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Case: EEOC v. KCD CONSTRUCTION INC

0:05-cv-02122 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 14, 2005

Closed Date: July 25, 2009

Clearinghouse coding complete

Case Summary

In September 2005, the EEOC Chicago District Office filed suit in United States District Court, District of Minnesota, against KCD Construction, Inc., alleging that the owner of the company and his sons subjected employees of Mexican descent to harassment based on their national origin, in violation of Title VII of the Civil Rights Act.One of KCD's defenses was an affirmative defense stating that the EEOC had not met the class action requirements of Federal Rule of Civil Procedure 23; KCD argue…

In September 2005, the EEOC Chicago District Office filed suit in United States District Court, District of Minnesota, against KCD Construction, Inc., alleging that the owner of the company and his sons subjected employees of Mexican descent to harassment based on their national origin, in violation of Title VII of the Civil Rights Act.

One of KCD's defenses was an affirmative defense stating that the EEOC had not met the class action requirements of Federal Rule of Civil Procedure 23; KCD argued that the EEOC was required to meet the Rule 23 requirements because the suit was for monetary relief, in addition to equitable relief. The EEOC filed a motion for summary judgment on this issue. The court granted the motion, holding that Rule 23 does not apply to the EEOC even when money damages are sought. Equal Employment Opportunity Commission v. KCD Construction, Inc., No. 05-2122, 2006 WL 549393 (D.Minn. Mar. 6, 2006). The defendant also moved for summary judgment on the entire claim; this motion was denied. Equal Employment Opportunity Commission v. KCD Construction, Inc., No. 05-2122, 2007 WL 1129220 (D.Minn. Apr. 16, 2007).

This case also saw a dispute over the prospect of KCD conducting discovery into the immigration status of the complainants; the court granted the EEOC's motion for a protective order and ruled that such information would not be subject to discovery.

In July of 2007, the case was resolved via a consent decree. KCD was ordered to pay a total of $41,500 in monetary relief. The decree also provided for injunctive relief: KCD was ordered to provide anti-discrimination training for all of its employees and the individual owners of the company, and KCD was required to establish anti-discrimination policies and procedures for handling employee complaints. The decree was to last for two years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Jason Chester (5/22/2008)

Clearinghouse (6/13/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4691424/parties/equal-employment-opportunity-commission-v-kcd-construction-inc/


Judge(s)

Doty, David Singleton (Minnesota)

Nelson, Susan Richard (Minnesota)

Attorneys(s) for Plaintiff

Burnside, Tina (North Carolina)

Kamp, Jean P. (Wisconsin)

Attorneys(s) for Defendant

Friederichs, Tammy P. (Minnesota)

Thompson, Stephen M (Minnesota)

Expert/Monitor/Master

Hendrickson, John (Wisconsin)

Judge(s)

Doty, David Singleton (Minnesota)

Nelson, Susan Richard (Minnesota)

Attorneys(s) for Plaintiff

Burnside, Tina (North Carolina)

Kamp, Jean P. (Wisconsin)

Attorneys(s) for Defendant

Friederichs, Tammy P. (Minnesota)

Thompson, Stephen M (Minnesota)

Expert/Monitor/Master

Hendrickson, John (Wisconsin)

Documents in the Clearinghouse

Document

0:05-cv-02122

Docket (PACER)

EEOC v. KCD Construction Inc

July 25, 2007

July 25, 2007

Docket
1-1

0:05-cv-02122

Complaint

EEOC v. KCD Construction Inc

Sept. 14, 2005

Sept. 14, 2005

Complaint
45

0:05-cv-02122

Order [Pl's Motion for Protective Order, Pl's Motion to Compel, and Def's Motion to Compel)

EEOC v. KCD Construction Inc

Feb. 24, 2006

Feb. 24, 2006

Order/Opinion
46

0:05-cv-02122

Order [Granting Plaintiff's S/J Motion]

EEOC v. KCD Construction, Inc.

March 6, 2006

March 6, 2006

Order/Opinion

EEOC Press Release

EEOC v. KCD Construction Inc

No Court

March 10, 2006

March 10, 2006

Press Release
92

0:05-cv-02122

Order [Denying Defendant's S/J Motion]

EEOC v. KCD Construction, Inc.

April 16, 2007

April 16, 2007

Order/Opinion
97

0:05-cv-02122

Consent Decree

EEOC v. KCD Construction Inc

July 25, 2007

July 25, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4691424/equal-employment-opportunity-commission-v-kcd-construction-inc/

Last updated Nov. 1, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against KCD Construction, Inc. assigned to Judge David S. Doty per Civil Rights referred to Magistrate Judge Susan R. Nelson 4:05AD234, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JMH) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

Summons Issued as to KCD Construction, Inc. (JMH) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

2

SUMMONS Returned Executed by Equal Employment Opportunity Commission. KCD Construction, Inc. served on 9/22/2005, answer due 10/12/2005. (JLB) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

3

ANSWER to Complaint by KCD Construction, Inc..(Thompson, Stephen) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

4

AFFIDAVIT of Service by KCD Construction, Inc. re 3 Answer to Complaint (Thompson, Stephen) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

5

NOTICE OF PRETRIAL CONFERENCE Pretrial Conference set for 11/22/2005 03:30 PM In Chambers Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 10/17/05. (JMH) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

6

REPORT Joint Rule 26(f) Report by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

7

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

8

NOTICE of Hearing on Motion 7 MOTION for Partial Summary Judgment: Motion Hearing set for 1/20/2006 10:30 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Burnside, Tina) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

9

MEMORANDUM in Support re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 unpublished case Hoglund v. Daimler Chrysler Corp.# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

11

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 7 MOTION for Partial Summary Judgment, 8 Notice of Hearing on Motion, 9 Memorandum in Support of Motion, 10 Declaration in Support (Burnside, Tina) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

12

RULE 7.1 DISCLOSURE STATEMENT by KCD Construction, Inc. that there is no such parent or publicly held corporation to report. (Friederichs, Tammy) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

13

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 12 Rule 7.1 - Disclosure Statement (Friederichs, Tammy) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

14

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 11/22/2005. (JLB) (Entered: 11/28/2005)

Nov. 22, 2005

Nov. 22, 2005

15

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/19/2005. Discovery due by 8/1/2006. Motions (non-disp) due 8/15/2006. Motions (disp) due by 9/1/2006. Ready for trial due by 1/2/2007. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

16

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 3/16/2006 09:30 AM In Chambers Suite 9E Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

17

MEMORANDUM in Opposition re 7 MOTION for Partial Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Certificate LR 7.1 Compliance Certificate)(Friederichs, Tammy) Modified text on 1/3/2006 (jlb). (Entered: 12/30/2005)

Dec. 30, 2005

Dec. 30, 2005

18

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 17 Memorandum in Opposition to Motion (Friederichs, Tammy) (Entered: 12/30/2005)

Dec. 30, 2005

Dec. 30, 2005

19

REPLY re 17 Memorandum in Opposition to Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Burnside, Tina) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

20

(TEXT ENTRY ONLY) Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 1/20/2006 re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission - argued, submitted and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (CLB) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

21

MOTION for Protective Order by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

22

NOTICE OF HEARING ON MOTION 21 MOTION for Protective Order: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

24

Declaration of Tina Burnside in Support of 21 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # 2 Exhibit 1# 3 Exhibit 2, part 1# 4 Exhibit 2, part 2# 5 Exhibit 3# 6 Exhibit 4-8# 7 Exhibit 9-10)(Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

25

MOTION to Compel Discovery by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

26

NOTICE OF HEARING ON MOTION 25 MOTION to Compel Discovery : Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

27

MEMORANDUM in Support re 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

28

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 27 Memorandum in Support of Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

29

Declaration of Tina Burnside in Support of 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-4# 2 Exhibit 5-10# 3 Exhibit 11-13)(Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

30

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 21 MOTION for Protective Order, 22 Notice of Hearing on Motion, 23 Memorandum in Support of Motion, 24 Declaration in Support, (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

31

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 25 MOTION to Compel Discovery , 26 Notice of Hearing on Motion, 27 Memorandum in Support of Motion, 28 LR7.1 Word Count Compliance Certificate, 29 Declaration in Support (Burnside, Tina) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

32

MOTION to Compel by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

33

NOTICE OF HEARING ON MOTION 32 MOTION to Compel: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Friederichs, Tammy) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

34

MEMORANDUM in Support re 32 MOTION to Compel filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Exhibits A-B# 3 Exhibit C# 4 Exhibit D# 5 Exhibits E-I# 6 Exhibit J# 7 Exhibits K-Z# 8 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

35

AFFIDAVIT of Tammy P. Friederichs in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

36

AFFIDAVIT of Stephen M. Thompson in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

38

MEMORANDUM in Opposition re 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Capellupo v FMC Corp.# 2 Appendix Ellenberg v Tuffys# 3 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

39

DECLARATION of Tina Burnside in Opposition to 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 part 1# 7 Exhibit 6 part 2# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11)(Burnside, Tina) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

40

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 38 Memorandum in Opposition to Motion, 39 Declaration in Opposition, to Defendant's Motion to Compel (Burnside, Tina) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

41

MEMORANDUM in Opposition re 21 MOTION for Protective Order filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

42

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 41 Memorandum in Opposition to Motion for Protective Order (Friederichs, Tammy) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

43

MEMORANDUM in Opposition re 25 MOTION to Compel Discovery filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

44

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 43 Memorandum in Opposition to Motion to Compel Discovery (Friederichs, Tammy) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

45

Minute Entry and ORDER for proceedings held before Magistrate Judge Susan R Nelson : granting in part and denying in part 32 Motion to Compel, granting 21 Motion for Protective Order, granting in part and denying in part 25 Motion to Compel, Motion Hearing held on 2/24/2006. (Tape #519, 520) No other Order to be issued. Signed by Magsitrate Judge Susan R. Nelson on 2/24/06.(JLB) (Entered: 02/28/2006)

Feb. 24, 2006

Feb. 24, 2006

46

ORDER granting 7 Motion for Partial Summary Judgment (Written Opinion). Signed by Judge David S Doty on 3/6/06. (PJM)

March 6, 2006

March 6, 2006

RECAP
47

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Thompson, Stephen) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

48

PROTECTIVE ORDER that the parties shall abide by all terms andduties outlined in the Stipulation for Protective Order [Doc. No. 47]. Signed by Magistrate Judge Susan R Nelson on 3/15/06. (JMH) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

50

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Burnside, Tina) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

51

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 50 Stipulation for Protective Order (Burnside, Tina) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

52

PROTECTIVE ORDER re 50 Stipulation. Signed by Magistrate Judge Susan R Nelson on 4/20/06. (JLB) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

53

MOTION for Sanctions by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

54

NOTICE OF HEARING ON MOTION 53 MOTION for Sanctions: Motion Hearing set for 5/15/2006 01:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

55

MEMORANDUM in Support re 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Quela v. Payco-General American Credits# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

56

Declaration of Tina Burnside in Support of 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 5)(Burnside, Tina) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

57

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 54 Notice of Hearing on Motion for Sanctions (Burnside, Tina) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

58

MEMORANDUM in Opposition re 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

59

AFFIDAVIT of Nicolas Guadalupe Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

60

AFFIDAVIT of Yolanda Lizette Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

61

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

62

AFFIDAVIT of Kenneth Doeden in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

63

AFFIDAVIT of Amy Flom in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

65

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 60 Affidavit in Opposition to Motion, 61 Affidavit in Opposition to Motion, 64 Affidavit in Opposition to Motion, 62 Affidavit in Opposition to Motion, 58 Memorandum in Opposition to Motion, 63 Affidavit in Opposition to Motion, 59 Affidavit in Opposition to Motion (Friederichs, Tammy) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

66

AMENDED NOTICE of Hearing on Motion 53 MOTION for Sanctions: Motion Hearing set for 7/10/2006 02:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

67

Letter re: withdrawal of motion re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 57 Certificate of Service, 66 Amended Notice of Hearing on Motion, 54 Notice of Hearing on Motion from Tina Burnside. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

68

ORDER 1. Defendant's request to compel the audio information redacted by Plaintiff is DENIED. Signed by Magistrate Judge Susan R Nelson on 6/26/06. (JMH) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

69

MOTION for Summary Judgment by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

70

NOTICE OF HEARING ON MOTION 69 MOTION for Summary Judgment: Motion Hearing set for 10/20/2006 09:45 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

71

MEMORANDUM in Support re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

72

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by KCD Construction, Inc. re 71 Memorandum in Support of Motion filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

73

AFFIDAVIT of James A. Hoekman in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

74

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

75

AFFIDAVIT of Nicolas Guadalupe Iracheta in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

76

AFFIDAVIT of Otoniel Rivera in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

78

AFFIDAVIT of Stephen M Thompson in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

79

AFFIDAVIT of Tammy P Friederichs in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Bravo Depo Excerpts# 3 C Doeden Depo Excerpts# 4 D Doeden Depo Excerpts# 5 K Doeden Depo Excerpts# 6 Hernandez Depo Excerpts# 7 Hoekman Depo Excerpts# 8 Y Iracheta Depo Excerpts# 9 Schreier Depo Excerpts# 10 Morales Depo Excerpts# 11 Santos Depo Excerpts# 12 Soto Depo Excerpts# 13 Ex 1-4# 14 Ex 5-11# 15 Ex 12)(Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

80

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 71 Memorandum in Support of Motion, 72 LR7.1 Word Count Compliance Certificate, 74 Affidavit in Support of Motion, 76 Affidavit in Support of Motion, 79 Affidavit in Support of Motion,,, 75 Affidavit in Support of Motion, 73 Affidavit in Support of Motion, 70 Notice of Hearing on Motion, 78 Affidavit in Support of Motion, 69 MOTION for Summary Judgment, 77 Affidavit in Support of Motion (Friederichs, Tammy) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

81

MEMORANDUM in Opposition re 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

82

DECLARATION of Tina Burnside in Opposition to 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 4# 2 Exhibit(s) 5# 3 Exhibit(s) Aldoy deposition excerpts# 4 Exhibit(s) Bravo deposition excerpts# 5 Exhibit(s) Chad Doeden deposition excerpts# 6 Exhibit(s) Dennis Doeden deposition excerpts# 7 Exhibit(s) Hernandez deposition excerpts# 8 Exhibit(s) Hoekman deposition excerpts# 9 Exhibit(s) Kenneth Doeden deposition excerpts# 10 Exhibit(s) Nicholas Iracheta deposition excerpts# 11 Exhibit(s) Romero deposition excerpts# 12 Exhibit(s) Rubio deposition excerpts# 13 Exhibit(s) Santos deposition excerpts# 14 Exhibit(s) Soto deposition excerpts part 1# 15 Exhibit(s) Soto deposition excerpts part 2# 16 Exhibit(s) Yolanda Iracheta deposition excerpts)(Burnside, Tina) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

83

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 82 Declaration in Opposition, 81 Memorandum in Opposition to Motion (Burnside, Tina) Modified text on 9/29/2006 (jc). (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

84

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 81 Memorandum in Opposition to Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

85

REPLY re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

87

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 86 Affidavit in Support of Motion, 85 Reply (Friederichs, Tammy) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

88

*TEXT ONLY ENTRY* Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 10/20/2006 re 69 MOTION for Summary Judgment filed by KCD Construction, Inc. - argued and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (PJM) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

89

NOTICE of Change of Address by Tina Burnside (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

90

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 11/28/2006 10:30 AM, In Chambers, Suite 9E, before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 11/02/2006. (jc) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

91

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 11/28/2006. Case did not settle. (jc) (Entered: 11/29/2006)

Nov. 28, 2006

Nov. 28, 2006

92

ORDER denying 69 Motion for Summary Judgment (Written Opinion). Signed by Judge David S. Doty on 4/16/2007. (PJM)

April 16, 2007

April 16, 2007

RECAP
93

JURY TRIAL NOTICE Jury Trial set for 7/23/2007 09:00 AM in Minneapolis - Courtroom 14W before Senior Judge David S. Doty. (PJM) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

94

NOTICE OF FINAL SETTLEMENT CONFERENCE Settlement Conference set for 6/21/2007 09:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/17/07. (JMH) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

95

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 6/21/2007. Final Settlement Conference held. Settlement Conference is continued. The parties are directed to report to the Court no later than June 27, 2007 on the status of settlement of this matter. (jc) (Entered: 06/22/2007)

June 21, 2007

June 21, 2007

96

ORDER DISMISSING CASE. Signed by Judge David S. Doty on 7/20/2007. (CLB) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

97

CONSENT DECREE. Signed by Judge David S. Doty on 7/25/2007. (PJM) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

98

STIPULATION of Dismissal With Prejudice by Equal Employment Opportunity Commission, KCD Construction, Inc., Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

99

ORDER For Dismissal With Prejudice re 98 Stipulation of Dismissal filed by Equal Employment Opportunity Commission, KCD Construction, Inc. Signed by

July 25, 2007

July 25, 2007

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: Sept. 14, 2005

Closing Date: July 25, 2009

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

KCD Construction, Inc. (Slayton, Minnesota), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 41500

Order Duration: 2007 - 2009

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

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian