I.
j

FILED

IN THE U1'Q~ ~t~{) DISTRICT COURT FOR THE M~DLE DISTRICT OF ALABAMA
-l MIDDLE DIVI~HON
;Jqql OCT A l:"L A

fSCr- 0 11997
CLERK
fj- U. S. DISTRICT COURT
MIDDLE OIST. OF\~~/)

EQUAL EMPLOYMENT OPPOR~tfs~'R1El~~fR~VIL ACTION #: MIl~ 8 M~

COMMISSION,

HIOO'LE OISTRICTJALA

q 7- T- /L{'53-f

]

Plaintiff,

]

]

VB.

] COMPLAINT

]

MACON COUNTY GREYHOUND PARK

] JURY TRIAL DEMAND

d/b/a VICTORYLAND,

]

]

Defendant.

]

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---oL]

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights 'Act of 1964 t as amended and the Civil Rights Act of 1991 t to correct unlawful employment practices on the basis of sex and retaliation. The Commission alleges that the Defendant Macon County Greyhound Park d/b/a Victoryland (t1Victoryland") discriminated against Lisa D. Flaherty by transferring' her because of her pregnancy and because she complained of conduct she believed to be unlawful under Title VII of the Civil Rights Act of 1964 t as amended (lITitle VI ru). The Commission further alleges that Lisa D. Flaherty, a female t was constructively discharged by Victoryland because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28
u. S. C. Sections 451 t 1331, 1337 t 1343 and 1345, This action is
authorized and instituted pursuant to Section 706(f) (1) and (3) of
.l#'d:~~ ,
Title VII of the civil Rights Act of 1964 t as amendWd t 42 U.S.C.
i~~'. " '''i;,-

""'Itl;r:i:il.-"'""'~

=__,

,

_ __I

I.

Section 2000e-5(f) (1) and (3) of Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. Section 2000e-5(f) (1) and (3) and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981A.

2. The unlawful employment practices alleged below were

committed within the jurisdiction of the United States District

Court for the Middle District of Alabama, Middle Division.

PARTIES

3.

Plaintiff, Equal Employment Opportunity Commission.

(hereinafter referred to as the "Commission"), is an agency of the

United States of America and is charged with the administration,

interpretation, and enforcement of Title VII and is expressly

authorized to bring this action by Section 706 (f) (1) and. (3) of

. Title VII, 42 U.S.C. Section 2000e-5 (f) (1) and (3).

4. At all relevant times, Defendant, Victoryland (hereinafter

referred to as the Employer II ), has been an Alabama corporation

doing business in the State of Alabama and City of Shorter, and ha.s

continuously had at least fifteen employees.

5. At all relevant times, Defendant Employer has 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.

Section 2000e (b), (g) and (h).

STATEMENT OF CLAIM

6. On October 26, 1993, more than thirty (30) days prior to

the institution of this iawsuit, Lisa D. Flaherty 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.

i·

)
7. On or about May 1993, and continuing thereafter, Defendant Employer engaged in unlawful employment practices at its Shorter, Alabama, facility, in· violation of Sections 701 (k), 703 (a) and 704 (a) of Title VII, 42 U.S.C. Sections 2000e(k) 2000e-2 (a) and 2000e-3(a). Its practices include transferring Lisa D. Flaherty because of her pregnancy and because she complained of conduct she believed to be unlawful under Title VII and constructively discharging Lisa D. Flaherty because of her sex, female, (condition of pregnancy) and/or in retaliation for complaining of conduct believed to be unlawful under Title VII.
8. The effect of the practices complained of in paragraph 7 above, has been to deprive Lisa D. Flaherty of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex and in retaliation against her for having opposed practices made unlawful by Title VII.
9. As a direct and proximate result of these violations of her rights under Title VII, Lisa D. Flaherty has suffered damages in the form of emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation.
10. The unlawful employment practices complained of above were intentional.
11. The unlawful employment practices complained of above were done with malice and/or with reckless indifference to the federally protected rights of Lisa D. Flaherty.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:

RMmn

ntt:tt ntnm

A. Grant a permanent inj unction enj oining Defendant Employer, its officers, agents, employees / successors / assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of sex and/or in retaliation for opposing practices made unlawful by Title
VII.
B. Order Defendant Employer to institute and carry out policies, practices and programs which eradicate the effects of its unlawful employment practices.
C. Order Defendant Employer to make whole Lisa D. Flaherty by providing appropriate back pay (including all employment related benefits) with prejudgment interest, in amounts to be proved at trial, and other af'firmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place reinstatement of the aggrieved individual.
D. Order Defendant Employer to make whole Lisa D. Flaherty by providing compensation for past and future pecuniary losses resulting from the unlawful ,employment practices complained of in paragraph 7 above.
E. Order Defendant Employer to make whole Lisa D. Flaherty oy providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including losses for emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in an amount to be determined at trial.

_----------------_ ~""'_""----------_...............

......-----~----~"""

••• I
F. Order Defendant Employer to pay Lisa D. Flaherty punitive damages for its malicious and/or reckless conduct described above! in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper.
H. Award the Commission its costs in this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street,
s . gton, DC
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BIRMINGHAM DISTRICT OFFICE 1900 Third Avenue, North Birmingham, Alabama 35203-2397 Telephone: 205/731-0628

 </s> IN THE UNITED STATES DISTRICT COURT

FOR THE l\fiDDLE DISTRICT OF ALABAMA EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY ]

COMMISSION AND LISA FLAHERTY,

]

tJ U. S.
MIDDLE

DDICSISrT£Tla{.lK°O~FC~\

MONTGOIDmY, ,1iLA.

U

J

Plaintiffs,

]

]

vs.

J

]

1 MACON COUNTY GREYHOUND PARK J

CV #97-T-14S3-E

d/b/a VICTORYLAND,

]

J

Defendant.

1

]

CONSENT DECREE
Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.C.§2000e s:t seq.. g~ntees

protected workers that they will be free from employment discrimination on the basis of race, sex,

religion, national origin and color.

On October 1, 1997, the United States Equal Employment Opportunity Commission

("EEOC

n )

filed

suit

in

this

Court

against

Macon

County

Greyhound

Park,

d/b/a

Victoryland

("Victorylandn) alleging that the Defendant Victoryland discriminated against Lisa Flaherty, one

of its former employees, because of her sex (female, pregnancy) and in retaliation for her

complaints about conduct she believed to be unlawful under Title VII. Lisa Flaherty subsequently

intervened in the lawsuit, alleging the same discriminatory treatment as in the EEOC's lawsuit.

Victoryland denies that it discriminated against Lisa Flaherty in any manner.

- -

....

.-
.i
f
I. GENERAL PROVISIONS The EEOC and Victoryland agree to the jurisdiction of this Court concerning questions of the employment practices of Victoryland as outlined herein above. The EEOC and Victoryland, being aware of the risks, uncertainties and costs of continued litigation, are now desirous of resolving through this Consent Decree the claims asserted in the EEOC's lawsuit. 'This Decree, being entered into with the consent of the EEOC and Victoryland, shall not· constitute an adjudication or finding on the merits of the case, and shall in no manner be construed as an admission by Victoryland of any violation of Title VII or any other applicable federal law. This Decree is binding on the EEOC and upon Victoryland as well as upon their successors and assigns and persons in privity. The issues resolved by this Decree are those which were alleged in the Charge of Discrimination numbered 130"93~0303 and asserted in the EEOC's Complaint in the above-styled lawsuit. The Court being fully advised of the premises doth Order, Adjudge and Decree as follows:
ll. SPECIFIC PROVISIONS A. This Court has full jurisdiction to decide this controversy as to the EEOC and Victoryland. This Decree will be in effect for fourteen months to allow the parties to complete the terms of the Decree. B. The parties to this action have provided for certain monetary relief to the Charging Party Lisa Flaherty, the terms of which have been set forth in a special release to be signed by Charging Party Flaherty and her attorney. Victoryland will pay Lisa Flaherty the amount agreed to in the Release of Claims upon execution of the Release by Lisa FlahertyI as
2
==

monetary settlement of this lawsuit and EEOC Charge No.: 130·93-0303.

C. Victoryland will sponsor one day of training on Sex Discrimination for management

and supervisors at its Shorter, Alabama facility within fourteen months of the date of this Order.

The training will be conducted by the EEOC at Victoryland at a mutually acceptable time.

D. Victoryland will immediately post the Notice of non-discrimination attached hereto

as Exhibit A U n in a prominent and conspicuous place, visible to all employees, at its Shorter,

Alabama facility.

E. Victoryland shall not retaliate in any manner against Lisa Flaherty or any person

who participated in this lawsuit or the investigation of EEOC Charge No.: 130.93-0303.

F. The Defendant shall provide Lisa Flaherty with a reference for any future

employers requesting a reference by sending a letter as outlined in Exhibit "BH to this Decree.

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

If the terms and conditions of this Decree are violated or breached, the parties shall have

the right to petition the Court for further Orders, adjudication and relief in this matter.

\« DONE and ORDERED this the g

Day of August, 1998.

~.~ ED STATES DISTRI~

3

By Consent: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION C.GREGORYSTEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, Northwest
~"'
ft~pi6nal Attorney
~
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office 1900 Third Avenue North Birmingham, Alabama 35203-2397 Telephone: (2050731-0628
4

MACON COUNTY GREYHOUND PARK d/b/a VICTORYLAND

~~J»~ s;rANLYiGY

~

GRAY, LANGFORD, SAPP, MCGOWAN, GRAY &

NATHANSON

P.O. Box 830239

Tuskegee, Alabama 36083-0239

5

NOT ICE
AS REQUIRED UNDER TITLE VII or THE CIVIL RIGHTS ACT OF 1964, AS
MENDED
1. Federal law requires that there be no discrimination against any employee or applicant for employment I because of such person's sex.
2. Victoryland supports and will comply with such federal law in all respects and will not discriminate against any employee because of the person's sex.
3. victoryland affirms that it is unlawful for an employer to discriminate against a female employee on the basis of sex. It further affirms that it is unlawful for an employer to in any manner retaliate against any individual who opposes or assists one in opposing sex discrimination in job assignment or other privileges and conditions of employment.

Signed this

_ day of 1998. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1

For Macon County Greyhound Park d/b/a Victoryland

EXHIBIT A

" '"

r

TO WHOM IT MAY CONCERN:
Lisa Flaherty was employed as a bartender at Macon County Greyhound Park (VICTORYLAND)from 1984 to 1993. During that time she was a good employee. She performed her assigned tasks in a conscientious and. diligent manner.

EXHIBIT B

""'P'''··r

·

.

 </s> ,)

IN THE UNITED STA-a;~" p~liH6r COURT
FOR THE MIDDLE D1S'rRfCT OF ALABAMA EAST~~f o'l~V!~IO~ 8:\ q

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and LISA FLAHERTY,

T~I§§~Jtl'i1~AtSSO~I'SRT~RtI~Ctl~uAC~lAf

Plaintiffs,

'§

§

v.

§ CASE NO. CV~97~T-1453-E

§

MACON COUNTY GREYHOUND PARK §

d/b/a V1CTORYLAND,

§

§

Defendant.

§

COMPLAINT IN INTERVENTION

This is a civil action for injunctive relief, declaratory judgment, damages e:tnd other

appropriate relief to protect and redress the deprivation of rights, privileges, and

immunities secured under Title VII of the Civil Rights Act of 1964, as amended, §701 et

seq., §701 (k), 42 U,S.C, §2000e et seq., 2000e(k), the Civil Rights Act of 1991, and 42

U.S.C, §1981a. Mary A. Goldthwaite represents Plaintiff Lisa Flaherty elMs. Flaherty") and

brings this action on her behalf.

JURISDICTION

1. Ms, Flaherty alleges that Federal question jurisdiction exists pursuant to 28
u. S.C. §§1331, 1343 and 220 1 and that there exists a justiciable controversy between her

and VictoryJand. Defendant Victoryland has continuously employed at least fifteen

employees and engages In an industry affecting interstate commerce.

2. Ms. Flaherty asserts that she has exhausted her administrative remedies by

filing a Charge of Discrimination with the EEOC. Subsequently thereto, the EEOC timely

1

=-

I~

) ";'

brought the underlying case based on said Charge of Discrimination.

VENUE

3. Ms. Flaherty is over the age of nineteen (19) years and is a resident of

Autauga County, Alabama.

4. Defendant Victoryland has been an Alabama corporation doing business

in the State of Alabama in Shorter, Macon County, Alabama at all times relevant to this

complaint.

FACTS

5.

Defendant Victoryland has engaged in a pattern of intentional abuse,

pregnancy discrimination and retaliation against the Plaintiff. As a result of the

Defendant's actions, Ms. Flaherty has been denied her rights of equal employment

opportunities on the basis of her sex.

6. Once Ms. Flaherty's Immediate supervisor, Libby Fralic, learned about her

pregnancy she began acting in a hostile and malicious manner toward her. Ms. Fralic's

behavior included, but was no limited to, asking Ms. Flaherty if she was going to quit

working at Victoryland and threatening to transfer Ms. Flaherty downstairs to the first floor

to work in an area which was dirty and unprofitable. Ms. Flaherty became increasingly

upset over Ms. Fralic's threats and hostile attitude toward her pregnancy and complaIned

about the same to Ms. Fralic's immediate supervisor Mr. Scott Graef without success.

7. Ms. Flaherty later spoke with two of Victoryland's racing commissioners one

of whom advised her that he was aware of her complaints and that he had already

spoken to the head of the racing commission about the negative treatment she was

2

-. "
"'J

receiving because of her pregnancy. In addition, Ms. Flaherty made concerted efforts

to report her complaints to Victoryland's General Manager Monty Russell and Milton

McGregor.

8.

Ms. Flaherty was permanently transferred from the clubhouse to work on

the first floor of the race track. Although Ms. Flaherty was not, according to her

pregnancy work-related limitations permitted to work in a poorly ventilated area such as

the first floor and the working conditions on the first floor were causing her to experience

physical problems, no efforts were made to transfer Ms. Flaherty elsewhere. Before Ms.

Flaherty became pregnant, she had worked on the first floor very few times during her

employment with Victoryland.

9, In light of the foregoing and In light of all the other malicious actions and ..

hostile attitude that Ms. Flaherty had to endure from her supervisors because of her

pregnancy and because of the conduct she complained about that she believed was

unlawful, Ms. Flaherty's working conditions became so intolerable that she had no choice

but to resign.

10. . Ms, Flaherty was harassed, discriminated against, subjected to a hostile

working environment, and constructively discharged, in violation of Title VII, as amended

and as a result has suffered damages including but not limited to pain and suffeling,

mental angUish, humiliation and loss of income.

WHEREFORE, Ms. Flaherty requests that the Court grant the following relief:

(a) Declare Defendant Victoryland's unfair and unequal practices in violatIon of the Federal Law;

(b) Enjoin Defendant Victoryland from further violations of the employment

3

rights of individuals similarly situated;

(c) Grant Ms. Flaherty such relief as It finds her entitled, including reinstatement, back pay, monetary damages, punitive damages, interest, Court costs, and reasonable attorney's fees.

Ms. Flaherty demands a trial by a struck jury on all issues so triable.

I :5"f

RESPECTFULLY SUBMITIED this

day of December 1997.

OF COUNSEL:

McPHILLIPS, SHINBAUM
GILL & STONER, L.L.P. POBox 64 Montgomery AL 36101
(334) 262-1911

4- A-c=. MaryUOldthwaite

Sh?t~ !S:;:.::

Attorney for Plaintiff

4
-

CERTIFICATE OF SERVICE

I hereby certify that I have servedf~coPY of the foregoing upon the following via U.S. Mall with postage, pre-paid this _1_ day of December 1997.

C. Gregory Stewart, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 ilL" Street NW Washington DC 20507

Mr. Jerome C. Rose, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1900 3rd Avenue North Suite 101 Birmingham AL 35203-2397

Ms. Jill Lolley Vincent, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1900 3rd Avenue North Suite 101 Birmingham AL 35203·2397

Ms. Eunice Holt Morrow, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1900 3rd Avenue North Suite 101 Birmingham AL 35203-2397

Mr. Stanley F. Gray, Esq P.O. Box 239 Tuskegee AL 36083

O~fCOU~

o:\wpdoos\flaherty\complaJnt.lnt
5
"""r~===""",·osm>_.

..--_.__..

 </s> CM/ECF - U.S. District Court: ALMD - Docket Report

https://ecf.almd.uscourts.gov/cgi-bin/DktRpt.pl?674006026383181-L_9...

U.S. District Court Alabama Middle District (Opelika) CIVIL DOCKET FOR CASE #: 3:97-cv-01453-MHT-JLC

CLOSED

EEOC v. Macon County Assigned to: Judge Myron H. Thompson Referred to: Honorable John L. Carroll Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1 of 7

Date Filed: 10/01/1997 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by C. Gregory Stewart Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eunice H. Morrow Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-731-1039 Fax: 731-2101 Email: eunice.morrow@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerome C. Rose Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-731-1039 Fax: 731-2101
3/27/2007 12:11 PM

CM/ECF - U.S. District Court: ALMD - Docket Report
V. Defendant Macon County Greyhound Park doing business as Victoryland
2 of 7

https://ecf.almd.uscourts.gov/cgi-bin/DktRpt.pl?674006026383181-L_9...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jill L. Vincent Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-731-1039 Fax: 731-2101 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mildred Byrd Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-212-2043 Fax: 205-212-2041 Email: Mildred.Byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Fred Jr. David Gray Gray Langford Sapp McGowan Gray & Nathanson PO Box 830239 Tuskegee, AL 36083-0239 334-727-4830 Fax: 334-727-5877 Email: fgrayjr@glsmgn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley Fitzgerald Gray Gray Langford Sapp McGowan Gray & Nathanson PO Box 830239 Tuskegee, AL 36083-0239 334-727-4830 Fax: 334-727-5877 Email: sgray@glsmgn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
3/27/2007 12:11 PM

CM/ECF - U.S. District Court: ALMD - Docket Report

https://ecf.almd.uscourts.gov/cgi-bin/DktRpt.pl?674006026383181-L_9...

Intervenor Plaintiff Lisa Flaherty

represented by Mary Arrington Goldthwaite Office of Attorney General 11 South Union Street Montgomery, AL 36130 334-353-9189 Fax: 344-242-2433 Email: mgoldthwaite@ago.state.al.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/01/1997 10/01/1997 10/07/1997 10/10/1997 10/21/1997 11/05/1997 11/14/1997
12/01/1997 12/02/1997
12/02/1997

#

Docket Text

1 COMPLAINT (request for permanent injunction) (dkt clerk) (Entered: 10/07/1997)
1 DEMAND for jury trial by EEOC (dkt clerk) (Entered: 10/07/1997)
File referred to Judge Thomposn (dkt clerk) (Entered: 10/07/1997)
2 SUMMONS issued; summons & complaint mailed by CMRRR to Macon County Greyhound Park. (cc) (Entered: 10/10/1997)
3 RETURN RECEIPT CARD showing service of summons & complaint on Sgt. Ronnie Bogan on 10/16/97 for Macon County . Answer due on 11/5/97 for Macon County (cc) (Entered: 10/21/1997)
4 ANSWER to Complaint by Macon Co. Greyhound Park (Attorney Stanley F. Gray, Fred David Gray Jr.), referred to Judge Myron H. Thompson (cc) (Entered: 11/05/1997)
5 ORDER setting Rule 16 Status Conference 8:15 12/1/97 in Montg., Ala. before Judge Myron H. Thompson ; directing counsel for all parties to be present ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie & Tim. (cc) (Entered: 11/14/1997)
6 MOTION to Intervene as a plaintiff by Lisa Flaherty ; proposed Complaint in Intervention attached; referred to Judge Myron H. Thompson (cc) (Entered: 12/01/1997)
7 ORDER directing that [6-1] motion to Intervene as a plaintiff by Lisa Flaherty be set for submission on 12/30/97, with all briefs due by said date; setting Brief deadline to 12/30/97 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 12/03/1997)
8 SCHEDULING ORDER setting Pretrial Conference for 9/14/98 in Opelika, Ala. before Judge Myron H. Thompson; Motion Filing deadline on 6/16/98; Discovery cutoff 8/31/98; jury trial set for 10/26/98 in Opelika, Ala. before Judge Myron H. Thompson; set amended pleading deadline for 2/15/98; Jury selection set for 10/26/98; Mediation Notice deadline on 7/2/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie & Tim. (cc) (Entered:

3 of 7

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CM/ECF - U.S. District Court: ALMD - Docket Report

https://ecf.almd.uscourts.gov/cgi-bin/DktRpt.pl?674006026383181-L_9...

12/30/1997 12/30/1997 01/05/1998 01/05/1998 01/12/1998 06/16/1998 06/16/1998 06/18/1998 06/19/1998 06/25/1998
07/09/1998 07/10/1998

12/03/1997)
9 RESPONSE by Macon Co Greyhnd Pk in opposition to [6-1] motion to Intervene as a plaintiff by Lisa Flaherty referred to Judge Myron H. Thompson (cc) (Entered: 12/30/1997)
10 MEMORANDUM by Macon Co Greyhnd Pk in support of [9-1] response in opposition by Macon Co Greyhnd Pk referred to Judge Myron H. Thompson (cc) (Entered: 12/30/1997)
11 ORDER granting [6-1] motion to Intervene as a plaintiff by Lisa Flaherty ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 01/05/1998)
12 Intervenor's COMPLAINT by Lisa Flaherty against Macon Co Greyhnd Pk; request for injunctive relief & declaratory judgment; jury demand (cc) (Entered: 01/05/1998)
13 ANSWER by Macon Co Greyhnd Pk to [12-1] intervenor complaint; referred to Judge Myron H. Thompson (cc) (Entered: 01/12/1998)
14 MOTION by Macon Co Greyhnd Pk for Summary Judgment referred to Judge Myron H. Thompson (cc) (Entered: 06/17/1998)
15 MEMORANDUM by Macon Co Greyhnd Pk in support of [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk (w/Exhibits 1-13 filed UNDER SEPARATE COVER); referred to Judge Myron H. Thompson (cc) (Entered: 06/17/1998)
16 ORDER directing that [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk be set for submission on 7/15/98, with plaintiff's brief & evidentiary materials filed by that date; setting Brief deadline to 7/15/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 06/18/1998)
17 MOTION by EEOC to Extend Time to respond to defendant's motion for summary judgment ; referred to Judge Myron H. Thompson (cc) (Entered: 06/22/1998)
18 ORDER granting [17-1] motion to Extend Time to respond to defendant's motion for summary judgment; [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk is reset for submission on 7/29/98; directing the plaintiff to file its brief and evidentiary materials by that date; resetting Brief deadline to 7/29/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 06/25/1998)
19 MOTION by EEOC to Strike affidavit of Scott Graef and for a continuance in order to take the deposition of Scott Graef w/Exhibits A-B attached; referred to Judge Myron H. Thompson (cc) (Entered: 07/09/1998)
20 RESPONSE by Macon Co Greyhnd Pk to [19-1] motion to Strike affidavit of Scott Graef by EEOC, [19-2] motion a continuance in order to take the deposition of Scott Graef by EEOC referred to Judge Myron H. Thompson (cc) (Entered: 07/10/1998)

4 of 7

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CM/ECF - U.S. District Court: ALMD - Docket Report

https://ecf.almd.uscourts.gov/cgi-bin/DktRpt.pl?674006026383181-L_9...

07/13/1998 07/15/1998 07/15/1998 07/17/1998 07/29/1998 07/31/1998
08/07/1998 08/11/1998 08/11/1998
08/11/1998

21 Notice Concerning Settlement Conference and Mediation filed by EEOC, Macon Co Greyhnd Pk, Lisa Flaherty referred to Judge Myron H. Thompson (cc) (Entered: 07/14/1998)
Tele-conference held before Judge Myron H. Thompson (cc) (Entered: 07/15/1998)
22 ORDER granting [19-1] motion to Strike and [19-2] motion for continuance to the extent that the parties are to arrange for the depositions of plaintiff Lisa Flaherty and witness Scott Graef on July 16 and 17, 1998; denying said motions in all other respects ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 07/15/1998)
23 ORDER setting Mediation Scheduling Conference for 8:30 7/23/98 by conference call to be arranged by counsel for the plaintiff ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 07/17/1998)
24 MEMORANDUM by EEOC in response to [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk (w/Exhibits A-P filed under SEPARATE COVER); referred to Judge Myron H. Thompson (cc) (Entered: 07/30/1998)
25 ORDER setting Mediation Conference on 8/18/98 at 2:00 p.m., in the Chambers of United States Magistrate Judge John L. Carroll, Room 312, The Frank M. Johnson, Jr. Federal Building and United States Courthouse, Montgomery, AL; the court will allow three (3) hours for the conference; ; on or before the close of business on 8/14/98, the parties shall provide the undersigned judge with a confidential mediation conference statement, as further set out; setting Mediation Notice deadline to 8/14/98 ; counsel and the parties or a representative with authority to settle the case are directed to appear at the mediation conference ( signed by Mag. Judge John L. Carroll ); copies mailed to counsel; furnished to MT, STAN (dkt clerk) (Entered: 07/31/1998)
26 MOTION by Macon Co Greyhnd Pk to Strike Exhibits A,C,K,L,N,O & P of [24-1] opposition memorandum by EEOC ; referred to Judge Myron H. Thompson (cc) (Entered: 08/07/1998)
27 ORDER denying [26-1] motion to Strike Exhibits A,C,K,L,N,O & P of [24-1] opposition memorandum by EEOC; parties are to submit by no later 8/21/98, briefs on whether the evidence at issue is admissible; setting Brief deadline to 8/21/98 ; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel (dkt clerk) (Entered: 08/11/1998)
28 ORDER setting Rule 16 Scheduling Order Deadlines: Pretrial Conference for 9:15 a.m., 9/14/98, in Chambers at the Federal Courthouse in Opelika, AL before Judge Myron H. Thompson; Jointly Proposed Pretrial Order due 9/12/98, as further set out; Jury Trial and selection set for 10/26/98, in Opelika, AL, before Judge Myron H. Thompson; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel; furnished to MT, TW, CAC (dkt clerk) (Entered: 08/11/1998)
29 REPLY BRIEF by Macon Co Greyhnd Pk to [24-1] response to motion for summary judgment by EEOC (w/Exhibits 1-2 attached); referred to Judge Myron H. Thompson (cc) (Entered: 08/12/1998)

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08/18/1998 08/19/1998 08/21/1998 08/31/1998
08/31/1998 08/31/1998 09/01/1998 09/16/1998 09/16/1998

Mediation Conference held before Mag. Judge John L. Carroll (cc) (Entered: 08/19/1998)
30 ORDER advising that the parties have announced that they have reached a settlement; setting Motion Filing deadline to 8/31/98 for the parties to file a joint motion to dismiss or other appropriate pleadings ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 08/19/1998)
31 ORDER continuing generally the pretrial and trial; denying as moot [14-1] motion for Summary Judgment; terminated deadlines ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie, Tim & Cindy. (cc) (Entered: 08/21/1998)
32 CONSENT DECREE with speccific provisions as follows: This court has full jurisdiction to decide this controversy as to the EEOC and Victoryland. This decree will be in effect for 14 months to allow the parties to complete the terms of the decree; Victoryland will pay Lisa Flaherty the amount agreed to in the Release of Claims upon execution of the Release by Lisa Flaherty, as monetary settlement of this lawsuit & EEOC Charge #130-93-0303; Victoryland will sponsor one day of training on sex discrimination for management & superviors at its Shorter, Alabama facility within 14 months of the date of this order; Victoryland will immediately post the Notice of Non-discrimination attached as Exhibit A in a prominent and conspicuous place, visable to all employees at said facility; Victoryland shall not retaliate in any manner against Lisa Flaherty or any person who participated in this lawsuit or investigation; the defendant shall provide Lisa Flaherty with a reference for any future employers requesting a reference by sending a letter as outlined in Exhibit B; each party shall bear it own costs and attorney fees; if the terms of this decree are violated or breached, the parties shall have the right to petition the court for further orders, adjudication and relief in this matter ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 08/31/1998)
Case closed (cc) (Entered: 09/02/1998)
Case reopened (dkt clerk) (Entered: 09/16/1998)
33 JOINT STIPULATION of dismissal; referred to Judge Thompson (cc) (Entered: 09/02/1998)
34 ORDER that this cause is dismissed with prejudice as to said parties, with the parties to bear their own expenses, costs, and attorney's fees; terminating [33-1] dismiss/dismissal stipulation; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel (dkt clerk) (Entered: 09/16/1998)
Case closed (dkt clerk) (Entered: 09/16/1998)

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[CONTENT] Birmingham | EEOC | the U.S. District Court | the Alabama Middle District | Macon County | Victoryland ||| October 1997 | Title VII ||| One | December 1, 1997 ||| June 1998 | August 1998 ||| August 31, 1998 ||| Defendant | one day [SUMMARY] The Birmingham office of the EEOC brought this action in the U.S. District Court for the Alabama Middle District against Macon County Greyhound Park, d/b/a Victoryland.  The complaint was filed in October 1997 alleging violations of Title VII for pregnancy and sex discrimination.  One employee was allowed to intervene in the suit on December 1, 1997.  Defendant filed for summary judgment in June 1998 but in August 1998 the parties entered a consent decree and the motion was denied as moot. 

The parties entered into a consent decree on August 31, 1998. The Defendant was required to pay the charging party an agreed upon amount, sponsor one day of sex discrimination training for its managers and supervisors, post a notice of non-discrimination at its facility, not retaliate against plaintiff or anyone involved in the suit, and provide the charging party with a neutral employment reference.

