Case: Brionez v. United States Department of Agriculture ("USDA")

4:01-cv-03969 | U.S. District Court for the Northern District of California

Filed Date: Oct. 22, 2001

Closed Date: Jan. 26, 2007

Clearinghouse coding complete

Case Summary

This is a case about discriminatory hiring practices in Region 5 of the Forest Service of the United States Department of Agriculture (USDA). On October 22, 2001, the Regional Hispanic Working Group (represented by a group of individual members) filed this lawsuit in the United States District Court for the Northern District of California. The plaintiffs sued the USDA under Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e). Represented by the Legal Aid Society Employment Law Center…

This is a case about discriminatory hiring practices in Region 5 of the Forest Service of the United States Department of Agriculture (USDA). On October 22, 2001, the Regional Hispanic Working Group (represented by a group of individual members) filed this lawsuit in the United States District Court for the Northern District of California. The plaintiffs sued the USDA under Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e). Represented by the Legal Aid Society Employment Law Center, the Mexican American Legal Defense and Educational Fund, and private counsel, plaintiffs sought injunctive relief to resolve employment disputes and improve hiring practices that they claimed led to underrepresentation of Hispanics in Region 5’s workforce.

The court granted class certification, defining the class as “[a]ll permanent Hispanic employees of Forest Service, Region 5 who allege that they have applied for and not been selected for a Region 5 Position based on race or national origin, or have been retaliated against because of their involvement in civil rights activities. The class also includes former permanent Hispanic employees who have formal EEO complaints, based on non-selection because of race, national origin, or retaliation, pending on the Effective Date of this Agreement.”

The parties reached a preliminary settlement agreement that was approved by Judge Claudia Wilken on July 2, 2002. Approximately 3 months later, the court approved a final settlement agreement to last three years, with the court retaining the ability to approve a one-time, one-year extension. The agreement provided the opportunity for class members with pending Equal Employment Opportunity Commission (EEOC) complaints to resolve them through mediation. Under the terms of the agreement, mediation would be conducted and paid for by Region 5. If class members chose not to participate in mediation, the standard complaint process continued through the EEOC. If class members opted to participate in mediation, but were unable to resolve their complaint, the complaint would be forwarded to the Region 5 Regional Office to review the case and determine if any additional action should be taken. The Regional Office would then make recommendations to the Regional Forester, who had the final say in the settlement of the complaint. The Regional Forester could either extend a “Best and Final Offer” to the employee or determine no additional offer was to be made, in which case the complaint would continue under the standard EEOC complaint process.

The settlement also provided that Region 5 would take measures to eliminate barriers to hiring, promotion, and retention of Hispanics in the Region 5 workforce. Region 5 was to hire a full-time Regional Recruitment Coordinator to implement the program, make a good-faith effort to fill and maintain the position of Region 5 Civil Rights Director, and retain a monitor to oversee implementation. The program included advertising positions in specific job series, engaging in recruitment activities specifically designed to increase diversity, and providing EEO training to employees. Representatives from the Regional Forester’s Office were also to meet annually with the Regional Hispanic Working Group to review the progress of the settlement agreement and develop plans to effectuate it as needed. The district court retained jurisdiction to enforce the agreement, but the parties were obligated to first attempt to resolve any claim of non-compliance through negotiations. Plaintiffs were also entitled to reasonable attorneys’ fees.

In February of 2006, the settlement agreement was extended by the court for one year. The court found that defendants had not discharged their obligations under the agreement, as they were not in substantial compliance with some elements and were in breach of others. In a subsequent ruling on March 30, 2006, the court specifically stated Region 5 had not properly maintained a Regional Recruitment Coordinator or Civil Rights Director and had failed to properly advertise positions to increase diversity, among other areas of noncompliance. As a result, Region 5 had failed to make significant progress toward the goal of increasing representation of Hispanics in the workforce. The court also provided additional remedies such as mandated contracting with an outside recruiter and the creation of a selection review position. The court denied, however, plaintiffs’ request to declare the constitutionality of using race and national origin as optional plus factors to select among qualified candidates.

On October 9, 2006, the court monitor issued a report indicating that Region 5 was taking its obligations more seriously and was better complying with the agreement. Still, Region 5 was failing to comply with some elements, such as the implementation of particular outreach and recruitment procedures. While the report showed only limited success in increasing Hispanic employment levels, because Region 5 had only recently begun to comply more significantly with the agreement, the monitor acknowledged it would take time to show results. The monitor recommended that Region 5 voluntarily agree to modify the settlement to extend its enforcement until a reasonable period of time after the transfer of HR operations to New Mexico. In that time, the monitor suggested the Region submit regular reports to the court. Region 5 did not agree to extend.

On January 1, 2007, the court denied plaintiffs’ request to extend enforcement of the settlement agreement for an additional 2 years. While Region 5 opted not to extend the agreement pursuant to the monitor’s recommendation, it did agree to continue programs it believed to be effective, such as its mentoring program. The court noted that, even if the goals of the agreement were not met, Region 5 was not in breach of the agreement if they had demonstrated substantial compliance, which the monitor showed in her report. The court did not have any additional authority under its power to implement “additional remedial measures” or elsewhere to extend the agreement beyond the previously used one-time, one-year extension.

Summary Authors

Jordan Schuler (11/6/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5727363/parties/brionez-v-united-states-department-of-agriculture-usda/


Judge(s)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Borton, Robert E (California)

Duarte, Lisa (California)

Gonzales, Cal G (California)

Ho, Christopher (California)

Hulett, Denise M. (California)

Saenz, Thomas A. (California)

Simons, Shaheena Ahmad (California)

Attorneys(s) for Defendant

Azar, Henry A. Jr. (District of Columbia)

Bensing, Daniel (District of Columbia)

Judge(s)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Borton, Robert E (California)

Duarte, Lisa (California)

Gonzales, Cal G (California)

Ho, Christopher (California)

Hulett, Denise M. (California)

Saenz, Thomas A. (California)

Simons, Shaheena Ahmad (California)

Attorneys(s) for Defendant

Azar, Henry A. Jr. (District of Columbia)

Bensing, Daniel (District of Columbia)

Chilakamarri, Varu (District of Columbia)

Kenney, Patricia J. (California)

Lepley, Richard G (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Shapiro, David W (District of Columbia)

Suarez, Marissa (District of Columbia)

Ullman, Susan K (District of Columbia)

Expert/Monitor/Master

Ryan, Kevin V. (California)

Seville, Marci Beth (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Brionez v. United States Department of Agriculture (USDA)

Jan. 26, 2007 Docket
32

Order Granting Unopposed Motion for Provisional Class Certification

Brionez v. United States Department of Agriculture

July 2, 2002 Order/Opinion
44

Final Judgment Approving Settlement Agreement

Brionez v. United States Department of Agriculture

Oct. 23, 2002 Order/Opinion
132

Order Extending Term of Settlement Agreement

Brionez v. United States Department of Agriculture

Feb. 10, 2006 Order/Opinion
137

[Order Denying Defendants' Motion for Entry of Order that Defendants have Discharged their Obligations under the Settlement Agreement, and Granting in Part and Denying in Part Plaintiffs' Motion for Contempt and for Enforcement of Settlement]

Brionez v. United States Department of Agriculture

March 30, 2006 Order/Opinion
144

Order Regarding Reporting and Enforcement Procedure

Brionez v. United States Department of Agriculture

May 15, 2006 Order/Opinion
151 & 151-1 to 151-6

October 9, 2006 Report of the Court Appointed Monitor

Brionez v. United States Department of Agriculture

Oct. 9, 2006 Monitor/Expert/Receiver Report
174

Order Denying Plaintiffs' Motion for Enforcement of Court-Approved Settlement

Brionez v. United States Department of Agriculture

2007 WL 217680

Jan. 26, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5727363/brionez-v-united-states-department-of-agriculture-usda/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT for violation of Title VII of the civil rights act of 1964, no process issued against Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman (Filing fee $150.00 receipt number 3327399). Filed by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (gba, ) (Entered: 10/25/2001)

Oct. 22, 2001
1

COMPLAINT for violation of Title VII of the civil rights act of 1964, no process issued against Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman (Filing fee $150.00 receipt number 3327399). Filed by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (gba, ) (Entered: 10/25/2001)

Oct. 22, 2001 PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 2/22/2002. Case Management Conference set for 3/1/2002 at 01:30 PM. (gba) (Entered: 10/25/2001)

Oct. 22, 2001
2

ADR SCHEDULING ORDER: Case Management Statement due by 2/22/2002. Case Management Conference set for 3/1/2002 at 01:30 PM. (gba) (Entered: 10/25/2001)

Oct. 22, 2001 PACER
3

NOTICE of Related Case C95-4389 DLJ by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (gba, ) (Entered: 10/25/2001)

Oct. 22, 2001
3

NOTICE of Related Case C95-4389 DLJ by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (gba, ) (Entered: 10/25/2001)

Oct. 22, 2001 PACER

Summons Issued as to United States Department of Agriculture ("USDA") (gba, )

Oct. 30, 2001 PACER

Summons Issued as to United States Department of Agriculture ("USDA") (gba, ) (Entered: 10/30/2001)

Oct. 30, 2001

Summons Issued as to Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5") (gba, ) (Entered: 10/30/2001)

Oct. 30, 2001

Summons Issued as to Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5") (gba, )

Oct. 30, 2001 PACER

Summons Issued as to Ann Veneman (gba, )

Oct. 30, 2001 PACER

Summons Issued as to Ann Veneman (gba, ) (Entered: 10/30/2001)

Oct. 30, 2001
4

RESPONSE to notice of related case filed by defendants. (gba) (Entered: 11/07/2001)

Nov. 6, 2001 PACER
4

RESPONSE to notice of related case filed by defendants. (gba) (Entered: 11/07/2001)

Nov. 6, 2001
5

Consent to Proceed Before a U.S. Magistrate Judge by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (gba, ) (Entered: 11/13/2001)

Nov. 9, 2001 PACER
6

PLAINTIFF'S RESPONSE re notice of related case. (gba) (Entered: 11/13/2001)

Nov. 9, 2001
6

PLAINTIFF'S RESPONSE re notice of related case. (gba) (Entered: 11/13/2001)

Nov. 9, 2001 PACER
7

CERTIFICATE OF SERVICE by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group re 5 , 6 (gba, ) (Entered: 11/13/2001)

Nov. 9, 2001
8

ORDER by Judge D. Lowell Jensen denying related case notice. (gba) (Entered: 12/14/2001)

Nov. 13, 2001
7

CERTIFICATE OF SERVICE by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group re 5, 6 (gba, ) (Entered: 11/13/2001)

Nov. 9, 2001 PACER
9

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001
8

ORDER by Judge D. Lowell Jensen denying related case notice. (gba) (Entered: 12/14/2001)

Nov. 13, 2001 PACER
10

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001
9

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001 PACER
11

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001
10

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001 PACER
12

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001
11

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001 PACER
12

SUMMONS Returned Executed, by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. United States Department of Agriculture ("USDA") (kk, ) (Entered: 12/11/2001)

Nov. 28, 2001 PACER
13

NOTICE of Change of Address by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (kk, ) (Entered: 12/11/2001)

Dec. 6, 2001
13

NOTICE of Change of Address by Michael Brionez, Alan Gallegos, Peggy Hernandez, Regional Hispanic Working Group. (kk, ) (Entered: 12/11/2001)

Dec. 6, 2001 PACER
14

REQUEST for reassignment to a U.S. District Judge by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (kk, ) (Entered: 12/11/2001)

Dec. 6, 2001
14

REQUEST for reassignment to a U.S. District Judge by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (kk, ) (Entered: 12/11/2001)

Dec. 6, 2001 PACER
15

CLERK'S NOTICE: re impending reassignment to a United States District Judge. (gba) (Entered: 12/14/2001)

Dec. 14, 2001
15

CLERK'S NOTICE: re impending reassignment to a United States District Judge. (gba) (Entered: 12/14/2001)

Dec. 14, 2001 PACER
16

STIPULATION AND ORDER by Judge Joseph C. Spero extending

Dec. 19, 2001
18

ORDER SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE AND DESIGNATING CASE FOR ELECTRONIC COURT FILING: Case Management Conference set for 3/1/2002 at 01:30 PM. This case is designated for the Court's Electronic Case Filing (ECF) Program. Signed by Judge Claudia Wilken on 12/27/01. (scc, ) (Entered: 12/27/2001)

Dec. 27, 2001
16

STIPULATION AND ORDER by Judge Joseph C. Spero extending time until 1/2/02 for defendants to answer. (gba) (Entered: 12/20/2001)

Dec. 19, 2001 PACER
19

CERTIFICATE OF SERVICE by Michael Brionez re 18 (kc, ) (Entered: 01/11/2002)

Jan. 8, 2002
17

ORDER REASSIGNING CASE. Case reassigned to Judge Claudia Wilken for all further proceedings. Judge Joseph C. Spero no longer assigned to case. (gba) (Entered: 12/20/2001)

Dec. 20, 2001 PACER
20

STIPULATION and Order by United States Department of Agriculture ("USDA"), Ann Veneman. (Kenney, Patricia) (Entered: 01/31/2002)

Jan. 31, 2002
18

ORDER SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE AND DESIGNATING CASE FOR ELECTRONIC COURT FILING: Case Management Conference set for 3/1/2002 at 01:30 PM. This case is designated for the Court's Electronic Case Filing (ECF) Program. Signed by Judge Claudia Wilken on 12/27/01. (scc, ) (Entered: 12/27/2001)

Dec. 27, 2001 PACER
19

CERTIFICATE OF SERVICE by Michael Brionez re 18 (kc, ) (Entered: 01/11/2002)

Jan. 8, 2002 PACER
21

ORDER re 20 GRANTING SECOND STIPULATION. Case Management Statement due by 3/25/2002. Case Management Conference set for 4/12/2002 at 01:30 PM.Signed by Judge Claudia Wilken on 2/6/02. (scc, ) (Entered: 02/06/2002)

Feb. 6, 2002
20

STIPULATION and Order by United States Department of Agriculture ("USDA"), Ann Veneman. (Kenney, Patricia) (Entered: 01/31/2002)

Jan. 31, 2002 PACER
22

ANSWER to Complaint by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 03/04/2002)

March 4, 2002
23

STIPULATION for a Third Extension of Case Management Dates by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 03/19/2002)

March 19, 2002
21

ORDER re 20 GRANTING SECOND STIPULATION. Case Management Statement due by 3/25/2002. Case Management Conference set for 4/12/2002 at 01:30 PM.Signed by Judge Claudia Wilken on 2/6/02. (scc, ) (Entered: 02/06/2002)

Feb. 6, 2002 PACER
24

THIRD STIPULATION AND ORDER. Case Management Conference set for 5/24/2002 at 01:30 PM. Signed by Judge Claudia Wilken on 3/21/02. (scc, ) (Entered: 03/21/2002)

March 21, 2002
22

ANSWER to Complaint by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 03/04/2002)

March 4, 2002 PACER
26

NOTICE of need of ADR Phone Conference (cp, ) (Entered: 05/06/2002)

April 25, 2002
23

STIPULATION for a Third Extension of Case Management Dates by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 03/19/2002)

March 19, 2002 PACER
25

CLERK'S NOTICE of ADR phone conference set for 5/13/02 at 10am (bt, ) (Entered: 04/26/2002)

April 26, 2002
24

THIRD STIPULATION AND ORDER. Case Management Conference set for 5/24/2002 at 01:30 PM. Signed by Judge Claudia Wilken on 3/21/02. (scc, ) (Entered: 03/21/2002)

March 21, 2002 PACER
27

STIPULATION And Order re Case Management Schedule by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 05/09/2002)

May 9, 2002
26

NOTICE of need of ADR Phone Conference (cp, ) (Entered: 05/06/2002)

April 25, 2002 PACER

Set/Reset Deadlines:, Set/Reset Hearings: Case Management Conference set for 7/12/2002 at 01:30 PM. (scc, ) (Entered: 05/16/2002)

May 16, 2002
25

CLERK'S NOTICE of ADR phone conference set for 5/13/02 at 10am (bt, ) (Entered: 04/26/2002)

April 26, 2002 PACER
29

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 7/19/2002 at 01:30 PM. (scc, ) (Entered: 05/22/2002)

May 22, 2002
27

STIPULATION And Order re Case Management Schedule by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 05/09/2002)

May 9, 2002 PACER
28

STIPULATION AND ORDER RE: CASE MANAGEMENT SCHEDULE. Signed by Judge CLAUDIA WILKEN on 5/16/02. (scc, ) (Entered: 05/16/2002)

May 16, 2002 PACER
30

STIPULATION Joint Stipulation for Preliminary Approval of Settlement Agreement by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Settlement Agreement# 2 proposed Notice to Class# 3 E-Mail re Notice to Class# 4 Proposed Order)(Ullman, Susan) (Entered: 06/27/2002)

June 27, 2002

Set/Reset Deadlines:, Set/Reset Hearings: Case Management Conference set for 7/12/2002 at 01:30 PM. (scc, )

May 16, 2002 PACER
31

MOTION to Certify Class filed by Michael Brionez. (Attachments: # 1 Memoramdum in Support of Unopposed Motion for Class Certification# 2 Proposed Order re Class Certification# 3 Ho Decl. in Support of Motion for Class Certification# 4 C. Ho's Resume# 5 D. Hulett's Decl. in Support of Motion for Class Certification# 6 D. Hulett's Resume)(Hulett, Denise) (Entered: 06/27/2002)

June 27, 2002
32

ORDER by Judge Claudia Wilken granting 31 Unopposed Motion for Class Certification (scc, ) (Entered: 07/02/2002)

July 2, 2002
29

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 7/19/2002 at 01:30 PM. (scc, ) (Entered: 05/22/2002)

May 22, 2002 PACER
33

Statement of Non-Opposition to Motion to Certify Class filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 07/02/2002)

July 2, 2002
30

STIPULATION Joint Stipulation for Preliminary Approval of Settlement Agreement by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Settlement Agreement# 2 proposed Notice to Class# 3 E-Mail re Notice to Class# 4 Proposed Order)(Ullman, Susan) (Entered: 06/27/2002)

June 27, 2002 PACER
34

ORDER re 30 Granting Preliminary Approval of Settlement Agreement, Method of Providing Notice to the Class and Scheduling Order. Signed by Judge Claudia Wilken on 7/2/02. (scc, ) (Entered: 07/02/2002)

July 2, 2002
31

MOTION to Certify Class filed by Michael Brionez. (Attachments: # 1 Memoramdum in Support of Unopposed Motion for Class Certification# 2 Proposed Order re Class Certification# 3 Ho Decl. in Support of Motion for Class Certification# 4 C. Ho's Resume# 5 D. Hulett's Decl. in Support of Motion for Class Certification# 6 D. Hulett's Resume)(Hulett, Denise) (Entered: 06/27/2002)

June 27, 2002 PACER

Set/Reset Deadlines:, Set/Reset Hearings: Confirmation (Fairness) Hearing set for 10/18/2002 10:00 AM. (scc, ) (Entered: 07/08/2002)

July 8, 2002
32

ORDER by Judge Claudia Wilken granting 31 Unopposed Motion for Class Certification (scc, ) (Entered: 07/02/2002)

July 2, 2002 RECAP
35

OBJECTIONS to Approval of Settlement Agreement by the National Federation of Employees Forest Service Council . (oh, ) (Entered: 08/23/2002)

Aug. 23, 2002
33

Statement of Non-Opposition to Motion to Certify Class filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 07/02/2002)

July 2, 2002 PACER
34

ORDER re 30 Granting Preliminary Approval of Settlement Agreement, Method of Providing Notice to the Class and Scheduling Order. Signed by Judge Claudia Wilken on 7/2/02. (scc, ) (Entered: 07/02/2002)

July 2, 2002 RECAP
37

MEMORANDUM in Support re 34 of Final Approval of Settlement Agreement and in Response to NFFE-FSC Union filed by Michael Brionez. (Related document(s) 34 ) (Hulett, Denise) (Entered: 09/16/2002)

Sept. 16, 2002

Set/Reset Deadlines:, Set/Reset Hearings: Confirmation (Fairness) Hearing set for 10/18/2002 10:00 AM. (scc, )

July 8, 2002 PACER
38

DECLARATION in Support of Final Approval of Settlement Agreement, confirming Notice to the Class filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 10/10/2002)

Oct. 10, 2002
35

OBJECTIONS to Approval of Settlement Agreement by the National Federation of Employees Forest Service Council. (oh, ) (Entered: 08/23/2002)

Aug. 23, 2002 PACER
39

MEMORANDUM in Support Joint Supplemental Submission in Support of Final Approval of the Settlement Agreement filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Exhibit Ex. 1 - EEOC Decision in Sedillo# 2 Exhibit Ex. 2 - EEOC Advice Letter# 3 Proposed Order (proposed) Final Judgment Approving Settlement Agreement)(Ullman, Susan) (Entered: 10/10/2002)

Oct. 10, 2002
36

Brief re 35 Defendants' Response to the Objections of the Union to Approval of the Settlement Agreement filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Related document(s) 35 ) (Ullman, Susan) (Entered: 09/16/2002)

Sept. 16, 2002 PACER
40

Joint MOTION to Amend/Correct Joint Motion to Make Technical Corrections to the Settlement Agreement filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Proposed Order to Substitute Corrected Pages of Settlement Agreement Nunc Pro Tunc# 2 Exhibit Settlement Agreement with Corrected Pages)(Ullman, Susan) (Entered: 10/16/2002)

Oct. 16, 2002
37

MEMORANDUM in Support re 34 of Final Approval of Settlement Agreement and in Response to NFFE-FSC Union filed by Michael Brionez. (Related document(s) 34 ) (Hulett, Denise) (Entered: 09/16/2002)

Sept. 16, 2002 PACER
41

Minute Entry: Hearing re final approval of settlement held on 10/18/2002 before Claudia Wilken. (Court Reporter Starr Wilson.) (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002
38

DECLARATION in Support of Final Approval of Settlement Agreement, confirming Notice to the Class filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 10/10/2002)

Oct. 10, 2002 PACER
42

ORDER by Judge Claudia Wilken granting 40 Substituting Corrected Pages of Settlement Agreement Nunc Pro Tunc (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002
39

MEMORANDUM in Support Joint Supplemental Submission in Support of Final Approval of the Settlement Agreement filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Exhibit Ex. 1 - EEOC Decision in Sedillo# 2 Exhibit Ex. 2 - EEOC Advice Letter# 3 Proposed Order (proposed) Final Judgment Approving Settlement Agreement)(Ullman, Susan) (Entered: 10/10/2002)

Oct. 10, 2002 PACER
43

ORDER re 35 OVERRULING OBJECTION OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES FOREST SERVICE COUNCIL TO APPROVAL OF SETTLEMENT AGREEMENT. Signed by Judge Claudia Wilken on 10/22/02. (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002
40

Joint MOTION to Amend/Correct Joint Motion to Make Technical Corrections to the Settlement Agreement filed by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Attachments: # 1 Proposed Order to Substitute Corrected Pages of Settlement Agreement Nunc Pro Tunc# 2 Exhibit Settlement Agreement with Corrected Pages)(Ullman, Susan) (Entered: 10/16/2002)

Oct. 16, 2002 PACER
44

FINAL JUDGMENT APPROVING SETTLEMENT AGREEMENT . Signed by Judge Claudia Wilken on 10/23/02. (scc, ) (Entered: 10/23/2002)

Oct. 23, 2002
41

Minute Entry: Hearing re final approval of settlement held on 10/18/2002 before Claudia Wilken. (Court Reporter Starr Wilson.) (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002 PACER
45

Proposed Order re 31 Granting Unopposed Motion for Final Class Certification by Michael Brionez. (Hulett, Denise) (Entered: 10/24/2002)

Oct. 24, 2002
42

ORDER by Judge Claudia Wilken granting 40 Substituting Corrected Pages of Settlement Agreement Nunc Pro Tunc (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002 PACER
46

ORDER re 31 GRANTING UNOPPOSED MOTION FOR FINAL CLASS CERTIFICATION. Signed by Judge Claudia Wilken on 10/29/02. (scc, ) (Entered: 10/29/2002)

Oct. 29, 2002
43

ORDER re 35 OVERRULING OBJECTION OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES FOREST SERVICE COUNCIL TO APPROVAL OF SETTLEMENT AGREEMENT. Signed by Judge Claudia Wilken on 10/22/02. (scc, ) (Entered: 10/22/2002)

Oct. 22, 2002 PACER
47

NOTICE of Change of Address by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 12/11/2002)

Dec. 11, 2002
48

STIPULATION and Order to Extend Time for Filing for Attorneys Fees by Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), United States Department of Agriculture ("USDA"), Ann Veneman. (Ullman, Susan) (Entered: 01/07/2003)

Jan. 7, 2003
44

FINAL JUDGMENT APPROVING SETTLEMENT AGREEMENT . Signed by Judge Claudia Wilken on 10/23/02. (scc, ) (Entered: 10/23/2002)

Oct. 23, 2002 RECAP
49

ORDER re 48 Granting Stipulation to Extend Time for Filing for Attorneys Fees. Signed by Judge Claudia Wilken on 1/8/03. (scc, ) (Entered: 01/08/2003)

Jan. 8, 2003
45

Proposed Order re 31 Granting Unopposed Motion for Final Class Certification by Michael Brionez. (Hulett, Denise) (Entered: 10/24/2002)

Oct. 24, 2002 PACER

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Oct. 22, 2001

Closing Date: Jan. 26, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual Hispanic Forest Service employees and the Regional Hispanic Working Group on behalf of all permanent Hispanic employees of the Forest Service, Region 5 alleging discrimination

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5") (Vallejo, Solano), Federal

Defendant Type(s):

Parks

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2007

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Hispanic