Case: EEOC v. LOEWEN GROUP INTERNATIONAL INC (d/b/a MEMORY GARDENS OF THE VALLEY)

1:98-cv-00112 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 28, 1998

Closed Date: Dec. 16, 1998

Clearinghouse coding complete

Case Summary

In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by discharging them from their positions as funeral telemarketers because of their national origin (Hispanic). After both parties filed discovery motions, the case settled by entry of a consent …

In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by discharging them from their positions as funeral telemarketers because of their national origin (Hispanic). After both parties filed discovery motions, the case settled by entry of a consent decree in December 1998 (the defendant filed a notice of bankruptcy in June 1999).

The two year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $16,000 in back pay and damages, provide neutral references for the claimants, post notice, provide two hours of Title VII training for all of its employees, give the EEOC reports every six months on compliance with the decree, and allow the EEOC to have access to the defendant's premises to ensure compliance.

Summary Authors

Kevin Wilemon (7/26/2007)

Documents in the Clearinghouse

Document

1:98-cv-00112

Docket (PACER)

EEOC v. Loewen Group International

June 7, 1999

June 7, 1999

Docket
1

1:98-cv-00112

Complaint

EEOC v. Loewen Group International

Jan. 28, 1998

Jan. 28, 1998

Complaint
43

1:98-cv-00112

Order [Regarding Motions to Compel]

EEOC v. Loewen Group International

Aug. 31, 1998

Aug. 31, 1998

Order/Opinion
46

1:98-cv-00112

Consent Decree

EEOC v. Loewen Group International

Dec. 16, 1998

Dec. 16, 1998

Settlement Agreement

Resources

Docket

Last updated March 25, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (2 Summonses issued) (referred to Magistrate Leslie C. Smith ) (former employee) (Entered: 01/29/1998)

Jan. 28, 1998

Jan. 28, 1998

2

ANSWER by defendant w/affirmative defenses [1-1] (jrm) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

4

CERTIFICATE of Service by pltf of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)

April 6, 1998

April 6, 1998

5

CERTIFICATE of Service by deft of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)

April 6, 1998

April 6, 1998

6

ENTRY OF APPEARANCE for defendant by attorney Nickay B Manning (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

6

MOTION by deft for substitution of counsel (jrm) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

7

ATTORNEYS' PROVISIONAL DISCOVERY PLAN by parties (jrm) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

8

ORDER by Judge James A. Parker granting motion for substitution of counsel [6-1] and substituting the firm of Eastham Johnson Monnheimer & Jontz, P C for the firm of Kemp,Smith,Duncan & Hammond, P C (cc: all counsel) (jrm) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

9

MOTION by deft to extend time until 4/29/98 in which to file mtn to compel initial disclosures (jrm) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

10

ORDER by Magistrate Leslie C Smith granting mtn to extend time until 4/29/98 to file mtn to compel initial disclosures [9-1] (cc: all counsel) (rg) (Entered: 05/01/1998)

April 29, 1998

April 29, 1998

11

CERTIFICATE of supplemental disclosures by plaintiff to counsel on 5/15/98 (jrm) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

12

CLERK'S MINUTES: before Magistrate Leslie C Smith Rule 16 scheduling conference held settlement conference to be set in Las Cruces in August or September (rg) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

13

ORDER by Magistrate Leslie C. Smith setting settlement conference on 9/1/98 at 10:00 am in Las Cruces, NM (cc: all counsel, electronically) (jrm) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

14

CERTIFICATE of service of 1st set of interrogs by defendant to counsel on 5/29/98 (jrm) (Entered: 06/01/1998)

May 29, 1998

May 29, 1998

15

CERTIFICATE of service of 1st request for production by plaintiff to counsel on 6/1/98 (jrm) (Entered: 06/02/1998)

June 2, 1998

June 2, 1998

16

INITIAL PRE-TRIAL REPORT Judge James A. Parker and Magistrate Judge Leslie C. Smith ; Discovery set for 10/15/98 ;mtn filing ddl set for 12/1/98 ; proposed pretrial order due 12/31/98 ; pretrial conference set for 9:30 am on 1/5/99 ; jury trial set for 1:30 pm on 2/9/99 ; Estimated # of Trial Days: 6-10; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 06/11/1998)

June 11, 1998

June 11, 1998

18

CERTIFICATE of service of 1st set of non-uniform interrogs and 1st request for admissions by plaintiff to counsel on 6/17/98 (jrm) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

19

ORDER by Magistrate Judge Leslie C. Smith that the settlement conference set for 9/1/98 is VACATED and rescheduled for 9/3/98 at 11:00 am (cc: all counsel electronically) (kd) (Entered: 07/07/1998)

July 7, 1998

July 7, 1998

20

CERTIFICATE by defendant of service of response to first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

21

CERTIFICATE by plaintiff of service of responses to first set of interrogatories & first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

22

CERTIFICATE of service of answers to 1st set of interrogs and responses to request for production by deft to counsel on 7/31/98 (jrm) (Entered: 07/31/1998)

July 31, 1998

July 31, 1998

23

ORDER by Magistrate Judge Leslie C. Smith granting mtn to waive mtn packet rule and allow electronic filing (cc: all counsel, electronically) (jrm) (Entered: 08/05/1998)

Aug. 4, 1998

Aug. 4, 1998

24

MOTION by plaintiff to compel deft to fully respond to discovery requests (jrm) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

25

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

26

CERTIFICATE of service of 1st supplemental response to 1st set of interrogs and 1st request for production by plaintiff to counsel on 8/6/98 (jrm) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

27

UNOPPOSED MOTION by defendant to extend time to compel pltf's answers to interrogs and requests for production (jrm) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

28

ORDER by Magistrate Judge Leslie C Smith granting deft's mtn to extend time to file mtn to compel pltf's answers to interrogs & requests for production until 8/10/98 [27-1] (cc: all counsel) (rg) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

29

MOTION and brief in support by deft to compel pltf's complete answers to interrogs and responses to request for production (jrm) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

30

CERTIFICATE of service of 2nd supplemental responses to 1st set of interrogs by plaintiff to counsel on 8/11/98 (jrm) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

31

ORDER by Magistrate Judge Leslie C. Smith setting telephonic hearing on deft's motion to compel [29-1] and pltf's motion to compel on 8/28/98 at 11:00 am [24-1] (cc: all counsel electronically) (rd) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

32

CERTIFICATE of service of identification of expert witnesses by plaintiff to counsel on 8/14/98 (jrm) (Entered: 08/17/1998)

Aug. 17, 1998

Aug. 17, 1998

34

CERTIFICATE of service of 1st supplemental initial disclosures by defendant to counsel on 8/19/98 (jrm) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

35

RESPONSE in opposition by defendant to motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

36

CERTIFICATE of service of third supplemental responses to first request for production by plaintiff to counsel on 8/18/98 (jrm) (Entered: 08/21/1998)

Aug. 21, 1998

Aug. 21, 1998

37

JOINT MOTION by parties to extend time until 9/1/98 for pltf to file mtn to compel (jrm) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

38

RESPONSE by pltf EEOC to deft's mtn to compel pltf's complete answers to interrogs and responses to request for production [29-1] (rg) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

39

REPLY by plaintiff to response to motion to compel pltf's complete answers to interrogs and responses to request for production [29-1] (jrm) (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

40

CERTIFICATE of service of responses to 3rd supplemental set of interrogs by plaintiff to counsel on 8-27-98 (jrm) (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

41

ORDER by Magistrate Judge Leslie C. Smith granting motion to extend time until 9/1/98 for pltf to file mtn to compel [37-1] (cc: all counsel) (rg) (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

42

CLERK'S MINUTES: hearing held before Magistrate Judge Leslie C Smith re: mtns to compel [29-1] & [24-1] (rg) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

43

ORDER by Magistrate Judge Leslie C. Smith re: pltf's mtn to compel [29-1] and deft's mtn and brief in support of mtn to compel pltf's complete answers to interrogs and responses to request for production as described herein [24-1] (cc: all counsel, electronically) (jrm) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

44

MOTION by plaintiff to compel deft to fully respond to discovery requests served on 6-17-98 (jrm) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

45

MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests served on 6-17-98 [44-1] (jrm) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

SETTLEMENT CONFERENCE held before Judge Leslie Smith; parties to submit consent decree by 10/15/98 (former employee) (Entered: 09/08/1998)

Sept. 3, 1998

Sept. 3, 1998

46

CONDENT DECREE by Judge James A. Parker as described herein dismissing case (cc: all counsel) (jrm) (Entered: 12/17/1998)

Dec. 16, 1998

Dec. 16, 1998

47

NOTICE by defendant of filing bankruptcy (dmw) (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

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: Jan. 28, 1998

Closing Date: Dec. 16, 1998

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

Loewen Group International Inc (Santa Teresa, N.M.), 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: 16000

Order Duration: 1998 - 2000

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian