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, containi…

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)

Documents in the Clearinghouse

Document

Docket

EEOC v. MEMSCAP Inc

March 18, 2004 Docket
1

Complaint

EEOC v. MEMSCAP Inc

Sept. 24, 2003 Complaint
17

Consent Decree and Order

EEOC v. MEMSCAP Inc

March 18, 2004 Settlement Agreement

EEOC Litigation Settlement Report [March 2004]

EEOC v. MEMSCAP Inc

No Court

March 31, 2004 Press Release

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

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… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description 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
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

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Entered: 09/24/2003)

Sept. 24, 2003

Summons Issued as to MEMSCAP, Inc (bw, COURT STAFF) (Entered: 09/24/2003)

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
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
5

DEFENDANT MEMSCAP, INC. ANSWER to Complaint by MEMSCAP, Inc. (Nestor, Alexander) (Filed on 11/26/2003) (Entered: 11/26/2003)

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
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
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
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
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
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
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
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
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
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
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

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 24, 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

Memscap, Inc. (San Jose, CA), 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: 125000

Order Duration: 2004 - 2007

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits