Case: EEOC v. Prospect Airport Services

2:05-cv-01125 | U.S. District Court for the District of Nevada

Filed Date: Sept. 13, 2005

Closed Date: July 25, 2017

Clearinghouse coding complete

Case Summary

In September 2005, the Los Angeles District Office of the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the District of Nevada against Prospect Airport Services, Inc. The complaint was brought under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff alleged that a male employee was sexually harassed by a female co-worker, and that the defendant company did not take steps to remedy the situation.The defendan…

In September 2005, the Los Angeles District Office of the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the District of Nevada against Prospect Airport Services, Inc. The complaint was brought under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff alleged that a male employee was sexually harassed by a female co-worker, and that the defendant company did not take steps to remedy the situation.

The defendant moved for summary judgment, and on September 27, 2007 Judge Kent J. Dawson granted the motion. The court reasoned that the alleged harassment was not severe or pervasive enough to constitute sexual harassment under Title VII, and that the employer could not be held responsible because the male employee had specified to supervisors that he did not wish to bring a charge of sexual harassment. The EEOC appealed the court's ruling.

Three years later, on September 3, 2010, Judge Andrew J. Kleinfield of the U.S. Court of Appeals for the Ninth Circuit issued an opinion reversing the district court’s decision to grant judgment to the defendant. Judge Kleinfield held that the case was incorrectly withheld from a jury since the plaintiff presented sufficient evidence regarding sexual harassment and hostile work environment. Even though the plaintiff conceded that the male employee did not feel abused by his co-worker's first advances, the Court of Appeals found that the plaintiff had introduced evidence showing that the case should have been sent to a jury due to the frequency and pervasiveness of the continued advances.

The Court of Appeals then stayed the reversal of the district court’s decision pending the defendant’s appeal to the United States Supreme Court. As the Supreme Court did not grant certiorari to the defendant, the mandate reversing the lower court’s decision went into effect on February 9, 2011. The case was remanded to Judge Dawson.

During discovery, parties went back and forth moving to exclude testimonial evidence. In December 6, 2011, Judge Dawson granted defendant’s contested motion to bifurcate the case into two trials: one for liability and one for punitive damages. But ten days later, the parties notified the court that they reached a settlement. The defendant agreed to pay $75,000.00 by January 6, 2012 and the plaintiff had until January 10, 2012 to move for injunctive or other forms of non-monetary relief.

On January 10, 2012, the plaintiff exercised its discretion and moved for an injunction requiring defendant to implement effective employment policies and practices to comply with anti-discrimination law. Judge Dawson granted only part of the plaintiff’s motion in July 2012. The court found that the defendant company had already taken steps to ensure compliance with the sexual harassment provision of Title VII and both employees had since left the company. The granted portion of the injunction enjoined the defendant from violating the sexual harassment provision of Title VII for five years and required the company to implement a stronger anti-harassment policy and investigative procedure, including extensive employee trainings. In addition, the defendant had to submit monitoring reports once every six months for a period of three years. The case administratively closed in 2014 and is now closed.

Summary Authors

Jason Chester (5/30/2008)

Richa Bijlani (11/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6033796/parties/equal-employment-opportunity-commission-v-prospect-airport-services-inc/


Judge(s)

Dawson, Kent J. (Nevada)

Attorney for Plaintiff

Farrell, Michael J (California)

Garcia, Lorena (California)

Attorney for Defendant

Blair, Lauren (Illinois)

Garin, Joseph P (Nevada)

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Documents in the Clearinghouse

Document

07-17221

Docket - 9th Circuit Court of Appeals

EEOC v. Prospect Airport

U.S. Court of Appeals for the Ninth Circuit

March 21, 2008

March 21, 2008

Docket

2:05-cv-01125

Docket (PACER)

March 20, 2014

March 20, 2014

Docket
1

2:05-cv-01125

Complaint

Sept. 13, 2005

Sept. 13, 2005

Complaint
45

2:05-cv-01125

Order [re: Summary Judgment]

Sept. 27, 2007

Sept. 27, 2007

Order/Opinion

2007 WL 2007

46

2:05-cv-01125

Judgment in a Civil Case

Sept. 27, 2007

Sept. 27, 2007

Order/Opinion
53

2:05-cv-01125

07-17221

Opinion

U.S. Court of Appeals for the Ninth Circuit

Sept. 3, 2010

Sept. 3, 2010

Order/Opinion

621 F.3d 621

165

2:05-cv-01125

Order

EEOC v. PROSPECT AIRPORT SERVICES

July 25, 2012

July 25, 2012

Order/Opinion

2012 WL 2012

Court Grants EEOC Injunction Against Prospect Airport Services

No Court

July 27, 2012

July 27, 2012

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6033796/equal-employment-opportunity-commission-v-prospect-airport-services-inc/

Last updated Feb. 22, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link

SUMMONS ISSUED Obo P

Sept. 13, 2005

Sept. 13, 2005

PACER

SUMMONS ISSUED Obo P (Entered: 09/16/2005)

Sept. 13, 2005

Sept. 13, 2005

1

COMPLAINT Obo P civil rights complaint w/ jury demand. (Entered: 09/16/2005)

Sept. 13, 2005

Sept. 13, 2005

Clearinghouse
2

SUMMONS RETURNED EXECUTED Waiver of summons by D. (Entered: 10/20/2005)

Oct. 17, 2005

Oct. 17, 2005

PACER
3

VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Martin K. LaPointe, by Defendant Prospect Airport Services, INC. (Fee Paid) (Attachments: # 1 Designation of Resident Counsel)(AAB) (Entered: 11/30/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
4

ANSWER to [] Complaint by Defendant Prospect Airport Services, INC. Certificate of Interested Parties due by 12/8/2005. Discovery Plan due by 1/12/2006.(MAJ, ) (Entered: 12/11/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
5

CERTIFICATE OF SERVICE by Defendant Prospect Airport Services, INC re 3 VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Martin K. LaPointe,. (MAJ, ) (Entered: 12/11/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
6

CERTIFICATE of Interested Parties by Defendant Prospect Airport Services, INC. (AAB) (Entered: 12/12/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
7

VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Thomas W. Murphy, by Defendant Prospect Airport Services, INC. (Fee Paid) (AAB) (Entered: 12/12/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
8

ORDER granting 7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Thomas W. Murphy for Prospect Airport Services, INC. Signed by Judge Kent J. Dawson on 12/28/05. (AAB) (Entered: 12/30/2005)

Dec. 29, 2005

Dec. 29, 2005

PACER
9

DESIGNATION of Local Counsel by Thomas W. Murphy on behalf of Defendant Prospect Airport Services, INC. (AAB) (Entered: 12/30/2005)

Dec. 29, 2005

Dec. 29, 2005

PACER
10

ORDER granting 3 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Martin K. LaPointe for Prospect Airport Services, INC. Signed by Judge Kent J. Dawson on 12/29/05. (AAB) (Entered: 12/30/2005)

Dec. 29, 2005

Dec. 29, 2005

PACER
11

DESIGNATION of Local Counsel by Martin K. LaPointe on behalf of Defendant Prospect Airport Services, INC. (AAB) (Entered: 12/30/2005)

Dec. 29, 2005

Dec. 29, 2005

PACER
12

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Equal Employment Opportunity Commission. (Johnson, Dana) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
13

ORDER Denying Stipulated Discovery Plan and Scheduling Order (#12) and entering Scheduling Order. Signed by Judge Robert J. Johnston on 01/2/2006J. (MXS, ) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER

Set/Reset Deadlines: Discovery due by 5/30/2006. Joint Status Report due by 3/28/2006. Motions due by 6/30/2006. Proposed Joint Pretrial Order due by 7/31/2006. (MXS, )

Jan. 24, 2006

Jan. 24, 2006

PACER
14

CASE REFERRED to Early Neutral Evaluation Program. Magistrate Judge Peggy A. Leen will be the evaluating judge in this case. (MXS) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
15

NOTICE: Pursuant to Special Order No. 102 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Peggy A. Leen will be the evaluating judge in this case. Early Neutral Evaluation set for 4/11/2006 01:30 PM in Magistrate Judge Leen's Chambers, Room 3071, Lloyd D. George Courthouse, before Magistrate Judge Peggy A. Leen. (MMM, ) (Entered: 02/27/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
16

NOTICE of Appearance by attorney wilfredo tungol on behalf of Plaintiff Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
17

MINUTE ORDER IN CHAMBERS of the Honorable Robert J. Johnston, U.S. Magistrate Judge on 3/29/2006. By Judicial Secretary: MXS. IT IS HEREBY ORDERED that the oral request for an extension of time to file the Interim Status Report is GRANTED. IT IS FURTHER ORDERED that counsel shall have to and including April 12, 2006, to file the Interim Status Report in this case. (no image attached) (MXS) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

PACER
18

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 4/11/2006 before Judge Peggy A. Leen. Case to return to normal litigation track. Status Conference set for 4/24/2006 01:30 PM before Magistrate Judge Peggy A. Leen. (AXM, ) (Entered: 04/19/2006)

April 11, 2006

April 11, 2006

PACER
19

STATUS REPORT by Plaintiff Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
20

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 4/26/2006 before Judge Peggy A. Leen.Case to return to normal litigation track. (AXM, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
21

STIPULATION FOR EXTENSION OF DISCOVERY AND OTHER DEADLINES by Plaintiff Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

PACER
22

ORDER OF RECUSAL. This action is referred to Chief Judge Philip M. Pro for reassignment. Signed by Judge Robert J. Johnston on 6/2/2006. (MXS ) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

PACER
23

AFFIDAVIT of Service (Subpoena for Deposition - Angela Tullos) by Defendant Prospect Airport Services, INC. (Zakalik, Judah) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
24

NOTICE of Change of Address by Judah Zakalik. (zip code only) (Zakalik, Judah) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

PACER
25

MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge on 7/17/2006. By Deputy Clerk: Michael Zadina. IT IS ORDERED that this case is reassigned to Judge George W Foley, Jr for all further proceedings. Judge Robert J. Johnston no longer assigned to case. All further documents must bear the correct case number 2:05-cv-01125-KJD-GWF. (no image attached) (MJZ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
26

STIPULATION to Extend Discovery Deadline by Plaintiff Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

PACER
27

ORDER ON STIPULATION re 26 Stipulation., SCHEDULING ORDER. Discovery due by 9/30/2006. Motions due by 10/30/2006. Proposed Joint Pretrial Order due by 11/30/2006. Signed by Judge George W Foley Jr. on 7/20/06. (AXM) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
28

STIPULATION for Extension of Dispositive Motion and Pretrial Order Submission Deadlines (Third Request) by Defendant Prospect Airport Services, INC. (Zakalik, Judah) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
30

ORDER ON STIPULATION re 28 Stipulation for extension of dispositive motion and pretrial order submission deadlines. Motions due by 12/15/2006. Responses to dispositive motion due by 1/15/2007. Proposed Joint Pretrial Order due by 2/15/2007. Signed by Judge George W Foley Jr. on 10/25/06. (MAJ) (Entered: 10/30/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
29

ORDER ON STIPULATION re 28 Stipulation for Extension of Dispositive Motion and Pretrial Order Submission Deadlines. Signed by Judge Kent J. Dawson on 10/24/06. (AXM) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
31

MOTION for Summary Judgment by Defendant Prospect Airport Services, INC. Responses due by 1/2/2007. (Attachments: # 1 Exhibit Exhibit A - Part 1# 2 Exhibit Exhibit A - Part 2# 3 Exhibit Exhibit B - Part 1# 4 Exhibit Exhibit B - Part 2# 5 Exhibit Exhibit C# 6 Exhibit Exhibit D# 7 Exhibit Exhibit E# 8 Exhibit Exhibit F)(Zakalik, Judah) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
32

RESPONSE to 31 MOTION for Summary Judgment; filed by Plaintiff Equal Employment Opportunity Commission. Replies due by 1/30/2007. (Attachments: # 1 Appendix Statement of Material Facts)(Tungol, Wilfredo) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
33

ERROR: Wrong event selected. (MJZ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
34

ERROR: Wrong event selected. (MJZ) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER

NOTICE of Docket Correction to 33 Response to Motion for Summary Judgment: ERROR: Wrong event selected; CORRECTION: Attorney Wilfredo Tungol advised to re-file PDFs using "Declaration" event under the "Other Documents" category and link to 32 Response to Motion for Summary Judgment. (no image attached)(MJZ)

Jan. 19, 2007

Jan. 19, 2007

PACER

NOTICE of Docket Correction to 34 Response to Motion for Summary Judgment: ERROR: Wrong event selected; CORRECTION: Attorney Wilfredo Tungol advised to re-file PDF using "Certificate of Service" event under the "Service of Process" category. (no image attached)(MJZ)

Jan. 19, 2007

Jan. 19, 2007

PACER
35

DECLARATION of Wilfredo Tungol re 32 Response to Motion for Summary Judgment; Declaration of Wilfredo Tungol in Support of EEOC's Opposition to Defendant's Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Tungol, Wilfredo) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
36

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission. Proof Of Service Via Electronic Mail (Tungol, Wilfredo) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
37

REPLY to Response to 31 MOTION for Summary Judgment; filed by Defendant Prospect Airport Services, INC. (Geswein, Timothy) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

PACER
38

STIPULATION To Continue Pretrial Order Submission Date by Plaintiff Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
39

ORDER ON STIPULATION GRANTING 38 Stipulation for time to file Pretrial Order. Proposed Joint Pretrial Order due by 3/9/2007. Signed by Judge Kent J. Dawson on 2/7/07. (AXM) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
40

STIPULATION to Continue Pretrial Order Submission Date by Plaintiff Equal Employment Opportunity Commission. (Tungol, Wilfredo) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
41

ORDER ON STIPULATION GRANTING 40 Stipulation to extend deadline for 30 days after the ruling of the Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 3/12/07. (AXM) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
42

NOTICE of Change of Address by Timothy J Geswein. Notice of Change of Address and Firm Name and Counsel (Geswein, Timothy) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

PACER

NOTE: Attorney Thomas Murphy advised to register with CM/ECF, for the District of Nevada, and update his/her account information re 42 Notice of Change of Address and Firm Name. (MJZ)

April 6, 2007

April 6, 2007

PACER
43

VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel (James D. Hibbard) submitted by attorney Lauren Blair, (Filing fee $ 175 receipt number 569953) by Defendant Prospect Airport Services, INC. (Geswein, Timothy) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

PACER
44

ORDER Granting 43 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lauren Blair for Equal Employment Opportunity Commission and approving Designation of Local Counsel. Signed by Judge Kent J. Dawson on 5/23/07. (AXM) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
45

ORDER Granting 31 Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 9/27/07. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

Clearinghouse
46

JUDGMENT in favor of Prospect Airport Services, INC against Equal Employment Opportunity Commission. Signed by Lance S. Wilson on 9/27/07. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

Clearinghouse
47

NOTICE OF APPEAL by Plaintiff Equal Employment Opportunity Commission. (Park, Anna) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

PACER
48

TRANSMITTAL of Notice of Appeal and Docket Sheet to US Court of Appeals re 47 Notice of Appeal. (JAG) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

PACER
49

CERTIFICATE OF RECORD on Appeal Transmitted to USCA re 47 Notice of Appeal. (JAG) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

PACER
50

EXHIBIT(s) Exhibits 1 through 15 to 35 Declaration, ; filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit 1A# 2 Exhibit Exhibits 2 & 3# 3 Exhibit Exhibits 4 through 6# 4 Exhibit Exhibits 7 through 15)(McClinton, Gregory) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

PACER
51

TRANSMITTAL RETURN of Notice of Appeal from USCA re 47 Notice of Appeal. USCA Case Number 07-17221. (JAG) (Entered: 12/13/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
52

TRANSMITTAL RETURN re 49 Certificate of Record to C/A. (AXM) (Entered: 12/14/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
53

MEMORANDUM/OPINION of USCA, Ninth Circuit, as to 47 Notice of Appeal filed by Equal Employment Opportunity Commission. REVERSED. (JAG) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

Clearinghouse
54

ORDER of USCA, Ninth Circuit, stating that the motion to stay the mandate pending filing of a petition for writ of certiorari is granted as to 47 Notice of Appeal filed by Equal Employment Opportunity Commission. The mandate shall be satyed for 90 days and if a petition for writ of certiorari is filed within that period, the mandate shall be stayed for such further time until the Supreme Court adts on the petition. If the petition is denied, the mandate shall be isued forthwith. (JAG) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
55

MANDATE of USCA, Ninth Circuit, as to 47 Notice of Appeal filed by Equal Employment Opportunity Commission. REVERSED. (JAG) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
57

ORDER on Mandate as to 55 USCA Mandate REVERSING the judgment of the US District Court re 47 Notice of Appeal filed by Equal Employment Opportunity Commission. IT IS FURTHER ORDERED that the Joint Pretrial Order is due on or before 3/11/2011. Signed by Judge Kent J. Dawson on 2/10/11. (EDS) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
58

NOTICE of Appearance by attorney Elizabeth A Naccarato on behalf of Plaintiff Equal Employment Opportunity Commission. ALSO APPEARING, ATTORNEYS AMRITA MALLIK AND MICHAEL J. FARRELL (Attachments: # 1 Certificate of Service Re: Notice of Appearance)(Naccarato, Elizabeth) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
59

NOTICE of Appearance by attorney Lorena Garcia on behalf of Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Garcia, Lorena) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

PACER
60

NOTICE of Appearance by attorney Joseph P Garin on behalf of Defendant Prospect Airport Services, INC. (Garin, Joseph) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER
61

Fifth MOTION to Extend Time regarding discovery/nondispositive matter /deadline to file Joint Pretrial Order by Defendant Prospect Airport Services, INC. Motion ripe 3/9/2011. (Garin, Joseph) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER
62

NON-OPPOSITION to 61 Fifth MOTION to Extend Time regarding discovery/nondispositive matter /deadline to file Joint Pretrial Order ; filed by Plaintiff Equal Employment Opportunity Commission. Plaintiff EEOC's Statement of Non-Opposition to Defendant's Motion to Extend the Deadline to File The Joint Pretrial Order [Doc #61] (Naccarato, Elizabeth) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER
63

ORDER Granting 61 Motion to Extend Time to File Joint Pretrial Order. Proposed Joint Pretrial Order due by 4/25/2011. Signed by Judge Kent J. Dawson on 3/10/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
64

MOTION to Extend Time regarding discovery/nondispositive matter (Sixth Request) Motion to Extend the Deadline to File the Joint Pretrial Order by Defendant Prospect Airport Services, INC. Motion ripe 4/21/2011. (Garin, Joseph) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

PACER
65

MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson, on 4/22/2011. By Deputy Clerk: Peggie Vannozzi. RE: 64 Motion to Extend the Deadline to File the Joint Pretrial Order. Responses due by 4/29/2011.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

PACER
66

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/22/2011. Plaintiff shall have until Wednesday, April 27, 2011 to file a response, if any, to 64 Defendant's Motion to Extend the Deadline to File the Joint Pretrial Order. (Copies have been distributed pursuant to the NEF - REO). (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

PACER
67

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/25/2011. Judge Foley's April 22, 2011 Order 66 regarding the Motion to Extend Time 64 is vacated. The parties should adhere to Judge Dawson's April 22, 2011 Order 65 on the matter. (Copies have been distributed pursuant to the NEF - REO) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
68

NON-OPPOSITION to 64 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) Motion to Extend the Deadline to File the Joint Pretrial Order ; filed by Plaintiff Equal Employment Opportunity Commission. (Naccarato, Elizabeth) . (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER
69

ORDER Granting 64 Motion to Extend Time to File Joint Pretrial Order. Proposed Joint Pretrial Order due by 5/23/2011. Signed by Magistrate Judge George Foley, Jr on 5/4/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
70

PROPOSED Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix to Joint [Proposed] Pre-trial Order)(Mallik, Amrita) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
71

PRETRIAL ORDER: Jury Trial set for 12/5/2011 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson. Calendar Call set for 11/29/2011 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson. Exhibit List due by 11/30/2011. Trial Briefs due by 11/30/2011. Proposed Jury Instructions due by 11/30/2011. Proposed Voir Dire due by 11/30/2011. Signed by Judge Kent J. Dawson on 5/23/2011. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
72

ORDER REFERRING CASE to Magistrate Judge George W. Foley, Jr. to set a settlement conference. (Matter is stacked on the 12/5/2011 trial calendar.) Signed by Judge Kent J. Dawson on 5/24/2011. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
73

ORDER Scheduling Settlement Conference: Settlement Conference set for 10/12/2011 09:00 AM in Chambers before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 5/25/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
74

STIPULATION FOR EXTENSION OF TIME (First Request) re 73 Order Scheduling Settlement Conference, ; by Plaintiff Equal Employment Opportunity Commission. (Mallik, Amrita) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
75

ORDER ON STIPULATION Granting 74 Stipulation for Extension of the Settlement Conference Date. Settlement Conference reset for 10/24/2011 09:00 AM in Chambers before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 6/7/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
76

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 8/15/2011. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that this case is reassigned to Magistrate Judge Carl W. Hoffman for all further proceedings. Magistrate Judge George Foley, Jr no longer assigned to case. All further documents must bear the correct case number 2:05-cv-01125-KJD-CWH. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

PACER
77

NOTICE by Defendant Prospect Airport Services, INC Request for an Order Allowing for the Carrier to Appear Telephonically for the Settlement Conference (Garin, Joseph) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
78

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman on 10/5/2011 by Deputy Clerk: Donna Smith. Pursuant to the reassignment of this case to Magistrate Judge Carl W. Hoffman, the Settlement Conference set October 24, 2011, before Magistrate Judge George W. Foley is vacated. The Settlement Conference is reschuled to Friday, November 4, 2011, at 9:00 AM in Chambers, Room 3014, before Magistrate Judge Carl W. Hoffman.Settlement Briefs remain due on October 17, 2011. The parties shall deliver the Briefs to Chambers, Room 3014, no later than October 17, 2011. All other condtions and directions set forth in the Order Scheduling a Settlement Conference 73 remain in full effect. (no image attached) (Copies have been distributed pursuant to the NEF - DES) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
79

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman, on 10/5/2011. RE: 77 Notice (Other) Defendant's request for an order allowing its carrier to appear telephonically at the settlement conference scheduled in this matter is denied. (no image attached) (Copies have been distributed pursuant to the NEF - MW) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
80

STIPULATION FOR EXTENSION OF TIME (Second Request) JOINT STIPULATION REQUESTING EXTENSION OF THE SETTLEMENT CONFERENCE DATE TO NOVEMBER 21, 2011; PROPOSED ORDER by Plaintiff Equal Employment Opportunity Commission. (Naccarato, Elizabeth) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
81

ORDER ON STIPULATION Granting 80 Stipulation Requesting Extension of the Settlement Conference Date to 11/21/11. Settlement Conference reset for 11/21/2011 09:00 AM in Chambers before Magistrate Judge Carl W. Hoffman. Signed by Magistrate Judge Carl W. Hoffman on 10/11/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 10/12/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
82

SUPPLEMENT to 71 Pretrial Order, ; Plaintiff EEOC's Supplemental Pretrial Disclosures by Plaintiff Equal Employment Opportunity Commission. (Mallik, Amrita) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
83

MOTION to Bifurcate Trial Motion in Limine to Bifurcate The Trial into Two Phases: Liability and Punitive Damages, Alternatively, to Exclude Prospect's Financial Worth and Conduct Post-Lamas by Defendant Prospect Airport Services, INC. Responses due by 11/21/2011. (Garin, Joseph) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
84

MOTION in Limine to Exclude Witnesses not Disclosed During Discovery by Defendant Prospect Airport Services, INC. Responses due by 11/21/2011. (Garin, Joseph) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
85

MOTION in Limine to Exclude Argument and Evidence that Rudolpho Lamas Found any Conduct Before the Third Note Harassing by Defendant Prospect Airport Services, INC. Responses due by 11/21/2011. (Garin, Joseph) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
86

MOTION in Limine to Exclude Evidence of Monetary Damages for the EEOC's Failure to Comply with FRCP 26 by Defendant Prospect Airport Services, INC. Responses due by 11/21/2011. (Garin, Joseph) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
87

MOTION to Compel Production of Therapist's Notes and Motion in Limine to Include Testimony Regarding Therapists Meetings by Defendant Prospect Airport Services, INC. Responses due by 11/21/2011. (Attachments: # 1 Exhibit 1-3)(Garin, Joseph) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
88

OBJECTION to Defendant's Proposed Trial Exhibits filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Mallik, Amrita) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
89

SUPPLEMENT to EEOC's Designation of Deposition Testimony by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Mallik, Amrita) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
90

SUPPLEMENT to 71 Pretrial Order, ; by Defendant Prospect Airport Services, INC. (Garin, Joseph) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
91

MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENTS REGARDING CHARGING PARTY RUDOLPHO LAMAS WORK PERFORMANCE AT PROSPECT by Plaintiff Equal Employment Opportunity Commission. Responses due by 11/24/2011. (Attachments: # 1 Certificate of Service)(Mallik, Amrita) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
92

MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENTS REGARDING CHARGING PARTY RUDOLPHO LAMAS PRIOR AND/OR SUBSEQUENT WORK PERFORMANCE by Plaintiff Equal Employment Opportunity Commission. Responses due by 11/24/2011. (Attachments: # 1 Certificate of Service)(Naccarato, Elizabeth) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
93

MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENTS REGARDING CHARGING PARTY RUDOLPHO LAMAS PAST SEXUAL BEHAVIOR OR ALLEGED SEXUAL PREDISPOSITION by Plaintiff Equal Employment Opportunity Commission. Responses due by 11/24/2011. (Attachments: # 1 Certificate of Service)(Mallik, Amrita) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
94

MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENTS REGARDING CHARGING PARTY RUDOLPHO LAMAS MENTAL HEALTH CARE THERAPY AND THERAPY RECORDS OUTSIDE OF INFORMATION REGARDING THE HARASSMENT AT ISSUE IN THIS CASE by Plaintiff Equal Employment Opportunity Commission. Responses due by 11/24/2011. (Attachments: # 1 Certificate of Service)(Naccarato, Elizabeth) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
95

MOTION in Limine REQUEST FOR JUDICIAL NOTICE by Plaintiff Equal Employment Opportunity Commission. Responses due by 11/24/2011. (Attachments: # 1 Declaration DECLARATION OF TRIAL ATTORNEY AMRITA MALLIK, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Certificate of Service)(Mallik, Amrita) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 13, 2005

Closing Date: July 25, 2017

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

Prospect Airport Services, Inc (Las Vegas), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 75,000

Order Duration: 2012 - 2017

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Training

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits