Case: EEOC v. CHURCHILL DOWNS CALIFORNIA COMPANY (d/b/a HOLLYWOOD PARK RACETRACK)

2:03-cv-05544 | U.S. District Court for the Central District of California

Filed Date: Aug. 4, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's Los Angeles district office sued Churchill Downs California Company, d/b/a Hollywood Park Racetrack, on August 4, 2003 in the U.S. District Court for the Central District of California. The EEOC alleged that the defendant violated Title VII when it discriminated by retaliating against the complainant for participating in an EEOC investigation. The parties entered into a consent decree on September 2, 2004, which stipulated that the defendant would pay the complainant $60,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its managers and employees, revise and distribute its non-discrimination policy, provide for an EEO compliance official, maintain records of discrimination/retaliation, and report complaints of discrimination or retaliation to the EEOC semiannually.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is presumably now closed.

Summary Authors

Kevin Wilemon (7/23/2007)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

Document

2:03-cv-05544

Docket (PACER)

Equal Employment v. Churchill Downs Inc, et al

Sept. 3, 2004

Sept. 3, 2004

Docket
23

2:03-cv-05544

Consent Decree

EEOC v. Churchill Downs

Sept. 2, 2004

Sept. 2, 2004

Settlement Agreement

Resources

Docket

Last updated April 15, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Victor B. Kenton (rrey) (Entered: 08/06/2003)

Aug. 4, 2003

Aug. 4, 2003

2

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff Equal Employment (rrey) (Entered: 08/06/2003)

Aug. 4, 2003

Aug. 4, 2003

3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (rrey) (Entered: 08/06/2003)

Aug. 4, 2003

Aug. 4, 2003

4

WAIVER by defendant Churchill Downs CA filed by plaintiff (mg) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

5

NOTICE OF INTERESTED PARTIES filed by defendant Churchill Downs CA (mg) (Entered: 09/25/2003)

Sept. 24, 2003

Sept. 24, 2003

6

ANSWER filed by defendant Churchill Downs CA to complaint [1-1] (mg) (Entered: 09/25/2003)

Sept. 24, 2003

Sept. 24, 2003

7

ORDER RE: CONFERENCE by Judge Audrey B. Collins: 1) Pretrial conference pursuant to FRCP 16 and 26; and LR 26; 2) Motions & ex parte applications; Scheduling conference set for 12/8/03 at 10:00 (mg) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

8

NOTICE AND REQUEST Of Settlement Procedure Selection filed. Parties request to appear before Discovery Judge Victor B. Kenton for settlement proceedings . Order by Judge Audrey B. Collins granting settlement procedure selection request [8-1] (mg) (Entered: 11/20/2003)

Nov. 19, 2003

Nov. 19, 2003

9

ADR PILOT PROGRAM QUESTIONNAIRE filed by attorneys for plaintiffs & defendants. (mg) (Entered: 11/20/2003)

Nov. 19, 2003

Nov. 19, 2003

11

MINUTES: In Chambers: This Court will conduct the settlement conference in this case pursuant to the parties' request and the order of the District Judge approving that request. Within 20 days of the date of this Minute Order, the parties are ordered to confer regarding a proposed date for the settlement conference and shall then contact the Court's clerk, Roxanne Horan at 213-894-1831 to confirm a date by Discovery Victor B. Kenton CR: n/a (bg) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

12

CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: Scheduling conference held . The court orders the following dates: Cut-off date for filing motions to join other parties and amending the pleadings; discovery cut-off: 7/26/04; cut-off for motions to be filed: 8/9/04; Final Pretrial Conference: 8/18/04 at 10:00; jury trial set on 11/2/04 at 8:30 ; ADR to be completed no later than 4/30/04 (mg) (Entered: 12/08/2003)

Dec. 8, 2003

Dec. 8, 2003

13

MINUTES by Judge Audrey B. Collins: Scheduling conference held. The court sets the following dates: Add claims/parties cut-off: 5/3/04; Discovery cut-off: 7/30/04; Law & motion cut-off: 7/26/04; Final Pretrial Conference: 10/18/04 at 10:00 ; Jury trial: 11/2/04 at 8:30. Counsel shall submit their notice of settlement selection within 10 days. The alternate dispute resolution process must be completed no later than 4/30/04. CR: Emma Lestro (mg) (Entered: 12/11/2003)

Dec. 8, 2003

Dec. 8, 2003

14

STIPULATION AND ORDER by Judge Audrey B. Collins that defendant Churchill Downs California Company dba Hollywood Park shall have leave to file an Amended Answer to Complaint[6] in the form served on counsel on 2/20/04.(mg, ) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

15

FIRST AMENDED ANSWER to Complaint - (Discovery)[1] by Defendant Churchill Downs California Company. (mg, ) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

16

MINUTES (In Chambers) by Judge Audrey B. Collins: The court strikes the parties settlement procedure selection. This case has been assigned to the ADR Pilot Project. The parties are ordered to file the required ADR Questionnaire within 10 days of this order. Court Reporter: Not Reported. (mg, ) (Entered: 04/16/2004)

April 15, 2004

April 15, 2004

17

REPLY filed by Plaintiff Equal Employment Opportunity Commission to order to file ADR questionnaire 16 (jag, ) (Entered: 04/26/2004)

April 16, 2004

April 16, 2004

19

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Jeffrey I Abrams may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer.(shb, ) (Entered: 05/18/2004)

May 7, 2004

May 7, 2004

18

STIPULATION AND ORDER by Judge Audrey B. Collins extending the law and motion cut-off from 7/26/04 to 9/13/2004. The parties are ordered to stipulate to new Pretrial and Jury Trial dates if the matter does not settle. (mg, ) (Entered: 05/14/2004)

May 13, 2004

May 13, 2004

20

NOTICE of Settlement filed by defendant Churchill Downs California Company. (mg, ) (Entered: 08/19/2004)

Aug. 13, 2004

Aug. 13, 2004

21

ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT filed; Settlement Proceedings held on 5/26/04; Settlement Proceedings Outcome: the case has been completely settled.(mg, ) (Entered: 08/23/2004)

Aug. 19, 2004

Aug. 19, 2004

23

CONSENT DECREE by Judge Audrey B. Collins in favor of Equal Employment Opportunity Commission and against Churchill Downs California Company d/b/a Hollywood Park Race Track. Within ten business days after the Effective Date or ten business days after Hollywood Park received a IRS Form W-9 from Bob Pepvnik, whichever is later, Hollywood Park shall mail to Bob Pepevnkik a check in the amount of $60,000.00 as compensation for emotional distress. Hollywood Park agrees not to engage in retaliating against any current or former employee of Hollywood Park (see document for further details). Each party shall bear its own costs of suit and attorneys fees. This Consent Decree is hereby approved and entered. (Made JS-6. Case Terminated.)(mg, ) (Entered: 09/03/2004)

Sept. 2, 2004

Sept. 2, 2004

24

ORDER by Judge Audrey B. Collins re Lodgment of posting in connection with Consent Decree 23. The notice shall remain posted in a clearly visible location frequented by employees (e.g., breakrooms) at Hollywood Park Race Tracks facilities for three years from the date upon which the Court Signs this Notice. (mg, ) (Entered: 09/03/2004)

Sept. 2, 2004

Sept. 2, 2004

25

NOTICE OF DISMISSAL filed by plaintiff Equal Employment Opportunity Commission pursuant to FRCP 41a(1) as to defendant Churchill Downs Incorporated only. (mg, ) (Entered: 09/07/2004)

Sept. 3, 2004

Sept. 3, 2004

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 4, 2003

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

Does 1-10, Private Entity/Person

Churchill Downs California Company, 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: 60000

Order Duration: 2004 - 2007

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits