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 attrorneys, 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

4:01-cv-03969

Docket [PACER]

Brionez v. United States Department of Agriculture (USDA)

Jan. 26, 2007

Jan. 26, 2007

Docket
32

4:01-cv-03969

Order Granting Unopposed Motion for Provisional Class Certification

Brionez v. United States Department of Agriculture

July 2, 2002

July 2, 2002

Order/Opinion
44

4:01-cv-03969

Final Judgment Approving Settlement Agreement

Brionez v. United States Department of Agriculture

Oct. 23, 2002

Oct. 23, 2002

Order/Opinion
132

4:01-cv-03969

Order Extending Term of Settlement Agreement

Brionez v. United States Department of Agriculture

Feb. 10, 2006

Feb. 10, 2006

Order/Opinion
137

4:01-cv-03969

[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

March 30, 2006

Order/Opinion
144

4:01-cv-03969

Order Regarding Reporting and Enforcement Procedure

Brionez v. United States Department of Agriculture

May 15, 2006

May 15, 2006

Order/Opinion
151 & 151-1 to 151-6

4:01-cv-03969

October 9, 2006 Report of the Court Appointed Monitor

Brionez v. United States Department of Agriculture

Oct. 9, 2006

Oct. 9, 2006

Monitor/Expert/Receiver Report
174

4:01-cv-03969

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

Brionez v. United States Department of Agriculture

2007 WL 217680

Jan. 26, 2007

Jan. 26, 2007

Order/Opinion

Resources

Docket

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

Last updated Aug. 12, 2022, 3:14 a.m.

ECF Number Description Date Link 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

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

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

Oct. 22, 2001

PACER

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

Oct. 30, 2001

Oct. 30, 2001

PACER

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

Oct. 30, 2001

Oct. 30, 2001

PACER

Summons Issued as to Ann Veneman (gba, )

Oct. 30, 2001

Oct. 30, 2001

PACER
4

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

Nov. 6, 2001

Nov. 6, 2001

PACER
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

Nov. 9, 2001

PACER
6

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

Nov. 9, 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

Nov. 9, 2001

PACER
8

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

Nov. 13, 2001

Nov. 13, 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

Nov. 28, 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

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

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

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

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

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

Dec. 14, 2001

PACER
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

Dec. 19, 2001

PACER
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

Dec. 20, 2001

PACER
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

Dec. 27, 2001

PACER
19

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

Jan. 8, 2002

Jan. 8, 2002

PACER
20

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

Jan. 31, 2002

Jan. 31, 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

Feb. 6, 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

March 4, 2002

PACER
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

March 19, 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

March 21, 2002

PACER
26

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

April 25, 2002

April 25, 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

April 26, 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

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

May 16, 2002

PACER

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

May 16, 2002

May 16, 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

May 22, 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

June 27, 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

June 27, 2002

PACER
32

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

July 2, 2002

July 2, 2002

RECAP
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

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

July 2, 2002

RECAP

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

July 8, 2002

July 8, 2002

PACER
35

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

Aug. 23, 2002

Aug. 23, 2002

PACER
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

Sept. 16, 2002

PACER
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

Sept. 16, 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

Oct. 10, 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

Oct. 10, 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

Oct. 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

Oct. 22, 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

Oct. 22, 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

Oct. 22, 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

Oct. 23, 2002

RECAP
45

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

Oct. 24, 2002

Oct. 24, 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

Oct. 29, 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

Dec. 11, 2002

PACER
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

Jan. 7, 2003

PACER
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

Jan. 8, 2003

PACER
50

NOTICE of Change of Address by Michael Brionez. (cp, ) (Entered: 02/03/2003)

Jan. 23, 2003

Jan. 23, 2003

PACER
51

CERTIFICATE OF SERVICE by Michael Brionez re 50 (cp, ) (Entered: 02/03/2003)

Jan. 23, 2003

Jan. 23, 2003

PACER
52

STIPULATION Second 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: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

PACER
53

ORDER re 52 GRANTING SECOND STIPULATION TO EXTEND TIME FOR FILING FOR ATTORNEYS FEES. Signed by Judge Claudia Wilken on 2/27/03. (scc, ) (Entered: 02/27/2003)

Feb. 27, 2003

Feb. 27, 2003

PACER
54

NOTICE of Related Case C-02-4743-PJH by Jeannie Salas-Duncan. (kc, ) Modified on 3/18/2003 (kc, ). (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

PACER
55

ORDER that cases C-01-3969-CW and C-02-4743-PJH are NOT related. Signed by Judge Claudia Wilken on 4/3/03. (cp, ) (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

PACER
56

STIPULATION Third 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: 04/30/2003)

April 30, 2003

April 30, 2003

PACER
57

ORDER re 56 Granting Third Stipulation to Extend Time for Filing for Attorneys Fees. Signed by Judge Claudia Wilken on 5/2/03. (scc, ) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

PACER
58

STIPULATION & proposed order: Attorneys' Fees Settlement 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) Modified on 6/17/2003 (kk, ). (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

PACER
59

ORDER re 58 Approving Attorneys' Fees Settlement. Signed by Judge Claudia Wilken on 7/3/03. (scc, ) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

RECAP
60

STIPULATION by all parties on the Process for Claiming Implementation 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) (Filed on 12/10/2003) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

PACER
61

ORDER re 60 Approving Process for Claiming Implementation Fees. Signed by Judge Claudia Wilken on 12/15/03. (scc, COURT STAFF) (Filed on 12/15/2003) (Entered: 12/15/2003)

Dec. 15, 2003

Dec. 15, 2003

RECAP
62

ASSOCIATION of Counsel by Peggy Hernandez. (cp, COURT STAFF) (Filed on 4/30/2004) Modified on 5/6/2004 (cp, COURT STAFF).******TO VIEW DOCUMENT, SEE DOCKET #65****** (Entered: 05/06/2004)

April 30, 2004

April 30, 2004

PACER
63

MOTION for request for case management conference filed by Peggy Hernandez. Motion Hearing set for 6/11/2004 01:30 PM. (cp, COURT STAFF) (Filed on 4/30/2004) Modified on 5/6/2004 (cp, COURT STAFF).******TO VIEW DOCUMENT, SEE DOCKET #64****** (Entered: 05/06/2004)

April 30, 2004

April 30, 2004

PACER
64

MOTION for Hearing REQUEST FOR CASE MANAGEMENT CONFERENCE filed by Peggy Hernandez. Motion Hearing set for 6/11/2004 01:30 PM. (Duarte, Lisa) (Filed on 5/6/2004) Modified on 5/6/2004 (cp, COURT STAFF).******DUPLICATE ENTRY, SEE DOCKET #63****** (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER
65

NOTICE by Peggy Hernandez ASSOCIATION OF COUNSEL (Duarte, Lisa) (Filed on 5/6/2004) Modified on 5/6/2004 (cp, COURT STAFF).******DUPLICATE ENTRY, SEE DOCUMENT #62****** (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER
66

ORDER by Judge Claudia Wilken denying without prejudice 63 Motion for Case Management Conference, denying without prejudice 64 Motion for Hearing (scc, COURT STAFF) (Filed on 5/6/2004) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER
67

STIPULATION Attorneys' Fees Settlement for First Implementation Period 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) (Filed on 5/13/2004) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

PACER
68

MOTION to Amend/Correct Notice and Motion to Amend Complaint filed by Peggy Hernandez. Motion Hearing set for 8/20/2004 10:00 AM. (Duarte, Lisa) (Filed on 7/14/2004) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

PACER
69

AMENDED COMPLAINT [PROPOSED] FIRST AMENDED COMPLAINT against all defendants. Filed by Peggy Hernandez. (Attachments: # 1 Exhibit Settlement Agreement)(Duarte, Lisa) (Filed on 7/14/2004) (Entered: 07/14/2004)

1 Exhibit Settlement Agreement

View on PACER

July 14, 2004

July 14, 2004

RECAP
70

MOTION for Extension of Time to File Response/Reply and Proposed Order as to 68 MOTION to Amend/Correct Notice and Motion to Amend Complaint 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. Motion Hearing set for 9/17/2004 10:00 AM. (Attachments: # 1 Declaration in Support of Motion# 2 Proposed Order)(Ullman, Susan) (Filed on 7/15/2004) Modified on 7/16/2004 (oh, ). (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

PACER
71

***DUPLICATE ENTRY, SEE DOCUMENT #68***NOTICE by Peggy Hernandez re 70 MOTION for Extension of Time to File Response/Reply as to 68 MOTION to Amend/Correct Notice and Motion to Amend Complaint (NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION) (Duarte, Lisa) (Filed on 7/20/2004) Modified on 7/21/2004 (oh, ). (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
72

NOTICE by Peggy Hernandez NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO AMEND THE COMPLAINT (Duarte, Lisa) (Filed on 7/22/2004) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

PACER
73

ORDER by Judge Claudia Wilken granting 70 Enlarging Defendants' Time to Respond to Plalintiff's Motion to Amend the Complaint (scc, COURT STAFF) (Filed on 7/29/2004) (Entered: 07/29/2004)

July 29, 2004

July 29, 2004

PACER
74

Memorandum in Opposition re 68 MOTION to Amend/Correct Notice and Motion to Amend Complaint Defendants' Opposition to Peggy Hernandez's Motion to Amend the Complaint 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 # 2 Exhibit)(Ullman, Susan) (Filed on 8/26/2004) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

PACER
75

Reply Memorandum IN SUPPORT OF HER MOTION TO AMEND THE COMPLAINT filed by Peggy Hernandez. (Duarte, Lisa) (Filed on 9/2/2004) Modified on 9/3/2004 (cp, COURT STAFF). (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

PACER
76

STIPULATION Requesting an Order Changing Date For Hearing on Plaintiff's Motion to Amend Complaint by Peggy Hernandez. (Attachments: # 1 Declaration of Lisa Duarte# 2 Proposed Order)(Duarte, Lisa) (Filed on 9/15/2004) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER
77

ORDER re 76 Granting STIPULATION Requesting an Order Changing Date For Hearing on Plaintiff's Motion to Amend Complaint. Signed by Judge Claudia Wilken on 9/16/04. (scc, COURT STAFF) (Filed on 9/16/2004) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
78

Minute Entry: Motion Hearing held on 10/29/2004 before Claudia Wilken (Date Filed: 11/3/2004). (Court Reporter Stephanie Smithson.) (scc, COURT STAFF) (Date Filed: 11/3/2004) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER
79

ORDER by Judge Claudia Wilken denying 68 Motion to Amend Complaint (scc, COURT STAFF) (Filed on 11/3/2004) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER
80

STIPULATION Joint Stipulation and PROPOSED ORDER for Extension on Filing for Attorneys' Fees for the Second Implementation Period by Regional Hispanic Working Group, United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), Michael Brionez, Peggy Hernandez, Alan Gallegos. (Ullman, Susan) (Filed on 11/29/2004) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
81

ORDER re 80 Granting Joint Stipulation for Extension on Filing for Attorneys' Fees for the Second Implementation Period. Signed by Judge Claudia Wilken on 11/30/04. (scc, COURT STAFF) (Filed on 11/30/2004) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
82

STIPULATION and Proposed Order for a Further Extension for Plaintiffs to File for Attorneys Fees for the Second Implementation Period by Regional Hispanic Working Group, United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), Michael Brionez, Peggy Hernandez, Alan Gallegos. (Ullman, Susan) (Filed on 1/11/2005) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
83

ORDER RELATING CASE with member case C-04-4836-CW.. Signed by Judge Claudia Wilken on 1/12/05. (cp, COURT STAFF) (Filed on 1/12/2005) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER
84

ORDER re 82 Granting STIPULATION for a Further Extension for Plaintiffs to File for Attorneys Fees for the Second Implementation Period. Signed by Judge Claudia Wilken on 1/13/05. (scc, COURT STAFF) (Filed on 1/13/2005) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
85

AMENDED ORDER re 82 Granting STIPULATION Order for a Further Extension for Plaintiffs to File for Attorneys Fees for the Second Implementation Period ****(This order corrects 84 which had incorrect signature)****. Signed by Judge Claudia Wilken on 1/13/05. (scc, COURT STAFF) (Filed on 1/14/2005) Modified on 1/14/2005 (scc, COURT STAFF). (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
86

STIPULATION Joint Stipulation to Substitute Revised Exhibit C to the Settlement Agreement by Regional Hispanic Working Group, United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), Michael Brionez, Peggy Hernandez, Alan Gallegos. (Attachments: # 1 revised Exhibit C)(Ullman, Susan) (Filed on 3/14/2005) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

PACER
87

ORDER re 86 Granting Joint Stipulation to Substitute Revised Exhibit C to the Settlement Agreement. Signed by Judge Claudia Wilken on 3/25/05. (Attachments: # 1 Revised Exhibit C to the Settlement Agreement)(scc, COURT STAFF) (Filed on 3/25/2005) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
88

NOTICE of Change of Address by Denise M. Hulett (Hulett, Denise) (Filed on 5/13/2005) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

PACER
89

STIPULATION for Attorneys Fees for the Third Implementation Period by Regional Hispanic Working Group, United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"), Michael Brionez, Peggy Hernandez, Alan Gallegos. (Ullman, Susan) (Filed on 5/19/2005) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
90

ORDER re 89 Granting STIPULATION for Attorneys Fees for the Third Implementation Period. Signed by Judge Claudia Wilken on 5/24/05. (scc, COURT STAFF) (Filed on 5/24/2005) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

PACER
91

NOTICE by Regional Hispanic Working Group, Michael Brionez, Peggy Hernandez, Alan Gallegos PETITION TO WITHDRAW AS COUNSEL (Saenz, Thomas) (Filed on 7/29/2005) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
92

Proposed Order re 91 Notice (Other) PETITION TO WITHDRAW AS COUNSEL by Regional Hispanic Working Group, Michael Brionez, Peggy Hernandez, Alan Gallegos. (Saenz, Thomas) (Filed on 7/29/2005) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
93

ORDER re 91 Granting PETITION TO WITHDRAW AS COUNSEL. Signed by Judge Claudia Wilken on 8/15/05. (scc, COURT STAFF) (Filed on 8/15/2005) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

RECAP
94

MOTION FOR ENTRY OF ORDER THAT DEFENDANTS HAVE DISCHARGED THEIR OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT filed by United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"). Motion Hearing set for 1/27/2006 10:00 AM. (Attachments: # 1 Hispanic Settlement Agreement# 2 Declaration of Vicki Jackson# 3 Plaintiffs' Notice of Intent to Bring Enforcement Action# 4 Carrington Expert Report# 5 Proposed Order)(Ullman, Susan) (Filed on 12/20/2005) Modified on 12/21/2005 (cp, COURT STAFF). (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
95

***DUPLICATE ENTRY, SEE DOCKET # 94 *** MOTION FOR ENTRY OF ORDER THAT DEFENDANTS HAVE DISCHARGED THEIR OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT filed by United States Department of Agriculture ("USDA"), Ann Veneman, Pacific Southwest Region of the Forest Service of the U.S. Department of Agriculture ("Region 5"). Motion Hearing set for 1/27/2006 10:00 AM. (Attachments: # 1 Hispanic Settlement Agreement# 2 Jackson Declaration# 3 Plaintiffs' Notice of Intent to File Enforcement Action# 4 Carrington Report# 5 Proposed Order)(Ullman, Susan) (Filed on 12/20/2005) Modified on 12/21/2005 (cp, COURT STAFF). Modified on 12/21/2005 (cp, COURT STAFF). (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER

Case Details

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:

Monitor/Master

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

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

Hire

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Hispanic