UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MOUNT CARMEL, LLC Defendant.

)

)

)

)

)

)

)

Civil Action No.

)

)

COMPLAINT

)

)

Jury Trial Demand

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a to

correct unlawful employment practices based on retaliation and to make whole Suzanne Whitty

(“Whitty”), who has been aggrieved by those unlawful employment practices. Mount Carmel,

LLC (“Mount Carmel”) discriminated against Whitty when it terminated her employment as an

Administrative Assistant, in retaliation for her opposition to sexual harassment and her

participation in an investigation of sexual harassment claims.

JURISDICTION AND VENUE

1. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

and 1345. This action is authorized and instituted pursuant to Section 706 (f) (1) and (3) of Title

VII, 42 U.S.C. § 2000e-5 (f) (1) and (3), and Section 102 of the Civil Rights Act of 1991,

42 U.S.C. § 1981a.

2. The employment practices hereafter alleged to be unlawful were committed

within the jurisdiction of the Eastern District of Wisconsin.

Case 2:03-cv-00898-AEG Filed 09/15/03 Page 1 of 4 Document 1

PARTIES 3. Plaintiff Equal Employment Opportunity Commission (“EEOC” or “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) of Title VII, 42 U.S.C. § 2000e-5 (f) (1). 4. At all relevant times, Defendant Mount Carmel, has been a Wisconsin Limited Liability Corporation, located in Greenfield, Wisconsin, and has been continuously engaged in the business of providing Nursing Home care, and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Whitty filed a Charge of Discrimination with the Commission alleging that Defendant terminated her in retaliation for opposition to sexual harassment. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May 1999 and continuing, Defendant has engaged in unlawful employment practices, in violation of Section 704(a) of Title VII, 42 U.S..C. §2000e-3(a). These practices include, but are not limited to retaliating against Whitty, an administrative assistant, after she took part in an investigation of a management official for sexual harassment which resulted in her termination for opposing sexual harassment and participating in an internal investigation of
2
Case 2:03-cv-00898-AEG Filed 09/15/03 Page 2 of 4 Document 1

charges of sexual harassment. 8. The effect of the practice complained of above has been to deprive Whitty of equal employment opportunities in violation of Sections 704(a) of Title VII, 42 U. S. C. § 2000e-3. 9. The unlawful employment practice complained of above in Paragraphs 7 was intentional. 10. The unlawful employment practice complained of above in Paragraphs 7 was done with malice and/or reckless indifference to the federally protected rights of Whitty.
Prayer for Relief WHEREFORE, the Commission respectfully prays that this Court: 1. Grant a permanent injunction enjoining Mount Carmel, LLC its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which constitutes discrimination and retaliation against employees for activity protected by Title VII; 2. Order Defendant to institute and carry out policies, practices, and programs which eradicate the effects of its past and present unlawful employment practice; 3. Order Defendant to make whole Suzanne Whitty by providing appropriate back pay plus prejudgment interest, in amounts to be determine at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, rightful place reinstatement; 4. Order Defendant to make whole Suzanne Whitty by providing compensation for non-pecuniary losses, including emotional pain and suffering; 5. Order Defendant to pay Suzanne Whitty punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial;
3
Case 2:03-cv-00898-AEG Filed 09/15/03 Page 3 of 4 Document 1

6. Grant such further relief as the Court deems necessary and proper; and
7. Grant the Commission its costs in this action.
JURY TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by its complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel 1801 L Street NW Washington, D.C. 20507

Dated: September 15, 2003

Jean P. Kamp Regional Attorney
Robert F. Tomlinson Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-3465

4 Case 2:03-cv-00898-AEG Filed 09/15/03 Page 4 of 4 Document 1

 </s> U.S. DIST. CO~~~~AST DIST. WISC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

OCT - 7 2004

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

)

SUZANNE WHITTY,

)

Plaintiff-Intervenor, )

v.

)

)

MOUNT CARMEL, LLC, and

)

BENEDICTINE HEALTH SYSTEM, et al.,

)

)

Defendants.

)

_____________________________))

AT..::::;;;:qo·~CL~O~C~K;;:;;:;:='-- ~·i SOFRON B. NEDILSI<Y
Civil Action No. 03-C-0898

CONSENT DECREE AND ORDER This suit was filed by the Equal Employment Opportunity Commission ("Commission") on September 15, 2003, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), Title I ofthe Civil Rights Act of 1991, and 42 U.S.C. § 1981a. The Commission alleged that Mount Carmel, LLC, discriminated against Suzanne Whitty when it terminated her employment as an Assistant Administrator, in retaliation for her opposition to an unlawful employment practice, specifically sexual harassment. The Commission, Plaintiff-Intervenor, and all defendants, (the "parties") have agreed to resolve this matter pursuant to this Consent Decree, without continuing to trial on the merits of the Commission's and Plaintiff-Intervenor's claims. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is

Case 2:03-cv-00898-AEG Filed 10/07/04 Page 1 of 8 Document 40

ORDERED, ADJUDGED, AND DECREED THAT: 1. This Court has jurisdiction over the subject matter of this action and over the parties for
purposes of entering and enforcing this Decree. 2. The terms of this Decree are adequate, fair, reasonable, equitable and just. 3. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation
of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 198la and will be in the best interests of the parties, those for whom EEOC seeks relief, and the public. 4. This case was resolved by a mutually-agreeable settlement, to avoid the time, cost, and uncertainty associated with further contesting this matter. Defendants and their agents and employees do not admit to any wrongdoing. 5. This Decree resolves all claims against all defendants arising out of the Charge of Discrimination filed by Suzanne Whitty, EEOC Charge No. 260-A2-00820, the Commission's amended complaint, and Ms. Whitty's amended complaint.
INJUNCTIVE RELIEF I. Injunction.
Mount Carmel, LLC, its officers, agents, employees, successors, and all persons in active concert or participation with it shall be and are hereby enjoined from engaging in any employment practice that violates Title VII, Title I of the Civil Rights Act of 1991, or 42 U.S.C. § 1981 a, for two years.
2
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 2 of 8 Document 40

2. Training. Mount Carmel, LLC, shall provide training in regard to Title VII, Title I ofthe Civil
Rights Act of 1991, and 42 U.S.C.§ 1981a to all of its management and supervisory employees once per year for the next two years from the date of entry of this Consent Decree and Order, and shall annually provide the EEOC's Milwaukee District Office with a list ofthose trained and the date and description of the training provided, and shall include training on sexual harassment and retaliation. 3. Posting.
Mount Carmel, LLC, shall place a public notice, in a conspicuous place, at its offices, for a period of two years from the date of entry of this Consent Decree and Order. The notice shall be in the form attached hereto as Exhibit A and captioned "Notice To All Employees." Mount Carmel, LLC, shall annually provide the Commission's Milwaukee District Office with proof of compliance with this provision. 4. Dissemination of Policy Statement
Mount Carmel, LLC, agrees to issue and disseminate a statement to all its employees, in the form attached as Exhibit B (or in such other form as it may choose, with the consent of the Commission), affirming its obligation to comply with Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S. C. § 1981a, and affirming that it is the responsibility of all of Mount Carmel, LLC's employees to comply with Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981a within 30 days of execution of this Consent Decree. Once each year for the next two years, Mount Carmel, LLC, shall re-issue the policy statement, to all of its human resources staff, recruiting department personnel, and all others with day-to-day EEO responsibility.
3
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 3 of 8 Document 40

5. Certification to Commission. Upon each annual compliance with the foregoing provision of this Consent Decree,
Mount Carmel, LLC, shall promptly certifY to the undersigned counsel for the Commission that Mount Carmel, LLC, has complied with it. 6. References to Ms. Whitty by Defendant
Mount Carmel, LLC, further agrees to prohibit any dissemination, directly or indirectly, to any other employer or potential employer of any facts or circumstances surrounding Ms. Whitty's charge ofdiscrimination or the events relating to the charge or this lawsuit. 7. Reporting
For two years from the entry of this Consent Decree and Order, Mount Carmel, LLC, shall report in writing, to the undersigned counsel for the Commission (on a semiannual basis every June 30 and December 31 starting with December 31, 2004), the name, address, phone number, job title, of each employee or applicant for employment, and for all individuals who are terminated, disciplined, or promoted. Mount Carmel, LLC, shall also maintain such documents for the two-year term ofthis Decree, and shall make such documents available for inspection by the Commission pursuant to Paragraph 8 herein. Upon the termination ofthis Decree, Mount Carmel, LLC, shall retain documents pursuant to 29 C.F.R. §1602.14. 8. Right of Entry for Inspection
For two years from entry of this Consent Decree and Order, the Commission shall have the right, on 10 days written notice to Mount Carmel, LLC, to enter upon Mount Carmel, LLC's offices and inspect any relevant documents or records for the purpose of determining Mount Carmel, LLC's compliance with this Consent Decree and Order.
4
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 4 of 8 Document 40

MONETARY RELIEF Mount Carmel, LLC, agrees, within 15 days of signature of this Consent Decree and
Order by the Court, to pay Ms. Whitty $27,500.00 for alleged past and future lost payroll income, less appropriate deductions, and Mount Carmel, LLC, shall pay its own share of all applicable withholdings, which shall not reduce the award. Mount Carmel, LLC, further agrees to pay Ms. Whitty $150,000.00 for all other forms of alleged damages, including emotional distress and reputation damages, and to pay her attorney, Walter F. Kelly, $80,000.00 for plaintiffintervenor's reasonable attorney's fees, costs, and other litigation expenses. Mount Carmel, LLC, shall mail the payments to Ms. Whitty and Mr. Kelly's firm c/o Attorney Walter F. Kelly, Walter F. Kelly, S.C., Broadway Theatre Center, !58 North Broadway, Suite 600, Milwaukee, Wisconsin 53202, and shall simultaneously provide a copy of the payment check(s) to the undersigned counsel for the Commission.

~day t21d!!t J SO ORDERED, ADJUDGED AND DECREED this

of

2004 .

.11 ~::; ~ ttrM~ TlvJ a.et f'lnd'~ ...nm.!<\, IN- det>ttd cp 71'1(){)t

Kamp
z7~1J:L~
Robert F. Tomlinson Senior Trial Attorney

J-.Ja -o 'I
Date
'1- 3Cl -o<-/
Date
5

Case 2:03-cv-00898-AEG Filed 10/07/04 Page 5 of 8 Document 40

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
310 West Wisconsin Avenue, Suite 800 Milwaukee, Wisconsin 53202
Walter F. Kelly Attorney for Suzanne Whitty PLAINTIFF-INTERVENOR

Io,1-: tJlf
Date

/6-/- tJf

Date

I

6 Case 2:03-cv-00898-AEG Filed 10/07/04 Page 6 of 8 Document 40

Exhibit A NOTICE TO ALL EMPLOYEES This notice is being posted by order of the Court in a lawsuit brought against Mount Carmel, LLC by the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC alleged that the Mount Carmel, LLC., violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. § 2000e et seg. ("Title VII"), Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981 a, by terminating Suzanne Whitty in retaliation for opposing an unlawful employment practice, and for participating in an investigation of an unlawful employment practice. This case was resolved by a mutually-agreeable settlement, to avoid the time, cost, and uncertainty associated with further contesting this matter. Mount Carmel, LLC, its agents and employees do not admit to any wrongdoing. Mount Carmel, LLC, has further agreed not to discriminate against any employee for opposing an unlawful employment practice or for participating in an investigation of an unlawful employment practice. Should you have any complaints of discrimination for opposing an unlawful employment practice or for participating in an investigation of an
unlawful employment practice, contact [Human ResourcesJ, or the local EEOC
office in Milwaukee. EEOC charges no fee for its services, and has employees who speak languages other than English. EEOC's offices are accessible to individuals with disabilities.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
7
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 7 of 8 Document 40

Exhibit B [Mount Cannel, LLC Letterhead] Mount Cannel, LLC, believes in hiring, placing, and promoting individuals on the basis of qualifications and merit. It is Mount Cannel, LLC's policy that all employment practices, including recruiting, hiring, promotion, layoff, recall from layoff, training, compensation, benefits, and other terms, privileges and conditions of employment, be free from discrimination of any kind, including discrimination for opposing an unlawful employment practice or for participating in an investigation of an unlawful employment practice. Mount Cannel, LLC, believes in full compliance with fair employment laws. It is the responsibility of all Mount Cannel, LLC's, employees to comply with this policy in fact and in spirit.
Dated:~-~--~--
Executive Administrator
8 Case 2:03-cv-00898-AEG Filed 10/07/04 Page 8 of 8 Document 40

 </s> 'I

UNITED STATES DISTRICT COlfRf

' - ':il

EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff, and
SUZANNE T. WHITTY,
Plaintiff-Intervenor, vs.
MOUNT CARMEL, LLC,
BENEDICTINE HEALTH SYSTEM, INC.,
RICHARD J. RAU, and
JOHN DOE,

'04 FE8 12 P3 :26
' .',:
Civil Case No. 03-C-0898 PLAINTIFF-INTERVENOR'S COMPLAINT Jury Trial Demand

Defendants.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights act of !964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981 a to correct unlawful employment practices based on retaliation and to make whole Suzanne Whitty ("Whitty"), who has been aggrieved by those unlawful employment practices. Mount Carmel, LLC ("Mount Carmel") and Benedictine Health Services, Inc. ("Benedictine") discriminated against Whitty when they terminated her employment as an assistant administrator and caused her to lose further employment opportunities in retaliation for her opposition to sexual harassment and her participation in an investigation of sexual harassment claims. This is also an action in accordance with

I Case 2:03-cv-00898-AEG Filed 02/12/04 Page 1 of 6 Document 30

common law to redress unjustifiable interferences with Whitty's employment and career that occurred on account of Whitty's performance of her duties. Richard J. Rau ("Rau") and John Doe ("Doe") intentionally interfered in Whitty's employment and career without justification and outside the scope of their duties, and their interferences were ratified by Mount Carmel and Benedictine.
JURISDICTION AND VENUE 1. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1345, and 1367. This action is authorized and instituted pursuant to Section 706 (f) (1) and (3) ofTitle VII, 42 U.S.C. § 2000e-5 (f) (1) and (3), Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a, and the common law of Wisconsin and/or Minnesota. 2. The employment practices hereafter alleged to be unlawful were committed within the jurisdiction of the Eastern District of Wisconsin.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission ("EEOC") or "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) ofTitle VII, 42 U.S.C. § 2000e-5 (f) (1). 4. Plaintiff-Intervenor Suzanne Whitty is a citizen and resident of Wisconsin and of the United States, who resides at 1245 Riverton Drive, City of Mukwonago, State of Wisconsin. 5. At all relevant times Mount Carmel has been a Wisconsin limited liability corporation located in Greenfield, Wisconsin, and has been continuously engaged in the
2 Case 2:03-cv-00898-AEG Filed 02/12/04 Page 2 of 6 Document 30

business of providing nursing home care, and has continuously had and does now have at least fifteen (15) employees.
6. At all relevant times Benedictine has been a Minnesota corporation located in Duluth, Minnesota, and has been continuously engaged in the business of providing health care and nursing home care, and has continuously had and does now have at least fifteen (15) employees.
7. At all relevant times Mount Carmel and Benedictine have continuously been and are now employers engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) ofTitle VII, 42 U.S.C. § 2000e(b ), (g) and (h).
8. Rau is a citizen of Wisconsin and of the United States who resides in Milwaukee, Wisconsin but whose residential address is presently unknown; his work address is 5700 N. Layton Ave., Greenfield, Wl53220.
9. Doe is a citizen of Wisconsin and of the United States whose address in Wisconsin is presently unknown. Whitty believes that Doe can be identified by discovery in this proceeding.
STATEMENT OF CLAIMS 10. More than thirty (30) days prior to the institution of this lawsuit, Whitty filed a charge of discrimination with the Commission alleging that Mount Carmel and Benedictine terminated her in retaliation for participating in an investigation of and opposing sexual harassment by Rau. All conditions precedent to the institution of this lawsuit have been fulfilled. Whitty hereby repleads and incorporates by reference into this compliant the allegations of the EEOC complaint filed in this action on September 15, 2003.
3 Case 2:03-cv-00898-AEG Filed 02/12/04 Page 3 of 6 Document 30

11. Since at least May 1999 and continuing, defendants have engaged in unlawful employment practices, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e3(a). These practices include, but are not limited to, retaliating against Whitty, an assistant administrator, after she took part in investigations of management official Rau for sexual harassment which resulted in her termination for opposing sexual harassment and participating in an internal investigation of charges of sexual harassment. In addition, regarding her termination, Rau and Doe interfered with Whitty's employment with Mount Carmel for personal reasons outside the scope of their official duties and without justification.
12. Following Whitty's termination Rau and Doe interfered with her future employment opportunities, and particularly with her prospective employment at Linden Grove Nursing Home in Waukesha, Wisconsin in retaliation for her participation in and opposition to Rau's sexual harassment of Mount Carmel employees. Rau and Doe interfered with Whitty's future employment opportunities for personal reasons, outside the scope of their official duties, and without justification.
13. Mount Carmel and Benedictine ratified the interferences into Whitty's employment and joined in and/or ratified the interferences into Whitty's future employment and career by Rau and Doe.
14. The effect of the practices complained of above has been to deprive Whitty of her career, employment and equal employment opportunities in violation of Sections 704(a) of Title VII, 42 U.S.C. § 2000e-3 and of the common law of Wisconsin and/or Minnesota.
4 Case 2:03-cv-00898-AEG Filed 02/12/04 Page 4 of 6 Document 30

15. The employment practices complained of above in paragraphs 11-13 were intentional.
16. The employment practices complained of above in paragraphs 11-13 were done with malice and/or reckless indifference to the federally and state protected rights of Whitty.
PRAYER FOR RELIEF WHEREFORE, Whitty respectfully requests that this Court: 1. Grant a permanent injunction enjoining Mount Carmel and Benedictine and their officers, successors, assigns, and all persons in active concert or participation with them from engaging in any employment practices which constitute discrimination and retaliation against employees for activity protected by Title VII; 2. Order defendants Mount Carmel and Benedictine to institute and carry out policies, practices, and programs which eradicate the effects of their past and present unlawful employment practices; 3. Order Mount Carmel and Benedictine to make Whitty whole by providing back pay plus 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 rightful place reinstatement and/or front pay, in the alternative to reinstatement; 4. Order defendants to compensate Whitty by providing compensation for her past, present and future losses, including career economic losses, emotional pain and suffering and reputational harm;
5 Case 2:03-cv-00898-AEG Filed 02/12/04 Page 5 of 6 Document 30

5. Order each defendant to pay Whitty punitive damages for its or his particular malicious and/or reckless conduct, in amounts to be determined particularly to each defendant at trial;
6. Order defendants to pay reasonable costs, including reasonable attorneys' fees;
7. Order such other and further relief as the Court may deem necessary and proper.
JURY TRIAL DEMAND Whitty requests a jury trial on all questions of fact raised by her complaint.

Date: February II, 2004

Walter F. Kelly
Walter F. Kelly, S.C. !58 North Broadway, Suite 600 Milwaukee, WI 532092 State Bar No. 1012283 Phone: (414) 271-6989

6 Case 2:03-cv-00898-AEG Filed 02/12/04 Page 6 of 6 Document 30

 </s> Case: 2:03-cv-898 As of: 04/17/2010 09:10 PM CDT 1 of 5
CLOSED, CONSENT, E−FILE
United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:03−cv−00898−AEG

Equal Employment Opportunity Commission v. Mount Carmel LLC Assigned to: Magistrate Judge Aaron E Goodstein Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 09/15/2003 Date Terminated: 10/07/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Eric S Dreiband United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW − Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW − Rm 6040 Washington, DC 20507 202−663−4669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW − Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp United States Equal Employment Opportunity Commission Chicago District Office 500 W Madison St − Ste 2000 Chicago, IL 60661 312−353−7719 Fax: 312−353−8555 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert F Tomlinson United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave − Ste 800 Milwaukee, WI 53203−2292 414−297−3465 Fax: 414−297−3146 Email: robert.tomlinson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:03-cv-898 As of: 04/17/2010 09:10 PM CDT 2 of 5

V. Defendant Mount Carmel LLC
Defendant John Doe TERMINATED: 07/01/2004 Defendant Richard J Rau
Defendant Benedictine Health System Inc
Defendant Richard Daehn
Intervenor Plaintiff Suzanne Whitty

represented by Joseph J Roby , Jr Johnson Killen &Seiler 800 Wells Fargo Center 230 W Superior St Duluth, MN 55802 218−722−6331 Fax: 218−722−3031 Email: jroby@duluthlaw.com ATTORNEY TO BE NOTICED
represented by Joseph J Roby , Jr (See above for address) ATTORNEY TO BE NOTICED
represented by Joseph J Roby , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph J Roby , Jr (See above for address) ATTORNEY TO BE NOTICED
represented by Walter F Kelly Walter F Kelly SC 700 W Michigan St − Ste 400 Milwaukee, WI 53233−2415 414−271−6989 Fax: 414−271−1511 Email: attywfkelly@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/15/2003
09/18/2003 09/29/2003 09/30/2003 10/01/2003

# Docket Text
1 COMPLAINT with jury demand; Consent Forms Distributed for Magistrate Judge Goodstein. Notice of designation for electronic filing distributed.(vlh, ) PDF disk received from filer on 9/18/2003 (vlh, ).
2 Docket Annotation − Letter mailed to attorney Robert F. Tomlinson regarding signature format. (vlh, )
3 CONSENT to Jurisdiction by US Magistrate Judge by Defendant Mount Carmel LLC (kmm, ) (Entered: 09/30/2003)
4 CERTIFICATE of Interest by Defendant Mount Carmel LLC (Roby, Joseph)
5 CERTIFICATE OF SERVICE by Defendant Mount Carmel LLC (Amended) (Roby, Joseph)

Case: 2:03-cv-898 As of: 04/17/2010 09:10 PM CDT 3 of 5

10/27/2003 10/27/2003 10/27/2003 10/27/2003 11/04/2003
11/13/2003
11/14/2003 12/01/2003
12/05/2003
12/05/2003
12/08/2003 12/19/2003 12/19/2003 12/19/2003
12/30/2003
12/30/2003 01/13/2004
01/15/2004 01/15/2004 01/15/2004 01/16/2004

6 ANSWER to Complaint by Mount Carmel LLC.(Roby, Joseph)
7 MOTION for Partial Summary Judgment by Defendant Mount Carmel LLC. (Roby, Joseph)
8 BRIEF in Support re 7 MOTION for Partial Summary Judgment and Proposed Findings of Fact filed by Defendant Mount Carmel LLC. (Roby, Joseph)
9 DECLARATION of Richard J. Rau (Roby, Joseph)
10 ORDER (JPS) Order entered on 11−4−03 that parties must confer within 21 days of this order and on or before December 12, 2003, file with the court a joint report along with a proposed scheduling order for the court's signature. (cc: all counsel)(Blackburn, Pat)
11 CONSENT to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission (cms, ) Additional attachment(s) added on 11/21/2003 (vlh, ). (Entered: 11/14/2003)
12 Docket Annotation, mailed a copy to Mr. Tomlinson re: a disk in PDF format for the consent form filed. (cms, )
13 ORDER REASSIGNING CASE ON CONSENT. Case reassigned to Magistrate Judge Aaron E Goodstein for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(Blackburn, Pat)
14 STIPULATION AND ORDER by Judge Aaron E Goodstein that complainant−intervener Suzanne Whitty may intervene in this action; Suzanne Whitty rep by Walter F Kelly added (cc: all counsel)(vkb) (Entered: 12/08/2003)
15 STIPULATION AND ORDER by Judge Aaron E Goodstein; IT IS ORDERED that the parties plaintiff and intervener shall respond to defendt's Motion for Partial Summary Judgment on or before 12/15/03; and defendant shall reply to their responses on or before 12/29/03 (cc: all counsel)(vkb) (Entered: 12/08/2003)
16 LETTER from clerk to intervening plaintiff requesting return of the consent to magistrate no later than 12/19/03 (vkb)
17 CONSENT to Jurisdiction by US Magistrate Judge by intervening plaintiff Suzanne Whitty (kmm)Document scanned on 12/22/2003 and text modified (vkb)
18 REQUEST by Attorney Kelly to continue paper filing in this case rather than electronically filing.(kmm) Document scanned on 12/22/2003 (vkb)
MARGIN ORDER permitting Attorney Walter F. Kelly to continue paper filing. For the reasons stated, Attorney Kelly is given permission to file documents conventionally. All other parties shall provide Kelly with pleadings or other documents conventionally according to the Rules of Civil Procedure.Signed by Judge Aaron E Goodstein on 12/19/03. (cc: all counsel)(Goodstein, Aaron)
19 NOTICE of Hearing: (cc: all counsel)Telephone Scheduling Conference set for 1/28/2004 at8:30 AM before Magistrate Judge Aaron E Goodstein; Rule 26(f) report to be filed no later than 1/12/04(vkb)
Copy of Notice of Hearing 19 sent via U.S. Mail to Atty. Walter Kelly (vkb)
20 JOINT REPORT of Rule 26(f) Plan and Proposed Scheduling Order by Equal Employment Opportunity Commission, Mount Carmel LLC (kah, ) (Entered: 01/14/2004)
21 BRIEF in Opposition re 7 defendant's MOTION for Partial Summary Judgment filed by plaintiff Suzanne Whitty (vkb)
22 DECLARATION of Suzanne T. Whitty (vkb)
23 DECLARATION of Walter F. Kelly (vkb)
24 BRIEF in Opposition re 7 MOTION for Partial Summary Judgment EEOC's Memorandum in Opposition to Defendant's Motion for Partial Summary Judgment filed by all plaintiffs. (Tomlinson, Robert)

Case: 2:03-cv-898 As of: 04/17/2010 09:10 PM CDT 4 of 5

01/16/2004 01/19/2004 01/28/2004
01/29/2004 02/12/2004 02/12/2004 02/13/2004 02/18/2004 02/18/2004 02/18/2004 02/20/2004 06/29/2004 07/01/2004 07/01/2004 07/01/2004 08/11/2004 08/11/2004 08/13/2004
10/07/2004

25 CERTIFICATE OF SERVICE by all plaintiffs Electronic Certificate of Service (Tomlinson, Robert)
26 REPLY BRIEF in Support re 7 MOTION for Partial Summary Judgment with attached certificate of service filed by Mount Carmel LLC. (Roby, Joseph)
27 Minute Entry for proceedings held before Judge Aaron E Goodstein : Scheduling Conference held on 1/28/2004; for reasons stated on the record, defendant's motion for partial summary judgment is DENIED without prejudice; motions to amend the pleadings to be filed no later than 2/13/04; plaintiff shall disclose expert witnesses no later than 6/09/04; defendant shall disclose expert witnesses no later than 8/09/04; plaintiff shall disclose any rebuttal expert witnesses no later than 9/11/04; discovery deadline set for 10/15/04; telephone scheduling conference set for 8:30am on 10/20/04(Tape #8:34:36 − 8:57:00) (vkb) (Entered: 01/29/2004)
28 SCHEDULING ORDER: by Judge Aaron E Goodstein; see hearing minutes (cc: all counsel)(vkb) (Entered: 01/30/2004)
29 Document filed in error, see #30 for correct entry (vkb) Modified on 2/13/2004 (vkb) (Entered: 02/13/2004)
30 INTERVENOR COMPLAINT with Jury Demand; adding defendants Benedictine Health System, Inc., Richard J. Rau and John Doe;(vkb) (Entered: 02/13/2004)
Docket Annotation; entry #29 filed in error, text of entry has been changed to reflect that (vkb)
31 ANSWER to Intervenor Complaint by Mount Carmel, LLC, by Benedictine Health System, Inc., and by Richard J Rau.(Roby, Joseph)
Attorney Joseph J Roby added for defendant Benedictine Health System Inc (vkb)
32 LETTER from clerk to defendants Rau and Benedictine Health System requesting that the consent to magistrate form be filed no later than 3/03/04 (vkb)
33 CONSENT to Jurisdiction by US Magistrate Judge by defendants Benedictine Health System Inc and Richard J Rau (vkb) (Entered: 02/23/2004)
34 Defendants Mount Carmel LLC's, Benedictine Health System Inc.'s, Rau's, and Daehn's ANSWER to Complaint Intervernor's Amended Complaint by all defendants.(Roby, Joseph)
35 AMENDED COMPLAINT with Jury Demand filed by intervening plaintiff Suzanne Whitty; adding defendant Richard Daehn(vkb)
36 ACKNOWLEDGEMENT OF SERVICE by defendant Richard Daehn of the amended complaint filed by intervenor plaintiff Suzanne Whitty (vkb)
37 CONSENT to Jurisdiction by US Magistrate Judge by defendant Richard Daehn (vkb)
38 MOTION for Leave to File Excess Pages for Summary Judgment Motion Brief by all defendants. (Roby, Joseph)
39 CERTIFICATE by all defendants Pursuant to L.R. 7.1(a)(2) (Roby, Joseph)
MARGIN ORDER re: 38 Motion to file Excess Pages signed by Judge Aaron E. Goodstein on 8/13/2004. As stated in the Scheduling Order of January 29, 2004, the court will discuss the filing dates and procedures for summary judgment motions at the October 20, 2004 telephone scheduling conference. It is also the court's practice to inquire into the general nature of the motions. At times, the parties to an action mutually agree to narrow the issues in dispute, which would affect the nature of the summary judgment motion. The court will give due consideration of the defendant's request for an oversize brief at that time. The motion will be held in abeyance.(cc: all counsel)(Goodstein, Aaron)
40 CONSENT DECREE by Judge Aaron E Goodstein; Mount Carmel shall pay to Ms. Whitty $27,500 for alleged past and future lost payroll income; Mount Carmel further agrees to pay Ms. Whitty $150,000 for all other forms of alleged damages, including emotional distress and reputation damages and to pay her attorney,

Case: 2:03-cv-898 As of: 04/17/2010 09:10 PM CDT 5 of 5

10/08/2004

Walter F. Kelly, $80,000 for reasonable attorney's fees, costs and other litigation expenses; see decree for further details (cc: all counsel)(vkb) (Entered: 10/08/2004)
Copy of Consent Decree 40 sent via U.S. Mail to Atty. Dreiband (vkb)


[CONTENT] September 5, 2003 | the Equal Employment Opportunity Commission | EEOC | the Eastern District Court of Wisconsin | Title VII of the Civil Rights Act | 1964 | Title I of the Civil Rights Act of 1991 | Mount Carmel | LLC ||| EEOC ||| February 12, 2004 ||| October 7, 2004 | the District Court | Magistrate | Aaron E. Goodstein | 257,500 [SUMMARY] On September 5, 2003, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Eastern District Court of Wisconsin, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Mount Carmel, LLC.  The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the plaintiff-intervenor in retaliation for her opposition to sexual harassment and her participation in an investigation of sexual harassment claims.  

On February 12, 2004, the plaintiff-intervenor filed a complaint against the defendant.  On October 7, 2004, the District Court (Magistrate Judge Aaron E. Goodstein) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $257,500 for past and future lost payroll income, other forms of alleged damages, including emotional distress and reputation damages, and attorneys' fees.