Case: EEOC v. MEMSCAP INC

5:03-cv-04323 | U.S. District Court for the Northern District of California

Filed Date: Sept. 24, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2003, the Seattle District Office of the EEOC brought this suit against Memscap, Inc. in the U.S. District Court for the Northern District of California alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the defendant terminated the two charging parties, male employees, because of their age. After an initial case management conference, the parties settled through a consent decree in March 2004. The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral references, implement a written EEO policy, post and distribute a notice to employees, provide EEO training for its employees, and report to the EEOC every six months. The defendant also agreed to pay $40,000 to each of the two charging parties. The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (6/19/2007)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

	Document
5:03-cv-04323	Docket EEOC v. MEMSCAP Inc	March 18, 2004	March 18, 2004 Docket
1 5:03-cv-04323	Complaint EEOC v. MEMSCAP Inc	Sept. 24, 2003	Sept. 24, 2003 Complaint
17 5:03-cv-04323	Consent Decree and Order EEOC v. MEMSCAP Inc	March 18, 2004	March 18, 2004 Settlement Agreement
5:03-cv-04323	EEOC Litigation Settlement Report [March 2004] EEOC v. MEMSCAP Inc No Court	March 31, 2004	March 31, 2004 Press Release

show / hide documents

Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

show / hide resources

Docket

Last updated March 23, 2025, 9:32 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (summons issued); jury demand: against MEMSCAP, Inc (Filing fee $150 receipt number 5508521). Filed by Equal Employment Opportunity Commission. (bw, COURT STAFF) Additional attachment(s) added on 10/8/2003 (bw, COURT STAFF). (Entered: 09/24/2003)	Sept. 24, 2003	Sept. 24, 2003
2	ADR SCHEDULING ORDER: Case Management Statement due by 1/20/2004. Case Management Conference set for 1/27/2004 at 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Entered: 09/24/2003)	Sept. 24, 2003	Sept. 24, 2003
	CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Entered: 09/24/2003)	Sept. 24, 2003	Sept. 24, 2003
	Summons Issued as to MEMSCAP, Inc (bw, COURT STAFF) (Entered: 09/24/2003)	Sept. 24, 2003	Sept. 24, 2003
3	CLERK'S NOTICE: Refund of filing fee to Equal Employment Opportunity Commissioner due to error in payment of filing fee. (bw, COURT STAFF) Additional attachment(s) added on 9/25/2003 (bw, COURT STAFF). (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003
4	CLERK'S NOTICE re: Failure to E-File Complaint by Counsel for Plaintiff and/or Failure to Register as an E-Filer (bw, COURT STAFF) (Entered: 10/02/2003)	Oct. 2, 2003	Oct. 2, 2003
5	DEFENDANT MEMSCAP, INC. ANSWER to Complaint by MEMSCAP, Inc. (Nestor, Alexander) (Filed on 11/26/2003) (Entered: 11/26/2003)	Nov. 26, 2003	Nov. 26, 2003
6	Declination to Proceed Before a U.S. Magistrate Judge by MEMSCAP, Inc AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE . (Nestor, Alexander) (Filed on 11/26/2003) (Entered: 11/26/2003)	Nov. 26, 2003	Nov. 26, 2003
8	ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel for all further proceedings. Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on December 2, 2003. (bw, COURT STAFF) (Filed on 12/2/2003) (Entered: 12/02/2003)	Dec. 2, 2003	Dec. 2, 2003
9	STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS; ADR CERTIFICATION by MEMSCAP, Inc. (Cobey, Christopher) (Filed on 1/13/2004) (Entered: 01/13/2004)	Jan. 13, 2004	Jan. 13, 2004
10	JOINT CASE MANAGEMENT STATEMENT (L.R. 16-9(a)) filed by MEMSCAP, Inc. (Cobey, Christopher) (Filed on 1/16/2004) (Entered: 01/16/2004)	Jan. 16, 2004	Jan. 16, 2004
11	STIPULATION AND ORDER SELECTING ADR PROCESS. Signed by Judge Jeremy Fogel on 1/21/04. (jfsec, COURT STAFF) (Filed on 1/22/2004) (Entered: 01/22/2004)	Jan. 22, 2004	Jan. 22, 2004
12	Minute Entry: Initial Case Management Conference held on 1/26/2004 before Judge Jeremy Fogel (Date Filed: 1/27/2004). Parties stipulate to court mediation. Case set for jury trial on 11/29/04 at 1:30 p.m. and pretrial conference on 11/19/04 at 9:30 a.m. (Court Reporter Not reported.) (dlm, COURT STAFF) (Date Filed: 1/27/2004) (Entered: 01/27/2004)	Jan. 27, 2004	Jan. 27, 2004
13	ADR Clerk's Notice Appointing Carol Webster Millie as Mediator dated 2/3/2004. (af, COURT STAFF) (Filed on 2/3/2004) (Entered: 02/03/2004)	Feb. 3, 2004	Feb. 3, 2004
14	STIPULATION AND [PROPOSED] ORDER RE: PRIVATE MEDIATION by MEMSCAP, Inc. (Cobey, Christopher) (Filed on 2/10/2004) (Entered: 02/10/2004)	Feb. 10, 2004	Feb. 10, 2004
15	STIPULATION AND ORDER RE PRIVATE MEDIATION. Signed by Judge Jeremy Fogel on 2/23/04. (jfsec, COURT STAFF) (Filed on 2/24/2004) (Entered: 02/24/2004)	Feb. 24, 2004	Feb. 24, 2004
16	STIPULATION Consent Decree and Proposed Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A- Notice to Employees)(Healy, Teri) (Filed on 3/15/2004) (Entered: 03/15/2004)	March 15, 2004	March 15, 2004
17	CONSENT DECREE AND ORDER re 16 Stipulation filed by Equal Employment Opportunity Commission. Signed by Judge Jeremy Fogel on 3/18/04. (jfsec, COURT STAFF) (Filed on 3/18/2004) (Entered: 03/18/2004)	March 18, 2004	March 18, 2004