Case: EEOC v. LOEWEN GROUP INTERNATIONAL INC (d/b/a MEMORY GARDENS OF THE VALLEY)

1:98-cv-00112 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 28, 1998

Closed Date: Dec. 16, 1998

Clearinghouse coding complete

Case Summary

In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by discharging them from their positions as funeral telemarketers because of their national origin (Hispanic). After both parties filed discovery motions, the case settled by entry of a consent …

In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by discharging them from their positions as funeral telemarketers because of their national origin (Hispanic). After both parties filed discovery motions, the case settled by entry of a consent decree in December 1998 (the defendant filed a notice of bankruptcy in June 1999).

The two year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $16,000 in back pay and damages, provide neutral references for the claimants, post notice, provide two hours of Title VII training for all of its employees, give the EEOC reports every six months on compliance with the decree, and allow the EEOC to have access to the defendant's premises to ensure compliance.

Summary Authors

Kevin Wilemon (7/26/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10873079/parties/eeoc-v-loewen-group/


Judge(s)

Parker, James Aubrey (New Mexico)

Attorney for Plaintiff

Medina, Loretta F (New Mexico)

Molina, Veronica A (New Mexico)

O'Neill, Mary Jo (New Mexico)

Attorney for Defendant

Manning, Nickay B (New Mexico)

Documents in the Clearinghouse

Documents in this case

1:98-cv-00112

Docket (PACER)

EEOC v. Loewen Group International

June 7, 1999

June 7, 1999

Docket
1

1:98-cv-00112

Complaint

EEOC v. Loewen Group International

Jan. 28, 1998

Jan. 28, 1998

Complaint
43

1:98-cv-00112

Order [Regarding Motions to Compel]

EEOC v. Loewen Group International

Aug. 31, 1998

Aug. 31, 1998

Order/Opinion
46

1:98-cv-00112

Consent Decree

EEOC v. Loewen Group International

Dec. 16, 1998

Dec. 16, 1998

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10873079/eeoc-v-loewen-group/

Last updated Nov. 3, 2026, 7:58 p.m.

Docket for: EEOC v. Loewen Group
ECF Number Date Description Link
1 Jan. 28, 1998

COMPLAINT (2 Summonses issued) (referred to Magistrate Leslie C. Smith ) (former employee) (Entered: 01/29/1998)

RECAP
2 March 2, 1998

ANSWER by defendant w/affirmative defenses [1-1] (jrm) (Entered: 03/03/1998)

RECAP
3 March 3, 1998

INITIAL SCHEDULING ORDER by Magistrate Leslie C. Smith ; Rule 16 scheduling conference set for 5/18/98 at 2:00 pm; meet and confer by 3/31/98; provisional discovery plan and IPTR due 4/21/98 (CLERK) (cc: all counsel,electronically) (jrm) (Entered: 03/04/1998)

RECAP
4 April 6, 1998

CERTIFICATE of Service by pltf of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)

RECAP
5 April 6, 1998

CERTIFICATE of Service by deft of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)

RECAP
6 April 14, 1998

MOTION by deft for substitution of counsel (jrm) (Entered: 04/15/1998)

RECAP
7 April 21, 1998

ATTORNEYS' PROVISIONAL DISCOVERY PLAN by parties (jrm) (Entered: 04/21/1998)

RECAP
8 April 21, 1998

ORDER by Judge James A. Parker granting motion for substitution of counsel [6-1] and substituting the firm of Eastham Johnson Monnheimer & Jontz, P C for the firm of Kemp,Smith,Duncan & Hammond, P C (cc: all counsel) (jrm) (Entered: 04/21/1998)

RECAP
9 April 27, 1998

MOTION by deft to extend time until 4/29/98 in which to file mtn to compel initial disclosures (jrm) (Entered: 04/28/1998)

RECAP
10 April 29, 1998

ORDER by Magistrate Leslie C Smith granting mtn to extend time until 4/29/98 to file mtn to compel initial disclosures [9-1] (cc: all counsel) (rg) (Entered: 05/01/1998)

RECAP
11 May 18, 1998

CERTIFICATE of supplemental disclosures by plaintiff to counsel on 5/15/98 (jrm) (Entered: 05/18/1998)

RECAP
12 May 18, 1998

CLERK'S MINUTES: before Magistrate Leslie C Smith Rule 16 scheduling conference held settlement conference to be set in Las Cruces in August or September (rg) (Entered: 05/20/1998)

RECAP
13 May 20, 1998

ORDER by Magistrate Leslie C. Smith setting settlement conference on 9/1/98 at 10:00 am in Las Cruces, NM (cc: all counsel, electronically) (jrm) (Entered: 05/21/1998)

RECAP
14 May 29, 1998

CERTIFICATE of service of 1st set of interrogs by defendant to counsel on 5/29/98 (jrm) (Entered: 06/01/1998)

RECAP
15 June 2, 1998

CERTIFICATE of service of 1st request for production by plaintiff to counsel on 6/1/98 (jrm) (Entered: 06/02/1998)

RECAP
16 June 11, 1998

INITIAL PRE-TRIAL REPORT Judge James A. Parker and Magistrate Judge Leslie C. Smith ; Discovery set for 10/15/98 ;mtn filing ddl set for 12/1/98 ; proposed pretrial order due 12/31/98 ; pretrial conference set for 9:30 am on 1/5/99 ; jury trial set for 1:30 pm on 2/9/99 ; Estimated # of Trial Days: 6-10; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 06/11/1998)

RECAP
17 June 16, 1998

ORDER by Magistrate Judge Leslie C. Smith limiting interrogs to one set of 25 for each party (cc: all counsel, electronically) (jrm) Modified on 07/30/1998 (Entered: 06/16/1998)

RECAP
18 June 18, 1998

CERTIFICATE of service of 1st set of non-uniform interrogs and 1st request for admissions by plaintiff to counsel on 6/17/98 (jrm) (Entered: 06/18/1998)

RECAP
19 July 7, 1998

ORDER by Magistrate Judge Leslie C. Smith that the settlement conference set for 9/1/98 is VACATED and rescheduled for 9/3/98 at 11:00 am (cc: all counsel electronically) (kd) (Entered: 07/07/1998)

RECAP
20 July 15, 1998

CERTIFICATE by defendant of service of response to first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)

RECAP
21 July 16, 1998

CERTIFICATE by plaintiff of service of responses to first set of interrogatories & first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)

RECAP
22 July 31, 1998

CERTIFICATE of service of answers to 1st set of interrogs and responses to request for production by deft to counsel on 7/31/98 (jrm) (Entered: 07/31/1998)

RECAP
23 Aug. 4, 1998

ORDER by Magistrate Judge Leslie C. Smith granting mtn to waive mtn packet rule and allow electronic filing (cc: all counsel, electronically) (jrm) (Entered: 08/05/1998)

RECAP
24 Aug. 7, 1998

MOTION by plaintiff to compel deft to fully respond to discovery requests (jrm) (Entered: 08/07/1998)

RECAP
25 Aug. 7, 1998

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/07/1998)

RECAP
26 Aug. 7, 1998

CERTIFICATE of service of 1st supplemental response to 1st set of interrogs and 1st request for production by plaintiff to counsel on 8/6/98 (jrm) (Entered: 08/07/1998)

RECAP
27 Aug. 7, 1998

UNOPPOSED MOTION by defendant to extend time to compel pltf's answers to interrogs and requests for production (jrm) (Entered: 08/07/1998)

RECAP
28 Aug. 10, 1998

ORDER by Magistrate Judge Leslie C Smith granting deft's mtn to extend time to file mtn to compel pltf's answers to interrogs & requests for production until 8/10/98 [27-1] (cc: all counsel) (rg) (Entered: 08/11/1998)

RECAP
29 Aug. 11, 1998

MOTION and brief in support by deft to compel pltf's complete answers to interrogs and responses to request for production (jrm) (Entered: 08/12/1998)

RECAP
30 Aug. 12, 1998

CERTIFICATE of service of 2nd supplemental responses to 1st set of interrogs by plaintiff to counsel on 8/11/98 (jrm) (Entered: 08/12/1998)

RECAP
31 Aug. 12, 1998

ORDER by Magistrate Judge Leslie C. Smith setting telephonic hearing on deft's motion to compel [29-1] and pltf's motion to compel on 8/28/98 at 11:00 am [24-1] (cc: all counsel electronically) (rd) (Entered: 08/12/1998)

RECAP
32 Aug. 17, 1998

CERTIFICATE of service of identification of expert witnesses by plaintiff to counsel on 8/14/98 (jrm) (Entered: 08/17/1998)

RECAP
33 Aug. 19, 1998

CERTIFICATE of service of 2nd supplemental response to deft's 1st request for production by plaintiff to counsel on 8/18/98 (jrm) (Entered: 08/20/1998)

RECAP
34 Aug. 19, 1998

CERTIFICATE of service of 1st supplemental initial disclosures by defendant to counsel on 8/19/98 (jrm) (Entered: 08/20/1998)

RECAP
35 Aug. 20, 1998

RESPONSE in opposition by defendant to motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/21/1998)

RECAP
36 Aug. 21, 1998

CERTIFICATE of service of third supplemental responses to first request for production by plaintiff to counsel on 8/18/98 (jrm) (Entered: 08/21/1998)

RECAP
37 Aug. 25, 1998

JOINT MOTION by parties to extend time until 9/1/98 for pltf to file mtn to compel (jrm) (Entered: 08/25/1998)

RECAP
38 Aug. 25, 1998

RESPONSE by pltf EEOC to deft's mtn to compel pltf's complete answers to interrogs and responses to request for production [29-1] (rg) (Entered: 08/26/1998)

RECAP
39 Aug. 28, 1998

REPLY by plaintiff to response to motion to compel pltf's complete answers to interrogs and responses to request for production [29-1] (jrm) (Entered: 08/28/1998)

RECAP
40 Aug. 28, 1998

CERTIFICATE of service of responses to 3rd supplemental set of interrogs by plaintiff to counsel on 8-27-98 (jrm) (Entered: 08/28/1998)

RECAP
41 Aug. 28, 1998

ORDER by Magistrate Judge Leslie C. Smith granting motion to extend time until 9/1/98 for pltf to file mtn to compel [37-1] (cc: all counsel) (rg) (Entered: 08/28/1998)

RECAP
42 Aug. 28, 1998

CLERK'S MINUTES: hearing held before Magistrate Judge Leslie C Smith re: mtns to compel [29-1] & [24-1] (rg) (Entered: 08/31/1998)

RECAP
43 Aug. 31, 1998

ORDER by Magistrate Judge Leslie C. Smith re: pltf's mtn to compel [29-1] and deft's mtn and brief in support of mtn to compel pltf's complete answers to interrogs and responses to request for production as described herein [24-1] (cc: all counsel, electronically) (jrm) (Entered: 08/31/1998)

RECAP
44 Sept. 1, 1998

MOTION by plaintiff to compel deft to fully respond to discovery requests served on 6-17-98 (jrm) (Entered: 09/02/1998)

RECAP
45 Sept. 1, 1998

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests served on 6-17-98 [44-1] (jrm) (Entered: 09/02/1998)

RECAP
Sept. 3, 1998

SETTLEMENT CONFERENCE held before Judge Leslie Smith; parties to submit consent decree by 10/15/98 (former employee) (Entered: 09/08/1998)

PACER
Sept. 3, 1998

SETTLEMENT CONFERENCE held before Judge Leslie Smith; parties to submit consent decree by 10/15/98 (former employee)

46 Dec. 16, 1998

CONDENT DECREE by Judge James A. Parker as described herein dismissing case (cc: all counsel) (jrm) (Entered: 12/17/1998)

RECAP
47 June 7, 1999

NOTICE by defendant of filing bankruptcy (dmw) (Entered: 06/07/1999)

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: Jan. 28, 1998

Closing Date: Dec. 16, 1998

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

Private Entity/Person

Loewen Group International Inc

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:98-cv-00112

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 16000

Order Duration: 1998 - 2000

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits

Recommended Citation