Case: EEOC v. PERRY AUTOMOTIVE GROUP INC

2:05-cv-06695 | U.S. District Court for the Central District of California

Filed Date: Sept. 12, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

EEOC's Los Angeles, CA office filed this racial discrimination lawsuit against the defendant, Hysen-Johnson Ford, Inc. in the United States District Court for the Central District of California on 09/12/2005. The defendant was a Ford dealer operating a facility in San Luis Obispo, CA. EEOC alleged on behalf of a black male employee at the San Luis Obispo facility that he was subject to racially discriminatory terms and conditions, racial harassment, intimidation, and hostile work environment.…

EEOC's Los Angeles, CA office filed this racial discrimination lawsuit against the defendant, Hysen-Johnson Ford, Inc. in the United States District Court for the Central District of California on 09/12/2005. The defendant was a Ford dealer operating a facility in San Luis Obispo, CA. EEOC alleged on behalf of a black male employee at the San Luis Obispo facility that he was subject to racially discriminatory terms and conditions, racial harassment, intimidation, and hostile work environment. The individual complainant did not intervene or file a separate lawsuit.

The parties settled at a settlement conference held before Magistrate Judge Carla Woehrle on 08/17/2006. The district court entered a consent judgment on 10/17/2006.

The consent decree had a duration of two years. The defendant agreed to pay $13,000 in compensatory damages to the individual complainant. Additionally, the defendant was required to revise its anti-discrimination policies, institute a complaint process and provide annual training to all employees. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Yin Zheng (7/6/2007)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

Document

2:05-cv-06695

Docket

EEOC v. Perry Automotive Group Inc et al

Oct. 17, 2006

Oct. 17, 2006

Docket
24

2:05-cv-06695

Consent Decree

EEOC v. Hysen-Johnson Ford Inc

Oct. 17, 2006

Oct. 17, 2006

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Perry Automotive Group Inc, Does 1-10 inclusive.( No Filing fee Required) Jury Demanded. , filed by plaintiff United States Equal Employment Opportunity Commission.(pj, ) (Entered: 09/16/2005)

Sept. 12, 2005

Sept. 12, 2005

20 day Summons Issued re Complaint - (Discovery)[1] as to Perry Automotive Group Inc, Does. (pj, ) (Entered: 09/16/2005)

Sept. 12, 2005

Sept. 12, 2005

2

CERTIFICATION of Interested Parties filed by Plaintiff United States Equal Employment Opportunity Commission. (pj, ) (Entered: 09/16/2005)

Sept. 12, 2005

Sept. 12, 2005

FAX number for Attorney Peter F Laura, Anna Y Park, Cherry-Marie D Rojas is 213-894-1301. (pj, ) (Entered: 09/16/2005)

Sept. 12, 2005

Sept. 12, 2005

3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(pj, ) (Entered: 09/16/2005)

Sept. 12, 2005

Sept. 12, 2005

4

STANDING ORDER by Judge Dale S. Fischer; Read this Order carefully. It controls this case and differs in some respects from the Local Rules. (see document for details)(jag, ) (Entered: 09/19/2005)

Sept. 13, 2005

Sept. 13, 2005

5

WAIVER OF SERVICE Returned Executed filed by plaintiff United States Equal Employment Opportunity Commission. upon Perry Automotive Group Inc waiver sent by Plaintiff on 10/18/2005, answer due 12/17/2005. Waiver of Service signed by Lawrence W Miles Jr, attorney. (jag, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

7

CERTIFICATION of Interested Parties filed by Defendant Perry Automotive Group Inc. (jag, ) (Entered: 11/28/2005)

Nov. 22, 2005

Nov. 22, 2005

8

NOTICE of Change of Attorney Information: Cherry-Marie D Rojas is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by plaintiff United States Equal Employment Opportunity Commission (jag, ) (Entered: 12/09/2005)

Dec. 8, 2005

Dec. 8, 2005

9

ADR PILOT PROGRAM QUESTIONNAIRE (jag, ) (Entered: 01/25/2006)

Jan. 24, 2006

Jan. 24, 2006

12

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 3 - 4 days. (jag, ) (Entered: 02/02/2006)

Jan. 24, 2006

Jan. 24, 2006

10

ORDER by Judge Dale S. Fischer Approving the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before Magistrate Judge for settlement proceedings.(jag, ) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

11

ORDER Setting Scheduling Conference by Judge Dale S. Fischer; This matter is set for a Scheduling Conference set on 3/13/2006 11:00 AM. (see document for details)(jag, ) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

13

MINUTES OF IN CHAMBERS ORDER by Judge Carla Woehrle : Plaintiff and defendant shall confer immediately with each other and set a date and time for a settlement conference, after clearing the date with Magistrate Woehrle's clerk.**SEE ORDER FOR FURTHER DETAILS** (dt, ) (Entered: 03/02/2006)

Feb. 28, 2006

Feb. 28, 2006

17

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 3 - 4 days. (jag, ) (Entered: 03/09/2006)

March 3, 2006

March 3, 2006

14

MINUTES OF IN CHAMBERS ORDER by Judge Carla Woehrle : Set Hearings: Settlement Conference set for 4/12/2006 at 03:00 PM before Magistrate Judge Carla Woehrle. See minute order for further details. (jm, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

16

ORDER re COURT TRIAL by Judge Dale S. Fischer; Court sets the following dates: Adding Parties or Amending Pleadings 5/22/2006; Discovery cut-off 8/31/2006; Expert witness exchange deadline: Initial 7/14/06, Rebuttal 8/14/06, Cutoff 8/31/06; Motion hearing cutoff 9/11/2006; Last date to conduct settlement conference is 9/25/2006; Final Pretrial Conference set for 11/6/2006 03:00 PM; ury Trial set for 12/5/2006 08:00 AM. (see document for details)(jag, ) (Entered: 03/09/2006)

March 7, 2006

March 7, 2006

15

MINUTES by Judge Dale S. Fischer; Court removes the Scheduling Conference from the 3/13/06 calendar and establishes the case management pursuant to the parties Joint Rule 26(f) Report. Court Reporter: n/a. (jag, ) (Entered: 03/09/2006)

March 8, 2006

March 8, 2006

18

ORDER by Judge Carla Woehrle that the 14 Settlement Conference is CONTINUED to 6/29/2006 03:00 PM before Magistrate Judge Carla Woehrle.(jag, ) (Entered: 04/05/2006)

March 30, 2006

March 30, 2006

19

STIPULATION AND ORDER by Judge Dale S. Fischer For Filing of First Amended Complaint. Defendant Hysen-Johnson Ford, Ind, dba Perry Ford of San Luis Obispo shall not be required to answer the First Amended Complaint, and that all denials, responses, and affirmative defenses contained in the Answer filed by Defndant to the original Complaint shall be responsive to the EEOC's First Amended Complaint.(pbap, ) (Entered: 06/12/2006)

June 8, 2006

June 8, 2006

20

FIRST AMENDED COMPLAINT against Defendant Hysen-Johnson Ford, Inc., Does amending Complaint - (Discovery)[1]; Jury Demand,filed by Plaintiff United States Equal Employment Opportunity Commission (shb, ) (Entered: 06/12/2006)

June 8, 2006

June 8, 2006

21

MINUTES OF IN CHAMBERS ORDER held before Judge Carla Woehrle :, Set Hearings:The Continued Settlement Conference set for 8/17/2006 03:00 PM before Magistrate Judge Carla Woehrle. (dt, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

22

MINUTES OF Settlement Conference held before Judge Carla Woehrle : Agreement reached. Documentation to be complated and proposed consent judgment lodged within thrity days. (sbu, ) (Entered: 08/21/2006)

Aug. 17, 2006

Aug. 17, 2006

23

Substitution of Attorney filed. Substituting attorney Aaron H. Jacoby, Venable, LLP for Defendant Hysen-Johnson Ford, Inc. dba Perry Ford of San Luis Obispo, in place and stead of attorney Lawrence W. Miles, Jr. by Magistrate Judge Carla Woehrle.(gk, ) (Entered: 09/06/2006)

Aug. 17, 2006

Aug. 17, 2006

24

CONSENT DECREE; ORDER by Judge Dale S. Fischer: The parties to thsis Consent Decree are EEOC and Perry Ford. The scope of this Decree includes Perry Ford's operations at its San Luis Obispo, CA facility. This decree shall be binding on and enforceable agains Perry Ford and its officers, directors, agents, successors and assigns, and against the Commission for the effective period of the Decree as noted in Section V. (See Order for further details) The provisions of the foregoing Consent Decree are hereby approved and in compliance with all provisions thereof is HEREBY ORDERED. (Made JS-6. Case Terminated.)(yl, ) (Entered: 10/18/2006)

Oct. 17, 2006

Oct. 17, 2006

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 12, 2005

Closing Date: 2008

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

Does 1-10 inclusive (San Luis Obispo, CA), Private Entity/Person

Hysen-Johnson Ford, Inc. (San Luis Obispo, CA), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 13000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Race:

Race, unspecified

EEOC-centric:

Direct Suit on Merits