Case: EEOC v. Paragary's Management Group

2:05-cv-01983 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 29, 2005

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 29, 2005, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The EEOC sued Paragary's Management Group, Paramoor, Inc., and PDK Partnership under Title VII of the Civil Rights Act of 1964, representing claimants who alleged the defendants had subjected them to a hostile work environment and disparate treatment. The EEOC sought a permanent injunction enjoining the decedent from future harassment or disc…

On September 29, 2005, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The EEOC sued Paragary's Management Group, Paramoor, Inc., and PDK Partnership under Title VII of the Civil Rights Act of 1964, representing claimants who alleged the defendants had subjected them to a hostile work environment and disparate treatment. The EEOC sought a permanent injunction enjoining the decedent from future harassment or discrimination, and also sought backpay and monetary compensation.

Specifically, the claimants alleged sexual harassment in the form of verbal and physical acts. They further alleged that the defendant had discriminated against them as Mexican females by providing different terms and conditions of employment, requiring them to do the work of non-Mexican female employees, and denying them breaks and requested leave.

On April 29, 2009, U.S. District Judge Morrison C. England approved and ordered a consent decree to be in effect for three years. The consent decree required the defendant to issue an anti-harassment policy, impose a complaint procedure, use outside consultant to train all employees, and prepare reference letters for the claimants. The decree also required that the defendant pay $60,000 in damages to the claimants. There's nothing more in the docket, so presumably the matter ended in 2012.

Summary Authors

Kevin Wilemon (5/23/2008)

Gabriela Hybel (10/30/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4158318/parties/equal-employment-opportunity-commission-v-paragarys-management-group/


Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Hernandez, Evangelina Patricia (California)

Offen-Brown, David F. (California)

O'hara, Cindy S (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Christian, Michael J (California)

Parker, Alden John (California)

Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Hernandez, Evangelina Patricia (California)

Offen-Brown, David F. (California)

O'hara, Cindy S (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Christian, Michael J (California)

Parker, Alden John (California)

Documents in the Clearinghouse

Document

Docket (PACER)

April 29, 2009 Docket
1

Complaint

Sept. 29, 2005 Complaint
5

First Amended Complaint

Nov. 17, 2005 Pleading / Motion / Brief
37

Consent Decree

April 28, 2009 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158318/equal-employment-opportunity-commission-v-paragarys-management-group/

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

ECF Number Description Date Link
1

COMPLAINT against Paragary's Management Group, et al., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Offen-Brown, David) No filing fee required - Govt pltf. Modified on 9/30/2005 (Sherman, T). (Entered: 09/29/2005)

1 Civil Cover Sheet

View on PACER

Sept. 29, 2005 PACER
2

SUMMONS ISSUED as to *Paragary's Management Group, et al.* with answer to complaint due within *20* days. Attorney *David Forgan Offen-Brown* *US Equal Employment Opportunity Commission* *350 The Embarcadero, Suite 500* *San Francisco, CA 94105-1260*. (Sherman, T) (Entered: 09/30/2005)

Sept. 29, 2005 PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/5/2005 at 3:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Sherman, T) (Entered: 09/30/2005)

1 Consent Forms

View on PACER

2 VDRP Forms

View on PACER

Sept. 29, 2005 PACER
4

SUMMONS ISSUED as to *Paramoor, Inc, PDK Partnership* with answer to complaint due within *20* days. Attorney *William R. Tamayo* *US Equal Employment Opportunity Commission* *350 The Embarcadero, Suite 500* *San Francisco, CA 94105-1260*. (Sherman, T) (Entered: 10/03/2005)

Oct. 3, 2005 PACER
5

First AMENDED COMPLAINT against PK Partnership, Paramoor, Inc, PDK Partnership, Paragary's Management Group, et al., filed by Equal Employment Opportunity Commission.(Esparza-Cervantes, Elizabeth) (Entered: 11/17/2005)

Nov. 17, 2005 PACER
6

CIVIL COVER SHEET by Equal Employment Opportunity Commission (Esparza-Cervantes, Elizabeth) (Entered: 11/17/2005)

Nov. 17, 2005 PACER
7

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Equal Employment Opportunity Commission. (Esparza-Cervantes, Elizabeth) (Entered: 11/17/2005)

Nov. 17, 2005 PACER
8

STIPULATION and PROPOSED ORDER : STATUS (PRETRIAL SCHEDULING) CONFERENCE REPORT by Equal Employment Opportunity Commission. (Esparza-Cervantes, Elizabeth) (Entered: 11/21/2005)

Nov. 21, 2005 PACER
9

SUMMONS ISSUED as to *PK Partnership* with answer to complaint due within *20* days. Attorney *Elizabeth Esparza-Cervantes* *US Equal Employment Opportunity Commission* *350 The Embarcadero, Ste 500* *San Francisco, CA 94105-1260*. (Duong, D) (Entered: 11/22/2005)

Nov. 22, 2005 PACER
10

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. Paramoor, Inc served on 11/2/2005, answer due 11/22/2005. (Esparza-Cervantes, Elizabeth) (Entered: 11/28/2005)

Nov. 28, 2005 PACER
11

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. (Attachments: # 1New Case Opening Documents)(Esparza-Cervantes, Elizabeth) Modified on 11/30/2005 (Duong, D). (Entered: 11/28/2005)

1 Exhibits

View on PACER

Nov. 28, 2005 PACER
12

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission re 3 Civil New Case Documents for LKK, 4 Summons,, 1 Complaint, Notice and Acknowledgment of Receipt (Esparza-Cervantes, Elizabeth) Modified on 11/30/2005 (Duong, D). (Entered: 11/28/2005)

Nov. 28, 2005 PACER
13

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission re 2 Summons,, 3 Civil New Case Documents for LKK, 1 Complaint, and Notice and Acknowledgment of Receipt (Attachments: # 1 Notice and Acknowledgment of Receipt (California Service Waiver), used Per Fed. R. Civ. P. 4 (h) (1))(Esparza-Cervantes, Elizabeth) (Entered: 11/28/2005)

1 Notice and Acknowledgment of Receipt (California Service Waiver), used Per Fed.

View on PACER

Nov. 28, 2005 PACER
14

ORDER of RECUSAL: Judge Lawrence K. Karlton recused himself and the case is now reassigned to Judge Frank C. Damrell, Jr for all further proceedings. Signed by Judge Lawrence K. Karlton on 12/2/05. (Duong, D) (Entered: 12/02/2005)

Dec. 2, 2005 RECAP
15

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 VDRP Forms) (Duong, D) (Entered: 12/02/2005)

1 VDRP Forms

View on PACER

Dec. 2, 2005 PACER
16

ANSWER to COMPLAINT by Paramoor, Inc.(Parker, Alden) (Entered: 12/12/2005)

Dec. 12, 2005 PACER
17

ORDER of RECUSAL. Judge Frank C. Damrell, Jr recuses as the judge to whom this case is assigned. Case reassigned to Judge Morrison C. England, Jr for all further proceedings signed by Judge David F. Levi on 12/13/2005. (Reader, L) (Entered: 12/15/2005)

Dec. 15, 2005 RECAP
18

CIVIL SCHEDULING ORDR DOCUMENTS ISSUED for MCE; (Reader, L) (Entered: 12/15/2005)

Dec. 15, 2005 PACER
19

STIPULATION Substitution of Attorney by Paramoor, Inc. (Christian, Michael) (Entered: 04/26/2006)

April 26, 2006 PACER
20

PROPOSED ORDER Substitution of Attorney re 19 Stipulation by Paramoor, Inc. (Christian, Michael) (Entered: 04/28/2006)

April 28, 2006 PACER
21

ORDER signed by Judge Morrison C. England Jr. on 5/3/06 GRANTING Substitution of Attorney. Basham Parker LLP added and Jackson Lewis LLP terminated as attorney of record for Defendant Paramoor Inc. (Donati, J) (Entered: 05/03/2006)

May 3, 2006 RECAP
22

NOTICE of Unavailability of Counsel for Plaintiff EEOC. (Esparza-Cervantes, Elizabeth) Modified on 12/13/2006 (Krueger, M). (Entered: 12/12/2006)

Dec. 12, 2006 PACER
23

NOTICE of CHANGE of ADDRESS by Alden John Parker. (Parker, Alden) (Entered: 07/03/2007)

July 3, 2007 PACER
24

NOTICE of APPEARANCE by Evangelina Patricia Hernandez on behalf of Equal Employment Opportunity Commission. Attorney Hernandez, Evangelina Patricia added. (Hernandez, Evangelina) (Entered: 09/21/2007)

Sept. 21, 2007 PACER
25

MINUTE ORDER (Text Only): A review of the docket shows that there has been no activity in this case since 9/21/2007. A Status Conference is SET for 12/19/2008 at 9:00 AM in Courtroom 7. A Joint Status Report shall be filed on or before 12/5/2008 with all parties participating. Plaintiff shall serve a copy of this minute order on any defendant(s) who has not yet appeared. The parties are reminded that failure to file a Joint Status Report timely may result in the imposition of sanctions, an order to show cause, and/or dismissal of the action. Signed by Judge Morrison C. England, Jr on 09/24/08.(Schultz, C) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
26

JOINT STATUS (PRETRIAL SCHEDULING) CONFERENCE REPORT by Equal Employment Opportunity Commission. Attorney O'Hara, Cindy S added. (O'Hara, Cindy) Modified on 12/8/2008 (Marciel, M). (Entered: 12/05/2008)

Dec. 5, 2008 PACER
27

ORDER signed by Judge Morrison C. England, Jr on 12/9/08 ORDERING the Scheduling Conference reset for 2/6/2009 at 09:00 a.m. in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Becknal, R) (Entered: 12/10/2008)

Dec. 10, 2008 RECAP
28

STIPULATION and PROPOSED ORDER for continue status conference by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 02/02/2009)

Feb. 2, 2009 PACER
29

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 2/4/09: Status Conference RESET for 3/5/2009 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Kaminski, H) (Entered: 02/04/2009)

Feb. 4, 2009 RECAP
30

PLAINTIFF(S) STATUS REPORT by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 03/02/2009)

March 2, 2009 PACER
31

MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Status Conference, scheduled for hearing on 3/5/2009, is submitted without oral argument. The hearing date of 3/5/2009 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.Signed by Judge Morrison C. England, Jr. on 3/4/2009. (Deutsch, S) (Entered: 03/04/2009)

March 4, 2009 PACER
32

DEFENDANT(S) STATUS REPORT by Paramoor, Inc. (Parker, Alden) (Entered: 03/04/2009)

March 4, 2009 PACER
33

MINUTE ORDER (Text Only): The 3/5/2009 Status Conference is reset for hearing on 3/26/2009 at 2:00 p.m. in Courtroom 7. Signed by Judge Morrison C. England, Jr. on 3/9/2009. (Deutsch, S) (Entered: 03/09/2009)

March 9, 2009 PACER
34

MINUTE ORDER (Text Only): The status conference, scheduled for hearing on 3/26/2009, is VACATED. If the Court determines that a status conference is needed, it will be scheduled at a later date. (Schultz, C) (Entered: 03/25/2009)

March 25, 2009 PACER
35

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Morrison C. England, Jr on 3/27/09 ORDERING that pursuant to the representations of the attorney forDefendants, the Court has determined that this case is settled; In accordance with the provisions of Local Rule 16-160, dispositional documents are to be filed on or before 4/15/09; Failure to comply with this Order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this Order. (Becknal, R) (Entered: 03/27/2009)

March 27, 2009 RECAP
36

STIPULATION and PROPOSED ORDER for Consent Decree by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 04/15/2009)

April 15, 2009 PACER
37

CONSENT DECREE signed by Judge Morrison C. England, Jr on 4/28/09. It is hereby ORDERED, ADJUDGED and DECREED that this Court has jurdisction over the subject matter and the parties to this action. This Court retains jurisdiction over this Consent Decree during its term. This Consent Decree constitutes a full and final resolution of the Commission's claims against all named dfts in this action. The Commission and Paramoor will each bear its own costs and atty's fees in this action.(Kastilahn, A) (Entered: 04/29/2009)

April 29, 2009 RECAP

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: 2012

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

PDK Partnership (Sacramento County), Private Entity/Person

Paramoor, Inc. (Sacramento County), Private Entity/Person

Paragary's Management Group (Sacramento County), Private Entity/Person

PK Partnership (Unknown), Private Entity/Person

PDK Partnership (Unknown), Private Entity/Person

Paramoor, Inc. (Unknown), Private Entity/Person

Paragary's Management Group (Unknown), Private Entity/Person

PK Partnership (Sacramento County), 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: 60,000

Order Duration: 2009 - 2012

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

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

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic