Case: EEOC v. Albertson's, Inc. and Albertson's, LLC

1:06-cv-01273 | U.S. District Court for the District of Colorado

Filed Date: June 30, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for the District of Colorado, alleging discrimination based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the de…

In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for the District of Colorado, alleging discrimination based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants maintained a hostile work environment and subjected the complaining parties to other adverse terms and conditions of employment.

The plaintiffs alleged long-term, continuing, and pervasive harassment and discrimination by supervisors and co-workers, including offensive and disparaging racial comments and graffiti, assignment of minorities to harder and less desirable duties, favoring of non-minorities in promotions, disciplining minorities more harshly, and Albertson’s failure to take appropriate, timely, and effective remedial action.

Supervalu, Inc. and Cerberus Capital Management, L.P. were dismissed from the lawsuit in October 2006. The parties engaged in discovery from 2006 through 2009. On December 3, 2007, the Court (Judge Wiley Y. Daniel) granted motions to allow four plaintiff intervenors to intervene, and the four plaintiff intervenors filed complaints that day.

On April 28, 2008, the parties filed cross motions for summary judgment. The case was reassigned to Judge Christine M. Arguello on October 22, 2008. Proceedings were stayed beginning in February, 2009 pending negotiation and finalization of a consent decree. At the time the consent decree was developed, Albertsons had represented that it planned to close its Colorado distribution center in late fall 2009 for business reasons unrelated to the action.

On December 11, 2009, the parties made a joint motion to consolidate this lawsuit with two other EEOC proceedings involving the Aurora, Colorado Albertson's distribution center. Judge Arguello granted the motion on December 14, 2009, and entered the consent decree that day. The consent decree included provisions against retaliation, a neutral reference for complaining parties, an equal employment opportunity training for supervisory and management employees, and certain terms should Albertson's open or reopen a distribution center in Colorado during the time of the consent decree. The consent decree also provided that Albertson's pay $8,900,000.00 to a class settlement fund to be distributed as determined by the EEOC.

The consent decree remained in effect for four years, and the case is now closed.

Summary Authors

Daisy Manning (5/26/2008)

Sarah McDonald (8/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4763394/parties/equal-employment-opportunity-commission-v-albertsons-llc/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorneys(s) for Plaintiff

Kittle, Rita Byrnes (Colorado)

Martinez, William Joseph (Colorado)

O'Neill, Mary Jo (Arizona)

Palma, Lynn L. (Colorado)

Rogers, Kim Rene (Colorado)

Struble, Stephanie (Colorado)

Weeks, Nancy A. (Colorado)

Winston, David Andrew (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorneys(s) for Plaintiff

Kittle, Rita Byrnes (Colorado)

Martinez, William Joseph (Colorado)

O'Neill, Mary Jo (Arizona)

Palma, Lynn L. (Colorado)

Rogers, Kim Rene (Colorado)

Struble, Stephanie (Colorado)

Weeks, Nancy A. (Colorado)

Winston, David Andrew (Colorado)

Attorneys(s) for Defendant

Crews, Shane Kato (Colorado)

Gartner, Lawrence (California)

Gusha, Stefanie M. (California)

Imara, Tazamisha Heshima (California)

Moore, Steven Woodrow (Colorado)

Nosler, Michael D. (Colorado)

Talley, Kimberly Maria (California)

Volin, Andrew W. (Colorado)

Young, Naomi (California)

Other Attorney(s)

Kershner, Andrea J. (Colorado)

Pixler, Hugh S. (Colorado)

Schaefer, Elwyn F. (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Albertson's LLC fka Albertson's Inc.

Dec. 14, 2009 Docket
1

Complaint

EEOC v. Alberton's LLC fka Alberton's Inc.

June 30, 2006 Complaint
2

First Amended Complaint

EEOC v. Alberton's LLC fka Alberton's Inc.

July 6, 2006 Complaint
52

Order [regarding motion for protective order]

EEOC v. Albertson's LLC fka Alberton's Inc.

Nov. 14, 2006 Order/Opinion
84

Order [regarding motion to compel]

EEOC v. Albertson's LLC fka Albertson's Inc.

Feb. 16, 2007 Order/Opinion
83

Order [denying motion to compel]

EEOC v. Albertson's LLC fka Albertson's Inc.

Feb. 16, 2007 Order/Opinion
107

Order [regarding motion to compel]

EEOC v. Albertson's LLC fka Albertson's Inc.

April 17, 2007 Order/Opinion
111

Opinion and Order

EEOC v. Albertson's LLC fka Alberton's Inc.

2007 WL 1299194, 2007 U.S.Dist.LEXIS 32003

May 1, 2007 Order/Opinion
116-2

Complaint in Intervention and Jury Demand filed by James L. Baxter

EEOC v. Albertson's LLC

Dec. 3, 2007 Complaint
126-2

Complaint and Jury Demand of Intervenors Christopher Adams and James Steadham

EEOC v. Albertson's LLC

Dec. 3, 2007 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4763394/equal-employment-opportunity-commission-v-albertsons-llc/

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

ECF Number Description Date Link
4

ORDER, Set Hearings: Scheduling Conference set for 9/21/2006 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/24/06. (erv, )

July 24, 2006 RECAP
30

Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. taking under advisement 11 Motion for Protective Order. Motion Hearing held on 9/21/2006. (Court Reporter FTR-G. MATTEI.) (bnbcd, )

Sept. 21, 2006 RECAP
38

Minute ORDER granting 13 Dft Albertson's, Inc., and Albertson's LLC's Motion for Leave to file Response within 20 days;and granting 27 Dft Albertson's LLC's Motion for Leave to file Additional Material in support of its Opposition to Pla EEOC's Emergency Motion for Protective Order by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, )

Oct. 4, 2006 RECAP
39

ORDER denying 11 Pla EEOC's Emergency Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, )

Oct. 4, 2006 RECAP
40

ORDER granting 36 , 37 Motion to Dismiss Party Cerberus Systems Inc and Supervalu, Inc. terminated, Without Prejudice. Signed by Judge Wiley Y. Daniel on 10/4/06.(erv, )

Oct. 4, 2006 RECAP
46

MINUTE ORDER granting 45 Dft Albertson's Motion for Leave to File Response to the EEOC's Rule 72 Objection to the Magistrate Judge's Order by Judge Wiley Y. Daniel on 11/2/06.(erv, )

Nov. 2, 2006 RECAP
52

ORDER OVERRULING 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court and AFFIRMING Magistrate Judge's 10/4/06 39 Order on Motion for Protective Order Prohibiting Ex Parte Communications with Class Members by Plaintiff Equal Employment Opportunity. Signed by Judge Wiley Y. Daniel on 11/14/06. (erv, )

Nov. 14, 2006 RECAP
62

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 1/16/2007.ORDERED:Plaintiff EEOCs motion to modify scheduling order and extend deadline to identify class members(12/22/06 # 57) is GRANTED as stated on the record. Plaintiffs shall identify all known claimants on whose behalf it is seeking relief, on or before January 30, 2007. The scheduling order is modified as follows:Discovery Cut-Off: July 10, 2007Dispositive motion deadline: August 10, 2007 E xpert designation: April 10, 2007Rebuttal Expert designation: May 11, 2007 ORDERED:The Pretrial Conference set for September 10, 2007 is reset to October 22, 2007 at 9:00 a.m. Proposed pretrial order is due on or before October 15, 2007.ORDERED:The Settlement Conference set for February 16, 2007 is reset to April 17, 2007 at 1:30 p.m. Updated confidential letters are due on or before April 10, 2007. ORDERED:Plaintiff EEOCs motion for protective order(12/17/06 #54) is TAKEN UNDER ADVISEMENT as stated on the record. (Court Reporter FTR-G. Mattei.) (bnbcd, )

Jan. 16, 2007 RECAP
83

ORDER denying 63 Pla EEOC's Motion to Compel Rule 34(a) Request for Entry Upon Land and Request for Expedited Hearing; granting in part and denying in part 65 Motion to Compel Production of Documents and request for Expedited Hearing; Denying as Withdrawn 73 Dfts Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Boyd N. Boland on 2/16/07.(erv, )

Feb. 16, 2007 RECAP
103

ORDER denying 100 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/12/07.(erv, )

April 12, 2007 RECAP
106

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 4/17/2007. ORDERED:Plaintiff EEOCs motion for Rule 37 sanctions or in the alternative to compel answers to interrogatories and request for expedited hea ring(2/9/07 #70) is denied in part and granted in part.ORDERED:Defendant ALBERTSONS LLCs motion for an order compelling the EECO to provide further responses to discovery requests(3/23/07 #95) isgranted in part and denied in part. Responses due on or before June 1, 2007. (Court Reporter FTR-G. Mattei.) (bnbcd, )

April 17, 2007 RECAP
107

ORDER Granting in Part and Denying in Part as stated on the record 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC Signed by Magistrate Judge Boyd N. Boland on 4/17/07. (erv, )

April 17, 2007 RECAP
111

ORDER granting in part and denying in part 54 Motion for Protective Order; GRANTED with respect to Category 3. That discovery shall not be had;GRANTED to limit the time frame covered by Categories 4, 5, 7, 8, 10, 11, 12, 13, 14, and 15 to the period from January 1, 1995; and DENIED in all other respects.(erv, )

May 1, 2007 RECAP
114

ORDER granting 108 Motion to Amend Scheduling Order; Discovery Cut-Off: September 10, 2007; Dispositive Motions Deadline: October 10, 2007; The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before June 11, 2007; The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before July 10, 2007; Final Pretrial Conference: The final pretrial conference set for September 10,2007, at 8:30 a.m., is VACATED and RESET to December 10, 2007, at 8:30 a.m. A proposed Final Pretrial Order shall be prepared by the parties and submitted to the court no later than December 3, 2007.Signed by Magistrate Judge Boyd N. Boland on 5/10/07.(erv, )

May 10, 2007 RECAP
125

STIPULATION AND PROTECTIVE ORDER re: The Use and Dissemination of Confidential Information. Signed by Magistrate Judge Boyd N. Boland on 6/25/07. (erv, )

June 25, 2007 RECAP
132

MINUTE ORDER granting 130 Unopposed Motion for Leave to file Reply Brief in Support of their Motion to Intervene as Party Plas. Applicants may file a Reply Brief on or before 7/26/07 by Magistrate Judge Boyd N. Boland on 7/18/07.(erv, )

July 18, 2007 RECAP
158

ORDER granting 143 Dft Albertson's LLC's Motion for an Order Permitting Albertsons LLC to Conduct Four Additional Depositions and Request to Hear Motion on an Expedited Basis. Albertson's is granted leave to conduct the 14 depositions specified in footnote 3 of the Motion. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

Aug. 21, 2007 RECAP
159

ORDER denying as premature 145 Motion of Applicants for Intervention to Amend Scheduling Order to Increase Limits on Written Discovery In the Event Their Motions to Intervene. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

Aug. 21, 2007 RECAP
161

ORDER granting 152 EEOC's Motion for Leave to Conduct Deposition of Prisoner James Hartley on September 10, 2007, at Douglas County Jail. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

Aug. 21, 2007 RECAP
210

ORDER denying 141 Emergency Motion to Exclude Csl for Applicants for Intervvention; denying 147 Albertson LLC's First Motion for Protective Order; denying 150 Dfts Albertson LLC's Motion for Protective Order; denying 156 Dft Albertson LLC's Motion for Protective Order; denying 169 Emergency Motion for Order to Compel; denying 180 Albertson's Motion to Quash; denying 183 Motion for Leave. Signed by Magistrate Judge Boyd N. Boland on 10/3/07.(erv, )

Oct. 3, 2007 RECAP
263

ORDER granting in part and denying in part 116 Motion to allow James Baxter to Intervene and to assert the First Cause of Action: Title VII Race Discrimination contained in the Complaint In Intervention and Jury Demand ; and DENIED in all other res pects; granting in part and denying in part 126 Christopher adams and James Steadham's Motion to Intervene and to assert First, Second, Third,and Fourth Claims for Relief and DENIED in all other respects; granting in part and denying in part 166 Solis Motion to Intervene; granting in part and denying in part 189 Valentine's Motion to Intervene. Signed by Magistrate Judge Boyd N. Boland on 12/3/07.(erv, )

Dec. 3, 2007 RECAP
281

ORDER denying 272 Motion to Clarify. Signed by Magistrate Judge Boyd N. Boland on 12/7/07.(erv, )

Dec. 7, 2007 RECAP
291

ORDER DENYING as moot 133 Motion to Stay; DENYING as moot 165 Motion for Extension of Time; DENYING as moot 171 Motion for Protective Order; DENYING as moot 176 Motion to Amend/Correct/Modify; DENYING as moot 176 Motion for Leave; DENYING a s moot 179 Motion for Protective Order; DENYING as moot 208 Motion to Compel; granting 242 Motion to Strike ; DENYING as moot 269 Motion to Withdraw ; granting 273 Joint Motion to Amend Protective Order; It is Further ORDERED that EEOC' ;s oral Motion for an extension of time, to and incl 12/13/07, to file a reply in support of Pla's Motion to Strike Rule 26 Disclosures[etc]; Discovery Cut-Off 4/11/08; Dispositive Motions Deadline 4/11/08; Final Pre-Trial Conf 6/10/08 at 10:00 a.m.; Final pre-trial Order shall be filed to the court no later than 6/3/08. Signed by Magistrate Judge Boyd N. Boland on 12/10/07.(erv, )

Dec. 10, 2007 RECAP
294

MINUTE ORDER granting 289 Motion to Withdraw Document; withdrawing 230 Motion for Partial Summary Judgment; granting in part and denying in part 271 Motion for Extension of Time; DENYING as moot Albertson's LLC's Unopposed 280 Motion for Extension of Time to File Response since the Motion for Partial Summary Judgment has been withdrawn ; by Judge Wiley Y. Daniel on 12/11/07.(erv, )

Dec. 11, 2007 RECAP
297

MINUTE ORDER granting 296 Motion to Withdraw Dfts Motion for Summary Judgment; withdrawing 223 Motion for Summary Judgment without prejjudice to file a new dispositive motion at the conclusion of the discovery period, by Judge Wiley Y. Daniel on 12/13/07.(erv, )

Dec. 13, 2007 RECAP
314

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Plaintiff/Intervenor James Baxters motion to amend complaint as a matter of right pursuant to Rule 15(a) filed December 7, 2008; 282 is granted as stated on the record . The Clerk of Court is directed to accept the amended complaint for filing. Any response due within 10 days.ORDERED:Motion of Albertsons LLC to compel the attendance of James Baxter at the resumption of his deposition pursuant to FRCP 30 filed Decem ber 8, 2007; 283 is granted as stated on the record. Court will not impose sanctions against Albertsons. ORDERED:Motion of defendant Albertsons LLC to compel the mental examination and psychological testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez under Federal Rule of Civil Procedure 35 filed December 8, 2007; 284 granted as stated on the record.ORDERED:Oral motion to allow Dr. Atwell to be a designated expert for James L. Baxter is granted as stated on the record. ORD ERED:Joint deposition schedule is approved.ORDERED:Oral motion by the intervenors to allow the second deposition of Mr. Steadham be limited to 4 hours is granted as stated on the record.ORDERED:Oral motion by the intervenors to allow depositions to be moved and allow 5 more depositions to be taken is granted as stated on the record. Motion Hearing held on 12/19/2007. (Court Reporter FTR-G.Mattei.) (bnbcd, )

Dec. 19, 2007 RECAP
316

ORDER Granting 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Albertson's LLC, Granting 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resu mption of his Deposition filed by Albertson's LLC, Granting 282 MOTION to Amend/Correct/Modify filed by James L Baxter; re: 310 Deposition Schedule filed by Equal Employment Opportunity Commission, All depositions must be taken at the date and time designated in the Deposition Schedule, IT IS FURTHER ORDERED that the unopposed oral motion of James Steadham to limit his deposition to not more than four hours is GRANTED. Signed by Magistrate Judge Boyd N. Boland on 12/20/07. (erv, )

Dec. 20, 2007 RECAP
334

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Defendant Albertsons LLCs motion for sanctions and for an order compelling the EEOC to respond to its third and fourth set of interrogatories pursuant to Rule 37 and t he Federal Rules of Civil Procedure filed December 17, 2007; doc 306 is granted in part and denied in part as stated on the record. Responses shall be provided on or before February 14, 2008. ORDERED:Defendant Albertsons LLCs second motion for an order compelling the EEOC to produce documents and for an order awarding sanctions filed December 18, 2007;doc 308 is granted in part and denied in part as stated on the record.Documents shall be produced within 30 days. Motion Hearing held on 1/14/2008. (Court Reporter FTR-G.Mattei.) (bnbcd, )

Jan. 14, 2008 RECAP
337

ORDER re: GRANTING IN PART and DENYING IN PART 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Albertson's LLC,GRANTED 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of In terrogatories Pursuant to FRCP 37 DENYING MOTION for Sanctions filed by Albertson's LLC,EEOC shall make the discovery required by this order available to Albertsons on or before February 14, 2008. Signed by Magistrate Judge Boyd N. Boland on 1/14/2008. (sah2, )

Jan. 14, 2008 RECAP
341

MINUTE ORDER granting 340 Pla's Motion for Leave to Extend Page Limit. The EEOC may file an objection that exceeds the page limitations set forthin my Practice Standards by no more than five (5) pages. by Judge Wiley Y. Daniel on 1/28/08.(erv, )

Jan. 28, 2008 RECAP
347

MINUTE ORDER granting 345 Motion for Leave to File a Twenty Page Response Within Ten Days to Plaintiff EEOC's Objection Pursuant to Fed.R.Civ.P. 72(A) to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge is GRANTED. While my Minute Order of January 29, 2008, gave Defendant until February 7, 2008, to file a response, this deadline is extended to Friday, February 8, 2008. by Judge Wiley Y. Daniel on 1/30/08.(erv, )

Jan. 30, 2008 RECAP
353

MINUTE ORDER granting 352 Pla's Partially Unopposed Motion to Re-Schedule Oral Argument on Fed.R.Civ.P. 72(a) Objection to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge (filed February 5, 2008); The hearing currently set for Tuesday, February 12, 2008, at 4:00 p.m. is VACATED and RESET to Wednesday, February 13, 2008, at 3:30 p.m. by Judge Wiley Y. Daniel on 2/5/08.(erv, )

Feb. 5, 2008 RECAP
359

ORDER OVERRULING 342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order, re production of 22 boxes by Plaintiff Equal Employment Opportunity Commission; It is FURTHER ORDERED that Magistrate Judge Boland's Order of January 14 , 2008, is AFFIRMED. EEOC shall start producing boxes as of Tuesday, February 19, 2008 (at least one box shall be produced by that time) and shall produce all boxes as quickly and expeditiously as possible, but by no later than Monday, March 3, 2008. It is FURTHER ORDERED that if privileged documents are located by EEOC in the boxes, EEOC shall prepare and provide to opposing counsel a privilege log as required by Fed. R. Civ. P. 26(b)(5)(A). Signed by Judge Wiley Y. Daniel on 2/22/08. (erv, )

Feb. 22, 2008 RECAP
436

ORDER denying 431 Motion for Leave to Reply to EEOC's Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 5/12/08.(erv, )

May 12, 2008 RECAP
449

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: GRANTING IN PART 385 Defendant Albertson's LLC's Motion Pursuant to 16 and 26 for an Order Granting Leave to Take an Additional 23 Depositions a nd for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut-Off as follows: 1) The EEOC shall submit a witness list identifying the witnesses that will be listed on the Pretrial Order on or before June 18, 200 8; 2) Those witnesses shall be made available for deposition, each deposition not to exceed four hours in length. Defendant may not re-depose any witness that has been previously deposed. The depositions shall be completed by July 18, 2008;3) The s ubmitted list is a final witness list and may not be amended except to avoid manifest injustice; DENYING 394 Defendant's Motion to Compel Intervenor James Baxter to Respond to Albertson's Discovery Requests or in the Alternative Motion fo r Leave to Serve Discovery Outside the Court's Discovery Deadline; DENYING 404 Plaintiff EEOC's Motion for Protective Order Regarding Defendant's First Requests for Admissions. Responses to the 189 admissions request are due on or b efore June 24, 2008; GRANTING IN PART 406 Defendant Albertson's LLC's Motion Pursuant to FRCP 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks as follows: 1) Mr. Rick s' deposition is subject to the Court's earlier ruling on Doc. # 385; 2) The EEOC/Intervenors will be allowed an additional one-hour of deposition time;3) Mr. Bove shall inform counsel by June 18, 2008 as to whether or not there will be any problem with Mr. Ricks' appearance for said deposition. Motion Hearing held on 6/10/2008. Deposition discovery due by 6/18/2008. Proposed Pretrial Order due no later than 10:00 a.m. on 8/25/2008. Final Pretrial Conference set for 8/29/2008 at 10:00 AM before Magistrate Judge Boyd N. Boland. (Court Reporter FTR) (psfcd)

June 10, 2008 RECAP
450

ORDER re: 394 Denying MOTION to Compel Intervenor James Baxter filed by Albertson's LLC, 404 Denying MOTION for Protective Order Regarding Defendant's First Requests for Admissions filed by Equal Employment Opportunity Commission, 406 Granting MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC, 385 Granting in Part and Denying in Part MOTION for L eave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut-Off filed by Albertson's LLC; IT IS FURTHER ORDERED that a final pretrial conference will be held in this case on August 29, 2008, at 10:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The proposed final pretrial order shall be prepared by the parties and submitted to the court no later than August 25, 2008, at 10:00 a.m.. Signed by Magistrate Judge Boyd N. Boland on 6/10/08. (erv, )

June 10, 2008 RECAP
480

ORDER granting 474 Pla's Unopposed Motion to Amend Trial Witness List. Signed by Magistrate Judge Boyd N. Boland on 7/14/08.(erv, )

July 14, 2008 RECAP
486

MINUTE ORDER granting 484 Unopposed Motion to Vacate and Reschedule the Settlement Conference, the Settlement Conference set for August 4, 2008, is vacated and reset to August 11, 2008, at 1:30 p.m., in Chambers A-442, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. by Magistrate Judge Boyd N. Boland on 7/17/08.(erv, )

July 17, 2008 RECAP
497

ORDER GRANTING 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Albertson's LLC. IT IS ORDERED that the Motion is GRANTED. Albertsons may have to and including August 29, 2008, within which to complete the depositions of the EEOCs trial witnesses. No further extension of this deadline will be allowed. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) appear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) app ear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the final pre trial conference set for August 29, 2008, at 10:00 a.m., is VACATED and RESET to September 15, 2008, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties shall submit to the court a proposed final pretrial order on or before September 8, 2008.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, )

July 28, 2008 RECAP
498

ORDER re: 496 Proposed Deposition Schedule, filed by Albertson's LLC; It is ORDERED that the Porposed Depo Schedule is hereby made an Order of the Court, and the depositions of the listed witnesses shall be taken, if at all, only on the dates and times specified in deposition schedule. IT IS FURTHER ORDERED that the deposition Schedule may be varied only by Order of the Court.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, )

July 29, 2008 RECAP
522

MINUTE ORDER granting 510 Unopposed Motion for Order to Participate by Telephone and attorney Elwyn Schaefer may appear by telephone for the Pretrial Conference and hearing set for September 15, 2008, at 8:30 a.m. He is to call Chambers at the appropriate time at 303/844-6408. by Magistrate Judge Boyd N. Boland on 8/22/08.(erv, )

Aug. 22, 2008 RECAP
531

MINUTE ORDER re: 513 Plaintiff EEOCs Motion to Supplement the Record on Summary Judgment; and 523 Motion to Strike, the hearing set for October 2, 2008, at 2:00 p.m. is VACATED and RESET to Thursday, October 30, 2008, at 2:00 p.m. Due to the congestion in the Courts calendar, the parties are urged to make every effort to make themselves available this date. by Judge Wiley Y. Daniel on 9/4/08.(erv, )

Sept. 4, 2008 RECAP
542

Minute ORDER granting 540 Plaintiff EEOCs Motion for Leave to Reply to Albertsons Response [Dkt 535] to EEOCs Partially Unopposed Motion for Leave toAmend Trial Witness List [Dkt 502]. Clerk to accept the attachment for filing, by Magistrate Judge Boyd N. Boland on 9/11/08.(gms, )

Sept. 11, 2008 RECAP
549

ORDER granting 502 Plaintiff EEOCs Partially Unopposed Motion for Leave to Amend Trial Witness List. IT IS ORDERED that the Motion is GRANTED, and the EEOCs witness list is modified a specified in the Motion. Signed by Magistrate Judge Boyd N. Boland on 9/15/08.(erv, )

Sept. 15, 2008 RECAP
559

ORDER that the cross-motions for summary judgment or partial summary judgment will not be addressed at the October 30, 2008 hearing. The hearing will encompass the other motions as referenced in this Order. Signed by Judge Wiley Y. Daniel on 9/29/08. (erv, )

Sept. 29, 2008 RECAP
580

ORDER granting in part and denying in part 545 Albertsons LLCs Motion to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege. The Motion to Compel is GRANTED to require Ms. Breen within 11 days of this order to answer, in writing and under oath, Questions 38, 39, 40, 41, 42, 43, 44, and 45. The Motion to Compel is DENIED in all other respects. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, )

Nov. 12, 2008 RECAP
581

ORDER denying 556 Motion to Disqualify Counsel ; denying 575 Motion to Amend Protective Order. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, )

Nov. 12, 2008 RECAP
594

ORDER granting 593 Joint Motion to Stay Proceedings. This action is STAYED for 30 days, pending negotiation and finalization of a consent decree and related settlement documents; Dismissal Paper due by 3/20/2009. by Judge Christine M. Arguello on 2/19/09.(erv, )

Feb. 19, 2009 RECAP
599

ORDER re: 598 Joint Status Report and Motion to Extend Stay. This action is STAYED for an additional 60 days, pending negotiation and finalization of a consent decree and related settlement documents; On or before May 20, 2009, the parties shall file either a joint status report or appropriate settlement papers. by Judge Christine M. Arguello on 3/24/09. (erv, )

March 24, 2009 RECAP
616

ORDER granting 612 Joint Motion to Consolidate Cases. With the consent of Chief Judge Wiley Y. Daniel, Senior Judge Lewis T. Babcock and Judge Marcia S. Krieger, EEOC v. Albertsons LLC, Case No. 08-cv-00640-LTB-MJW, and EEOC v. Albertsons LLC, Ca se No. 08-cv-02424-MSK-CBS, are CONSOLIDATED with the above- referenced Civil Action No. 06-cv-01273-CMA-BNB for the purpose of determining a Joint Motion for Entry of Consent Decree to be filed on or after December 11, 2009, and for all purposes after entry of any such Consent Decree. It is FURTHER ORDERED that the caption on all subsequent filings in this matter shall reflect such consolidation as set forth above. by Judge Christine M. Arguello on 12/14/09.(erv, )

Dec. 14, 2009 RECAP
617

ORDER granting 613 Joint Motion for Order for Entry of Consent Decree; granting 613 Motion to Seal Distribution List and for Dismissal With Prejudice Subject to the Entry of Consent Decree; Denying as moot 614 Defendants Unopposed Motion for Le ave to Appear by Telephone; Denying as moot 615 Defendants Unopposed Motion for Leave to Appear by Telephone; It is FURTHER ORDERED that the status conference set for December 17, 2009 is VACATED. by Judge Christine M. Arguello on 12/14/09.(erv, )

Dec. 14, 2009 RECAP
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CONSENT DECREE EEOC and Albertsons desire to resolve the actions by entry of this agreed upon Consent Decree by the Court without modification. The Parties agree that the Court has the power to enter this Consent Decree and to grant the monetary and equitale relief set forth herein. by Judge Christine M. Arguello on 12/14/09. (erv, )

Dec. 14, 2009 RECAP

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 30, 2006

Closing Date: 2013

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

Cerberus Systems Inc. (Aurora, Colorado), Private Entity/Person

Supervalu, Inc. (Aurora, Colorado), Private Entity/Person

Albertson's LLC (Aurora, Colorado), Private Entity/Person

Albertson's Inc. (Aurora, Colorado), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 8,900,000.00

Order Duration: 2009 - 2013

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Private Suit Related / Consolidated with EEOC Suit

National Origin/Ethnicity:

Hispanic

Indian