Case: EEOC v. PVNF, LLC d/b/a/ Chuck Daggett Motors

1:03-cv-00991 | U.S. District Court for the District of New Mexico

Filed Date: Aug. 25, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In August 2003, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against PVNF LLC d/b/a Chuck Daggett Motors alleging violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the EEOC alleged the defendant created a hostile work environment for pregnant women and all females through verbal abuse, including disparaging remarks and insults directed at all pregnant women, sexist remarks and …

In August 2003, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against PVNF LLC d/b/a Chuck Daggett Motors alleging violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the EEOC alleged the defendant created a hostile work environment for pregnant women and all females through verbal abuse, including disparaging remarks and insults directed at all pregnant women, sexist remarks and anti-female remarks. In addition, the EEOC alleged that the defendant denied women payments for insurance premiums and retaliated against women who opposed the unlawful practices.

In April 2004, the parties reached a settlement and entered into a consent decree, which was adopted by the court, that settled the suit regarding pregnancy discrimination claims. The three-year consent decree required defendant to pay $6,500 in compensatory damages, attend training on pregnancy discrimination, expunge records of the discrimination charge, refrain from discrimination and retaliation, review and update pregnancy discrimination polices, and report to the EEOC among other things.

The sexism claims proceeded to trial, following cross motions for summary judgment, in May 2005. Following a four-day trial, the defendant moved for and was granted a judgment as a matter of law. The court concluded that certain claims brought by EEOC were “frivolous, unreasonable or without foundation,” entitling PVNF to recover its

attorney’s fees in connection with that portion of the plaintiff's claim related to disparate

treatment.

The EEOC unsuccessfully moved to amend the judgment and for a new trial before filing an appeal in December 2005. On May 14, 2007, the Tenth Circuit reversed in part and remanded the case for a new trial because it found that a reasonable jury could determine that the complainants were subjected to a hostile work environment. 487 F.3d 790. It allowed the judgment as a matter of law for the defendant to stand on the issue of whether a particular complainant was constructively discharged. A few days before the new trial, the parties entered into a settlement agreement, which dealt only with attorneys fees and litigation costs. The EEOC moved to dismiss the case, which the court granted.

As the consent decree was set to last for three years, this case presumably closed in April 2007 as there is no further enforcement activity on the docket.

Summary Authors

Tony Friedman (8/25/2007)

Rachel Barr (4/8/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5277876/parties/eeoc-v-pvnf-llc/


Judge(s)

Conway, John Edwards (New Mexico)

Attorney for Plaintiff

Dreiband, Eric S. (District of Columbia)

Medina, Loretta (New Mexico)

Attorney for Defendant

Fuchs, Stephanie A (New Mexico)

Hemphill, Linda G (New Mexico)

show all people

Documents in the Clearinghouse

Document

06-02011

USCA Docket [PACER]

EEOC v. PVNF LLC

U.S. Court of Appeals for the Tenth Circuit

May 14, 2007

May 14, 2007

Docket

1:03-cv-00991

Docket [PACER]

EEOC v. PVNF LLC

Oct. 11, 2007

Oct. 11, 2007

Docket
1

1:03-cv-00991

Complaint

EEOC v. PVNF, L.L.C., d/b/a Chuck Daggett Motors and Big Valley Auto

Aug. 25, 2003

Aug. 25, 2003

Complaint
17

1:03-cv-00991

Consent Decree []

EEOC v. PVNF, L.L.C. d/b/a Chuck Daggett Motors and Big Valley Auto

April 26, 2004

April 26, 2004

Settlement Agreement
18

1:03-cv-00991

Order [re: Motion to Compel]

EEOC v. PVNF LLC

April 28, 2004

April 28, 2004

Order/Opinion
93

1:03-cv-00991

Memorandum Opinion and Order [re: Summary Judgment]

EEOC vs. PVNF, L.L.C., d/b/a Chuck Daggett Motors and Big Valley Auto

March 9, 2005

March 9, 2005

Order/Opinion
94

1:03-cv-00991

Memorandum Opinion and Order [Granting Summary Judgment]

EEOC vs. PVNF, L.L.C., d/b/a Chuck Daggett Motors and Big Valley Auto

March 17, 2005

March 17, 2005

Order/Opinion
135

1:03-cv-00991

Findings of Fact and Conclusions of Law

EEOC v. PVNF, L.L.C., d/b/a Chuck Daggett Motors and Big Valley Auto

June 29, 2005

June 29, 2005

Findings Letter/Report
162

1:03-cv-00991

Memorandum Opinion and Order

EEOC vs. PVNF, L.L.C., d/b/a Chuck Daggett Motors and Big Valley Auto

Nov. 2, 2005

Nov. 2, 2005

Order/Opinion

06-02011

[USCA Opinion]

EEOC v. PVNF, L.L.C., d/b/a Big Valley Auto and Chuck Daggett Motors

U.S. Court of Appeals for the Tenth Circuit

May 14, 2007

May 14, 2007

Order/Opinion

487 F.3d 487

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5277876/eeoc-v-pvnf-llc/

Last updated Jan. 27, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for employment discrimination w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge W. D. Schneider) (ed) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

Clearinghouse

SUMMONS issued as to defendant (emr) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

2

ENTRY OF APPEARANCE for deft by Linda G. Hemphill (mjr) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

3

ANSWER by defendant [1−1] (mjr) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

4

NOTICE of non−availability by Linda G. Hemphil, attorney for PVNF LLC from 11/19/03 though 12/4/03 (former employee) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

5

INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set for 1/20/04 at 9:20 am; provisional discovery plan & IPTR due 1/13/04 (cc: all counsel*) (vv) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

6

PROVISIONAL DISCOVERY PLAN by parties * (vv) (Entered: 12/23/2003)

Dec. 23, 2003

Dec. 23, 2003

7

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 1/13/04 * (vv) (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

9

CLERK'S MINUTES: before Magistrate Judge W. D. Schneider Rule 16 scheduling conference held (vv) (Entered: 01/26/2004)

Jan. 20, 2004

Jan. 20, 2004

8

ORDER by Magistrate Judge W. D. Schneider setting settlement conference for 6/29/04 at 9:00 am (cc: all counsel*) (vv) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

11

INITIAL PRE−TRIAL REPORT by Senior Judge John E. Conway and Magistrate Judge W. D. Schneider; Discovery set for 6/18/04 mtn filing ddl set for 8/5/04; proposed pretrial order due 10/21/04; pretrial conference set for 11:00 am on 11/23/04 jury trial set for 8:30 am on 12/14/04; Estimated # of Trial Days: 7−10; Chances of Settlement: cannot be evaluated until discovery (cc: all counsel) (vv) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

12

CERTIFICATE of service by plaintiff of 1st request for admissions, request for interrogatories, request for production to counsel on 3/2/04 * (vv) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

13

CERTIFICATE of service by plaintiff of 1st supplemental initial disclosures to counsel on 3/2/04 * (vv) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

14

CERTIFICATE of service by deft of first requests for production to counsel on 4/1/04 (mjr) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

15

CERTIFICATE of service by deft of first set of interrogs to counsel on 4/1/04 (mjr) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

16

CERTIFICATE of service by deft PVNF LLC of answers & objections to 1st set of interrogs, 1st request for production and 1st request for admissions to counsel on 4/21/04 (td) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

17

CONSENT JUDGMENT [DECREE] by Senior Judge John E. Conway pertaining to charging party Tammy Hulce, claimant Michelle Reid & Pregnancy Class only (cc: all counsel) (vv) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

Clearinghouse
18

ORDER by Magistrate Judge W. D. Schneider re oral mtn to compel as described herein (cc: all counsel*) (vv) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

Clearinghouse
19

CERTIFICATE of service by plaintiff of 2nd supplemental initial disclosures to counsel on 5/11/04 * (vv) (Entered: 05/12/2004)

May 12, 2004

May 12, 2004

20

UNOPPOSED MOTION by plaintiff to extend time to serve mtn to compel * (vv) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

21

CERTIFICATE of service by plaintiff of answers & objections to 1st set of interrogatories to counsel on 5/18/04 * (vv) (Entered: 05/18/2004)

May 18, 2004

May 18, 2004

22

CERTIFICATE of service by plaintiff of answers & objections to 1st request for production of documents to counsel on 5/18/04 * (vv) (Entered: 05/18/2004)

May 18, 2004

May 18, 2004

23

JOINT MOTION to extend the discovery deadline and deadline for filing mtns and to vacate the settlement conference (mjr) (Entered: 05/27/2004)

May 27, 2004

May 27, 2004

24

CERTIFICATE of service by plaintiff of 3rd supplemental initial disclosures to counsel on 6/1/04 * (vv) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

25

ORDER by Magistrate Judge W. D. Schneider granting joint motion to extend the discovery deadline and deadline for filing mtns [23−1] & to vacate the settlement conference [23−2] Discovery cutoff reset for 8/30/04; Motion Filing cutoff reset for 10/18/04 & settlement conference reset for 9/16/04 (cc: all counsel) (vv) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

26

ORDER by Magistrate Judge W. D. Schneider resetting settlement conference for 9/16/04 at 9:00 am (cc: all counsel*) (vv) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

27

MINUTE ORDER: by direction of Senior Judge Conway Pretrial conference reset for 1/26/05 at 11:00 am ; Jury trial reset for 3/8/05 at 8:30 am (cc: all counsel) (vv) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

28

CERTIFICATE of service by deft of first supplemental disclosure to counsel on 7/15/04 (mjr) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

29

CERTIFICATE of Service by pltf of 2nd request for admissions, interrog(s) & for production to counsel on 7/27/04* (pr) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

31

CERTIFICATE of service by deft of answers & objections to 2nd request for admissions, 2nd request for production & 2nd set of interrogatories to counsel on 8/30/04 (td) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

32

ORDER vacating & resetting settlement conference for 9/17/04 at 1:30 pm by Magistrate Judge W. D. Schneider (cc: all counsel*) (vv) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

33

CERTIFICATE of service by deft of first supplemental answer to first set of interrogs to counsel on 9/13/04 (mjr) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

34

SETTLEMENT CONFERENCE held before Magistrate Judge Schneider; case did not settle (vv) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

35

UNOPPOSED MOTION by defendant to exceed page limitation for pleadings related to mtn for sum/jgm & deadlines for response & reply to mtn * (vv) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

36

ORDER by Magistrate Judge W. D. Schneider granting deft's motion to exceed page limitation for pleadings related to mtn for sum/jgm & deadlines for response & reply to mtn [35−1] (cc: all counsel) (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

37

MOTION by plaintiff in limine to exclude certain cell phone bills for failure to comply with disclosure requirements (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

38

MEMORANDUM by plaintiff in support of motion in limine to exclude certain cell phone bills for failure to comply with disclosure requirements [37−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

39

AFFIDAVIT of Loretta Medina regarding motion in limine to exclude certain cell phone bills for failure to comply with disclosure requirements [37−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

40

MOTION by plaintiff in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

41

MEMORANDUM by plaintiff in support of motion in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser [40−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

42

AFFIDAVIT of Loretta Medina regarding motion in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser [40−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

43

MOTION by plaintiff in limine to exclude evidence concerning profanity, dress, conduct toward non−harassers and performance by claimants (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

44

MEMORANDUM by plaintiff in support of motion in limine to exclude evidence concerning profanity, dress, conduct toward non−harassers and performance by claimants [43−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

45

AFFIDAVIT of Loretta Medina regarding motion in limine to exclude evidence concerning profanity, dress, conduct toward non−harassers and performance by claimants [43−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

46

MOTION by plaintiff for partial summary judgment as to any defense based upon conciliation (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

47

MEMORANDUM by plaintiff in support of motion for partial summary judgment as to any defense based upon conciliation [46−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

48

AFFIDAVIT of Loretta Medina regarding motion for partial summary judgment as to any defense based upon conciliation [46−1] (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

49

NOTICE by plaintiff of withdrawal of harassment claim as to Joanne Richmond (vv) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

51

MEMORANDUM by deft in support of mtn for sum/jgm [50−1] (td) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

52

STIPULATED ORDER by Magistrate Judge W. D. Schneider granting request to extend number of exhibits to 151 pages in connection to sum/jgm mtn (cc: all counsel) (vv) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

53

RESPONSE by deft to mtn in limine to exclude certain cell phone bills for failure to comply with disclosure requirements [37−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

54

MEMORANDUM by deft in support of response re mtn to exclude certain cell phone bills for failure to comply with disclosure requirements [53−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

55

RESPONSE by deft to mtn in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser [40−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

56

MEMORANDUM by deft in support of response re mtn in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser [55−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

57

RESPONSE by deft to mtn for partial sum/jgm as to any defense based upon conciliation [46−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

58

MEMORANDUM by deft in support of response to mtn for partial sum/jgm [57−1] (td) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

59

RESPONSE by deft to motion in limine to exclude evidence concerning profanity, dress, conduct toward non−harassers and performance by claimants [43−1] (mjr) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

60

MEMORANDUM by deft in support of response [59−1] (mjr) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

61

RESPONSE by plaintiff to motion for sum/jgm [50−1] * (vv) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

62

APPENDIX filed by plaintiff re response to motion for sum/jgm [50−1] [61−1] (vv) (Entered: 11/19/2004)

Nov. 18, 2004

Nov. 18, 2004

63

REPLY by pltf to response to motion in limine to exclude certain cell phone bills for failure to comply with disclosure requirements [37−1] (seal) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

64

REPLY by pltf to response to motion in limine to exclude all evidence concerning claimant's personal relationship with a non−harasser [40−1] (seal) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

65

REPLY by pltf to response to motion for partial summary judgment as to any defense based upon conciliation [46−1] (seal) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

66

REPLY by pltf to response to motion in limine to exclude evidence concerning profanity, dress, conduct non−harassers and performance by claimants [43−1] (seal) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

67

NOTICE by plaintiff of completion of briefing on motion for partial summary judgment [46−1] (sl) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

68

JOINT MOTION by parties herein to extend deadline for submission of Pretrial Order re 45 days after Court's decision on mtns for sum/jgm * (pr) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

69

ORDER by Magistrate Judge W. D. Schneider granting deft's request to extend number of pages to 40 pages in connection with its reply to motion for summary judgment (cc: all counsel) (sl) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

70

NOTICE by counsel for deft of non−availability from 12/9/04 thru 12/22/04 and 12/29/04 thru 12/31/04* (pr) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

71

MOTION by deft to strike 3/10/03 letter (td) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

72

MOTION by deft to strike portions of Affidavit of Michelle Lynn Reid (td) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

74

REPLY by deft to mtn for sum/jgm [50−1] (td) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

75

STIPULATED ORDER by Magistrate Judge W. D. Schneider granting the stipulated motion to extend deadline for submission of Pretrial Order re 45 days after Court's decision on mtns for sum/jgm [68−1] Pretrial order ddl 2/11/05 ; Pretrial conference reset for 3/9/05 @ 11:00 am ; Jury trial reset for 4/12/05 @ 8:30 am (cc: all counsel) (jrm) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

76

NOTICE of completion of briefing on mtn for sum/jgm by deft (mjr) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

77

RESPONSE by plaintiff to motion to strike 3/10/03 letter [71−1] * (vv) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

78

RESPONSE by plaintiff to motion to strike portions of Affidavit of Michelle Lynn Reid [72−1] * (vv) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

79

RESPONSE by plaintiff to motion to strike portions of affidavit of Loretta Medina Esq [73−1] * (vv) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

80

APPENDIX filed by plaintiff re motion response [77−1] (vv) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

81

REPLY by deft to mtn to strike portions of Affidavit of Michelle Lynn Reid [72−1] (td) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

82

REPLY by deft to mtn to strike portions of affidavit of Loretta Medina Esq [73−1] (td) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

83

NOTICE by deft of completion of briefing re mtn to strike [72−1] (td) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

84

REPLY by deft to mtn to strike 3/10/03 letter [71−1] (td) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

85

NOTICE by deft of completion of briefing re mtn to strike [71−1] (td) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

86

NOTICE by deft of completion of briefing re mtn to strike [72−1] (td) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

87

NOTICE by pltf of withdrawal of their motion for extension of time to serve mtn to compel [20−1]* (pr) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

88

ORDER by Magistrate Judge W. D. Schneider denying motion to strike 3/10/03 letter [71−1] by PVNF LLC (cc: all counsel*) (vv) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

89

ORDER by Magistrate Judge W. D. Schneider denying motion to strike portions of Affidavit of Michelle Lynn Reid [72−1] by PVNF LLC (cc: all counsel*) (vv) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

90

PRE−TRIAL ORDER by Senior Judge John E. Conway : (cc: all counsel) (vv) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

91

MEMORANDUM, OPINION, AND ORDER: by Senior Judge John E. Conway granting in part pltf's motion in limine to exclude all evidence concerning claimant's personal relationship with a non-harasser [40-1] (cc: all counsel*) (vv)

March 7, 2005

March 7, 2005

RECAP
92

ORDER by Magistrate Judge W. D. Schneider denying motion in limine to exclude certain cell phone bills for failure to comply with disclosure requirements [37−1] by EEOC (cc: all counsel*) (vv) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

93

MEMORANDUM, OPINION, AND ORDER: by Senior Judge John E. Conway granting pltf's motion for partial summary judgment as to any defense based upon conciliation [46-1] (cc: all counsel*) (bap)

March 9, 2005

March 9, 2005

Clearinghouse
94

MEMORANDUM, OPINION, AND ORDER: by Senior Judge John E. Conway granting deft's motion for sum/jgm [50-1] on sole claim on behalf of Ms. Richmond & denied as to all claims on behalf of Ms.Segovia (cc: all counsel*) (vv)

March 17, 2005

March 17, 2005

Clearinghouse
96

WITNESS list submitted by plaintiff (vv) (Entered: 03/24/2005)

March 23, 2005

March 23, 2005

97

CERTIFICATE of service by deft of supplemental responses to 1st request for production of documents to counsel on 4/1/05(td) Modified on 04/08/2005 (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

98

MOTION by plaintiff in limine to exclude evidence or argument relating to a Faragher/Ellerth defense * (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

99

MEMORANDUM by plaintiff in support of motion in limine to exclude evidence or argument relating to a Faragher/Ellerth defense [98−1] * (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

100

MOTION by plaintiff in limine to exclude evidence or argument relating to whether claimant is in compliance with federal or state laws re filing of tax returns * (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

101

MEMORANDUM by plaintiff in support of motion in limine to exclude evidence or argument relating to whether claimant is in compliance with federal or state laws re filing of tax returns [100−1] * (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

102

MOTION by plaintiff in limine to exclude evidence or argument relating to policies or procedures of a corporate entity which is not involved in this litigation * (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

103

MEMORANDUM by plaintiff in support of motion in limine to exclude evidence or argument relating to policies or procedures of a corporate entity which is not involved in this litigation [102−1] (vv) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

104

MOTION by deft in limine to prohibit introduction of deft's net worth until ruling on mtn for directed verdict on punitive damages (pz) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 25, 2003

Closing Date: 2007

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

PVNF LLC (Portales), Private Entity/Person

PVNF LLC (Portales), 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: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

None

Damages

Source of Relief:

None

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $6,500

Order Duration: 2004 - 2007

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

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits