Case: EEOC v. GRIMMWAY FARMS

1:06-cv-00561 | U.S. District Court for the Eastern District of California

Filed Date: May 11, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In May 2006 the San Francisco District Office of the EEOC filed this lawsuit against Esparza Enterprises, Inc. and Grimmway Enterprises, Inc., doing business as Grimmway Farms, in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a sexually hostile work environment and retaliated against the complainant for op…

In May 2006 the San Francisco District Office of the EEOC filed this lawsuit against Esparza Enterprises, Inc. and Grimmway Enterprises, Inc., doing business as Grimmway Farms, in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a sexually hostile work environment and retaliated against the complainant for opposing this practice. The complaining party intervened in the lawsuit in May 2007. Following some discovery and a motion for summary judgment by the defendant that was not resolved, the parties settled the lawsuit in November 2007 through a consent decree.

The two-year decree, containing anti-discrimination and retaliation provisions, required the defendants to: make compliance reports, keep records, allow the EEOC access for monitoring, develop an anti-discrimination policy, post and distribute notice of employee rights, provide EEO training, agree to impose discipline upon violating supervisors/managers, and pay $175,000 in damages to a complaining party. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

David Friedman (4/24/2008)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5728521/parties/eeoc-v-grimmway-enterprises-inc/


Expert/Monitor/Master/Other

Bryant, Shelley G. (California)

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Documents in the Clearinghouse

Document

1:06-cv-00561

Docket (PACER)

EEOC v. Grimmway Enterprises, Inc.

Nov. 19, 2007

Nov. 19, 2007

Docket
1

1:06-cv-00561

Complaint

EEOC v. Grimmway Enterprises, Inc.

May 10, 2006

May 10, 2006

Complaint
45

1:06-cv-00561

Complaint in Intervention - Civil Rights

EEOC, Ana-Berta Rubio v. Grimmway Enterprises, Inc.

May 18, 2007

May 18, 2007

Complaint

1:06-cv-00561

Consent Decree

EEOC v. Grimmway Enterprises, Inc.

Nov. 15, 2007

Nov. 15, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5728521/eeoc-v-grimmway-enterprises-inc/

Last updated April 11, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Ordonio-Dixon, Linda) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

AT CASE CONVERTED to CIVIL CASE 1:06-cv-561 AWI DLB(Martin, S) (Entered: 05/11/2006)

May 10, 2006

May 10, 2006

2

SUMMONS ISSUED as to *Grimmway Enterprises, Inc. d/b/a Grimmway Farms, Esparza Enterprises, Inc.* with answer to complaint due within *20* days. Attorney *Linda Susan Ordonio-Dixon* *U.S. Equal Employment Opportunity Commission* *350 The Embarcadero, Suite 500* *San Francisco, CA 94105-1260*. (Martin, S) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/10/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Martin, S) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

4

CLERK'S NOTICE (TEXT ENTRY ONLY) to Linda Ordonio-Dixon) re 1 Complaint. Your document is not signed. Your signature on an electronically filed document is indicated by /s/ First Name-Last Name. Please include this text on the signature line of all future filings(Local Rule 7-131c). (Carter-Ford, R) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

6

ORDER TO CONTINUE SCHEDULING CONFERENCE Scheduling Conference CONTINUED from 8/10/2006 to 10/12/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. signed by Judge Dennis L. Beck on 8/9/2006. (Hernandez, M)

Aug. 9, 2006

Aug. 9, 2006

RECAP
7

MOTION to CONTINUE CASE MANAGEMENT CONFERENCE DATES by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio-Dixon)(Ordonio-Dixon, Linda) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

8

ORDER Scheduling Conference RESET from 10/12/2006 to 12/14/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Joint Scheduling Report Deadline 12/7/2006. signed by Judge Dennis L. Beck on 10/6/2006. (Hernandez, M)

Oct. 6, 2006

Oct. 6, 2006

RECAP
9

MOTION for EXTENSION To Continue Case Mgt Conference by Equal Employment Opportunity Commission by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio-Dixon)(Ordonio-Dixon, Linda) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

10

THIRD MOTION TO EXTEND SCHEDULING CONFERENCE AND ORDER The Scheduling Conference is CONTINUED to 2/21/2007 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. The Joint Scheduling Report is due 2/14/2007. signed by Judge Dennis L. Beck on 12/13/2006. (Hernandez, M)

Dec. 13, 2006

Dec. 13, 2006

RECAP
11

MOTION for EXTENSION 2 weeks by Equal Employment Opportunity Commission Motion for Extension of Case Management Conference by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

12

CLERK'S NOTICE (TEXT ONLY) to Linda Ordonio-Dixon re 11 MOTION for EXTENSION 2 weeks by Equal Employment Opportunity Commission. Your document is not signed. Your signature on an electronically filed document is indicated by/s/ First Name-Last Name. Please include this text on the signature line of all future filings(Local Rule 7-131c). (Gil-Garcia, A) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

13

ORDER GRANTING 7 Motion to Continue Scheduling Conference from 2/21/2007 to 3/7/2007 at 9:00 am before Magistrate Judge Beck. signed by Judge Dennis L. Beck on 2/20/2007. (Hernandez, M) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

14

ORDER by Chief Judge David F. Levi; Due to the recent appointment of Judge Lawrence J. O'Neill to the position of U.S. District Judge, this action is REASSIGNED from Judge Anthony W. Ishii to Judge Lawrence J. O'Neill for all further proceedings. (Timken, A) (Entered: 02/24/2007)

Feb. 24, 2007

Feb. 24, 2007

15

MINUTE ORDER: (TEXT ONLY) DUE TO REASSIGNMENT OF DISTRICT JUDGE - Scheduling Conference set for 3/7/2007 at 09:00 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. NOTE: DATE SET BEFORE JUDGE BECK HAS BEEN VACATED (3/7/07). Counsel may appear by telephone by arranging a one-line conference call and calling the court at (559) 499-5680. (Lira, I) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

16

MINUTE ORDER: (TEXT ONLY) Scheduling Conference currently set for 3/7/07 has been CONTINUED 6/6/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. A joint scheduling report is due 5/30/07. (Lira, I) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

17

STIPULATION and Proposed Order by Grimmway Enterprises, Inc., Equal Employment Opportunity Commission, Esparza Enterprises, Inc.. Attorney Bauer, Paul J. added. (Bauer, Paul) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

18

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. (Proof of Service) (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

19

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. "Proof of Service" of Grimmway Enterprises, Inc. d/b/a Grimmway Farms (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

20

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. "Proof of Service" of Esparza Enterprises, Inc. (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

21

MINUTE ORDER: Scheduling Conference currently set for 6/6/07 has been CONTINUED to 6/12/2007 at 08:45 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. STANDING ORDER attached. (Judge O'Neill is required to attend an out-of-district seminar the week of June 5th). (Lira, I) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

22

CLERK'S NOTICE: Attn: Linda Ordonio-Dixon regarding 20 Certificate of Service, 18 Certificate of Service, 19 Certificate of Service - Proof of Service of Summons and Complaint ~ When filing a proof of service of the Summons and Complaint, you must use the event Summons Returned Executed under the Service of Process category. Please re-file your document using the correct event. (Kusamura, W) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

23

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. Grimmway Enterprises, Inc. served on 2/23/2007, answer due 3/15/2007. (Ordonio-Dixon, Linda) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

24

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. Esparza Enterprises, Inc. served on 2/23/2007, answer due 3/15/2007. (Ordonio-Dixon, Linda) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

25

STIPULATION and ORDER extending defendants response time. Response due by 5/4/2007. Order signed by Judge Lawrence J. O'Neill on 3/19/2007. (Timken, A)

March 19, 2007

March 19, 2007

RECAP
26

MOTION to INTERVENE by Ana-Berta Rubio. Attorney Smith, William J. added. Motion Hearing set for 5/18/2007 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Smith, William) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

27

MEMORANDUM/RESPONSE in SUPPORT re 26 MOTION to INTERVENE. (Smith, William) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

29

PROPOSED ORDER Proposed Order re 26 MOTION to INTERVENE. (Smith, William) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

30

STATEMENT of NON-OPPOSITION to MOTION re 26 MOTION to INTERVENE. (Ordonio-Dixon, Linda) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

31

ANSWER to COMPLAINT with Jury Demand by Grimmway Enterprises, Inc.. Attorney Brumfield, Lorna Hislop added.(Brumfield, Lorna) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

32

ANSWER to COMPLAINT by Esparza Enterprises, Inc..(Bauer, Paul) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

33

MINUTE ORDER: (TEXT ENTRY ONLY) RESET MOTION HEARING as to 26 MOTION to INTERVENE: Motion Hearing RESET from 5/18/2007 to 5/17/2007 at 02:00 PM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

34

STANDING ORDER for Judge O'Neill (Lira, I)

May 10, 2007

May 10, 2007

RECAP
35

MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues by Grimmway Enterprises, Inc.. Attorney Kinney, Jay Nile added. Motion Hearing set for 6/18/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

36

MEMORANDUM/RESPONSE in SUPPORT re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

37

DECLARATION of Rita C, Serda in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

38

DECLARATION of Sean McNally in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

39

STATEMENT of undisputed material facts in support of motion for summary judgment or summary adjudication by Defendant Grimmway Enterprises, Inc. re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

40

APPENDIX by Grimmway Enterprises, Inc. re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues filed by Grimmway Enterprises, Inc.,. Appendix of non-case/statutory authorities cited (Kinney, Jay) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

41

STATEMENT of NON-OPPOSITION to MOTION re 26 MOTION to INTERVENE. by Defendant GRIMMWAY (Brumfield, Lorna) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

43

MINUTE ORDER: (TEXT ENTRY ONLY) Motion to Intervene by Ana-Berta Rubio 26 set for hearing 5/17/07 at 2:00pm before Magistrate Judge Beck IS TAKEN OFF CALENDAR. The motion is unopposed, the court will issue written order. (Hernandez, M) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

44

ORDER GRANTING Motion to Intervene 26 . Signed by Judge Dennis L. Beck on 5/15/07. (Hellings, J)

May 18, 2007

May 18, 2007

RECAP
45

INTERVENOR COMPLAINT by Ana-Berta Rubio.(Smith, William) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

46

MEMORANDUM/RESPONSE in OPPOSITION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Attachments: # 1 Statement of Disputed Facts# 2 Statement of Response/Objections to Grimmway Facts# 3 Declaration of Moore# 4 Exhibit s to the Decl of Moore)(Ordonio-Dixon, Linda) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

47

JOINDER by Ana-Berta Rubio in plaintiff's opposition to defendant's motion for summary judgment 46 35 . (Smith, William) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

48

JOINT SCHEDULING REPORT by Grimmway Enterprises, Inc.. (Brumfield, Lorna) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

49

MINUTE ORDER: (TEXT ONLY) Scheduling Conference currently set for 6/12/07 has been CONTINUED to 6/28/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Lira, I) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

50

ANSWER to INTERVENOR COMPLAINT by Grimmway Enterprises, Inc..(Brumfield, Lorna) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

51

REPLY to RESPONSE to MOTION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

52

DECLARATION of Lorna H. Brumfield in support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition (Kinney, Jay) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

53

DECLARATION of Rita C. Serda in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition (Kinney, Jay) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

54

REPLY to RESPONSE to MOTION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition to Evidence (Kinney, Jay) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

55

DECISION ON DEFENDANT'S SUMMARY JUDGMENT MOTION 35 : SCHEDULING CONFERENCE currently set for 6/28/07 has been VACATED AND RESET for 8/31/07 at 8:30am. signed by Judge Lawrence J. O'Neill on 6/12/07. (Lira, I)

June 12, 2007

June 12, 2007

RECAP
57

MINUTE ORDER: (TEXT ONLY ENTRY) Scheduling Conference currently set for 831/07 has been CONTINUED to 9/26/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. Parties are in settlement negotiations. (Lira, I) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

58

NOTICE of SETTLEMENT by Ana-Berta Rubio.Filing due by 10/15/2007. (Smith, William) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

59

ORDER AFTER SETTLEMENT: Dismissal due by 10/22/2007 signed by Judge Lawrence J. O'Neill on 9/21/07. (Lira, I)

Sept. 21, 2007

Sept. 21, 2007

RECAP
60

MINUTE ORDER: Request for 2-week continuance of date for filing the dismissal is GRANTED. The Court orders that dispositive documents be submitted no later than November 7, 2007. (Lira, I) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

61

PROPOSED ORDER [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

62

Consent Decree, signed by Judge Lawrence J. O'Neill on 11/9/2007. (Scrivner, E)

Nov. 15, 2007

Nov. 15, 2007

RECAP
63

Consent Decree, signed by Judge Lawrence J. O'Neill on 11/15/2007. (Scrivner, E)

Nov. 15, 2007

Nov. 15, 2007

RECAP
64

ORDER To Administratively Close Action, signed by Judge Lawrence J. O'Neill on 11/16/2007. CASE CLOSED. (Scrivner, E)

Nov. 19, 2007

Nov. 19, 2007

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2006

Closing Date: 2009

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

Esparza Enterprises, Inc., Private Entity/Person

Grimmway Enterprises, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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: 175000

Order Duration: 2007 - 2009

Content of Injunction:

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

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