Case: EEOC v. Classic Air Ambulance, Inc.

3:02-cv-01460 | U.S. District Court for the District of Arizona

Filed Date: Aug. 1, 2002

Closed Date: Aug. 24, 2007

Clearinghouse coding complete

Case Summary

In August 2002, the Phoenix office of the EEOC brought this suit against Classic Air Ambulance, Inc. in the U.S. District Court for the District of Arizona. In February 2004, the court ordered the defendant to seek counsel. In April 2004, the EEOC filed a motion for default judgment, and the court granted default judgment in favor of the EEOC in April 2004. The court ordered the defendant to pay the claimant $276,296 in back pay (including prejudgment and interest), front pay, compensatory damages, and punitive damages, and to refrain from discrimination and retaliation for 3 years. No information is available pertaining to the nature of the suit.

The decree was entered in August 2004 and scheduled to last until August 2007. No further docket entries exist, so the case is presumably closed closed.

Summary Authors

Kevin Wilemon (7/14/2007)

Documents in the Clearinghouse

Document

3:02-cv-01460

Docket [PACER]

Sept. 20, 2004

Sept. 20, 2004

Docket

Resources

Docket

Last updated Aug. 8, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (LSP) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

2

RETURN OF SERVICE EXECUTED summons/complaint upon Mark R Henderson (Owner) for dft Classic Air Ambulanc on 8/7/02 (SAT) (Entered: 08/20/2002)

Aug. 16, 2002

Aug. 16, 2002

3

STIPULATION for Extension of Time until 9/20/02 to Answer Complaint [1−1] by pla, dft [3−1] (first request) (SAT) (Entered: 09/05/2002)

Aug. 30, 2002

Aug. 30, 2002

4

ANSWER to complaint [1−1] by dft Classic Air Ambulanc (SAT) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

5

ORDER by Judge Robert C. Broomfield granting Stipulation for Extension of Time until 9/20/02 for Defendant to Answer Complaint [1−1] by pla, dft [3−1] (cc: all counsel) (SAT) (ADI−ICMS, ). (Entered: 09/23/2002)

Sept. 23, 2002

Sept. 23, 2002

6

ORDER by Judge Robert C. Broomfield designating action a standard track case; prel scheduling conf set for 1:45 2/10/03 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

7

JOINT CASE MGT PLAN/REPORT (KMG) (Entered: 01/29/2003)

Jan. 27, 2003

Jan. 27, 2003

8

NOTICE by pla EEOC, dft Classic Air Ambulanc of Amended Proposed Scheduling Order (KMG) (Entered: 02/03/2003)

Jan. 30, 2003

Jan. 30, 2003

9

MINUTE ENTRY before Judge Robert C. Broomfield . Crt Rptr: Vicki Reger. Present: Michelle Marshall for Plas. Richard Green for Dfts. Prel scheduling conf held. PTO ddl set for 2/9/04 ; Pretrial conference set for Monday, March 1, 2004 at 1:30 p.m., before the Honorable Robert C. Broomfield, Courtroom 606, 6th floor. [cc: RCB/CD] [9−3] (LCF) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

10

AMENDED SCHEDULING ORDER by Judge Robert C. Broomfield ; Discovery now due 11/28/03 ; Dispositive motions due 1/9/04 ; Joint Pretrial order now due 2/9/04 ; Pretrial conference reset for 1:30 3/1/04 (cc: all counsel) re: order (scheduling) [10−1] (KMG) (ADI−ICMS, ). (Entered: 02/11/2003)

Feb. 11, 2003

Feb. 11, 2003

11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

12

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Classic Air Ambulanc (KMG) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

13

NOTICE of service of discovery by dft Classic Air Ambulanc serving; First Request for Production of documents. (KMG) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

14

NOTICE of service of discovery by dft Classic Air Ambulanc serving; First Set of Interrogatories. (KMG) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

15

MOTION for Leave to Amend Answer to complaint [4−1] by dft Classic Air Ambulanc [15−1] (NOTE: No Lodged Document Submitted − Only UNsigned copy

March 14, 2003

March 14, 2003

17

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Michael Smith on the following date(s): 5/21/03 (KMG) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

18

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Mark Henderson on the following date(s): 5/20/03 (KMG) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

19

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Michael Swain on the following date(s): 5/29/03 (KMG) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

20

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF John Bingham on the following date(s): 5/22/03 (KMG) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

21

NOTICE by pla EEOC OF TAKING DEPO OF Custodian of Records for Classic Air Ambulance, Inc. on the following date(s): 5/20/03 (KMG) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

22

NOTICE by dft Classic Air Ambulanc OF TAKING VIDEO DEPO OF Marsha Bratcher on the following date(s): 6/27/03 (KMG) (Entered: 03/20/2003)

March 18, 2003

March 18, 2003

23

CORRECTED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Custodian of Records for Classic Air Ambulance, Inc. on the following date(s): 5/20/03 (KMG) (Entered: 03/27/2003)

March 25, 2003

March 25, 2003

24

NOTICE of Service of discovery by pla. (SAT) (Entered: 04/02/2003)

March 31, 2003

March 31, 2003

25

ORDER by Judge Robert C. Broomfield granting motion for Leave to File an Amended Answer to Complaint [4−1] in the form attached as Exhibit A to add mixed motive as an affirmative defense [15−1] (NOTE: No Lodged Document Submitted − Only UNsigned copy attached as Exhibit A) (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

26

AMENDED Answer to Complaint [4−1] by dft Classic Air Ambulanc (KMG) (Entered: 04/14/2003)

April 10, 2003

April 10, 2003

27

NOTICE of service of discovery by pla EEOC . (FMP) (Entered: 04/25/2003)

April 23, 2003

April 23, 2003

28

NOTICE of service of discovery by pla EEOC serving; First Supplemental Responses to dft's First Request for Production of Docs and First Set of Interrogatories. (KMG) (Entered: 05/13/2003)

May 8, 2003

May 8, 2003

29

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Michael Swain on the following date(s): 6/20/03 (KMG) (Entered: 05/13/2003)

May 9, 2003

May 9, 2003

30

NOTICE of service of discovery by dft Classic Air Ambulanc serving; Responses to pla's First Set of Requests for Production of Documents. (KMG) (Entered: 05/27/2003)

May 22, 2003

May 22, 2003

31

NOTICE of service of discovery by dft Classic Air Ambulanc serving; First Supplemental Responses to pla's First Set of Requests for Production of documents. (KMG) (Entered: 06/03/2003)

June 2, 2003

June 2, 2003

32

NOTICE of service of discovery by pla EEOC serving; Second Set of Requests for Production of Documents. (KMG) (Entered: 06/12/2003)

June 9, 2003

June 9, 2003

33

NOTICE of service of discovery by pla EEOC serving; Second Supplemental Response to dft's First Set of Interrogatories . (KMG) (Entered: 06/19/2003)

June 17, 2003

June 17, 2003

34

AMENDED NOTICE by dft Classic Air Ambulanc OF TAKING VIDEO DEPO OF Marsha Bratcher on the following date(s): 7/10/03 at 10 am (LAD) (Entered: 06/20/2003)

June 18, 2003

June 18, 2003

35

NOTICE of service of discovery by dft Classic Air Ambulanc serving; Second Supplemental Response to pla EEOC's First Set of Requests for Production of Documents; Dft Responses to pla's Second Set of Requests for Production; and dft's First Supplemental Disclosure Statement. (KMG) (Entered: 07/11/2003)

July 7, 2003

July 7, 2003

37

MOTION (Ex−Parte) of Attorneys Richard L. Green, Paul D. Friedman and Van O'Steen and Partners to Withdraw as counsel for dft Classic Air Ambulanc [37−1] (NOTE: Classic Air Ambulance, Inc address: Mark R. Henderson, President, 5039 Fillmore Ave., Ogden, UT 84403, (801) 295−5700, (801) 589−5970) (KMG) Modified on 10/06/2003 (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

38

ORDER by Judge Robert C. Broomfield granting motion (Ex−Parte) of Attorneys Richard L. Green, Paul D. Friedman and Van O'Steen and Partners to Withdraw as counsel for dft Classic Air Ambulanc [37−1] (NOTE: Classic Air Ambulance, Inc address: Mark R. Henderson, President, 5039 Fillmore Ave., Ogden, UT 84403, (801) 295−5700, (801) 589−5970) Dismissing attorney Paul David Friedman and Richard L Green for Classic Air Ambulanc (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

39

NOTICE by pla EEOC OF TAKING DEPO OF Nancy Hagerman on the following date(s): 11/20/03 (KMG) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

40

NOTICE by pla EEOC OF TAKING DEPO OF Scott R. Henderson on the following date(s): 11/13/03 (KMG) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

41

NOTICE by pla EEOC OF TAKING DEPO OF Marc A. Marcroft on the following date(s): 11/18/03 (KMG) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

42

NOTICE of service of discovery by pla EEOC serving; First Request for Admissions, First Set of Non−Uniform Interrogatories, and Third Request for Production of Documents. (KMG) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

43

NOTICE by pla EEOC OF TAKING DEPO OF William F. Miner on the following date(s): 11/13/03 (KMG) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

44

MOTION for Leave to Take Deposition of Witness Marc Marcrof by Remote Electronic Means by pla EEOC [44−1] (KMG) (Entered: 11/06/2003)

Nov. 4, 2003

Nov. 4, 2003

45

NOTICE OF RESCHEDULED DEPO by pla EEOC OF TAKING DEPO OF William F. Miner on the following date(s): 11/13/03 (KMG) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

46

NOTICE OF RESCHEDULED DEPO by pla EEOC OF TAKING DEPO OF Scott R. Henderson on the following date(s): 11/13/03 (KMG) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

47

NOTICE by pla EEOC of Appearance of Additional Counsel atty Danien Lee, of the Commission's Seattle District Office, will appear for the limited purpose of taking the depo of witness Marc Marcroft in Seattle, Washington on 11/18/03. (KMG) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

48

FIRST AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Marc A. Marcroft on the following date(s): 11/18/03 (KMG) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

49

ORDER by Judge Robert C. Broomfield granting motion for Leave to Take Deposition of Witness Marc Marcrof by Remote Electronic Means by pla EEOC [44−1] (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

50

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 12/03/2003)

Dec. 1, 2003

Dec. 1, 2003

52

MOTION for Status Conference /hearing by pla EEOC [52−1] (KMG) (Entered: 01/15/2004)

Jan. 9, 2004

Jan. 9, 2004

51

MINUTE ORDER: The Court Orders setting this matter for Status Hearing on Monday, January 26, 2004 at 3:15 p.m. before the Honorable Robert C. Broomfield. (cc: RCB, all counsel) [51−2] (KSB) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

53

MINUTE ENTRY before Judge Robert C. Broomfield. ECR: Vicki Reger. Appearances: Plaintiff is represented by Michelle Marshall. No one appears on behalf of the defendant. Status Hearing held. The Court DIRECTS plaintiff counsel to prepare a proposed form of order for the Court giving notice to the defendant that no employee can represent the defendant as they have apparently tried to do and directing them to retain counsel within a six week time period. The order shall also include an admonishment that failure to do so could result in the court allowing the case to proceed by way of default against the defendant. [cc: RCB] [53−2] (KSB) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

54

NOTICE by pla EEOC of Lodging proposed order (KMG) (Entered: 02/05/2004)

Feb. 2, 2004

Feb. 2, 2004

55

ORDER by Judge Robert C. Broomfield within six weeks (45 days) of the date of this Order, dft shall have counsel file a notice of appearance on its behalf. If no notice of appearance is filed within that time, the Court will conclude that dft no longer intends to defend this action and will conduct a hearing, on notice to dft, that the case may proceed by default against dft. re: order filed [38−2] (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

56

MOTION for Entry of Default as to Classic Air Ambulanc by pla EEOC [56−1] , for Status Hearing by pla EEOC [56−2] (KMG) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

57

ORDER by Judge Robert C. Broomfield granting pla's Motion for Entry of Default as to Classic Air Ambulanc [56−1]. FURTHER ORDERED that the Clerk shall enter default against dft. FURTHER ORDERED setting a status hearing as follows: status hearing set for 2:30 5/24/04 (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

58

DEFAULT ENTERED Defendant Classic Air Ambulance, Inc. having failed to appear or otherwise respond to the Complaint in the time allowed by law, and in accordance with the Federal Rules of Civil Procedure Rule 55(a), default is hereby entered against this same Defendant. (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

59

MINUTE ENTRY before Judge Robert C. Broomfield. ECR: Vicki Reger. Appearances: Plaintiff is present with counsel, Mary Joleen O'Neill. No one appears on behalf of defendant. Status Hearing re: default held. IT IS ORDERED setting this matter for Evidentiary Hearing re: damages on Monday, July 26, 2004 at 3:00 p.m. before the Honorable Robert C. Broomfield. [cc: RCB] [59−4] (KSB) (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

60

MINUTE ORDER: The Court ORDERS that the Evidentiary Hearing re: damages currently set on Monday, July 26, 2004 be moved in TIME ONLY from 3:00 p.m. to 2:00 p.m. before the Honorable Robert C. Broomfield. (cc: RCB, all counsel) [60−2] (KSB) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

61

NOTICE by pla EEOC of service of Court Order re: Evidentiary Hearing on damages (change of time only). (LSP) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

62

MINUTE ENTRY before Judge Robert C. Broomfield. ECR: Vicki Reger. Appearances: Patrick David Lopez for Mary Joleen O'Neill appearing for the plaintiff. No one appears on behalf the the defendant. Evidentiary Hearing re: damages held. FOR THE PLAINTIFF: Marsha Bratcher is sworn, examined, and excused. Exhibits 1 through 11 are admitted into evidence. Dennis Bratcher is sworn, examined, and excused. Exhibit 12 is admitted into evidence. Patricia Miner is sworn, examined, and excused. Rosanne Wood is sworn, examined, questioned by the Court, and excused. Exhibits 13 and 14 are admitted into evidence. Mr. Lopez makes closing statements to the court. The Court DIRECTS plaintiff's counsel to prepare a proposed order leaving blank all the dollar figures, including the injunctive relief felt appropriate. [cc: RCB] [62−2] (KSB) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

63

EXHIBIT LIST submitted by pla EEOC (LSP) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

64

WITNESS LIST by pla EEOC (LSP) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

65

NOTICE by pla EEOC of Lodging Proposed Order (LSP) (Entered: 07/30/2004)

July 29, 2004

July 29, 2004

66

ORDER by Judge Robert C. Broomfield granting Marsha Bratcher back pay, benefits, and prejudgment interest plus interest for the period of 5/31/00, until the date of judgment in the amount of $159,324.00, IT IS FURTHER ORDERED granting Marsha Bratcher front pay for three years, in lieu of reinstatement, in the amount of $96,972.00. IT IS FURTHER ORDERED granting Marsha Bratcher non−pecuniary compensatory damages in the amount of $15,000. IT IS FURTHER ORDERED granting Marsha Bratcher punitive damages in the amount of $5,000. IT IS FURTHER ORDERED that all damages shall be paid within thirty days of the entry of this order, order [57−2] terminating case . IT IS FURTHER ORDERED that Defendant shall be enjoined from discrimination on the basis of sex and from retaliation for a period of 3 years form the date of final judgment. (cc: all counsel) (LSP) (ADI−ICMS, ). (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

67

JUDGMENT: that this Court having granting Plaintiff's Motion for default against Defendant. Granting Marsha Bratcher back pay, benefits, and prejudgment interest plus interest for the period of 5/31/00, until the date of judgment in the amount of $159,324.00. IT IS FURTHER ORDERED granting Marsha Bratcher front pay for three years, in lieu of reinstatement, in the amount of $96,972.00. IT IS FURTHER ORDERED granting Marsha Bratcher non−pecuniary compensatory damages in the amount of $15,00 and punitve damages in the amount of $5,000. All damages shall be paid within 30 days of the entry of this order, order [66−2]. This Complaint and action are hereby dismissed. (cc: all counsel) (LSP) (ADI−ICMS, ). (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

68

Transcript Designation and Ordering Form by pla EEOC re: 7/26/04 Hearing (LSP) (Entered: 09/14/2004)

Sept. 10, 2004

Sept. 10, 2004

69

TRANSCRIPT of Evidentiary Hearing re: Damages by Court Reporter: Vicki Reger for the following date(s): 7/26/04 (LSP) (Entered: 09/22/2004)

Sept. 20, 2004

Sept. 20, 2004

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 1, 2002

Closing Date: Aug. 24, 2007

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

Classic Air Ambulance, Inc. , Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 276296

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits