Case: EEOC v. Granite Mill & Fixtures Company

2:04-cv-00923 | U.S. District Court for the District of Utah

Filed Date: Sept. 30, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2004 the U.S. Attorney's Office and Phoenix District Office of the EEOC filed this lawsuit against Granite Mill & Fixture Company in the U.S. District Court for the District of Utah, alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant failed to address harassing speech directed at the complainant based upon his national origin, Mexican. Following discovery and sev…

In September 2004 the U.S. Attorney's Office and Phoenix District Office of the EEOC filed this lawsuit against Granite Mill & Fixture Company in the U.S. District Court for the District of Utah, alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant failed to address harassing speech directed at the complainant based upon his national origin, Mexican. Following discovery and several postponements of the trial date, the parties settled the lawsuit in December 2006 through a consent decree.

The one-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: make compliance reports, keep records regarding training session attendance, allow the EEOC access for monitoring, develop its anti-discrimination policies, post notice of employee rights, provide biannual training, implement a complaint/dispute resolution process, promptly investigate all complaints regarding national origin discrimination or retaliation, and pay $18,000 to be distributed to the complainant.

The decree was entered in 2006 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Daisy Manning (3/13/2008)

Clearinghouse (12/27/2018)

Documents in the Clearinghouse

Document

2:04-cv-00923

Docket (PACER)

EEOC v. Granite Mill Fixture

Dec. 6, 2006

Dec. 6, 2006

Docket
1

2:04-cv-00923

Complaint

EEOC v. Granite Mill & Fixture Company

Sept. 30, 2004

Sept. 30, 2004

Complaint
46

2:04-cv-00923

Consent Decree

EEOC v. Granite Mill & Fixture Company

Dec. 6, 2006

Dec. 6, 2006

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge David Sam (kla) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

2

Motion and Order signed by Judge David Sam , 10/5/04 Granting motion/PHV for Attorney P. David Lopez, C. Emanuel Smith, Mary Jo O'Neill on behalf of plaintiff EEOC cc:attys (asp) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

3

Return of summons executed as to Granite Mill Fixture 10/6/04 Answer due on 10/26/04 for Granite Mill Fixture (asp) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

4

Answer to Complaint by Granite Mill Fixture (asp) (Entered: 11/03/2004)

Nov. 2, 2004

Nov. 2, 2004

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Granite Mill Fixture (asp) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

5

Certificate of election filed by defendant Granite Mill Fixture Refer to: mediation (asp) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

6

Certificate of election filed by plaintiff EEOC Refer to: mediation (kvs) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

7

Motion and Order signed by Judge David Sam , 12/29/04 Granting motion/PHV for Attorney Karen E. Nutter on behalf of plaintiff EEOC cc:attys (kvs) (Entered: 12/30/2004)

Dec. 29, 2004

Dec. 29, 2004

9

Scheduling order Setting ; Discovery cutoff 9/2/05 ;Joining of parties, amending of pleadings on 3/11/05 ; Deadline for filing of all motions 11/30/05 ; Final Pretrial Conference for 2:30 3/1/06 ; 4 Day Jury Trial for 8:30 3/13/06 ; Signed by Judge David Sam 1/12/05 cc:atty. (asp) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

10

Certificate of service by Granite Mill Fixture re: initial disclosures (asp) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

11

Certificate of service by EEOC re: initial disclosure statement (asp) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

12

Certificate of service by EEOC re: discovery requests (kvs) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

13

Certificate of service re: discovery by Granite Mill Fixture (blk) (Entered: 04/18/2005)

April 15, 2005

April 15, 2005

14

CERTIFICATE OF SERVICE re: first set of interrogatories and request for production of docs by Granite Mill & Fixture (kvs, ) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

15

CERTIFICATE OF SERVICE re: notice of amended video deposition of Ralph Ruiz by Granite Mill & Fixture (kvs, ) (Entered: 06/01/2005)

May 31, 2005

May 31, 2005

16

SUBSTITUTION OF COUNSEL Added attorney Scott Patrick Bates for Equal Employment Opportunity Commission. Attorney Karen E. Nutter; Mary Jo O'Neill; C. Emanuel Smith; Jan N. Allred and P. David Lopez terminated. (blk, ) (Entered: 06/07/2005)

June 3, 2005

June 3, 2005

17

CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 06/23/2005)

June 20, 2005

June 20, 2005

18

CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 07/08/2005)

July 5, 2005

July 5, 2005

19

CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 07/08/2005)

July 5, 2005

July 5, 2005

20

CERTIFICATE OF SERVICE re: notice of deposition continuance by Granite Mill & Fixture (blk, ) (Entered: 07/15/2005)

July 8, 2005

July 8, 2005

21

NOTICE of Clarification of Substitution of Counsel by Scott P. Bates (dkt. 16) by Equal Employment Opportunity Commission re 16 Substitution of Counsel (blk, ) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

22

Modification of Docket: Error: Terminated attys Mary Jo O'Neill, C. Emanuel Smith, and Karen E. Nutter as counsel for the EEOC. Correction: Reinstated previously referenced attorneys as counsel for the EEOC. re 21 Notice of Clarification of Substitution of Counsel. (blk, ) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

23

JOINT STIPULATION & MOTION for Extension of Time all dates remaining in the Attorney Planning Meeting Report by 90 days filed by Plaintiff Equal Employment Opportunity Commission, Defendant Granite Mill & Fixture. (blk, ) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

25

NOTICE of Service of Plaintiff EEOC's Second Supplemental Responses to Defendant's First Request for Production by Equal Employment Opportunity Commission (Nutter, Karen) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

26

NOTICE of Service of First Request for Admissions by Equal Employment Opportunity Commission (Nutter, Karen) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

27

STIPULATION & MOTION for Extension of Time by 90 days all dates in the Attorney Planning Meeting Report filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 10/27/2005)

Oct. 25, 2005

Oct. 25, 2005

28

ORDER granting 27 Motion for Extension of Time re: deadlines in Atty Planning Meeting Rpt. Signed by Judge David Sam on 10/26/05. (blk, ) (Entered: 10/28/2005)

Oct. 27, 2005

Oct. 27, 2005

Set Deadlines/Hearings: Per Order #28 resetting certain deadlines and hearings by 90 days. The following and other deadlines/hearings were reset: Discovery due by 3/1/2005. Motions due by 5/23/2006. Final Pretrial Conference set for 8/8/2006 02:30 PM in Room 420 before Judge David Sam. Jury Trial set for 8/22/2006 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

29

CERTIFICATE OF SERVICE re: discovery by Granite Mill & Fixture (blk, ) (Entered: 11/04/2005)

Nov. 2, 2005

Nov. 2, 2005

30

CERTIFICATE OF SERVICE re: Discovery by Granite Mill & Fixture (kla, ) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

31

SUBSTITUTION OF COUNSEL Carlie Christensen replacing Scott Patrick Bates as counsel on behalf of Equal Employment Opportunity Commission. (Christensen, Carlie) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

32

Proposed Witness & Exhibit List by Granite Mill & Fixture. (blk, ) (Entered: 02/03/2006)

Feb. 2, 2006

Feb. 2, 2006

33

Proposed Witness & Exhibit List by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

34

STIPULATION & JOINT MOTION for Extension of Time of discovery dates, motion filing date, final pretrial conference date, and trial date by 60 days filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 02/15/2006)

Feb. 14, 2006

Feb. 14, 2006

35

ORDER granting 34 Motion for Extension of Time regarding discovery and other deadlines & hearings . Signed by Judge David Sam on 2/22/06. (blk, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

Set/Reset Deadlines: , Discovery due by 5/1/2006. Motions due by 7/25/2006. (blk, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

Set/Reset Hearings: Final Pretrial Conference reset for 10/4/2006 02:30 PM in Room 420 before Judge David Sam. 4-day Jury Trial reset for 10/17/2006 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

37

MOTION/ORDER granting motion for Admission Pro Hac Vice for of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge David Sam on 4/4/06. (blk, ) (Entered: 04/05/2006)

April 4, 2006

April 4, 2006

38

Emergency MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 04/05/2006)

April 4, 2006

April 4, 2006

39

MEMORANDUM in Support re 38 Emergency MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 04/05/2006)

April 4, 2006

April 4, 2006

40

RESPONSE to Motion re 38 MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Nutter, Karen) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

41

MOTION to Withdraw as Attorney for the EEOC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C.) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

42

ORDER granting 41 Motion to Withdraw as Attorney. Attorney C. Emanuel Smith withdrawn from case . Signed by Judge David Sam on 4/6/06. (blk, ) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

43

Stipulated MOTION for Extension of Time to Complete Discovery by 90 days filed by Defendant Granite Mill & Fixture. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Extension of Time)(Nash, William) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

44

ORDER granting 43 Stipulated Motion for Extension of Time to Complete Discovery . Discovery due date is extended by 90 days (see order for specific dates). Dispositive Motions due: 10/23/06. Final Pretrial Conference set for 1/10/07 at 2:30 p.m. Trial is set for 1/23/07 at 8:30 a.m. Signed by Judge David Sam on 5/2/06. (blk, ) (Entered: 05/03/2006)

May 2, 2006

May 2, 2006

Set Deadlines/Hearings: Discovery due by 10/13/2006. Motions due by 10/23/2006. Final Pretrial Conference set for 1/10/2007 02:30 PM in Room 420 before Judge David Sam. Jury Trial set for 1/23/2007 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

45

ORDER RE: PREPARATION OF JURY INSTRUCTIONS, etc. Signed by Judge David Sam on 11/1/06 (alt) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

46

CONSENT JUDGMENT/DECREE. Case Closed.. Signed by Judge David Sam on 12/6/06. (blk, ) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: 2007

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

Granite Mill & Fixture Company (Salt Lake City, Utah), Private Entity/Person

Case Details

Causes of Action:

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

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: 18000

Order Duration: 2006 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian