Case: EEOC v. BCI Coca-Cola Bottling Company

1:02-cv-01644 | U.S. District Court for the District of New Mexico

Filed Date: Dec. 30, 2002

Closed Date: April 11, 2008

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this suit against BCI Coca-Cola Bottling Company of Los Angeles (doing business as Phoenix Coca-Cola Bottling Company) in the U.S. District Court for the District of New Mexico in December 2002. The complaint alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. The defendant allegedly subjected the complainant to race discrimination through disparate treatment of the complainant in the terms and conditions of his …

The Phoenix District Office of the EEOC brought this suit against BCI Coca-Cola Bottling Company of Los Angeles (doing business as Phoenix Coca-Cola Bottling Company) in the U.S. District Court for the District of New Mexico in December 2002. The complaint alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. The defendant allegedly subjected the complainant to race discrimination through disparate treatment of the complainant in the terms and conditions of his employment and discharging him because he was African American. The district court granted summary judgment for the defendant, which was reversed by the Tenth Circuit Court of Appeals (Equal Employment Opportunity Commission v. BCI Coca-Cola Bottling Company of Los Angeles, 450 F. 3d 476 (10th Cir. 2006)).

The defendant sought review by the Supreme Court, on the question: "If an employer with no discriminatory motive fires a subordinate based in part on the influence of another employee with a discriminatory motive, can the employer be held liable for discrimination under Section 703(a) of Title VII of the Civil Rights Act of 1964?" The Court granted review in January 2007. In April 2007, however (prior to any oral argument) the defendant dismissed the case from the Supreme Court. The matter was therefore reopened in the district court. There, the parties entered into a consent decree that required the defendant to pay the complainant $250,000; train its employees; post and distribute a notice of employee rights under federal anti-discrimination laws; and submit semiannual reports to the EEOC.

Summary Authors

Kevin Wilemon (5/29/2008)

Documents in the Clearinghouse

Document

1:02-cv-01644

Docket [PACER]

EEOC v. BCI Coca-Cola Bottling Co.

April 11, 2008

April 11, 2008

Docket
1

1:02-cv-01644

Complaint

EEOC v. BCI Coca-Cola Bottling Co.

Dec. 30, 2002

Dec. 30, 2002

Complaint
28

1:02-cv-01644

Memorandum Opinion and Order [Dismissing Some Claims]

EEOC v. BCI Coca-Cola Bottling Co.

Aug. 19, 2003

Aug. 19, 2003

Order/Opinion
33

1:02-cv-01644

Memorandum Opinion and Order [Granting Motion to Strike Affirmative Defenses]

EEOC v. BCI Coca-Cola Bottling Co.

Aug. 28, 2003

Aug. 28, 2003

Order/Opinion
42

1:02-cv-01644

Memorandum Opinion and Order [Denying Motion for Clarification]

EEOC v. BCI Coca-Cola Bottling Co.

Oct. 1, 2003

Oct. 1, 2003

Order/Opinion
81

1:02-cv-01644

Memorandum Opinion and Order [Granting Defendant's Motion for S/J; Dismissing Case]

EEOC v. BCI Coca-Cola Bottling Co.

2004 WL 3426757, 2004 U.S.Dist.LEXIS 28277

June 10, 2004

June 10, 2004

Order/Opinion

04-02220

[Opinion Reversing Grant of S/J]

EEOC v. BCI Coca-Cola Bottling Co.

U. S. Court of Appeals for the Tenth Circuit

450 F.3d 476

June 7, 2006

June 7, 2006

Order/Opinion

06-00341

[Order Granting Cert.]

BCI Coca-Cola Bottling Co. v. EEOC

Supreme Court of the United States

549 U.S. 1105, 127 S.Ct. 852, 166 L.Ed.2d 681

Jan. 5, 2007

Jan. 5, 2007

Order/Opinion

06-00341

[Order Dismissing Cert.]

BCI Coca-Cola Bottling Co. v. EEOC

Supreme Court of the United States

549 U.S. 1334, 127 S.Ct. 1931, 167 L.Ed.2d 583

April 12, 2007

April 12, 2007

Order/Opinion
170

1:02-cv-01644

Consent Decree

EEOC v. BCI Coca-Cola Bottling Co.

April 11, 2008

April 11, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5182883/eeoc-v-bci-coca-cola/

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

ECF Number Description Date Link Date / Link
28

MEMORANDUM, OPINION, AND ORDER: by District Judge James O. Browning granting deft's motion to dismiss claims for lack of subject matter jurisdiction [11-1] dismissing claims contained in paragraph 7(a) of the complaint (cc: all counsel*) (sl)

Aug. 19, 2003

Aug. 19, 2003

RECAP
1

COMPLAINT for civil rights w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge Lorenzo F. Garcia) (ed) (Entered: 12/31/2002)

Dec. 30, 2002

Dec. 30, 2002

33

MEMORANDUM, OPINION, AND ORDER: by District Judge James O. Browning granting pltf's motion to strike affirmative defenses [6-1] (cc: all counsel*) (sl)

Aug. 28, 2003

Aug. 28, 2003

RECAP

SUMMONS issued as to Corporation Service Company (mlk) (Entered: 02/27/2003)

Feb. 25, 2003

Feb. 25, 2003

42

MEMORANDUM, OPINION, AND ORDER: by District Judge James O. Browning denying pltf's motion to clarification of Court's memorandum, opinion and order entered on 8/19/03 [35-1] (cc: all counsel*) (sl)

Oct. 1, 2003

Oct. 1, 2003

RECAP
2

RETURN OF SERVICE of s/c executed upon Corporation Service Company on 2/27/03 (mlk) (Entered: 03/19/2003)

March 17, 2003

March 17, 2003

3

ANSWER by defendant BCI Coca-Cola [1-1]; jury demand (mlk) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

81

MEMORANDUM, OPINION, AND ORDER: by District Judge James O. Browning granting deft BCI'a motion for summary judgment [65-1] dismissing with prejudice deft Coca-Cola Bottling Company of Los Angeles (BCI) (cc: all counsel*) (sl) Modified on 06/14/2004

June 10, 2004

June 10, 2004

RECAP
4

MINUTE ORDER: Case referred from Chief Magistrate Judge Lorenzo F. Garcia to Magistrate Judge Robert H. Scott (cc: all counsel*) (sl) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

158

MEMORANDUM OPINION AND ORDER by District Judge James O. Browning granting in part and denying in part Plaintiff's Motion to Quash Subpoena and/or Motion for Protective Order and Request for Expedited Ruling 107 . (nh)

Feb. 14, 2008

Feb. 14, 2008

RECAP
5

ENTRY OF APPEARANCE for defendant BCI Coca-Cola by Christopher M. Moody, E. Todd Presnell & Kara E. Shea (mlk) (Entered: 03/26/2003)

March 24, 2003

March 24, 2003

159

MEMORANDUM OPINION AND ORDER by District Judge James O. Browning denying Plaintiff's Motion in Limine to Exclude All Evidence Concerning Claimant Not Seeking Professional Counseling 124 . (nh)

Feb. 14, 2008

Feb. 14, 2008

RECAP
6

OPPOSED MOTION by plaintiff to strike affirmative defenses (sl) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

167

MEMORANDUM OPINION AND ORDER by District Judge James O. Browning denying Plaintiff's Motion in Limine to Exclude All Evidence Concerning Claimant's Prior Discipline 126 and Defendant's Motion in Limine to Exclude Evidence of Mr. Peter's Then Undisclosed Explanation for his 1999 Insubordination 128 . (nh)

March 20, 2008

March 20, 2008

RECAP
7

MEMORANDUM by plaintiff in support of motion to strike affirmative defenses [6-1] (sl) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

8

NOTICE by defendants of disclosure statement * (sl) (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

10

INITIAL SCHEDULING ORDER by Magistrate Judge Robert H. Scott Rule 16 scheduling conference set for 6/30/03 at 2:00 pm; provisional discovery plan and IPTR due on 6/23/03 (cc: all counsel*) (sl) (Entered: 04/30/2003)

April 30, 2003

April 30, 2003

11

MOTION by deft BCI Coca-Cola to dismiss claims for lack of subject matter jurisdiction (seal) (Entered: 05/05/2003)

May 5, 2003

May 5, 2003

12

MEMORANDUM by deft BCI Coca-Cola in support of mtn to dismiss claims for lack of subject matter jurisdiction [11-1] (seal) (Entered: 05/05/2003)

May 5, 2003

May 5, 2003

13

REPLY by plaintiff to defts response to motion to strike affirmative defenses [6-1] (sl) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

14

NOTICE by plaintiff of completion of briefing on motion to strike deft's affirmative defenses (sl) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

15

RESPONSE by plaintiff to motion to dismiss claims for lack of subject matter jurisdiction [11-1] (sl) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

16

NOTICE by defendant BCI Coca-Cola of completion of briefing on motion to dismiss claims due to lack of subject matter jurisdiction * (sl) (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

17

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 6/19/03 * (sl) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

18

PROVISIONAL DISCOVERY PLAN by parties (sl) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

19

ORDER by Magistrate Judge Robert H. Scott re initial scheduling conference held on 6/30/03 Discovery cutoff 12/1/03 (cc: all counsel*) (sl) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

20

ORDER by Magistrate Judge Robert H. Scott setting settlement conference for 8/12/03 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

21

CLERK'S MINUTES: before Magistrate Judge Robert H. Scott ; Rule 16 scheduling conference held (sl) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

22

INITIAL PRE-TRIAL REPORT by District Judge C. LeRoy Hansen and Magistrate Judge Robert H. Scott ; Discovery set for 12/1/03 ;mtn filing ddl set for 1/19/04 ; proposed pretrial order due 4/5/04 ; Estimated # of Trial Days: 4-5; Chances of Settlement: fair (cc: all counsel) (sl) Modified on 08/05/2003 (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

23

ORDER by Magistrate Judge Robert H. Scott vacating and resetting settlement conference for 9/18/03 at 9:00 am (cc: all counsel*) (sl) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

24

MINUTE ORDER: Case reassigned from Senior Judge C. LeRoy Hansen to District Judge James O. Browning (cc: all counsel*) (sl) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

25

AMENDED MINUTE ORDER: Case reassigned to District Judge James O. Browning (cc: all counsel*) (sl) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

27

NOTICE of hearing before Judge James O. Browning on motion to dismiss claims for lack of subject matter jurisdiction [11-1] and motion to strike affirmative defenses [6-1] at 1:30 pm on 9/16/03 in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 08/18/2003)

Aug. 15, 2003

Aug. 15, 2003

29

NOTICE of hearing Pretrial conference set for 4/26/04 at 9:00 am; Jury trial set for 5/3/04 at 9:00 am, both before Judge Browning in Albuquerque, NM (cc: all counsel*) (vv) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

30

MINUTE ORDER that discovery matters should be referred to District Judge James Browning, the settlement conference remains scheduled before Magistrate Judge Scott on 9-24-03 (cc: all counsel*) (jrm) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

31

CERTIFICATE of service by plaintiff of response to deft's first set of interrogatories to counsel on 8/22/03* (sl) (Entered: 08/25/2003)

Aug. 22, 2003

Aug. 22, 2003

32

CERTIFICATE of service by plaintiff of answers to deft's first set of request for production of documents to counsel on 8/22/03 (sl) (Entered: 08/25/2003)

Aug. 22, 2003

Aug. 22, 2003

34

MINUTE ORDER: by Judge James Browning vacating motion hearing set for 9/16/03 because motions decided (cc: all counsel*) (sl) Modified on 09/03/2003 (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

35

MOTION by plaintiff to clarification of Court's memorandum, opinion and order entered on 8/19/03 * (sl) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

36

RESPONSE by defendant BCI Coca-Cola to pltf's motion to clarification of Court's Memorandum, Opinion and Order entered on 8/19/03 [35-1]* (sl) Modified on 09/09/2003 (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

37

ORDER by Magistrate Judge Robert H. Scott vacating and resetting settlement conference for 11/7/03 at 10:00 am (cc: all counsel*) (sl) (Entered: 09/16/2003)

Sept. 16, 2003

Sept. 16, 2003

38

NOTICE of hearing before Judge James Browning on motion for clarification of Court's Memorandum, Opinion and Order entered on 8/19/03 [35-1] at 9:00 am on 10/2/03 in Albuquerque, NM (cc: all counsel*) (sl) Modified on 09/24/2003 (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

39

REPLY by plaintiff to deft's response to motion to clarification of Court's Memorandum, Opinion and Order entered on 8/19/03 [35-1] (sl) Modified on 09/24/2003 (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

41

CERTIFICATE of service by plaintiff of second request for production of documents to defts and counsel on 9/29/03* (sl) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

43

CERTIFICATE of service by plaintiff of first request for production of documents to counsel on 9/25/03* (sl) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

44

CERTIFICATE of service by plaintiff EEOC of first set of non-uniform interrogatories to counsel on 9/25/03* (sl) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

45

CLERK'S MINUTES: before District Judge James O. Browning telephonic conference held on discovery matters (sl) (Entered: 10/22/2003)

Oct. 17, 2003

Oct. 17, 2003

46

SETTLEMENT CONFERENCE held before Magistrate Judge Robert Scott (sl) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

47

CERTIFICATE of service by plaintiff of first supplemental initial disclosures to counsel on 11/20/03* (sl) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

48

MOTION by plaintiff to extend time to file motions until 12/18/03 * (sl) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

49

CERTIFICATE of service by plaintiff of third request for production of documents to counsel on 10/8/03* (sl) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

50

ORDER by District Judge James O. Browning granting pltf's motion to extend time to file motions until 12/18/03 [48-1] (cc: all counsel) (sl) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

51

MOTION by plaintiff to extend time to file motions to compel discovery answers until 12/31/03 * (sl) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

52

NOTICE by plaintiff of withdrawal of motion for extension of time to file motions to compel [51-1]* (sl) (Entered: 12/29/2003)

Dec. 29, 2003

Dec. 29, 2003

53

MOTION by plaintiff to extend time to file motions to compel discovery responses * (sl) (Entered: 12/29/2003)

Dec. 29, 2003

Dec. 29, 2003

54

CERTIFICATE of service by plaintiff of fourth request for production of documents to counsel on 12/29/03 * (sl) (Entered: 12/29/2003)

Dec. 29, 2003

Dec. 29, 2003

55

ORDER by District Judge James O. Browning granting pltf's motion to extend time to file motions to compel discovery [53-1] until 12/31/03 (cc: all counsel) (sl) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

56

CERTIFICATE of service by plaintiff EEOC of first request for admissions to counsel on 12/31/03 * (sl) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

57

AMENDED INITIAL PRE-TRIAL REPORT District Judge James O. Browning and Magistrate Judge Robert H. Scott ; Discovery set for 1/31/04 ;mtn filing ddl set for 2/6/04 (cc: all counsel) (sl) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

59

MEMORANDUM by plaintiff in support of the production of Jeff Katt's statement (sl) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

60

MEMORANDUM by defendant Coca-Cola Bottling in opposition to production of statement of Jeff Katt (sl) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

61

MOTION by defendant Coca-Cola Bottling to extend discovery and pretial motion deadlines (sl) (Entered: 02/09/2004)

Feb. 6, 2004

Feb. 6, 2004

62

ORDER by District Judge James O. Browning granting deft's motion to extend discovery and pretial motion deadlines [61-1] Discovery cutoff 2/13/04 ; Motion Filing cutoff 2/20/04 (cc: all counsel) (sl) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

63

ORDER by Magistrate Judge Robert H. Scott granting pltf's memorandum for the production of Jeff Katt's statement [59-1] (cc: all counsel*) (sl) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

64

NOTICE by defendant Coca-Cola Bottling of filing of certificates of service (sl) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

65

MOTION by defendant Coca-Cola Bottling for summary judgment (sl) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

66

MEMORANDUM by defendant Coca-Cola Bottling in support of motion for summary judgment [65-1] (sl) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

67

MOTION to vacate trial setting of 4/26/04 by parties (sl) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

68

MOTION by plaintiff to extend time to respond to deft's motion for summary judgment until 3/17/04 * (sl) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

69

ORDER by District Judge James O. Browning granting pltf's motion to extend time to respond to deft's motion for summary judgment until 3/17/04 [68-1] (cc: all counsel) (sl) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

70

NOTICE of hearing before Judge James Browning on motion for summary judgment [65-1] at 1:30 pm on 4/9/04 in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

71

ORDER by District Judge James O. Browning granting parties motion to vacate trial setting of 4/26/04 [67-1] ; Pretrial conference reset for 5/25/04 at 9:00 am ; Jury trial reset for 6/7/04 at 9:00 am (cc: all counsel) (sl) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

72

MOTION by plaintiff to exceed page limitation for response and exhibits in its opposition to deft's motion for summary judgment * (sl) (Entered: 03/18/2004)

March 17, 2004

March 17, 2004

73

RESPONSE by plaintiff to deft's motion for summary judgment [65-1] * (sl) (Entered: 03/18/2004)

March 17, 2004

March 17, 2004

74

APPENDIX filed by plaintiff re response [73-1] (sl) Modified on 03/22/2004 (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

76

OPPOSED MOTION by plaintiff to exceed page limitation for exhibits in its opposition to deft's motion for summary judgment * (sl) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

77

REPLY by defendant BCI Coca-Cola to response to motion for summary judgment [65-1] (sl) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

78

NOTICE by defendant BCI Coca-Cola of completion of briefing on motion for summary judgment and memorandum in support thereof (sl) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

79

MINUTE ORDER: resetting hearing on motion for summary judgment [65-1] @ 1:30 p.m., on 4/7/04 before Judge Browning in Albuquerque (cc: all counsel*) (pr) (Entered: 04/06/2004)

April 5, 2004

April 5, 2004

80

CLERK'S MINUTES: before District Judge James O. Browning hearing held on deft's motion for summary judgment [65-1] C/R: Danna Everett (sl) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

82

FINAL JUDGMENT: by District Judge James O. Browning dismissing case (cc: all counsel*) (sl) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

TRANSCRIPT OF PROCEEDINGS of motion hearing before District Judge James O. Browning held on 04/07/04; (re [80-1] ) lodged in separate file folder (pg) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

83

MOTION by defendant Coca-Cola Bottling to tax costs in the amount of $11,741.20 (sl) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

84

RESPONSE by plaintiff to motion to tax costs in the amount of $11,741.20 [83-1]* (sl) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

85

APPENDIX filed by plaintiff re response to motion to tax costs [84-1] (sl) (Entered: 07/29/2004)

July 29, 2004

July 29, 2004

86

ERRATA by plaintiff to response to motion to tax costs [84-1] (sl) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

87

NOTICE OF APPEAL by pltf from Dist. Court decision [82-2] and [81-1]; Fees not necessary - Distribution as required. (cc: all counsel) (mjr) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

LETTER to USCA re; transmitting PROA on 8/27/04 (mjr) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

ACKNOWLEDGEMENT of receipt of preliminary record by USCA on 09/03/04 - USCA Number: 04-2220 (pg) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

89

MOTION by plaintiff for stay of further proceedings on Clerk's Order Settling Costs pending Appeal * (pr) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

90

RESPONSE by defendant to motion for stay of further proceedings on Clerk's Order Settling Costs pending Appeal [89-1] * (sl) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

91

TRANSCRIPT Order Form (TOF) from Appellant. Transcript is already on file re [87-1] (pg) (Entered: 09/29/2004)

Sept. 27, 2004

Sept. 27, 2004

LETTER sent to USCA record complete transcript of proceedings on file [87-1] (pg) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

92

REPLY by plaintiff to response to motion for stay of further proceedings on Clerk's Order Settling Costs pending Appeal [89-1] * (sl) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

93

CERTIFIED Copy of judgment from USCA reversing and remanding the Decision of the District Court [Appeal [87-1] (case re-opened 08/02/06 cc: KS) (pg) Modified on 08/03/2006 (Entered: 08/03/2006)

Aug. 2, 2006

Aug. 2, 2006

94

COPY of USCA Order: Statement of Costs are taxed in favor of appellant $562.25 (pg) (Entered: 08/03/2006)

Aug. 2, 2006

Aug. 2, 2006

95

ORDER by District Judge James O. Browning granting pltf's mtn for stay of further proceedings on Clerk's Order Settling Costs pending Appeal [89-1] (cc: all counsel)* (jm) (Entered: 10/02/2006)

Sept. 30, 2006

Sept. 30, 2006

96

LETTER re Petition for Writ of Certiorari was granted (pg) (Entered: 03/12/2007)

Feb. 13, 2007

Feb. 13, 2007

97

LETTER transmitting original case file in four volumes to the U.S. Supreme Court (pg) (Entered: 03/08/2007)

March 7, 2007

March 7, 2007

99

NOTICE by Equal Employment Opportunity Commission of Unavailability 7/30/07-8/10/07 (Molina, Veronica) Modified re: add dates on 6/28/2007 (jm). (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 30, 2002

Closing Date: April 11, 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

BCI Coca-Cola Bottling Company of Los Angeles (Albuquerque, NM), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 250000

Order Duration: 2004 - 2006

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits