Case: EEOC v. Bell Gas, Inc. (AWC Propane)

1:02-cv-01212 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 26, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On September 26, 2002, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the District of New Mexico. Brought under Title VII of the Civil Rights Act of 1964, the EEOC filed this lawsuit on behalf of an employee of ABC Propane against ABC Propane, as well as Bell Gas and Cortez Gas Company. The plaintiff sought injunctive and monetary relief, alleging that the individual employee had been retaliated against after she filed an earlier discrimin…

On September 26, 2002, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the District of New Mexico. Brought under Title VII of the Civil Rights Act of 1964, the EEOC filed this lawsuit on behalf of an employee of ABC Propane against ABC Propane, as well as Bell Gas and Cortez Gas Company. The plaintiff sought injunctive and monetary relief, alleging that the individual employee had been retaliated against after she filed an earlier discrimination complaint with the EEOC.

Specifically, the September 26 complaint alleged that before June 17, 2002, the individual employee had filed an employment discrimination charge with the EEOC against Ballew Distributing, a company that shared common management and ownership with both defendants in this case. Then, the employee began working for defendant, ABC Propane, around June 17, 2002. Around June 19, 2002, defendants’ management officials discovered the employee had filed an EEOC discrimination charge and allegedly fired her.

On September 26, 2002, the EEOC also followed up on the employee’s charge against Ballew and filed another lawsuit, 02-cv-1213 on behalf of the employee. In that suit, the plaintiff alleged that the employee was subjected to a hostile work environment at Ballew based on her gender. These two cases were originally consolidated for pretrial purposes by Judge Bruce D. Black on June 16, 2003. He held that these cases involved common questions of law or fact, and that consolidating them would make discovery more efficient. He reserved a determination on whether these two cases should be tried separately.

On December 24, 2003 each defendant filed a motion for summary judgment. Defendant ABC argued that the employee’s termination was not the result of retaliation. Judge Black denied the motion. Defendants Bell Gas and Cortez argued they were not the claimant’s employer and therefore could not be held liable. Judge Black rejected this argument and dismissed Bell Gas and Cortez’s motions for summary judgement as well.

Meanwhile, in 02-cv-1213, Judge James A. Parker entered a consent decree on January 14, 2004 granting the claimant’s co-worker $20,000 and dismissing the case as pertaining to the claimant’s co-worker.

On March 26, 2004 Judge Black referred the consolidated case to Magistrate Judge Lourdes A. Martinez to decide whether these two cases should remain consolidated for all purposes, including trial. Magistrate Judge Martinez recommended that the cases should not be consolidated because the two cases involved different claims, different parties, different elements of damages, the witnesses in the two cases would testify to different facts, and the defendant parties are different in each case. Judge Black affirmed Magistrate Judge Martinez’s decision on July 14, 2004 and set a trial for this case for September 7, 2004.

On September 22, 2004, Judge William P. Johnson, writing for Judge Black, entered a consent decree describing monetary and injunctive relief for the claimant. She was awarded $36,000 and all defendants were ordered to undergo specific training that had been required by a consent decree in another, also related case, 02-cv-1090. The specific training included distribution of the sexual harassment policy to all employees, and for each defendant company to retain and pay a lecturer to conduct an annual training about sexual harassment and retaliation that all employees were required to attend for the first year. Additionally, all defendants were required to report any changes in their sexual harassment and retaliation policy, as well as the results of the training to the Regional Attorney of the Commission’s Albuquerque Office at least once every 6 months for two years. This two year period has passed, and the case is now closed.

Summary Authors

Caitlin Hatakeyama (9/28/2018)

Related Cases

EEOC v. Bell Gas, Inc., District of New Mexico (2002)

EEOC v. Bell Gas and Ballew Distributing, District of New Mexico (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5234151/parties/eeoc-v-bell-gas-incorporate/

Judge(s)

Black, Bruce D. (New Mexico)

Martinez, Lourdes A. (New Mexico)

Attorney for Plaintiff

Medina, Loretta (New Mexico)

Attorney for Defendant

Komer, Mark E (New Mexico)

Long, Nancy Ruth (New Mexico)

Documents in the Clearinghouse

1:02-cv-01212

Docket [PACER]

EEOC v. Bell Gas Incorporated, Cortez Gas Company, and ABC Propane Incorporated dba AWC Propane

Sept. 22, 2004

Sept. 22, 2004

Docket
1

1:02-cv-01212

Complaint

EEOC v. Bell Gas, Incorporated, Cortez Gas Company, and ABC Propane Incorporated d/b/a AWC Propane

Sept. 26, 2002

Sept. 26, 2002

Complaint
1

1:02-cv-01213

Complaint

EEOC v. Bell Gas Incorporated

Sept. 26, 2002

Sept. 26, 2002

Complaint
57

1:02-cv-01213

Order Consolidating Actions

EEOC v. Bell Gas Incorporated

June 16, 2003

June 16, 2003

Order/Opinion
86

1:02-cv-01212

Order

EEOC vs. Bell Gas Inc., Cortez Gas Company, and ABC Propane, Inc. d/b/a AWC Propane

Dec. 31, 2003

Dec. 31, 2003

Order/Opinion
92

1:02-cv-01212

Consent Decree Pertaining to Claimint Cheri Brisco Only

EEOC vs. Bell Gas Inc., Cortez Gas Company, and ABC Propane Inc., d/b/a AWC Propane

Jan. 14, 2004

Jan. 14, 2004

Settlement Agreement
138

1:02-cv-01212

Memorandum Opinion and Order

EEOC v. Bell Gas Inc.

July 20, 2004

July 20, 2004

Order/Opinion
141

1:02-cv-01212

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 12, 2004

Sept. 12, 2004

Order/Opinion
135

1:02-cv-01212

1:02-cv-01213

Proposed Findings and Recommended Disposition

EEOC v. Bell Gas Incorporated

None

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5234151/eeoc-v-bell-gas-incorporate/

Last updated Oct. 29, 2026, 3:55 p.m.

Docket for: EEOC v. Bell Gas Incorporate
ECF Number Date Description Link
1 Sept. 26, 2002

COMPLAINT for employment discrimination w/jury demand (3 Summons(es) issued) (referred to Magistrate Judge Karen B. Molzen) (ed) (Entered: 09/27/2002)

RECAP
Sept. 26, 2002

LETTER re: consent to proceed before a US Magistrate Judge (ed)

2 Oct. 11, 2002

NOTICE of refusal to consent to proceed before a US Magistrate Judge by plaintiff (ed) (Entered: 10/16/2002)

RECAP
3 Oct. 16, 2002

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Leslie C Smith to District Judge Bruce D. Black (cc: all counsel*) (jrm) (Entered: 10/16/2002)

RECAP
4 Dec. 11, 2002

WAIVER OF SERVICE upon defendant ABC Propane Inc on 11/7/02 (mlk) (Entered: 12/13/2002)

RECAP
5 Dec. 11, 2002

WAIVER OF SERVICE of s/c upon defendant Bell Gas Inc on 11/7/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

RECAP
6 Dec. 11, 2002

WAIVER OF SERVICE upon defendant Bell Gas Inc by Ray Bell, President on 12/11/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

RECAP
7 Dec. 16, 2002

MOTION by plaintiff for entry of default as to defts (jrm) (Entered: 12/17/2002)

RECAP
8 Dec. 16, 2002

AFFIDAVIT of Veronica A Molina in support of motion for entry of default as to defts [7-1] (jrm) (Entered: 12/17/2002)

RECAP
9 Dec. 17, 2002

PRAECIPE: by plaintiff requesting Clerk's entry of default against defts [7-1] (jrm) Modified on 12/18/2002 (Entered: 12/18/2002)

RECAP
10 Dec. 17, 2002

AMENDED CERTIFICATE by plaintiff of service of motion for default and affidavit in support to counsel on 12/17/02 (mlk) (Entered: 12/18/2002)

RECAP
11 Dec. 20, 2002

CLERK'S ENTRY OF DEFAULT as to defts (cc: all counsel) (jrm) (Entered: 12/20/2002)

RECAP
14 Dec. 20, 2002

ENTRY OF APPEARANCE for defendants by Debra J. Moulton (mlk) (Entered: 12/30/2002)

RECAP
12 Dec. 23, 2002

OPPOSED MOTION by defendants to set aside judgment (jrm) (Entered: 12/26/2002)

RECAP
13 Dec. 23, 2002

ANSWER by defendants [1-1] (jrm) (Entered: 12/26/2002)

RECAP
15 Jan. 3, 2003

RESPONSE by plaintiff to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

RECAP
16 Jan. 3, 2003

AFFIDAVIT of Veronica A Molina in support of response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

RECAP
17 Jan. 13, 2003

OPPOSED MOTION by plaintiff to strike defts' answer filed 12/23/02 (jrm) (Entered: 01/14/2003)

RECAP
18 Jan. 21, 2003

NOTICE by defendants of completion of opposed mtn to set aside Clerk's entry of default (jrm) (Entered: 01/21/2003)

RECAP
19 Jan. 22, 2003

REPLY by defendants to response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/22/2003)

RECAP
20 Jan. 22, 2003

MOTION by defendant for order to initiate electronic filing (mlk) (Entered: 01/23/2003)

RECAP
21 Jan. 24, 2003

ORDER by Magistrate Judge Karen B. Molzen granting motion for order to initiate electronic filing [20-1] (cc: all counsel*) (jrm) (Entered: 01/24/2003)

RECAP
22 Jan. 27, 2003

RESPONSE by defendants to motion to strike defts' answer filed 12/23/02 [17-1] * (jrm) (Entered: 01/28/2003)

RECAP
23 Jan. 27, 2003

(APPENDIX) EXHIBITS filed by defts to their reply in support of motion to set aside judgment [12-1] (jrm) (Entered: 01/27/2003)

RECAP
24 Feb. 5, 2003

NOTICE of hearing before District Judge Bruce D Black on pending mtns [17-1], [12-1], [7-1] @ 1:30 pm on 3/10/03 in Albuquerque (cc: all counsel*) (jrm) (Entered: 02/05/2003)

RECAP
25 Feb. 13, 2003

REPLY by plaintiff to response to motion to strike defts' answer filed 12/23/02 [17-1] (jrm) (Entered: 02/13/2003)

RECAP
26 Feb. 13, 2003

NOTICE by plaintiff of completion of briefing on mtn to strike (jrm) (Entered: 02/13/2003)

RECAP
27 March 5, 2003

STIPULATED NOTICE by plaintiff of withdrawal of mtn for default & opposed mtn to strike defts' answer (jrm) (Entered: 03/06/2003)

RECAP
28 March 7, 2003

STIPULATED ORDER by District Judge Bruce D. Black granting defts' opposed motion to set aside Clerk's entry of default [12-1] setting aside Clerk's entry of default as to all defts (cc: all counsel) (jrm) (Entered: 03/07/2003)

RECAP
29 March 11, 2003

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 4/16/03 @ 2:30 pm; provisional discovery plan & IPTR due 3/26/03 (cc: all counsel*) (jrm) (Entered: 03/12/2003)

RECAP
30 April 2, 2003

CERTIFICATE of service of initial disclosures by defts to counsel on 4/2/03 * (jrm) (Entered: 04/02/2003)

RECAP
31 April 2, 2003

MINUTE ORDER: Case referred from Magistrate Judge Karen B Molzen to Magistrate Judge Lourdes A. Martinez (cc: all counsel*) (jrm) (Entered: 04/03/2003)

RECAP
32 April 4, 2003

CERTIFICATE of service of initial disclosures by plaintiff to counsel on 4/3/03 (jrm) (Entered: 04/07/2003)

RECAP
33 April 9, 2003

PROVISIONAL DISCOVERY PLAN by the parties (mlk) (Entered: 04/11/2003)

RECAP
36 April 16, 2003

CLERK'S MINUTES: Telephonic Rule 16 Scheduling Conference before Magistrate Judge Lourdes A. Martinez Clerk/Sonia Reyes (js) (Entered: 04/22/2003)

RECAP
34 April 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a settlememt conference for 7/22/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 04/18/2003)

RECAP
35 April 21, 2003

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/18/03 (jrm) (Entered: 04/21/2003)

RECAP
37 May 1, 2003

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 10/16/03 ; mtn filing ddl set for 11/28/03 ; proposed pretrial order due 1/30/04 ; pretrial conference set for 8:30 am on 3/22/04 ; jury trial set for 9:00 am on 4/5/04 ; Estimated of Trial Days: 2; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 05/01/2003)

RECAP
38 June 3, 2003

ORDER by Magistrate Judge Lourdes A. Martinez rescheduling settlement conference from 7/22/03 to 7/21/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 06/03/2003)

RECAP
39 June 16, 2003

CERTIFICATE of Service by pltf of 1st set of interrog(s) to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

RECAP
40 June 16, 2003

CERTIFICATE of Service by pltf of 1st request for production to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

RECAP
57 June 16, 2003

ORDER by District Judge Bruce D. Black consolidating this action w/member case CIV 02-1213 (cc: all counsel) (jrm) (Entered: 08/08/2003)

RECAP
58 June 17, 2003

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Rule 16 scheduling conference held 6-4-03 (jrm) (Entered: 08/11/2003)

RECAP
59 June 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting settlement conference for 10/29/03 @ 1:30 pm in Las Cruces, NM (cc: all counsel) (jrm) (Entered: 08/11/2003)

RECAP
41 June 20, 2003

CERTIFICATE of Service by deft ABC Propane Inc of 1st set of interrog(s) & request for production to Evelyn Silva & counsel of record on 6/20/03* (pr) (Entered: 06/20/2003)

RECAP
60 June 26, 2003

ORDER by Magistrate Judge Lourdes A. Martinez vacating the settlement conference set for 10/29/03 & resetting it for 7/21/03 @ 1:30 pm in Las Cruces, NM [59-1] (cc: all counsel) (jrm) (Entered: 08/11/2003)

RECAP
42 June 27, 2003

CERTIFICATE of Service by pltf of 2nd supplemental initial disclosures to counsel on 6/27/03* (pr) (Entered: 06/30/2003)

RECAP
43 July 8, 2003

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 11/1/03 ; mtn filing ddl set for 12/20/03 ; proposed pretrial order due 2/13/04 ; Estimated # of Trial Days: 4; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 07/08/2003)

RECAP
44 July 15, 2003

OPPOSED MOTION by defts to vacate settlement conference & allow 30 day stay & extension of time for defts to retain new counsel (*) (jrm) (Entered: 07/15/2003)

RECAP
45 July 17, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on mtn to vacate settlement conference & allow 20 day stay & extension of time for defts to retain new counsel [44-1] @ 8:30 am on 7/18/03 (cc: all counsel*) (jrm) Modified on 07/21/2003 (Entered: 07/18/2003)

RECAP
46 July 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez denying motion to vacate settlement conference & allow 30 day stay extension of time for defts to retain new counsel [44-1] by ABC Propane Inc, Cortez Gas Company, Bell Gas Incorporate (cc: all counsel*) (jrm) (Entered: 07/21/2003)

RECAP
47 July 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting hrg on defense counsel's intent to withdraw & time deadline for defts to seek new counsel (cc: all counsel*) (jrm) Modified on 07/21/2003 (Entered: 07/21/2003)

RECAP
48 July 24, 2003

CLERK'S MINUTES: hrg held on pltf's mtn to withdraw attorney on 7/18/03 before Magistrate Judge Lourdes A. Martinez [47-1] (*) (jrm) Modified on 08/04/2003 (Entered: 07/24/2003)

RECAP
49 July 24, 2003

CLERK'S MINUTES: status conference held 7/21/03 before Magistrate Judge Lourdes A. Martinez (*) (jrm) (Entered: 07/24/2003)

RECAP
50 July 24, 2003

CLERK'S MINUTES: settlement conference held 7/21/03 before Magistrate Judge Lourdes A. Martinez (*) (jrm) (Entered: 07/24/2003)

RECAP
51 July 24, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting deadline for defts' to substitute counsel, defts to have until 5:00 pm on 8/5/03 (cc: all counsel*) (jrm) (Entered: 07/24/2003)

RECAP
52 July 24, 2003

CERTIFICATE of service of answers & objections to deft ABC Propane's 1st set of interrog(s) & requests for production by pltf to counsel on 7/21/03 (*) (jrm) (Entered: 07/24/2003)

RECAP
53 July 30, 2003

CLERK'S MINUTES: settlement conference before Magistrate Judge Lourdes A. Martinez on 7/21/03; case did not settle (*) (jrm) (Entered: 07/30/2003)

RECAP
54 July 31, 2003

MOTION by defts to withdraw attorney Debra Moulton (*) (jrm) (Entered: 07/31/2003)

RECAP
55 July 31, 2003

ENTRY OF APPEARANCE for defts by Nancy Ruth Long and Mark E. Komer (mjr) (Entered: 07/31/2003)

RECAP
56 Aug. 6, 2003

CERTIFICATE of service of 3rd supplemental initial disclosures by pltf to counsel on 8/6/03 (*) (jrm) (Entered: 08/06/2003)

RECAP
61 Sept. 3, 2003

NOTICE by defts of completion of briefing on mtn to withdraw as counsel (*) (jrm) (Entered: 09/03/2003)

RECAP
62 Sept. 16, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting motion to withdraw attorney Debra Moulton [54-1] for Bell Gas Incorporate, Cortez Gas Company & ABC Propane Inc (cc: all counsel*) (jrm) (Entered: 09/16/2003)

RECAP
63 Sept. 26, 2003

CERTIFICATE of service by defts of responses to first request for production to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

RECAP
64 Sept. 26, 2003

CERTIFICATE of service by defts of answers to first set of interrogs to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

RECAP
65 Oct. 15, 2003

JOINT MOTION for a limited extension of the discovery deadline (*) (jrm) (Entered: 10/15/2003)

RECAP
66 Oct. 23, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the discovery deadline extended to 11/5/03 [65-1] (cc: all counsel) (js) Modified on 10/27/2003 (Entered: 10/23/2003)

RECAP
70 Oct. 23, 2003

ENTRY OF APPEARANCE for New Mexico Labor by Rebecca Wardlaw (sl) (Entered: 11/26/2003)

RECAP
71 Oct. 23, 2003

MOTION by movant New Mexico Dept Labr to quash subpoena, or for protective order with memorandum in support (sl) (Entered: 11/26/2003)

RECAP
67 Nov. 5, 2003

JOINT MOTION by pltf for a limited extension of the 11/5/03 discovery deadline (*) (jrm) (Entered: 11/05/2003)

RECAP
72 Nov. 6, 2003

RESPONSE by defendants to movant NMDOL's motion to quash subpoena [71-1] and for protective order [71-2] (sl) (Entered: 11/26/2003)

RECAP
72 Nov. 6, 2003

MOTION by defts to compel pltf to consent to production of unemployment records (jrm) (Entered: 12/08/2003)

RECAP
74 Nov. 7, 2003

APPENDIX filed by defendants re response [72-1] (sl) Modified on 12/02/2003 (Entered: 11/26/2003)

RECAP
68 Nov. 12, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the 11/5/03 discovery deadline [67-1] Discovery cutoff 11/26/03 (cc: all counsel) (js) (Entered: 11/12/2003)

RECAP
73 Nov. 13, 2003

REPLY by movant New Mexico Dept Labr to defts' response to motion to quash subpoena [71-1] and for protective order (sl) (Entered: 11/26/2003)

RECAP
76 Nov. 21, 2003

RESPONSE by pltf to motion to compel pltf to consent to production of unemployment records [72-1] (jrm) (Entered: 12/08/2003)

RECAP
69 Nov. 25, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on pending mtns for 12/11/03 @ 2:00 pm (cc: all counsel*) (jrm) (Entered: 11/25/2003)

RECAP
75 Dec. 1, 2003

CERTIFICATE of service by plaintiff of 4th supplemental initial disclosures to counsel on 12/1/03 * (vv) (Entered: 12/01/2003)

RECAP
77 Dec. 5, 2003

REPLY by defts to response to motion to compel pltf to consent to production of unemployment records [72-1] (*) (jrm) (Entered: 12/08/2003)

RECAP
78 Dec. 16, 2003

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Status Conference held 12/11/03 (*) (jrm) (Entered: 12/17/2003)

RECAP
79 Dec. 23, 2003

STIPULATED MOTION by defts to extend time until 12/24/03 in which to file pretrial mtns (*) (jrm) (Entered: 12/23/2003)

RECAP
80 Dec. 24, 2003

MOTION & memo in support by deft Ballew Distributing Inc for summary judgment and to dismiss (*) (jrm) (Entered: 12/24/2003)

RECAP
81 Dec. 24, 2003

MOTION & memorandum by deft Ballew Distributing for summary judgment on claim of hostile work environment * (dmw) (Entered: 12/24/2003)

RECAP
82 Dec. 24, 2003

MOTION & memorandum by deft ABC Propane Inc for summary judgment on retaliation claim and for partial summary judgment on backpay damages & injunctive relief * (dmw) (Entered: 12/24/2003)

RECAP
83 Dec. 24, 2003

MOTION & memorandum by deft Bell Gas Inc for summary judgment on the issue of claims related to Evelyn Silva's employment with Ballew Distributing * (dmw) (Entered: 12/24/2003)

RECAP
84 Dec. 24, 2003

MOTION & memorandum by deft Bell Gas for summary judgment on claims related to Evelyn Silva's employment with ABC Propane * (dmw) (Entered: 12/24/2003)

RECAP
85 Dec. 24, 2003

MOTION & memorandum by defendant Cortez Gas Company for summary judgment * (dmw) (Entered: 12/24/2003)

RECAP
86 Dec. 31, 2003

ORDER by Magistrate Judge Lourdes A. Martinez denying defts' motion to compel pltf to consent to production of unemployment records [72-1] & to quash subpoena [71-1] (cc: all counsel) (js) (Entered: 12/31/2003)

RECAP
87 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas Incorporate re mtn for sum/jgm [80-1] & mtn to dismiss [80-2] (td) (Entered: 12/31/2003)

RECAP
88 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on claim of hostile work environment [81-1] (td) (Entered: 12/31/2003)

RECAP
89 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on the issue of claims related to Evelyn Silva's employment with Ballew Distributing [83-1] (td) (Entered: 12/31/2003)

RECAP
90 Jan. 6, 2004

UNOPPOSED MOTION by pltf to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss (jrm) (Entered: 01/07/2004)

RECAP
91 Jan. 14, 2004

AMENDED CERTIFICATE of Service by pltf of unopposed mtn for extension to respond to mtns for sum/jgm to cousnel on 1/7/04* (pr) (Entered: 01/14/2004)

RECAP
92 Jan. 14, 2004

ORDER by Senior Judge James A. Parker of consent decree pertaining to claimant Cheri Brisco only as described herein (cc: all counsel) (sl) (Entered: 01/14/2004)

RECAP
93 Jan. 15, 2004

ORDER by Magistrate Judge Lourdes A. Martinez granting stipulated motion to extend time until 12/24/03 in which to file pretrial mtns [79-1] (cc: all counsel) (js) (Entered: 01/15/2004)

RECAP
94 Jan. 20, 2004

ORDER by District Judge Bruce D. Black granting pltf's unopposed motion to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss [90-1] (cc: all counsel) (jrm) (Entered: 01/20/2004)

RECAP
95 Feb. 19, 2004

SECOND UNOPPOSED MOTION by pltf to extend time until 2/27/04 in which to respond to defts' mtns for sum/jgm & to dismiss (*) (jrm) (Entered: 02/19/2004)

RECAP
96 Feb. 20, 2004

UNOPPOSED MOTION by pltf to vacate the 4/5/04 trial setting (*) (jrm) (Entered: 02/23/2004)

RECAP
97 Feb. 24, 2004

STIPULATED MOTION to extend time until 2/24/04 in which to file Pretrial Order (*) (jrm) (Entered: 02/24/2004)

RECAP
98 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Ballew Distributing's motion for summary judgment on claim of hostile work environment [81-1] (*) (jrm) (Entered: 03/01/2004)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female employee of ABC Propane Inc. who was terminated in retaliation for reporting her previous employer's sexual harassment to the EEOC.

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

ABC Propane Incorporated

Bell Gas Incorporated

Cortez Gas Company

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:02-cv-01212

District of New Mexico 1:02-cv-01213

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:

Monitoring

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Amount Defendant Pays: $36,000

Order Duration: 2004 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation