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Case: EEOC v. OBERTO SAUSAGE CO.

2:05-cv-00025 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 5, 2005

Closed Date: July 1, 2010

Clearinghouse coding complete

Case Summary

The EEOC's Seattle district office sued Oberto Sausage Company on January 5, 2005 in the U.S. District Court for the Western District of Washington. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on religion (Islam) by failing to accommodate six employees' prayer practices and ultimately terminated them because of their religious practices. The parties entered into a consent decree on July 1, 2005, which stipulated that the defendant would pay t…

The EEOC's Seattle district office sued Oberto Sausage Company on January 5, 2005 in the U.S. District Court for the Western District of Washington. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on religion (Islam) by failing to accommodate six employees' prayer practices and ultimately terminated them because of their religious practices. The parties entered into a consent decree on July 1, 2005, which stipulated that the defendant would pay the complainants $362,000 in damages, costs, and fees; post a notice of compliance with Title VII; provide Title VII training to its managers and employees; draft and distribute a non-discrimination policy; provide for a Somali interpreter for its Somali employees; revise its complaint procedures; and report complaints of religious discrimination or requests for religious accommodation to the EEOC semiannually. The settlement term was 5 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Kevin Wilemon (7/3/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

2:05-cv-00025

Docket

EEOC v. Oberto Sausage Company

July 4, 2006

July 4, 2006

Docket
1-1

2:05-cv-00025

Complaint

EEOC v. Oberto Sausage Co.

Jan. 5, 2005

Jan. 5, 2005

Complaint
13

2:05-cv-00025

Intervenor's Complaint

EEOC v. Oberto Sausage Co.

Feb. 8, 2005

Feb. 8, 2005

Complaint
25

2:05-cv-00025

Consent Decree and Order of Dismissal

EEOC v. Oberto Sausage Co.

July 1, 2005

July 1, 2005

Settlement Agreement

2:05-cv-00025

Litigation Settlement Report

EEOC v. Oberto Sausage Co

No Court

Aug. 1, 2005

Aug. 1, 2005

Press Release

Resources

Docket

Last updated Nov. 28, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and JURY DEMAND against defendant Oberto Sausage Company (Summons(es) issued) (Receipt # waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) Additional attachment(s) added on 1/28/2005 (PM, ). (Entered: 01/11/2005)

Jan. 5, 2005

Jan. 5, 2005

3

NOTICE of Appearance by attorney Kimberly M Meyers on behalf of Defendant Oberto Sausage Company (Meyers, Kimberly) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

4

SERVICE OF SUMMONS and Complaint returned executed upon defendant Oberto Sausage Company on 1/12/2005 (MD ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

NOTICE of Docket Text Modification re 2 Notice of Appearance: No image attached or image not accessible. Advised counsel to re-file notice of appearance. (AF, ) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

5

MOTION to Intervene. Noting Date 2/4/2005. (Attachments: # 1 Complaint in Intervention# 2 Proposed Order Granting Intervention# 3 Certificate of Service)(Gross, Daniel) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

6

DECLARATION of Gwynne L. Skinner filed by Intervenor Plaintiffs Ismahan Bihi, Sahra Dahir, Koresho Mohammad, Fadumo Omar, Maryam Shiekhomar, Intervenor Faduma Jama re 5 MOTION to Intervene (Gross, Daniel) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

7

Amended MOTION to Intervene by Intervenor Plaintiffs Ismahan Bihi, Sahra Dahir, Koresho Mohammad, Fadumo Omar, Maryam Shiekhomar, Intervenor Faduma Jama. Noting Date 2/4/2005. (Attachments: # 1 Proposed Order Granting Motion to Intervene# 2 Complaint in Intervention# 3 Certificate of Service by Daniel S. Gross)(Gross, Daniel) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

8

DECLARATION of Gwynne L. Skinner filed by Intervenor Plaintiffs Ismahan Bihi, Sahra Dahir, Koresho Mohammad, Fadumo Omar, Maryam Shiekhomar, Intervenor Faduma Jama re 7 Amended MOTION to Intervene (Gross, Daniel) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

9

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 3/28/2005; by Judge James L. Robart. (GG, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

10

RESPONSE, by Defendant Oberto Sausage Company, to 7 Amended MOTION to Intervene. (Meyers, Kimberly) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

11

ORDER OF RECUSAL. Judge James L. Robart recused. Case reassigned to Judge John C Coughenour for all further proceedings (CC, ) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

12

ORDER granting Interested Parties 7 Motion to Intervene as Party Plaintiffs by Judge John C Coughenour. Counsel are Directed to E-File their Complaint.(LMS, ) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

13

Intervenor COMPLAINT, filed by Ismahan Bihi, Sahra Dahir, Faduma Jama, Koresho Mohammad, Fadumo Omar, Maryam Shiekhomar.(Gross, Daniel) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

14

CERTIFICATE OF SERVICE by Intervenor Plaintiffs Ismahan Bihi, Sahra Dahir, Koresho Mohammad, Fadumo Omar, Maryam Shiekhomar, Intervenor Faduma Jama. (Gross, Daniel) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

15

MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 5/24/2005 09:00 AM before John C Coughenour. (JM, ) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

16

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

17

ANSWER to Complaint of Plaintiff EEOC by Oberto Sausage Company. (Meyers, Kimberly) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

18

ANSWER to Intervenor Complaint by Ron Hacker and by Oberto Sausage Company.(Meyers, Kimberly) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

19

STIPULATION AND PROPOSED ORDER re Confidentiality Agreement and Protective Order re Confidential Documents and Information by parties. (Meyers, Kimberly) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

20

Stipulated Confidentiality Agreement and PROTECTIVE ORDER by Judge John C Coughenour. (LMS, ) (Entered: 04/07/2005)

April 7, 2005

April 7, 2005

21

E-FILING ERROR, STRICKEN MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Zielie; Counsel: Whitehall/Geisness/Dazell; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Bench Trial is set for 1/17/2006 09:30 AM before John C Coughenour. Pretrial Order due by 1/6/2006; Pleading amendment/3rd pty action due by 10/7/2005; Trial briefs to be submitted by 1/12/2006; (JM, ) Modified on 5/25/2005 (ECS, ). (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

MINUTE ENTRY for proceedings held before Judge John C Coughenour - minute entry #21 was entered in error and is stricken. . (JM, ) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

HEARING CONTINUED: Status Conference set for 5/24/2005 is continued to 6/14/2005 09:00 AM before John C Coughenour. (JM, ) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

22

STIPULATION AND PROPOSED ORDER FOR ENTRY OF JUDGMENT AGAINST DEFENDANT OBERTO SAUSAGE COMPANY, SATISFACTION OF JUDGMENT AND DISMISSAL WITH PREJUDICE by parties. (Olson, Kathryn) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

23

PRAECIPE to attach document ([Proposed] CONSENT DECREE AND ORDER OF DISMISSAL) re 22 Stipulation by Plaintiff Equal Employment Opportunity Commission. (Olson, Kathryn) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

24

STIPULATION AND ORDER for Entry of Judgment Against Defendant Oberto Sausage Company; Satisfaction of Judgment and Dismissal with Prejudice. Judgment is entered against Defendant in the sum of $350,000.00; judgment has been fully satisfied. All the claims of Plaintiff and Plaintiffs in Intervention against the Defendant are hereby Dismised with Prejudice by Judge John C Coughenour. (LMS, ) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

25

CONSENT DECREE by Judge John C Coughenour. (LMS, ) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 5, 2005

Closing Date: July 1, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oberto Sausage Company (Seattle, WA), Private Entity/Person

Oberto Sausage Company (Kent, Washington), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 362000

Order Duration: 2005 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit