Case: EEOC v. Kovacevich 5 Farms

1:06-cv-00165 | U.S. District Court for the Eastern District of California

Filed Date: Feb. 13, 2006

Closed Date: Dec. 1, 2008

Clearinghouse coding complete

Case Summary

On February 13, 2006, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued Kovacevich 5 Farms for violation of Title VII of the Civil Rights Act of 1946. The EEOC represented six female applicants who alleged that Kovavevich 5 Farms had refused to hire them because of their sex. The plaintiffs sought injunctive relief and financial compensation. On August 23, 2006, the six female applicants filed…

On February 13, 2006, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued Kovacevich 5 Farms for violation of Title VII of the Civil Rights Act of 1946. The EEOC represented six female applicants who alleged that Kovavevich 5 Farms had refused to hire them because of their sex. The plaintiffs sought injunctive relief and financial compensation.

On August 23, 2006, the six female applicants filed a complaint in intervention to be interveners in the EEOC’s suit. The defendant moved to dismiss the intervenors' suit for failure to state a claim, which was denied. 2006 WL 3050149 (E.D. Cal. 2006). The defendant also moved for summary judgment on the intervenors' claims, and the intervenors moved to certify a class. The defendant's motion for summary judgment was denied, and the intervenors' motion to certify a class was deferred. 2007 WL 1174444 (E.D. Cal. 2007).

On November 26, 2008, District Court Judge Oliver W. Wagner approved the proposed consent decree. The consent decree was set to last for five years and included $1,680,000 in monetary relief for the six female applicants and the class of workers represented. The decree also included injunctive relief. It enjoined the defendant from future discrimination or retaliation; required the defendant revise its EEO, hiring, and complaint policies; required anti-discrimination trainings for all current and new employees; and required hiring goals for female employees. Its effective period was five years, and there is nothing further on the docket - so presumably the matter ended in 2013.

Summary Authors

Kevin Wilemon (5/23/2008)

Gabriela Hybel (10/30/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5727837/parties/equal-employment-opportunity-commission-v-kovacevich-5-farms/


Judge(s)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Patricia (California)

Offen-Brown, David F. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Barsamian, Ronald H (California)

Lucas, Stacy Renee (California)

Olmos, R Thomas (California)

Other Attorney(s)

Active

Expert/Monitor/Master

Ordonio-Dixon, Linda Susan (California)

Judge(s)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Patricia (California)

Offen-Brown, David F. (California)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Barsamian, Ronald H (California)

Lucas, Stacy Renee (California)

Olmos, R Thomas (California)

Other Attorney(s)

Camacho, Marcos (California)

Expert/Monitor/Master

Ordonio-Dixon, Linda Susan (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 1, 2008 Docket

Complaint

EEOC v. Kovacevich "5" Farms

Feb. 13, 2006 Complaint
26

Complaint in Intervention

EEOC and Delia Casas, Myriam Cazares, Miriam Delgado, Patricia Delgado, Flor Rivera and Terri Salcido v. Kovacevich "5" Farms

Aug. 23, 2006 Complaint
42

Order [Denying Motion to Dismiss]

EEOC v. Kovacevich “5” Farms

2006 WL 3060149

Oct. 27, 2006 Order/Opinion
76

Order [Re: Motion for Class-Certification and Motion for Summary Adjudication]

EEOC v. Kovacevich "5" Farms

2007 WL 1174444, 2007 U.S.Dist.LEXIS 32330

April 19, 2007 Order/Opinion
79

Order [RE: Motion to Compel]

EEOC v. Kovacevich "5" Farms

2007 WL 1599772

June 4, 2007 Order/Opinion
117

Consent Decree

Dec. 1, 2008 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5727837/equal-employment-opportunity-commission-v-kovacevich-5-farms/

Last updated May 20, 2022, 12:57 a.m.

ECF Number Description Date Link
19

ORDER VACATING HEARING on 8/7/2006 re 14 MOTION for Leave to INTERVENE - signed by Judge Goldner on 8/3/2006. (Leon Guerrero, A)

Aug. 3, 2006 RECAP
1

COMPLAINT against Kovacevich 5 Farms, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Hernandez, Evangelina) (Entered: 02/13/2006)

Feb. 13, 2006
20

ORDER granting 14 Motion to Intervene signed by Judge Theresa A. Goldner on 8/7/2006. (Leon Guerrero, A)

Aug. 7, 2006 RECAP
2

CLERK'S NOTICE to plaintiff's counsel Evangelina Patricia Hernandez: A fee in the amount of $250.00 is required and may be submitted electronically using the event New Case Credit Card Payments. Your case will not be filed until the fee is paid (Local Rule 77−121c). If you wish to pay the fee in cash, check or money order, you must do so within 48 hours of lodging your complaint. (Hutcheson, C) (Entered: 02/14/2006)

Feb. 14, 2006
3

NOTICE of APPEARANCE by Evangelina Patricia Hernandez on behalf of Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 02/14/2006)

Feb. 14, 2006
25

ORDER AMENDING SCHEDULING ORDER 10 - Intervenors to file and serve complaint by 8/18/2006 - signed by Judge Goldner on 8/18/2006. (Leon Guerrero, A)

Aug. 18, 2006 RECAP
31

ORDER BIFURCATING LIABILITY AND DAMAGE PHASES OF TRIAL signed by Judge Theresa A. Goldner on 09/18/2006. (Lucas, L)

Sept. 19, 2006 RECAP
4

SUMMONS ISSUED as to *Kovacevich 5 Farms* with answer to complaint due within *20* days. Attorney *Evangelina Patricia Hernandez* *U.S. Equal Employment Opportunity Commission* *350 The Embarcadero, Ste. 500* *San Francisco, CA 94105*. (Carter−Ford, R) (Entered: 02/15/2006)

Feb. 15, 2006
36

STIPULATED PROTECTIVE ORDER - signed by Judge Theresa A. Goldner on 10/5/2006. (Leon Guerrero, A)

Oct. 5, 2006 RECAP
5

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/4/2006 at 09:15 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Carter−Ford, R) (Entered: 02/15/2006)

Feb. 15, 2006

TEXT MESSAGE ONLY: Clerk's Notice of Docket Correction − case has been reassigned from the docket of Magistrate Judge Sandra Snyder to the docket of Magistrate Judge Theresa Goldner. The case was reassigned because defendant's place of business is in Kern County which, therefore, should be heard before Judge Goldner. (Rooney, M) (Entered: 02/22/2006)

Feb. 22, 2006
42

ORDER denying 28 Motion to Dismiss signed by Judge Oliver W. Wanger on 10/27/06. (Robles, S)

Oct. 27, 2006 RECAP

MINUTE ORDER (TEXT Only): Initial Scheduling Conference set for MAY 4, 2006 at 09:30 AM in Bakersfield at 1200 Truxtun Ave., #120 (TAG) before Judge Theresa A. Goldner. NOTE: hearing was previously set before Judge Snyder for the same day but at 9:15am. (Herman, H) (Entered: 02/24/2006)

Feb. 24, 2006
49

ORDER continuing oral argument re plaintiff/intervenors motion for class certification from 11/20/2006 to 12/11/2006 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger and directing plaintiff/intervenors to file supplemental reply brief signed by Judge Oliver W. Wanger on 11/14/2006. (Lucas, G)

Nov. 14, 2006 RECAP
59

STIPULATION and ORDER re 58 . Settlement Conference reset for 2/7/2007 at 10:00 AM in Bakersfield at 1200 Truxtun (TAG) before Magistrate Judge Theresa A. Goldner - signed by Judge Theresa A. Goldner on 11/30/2006. Parties to submit individual Set tlement Conference Statements directly to Judge Goldner no later than 1/31/2007 either by email to tagorders@caed.uscourts.gov or by mail to 1200 Truxtun Avenue, Suite 120, Bakersfield, CA, 93312. DO NOT ELECTRONICALLY FILE on CM/ECF. (Leon Guerrero, A)

Nov. 30, 2006 RECAP
6

STIPULATION to Extend Time to Respond to Complaint by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 03/08/2006)

March 8, 2006
7

ANSWER to COMPLAINT by Kovacevich 5 Farms.(Barsamian, Ronald) (Entered: 04/13/2006)

April 13, 2006
72

JOINT STIPULATION and ORDER TO VACATE AND RESET LITIGATION SCHEDULE signed by Judge Oliver W. Wanger on 3/6/07 ORDERING Expert Disclosure due by 10/5/2007. Supplemental Expert Disclosure due by 11/2/07. Discovery: (Non-Expert) due by 11/2/2007; (Ex pert) due by 12/21/07. Dispositive Motion due by 2/25/2008, Hearing 3/31/08. Non-Dispositive Motions due by 1/14/2008, Hearing 2/18/08. Jury Trial set for 6/17/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Pretrial Conference set for 5/5/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Carter-Ford, R)

March 7, 2007 RECAP
8

JOINT SCHEDULING REPORT by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Entered: 04/27/2006)

April 27, 2006
76

ORDER DENIED without prejudice 51 MOTION FOR SUMMARY ADJUDICATION filed by Kovacevich 5 Farms, DEFFERED 41 MOTION to CERTIFY CLASS Memorandum of Pts & Auths, filed by Delia Casas, signed by Judge Oliver W. Wanger on 4/18/7. (Kusamura, W)

April 19, 2007 RECAP
9

MINUTES (TEXT ENTRY ONLY) for proceedings held before Judge Theresa A. Goldner: SCHEDULING CONFERENCE held on 5/4/2006. Court to issue Scheduling Conference Order. Plaintiffs Counsel E. Hernandez (telephonic) present. Defendants Counsel R. Barsamian and A. Raimondo (telephonic) present. (Leon Guerrero, A) (Entered: 05/05/2006)

May 5, 2006
79

ORDER granting in part and denying in part defendant Kovacevich 5 Farms' Motion to Compel Discovery signed by Judge Theresa A. Goldner on 6/1/2007. (Leon Guerrero, A)

June 4, 2007 RECAP
84

STIPULATION and ORDER 83 . Further Settlement Conference set for 2/11/2008 at 10:00 AM in Courtroom 8 (TAG) in Fresno before Magistrate Judge Theresa A. Goldner signed by Judge Theresa A. Goldner on 12/28/2007. (Leon Guerrero, A)

Dec. 28, 2007 RECAP
10

SCHEDULING ORDER: Rule 26 disclosures 5/19/2006. Expert Disclosure due by 3/2/2007. Supplemental Expert disclosure deadline 4/6/2007. Expert Discovery due by 6/15/2007. Non−expert discovery due by 4/6/2007. Non−Dispositive Motions due by 6/29/2007, hearing by 7/23/2007. Dispositive Motion due by 8/17/2007, hearing by 9/24/2007. Settlement Conference set for 11/16/2006 at 10:00 AM in Bakersfield at 1200 Truxtun (TAG) before Judge Goldner. Pretrial Conference set for 11/15/2007 at 10:00 AM in Bakersfield at 1200 Truxtun (TAG) before Judge Goldner. Jury Trial set for 1/22/2008 at 09:00 AM in Courtroom 1 (REC) before Senior Judge Coyle (jury trial − 15 days if bifurcated, 45 days otherwise) − signed by Judge Goldner on 6/9/2006. (Leon Guerrero, A) (Entered: 06/09/2006)

June 9, 2006
94

Joint Stipulation Not to Use Claimant Flor Rivera to Establish Liability Order; ORDER signed by Judge Oliver W. Wanger on 3/13/2008. (Esteves, C)

March 17, 2008 RECAP
11

ORDER by Chief Judge David F. Levi ORDERING this action REASSIGNED to Judge Oliver W. Wanger for all further proceedings due to the senior status of Judge Robert E. Coyle. (Kusamura, W) (Entered: 06/12/2006)

June 12, 2006
95

Jiont Stipulation to Vacate Litigation Schedule and Reset Expert Deadlines to Later Dates and ORDER signed by Judge Oliver W. Wanger on 3/14/2008. (Expert Disclosure due 4/8/2008; Supplemental Expert Disclosure due 5/5/2008; Expert Discovery due 5/15/2008.) (Esteves, C)

March 17, 2008 RECAP
13

STIPULATION TO AMEND ANSWER by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 06/15/2006)

June 15, 2006
14

MOTION to INTERVENE & for leave to intervene by Delia Casas, Myriam Cazares, Miriam Delgado, Patricia Delgado, Flor Rivera, TERRI SALCIDO. Attorney Olmos, Robert Tomas added. Motion Hearing set for 8/7/2006 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Attachments: # 1 Declaration Declaration Olmos & Exhibit A − Complaint in Intervention# 2 Points and Authorities Pts & Auths in Support of Motion to Intervene# 3 Proposed Order Proposed Order Granting Leave to Intervene)(Olmos, Robert) (Entered: 06/20/2006)

June 20, 2006
103

STIPULATION and ORDER GRANTING MOTION to VACATE Hearing on Summary Judgment and Pretrial and Reset Them For A Different Date 101 . Defendant's Motion for Summary Judgment 98 currently set for 9/15/08 is continued to 10/22/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Court also continues the pretrial conference currently set for 10/20/08 to 11/3/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 8/19/08. (Rooney, M)

Aug. 20, 2008 RECAP
15

STATEMENT of NON−OPPOSITION to MOTION re 14 MOTION to INTERVENE & for leave to intervene . (Ordonio−Dixon, Linda) (Entered: 06/27/2006)

June 27, 2006
108

ORDER on JOINT STIPULATION to Vacate the Hearing for Defendant's Motion for Summary Judgment and Reset it for 30 Days Signed by Judge Oliver W. Wanger on 10/16/2008. Defendants pending motion for summary judgment scheduled to be heard on October 20, 2008 is reset to November 24, 2008. (Arellano, S.)

Oct. 17, 2008 RECAP
16

FIRST AMENDED ANSWER to COMPLAINT by Kovacevich 5 Farms.(Barsamian, Ronald) (Entered: 06/29/2006)

June 29, 2006
111

ORDER granting motion to extend time to file settlement documents from 11/14/2008 to 11/18/2008. Order signed by Judge Oliver W. Wanger on 11/17/2008. (Timken, A)

Nov. 18, 2008 RECAP
117

CONSENT DECREE signed by Judge Oliver W. Wanger on 11/26/2008. This Consent Decree shall terminate five (5) years from the date of its entry by the Court, unless the Commission petitions this Court for an extension of the Decree because of non-compliance by K-5. (Arellano, S.)

Dec. 1, 2008 RECAP
17

STATEMENT of NON−OPPOSITION to MOTION re 14 MOTION to INTERVENE & for leave to intervene . OF DEFENDANT KOVACEVICH "5" FARMS (Barsamian, Ronald) (Entered: 07/19/2006)

July 19, 2006
18

CERTIFICATE of SERVICE by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 07/20/2006)

July 20, 2006
21

JOINT SCHEDULING REPORT by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 08/10/2006)

Aug. 10, 2006
22

MOTION to BIFURCATE (JOINT) by Kovacevich 5 Farms. Motion Hearing set for 9/18/2006 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Attachments: # 1 Points and Authorities in Support of Joint Motion# 2 Proposed Order)(Barsamian, Ronald) (Entered: 08/10/2006)

Aug. 10, 2006
23

MINUTE ORDER (TEXT ENTRY ONLY) by Deputy Clerk ADVANCING Follow−up Scheduling Conference from 9:30 am to 9:00 am on 8/17/2006 before Judge Goldner in Bakersfield at 1200 Truxtun (TAG). Parties may appear telephonically. (Leon Guerrero, A) (Entered: 08/11/2006)

Aug. 11, 2006
24

MINUTES (Text Only) for proceedings held before Judge Goldner: TELEPHONIC Follow−up SCHEDULING CONFERENCE held on 8/17/2006. Court to issue Order. Plaintiffs Counsel E. Hernandez and Plaintiff Counsel in Intervention R. Olmos present. Defendants Counsel R. Barsamian present. (Leon Guerrero, A) (Entered: 08/18/2006)

Aug. 18, 2006
26

INTERVENOR COMPLAINT by Delia Casas, Myriam Cazares, Miriam Delgado, Patricia Delgado, Flor Rivera and Terri Salcido by Delia Casas.(Olmos, Robert) (Entered: 08/23/2006)

Aug. 23, 2006
27

STIPULATION and PROPOSED ORDER re 22 MOTION to BIFURCATE (JOINT) by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 09/07/2006)

Sept. 7, 2006
28

MOTION to DISMISS INTERVENORS' SECOND CLAIM FOR RELIEF by Kovacevich 5 Farms. Motion Hearing set for 10/16/2006 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Points and Authorities Points & Authorities in Support of Motion to Dismiss# 2 Declaration Declaration of Ronald H. Barsamian in Support of Motion to Dismiss# 3 Proposed Order Proposed Order on Moton to Dismiss# 4 Declaration Declaration of Anthony P. Raimondo in Support of Motion# 5 Declaration Exhibits A−G to Declaration of Anthony P. Raimondo)(Barsamian, Ronald) (Entered: 09/12/2006)

Sept. 12, 2006
29

EXHIBIT Attachment 1 to Memorandum of Points & Authorities in Support of Motion to Dismiss . (Barsamian, Ronald) (Entered: 09/12/2006)

Sept. 12, 2006
30

MINUTE ORDER (TEXT Only) signed by Judge Theresa A. Goldner on 9/15/2006: The Court hereby VACATES the Motion Hearing of 9/18/06 at 10:00am before Judge Goldner re: 22 Motion to Bifurcate, and the 27 Stipulation and Proposed Order re Motion to Bifurcate − MOTIONS are SUBMITTED on the pleadings. (Herman, H) (Entered: 09/15/2006)

Sept. 15, 2006
32

STIPULATION and PROPOSED ORDER TO CONTINUE SETTLEMENT CONFERENCE by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 09/27/2006)

Sept. 27, 2006
33

MINUTE ORDER (TEXT ONLY) by Deputy Clerk RESETTING Settlement Conference from 11/16/2006 to 12/6/2006 at 10:00 AM in Bakersfield at 1200 Truxtun (TAG) before Judge Goldner. Counsel to submit confidential settlement conference reports directly to Judge Goldner no later than 11/29/2006. (Leon Guerrero, A) (Entered: 09/27/2006)

Sept. 27, 2006
34

PROPOSED ORDER [STIPULATED PROTECTIVE ORDER] by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 09/29/2006)

Sept. 29, 2006
35

MEMORANDUM/RESPONSE in OPPOSITION. Opposition to Defendant;s Motion to Dismiss Intervenors' Second Claim for Reliev (Olmos, Robert) (Entered: 10/02/2006)

Oct. 2, 2006
37

REPLY to RESPONSE to MOTION. TO DISMISS INTERVENORS' SECOND CLAIM FOR RELIEF (Barsamian, Ronald) (Entered: 10/06/2006)

Oct. 6, 2006
38

MEMORANDUM/RESPONSE in OPPOSITION re 28 MOTION to DISMISS INTERVENORS' SECOND CLAIM FOR RELIEF . Intervenors' Request to File Supplemental Authority in Opposition re 28 Motion to Dismiss Intervenors' 2nd Claim for Relief (Olmos, Robert) (Entered: 10/11/2006)

Oct. 11, 2006
39

REPLY/RESPONSE to to Intervenors' Request to File Supplelmental Authority by Kovacevich 5 Farms re 38 Memorandum/Response in Opposition to Motion,. (Barsamian, Ronald) (Entered: 10/12/2006)

Oct. 12, 2006
40

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION TO DISMISS HEARING held on 10/16/2006. Matter argued and submitted. Plaintiffs Counsel J. Lynch / E. Hernandez present. Defendants Counsel A. Raimondo / R. Barsamian present. Court Reporter/CD Number: P. Crawford. (Robles, S) (Entered: 10/16/2006)

Oct. 16, 2006
41

MOTION to CERTIFY CLASS Memorandum of Pts & Auths, Declaration of Tomas Olmos in Support by Delia Casas. Motion Hearing set for 11/20/2006 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Olmos, Robert) (Entered: 10/16/2006)

Oct. 16, 2006
43

ANSWER to INTERVENOR COMPLAINT by Kovacevich 5 Farms.(Barsamian, Ronald) (Entered: 11/03/2006)

Nov. 3, 2006
44

STATEMENT of NON−OPPOSITION to MOTION re 41 MOTION to CERTIFY CLASS Memorandum of Pts & Auths, Declaration of Tomas Olmos in Support . by Plaintiff EEOC (Attachments: # 1 Affidavit of Linda Ordonio−Dixon# 2 Exhibit A through D to Ordonio−Dixon Decl.)(Ordonio−Dixon, Linda) (Entered: 11/03/2006)

Nov. 3, 2006
46

REPLY/RESPONSE to Plaintiff EEOC's Brief in Support of Motion for Class Certification by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 11/06/2006)

Nov. 6, 2006
47

REPLY to RESPONSE to MOTION. Plaintiff Intervenors' Reply to Defendant's Opposition to Motion for Class Certification (Olmos, Robert) (Entered: 11/13/2006)

Nov. 13, 2006
48

REPLY to RESPONSE to MOTION. Plaintiff EEOC's Response to Defendant's Reply to Non−Opposition in Support of Motion for Class Certification (Ordonio−Dixon, Linda) (Entered: 11/13/2006)

Nov. 13, 2006
50

REPLY to RESPONSE to MOTION. FOR CLASS CERTIFICATION (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
51

MOTION FOR SUMMARY ADJUDICATION by Kovacevich 5 Farms. Motion Hearing set for 1/8/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
52

MEMORANDUM by Kovacevich 5 Farms. POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
53

STATEMENT of UNDISPUTED FACTS by Defendant Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
54

DECLARATION of ANTHONY P. RAIMONDO in SUPPORT OF. MOTION FOR SUMMARY ADJUDICATION (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
55

PROPOSED ORDER ON MOTION FOR SUMMARY ADJUDICATION. (Barsamian, Ronald) (Entered: 11/14/2006)

Nov. 14, 2006
56

MINUTE ORDER: TEXT ONLY ENTRY − In addition to electronic filing, a courtesy paper copy of all MOTIONS FOR SUMMARY JUDGMENT shall be submitted to the court. This includes a copy of all moving papers, responses and replies. All documents shall be properly fastened and tabbed. If the courtesy copies have already been sent, this notice may be disregarded. (Lucas, G) (Entered: 11/15/2006)

Nov. 15, 2006
57

REPLY to RESPONSE to MOTION. Plaintiff Intervenors' Reply Brief in Response to Defendant's Opposition to Motion for Class Certification (Attachments: # 1 Declaration Supplemental Declaration of R. Olmos in Support of Plaintiff Intervenors' Reply Brief in Response to Defendant's Opposition to Motion for Class Certification)(Olmos, Robert) (Entered: 11/27/2006)

Nov. 27, 2006
58

STIPULATION and PROPOSED ORDER Vacate Mediation Set for December 6th and Reset it for February 7th by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 11/29/2006)

Nov. 29, 2006
60

MINUTE ORDER: TEXT ONLY ENTRY − The Motion to Certifiy Class Hearing currently set for 12/11/06 has been continued to 1/8/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Robles, S) (Entered: 12/07/2006)

Dec. 7, 2006
61

MEMORANDUM/RESPONSE in OPPOSITION re 51 MOTION FOR SUMMARY ADJUDICATION. (Attachments: # 1 Affidavit of Manuel Hernandez# 2 Affidavit of Yolanda Hernandez# 3 Affidavit of Ordonio−Dixon# 4 Exhibit A through

Dec. 15, 2006
63

REPLY to RESPONSE to MOTION. & POINTS & AUTHORITIES IN SUPPORT OF SUMMARY ADJUDICATION MOTION (Barsamian, Ronald) (Entered: 12/21/2006)

Dec. 21, 2006
64

STATEMENT of Errata by Plaintiff Equal Employment Opportunity Commission re 61 Memorandum/Response in Opposition to Motion. (Attachments: # 1 Affidavit of Ordonio−Dixon# 2 Exhibit)(Ordonio−Dixon, Linda) (Entered: 01/05/2007)

Jan. 5, 2007
65

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTIONS RE CLASS CERTIFICATION AND SUMMARY JUDGMENT HEARING held on 1/8/2007. Motions argued. Any additional briefs to be filed by 1/16/2007. Matter then is submitted. Court Reporter/CD Number: ECRO. (Lucas, G) (Entered: 01/08/2007)

Jan. 8, 2007
66

MEMORANDUM/RESPONSE in OPPOSITION re 51 MOTION FOR SUMMARY ADJUDICATION. *SUPPLEMENTAL BRIEF (Ordonio−Dixon, Linda) (Entered: 01/16/2007)

Jan. 16, 2007
67

SUPPLEMENT by Kovacevich 5 Farms. POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION & IN OPPOSITION TO CLASS CERTIFICATION (Barsamian, Ronald) (Entered: 01/16/2007)

Jan. 16, 2007
68

MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner: SETTLEMENT CONFERENCE held on 2/7/2007. At the request of parties and counsel, and in light of progress made towards settlement, Court agreed to conduct further settlement conference. Counsel to submit joint letter to Court proposing acceptable dates for further settlement conference. Plaintiffs Counsel W. Tamayo and E. Hernandez, Intervenors Counsel R. Tomas Olmos and M. Camacho, Defendants Counsel R. Barsamian and A. Raimondo present. (Leon Guerrero, A) (Entered: 02/08/2007)

Feb. 8, 2007
69

MINUTE ORDER: (TEXT ONLY) A status conference is set for March 27, 2007 at 08:30 AM in Courtroom 8 (LJO) before District Judge Lawrence J. O'Neill. The parties may appear at the conference by arranging a one line conference call and telephoning the court at 559−499−5680. At the conference, the parties should be prepared to discuss the status of the settlement negotiations(Lira, I) (Entered: 02/14/2007)

Feb. 14, 2007
70

MINUTE ORDER: (TEXT ONLY) A Status Conference set 3/27/07 at 8:30am before Judge O'Neill is VACATED. The status conference was issued in error. (Lira, I) (Entered: 02/15/2007)

Feb. 15, 2007
71

STIPULATION and PROPOSED ORDER Stipulation to Reset Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration Dec. of Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 02/23/2007)

Feb. 23, 2007
73

MOTION to COMPEL DISCOVERY RESPONSES FRCP 12(b)(6) by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 03/19/2007)

March 19, 2007
74

MOTION to COMPEL DISCOVERY RESPONSES by Kovacevich 5 Farms. Motion Hearing set for 4/16/2007 at 10:00 AM in Bakersfield at Truxtun (TAG) before Magistrate Judge Theresa A. Goldner. (Attachments: # 1 Declaration Anthony P. Raimondo# 2 Declaration Anthony P. Raimondo (Supplemental)# 3 Declaration

April 11, 2007
77

MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner: MOTION HEARING held on 5/7/2007 73 MOTION to COMPEL DISCOVERY RESPONSES filed by Kovacevich 5 Farms is GRANTED except as to the portion of the motion to compel further responses to Interrogatory No. 2, which the Court takes under submission. Defendant's counsel to submit proposed order forthwith as to the portion of the motion granted; the Court to issue a written ruling as to the portion of the motion taken under submission.Plaintiffs Counsel E. Hernandez (telephonic) present. Defendants Counsel R. Barsamina, P. Moody present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 05/08/2007)

May 8, 2007
78

PROPOSED ORDER RE DEFENDANT KOVACEVICH "5" FARMS' MOTION TO COMPEL DISCOVERY RESPONSES re 73 MOTION to COMPEL DISCOVERY RESPONSES FRCP 12(b)(6) by Kovacevich 5 Farms. (Barsamian, Ronald) (Entered: 05/16/2007)

May 16, 2007
80

NOTICE by Kovacevich 5 Farms. OF CHANGE OF FIRM NAME (Barsamian, Ronald) (Entered: 06/26/2007)

June 26, 2007
81

STIPULATION and PROPOSED ORDER Stipulation to Extend Court Deadlines by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 09/20/2007)

Sept. 20, 2007
82

Joint Stipulation and ORDER to VACATE litigation schedule and reset to later dates: Expert Disclosure 03/15/2008, Supplemental disclosure ddl 04/15/2008, Discovery of non−expert ddl 4/2/2008, Expert Discovery ddl 04/21/2008, Non−Dispositive Motions ddl 5/15/2008, Hearing 06/15/2008, Dispositive Motion ddl 6/26/2008, Heairng 07/30/2008, Pretrial Conference set for 9/5/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Jury Trial set for 12/2/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 9/21/07. (Kusamura, W) (Entered: 09/24/2007)

Sept. 24, 2007
83

STIPULATION and PROPOSED ORDER by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 12/04/2007)

Dec. 4, 2007
85

SUBSTITUTION of ATTORNEY − PROPOSED, submitted by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/10/2008)

Jan. 10, 2008
86

CLERK'S NOTICE to plaintiff's counsel re 85 Substitution of Attorney − Proposed : In the future, to add and/or remove attorneys within your agency, please file a Designation of Counsel (this form is available on the court's website, and the event for filing it is in the Other Documents category). Attorney David Offen−Brown has been added to the docket in place of Jonathan Peck. (Hutcheson, C) (Entered: 01/11/2008)

Jan. 11, 2008
88

MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: SETTLEMENT CONFERENCE held on 2/11/2008. Case did not settle. Plaintiffs Counsel E. Hernandez, W. Tamayo present. Intervenor Plaintiffs Counsel R. Olmos, M. Camacho present. Defendants Counsel R. Barsamian, P. Moody present. (Leon Guerrero, A) (Entered: 02/12/2008)

Feb. 12, 2008
89

NOTICE of Unavailability of Counsel by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 03/10/2008)

March 10, 2008
90

STIPULATION and PROPOSED ORDER To Vacate And Reset Expert Deadlines by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 03/12/2008)

March 12, 2008
91

STIPULATION and PROPOSED ORDER by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 03/12/2008)

March 12, 2008
93

CLERK'S NOTICE of DOCKET CORRECTION: Document 90 , Stipulation and Proposed Order, was filed in error. Please disregard. Document correctly refiled as 92 (Robles, S) (Entered: 03/13/2008)

March 12, 2008
92

STIPULATION and PROPOSED ORDER by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 03/13/2008)

March 13, 2008
96

MINUTE ORDER (Text only) by Deputy Clerk: TELEPHONIC STATUS CONFERENCE re Settlement is SET for 6/25/2008 at 09:00 AM in Bakersfield at 1200 Truxtun (TAG) before Magistrate Judge Theresa A. Goldner. Counsel to telephone 661−326−6620 on a one−line conference call. (Leon Guerrero, A) (Entered: 06/19/2008)

June 19, 2008
97

MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: TELEPHONIC STATUS CONFERENCE re Settlement held on 6/25/2008. Further Settlement Conference set for 7/11/2008 at 10:00 AM U.S. District Court, Fresno in Courtroom 8 (TAG) before Magistrate Judge Theresa A. Goldner. No settlement conference statements required. Plaintiffs Counsel E. Hernandez, T. Olmos, M. Camacho present. Defendants Counsel R. Barsamian, P. Moody present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 06/25/2008)

June 25, 2008
98

MOTION for SUMMARY JUDGMENT by Kovacevich 5 Farms. Motion Hearing set for 7/30/2008 at 01:30 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Points and Authorities in Support of Second Motion for Summary Adjudication, # 2 Declaration of Stacy R. Lucas in Support of Second Motion for Summary Adjudication, # 3 Exhibit A to Declaration of Stacy R. Lucas, # 4 Exhibit B to Declaration of Stacy R. Lucas, # 5 Exhibit C to Declaration of Stacy R. Lucas, # 6 Proposed Order, # 7 Statement of Undisputed Facts)(Barsamian, Ronald) (Entered: 06/26/2008)

June 26, 2008
99

MINUTE ORDER: (TEXT ONLY ENTRY) As Judge Wanger hears his civil motions on Mondays at 10:00 a.m., the Motion for Summary Judgment 98 currently set for 7/30/08, has been continued to the next available Monday. Motion for Summary Judgment Hearing RESET to 9/15/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Pretrial Conference currently set for 9/5/08 has been RESET for 10/20/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 06/27/2008)

June 27, 2008

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 13, 2006

Closing Date: Dec. 1, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Kovacevich 5 Farms (Kern County, CA), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1,680,000

Order Duration: 2008 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit