Case: Yorgensen v. Hollywood Ent Corp

4:04-cv-00613 | U.S. District Court for the District of Idaho

Filed Date: May 13, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 13, 2004, a deaf woman filed this lawsuit in the District Court of the Seventh Judicial District of the State of Idaho. She sued Hollywood Entertainment Corporation (doing business as Hollywood Video) under the Idaho Human Rights Act, claiming the company discriminated against her on the basis of her disability. The plaintiff, represented by private counsel, requested monetary relief, attorney fees and costs, and a jury trial. The complaint alleged that the defendant employer assigned fe…

On May 13, 2004, a deaf woman filed this lawsuit in the District Court of the Seventh Judicial District of the State of Idaho. She sued Hollywood Entertainment Corporation (doing business as Hollywood Video) under the Idaho Human Rights Act, claiming the company discriminated against her on the basis of her disability. The plaintiff, represented by private counsel, requested monetary relief, attorney fees and costs, and a jury trial. The complaint alleged that the defendant employer assigned fewer work hours, assigned her only menial jobs, withheld promotion, and ignored the harassment other employees inflicted upon her.

On December 9, 2004, after the initial complaint and a special interrogatory to determine specific damage amounts sought by the plaintiff, the defendant filed a notice to remove the case to federal court. The case was removed to the U.S. District Court for the District of Idaho on December 9, 2004 and ultimately assigned to Judge B. Lynn Winmill.

The defendant moved to consolidate this case with a similar action brought under the American with Disabilities Act (ADA). The case was consolidated on May 26, 2005 with EEOC v. Hollywood Ent Corp, which can be found at EE-ID-0012.

On July 26, 2006, the plaintiff filed a stipulation to dismiss after the consolidated EEOC case ended in a settlement. The court ordered the case dismissed with prejudice on the same day.

In March 2006, EEOC v. Hollywood Ent Corp settled by entry of a consent decree valid for two years that required Hollywood Video to provide injunctive relief within their business environment and monetary relief to the plaintiff. The case closed in 2008 after the two-year order expired.

Summary Authors

Hannah Basalone (9/29/2018)

Related Cases

EEOC v. HOLLYWOOD ENTERTAINMENT CORPORATION, District of Idaho (2004)

People


Judge(s)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Holman, James D. (Idaho)

Krueger, Allyson S. (Oregon)

Attorneys(s) for Defendant

Harnden, Edwin A. (Oregon)

Judge(s)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Holman, James D. (Idaho)

Krueger, Allyson S. (Oregon)

Attorneys(s) for Defendant

Harnden, Edwin A. (Oregon)

Documents in the Clearinghouse

Document

4:04-cv-00613

Docket [PACER]

July 26, 2006

July 26, 2006

Docket
1

4:04-cv-00613

Notice of Removal to Federal Court and Complaint

Dec. 9, 2004

Dec. 9, 2004

Complaint
5

4:04-cv-00613

4:04-cv-00478-BLW

Motion to Consolidate

Yorgensen v. Hollywood Entertainment Corporation

March 11, 2005

March 11, 2005

Pleading / Motion / Brief
9

4:04-cv-00613

4:04-cv-00478-BLW

Order [regarding consolidation]

EEOC v. Hollywood Entertainment Corporation; Yorgensen v. Hollywood Entertainment Corporation

May 26, 2005

May 26, 2005

Order/Opinion
12

4:04-cv-00613

Judgment

Yorgensen v. Hollywood Entertainment Corporation

July 26, 2006

July 26, 2006

Order/Opinion
11

4:04-cv-00613

Order for Dismissal

Yorgensen v. Hollywood Entertainment Corporation

July 26, 2006

July 26, 2006

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by defendant from Bonneville County Case Number: 04−2742 (wm) (Entered: 12/17/2004)

Dec. 9, 2004

Dec. 9, 2004

RETURN OF SERVICE/PROCESS assumed executed upon defendant Hollywood Ent Corp on 12/9/04 (no service document on file, service assumed for internal reporting purposes only) (wm) (Entered: 12/17/2004)

Dec. 9, 2004

Dec. 9, 2004

ANSWER by defendant (wm) (Entered: 12/17/2004)

Dec. 9, 2004

Dec. 9, 2004

2

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Suzanne Yorgensen, Hollywood Ent Corp re answer [0−1], removal complaint [1−1] (wm)

Dec. 17, 2004

Dec. 17, 2004

3

ORDER Re: Scheduling Conference, Litigation Plan and Consent Form. Parties to confer within 60 days or submit status report within 90 days. Signed by Judge Larry M. Boyle. (mb, )

Jan. 11, 2005

Jan. 11, 2005

5

MOTION to Consolidate Cases CV−04−613 and CV−04−478 by Suzanne Yorgensen. Responses due by 4/4/2005 (Holman, James)

March 11, 2005

March 11, 2005

6

ORDER OF RECUSAL. Judge Larry M. Boyle recused. Case reassigned to Judge B. Lynn Winmill for all further proceedings. Signed by Judge Larry M. Boyle. (dkh, )

March 21, 2005

March 21, 2005

7

NOTICE of case number change re 6 Order of Recusal (dkh, )

March 21, 2005

March 21, 2005

8

RESPONSE to Motion re 5 MOTION to Consolidate Cases CV−04−613 and CV−04−478 filed by Hollywood Entertainment Corporation. (Harnden, Edwin)

April 11, 2005

April 11, 2005

9

ORDER granting 5 Motion to Consolidate Cases. CV 04−478−E−BLW is the lead case and CV 04−613 is the member case. All docketing shall be done in the lead case . Signed by Judge Robert H. Whaley. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, ) (Entered: 05/27/2005)

May 26, 2005

May 26, 2005

Pursuant to telephone conversation with James Holman, case is settled. Settelement documents forthcoming. (lg, )

March 14, 2006

March 14, 2006

10

STIPULATION of Dismissal by Suzanne Yorgensen. (Holman, James)

July 26, 2006

July 26, 2006

11

ORDER granting 10 Stipulation of Dismissal filed by Suzanne Yorgensen, . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, ) (Entered: 07/27/2006)

July 26, 2006

July 26, 2006

12

JUDGMENT dismissing case with prejudice . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, ) (Entered: 07/27/2006)

July 26, 2006

July 26, 2006

Case Details

State / Territory: Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 13, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A deaf woman who alleged discrimination on the basis of her disability

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Holllywood Ent Corp, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

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

Pay / Benefits

Promotion

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit