOTICE by U.S. Equal Employment Opportunity Commission of Service of Response to Defendants' Interrogatories and Request for Production (Agee, Pamela) (Entered: 03/22/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Telephone Conference held on 3/23/2005. (Court Reporter n.) (ebf, ) (Entered: 03/23/2005)
56 ORDER granting defendants' 48 MOTION to Compel Non-Parties Thomas Bennett and Mobile Psychological Services to Comply with Subpoena, and granting 49 MOTION to Compel Non-Parties M. Cay Welsh and Clinical Psychologicy Services to Comply with Subpoena. Signed by Judge Sonja F.

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03/24/2005 03/30/2005 03/30/2005 03/30/2005 03/30/2005 03/31/2005
04/01/2005 04/01/2005 04/01/2005 04/01/2005 04/01/2005 04/01/2005 04/04/2005

Bivins on 03/24/2005. Copies of orders mailed to non-parties. (mab) (Entered: 03/24/2005)
57 Notice of Filing Intervenor-Plaintiff's Notice of Service of Responses to Defendants' Interrogatories and Requests for Production filed by Jane Doe.(Kaffer, Cecily) (Entered: 03/24/2005)
58 ANSWER to Amended Complaint Answer of Defendant Brookley Furniture Company to First Amended Complaint in Intervention by Brookley Furniture Company.(Robinson, Sandy) (Entered: 03/30/2005)
59 ANSWER to Amended Complaint Answer of Defendant Howard Miller Clock Company to First Amended Complaint in Intervention by Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/30/2005)
60 Notice of Filing Notice of Video Depostion of Dale Hiser filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 03/30/2005)
61 NOTICE by U.S. Equal Employment Opportunity Commission of serving expert disclosures (Agee, Pamela) (Entered: 03/30/2005)
62 ORDER re: Brookley Furniture Co's [] Motion to Amend Answer and Howard Miller Clock Co's [] Motion to Amend Answer. Defendants' motions to amend their answers are GRANTED. Defendants shall file their amended answer or, if they choose to file separately, amended answers, by not later than April 8, 2005. Signed by Judge Callie V. S. Granade on 03/31/2005. (mab) (Entered: 04/01/2005)
63 Notice of Filing NoticeofServingDepositionNotice filed by Jane Doe.(Kaffer, Cecily) (Entered: 04/01/2005)
64 AMENDED ANSWER to Complaint by Brookley Furniture Company.(Robinson, Sandy) (Entered: 04/01/2005)
65 AMENDED ANSWER to Complaint by Howard Miller Clock Co..(Robinson, Sandy) (Entered: 04/01/2005)
66 MOTION for Independent Medical Examination by Brookley Furniture Company, Howard Miller Clock Co. (Robinson, Sandy) Modified on 4/4/2005 (tot,). (Entered: 04/01/2005)
67 Notice of Filing Expert Disclosure Pursuant to Rule 26(a)(6) of the Federal Rules of Civil Procedure filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 04/01/2005)
MOTION for Independant Medical Examination by Brookley Furniture Company - See Image at Doc. 66. (Referred to Judge Bivins on 4/4/05)(tot,) (Entered: 04/04/2005)
68 Order, directing Plaintiff and Intervenor-Plaintiff to file any response in opposition to MOTION for Independant Medical Examination 66 filed by Brookley Furniture Company on or before APRIL 11, 2005. Signed by Judge Sonja F. Bivins on 04/04/2005. (mab) (Entered: 04/04/2005)

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04/11/2005 04/11/2005 04/11/2005 04/12/2005 04/12/2005 04/12/2005 04/12/2005 04/12/2005
04/12/2005 04/13/2005 04/13/2005
04/13/2005
04/13/2005 04/14/2005

69 MOTION for Extension of Time to File Response in Opposition to Defendant's Motion for Independant Medical Examination by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 04/11/2005)
REFERRAL OF 69 MOTION for Extension of Time to File Response in Opposition to Defendant's Motion for Independant Medical Examination to Judge Bivins. (mab ) (Entered: 04/11/2005)
70 ENDORSED ORDER granting 69 Motion for Extension of Time to File Document Responses due by 4/12/2005. Signed by Judge Sonja F. Bivins on 4/11/05. (ebf, ) (Entered: 04/11/2005)
71 MOTION to Strike Defendants' 67 Expert Witness Disclosure, filed by Jane Doe. (Kaffer, Cecily) Modified on 4/13/2005 (mab). (Entered: 04/12/2005)
72 RESPONSE TO 68 ORDER dated April 4, 2005, opposing defendants' 66 Motion for an Independant Medical Examination, filed by Jane Doe. (Kaffer, Cecily) Modified on 4/13/2005 (mab). (Entered: 04/12/2005)
73 RESPONSE in Opposition re MOTION for Independant Medical Examination re 66 Notice (Other) filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 04/12/2005)
74 NOTICE by U.S. Equal Employment Opportunity Commission re 73 Response in Opposition to Motion Filing of Exhibit (Agee, Pamela) (Entered: 04/12/2005)
REFERRAL OF 72 Intervenor's Response to Motion for Independent Medical Examination, 73 EEOC's Response in Opposition to Motion for Independent Medical Examination, and 74 EEOC's Notice of Failure to File Exhibit to Judge Bivins. (mab) (Entered: 04/12/2005)
REFERRAL OF 71 Intervenor Plaintiff's MOTION to Strike 67 Defendants' Expert Witness Disclosure to Judge Bivins (mab) (Entered: 04/12/2005)
75 Exhibit 1 to 73 Response in Opposition to 66 MOTION for Independant Medical Examination Opposition filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) Modified on 4/14/2005 (tot,). (Entered: 04/13/2005)
76 MOTION for Leave to File Reply to Motion to Strike and Opposition to Motion for Independent Medical Examination by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order)(Robinson, Sandy) (Entered: 04/13/2005)
REFERRAL OF 75 Exhibit L (attachment to 73 Response in Opposition) and 76 MOTION for Leave to File Reply to Motion to Strike and Opposition to Motion for Independent Medical Examination to Judge Bivins. (mab) (Entered: 04/13/2005)
77 ENDORSED ORDER granting 76 Motion for Leave to File . Signed by Judge Sonja F. Bivins on 4/13/05. (ebf, ) (Entered: 04/13/2005)
78 MOTION to Strike 67 Notice of Filing Strike Defendants Expert by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Agee, Pamela) Attachment replaced on 4/18/2005 (tot,). (Entered: 04/14/2005)

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04/14/2005
04/15/2005 04/15/2005 04/15/2005 04/15/2005
04/18/2005 04/18/2005 04/18/2005
04/20/2005 04/20/2005 04/20/2005 04/21/2005 04/21/2005 04/21/2005

79 Memorandum in Support re 78 MOTION to Strike 67 Notice of Filing Strike Defendants Expert Memorandum in Support of Motion to Strike Defendants' Expert filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1)(Agee, Pamela) (Entered: 04/14/2005)
80 Notice of Filing Deposition Notice filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 04/15/2005)
81 Final MOTION for Hearing re 66 Notice (Other) Request for Hearing by Jane Doe. (Kaffer, Cecily) (Entered: 04/15/2005)
REFERRAL OF 81 MOTION for Hearing re: 66 Motion for Independent Medical Examination to Judge Bivins. (tot,) (Entered: 04/15/2005)
82 RESPONSE to 71 MOTION to Strike Dfts' Expert Witness Disclosure, 78 MOTION to Strike Dfts' Expert & REPLY to 72, 73 Oppositions to 66 MOTION for Indpendent Medical Exam filed by Brookley Furniture Company, Howard Miller Clock Co. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Robinson, Sandy) Modified on 4/18/2005 (tot,). (Entered: 04/15/2005)
REFERRAL OF 78 MOTION to Strike Defendants' Expert to Judge Bivins. (tot,) (Entered: 04/18/2005)
REFERRAL OF 82 Response to Motions to Strike & Reply to Motion for Independent Medical Exam to Judge Bivins. (tot,) (Entered: 04/18/2005)
83 Order, setting hearing re: Defendant Brookley Furniture Company's 66 Motion for Independent Medical Examination and re: Intervenor-plaintiff's 71 Motion to Strike Defendants' Expert Witness Disclosure for APRIL 26, 2005 at 3:00 PM in Courtroom 2C before Magistrate Judge Sonja F. Bivins; and directing parties to contact the undersigned's chambers no later than April 25, 2005 to confirm the continued need for this hearing. Signed by Judge Sonja F. Bivins on 04/18/2005. (mab) (Entered: 04/19/2005)
84 Notice of Filing Notice of Depostion Duces Tecum filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 04/20/2005)
85 MOTION for Leave to File Response to Defendnats' Reply to Plaintiff's Motion to Strike Defendnants' Expert by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 04/20/2005)
86 REPLY to Response to Motion 85 to Plaintiff's Motion to Strike Defendants' Expert filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1)(Agee, Pamela) (Entered: 04/20/2005)
REFERRAL OF 85 MOTION for Leave to File Response to Defendants' Reply to Plaintiff's Motion to Strike Defendnants' Expert to Judge Bivins. (tot,) (Entered: 04/21/2005)
REFERRAL OF 86 Reply to Response to Motion to Judge Bivins. (tot,) (Entered: 04/21/2005)
87 ENDORSED ORDER granting 85 Motion for Leave to File . Signed by Judge Sonja F. Bivins on 4/21/05. (ebf, ) (Entered: 04/21/2005)

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04/25/2005 04/25/2005 04/26/2005 04/26/2005
04/27/2005
04/29/2005 05/02/2005 05/02/2005 05/03/2005
05/04/2005
05/05/2005

88 MOTION to Amend Scheduling Order 18 Scheduling Order,, as to Expert Discovery by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order)(Robinson, Sandy) (Entered: 04/25/2005)
REFERRAL OF 88 MOTION to Amend 18 Scheduling Order as to Expert Discovery to Judge Bivins. (mab) (Entered: 04/25/2005)
89 Notice of Filing Deposition Notice filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 04/26/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Motion Hearing held on 4/26/2005 re MOTION for Independant Medical Examination re 66 Notice (Other) filed by Brookley Furniture Company,, 71 MOTION to Strike 67 Notice of Filing filed by Jane Doe,. (Court Reporter FTR.) (mjn, ) (Entered: 04/27/2005)
90 ORDER granting Defendants' 66 Motion for Independent Medical Examination. Counsel for the parties are DIRECTED to confer and make the appropriate arrangements for Plaintiff to be examined by Dr. Robert T.M. Phillips, a licensed psychiatrist, no later than June 17, 2005; denying Intervenor's 71 Motion to Strike Defendants' Expert Witness Disclosure; denying Plaintiff's 78 Motion to Strike Defendants' Expert Witness Disclosure; and granting Defendants' 88 Motion to Amend Scheduling Order as set forth in the order.Signed by Judge Sonja F. Bivins on 04/27/2005. (mab) (Entered: 04/27/2005)
91 Notice of Filing Notice of Serving Notice of Depositions filed by Jane Doe.(Kaffer, Cecily) (Entered: 04/29/2005)
92 Notice of Filing Deposition Notice filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 05/02/2005)
93 Notice of Filing Deposition Notice filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 05/02/2005)
94 MOTION to Compel Production of Intevenor-Plaintiff's Social Security Disability File or, in the Alternative, to Compel Intervenor-Plaintiff to Execute a Release for said Records by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit 1-5 to Motion to Compel# 2 Appendix Proposed Social Security Records Release# 3 Text of Proposed Order)(Stutz, Joseph) (Entered: 05/03/2005)
95 Order re: 94 MOTION to Compel Production of Intevenor-Plaintiff's Social Security Disability File or, in the Alternative, to Compel Intervenor-Plaintiff to Execute a Release for said Records filed by Brookley Furniture Company, Howard Miller Clock Co. Responses by Plf & Intervenor are due by 5/11/2005. Motion to be taken under submission after 5/11/2005. Signed by Judge Sonja F. Bivins on 5/4/05. (copies to parties on 5/4/05)(tot,) (Entered: 05/04/2005)
96 RESPONSE to Motion re: 94 MOTION to Compel Production of Intevenor-Plaintiff's Social Security Disability File or, in the Alternative, to Compel Intervenor-Plaintiff to Execute a Release for said Records filed by Jane Doe. (Kaffer, Cecily) (Entered: 05/05/2005)

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05/05/2005
05/05/2005
05/06/2005 05/06/2005 05/06/2005
05/09/2005
05/09/2005 05/09/2005 05/16/2005 05/16/2005 05/16/2005 05/18/2005 05/19/2005

97 MOTION to Compel Intervenor-Plaintiff to Supplement her Responses to Defendants' First Interrogatories and Request for Production by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit 1-3 to Motion to Compel# 2 Text of Proposed Order)(Stutz, Joseph) (Entered: 05/05/2005)
98 REPLY to Response to Motion 94 to Compel Production of Intervenor-Plaintiff's Social Security Disability File or, in the Alternative, to Compel Intervenor-Plaintiff to Execute a Release for Said Records filed by Brookley Furniture Company, Howard Miller Clock Co.. (Stutz, Joseph) (Entered: 05/05/2005)
REFERRAL OF 96 Response to Motion, 98 Reply to Response to Motion to Judge Bivins. (tot,) (Entered: 05/06/2005)
REFERRAL OF 97 MOTION to Compel to Judge Bivins. (tot,) (Entered: 05/06/2005)
99 Order, directing Plaintiff and Intervenor to file any response to Defendants' 97 MOTION to Compel Intervenor-Plaintiff to Supplement her Responses to Defendants' First Interrogatories and Request for Production. Any reply by Defendants should be filed no later than 5/18/2005. Signed by Judge Sonja F. Bivins on 05/06/2005. (mab) (Entered: 05/06/2005)
100 MOTION to Withdraw 97 MOTION to Compel Intervenor-Plaintiff to Supplement her Responses to Defendants' First Interrogatories and Request for Production by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 05/09/2005)
101 Notice of Filing Notice of Service of Supplemenetal Interrogatories to Brookley Furniture and Interrogatories to Howard Miller filed by Jane Doe.(Kaffer, Cecily) (Entered: 05/09/2005)
102 ENDORSED ORDER granting 100 Motion to Withdraw Defendants' Motion to Compel 97 . Signed by Judge Sonja F. Bivins on 5/9/05. (ebf, ) (Entered: 05/09/2005)
103 Notice of Filing Deposition Notice filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 05/16/2005)
104 NOTICE of Appearance by Henry Max Cassady, Jr on behalf of Jane Doe (Cassady, Henry) Modified on 5/17/2005 (tot,). (Entered: 05/16/2005)
105 Notice of Filing Objections to 30(b)(6) Notice filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 05/16/2005)
106 ORDER denying Defendants' 94 Motion to Compel. Signed by Judge Sonja F. Bivins on 05/18/2005. (mab) (Entered: 05/18/2005)
107 MOTION to Shorten Time to Respond or, in the Alternative, to Extend the Deadline for Response and Notice of Serving by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit 1-6# 2 Text of Proposed Order)(Stutz, Joseph) (Entered: 05/19/2005)

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05/19/2005
05/31/2005 05/31/2005 05/31/2005 05/31/2005 05/31/2005 05/31/2005
06/01/2005
06/01/2005 06/01/2005 06/01/2005 06/01/2005 06/03/2005 06/03/2005

REFERRAL OF 107 MOTION for order directing Intervenor-Plaintiff to respond to Defendants' request for production served on 5/19/05 by 6/10/05, or, in the Alternative, to allow additional eight days for Intervenor-Plaintiff to respond to Judge Bivins. (mab) (Entered: 05/19/2005)
108 MOTION for Protective Order by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit 1-2# 2 Text of Proposed Order)(Stutz, Joseph) (Entered: 05/31/2005)
109 RESPONSE to 108 MOTION for Protective Order, filed by Jane Doe. (Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 05/31/2005)
110 Notice of Filing Notice of Serving Deposition Notice of Denny Palacek, Mike Wallace & Bob Weaver filed by Jane Doe.(Kaffer, Cecily) (Entered: 05/31/2005)
REFERRAL OF 108 MOTION for Protective Order to Judge Bivins. (mab) (Entered: 05/31/2005)
REFERRAL OF 109 Jane Doe's Response to Defendants' 108 Motion for Protective Order to Judge Bivins. (mab) (Entered: 05/31/2005)
111 Order, directing plaintiff and intervenor to file any opposition to defendants' 107 MOTION to Shorten Time to Respond or, in the Alternative, to Extend the Deadline for Response and Notice of Serving and 108 MOTION for Protective Order ON OR BEFORE JUNE 2, 2005, and setting TELEPHONE CONFERENCE for JUNE 3, 2005 AT 2:00 P.M. before the undersigned. The undersigned's chambers will initiate the telephone conference. Signed by Judge Sonja F. Bivins on 05/31/2005. (mab) (Entered: 05/31/2005)
112 RESPONSE to 111 Order of May 31, 2005 Regarding Defendants' 107 Motion to Shorten Time to Respond, or, in the Alternative, to Extend the Deadline for Response filed by Jane Doe. (Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 06/01/2005)
113 RESPONSE to Motion re: 108 MOTION for Protective Order filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/01/2005)
114 Notice of Filing deposition filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 06/01/2005)
115 Notice of Filing deposition filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 06/01/2005)
116 Notice of Filing deposition filed by U.S. Equal Employment Opportunity Commission.(Agee, Pamela) (Entered: 06/01/2005)
117 Second MOTION to Compel to Submit to Independent Medical Examination by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit A through H)(Robinson, Sandy) (Entered: 06/03/2005)
118 MOTION to Compel Non-Party Gulf Oaks Hospital to Comply with Subpoena by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order Order)(Robinson, Sandy) (Entered: 06/03/2005)

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06/03/2005 06/03/2005 06/03/2005 06/03/2005 06/03/2005 06/03/2005
06/06/2005
06/06/2005 06/06/2005 06/06/2005 06/06/2005 06/06/2005 06/06/2005

REFERRAL OF 117 Second MOTION to Compel to Submit to Independent Medical Examination, & 118 MOTION to Compel Non-Party Gulf Oaks Hospital to Comply with Subpoena to Judge Bivins. (mab) (Entered: 06/03/2005)
119 RESPONSE 117 Second MOTION to Compel Medical Examination, and Jane Doe's Motion for Protective Order, filed by Jane Doe. (Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 06/03/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Motion Hearing held (telephone conference) on 6/3/2005 (Tape #FTR.) (mca, ) (Entered: 06/03/2005)
120 Notice of Filing Notice of Depositions filed by Jane Doe.(Kaffer, Cecily) (Entered: 06/03/2005)
121 Notice of Filing Notice of Depositions of Denny Palacek, Mike Wallace, Bob Weaver, Andy Bowen and Ron Bryant filed by Jane Doe.(Kaffer, Cecily) (Entered: 06/03/2005)
122 ORDER DENYING AS MOOT Defendant's 107 Motion to Shorten Time to Respond to Defendants' Second Request for Production; DIRECTING plaintiff-intervenor to execute a medical release as set out in order by 6/7/05; DENYING 108 Motion for Protective Order; and GRANTING IN PART and DENYING IN PART Defendant's 117 motion to compel Plaintiff-Intervenor to submit to an independent medical examination, and Plaintiff-Intervenor's 119 motion for protective order as set out in order. Signed by Judge Sonja F. Bivins on 06/03/2005. (mab) (Entered: 06/03/2005)
123 MOTION for Protective Order Barring Defense Expert Psychiatrist from Communicating with Defense Counsel During His Examination of the Plaintiff, filed by Jane Doe. (Cassady, Max) Modified on 9/29/2005 (mab). (Entered: 06/06/2005)
124 Supplemental MOTION for Protective Order by Jane Doe. (Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 06/06/2005)
REFERRAL OF 123 MOTION for Protective Order to Judge Bivins. (tot,) (Entered: 06/06/2005)
REFERRAL OF 124 MOTION for Protective Order to Judge Bivins. (tot,) (Entered: 06/06/2005)
125 MOTION for Order/Judgment that Videotape Procedure Depict the Dual Nature of Examination by Jane Doe. (Cassady, Max) (Entered: 06/06/2005)
126 MOTION for Protective Order by Jane Doe. (Cassady, Max) (Entered: 06/06/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Motion Hearing held on 6/6/2005 re 123 MOTION for Protective Order filed by Jane Doe, 124 MOTION for Protective Order filed by Jane Doe, 125 MOTION for Order/Judgment that Videotape Procedure Depict the Dual Nature of Examination filed by Jane Doe. (Court Reporter FTR recording.) (mjn, ) (Entered: 06/06/2005)

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06/07/2005 06/07/2005 06/07/2005 06/08/2005 06/09/2005
06/09/2005
06/10/2005 06/10/2005 06/10/2005 06/13/2005 06/14/2005 06/14/2005 06/14/2005 06/15/2005

127 MOTION to Compel by Jane Doe. (Kaffer, Cecily) (Entered: 06/07/2005)
128 MOTION to Take Deposition from Dr. Kathryn Ney After June 10, 2005 by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order)(Robinson, Sandy) (Entered: 06/07/2005)
REFERRAL OF 126 MOTION for Protective Order, 127 MOTION to Compel, and 128 MOTION to Take Deposition from Dr. Kathryn Ney After June 10, 2005 to Judge Bivins. (mab) (Entered: 06/07/2005)
129 Evidentiary Material Declaration of Kathryn A. Ney, M.D., Ph.D., with Exhibits filed by Jane Doe re: 127 MOTION to Compel. (Kaffer, Cecily) (Entered: 06/08/2005)
130 Notice of Filing Response of Howard Miller Clock Company to Intervenor-Plaintiff's Interrogatories and Answer of Brookley Furniture Company to Intervenor-Plaintiff's Supplemental Interrogatories filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 06/09/2005)
131 ORDER, Dfts' 128 Motion to Take Deposition of Dr. Kathryn Ney after June 10, 2005 is GRANTED as set out. Dfts are to file a response to Intervenor's 127 Motion to Compel on or before 6/17/05. Motion will be TUS after 6/17/05. Signed by Judge Sonja F. Bivins on 6/9/05. (copies to parties on 6/10/05) (tot,) (Entered: 06/10/2005)
132 STATUS REPORT Joint Statement Regarding Settlement by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/10/2005)
133 Notice of Filing Notice of Service of Supplemental Disclosures filed by Jane Doe.(Kaffer, Cecily) (Entered: 06/10/2005)
134 Notice of Filing Service of Second Supplemental Disclosures filed by Jane Doe.(Kaffer, Cecily) (Entered: 06/10/2005)
135 Notice of Filing Defendants' Supplemental Disclosures filed by Brookley Furniture Company, Howard Miller Clock Co..(Robinson, Sandy) (Entered: 06/13/2005)
136 MOTION for Summary Judgment by Jane Doe. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30)(Kaffer, Cecily) (Entered: 06/14/2005)
137 Determinations of Undisputed Fact re: 136 MOTION for Summary Judgment by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 06/14/2005)
138 Brief re 136 MOTION for Summary Judgment as to Certain Affirmative Defenses filed by Jane Doe. (Kaffer, Cecily) (Entered: 06/14/2005)
139 Order re: Intervenor-Plf's 136 MOTION for Partial Summary Judgment setting response time as follows: Response to S/J due by 7/5/2005. Replies to Response to S/J due by 7/15/2005. Motion to be taken under submission on 7/18/2005. Signed by Judge Callie V. S. Granade on 6/15/05. (copies to parties on 6/15/05)(tot,) (Entered: 06/15/2005)

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06/28/2005

140 RESPONSE to Motion re: 127 MOTION to Compel Production of Videotapes; and Defendants' Motion Under FRCP Rule 37(b)(2) to Stay Action and Extend Deadline for Completion of IME or, in the Alternative, to Strike Intervenor-Plaintiff's Claim for Psychological Injury filed by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Affidavit Dr. Robert T. M. Phillips)(Robinson, Sandy) (Entered: 06/17/2005)
MOTION under FRCP Rule 37(b)2) to Stay Action and Extend Deadline for Completion of IME, or, in the alternative, to Strike Intervenor-Pltf's Claim for Psychological Injury (image at Doc. 140), filed by Brookley Furniture Company & Howard Miller Clock Co.; Referred to Judge Bivins(mab) (Entered: 06/20/2005)
REFERRAL OF MOTION under FRCP Rule 37(b)2) to Stay Action and Extend Deadline for Completion of IME, or, in the alternative, to Strike Intervenor-Pltf's Claim for Psychological Injury (Image at Doc. 140) to Judge Bivins. (tot,) (Entered: 07/01/2005)
REFERRAL OF 140 Response to 127 Jane Doe's Motion to Compel Defendant's to Produce Videotapes of Examination to Judge Bivins. (mab) (Entered: 06/20/2005)
141 MOTION for Summary Judgment as to the EEOC's Fulfilling Conditions Precedent to filing this Lawsuit and As to Integrated Enterprise by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 # 7 Exhibit # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 Exhibit # 17 Exhibit # 18 Exhibit)(Agee, Pamela) (Entered: 06/27/2005)
142 Proposed Findings of Fact and Conclusions of Law in Support of Motion for Partial Summary Judgment as to the EEOC Fulfilling all Conditions Precedent to Filing Suit and as to Integrated Enterprise by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) Modified on 6/28/2005 (mab). (Entered: 06/27/2005)
143 Memorandum in Support re 141 MOTION for Summary Judgment as to the EEOC's Fulfilling Conditions Precedent to filing this Lawsuit and As to Integrated Enterprise filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/27/2005)
144 MOTION for Summary Judgment Intervenor-Plaintiff Jane Doe's Second Motion for Partial Summary Judgment by Jane Doe. (Attachments: # 1 EEOC Charge# 2 EEOC Determination# 3 EEOC "Notice of Failure of Conciliation"# 4 Ellinger deposition# 5 Howard Jack Miller deposition# 6 Sawyer deposition# 7 Palacek deposition# 8 Wallace Deposition# 9 Bowen deposition# 10 Rowley deposition# 11 Phillip Miller deposition# 12 Carmichael deposition# 13 Cumbest deposition# 14 Letter from Ellinger to Hiser# 15 Unemployment Compensation Determination# 16 Portions of Howard Miller handbook# 17 Letter from Cumbest to Jane Doe)(Kaffer, Cecily) (Entered: 06/28/2005)
145 Determinations of Undisputed Fact re: 144 MOTION for Summary Judgment Intervenor-Plaintiff Jane Doe's Second Motion for Partial Summary Judgment by Jane Doe, Jane Doe filed by Jane Doe, Jane Doe. (Attachments: # 1 Proposed

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06/30/2005 06/30/2005 06/30/2005

Order)(Kaffer, Cecily) (Entered: 06/28/2005)
146 Brief re 144 MOTION for Summary Judgment Intervenor-Plaintiff Jane Doe's Second Motion for Partial Summary Judgment Intervenor-Plaintiff Jane Doe's Brief in Support of Her Second Motion for Partial Summary Judgment filed by Jane Doe. (Kaffer, Cecily) (Entered: 06/28/2005)
148 Order re: EEOC's 141 MOTION for Partial Summary Judgment setting response time as follows: Response to S/J due by 7/18/2005. Replies to Response to S/J due by 7/28/2005. Motion to be taken under submission on 7/29/2005. Signed by Judge Callie V. S. Granade on 6/28/05. (copies to parties on 6/29/05)(tot,) (Entered: 06/29/2005)
147 MOTION for Extension of Time Within Which to File Supplemental Expert Disclosure by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 06/29/2005)
REFERRAL OF 147 MOTION for Extension of Time Within Which to File Supplemental Expert Disclosure to Judge Bivins. (mab) (Entered: 06/29/2005)
149 MOTION for Leave to Response on July 5, 2005 to Defendants' Motion to Stay; Motion to Exend; and to File Reply on Issue of Production of Videotapes, filed by Jane Doe. (Cassady, Max) Modified on 9/29/2005 (mab) (Entered: 06/30/2005)
REFERRAL OF 149 MOTION for Leave to File Response on July 5, 2005 to Defendant's Motion to Stay, Motion to Etend, and to File Reply on Issue of Production of Videotapes to Judge Bivins. (mab) (Entered: 06/30/2005)
150 Order, re: 140 Motion Stay Action or Extend Deadline for the Completion of the IME and 147 Motion for Extension of Time to File Supplemental Expert Disclosures. Also before the Court is Plaintiff's 127 Motion to Compel and Defendants' 140 Response. Plaintiff and Intervenor are DIRECTED to file anyopposition to Defendants' motions on or before July 11, 2005. Furthermore, upon consideration of the pending motions, a discovery conference before the undersigned is hereby set for July 12, 2005, at 3:00 p.m., in Courtroom 2C. Parties are to contact the office of the undersigned to confirm continued need for conference. Signed by Judge Sonja F. Bivins on 06/30/2005. (mab) (Entered: 06/30/2005)
151 MOTION to Compel Response to Non-Party Subpoena by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1)(Robinson, Sandy) (Entered: 06/30/2005)
152 ENDORSED ORDER granting 149Plaintiff's request to file a reply to Defendants' Response to Motion to Compel Production of Videotapes [Doc. 127]. The motion for leave to file a response to Defendants' Motion to Stay [Doc. 140] is made MOOT by the entry of Doc. 150. . Signed by Judge Sonja F. Bivins on 6/30/05. (ebf, ) (Entered: 06/30/2005)
REFERRAL OF 151 MOTION to Compel Response to Non-Party Subpoena to Judge Bivins. (tot,) (Entered: 06/30/2005)

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153 Second MOTION for Summary Judgment As to Certain EEOC Allegations and Defendants' Affirmative Defenses Regarding Sexual harassment ' by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)(Agee, Pamela) (Entered: 06/30/2005)
154 Memorandum in Support re 153 Second MOTION for Summary Judgment As to Certain EEOC Allegations and Defendants' Affirmative Defenses Regarding Sexual harassment ' filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/30/2005)
155 Proposed Findings of Fact re 153 Second MOTION for Summary Judgment As to Certain EEOC Allegations and Defendants' Affirmative Defenses Regarding Sexual harassment ' by U.S. Equal Employment Opportunity Commission (Agee, Pamela) Modified on 9/29/2005 (mab). (Entered: 06/30/2005)
156 MOTION for Partial Judgment on the Pleadings as to Brookley Furniture's Ninth Affirmative Defense by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) Modified on 9/29/2005 (mab) (Entered: 06/30/2005)
157 MOTION for Partial Judgment on the Pleadings as to Howard Miller Clock Company's Tenth Affirmative Defense by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) Modified on 9/29/2005 (mab) (Entered: 06/30/2005)
158 Order re: 151 MOTION to Compel Response to Non-Party Subpoena filed by Brookley Furniture Company, & Howard Miller Clock Co., setting response deadline for 7/11/2005, and advising that this matter will be addressed at the discovery conference set on July 12, 2005 at 3:00 p.m. Signed by Judge Sonja F. Bivins on 06/30/2005. Copies to parties and non-party Mobile Infirmary Medical Center.(mab) (Entered: 06/30/2005)
159 Order re 144 Second MOTION for Partial Summary Judgment by Intervenor-Plaintiff Jane Doe, setting response time as follows: Response to S/J due by 7/18/2005. Replies to Response to S/J due by 7/28/2005. Motion to be taken under submission on 7/29/2005. Signed by Judge Callie V. S. Granade on 06/30/2005. (mab) (Entered: 06/30/2005)
160 Memorandum in Support re 156 MOTION for Judgment on the Pleadings as to Brookley Furniture filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/30/2005)
161 Memorandum in Support re 157 MOTION for Judgment on the Pleadings as to Howard Miller Clock Company filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 06/30/2005)
162 MOTION for Summary Judgment by Brookley Furniture Company, or, in the alternative, for Partial Summary Judgment as to Certain Claims. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28

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Exhibit 28# 29 Exhibit 29# 30 Exhibit 30# 31 Exhibit 31# 32 Exhibit 32# 33 Exhibit 33# 34 Exhibit 34# 35 Exhibit 35# 36 Text of Proposed Order Findings of Fact, Conclusions of Law and Judgment)(Robinson, Sandy) Modified on 9/29/2005 (mab). (Entered: 06/30/2005)
163 MOTION to exceed page limitation in Brief in Support of Motion for Summary Judgment by Brookley Furniture Company. (Robinson, Sandy) (Entered: 06/30/2005)
164 Brief in Support of Motion for Summary Judgment filed by Brookley Furniture Company. (Attachments: # 1 Appendix)(Robinson, Sandy) (Entered: 06/30/2005)
165 MOTION for Summary Judgment by Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order Findings of Fact, Conclusions of Law and Judgment)(Robinson, Sandy) (Entered: 06/30/2005)
166 Brief in Support of Motion for Summary Judgment filed by Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 06/30/2005)
167 MOTION Exceed Page Limitation re 136 MOTION for Summary Judgment Defendants' Motion to Exceed Page Limitation for a Response to Intervenor-Plaintiff's Summary Judgment Motion by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 07/05/2005)
168 RESPONSE in Opposition re 153 Second MOTION for Summary Judgment As to Certain EEOC Allegations and Defendants' Affirmative Defenses Regarding Sexual harassment ', 136 MOTION for Summary Judgment, 156 MOTION for Judgment on the Pleadings as to Brookley Furniture, 157 MOTION for Judgment on the Pleadings as to Howard Miller Clock Company filed by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit A-C)(Robinson, Sandy) (Entered: 07/05/2005)
169 Order re EEOC's 153 Second MOTION for Partial Summary Judgment as to Certain EEOC Allegations and Defendants' Affirmative Defenses Regarding Sexual Harrassment; Brookley Furniture Company's 162 MOTION for Summary Judgment, or, in the alternative, for Partial Summary Judgment as to Certain Claims; and Howard Miller Clock Co's 165 MOTION for Summary Judgment: Responses to motions for summary judgment due by 7/20/2005. Replies to Responses to S/J due by 8/1/2005. Motions to be taken under submission on 8/2/2005. Brookley Furniture Company's 163 Motion to Exceed Page Limitation is GRANTED. Howard Miller Clock Co's 167 Motion to Exceed Page Limitation is GRANTED. Signed by Judge Callie V. S. Granade on 07/06/2005. (mab, ) (Entered: 07/06/2005)
170 Order, setting deadline for Defendants to respond by July 15, 2005 to EEOC's 156 MOTION for Partial Judgment on the Pleadings as to Brookley Furniture's Ninth Affirmative Defense and 157 MOTION for Partial Judgment on the Pleadings as to Howard Miller Clock Company's Tenth Affirmative Defense. Signed by Judge Callie V. S. Granade on 07/06/2005. (mab) (Entered: 07/06/2005)
171 REPLY to 140 Defendant's Opposition to Production of Videotapes of Plaintiff's Court Ordered Mental Evaluation and Response to Defendant's Motion to Stay, filed by Jane Doe. (Cassady, Max) Modified on 9/29/2005 (mab ) (Entered:

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07/12/2005)
172 REPLY to 140 Defendants' Opposition to Production of Videotapes, and Opposition to Defendants' Rule 37 Motion to Stay, filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) Modified on 9/29/2005 (mab) (Entered: 07/12/2005)
REFERRAL OF 171 Reply, 172 Response in Opposition to Motion to Judge Bivins. (tot,) (Entered: 07/13/2005)
173 REPLY to 168 Response in Opposition to Plaintiff's 153 Second Motion for Partial Summary Judgment as to Certain Affirmative Defenses and Response to Plaintiff's 156, 157 Motion for Partial Judgment on the Pleadings filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Agee, Pamela) Modified on 7/15/2005 (tot,). (Entered: 07/14/2005)
174 MOTION to Compel Intervenor-Plaintiff to Execute a Release for the Medical Records Contained in her Social Security Disability File by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Text of Proposed Order # 2 Appendix Social Security Release)(Stutz, Joseph) (Entered: 07/14/2005)
175 MOTION for Extension of Time to File Response/Reply as to 168 Response in Opposition to Motion, by Jane Doe. (Kaffer, Cecily) (Entered: 07/15/2005)
176 ORDER, re: rulings at discovery conference held 7/15/05. Plaintiff-intervenor's 127 Motion to Compel is DENIED as set out on the record. Defendants' 147 Motion to Extend Time for their supplemental expert disclosure is GRANTED in part as set out in order. Defendants' 140 Motion to Stay and Extend Deadline for Completion of IME is held in abeyance. Counsel for Plaintiff-Intervenor Jane Doe is DIRECTED to submit to the Court, no later than August 5, 2005, a signed statement from Dr. Kathryn Ney as set out in order. Signed by Judge Sonja F. Bivins on 07/15/2005. (mab) (Entered: 07/15/2005)
Minute Entry for proceedings held before Judge Sonja F. Bivins : Motion Hearing held on 7/15/2005 re 174 MOTION to Compel Intervenor-Plaintiff to Execute a Release for the Medical Records Contained in her Social Security Disability File filed by Brookley Furniture Company, Howard Miller Clock Co., 151 MOTION to Compel Response to Non-Party Subpoena filed by Brookley Furniture Company, Howard Miller Clock Co; (Court Reporter FTR recording.) (mjn, ) (Entered: 07/18/2005)
REFERRAL OF 174 MOTION to Compel Intervenor-Plaintiff to Execute a Release for the Medical Records Contained in her Social Security Disability File to Judge Bivins. (hearing held 7/15/05 per minute entry) (mab) (Entered: 10/02/2005)
177 ORDER GRANTING Dfts' 151 Unopposed Motion to Compel as set out. Mobile Infirmary is ORDERED to release &/or produce any & all records of Intervenor-Plf as set out w/i 14 days of this Order. Signed by Judge Sonja F. Bivins on 7/15/05. (copies to parties on 7/18/05) (tot,) (Entered: 07/18/2005)
178 MOTION for Leave to File Excess Pages by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 07/18/2005)

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179 RESPONSE in Opposition re 144 MOTION for Summary Judgment Intervenor-Plaintiff Jane Doe's Second Motion for Partial Summary Judgment, 141 MOTION for Summary Judgment as to the EEOC's Fulfilling Conditions Precedent to filing this Lawsuit and As to Integrated Enterprise filed by Brookley Furniture Company, Howard Miller Clock Co.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Stutz, Joseph) (Entered: 07/18/2005)
180 MOTION Exceed Page Limitation re 179 Response in Opposition to Motion, by Brookley Furniture Company, Howard Miller Clock Co.. (Stutz, Joseph) (Entered: 07/18/2005)
181 REPLY Brief filed by Intervenor Plaintiff Jane Doe re: 168 Response in Opposition to 136 Motion, Jane Doe's Brief in Reply to Defendants' Response to Support of Her Motion for Partial Summary Judgment as to Certain Affirmative Defenses filed by Jane Doe. (Attachments: # 1)(Kaffer, Cecily) Modified on 7/20/2005 (tot,). (Entered: 07/18/2005)
182 Evidentiary Material Intervenor-Plaintiff's Notice of Filing Evidentiary Materials filed by Jane Doe re: 136 MOTION for Summary Judgment, 138 Brief, 181 Reply Brief,. (Attachments: # 1)(Kaffer, Cecily) (Entered: 07/19/2005)
183 MOTION for Extension of Time to File Response/Reply as to 162 MOTION for Summary Judgment, 165 MOTION for Summary Judgment Jane Doe's Motion for Extension of Time to File Response to Defendants' Motions for Summary Judgment by Jane Doe. (Kaffer, Cecily) (Entered: 07/20/2005)
184 RESPONSE in Opposition re 162 MOTION for Summary Judgment, 165 MOTION for Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Errata # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Attachment# 23 Attachment 2)(Agee, Pamela) (Entered: 07/20/2005)
185 MOTION for Extension of Time to Respond to Defendants' Motions for Summary Judgment by Jane Doe. (Kaffer, Cecily) (Entered: 07/25/2005)
186 MOTION for Leave to File Excess Pages by Jane Doe. (Kaffer, Cecily) (Entered: 07/26/2005)
187 RESPONSE in Opposition re 162 MOTION for Summary Judgment, 165 MOTION for Summary Judgment filed by Jane Doe. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30 # 31 # 32 # 33 # 34 # 35 # 36 # 37 # 38 # 39 # 40 # 41 # 42 # 43 # 44 # 45)(Kaffer, Cecily) (Entered: 07/26/2005)
188 REPLY to 179 Response to 141 Motion for Partial Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A to Attachment 1# 2 Exhibit B to Attachment 1# 3 Exhibit C to Attachment 1# 4 Exhibit D part 1 to Attachment 1# 5 Exhibit D part 2 to Attachment 1# 6 Exhibit E to Attachment 1# 7 Exhibit F to Attachment 1# 8 Exhibit G to Attachment 1)(Agee, Pamela) Modified on 7/28/2005 (tot,). Modifed on 7/29/2005 (tot,). Additional attachment added on 8/1/2005: Attachment 1 (tot,). (Entered: 07/28/2005)

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189 REPLY to 179 Response to 144 Motion for Partial Summary Judgment filed by Jane Doe. (Attachments: # 1 Exhibit EEOC Charge Declaration# 2 Exhibit Dave Sawyer Deposition# 3 Exhibit Asher Carmichael Deposition# 4 Exhibit Richard Ellinger Deposition# 5 Exhibit Jack "Buzz" Miller Deposition# 6 Exhibit Letter from Ellinger to Hiser# 7 Exhibit Brookley Furniture Handbook# 8 Exhibit Joe Rowley Deposition# 9 Exhibit Dale Hiser Deposition# 10 Exhibit Andy Bowen Deposition# 11 Exhibit Dennis Palacek Deposition# 12 Exhibit Mike Wallace Deposition# 13 Exhibit Phil Miller Deposition# 14 Exhibit Donna Cumbest Performance Review# 15 Exhibit Brookley Furniture Position Statement# 16 Exhibit EEOC Request for information to Brookley Furniture# 17 Exhibit Letter from Robinson to EEOC# 18 Exhibit Letter from Robinson to Plaintiff's Counsel)(Kaffer, Cecily) Modified on 7/29/2005 (tot, ). (Entered: 07/28/2005)
190 REPLY Brief filed by Defendants Brookley Furniture Company, Howard Miller Clock Co. re: 187 Response in Opposition to 162, 165 Motions for Summary Judgment, 184 Response in Opposition to 162, 165 Motions for Summary Judgment. (Robinson, Sandy) Modified on 8/2/2005 (tot,). (Entered: 08/01/2005)
191 MOTION Exceed Page Limitation re 190 Reply Brief by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 08/01/2005)
192 RESPONSE TO 176 Order of July 15, 2005 re: Motion to Compel, filed by Jane Doe. (Attachments: # 1)(Kaffer, Cecily) Modified on 9/29/2005 (mab). (Entered: 08/05/2005)
REFERRAL OF 192 Jane Doe's Response to Court's 176 Order of July 15, 2005 with statement of Dr. Kathryn Ney attached to Judge Bivins. (mab) (Entered: 08/05/2005)
193 ENDORSED ORDER GRANTING 175 MOTION for Extension of Time to File Response/Reply as to 168 Response in Opposition to Motion by Jane Doe; GRANTING 178 MOTION for Leave to File Excess Pages by U.S. Equal Employment Opportunity Commission; GRANTING 180 MOTION Exceed Page Limitation re 179 Response in Opposition to Motion by Brookley Furniture Company & Howard Miller Clock Co.; GRANTING 183 MOTION for Extension of Time to File Response/Reply as to 162 & 165 MOTIONs for Summary Judgment by Jane Doe; GRANTING 185 MOTION for Extension of Time to Respond to Defendants' Motions for Summary Judgment by Jane Doe; GRANTING 186 Motion for Leave to File Excess Pages; and GRANTING 191 MOTION Exceed Page Limitation re 190 Reply Brief by Brookley Furniture Company, Howard Miller Clock Co.Signed by Judge Callie V. S. Granade on 08/12/2005. (mab) (Entered: 08/12/2005)
194 MOTION to Extend Time for Completion of Independent Medical Examination and Completion of Expert Discovery and for Continuance of Trial, filed by Brookley Furniture Company, Howard Miller Clock Co.; Referred to Judge Bivins(mab) (Entered: 09/08/2005)
195 RESPONSE to Motion re: 194 MOTION for Extension of Time to Complete Discovery MOTION to Continue Intervenor-Plaintiff's Response to Defendants' Motion to Extend Time for Completion of Independent Medical Examination filed by Jane Doe. (Kaffer, Cecily) (Entered: 09/13/2005)

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196 RESPONSE to Motion re: 194 MOTION for Extension of Time to Complete Discovery MOTION to Continue filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 09/13/2005)
REFERRAL OF 195 & 196 Responses to 194 MOTION to Extend Time for Completion of Independent Medical Examination and Completion of Expert Discovery and for Continuance of Trial to Judge Bivins. (mab) (Entered: 09/13/2005)
197 REPLY to 195 Response to Motion, to Extend Time for Completion of Independent Medical Examination and For Continuance filed by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 09/14/2005)
REFERRAL OF Defendants' 197 REPLY to 195 Response to Motion to Extend Time for Completion of Independent Medical Examination and For Continuance to Judge Bivins. (mab) (Entered: 09/14/2005)
198 REPLY to 195 Response to 194 Motion to Extend Time for Completion of Independent Medical Examination and Completion of Expert Discovery and for Continuance of Trial (Supplement to Reply filed at Doc. 197) filed by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) Modified on 9/22/2005 (tot,). (Entered: 09/21/2005)
REFERRAL OF 198 Supplemental Reply to Response to Motion to Judge Bivins. (tot,) (Entered: 09/22/2005)
199 RESPONSE to Motion re: 194 MOTION for Extension of Time to Complete Discovery MOTION to Continue filed by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 09/22/2005)
REFERRAL OF 199 RESPONSE to Motion re: 194 MOTION for Extension of Time to Complete Discovery MOTION to Continue to Judge Bivins. (mab) (Entered: 09/22/2005)
200 ORDER granting 194 Motion for Extension of Time to Complete Discovery, and to Continue trial in part, as follows: 1) Psychological testing of Intervenor is to be completed no later than 10/31/2005. 2) Defendant's expert, Dr. Robert T. M. Phillips, is to complete Plaintiff's IME on or before 1/6/2006. Expert report due by 1/20/2006. Expert to be made available for deposition no later than 1/30/2006. 3) Plaintiff & Intervenor's expert report due by 2/10/2006, and expert shall be made available for deposition no later than 2/17/2006. 4) Final pretrial conference continued to 2/21/2006 at 10:00 a.m. 5) Trial continued to March 2006, w/jury selection set for 3/7/2006. Signed by Judge Sonja F. Bivins on 09/26/2005. (mab, ) (Entered: 09/28/2005)
201 ORDER, extending deadline for pretrial disclosures to 2/7/2006, and granting in part 174 MOTION to Compel Intervenor-Plaintiff to Execute a Release for the Medical Records Contained in her Social Security Disability File. IntervenorPlaintiff is DIRECTED to provide to Defendants an executed release for all of Dr. David Formwalt's records, notes and other documents contained in Intervenor- Plaintiff's Social Security file.Signed by Judge Sonja F. Bivins on 10/05/2005. (mab) (Entered: 10/05/2005)

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12/30/2005 01/03/2006

202 MOTION to Clarify Jane Doe's Motion for Clarification of Discovery Order by Jane Doe. (Kaffer, Cecily) (Entered: 10/05/2005)
REFERRAL OF 202 Jane Doe's Motion for Clarification of Discovery Order to Judge Bivins. (mab) (Entered: 10/05/2005)
203 Memorandum in Support re 144 MOTION for Summary Judgment Intervenor-Plaintiff Jane Doe's Second Motion for Partial Summary Judgment, 146 Brief, Intervenor-Plaintiff Jane Doe's Supplemental Citation of Recently-Decided Authority Bearing on Summary Judgment Issues filed by Jane Doe. (Kaffer, Cecily) (Entered: 10/11/2005)
204 RESPONSE to 203 Memorandum in Support, Intervenor-Plaintiff's Supplemental Citation Of Recently-Decided Authority Bearing On Summary Judgment Issues filed by Brookley Furniture Company, Howard Miller Clock Co.. (Stutz, Joseph) (Entered: 10/14/2005)
205 MOTION for Hearing Intervenor-Plaintiff Jane Doe's Motion to Set Trial Date by Jane Doe. (Kaffer, Cecily) (Entered: 11/22/2005)
206 MOTION Set Firm Trial Date by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 11/23/2005)
207 Unopposed MOTION for Prisca M. DeLeonardo to Withdraw as Attorney by U.S. Equal Employment Opportunity Commission. (Deleonardo, Prisca) (Entered: 11/28/2005)
208 ENDORSED ORDER granting 207 Unopposed MOTION for Prisca M. DeLeonardo to Withdraw as Attorney by U.S. Equal Employment Opportunity Commission. Signed by Judge Callie V. S. Granade on 11/28/2005. (mab) (Entered: 11/28/2005)
209 Consent to MOTION re: 206 MOTION Set Firm Trial Date, 205 MOTION for Hearing Intervenor-Plaintiff Jane Doe's Motion to Set Trial Date and Request for Setting During Early Part of Jury Term filed by Brookley Furniture Company, Howard Miller Clock Co.. (Robinson, Sandy) (Entered: 11/30/2005)
210 ORDER denying 205 Intervenor-Plaintiff Jane Doe's Motion to Set Trial Date and denying 206 Motion to Set Trial Date. Unless the parties jointly file a consent form signed by all counsel on or before December 27, 2005, trial of this action will be deemed continued without further action of the court to the May 2006 trial term to begin on May 22, 2006, and the pretrial conference will bedeemed rescheduled for April 10, 2006 at 1:00 p.m., to be held in chambers, room 247, United States Courthouse, Mobile, Alabama. In the event that the pretrial conference is rescheduled, the parties' joint pretrial document shall be filed no later than April 3, 2006. Jury selection for the May 2006 trial term is set for May 2, 2006. Signed by Judge Callie V. S. Granade on 12/8/2005. (Attachments: #(1) Notice of Right to Consent & Consent Form) (mab) (Entered: 12/08/2005)
211 SETTLEMENT AGREEMENT by Defendants and by U.S. Equal Employment Opportunity Commission. (Agee, Pamela) (Entered: 12/30/2005)
212 ORDER DISMISSING CASE with prejudice pursuant to Rule 41(a)(1)(ii). Signed by Judge Callie V. S. Granade on 1/3/2006. (mab) (Entered: 01/04/2006)

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[CONTENT] EEOC | Birmingham | AL | Brookley Furniture Company | Howard Miller Clock Company | the United States | District Court | the Southern District ||| Brookley Furniture | Michigan | Mobile | Alabama ||| Howard Miller | Brookley Furniture ||| EEOC ||| EEOC |||  ||| Brookley Furniture ||| EEOC |||  ||| 10 months |||  ||| 01/03/2006 ||| 225,000 |||  [SUMMARY] EEOC's Birmingham, AL office filed this sexual harassment lawsuit against Brookley Furniture Company and Howard Miller Clock Company in the United States District Court for the Southern District of Alabama (Southern Division) on 09/28/2004.  Brookley Furniture is a Michigan corporation that operates a furniture factory in Mobile, Alabama.  Howard Miller has been an integrated enterprise of Brookley Furniture.  

EEOC alleged on behalf of an unidentified former female employee that she was subject to repeated sexual harassment from the company's general manager.  EEOC withheld the employee's identity to protect her privacy.  The employee was forced to resign after her supervisors took no action in response to her complaints.  Following the employee's resignation, Brookley Furniture terminated both the general manager and the employee.   Accordingly, EEOC made additional claims of constructive discharge and wrongful termination on behalf of the employee.  In her intervening complaint, the employee also asserted state-law tort claims.  

The parties engaged in 10 months of intensive discovery, during which both sides filed several motions for partial summary judgment and numerous discovery motions.  The district court did not resolve any of the summary judgment motions.  At the end of discovery and before jury trial, the parties proposed a settlement agreement and the court entered a consent judgment on 01/03/2006.  

Under the consent decree, the defendant would pay a total of $225,000 in monetary relief to the employee and provide neutral reference for her.  The decree also prohibited the defendant from engaging in sexual discrimination or retaliation in the future.

