Case: EEOC v. BANK ONE ARIZONA NA

2:01-cv-01853 | U.S. District Court for the District of Arizona

Filed Date: Sept. 28, 2001

Closed Date: May 3, 2002

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Case Summary

In September 2001, the EEOC district office in Phoenix, Arizona brought this action against Bank One Arizona in the U.S. District court for the District of Arizona. Although the complaint is not available, the EEOC litigation report states that a female alleged that the defendant violated Title VII of the Civil Rights Act of 1964 and the Aged Discrimination Act in Employment (ADEA). After the assignment of a magistrate judge and two settlement conferences, the case was settled and a consent decree was entered in May 2002.

In the consent decree, the parties agreed that the defendant would pay the aggrieved party $80,000, refrain from discriminating or retaliating on the basis of race or age, expunge the complainant's employee record of any mention of this litigation or charge of discrimination, issue neutral references, and issue a written apology to the complainant. No fees or costs were awarded. The terms of the agreement ran for two years.

Summary Authors

Joel Pettit (7/16/2007)

People


Judge(s)

Duncan, David K. (Arizona)

Judge(s)

Duncan, David K. (Arizona)

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Documents in the Clearinghouse

Document

2:01-cv-01853

Docket (PACER)

EEOC v. Bank One Arizona NA

June 5, 2002

June 5, 2002

Docket

Resources

Docket

Last updated March 20, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (SAT) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

2

RETURN OF SERVICE EXECUTED summons/complaint upon dft Bank One Arizona NA on 10/1/01 by leaving a copy with Dean Kontul, Senior VP, Telephone Banker, authorized to accept (Phx AZ) (former emp) (Entered: 10/09/2001)

Oct. 4, 2001

Oct. 4, 2001

3

ANSWER to complaint [1-1] by dft Bank One Arizona NA (CMM) (Entered: 10/26/2001)

Oct. 22, 2001

Oct. 22, 2001

4

MOTION to strike dft's affirmative defense paragraph 5 (contained within dft's answer) by pla EEOC [4-1] (LAD) (Entered: 11/07/2001)

Nov. 5, 2001

Nov. 5, 2001

5

STIPULATION to dismissal with prejudice of affirmative defense #5 contained in dft's answer by dft Bank One Arizona NA (former emp) Modified on 11/28/2001 (Entered: 11/27/2001)

Nov. 26, 2001

Nov. 26, 2001

7

MINUTE ORDER prel scheduling conf is reset IN TIME ONLY for 2:30PM, 2/11/02 (cc: all counsel) [7] (former emp) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

8

JOINT PROPOSED CASE MGT PLAN/REPORT; discovery cutoff 9/27/02; dispositive motions filing ddl is 11/27/02 (LAD) (Entered: 02/05/2002)

Jan. 31, 2002

Jan. 31, 2002

10

ATTORNEY APPEARANCE for dft Bank One Arizona NA by Lisa Marie Coulter (LAD) (Entered: 02/13/2002)

Feb. 8, 2002

Feb. 8, 2002

9

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M. SANCHEZ. Present: Michelle Marshall for pla; Heidi Richter and Lisa Coulter for dft. Prel scheduling conf held. Case mgtm plan reviewed; order to issue. IT IS ORDERED referring this matter to a Mag/Judge for the purpose of settlement conference. The Clerk by random lot draws and assigns Mag/Judge David K. Duncan; that court to set date and time. FURTHER ORDERED setting a status hearing for 3:30PM, 5/13/02. cc: all cnsl [9] (former emp) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 02/14/2002)

Feb. 12, 2002

Feb. 12, 2002

12

SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 9/27/02; dispositive motions due 11/27/02; parties shall exchange initial disclosures no later than 2/11/02; motions pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, motions to amend the complaint and motions to join additional parties shall be filed no later than 6/28/02; pla shall disclose its expert witnesses and reports no later than 7/29/02; dft shall disclose its expert witnesses and reports no later than 7/29/02; rebuttal experts if any shall be disclosed no later than 8/28/02; the Court will set a status hearing upon resolution of all dispositive motions or the passing of the dispositive motion deadline; the parties shall keep the Court informed regarding the possibility of settlement and should settlement be reached, the parties shall immediately file a notice of settlement with the Clerk of the Court (cc: all counsel) re: order (scheduling) [12-1] (LAD) (Entered: 02/14/2002)

Feb. 14, 2002

Feb. 14, 2002

13

ORDER by Magistrate Judge David K. Duncan ; settlement conference set for 10:00 4/2/02 , before Magistrate Judge David K. Duncan ; the parties shall exchange written correspondence regarding settlement; pla's demand shall be delivered to defense counsel, the insurers' and corporate representatives not less than 30 days before the settlement conference memoranda are due; dfts' responses to the demand shall be delivered to pla's counsel not less than 14 days before the settlement conference memoranda are due; all settlement conference memoranda are to be exchanged between counsel no later than 5 business days prior to the settlement conference; each party shall provide the Court with that party's settlement conference memorandum at least 5 business days before the settlement conference; the settlement conference memoranda shall NOT be filed with the Clerk; if the settlement conference is held, the Court will assume that the parties have agreed to separate meetings (caucuses) with the settlement judge; objection is filed not less than 3 business days before the settlement conference; counsel and any party, if unrepresented by counsel, shall notify the Court in writing at least 10 business days before the settlement conference if an attorney or unrepresented party believes that the settlement conference would be a futile act (cc: all counsel/MHM) (LAD) Modified on 02/15/2002 (Entered: 02/15/2002)

Feb. 15, 2002

Feb. 15, 2002

14

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Bank One Arizona NA (LAD) (Entered: 02/22/2002)

Feb. 19, 2002

Feb. 19, 2002

15

NOTICE of service of revised initial disclosure statement pursuant to FRCivP 26(a) by dft Bank One Arizona NA (former emp) (Entered: 02/28/2002)

Feb. 25, 2002

Feb. 25, 2002

16

STIPULATION AND MOTION (REQUEST) to extend time for pla EEOC to respond to Bank One's non-uniform interrogatories (1st set) and 1st request for production by pla EEOC, dft Bank One Arizona NA [16- 1] (LAD) (Entered: 03/20/2002)

March 18, 2002

March 18, 2002

17

MOTION to extend time for pla EEOC to respond to Bank One's non- uniform interrogatories (1st set) and to Bank One's 1st request for production by pla EEOC, dft Bank One Arizona NA [17-1] (LAD) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

18

ORDER by Judge Mary H. Murguia granting stipulation (not received in Docketing); the deadline for pla to respond to Bank One's non-uniform interrogatories (1st set) and Bank One's 1st request for production is extended to 3/25/02 (cc: all counsel) (received 3/25/02) re: order filed [18-1] (LAD) (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

19

NOTICE of service of discovery by pla. (SAT) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

20

MINUTE ENTRY before Magistrate Judge David K. Duncan; settlement conference held; settlement not reached; pursuant to and in agreement by both parties, further settlement conference set for 1:00 4/11/02 , before Magistrate Judge David K. Duncan ] [20-3] (LAD) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

21

MINUTE ENTRY before Magistrate Judge David K. Duncan . . ; settlement conference held ; case has settlement; parties to lodge a consent decree by 4/26/02; all pending deadlines will be vacated upon receipt of the consent decree [cc: all counsel/MHM] [21-2] (LAD) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

22

CONSENT JUDGMENT by Judge Mary H. Murguia : to dismiss case ; ORDERED AND ADJUDGED that Bank One and its officers, employees, successors, assigns and all persons in active concert or participation with it...are permanently enjoined for the duration of this decree from engaging in any employment practice which discriminates on the basis of age against persons 40 years of age and older or on the basis of race; Bank One and its officers, agents, employees, successors, assigns and all persons in active concert or participation with it...are permanently enjoined from retaliating against any employee because he or she: i) opposes or opposed discriminatory practices made unlawful by Title VII or the ADEA; ii) files or filed a charge of discrimination or iii) assists, assisted, participates or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation; withint 14 business days of the entry of this decree, Bank One shall make a payment in the amount of $80,000.00 in compensatory damages in resolution of all claims asserted in this case; the amount...shall be paid by Bank One in the form of a check to Sunseaah R Mason; Bank One shall expunge from the personnel file of Sunseaah R Mason all references to the charge of discrimination filed against Bank One that formed the basis of this action and any derogatory document which relates to complaints or investigation of complaints of race and/or age discrimination; in response to all future employment inquiries regarding Ms Mason, Bank One will provide nothing less than a neutral reference; Bank One shall provide Sunseaah R Mason a written apology; the parties shall each bear their own costs and the Commission and Bank One shall each bear their own attorneys' fees; the duration of this decree shall be 2 years from its entry; the Court shall retain jurisdiction over this action for the duration of the Degree (cc: all counsel/jgm drawer) (LAD) (Entered: 05/03/2002)

May 3, 2002

May 3, 2002

23

ERRATA by dft Bank One Arizona NA to judgment (consent) [22-2] (as to exhibit B) (LAD) (Entered: 06/07/2002)

June 5, 2002

June 5, 2002

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: May 3, 2002

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

Bank One Arizona, NA, 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

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: 80000

Order Duration: 2003 - 2005

Content of Injunction:

Apology

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Age discrimination

Race discrimination

EEOC-centric:

Direct Suit on Merits