Case: EEOC v. Eagle Produce

2:06-cv-01921 | U.S. District Court for the District of Arizona

Filed Date: Aug. 7, 2006

Closed Date: Oct. 3, 2009

Clearinghouse coding complete

Case Summary

In August 2006, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit against Eagle Produce L.L.C. in the U.S. District Court for the District of Arizona alleging wage discrimination on the basis of sex in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant paid male Quality Control Inspectors more than female Inspectors ones despite their performance of substantially similar work duties. The c…

In August 2006, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit against Eagle Produce L.L.C. in the U.S. District Court for the District of Arizona alleging wage discrimination on the basis of sex in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant paid male Quality Control Inspectors more than female Inspectors ones despite their performance of substantially similar work duties. The complainants sought a permanent injunction ending the pay disparity and damages for the individual named plaintiffs.

Both parties moved for summary judgment. Eagle Productions argued that the EEOC lacked evidence to support its claims because the female employees did not perform work equal to that performed by the two comparative male employees. It further argued that the Title VII claim was time-barred. The EEOC sought summary judgment as to Eagle Produce’s statute of limitations defense, its laches defense, and its claim that one of the plaintiffs failed to mitigate her damages.

On June 6, 2008, Judge Neil Wake granted in part and denied in part the plaintiff and defendant’s motions for summary judgment. Specifically, he held that all claims for conduct prior to August 7, 2004 under both Title VII and the Equal Pay Act were barred because of the statute of limitations. All claims under the Equal Pay Act for conduct occurring after August 7, 2004 were still valid. This removed one complainant from the case. Judge Wake further granted the Plaintiff’s motion for summary judgment as to the failure to mitigate damages. 2008 WL 11339627.

The EEOC moved for reconsideration of the order, but Judge Wake denied this motion on July 18th. 2008 WL 2796407.

The parties then entered into settlement conversations. They submitted an agreement to the Court on October 3, 2008, and the Court subsequently dismissed the case with prejudice and required the parties to pay their own attorney fees. Under the settlement, the defendant agreed not to engage in similar discrimination in the future, to pay $9,000 in monetary relief (including back pay and payroll taxes, liquidated damages, and compensatory damages), and to expunge all references to this action and litigation from the complaining employee's employment file. Further, Eagle Produce agreed to provide training on the Equal Pay Act and discrimination, review and modify written policies regarding wage and gender discrimination, promptly investigate future claims of discrimination, and file required reports with the EEOC District Office for the duration of the settlement agreement. The Court retained jurisdiction over the case for one year to enforce the settlement. There was no further action and the case is now closed.

Summary Authors

David Friedman (5/20/2008)

Rachel Barr (10/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4791021/parties/equal-employment-opportunity-commission-v-eagle-produce-llc/


Judge(s)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Chen, Tin-Tin Diana (Arizona)

O'Neill, Mary Jo (Arizona)

Rosas, Lucila G. (Arizona)

Shanley, Sally C. (Arizona)

Attorneys(s) for Defendant

Carroll, Michael F. (Arizona)

Reiman, Clarissa Braza (Arizona)

Judge(s)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Chen, Tin-Tin Diana (Arizona)

O'Neill, Mary Jo (Arizona)

Rosas, Lucila G. (Arizona)

Shanley, Sally C. (Arizona)

Attorneys(s) for Defendant

Carroll, Michael F. (Arizona)

Reiman, Clarissa Braza (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Eagle Produce, LLC

Oct. 7, 2008 Docket
1

Complaint

EEOC v. Eagle Produce, LLC

Aug. 7, 2006 Complaint
3

Amended Complaint

EEOC v. Eagle Produce, LLC

Nov. 29, 2006 Complaint
89

Order

Equal Employment Opportunity Commission v. Eagle Produce

2008 WL 11339627

June 6, 2008 Order/Opinion
92

Order

Equal Employment Opportunity Commission v. Eagle Produce

2008 WL 2796407

July 18, 2008 Order/Opinion
117-1

Settlement Agreement

EEOC v. Eagle Produce LLC

Oct. 3, 2008 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4791021/equal-employment-opportunity-commission-v-eagle-produce-llc/

Last updated May 20, 2022, midnight

ECF Number Description Date Link
1

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Shanley, Sally) (Entered: 08/07/2006)

Aug. 7, 2006
92

ORDER denying 91 Motion for Reconsideration. See text of attached order for full details. Signed by Judge Neil V Wake on 7/18/08.(SJF) Modified on 7/18/2008 to designate as opinion (SJF).

July 18, 2008 RECAP

This case has been assigned to the Honorable Neil V. Wake. All future pleadings or documents should bear the correct case number: CV06−1921−PHX−NVW. (entered by PEM) (Entered: 08/08/2006)

Aug. 7, 2006
2

Summons Issued as to Eagle Produce, L.L.C. (PEM) (Entered: 08/08/2006)

Aug. 8, 2006
3

AMENDED COMPLAINT against Eagle Produce, L.L.C.; Jury Demand, filed by Equal Employment Opportunity Commission.(Rosas, Lucila) (Entered: 11/29/2006)

Nov. 29, 2006
4

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Eagle Produce, L.L.C. served on 12/1/2006, answer due 12/21/2006. (Shanley, Sally) (Entered: 12/05/2006)

Dec. 5, 2006
5

ANSWER to Amended Complaint by Eagle Produce, L.L.C..(Carroll, F) (Entered: 12/22/2006)

Dec. 22, 2006
6

DEMAND for Trial by Jury by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 12/22/2006)

Dec. 22, 2006
7

ORDER: Scheduling Conference set for 2/2/2007 at 11:00 AM before Judge Neil V Wake. Signed by Judge Neil V Wake on 12/26/06. (SJF) (Entered: 12/26/2006)

Dec. 26, 2006
8

Notice by Eagle Produce, L.L.C. // NOTICE OF SERVICE OF DEFENDANT'S RULE 26(a)(1) DISCLOSURE STATEMENT (Carroll, F) (Entered: 01/12/2007)

Jan. 12, 2007
9

Notice re Plaintiff EEOC's Initial Rule 26(a)(1) Disclosure Statement by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 01/17/2007)

Jan. 17, 2007
10

REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Eagle Produce, L.L.C.. (Rosas, Lucila) (Entered: 01/26/2007)

Jan. 26, 2007
11

Notice re Service of Discovery Documents by Eagle Produce, L.L.C. (Carroll, F) (Entered: 02/02/2007)

Feb. 2, 2007
12

TEXT−ONLY Minute Entry. Proceedings held before Judge Neil V Wake: Scheduling Conference held on 2/2/2007. Lucila G. Rosas is present for Plaintiff. F. Michael Carroll and Clarissa Reiman are present for Defendant. Status of the case is discussed and case management deadlines are established. Case Management Order will issue. (Court Reporter Linda Schroeder.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 02/02/2007)

Feb. 2, 2007
13

SCHEDULING ORDER: Discovery due by 8/31/2007, Dispositive motions due by 9/14/2007, Proposed Pretrial Order due by 9/28/2007. Signed by Judge Neil V Wake on 2/2/07. (SJF) (Entered: 02/02/2007)

Feb. 2, 2007
14

Notice re Service of First Discovery Responses to Defendant by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 03/15/2007)

March 15, 2007
16

NOTICE of Deposition of Jimmy Byrd, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 05/01/2007)

May 1, 2007
17

NOTICE of Deposition of Mark Lyons, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 05/01/2007)

May 1, 2007
18

NOTICE of Deposition of Guerrero, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 05/02/2007)

May 2, 2007
19

NOTICE of Deposition of Daniel Gonzalez, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 05/23/2007)

May 23, 2007
20

NOTICE of Deposition of Ricardo Gonzalez, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 05/23/2007)

May 23, 2007
21

Notice re Notice of Service of Responses to Request for Admissions by Eagle Produce, L.L.C. (Carroll, F) (Entered: 05/25/2007)

May 25, 2007
22

Notice re Notice of Service of Responses to 1st Set of Interrogatories by Eagle Produce, L.L.C. (Carroll, F) (Entered: 05/25/2007)

May 25, 2007
23

NOTICE of Deposition of Barbara Rusden, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 05/29/2007)

May 29, 2007
24

Notice re Notice of Service of Response to Request for Production of Documents by Eagle Produce, L.L.C. (Carroll, F) (Entered: 06/11/2007)

June 11, 2007
25

First MOTION for Extension of Time To Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 06/11/2007)

June 11, 2007
26

Notice re Discovery Dispute Regarding Deposition of EEOC Investigator by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 06/12/2007)

June 12, 2007
27

IT IS ORDERED setting telephonic hearing re 26 Notice of Discovery Dispute Regarding Deposition of EEOC Investigator for 6/13/2007 at 11:00 AM before Judge Neil V. Wake. Counsel for Plaintiff shall initiate the conference call. Entered by Judge Neil V. Wake on 6/12/2007. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, ) (Entered: 06/12/2007)

June 12, 2007
28

Minute Entry. Proceedings held before Judge Neil V Wake: Telephone Conference held on 6/13/2007 re discovery dispute. Lucila Rosas is present telephonically for Plaintiff and F. Michael Carroll is present telephonically for Defendant. Counsel present argument. Plaintiff's notice of discovery dispute is granted in part and denied in part. It is denied to the extent that defendant may inquire of deponent Barbara Rudsen concerning the basis for damages to the employee in this case and the relief is granted to the extent that defendant may not inquire generally into the administrative investigation. Discussion is held regarding the pending Motion for Extension of Time. The Court grants the 25 Motion for Extension of Time and the discovery deadline is extended to 8/31/07 as requested. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 06/13/2007)

June 13, 2007
29

Notice re Service of First Supplemental Disclosure and Supplemental Discovery Responses by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 06/20/2007)

June 20, 2007
30

Notice re Service of First Supplemental Disclosure Statement by Eagle Produce, L.L.C. (Carroll, F) (Entered: 06/21/2007)

June 21, 2007
31

NOTICE of Deposition of Paul Collazo, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 07/05/2007)

July 5, 2007
32

Notice re Service of Second Set of Discovery Requests by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 07/13/2007)

July 13, 2007
34

Notice re Subpoena by Eagle Produce, L.L.C. re 33 Notice of Deposition Barbara Rusden (Carroll, F) (Entered: 07/16/2007)

July 16, 2007
35

Notice re Service of 2nd Supplemental Disclosure Statement by Eagle Produce, L.L.C. (Carroll, F) (Entered: 07/17/2007)

July 17, 2007
36

NOTICE of Deposition of Paul Collazo, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 07/18/2007)

July 18, 2007
37

NOTICE of Deposition of Barbara Rusden, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 07/24/2007)

July 24, 2007
38

NOTICE of Deposition of Stephen Martori, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 07/26/2007)

July 26, 2007
39

NOTICE of Deposition of Stephen Martori, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 07/26/2007)

July 26, 2007
40

NOTICE of Deposition of 30(B)(6), filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 07/26/2007)

July 26, 2007
41

Notice re Service of Second Supplemental Disclosure by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 07/26/2007)

July 26, 2007
42

RESPONSE re 40 Notice of Deposition 30(b)(6) by Defendant Eagle Produce, L.L.C.. (Carroll, F) (Entered: 07/31/2007)

July 31, 2007
43

NOTICE of Deposition of Paul Collazo, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 08/03/2007)

Aug. 3, 2007
44

NOTICE of Deposition of Paul Collazo, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 08/07/2007)

Aug. 7, 2007
45

Notice re Service of 3rd Supplemental Disclosure Statement by Eagle Produce, L.L.C. (Carroll, F) (Entered: 08/17/2007)

Aug. 17, 2007
46

Notice re Service by Eagle Produce, L.L.C. Responses to 2nd Set of Non−Uniform Interrogatories, Request for Admission, and Request for Production (Carroll, F) (Entered: 08/17/2007)

Aug. 17, 2007
47

Notice re Service of 3rd Supplemental Disclosure Statement AMENDED by Eagle Produce, L.L.C. (Carroll, F) (Entered: 08/20/2007)

Aug. 20, 2007
48

Notice re Service of Responses to Discovery Requests AMENDED by Eagle Produce, L.L.C. (Carroll, F) (Entered: 08/20/2007)

Aug. 20, 2007
49

NOTICE of Deposition of Paul Collazo, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 08/22/2007)

Aug. 22, 2007
50

NOTICE of Deposition of Paul Collazo (by Subpoena), filed by Eagle Produce, L.L.C.. (Carroll, F) Modified on 8/24/2007 (SAT). INCORRECT PDF DOCUMENT ATTACHED. ATTORNEY NOTICED TO RE−FILE. (Entered: 08/23/2007)

Aug. 23, 2007
51

Notice re of Service by Equal Employment Opportunity Commission re Third Supplemental Disclosure (Rosas, Lucila) (Entered: 08/23/2007)

Aug. 23, 2007
52

NOTICE TO FILER OF DEFICIENCY re 50 Notice of Deposition filed by Eagle Produce, L.L.C.. Description of deficiency: Incorrect PDF document attached. Subpoena in a Civil Action attached to entry instead of the Notice of Deposition. (SAT) (Entered: 08/24/2007)

Aug. 24, 2007
53

Notice re of Service by Equal Employment Opportunity Commission re 2nd Supplemental Response to Defendant's First Set of Interrogatories, Request for Admissions and Request for Production of Documents (Rosas, Lucila) (Entered: 08/27/2007)

Aug. 27, 2007
54

REPORT of Settlement Talks (Joint) by Plaintiff Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/07/2007)

Sept. 7, 2007
56

STATEMENT re 55 MOTION for Summary Judgment Statement of Facts by Defendant Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit Exhibits to Statement of Facts# 2 Exhibit Exhibits 15−21 to Statement of Facts)(Carroll, F) (Entered: 09/14/2007)

Sept. 14, 2007
57

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/14/2007)

Sept. 14, 2007
58

STATEMENT of Facts in Support of Motion for Partial Summary Judgment by Plaintiff EEOC re 57 MOTION for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−10)(Rosas, Lucila) (Entered: 09/14/2007)

Sept. 14, 2007
59

AMENDED DOCUMENT by Eagle Produce, L.L.C.. Amendment to 56 Statement Statement of Facts in support of Motion for Summary Judgment . (Carroll, F) (Entered: 09/18/2007)

Sept. 18, 2007
60

STIPULATION for Extension of Time to Respond to Motions for Summary Judgment by Equal Employment Opportunity Commission, Eagle Produce, L.L.C.. (Carroll, F) (Entered: 09/20/2007)

Sept. 20, 2007
61

LODGED Proposed Order Granting Extension. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Equal Employment Opportunity Commission, Eagle Produce, L.L.C.. (Carroll, F) (Entered: 09/20/2007)

Sept. 20, 2007
62

ORDER granting 60 STIPULATION for Extension of Time (until 10/22/2007) to Respond to Motions for Summary Judgment. Signed by Judge Neil V. Wake on 9/20/2007. (NVW, ) (Entered: 09/20/2007)

Sept. 20, 2007
63

RESPONSE to Motion re 57 MOTION for Partial Summary Judgment Re: Statute of Limitations; Laches; and Failure to Mitigate Damages filed by Eagle Produce, L.L.C.. (Reiman, Clarissa) (Entered: 10/22/2007)

Oct. 22, 2007
64

STATEMENT of Controverting Statement of Facts and Separate Statement of Facts in Support of Response to Plaintiff's Motion for Partial Summary Judgment re 58 Statement, 63 Response to Motion by Defendant Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I)(Reiman, Clarissa) (Entered: 10/22/2007)

Oct. 22, 2007
65

RESPONSE in Opposition re 55 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 10/22/2007)

Oct. 22, 2007
66

STATEMENT of Statement of Facts in Opposition to Defendant's Motion for Summary Judgment re 55 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−11)(Rosas, Lucila) (Entered: 10/22/2007)

Oct. 22, 2007
67

RESPONSE re 56 Statement, 59 Amended Document (NOT Motion/Complaint) Local Rule of Practice 56.1(b) by Plaintiff Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 10/22/2007)

Oct. 22, 2007
68

STIPULATION For Extension of Time to File Respective Replies in Support of Motion(s) for Summary Judgment by Equal Employment Opportunity Commission, Eagle Produce, L.L.C.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Reiman, Clarissa) (Entered: 11/01/2007)

Nov. 1, 2007
69

ORDER granting 68 STIPULATION For Extension of Time to 11/16/2007 to File Respective Replies in Support of Motion(s) for Summary Judgment. Signed by Judge Neil V. Wake on 11/2/2007. (NVW, ) (Entered: 11/02/2007)

Nov. 2, 2007
70

Reply to Response to Motion re 57 Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Rosas, Lucila) Modified on 11/16/2007 (SAT). DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "REPLY" TO "REPLY TO RESPONSE TO MOTION". (Entered: 11/15/2007)

Nov. 15, 2007
72

REPLY in Support re 55 MOTION for Summary Judgment filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 11/16/2007)

Nov. 16, 2007
73

STATEMENT of Exhibit to Def Statement of FActs re 72 Reply in Support of Motion by Defendant Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit Exhibit A to Def Statement of Facts# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibits H and I to Def Statement of Facts# 9 Exhibit Exhibits J and K to Def Statement of Facts)(Carroll, F) (Entered: 11/16/2007)

Nov. 16, 2007
74

Notice re Service by Eagle Produce, L.L.C. 4th Supplemental Disclosure Statement (Carroll, F) (Entered: 11/20/2007)

Nov. 20, 2007
75

MOTION for Leave to File to File Sur−Reply to Defendant Eagle Produce's Reply in Support of its Motion for Summary Judgment by Equal Employment Opportunity Commission. (Rosas, Lucila) Modified on 11/26/2007 (SAT). LODGED PROPOSED DOCUMENT EVENT NOT ENTERED. (Entered: 11/21/2007)

Nov. 21, 2007
76

NOTICE TO FILER OF DEFICIENCY re 75 MOTION for Leave to File to File Sur−Reply to Defendant Eagle Produce's Reply in Support of its Motion for Summary Judgment filed by Equal Employment Opportunity Commission. Description of deficiency: Original proposed pleading not electronically lodged usint the "Lodge Proposed Document" event. (SAT) (Entered: 11/26/2007)

Nov. 26, 2007
77

ORDER − IT IS THEREFORE ORDERED that Plaintiff EEOC's 75 Motion for Leave to File Sur−Reply to Defendant Eagle Produce's Reply in Support of Its Motion for Summary Judgment is granted. Plaintiff may have until December 20, 2007, to file a Sur−Reply and additional controverting evidence. Signed by Judge Neil V Wake on 11/26/07. (SAT) (Entered: 11/27/2007)

Nov. 27, 2007
78

MOTION to Continue Summary Judgment to Obtain the Deposition of B Gomez and Motion for Leave to File a Sur Rebuttal by Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit Declaration of Michael Carroll)(Carroll, F) (Entered: 12/04/2007)

Dec. 4, 2007
79

Minute Entry for telephonic motion hrg held before Judge Neil V Wake: The 77 Order granting pla leave to file a sur−reply on dft's motion for summary jgm is VACATED. Discovery is reopened re: the new contention by pla relating to Mr. Gomez as a comparator and matters ancillary to that. Deadline for this discovery extended to 1/31/08. Dft may file an additional motion for summary jgm, by 2/15/08, addressing the newly disclosed contentions from pla re: Mr. Gomez as a comparator. Pla's response due within the time provided by the rules. The pending 78 Motion for Continuance of Summary Jgm to Obtain the Deposition of Bernardo Gomez and Motion for Leave to File a Sur−Rebuttal is rendered moot by the above ruling. (Court Reporter Laurie Adams.) (SAT) (Entered: 12/06/2007)

Dec. 5, 2007
80

NOTICE of Deposition of Bernardo Gomez, filed by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 01/15/2008)

Jan. 15, 2008
81

NOTICE of Deposition of Beatriz Lizarraga, filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 01/15/2008)

Jan. 15, 2008
82

MOTION for Summary Judgment Re Bernardo Gomez by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 02/15/2008)

Feb. 15, 2008
83

STATEMENT of Facts re 82 MOTION for Summary Judgment re Bernardo Gomez by Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carroll, F) Modified on 3/20/2008 (SAT). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "MOTION FOR SUMMARY JUDGMENT" TO "STATMENT". DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. (Entered: 02/15/2008)

Feb. 15, 2008
84

RESPONSE in Opposition re 82 MOTION for Summary Judgment Re Bernardo Gomez filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 03/19/2008)

March 19, 2008
86

STATEMENT of (Additional) Facts in Opposition To Defendant's Motion for Summary Judgment Re: Bernardo Gomez re 82 MOTION for Summary Judgment Re Bernardo Gomez by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−9)(Rosas, Lucila) (Entered: 03/19/2008)

March 19, 2008
87

STATEMENT (Controverting) in Response to Plaintiff EEOC's 85 Controverting STATEMENT of Facts in Response to Defendant's Additional Statement of Facts re: Bernardo Gomez filed by Eagle Produce, L.L.C.. (Attachments: # 1 Exhibit Exhibit 3, # 2 Exhibit Exhibit 4, # 3 Exhibit Exhibit 5)(Reiman, Clarissa) Modified on 4/8/2008 (SAT). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "RESPONSE IN OPPOSITION" TO "STATEMENT". DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. (Entered: 04/07/2008)

April 7, 2008
88

REPLY in Support re 82 MOTION for Summary Judgment Re Bernardo Gomez Reply in Support of Defendants' Additional Motion for Summary Judgment Re: Bernardo Gomez filed by Eagle Produce, L.L.C.. (Reiman, Clarissa) (Entered: 04/07/2008)

April 7, 2008
89

ORDER − IT IS THEREFORE ORDERED that Dft Eagle Produce, L.L.C.'s 55 Motion for Summary Judgment and 82 Additional Motion for Summary Judgment Re: Bernardo Gomez are DENIED as to the Equal Pay Act claim from 8/7/04, and GRANTED as to the Title VII claim and the Equal Pay Act claim before 8/7/04. FURTHER ORDERED that Pla Equal Employment Opportunity Commission's 57 Motion for Partial Summary Judgment is GRANTED as to the defense of failure to mitigate damages and is DENIED in all other respects. Signed by Judge Neil V Wake on 6/5/08. (SAT) (Entered: 06/06/2008)

June 6, 2008
90

ORDER SETTING FINAL PRETRIAL CONFERENCE − Final Pretrial Conference set for 9/26/2008 at 2:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. Proposed Pretrial Order due by 8/29/2008 no later than 4:00 p.m.. Jury Trial set for 10/21/2008 at 8:30 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. Signed by Judge Neil V Wake on 6/5/08. (SAT) (Entered: 06/06/2008)

June 6, 2008
91

MOTION for Reconsideration of Summary Judgment Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 1 − 3)(Rosas, Lucila) (Entered: 06/19/2008)

June 19, 2008
93

MOTION for Extension of Time to File Joint Pretrial Order and Reschedule Trial Date by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 08/05/2008)

Aug. 5, 2008
94

RESPONSE to Motion re 93 MOTION for Extension of Time to File Joint Pretrial Order and Reschedule Trial Date filed by Eagle Produce, L.L.C.. (Carroll, F) Modified on 8/7/2008 (TLJ). DOCUMENT NOT IN COMPLIANCE WITH LRCIV 7.1(c). ATTORNEY NOTICED. (Entered: 08/06/2008)

Aug. 6, 2008
95

MOTION in Limine re: Exclude Mention of Title VII Claim No Longer Before Court by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 08/08/2008)

Aug. 8, 2008
96

MOTION in Limine re: Exclude Evidence Related to Defenses Not Asserted by Defendant by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment 1)(Rosas, Lucila) (Entered: 08/08/2008)

Aug. 8, 2008
97

ORDER granting 93 Motion for Extension of Time. Proposed Pretrial Order due by 9/12/2008. Trial reset for 10/14/2008 08:30 AM before Judge Neil V Wake.. Signed by Judge Neil V Wake on 8/13/08.(TLJ) (Entered: 08/14/2008)

Aug. 14, 2008
99

RESPONSE to Motion re 95 MOTION in Limine re: Exclude Mention of Title VII Claim No Longer Before Court filed by Eagle Produce, L.L.C.. (Reiman, Clarissa) Modified on 8/25/2008 (TLJ). DOCUMENT NOT IN COMPLIANCE WITH LRCIV 7.1(c). ATTORNEY NOTICED. (Entered: 08/22/2008)

Aug. 22, 2008
100

RESPONSE to Motion re 96 MOTION in Limine re: Exclude Evidence Related to Defenses Not Asserted by Defendant filed by Eagle Produce, L.L.C.. (Reiman, Clarissa) Modified on 8/25/2008 (TLJ). DOCUMENT NOT IN COMPLIANCE WITH LRCIV 7.1(c). ATTORNEY NOTICED. (Entered: 08/22/2008)

Aug. 22, 2008
101

NOTICE of Appearance by Tin−Tin Diana Chen on behalf of Equal Employment Opportunity Commission (Chen, Tin−Tin) (Entered: 08/28/2008)

Aug. 28, 2008
102

Notice re of Lodging by Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 09/12/2008)

Sept. 12, 2008
103

Notice of Filing Proposed Pretrial Order filed by Equal Employment Opportunity Commission, Eagle Produce, L.L.C. (Attachments: # 1 Exhibit 1−6B)(Rosas, Lucila) (Entered: 09/12/2008)

Sept. 12, 2008
104

TRIAL BRIEF by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/12/2008)

Sept. 12, 2008
105

TRIAL BRIEF Memorandum on Issues of Law and Fact by Eagle Produce, L.L.C.. (Carroll, F) (Entered: 09/12/2008)

Sept. 12, 2008

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 7, 2006

Closing Date: Oct. 3, 2009

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

Eagle Produce, L.L.C. (Yuma, Arizona), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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: 9000

Order Duration: 2008 - 2009

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits