Case: EEOC v. SCI WASHINGTON FUNERAL SERVICES, INC. dba MILLER-W

3:98-cv-05421 | U.S. District Court for the Western District of Washington

Filed Date: July 24, 1998

Closed Date: Jan. 25, 2003

Clearinghouse coding complete

Case Summary

In July 1998, the Seattle District Office of th EEOC filed this lawsuit against SCI Washington Funeral Services Inc., doing business as Miller-Woodlawn Funeral Home and Memorial Park, in the U.S. District Court for the Western District of Washington alleging retaliation 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 are unknown. However, it appears from the Proposed Consent Decree that the EEOC alleged the de…

In July 1998, the Seattle District Office of th EEOC filed this lawsuit against SCI Washington Funeral Services Inc., doing business as Miller-Woodlawn Funeral Home and Memorial Park, in the U.S. District Court for the Western District of Washington alleging retaliation 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 are unknown. However, it appears from the Proposed Consent Decree that the EEOC alleged the defendant was retaliated against for refusing to sign an employment agreement containing a mandatory arbitration clause. The complainant intervened in the lawsuit in September 1999. Following some discovery, the parties settled the lawsuit in January 2000 through a consent decree.

The three year decree, containing anti-discrimination and anti-retaliation clauses, required the defendant to: report on incidents of voluntary arbitration by employees and compliance reporting to the EEOC, develop an anti-discrimination policy, post notice of employee rights and provide EEO training.

Summary Authors

David Friedman (12/13/2007)

Documents in the Clearinghouse

Document

3:98-cv-05421

Docket (PACER)

EEOC v. SCI Washington Funeral Services

Aug. 1, 2000

Aug. 1, 2000

Docket
37

3:98-cv-05421

Proposed Consent Decree

EEOC v. SCI Washington Funeral Services

Jan. 25, 2000

Jan. 25, 2000

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - JURY TRIAL DEMANDED (Summons(es) issued) Receipt # waived (KM) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

2

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 10/12/98 (cc: counsel, Judge) (JAB) (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

3

ORDER by Judge Franklin D. Burgess re: discovery & depositions (cc: counsel, Judge) (JAB) (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

5

ANSWER to complaint [1-1] by defendant (KM) (Entered: 08/28/1998)

Aug. 26, 1998

Aug. 26, 1998

6

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5 (CAR) (Entered: 10/13/1998)

Oct. 9, 1998

Oct. 9, 1998

7

TRIAL NOTICE Discovery cutoff 3/14/99 Motion filing deadline 4/3/99 Pretrial order to be submitted by 6/3/99 Pretrial conference set for 3:30 6/11/99 jury trial set for 9:00 7/12/99 Trial briefs to be submitted by 6/3/99 Voir dire/Jury Inst. to be submitted by 6/3/99 39.1 designation effective 3/24/99 (cc:all counsel) (KM) (Entered: 11/18/1998)

Nov. 18, 1998

Nov. 18, 1998

8

JURY INSTRUCTIONS Court's standard cc: counsel (KM) (Entered: 12/02/1998)

Nov. 30, 1998

Nov. 30, 1998

9

JOINT MOTION to extend discovery and pretrial ddls and trial date (CAR) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

LODGED ORDER re: motion to extend discovery and pretrial ddls and trial date [9-1] (CAR) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

10

ORDER by Judge Franklin D. Burgess that the Joint Motion to Extend Discovery and Pretrial Ddls and Trial Date [9-1] is GRANTED. The clerk of court shall select a new trial date and issue a new pretrial schedule extending all current dates and ddls at least 4 mos counsel, Judge) (CAR) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

11

TRIAL NOTICE Discovery cutoff 8/23/99 Motion filing deadline 9/21/99 Pretrial order to be submitted by 11/10/99 Pretrial conference set for 10:00 11/19/99 jury trial set for 12/20/99 Trial briefs to be submitted by 11/10/99 Voir dire/Jury Inst. to be submitted by 11/10/99 39.1 designation effective 9/10/99 (cc:all counsel) (KM) (Entered: 03/31/1999)

March 31, 1999

March 31, 1999

12

MOTION by defendant to strike claim for injunctive relief NOTED FOR 5/28/99 (CAR) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

13

MEMORANDUM by defendant in support of motion to strike claim for injunctive relief [12-1] (CAR) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

14

DECLARATION of Frederick T Rasmussen in support of motion to strike claim for injunctive relief [12-1] (CAR) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

15

DECLARATION of Jim Letson in support of motion to strike claim for injunctive relief [12-1] (CAR) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

LODGED ORDER re: motion to strike claim for injunctive relief [12-1] (CAR) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

16

OPPOSITION/RESPONSE by plaintiff to motion to strike claim for injunctive relief [12-1]; ORAL ARGUMENT REQUESTED (CAR) (Entered: 05/24/1999)

May 24, 1999

May 24, 1999

18

REPLY by defendant TO RESPONSE to motion to strike claim for injunctive relief [12-1] (CAR) (Entered: 05/28/1999)

May 27, 1999

May 27, 1999

19

ORDER by Judge Franklin D. Burgess DENYING motion to strike claim for injunctive relief [12-1] (cc: counsel, Judge) (CAR) (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

20

JOINT MOTION for extension of disc & pretrial ddls & trial date (CAR) (Entered: 08/24/1999)

Aug. 20, 1999

Aug. 20, 1999

LODGED ORDER: re: motion for extension of disc & pretrial ddls & trial date [20-1] (EC) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

21

MOTION to intervene by Debra Braz NOTED FOR 9/24/99 (KM) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

22

DECLARATION of Clayton Longacre re motion to intervene by Debra Braz [21-1] (KM) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

LODGED ORDER: re: motion to intervene by Debra Braz [21-1] (KM) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

23

AFFIDAVIT OF SERVICE by intervenor of motion to intervene by Debra Braz [21-1], of order lodged [0-0], of declaration [22-1] (KM) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

24

ORDER TO SHOW CAUSE: by Judge Franklin D. Burgess deadline set for 10/1/99 for parties to show why their Joint Motion to Extend Discovery and Pretrial Ddls and Trial Date should not be denied (cc: counsel, Judge) (EC) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

25

ORDER by Judge Franklin D. Burgess GRANTING motion to intervene by Debra Braz [21-1] interpleader Debra Braz (cc: counsel, Judge) (EC) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

26

RESPONSE re: joint motion for extension of disc & pretrial ddls trial date [20-1] (EC) (Entered: 10/01/1999)

Oct. 1, 1999

Oct. 1, 1999

27

ORDER by Judge Franklin D. Burgess that all dates & ddls in this matter are STRICKEN; that this matter is referred to Judge Arnold for the purpose of conducting a settlement conference that the parties shall contact Judge Arnold's chambers to establish the specific time for commencement of the settlement conference; that cnsl for all paries shall ensure the physical presence of the individual with full settlement authority at the settlement conference; and that the parties shall by 4:00 p.m., 10/28/99, submit to the chambers of Judge Arnold a settlement brief not exceeding five pages. The settlement brief is NOT to be filed with the Clerk of the Court. (cc: counsel, Judge) (CAR) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

28

MINUTE ORDER by Magistrate Judge J. K. Arnold that a settlement conf will be held w/the Hon. J. Kelley Arnold, U.S. Mag Judge, at 9:00 a.m. on 11/2/9. Settlement memos/briefs will be due by 4:00 p.m. on 10/28/99. **SEE ORDER FOR REMAINING DETAILS** (cc: counsel, Judge) (CAR) (Entered: 10/20/1999)

Oct. 19, 1999

Oct. 19, 1999

29

COMPLAINT in Intervention by intervenor Debra Braz (CAR) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

30

MINUTE ORDER RE Settlement Conference by Magistrate Judge J. K. Arnold - this matter was referred by Order 12,1999, from the chambers of the Honorable Franklin D. Burgess, for purposes of a settlement conference. P', her independent cnsl, cnsl for EEOC, and def cnsl along w/D' in house cnsl, appeared as directed 11/2/99. The matter was not resolved. The file is returned to the trial court. (cc: counsel, Judge) (CAR) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

31

MINUTE ORDER: by Judge Franklin D. Burgess ; joint status report ddl due by 12/3/99 (cc: counsel, Judge) (KM) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

32

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5-10 (CAR) (Entered: 12/10/1999)

Dec. 10, 1999

Dec. 10, 1999

33

TRIAL NOTICE Discovery cutoff 7/24/00 Motion filing deadline 8/11/00 Pretrial order to be submitted by 10/12/00 Pretrial conference set for 2:30 10/20/00 jury trial set for 9:00 11/20/00 Trial briefs to be submitted by 10/12/00 Voir dire/Jury Inst. to be submitted by 10/12/00 39.1 designation effective 8/2/00 (cc:all counsel) (KM) (Entered: 12/14/1999)

Dec. 14, 1999

Dec. 14, 1999

34

JURY INSTRUCTIONS Court's standard cc: counsel (KM) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

PROPOSED Consent Decree (CAR) (Entered: 12/23/1999)

Dec. 23, 1999

Dec. 23, 1999

35

ORDER by Judge Franklin D. Burgess that P' shall submit an objecting brief by 1/21/00; that EEOC and SCI Washington shall file a response brief by 1/28/00; and that the P' shall file (if desired) a reply brief by 2/3/00. This matter shall be noted for consideration on 2/4/00. (cc: counsel, Judge) (CAR) (Entered: 01/10/2000)

Jan. 7, 2000

Jan. 7, 2000

36

STIPULATION re: Plaintiff-in-Intervention's right to proceed in private suit (CAR) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

37

CONSENT DECREE by Judge Franklin D. Burgess that the foregoing is approved. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. The Court will have jurisdiction over any action to enforce the Consent Decree approved herein. (cc: counsel, Judge, Jgm. Book) Entered on: 1/26/00 (CAR) (Entered: 01/26/2000)

Jan. 25, 2000

Jan. 25, 2000

38

ANSWER to intervention complaint [29-1] by defendant (EC) (Entered: 05/05/2000)

May 3, 2000

May 3, 2000

39

REBUTTAL EXPERT WITNESS DISCLOSED by interpleader Debra Braz (CAR) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

40

ORDER OF DISMISSAL by Judge Franklin D. Burgess : Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 30 days of the date of this order (cc: counsel, Judge) (CAR) (Entered: 07/31/2000)

July 31, 2000

July 31, 2000

41

STIPULATION and ORDER by Judge Franklin D. Burgess that all claims asserted in the above captioned action shall be dismissed with prejudice, and without costs or fees to either party. (cc: counsel, Judge) (CAR) (Entered: 08/01/2000)

Aug. 1, 2000

Aug. 1, 2000

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 24, 1998

Closing Date: Jan. 25, 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

SCI Washington Funeral Services Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2003

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit