Case: EEOC v. Brink's Incorporated

1:01-cv-00473 | U.S. District Court for the District of New Mexico

Filed Date: April 27, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On April 27, 2001, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the District Court of New Mexico, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Brink's, Incorporated. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant denied the complainant a promotion to an Assistant Manager position because of her sex.

On May 10, 2001, the plaintiff filed an amended complaint. On December 5, 2002, the District Court (Judge M. Christina Armijo) entered a consent decree where the defendant, among other things, agreed to pay the complainant $58,750.

Summary Authors

Perry Miska (4/13/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5082316/parties/eeoc-v-brinks-incorporated/


Judge(s)

Armijo, M. Christina (New Mexico)

Attorney for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

Attorney for Defendant

Baldwin, Kimberly G. (New York)

Kellett, James E. (New York)

Documents in the Clearinghouse

Documents in this case

1:01-cv-00473

Docket

Jan. 17, 2003

Jan. 17, 2003

Docket
1

1:01-cv-00473

Complaint

April 27, 2001

April 27, 2001

Complaint
2

1:01-cv-00473

Amended Complaint

May 10, 2001

May 10, 2001

Complaint
89

1:01-cv-00473

Consent Decree

Dec. 5, 2002

Dec. 5, 2002

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5082316/eeoc-v-brinks-incorporated/

Last updated April 4, 2025, 12:02 p.m.

Docket for: EEOC v. Brink's Incorporated
ECF Number Date Description Link
1 April 27, 2001

COMPLAINT re: civil rights w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge Lorenzo F. Garcia) (eg) Modified on 04/30/2001 (Entered: 04/30/2001)

PACER
2 May 10, 2001

AMENDED COMPLAINT [1−1] by plaintiff EEOC; jury demand (sl) (Entered: 05/10/2001)

PACER
3 June 7, 2001

ENTRY OF APPEARANCE for deft by James E Kellett (vv) (Entered: 06/08/2001)

PACER
4 June 7, 2001

ENTRY OF APPEARANCE for deft by Claude E. Vance (vv) (Entered: 06/08/2001)

PACER
5 June 11, 2001

WAIVER OF SERVICE upon defendant Brink's Incorporated on 5/31/01 (sl) (Entered: 06/11/2001)

PACER
6 June 27, 2001

INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference set for 8/21/01 @ 10:00 am; provisional discovery plan and IPTR due 8/16/01 (cc: all counsel*) (jrm) (Entered: 06/28/2001)

PACER
7 July 5, 2001

ANSWER by defendant Brink's Incorporated [2−1] (sl) (Entered: 07/06/2001)

PACER
8 July 25, 2001

UNOPPOSED MOTION for Extension of time for pltf to serve motions to strike (no date specified) by plaintiff (sl) (Entered: 07/25/2001)

PACER
9 July 26, 2001

ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion for extension of time until 8/30/01 to serve motion to strike [8−1] (cc: all counsel) (sl) (Entered: 07/26/2001)

PACER
10 July 30, 2001

NOTICE of hearing before Magistrate Judge Lorenzo F. Garcia Telephonic Rule 16 scheduling conference reset for 8/31/01 at 10:00 am (cc: all counsel*) (sl) (Entered: 07/30/2001)

PACER
11 Aug. 2, 2001

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 08/03/2001)

PACER
12 Aug. 14, 2001

CERTIFICATE of service by pltf of initial disclosures to counsel on 8/13/01 (vv) (Entered: 08/15/2001)

PACER
19 Aug. 30, 2001

MOTION by plaintiff to strike affirmative defenses (sl) Modified on 10/29/2001 (Entered: 10/29/2001)

PACER
14 Sept. 4, 2001

ORDER by Magistrate Judge Lorenzo F. Garcia adopting Attorneys Provisional Discovery Plan [11−1] except as modified by IPTR (cc: all counsel*) (sl) (Entered: 09/04/2001)

PACER
15 Sept. 4, 2001

ORDER by Magistrate Judge Lorenzo F. Garcia assigning standard track and setting pretrial deadlines Discovery cutoff 2/8/02 ; Motion Filing cutoff 4/8/02 ; Pretrial ddl 5/15/02 (cc: all counsel) (sl) (Entered: 09/04/2001)

PACER
16 Sept. 7, 2001

CERTIFICATE of service by defendant of first request for production of documents and first set of interrogatories to counsel on 8/31/01 (sl) (Entered: 09/07/2001)

PACER
17 Sept. 14, 2001

INITIAL PRE−TRIAL REPORT by District Judge C. LeRoy Hansen and Magistrate Judge Lorenzo F. Garcia ; Discovery set for 2/8/02 ;mtn filing ddl set for 4/8/02 ; proposed pretrial order due 5/15/02 ; Estimated # of Trial Days: 5−6; Chances of Settlement: poor (cc: all counsel) (sl) Modified on 10/01/2001 (Entered: 09/14/2001)

PACER
18 Oct. 11, 2001

CERTIFICATE of service by plaintiff of answers and objections to deft's first set of request for production of documents, answers and objection to first set of interrogatories to counsel on 10/10/01 (sl) (Entered: 10/11/2001)

PACER
20 Oct. 26, 2001

MEMORANDUM by plaintiff in support of motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)

PACER
21 Oct. 26, 2001

RESPONSE by defendant to pltf's motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)

PACER
22 Oct. 26, 2001

REPLY by plaintiff to deft's response to motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)

PACER
23 Nov. 2, 2001

ORDER by Magistrate Judge Lorenzo F. Garcia setting settlement conference for 3/29/02 at 9:00 am (cc: all counsel*) (sl) Modified on 11/09/2001 (Entered: 11/05/2001)

PACER
24 Nov. 6, 2001

CERTIFICATE by plaintiff of service of 1st set of interrogs &request for production to counsel on 10/31/01 (eg) (Entered: 11/07/2001)

PACER
25 Nov. 27, 2001

MINUTE ORDER: Case reassigned from Judge C. LeRoy Hansen to District Judge M. C. Armijo (cc: all counsel*) (sl) (Entered: 11/28/2001)

PACER
26 Dec. 13, 2001

CERTIFICATE of service by defendant of responses and objections to pltf's discovery requests to counsel on 12/4/01 (sl) (Entered: 12/13/2001)

PACER
27 Dec. 26, 2001

UNOPPOSED MOTION by plaintiff to extend time until 1/24/02 in which to serve mtn to compel (jrm) (Entered: 12/26/2001)

PACER
28 Dec. 27, 2001

ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion to extend time until 1/24/02 in which to serve deft with a mtn to compel responses [27−1] (cc: all counsel) (ild) (Entered: 12/27/2001)

PACER
29 Jan. 3, 2002

CERTIFICATE by plaintiff of service of 2nd request for production &1st request for admissions to counsel on 01/02/02 (eg) (Entered: 01/07/2002)

PACER
30 Jan. 22, 2002

JOINT MOTION by plaintiff to extend some case deadlines (sl) (Entered: 01/22/2002)

PACER
31 Jan. 23, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia granting joint motion to extend some case deadlines [30−1] Discovery cutoff 2/22/02 ; Motion Filing cutoff 5/2/02 ; Pretrial order ddl 6/5/02 (cc: all counsel) (sl) (Entered: 01/24/2002)

PACER
35 Feb. 12, 2002

MOTION by plaintiff to compel deft to fully respond to EEOC's interrogatory No. 15 (sl) Modified on 04/16/2002 (Entered: 03/18/2002)

PACER
32 Feb. 20, 2002

CERTIFICATE of service by defendant of responses and objections to pltf's discovery request (sl) (Entered: 02/20/2002)

PACER
33 March 7, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia vacating settlement conference and directing parties to proceed to private settlement facilitation (cc: all counsel*) (sl) (Entered: 03/07/2002)

PACER
36 March 15, 2002

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)

PACER
37 March 15, 2002

AFFIDAVIT of Loretta Medina in support of motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)

PACER
38 March 15, 2002

RESPONSE by defendant to motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)

PACER
39 March 15, 2002

DECLARATION of Greg Hanno in support of motion response [38−1] (sl) (Entered: 03/18/2002)

PACER
40 March 15, 2002

DECLARATION of Kimberly G. Baldwin in support response [38−1] (sl) Modified on 04/16/2002 (Entered: 03/18/2002)

PACER
41 March 15, 2002

REPLY by plaintiff to response to motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)

PACER
42 March 15, 2002

DECLARATION of Loretta Medina in support of reply [41−1] (sl) Modified on 04/16/2002 (Entered: 03/18/2002)

PACER
43 April 1, 2002

MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Lorenzo F. Garcia denying pltf's motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35-1] (cc: all counsel*) (sl)

RECAP
44 April 18, 2002

JOINT MOTION for extension of non−dispositive motions deadline by parties (sl) (Entered: 04/18/2002)

PACER
45 April 19, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia granting joint motion until 6/3/02 to file non−dispositive motions [44−1] (cc: all counsel*) (sl) (Entered: 04/19/2002)

PACER
48 April 30, 2002

MOTION by defendant Brink's Incorporated for summary judgment (sl) (Entered: 06/05/2002)

PACER
46 May 17, 2002

UNOPPOSED MOTION by plaintiff to exceed page limitation for EEOC's response to deft's motion for summary judgment (sl) (Entered: 05/20/2002)

PACER
47 May 21, 2002

ORDER by District Judge M. C. Armijo granting pltf's motion to exceed page limitation for EEOC's response to deft's motion for summary judgment [46−1] (cc: all counsel) (sl) (Entered: 05/21/2002)

PACER
49 June 3, 2002

MEMORANDUM by defendant Brink's Incorporated in support of motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)

PACER
50 June 3, 2002

AFFIDAVIT of Derrick Moreau in support of motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)

PACER
51 June 3, 2002

APPENDIX filed by defendant Brink's Incorporated re memorandum in support of motion for summary judgment [49−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)

PACER
52 June 3, 2002

RESPONSE by plaintiff to deft's motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)

PACER
53 June 3, 2002

APPENDIX filed by plaintiff re response [52−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)

PACER
54 June 3, 2002

REPLY by defendant to pltf's response to motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)

PACER
55 June 3, 2002

APPENDIX filed by defendant re reply [54−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)

PACER
56 June 20, 2002

NOTICE by plaintiff of errata to response in opposition to deft's 4/30/02 motion for summary judgment (sl) (Entered: 06/20/2002)

PACER
58 July 3, 2002

MEMORANDUM by deft in support of motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)

PACER
59 July 3, 2002

DECLARATION of James Kellett in support of deft's memorandum of law in support of motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)

PACER
60 July 3, 2002

RESPONSE by pltf in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)

PACER
61 July 3, 2002

AFFIDAVIT of Loretta Medina in support of response in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [60−1] (bap) (Entered: 07/03/2002)

PACER
62 July 3, 2002

REPLY by deft to pltf's response in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)

PACER
63 July 3, 2002

MOTION by deft in limine to exclude pltf's use of evidence relating to events occurring after November 1999 (bap) (Entered: 07/03/2002)

PACER
64 July 3, 2002

MEMORANDUM of Law by deft in support of motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)

PACER
65 July 3, 2002

DECLARATION by James Kellett in support of defts memorandum of law in support of motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)

PACER
66 July 3, 2002

RESPONSE by pltf in opposition to deft's motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)

PACER
67 July 3, 2002

AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's [66−1], motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)

PACER
68 July 3, 2002

MOTION by pltf in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya (jrm) (Entered: 07/05/2002)

PACER
69 July 3, 2002

MEMORANDUM by pltf in support of mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
70 July 3, 2002

AFFIDAVIT of Loretta Medina re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
71 July 3, 2002

RESPONSE in opposition by deft to mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
72 July 3, 2002

DECLARATION by James E Kellett in support of deft's response in opposition re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
73 July 3, 2002

REPLY by pltf to response in opposition to mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
74 July 3, 2002

AFFIDAVIT of Loretta Medina in support of reply to deft's response in opposition re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)

PACER
75 July 3, 2002

MOTION by deft in limine to exclude hearsay testimony of Elizabeth Montoya at trial (bap) (Entered: 07/05/2002)

PACER
77 July 3, 2002

DECLARATION of James Kellett in support of deft's memorandum re motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)

PACER
78 July 3, 2002

RESPONSE by pltf in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)

PACER
79 July 3, 2002

AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)

PACER
80 July 3, 2002

REPLY by deft to pltf's response in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)

PACER
81 July 3, 2002

MOTION by deft in limine to exclude lay witness opinion testimony at trial (bap) (Entered: 07/05/2002)

PACER
82 July 3, 2002

MEMORANDUM of Law by deft in support of motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)

PACER
83 July 3, 2002

DECLARATION of James Kellett in support of deft's memorandum re motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)

PACER
84 July 3, 2002

RESPONSE by pltf in opposition to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)

PACER
85 July 3, 2002

AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)

PACER
86 July 3, 2002

REPLY by deft to pltf's response to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)

PACER
87 July 9, 2002

NOTICE of hearing before Judge M. Christina Armijo Pretrial conference set for 3/4/03 at 10:00 am ; Jury trial set for 4/15/03 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 07/10/2002)

PACER
88 Nov. 19, 2002

PRE−TRIAL ORDER by District Judge M. C. Armijo : (cc: all counsel) (jrm) (Entered: 11/19/2002)

PACER
89 Dec. 5, 2002

ORDER by District Judge M. C. Armijo of consent decree as described herein (cc: all counsel) (sl) (Entered: 12/06/2002)

PACER
90 Jan. 17, 2003

MINUTE ORDER: by Judge M. Christina Armijo dismissing case (cc: all counsel*) (sl) (Entered: 01/21/2003)

PACER

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of female worker alleging discrimination based on sex.

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

Private Entity/Person

Brink's Incorporated

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:01-cv-00473

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 58,750.00

Order Duration: 2002 - 2004

Issues

Discrimination Area:

Disparate Treatment

Promotion

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation