Case: EEOC v. PROGRESSIVE RESIDENTIAL SERVICES

6:05-cv-01027 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 26, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

This Title VII action was brought in the U.S District Court for the District of New Mexico, against Progressive Residential Services, Inc. The complaint, filed in September 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected charging party to disparate treatment in the terms, conditions and privileges of her employment because of her sex (female) and then discharged her because of her sex and her pregnan…

This Title VII action was brought in the U.S District Court for the District of New Mexico, against Progressive Residential Services, Inc. The complaint, filed in September 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected charging party to disparate treatment in the terms, conditions and privileges of her employment because of her sex (female) and then discharged her because of her sex and her pregnancy.

The parties entered into a consent decree in August 2006. The decree was valid for three years, and required Defendant to pay a total of $50,000 ($30,000 to the charging party and $20,000 to another female employee). Defendant was enjoined from discrimination and retaliation in violation of Title VII and required to revise its anti-discrimination policy, provide Title VII training to its employees, post and distribute a notice of non-discrimination at its facility, and report regularly to the EEOC about its compliance with the decree. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Shankar Viswanathan (7/12/2007)

Documents in the Clearinghouse

Document

6:05-cv-01027

Docket (PACER)

EEOC v. Progressive Resident, et al

Aug. 31, 2006

Aug. 31, 2006

Docket
1

6:05-cv-01027

Complaint

EEOC v. Progressive Residential Services et al

Sept. 26, 2005

Sept. 26, 2005

Complaint
26

6:05-cv-01027

Consent Decree

EEOC v. Progressive Residential Services et al

Aug. 29, 2006

Aug. 29, 2006

Settlement Agreement

Resources

Docket

Last updated Sept. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge Karen B. Molzen) (nc) (Entered: 09/27/2005)

Sept. 26, 2005

Sept. 26, 2005

SUMMONS issued as to defendant (bap) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

2

WAIVER OF SERVICE of S/C upon Barbara Stephenson for deft Progressive NM on 10/12/05 (bap) Modified on 12/09/2005 (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

3

ANSWER by deft Progressive of New Mexico [1-1] (bap) (Entered: 12/07/2005)

Dec. 6, 2005

Dec. 6, 2005

4

WAIVER OF SERVICE of Summons upon Everett J. DeHut for deft Progressive Resident on 12/20/05 (bap) (Entered: 01/03/2006)

Dec. 30, 2005

Dec. 30, 2005

5

ANSWER by deft Progressive Resident [1-1] (nc) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

6

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 4/17/06 @ 1:30 pm; provisional discovery plan & IPTR due 4/10/06 (cc: all counsel*) (jrm) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

7

CERTIFICATE of Service by defts of Rule 26 initial disclosures, mailed to counsel on 4/7/06 (*) (bap) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

8

PROVISIONAL DISCOVERY PLAN by the parties (nc) (Entered: 04/10/2006)

April 7, 2006

April 7, 2006

9

CERTIFICATE by pltf of Service of Initial Disclosures to counsel on 04/07/06 (nc) (Entered: 04/10/2006)

April 7, 2006

April 7, 2006

10

CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference was held (*) (bap) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

11

ORDER by Magistrate Judge Karen B. Molzen setting Settlement Conference on 6/14/06 @ 1:30 pm in Las Cruces (cc: all counsel*) (bap) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

12

CERTIFICATE of Service by plaintiff of first supplemental initial disclosures, mailed to counsel on 5/1/06 (*) (bap) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

13

CERTIFICATE of Service by plaintiff of first request for production of documents, mailed to counsel on 5/5/06 (*) (bap) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

14

CERTIFICATE of Service by plaintiff of first set of interrogatories, mailed to counsel on 5/5/06 (*) (bap) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

15

CERTIFICATE of Service by deft Progressive Residential of first interrogatories and first request for production of documents, hand delivered to counsel on 5/11/06 (*) (seal) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

16

CERTIFICATE of Service by plaintiff of second supplemental initial disclosures, mailed to counsel on 6/5/06 (*) (bap) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

17

CERTIFICATE of Service by defendants of answers to first interrogatories and responses to first request for production of documents, mailed to counsel on 6/7/06 (*) (bap) (Entered: 06/08/2006)

June 7, 2006

June 7, 2006

18

CERTIFICATE of Service by plaintiff of responses and objections to deft's first request for production of documents, hand-delivered to counsel on 6/13/06 (*) (bap) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

19

CERTIFICATE of Service by plaintiff of answers and objections to deft's first interrogatories, hand-delivered to counsel on 6/13/06 (*) (bap) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

20

CERTIFICATE of Service by defendants of second request for production of documents, hand delivered to counsel on 6/15/06 (*) (bap) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

22

CERTIFICATE of Service by defendants of first supplemental response to pltf's first request for production of documents, hand-delivered to counsel on 6/16/06 (*) (bap) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

23

STIPULATION by parties re discovery (*) (bap) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

24

JOINT CONFIDENTIALITY STIPULATION by parties (*) (bap) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

25

CERTIFICATE of Service by pltf of 3rd supplemental initial disclosures, mailed to counsel on 7/11/06 (*) (bap) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

26

CONSENT DECREE & JUDGMENT by Chief Judge Martha Vazquez with terms of resolution as contained therein (cc: all counsel) (td) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

27

JUDGMENT dismissing action by reason of settlement by Chief Judge Martha Vazquez re [26-1] dismissing case for statistical purposes (cc: all counsel*) (bap) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

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: Sept. 26, 2005

Closing Date: 2009

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

Progressive Residential Serivces, Inc. (Las Cruces), 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

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: 50000

Order Duration: 2006 - 2009

Content of Injunction:

Provide antidiscrimination training

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits