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 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.

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Summary Authors

Kowa Takata (9/24/2014)

Michael Beech (3/31/2019)

People

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

Judge(s)

Attorney for Plaintiff

Bird, Kenneth L (Indiana)

Campbell, Nedra D. (Michigan)

Attorney for Defendant

Buratto, Donelle Renee (Michigan)

Cattel, Thomas A. (Michigan)

Glazek, Stephen E. (Michigan)

Expert/Monitor/Master/Other

Judge(s)

Majzoub, Mona K. (Michigan)

Roberts, Victoria A. (Michigan)

Attorney for Plaintiff

Bird, Kenneth L (Indiana)

Campbell, Nedra D. (Michigan)

Young, Laurie A (Indiana)

Attorney for Defendant

Buratto, Donelle Renee (Michigan)

Cattel, Thomas A. (Michigan)

Glazek, Stephen E. (Michigan)

Stothers, Melonie L. (Michigan)

Expert/Monitor/Master/Other

Macey, Edward Alan (Michigan)

Salvatore, Jennifer B. (Michigan)

Attorney Contact Information via CourtListener

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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 2016 WL 2016
73 2:13-cv-15229	Consent Decree EEOC v. Guardsmark	Sept. 6, 2016	Sept. 6, 2016 Order/Opinion

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Docket

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

Last updated March 16, 2024, 3:05 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 View on PACER 2 Exhibit Email View on PACER	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 View on PACER	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 View on PACER 2 Exhibit Campbell Email View on PACER 3 Exhibit Thomas Notice View on PACER 4 Exhibit 30(b)(6) Notice View on PACER 5 Exhibit Stothers Email View on PACER	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 View on PACER 2 Exhibit A -- Excerpt of Gardner deposition View on PACER 3 Exhibit B -- Calisi email View on PACER 4 Exhibit C -- Excerpt of Staples deposition View on PACER 5 Exhibit D -- Excerpt of Donna Smith deposition View on PACER 6 Exhibit E -- Excerpt of Dobbin deposition View on PACER 7 Exhibit F -- Excerpt of Smith deposition View on PACER 8 Exhibit G -- Supervisor Achievement Award View on PACER 9 Exhibit H - Payroll Form View on PACER 10 Exhibit I -- Excerpt of Kimbel deposition View on PACER 11 Exhibit J -- Building Guardsmark Form View on PACER 12 Exhibit K -- Excerpt of Steinman deposition View on PACER 13 Exhibit L -- Excerpt of Bowman deposition View on PACER 14 Exhibit M -- Excerpt of Stewart deposition View on PACER 15 Exhibit N -- Uniform Receipt View on PACER 16 Exhibit O -- Excerpt of Kindey Replacement Motion for Summary Judgment View on PACER 17 Exhibit P -- Excerpt from Guardsmark Responses to Interrogatories View on PACER	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 View on PACER 2 Exhibit 1 - Smith Dep Transcript View on PACER 3 Exhibit 2 - Employment Agreement View on PACER 4 Exhibit 3 - GOR&I View on PACER 5 Exhibit 4 - Mission Ptp Statement View on PACER 6 Exhibit 5 - Memo - P. Dobbin View on PACER 7 Exhibit 6 - Stewart Dep Transcript View on PACER 8 Exhibit 7 - Dobbin Dep Transcript View on PACER 9 Exhibit 8 - Steinman Dep Transcript View on PACER 10 Exhibit 9 - Statement Control Room Opr View on PACER 11 Exhibit 10 - Memo re CCTV Retraining View on PACER 12 Exhibit 11 - Smith Notes View on PACER 13 Exhibit 12 - Smith Time Line View on PACER 14 Exhibit 13 - email to Taylor View on PACER 15 Exhibit 14 - emails of Smith View on PACER 16 Index of Exhibits Appendix of Cited Case Law View on PACER 17 Exhibit A - Baldwin View on PACER 18 Exhibit B - Barrett View on PACER 19 Exhibit C - Blair View on PACER 20 Exhibit D - Burlington View on PACER 21 Exhibit E - Clark County View on PACER 22 Exhibit F - EEOC View on PACER 23 Exhibit G - Gamel View on PACER 24 Exhibit H - Hamner View on PACER 25 Exhibit I - Hodge View on PACER 26 Exhibit K - Jones View on PACER 27 Exhibit L - Kunzler View on PACER 28 Exhibit M - Lujan View on PACER 29 Exhibit N - Martinez View on PACER 30 Exhibit O - MX Group View on PACER 31 Exhibit P - Niswander View on PACER 32 Exhibit Q - O'Day View on PACER 33 Exhibit R - Russell View on PACER 34 Exhibit S - Wimmer View on PACER	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 View on PACER 2 Exhibit A - Excerpt of Smith deposition View on PACER 3 Exhibit B - Excerpt of Dobbin deposition View on PACER 4 Exhibit C - Excerpt of Staples deposition View on PACER 5 Exhibit D - Super Bowl email View on PACER 6 Exhibit E - Excerpt of Bowman deposition View on PACER 7 Exhibit F - Excerpt of Donna Smith deposition View on PACER 8 Exhibit G - Excerpt of Stewart deposition View on PACER 9 Exhibit H - Pictures of security desk View on PACER 10 Exhibit I - Excerpt of Kimble deposition View on PACER 11 Exhibit J - Excerpt of Sexual Harassment policy View on PACER 12 Exhibit K - Dobbin memo to General Counsel View on PACER 13 Exhibit L - Calisi email View on PACER 14 Exhibit M - Declaration Calisi View on PACER 15 Exhibit N - Excerpt of Steinman deposition View on PACER 16 Exhibit O - Excerpt of Gardner deposition View on PACER 17 Exhibit P - Emails between Smith and Bowman View on PACER	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 View on PACER 2 Exhibit 15 Excerpts of Transcript from Deposition of Donna Smith View on PACER 3 Exhibit 16 Excerpts of Transcript from Deposition of Ralph Staples View on PACER 4 Exhibit 17 Excerpts of Transcript from Deposition of Mike Kimble View on PACER 5 Exhibit 18 Additional Excerpts of Transcript from Deposition of Peter Dobbin View on PACER 6 Exhibit 19 Additional Excerpts of Transcript from Deposition of Sarah Stewart View on PACER 7 Exhibit 20 Additional Excerpts of Transcript from Deposition of Scott Steinman View on PACER 8 Index of Exhibits Index of Appendices View on PACER 9 Exhibit Appendix T Abbott v Crown Motor Co Inc View on PACER 10 Exhibit Appendix U Bonn v City of Omaha View on PACER 11 Exhibit Appendix V Crowley v Prince Georges County Md View on PACER 12 Exhibit Appendix W Holt v Lewis View on PACER 13 Exhibit Appendix X Trevino v Austin Peay State University MD Ohio View on PACER	Oct. 19, 2015	Oct. 19, 2015 PACER
55	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 View on PACER 2 Exhibit Chris Smith Dep. Transcript View on PACER 3 Exhibit P. Dobbin Dep. Transcript View on PACER 4 Exhibit M. Kimble Dep. Transcript View on PACER 5 Exhibit S. Steinman Dep. Transcript View on PACER 6 Exhibit R. Staples Dep. Transcript View on PACER 7 Exhibit J. Bowman Dep. Transcript View on PACER 8 Exhibit D. Smith Dep. Transcript View on PACER 9 Exhibit S. Stewart Dep. Transcript View on PACER 10 Exhibit Declaration of Patti Calisi View on PACER 11 Exhibit Calisi email to Bucksbaum View on PACER 12 Exhibit Guardsmark Annual Instruction View on PACER 13 Exhibit General Order Regulations and Instructions View on PACER 14 Exhibit Guardsmark's Sexual Harassment Policy View on PACER 15 Exhibit Hager v. Warren Consol. Sch. View on PACER 16 Exhibit Bennani v. Dept. of Mgt. and Budget View on PACER 17 Exhibit Moore v. Countryside Care Ctr. View on PACER 18 Exhibit Propps v. 9008 Group, Inc. View on PACER	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 View on PACER 2 Exhibit A -- Chart of mischaracterizations View on PACER 3 Exhibit B -- Excerpt of Donna Smith deposition View on PACER 4 Exhibit C -- Excerpt of Dobbin deposition View on PACER 5 Exhibit D -- Excerpt of Staples deposition View on PACER 6 Exhibit E -- Excerpt of Guardsmark sexual harassment policy View on PACER 7 Exhibit F -- Excerpt of Sarah Stewart deposition View on PACER 8 Exhibit G -- Guardsmark confidential information policy View on PACER 9 Exhibit H -- Excerpt of Steinman deposition View on PACER 10 Exhibit I -- Excerpt of Chris Smith deposition View on PACER	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 View on PACER 2 Exhibit 21 - Additional Excerpts of Transcript from Deposition of Sarah Stewart View on PACER 3 Exhibit 22 - Additional Excerpts of Transcript from Deposition of Scott Steinman View on PACER 4 Exhibit 23 - Additional Excerpts of Transcript from Deposition of Chris Smith View on PACER	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 View on PACER	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 View on PACER 2 Exhibit A.Excerpts of Transcripts from Deposition of Peter Dobbin View on PACER 3 Exhibit B.Excerpts of Transcript from Deposition of Christopher Smith View on PACER 4 Exhibit C.Memorandum of Peter Dobbin View on PACER 5 Exhibit D.Excerpts of Transcript from Deposition of Sarah Stewart View on PACER 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 View on PACER 9 Exhibit H.Excerpts of Guardsmarks General Orders, Regulations, and Instructions View on PACER 10 Index of Exhibits List of Cases View on PACER 11 Exhibit 1.Baldwin v. New York View on PACER 12 Exhibit 2.Bonn v. City of Omaha View on PACER 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. View on PACER 16 Exhibit 6.Holt v. Lewis View on PACER 17 Exhibit 7.Jones v. St. Jude Med. S.C., Inc. View on PACER 18 Exhibit 8.Kunzler v. Canon, U.S.A., Inc. View on PACER 19 Exhibit 9.Niswander v. Cincinnati Ins. Co. View on PACER 20 Exhibit 10.ODay v McDonnell Douglas Helicopter Co. View on PACER 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 View on PACER 2 Exhibit A -- Excerpt from Defendant's Motion for Reconsideration View on PACER 3 Exhibit B -- Excerpt from Defendant's Motion for Summary Judgment View on PACER	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 View on PACER 2 Exhibit I - C. Smith Timeline View on PACER 3 Exhibit J - Excerpt of Smith Dep Transcript View on PACER 4 Exhibit K- Stothers Response to Campbell Email View on PACER 5 Exhibit L- Smith EEOC Statement View on PACER 6 Exhibit M - Excerpt of S. Stuart Dep Transcript View on PACER	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