Case: EEOC v. HAMLET DEVELOPMENT

2:06-cv-00751 | U.S. District Court for the District of Utah

Filed Date: Sept. 11, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this suit against Hamlet Development Corp., Hamlet Homes Corp., Stirling Mortgage Corp., and Diversified Habitats 1, LLC (an integrated enterprise doing business as the Hamlet Companies) in the United States District Court for the District of Utah in September 2006. The complaint alleged that a female employee was sexually harassed and subjected to retaliatory discharge for opposing the harassment. The U.S. Attorney's Office in Salt Lake City repr…

The Phoenix District Office of the EEOC brought this suit against Hamlet Development Corp., Hamlet Homes Corp., Stirling Mortgage Corp., and Diversified Habitats 1, LLC (an integrated enterprise doing business as the Hamlet Companies) in the United States District Court for the District of Utah in September 2006. The complaint alleged that a female employee was sexually harassed and subjected to retaliatory discharge for opposing the harassment. The U.S. Attorney's Office in Salt Lake City represented the EEOC, along with attorneys from the Phoenix District Office and Albuquerque Area Office. Both parties moved for summary judgment, but they entered into a two year consent decree in July 2007, before the motions were resolved.

The consent decree enjoined the Defendant from discriminating, harassing, or retaliating against employees based on sex. It also required the Defendant to train its employees on sexual harassment; to establish a complaint and investigation procedure; and post a notice describing Title VII's prohibition of sex discrimination. It also required the Defendant to pay a total of $174,186.65 to seven female employees in backpay and compensatory damages. The settlement term was 2 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Kevin Wilemon (5/16/2008)

Clearinghouse (6/12/2017)

People


Judge(s)

Kimball, Dale A. (Utah)

Attorney for Plaintiff

Medina, Loretta (New Mexico)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Attorney for Defendant

Crook, D Scott (Utah)

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Documents in the Clearinghouse

Document

2:06-cv-00751

Docket (PACER)

Equal Employment Opportunity Commission v. Hamlet Development

July 12, 2007

July 12, 2007

Docket
2-1

2:06-cv-00751

Complaint and Jury Trial Demand

Equal Employment Opportunity Commission v. Hamlet Development

Sept. 11, 2006

Sept. 11, 2006

Complaint
49

2:06-cv-00751

Consent Decree

Equal Employment Opportunity Commission v. Hamlet Development

July 12, 2007

July 12, 2007

Settlement Agreement

Resources

Docket

Last updated Feb. 22, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Case has been opened and assigned to Judge Dale A. Kimball. Plaintiff Equal Employment Opportunity Commission is directed to E-File the Complaint by the end of the business day. Filing Fee waived (USA) (jwt, ) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

2

COMPLAINT against all defendants No Filing Fee, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Dale A. Kimball (Sorenson, Stephen) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

3

MOTION for Admission Pro Hac Vice of Sally C. Shanley (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

4

MOTION for Admission Pro Hac Vice of Mary Jo O'Neill (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

5

MOTION for Admission Pro Hac Vice of Loretta F. Medina (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

6

ORDER granting 5 Motion for Admission Pro Hac Vice of Loretta Medina for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

7

ORDER granting 4 Motion for Admission Pro Hac Vice of Mary Jo O'Neill for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

8

ORDER granting 3 Motion for Admission Pro Hac Vice of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

9

NOTICE of Appearance by Loretta F. Medina on behalf of Equal Employment Opportunity Commission (Medina, Loretta) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

11

ACKNOWLEDGEMENT OF SERVICE Executed as to 2 Complaint Acknowledgement filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats.Hamlet Development served on 10/16/2006, answer due 11/6/2006; Hamlet Homes served on 10/16/2006, answer due 11/6/2006; Stirling Mortgage served on 10/16/2006, answer due 11/6/2006; Diversified Habitats served on 10/16/2006, answer due 11/6/2006. (Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

12

ANSWER to Complaint filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats.(Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

13

Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

14

MEMORANDUM in Support re 13 Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

15

AFFIDAVIT of Scott Carter re 14 Memorandum in Support of Motion For Summary Judgment filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

16

AFFIDAVIT of Susan Lister re 14 Memorandum in Support of Motion For Summary Judgment filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

17

NOTICE OF ADR, e-mailed or mailed to Plaintiff Equal Employment Opportunity Commission, Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (blk, ) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

18

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 1/17/2007 09:00 AM in Room 477 before Magistrate Judge Paul M. Warner. (blk, ) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

20

DECLARATION of Loretta Medina re 19 Stipulated MOTION to Respond to Defendant's Motion for Summary Judgment re 16 Affidavit, 13 Defendant's MOTION for Summary Judgment, 14 Memorandum in Support of Motion, 15 Affidavit filed by Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

21

CLERK'S NOTICE OF ERROR re: 19 Stipulated MOTION to Respond to Defendant's Motion for Summary Judgment re 16 Affidavit, 13 Defendant's MOTION for Summary Judgment, 14 Memorandum in Support of Motion, 15 Affidavit. Description of error: filer linked more than the previously-filed motion to this motion and used the wrong motion relief. Motion should have read simply 'MOTION re: Rule 56(f)' (alt) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

22

ORDER granting 19 Motion to have additional time for discovery and to Respond to Motion for Summary Jgm. Signed by Judge Dale A. Kimball on 11/8/06.(blk, ) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

23

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Set of Non-Uniform Interrogatories and First Request for Production Of Documents To Defendants (Medina, Loretta) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

24

Stipulated MOTION to Amend/Correct 22 Order on Motion to Respond filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Text of Proposed Order)(Crook, D.) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

25

ORDER granting 24 Motion to Amend/Correct Order Approving Parties Rule 56(f)Stipulation. Signed by Judge Dale A. Kimball on 12/7/06.(blk, ) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

26

REPORT OF ATTORNEY PLANNING MEETING. (Medina, Loretta) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

27

SCHEDULING ORDER: Initial Pretrial Conference set for 1/17/07 is vacated. Amended Pleadings due by 3/31/2007. Joinder of Parties due by 3/31/2007. Discovery due by 7/20/07 fact, 8/8/2007 expert. Motions due by 9/7/2007. Final Pretrial Conference set for 1/29/2008 02:30 PM in Room 220 before Judge Dale A. Kimball. 7 day Jury Trial set for 2/11/2008 08:30 AM in Room 220 before Judge Dale A. Kimball.. Signed by Judge Brooke C. Wells on 12/27/06. (blk, ) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

28

NOTICE of Appearance by Kathryn J. Steffey on behalf of Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats (Steffey, Kathryn) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

30

STIPULATED CONFIDENTIALITY ORDER granting 29 Motion for Protective Order. Signed by Judge Dale A. Kimball on 1/19/07. (blk) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

31

MEMORANDUM in Opposition re 13 Defendant's MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List and Exhibits A - D# 2 Exhibits E - N# 3 Exhibits O - FF)(Medina, Loretta) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

32

Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

33

MEMORANDUM in Support re 32 Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List and Exhibits A - D# 2 Exhibits E - N# 3 Exhibits O - FF)(Medina, Loretta) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

34

**SEALED DOCUMENT** EXHIBIT S re 31 Memorandum in Opposition to Motion, 33 Memorandum in Support of Motion filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # Exhibit S part 2)(blk) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

35

Stipulated MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Text of Proposed Order)(Crook, D.) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

36

ERRATA to 31 Memorandum in Opposition to Motion, 33 Memorandum in Support of Motion filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits G and H)(Medina, Loretta) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

37

ORDER granting 35 Motion for Extension of Time to File Response/Reply re 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment. Replies due by 4/13/2007. Signed by Judge Dale A. Kimball on 3/1/07. (blk) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

38

REPLY to Response to Motion re 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment Reply Memorandum in Support filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Exhibit A- Relevant Portions of the Deposition of Michael Brodsky# 2 Exhibit B- Relevant Portions of the Deposition of Scott Carter# 3 Exhibit C- Relevant Portions of the Deposition of Susan M. Lister# 4 Exhibit D- (Part 1) Photographs of White Boards# 5 Exhibit D- (Part 2) Photographs of White Boards)(Steffey, Kathryn) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

39

AFFIDAVIT of John H. Aldous re 38 Reply Memorandum/Reply to Response to Motion,, filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

41

AFFIDAVIT of David S. Irwin re 38 Reply Memorandum/Reply to Response to Motion,, filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

42

AFFIDAVIT of Susan M. Lister re 38 Reply Memorandum/Reply to Response to Motion,, Second Affidavit filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

43

AFFIDAVIT of Scott Carter re 38 Reply Memorandum/Reply to Response to Motion,, Second Affidavit filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

44

REPLY to Response to Motion re 32 Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

45

NOTICE OF HEARING ON MOTION re: 13 Defendant's MOTION for Summary Judgment, 32 Cross MOTION for Summary Judgment : Motion Hearing set for 6/20/2007 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

46

NOTICE of Unavailability by Equal Employment Opportunity Commission Notice Of Unavailability (Medina, Loretta) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

47

DOCUMENT LODGED consisting of: correspondence (alt) (Entered: 06/15/2007)

June 14, 2007

June 14, 2007

48

NOTICE of Filing Consent Decree by Equal Employment Opportunity Commission (Attachments: # 1)(Medina, Loretta) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

49

ORDER/CONSENT DECREE and PERMANENT INJUNCTION. Signed by Judge Dale A. Kimball on 7/12/07. CASE CLOSED.(blk) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2006

Closing Date: 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

Stirling Mortgage Corp. (Unknown), Private Entity/Person

Diversified Habitats 1, LLC (Unknown), Private Entity/Person

Hamlet Homes Corp. (Unknown), Private Entity/Person

Stirling Mortgage Corp. (Unknown), Private Entity/Person

Hamlet Homes Corp. (Unknown), Private Entity/Person

Diversified Habitats (Unknown), Private Entity/Person

Stirling Mortgage (Unknown), Private Entity/Person

Hamlet Development Corp. (Unknown), Private Entity/Person

Hamlet Homes (Unknown), Private Entity/Person

Hamlet Development Corp. (Unknown), Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Amount Defendant Pays: 174186.65

Order Duration: 2007 - 2009

Content of Injunction:

Neutral/Positive Reference

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

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits