Case: EEOC v. BSH HOME APPLIANCES

2:03-cv-07013 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2003

Closed Date: March 1, 2005

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles District Office of the EEOC brought this suit against BSH Home Appliances Corporation in the U.S. District Court for the Central District of California. The complaint alleged that the defendant discriminated against the two charging parties on the basis of sex, female, and retaliated against one of the charging parties for complaining about the harassment in violation of Title VII of the Civil Rights Act of 1964. The complainants alleged, specifically, that th…

In September 2003, the Los Angeles District Office of the EEOC brought this suit against BSH Home Appliances Corporation in the U.S. District Court for the Central District of California. The complaint alleged that the defendant discriminated against the two charging parties on the basis of sex, female, and retaliated against one of the charging parties for complaining about the harassment in violation of Title VII of the Civil Rights Act of 1964. The complainants alleged, specifically, that they were subjected to unwelcome touching, unwelcome advances, and sexually charged and suggestive speech.

The charging parties intervened in the suit in January 2004. Following discovery, the parties settled the lawsuit in March 2005 through a consent decree.

The one-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral employment references, update their employment policies, provide anti-retaliation training for all its employees, submit to monitoring actions by the EEOC and its own council, and pay $75,000 to be distributed among two individuals.

Summary Authors

Jason Chester (10/1/2007)

Documents in the Clearinghouse

Document

2:03-cv-07013

Docket (PACER)

EEOC v. BSH Home Appliances

March 3, 2005

March 3, 2005

Docket
1

2:03-cv-07013

Complaint

EEOC v. BSH Home Appliances Corporation

Sept. 30, 2003

Sept. 30, 2003

Complaint
42

2:03-cv-07013

Civil Minutes [Order Regarding Plaintiff's Motion to Compel]

EEOC v. BSH Home Appliance Corp.

Aug. 4, 2004

Aug. 4, 2004

Order/Opinion
57

2:03-cv-07013

Consent Decree

EEOC v. BSH Home Appliances

March 3, 2005

March 3, 2005

Settlement Agreement

Resources

Docket

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

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Rosalyn M. Chapman (rrey) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

2

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff USEEOC (rrey) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

3

NOTICE AND WAIVER OF SERVICE of SUMMONS by defendant BSH Home Appliances sent by plf on 10/3/03 by Jackie V Ianicell, attorney (lc) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

5

DISCLOSURE STATEMENT by DSH Home Appliances (lc) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

6

ANSWER filed by defendant BSH Home Appliances Corporation to complaint [1-1] (lc) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

4

NOTICE OF DISCREPANCY AND ORDER by Judge Terry J. Hatter ordering answer, disclosure statement submitted received on 12/3/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (lc) (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

7

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant BSH Home Appliances by Jackie V Iannicelli. Designating Robert A Waller Jr as local counsel. Approved by Judge Terry J. Hatter.(Fee pd) (lc) (Entered: 12/10/2003)

Dec. 8, 2003

Dec. 8, 2003

8

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant BSH Home Appliances by Michael James Sheehan. Designating Robert A Waller Jr as local counsel. Approved by Judge Terry J. Hatter.(Fee pd) (lc) (Entered: 12/10/2003)

Dec. 8, 2003

Dec. 8, 2003

9

CERTIFICATION OF INTERESTED PARTIES filed by defendant BSH Home Appliances (lc) (Entered: 12/11/2003)

Dec. 10, 2003

Dec. 10, 2003

16

INTERVENOR COMPLAINT against intervenor defendants BSH Home Appliances Corporation, Does 1-10, filed by plaintiffs intervention Erika Salgado, Michelle Hernandez. JURY DEMAND(lc, ) (Entered: 02/03/2004)

Jan. 2, 2004

Jan. 2, 2004

11

JOINT Exhibit List filed by BSH Home Appliances Corporation, U S Equal Employment Opportunity Commission (lc, ) (Entered: 01/22/2004)

Jan. 16, 2004

Jan. 16, 2004

10

Substitution of Attorney filed. Substituting attorney Ellen DeVoe Stuart for BSH Home Appliances Corporation in place and stead of attorney Robert A Waller by Judge Terry J. Hatter Jr. (lc, ) (Entered: 01/22/2004)

Jan. 21, 2004

Jan. 21, 2004

13

PROOF OF SERVICE filed by Defendant, BSH Home Appliances Corporation of 10 Substitution of Attorney (Form G-1), served on 1/16/04 upon Anna Y Park by US mail. (shb, ) (Entered: 01/27/2004)

Jan. 21, 2004

Jan. 21, 2004

FAX number for Attorney Ellen DeVoe Stuart is 629-233-9400. (lc, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

12

NOTICE OF CLERICAL ERROR Re: Joint Exhibit List[11] erroneously docketed on CV 03-7013 TJH USEEOC vs BSH should have been on CV 03-2268 TJH, Hendrickson vs Amazon.com, original removed and correctly docketed (lc, ) (Entered:

Jan. 22, 2004

Jan. 22, 2004

17

CERTIFICATION AS TO Interested Parties filed by Intervenor Plaintiffs Michelle Hernandez, Erika Salgado. (ca, ) (Entered: 02/05/2004)

Jan. 29, 2004

Jan. 29, 2004

20

STIPULATION for Filing of First Amended Complaint filed by Plaintiff U S Equal Employment Opportunity Commission. Lodged Proposed Order and First Amended Complaint. (ir, ) (Entered: 02/07/2004)

Jan. 30, 2004

Jan. 30, 2004

21

PROOF OF SERVICE filed by Plaintiff U S Equal Employment Opportunity Commission regarding [20] Stipulation for filingof First Amended Complaint, First Amended Complaint and Proposed Order regarding Stipulation for Filing of First Amended complaint was served on 1/30/04. (ir, ) (Entered: 02/07/2004)

Jan. 30, 2004

Jan. 30, 2004

15

STIPULATION AND ORDER by Judge Terry J. Hatter Jr: Michelle Hernandez and Erika Salgado may fiel a complaint in intervention(lc, ) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

FAX number for Attorney Carla D Barbosa is 213-629-5302. (lc, ) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

18

STIPULATION AND ORDER by Judge Terry J. Hatter Jr granting leave to file amended complaint[1] and defendant BSH Home Appliance shall not be required to answer the amendment.(lc, ) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

19

FIRST AMENDED COMPLAINT against defendant BSH Home Appliances Corporation, Does 1-10 amending Complaint - (Discovery)[1] ; JURY DEMAND,filed by plaintiff U S Equal Employment Opportunity Commission (lc, ) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

22

ANSWER to Intervenor Complaint[16] filed by defendants BSH Home Appliances Corporation.(lc, ) (Entered: 03/01/2004)

Feb. 17, 2004

Feb. 17, 2004

23

DISCLOSURE of pursuant to FRCP 7.1 filed by Defendant BSH Home Appliances Corporation (lc, ) (Entered: 03/05/2004)

Feb. 25, 2004

Feb. 25, 2004

24

PROOF OF SERVICE filed by defendant BSH Home Appliances Corporation of[22] Answer to Intervenor Complaint, was served on 2/16/04 by mail. (lc, ) (Entered: 03/05/2004)

Feb. 25, 2004

Feb. 25, 2004

25

ORDER by Judge Terry J. Hatter Jr: all discovery at issue are referred to Magistrate Judge Rosalyn M Chapman; Final Pretrial Conference set for 11/29/2004 10:00 AM before Honorable Terry J. Hatter Jr.(lc, ) (Entered: 05/07/2004)

May 6, 2004

May 6, 2004

26

SETTLEMENT PROCEDURE SELECTION: NOTICE, REQUEST AND ORDER by Judge Terry J. Hatter Jr. Parties shall appear before Magistrate Judge Margaret A Nagel for settlement proceedings.(ir, ) (Entered: 06/03/2004)

June 2, 2004

June 2, 2004

27

NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. settlement procedure selection26 is referred to Magistrate Judge Margaret A. Nagle for for ruling and processing. (lc, ) (Entered: 06/08/2004)

June 2, 2004

June 2, 2004

28

NOTICE OF MOTION AND MOTION to Compel responses to EEOC first and second requests for inspection and copying of documents filed by plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 7/28/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. (pj, ) (Entered: 07/13/2004)

July 7, 2004

July 7, 2004

30

SUPPLEMENTAL MEMORANDUM in Support of MOTION to Compel responses to EEOC first and second requests for inspection and copying of documents [28] filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/14/2004)

July 13, 2004

July 13, 2004

31

SUPPLEMENTAL MEMORANDUM in Support of MOTION to Compel[28] filed by defendant BSH Home Appliances Corporation. (lc, ) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

32

REQUEST to Strike BSH supplemental brief regarding EEOC MOTION to Compel[28] filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

33

STIPULATION AND ORDER by Judge Rosalyn M. Chapman : Hearing on plaintiffs MOTION to Compel discovery responses to EEOC first and second request for inspection and copying of documents is continued to 8/4/2004 at 09:30 AM [28]. (lc, ) (Entered: 07/23/2004)

July 22, 2004

July 22, 2004

34

EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses filed by defendant BSH Home Appliances Corporation. Lodged order. (lc, ) Modified on 7/27/2004 (lc, ). (Entered: 07/27/2004)

July 23, 2004

July 23, 2004

35

DECLARATION of Ellen D Stuart in support of EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses[34] filed by defendant BSH Home Appliances Corporation. (lc, ) (Entered: 07/27/2004)

July 23, 2004

July 23, 2004

36

PROOF OF SERVICE filed by defendant BSH Home Appliances Corporation. re [34] EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses, [35] Declaration (Motion related), was served on 7/23/04 by mail. (lc, ) (Entered: 07/27/2004)

July 23, 2004

July 23, 2004

37

ORDER by Judge Rosalyn M. Chapman : denying as moot [34] plaintiffs Ex Parte Application to Continue hearing on motion to compel; see 7/22/04 order; denied on merits as to the remainder (lc, ) (Entered: 07/28/2004)

July 26, 2004

July 26, 2004

39

OPPOSITION to EX PARTE APPLICATION to Continue hearing on motion to compel discovery responses[34] filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 07/30/2004)

July 26, 2004

July 26, 2004

38

ORDER by Judge Rosalyn M. Chapman : the documents listed below were improperly filed for the following reasons: It is untimely. Local Rule 37-2.3; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Memorandum in Support of Motion[31].(dts, ) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

40

NOTICE OF MOTION AND MOTION to Compel Deposition of BSH management employee witnesses filed by plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 8/18/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. (lc, ) (Entered: 08/02/2004)

July 28, 2004

July 28, 2004

41

JOINT STIPULATION for motion to compel BSH management employee witnesses filed by plaintiff U S Equal Employment Opportunity Commission. (lc, ) (Entered: 08/02/2004)

July 28, 2004

July 28, 2004

43

MINUTES OF In Chambers - Order by Judge Margaret A. Nagle setting a : Settlement Conference in this matter for 8/27/2004 10:00 AM before Magistrate Judge Margaret A. Nagle. Confidential Settlement Conference Statements are due by 8/20/04. (ec, ) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

44

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Rachel B Cowen for BSH Home Appliances Corporation, designating Ellen Stuart McLane as local counsel. Fee paid. Approved by Judge Terry J. Hatter Jr.(lc, ) (Entered: 08/11/2004)

Aug. 10, 2004

Aug. 10, 2004

45

MOTION and MEMORANDUM to Overrule the Magistrate's Order granting EEOC's motion to compel filed by Defendant BSH Home Appliances Corporation. Motion taken under submission on 9/20/2004 before Honorable Terry J. Hatter Jr. (shb, ) (Entered: 08/25/2004)

Aug. 20, 2004

Aug. 20, 2004

46

NOTICE OF MOTION to Overrule the Magistrate's Order granting EEOC's motion to compel[45] filed by Defendant BSH Home Appliances Corporation. (shb, ) (Entered: 08/25/2004)

Aug. 20, 2004

Aug. 20, 2004

47

MINUTES (In Chambers) by Judge Margaret A. Nagle: Settlement Conference is continued from 8/27/04 to 9/8/2004 09:30 AM before Magistrate Judge Margaret A. Nagle. (ib, ) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

48

ORDER AND JOINT STIPULATION MODIFYING ORDER SETTING DEPOSITION SCHEDULE by Judge Rosalyn M. Chapman: The deposition of Charlene Brown is continued from 9/7/04 to 9/10/04 and the deposition of Jan Mackay is continued from 9/8/04 to 9/20/04.(mch, ) (Entered: 09/02/2004)

Aug. 27, 2004

Aug. 27, 2004

49

OPPOSITION to BSH Motion and Memorandum to overrule the Magistrate Order granting EEOC motion to compel [45] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir ) (Entered: 09/08/2004)

Sept. 3, 2004

Sept. 3, 2004

50

DECLARATION of Sue J Noh regarding Concurrently filed EEOC Opposition to BSH Motion and Memorandum to overrule the Magistrates order granting EEOC Motion to compel [45] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir ) (Entered: 09/08/2004)

Sept. 3, 2004

Sept. 3, 2004

51

MINUTES OF Settlement Conference held before Judge Margaret A. Nagle. A settlement in principal has been reached between the parties.Tape #: 04-49. (ec, ) (Entered: 09/20/2004)

Sept. 8, 2004

Sept. 8, 2004

52

STIPULATION AND ORDER by Judge Terry J. Hatter Jr : Discovery is stayed 10 days during which parties wil work to finalize settlement through consent decree 51.(lc, ) (Entered: 09/21/2004)

Sept. 20, 2004

Sept. 20, 2004

53

ORDER AND JOINT STIPULATION FOR A FURTHER STAY OF DISCOVERY by Judge Terry J. Hatter Jr: Additional ten day stay on discovery during which the parties will work to finalize the settlement through the Consent Decree.(ir, ) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

55

MINUTES OF In Chambers Conference held before Judge Terry J. Hatter Jr: The Court has been informed that this case has settled, therefore, the Final Pretrial Conference hearing previously set for 11/29/04 at 10:00am will be taken off calendar, pending the proposed consent decree to follow. No appearance is necessary. Court Reporter: not reported. (rl, ) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

56

CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b) filed Jointly, signed by Judge Terry J. Hatter Jr. Case reassigned to Magistrate Judge Margaret A. Nagle for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (pbap, ) (Entered: 02/22/2005)

Feb. 17, 2005

Feb. 17, 2005

57

CONSENT DECREE by Judge Margaret A. Nagle: IT IS SO ORDERED. (dw, ) (Entered: 03/04/2005)

March 3, 2005

March 3, 2005

(Made JS-6. Case Terminated.) (dw, ) (Entered: 03/04/2005)

March 3, 2005

March 3, 2005

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, 2003

Closing Date: March 1, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

BSH Home Appliances Corporation (Huntington Beach, California), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 75000

Order Duration: 2005 - 2006

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit