Case: EEOC v. LARKEN, INC. OF ALBUQUERQUE dba RADISSON HOTEL

1:01-cv-00382 | U.S. District Court for the District of New Mexico

Filed Date: April 5, 2001

Closed Date: Nov. 14, 2001

Clearinghouse coding complete

Case Summary

The Albuquerque office of the EEOC brought this action in the U.S. District Court for the District of New Mexico, against Larken Inc. of Albuquerque, d/b/a Radisson Hotel. The complaint, filed in April 2001, alleged national origin and sex discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act (ADEA). Specifically, the charging party alleged that her employment was terminated because of her nationa…

The Albuquerque office of the EEOC brought this action in the U.S. District Court for the District of New Mexico, against Larken Inc. of Albuquerque, d/b/a Radisson Hotel. The complaint, filed in April 2001, alleged national origin and sex discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act (ADEA). Specifically, the charging party alleged that her employment was terminated because of her national origin (Hispanic), her sex (female) and her age (fifty-one).

In November 2001 the parties entered into a consent decree. The decree, valid for three years, required Defendant to pay the charging party a total of $70,000, post a notice of non-discrimination at its facility and provide anti-discrimination training to its employees. Defendant was enjoined from discrimination or retaliating in violation of Title VII or the ADEA and required to report regularly to the EEOC about its compliance with the decree.

Summary Authors

Shankar Viswanathan (7/28/2007)

Documents in the Clearinghouse

Document

1:01-cv-00382

Docket [PACER]

EEOC v. Larken, Inc, et al

Nov. 14, 2001

Nov. 14, 2001

Docket
1

1:01-cv-00382

Complaint

EEOC v. Larken, Inc. of Albuquerque and Larken, Inc., d/b/a Radisson Hotel

April 5, 2001

April 5, 2001

Complaint
31

1:01-cv-00382

Consent Decree

EEOC v. Larken Albuquerque Limited Partnership, Larken Albuquerque, Inc., Larken, Inc. of Albuquerque and Larken, Inc., d/b/a Radisson Hotel

Nov. 14, 2001

Nov. 14, 2001

Settlement Agreement

Resources

Docket

Last updated March 30, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT-Title VII of the Civil Rights Act of 1964 with jury demand (1 Summons(es) issued) (vv) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

LETTER to counsel re consent to proceed before a U S Magistrate Judge (vv) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

2

NOTICE by plaintiff of refusal to consent to proceed before a US Magistrate Judge (Garcia) (cc: intake) (jrm) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

3

MINUTE ORDER: Case reassigned to District Judge Bruce D. Black and Case referred to Magistrate Judge Lorenzo F. Garcia for discovery purposes (cc: all counsel) (jrm) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

4

RETURN OF SERVICE executed upon deft Larken, Inc. on 4/18/01 (vv) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

5

ANSWER by Larken, Inc, Larken, Inc. [1-1] (sl) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

6

INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference set for 6/15/01 @ 3:00 pm; provisional discovery plan and IPTR due 6/11/01 (cc: all counsel*) (jrm) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

7

NOTICE by defendants of refusal to consent to proceed before a US Magistrate Judge (Garcia) (jrm) (Entered: 05/24/2001)

May 24, 2001

May 24, 2001

9

CERTIFICATE of service of initial disclosures by plaintiff to counsel on 6/4/01 (jrm) (Entered: 06/05/2001)

June 5, 2001

June 5, 2001

10

CERTIFICATE of service by defts of initial disclosures to counsel on 6/4/01 (vv) (Entered: 06/05/2001)

June 5, 2001

June 5, 2001

11

ATTORNEYS' PROVISIONAL DISCOVERY PLAN (jrm) (Entered: 06/14/2001)

June 13, 2001

June 13, 2001

12

CLERK'S MINUTES: before Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference HELD (jrm) (Entered: 06/19/2001)

June 19, 2001

June 19, 2001

13

ORDER by Magistrate Judge Lorenzo F. Garcia adopting attorneys' provisional discovery plan filed 6/13/01; except as modified by IPTR [11-1] (cc: all counsel*) (jrm) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

14

ORDER by Magistrate Judge Lorenzo F. Garcia assigning standard track and setting pretrial deadlines Discovery cutoff 11/19/01 ; Motion Filing cutoff 1/21/02 ; Pretrial order ddl 3/07/02 (cc: all counsel*) (jrm) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

15

ORDER by Magistrate Judge Lorenzo F. Garcia setting Rule 16 settlement conference for 9/07/01 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) Modified on 06/29/2001 (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

16

CERTIFICATE of service by pltf of 1st supplemental initial disclosures to counsel on 6/26/01 (vv) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

17

NOTICE of hearing before District Judge Bruce D Black Jury selection/trial set for 4/01/02 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

18

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lorenzo F. Garcia ; Discovery set for 11/19/01 ; mtn filing ddl set for 1/21/02 ; proposed pretrial order due 3/7/02 ; pretrial conference set for 8:30 am on 3/18/02 ; jury trial set for 9:00 am on 4/1/02 ; Estimated # of Trial Days: 5; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 07/03/2001)

July 3, 2001

July 3, 2001

19

CERTIFICATE of service by pltf of 1st set of non-uniform interrogatories to counsel on 7/27/01 (vv) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

20

CERTIFICATE of service by pltf of 1st request for production of documents to counsel on 7/27/01 (vv) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

21

CERTIFICATE of service by defts of 1st set of interrogatories, 1st request for production of documents to counsel on 8/3/01 (vv) (Entered: 08/06/2001)

Aug. 3, 2001

Aug. 3, 2001

22

CERTIFICATE of service of objections and answers to 1st set of non-uniform interrog(s) and objections and responses to 1st request for production by defendants to counsel on 8/27/01 (jrm) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

SETTLEMENT CONFERENCE held before Magistrate Judge Lorenzo F Garcia; case not settled (jrm) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

24

UNOPPOSED MOTION by plaintiff to extend the deadline for identification of experts and expert reports (jrm) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

25

ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion to extend the deadline for identification of experts and expert reports as described herein [24-1] (cc: all counsel) (jrm) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

26

CERTIFICATE by plaintiff of service of disclosure of expert witness to counsel on 9/26/01 (eg) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

27

JOINT MOTION by parties to extend time to serve mtns to compel (time not specified) (jrm) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

28

ORDER by Magistrate Judge Lorenzo F. Garcia granting the parties joint motion to extend time to serve mtns to compel [27-1]; pltf has until 10/19/01, defts until 10/27/01 (cc: all counsel) (jrm) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

29

STIPULATED MOTION for order asserting jurisdiction over Larken Albuquerque Limited Partnership and Larken Albuquerque, Inc (jrm) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

30

ORDER by District Judge Bruce D. Black granting the parties stipulated motion for order asserting jurisdiction over Larken Albuquerque Limited Partnership and Larken Albuquerque, Inc [29-1] (cc: all counsel) (jrm) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

31

(ORDER) CONSENT DECREE by District Judge Bruce D. Black as described herein dismissing case (cc: all counsel) (jrm) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2001

Closing Date: Nov. 14, 2001

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

Larken of Albuquerque, 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

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: 70000

Order Duration: 2001 - 2004

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

National origin discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian