UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
MAGNA DONNELLY, INC.,
Defendant. ________________________________

CASE NO. 5:04-CV-0168 HON. RICHARD ALAN ENSLEN

CONSENT DECREE

1. The Equal Employment Opportunity Commission ("EEOC") filed suits on September 28, 2004 and July 27, 2005 under the Americans with Disabilities Act (“ADA”).
2. Magna Donnelly responded denying all claims. 3. The EEOC and Magna Donnelly have agreed to resolve the suit.
STIPULATED FACTS 4. The EEOC is the agency of the United States government authorized by the ADA to investigate allegations of unlawful employment discrimination based upon disability, to bring civil actions to prohibit unlawful employment practices, and to seek relief for individuals affected by such practices. 5. Magna Donnelly is an employer engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(2), which incorporates by

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reference Sections 701(g) and (h) of Title VII, 42 U.S.C. § 2000e (g) and (h). Magna Donnelly had at least 25 employees for 20 or more calendar weeks during the relevant period of time.
6. Pursuant to the ADA, the parties acknowledge the jurisdiction of the United States District Court for the Western District of Michigan (Southern Division) over the subject matter and parties to this case for the purpose of entering this Decree, and if necessary, enforcing the provisions of this Decree.
7. Venue is appropriate in the Western District of Michigan (Southern Division). For purposes of this Decree and proceedings related to this Decree only, Magna Donnelly agrees that all statutory conditions precedent to the institution of this lawsuit against Magna Donnelly have been fulfilled.
NON-ADMISSION 8. Magna Donnelly does not admit any liability or wrongdoing in this matter.
NON-DISCRIMINATION 9. Magna Donnelly supports and will continue to comply with the ADA, including making any required individualized assessments.
NON-RETALIATION 10. Magna Donnelly will not take any action as a result of this matter which constitutes intimidation, retaliation, harassment, or interference with the exercise of such person’s rights under the ADA because of the filing of a discrimination charge or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with the ADA.
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MONETARY COMPENSATION 11. Magna Donnelly shall, within thirty (30) days of entry of this Consent Decree, pay all claimants back pay in the amount which Magna Donnelly and the EEOC have agreed (total $100,000). Magna Donnelly shall issue a W-2 form for the back pay amount in the ordinary course of business. Magna Donnelly will make appropriate employer contributions and will not deduct these employer contribution amounts from amounts paid to claimants. This monetary compensation shall be paid through checks made payable to claimants at addresses provided by the EEOC. Magna Donnelly shall mail these payments to the claimants by overnight mail within thirty (30) days after this Consent Decree has been entered by the Court. Magna Donnelly shall mail copies of the checks and the certified mail receipts to Laurie Young, Regional Attorney (or her successor), 101 W. Ohio Street, Suite 1900, Indianapolis, IN 46204.
TRAINING AND/OR EDUCATIONAL PROGRAMS 12. The EEOC acknowledges that Magna Donnelly has provided ADA training, and will continue to provide training in the normal course, to managers, supervisors and HR staff per a training program developed by defense counsel which has been reviewed by the Commission. The training program includes the topics of reasonable accommodation, undue hardship and the duties of employees and employers to engage in the interactive process to determine potential reasonable accommodations. Magna Donnelly has provided a roster of all attendees for the training sessions and the topics covered.
POSTING OF NOTICE 13. Magna Donnelly agrees that it will post a copy of the Notice attached as Exhibit A at its Third Street location on the regular notice posting location within the facility. The notice
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shall be posted for one (1) year from the date the Consent Decree is entered. Should the posted

notice become defaced, marred or otherwise made unreadable, Magna Donnelly agrees to post a

readable copy of the notice as soon as practical thereafter.

DURATION

14.

This Consent Decree shall remain in effect for one (1) year from the date it is

entered, and the Court shall retain jurisdiction of this action during the duration of this Decree to

enforce compliance with the Decree.

REPORTING

15. Six months after entry of this Consent Decree and at the end of one year, Magna

Donnelly will confirm to the EEOC that it has complied with the Consent Decree. Magna

Donnelly will send this information to: Laurie Young, Regional Attorney (or her successor),

EEOC, Indianapolis District Office, 101 W. Ohio Street, Suite 1900, Indianapolis, IN 46204.

DISPUTE RESOLUTION AND COMPLIANCE

16. The Court will have all available equitable powers, including injunctive relief, to

enforce Paragraphs 10, 11 and 12 of this Decree. Upon motion of any party, the Court may

schedule a hearing for the purpose of reviewing any party’s compliance with this Decree and/or

ordering appropriate relief to determine whether the parties have complied with the terms of this

Decree. Prior to seeking review by the Court, the parties shall engage in a good faith effort to

resolve any dispute concerning compliance with the Decree. Any party seeking court review of a

matter shall be required to give ten (10) days notice to the other parties before moving for such

review.

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COURT COSTS AND ATTORNEY FEES

17. Each party shall bear its own court costs and attorney fees.

MISCELLANEOUS

18. If any provision(s) of this Agreement is found to be unlawful, only the specific

provision(s) in question shall be affected and the other provisions will remain in full force and

effect.

19. The terms of this Decree shall be binding upon the present and future owners,

officers, directors, employees, creditors, agents, trustees, administrators, successors,

representatives, and assigns of Magna Donnelly.

20. This Agreement constitutes the entire agreement and commitments of the parties.

Any modifications to this Decree must be mutually agreed upon and memorialized in a writing

signed by Magna Donnelly and the EEOC.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MAGNA DONNELLY CORPORATION

/s/ Dale Price Laurie Young Regional Attorney

By: /s/ Jeffrey J. Fraser Its: Attorney

Deborah Barno (P44525) Acting Supervisory Trial Attorney

Dale Price (P55578) Trial Attorney Attorneys for Plaintiff

Detroit Field Office Patrick V. McNamara Federal Building 477 Michigan Ave., Room 865 Detroit, MI 48226

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EXHIBIT A NOTICE
The EEOC filed an Americans with Disabilities Act suit on September 28, 2004 against Magna Donnelly. Allegations were made on behalf of six claimants.
Magna Donnelly responded denying all claims. The EEOC administers the Americans with Disabilities Act which prohibits disability discrimination related to hiring, layoff, recall, promotion, discharge, pay and fringe benefits. The Detroit Field Office of the EEOC investigates charges of discrimination based on disability and is located at 477 Michigan Avenue, Room 865, Detroit, Michigan 48226. The EEOC and Magna Donnelly have agreed to resolve this suit. Magna Donnelly supports and will comply and will continue to comply with the Americans with Disabilities Act.
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Having reviewed the provisions of the Consent Decree, and the Court being satisfied that

its entry is proper and in the interest of justice;

IT IS HEREBY ORDERED that the Consent Decree is APPROVED and its provisions

entered as the binding Decree of this Court.

DATED in Kalamazoo, MI: December 15, 2006

/s/ Richard Alan Enslen RICHARD ALAN ENSLEN SENIOR UNITED STATES DISTRICT JUDGE

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 </s> Case 5:04-cv-00168-RAE Doc #1 Filed 09/30/04 Page 1 of 5 Page ID#1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY) COMMISSION,

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Hon.

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5: 0 4 cv 0 16 8

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Plaintiff,

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)

Civil Action No.

v.

)

)

COMPLAINT

MAGNA DONNELLY CORP., INC.

)

AND JURY TRIAL DEMAND

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______________D_e_fe_n_da_n_t.___________))

NATURE OF THE ACTION This is an action under Title I of the Americans With Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis ofdisability and to make whole Bonnie Kronemeyer ("Kronemeyer"). The Equal Employment Opportunity Commission alleges that Defendant, Magna Donnelly Corporation, Inc. ("Magna Donnelly") violated the Americans with Disabilities Act by failing to reasonably accommodate Kronemeyer, a qualified individual with a disability (multiple sclerosis nerve entrapment and diabetes) and by terminating her employment. The Equal Employment Opportunity Commission further alleges that Defendant uses a policy that has the effect of discriminating against individuals with disabilities by failing to reasonably accommodate them.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C.§§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) ofthe Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections

Case 5:04-cv-00168-RAE Doc #1 Filed 09/30/04 Page 2 of 5 Page ID#2
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e5(f)(1) and (3), and pursuant to Section 102 ofthe Civil Rights Act of 1991, as amended, 42 U.S.C. Section 1981(A).
2. The employment practices hereafter alleged to be unlawful were committed in the Western District of Michigan.
PARTIES 3. The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I ofthe ADA and is expressly authorized to bring this action by Section 107(a) ofthe ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) ofTitle VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Magna Donnelly was doing business in the State of Michigan and the City of Holland, and continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Magna Donnelly was continuously engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) ofthe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(g) and (h) of Title VII, 42 U.S.C. § 2000e(g) and (h). 6. At all relevant times, Defendant Magna Donnelly was a covered entity under Section 101(2) ofthe ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Kronemeyer filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Magna
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Case 5:04-cv-00168-RAE Doc #1 Filed 09/30/04 Page 3 of 5 Page ID#3
Donnelly. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning in April 2002, Defendant Magna Donnelly engaged in unlawful
employment practices in violation ofthe ADA Sections 102(a), 102(b)(5)(A) and 102(b)(5)(B), 42 U.S.C. §§ 12112(a), 12112(b)(5)(A) and 12112(b)(5)(B), at its Holland, Michigan facility. The Defendant's unlawful practices include, but are not limited to, failing to reasonably accommodate Kronemeyer as an employee and by discharging her.
9. Kronemeyer is a qualified individual with a disability (multiple sclerosis, cluneal nerve entrapment and diabetic neuropathy) who was able to perform the essential functions ofher position with or without reasonable accommodation.
10. The effect of the above-mentioned, unlawful employment practices has been to deprive Kronemeyer and other similarly situated individuals of equal employment opportunities because of their disabilities.
11. The above-mentioned, unlawful employment practices were intentional. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; B. Order the Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices; C. Order the Defendant Employer to provide training to its management employees
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Case 5:04-cv-00168-RAE Doc #1 Filed 09/30/04 Page 4 of 5 Page ID#4

regarding disability and the ADA's requirement to provide a reasonable accommodation to disabled

employees;

D. Order the Defendant Employer to make whole Kronemeyer and other similarly

situated individuals by providing them with appropriate lost earnings and benefits, with pre-

judgment interest, in amounts to be proven at trial, and other affirmative relief necessary including

reinstatement, if appropriate, to eradicate the effects of its unlawful employment practices;

E. Order Defendant Employer to make whole Kronemeyer and other similarly situated

individuals by providing compensation for past and future nonpecuniary losses, as well as punitive

damages, resulting from the unlawful practices complained ofin paragraph 8 and 9 above in amounts

to be proven at trial.

F. Grant the Commission its costs in this action; and

G. Grant such further relief as the Court deems necessary and proper.

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES N . .LEE Deputy General Counsel

DATED: September 28, 2004

Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D.C. 20507
~~~k

STANLEY H. PITTS (P33519) Supervisory Trial Attorney

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Case 5:04-cv-00168-RAE Doc #1 Filed 09/30/04 Page 5 of 5 Page ID#5 DALE PRICE (P55578) Trial Attorney DETROIT DISTRICT OFFICE Patrick V. MeNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-6701
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 </s> Case 5:04-cv-00168-RAE Doc #23 Filed 10/07/05 Page 1 of 3 Page ID#63

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, V.

Case No. 5:04-CV-0168 Hon. Richard Alan Enslen

MAGNA DONNELLY, INC.,

Defendant. ________________________________

Adele Rapport (P44833) Robert K. Dawkins (P38289) Dale Price (P55578) Equal Employment Opportunity Commission Detroit District Office Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-6701 ________________________________

Jeffrey Fraser (P43131) Varnum, Riddering, Schmidt & Howlett, LLP Bridgewater Place 333 Bridge Street, N.W. P.O. Box 352 Grand Rapids, MI 49501 (616) 336-6000/7000 (fax)

MOTION FOR CONSOLIDATION OF CASES

Plaintiff Equal Employment Opportunity Commission moves under F.R.Civ.P. 42(a) for

consolidation of the litigation in E.E.O.C. v. Magna Donnelly, Inc., W.D. Mich. No. 1:05-cv-0510,

with the instant case and states:

1. As the motion and attached brief in support indicate, common questions of law and

fact exist and consolidation will be beneficial, enhancing efficiency and economy for

all involved.

2. Both actions were brought under the Americans with Disabilities Act of 1990 and

1

Case 5:04-cv-00168-RAE Doc #23 Filed 10/07/05 Page 2 of 3 Page ID#64
seek the same forms of relief available under the Act. (Exhs. A and B to Brief, Complaints) 3. In addition to Ms. Kronemeyer and Ms. DeGram, there are ten claimants or potential claimants who have been identified in this matter, all of whom were employees of defendant. 4. All of the employees were subject to defendant’s Medically Disabled and Restricted Employees Policy. 5. Each of the employees was terminated according to the terms of the Policy. 6. The cases involve common witnesses and evidence as to the Defendant’s management practices with respect to the employees and the policy. 7. The parties have established and are using a procedure for potential resolution of the first case which they plan to employ with respect to the claimants in the second case. 8. The parties have already worked with the magistrate judge to develop a scheduling order governing a consolidated case. 9. The defendant concurs in the relief requested.
WHEREFORE, the Plaintiff Commission respectfully requests that the Honorable Court issue an order consolidating the second action into this one for all pretrial and trial purposes.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Deputy General Counsel
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Case 5:04-cv-00168-RAE Doc #23 Filed 10/07/05 Page 3 of 3 Page ID#65

Dated: October 7, 2005

ADELE RAPPORT (P44833) Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
_________________________ DALE PRICE (P55578) Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Federal Building 477 Michigan Ave, Room 865 Detroit, Michigan 48226

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 </s> Case number 5:04-cv-168 Docket as of 10/11/2014 09:51 PM EDT Page 1 of 5
CASESETTLED,CLOSED,LEADCASE
United States District Court Western District of Michigan (Southern Division (5)) CIVIL DOCKET FOR CASE #: 5:04−cv−00168−RAE

Equal Employment Opportunity Commission v. Magna Donnelly, Inc. Assigned to: Senior Judge Richard Alan Enslen Cause: 28:451 Employment Discrimination
plaintiff

Date Filed: 09/30/2004 Date Terminated: 12/08/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226−6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale Price U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226−7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie Young U.S. Equal Employment Opportunity Commission (IN) 101 W Ohio St., Rm. 1900 Indianapolis, IN 46204 (317) 226−7202 Email: laurie.young@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
defendant
Magna Donnelly Corporation named as Magna Donnelly Corp., Inc.

represented by Stephanie R. Setterington Varnum Riddering Schmidt &Howlett LLP (Grand Rapids) Bridgewater Place 333 Bridge St., NW P.O. Box 352 Grand Rapids, MI 49501−0352 (616) 336−6000 Email: srsetterington@varnumlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey J. Fraser Varnum Riddering Schmidt &Howlett LLP (Grand Rapids)

Case number 5:04-cv-168 Docket as of 10/11/2014 09:51 PM EDT Page 2 of 5
Bridgewater Place 333 Bridge St., NW P.O. Box 352 Grand Rapids, MI 49501−0352 (616) 336−6000 Email: jjfraser@varnumlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 09/30/2004 11/02/2004 11/16/2004
01/14/2005 01/25/2005
02/17/2005 02/22/2005 02/22/2005 02/24/2005 03/04/2005
03/04/2005 03/22/2005 04/12/2005 04/28/2005

# Docket Text
1 COMPLAINT and Jury Trial Demand against Magna Donnelly, Inc. filed by Equal Employment Opportunity Commission (lkd, ) (Entered: 10/04/2004)
SUMMONS ISSUED as to Magna Donnelly, Inc. (lkd, ) (Entered: 10/04/2004)
2 JOINT MOTION for order to Postpone Scheduling Order and to Postpone Answer to Complaint by plaintiff Equal Employment Opportunity Commission, defendant Magna Donnelly, Inc. ; (Fraser, Jeffrey) (Entered: 11/02/2004)
3 ORDER granting 2 Joint Motion to Postpone Scheduling Order and to Postpone Answer to Complaint; defendant's answer will be due 1/14/2005, and a scheduling conference will be set thereafter; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 11/16/2004)
4 ANSWER to complaint and Affirmative Defenses byMagna Donnelly, Inc. (Fraser, Jeffrey) (Entered: 01/14/2005)
5 ORDER setting Rule 16 scheduling conference for 2/22/2005 at 09:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 2/17/2005 ; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) Modified to correct location and presider of hearing on 1/25/2005 (acr, ). (Entered: 01/25/2005)
6 JOINT STATUS REPORT submitted for filing by defendant Magna Donnelly, Inc. (Fraser, Jeffrey) (Entered: 02/17/2005)
7 MINUTES of Rule 16 Scheduling Conference held before Magistrate Judge Ellen S. Carmody (Tape #C−G05 − #50) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 02/22/2005)
8 ATTORNEY APPEARANCE of Dale Price on behalf of plaintiff Equal Employment Opportunity Commission (acr, ) (Entered: 02/24/2005)
9 CLERK'S LETTER to attorney Dale Price regarding e−filing requirement and paper filing 8 (acr, ) (Entered: 02/24/2005)
10 CASE MANAGEMENT ORDER: jury trial set for 6/2006 civil trial session at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; settlement conference set for 6/8/2005 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 5/24/2006 at 02:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; ; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 03/04/2005)
11 ORDER regarding 6/8/2005 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 03/04/2005)
12 PROOF OF SERVICE by defendant Magna Donnelly, Inc. for Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) (Fraser, Jeffrey) (Entered: 03/22/2005)
13 PROOF OF SERVICE by defendant Magna Donnelly, Inc. for First Interrogatories and First Request for Production (Fraser, Jeffrey) (Entered: 04/12/2005)
14 PLEASE DISREGARD this document replaced by docket #15 − PROPOSED STIPULATION and ORDER for Modification of the Scheduling Order by plaintiff Equal Employment Opportunity Commission (Price, Dale) Modified on 5/4/2005 to reflect this is replaced by docket #15 (bd, ). (Entered: 04/28/2005)

Case number 5:04-cv-168 Docket as of 10/11/2014 09:51 PM EDT Page 3 of 5

05/02/2005 05/05/2005 06/01/2005 06/30/2005 07/13/2005 08/10/2005 08/31/2005
08/31/2005 10/07/2005 10/07/2005 10/26/2005 12/21/2005 01/24/2006
01/25/2006

15 PROPOSED STIPULATION and ORDER for Modification of the Scheduling Order by plaintiff Equal Employment Opportunity Commission (Price, Dale) Modified on 5/4/2005 to reflect this document replaces docket #14 (bd, ). (Entered: 05/02/2005)
16 ORDER granting STIPULATION 15 for Modification of the Scheduling Order; the deadline for amendment of pleadings and joinder of parties is extended to 6/15/2005; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/05/2005)
17 NOTICE rescheduling settlement conference to 11/4/2005 at 02:00 PM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/01/2005)
18 PROPOSED STIPULATION and ORDER for Modification of the Scheduling Order by plaintiff Equal Employment Opportunity Commission (Price, Dale) (Entered: 06/30/2005)
19 ORDER granting STIPULATION 18 for Modification of the Scheduling Order; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/13/2005)
20 NOTICE of telephone status conference set for 8/16/2005 at 11:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/10/2005)
21 VACATED − AMENDED CASE MANAGEMENT ORDER: jury trial set for 7/2007 civil trial term at 08:30 AM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; settlement conference set for 2/24/2006 at 02:00 PM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 5/17/2007 at 02:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) Modified on 2/24/2006 to reflect this document was vacated pursuant to Order, docket #30 (bd, ). (Entered: 08/31/2005)
22 ORDER regarding 02/24/2006 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/31/2005)
23 UNOPPOSED MOTION to consolidate cases by plaintiff Equal Employment Opportunity Commission; (Price, Dale) (Entered: 10/07/2005)
24 BRIEF in support of 23 Motion to Consolidate Cases filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A# 2 Exhibit B) (Price, Dale) (Entered: 10/07/2005)
25 ORDER granting 23 motion to consolidate cases; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, mdr) (Entered: 10/26/2005)
26 PROOF OF SERVICE by defendant Magna Donnelly, Inc. for Rule 26(a) Disclosures ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) (Entered: 12/21/2005)
27 NOTICE rescheduling hearing that was previously set for 2/24/2006 at 2:00 p.m. before Magistrate Judge Ellen S. Carmody; settlement conference set for 2/24/2006 at 02:00 PM at 666 Federal Building, Grand Rapids, MI before Magistrate Judge Timothy P. Greeley;; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 01/24/2006)
28 NOTICE rescheduling hearing that was previously set for 2/24/2006 at 2:00 p.m.; settlement conference set for 2/24/2006 at 01:00 PM at 666 Federal Building, Grand Rapids, MI before Magistrate Judge Timothy P. Greeley;; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 01/25/2006)

Case number 5:04-cv-168 Docket as of 10/11/2014 09:51 PM EDT Page 4 of 5

02/14/2006 02/24/2006 02/24/2006 02/24/2006 02/24/2006 03/07/2006 03/07/2006 03/08/2006 03/08/2006 03/08/2006 03/08/2006 03/14/2006
03/15/2006

29 PROOF OF SERVICE by defendant Magna Donnelly, Inc. Discovery ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) (Entered: 02/14/2006)
30 ORDER VACATING AMENDED CASE MANAGEMENT ORDER ; signed by Magistrate Judge Timothy P. Greeley ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 02/24/2006)
31 NOTICE OF RESCHEDULED RULE 16 SCHEDULING CONFERENCE AND RESCHEDULED SETTLEMENT CONFERENCE; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 02/24/2006)
32 MINUTES before Magistrate Judge Timothy P. Greeley; SETTLEMENT CONFERENCE held and to be continued; order to issue (Proceedings Not Recorded) ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, jal) (Entered: 02/24/2006)
Copy of Notice (Other) 31 , Order 30 sent via U.S. Mail to Laurie Young ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 02/24/2006)
33 NOTICE of Settlement Protocol Timeline and Post−Settlement Protocol Discovery Timeline by plaintiff Equal Employment Opportunity Commission, defendant Magna Donnelly, Inc. ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) (Entered: 03/07/2006)
34 PROOF OF SERVICE by defendant Magna Donnelly, Inc. re 33 ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) (Entered: 03/07/2006)
35 ORDER ; signed by Magistrate Judge Timothy P. Greeley ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 03/08/2006)
36 NOTICE rescheduling hearing that was previously set for 3/8/06; settlement conference set for 9/20/2006 at 01:30 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Timothy P. Greeley; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 03/08/2006)
37 MINUTES of scheduling conference held before Magistrate Judge Timothy P. Greeley (Proceedings Digitally Recorded) ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, pjc) (Entered: 03/08/2006)
Copy of Notice Rescheduling Hearing 36 , Order 35 sent via U.S. Mail to Laurie Young; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 03/08/2006)
38 CASE MANAGEMENT ORDER: jury trial set for 1/2008 civil trial session at 174 Federal Building, Kalamazoo, MI before Senior Judge Richard Alan Enslen; settlement conference set for 9/20/2006 at 01:30 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Timothy P. Greeley; final pretrial conference set for 12/13/2007 at 02:30 PM at 174 Federal Building, Kalamazoo, MI before Senior Judge Richard Alan Enslen; ; signed by Magistrate Judge Timothy P. Greeley ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 03/14/2006)
Copy of Case Management Order 38 sent via U.S. Mail to Laurie Young; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 03/15/2006)

Case number 5:04-cv-168 Docket as of 10/11/2014 09:51 PM EDT Page 5 of 5

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39 NOTICE rescheduling hearing that was previously set for 9/20/2006; settlement conference set for 11/7/2006 at 01:30 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Timothy P. Greeley;; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) (Entered: 09/19/2006)
Copy of Notice Rescheduling Hearing 39 sent via U.S. Mail to Laurie Young ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 09/20/2006)
41 MINUTES before Magistrate Judge Timothy P. Greeley; SETTLEMENT CONFERENCE held, case tentatively settled; telephone conference scheduled to finalize (Proceedings Not Recorded) ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, jal) (Entered: 11/08/2006)
40 NOTICE of Continued Settlement Conference set for 11/14/2006 at 11:00 AM by telephone conference before Magistrate Judge Timothy P. Greeley; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, kad) Modified text on 11/8/2006 (bd, ). (Entered: 11/08/2006)
Copy of Notice of Hearing 40 sent via U.S. Mail to Laurie Young ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 11/08/2006)
42 MINUTES of settlement conference held before Magistrate Judge Timothy P. Greeley; case settled; documents to be submitted within 2 weeks (Proceedings Not Recorded) ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Magistrate Judge Timothy P. Greeley, pjc) (Entered: 11/17/2006)
43 PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission, defendant Magna Donnelly, Inc. ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) (Entered: 11/28/2006)
44 PROPOSED STIPULATION and ORDER to Dismiss by plaintiff Equal Employment Opportunity Commission, defendant Magna Donnelly, Inc. (Attachments: # 1 proposed Order); this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Fraser, Jeffrey) Modified text on 11/29/2006 (bd, ). (Entered: 11/28/2006)
45 ORDER TO DISMISS granting STIPULATION 44 , case is DISMISSED WITH PREJUDICE and without costs; signed by Senior Judge Richard Alan Enslen ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Senior Judge Richard Alan Enslen, blb) (Entered: 12/08/2006)
Copy of Order on Stipulation and Proposed Order 45 sent via U.S. Mail to Laurie Young ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (bd, ) (Entered: 12/11/2006)
46 CONSENT DECREE granting 43 proposed consent decree; signed by Senior Judge Richard Alan Enslen ; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (Senior Judge Richard Alan Enslen, blb) (Entered: 12/15/2006)
Copy of Consent Decree 46 sent via U.S. Mail to Laurie Young; this document appears in the following associated cases: 5:04−cv−00168−RAE,1:05−cv−00510−RAE (acr, ) (Entered: 12/15/2006)


[CONTENT] September 30, 2004 | the Equal Employment Opportunity Commission | EEOC | the U.S. District Court | the Western District | Michigan | the Magna Donnelly Corp., Inc. | the Americans With Disabilities Act | ADA ||| EEOC ||| EEOC ||| the next year | Magistrate | Ellen S. Carmod ||| October 26, 2005 | Magistrate | Carmod | EEOC ||| Magna Donnelly Corporation ||| ADA ||| November 28, 2006 ||| December 15, 2006 | United States | Richard A. Enslen ||| 100,000 ||| ADA | the Equal Employment Opportunity Commission |||  ||| one year | EEOC [SUMMARY] On September 30, 2004, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Western District of Michigan against the Magna Donnelly Corp., Inc., a for profit corporation, under the Americans With Disabilities Act (ADA). The EEOC claimed that the corporation had failed to reasonably accommodate a woman who was able to perform the essential functions of the position yet suffered from disabilities, including multiple sclerosis. The EEOC asked the court to permanently enjoin the corporation from engaging in unlawful employment practice as well as grant relief to those employees against whom the discrimination had occurred.

Over the course of the next year, a number of settlement conferences were scheduled between the parties to take place before Magistrate Judge Ellen S. Carmod. And on October 26, 2005, Magistrate Judge Carmod granted plaintiffs' unopposed motion to consolidate the case with the ongoing litigation in EEOC. v Magna Donnelly Corporation, Inc., <a href="http://www.clearinghouse.net/detail.php?id=8474">EE-MI-0047</a>. Both cases had been brought under the ADA, and dealt with the same corporation's employment discrimination practices and policies. Settlement conferences continued between the parties, and a proposed consent decree was submitted to the court on November 28, 2006.

On December 15, 2006, United States District Judge Richard A. Enslen approved the consent decree and dismissed the case with prejudice and without costs to either party. The decree included monetary compensation for back pay to the injured employees, totaling $100,000. The corporation also agreed to provide ADA training in the normal course to managers, supervisors, and human resources staff according to a training program developed by defense counsel that had been reviewed by the Equal Employment Opportunity Commission. The decree also included a retaliatory prohibition. The decree would remain in effect for one year and include reporting to the EEOC to ensure compliance.