Case: EEOC v. AIRBORNE EXPRESS

1:04-cv-01118 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 30, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More specifically, the complaint alleged the defendant allowed the complainant to be sexually harassed, subjected her to discipline and other conditions of employment based on her sex and failed to promote he…

The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More specifically, the complaint alleged the defendant allowed the complainant to be sexually harassed, subjected her to discipline and other conditions of employment based on her sex and failed to promote her because of her sex. The complaint also alleged the defendant retaliated against the complainant for complaints made on her behalf. The complainant was allowed to enter the suit as an intervenor plaintiff and her complaint added additional state anti-discrimination law and other state law claims. After several discovery disputes, the parties entered separate consent decrees in December 2005.

The consent decree with DHL, which was amended February 24, 2006, enjoins the defendant from discrimination or retaliation. The settlement includes a $175,000 payment to the plaintiff and provision of neutral references on behalf of the plaintiff. DHL must also institute policies that will prevent sex discrimination including reviewing or developing policies and procedures on sex discrimination, distribute the policy and procedures to employees, training employees on sex discrimination, and post a notice. DHL is required to report to the EEOC for three years from the entry of the decree.

A similar consent decree was entered into with Air One. It requires the company not discriminate or retaliate, pay $125,000 to plaintiff, develop or review policies and procedures on sex discrimination, and distribute the policies and procedures to employees. Air One must also provide training, post a notice, and report to the EEOC for three years.

Following the entry of the decrees, the plaintiff voluntarily dismissed the charges. As no further entries appear in the docket, presumably this case closed in 2009.

Summary Authors

Kevin Wilemon (8/14/2008)

Rachel Barr (3/11/2018)

Documents in the Clearinghouse

Document

1:04-cv-01118

Docket

EEOC v. Airborne Express et al

Feb. 24, 2006

Feb. 24, 2006

Docket
1

1:04-cv-01118

Complaint

EEOC v. Airborne Express et al

Sept. 30, 2004

Sept. 30, 2004

Complaint
8

1:04-cv-01118

First Amended Complaint

EEOC v. Airborne Express et al

Dec. 1, 2004

Dec. 1, 2004

Complaint
12

1:04-cv-01118

Intervenor's Complaint

EEOC v. Airborne Express et al

Jan. 5, 2005

Jan. 5, 2005

Complaint
21

1:04-cv-01118

First Amended Complaint in Intervention

EEOC v. Airborne Express et al

Feb. 16, 2005

Feb. 16, 2005

Complaint
31

1:04-cv-01118

Order [Motion to Dismiss First Amended Complaint]

EEOC v. DHL Express USA Inc (f/k/a Airborne Express Inc) et al

June 30, 2005

June 30, 2005

Order/Opinion
74

1:04-cv-01118

Second Amended Complaint

EEOC v. DHL Express USA Inc (f/k/a Airborne Express Inc) et al

Oct. 3, 2005

Oct. 3, 2005

Complaint
98

1:04-cv-01118

Consent Decree as to Defendants Air One Transport Group Inc and Air One Transport of New Mexico LLC

EEOC v. DHL Express USA Inc (f/k/a Airborne Express Inc) et al

Dec. 6, 2005

Dec. 6, 2005

Settlement Agreement
99

1:04-cv-01118

Consent Decree as to DHL Express USA Inc

EEOC v. DHL Express USA Inc (f/k/a Airborne Express Inc) et al

Dec. 6, 2005

Dec. 6, 2005

Settlement Agreement
102

1:04-cv-01118

Amended Consent Decree as to DHL Express USA Inc

EEOC v. DHL Express USA Inc (f/k/a Airborne Express Inc) et al

Feb. 24, 2006

Feb. 24, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5300895/eeoc-v-airborne-express/

Last updated Aug. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights (referred to Magistrate Judge Don J. Svet) (emr) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

2

NOTICE of refusal to consent to proceed before a US Magistrate Judge by plaintiff (emr) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

4

MINUTE ORDER: Case reassigned from Judge M. Christina Armijo to Senior Judge James A. Parker (cc: all counsel*) (bap) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

SUMMONS issued as to defts (bap) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

5

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of S/C by Jeffrey Lowry for deft Air One Transport on 11/5/04 (bap) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

6

MOTION by intervenor Debra Smith to intervene as of right (mjr) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

7

CERTIFICATE of service by intervenor Debra Smith of mtn to intervene to counsel on 12/1/04 (mjr) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

8

FIRST AMENDED COMPLAINT [1-1] by pltf; jury demand (bap) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

9

MOTION by deft Air One Transport to dismiss first amended complaint (bap) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

10

MEMORANDUM by deft Air One Transport in support of motion to dismiss first amended complaint [9-1] (bap) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

SUMMONS issued as to defendant DHL Express (sl) (Entered: 12/23/2004)

Dec. 22, 2004

Dec. 22, 2004

11

ORDER by Senior Judge James A. Parker granting Debra Smith's motion to intervene [6-1] (cc: all counsel*) (bap) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

12

INTERVENOR'S COMPLAINT by intervenor Debra Smith (mjr) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

13

RESPONSE by pltf to deft Airborne's motion to dismiss first amended complaint [9-1] (*) (bap) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

14

APPENDIX (Exhibit "A") filed by pltf to response to deft Air One's motion to dismiss first amended complaint [13-1], (bap) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

15

ENTRY OF APPEARANCE for deft DHL Express by Gregory P. Williams (jrm) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

16

MOTION by deft DHL Express for attorneys Timonty J. Murphy and Amy K. Skryja to appear pro hac vice (bap) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

17

ANSWER to 1st amended complaint by defendant DHL Express [8-1] (dmw) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

18

ORDER by Magistrate Judge Don J. Svet granting deft DHL's motion for attorneys Timonty J. Murphy and Amy K. Skryja to appear pro hac vice [16-1] (cc: all counsel) (bap) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

19

REPLY by deft Air One Transport in support of motion to dismiss first amended complaint [9-1] (*) (bap) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

21

FIRST AMENDED COMPLAINT in Intervention [12-1] w/jury demand (td) (Entered: 02/17/2005)

Feb. 16, 2005

Feb. 16, 2005

22

WAIVER OF SERVICE upon defendant DHL Express on 2/16/05 (pz) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

23

RETURN OF SERVICE executed upon defendant Air One Transport Group Inc on 2/28/05 upon Brandon Adcock (pz) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

24

RETURN OF SERVICE executed upon defendant Air One Transport of New Mexico LLC on 2/28/05 upon Brandon Adcock (pz) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

25

ANSWER by deft DHL Express [21-1], [12-1]; jury demand (*) (bap) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

26

ANSWER by defts Air One Transport, Air One Transport, Air One Transport to first amended complaint in intervention [21-1 (bap) (Entered: 04/21/2005)

April 20, 2005

April 20, 2005

27

MINUTE ORDER: terminating case referral to Magistrate Judge Don J. Svet , Case transferred and referred to Magistrate Judge William P. Lynch (cc: all counsel*) (seal) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

28

NOTICE by intervenor Debra Smith's counsel of non-availability from 7/1/05 through 7/6/05 (pz) (Entered: 05/12/2005)

May 11, 2005

May 11, 2005

29

INITIAL SCHEDULING ORDER by Magistrate Judge William P. Lynch Rule 16 scheduling conference is set for 7/20/05 @ 1:30 pm; provisional discovery plan & IPTR due 7/6/05 (cc: all counsel*) (bap) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

30

PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 06/24/2005)

June 23, 2005

June 23, 2005

32

CERTIFICATE of Service by pltf of initial disclosures, mailed to counsel on 7/13/05 (*) (bap) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

33

CERTIFICATE of service by intervenor Debra Smith of initial disclosures to counsel on 7/13/05 (pz) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

34

CERTIFICATE of Service by deft DHL Express of initial disclosures, mailed to counsel on 7/13/05 (*) (bap) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

35

CERTIFICATE of Service by defts Air One Transport of initial disclosures, mailed to counsel on 7/13/05 (seal) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

36

ANSWER by defts Air One to first amended complaint [8-1] (bap) (Entered: 07/15/2005)

July 14, 2005

July 14, 2005

37

NOTICE by defendant Air One Transport of disclosure statement pursuant to Rule 7.1 (sl) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

39

CLERK'S MINUTES: before Magistrate Judge William P. Lynch Rule 16 scheduling conference held * (dmw) (Entered: 07/22/2005)

July 21, 2005

July 21, 2005

40

ORDER by Magistrate Judge William P. Lynch assigning standard track , Discovery cutoff 1/16/06; Motion Filing cutoff 2/15/06; Pretrial order ddl 4/16/06 (cc: all counsel*) (dmw) (Entered: 07/22/2005)

July 21, 2005

July 21, 2005

41

NOTICE of unavailability of counsel by deft 8/1-8/5/05 (jm) (Entered: 07/22/2005)

July 21, 2005

July 21, 2005

42

CERTIFICATE of service by intervenor Debra Smith of 1st interrogs & Request for Production to defts DHL, Air One Transport of NM, LLC & Air One Transport Group, Inc and counsel on 7/21/05 (pz) Modified on 07/29/2005 (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

43

CERTIFICATE of service by deft on 1st set of interrog's to counsel on 7/22/05 (jm) (Entered: 07/26/2005)

July 25, 2005

July 25, 2005

44

CERTIFICATE of service by deft on 1st set of interrog's to counsel on 7/22/05 (jm) (Entered: 07/26/2005)

July 25, 2005

July 25, 2005

45

CERTIFICATE of service by plaintiff EEOC on 1st set of interrogs & request for production to counsel on 7/26/05 (jm) (Entered: 07/29/2005)

July 28, 2005

July 28, 2005

46

CERTIFICATE of Service by deft DHL Express of supplemental initial disclosures, mailed to counsel on 8/4/05 (*) (bap) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

47

NOTICE by pltf of non-availability of attorney from 8/26/05 through 9/9/05 (*) (bap) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

49

CERTIFICATE of Service by deft DHL Express of first set of document requests, mailed to counsel on 8/11/05 (*) (bap) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

48

INITIAL PRE-TRIAL REPORT by Senior Judge James A. Parker and Magistrate Judge William P. Lynch; Discovery is set for 1/16/06; mtn filing ddl is set for 2/15/06; proposed pretrial order is due 4/16/06; pretrial conference is set for 10:00 am on 4/13/06; jury trial is set for 10:00 am on 6/5/06; Estimated # of Trial Days: 7-10; Chances of Settlement: Unknown (cc: all counsel) (bap) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

50

CERTIFICATE of Service by deft DHL Express of first set of interrogatories, mailed to counsel on 8/19/05 (bap) (Entered: 08/23/2005)

Aug. 22, 2005

Aug. 22, 2005

51

CERTIFICATE of Service by plaintiff of responses to deft Air One first set of interrogatories, mailed to counsel on 8/24/05 (*) (bap) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

52

CERTIFICATE OF SERVICE by deft Air One Transport of New Mexico, LLC re deft's answers to pltf Smith's interrogatories and response to request for production was mailed to all counsel of record on 08/12/05 (ln) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

53

CERTIFICATE OF SERVICE by deft Air One Transport Group, Inc. re answer to pltf Smith's interrogatories and response to request for production were mailed to all counsel of record on 08/23/05 (ln) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

54

CERTIFICATE of Service by deft Air One Transport of NM of answers to first set of interrogatories and response to first request for production, mailed to counsel on 8/25/05 (bap) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

55

CERTIFICATE of Service by defendant Air One Transport Group, Inc of answers to first set of interrogatories and response to first request for production, mailed to counsel on 8/25/05 (bap) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

56

CERTIFICATE of service by intervenor Debra Smith of responses to deft Air One Transport Group's first set of (unknown) to counsel on 8/24/05 (mjr) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

57

ORDER by Magistrate Judge William P. Lynch referring case to Magistrate Judge Torgerson for the purpose of conducting a Settlement Conference (cc: all counsel*) (bap) (Entered: 09/01/2005)

Aug. 31, 2005

Aug. 31, 2005

58

ORDER by Magistrate Judge William P. Lynch setting Rule 16 Settlement Conference for 11/7/05 @ 9:30 am (cc: all counsel*) (bap) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

59

CERTIFICATE of Service by deft DHL Express of answers to pltf's first set of interrogatories, mailed overnight to counsel on 9/6/05 (*) (bap) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

60

CERTIFICATE of Service by deft DHL Express of response to pltf's first request for production, overnight delivery to counsel on 9/6/05 (*) (bap) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

61

CERTIFICATE of Service by deft DHL Express of response to pltf Smith's first request for production, mailed overnight to counsel on 9/6/05 (*) (bap) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

62

CERTIFICATE of Service by deft DHL Express of answers to pltf Smith's first set of interrogatories, mailed overnight to counsel on 9/6/05 (*) (bap) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

63

MOTION by pltfs & deft DHL to extend deadline for identification of experts and submission of expert reports (*) (bap) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

64

ORDER by Magistrate Judge William P. Lynch granting motion to extend deadline for identification of experts and submission of expert reports as further described herein; [63-1] (cc: all counsel) (yc) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

65

CERTIFICATE of service by intervenor Debra Smith of responses to 1st set of document requests to counsel on 9/12/05 (td) Modified on 11/14/2005 (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

66

CLERK'S MINUTES: before Magistrate Judge William P. Lynch re: telephonic discovery conference held on 9/13/05 allowing pltf until 10/3/05 to amend complaint (*) (bap) Modified on 10/04/2005 (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

67

CERTIFICATE of service by intervenor Debra Smith of supplemental initial disclosures to counsel on 9/19/05 (pz) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

69

CERTIFICATE of Service by deft Air One Transport of second set of interrogatories, mailed to counsel on 9/27/05 (bap) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

70

MOTION by defts Air One Transport to amend answer to pltf in intervention's first amended complaint (bap) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

71

MOTION by pltf Debra Smith to compel written discovery (td) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

72

MOTION by pltf Debra Smith to compel DHL to respond to requests for production of documents (td) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

73

CERTIFICATE of service by pltf Debra Smith of mtn to compel DHL to counsel on 9/30/05 (td) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

74

SECOND AMENDED COMPLAINT by plaintiff; jury demand (bap) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

75

CERTIFICATE of service on 1st Supplemental Initial Disclosures by plaintiff EEOC to counsel on 10/4/05* (jm) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

78

RESPONSE by deft DHL Express to mtn to compel DHL to respond to requests for production of documents [72-1] (jm) (Entered: 10/19/2005)

Oct. 14, 2005

Oct. 14, 2005

76

RESPONSE by pltfs EEOC & Debra Smith to motion to amend answer to pltf in intervention's 1st amended complaint [70-1] (td) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

77

RESPONSE by deft Air One Transport to mtn to compel written discovery [71-1] (jm) (Entered: 10/19/2005)

Oct. 17, 2005

Oct. 17, 2005

79

NOTICE by intervenor Debra Smith of unavailability of counsel George Geran from 11/7/05-11/14/05 & 11/22/05-11/27/05 (td) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

80

ANSWER by defts Air One Transport & Air One Transport of New Mexico [74-1]* (jm) (Entered: 10/25/2005)

Oct. 24, 2005

Oct. 24, 2005

81

CERTIFICATE of service on supplemental response to pltf Smith's 1st set of interrogs by deft DHL Express to counsel on 10/24/05* (jm) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

82

CERTIFICATE of service on supplemental response to pltf EEOC's 1st set of interrogs by deft DHL Express to counsel on 10/24/05* (jm) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

83

CERTIFICATE of service on supplemental response to pltf Smith's 1st request for production by deft DHL Express to counsel on 10/24/05* (jm) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

84

CERTIFICATE of service on supplemental response to pltf EEOC's 1st request for production by deft DHL Express to counsel on 10/24/05* (jm) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

85

ANSWER by deft DHL Express to 2nd amended complaint [74-1]* (jm) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

87

NOTICE by intervenor Debra Smith of briefing complete re: mtn to compel [72-1] (pz) (Entered: 10/28/2005)

Oct. 27, 2005

Oct. 27, 2005

88

CERTIFICATE of service on 2nd set of interrogs by pltf to counsel on 10/28/05 (jm) (Entered: 11/01/2005)

Oct. 31, 2005

Oct. 31, 2005

89

CERTIFICATE of service by intervenor Debra Smith of responses to deft Air One Transport Group's 2nd set of interrogs to counsel on 10/31/05 (pz) (Entered: 11/02/2005)

Oct. 31, 2005

Oct. 31, 2005

90

CERTIFICATE of service by intervenor Debra Smith of identification of expert witnesses to counsel on 10/31/05 (pz) (Entered: 11/02/2005)

Oct. 31, 2005

Oct. 31, 2005

91

NOTICE of disclosure of expert witnesses by intervenor Debra Smith (pz) (Entered: 11/02/2005)

Oct. 31, 2005

Oct. 31, 2005

92

CERTIFICATE of service by plaintiff of disclosure of expert witnesses to counsel on 10/31/05 (vv) (Entered: 11/03/2005)

Nov. 2, 2005

Nov. 2, 2005

93

REPLY by intervenor Debra Smith to deft Air One's response to motion to compel written discovery [71-1] (pz) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

94

NOTICE of briefing complete by intervenor Debra Smith re: mtn to compel written discovery of Air One defts [71-1] (pz) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

95

REPLY by Air One defendants to response to motion to amend answer to pltf in intervention's first amended complaint [70-1] (vv) (Entered: 11/04/2005)

Nov. 3, 2005

Nov. 3, 2005

96

SETTLEMENT CONFERENCE held 11/7/05 before the Honorable Alan C. Torgerson; case settled* (jm) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

97

ORDER regarding finalization of settlement documents as described herein by Magistrate Judge Alan C. Torgerson (cc: all counsel)* (jm) (Entered: 11/18/2005)

Nov. 17, 2005

Nov. 17, 2005

98

CONSENT DECREE JUDGMENT by Senior Judge James A. Parker dismissing defts Air One Transport Group and Air One Transport of NM (cc: all counsel) (bap) (Entered: 12/07/2005)

Dec. 6, 2005

Dec. 6, 2005

99

CONSENT DECREE JUDGMENT by Senior Judge James A. Parker as to deft DHL Express dismissing case (cc: all counsel) (bap) (Entered: 12/07/2005)

Dec. 6, 2005

Dec. 6, 2005

100

UNOPPOSED MOTION by intervenor Debra Smith to dismiss with prejudice all of her claims against all defts (pz) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

101

ORDER by Senior Judge James A. Parker dismissing pltf-in-intervention by Debra Smith (cc: all counsel) (jm) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

102

ORDER by Senior Judge James A. Parker of amended consent decree as to DHL Express, Inc. as described herein (cc: all counsel) (sl) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

31

MEMORANDUM, OPINION, AND ORDER: by Senior Judge James A. Parker denying motion to dismiss first amended complaint [9-1] by Air One Transport (cc: all counsel*) (dmw)

June 30, 2005

June 30, 2005

RECAP

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: Sept. 30, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Air One Transport (Albuquerque, NM), Private Entity/Person

Air One Transport (Albuquerque, NM), Private Entity/Person

DHL Express (USA), Inc. (Albuquerque, NM), Private Entity/Person

DHL Express (USA), Inc. (Albuquerque, NM), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 300000

Order Duration: 2005 - 2009

Content of Injunction:

Reporting

Retaliation Prohibition

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit