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

1:02-cv-01213

Docket (PACER)

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Docket
1

1:02-cv-01213

Complaint

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

Sept. 26, 2002

Sept. 26, 2002

Complaint
39

1:02-cv-01213

Order Consolidating Actions

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

June 13, 2003

June 13, 2003

Order/Opinion

1:02-cv-01213

1:02-cv-01212

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

EEOC v. Bell Gas Inc

Jan. 14, 2004

Jan. 14, 2004

Settlement Agreement
50

1:02-cv-01213

1:02-cv-01212

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Bell Gas Inc.

July 20, 2004

July 20, 2004

Order/Opinion
51

1:02-cv-01213

Consent Decree

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

Sept. 22, 2004

Sept. 22, 2004

Settlement Agreement
51

1:02-cv-01213

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Order/Opinion
141

1:02-cv-00212

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Order/Opinion

Resources

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 Date / Link
47

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

June 24, 2004

June 24, 2004

RECAP
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

Sept. 26, 2002

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

Sept. 26, 2002

Sept. 26, 2002

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

July 20, 2004

RECAP
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

Oct. 16, 2002

4

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

Dec. 11, 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

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

Dec. 11, 2002

7

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

Dec. 16, 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

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

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

Dec. 17, 2002

11

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

Dec. 20, 2002

Dec. 20, 2002

14

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

Dec. 20, 2002

Dec. 20, 2002

12

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

Dec. 23, 2002

Dec. 23, 2002

13

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

Dec. 23, 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

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

Jan. 3, 2003

17

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

Jan. 13, 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

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

Jan. 22, 2003

20

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

Jan. 22, 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

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

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

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

Feb. 13, 2003

26

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

Feb. 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

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

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

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

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

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

April 4, 2003

33

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

April 9, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

July 30, 2003

54

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

July 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

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

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

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

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

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

Sept. 26, 2003

65

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

Oct. 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

Oct. 23, 2003

70

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

Oct. 23, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dec. 24, 2003

85

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

Dec. 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

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

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

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

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

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

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

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

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

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

Feb. 19, 2004

96

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

Feb. 20, 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

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

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

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

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

Feb. 27, 2004

Case Details

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