Case: EEOC v. Circle S Stores Inc

1:04-cv-00716 | U.S. District Court for the District of New Mexico

Filed Date: June 24, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In June 2004, the Phoenix district office of the EEOC brought this Title VII suit against Circle S Stores, Inc. and Circle S Grocery, Inc. in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by refusing to hire them for cashier positions because of their sex (male). The case settled during a settlement conference, and the court entered the consent decree in December 2005. The parties filed an amended consent dec…

In June 2004, the Phoenix district office of the EEOC brought this Title VII suit against Circle S Stores, Inc. and Circle S Grocery, Inc. in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by refusing to hire them for cashier positions because of their sex (male). The case settled during a settlement conference, and the court entered the consent decree in December 2005. The parties filed an amended consent decree in February 2006.

The three year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $60,000, review and revise its anti-discrimination policies and procedures, use objective recruitment, place an advertisement in the Farmington newspaper that the defendant is an equal opportunity employer and announce job openings, provide Title VII training for all owners, managers, and other personnel with hiring responsibilities, distribute its anti-discrimination policy, post notice, give the EEOC reports every six months on compliance with the decree and the applicants for the cashier position, and allow the EEOC to have access to its premises to review compliance with the decree. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (7/26/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

1:04-cv-00716

Docket

EEOC v. Circle S Stores Inc, et al

Feb. 8, 2006

Feb. 8, 2006

Docket
1

1:04-cv-00716

Complaint

EEOC v. CIRCLE S STORES, INC., and CIRCLE S GROCERY, INC., d/b/a CIRCLE S GROCERY STORE

June 24, 2004

June 24, 2004

Complaint
35

1:04-cv-00716

Consent Decree

EEOC v. CIRCLE S STORES, INC., and CIRCLE S GROCERY, INC., d/b/a CIRCLE S GROCERY STORE

Dec. 5, 2005

Dec. 5, 2005

Settlement Agreement
36

1:04-cv-00716

Amended Consent Decree

EEOC v. CIRCLE S STORES, INC., and CIRCLE S GROCERY, INC., d/b/a CIRCLE S GROCERY STORE

Feb. 8, 2006

Feb. 8, 2006

Settlement Agreement

Resources

Docket

Last updated March 29, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Don J. Svet) (emr) Modified on 06/25/2004 (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) Modified on 06/25/2004 (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

2

NOTICE of refusal to consent to proceed before US Magistrate Judge by plaintiff (dmw) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

3

MINUTE ORDER: Case reassigned from Magistrate Judge Scott to District Judge William P. Johnson (cc: all counsel*) (dmw) (Entered: 07/02/2004)

July 2, 2004

July 2, 2004

SUMMONS issued to B.N. Strunk (dmw) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

4

ANSWER by defendants [1-1] (dmw) (Entered: 08/27/2004)

Aug. 26, 2004

Aug. 26, 2004

5

INITIAL SCHEDULING ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set on 11/17/04 @ 2:00 pm; provisional discovery plan & IPTR due 11/3/04 (cc: all counsel*) (dmw) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

6

PROVISIONAL DISCOVERY PLAN by the parties* (dmw) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

7

CERTIFICATE by defendants of service of Rule 26 initial disclosures to counsel on 11/17/04* (dmw) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

8

CLERK'S MINUTES: before Magistrate Judge Don J. Svet Rule 16 scheduling conference held (dmw) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

9

CERTIFICATE by plaintiff of service of initial disclosures to counsel on 11/17/04 (dmw) (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

10

INITIAL PRE-TRIAL REPORT by District Judge William P. Johnson and Magistrate Judge Don J. Svet; Discovery set for 4/18/05; mtn filing ddl set for 7/5/05; proposed pretrial order due 9/19/05; pretrial conference set for 9:00 am on 10/24/05; jury trial set for 9:00 am on 11/7/05; Estimated # Trial Days: 7-10; Chances of Settlement: cannot be fully evaluated prior to some preliminary discovery (cc: all counsel) (dmw) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

12

MOTION by defendants to extend discovery & motions deadlines (dmw) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

13

ORDER by Magistrate Judge Don J. Svet granting defts' unopposed motion to extend discovery & motions deadlines as described herein [12-1] Discovery cutoff 7/18/05 (cc: all counsel) (jrm) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

14

JOINT MOTION to extend pretrial deadlines (dmw) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

15

ORDER by Magistrate Judge Don J. Svet setting settlement conference on 11/1/05 @ 8:30 am (cc: all counsel*) (dmw) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

16

ORDER by Magistrate Judge Don J. Svet granting joint motion to extend pretrial deadlines [14-1] Discovery cutoff 10/28/05 ; Motion Filing cutoff 11/18/05 ; Pretrial order ddl 1/31/06 (cc: all counsel) (sl) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

17

NOTICE by counsel for defendants of unavailability from 10/1-16/05* (dmw) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

18

NOTICE by counsel for plaintiff of unavailability from 8/26-9/9/05* (dmw) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

19

CERTIFICATE by plaintiff of service of first request for production of documents to counsel on 8/25/05* (dmw) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

20

CERTIFICATE by plaintiff of service of second request for production of documents to counsel on 8/30/05* (dmw) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

21

OFFER of judgment filed by defts (jm) (Entered: 09/19/2005)

Sept. 16, 2005

Sept. 16, 2005

22

CERTIFICATE by defendants of service of first interrogatories & requests for production of documents to counsel on 9/21/05* (dmw) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

23

CERTIFICATE of Service by defendants of combined responses to first and second requests for production of documents, mailed to counsel on 9/29/05 (*) (bap) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

24

CERTIFICATE by plaintiff of service of second supplement to initial disclosures to counsel on 10/6/05* (dmw) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

25

ORDER by Magistrate Judge Don J. Svet vacating settlement conference set for 11/1/05 (cc: all counsel*) (sl) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

26

JOINT CONFIDENTIALITY STIPULATION (dmw) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

27

NOTICE by the parties of designation of Chief Magistrate Judge Garcia to conduct settlement conference (dmw) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

28

ORDER by Chief Magistrate Lorenzo F. Garcia setting settlement conference on 11/21/05 @ 9:00 am (cc: all counsel*) (dmw) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

29

CERTIFICATE by defendants of service of first supplemental combined responses to first & second requests for production of documents to counsel on 10/17/05* (dmw) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

31

CERTIFICATE of service by plaintiff of responses to defts' combined request for production to counsel on 10/27/05 (vv) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

32

CERTIFICATE of service by plaintiff of 3rd supplement to initial disclosures to counsel on 10/27/05 (vv) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

33

CERTIFICATE of service by plaintiff of responses to combined 1st interrogatories to counsel on 10/27/05 (vv) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

34

SETTLEMENT CONFERENCE held before Chief Magistrate Judge Garcia; case settled* (dmw) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

35

CONSENT JUDGMENT by District Judge William P. Johnson, as further described herein dismissing case (cc: all counsel) (dmw) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

36

AMENDED CONSENT DECREE by District Judge William P. Johnson, as further described herein (cc: all counsel) (dmw) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 24, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Circle S Grocery Inc. (Bloomfeld, NM and Farmington, NM), Private Entity/Person

Circl S Stores Inc. (Bloomfeld, NM and Farmington, NM), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

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: 60000

Order Duration: 2005 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits