Case: EEOC v. RD's Drive In/Exxon

3:02-cv-01911 | U.S. District Court for the District of Arizona

Filed Date: Sept. 27, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 27, 2002, the Phoenix District Office of the EEOC brought this suit against the owners of an Arizona fast food restaurant in the U.S. District Court for the District of Arizona. The EEOC sued on behalf of several Native American employees and alleged that the defendants’ use of a mandatory English-only policy violated both Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The case was assigned to Judge Stephen M. McNamee.Because the restaurant w…

On September 27, 2002, the Phoenix District Office of the EEOC brought this suit against the owners of an Arizona fast food restaurant in the U.S. District Court for the District of Arizona. The EEOC sued on behalf of several Native American employees and alleged that the defendants’ use of a mandatory English-only policy violated both Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The case was assigned to Judge Stephen M. McNamee.

Because the restaurant was next to a reservation, approximately 90% of the restaurant’s employees were members of the Navaho Nation and were bilingual, speaking Navajo and English. In response to complaints from English-only speaking employees that Native American employees were speaking rudely or inappropriately to them in Navajo, the Defendants adopted an English-only policy at the restaurant and required every employee to sign it. Employees who did not sign the policy were required to give a two-week notice and cease working at the restaurant. Additionally, when four employees refused to sign the policy, they were sent home immediately and were then penalized for leaving mid-shift, receiving a reduced hourly wage. These four plaintiffs filed charges with the EEOC, which issued letters of determination in July 2001 and subsequently filed this lawsuit. In February 2003, the Court granted a motion by these four plaintiffs, allowing them to become intervenors in this case.

The defendants filed a motion for partial summary judgment in November 2002, and the parties litigated over this motion for several months. Ultimately, however, the focus of the litigation shifted to the parties’ attempts to reach a settlement agreement. In April 2003, the parties held their first settlement conference but were unable to reach a settlement agreement. On September 3, 2003, the parties held another settlement conference and, according to a Minute Order filed two days afterward, were able to reach a settlement agreement. However, several weeks passed without the parties filing the appropriate settlement documents with the Court. The parties had reassured the court at a status conference in mid-September that a settlement had been reached and that the parties were merely finalizing documents.

According to a motion filed by the intervening plaintiffs, although the parties had settled on a number of material terms at the conference held on September 3, 2003, and the EEOC had sent the defendants a proposed consent decree memorializing the settlement negotiations the next day, the defendants had then sent the plaintiffs a new draft of the consent decree that substantially altered the terms of the original settlement. The defendants indicated that they did not intend to honor the agreement reached on September 3, 2003.

Subsequently, the intervenors filed a motion in January 2004 to enforce the settlement agreement, arguing that a settlement agreement had been reached on September 3, 2003, and was now enforceable against the defendants. The Court conducted an evidentiary hearing, and on September 14, 2004, the Court issued a Memorandum of Decision and Order that outlined the terms upon which the parties had reached an agreement (and the terms for which there was no mutual assent). The Court admonished the attorneys on both sides for “bickering,” but ultimately entered a judgment that favored the plaintiffs. Specifically, the Court enjoined the defendants from engaging in discrimination or retaliation and ordered the defendants to take the following actions:

1. Pay the intervenors $7,400 over a period of 16 months;

2. Rescind the English Language policy;

3. Organize and participate in a community symposium within nine months of the entry of the decree;

4. Sign, along with the plaintiffs, a “joint statement” concerning resolution and file a settlement agreement with the Court;

5. Post a notice at RD’s Drive In concerning discrimination and retaliation; and

6. Conduct quarterly staff meetings to discuss issues, problems, policies, and employee concerns.

The defendants appealed the judgment and the court granted a stay while the appeal was pending. On August 27, 2007, the Court of Appeals for the Ninth Circuit (Circuit Judges J. Clifford Wallace and Jay S. Bybee and District Judge Dean D. Pregerson) affirmed the District Court judgment. 244 Fed. Appx. 70. The case is now closed.

Summary Authors

Keri Livingston (7/16/2007)

Sara Stearns (6/2/2019)

People


Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Attorneys(s) for Defendant

Becker, Joseph F (Colorado)

Detamore, James Scott (Colorado)

Pendley, William Perry (Colorado)

Sakato, Jo Ann M (Arizona)

Selden, David A. (Arizona)

Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Attorneys(s) for Defendant

Becker, Joseph F (Colorado)

Detamore, James Scott (Colorado)

Pendley, William Perry (Colorado)

Sakato, Jo Ann M (Arizona)

Selden, David A. (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Kidman

Aug. 28, 2007 Docket

EEOC Sues Arizona Diner for National Origin Bias Against Navajos and Other Native Americans

EEOC v RD's Drive In

No Court

Sept. 30, 2002 Press Release
130

PLAINTIFF AND INTERVENORS' MOTION TO ENFORCE SETTLEMENT AGREEMENT AND MEMORANDUM OF POINTS AND AUTHORITIES

EEOC v. RD's/Exxon

Jan. 9, 2004 Pleading / Motion / Brief
152

Memorandum of Decision and Order

EEOC v. RD's/Exxon

Sept. 14, 2004 Order/Opinion
155

Judgment in a Civil Case

Oct. 13, 2004 Order/Opinion

Judgment

EEOC v. RD's/Exxon

U. S. Court of Appeals for the Ninth Circuit

Aug. 22, 2007 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FILED (Entered: 09/30/2002)

Sept. 27, 2002
2

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Steve Kidman on 10/7/02 (MAP) (Entered: 10/18/2002)

Oct. 17, 2002
3

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Richard O Kidman on 10/17/02 (MAP) (Entered: 10/18/2002)

Oct. 17, 2002
4

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Shauna Kidman on 10/7/02 (MAP) (Entered: 10/18/2002)

Oct. 17, 2002
5

ANSWER to complaint [1−1] by dft Richard O Kidman, dft Shauna Kidman (MAP) (Entered: 10/30/2002)

Oct. 28, 2002
6

MOTION to dismiss as to dft Steve Kidman by dfts [6−1] (MAP) (Entered: 10/30/2002)

Oct. 28, 2002
8

Party elects assignment of case to district judge ; mag election form ddl satisfied 10/28/02 (MAP) (Entered: 10/30/2002)

Oct. 28, 2002
9

MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Stephen M. McNamee All further papers/pleadings should now list the following COMPLETE case number: CIV−02−1911−PCT−SMM (cc: all counsel/SMM/LOA) [9−2] (MAP) (Entered: 10/30/2002)

Oct. 30, 2002
10

AMENDED answer to pla's complaint [5−1] by dft Shauna Kidman, Richard Kidman (former emp) (Entered: 11/04/2002)

Oct. 31, 2002
11

DECLARATION of Richard Kidman & Steven Kidman re statement of facts in support of motion to dismiss dft Steven Kidman on 10/28/02 [7−1] by dfts (former emp) (Entered: 11/06/2002)

Nov. 4, 2002
12

MOTION for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 11/25/2002)

Nov. 22, 2002
13

STATEMENT OF FACTS by dfts for motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 11/25/2002)

Nov. 22, 2002
14

STIPULATION by all parties to dismiss the claims against dft Steven Kidman without prejudice (former emp) (Entered: 12/03/2002)

Dec. 2, 2002
15

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to dismiss the claims against dft Steven Kidman without prejudice (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 12/10/2002)

Dec. 10, 2002
16

JOINT NOTIFICATION by pla EEOC, dft Richard O Kidman, dft Shauna Kidman of preparedness for scheduling of a Rule 16 Conference (former emp) (Entered: 12/23/2002)

Dec. 20, 2002
17

STIPULATION and request by all parties to extend time until 1/27/03 for pla EEOC to file a response to dft's motion for partial summary judgment (former emp) (Entered: 12/23/2002)

Dec. 20, 2002
18

ORDER by Judge Stephen M. McNamee granting stipulation and request by all parties to extend time until 1/27/03 for pla EEOC to file a response to dft's motion for partial summary judgment (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 12/31/2002)

Dec. 31, 2002
19

ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 3/26/03 ; Counsel who will be responsible for trial shall personally appear and participate in the Preliminary Pretrial Conference. Parties are directed to meet at least 14 days before the Conference. To satisfy the requirements of Fed.R.Civ.P. 26(a) the parties shall file with the Clerk of the Court a notice of initial disclosure. All counsel shall jointly file their Proposed Case Management Plan with the Clerk of the Court not less than 5 business days before the Preliminary Pretrial Conference. Clerk of the Court send copies of this order to all counsel of record and to all parties, if any, appearing propria persona (cc: all counsel) (former emp) Modified on 01/10/2003 (Entered: 01/10/2003)

Jan. 10, 2003
20

STIPULATION and request by all parties to extend time until 2/18/03 for pla EEOC to file a response to dft's motion for partial summary judgment (former emp) (Entered: 01/28/2003)

Jan. 27, 2003
21

MOTION for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (former emp) Modified on 02/03/2003 (Entered: 02/03/2003)

Jan. 29, 2003
22

ORDER by Judge Stephen M. McNamee granting stipulation and request by all parties to extend time until 2/18/03 for pla EEOC to file a response to dft's motion for partial summary judgment (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 02/04/2003)

Feb. 4, 2003
23

FIRST NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Steven Kidman on the following date(s): 2/25/03 (former emp) (Entered: 02/05/2003)

Feb. 4, 2003
25

NOTICE of service of discovery (EEOC's first set of request admissions, request for production of documents and non−uniform interrogatories) by pla EEOC . (former emp) (Entered: 02/05/2003)

Feb. 4, 2003
27

REQUEST (MOTION) for Rule 16 settlement conference by pla EEOC [27−1] (former emp) (Entered: 02/11/2003)

Feb. 10, 2003
26

MOTION to intervene as plaintiffs by Doretta Benally, Roxanne Cahoon, Freda Douglas, Elva Begay Josley [26−1] (former emp) (Entered: 02/11/2003)

Feb. 11, 2003
28

ORDER by Judge Stephen M. McNamee granting motion for Rule 16 settlement conference by pla EEOC [27−1]; this matter is referred to Magistrate Judge Morton Sitver for a settlement conference; parties are directed to contact Judge Sitver's Office (cc: all counsel/MS) (former emp) (ADI−ICMS, ). (Entered: 02/14/2003)

Feb. 14, 2003
29

NOTICE by pla OF TAKING DEPO OF Custodian of Records, Pnillips and Partners on the following date(s): 2/27/03 at 9:30 am (CMM) (Entered: 02/19/2003)

Feb. 14, 2003
30

STIPULATION AN REQUEST to extend time for pla to file a response to motion for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (to 2/25/03) by pla, dfts (proposed response not provided) (1st request) (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
31

OBJECTIONS by pla EEOC to statement of facts for motion for partial summary judgment [13−1] (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
31

MOTION to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
32

MOTION for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (LAD) Modified on 05/28/2003 (Entered: 02/21/2003)

Feb. 18, 2003
33

MEMORANDUM IN SUPPORT by pla EEOC of motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
34

RESPONSE by pla EEOC to motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
35

STATEMENT OF FACTS by pla EEOC in support of response to motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (LAD) (Entered: 02/21/2003)

Feb. 18, 2003
36

SEALED Motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] (LAD) (Entered: 02/24/2003)

Feb. 21, 2003
37

NOTICE by pla EEOC of intent to substitute signed declarations for unsigned declarations (re Doretta Benally, Freda Douglas, Elva Begay and Freda Douglas − signed declarations not provided with this notice) (LAD) (Entered: 02/24/2003)

Feb. 21, 2003
38

ORDER by Judge Stephen M. McNamee granting stipulation to extend time for pla to file a response to motion for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (to 2/25/03) by pla, dfts (proposed response not provided) (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/24/2003)

Feb. 24, 2003
39

RESPONSE by pla EEOC to motion for sanctions re violation of conciliation mandate against EEOC by dfts [21−1] (and incorporates by reference the response to dft's motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1]) (former emp) (Entered: 02/26/2003)

Feb. 25, 2003
40

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (former emp) (Entered: 02/26/2003)

Feb. 25, 2003
41

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 02/27/2003)

Feb. 26, 2003
43

STIPULATION by all parties to extend time until 3/28/03 for submission of dfts' reply to pla's response in opposition to dft's motion for partial summary judgment; dfts' ... by pla, dft (former emp) (Entered: 03/03/2003)

Feb. 28, 2003
44

STIPULATION by all parties for an extension of time until 3/20/03 for submission of the dfts's answers to pla' first request for admissions... (former emp) (Entered: 03/07/2003)

March 6, 2003
45

ORDER by Judge Stephen M. McNamee granting stipulation by all parties that dfts' shall have until 3/28/03 to submit their reply to pla EEOC's response in opposition to dft's motion for partial summary judgment, dfts response to pla EEOC's motion objections to and motion to strike portions of dfts' statement of facts for motion for partial summary judgment and dfts' response to pla EEOC's motion for leave to conduct discovery pursuant to Fed.R.Civ.P. 56(f) (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/07/2003)

March 7, 2003
46

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Morton Sitver ; settlement conference set for 1:30 4/4/04 , before Mag Judge Morton Sitver ; counsel shall appear with the parties or with the person(s) having full authority to settle the case; at least 5 days before the conference parties shall lodge a settlement conference statement (cc: all counsel/SMM) (former emp) Modified on 03/10/2003 (ADI−ICMS, ). (Entered: 03/07/2003)

March 7, 2003
47

STIPULATION by all parties that dfts may have until 3/10/03 to file their reply in support of dfts' motion for sanctions (former emp) (Entered: 03/10/2003)

March 7, 2003
48

ORDER by Judge Stephen M. McNamee granting stipulation by all parties for an extension of time until 3/20/03 for submission of the dfts's answers to pla' first request for admissions, first set of non−uniform interrogatories and first request for production of documents (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/10/2003)

March 10, 2003
49

MOTION to exceed page limitation for doc(s) Reply in support of dfts' motion for sanctions by dfts [49−1] (former emp) Modified on 03/12/2003 (Entered: 03/11/2003)

March 10, 2003

LODGED Reply in support of dfts' motion for sanctions (Lodged at clerk's desk... see doc #49) (former emp) (Entered: 03/11/2003)

March 10, 2003
50

MINUTE ORDER the order issued 3/7/03 contained a clerical error; [46−3] ; settlement conference reset for 1:30 4/4/03 , before Mag Judge Morton Sitver (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/12/2003)

March 12, 2003
51

ORDER by Judge Stephen M. McNamee granting motion to exceed page limitation for doc(s) Reply in support of dfts' motion for sanctions by dfts [49−1] vacating [0−0] lodged document (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/12/2003)

March 12, 2003
52

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion for sanctions (re violation of conciliation mandate against EEOC by dfts) [21−1] (former emp) (Entered: 03/12/2003)

March 12, 2003
53

RESPONSE in opposition by pla EEOC to motion TO SEAL two pages by dft Richard O Kidman, dft Shauna Kidman [42−1], AND motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] (former emp) (Entered: 03/13/2003)

March 12, 2003
54

NOTICE by pla EEOC OF TAKING of Video DEPO OF Steven Kidman on the following date(s): 4/16/03 (former emp) (Entered: 03/17/2003)

March 13, 2003
55

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Richard Kidman on the following date(s): 4/15/03 (former emp) (Entered: 03/17/2003)

March 13, 2003
56

MOTION for permission to file portion of response UNDER SEAL by pla EEOC [56−1] (former emp) Modified on 03/18/2003 (Entered: 03/17/2003)

March 14, 2003
57

ORDER by Judge Stephen M. McNamee granting motion for permission to file portion of response UNDER SEAL by pla EEOC [56−1] (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/18/2003)

March 18, 2003
58

ORDER by Judge Stephen M. McNamee granting stipulation by all parties that dfts may have until 3/10/03 to file their reply in support of dfts' motion for sanctions (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/18/2003)

March 18, 2003
59

CROSS−MOTION TO SEAL pages 5 & 6 of pla's response in opposition to dfts' motion to seal by pla EEOC [59−1] (page 5 & 6 filed under seal) and RESPONSE to dfts' motion TO SEAL two pages by dft Richard O Kidman, dft Kidman [42−1]; motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] by pla EEOC (former emp) (Entered: 03/18/2003)

March 18, 2003
61

STIPULATION by all parties for 2−Day extension of time to submit proposed case management plan (former emp) (Entered: 03/21/2003)

March 19, 2003
62

NOTICE of service of discovery by dft Richard O Kidman, Steven Kidman and dft Shauna Kidman . (former emp) (Entered: 03/21/2003)

March 20, 2003
63

PROPOSED CASE MGT PLAN: discovery cutoff 1/23/04; dispositive motions filing ddl is 4/9/04 (former emp) (Entered: 03/24/2003)

March 21, 2003
64

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to submit proposed case management plan; parties may have until 3/21/03 to file their proposed case management plan (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/24/2003)

March 24, 2003
65

THIRD MOTION TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 03/25/2003)

March 24, 2003
66

MOTION for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1] (former emp) (Entered: 03/25/2003)

March 24, 2003

LODGED SEALED dfts' notice of filing under seal portion of dfts' reply in support of motion to seal and second motion to seal .... see doc #66 file 3/24/03 (former emp) Modified on 03/26/2003 (Entered: 03/25/2003)

March 24, 2003
67

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion to seal and second motion to seal [66−1], [65−1], [59−1] [42−1] (former emp) (Entered: 03/26/2003)

March 24, 2003
68

ORDER by Judge Stephen M. McNamee granting motion to intervene as plaintiffs by Doretta Benally, Roxanne Cahoon, Freda Douglas, Elva Begay [26−1]; the parties having no objection to resetting the Rule 16 Scheduling Conference ; prel scheduling conf reset for 4:00 6/17/03 ; parties have any addenda to the joint proposed case management plan, they shall file such addenda on or before 6/10/03 (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/27/2003)

March 27, 2003
69

STIPULATION by all parties to extend time until 5/2/03 for dfts to file their reply to dfts' motion for partial summary judgment, response to EEOC's motion to strike, and response to motion for leave to conduct discovery (former emp) Modified on 04/01/2003 (Entered: 03/31/2003)

March 28, 2003
70

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to extend time until 5/2/03 for dfts to file their reply to dfts' motion for partial summary judgment, response to EEOC's motion to strike, and response to motion for leave to conduct discovery (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 04/02/2003)

April 2, 2003
71

MOTION to accelerate ruling on motion for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1], motion TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1], motion TO SEAL two pages by dft Richard O Kidman, dft Shauna Kidman [42−1], motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] by Kidman dfts [71−1] (former emp) (Entered: 04/08/2003)

April 7, 2003
72

RESPONSE by pla EEOC to motion for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1], motion TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 04/08/2003)

April 7, 2003
74

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of THIRD MOTION TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 04/17/2003)

April 16, 2003
75

ORDER by Judge Stephen M. McNamee that Kidmans' Motion to accelerate ruling on motion for permission to file portion of reply under SEAL (doc.#71) is hereby Granted. FURTHER ORDERED that the Kidmans' Motion to Seal Response in Opposition to the Kidmans' Motion for Partial Summary Judgment and SOF in Support of Response in Opposition to the Kidmans' Motion for Partial Summary Judgment (doc.#36) is Denied. FURTHER ORDERED that the Kidmans' (Second) TO SEAL (doc.#42) is Denied. FURTHER ORDERED that the EEOC's Motion to Seal pages 5 and 6 of its Response (doc.#59) is Granted. FURTHER ORDERED that the Kidmans' (Third) Motion to Seal [Doc.#65] is Denied. FURTHER ORDERED that the Kidmans' Motion for permission to file portion of reply under SEAL [66−1] is Granted. (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/17/2003)

April 17, 2003
76

SEALED Doc. Portion of Reply re: In Support of Motion to Seal and Second Motion to Seal by dfts Richard O Kidman, and Shauna Kidman (KMG) (Entered: 04/17/2003)

April 17, 2003
77

ORDER by Judge Stephen M. McNamee setting a hearing on dfts' Motion for sanctions (re violation of conciliation mandate against by dfts [21−1] at 10:00 7/14/03, AND setting hearing on dfts' motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] at 10:00 7/14/03 (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/17/2003)

April 17, 2003
78

SECOND AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Richard Kidman on the following date(s): 6/4/03 (former emp) (Entered: 04/22/2003)

April 21, 2003
79

SECOND AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Steven Kidman on the following date(s): 6/3/03 (former emp) (Entered: 04/22/2003)

April 21, 2003
80

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 04/24/2003)

April 23, 2003
81

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Doretta Benally, intervenor−plaintiff Roxanne Cahoon, intervenor−plaintiff Freda Douglas, intervenor Josley (Begay) (former emp) Modified on 04/28/2003 (Entered: 04/28/2003)

April 25, 2003
82

DECLARATION of Doretta Benally, Freda Douglas, Elva Begay Josley, and Roxanne Cahoon to statement of facts in support of its response in opposition to dfts' motion for partial summary judgment [35−1] by pla EEOC (former emp) (Entered: 04/28/2003)

April 25, 2003
83

ORDER by Judge Stephen M. McNamee: the Court will conduct a telephonic hearing on parties discovery dispute on 5/12/03 at 2:30; parties shall establish a conference call (cc: all counsel) (former emp) Modified on 05/08/2003 (ADI−ICMS, ). (Entered: 04/28/2003)

April 28, 2003
85

ORDER by Judge Stephen M. McNamee granting stipulation to Extend Time until 5/23/03 for Defendants to file their Reply to Motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] AND Response to motion to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] AND Response to motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] by pla, dfts, intervenor−plaintiffs (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 05/05/2003)

May 5, 2003
94

MINUTE ENTRY before Judge Stephen M. McNamee . Crt Rptr: Gary Moll. APPEARING TELEPHONICALLY: David Lopez for plaintiff. Franklin James Hoover for interpleader plaintiffs and David Selden for defendants. Discovery dispute hearing held regarding the sufficiency of defendant's initial disclosures under Rule 26(a) as well as the sufficiency of several interrogatory responses and requests for production. IT IS ORDERED directing the defendants to provide the information under Rule 26(a) within 10 working days and the answers to interrogatories and requests for admissions are due within 20 working days. IT IS FURTHER ORDERED that the defendants are entitled to the taking of the depositions of the plaintiffs. The deposition of the compliance officer shall be taken first prior to going forward with the other discovery. IT IS FURTHER ORDERED directing the defendants to respond to the requests for production within 20 working days. IT IS FURTHER ORDERED directing the parties to meet and confer to resolve the on−going discovery issues including production of the privilege log. [cc: all counsel/SMM] [94−1] re: minute entry [94−1] (ALL) (Entered: 06/09/2003)

May 13, 2003
86

RESPONSE by dft Richard O Kidman, dft Shauna Kidman to motion to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] (former emp) (Entered: 05/28/2003)

May 23, 2003
87

RESPONSE by dft Richard O Kidman, dft Shauna Kidman to motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (former emp) (Entered: 05/28/2003)

May 23, 2003
88

MOTION to exceed the page limit by one page to file dfts' reply in support of motion for partial summary judgment by dfts [88−1] (former emp) (Entered: 05/28/2003)

May 23, 2003
89

ORDER by Judge Stephen M. McNamee granting motion to exceed the page limit by one page to file dfts' reply in support of motion for partial summary judgment by dfts [88−1] (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 05/28/2003)

May 28, 2003
90

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 05/28/2003)

May 28, 2003
91

NOTICE OF FILING ORIGINAL DECLARATION of Richard Kidman (unsigned copy was attached to dfts' reply in support of dfts' motion for partial summary judgment) [90−1] (former emp) (Entered: 06/02/2003)

May 30, 2003
92

STIPULATION by all parties to extend time for pla to file its reply in support of motion for leave to conduct discovery... (former emp) (Entered: 06/04/2003)

June 3, 2003
93

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to extend time for pla to file its reply in support of motion for leave to conduct discovery; EEOC may have until 6/20/03 to file its reply in support of motion for leave to conduct discovery and reply in support of motion to strike; dfts may have until 6/13/03 to serve their supplemental responses to the discovery requests of pla EEOC (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 06/05/2003)

June 5, 2003
95

NOTICE of service of discovery by pla, EEOC and intervenor−plaintiffs. (former emp) (Entered: 06/17/2003)

June 16, 2003
98

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. PRESENT: Mary Joleen O'Neill and David Lopez for Plaintiff. Interpleader Plaintiffs Doretta Benally and Elva Josley Begay. APPEARING TELEPHONICALLY: Interpleader Plaintiffs Roxanne Cahoon and Freda Douglas. ALSO PRESENT: Franklin James Hoover for Interpleader Plaintiffs and David A Selden for Defendants. Defendants Richard O. and Shauna Kidman. The parties stipulate to having a settlement conference scheduled before Magistrate Judge Verkamp on or before September 5, 2003. Therefore, the Rule 16 preliminary scheduling conference is vacated. IT IS ORDERED directing the parties to notify Magistrate Judge Verkamp's office for the purpose of coordinating a date and time for the settlement conference. IT IS FURTHER ORDERED denying without prejudice, with leave to re−notice, the following motions: 1) Plaintiff EEOC's Motion for Leave to Conduct Discovery Pursuant to Federal Rule of Procedure 56(f), [32−1], 2) Plaintiff EEOC's Motion to Strike Portions of Defendants' Statement of Facts in Support of Motion for Partial Summary Judgment by [31−1], 3) Defendants' Motion for Sanctions [21−1], and 4) Defendants' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56 [12−1]. Therefore, IT IS ORDERED that Oral Argument scheduled for July 14, 2003, is vacated. IT IS FURTHER ORDERED setting this matter for a status hearing for Monday, September 15, 2003, at 11:15 a.m. before Chief Judge Stephen M. McNamee. [cc: all counsel/SMM] [98−2] (ALL) (Entered: 06/19/2003)

June 17, 2003
97

TRANSCRIPT of Discovery Dispute by Court Reporter: GMoll for the following date(s): 5/13/03 (former emp) (Entered: 06/18/2003)

June 18, 2003
99

ORDER by Judge Stephen M. McNamee: referring this matter to Magistrate Judge Verkamp for a settlement conference; parties are directed to call Judge Verkamps office to schedule a date for the settlement conference (cc: all counsel/slv) re: order filed [99−1] (former emp) (ADI−ICMS, ). (Entered: 06/23/2003)

June 23, 2003
100

ORDER by Mag Judge Stephen L. Verkamp settlement conference set for 10:00 9/3/03 in Flagstaff, AZ , before Mag Judge Stephen L. Verkamp ; at least 5 days before the Conference, the parties shall lodge directly with the Magistrate Judge a settlement conference statement (cc: all counsel/SMM) (former emp) (ADI−ICMS, ). (Entered: 07/09/2003)

July 9, 2003
101

Transcript Designation and Ordering Form re scheduling conference held 6/17/03 (former emp) (Entered: 07/31/2003)

July 30, 2003
102

STIPULATION by all parties to reschedule the status conference set for 9/15/03 (former emp) (Entered: 08/25/2003)

Aug. 22, 2003
104

TRANSCRIPT of Rule 16 Scheduling Conference by Court Reporter: GMoll for the following date(s): 6/17/03 (former emp) (Entered: 08/28/2003)

Aug. 27, 2003
103

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to reschedule the status conference set for 9/15/03 ; status hearing reset for 9:00 9/22/03 (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 08/28/2003)

Aug. 28, 2003

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2002

Closing Date: 2007

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

Shauna Kidman (Page Arizona), Private Entity/Person

Richard O Kidman (Page, Arizona), Private Entity/Person

Steve Kidman (Page, Arizona), Private Entity/Person

Steve Kidman (Page Arizona), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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:

Voluntary Dismissal

Amount Defendant Pays: 29600

Order Duration: 2002 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race:

American Indian/Alaskan Native

Language:

Other

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit