Case: EEOC v. TruGreen Landcare

2:05-cv-01203 | U.S. District Court for the District of Nevada

Filed Date: Sept. 30, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 30, 2005, the EEOC on behalf of a female employee, filed a sexual harassment and retaliation complaint in the United States District Court for the District of Nevada alleging the defendant TruGreen Landcare violated Title VII of the Civil Rights Act of 1964. The complaint sought injunctive relief, and compensation.

On October 2, 2007, the court (Judge Roger L. Hunt) approved a consent decree outlining the terms for settlement in the case. The charging party received $100,000 and the company agreed to injunctive relief in the form of a new sexual harassment policy, an anti-retaliation provision and EEO employee training.

Summary Authors

David Miller (8/23/2010)

People


Judge(s)

Hunt, Roger L. (Nevada)

Attorneys(s) for Plaintiff

Morrison, Angela D. (Nevada)

Noh, Sue J. (California)

Park, Anna Y. (California)

Rojas, Cherry-Marie D. (California)

Tungol, Wilfredo (Hawaii)

Attorneys(s) for Defendant

Hicks, Patrick H. (Nevada)

Krincek, Wendy M. (Nevada)

Westbrook, Deborah L. (Nevada)

Young, Bruce C. (Nevada)

Judge(s)

Hunt, Roger L. (Nevada)

Attorneys(s) for Plaintiff

Morrison, Angela D. (Nevada)

Noh, Sue J. (California)

Park, Anna Y. (California)

Rojas, Cherry-Marie D. (California)

Tungol, Wilfredo (Hawaii)

Attorneys(s) for Defendant

Hicks, Patrick H. (Nevada)

Krincek, Wendy M. (Nevada)

Westbrook, Deborah L. (Nevada)

Young, Bruce C. (Nevada)

Documents in the Clearinghouse

Document

2:05-cv-01203

Docket

EEOC v. Trugreen Landcare

Oct. 2, 2007

Oct. 2, 2007

Docket
1-2809148

2:05-cv-01203

Complaint - Civil Rights Sex Harassment and Retaliation

EEOC v. Trugreen Landcare

Sept. 30, 2005

Sept. 30, 2005

Complaint
39

2:05-cv-01203

Consent Decree

EEOC v. Trugreen Landcare

Oct. 2, 2007

Oct. 2, 2007

Order/Opinion

Docket

Last updated Sept. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link

SUMMONS ISSUED to Pltf (1) (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

1

COMPLAINT by Pltf w/jd. (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

2

WAIVER OF SERVICE Returned Executed by Defendants Trugreen Landcare, Trugreen Landcare. Trugreen Landcare waiver sent on 12/7/2005, answer due 2/5/2006. (MMM, ) (Entered: 12/29/2005)

Dec. 23, 2005

Dec. 23, 2005

3

ANSWER to 1 Complaint by Defendant Trugreen Landcare. Certificate of Interested Parties due by 2/13/2006. Discovery Plan due by 3/20/2006.(Young, Bruce) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

4

CERTIFICATE of Interested Parties by Defendant Trugreen Landcare. (Young, Bruce) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

5

ORDER for ENE session on 4/20/06 @ 9:00am. Signed by Judge George W Foley Jr. on 2/10/06. (AXM, ) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

6

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff U.S. Equal Employment Opportunity Commission Stipulated . (Noh, Sue) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

8

NOTICE: Pursuant to Special Order No. 102 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge George W Foley, Jr will be the evaluating judge in this case. Early Neutral Evaluation set for 6/2/2006 09:00 AM before Magistrate Judge George W Foley Jr.. (no image attached) (AXM, ) Additional attachment(s) added on 3/28/2006 (AXM, ). (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

9

ORDER denying 6 Proposed Discovery Plan/Scheduling Order. Discovery deadline due by 10/17/06. Motions due by 11/16/06. Proposed Joint Pretrial Order due by 12/18/2006. Interim Status Report due by 8/18/2006. Signed by Judge Peggy A. Leen on 3/24/06. (MJZ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

10

NOTICE of Appearance by attorney wilfredo tungol on behalf of Plaintiff U.S. Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

11

MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr..Pla Counsel: Wilfredo Tungol ; Def Counsel: Patrick Hicks ;. No settlement was reached. (AXM) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

12

MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr.. Crtrm Administrator: Julia Hill ; Pla Counsel: Wilfredo Tungol ; Def Counsel: Patrick Hicks ; Time of Hearing: 9:00 a.m. . The Court heard presentations from counsel and each of the parties present and thereafter met individually with counsel and each individual party. No settlement was reached. Accordingly, the court finds this case should be returned to the normal litigation track. (no image attached) (KLS, ) (Entered: 06/07/2006)

June 2, 2006

June 2, 2006

13

STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD [FIRST EXTENSION] by Defendant Trugreen Landcare. (Hicks, Patrick) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

14

ORDER ON STIPULATION re 13 Stipulation. SCHEDULING ORDER. Discovery due by 1/15/2007. Motions due by 2/14/2007. Proposed Joint Pretrial Order due by 3/16/2007. Signed by Judge Peggy A. Leen on 8/11/06. (AXM) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

15

STATUS REPORT Joint Interim Status Report by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

16

MINUTE ORDER IN CHAMBERS of the Honorable Roger L. Hunt, U.S. District Judge on 11/30/2006. By Deputy Clerk: Kandy Capozzi. Having reviewed the Joint Interim Status Report, IT IS HEREBY ORDERED this case shall be referred to the U.S. Magistrate Judge upon close of discovery, which is currently 1/15/2007, for the scheduling of a settlement conference. Calendar Call set for 6/13/2007 08:45 AM in LV Courtroom 6C before Judge Roger L. Hunt. Jury Trial set for 6/18/2007 08:30 AM in LV Courtroom 6C before Judge Roger L. Hunt. These dates shall be included in the Joint Pretrial Order. Any requests for continuances of discovery or dispositive motions shall also include a concurrent request for continuance of the trial date and supply available dates. (no image attached) (KMC, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

17

STIPULATION To Extend Discovery and Order to Extend Discovery Period by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

18

STIPULATION Request for Continuance of Trial Date by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

19

SCHEDULING ORDER Re: 17 Stipulation to Extend Discovery Period. Discovery due by 2/14/2007. Motions due by 3/16/2007. Proposed Joint Pretrial Order due by 4/15/2007. Signed by Judge Peggy A. Leen on 12/27/06. (AAB) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

21

ORDER Scheduling Settlement Conference: Settlement Conference set for 5/10/2007 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 1/5/07. (AAB) (Entered: 01/10/2007)

Jan. 9, 2007

Jan. 9, 2007

22

STIPULATION Stipulation and order continuing dispostivie motions and pretrial order deadlines by Defendant Trugreen Landcare. (Westbrook, Deborah). (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

23

NOTICE of Hearing:on #22 Stiulation Miscellaneous Hearing set for 3/13/2007 08:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

24

NOTICE of Hearing: Hearing reset for 3/13/2007 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Hearing set for 3/13/07 is VACATED.(AXM) (Entered: 03/06/2007)

March 5, 2007

March 5, 2007

25

MINUTES OF PROCEEDINGS − Discovery Hearing held on 3/13/2007 before Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller ; Pla Counsel: Angela D. Morrison, Esq. ; Def Counsel: Deborah L. Westbrook, Esq. (via telephone) ; Court Reporter/FTR #: 2:03:40 − 2:08:31 ; Time of Hearing: 2:00pm . After discussing this matter with counsel, The Court will approve and sign their proposed stipulation to extend motions and pretrial deadlines. (no image attached) (JAM, ) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

26

SCHEDULING ORDER. Motions due by 6/11/2007. Proposed Joint Pretrial Order due by 7/11/2007. Signed by Judge Peggy A. Leen on 3/13/07. (MAJ) (Entered: 03/16/2007)

March 13, 2007

March 13, 2007

27

STIPULATION STIPULATION AND REQUEST FOR ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

28

ORDER ON STIPULATION granting 27 Stipulation to VACATE settlement conference. Signed by Judge Peggy A. Leen on 4/30/07. (AXM) Modified on 5/4/2007 (AXM, correcting judge). (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

29

PROPOSED Pretrial Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

30

PRETRIAL ORDER: Jury Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Proposed Jury Instructions due by 10/10/2007.,Proposed Voir Dire due by 10/10/2007. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)

July 13, 2007

July 13, 2007

31

ORDER REFERRING CASE to Magistrate Judge for settlement conference. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)

July 13, 2007

July 13, 2007

32

ORDER Scheduling Settlement Conference: Settlement Conference set for 8/30/2007 09:30 AM in Chambers before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 7/17/07. (Copies have been distributed pursuant to the NEF − MJZ) (Entered: 07/19/2007)

July 17, 2007

July 17, 2007

33

STIPULATION STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Krincek, Wendy) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

34

ORDER ON STIPULATION Granting 33 Stipulation to vacate settlement conference. Signed by Judge Peggy A. Leen on 8/27/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

36

ORDER REGARDING TRIAL: Bench Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Exhibit List due by 10/10/2007. Proposed Findings of Fact and Conclusions of Law due by 10/10/2007. Signed by Judge Roger L. Hunt on 9/26/2007. (Copies have been distributed pursuant to the NEF − KMC) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

37

NOTICE ORDER REGARDING TRIAL 36 rescinded. (Docketed in wrong case.) (KMC) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

38

SETTLEMENT AGREEMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

39

CONSENT DECREE. Signed by Judge Roger L. Hunt on 10/2/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Debbrah Bray - affected by unlawful practices of discrimination based on sex including sexual harassment, demotion, reassignment and denial of promotion.

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

TruGreen LandCare (Las Vegas, Clark), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: $100, 000

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits