Case: EEOC v. SUNSET FORD, INC.

2:98-cv-01719 | U.S. District Court for the District of Arizona

Filed Date: Sept. 24, 1998

Closed Date: Nov. 28, 2000

Clearinghouse coding complete

Case Summary

In September 1998, the Phoenix EEOC office brought this suit against Sunset Ford Inc. in the U.S. District Court for the District of Arizona. The complaint is unavailable, but the docket indicates that the EEOC alleged sexual harassment of two females in violation of Title VII's prohibition of discrimination because of sex. While pretrial activities, including depositions and discovery, occurred, no trial date was set, and the case was eventually settled by consent judgment in November 2000. The defendant was prohibited from discrimination and retaliation, and two female complainants received $132,500.00 in damages, but the complete document is not available.

Summary Authors

Kevin Wilemon (10/2/2007)

Documents in the Clearinghouse

Document

2:98-cv-01719

Docket (PACER)

EEOC v. Sunset Ford Inc

Nov. 28, 2000

Nov. 28, 2000

Docket

Resources

Docket

Last updated April 4, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 09/29/1998)

Sept. 24, 1998

Sept. 24, 1998

2

AMENDED COMPLAINT by pla EEOC; jury demand [1-1] ; (KMG) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

3

AMENDED COMPLAINT by pla EEOC; jury demand [2-1] ; (KMG) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

4

RETURN OF SERVICE EXECUTED by personal service of summons, Amended Complaint upon Statutory Agent for dft Sunset Ford Inc on 11/9/98 (KMG) (Entered: 11/17/1998)

Nov. 12, 1998

Nov. 12, 1998

5

ANSWER to Complaint by dft Sunset Ford Inc (KMG) (Entered: 12/03/1998)

Nov. 30, 1998

Nov. 30, 1998

6

ORDER by Judge Roslyn O. Silver ; Scheduling Conference set for 3:00 2/8/99 This action is designated a standard track case. (cc: all counsel) (KMG) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

7

STIPULATION to postpone dates by attys for plt and dft (KMG) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

8

ORDER by Judge Roslyn O. Silver granting stipulation that the 2/8/99 Scheduling Conference be vacated and reset for 3/8/99 at 3:00 pm and that the 1/25/99 date for parties Case Managment Meeting and submittal of their Case Management Plan be vacated and reset to 2/22/99. scheduling conf set for 3:00 3/8/99 (cc: all counsel) (KMG) (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

9

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

10

PROPOSED CASE MANAGEMENT PLAN: Discovery cutoff 9/30/99; Motion filing ddl is 10/29/99 (KMG) (Entered: 02/24/1999)

Feb. 23, 1999

Feb. 23, 1999

11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Sunset Ford Inc (KMG) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

12

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll. Appearances: Sandra Padegimas for Plas. Kandace Bradner for Dft. Prel scheduling conf held. Rule 16 hearing agrenda reviewed. Counsel to submit to the Court jointly and in writing if they wish to consent before the magistrate judge by 3/26/99. Parties are to submit the Rule 16 Order by 3/26/99. [cc: JS [12-2] (LCF) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

13

NOTICE of service of discovery by dft Sunset Ford Inc; First set of interrogatories to plt. (KMG) (Entered: 03/24/1999)

March 22, 1999

March 22, 1999

14

NOTICE of service of discovery by dft Sunset Ford Inc; First set of requests for production of documents. (KMG) (Entered: 03/24/1999)

March 22, 1999

March 22, 1999

15

RULE 16 SCHEDULING ORDER by Judge Roslyn O. Silver discovery due 9/30/99 ; dispositive motions due 10/29/99 ; pretrial order due 11/30/99 (cc: all counsel) (MAP) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

16

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Regina Garcia on the following date(s): 5/13/99 at 9:30 AM (former emp) (Entered: 04/02/1999)

March 31, 1999

March 31, 1999

17

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Maria Krutel on the following date(s): 5/11/99 at 9:30 AM (former emp) (Entered: 04/02/1999)

March 31, 1999

March 31, 1999

18

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Linda Beck on the following date(s): 5/10/99 at 9:30 AM (former emp) (Entered: 04/02/1999)

March 31, 1999

March 31, 1999

19

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Staphanie Levandar on the following date(s): 5/6/99 (MAP) (Entered: 04/06/1999)

April 2, 1999

April 2, 1999

20

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Mindy Voras on the following date(s): 5/12/99 (KMG) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

21

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Debra Wirt on the following date(s): 5/4/99 (KMG) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

22

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Peter Giorgiopoulos on the following date(s): 5/5/99 (KMG) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

23

NOTICE of service of discovery by pla EEOC; First set of non-uniform interrogatories and First request for production of documents. (KMG) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

24

NOTICE of compliance of expert witness disclosure statement pursuant to FRCivP 26(a) by dft Sunset Ford Inc (KMG) (Entered: 08/02/1999)

July 29, 1999

July 29, 1999

25

NOTICE of service of discovery by dft Sunset Ford Inc; Dfts response to pla EEOC's First Request for production of docs and Answers to pla EEOC's First Set of Non-Uniform Interrogatories. (KMG) (Entered: 08/10/1999)

Aug. 6, 1999

Aug. 6, 1999

26

STIPULATION for extension of time in which to complete discovery by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 08/16/1999)

Aug. 13, 1999

Aug. 13, 1999

27

ORDER by Judge Roslyn O. Silver granting stipulation ; discovery ddl reset for 1/31/00 ; dispositive motions now due 2/25/00 ; Joint Proposed Pretrial Order ddl now set for 3/31/00 (cc: all counsel) (KMG) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

28

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Debra Wirt Balderrama on the following date(s): 10/13/99 (KMG) (Entered: 09/24/1999)

Sept. 22, 1999

Sept. 22, 1999

29

ORDER by Judge Roslyn O. Silver that the parties furnish the Court with another Notice of Status of Discovery or Settlement in four months from the date of this Order. (cc: all counsel) re: order [29-1] (KMG) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

31

STIPULATION for Extension of Time within which to complete discovery by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

32

ORDER by Judge Roslyn O. Silver that the parties furnish the Court with another Notice of the Status of Discovery of or Settlement in four months from the date of this Order. FURTHER ORDERED the parties shall contact the Court when discovery is complete and before dispositive motions are filed unless such motions have previously been filed. The Court will then set a status hearing to explore options to enhance settlement. (cc: all counsel) re: order [32-1] (KMG) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

33

ORDER by Judge Roslyn O. Silver granting stipulation that the following extensions have been given: discovery ddl set for 5/31/00 ; dispositive motions due 7/14/00 ; Joint Proposed Pretrial Order ddl set for 8/15/00 (cc: all counsel) (KMG) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

34

REVISED NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Debra Wirt Balderrama on the following date(s): 3.17.00 (LCF) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

35

NOTICE of service of discovery by pla EEOC; Second set of non-uniform interrogatories and Second request for production of documents. (KMG) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

36

STIPULATION for entry of Protective Order regarding Confidential documents and information by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

37

ORDER by Judge Roslyn O. Silver granting stipulation for protective order (cc: all counsel) (KMG) (Entered: 04/13/2000)

April 13, 2000

April 13, 2000

38

NOTICE of service of discovery by dft Sunset Ford Inc serving; Dft's Answers to Pla's Second set of Non-Uniform Interrogatories and Dft's Response to Pla's Second Request for Production of documents. (KMG) (Entered: 04/17/2000)

April 14, 2000

April 14, 2000

39

NOTICE by pla EEOC OF TAKING DEPO OF Michael Giarusso, Carol Popke, and Bernie Wahl on the following date(s): 5/9/00, 5/11/00 (KMG) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

40

NOTICE by pla EEOC OF TAKING DEPO OF L. Dans Callans on the following date(s): 5/15/00 (KMG) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

41

NOTICE by pla EEOC OF TAKING DEPO OF David Horton on the following date(s): 5/24/00 (KMG) (Entered: 05/05/2000)

May 4, 2000

May 4, 2000

42

THIRD STIPULATION for Extension of Time for completion of discovery and other pretrial deadlines by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

43

ORDER by Judge Roslyn O. Silver that the parties furnish the Court with another Notice of the Status of Discovery or Settlement in four months from the date of this Order. (cc: all counsel) re: order [43-1] (KMG) (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

45

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Nancy Levander on the following date(s): 7/25/00 (MAP) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

46

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Rick Gilmore on the following date(s): 7/25/00 (MAP) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

47

NOTICE by pla EEOC OF TAKING DEPO OF Mike Giarusso on the following date(s): 7/20/00 (former emp) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

48

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Regina Garcia on the following date(s): 7/28/00 (KMG) (Entered: 07/20/2000)

July 18, 2000

July 18, 2000

49

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Mindy Voras on the following date(s): 7/28/00 (KMG) (Entered: 07/20/2000)

July 18, 2000

July 18, 2000

50

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Diana Robinson on the following date(s): 7/28/00 (KMG) (Entered: 07/20/2000)

July 18, 2000

July 18, 2000

51

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Stephanie Levander on the following date(s): 7/27/00 (KMG) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

52

AMENDED NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Mindy Voras on the following date(s): 7/28/00 (KMG) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

53

STIPULATION for extension of time for completion of discovery by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 07/26/2000)

July 25, 2000

July 25, 2000

54

NOTICE by pla EEOC OF TAKING DEPO OF Bernie Wahl on the following date(s): 7/31/00 (KMG) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

55

ORDER by Judge Roslyn O. Silver granting stipulation ; discovery ddl reset for 8/31/00 ; dispositive motions now due 9/29/00 ; Joint Proposed pretrial order ddl now set for 10/31/00 (cc: all counsel) (KMG) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

56

NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Regina M. Kistler on the following date(s): 8/8/00 (KMG) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

57

AMENDED NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Nancy Levander on the following date(s): 8/30/00 (KMG) (Entered: 07/28/2000)

July 27, 2000

July 27, 2000

58

AMENDED NOTICE by dft Sunset Ford Inc OF TAKING DEPO OF Rick Gilmore on the following date(s): 8/10/00 (KMG) (Entered: 07/31/2000)

July 28, 2000

July 28, 2000

59

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Sunset Ford Inc (KMG) (Entered: 07/31/2000)

July 28, 2000

July 28, 2000

60

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Darlene Phoenix on the following date(s): 8/1/00 (KMG) (Entered: 07/31/2000)

July 31, 2000

July 31, 2000

61

NOTICE by pla EEOC OF TAKING DEPO OF Paul Enger on the following date(s): 8/24/00 (KMG) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

63

NOTICE by pla EEOC OF TAKING DEPO OF Regina Ashcroft on the following date(s): 8/25/00 (KMG) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

64

NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft Sunset Ford Inc (KMG) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

65

NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Sunset Ford Inc (KMG) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

66

STIPULATION for Extension of Time for certain pre-trial deadlines by pla EEOC, dft Sunset Ford Inc (KMG) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

67

ORDER by Judge Roslyn O. Silver granting stipulation extending the following deadlines: ; dispositive motions now due 12/8/00 ; Joint Proposed Pretrial Order ddl now set for 2/16/01 (cc: all counsel) (KMG) (Entered: 10/04/2000)

Oct. 4, 2000

Oct. 4, 2000

68

NOTICE of compliance of supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 10/04/2000)

Oct. 4, 2000

Oct. 4, 2000

69

CONSENT JUDGMENT: by Judge Roslyn O. Silver This Decree resolves all claims of the Commission against Sunset Ford, including monetary damages, interest, injunctive relief, and attorney's fees and costs arising out of the issues in this lawsuit. Injunction: Sunset Ford, and it officers, agensts, employees, successors, assigns and all persons in active concert or participation with it, are permanently enjoined for the duration of the Decree from a) sexually harassing any employee and b) retaliating against any employee in regards to sexual harassment. Monetary Relief: Judgment is entered in favor of the Commission and against Sunset Ford in the amount of One Hundred, Thirty-Two Thousand Five Hundred Dollars ($132,500). Sunset Ford shall pay the gross sum of Fifty-Four Thousand Three Hundred Seventy-Five Dollars ($54,375) to Ms. Balderrama and Eleven Thousand Eight Hundred Seventy-Five Dollars ($11,875) to Ms. Swinbourne for a total of Sixty-Six Thousand Two Hundred Fifty Dollars ($66,250) on or before 12/1/00. Sunset Ford shall also pay the gross sum of Fifty-Four Thousand Three Hundred Seventy-Five Dollars ($54,375) to Ms. Balderrama and Eleven Thousand Eight Hundred Seventy-Five Dollars ($11,875) to Ms. Swinbourne for a total of Sixty-Six Thousand Two Hundred Fifty Dollars ($66,250) on or before 1/16/01. to dismiss case (cc: all counsel) (KMG) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 24, 1998

Closing Date: Nov. 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

Sunset Ford Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 132500

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits