Case: EEOC v. SMITH'S FOOD AND DRUG CENTERS, INC. D/B/A PRICERITE

2:04-cv-01117 | U.S. District Court for the District of New Mexico

Filed Date: Dec. 22, 2004

Closed Date: 2007

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Case Summary

In September 2004, the Albuquerque Area Office of the EEOC (with the participation from the Phoenix District Office) brought this suit in the U.S. District Court for the District of New Mexico against Smith's Food and Drug Centers, Inc., d/b/a PriceRite. The EEOC's complaint alleged that PriceRite violated Title VII of the Civil Rights Act of 1964 by discriminating on the basis of sex. In particular, the complaint alleged that a PriceRite manager made unwanted sexual comments to the charging party, a female employee, and that he inappropriately touched her creating a hostile work environment. In November 2004, the charging party and her husband filed a separate action in New Mexico State Court alleging violation of the New Mexico Human Rights Act. In December 2004, this action was removed to federal court and consolidated with the EEOC's case. In January 2005, the charging party and her husband filed a motion for remand which was granted in April 2005. In May 2005, the parties settled all their claims through a two-year consent degree, containing both non-discrimination and non-retaliation clauses. The decree required PriceRite to: provide the charging party with a neutral reference, distribute their anti-discrimination policies to employees, designate a special investigations officer to investigate discrimination complaints, provide annual EEOC-approved Title VII managerial training, and pay the charging party a sum of $75,000.The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

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Summary Authors

Michele Marxkors (5/30/2007)

Clearinghouse (12/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5288945/parties/eeoc-v-smiths-food-drug/

Judge(s)

Brack, Robert C. (New Mexico)

Judge(s)

Brack, Robert C. (New Mexico)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:04-cv-01417	Docket [consol case] Sandoval, et al v. Pricerite, et al	April 28, 2005	April 28, 2005 Docket
2:04-cv-01117	Docket [PACER] EEOC v. Smith's Food and Drug Centers, Inc.	May 20, 2005	May 20, 2005 Docket
1 2:04-cv-01117	Complaint EEOC v. Smith's Food and Drug Centers, Inc.	Sept. 30, 2004	Sept. 30, 2004 Complaint
44 2:04-cv-01117	Memorandum Opinion and Order EEOC v. Smith's Food and Drug Centers, Inc.	April 28, 2005	April 28, 2005 Order/Opinion
45 2:04-cv-01117	Consent Decree EEOC v. Smith's Food and Drug Centers, Inc.	May 20, 2005	May 20, 2005 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5288945/eeoc-v-smiths-food-drug/

Last updated April 4, 2025, 11:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL from 2nd Judicial District Court w/state court complaint Case Number: 1:04:CV:7643 (referred to Magistrate Judge W. D. Schneider) (jmg) Modified on 12/22/2004 (Entered: 12/22/2004)	Dec. 22, 2004	Dec. 22, 2004
2	ANSWER by defendants [1 − 1] (jmg) (Entered: 12/22/2004)	Dec. 22, 2004	Dec. 22, 2004
3	NOTICE by deft Pricerite of related cases 04cv1117 (bap) Modified on 01/06/2005 (Entered: 01/04/2005)	Jan. 3, 2005	Jan. 3, 2005
4	CERTIFICATE of Service by defts of Pricerite's first set of requests for production of documents, mailed to counsel on 1/12/05 (bap) (Entered: 01/12/2005)	Jan. 12, 2005	Jan. 12, 2005
5	ORDER by District Judge Robert Brack consolidating cases 04 − 1417 w/04 − 1117 (cc: all counsel) (yc) (Entered: 01/18/2005)	Jan. 18, 2005	Jan. 18, 2005
6	MEMORANDUM, OPINION, AND ORDER: by District Judge Robert Brack that the remaining claims brought in 04cv1417 are remanded to Second Judicial District Court remanding case to state court (cc: all counsel) (bap) (Entered: 04/28/2005)	April 28, 2005	April 28, 2005
44	MEMORANDUM, OPINION, AND ORDER: by District Judge Robert Brack granting deft Pricerite's motion for leave to file a surreply to pltf's motion to remand [28-1], and granting pltfs' motion for remand to state court [11-1]; dismissing Count 5 and portion of Count 3 against deft Pricerite are dismissed w/out prejudice remanding case to state court (2:04-cv-01417) (cc: all counsel*) (bap)	April 28, 2005	April 28, 2005 RECAP