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


Judge(s)

Goodstein, Aaron E. (Wisconsin)

Attorney for Plaintiff

Dreiband, Eric S. (District of Columbia)

Kamp, Jean P. (Illinois)

Lee, James L. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Kelly, Walter F. (Wisconsin)

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Documents in the Clearinghouse

Document

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

Last updated March 16, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

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, ).

Sept. 15, 2003

Sept. 15, 2003

2

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

Sept. 18, 2003

Sept. 18, 2003

3

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

Sept. 29, 2003

Sept. 29, 2003

4

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

Sept. 30, 2003

Sept. 30, 2003

5

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

Oct. 1, 2003

Oct. 1, 2003

7

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

Oct. 27, 2003

Oct. 27, 2003

8

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

Oct. 27, 2003

Oct. 27, 2003

9

DECLARATION of Richard J. Rau (Roby, Joseph)

Oct. 27, 2003

Oct. 27, 2003

10

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)

Nov. 4, 2003

Nov. 4, 2003

11

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)

Nov. 13, 2003

Nov. 13, 2003

12

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

Nov. 14, 2003

Nov. 14, 2003

13

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)

Dec. 1, 2003

Dec. 1, 2003

14

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)

Dec. 5, 2003

Dec. 5, 2003

15

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)

Dec. 5, 2003

Dec. 5, 2003

16

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

Dec. 8, 2003

Dec. 8, 2003

17

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

Dec. 19, 2003

Dec. 19, 2003

18

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

Dec. 19, 2003

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)

Dec. 19, 2003

Dec. 19, 2003

19

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)

Dec. 30, 2003

Dec. 30, 2003

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

Dec. 30, 2003

Dec. 30, 2003

20

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

Jan. 13, 2004

Jan. 13, 2004

21

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

Jan. 15, 2004

Jan. 15, 2004

22

DECLARATION of Suzanne T. Whitty (vkb)

Jan. 15, 2004

Jan. 15, 2004

23

DECLARATION of Walter F. Kelly (vkb)

Jan. 15, 2004

Jan. 15, 2004

24

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)

Jan. 16, 2004

Jan. 16, 2004

26

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

Jan. 19, 2004

Jan. 19, 2004

27

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)

Jan. 28, 2004

Jan. 28, 2004

28

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

Jan. 29, 2004

Jan. 29, 2004

29

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

Feb. 12, 2004

Feb. 12, 2004

30

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

Feb. 12, 2004

Feb. 12, 2004

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

Feb. 13, 2004

Feb. 13, 2004

31

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

Feb. 18, 2004

Feb. 18, 2004

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

Feb. 18, 2004

Feb. 18, 2004

32

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)

Feb. 18, 2004

Feb. 18, 2004

33

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

Feb. 20, 2004

Feb. 20, 2004

34

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)

June 29, 2004

June 29, 2004

35

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

July 1, 2004

July 1, 2004

36

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

July 1, 2004

July 1, 2004

37

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

July 1, 2004

July 1, 2004

38

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

Aug. 11, 2004

Aug. 11, 2004

39

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

Aug. 11, 2004

Aug. 11, 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)

Aug. 13, 2004

Aug. 13, 2004

40

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)

Oct. 7, 2004

Oct. 7, 2004

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

Oct. 8, 2004

Oct. 8, 2004

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

Mount Carmel LLC, Private Entity/Person

John Doe, Private Entity/Person

Richard J Rau, Private Entity/Person

Richard Daehn, Private Entity/Person

Benedictine Health System Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available 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: 257,500

Order Duration: 2004 - 2006

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Private Party intervened in EEOC suit