Case: EEOC v. VICTORY ROYAL EXPRESS

1:06-cv-00496 | U.S. District Court for the District of New Mexico

Filed Date: June 12, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The EEOC's Phoenix district office sued Victory Royal Express on June 12, 2006, in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by forcing an employee to take extended leave and then discharged that employee because of her pregnancy.

The parties entered into a three-year consent decree on March 30, 2007, which stipulated that the defendant would pay the complainant $80,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its managers, draft and distribute a non-discrimination policy, provide for an EEO compliance official, and report compliance with the consent decree to the EEOC semiannually. Defendant ceased operating on August 31, 2007. As there is no additional, significant activity on the docket sheet, presumably this case closed in 2010.

Summary Authors

Aaron Weismann (6/22/2007)

Rachel Barr (4/8/2018)

Documents in the Clearinghouse

Document

1:06-cv-00496

Docket [PACER]

EEOC v. Victory Royal

Sept. 16, 2009

Sept. 16, 2009

Docket
1

1:06-cv-00496

Complaint

EEOC v. Victory Royal

June 12, 2006

June 12, 2006

Complaint
21

1:06-cv-00496

Consent Decree

EEOC v. Victory Royal

March 30, 2007

March 30, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Employment Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge W. D. Schneider) (nc) (Entered: 06/13/2006)

June 12, 2006

June 12, 2006

SUMMONS issued as to deft (Maria L. Padilla) (ln) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

2

MOTION by deft to extend time to answer until 08/31/06 (ln) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

3

ORDER by Magistrate Judge W. D. Schneider granting deft's motion to extend time to answer until 08/31/06 [2−1] (cc: all counsel) (ln) (Entered: 08/15/2006)

Aug. 14, 2006

Aug. 14, 2006

4

ANSWER by deft [1−1]* (ln) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

5

INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set on 10/23/06 at 9:30 am; provisional discovery plan and IPTR due 10/16/06 (cc: all counsel*) (ln) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

6

PROVISIONAL DISCOVERY PLAN by the parties (ln) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

7

CERTIFICATE by plaintiff EEOC of service of initial disclosures to counsel on 10/16/06 (eh) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

8

CLERK'S MINUTES: before Magistrate Judge W. D. Schneider Rule 16 scheduling conference held * (ln) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

9

ORDER by Magistrate Judge W. D. Schneider setting settlement conference for 03/27/07 at 9:00 am in Albuquerque, New Mexico (cc: all counsel*) (ln) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

10

INITIAL PRE−TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge W. D. Schneider; Discovery set for 3/22/07; mtn filing ddl set for 5/10/07; proposed pretrial order due 7/26/07; pretrial conference set for 2:00 pm on 9/6/07; jury trial set for 9:00 am on 9/17/07; Estimated # of Trial Days: 3; Chances of Settlement: cannot be evaluated prior to some preliminary discovery (cc: all counsel) (dmw) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

12

CERTIFICATE OF SERVICE by pltf EEOC re interrogatories to counsel on 12/15/06* (ln) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

Settlement Conference set for 3/27/2007 09:00 AM in Albuquerque − 720 Judge W. Daniel Schneider Chambers before United States Magistrate Judge W. Daniel Schneider. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

13

DECLARATION of Service by Victory Royal Express, Inc.. (Mowrer, Frederick) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

14

MINUTE ORDER vacating 9/6/2007 pretrial conference and calendar call. Call of the Calendar reset for 9/5/2007 01:30 PM in Albuquerque − 580 Brazos Courtroom before District Judge Judith C. Herrera. Final Pretrial Conference reset for 9/5/2007 02:00 PM in Albuquerque − 580 Brazos Courtroom before District Judge Judith C. Herrera. All other deadlines remain unchanged. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](ljs) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

15

NOTICE OF DEFICIENCY to Attorney Fred Mowrer re 13 Declaration (ln) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

16

CERTIFICATE OF SERVICE by Victory Royal Express, Inc. of Discovery Responses (Corrected) (Mowrer, Frederick) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

17

CERTIFICATE OF SERVICE by Victory Royal Express, Inc. (of 1st Set of Interrogatories and Request for Production) (Mowrer, Frederick) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

18

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Request For Admissions (Molina, Veronica) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

19

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Supplemental Initial Disclosures (Molina, Veronica) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

20

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Supplemental Initial Disclosures (Molina, Veronica) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

21

CONSENT DECREE by Judge Judith C. Herrera (bw) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

22

AFFIDAVIT of Phebe Gutierrez in compliance with the Consent Decree by Victory Royal Express, Inc. (Mowrer, Frederick) Modified on 4/25/2008 to include more text (bap). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

23

AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

24

AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

25

AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2006

Closing Date: 2010

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

Victory Royal Express, Inc. (Las Vegas, NM), 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: $80,000

Order Duration: 2007 - 2010

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Retaliation Prohibition

Discrimination Prohibition

Provide antidiscrimination training

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits