Case: EEOC v. Donna Salyers' Fabulous Furs Co.

2:03-cv-00113 | U.S. District Court for the Eastern District of Kentucky

Filed Date: May 27, 2003

Closed Date: Oct. 15, 2006

Clearinghouse coding complete

Case Summary

In May 2003 the Louisville, KY office of the EEOC, along with the Indianapolis, IN office, brought this suit against Donna Salyers' Fabulous Furs Company in the U.S. District Court for the Eastern District of Kentucky. The lawsuit arose after four female employees of the company filed charges with the EEOC alleging violations of Title VII by the defendant. In its complaint, the Commission alleged that the defendant subjected the four female employees to sexual harassment and retaliation.The par…

In May 2003 the Louisville, KY office of the EEOC, along with the Indianapolis, IN office, brought this suit against Donna Salyers' Fabulous Furs Company in the U.S. District Court for the Eastern District of Kentucky. The lawsuit arose after four female employees of the company filed charges with the EEOC alleging violations of Title VII by the defendant. In its complaint, the Commission alleged that the defendant subjected the four female employees to sexual harassment and retaliation.

The parties began settlement negotiations in September 2004, and a consent decree was entered in October 2004. The decree awarded the four complainants $45,000.00 in damages. Additionally, the defendant was required to institute anti-harassment training for all its employees, including a computer-based training program. The defendant was required to appoint a Compliance Coordinator who would be responsible for monitoring the defendant's compliance with the decree and submitting an annual compliance report to the EEOC.

Summary Authors

Kevin Wilemon (10/4/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4268082/parties/equal-employment-opportunity-commission-v-donna-salyers-fabulous-furs/


Judge(s)

Bunning, David L. (Kentucky)

Patterson, Peggy E. (Kentucky)

Attorneys(s) for Plaintiff

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Reams, Gwendolyn Young (District of Columbia)

Simpson, Bobby C. (Kentucky)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Hudson, Robert D. (Kentucky)

Judge(s)

Bunning, David L. (Kentucky)

Patterson, Peggy E. (Kentucky)

Attorneys(s) for Plaintiff

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Reams, Gwendolyn Young (District of Columbia)

Simpson, Bobby C. (Kentucky)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Hudson, Robert D. (Kentucky)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company

Oct. 15, 2004 Docket
1

Complaint

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company

May 27, 2003 Complaint
14

Amended Complaint

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company

Oct. 30, 2003 Complaint
23

Agreed Protective Order

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company

Aug. 4, 2004 Order/Opinion
30-1

Consent Decree

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company

Oct. 15, 2004 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268082/equal-employment-opportunity-commission-v-donna-salyers-fabulous-furs/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT 1 summons(es)issued with copy, filed by Equal Employment Opportunity Commission. [No jdg assign sheet would print, page temp unavailable] (Attachments: # 1 civil cover sheet# 2 summons)(RSB) (Entered: 05/28/2003)

2 civil cover sheet

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3 summons

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May 27, 2003 RECAP
2

ANSWER to Complaint by Donna Salyers' Fabulous Furs Company.(RSB) (Entered: 06/16/2003)

June 16, 2003 PACER
3

ENTRY OF APPEARANCE by Atty Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (RSB) (Entered: 08/08/2003)

Aug. 7, 2003 PACER
4

ORDER: Docket Call is set for 8/28/2003 09:00 AM in Covington before David L. Bunning. Signed by Judge David L. Bunning. (JMM) (Entered: 08/14/2003)

Aug. 14, 2003 PACER
5

REPORT of Rule 26(f) Planning Meeting. (RSB) (Entered: 08/27/2003)

Aug. 27, 2003 PACER
6

Minute Entry for docket call proceedings held before Judge David L. Bunning : 1) The Court will submit a scheduling order; 2) Referring pretrial proceedings to Magistrate Judge Patterson per Order of Referral entered concurrently. (Court Reporter Amy Blosser) (RSB) Additional attachment(s) added on 8/29/2003 (Burgett, Rebecca). (Entered: 08/29/2003)

Aug. 28, 2003 PACER
7

ORDER OF REFERRAL to Magistrate Judge Peggy E Patterson for supervision of discovery and pretrial proceedings. Signed by Judge David L. Bunning. (RSB) (Entered: 08/29/2003)

Aug. 28, 2003 PACER
8

NOTICE OF INTENT TO WITHDRAWAL ATTORNEY APPEARANCE by Bobby C. Simpson for Equal Employment Opportunity Commission (Attachments: # 1 proposed order)(RSB) (Entered: 09/04/2003)

2 proposed order

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Sept. 2, 2003 PACER
9

SCHEDULING ORDER: 1) By 9/22/03, ptys shall exchange Rule 26 information; 2) By 6/30/04, plaintiff's counsel shall disclose identity of expert witnesses and def shall do so by 8/15/04; 3) Action will be assigned for preliminary pretrial cnfce after discloses, a time certain to be set by Magistrate Patterson; 4) Any supplmentation of disclosures to be done w/i 30 days of discovery; 5) By 12/1/04, parties shall complete discovery and file status rpt; 6) Referring all discovery disputes to Magistrate Patterson; 7) By 12/30/03, plaintiff shall file any motions to joint ptys to amend pleadings and def shall do so by 1/30/04; 8) By 1/30/05, counsel for parties shall file any dipositive motion; 9) 7 days prior to pretrial cnfnce, parties shall file witness list, exhibit list, pt memo and shall premark exhibits and conduct jury instruction cnfce; 10) Assigning final pretrial cnfce for 4/27/05 at 9:00 a.m. and jury trial on 5/23/05 at 10:00 a.m. w/ counsel to be present at 9:30 a.m. for 5 day trial; Any requests to modify these deadlines shall be by motion. Discovery due by 12/1/2004. Dispositive Motions due by 1/30/2005. Motion to Join Additional Parties due by 1/30/2004. Status Report due by 12/1/2004.. Signed by Judge David L. Bunning. (RSB) (Entered: 09/04/2003)

Sept. 2, 2003 PACER
10

ORDER: Allowing Attorney Bobby C. Simpson to w/d for plaintiff re 8 Notice filed by Equal Employment Opportunity Commission. Signed by Judge Peggy E Patterson. (RSB) Modified text on 9/8/2003 (Burgett, Rebecca). cc Atty Bobby Simpson (Entered: 09/08/2003)

Sept. 4, 2003 PACER
11

ORDER setting preliminary Pretrial Conference set for 9/22/2004 01:30 PM in Covington before Peggy E Patterson.. Signed by Judge Peggy E Patterson. (RSB) (Entered: 09/11/2003)

Sept. 11, 2003 PACER
12

JOINT MOTION for Leave to File Amended Complaint by Donna Salyers' Fabulous Furs Company & Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order Granting# 2 Proposed Amended Cmp)(RSB) (Entered: 10/24/2003)

2 Proposed Order Granting

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3 Proposed Amended Cmp

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Oct. 24, 2003 PACER
13

ORDER granting JOINT 12 Motion for Leave to File Motion for Leave to File Amended Complaint. Amended Complaint shall be deemed filed on this date and svc on def shall be deemed complete on the date of this Order. Signed by Judge David L. Bunning. (RSB)cc: COR Modified TEXT on 10/30/2003 (Burgett, Rebecca). (Entered: 10/30/2003)

Oct. 30, 2003 PACER
14

FIRST AMENDED COMPLAINT against Donna Salyers' Fabulous Furs Company filed by Equal Employment Opportunity Commission.(RSB) (Entered: 10/30/2003)

Oct. 30, 2003 PACER
15

STATEMENT OF SPECIAL DAMAGES filed by Equal Employment Opportunity Commission. (RSB) Modified TEXT on 12/4/2003 (Burgett, Rebecca). (Entered: 12/04/2003)

Dec. 3, 2003 PACER
16

NOTICE of Appearance by Bobby C. Simpson on behalf of Equal Employment Opportunity Commission (RSB) (Entered: 02/06/2004)

Feb. 6, 2004 PACER
17

MOTION by Atty Jo Ann Farnsworth to Withdraw as Attorney by Equal Employment Opportunity Commission (Attachments: # 1 proposed order granting withdrawal of Jo Ann Farnsworth)(RSB) (Entered: 02/06/2004)

2 proposed order granting withdrawal of Jo Ann Farnsworth

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Feb. 6, 2004 PACER
18

ORDER granting 17 Plaintiff's Motion to Withdraw as Attorney. Attorney Jo Ann Farnsworth terminated . Signed by Judge J. Gregory Wehrman. (RSB)cc: COR (Entered: 02/10/2004)

Feb. 9, 2004 PACER
19

JOINT MOTION for Extension of Time to extend expert disclosure deadlines by Donna Salyers' Fabulous Furs Company and Equal Employment Opportunity Commission (Attachments: # 1 Proposed Agreed Order)(JMM) (Entered: 06/08/2004)

2 Proposed Agreed Order

View on PACER

June 8, 2004 PACER
20

AGREED ORDER: Court's 9/2/03 scheduling order is amended to reflect that the EEOC shall file its expert disclosure and report pursuant to Fed R.Civ.P 26 on or before 9/1/04 and that Donna Salyer's Fabulous Furs shall do likewise by 11/1/04. Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 06/14/2004)

June 9, 2004 PACER
21

ORDER: 1) A Telephone Conference is set for 6/30/2004 02:00 PM in Ashland before Peggy E Patterson to discuss scheduling issues and the feasability of certain deadlines.2) The Court's office shall initiate said telephone conference call, lead counsel for each party shall participate, with authority to make any stipulation or agreements regarding deadlines or possibility of settlement. 3) In addition to regular service by mail a copy of this order shall be transmitted by facsimile to all counsel of record. Signed by Judge Peggy E Patterson. (JMM)cc: COR (Entered: 06/17/2004)

June 16, 2004 PACER
22

MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 6/30/04 before Judge Peggy E Patterson : 1) Resetting second telephone cfnce on 8/9/04 at 10:00 a.m. to discuss the utility of schedulign a settlement cfnce; 2) Undersigned shall inititate cnfce call; 3) Extending plaintiff's time for make Rule 26 disclosures until 9/15/04; 4) Resetting 9/22/04 pretrial cfce for 11/16/04 at 10:00 a.m. in Covington Ky. (RSB)cc: COR (Entered: 07/01/2004)

June 30, 2004 PACER
23

AGREED PROTECTIVE ORDER: 1) Documents produced by Fabulous Furs to EEOC can be Confidential Information; 2) Documents produced by Def shall be confidential information; 3) Confidential information shall not be disclosed; 4) If confidential information is filed, it shall be placed in sealed envelope; 5) It is the responsiblity of each party to maintain sealed file; 6) Except with the prior consent of Def, information that is confidential shall only be disclosed to staff; 7) All parties are required to abide by terms of this order; 8) Agreed Protective Order shall survive the termination of this action; 9) Within 30 days after the conclusion of this case, shall be returned to the producing party and counsel shall certify to all parties that all confidential information has been destroyed. Signed by Judge David L. Bunning. (RSB)cc: COR (Entered: 08/04/2004)

Aug. 4, 2004 PACER
24

MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 8/9/04 before Judge Peggy E Patterson : 1) Extending time for plaintiff to make Rule 26 disclosures until 9/30/04 and for def to make disclosures until 11/15/04; 2 By separate order, settlement Settlement Conference set for 9/10/2004 10:00 AM in Covington before David L. Bunning; 3) All other deadlines shall remain. (RSB)cc: COR (Entered: 08/09/2004)

Aug. 9, 2004 PACER
25

ORDER: 1) Setting settlement cfnce for 9/10/04 at 10:00 a.m. in Courtroom 4 East, Covington; 2) Settlement cfnce shall be attended by lead counsel and reps with full settlement authority; 3) Full settlement authority is defined as the full amount of most recent offer/demand; 4) Counsel shall submit to chambers by 9/3/04, confidential letters containing an assessment of issues, liability, damges, costs, strenghts/weaknesses of the case, settlement demands/offers; 5) Separate letters may be transmitted to chambers by fax and shall not exceed 10 pages; 6) These shall not be filed of record; 7) Plaintiff shall submit to def at least 14 days prior to settlement cfnce, an itemizatin of damages and opposing side shall submit response; 8) If parties learn compliance with this Order is not possible, they shall contact chambers no later than 3 business days prior to confrce; 9) Failure to comply with this order can result in sanctions. . Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 08/09/2004)

Aug. 9, 2004 PACER
26

MINUTE ENTRY FOR SETTLEMENT CONFERENCE held on 9/10/04 before Judge Peggy E Patterson : No settlement having been reached. Parties shall continue negotiations and the court will set up future cnfce call (COURT REPORTER: None) (RSB)cc: COR (Entered: 09/14/2004)

Sept. 13, 2004 PACER
27

ORDER: Setting telephone conference for 9/22/04 at 11:00 a.m. to discuss settlement status; 2) Clerk shall fax and sve by mail . Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 09/16/2004)

Sept. 15, 2004 PACER
28

MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 9/22/04 before Judge Peggy E Patterson : Parties are to continue settlement negotiations and future conference call will be scheduled by future order. (COURT REPORTER: NONE) (RSB)cc: COR (Entered: 09/22/2004)

Sept. 22, 2004 PACER
29

ORDER Counsel having advised case settled; all pending motions denied as moot all court proceedings scheduled are canceled. Within thirty (30) days (11/1/2004) counsel to submit to Judge Bunning agredd order of dismissal; If extension is necessary, counsel may informally request one from the undersigned; In addition to regular mail, copy of this order to be faxed forthwith to all counsel of record;. Signed by Judge Peggy E Patterson. (LMB)cc: Order faxed and mailed to all counsel of record on 10/1/2004 (Entered: 10/04/2004)

Oct. 1, 2004 PACER
30

CONSENT DECREE: 1)Employees/Employers shall not engage in unlawful sexual harassment; 2) No retaliation will be tolerated; 3) Defendant agrees to post notice; 4) Monetary settlement of $45,000 to complainants; 5) Within 14 days, defendant agrees to appoint compliance coordinator; 6) Within 6 months defendant shall replace existing harassment policies with updated information. 7) Within 12 months, defendant shall provide training and development to employees; 8) Computer based training program addressing Title VII will occur w/i 6 months; 9) Defendant shall retain all records of 1-8; 10) Within six months, defendant shall institutue a procedure which evaluates managers of compliance; 11. Annual report shall be provided by defendant; 12) If non-compliance is found, defenant shall be afforded 45 days to remedy; 15) Each party shall take care of their costs/fees; 16) Court retains jurisdiction for 2 years Signed by Judge David L. Bunning (Attachments: # 1 Appendix A)(RSB)cc: COR (Entered: 10/15/2004)

2 Appendix A

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Oct. 15, 2004 PACER

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2003

Closing Date: Oct. 15, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donna Salyers' Fabulous Furs Company (Covington, KY), 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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 45000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Implement complaint/dispute resolution process

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits