Case: EEOC v. Video Only

3:06-cv-01362 | U.S. District Court for the District of Oregon

Filed Date: Sept. 25, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 25, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Video Only in the United States District Court for the District of Oregon. The EEOC complaint alleged that the defendant had engaged in harassment and retaliation based on race, national origin, and religion in violation of Title VII of the Civil Rights Act of 1964. It sought injunctive and monetary relief.On October 25, two employees of Video Only moved to intervene. They alleged discriminati…

On September 25, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Video Only in the United States District Court for the District of Oregon. The EEOC complaint alleged that the defendant had engaged in harassment and retaliation based on race, national origin, and religion in violation of Title VII of the Civil Rights Act of 1964. It sought injunctive and monetary relief.

On October 25, two employees of Video Only moved to intervene. They alleged discrimination and retaliation based on race, national origin and religion in violation of Title VII, and violations of 42 USC § 1981 and 15 USC § 1681n. Judge Garr King approved the intervention, but we do not have access to the order.

Over the next several months, the parties engaged in discovery.

The EEOC sought to consolidate this action with Video Only Inc (03:08-CV-00122), but the court denied this request on May 2, 2008.

On June 11, 2008, the court granted several motions for summary judgment. The Court granted summary judgement for the plaintiffs on their retaliation claims, holding that Video Only was liable for the retaliation claims alleged under Title VII, ORS Ch. 659A, and § 1981. The Court also barred Video Only from raising the Faragher affirmative defense (If no tangible employment action was taken against the employee, the employer may prove the affirmative defense by a preponderance of the evidence by showing: (1) it exercised reasonable care to prevent and correct the harassment; and (2) the employee unreasonably failed to take advantage of any preventative or corrective opportunities or otherwise failed to avoid harm). The Court also concluded that Video Only violated part of the Fair Credit Reporting Act but left the issue of willfulness for the jury.

On July 23, 2008, the EEOC submitted a stipulated consent decree, which the Court approved a week later. This decree pertained to monetary and injunctive relief and had a duration of three years. For monetary relief, Video Only agreed to pay $630,000 to the plaintiffs. For the injunctive relief, the defendant agreed to refrain from retaliation and to develop anti-discrimination policies and procedures. These policies and procedures included providing anti-discrimination training for employees of Video Only Inc and ensuring that the supervisors and managers were held accountable for ensuring compliance with Title VII. In addition, the defendant agreed to report its compliance with Title VII and this decree to the EEOC.

On August 12 2008, the court dismissed the case between the defendant and two intervenor-plaintiffs.

The case docket shows no indication of non-compliance of the consent decree and the duration of the consent decree has ended. Presumably the case is closed.

Summary Authors

Daisy Manning (6/2/2008)

Sean Whetstone (7/6/2018)

Michael Beech (3/9/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5260964/parties/equal-employment-opportunity-commission-v-video-only-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Barton, Rachelle K.H. (Oregon)

Belnavis, Clarence M. (Oregon)

Bolesky, Sharon (Oregon)

Driscoll, Sean M. (Oregon)

Expert/Monitor/Master/Other

Altschul, Andrew M. (Oregon)

show all people

Documents in the Clearinghouse

Document

3:06-cv-01362

Docket [PACER]

Equal Employment Opportunity Commission v. Video Only, Inc.

Aug. 13, 2008

Aug. 13, 2008

Docket
1

3:06-cv-01362

Complaint

EEOC v. Video Only Inc

Sept. 25, 2006

Sept. 25, 2006

Complaint
5

3:06-cv-01362

Complaint of Plaintiffs-Intervenors

EEOC v. Video Only Inc

Nov. 2, 2006

Nov. 2, 2006

Complaint
116

3:06-cv-01362

Opinion and Order

Equal Employment Opportunity Commission v. Video Only, Inc.

June 11, 2008

June 11, 2008

Order/Opinion

2008 WL 2433841

120

3:06-cv-01362

Consent Decree

Equal Employment Opportunity Commission v. Video Only, Inc.

July 30, 2008

July 30, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5260964/equal-employment-opportunity-commission-v-video-only-inc/

Last updated Jan. 12, 2026, 4:03 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Summons issued as to Video Only, Inc., c/o David Buchanan, Registered Agent. Filed by Equal Employment Opportunity Commission against Video Only, Inc.. (eo) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

RECAP
2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Garr M. King. Discovery is to be completed by 1/23/2007. Joint Alternate Dispute Resolution Report is due by 2/22/2007. Pretrial Order is due by 2/22/2007. Ordered by Judge Garr M. King. (eo) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

3

Unopposed Motion to Intervene. Filed by Michael Gonzales, Jayson Lewis. (Attachments: # 1 Exhibit A) (Altschul, Andrew) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

4

ORDER - Granting Plaintiffs-Intervenors Unopposed Motion to Intervene 3 . Plaintiff-Intervenors shall separately file their Complaint within 10 days. Ordered by Judge Garr M. King. (mja) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

5

Intervener Complaint.Filed by Michael Gonzales, Jayson Lewis against Video Only, Inc.. (pvh) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

6

Answer to Complaint by the EEOC. Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

7

Answer to Intervener Complaint. Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

8

Scheduling Order by Garr M. King. Order - Granting the parties' letter request to extend case schedule as follows: Discovery is to be completed by 5/31/2007. Dispositive Motions are due by 6/7/2007. Setting a Telephone Rule 16 Conference is set for 5/15/2007 at 09:30AM. The court will initiate the call to the following parties: Teri L. Healy (206)220-6916, Kathryn Blaire Olson (206) 220-6895, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262, and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

9

Scheduling Order by Garr M. King. Order - The Pretrial Order is due by 7/6/2007. Ordered by Judge Garr M. King. (mja) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

10

Joint Motion for Extension of Discovery & PTO Deadlines Stipulated Joint Motion to Extend Discovery and all Pretrial Deadlines. Filed by all defendants. (Belnavis, Clarence) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

11

Scheduling Order by Garr M. King. Order - Due to a conflict in the court's schedule, the court is resetting the Telephone Rule 16 Conference from 5/15/2007 to 5/14/2007 at 02:00PM. The court will initiate the call to the following parties: Teri L. Healy (206)220-6916, Kathryn Blaire Olson (206) 220-6895, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262, and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

12

MINUTES of Telephone Conference: Order - The parties' Joint Motion to Extend Discovery and all Pretrial Deadlines 10 is GRANTED as follows: Discovery to be completed by 9/28/2007. Dispositive Motions are due by 10/29/2007. Plaintiff shall designate the names of experts by 10/15/2007. Defendant shall designate the names of experts by 10/31/2007. The parties shall exchange Expert Reports 2/8/2008. Pretrial Order is waived. Setting a Pretrial Conference for 2/11/2008 at 1:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Setting a 4-day Jury Trial for 2/19/2008 at 9:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Teri Healy present as counsel for plaintiff(s). Rachelle K.H. Barton and Clarence m. Belnavis present as counsel for defendant(s). Andrew Altschul present as counsel for intervenor plaintiff. Court Reporter: Nancy Walker. Garr M. King presiding. (mja) (Entered: 05/15/2007)

May 14, 2007

May 14, 2007

13

Trial Management Order. Signed on 05/14/07 by Judge Garr M. King. (pvh) (Entered: 05/15/2007)

May 14, 2007

May 14, 2007

14

Joint Motion to Compel. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

15

Joint Motion to Compel Investigation Materials or Alternatively Motion for Partial Summary Judgment On Defendant's Second Affirmative Defense. Oral Argumentrequested Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

16

Joint Memorandum in Support Motion to Compel. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion to compel 14 .) (Healy, Teri) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

17

Joint Memorandum in Support Investigation Materials or Alternatively Motion for Partial Summary Judgment On Defendant's Second Affirmative Defense. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion to compel 15 .) (Healy, Teri) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

18

Declaration of Teri L. Healy IN SUPPORT OF PLAINTIFFS JOINT MOTION TO COMPEL AND PLAINTIFFS JOINT MOTION TO COMPEL INVESTIGATION MATERIALS OR ALTERNATIVELY MOTION FOR PARTIAL SUMMARY JUDGMENT. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion to compel 15, Motion to compel 14 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W) (Healy, Teri) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

19

Declaration of Andrew Altschul in Support of Plaintiffs' Joint Motions to Compel. Filed by Michael Gonzales, Jayson Lewis. (Related document(s): Motion to compel 15, Motion to compel 14 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2, part 1# 3 Exhibit 2, part 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6, part 1# 8 Exhibit 6, part 2# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10) (Altschul, Andrew) Modified text on 5/23/2007 (Hunt, Patricia). (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

20

Notice of Attorney Withdrawal:.Filed by Equal Employment Opportunity Commission. (Stanley, John) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

21

Motion for Extension of Time to File a Response/Reply Defendant's Motion to Extend Time to Respond to Joint Motion to Compel Investigation Materials or Alternatively Motion for Partial Summary Judgment On Defendant's Second Affirmative Defense 15, Joint Motion to Compel 14 . Filed by all defendants. (Belnavis, Clarence) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

22

ORDER - Granting Defendant's Motion for Extension of Time to File Response 21 up to and including 6/4/2007. Ordered by Judge Garr M. King. (mja) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

23

Declaration of Rachelle Hong Barton in Support of Defendant's Response and Opposition to Plaintiffs' Motion to Compel or Alternatively Motion for Partial Summary Judgment. Filed by all defendants. (Related document(s): Motion to compel 15, Motion to compel 14 .) (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit) (Belnavis, Clarence) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

24

Response Defendant's Response to Plaintiffs' Joint Motion to Compel Non-Investigation Materials to Joint Motion to Compel 14 . Filed by all defendants. (Belnavis, Clarence) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

25

Response Defendant's Response and Opposition to Joint Motion to Compel Investigation Materials or Alternatively Motion for Partial Summary Judgment On Defendant's Second Affirmative Defense 15 . Filed by all defendants. (Belnavis, Clarence) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

26

Reply to Joint Motion to Compel Investigation Materials or Alternatively Motion for Partial Summary Judgment On Defendant's Second Affirmative Defense 15 Oral Argument requested. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

27

Supplemental Declaration of Andrew Altschul in Support of Plaintiffs' Joint Motion for Partial Summary Judgment on Defendant's Second Affirmative Defense. Filed by Michael Gonzales, Jayson Lewis. (Related document(s): Motion to compel 15 .) (Altschul, Andrew) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

28

Scheduling Order by Garr M. King. Order - Setting a Telephone Conference to discuss the parties' Joint Motions to Compel or Alternatively Motion for Summary Judgment 14 & 15 for 6/28/2007 at 10:45AM. The court will initiate the call to the following parties: Teri L. Healy(206) 220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. This conference is being set for the Judge to ask cousel questions and give his rulings on the motions. There is no need for counsel to prepare for argument. Ordered by Judge Garr M. King. (mja) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

29

Scheduling Order by Garr M. King. Order - At the Plaintiff's request, the Court is resetting the Telephone Conference from 6/28/2007 to 6/27/2007 at 01:30PM. The Court will initiate the call to the following parties: Teri L. Healy(206) 220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

30

Notice OF UNAVAILABILITY OF COUNSEL.Filed by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

31

MINUTES of Telephone Conference: Order - Plaintiffs' Joint Motion to Compel 14 is GRANTED in PART and DENIED in PART as stated on the record. Order - Plaintiffs' Joint Motion to Compel Investigation Materials or Alternatively Motion for Partial Summary Judgment on Defendant's Second Affirmative Defense 15 is DENIED with leave to RENEW Partial Summary Judgment Motion. Teri Healy and John Stanley present as counsel for plaintiff(s). Andrew M. Altschul present as counsel for intervenor plaintiff. Clarence Belnavis and Rachelle Barton present as counsel for defendant. Court Reporter: Steven Hardgrove. Garr M. King presiding. (mja) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

32

Stipulated Motion for Protective Order. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

33

Stipulation and Protective Order. Signed on 07/30/07 by Judge Garr M. King. (pvh) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

34

Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

35

Scheduling Order by Garr M. King. Order - Setting a Telephone Conference to discuss Plaintiff's Unopposed Motion for Extension of Discovery and PTO Deadlines 34 for 9/27/2007 at 09:30AM. The Court will initiate the call to the following parties: Teri L. Healy(206) 220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

36

MINUTES of Telephone Conference: Order - Intervenor Plaintiffs' Unopposed Motion for Extension of Discovery & PTO Deadlines 34 is GRANTED as follows: Discovery is to be completed by 11/28/2007. Dispositive Motions are due by 12/28/2007. Exchange expert reports by 3/18/2008. Resetting the Pretrial Conference from 2/11/2008 to 4/14/2008 at 02:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Resetting the 4-day Jury Trial from 2/19/2008 to 4/22/2008 at 09:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Teri Healy and Andrew Altschul present as counsel for plaintiff(s). Rachelle K. H. Barton present as counsel for defendant(s). Court Reporter: Nancy Walker. Garr M. King presiding.Presiding Judge: King, Garr M. (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

37

Unopposed Motion to extend discovery and dispositive motion deadlines. Filed by Video Only, Inc.. (Barton, Rachelle) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

38

Scheduling Order by Garr M. King. Order - Setting a Telephone Conference to discuss Defendant's Unopposed Motion to Extend Discovery and Dispositive Motion Deadlines 37 for 11/1/2007 at 01:45PM. The court will initiate the call to the following parties: Teri L. Healy(206) 220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

39

Scheduling Order by Garr M. King. Order - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the Telephone Conference from 11/1/2007 at 1:45PM to 11/1/2007 at 9:00AM. The court will initiate the call to the following parties: Teri L. Healy (206) 220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

40

Order - At the parties' request, the court is resetting Telephone Conference from 11/1/2007 to 11/2/2007 at 8:30AM.. The court will initiate the call to the following parties: Teri L. Healy (206) 220-6916, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 and Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

41

MINUTES of Proceedings held before Judge Garr M. King - ORDER - Defendant's Unopposed Motion to extend discovery and dispositive motion deadlines 37 is GRANTED, as follows: The deadline for completion of discovery is extended to 1/28/2008. Dispositive Motions are now due by 2/26/2008. Parties shall exchange expert reports by 3/18/08. The Pretrial Conference is RESET to 5/27/2008 at 01:30PM, in Courtroom #9A, before Judge Garr M. King. The 4-day Jury Trial is RESET to 6/3/2008 at 09:00AM, in Courtroom #9A, before Judge Garr M. King. Teri L. Healy and Andrew Altschul present as counsel for plaintiffs. Rachelle Barton present as counsel for defendant(s). Court Reporter: Nancy Walker. (kb) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

42

Scheduling Order by Garr M. King. Order - Due to a conflict in the court's schedule, the court is resetting the TIME set for the Pretrial Conference from 5/27/2008 at 1:30PM to 5/27/2008 at 02:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

43

Notice OF UNAVAILABILITY OF COUNSEL.Filed by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

44

Motion for Extension of Discovery & PTO Deadlines. Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

45

Scheduling Order by Garr M. King. Order - Setting a Telephone Conference to discuss Defendant's Motion for Extension of Discovery & PTO Deadlines 44 for 1/28/2008 at 11:00AM. The Court will initiate the call to the following parties: Teri L. Healy (206)220-6916, John Freeman Stanley (206) 220-6896, Rachelle K.H. Barton (503) 242-4262, ext. 18, Clarence M. Belnavis (503) 242-4262 amd Andrew M. Altschul (503)417-0444. Ordered by Judge Garr M. King. (mja) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

46

Motion to Consolidate. Oral Argumentrequested Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

47

Memorandum in Support of Motion to Consolidate. Filed by Michael Gonzales, Jayson Lewis. (Related document(s): Motion to Consolidate 46 .) (Attachments: # 1 Exhibit A) (Altschul, Andrew) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

48

Response Defendant Video Only, Inc.'s Opposition to Plaintiff-Intervenors' Motion to Consolidate to Motion to Consolidate 46 . Filed by Video Only, Inc.. (Barton, Rachelle) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

49

Declaration of Rachelle Hong Barton in Support of Defendant Video Only, Inc.'s Opposition to Plaintiff-Intervenors' Motion to Consolidate. Filed by Video Only, Inc.. (Related document(s): Motion to Consolidate 46 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Barton, Rachelle) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

50

Reply to Motion to Consolidate 46 Oral Argument requested. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

51

MINUTES of Telephone Conference: Order - Intervenor Plaintiffs' Motion to Consolidate 46 is DENIED with leave to RENEW. Defendant's Motion for Extension of Discovery & PTO Deadlines 44 is GRANTED as follows: Discovery is to be completed by 2/27/2008. Dispositive Motions are due by 3/27/2008. Resetting the Pretrial Conference from 5/27/2008 to 7/7/2008 at 02:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Resetting the 4-day Jury Trial from 6/3/2008 to 7/15/2008 at 09:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Teri Healy present as counsel for plaintiff(s). Rachelle Barton, Clarence Belnavis and Andrew Altschul present as counsel for defendant(s). Court Reporter: Nanacy Walker. Garr M. King presiding. (mja) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

52

Scheduling Order by Garr M. King. Order - At the plaintiff's request, the court is resetting the Pretrial Conference from 7/7/2008 to 7/24/2008 at 10:30AM in Portland, Courtroom 9A, before Judge Garr M. King. the 4-day Jury Trial is reset from 7/15/2008 to 8/5/2008 at 09:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

53

Corporate Disclosure Statement. Filed by Video Only, Inc.. (Barton, Rachelle) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

54

Unopposed Motion for Extension of Time Re Dispositive Motion Deadline and for Waiver of LR 56.1's Conscise Statement of Facts Requirement. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

55

ORDER - Intervenor Plaintiffs' Unopposed Motion for Extension of Time Re Dispositive Motion Deadline and for Waiver of LR 56.1's Conscise Statement of Facts Requirement 54 is GRANTED in PART. Motions due April 10, 2008. The Court will defer ruling on waiving the requirement to file a concise statement of material facts until it learns the positions of the other parties. Ordered by Judge Garr M. King. (mja) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

56

Motion for Order to Show Cause Application For Order to Show Cause and Proposed Order. Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

57

Memorandum in Support Defendant Video Only, Inc.'s Memorandum in Support of Application for Order to Show Cause. Filed by Video Only, Inc.. (Related document(s): Motion for order to show cause 56 .) (Belnavis, Clarence) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

58

Declaration of Rachelle Hong Barton in Support of Application for Order to Show Cause. Filed by Video Only, Inc.. (Related document(s): Motion for order to show cause 56 .) (Belnavis, Clarence) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

59

Order - Intervenor Plaintiffs' Unopposed Motion for Extension of Time Re Dispositive Motion Deadline and for Waiver of LR 56.1's Conscise Statement of Facts Requirement 54 is GRANTED in PART. Local Rule 56.1's concise statement of material facts requirement is WAIVED. Ordered by Judge Garr M. King. (mja) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

60

Order to Show Cause. Show Cause Hearing is set for 4/24/2008 at 03:00PM in Portland before Judge Garr M. King. Signed on 03/18/08 by Judge Garr M. King. (pvh) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

61

Notice of Change of Address of Counsel for Plaintiffs in Intervention.Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

62

Unopposed Motion for Extension of Time Unopposed Motion to Extend the Dispositive Motion Deadline. Filed by Video Only, Inc.. (Barton, Rachelle) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

64

ORDER - Defendant's Unopposed Motion to Extend the Dispositive Motion Deadline 62 is GRANTED up to and including 4/24/2008. Ordered by Judge Garr M. King. (mja) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

65

Motion to Consolidate. Oral Argument requested. Filed by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

66

Memorandum in Support of Plaintiff's Motion to Consolidate. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion to Consolidate 65 .) (Attachments: # 1 Declaration# 2 Exhibit A) (Healy, Teri) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

67

Joint Motion for Partial Summary Judgment Defendant's Second Affirmative Defenses. Oral Argument requested. Filed by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

68

Memorandum in Support. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion for Partial Summary Judgment 67 .) (Healy, Teri) NOTE: Counsel contacted the Court and indicated that the PDF document attached to this filing was incorrect. The PDF has been removed, and a corrected version of the Memorandum in Support has been filed as documents # 70 ). Please disregard this entry. (Oss, Eric). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

69

Declaration of Teri Healy. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion for Partial Summary Judgment 67 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D - PART 1# 5 Exhibit D - PART 2# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Errata M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Errata R# 20 Exhibit S) (Healy, Teri) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

70

CORRECTED Memorandum in Support. Filed by Equal Employment Opportunity Commission. (Related document(s): Motion for Partial Summary Judgment 67 .) (Healy, Teri) NOTE: This document corrects docket #68, which was filed with an incorrect PDF attachment. (Oss, Eric). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

71

Order for Administrative Correction of the Record regarding Memorandum in Support (# 68 ) filed by Equal Employment Opportunity Commission. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. NOTE: The Court was informed by Plaintiff's counsel that document #68, the Memorandum in Support, was filed with an incorrect PDF attachment. A corrected version was immediately filed as document # 70 . The Court has removed the erroneous PDF attachment to docket #68. Please refer to docket # 70 as the Corrected Memorandum in Support of Plaintiff's Joint Motion for Partial Summary Judgment (# 67 ), and disregard docket #68. (eo) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

72

Motion for Summary Judgment on Plaintiff-Intervenor's Fair Credit Reporting Act Claim. ORAL ARGUMENT requested. Filed by Michael Gonzales and Jayson Lewis. (Altschul, Andrew) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

73

Memorandum in Support of Plaintiff-Intervenor's Motion for Summary Judgment on Their Fair Credit Reporting Act Claim. Filed by Michael Gonzales and Jayson Lewis. (Related document(s): Motion for Summary Judgment 72 .) (Altschul, Andrew) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

74

Joint Motion for Summary Judgment on Plaintiffs' Claims of Retaliation. ORAL ARGUMENT requested. Filed by Michael Gonzales, Jayson Lewis, Equal Employment Opportunity Commission. (Altschul, Andrew) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

75

Memorandum in Support of Plaintiffs' Joint Motion for Summary Judgment on Their Claims of Retaliation. Filed by Michael Gonzales, Jayson Lewis, Equal Employment Opportunity Commission. (Related document(s): Motion for Summary Judgment 74 .) (Altschul, Andrew) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

76

Declaration of Andrew Altschul in Support of Plaintiffs' Motions for Summary Judgment. Filed by Michael Gonzales, Jayson Lewis. (Related document(s): Motion for Summary Judgment 72, Motion for Summary Judgment 74 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10) (Altschul, Andrew) Modified text of Exhibit on 4/25/2008 (Hunt, Patricia). Modified to restrict internet access to exhibits 7 & 8 due to the existence of personal identifiers on 9/26/2011 (eo). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

77

MINUTES of Show Cause Hearing: Order - Pranil Singh appeared for the hearing and agreed to make himself available for deposition on May 2, 2008 at 1:00PM, at Fisher & Phillips, LLP. Teri L. Healy present as counsel for plaintiff(s). Dana Sullivan for Andrew Altschul present as counsel for intervenor plaintiffs. Clarence M. Belnavis present as counsel for defendant(s). Court Reporter: Nancy Walker. Garr M. King presiding. (mja) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

78

Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Intervenor plaintiffs' Motion for Summary Judgment and Memorandum in Support 72 & 73 are corrected to reflect that they are filed by both intervenor plaintiffs. The Clerk is directed to edit the docket text to reflect both parties as the filers. (mja) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

79

Motion for Partial Summary Judgment. Oral Argument requested. Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

80

Memorandum in Support. Filed by Video Only, Inc.. (Related document(s): Motion for Partial Summary Judgment 79 .) (Belnavis, Clarence) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

81

Declaration of Rachelle Hong Barton. Filed by Video Only, Inc.. (Related document(s): Motion for Partial Summary Judgment 79 .) (Attachments: # 1 Exhibits 1 - 9) (Belnavis, Clarence) Modified text of attachment on 4/25/2008 (Hunt, Patricia). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

82

Response in Opposition to EEOC's to Motion to Consolidate 65 . Filed by Video Only, Inc.. (Driscoll, Sean) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

83

Scheduling Order by Garr M. King. Order - Setting Oral Argument on Plaintiff's Motion for Partial Summary Judgment 57, Intervenor Plaintiffs' Motion for Partial Summary Judgment 72, Plaintiff and Intervenor Plaintiffs' Motion for Summary Judgment 74 and Defendant Video Only, Inc's Motion for Partial Summary Judgment 79 for 6/11/2008 at 09:30AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

84

Notice of Association of Attorney Sharon Bolesky and David G. Hosenpud for Video Only, Inc..Filed by Video Only, Inc.. (Hosenpud, David) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

85

Defendant Video Only, Inc.'s Expert Witness Disclosure Statement. Filed by Video Only, Inc.. (Belnavis, Clarence) Modified text of ECF entry on 5/1/2008 (Hunt, Patricia). DOCUMENT FILED IN ERROR AND HAS BEEN REMOVED FROM PUBLIC VIEWING (SEE ORDER 87 ). Modified on 5/1/2008 (Austad, Mary). Modified on 5/1/2008 (Austad, Mary). (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

86

Scheduling Order by Garr M. King. Order - At the plaintiffs' request, the Court is resetting the Oral Argument Hearing from 6/11/2008 to 6/3/2008 at 11:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

87

Order regarding Witness statement 85 filed by Video Only, Inc. for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Defendant's Expert Witness Disclosure Statement 85 was filed in error. The Clerk is directed to remove the document from docket sheet. (mja) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

88

ORDER: Denying Plaintiff's Motion to Consolidate 65 . Signed on 5/2/2008 by Judge Garr M. King. (See formal order, 2-pages) (ecp) (Entered: 05/07/2008)

May 2, 2008

May 2, 2008

89

Motion for Leave to File Overlength Response Brief. Expedited Consideration Requested. Filed by Video Only, Inc.. (Driscoll, Sean) Modified text of ECF entry on 5/13/2008 (Hunt, Patricia). (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

90

Declaration of Sean M. Driscoll in Support of LR 7.2 Motion for Leave to File Overlength Brief. Filed by Video Only, Inc.. (Related document(s): Motion for Leave 89 .) (Driscoll, Sean) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

91

Response in Opposition to Motion for Partial Summary Judgment 79 Oral Argument requested. Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

92

Supplemental Declaration of Andrew Altschul. Filed by Michael Gonzales, Jayson Lewis. (Related document(s): Response in Opposition to Motion 91 .) (Altschul, Andrew) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

93

Declaration of Clarence M. Belnavis in Support of Defendant Video Only's Opposition to Plaintiffs' Motions for Summary Judgment. Filed by Video Only, Inc.. (Related document(s): Motion for Summary Judgment 72, Motion for Partial Summary Judgment 67, Motion for Summary Judgment 74 .) (Attachments: # 1 Exhibits A, B, C, D; # 2 Exhibit E; # 3 Exhibits F, G, H, I) (Belnavis, Clarence) Modified ECF text of attachment description on 5/13/2008 (Hunt, Patricia). (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

94

Response in Opposition to Joint Motion for Summary Judgment on Plaintiffs' Claims of Retaliation 74 . Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

95

Response in Opposition to Motion for Summary Judgment on Plaintiff-Intervenor's Fair Credit Reporting Act Claim 72 . Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

96

Response in Opposition to Joint Motion for Partial Summary Judgment Defendant's Second Affirmative Defenses 67 . Filed by Video Only, Inc.. (Belnavis, Clarence) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

97

Trial Management Order. Signed on 05/14/08 by Judge Garr M. King. (pvh) (Entered: 05/15/2008)

May 14, 2008

May 14, 2008

98

ORDER - Defendant's Motion for Leave to File Overlength Response Brief 89 is GRANTED up to and including 40 pages. Ordered by Judge Garr M. King. (mja) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

99

Unopposed Motion for Extension of Time to File a Response/Reply By One Day to Motion for Summary Judgment on Plaintiff-Intervenor's Fair Credit Reporting Act Claim 72, Motion for Partial Summary Judgment 79, Joint Motion for Partial Summary Judgment Defendant's Second Affirmative Defenses 67, Joint Motion for Summary Judgment on Plaintiffs' Claims of Retaliation 74 . Filed by Michael Gonzales, Jayson Lewis. (Altschul, Andrew) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

100

ORDER - Granting Defendants Michael Gonzales and Jayson Lewis' Unopposed Motion for Extension of Time to File a Response/Reply by One Day to their Motion for Summary Judgment on Plaintiff-Intervenor's Fair Credit Reporting Act Claim, Defendant Video Only's Motion for Partial Summary Judgment, Plaintiffs' Joint Motion for Partial Summary Judgment Defendant's Second Affirmative Defenses, and Plaintiffs' Joint Motion for Summary Judgment on Plaintiffs' Claims of Retaliation 99 . Ordered by Judge Garr M. King. (mja) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

101

Notice OF UNAVAILABILITY.Filed by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

Case Details

State / Territory:

Oregon

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers who were allegedly discriminated against in violation of Title VII.

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

Video Only, Inc (Janzen Beach), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State Anti-Discrimination Law

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

Other Dockets:

District of Oregon 3:06-cv-01362

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Amount Defendant Pays: $630,000

Order Duration: 2008 - 2011

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Race discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit