Case: EEOC v. HERNANDEZ COMPANIES, INC.

2:97-cv-02029 | U.S. District Court for the District of Arizona

Filed Date: Sept. 30, 1997

Closed Date: July 28, 2000

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this suit against Hernandez Companies Inc., an electrical support company, in September of 1997, in the U.S. District Court for the District of Arizona. The only document available from PACER is the court docket, meaning there is little known about the allegations and the terms of the outcome. The suit was resolved after little in the way of motions and events, by a consent decree in July of 1998. The terms of the consent decree given in the docket say that the complainant was to be given $16,500, $6,500 for back pay and $10,000 for compensatory damages, for being discriminated against based on his disability.

Summary Authors

Alex Bean (7/30/2007)

Documents in the Clearinghouse

Document

2:97-cv-02029

Docket

EEOC v. Hernandez Companies

July 28, 1998

July 28, 1998

Docket

Resources

Docket

Last updated April 16, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 10/02/1997)

Sept. 30, 1997

Sept. 30, 1997

2

STANDARD CIVIL TRACK INITIAL ORDER by Judge Roger G. Strand (cc: all counsel) re: order [2-1] (MAP) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

3

RETURN OF SERVICE EXECUTED summons/complaint upon dft Hernandez Companies on 10/7/97 (TCA) (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

4

ANSWER by dft Hernandez Companies (TCA) (Entered: 10/29/1997)

Oct. 27, 1997

Oct. 27, 1997

5

NOTICE by pla EEOC to the Court svc of standard civil track order to dft (TCA) (Entered: 11/20/1997)

Nov. 18, 1997

Nov. 18, 1997

6

ORDER SETTING RULE 16 PRELIMINARY PRETRIAL CONFERENCE by Judge Roger G. Strand ; prel scheduling conf set for 3:00 3/2/98 (cc: all counsel) (MAP) (Entered: 12/02/1997)

Dec. 2, 1997

Dec. 2, 1997

7

MINUTE ORDER Having been notified by counsel that duplicate orders setting Rl6 conference were received, Rl6 scheduling conference is set for March 2, l998 at 3:00PM.(cc: all counsel) [7] re: order [7-1] (former emp) (Entered: 12/08/1997)

Dec. 8, 1997

Dec. 8, 1997

8

STIPULATION to continue pretrial conference and order by attys for plt and dft (KMG) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

9

ORDER by Judge Roger G. Strand granting stipulation prel scheduling continued to 3:30 3/16/98 (cc: all counsel) (MAP) (Entered: 02/25/1998)

Feb. 25, 1998

Feb. 25, 1998

10

Proposed Case Management Plan 42c due 11/2/98 Discovery cutoff 7/31/98 Motion filing ddl is 8/31/98 filed by attys for plt and dft (KMG) (Entered: 03/05/1998)

March 4, 1998

March 4, 1998

11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

12

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Hernandez Companies (KMG) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

13

Dfts initial disclosure statement pursuant to FRCivP 26(a) by dft Hernandez Companies (KMG) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

14

MINUTE ENTRY Judge Inits: RGS Crt Rptr: VICKI REGER ; prel scheduling conf held ORD discovery ddl set for 7/31/98; disclosure of pltf's experrts 5/29/98; rebuttal witnesses 6/29/98; dispositive motions due 8/31/98; Pretrial conference set for 4:00PM, 11/16/98; jury trial set for 9:30AM, 12/2/98. FUR ORDERED referring this case to a Mag/Judge for settlement conf. The Clerk, by random lot, draws and assigns Mag/Judge Stephen L. Verkamp for settlement conf; conf to be set by Judge Verkamp. [cc: all cnsl] [14] (former emp) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

15

ORDER by Mag Judge Stephen L. Verkamp ; settlement conference set for 7/28/98, U.S. District Court, 123 North San Francisco St, Suite 200, Flagstaff, Az. That at least five days before the conference, the parties shall LODGE directly with the Magistrate Judge a settlement conf. statement. Copies of this statement shall NOT be served upon the other parties. (cc: all counsel) (KMG) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

16

NOTICE by dft Hernandez Companies OF TAKING DEPO OF Brian Magur on the following date(s): 6/2/98 (KMG) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

17

NOTICE of compliance of supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

18

NOTICE by pla EEOC of service of plt EEOC's first set of non-uniform interrogatories, first request for production of documents, and first request for admissions (KMG) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

19

NOTICE of service of discovery; Request for production of documents by dft Hernandez Companies . (KMG) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

20

NOTICE of service of discovery; First set of non-uniform interrogatories by dft Hernandez Companies. (KMG) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

21

NOTICE of service of discovery; First request for admissions documents by dft Hernandez Companies. (KMG) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

22

NOTICE of service of discovery; Second request for production of documents by pla EEOC . (KMG) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

23

ORDER by Mag Judge Stephen L. Verkamp vacating [15-1] settlement conference set for 7/28/98. The Court having been advised that the parties have been able to resolve their differences. (cc: all counsel) (KMG) (Entered: 07/22/1998)

July 22, 1998

July 22, 1998

24

CONSENT DECREE by Judge Roger G. Strand re: complaint [1-1] This Decree resolves all claims arising out of the issues between the Commission and Hernandez in this lawsuit, including without limitation back pay, compensatory and punitive damages, injunctive relief, costs and attorneys' fees. Hernandez, its agents, officers, successors, assigns, and all persons in active concert or participation with it, are permanently enjoined for the duration of this decree from discriminating against any employee because of his or her disability. Judgment is entered in favor of the Commission and against Hernandez in the amount of $16,500 representing $6,500 for back pay and $10,000 for compensatory damages to Brian Magur. The duration of this decree shall be two years from its entry. This Court shall retain jurisdiction of this action for a period of twenty-four months after entry of the decree. See decree for more details. terminating case (cc: all counsel) (KMG) (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1997

Closing Date: July 28, 2000

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

Hernandez Companies, Inc. (Phoenix), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 16500

Order Duration: 1998 - 2000

Content of Injunction:

Discrimination Prohibition

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits