Case: EEOC v. JPI Partners LLC

2:02-cv-02643 | U.S. District Court for the District of Arizona

Filed Date: Dec. 31, 2002

Closed Date: Jan. 11, 2007

Clearinghouse coding complete

Case Summary

The Phoenix office of the EEOC brought this suit against JPI Partners LLC and JPI Arizona Apartment Management LLC in December 2002 in the U.S. District Court for the District of Arizona. The complaint alleged violations of Title VII of the Civil Rights Act of 1964. More specifically, both the EEOC complaint and later the intervenor complaint alleged the defendant disciplined and discharged the complainant based on her sex, female, and her being pregnant. The court allowed the complainant to…

The Phoenix office of the EEOC brought this suit against JPI Partners LLC and JPI Arizona Apartment Management LLC in December 2002 in the U.S. District Court for the District of Arizona. The complaint alleged violations of Title VII of the Civil Rights Act of 1964. More specifically, both the EEOC complaint and later the intervenor complaint alleged the defendant disciplined and discharged the complainant based on her sex, female, and her being pregnant. The court allowed the complainant to intervene in the suit in April 2003 and then in September 2003 consolidated this case with the case brought by the intervenor and her husband 92:03-cv-00064-DGC). After a discovery dispute and the denial of defendants' motion for summary judgment, the parties entered a consent decree.

The decree included non-discrimination and non-retaliation clauses, required the defendant to post its anti-discrimination policy, and required the defendant to preserve all personnel records relevant to the determination of whether employment practices in violation of Title VII have been or are being committed. The defendant also agreed to provide annual EEO training to all employees and agreed to submit annual reports regarding compliance with the consent decree. The injunctive parts of the decree had a two year term. In the event of non-compliance, the decree called for court enforcement, notice and chance to remedy, and an indefinite extension of the decree. JPI also agreed to pay $135,000 to the complainant.

The decree was entered in January 2005 and scheduled to last until January 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (8/5/2008)

Related Cases

EEOC v. K-MART CORPORATION, District of Arizona (1998)

Valenzuela v. JPI Partners LLC, District of Arizona (2003)

People


Judge(s)

Campbell, David G. (Arizona)

Duncan, David K. (Arizona)

Attorneys(s) for Plaintiff

Kruse, Katherine (Arizona)

O'Neill, Mary Jo (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Badoux, Laurent Richard George (Arizona)

Ogden, J. Mark (Arizona)

Prynkiewicz, Peter (Arizona)

Schubert, Frank (Arizona)

Other Attorney(s)

Active

Judge(s)

Campbell, David G. (Arizona)

Duncan, David K. (Arizona)

Attorneys(s) for Plaintiff

Kruse, Katherine (Arizona)

O'Neill, Mary Jo (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Badoux, Laurent Richard George (Arizona)

Ogden, J. Mark (Arizona)

Prynkiewicz, Peter (Arizona)

Schubert, Frank (Arizona)

Other Attorney(s)

Holm, William D. (Arizona)

Documents in the Clearinghouse

Document

2:02-cv-02643

Docket [PACER]

Jan. 27, 2005

Jan. 27, 2005

Docket

2:03-cv-00064

Member Case Docket [PACER]

Valenzuela v. JPI Partners LLC

Jan. 27, 2005

Jan. 27, 2005

Docket
1

2:02-cv-02643

Complaint

Dec. 31, 2002

Dec. 31, 2002

Complaint
4

2:02-cv-02643

Intervenor's Complaint

Jan. 29, 2003

Jan. 29, 2003

Complaint
111

2:02-cv-02643

2:03-cv-00064

Consent Decree

2005 WL 2276726

Jan. 11, 2005

Jan. 11, 2005

Order/Opinion

2:02-cv-02643

EEOC Litigation Settlement Report (January 2005)

EEOC v. JPI Partners

No Court

Jan. 11, 2005

Jan. 11, 2005

Press Release

Resources

Docket

Last updated July 20, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
2

CERTIFICATE of Svc of Notice of Adverse Parties of Removal to Federal Court by dfts (MAP) (Entered: 01/15/2003)

Jan. 10, 2003

Jan. 10, 2003

3

STIPULATION to extend time for JPI Dfts to answer the Complaint [1-2] by Dfts JPI Partners LLC, JPI AZ Apartment Mgt, MAry Wessler and Pla [3-1] (MAP) Modified on 01/27/2003 (Entered: 01/27/2003)

Jan. 23, 2003

Jan. 23, 2003

4

ORDER by Magistrate Judge David K. Duncan granting stipulation to extend time for JPI Dfts to answer the Complaint [1-2] by Dfts JPI Partners LLC, JPI AZ Apartment Mgt, MAry Wessler and Pla [3-1] Time extended thru 2/28/03 (cc: all counsel) (MAP) (Entered: 01/29/2003)

Jan. 29, 2003

Jan. 29, 2003

Clearinghouse
5

Party agrees to mag judge jurisdiction (MAP) (Entered: 02/10/2003)

Feb. 3, 2003

Feb. 3, 2003

6

Party elects assignment of case to district judge ; mag election form ddl satisfied 2/5/03 (MAP) (Entered: 02/10/2003)

Feb. 5, 2003

Feb. 5, 2003

7

MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Earl H. Carroll All further papers/pleadings should now list the following COMPLETE case number: CIV-03-64-PHX-EHC (cc: all counsel/DKD/EHC) [7-2] (MAP) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

8

STIPULATION to consolidate this case with CV02-2643-PHX-FJM and transfer this action 03cv64-PHX-EHC to Judge Martone by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI Partners LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler , and and to dismiss counts I, II and III by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI Partners LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler (DMT) (Entered: 05/16/2003)

May 13, 2003

May 13, 2003

9

NOTICE of service of discovery by plas. (DMT) (Entered: 05/30/2003)

May 27, 2003

May 27, 2003

10

ORDER by Judge David G. Campbell granting stipulation to consolidate this case with CV02-2643-PHX-FJM and transfer this action 03cv64-PHX-EHC by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler, granting stipulation and to dismiss counts I, II and III by pla Williams Valenzuela, pla Joseph Valenzuela, dft JPI LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler Case reassigned to Judge David G. Campbell (with notice re consolidation sent) ; FURTHER ORDERED the parties shall by 9/26/03, file with the Court a joint case management report addressing whether the consolidation of these cases will require an adjustment in the litigation schedule presently existing for CV 02-2643.... (cc: all counsel/EHC) (LAD) (Entered: 09/22/2003)

Sept. 22, 2003

Sept. 22, 2003

ORDER by Judge David G. Campbell granting stipulation to extend time for dfts' response to pla's discovery requests (to 10/20/03) by pla in 2:02-cv-02643, dfts in 2:02-cv-02643 in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

ORDER by Judge David G. Campbell granting stipulation for extension of discovery deadline to complete the deposition of Mary Wessler by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 in 2:02-cv-02643 discovery ddl reset for 2/22/04 in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

ORDER by Judge David G. Campbell granting stipulation to extend time to resolve discovery disputes and disclosure issues by plas, dfts in 2:02-cv-02643; the deadline to resolve discovery disputes and disclosure issues and to supplement disclosures is extended to 3/12/0* (*as agreed by parties, this extension shall not change the 3/26/04 deadline for filing dispositive motions (cc: all counsel) (LAD) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

ORDER by Judge David G. Campbell re: order (scheduling) [44-1] in 2:02-cv-02643, 2:03-cv-00064 final pretrial order ddl of 4/23/04 is vacated; pretrial conference of 4/30/04 is vacated; jury trial of 5/11/04 is vacated (cc: all counsel) (LAD) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

PROTECTIVE ORDER by Judge David G. Campbell : granting stipulation for protective order by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that the stipulation for protective order will govern the production, disclosure and use of all documents containing or constituting any confidential information in this action (cc: all counsel) (LAD) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

ORDER by Judge David G. Campbell granting stipulation to extend time to file pla's response and dfts' reply to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] by pla in 2:02-cv-02643, dfts in 2:02-cv-02643, intervenor in 2:02-cv-02643 (pla and intervenor to respond by 5/5/04, dfts to reply by 5/27/04 -- no proposed documents) in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

ORDER by Judge David G. Campbell granting motion to exceed the page limit for doc(s) response to motion for summary judgment by pla EEOC in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 [69-1] (proposed response not provided) in 2:02-cv-02643; ORDERED that the page limit for the response of the Commission and pla intervenor is extended by 5 pages for a total of 22 pages (cc: all counsel) (LAD) (Entered: 05/12/2004)

May 12, 2004

May 12, 2004

ORDER by Judge David G. Campbell setting motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] at in 2:02-cv-02643 4:00 8/11/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (CMM) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

ORDER by Judge David G. Campbell denying motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] in 2:02-cv-02643; by separate order the Court will schedule a final pretrial conference (cc: all counsel) (LAD) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

ORDER by Judge David G. Campbell ; PTO ddl set for 4:00 10/8/04 in 2:02-cv-02643, in 2:03-cv-00064 ; Pretrial conference set for 3:00 10/29/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (LAD) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

AMENDED ORDER by Judge David G. Campbell ; Pretrial conference set for 4:00 12/3/04 in 2:02-cv-02643, in 2:03-cv-00064 ; PTO ddl set for 4:00 11/12/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (LAD) Modified on 09/27/2004 (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

ORDER by Judge David G. Campbell granting stipulation to dates set forth in the Court's amended order setting final pretrial conference in 2:02-cv-02643, in 2:03-cv-00064 [79-1] by pla in 2:02-cv-02643, dfts in 2:02-cv-02643, intervenor in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that the dates to submit documents, other than the final pretrial order, set forth in the Court's amended order setting final pretrial conference of 9/27/04, are enlarged by a period of 7 days (cc: all counsel) (LAD) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

JOINT FINAL PRETRIAL ORDER approved by Judge David G. Campbell (LAD) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

ORDER by Judge David G. Campbell trial set for 2/11/05 at 8:30 am; final pretrial conference set for 2/8/05 at 4:30 pm; denying motion to bifurcate punitive damages by dfts in 2:02-cv-02643 [80-1]; on or before 12/10/04, parties shall submit to the court deposition transcripts....; counsel for parties to meet to discuss settlement before 12/31/04 and provide the court with a report of such talks (cc: all counsel) (received 12/9/04) (LAD) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

MINUTE ENTRY before Judge David G. Campbell . Crt Rptr: None; settlement conference held ; settlement reached; Consent Degree signed by the parties on 1/7/05 and anticipate filing Stipulation for Dismissal on 1/10/05 [cc: all counsel] [0-2] (SRB) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

ORDER by Judge David G. Campbell having been advised that this matter has settled, the trial in this matter set for 2/11/05 is vacated, the final conference set for 2/8/05 is vacated pretrial conference vacated ; jury trial vacated (cc: all counsel) (SRB) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

CONSENT JUDGMENT by Judge David G. Campbell : to dismiss case granting motion for entry of consent decree by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 [109-1] in 2:02-cv-02643; ORDERED ADJUDGED AND DECREED that JPI will not, for the duration of this Decree, discriminate against an applicant or employee based on sex, and will not discipline or terminate an employee due to her pregnancy; JPI agrees to conduct all employment practices in a non- discriminatory manner; JPI will not, for the duration of this decree, retaliate against any employee because he or she (i) opposed discriminatory practices made unlawful by Title VII, (ii) filed a charge of discrimination, or is assisting or participating in the filing of a charge or (iii) testified, assisted or participated in an investigation, proceeding or hearing brought under Title VII; for the duration of this decree, in all matters arisig from or relating to employment, JPI shall preserve all personnel records relevant to the determination of whether employment practices in violation of Title VII have been or are being committed; JPI shall preserve these records for 1 year from the date of making of the record or of the personnel action documented in the record, whichever occurs later; if a charge of discrimination is filed against JPI...JPI shall preserve all relevant personnel records until final disposition of the charge; JPI or its agent shall pay the amount of $135,000 to Tracy Valenzuela's legal counsel; JPI will post, for the duration of this decree, in a prominent place frequented by its employees at its facilities in AZ, including its multi-family housing communities, the notice attached as Exhibit A in the same type, style and size as exhibit A.... (cc: all counsel/jgm drawer) (LAD) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

ORDER by Judge David G. Campbell granting stipulation to dismiss case with prejudice by pla in 2:02-cv-02643, dfts in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that pla-intervenor's claims be dismissed with prejudice, each party to bear its own attorneys' fees and costs (cc: all counsel/order book) (LAD) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 2002

Closing Date: Jan. 11, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

JPI Arizona Apartment Management, LLC, Private Entity/Person

JPI Partners LLC, 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

Any published opinion

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: 135000

Order Duration: 2005 - 2007

Content of Injunction:

Neutral/Positive Reference

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit