Case: EEOC v. Les Schwab Tire Centers

2:06-cv-00761 | U.S. District Court for the Western District of Washington

Filed Date: May 31, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On May 31, 2006, two women brought suit against their former employer, Les Schwab Tire Centers of Washington, and other related corporations, alleging discrimination on the basis of their sex in violation of Title VII of the Civil Rights Act of 1964 and the Washington Law Against Discrimination. The plaintiff's’ complaint, filed in the U.S. District Court for the District of Western Washington (Judge Ricardo Martinez), alleged that the plaintiffs and a class of similarly situated individuals em…

On May 31, 2006, two women brought suit against their former employer, Les Schwab Tire Centers of Washington, and other related corporations, alleging discrimination on the basis of their sex in violation of Title VII of the Civil Rights Act of 1964 and the Washington Law Against Discrimination. The plaintiff's’ complaint, filed in the U.S. District Court for the District of Western Washington (Judge Ricardo Martinez), alleged that the plaintiffs and a class of similarly situated individuals employed by the defendant were denied promotions, training, and other employment opportunities because of their sex. The plaintiffs sought relief in the form of monetary damages.

On July 7, 2006, this matter was consolidated with a lawsuit by the Equal Employment Opportunity Commission, which received a filed discrimination charge by the named plaintiffs, alleging similar claims of a pattern and practice of sex-based employment discrimination.

On July 18, 2006, the plaintiffs filed an amended complaint that provided additional factual detail and further clarified the plaintiffs’ allegations of discrimination on the basis of gender with respect to the defendants’ policies and practices that emphasized subjective gender based and/or arbitrary criteria in employment decisions, excluding women from management positions through the use of relocation requirements, and retaliating against female employees who complained of unequal treatment. The complaint alleged both disparate treatment and disparate impact theories.

On August 1, 2006, the EEOC filed a complaint against the defendants also alleging the defendants violated Title VII of the Civil Rights Act by failing to train and promote the plaintiff and a class of women similarly situated for management positions and for discriminatory hiring practices based on the plaintiff’s charge filed with the EEOC.

Around that time, the parties engaged in discovery and a protective order was ordered on December 11, 2006.

The court denied the plaintiffs’ motion to certify a class on August 8, 2008 because the court found the plaintiffs failed to show that there were common questions of fact.

On November 10, 2008, the court granted the EEOC’s motion to bifurcate the trial and discovery and severed the individual plaintiff’s claims from the EEOC’s claims.

One of the defendants, Les Schwab Warehouse Center, moved for partial summary judgment because it was not included as an employer that could be liable under Title VII. On January 21, 2009, the court granted the motion in part, agreeing that it is not liable under Title VII, but denied it in part, finding that the entity could still be liable under the Washington Law Against Discrimination.

Between May and June 2009, the defendants filed five motions for summary judgment on various claims brought by the plaintiff. On September 3, 2009, the court granted the defendants’ motion for partial summary judgment on the promotion claim, finding that the plaintiffs did not meet their burden in providing direct evidence to support the claim. On September 8, the court denied the remaining two motions for summary judgment, finding that there remained disputed issues of fact for a jury to determine on the plaintiffs’ remaining claims.

Trial was held from November 3 to November 6, 2009 for the named individuals’ claims. On November 9, the jury returned a special verdict in favor of the plaintiffs and awarded them $85,200 ($42,600 each) for past and future emotional distress and punitive damages totaling $200,000 ($100,000 each). The court entered judgment for the plaintiffs on November 13, 2009. On January 8, 2010, the court denied the defendant’s motion for a new trial. On June 1, 2010, the court ordered the defendant to pay the individual plaintiffs $583,930 in attorney’s fees and $47,218 in expenses.

Regarding the EEOC’s remaining claims, the court denied defendant’s motions for summary judgement on January 11 and 12, 2010 and set a date for trial in March 2010 following mediation.

On the eve of trial, the EEOC and the defendants filed a notice of a proposed settlement and consent decree. The court approved the consent decree on March 10, 2010. The consent decree required the defendants to provide $2,000,000 to establish a settlement class fund, as well as injunctive relief in the form of a training program and policy changes regarding the defendant’s recruitment efforts and hiring, and annual reporting requirements for a four-year period.

Summary Authors

Kevin Wilemon (8/21/2008)

Sean Mulloy (2/11/2018)

Related Cases

Strange et al v. Les Schwab Tire Centers of Oregon Inc et al, Western District of Washington (2006)

People


Judge(s)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Bannon, Jeffrey C. (District of Columbia)

Beck, James Walter (Washington)

Che, May (Washington)

Cheung, Raymond T. (California)

Cooper, Ronald S. (District of Columbia)

Cox, Lisa Ann (Washington)

Ellsworth, Lewis Lynn (Washington)

Flores, Carmen (Washington)

Healy, Teri L. (Washington)

Judge(s)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Bannon, Jeffrey C. (District of Columbia)

Beck, James Walter (Washington)

Che, May (Washington)

Cheung, Raymond T. (California)

Cooper, Ronald S. (District of Columbia)

Cox, Lisa Ann (Washington)

Ellsworth, Lewis Lynn (Washington)

Flores, Carmen (Washington)

Healy, Teri L. (Washington)

Katahira, Wesley (Washington)

Kucuk, Molly P. (Washington)

Lee, Damien A. (Washington)

Martin, Warren E. (Washington)

Powell, Mary Brye (Washington)

Reams, Gwendolyn Young (District of Columbia)

Stanley, John F. (Washington)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Diamond, Kenneth J. (Washington)

Eberhardt, Charles N. (Washington)

Hollingsworth, Jeffrey Alan (Washington)

Petersen, Chelsea D. (Washington)

Stafford, William B (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Les Schwab Tire Centers of Washington

Jan. 11, 2006 Docket
1-1

Complaint

EEOC v. Les Schwab Tire Centers of Washington

May 31, 2006 Complaint

EEOC Press Release: "Les Schwab Tire Centers Exclude Women from Management, EEOC Charges in Sex Suit"

No Court

May 31, 2006 Press Release
18

Order on Stipulation to Consolidate Cases

Strange v. Les Schwab Tire Centers of Oregon, Inc.

July 14, 2006 Order/Opinion
20

First Amended Complaint

Strange v. Les Schwab Tire Centers of Oregon

July 18, 2006 Complaint
24

Equal Employment Opportunity Commission v. Les Schwab Tire Centers of Washington

Complaint

Aug. 1, 2006 Complaint
33

Protective Order

Strange v. Les Schwab Tire Centers of Oregon, Inc.

Dec. 11, 2006 Order/Opinion
36

Plaintiff EEOC's First Amended Complaint

Strange v. Les Schwab Tire Centers of Oregon, Inc.

Feb. 15, 2007 Complaint
71

Order on Second Motion for Class Certification

Strange v. Les Schwab Tire Centers of Oregon

Aug. 8, 2008 Order/Opinion
73

Plaintiff EEOC's Motion to Bifurcate Trial and Discovery

Strange v. Les Schwab Tire Centers of Oregon, Inc.

Sept. 25, 2008 Pleading / Motion / Brief

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendant(s) Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc (Summons(es) issued) (Receipt # 802355), filed by Jennifer Strange, Magen Morris. (Attachments: # 1 Civil Cover Sheet)(DJ) (Entered: 01/13/2006)

Jan. 11, 2006
2

WAIVER OF SERVICE of summons upon defendant Les Schwab Tire Centers of California Inc mailed on 2/10/2006; Les Schwab Tire Centers of Washington Inc mailed on 2/10/2006; Les Schwab Tire Centers of Montana Inc mailed on 2/10/2006; Les Schwab Tire Centers of Nevada Inc mailed on 2/10/2006; Les Schwab Tire Centers of Utah Inc mailed on 2/10/2006; Les Schwab Warehouse Centers Inc mailed on 2/10/2006; Les Schwab Tire Centers of Oregon Inc mailed on 2/10/2006; Les Schwab Tire Centers of Portland Inc mailed on 2/10/2006; Les Schwab Tire Centers of Idaho Inc mailed on 2/10/2006; Les Schwab Tire Centers of Boise Inc mailed on 2/10/2006 (Ellsworth, Lewis) (Entered: 03/08/2006)

March 8, 2006
3

NOTICE of Appearance by attorney Kenneth J Diamond on behalf of Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc (Diamond, Kenneth) (Entered: 04/10/2006)

April 10, 2006
4

NOTICE of Appearance by attorney Jeffrey Alan Hollingsworth on behalf of Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc (Hollingsworth, Jeffrey) (Entered: 04/10/2006)

April 10, 2006
5

ANSWER to Complaint by Les Schwab Tire Centers of Washington Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc.(Hollingsworth, Jeffrey) (Entered: 04/10/2006)

April 10, 2006
6

MOTION to Dismiss by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc. Noting Date 5/5/2006. (Hollingsworth, Jeffrey) (Entered: 04/10/2006)

April 10, 2006
8

RESPONSE, by Plaintiffs Jennifer Strange, Magen Morris, to 6 MOTION to Dismiss. (Attachments: # 1 Certificate of Service)(Martin, Warren) (Entered: 04/24/2006)

April 24, 2006
9

DECLARATION of Warren Martin filed by Plaintiffs Jennifer Strange, Magen Morris re 6 MOTION to Dismiss (Martin, Warren) (Entered: 04/24/2006)

April 24, 2006
10

MOTION for Leave to File Amended Complaint by Plaintiffs Jennifer Strange, Magen Morris. Noting Date 5/19/2006. (Attachments: # 1 Proposed Order)(Martin, Warren) (Entered: 04/24/2006)

April 24, 2006
11

REPLY, filed by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc, TO RESPONSE to 6 MOTION to Dismiss (Hollingsworth, Jeffrey) (Entered: 05/05/2006)

May 5, 2006
12

RESPONSE, by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc, to 10 MOTION for Leave to File Amended Complaint . (Hollingsworth, Jeffrey) (Entered: 05/15/2006)

May 15, 2006
13

REPLY, filed by Plaintiffs Jennifer Strange, Magen Morris, TO RESPONSE to 10 MOTION for Leave to File Amended Complaint (Attachments: # 1 Certificate of Service)(Martin, Warren) (Entered: 05/19/2006)

May 19, 2006
14

REPLY, filed by Plaintiffs Jennifer Strange, Magen Morris, TO RESPONSE to 10 MOTION for Leave to File Amended Complaint (Attachments: # 1 Certificate of Service)(Ellsworth, Lewis) (Entered: 06/13/2006)

June 13, 2006
15

STIPULATION AND PROPOSED ORDER Granting Leave to Amend and Striking Motion to Dismiss by parties. (Attachments: # 1 Exhibit 1)(Diamond, Kenneth) (Entered: 06/30/2006)

June 30, 2006
16

STIPULATION AND PROPOSED ORDER To Consolidate Cases and Order by parties. (Diamond, Kenneth) (Entered: 06/30/2006)

June 30, 2006
17

ORDER striking 6 Motion to Dismiss as moot and granting 10 Motion for Leave to File First Amended Complaint by Judge Ricardo S Martinez.(RS, ) (Entered: 07/14/2006)

July 14, 2006
18

ORDER to Consolidate re 16 Stipulation to consolidate cases C06−45RSM and C06−761MAT by Judge Ricardo S Martinez. (RS, ) (Entered: 07/14/2006)

July 14, 2006
19

NOTICE of Appearance by attorney Molly P Kucuk on behalf of Plaintiff Equal Employment Opportunity Commission (Kucuk, Molly) (Entered: 07/17/2006)

July 17, 2006
20

AMENDED COMPLAINT against defendant(s) all defendants with JURY DEMAND, filed by Jennifer Strange, Magen Morris.(Ellsworth, Lewis) (Entered: 07/18/2006)

July 18, 2006
21

CERTIFICATE OF SERVICE by Plaintiffs Jennifer Strange, Magen Morris re 20 Amended Complaint. (Ellsworth, Lewis) (Entered: 07/18/2006)

July 18, 2006
22

ANSWER to Complaint of EEOC by Les Schwab Tire Centers of Washington Inc, Les Schwab Warehouse Centers Inc.(Hollingsworth, Jeffrey) (Entered: 07/26/2006)

July 26, 2006
24

COMPLAINT Equal Employment Opportunity Commission, Plaintiff, against defendant(s) Les Schwab Tire Centers of Washington Inc, Les Schwab Warehouse Centers Inc (Summons(es) issued) (Receipt # fee waived), filed by Equal Employment Opportunity Commission.(Kucuk, Molly) (Entered: 08/01/2006)

Aug. 1, 2006
25

ANSWER to Amended Complaint by Les Schwab Tire Centers of Washington Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc.(Hollingsworth, Jeffrey) (Entered: 08/07/2006)

Aug. 7, 2006
26

STIPULATION AND PROPOSED ORDER TO EXTEND 26(f) CONFERENCE DEADLINE UNTIL AUGUST 30, 2006 by parties. (Kucuk, Molly) (Entered: 08/29/2006)

Aug. 29, 2006
27

ORDER EXTENDING DEADLINE FOR FRCP 26(f) CONFERENCE re 26 Stipulation : FRCP 26f Conference Deadline is 8/30/2006, by Judge Ricardo S Martinez. (LT, ) (Entered: 08/30/2006)

Aug. 30, 2006
28

(DUPLICATE ENTRY)ORDER by Judge Ricardo S Martinez. The Court extends the FRCP 26f Conference Deadline to 8/30/2006.(CL, ) Modified on 8/30/2006 (CL, ). (Entered: 08/30/2006)

Aug. 30, 2006

Reset Deadlines (per parties' request): Initial Disclosure Deadline is 9/7/2006. (LC, ) (Entered: 09/05/2006)

Sept. 5, 2006
29

JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 20 by Plaintiffs Equal Employment Opportunity Commission, Equal Employment Opportunity Commission.(Kucuk, Molly) (Entered: 09/12/2006)

Sept. 12, 2006
30

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *20 days*. Jury Trial is set for 2/25/2008 at 09:00 AM before Hon. Ricardo S Martinez. Joinder of Parties due by 2/1/2007; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/29/2007; Motions due by 9/28/2007; Discovery completed by 10/29/2007; Dispositive motions due by 11/27/2007; 39.1 mediation to be completed by 1/11/2008; Motions in Limine due by 1/28/2008; Pretrial Order due by 2/13/2008; Trial briefs to be submitted by 2/20/2008; Proposed voir dire/jury instructions due by 2/20/2008; by Judge Ricardo S Martinez. (LC, ) (Entered: 09/25/2006)

Sept. 25, 2006
31

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Lisa Ann Cox is substituted as counsel for Plaintiff. Attorney Carmen Flores terminated. (Attachments: # 1 Certificate of Service)(Cox, Lisa) (Entered: 10/26/2006)

Oct. 26, 2006
32

STIPULATION AND PROPOSED ORDER (PROTECTIVE ORDER) by parties. (Hollingsworth, Jeffrey) (Entered: 12/05/2006)

Dec. 5, 2006
33

PROTECTIVE ORDER by Judge Ricardo S Martinez. (RS, ) (Entered: 12/12/2006)

Dec. 11, 2006
34

Agreed Stipulated MOTION TO JOIN ADDITIONAL PARTY DEFENDANTS by Plaintiff Equal Employment Opportunity Commission. Noting Date 2/1/2007. (Attachments: # 1 Proposed Order # 2 Exhibit Proposed Plaintiff EEOC First Amended Complaint# 3 Certificate of Service)(Stanley, John) (Entered: 02/01/2007)

Feb. 1, 2007
36

AMENDED COMPLAINT against defendant(s) all defendants with JURY DEMAND, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Stanley, John) (Entered: 02/15/2007)

Feb. 15, 2007
37

ANSWER to Amended Complaint of EEOC by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc.(Hollingsworth, Jeffrey) (Entered: 03/02/2007)

March 2, 2007
38

Agreed MOTION TO CONTINUE PRETRIAL AND TRIAL DATES by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order On Agreed Motion to Continue Pretrail and Trial Dates)Noting Date 3/20/2007.(Stanley, John) (Entered: 03/20/2007)

March 20, 2007
39

ORDER granting 38 Agreed MOTION TO CONTINUE PRETRIAL AND TRIAL DATES ; Jury Trial is set for 8/25/2008 at 09:00 AM before Hon. Ricardo S Martinez.,Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/29/2008,Motions due by 3/28/2008,Discovery completed by 4/28/2008,Dispositive motions due by 5/27/2008,Motions in Limine due by 7/28/2008,Pretrial Order due by 8/13/2008,Trial briefs to be submitted by 8/20/2008,Proposed voir dire/jury instructions due by 8/20/2008 by Judge Ricardo S Martinez. (RS, ) (Entered: 03/23/2007)

March 22, 2007
40

NOTICE of Unavailability of counsel Warren E Martin for Plaintiffs Equal Employment Opportunity Commission, Jennifer Strange, Magen Morris from 06/12/07 to 07/02/07. (Attachments: # 1 Certificate of Service)(Martin, Warren) (Entered: 05/24/2007)

May 24, 2007
41

NOTICE of Unavailability of counsel Lewis Lynn Ellsworth for Plaintiffs Jennifer Strange, Magen Morris from 06/18/07 to 07/08/07. (Ellsworth, Lewis) (Entered: 06/11/2007)

June 11, 2007
42

NOTICE of Unavailability of counsel John Freeman Stanley for Plaintiff Equal Employment Opportunity Commission (Stanley, John) (Entered: 06/20/2007)

June 20, 2007
43

NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission. (Lee, Damien) (Entered: 06/27/2007)

June 27, 2007
44

MOTION for Extension of Time for Expert Report by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Stanley Decl. in Support of EEOC's Motion to Enlarge Time for Expert Report# 2 Attach. A to Stanley Decl. in Support of Motion to Enlarge Time for Expert Report# 3 Exhibit Lee Declaration in Support of Motion to Enlarge Time for Expert Report# 4 Attach A to DAL Decl# 5 Attach B to DAL Decl# 6 Attach C to DAL Decl# 7 Attach D to DAL Decl# 8 Attach E to DAL Decl# 9 Proposed Order # 10 Certificate of Service)Noting Date 12/10/2007.(Lee, Damien) (Entered: 12/03/2007)

Dec. 3, 2007
45

WITHDRAWAL of Motion re 44 MOTION for Extension of Time for Expert Report ; by Plaintiff Equal Employment Opportunity Commission. (Lee, Damien) (Entered: 12/07/2007)

Dec. 7, 2007
46

Second Stipulated MOTION to Continue Pretrial and Trial Dates by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)Noting Date 12/10/2007.(Lee, Damien) (Entered:

Dec. 10, 2007
48

NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission. (Lee, Damien) (Entered: 12/26/2007)

Dec. 26, 2007
49

MOTION to Certify Class by Plaintiffs Jennifer Strange, Magen Morris. (Attachments: # 1 Certificate of Service # 2 Proposed Order)Noting Date 4/11/2008.(Martin, Warren) (Entered: 02/14/2008)

Feb. 14, 2008
50

DECLARATION of Magen Morris filed by Plaintiffs Jennifer Strange, Magen Morris re 49 MOTION to Certify Class (Martin, Warren) (Entered: 02/14/2008)

Feb. 14, 2008
51

DECLARATION of Jennifer Strange filed by Plaintiffs Jennifer Strange, Magen Morris re 49 MOTION to Certify Class (Martin, Warren) (Entered: 02/14/2008)

Feb. 14, 2008
52

DECLARATION of Warren Martin filed by Plaintiffs Jennifer Strange, Magen Morris re 49 MOTION to Certify Class (Attachments: # 1 Exhibit Exhibit D)(Martin, Warren) (Entered: 02/14/2008)

Feb. 14, 2008
53

RESPONSE, by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc, to 49 MOTION to Certify Class. Oral Argument Requested. (Hollingsworth, Jeffrey) (Entered: 03/28/2008)

March 28, 2008
54

DECLARATION of Jeffrey A. Hollingsworth filed by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc re 49 MOTION to Certify Class (Attachments: # 1 Exhibit A−pp 5−22# 2 Exhibit B−pp 23−73# 3 Exhibit B−pp 74−118# 4 Exhibit B−pp 119−159# 5 Exhibit B−pp 160−179# 6 Exhibit C−pp 180−211# 7 Exhibit D − pp 212−217# 8 Exhibit E − pp 218−247# 9 Exhibit F − pp 248−263# 10 Exhibit G − pp 264−290# 11 Exhibit H − pp 291−292)(Hollingsworth, Jeffrey) (Entered: 03/28/2008)

March 28, 2008
55

DECLARATION of Jodie W. Hueske filed by Defendants Les Schwab Tire Centers of California Inc, Les Schwab Tire Centers of Washington Inc, Les Schwab Tire Centers of Montana Inc, Les Schwab Tire Centers of Nevada Inc, Les Schwab Tire Centers of Utah Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc, Les Schwab Tire Centers of Idaho Inc, Les Schwab Tire Centers of Boise Inc re 49 MOTION to Certify Class (Hollingsworth, Jeffrey) (Entered: 03/28/2008)

March 28, 2008

Attorney Chelsea D Petersen for Les Schwab Tire Centers of Washington Inc, Les Schwab Warehouse Centers Inc, Les Schwab Tire Centers of Oregon Inc, Les Schwab Tire Centers of Portland Inc added per 53 Response. (KN, ) (Entered: 03/31/2008)

March 31, 2008
57

REPLY, filed by Plaintiffs Jennifer Strange, Magen Morris, TO RESPONSE to 49 MOTION to Certify Class (Martin, Warren) (Entered: 04/11/2008)

April 11, 2008
58

Supplemental DECLARATION of Warren Martin filed by Plaintiffs Jennifer Strange, Magen Morris re 49 MOTION to Certify Class (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Martin, Warren) (Entered: 04/11/2008)

April 11, 2008
59

CERTIFICATE OF SERVICE by Plaintiffs Jennifer Strange, Magen Morris re 58 Declaration, 57 Reply to Response to Motion for Class Certification . (Martin, Warren) (Entered: 04/11/2008)

April 11, 2008
60

Joint MOTION for Extension of Time (Third Agreed Motion to Continue Pretrial and Trial Dates) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order) Noting Date 5/6/2008; (Lee, Damien) (Entered: 05/06/2008)

May 6, 2008
61

RESPONSE, by Plaintiffs Jennifer Strange, Magen Morris, to 60 Joint MOTION for Extension of Time (Third Agreed Motion to Continue Pretrial and Trial Dates) . (Attachments: # 1 Certificate of Service)(Martin, Warren) (Entered: 05/07/2008)

May 7, 2008
62

ORDER denying as untimely 49 Motion to Certify Class by Judge Ricardo S Martinez.(MKB) (Entered: 05/07/2008)

May 7, 2008
63

ORDER granting 60 Motion for Extension of Time; ( Jury Trial is set for 5/18/2009 at 09:00 AM before Judge Ricardo S Martinez., Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/26/2008;, Motions due by 10/24/2008;, Discovery completed by 11/28/2008;, Dispositive motions due by 1/2/2009;, Motions in Limine due by 3/13/2009;, Pretrial Order due by 4/10/2009;, Trial briefs to be submitted by 4/17/2009;, Proposed voir dire/jury instructions due by 4/17/2009; ) by Judge Ricardo S Martinez.(RS, ) (Entered: 05/13/2008)

May 12, 2008
64

Second MOTION to Certify Class by Plaintiffs Jennifer Strange, Magen Morris. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) Noting Date 5/30/2008; (Martin, Warren) (Entered: 05/15/2008)

May 15, 2008
65

MOTION to Dismiss Claims Under Oregon Law by Plaintiffs Jennifer Strange, Magen Morris. (Attachments: # 1 Proposed Order) Noting Date 5/30/2008; (Martin, Warren) (Entered: 05/15/2008)

May 15, 2008
66

Second MOTION to Certify Class (Amended to Include Exhibit) by Plaintiffs Jennifer Strange, Magen Morris. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Certificate of Service) Noting Date 5/30/2008; (Martin, Warren) (Entered: 05/15/2008)

May 15, 2008

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Private Employment Class Actions

Key Dates

Filing Date: May 31, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission and female employees of Les Schwab Tire Centers

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Les Schwab Tire Centers Washington Inc, Private Entity/Person

Les Schwab Tire Centers Washington Inc., Private Entity/Person

Les Schwab Tire Centers of Oregon Inc, Private Entity/Person

Les Schwab Tire Centers of Portland Inc, Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,000,000

Order Duration: 2010 - 2014

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Recordkeeping

Reporting

Training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Hiring

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

Promotion

Training

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Suit Related / Consolidated with EEOC Suit