Case: EEOC v. Republic SVCS of Southern Nevada

2:04-cv-01352 | U.S. District Court for the District of Nevada

Filed Date: Sept. 30, 2004

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On September 30, 2004, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Republic Services, Inc. and Republic Silver State Disposal, Inc. in the U.S. District Court for the District of Nevada. The complaint alleged that the defendants discharged and/or did not allow employees over the age of 40 to transfer locations because of their age in violation of the Age Discrimination in Employment Act (ADEA). The EEOC sought injunctive and monetary relief. The case was assi…

On September 30, 2004, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Republic Services, Inc. and Republic Silver State Disposal, Inc. in the U.S. District Court for the District of Nevada. The complaint alleged that the defendants discharged and/or did not allow employees over the age of 40 to transfer locations because of their age in violation of the Age Discrimination in Employment Act (ADEA). The EEOC sought injunctive and monetary relief. The case was assigned to Judge David A. Ezra.

The defendants moved for summary judgment on May 24, 2006, which was denied. The court consolidated this case with a private party suit, 2:04-cv-01479 (D.C. Nev. October 27, 2004) in October 2006. In that case, two individual plaintiffs brought ADEA claims against the defendants and sought monetary relief as well as attorneys’ fees and costs.

On September 10, 2007, the defendants again moved for summary judgment. Then, on May 13, 2008, the defendants moved for sanctions against the EEOC, reasoning that the EEOC was advocating meritless claims because they had no evidence backing its advocacy. The court denied the sanction and request for summary judgment on June 3, 2008.

About a month later, the defendant moved yet again for summary judgment. This request was granted in part and denied in part on February 17, 2009. The court granted summary judgment for the defendant as to certain individual disparate treatment claims and the EEOC’s pattern and practice claims. On May 21, 2009, the court ordered the EEOC to pay $4,026 for the defendants’ attorney fees and costs.

After four settlement conferences, the parties reached a settlement agreement. Eventually the parties drafted a consent decree, which the court approved on September 21, 2010. The court retained jurisdiction for three years to ensure that the parties complied with the terms of the consent decree. This decree pertained to monetary and injunctive relief. For the monetary relief, the defendants agreed to pay $2,975,000 to the plaintiffs.

For the injunctive relief, the parties agreed to a series of terms. The parties agreed that the defendant would not engage in age discrimination or retaliation. The parties agreed that the defendants would be monitored by an Equal Employment Opportunity compliance officer. This officer would monitor that the defendant was complying with the ADEA and with terms in this decree. More specifically, the officer was required to monitor the defendants’ audits for age discrimination, review individual employment decisions made by the defendant, reform procedures and practices to track information on hiring, involuntary termination, transfers, and promotion, and ensure that complaints of age discrimination were thoroughly investigated. Moreover, the defendants agreed to post notices of the terms of this consent decree to be visible to their employees at the workplace. Defendants agreed to provide anti-age discrimination training to their supervisors, managers, and human resources managers. The defendant had to develop procedures that would allow for tracking of hiring, promotion, transfer, involuntary termination decisions, and complaints of age discrimination made to management. In addition, the defendant was required to report regularly to the Equal Employment Opportunity compliance officer.

The court’s jurisdiction to ensure compliance with the consent decree ended in 2013, and the case’s docket shows no further activity. This case is presumably closed.

Summary Authors

Justin Kanter (8/6/2008)

Sean Whetstone (7/5/2018)

Related Cases

Robert LaRocca, et al., VS Republic Services, District of Nevada (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6033418/parties/us-equal-employment-opportunity-commission-v-republic-services-inc/


Judge(s)

Ezra, David Alan (Hawaii)

Foley, George W. Jr. (Nevada)

Leavitt, Lawrence R. (Nevada)

Attorneys(s) for Plaintiff

Lepak, Thomas S. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Noh, Sue J. (California)

Nutter, Karen E. (Arizona)

Olifant, Scott B. (Nevada)

Park, Anna Y. (California)

Judge(s)

Ezra, David Alan (Hawaii)

Foley, George W. Jr. (Nevada)

Leavitt, Lawrence R. (Nevada)

Attorneys(s) for Plaintiff

Lepak, Thomas S. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Noh, Sue J. (California)

Nutter, Karen E. (Arizona)

Olifant, Scott B. (Nevada)

Park, Anna Y. (California)

Attorneys(s) for Defendant

Grandgenett, Roger L (Nevada)

Hicks, Patrick H. (Nevada)

Laflin, Matthew G. (Nevada)

Shelton, Wesley C (Nevada)

Young, Bruce C. (Nevada)

Other Attorney(s)

Beasley, Matthew (Nevada)

Documents in the Clearinghouse

Document

2:04-cv-01352

Docket [PACER]

U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.

Feb. 24, 2011

Feb. 24, 2011

Docket
1

2:04-cv-01352

Complaint

EEOC v. Republic Svcs.

Sept. 29, 2004

Sept. 29, 2004

Complaint
2

2:04-cv-01352

Amended Complaint

EEOC v. Republic Svcs.

Nov. 19, 2004

Nov. 19, 2004

Complaint
114

2:04-cv-01352

Order

U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.

2007 WL 465446

Feb. 8, 2007

Feb. 8, 2007

Order/Opinion
154

2:04-cv-01352

Order

EEOC v. Republic Svcs.

Sept. 13, 2007

Sept. 13, 2007

Order/Opinion
253

2:04-cv-01352

Order

U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.

640 F.Supp.2d 1267

Feb. 17, 2009

Feb. 17, 2009

Order/Opinion
320

2:04-cv-01352

Consent Decree

U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.

Sept. 21, 2010

Sept. 21, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6033418/us-equal-employment-opportunity-commission-v-republic-services-inc/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT by Plf w/jy dmd. (Entered: 10/07/2004)

Sept. 30, 2004

Sept. 30, 2004

114

ORDER GRANTING 94 Motion to Compel. EEOC will answer Interrogatory No. 21 by 2/16/07. EEOC to pay Republic Silver State Disposal, Inc. $150 for incurred Motion fees. Signed by Judge Lawrence R. Leavitt on 2/5/07. (AXM)

Feb. 8, 2007

Feb. 8, 2007

RECAP
312

ORDER that the deadline for the EEOC and Defendants to file the final proposed consent decree is extended to 8/25/2010. Signed by Magistrate Judge Lawrence R. Leavitt on 7/12/10. (Copies have been distributed pursuant to the NEF - ECS)

July 12, 2010

July 12, 2010

RECAP

SUMMONS ISSUED (1) as to Dft. (Entered: 10/07/2004)

Sept. 30, 2004

Sept. 30, 2004

314

ORDER that the deadline for the EEOC and Defendants to file the final proposed consent decree is extended to 9/9/10. Signed by Magistrate Judge Lawrence R. Leavitt on 8/26/10. (Copies have been distributed pursuant to the NEF - ECS)

Aug. 26, 2010

Aug. 26, 2010

RECAP
2

AMENDED COMPLAINT by Plf w/jy dmd. (Entered: 11/30/2004)

Nov. 22, 2004

Nov. 22, 2004

3

SUMMONS RETURNED EXECUTED upon Dft Republic Svcs on 11/22/04. (Entered: 12/21/2004)

Dec. 13, 2004

Dec. 13, 2004

316

ORDER that the deadline for the EEOC and Defendants to file the final proposed consent decree is extended from September 9, 2010 to September 16, 2010. Signed by Magistrate Judge Lawrence R. Leavitt on 9/10/10. (Copies have been distributed pursuant to the NEF - ECS)

Sept. 10, 2010

Sept. 10, 2010

RECAP
4

ANSWER TO COMPLAINT by Dft Republic Silver State. (s) (Entered: 12/21/2004)

Dec. 13, 2004

Dec. 13, 2004

318

ORDER that the deadline for the EEOC and Defendants to file the final proposed consent decree is extended from September 16, 2010 to September 21, 2010. Signed by Magistrate Judge Lawrence R. Leavitt on 9/17/10. (Copies have been distributed pursuant to the NEF - ECS)

Sept. 17, 2010

Sept. 17, 2010

RECAP
5

CERTIFICATE OF INTERESTED PARTIES by Dft Republic Silver State. (s) (Entered: 12/21/2004)

Dec. 17, 2004

Dec. 17, 2004

MISCELLANEOUS DOCUMENT Disc plan/sched order. (LRL) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

6

ORDER ON STIPULATION Disc cut-off 12/30/05; interim status report 10/31/05; dispo mtns 1/30/06; jnt pto 3/1/06. (cps dist) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

7

NOTICE (OTHER) Referral to ENE program. Mag Judge Johnston will be the evaluating Judge. (cps dist) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

8

SCHEDULING ORDER that ENE session is sched for 4/20/05 @ 8:30 am. (cps dist) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

9

ANSWER TO COMPLAINT Answr to amnd'd cmplt obo Ds. (m) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

10

ORDER ORD: The ptys met for an ENE session, however no sttlmnt was reached. cps dis (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

11

MOTION TO COMPEL by Dfts. (s)DISPO: reply #12 (Entered: 09/06/2005)

Aug. 30, 2005

Aug. 30, 2005

12

REPLY TO RESPONSE TO MOTION by Dft to mtn to compel (#11). (s) (Entered: 09/27/2005)

Sept. 23, 2005

Sept. 23, 2005

13

ORDER that Dft's mtn to compel (#11) is granted. Plfs have until 10/31/05 to pay Dft $500 for fees/costs. (cps dist) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

14 ORDER that Dft's mtn to compel (#11) is granted. Pltfs resp to Dfts disc due nlt 10/14/05. Plfs have until 10/31/05 to pay Dft $500 for fees/costs. (cps dist) (Entered: 10/11/2005)

15 STATUS REPORT by Dfts. (s) (Entered: 11/02/2005)

18 INTERIM STATUS REPORT by Plaintiff U.S. Equal Employment Opportunity Commission. (MJZ ) (Entered: 12/02/2005)

16 STIPULATION to extend discovery by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc., Plaintiff U.S. Equal Employment Opportunity Commission. (GEW) (Entered: 11/17/2005)

17 ORDER ON STIPULATION re 16 Stipulation. IT IS HEREBY ORDERED the Stipulation To Extend Discovery Cutoff is approved. Discovery and other deadlines as described in the stipulation shall be extended for ninety (90) days. Signed by Judge Lawrence R. Leavitt on 11/29/05. (KXG, ) (Entered: 11/29/2005)

Set/Reset Deadlines: Discovery due by 3/31/2006. Motions due by 5/1/2006. Proposed Joint Pretrial Order due by 5/31/2006. (KXG, ) (Entered: 11/30/2005)

19 STATUS REPORT Interim by Plaintiff U.S. Equal Employment Opportunity Commission. (Viramontes, Victor) (Entered: 02/08/2006)

20 STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE [Second Request] by Plaintiffs Robert LaRocca, William Lacy, U.S. Equal Employment Opportunity Commission, Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Young, Bruce) (Entered: 03/09/2006)

21 ORDER ON STIPULATION re 20 Stipulation,. Discovery due by 6/28/2006. Joint Interim Status Report due by 5/1/2006. Motions due by 7/28/2006. Signed by Judge Lawrence R. Leavitt on 3/14/06. (MAJ) (Entered: 03/15/2006)

22 NOTICE of Trial Setting: Jury Trial set for 12/5/2006 at 09:00 AM in LV Courtroom 4B before Judge Howard D. McKibben. Proposed Joint Pretrial Order due by 9/15/2006. This action is referred to the Honorable Lawrence R. Leavitt, U. S. Magistrate Judge, to conduct a Settlement Conference. (no image attached) (BS, ) (Entered: 03/30/2006)

23 ORDER Scheduling a Settlement Conference. Settlement Conference set for 6/21/2006 09:30 AM before Magistrate Judge Lawrence R. Leavitt. Signed by Judge Lawrence R. Leavitt on 3/31/06. (MJZ) (Entered: 03/31/2006)

24 First MOTION to Continue Discovery Deadline by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 5/6/2006. (Noh, Sue) (Entered: 04/18/2006)

25 STATUS REPORT Interim Status Report # 4 by Plaintiff U.S. Equal Employment Opportunity Commission. (Noh, Sue) (Entered: 05/01/2006)

26 STATUS REPORT by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Young, Bruce) (Entered: 05/01/2006)

27 ERRATA to 24 First MOTION to Continue Discovery Deadline ; Notice of Errata filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Noh, Sue) (Entered: 05/03/2006)

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?112613799656245-L_1_1-1 5/36 28 MOTION to Compel Discovery Responses and Request for Sanctions by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 5/22/2006. (Attachments: # 1 Exhibit Ex. 1 - Meet & Confer Correspondence# 2 Exhibit Ex. 2 - Termination Chart# 3 Exhibit Ex. 3 - Hines Deposition# 4 Exhibit Ex. 4 - Benford Ex. 9 Part 1# 10 Exhibit Ex. 9 Part 2# 11 Exhibit Ex. 9 Part 3# 12 Exhibit Ex. 10# 13 Exhibit Ex. 11# 14 Exhibit Ex. 12# 15 Exhibit Ex. 13# 16 Exhibit Ex. 14# 17 Exhibit Ex. 15# 18 Exhibit Ex. 16# 19 Exhibit Ex. 17# 20 Exhibit Ex. 18# 21 Exhibit Ex. 19# 22 Exhibit Ex. 20)(Noh, Sue) (Entered: 05/04/2006)

29

NON-OPPOSITION to 24 First MOTION to Continue Discovery Deadline ; filed by Plaintiff Robert LaRocca. and Wm. Lacy (Olifant, Scott) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

30

NOTICE by Plaintiff U.S. Equal Employment Opportunity Commission re 28 MOTION to Compel Discovery Responses and Request for Sanctions . Proof of Service Via CM/ECF (Noh, Sue) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

31

SCHEDULING ORDER. Discovery due by 9/26/2006. Motions due by 10/25/2006. Proposed Joint Pretrial Order due by 11/28/2006. Experts due by 7/28/06. Rebuttal Experts due by 8/28/06. Status Report due by 7/28/06. Signed by Judge Lawrence R. Leavitt on 5/5/06. (AAB) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

32

RESPONSE to 24 First MOTION to Continue Discovery Deadline ; filed by Defendant Republic Silver State Disposal, Inc.. OPPOSITION TO PLAINTIFF EEOC'S MOTION TO EXTEND DISCOVERY DEADLINE (Laflin, Matthew) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

33

DECLARATION of MATTHEW G. LAFLIN re 32 Response to Motion for Extension of Time; IN SUPPORT OF DEFENDANTS' OPPOSITION TO EEOC'S MOTION TO EXTEND DISCOVERY DEADLINE [Third Request] by Defendant Republic Silver State Disposal, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Part 1 of 2# 3 Exhibit 2 - part 2 of 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)(Laflin, Matthew) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

34

REPLY to Response to 24 First MOTION to Continue Discovery Deadline ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. Declaration of Sue J. Noh (Attachments: # 1 Exhibit 1)(Noh, Sue) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

35

MINUTE ORDER IN CHAMBERS of the Honorable Lawrence R. Leavitt, U.S. Magistrate Judge on 5/12/2006. RE: 31 Scheduling Order, dated May 5, 2006 is VACATED. (no image attached) (MBS, ) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

36

RESPONSE to 28 MOTION to Compel Discovery Responses and Request for Sanctions ; filed by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. OPPOSITION TO PLAINTIFF EEOC'S MOTION TO COMPEL AND REQUEST FOR SANCTIONS Replies due by 6/5/2006. (Laflin, Matthew) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

37

DECLARATION of MATTHEW G. LAFLIN re 36 Response to Motion to Compel, ; in SUPPORT OF DEFENDANT'S OPPOSITION TO EEOC'S MOTION TO COMPEL AND REQUEST FOR SANCTIONS by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Laflin, Matthew) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

38

MOTION for Summary Judgment by Defendant Republic Services, Inc.. Responses due by 6/11/2006. (Attachments: # 1 Exhibit 1 - 3# 2 Exhibit 4-5# 3 Exhibit 6-7# 4 Declaration Declaration and exh 8# 5 Exhibit exh 9-10)(Laflin, Matthew) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

39

ERRATA to 38 MOTION for Summary Judgment; filed by Defendant Republic Services, Inc.. (Attachments: # 1 Exhibit 1 - Redacted# 2 Exhibit 2 - Redacted)(Laflin, Matthew) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

NOTICE of Docket Correction to 38 MOTION for Summary Judgment: Attachment #1 (Exhibits 1-3) placed under seal per 39 Errata. Counsel to re-file unsealed exhibit 3. (no image attached) (AF) (Entered: 05/25/2006) 40 ERRATA to 38 MOTION for Summary Judgment; SECOND ERRATA AS TO EXHIBIT 3 ONLY filed by Defendant Republic Services, Inc.. (Laflin, Matthew) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

41 ERRATA to 28 MOTION to Compel Discovery Responses and Request for Sanctions ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1) (Noh, Sue) (Entered: 05/30/2006)

42 ORDER re 24 First MOTION to Continue Discovery Deadline filed by U.S. Equal Employment Opportunity Commission. SCHEDULING ORDER. Discovery due by 9/26/2006. Motions due by 10/25/2006. Proposed Joint Pretrial Order due by 11/28/2006. Signed by Judge Lawrence R. Leavitt on 5/30/06. (AXM) (Entered: 05/31/2006)

43 ERROR: Wrong event selected. Redocketed by Court. Modified on 6/5/2006 (GEW). (Entered: 06/02/2006)

NOTICE of Docket Correction to 43 Notice (Other): Wrong event selected. Redocketed by Court. Email sent to attorney. (no image attached) (GEW) (Entered: 06/05/2006)

44 STIPULATION re briefing schedulre for defendants' motion for Summary Judgment by Plaintiff U.S. Equal Employment Opportunity Commission. (GEW) (Entered: 06/05/2006)

45 ORDER ON STIPULATION re 44 Stipulation for Extension of Time. Responses due by 7/31/2006. Signed by Judge Howard D. McKibben on 6/5/06. (AAB) (Entered: 06/05/2006)

46 REPLY to Response to 28 MOTION to Compel Discovery Responses and Request for Sanctions ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 22# 2 Exhibit 23# 3 Exhibit 24)(Noh, Sue) (Entered: 06/05/2006)

47 STIPULATION AND ORDER RESCHEDULING SETTLEMENT CONFERENCE by Plaintiffs Robert LaRocca, William Lacy, U.S. Equal Employment Opportunity Commission, Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Laflin, Matthew) (Entered: 06/13/2006)

48 ORDER ON STIPULATION re 47 Stipulation Rescheduling Settlement Conference. Settlement Conference set for 10/25/2006 09:30 AM before Magistrate Judge Lawrence R. Leavitt. Signed by Judge Lawrence R. Leavitt on 6/15/06. (MJZ) (Entered: 06/16/2006)

49 Submission of PROPOSED ORDER filed by Plaintiff Robert LaRocca. Stipulation of Counsel re: expert designation date (Olifant, Scott) (Entered: 07/12/2006)

50 STIPULATION re 38 MOTION for Summary Judgment; SECOND STIPULUATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Plaintiff U.S. Equal Employment Opportunity Commission. (Noh, Sue) (Entered: 07/18/2006)

51 ORDER for time to file expert disclosure. Signed by Judge Lawrence R. Leavitt on 7/18/06. (AXM) (Entered: 07/18/2006)

52 ORDER ON STIPULATION re 50 Stipulation for time. Responses due by 8/31/2006. Signed by Judge Howard D. McKibben on 7/19/06. (AXM) (Entered: 07/20/2006)

53 STATUS REPORT DEFENDANT'S INTERIM STATUS REPORT [FOURTH] by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Young, Bruce) (Entered: 07/25/2006)

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?112613799656245-L_1_1-1

55

EX PARTE MOTION TO COMPEL DEFENDANTS' RESPONSES TO DOCUMENT REQUEST SET 4 AND INTERROGATORY 13 AND FOR AN EXTENSION OF TIME FOR PLAINTIFFS TO DISCLOSE AN EXPERT UPON ANALYSIS OF THE COMPELLED DISCOVERY AND FOR SANCTIONS; DECLARATION OF SUE J. NOH; AND EXHIBITS by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - 10)(Noh, Sue) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

56

MINUTE ORDER IN CHAMBERS of the Honorable Lawrence R. Leavitt, U.S. Magistrate Judge on 8/4/2006. RE: 55 EX PARTE MOTION TO COMPEL DEFENDANTS' RESPONSES TO DOCUMENT REQUEST SET 4 AND INTERROGATORY 13 AND FOR AN EXTENSION OF TIME FOR PLAINTIFFS TO DISCLOSE AN EXPERT UPON ANALYSIS OF THE COMPELLED DISCOVERY AND FOR SANCTIONS; DECLARATION OF SUE J. filed by U.S. Equal Employment Opportunity Commission, ORDERED: Responses due by 8/17/2006, Replies due by 8/25/2006 for Emergency Motion 55 . FURTHER ORDERED: Deadline for Plaintiff's disclosure of an expert is STAYED pending resolution of the Emergency Motion. FURTHER ORDERED: A Telephonic hearing on Motion to Compel and Request for Sanctions 28 and Emergency Motion 55 set for 8/31/2006 02:00 PM before Judge Lawrence R. Leavitt. (RFJ) (Entered: 08/08/2006)

Aug. 4, 2006

Aug. 4, 2006

57

RESPONSE to 55 EX PARTE MOTION TO COMPEL DEFENDANTS' RESPONSES TO DOCUMENT REQUEST SET 4 AND INTERROGATORY 13 AND FOR AN EXTENSION OF TIME FOR PLAINTIFFS TO DISCLOSE AN EXPERT UPON ANALYSIS OF THE COMPELLED DISCOVERY AND FOR SANCTIONS; DECLARATION OF SUE J.; filed by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. Replies due by 8/31/2006. (Attachments: # 1 Declaration Matthew G. Laflin, Esq.# 2 Exhibit A-J) (Laflin, Matthew) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

58

REPLY to Response to 55 EX PARTE MOTION TO COMPEL DEFENDANTS' RESPONSES TO DOCUMENT REQUEST SET 4 AND INTERROGATORY 13 AND FOR AN EXTENSION OF TIME FOR PLAINTIFFS TO DISCLOSE AN EXPERT UPON ANALYSIS OF THE COMPELLED DISCOVERY AND FOR SANCTIONS; DECLARATION OF SUE J.; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - 11)(Noh, Sue) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

59

MINUTE ORDER IN CHAMBERS of the Honorable Lawrence R. Leavitt, U.S. Magistrate Judge on 8/28/2006. PLEASE TAKE NOTICE that the hearing presently scheduled for 2:00 p.m. on Thursday, August 31, 2006 is hereby vacated and rescheduled for 10:00 A.M. on MONDAY, SEPTEMBER 18, 2006. (no image attached) (CAP, ) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

60

RESPONSE to 38 MOTION for Summary Judgment; filed by Plaintiff U.S. Equal Employment Opportunity Commission. Replies due by 9/14/2006. (Noh, Sue) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

61

DECLARATION of Angela D. Morrison re 38 MOTION for Summary Judgment; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-4# 2 Exhibit 5# 3 Exhibit 6-9# 4 Exhibit 10# 5 Exhibit 11-16# 6 Exhibit 17-18# 7 Exhibit 19-24)(Noh, Sue) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

62

RESPONSE to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. Replies due by 9/14/2006. (Attachments: # 1 Exhibit exhibit #1)(Olifant, Scott) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

64

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #3)(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

65

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. Attachments: # 1 Exhibit exhibit #4)(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 09/01/2006)

Aug. 31, 2006

Aug. 31, 2006

66

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #4 continued)(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

67

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #4 continued)(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

68

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #4 (end))(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

69

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #5)(Olifant, Scott) Modified on 9/1/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

70

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #6)(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

71

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #6 continued)(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

72

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #6 (end))(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

73

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #7)(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

74

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit7 (Continued))(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

75

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit 7 (end))(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

76

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #8)(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

77

EXHIBITS to 38 MOTION for Summary Judgment; filed by Plaintiff Robert LaRocca. (Attachments: # 1 Exhibit exhibit #* (end))(Olifant, Scott) Modified on 9/5/2006 to correct entry (GEW). (Entered: 09/01/2006) Response to Motion for Summary Judgment, 77 Response to Motion for Summary Judgment, 63 Response to Motion for Summary Judgment, 76 Response to Motion for Summary Judgment, 72 Response to Motion for Summary Judgment, 64 Response to Motion for Summary Judgment, 74 Response to Motion for Summary Judgment, 75 Response to Motion for Summary Judgment, 65 Response to Motion for Summary Judgment, 67 Response to Motion for Summary Judgment, 70 Response to Motion for Summary Judgment, 71 Response to Motion to Substitute Party, 73 Response to Motion for Summary Judgment, 66 Response to Motion for Summary Judgment: Documents were filed using the wrong event. Entries were changed to reflect the correct event. Reply dates were terminated. (no image attached) (GEW) (Entered: 09/05/2006)

Sept. 1, 2006

Sept. 1, 2006

78

MOTION to Extend Time regarding discovery/non dispositive matter Extend Discovery by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Attachments: # 1 Declaration Matthew G. Laflin, Esq.# 2 Exhibit "A" to "D")(Laflin, Matthew) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

79

MOTION for Leave to File Excess Pages to Republic Services, Inc.'s Reply in Support of its Motion for Summary Judgment by Defendant Republic Services, Inc.. (Attachments: # 1 Def's Reply in Support of its Motion for Summary Judgment# 2 Declaration of Matthew Laflin in Support of Def's Reply with Exhs A & B# 3 Exhibit C part 1 of 2# 4 Exhibit C part 2 of 2# 5 Exhibit D)(Laflin, Matthew) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

80

MINUTES OF PROCEEDINGS - Motion Hearing held on 9/18/2006 before Judge Lawrence R. Leavitt. Crtrm Administrator: Alana Kamaka ; Pla Counsel: Sue J. Noh and Angela Morrison (for U.S.EEOC) and Scott B. Olifant (for Robert LaRocca and William Lacy) ; Def Counsel: Bruce C. Young and Matthew G. Laflin ; Court Reporter/FTR #: 10:14-11:45 ; Time of Hearing: 10:00 a.m. . RE: 55 EX PARTE MOTION TO COMPEL DEFENDANTS' RESPONSES TO DOCUMENT REQUEST SET 4 AND INTERROGATORY 13 AND FOR AN EXTENSION OF TIME FOR PLAINTIFFS TO DISCLOSE AN EXPERT UPON ANALYSIS OF THE COMPELLED DISCOVERY AND FOR SANCTIONS; DECLARATION OF SUE J. NOH filed by U.S. Equal Employment Opportunity Commission. 28 MOTION to Compel Discovery Responses and Request for Sanctions filed by U.S. Equal Employment Opportunity Commission. Bruce C. Young and Matthew G. Laflin, counsel for defendant, are present via telephonic conference call. Court discusses the matter of counsel being present in court and not telephonically. Court confers with and hears representations of counsel regarding matters before the Court. COURT TAKES THE MATTER UNDER ADVISEMENT AND WILL ISSUE A SEPARATE WRITTEN ORDER. (no image attached) (AKK ) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

81

NOTICE by Plaintiff U.S. Equal Employment Opportunity Commission re 80 Motion Hearing,,,,. Request for Judicial Notice Regarding September 18, 2006 Hearing on EEOC's Motions to Compel (Docket Nos. 28, 55 & 80) (Attachments: # 1 Exhibit 1)(Noh, Sue) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

82

RESPONSE to 78 MOTION to Extend Time regarding discovery/non dispositive matter Extend Discovery ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Noh, Sue) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

83

RESPONSE to 78 MOTION to Extend Time regarding discovery/non dispositive matter Extend Discovery ; filed by Plaintiff William Lacy. (and R. LaRocca incl. Declaration of Scott Olifant (Olifant, Scott) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

84

ORDER granting 79 Motion for Leave to File Excess Pages. Signed by Judge Howard D. McKibben on 9/20/06. (AXM) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

85

REPLY to Response to 38 MOTION for Summary Judgment; filed by Defendants Republic Services, Inc., Republic Silver State Disposal, Inc.. (Attachments: # 1 # 2 # 3 # 4)(AXM) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

86

ORDER OF RECUSAL. This action is referred to Chief Judge Philip M. Pro for reassignment. Signed by Judge Robert J. Johnston on 9/26/2006. (MXS ) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

87

MOTION to Strike 85 Reply to Response to Motion for Summary Judgment Exhibits B & C Only by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 10/14/2006. (Attachments: # 1 Exhibit 1)(Morrison, Angela) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

88

ORDER granting 55 Ex Parte Motion for Sanctions, granting 28 Motion to Compel. Defendants shall pay the EEOC $2,280.00 in attorney's fees/costs. Signed by Judge Lawrence R. Leavitt on 9/26/06. (MJZ) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

89

ORDER granting 78 Motion to Extend Discovery. Discovery due by 1/26/2007. Motions due by 2/26/2007. Status Report due by 12/1/2006. Signed by Judge Lawrence R. Leavitt on 9/26/06. (MJZ) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

90

MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, Chief U.S. District Judge on 9/27/2006. By Deputy Clerk: V. Hayes. IT IS ORDERED that this case is reassigned to Magistrate Judge George W Foley, Jr for the purpose of ENE. Magistrate Judge Robert J. Johnston no longer assigned to case. Case number remains the same. (no image attached) (VHM, ) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

91

NOTICE re 22 Notice of Trial Setting. Pursuant to Order extending discovery and motion schedules 89 , the trial set for December 5, 2006 is vacated and will be reset upon submission of the proposed joint pretrial order by no later than March 28, 2007 or within fifteen (15) days of ruling on any pending dispositive motions, whichever is later. (BS, ) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

92

ORDER denying as moot 87 Motion to Strike. Denying 38 Motion for Summary Judgment. Signed by Judge Howard D. McKibben on 10/2/06. (AXM) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their age. Two individuals that were discriminated against because of their age.

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

Republic Silver State Disposal, Inc., Private Entity/Person

Republic Services, Inc. (Clark County, NV), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,975,000

Order Duration: 2010 - 2013

Content of Injunction:

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Required disclosure

Retaliation Prohibition

Training

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits