Case: Rivera v. NIBCO, Inc.

1:99-cv-06443 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 1999

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 1, 1999, twenty-five Latina and Southeast Asian female immigrants once employed as factory workers by NIBCO, Inc. in Fresno, California brought suit in the United States District Court for the Eastern District of California alleging national origin discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., and the California Fair Employment and Housing Act ("FEHA") Cal. Gov't Code § 12940, et. seq. Plaintiffs specifically allege that thei…

On October 1, 1999, twenty-five Latina and Southeast Asian female immigrants once employed as factory workers by NIBCO, Inc. in Fresno, California brought suit in the United States District Court for the Eastern District of California alleging national origin discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., and the California Fair Employment and Housing Act ("FEHA") Cal. Gov't Code § 12940, et. seq. Plaintiffs specifically allege that their former employer used a written English proficiency test, which had nothing to do with their job duties, to terminate their employment. Plaintiffs were represented by a coalition of civil rights organizations and private law firms, which included the Employment Law Center - Legal Aid Society of San Francisco, the ACLU of Northern California, the National Immigration Law Center, and the Asian Law Caucus. They sought reinstatement or front pay, backpay, compensatory and punitive damages, and injunctive relief.

During discovery, defendants deposed the lead plaintiff Martha Rivera and asked about her immigration status and employment history. Plaintiffs' counsel instructed her not to answer further questions, terminated her deposition, and sought a protective order from the Court. Plaintiffs maintained that the information was irrelevant and its disclosure during the discovery process would chill the plaintiffs' willingness and ability to bring civil rights claims, as they would potentially face removal proceedings if they were found to be undocumented workers. The District Court (Magistrate Judge Sandra Snyder) granted relief to plaintiffs and issued a protective order prohibiting NIBCO from inquiring into the plaintiffs' immigration status and eligibility for employment. The court permitted defendants to ask other indirect questions relating to place of marriage, educational background, current and past employment, but defendants were not allowed to disclose that information to third parties outside of the lawsuit. Rivera v. NIBCO, Inc., 204 F.R.D. 647 (E.D. Cal. 2001), reconsideration denied, 2001 WL 1688880 (E.D. Cal. Dec. 21, 2001).

In the interim, the Supreme Court decided Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), holding that the National Labor Relations Board lacked the discretion to award backpay to undocumented workers for violations of the National Labor Relations Act. Defendants filed a supplemental motion for reconsideration based on the Hoffman decision. The District Court then certified the case to allow defendants to pursue an interlocutory appeal.

The United States Court of Appeals for the Ninth Circuit affirmed. While the Court did not decide whether the Hoffman case applied to Title VII claims, it found that the decision did not make immigration status relevant to a finding that an employer engaged in national origin discrimination under Title VII, and therefore the trial court did not abuse its discretion by entering the protective order. Rivera v. NIBCO, 364 F.3d 1057 (9th Cir. 2004). Defendants' petitions for rehearing and rehearing en banc were denied, Rivera v. NIBCO, Inc., 384 F.3d 822 (9th Cir. 2004), as was their petition for a writ of certiorari. NIBCO, Inc. v. Rivera, 544 U.S. 905 (2005).

On remand, the parties filed cross-motions for summary judgment. They also argued over how the case should be presented to a jury. Plaintiffs agreed that any of the plaintiffs who were not legally entitled to work would not seek backpay. In order to comply with the protective order, plaintiffs moved for a bifurcated trial, such that the Court would decide which plaintiffs were entitled to backpay by reviewing evidence in camera. Over the objection of defendants, the Court issued an order bifurcating the trial. Rivera v. NIBCO, Inc., 2006 WL 845925 (E.D. Cal. Mar. 31, 2006).

A jury trial began on October 8, 2008 before District Judge Oliver W. Wanger. On November 26, 2008, following twenty-seven days of trial, the jury returned a verdict for the defendants on all counts against all plaintiffs. Plaintiffs appealed the judgment.

On March 29, 2010, the United States Court of Appeals for the Ninth Circuit reversed and remanded the case for a new trial. A divided panel held that the District Court had clearly erred in denying plaintiffs' Batson challenge to defendants' use of three of its four peremptory strikes to remove Hispanic jurors. Rivera v. Nibco, Inc., 372 F. App'x 757 (9th Cir. 2010), cert. denied, 131 S. Ct. 906 (2011).

On September 27, 2011, the parties notified the court that they were close to a settlement. On December 6, 2011, a settlement conference was held before Magistrate Judge Snyder. The minute entry notes that a written settlement had been completed, and that "settlement funds [were] to be transmitted soon." The specifics of the settlement agreement do not appear to have been filed with the court. On December 7, 2011, the parties stipulated that the action be dismissed with prejudice; the stipulation was entered the same day.

Summary Authors

Dan Dalton (12/3/2007)

Tania Morris Diaz (11/5/2014)

Dan Whitman (3/6/2015)

Liat Sinclair (3/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5683564/parties/rivera-v-nibco-inc/


Judge(s)
Attorney for Plaintiff

Hincapie, Marielena (California)

Houck, Christopher A. (California)

Attorney for Defendant

Hahesy, William C. (California)

Helsley, Michael S. (California)

Expert/Monitor/Master/Other

Gilmore, David Malcolm (California)

show all people

Documents in the Clearinghouse

Document

1:99-cv-06443

Docket [PACER]

Rivera v. Nibco Inc.

Dec. 7, 2011

Dec. 7, 2011

Docket
34

1:99-cv-06443

Memorandum Of Points And Authorities In Support Of Plaintiffs’ Motion For Protective Order Re Conduct Of Defendants’ Depositions Of Plaintiffs

Rivera v. NIBCO, Inc.,

May 21, 2001

May 21, 2001

Pleading / Motion / Brief
39

1:99-cv-06443

Plaintiffs’ Reply Brief In Support Of Motion For Protective Order Re Conduct Of Defendants’ Depositions Of Plaintiffs

Rivera v. Nibco, Inc.

June 4, 2001

June 4, 2001

Pleading / Motion / Brief
42

1:99-cv-06443

Order Granting Plaintiff's Motion for Protective Order

Rivera v. Nibco, Inc.

June 18, 2001

June 18, 2001

Order/Opinion

204 F.R.D. 647

51

1:99-cv-06443

Plaintiffs’ Opposition To Defendants’ Request For Reconsideration By The District Court Of Magistrate Judge’s Ruling

Rivera v. Nibco, Inc.

July 3, 2001

July 3, 2001

Pleading / Motion / Brief
65

1:99-cv-06443

Plaintiffs’ Supplemental Brief In Opposition To Defendants’ Request For Reconsideration

Rivera v. Nibco, Inc.

Nov. 13, 2001

Nov. 13, 2001

Pleading / Motion / Brief
71

1:99-cv-06443

Opinion

Rivera v. Nibco, Inc.

Dec. 21, 2001

Dec. 21, 2001

Order/Opinion

2001 WL 1688880

78

1:99-cv-06443

Order [RE: Resolution of Discovery Dispute]

Rivera v. Nibco, Inc.

Jan. 25, 2002

Jan. 25, 2002

Order/Opinion
96

1:99-cv-06443

Plaintiffs’ Brief In Opposition To Defendants’ Motion For Reconsideration Of Protective Order, To Open Discovery And To Extend Trial Date

Rivera v. Nibco, Inc.

April 17, 2002

April 17, 2002

Pleading / Motion / Brief

02-16532

Opinion

Rivera v. Nibco, Inc.

U.S. Court of Appeals for the Ninth Circuit

April 13, 2004

April 13, 2004

Order/Opinion

364 F.3d 1057

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5683564/rivera-v-nibco-inc/

Last updated April 2, 2026, 10:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory, injuctive and monetary relief for employment discrimination; jury demand, fee status paid, receipt # 187985, assigned to Judge Anthony W. Ishii referred to Magistrate Judge Sandra M. Snyder (cjh) (Entered: 10/07/1999)

Oct. 1, 1999

Oct. 1, 1999

2

ORDER setting scheduling conference for 9:15 1/27/00 before Magistrate Judge Sandra M. Snyder (cjh) (Entered: 10/07/1999)

Oct. 4, 1999

Oct. 4, 1999

3

WAIVER OF SERVICE by defendant RM Wade Co on 10/13/99 (old) (Entered: 11/18/1999)

Nov. 17, 1999

Nov. 17, 1999

4

WAIVER OF SERVICE by defendant Nibco Inc on 10/19/99 (old) (Entered: 11/18/1999)

Nov. 17, 1999

Nov. 17, 1999

5

ANSWER by defendant RM Wade Co (rcf) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

6

ANSWER by defendant Nibco Inc (rcf) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

7

JOINT SCHEDULING REPORT by plaintiffs and dfts (old) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

8

JOINT SCHEDULING REPORT by plaintiffs and defendants (old) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

9

AMENDED JOINT SCHEDULING REPORT by plaintiffs and dfts [8-1] (old) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

10

MINUTES of 1/27/00 before Magistrate Snyder scheduling conference held on 1/27/00 (old) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

11

SCHEDULING ORDER Magistrate Sandra M. Snyder; expert disclosure deadline 12/1/00; supplemental expert disclosure deadline 01/19/01; non-expert discovery deadline 11/17/00; expert discovery ddl set for 2/16/01; non-dispositive motion ddl 2/16/01; dispositive motion ddl 3/20/01 settlement conf 5/4/01 before Judge Best Rm 4017; pretrial conf 8:30 5/25/01 before Judge Ishii Ctrm 3; Jury Trial 9:00 7/10/01 before Judge Ishii Ctrm 3 (cc: all counsel) (rab) (Entered: 01/31/2000)

Jan. 28, 2000

Jan. 28, 2000

12

LETTER to court from lead counsel for plaintiffs, Christopher Ho, requesting to be added to service list (mm) (Entered: 02/16/2000)

Feb. 15, 2000

Feb. 15, 2000

LODGED stipulation and proposed order re filing of first amended complaint by plaintiff, defendant (mm)

Feb. 16, 2000

Feb. 16, 2000

13

STIPULATION AND ORDER by Judge Snyder lodged stipulation to file first amended complaint [0-0] GRANTED case mgmt ddl set for 3/10/00 for pltfs to file a first amended complaint (cc: all counsel) (jv) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

14

FIRST AMENDED COMPLAINT [1-1] by plaintiffs; jury demand (mm) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

15

ANSWER by defendant RM Wade Co to first amended complaint (jv) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

16

ANSWER by defendant Nibco Inc to first amended complaint (jv) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

17

STIPULATION by parties for dfts to file an amended answer (old) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

18

AMENDED ANSWER to first amended complaint [16-1] by dft Nibco Inc (old) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

19

AMENDED ANSWER [15-1] by dft RM Wade Co to first amended complaint (old) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

LODGED stipulation and proposed order modifying scheduling conference order; (old)

Oct. 10, 2000

Oct. 10, 2000

20

STIPULATION AND ORDER MODIFYING SCHEDULING CONFERENCE ORDER by Judge Snyder; non-expert discovery cut-off 4/13/01; expert disclosures 4/27/01; supplemental expert disclosures 6/5/01; expert discovery ddl set for 7/13/01; non-dispositive motion ddl 7/27/01; dispositive motion ddl 8/6/01; settlement conf 1:30 9/21/01 before Judge Best; pretrial conf 8:30 10/19/01 before Judge Ishii; Jury Trial 9:00 11/27/01 before Judge Ishii; (cc: all counsel) (jv) (Entered: 10/18/2000)

Oct. 17, 2000

Oct. 17, 2000

LODGED to schedule ddls to hear dispositive motions and trial motion dates by defendant Nibco Inc, defendant RM Wade Co (hl)

Nov. 6, 2000

Nov. 6, 2000

21

STIPULATION AND ORDER by Judge Ishii to schedule deadlines to hear non-dispositive and dispositive pre-trial motion dates GRANTED last day to hear non-disp mtns 8/24/01; disp mtns 9/10/01 (cc: all counsel) (hm) (Entered: 11/08/2000)

Nov. 7, 2000

Nov. 7, 2000

22

NOTICE of association of attorney; plaintiffs Employment Law Center, Richtel & Smith, and the American Civil Liberties Union Foundation of Northern California hereby associate Marielena Hincapie as co-counsel for plaintiffs (rab) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

23

MINUTES of 3/16/01 before Magistrate Judge Sandra M. Snyder discovery dispute re deposition hearing HELD and CONT'D to3/19/01 3:00 in ctrm 4 (rcf) Modified on 03/20/2001 (Entered: 03/20/2001)

March 16, 2001

March 16, 2001

24

MINUTES of 3/19/01 before Magistrate Judge Sandra M. Snyder Continued discovery dispute re depositions HELD - 2nd amended scheduling conf order (dates only) to follow (rcf) Modified on 03/20/2001 (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

25

SECOND AMENDED SCHEDULING CONFERENCE ORDER by Magistrate Judge Sandra M. Snyder; expert disclosure ddl 8/31/01; supplemental expert disclosure ddl 9/14/01; discovery (non-expert) ddl set for 8/10/01; discovery (expert) ddl set for 11/2/01 [no service of new written discovery permitted without leave of court]; non-dispositive motion ddl 11/2/01; dispositive motion ddl 11/16/01; settlement conf SET FOR 1:30 p.m. on 1/25/02 in Rm 4017 before Judge Hollis G. Best; pretrial conf SET FOR 8:30 a.m. on 2/22/02 in ctrm 3 before Judge Anthony W. Ishii [bifurcation to be addressed]; Jury Trial SET FOR 9:00 a.m. on 4/9/02 in ctrm 3 before Judge Anthony W. Ishii (cc: all counsel) (old) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

26

LETTER to court dated 3/19/01 from counsel Christopher Ho regarding proposed caps on future non-expert discovery and additional information (jh) (Entered: 04/04/2001)

April 2, 2001

April 2, 2001

LODGED stipulation to protective order re production of third party information and court order re same by defendant Nibco Inc, defendant RM Wade Co (sr)

April 27, 2001

April 27, 2001

27

STIPULATION AND ORDER by Judge Anthony W. Ishii approving the stipulation to protective order re production of third party information (cc: all counsel) (sr) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

LODGED stipulated protective order re pltfs' inspection of RM Wade and Co's Fresno facilty by defendant Nibco Inc, defendant RM Wade Co (sr)

May 2, 2001

May 2, 2001

28

STIPULATED PROTECTIVE ORDER re pltfs' inspection of RM Wade and Co's Fresno Facility by Judge Anthony W. Ishii (cc: all counsel) (sr) (Entered: 05/04/2001)

May 3, 2001

May 3, 2001

29

MINUTES of 5/10/01 before Magistrate Judge Sandra M. Snyder telephonic discovery dispute re deposition scheduling held (old) (Entered: 05/11/2001)

May 10, 2001

May 10, 2001

30

INFORMATIONAL ORDER following voluntary telephonic informal discovery dispute conference by Magistrate Judge Sandra M. Snyder (cc: all counsel) (mm) (Entered: 05/11/2001)

May 10, 2001

May 10, 2001

31

MINUTES of 5/14/01 hearing before Judge Snyder; telephonic discovery dispute re: depositions HELD; all depositions stayed until resolution per motion for protective order to be filed by pla 5/21/01; opposition ddl 5/29/01; reply ddl 6/4/01 in-court hearing set for 10:30 6/8/01 before SMS C/R none (hm) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

32

STIPULATION AND ORDER by Judge Anthony W. Ishii ORDERING the class action aspect of the First Amended Complaint dismissed without prejudice (cc: all counsel) (old) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

33

MOTION for protective order re conduct of defendants' depositions of plaintiffs by plaintiffs Motion Hearing Set for 6/8/01 at 10:30 a.m. in ctrm 4 before Magistrate Judge Sandra M. Snyder (old) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

34

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in SUPPORT of motion for protective order re conduct of defendants' depositions of plaintiffs by plaintiffs [33-1] (old) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

Clearinghouse

LODGED Proposed Protective Order re Conduct of Defendants' Depositions of Plaintiffs by plaintiffs (old)

May 21, 2001

May 21, 2001

35

MEMORANDUM IN OPPOSITION by dfts Nibco Inc, RM Wade Co to motion for protective order re conduct of dfts' depositions of plas by plas 33 (hm) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

36

DECLARATION of Howard A Sagaser in opposition to motion by plas for a protective order relating to the conduct of dfts' depositions of plas 33 (hm) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

37

LODGING OF VIDEO TAPE by dfts Nibco Inc, RM Wade Co of deposition of Martha Rivera as exhibit "K" to declaration of Howard A Sagaser in opposition to plas' motion for protective order re dfts' conduct at plas' depositions (hm) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

38

DECLARATION of Brian W Enos in support of opposition to plas' motion for protective order 33 (hm) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

39

REPLY BRIEF by plaintiff in support of motion for protective order re conduct of dfts' depositions of pltfs [33-1] (sr) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

Clearinghouse
40

ERRATA by plaintiffs to pltf's reply brief in support of motion for protective order re conduct of dfts' depositions of pltfs [39-1] (sr) (Entered: 06/06/2001)

June 5, 2001

June 5, 2001

41

MINUTES of 6/8/01 before Magistrate Judge Sandra M. Snyder motion for protective order re conduct of defendants' depositions of plaintiffs by plaintiffs [33-1]; Agreed - taken under submission; C/R Tape:445-3158 (jh) (Entered: 06/12/2001)

June 8, 2001

June 8, 2001

42

ORDER by Magistrate Judge Sandra M. Snyder ORDERING motion for protective order re conduct of defendants' depositions of plaintiffs by plaintiffs [33-1] GRANTED (cc: all counsel) (sr) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

Clearinghouse
43

MINUTES of 6/22/01 before Magistrate Judge Sandra M. Snyder conference call re new dates HELD; telephonic scheduling conference set for 9:00 7/13/01 before Judge Snyder; dfts to file motion for reconsideration by 6/23/01; all discovery stayed pending ruling C/R none (jv) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

44

LETTER to court from counsel for dfts Nibco Inc, RM Wade Co requesting current scheduled dates be revised (jv) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

45

REQUEST by dfts Nibco Inc, RM Wade Co for reconsideration by the District court of Magistrate Judge's Ruling (jv) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

46

LETTER to court from Christopher Ho, counsel for plaintiffs informing court that attorney Edward Chen is no longer with the American Civil Liberties Union Foundation and that attorney Alan L Schlosser from the same office is now handling the matter; also informing court to correct their fax number to reflect the area code of "415" and not "414" (jv) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

47

REQUEST by dfts Nibco Inc, RM Wade Co for oral argument re request for reconsideration by the District court of Magistrate Judge's ruling (jv) (Entered: 06/28/2001)

June 27, 2001

June 27, 2001

48

PROOF OF SERVICE by dfts Nibco Inc, RM Wade Co of [47-1] (jv) (Entered: 06/28/2001)

June 27, 2001

June 27, 2001

49

DECLARATION of William C Hahesy, counsel for dfts, in support of request for reconsideration by the district judge of the magistrate judge's ruling [47-1] (mm) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

50

TRANSCRIPT of 6/08/01 hearing on plaintiff's motion for protective order; C/R ECRO (mm) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

LODGED stipulation to protective order re production of confidential financial information by dfts Nibco Inc and RM Wade Co (old)

July 2, 2001

July 2, 2001

51

OPPOSITION by plaintiffs to dfts' request for reconsideration of Magistrate's ruling [47-1] (old) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

Clearinghouse
52

PROOF OF SERVICE by plaintiffs of opposition to dft's request for reconsideration [51-1] (old) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

53

REQUEST by plaintiffs for judicial notice (old) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

54

STIPULATION AND ORDER by Magistrate Snyder stipulation protective order GRANTED (cc: all counsel) (old) (Entered: 07/06/2001)

July 5, 2001

July 5, 2001

55

MINUTES of telephonic status conference re discovery HELD before Magistrate Judge Sandra M. Snyder status/scheduling conference CONTINUED TO 1:30 p.m. on 7/27/01 in ctrm 4 before Magistrate Judge Sandra M. Snyder C/R None (old) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

56

LETTER to court from counsel for plaintiffs concerning discovery dispute (tel) (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

57

MINUTES of 07/27/01 before Magistrate Judge Sandra M. Snyder scheduling conference held on 7/27/01 discovery dispute resolved for now. (wh) (Entered: 07/30/2001)

July 27, 2001

July 27, 2001

58

LETTER to court from counsel for defendants Nibco Inc and RM Wade Co confirming conference call with Magistrate Judge Snyder M. Snyder on 8/30/01 at 10:00 a.m. (old) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

59

MINUTES of telephonic status conference re re-scheduling ddl dates and plaintiffs' request to recommence depositions HELD before Magistrate Judge Sandra M. Snyder in-court telephonic status conference re discovery dispute CONTINUED TO 10:00 a.m. on 9/6/01 in ctrm 4 before Magistrate Judge Sandra M. Snyder, stipulated amended scheduling report forthcoming, C/R None (old) (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

60

MINUTES of 09/6/01 before Magistrate Judge Sandra M. Snyder Telephonic Status Conference regarding discovery disputes HELD and resolved; stipulated amended scheduling conference order dates by counsel forthcoming (tel) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

LODGED Stipulation regarding Trial and related dates and order thereon by plaintiffs and defendants (tel)

Sept. 6, 2001

Sept. 6, 2001

61

STIPULATION AND ORDER FOR SCHEDULING ORDER Judge Anthony W. Ishii ; discovery for non-expert ddl set for 3/15/02; expert discovery 05/27/02; ;non-dispositive motion ddl 6/7/02 ;dispositive motion ddl 6/14/02; pretrial conf 8:30 8/16/02 before Judge Ishii; Jury Trial 9:00 10/8/02 before Judge Ishii; (cc: all counsel) (wh) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

62

COURT NOTICE: from H Nazaroff re request reconsideration by deft's [47-1] in-court hearing set for 1:30 10/1/01 before Judge Ishii ctrm 3 (cc: all counsel) (hl) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

63

MINUTES of 10/01 before Judge Anthony W. Ishii notice re motion for reconsideration [62-2] SUBMITTED case mgmt ddl set for 11/13/01 for opening brief; response due 12/4/01; in-court hearing set for 1:30 12/10/01 before Judge Ishii ctrm 3 C/R G Thomas (hl) (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

64

MINUTES of 10/17/01 before Magistrate Judge Sandra M. Snyder telephonic discovery dispute re deposition notice held - deponent Keeper's deposition to be videotaped by pltf's (rcf) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

65

SUPPLEMENTAL BRIEF in OPPOSITION by plaintiffs to dft's request for reconsideration [47-1], to [45-1] (jv) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

Clearinghouse
66

APPLICATION of amicus curiae Bill One Hing for leave to submit declaration in opposition to defts' request for reconsideration (jh) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

67

TRANSCRIPT of 10/1/01 hearing on motion for reconsideration by C/R G Thomas (old) (Entered: 11/26/2001)

Nov. 21, 2001

Nov. 21, 2001

68

ORDER by Judge Anthony W. Ishii ORDERING application for leave to submit a declaration in opposition to dft's request for reconsideration [66-1] GRANTED (cc: all counsel) (rcf) (Entered: 11/29/2001)

Nov. 28, 2001

Nov. 28, 2001

69

SUPPLEMENTAL BRIEF by Nibco Inc, RM Wade Co in support of dfts' request for reconsideration [65-1] (rab) (Entered: 12/05/2001)

Dec. 4, 2001

Dec. 4, 2001

70

MINUTES of 12/10/01 before Judge Anthony W. Ishii dft's application for reconsideration [66-1] SUBMITTED C/R G Thomas (rcf) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

71

ORDER by Judge Anthony W. Ishii ORDERING request for reconsideration [45-1] DENIED (cc: all counsel) (rcf) (Entered: 12/24/2001)

Dec. 21, 2001

Dec. 21, 2001

Clearinghouse
72

MINUTES of 1/9/02 before Magistrate Judge Sandra M. Snyder confernce call re: scheduling conference order dates HELD - counsel to provide stipulation to amend dates; settlement conference set 1/25/02 before Magistrate Best vacated as premature (hl) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

73

MOTION to amend order and certify same for interlocutory appeal by defendant Nibco Inc, defendant RM Wade Co motion TO BE HEARD by Judge Anthony W. Ishii ; Motion Hearing Set For 3/4/02 at 1:30 (sr) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

74

MEMORANDUM OF POINTS AND AUTHORITIES by defendant Nibco Inc, defendant RM Wade Co in SUPPORT of motion to amend order [73-1], motion certify same for interlocutory appeal by defendant Nibco Inc, defendant RM Wade Co [73-2] (sr) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

75

REQUEST for Judicial notice by defendant Nibco Inc, defendant RM Wade Co in support of motion to amend order and certify same for interlocutory appeal (sr) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

LODGED order amending prior order and certifying same for interlocutory appeal by defendant Nibco Inc, defendant RM Wade Co (sr)

Jan. 23, 2002

Jan. 23, 2002

76

TRANSCRIPT of 12/10/01 hearing on motion for reconsideration by C/R Gail Thomas (jv) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

77

MINUTES of 1/25/02 before Magistrate Judge Sandra M. Snyder; conference call re parties' stipulation re resolution of discovery dispute HELD and RESOLVED; C/R none (jv) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

78

STIPULATION AND ORDER by Magistrate Judge Sandra M. Snyder re resolution of discovery dispute (cc: all counsel) (jv) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

Clearinghouse
79

ORDER by Judge Ishii ORDERING 3/4/02 HEARING VACATED re motion to amend [73-1]; the court will take the matter under submission and will issue its decision; dates for filing any opposition or reply remain as per the Local Rules (cc: all counsel) (jh) (Entered: 02/06/2002)

Feb. 5, 2002

Feb. 5, 2002

80

STIPULATION AND ORDER by Judge Anthony W. Ishii designation of expert witnesses set for 5/1/02; supplemental expert witness designation set for 5/15/02; non-dispositive motion filing ddl set for 6/7/02; dispositive motion filing ddl set for 7/26/02; discovery ddl for non-experts set for 5/1/02; discovery ddl for experts set for 6/21/02 (cc: all counsel) (mm) (Entered: 02/08/2002)

Feb. 7, 2002

Feb. 7, 2002

LODGED by defendant Nibco Inc, defendant RM Wade Co Stipulation re pretrial and dates (wh)

Feb. 7, 2002

Feb. 7, 2002

81

BRIEF by plaintiff in OPPOSITION to motion to amend order [73-1] and certify same for interlocutory appeal by defendants Nibco Inc and RM Wade Co [73-2] (old) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

82

REPLY by defendants Nibco Inc and RM Wade Co to response to motion to amend order [73-1], motion certify same for interlocutory appeal by defendant Nibco Inc, defendant RM Wade Co [73-2] (tel) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

83

REQUEST for Judicial notice by defendants Nibco Inc and RM Wade Co (tel) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

84

ORDER by Magistrate Judge Snyder pursuant to stipulation re discovery dispute [78-1]; defense counsel shall arrange for the retrieval of the records from chambers as soon as possible by calling this Court's judicial assistant at 498-7325 (cc: all counsel) (jh) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

85

ORDER by Sandra M Snyder Magistrate Judge re stipulation re discovery dispute [78-1]; defense counsel shall arrange for the retrieval of the records from chambers as instructed herein (cc: all counsel) (hl) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

86

ORDER by Sandra M Snyder Magistrate Judge pursuant to stipulation re discovery dispute and order thereon [78-1] (cc: all counsel) (sr) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

87

ORDER by Sandra M Snyder Magistrate Judge pursuant to stipulation re discovery dispute and order thereon [78-1] (cc: all counsel) (sr) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

88

ORDER by Sandra M Snyder Magistrate Judge pursuant to stipulation re discovery dispute and order thereon [78-1] (cc: all counsel) (sr) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

89

MINUTES of 4/8/2 before Magistrate Judge Sandra M. Snyder Telephonic Discovery Dispute held and continued to 4/10/02 4:30 befopre Magistrate Snyder (wh) (Entered: 04/09/2002)

April 8, 2002

April 8, 2002

90

EX PARTE APPLICATION by defendant Nibco Inc, defendant RM Wade Co for Application for Order Shortening time for service and hearing of motion to reconsider protective order and to open discovery and to extend trial date (wh) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Equal Employment

Key Dates

Filing Date: Oct. 1, 1999

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Twenty-five Latina and Southeast Asian female immigrants once employed as factory workers by NIBCO, Inc. who were fired for failing a written English proficiency test.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU of Northern California

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

NIBCO, Inc.

Case Details

Causes of Action:

State law

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

Other Dockets:

Eastern District of California 1:99-cv-06443

U.S. Court of Appeals for the Ninth Circuit 02-16532

U.S. Court of Appeals for the Ninth Circuit 09-15136

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Damages

Injunction

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

Discrimination Basis:

Language discrimination

National origin discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Asian/Pacific Islander

Affected Sex/Gender(s):

Female

Immigration/Border:

Employment

Recommended Citation