Case: United States v. The Village of Cuba, New Mexico

6:01-cv-00054 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 12, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 12, 2001, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the Village of Cuba in the U.S. District Court District of New Mexico. The D.O.J. sought injunctive relief, requesting that the defendant be enjoined from failing or refusing to give equal hourly wages to men and women and that the defendant be pay monetary damages to employees who suffered as a result of its discriminatory practices.

The D.O.J. alleged that the defendant gave increased wages to male employees. It also alleged that the defendant failed to consider a female employee for a promotion because she filed a report of discrimination with the EEOC.

On November 27, 2001, the district court (Judge Richard L. Puglisi) accepted a settlement agreement, which stated that the Village will pay specified monetary damages to named employees.

This case is closed, and we have no further information.

Summary Authors

Janani Iyengar (11/21/2007)

People


Judge(s)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Bay, Norman C. (New Mexico)

Fenton, William B. (District of Columbia)

Henry, Dawn (District of Columbia)

Iglesias, David C. (New Mexico)

Lee, Bill Lann (District of Columbia)

Rios, Maria Hortensia (District of Columbia)

Attorneys(s) for Defendant

Bingham, Wayne E. (New Mexico)

Other Attorney(s)

Active

Active

Judge(s)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Bay, Norman C. (New Mexico)

Fenton, William B. (District of Columbia)

Henry, Dawn (District of Columbia)

Iglesias, David C. (New Mexico)

Lee, Bill Lann (District of Columbia)

Rios, Maria Hortensia (District of Columbia)

Attorneys(s) for Defendant

Bingham, Wayne E. (New Mexico)

Other Attorney(s)

Hollis, John L. (New Mexico)

Malott, Alan M. (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

Nov. 18, 2002 Docket
1

Complaint

Jan. 12, 2001 Complaint
3

Answer

March 16, 2001 Pleading / Motion / Brief
22

Complaint in Intervention

Aug. 6, 2001 Complaint
23

Answer to Complaint in Intervention

Aug. 17, 2001 Pleading / Motion / Brief
28

Settlement Agreement

Nov. 27, 2001 Settlement Agreement
38

Order

Oct. 15, 2002 Order/Opinion
39

Joint Certification of Compliance

Nov. 18, 2002 Pleading / Motion / Brief
41

Dismissal of Case With Prejudice

Nov. 18, 2002 Order/Opinion

Docket

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

ECF Number Description Date Link
1

CIVIL RIGHTS COMPLAINT (1 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi) (mjr) (Entered: 01/17/2001)

Jan. 12, 2001
2

ENTRY OF APPEARANCE for defendant by Wayne E. Bingham (sl) (Entered: 03/16/2001)

March 16, 2001
3

ANSWER by defendant Village of Cuba [1-1] (sl) (Entered: 03/16/2001)

March 16, 2001
4

INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi ; Rule 16 scheduling conference set for 5/2/01 at 9:30 am; provisional discovery plan and IPTR due on 4/23/01 (cc: all counsel*) (sl) (Entered: 03/22/2001)

March 22, 2001
5

ENTRY OF APPEARANCE for plaintiff by Maria H. Rios and Dawn Henry (sl) (Entered: 04/02/2001)

April 2, 2001
6

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 04/25/2001)

April 20, 2001
7

CERTIFICATE of service by pltf of initial disclosures to counsel on 4/16/01 (vv) (Entered: 05/01/2001)

April 30, 2001
8

CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi ; Rule 16 scheduling conference held (sl) (Entered: 05/02/2001)

May 2, 2001
9

INITIAL PRE-TRIAL REPORT by Circuit Judge Paul Kelly Jr. and Magistrate Judge Richard L. Puglisi; Discovery set for 8/30/2001; mtn filing ddl set for 11/15/2001; proposed pretrial order due 11/30/2001; non-jury trial set for 8:30 a.m. on 2/11/2002 in Albuquerque NM; Estimated # Trial Days: 3-5; Chances of Settlement: unlikely (cc: all counsel) (mjr) (Entered: 05/04/2001)

May 4, 2001
10

ORDER by Magistrate Judge Richard L. Puglisi setting settlement conference for 10/25/01 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 05/11/2001)

May 11, 2001
11

MOTION by intervenors Esther Herrera and Marcella Martinez to intervene (sl) (Entered: 05/16/2001)

May 16, 2001
12

MEMORANDUM by intervenors Esther Herrera and Marcella Martinez in support of motion to intervene [11-1] (sl) (Entered: 05/16/2001)

May 16, 2001
13

CERTIFICATE of service by pltf of interrogatories, requests to produce documents to counsel on 5/18/01 (vv) (Entered: 05/22/2001)

May 22, 2001
14

NOTICE of hearing Status hearing set on 7/25/01 @ 2:00 pm before Judge Paul Kelly Jr in Albuquerque, NM (cc: all counsel*) (dmw) (Entered: 06/29/2001)

June 29, 2001
15

AFFIDAVIT of service by Alan M. Malott of copy of motion to intervene and brief in support of motion to counsel on 7/9/01 (sl) Modified on 07/24/2001 (Entered: 07/10/2001)

July 9, 2001
16

CERTIFICATE of service by pltf of ntc of depositions of Kathy Romero to counsel on 7/6/01 (vv) Modified on 07/24/2001 (Entered: 07/16/2001)

July 13, 2001
17

CERTIFICATE of service by plaintiff of second interrogatories and request for production documents to counsel on 7/23/01 (sl) (Entered: 07/30/2001)

July 30, 2001
20

JOINT MOTION for Extension of two-weeks extension of discovery deadline by USA (sl) (Entered: 08/03/2001)

Aug. 2, 2001
18

ORDER by Circuit Judge Paul Kelly Jr. granting Esther Herrera, Marcella Martinez and Lorraine Sanchez's motion to intervene [11-1] (cc: all counsel*) (sl) (Entered: 08/03/2001)

Aug. 3, 2001
19

CLERK'S MINUTES: before Circuit Judge Paul Kelly Jr. Status conference held 8/3/01 C/R: Denise Kopan (sl) Modified on 08/08/2001 (Entered: 08/03/2001)

Aug. 3, 2001
21

ORDER by Magistrate Judge Richard L. Puglisi granting parties joint motion for extension of discovery deadline [20-1] ; Discovery cutoff 9/13/01 (cc: all counsel) (sl) (Entered: 08/03/2001)

Aug. 3, 2001
22

INTERVENOR'S COMPLAINT by intervenors (sl) (Entered: 08/07/2001)

Aug. 6, 2001

SUMMONS issued as to defendant Village of Cuba (sl) (Entered: 08/07/2001)

Aug. 6, 2001
23

ANSWER by deft to complaint in intervention [22-1] (vv) (Entered: 08/20/2001)

Aug. 17, 2001
25

NOTICE of hearing before Circuit Judge Paul J. Kelly, Jr. Status conference set for 10/31/01 at 10:00 am in Albuquerque, NM (cc: all counsel*) (sl) Modified on 10/10/2001 (Entered: 10/05/2001)

Oct. 5, 2001
26

ORDER by Circuit Judge Paul Kelly Jr. Status hearing vacated (cc: all counsel) (vv) (Entered: 10/26/2001)

Oct. 26, 2001
27

MINUTE ORDER: Telephonic Status hearing set for 11/2/01 at 10:00 am before Judge Puglisi (cc: all counsel*) (vv) (Entered: 10/29/2001)

Oct. 29, 2001

SETTLEMENT CONFERENCE held before Magistrate Judge Richard L. Puglisi (sl) (Entered: 11/16/2001)

Nov. 16, 2001
28

SETTLEMENT AGREEMENT AND ORDER THERON by Circuit Judge Paul Kelly Jr. (see order for specifics) (cc: all counsel) (mjr) (Entered: 11/27/2001)

Nov. 27, 2001
29

JOINT MOTION to extend settlement agreement filed on 11/27/01 to provide for completion of all provisions of the agreement (sl) Modified on 05/29/2002 (Entered: 05/22/2002)

May 22, 2002
30

ORDER by Circuit Judge Paul Kelly Jr. granting motion to extend settlement agreement filed on 11/27/01 to provide completion of all provisions of the ageement [29-1] (cc: all counsel) (mjr) (Entered: 05/28/2002)

May 28, 2002
31

MOTION by USA for order requiring deft to show cause why it should not be held in contempt for failing to comply with all of the provisions of the settlement agreement (sl) (Entered: 08/28/2002)

Aug. 27, 2002
32

MEMORANDUM by USA in support of motion for order requiring deft to show cause why it should not be held in contempt for failing to comply with all of the provisions of the settlement agreement [31-1] (sl) (Entered: 08/28/2002)

Aug. 27, 2002
33

CERTIFICATE by plaintiff of service of motion for order to show cause to counsel on 08/01/02 (mlk) Modified on 09/05/2002 (Entered: 08/28/2002)

Aug. 27, 2002
34

AMENDED CERTIFICATE by plaintiff of service of motion for order to show cause to counsel on 08/05/02 (mlk) Modified on 09/05/2002 (Entered: 08/28/2002)

Aug. 27, 2002
36

NOTICE of hearing before Circuit Judge Paul J. Kelly on Order to Show Cause 9/30/02 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 09/20/2002)

Sept. 19, 2002
37

CLERK'S MINUTES: before Circuit Judge Paul Kelly Jr. show cause hearing held on 9/30/02 C/R: Irene Delgado (sl) (Entered: 10/04/2002)

Oct. 3, 2002
38

ORDER by Circuit Judge Paul Kelly Jr. re; [31-1] (see order for specifics) (cc: all counsel) (mjr) (Entered: 10/15/2002)

Oct. 15, 2002
39

JOINT CERTIFICATE OF COMPLIANCE w/the settlement agreement by deft Village of Cuba (mjr) Modified on 11/20/2002 (Entered: 11/18/2002)

Nov. 18, 2002
40

DISCHARGE ORDER by Circuit Judge Paul Kelly Jr. discharging the Show Cause order entered on 10/15/02 re [35-1] (cc: all counsel) (mjr) (Entered: 11/18/2002)

Nov. 18, 2002
41

ORDER by Circuit Judge Paul Kelly Jr. of dismissal of case w/prejudice dismissing case (cc: all counsel) (mjr) (Entered: 11/18/2002)

Nov. 18, 2002

State / Territory: New Mexico

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 12, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of female employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Village Of Cuba (Cuba), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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

Issues

General:

Pattern or Practice

Discrimination-area:

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female