Case: EEOC v. ROSWELL RADIO, INC

1:04-cv-00729 | U.S. District Court for the District of New Mexico

Filed Date: June 29, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees to a work environment hostile to…

In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees to a work environment hostile to claimants' sex, and one case pregnancy, resulting in constructive discharge, or in one case retaliatory discharge following opposition to these practices. Following some discovery and a partial motion for summary judgment by the EEOC that was never decided, the parties settled the lawsuit through a consent decree in April 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the claimants' with neutral references, develop an anti-discrimination policy, provide training to all employees, stockholders and owners of the company, distribute and post notice of employee rights, develop a complaint resolution process, and pay $280,000 to be distributed to three complainants to cover damages, costs and attorney's fees. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Daisy Manning (10/18/2007)

Documents in the Clearinghouse

Document

1:04-cv-00729

Docket (PACER)

EEOC v. Roswell Radio, Inc

Oct. 12, 2006

Oct. 12, 2006

Docket
1

1:04-cv-00729

Complaint

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

June 29, 2004

June 29, 2004

Complaint
43

1:04-cv-00729

Discovery and Confidentiality Order

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

March 29, 2005

March 29, 2005

Order/Opinion
52

1:04-cv-00729

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

Sept. 19, 2005

Sept. 19, 2005

Order/Opinion
74

1:04-cv-00729

Consent Decree

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

April 13, 2006

April 13, 2006

Settlement Agreement

1:04-cv-00729

EEOC Litigation Settlements - April 2006

EEOC v. Roswell Radio, Inc.

No Court

July 5, 2006

July 5, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5313907/eeoc-v-roswell-radio-inc/

Last updated April 11, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Karen B. Molzen) (emr) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

2

NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (cc: intake) (jrm) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

3

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Leslie C Smith to District Judge Bruce D. Black (cc: all counsel*) (jrm) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

SUMMONS issued as to deft c/o John M Dunn registered agent (jrm) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

4

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by deft on 8/5/04 (*) (jrm) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

5

ANSWER by defendant [1-1] * (sl) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

6

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 10/14/04 at 1:30 pm; provisional discovery plan and IPTR due on 10/7/04 (cc: all counsel*) (sl) (Entered: 08/27/2004)

Aug. 26, 2004

Aug. 26, 2004

7

PROVISIONAL DISCOVERY PLAN by parties herein (*) (jrm) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

8

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 10/7/04 * (vv) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

9

CERTIFICATE of service of Rule 26(a) initial disclosures by deft to counsel on 10/7/04 (*) (jrm) Modified on 10/08/2004 (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

10

MOTION by deft to stay proceedings (*) (jrm) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

11

MEMORANDUM by deft in support of motion to stay proceedings [10-1] (*) (jrm) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

13

ORDER by Magistrate Judge Karen B. Molzen setting a settlement conference for 1/12/05 @ 1:30 pm in Las Cruces, NM (cc: all counsel*) (jrm) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

14

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Karen B. Molzen ; Discovery set for 3/14/05 ; mtn filing ddl set for 4/18/05 ; proposed pretrial order due 6/28/05 ; pretrial conference set for 8:30 am on 8/8/05 ; jury trial set for 9:00 am on 8/23/05 in Roswell, NM ; Estimated # of Trial Days: 7-10; Chances of Settlement: unknown (cc: all counsel) (jrm) Modified on 11/01/2004 (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

15

MEMORANDUM OF RESPONSE by pltf to motion to stay proceedings [10-1] (*) (jrm) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

16

REPLY by deft to response to mtn to stay proceedings [10-1]* (kd) (Entered: 11/24/2004)

Nov. 24, 2004

Nov. 24, 2004

17

ERRATA by defendant to reply to motion to stay [16-1] * (sl) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

18

NOTICE by defendant of completion of briefing on motion to stay proceedings [10-1]* (sl) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

19

CERTIFICATE of service of 1st set of interrog(s) & 1st request for production by pltf to counsel on 12/6/04 (*) (jrm) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

20

CERTIFICATE of service of 1st supplemental Rule 26(a) disclosures by deft to counsel on 12/21/04 (*) (jrm) (Entered: 12/22/2004)

Dec. 21, 2004

Dec. 21, 2004

21

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 12/22/04 (*) (jrm) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

22

CERTIFICATE of service of answers to 1st set of interrog(s) & responses to 1st request for production by deft to counsel on 1/10/05 (*) (jrm) Modified on 01/11/2005 (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

23

MOTION by deft for protective order re: striking/discovery (*) (jrm) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

24

MEMORANDUM of law by deft in support of motion for protective order re: striking/discovery [23-1] (*) (jrm) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

25

SETTLEMENT CONFERENCE held before US Magistrate Judge Karen B. Molzen; case did not settle (js) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

26

MINUTE ORDER: Case referred from Magistrate Judge Karen B Molzen to Magistrate Judge Leslie C. Smith as further described herein (cc: all counsel*) (jrm) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

27

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference re: all pending mtns set for 2/1/05 @ 11:00 am (cc: all counsel*) (jrm) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

29

APPENDIX of exhibits filed by pltf in support of response to motion for protective order re: striking/discovery [23-1] (jrm) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

30

UNOPPOSED MOTION by pltf to extend time until 2/28/05 to serve mtn to compel (*) (jrm) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

31

MOTION by deft for leave to file supplemental brief in support of its mtn to stay (jrm) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

32

CERTIFICATE of service of 1st request for admissions & 2nd request for production by pltf to counsel on 2/3/05 (*) (jrm) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

33

CERTIFICATE of service by defendant of 1st interrogatories, requests for admissions/production to counsel on 2/10/05 * (vv) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

34

AMENDED CERTIFICATE of service of 1st set of interrog(s), requests for admissions & requests for production by deft to counsel on 2/11/05 (*) (jrm) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

35

RESPONSE by pltf to motion for leave to file supplemental brief in support of its mtn to stay [31-1] (*) (jrm) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

36

CERTIFICATE of service of responses to 2nd requests for production & 1st request for admissions by deft to counsel on 2/21/05 (*) (jrm) (Entered: 02/22/2005)

Feb. 21, 2005

Feb. 21, 2005

37

REPLY by defendant to response to motion for leave to file supplemental brief in support of its mtn to stay [31-1] * (vv) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

38

NOTICE by deft of completion of briefing on mtn for leave to file supplemental brief in support of mtn to stay [31-1] (*) (jrm) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

39

CERTIFICATE of service of 2nd supplemental initial disclosures by pltf to counsel on 3/1/05 (*) (jrm) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

40

ORDER by Magistrate Judge Leslie C. Smith setting a settlement conference for 3/15/05 @ 8:15 am in Roswell, NM (cc: all counsel*) (jrm) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

41

DISCOVERY STIPULATION re witnesses by parties* (sl) (Entered: 03/15/2005)

March 14, 2005

March 14, 2005

42

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 4/7/05 @ 10:00 am (cc: all counsel*) (jrm) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

43

DISCOVERY & CONFIDENTIALITY ORDER by Magistrate Judge Leslie C. Smith re [40-1] (cc: all counsel) (yc) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

44

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 5/23/05 @ 11:30 am (cc: all counsel*) (jrm) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

46

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Status hearing held; parties request time to analyze financial records as further described herein Law Clerk: J. Fritsch (yc) (Entered: 04/07/2005)

April 4, 2005

April 4, 2005

47

ORDER by District Judge Bruce D. Black , Case stayed as to pending discovery relating to settlement negotiations re [47-2] stayed through 6/7/05 except Rule 69 depositions & related requests; deft's settlement offer is not accepted by pltf & claimants by 6/7/05, the court will reschedule all discovery & mtns deadlines, trial date and all other matters necessary to bring this matter to a prompt resolution (cc: all counsel) (yc) Modified on 04/28/2005 (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

48

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 7/11/05 @ 10:30 am to set settlement conference (cc: all counsel*) (jrm) (Entered: 06/28/2005)

June 28, 2005

June 28, 2005

49

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference reset for 8/8/05 @ 10:00 am (cc: all counsel*) (jrm) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

50

ORDER by Magistrate Judge Leslie C. Smith vacating Order staying discovery [47-1] Discovery cutoff 9/30/05 ; Motion Filing cutoff 11/15/05 (cc: all counsel*) (jrm) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

51

NOTICE by pltf of unavailability of counsel between 8/26/05 & 9/9/05 (*) (jrm) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

52

MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Leslie C. Smith granting/denying in part deft's motion for protective order re: striking/discovery as described herein [23-1] (cc: all counsel*) (jrm)

Sept. 19, 2005

Sept. 19, 2005

RECAP
53

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Discovery cutoff 11/15/05 ; Motion Filing cutoff 12/15/05 (*) (jrm) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

54

CONFIDENTIALITY ORDER by Magistrate Judge Leslie C. Smith re [52-1] (cc: all counsel) (yc) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

55

NOTICE of hearing before District Judge Black Pretrial conference set for 4/20/06 @ 1:30 pm ; Jury selection/ trial set for 5/1/06 @ 9:00 am, all in Albuquerque (cc: all counsel*) (jrm) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

56

ORDER by Magistrate Judge Leslie C. Smith setting settlement conference for 11/2/05 at 8:30 am (cc: all counsel) * (vv) (Entered: 10/20/2005)

Oct. 19, 2005

Oct. 19, 2005

57

CERTIFICATE of service of answers & responses by deft to counsel on 10/20/05 (jrm) (Entered: 10/25/2005)

Oct. 24, 2005

Oct. 24, 2005

58

ORDER by Magistrate Judge Leslie C. Smith vacating the 11/2/05 settlement conference (cc: all counsel*) (jrm) (Entered: 10/28/2005)

Oct. 27, 2005

Oct. 27, 2005

59

CERTIFICATE of service by defendant of 1st supplemental responses to 1st request for production to counsel on 10/28/05 (vv) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

60

UNOPPOSED MOTION by pltf to extend time to brief dispositive mtns as described herein (jm) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

62

NOTICE by parties of discovery stipulation (vv) (Entered: 11/28/2005)

Nov. 25, 2005

Nov. 25, 2005

63

MOTION by pltf for partial summary judgment (jrm) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

64

MEMORANDUM by pltf in support of motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

65

AFFIDAVIT of Loretta Medina re: motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

66

AFFIDAVIT of Jeffrey Stuhlmann re: motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

67

UNOPPOSED MOTION by deft to extend time to file response to mtn for partial sum/jgm (*) (jrm) (Entered: 12/30/2005)

Dec. 30, 2005

Dec. 30, 2005

68

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Telephonic status conference held * (vv) (Entered: 12/30/2005)

Dec. 30, 2005

Dec. 30, 2005

69

ORDER by Magistrate Judge Leslie C. Smith granting deft's unopposed motion to extend time to file response to mtn for partial sum/jgm until 1/13/06 & pltf shall reply by 1/25/06 to deft's response; [67-1] (cc: all counsel) (yc) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

70

RESPONSE by deft to motion for partial summary judgment [63-1] (*) (jrm) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

71

REPLY memo in support by pltf to response to motion for partial summary judgment [63-1] (jrm) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

72

NOTICE by pltf of completion of briefing on mtn for partial sum/jgm [63-1] (jrm) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

73

NOTICE of hearing before District Judge Black Jury selection/trial set for 5/1/06 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

74

CONSENT (decree) JUDGMENT by District Judge Bruce D. Black as described herein (cc: all counsel) (sl) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

75

CERTIFICATE of service of answers to 1st set of interrog(s) & 1st request for production by deft to counsel on 10/12/06 (*) "DOCUMENT FILED IN ERROR" (jrm) Modified on 11/15/2006 (Entered: 10/13/2006)

Oct. 12, 2006

Oct. 12, 2006

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: June 29, 2004

Closing Date: 2009

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

Roswell Radio, Inc. (Roswell; Tucumcari), Private Entity/Person

Roswell Radio, Inc. (Roswell, New Mexico; Tucumcari, New Mexico), 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: 280000

Order Duration: 2006 - 2009

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits