Case: EEOC v. Prima Frutta Packing, Inc., J. Jesus Gonzalez Labor Contract

3:03-cv-04237 | U.S. District Court for the Northern District of California

Filed Date: Sept. 17, 2003

Closed Date: 2009

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Case Summary

In September 2003, the San Francisco District Office of the EEOC filed this lawsuit against Prima Frutta Packing Inc., J. Jesus Gonzalez Labor Contractor, and Ag West Labor Contractor, alleging discrimination on the basis of gender, female, and national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged a manager of a fruit packing house verbally abused Mexican and Salvadoran seasonal fruit pickers and retaliated against at least one complaining party for opposing these actions. Prior to any defendant appearing in court, defendant Ag West Labor Contractor was dismissed in January 2004, and defendants J. Jesus Gonzalez Labor Contractor and Prima Frutta Packing, Inc. settled the lawsuit with the EEOC by signing consent decrees in March and April of 2004 respectively.

The two and five year decrees, containing agreements not to discriminate or retaliate, required the defendants to: report on complaints, keep records, develop anti-discrimination policies, and translate and distribute notice of employee rights. Prima Frutta Packing, Inc. was also required to pay $235,000 to be distributed among 13 complaining parties. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

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Summary Authors

David Friedman (1/31/2008)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

	Document
3:03-cv-04237	Docket [PACER] EEOC v. Prima Frutta Packing Inc. et al	April 20, 2004	April 20, 2004 Docket
1 3:03-cv-04237	Complaint EEOC v. Prima Frutta Packing, Inc., J. Jesus Gonzalez Labor Contractor, and AG West Labor Contractor	Sept. 17, 2003	Sept. 17, 2003 Complaint
21 3:03-cv-04237	Consent Decree and Order [EEOC and J.Jesus Gonzalez Labor and Contractor] EEOC v. Prima Frutta Packing, Inc., J. Jesus Gonzalez Labor Contractor, and AG West Labor Contractor	March 11, 2004	March 11, 2004 Settlement Agreement
25 3:03-cv-04237	Consent Decree and Order [EEOC and Prima Frutta Packing, Inc.] EEOC v. Prima Frutta Packing, Inc., J. Jesus Gonzalez Labor Contractor, and AG West Labor Contractor	April 19, 2004	April 19, 2004 Settlement Agreement
3:03-cv-04237	EEOC Litigation Settlement Report - April 2004 EEOC v. Prima Frutta Packing, Inc., & J. Jesus Gonzales Labor Contractor No Court	April 19, 2004	April 19, 2004 Press Release

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Resources

Title	Description		External URL Date / External URL
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	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 14, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ; Demand for Jury Trial; against AG West Labor Contractor, J. Jesus Gonzalez Labor Contractor, Prima Frutta Packing Inc. (). Filed by Equal Employment Opportunity Commission. (fb, Court Staff) Additional attachment(s) added on 9/23/2003 (fb, Court Staff). (Entered: 09/17/2003)	Sept. 17, 2003	Sept. 17, 2003
2	ADR SCHEDULING ORDER: Case Management Statement due by 1/15/2004. Case Management Conference set for 1/22/2004 at 02:30 PM. (Attachments: # 1 Standing Order)(fb, Court Staff) (Entered: 09/17/2003)	Sept. 17, 2003	Sept. 17, 2003
	Summons Issued as to AG West Labor Contractor ; J. Jesus Gonzalez Labor Contractor ; Prima Frutta Packing Inc. (fb, Court Staff) (Entered: 09/17/2003)	Sept. 17, 2003	Sept. 17, 2003
	CASE DESIGNATED for Electronic Filing. (fb, Court Staff) (Entered: 09/17/2003)	Sept. 17, 2003	Sept. 17, 2003
3	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Prima Frutta Packing Inc. waiver sent on 11/18/2003, answer due 01/20/2004. (O'Hara, Cindy) (Filed on 11/20/2003) (Entered: 11/20/2003)	Nov. 20, 2003	Nov. 20, 2003
4	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission, J. Jesus Gonzalez Labor Contractor. J. Jesus Gonzalez Labor Contractor waiver sent on 12/10/2003, answer due 2/9/2004. (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004
5	NOTICE of need of ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004
6	STIPULATION and Proposed Order selecting Private ADR by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004
8	NOTICE of need of ADR Phone Conference (ADR L.R. 3-5 d) w/ Defendant J. Jesus Gonzalez (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004
9	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission, AG West Labor Contractor. AG West Labor Contractor waiver sent on 12/2/2003, answer due 2/2/2004. (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004
10	STIPULATION & ORDER:...Case Management Conference continued to 2/26/04 at 2:30 P.M. Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004
11	STIPULATION & ORDER (Selecting ADR Process - Private ADR) Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004
12	STIPULATION & ORDER:...Case Management Conference continued to 2/26/04 at 2:30 P.M. Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004
13	STIPULATION to continue date for answer of Defendant Prima Frutta by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 1/20/2004) (Entered: 01/20/2004)	Jan. 20, 2004	Jan. 20, 2004
14	STIPULATION & ORDER (Extension to Answer): time for deft Prima Frutta's response to the complaint extended to 2/20/04. Signed by Judge Phyllis J. Hamilton on 1/22/04. (lm, COURT STAFF) (Filed on 1/22/2004) (Entered: 01/22/2004)	Jan. 22, 2004	Jan. 22, 2004
15	NOTICE by Equal Employment Opportunity Commission of Voluntary Dismissal of Defendant Ag West Labor Contractor (O'Hara, Cindy) (Filed on 1/27/2004) (Entered: 01/27/2004)	Jan. 27, 2004	Jan. 27, 2004
16	STIPULATION to continue date for answer of Defendant J. Jesus Gonzalez Labor Contractor by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/4/2004) (Entered: 02/04/2004)	Feb. 4, 2004	Feb. 4, 2004
17	STIPULATION & ORDER (Answer Extension):...the time for Deft Gonzalez to answer is extended from 2/9/04 to 3/9/04. Signed by Judge Phyllis J. Hamilton on 2/6/04. (lm, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/06/2004)	Feb. 6, 2004	Feb. 6, 2004
18	STIPULATION Second Stipulation and Request to Continue Case Management Dates; Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/20/2004) (Entered: 02/20/2004)	Feb. 20, 2004	Feb. 20, 2004
19	2nd Stipulation & ORDER: Case Management Conference scheduled for 2/26/04 is continued to 3/25/04 at 2:30 P.M. A Joint Case Management Conference Statement is to be filed by 3/19/04. Signed by Judge Phyllis J. Hamilton on 2/20/04. (lm, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004)	Feb. 20, 2004	Feb. 20, 2004
	Set/Reset Hearings: Case Management Conference set for 3/25/2004 02:30 PM. (lm, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004)	Feb. 20, 2004	Feb. 20, 2004
21	CONSENT DECREE & ORDER (J. Jesus Gonzalez Labor Contractor): Signed by Judge Phyllis J. Hamilton on 3/11/04. (lm, COURT STAFF) (Filed on 3/11/2004) (Entered: 03/11/2004)	March 11, 2004	March 11, 2004
22	STIPULATION and Request to Continue Case Management Dates; Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/18/2004) (Entered: 03/18/2004)	March 18, 2004	March 18, 2004
23	3rd STIPULATION & ORDER:...only Deft Prima Frutta remains in the case, to allowDeft Prima Frutta & the Plaintiff to finalize their Consent Decree, the Case Management Conference of 3/25/04 has been continued to 4/22/05 at 2:30 P.M. Also continued is the date deft's Answer is due from 3/20/04 to 4/20/04. Signed by Judge Phyllis J. Hamilton on 3/22/04.(lm, COURT STAFF) (Filed on 3/22/2004) (Entered: 03/22/2004)	March 22, 2004	March 22, 2004
24	SETTLEMENT AGREEMENT CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND PRIMA FRUTTA PACKING, INC. by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/16/2004) (Entered: 04/16/2004)	April 16, 2004	April 16, 2004
25	CONSENT DECREE & ORDER (Deft Prima Frutta Packing, Inc.): Signed by Judge Phyllis J. Hamilton on 4/19/04. (lm, COURT STAFF) (Filed on 4/19/2004) (Entered: 04/19/2004)	April 19, 2004	April 19, 2004
26	Pltf Notice of Voluntary Dismissal & ORDER (Deft Ag West Labor Contractor) Signed by Judge Phyllis J. Hamilton on 4/20/04. (lm, COURT STAFF) (Filed on 4/20/2004) (Entered: 04/20/2004)	April 20, 2004	April 20, 2004