Case: EEOC v. Antigua, Inc., d/b/a/ Miki's Coffee Shop

1:01-cv-00861 | U.S. District Court for the District of New Mexico

Filed Date: July 26, 2001

Closed Date: Feb. 3, 2003

Clearinghouse coding complete

Case Summary

In this Title VII case, brought in the District of New Mexico by the EEOC's Washington, D.C. office (along with the Phoenix and Albuquerque offices) in July 2001, the complaint alleged that the defendant sexually harassed, including sexually assaulted, and discriminated against the fifteen year old female charging party because of her sex. The charging party intervened in the suit in February 2002 (adding causes of action for state law claims). The defendant filed for bankruptcy in January 2002…

In this Title VII case, brought in the District of New Mexico by the EEOC's Washington, D.C. office (along with the Phoenix and Albuquerque offices) in July 2001, the complaint alleged that the defendant sexually harassed, including sexually assaulted, and discriminated against the fifteen year old female charging party because of her sex. The charging party intervened in the suit in February 2002 (adding causes of action for state law claims). The defendant filed for bankruptcy in January 2002. The court entered a default judgment in favor of the EEOC and the charging party in March and October of 2002.

The default judgment required the defendant to pay the charging party $50,000 in compensatory and punitive damages under Title VII, $3,240 in back pay under Title VII, $1,000,000 for severe pain, trauma, and permanent psychological injury, $200,000 in punitive damages, and reasonable attorney fees. The defendant was also required to enjoin from discrimination based on sex, to institute and carry out policies, practices, and programs of equal opportunity, and to report to the EEOC if it plans to reenter business in New Mexico.

Summary Authors

Kevin Wilemon (5/31/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5131118/parties/eeoc-v-antigua-inc/

Documents in the Clearinghouse

Document

1:01-cv-00861

Docket (PACER)

EEOC v. Antigua, Inc.

Feb. 3, 2003

Feb. 3, 2003

Docket
1

1:01-cv-00861

Complaint

EEOC v. Antigua, Inc.

July 26, 2001

July 26, 2001

Complaint
11

1:01-cv-00861

Complaint in Intervention

EEOC v. Antigua, Inc.

March 7, 2002

March 7, 2002

Complaint
13

1:01-cv-00861

Order of Judgment by Default

EEOC v. Antigua, Inc.

March 29, 2002

March 29, 2002

Order/Opinion
24

1:01-cv-00861

Order of Judgment by Default

EEOC v. Antigua, Inc.

Oct. 4, 2002

Oct. 4, 2002

Order/Opinion
35

1:01-cv-00861

Order Adopting Magistrate Judge’s Proposed Findings and Recommended Disposition and Final Judgment

EEOC v. Antigua, Inc.

Feb. 3, 2003

Feb. 3, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5131118/eeoc-v-antigua-inc/

Last updated May 20, 2022, 12:30 a.m.

ECF Number Description Date Link Date / Link
29

PROPOSED Findings of Fact and Conclusions of Law by intervenor Michelle Jaramillo (vv)

Nov. 21, 2002

Nov. 21, 2002

RECAP
1

COMPLAINT re: civil rights w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge Karen B. Molzen) (eg) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

33

RECOMMENDED DISPOSITION by Magistrate Judge Molzen concerning entering judgment against deft in conformity therewith (cc: all counsel*) (vv)

Dec. 31, 2002

Dec. 31, 2002

RECAP

LETTER re: consent to proceed before a US Magistrate Judge (eg) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

2

NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (rd) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

3

MINUTE ORDER: Case assigned to Senior Judge E. L. Mechem (cc: all counsel*) (rd) (Entered: 08/08/2001)

Aug. 8, 2001

Aug. 8, 2001

5

AFFIDAVIT of Veronica A Molina reg motion to extend time by 90 days in which to serve the complaint [4-1] & motion for order permitting re- issuance of a summons [4-2] (vv) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

6

ORDER by Senior Judge E. L. Mechem granting pltf's motion to extend time by 90 days in which to serve the complaint [4-1] & motion for order permitting re-issuance of a summons [4-2] (cc: all counsel) (vv) (Entered: 12/03/2001)

Nov. 30, 2001

Nov. 30, 2001

SUMMONS issued as to deft Antigua Inc (vv) (Entered: 12/20/2001)

Dec. 20, 2001

Dec. 20, 2001

7

NOTICE by deft (Mary M Morales & Mario M Morales) of filing bankruptcy (vv) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

8

MOTION by intervenor Michelle Jaramillo to intervene as pltf (ild) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

9

ORDER by Senior Judge E. L. Mechem granting intervenor's motion to intervene as pltf [8-1] (cc: all counsel) (vv) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

10

MOTION by pltf for default judgment against deft Antigua, Inc. (vv) (Entered: 02/26/2002)

Feb. 26, 2002

Feb. 26, 2002

11

INTERVENOR'S COMPLAINT by intervenor Michelle Jaramillo (vv) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

12

CLERK'S ENTRY OF DEFAULT as to deft (cc: all counsel) (vv) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

13

ORDER of judgment by default by Senior Judge E. L. Mechem granting motion for default judgment against deft Antigua, Inc. [10-1] dismissing case (cc: all counsel) (jrm) (Entered: 03/29/2002)

March 29, 2002

March 29, 2002

14

ORDER by Magistrate Judge Karen B. Molzen setting an evidentiary hearing on damages for 5/7/02 at 1:30 pm in Las Cruces, NM (cc: all counsel*) (vv) Modified on 05/08/2002 (Entered: 04/17/2002)

April 17, 2002

April 17, 2002

15

CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen re Evidentiary hearing on damages re Order of Judgment by default entered on 3/29/02; C/R: Vanessa Arrieta (vv) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

16

ORDER by Magistrate Judge Karen B. Molzen that matter will be taken under advisement pending service of the complaint in intervention (cc: all counsel*) (vv) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

SUMMONS issued as to deft Antigua, Inc. re complaint in intervention (vv) (Entered: 05/08/2002)

May 8, 2002

May 8, 2002

17

NOTICE by intervenor of filng return of service (vv) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

19

ORDER by Magistrate Judge Karen B. Molzen that pltf in intervention responds to deft's mtn for extension of time to answer by 6/25/02 [18-1] (cc: all counsel*) (vv) Modified on 06/13/2002 (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

20

RESPONSE by intervenor pltf to deft's mtn for extension of time to file an answer [18-1] (vv) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

21

ORDER by Magistrate Judge Karen B. Molzen granting deft's motion to extend time in which to file an answer [18-1]; answer due 8/2/02 to complaint in intervention (cc: all counsel*) (vv) (Entered: 07/08/2002)

July 5, 2002

July 5, 2002

22

MOTION by intervenor Michelle Jaramillo for default judgment against deft Antigua, Inc. (vv) (Entered: 09/12/2002)

Sept. 10, 2002

Sept. 10, 2002

23

CLERK'S ENTRY OF DEFAULT as to deft Antigua, Inc. [22-1] (cc: all counsel*) (vv) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

24

DEFAULT JUDGMENT by Senior Judge E. L. Mechem granting pltf in intervention's motion for default judgment against deft Antigua, Inc. [22- 1] dismissing case (cc: all counsel) (vv) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

25

ORDER by Magistrate Judge Karen B. Molzen Telephonic Status hearing set for 10/17/02 at 2:00 pm (cc: all counsel*) (vv) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

26

NOTICE of hearing Telephonic Status hearing reset for 10/21/02 at 1:30 pm before Magistrate Judge Molzen (cc: all counsel*) (vv) (Entered: 10/09/2002)

Oct. 9, 2002

Oct. 9, 2002

27

NOTICE of evidentiary hearing before Magistrate Judge Molzen on damages on 11/27/02 at 9:00 am in Albuquerque, NM (cc: all counsel*) (vv) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

28

CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen Telephonic Status hearing held Clerk/Dixie Doughty (vd) (Entered: 10/23/2002)

Oct. 21, 2002

Oct. 21, 2002

30

CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen re evidentiary hearing on damages; C/R: Irene Delgado (vv) (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

31

EXHIBIT list by intervenor Michelle Jaramillo (vv) (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

TRANSCRIPT OF PROCEEDINGS of evidentiary hearing before Magistrate Judge Karen B. Molzen held on 11/27/02; (re [30-1] ) lodged in separate file folder (pg) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

TRANSCRIPT OF PROCEEDINGS before Magistrate Judge Karen B. Molzen of evidentiary hearing held on 11/27/02; (re [30-1]) lodged in separate file folder (dmw) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

32

APPENDIX filed by plaintiff re proposed conclusions of law [29-1] (vv) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

34

MINUTE ORDER: Case reassigned from Senior Judge Mechem to Senior Judge John E. Conway (cc: all counsel*) (vv) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

35

ORDER by Senior Judge John E. Conway adopting RECOMMENDED DISPOSITION [33-1] (cc: all counsel*) (vv) Modified on 02/04/2003 (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

36

FINAL JUDGMENT: by Senior Judge John E. Conway re Order [35-1] dismissing case (cc: all counsel*) (vv) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 26, 2001

Closing Date: Feb. 3, 2003

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

Antigua, Inc. (Gallup, NM), Private Entity/Person

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 1253240

Content of Injunction:

Develop anti-discrimination policy

Reporting

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit