Case: EEOC v. HORIZON/CMS HEALTHCARE CORPORATION

1:97-cv-00362 | U.S. District Court for the District of New Mexico

Filed Date: March 19, 1997

Closed Date: Sept. 12, 2001

Clearinghouse coding complete

Case Summary

In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978. In essence, the EEOC claimed that the defendant violated the law when it refused to provide modified job duties for several pregnant CNAs who were placed o…

In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978. In essence, the EEOC claimed that the defendant violated the law when it refused to provide modified job duties for several pregnant CNAs who were placed on lifting restrictions by their physicians and instead terminated their jobs or laid them off. There were a couple major discovery battles in the spring of 1998 that went to the EEOC. Each side moved for summary judgment and, in June 1998, a motion hearing resulted in the EEOC's loss of its disparate impact claim. There was a six day jury trial in September 1998 but, upon its conclusion, the court granted the defendant's motion to dismiss pursuant to FRCP Rule 52(c). The EEOC appealed to the U.S. Court of Appeals for the Tenth Circuit but, upon appealing, dropped their appeal of the dismissal and instead pursued an appeal of the District Court's grant of summary judgment for the defendant on the disparate impact claim. The Tenth Circuit reversed and remanded in October 2000. The parties had received a new trial date in the District Court but, in August 2001, submitted a stipulation of dismissal with prejudice that ended the case. The stipulation's terms specify that the court would retain jurisdiction over the case for three years to "ensure that both parties abide by their respective obligations." But the filed document does not specify what those obligations were.

Summary Authors

Margo Schlanger (8/7/2007)

Documents in the Clearinghouse

Document

1:97-cv-00362

Docket (PACER)

EEOC v. Horizon/CMS Healthcare

Sept. 12, 2001

Sept. 12, 2001

Docket
72

1:97-cv-00362

Order [Granting Motion to Compel]

EEOC v. Horizon/CMS Healthcare Corp.

April 22, 1998

April 22, 1998

Order/Opinion
118

1:97-cv-00362

Memorandum Opinion and Order

EEOC v. Horizon/CMA Healthcare Corporation

June 24, 1998

June 24, 1998

Order/Opinion
119

1:97-cv-00362

Order Granting Partial Summary Judgment

EEOC v. Horizon/CMS Healthcare Corporation

June 24, 1998

June 24, 1998

Order/Opinion
179

1:97-cv-00362

Judgment

EEOC v. Horizon/CMS Healthcare Corporation

Oct. 1, 1998

Oct. 1, 1998

Order/Opinion
178

1:97-cv-00362

Findings of Fact and Conclusions of Law

EEOC v. Horizon/CMS HEALTHCARE CORPORATION

Oct. 1, 1998

Oct. 1, 1998

Order/Opinion

1:97-cv-00362

98-02328

[USCA] Judgment

EEOC v. Horizon/CMS Healthcare Corporation

U.S. Court of Appeals for the Tenth Circuit

Oct. 30, 2000

Oct. 30, 2000

Order/Opinion

220 F.3d 220

196

1:97-cv-00362

Stipulation of Dismissal

EEOC v. Horizon/CMS Healthcare Corp.

Aug. 31, 2001

Aug. 31, 2001

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4842336/eeoc-v-horizoncms-healthca/

Last updated Jan. 27, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/jury demand by pltf ( 1 Summons(es) issued) (former employee) Modified on 03/19/1997 (Entered: 03/19/1997)

March 19, 1997

March 19, 1997

2

ENTRY OF APPEARANCE for Horizon/CMS Healthca by Margaret R. McNett (former employee) (Entered: 04/17/1997)

April 16, 1997

April 16, 1997

3

ANSWER by Horizon/CMS Healthca [1-1] (former employee) (Entered: 04/17/1997)

April 16, 1997

April 16, 1997

4

NOTICE by pltf of consent to proceed before the magistrate (kd) (Entered: 05/21/1997)

May 21, 1997

May 21, 1997

5

ENTRY OF APPEARANCE for defendant by Jim M. Dines, Cindy Lovato-Farmer (jrm) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

6

NOTICE by defendant of consent to proceed before a US Magistrate Judge (jrm) (Entered: 07/16/1997)

July 16, 1997

July 16, 1997

7

MINUTE ORDER: Case referred to Magistrate Don J. Svet (cc: all counsel) (jrm) (Entered: 08/22/1997)

Aug. 22, 1997

Aug. 22, 1997

8

INITIAL SCHEDULING ORDER by Magistrate Don J. Svet ; Rule 16 scheduling conference set for 10/14/97 at 8:30 am; provisional discovery plan and IPTR due 10/6/97 (cc: all counsel) (jrm) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

9

SUBSTITUTION OF COUNSEL: terminating attorney Lauren Elisabeth Eiler for EEOC and substituting attorney Loretta F. Medina and Veronica Molina (jrm) (Entered: 09/05/1997)

Sept. 4, 1997

Sept. 4, 1997

10

CERTIFICATE of Service by pltf of the initial disclosures to counsel on 9/25/97 (kd) (Entered: 09/25/1997)

Sept. 25, 1997

Sept. 25, 1997

11

CERTIFICATE of service of initial disclosures by defendant to counsel on 9/26/97 (jrm) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

12

PROVISIONAL DISCOVERY PLAN by parties (sl) (Entered: 10/03/1997)

Oct. 3, 1997

Oct. 3, 1997

13

STIPULATED MOTION by defendant for order for admission of non resident attorney (jrm) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

14

CERTIFICATE of service of 1st supplemental initial disclosures by plaintiff to counsel on 10/8/97 (jrm) (Entered: 10/10/1997)

Oct. 10, 1997

Oct. 10, 1997

15

ORDER by Magistrate Richard L. Puglisi granting the stipulated motion for order for admission of non resident attorney [13-1] Dean E Westman to practice before this Court in association with Dines,Wilson,Gross and Esquivel (cc: all counsel) (jrm) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

16

CLERK'S MINUTES: before Magistrate Don J. Svet ; Rule 16 scheduling conference HELD (jrm) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

17

UNOPPOSED MOTION by plaintiff to amend complaint to add additional charging party Elizabeth Johnston (jrm) (Entered: 10/24/1997)

Oct. 24, 1997

Oct. 24, 1997

18

CERTIFICATE of service of 2nd supplemental initial disclosures by plaintiff to counsel on 10/23/97 (jrm) (Entered: 10/24/1997)

Oct. 24, 1997

Oct. 24, 1997

19

ORDER by Magistrate Richard L. Puglisi granting pltf's unopposed motion to amend complaint to add additional charging party Elizabeth Johnston [17-1] (cc: all counsel) (jrm) (Entered: 10/28/1997)

Oct. 28, 1997

Oct. 28, 1997

20

INITIAL PRE-TRIAL REPORT Magistrate Richard L. Puglisi and Magistrate Don J. Svet ; Discovery set for 3/16/98 ;mtn filing ddl set for 5/4/98 ; proposed pretrial order due 5/21/98 ; pretrial conference set for 8:45 am on 7/22/98 ; jury trial set for 9:30 am on 9/21/98 ; Estimated # of Trial Days: 5-7; Chances of Settlement: POSSIBLE (CLERK: jc) (cc: all counsel by jc) (jrm) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

21

ORDER by Magistrate Don J. Svet setting a mandatory settlement conference on 3/24/98 at 1:30 pm in Albuquerque, NM (cc: all counsel) (jrm) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

22

MINUTE ORDER SETTING DATE OF JURY TRIAL Pretrial conference set for 7/22/98 at 8:45 am ; Jury trial set for 9/21/98 at 9:30 am, both in Albuquerque, NM, (CLERK: ddc) (cc: all counsel by ddc) (jrm) Modified on 11/20/1997 (Entered: 11/19/1997)

Nov. 17, 1997

Nov. 17, 1997

23

CERTIFICATE of Service by pltf of first set of interrogatories, request for admissions and request for production to counsel on 11/19/97 (former employee) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

24

AMENDED COMPLAINT [1-1] by plaintiff; jury demand (0 - Summons (es) issued) (jrm) (Entered: 11/25/1997)

Nov. 25, 1997

Nov. 25, 1997

25

ANSWER by defendant to 1st amended complaint [24-1] (jrm) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

27

CERTIFICATE of service of response to pltf's 1st request for admissions by defendant to counsel on 12/19/97 (jrm) (Entered: 12/22/1997)

Dec. 19, 1997

Dec. 19, 1997

28

ORDER by Magistrate Don J. Svet granting pltf's unopposed motion to extend deadlines for identification of experts and expert reports [26-1] as described herein (cc: all counsel) (jrm) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

29

CERTIFICATE of service of response to pltf's 1st request for production by defendant to counsel on 12/22/97 (jrm) (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

30

CERTIFICATE of service of 1st set of interrogs by defendant to counsel on 12/22/97 (jrm) (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

31

UNOPPOSED MOTION by plaintiff to extend time for service of motion to compel answers to interrogs and requests for production (jrm) (Entered: 01/13/1998)

Jan. 9, 1998

Jan. 9, 1998

32

CERTIFICATE of service of request for entry upon land for inspection and other purposes by plaintiff to counsel on 1/9/98 (jrm) (Entered: 01/13/1998)

Jan. 9, 1998

Jan. 9, 1998

33

ORDER by Magistrate Don J. Svet granting pltf's unopposed motion to extend time for service of motion to compel answers to interrogs and requests for production [31-1] Pltf shall have up to and including 2/4/98 to serve a motion to compel on deft (cc: all counsel) (jrm) (Entered: 01/14/1998)

Jan. 14, 1998

Jan. 14, 1998

34

CERTIFICATE of service of 2nd request for production by plaintiff to counsel on 2/6/98 (jrm) (Entered: 02/09/1998)

Feb. 9, 1998

Feb. 9, 1998

35

CERTIFICATE of service by defendant of supplemental response to first set of interrogatories to opposing counsel on 2/9/98 (mjr) (Entered: 02/10/1998)

Feb. 9, 1998

Feb. 9, 1998

36

MINUTE ORDER: amending deadline as described herein [22-2] (CLERK: ddc) (cc: all counsel by ddc) (jrm) (Entered: 02/10/1998)

Feb. 9, 1998

Feb. 9, 1998

37

CERTIFICATE of service of response to pltf's request for entry upon land for inspection and other purposes by defendant to counsel on 2/9/98 (jrm) (Entered: 02/10/1998)

Feb. 10, 1998

Feb. 10, 1998

38

CERTIFICATE of service of supplemental response to pltf's 1st request for admissions by defendant to counsel on 2/10/98 (jrm) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

39

CERTIFICATE of service of 2nd request for admissions by plaintiff to counsel on 2/10/98 (jrm) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

40

CERTIFICATE of service of 1st request for production, 1sr set of interrogs and 1st request for admissions by defendant to counsel on 2/13/98 (jrm) Modified on 02/18/1998 (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

42

NOTICE by plaintiff of disclosure of expert witnesses (jrm) (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

43

UNOPPOSED MOTION by plaintiff to extend time for service of mtn to compel request for entry upon land for inspection and other purposes (jrm) Modified on 03/04/1998 (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

44

CERTIFICATE of service of supplemental response to pltf's 1st request for production by defendant to counsel on 3/4/98 (jrm) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

45

ORDER by Magistrate Don J. Svet granting pltf's unopposed motion to extend time for service of mtn to compel request for entry upon land for inspection and other purposes [43-1] as described herein (cc: all counsel) (jrm) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

46

MOTION by plaintiff to compel deft to fully respond to pltf's discovery requests (jrm) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

47

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to pltf's discovery requests [46-1] (jrm) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

48

RESPONSE by defendant to motion to compel deft to fully respond to pltf's discovery requests [46-1] (jrm) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

49

REPLY by plaintiff to response to motion to compel deft to fully respond to pltf's discovery requests [46-1] (jrm) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

50

CERTIFICATE of service of response to 2nd request for production and response to 2nd request for admissions by defendant to counsel on 3/11/98 (jrm) (Entered: 03/11/1998)

March 11, 1998

March 11, 1998

51

UNOPPOSED MOTION by plaintiff to extend time to respond to interrogs and requests for production propounded by deft (jrm) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

52

CERTIFICATE of service of responses to 1st request for admissions by plaintiff to counsel on 3/16/98 (jrm) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

53

ORDER by Magistrate Don J. Svet granting motion to extend time until 3/19/98 in which to respond to interrogs and requests for production propounded by deft [51-1] (cc: all counsel) (jrm) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

54

ORDER by Magistrate Don J. Svet granting pltf's motion to compel deft to fully respond to pltf's discovery requests [46-1] (cc: all counsel) (jrm) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

55

CERTIFICATE of service of response to deft's 1st set of interrogs and 1st request for production by plaintiff to counsel on 3/19/98 (jrm) (Entered: 03/20/1998)

March 20, 1998

March 20, 1998

57

CERTIFICATE of service of identification of expert witnesses by defendant to counsel on 3/16/98 (jrm) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

58

ORDER by Magistrate Richard L. Puglisi for Magistrate Judge Don J Svet granting motion to withdraw entry of appearance for attorney Margaret R McNett [56-1] for Horizon/CMS Healthca (cc: all counsel) (jrm) Modified on 03/23/1998 (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

SETTLEMENT CONFERENCE held before Magistrate Judge Svet, case has not settled (jrm) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

59

CERTIFICATE of service of supplemental response topltf's interrog no.18 by defendant to counsel on 3/26/98 (jrm) Modified on 04/16/1998 (Entered: 03/27/1998)

March 26, 1998

March 26, 1998

60

MOTION by plaintiff to extend time within which pltf may conduct discovery (jrm) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

61

MEMORANDUM by plaintiff in support of motion to extend time within which pltf may conduct discovery [60-1] (jrm) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

62

(RESPONSE) Memorandum in opposition by defendant to motion to extend time within which pltf may conduct discovery [60-1] (jrm) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

63

REPLY by plaintiff to (response) memorandum in opposition to motion to extend time within which pltf may conduct discovery [60-1] (jrm) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

64

ORDER by Magistrate Don J. Svet re: deft's complaince with the Order of 3/18/98 and as described herein (cc: all counsel) (kd) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

65

JOINT MOTION by parties for order permitting additional discovery depositions (jrm) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

66

MOTION by plaintiff to compel second request for production (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

67

MEMORANDUM by plaintiff in support of motion to compel second request for production [66-1] (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

68

RESPONSE by defendant to motion to compel second request for production [66-1] (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

69

REPLY by plaintiff to response to motion to compel second request for production [66-1] (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

70

ORDER by Magistrate Don J. Svet granting the parties joint mtn for order permitting additional discovery depositions [65-1], all other deadlines scheduled in this case remain as previously imposed, unless otherwise ordered (cc: counsel) (jrm) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

73

CERTIFICATE of service of 1st supplemental response to deft's 1st set of interrogs/3rd disclosure statement by plaintiff to counsel on 4/21/98 (jrm) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

72

ORDER by Magistrate Don J. Svet granting in part pltf's mtn to compel second request for production [66-1] (CLERK) (cc: all counsel, electronically) (jrm) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

74

AMENDED MOTION by pltf to extend time w/in which to respond to deft's mtn for summary judgment and to extend deadlines for pltf's mtn for summary judgment and pretrial order (jrm) Modified on 05/11/1998 (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

75

AMENDED MEMORANDUM by plaintiff in support of motion to extend time w/in which to respond to deft's mtn for summary judgment [74-1] and motion to extend deadlines for pltf's mtn for summary judgment and pretrial order [74-2] (jrm) Modified on 05/11/1998 (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

76

RESPONSE by defendant to motion to extend time w/in which to respond to deft's mtn for summary judgment [74-1] and motion to extend deadlines for pltf's mtn for summary judgment and pretrial order [74-2] (jrm) Modified on 05/11/1998 (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

77

ORDER by Magistrate Don J. Svet granting in part pltf's motion to extend time w/in which to respond to deft's mtn for summary judgment [74-1], granting in part motion to extend deadlines for pltf's mtn for summary judgment and pretrial order [74-2] (CLERK) (cc: all counsel, electronically) (jrm) Modified on 05/11/1998 (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

78

CERTIFICATE of service by plaintiff of second supplemental response to first set of interrogatories/fourth supplemental disclosure statement to opposing counsel on 4/30/98 (mjr) (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

79

PROTECTIVE ORDER by Magistrate Don J. Svet governing the production of documents regarding the corporate transactions between Horizon/CMS Healthcare Corp, Healthsouth and Intergrated Health Systems as described herein (cc: all counsel) (jrm) Modified on 05/11/1998 (Entered: 05/04/1998)

May 4, 1998

May 4, 1998

80

MOTION by plaintiff for partial summary judgment as to deft's third affirmative defense (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

81

MEMORANDUM by plaintiff in support of motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

82

AFFIDAVIT of Loretta Medina in support of motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

84

AFFIDAVIT of Christella Garcia in support of motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

85

AFFIDAVIT of Rochelle Smith in support of motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

86

(RESPONSE) Memorandum in opposition by defendant to motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

87

REPLY by plaintiff to (response) memorandum in opposition to motion for partial summary judgment as to deft's third affirmative defense [80-1] (jrm) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

88

CERTIFICATE of service of supplemental response to 2nd request for production by defendant to counsel on 5/6/98 (jrm) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

89

NOTICE of hearing before Magistrate Judge Richard L Puglisi setting hearing on motion for partial summary judgment as to deft's third affirmative defense [80-1] at 9:00 am on 6/24/98 (CLERK) (cc: all counsel, electronically) (jrm) (Entered: 05/08/1998)

May 7, 1998

May 7, 1998

90

CERTIFICATE of service by pltf of third supplemental response to first set of interrogatories and fifth supplemental disclosures statement to counsel on 5/7/98 (former employee) (Entered: 05/11/1998)

May 8, 1998

May 8, 1998

91

UNOPPOSED MOTION by plaintiff to exceed page limitation for response to deft's mtn for summary judgment and pltf's cross-mtn for summary judgment (jrm) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

92

CERTIFICATE of service of 4th supplemental response to deft's 1st set of interrogs/6th supplemental disclosure statement by plaintiff to counsel on 5/18/98 (jrm) (Entered: 05/19/1998)

May 19, 1998

May 19, 1998

93

ORDER by Magistrate Don J. Svet granting motion to exceed page limitation for response to deft's mtn for summary judgment and pltf's cross-mtn for summary judgment [91-1] as further described herein (cc: all counsel) (jrm) (Entered: 05/21/1998)

May 21, 1998

May 21, 1998

94

AMENDED NOTICE of hearing before Magistrate Judge Puglisi setting hearing on motion for partial summary judgment as to deft's third affirmative defense [80-1] at 9:00 am on 6/24/98 (cc: all counsel, electronically) (jrm) (Entered: 05/28/1998)

May 27, 1998

May 27, 1998

95

MINUTE ORDER ; Pretrial conference reset for 8/12/98 at 9:00 am; jury selection/trial remains as set 9/21/98 at 9:30 am (cc: all counsel, electronically) (jrm) Modified on 06/29/1998 (Entered: 06/01/1998)

May 29, 1998

May 29, 1998

97

MOTION and memorandum in support of by defendant for summary judgment (jrm) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

98

RESPONSE in opposition by plaintiff to motion for summary judgment [97-1] (jrm) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

99

REPLY brief by defendant to response to motion for summary judgment [97-1] (jrm) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

100

NOTICE of hearing before Magistrate Judge Puglisi setting hearing on mtns for summary judgment [97-1] and for partial summary judgment as to deft's third affirmative defense [80-1] at 9:00 am on 6/23/98 (cc: all counsel, electronically) (jrm) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

101

UNOPPOSED MOTION by deft for leave of court for limited discovery of recently disclosed allegedly aggrieved individuals (jrm) Modified on 06/29/1998 (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

102

ORDER by Magistrate Judge Don J. Svet granting motion for leave of court for limited discovery of recently disclosed allegedly aggrieved individuals [101-1] (cc: all counsel) (jrm) (Entered: 06/12/1998)

June 12, 1998

June 12, 1998

104

NOTICE by plaintiff of filing original notarized affidavits in support of pltf's response to deft's mtn for summary judgment and pltf's cross-mtn for summary judgment (jrm) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

105

CROSS-MOTION by plaintiff for summary judgment (jrm) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

106

MEMORANDUM by plaintiff in support of cross-motion for summary judgment [105-1] (jrm) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 19, 1997

Closing Date: Sept. 12, 2001

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

Horizon/CMS Healthcare Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

None

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

EEOC-centric:

Direct Suit on Merits