Case: EEOC v. Guardsmark, LLC

2:13-cv-15229 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 24, 2013

Closed Date: Sept. 6, 2017

Clearinghouse coding complete

Case Summary

In December 2013, the Detroit field office of the EEOC brought this suit against Guardsmark in the U.S. District Court for the Eastern District of Michigan, under Title VII of the Civil Rights Act of 1964. The complaint alleged that an employee who worked as a security guard for Guardsmark observed a co-worker using the security cameras to zoom in on women's private parts on a number of occasions. He complained to the co-worker and also informed a female victim. After that incident, he was dis…

In December 2013, the Detroit field office of the EEOC brought this suit against Guardsmark in the U.S. District Court for the Eastern District of Michigan, under Title VII of the Civil Rights Act of 1964. The complaint alleged that an employee who worked as a security guard for Guardsmark observed a co-worker using the security cameras to zoom in on women's private parts on a number of occasions. He complained to the co-worker and also informed a female victim. After that incident, he was discharged by his employer. EEOC alleged that Guardsmark deprived the employee of equal employment opportunities. EEOC asked the court for: (a) a permanent injunction enjoining Guardsmark from engaging in sexual discrimination and perpetuating a sexual hostile work environment, and retaliating against any employee who opposes such behaviors; (b) an order requiring Guardsmark to institute and carry out policies, practices and programs that provide equal employment opportunities; (c) to order Guardsmark to compensate the discharged employee; and (d) to pay punitive damages. The employee also filed his complaint against Guardsmark as an intervenor plaintiff claiming loss and damages.

In 2015, motions for partial summary judgment were put before the court by the EEOC, plaintiff-intervenor, and defendant. On April 8, 2016, District Judge Victoria A. Roberts denied all of them.

In its motion for summary judgment, Guardsmark argued plaintiffs did not have standing because Title VII does not protect employees from retaliation for opposing discrimination against non-employees. The Court found Plaintiff had standing because a reasonable worker might be dissuaded from opposing sexually inappropriate conduct in the workplace if he knew that he would be fired. Whether or not the underlying claim of sexual harassment had merit is unimportant the Court stated, because the employee engaged in protected activity by opposing what he believed was unlawful sexual harassment by another security guard.

The EEOC and plaintiff-intervenor sought summary judgment because they had presented direct evidence of discrimination and retaliation and there were no issues of fact remain to be decided. The Court denied their motions because it found that genuine issues of material fact remained, including whether Guardsmark knew at the time plaintiff-intervenor was removed, that he had engaged in protected activity, and whether Guardsmark’s business reasons for removing plaintiff-intervenor from his position were sufficient to warrant removal or were instead pretextual.

Meanwhile, the parties had been engaged in settlement negotiations, which led to a consent decree on September 9, 2016, which the Court approved the same day.

The consent decree was to last one year. It provided that Guardsmark would not retaliate against any employee who opposed discriminatory practices made unlawful by Title VII, filed a charge of discrimination or assisted or participated in the filing of such a charge, or assisted or participates in an investigation or proceeding brought under federal laws prohibiting discrimination or retaliation. Additionally, Guardsmark would post a notice for one year informing readers that retaliation and discrimination were illegal under Title VII and listing the EEOC's contact number. Guardsmark would also pay $115,000 in monetary relief to plaintiff-intervenor: $36,641.80, in back pay, $36,641.80 in compensatory damages, and $41,716.40 in attorneys’ fees. Guardsmark also agreed to provide training to employees on sexual harassment and retaliation.

An amended consent decree, with no significant changes, was entered on September 16, 2016. The consent decree ran its course without any further litigation, and the case is now closed.

Summary Authors

Kowa Takata (9/24/2014)

Michael Beech (3/31/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5454217/parties/equal-employment-opportunity-commission-v-guardsmark-llc/


Judge(s)

Majzoub, Mona K. (Michigan)

Roberts, Victoria A. (Michigan)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Campbell, Nedra D. (Michigan)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Buratto, Donelle Renee (Michigan)

Cattel, Thomas A. (Michigan)

Glazek, Stephen E. (Michigan)

Stothers, Melonie L. (Michigan)

Other Attorney(s)

Active

Judge(s)

Majzoub, Mona K. (Michigan)

Roberts, Victoria A. (Michigan)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Campbell, Nedra D. (Michigan)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Buratto, Donelle Renee (Michigan)

Cattel, Thomas A. (Michigan)

Glazek, Stephen E. (Michigan)

Stothers, Melonie L. (Michigan)

Other Attorney(s)

Macey, Edward Alan (Michigan)

Salvatore, Jennifer B. (Michigan)

Documents in the Clearinghouse

Document

2:13-cv-15229

Docket [PACER]

EEOC v. Guardsmark

Sept. 16, 2016

Sept. 16, 2016

Docket
1

2:13-cv-15229

Complaint and Jury Demand

EEOC v. Guardsmark

Dec. 24, 2013

Dec. 24, 2013

Complaint

13-cv-00205

EEOC Sues Guardsmark for Retaliation

No Court

Dec. 24, 2013

Dec. 24, 2013

Press Release
14

2:13-cv-15229

Intervenor Complaint

EEOC v. Guardsmark

June 10, 2014

June 10, 2014

Complaint
19

2:13-cv-15229

Amended Intervenor Complaint

EEOC v. Guardsmark

July 9, 2014

July 9, 2014

Complaint
62

2:13-cv-15229

Order Denying Motions for Summary Judgment

EEOC v. Guardsmark

April 8, 2016

April 8, 2016

Order/Opinion
73

2:13-cv-15229

Consent Decree

EEOC v. Guardsmark

Sept. 6, 2016

Sept. 6, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5454217/equal-employment-opportunity-commission-v-guardsmark-llc/

Last updated Aug. 30, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Equal Employment Opportunity Commission against Guardsmark, LLC with Jury Demand. Plaintiff requests summons issued. No Fee Required - US Government. County of 1st Plaintiff: USA - County Where Action Arose: Oakland - [Previously dismissed case: No] [Possible companion case(s): None] (Campbell, Nedra) (Entered: 12/24/2013)

Dec. 24, 2013

Dec. 24, 2013

PACER
2

SUMMONS Issued for *Guardsmark, LLC* (TMcg) (Entered: 12/24/2013)

Dec. 24, 2013

Dec. 24, 2013

PACER
3

MOTION to Intervene by Christopher Smith. (Salvatore, Jennifer) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
4

ATTORNEY APPEARANCE: Melonie L. M. Stothers appearing on behalf of All Defendants (Stothers, Melonie) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
5

ATTORNEY APPEARANCE: Stephen E. Glazek appearing on behalf of All Defendants (Glazek, Stephen) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
6

ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Paul D. Borman to District Judge Victoria A. Roberts. (SSch) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER

Set/Reset Deadlines as to 3 MOTION to Intervene. Response due by 1/27/2014; Reply due by 2/3/2014. (Monda, H)

Jan. 16, 2014

Jan. 16, 2014

PACER
7

ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge Mark A. Randon to Magistrate Judge Mona K. Majzoub. (SSch) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
8

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Campbell, Nedra) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
9

RESPONSE to 3 MOTION to Intervene and Brief in Support filed by All Defendants. (Stothers, Melonie) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
10

ANSWER to Complaint with Affirmative Defenses by All Defendants. (Stothers, Melonie) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
11

REPLY to Response re 3 MOTION to Intervene filed by Christopher Smith. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Email) (Salvatore, Jennifer) (Entered: 02/03/2014)

1 Exhibit Complaint

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2 Exhibit Email

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Feb. 3, 2014

Feb. 3, 2014

PACER
12

ORDER granting 3 Motion to Intervene. Signed by District Judge Victoria A. Roberts. (KKra) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
13

NOTICE TO APPEAR: Scheduling Conference set for 8/14/2014 02:30 PM before District Judge Victoria A. Roberts SEE NOTICE FOR DETAILS (CPin) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
14

INTERVENOR COMPLAINT filed by Christopher Smith against Guardsmark, LLC. (Salvatore, Jennifer) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER

REQUEST for SUMMONS for General Dynamics Corporation. (Salvatore, Jennifer)

June 11, 2014

June 11, 2014

PACER
15

SUMMONS Issued for *General Dynamics Corporation, Guardsmark, LLC* (TMcg) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
16

CERTIFICATE of Service/Summons Returned Executed. Guardsmark, LLC served on 6/12/2014, answer due 7/3/2014. (Attachments: # 1 Document Continuation email) (Salvatore, Jennifer) (Entered: 06/17/2014)

1 Document Continuation email

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June 17, 2014

June 17, 2014

PACER
17

CERTIFICATE of Service/Summons Returned Executed. General Dynamics Corporation served on 6/13/2014, answer due 7/7/2014. (Salvatore, Jennifer) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
18

ANSWER to Intervenor Complaint with Affirmative Defenses by Guardsmark, LLC. (Stothers, Melonie) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
19

AMENDED COMPLAINT with Jury Demand previously filed - filed by Christopher Smith against All Defendants. NO NEW PARTIES ADDED. (Salvatore, Jennifer) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER

REQUEST for SUMMONS for General Dynamics Land Systems, Inc.. (Salvatore, Jennifer)

July 9, 2014

July 9, 2014

PACER
20

SUMMONS Issued for *General Dynamics Land Systems, Inc.* (TMcg) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
21

ANSWER to Amended Complaint with Affirmative Defenses by Guardsmark, LLC. (Stothers, Melonie) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
22

ANSWER to Amended Complaint with Affirmative Defenses by General Dynamics Land Systems, Inc.. (Cattel, Thomas) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
23

NOTICE of Appearance by Donelle Renee Buratto on behalf of General Dynamics Land Systems, Inc.. (Buratto, Donelle) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
24

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Campbell, Nedra) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER

TEXT-ONLY NOTICE: Scheduling Conference on 8/14/14 at 2:30 is Cancelled. The Court will issue a scheduling order. (LVer)

Aug. 7, 2014

Aug. 7, 2014

PACER
25

SCHEDULING ORDER PHASE I: Settlement Conference set for 4/13/2015 at 2:00 PM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
26

NOTICE of Appearance by Edward A. Macey on behalf of Christopher Smith. (Macey, Edward) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
27

Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Campbell, Nedra) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
28

WITNESS LIST by Christopher Smith (Salvatore, Jennifer) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
29

WITNESS LIST by Guardsmark, LLC (Stothers, Melonie) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
30

WITNESS LIST by General Dynamics Land Systems, Inc. (Buratto, Donelle) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
31

STIPULATED ORDER of Dismissal of General Dynamics Land Systems, Inc. only. Signed by District Judge Mark A. Goldsmith. (SSch) (Entered: 11/17/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
32

MOTION for Protective Order by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Campbell Email, # 3 Exhibit Thomas Notice, # 4 Exhibit 30(b)(6) Notice, # 5 Exhibit Stothers Email) (Stothers, Melonie) (Entered: 02/27/2015)

1 Index of Exhibits

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2 Exhibit Campbell Email

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3 Exhibit Thomas Notice

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4 Exhibit 30(b)(6) Notice

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5 Exhibit Stothers Email

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Feb. 27, 2015

Feb. 27, 2015

PACER
33

NOTICE of Telephone Conference on Pending Motion. (LVer) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
34

ORDER. (see image for details and dates) Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
35

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 32 MOTION for Protective Order filed by Guardsmark, LLC. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
36

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 32 MOTION for Protective Order filed by Guardsmark, LLC. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 3/5/2015 (CPin)

March 5, 2015

March 5, 2015

PACER
37

Notice of Determination of Motion Without Oral Argument re 32 MOTION for Protective Order (LBar) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
38

RESPONSE to 32 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Campbell, Nedra) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
39

NOTICE by Guardsmark, LLC of withdrawal of 32 MOTION for Protective Order . (Stothers, Melonie) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
40

NOTICE by Christopher Smith Withdrawal of Attorney of Record Edward A. Macey (Salvatore, Jennifer) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
41

ORDER Granting Withdrawal of Attorney. Signed by District Judge Victoria A. Roberts. (SSch) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
42

NOTICE by Equal Employment Opportunity Commission of Completion of Discovery (Campbell, Nedra) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
43

ORDER REFERRING OTHER MATTERS to Magistrate Judge Majzoub : Conduct Settlement Conference. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
44

NOTICE AND ORDER TO APPEAR: Settlement Conference set for 6/18/2015 09:30 AM before Magistrate Judge Mona K. Majzoub (LBar) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
45

NOTICE TO APPEAR: Settlement Conference re-set for 7/29/2015 01:30 PM before Magistrate Judge Mona K. Majzoub (LBar) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
46

AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference re-set for 8/4/2015 09:30 AM before Magistrate Judge Mona K. Majzoub (LBar) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER

Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Settlement Conference held on 8/4/2015. Disposition: NOT SETTLED (LBar)

Aug. 4, 2015

Aug. 4, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 8/21/2015 at 1:30 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

Aug. 18, 2015

Aug. 18, 2015

PACER
47

ORDER Setting Dispositive Motion Briefing. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
48

[STRICKEN] MOTION for Partial Summary Judgment by Christopher Smith. (Salvatore, Jennifer) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
49

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A -- Excerpt of Gardner deposition, # 3 Exhibit B -- Calisi email, # 4 Exhibit C -- Excerpt of Staples deposition, # 5 Exhibit D -- Excerpt of Donna Smith deposition, # 6 Exhibit E -- Excerpt of Dobbin deposition, # 7 Exhibit F -- Excerpt of Smith deposition, # 8 Exhibit G -- Supervisor Achievement Award, # 9 Exhibit H - Payroll Form, # 10 Exhibit I -- Excerpt of Kimbel deposition, # 11 Exhibit J -- Building Guardsmark Form, # 12 Exhibit K -- Excerpt of Steinman deposition, # 13 Exhibit L -- Excerpt of Bowman deposition, # 14 Exhibit M -- Excerpt of Stewart deposition, # 15 Exhibit N -- Uniform Receipt, # 16 Exhibit O -- Excerpt of Kindey Replacement Motion for Summary Judgment, # 17 Exhibit P -- Excerpt from Guardsmark Responses to Interrogatories) (Campbell, Nedra) (Entered: 09/25/2015)

1 Index of Exhibits

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2 Exhibit A -- Excerpt of Gardner deposition

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3 Exhibit B -- Calisi email

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4 Exhibit C -- Excerpt of Staples deposition

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5 Exhibit D -- Excerpt of Donna Smith deposition

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6 Exhibit E -- Excerpt of Dobbin deposition

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7 Exhibit F -- Excerpt of Smith deposition

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8 Exhibit G -- Supervisor Achievement Award

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9 Exhibit H - Payroll Form

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10 Exhibit I -- Excerpt of Kimbel deposition

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11 Exhibit J -- Building Guardsmark Form

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12 Exhibit K -- Excerpt of Steinman deposition

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13 Exhibit L -- Excerpt of Bowman deposition

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14 Exhibit M -- Excerpt of Stewart deposition

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15 Exhibit N -- Uniform Receipt

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16 Exhibit O -- Excerpt of Kindey Replacement Motion for Summary Judgment

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17 Exhibit P -- Excerpt from Guardsmark Responses to Interrogatories

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Sept. 25, 2015

Sept. 25, 2015

PACER
50

MOTION for Summary Judgment by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1 - Smith Dep Transcript, # 3 Exhibit 2 - Employment Agreement, # 4 Exhibit 3 - GOR&I, # 5 Exhibit 4 - Mission Ptp Statement, # 6 Exhibit 5 - Memo - P. Dobbin, # 7 Exhibit 6 - Stewart Dep Transcript, # 8 Exhibit 7 - Dobbin Dep Transcript, # 9 Exhibit 8 - Steinman Dep Transcript, # 10 Exhibit 9 - Statement Control Room Opr, # 11 Exhibit 10 - Memo re CCTV Retraining, # 12 Exhibit 11 - Smith Notes, # 13 Exhibit 12 - Smith Time Line, # 14 Exhibit 13 - email to Taylor, # 15 Exhibit 14 - emails of Smith, # 16 Index of Exhibits Appendix of Cited Case Law, # 17 Exhibit A - Baldwin, # 18 Exhibit B - Barrett, # 19 Exhibit C - Blair, # 20 Exhibit D - Burlington, # 21 Exhibit E - Clark County, # 22 Exhibit F - EEOC, # 23 Exhibit G - Gamel, # 24 Exhibit H - Hamner, # 25 Exhibit I - Hodge, # 26 Exhibit K - Jones, # 27 Exhibit L - Kunzler, # 28 Exhibit M - Lujan, # 29 Exhibit N - Martinez, # 30 Exhibit O - MX Group, # 31 Exhibit P - Niswander, # 32 Exhibit Q - O'Day, # 33 Exhibit R - Russell, # 34 Exhibit S - Wimmer) (Stothers, Melonie) (Entered: 09/25/2015)

1 Index of Exhibits Exhibit List

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2 Exhibit 1 - Smith Dep Transcript

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3 Exhibit 2 - Employment Agreement

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4 Exhibit 3 - GOR&I

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5 Exhibit 4 - Mission Ptp Statement

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6 Exhibit 5 - Memo - P. Dobbin

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7 Exhibit 6 - Stewart Dep Transcript

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8 Exhibit 7 - Dobbin Dep Transcript

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9 Exhibit 8 - Steinman Dep Transcript

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10 Exhibit 9 - Statement Control Room Opr

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11 Exhibit 10 - Memo re CCTV Retraining

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12 Exhibit 11 - Smith Notes

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13 Exhibit 12 - Smith Time Line

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14 Exhibit 13 - email to Taylor

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15 Exhibit 14 - emails of Smith

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16 Index of Exhibits Appendix of Cited Case Law

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17 Exhibit A - Baldwin

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18 Exhibit B - Barrett

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19 Exhibit C - Blair

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20 Exhibit D - Burlington

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21 Exhibit E - Clark County

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22 Exhibit F - EEOC

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23 Exhibit G - Gamel

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24 Exhibit H - Hamner

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25 Exhibit I - Hodge

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26 Exhibit K - Jones

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27 Exhibit L - Kunzler

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28 Exhibit M - Lujan

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29 Exhibit N - Martinez

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30 Exhibit O - MX Group

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31 Exhibit P - Niswander

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32 Exhibit Q - O'Day

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33 Exhibit R - Russell

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34 Exhibit S - Wimmer

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Sept. 25, 2015

Sept. 25, 2015

PACER
51

ORDER Striking 48 Non-Conforming Motion for Partial Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
52

MOTION for Partial Summary Judgment by Christopher Smith. (Salvatore, Jennifer) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
53

RESPONSE to 50 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Excerpt of Smith deposition, # 3 Exhibit B - Excerpt of Dobbin deposition, # 4 Exhibit C - Excerpt of Staples deposition, # 5 Exhibit D - Super Bowl email, # 6 Exhibit E - Excerpt of Bowman deposition, # 7 Exhibit F - Excerpt of Donna Smith deposition, # 8 Exhibit G - Excerpt of Stewart deposition, # 9 Exhibit H - Pictures of security desk, # 10 Exhibit I - Excerpt of Kimble deposition, # 11 Exhibit J - Excerpt of Sexual Harassment policy, # 12 Exhibit K - Dobbin memo to General Counsel, # 13 Exhibit L - Calisi email, # 14 Exhibit M - Declaration Calisi, # 15 Exhibit N - Excerpt of Steinman deposition, # 16 Exhibit O - Excerpt of Gardner deposition, # 17 Exhibit P - Emails between Smith and Bowman) (Campbell, Nedra) (Entered: 10/19/2015)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A - Excerpt of Smith deposition

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3 Exhibit B - Excerpt of Dobbin deposition

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4 Exhibit C - Excerpt of Staples deposition

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5 Exhibit D - Super Bowl email

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6 Exhibit E - Excerpt of Bowman deposition

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7 Exhibit F - Excerpt of Donna Smith deposition

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8 Exhibit G - Excerpt of Stewart deposition

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9 Exhibit H - Pictures of security desk

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10 Exhibit I - Excerpt of Kimble deposition

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11 Exhibit J - Excerpt of Sexual Harassment policy

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12 Exhibit K - Dobbin memo to General Counsel

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13 Exhibit L - Calisi email

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14 Exhibit M - Declaration Calisi

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15 Exhibit N - Excerpt of Steinman deposition

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16 Exhibit O - Excerpt of Gardner deposition

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17 Exhibit P - Emails between Smith and Bowman

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Oct. 19, 2015

Oct. 19, 2015

PACER
54

RESPONSE to 52 MOTION for Partial Summary Judgment, 49 MOTION for Partial Summary Judgment filed by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 15 Excerpts of Transcript from Deposition of Donna Smith, # 3 Exhibit 16 Excerpts of Transcript from Deposition of Ralph Staples, # 4 Exhibit 17 Excerpts of Transcript from Deposition of Mike Kimble, # 5 Exhibit 18 Additional Excerpts of Transcript from Deposition of Peter Dobbin, # 6 Exhibit 19 Additional Excerpts of Transcript from Deposition of Sarah Stewart, # 7 Exhibit 20 Additional Excerpts of Transcript from Deposition of Scott Steinman, # 8 Index of Exhibits Index of Appendices, # 9 Exhibit Appendix T Abbott v Crown Motor Co Inc, # 10 Exhibit Appendix U Bonn v City of Omaha, # 11 Exhibit Appendix V Crowley v Prince Georges County Md, # 12 Exhibit Appendix W Holt v Lewis, # 13 Exhibit Appendix X Trevino v Austin Peay State University MD Ohio) (Stothers, Melonie) (Entered: 10/19/2015)

1 Index of Exhibits

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2 Exhibit 15 Excerpts of Transcript from Deposition of Donna Smith

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3 Exhibit 16 Excerpts of Transcript from Deposition of Ralph Staples

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4 Exhibit 17 Excerpts of Transcript from Deposition of Mike Kimble

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5 Exhibit 18 Additional Excerpts of Transcript from Deposition of Peter Dobbin

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6 Exhibit 19 Additional Excerpts of Transcript from Deposition of Sarah Stewart

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7 Exhibit 20 Additional Excerpts of Transcript from Deposition of Scott Steinman

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8 Index of Exhibits Index of Appendices

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9 Exhibit Appendix T Abbott v Crown Motor Co Inc

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10 Exhibit Appendix U Bonn v City of Omaha

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11 Exhibit Appendix V Crowley v Prince Georges County Md

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12 Exhibit Appendix W Holt v Lewis

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13 Exhibit Appendix X Trevino v Austin Peay State University MD Ohio

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Oct. 19, 2015

Oct. 19, 2015

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RESPONSE to 50 MOTION for Summary Judgment filed by Christopher Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Chris Smith Dep. Transcript, # 3 Exhibit P. Dobbin Dep. Transcript, # 4 Exhibit M. Kimble Dep. Transcript, # 5 Exhibit S. Steinman Dep. Transcript, # 6 Exhibit R. Staples Dep. Transcript, # 7 Exhibit J. Bowman Dep. Transcript, # 8 Exhibit D. Smith Dep. Transcript, # 9 Exhibit S. Stewart Dep. Transcript, # 10 Exhibit Declaration of Patti Calisi, # 11 Exhibit Calisi email to Bucksbaum, # 12 Exhibit Guardsmark Annual Instruction, # 13 Exhibit General Order Regulations and Instructions, # 14 Exhibit Guardsmark's Sexual Harassment Policy, # 15 Exhibit Hager v. Warren Consol. Sch., # 16 Exhibit Bennani v. Dept. of Mgt. and Budget, # 17 Exhibit Moore v. Countryside Care Ctr., # 18 Exhibit Propps v. 9008 Group, Inc.) (Salvatore, Jennifer) (Entered: 10/19/2015)

1 Index of Exhibits

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2 Exhibit Chris Smith Dep. Transcript

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3 Exhibit P. Dobbin Dep. Transcript

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4 Exhibit M. Kimble Dep. Transcript

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5 Exhibit S. Steinman Dep. Transcript

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6 Exhibit R. Staples Dep. Transcript

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7 Exhibit J. Bowman Dep. Transcript

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8 Exhibit D. Smith Dep. Transcript

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9 Exhibit S. Stewart Dep. Transcript

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10 Exhibit Declaration of Patti Calisi

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11 Exhibit Calisi email to Bucksbaum

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12 Exhibit Guardsmark Annual Instruction

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13 Exhibit General Order Regulations and Instructions

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14 Exhibit Guardsmark's Sexual Harassment Policy

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15 Exhibit Hager v. Warren Consol. Sch.

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16 Exhibit Bennani v. Dept. of Mgt. and Budget

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17 Exhibit Moore v. Countryside Care Ctr.

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18 Exhibit Propps v. 9008 Group, Inc.

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Oct. 19, 2015

Oct. 19, 2015

PACER
56

REPLY to Response re 50 MOTION for Summary Judgment (Smith's Response) filed by Guardsmark, LLC. (Stothers, Melonie) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
57

REPLY to Response re 49 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A -- Chart of mischaracterizations, # 3 Exhibit B -- Excerpt of Donna Smith deposition, # 4 Exhibit C -- Excerpt of Dobbin deposition, # 5 Exhibit D -- Excerpt of Staples deposition, # 6 Exhibit E -- Excerpt of Guardsmark sexual harassment policy, # 7 Exhibit F -- Excerpt of Sarah Stewart deposition, # 8 Exhibit G -- Guardsmark confidential information policy, # 9 Exhibit H -- Excerpt of Steinman deposition, # 10 Exhibit I -- Excerpt of Chris Smith deposition) (Campbell, Nedra) (Entered: 11/05/2015)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A -- Chart of mischaracterizations

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3 Exhibit B -- Excerpt of Donna Smith deposition

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4 Exhibit C -- Excerpt of Dobbin deposition

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5 Exhibit D -- Excerpt of Staples deposition

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6 Exhibit E -- Excerpt of Guardsmark sexual harassment policy

View on PACER

7 Exhibit F -- Excerpt of Sarah Stewart deposition

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8 Exhibit G -- Guardsmark confidential information policy

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9 Exhibit H -- Excerpt of Steinman deposition

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10 Exhibit I -- Excerpt of Chris Smith deposition

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Nov. 5, 2015

Nov. 5, 2015

PACER
58

REPLY to Response re 50 MOTION for Summary Judgment (EEOC's Response) filed by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 21 - Additional Excerpts of Transcript from Deposition of Sarah Stewart, # 3 Exhibit 22 - Additional Excerpts of Transcript from Deposition of Scott Steinman, # 4 Exhibit 23 - Additional Excerpts of Transcript from Deposition of Chris Smith) (Stothers, Melonie) (Entered: 11/05/2015)

1 Index of Exhibits

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2 Exhibit 21 - Additional Excerpts of Transcript from Deposition of Sarah Stewart

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3 Exhibit 22 - Additional Excerpts of Transcript from Deposition of Scott Steinman

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4 Exhibit 23 - Additional Excerpts of Transcript from Deposition of Chris Smith

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Nov. 5, 2015

Nov. 5, 2015

PACER
59

NOTICE of Change of Address/Contact Information by Jennifer B. Salvatore on behalf of Christopher Smith. (Attachments: # 1 Exhibit A - Proposed Order) (Salvatore, Jennifer) (Entered: 03/02/2016)

1 Exhibit A - Proposed Order

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March 2, 2016

March 2, 2016

PACER
60

ORDER Granting Substitution of Counsel. Signed by District Judge Victoria A. Roberts. (SSch) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
61

NOTICE of Change of Address/Contact Information by Melonie L. M. Stothers on behalf of Guardsmark, LLC. (Stothers, Melonie) (Entered: 03/30/2016)

March 30, 2016

March 30, 2016

PACER
62

ORDER Denying 49 Motion for Partial Summary Judgment; Denying 50 Motion for Summary Judgment; and Denying 52 Motion for Partial Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

RECAP

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 4/13/2016 at 11:30 AM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

April 8, 2016

April 8, 2016

PACER
63

SCHEDULING ORDER PHASE II: Status Conference by phone set for 7/14/2016 at 11:00 AM before District Judge Victoria A. Roberts; Jury Trial set for 11/14/2016 at 9:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
64

[DOCKETING ERROR] ORDER REGARDING JOINT FINAL PRETRIAL CONFERENCE AND FINAL PRETRIAL ORDER: Final Pretrial Conference set for 10/31/2016 at 10:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
65

ORDER REGARDING JOINT FINAL PRETRIAL ORDER AND FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 10/31/2016 at 10:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
66

NOTICE of Correction re 64 Order Regarding Joint Final Pretrial Order and Final Pretrial Conference. (LVer) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
67

MOTION for Reconsideration re 62 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A.Excerpts of Transcripts from Deposition of Peter Dobbin, # 3 Exhibit B.Excerpts of Transcript from Deposition of Christopher Smith, # 4 Exhibit C.Memorandum of Peter Dobbin, # 5 Exhibit D.Excerpts of Transcript from Deposition of Sarah Stewart, # 6 Exhibit E.Excerpts of Transcript from Deposition of Scott Steinman, # 7 Exhibit F.Excerpt of Mission Partnership Statement for Guardsmark and GDLS, # 8 Exhibit G.Employment Agreements Between Guardsmark and Christopher Smith, # 9 Exhibit H.Excerpts of Guardsmarks General Orders, Regulations, and Instructions for Uniformed Personnel, # 10 Index of Exhibits List of Cases, # 11 Exhibit 1.Baldwin v. New York, # 12 Exhibit 2.Bonn v. City of Omaha, # 13 Exhibit 3.Clark County School Dist. v. Breeden, # 14 Exhibit 4.Crowley v. Prince Georges County, Md., # 15 Exhibit 5.Hamner v. St. Vincent Hosp. & Health Care Ctr., Inc., # 16 Exhibit 6.Holt v. Lewis, # 17 Exhibit 7.Jones v. St. Jude Med. S.C., Inc., # 18 Exhibit 8.Kunzler v. Canon, U.S.A., Inc., # 19 Exhibit 9.Niswander v. Cincinnati Ins. Co., # 20 Exhibit 10.ODay v McDonnell Douglas Helicopter Co., # 21 Exhibit 11.Trevino v. Austin Peay State University, # 22 Exhibit 12.Wimmer v. Suffolk County Police Dept) (Stothers, Melonie) (Entered: 04/22/2016)

1 Index of Exhibits

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2 Exhibit A.Excerpts of Transcripts from Deposition of Peter Dobbin

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3 Exhibit B.Excerpts of Transcript from Deposition of Christopher Smith

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4 Exhibit C.Memorandum of Peter Dobbin

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5 Exhibit D.Excerpts of Transcript from Deposition of Sarah Stewart

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6 Exhibit E.Excerpts of Transcript from Deposition of Scott Steinman

View on PACER

7 Exhibit F.Excerpt of Mission Partnership Statement for Guardsmark and GDLS

View on PACER

8 Exhibit G.Employment Agreements Between Guardsmark and Christopher Smith

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9 Exhibit H.Excerpts of Guardsmarks General Orders, Regulations, and Instructions

View on PACER

10 Index of Exhibits List of Cases

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11 Exhibit 1.Baldwin v. New York

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12 Exhibit 2.Bonn v. City of Omaha

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13 Exhibit 3.Clark County School Dist. v. Breeden

View on PACER

14 Exhibit 4.Crowley v. Prince Georges County, Md.

View on PACER

15 Exhibit 5.Hamner v. St. Vincent Hosp. & Health Care Ctr., Inc.

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16 Exhibit 6.Holt v. Lewis

View on PACER

17 Exhibit 7.Jones v. St. Jude Med. S.C., Inc.

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18 Exhibit 8.Kunzler v. Canon, U.S.A., Inc.

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19 Exhibit 9.Niswander v. Cincinnati Ins. Co.

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20 Exhibit 10.ODay v McDonnell Douglas Helicopter Co.

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21 Exhibit 11.Trevino v. Austin Peay State University

View on PACER

22 Exhibit 12.Wimmer v. Suffolk County Police Dept

View on PACER

April 22, 2016

April 22, 2016

PACER

Set/Reset Deadlines as to 67 MOTION for Reconsideration re 62 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment: Responses due by 5/2/2016, Reply due by 5/6/2016 (LVer)

April 25, 2016

April 25, 2016

PACER
68

RESPONSE to 67 MOTION for Reconsideration re 62 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A -- Excerpt from Defendant's Motion for Reconsideration, # 3 Exhibit B -- Excerpt from Defendant's Motion for Summary Judgment) (Campbell, Nedra) (Entered: 05/02/2016)

1 Index of Exhibits

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2 Exhibit A -- Excerpt from Defendant's Motion for Reconsideration

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3 Exhibit B -- Excerpt from Defendant's Motion for Summary Judgment

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May 2, 2016

May 2, 2016

PACER
69

REPLY to Response re 50 MOTION for Summary Judgment, 67 MOTION for Reconsideration re 62 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, filed by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit I - C. Smith Timeline, # 3 Exhibit J - Excerpt of Smith Dep Transcript, # 4 Exhibit K- Stothers Response to Campbell Email, # 5 Exhibit L- Smith EEOC Statement, # 6 Exhibit M - Excerpt of S. Stuart Dep Transcript) (Stothers, Melonie) (Entered: 05/06/2016)

1 Index of Exhibits

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2 Exhibit I - C. Smith Timeline

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3 Exhibit J - Excerpt of Smith Dep Transcript

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4 Exhibit K- Stothers Response to Campbell Email

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5 Exhibit L- Smith EEOC Statement

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6 Exhibit M - Excerpt of S. Stuart Dep Transcript

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May 6, 2016

May 6, 2016

PACER
70

Expert WITNESS LIST by Guardsmark, LLC (Stothers, Melonie) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
71

ORDER Denying 67 Guardsmark's Motion for Clarification and Reconsideration or, Alternatively, Certification for Leave to Appeal The Court's Order Denying Guardsmark's Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

RECAP

TEXT-ONLY NOTICE: Telephone conference on 7/14/2016 is Cancelled (CPin)

July 14, 2016

July 14, 2016

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 7/19/2016 02:30 PM before District Judge Victoria A. Roberts Court will initiate call (CPin)

July 15, 2016

July 15, 2016

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 7/19/2016 (CPin)

July 19, 2016

July 19, 2016

PACER
72

NOTICE TO APPEAR: Settlement Conference set for 10/3/2016 02:00 PM before District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
73

CONSENT DECREE. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

RECAP
74

CONSENT DECREE AMENDING AND REPLACING CONSENT DECREE OF SEPTEMBER 9 2016 73 Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 24, 2013

Closing Date: Sept. 6, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a worker.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Guardsmark, LLC (Troy), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 115,000

Order Duration: 2016 - 2017

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit