Case: EEOC v. Lithia Dodge Cherry Creek

1:05-cv-01901 | U.S. District Court for the District of Colorado

Filed Date: Sept. 30, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Denver Field Office of the EEOC brought this suit against Lithia Cherry Creek Dodge, Inc. (dba Lithia Dodge of Cherry Creek) in September 2005 in the U.S. District Court for the District of Colorado. The complaint alleged a hostile work environment and constructive discharge based on race and retaliation for complaining about racial harassment. A complainant intervened in December 2005. The parties reached a settlement in February 2006, and a consent decree was entered in March 2006. The co…
The Denver Field Office of the EEOC brought this suit against Lithia Cherry Creek Dodge, Inc. (dba Lithia Dodge of Cherry Creek) in September 2005 in the U.S. District Court for the District of Colorado. The complaint alleged a hostile work environment and constructive discharge based on race and retaliation for complaining about racial harassment. A complainant intervened in December 2005. The parties reached a settlement in February 2006, and a consent decree was entered in March 2006. The consent decree required the defendant to pay the three charging parties a total of $375,000.00 in damages and lost wages and $187,500.00 in attorney fees. The consent decree also required the defendant to conduct EEO training for all employees; post notice; refrain from discrimination and retaliation; hire an outside consultant; and submit semi-annual reports to the EEOC. The decree was to last for four years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Daisy Manning (10/29/2008)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4714043/parties/equal-employment-opportunity-commission-v-lithia-motors-inc/


Judge(s)

Figa, Phillip S. (Colorado)

Attorney for Plaintiff

Bangert, Patricia S. (Colorado)

Palma, Lynn L. (Colorado)

Attorney for Defendant

Costinett, Matthew James (Colorado)

Sullivan, Michael Brice (Colorado)

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Documents in the Clearinghouse

Document

1:05-cv-01901

Docket [PACER]

March 8, 2006

March 8, 2006

Docket
1

1:05-cv-01901

Complaint

Sept. 30, 2005

Sept. 30, 2005

Complaint
14

1:05-cv-01901

Motion to Intervene

Dec. 5, 2005

Dec. 5, 2005

Pleading / Motion / Brief
14

1:05-cv-01901

Intervenor's Complaint

Dec. 5, 2005

Dec. 5, 2005

Complaint
25

1:05-cv-01901

Consent Decree

March 8, 2006

March 8, 2006

Settlement Agreement
26

1:05-cv-01901

Order Approving Consent Decree

March 8, 2006

March 8, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4714043/equal-employment-opportunity-commission-v-lithia-motors-inc/

Last updated Aug. 18, 2025, 12:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and jury trial demand against all defendants Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Special Assignment Form)(bpm, ) (Entered: 09/30/2005)

1 Civil Cover Sheet

View on PACER

2 Special Assignment Form

View on PACER

Sept. 30, 2005

Sept. 30, 2005

PACER
2

MEMORANDUM RETURNING CASE for reassigment by Judge Matsch. (bpm, ) (Entered: 10/05/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
3

LETTER REASSIGNING CASE. Case reassigned to Judge Phillip S. Figa for all further proceedings. Judge Richard P. Matsch is no longer assigned to case. (bpm, ) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
4

Letter from CT Corporation to Lynn L. Palma returning the Notice, and 1 Complaint they received. Lithia Motors d/b/a Lithia Dodge of Cherry Creek is not listed on their records or on the records of the State of CO. (lam, ) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
5

ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Figa. (emksl, ) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
6

ORDER: Scheduling Conference set for 11/15/2005 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 10/20/05. (emksl, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

RECAP
7

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Lithia Motors Support Services, Inc. waiver sent on 10/4/2005, answer due 12/5/2005. (Palma, Lynn) (Modified on 11/14/2005 to correct the name of the entity that signed the waiver) (gms, ). (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

PACER
8

Docket Annotation re: 7 Waiver of Service Executed. This docket entry was modified to correct the name of the entity that signed the waiver to "Lithia Motors Support Services, Inc." Text only entry - no document attached. (gms, ) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
9

ORDER: Scheduling Conference reset for 12/5/2005 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Show Cause Hearing set for 12/5/2005 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 11/15/05. (emksl, ) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

RECAP
10

Minute Entry for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 11/16/2005: Plaintiff shall show cause why this case should not be dismissed for failure to appear and lack of prosecution at a show cause hearing, scheduled for December 5, 2005 at 9:00 a.m. Rule 16 Scheduling Conference is reset to December 5, 2005 at 9:00 a.m. (Court Reporter FTR- Kathy Preuitt-Parks.) (emksl, ) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

PACER
11

Joint MOTION to Vacate 10 Scheduling Conference, and Show Cause Hearing of December 5, 2005, by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
12

MEMORANDUM referring to Magistrate Judge Watanabe : 11 Joint MOTION to Vacate 10 Scheduling Conference, and Show Cause Hearing of December 5, 2005, filed by Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 11/29/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
13

Minute ORDER granting Plaintiff's 11 Motion to Vacate and Reschedule. The show cause hearing set on December 5, 2005, at 9:00 a.m. is VACATED. The show cause order dated November 15, 2005, is also VACATED. Scheduling Conference is reset to January 11, 2006, at 9:00 a.m., in Courtroom A502, by Magistrate Judge Michael J. Watanabe on 11/30/05. (emksl, ) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

RECAP
14

MOTION to Intervene by Interested Party James Witherspoon. (Attachments: # 1 Exhibit 1 (Complaint))(Bangert, Patricia) (Entered: 12/05/2005)

1 Exhibit 1 (Complaint)

View on PACER

Dec. 5, 2005

Dec. 5, 2005

PACER
15

MEMORANDUM referring to Magistrate Judge Watanabe : 14 MOTION to Intervene filed by James Witherspoon, by Judge Phillip S. Figa on 12/6/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

PACER
16

MINUTE ORDER granting 14 Witherspoons' Motion to Intervene as Party Plaintiff, by Magistrate Judge Michael J. Watanabe on 12/20/05. (emksl, ) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

RECAP
17

Unopposed MOTION to Vacate and Reschedule January 11, 2006 Scheduling Conference and Status Report by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
18

MEMORANDUM referring to Magistrate Judge Watanabe : 17 Unopposed MOTION to Vacate and Reschedule January 11, 2006 Scheduling Conference and Status Report filed by Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 12/20/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
19

Minute ORDER granting Plaintiff's Status Report and 17 Motion to Vacate and Reschedule 1/11/06 hearing. Scheduling conference is reset to 2/16/06 at 9:30 a.m., by Magistrate Judge Michael J. Watanabe on 12/28/05. (gms, ) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

RECAP
20

MINUTE ORDER: Parties having settled this matter, Dismissal Paper due by 2/21/2006, Scheduling Conference set for 02/16/06 at 9:30am is VACATED, by Magistrate Judge Michael J. Watanabe on 02/07/06. (rlp, ) (Entered: 02/08/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
21

Unopposed MOTION For Extension of Time to File Motion for Dismissal and Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

PACER
22

MEMORANDUM referring to Magistrate Judge Watanabe : 21 Unopposed MOTION For Extension of Time to File Motion for Dismissal and Proposed Consent Decree filed by Plaintiff Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 2/21/06. (Text Only Entry - No Document Attached)(lam, ) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

PACER
23

MINUTE ORDER granting Plaintiff's 21 Motion for Extension of Time to File Motion to Dismiss and Consent Decree, parties have up to and including 03/03/06 to file, by Magistrate Judge Michael J. Watanabe on 02/22/06. (rlp, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
24

NOTICE of Entry of Appearance by Michael Brice Sullivan on behalf of all defendants (Sullivan, Michael) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
25

Joint MOTION to Dismiss upon Approval of Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Consent Decree)(Palma, Lynn) (Entered: 03/03/2006)

1 Proposed Order (PDF Only) Consent Decree

View on PACER

March 3, 2006

March 3, 2006

PACER
26

ORDER granting Joint 25 Motion for Approval of Consent Decree and to Dismiss with Prejudice, the court retains jurisdiction to enforce this Consent Decree . Signed by Judge Phillip S. Figa on 03/08/06. (rlp2, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lithia Motors, Inc. (Aurora, CO), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available 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

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Amount Defendant Pays: 562500

Order Duration: 2006 - 2010

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit