Case: EEOC v. SAGE MEMORIAL HOSPITAL

3:06-cv-02125 | U.S. District Court for the District of Arizona

Filed Date: Sept. 5, 2006

Closed Date: Jan. 23, 2008

Clearinghouse coding complete

Case Summary

In September 2006 the Phoenix District Office of the EEOC filed this lawsuit against Navajo Health Foundation-Sage Memorial Hospital Inc. in the U.S. District Court for the District of Arizona alleging discrimination on the basis of race, national origin and retaliation in violation of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant discriminated against complainants of a number of races (including Asian, African, Native American and Hispanic) and of severa…

In September 2006 the Phoenix District Office of the EEOC filed this lawsuit against Navajo Health Foundation-Sage Memorial Hospital Inc. in the U.S. District Court for the District of Arizona alleging discrimination on the basis of race, national origin and retaliation in violation of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant discriminated against complainants of a number of races (including Asian, African, Native American and Hispanic) and of several national origins (including African, East Indian, Puerto Rican) by paying them less than white practitioners and retaliated against complainants for opposing this practice. Following some discovery, the U.S. District Court granted the defendant's motion to dismiss for lack of subject matter jurisdiction in September 2007. The EEOC appealed this decision to the U.S. Court of Appeals for the 9th Circuit in November 2007. The case was voluntarily dismissed by the 9th Circuit in January 2008.

Summary Authors

David Friedman (4/17/2008)

Documents in the Clearinghouse

Document

3:06-cv-02125

Docket [PACER]

EEOC v. Navajo Health Foundation - Sage Memorial Hospital, Inc.

Jan. 23, 2008

Jan. 23, 2008

Docket
1

3:06-cv-02125

Complaint

EEOC v. Navajo Health Foundation - Sage Memorial Hospital, Inc.

Sept. 5, 2006

Sept. 5, 2006

Complaint
33

3:06-cv-02125

Order

EEOC v. Navajo Health Foundation - Sage Memorial Hospital, Inc.

2007 WL 2683825

Sept. 7, 2007

Sept. 7, 2007

Order/Opinion

3:06-cv-02125

Order [USCA]

EEOC v. Navajo Health Foundation - Sage Memorial Hospital, Inc.

U. S. Court of Appeals for the Ninth Circuit

Jan. 23, 2008

Jan. 23, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4728422/equal-employment-opportunity-commission-v-navajo-health-foundation-sage/

Last updated Aug. 1, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Meyer, Valerie) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

2

This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV06-2125-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (HIH) (Entered: 09/06/2006)

Sept. 5, 2006

Sept. 5, 2006

3

Summons Issued as to Navajo Health Foundation-Sage Memorial Hospital Inc. (HIH) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

4

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Navajo Health Foundation-Sage Memorial Hospital Inc served on 11/28/2006, answer due 12/18/2006. (Lopez, P) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

6

ORDER re Rule 16 Scheduling Conference set for 1/19/2007 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 12/18/06. (NVJ) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

7

NOTICE of Appearance by Michelle Tamara Deutsch on behalf of Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

8

REPORT of Joint Case Management by Plaintiff Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

9

Notice re Initial Rule 26(a)(1) Disclosure Statement by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

10

Notice re Notice of Service of Initial Rule 26(a)(1) Disclosure Statement by Navajo Health Foundation-Sage Memorial Hospital Inc (Jordan, David) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

11

Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Michelle Deutsch and Valerie Meyer for pla; David Jordan for dft. Scheduling Conference held on 1/19/2007. Order to follow. (Court Reporter Liz Lemke.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) (Entered: 01/23/2007)

Jan. 19, 2007

Jan. 19, 2007

12

CASE MANAGEMENT ORDER. Discovery re jurisdiction due by 5/31/2007; motions on subject matter jurisdiction due by 6/29/2007. Signed by Judge David G Campbell on 1/24/07. (NVJ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

13

Notice re Service of First Set of Discovery to Defendant by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

14

NOTICE of Deposition of Defendant According to Rule 30(b)(6), filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

15

Notice re Service of Request for Rule 30(b)(5) Documents by Equal Employment Opportunity Commission (Lopez, P) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

16

Notice re Notice of Service of Discovery Responses by Navajo Health Foundation-Sage Memorial Hospital Inc (Jordan, David) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

17

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 14 Notice of Deposition of Defendant According to Rule 30(b)(6) . (Lopez, P) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

18

NOTICE of Deposition of Rule 30(b)(6), filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

19

Notice re Notice of Service of Defendant's Response to Request for Production of Documents Pursuant to Fed.R.Civ.P. 30(b)(5) by Navajo Health Foundation-Sage Memorial Hospital Inc (Jordan, David) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

20

Notice re Service of Second Set of Requests for Documents by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

22

NOTICE of Deposition of Ferlin Clark, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

23

ORDER. The Court held a conference call with the parties and agreed that one deposition may be taken beyond the discovery cut-off date of May 31, 2007. This change will not alter the June 29, 2007 due date for the jurisdictional motion, as set in the Court's Case Management Order. Signed by Judge David G Campbell on 5-24-07. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

24

NOTICE of Deposition of Ferlin Clark, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

25

MOTION to Dismiss Case by Navajo Health Foundation-Sage Memorial Hospital Inc. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C, Part 1# 4 Exhibit Exhibit C, Part 2)(Jordan, David) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

26

AFFIDAVIT of Lauren Bernally-Long re 25 MOTION to Dismiss Case by Defendant Navajo Health Foundation-Sage Memorial Hospital Inc. (Jordan, David) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

27

RESPONSE in Opposition re 25 MOTION to Dismiss Case filed by Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

28

STATEMENT of of Facts in Support of Opposition to Motion to Dismiss re 27 Response in Opposition to Motion by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit List and Exhibits 1-10# 2 Exhibit 11-15# 3 Exhibit 16-20)(Meyer, Valerie) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

29

Joint MOTION for Extension of Time Defendant's Reply to Motion to Dismiss by Navajo Health Foundation-Sage Memorial Hospital Inc. (Jordan, David) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

30

MOTION for Extension of Time in Defendant's Reply to Motion to Dismiss by Navajo Health Foundation-Sage Memorial Hospital Inc. (Attachments: # 1 Text of Proposed Order Order for Extension of Time)(Jordan, David) (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

31

ORDER finding as moot 29 Motion for Extension of Time; granting 30 Motion for Extension of Time. Signed by Judge David G Campbell on 8/22/2007.(NVJ) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

32

REPLY in Support re 25 MOTION to Dismiss Case filed by Navajo Health Foundation-Sage Memorial Hospital Inc. (Jordan, David) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

34

CLERK'S JUDGMENT. Pursuant to the Court's order of September 7, 2007, granting Defendants Motion to Dismiss, judgment is entered in favor of Defendant. Plaintiff shall take nothing by way of the Complaint. The Complaint and this action are hereby dismissed.(REW, ) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

36

Representation Statement by Equal Employment Opportunity Commission re 35 Notice of Appeal (Meyer, Valerie) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

37

TRANSCRIPT DESIGNATION AND ORDER FORM by Equal Employment Opportunity Commission for proceedings held on None before Judge Campbell, re 35 Notice of Appeal (Meyer, Valerie) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

38

Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 35 Notice of Appeal (LAD) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

CADS Sent re 35 Notice of Appeal : Civil Appeals Docketing Statement sent to 9th Circuit on this date. (REW, ) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

39

CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 35 Notice of Appeal (REW, ) (Entered: 11/28/2007)

Nov. 27, 2007

Nov. 27, 2007

40

MANDATE of 9th Circuit (Certified Copy), case number 07-17057, as to 35 Notice of Appeal filed by Equal Employment Opportunity Commission. Appellant's motion for voluntary dismissal of the case under Federal Rule of Appellate Procedure 42(b) is granted. Appeal is DISMISSED.(ESL) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

33

ORDER granting Defendant's 25 Motion to Dismiss; Clerk shall terminate this action. Signed by Judge David G Campbell on 9/6/07.(REW, )

Sept. 7, 2007

Sept. 7, 2007

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2006

Closing Date: Jan. 23, 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

Navajo Health Foundation-Sage Memorial Hospital Inc. (Ganado, Arizona), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Pay / Benefits

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

American Indian/Alaskan Native

Asian/Pacific Islander

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic

Indian