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Case: EEOC v. HIGHLAND FRUIT GROWERS

2:03-cv-03132 | U.S. District Court for the Eastern District of Washington

Filed Date: Sept. 29, 2003

Closed Date: Feb. 14, 2009

Clearinghouse coding complete

Case Summary

The Seattle District Office of the EEOC brought this Title VII suit against High Fruit Growers, Inc. in September 2003, in the U.S. District Court for the Eastern District of Washington. The complaint alleged that the defendant subjected the charging parties to sexual harassment because of their sex (female). The charging parties intervened in the suit in July 2004, and the case settled by entry of a consent decree in February 2005. The four year consent decree required the defendant to pay…

The Seattle District Office of the EEOC brought this Title VII suit against High Fruit Growers, Inc. in September 2003, in the U.S. District Court for the Eastern District of Washington. The complaint alleged that the defendant subjected the charging parties to sexual harassment because of their sex (female). The charging parties intervened in the suit in July 2004, and the case settled by entry of a consent decree in February 2005.

The four year consent decree required the defendant to pay a lump sum of $150,000 to the charging parties. The consent decree also requires the defendant to comply with Title VII, retain a consultant to create or enhance an anti-discrimination and harassment policy, enhance its complaint procedure, create a policy designed to promote supervisor accountability, give bi-annual reports to the EEOC, institute anti-discrimination and harassment training, expunge the record of the charging parties, give neutral references to the charging parties, and post a notice of equal employment rights during the consent decree. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Kevin Wilemon (5/31/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

2:03-cv-03132

Docket (PACER)

Feb. 14, 2005

Feb. 14, 2005

Docket
1

2:03-cv-03132

Complaint and Jury Demand

EEOC v. Highland Fruit Growers

Sept. 29, 2003

Sept. 29, 2003

Complaint
11

2:03-cv-03132

Complaint of Plaintiff Intervenors

July 28, 2004

July 28, 2004

Complaint
29

2:03-cv-03132

Consent Decree and Order of Dismissal

Feb. 14, 2005

Feb. 14, 2005

Settlement Agreement

2:03-cv-03132

Office of General Counsel FY 2005 Annual Report

EEOC v. Highland Fruit Growers, Inc.

No Court

April 13, 2006

April 13, 2006

Other

Resources

Docket

Last updated Dec. 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT JURY TRIAL DEMAND (Summons(es) issued) Fee-status: wv Receipt #: wv (CR) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

2

SUMMONS/RETURN OF SERVICE executed upon defendant Highland Fruit via service on Registered Agent Robert Ball on 10/13/03 (LE) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

Law Clerk assigned to case is 01 (PW) (Entered: 11/23/2003)

Nov. 23, 2003

Nov. 23, 2003

Sched Conference Notice ;telephonic sched conf 9:00 2/13/04 Spokane, WA (PW) (Entered: 01/05/2004)

Jan. 5, 2004

Jan. 5, 2004

4

Joint Discovery Plan pur. to FRCP 26(F) (RF) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

5

Rule 7.1 Corporate Disclosure Statement by defendant Highland Fruit (LE) (Entered: 02/06/2004)

Feb. 5, 2004

Feb. 5, 2004

6

MINUTES: SCHED CONF Hearing Location: Spokane, WA CR/ER: No before Chief Judge Fred Van Sickle; order forthcoming (LE) (Entered: 02/18/2004)

Feb. 13, 2004

Feb. 13, 2004

7

Scheduling Conference Order by Chief Judge Fred Van Sickle: paraties shall file joint settlement status rpt by 7/27/04 & a tele conf re settlement status rpt will be held 7/30/04 at 8:30 w/court to initiate the call; Disp mtn ddl: 10/18/04; Mtn in limine ddl: 12/20/04; discovery to be complete 10/11/04; trial briefs, voir dire & proposed jury instr ddl 1/24/05; pretrial conference 8:30 1/18/05 Yakima, WA; proposed PTO due 1/13/05; Jury Trial set 9:00 2/7/05 Yakima, WA (cc:all counsel) (LE) Modified on 02/18/2004 (Entered: 02/18/2004)

Feb. 13, 2004

Feb. 13, 2004

FAXED/MAILED order/judgment SCHEDULING CONFERENCE ORDER (cc: to all counsel) (LE) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

8

Stipulation to allow intervention of Maria R. Ramirez, Gabriela Uribe, and Maria Cardenas and to extend expert disclosure deadlines (SAP) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

9

PROPOSED RECEIVED Order granting intervention to Maria R. Ramirez, Gabriela Uribe & Maria Cardenas & extending deadlines for expert witness disclosures re: stipulation [8-1] (SAP) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

Courtroom Deputy Modification (Utility Event) Settlement conf tele 8:30 8/6/04 Spokane, WA; Joint settlement status report due 7/30/04 (RF) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

10

ORDER by Chief Judge Fred Van Sickle (granting Intervention to Maria R Ramirez, Gabriela Uribe and Maria Cardenas and Extending Deadlines for Expert Witness Disclosures [8-1]) (cc: all counsel) (CR) Modified on 07/28/2004 (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

11

Intervenor's COMPLAINT by intervenor-plaintiff (Jury Trial Demanded) (CR) (Entered: 07/29/2004)

July 28, 2004

July 28, 2004

Clearinghouse

Courtroom Deputy Modification (Utility Event) ; Telephone status conf re set 8:30 10/4/04 Spokane, WA (PW) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

Courtroom Deputy Modification (Utility Event) ; Telephone status conf set 10:00 9/21/04 Spokane, WA (PW) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

Courtroom Deputy Modification (Utility Event) ; Telephone status conf reset 2:30 10/14/04 Spokane, WA (PW) (Entered: 10/01/2004)

Oct. 1, 2004

Oct. 1, 2004

13

MOTION for Order Amending Scheduling Order 7 by Highland Fruit Growers Inc. (LE, Case Administrator) (Entered: 10/14/2004)

Oct. 12, 2004

Oct. 12, 2004

14

Points and Authorities in Support re 13 MOTION to Amend Court's Scheduling Order 7, filed by Highland Fruit Growers Inc. (LE, Case Administrator) (Entered: 10/14/2004)

Oct. 12, 2004

Oct. 12, 2004

15

CERTIFIED STATEMENT of Brendan V. Monahan in Support of 13 MOTION to Amend Court's Scheduling Order 7, filed by Highland Fruit Growers Inc. (Attachments: # 1 Stipulated & Proposed Amendments to Scheduling Order)(LE, Case Administrator) (Entered: 10/14/2004)

Oct. 12, 2004

Oct. 12, 2004

16

MOTION for Order to Expedite by Highland Fruit Growers Inc. (Attachments: # 1 Text of Proposed Order)(LE, Case Administrator) (Entered: 10/14/2004)

Oct. 12, 2004

Oct. 12, 2004

17

RESPONSE to Motion re 13 MOTION to Amend Court's Scheduling Order 7,, 16 MOTION to Expedite filed by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe. (LE, Case Administrator) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

18

DECLARATION by Carmen Flores in Support of 17 Response to Defendant's Motion for Order Amending Scheduling Order by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe. (Attachments: # 1 Exhibits 1 through 3; # 2 Exhibits 4 through 6)(LE, Case Administrator) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

19

PROOF OF SERVICE by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe re 17 Response to Motion, 18 Declaration, (LE, Case Administrator) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

20

ORDER GRANTING MOTIONS: granting 13 Motion to Amend/Correct, granting 16 Motion to Expedite. A telephonic scheduling conf will be held 11/9/04 at 8:30 a.m. with pltf to initiate the call. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

21

ORDER REFERRING CASE to Magistrate Judge - for Settlement Conference - Michael W. Leavitt. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

Set/Reset Hearings: Telephonic Scheduling Conference set for 11/9/2004 08:30 AM before Chief Judge Fred Van Sickle w/plaintiff to initiate the call. See Order 20 filed 10/19/04. (LE, Case Administrator) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

22

ORDER SETTING SETTLEMENT CONFERENCE re 21 Order Referring Case to Magistrate Judge - Settlement Conference. Settlement Conference set for 1/12/2005 09:00 AM in Yakima before Magistrate Judge Michael W. Leavitt . Signed by Judge Michael W. Leavitt. (LE, Case Administrator) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

23

STATUS REPORT Amended Scheduling Certificate by Highland Fruit Growers Inc. (Monahan, Brendan) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

24

Minute Entry for TELEPHONIC proceedings held before Judge Fred Van Sickle : Scheduling Conference held on 11/22/2004. ( Not Reported) (PW, Courtroom Deputy) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

25

SCHEDULING CONFERENCE ORDER: Pretrial Conference set for 7/5/2005 08:30 AM in Spokane before Chief Judge Fred Van Sickle. Jury Trial set for 7/25/2005 09:00 AM in Yakima before Chief Judge Fred Van Sickle. Signed by Judge Fred Van Sickle. (CR, Case Administrator) (Entered: 11/24/2004)

Nov. 24, 2004

Nov. 24, 2004

26

Minute Entry for proceedings held before Judge Michael W. Leavitt: Settlement Conference held on 1/12/2005. (Reported/Recorded by: FTR-Y) (AG, Courtroom Deputy) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

27

ORDER CLOSING FILE; this case has been settled; DCE directed to close file. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

28

NOTICE by Equal Employment Opportunity Commission Consent Decree and Proposed Order of Dismissal (Attachments: # 1)(Flores, Carmen) Modified on 2/9/2005 **NOTE: THIS IS A PROPOSED ORDER; ATTORNEY WILL FORWARD COPY OF ORDER TO JUDGE'S CHAMBERS** (LE, Case Administrator). (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

29

CONSENT DECREE AND ORDER OF DISMISSAL; based on stipulated agreement of the parties, this lawsuit is dismissed with prejudice and without costs or attorneys' fees to any party. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

Clearinghouse

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: Feb. 14, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Highland Fruit Growers Inc (Yakima, WA ), 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

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: 150000

Order Duration: 2005 - 2009

Content of Injunction:

Expungement of Employment Record

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

Auditing

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit