Case: EEOC v. Bashas' Inc.

2:05-cv-02382 | U.S. District Court for the District of Arizona

Filed Date: Aug. 17, 2005

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On August 17, 2005, non-Navajo Native Americans filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued Bashas’ Inc. and the Navajo Nation under Title VII. The plaintiffs, represented by the EEOC, asked the court for injunctive relief, back pay, and punitive damages. Specifically, the plaintiffs claimed that Bashas’ Inc. engaged in unlawful employment practices by discriminating against the plaintiffs on the basis of their national origin, and tha…

On August 17, 2005, non-Navajo Native Americans filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued Bashas’ Inc. and the Navajo Nation under Title VII. The plaintiffs, represented by the EEOC, asked the court for injunctive relief, back pay, and punitive damages. Specifically, the plaintiffs claimed that Bashas’ Inc. engaged in unlawful employment practices by discriminating against the plaintiffs on the basis of their national origin, and that Bashas’ Inc. failed to make and preserve records relevant to the determination of whether unlawful employment practices had been committed.

On December 14, 2006, District Judge Stephen M. McNamee ordered a stay on the proceedings pending the appeals in the EEOC v. Peabody Western Coal case. (EE-AZ-0082 in this Clearinghouse.) Judge McNamee found that the complaint filed by the EEOC in the Peabody case were substantial identical to the complaint filed against Bashas’ Inc, and so the instant case should be stayed. On December 14, 2006, November 18, 2010, and April 6, 2012 Judge Stephen M. McNamee ordered further stays of proceedings pending developments in the Peabody case.

On September 26, 2014 the Peabody case was decided against the EEOC. Judge W. Fletcher of the United States Court of Appeals for the Ninth Circuit found that Navajo hiring preferences was a political classification, not a classification based on national origin. As such, the preferences were not a violation of Title VII.

On November 12, 2014 Judge Stephen M. McNamee dismissed with prejudice the case in accordance with the Ninth Circuit's opinion in Peabody. 828 F.Supp.2d 1056.

Summary Authors

Gabriela Hybel (10/23/2016)

Related Cases

EEOC v. Peabody Coal Company, District of Arizona (2001)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4132088/parties/equal-employment-opportunity-commission-v-bashas-inc/


Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

Baran, Andrea Gail (Arizona)

eDriscoll−MacEachron, James P (Arizona)

Houk, Christoper Robert (Arizona)

Kruse, Katherine (Arizona)

Meyer, Valerie L. (Arizona)

Nutter, Karen E. (Arizona)

O'Neill, Mary Jo (Arizona)

Rosas, Lucila G. (Arizona)

Shanley, Sally C. (Arizona)

Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

Baran, Andrea Gail (Arizona)

eDriscoll−MacEachron, James P (Arizona)

Houk, Christoper Robert (Arizona)

Kruse, Katherine (Arizona)

Meyer, Valerie L. (Arizona)

Nutter, Karen E. (Arizona)

O'Neill, Mary Jo (Arizona)

Rosas, Lucila G. (Arizona)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Denetsosie, Louis (Arizona)

Enfield, Lisa M (New Mexico)

Frye, Paul E (New Mexico)

Quincy, Stephanie J. (Arizona)

Spruhan, Paul Wesley (Arizona)

Documents in the Clearinghouse

Document

2:05-cv-02382

Docket

EEOC v. Bashas' Inc., et al

Nov. 12, 2014

Nov. 12, 2014

Docket
1

2:05-cv-02382

Complaint

EEOC v. Bashas' Inc., et al

Aug. 17, 2005

Aug. 17, 2005

Complaint
38

2:05-cv-02382

Memorandum of Decision and Order [Regarding Defendants' Motion to Stay Proceedings]

EEOC v. Bashas' Inc., et al

Dec. 14, 2006

Dec. 14, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132088/equal-employment-opportunity-commission-v-bashas-inc/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Rosas, Lucila) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

2

Summons Issued as to Bashas' Inc, Navajo Nation. (Attachments: # 1 Supplement)(MRB, ) (Entered: 08/22/2005)

Aug. 17, 2005

Aug. 17, 2005

3

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Bashas' Inc served on 8/25/2005, answer due 9/14/2005; Navajo Nation served on 8/29/2005, answer due 9/19/2005. (Attachments: # 1 Supplement Service to Navajo Nation)(Rosas, Lucila) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

4

First MOTION for Extension of Time to File Answer or Otherwise Plead by Navajo Nation. (Denetsosie, Louis) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

5

ANSWER to Complaint by Bashas' Inc.(Quincy, Stephanie) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

6

RESPONSE in Opposition re 4 First MOTION for Extension of Time to File Answer or Otherwise Plead filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

8

ORDER granting 4 Motion for Extension of Time to Answer. Navajo Nation answer due 11/3/2005 . Signed by Judge Stephen M McNamee on 9/15/05. (LCF) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

9

Standard Civil Track Initial ORDER . Signed by Judge Stephen M McNamee on 9/19/05. (TCA, ) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

10

MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Navajo Nation. (Attachments: # 1 # 2)(Denetsosie, Louis) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

11

MOTION for Admission Pro Hac Vice by Paul E Frye on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

Oct. 19, 2005

Oct. 19, 2005

13

MOTION for Admission Pro Hac Vice for Lisa M Enfield on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

Oct. 19, 2005

Oct. 19, 2005

12

ORDER pursuant to General Order 05−25 granting 11 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

14

ORDER pursuant to General Order 05−25 granting 13 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

15

Corporate Disclosure Statement by Bashas' Inc. (Quincy, Stephanie) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

16

Joinder re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Defendants Bashas' Inc, Navajo Nation. (Attachments: # 1 Exhibit A−J)(Bacalzo, Rachel) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

17

Joinder re 16 Joinder Corrected by Defendants Bashas' Inc, Navajo Nation. (Bacalzo, Rachel) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

18

First MOTION for Expedited Ruling on Motion for Stay re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Navajo Nation. (Frye, Paul) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

19

RESPONSE in Opposition re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

20

ORDER granting 10 Motion to Stay proceedings pending Petition for Writ of Certiorari; Stay Deadline set for 5/2/2006.. Signed by Judge Stephen M McNamee on 11/1/05. (MAP, ) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

21

MOTION for Leave to File Excess Pages for Motion to Dismiss and Supporting Memorandum by Navajo Nation. (Attachments: # 1 Exhibit Proposed Motion to Dismiss and Supporting Memorandum# 2 Exhibit to Proposed Motion to Dismiss and Supporting Memorandum)(Frye, Paul) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

22

ORDER granting 21 Navajo Nation's Motion for Leave to File Excess Pages. Signed by Judge Stephen M McNamee on 3/16/06. (TLJ) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

23

NOTICE of Attorney Substitution by Sally Clifford Shanley (Shanley, Sally) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

24

MOTION to Dismiss Case For Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies and Failure to Join the United States as an Indispensable Party and Memorandum in Support Thereof by Navajo Nation.

April 5, 2006

April 5, 2006

26

ERRATA re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit)(Nutter, Karen) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

27

ORDER granting 25 the EEOC's request for an expedited ruling vacating the May 5, 2006 deadline for the EEOC and Bashas' Inc. to respond to the Navajo Nation's motion to dismiss. VACATING the May 5, 2006 deadline for the EEOCand Bashas' Inc. to respond to the Navajo Nation's motion to dismiss. no later than May 5, 2006, the Navajo Nation and Bashas' Inc. shall file a response to the EEOC's Motion for Continuance. Any response shall be served by electronic filing. no later than May 12, 2006, the EEOC may file a reply to any response to its Motion for Continuance. Any reply shall be served by electronic filing. Signed by Judge Stephen M McNamee on 04/24/06. (KCS) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

28

RESPONSE in Opposition re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Navajo Nation. (Frye, Paul) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

29

RESPONSE in Opposition re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Bashas' Inc. (Quincy, Stephanie) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

30

NOTICE of Attorney Substitution by Katherine J Kruse (Kruse, Katherine) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

31

REPLY to Response to Motion re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

32

Notice re Errata by Navajo Nation (Frye, Paul) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

33

MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM by Navajo Nation. (Frye, Paul) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

34

RESPONSE in Opposition re 33 MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

35

REPLY to Response to Motion re 33 MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM filed by Navajo Nation. (Frye, Paul) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

36

Notice re of Supplemental Authority by Navajo Nation re 24 MOTION to Dismiss Case For Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies and Failure to Join the United States as an Indi (Frye, Paul) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

37

RESPONSE re 36 Other Notice, Navajo Nation's Notice of Supplemental Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Nutter, Karen) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

38

MEMORANDUM OF DECISION AND ORDER granting 33 Motion to Stay. All proceedings in the instant case are STAYED pending the issuance of the Ninth Circuit's mandate in CV 01−1050−PHX−MHM. ORDER denying without prejudice 24 Motion to Dismiss Case to RE−FILING the same or a revised motion within 20 court days after the Ninth Circuit's mandate issues in CV 01−1050−PHX−MHM.. Signed by Judge Stephen M McNamee on 12/13/06.(TLJ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

39

NOTICE of Attorney Substitution by Lucila G Rosas (Rosas, Lucila) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

41

Minute Order: The parties to submit a status report no more than 5 pages in length by 2/23/2009. Status Report due by 2/23/2009. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

42

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

43

STATUS REPORT by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

44

STATUS REPORT by Bashas' Inc. (Quincy, Stephanie) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

45

NOTICE OF FILING BANKRUPTCY Upon the Record as to Defendant Bashas', Inc. by Bashas' Inc (Attachments: # 1 Exhibit A)(Quincy, Stephanie) (Entered: 07/16/2009)

July 16, 2009

July 16, 2009

46

Minute Order: The parties are to submit a status report no more than 5 pages in length to the Court by 2/1/2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

47

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

48

STATUS REPORT by Bashas' Inc. (Quincy, Stephanie) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

49

STATUS REPORT by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

50

MOTION to Withdraw as Attorney Katherine J. Kruse by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

52

Minute Order: The parties to submit a status report no more than 5 pages in length by 7/19/2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

53

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

54

STATUS REPORT by Bashas' Incorporated. (Quincy, Stephanie) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

55

STATUS REPORT Revised by Navajo Nation. (Frye, Paul) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

56

NOTICE of Attorney Substitution by Valerie Leigh Meyer adding Valerie Leigh Meyer,Valerie Leigh Meyer for Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

57

STATUS REPORT by Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

58

MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies, and Failure to Join the United States as an Indispensable Party by Navajo Nation re 38 Order on Motion to Stay, Order on Motion to Dismiss. (Attachments: # 1 Text of Proposed Order)(Frye, Paul) Modified on 10/4/2010 (TLJ). CORRECTION from incorrect event selected. (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

59

MOTION to Stay Proceedings by Navajo Nation. (same pdf as Doc. 58) (TLJ) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

60

NOTICE of Attorney Substitution by James P Driscoll−MacEachron on behalf of Equal Employment Opportunity Commission (Driscoll−MacEachron, James) Modified on 10/21/2010 (TLJ). DOCKET updated to reflect plaintiff. (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

62

AMENDED NOTICE of Attorney Substitution by Andrea Gail Baran on behalf of Equal Employment Opportunity (Baran, Andrea) Modified on 10/21/2010 (TLJ). DOCKET updated to reflect plaintiff. (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

63

RESPONSE in Opposition re 59 MOTION to Stay filed by Equal Employment Opportunity Commission. (Driscoll−MacEachron, James) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

64

MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss for Lack of Jurisdiction by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

65

First MOTION for Extension of Time to File Response/Reply as to 63 Response in Opposition to Motion by Navajo Nation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Frye, Paul) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

66

ORDER − IT IS ORDERED GRANTING Pla EEOC's 64 Unopposed Motion for Extension of Time to File Response to the Navajo Nation's Motion to Dismiss. FURTHER ORDERED that the deadline for Pla to file its Response to the Navajo Nation's re−filed 58 MOTION to Dismiss is extended to 12/8/10. Signed by Judge Stephen M McNamee on 10/25/10. (SAT) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

67

Joinder re 58 MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Stay by Defendant Bashas' Incorporated. (Quincy, Stephanie) (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

68

REPLY to Response to Motion re 59 MOTION to Stay filed by Navajo Nation. (Frye, Paul) (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

69

NOTICE of Appearance by Christopher Robert Houk on behalf of Equal Employment Opportunity Commission (Houk, Christopher) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

70

ORDER:ORDERED that the Navajo Nations Motion to Stay Proceedingsis GRANTED at this time only to the extent that all proceedings in the instant case areSTAYED pending expiration of the date for filing of a petition for a writ of certiorari in thePeabody Appeal.FURTHER ORDERED that the Navajo Nations Motion to Dismiss isDENIED WITHOUT PREJUDICE TO REFILING the same or a revised motion withinfourteen (14) days after the expiration of the last day for a party to the Peabody Appeal to filea petition for a writ of certiorari.. Signed by Judge Stephen M McNamee on 11/17/2010.(TCA) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

71

ORDER : Status Conference set for 1/11/2011 03:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 12/16/2010. (TCA) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

72

STATUS REPORT and MOTION to Vacate 70 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Stay, Order on Motion for Extension of Time to File Response/Reply,,,,,, 71 Order, Set/Reset Hearings by Navajo Nation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Frye, Paul) Modified on 12/20/2010 to reflect second part of two−part document. (SAT). (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

73

ORDER staying proceedings in this case pending expiration ofthe extended deadline for filing of a petition for a writ of certiorari in the Peabody Appeal.FURTHER ORDERED GRANTING Defendant Navajo Nations Motion(Doc. 72) to vacate the status conference scheduled for Tuesday, January 11, 2011 at 3:00p.m.IT IS FURTHER ORDERED that Defendant Navajo Nation is to file written noticeby February 4, 2011 updating the Court on the status of the Peabody Appeal.. Signed by Judge Stephen M McNamee on 12/20/2010.(TCA) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

74

MOTION to Stay re 73 Order on Motion to Vacate,, and Status Report by Navajo Nation. (Attachments: # 1 Text of Proposed Order)(Frye, Paul) (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

75

ORDER GRANTING Defendant Navajo Nations Motion forExtension of Stay (Doc. 74) pending either the grant or denial of its Petition for Writ ofCertiorari in the Peabody Appeal. FURTHER ORDERED that Defendant Navajo Nation is ordered to file noticewith the Court within seven days upon either the grant or denial of its Petition for Writ ofCertiorari in the Peabody Appeal. Signed by Judge Stephen M McNamee on 1/31/2011.(TCA) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

76

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

77

ORDER re 76 Status Report filed by Navajo Nation Status Conference set for 10/24/2011 at 01:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 10/13/2011. (TCA) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

78

Minute Entry. Proceedings held before Judge Stephen M McNamee: Appearances: Andrea Baran/James Driscoll−MacEachron for plaintiff; Stephanie Quincy for defendant Bashas; Lisa Enfield/Paul Frye for defendant Navajo NationStatus Conference held on 10/24/2011. Case discussion held. Parties to provide to the Court a copy of the lease and the deposition of the Secretary of the Interior and provide copies to each other. Notice to be filed with Court. Court will enter an order. (ECRO Vicki Reger.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

79

TRANSCRIPT REQUEST by Navajo Nation for proceedings held on 10/24/2011 before Judge Stephen M. McNamee.. (Frye, Paul) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

80

NOTICE re Service of Deposition of Stewart L. Udall by Navajo Nation re 78 Status Conference,, . (Attachments: # 1 Exhibits)(Frye, Paul) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

81

NOTICE re Service of Lease Between Bashas' Inc. and Navajo Nation by Bashas' Incorporated re 78 Status Conference,, . (Attachments: # 1 Exhibit A − Lease)(Quincy, Stephanie) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 10/24/2011, before Judge Stephen M McNamee. Court Recorder Vicki Reger /Transcriber AVTranz. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/22/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (BAS) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

83

TRANSCRIPT REQUEST by Peabody Western Coal Company for proceedings held on 10/24/2011 before Judge MCNAMEE.. (King, Kathryn) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

84

TRANSCRIPT REQUEST by Equal Employment Opportunity Commission for proceedings held on 10/24/2011 before Judge Stephen M. McNamee.. (Driscoll−MacEachron, James) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

85

First MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

86

ORDER GRANTING EEOC's First Motion for Leave to Amend Its Complaint Doc. 85 . Signed by Judge Stephen M McNamee on 11/22/2011.(KMG) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

87

ORDER STAYING this matter pending the disposition of motions of a related case currently being litigated in this District, EEOC v. Peabody Western Coal Co., No. CV 01−1050−PHX−JWS. FURTHER ORDERED that the parties are not required to file interim status. reports regarding the progress of the Peabody Western Coal litigation. FURTHER ORDERED that at an appropriate juncture the parties may move in this Court to vacate the stay and resume this litigation to its conclusion. Signed by Senior Judge Stephen M McNamee on 4/6/2012. (KMG) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

88

NOTICE re Order and Judgment in Related Matter by Navajo Nation . (Frye, Paul) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

89

ORDER Status Conference set for 11/18/2014 at 02:30 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. Signed by Senior Judge Stephen M McNamee on 11/4/2014. (LMR) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

91

STIPULATION of Dismissal by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

92

ORDER pursuant to the parties' 91 Stipulation of Dismissal: DISMISSING WITH PREJUDICE any and all claims with all parties to bear their respective costs and attorney's fees. Signed by Senior Judge Stephen M McNamee on 11/10/2014. (KMG) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

51

ORDER granting 50 Motion to Withdraw as Attorney; Katherine J Kruse is withdrawn as counsel for plaintiff; Mary Jo ONeill, Sally C Shanley, and Lucila G Rosas remain as counsel of record for the EEOC. Signed by Judge Stephen M McNamee on 1/14/10.(REW, )

Jan. 14, 2010

Jan. 14, 2010

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 17, 2005

Closing Date: 2014

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

Navajo Nation (Tuba City, Arizona), Private Entity/Person

Bashas' Inc. (Tuba City, Arizona), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

National origin discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits