Case: EEOC v. CONAGRA, INC. dba MONFORT INC.

2:98-cv-00327 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 30, 1998

Closed Date: Aug. 30, 2001

Clearinghouse coding complete

Case Summary

The Dallas District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Texas, against Conagra, Inc. The complaint, filed in September 1998, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had subjected the charging party, and other similarly situation employees, to a sexually hostile work environment based on their gender, female.The charging party intervened in …

The Dallas District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Texas, against Conagra, Inc. The complaint, filed in September 1998, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had subjected the charging party, and other similarly situation employees, to a sexually hostile work environment based on their gender, female.

The charging party intervened in this case and a consent decree was filed in August 1999. The decree provided that Defendant would pay a total of $900,000 ($450,000 going to the charging party and the rest to be divided between the Class members), and it also included non-discrimination/non-retaliations provision, and required Defendant to post a non-discrimination notice and hold sexual harassment training sessions for its employees. Defendant must also have semi-annual meetings with the EEOC regarding compliance with the decree and any incidents of sexual harassment.

Summary Authors

Shankar Viswanathan (6/8/2007)

Documents in the Clearinghouse

Document

2:98-cv-00327

Docket (PACER)

EEOC v. Conagra, Inc.

July 19, 2000

July 19, 2000

Docket
65

2:98-cv-00327

Consent Decree

EEOC v. Monfort, Inc.

Aug. 30, 1999

Aug. 30, 1999

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (NATURE OF THE ACTION) filed; (6) (djs) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

1

DEMAND for jury trial by plaintiff EEOC (djs) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

2

SUMMONS(ES) issued for defendant Conagra Inc (1) (djs) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

3

MOTION with brief in support by Mary nmi Trevino to intervene by Mary nmi Trevino (3) (plh) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

5

Intervenor's COMPLAINT by Mary Trevino against Conagra Inc (5) (plh) Modified on 10/21/1998 (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

4

ORDER granting [3-1] motion to intervene by Mary nmi Trevino. Clerk shall file Intervenor's Original Complaint and Request for Jury Trial effective as of the date the Motion to Intervene was filed. ( signed by MLR) Copies to counsel: 10/20/98 Page(s) 1 (plh) (Entered: 10/20/1998)

Oct. 20, 1998

Oct. 20, 1998

5

DEMAND for jury trial by Mary nmi Trevino (plh) (Entered: 10/20/1998)

Oct. 20, 1998

Oct. 20, 1998

6

SUMMONS(ES) issued for Conagra Inc (1) (plh) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

7

RETURN OF SERVICE executed as to Conagra Inc 11/2/98 Answer due on 11/23/98 for Conagra Inc (2) (plh) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

8

MOTION by Conagra Inc for extension of time (3) (plh) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

9

ORDER granting [8-1] motion for extension of time resetting answer due for 12/9/98 for Conagra Inc ( signed by MLR) Copies to counsel: 12/2/98 Page(s) 2 (plh) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

10

ANSWER to Complaint by Conagra Inc (Attorney Charles R Watson, Jr and Billy R Wolfe) (6) (plh) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

11

MOTION by Conagra Inc to dismiss (7) (plh) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

12

BRIEF by Conagra Inc in support of [11-1] motion to dismiss (11) (plh) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

13

ORIGINAL RULE 16 SCHEDULING ORDER setting Joining of Parties on 1/22/99 ; Amending of Pleadings on 6/4/99 ; Discovery cutoff 6/7/99 ; Deadline for filing of dispositive motions 6/22/99 ; Pretrial materials (Designation of Experts) due on 2/8/99; Summary Judgment Deadline 6/9/99 and Deadline for rule 26(a)(3) disclosures is 7/12/99. ( signed by MLR) Copies to counsel: 12/10/98 Page(s): 3 (plh) (Entered: 12/10/1998)

Dec. 10, 1998

Dec. 10, 1998

15

ANSWER by Conagra Inc to [5-1] intervenor complaint (7) (jeh) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

16

MOTION by intervenor-defendant Conagra Inc to dismiss invervenor's state law claims (4) (jeh) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

17

MEMORANDUM by Conagra Inc in support of [16-1] motion to dismiss invervenor's state law claims (10) (jeh) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

18

ORDER granting [14-1] motion for extension of time Response to motion reset to 1/27/99 for [16-1] motion to dismiss invervenor's state law claims, reset to 1/27/99 for [11-1] motion to dismiss ( signed by MLR) Copies to counsel: 12/22/98 Page(s) 2 (jeh) (Entered: 12/22/1998)

Dec. 22, 1998

Dec. 22, 1998

19

UNOPPOSED MOTION by Mary nmi Trevino to extend time to file its answer to intervenor's original complaint (3) (plh) (Entered: 01/08/1999)

Jan. 8, 1999

Jan. 8, 1999

20

ORDER granting [19-1] motion to extend time to file its answer to intervenor's original complaint Court extends Intervenor's time for dft motion to dimiss to 1/25/99 ( signed by MLR) Copies to counsel: 1/14/99 Page(s) 1 (djs) (Entered: 01/14/1999)

Jan. 14, 1999

Jan. 14, 1999

21

FIRST AMENDED COMPLAINT by Mary nmi Trevino , amending [5- 1] intervenor complaint and request for jury trial (8) (plh) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

21

DEMAND for jury trial by Mary nmi Trevino (plh) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

22

RESPONSE by Mary nmi Trevino to [16-1] motion to dismiss invervenor's state law claims (3) (plh) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

23

BRIEF by Mary nmi Trevino in support of [22-1] motion responseo motionto dismiss intervenor's state law claims (8) (plh) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

24

RESPONSE by Mary nmi Trevino to [11-1] motion to dismiss (2) (plh) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

25

RESPONSE by EEOC to [11-1] motion to dismiss (28) (plh) (Entered: 01/27/1999)

Jan. 27, 1999

Jan. 27, 1999

26

U N F I L E D PER ORDER DATED 2/26/99 UNOPPOSED MOTION FOR LEAVE TO APPEAR by Conagra Inc by Jean E Connolly to appear pro hac vice (5) (plh) Modified on 03/30/1999 (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

27

NOTICE of SERVICE by Conagra Inc (2) (plh) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

28

UNOPPOSED MOTION FOR LEAVE by Conagra Inc for Roger J Miller to appear pro hac vice (5) (plh) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

30

UNOPPOSED MOTION FOR LEAVE by Conagra Inc for A Stevenson Bogue to appear pro hac vice (5) (plh) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

31

NOTICE of SERVICE by Conagra Inc (2) (plh) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

32

ORDER denying [16-1] motion to dismiss invervenor's state law claims, denying [11-1] motion to dismiss ( signed by MLR) Copies to counsel: 2/2/99 Page(s) 1 (plh) (Entered: 02/02/1999)

Feb. 2, 1999

Feb. 2, 1999

33

Expert Witness List by EEOC (4) (plh) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

34

Designation of Expert Witnesses by Mary nmi Trevino (2) (plh) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

35

UNOPPOSED MOTION by Conagra Inc for A. Stevenson Bogue to appear as attorney pro hac vice (5) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

36

NOTICE of SERVICE by Conagra Inc (2) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

37

UNOPPOSED MOTION by Conagra Inc for Roger J Miller to appear as attorney pro hac vice (5) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

38

NOTICE of SERVICE by Conagra Inc (2) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

39

UNOPPOSED MOTION by Conagra Inc for Christopher M Bikus to appear as attorney pro hac vice (5) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

40

NOTICE of SERVICE by Conagra Inc (2) (plh) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

41

ORDER granting [35-1] motion for A. Stevenson Bogue to appear as attorney pro hac vice, granting [30-1] motion for A Stevenson Bogue to appear pro hac vice ( signed by MLR) Copies to counsel: 2/25/99 Page(s) 1 (plh) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

42

ORDER granting [37-1] motion for Roger J Miller to appear as attorney pro hac vice, granting [28-1] motion for Roger J Miller to appear pro hac vice ( signed by MLR) Copies to counsel: 2/25/99 Page(s) 1 (plh) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

43

ORDER granting [39-1] motion for Christopher M Bikus to appear as attorney pro hac vice ( signed by MLR) Copies to counsel: 2/25/99 Page (s) 1 (plh) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

44

UNOPPOSED MOTION by Conagra Inc to extend time (3) (plh) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

45

UNOPPOSED MOTION by Conagra Inc to extend time to file designation of experts (3) (plh) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

46

ORDER unfiling [26-1] motion by Jean E Connolly to appear pro hac vice by Conagra Inc due to the following deficiency: No bar number for attorney given. Copies to counsel: 3/1/99 (signed by Judge Mary Lou Robinson ) Page(s) 1 (plh) (Entered: 03/01/1999)

Feb. 26, 1999

Feb. 26, 1999

48

ORDER granting [45-1] motion to extend time to file designation of experts resetting scheduling order deadlines: Pretrial materials (Designation of Experts) due 3/22/99 ( signed by MLR) Copies to counsel: 3/4/99 Page(s) 1 (plh) (Entered: 03/04/1999)

March 3, 1999

March 3, 1999

49

UNOPPOSED MOTION by EEOC for extension of time to disclose its expert witness reports (4) (plh) (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

50

UNOPPOSED MOTION by Mary nmi Trevino for extension of time to provide Rule 26(a)(2) disclosures (3) (plh) (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

51

ORDER SETTING RULE 26(a)(2) DISCLOSURE DEADLINE FOR ALL PARTIES granting [50-1] motion for extension of time to provide Rule 26(a)(2) disclosures, granting [49-1] motion for extension of time to disclose its expert witness reports. The Court hereby extends Intervenor's and the EEOC's time to provide Rule 26(a)(2) disclosures to Thursday, April 22, 1999. No further extensions will be granted. ( signed by MLR) Copies to counsel: 3/11/99 Page(s) 1 (plh) Modified on 03/11/1999 (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

52

JOINT REPORT ON SETTLEMENT STATUS by EEOC, Conagra Inc, Mary nmi Trevino (4) (plh) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

53

ORDER referring case to ADR; Type of ADR: non-binding mediation Requested by: court (Signed by MLR) Copies to counsel: 3/16/99 w/ADR form Page(s): 3 (djs) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

54

Designation of Expert (Expert Witness List) by Conagra Inc (5) (plh) (Entered: 03/22/1999)

March 22, 1999

March 22, 1999

55

STATUS REPORT (Joint Agreement to Mediate) by EEOC, Conagra Inc - John Simpson, Mediator - Mediation set for 4/20/99 (2) (plh) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

56

UNOPPOSED MOTION by EEOC for leave of court to file Revised Expert Witness List (7) (plh) (Entered: 04/29/1999)

April 29, 1999

April 29, 1999

57

ORDER granting [56-1] unopposed motion for leave of court to file Revised Expert Witness List ( signed by MLR) Copies to counsel: 5/10/99 Page(s) 2 (plh) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

AUGUST PRETRIAL NOTICE & ORDER Deadline updated; setting pretrial order due for 8/3/99 , setting docket call for 9:30 8/16/99 , and setting Jury trial for 9:00 8/17/99 (plh) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

58

JOINT REPORT ON SETTLEMENT STATUS by EEOC, Conagra Inc (4) (plh) (Entered: 07/23/1999)

July 23, 1999

July 23, 1999

59

ORDER TO FILE STATEMENT OF STIPULATED FACTS AND AGREED STIPULATION ON EXHIBITS - Parties to this action are to confer and file, on or before 8/13/99 a complete narrative of stipulated facts. Parties are also to confer and and stipulate as to the authenticity and admissibility of all exhibits and file this stipulation by the same date. ( signed by MLR) Copies to counsel: 7/30/99 Page(s) 1 (plh) (Entered: 07/30/1999)

July 30, 1999

July 30, 1999

60

MOTION with memorandum in support by EEOC to amend [1-1] complaint (6) (uls) (Entered: 08/23/1999)

Aug. 20, 1999

Aug. 20, 1999

61

MOTION with memorandum in support by Mary nmi Trevino to file Second Amended Complaint amending [21-1] amended complaint (5) (uls) (Entered: 08/23/1999)

Aug. 20, 1999

Aug. 20, 1999

62

ORDER granting [60-1] motion to amend [1-1] complaint and granting [61-1] motion to file Second Amended Complaint amending [21-1] amended complaint ( signed by MLR) Copies to counsel: 8/30/99 Page(s) 1 (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

63

AMENDED COMPLAINT by EEOC , amending [1-1] complaint against Monfort, Inc (5) (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

64

AMENDED COMPLAINT by Mary nmi Trevino , amending [21-1] amended complaint against Monfort, Inc (7) (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

65

CONSENT DECREE - SEE ORDER - Monfort shall pay gross sum of $900,000.00 of which Mary Trevino will receive $450,000.00. The remaining $450,000.00 ("Claim Fund") will be distributed among all eligible claimants as described herein. Monfort will prepare and tender award checks in accordance w/provisions hereafter noted. Within 21 days after entry of Consent Decree, Monfort shall issue a check in the amount of $450,000.00, made payable to Mary Trevino and her attorney. Eligible Claimants shall be those women who were employed by Monfort at its Cactus, Texas facility between 3/17/95 and the date of entry of Consent Decree who submit credible evidence that subsequent to 3/17/95 they were (a) subjected to hostile work environment because of their sex; (b) subjected to sexual harassment or sex-based harassment; and/or (c) retaliated against because they opposed sexual harassment or participated in any proceeding relating to a complaint of sexual harassment, sex-based harassment or retaliation...SEE ORDER ( signed by MLR) Copies to counsel: 8/30/99 Page(s): 34 (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

66

STIPULATION of dismissal (2) (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

67

ORDER granting [66-1] Intervenor and Defendant's Stipulation of Dismissal. All claims of Intervenor Mary Trevino are hereby dismissed ( signed by MLR) Copies to counsel: 8/30/99 Page(s) 2 (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

Case closed (uls) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

68

MOTION by EEOC to appoint special master (33) (plh) (Entered: 05/12/2000)

May 12, 2000

May 12, 2000

69

ORDER granting [68-1] motion to appoint special master. Ordered that John Simpson be appointed to serve as the Special Master to assist in the implementation and enforcement of the Consent Decree entered in the above styled case regarding the distribution of the settlement funds to the Eligible Claimants. ( signed by MLR) Copies to counsel: 6/16/00 Page(s) 1 (plh) (Entered: 06/16/2000)

June 16, 2000

June 16, 2000

70

REPORT OF SPECIAL MASTER (7) (plh) (Entered: 07/19/2000)

July 19, 2000

July 19, 2000

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1998

Closing Date: Aug. 30, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montfort, Inc., Private Entity/Person

Conagra, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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

Available 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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 900000

Order Duration: 1999 - 2001

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit