Case: EEOC v. RIVERA VINEYARDS INC (d/b/a BLAS RIVERA VINEYARDS)

5:03-cv-01117 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2003

Closed Date: 2008

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Case Summary

The Los Angeles District Office brought this action in the U.S. District Court for the Central District of California, Eastern Division, against Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, and Oasis Distributing. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII. Specifically, the complaint alleged that Defendant subjected the charging parties, and other similarly situated female employees, to sexual harassment, retaliated against them for …

The Los Angeles District Office brought this action in the U.S. District Court for the Central District of California, Eastern Division, against Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, and Oasis Distributing. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII. Specifically, the complaint alleged that Defendant subjected the charging parties, and other similarly situated female employees, to sexual harassment, retaliated against them for opposing the conduct, and segregated them by prohibiting them from working in certain positions. Complainants additionally alleged that they were subject to inappropriate touching and were solicited for sexual favors.

The case was referred to an ADR Pilot Program in May 2004 and in June 2004, a consent decree was entered. The decree provided that Defendants would be joint and severally liable for a total sum of $1,050,000, which was paid according to a payment plan and was to be put into a fund for the "Class". The decree also provided for annual training and required Defendant to implement various anti-discrimination policies. Additionally, Defendant was required to hire an EEOC consultant to oversee its compliance with the decree and its new anti-discrimination policies. Defendant was further required to report annually to the EEOC as to its applicant and new hires, providing reasons when female candidates were not hired or promoted. The decree was to last for three years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (6/14/2007)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

Document

5:03-cv-01117

Docket

EEOC v. Rivera Vineyards Inc, et al

June 14, 2005

June 14, 2005

Docket
1

5:03-cv-01117

Complaint

EEOC v. Rivera Vineyards, Inc.

Sept. 29, 2003

Sept. 29, 2003

Complaint
24

5:03-cv-01117

Consent Decree

EEOC v. Rivera Vineyards Inc et al

June 14, 2005

June 14, 2005

Settlement Agreement

5:03-cv-01117

EEOC Joint Press Release

EEOC v. Rivera Vineyards

No Court

June 15, 2005

June 15, 2005

Press Release

Resources

Docket

Last updated March 29, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) Issd referred to Discovery Stephen G. Larson; Jury trial demanded (am) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

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2

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff EEOC (am) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (am) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

4

WAIVER OF SERVICE of SUMMONS by defendant Rivera Vineyards Inc sent by plf on 10/3/03 (mrgo) (Entered: 11/07/2003)

Nov. 5, 2003

Nov. 5, 2003

6

ANSWER filed by defendant Rivera Vineyards Inc, defendant Linda Vineyards Inc, defendant BR Company, defendant Oasis Distributing to complaint [1-1] (am) (Entered: 12/02/2003)

Nov. 28, 2003

Nov. 28, 2003

5

NOTICE OF DISCREPANCY AND ORDER by Judge Robert J. Timlin ordering Answer to complaint submitted by defendant Rivera Vineyards Inc, defendant Linda Vineyards Inc, defendant BR Company, defendant Oasis Distributing received on 11/28/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (am) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

7

NOTICE OF CHANGE Of Address filed by atty William S Marrs for defendant Oasis Distributing; New address: 17620 Fitch Street, Irvine, CA 92614-6032; Telephone number (949)885-2253; Facsimile number (949)809-6253 (ad) (Entered: 12/23/2003)

Dec. 19, 2003

Dec. 19, 2003

8

MINUTES: ORDER SETTING SCHEDULING CONFERENCE-(FRCP 16(b)): This matter is set for a Scheduling Conference 5/10/2004 11:00 AM by Honorable Robert J. Timlin; Court Reporter: NONE (ad, ) (Entered: 01/16/2004)

Jan. 13, 2004

Jan. 13, 2004

9

STIPULATION TO PERMIT PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT; ORDER by Judge Robert J. Timlin : FOR GOOD CAUSE SHOWN, it is hereby ordered that 1. Plaintiff United States Equal Employment Opportunity Commission may file its First Amended Complaint; 2. Defendants waived notice and service of the First Amended Complaint and shall not be required to answer the amendment, and that all denials, responses and affirmative defenses contained in the answer filed by defendants to the original complaint shall be responsive to Plaintiff's First Amended Complaint; IT IS SO ORDERED.(ad, ) (Entered: 03/10/2004)

March 8, 2004

March 8, 2004

10

FIRST AMENDED COMPLAINT against defendants BR Company, Does, Linda Vineyards Inc, Oasis Distributing, Rivera Vineyards Inc amending Complaint - (Discovery)[1] ; Jury Demand,filed by plaintiff Equal Employment Opportunity Commission (mrgo, ) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

11

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 14 to 18 days. (am, ) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

12

ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney Elizabeth Esparza-Cervantes, William S Marrs on behalf of Defendants BR Company, Linda Vineyards Inc, Oasis Distributing, Rivera Vineyards Inc, Plaintiff Equal Employment Opportunity Commission.(am, ) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

13

ORDER/REFERRAL TO ADR PILIOT PROGRAM by Judge Robert J. Timlin, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference.(ad, ) (Entered: 05/11/2004)

May 10, 2004

May 10, 2004

14

MINUTES: SCHEDULING CONFERENCE: Court and counsel discuss the management of the case. Court ORDERS the following case management schedule: DISCOVERY CUT/OFF (Including Expert) is 2/18/05 (Counsel orally Stipulate that the Interrogatories are Limited to 50 per side and to 20 Depositions per side); PLEADING MOTION CUT/OFF (filed by) is 8/20/04; DISPOSITIVE MOTION CUT/OFF (filed by) is 3/21/05; PRE-TRIAL CONFERENCE is 7/8/05 at 1:30 PM; JURY TRIAL is 7/19/05 at 8:30 AM, EST: 18 Days by Judge Robert J. Timlin; Court Reporter: Phyllis Preston (ad, ) (Entered: 05/11/2004)

May 10, 2004

May 10, 2004

15

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that John David Weiss may serve as Attorney Settlement Officer for a Local Rule 16-14 Settlement Conference.(am, ) (Entered: 05/19/2004)

May 18, 2004

May 18, 2004

16

NOTICE of Change of Address by attorney Elizabeth Esparza-Cervantes for Plaintiff Equal Employment Opportunity Commission, changing address to 350 The Embarcadero, Suite 500, San Francisco, CA 94105-1260. Telephone (415) 625-5658; facsimile (415) 625-5657. Filed by plaintiff Equal Employment Opportunity Commission (mg, ) (Entered: 09/30/2004)

Sept. 21, 2004

Sept. 21, 2004

FAX number for Attorney Elizabeth Esparza-Cervantes is 415-625-5657. (mg, ) (Entered: 09/30/2004)

Sept. 21, 2004

Sept. 21, 2004

17

STIPULATION AND ORDER by Judge Robert J. Timlin: Discovery cut-off continued to 3/17/2005.(am, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

18

STIPULATION AND ORDER by Judge Robert J. Timlin: Discovery cut-off is continued to 4/18/2005; the last day to file discovery motion is continued to 5/23/05; and the dispositive motion cutoff is continued to 5/18/2005.(am, ) (Entered: 02/17/2005)

Feb. 1, 2005

Feb. 1, 2005

19

NOTICE of Association of Counsel associating attorney Shawn E Caine on behalf of Defendants Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, Oasis Distributing. Filed by defendants Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, Oasis Distributing (am) (Entered: 02/25/2005)

Feb. 23, 2005

Feb. 23, 2005

20

MINUTES OF IN CHAMBERS ORDER REGARDING JOINT STATUS REPORT by Judge Consuelo B. Marshall: The Court orders the parties inthe above entitled action to meet and confer within 10 days of the date of this Order and to file a joint status report within 15 days thereafter consisting of not more than 2 pages. This report shall include: (1) Summary of the case (briefly describe the facts surrounding your case); (2) Status of the Case (previous rulings, pending motion, what, if any, future action will be require); (3) Suggestion of procedures that would result in resolution of the case; Additionally, Plaintiff should forward a courtesy copy of the filed joint status report to Chief Judge Consuelo B. Marshall at the United States District Court, 312 North Spring Street, Los Angeles, California 90012.Court Reporter: n/a. (shb, ) (Entered: 04/05/2005)

April 4, 2005

April 4, 2005

21

JOINT STATUS REPORT AND ORDER by Judge Robert J. Timlin: Status Conference set for 6/20/2005 08:30 AM before Honorable Robert J. Timlin.(am, ) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

22

MINUTES OF (IN CHAMBERS)Notice To All Parties And ORDER by Judge R. Gary Klausner : After review of the Joint Status Report submitted by the parties, the Court hereby orders the parties to appear for a Status Conference set for 5/23/2005 09:00 AM before Honorable R. Gary Klausner.Court Reporter: not reported. (bg, ) (Entered: 05/05/2005)

May 4, 2005

May 4, 2005

23

MINUTES OF Status Conference before Judge R. Gary Klausner : Court and counsel confer. Counsel inform the Court that the matter is close to settlement. The Court continues the Status Conference to 6/27/05 at 9:00 am. If the dismissal is filed before 6/27/05, no appearances will be necessary.Court Reporter: Lynne Smith. (bg, ) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

Set Deadlines/Hearings: Status Conference set for 6/27/2005 09:00 AM before Honorable R. Gary Klausner. (bg, ) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

24

CONSENT JUDGMENT by Judge Robert J. Timlin in favor of Equal Employment Opportunity Commission and against plaintiff Equal Employment Opportunity Commission. The Court hereby retains jurisidcition and the provisions of the foregoing Consent Decree and hereby approved and compliance with all provisions thereof is fair and adequate. (MD JS-6, Case Terminated)(am, ) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

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Case Details

State / Territory: California

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. 1, 2003

Closing Date: 2008

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

Blas Rivera, Private Entity/Person

Does 1-7, Private Entity/Person

Oasis Distributing, Private Entity/Person

BR Company, Private Entity/Person

Linda Vineyards Inc, Private Entity/Person

Rivera Vineyards, Inc, 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: 1050000

Order Duration: 2005 - 2008

Content of Injunction:

Reinstatement

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Auditing

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits