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)

Attorneys(s) for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

O'Neill, Mary Jo (Arizona)

Padegimas, Sandra (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Baldwin, Kimberly G. (New York)

Kellett, James E. (New York)

Vance, Claud Eugene (New Mexico)

Judge(s)

Armijo, M. Christina (New Mexico)

Attorneys(s) for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

O'Neill, Mary Jo (Arizona)

Padegimas, Sandra (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Baldwin, Kimberly G. (New York)

Kellett, James E. (New York)

Vance, Claud Eugene (New Mexico)

Documents in the Clearinghouse

Document

Docket

Jan. 17, 2003 Docket
1

Complaint

April 27, 2001 Complaint
2

Amended Complaint

May 10, 2001 Complaint
89

Consent Decree

Dec. 5, 2002 Settlement Agreement

Docket

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

Last updated May 20, 2022, 12:18 a.m.

ECF Number Description Date Link
1

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)

April 27, 2001
43

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)

April 1, 2002 RECAP
2

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

May 10, 2001
3

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

June 7, 2001
4

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

June 7, 2001
5

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

June 11, 2001
6

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)

June 27, 2001
7

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

July 5, 2001
8

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

July 25, 2001
9

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)

July 26, 2001
10

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)

July 30, 2001
11

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

Aug. 2, 2001
12

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

Aug. 14, 2001
19

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

Aug. 30, 2001
14

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)

Sept. 4, 2001
15

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)

Sept. 4, 2001
16

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)

Sept. 7, 2001
17

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)

Sept. 14, 2001
18

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)

Oct. 11, 2001
20

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

Oct. 26, 2001
21

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

Oct. 26, 2001
22

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

Oct. 26, 2001
23

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)

Nov. 2, 2001
24

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

Nov. 6, 2001
25

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

Nov. 27, 2001
26

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)

Dec. 13, 2001
27

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

Dec. 26, 2001
28

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)

Dec. 27, 2001
29

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)

Jan. 3, 2002
30

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

Jan. 22, 2002
31

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)

Jan. 23, 2002
35

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)

Feb. 12, 2002
32

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

Feb. 20, 2002
33

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)

March 7, 2002
36

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)

March 15, 2002
37

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)

March 15, 2002
38

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

March 15, 2002
39

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

March 15, 2002
40

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

March 15, 2002
41

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)

March 15, 2002
42

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

March 15, 2002
44

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

April 18, 2002
45

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)

April 19, 2002
48

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

April 30, 2002
46

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

May 17, 2002
47

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)

May 21, 2002
49

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

June 3, 2002
50

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

June 3, 2002
51

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)

June 3, 2002
52

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

June 3, 2002
53

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

June 3, 2002
54

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

June 3, 2002
55

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

June 3, 2002
56

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

June 20, 2002
58

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)

July 3, 2002
59

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)

July 3, 2002
60

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)

July 3, 2002
61

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)

July 3, 2002
62

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)

July 3, 2002
63

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

July 3, 2002
64

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)

July 3, 2002
65

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)

July 3, 2002
66

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)

July 3, 2002
67

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)

July 3, 2002
68

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

July 3, 2002
69

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)

July 3, 2002
70

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)

July 3, 2002
71

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)

July 3, 2002
72

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)

July 3, 2002
73

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)

July 3, 2002
74

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)

July 3, 2002
75

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

July 3, 2002
77

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)

July 3, 2002
78

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)

July 3, 2002
79

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)

July 3, 2002
80

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)

July 3, 2002
81

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

July 3, 2002
82

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)

July 3, 2002
83

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)

July 3, 2002
84

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)

July 3, 2002
85

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)

July 3, 2002
86

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)

July 3, 2002
87

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)

July 9, 2002
88

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

Nov. 19, 2002
89

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

Dec. 5, 2002
90

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

Jan. 17, 2003

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

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

Brink's Incorporated, Private Entity/Person

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

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: 58,750.00

Order Duration: 2002 - 2004

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits