Case: EEOC v. BARBER AUTO SALES

2:03-cv-00657 | U.S. District Court for the Eastern District of California

Filed Date: April 1, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In April 2003, the San Francisco District Office of the EEOC brought this suit against Barber Auto Sales, Inc. (d/b/a Barber Dealer Group and Barber Dodge aka Vallejo Dodge) and related businesses in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint; thus, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged discrimination on the basis of national origin, color, and religion. Sp…
In April 2003, the San Francisco District Office of the EEOC brought this suit against Barber Auto Sales, Inc. (d/b/a Barber Dealer Group and Barber Dodge aka Vallejo Dodge) and related businesses in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint; thus, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged discrimination on the basis of national origin, color, and religion. Specifically, the defendant subjected the five charging parties, Afghanistan employees who practiced Islam, to a hostile work environment because of their national origin, color, and religion. In addition, the defendant retaliated against the charging parties by terminating them after they complained of the discrimination. In June 2003, the charging parties intervened in the suit. After some scheduling orders, the parties settled in April 2004 through a consent decree.The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: obtain an independent consultant to enforce its anti-discrimination policies and the provisions of the decree, revise and distribute its anti-discrimination policies, develop a complaint procedure, provide Title VII training, and report to the EEOC at specified intervals. In addition, the defendant agreed to: expunge the charging parties' personnel files from all references to the charges of discrimination and pay $550,000.In March of 2004 a stipulation was agreed to and entered by and between the intervenors and the defendant, dismissing the Amended Complaint in Intervention with prejudice. This stipulation additionally stated that each party would bear its own attorney fees and costs.The decree was entered in April 2004 and scheduled to last until April 2007. No further docket entries exist, so the case is closed.

Summary Authors

Keri Livingston (6/28/2007)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

Documents in this case

2:03-cv-00657

Docket [PACER]

EEOC v. Barber Auto Sales, et al

April 1, 2004

April 1, 2004

Docket

2:03-cv-00657

Stipulation and Order for Dismissal

EEOC v. Barber Auto Sales, Inc.

March 3, 2004

March 3, 2004

Order/Opinion
35

2:03-cv-00657

Consent Decree

EEOC, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, Nastarn S Gonzalez, Khalil Asefi v. Barber Auto Sales , Inc.

April 1, 2004

April 1, 2004

Settlement Agreement

Resources

Docket

Last updated March 25, 2025, 8:14 a.m.

ECF Number Date Description Link
1 April 1, 2003

COMPLAINT for civil rights; jury demand, fee status waived, assigned to Judge Garland E. Burrell; referred to Magistrate Judge Gregory G. Hollows (kdc) (Entered: 04/02/2003)

PACER
2 April 1, 2003

ORDER setting scheduling conference for 9:00 8/11/03 before Judge Garland E. Burrell (kdc) (Entered: 04/02/2003)

PACER
3 May 7, 2003

RETURN OF SERVICE executed upon defendant Barber Auto Sales on 4/7/03 (kdc) (Entered: 05/08/2003)

PACER
4 May 7, 2003

RETURN OF SERVICE executed upon defendant White Auto Sales on 4/28/03 (kdc) (Entered: 05/08/2003)

PACER
5 May 12, 2003

ANSWER by defendant Barber Auto Sales and defendant White Auto Sales to complaint [1−1] (daw) (Entered: 05/13/2003)

PACER
6 May 13, 2003

NOTICE OF MOTION and MOTION for order permitting to intervene by Khalil Asefi, Abdullah Qari, Adbul W. Hamidi, Mohammed F. Adalat and Nastarn S. Gonzalez; motion TO BE HEARD by Judge Garland E. Burrell; Motion Hearing SET For 9:00 6/16/03 (daw) (Entered: 05/14/2003)

PACER
7 May 13, 2003

MEMORANDUM OF POINTS AND AUTHORITIES by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez in SUPPORT of motion to intervene [6−1] (daw) (Entered: 05/14/2003)

PACER
8 May 13, 2003

DECLARATION of Bruce R. Bernstein in suppport of [7−1], [6−1] (daw) (Entered: 05/14/2003)

PACER
May 13, 2003

LODGED proposed order by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez granting intervention (daw) (Entered: 05/14/2003)

PACER
9 May 15, 2003

RESPONSE (non−opposition) by plaintiff EEOC to motion to intervene [6−1] (daw) Modified on 05/16/2003 (Entered: 05/16/2003)

PACER
10 May 22, 2003

ERRATA by counsel for intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez to [6−1] (daw) (Entered: 05/23/2003)

PACER
11 May 27, 2003

RESPONSE by defendants Barber Auto Sales and White Auto Sales to motion to intervene [6−1] (daw) (Entered: 05/28/2003)

PACER
12 June 4, 2003

ORDER by Judge Garland E. Burrell ORDERING motion to intervene is [6−1] GRANTED; The proposed complaint attached to the declaration of Attorney Bruce R. Bernstein in support of motion for permitting intervention, which is numbered document 8 on the docket, is deemed filed and served as of the date this order is filed (cc: all counsel) (mdp) (Entered: 06/05/2003)

PACER
13 June 18, 2003

COMPLAINT IN INTERVENTION by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat and Nastarn S Gonzalez; Jury trial demanded (mdp) Modified on 06/19/2003 (Entered: 06/19/2003)

PACER
14 June 20, 2003

ANSWER by defendants to complaint in intervention [13−1] (alg) (Entered: 06/23/2003)

PACER
15 June 20, 2003

AMENDED ANSWER [14−1], [5−1] by defendants Barber Auto Sales and White Auto Sales (alg) (Entered: 06/23/2003)

PACER
16 July 24, 2003

JOINT STATUS REPORT (daw) (Entered: 07/25/2003)

PACER
17 July 29, 2003

INITIAL DISCOVERY DISCLOSURES by defendant Barber Auto Sales, defendant White Auto Sales regarding (kdc) (Entered: 07/30/2003)

PACER
July 31, 2003

LODGED amended complaint by intervenors (to include missing paragraphs from original complaint−in−intervention that was never filed with the court) (kdc) (Entered: 08/01/2003)

PACER
18 Aug. 1, 2003

ORDER by Judge Garland E. Burrell ORDERING status conference RESET for 9:00 10/27/03 (cc: all counsel) (kdc) (Entered: 08/01/2003)

PACER
20 Aug. 1, 2003

AMENDED COMPLAINT IN INTERVENTION; jury demand; deficiency sheet attached − no leave to file amended complaint (kdc) (Entered: 08/04/2003)

PACER
Aug. 4, 2003

RESERVICE of DOCUMENT(S) [17−1] addressed to plaintiff EEOC, defendant Barber Auto Sales, defendant White Auto Sales, intervenor Khalil Asefi, intervenor Abdullah Qari, intervenor Abdul W Hamidi, intervenor Mohammed F Adalat, intervenor Nastarn S Gonzalez (kdc) (Entered: 08/04/2003)

PACER
21 Aug. 6, 2003

ORDER by Judge Garland E. Burrell ORDERING amended complaint in intervention [20−1] STRICKEN for no leave of court (cc: all counsel) (kdc) (Entered: 08/06/2003)

PACER
22 Aug. 11, 2003

MAIL returned [18−1], [18−2] addressed to intervenor Khalil Asefi's attorney, Robert Paul Stricker; document has been re−served (sk) (Entered: 08/12/2003)

PACER
23 Aug. 13, 2003

MAIL returned [21−1] addressed to Robert Paul Stricker "not deliverable as addressed" (kdc) (Entered: 08/14/2003)

PACER
Sept. 19, 2003

LODGED stipulation and order to allow amended complaint in intervention to be filed (ds) (Entered: 09/22/2003)

PACER
Sept. 19, 2003

LODGED amended complaint in intervention by intervenors (ds) (Entered: 09/22/2003)

PACER
24 Sept. 23, 2003

STIPULATION AND ORDER by Judge Garland E. Burrell ORDERING that intervenors request to file amd comp GRANTED; Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez to file their amended complaint in Intervention (cc: all counsel) (crf) (Entered: 09/23/2003)

PACER
25 Sept. 23, 2003

INTERVENORS' AMENDED COMPLAINT by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez; Jury Trial Demand (crf) (Entered: 09/23/2003)

PACER
26 Sept. 25, 2003

NOTICE OF DISMISSAL as to party Dave Waldman by intervenors from their amended complaint filed 9/23/03 (daw) (Entered: 09/26/2003)

PACER
27 Sept. 29, 2003

MAIL returned [24−1] addressed to counsel for intervenors Nastarn S Gonzalez, Mohammed F Adalat, Abdul W Hamidi, Abdullah Qari, and Khalil Asefi (crf) (Entered: 09/30/2003)

PACER
Oct. 2, 2003

RESERVICE of DOCUMENT(S) Stip and order to allow amended complaint in intervention to be filed [24−1] addressed to counsel for intervenors (crf) (Entered: 10/02/2003)

PACER
28 Oct. 9, 2003

ANSWER by defendant Mike Creeden to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

PACER
29 Oct. 9, 2003

ANSWER by defendant Barber Auto Sales, defendant White Auto Sales to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

PACER
30 Oct. 9, 2003

ANSWER by defendant Ron Barber to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

PACER
31 Oct. 14, 2003

JOINT STATUS REPORT (daw) (Entered: 10/15/2003)

PACER
32 Oct. 20, 2003

STATUS ORDER by Judge Garland E. Burrell ORDERING status conference vacated on 10/20/03; final pretrial conference set for 3:30 1/24/05; jury trial set for 9:00 4/19/05; motion filing ddl set for 9:00 11/22/04; discovery ddl set for 9/22/04 (cc: all counsel) (kdc) (Entered: 10/20/2003)

PACER
March 3, 2004

LODGED stip and order for dismissal by defendants Barber Auto Sales, White Auto Sales and intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat and Nastarn S Gonzalez (crf) (Entered: 03/04/2004)

PACER
34 March 9, 2004

ORDER by Judge Garland E. Burrell ORDERING stipulation and proposed order for dismissal GRANTED; CASE DISMISSED with prejudice pursuant to Rule 41(a); each party will bear its own costs and atty fees (cc: all counsel) (daw) (Entered: 03/09/2004)

PACER
March 31, 2004

LODGED consent decree (daw) (Entered: 04/01/2004)

PACER
35 April 1, 2004

CONSENT DECREE by Judge Garland E. Burrell ORDERING that parties consent decree is GRANTED; see order for further details (cc: all counsel) (crf) (Entered: 04/01/2004)

PACER

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 1, 2003

Closing Date: 2007

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

Barber Auto Sales Incorporated

Barber Auto Sales, Inc.

Dave Waldman

Mike Creeden

Ron Barber

White Auto Sales, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of California 2:03-cv-00657

Available Documents:

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:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 550000

Order Duration: 2004 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Race discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation