Case: EEOC v. Milgard Manufacturing Incorporated dba Milgard Windows

1:01-cv-01731 | U.S. District Court for the District of Colorado

Filed Date: Aug. 31, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In August 2001, the Denver District Office brought this suit against Milgard Manufacturing, Inc., a producer of windows and sliding doors, in the U.S. District Court for the District of Colorado alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's litigation settlement report that the complaint …

In August 2001, the Denver District Office brought this suit against Milgard Manufacturing, Inc., a producer of windows and sliding doors, in the U.S. District Court for the District of Colorado alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's litigation settlement report that the complaint alleged the defendant engaged in racially discriminatory practices by not hiring black applicants. The human resources assistant who complained about the discriminatory practices was also allegedly harassed, criticized and forced to resign her employment in retaliation for her complaints. These actions were in violation of Title VII of the Civil Rights Act of 1964. The charging party intervened in the suit in April 2002.

After some discovery and a stay of proceedings of unknown duration starting in December 2003, the parties settled in May 2004 through a consent decree. We do not have a copy of the consent decree; therefore the exact conditions of the decree are unknown. However, it appears from the EEOC's litigation settlement report that the three-year decree required the defendant to retain a Consent Decree Monitor who will evaluate and report to EEOC on defendant's compliance with the decree. The defendant must report to the EEOC every six months on the race and ethnicity of applicants and hires, and shall engage in recruitment and outreach efforts at the area high school and the Urban League to increase the number of blacks in its applicant pool. The defendant must pay a total of $3.35 million, including relief to the class of black applicants denied positions, compensation for a consent decree monitor, and relief to the human resources assistant.

The decree was amended by agreement a number of times. First, after some kind of dispute among the parties, the provisions governing claimants were changed, and what seems like a small amount of additional money added into their damages. (This was approved in August 2005.) Then the decree was extended, by consent, three different times. In May 2007, the term was extended from May 2007 to May 2008. A year later, it was extended till the end of 2008, and then in April 2009, it was extended till June 30, 2009. There have been some ongoing enforcement that led to these extensions, but the docket does not set out any details.

Summary Authors

Keri Livingston (9/27/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4704456/parties/eeoc-v-milgard-manuf-inc/


Judge(s)

Krieger, Marcia S. (Colorado)

Schlatter, O. Edward (Colorado)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Fierro (Colorado)

Kittle, Rita Byrnes (Colorado)

Palma, Lynn L. (Colorado)

Attorneys(s) for Defendant

Dix, Katherine S (Colorado)

Marquess, Lawrence W (Colorado)

Other Attorney(s)

Active

Judge(s)

Krieger, Marcia S. (Colorado)

Schlatter, O. Edward (Colorado)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Fierro (Colorado)

Kittle, Rita Byrnes (Colorado)

Palma, Lynn L. (Colorado)

Attorneys(s) for Defendant

Dix, Katherine S (Colorado)

Marquess, Lawrence W (Colorado)

Other Attorney(s)

Arckey, Thomas J (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Milgard Manuf Inc

April 22, 2009 Docket

EEOC Settles Racial Hiring Case Against Milgard Windows for $3.37 Million

EEOC v. Milgard Manufacturing

No Court

May 20, 2004 Press Release

EEOC Litigation Settlement Report

EEOC v. Milgard Manufacturing

No Court

Nov. 15, 2004 Press Release

EEOC Performance and Accountability Report FY 2004

EEOC v. Milgard Manufacturing

No Court

Nov. 18, 2004 Press Release
147

Order

EEOC v. Milgard Manufacturing Inc

Aug. 26, 2005 Order/Opinion
146

Joint MOTION to Amend Approved Consent Decree

EEOC v. Milgard Manufacturing Inc

Aug. 26, 2005 Pleading / Motion / Brief

Office of General Counsel FY 2004 General Report

EEOC v. Milgard Manufacturing

No Court

Oct. 18, 2005 Press Release
150

Joint MOTION to Approve Amendment of Consent Decree

EEOC v. Milgard Manufacturing Inc

April 13, 2007 Pleading / Motion / Brief
151

Order Approving Amendment of Consent Decree

EEOC v. Milgard Manufacturing Inc

May 4, 2007 Order/Opinion
151

Order Approving Amendment of Consent Decree

EEOC v. Milgard Manufacturing

May 4, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4704456/eeoc-v-milgard-manuf-inc/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 09/04/2001)

Aug. 31, 2001
147

ORDER granting 146 Joint Motion to Amend Approved Consent Decree, the Consent Decree, previously approved by the Court on May 19, 2004, is amended as detailed in the parties' joint motion. Signed by Judge Marcia S. Krieger on 8/26/05. (erv, )

Aug. 26, 2005 RECAP
151

ORDER APPROVING AMENDMENT OF CONSENT DECREEE: granting 150 Joint MOTION to Approve Amendment of Consent Decree. Signed by Judge Marcia S. Krieger on 5/4/07.(dln, )

May 4, 2007 RECAP
2

RETURN OF SERVICE of Summons and Complaint upon defendant Milgard Manuf Inc on 12/20/01 *Clerk's office did not issue the summons in this civil action (dlb) (Entered: 01/04/2002)

Jan. 4, 2002
3

Unopposed First MOTION by defendant for extension of time within which to answer or move to the complaint to and including 1/29/02 and certification under LR 7.1 (pap) (Entered: 01/11/2002)

Jan. 9, 2002
153

ORDER REOPENING CASE AND DIRECTING THE PARTIES TO RESPOND. Parties shall respond to 152 Plaintiff's/Approved Class Member's Pleading, and Petition for Fairness Hearing Under the Consent Decree by 12/14/2007. Signed by Judge Marcia S. Krieger on 11/26/07. (dln, )

Nov. 26, 2007 RECAP
157

ORDER Setting Hearing re: 152 Petition filed by Issiaka I. Namoko, 154 Petition filed by Issiaka I. Namoko, Hearing set for 2/1/2008 01:30 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 1/15/2008. (sah, )

Jan. 15, 2008 RECAP
4

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for extension of time within which to answer or move to the complaint to and including 1/29/02 [3−1] (cc: all counsel) ; entry date : 1/14/02 (former empl) (Entered: 01/14/2002)

Jan. 10, 2002
5

ANSWER by defendant Milgard Manuf Inc to complaint [1−1] (former empl) (Entered: 01/30/2002)

Jan. 29, 2002
167

ORDER granting 166 Motion to Amend/Correct/Modify Consent Decree by Judge Marcia S. Krieger on 4/22/09.(msksec, )

April 22, 2009 RECAP
6

ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge O. E. Schlatter signed 2/1/02 by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 02/04/2002)

Feb. 1, 2002
8

MINUTE ORDER : by Magistrate Judge O. E. Schlatter on oral motion of counsel ; rule 16 conference reset for 9:00 4/3/02 (cc: all counsel) ; entry date : 2/13/02 (former empl) (Entered: 02/13/2002)

Feb. 13, 2002
9

MINUTE ORDER : by Chief Judge Lewis T. Babcock Case reassigned to Judge Marcia S. Krieger (cc: all counsel) ; entry date : 2/20/02 (former empl) (Entered: 02/20/2002)

Feb. 20, 2002
10

Suggestion (MOTION) by defendant Milgard Manuf Inc to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3) (gms) (Entered: 03/26/2002)

Feb. 22, 2002
11

ATTORNEY APPEARANCE for plaintiff EEOC by Evangelina Fierro Hernandez (erv) (Entered: 02/28/2002)

Feb. 27, 2002
12

ORDER by Judge Marcia S. Krieger granting pla's unopposed motion for extension of time to file response to dft's suggestion [10−1] (motion) to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3). Pla to file its response by 3/25/02 (cc: all counsel) ; entry date : 3/26/02 (gms) (Entered: 03/26/2002)

March 22, 2002
13

RESPONSE by plaintiff to dft's suggestion (motion) to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3) [10−1] (gms) (Entered: 03/26/2002)

March 25, 2002
14

MOTION by defendant Milgard Manuf Inc for leave to File Reply Brief in support of Dfts suggestion of Lack of Subject Matter Jurisdiction (erv) (Entered: 03/29/2002)

March 28, 2002
15

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; rule 16 conf held on 4/3/02 ; A preliminary pretrial conf set for 9:30 2/3/03 (cc: all counsel) ; entry date : 4/3/02 (erv) (Entered: 04/03/2002)

April 3, 2002
16

ORDER by Judge Marcia S. Krieger granting Dfts' motion for leave to File Reply Brief in support of Dfts suggestion of Lack of Subject Matter Jurisdiction [14−1] The Dft is hereby ORDERED to file its Reply no later than 4/10/02 (cc: all counsel) ; entry date : 4/4/02 (erv) (Entered: 04/04/2002)

April 3, 2002
17

COURTROOM MINUTES od Scheduling Conf by Magistrate Judge O. E. Schlatter ; discovery ddl set 1/10/03 ; disp mtn ddl set 2/28/03 ; pretrial conf set for 9:30 2/3/03 ; entry date : 4/4/02 Court Reporter: OES Tape 01−09 (erv) (Entered: 04/04/2002)

April 3, 2002
18

SCHEDULING ORDER Magistrate Judge O. E. Schlatter (cc: all counsel) (erv) (Entered: 04/04/2002)

April 3, 2002
19

REPLY by defendant Milgard Manuf Inc to Pla's response to Dfts motion to dismiss for lack of jurisdiction over pla's 3rd claim relief pursuant to FRCP 12(h)(3) [10−1] (erv) (Entered: 04/11/2002)

April 10, 2002
20

MOTION by Leigh Ann Ornelas to intervene as party plaintiff (dlb) (Entered: 04/16/2002)

April 15, 2002
21

Request (MOTION) by plaintiff EEOC for Oral Argument (hearing) and Submission of Supplemental Authorities (erv) (Entered: 04/16/2002)

April 15, 2002
22

ORDER by Judge Marcia S. Krieger denying without prejudice, the Pla's motion for Oral Argument (hearing) and Submission of Supplemental Authorities [21−1] Pla has not complied with applicable provisions of the FRCP or the United States District Court for the District of Colorado Local Rules of Practice dated 4/15/02, specifically D.C. COLO LR 7.1A (cc: all counsel) ; entry date : 4/18/02 (erv) (Entered: 04/18/2002)

April 16, 2002
23

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to intervene party plaintiff [20−1] (erv) (Entered: 04/18/2002)

April 17, 2002
25

Request (MOTION) by plaintiff EEOC for (hearing) Oral Argument and Submissions of Supplemental Authorities (erv) (Entered: 04/22/2002)

April 19, 2002
26

RESPONSE by defendant Milgard Manuf Inc to Ann Archulets−Ornelas's motion to intervene as party plaintiff [20−1] (erv) (Entered: 05/01/2002)

April 30, 2002
27

MOTION by defendant Milgard Manuf Inc for order to sever claims pursuant to FRCP 21 (erv) (Entered: 05/01/2002)

April 30, 2002
28

WAIVER OF SERVICE of Summons and Complaint by defendant Milgard Manuf Inc on 5/2/02 (erv) (Entered: 05/09/2002)

May 8, 2002
29

Statement of Position (RESPONSE) in Opposition by defendant Milgard Manuf Inc to Pla's motion for (hearing) Oral Argument and Submissions of Supplemental Authorities [25−1] (erv) (Entered: 05/17/2002)

May 16, 2002
30

ORDER by Magistrate Judge O. E. Schlatter granting motion to intervene as party plaintiff [20−1] adding intervenor−plaintiff Leigh Ann Ornelas (cc: all counsel) ; entry date : 5/20/02 (erv) (Entered: 05/20/2002)

May 16, 2002
31

RESPONSE by plaintiff EEOC to Dfts motion for order to sever claims pursuant to FRCP 21 [27−1] (erv) (Entered: 05/20/2002)

May 17, 2002
32

REPLY by intervenor−plaintiff Leigh Ann Ornelas to Dfts Milgard's response to motion to intervene as party plaintiff [20−1] (erv) (Entered: 05/20/2002)

May 17, 2002
33

MOTION by plaintiff EEOC to amend complaint [1−1] (erv) (Entered: 05/20/2002)

May 17, 2002

Tendered Pla's 1st Amended Complaint submitted by plaintiff EEOC re: motion to amend complaint and Jury Demand [1−1] [33−1] (erv) (Entered: 05/20/2002)

May 17, 2002
34

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Pla's motion to amend complaint [1−1] [33−1] (erv) (Entered: 05/22/2002)

May 20, 2002
35

RESPONSE by intervenor−plaintiff Leigh Ann Ornelas to Dfts motion for order to sever claims pursuant to FRCP 21 [27−1] (erv) (Entered: 05/23/2002)

May 22, 2002
36

INTERVENOR'S COMPLAINT by intervenor−plaintiff Leigh Ann Ornelas (erv) (Entered: 05/24/2002)

May 23, 2002
37

RESPONSE by defendant Milgard Manuf Inc to Pla's motion to amend complaint [1−1] [33−1] (erv) (Entered: 06/04/2002)

June 3, 2002
38

Unopposed MOTION by defendant Milgard Manuf Inc to extend time to reply in support of its motion to sever claims and certification pursuant to D.C. COLO.L.R.7.1(A) (erv) (Entered: 06/04/2002)

June 3, 2002
39

ORDER by Judge Marcia S. Krieger granting Dfts motion to extend time to reply in support of its motion to sever claims and certification pursuant to D.C. COLO.L.R.7.1(A) [38−1] up to and incl 6/6/02 (cc: all counsel) ; entry date : 6/5/02 (erv) (Entered: 06/05/2002)

June 5, 2002
40

ORDER by Magistrate Judge O. E. Schlatter granting Pla's motion to amend complaint [1−1] [33−1] (cc: all counsel) ; entry date : 6/10/02 (erv) (Entered: 06/10/2002)

June 6, 2002
41

EEOC's First AMENDED COMPLAINT [1−1] by plaintiff EEOC; and jury demand (erv) (Entered: 06/10/2002)

June 6, 2002
42

REPLY by defendant Milgard Manuf Inc to Pla's response to Dfts motion for order to sever claims pursuant to FRCP 21 [27−1] (erv) (Entered: 06/10/2002)

June 6, 2002
43

AMENDED ANSWER [5−1] by defendant Milgard Manuf Inc to Pla's First Amended Complaint and Jury Trial Demand (erv) (Entered: 06/21/2002)

June 20, 2002
45

ORDER Setting Oral Argument by Judge Marcia S. Krieger granting Pla's UNopposed motion for (hearing) Oral Argument and Submissions of Supplemental Authorities [25−1] setting a 2 hr hearing on Dfts motion for order to sever claims pursuant to FRCP 21 [27−1] 1:00 8/9/02, and Dfts Motion [10−1] to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3) (cc: all counsel) ; entry date : 6/27/02 (erv) (Entered: 06/27/2002)

June 26, 2002
47

Stipulated PROTECTIVE ORDER Re: Medical Records by Magistrate Judge O. E. Schlatter : (cc: all counsel) (erv) (Entered: 08/01/2002)

July 17, 2002
46

Stipulated PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter, to protect the discovery and dissemination of confidential information : (cc: all counsel) (erv) Modified on 08/01/2002 (Entered: 08/01/2002)

July 31, 2002
48

COURTROOM MINUTES of Oral Arguments Hrg by Judge Marcia S. Krieger denying Dfts motion for order to sever claims pursuant to FRCP 21 as premature; regarding Dfts [10−1] motion to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3); is taken under advisement ; entry date : 8/9/02 Court Reporter: Paul Zuckerman (erv) (Entered: 08/09/2002)

Aug. 9, 2002
49

Joint Stipulated MOTION by plaintiff, defendant, intervenor−plaintiff to amend schedule order [18−1] entered 4/3/02 (erv) (Entered: 09/09/2002)

Sept. 6, 2002
50

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Joint Stipulated motion to amend schedule order [18−1] entered 4/3/02 [49−1] (erv) (Entered: 09/09/2002)

Sept. 6, 2002
51

Amended SCHEDULING ORDER Magistrate Judge O. E. Schlatter ; Discovery cutoff 3/31/03 ;dispositive motions due 5/1/03; the parties shall designate all experts and provide opposing csl and any pro−se party with all information specified in FRCP 26(a)(2) on or before 12/16/02. The parties shall designate all rebuttal experts and provide opposing csl and any pro−se party with all information on or before 2/17/03 (cc: all counsel) (erv) (Entered: 09/19/2002)

Sept. 18, 2002
52

ORDER Denying Dfts' Motion to Dismiss by Judge Marcia S. Krieger denying motion to dismiss for lack of jurisdiction over pla's 3rd claim for relief pursuant to FRCP 12(h)(3) [10−1] (cc: all counsel) ; entry date : 10/15/02 (erv) (Entered: 10/15/2002)

Oct. 11, 2002
53

Second AMENDED MOTION by plaintiff, defendant, intervenor−plaintiff to amend schedule order [18−1] entered 4/3/02 [49−1] , and to vacate and reset the Final Pretrial Conf set for 2/3/03 Terminating prior motion to amend schedule order [18−1] entered 4/3/02 [49−1] (erv) (Entered: 11/27/2002)

Nov. 26, 2002
54

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Second Joint motion to amend schedule order [18−1] entered 4/3/02 [49−1] [53−1], and [53−2] motion to vacate and reset the Final Pretrial Conf set for 2/3/03 (erv) (Entered: 12/02/2002)

Nov. 29, 2002
55

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting the Joint motion to amend schedule order [18−1] entered 4/3/02 [49−1] [53−1], granting the Joint motion to vacate and reset the Final Pretrial Conf set for 2/3/03 [53−2] ; pretrial conf Reset for 9:00 4/28/03 Designation of Experts 1/31/03; Rebuttal Experts 3/3/03 (cc: all counsel) ; entry date : 12/3/02 (erv) (Entered: 12/03/2002)

Dec. 2, 2002
56

MOTION by plaintiff EEOC to substitute attorney (erv) (Entered: 01/30/2003)

Jan. 29, 2003
57

Unopposed MOTION by plaintiff EEOC to extend time for designation of Expert Witnesses to 2/21/03 and rebuttal experts to 3/21/03 (erv) (Entered: 01/31/2003)

Jan. 31, 2003
58

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Pla's Unopposed motion to extend time for designation of Expert Witnesses to 2/21/03 and rebuttal experts to 3/21/03 [57−1] (erv) (Entered: 02/11/2003)

Feb. 10, 2003
60

Unopposed MOTION by defendant Milgard Manuf Inc to extend time for designation of Expert Witnesses (erv) (Entered: 02/21/2003)

Feb. 20, 2003
61

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dfts Unopposed motion to extend time for designation of Expert Witnesses [60−1] (erv) (Entered: 02/25/2003)

Feb. 21, 2003
62

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Pla's Unopposed motion to extend time for designation of Expert Witnesses to and incl 2/25/03 [60−1] (cc: all counsel) ; entry date : 2/27/03 (erv) (Entered: 02/27/2003)

Feb. 25, 2003
63

ORDER by Judge Marcia S. Krieger granting motion to substitute attorney [56−1] attorney Evangelina Fierro Hernandez for EEOC and substituting attorney Lynn L. (cc: all counsel) ; entry date : 2/27/03 (erv) (Entered: 02/27/2003)

Feb. 26, 2003
64

Third Joint MOTION by plaintiff, defendant, intervenor−plaintiff to amend schedule order [51−1] , and second Joint Motion to vacate and reschedule Final Pretrial Conf currently set for 4/28/03 (erv) (Entered: 03/06/2003)

March 4, 2003
65

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Third Joint motion to amend schedule order [51−1] [64−1] referring to Magistrate Judge O. E. Schlatter the Joint motion to vacate and reschedule Final Pretrial Conf currently set for 4/28/03 [64−2] (erv) (Entered: 03/07/2003)

March 5, 2003
66

ORDER by Magistrate Judge O. E. Schlatter granting Third Joint motion to amend schedule order [51−1] [64−1], granting motion to vacate and reschedule Final Pretrial Conf currently set for 4/28/03 [64−2] ; discovery ddl set 5/30/03 ; disp mtn ddl set 8/18/03 ; pretrial conf set for 9:00 7/30/03 (cc: all counsel) ; entry date : 3/10/03 (erv) (Entered: 03/10/2003)

March 7, 2003
67

MOTION by plaintiff EEOC to bifurcate the Trial of the Class portion of this case into separate stages, 1st issues of liability and, 2nd questions of individual relief (erv) (Entered: 04/14/2003)

April 11, 2003
68

ORDER by Judge Marcia S. Krieger Denying Without Prejudice, Pla's motion to bifurcate the Trial of the Class portion of this case into separate stages, 1st issues of liability and, 2nd questions of individual relief [67−1]; Pla has not complied with applicable provisions of the FRCP or the United States District Court for the District of Colorado Local Rules of Practice, specifically D.C.COLOLCivR 7.1(a) (cc: all counsel) ; entry date : 4/16/03 (erv) (Entered: 04/16/2003)

April 15, 2003
69

RESPONSE In Opposition by defendant Milgard Manuf Inc to Pla's Unopposed motion to bifurcate the Trial of the Class portion of this case into separate stages, 1st issues of liability and, 2nd questions of individual relief [67−1](Pleading titled: Milgard's Motion to Deny Pla's EEOC's pending Unopposed Motion to Bifurcate Class Claim) (erv) (Entered: 04/16/2003)

April 15, 2003
70

ORDER by Judge Marcia S. Krieger denying Dfts motion response [69−1] as moot (cc: all counsel) ; entry date : 4/18/03 (erv) (Entered: 04/18/2003)

April 17, 2003
71

Unopposed MOTION by plaintiff EEOC to bifurcate class claim (erv) (Entered: 04/24/2003)

April 23, 2003
72

Second Unopposed MOTION by defendant Milgard Manuf Inc to extend time for designation of experts up to and incl 5/9/03 (erv) (Entered: 04/30/2003)

April 29, 2003
73

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Milgard's Unopposed motion to extend time for designation of experts up to and incl 5/9/03 [72−1] (cc: all counsel) ; entry date : 5/1/03 (erv) (Entered: 05/01/2003)

April 30, 2003
74

ORDER by Judge Marcia S. Krieger granting motion to bifurcate class claim [71−1]; It is ORDERED that the Trial of the class portion of this case is bifurcated into separate stages addressing, first, issues of liability and, second, questions of individual relief. Within 10 days the parties shall schedule a trial by contcting

April 30, 2003
76

MOTION by plaintiff EEOC to compel Discovery and Delay Expert Reports until determination of this motion (erv) (Entered: 05/06/2003)

May 2, 2003
77

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1] (erv) (Entered: 05/06/2003)

May 5, 2003
78

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; Dfts shall have to and including 5/16/03 to respond regarding [76−1] motion to compel Discovery and Delay Expert Reports until determination of this motion (cc: all counsel) ; entry date : 5/8/03 (pap) (Entered: 05/08/2003)

May 7, 2003
79

Trial Prep ORDER by Judge Marcia S. Krieger two−week jury trial set for 1:00 9/13/04 ; Trial prep conference set for 8:00 8/13/04 (cc: all counsel) ; entry date : 5/12/03 (erv) (Entered: 05/12/2003)

May 9, 2003
80

UNopposed MOTION by defendant Milgard Manuf Inc to extend time in which to respond to EEOC's Motion to Compel to and incl 5/22/03 (erv) (Entered: 05/16/2003)

May 15, 2003
81

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Dfts Unopposed motion to extend time in which to respond to EEOC's Motion to Compel to and incl 5/22/03 [80−1] (cc: all counsel) ; entry date : 5/16/03 (erv) (Entered: 05/16/2003)

May 15, 2003
82

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dfts Unopposed motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1] (erv) (Entered: 05/16/2003)

May 15, 2003
83

Fourth Joint MOTION by plaintiff, defendant, intervenor−plaintiff to amend schedule order [51−1] , and to vacate and reschedule the Final Pretrial Conf currently set for 7/30/03 (erv) (Entered: 05/21/2003)

May 20, 2003
84

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to amend schedule order [51−1] [83−1], referring to Magistrate Judge O. E. Schlatter the motion to vacate and reschedule the Final Pretrial Conf currently set for 7/30/03 [83−2] (erv) (Entered: 05/21/2003)

May 21, 2003
85

Second Unopposed MOTION by defendant Milgard Manuf Inc to extend time in which to respond to EEOC's Motion to compel (erv) (Entered: 05/22/2003)

May 21, 2003
86

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dft Milgard's Second Unopposed motion to extend time in which to respond to EEOC's Motion to compel [85−1] (erv) (Entered: 05/22/2003)

May 21, 2003
87

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dfts Second Unopposed motion to extend time in which to respond to EEOC's Motion to compel [85−1] (erv) (Entered: 05/23/2003)

May 22, 2003
88

RESPONSE in Opposition by defendant Milgard Manuf Inc to Pla EEOC's motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1] (erv) (Entered: 05/27/2003)

May 23, 2003
89

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Dfts Second Unopposed motion to extend time in which to respond to EEOC's Motion to compel to and incl 5/27/03 [85−1] setting hearing on Pla's motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1] 11:00 6/12/03; and [83−1] Pla's Fourth Joint motion to amend schedule order [51−1], as well as [83−2] Pla's third joint motion to vacate and reschedule the Final Pretrial Conf currently set for 7/30/03 (cc: all counsel) ; entry date : 5/28/03 (erv) (Entered: 05/28/2003)

May 23, 2003
91

COURTROOM MINUTES of Motions hrg by Magistrate Judge O. E. Schlatter GRANTING Fourth Joint motion to amend schedule order [51−1] [83−1], GRANTING Third Joint motion to vacate and reschedule the Final Conf currently set for 7/30/03 [83−2], GRANTING Plas' motion to compel Discovery and Delay Expert Reports until determination of this motion for reasons stated on the record [76−1] ; discovery ddl Reset 9/30/03 ; disp mtn ddl Reset 11/24/03 ; pretrial conf Reset for 9:15 1/23/04 ; entry date : 6/16/03 Court Reporter: OES Civil Tape 2003−23ct (erv) (Entered: 06/16/2003)

June 12, 2003
92

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; discovery ddl set 9/30/03 ; disp mtn ddl set 11/24/03 ; pretrial conf set for 9:15 1/23/04 granting motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1], granting motion to amend schedule order [51−1] [83−1], granting motion to vacate and reschedule the Final Pretrial Conf currently set for 7/30/03 [83−2] (cc: all counsel) ; entry date : 6/16/03 (erv) (Entered: 06/16/2003)

June 12, 2003
94

TRANSCRIPT of Motions Hrg on 6/12/03 before O. Edward Schlatter, United States Magistrate Judge ( pages: 1−20) Prepared By: Avery Woods Reporting Service (certified copy) (erv) (Entered: 06/20/2003)

June 18, 2003
93

Unopposed MOTION by defendant Milgard Manuf Inc to extend time to file Objections to Mag Judge Order of 6/12/03 to and incl 7/3/03 (erv) (Entered: 06/19/2003)

June 19, 2003
95

ORDER by Judge Marcia S. Krieger granting dft's unopposed motion to extend time to file Objections to Mag Judge Order of 6/12/03 to and incl 7/3/03 [93−1] regarding [91−2] minutes, regarding [92−2] minute order (cc: all counsel) ; entry date : 6/25/03 (gms) (Entered: 06/25/2003)

June 24, 2003
96

OBJECTION to the Magistrate Judge's Order Re: Pla EEOC's Motion to Compel Discovery by defendant Milgard Manuf Inc concerning minute order [92−2] (erv) (Entered: 07/07/2003)

July 3, 2003
97

MOTION by plaintiff EEOC for protective order precluding deposition of the Commission except for the limited purpose of clarifying handwritten notes of the EEOC Investigator and EEOC's Objection to Dfts Notice of Deposition (erv) (Entered: 07/09/2003)

July 8, 2003
98

ORDER by Magistrate Judge O. E. Schlatter GRANTING Pla's motion to compel Discovery and Delay Expert Reports until determination of this motion [76−1] (cc: all counsel) ; entry date : 7/15/03 (erv) (Entered: 07/15/2003)

July 14, 2003
99

ORDER by Magistrate Judge O. E. Schlatter GRANTING the parties Fourth Joint motion to amend schedule order [51−1] [83−1], GRANTING motion to vacate and reschedule the Final Pretrial Conf currently set for 7/30/03 [83−2] ; discovery ddl set 11/1/03 ; disp mtn ddl set 12/15/03 ; pretrial conf set for 9:30 1/8/04 finding the motion to extend time in which to respond to EEOC's Motion to Compel to and incl 5/22/03 [80−1] moot (cc: all counsel) ; entry date : 7/15/03 (erv) (Entered: 07/15/2003)

July 14, 2003
100

ORDER by Judge Marcia S. Krieger OVERRULING Dft Milgard's OBJECTION to the Magistrate Judge's Order Re: Pla EEOC's Motion to Compel Discovery [96−1], It is FURTHER ORDERED that the Maggistrate's Order GRANTING he moion to compel is Affirmed [92−2] [94−1] [98−1] (cc: all counsel) ; entry date : 7/28/03 (erv) (Entered: 07/28/2003)

July 24, 2003

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 31, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Milgard Manufacturing, Incorporated (Montebello area of Denver), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 3350000

Order Duration: 2004 - 2007

Content of Injunction:

Utilize objective hiring/promotion criteria

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Reporting

Monitor/Master

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit