,.

F I LED
CHARLOTTE. N.C.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA'JUN 301999
CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

U.S. DISTRICT COURT W. DIST. OF N.C.
CIVIL ACTION NO . .$: 99 ev'.;?pr,t../Jt:,(;,

v.

COMPLAINt'

THE GEHL CORPORATION d/b/a/ THE GEHL GROUP,

JURY TRIAL DEMAND

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") 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 Harriet Owens and a class of similarly situated female candidates for employment who were adversely affected by such practices. The Commission alleges Defendant failed to hire Harriet Owens and a class of similarly situated female candidates for employment on account of their sex, thereby depriving them of equal employment opportunities.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Secs. 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f) (1) and (3) and 707 of Title VII, 42 U.S.C. Secs. 2000e-5(f) (1) and (3) and 2000e-6, and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were

committed within the jurisdiction of the United States District Court for the Western District of North Carolina, Charlotte Division and elsewhere.
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 VIr and is expressly authorized to bring this action by Sections 706(f) (1) and (3) and 707 of Title VII, 42 U.S.C. § 2000e-5 (f) (1) and (3) and § 2000e-6. 4. At all relevant times, Defendant, The Gehl Group, Inc. (the "Employer"), has continuously been a Florida corporation doing business in the State of North Carolina and the City of Charlotte, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U. S . C. § § 2000 e (b), (g ) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Harriet Owens filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 1992, Defendant Employer has engaged in unlawful employment practices at its office in Charlotte, North
2

Carolina and at approximately 140 other offices it owns and operates in over 30 states, in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2(a) (1). Specifically, Harriet Owens and a class of similarly situated female candidates for employment were denied employment opportunities in telemarketing sales positions with Defendant Employer on account of their sex, female.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Harriet Owens and a class of similarly situated female candidates for employment of equal employment opportunities because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above constitute a pattern or practice of unlawful sexual discrimination actionable pursuant to Section 707 of Title VII, 42 U.S.C. § 2000e-6. The unlawful employment practices complained of in paragraph 7 above also constitute a continuing violation of Title VII.
10. The unlawful employment practices complained of in paragraph 7 above were and are intentional.
11. The unlawful employment practices complained of in paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights of Harriet Owens and a class of similarly situated female candidates for employment.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this
3

court: A. Grant a permanent injunction enjoining Defendant
Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from denying females equal employment opportunities on account of their sex and from engaging in any other employment practice which discriminates on the basis of sex.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
c. Order Defendant Employer to make whole Harriet Owens and a class of similarly situated female candidates for employment, by providing each with employment, appropriate backpay, with pre- and post-judgment interest in amounts to be proved at trial, and with other appropriate affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole Harriet Owens and a class of similarly situated female candidates for employment by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Harriet Owens and a class of similarly situated female candidates for
4

employment, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Harriet Owens and a class of similarly situated female candidates for employment punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Dated this 2'O+~ day of June, 1999.
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
Region 1
5

OSEMARY J. FOX v Supervisory T
W. EDWARD Senior Trial Attorney
ri r) -LYNE~T.T..E.~.E-S-:: Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 West Trade Street Suite 400 Charlotte, NC 28202 (704) 344-6885
6

 </s> RECEIVED
CHARlom, N.C.

~11:.

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA c:

Clerk, U. S. Dlat. Court

CHARLOTTE DIVISION

:e~)

W. Dist of N. C.

'oc -

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

, ,

Plaintiff,

)

)

v.

) CIVIL ACTION No\\,

)

3:99CV274~MU

'

THE GEHL CORPORATION d/b/a

)

THE GEHL GROUP

)

)

Defendant.

)

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CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission

("Plaintiff' or "the Commission") against The Gehl Corporation d/b/a The Gehl Group

("Defendant" or "The Gehl Group") pursuant to Sections 706(f)(l) and (3) and 707 of Title VII

of the Civil Rights Act of 1964, as amended, 42 V.S.C. Section 2000e, et seg., ("Title VII") and

Section 102 of the Civil Rights Act of 1991,42 V.S.c. § 1981a. Plaintiff alleged that The Gehl

Group engaged in unlawful employment practices at its facilities nationwide when it failed to

hire Harriet Owens and a class of similarly situated females because of their sex.

Plaintiff and Defendant hereby stipulate to jurisdiction of the Court over the parties and

the subject matter of this action.

Plaintiff and Defendant desire to resolve the allegations in the Complaint without the

burden, expense, and delay of contested litigation. Therefore, both have agreed to the entry of

this Consent Decree. This Decree, being entered with the consent of the parties, shall not

constitute an adjudication or finding on the merits of the present action and shall not be used or

·'
introduced for any purpose whatsoever in any legal proceeding, except in an action to enforce this Decree. The parties have agreed to this Decree, and neither this Decree nor the provisions contained herein shall be interpreted or construed as an admission by Defendant of a violation of
.
Title VII or any other law prohibiting discrimination. Upon the date of entry by the Court, this Decree shall be final and binding upon Plaintiff
and Defendant, as well as upon their respective successors and assigns. The Court has jurisdiction over the parties and the subject matter of this action. The
Court has reviewed the terms of the proposed Consent Decree and in light of the pleadings and applicable laws and regulations, it has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII.
It is therefore ORDERED, ADJUDGED AND DECREED that: 1. Defendant shall not discriminate against applicants for employment or employees on the basis of sex (gender) by denying equal employment opportunities to female applicants or employees. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, or assistance or participation in any investigation, proceeding or hearing under Title VII. 3. Damaees. Defendant agrees to pay the gross sum of seventy thousand dollars ($ 70,000) to resolve the Commission's claim for damages under Title VII. The full amount of the settlement ($ 70,000) shall be payable as follows: (a) six thousand dollars ($ 6,000) within twenty (20) days of the date the court enters this Consent Decree; (b) six thousand dollars
2

($ 6,000) by no later than the ninetieth (90) day after the court enters this Consent Decree; (c) the remaining fifty-eight thousand dollars ($ 58,000) will become due and payable after the $ 6,000 payment referenced in subsection (b) of this paragraph, and shall be paid in full within one (1) calendar year following the date the Court enters this Consent Decree. Said fifty-eight thousand dollars ($ 58,000) shall be paid by Defendant in monthly installments of no less than two thousand ($ 2,000) per month, payable on or before the fifteenth day (15th) of each month. It is expressly understood and agreed that the entire settlement fund, in the amount of seventy thousand dollars ($ 70,000), shall be paid by no later than one (1) calendar year following the date the Court enters this Consent Decree. The settlement fund shall be distributed to Charging Party Harriet Owens and identified class members as described in paragraphs 4 through 9 below. Any undistributed settlement proceeds shall be distributed as described in paragraphs 10-11 below.
4. Harriet Owens. The first twenty thousand dollars ($ 20,000) paid by Defendant under this Decree shall be paid to Charging Party Harriet Owens. The parties agree that said amount shall represent five hundred dollars ($ 500) in back payor "wages" as defined in the federal income tax code (26 U.S.C. §§ 3121(a) and 3401 (a». The remaining amounts ($ 19,500) to be distributed to Ms. Owens shall be deemed damages not resulting from physical injuries or physical sickness. Defendant will issue Ms. Owens an IRS 1099 form as required by law, reflecting payment of said amounts. The payments referenced in this paragraph shall not be made to Harriet Owens until Defendant receives the signed release from Ms. Owens referenced in paragraph 9 below.
3

5. Class members. Following the payment of the amount to Harriet Owens as set out in paragraph 4 above, Defendant shall pay the remaining fifty thousand dollars ($ 50,000) to identified class members in pro rata amounts. The class shall consist of females identified by the Commission who applied for telemarketer positions with Defendant, and were not hired.
6. The Commission shall provide Defendant a list of the names, addresses, and social security numbers of all identified class members (hereafter "class list") within one hundred twenty (120) days after the Court enters this Consent Decree. The class list shall also include the pro rata amount due to each class member. The class members shall be ranked on the class list by their date of application with Defendant, from earliest to latest. Iftwo or more class members applied for employment on the same date, those applicants shall be ranked on the class list by their date of application, then in alphabetical order. If the date one or more class members applied with Defendant cannot be determined, those persons will be placed at the end of the class list, in alphabetical order.
7. Upon receipt of signed releases from the class members as referenced in paragraph 9 below, Defendant shall begin making payments to the class members immediately upon completion of payments to Harriet Owens. Defendant shall make payments to class members in the pro rata amount set forth on the class list, beginning with the first person identified on the class list, and continuing through the end of the list. The parties agree that all monies distributed to the class members will constitute back payor "wages" as defined in the federal income tax code (26 U.S.C. §§ 3121(a) and 3401 (a». Defendant will issue each class member who is the recipient of a payment under this Decree, an IRS 1099 form as required by
4

law, reflecting payment in the appropriate amount.
8. All checks shall be mailed by certified mail, return receipt requested to Harriet
Owens and each of the class members at the addresses to be provided by the Commission.
Within ten (10) days ofthe date that Defendant mails the checks, it shall mail to Mindy E.
Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade
Street, Suite 400, Charlotte, N.C. 28202, a copy of each check and proof of its delivery.
9. Within ten (10) daxs of the date the court enters this Consent Decree, EEOC shall
provide Defendant with the address for payment to Harriet Owens, along with an executed
release from Ms. Owens. At the time of service of the class list referenced in paragraph 6 upon
Defendant, EEOC shall serve Defendant with the releases executed by the class members. All
releases shall be in the form attached hereto as Exhibit A.
10. Undistributed settlement proceeds. As used below, the term "undistributed
settlement proceeds" shall mean and refer to the following:
a. If any or all of the required releases are not signed and provided to Defendant, and as a result Defendant is not required to make some or all of the payments set out in paragraphs 3 through 5, the monies that are not paid by Defendant shall be deemed "undistributed settlement proceeds"; and
b. If any payment mailed to a class member is returned undeliverable by the United States Postal Service, Defendant shall notify the EEOC of the returned payment within ten (10) days of the receipt ofthe returned payment by Defendant. Said notification shall be sent to Mindy E. Weinstein, Regional Attorney, EEOC, at the address in paragraph 8 above. EEOC shall have ninety (90) days thereafter to provide Defendant with a correct address for the class member. If EEOC is unable to provide a correct address for the class member, the payment shall be distributed to the next person on the class list (who has not received a payment) within five (5) days of notification from EEOC that EEOC is unable to provide a correct address. If the class list is exhausted, and Defendant has not paid the total sum of seventy thousand dollars ($ 70,000), any monies that were not been paid by Defendant shall be deemed "undistributed settlement proceeds."
5

11. In the event that undistributed settlements proceeds remain one (1) calendar year following the date the Court enters this Consent Decree, the parties agree that EEOC shall designate ajob training program for women to which the undistributed settlement proceeds shall be donated. Defendant shall notify EEOC within thirty (30) days following the date that it makes the final payment to class members of the existence and amount of any undistributed settlement proceeds. Within twenty (20) days ofreceipt of the notification from Defendant, EEOC shall provide the identity of the job training program, and instructions for making the donation, to Defendant.
12. Affirmative relief. Defendant does not currently conduct business within the United States or within any foreign jurisdiction. IfDefendant resumes business within the United States or within any foreign jurisdiction during the term of this Decree, Defendant agrees to provide the affirmative relief described in paragraphs 13 through 20 below.
13. Notice postina. Within ten (10) days after resuming business operations in any state within the United States or within any foreign jurisdiction, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit B, in places where it is visible to employees at all of its facilities nationwide. Said Notice shall remain posted throughout the term of this Decree.
14. Policy. Within thirty (30) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall adopt a written employment policy prohibiting sex discrimination. Within sixty (60) days after resuming business operations in any state within the United States or within any foreign jurisdiction, a copy of said policy shall be distributed to each manager, supervisor and employee at each of Defendant's facilities nationwide. During the term of this Decree, the policy shall be distributed
6

to each new hire upon hire. 15. Trainine. During the term of this Decree, Defendant shall provide training to
all managers and supervisors on its payroll at each of its facilities nationwide, concerning its policy against sex discrimination and Title VII's prohibitions against discrimination based on sex. This training shall be completed within ninety (90) days after resuming business operations in any state within the United States or within any foreign jurisdiction. Within one hundred twenty (120) days after resuming business operations, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all persons in attendance. Said certification and roster shall be forwarded to Mindy E. Weinstein, Regional Attorney, EEOC, at the address in paragraph 8 above.
16. Reportine. From the date of resuming business operations, throughout the term of this Decree, Defendant shall submit quarterly reports to the Commission showing its employee profile, by gender, at all of its facilities nationwide. The reports shall contain, or be accompanied by, the most recent payroll records for each facility. The payroll records shall include at least the following for each employee: (a) name; (b) gender; (c) employee number; (d) facility at which the employee is employed; (e) the number of hours worked during the subject payroll period; (f) total earnings for the period; and (g) the check number for the payroll check provided to the employee.
17. The first report shall be submitted two (2) months after resuming business operations in any state within the United States or within any foreign jurisdiction. The second report shall be submitted three (3) months after the first report. Reports shall be submitted every three (3) months thereafter throughout the term of this Decree. The reports shall be mailed to Mindy E. Weinstein, Regional Attorney, EEOC, at the address in paragraph 8 above.
7

18. Record keepinK. From the date of resuming business operations, throughout the term of this Decree, Defendant shall preserve all application forms submitted by candidates for employment for at least one (1) year from the date of receipt of the application form.
19. Compliance review. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant's job sites, interview employees and examine and copy documents, including but not limited to payroll records and employment applications.
20. If at any time during the term ofthis Decree, the Commission believes that Defendant is in violation ofthis Decree, the Commission shall give notice to Defendant. After notified of the suspected violation(s), Defendant shall have thirty (30) days in which to investigate and respond to the allegations. Thereafter, the parties shall have a period ofthirty (30) days, or such additional periods as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations before the Commission exercises any remedy provided by law.
21. General Release. In consideration of the payments described in paragraphs 3 through 11, the EEOC, on behalf of itself and its agents, representatives, attorneys, assigns and employees, fully and finally releases Defendant and any of its past or present employees, administrators, agents, officials, officers, directors, shareholders, divisions, parents, subsidiaries, predecessors, successors, affiliates, general partners, limited partners, employee benefit plans (and their sponsors, fiduciaries, or administrators), insurers, or attorneys, from any and all liability, claims, demands, actions, causes of action, suits, grievances, debts, sums of money, agreements, promises, damages, back and front pay, costs, expenses, attorneys' fees, and remedies of any type relating to any claims that arose or may have arisen out ofthe this
8

litigation, including: (a) all claims that were raised or could have been raised by EEOC in the

captioned action; and (b) all claims, actions or liability that arose, or could have arisen under

Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 in the captioned

action.

22. Dismissal of Liti&ation. The parties agree to seek entry of this Consent Decree

and dismissal of this litigation with prejudice as to all claims, in the form attached hereto as

Exhibit C. The parties agree that this Court shall retain jurisdiction of this cause for purposes of

monitoring compliance with this Decree and entry of such further orders as may be necessary or

appropriate) ~J-.~~.p~

~

~ourt. 7 23. The term of this Decree shall be for three (3) years from its entry by the

24. Each party shall bear its own costs and attorney fees.

ChIef United States District Judge Western District of North Carolina

9

CONSENTED TO:
For Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Acting Deputy General Counsel
~ M~$;Ef~~~
Regiona Attorney
=~
LYNETTE A. BARNES Supervisory Trial Attorney EEOC 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
For Defendant, THE GEHL CORPORATION d/b/a THE GEHL GROUP
DAVID RITTER CHAD MOELLER Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, Illinois 60606
LEIGH LEVINE Alston & Bird 1211 East Morehead Street P.O. Drawer 34009 Charlotte, N.C. 28234-4009
10

..'

RELEASE

In consideration of the payment to me by The Gehl Corporation d/b/a The Gehl Group, of

a total amount of

($

), and in consideration of the Consent

Decree agreed to by the Equal Employment Opportunity Commission and The Gehl Corporation

d/b/a The Gehl Group, in Civil Action No. 3:99CV274-MU, of which this release is a part, I, _

_____ (name), hereby fully and forever release and discharge The Gehl Corporation d/b/a

The Gehl Group, its successors and assigns, including its present and fonner directors, officers,

employees and agents, from any claims or obligations under Title VII of the Civil Rights Act of

1964, which Plaintiff raised or could have raised in Civil Action No. 3:99CV274-MU.

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

Signed: _ _ _ _ _ _ _ _ _ _ __ Dated:

Printed name:

State of North Carolina Countyof ____________________ Subscribed and sworn before me this _ day of _ _ _, 2001.

Notary Public My Commission Expires:_ _ _ _ __

PRINT your address (settlement check will be sent to this address):

Social security number: (You must provide your social security number or no money can be distributed to you)
Telephone number:
EXHIBIT A

, ,
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
THE GEHL CORPORATION d/b/a THE GEHL GROUP
Defendant

)

)

)

)

)

) CIVIL ACTION NO.

)

3:99CV274-MU

)

)

)

)

)

NOTICE TO EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered in the above-styled case. Federal law prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.

The Gehl Corporation d/b/a The Gehl Group ("The Gehl Group") supports and will comply with such federal law in all respects and will not discriminate against any applicant in hiring because oftheir sex (gender). Additionally, The Gehl Group will not take any action against employees because of their race, color, religion, sex, national origin, disability or age, or because they have exercised their rights under the law.

The Gehl Group has adopted an equal employment opportunity policy and will ensure that all management, supervisors, and other employees abide by the requirements of that policy, and that employees will not be discriminated against on the basis of sex (gender). The Gehl Group has taken, and will continue to take all actions required by the United States District Court, including the grant of monetary relief to aggrieved individuals, and the posting of this notice.

If you believe that you have been discriminated against based on your sex (gender), you should report the discriminatory conduct promptly to The Gehl Group, or to the U.S. Equal Employment Opportunity Commission.

This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.

=-DO~N,"""O;...:T-=RE-=M~O=-V.;...;:E=-T-=-H=I=S...N.....O.=-=T...I.C.=E~U""""N-=-TI=L:..:..:_ _ _ _ _ _ _ _ _, 2004.

Date

for The Gehl Corporation d/b/a The Gehl Group

EXIDBITB

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
THE GEHL CORPORATION d/b/a THE GEHL GROUP
Defendant.

)

)

)

)

)

) CIVIL ACTION NO.

)

3:99CV274-MU

)

)

)

)

)

JOINT MOTION FOR ENTRY OF A CONSENT DECREE AND ORDER OF DISMISSAL WITH PREJUDICE

Plaintiff, the Equal Employment Opportunity Commission ("Plaintiff') and Defendant, The Gehl

Corporation d/b/a The Gehl Group ("Defendant"), the parties to this action, jointly move this Court to

approve and enter the Consent Decree and Order ofDismissal with Prejudice filed herewith. In support

of this motion, the parties jointly represent to the Court as follows:

1. The parties are desirous of resolving this matter without the burden and expense of

further litigation.

2. The parties waive trial, briefs, arguments, findings of fact and conclusions oflaw.

3. The intent of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section

2000e, et ~., ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a, will be

effectuated by entry of the Consent Decree.

4. The Consent Decree is intended to, and does, resolve all issues in dispute between

Plaintiff and Defendant.

5. The parties further request that the Order of Dismissal with Prejudice filed herewith be

Exhibit C (page 1 of3)

entered concurrent with the signing ofthe Consent Decree. It is the intent of the parties to dismiss this
"
case with prejudice; however, the parties specifically agree that for a period ofthree (3) year from the
date of entry of the Consent Decree by the court, Plaintiff can initiate proceedings seeking judicial
enforcement of the Consent Decree.
WHEREFORE, Plaintiff and Defendant jointly request that the Court approve and enter the
Consent Decree filed herewith and enter the Order of Dismissal with Prejudice.
SUBMITTED this the _ _ day of _ _ _ _ _ _, 2001.
For Plaintiff,
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
LYNETTE A. BARNES Supervisory Trial Attorney EEOC 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
For Defendant, THE GEHL CORPORATION d/b/a THE GEHL GROUP
DAVID RITTER CHAD MOELLER Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, Illinois 60606
LEIGH LEVINE (Local counsel) Alston & Bird 1211 East Morehead Street P.O. Drawer 34009 Charlotte, N.C. 28234-4009
Exhibit C (page 2 of3)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
THE GEHL CORPORATION d/b/a THE GEHL GROUP
Defendant.

)

)

)

)

)

) CIVIL ACTION NO.

)

3:99CV274MMU

)

)

)

)

)

ORDER OF DISMISSAL WITH PREJUDICE

This matter is before the Court on the joint motion of Plaintiff and Defendant for entry of a

Consent Decree and Order of Dismissal with Prejudice.

The Court has jurisdiction over the parties and the subject matter of the action. The Court has

reviewed the terms of the proposed Consent Decree, and in light of the pleadings and applicable laws

and regulations, it has approved the Consent Decree as one which will promote and effectuate the

purposes of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, ~ seq., and

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

WHEREFORE, IT IS ORDERED that the Consent Decree is approved and shall be entered. It is

further ordered that this action is hereby dismissed with prejudice, reserving the right of the Plaintiff,

Equal Employment Opportunity Commission, to initiate proceedings seeking judicial enforcement of the

Consent Decree for a period of three (3) years from the date of entry of the Consent Decree by the Court. THIS _ _ day of _ _ _ _ _, 2001.

The Honorable Graham C. Mullen Chief United States District Judge Western District of North Carolina

Exhibit C (page 3 of3)

pab United States District Court
for the Western District of North Carolina
July 13, 2001
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:99-cv-00274
True and correct copies of the attached were mailed by the clerk to the following:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission 1801 "L" Street, N.W. Washington, DC 20507
Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507
Mindy E. Weinstein, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Rosemary J. Fox, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
W. Edward Singletary, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
David B. Ritter, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606

Angela Ortiz, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606
Leigh M. Levine, Esq. Alston & Bird, LLP Bank of America Plaza 101 S. Tryon St., Suite 4000 Charlotte, NC 28280-4000
Randall D. Grayson, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309-3424
Robert P. Riordan, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309-3424
Daniel W. Small, Esq. P.O. Box 1'90608 323 Union St., Suite 300 Nashville, TN 37219-0608

cc:

Judge

( )

Magistrate Judge

( )

U. S. Marshal

( )

Probation

( )

U.S. Attorney

( )

Atty. for Deft.

( )

Defendant

( )

Warden

( )

Bureau of Prisons

( )

Court Reporter

( )

Courtroom Deputy

( )

Orig-Security

( )

Bankruptcy Clerk's Ofc. ( )

Other

( )

Date:

Frank By:

 </s> RECEIVED
CHARLOTTE, N.C.
fEB 242000
IN THE UNITED STATES DISTRICT COURT
FOR i'J"GW,\\.l·ED§lsTt'E~lIRf1lIIAiRm'Ll'OtTRTIECDTIOVFISNIOONRTH CAROLINA

F I LED
CHARLOTTE, N.C.
I cB 2 & 2000

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
THE GEHL CORPORATION d/b/a THE GEHL GROUP,
Defendant.

) )

US DISTRICT COURT
.W. OISl. OF N.C.

)

)

)

) CIVIL ACTION NO.

)

3: 99CV'J4..MU

) )

;;7{

)

)

)

CONSENT PROTECTIVE ORDER

Pursuant to Rule 26(c) ofthe Federal Rules of Civil Procedure, upon motion by

Defendant, The Gehl Corporation d/b/a The Gehl Group ("Defendant"), with the consent of the

Plaintiff, Equal Employment Opportunity Commission, and it appearing that the discovery process

in this action may involve the production of information that Defendant may contend is

confidential andlor proprietary and that good cause exists for the entry of an Order limiting the

disclosure of such information;

IT IS THEREFORE ORDERED that:

I. "Confidential Information" as used herein means all financial records or other

proprietary information of Defendant, The Gehl Corporation d/b/a The Gehl Group, whether

documentary or otherwise, designated as "Contidential" and delivered, produced or disclosed by

Defendant in this action in response to an interrogatory, a request for production of documents, a

deposition question or otherwise. The designation of documents or information as "Confidential

Information" shall not be conclusive.

2. The use or disclosure of "Confidential Information" by any party shall be governed by the terms of this Protective Order, provided that the party producing or otherwise disclosing such documents or information designates such documents or information as "Confidential" at the time of production or disclosure or in accordance with the terms set out in paragraph 14 below.
3. Confidential Information, including copies or summaries thereof, shall be used only for the prosecution or defense of this action (including, but not limited to, any mediation, arbitration, or other settlement process, as well as appeals of this action) and shall not be used or employed for any other purpose whatsoever. Confidential Information shall not be disclosed or
made available to anyone except: a. the Court; b. the parties to this action and officers, directors or employees of the parties who are actively participating in the prosecution or defense of this action; c. counsel for the parties to this action and employees of said counsel; d. court reporters engaged to record depositions, hearings or trials in this action; e. experts or consultants specifically retained by the parties or their attorneys to assist them in the preparation of this case or to serve as expert witnesses at the trial of this action; and f. third-party witnesses or potential witnesses whom counsel reasonably deem necessary for the preparation and trial of this action.
4. Disclosure of Confidential Information pursuant to this Order shall be handled as
follows: a. Any person described in subparagraphs 3(a), (b), (c) and (d) of this Order is bound by the provisions of this Order without the necessity of executing a confidentiality agreement;

b. Before Confidential Information is disclosed to any person set forth in subparagraphs 3(e) and (f) of this Order, the party disclosing the information shall inform the person to whom the disclosure is to be made that Confidential Information shall be used for the purposes of the prosecution or defense of this action only, and shall obtain from the person to whom the disclosure is to be made a signed confidentiality agreement in the form attached hereto as Exhibit A;
c. As long as Confidential Infornlation is handled in accordance with this Order, this Order shall not be construed as prohibiting or restricting the use of Confidential Information during depositions, any hearing, the trial of this matter, or any appellate proceeding. Similarly, no party shall be deemed to have waived any objections as to the admissibility of any Confidential Information into evidence in cOl1l1ection with any proceeding in this action.
5. Any Confidential Information which is filed with the Court (in any form whatsoever) shall be filed in sealed envelopes or other appropriate sealed containers on which shall be endorsed the title in this action, an indication of the nature and contents thereof, the legend "Confidential" and a statement substantially in the following form:
This envelope is sealed pursuant to an order of the Court and contains confidential information. This envelope is not to be opened or the contents thereof to be displayed or revealed by any person other than the Court or the attorneys for the parties except by order of the Court or pursuant to stipulation ofthe parties to this action. The document or information shall not be placed in the Court file available to the general public unless otherwise agreed by the parties or otherwise ordered by the Court upon proper motion brought. 6. If Defendant desires to designate any portion of a deposition as Confidential

Information, Defendant shall notify the court reporter and opposing counsel of record within thirty (30) days after the deposition that it intends to designate certain portions ofthe deposition transcript as Confidential Information. Defendant shall have thirty (30) days after receipt of the transcript to designate portions of the transcript as Confidential Information and inform eounsel of record in writing of such designation.
7. All documents for which confidential status is claimed under this Order shall be stamped "Confidential" on each page of each such document, including each page of transcripts of depositions or other proceedings.
8. Nothing in this Order shall prevent the disclosure of Confidential Information beyond the terms of this Order if the party that produced the information consents in advance in writing.
9. This order shall not limit or in any way restrict the right of any person or entity to use, disseminate, dispose of, or otherwise benefit from documents or information obtained (i) other than through discovery in this action, or (ii) from any person or entity with authority to provide such documents or information independent of any confidentiality requirement imposed by this Order.
10. If any party hereto disagrees with the designation of any discovery materials as Confidential Information, counsel shall attempt to resolve the disagreement on an informal basis. If it is necessary to present the dispute to the Court for resolution, the material in question shall continue to be treated as confidential under the terms of this Order unless and until the Court issues a final ruling that the material is not of a confidential nature.

11. This Order is without prejudice to the right of any party to seek modification or amendment of the Order by motion to the Court, or to seek and obtain additional protection with respect to Cont1dential Information as such party may consider appropriate.
12. This Order shall remain in effect for the period of this litigation and subsequent to its termination so as to protect the confidentiality of the Confidential Information.
13. The execution of this Order shall not be construed as a waiver of the right of Defendant or Plaintiff to object to any discovery sought by the other party or as a waiver of any privilege.
14. The failure of Defendant to designate documents as "Cont1dential" at the time of production shall not be deemed a waiver of its right to later so designate, and is governed by the provisions set out below:
a. The provisions of this paragraph apply to financial and proprietary documents only. This paragraph does not apply to "information" disclosed in any manner, including in response to written discovery, deposition questions or otherwise. All "Cont1dential" designations of "information" must be made in accordance with the provisions of paragraph 2 (at the time of production for information other than depositions) and paragraph 6 (governing depositions) or Defendant waives its right to so designate.
b. Any designation made pursuant to this paragraph shall be considered a late designation, and documents identit1ed as "Cont1dential" pursuant to this paragraph shall be known as late designation confidential documents. All late designations shall be made in writing to Plaintiffs counsel, and shall be accompanied by copies of the late designation confidential documents marked "Confidential" in

accordance with paragraph 7 above; c. Plaintiff s use or disclosure of late designation confidential documents shall not
be governed by the terms of this order until such time as Plaintiff receives the late designation in the form set out in "subpart b" above; d. Late designation by Defendant shall not have retroactive effect. Any use or disclosure by Plaintiff (or any person or entity to whom Plaintiff has made a disclosure) made prior to the late designation shall not be governed by, or subject to, the terms of this Order. e. Upon receipt by Plaintiff of a late designation from Defendant, Plaintiff may only thereafter use and/or disclose the late designation confidential documents in accordance with the terms of this Order. 15. Ultimate disposition of materials and information protected by this Order is subject to a final order of the Court upon completion of litigation. However, in the absence of a final order of the Court addressing the disposition of Confidential Information, the parties agree to return to counsel of record producing such documents not later than sixty (60) days after the termination of this litigation, any and all documents in their possession or control containing information which is the subject of this Order, including without limitation, any copies or excerpts of such documents.
ani IT IS SO ORDERED .--- this day of_'---,.1,.-1~\O._r_Cf,_ I...../_ _, 2000.
i/bt.
The Honorable Graham C. Mullen Chief United States District Judge Western District of North Carolina

CONSENTED TO:
~~ Lynette A. Barnes Senior Trial Attorney Attorney for Plaintiff, Equal Employment Opportunity Commission
D~ aVl Itter
Chad Moeller Attorneys for Defendant, The Gehl Corporation d/b/a The Gehl Group

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

THE GEHL CORPORATION d/b/a THE

)

GEHLGROUP,

)

)

Defendant.

)

-----------------------)

CIVIL ACTION NO. 3:99CV74-MU

CONFIDENTIALITY AGREEMENT

I have read and am familiar with the terms ofthe Protective Order governing the disclosure of confidential information in the case of Equal Employment Opportunity Commission v. The Gehl Corporation d/b/a The Gehl Group, Civil Action No. 3:99-CV -74-MU, and I agree to abide by all the terms of said Order and not to reveal or otherwise communicate any of the information disclosed to me pursuant thereto to anyone except in accordance with the terms of said Order. I agree not to make use of any information or material obtained pursuant to that Order other than for purposes of this litigation.

I also agree to return to counsel of record, not later than thirty (30) days after the termination ofthis litigation, any and all documents in my possession containing Confidential Information which is the subject of said Order.
Name: ___________________________

Date:

EXHIBIT A

pab

United States Di

Court

for the

Western District of North Carolina

February 29, 2000

* * MAILING CERTIFICATE OF CLERK * *

Re: 3:99-cv-00074

True and correct copies of the attached were mailed by the clerk to the following:
Paul A. Kohut, Esq. P.O. Box 36469 Charlotte, NC 28205
Alicia AlmeIda Bowers, Esq. Johnston, Allison & Hord P. O. Box 36469 Charlotte, NC 28236
Robert C. Stephens, Esq. Horack, Talley, Pharr & Lowndes 2600 One First Union Center 301 South College St. Charlotte, NC 28202
David A. Lloyd, Esq. Horack, Talley, Pharr & Lowndes 2600 One First Union Center 301 South College St. Charlotte, NC 28202

cc: Judge
Magistrate Judge U.S. Marshal
Probation U.S. Attorney Atty. for Deft.
Defendant
Warden Bureau of Prisons
Court Reporter courtroom Deputy
Orig-Security Bankruptcy Clerk's Ofc. Other-----------------

Frank
By:

--.,
rk

pab United States District Court
for the Western District of North Carolina
March 7, 2000
l?rmlY
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:99-cv-00274
True and correct copies of the attached were mailed by the clerk to the following:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission 1801 "L" Street, N.W. Washington, DC 20507
Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507
Mindy E. weinstein, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Rosemary J. Fox, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
W. Edward Singletary, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
David B. Ritter, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, 1L 60606

Angela Ortiz, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, 1L 60606
Leigh M. Levine, Esq. Alston & Bird, LLP P. O. Drawer 34009 Charlotte, NC 28234-4009
Randall D. Grayson, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309 3424
Robert P. Riordan, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309 3424
Daniel W. Small, Esq. P. O. Box 190608 323 Union St., Suite 300 Nashville, TN 37219 0608
cc: Judge Magistrate Judge U.S. Marshal Probation U.S. Attorney Atty. for Deft. Defendant Warden Bureau of Prisons Court Reporter Courtroom Deputy Orig-security Bankruptcy Clerk's Ofc. Other________________
Date:

Frank By:

 </s> UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION 3:99CV274MU

P't.ED
CHAiiLOTTE, N. C.
MAR 22000

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

THE GEHL CORPORATION d/b/a )

THE GEHL GROUP,

)

Defendant.

)

)

U. S. DISTRICT COURT \V, DIST. OF N. C.
ORDER

This matter is before the Court upon motion of Movants Frank D. Stephens and Fireco

LLC ("Movants") objecting to subpoena duces tecum and requesting protective order, filed

February 28, 2000.

IT IS THEREFORE ORDERED that the Movants' request for protective order pending

resolution of this matter is hereby GRANTED. Upon receipt of this Order, the parties are

directed to confer telephonically regarding this matter to attempt resolution without further court

intervention. If such matter is not resolved after such telephone conference, the Defendant is

directed to respond to Movants' Motion within ten (10) days of the date of entry of this Order.

Finally, the Court will postpone its decision regarding whether to transfer this matter to the

"jt' United States District Court for the Middle District ofTennessee pending the outcome of the

~lophoo,

Md re~i~ ,fO,f,""""'" re,,,,,,,

This

day of March, 2000.

STATES
I; \
/1,

bsw United States District Court
for the Western District of North Carolina
March 3, 2000
* * MAILING CERTIFICATE OF CLERK * *
Re. 3.99~cv-00274
True and correct copies of the attached were mailed by the clerk to the following.
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission 1801 "L" Street, N.W. Washington, DC 20507
Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507
Mindy E. Weinstein, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Rosemary J. Fox, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
W. Edward Singletary, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202 2799
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
David B. Ritter, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606

Angela Ortiz, Esq. Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606
Leigh M. Levine, Esq. Alston & Bird, LLP P. O. Drawer 34009 Charlotte, NC 28234-4009
Randall D. Grayson, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 303093424
Robert P. Riordan, Esq. Alston & Bird 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309-3424

cc:

Judge

Magistrate Judge

U.S. Marshal

Probation

U. S. Attorney

Atty. for Deft.

Defendant

Warden

Bureau of Prisons

Court Reporter

Courtroom Deputy

Orig Security

(

Bankr~Cy Clerk's Ofe, ( )

Other~'7

If'

I
r

,,).:27edsf'j,(><!

,..
Date:..5 ;:; C (\

" Fra~ G. Johns, Clerk
By :f)j ;(jt~..A-/(,- a...~
Deputy Clerk

 </s> CM/ECF - LIVE DATABASE - NCWD - Docket Report

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U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:99-cv-00274

CLOSED

EEOC v. GEHL Corporation Assigned to: Graham Mullen Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
1 of 6

Date Filed: 06/30/1999 Date Terminated: 07/13/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Gregory Stewart Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Young Reams Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein Equal Employment Opportunity Commission Charlotte District Office
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V. Defendant The GEHL Corporation doing business as GEHL Group
2 of 6

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129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosemary J. Fox Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
W. Edward Singletary Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Angela Ortiz Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606 312/715-4000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David B. Ritter Altheimer & Gray 10 S. Wacker Suite 3600 Chicago, IL 60606 312/715-4000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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CM/ECF - LIVE DATABASE - NCWD - Docket Report

Movant Frank D. Stephens

Movant
Fierco LLC

Date Filed

#

3 of 6

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?446744884719848-L_...
Leigh M. Levine Alston & Bird, LLP Bank of America Plaza 101 South Tryon Street Suite 4000 Charlotte, NC 28280-4000 704/ 444-1148 Fax: 704/ 444-1111 Email: llevine@alston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall D. Grayson Alston & Bird, LLP 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309-3424 404/881-7000 Fax: 881-7777 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert P. Riordan Alston & Bird, LLP 1201 W. Peachtree St. One Atlantic Center Atlanta, GA 30309-3424 404/881-7000 Fax: 881-7777 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel W. Small P. O. Box 190608 323 Union St., Suite 300 Nashville, TN 37219-0608 615/252-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel W. Small (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text
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06/30/1999 06/30/1999 07/06/1999 08/18/1999 08/18/1999
08/18/1999 08/18/1999 08/27/1999
09/01/1999 09/09/1999
09/10/1999 09/13/1999
09/24/1999 10/04/1999
10/07/1999 10/07/1999 10/14/1999

1 COMPLAINT (clc) (Entered: 07/06/1999)
SUMMONS(ES) issued for GEHL Corporation (clc) (Entered: 07/06/1999)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Consent (clc) (Entered: 07/08/1999)
3 MOTION by GEHL Corporation for Robert P. Riordan, Randall D. Grayson, David B. Ritter to Appear Pro Hac Vice (clc) (Entered: 08/23/1999)
4 AFFIDAVIT of Robert Riordan, Randall Grayson, David Ritter & Angela Ortiz filed by GEHL Corporation re: [3-1] motion for Robert P. Riordan, D. Grayson, David B. Ritter to Appear Pro Hac Vice (clc) (Entered: 08/23/1999)
5 ANSWER to Complaint by GEHL Corporation (Attorney Leigh M. Levine, Angela Ortiz), (clc) (Entered: 08/23/1999)
PHV Admission Filing Fee Paid for Ortiz, Riordan, Grayson & Ritter; FILING FEE $ 300.00 RECEIPT # 10593 (clc) (Entered: 09/21/1999)
6 ORDER granting [3-1] motion for Robert P. Riordan, Randall D. Grayson, David B. Ritter to Appear Pro Hac Vice, and for attorney admission fee in amt of 75.00 ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 8/30/99] (clc) (Entered: 08/30/1999)
7 MOTION by GEHL Corporation for Angela Ortiz to Appear Pro Hac Vice (clc) (Entered: 09/08/1999)
8 ORDER granting [7-1] motion for Angela Ortiz to Appear Pro Hac Vice, and for attorney admission fee in amt of 75.00 ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 9/13/99] (clc) (Entered: 09/13/1999)
9 JOINT MOTION by EEOC, GEHL Corporation to Extend Time an additional 14 days to file cert IAC (clc) (Entered: 09/13/1999)
10 ORDER granting [9-1] joint motion to Extend Time an additional 14 days to file cert IAC, and Certificate of Atty Conf Due:Certificate of IAC deadline reset to 9/24/99 ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 9/21/99] (clc) (Entered: 09/21/1999)
11 STATUS REPORT by EEOC, GEHL Corporation (clc) (Entered: 09/27/1999)
12 ORDER, set for IPC at 11:30 10/18/99 before Magistrate Judge H. B. McKnight ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 10/4/99] (former emp) (Entered: 10/04/1999)
13 CONSENT/REFUSAL to Magistrate Jurisdiction by GEHL Corporation - refusal (former emp) (Entered: 10/08/1999)
CASE reassigned to Judge Graham C. Mullen (former emp) (Entered: 10/08/1999)
14 ORDER, terminated deadlines IPC before Mag. McKnight ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 10/21/99] (former emp) (Entered: 10/21/1999)

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10/26/1999 10/28/1999 12/08/1999 01/27/2000 02/01/2000 02/24/2000 02/24/2000 02/28/2000 02/28/2000 03/02/2000 03/14/2000 03/14/2000 04/07/2000 04/12/2000
07/13/2001 07/13/2001

15 ORDER, set for IPC at 10:00 11/9/99 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/27/99] (former emp) (Entered: 10/27/1999)
16 ORDER, set for IPC at 10:00 11/16/99 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/29/99] (former emp) (Entered: 10/29/1999)
17 INITIAL PRETRIAL ORDER Discovery deadline 4/00, motions ddl 5/00, Jury Trial set for 9:30 9/5/00 ( signed by Judge Graham C. Mullen ) (former emp) (Entered: 12/10/1999)
18 MOTION by GEHL Corporation to Extend Time for discovery until 5/31/00 referred to: Judge Graham C. Mullen (former emp) (Entered: 02/03/2000)
19 ORDER granting [18-1] motion to Extend Time for discovery until 5/31/00 ( signed by Judge Graham C. Mullen ) [EOD DATE: 2/3/00] (former emp) (Entered: 02/03/2000)
20 MOTION by GEHL Corporation for Protective Order referred to: Judge Graham C. Mullen (former emp) (Entered: 02/28/2000)
21 Document was deleted as it was docketed in error; pleading number 21 does not exist in this file. (jlk) Modified on 03/14/2002 (Entered: 03/14/2002)
22 MOTION by Frank D. Stephens, Fierco for Protective Order re: subp d/t (dcap) (Entered: 03/03/2000)
24 Consent ORDER granting [20-1] motion for Protective Order ( signed by Judge Graham C. Mullen ) [EOD DATE: 3/7/00] (former emp) (Entered: 03/07/2000)
23 ORDER granting [22-1] motion for Protective Order re: subp d/t ( signed by Judge Graham C. Mullen ) [EOD DATE: 3/3/00] (dcap) (Entered: 03/03/2000)
25 MOTION by GEHL Corporation to Compel Fireco's Production of documents referred to: Judge Graham C. Mullen (former emp) (Entered: 03/20/2000)
26 MEMORANDUM by GEHL Corporation in support of [25-1] motion to Compel Fireco's Production of documents by GEHL Corporation and resp to Fireco's objection to Subpoena Duces Tecum (former emp) (Entered: 03/20/2000)
27 JOINT MOTION by EEOC, GEHL Corporation to Stay (former emp) (Entered: 04/12/2000)
28 ORDER granting [27-1] joint motion to Stay action pending notification that the matter has settled or that settlement negotiations have terminated w/o settlement being reached ( signed by Judge Graham C. Mullen ) [EOD DATE: 4/14/00] (former emp) (Entered: 04/14/2000)
29 JOINT MOTION by EEOC, GEHL Corp for entry of a consent decree and order of dismissal w/prejudice (former emp) (Entered: 07/13/2001)
30 Consent Decree dismissing action; Court to retain jurisdiction for purposes of monitoring compliance; term of decree is for a period of three years ( signed by Judge Graham C. Mullen ) [EOD DATE: 7/16/01] (former emp) (Entered: 07/16/2001)

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07/13/2001 07/13/2001

31 ORDER granting [29-1] joint motion for entry of a consent decree and order of dismissal w/prejudice ( signed by Judge Graham C. Mullen ) [EOD DATE: 7/16/01] (former emp) (Entered: 07/16/2001)
Case closed (former emp) (Entered: 07/16/2001)

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[CONTENT] June 1999 | EEOC | Washington D.C. | the U.S. District Court | the Western District | North Carolina | The GEHL Corporation | GEHL Group | Title VII of the Civil Rights Act | 1964 ||| EEOC ||| April 2000 ||| July 2001 ||| the United States |||  ||| 70,000 [SUMMARY] In June 1999, the EEOC's Washington D.C. office filed this suit in the U.S. District Court for the Western District of North Carolina against The GEHL Corporation d/b/a GEHL Group alleging violations of Title VII of the Civil Rights Act of 1964.  Specifically, the EEOC alleged that defendant had refused to hire females for telemarketing sales positions.  After a little bit of discovery, in April 2000, the parties moved for, and were granted, a stay of the action pending settlement negotiations.  Then, in July 2001, they returned with a consent decree that was adopted by the court.  The decree noted that the defendant no longer did business in the United States or abroad.  As a result, various injunctive measures in the consent decree were conditioned on the defendant resuming business operations.  However, the decree ordered a plan whereby the defendant would pay out $70,000 to the charging party and a class of similarly situated former female applicants for employment.

