Case: EEOC v. MCCAIN FOODS, INC.

2:03-cv-00339 | U.S. District Court for the Eastern District of Washington

Filed Date: Sept. 25, 2003

Closed Date: Oct. 26, 2006

Clearinghouse coding complete

Case Summary

In October 2003, the EEOC district office in Seattle, Washington brought this suit against McCain Foods, Inc. in the U.S. District Court for the Eastern District of Washington. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it failed to promote two female employees because of their sex. After the issuance of of an expedited agreed protective order, the parties settled and a consent decree was entered in October 2004.

In the consent decree, the parties agreed that the defendant would pay the aggrieved females a total of $9,000, refrain from retaliating and discriminating on the basis of sex, reaffirm and post its anti-discrimination policy, provide 2 hours of EEO training, and submit semiannual compliance/record reports to the EEOC. No fees or costs were awarded. The terms of the decree ran for two years.

Summary Authors

Jason Chester (7/18/2007)

Documents in the Clearinghouse

Document

2:03-cv-00339

Docket [PACER]

EEOC v. McCain Foods USA Inc

Oct. 26, 2004

Oct. 26, 2004

Docket
1

2:03-cv-00339

Complaint

EEOC v. McCain Foods USA, Inc.

Sept. 25, 2003

Sept. 25, 2003

Complaint
19

2:03-cv-00339

Consent Decree

EEOC v. McCain Foods USA, Inc.

Oct. 26, 2004

Oct. 26, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
3

SUMMONS/RETURN OF SERVICE executed upon defendant McCain Foods USA Inc (PP) (Entered: 10/20/2003)

Oct. 14, 2000

Oct. 14, 2000

1

COMPLAINT JURY TRIAL DEMAND (Summons(es) issued) Fee-status: wv Receipt #: wv (CR) (Entered: 09/26/2003)

Sept. 25, 2003

Sept. 25, 2003

2

Notice of APPEARANCE for defendant; Atty Jerry Robert Neal appearing (CR) Modified on 10/17/2003 (Entered: 10/17/2003)

Oct. 16, 2003

Oct. 16, 2003

Law Clerk assigned to case is AV (LMM) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

4

ANSWER by defendant McCain Foods USA Inc (PP) (Entered: 10/27/2003)

Oct. 24, 2003

Oct. 24, 2003

5

MOTION by defendant McCain Foods USA Inc for attorney Nina G Stillman to appear pro hac vice (PP) (Entered: 10/27/2003)

Oct. 24, 2003

Oct. 24, 2003

6

MOTION by defendant McCain Foods USA Inc for attorney Charis Runnels to appear pro hac vice (PP) (Entered: 10/27/2003)

Oct. 24, 2003

Oct. 24, 2003

7

PROPOSED RECEIVED Order re: motion for attorney Charis Runnels to appear pro hac vice [6-1], motion for attorney Nina G Stillman to appear pro hac vice [5-1] submitted by defendant McCain Foods USA Inc (PP) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

FAXED/MAILED GRANTING MOTION TO APPEAR PRO HAC VICE RE: Nina G. Stillman & Charis A. Runnels to all counsel (FmrEmp) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

8

ORDER by Judge Lonny R. Suko granting motion for attorney Charis Runnels to appear pro hac vice [6-1], granting motion for attorney Nina G Stillman to appear pro hac vice [5-1] (cc: all counsel) (PP) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

Sched Conference Notice ;telephonic sched conf 8:30 12/22/03 new Meet Me Line, 509 376-1330, Yakima, WA (LMM) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

FAXED/MAILED Notice Setting Court's Scheduling Conference to all counsel (LMM) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

FAXED/MAILED Notice Setting Court's Scheduling Conference telephonic, Court's conference line 509 376-1330, to all counsel (LMM) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

10

Discovery Plan by defendant McCain Foods USA Inc, plaintiff EEOC pur. to FRCP 26(F) (PP) (Entered: 12/12/2003)

Dec. 11, 2003

Dec. 11, 2003

11

MINUTES: Telephonic Scheduling Conference; Location: Yakima, WA; CR/ER: Not Reported; before Judge Lonny R. Suko (KW) (Entered: 12/24/2003)

Dec. 22, 2003

Dec. 22, 2003

12

Scheduling Conference Order by Judge Lonny R. Suko Disp mtn ddl: 11/9/04; Mtn in limine ddl: 1/18/05 ;discovery to be complete 10/12/04 Pretrial Conf (Tele) set 8:15 1/24/05 Yakima, WA ;proposed PTO due 1/13/05 ;Jury Trial set 9:00 2/8/05 Yakima, WA ; telephonic status conf set 8:30 12/17/04 (cc:all counsel) (PP) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

13

MOTION by defendant to expedite hearing on motion to enter agreed protective order (CV) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

14

MOTION by defendant to enter agreed protective order (CV) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

15

Notice by defendant of hearing setting motion to enter agreed protective order [14-1] (w/o oral argument 9:00 8/18/04 ), setting motion to expedite hearing on motion to enter agreed protective order [13-1] (w/o oral argument 9:00 8/18/04 ) (CV) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

16

PROPOSED RECEIVED Agreed Protective Order re: motion to enter agreed protective order [14-1] submitted by defendant (CV) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

17

ORDER by Judge Lonny R. Suko granting motion to expedite hearing on motion to enter agreed protective order [13-1] (cc: all counsel) (PP) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

18

AGREED PROTECTIVE ORDER by Judge Lonny R. Suko : granting document proposed [16-1] (cc: all counsel) (PP) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

19

CONSENT DECREE; terminating case. Signed by Judge Lonny R. Suko. (CV, Case Administrator) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

20

ORDER CLOSNG FILE. Signed by Judge Lonny R. Suko. (CV, Case Administrator) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2003

Closing Date: Oct. 26, 2006

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

McCain Foods, Inc. (Othello, Washington), 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: 9000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits