Case: EEOC v. MOUNT CARMEL, LLC

2:03-cv-00898 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Sept. 5, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 5, 2003, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Eastern District Court of Wisconsin, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Mount Carmel, LLC. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the plaintiff-intervenor in re…

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

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

Summary Authors

Perry Miska (5/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12005673/parties/equal-employment-opportunity-commission-v-mount-carmel-llc/


Judge(s)

Goodstein, Aaron E. (Wisconsin)

Attorney for Plaintiff

Dreiband, Eric S. (District of Columbia)

Kamp, Jean P. (Illinois)

Attorney for Defendant

Jr, Joseph J (Wisconsin)

Expert/Monitor/Master/Other

Kelly, Walter F. (Wisconsin)

Documents in the Clearinghouse

Documents in this case

2:03-cv-00898

Docket

EEOC v. Mount Carmel LLC

Oct. 8, 2004

Oct. 8, 2004

Docket
1

2:03-cv-00898

Complaint

EEOC v. Mount Carmel, LLC

Sept. 15, 2003

Sept. 15, 2003

Complaint
30

2:03-cv-00898

Plaintiff-Intervenor Complaint

EEOC v. Mount Carmel, LLC

Feb. 12, 2004

Feb. 12, 2004

Complaint
40

2:03-cv-00898

Consent Decree and Order

EEOC v. Mount Carmel

Oct. 7, 2004

Oct. 7, 2004

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12005673/equal-employment-opportunity-commission-v-mount-carmel-llc/

Last updated Sept. 29, 2026, 9:49 p.m.

Docket for: Equal Employment Opportunity Commission v. Mount Carmel LLC
ECF Number Date Description Link
1 Sept. 15, 2003

COMPLAINT with jury demand; Consent Forms Distributed for Magistrate Judge Goodstein. Notice of designation for electronic filing distributed.(vlh, ) PDF disk received from filer on 9/18/2003 (vlh, ).

RECAP
2 Sept. 18, 2003

Docket Annotation - Letter mailed to attorney Robert F. Tomlinson regarding signature format. (vlh, )

RECAP
3 Sept. 29, 2003

CONSENT to Jurisdiction by US Magistrate Judge by Defendant Mount Carmel LLC (kmm, ) (Entered: 09/30/2003)

RECAP
4 Sept. 30, 2003

CERTIFICATE of Interest by Defendant Mount Carmel LLC (Roby, Joseph)

RECAP
5 Oct. 1, 2003

CERTIFICATE OF SERVICE by Defendant Mount Carmel LLC (Amended) (Roby, Joseph)

RECAP
6 Oct. 27, 2003

ANSWER to Complaint by Mount Carmel LLC.(Roby, Joseph)

RECAP
7 Oct. 27, 2003

MOTION for Partial Summary Judgment by Defendant Mount Carmel LLC. (Roby, Joseph)

RECAP
8 Oct. 27, 2003

BRIEF in Support re 7 MOTION for Partial Summary Judgment and Proposed Findings of Fact filed by Defendant Mount Carmel LLC. (Roby, Joseph)

RECAP
9 Oct. 27, 2003

DECLARATION of Richard J. Rau (Roby, Joseph)

RECAP
10 Nov. 4, 2003

ORDER (JPS) Order entered on 11-4-03 that parties must confer within 21 days of this order and on or before December 12, 2003, file with the court a joint report along with a proposed scheduling order for the court's signature. (cc: all counsel)(Blackburn, Pat)

RECAP
11 Nov. 13, 2003

CONSENT to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission (cms, ) Additional attachment(s) added on 11/21/2003 (vlh, ). (Entered: 11/14/2003)

RECAP
12 Nov. 14, 2003

Docket Annotation, mailed a copy to Mr. Tomlinson re: a disk in PDF format for the consent form filed. (cms, )

RECAP
13 Dec. 1, 2003

ORDER REASSIGNING CASE ON CONSENT. Case reassigned to Magistrate Judge Aaron E Goodstein for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(Blackburn, Pat)

RECAP
14 Dec. 5, 2003

STIPULATION AND ORDER by Judge Aaron E Goodstein that complainant-intervener Suzanne Whitty may intervene in this action; Suzanne Whitty rep by Walter F Kelly added (cc: all counsel)(vkb) (Entered: 12/08/2003)

RECAP
15 Dec. 5, 2003

STIPULATION AND ORDER by Judge Aaron E Goodstein; IT IS ORDERED that the parties plaintiff and intervener shall respond to defendt's Motion for Partial Summary Judgment on or before 12/15/03; and defendant shall reply to their responses on or before 12/29/03 (cc: all counsel)(vkb) (Entered: 12/08/2003)

RECAP
16 Dec. 8, 2003

LETTER from clerk to intervening plaintiff requesting return of the consent to magistrate no later than 12/19/03 (vkb)

RECAP
17 Dec. 19, 2003

CONSENT to Jurisdiction by US Magistrate Judge by intervening plaintiff Suzanne Whitty (kmm)Document scanned on 12/22/2003 and text modified (vkb)

RECAP
18 Dec. 19, 2003

REQUEST by Attorney Kelly to continue paper filing in this case rather than electronically filing.(kmm) Document scanned on 12/22/2003 (vkb)

RECAP
Dec. 19, 2003

MARGIN ORDER permitting Attorney Walter F. Kelly to continue paper filing. For the reasons stated, Attorney Kelly is given permission to file documents conventionally. All other parties shall provide Kelly with pleadings or other documents conventionally according to the Rules of Civil Procedure.Signed by Judge Aaron E Goodstein on 12/19/03. (cc: all counsel)(Goodstein, Aaron)

PACER
Dec. 19, 2003

MARGIN ORDER permitting Attorney Walter F. Kelly to continue paper filing. For the reasons stated, Attorney Kelly is given permission to file documents conventionally. All other parties shall provide Kelly with pleadings or other documents conventionally according to the Rules of Civil Procedure.Signed by Judge Aaron E Goodstein on 12/19/03. (cc: all counsel)(Goodstein, Aaron)

19 Dec. 30, 2003

NOTICE of Hearing: (cc: all counsel)Telephone Scheduling Conference set for 1/28/2004 at8:30 AM before Magistrate Judge Aaron E Goodstein; Rule 26(f) report to be filed no later than 1/12/04(vkb)

RECAP
Dec. 30, 2003

Copy of Notice of Hearing 19 sent via U.S. Mail to Atty. Walter Kelly (vkb)

PACER
Dec. 30, 2003

Copy of Notice of Hearing 19 sent via U.S. Mail to Atty. Walter Kelly (vkb)

20 Jan. 13, 2004

JOINT REPORT of Rule 26(f) Plan and Proposed Scheduling Order by Equal Employment Opportunity Commission, Mount Carmel LLC (kah, ) (Entered: 01/14/2004)

RECAP
21 Jan. 15, 2004

BRIEF in Opposition re 7 defendant's MOTION for Partial Summary Judgment filed by plaintiff Suzanne Whitty (vkb)

RECAP
22 Jan. 15, 2004

DECLARATION of Suzanne T. Whitty (vkb)

RECAP
23 Jan. 15, 2004

DECLARATION of Walter F. Kelly (vkb)

RECAP
24 Jan. 16, 2004

BRIEF in Opposition re 7 MOTION for Partial Summary Judgment EEOC's Memorandum in Opposition to Defendant's Motion for Partial Summary Judgment filed by all plaintiffs. (Tomlinson, Robert)

RECAP
25 Jan. 16, 2004

CERTIFICATE OF SERVICE by all plaintiffs Electronic Certificate of Service (Tomlinson, Robert)

RECAP
26 Jan. 19, 2004

REPLY BRIEF in Support re 7 MOTION for Partial Summary Judgment with attached certificate of service filed by Mount Carmel LLC. (Roby, Joseph)

RECAP
27 Jan. 28, 2004

Minute Entry for proceedings held before Judge Aaron E Goodstein : Scheduling Conference held on 1/28/2004; for reasons stated on the record, defendant's motion for partial summary judgment is DENIED without prejudice; motions to amend the pleadings to be filed no later than 2/13/04; plaintiff shall disclose expert witnesses no later than 6/09/04; defendant shall disclose expert witnesses no later than 8/09/04; plaintiff shall disclose any rebuttal expert witnesses no later than 9/11/04; discovery deadline set for 10/15/04; telephone scheduling conference set for 8:30am on 10/20/04(Tape #8:34:36 - 8:57:00) (vkb) (Entered: 01/29/2004)

RECAP
28 Jan. 29, 2004

SCHEDULING ORDER: by Judge Aaron E Goodstein; see hearing minutes (cc: all counsel)(vkb) (Entered: 01/30/2004)

RECAP
29 Feb. 12, 2004

Document filed in error, see #30 for correct entry (vkb) Modified on 2/13/2004 (vkb) (Entered: 02/13/2004)

RECAP
30 Feb. 12, 2004

INTERVENOR COMPLAINT with Jury Demand; adding defendants Benedictine Health System, Inc., Richard J. Rau and John Doe;(vkb) (Entered: 02/13/2004)

RECAP
Feb. 13, 2004

Docket Annotation; entry #29 filed in error, text of entry has been changed to reflect that (vkb)

PACER
Feb. 13, 2004

Docket Annotation; entry #29 filed in error, text of entry has been changed to reflect that (vkb)

31 Feb. 18, 2004

ANSWER to Intervenor Complaint by Mount Carmel, LLC, by Benedictine Health System, Inc., and by Richard J Rau.(Roby, Joseph)

RECAP
32 Feb. 18, 2004

LETTER from clerk to defendants Rau and Benedictine Health System requesting that the consent to magistrate form be filed no later than 3/03/04 (vkb)

RECAP
Feb. 18, 2004

Attorney Joseph J Roby added for defendant Benedictine Health System Inc (vkb)

PACER
Feb. 18, 2004

Attorney Joseph J Roby added for defendant Benedictine Health System Inc (vkb)

33 Feb. 20, 2004

CONSENT to Jurisdiction by US Magistrate Judge by defendants Benedictine Health System Inc and Richard J Rau (vkb) (Entered: 02/23/2004)

RECAP
34 June 29, 2004

Defendants Mount Carmel LLC's, Benedictine Health System Inc.'s, Rau's, and Daehn's ANSWER to Complaint Intervernor's Amended Complaint by all defendants.(Roby, Joseph)

RECAP
35 July 1, 2004

AMENDED COMPLAINT with Jury Demand filed by intervening plaintiff Suzanne Whitty; adding defendant Richard Daehn(vkb)

RECAP
36 July 1, 2004

ACKNOWLEDGEMENT OF SERVICE by defendant Richard Daehn of the amended complaint filed by intervenor plaintiff Suzanne Whitty (vkb)

RECAP
37 July 1, 2004

CONSENT to Jurisdiction by US Magistrate Judge by defendant Richard Daehn (vkb)

RECAP
38 Aug. 11, 2004

MOTION for Leave to File Excess Pages for Summary Judgment Motion Brief by all defendants. (Roby, Joseph)

RECAP
39 Aug. 11, 2004

CERTIFICATE by all defendants Pursuant to L.R. 7.1(a)(2) (Roby, Joseph)

RECAP
Aug. 13, 2004

MARGIN ORDER re: 38 Motion to file Excess Pages signed by Judge Aaron E. Goodstein on 8/13/2004. As stated in the Scheduling Order of January 29, 2004, the court will discuss the filing dates and procedures for summary judgment motions at the October 20, 2004 telephone scheduling conference. It is also the court's practice to inquire into the general nature of the motions. At times, the parties to an action mutually agree to narrow the issues in dispute, which would affect the nature of the summary judgment motion. The court will give due consideration of the defendant's request for an oversize brief at that time. The motion will be held in abeyance.(cc: all counsel)(Goodstein, Aaron)

PACER
Aug. 13, 2004

MARGIN ORDER re: 38 Motion to file Excess Pages signed by Judge Aaron E. Goodstein on 8/13/2004. As stated in the Scheduling Order of January 29, 2004, the court will discuss the filing dates and procedures for summary judgment motions at the October 20, 2004 telephone scheduling conference. It is also the court's practice to inquire into the general nature of the motions. At times, the parties to an action mutually agree to narrow the issues in dispute, which would affect the nature of the summary judgment motion. The court will give due consideration of the defendant's request for an oversize brief at that time. The motion will be held in abeyance.(cc: all counsel)(Goodstein, Aaron)

40 Oct. 7, 2004

CONSENT DECREE by Judge Aaron E Goodstein; Mount Carmel shall pay to Ms. Whitty $27,500 for alleged past and future lost payroll income; Mount Carmel further agrees to pay Ms. Whitty $150,000 for all other forms of alleged damages, including emotional distress and reputation damages and to pay her attorney, Walter F. Kelly, $80,000 for reasonable attorney's fees, costs and other litigation expenses; see decree for further details (cc: all counsel)(vkb) (Entered: 10/08/2004)

RECAP
Oct. 8, 2004

Copy of Consent Decree 40 sent via U.S. Mail to Atty. Dreiband (vkb)

PACER
Oct. 8, 2004

Copy of Consent Decree 40 sent via U.S. Mail to Atty. Dreiband (vkb)

Case Details

State / Territory:

Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee who was discharged in retaliation for her opposition to sexual harassment.

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Benedictine Health System Inc.

John Doe

Mount Carmel LLC

Richard Daehn

Richard J Rau

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Wisconsin 2:03-cv-00898

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 257,500

Order Duration: 2004 - 2006

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Private Party intervened in EEOC suit

Recommended Citation