Case: EEOC v. Bell Gas and Ballew Distributing

1:02-cv-01213 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 26, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 26, 2002, the Equal Employment Opportunity Commission filed a complaint on behalf of two female employees in the U.S. District Court for the District of New Mexico. Under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, the Plaintiff sought injunctive and monetary relief, arguing that the female employees had suffered sexual harassment and had been subjected to a hostile work environment by two managers and a supervisor, who had made offensive …

On September 26, 2002, the Equal Employment Opportunity Commission filed a complaint on behalf of two female employees in the U.S. District Court for the District of New Mexico. Under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, the Plaintiff sought injunctive and monetary relief, arguing that the female employees had suffered sexual harassment and had been subjected to a hostile work environment by two managers and a supervisor, who had made offensive comments, sexual questions, sexual suggestions and unwelcoming touching. According to the Plaintiff, the Defendants did not exercise reasonable care to prevent and promptly correct the sexual harassment.

The Defendants answered the complaint on December 23, 2002, denying Plaintiff's allegations of unlawful employment practices, alleging that the Plaintiff failed to state a claim that would support injunctive relief and that the injunctive relief sought by the Plaintiff was not in accord with the injunctive relief prescribed under Title VII, besides being overly broad. Therefore, the Defendants requested that the Court dismiss Plaintiff's complaint with prejudice.

On January 13, 2003, the Plaintiff filed a motion to strike Defendants' answer, arguing it was untimely filed and filed without leave of the Court. Parties then discussed if the default should be set aside or not, until the Judge Leslie C. Smith granted Defendant's motion to set aside the default.

On June 16, 2003, the judge ordered the action be consolidated with EEOC v. Bell Gas, Inc., et al., CIV 02-1212 BB/KBM. That lawsuit involved a claim of retaliation related to one of the employees, against one of the Defendants and other two companies. District Judge Bruce D. Black found these actions involved common questions of law or fact, hence, granted the motion to consolidate the actions at least for discovery purposes, to avoid unnecessary costs or delay.

One of the employees entered into a consent decree with the Defendants, which was approved by Chief District Judge James A. Parker on January 14, 2004. The Defendants agreed to pay $20,000.00 to the employee. As a result, this individual employee's claims were dismissed with prejudice. The settlement expressly did not preclude the EEOC from prosecuting the remaining claims related to the other employee against the Defendants.

After that, the consolidation order was rescinded on March 26, 2004, by a decision issued by District Judge Bruce D. Black on Case No. 02-1212.

On July 20, 2004, District Judge Bruce D. Black issued a Memorandum, Opinion and Order, denying the Defendants' motions for summary judgment, which had been filed in both actions.

The remaining employee and the Defendants settled on both actions. On September 22, 2004, District Judge William P. Johnson approved the consent decree in which the Defendants agreed to pay $ 36,000.00 to the remaining employee. On the same day, District Judge Bruce D. Black approved the consent decree filed on Case No. 02-1213, by which the Defendants agreed to pay $10,000.00 to the employee. In both, one of the Defendants recognized it was already the subject of a consent decree in another lawsuit (CIV-02-1090 WPJ/ACT) and agreed that it was obligated to undertake the policies and training provided in that consent decree. As a result, all claims asserted by the EEOC against the Defendants were dismissed with prejudice. The Court retained jurisdiction for the purpose of enforcement of the consent decrees during their two years term.

The consent decrees ran the two years without any further litigation. The cases are now closed.

Summary Authors

Daniele de Oliveira Nunes (9/26/2018)

Related Cases

EEOC v. Bell Gas, Inc., District of New Mexico (2002)

EEOC v. Bell Gas, Inc. (AWC Propane), District of New Mexico (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5234152/parties/eeoc-v-bell-gas-incorporate/


Judge(s)

Black, Bruce D. (New Mexico)

Attorneys(s) for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

Attorneys(s) for Defendant

Komer, Mark E (New Mexico)

Long, Nancy Ruth (New Mexico)

Judge(s)

Black, Bruce D. (New Mexico)

Attorneys(s) for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

Attorneys(s) for Defendant

Komer, Mark E (New Mexico)

Long, Nancy Ruth (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Bell Gas Incorporate

Sept. 22, 2004 Docket
1

Complaint

Equal Employment Opportunity Commission v. Bell Gas Incorporated, and Ballew Distributing, Inc.

Sept. 26, 2002 Complaint
39

Order Consolidating Actions

Equal Opportunity Employment Commission v. Bell Gas Incorporated and Ballew Distributing

June 13, 2003 Order/Opinion

Consent Decree Pertaining to Claimant Cheri Brisco Only [Consol. Case 02-1212]

EEOC v. Bell Gas Inc

Jan. 14, 2004 Settlement Agreement
50

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Bell Gas Inc.

July 20, 2004 Order/Opinion
51

Consent Decree

Equal Employment Opportunity Commission v. Bell Gas Inc., and Ballew Distributing

Sept. 22, 2004 Settlement Agreement
51

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004 Order/Opinion
141

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5234152/eeoc-v-bell-gas-incorporate/

Last updated May 20, 2022, 12:02 a.m.

ECF Number Description Date Link
1

COMPLAINT for employment discrimination w/jury demand (3 Summons(es) issued) (referred to Magistrate Judge Karen B. Molzen) (ed) (Entered: 09/27/2002)

Sept. 26, 2002
47

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Lourdes Martinez (cc: all counsel*) (sl)

June 24, 2004 RECAP
50

MEMORANDUM, OPINION, AND ORDER: by District Judge Bruce D. Black denying motions for summary judgment doc#'s 80,82,83,84,85 in CIV 02-1212 (cc: all counsel*) (sl)

July 20, 2004 RECAP

LETTER re: consent to proceed before a US Magistrate Judge (ed) (Entered: 09/27/2002)

Sept. 26, 2002
3

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Leslie C Smith to District Judge Bruce D. Black (cc: all counsel*) (jrm) (Entered: 10/16/2002)

Oct. 16, 2002
4

WAIVER OF SERVICE upon defendant ABC Propane Inc on 11/7/02 (mlk) (Entered: 12/13/2002)

Dec. 11, 2002
5

WAIVER OF SERVICE of s/c upon defendant Bell Gas Inc on 11/7/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

Dec. 11, 2002
6

WAIVER OF SERVICE upon defendant Bell Gas Inc by Ray Bell, President on 12/11/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

Dec. 11, 2002
7

MOTION by plaintiff for entry of default as to defts (jrm) (Entered: 12/17/2002)

Dec. 16, 2002
8

AFFIDAVIT of Veronica A Molina in support of motion for entry of default as to defts [7-1] (jrm) (Entered: 12/17/2002)

Dec. 16, 2002
9

PRAECIPE: by plaintiff requesting Clerk's entry of default against defts [7-1] (jrm) Modified on 12/18/2002 (Entered: 12/18/2002)

Dec. 17, 2002
10

AMENDED CERTIFICATE by plaintiff of service of motion for default and affidavit in support to counsel on 12/17/02 (mlk) (Entered: 12/18/2002)

Dec. 17, 2002
11

CLERK'S ENTRY OF DEFAULT as to defts (cc: all counsel) (jrm) (Entered: 12/20/2002)

Dec. 20, 2002
14

ENTRY OF APPEARANCE for defendants by Debra J. Moulton (mlk) (Entered: 12/30/2002)

Dec. 20, 2002
12

OPPOSED MOTION by defendants to set aside judgment (jrm) (Entered: 12/26/2002)

Dec. 23, 2002
13

ANSWER by defendants [1-1] (jrm) (Entered: 12/26/2002)

Dec. 23, 2002
15

RESPONSE by plaintiff to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

Jan. 3, 2003
16

AFFIDAVIT of Veronica A Molina in support of response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

Jan. 3, 2003
17

OPPOSED MOTION by plaintiff to strike defts' answer filed 12/23/02 (jrm) (Entered: 01/14/2003)

Jan. 13, 2003
18

NOTICE by defendants of completion of opposed mtn to set aside Clerk's entry of default (jrm) (Entered: 01/21/2003)

Jan. 21, 2003
19

REPLY by defendants to response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/22/2003)

Jan. 22, 2003
20

MOTION by defendant for order to initiate electronic filing (mlk) (Entered: 01/23/2003)

Jan. 22, 2003
23

(APPENDIX) EXHIBITS filed by defts to their reply in support of motion to set aside judgment [12-1] (jrm) (Entered: 01/27/2003)

Jan. 27, 2003
22

RESPONSE by defendants to motion to strike defts' answer filed 12/23/02 [17-1] * (jrm) (Entered: 01/28/2003)

Jan. 27, 2003
24

NOTICE of hearing before District Judge Bruce D Black on pending mtns [17-1], [12-1], [7-1] @ 1:30 pm on 3/10/03 in Albuquerque (cc: all counsel*) (jrm) (Entered: 02/05/2003)

Feb. 5, 2003
25

REPLY by plaintiff to response to motion to strike defts' answer filed 12/23/02 [17-1] (jrm) (Entered: 02/13/2003)

Feb. 13, 2003
26

NOTICE by plaintiff of completion of briefing on mtn to strike (jrm) (Entered: 02/13/2003)

Feb. 13, 2003
27

STIPULATED NOTICE by plaintiff of withdrawal of mtn for default & opposed mtn to strike defts' answer (jrm) (Entered: 03/06/2003)

March 5, 2003
28

STIPULATED ORDER by District Judge Bruce D. Black granting defts' opposed motion to set aside Clerk's entry of default [12-1] setting aside Clerk's entry of default as to all defts (cc: all counsel) (jrm) (Entered: 03/07/2003)

March 7, 2003
29

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 4/16/03 @ 2:30 pm; provisional discovery plan & IPTR due 3/26/03 (cc: all counsel*) (jrm) (Entered: 03/12/2003)

March 11, 2003
30

CERTIFICATE of service of initial disclosures by defts to counsel on 4/2/03 * (jrm) (Entered: 04/02/2003)

April 2, 2003
31

MINUTE ORDER: Case referred from Magistrate Judge Karen B Molzen to Magistrate Judge Lourdes A. Martinez (cc: all counsel*) (jrm) (Entered: 04/03/2003)

April 2, 2003
32

CERTIFICATE of service of initial disclosures by plaintiff to counsel on 4/3/03 (jrm) (Entered: 04/07/2003)

April 4, 2003
33

PROVISIONAL DISCOVERY PLAN by the parties (mlk) (Entered: 04/11/2003)

April 9, 2003
36

CLERK'S MINUTES: Telephonic Rule 16 Scheduling Conference before Magistrate Judge Lourdes A. Martinez Clerk/Sonia Reyes (js) (Entered: 04/22/2003)

April 16, 2003
34

ORDER by Magistrate Judge Lourdes A. Martinez setting a settlememt conference for 7/22/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 04/18/2003)

April 18, 2003
35

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/18/03 (jrm) (Entered: 04/21/2003)

April 21, 2003
37

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 10/16/03 ; mtn filing ddl set for 11/28/03 ; proposed pretrial order due 1/30/04 ; pretrial conference set for 8:30 am on 3/22/04 ; jury trial set for 9:00 am on 4/5/04 ; Estimated of Trial Days: 2; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 05/01/2003)

May 1, 2003
38

ORDER by Magistrate Judge Lourdes A. Martinez rescheduling settlement conference from 7/22/03 to 7/21/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 06/03/2003)

June 3, 2003
39

CERTIFICATE of Service by pltf of 1st set of interrog(s) to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

June 16, 2003
40

CERTIFICATE of Service by pltf of 1st request for production to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

June 16, 2003
57

ORDER by District Judge Bruce D. Black consolidating this action w/member case CIV 02-1213 (cc: all counsel) (jrm) (Entered: 08/08/2003)

June 16, 2003
58

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Rule 16 scheduling conference held 6-4-03 (jrm) (Entered: 08/11/2003)

June 17, 2003
59

ORDER by Magistrate Judge Lourdes A. Martinez setting settlement conference for 10/29/03 @ 1:30 pm in Las Cruces, NM (cc: all counsel) (jrm) (Entered: 08/11/2003)

June 18, 2003
41

CERTIFICATE of Service by deft ABC Propane Inc of 1st set of interrog(s) & request for production to Evelyn Silva & counsel of record on 6/20/03* (pr) (Entered: 06/20/2003)

June 20, 2003
60

ORDER by Magistrate Judge Lourdes A. Martinez vacating the settlement conference set for 10/29/03 & resetting it for 7/21/03 @ 1:30 pm in Las Cruces, NM [59-1] (cc: all counsel) (jrm) (Entered: 08/11/2003)

June 26, 2003
42

CERTIFICATE of Service by pltf of 2nd supplemental initial disclosures to counsel on 6/27/03* (pr) (Entered: 06/30/2003)

June 27, 2003
43

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 11/1/03 ; mtn filing ddl set for 12/20/03 ; proposed pretrial order due 2/13/04 ; Estimated # of Trial Days: 4; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 07/08/2003)

July 8, 2003
44

OPPOSED MOTION by defts to vacate settlement conference & allow 30 day stay & extension of time for defts to retain new counsel (*) (jrm) (Entered: 07/15/2003)

July 15, 2003
45

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on mtn to vacate settlement conference & allow 20 day stay & extension of time for defts to retain new counsel [44-1] @ 8:30 am on 7/18/03 (cc: all counsel*) (jrm) Modified on 07/21/2003 (Entered: 07/18/2003)

July 17, 2003
46

ORDER by Magistrate Judge Lourdes A. Martinez denying motion to vacate settlement conference & allow 30 day stay extension of time for defts to retain new counsel [44-1] by ABC Propane Inc, Cortez Gas Company, Bell Gas Incorporate (cc: all counsel*) (jrm) (Entered: 07/21/2003)

July 18, 2003
48

CLERK'S MINUTES: hrg held on pltf's mtn to withdraw attorney on 7/18/03 before Magistrate Judge Lourdes A. Martinez [47-1] (*) (jrm) Modified on 08/04/2003 (Entered: 07/24/2003)

July 24, 2003
49

CLERK'S MINUTES: status conference held 7/21/03 before Magistrate Judge Lourdes A. Martinez (*) (jrm) (Entered: 07/24/2003)

July 24, 2003
51

ORDER by Magistrate Judge Lourdes A. Martinez setting deadline for defts' to substitute counsel, defts to have until 5:00 pm on 8/5/03 (cc: all counsel*) (jrm) (Entered: 07/24/2003)

July 24, 2003
52

CERTIFICATE of service of answers & objections to deft ABC Propane's 1st set of interrog(s) & requests for production by pltf to counsel on 7/21/03 (*) (jrm) (Entered: 07/24/2003)

July 24, 2003
53

CLERK'S MINUTES: settlement conference before Magistrate Judge Lourdes A. Martinez on 7/21/03; case did not settle (*) (jrm) (Entered: 07/30/2003)

July 30, 2003
54

MOTION by defts to withdraw attorney Debra Moulton (*) (jrm) (Entered: 07/31/2003)

July 31, 2003
55

ENTRY OF APPEARANCE for defts by Nancy Ruth Long and Mark E. Komer (mjr) (Entered: 07/31/2003)

July 31, 2003
56

CERTIFICATE of service of 3rd supplemental initial disclosures by pltf to counsel on 8/6/03 (*) (jrm) (Entered: 08/06/2003)

Aug. 6, 2003
61

NOTICE by defts of completion of briefing on mtn to withdraw as counsel (*) (jrm) (Entered: 09/03/2003)

Sept. 3, 2003
62

ORDER by Magistrate Judge Lourdes A. Martinez granting motion to withdraw attorney Debra Moulton [54-1] for Bell Gas Incorporate, Cortez Gas Company & ABC Propane Inc (cc: all counsel*) (jrm) (Entered: 09/16/2003)

Sept. 16, 2003
63

CERTIFICATE of service by defts of responses to first request for production to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

Sept. 26, 2003
64

CERTIFICATE of service by defts of answers to first set of interrogs to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

Sept. 26, 2003
65

JOINT MOTION for a limited extension of the discovery deadline (*) (jrm) (Entered: 10/15/2003)

Oct. 15, 2003
66

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the discovery deadline extended to 11/5/03 [65-1] (cc: all counsel) (js) Modified on 10/27/2003 (Entered: 10/23/2003)

Oct. 23, 2003
70

ENTRY OF APPEARANCE for New Mexico Labor by Rebecca Wardlaw (sl) (Entered: 11/26/2003)

Oct. 23, 2003
67

JOINT MOTION by pltf for a limited extension of the 11/5/03 discovery deadline (*) (jrm) (Entered: 11/05/2003)

Nov. 5, 2003
72

RESPONSE by defendants to movant NMDOL's motion to quash subpoena [71-1] and for protective order [71-2] (sl) (Entered: 11/26/2003)

Nov. 6, 2003
72

MOTION by defts to compel pltf to consent to production of unemployment records (jrm) (Entered: 12/08/2003)

Nov. 6, 2003
74

APPENDIX filed by defendants re response [72-1] (sl) Modified on 12/02/2003 (Entered: 11/26/2003)

Nov. 7, 2003
68

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the 11/5/03 discovery deadline [67-1] Discovery cutoff 11/26/03 (cc: all counsel) (js) (Entered: 11/12/2003)

Nov. 12, 2003
73

REPLY by movant New Mexico Dept Labr to defts' response to motion to quash subpoena [71-1] and for protective order (sl) (Entered: 11/26/2003)

Nov. 13, 2003
76

RESPONSE by pltf to motion to compel pltf to consent to production of unemployment records [72-1] (jrm) (Entered: 12/08/2003)

Nov. 21, 2003
69

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on pending mtns for 12/11/03 @ 2:00 pm (cc: all counsel*) (jrm) (Entered: 11/25/2003)

Nov. 25, 2003
75

CERTIFICATE of service by plaintiff of 4th supplemental initial disclosures to counsel on 12/1/03 * (vv) (Entered: 12/01/2003)

Dec. 1, 2003
77

REPLY by defts to response to motion to compel pltf to consent to production of unemployment records [72-1] (*) (jrm) (Entered: 12/08/2003)

Dec. 5, 2003
78

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Status Conference held 12/11/03 (*) (jrm) (Entered: 12/17/2003)

Dec. 16, 2003
79

STIPULATED MOTION by defts to extend time until 12/24/03 in which to file pretrial mtns (*) (jrm) (Entered: 12/23/2003)

Dec. 23, 2003
80

MOTION & memo in support by deft Ballew Distributing Inc for summary judgment and to dismiss (*) (jrm) (Entered: 12/24/2003)

Dec. 24, 2003
81

MOTION & memorandum by deft Ballew Distributing for summary judgment on claim of hostile work environment * (dmw) (Entered: 12/24/2003)

Dec. 24, 2003
82

MOTION & memorandum by deft ABC Propane Inc for summary judgment on retaliation claim and for partial summary judgment on backpay damages & injunctive relief * (dmw) (Entered: 12/24/2003)

Dec. 24, 2003
83

MOTION & memorandum by deft Bell Gas Inc for summary judgment on the issue of claims related to Evelyn Silva's employment with Ballew Distributing * (dmw) (Entered: 12/24/2003)

Dec. 24, 2003
84

MOTION & memorandum by deft Bell Gas for summary judgment on claims related to Evelyn Silva's employment with ABC Propane * (dmw) (Entered: 12/24/2003)

Dec. 24, 2003
85

MOTION & memorandum by defendant Cortez Gas Company for summary judgment * (dmw) (Entered: 12/24/2003)

Dec. 24, 2003
86

ORDER by Magistrate Judge Lourdes A. Martinez denying defts' motion to compel pltf to consent to production of unemployment records [72-1] & to quash subpoena [71-1] (cc: all counsel) (js) (Entered: 12/31/2003)

Dec. 31, 2003
87

APPENDIX of Exhibits filed by deft Bell Gas Incorporate re mtn for sum/jgm [80-1] & mtn to dismiss [80-2] (td) (Entered: 12/31/2003)

Dec. 31, 2003
88

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on claim of hostile work environment [81-1] (td) (Entered: 12/31/2003)

Dec. 31, 2003
89

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on the issue of claims related to Evelyn Silva's employment with Ballew Distributing [83-1] (td) (Entered: 12/31/2003)

Dec. 31, 2003
90

UNOPPOSED MOTION by pltf to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss (jrm) (Entered: 01/07/2004)

Jan. 6, 2004
91

AMENDED CERTIFICATE of Service by pltf of unopposed mtn for extension to respond to mtns for sum/jgm to cousnel on 1/7/04* (pr) (Entered: 01/14/2004)

Jan. 14, 2004
92

ORDER by Senior Judge James A. Parker of consent decree pertaining to claimant Cheri Brisco only as described herein (cc: all counsel) (sl) (Entered: 01/14/2004)

Jan. 14, 2004
93

ORDER by Magistrate Judge Lourdes A. Martinez granting stipulated motion to extend time until 12/24/03 in which to file pretrial mtns [79-1] (cc: all counsel) (js) (Entered: 01/15/2004)

Jan. 15, 2004
94

ORDER by District Judge Bruce D. Black granting pltf's unopposed motion to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss [90-1] (cc: all counsel) (jrm) (Entered: 01/20/2004)

Jan. 20, 2004
95

SECOND UNOPPOSED MOTION by pltf to extend time until 2/27/04 in which to respond to defts' mtns for sum/jgm & to dismiss (*) (jrm) (Entered: 02/19/2004)

Feb. 19, 2004
96

UNOPPOSED MOTION by pltf to vacate the 4/5/04 trial setting (*) (jrm) (Entered: 02/23/2004)

Feb. 20, 2004
97

STIPULATED MOTION to extend time until 2/24/04 in which to file Pretrial Order (*) (jrm) (Entered: 02/24/2004)

Feb. 24, 2004
98

RESPONSE in opposition by pltf to deft Ballew Distributing's motion for summary judgment on claim of hostile work environment [81-1] (*) (jrm) (Entered: 03/01/2004)

Feb. 27, 2004
99

RESPONSE in opposition by pltf to deft Ballew Distributing's motion for summary judgment [80-1] & to dismiss [80-2] (*) (jrm) (Entered: 03/01/2004)

Feb. 27, 2004
100

RESPONSE in opposition by pltf to deft Bell Gas Inc's motion for summary judgment on the issue of claims related to Evelyn Silva's employment with Ballew Distributing [83-1] (*) (jrm) (Entered: 03/01/2004)

Feb. 27, 2004
102

RESPONSE in opposition by pltf to deft Bell Gas Inc's motion for summary judgment on claims related to Evelyn Silva's employment with ABC [84-1] (*) (jrm) (Entered: 03/01/2004)

Feb. 27, 2004

State / Territory: New Mexico

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 26, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two female employees who were subjected to sexual harrasment and a hostile work environment.

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

Bell Gas Incorporated, Private Entity/Person

Ballew Distributing Inc., 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: 30,000

Order Duration: 2004 - 2006

Content of Injunction:

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits