Case: EEOC v. EXAMINATION MANAGEMENT SERVICES

2:03-cv-01229 | U.S. District Court for the District of Nevada

Filed Date: Sept. 30, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles District Office of the EEOC brought this suit against Examination Management Services, Inc., d/b/a EMSI, in the U.S. District Court for the District of Nevada alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to a hostile work environment and terminated her because of her age. The parties took part in early neutral …

In September 2003, the Los Angeles District Office of the EEOC brought this suit against Examination Management Services, Inc., d/b/a EMSI, in the U.S. District Court for the District of Nevada alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to a hostile work environment and terminated her because of her age. The parties took part in early neutral evaluation in May 2004. After some discovery, they settled in April 2005 through a consent decree.

The two-year decree contained a non-discrimination clause and required the defendant to: designate an EEO consultant to oversee its compliance with the decree, develop a written ADEA policy and complaint procedure, provide ADEA training for all its employees, report to the EEOC at specified intervals, and pay $45,000 to the charging party.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (6/27/2007)

Documents in the Clearinghouse

Document

2:03-cv-01229

Docket [PACER]

EEOC v. Examination Management Services, Inc.

April 27, 2005

April 27, 2005

Docket
1

2:03-cv-01229

Complaint

EEOC v. Examination Management Services, Inc., A Nevada Corporation dba EMSI

Sept. 30, 2000

Sept. 30, 2000

Complaint
19

2:03-cv-01229

Order [Grants Motion to Quash Subpoena]

EEOC vs. Examination Management Services, Inc.

Sept. 10, 2004

Sept. 10, 2004

Order/Opinion
26

2:03-cv-01229

Consent Decree

EEOC v. Examination Management Services, Inc, d/b/a EMSI

April 18, 2005

April 18, 2005

Settlement Agreement

Resources

Docket

Last updated Aug. 15, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/JD (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

SUMMONS ISSUED to P (1) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

2

ENE NOTICE of referral to ENE. cpys dist. (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

3

WAIVER OF SERVICE EXECUTED as to D (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

4

ORDER ORD case reassigned to judge Robert C. Jones (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

5

ANSWER TO COMPLAINT obo D (m) (Entered: 12/10/2003)

Dec. 8, 2003

Dec. 8, 2003

6

CERTIFICATE OF INTERESTED PARTIES obo D (m)(cpy to RCJ&PAL) (Entered: 12/10/2003)

Dec. 8, 2003

Dec. 8, 2003

8

ORDER REFERRING CASE TO EARLY NEUTRAL EVALUATION ORDER ENE hrng set for 3/29/04 @9:30am bfr LRL. cpys dist. (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

9

ORDER ORDER disc plan/sched ordr due 2/12/04. cpys dist. (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

MISCELLANEOUS DOCUMENT Disc plan/sched ordr obo D to KD (signatures are faxed) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

10

SCHEDULING ORDER ORDER DISC DUE 6/4/04; MTNS DUE 7/5/04; JT PTO DUE 8/4/04. cpys dist. (mld mag forms) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

MISCELLANEOUS DOCUMENT stip to cont ENE hrng to AM (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

11

ORDER ON STIPULATION ORDER ENE hrng cont to 5/25/04 @9:30am. cpys dist. (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

12

STATUS REPORT obo D (cpy to RCJ)(m) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

14

MOTION FOR MISCELLANEOUS RELIEF MOTION for ext of disc cut-off date obo P (m)(DISPO: granted #15 (Entered: 05/20/2004)

May 17, 2004

May 17, 2004

13

STATUS REPORT obo P (cpy to RCJ) (Entered: 05/19/2004)

May 19, 2004

May 19, 2004

MISCELLANEOUS DOCUMENT stip for ext of disc obo D to KFD (Entered: 05/19/2004)

May 19, 2004

May 19, 2004

15

SCHEDULING ORDER ORDER disc ext: DISC DUE 12/10/04; MTNS DUE 1/10/05; JT PTO DUE 2/11/05. cpys dist. (Entered: 05/24/2004)

May 20, 2004

May 20, 2004

16

MOTION FOR MISCELLANEOUS RELIEF MOTION to quash subpoenas re Constance Damian's mental & medical health recrds & personnel recrds obo P (m) (DISPO:GRANTED #19; (Entered: 05/24/2004)

May 24, 2004

May 24, 2004

17

MISCELLANEOUS HEARING ENE hrng hld 5/25/04 bfr LRL: ORDER disc dealine shall be ext to 7/2/04 for purpose of conducting and completing the depositns of Scott Venezia, Wendy Spaur & Liz Winterheinsen; telephonic status hrng set for 7/2/04 @11am; P to initi (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

18

NOTICE OF APPEARANCE obo P atty Connie Liem (m) (Entered: 07/14/2004)

July 9, 2004

July 9, 2004

19

ORDER ORD mtn to quash subpoena (#16) is GRANTED. cpys dist. (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

20

STATUS REPORT obo P (m) (cpy RCJ/PAL) (Entered: 10/17/2004)

Oct. 12, 2004

Oct. 12, 2004

21

ORDER ORD ptys shl file PTO NLT 3/16/05, (see doc). cpys dist. (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

22

STATUS REPORT by parties. (nss) (cc RCJ, PAL) (Entered: 03/16/2005)

March 15, 2005

March 15, 2005

23

ORDER ORD pty shl file jt pto or stip dismissing case NLT 4/22/05, (see doc). cpys dist. (Entered: 04/08/2005)

April 7, 2005

April 7, 2005

24

NOTICE OF CHANGE OF ADDRESS by Dfts cnsl. (s) (Entered: 04/18/2005)

April 15, 2005

April 15, 2005

25

MOTION FOR MISCELLANEOUS RELIEF for additional time to file stip for dismissal obo P (nss) (DISPO:MOOT #26; (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

26

ORDER ORD consent decree is GRANTED, actn is dismissed, (see doc). cpys dist. (Entered: 04/28/2005)

April 27, 2005

April 27, 2005

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: 2007

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

Examination Management Services, Inc. (Las Vegas, NV), Private Entity/Person

Case Details

Causes of Action:

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

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: 45000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Recordkeeping

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits