Case: EEOC v. BLOCKBUSTER VIDEO

3:03-cv-01889 | U.S. District Court for the District of Arizona

Filed Date: Sept. 26, 2003

Closed Date: Oct. 8, 2006

Clearinghouse coding complete

Case Summary

In September 2003, the Phoenix Office of the EEOC brought this lawsuit against Mohawk Entertainment LLC and Mohave Entertainment Inc., doing business as Blockbuster Videos Inc., in the U.S. District Court for the District of Arizona alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following some discovery and a few scheduling conferences, the parties settled the lawsuit in October 2004 through a consent decree.

We do not have a copy of the consent decree; therefore, the full remedies granted are unknown. However, it appears from the docket that the two-year decree, containing an anti-discrimination and anti-retaliation clause, required the defendant to pay $30,000 to be distributed among the complaining individuals.

Summary Authors

David Friedman (12/8/2007)

Documents in the Clearinghouse

Document

3:03-cv-01889

Docket

EEOC v. Mohawk Entertainment LLC, d/b/a Blockbuster Video

Oct. 8, 2004

Oct. 8, 2004

Docket

Resources

Docket

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MRB) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

2

RETURN OF SERVICE EXECUTED by serving the summons/complaint upon Statutory Agent, David L. Case, c/o Ryley, Carlock for dft Mohawk Entertainment on 10/2/03 (KMG) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

3

RETURN OF SERVICE EXECUTED by serving summons/complaint upon statutory Agent, David L. Case, c/o Ryley, Carlock for dft Mohave Entertainment on 10/2/03 (KMG) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

4

CORPORATE DISCLOSURE STATEMENT by dfts (LAD) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

5

ANSWER to Complaint [1-1] by dfts Mohawk Entertainment, and Mohave Entertainment (KMG) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

6

ORDER SETTING SCHEDULING CONFERENCE by Judge Mary H. Murguia prel scheduling conf set for 4:30 1/13/04 (cc: all counsel) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

11

CASE MGT PLAN/REPORT: discovery cutoff 11/19/04; dispositive motions filing ddl is 1/7/05 (filed with incorrect case number; redocketed in correct case on 2/25/04) (LAD) (Entered: 02/25/2004)

Jan. 5, 2004

Jan. 5, 2004

7

MINUTE ORDER prel scheduling conf set for 1/12/04 is vacated and reset to 4:30 p.m., 1/27/04 (cc: all counsel) [7] (former emp) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

8

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: David Lopez for pla; Darla Smith and CHarles Chester for dft. Prel scheduling conf held; court approves case mgmt plan; pla counsel to submit order. ORDERED setting status hearing re settlement status for 4:30 p.m., 9/20/04 [cc: all cnsl] [8] (former emp) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

10

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Mohawk Entertainment, dft Mohave Entertainment (KMG) (Entered: 02/04/2004)

Jan. 30, 2004

Jan. 30, 2004

9

RULE 16 SCHEDULING ORDER by Judge Mary H. Murguia ; Discovery due 11/19/04; Dispositive motions due 1/7/05. (cc: all counsel) re: order (scheduling) [9-1] (KMG) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

12

NOTICE of service of discovery by pla EEOC serving; First Request for Admission, First Set of Non-Uniform Interrogatories, and First Request for Production of Documents. (KMG) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

13

NOTICE OF ERRATA by pla EEOC having incorrectly filed a Notice of Service of Discovery for its Initial Rule 26(a)(1) Disclosure Statement in CV 03-1903-PHX-MHM (copy attached) (KMG) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

15

ORDER by Judge Mary H. Murguia granting stipulation to Extend Time until 5/3/04 for dfts' to Respond to pla's First Request for Admissions, First Request for Production of Documents and First Set of Non-Uniform Interrogatories (cc: all counsel) (KMG) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

16

NOTICE of service of discovery by dft Mohawk Entertainment serving; Response to first request for admissions (KMG) (Entered: 04/26/2004)

April 22, 2004

April 22, 2004

17

NOTICE of service of discovery by dfts Mohawk Entertainment, and Mohave Entertainment serving; Responses to pla's First Set of Non- Uniform Interrogatories and First Request for Production of Documents. (KMG) (Entered: 05/10/2004)

May 4, 2004

May 4, 2004

18

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

19

NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney Darla J. Smith and substituting attorney Andrea G Lisenbee (Note: only Carolann E. Cervetti and Michael Moberly currently show as counsel) (KMG) (Entered: 07/19/2004)

July 15, 2004

July 15, 2004

20

NOTICE by pla EEOC OF TAKING DEPO OF Harvey Dorsett on the following date(s): 8/10/04 (KMG) (Entered: 08/06/2004)

Aug. 2, 2004

Aug. 2, 2004

21

NOTICE by pla EEOC OF TAKING DEPO OF Monica Marquez on the following date(s): 8/10/04 (KMG) (Entered: 08/06/2004)

Aug. 2, 2004

Aug. 2, 2004

22

MOTION of Attorney Carolann E. Cervetti to Withdraw as counsel for dfts Mohawk Entertainment, and Mohave Entertainment [22-1]. (NOTE: Last known address: Arvin Bernstein, c/o Blockbuster Video, P.O. Box 10553, Phoenix, AZ 85064, telephone: (480) 502-5874.) (KMG) (Entered: 08/09/2004)

Aug. 5, 2004

Aug. 5, 2004

23

CERTIFICATION of Counsel by dfts Mohawk Entertainment, and Mohave Entertainment as to Motion to Withdraw as counsel (KMG) (Entered: 08/09/2004)

Aug. 5, 2004

Aug. 5, 2004

24

MINUTE ORDER Motion to withdraw counsel for defendant having been filed, IT IS ORDERED that all counsel shall be present including defendant's present counsel and defendant at the previously scheduled status hearing set for 9/20/04 at 4:30 p.m. (cc: all counsel) [24] re: order (minute) [24-1] (former emp) Modified on 09/02/2004 (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

25

MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: David Lee. Appearances: P. David Lopez for the plaintiff. Defendant is present with counsel, Carolann Cervetti. Status Hearing held. Counsel advise the court that a settlement has been reached. The Court DIRECTS counsel to file the notice by close of business on September 21, 2004. [cc: MHM] [25-2] (KSB) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

26

NOTICE by pla EEOC of Lodging of Consent Decree (LSP) (Entered: 09/23/2004)

Sept. 21, 2004

Sept. 21, 2004

27

CONSENT JUDGMENT by Judge Mary H. Murguia: This Decree resloves all claims of the Commission and all class members identified in Attachment A to this Decree against Blockbuster including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit. Blockbuster, and its officers, agents, employees...both at the time this Decree becomes effective and for the duration of this Decree, are permanently enjoined for the duration of the Decree from: a) sexually harassing any employee or applicant; b) retaliating against any employee or applicant because he or she: i) opposes or opposed discriminatory practices made unlawful by Title VII; ii) files or filed a charge of discrimination or is assisting or has assisted or participated or is participating in the filing of a charge of discrimination; or iii) assists, assisted, participates or participated in an investigation or proceeding brought under the federal or State laws prohibiting discrimination or retaliation. Dfts shall pay the gross sum of thirty thousand dollars ($30,000.00) to be distributed to the aggrieved persons listed in Attachment A. The parties shall each bear their own costs, and the Commission and Blockbuster shall each bear their own attorenys' fees incurred as a result of this action through the filing of this Decree. The duration of this Decree shall be two years from its entry. This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. The parties agree to entry of this Decree and judgment subject to final approval by the Court. to dismiss case (cc: all counsel) (KMG) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 26, 2003

Closing Date: Oct. 8, 2006

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

Mohave Entertainment Inc., Private Entity/Person

Mowhawk Entertainment LLC, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 30000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

EEOC-centric:

Direct Suit on Merits