Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cv-01731-MSK-OES

Document 164

Filed 05/10/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-01731-MSK-OES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and LEIGH ANN ORNELAS, Plaintiff/Intervenor. v. MILGARD MANUFACTURING INCORPORATED, d/b/a MILGARD WINDOWS, a Washington corporation, Defendant. SECOND JOINT MOTION TO APPROVE AMENDMENT OF CONSENT DECREE Plaintiff Equal Employment Opportunity Commission ("EEOC") and Defendant Milgard Manufacturing, Inc. ("Milgard"), hereby move the Court to approve an amendment to the "Consent Decree" which the Court approved on May 19, 2004. In support thereof, the parties state: 1. Subject to the terms of an agreement between the parties, the EEOC and Milgard

have mutually agreed to extend the term of the "Consent Decree" by amending paragraph 29 of the "Consent Decree" to read as follows: "This Consent Decree shall remain in effect from the Effective Date to and including December 31, 2008, unless extended by the Court for good cause shown." 2. Other than to extend the effective duration of the "Consent Decree," the "Consent

Decree" is not otherwise amended or modified.

Case 1:01-cv-01731-MSK-OES

Document 164

Filed 05/10/2008

Page 2 of 2

3.

Milgard's agreement to the extension of the term of the "Consent Decree" does

not constitute an admission or reflect an adjudication of any failure by Milgard to comply with any term or obligation under the "Consent Decree." WHEREFORE, Plaintiff Equal Employment Opportunity Commission and Defendant Milgard Manufacturing, Inc. respectfully request the Court approve the amendment set forth herein. Dated: May 2, 2008 Respectfully Submitted, Nancy A. Weeks Supervisory Trial Attorney s/Rita Byrnes Kittle Rita Byrnes Kittle Trial Attorney Phone: 303.866.1347 Fax: 303.866.1375 Email: [email protected] EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 303 E. 17th Ave., Suite 510 Denver, CO 80203 s/Lawrence W. Marquess Lawrence W. Marquess LITTLER MENDELSON A Professional Corporation 1200 17th Street, Suite 1000 Denver, CO 80202.5835 Phone: 303.629.6200 Fax: 303.379.7166 Email: [email protected] ATTORNEYS FOR DEFENDANT MILGARD MANUFACTURING, INC.

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