Case: EEOC v. Newonics, Inc.

2:19-cv-00632 | U.S. District Court for the District of Utah

Filed Date: June 28, 2002

Closed Date: Dec. 31, 2003

Clearinghouse coding complete

Case Summary

In June 2002, the Phoenix District Office of the EEOC brought this suit against Newonics, Inc. in the U.S. District Court for the District of Utah alleging discrimination on the basis of sex in violation of the Equal Pay Act of 1963 ("EPA") and Title VII of the Civil Rights Act of 1964. Specifically, the defendant paid the charging party, a female employee, at wage rates less than it paid its male employees for completing essentially the same work. In addition, the defendant retaliated agains…

In June 2002, the Phoenix District Office of the EEOC brought this suit against Newonics, Inc. in the U.S. District Court for the District of Utah alleging discrimination on the basis of sex in violation of the Equal Pay Act of 1963 ("EPA") and Title VII of the Civil Rights Act of 1964. Specifically, the defendant paid the charging party, a female employee, at wage rates less than it paid its male employees for completing essentially the same work. In addition, the defendant retaliated against the charging party by terminating her when she complained of the discrimination. After some scheduling orders, the parties settled through consent decree in December 2003.

The two-year decree required the defendant to: expunge the charging party's personnel file from all references to the charge of discrimination, post a notice of the consent decree, provide annual EPA and Title VII training, develop and distribute a written anti-discrimination policy, report to the EEOC at specified intervals, and pay $20,000 to the charging party.

Summary Authors

Michele Marxkors (6/28/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16202156/parties/garman-v-gehman/


Judge(s)

Kimball, Dale A. (Utah)

Attorney for Plaintiff

Garman, John Paul (Utah)

Attorney for Defendant

Chesnut, Heather J. (Utah)

Expert/Monitor/Master/Other

(FYI), Correction Section (Utah)

Unit, Prisoner Litigation (Utah)

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Documents in the Clearinghouse

Document

2:19-cv-00632

Docket [PACER]

EEOC v. Newonics

Dec. 31, 2003

Dec. 31, 2003

Docket
1

2:19-cv-00632

Complaint

EEOC vs. Newonics, Inc.

June 28, 2002

June 28, 2002

Complaint
24

2:19-cv-00632

Consent Decree

Dec. 31, 2003

Dec. 31, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16202156/garman-v-gehman/

Last updated April 4, 2025, 11:29 a.m.

ECF Number Description Date Link Date / Link

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff EEOC, defendant Newonics (tsh) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

6

Certificate of election filed by plaintiff EEOC Refer to: normal litigation track (tsh) (Entered: 08/19/2002)

Aug. 15, 2002

Aug. 15, 2002

11

Return of summons executed as to Newonics c/o Allen Sims, 7/16/02. Answer due on 8/5/02 for Newonics (alt) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

14

Order of Reference signed by TC 4/27/03, 636(b)(1)(A). Mag Judge to hear & determine any nondispositive pretrial matters. cc: atty (alt) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

Case referred to magistrate under 28:636(b)(1)(A). (alt) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

15

Case referred to Judge David Nuffer cc: atty (alt) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

16

Order granting [13-1] joint motion to extend time to 7/30/03 for fact disc ddl; signed by Judge David Nuffer, 5/6/03 cc:atty (alt) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

19

Stipulation by EEOC, Newonics stip to extend time to 8/31/03 for disc cutoff (alt) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

20

Order granting [19-1] stipulation motion stip to extend time to 8/31/03 for disc cutoff, discovery due set for 8/31/03 signed by Judge Tena Campbell , 7/10/03 cc:atty (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

23

Order granting [22-1] joint motion to extend time for disc ddl to 9/30/03 and for motion filing to 10/31/03, discovery due set for 9/30/03 , motion filing deadline set for 10/31/03 signed by Judge David Nuffer, 9/11/03 cc:atty (alt) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

24

Consent judgment for EEOC against Newonics; Dft is enjoined from gender discrimination in pay and employment and dft agrees to pay $2,000 in settlement of back wages and $18,000 in compensatory damages. Each pty to bear own costs & fees. See Consent for details. Signed by TC, 12/30/03 [EOD Date 12/31/03] (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

Clearinghouse

CASE NO LONGER REFERRED TO Judge David Nuffer (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

Case closed per Consent no. 24 (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

1

Case has been indexed and assigned to Judge Dale A. Kimball. Defendant FNU Gehman, Sergeant is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

Clearinghouse
2

NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 190906028, (Filing fee $ 400, receipt number 1088-3366215) filed by FNU Gehman. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Tort Complaint and Demand for Jury, # 3 Exhibit Request for Official Service of Process, # 4 Exhibit Motion for Appointment of Counsel, # 5 Exhibit (PROPOSED) order for appointment of counsel, # 6 Exhibit Application to Proceed in Court without Prepaying Fees or Costs, # 7 Exhibit (PROPOSED) order to proceed without prepaymeint fees or costs (incorrect court heading), # 8 Exhibit Declaration Under Penalty of Perjury, # 9 Exhibit Letter to USP re inmate accounting, # 10 Exhibit Correspondence from Plaintiff- request for update, # 11 Exhibit Ruling and Order (filing fee waived, def to respond to complaint within 30days), # 12 Exhibit Request for Defendants to be added to case, # 13 Exhibit Motion to add exhibits A, B and C to Case, # 14 Exhibit Exhibit A, # 15 Exhibit Exhibit B, # 16 Exhibit Exhibit C, # 17 Exhibit Minute Entry) Assigned to Judge Dale A. Kimball (Chesnut, Heather) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
3

ENTRY ERROR: Notice of ADR cannot be entered in prisoner pro se cases NOTICE OF ADR, e-mailed or mailed to Plaintiff John Paul Garman and Defendant FNU Gehman. (tlh) Modified on 9/6/2019 by striking text (tlh). (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
4

Modification of Docket: Error: Notice of ADR was entered on a Prisoner Pro Se Notice of Removal. Correction: Docket text stricken. re 3 Notice of ADR. (tlh) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
5

Miscellaneous Relief

Sept. 17, 2019

Sept. 17, 2019

PACER
7

Appoint Counsel

Oct. 1, 2019

Oct. 1, 2019

PACER
8

Remand to State Court

Nov. 14, 2019

Nov. 14, 2019

PACER
9

Miscellaneous Relief

April 20, 2020

April 20, 2020

PACER
10

MEMORANDUM DECISION AND ORDER for Plaintiff to Cure Deficient Complaint and denying Plaintiff's Motions to Return Case to State Court (Docket Entries 5 and 8 ); denying Plaintiff's 7 Motion to Appoint Counsel; and den ying Plaintiff's 9 Motion to Move Forward with Martinez Report. If Plaintiff fails to timely cure the deficiencies according to this Order's instructions, this action will be dismissed without further notice. Signed by Judge Dale A. Kimball on 4/21/2020. (eat)

April 21, 2020

April 21, 2020

RECAP
12

Service of Process - Prisoners Only

May 29, 2020

May 29, 2020

PACER
13

Appoint Counsel

May 29, 2020

May 29, 2020

PACER
17

Order on Motion to Appoint Counsel AND Order on Motion for Service of Process - Prisoner

Feb. 3, 2021

Feb. 3, 2021

PACER
18

Proceed In Forma Pauperis

March 3, 2021

March 3, 2021

PACER
21

MEMORANDUM DECISION AND ORDER REGARDING SERVICE OF PROCESS and granting 18 Motion for Leave to Proceed in forma pauperis. Defendants Benzon, Crowther, Jenson, and Smith are DISMISSED. The Clerk of Court shall mail Notice of a Lawsuit and Request to Waive Service of a Summons, AO form 398; copies of Waiver of the Service of Summons, AO form 399; and copies of 11 Amended Complaint, and this Order to Defendants Gehman, Goss, Gull, Lambert, McDonald, and Patton. See Order for additional instructions. Signed by Judge Dale A. Kimball on 8/16/2021. (eat)

Aug. 16, 2021

Aug. 16, 2021

RECAP
35

Leave to File Sealed Document

Jan. 7, 2022

Jan. 7, 2022

PACER
36

Order on Motion for Leave to File Sealed Document

Jan. 10, 2022

Jan. 10, 2022

PACER
39

Summary Judgment

Feb. 14, 2022

Feb. 14, 2022

PACER
41

Order to Show Cause

June 2, 2022

June 2, 2022

PACER
42

MEMORANDUM DECISION & DISMISSAL ORDER. Plaintiff's action is dismissed with prejudice for failure to prosecute. Signed by Judge Dale A. Kimball on 7/11/2022. (eat)

July 11, 2022

July 11, 2022

RECAP
43

Judgment

July 11, 2022

July 11, 2022

PACER

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2002

Closing Date: Dec. 31, 2003

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

Newonics, Inc. (Salt Lake City, UT), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available 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

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Amount Defendant Pays: 20000

Order Duration: 2003 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits