Case: EEOC v. CUNDY ASPHALT PAVING CONSTRUCTION INC

2:01-cv-00044 | U.S. District Court for the District of Wyoming

Filed Date: March 15, 2001

Closed Date: Sept. 18, 2004

Clearinghouse coding complete

Case Summary

In March 2001, the EEOC district office in Denver, Colorado brought this suit against Cundy Asphalt Paving Construction, Inc., a general paving firm, in the U.S. District Court for the District of Wyoming. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by firing an employee who became pregnant and was therefore temporarily unable to do any heavy lifting.

The parties settled the case and a consent decree was entered in September 2001. The defendant agreed to pay the aggrieved woman $25,000, refrain from retaliating and discriminating based on sex, post an EEO notice, adopt a new gender/pregnancy discrimination policy (if needed), post and distribute the potentially new policy, issue neutral references, provide EEO training, and submit semiannual complaint reports to the EEOC. No fees or costs were awarded. The terms of the agreement ran for three years.

Summary Authors

Jason Chester (8/1/2007)

Documents in the Clearinghouse

Document

2:01-cv-00044

Docket (PACER)

EEOC v. Cundy Asphalt Constr

Sept. 18, 2001

Sept. 18, 2001

Docket
1

2:01-cv-00044

Complaint

EEOC v. Cundy Asphalt Paving Construction Inc

March 15, 2001

March 15, 2001

Complaint
19

2:01-cv-00044

Order Ruling on Plaintiff EEOC's Motion to Compel Discovery, Including Statement of Defendant's Position

EEOC v. Cundy Asphalt Paving Construction Inc

July 31, 2001

July 31, 2001

Order/Opinion
21

2:01-cv-00044

Consent Decree

EEOC v. Cundy Asphalt Paving Construction Inc

Sept. 18, 2001

Sept. 18, 2001

Settlement Agreement

Resources

Docket

Last updated March 21, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (summons(es) issued); jury demand (dn) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

2

NOTIFICATION OF COMPLEXITY OF CASE by plaintiff; the case is non-complex (dn) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

3

MOTION by plaintiff for attorney Nelson G Alston to appear pro hac vice referred to Magistrate Judge William C. Beaman (dn) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

4

MOTION by plaintiff for attorney Rita Byrnes Kittle to appear pro hac vice referred to Magistrate Judge William C. Beaman (dn) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

5

ORDER by Magistrate Judge William C. Beaman granting motion for attorney Nelson G Alston to appear pro hac vice [3-1] (cc: all counsel 3/16/01) (dn) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

6

ORDER by Magistrate Judge William C. Beaman granting motion for attorney Rita Byrnes Kittle to appear pro hac vice [4-1] (cc: all counsel 3/16/01) (dn) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

7

RETURN OF SERVICE executed upon defendant Cundy Asphalt Constr on 3/19/01 (dn) (Entered: 03/27/2001)

March 27, 2001

March 27, 2001

8

ANSWER by defendant to complaint [1-1] (dktclerk) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

9

NOTICE: initial pretrial conference set on 5/9/01 at 10:00am in Cheyenne before Magistrate Judge William C. Beaman (cc: all counsel 4/9/01) (dn) (Entered: 04/06/2001)

April 6, 2001

April 6, 2001

10

RESPONSE by WY Contractor's Assn to defendant's subpoena duces tecum (jlg) (Entered: 04/16/2001)

April 13, 2001

April 13, 2001

11

NOTICE: initial pretrial conference re-set to 5/8/01 at 10:00am in Cheyenne before Magistrate Judge William C. Beaman (cc: all counsel by fax 5/4/01) (dn) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

INITIAL PRETRIAL conference held (jg) (Entered: 05/15/2001)

May 8, 2001

May 8, 2001

12

INITIAL PRETRIAL CONFERENCE ORDER by Honorable William C Beaman motion filing deadline is 8/31/01 ; dispositive motion hearing set on 9/17/01 at 1:30pm in Casper ; plaintiff designation is 7/13/01 ; defendant designation ddl is 8/13/01 ; discovery deadline is 8/31/01 ; stipulation deadline is 9/10/01 ; final pretrial conference set on 10/22/01 at 8:30am in Casper ; jury trial set on 11/5/01 at 9:30am in Casper (#4/4 days) (cc: all counsel 5/31/01) (dn) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

14

UNOPPOSED MOTION by EEOC to amend order on initial pretrial conference referred to Magistrate Judge William C. Beaman (dn) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

15

DESIGNATION of treating physician witness by EEOC (dn) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

16

ORDER by Magistrate Judge William C. Beaman granting motion to amend order on initial pretrial conference [14-1] plaintiff designation ddl extended to 8/20/01 ; defendant designation ddl extended to 9/20/01; deadline to conduct expert depositions is 10/12/01 (cc: all counsel 7/17/01) (dn) (Entered: 07/17/2001)

July 16, 2001

July 16, 2001

17

MINUTE ORDER by Chief Judge William F. Downes granting motion to reset hearing on motion for summary judgment [13-1] ; dispositive motion hearing reset for 10/03/01 at 10:30 am (counsel mld 07/17/01) (dd) (Entered: 07/17/2001)

July 17, 2001

July 17, 2001

18

MOTION by plaintiff to compel discovery referred to Magistrate Judge William C. Beaman (dn) (Entered: 07/25/2001)

July 25, 2001

July 25, 2001

19

ORDER by Magistrate Judge William C. Beaman granting in part and denied in part motion to compel discovery [18-1] (cc: all counsel mld 7/31/01) (dktclerk) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

20

JOINT MOTION by plaintiff and defendant for dismissal with prejudice subject to consent decree (jc) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

21

CONSENT JUDGMENT by Chief Judge William F. Downes dismissing case; each party shall be responsible for and shall pay its own costs and attorneys fees (cc: all counsel mld 09/19/01) (dd) (Entered: 09/19/2001)

Sept. 18, 2001

Sept. 18, 2001

Docket Modification (Utility Event) terminating party WY Contractor's Assn (jg) (Entered: 04/16/2002)

Sept. 18, 2001

Sept. 18, 2001

Case Details

State / Territory: Wyoming

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 2001

Closing Date: Sept. 18, 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

Cundy Asphalt Paving Construction, Inc., 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: 25000

Order Duration: 2001 - 2004

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits