Case: EEOC v. CLOUGHERTY PACKING CO. dba FARMER JOHN

2:04-cv-08051 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2004, the Los Angeles District Office of the EEOC brought this lawsuit against Clougherty Packing Company, doing business as Farmer John, in the U.S. District Court for the Central District of California. The complaint alleges that defendant discriminated against the charging parties, African Americans job applicants, by failing to hire employees based upon their race in violation of Title VII of the Civil Rights Act of 1964. Following a settlement conference, the parties settled the lawsuit in October 2005 through a consent decree.

The four-year decree required the defendant to: post the terms of the decree in a place frequented by employees, provide two three-hour EEO training sessions to managerial employees, maintain and audit their records regarding employment applications, and pay $110,000 to be divided between the seven charging parties. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Jason Chester (10/9/2007)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4143067/parties/united-states-equal-employment-opportunity-commission-v-clougherty-packing/


Judge(s)

Abrams, Paul L. (California)

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Documents in the Clearinghouse

Document

2:04-cv-08051

Docket [PACER]

EEOC v. Clougherty Packing Company et al

Oct. 17, 2005

Oct. 17, 2005

Docket
1

2:04-cv-08051

Complaint

EEOC v. Clougherty Packing Co.

Sept. 28, 2004

Sept. 28, 2004

Complaint
19

2:04-cv-08051

Consent Decree

EEOC v. Clougherty Packing Company d/b/a Farmer John and Does 1-10, inclusive

Oct. 17, 2005

Oct. 17, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143067/united-states-equal-employment-opportunity-commission-v-clougherty-packing/

Last updated April 5, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Clougherty Packing Company. (No Filing fee required) Jury Demand. filed by plaintiff United States Equal Employment Opportunity Commission.(jag, ) (Entered: 10/05/2004)

Sept. 28, 2004

Sept. 28, 2004

PACER
2

CERTIFICATION of Interested Parties filed by Plaintiff United States Equal Employment Opportunity Commission. (jag, ) (Entered: 10/05/2004)

Sept. 28, 2004

Sept. 28, 2004

PACER
3

NOTICE OF WAIVER OF SERVICE Returned Executed filed by plaintiff upon Clougherty Packing Company, doing business as Farmer John waiver sent by Plaintiff on 10/21/2004, answer due 12/20/2004. Waiver of Service signed by Rachel K Alexander. (nhac, ) (Entered: 11/29/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
4

CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Clougherty Packing Company. (nhac, ) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
5

ANSWER to Complaint 1 filed by defendant Clougherty Packing Company.(nhac, ) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
6

ORDER Regarding Rule 26(f) Conference and Joint Report by Judge Gary A. Feess: This action has been assigned to Judge Gary Allen Feess for all purposes. The Court orders as follows: Rule 26 Meeting Report due by 3/7/2005 at 1:30pm. (see document for further details).(rl, ) (Entered: 01/06/2005)

Jan. 5, 2005

Jan. 5, 2005

PACER
7

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Christopher E. Hoyme for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
8

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Kelvin C. Berens for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
9

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Rachel K. Alexander for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
10

ORDER by Judge Gary A. Feess Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before magistrate judge assigned to the case for settlement proceedings.(gk, ) (Entered: 02/16/2005)

Feb. 11, 2005

Feb. 11, 2005

PACER
11

JOINT REPORT of Scheduling Meeting Rule 26 filed; estimated length of trial 10 days. (gk, ) (Entered: 03/03/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
12

MINUTES OF Scheduling Conference held before Judge Gary A. Feess: Court will issue a Scheduling and Case Management Order which will include the dates provided to counsel. Court Reporter: Lisa Gonzalez. (gk, ) (Entered: 03/08/2005)

March 7, 2005

March 7, 2005

PACER
13

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Gary A. Feess: Set Deadlines/Hearings: Jury Trial set for 2/7/2006 08:30 AM before Honorable Gary A. Feess. Final Pretrial Conference set for 1/9/2006 03:30 PM before Honorable Gary A. Feess. Motions in Limine to be filed by 1/9/2006. Proposed Voir Dire Questions Lodged and Agreed-to Statement of Case 1/9/2006. Proposed Pretrial Order due by 12/19/2005. File Memo of Contentions of Fact and Law 12/19/2005. Exhibit List due by 12/19/2005. Witness List due by 12/19/2005. Status Report Re Settlement due by 12/19/2005. File Agreed Upon Set of Jury Instructions and Verdict Forms, File Joint Statement re Disputed Instructions, Verdicts, etc. 12/19/2005. Last date to conduct settlement conference is 12/16/2005. Last day for hearing motions. Discovery cut-off 11/18/2005. Last Day to Amend Pleadings or Add Parties 8/30/2005. (gk, ) (Entered: 03/08/2005)

March 7, 2005

March 7, 2005

PACER
14

NOTICE of Serving Discovery filed by Defendant Clougherty Packing Company d/b/a Farmer John. (gk, ) (Entered: 04/25/2005)

April 20, 2005

April 20, 2005

PACER
15

ORDER RE SETTLEMENT CONFERENCE by Judge Paul L. Abrams. A Settlement Conference will be held on 9/15/05, at 9:00 a.m. NO LATER THAN 9/8/05, EACH PARTY SHALL SUBMIT A CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT DIRECTLY TO THE CHAMBERS OF MAGISTRATE JUDGE ABRAMS. [See Order for details.](ch, ) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

PACER
16

NOTICE of Unavailability filed by attorney L. Stephen Albright on behalf of Defendant Clougherty Packing Company, re unavailability from 8/2/2005 through 8/16/2005. (gk, ) (Entered: 07/25/2005)

July 15, 2005

July 15, 2005

PACER
17

STIPULATION AND ORDER by Judge Gary A. Feess for extension of expert disclosure deadline until 10/7/2005, and the setting of a deadline for the disclosure of rebuttal experts on 10/24/2005.(gk, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
18

MINUTES OF Settlement Conference held before Judge Paul L. Abrams. Settlement conference held. Settlement was reached. Material terms of settlement placed on the record of this Court. Plaintiff's counsel shall file the stipulated order for dismissal and related documents NO LATER THAN 10/17/05. A courtesy copy of the stipulation should be delivered to his Court's clerk. Tape #: 05-23/1738-2497. (ch, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
19

CONSENT DECREE AND ORDER by Judge Gary A. Feess: This Decree includes Defendant Clougherty Packing Company, d/b/a Farmer John's ("Farmer John") operations at its Los Angeles, California facility. This Decree shall be binding on and enforceable against Farmer John and its officers, directors, agents, successors and assigns, and against the U. S. Equal Employment Opportunity Commission for the effective period of the Decree. Farmer John, in settlement of this dispute, shall pay to the Charging Party, Donnie Gaut, and the additional Claimants, including Chris Allen, Gilbert Dawson, Kenneth Dawson, Dawed Seid, Robin Griggs, and Samuel White (the other Claimants") (The "Claimants" refers to both Charging Party and the other Claimants) a total of $110,000.00 as alleged damages to the Claimants: Donnie Gaut $50,000, Chris Allen $10,000, Gilbert Dawson $10,000, Kenneth Dawson $10,000, Dawed Seid $10,000, Robin Griggs $10,000, and Samuel White $10,000. Farmer John shall bear all costs associated with its administration and implementation of its obligations under this Consent Decree. Each party shall bear its own costs of suit and attorneys' fees. See document for further details. ( MD JS-6, Case Terminated )(gk, ) (Entered: 10/19/2005)

Oct. 17, 2005

Oct. 17, 2005

RECAP
19

CONSENT DECREE AND ORDER by Judge Gary A. Feess: This Decree includes Defendant Clougherty Packing Company, d/b/a Farmer John's ("Farmer John") operations at its Los Angeles, California facility. This Decree shall be binding on and enforceable against Farmer John and its officers, directors, agents, successors and assigns, and against the U. S. Equal Employment Opportunity Commission for the effective period of the Decree. Farmer John, in settlement of this dispute, shall pay to the Charging Party, Donnie Gaut, and the additional Claimants, including Chris Allen, Gilbert Dawson, Kenneth Dawson, Dawed Seid, Robin Griggs, and Samuel White (the other Claimants") (The "Claimants" refers to both Charging Party and the other Claimants) a total of $110,000.00 as alleged damages to the Claimants: Donnie Gaut $50,000, Chris Allen $10,000, Gilbert Dawson $10,000, Kenneth Dawson $10,000, Dawed Seid $10,000, Robin Griggs $10,000, and Samuel White $10,000. Farmer John shall bear all costs associated with its administration and implementation of its obligations under this Consent Decree. Each party shall bear its own costs of suit and attorneys' fees. See document for further details. ( MD JS-6, Case Terminated )(gk, ) (Entered: 10/19/2005)

Oct. 17, 2005

Oct. 17, 2005

RECAP

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, 2004

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

Does 1-10, Private Entity/Person

Clougherty Packing Company (Los Angeles, California), 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

Content of Injunction:

Provide antidiscrimination training

Recordkeeping

Auditing

Amount Defendant Pays: 110000

Order Duration: 2005 - 2009

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits