Case: EEOC v. HITCHIN LUCERNE INC (d/b/a LUCERNE VALLEY MARKET IGA/ACE HARDWARE)

5:00-cv-00224 | U.S. District Court for the Central District of California

Filed Date: April 14, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In April 2000, the EEOC brought this suit against Hitchen Lucerne, Inc., d/b/a Lucerne Valley Market/Ace Hardware, in the U.S. District Court for the Central District of California. The EEOC alleged that the defendant violated Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act ("ADEA") by terminating the charging party, a sixty-two year old female employee because of her sex and age and failing to rehire her in retaliation for her complaints of the discrimin…

In April 2000, the EEOC brought this suit against Hitchen Lucerne, Inc., d/b/a Lucerne Valley Market/Ace Hardware, in the U.S. District Court for the Central District of California. The EEOC alleged that the defendant violated Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act ("ADEA") by terminating the charging party, a sixty-two year old female employee because of her sex and age and failing to rehire her in retaliation for her complaints of the discrimination.

In June 2001, the defendant filed a motion for summary judgment. In May 2003, the motion was granted in part and denied in part, with the court rejecting the retaliation claims. The parties took part in a settlement conference in July 2003. After some discovery and scheduling orders, the parties settled in February 2004 through a consent decree.

The one-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide Title VII and ADEA training for its managers, expunge the charging party's personnel file from all references to the charges of discrimination, revise its staff handbook to include age as a protected EEO category, post a notice of employee rights, report to the EEOC every six months, and pay $9,500 to the charging party.

Summary Authors

Jason Chester (7/5/2007)

Documents in the Clearinghouse

Document

5:00-cv-00224

Docket (PACER)

US EEOC v. Hitchin Lucerne Inc

Feb. 26, 2004

Feb. 26, 2004

Docket
32

5:00-cv-00224

Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment

EEOC v. Hitchin Lucerne Inc

May 16, 2003

May 16, 2003

Order/Opinion
60

5:00-cv-00224

Consent Decree

EEOC v. Hitchin Lucerne Inc

Feb. 26, 2004

Feb. 26, 2004

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed referred to Discovery Carla M. Woehrle; Demand for jury trial (am) (Entered: 04/18/2000)

April 14, 2000

April 14, 2000

2

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff US EEOC (am) (Entered: 04/18/2000)

April 14, 2000

April 14, 2000

3

NOTICE OF WAIVER OF SERVICE of SUMMONS by defendant Hitchin Lucerne Inc signed for by dft's atty on 5/31/00 (mrgo) (Entered: 06/07/2000)

June 2, 2000

June 2, 2000

4

ANSWER filed by defendant Hitchin Lucerne Inc to complaint [1-1] (am) (Entered: 07/05/2000)

June 27, 2000

June 27, 2000

5

CERTIFICATION OF INTERESTED PARTIES filed by defendant Hitchin Lucerne Inc (am) (Entered: 07/05/2000)

June 27, 2000

June 27, 2000

6

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 5 days (am) (Entered: 07/06/2000)

June 30, 2000

June 30, 2000

7

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr before Discovery Carla M. Woehrle for sttlmnt procdgs Order by Judge Robert J. Timlin granting settlement procedure selection request [7-1] (am) (Entered: 07/07/2000)

July 5, 2000

July 5, 2000

8

MINUTES: ; mandatory status conference set on 9:30 10/19/00 by Judge Robert J. Timlin CR: n/a (am) (Entered: 07/19/2000)

July 14, 2000

July 14, 2000

10

NOTICE OF CHANGE Of Address filed by atty Alfred J Landegger for defendant Hitchin Lucerne Inc (am) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

9

MINUTES: On crt's own mot, mandatory status conference set 10/19/00 @ 10:00 has been contd to 2:30 1/19/01 by Judge Robert J. Timlin (la) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

11

ATTORNEY SUBSTITUTION: terminating attorney Frank A Magnanimo for Hitchin Lucerne Inc, attorney Alfred J Landegger for Hitchin Lucerne Inc by defendant Hitchin Lucerne Inc and substituting attorney John J Higgins by Judge Robert J. Timlin (am) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

12

STIPULATION and ORDER cont MSC by Judge Robert J. Timlin ; mandatory status conference set on 1:30 3/23/01 (mrgo) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

14

MINUTES: Scheduling conference set on 4:00 5/25/01 Effectie 1/16/01 the USDC wil be located @ the address listed. by Judge Robert J. Timlin CR: None (am) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

15

STIPULATION and ORDER by Discovery Carla M. Woehrle IT IS SO ORD That the Stip be ent & that the settlement conference be taken off cal to be reset in the event that summary jgm is not granted on behalf of the dft (SEND) (ir) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

16

MINUTES: by Magistrate Judge Carla M. Woehrle ; settlement conference 3:00 6/14/01 CR: N/A (SEND) (yc) (Entered: 05/07/2001)

May 3, 2001

May 3, 2001

17

MINUTES: ; Scheduling conference set on 4:00 7/6/01 Effective 1/16/01 the USDC will be located @ the address listed by Judge Robert J. Timlin CR: None (am) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

18

NOTICE OF HEARING ON MOTION AND MOTION by defendant Hitchin Lucerne Inc for summary judgment ; memo of PA; decl of Michael Kruppe; motion hearing set for 10:00 7/16/01 Lodged propsd finding of fact & jgm (mrgo) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

23

MINUTES: In chambers: sttlmnt conf held, no agreement reached; fur scheduling conf set for 3:00 9/27/01 following calendared hrg date on dfts pend mot for summ jgm by Discovery Carla M. Woehrle CR: none (send) (lc) (Entered: 06/29/2001)

June 14, 2001

June 14, 2001

19

ORDER vacting ord dtd 7/28/95 & directing no oral arg on mos in civil acnts. by Judge Robert J. Timlin (am) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

20

EX PARTE APPLICATION filed by plaintiff US EEOC to continue hrg on dfts mot for summ jgm set for 7/16/01 Lodged propsd ord (am) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

21

ORDER by Judge Robert J. Timlin granting exparte motion to continue hrg on dfts mot for summ jgm set for 7/16/01 [20-1], cont'g hearing on motion for summary judgment [18-1] 10:00 8/27/01 (am) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

22

OPPOSITION by defendant Hitchin Lucerne Inc to plf's exparte motion to continue hrg on dfts mot for summ jgm set for 7/16/01 [20-1]; decl of Michael A Kruppe (mrgo) (Entered: 06/28/2001)

June 21, 2001

June 21, 2001

24

STIPULATION and ORDER by Judge Robert J. Timlin ; mandatory status/scheduling conference taken off cal to be reset in the event that summ jgm is not granted on behalf of the dft. (am) (Entered: 07/03/2001)

June 29, 2001

June 29, 2001

25

OPPOSITION by plaintiff US EEOC to motion for summary judgment [18-1] (am) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

26

STATEMENT OF GENUINE ISSUES IN OPPOSITION by plaintiff US EEOC re motion for summary judgment [18-1] (am) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

27

OBJECTIONS filed by plaintiff US EEOC to evidence in suppt of its motion for summary judgment [18-1] (am) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

28

REPLY by defendant Hitchin Lucerne Inc to plf's opp dft's motion for summary judgment [18-1] (mrgo) (Entered: 08/17/2001)

Aug. 16, 2001

Aug. 16, 2001

30

STIPULATION and ORDER by Discovery Carla M. Woehrle Settlement conference cont to 3:00 11/14/01 (PSEND) (ir) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

31

STIPULATION and ORDER by Discovery Carla M. Woehrle that the settlement conference be continued until date & time to be set following summary jgm ruling, if necessary. Counsel to contact clerk. (bg) (Entered: 11/13/2001)

Nov. 9, 2001

Nov. 9, 2001

32

MINUTES: Order GRANT in part DENY in part defendant's motion for summary judgment [18-1]; 1) Hitchin's motion for summary judgment on the Title VII & ADEA age discrimination claims is denied; 2) Hitchin's motion for summary judgment on the Title VII gender discrimination claim is denied; 3) Hitchin's motion for summary judgment on the Title VII retaliation claim is granted by Judge Robert J. Timlin CR: n/a (see document for specifics) (mrgo) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

33

MINUTES: Order setting scheduling conference ; mandatory status/scheduling conf set for 9:00am on 8/18/03 by Judge Robert J. Timlin CR: n/a (mrgo) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

PLACED IN FILE - NOT USED Stipulation and Order Lodged 6/11/03 (seal) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

34

JOINT RULE 26 DISCOVERY PLAN filed; est length of trial 3-5 days (mrgo) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

35

MINUTES (IN CHAMBERS) Settlement conference held . Counsel are directed to contact the court to schedule further settlement proceedings in the event that it appears additional discussions could be productive by Magistrate Judge Carla M. Woehrle CR: N/A (rl) (Entered: 08/08/2003)

July 31, 2003

July 31, 2003

36

MINUTES: SCHEDULING CONFERENCE (TELEPHONIC): DISOVERY has been completed; LAW/MOTION CUT/OFF-NONE; PRE-TRIAL CONFERENCE is set for 4:30 10/17/03; JURY TRIAL is set for 8:30 10/28/03, EST: 5 Days by Judge Robert J. Timlin; CR: Phyllis Preston (ad) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

37

STIPULATION and ORDER by Judge Robert J. Timlin continuing the Pretrial Conference to 10:30am on 1/12/04; & the jury trial to 8:30am on 2/3/04 (mrgo) (Entered: 09/17/2003)

Sept. 10, 2003

Sept. 10, 2003

38

JOINT EXHIBIT List by plaintiff US EEOC, defendant Hitchin Lucerne Inc (ad) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

39

LIST OF TRIAL WITNESSES submitted by plaintiff US EEOC (ad) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

40

MEMO OF CONTENTIONS OF FACT and LAW by plaintiff US EEOC (ad) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

41

MEMO OF CONTENTIONS OF FACT and LAW by defendant Hitchin Lucerne Inc (ad) (Entered: 12/23/2003)

Dec. 19, 2003

Dec. 19, 2003

42

LIST OF TRIAL WITNESSES submitted by defendant Hitchin Lucerne Inc (ad) (Entered: 12/23/2003)

Dec. 19, 2003

Dec. 19, 2003

PLACED IN FILE - NOT USED re defendant's statement of uncontroverted facts and conclusions of law lodged 6/11/01 submitted by defendant Hitchin Lucerne Inc. (mrgo, ) (Entered: 01/09/2004)

Jan. 8, 2004

Jan. 8, 2004

PLACED IN FILE - NOT USED re proposed judgment lodged 6/11/01 submitted by defendant Hitchin Lucerne Inc. (mrgo, ) (Entered: 01/09/2004)

Jan. 8, 2004

Jan. 8, 2004

44

MINUTES: PRE-TRIAL CONFERENCE: Court signs the Pre-Trial Conference Order; If the Court is unable to commence the trial on 2/3/04, the case will Trail and the Court will give counsel 48 hours notice of when the Trial will start by Judge Robert J. Timlin; Court Reporter: Walter Ledge (ad, ) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

45

NOTICE OF MOTION AND MOTION IN LIMINE filed by defendant Hitchin Lucerne Inc to Bar irrelevant evidence regarding alleged retaliation and to bar documents, testimony and evidence eliminated by summary judgment (ad, ) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

46

OPPOSITION filed by defendant Hitchin Lucerne Inc to EEOC's MOTION IN LIMINE to Admit the EEOC's Letter of Determination [43] (ad, ) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

47

PRETRIAL CONFERENCE ORDER approved by Judge Robert J. Timlin: (see document for further details)(ad, ) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

48

MEMORANDUM in Opposition to MOTION IN LIMINE to Bar irrelevant evidence regarding alleged retaliation and documents, testimony and evidence eliminated by summary judgment[45] filed by Plaintiff U S Equal Employment Opportunity Commission. (am, ) (Entered: 01/26/2004)

Jan. 20, 2004

Jan. 20, 2004

49

TRIAL BRIEF filed by defendant Hitchin Lucerne Inc. (mrgo, ) (Entered: 01/26/2004)

Jan. 22, 2004

Jan. 22, 2004

50

TRIAL BRIEF filed by plaintiff U S Equal Employment Opportunity Commission. (mrgo, ) (Entered: 01/28/2004)

Jan. 23, 2004

Jan. 23, 2004

51

PROPOSED VOIR DIRE QUESTIONS filed by plaintiff U S Equal Employment Opportunity Commission. (mrgo, ) (Entered: 01/28/2004)

Jan. 23, 2004

Jan. 23, 2004

52

REPLY to defendant's opposition to its MOTION IN LIMINE to Bar irrelevant evidence regarding alleged retaliation and documents, testimony and evidence eliminated by summary judgment[45] filed by plaintiff U S Equal Employment Opportunity Commission. (mrgo, ) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

53

PROPOSED JOINT JURY INSTRUCTIONS and special verdict form filed by plaintiff U S Equal Employment Opportunity Commission. (mrgo, ) Modified on 1/28/2004 (mrgo, ). (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

54

ADDITIONAL PROPOSED JURY INSTRUCTIONS and special verdict form filed by defendant Hitchin Lucerne Inc. (mrgo, ) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

55

PROPOSED JURY INSTRUCTIONS filed by plaintiff U S Equal Employment Opportunity Commission. (mrgo, ) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

56

ADDENDUM filed by Plaintiff U S Equal Employment Opportunity Commission to Joint Exhibit List[38] (mrgo, ) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

57

OBJECTIONS filed by Plaintiff U S Equal Employment Opportunity Commission to Defendant's Proposed Jury Instructions [53], [54] (ad, ) (Entered: 02/04/2004)

Feb. 2, 2004

Feb. 2, 2004

58

MINUTES: ORDER VACATING TRAILING STATUS AND SETTING TRIAL DATE: Court vacates the trial trailing status; The Trial will commence on 2/17/2004 at 08:30 AM by Honorable Robert J. Timlin (ad, ) (Entered: 02/06/2004)

Feb. 5, 2004

Feb. 5, 2004

59

MINUTES: NOTICE OF CONTINUANCE OF TRIAL DATE: Please take notice that on the Court's own motion, the Jury Trial is continued to 4/27/2004 08:30 AM by Honorable Robert J. Timlin; Court Reporter: None Present (ad, ) (Entered: 02/12/2004)

Feb. 11, 2004

Feb. 11, 2004

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: April 14, 2000

Closing Date: 2004

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

Hitchen Lucerne, Inc., Private Entity/Person

Case Details

Causes of Action:

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

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: 9500

Order Duration: 2004 - 2005

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits