Case: EEOC v. BSH HOME APPLIANCES

2:03-cv-07013 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2003

Closed Date: March 1, 2005

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles District Office of the EEOC brought this suit against BSH Home Appliances Corporation in the U.S. District Court for the Central District of California. The complaint alleged that the defendant discriminated against the two charging parties on the basis of sex, female, and retaliated against one of the charging parties for complaining about the harassment in violation of Title VII of the Civil Rights Act of 1964. The complainants alleged, specifically, that th…

In September 2003, the Los Angeles District Office of the EEOC brought this suit against BSH Home Appliances Corporation in the U.S. District Court for the Central District of California. The complaint alleged that the defendant discriminated against the two charging parties on the basis of sex, female, and retaliated against one of the charging parties for complaining about the harassment in violation of Title VII of the Civil Rights Act of 1964. The complainants alleged, specifically, that they were subjected to unwelcome touching, unwelcome advances, and sexually charged and suggestive speech.

The charging parties intervened in the suit in January 2004. Following discovery, the parties settled the lawsuit in March 2005 through a consent decree.

The one-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral employment references, update their employment policies, provide anti-retaliation training for all its employees, submit to monitoring actions by the EEOC and its own council, and pay $75,000 to be distributed among two individuals.

Summary Authors

Jason Chester (10/1/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12026167/parties/useeoc-v-bsh-home-appliances/


Judge(s)

Nagle, Margaret A (California)

Attorney for Plaintiff

Barboza, Carla D (California)

Noh, Sue J. (California)

Attorney for Defendant

Cowen, Rachel B (California)

Iannicelli, Jackie V (California)

Documents in the Clearinghouse

Documents in this case

2:03-cv-07013

Docket (PACER)

EEOC v. BSH Home Appliances

March 3, 2005

March 3, 2005

Docket
1

2:03-cv-07013

Complaint

EEOC v. BSH Home Appliances Corporation

Sept. 30, 2003

Sept. 30, 2003

Complaint
42

2:03-cv-07013

Civil Minutes [Order Regarding Plaintiff's Motion to Compel]

EEOC v. BSH Home Appliance Corp.

Aug. 4, 2004

Aug. 4, 2004

Order/Opinion
57

2:03-cv-07013

Consent Decree

EEOC v. BSH Home Appliances

March 3, 2005

March 3, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12026167/useeoc-v-bsh-home-appliances/

Last updated Nov. 3, 2026, 9:52 p.m.

Docket for: USEEOC v. BSH Home Appliances
ECF Number Date Description Link
1 Sept. 30, 2003

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Rosalyn M. Chapman (rrey) (Entered: 10/02/2003)

RECAP
2 Sept. 30, 2003

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff USEEOC (rrey) (Entered: 10/02/2003)

RECAP
3 Oct. 22, 2003

NOTICE AND WAIVER OF SERVICE of SUMMONS by defendant BSH Home Appliances sent by plf on 10/3/03 by Jackie V Ianicell, attorney (lc) (Entered: 10/23/2003)

RECAP
5 Dec. 3, 2003

DISCLOSURE STATEMENT by DSH Home Appliances (lc) (Entered: 12/05/2003)

RECAP
6 Dec. 3, 2003

ANSWER filed by defendant BSH Home Appliances Corporation to complaint [1-1] (lc) (Entered: 12/05/2003)

RECAP
4 Dec. 4, 2003

NOTICE OF DISCREPANCY AND ORDER by Judge Terry J. Hatter ordering answer, disclosure statement submitted received on 12/3/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (lc) (Entered: 12/04/2003)

RECAP
7 Dec. 8, 2003

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant BSH Home Appliances by Jackie V Iannicelli. Designating Robert A Waller Jr as local counsel. Approved by Judge Terry J. Hatter.(Fee pd) (lc) (Entered: 12/10/2003)

RECAP
8 Dec. 8, 2003

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant BSH Home Appliances by Michael James Sheehan. Designating Robert A Waller Jr as local counsel. Approved by Judge Terry J. Hatter.(Fee pd) (lc) (Entered: 12/10/2003)

RECAP
9 Dec. 10, 2003

CERTIFICATION OF INTERESTED PARTIES filed by defendant BSH Home Appliances (lc) (Entered: 12/11/2003)

RECAP
16 Jan. 2, 2004

INTERVENOR COMPLAINT against intervenor defendants BSH Home Appliances Corporation, Does 1-10, filed by plaintiffs intervention Erika Salgado, Michelle Hernandez. JURY DEMAND(lc, ) (Entered: 02/03/2004)

RECAP
11 Jan. 16, 2004

JOINT Exhibit List filed by BSH Home Appliances Corporation, U S Equal Employment Opportunity Commission (lc, ) (Entered: 01/22/2004)

RECAP
10 Jan. 21, 2004

Substitution of Attorney filed. Substituting attorney Ellen DeVoe Stuart for BSH Home Appliances Corporation in place and stead of attorney Robert A Waller by Judge Terry J. Hatter Jr. (lc, ) (Entered: 01/22/2004)

RECAP
13 Jan. 21, 2004

PROOF OF SERVICE filed by Defendant, BSH Home Appliances Corporation of 10 Substitution of Attorney (Form G-1), served on 1/16/04 upon Anna Y Park by US mail. (shb, ) (Entered: 01/27/2004)

RECAP
12 Jan. 22, 2004

NOTICE OF CLERICAL ERROR Re: Joint Exhibit List 11 erroneously docketed on CV 03-7013 TJH USEEOC vs BSH should have been on CV 03-2268 TJH, Hendrickson vs Amazon.com, original removed and correctly docketed (lc, ) (Entered: 01/22/2004)

RECAP
14 Jan. 22, 2004

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 14 days. (jag, ) (Entered: 01/28/2004)

RECAP
Jan. 22, 2004

FAX number for Attorney Ellen DeVoe Stuart is 629-233-9400. (lc, ) (Entered: 01/22/2004)

PACER
Jan. 22, 2004

FAX number for Attorney Ellen DeVoe Stuart is 629-233-9400. (lc, )

17 Jan. 29, 2004

CERTIFICATION AS TO Interested Parties filed by Intervenor Plaintiffs Michelle Hernandez, Erika Salgado. (ca, ) (Entered: 02/05/2004)

RECAP
20 Jan. 30, 2004

STIPULATION for Filing of First Amended Complaint filed by Plaintiff U S Equal Employment Opportunity Commission. Lodged Proposed Order and First Amended Complaint. (ir, ) (Entered: 02/07/2004)

RECAP
21 Jan. 30, 2004

PROOF OF SERVICE filed by Plaintiff U S Equal Employment Opportunity Commission regarding 20 Stipulation for filingof First Amended Complaint, First Amended Complaint and Proposed Order regarding Stipulation for Filing of First Amended complaint was served on 1/30/04. (ir, ) (Entered: 02/07/2004)

RECAP
15 Feb. 2, 2004

STIPULATION AND ORDER by Judge Terry J. Hatter Jr: Michelle Hernandez and Erika Salgado may fiel a complaint in intervention(lc, ) (Entered: 02/03/2004)

RECAP
Feb. 2, 2004

FAX number for Attorney Carla D Barbosa is 213-629-5302. (lc, ) (Entered: 02/03/2004)

PACER
Feb. 2, 2004

FAX number for Attorney Carla D Barbosa is 213-629-5302. (lc, )

18 Feb. 3, 2004

STIPULATION AND ORDER by Judge Terry J. Hatter Jr granting leave to file amended complaint 1 and defendant BSH Home Appliance shall not be required to answer the amendment.(lc, ) (Entered: 02/05/2004)

RECAP
19 Feb. 3, 2004

FIRST AMENDED COMPLAINT against defendant BSH Home Appliances Corporation, Does 1-10 amending Complaint - (Discovery) 1 ; JURY DEMAND,filed by plaintiff U S Equal Employment Opportunity Commission (lc, ) (Entered: 02/05/2004)

RECAP
22 Feb. 17, 2004

ANSWER to Intervenor Complaint 16 filed by defendants BSH Home Appliances Corporation.(lc, ) (Entered: 03/01/2004)

RECAP
23 Feb. 25, 2004

DISCLOSURE of pursuant to FRCP 7.1 filed by Defendant BSH Home Appliances Corporation (lc, ) (Entered: 03/05/2004)

RECAP
24 Feb. 25, 2004

PROOF OF SERVICE filed by defendant BSH Home Appliances Corporation of 22 Answer to Intervenor Complaint, was served on 2/16/04 by mail. (lc, ) (Entered: 03/05/2004)

RECAP
25 May 6, 2004

ORDER by Judge Terry J. Hatter Jr: all discovery at issue are referred to Magistrate Judge Rosalyn M Chapman; Final Pretrial Conference set for 11/29/2004 10:00 AM before Honorable Terry J. Hatter Jr.(lc, ) (Entered: 05/07/2004)

RECAP
26 June 2, 2004

SETTLEMENT PROCEDURE SELECTION: NOTICE, REQUEST AND ORDER by Judge Terry J. Hatter Jr. Parties shall appear before Magistrate Judge Margaret A Nagel for settlement proceedings.(ir, ) (Entered: 06/03/2004)

RECAP
27 June 2, 2004

NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. settlement procedure selection 26 is referred to Magistrate Judge Margaret A. Nagle for for ruling and processing. (lc, ) (Entered: 06/08/2004)

RECAP
28 July 7, 2004

NOTICE OF MOTION AND MOTION to Compel responses to EEOC first and second requests for inspection and copying of documents filed by plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 7/28/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. (pj, ) (Entered: 07/13/2004)

RECAP
29 July 7, 2004

JOINT STIPULATION re MOTION to Compel responses to EEOC first and second requests for inspection and copying of documents 28 filed by Plaintiff U S Equal Employment Opportunity Commission. (pj, ) (Entered: 07/13/2004)

RECAP
30 July 13, 2004

SUPPLEMENTAL MEMORANDUM in Support of MOTION to Compel responses to EEOC first and second requests for inspection and copying of documents 28 filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/14/2004)

RECAP
31 July 21, 2004

SUPPLEMENTAL MEMORANDUM in Support of MOTION to Compel 28 filed by defendant BSH Home Appliances Corporation. (lc, ) (Entered: 07/22/2004)

RECAP
32 July 21, 2004

REQUEST to Strike BSH supplemental brief regarding EEOC MOTION to Compel 28 filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/22/2004)

RECAP
33 July 22, 2004

STIPULATION AND ORDER by Judge Rosalyn M. Chapman : Hearing on plaintiffs MOTION to Compel discovery responses to EEOC first and second request for inspection and copying of documents is continued to 8/4/2004 at 09:30 AM 28 . (lc, ) (Entered: 07/23/2004)

RECAP
34 July 23, 2004

EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses filed by defendant BSH Home Appliances Corporation. Lodged order. (lc, ) Modified on 7/27/2004 (lc, ). (Entered: 07/27/2004)

RECAP
35 July 23, 2004

DECLARATION of Ellen D Stuart in support of EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses 34 filed by defendant BSH Home Appliances Corporation. (lc, ) (Entered: 07/27/2004)

RECAP
36 July 23, 2004

PROOF OF SERVICE filed by defendant BSH Home Appliances Corporation. re 34 EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses, 35 Declaration (Motion related), was served on 7/23/04 by mail. (lc, ) (Entered: 07/27/2004)

RECAP
37 July 26, 2004

ORDER by Judge Rosalyn M. Chapman : denying as moot 34 plaintiffs Ex Parte Application to Continue hearing on motion to compel; see 7/22/04 order; denied on merits as to the remainder (lc, ) (Entered: 07/28/2004)

RECAP
39 July 26, 2004

OPPOSITION to EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses 34 filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/30/2004)

RECAP
38 July 28, 2004

ORDER by Judge Rosalyn M. Chapman : the documents listed below were improperly filed for the following reasons: It is untimely. Local Rule 37-2.3; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Memorandum in Support of Motion 31 .(dts, ) (Entered: 07/28/2004)

RECAP
40 July 28, 2004

NOTICE OF MOTION AND MOTION to Compel Deposition of BSH management employee witnesses filed by plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 8/18/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. (lc, ) (Entered: 08/02/2004)

RECAP
41 July 28, 2004

JOINT STIPULATION for motion to compel BSH management employee witnesses filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 08/02/2004)

RECAP
42 Aug. 4, 2004

MINUTES (IN CHAMBERS) (1) ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFF EEOC'S MOTION TO COMPEL RESPONSES TO FIRST AND SECOND SETS OF REQUESTS FOR INSPECTION AND COPYING OF DOCUMENTS; AND (2) ORDER SETTING DEPOSITION SCHEDULE by Judge Rosalyn M. Chapman : (see order for complete details) granting in part and denying in part 28 Motion to Compel, granting 40 Motion to Compel Deposition (dts, ) (Entered: 08/06/2004)

RECAP
43 Aug. 10, 2004

MINUTES OF In Chambers - Order by Judge Margaret A. Nagle setting a : Settlement Conference in this matter for 8/27/2004 10:00 AM before Magistrate Judge Margaret A. Nagle. Confidential Settlement Conference Statements are due by 8/20/04. (ec, ) (Entered: 08/10/2004)

RECAP
44 Aug. 10, 2004

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Rachel B Cowen for BSH Home Appliances Corporation, designating Ellen Stuart McLane as local counsel. Fee paid. Approved by Judge Terry J. Hatter Jr.(lc, ) (Entered: 08/11/2004)

RECAP
45 Aug. 20, 2004

MOTION and MEMORANDUM to Overrule the Magistrate's Order granting EEOC's motion to compel filed by Defendant BSH Home Appliances Corporation. Motion taken under submission on 9/20/2004 before Honorable Terry J. Hatter Jr. (shb, ) (Entered: 08/25/2004)

RECAP
46 Aug. 20, 2004

NOTICE OF MOTION to Overrule the Magistrate's Order granting EEOC's motion to compel 45 filed by Defendant BSH Home Appliances Corporation. (shb, ) (Entered: 08/25/2004)

RECAP
47 Aug. 27, 2004

MINUTES (In Chambers) by Judge Margaret A. Nagle: Settlement Conference is continued from 8/27/04 to 9/8/2004 09:30 AM before Magistrate Judge Margaret A. Nagle. (ib, ) (Entered: 08/30/2004)

RECAP
48 Aug. 27, 2004

ORDER AND JOINT STIPULATION MODIFYING ORDER SETTING DEPOSITION SCHEDULE by Judge Rosalyn M. Chapman: The deposition of Charlene Brown is continued from 9/7/04 to 9/10/04 and the deposition of Jan Mackay is continued from 9/8/04 to 9/20/04.(mch, ) (Entered: 09/02/2004)

RECAP
49 Sept. 3, 2004

OPPOSITION to BSH Motion and Memorandum to overrule the Magistrate Order granting EEOC motion to compel 45 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir ) (Entered: 09/08/2004)

RECAP
50 Sept. 3, 2004

DECLARATION of Sue J Noh regarding Concurrently filed EEOC Opposition to BSH Motion and Memorandum to overrule the Magistrates order granting EEOC Motion to compel 45 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir ) (Entered: 09/08/2004)

RECAP
51 Sept. 8, 2004

MINUTES OF Settlement Conference held before Judge Margaret A. Nagle. A settlement in principal has been reached between the parties.Tape #: 04-49. (ec, ) (Entered: 09/20/2004)

RECAP
52 Sept. 20, 2004

STIPULATION AND ORDER by Judge Terry J. Hatter Jr : Discovery is stayed 10 days during which parties wil work to finalize settlement through consent decree 51 .(lc, ) (Entered: 09/21/2004)

RECAP
53 Oct. 4, 2004

ORDER AND JOINT STIPULATION FOR A FURTHER STAY OF DISCOVERY by Judge Terry J. Hatter Jr: Additional ten day stay on discovery during which the parties will work to finalize the settlement through the Consent Decree.(ir, ) (Entered: 10/05/2004)

RECAP
54 Oct. 14, 2004

ORDER AND JOINT STIPULATION by Judge Terry J. Hatter Jr: An Additional ten days stay on discovery during which the parties will work to finalize the settlement through the Consent Decree.(ir, ) (Entered: 10/15/2004)

RECAP
55 Nov. 23, 2004

MINUTES OF In Chambers Conference held before Judge Terry J. Hatter Jr: The Court has been informed that this case has settled, therefore, the Final Pretrial Conference hearing previously set for 11/29/04 at 10:00am will be taken off calendar, pending the proposed consent decree to follow. No appearance is necessary. Court Reporter: not reported. (rl, ) (Entered: 11/24/2004)

RECAP
56 Feb. 17, 2005

CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b) filed Jointly, signed by Judge Terry J. Hatter Jr. Case reassigned to Magistrate Judge Margaret A. Nagle for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (pbap, ) (Entered: 02/22/2005)

RECAP
57 March 3, 2005

CONSENT DECREE by Judge Margaret A. Nagle: IT IS SO ORDERED. (dw, ) (Entered: 03/04/2005)

RECAP
March 3, 2005

(Made JS-6. Case Terminated.) (dw, ) (Entered: 03/04/2005)

PACER
March 3, 2005

(Made JS-6. Case Terminated.) (dw, )

Case Details

State / Territory:

California

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: Sept. 1, 2003

Closing Date: March 1, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private 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

BSH Home Appliances Corporation

Case Details

Causes of Action:

State Anti-Discrimination Law

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

Other Dockets:

Central District of California 2:03-cv-07013

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary 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

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 75000

Order Duration: 2005 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation