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

Clearinghouse coding complete

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 on…

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.

Summary Authors

David Friedman (1/31/2008)

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

Resources

Docket

Last updated Aug. 7, 2022, 3:20 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

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 17, 2003

Closing Date: 2009

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

Ag West Labor Contractor (San Joaquin, California), Private Entity/Person

J. Jesus Gonzalez Labor Contractor (San Joaquin, California), Private Entity/Person

Prima Frutta Packing Inc. (San Joaquin, California), 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: 235000

Order Duration: 2004 - 2009

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian