Case: EEOC v. EARL SCHEIB AUTO BODY & PAINT

3:03-cv-01934 | U.S. District Court for the Southern District of California

Filed Date: Sept. 29, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles District Office of the EEOC filed this lawsuit against Earl Scheib Inc., doing business as Earl Scheib Paint & Body, and 6 Does, alleging discrimination and retaliation on the basis of race, black, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged racial harassment and race based discrimination by subjecting them to harassment and a hostile work environment, and retaliated against them following their complaint abo…

In September 2003, the Los Angeles District Office of the EEOC filed this lawsuit against Earl Scheib Inc., doing business as Earl Scheib Paint & Body, and 6 Does, alleging discrimination and retaliation on the basis of race, black, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged racial harassment and race based discrimination by subjecting them to harassment and a hostile work environment, and retaliated against them following their complaint about such treatment. Following some discovery, the parties settled the lawsuit in September 2004 through a consent decree.

The three year decree required the defendant to: make reports on complaints and other compliance reports, keep records, allow access to outsiders for monitoring, hire an outside EEOC consultant, agree not to harass, discriminate or retaliate against their employees, post notice of employee rights, provide annual training to all employees, and pay $375,000 to be distributed among five complaining parties and a fund for unidentified claimants.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is presumably closed.

Summary Authors

Daisy Manning (1/16/2008)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

Document

3:03-cv-01934

Docket [PACER]

EEOC v. Earl Scheib Inc, et al

Sept. 29, 2004

Sept. 29, 2004

Docket
1

3:03-cv-01934

Complaint

EEOC v. Earl Scheib d/b/a Earl Scheib Paint & Body

Sept. 29, 2003

Sept. 29, 2003

Complaint

3:03-cv-01934

EEOC Litigation Settlement Report - August 2004

EEOC v. Earl Scheib, Inc., d/b/a Earl Scheib Paint & Body

No Court

Aug. 31, 2004

Aug. 31, 2004

Press Release
15

3:03-cv-01934

Consent Decree

EEOC v. Earl Scheib d/b/a Earl Scheib Paint & Body

Sept. 29, 2004

Sept. 29, 2004

Order/Opinion

Resources

Docket

Last updated March 20, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Filed; (referred to Magistrate Judge Nita L. Stormes); Receipt No/Amt of Fee: No fee paid, Govt is plaintiff; jury demand. (dkt clerk) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

3

Notice of Party with Financial Interest by EEOC (dkt clerk) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

4

Waiver of service of summons by defendant Earl Scheib Inc on 10/14/03 (tkl) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

5

Motion by plaintiff EEOC to permit appearance of govt atty (LR1.1(d) and 83.3) [ motion(s) referred to Judge Barry T. Moskowitz ] (tkl) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

6

Order by Judge Barry T. Moskowitz: it is ordered that Connie Liem be permitted to practice before the bar of this ct in all matters relating to the US EEOC during her employment by the US EEOC subject to the requirement that she comply w/ LR 83.3C.3.b [5-1] (tkl) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

7

Notice by Connie Liem attorney for plaintiff EEOC of change of address (dkt clerk) (Entered: 01/15/2004)

Jan. 13, 2004

Jan. 13, 2004

8

Order by Magistrate Judge Nita L. Stormes Case referred to Magistrate Judge Barbara L. Major , New case:03cv1934-BTM(BLM) (tkl) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

9

JOINT NOTICE AND Stipulation of settlement and Order by Judge Barry T. Moskowitz: It is ordered that all dates be vacated pending final settlement, this Court retains jurisdiction over this matter status conf set for 11:30 6/4/04 before Judge Barry Ted Moskowitz (dkt clerk) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

10

Minutes: Enter Order by Judge Barry T. Moskowitz: On Court's own motion a status hrg is set for 06/04/04 at 11:30am. Court Reporter: n/a (dkt clerk) (Entered: 04/30/2004)

April 28, 2004

April 28, 2004

11

Minutes: Enter Order by Judge Barry T. Moskowitz Parties have reached a Settlement conf cont 11:30 7/16/04 before Judge Barry Ted Moskowitz Court Reporter: B. Harris (tkl) Modified on 06/15/2004 (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

12

Minutes Enter Order by Judge Barry T. Moskowitz: Settlement conf continued to 10:00 8/3/04 before Judge Barry Ted Moskowitz ; Court Reporter: N/A (lmh) (Entered: 07/21/2004)

July 16, 2004

July 16, 2004

13

Minutes Enter Order by Judge Barry T. Moskowitz: Status conf held and continued to 4:30 8/30/04 before Judge Barry Ted Moskowitz ; Court Reporter: Cameron Kircher (lmh) (Entered: 08/05/2004)

Aug. 3, 2004

Aug. 3, 2004

14

Minutes: Enter Order by Judge Barry T. Moskowitz; consent degree has been submitted; status conf off calendar 4:30 8/30/04 ; Court Reporter: N/A (ksr) (Entered: 09/02/2004)

Aug. 30, 2004

Aug. 30, 2004

15

Consent Judgment by Judge Barry T. Moskowitz; the provisisons of the consent decree are hereby approved and compliance with all provisions. terminating case (ksr) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

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. 29, 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

Does 1-6, Private Entity/Person

Earl Scheib Inc. (San Diego, California), 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: 375000

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits