Case: PUENTE v. STATE OF ARIZONA

2:97-cv-01734 | U.S. District Court for the District of Arizona

Filed Date: Aug. 15, 1997

Closed Date: June 12, 2007

Clearinghouse coding complete

Case Summary

On August 15, 1997 plaintiffs filed suit against their employer, the Arizona Department of Transportation, alleging that it had racially discriminated against Hispanics in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Title VII (42 U.S.C. § 2000e) in the United States District Court for the District of Arizona. Specifically they alleged that the defendant had engaged in discrimination by using unfair hiring and promotion practices, engaging in inadequate training, and creating a hostile…

On August 15, 1997 plaintiffs filed suit against their employer, the Arizona Department of Transportation, alleging that it had racially discriminated against Hispanics in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Title VII (42 U.S.C. § 2000e) in the United States District Court for the District of Arizona. Specifically they alleged that the defendant had engaged in discrimination by using unfair hiring and promotion practices, engaging in inadequate training, and creating a hostile work environment for Hispanic employees.

On March 15, 1999 the district court (Judge Roger Strand) certified a plaintiff class consisting of all applicants to and employees of the defendants. On December 19, 2000 the district court (Judge Strand) approved and entered a consent decree between the parties. The consent decree provided that the defendant would use neutral hiring and promoting protocols and make opportunities available to Hispanics, conduct employee evaluations in a neutral manner, forbid discrimination and any creation of a hostile work environment, hire an outside consultant to train employees on how to best implement the decree, accept a monitor, and institute a complaint resolution procedure. It also provided that the defendant would pay plaintiffs' attorneys fees and that the named class representatives could seek damages for past discrimination.

Five of the class representatives sought damages and bench trials were held by Magistrate Judge Virginia Mathis in 2003. Reports and recommendations in favor of the defendant were issued in all five cases. On April 10 and 11, 2007 the district court (Judge Strand) entered final judgment on these claims. The court adopted the Magistrate's Report in favor of the defendant regarding four of the individual claims, making minor changes to three of them. On the fifth claim the court adopted the Report in favor of the defendant in part put entered judgment in favor of the plaintiff regarding allegations of creating a hostile work environment. This plaintiff was awarded $18,000 plus fees.

Summary Authors

Michael Perry (10/9/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4700707/parties/puente-v-arizona-state-of/


Judge(s)

Bolton, Susan Ritchie (Arizona)

Mathis, Virginia A. (Arizona)

Strand, Roger Gordon (Arizona)

Attorneys(s) for Plaintiff

Bonnett, Daniel Lee (Arizona)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Hudson, Lisa Kaye (Arizona)

Sokol, Robert J. (Arizona)

Judge(s)

Bolton, Susan Ritchie (Arizona)

Mathis, Virginia A. (Arizona)

Strand, Roger Gordon (Arizona)

Attorneys(s) for Plaintiff

Bonnett, Daniel Lee (Arizona)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Hudson, Lisa Kaye (Arizona)

Sokol, Robert J. (Arizona)

Documents in the Clearinghouse

Document

2:97-cv-01734

Docket

Puente v. Arizona

Sept. 27, 2007

Sept. 27, 2007

Docket
170

2:97-cv-01734

Consent Decree

Dec. 19, 2000

Dec. 19, 2000

Settlement Agreement
357

2:97-cv-01734

Opinion (Adopting the Report and Recommendation of the Magistrate Judge in favor of the defendant with revisions)

2007 U.S.Dist.LEXIS 27485

April 10, 2007

April 10, 2007

Order/Opinion
359

2:97-cv-01734

Opinion (Adopting the Report and Recommendation of the Magistrate Judge in favor of the defendant in part)

2007 U.S.Dist.LEXIS 27482

April 11, 2007

April 11, 2007

Order/Opinion
354

2:97-cv-01734

Opinion (Adopting the Report and Recommendation of the Magistrate Judge in favor of the defendant)

2007 U.S.Dist.LEXIS 27328

April 11, 2007

April 11, 2007

Order/Opinion
358

2:97-cv-01734

Opinion (Adopting the magistrate judge's report and recommendation in favor of the defendant with amendments)

2007 U.S.Dist.LEXIS 27479

April 12, 2007

April 12, 2007

Order/Opinion
356

2:97-cv-01734

Opinion (Adopting the Report and Recommendation of the Magistrate Judge in favor of the defendant with revisions)

2007 U.S.Dist.LEXIS 27481

April 12, 2007

April 12, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4700707/puente-v-arizona-state-of/

Last updated Aug. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
354

ORDER - IT IS ORDERED adopting the Report and Recommendation in part. [Doc. # 222]. FURTHER ORDERED with respect to Plaintiff's Claim One and Claim Two, the Court adopts the Magistrate Judge's findings of fact and conclusions of law as wri tten and as modified and supplemented herein. FURTHER ORDERED with respect to Plaintiff's Claim Three, the Court declines to adopt the Magistrate Judge's findings of fact contained in paragraph forty and the conclusions of law relating ther eto and further finds that Plaintiff is entitled to recover the sum of $18,000.00 from Defendants as damages for emotional distress endured in violation of his federal constitutional rights under Title VII of the Civil Rights Act. FURTHER ORDERE D, pursuant to 42 U.S.C. § 1988, awarding Plaintiff's attorneys the sum of $6,000.00 as attorney's fees with respect to this claim. FURTHER ORDERED that the Clerk of the Court enter judgment in accordance with this order. Signed by Judge Roger G Strand on 4/10/07. (SAT)

April 11, 2007

April 11, 2007

RECAP
1

COMPLAINT FILED (MAP) (Entered: 08/18/1997)

Aug. 15, 1997

Aug. 15, 1997

2

ORDER by Judge Roger G. Strand; action designated a standard track case; pla shall notify court in writing when parties are prepared for a preliminary pretrial conference, notification shall occur nlt 45 days after the filing of the answer of the first−answering dft; pla shall serve all dfts with a copy of this order (cc: all counsel) re: order [2−1] (REW) (Entered: 08/27/1997)

Aug. 27, 1997

Aug. 27, 1997

3

MOTION for leave to file amended complaint to by pla Jose G Puente, pla Francesca E Puente [3−1] (LODGED: amd cmp at clerk's desk) (former emp) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

4

MOTION to accelerate motion for leave to file amended complaint to by pla Jose G Puente, pla Francesca E Puente [3−1] by pla Jose G Puente, pla Francesca E Puente [4−1] (former emp) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

5

RETURN OF SERVICE EXECUTED personally upon Jesse Godina, of Office of the AG, for dft Arizona, State of on 12/12/97 (REW) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

6

RETURN OF SERVICE EXECUTED personally upon Shelda Kroeger, at ADOT Risk Management, for dfts Larry Bonine, Mary Peters, Tom Schmitt on 12/12/97 (REW) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

7

ORDER by Judge Roger G. Strand granting motion for leave to file amended complaint by pla Jose G Puente, pla Francesca E Puente [3−1], motion to accelerate motion for leave to file amended complaint by pla Jose G Puente, pla Francesca E Puente [4−1] terminated (cc: all counsel) (REW) (Entered: 12/16/1997)

Dec. 16, 1997

Dec. 16, 1997

8

AMENDED COMPLAINT by pla Jose G Puente [1−1] terminating pla Francesca E Puente, dft Tom Schmitt ;adding plas Irene Canales Simonetti, Manuel Hernandez (REW) (Entered: 12/16/1997)

Dec. 16, 1997

Dec. 16, 1997

9

RETURN OF SERVICE EXECUTED summons &amd complaint upon dft AZ Dept of Tran on 12/16/97 (former emp) (Entered: 12/19/1997)

Dec. 18, 1997

Dec. 18, 1997

10

RETURN OF SERVICE EXECUTED summons &amd complaint upon Attorney General on 12/16/97 (former emp) (Entered: 12/19/1997)

Dec. 18, 1997

Dec. 18, 1997

11

RETURN OF SERVICE UNEXECUTED − attempted upon dft Larry Bonine, dft Mary Peters, dft Tom Schmitt (former emp) (Entered: 12/22/1997)

Dec. 19, 1997

Dec. 19, 1997

12

MOTION to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] (former emp) (Entered: 01/02/1998)

Dec. 30, 1997

Dec. 30, 1997

13

ANSWER to amended complaint by dft Arizona, State of (former emp) (Entered: 01/16/1998)

Jan. 16, 1998

Jan. 16, 1998

14

RESPONSE by plaintiffs Jose G Puente, Irene Canales Simonetti, Manuel Hernandez to motion to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] (DMT) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

15

ORDER by Judge Roger G. Strand granting motion to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] party Mary Peters, party Larry Bonine terminated (cc: all counsel) (DMT) (Entered: 02/19/1998)

Feb. 19, 1998

Feb. 19, 1998

16

MOTION/Application for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

17

AFFIDAVIT of Rose Vega in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

18

AFFIDAVIT of Henry Serrano in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

19

AFFIDAVIT of Arthur Stanley in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

21

AFFIDAVIT of Jose G. Puente in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

22

AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

23

AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

24

AFFIDAVIT of Javier F. Perez in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

25

STIPULATION by all parties for withdrawal of motion to dismiss by dfts Larry Bonnie &Mary Peters re [12−1] and plaintiffs' response to same. (DMT) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

26

SUPPLEMENTAL AFFIDAVIT of Jose G. Puente in support of motion for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

27

ANSWER by dft Larry Bonine, dft Mary Peters to amended complaint. (DMT) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

28

MOTION for leave to exceed page limitation on application for preliminary injunction (previously filed)(if application is treated as motion) by all plas [28−1] (DMT) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

29

MOTION to extend time to respond to application for preliminary injunction by all dfts [29−1] (DMT) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

30

STIPULATION by all parties requesting order of 2/16/98 be vacated re [15−1] that dfts Larry Bonine &Mary Peters be reinstated and that their motion to dismiss be withdrawn re [12−1] (DMT) (Entered: 03/04/1998)

March 3, 1998

March 3, 1998

31

ORDER by Judge Roger G. Strand granting motion for leave to exceed page limitation on application for preliminary injunction (previously filed)(if application is treated as motion) by all plas [28−1] (cc: all counsel) (DMT) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

32

ORDER by Judge Roger G. Strand granting stipulation as to withdrawal of motion, vacating [15−1] order which dismissed defendants Larry Bonine and Mary Peters, withdrawing motion to dismiss dfts Larry Bonine and Mary Peters by dfts [12−1]. (cc: all counsel) (DMT) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

33

ORDER by Judge Roger G. Strand vacating [15−1] order, which dismissed L. Bonine and M. Peters; withdrawing motion to dismiss dfts Larry Bonine and Mary Peters by dfts [12−1]. Dfts Larry Bonine and Mary Peters are reinstated as defendants and to respond to amended complaint by 3/24/98 (cc: all counsel) (DMT) (Entered: 03/13/1998)

March 13, 1998

March 13, 1998

34

RESPONSE by all plas to motion to extend time to respond to application for preliminary injunction by all dfts [29−1] (DMT) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

35

ORDER by Judge Roger G. Strand granting motion to extend time to 3/24/98 to respond to application for preliminary injunction by all dfts [29−1] (cc: all counsel) (DMT) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

36

ORDER by Judge Roger G. Strand that all dfts appear for show cause hearing on motion for preliminary injunction and memorandum by pla [16−1] at 1:30 4/28/98 (cc: all counsel) (DMT) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

37

STIPULATION to continue time for all dfts' response to pla's application for preliminary injunction through 4/7/98 (DMT) (Entered: 03/24/1998)

March 23, 1998

March 23, 1998

38

ORDER by Judge Roger G. Strand granting stipulation extending time to 4/7/98 for dfts to respond to application for preliminary injunction (cc: all counsel) (DMT) (Entered: 03/24/1998)

March 24, 1998

March 24, 1998

40

AFFIDAVIT of Daniel L. Bonnett in support of motion to certify class action pursuant to FRCP 23 by all plas [39−1] [39−1] (DMT) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

41

AFFIDAVIT of Susan Martin in support of motion to certify class action pursuant to FRCP 23 by all plas [39−1] [39−1] (DMT) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

43

NOTICE of filing supplemental affidavit in support of application for preliminary injunction by all plas (DMT) (Entered: 03/31/1998)

March 30, 1998

March 30, 1998

44

AFFIDAVIT of Frances Ortiz in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 03/31/1998)

March 30, 1998

March 30, 1998

42

MINUTE ORDER setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] at 1:30 4/28/98 (cc: all counsel) [42−1] (former emp) (Entered: 03/31/1998)

March 31, 1998

March 31, 1998

45

RESPONSE by all dfts to motion for preliminary injunction by pla [16−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

46

AFFIDAVIT of Lisa Wormington in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

47

AFFIDAVIT of Charlene Knapp in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

48

AFFIDAVIT of Suzanne Sale in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

49

AFFIDAVIT of Jerry Moreland in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

50

AFFIDAVIT of Thomas Moore in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

51

AFFIDAVIT of Victor Ausbun in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

52

AFFIDAVIT of Carolee Arnevik in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

53

AFFIDAVIT of Thomas Schmitt in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

54

AFFIDAVIT of Larry Bonine in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

55

AFFIDAVIT of Javier Perez in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

56

AFFIDAVIT of Dursula Colter in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

57

AFFIDAVIT of Eddie Edison in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

58

AFFIDAVIT of Mary Peters in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

59

RESPONSE by dfts to motion to certify class action pursuant to FRCP 23 by all plas [39−1] (former emp) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

60

MOTION to exceed the page limit by pla [60−1] on plas' reply to dft's opposition to motion for class action certification. (lodged reply to dft's response to motion for class action certification at docket clerk's desk (DMT) (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

61

MOTION to exceed the page limit by all plas [61−1] on plas' reply to dfts' opposition to application for preliminary injunction (lodged reply to dfts' opposition to application for preliminary injunction with affidavits at docket clerk's

April 23, 1998

April 23, 1998

65

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Hearing held on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for injunction and memorandum by pla [16−1]. Exhs l2 − l6 admitted. Dr. Malcolm Cohen sLisa Wormington sArgument heard on M/class cert. Matter to resume at 11:00AM, 4/29/98 65 (former emp) (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

63

ORDER by Judge Roger G. Strand granting motion to exceed the page limit by all plas [61−1] on plas' reply to dfts' opposition to application for preliminary injunction (lodged reply to dfts' opposition to application for preliminary injunction with affidavits at docket clerk's desk) (cc: all counsel) (DMT) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

64

ORDER by Judge Roger G. Strand granting motion to exceed the page limit by pla [60−1] on plas' reply to dft's opposition to motion for class action certification. (lodged reply to dft's response to motion for class action certification at docket clerk's desk (cc: all counsel) (DMT) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

66

REPLY by all plas to response to motion to certify class action pursuant to FRCP 23 by all plas [39−1] (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

67

REPLY by all plas to response to motion for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

68

AFFIDAVIT of Henry Serrano in support of motion reply [67−1] to application for preliminary injunction (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

69

AFFIDAVIT of Jana Olson in support of motion reply [67−1] re: application for preliminary injunction (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

70

AFFIDAVIT of Manuel Hernandez in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

71

AFFIDAVIT of Jose Puente in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

72

AFFIDAVIT of Irene Canales Simonetti in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

73

AFFIDAVIT of Malcolm Cohen, Ph.D. in support of motion reply [67−1] re: application foar preliminary injunction. (DMT) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

74

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Resume hearing on m/cert class and for prel injunc. Exh l8 admitted. Teresa Vasquesz, Caroli Foreman, Loren Hatch, Frances Ortiz sworn &examined. Exhs 41−53 (affidavits) offered. Dft calls Jose Puente, Irene Simonetti, Manuel Hernandez, Frances Ortiz, all sworn &examined. Matter to resume 5/7/98 at 9AM.(setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] at 9:00 5/7/98, setting motion for preliminary injunction and memorandum by pla [16−1] at 9:00 5/7/98 74 (former emp) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

75

MINUTE ENTRY Judge Inits: RGS Crt Rptr: BILL MCNUTT Resume hearing on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1]. Franceds Ortiz on stand on cross. Exh 56 admitted. Rose Vega sworn &examined. Larry bonine sworn &examined. Mary Peters sworn &examined. Matter reset to 9:00AM, 5/13/98; will take two days to complete. Argument set for 9:00AM, 6/3/98; findngs of fact to be simultaneously submitted 6/l/98. 75 (former emp) (Entered: 05/08/1998)

May 7, 1998

May 7, 1998

76

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Day 4 of prel. injunc. hrg. Exhs stip into evid:5,6, 7, 8, 9, 9a−f, ll, l7, 20 − 23, 28 − 53. Resume cross exam of Mary Peters. Eddie Edison sworn &examined. Sam Maroufkhani sworn &examined. Tom Moore sworn &examined. Victor Ausbun sworn &examined. Bob Harris sworn &examined. Clementine Webb sworn &examined. Hrg to resume at 9:30AM, 5/14/98. 76 re: minute entry [76−1] (former emp) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

77

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Day 5 prel injunc. Exhibits 2, 54, 55, 57 − 60 admitted. Dursula Colter sworn &examined. Charlene Knapp sworn &examined. Lisa Wormington resumes stand. Exhs 23, 61 admitted. Jerry Moreland sworn &examined. Exhs 62− 68 admitted. Pltf calls rebuttal witness, Manuel Hernandez. Exh 3 admitted. Usvaldo Carrola sworn &examined. Recess until 9AM, 6/3/98. (setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1] at 9:00 6/3/98 77 (former emp) (Entered: 05/14/1998)

May 14, 1998

May 14, 1998

78

STIPULATION by parties to continue deadline for submission of proposed findings of fact and oral argument on application for preliminary injunction. (DMT) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

79

ORDER by Judge Roger G. Strand granting stipulation extending time to 6/1/98 for filing of proposed findings of fact and cancelling 6/3/98 oral argument on pla's application for preliminary injunction until new dates requested by parties (cc: all counsel) (DMT) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

80

MINUTE ORDER A status hearing is set for 2:30 7/28/98. Settlement has been explored. (cc: all counsel) [80−2] (PHR) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

81

MOTION to reset dates for filing proposed findings of fact and oral argument on application for preliminary injunction by plas [81−1] , and motion for leave to file supplemental affidavits in support of application for preliminary injunction by plas [81−2] (DMT) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

82

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Status hearing held. ORD granting motion to reset dates for filing proposed findings of fact and oral argument on application for preliminary injunction by plas [81−1], granting motion for leave to file supplemental affidavits in support of application for preliminary injunction by plas [81−2]. ORD that pltf file supplemental memorandum and affidavits by 8/14/98; dft response and additional affidavits by 9/14/98; pltf's reply due 9/28/98; hearing on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1] is set for 1:30PM, 10/26/98 [cc: all cnsl] 82 (former emp) (Entered: 07/30/1998)

July 28, 1998

July 28, 1998

83

MOTION to exceed the page limit on pla's supplemental memorandum in support of pla's application for preliminary injunction and class certification by pla [83−1] (lodged supplemental memorandum at docket clerk's desk) (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

84

SUPPLEMENTAL AFFIDAVIT of Jana Olson in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

85

SUPPLEMENTAL AFFIDAVIT of Rose Vega in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

86

SUPPLEMENTAL AFFIDAVIT of Frances Ortiz in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

87

AFFIDAVIT of Teresa Vasquez in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

88

AFFIDAVIT of Manuel Briones in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

89

SECOND AFFIDAVIT of Manuel Hernandez in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

90

SECOND SUPPLEMENTAL AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

91

CERTIFICATE of service of affidavits by pla (DMT) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

92

ORDER by Judge Roger G. Strand granting motion to exceed the page limit on pla's supplemental memorandum in support of pla's application for preliminary injunction and class certification by pla [83−1] (cc: all counsel) (DMT) (Entered: 08/19/1998)

Aug. 19, 1998

Aug. 19, 1998

93

SUPPLEMENTAL memorandum by pla in support of application for preliminary injunction [16−1], and class certification motion [39−1] (DMT) (Entered: 08/19/1998)

Aug. 19, 1998

Aug. 19, 1998

94

STIPULATION by all parties to extend time to 9/17/98 for dfts to respond to supplemental memorandum in support of application for preliminary injunction for class certification re [93−1] and that plas' time to reply to 10/1/98 (DMT) (Entered: 09/11/1998)

Sept. 10, 1998

Sept. 10, 1998

95

ORDER by Judge Roger G. Strand granting stipulation extending time to 9/17/98 for dfts to respond to plas supplemental memorandum in support of application for preliminary injunction for class certification and plas have to 10/1/98 to reply(cc: all counsel) (DMT) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

96

SUPPLEMENTAL memorandum in opposition to class certification and preliminary injunction [16−1] by dfts. (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

97

AFFIDAVIT of Charlene Knapp in support of supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

98

AFFIDAVIT of Eyvone Lewis in support of supplemental memorandum of dfts [96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

99

AFFIDAVIT of Frances Martucci in support of dfts' supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

100

AFFIDAVIT of E. Thomas Moore in support of dfts' supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

101

AFFIDAVIT of Mary Peters in support of dfts supplemental memorandum[96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

102

AFFIDAVIT of Murray Walker in support of dfts supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Aug. 15, 1997

Closing Date: June 12, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanic applicants to and employees of the Arizona Department of Transportation

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona Department of Transportation (Phoenix, Maricopa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: $272,000

Order Duration: 2000 - 2002

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Monitoring

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Training

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic