Case: EEOC v. Idaho Power Company

1:02-cv-00409 | U.S. District Court for the District of Idaho

Filed Date: Sept. 4, 2002

Closed Date: Nov. 24, 2006

Clearinghouse coding complete

Case Summary

The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his age and national origin. More specifically, the complaint alleges that the defendant hired nine less qualified white males between the ages of 21-33 for the positions that the charging party sought. …

The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his age and national origin. More specifically, the complaint alleges that the defendant hired nine less qualified white males between the ages of 21-33 for the positions that the charging party sought. The charging party intervened in the suit in October 2002. After two years of discovery motions and motions for summary judgment and seven days before the beginning of trial, the parties settled by entry of a consent decree in November 2004.

The two year consent decree required the defendant to pay the charging party $175,000, and included an anti-discrimination provision (along with policies and procedures), three hours of training on employment discrimination, policies designed to promote supervisor accountability, advertisement of Meter Specialist vacancies, and Bi-Annual reporting to the EEOC. The consent decree also required the defendant to expunge the record of the complaining party.

Summary Authors

Tony Friedman (6/17/2007)

Documents in the Clearinghouse

Document

1:02-cv-00409

Docket (PACER)

Nov. 24, 2004

Nov. 24, 2004

Docket
1

1:02-cv-00409

Complaint

Sept. 4, 2002

Sept. 4, 2002

Complaint
21

1:02-cv-00409

Intervenor's Complaint -- Marlon A Herrera

EEOC v Idaho Power Company

Feb. 27, 2003

Feb. 27, 2003

Complaint
22

1:02-cv-00409

First Amended Intervenor's Complaint by Intervenor Marlon A. Herrera

Feb. 28, 2003

Feb. 28, 2003

Complaint
54

1:02-cv-00409

Second Amended Complaint [by Plaintiff]

June 13, 2003

June 13, 2003

Complaint
168

1:02-cv-00409

Order [Granting in Part and Denying in Part Motion for Summary Judgment]

March 15, 2004

March 15, 2004

Order/Opinion
200

1:02-cv-00409

Consent Decree and Order Dismissing Action

Nov. 24, 2004

Nov. 24, 2004

Settlement Agreement

1:02-cv-00409

EEOC Litigation Settlements November 2004

No Court

May 8, 2007

May 8, 2007

Press Release

1:02-cv-00409

FY 2005 Annual Report on the Operations and Accomplishments of the Office of the General Counsel

No Court

May 8, 2007

May 8, 2007

Press Release

Resources

Docket

Last updated Jan. 18, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) Fee Waived. (msb) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

2

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for plaintiff (msb)

Sept. 5, 2002

Sept. 5, 2002

3

LITIGATION ORDER by Honorable Edward J. Lodge ; Teleconf set for 12/4/02 at 9:30 (cc: all counsel) (wm)

Sept. 12, 2002

Sept. 12, 2002

4

WAIVER OF SERVICE/PROCESS executed upon defendant Idaho Power Company on 9/17/02 (wm) (Entered: 09/24/2002)

Sept. 23, 2002

Sept. 23, 2002

5

AMENDED COMPLAINT [1-1] by pla; jury trial demand (ja)

Oct. 8, 2002

Oct. 8, 2002

6

MOTION by Marlon A Herrera to intervene (wm)

Oct. 17, 2002

Oct. 17, 2002

7

MEMORANDUM by intervenor-pla Marlon A Herrera in support of motion to intervene [6-1] (wm)

Oct. 17, 2002

Oct. 17, 2002

8

ANSWER by def; to amended complaint jury demand (wm) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

10

OBJECTION AND RESPONSE by def to motion to intervene [6-1] (wm) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

11

REPLY MEMORANDUM of Marlon A. Herrera in support of motion to intervene [6-1] (ja)

Nov. 15, 2002

Nov. 15, 2002

12

LITIGATION PLAN by pla (wm)

Nov. 19, 2002

Nov. 19, 2002

13

SCHEDULING ORDER by Honorable Edward J. Lodge ; Telephonic Status Conference vacated ; Discovery ddl set for 6/1/03 ; Disp Motion ddl set 7/1/03 ; Jury Trial set for 2/10/04 at 9:30 Non-dispositive pretrial matters referred to Judge Larry M. Boyle (cc: all counsel) (wm)

Nov. 25, 2002

Nov. 25, 2002

14

NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney Carmen Flores for EEOC and substituting attorney Damien Lee (wm)

Nov. 29, 2002

Nov. 29, 2002

15

NOTICE OF HEARING motion to intervene [6-1] set before LMB in Boise 9:30 1/27/03 (cc: all counsel) (wm) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

16

ORDER by Honorable Edward J. Lodge Settlement conference referred to Judge Mikel H. Williams (cc: all counsel) (wm)

Jan. 23, 2003

Jan. 23, 2003

17

MINUTES OF MOTION HEARING - taking under advisement on 1/27/03 the motion to intervene [6-1] LMB (wm)

Jan. 27, 2003

Jan. 27, 2003

18

STIPULATION to extend tie frames in litigation order (wm)

Feb. 14, 2003

Feb. 14, 2003

19

ORDER by Judge Larry M. Boyle granting stipulation to extend time frames in litigation order [18-1] (cc: all counsel) (wm)

Feb. 20, 2003

Feb. 20, 2003

20

ORDER by Judge Larry M. Boyle granting motion to intervene [6-1] ; Case Mgmt ddl set for 3/6/03 for Herrera to file and serve complaint (cc: all counsel) (wm)

Feb. 20, 2003

Feb. 20, 2003

21

INTERVENOR'S COMPLAINT by intervenor-pla Marlon A Herrera (wm) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

22

FIRST AMENDED INTERVENOR'S COMPLAINT by intervenor-pla Marlon A Herrera (wm)

Feb. 28, 2003

Feb. 28, 2003

23

STIPULATION to extend time frame for disclosure of expert witnessess in litigation order (wm) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

24

ORDER by Judge Mikel H. Williams ; Settlement conference set for 3/31/03 at 9:30 (cc: all counsel) (wm)

March 4, 2003

March 4, 2003

25

WAIVER OF SERVICE/PROCESS executed upon defendant Idaho Power Company on 2/28/03 (wm) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

26

ORDER by Judge Larry M. Boyle granting stipulation to extend time frame for disclosure of expert witnessess in litigation order [23-1] (cc: all counsel) (wm)

March 11, 2003

March 11, 2003

27

JOINT MOTION by EEOC, Marlon A Herrera to compel disclosures (wm) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

29

DECLARATION of Keller W. Allen in support of motion to compel disclosures [27-1] (wm) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

30

MOTION by pla to file second amended complaint (ja)

March 25, 2003

March 25, 2003

31

MEMORANDUM by pla in support of motion to file second amended complaint [30-1] (ja)

March 25, 2003

March 25, 2003

32

DECLARATION of Damien Lee by pla in support of EEOC's motion to file second amended complaint [30-1] (ja)

March 25, 2003

March 25, 2003

33

AMENDED ORDER by Judge Mikel H. Williams ; Settlement conference set for 4/28/03 at 9:30 (cc: all counsel) (wm)

April 2, 2003

April 2, 2003

34

ALTERNATIVE MOTION by def for protective order (wm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

35

AFFIDAVIT of Jenny C. Ridinger in support of motion for protective order [34-1] (wm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

36

MEMORANDUM by def in opposition re: motion to compel disclosures [27-1] (wm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

36

MEMORANDUM by def in support of motion for protective order [34-1] (wm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

37

OBJECTION AND RESPONSE by def to motion to file second amended complaint [30-1] (wm) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

38

AFFIDAVIT of Jenny C. Ridinger regarding motion response [37-1] (wm) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

39

REPLY by EEOC and Marlon A Herrera to response to motion to compel disclosures [27-1] (dkh)

April 16, 2003

April 16, 2003

41

ANSWER by def (wm) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

40

REPLY BRIEF by pla to response to motion to file second amended complaint [30-1] (wm)

April 28, 2003

April 28, 2003

42

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for def re answer [41-1] (wm)

April 28, 2003

April 28, 2003

43

AMENDED REPLY by pla to response to motion to file second amended complaint [30-1] (wm) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

44

SUBPOENA as to: Nikki Garza c/o Wal-Mart Supercenter served on 5/7/03 (wm)

May 16, 2003

May 16, 2003

45

SUBPOENA as to: City Clerk for the City of Burley served on 5/13/03 (wm) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

46

ORDER by Judge Larry M. Boyle granting motion to compel disclosures [27-1], granting in part and denying in part motion to file second amended complaint [30-1] granting in part and denying in part motion for protective order [34-1] (cc: all counsel) (wm)

May 23, 2003

May 23, 2003

47

MOTION by intervenor-pla Marlon A Herrera to compel discovery , and for a limited discovery extension (wm)

May 30, 2003

May 30, 2003

48

MEMORANDUM by intervenor-pla Marlon A Herrera in support of motion to compel discovery [47-1], of motion for a limited discovery extension [47-2] (wm)

May 30, 2003

May 30, 2003

49

DECLARATION of Keller W. Allen in support of motion to compel discovery [47-1], re motion for a limited discovery extension [47-2] (wm)

May 30, 2003

May 30, 2003

50

MOTION by def to extend discovery deadline (wm)

May 30, 2003

May 30, 2003

51

AFFIDAVIT of Jenny C. Ridinger in support of motion to extend discovery deadline [50-1] (wm)

May 30, 2003

May 30, 2003

52

MOTION by def Idaho Power Company to expedite shorten time for hearing on dfts motion to extend the discovery deadline (wm) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

53

SUPPLEMENTAL DECLARATION by intervenor-pla Marlon A Herrera re motion to compel discovery [47-1] (wm) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

54

SECOND AMENDED COMPLAINT [5-1] by pla EEOC; jury trial demand (ja) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

55

CERTIFICATE OF SERVICE by pla regarding Second Amended Complaint (ja) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

56

NOTICE by pla EEOC of withdrawal of second amended complaint filed on 6/13/03 (dkh) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

57

NOTICE OF WITHDRAWAL by def terminating motion for extension and motion to shorten time [52-1] (ja) (Entered: 06/20/2003)

June 18, 2003

June 18, 2003

58

RESPONSE by def to motion to compel discovery [47-1] (wm) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

59

AFFIDAVIT of Linda Perkins regarding motion response [58-1] (wm) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

60

AFFIDAVIT of Jenny C. Ridinger regarding motion response [58-1] (wm) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

61

REPLY by intv-pla Marlon A Herrera to response to motion to compel discovery [47-1], motion for a limited discovery extension [47-2] (wm)

June 30, 2003

June 30, 2003

62

SUPPLEMENTAL DECLARATION of Keller W. Allen in support of motion reply [61-1] (wm)

June 30, 2003

June 30, 2003

FILE DIVISION - File # 2 begins with document # 63 (wm) (Entered: 07/08/2003)

June 30, 2003

June 30, 2003

63

MOTION by def for summary judgment (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

64

STATEMENT OF MATERIAL FACTS by def in support of motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

66

AFFIDAVIT of Karl L. Peck regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

67

AFFIDAVIT of Chris Elordi regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

68

AFFIDAVIT of Chris Bell regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

69

AFFIDAVIT of Sam Turner regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

70

AFFIDAVIT of Linda Perkins regarding motion for summary judgment [63-1] (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

71

MOTION by def Idaho Power Company to exceed the page limit for memorandum in support of motion for summary judgment (wm) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

72

MOTION by def to exceed the page limit for statement of undisputed facts in support of dfts motion for summary judgment (wm) (Entered: 07/07/2003)

July 2, 2003

July 2, 2003

73

MOTION by intervenor-pla Marlon A Herrera for leave to file second supplemental declaration and brief (wm)

July 16, 2003

July 16, 2003

74

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit for memorandum in support of motion for summary judgment [71-1] (cc: all counsel) (wm)

July 17, 2003

July 17, 2003

75

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit for statement of undisputed facts in support of dfts motion for summary judgment [72-1] (cc: all counsel) (wm)

July 17, 2003

July 17, 2003

76

MEMORANDUM by def Idaho Power Company in support of motion for summary judgment [63-1] (wm)

July 17, 2003

July 17, 2003

77

MOTION by intervenor-pla to strike portions and exhibits of affidavits of Linda Perkins (wm)

July 24, 2003

July 24, 2003

78

MEMORANDUM by intervenor-pla in support of motion to strike portions and exhibits of affidavits of Linda Perkins [77-1] (wm)

July 24, 2003

July 24, 2003

79

MOTION by intervenor-pla pursuant to FRCP 56(f) (wm)

July 24, 2003

July 24, 2003

80

MEMORANDUM by intervenor-pla in support of motion pursuant to FRCP 56(f) [79-1] (wm)

July 24, 2003

July 24, 2003

81

DECLARATION of Keller W. Allen in support of motion pursuant to FRCP 56(f) [79-1] (wm)

July 24, 2003

July 24, 2003

82

MOTION by pla, intervenor-pla to exceed the page limit on statement of material facts (wm)

July 24, 2003

July 24, 2003

84

AFFIDAVIT of Marlon A. Herrera in opposition to dfts motion for summary judgment [63-1] (wm)

July 24, 2003

July 24, 2003

85

MOTION by intervenor-pla to exceed the page limit on brief in opposition to dfts motion for summary judgment (wm)

July 24, 2003

July 24, 2003

86

AFFIDAVIT of Keller W. Allen in support of motion to exceed the page limit on brief in opposition to dfts motion for summary judgment [85-1] (wm)

July 24, 2003

July 24, 2003

87

AFFIDAVIT of Keller W. Allen in opposition to motion for summary judgment [63-1], in accordian file not scanned in (wm) Modified on 07/24/2003

July 24, 2003

July 24, 2003

92

RESPONSE by intervenor-pla Marlon A Herrera to motion for summary judgment [63-1] (wm) (Entered: 07/29/2003)

July 24, 2003

July 24, 2003

93

STATEMENT OF MATERIAL FACTS by intervenor-pla Marlon A Herrera in opposition to dfts motion for summary judgment [63-1] (wm) (Entered: 07/29/2003)

July 24, 2003

July 24, 2003

88

MOTION by pla to exceed the page limit on memorandum in opposition to dfts motion for summary judgment (wm)

July 25, 2003

July 25, 2003

89

NOTICE OF PLAS OPPOSITION TO DFTS MOTION FOR SUMMARY JUDGMENT by pla (wm)

July 25, 2003

July 25, 2003

90

DECLARATION of Damien Lee re notice [89-1], not scanned in (wm)

July 25, 2003

July 25, 2003

91

ORDER by Judge Larry M. Boyle granting motion for leave to file second supplemental declaration and brief [73-1] (cc: all counsel) (wm)

July 28, 2003

July 28, 2003

94

REPLY by intervenor-pla Marlon A Herrera to response to motion to compel discovery [47-1] (wm)

Aug. 1, 2003

Aug. 1, 2003

95

SECOND SUPPLEMENTAL DECLARATION of Keller W. Allen in support of motion to compel discovery [47-1] (wm)

Aug. 1, 2003

Aug. 1, 2003

96

NOTICE OF NON OPPOSITION by def to motion to exceed the page limit on brief in opposition to dfts motion for summary judgment [85-1] (wm) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

97

MOTION by def to extend time to file reply brief in support of motion for summary judgment (wm) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

98

MEMORANDUM by def in support of motion to extend time to file reply brief in support of motion for summary judgment [97-1] (wm) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

99

AFFIDAVIT of Tamsen L. Leachman in support of dfts motion to extend time to file reply brief in support of motion for summary judgment [97-1] (wm) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

100

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit on statement of material facts [82-1] (cc: all counsel) (wm)

Aug. 4, 2003

Aug. 4, 2003

102

ORDER by Honorable Edward J. Lodge granting motion to exceed the page limit on memorandum in opposition to dfts motion for summary judgment [88-1] (cc: all counsel) (wm)

Aug. 4, 2003

Aug. 4, 2003

103

MEMORANDUM by pla in opposition re: motion for summary judgment [63-1] (wm)

Aug. 4, 2003

Aug. 4, 2003

Case Details

State / Territory: Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 4, 2002

Closing Date: Nov. 24, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho Power Company (Burley), Private Entity/Person

Case Details

Causes of Action:

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

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

State Anti-Discrimination Law

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: 175000

Order Duration: 2004 - 2006

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

National origin discrimination

Race discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Hispanic

Indian