Case: EEOC v. Exel, Inc.

1:04-cv-02005 | U.S. District Court for the District of Colorado

Filed Date: Sept. 29, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 29, 2004, the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the District Court of Colorado against Exel, Inc. The original complaint is unavailable; however, on June 28, 2005, the complainant filed a complaint under Title VII of the Civil Rights Act of 1964 as an intervenor-plaintiff. The intervenor-plaintiff sought injunctive relief, compensatory damages, punitive damages, attorneys' fees and costs, and other forms of affirmative relief claiming that the defendant performed a sham investigation and terminated his employment because of his race, African American, and because he complained about offensive racial comments made by a white co-worker.

On December 20, 2005, the District Court (Judge Richard P. Matsch) entered a consent decree where the defendant, among other things, agreed to pay $145, 000 to the intervenor-plaintiff.

Summary Authors

Perry Miska (4/11/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4196793/parties/eeoc-v-exel-inc/


Judge(s)

Boland, Boyd N. (Colorado)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Kittle, Rita Byrnes (Colorado)

Attorneys(s) for Defendant

Seidman, Jennifer Alanna (Colorado)

Vickles, Heather Fox (Colorado)

Other Attorney(s)

Active

Judge(s)

Boland, Boyd N. (Colorado)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Kittle, Rita Byrnes (Colorado)

Attorneys(s) for Defendant

Seidman, Jennifer Alanna (Colorado)

Vickles, Heather Fox (Colorado)

Other Attorney(s)

Gaar, Dale A. (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Exel

April 20, 2009 Docket
25

Intervenor Complaint

June 28, 2005 Complaint
33

Consent Decree

Dec. 20, 2005 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196793/eeoc-v-exel-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT and jury trial demand (bpm) (Entered: 09/29/2004)

Sept. 29, 2004 PACER
2

ORDER R16,stat,stlmt,pt referred to Magistrate Judge Boyd N. Boland by Judge Richard P. Matsch (cc: to counsel) (lam) (Entered: 10/05/2004)

Sept. 30, 2004 PACER
3

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 9:00 12/9/04 (cc: all counsel) (pap) (Entered: 10/08/2004)

Oct. 7, 2004 PACER
4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Exel, Inc. waiver sent on 10/15/2004, answer due 12/14/2004. (gms, ) (Entered: 11/23/2004)

Nov. 18, 2004 PACER
5

MINUTE ORDER: Scheduling Conference reset for 1/10/2005 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 11/18/04. (gms, ) (Entered: 11/23/2004)

Nov. 18, 2004 PACER
6

ANSWER to Complaint by Exel, Inc..(gms, ) (Entered: 12/16/2004)

Dec. 14, 2004 PACER
7

Corporate Disclosure STATEMENT by Defendant Exel, Inc. (gms, ) (Entered: 12/16/2004)

Dec. 14, 2004 PACER
8

SCHEDULING ORDER: Discovery due by 7/29/2005. Dispositive Motions due by 8/31/2005. Settlement Conference set for 2/28/2005 03:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 1/10/05. (erv, ) (Entered: 01/12/2005)

Jan. 10, 2005 PACER
9

SCHEDULING ORDER:. Signed by Magistrate Judge Boyd N. Boland on 1/10/05. (erv, ) (Entered: 01/12/2005)

Jan. 10, 2005 PACER
10

MINUTE ORDER setting Settlement Conf for 2/8/05 at 3:30 pm by Magistrate Judge Boyd N. Boland on 1/10/05. (erv, ) (Entered: 01/12/2005)

Jan. 10, 2005 PACER
11

SUPPLEMENT to 8 Scheduling Order re: computation of damages by Plaintiff Equal Employment Opportunity Commission. (lam, ) (Entered: 01/24/2005)

Jan. 18, 2005 PACER
12

Minute Entry for proceedings held before Judge Boyd N. Boland : Settlement Conference held on 2/8/2005. No Record Made. (lam, ) (Entered: 02/14/2005)

Feb. 8, 2005 PACER
13

Unopposed MOTION For Extension of Time to respond to Pla's Second set of Interrogatories and requests for production of documents by Defendant Exel, Inc.. (erv, ) (Entered: 03/25/2005)

March 23, 2005 PACER
14

MEMORANDUM referring to Magistrate Judge Boland : 13 MOTION For Extension of Time filed by Exel, Inc., by Chambers on 3/25/05. (pap, ) (Entered: 03/29/2005)

March 25, 2005 PACER
15

Minute ORDER granting Unopposed 13 Motion for Extension of Time to Respond to pla's 2nd Set of Interrogatories and Requests for Production to 4/6/05, by Magistrate Judge Boyd N. Boland on 3/28/05. (gms, ) (Entered: 03/30/2005)

March 28, 2005 PACER
16

Application (MOTION) to Intervene as a plaintiff by Clifford Baker. Attachment: Tendered Complaint and Jury Demand. (lam, ) (Entered: 05/27/2005)

May 25, 2005 PACER
17

MEMORANDUM referring to Magistrate Judge Boland : 16 MOTION to Intervene filed by Clifford Baker, by Chambers on 5/26/05. (pap, ) (Entered: 05/31/2005)

May 26, 2005 PACER
18

MINUTE ORDER denying denying without prejudice 16 Application for Intervention by Clifford Baker by Magistrate Judge Boyd N. Boland on 5/27/05. (lam, ) (Entered: 06/01/2005)

May 27, 2005 PACER
19

MOTION to Intervene and Certificate of Compliance by Proposed Intervenor Plaintiff Clifford Baker. (lam, ) (Entered: 06/17/2005)

June 16, 2005 PACER
20

MEMORANDUM referring to Magistrate Judge Boland : 19 MOTION to Intervene filed by Proposed Intervenor Clifford Baker by Chambers on 6/20/05. (Text Only Entry - No Document Attached)(lam, ) (Entered: 06/20/2005)

June 20, 2005 PACER
21

ORDER granting Unopposed 19 Application to Intervene by Clifford Baker and Certificate of Compliance with Local Rule 7.1A. Signed by Magistrate Judge Boyd N. Boland on 6/28/05. (lam2, ) (Entered: 06/28/2005)

June 28, 2005 RECAP
25

INTERVENOR COMPLAINT against Excel, Inc. filed by Clifford Baker.(lam, ) (Entered: 08/19/2005)

June 28, 2005 PACER
22

ANSWER to Complaint with Jury Demand by Exel, Inc..(Vickles, Heather) (Entered: 07/15/2005)

July 15, 2005 PACER
23

Joint MOTION to Amend/Correct/Modify 8 Scheduling Order, Set Scheduling Order Deadlines, 9 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/28/2005)

July 28, 2005 PACER
24

ORDER pursuant to Unopposed Joint 23 Motion to Amend Scheduling Order, that the discovery cutoffdate is extended to October 17, 2005, the deadlinefor designation of experts is extended to September 1, 2005, the deadline for rebuttal expertdesignations is extended to October 3, 2005, and the deadline for dispositive motions is extended to November 18, 2005. Signed by Judge Richard P. Matsch on 7/29/05. (lam2, ) (Entered: 07/29/2005)

July 29, 2005 RECAP
26

Second MOTION For Extension of Time to Disclose Experts by Intervenor Plaintiff Clifford Baker. (Gaar, Dale) (Entered: 09/01/2005)

Sept. 1, 2005 PACER
27

MEMORANDUM referring to Magistrate Judge Boland : 26 Second MOTION For Extension of Time to Disclose Experts filed by Intervnor Plaintiff Clifford Baker, by Judge Richard P. Matsch on 9/2/05. (Text Only Entry - No Document Attached)(lam, ) (Entered: 09/02/2005)

Sept. 2, 2005 PACER
28

MINUTE ORDER denying without prejudice 26 Plaintiff Bakers's Motion for Extension of Time to Designate Expert, by Magistrate Judge Boyd N. Boland on 9/6/05. (lam2, ) (Entered: 09/06/2005)

Sept. 6, 2005 PACER
29

Second MOTION to Amend/Correct/Modify 24 Order on Motion to Amend/Correct/Modify, Scheduling Order by All Parties by Intervenor Plaintiff Clifford Baker. (Gaar, Dale) (Entered: 09/13/2005)

Sept. 13, 2005 PACER
30

MEMORANDUM referring to Magistrate Judge Boland : 29 Second MOTION to Amend/Correct/Modify 24 Order on Motion to Amend/Correct/Modify Scheduling Order by All Parties filed by Intervenor Plaintiff Clifford Baker, by Chambers on 9/14/05. (Text Only Entry - No Document Attached) (lam, ) (Entered: 09/14/2005)

Sept. 14, 2005 PACER
31

MINUTE ORDER granting 29 Unopposed Second Joint Motion to Amend Scheduling Order and Certificate of Compliance as set forth in this Minute Order. Discovery Cut-Off deadline 12/1/05 and Dispositive Motion Deadline 1/6/06, by Magistrate Judge Boyd N. Boland on 9/15/05. (lam2, ) (Entered: 09/15/2005)

Sept. 15, 2005 RECAP
32

Joint MOTION to Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Consent Decree)(Kittle, Rita) (Entered: 12/19/2005)

1 Proposed Order (PDF Only) Consent Decree

View on PACER

Dec. 19, 2005 PACER
33

CONSENT DECREE Defendant agrees to pay the gross amount of $145,000 to Clifford Baker as payment for back pay, compensatory damages, interest, attorneys fees, and costs. Defendant, its officers, agents, successor, etc. are enjoined from engaging in any employment practice which discriminates on the basis of race or color or from engaging in reprisal or retaliation of any kind against any person because of such person's opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act. Each party shall be responsible for and shall pay its own costs and attorney's fees. Signed by Judge Richard P. Matsch on 12/20/05. (gms, ) (Entered: 12/20/2005)

Dec. 20, 2005 RECAP
34

STIPULATION of Dismissal of Case Joint Stipulation for Dismissal With Prejudice by Defendant Exel, Inc.. (Vickles, Heather) (Entered: 04/17/2009)

April 17, 2009 PACER
35

ORDER Granting 34 Stipulation of Dismissal of Case With Prejudice. Each party to bear its own costs and attorneys' fees by Judge Richard P. Matsch on 04/20/09. (jjh, ) (Entered: 04/20/2009)

April 20, 2009 RECAP

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of employee alleging termination based on race, black, and retaliation for having complained about race discrimination.

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

Exel, Inc., 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

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: $145,000

Order Duration: 2005 - 2008

Content of Injunction:

Reporting

Recordkeeping

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Party intervened in EEOC suit