Case: EEOC v. INDEPENDENT REALTY CAPITAL CORP.

2:04-cv-01827 | U.S. District Court for the District of Arizona

Filed Date: Aug. 31, 2004

Closed Date: Feb. 7, 2008

Clearinghouse coding complete

Case Summary

The Phoenix Office of the EEOC filed this action in the U.S. District Court for the District of Arizona. The Defendant was Independent Realty Capital Corp., a national mortgage lender. The controversy involved alleged sexual harassment and retaliatory discharge of two female employees in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in August 2004 and was resolved by consent decree in February 2006. The complainants, who did not intervene in the case, were awarded a total of $62,500. In addition, the company was required to provide training, to post a Notice, and to adopt a complaint procedure. It was also prohibited from employing the alleged perpetrator. The decree was to last for two years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (8/10/2007)

Documents in the Clearinghouse

Document

2:04-cv-01827

Docket (PACER)

EEOC v. Independent Realty C, et al

Feb. 7, 2006

Feb. 7, 2006

Docket
34

2:04-cv-01827

Consent Decree

EEOC v. Independent Realty C, et al

Feb. 7, 2006

Feb. 7, 2006

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MRB) (Entered: 09/02/2004)

Aug. 31, 2004

Aug. 31, 2004

2

AMENDED COMPLAINT by pla;; jury demand [1-1] ; (DMT) (Entered: 10/18/2004)

Oct. 13, 2004

Oct. 13, 2004

3

RETURN OF SERVICE EXECUTED summons/complaint upon CT Corporation Systems for dft Independent Realty C on 10/20/04 (SAT) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

4

ORDER by Judge Susan R. Bolton that counsel for the plaintiff file a status report within 10 days of the date of this order concerning this case ; status report due 12/20/04 ; FURTHER ORDERED that this matter will be dismissed within 10 days of the date of this order if counsel fails to file a status report ; possbl dsm ddl set for 12/20/04 (cc: all counsel) (SAT) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

6

STATUS REPORT by pla pursuant to court order of 12/7/04 (DMT) (Entered: 12/29/2004)

Dec. 17, 2004

Dec. 17, 2004

5

ORDER by Judge Susan R. Bolton that parties are directed to comply with LRCiv 7.3(a) within 10 days of the date of this order (cc: all counsel) re: order filed [5-1] (SAT) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

7

NOTICE OF APPEARANCE for dft Independent Realty C by Scott William Rodgers, Darrin Jennifer Mollett, Sara Southern (SAT) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

8

STIPULATION to Extend Defendant's Deadline until 1/14/05 to Respond/Answer to Plaintiff's Complaint (amended) [2-1] by pla EEOC, dft Independent Realty C [8-1] (first request) (SAT) (Entered: 01/05/2005)

Jan. 4, 2005

Jan. 4, 2005

9

ORDER by Judge Susan R. Bolton pursuant to the parties' Stipulation [8-1], IT IS HEREBY ORDERED that Defendant Independent Realty Capital Corp shall respond to Plaintiff's Complaint (amended) [2-1] by 1/14/05 (cc: all counsel) (SAT) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

10

ANSWER to complaint (amended) [2-1] by dft (SAT) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

11

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Susan R. Bolton that pursuant to Rule 16, Federal Rules of Civil Procedure, a Pretrial Scheduling Conference is set for 3/7/05 at 10:15 a.m. ; prel scheduling conf set for 10:15 3/7/05 (cc: all counsel) (SAT) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

12

JOINT PROPOSED CASE MGT PLAN by pla, dft (SAT) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

13

MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: P. David Lopez and Karen Netter for pla; Scott Rodgers for dfts. Preliminary scheduling conference held. The Court enters the following deadlines: discovery ddl set for 1/13/06 except experts to be deposed by 2/10/06 ; dispositive motions due 3/10/06; motions in limine to be filed by 8/14/06 w/ responses due 8/23/06 - no reply; PTO ddl set for 8/21/06. IT IS ORDERED setting Pretrial conference on 8/28/06 at 9:30 a.m. IT IS FURTHER ORDERED setting jury trial on 9/12/06 at 9:00 a.m. Rule 16 Scheduling Order to follow. A copy of the Joint Proposed Pretrial Order provided to counsel this date. [cc: SRB] [13-2] (MAW) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

15

NOTICE of serivce of initial disclosure statement pursuant to FRCivP 26(a) by dft Independent Realty C (KCS) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

16

NOTICE of Service of Initial Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

17

NOTICE of service of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KCS) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

18

MOTION for Hearing re: settlement conference by Equal Employment Opportunity Commission, Independent Realty Capital Corp. (KCS) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

19

ORDER granting [18] Joint Motion/Request for Settlement Conference. Magistrate Edward C. Voss randomly drawn to conduct civil settlement conference. Signed by Judge Susan R. Bolton on 7/15/05. (TLB) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

Copy of document number 19, mailed to attys D. Mollett, M. O'Neill, C. Smith on 7/15/05. (TLB) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

20

NOTICE of Appearance by Karen El Nutter, P David Lopez, Mary Joleen O'Neill, C Emanuel Smith on behalf of Equal Employment Opportunity Commission (KCS) (Entered: 07/28/2005)

July 26, 2005

July 26, 2005

IT IS ORDERED setting Settlement Conference for 9/19/2005 at 09:00 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Edward C. Voss.Signed by Judge Edward C. Voss on July 29, 2005. (ECV) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

21

ORDER re Settlement Conference signed by Judge Edward C. Voss on July 29, 2005. (ECV) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

22

Notice re First Discovery Requests by Equal Employment Opportunity Commission (Lopez, P) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

23

Minute Entry for proceedings held before Judge Edward C Voss: Settlement Conference held on 9/20/2005. Counsel to exchange information. Upon completion of exchange, Plaintiff shall advise the court and the court will reset the settlement conference. (ECV) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

24

MOTION for Extension of Time to Complete Discovery (First Request) by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

25

ORDER re 24 granting MOTION for Extension of Time to Complete Discovery (docketed as a motion but is really a stipulation). Discovery due by 4/13/2006. Dispositive motions due by 6/9/2006. Proposed Pretrial Order due by 11/20/2006. Jury Trial set for 12/12/2006 09:00 AM before Judge Susan R Bolton. Pretrial Conference set for 11/27/2006 10:00 AM before Judge Susan R Bolton.Signed by Judge Susan R Bolton on 10/17/05. (SRB) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

27

Minute Entry for proceedings held before Judge Edward C Voss : Settlement reached.Settlement Conference held on 11/7/2005. (Court Reporter courtsmart.) (Attachments: # 1 Draft Settlement Agreement) (PKD, ) (Entered: 11/08/2005)

Nov. 7, 2005

Nov. 7, 2005

28

ORDER: The Court has been advised that this case has settled. This matter will be dismissed with prejudice within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. All pending deadlines and hearings are vacated.Signed by Judge Susan R Bolton on 11/10/05. (SRB) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

29

STIPULATION re 28 Order,, Terminate Deadlines and Hearings, Extension of Time to Submit Settlement Documents by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

30

ORDER granting 29 STIPULATION re 28 for Extension of Time to Submit Settlement Documents. Possible Dismissal due by 1/9/2006.Signed by Judge Susan R Bolton on 12/9/05. (SRB) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

31

STIPULATION For Extension of Time to Submit Settlement Documents by Independent Realty Capital Corp. (Rodgers, Scott) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

32

ORDER granting re 31 STIPULATION For Extension of Time to Submit Settlement Documents. Possible Dismissal due by 1/31/2006.Signed by Judge Susan R Bolton on 1/10/06. (SRB) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

33

Joint MOTION for Entry of Decree by Equal Employment Opportunity Commission. (Attachments: # 1)(Lopez, P) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

34

CONSENT DECREE - refer to document. Signed by Judge Susan R Bolton on 02/02/06. (DNH ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 31, 2004

Closing Date: Feb. 7, 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

Independent Realty Capital Corp. (Mesa, AZ), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 62500

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Implement complaint/dispute resolution process

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