Case: EEOC v. TEICHERT & SONS, INC.

2:03-cv-02049 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 30, 2003

Closed Date: May 18, 2004

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Case Summary

In September 2003, the EEOC district office of San Francisco brought this suit against Teichert and Son, Inc., a construction firm that performs grading, in the U.S. District Office for the Eastern District of California. The settlement agreement states that a male employee alleged that he was unlawfully discriminated against because of his race in violation of Title VII of the Civil Rights Act of 1964. After the defendant answered the initial complaint, the parties decided to settle the case…

In September 2003, the EEOC district office of San Francisco brought this suit against Teichert and Son, Inc., a construction firm that performs grading, in the U.S. District Office for the Eastern District of California. The settlement agreement states that a male employee alleged that he was unlawfully discriminated against because of his race in violation of Title VII of the Civil Rights Act of 1964. After the defendant answered the initial complaint, the parties decided to settle the case outside of court and a settlement agreement was drafted.

The agreement stated that the defendant would allow the employee to remain as a Grade Setter with the defendant. The defendant agreed to consult specific, named individuals when determining the employee's performance reviews and that it would consult the EEOC if, within one calendar year, it thought it should remove the employee from his position. The defendant also agreed not to retaliate in any way against the employee for his participation in this litigation. The defendant agreed not to engage in discrimination or retaliation in violation of Title VII. The defendant also agreed to expunge all personnel files of any reference to this litigation.

Summary Authors

Jason Chester (6/2/2007)

Documents in the Clearinghouse

Document

2:03-cv-02049

Docket [PACER]

EEOC v. Teichert & Son, Inc.

May 18, 2004

May 18, 2004

Docket
10

2:03-cv-02049

Stipulation for Dismissal with Prejudice and for Retention of Jurisdiction by the Court and Order

EEOC v. Teichert & Sons, Inc.

May 18, 2004

May 18, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Civil Rights-Employment Discrimination; jury demand, fee status Waived, assigned to Judge William B. Shubb referred to Magistrate Judge Kimberly J. Mueller (lm) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

2

ORDER setting scheduling conference for 9:00 12/8/03 before Judge William B. Shubb (lm) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

3

NOTICE by plaintiff US Equal Employment Opportunity Commission of change of address to 345 Spear Street, Suite 500, San Francisco, CA 94105-1687 (A/M noticed) (daw) (Entered: 10/22/2003)

Oct. 21, 2003

Oct. 21, 2003

4

WAIVER OF SERVICE by defendant Teichert and Son Inc on 10/10/03 (crf) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

5

JOINT STATUS REPORT by plaintiff, defendant (lm) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

6

STATUS (PRETRIAL SCHEDULING) ORDER by Judge William B Shubb ORDERING that the Status Conference scheduled for 12/8/03 is VACATED; All named Dfts have been served and no further service is permitted without leave of court; No further joinder of parties or amendments to pleadings is permitted except with leave of court; Discovery to be completed by 8/30/04; All Motions to be filed on or before 10/15/04; The Final Pretrial Conference is SET for 10:00 12/13/04; Jury Trial SET for 9:00 2/8/05 ; CASE REFERRED to VDRP, VDRP party added to case, 30 day VDRP ddl SET (cc: all counsel) (lm) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

7

ANSWER by defendant Teichert and Son Inc to complaint [1-1] (sk) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

8

LETTER to court from counsel for plaintiff US Equal Employment SELECTING Terry A Wills as VDRP Neutral (old) (Entered: 12/18/2003)

Dec. 17, 2003

Dec. 17, 2003

9

COURT LETTER from VDRP Administrator appointing Terry A Wigen as neutral, VDRP ddl SET for 3/17/04 (old) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

LODGED Stipulation for Dismissal with prejudice and for retention of jurisdiction by the Court and order by Pltf US Equal Employment, and Dft Teichert and Son Inc (lm) (Entered: 05/18/2004)

May 17, 2004

May 17, 2004

NOTICE of REMOVAL from VDRP, party VDRP terminated, VDRP ddls terminated (old) (Entered: 05/19/2004)

May 18, 2004

May 18, 2004

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: May 18, 2004

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

Teichert & Sons, Inc. (Turlock, California), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2004 - 2005

Content of Injunction:

Expungement of Employment Record

Promotion

Reinstatement

Retaliation Prohibition

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Reporting

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits