Case: EEOC v. California Psychiatric Transitions, Inc.

1:06-cv-01251 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 13, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 13, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of female employees, filed a lawsuit in the Eastern District Court of California, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against California Psychiatric Transitions, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected female e…

On September 13, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of female employees, filed a lawsuit in the Eastern District Court of California, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against California Psychiatric Transitions, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected female employees to a sexually hostile work environment and/or constructively discharged some female employees in retaliation for engaging in protected activity under Title VII.

On July 31, 2009, the District Court (Judge Oliver W. Wanger) denied the defendant's motion for summary judgment regarding the plaintiff's prima facie case. On August 12, 2009, the District Court (Judge Wanger) granted the plaintiff's motion for partial summary judgment regarding satisfying the conditions precedent for a Title VII sexual harassment claim and also granted the defendant's motion for partial summary judgment regarding the plaintiff's failure to satisfy the conditions precedent for a Title VII constructive discharge claim.

On October 21, 2009, the District Court (Judge Oliver W. Wanger) entered a consent decree where the defendant, among other things, agreed to pay the female employees $145,000.

Summary Authors

Kevin Wilemon (5/22/2008)

Perry Miska (5/18/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5779499/parties/equal-employment-opportunity-commission-v-california-psychiatric/


Judge(s)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Cheung, Raymond T. (California)

Hernandez, Evangelina Patricia (California)

Johnson, Dana C. (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Truszkowski, Henry Charles (California)

Judge(s)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Cheung, Raymond T. (California)

Hernandez, Evangelina Patricia (California)

Johnson, Dana C. (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Truszkowski, Henry Charles (California)

Documents in the Clearinghouse

Document

Docket

EEOC v. California Psychiatric Transitions Inc

Oct. 21, 2009 Docket
1

Complaint

EEOC v. California Psychiatric Transitions Inc

Sept. 13, 2006 Complaint
72

Order Denying Defendant's Motion for Summary Judgment

644 F.Supp.2d 1249

July 31, 2009 Order/Opinion
74

Order granting in part and denying in part plaintiff's motion for partial summary judgment

Aug. 12, 2009 Order/Opinion
107

Consent Decree

Oct. 21, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5779499/equal-employment-opportunity-commission-v-california-psychiatric/

Last updated May 20, 2022, 12:19 a.m.

ECF Number Description Date Link
22

ORDER re Plaintiff EEOC's Motion and Application to Vacate the Current Scheduling Order and Reset Deadlines to a Later Date. Non-Dispositive Motions curretnly due 4/15/2008 are now due by 10/15/2008. Non Dispositive Motion Hearing has been re-s et to 11/21/2008 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Dispositive Motions currently due 4/30/2008 are now due by 10/30/2008. Dispositive Motion Hearing currently set for 6/2/2008 has been re-set to 12/1/2008 at 10 :00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Settlement Conference currently set for 5/7/2008 has been re-set to 11/12/2008 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Pretrial Conference currently set for 7/14/2008 has been re-set for 1/5/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial currently set for 8/28/2008 has been re-set to 2/18/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 2/22/2008. (Timken, A)

Feb. 22, 2008 RECAP
1

COMPLAINT against California Psychiatric Transitions, Inc. by Equal Employment Opportunity Commission. Attorney Hernandez, Evangelina Patricia added.(Hernandez, Evangelina) (Entered: 09/13/2006)

Sept. 13, 2006
27

ORDER ON STIPULATION To Modify And Reset Certain Scheduling Order Dates, Trial Date: 8/26/08, signed by Judge Oliver W. Wanger on 9/18/2008. (Expert Disclosure: 9/15/2008, Non-Expert Discovery: 11/1/2008, Supplemental Expert Disclosure: 10/15/2008) (Scrivner, E)

Sept. 22, 2008 RECAP
2

CIVIL COVER SHEET by Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 09/13/2006)

Sept. 13, 2006
3

SUMMONS ISSUED as to *California Psychiatric Transitions, Inc.* with answer to complaint due within *20* days. Attorney *Evangelina Patricia Hernandez* *U.S. Equal Employment Opportunity Commission* *350 The Embarcadero, Sutie 500* *San Francisco, CA 94105*. (Lundstrom, T) (Entered: 09/13/2006)

Sept. 13, 2006
30

STIPULATION and ORDER to modify and reset certain Scheduling Dates signed by Judge Oliver W. Wanger on 10/8/2008. Supplemental Designation of Expert Witnesses due by 10/30/2008. Discovery due by 12/12/2008. Non-Dispositive Motions due by 12/29/200 8; In Court Hearing set for 2/6/2009 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Dispositive Motion due by 1/13/2009; In Court Hearing set for 2/23/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Se ttlement Conference set for 12/3/2008 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Pretrial Conference set for 3/23/2009 at 11:00 AM in Courtroom 3(OWW) before Judge Oliver W. Wanger. Jury Trial set for 4/28/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.(Lundstrom, T)

Oct. 9, 2008 RECAP
4

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/30/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Magistrate Standing Order # 2 Consent Forms) (Lundstrom, T) (Entered: 09/13/2006)

Sept. 13, 2006
34

STIPULATION and ORDER to Modify and Reset Certain Scheduling Order Dates signed by Judge Oliver W. Wanger on 12/05/2008. Non-Expert Discovery Deadline due by 2/27/2009; Supplemental Expert Disclousre due by 3/13/2009; Expert Depositions due by 3/27/2 009; Non-Dispositive Motions due by 3/20/2009; Dispositive Motion due by 5/4/2009; Hearing on Dispositive Motions set for 6/1/2009 at 10:00 AM in Courtroom 3 before Judge Oliver W. Wanger; Jury Trial set for 8/4/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Hearing on Non-Dispositive Motions set for 4/17/2009 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin; Pretrial Conference set for 6/29/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Flores, E)

Dec. 9, 2008 RECAP
5

STIPULATION FOR EXTENSION OF TIME FOR FILING RESPONSIVE PLEADING by California Psychiatric Transitions, Inc.. Attorney Truszkowski, Henry Charles added. (Truszkowski, Henry) (Entered: 11/21/2006)

Nov. 21, 2006
36

ORDER ON STIPULATION TO MODIFY AND RESET CERTAIN SCHEDULING ORDER DATES, signed by Judge Oliver W. Wanger on 2/13/2009. (Deadline for expert depositions: 4/17/2009, Supplemental Expert Disclosure: 4/3/2009, Non-Expert Discovery Deadline: 4/3/2009, Non-Dispositive Motions Filing: 5/4/2009, Hearing on Non-Dispositive Motions: 5/29/2009 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin) (Scrivner, E)

Feb. 18, 2009 RECAP
6

ANSWER to COMPLAINT with Jury Demand by California Psychiatric Transitions, Inc..(Truszkowski, Henry) (Entered: 12/11/2006)

Dec. 11, 2006
49

STIPULATION and ORDER GRANTING the continuance of the pretrial and trial dates as follows: Jury Trial currently set for 8/4/2009 is CONTINUED to 10/20/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference currently set for 7/6/2009 is CONTINUED to 8/31/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 5/11/2009. (Rooney, M)

May 13, 2009 RECAP
51

ORDER on Stipulation to Continue Hearing on Discovery Disagreements signed by Magistrate Judge Gary S. Austin on 5/22/2009. Motion Hearing CONTINUED TO 6/5/2009 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

May 22, 2009 RECAP
7

JOINT SCHEDULING REPORT by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/23/2007)

Jan. 23, 2007
8

TEXT MESSAGE ONLY: CLERK'S NOTICE addressed to Attorneys Evangelina Hernandez and Henry Truszkowski in re Joint Case Management Conference Statement and Proposed Order, document 7 − The aforementioned document references a "proposed order." The document should be filed with the event Proposed Order or Stipulation and Proposed Order. Additionally, Local Rule 5−137(b) requires that you email the proposed order in word processing format to the appropriateJudge. Please refer to "E−Mail Addresses for Proposed Orders" on our website (please disregard if you have emailed your document to the judge). (Rooney, M) (Entered: 01/24/2007)

Jan. 24, 2007
64

ORDER Regarding Discovery Disagreements 38 52 signed by Magistrate Judge Gary S. Austin on 6/18/2009. (Esteves, C)

June 18, 2009 RECAP
9

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : SCHEDULING CONFERENCE held on 1/30/2007. Court to issue scheduling order. Plaintiffs Counsel E. Hernandez present. Defendants Counsel H. Truszkowski present. Court Reporter/CD Number: None. (Lucas, G) (Entered: 01/31/2007)

Jan. 30, 2007
70

Stipulation and PROTECTIVE ORDER signed by Magistrate Judge Gary S. Austin on 6/26/2009. (Esteves, C)

June 26, 2009 RECAP
72

MEMORANDUM DECISION Re Plaintiff EEOC'S Motion For Summary Adjudication (Doc. 37 ) And Defendant California Psychiatric Transitions, Inc.'s Motion For Summary Adjudication (Doc. 40 ), signed by Judge Oliver W. Wanger on 7/31/2009. Plaintiff shall submit a form of order consistent with this memorandum decision within five (5) days of electronic service. (Filing Deadline: 8/11/2009) (Scrivner, E)

Aug. 4, 2009 RECAP
10

SCHEDULING CONFERENCE ORDER: Discovery due by 4/1/2008. Non−Dispositive Motions due by 4/15/2008. Dispositive Motion due by 4/30/2008. Settlement Conference set for 5/7/2008 at 09:00 AM in Courtroom 8 (LJO) before Magistrate Judge Lawrence J. O'Neill. Pretrial Conference set for 7/14/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 8/28/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 1/31/07. (Kusamura, W) (Entered: 02/02/2007)

Feb. 2, 2007
74

ORDER Re The EEOC's Motion For Partial Summary Judgment On Conditions Precedent And California Psychiatric Transitions, Inc.'s Motion For Summary Adjudication 37 , signed by Judge Oliver W. Wanger on 8/12/2009. (Scrivner, E)

Aug. 13, 2009 RECAP
11

NOTICE OF TEMPORARY ASSIGNMENT notifying parties that due to the elevation of Magistrate Judge Lawrence J. O'Neill, this action is temporarily reassigned to Magistrate Judge Theresa A. Goldner. (Gil−Garcia, A) (Entered: 02/27/2007)

Feb. 27, 2007
103

ORDER Granting Plaintiff EEOC's Ex Parte Motion to File its Motion in Limine No. 4 to Exclude Evidence of any Charging Parties' or Claimants' Past Sexual Behavior or Sexual Predisposition pursuant to F.R.E. 412 UNDER SEAL, signed by Judge Oliver W. Wanger on 9/16/09. (Verduzco, M)

Sept. 16, 2009 RECAP
12

MINUTE ORDER (Text Only) as approved by Magistrate Judge Goldner: the SETTLEMENT CONFERENCE on 5/7/2008 before Judge O'Neill is VACATED. Parties are to contact Magistrate Judge Goldner's Courtroom Deputy Clerk Alan Leon−Guerrero at (661) 326−6620 for a new Settlement Conference date.(Leon Guerrero, A) (Entered: 02/28/2007)

Feb. 28, 2007
13

MINUTE ORDER (Text Only) re 12 . A Settlement Conference in this case has been set for 8/2/2007 at 10:30 AM in Courtroom 8 (TAG) before Magistrate Judge Theresa A. Goldner. (Leon Guerrero, A) (Entered: 03/08/2007)

March 8, 2007
107

CONSENT DECREE signed by Judge Oliver W. Wanger on 10/19/2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kusamura, W)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 21, 2009 RECAP
15

MOTION to VACATE by Equal Employment Opportunity Commission.Motion Hearing set for 1/23/2009 at 09:00 AM in Courtroom 7 before Judge Oliver W. Wanger. (Attachments: # 1 Declaration Evangelina Hernandez# 2 Proposed Order)(Hernandez, Evangelina) (Entered: 12/18/2007)

Dec. 18, 2007
16

MINUTE ORDER: ***TEXT ONLY ENTRY*** The docket indicates that you docketed a proposed order, 15 , however you failed to also send it toJudge Wangers order box so it could actually be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Timken, A) (Entered: 12/19/2007)

Dec. 19, 2007
17

NOTICE by Equal Employment Opportunity Commission re 15 MOTION to VACATE. OF HEARING ON MOTION FOR JAN. 28, 2008 (Hernandez, Evangelina) (Entered: 01/08/2008)

Jan. 8, 2008
18

SUBSTITUTION of ATTORNEY − PROPOSED, submitted by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/10/2008)

Jan. 10, 2008
19

MINUTE ORDER: ***TEXT ONLY ENTRY*** The hearing re 17 does not comply with the local rules. Please re−set this motion pursuant to Local Rule 78−230, or file a stipulation and proposed order with an agreed upon date for this motion to be heard. The hearing date of 1/28/2008 has been vacated. (Timken, A) (Entered: 01/11/2008)

Jan. 11, 2008
20

MOTION to VACATE Scheduling Order and Reset Dates to Later Date by Equal Employment Opportunity Commission. Motion Hearing set for 2/25/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration Evangelina Hernandez, # 2 Proposed Order)(Hernandez, Evangelina) (Entered: 01/21/2008)

Jan. 21, 2008
21

STATEMENT of NON−OPPOSITION to MOTION. to Vacate the Current Scheduling Order and Reset Deadlines to a Later Date (Truszkowski, Henry) (Entered: 02/15/2008)

Feb. 15, 2008
23

MINUTE ORDER: ***TEXT ONLY ENTRY*** As a statement of non opposition 21 was filed regarding the motion to vacate the currently schedule 20 , and the Court has signed the order, the hearing re the motion to vacate currently set for 2/25/2008 has been vacated. (Timken, A) (Entered: 02/22/2008)

Feb. 22, 2008
24

MINUTE ORDER (TEXT ONLY ENTRY): Settlement Conference currently set for 11/12/2008 WILL BE HEARD AT 10:30 AM (instead of 9:00 a.m. − TIME CHANGE ONLY) in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Vasquez, J) (Entered: 02/26/2008)

Feb. 26, 2008
25

STIPULATION and PROPOSED ORDER Stipulation by California Psychiatric Transitions, Inc.. (Attachments: # 1 Proposed Order)(Truszkowski, Henry) (Entered: 07/30/2008)

July 30, 2008
28

NOTICE of RELATED CASE 1:08−cv−1478 by Equal Employment Opportunity Commission. (Johnson, Dana) (Entered: 10/07/2008)

Oct. 7, 2008
29

STIPULATION and PROPOSED ORDER by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Dana C. Johnson in Support of the Stipulation to Modify and Reset Certain Scheduling Order Dates)(Johnson, Dana) (Entered: 10/07/2008)

Oct. 7, 2008
31

MINUTE ORDER (TEXT ONLY): The Settlement Conference currently set for 12/3/2008 at 9:00 AM HAS BEEN CONTINUED to 12/3/2008 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. ***Time change ONLY.*** (Esteves, C) (Entered: 11/19/2008)

Nov. 19, 2008
32

STIPULATION and PROPOSED ORDER for Modifying and Resetting Certain Scheduling Order Dates by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Dana C. Johnson in Support of the Stipulation to Modify and Reset Certain Scheduling Order Dates)(Johnson, Dana) (Entered: 12/02/2008)

Dec. 2, 2008
33

MINUTES (Text Only) for proceedings held before Magistrate Judge Gary S. Austin: SETTLEMENT CONFERENCE on 12/3/2008 − Case DID NOT settle. Plaintiffs Counsel Dana Johnson and William Tamayo present. Defendants Counsel Henry Truszkowski and Stephen Hewitt present. (Esteves, C) (Entered: 12/04/2008)

Dec. 3, 2008
35

STIPULATION and PROPOSED ORDER for Extension of Deadlines by Equal Employment Opportunity Commission. (Attachments: # 1 [Proposed] Order, # 2 Declaration of Dana C. Johnson)(Johnson, Dana) (Entered: 02/13/2009)

Feb. 13, 2009

SERVICE BY MAIL: 36 Stipulation and Order, served on Equal Employment Opportunity Commission. (Scrivner, E) (Entered: 02/18/2009)

Feb. 18, 2009
37

MOTION for SUMMARY JUDGMENT by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of the EEOC Custodian of Records, # 2 Exhibit 1−9, # 3 Statement of Undisputed Facts, # 4 Stip to File Under Seal)(Johnson, Dana) (Entered: 05/04/2009)

May 4, 2009
38

MOTION for DISCOVERY by Equal Employment Opportunity Commission. Motion Hearing set for 5/29/2009 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Johnson, Dana) (Entered: 05/04/2009)

May 4, 2009
39

STATEMENT of Undisputed Facts (Amended) re EEOC Motion for Partial Summary Judgment on Conditions Precedent by Plaintiff Equal Employment Opportunity Commission re 37 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit 10, # 2 Declaration of Dana C. Johnson In Support of the EEOC's Motion for Partial Summary Judgment on Conditions Precedent)(Johnson, Dana) (Entered: 05/04/2009)

May 4, 2009
40

MOTION for SUMMARY JUDGMENT by California Psychiatric Transitions, Inc.. Motion Hearing set for 6/1/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered: 05/04/2009)

May 4, 2009
41

DECLARATION of James T. Drayton in Support of 40 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Truszkowski, Henry) (Entered: 05/04/2009)

May 4, 2009
42

DECLARATION of Henry C. Truszkowski in Support of 40 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Truszkowski, Henry) (Entered: 05/04/2009)

May 4, 2009
43

STATEMENT by Defendant California Psychiatric Transitions, Inc. re 40 MOTION for SUMMARY JUDGMENT. (Truszkowski, Henry) (Entered: 05/04/2009)

May 4, 2009
44

MINUTE ORDER: (TEXT ENTRY ONLY) As Judge Wanger only allows six motions to be set on his civil calendar at a given time, and the civil calendar for 6/1/2009 is full, Defendant's Motion for Summary Judgment, document 40 , currently noticed to be heard on that date, has been CONTINUED to 7/20/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, to be heard with plaintiff's motion re same. ALSO, both counsel are reminded of Local Rule 5−133(f) which requires that when any document which has been electronically filed exceeds 25 pages, counsel must submit a courtesy copy to chambers which is properly tabbed and fastened. (Rooney, M) (Entered: 05/05/2009)

May 5, 2009
45

MINUTE ORDER: (TEXT ENTRY ONLY) In connection with the Minute Order of yesterday, docket entry 44 , moving the summary judgment motions to 7/20/2009 − PLEASE DISREGARD/CLERICAL ERROR − both parties' motions will be heard on 6/1/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Rooney, M) (Entered: 05/06/2009)

May 6, 2009
46

MINUTE ORDER: (TEXT ENTRY ONLY) To allow the Court to properly prepare for oral argument and, in the interest of judicial economy, the cross−motions for summary judgment originally set for 6/1/2009 and 7/20/2009, documents 37 40 , currently set for 6/1/2009, are again moved and will now be set for hearing on 6/29/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Rooney, M) (Entered: 05/06/2009)

May 6, 2009
47

MINUTE ORDER: (TEXT ENTRY ONLY) As the motions for summary judgment have been set for 6/29/2009, the pretrial conference currently set for the same day, has been CONTINUED to 7/6/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Rooney, M) (Entered: 05/06/2009)

May 6, 2009

SERVICE BY MAIL: 47 Minute Order served on Equal Employment Opportunity Commission. (Rooney, M) (Entered: 05/06/2009)

May 6, 2009
48

STIPULATION and PROPOSED ORDER for resetting Pre−Trial Conference and Trial Dates by Equal Employment Opportunity Commission. (Johnson, Dana) (Entered: 05/08/2009)

May 8, 2009
50

STIPULATION To Continue Hearing on Discovery Disagreements; Declaration of Henry C. Truszkowski by California Psychiatric Transitions, Inc.. (Truszkowski, Henry) (Entered: 05/21/2009)

May 21, 2009
52

MOTION for DISCOVERY Orders re Defendant's Financial Condition, Depositions of EEOC Investigator and 30(b)(6) Designee, and Claimant's Medical Records by Equal Employment Opportunity Commission. Motion Hearing set for 6/5/2009 at 09:00 AM before Magistrate Judge Gary S. Austin. (Attachments: # 1 Declaration of Dana Johnson for the Plaintiff EEOC, # 2 Declaration of Evangelina Hernandez in support of Plaintiff EEOC, # 3 Declaration of Malinda Tuazon in support of Plaintiff EEOC, # 4 Exhibit A of EEOC, # 5 Exhibit B of EEOC, # 6 Exhibit C of EEOC, # 7 Exhibit D of EEOC, # 8 Declaration of Henry Truszkowski in support of Defendant California Psychiatric Transitions, # 9 Exhibit A of Defendant CPT, # 10 Exhibit B of Defendant CPT, # 11 Exhibit C of Defendant CPT, # 12 Exhibit D of Defendant CPT, # 13 Exhibit E of Defendant CPT, # 14 Exhibit F of Defendant CPT, # 15 Exhibit G of Defendant CPT, # 16 Exhibit H of Defendant CPT, # 17 Exhibit I of Defendant CPT)(Johnson, Dana) (Entered: 06/02/2009)

June 2, 2009
53

MINUTES (Text Only) for proceedings held before Magistrate Judge Gary S. Austin: MOTION HEARING HELD and ARGUED on 6/5/2009 re Plaintiff's 52 Motion For Discovery. COURT TAKES MATTER UNDER ADVISEMENT. Order to follow. Plaintiffs Counsel Dana Johnson present. Defendants Counsel Henry Truszkowski present. (Esteves, C) (Entered: 06/05/2009)

June 5, 2009
54

OPPOSITION by Equal Employment Opportunity Commission to 40 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Statement of Disputed Facts, # 2 Statement of Response to Defendant's Statement of Undisputed Facts)(Johnson, Dana) (Entered: 06/12/2009)

June 12, 2009
55

OPPOSITION by Equal Employment Opportunity Commission to 40 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A part 2, # 2 Exhibit A part 3, # 3 Exhibit A part 4, # 4 Exhibit A part 5, # 5 Exhibit A part 6, # 6 Exhibit A part 7, # 7 Declaration of the EEOC Custodian of Records, # 8 Declaration of Dana Johnson)(Johnson, Dana) (Entered: 06/12/2009)

June 12, 2009
56

EXHIBIT G part 2 through O in support of EEOC's opposition re 40 MOTION for SUMMARY JUDGMENT filed by California Psychiatric Transitions, Inc.. (Attachments: # 1 Exhibit G part 3, # 2 Exhibit H and I, # 3 Exhibit J through N, # 4 Exhibit O)(Johnson, Dana) (Entered: 06/12/2009)

June 12, 2009
57

EXHIBIT P and Q in support of the EEOC's opposition re 40 MOTION for SUMMARY JUDGMENT filed by California Psychiatric Transitions, Inc.. (Attachments: # 1 Exhibit P part 2, # 2 Exhibit P part 3, # 3 Exhibit Q)(Johnson, Dana) (Entered: 06/12/2009)

June 12, 2009
58

NOTICE of APPEARANCE by Raymond T. Cheung, GOVT on behalf of Equal Employment Opportunity Commission. Attorney Cheung, Raymond T. added. (Cheung, Raymond) (Entered: 06/15/2009)

June 15, 2009
59

OPPOSITION by California Psychiatric Transitions, Inc.. (Truszkowski, Henry) (Entered: 06/15/2009)

June 15, 2009
60

REPLY/RESPONSE to Plaintiff EEOC's Amended Statement of Undisputed Facts in Support of Its Motion for Partial Summary Judgment on the Issue of Conditions Precedent and Additional Undisputed Material Facts by California Psychiatric Transitions, Inc. re 59 Opposition to Motion. (Truszkowski, Henry) (Entered: 06/15/2009)

June 15, 2009
61

OBJECTIONS by Defendant California Psychiatric Transitions, Inc. to 60 Reply/Response, 59 Opposition to Motion. (Truszkowski, Henry) (Entered: 06/15/2009)

June 15, 2009
62

DECLARATION of Henry C. Truszkowski re 61 Objections, 60 Reply/Response, 59 Opposition to Motion. (Attachments: # 1 Exhibit J, # 2 Exhibit K)(Truszkowski, Henry) (Entered: 06/15/2009)

June 15, 2009
63

NOTICE Errata: Table of Authorities in EEOC's Opposition by Equal Employment Opportunity Commission re 40 MOTION for SUMMARY JUDGMENT. (Johnson, Dana) (Entered: 06/17/2009)

June 17, 2009
65

REPLY by Equal Employment Opportunity Commission to RESPONSE to 37 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Statement by EEOC in Response to Defendant's Statement of Additional Disputed Facts)(Johnson, Dana) (Entered: 06/19/2009)

June 19, 2009
66

REPLY/RESPONSE to in support of Def. California Psychiatric Transitions, Inc.'s Motion for partial Summary Judgment/Adjudication by California Psychiatric Transitions, Inc.. (Truszkowski, Henry) (Entered: 06/22/2009)

June 22, 2009
67

REPLY/RESPONSE to of Def. California Psychiatric Transitions, Inc. to EEOC's Statement of Disputed Facts by California Psychiatric Transitions, Inc.. (Truszkowski, Henry) (Entered: 06/22/2009)

June 22, 2009
68

OBJECTIONS by Defendant California Psychiatric Transitions, Inc.. (Attachments: # 1 Exhibit L, # 2 Exhibit M)(Truszkowski, Henry) (Entered: 06/22/2009)

June 22, 2009
69

STIPULATION and PROPOSED ORDER for Protective Order re 64 Order on Motion for Discovery, by Equal Employment Opportunity Commission. (Johnson, Dana) (Entered: 06/25/2009)

June 25, 2009
71

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: Plaintiff's and Defendant's Motions for Summary Judgment hearing held on 6/29/2009, documents 37 40 − motions argued/submitted − court to issue ruling. Plaintiff's Counsel D. Johnson present. Defendant's Counsel H. Truszkowski present. Court Reporter/CD Number: ECRO. (Rooney, M) (Entered: 06/29/2009)

June 29, 2009
73

PROPOSED ORDER by Equal Employment Opportunity Commission. (Johnson, Dana) (Entered: 08/12/2009)

Aug. 12, 2009
75

PRETRIAL STATEMENT by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A: EEOC's list of trial exhibits, # 2 Exhibit B: CPT's list of trial exhibits)(Johnson, Dana) (Entered: 08/24/2009)

Aug. 24, 2009
76

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: PRETRIAL CONFERENCE held on 8/31/2009. Motions in Limine Schedule set as follows: Motions by 9/15/2009 and Opposition due by 9/29/2009. Motion in Limine Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel D. Johnson and R. Cheung present. Defendants Counsel H. Truszkowski present. (Gaumnitz, R) (Entered: 09/02/2009)

Aug. 31, 2009
77

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 75 Pretrial Statement. (Johnson, Dana) (Entered: 09/03/2009)

Sept. 3, 2009
78

AMENDED DOCUMENT by California Psychiatric Transitions, Inc.. Amendment to 75 Pretrial Statement. (Truszkowski, Henry) (Entered: 09/04/2009)

Sept. 4, 2009
79

FINAL PRETRIAL ORDER signed by Judge Oliver W. Wanger on 09/04/2009. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 10/20/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Flores, E) (Entered: 09/09/2009)

Sept. 9, 2009

SERVICE BY MAIL: 79 Pretrial Order served on Equal Employment Opportunity Commission. (Flores, E) (Entered: 09/09/2009)

Sept. 9, 2009
80

MOTION IN LIMINE TO BIFURCATE by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered: 09/15/2009)

Sept. 15, 2009
81

MOTION IN LIMINE TO EXCLUDE EVIDENCE OF SETTLEMENT DISCUSSIONS AND RELATED DOCUMENTS by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered: 09/15/2009)

Sept. 15, 2009
82

MOTION IN LIMINE REGARDING NET WORTH by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered: 09/15/2009)

Sept. 15, 2009
83

MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM RAISING OR ASSERT EVIDENCE OF OTHER CLAIM AND LAWSUITS by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered: 09/15/2009)

Sept. 15, 2009
84

MOTION IN LIMINE TO BAR TESTIMONY AND EVIDENCE REGARDING CLAIMAINT MARIEL SOMERA'S CHARGE OF DISCRIMINATION AND THE EEOC'S DETERMINATION OF PROBABLE CAUSE by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Truszkowski, Henry) (Entered:

Sept. 15, 2009
86

MOTION IN LIMINE No 1 To Exclude Expert Testimony by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Proposed Order, # 3 Appendix Table of contents/authorities to MIL 1, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
87

MOTION IN LIMINE TO BAR TESTIMONY AND EVIDENCE REGARDING PUTATIVE CLAIMANT AMY KOONS by California Psychiatric Transitions, Inc.. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Employee Contact List, # 2 May 15, 2007 Correspondence)(Truszkowski, Henry) (Entered: 09/15/2009)

Sept. 15, 2009
88

MOTION IN LIMINE No. 2 to exclude testimony of or statement by Ron Riveira by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A through E, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
89

MOTION IN LIMINE No 3 to exclude evidence of the inadequacy or bias of the EEOC's administrative investigation by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A and B, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
90

MOTION IN LIMINE No. 5 to bar mention of the statutory cap by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
91

MOTION IN LIMINE No. 6 to bar evidence of application for or receipt of unemployment or workers' comp. benefits by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
92

MOTION IN LIMINE No. 7 to bar evidence that Sherry Wall yelled at or was abusive to patients by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A and B, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
93

MOTION IN LIMINE No. 8 to bar John Hackett's testimony that Sherry Wall lied about the purpose of a trip to New York by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A through C, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
94

MOTION IN LIMINE No. 9 to bar use of documents not produced during the discovery phase of litigation by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
95

MOTION IN LIMINE No. 10 to preclude evidence of employers prior and subsequent to CPT by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
96

MOTION IN LIMINE No. 11 to bar use of EEOC 20−22 by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
97

MOTION IN LIMINE No. 12 to bar speculative testimony of Robert Rice about Renee Addison by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009
98

MOTION IN LIMINE No. 13 to bar evidence that Renee Addison withheld medication from patients by Equal Employment Opportunity Commission. Motion Hearing set for 10/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Declaration of Dana Johnson, # 2 Exhibit A, # 3 Proposed Order)(Johnson, Dana) (Entered: 09/15/2009)

Sept. 15, 2009

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 13, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of female employees who were subjected to a sexually hostile work environment and/or discharged in retaliation for engaging in protected activity under Title VII.

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

California Psychiatric Transitions, Inc. (Merced County, CA), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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: 145,000

Order Duration: 2009 - 2012

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits