Case: EEOC V. WESTPHALEN INSURANCE SERVICES, INC.

5:04-cv-01078 | U.S. District Court for the Western District of Oklahoma

Filed Date: Aug. 31, 2004

Closed Date: Jan. 31, 2009

Clearinghouse coding complete

Case Summary

The EEOC's Oklahoma City office filed suit on August 31, 2004 against Westphalen Insurance, Inc. on behalf of numerous Westphalen employees, who later intervened on October 12, 2004. The complaint cited that Westphalen violated Title VII by subjecting the employees to discrimination based on their sex (female) and created a hostile work environment, leading to constructive discharge and actual discharge for some employees based on retaliation. The defendant filed an unsuccessful motion for summ…

The EEOC's Oklahoma City office filed suit on August 31, 2004 against Westphalen Insurance, Inc. on behalf of numerous Westphalen employees, who later intervened on October 12, 2004. The complaint cited that Westphalen violated Title VII by subjecting the employees to discrimination based on their sex (female) and created a hostile work environment, leading to constructive discharge and actual discharge for some employees based on retaliation. The defendant filed an unsuccessful motion for summary judgment and had its motion to dismiss partially granted.

The case was settled on January 31, 2006 after the parties attended Alternative Dispute Resolution and the court entered a consent decree shortly thereafter in February. In the three-year consent decree, Westphalen agreed to the standard form of EEOC settlement agreements (training, anti-discrimination orders, notification to the EEOC of any further discrimination complaints, etc.). Furthermore, Westphalen agreed to pay all of the costs incurred by the charging parties as well as attorneys' fees, and damages of $65,000 to be divided among the charging parties. As there is no further significant activity on the docket sheet, presumably this case closed in 2009.

Summary Authors

Aaron Weismann (5/30/2007)

Rachel Barr (4/8/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4637627/parties/equal-employment-opportunity-commission-v-westphalen-insurance-services/


Judge(s)

Miles-LaGrange, Vicki (Oklahoma)

Roberts, Bana (Oklahoma)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Robertson, Michelle M. (Oklahoma)

Attorneys(s) for Defendant

Kane, Susan F. (Oklahoma)

Smith, Curtis L. (Oklahoma)

Whitworth, Kelly L. (Oklahoma)

Other Attorney(s)

Active

Judge(s)

Miles-LaGrange, Vicki (Oklahoma)

Roberts, Bana (Oklahoma)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Robertson, Michelle M. (Oklahoma)

Attorneys(s) for Defendant

Kane, Susan F. (Oklahoma)

Smith, Curtis L. (Oklahoma)

Whitworth, Kelly L. (Oklahoma)

Other Attorney(s)

White, Edward L. (Oklahoma)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Westphalen Insurance Services, Inc.

May 10, 2007 Docket
1

Complaint

EEOC v. Westphalen Insurance Services, Inc.

Aug. 31, 2004 Complaint
15

Plaintiff Intervenors' Complaint

EEOC v. Westphalen Insurance Services, Inc.

Oct. 12, 2004 Complaint
27

Order

EEOC v. Westphalen Insurance Services, Inc.

2005 WL 1384616

June 8, 2005 Order/Opinion
42

Order

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

Sept. 29, 2005 Order/Opinion
52

Order

EEOC v. Westphalen Insurance Services, Inc.

Oct. 24, 2005 Order/Opinion
66

Protective Order

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

Jan. 18, 2006 Order/Opinion
65

Order

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

Jan. 18, 2006 Order/Opinion
69

ADR [Mediation] Report

EEOC v. Westphalen Insurance Services, Inc.

Jan. 31, 2006 Monitor/Expert/Receiver Report
70

Administrative Closing Order

EEOC v. Westphalen Insurance Services, Inc.

Jan. 31, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4637627/equal-employment-opportunity-commission-v-westphalen-insurance-services/

Last updated May 20, 2022, 12:46 a.m.

ECF Number Description Date Link
27

ORDER granting in part and denying in part 21 defendants' Motion to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can be Granted. Defendants' Motion as to Gary Westphalen, individually, is Granted as to Causes of Action numbered 1-7 and 10 of the Plaintiff Intervenor's Complaint. Defendants' Motion is Denied as to Plaintiff Intervenors' claims against Westphalen Insurance Services, Inc. contained in Causes of Action numbered 8 and 9 of Plaintiff Intervenor's Complaint. Signed by Judge Vicki Miles-LaGrange on 6/8/2005. (ks)

June 8, 2005 RECAP
1

COMPLAINT against Westphalen Insurance Services Inc (Filing fee $ 150.) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cjs, ) (Entered: 09/01/2004)

Aug. 31, 2004
65

PROTECTIVE ORDER granting defendants' Motion to Enter Protective Order, as more fully set out in the order. Signed by Judge Vicki Miles-LaGrange on 1/18/2006. (ks)

Jan. 18, 2006 RECAP
2

PRAECIPE for and issued 1 Summons by Equal Employment Opportunity Commission. (cjs, ) (Entered: 09/01/2004)

Aug. 31, 2004
3

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (cjs, ) (Entered: 09/01/2004)

Aug. 31, 2004
4

Summons Returned Unexecuted by Equal Employment Opportunity Commission as to Westphalen Insurance Services Inc. (Robertson, Michelle) (Entered: 09/10/2004)

Sept. 10, 2004
5

PRAECIPE for and issued 1 summons by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/10/2004)

Sept. 10, 2004
6

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Westphalen Insurance Services Inc served on 9/14/2004, answer due 10/4/2004. (Robertson, Michelle) (Entered: 09/23/2004)

Sept. 23, 2004
8

ENTRY of Appearance by Curtis L Smith on behalf of Westphalen Insurance Services Inc (Smith, Curtis) (Entered: 10/04/2004)

Oct. 4, 2004
9

ENTRY of Appearance by Kelly L Whitworth on behalf of Westphalen Insurance Services Inc (Whitworth, Kelly) (Entered: 10/04/2004)

Oct. 4, 2004
10

MOTION to Intervene by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Attachment 1 − Intervenor Complaint# 2 Attachment 2 − Determination Letter, Fitzgerald# 3 Attachment 3 − Determination Letter, Solis# 4 Attachment Determination Letter, Williams)(Glapion, Raphael) (Entered: 10/07/2004)

Oct. 7, 2004
11

ENTRY of Appearance by Raphael T Glapion on behalf of Terry Fitzgerald, Susan Solis, Alisha Williams (Glapion, Raphael) (Entered: 10/08/2004)

Oct. 8, 2004
12

ENTRY of Appearance by Edward L White on behalf of Terry Fitzgerald, Susan Solis (White, Edward) (Entered: 10/08/2004)

Oct. 8, 2004
13

ENTRY of Appearance by Edward L White on behalf of Alisha Williams (White, Edward) (Entered: 10/08/2004)

Oct. 8, 2004
14

ORDER granting 10 Terry Fitzgerald, Susan Solis and Alicia Williams' Motion to Intervene. Terry Fitzgerald, Susan Solis and Alicia Williams' shall file their Intervenors' Complaint within 10 days of the date of this Order . Signed by Judge Vicki Miles−LaGrange on 10/12/2004. (ks) (Entered: 10/12/2004)

Oct. 12, 2004
15

INTERVENOR COMPLAINT, filed by Terry Fitzgerald, Susan Solis, Alisha Williams. (Attachments: # 1 Attachment 1 − Determination letter (Fitzgerald)# 2 Attachment 2 − Determination letter (Solis)# 3 Attachment Determination letter (Williams))(Glapion, Raphael) (Entered: 10/12/2004)

Oct. 12, 2004

Docket Annotation: Party Gary Westphalen added to the case upon the filing of the Intervenor Complaint on 10/12/2004. (ar, ) (Entered: 10/13/2004)

Oct. 12, 2004
16

PRAECIPE for and issued 2 summonses by Terry Fitzgerald, Susan Solis, Alisha Williams. (Glapion, Raphael) (Entered: 10/13/2004)

Oct. 13, 2004
17

SUMMONS Returned Executed by Terry Fitzgerald, Susan Solis, Alisha Williams. Gary Westphalen served on 10/18/2004, answer due 11/8/2004. (Glapion, Raphael) (Entered: 10/22/2004)

Oct. 22, 2004
18

SUMMONS Returned Executed by Terry Fitzgerald, Susan Solis, Alisha Williams. Westphalen Insurance Services Inc served on 10/18/2004, answer due 11/8/2004. (Glapion, Raphael) (Entered: 10/22/2004)

Oct. 22, 2004
19

AMENDED ANSWER to Complaint by Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 10/25/2004)

Oct. 25, 2004
20

ANSWER to Intervenor Complaint by Gary Westphalen, Westphalen Insurance Services Inc.(Smith, Curtis) (Entered: 11/02/2004)

Nov. 2, 2004
21

MOTION to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support by Gary Westphalen, Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 11/02/2004)

Nov. 2, 2004
22

RESPONSE to Motion re 21 MOTION to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support filed by Terry Fitzgerald, Susan Solis, Alisha Williams. (Attachments: # 1 Exhibit 1 − letter from Edward White to Curtis Smith# 2 Exhibit 2 − An v. Regents (vic liab case))(Glapion, Raphael) (Entered: 11/22/2004)

Nov. 22, 2004
23

MOTION for Leave to File Reply to Plaintiff Intervenors' Response to Motion to Dismiss by Gary Westphalen, Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 11/23/2004)

Nov. 23, 2004
24

ORDER granting 23 defendants' Application for Leave to File Reply to Plaintiff Intervenors' Response to Motion to Dismiss. Defendants shall file their reply on or before December 3, 2004. Signed by Judge Vicki Miles−LaGrange on 11/24/2004. (ks) (Entered: 11/24/2004)

Nov. 24, 2004
26

ENTRY of Appearance by Susan F Kane on behalf of Westphalen Insurance Services Inc, Gary Westphalen (Kane, Susan) (Entered: 12/17/2004)

Dec. 17, 2004
28

CERTIFICATE. (Smith, Curtis) (Entered: 07/12/2005)

July 12, 2005
29

MOTION for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − Pltf Intervenors Response to Dfdts' RFP No. 8# 2 Exhibit 2 − Deposition of Susan Solis Glapion)(Smith, Curtis) (Entered: 08/01/2005)

Aug. 1, 2005
30

CERTIFICATE of Counsel by Curtis L Smith on behalf of Westphalen Insurance Services Inc, Gary Westphalen (Smith, Curtis) (Entered: 08/04/2005)

Aug. 4, 2005
31

ENTRY of Appearance by Suzanne M Anderson on behalf of Equal Employment Opportunity Commission (Anderson, Suzanne) (Entered: 08/16/2005)

Aug. 16, 2005
32

RESPONSE in Opposition re 29 MOTION for Protective Order and Brief in Support Thereof filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 08/16/2005)

Aug. 16, 2005
33

RESPONSE to Motion re 29 MOTION for Protective Order and Brief in Support Thereof filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Glapion, Raphael) (Entered: 08/18/2005)

Aug. 18, 2005
34

MOTION for Leave to File Reply to Plaintiff Intervenors Motion in Opposition to Defendants' Motion for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 08/19/2005)

Aug. 19, 2005
35

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response In Opposition to Defendants' Motion for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 08/19/2005)

Aug. 19, 2005
36

ORDER granting 35 Motion for Leave to File Reply; defendants shall file their reply on or before August 26, 2005 (as more fully set out). Signed by Judge Vicki Miles−LaGrange on 8/22/05. (fp, ) (Entered: 08/22/2005)

Aug. 22, 2005
37

ORDER granting 34 Motion for Leave to File Reply; defendants shall file their reply on or before August 26, 2005. . Signed by Judge Vicki Miles−LaGrange on 8/22/05. (fp, ) (Entered: 08/22/2005)

Aug. 22, 2005
38

DOCKET: Scheduling Conference set for 10/4/2005 09:40 AM in Chambers before Honorable Vicki Miles−LaGrange. (fp, ) (Entered: 08/24/2005)

Aug. 24, 2005
39

REPLY to Response to Motion re 29 MOTION for Protective Order and Brief in Support Thereof filed by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 08/26/2005)

Aug. 26, 2005
40

MOTION in Limine and Brief in Support by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − Jeff Westphalen Deposition)(Kane, Susan) (Entered: 09/26/2005)

Sept. 26, 2005
41

STATUS REPORT and Discovery Plan by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/26/2005)

Sept. 26, 2005
43

MOTION for Summary Judgment and Brief in Support by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit A − Plaintiff Intervenors' Complaint# 2 Exhibit B − Answer to Plaintiff Intervenors' Complaint# 3 Exhibit C − Charge of Discrimination − Susan Solis# 4 Exhibit D − Statement of Susan Solis# 5 Exhibit E − Charge of Discrimination − Terry Fitzgerald# 6 Exhibit F − Statement of Terry Fitzgerald# 7 Exhibit G − Charge of Discrimination − Alisha Williams# 8 Exhibit H − Statement of Alisha Williams)(Kane, Susan) (Entered: 09/30/2005)

Sept. 30, 2005
44

SCHEDULING ORDER: Motions to join due 30 days from the date of this order; Motions to amend due 30 days from the date of this order; Pla witness list due 4/1/2006; Pla exhibit list due 4/1/2006; Dft witness list due 4/11/2006; Dft exhibit list due 4/11/2006; Motions in limine due 5/25/2006; Jury instructions due 5/25/2006; Voir dire requests due 5/25/2006; Trial briefs due 5/25/2006; Proposed Findings of Fact and Conclusions due 5/25/2006; ADR Completion Date due by 1/31/2006. Discovery due by 5/1/2006. Jury Trial set for June 2006 trial docket before Honorable Vicki Miles−LaGrange. Daubert Motions due by 5/1/2006; Dispositive Motions due by 4/1/2006. Pretrial Report due by 5/25/2006. Signed by Judge Vicki Miles−LaGrange on 10/4/2005. Status Scheduling conference was held by Magistrate Judge Bana Roberts on 10/4/2005.(bc, ) (Entered: 10/04/2005)

Oct. 4, 2005
45

RESPONSE to Motion re 40 MOTION in Limine and Brief in Support filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Exhibit 1 − Deposition of Jeff Westphalen# 2 Exhibit 2 − Deposition of Tery Fitzgerald)(Glapion, Raphael) (Entered: 10/13/2005)

Oct. 13, 2005
46

RESPONSE in Opposition re 40 MOTION in Limine and Brief in Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit #1, Deposition of G. Westphalen# 2 Exhibit #2, Deposition of J. Westphalen# 3 Exhibit #3, Deposition of T. Fitzgerald# 4 Exhibit #4, Statement of T. Fitzgerald)(Robertson, Michelle) (Entered: 10/14/2005)

Oct. 14, 2005
47

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response to Motion in Limine by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/18/2005)

Oct. 18, 2005
48

MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/18/2005)

Oct. 18, 2005
49

RESPONSE to Motion re 43 MOTION for Summary Judgment and Brief in Support filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Exhibit 1 − Statements of Discrimination# 2 Exhibit 2 − Charges of Discrimination# 3 Exhibit 3 − Notices of Charges of Discrimination# 4 Exhibit 4 − Determination Letters# 5 Exhibit 5 − Deposition of Gary Westphalen)(Glapion, Raphael) (Entered: 10/18/2005)

Oct. 18, 2005
50

ORDER granting 47 defendants' Application for Leave to File Reply Brief to Plaintiff EEOC's Response to Motion in Limine, and granting 48 defendants' Application for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine. Defendants shall file their reply briefs within 7 days of the date of this order. Signed by Judge Vicki Miles−LaGrange on 10/19/2005. (ks) (Entered: 10/19/2005)

Oct. 19, 2005
51

MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/21/2005)

Oct. 21, 2005
52

ORDER granting 51 defendants' Application for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment. Defendants shall file their reply brief on or before 10/28/2005. Signed by Judge Vicki Miles−LaGrange on 10/24/2005. (ks) (Entered: 10/24/2005)

Oct. 24, 2005
53

REPLY to Response to Motion re 40 MOTION in Limine and Brief in Support , 48 MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − Deposition of Terry Fitzgerald# 2 Exhibit 2 − Statement of Terry Fitzgerald)(Kane, Susan) (Entered: 10/25/2005)

Oct. 25, 2005
55

REPLY to Response to Motion re 51 MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment , 43 MOTION for Summary Judgment and Brief in Support filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − Deposition of Susan Solis Glapion# 2 Exhibit 2 − Deposition of Alicia Williams# 3 Exhibit 3 − Deposition of Terry Fitzgerald)(Kane, Susan) (Entered: 10/28/2005)

Oct. 28, 2005
56

MOTION for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit A − Proposed Stipulation and Protective Order# 2 Exhibit B − Letters of Correspondence)(Whitworth, Kelly) (Entered: 10/28/2005)

Oct. 28, 2005

Docket Annotation: Please disregard [doc.no.56] filed incorrectly. Attorney to refile. (fp, ) (Entered: 10/31/2005)

Oct. 31, 2005
57

MOTION for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − proposed Protective Order# 2 Exhibit 2− letters of correspondence)(Whitworth, Kelly) (Entered: 10/31/2005)

Oct. 31, 2005
58

RESPONSE in Opposition re 57 MOTION for Protective Order and brief in support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−EEOC's Proposed PO# 2 Exhibit 2−Gov't Regulations)(Robertson, Michelle) (Entered: 11/08/2005)

Nov. 8, 2005
59

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response in Opposition to Defendant's Second Motion for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 11/10/2005)

Nov. 10, 2005
60

ORDER granting 59 defendants' Application for Leave to File Reply Brief to Plaintiff EEOC's Response in Opposition to Defendant's Second Motion for Protective Order. Defendants shall file their reply within 7 days of the date of this order. Signed by Judge Vicki Miles−LaGrange on 11/29/2005. (ks) (Entered: 11/29/2005)

Nov. 29, 2005
61

REPLY to Response to Motion re 57 MOTION for Protective Order filed by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 12/02/2005)

Dec. 2, 2005
62

MOTION to Compel Discovery and Brief in Support by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−EEOC Discovery# 2 Exhibit 2−Def's Responses to Discovery# 3 Exhibit 3−Letter from Defendant# 4 Exhibit 4− G. Westphalen Deposition# 5 Exhibit 5−Charges of Discimination# 6 Exhibit 6−−J.Westphalen Deposition)(Robertson, Michelle) (Entered: 12/06/2005)

Dec. 6, 2005
63

RESPONSE in Opposition re 62 MOTION to Compel Discovery and Brief in Support filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 − EEOCs Supplemental Set of Requests for Production to Defendant# 2 Exhibit 2 − Defendants Response to EEOCs Supplemental Requests for Production# 3 Exhibit 3 − Deposition of Susan Solis Glapion)(Kane, Susan) (Entered: 12/21/2005)

Dec. 21, 2005
64

RESPONSE in Opposition re 62 MOTION to Compel Discovery and Brief in Support (Supplemental) filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 3 − Westphalen's Supplemental Answers to EEOC's 1st Interrogatories and Requests for Production)(Kane, Susan) (Entered: 12/22/2005)

Dec. 22, 2005
66

PROTECTIVE ORDER, more fully set out in the order. Signed by Judge Vicki Miles−LaGrange on 1/18/2006. (Attachments: # 1 Exhibit A)(ks) (Entered: 01/18/2006)

Jan. 18, 2006

Docket Annotation: Disregard [Doc.#67] Change of Address. Attorney filing document is not the signature on the document. Attorney to refile. (pw, ) (Entered: 01/27/2006)

Jan. 26, 2006
68

NOTICE of Change of Address by Raphael T Glapion (Glapion, Raphael) (Entered: 01/27/2006)

Jan. 27, 2006
69

ADR REPORT BY MEDIATOR / EVALUATOR (Barghols, Steven) (Entered: 01/31/2006)

Jan. 31, 2006
70

ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Judge Vicki Miles−LaGrange on 1/31/2006. (ks) (Entered: 01/31/2006)

Jan. 31, 2006
71

UNOPPOSED MOTION to Vacate Administrative Closing Order and Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1−Consent Decree & Notice)(Robertson, Michelle) (Entered: 02/13/2006)

Feb. 13, 2006
72

STIPULATION of Dismissal With Prejudice by Alisha Williams, Susan Solis, Terry Fitzgerald, Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 02/13/2006)

Feb. 13, 2006
73

ORDER granting 71 EEOC's Motion to Vacate the Administrative Closing Order and for Entry of Consent Decree. . Signed by Judge Vicki Miles−LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

Feb. 15, 2006
74

ORDER: On the representation of cnsl for Plf Intervenors and Defendants, purs to Rule 41(a)(1) FRCP hereby stipulate to the dismissal w/prejudice of any and all clms Plf Intervenors may hv agnst Dfts, w/each party to bear their own attys' fees and costs, it is ordered that all clms in this action be dismissed w/prejudice to any further action.. Signed by Judge Vicki Miles−LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

Feb. 15, 2006
75

ORDER: The parties to this Consent Decree agree to bear their own costs and atty's fees associated with the above−referenced Complaint. The term of this Decree shall be for (3) years from the effective date. The Ct shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree. (more fully set out) . Signed by Judge Vicki Miles−LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

Feb. 15, 2006

Docket Annotation: Disregard [doc.no.75] attachment left off in error. will reenter. (fp, ) (Entered: 02/15/2006)

Feb. 15, 2006
76

ORDER: The parties to this Consent decree agree to bear their own costs and atty's fees associated with the above−referenced Complaint. The term of this Decree shall be for (3) years from the effective date. The Ct shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree. (more fully set out). Signed by Judge Vicki Miles−LaGrange on 2/15/06. (Attachments: # 1)(fp, ) (Entered: 02/15/2006)

Feb. 15, 2006
77

MOTION to Withdraw as Attorney by Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 05/09/2007)

May 9, 2007
78

ORDER granting 77 Motion to Withdraw as Attorney. Attorney Kelly L Whitworth terminated. Signed by Judge Vicki Miles−LaGrange on 5/10/2007. (ks) (Entered: 05/10/2007)

May 10, 2007

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 31, 2004

Closing Date: Jan. 31, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Gary Westphalen (Oklahoma City), Private Entity/Person

Westphalen Insurance Services, Inc. (Oklahoma City), 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: $65,000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Develop anti-discrimination policy

Retaliation Prohibition

Auditing

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit