Case: EEOC v. Chaminade University

1:06-cv-00136 | U.S. District Court for the District of Hawaii

Filed Date: March 7, 2006

Closed Date: March 12, 2010

Clearinghouse coding complete

Case Summary

In March 2006, the EEOC's San Francisco District Office filed suit in United States District Court, District of Hawaii, against Chaminade University, alleging that the university violated Title VII of the Civil Rights Act when it refused to hire a female job applicant because she was pregnant. The parties made cross-motions for summary judgment. The defendant alleged plaintiffs failed to mitigate damages and asserted five defenses; both motions were denied. The EEOC's motion for partial summary…

In March 2006, the EEOC's San Francisco District Office filed suit in United States District Court, District of Hawaii, against Chaminade University, alleging that the university violated Title VII of the Civil Rights Act when it refused to hire a female job applicant because she was pregnant.

The parties made cross-motions for summary judgment. The defendant alleged plaintiffs failed to mitigate damages and asserted five defenses; both motions were denied. The EEOC's motion for partial summary judgment was granted. In June 2007, the case was resolved by a consent decree.

Under the terms of the consent decree, the charging party was awarded $50,000, and the defendant was ordered to develop an anti-discrimination policy, to implement training for its employees, and to establish a procedure for investigating complaints of discrimination. The consent decree was set to last for four years from the date of entry on June 19, 2007. However, on March 12, 2010, the court removed the case from its docket and closed the action without prejudice, with terms and conditions of the decree remaining in effect. The court cited no material change in the status of the action or consent decree, and decided an administrative closing would be appropriate. The full length of the consent decree has now passed, and the case is presumed officially closed.

Summary Authors

Shankar Viswanathan (5/19/2008)

Chelsea Rinnig (3/24/2018)

People


Judge(s)

King, Samuel Pailthorpe (Hawaii)

Kurren, Barry M. (Hawaii)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Esperanza-Cervantes, Elizabeth (California)

Offen-Brown, David F. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Adams, Christian K. (Hawaii)

Ashford, James H. (Hawaii)

Tseng, Neill T. (Hawaii)

Judge(s)

King, Samuel Pailthorpe (Hawaii)

Kurren, Barry M. (Hawaii)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Esperanza-Cervantes, Elizabeth (California)

Offen-Brown, David F. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Adams, Christian K. (Hawaii)

Ashford, James H. (Hawaii)

Tseng, Neill T. (Hawaii)

Documents in the Clearinghouse

Document

1:06-cv-00136

Docket [PACER]

March 12, 2010

March 12, 2010

Docket
1

1:06-cv-00136

Complaint

March 7, 2006

March 7, 2006

Complaint
58

1:06-cv-00136

Consent Decree

June 20, 2007

June 20, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT − Civil Rights Employment Discrimination (42 USC 2000e, et seq); Summons (issued) − filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(emt, ) (Entered: 03/09/2006)

March 7, 2006

March 7, 2006

2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/5/2006 before JUDGE BARRY M. KURREN − Signed by Judge HELEN GILLMOR on 3/7/06. (emt, ) (Entered: 03/09/2006)

March 7, 2006

March 7, 2006

3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Chaminade University waiver sent on 3/17/2006, answer due 5/16/2006. (Esparza−Cervantes, Elizabeth) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

4

Defendant's ANSWER to Complaint Filed March 7, 2006 by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

5

REPORT of Planning Meeting per Fed. R. Civ. P 26 (f) and [Proposed Order] − by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 5/23/2006 to add text (emt, ). Modified on 5/23/2006 (emt, ). (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

6

Scheduling Conference Statement by Chaminade University. (Ashford, James) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

7

CERTIFICATE OF SERVICE by Chaminade University re 6 Scheduling Conference Statement (Ashford, James) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

8

Scheduling Conference Statement by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

9

SUPPLEMENT re 5 Report of Planning Meeting, filed by Equal Employment Opportunity Commission, by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

10

INITIAL DISCLOSURE by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

12

CERTIFICATE OF SERVICE by Chaminade University re First Combined Discovery Requests to Plaintiff (Ashford, James) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

13

CERTIFICATE OF SERVICE by Chaminade University re Response to Plaintiff's Request for Production of Documents and Interrogatories (Ashford, James) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

14

CERTIFICATE OF SERVICE by Chaminade University re Notice of Taking Deposition of Chie McCaughey Upon Oral Examination (Ashford, James) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

15

NOTICE by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission of Unavailability of Counsel for Plaintiff Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

16

MOTION for PARTIAL Summary Judgment or to Strike Five Defenses & Notice of Motion by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 (ecs, ). (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

17

Declaration re 16 MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion Declaration of Elizabeth Esparza−Cervantes . (Attachments: # 1 Exhibit 1−Charge of Discrimination# 2 Exhibit 2−Notice of Charge# 3 Exhibit 3−Position Statement# 4 Exhibit 4−Letter of Determination# 5 Exhibit 5−Conciliation Failure Letter# 6 Exhibit 6 Complaint# 7 Exhibit 7 Answer# 8 Exhibit 8− Discovery Responses)(Esparza−Cervantes, Elizabeth) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

18

MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike CONCISE STATEMENT OF FACTS re: Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 add link 16 and clarify title of pleading (ecs, ). (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

19

MOTION for Summary Judgment re Failure to Mitigate Damages by Chaminade University. (Attachments: # 1 Main Document Defendant's Motion for Summary Judgment re Failure to Mitigate Damages# 2 Memorandum Memorandum in Support of Motion# 3 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

20

CONCISE STATEMENT in Support of Defendant's Motion for Partial Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Affidavit of James H. Ashford# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

21

MOTION for Partial Summary Judgment re Punitive Damages by Chaminade University. (Attachments: # 1 Memorandum in Support of MPSJ# 2 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

22

CONCISE STATEMENT in Support Motion for Partial Summary Judgment re Punitives filed by Chaminade University. (Attachments: # 1 Declaration Streeter# 2 Declaration Lee# 3 Affidavit Harrison# 4 Affidavit McCall# 5 Affidavit Adams# 6 Exhibit A# 7 Exhibit B# 8 Exhibit C# 9 Exhibit D# 10 Exhibit E# 11 Exhibit F# 12 Exhibit G# 13 Exhibit H# 14 Exhibit I# 15 Exhibit J# 16 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

CORRECTIVE ENTRY. Exhibit 1 of Docket number 17 contains personal identifiers. Counsel is advised to refer to the "Amended General Order Adopting Electronic Case Filing Procedures", section 11 − 11.1 "Personal Identifiers" through 11.3 "Responsibilty of Counsel".(ecs, ) (Entered: 02/09/2007)

Feb. 7, 2007

Feb. 7, 2007

CORRECTIVE ENTRY. The entry docket number 18 MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS filed by Equal Employment Opportunity Commission was filed incorrectly using the wrong event (Motions). Since the pleading is a not a Motion but a Concise Statement of Facts re: Motion for Partial Summary Judgment, the proper event to use is "Concise Statement of Facts", which can be found under "Motions & Related Filings/Responses and Replies". Please also link the Concise Statement to the Motion when prompted. Docket entry 18 will be terminated by CRM and entry 18 will be modified and linked to 16 by the Clerk's Office. (ecs, ) (Entered: 02/09/2007)

Feb. 7, 2007

Feb. 7, 2007

23

NOTICE of Hearing on Motions'− 16 −MOTION for Summary Judgment or to Strike Five Defenses, 21 −MOTION for Partial Summary Judgment re Punitive Damages, 18 −MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS and 19 −MOTION for Summary Judgment re Failure to Mitigate Damages set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (lls, ) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

24

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion set for 4/20/2007 continued to 4/19/2007 @l0:00 a.m. before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

25

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

26

MEMORANDUM in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 Motion for Patitial Summary Judgment re: Punitive Damages (ecs, ). (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

27

CONCISE STATEMENT in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 (ecs, ). (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

28

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 26 Memorandum in Opposition to Motion ;Concise Statement of Facts; and Esparza−Cervantes Declaration (Esparza−Cervantes, Elizabeth) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

CORRECTIVE ENTRY. No link to pleading re: entry docket number 26 Memorandum in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages and 27 Concise Statement in Opposition to Motion. For future filings, the filing party is reminded to "link" responsive pleadings to the appropriate motion/pertinent document. The Office of the Clerk has modified the docket text to create the "link" to the Partial Motion. (ecs, ) (Entered: 03/27/2007)

March 26, 2007

March 26, 2007

29

RESPONSE in Opposition to Defendant's Partial Motion for Summary Judgment Re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

30

CONCISE STATEMENT in Opposition Defendant's Motion for Partial Summary Judgment re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

31

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission For EEOC's Opposition to Defendant's Motion for Partial Summary Judgment re: Mitigation (Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

32

Declaration Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

34

Additional Exhibits to 33 Declaration, Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C# 2 Exhibit C# 3 Exhibit C# 4 Exhibit C# 5 Exhibit C# 6 Exhibit C)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

35

Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit D# 2 Exhibit D# 3 Exhibit D# 4 Exhibit D# 5 Exhibit D# 6 Exhibit D# 7 Exhibit D)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

36

Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit E# 2 Exhibit E# 3 Exhibit F# 4 Exhibit F# 5 Exhibit F)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

37

Errata re 32 Declaration of Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation . (Attachments: # 1)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

CORRECTIVE ENTRY − No Cover Sheet (Counsel ID, case number, parties, case caption, document description) included for entry docket numbers 36 Additional Exhibits, 35 Additional Exhibits 34 Additional Exhibits that would clarify the filing of these additional exhibits, filed by Equal Employment Opportunity Commission. (ecs, ) (Entered: 03/28/2007)

March 27, 2007

March 27, 2007

38

RESPONSE in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

39

CONCISE STATEMENT in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages (Supplemental Statement) filed by Chaminade University. (Attachments: # 1 Declaration of James H. Ashford# 2 Exhibit D# 3 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

40

Errata re 29 Response in Opposition to Motion, 35 Additional Exhibits, 34 Additional Exhibits, 30 Concise Statement in Opposition to Motion, 33 Declaration, 31 Certificate of Service, 36 Additional Exhibits, 32 Declaration, And Request that Court Accept Documents Docketed Numbers 29 to 36 . (Esparza−Cervantes, Elizabeth) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

41

REPLY to Response to Motion re 21 MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

42

CONCISE STATEMENT in Support Motion for Partial Summary Judgment Re: Punitive Damages Filed 2/7/07 (Supplemental) filed by Chaminade University. (Attachments: # 1 Declaration of Christian K. Adams# 2 Declaration of Frank Damm# 3 Exhibit K# 4 Exhibit L# 5 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

43

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 @l0:00 a.m. will now be set for 2:00 p.m. on the same date before JUDGE SAMUEL P KING. Judge King has decided to attend the District Conference in the morning and is not available for Hearings set in the morning. (Judge SAMUEL P KING )(lls, ) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

44

Errata to Defendant's Supplemental Statement of Facts in Support of its Motion for Partial Summary Judgment re: Punitive Damages Filed 2/7/07 . (Attachments: # 1 Declaration of Frank Damm# 2 Certificate of Service)(Adams, Christian) Modified on 4/9/2007 to add link to 42 . (ecs, ). (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

45

STIPULATION TO DISMISS FIRST, THIRD, FOURTH, SIXTH AND EIGHTH DEFENSES OF DEFENDANTS ANSWER FILED ON MAY 12, 2006 AND ORDER 16 . Signed by Judge SAMUEL P KING. (ecs, ) [Defendant dismisses the First Defense (Failure to State a Claim Upon Which Relief Can Be Granted), Third Defense (Waiver, Estoppel and Laches), Fourth Defense (Statute of Limitations), Sixth Defense (Failure to Exhaust Administrative Remedies) and Eighth Defense (Punitive Damages Barred by Constitution) asserted in Defendants Answer to Complaint. Parties further stipulate and agree that each party will bear its own attorneys fees and costs related to the dismissed defenses, and to the EEOCs claims at issue in Defendants motions for partial summary judgment regarding punitive damages and mitigation. (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

COURT'S CERTIFICATE of Service − a copy of 45 Stipulation to Dismiss First, Third, Fourth, Sixth and Eight Defenses of Defendants Answer has been served by First Class Mail to the addresses of record on 4/11/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

46

EP:Motions' Hearing held on 4/13/2007−Re 19 −MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. 21 −MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. Motions' Terminated. Plaintiff's Counsel−Elizabeth Esparza−Cervantes−Present and Defendants Counsel−James Ashford and Christian Adams−Present. (Court Reporter Debra Chun.) (Judge SAMUEL P KING )(lls, ) Modified on 4/16/2007 (lls, ). (Entered: 04/16/2007)

April 13, 2007

April 13, 2007

47

RULE 16 SCHEDULING ORDER: Signed by Judge BARRY M. KURREN on 4/19/07. (ecs, ) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

COURT'S CERTIFICATE of Service − a copy of 47 Rule 16 Scheduling Order has been served by First Class Mail to the addresses of record on 4/20/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

48

EP: Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 2 − 3:35) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)

April 26, 2007

April 26, 2007

49

CERTIFICATE OF SERVICE by Chaminade University for Notice of Taking Deposition of Raymond J. Griffin, Jr., Upon Oral Examination; Noticeo of Taking Deposition of Mary Bartholomew Upon Oral Deposition (by Telephone); Notice of Taking Deposition Upon Oral Examination Pursuant to FRCP Rule 30(b)(6) (EEOC Representative) (Ashford, James) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

50

EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 8:35 − 8:45) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

51

CERTIFICATE OF SERVICE by Chaminade University for First Amended Notice of Taking Deposition of Mary Bartholomew Upon Oral Examination by Telephone (Ashford, James) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

52

EO: Further Settlement Conference is set for 5/3/2007 at 11:30 AM Hawaii time before JUDGE BARRY M. KURREN. Mr. Ashford and Ms. Esparza−Cervantes to participate by phone. (Judge BARRY M. KURREN)(rwy) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

53

EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 11:30 − 11:45) (Judge BARRY M. KURREN)(rwy) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

54

NOTICE of Hearing:Status Conference Re−Resetting the Trial, Final PreTrial Conference, PreTrial Statement and Trial related Deadlines set for 5/29/2007 09:00 AM before JUDGE BARRY M. KURREN. Judge S. King is unavailable for the Trial Date of July 10, 2007.(lls, ) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

55

EP: Status Conference Re Dates − case close to settlement. Elizabeth Esparza−Cervantes to notify court when the settlement is finalized. Court will then set a Status Conference by which time a Stipulation for Dismissal shall be filed. (FTR−Ctrm C6 no record, 9:20 − 9:24) (Judge BARRY M. KURREN)(rwy) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

56

SETTLEMENT AGREEMENT IN THE FORM OF [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

57

EO:Jury Selection/Jury Trial to follow set for 7/10/2007 is hereby vacated per 56 −Settlement Agreement in the Form of [Proposed) Consent Decree. (Judge SAMUEL P KING )(lls, ) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

58

CONSENT DECREE 56 . Signed by Judge SAMUEL P KING on 6/19/07. (Consent Decree prepared by counsel) . [This Court has jurisdiction over the subject matter of this action and over the Parties for the purposes of entering and enforcing this Consent Decree for a period of four (4) years from entry of this Decree. The Complaint asserts claims that, if proven, would authorize the Court to grant the relief set forth in this Decree. This Court will retain jurisdiction over this Decree for all purposes until the expiration of Chaminades obligations as set forth herein. This Consent Decree shall terminate four (4) years from the date of entry by the court, unless the Commission petitions this court for an extension of the Decree because of noncompliance by Chaminade. If the Commission determines that Chaminade has not complied with the Decree, the Commission will provide written notification of the alleged breach to Chaminade and will not petition the court for enforcement sooner than sixty (60) days after providing written notification. The sixty−day period following written notice shall be used by the parties for good faith efforts to resolve the issue. If the Commission petitions the court and the court finds Chaminade to be in substantial violation of the terms of the Consent Decree, the court may extend this Consent Decree. Except as provided in the preceding paragraph, four (4) years after the entry of this Consent Decree, this lawsuit will be dismissed with prejudice, provided that the Chaminade has complied substantially with the terms of this Consent Decree. Chaminade will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree that Chaminade has failed to comply with any of the terms of this Decree.] (ecs, ) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

59

ORDER ADMINISTRATIVELY CLOSING ACTION. Signed by JUDGE SAMUEL P KING on 3/12/10. ~ For administrative purposes only, this action is closed without prejudice. The action is subject to reopening for further matters upon appropriate motion or filing by any party or by notice from the Court, and as contemplated by the terms of the June 2007 consent decree. The Clerk shall terminate this action from the active docket, without issuing a judgment. (ecs, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2006

Closing Date: March 12, 2010

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

Chaminade University (Honolulu), Private Entity/Person

Case Details

Causes of Action:

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

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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2007 - 2011

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Implement complaint/dispute resolution process

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits