Case: EEOC v. Robert G. Aptekar, M.D. (d/b/a Arthritis and Orthopedic Medical Clinic)

5:06-cv-04808 | U.S. District Court for the Northern District of California

Filed Date: Aug. 9, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 9, 2006, the San Francisco office of the Equal Employment Opportunity Commission filed a lawsuit in the U.S. District Court for the Northern District of California under Title VII against Robert G. Aptekar, MD, Inc. and the Arthritis and Orthopedic Medical Clinic. The EEOC alleged that the defendants had violated the rights of the complainant by subjecting her to racial harassment, subjecting her to a hostile work environment, and by retaliating against her when she filed a complaint with the EEOC.

On November 17, 2006, the case was referred to mediation. On March 6, 2007, the parties settled the case during mediation. On July 16, 2007, the parties entered a consent decree, which the District Court (Judge Ronald M. Whyte) approved on August 20, 2007. Among other things, the defendants agreed to pay the complainant $44,000 in unspecified damages. The District Court (Judge Whyte) retained jurisdiction over the decree, which lasted for 18 months.

Summary Authors

Kristen Sagar (4/19/2008)

Perry Miska (4/11/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5772709/parties/equal-employment-opportunity-commission-v-robert-g-aptekar-md-inc/


Judge(s)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Hill Maxion, Sanya P. (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Andrich, Brooke Desiree (California)

Feldstein, Steven R. (California)

Nagatani, Brian Koji (California)

Expert/Monitor/Master

Notini, Jessica M. (California)

Judge(s)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Hill Maxion, Sanya P. (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Andrich, Brooke Desiree (California)

Feldstein, Steven R. (California)

Nagatani, Brian Koji (California)

Expert/Monitor/Master

Notini, Jessica M. (California)

Documents in the Clearinghouse

Document

Docket

EEOC v. Robert G. Aptekar, M.D.

Aug. 20, 2007 Docket
1

Complaint

EEOC v. Robert G. Aptekar, M.D.

Aug. 9, 2006 Complaint
18

Certification of ADR Session

EEOC v. Robert G. Aptekar, M.D.

March 6, 2007 Monitor/Expert/Receiver Report
20

Consent Decree

EEOC v. Robert G. Aptekar, M.D.

Aug. 20, 2007 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5772709/equal-employment-opportunity-commission-v-robert-g-aptekar-md-inc/

Last updated May 20, 2022, 12:07 a.m.

ECF Number Description Date Link
1

COMPLAINT against Robert G. Aptekar, MD., Inc.. Filed by Equal Employment Opportunity Commission. (bw, COURT STAFF) (Filed on 8/9/2006) Additional attachment(s) added on 8/11/2006 (bw, COURT STAFF). (Entered: 08/11/2006)

Aug. 9, 2006
9

STIPULATION AND ORDER Re: 8 Continuing Case Management Conference:Case Management Conference set for 12/1/2006 10:30 AM. Signed by Judge Ronald M. Whyte on 11/8/06. (jg, COURT STAFF) (Filed on 11/8/2006)

Nov. 8, 2006 RECAP
12

STIPULATION AND ORDER, Case referred to mediation..Signed by Judge Ronald M. Whyte on 11/17/06. (cm, COURT STAFF) (Filed on 11/17/2006)

Nov. 17, 2006 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 11/7/2006. Case Management Conference set for 11/14/2006 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 8/9/2006) Additional attachment(s) added on 8/16/2006 (bw, COURT STAFF). (Entered: 08/11/2006)

Aug. 9, 2006
20

CONSENT DECREE 19 , ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 8/20/07. (jg, COURT STAFF) (Filed on 8/20/2007)

Aug. 20, 2007 RECAP

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 8/9/2006) (Entered: 08/11/2006)

Aug. 9, 2006

Summons Issued as to Robert G. Aptekar, MD., Inc.. (bw, COURT STAFF) (Filed on 8/9/2006) (Entered: 08/11/2006)

Aug. 9, 2006
3

PROOF OF SERVICE by Equal Employment Opportunity Commission of Complaint and other documents (Hill Maxion, Sanya) (Filed on 9/12/2006) Text modified on 9/14/2006 to conform to document post by counsel (bw, COURT STAFF). (Entered: 09/12/2006)

Sept. 12, 2006
5

Declination to Proceed Before a U.S. Magistrate Judge by Robert G. Aptekar, MD., Inc. and Request for Reassignment to a United States District Judge . (Andrich, Brooke) (Filed on 9/18/2006) (Entered: 09/18/2006)

Sept. 18, 2006
6

CLERK'S NOTICE of impending reassignment Case Management Conference set for 11/17/2006 10:30 AM before Honorable Ronald M. Whyte. Case Management Statement due by 11/10/2006. (cm, COURT STAFF) (Filed on 9/19/2006) (Entered: 09/19/2006)

Sept. 19, 2006
7

ORDER REASSIGNING CASE. Case reassigned to District Judge Ronald M. Whyte for all further proceedings and Judge Patricia V. Trumbull remains as the Referral Judge for this case. Signed by the Executive Committee on 9/19/06. (srm, COURT STAFF) (Filed on 9/19/2006) (Entered: 09/19/2006)

Sept. 19, 2006
8

STIPULATION Joint Stipulation and [Proposed] Order Continuing Case Management Conference by Robert G. Aptekar, MD., Inc.. (Andrich, Brooke) (Filed on 10/18/2006) (Entered: 10/18/2006)

Oct. 18, 2006
10

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Hill Maxion, Sanya) (Filed on 11/9/2006) (Entered: 11/09/2006)

Nov. 9, 2006
11

STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission (Hill Maxion, Sanya) (Filed on 11/9/2006) (Entered: 11/09/2006)

Nov. 9, 2006
13

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Equal Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 11/22/2006) (Entered: 11/22/2006)

Nov. 22, 2006
14

Minute Entry: Initial Case Management Conference held on 12/1/2006 before Ronald M. Whyte (Date Filed: 12/1/2006). (Court Reporter Not Reported.) (jg, COURT STAFF) (Date Filed: 12/1/2006) (Entered: 12/05/2006)

Dec. 1, 2006
15

ADR Clerk's Notice Appointing Jessica M. Notini as Mediator. (cmf, COURT STAFF) (Filed on 12/7/2006) (Entered: 12/07/2006)

Dec. 7, 2006
16

Proposed Order Re Scheduling by Robert G. Aptekar, MD., Inc.. (Nagatani, Brian) (Filed on 1/25/2007) (Entered: 01/25/2007)

Jan. 25, 2007

Set/Reset Hearings: Mediation Hearing set for 2/12/2007 at 09:30 AM at Heller Ehrman LLP in Menlo Park. (cmf, COURT STAFF) (Filed on 1/25/2007) (Entered: 01/25/2007)

Jan. 25, 2007
18

CERTIFICATION OF MEDIATION Session dated 2/27/2007 by Jessica Notini; Mediation session held 2/12/2007; CAse fully settled; Mediation process is complete. (cmf, COURT STAFF) (Filed on 3/6/2007) (Entered: 03/06/2007)

March 6, 2007
19

Proposed Order of Consent Decree by Equal Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 7/16/2007) (Entered: 07/16/2007)

July 16, 2007

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 9, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of female employee at a health clinic.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Robert G. Aptekar, MD, Inc., 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: 44000

Order Duration: 2007 - 2009

Content of Injunction:

Provide antidiscrimination training

Retaliation Prohibition

Reporting

Recordkeeping

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Discrimination Prohibition

Implement complaint/dispute resolution process

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits