Case: EEOC v. RV FUN, INC.

3:06-cv-01675 | U.S. District Court for the District of Arizona

Filed Date: June 30, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In June 2006, the EEOC district office in Phoenix, Arizona brought this suit against RV Fun, Inc., doing business as Cowboys RV Mart, in the U.S. District Court for the District of Arizona. The EEOC claimed that the defendant violated the Americans with Disabilities Act (ADA) when it refused to accommodate an employee with ADD, then terminated him for asking for an accommodation. The parties settled and a consent decree was entered in December 2006. The defendant agreed to pay the aggrieved pa…

In June 2006, the EEOC district office in Phoenix, Arizona brought this suit against RV Fun, Inc., doing business as Cowboys RV Mart, in the U.S. District Court for the District of Arizona. The EEOC claimed that the defendant violated the Americans with Disabilities Act (ADA) when it refused to accommodate an employee with ADD, then terminated him for asking for an accommodation.

The parties settled and a consent decree was entered in December 2006. The defendant agreed to pay the aggrieved party $30,000, refrain from retaliating and discriminating based on disability, implement an ADA/anti-discrimination policy, distribute and post its policy, post an EEO notice, provide EEO training to all its employees and CEO, hire an EEO consultant, implement a complaint procedure, make no references to this litigation in the aggrieved party's personnel file, issue an apology letter, and submit semiannual compliance/complaint reports to the EEOC. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (7/26/2007)

Documents in the Clearinghouse

Document

3:06-cv-01675

Docket

EEOC v. RV Fun Inc.

Dec. 14, 2006

Dec. 14, 2006

Docket
1

3:06-cv-01675

Complaint

EEOC v. RV Fun, Inc.

June 30, 2006

June 30, 2006

Complaint
7

3:06-cv-01675

First Amended Complaint

EEOC v. RV Fun, Inc.

Aug. 22, 2006

Aug. 22, 2006

Complaint
26

3:06-cv-01675

Order

EEOC v. RV Fun, Inc.

Dec. 14, 2006

Dec. 14, 2006

Order/Opinion
27

3:06-cv-01675

Consent Decree

EEOC v. RV Fun, Inc.

Dec. 14, 2006

Dec. 14, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4674234/equal-employment-opportunity-commission-v-rv-fun-inc/

Last updated Aug. 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

This case has been assigned to the Honorable Earl H. Carroll. All future pleadings or documents should bear the correct case number: CV06- 1675-PCT-EHC. (entered by ESH, ) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

2

Summons Issued as to RV Fun Inc.. (ESH, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

3

SUMMONS Returned Executed by Equal Employment Opportunity Commission. RV Fun Inc. served on 7/7/2006, answer due 7/27/2006. (Meyer, Valerie) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

4

NOTICE of Appearance by Richard J Galvan on behalf of all defendants (Galvan, Richard) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

5

MOTION for Extension of Time to File Answer re 1 Complaint Stipulation to Extend Time for Defendant to Respond to Complaint by RV Fun Inc.. (Galvan, Richard) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

6

ORDER granting 5 Motion for Extension of Time to Answer. RV Fun Inc. answer due 8/28/2006 . Signed by Judge Earl H Carroll on 8/14/06. (LCF) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

7

AMENDED COMPLAINT against RV Fun Inc.; Jury Demand, filed by Equal Employment Opportunity Commission.(Meyer, Valerie) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

8

ERRATA re 7 Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 First Amended Complaint) (Meyer, Valerie) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

9

ANSWER to Amended Complaint by RV Fun Inc..(Galvan, Richard) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

10

ORDER Scheduling Conference set for 10/30/2006 10:00 AM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 9/13/06. (SBU, ) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

11

Joint MOTION to Continue October 31, 2006 Scheduling Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Meyer, Valerie) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

12

ORDER granting Joint 11 Motion to Continue. Rule 16 Scheduling Conference is reset for 11/13/2006 09:45 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 9/25/06. (KMG, ) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

13

REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, RV Fun Inc.. (Meyer, Valerie) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

14

Notice re NOTICE OF SERVICE OF DEFENDANT'S INITIAL DISCLOSURES by RV Fun Inc. (Galvan, Richard) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

15

Notice re Service of Rule 26(a)(1) Initial Disclosure Statement by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

16

Minute Entry for proceedings held before Judge Earl H. Carroll : Appearances: Valerie Meyer and Sally Shanley on behalf of plaintiff; Richard Galvan on behalf of defendant. Scheduling Conference held on 11/13/2006. The parties agree to participate in a settlement conference. Order to follow referring the matter to a Magistrate Judge for the purpose of setting a settlement conference. (This is a TEXT ONLY ENTRY. There is no PDF document associated with this entry.) (Court Reporter Candy Potter.) (BAH) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

17

ORDER pursuant to the scheduling conference held 11/13/06 - Discovery is due by 9/14/2007. Dispositive motions due by 10/19/2007. Joint Proposed Pretrial Order due by 12/20/2007. Final Pretrial Conference set for 1/7/2008 09:00 AM before Judge Earl H Carroll. Jury Trial set for 1/15/2008 09:00 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 11/13/06. (KMG, ) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

18

Notice re Service of First Discovery Requests to Defendant by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

19

STIPULATION Regarding Confidentiality of Medical Records by Equal Employment Opportunity Commission, RV Fun Inc.. (Attachments: # 1 Text of Proposed Order)(Meyer, Valerie) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

21

PROTECTIVE ORDER Pursuant to the parties' Stipulation Regarding Confidentiality of Medical Records 19 filed on November 15, 2006. Signed by Judge Earl H Carroll on 11/20/06. (KMG) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

23

Notice re Service of First Supplemental Disclosure by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

24

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission, RV Fun Inc.. (Attachments: # 1 Proposed Consent Decree)(Meyer, Valerie) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

25

Minute Entry. Proceedings held before Judge Edward C Voss: Settlement Conference held on 12/13/2006. (Court Reporter COURTSMART.) (ECV) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

26

ORDER - The Court has reviewed the parties' 24 Joint Motion for Entry of Consent Decree, IT IS ORDERED that the Consent Decree is signed this date and is to be filed with the Clerk. Signed by Judge Earl H Carroll on 12/13/06.(SAT) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

27

CONSENT DECREE - IT IS ORDERED, ADJUDGED AND DECREED: This Decree resolves all claims arising out of the issues between the Commission and Defendant RV Fun, Inc. in this lawsuit or raised in the charge of Christiaan Calhoon, No. 350-2004-03346, including without limitation, back pay, compensatory and punitive damages, injunctive relief, costs and attorney's fees. Signed by Judge Earl H Carroll on 12/13/06. (SAT) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

20

ORDERED Settlement Conference set for 12/8/2006 at 9:30 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Edward C Voss. Signed by Judge Edward C Voss on November 16, 2006. (ECV)

Nov. 16, 2006

Nov. 16, 2006

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2006

Closing Date: 2008

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

RV Fun, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 30000

Order Duration: 2006 - 2008

Content of Injunction:

Recordkeeping

Apology

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Expungement of Employment Record

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits