Case: EEOC v. MOKA SHOE CORPORATION

3:06-cv-01976 | U.S. District Court for the District of Puerto Rico

Filed Date: Sept. 29, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) brought suit under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in the U.S. District Court for the District of Puerto Rico, on behalf of female employees of the defendant MOKA Shoe Corporation. The complaint alleged that one of the defendant's supervisors sexually harassed female employees, creating a hostile work environment. Furthermore, plaintiff alleged that two of the employ…

On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) brought suit under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in the U.S. District Court for the District of Puerto Rico, on behalf of female employees of the defendant MOKA Shoe Corporation.

The complaint alleged that one of the defendant's supervisors sexually harassed female employees, creating a hostile work environment. Furthermore, plaintiff alleged that two of the employees complained about the conduct, one of whom was retaliated against; that employee was therefore forced to resign. The plaintiff sought injunctive and declaratory relief, as well as both compensatory and punitive damages.

On August 22, 2008, the District Court (Judge Aida M. Delgado-Colon) issued a consent decree, approving a settlement between the two parties. Under the decree the defendant was required to pay $100,000 in compensatory damages ($50,000 each to the two complaining employees). Furthermore, the settlement required the defendant to distribute an anti-discrimination policy, conduct a training session on the policy with its management personnel, and post a notice of this settlement for their employees to see.

The decree was to be effective and monitored over a period of one year. As there is no further activity on the docket sheet, presumably this case closed in August 2009.

Summary Authors

Adam Teitelbaum (3/14/2010)

Rachel Barr (5/4/2018)

People


Judge(s)

Delgado-Colón, Aida M. (Puerto Rico)

Attorney for Plaintiff

Curtin, Nora E. (Florida)

Gomez-Fernandez, Maritza I. (Puerto Rico)

Attorney for Defendant

Belaval, Graciela J. (Puerto Rico)

Lizardi-Mendez, Elizabeth M. (Puerto Rico)

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Documents in the Clearinghouse

Document

3:06-cv-01976

Docket (PACER)

United States Equal Employment Opportunity Commission v. MOKA Shoe corporation

Aug. 23, 2008

Aug. 23, 2008

Docket
1-1

3:06-cv-01976

Complaint

EEOC v. MOKA Shoe Corporation

Sept. 29, 2006

Sept. 29, 2006

Complaint
18-1

3:06-cv-01976

Consent Decree

EEOC v. MOKA Shoe Corp.

Aug. 1, 2008

Aug. 1, 2008

Settlement Agreement

Resources

Docket

Last updated April 16, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MOKA Shoe corporation (Filing fee $ 350.), filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4)(Gomez−Fernandez, Maritza) (Entered: 10/03/2006)

Sept. 29, 2006

Sept. 29, 2006

Summons Issued as to MOKA Shoe corporationService due by 1/27/2007. (jap, ) (Entered: 10/04/2006)

Sept. 29, 2006

Sept. 29, 2006

2

NOTICE Notice of Withdrawal of Counsel by United States Equal Employment Opportunity Commission (Gomez−Fernandez, Maritza) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

3

ANSWER to Complaint filed by Graciela J. Belaval−Bruno on behalf of Defendant MOKA Shoe corporation.(Belaval−Bruno, Graciela) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

4

ORDER re 2 Notice (Other) filed by United States Equal Employment Opportunity Commission. NOTED. The Clerk of Court is to amend docket entries accordingly. Signed by Judge Aida M. Delgado−Colon on 12/20/2006. (wm, ) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

5

REPORT JOINT SCHEDULING REPORT by all parties. (Belaval−Bruno, Graciela) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

6

SCHEDULING ORDER/CASE MANAGEMENT ORDER. The attorneys for the parties are experienced litigators in federal court. Thus, the Court has examined and favorably considered their joint proposed scheduling and approves the same. Joint Parties and Amend Pleadings by 9/3/2007. Expert Witness Reports by 11/19/2007. Rebuttal Expert Witness & Exchange reports by 12/14/2007. Discovery due by 1/30/2008. A Settlement Conference is set for 2/6/2008 at 10:00 AM in ADC's Chambers before Judge Aida M. Delgado−Colon. Dispositive Motions due by 3/5/2008; responses thereto 4/5/2008. Filing Joint Pretrial Memorandum by 4/20/2008. A Pretrial Conference is set for 8/19/2008 at 10:00 AM in ADC's Chambers before Judge Aida M. Delgado−Colon.Jury Trial is set for September 18 through September 19, 2008 at 09:00 AM in ADC's Courtroom before Judge Aida M. Delgado−Colon. Signed by Judge Aida M. Delgado−Colon on 4/24/2007. (wm, ) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

7

MOTION for Extended Pretrial Deadlines filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

8

MOTION to Dismiss/Lack of Prosecution as to United States Equal Employment Opportunity Commission filed byGraciela J. Belaval−Bruno on behalf of MOKA Shoe corporation Suggestions in opposition/response due by 1/30/2008 (Attachments: # 1 Exhibit Exh. A, Letter dated December 7, 2006 with Exhibits A and B)(Belaval−Bruno, Graciela) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

9

ORDER TO SHOW CAUSE. The EEOC is to show cause, in writing and within the next 5 working days, as to why this case should not be dismissed. Failure to comply, will lead to the dismissal of the case. Show Cause Response due by 1/22/2008. Signed by Judge Aida M. Delgado−Colon on 1/14/2008. (wm) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

11

Minute Entry for proceedings held before Judge Aida M. Delgado−Colon. Settlement Conference held on 2/6/2008. Motion to Dismiss/Lack of Prosecution at Docket No. 8 is DENIED. Motion to Extend Pretrial Deadlines at Docket No. 7 is NOTED and GRANTED. Pretrial schedule agreed upon remains as follows: Discovery due by 6/30/2008. Settlement Conference is set for 7/10/2008 at 9:30 AM in ADC's Chambers before Judge Aida M. Delgado−Colon. Dispositive Motions due by 8/6/2008. Responses thereto due by 9/5/2008. Filing Joint Pretrial Memorandum by 9/30/2008. Pretrial Conference is set for 10/30/2008 at 2:00 PM in ADC's Chambers before Judge Aida M. Delgado−Colon.Jury Trial is set for November 10 through November 14, 2008 at 9:00 AM in Courtroom 1 before Judge Aida M. Delgado−Colon. Signed by Judge Aida M. Delgado−Colon on 2/15/2008. (wm) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

12

MOTION to Continue REQUESTING ADJOURNMENT OF SETTLEMENT CONFERENCE filed by Elizabeth M. Lizardi−Mendez on behalf of MOKA Shoe corporation (Attachments: # 1 Exhibit 1 − E−mail communication from Atty. Nora Curtin)(Lizardi−Mendez, Elizabeth) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

13

ORDER re 12 Motion to Continue Settlement Conference. GRANTED. Settlement Conference is reset for 8/5/2008 at 5:00 PM in ADC's Chambers before Judge Aida M. Delgado−Colon. Signed by Judge Aida M. Delgado−Colon on 7/9/2008. (wm) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

14

MOTION for Extension of Time until August 26, 2008 to file dispositive motions filed by Graciela J. Belaval−Bruno on behalf of MOKA Shoe corporation Suggestions in opposition/response due by 8/14/2008 (Belaval−Bruno, Graciela) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

15

ORDER granting 14 Motion for Extension of Time to File. Term to file dispositive motions is extended to 8/30/08. The EEOC is granted up to 8/10/08 to report the name of new counsel. Meanwhile it remains responsible for continuing to display good efforts towards settlement. Attorney Appearance Deadline due by 8/10/2008. Motions due by 8/30/2008. Signed by Judge Aida M. Delgado−Colon on 7/30/08. (sr) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

16

Minute Entry for proceedings held before Judge Aida M. Delgado−Colon: Settlement Conference held on 8/5/2008. Parties met. Settlement was reached. Pretrial Conference set for 10/30/08 and Jury Trial set for November 10−14, 2008 are hereby vacated. (Court Reporter None.) Present: Attorney Nora Curtin (plaintiff). Attorney Graciela Belaval(defendant) (sr) (Entered: 08/06/2008)

Aug. 5, 2008

Aug. 5, 2008

17

ORDER. Parties are granted until 8/20/08 to file necessary motions as to enable entry of Judgment. Notice of Compliance Deadline due by 8/20/2008. Signed by Judge Aida M. Delgado−Colon on 8/5/08.(sr) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

18

NOTICE of Filing of Consent Decree for Approval by United States Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Consent Decree for Execution)(Von Greiff, Carla) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

19

CONSENT DECREE ORDER re 18 Notice (Other) filed by United States Equal Employment Opportunity Commission. Signed by Judge Aida M. Delgado−Colon on 8/21/2008.(wm) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

20

ORDER FOR ENTRY OF JUDGMENT. Signed by Judge Aida M. Delgado−Colon on 8/21/2008.)(wm) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

Case Details

State / Territory: Puerto Rico

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. 29, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of two female employees.

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

MOKA Shoe Corporation (Aguadilla, PR), 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: $100,000

Order Duration: 2008 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

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