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)

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
26

1:05-cv-01901

Order Approving Consent Decree

March 8, 2006

March 8, 2006

Order/Opinion
25

1:05-cv-01901

Consent Decree

March 8, 2006

March 8, 2006

Settlement Agreement

Resources

Docket

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

Last updated Aug. 1, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
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, )

Oct. 20, 2005

Oct. 20, 2005

RECAP
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)

Sept. 30, 2005

Sept. 30, 2005

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, )

Nov. 15, 2005

Nov. 15, 2005

RECAP
2

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

Oct. 4, 2005

Oct. 4, 2005

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, )

Nov. 30, 2005

Nov. 30, 2005

RECAP
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

16

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

Dec. 20, 2005

Dec. 20, 2005

RECAP
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

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, )

Dec. 28, 2005

Dec. 28, 2005

RECAP
5

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

Oct. 11, 2005

Oct. 11, 2005

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

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

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

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

14

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

Dec. 5, 2005

Dec. 5, 2005

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

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

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

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

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

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

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

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

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)

March 3, 2006

March 3, 2006

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, )

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):

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

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

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: 562500

Order Duration: 2006 - 2010

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Reporting

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit