Case: EEOC v. SOUTHWEST SUPERMARKETS, INC.

2:97-cv-01940 | U.S. District Court for the District of Arizona

Filed Date: Sept. 18, 1997

Closed Date: Nov. 5, 2000

Clearinghouse coding complete

Case Summary

The Phoenix office of the EEOC brought this action in the U.S. District Court for the District of Arizona, against Southwest Supermarkets, Inc. The complaint, filed in September 1997, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that a class of women had been subjected to sexual harassment.

The parties entered into a consent decree in November 1998. The defendant was required to pay a total of $1,000,000.00 to the class of female employees. Of that money, $800,000 was to be paid to current class members, while $200,000 would be placed in escrow for future claimants. The consent decree, in effect for two years, also prohibited defendant from participating in discrimination or retaliation. Defendant is additionally required to post a notice of rights and provide training for two years to all of its employees.

Summary Authors

Jason Chester (7/18/2007)

Documents in the Clearinghouse

Document

2:97-cv-01940

Docket (PACER)

EEOC v. Southwest Supermarkets, Inc.

Nov. 5, 1998

Nov. 5, 1998

Docket
212

2:97-cv-01940

Consent Decree

EEOC v. Southwest Supermarkets, Inc.

Nov. 5, 1998

Nov. 5, 1998

Settlement Agreement

Combined Annual Reports Fiscal Years 1999-2001

Equal Employment Opportunity Commission v. Southwest Supermarkets, Inc.

No Court

Nov. 25, 2002

Nov. 25, 2002

Press Release

Resources

Docket

Last updated Aug. 10, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 09/27/1997)

Sept. 18, 1997

Sept. 18, 1997

2

ORDER SETTING SCHEDULING CONFERENCE by Judge Paul G. Rosenblatt ; prel scheduling conf set for 1:30 2/23/98 (cc: all counsel) (MAP) (Entered: 10/17/1997)

Oct. 17, 1997

Oct. 17, 1997

3

RETURN OF SERVICE EXECUTED summons & complaint upon dft SW Supermarkets LLC on 10/16/97 (former emp) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

4

RETURN OF SERVICE EXECUTED summons & complaint upon dft SW Supermarkets Ltd on 10/16/97 (former emp) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

5

STIPULATION for extension of time to answer (MAP) (Entered: 11/19/1997)

Nov. 17, 1997

Nov. 17, 1997

6

NOTICE by pla EEOC to the Court of Svc of Pltf EEOC's 1st req for admissions, 1st set of non-unfrm intrrgs and 1st req for production of docs (MAP) (Entered: 11/19/1997)

Nov. 18, 1997

Nov. 18, 1997

7

ORDER by Judge Paul G. Rosenblatt granting stipulation that Dfts shl hv thru 12/1/97 to answer the cmp (cc: all counsel) (MAP) (Entered: 11/19/1997)

Nov. 19, 1997

Nov. 19, 1997

8

NOTICE by pla EEOC of service of court's order setting scheduling conference (TCA) (Entered: 11/28/1997)

Nov. 28, 1997

Nov. 28, 1997

9

ANSWER by Southwest Super, SW Supermarkets LLC, SW Supermarkets Ltd (MAP) (Entered: 12/02/1997)

Dec. 1, 1997

Dec. 1, 1997

10

STIPULATION for Substitution of Counsel for Dfts (Rebecca Winterscheidt of Snell & Wilmer in place of Streich Lang) (MAP) (Entered: 12/11/1997)

Dec. 10, 1997

Dec. 10, 1997

11

STIPULATION by all parties for extension of time to respond to plas requests for admissions requests for production and interrogatories (TCA) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

12

ORDER by Judge Paul G. Rosenblatt granting stipulation that Dfts shl hv thru 1/12/98 to resp to Pltf's req for admissions, req for production, and intrrgs (cc: all counsel) (MAP) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

13

ORDER by Judge Paul G. Rosenblatt granting stipulation substituting attorney Rebecca Winterscheidt for attys Mary Jo Foster and Charles L Fine for SW Supermarkets Ltd, SW Supermarkets LLC, and Southwest Super (cc: all counsel) (MAP) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

14

FIRST AMENDED ANSWER to [9-1] by dft Southwest Super, dft SW Supermarkets LLC, dft SW Supermarkets Ltd (TCA) (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

15

NOTICE by dft of Service of Discovery (MAP) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

16

NOTICE by dfts (all) of Service of Discovery (MAP) (Entered: 01/26/1998)

Jan. 23, 1998

Jan. 23, 1998

17

NOTICE by dfts (all) of Service of Dfts' Initial Rule 26(A) Disclosure Stmt (MAP) (Entered: 01/26/1998)

Jan. 23, 1998

Jan. 23, 1998

18

NOTICE by pla EEOC to the Court of Initial Rule 26 Disclosures (MAP) (Entered: 01/27/1998)

Jan. 26, 1998

Jan. 26, 1998

19

JOINT CASE MANAGEMENT Report (MAP) (Entered: 02/19/1998)

Feb. 17, 1998

Feb. 17, 1998

20

MINUTE ENTRY Judge Inits: PGR Crt Rptr: VICKI REGER Scheduling conference held. The Court will enter its scheduling order. [20-2] (MI) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

21

SCHEDULING ORDER by Judge Paul G. Rosenblatt ; discovery due 9/30/98 ; dispositive motions due 11/2/98 ; pretrial order due 12/15/98 ; Pretrial conference set for 4:00 1/25/99 (cc: all counsel) (MAP) (Entered: 02/27/1998)

Feb. 27, 1998

Feb. 27, 1998

22

MOTION to compel discovery by pla EEOC [22-1] (MAP) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

23

MEMORANDUM IN SUPPORT by pla EEOC of motion to compel discovery by pla EEOC [22-1] (MAP) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

24

AFFIDAVIT of Lauren Eiler in support of motion to compel discovery by pla EEOC [22-1] (MAP) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

25

MOTION (REQUEST) for expedited briefing sched and hearing re motion to compel discovery by pla EEOC [22-1] by pla EEOC [25-1] (MAP) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

26

ORDER by Judge Paul G. Rosenblatt granting motion for expedited briefing sched and hearing re motion to compel discovery by pla EEOC [22-1] by pla EEOC [25-1] FO Dfts shl file their responsive brief by 3/27/98; reply due 4/1/98 FO setting motion to compel discovery by pla EEOC [22-1] at 2:00 4/6/98 (cc: all counsel) (MAP) (Entered: 03/25/1998)

March 25, 1998

March 25, 1998

27

MOTION to extend time to respond to Pltf's motion to compel by dfts (all) [27-1] (MAP) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

28

ORDER by Judge Paul G. Rosenblatt granting motion to extend time to respond to Pltf's motion to compel by dfts (all) [27-1], time extended thru 3/30/98 (cc: all counsel) (MAP) (Entered: 03/31/1998)

March 31, 1998

March 31, 1998

30

MOTION to extend time to reply due date re motion to compel by pla EEOC [30-1] (MAP) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

31

ORDER by Judge Paul G. Rosenblatt granting motion to extend time to reply due date re motion to compel by pla EEOC [30-1], time extended thru 4/2/98 (cc: all counsel) (MAP) Modified on 04/01/1998 (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

32

REPLY by pla EEOC to response to motion to compel discovery by pla EEOC [22-1] (MAP) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

33

MOTION to strike portions of Dfts' response which refer to offers to compromise by pla EEOC [33-1] (MAP) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

34

SUPPLEMENTAL AFFIDAVIT of Lauren Eiler to EEOC's motion to compel [22-1] (MAP) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

35

MINUTE ENTRY Judge Inits: PGR Crt Rptr: B.MCNUTT Hearing held denying motion to strike portions of Dfts' response which refer to offers to compromise by pla EEOC [33-1], denying motion to compel discovery by pla EEOC [22-1]. [35] (MI) (Entered: 04/06/1998)

April 6, 1998

April 6, 1998

36

NOTICE by Southwest Super, SW Supermarkets LLC, SW Supermarkets Ltd of Service of 2nd Supplemental to Initial Rule 26(A) disclosure stmt (MAP) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

37

TRANSCRIPT of Scheduling Conference by Court Reporter: Vicki Reger for the following date(s): 2/23/98 (MAP) (Entered: 04/22/1998)

April 17, 1998

April 17, 1998

38

NOTICE by dfts (all) of Service of Discovery (MAP) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

39

NOTICE by all dfts OF TAKING DEPO OF Custodian of Records Valley Vocational Services on the following date(s): 5/8/98 (KMG) Modified on 04/29/1998 (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

40

NOTICE by all dfts OF TAKING DEPO OF Custodian of Records Money Express on the following date(s): 5/8/98 (KMG) Modified on 04/29/1998 (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

41

NOTICE by all dfts OF TAKING DEPO OF Custodian of Records Southwest Vending Sales, Inc. on the following date(s): 5/8/98 (KMG) Modified on 04/29/1998 (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

42

NOTICE by all dfts OF TAKING DEPO OF Custodian of Records AT&T - Manufacturing Cable and Wire Products on the following date(s): 5/8/98 (KMG) Modified on 04/29/1998 (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

43

NOTICE by dft OF TAKING DEPO OF Custodian of Records, Cable Systems International on the following date(s): 5/8/98 (KMG) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

45

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Fry's Food Stores of AZ on the following date(s): 5/11/98 (MAP) (Entered: 05/01/1998)

April 30, 1998

April 30, 1998

46

NOTICE by dfts (all) OF TAKING DEPO OF Custodian of Records for Radio Shack on the following date(s): 5/22/98 (MAP) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

47

NOTICE by dfts (all) OF TAKING DEPO OF Custodian of Records for Arby's Roast Beef on the following date(s): 5/22/98 (MAP) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

48

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Econolodge on the following date(s): 5/22/98 (MAP) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

49

NOTICE by pla EEOC th the Court of service of Pltf's 2nd set of non-unfrm intrrgs and 2nd req for production of docs (MAP) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

50

STIPULATION for extension of time for Pltf to resp to Dfts' Intrrgs and Notice of Settlement Conference (MAP) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

51

ORDER by Judge Paul G. Rosenblatt granting stipulation that pla shall hv up to and incl 6/19/98 to resp to dfts interrogatories (cc: all counsel) (former emp) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

52

NOTICE by pla EEOC of Potential Class Member Identification (MAP) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

53

NOTICE by pla EEOC of Service of Discovery (MAP) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

73

NOTICE by dfts (all) OF TAKING DEPO OF Alma Rose Van Winkel on the following date(s): 6/25/98 (MAP) (Entered: 06/12/1998)

June 1, 1998

June 1, 1998

54

NOTICE by pla EEOC of Sevice of of discovery (MAP) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

55

JOINT MOTION (REQUEST) for settlement conference by dfts (all) [55-1] (MAP) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

56

NOTICE by dft OF TAKING DEPO OF Elaine Canez on the following date(s): 6/24/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

57

NOTICE by dft OF TAKING DEPO OF Sandra Vejar on the following date(s): 6/24/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

58

NOTICE by dft OF TAKING DEPO OF Diana Rizzo on the following date(s): 6/24/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

59

NOTICE by dft OF TAKING DEPO OF Toni Harlow on the following date(s): 6/24/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

60

NOTICE by dfts (All) OF TAKING DEPO OF Robin Peoples on the following date(s): 6/23/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

61

NOTICE by dft OF TAKING DEPO OF Kathy Lynn Smith on the following date(s): 6/23/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

63

NOTICE by dft OF TAKING DEPO OF Erika Pinkston on the following date(s): 6/23/98 (MAP) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

64

FIRST AMENDED NOTICE by dft OF TAKING DEPO OF Josie Salinas Trujillo on the following date(s): 6/22/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

65

FIRST AMENDED NOTICE by dfts (all) OF TAKING DEPO OF Kristina Willis on the following date(s): 6/22/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

66

NOTICE by dfts (all) OF TAKING DEPO OF Kim Barranco on the following date(s): 7/1/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

67

NOTICE by dfts (all) OF TAKING DEPO OF Maria Irela Diaz on the following date(s): 6/2/698 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

68

NOTICE by dfts (all) OF TAKING DEPO OF Sandy Allen on the following date(s): 6/26/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

69

NOTICE by dfts (all) OF TAKING DEPO OF Mary Vejar on the following date(s): 6/25/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

70

NOTICE by dfts (all) OF TAKING DEPO OF Shanal Majercak on the following date(s): 6/29/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

71

NOTICE by dfts (all) OF TAKING DEPO OF Debra Campbell on the following date(s): 6/26/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

72

NOTICE by dfts (all) OF TAKING DEPO OF Sarah Anderson on the following date(s): 6/26/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

74

NOTICE by dfts (all) OF TAKING DEPO OF Marie Elaina Barreda on the following date(s): 6/25/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

75

NOTICE by dfts (all) OF TAKING DEPO OF Dawn Cisneros on the following date(s): 6/25/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

76

NOTICE by dfts (all) OF TAKING DEPO OF Nancy Esparza on the following date(s): 7/8/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

77

NOTICE by dfts (all) OF TAKING DEPO OF Anna Marie Medina on the following date(s): 7/9/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

78

NOTICE by dfts (all) OF TAKING DEPO OF Sharon Garnes on the following date(s): 6/30/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

79

NOTICE by dfts (all) OF TAKING DEPO OF Debra Parsons on the following date(s): Debra Parsons (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

80

NOTICE by dfts (all) OF TAKING DEPO OF Martha Soto on the following date(s): 6/30/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

81

NOTICE by dfts (all) OF TAKING DEPO OF Francine Allison on the following date(s): 6/29/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

83

NOTICE by dfts (all) OF TAKING DEPO OF Rosa Cardiel on the following date(s): 7/1/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

84

NOTICE by dfts (all) OF TAKING DEPO OF Maecella Chacon on the following date(s): 6/29/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

85

NOTICE by dfts (all) OF TAKING DEPO OF Brenda Selmon on the following date(s): 6/29/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

86

NOTICE by dfts (all) OF TAKING DEPO OF Christina Flores on the following date(s): 7/1/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

87

NOTICE by dfts (all) OF TAKING DEPO OF Teri Softley on the following date(s): 7/10/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

88

NOTICE by dfts (all) OF TAKING DEPO OF Linda Markward on the following date(s): 7/9/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

89

NOTICE by dfts (all) OF TAKING DEPO OF Deborah Worley on the following date(s): 7/10/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

90

NOTICE by dfts (all) OF TAKING DEPO OF Angelina Bojorquez on the following date(s): 7/10/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

91

NOTICE by dfts (all) OF TAKING DEPO OF Mary Anderson on the following date(s): 7/9/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

92

NOTICE by dfts (all) OF TAKING DEPO OF Martha Ann Sanchez on the following date(s): 7/7/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

93

NOTICE by dfts (all) OF TAKING DEPO OF Katherine Carpenter on the following date(s): 7/8/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

94

NOTICE by dfts (all) OF TAKING DEPO OF Rita Bitah on the following date(s): 7/8/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

95

NOTICE by dfts (all) OF TAKING DEPO OF Kitty Carlisle Young on the following date(s): 7/9/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

96

NOTICE by dfts (all) OF TAKING DEPO OF Marianna Martinez on the following date(s): 7/6/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

97

NOTICE by dfts (all) OF TAKING DEPO OF Elizabeth Campbell on the following date(s): 7/7/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

98

NOTICE by dfts (all) OF TAKING DEPO OF Maribel Sapien Olejnicek on the following date(s): 7/7/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

99

NOTICE by dfts (all) OF TAKING DEPO OF Gertha Gist on the following date(s): 7/1/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

100

NOTICE by dfts (all) OF TAKING DEPO OF Christine Stoneking on the following date(s): 7/6/98 (MAP) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

102

NOTICE by dfts (all) OF TAKING DEPO OF Custodian of Records for Dr David Henzler on the following date(s): 6/24/98 (MAP) (Entered: 06/13/1998)

June 11, 1998

June 11, 1998

103

NOTICE by dfts (all) OF TAKING DEPO OF Custodian of Records for Phoenix Indian Medical Center on the following date(s): 6/24/98 (MAP) (Entered: 06/13/1998)

June 11, 1998

June 11, 1998

104

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Mercy Care Plan on the following date(s): 6/24/98 (MAP) (Entered: 06/13/1998)

June 11, 1998

June 11, 1998

105

NOTICE by dft OF TAKING DEPO OF Custodian of Rec'ds for Safeway on the following date(s): 6/22/98 (MAP) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 18, 1997

Closing Date: Nov. 5, 2000

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

Southwest Supermarkets, Inc,, Private Entity/Person

Case Details

Causes of Action:

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: 1000000

Order Duration: 1998 - 2000

Content of Injunction:

Apology

Expungement of Employment Record

Retaliation Prohibition

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits