Case: Parra v. Bashas', Inc.

2:02-cv-00591 | U.S. District Court for the District of Arizona

Filed Date: April 4, 2002

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 4, 2002, current and former Hispanic employees of Bashas', Inc. filed a class action in the U.S. District Court of Arizona under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against Bashas'. The plaintiffs, represented by an Impact Fund attorney and private counsel, sought declaratory, injunctive and monetary relief as well as class certification. They alleged national origin and race discrimination of their employer in pay and working condit…

On April 4, 2002, current and former Hispanic employees of Bashas', Inc. filed a class action in the U.S. District Court of Arizona under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against Bashas'. The plaintiffs, represented by an Impact Fund attorney and private counsel, sought declaratory, injunctive and monetary relief as well as class certification. They alleged national origin and race discrimination of their employer in pay and working conditions on behalf of themselves and all other similarly situated Latino employees.

After some discovery disputes, Parra v. Bashas', Inc., 2004 WL 5642419, on August 29, 2005, the District Court (Judge Robert C. Broomfield) certified the proposed class on the issue of working conditions, but denied certification of such class as to the issue of pay due to a lack of commonality within the class. Parra v. Bashas', Inc., 2005 WL 6182338 (D. Ariz. Aug. 29, 2005). Plaintiffs subsequently filed a motion for reconsideration and offered to redefine the pay discrimination class. The District Court denied their motion, 2006 WL 5987819, and the plaintiffs appealed the Court's decision to the 9th Circuit Court.

The Court of Appeals reversed the lower court's ruling that the plaintiffs failed to establish commonality within the proposed class regarding the pay discrimination claim, in an opinion by Judge Procter R. Hug on July 29, 2008. The Court found it an abuse of discretion of the lower court and remanded the case back to the District Court for further consideration. Parra v. Bashas', 536 F.3d 975 (9th Cir. 2008).

(In the meantime, the Equal Employment Opportunity Commission was also proceeding against the same defendant, seeing enforcement of an administrative subpoena. The court in this case agreed to plaintiffs' request that that matter be transferred to it. 2009 WL 1024615. )

Upon remand, the District Court (Judge Broomfield) finally granted the plaintiff's original motion for class certification on the pay issue on May 31, 2013. In the same opinion, the court also, at defendants' request, decertified the working conditions class, in light of the recent Supreme Court precedent of Dukes v. Wal-Mart. This ended the decade-long dispute as to the issue of class certification. Parra v. Bashas', Inc., 2013 WL 2407204 (D. Ariz. May 31, 2013).

Pursuant to party stipulation, the court amended the class on March 31, 2014 to "All Hispanic workers currently and formerly employed by defendant Bashas’ in an hourly position at any Food City retail store between April 4, 1998 and July 1, 2007, who have been subject to the challenged pay policies and practices." The court explicitly excluded "any member who worked for Food City for less than eight (8) hours during the Class Period or any person who was first hired for an hourly position at Food City after January 2, 2005."

The case was reassigned to Judge Diane J. Humetewa on July 2, 2014.

On July 11, 2014, the parties filed notice that they had reached a settlement. The proposed class settlement, filed with the court on Aug. 27, 2014, required Bashas' to pay $6.5 million "for class damages, administrative expenses, service awards to the named plaintiffs..., and attorneys’ fees and costs." From this fund, the settlement proposed to set up a $400,000 administrative cost fund to account for challenges associated with the duration of the litigation. Specifically, locating class members would be difficult because 90% of them were no longer employed at Food City and many of whom likely moved from the addresses on file to new homes, including Mexico and Central America. Further, the fact that many class members only spoke Spanish made communicating updates to them more difficult. Payouts to class members were to be determined on the basis of payroll records by calculating "the difference between his or her actual hours worked and hourly rates received at Food City, with the same number of hours at the hourly rates paid at Bashas’ and A.J.’s Fine Foods for the same time period." Further, if a class member did not qualify for a payout, the settlement provided a mechanism for disputing the determination. The settlement also provided for the possibility of a second round of distributions using residual funds after the first payout. Any funds left after these payouts were to be given to the University of Arizona Law School Immigrant Workers’ Clinic, the ASU Alumni Law Group, and Community Legal Services of Arizona.

The court approved the settlement on April 24, 2015 after a fairness hearing. The same day, the court granted attorneys’ fees of $1,625,000 and costs of $178,761.26.

The court dismissed the case with prejudice, but retained jurisdiction for the purposes of enforcing the settlement. The case is now closed.

Summary Authors

Emma Bao (7/18/2013)

Virginia Weeks (11/9/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4639453/parties/parra-v-bashas-incorporated/

Judge(s)

Broomfield, Robert Cameron (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Humetewa, Diane Joyce (Arizona)

Attorney for Plaintiff
Attorney for Defendant

Deeny, Raymond Miles (Colorado)

Janicik, Douglas David (Arizona)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

2:02-cv-00591

Docket (PACER)

July 19, 2016

July 19, 2016

Docket
1

2:02-cv-00591

Complaint

April 2, 2002

April 2, 2002

Complaint
110

2:02-cv-00591

Order

Feb. 20, 2004

Feb. 20, 2004

Order/Opinion

2004 WL 5642419

224

2:02-cv-00591

Order

Aug. 29, 2005

Aug. 29, 2005

Order/Opinion

2005 WL 6182338

234

2:02-cv-00591

Order

March 29, 2006

March 29, 2006

Order/Opinion

2006 WL 5987819

267-2

2:02-cv-00591

06-16038

USCA Opinion

U.S. Court of Appeals for the Ninth Circuit

July 29, 2008

July 29, 2008

Order/Opinion

536 F.3d 975

287

2:02-cv-00591

Order

April 15, 2009

April 15, 2009

Order/Opinion

2009 WL 1024615

308

2:02-cv-00591

Order

May 31, 2013

May 31, 2013

Order/Opinion

291 F.R.D. 360

317

2:02-cv-00591

Order

Parra v. Bashas' Inc

March 31, 2014

March 31, 2014

Order/Opinion

2014 WL 1319189

327

2:02-cv-00591

Memorandum in Support of Motion for Preliminary Approval of Class Settlement, for Approval of Class Notice and Notice Plan, and for Setting of Final Approval Schedule

Parra v. Bashas' Inc

Aug. 27, 2014

Aug. 27, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4639453/parra-v-bashas-incorporated/

Last updated June 1, 2026, 7:45 p.m.

ECF Number Date Description Link
1 April 4, 2002

COMPLAINT FILED (former emp) (DXD). (Entered: 04/09/2002)

RECAP
2 April 12, 2002

RETURN OF SERVICE EXECUTED summons/complaint upon dft Bashas' Inc on 4/5/02 (former emp) (DXD). (Entered: 04/15/2002)

RECAP
3 April 25, 2002

ANSWER to complaint [1-1] by dft Bashas' Inc (former emp) (DXD). (Entered: 04/29/2002)

RECAP
4 May 13, 2002

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Robert C. Broomfield ; prel scheduling conf set for 2:00 9/16/02 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/13/2002)

RECAP
June 5, 2002

REMARK as to Jose Parra, Gonzalo Estrada re atty Elizabeth A Lawrence Davis Cowell & Bowe LLP 100 Van Ness Ave 20th Floor San Francisco CA 94102 removed from database for noncompliance w/admission deadline of 5/9/02 pty represented by other admitted counsel (BAS)

5 July 23, 2002

MINUTE ORDER: preliminary scheduling conference 9/16/02 VACATED and RESET for 2:45pm, 9/23/02 (cc: all counsel) [5-2] (former emp) (DXD). (Entered: 07/23/2002)

RECAP
6 Sept. 16, 2002

JOINT PROPOSED CASE MGT PLAN/REPORT (KMG) (DXD). (Entered: 09/18/2002)

RECAP
7 Sept. 23, 2002

MINUTE ENTRY: before Judge Robert C. Broomfield. Crt Rptr: V. Reger - ECR: Elizabeth Lawrence for Plas; Raymond Deeny/Thomas Kennedy for Dft: preliminary scheduling conference held and a second scheduling conference reset for 2:00pm, 9/15/03 [7-2] (former emp) (DXD). (Entered: 09/23/2002)

RECAP
8 Sept. 23, 2002

SCHEDULING ORDER by Judge Robert C. Broomfield a scheduling conference having been held on 9/23/02 regarding the following deadlines Second Scheduling conf is set for 2:00 p.m. on 9/15/03; Discovery ddl set for 4/30/03; Brief Joint letter to the court concerning status of settlement ddl 4/30/03 (cc: no separate mailing to counsel). (KMG) (ADI-ICMS, ). (Entered: 09/24/2002)

RECAP
9 Oct. 15, 2002

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by plas Jose Parra, and Gonzalo Estrada (KMG) (DXD). (Entered: 10/17/2002)

RECAP
10 Nov. 5, 2002

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Bashas' Inc (former emp) (DXD). (Additional attachment(s) added on 2/28/2025: # 1 62) (DXD). (Entered: 11/06/2002)

RECAP
11 Nov. 20, 2002

MOTION for admission pro hac vice as to Theodore Olsen, atty for dft Bashas' Inc [11-1] (former emp) (DXD). (Entered: 11/21/2002)

RECAP
12 Nov. 26, 2002

ORDER by Judge Robert C. Broomfield granting motion for admission pro hac vice as to Theodore Olsen, atty for dft Bashas' Inc [11-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/26/2002)

RECAP
13 Feb. 10, 2003

NOTICE of service of discovery (first request for production of documents to dft) by pla Jose Parra, pla Gonzalo Estrada . (former emp) (DXD). (Entered: 02/11/2003)

RECAP
14 Feb. 10, 2003

NOTICE of service of discovery (first set of interrogatories) by pla Jose Parra, dft Bashas' Inc . (former emp) (DXD). (Entered: 02/11/2003)

RECAP
15 Feb. 27, 2003

NOTICE of service of discovery upon plas by dft Bashas' Inc . (former emp) Modified on 11/15/2004 (DXD). (Entered: 02/28/2003)

RECAP
16 March 7, 2003

NOTICE of service of discovery (first request for production of documents to dft) by plas. (former emp) (DXD). (Entered: 03/10/2003)

RECAP
17 March 10, 2003

NOTICE to dft by plas of service on 3/6/03 of notice of deposition of Tom Swanson (former emp) (DXD). (Entered: 03/11/2003)

RECAP
18 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Michael Gantt (former emp) (DXD). (Entered: 03/11/2003)

RECAP
19 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Michael Proulx (former emp) (DXD). (Entered: 03/11/2003)

RECAP
20 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Basha's Inc (former emp) (DXD). (Entered: 03/11/2003)

RECAP
21 March 10, 2003

NOTICE of service of discovery (second request for production of documents to dft) by pla Jose Parra, pla Gonzalo Estrada . (former emp) (DXD). (Entered: 03/11/2003)

RECAP
22 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Basha's Inc, Human Resources (former emp) (DXD). (Entered: 03/11/2003)

RECAP
23 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Al Ramirez (former emp) (DXD). (Entered: 03/11/2003)

RECAP
24 March 10, 2003

NOTICE by plas of service on 3/6/03 to dft OF TAKING DEPO OF Al Mendoza (former emp) (DXD). (Entered: 03/11/2003)

RECAP
25 March 10, 2003

UNOPPOSED MOTION for extension of time, until 4/9/03 to object or otherwise respond to plas' first set of interrogatories and first request for production of documents by dft Bashas' Inc [25-1] (former emp) Modified on 03/25/2003 (DXD). (Entered: 03/11/2003)

RECAP
26 March 25, 2003

ORDER by Judge Robert C. Broomfield granting motion for extension of time, until 4/9/03 to object or otherwise respond to plas' first set of interrogatories and first request for production of documents by dft Bashas' Inc [25-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/25/2003)

RECAP
27 April 1, 2003

STIPULATION by all parties to modify the scheduling order (completion of discovery 6/16/03...) (former emp) (DXD). (Entered: 04/02/2003)

RECAP
28 April 4, 2003

ORDER by Judge Robert C. Broomfield granting stipulation by all parties to modify the scheduling order ; discovery ddl reset for 6/16/03 ; joint settlement letter to the Court is due 6/16/03 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 04/04/2003)

RECAP
29 April 28, 2003

NOTICE of service of discovery by plas. (former emp) (DXD). (Entered: 04/29/2003)

RECAP
30 May 5, 2003

NOTICE by pla Jose Parra, pla Gonzalo Estrada of change of address, 595 Market Street, Ste 1400, San Francisco, CA 94105; Ph: 415-597-7200 (former emp) (DXD). (Entered: 05/07/2003)

RECAP
31 May 12, 2003

NOTICE of service of discovery by pla Jose Parra, pla Gonzalo Estrada . (FMP) (DXD). (Entered: 05/14/2003)

RECAP
32 May 12, 2003

NOTICE of service of discovery by pla Jose Parra, pla Gonzalo Estrada . (FMP) (DXD). (Entered: 05/14/2003)

RECAP
33 May 22, 2003

NOTICE of service of discovery by dft Bashas' Inc . (former emp) (DXD). (Entered: 05/27/2003)

RECAP
34 June 13, 2003

JOINT REPORT on status of settlement discussions (filed by plas) (former emp) (DXD). (Entered: 06/16/2003)

RECAP
35 June 13, 2003

STIPULATION and motion by all parties for extension of discovery and class certification deadlines (filed by plas)(former emp) Modified on 06/17/2003 (DXD). (Entered: 06/16/2003)

RECAP
36 July 2, 2003

ORDER by Judge Robert C. Broomfield granting stipulation and motion by all parties for extension of discovery and class certification deadlines ; discovery ddl reset for 10/31/03 granting the extension of time to file motions relative to class certification to 12/1/03; extending the deadline for disclosure of expert testimony to 9/30/03 for plas experts, 10/31/03 for dfts experts, and 11/28/03 for plas rebuttal experts (cc: all counsel) (former emp) Modified on 07/03/2003 (ADI-ICMS, ). (Entered: 07/02/2003)

RECAP
37 July 11, 2003

NOTICEs by dft Bashas' Inc OF TAKING DEPO OF Jose Para, and Gonzalo Estrada on the following date(s): 7/29/03; Gloria Arriaga and Maricruz Rivera on 7/30/03; Juana Urbina & Maria Guitierrez on 7/31/03; Carmen Lopez, Jose Perez Estrada and Rosa Flores on 8/26/03; Mario Gonzalez, Manuel Mori, and Aurelia Martinez on 8/27/03; Jesus Rodriguez, Manuel Talavera & Martin Hernandez on 8/28/03; Bill McDonough, James McLaughlin, P.J. Pedraza on 9/2/03; Michelle Skolmowski, Casey May on 9/3/03; Terry May & Emilou Savage 9/4/03 (former emp) (DXD). (Entered: 07/14/2003)

RECAP
38 Aug. 8, 2003

NOTICE by pla Jose Parra of service of notice of deposition (Al Mendoza) on 8/5/03 on dft's counsel (former emp) (DXD). (Entered: 08/08/2003)

RECAP
39 Aug. 22, 2003

MOTION to quash Subpoena served by Basha's on 8/11/03 by intervenor UFCW Region 8 [39-1] (former emp) (DXD). (Entered: 08/22/2003)

RECAP
40 Aug. 22, 2003

DECLARATION of William T McDonough re motion to quash Subpoena served by Basha's on 8/11/03 by intervenor UFCW Region 8 [39-1] [39-1] by intervenor UFCW Region 8 (former emp) (DXD). (Entered: 08/22/2003)

RECAP
41 Aug. 22, 2003

NOTICE by intervenor UFCW Region 8 of motion to quash subpoena (request for hearing) (former emp) (DXD). (Entered: 08/22/2003)

RECAP
42 Aug. 22, 2003

MOTION to quash subpoena served on it by Bashas's Inc on 8/11/03 by intervenor Local 99 UFCW [42-1] (former emp) (DXD). (Entered: 08/22/2003)

RECAP
43 Aug. 22, 2003

DECLARATION of James McLaughlin re motion to quash subpoena served on it by Bashas's Inc on 8/11/03 by intervenor Local 99 UFCW [42-1] [42-1] by intervenor Local 99 UFCW (former emp) (DXD). (Entered: 08/22/2003)

RECAP
44 Aug. 22, 2003

NOTICE by intervenor Local 99 UFCW of motion to quash subpoena (request for hearing) (former emp) (DXD). (Entered: 08/22/2003)

RECAP
45 Aug. 22, 2003

MOTION to quash subpoena served on it by dft Basha's Inc on 8/11/03 by intervenor AFL-CIO UFCW [45-1] (former emp) (DXD). (Entered: 08/22/2003)

RECAP
46 Aug. 22, 2003

DECLARATION of Douglas Dority re motion to quash subpoena served on it by dft Basha's Inc on 8/11/03 by intervenor AFL-CIO UFCW [45-1] by intervenor AFL-CIO UFCW (former emp) (DXD). (Entered: 08/22/2003)

RECAP
47 Aug. 22, 2003

NOTICE by intervenor AFL-CIO UFCW of motion to quash subpoena (request for hearing) (former emp) (DXD). (Entered: 08/22/2003)

RECAP
48 Aug. 22, 2003

MOTION for extension of scheduling order deadlines (3rd request) by pla Jose Parra, pla Gonzalo Estrada [48-1], for leave to take more than 10 depositions by pla Jose Parra, pla Gonzalo Estrada [48-2] (former emp) (DXD). (Entered: 08/22/2003)

RECAP
49 Aug. 22, 2003

DECLARATION of Jennifer S Wedel in support of motion for extension of scheduling order deadlines (3rd request) by pla Jose Parra, pla Gonzalo Estrada [48-1], re motion for leave to take more than 10 depositions by pla Jose Parra, pla Estrada [48-2] (former emp) (DXD). (Entered: 08/22/2003)

RECAP
50 Aug. 25, 2003

DECLARATION of Douglas Dority in support of motion to quash subpoena served on it by dft Basha's Inc on 8/11/03 by intervenor AFL-CIO UFCW [45-1] (former emp) (DXD). (Entered: 08/26/2003)

RECAP
51 Sept. 5, 2003

MOTION to extend time to 9/10/03 to respond to motion to quash subpoenas by dft Bashas' Inc [51-1] (DMT) (DXD). (Entered: 09/08/2003)

RECAP
52 Sept. 10, 2003

ORDER by Judge Robert C. Broomfield granting motion to extend time to 9/10/03 to respond to motion to quash subpoenas by dft Bashas' Inc [51-1] (cc: all counsel) (DMT) (ADI-ICMS, ). (Entered: 09/10/2003)

RECAP
53 Sept. 10, 2003

MOTION to extend response dates on motion to quash Union subpoenas and motion for extension of scheduling order deadline by dft Bashas' Inc [53-1] (former emp) (DXD). (Entered: 09/15/2003)

RECAP
54 Sept. 12, 2003

RESPONSE by dft Bashas' Inc to motion for extension of scheduling order deadlines (3rd request) by pla Jose Parra, pla Gonzalo Estrada [48-1] (former emp) (DXD). (Entered: 09/15/2003)

RECAP
54 Sept. 12, 2003

JOINDER by dft Bashas' Inc to motion for leave to take more than 10 depositions by pla Jose Parra, pla Gonzalo Estrada [48-2] [48-2] (former emp) (DXD). (Entered: 09/15/2003)

RECAP
55 Sept. 12, 2003

CROSS-MOTION to enforce subpoenas by dft Bashas' Inc [55-1] and RESPONSE to motion to quash subpoena served on it by dft Basha's Inc on 8/11/03 by intervenor AFL-CIO UFCW [45-1] [45-1], motion to quash subpoena served on it by Bashas's Inc on 8/11/03 by intervenor Local 99 UFCW [42-1] [42-1], motion to quash Subpoena served by Basha's on 8/11/03 by intervenor UFCW Region 8 [39-1] [39-1] by dft Bashas' Inc (former emp) (DXD). (Entered: 09/15/2003)

RECAP
56 Sept. 15, 2003

MINUTE ENTRY before Judge Robert C. Broomfield. ECR: Vicki Reger. Appearances: Elizabeth A. Lawrence for the plaintiffs and Stephanie Quincy for the defendant. Second Rule 16 Scheduling Conference held. The Court and counsel discuss current and proposed deadlines. IT IS ORDERED that counsel in good faith agree upon a proposed confidentiality order to be presented to the Court by September 22, 2003. IT IS FURTHER ORDERED that the defendant may have 10 judicial days after the entry of the confidentiality order to respond to the balance of outstanding written discovery. IT IS FURTHER ORDERED that plaintiff shall have 10 judicial days from receipt of the written discovery to notice any additional depositions. IT IS FURTHER ORDERED that each side may take a total of 25 depositions. Counsel may agree upon the times and places of the depositions and failing that, shall notice depositions to include the time to be completed. Both sides must notice any further depositions 30 calendar days from the date the defendant provides notice of the availability of the sought after documents. Depositions should be completed by December 26, 2003 (45 days from the original date of October 31, 2003). The Court imposes the following deadlines: Plaintiff's expert reports shall be filed by December 1, 2003 and defendant's expert reports shall be filed by January 2, 2004. Rebuttal expert reports shall be filed by January 16, 2004. Counsel shall file the class certification motion 45 days after the close of discovery. Plaintiff shall file a response to the Defendant's Motion to Quash by Friday, September 19, 2003. [cc: RCB, all counsel] [56-2] (KSB) (DXD). (Entered: 09/18/2003)

RECAP
57 Sept. 19, 2003

REPLY by intervenor UFCW, intervenor Local 99 UFCW, intervenor UFCW to opposition to motion to quash Subpoena served by Basha's on 8/11/03 by intervenor UFCW Region 8 [39-1], motion to quash subpoena served on it by Bashas's Inc on 8/11/03 by intervenor Local 99 UFCW [42-1], motion to quash subpoena served on it by dft Basha's Inc on 8/11/03 by intervenor AFL-CIO UFCW [45-1] (former emp) (DXD). (Entered: 09/19/2003)

RECAP
58 Sept. 22, 2003

NOTICE by pla OF TAKING DEPO OF Ernest Arivizu on the following date(s): 9/8/03 (former emp) (DXD). (Entered: 09/23/2003)

RECAP
59 Sept. 22, 2003

NOTICE by pla Jose Parra, pla Gonzalo Estrada OF TAKING DEPO OF David Lang on the following date(s): 9/8/03 (former emp) (DXD). (Entered: 09/23/2003)

RECAP
60 Sept. 22, 2003

NOTICE by pla OF TAKING DEPO OF Tony Rinello on the following date(s): 9/8/03 (former emp) (DXD). (Entered: 09/23/2003)

RECAP
61 Sept. 22, 2003

NOTICE by plas OF TAKING DEPO OF Pam Giroux on the following date(s): 9/8/03 (former emp) (DXD). (Entered: 09/23/2003)

RECAP
62 Sept. 24, 2003

JOINT REQUEST (MOTION) for confidential order by all parties [62-1] (former emp) (DXD). (Entered: 09/25/2003)

RECAP
63 Sept. 29, 2003

NOTICE of service of discovery by plas. (former emp) (Entered: 09/29/2003)

RECAP
64 Sept. 29, 2003

NOTICE of service of discovery by plas. (former emp) (DXD). (Entered: 09/29/2003)

RECAP
65 Sept. 29, 2003

NOTICE of service of amended initial disclosure statement pursuant to FRCivP 26(a) by pla (former emp) (DXD). (Entered: 09/29/2003)

RECAP
66 Oct. 2, 2003

ORDER by Judge Robert C. Broomfield denying motion to quash subpoena served on it by dft Basha's Inc on 8/11/03 intervenor AFL-CIO UFCW [45-1], [42-1] [39-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/02/2003)

RECAP
67 Oct. 3, 2003

AMENDED NOTICE by dft Bashas' Inc OF TAKING DEPO OF Emmy Lou Savage on the following date(s): 10/7/03, Juana Urbina on 10/9/03, Jesus Rodriguez on 10/9/03, Manuel Talavera on 10/10/03 and Maria Gutierrez on 10/13/03 (former emp) (DXD). (Entered: 10/06/2003)

RECAP
68 Oct. 6, 2003

ORDER by Judge Robert C. Broomfield granting motion for confidential order by all parties [62-1]; the Court is inclined to adpt dft's position on the issued with the definition of the term "confidential information."; the order should contain language which provides a mechanism whereby the parties shall resolve amoung themselves whether a document should be considered confidential; the Court finds that confidential information must be filed under seal;; this court would normally be inclined to require that, to the extent any party seeks to use the confidentiality order in connection with a non-English speaking individual, that party should carry the cost of translating it into English in a written form; plas as a group, will share equally with the dft in the cost of translating the confidentiality order and Exhibit A (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/06/2003)

RECAP
69 Oct. 23, 2003

STIPULATION by all parties for entry of confidential order pursuant to the order of this Court dated 10/1/03 (former emp) (DXD). (Entered: 10/28/2003)

RECAP
70 Oct. 31, 2003

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Bashas' Inc (former emp) (DXD). (Entered: 11/03/2003)

RECAP
71 Nov. 4, 2003

STIPULATION FOR ENTRY OF CONFIDENTIAL ORDER by Judge Robert C. Broomfield : granting stipulation by all parties for entry of confidential order pursuant to the order of this Court dated 10/1/03; (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/04/2003)

RECAP
72 Nov. 4, 2003

NOTICE of service of discovery by dft Bashas' Inc . (former emp) (DXD). (Entered: 11/05/2003)

RECAP
73 Dec. 4, 2003

NOTICE OF MOTION AND MOTION (notice of motion and motion) for leave to file first amended complaint by pla Jose Parra, pla Gonzalo Estrada (no lodged document) [73-1] (former emp) (DXD). (Entered: 12/08/2003)

RECAP
74 Dec. 4, 2003

DECLARATION of Elizabeth A Lawrence re motion for leave to file first amended complaint by pla Jose Parra, pla Gonzalo Estrada [73-1] (former emp) (DXD). (Entered: 12/08/2003)

RECAP
75 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF Bashas' Inc on the following date(s): 1/12/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
76 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF Bashas' Inc on the following date(s): 1/14/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
77 Dec. 8, 2003

AMENDED NOTICE by plas OF TAKING DEPO OF Pam Giroux on the following date(s): 1/8/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
78 Dec. 8, 2003

AMENDED NOTICE by plas OF TAKING DEPO OF Tony Rinello on the following date(s): 1/7/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
79 Dec. 8, 2003

AMENDED NOTICE by plas OF TAKING DEPO OF Ernest Arvizu on the following date(s): 1/8/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
80 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF Bashas' Inc on the following date(s): 1/9/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
81 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF Bashas's Inc on the following date(s): 1/13/04 (LSP) (DXD). (Entered: 12/10/2003)

RECAP
82 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF Bashas' Inc on the following date(s): 1/14/03 (LSP) (DXD). (Entered: 12/10/2003)

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83 Dec. 8, 2003

NOTICE by plas OF TAKING DEPO OF David Lang on the following date(s): 1/7/04 (LSP) (DXD). (Entered: 12/10/2003)

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84 Dec. 10, 2003

MINUTE ENTRY before Judge Robert C. Broomfield. ECR: Vicki Reger. Telephonic Appearances: Elizabeth Lawrence for the plaitiff and Stephanie Quincy for the defendant. Discovery dispute hearing held. The Court notes that the issue regarding searching four email in-boxes has been resolved. The Court requests counsel brief the issue regarding plaintiff's request for profit and loss statements. The briefing schedule shall be followed pursuant to the local rules. The Court DIRECTS counsel to discuss the issue of the personnel database further. Ms. Lawrence indicates she will provide Ms. Quincy with UFCW's records by the end of next week. [cc: RCB] [84-1] re: minute entry [84-1] (KSB) (DXD). (Entered: 12/11/2003)

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85 Dec. 16, 2003

MOTION to compel production of documents by plas [85-1], for order for fees and costs incurred ($6,077.50) by plas [85-2] (former emp) (DXD). (Entered: 12/18/2003)

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86 Dec. 16, 2003

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by pla Jose Parra, pla Gonzalo Estrada of motion to compel discovery of documents form dft by plas [85-1] [85-1] (former emp) (DXD). (Entered: 12/18/2003)

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87 Dec. 16, 2003

SEPARATE STATEMENT of discovery requests, responses, and insufficiencies in support of motion to compel production of documents from dfts by plas [85-1] (former emp) (DXD). (Entered: 12/18/2003)

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88 Dec. 16, 2003

DECLARATION of Elizabeth A Lawrence re motion to compel production of documents from dfts by plas [85-1] by pla Jose Parra, pla Gonzalo Estrada (former emp) (DXD). (Entered: 12/18/2003)

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89 Dec. 22, 2003

NOTICE OF MOTION AND MOTION for extension of scheduling order #56 by plas [89-1] (former emp) Modified on 01/14/2004 (DXD). (Entered: 12/30/2003)

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90 Dec. 22, 2003

DECLARATION of Elizabeth a Lawrence in support of motion for extension of scheduling order by plas [89-1] (former emp) (DXD). (Entered: 12/30/2003)

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91 Dec. 24, 2003

MOTION to extend response dates on motion to compel discovery of documents from dft by dft Bashas' Inc [91-1] (former emp) Modified on 01/14/2004 (DXD). (Entered: 12/31/2003)

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92 Dec. 29, 2003

Transcript Designation and Ordering Form re pre-trial proceeding held 9/15/03 (former emp) (DXD). (Entered: 01/02/2004)

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93 Dec. 29, 2003

STIPULATION by all parties for extension of briefing schedule, until 12/30/03, for dft to file its response to pla's motion for leave to amend complaint (former emp) (DXD). (Entered: 01/02/2004)

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94 Dec. 31, 2003

MOTION to extend time to 1/5/04 for dft to respond to motion for leave to amend complaint and motion to compel disc by dft Bashas' Inc [94-1] (DMT) Modified on 01/14/2004 (DXD). (Entered: 01/06/2004)

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95 Jan. 6, 2004

ORDER by Judge Robert C. Broomfield granting stipulation by all parties for extension of briefing schedule as follows: to 12/31/03 for dft to file its response to pla's motion for leave to amend complaint and pla's reply to dft's response due 1/14/04. (cc: all counsel) (DMT) (ADI-ICMS, ). (Entered: 01/06/2004)

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97 Jan. 6, 2004

TRANSCRIPT of scheduling conference by Court Reporter: Vicki Reger for the following date(s): 9/15/03 (LSP) (DXD). (Entered: 01/08/2004)

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96 Jan. 7, 2004

ORDER by Judge Robert C. Broomfield granting motion to extend time to 1/5/04 for dft to respond to motion for leave to amend complaint and motion to compel disc by dft Bashas' Inc [94-1] (cc: all counsel) (DMT) (ADI-ICMS, ). (Entered: 01/07/2004)

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98 Jan. 7, 2004

RESPONSE by dft Bashas' Inc to motion for extension of scheduling order by plas [89-1] (former emp) (DXD). (Entered: 01/12/2004)

RECAP

Case Details

State / Territory:

Arizona

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 4, 2002

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Hispanic workers currently and formerly employed by defendant Bashas’ in an hourly position at any Food City retail store between April 4, 1998 and July 1, 2007, who have been subject to the challenged pay policies and practices.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Bashas', Inc

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

District of Arizona 2:02-cv-00591

U.S. Court of Appeals for the Ninth Circuit 06-16038

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1803761.26

Issues

General/Misc.:

Retaliation

Discrimination Area:

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

Disparate Treatment

Pay / Benefits

Promotion

Training

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Recommended Citation