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Case: EEOC v. VENTURA FOODS LLC

0:05-cv-00663 | U.S. District Court for the District of Minnesota

Filed Date: March 31, 2005

Closed Date: Sept. 1, 2008

Clearinghouse coding complete

Case Summary

In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleges the defendant instituted and maintained a policy contained in its Severance Agreement and General Release requiring termi…

In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleges the defendant instituted and maintained a policy contained in its Severance Agreement and General Release requiring terminated employees to waive their rights to file discrimination charges with the EEOC in exchange for severance payment, which is retaliatory under Title VII and the ADEA. After some discovery and filing of summary judgment motions by both parties, the parties settled in September 2006 through a consent decree.

The two-year decree, containing a non-retaliation clause, requires the defendant to: no longer contractually require employees or former employees to agree not file charges with the EEOC, pay employees who refused to sign the agreement the enhanced severance amount, inform former employees of the severance of the contract clause, waive the limitations period for filing discrimination charges with the EEOC, and permit monitoring by the EEOC. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Daisy Manning (9/28/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

0:05-cv-00663

Docket (PACER)

EEOC v. Ventura Foods LLC

Sept. 1, 2006

Sept. 1, 2006

Docket
1

0:05-cv-00663

Complaint

EEOC v. Ventura Foods LLC

March 31, 2005

March 31, 2005

Complaint
52

0:05-cv-00663

Consent Decree

EEOC v. Ventura Foods LLC

Sept. 1, 2006

Sept. 1, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4713517/equal-employment-opportunity-commission-v-ventura-foods-llc/

Last updated Nov. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ventura Foods, LLC, filed by Equal Employment Opportunity Commission. Assigned to Judge Richard H Kyle and referred to Magistrate Judge Janie S Mayeron per Individual Civil Rights list. 4:05ad225. (Attachments: # 1 Civil Cover Sheet).(LJD) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

Summons Issued as to Ventura Foods, LLC. (LJD) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

2

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Ventura Foods, LLC served on 4/1/2005, answer due 4/21/2005. (LJD) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

3

ANSWER to Complaint by Ventura Foods, LLC. (Attachments: # 1 Exhibit A)(McGarry, Daniel) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

4

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 3 Answer(McGarry, Daniel) Modified links on 9/19/2005 (LJD). (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

5

NOTICE of PRETRIAL CONFERENCE: Pretrial Conference set for 12/5/2005 01:45 PM before Magistrate Judge Janie S Mayeron. (LPH) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

6

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission and Ventura Foods. (Attachments: # 1 Certificate of Service)(Burnside, Tina) Added Filer on 11/25/2005 (JME). (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

7

NOTICE of Appearance by Amy C Taber on behalf of Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

8

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 7 Notice of Appearance Association of Counsel for Defendant Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

9

PRETRIAL SCHEDULING ORDER: Discovery due by 5/1/2006. Motions (non-disp) due 7/1/2006. Motions (disp) due by 8/1/2006. Ready for trial due by 11/1/2006. Signed by Magistrate Judge Janie S Mayeron on 12/8/05. (JME) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

10

DOCUMENT FILED IN ERROR - REPLACED BY DOC. #11. MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) Modified on 12/13/2005 (MMC). Modified on 1/6/2006 (MMC). (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

11

AMENDED MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC - Replaces Doc. #10. (Attachments: # 1 Affidavit of Service)(Taber, Amy) Modified on 1/6/2006 (MMC). (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

TEXT ONLY ENTRY - ORDER granting 11 Motion for Admission Pro Hac Vice of Attorney Thomas Godar for Ventura Foods, LLC. Fee paid; receipt number 147989. Approved by Clerk Richard D Sletten on 1/4/06. (MMC) (Entered: 01/06/2006)

Jan. 4, 2006

Jan. 4, 2006

12

NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Ventura Foods, LLC (Taber, Amy) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

13

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 12 Notice of Attorney Appearance/Substitution (Taber, Amy) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

14

STIPULATION for Protective Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Burnside, Tina) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

15

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 14 Stipulation for Protective Order (Burnside, Tina) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

16

ORDER FOR Settlement Conference set for 4/13/2006 at 10:30 AM before Magistrate Judge Janie S Mayeron in Room 710 in St. Paul. Signed by Magistrate Judge Janie S Mayeron on 3/9/06. (JME) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

17

PROTECTIVE ORDER. Signed by Magistrate Judge Janie S Mayeron on 3/16/06. (JMH) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

18

ORDER that the early settlement conference scheduled on 4/13/06 is canceled. Signed by Magistrate Judge Janie S Mayeron on 4/11/06. (JME) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

19

NOTICE by Equal Employment Opportunity Commission of Withdrawal and Substitution of Counsel (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

20

STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

21

ORDER denying 20 Stipulation seeking modification of the Pretrial Scheduling Order filed by Equal Employment Opportunity Commission, Ventura Foods, LLC. Signed by Magistrate Judge Janie S Mayeron on 6/7/06. (JME) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

22

STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1)(Taber, Amy) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

23

AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 7/15/2006. Motions (non-disp) due 8/1/2006. Motions (disp) due by 9/1/2006. Signed by Magistrate Judge Janie S Mayeron on 6/15/06. (JME) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

25

MOTION for Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

26

NOTICE OF HEARING ON MOTION 25 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Taber, Amy) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

27

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 26 Notice of Hearing on Motion, 25 MOTION for Summary Judgment (Taber, Amy) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

28

MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Taber, Amy) Modified on 7/17/2006 (gjs). (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

29

AFFIDAVIT of Daniel J. McCarrel in SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1 - Severance Pay Policy# 3 Exhibit(s) 2 - Severance Agreement and General Release# 4 Exhibit(s) 3 - Charge of Discrimination dated 10/30/03# 5 Exhibit(s) 4 - EEOC Determination dated 9/30/04)(Taber, Amy) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

30

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

31

NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Vasichek, Laurie) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

32

MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Enforcement Guidance# 2 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

33

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 28 Memorandum in Support of Motion for Summary Judgment (Taber, Amy) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

34

Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5# 6 Exhibit(s) 6)(Vasichek, Laurie) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

35

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 30 MOTION for Summary Judgment, 34 Declaration in Support,, 32 Memorandum in Support of Motion, 31 Notice of Hearing on Motion (Vasichek, Laurie) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

36

MEMORANDUM in Opposition re 25Defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Word Count Compliance Certificate)(Vasichek, Laurie) Modified link and description of attachments on 8/8/2006 (gjs). Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

37

CERTIFICATE OF SERVICE RE: 36 Memorandum in Opposition 38 Declaration by Laurie A Vasichek on behalf of Equal Employment Opportunity Commission. (Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

38

DECLARATION OF LAURIE A. VASICHEK by Equal Employment Opportunity Commission re: 36 Memorandum In Opposition . (Attachments: # 1Exh. #1 # 2Exh. #2 # 3Exh. #3 # 4 Exh. #4 # 5 Exh. #5 # 6 Exh. #6# 7Exh. #7)(Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

39

RESPONSE in Opposition re 30 MOTION for Summary Judgment by EEOC filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

40

AFFIDAVIT OF THOMAS A. GODAR in Support re 39 Response in Opposition to Motion for Summary Judgment . (Taber, Amy) Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

41

EXHIBIT re 40 Affidavit in Support of Response in Opposition to Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

42

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 39 Response in Opposition to Motion filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

43

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 41 Exhibit, 42 LR7.1 Word Count Compliance Certificate, 39 Response in Opposition to Motion, 40 Affidavit in Support of Response in Opposition to Summary Judgment (Taber, Amy) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

44

REPLY MEMORANDUM IN SUPPORT OF 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix EEOC v. Lockheed Martin Corp.# 2 Appendix Federal Register# 3 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) Modified text on 8/17/2006 (KT). (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

45

Supplemental Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) No. 7)(Vasichek, Laurie) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

46

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 45 Declaration in Support, 44 Reply re Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

47

REPLY BRIEF IN SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Taber, Amy) Modified text and link on 8/17/2006 (KT). (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

48

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 47 Reply filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

50

NOTICE OF HEARING TIME ON MOTIONS FOR SUMMARY JUDGMENT - 8:00 MONDAY, AUGUST 28, 2006 IN COURTROOM #1 BEFORE JUDGE KYLE. (ds) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

51

ORDER DISMISSING CASE. Signed by Judge Richard H Kyle on 8/30/06. (ds) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

52

CONSENT DECREE. (Written Opinion). Signed by Judge Richard H. Kyle on 09/01/06. (rhks) Modified on 9/1/2006 (JME).

Sept. 1, 2006

Sept. 1, 2006

RECAP

Case Details

State / Territory: Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2005

Closing Date: Sept. 1, 2008

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

Ventura Foods, LLC (Albert Lea, Minnesota), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Equal Pay Act, 29 U.S.C. § 206(d)

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

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

Order Duration: 2006 - 2008

Content of Injunction:

Retaliation Prohibition

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits