Case: EEOC v. Swinerton Builders

2:05-cv-01625 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 23, 2005

Closed Date: Dec. 7, 2007

Clearinghouse coding complete

Case Summary

In September 2005, the EEOC's Seattle District Office brought this action against Swinerton Builders Northwest in the U.S. District Court for the Western District of Washington alleging that the defendant violated the Age Discrimination in Employment Act when it discriminated against the charging party, a sixty-three year old male employee, by terminating him and hiring a less qualified but younger individual to take his place. After some scheduling orders, the parties settled in December 2005…

In September 2005, the EEOC's Seattle District Office brought this action against Swinerton Builders Northwest in the U.S. District Court for the Western District of Washington alleging that the defendant violated the Age Discrimination in Employment Act when it discriminated against the charging party, a sixty-three year old male employee, by terminating him and hiring a less qualified but younger individual to take his place. After some scheduling orders, the parties settled in December 2005.

Under the two-year consent decree, which included a non-discrimination clause, the defendant was required to: designate a human resource manager to provide guidance on employment decisions, provide annual EEO training to all its employees, give the charging party a neutral reference, provide annual reports to the EEOC, post an EEOC-provided anti-discrimination notice, and pay $49,000 to the charging party.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (5/31/2007)

Documents in the Clearinghouse

Document

2:05-cv-01625

Docket (PACER)

EEOC v. SWINERTON BUILDERS

Dec. 14, 2005

Dec. 14, 2005

Docket
1

2:05-cv-01625

Complaint and Jury Demand

EEOC v. SWINERTON BUILDERS

Sept. 23, 2005

Sept. 23, 2005

Complaint

2:05-cv-01625

Order of Dismissal

EEOC v. SWINERTON BUILDERS

May 10, 2007

May 10, 2007

Order/Opinion

2:05-cv-01625

[Proposed] Consent Decree

EEOC v. SWINERTON BUILDERS

May 10, 2007

May 10, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 5, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Swinerton Builders Northwest Inc (Summons issued) (No fee required), filed by Equal Employment Opportunity Commission. (Attachments: (1) Civil Cover Sheet (2) Email Request to Open New Case)(MKB) (Entered: 09/27/2005)

Sept. 23, 2005

Sept. 23, 2005

2

SERVICE OF SUMMONS and Complaint returned executed upon defendant Swinerton Builders Northwest Inc on 10/3/2005 (RS, ) (Entered: 10/06/2005)

Oct. 5, 2005

Oct. 5, 2005

3

ANSWER to Complaint by Swinerton Builders Northwest Inc.(Parkinson, Robynne) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

4

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 11/14/2005.Initial Disclosure Deadline is 11/21/2005. Joint Status Report due by 11/28/2005; by Judge Ricardo S Martinez. (LC, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

5

JOINT STATUS REPORT and Discovery Plan filed by all parties. Est. Trial Days: Seven (7). (Attachments: # 1 Certificate of Service)(Lee, Damien) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

6

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7 days*. Jury Trial is set for 1/22/2007 at 09:00 AM before Hon. Ricardo S Martinez. Joinder of Parties due by 5/31/2006; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/26/2006; Motions due by 8/25/2006; Discovery completed by 9/25/2006; Dispositive motions due by 10/24/2006; 39.1 mediation to be completed by 12/8/2006; Motions in Limine due by 12/26/2006; Pretrial Order due by 1/10/2007; Trial briefs to be submitted by 1/17/2007; Proposed voir dire/jury instructions due by 1/17/2007; by Judge Ricardo S Martinez. (LC, ) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

7

STIPULATION AND PROPOSED ORDER OF DISMISSAL by parties. (Attachments: # 1 Proposed Order)(Olson, Kathryn) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

8

ORDER OF DISMISSAL by Judge Ricardo S Martinez. (RS, ) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2005

Closing Date: Dec. 7, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Swinerton Builders Northwest, Inc., Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 49000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits