Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

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

Document 146

Filed 08/25/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-1731-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.

JOINT MOTION TO AMEND APPROVED CONSENT DECREE

Plaintiff EEOC and Defendant Milgard Manufacturing, Inc., hereby move the Court to approve amendments to the "Consent Decree," which the Court approved on May 19, 2004. In support thereof, the parties state: 1. In resolution of a Notice of Dispute, served pursuant to Paragraph 63.01 of the "Consent

Decree," Plaintiff EEOC and Defendant Milgard have mutually agreed to amend the "Consent Decree" as follows: a. Paragraph 53.04.02, amend to provide that each eligible claimant will receive a check in the amount of two hundred dollars ($200). Seventy-five dollars ($75) of the $200 payment to each Class Member will be drawn from the Class Fund and the remaining one hundred twenty-five dollars ($125) will be paid by Milgard and not drawn from the Class Fund.

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

Document 146

Filed 08/25/2005

Page 2 of 3

b.

Paragraph 54.02, amend to require objections to be filed within thirty (30) days after the Claimant receives a Notice of Eligibility Determination and Settlement Amount.

c.

The Notice of Eligibility and Settlement Amount (Exhibit H to the "Consent Decree" as originally submitted) has been revised and is attached as Exhibit K.

WHEREFORE, Plaintiff EEOC and Defendant Milgard respectfully request that the Court approve the amendments set forth herein. Dated: August 25, 2005 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 Denver District Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 s/ Lawrence W. Marquess Lawrence W. Marquess LITTLER MENDELSON, P.C. 1200 17th Street, Suite 1300 Denver, CO 80202-5835 Phone: 303.629.6200 Fax: 303.379.7166 Email: [email protected] Attorneys for Defendant Milgard Manufacturing, Inc.

2

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

Document 146

Filed 08/25/2005

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 25, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] [email protected]
[email protected]

s/ Rita Byrnes Kittle Rita Byrnes Kittle 303 E. 17th Ave., #410 Denver, CO 80204 Telephone: (303) 866-1347 FAX: 303-866-1375 Email: [email protected] Attorney for Plaintiff EEOC

3