Case: EEOC v. Idaho Power Company

1:02-cv-00409 | U.S. District Court for the District of Idaho

Filed Date: Sept. 4, 2002

Closed Date: Nov. 24, 2006

Clearinghouse coding complete

Case Summary

The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his age and national origin. More specifically, the complaint alleges that the defendant hired nine less qualified white males between the ages of 21-33 for the positions that the charging party sought. …

The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his age and national origin. More specifically, the complaint alleges that the defendant hired nine less qualified white males between the ages of 21-33 for the positions that the charging party sought. The charging party intervened in the suit in October 2002. After two years of discovery motions and motions for summary judgment and seven days before the beginning of trial, the parties settled by entry of a consent decree in November 2004.

The two year consent decree required the defendant to pay the charging party $175,000, and included an anti-discrimination provision (along with policies and procedures), three hours of training on employment discrimination, policies designed to promote supervisor accountability, advertisement of Meter Specialist vacancies, and Bi-Annual reporting to the EEOC. The consent decree also required the defendant to expunge the record of the complaining party.

Summary Authors

Tony Friedman (6/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12037748/parties/eeoc-v-idaho-power-company/


Documents in the Clearinghouse

Documents in this case

1:02-cv-00409

Docket (PACER)

Nov. 24, 2004

Nov. 24, 2004

Docket
1

1:02-cv-00409

Complaint

Sept. 4, 2002

Sept. 4, 2002

Complaint
21

1:02-cv-00409

Intervenor's Complaint -- Marlon A Herrera

EEOC v Idaho Power Company

Feb. 27, 2003

Feb. 27, 2003

Complaint
22

1:02-cv-00409

First Amended Intervenor's Complaint by Intervenor Marlon A. Herrera

Feb. 28, 2003

Feb. 28, 2003

Complaint
54

1:02-cv-00409

Second Amended Complaint [by Plaintiff]

June 13, 2003

June 13, 2003

Complaint
168

1:02-cv-00409

Order [Granting in Part and Denying in Part Motion for Summary Judgment]

March 15, 2004

March 15, 2004

Order/Opinion
200

1:02-cv-00409

Consent Decree and Order Dismissing Action

Nov. 24, 2004

Nov. 24, 2004

Settlement Agreement

1:02-cv-00409

EEOC Litigation Settlements November 2004

No Court

May 8, 2007

May 8, 2007

Press Release

1:02-cv-00409

FY 2005 Annual Report on the Operations and Accomplishments of the Office of the General Counsel

No Court

May 8, 2007

May 8, 2007

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12037748/eeoc-v-idaho-power-company/

Last updated Sept. 17, 2026, 11:11 p.m.

Docket for: EEOC v. Idaho Power Company
ECF Number Date Description Link
1 Sept. 4, 2002

COMPLAINT (Summons(es) issued) Fee Waived. (msb) (Entered: 09/05/2002)

PACER
2 Sept. 5, 2002

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for plaintiff (msb)

PACER
3 Sept. 12, 2002

LITIGATION ORDER by Honorable Edward J. Lodge ; Teleconf set for 12/4/02 at 9:30 (cc: all counsel) (wm)

PACER
4 Sept. 23, 2002

WAIVER OF SERVICE/PROCESS executed upon defendant Idaho Power Company on 9/17/02 (wm) (Entered: 09/24/2002)

PACER
5 Oct. 8, 2002

AMENDED COMPLAINT [1-1] by pla; jury trial demand (ja)

PACER
6 Oct. 17, 2002

MOTION by Marlon A Herrera to intervene (wm)

PACER
7 Oct. 17, 2002

MEMORANDUM by intervenor-pla Marlon A Herrera in support of motion to intervene [6-1] (wm)

PACER
8 Nov. 1, 2002

ANSWER by def; to amended complaint jury demand (wm) (Entered: 11/04/2002)

PACER
10 Nov. 6, 2002

OBJECTION AND RESPONSE by def to motion to intervene [6-1] (wm) (Entered: 11/07/2002)

PACER
11 Nov. 15, 2002

REPLY MEMORANDUM of Marlon A. Herrera in support of motion to intervene [6-1] (ja)

PACER
12 Nov. 19, 2002

LITIGATION PLAN by pla (wm)

PACER
13 Nov. 25, 2002

SCHEDULING ORDER by Honorable Edward J. Lodge ; Telephonic Status Conference vacated ; Discovery ddl set for 6/1/03 ; Disp Motion ddl set 7/1/03 ; Jury Trial set for 2/10/04 at 9:30 Non-dispositive pretrial matters referred to Judge Larry M. Boyle (cc: all counsel) (wm)

PACER
14 Nov. 29, 2002

NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney Carmen Flores for EEOC and substituting attorney Damien Lee (wm)

PACER
15 Jan. 8, 2003

NOTICE OF HEARING motion to intervene [6-1] set before LMB in Boise 9:30 1/27/03 (cc: all counsel) (wm) (Entered: 01/09/2003)

PACER
16 Jan. 23, 2003

ORDER by Honorable Edward J. Lodge Settlement conference referred to Judge Mikel H. Williams (cc: all counsel) (wm)

PACER
17 Jan. 27, 2003

MINUTES OF MOTION HEARING - taking under advisement on 1/27/03 the motion to intervene [6-1] LMB (wm)

PACER
18 Feb. 14, 2003

STIPULATION to extend tie frames in litigation order (wm)

PACER
19 Feb. 20, 2003

ORDER by Judge Larry M. Boyle granting stipulation to extend time frames in litigation order [18-1] (cc: all counsel) (wm)

PACER
20 Feb. 20, 2003

ORDER by Judge Larry M. Boyle granting motion to intervene [6-1] ; Case Mgmt ddl set for 3/6/03 for Herrera to file and serve complaint (cc: all counsel) (wm)

PACER
21 Feb. 27, 2003

INTERVENOR'S COMPLAINT by intervenor-pla Marlon A Herrera (wm) (Entered: 02/28/2003)

PACER
22 Feb. 28, 2003

FIRST AMENDED INTERVENOR'S COMPLAINT by intervenor-pla Marlon A Herrera (wm)

PACER
23 Feb. 28, 2003

STIPULATION to extend time frame for disclosure of expert witnessess in litigation order (wm) (Entered: 03/03/2003)

PACER
24 March 4, 2003

ORDER by Judge Mikel H. Williams ; Settlement conference set for 3/31/03 at 9:30 (cc: all counsel) (wm)

PACER
25 March 6, 2003

WAIVER OF SERVICE/PROCESS executed upon defendant Idaho Power Company on 2/28/03 (wm) (Entered: 03/07/2003)

PACER
26 March 11, 2003

ORDER by Judge Larry M. Boyle granting stipulation to extend time frame for disclosure of expert witnessess in litigation order [23-1] (cc: all counsel) (wm)

PACER
27 March 17, 2003

JOINT MOTION by EEOC, Marlon A Herrera to compel disclosures (wm) (Entered: 03/18/2003)

PACER
29 March 17, 2003

DECLARATION of Keller W. Allen in support of motion to compel disclosures [27-1] (wm) (Entered: 03/18/2003)

PACER
30 March 25, 2003

MOTION by pla to file second amended complaint (ja)

PACER
31 March 25, 2003

MEMORANDUM by pla in support of motion to file second amended complaint [30-1] (ja)

PACER
32 March 25, 2003

DECLARATION of Damien Lee by pla in support of EEOC's motion to file second amended complaint [30-1] (ja)

PACER
33 April 2, 2003

AMENDED ORDER by Judge Mikel H. Williams ; Settlement conference set for 4/28/03 at 9:30 (cc: all counsel) (wm)

PACER
34 April 3, 2003

ALTERNATIVE MOTION by def for protective order (wm) (Entered: 04/04/2003)

PACER
35 April 3, 2003

AFFIDAVIT of Jenny C. Ridinger in support of motion for protective order [34-1] (wm) (Entered: 04/04/2003)

PACER
36 April 3, 2003

MEMORANDUM by def in opposition re: motion to compel disclosures [27-1] (wm) (Entered: 04/04/2003)

PACER
36 April 3, 2003

MEMORANDUM by def in support of motion for protective order [34-1] (wm) (Entered: 04/04/2003)

PACER
37 April 14, 2003

OBJECTION AND RESPONSE by def to motion to file second amended complaint [30-1] (wm) (Entered: 04/15/2003)

PACER
38 April 14, 2003

AFFIDAVIT of Jenny C. Ridinger regarding motion response [37-1] (wm) (Entered: 04/15/2003)

PACER
39 April 16, 2003

REPLY by EEOC and Marlon A Herrera to response to motion to compel disclosures [27-1] (dkh)

PACER
41 April 25, 2003

ANSWER by def (wm) (Entered: 04/28/2003)

PACER
40 April 28, 2003

REPLY BRIEF by pla to response to motion to file second amended complaint [30-1] (wm)

PACER
42 April 28, 2003

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for def re answer [41-1] (wm)

PACER
43 April 28, 2003

AMENDED REPLY by pla to response to motion to file second amended complaint [30-1] (wm) (Entered: 04/29/2003)

PACER
44 May 16, 2003

SUBPOENA as to: Nikki Garza c/o Wal-Mart Supercenter served on 5/7/03 (wm)

PACER
45 May 22, 2003

SUBPOENA as to: City Clerk for the City of Burley served on 5/13/03 (wm) (Entered: 05/23/2003)

PACER
46 May 23, 2003

ORDER by Judge Larry M. Boyle granting motion to compel disclosures [27-1], granting in part and denying in part motion to file second amended complaint [30-1] granting in part and denying in part motion for protective order [34-1] (cc: all counsel) (wm)

PACER
47 May 30, 2003

MOTION by intervenor-pla Marlon A Herrera to compel discovery , and for a limited discovery extension (wm)

PACER
48 May 30, 2003

MEMORANDUM by intervenor-pla Marlon A Herrera in support of motion to compel discovery [47-1], of motion for a limited discovery extension [47-2] (wm)

PACER
49 May 30, 2003

DECLARATION of Keller W. Allen in support of motion to compel discovery [47-1], re motion for a limited discovery extension [47-2] (wm)

PACER
50 May 30, 2003

MOTION by def to extend discovery deadline (wm)

PACER
51 May 30, 2003

AFFIDAVIT of Jenny C. Ridinger in support of motion to extend discovery deadline [50-1] (wm)

PACER
52 June 4, 2003

MOTION by def Idaho Power Company to expedite shorten time for hearing on dfts motion to extend the discovery deadline (wm) (Entered: 06/05/2003)

PACER
53 June 4, 2003

SUPPLEMENTAL DECLARATION by intervenor-pla Marlon A Herrera re motion to compel discovery [47-1] (wm) (Entered: 06/05/2003)

PACER
54 June 13, 2003

SECOND AMENDED COMPLAINT [5-1] by pla EEOC; jury trial demand (ja) (Entered: 06/16/2003)

PACER
55 June 13, 2003

CERTIFICATE OF SERVICE by pla regarding Second Amended Complaint (ja) (Entered: 06/16/2003)

PACER
56 June 18, 2003

NOTICE by pla EEOC of withdrawal of second amended complaint filed on 6/13/03 (dkh) (Entered: 06/19/2003)

PACER
57 June 18, 2003

NOTICE OF WITHDRAWAL by def terminating motion for extension and motion to shorten time [52-1] (ja) (Entered: 06/20/2003)

PACER
58 June 20, 2003

RESPONSE by def to motion to compel discovery [47-1] (wm) (Entered: 06/23/2003)

PACER
59 June 20, 2003

AFFIDAVIT of Linda Perkins regarding motion response [58-1] (wm) (Entered: 06/23/2003)

PACER
60 June 20, 2003

AFFIDAVIT of Jenny C. Ridinger regarding motion response [58-1] (wm) (Entered: 06/23/2003)

PACER
61 June 30, 2003

REPLY by intv-pla Marlon A Herrera to response to motion to compel discovery [47-1], motion for a limited discovery extension [47-2] (wm)

PACER
62 June 30, 2003

SUPPLEMENTAL DECLARATION of Keller W. Allen in support of motion reply [61-1] (wm)

PACER
June 30, 2003

FILE DIVISION - File # 2 begins with document # 63 (wm) (Entered: 07/08/2003)

PACER
63 July 1, 2003

MOTION by def for summary judgment (wm) (Entered: 07/02/2003)

PACER
64 July 1, 2003

STATEMENT OF MATERIAL FACTS by def in support of motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
66 July 1, 2003

AFFIDAVIT of Karl L. Peck regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
67 July 1, 2003

AFFIDAVIT of Chris Elordi regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
68 July 1, 2003

AFFIDAVIT of Chris Bell regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
69 July 1, 2003

AFFIDAVIT of Sam Turner regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
70 July 1, 2003

AFFIDAVIT of Linda Perkins regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

PACER
71 July 1, 2003

MOTION by def Idaho Power Company to exceed the page limit for memorandum in support of motion for summary judgment (wm) (Entered: 07/02/2003)

PACER
72 July 2, 2003

MOTION by def to exceed the page limit for statement of undisputed facts in support of dfts motion for summary judgment (wm) (Entered: 07/07/2003)

PACER
73 July 16, 2003

MOTION by intervenor-pla Marlon A Herrera for leave to file second supplemental declaration and brief (wm)

PACER
74 July 17, 2003

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit for memorandum in support of motion for summary judgment [71-1] (cc: all counsel) (wm)

PACER
75 July 17, 2003

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit for statement of undisputed facts in support of dfts motion for summary judgment [72-1] (cc: all counsel) (wm)

PACER
76 July 17, 2003

MEMORANDUM by def Idaho Power Company in support of motion for summary judgment [63-1] (wm)

PACER
77 July 24, 2003

MOTION by intervenor-pla to strike portions and exhibits of affidavits of Linda Perkins (wm)

PACER
78 July 24, 2003

MEMORANDUM by intervenor-pla in support of motion to strike portions and exhibits of affidavits of Linda Perkins [77-1] (wm)

PACER
79 July 24, 2003

MOTION by intervenor-pla pursuant to FRCP 56(f) (wm)

PACER
80 July 24, 2003

MEMORANDUM by intervenor-pla in support of motion pursuant to FRCP 56(f) [79-1] (wm)

PACER
81 July 24, 2003

DECLARATION of Keller W. Allen in support of motion pursuant to FRCP 56(f) [79-1] (wm)

PACER
82 July 24, 2003

MOTION by pla, intervenor-pla to exceed the page limit on statement of material facts (wm)

PACER
84 July 24, 2003

AFFIDAVIT of Marlon A. Herrera in opposition to dfts motion for summary judgment [63-1] (wm)

PACER
85 July 24, 2003

MOTION by intervenor-pla to exceed the page limit on brief in opposition to dfts motion for summary judgment (wm)

PACER
86 July 24, 2003

AFFIDAVIT of Keller W. Allen in support of motion to exceed the page limit on brief in opposition to dfts motion for summary judgment [85-1] (wm)

PACER
87 July 24, 2003

AFFIDAVIT of Keller W. Allen in opposition to motion for summary judgment [63-1], in accordian file not scanned in (wm) Modified on 07/24/2003

PACER
92 July 24, 2003

RESPONSE by intervenor-pla Marlon A Herrera to motion for summary judgment [63-1] (wm) (Entered: 07/29/2003)

PACER
93 July 24, 2003

STATEMENT OF MATERIAL FACTS by intervenor-pla Marlon A Herrera in opposition to dfts motion for summary judgment [63-1] (wm) (Entered: 07/29/2003)

PACER
88 July 25, 2003

MOTION by pla to exceed the page limit on memorandum in opposition to dfts motion for summary judgment (wm)

PACER
89 July 25, 2003

NOTICE OF PLAS OPPOSITION TO DFTS MOTION FOR SUMMARY JUDGMENT by pla (wm)

PACER
90 July 25, 2003

DECLARATION of Damien Lee re notice [89-1], not scanned in (wm)

PACER
91 July 28, 2003

ORDER by Judge Larry M. Boyle granting motion for leave to file second supplemental declaration and brief [73-1] (cc: all counsel) (wm)

PACER
94 Aug. 1, 2003

REPLY by intervenor-pla Marlon A Herrera to response to motion to compel discovery [47-1] (wm)

PACER
95 Aug. 1, 2003

SECOND SUPPLEMENTAL DECLARATION of Keller W. Allen in support of motion to compel discovery [47-1] (wm)

PACER
96 Aug. 1, 2003

NOTICE OF NON OPPOSITION by def to motion to exceed the page limit on brief in opposition to dfts motion for summary judgment [85-1] (wm) (Entered: 08/04/2003)

PACER
97 Aug. 1, 2003

MOTION by def to extend time to file reply brief in support of motion for summary judgment (wm) (Entered: 08/04/2003)

PACER
98 Aug. 1, 2003

MEMORANDUM by def in support of motion to extend time to file reply brief in support of motion for summary judgment [97-1] (wm) (Entered: 08/04/2003)

PACER
99 Aug. 1, 2003

AFFIDAVIT of Tamsen L. Leachman in support of dfts motion to extend time to file reply brief in support of motion for summary judgment [97-1] (wm) (Entered: 08/04/2003)

PACER
100 Aug. 4, 2003

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit on statement of material facts [82-1] (cc: all counsel) (wm)

PACER
102 Aug. 4, 2003

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit on memorandum in opposition to dfts motion for summary judgment [88-1] (cc: all counsel) (wm)

PACER
103 Aug. 4, 2003

MEMORANDUM by pla in opposition re: motion for summary judgment [63-1] (wm)

PACER

Case Details

State / Territory:

Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 4, 2002

Closing Date: Nov. 24, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Idaho Power Company

Case Details

Causes of Action:

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

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

State Anti-Discrimination Law

State law

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

Other Dockets:

District of Idaho 1:02-cv-00409

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 175000

Order Duration: 2004 - 2006

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Indian

Affected Race(s):

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation