Case: United States v. Northwest New Mexico Regional Solid Waste Authority

1:02-cv-00316 | U.S. District Court for the District of New Mexico

Filed Date: March 20, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On March 20, 2002, the United States filed a lawsuit under Title VII against the Northwest New Mexico Regional Solid Waste Authority (the "Authority") in the United States District Court for the District of New Mexico. The Department of Justice alleged that the Authority had discriminated against its employees on the basis of their race and/or sex. Specifically, the United States contended that Native American and female employees were subjected to harassment on the basis of their race and/or s…

On March 20, 2002, the United States filed a lawsuit under Title VII against the Northwest New Mexico Regional Solid Waste Authority (the "Authority") in the United States District Court for the District of New Mexico. The Department of Justice alleged that the Authority had discriminated against its employees on the basis of their race and/or sex. Specifically, the United States contended that Native American and female employees were subjected to harassment on the basis of their race and/or sex that adversely affected the terms, conditions, and privileges of their employment. The United States sought injunctive and monetary relief.

The United States alleged that the defendant discriminated against employees on the basis of their race and/or sex by creating and maintaining a work environment that was so racially and/or sexually hostile that they were forced to resign from their positions. A female, Native American employee timely filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) alleging that the then Executive Director of the Authority harassed her because of her sex and race, that because of the harassment she was forced to resign her position with the Authority, and that the discrimination was in violation of Title VII of the Civil Rights Act of 1964. The EEOC investigated the employee's charge and found reason to believe that violations of Title VII had occurred. The EEOC attempted unsuccessfully to conciliate the charge of discrimination through voluntary resolution and subsequently referred the matter to the Department of Justice.

On February 4, 2003, the plaintiffs and the defendant agreed to enter into a consent decree approved by the district court (Magistrate Judge Richard L. Puglisi). The consent decree enjoined the Authority from discriminating against any employee because of that employee's sex or race or retaliating against any employees that filed a charge with the EEOC or the New Mexico Human Rights Commission or that participated in any manner in an investigation, proceeding, or hearing under Title VII. Additionally, the Authority consented to offer monetary relief to certain female employees and to implement the anti-discrimination policy and investigation procedures.

The Authority also agreed that in the event it is contacted by any employer for an employment reference regarding its former Executive Director, the Authority shall state only the facts and dates of his employment, a description of the employee's job's duties, and the fact that at the time of his departure there was a pending DOJ investigation into allegations that he racially and sexually harassed employees but that the matter was settled with no admission of liability. It can be inferred from this part of the consent decree that the Executive Director either resigned or was fired by the Authority due to his alleged discriminatory behavior.

We have no further information on this case.

Summary Authors

Dana Schwarz (10/17/2007)

People


Judge(s)

Deaton, William W. Jr. (New Mexico)

Puglisi, Richard L. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Alexander, Tamara R (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Gregory, Claire L. (District of Columbia)

Hamilton, Raymond (New Mexico)

Henry, Dawn (District of Columbia)

Judge(s)

Deaton, William W. Jr. (New Mexico)

Puglisi, Richard L. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Alexander, Tamara R (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Gregory, Claire L. (District of Columbia)

Hamilton, Raymond (New Mexico)

Henry, Dawn (District of Columbia)

Iglesias, David C. (New Mexico)

Weisman, Cynthia L (New Mexico)

Attorneys(s) for Defendant

Stelzner, Luis G (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

United States v. Northwest New Mexico

May 25, 2006 Docket
1

Complaint

United States of America v. Northwest New Mexico Regional Solid Waste Authority

March 20, 2002 Complaint
30

Consent Decree

United States of America v. Northwest New Mexico Regional Solid Waste Authority

Feb. 5, 2003 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT for civil rights w/jury demand (2 Summons(es) issued) (referred to Chief Magistrate William Deaton) (mlk) (Entered: 03/22/2002)

March 20, 2002

LETTER to counsel re: consent to proceed before a US Magistrate Judge (mlk) (Entered: 03/22/2002)

March 20, 2002
2

NOTICE of consent to proceed before a US Magistrate Judge by plaintiff (mlk) Modified on 04/30/2002 (Entered: 04/25/2002)

April 23, 2002
3

RETURN OF SERVICE of s/c executed upon Patrick Butler on 4/11/02 (mlk) (Entered: 04/25/2002)

April 23, 2002
4

RETURN OF SERVICE of s/c executed upon Joseph Murietta, Executive Director on 4/11/02 (mlk) (Entered: 04/25/2002)

April 23, 2002
5

ENTRY OF APPEARANCE for defendant by Luis G. Stelzner (mlk) (Entered: 05/01/2002)

May 1, 2002
6

ANSWER by defendant [1-1] (mlk) (Entered: 05/01/2002)

May 1, 2002
7

NOTICE of consent to proceed before a US Magistrate Judge by defendant (mlk) (Entered: 05/01/2002)

May 1, 2002
8

CERTIFICATE by defendant of service of entry of appearance, answer & consent to proceed before a US Magistrate Judge to counsel on 05/01/02 (mlk) (Entered: 05/01/2002)

May 1, 2002
9

SUBSTITUTION OF COUNSEL: terminating attorney Raymond Hamilton for USA and substituting attorney Cynthia Linn Weisman (dmw) (Entered: 05/08/2002)

May 8, 2002
10

MOTION by pltf for order to facilitate electronic filing (vv) (Entered: 05/15/2002)

May 15, 2002
11

ORDER by Chief Magistrate William Deaton granting pltf's motion for order to facilitate electronic filing [10-1] (cc: all counsel*) (dmw) (Entered: 05/17/2002)

May 17, 2002
12

INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set on 7/30/02 @ 3:30 pm; provisional discovery plan & IPTR due 7/22/02 (cc: all counselI*) (dmw) (Entered: 05/30/2002)

May 29, 2002
13

NOTICE OF SUBSTITUTION OF COUNSEL: terminating attorney Tamara R. Alexander for USA and substituting with Dawn Henry (*) (bap) (Entered: 06/04/2002)

June 3, 2002
13

NOTICE by USA's attorney Claire Gregory of change of address (included w/notice of substitution of counsel) (*) (bap) (Entered: 06/04/2002)

June 3, 2002
14

ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference reset on 8/7/02 @ 3:30 pm (cc: all counsel*) (dmw) (Entered: 07/05/2002)

July 5, 2002
15

CERTIFICATE by plaintiff of service of initial disclosures to counsel on 07/22/02 (mlk) (Entered: 07/23/2002)

July 22, 2002
16

CERTIFICATE by pltf of service of initial disclosures to counsel on 7/22/02 (dmw) (Entered: 07/30/2002)

July 29, 2002
17

PROVISIONAL DISCOVERY PLAN by the parties (mlk) (Entered: 07/31/2002)

July 29, 2002
18

CLERK'S MINUTES: before Chief Magistrate William Deaton Rule 16 scheduling conference held (dmw) (Entered: 08/08/2002)

Aug. 7, 2002
19

ORDER by Chief Magistrate William Deaton re initial scheduling conference Discovery cutoff 1/6/03 (cc: all counsel*) (dmw) (Entered: 08/09/2002)

Aug. 9, 2002
21

INITIAL PRE-TRIAL REPORT by Magistrate Judge Richard L. Puglisi and Chief Magistrate William Deaton; Discovery set for 1/6/03; mtn filing ddl set for 3/24/03; proposed pretrial order due 4/10/03; pretrial conference set for 1:30 pm on 5/14/03; jury trial set for 9:30 am on 6/16/03; Estimated # of Trial Days: 5; Chances of Settlement: remote (cc: all counsel by dds) (dmw) (Entered: 08/14/2002)

Aug. 13, 2002
22

MINUTE ORDER: Pretrial conference set on 5/14/03 @ 1:30 pm; Jury trial set on 6/16/03 @ 9:30 am, both before Judge Puglisi in Albuquerque, NM (cc: all counsel*) (dmw) (Entered: 09/16/2002)

Sept. 13, 2002
23

CERTIFICATE by plaintiff of service of interrogs, requset for production & admission to counsel on 09/16/02 (mlk) (Entered: 09/23/2002)

Sept. 20, 2002
24

CERTIFICATE by defendant of service of answers to interrogs, requests for production & admissions to counsel on 10/24/02 (mlk) (Entered: 10/25/2002)

Oct. 24, 2002
25

CERTIFICATE by defendant of service of supplemental initial disclosures to counsel on 11/04/02 (mlk) (Entered: 11/07/2002)

Nov. 4, 2002
26

JOINT MOTION to extend discovery deadlines for four weeks (dmw) (Entered: 11/14/2002)

Nov. 13, 2002
27

ORDER by Chief Magistrate William Deaton granting joint motion to extend discovery deadline [26-1] Discovery cutoff 2/6/03 (cc: all counsel) (dmw) (Entered: 11/15/2002)

Nov. 15, 2002
28

STIPULATED PROTECTIVE ORDER by Chief Magistrate William Deaton (cc: all counsel) (dmw) (Entered: 11/25/2002)

Nov. 25, 2002
29

ORDER sua sponte by Chief Magistrate William Deaton vacating the 4-17-03 settlement conference (cc: all counsel*) (jrm) (Entered: 01/22/2003)

Jan. 22, 2003
30

CONSENT JUDGMENT by Magistrate Judge Richard L. Puglisi, as further described herein (cc: all counsel by dds) (dmw) (Entered: 02/07/2003)

Feb. 5, 2003
31

MINUTE ORDER: Case referred from Magistrate Judge William W. Deaton to Magistrate Judge W. D. Schneider (cc: all counsel*) (dmw) (Entered: 03/13/2003)

March 13, 2003
33

ORDER by Magistrate Judge W. D. Schneider vacating settlement conference set on 5/14/03 (cc: all counsel*) (dmw) (Entered: 04/28/2003)

April 28, 2003
34

MOTION by pltf to dismiss the case (ln) (Entered: 05/22/2006)

May 22, 2006
35

MEMORANDUM by pltf in support of motion to dismiss the case [34-1] (ln) (Entered: 05/22/2006)

May 22, 2006
36

CERTIFICATE OF SERVICE by pltf of motion and memorandum to dismiss to counsel on 05/18/06 (ln) (Entered: 05/22/2006)

May 22, 2006
37

ORDER by Magistrate Judge Richard L. Puglisi granting pltf's motion to dismiss the case [34-1] dismissing case (cc: all counsel) (dmw) (Entered: 06/01/2006)

May 25, 2006

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 20, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of female and Native American 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

Northwest New Mexico Regional Solid Waste Authority (Albuquerque), Regional

Defendant Type(s):

Sanitation/Public Works

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: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 0

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

American Indian/Alaskan Native

Affected Gender:

Female