Case: EEOC v. Bell Gas and Ballew Distributing

1:02-cv-01213 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 26, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 26, 2002, the Equal Employment Opportunity Commission filed a complaint on behalf of two female employees in the U.S. District Court for the District of New Mexico. Under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, the Plaintiff sought injunctive and monetary relief, arguing that the female employees had suffered sexual harassment and had been subjected to a hostile work environment by two managers and a supervisor, who had made offensive …

On September 26, 2002, the Equal Employment Opportunity Commission filed a complaint on behalf of two female employees in the U.S. District Court for the District of New Mexico. Under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, the Plaintiff sought injunctive and monetary relief, arguing that the female employees had suffered sexual harassment and had been subjected to a hostile work environment by two managers and a supervisor, who had made offensive comments, sexual questions, sexual suggestions and unwelcoming touching. According to the Plaintiff, the Defendants did not exercise reasonable care to prevent and promptly correct the sexual harassment.

The Defendants answered the complaint on December 23, 2002, denying Plaintiff's allegations of unlawful employment practices, alleging that the Plaintiff failed to state a claim that would support injunctive relief and that the injunctive relief sought by the Plaintiff was not in accord with the injunctive relief prescribed under Title VII, besides being overly broad. Therefore, the Defendants requested that the Court dismiss Plaintiff's complaint with prejudice.

On January 13, 2003, the Plaintiff filed a motion to strike Defendants' answer, arguing it was untimely filed and filed without leave of the Court. Parties then discussed if the default should be set aside or not, until the Judge Leslie C. Smith granted Defendant's motion to set aside the default.

On June 16, 2003, the judge ordered the action be consolidated with EEOC v. Bell Gas, Inc., et al., CIV 02-1212 BB/KBM. That lawsuit involved a claim of retaliation related to one of the employees, against one of the Defendants and other two companies. District Judge Bruce D. Black found these actions involved common questions of law or fact, hence, granted the motion to consolidate the actions at least for discovery purposes, to avoid unnecessary costs or delay.

One of the employees entered into a consent decree with the Defendants, which was approved by Chief District Judge James A. Parker on January 14, 2004. The Defendants agreed to pay $20,000.00 to the employee. As a result, this individual employee's claims were dismissed with prejudice. The settlement expressly did not preclude the EEOC from prosecuting the remaining claims related to the other employee against the Defendants.

After that, the consolidation order was rescinded on March 26, 2004, by a decision issued by District Judge Bruce D. Black on Case No. 02-1212.

On July 20, 2004, District Judge Bruce D. Black issued a Memorandum, Opinion and Order, denying the Defendants' motions for summary judgment, which had been filed in both actions.

The remaining employee and the Defendants settled on both actions. On September 22, 2004, District Judge William P. Johnson approved the consent decree in which the Defendants agreed to pay $ 36,000.00 to the remaining employee. On the same day, District Judge Bruce D. Black approved the consent decree filed on Case No. 02-1213, by which the Defendants agreed to pay $10,000.00 to the employee. In both, one of the Defendants recognized it was already the subject of a consent decree in another lawsuit (CIV-02-1090 WPJ/ACT) and agreed that it was obligated to undertake the policies and training provided in that consent decree. As a result, all claims asserted by the EEOC against the Defendants were dismissed with prejudice. The Court retained jurisdiction for the purpose of enforcement of the consent decrees during their two years term.

The consent decrees ran the two years without any further litigation. The cases are now closed.

Summary Authors

Daniele de Oliveira Nunes (9/26/2018)

Related Cases

EEOC v. Bell Gas, Inc., District of New Mexico (2002)

EEOC v. Bell Gas, Inc. (AWC Propane), District of New Mexico (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5234152/parties/eeoc-v-bell-gas-incorporate/

Judge(s)

Black, Bruce D. (New Mexico)

Attorney for Plaintiff

Medina, Loretta (New Mexico)

Molina, Veronica A. (Arizona)

Attorney for Defendant

Komer, Mark E (New Mexico)

Long, Nancy Ruth (New Mexico)

Documents in the Clearinghouse

1:02-cv-01213

Docket (PACER)

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Docket
1

1:02-cv-01213

Complaint

Equal Employment Opportunity Commission v. Bell Gas Incorporated, and Ballew Distributing, Inc.

Sept. 26, 2002

Sept. 26, 2002

Complaint
39

1:02-cv-01213

Order Consolidating Actions

Equal Opportunity Employment Commission v. Bell Gas Incorporated and Ballew Distributing

June 13, 2003

June 13, 2003

Order/Opinion

1:02-cv-01213

1:02-cv-01212

Consent Decree Pertaining to Claimant Cheri Brisco Only [Consol. Case 02-1212]

EEOC v. Bell Gas Inc

Jan. 14, 2004

Jan. 14, 2004

Settlement Agreement
50

1:02-cv-01213

1:02-cv-01212

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Bell Gas Inc.

July 20, 2004

July 20, 2004

Order/Opinion
141

1:02-cv-01212

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Order/Opinion
51

1:02-cv-01213

Consent Decree

EEOC v. Bell Gas Incorporate

Sept. 22, 2004

Sept. 22, 2004

Order/Opinion
51

1:02-cv-01213

Consent Decree

Equal Employment Opportunity Commission v. Bell Gas Inc., and Ballew Distributing

Sept. 22, 2004

Sept. 22, 2004

Settlement Agreement

Student Memo on Consolidation

No Court

None

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5234152/eeoc-v-bell-gas-incorporate/

Last updated April 4, 2025, 11:26 a.m.

Docket for: EEOC v. Bell Gas Incorporate
ECF Number Date Description Link
1 Sept. 26, 2002

COMPLAINT for employment discrimination w/jury demand (3 Summons(es) issued) (referred to Magistrate Judge Karen B. Molzen) (ed) (Entered: 09/27/2002)

Clearinghouse
Sept. 26, 2002

LETTER re: consent to proceed before a US Magistrate Judge (ed) (Entered: 09/27/2002)

PACER
3 Oct. 16, 2002

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Leslie C Smith to District Judge Bruce D. Black (cc: all counsel*) (jrm) (Entered: 10/16/2002)

PACER
4 Dec. 11, 2002

WAIVER OF SERVICE upon defendant ABC Propane Inc on 11/7/02 (mlk) (Entered: 12/13/2002)

PACER
5 Dec. 11, 2002

WAIVER OF SERVICE of s/c upon defendant Bell Gas Inc on 11/7/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

PACER
6 Dec. 11, 2002

WAIVER OF SERVICE upon defendant Bell Gas Inc by Ray Bell, President on 12/11/02 (mlk) Modified on 12/30/2002 (Entered: 12/13/2002)

PACER
7 Dec. 16, 2002

MOTION by plaintiff for entry of default as to defts (jrm) (Entered: 12/17/2002)

PACER
8 Dec. 16, 2002

AFFIDAVIT of Veronica A Molina in support of motion for entry of default as to defts [7-1] (jrm) (Entered: 12/17/2002)

PACER
9 Dec. 17, 2002

PRAECIPE: by plaintiff requesting Clerk's entry of default against defts [7-1] (jrm) Modified on 12/18/2002 (Entered: 12/18/2002)

PACER
10 Dec. 17, 2002

AMENDED CERTIFICATE by plaintiff of service of motion for default and affidavit in support to counsel on 12/17/02 (mlk) (Entered: 12/18/2002)

PACER
11 Dec. 20, 2002

CLERK'S ENTRY OF DEFAULT as to defts (cc: all counsel) (jrm) (Entered: 12/20/2002)

PACER
14 Dec. 20, 2002

ENTRY OF APPEARANCE for defendants by Debra J. Moulton (mlk) (Entered: 12/30/2002)

PACER
12 Dec. 23, 2002

OPPOSED MOTION by defendants to set aside judgment (jrm) (Entered: 12/26/2002)

PACER
13 Dec. 23, 2002

ANSWER by defendants [1-1] (jrm) (Entered: 12/26/2002)

PACER
15 Jan. 3, 2003

RESPONSE by plaintiff to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

PACER
16 Jan. 3, 2003

AFFIDAVIT of Veronica A Molina in support of response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/07/2003)

PACER
17 Jan. 13, 2003

OPPOSED MOTION by plaintiff to strike defts' answer filed 12/23/02 (jrm) (Entered: 01/14/2003)

PACER
18 Jan. 21, 2003

NOTICE by defendants of completion of opposed mtn to set aside Clerk's entry of default (jrm) (Entered: 01/21/2003)

PACER
19 Jan. 22, 2003

REPLY by defendants to response to opposed motion to set aside judgment [12-1] (jrm) (Entered: 01/22/2003)

PACER
20 Jan. 22, 2003

MOTION by defendant for order to initiate electronic filing (mlk) (Entered: 01/23/2003)

PACER
22 Jan. 27, 2003

RESPONSE by defendants to motion to strike defts' answer filed 12/23/02 [17-1] * (jrm) (Entered: 01/28/2003)

PACER
23 Jan. 27, 2003

(APPENDIX) EXHIBITS filed by defts to their reply in support of motion to set aside judgment [12-1] (jrm) (Entered: 01/27/2003)

PACER
24 Feb. 5, 2003

NOTICE of hearing before District Judge Bruce D Black on pending mtns [17-1], [12-1], [7-1] @ 1:30 pm on 3/10/03 in Albuquerque (cc: all counsel*) (jrm) (Entered: 02/05/2003)

PACER
25 Feb. 13, 2003

REPLY by plaintiff to response to motion to strike defts' answer filed 12/23/02 [17-1] (jrm) (Entered: 02/13/2003)

PACER
26 Feb. 13, 2003

NOTICE by plaintiff of completion of briefing on mtn to strike (jrm) (Entered: 02/13/2003)

PACER
27 March 5, 2003

STIPULATED NOTICE by plaintiff of withdrawal of mtn for default & opposed mtn to strike defts' answer (jrm) (Entered: 03/06/2003)

PACER
28 March 7, 2003

STIPULATED ORDER by District Judge Bruce D. Black granting defts' opposed motion to set aside Clerk's entry of default [12-1] setting aside Clerk's entry of default as to all defts (cc: all counsel) (jrm) (Entered: 03/07/2003)

PACER
29 March 11, 2003

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 4/16/03 @ 2:30 pm; provisional discovery plan & IPTR due 3/26/03 (cc: all counsel*) (jrm) (Entered: 03/12/2003)

PACER
30 April 2, 2003

CERTIFICATE of service of initial disclosures by defts to counsel on 4/2/03 * (jrm) (Entered: 04/02/2003)

PACER
31 April 2, 2003

MINUTE ORDER: Case referred from Magistrate Judge Karen B Molzen to Magistrate Judge Lourdes A. Martinez (cc: all counsel*) (jrm) (Entered: 04/03/2003)

PACER
32 April 4, 2003

CERTIFICATE of service of initial disclosures by plaintiff to counsel on 4/3/03 (jrm) (Entered: 04/07/2003)

PACER
33 April 9, 2003

PROVISIONAL DISCOVERY PLAN by the parties (mlk) (Entered: 04/11/2003)

PACER
36 April 16, 2003

CLERK'S MINUTES: Telephonic Rule 16 Scheduling Conference before Magistrate Judge Lourdes A. Martinez Clerk/Sonia Reyes (js) (Entered: 04/22/2003)

PACER
34 April 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a settlememt conference for 7/22/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 04/18/2003)

PACER
35 April 21, 2003

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/18/03 (jrm) (Entered: 04/21/2003)

PACER
37 May 1, 2003

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 10/16/03 ; mtn filing ddl set for 11/28/03 ; proposed pretrial order due 1/30/04 ; pretrial conference set for 8:30 am on 3/22/04 ; jury trial set for 9:00 am on 4/5/04 ; Estimated of Trial Days: 2; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 05/01/2003)

PACER
38 June 3, 2003

ORDER by Magistrate Judge Lourdes A. Martinez rescheduling settlement conference from 7/22/03 to 7/21/03 @ 1:30 pm in Albuquerque (cc: all counsel*) (jrm) (Entered: 06/03/2003)

PACER
39 June 16, 2003

CERTIFICATE of Service by pltf of 1st set of interrog(s) to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

Clearinghouse
40 June 16, 2003

CERTIFICATE of Service by pltf of 1st request for production to counsel on 6/16/03* (pr) (Entered: 06/17/2003)

PACER
57 June 16, 2003

ORDER by District Judge Bruce D. Black consolidating this action w/member case CIV 02-1213 (cc: all counsel) (jrm) (Entered: 08/08/2003)

PACER
58 June 17, 2003

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Rule 16 scheduling conference held 6-4-03 (jrm) (Entered: 08/11/2003)

PACER
59 June 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting settlement conference for 10/29/03 @ 1:30 pm in Las Cruces, NM (cc: all counsel) (jrm) (Entered: 08/11/2003)

PACER
41 June 20, 2003

CERTIFICATE of Service by deft ABC Propane Inc of 1st set of interrog(s) & request for production to Evelyn Silva & counsel of record on 6/20/03* (pr) (Entered: 06/20/2003)

PACER
60 June 26, 2003

ORDER by Magistrate Judge Lourdes A. Martinez vacating the settlement conference set for 10/29/03 & resetting it for 7/21/03 @ 1:30 pm in Las Cruces, NM [59-1] (cc: all counsel) (jrm) (Entered: 08/11/2003)

PACER
42 June 27, 2003

CERTIFICATE of Service by pltf of 2nd supplemental initial disclosures to counsel on 6/27/03* (pr) (Entered: 06/30/2003)

PACER
43 July 8, 2003

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lourdes A. Martinez ; Discovery set for 11/1/03 ; mtn filing ddl set for 12/20/03 ; proposed pretrial order due 2/13/04 ; Estimated # of Trial Days: 4; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 07/08/2003)

PACER
44 July 15, 2003

OPPOSED MOTION by defts to vacate settlement conference & allow 30 day stay & extension of time for defts to retain new counsel (*) (jrm) (Entered: 07/15/2003)

PACER
45 July 17, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on mtn to vacate settlement conference & allow 20 day stay & extension of time for defts to retain new counsel [44-1] @ 8:30 am on 7/18/03 (cc: all counsel*) (jrm) Modified on 07/21/2003 (Entered: 07/18/2003)

PACER
46 July 18, 2003

ORDER by Magistrate Judge Lourdes A. Martinez denying motion to vacate settlement conference & allow 30 day stay extension of time for defts to retain new counsel [44-1] by ABC Propane Inc, Cortez Gas Company, Bell Gas Incorporate (cc: all counsel*) (jrm) (Entered: 07/21/2003)

PACER
48 July 24, 2003

CLERK'S MINUTES: hrg held on pltf's mtn to withdraw attorney on 7/18/03 before Magistrate Judge Lourdes A. Martinez [47-1] (*) (jrm) Modified on 08/04/2003 (Entered: 07/24/2003)

PACER
49 July 24, 2003

CLERK'S MINUTES: status conference held 7/21/03 before Magistrate Judge Lourdes A. Martinez (*) (jrm) (Entered: 07/24/2003)

PACER
51 July 24, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting deadline for defts' to substitute counsel, defts to have until 5:00 pm on 8/5/03 (cc: all counsel*) (jrm) (Entered: 07/24/2003)

Clearinghouse
52 July 24, 2003

CERTIFICATE of service of answers & objections to deft ABC Propane's 1st set of interrog(s) & requests for production by pltf to counsel on 7/21/03 (*) (jrm) (Entered: 07/24/2003)

PACER
53 July 30, 2003

CLERK'S MINUTES: settlement conference before Magistrate Judge Lourdes A. Martinez on 7/21/03; case did not settle (*) (jrm) (Entered: 07/30/2003)

PACER
54 July 31, 2003

MOTION by defts to withdraw attorney Debra Moulton (*) (jrm) (Entered: 07/31/2003)

PACER
55 July 31, 2003

ENTRY OF APPEARANCE for defts by Nancy Ruth Long and Mark E. Komer (mjr) (Entered: 07/31/2003)

PACER
56 Aug. 6, 2003

CERTIFICATE of service of 3rd supplemental initial disclosures by pltf to counsel on 8/6/03 (*) (jrm) (Entered: 08/06/2003)

PACER
61 Sept. 3, 2003

NOTICE by defts of completion of briefing on mtn to withdraw as counsel (*) (jrm) (Entered: 09/03/2003)

PACER
62 Sept. 16, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting motion to withdraw attorney Debra Moulton [54-1] for Bell Gas Incorporate, Cortez Gas Company & ABC Propane Inc (cc: all counsel*) (jrm) (Entered: 09/16/2003)

PACER
63 Sept. 26, 2003

CERTIFICATE of service by defts of responses to first request for production to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

PACER
64 Sept. 26, 2003

CERTIFICATE of service by defts of answers to first set of interrogs to counsel on 9/26/03 (mjr) (Entered: 09/26/2003)

PACER
65 Oct. 15, 2003

JOINT MOTION for a limited extension of the discovery deadline (*) (jrm) (Entered: 10/15/2003)

PACER
66 Oct. 23, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the discovery deadline extended to 11/5/03 [65-1] (cc: all counsel) (js) Modified on 10/27/2003 (Entered: 10/23/2003)

PACER
70 Oct. 23, 2003

ENTRY OF APPEARANCE for New Mexico Labor by Rebecca Wardlaw (sl) (Entered: 11/26/2003)

PACER
67 Nov. 5, 2003

JOINT MOTION by pltf for a limited extension of the 11/5/03 discovery deadline (*) (jrm) (Entered: 11/05/2003)

PACER
72 Nov. 6, 2003

RESPONSE by defendants to movant NMDOL's motion to quash subpoena [71-1] and for protective order [71-2] (sl) (Entered: 11/26/2003)

PACER
72 Nov. 6, 2003

MOTION by defts to compel pltf to consent to production of unemployment records (jrm) (Entered: 12/08/2003)

PACER
74 Nov. 7, 2003

APPENDIX filed by defendants re response [72-1] (sl) Modified on 12/02/2003 (Entered: 11/26/2003)

PACER
68 Nov. 12, 2003

ORDER by Magistrate Judge Lourdes A. Martinez granting parties' joint motion for a limited extension of the 11/5/03 discovery deadline [67-1] Discovery cutoff 11/26/03 (cc: all counsel) (js) (Entered: 11/12/2003)

PACER
73 Nov. 13, 2003

REPLY by movant New Mexico Dept Labr to defts' response to motion to quash subpoena [71-1] and for protective order (sl) (Entered: 11/26/2003)

PACER
76 Nov. 21, 2003

RESPONSE by pltf to motion to compel pltf to consent to production of unemployment records [72-1] (jrm) (Entered: 12/08/2003)

PACER
69 Nov. 25, 2003

ORDER by Magistrate Judge Lourdes A. Martinez setting a telephonic hrg on pending mtns for 12/11/03 @ 2:00 pm (cc: all counsel*) (jrm) (Entered: 11/25/2003)

PACER
75 Dec. 1, 2003

CERTIFICATE of service by plaintiff of 4th supplemental initial disclosures to counsel on 12/1/03 * (vv) (Entered: 12/01/2003)

PACER
77 Dec. 5, 2003

REPLY by defts to response to motion to compel pltf to consent to production of unemployment records [72-1] (*) (jrm) (Entered: 12/08/2003)

PACER
78 Dec. 16, 2003

CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Telephonic Status Conference held 12/11/03 (*) (jrm) (Entered: 12/17/2003)

PACER
79 Dec. 23, 2003

STIPULATED MOTION by defts to extend time until 12/24/03 in which to file pretrial mtns (*) (jrm) (Entered: 12/23/2003)

PACER
80 Dec. 24, 2003

MOTION & memo in support by deft Ballew Distributing Inc for summary judgment and to dismiss (*) (jrm) (Entered: 12/24/2003)

PACER
81 Dec. 24, 2003

MOTION & memorandum by deft Ballew Distributing for summary judgment on claim of hostile work environment * (dmw) (Entered: 12/24/2003)

PACER
82 Dec. 24, 2003

MOTION & memorandum by deft ABC Propane Inc for summary judgment on retaliation claim and for partial summary judgment on backpay damages & injunctive relief * (dmw) (Entered: 12/24/2003)

PACER
83 Dec. 24, 2003

MOTION & memorandum by deft Bell Gas Inc for summary judgment on the issue of claims related to Evelyn Silva's employment with Ballew Distributing * (dmw) (Entered: 12/24/2003)

PACER
84 Dec. 24, 2003

MOTION & memorandum by deft Bell Gas for summary judgment on claims related to Evelyn Silva's employment with ABC Propane * (dmw) (Entered: 12/24/2003)

PACER
85 Dec. 24, 2003

MOTION & memorandum by defendant Cortez Gas Company for summary judgment * (dmw) (Entered: 12/24/2003)

PACER
86 Dec. 31, 2003

ORDER by Magistrate Judge Lourdes A. Martinez denying defts' motion to compel pltf to consent to production of unemployment records [72-1] & to quash subpoena [71-1] (cc: all counsel) (js) (Entered: 12/31/2003)

PACER
87 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas Incorporate re mtn for sum/jgm [80-1] & mtn to dismiss [80-2] (td) (Entered: 12/31/2003)

PACER
88 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on claim of hostile work environment [81-1] (td) (Entered: 12/31/2003)

PACER
89 Dec. 31, 2003

APPENDIX of Exhibits filed by deft Bell Gas re mtn for sum/jgm on the issue of claims related to Evelyn Silva's employment with Ballew Distributing [83-1] (td) (Entered: 12/31/2003)

PACER
90 Jan. 6, 2004

UNOPPOSED MOTION by pltf to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss (jrm) (Entered: 01/07/2004)

PACER
91 Jan. 14, 2004

AMENDED CERTIFICATE of Service by pltf of unopposed mtn for extension to respond to mtns for sum/jgm to cousnel on 1/7/04* (pr) (Entered: 01/14/2004)

PACER
92 Jan. 14, 2004

ORDER by Senior Judge James A. Parker of consent decree pertaining to claimant Cheri Brisco only as described herein (cc: all counsel) (sl) (Entered: 01/14/2004)

PACER
93 Jan. 15, 2004

ORDER by Magistrate Judge Lourdes A. Martinez granting stipulated motion to extend time until 12/24/03 in which to file pretrial mtns [79-1] (cc: all counsel) (js) (Entered: 01/15/2004)

PACER
94 Jan. 20, 2004

ORDER by District Judge Bruce D. Black granting pltf's unopposed motion to extend time until 2/20/04 to respond to defts' mtns for sum/jgm & to dismiss [90-1] (cc: all counsel) (jrm) (Entered: 01/20/2004)

PACER
95 Feb. 19, 2004

SECOND UNOPPOSED MOTION by pltf to extend time until 2/27/04 in which to respond to defts' mtns for sum/jgm & to dismiss (*) (jrm) (Entered: 02/19/2004)

PACER
96 Feb. 20, 2004

UNOPPOSED MOTION by pltf to vacate the 4/5/04 trial setting (*) (jrm) (Entered: 02/23/2004)

PACER
97 Feb. 24, 2004

STIPULATED MOTION to extend time until 2/24/04 in which to file Pretrial Order (*) (jrm) (Entered: 02/24/2004)

PACER
98 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Ballew Distributing's motion for summary judgment on claim of hostile work environment [81-1] (*) (jrm) (Entered: 03/01/2004)

PACER
99 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Ballew Distributing's motion for summary judgment [80-1] & to dismiss [80-2] (*) (jrm) (Entered: 03/01/2004)

PACER
100 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Bell Gas Inc's motion for summary judgment on the issue of claims related to Evelyn Silva's employment with Ballew Distributing [83-1] (*) (jrm) (Entered: 03/01/2004)

PACER
102 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Bell Gas Inc's motion for summary judgment on claims related to Evelyn Silva's employment with ABC [84-1] (*) (jrm) (Entered: 03/01/2004)

PACER
103 Feb. 27, 2004

RESPONSE in opposition by pltf to deft Cortez Gas Company's motion for summary judgment [85-1] (*) (jrm) (Entered: 03/01/2004)

PACER
104 Feb. 27, 2004

UNOPPOSED MOTION by pltf to exceed page limitation for responses & exhibits in its opposition to defts' mtns to dismiss & or for sum/jgm (jrm) (Entered: 03/01/2004)

PACER

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two female employees who were subjected to sexual harrasment and a hostile work environment.

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

Private Entity/Person

Ballew Distributing Inc.

Bell Gas Incorporated

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:02-cv-01213

District of New Mexico 1:02-cv-01212

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Training

Amount Defendant Pays: 30,000

Order Duration: 2004 - 2006

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation