Case: EEOC v. AMERICAN SEAFOODS COMPANY

2:99-cv-01570 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 30, 1999

Closed Date: Nov. 30, 2002

Clearinghouse coding complete

Case Summary

The Seattle District Office of the EEOC brought this action in the U.S. District Court for the Western District of Washington, against American Seafoods Company. The complaint, filed in September 1999, alleged national origin discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected the charging parties to harassment and other discriminatory practices based on their national origin, Hispanic. In November 2000 the parties settled the case, …

The Seattle District Office of the EEOC brought this action in the U.S. District Court for the Western District of Washington, against American Seafoods Company. The complaint, filed in September 1999, alleged national origin discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected the charging parties to harassment and other discriminatory practices based on their national origin, Hispanic. In November 2000 the parties settled the case, and a consent decree was entered.

The decree, valid for two years, required Defendant to pay a total of $320,000 ($300,000 to the charging parties and $20,000 to a class of Hispanic workers), and expunge the charging parties employment records. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility, provide Title VII training to its employees, translate is Employee Handbook EEO provisions into multiple languages, amend its anti-discrimination policy, appoint a in house Consent Decree Administrator, and report regularly to the EEOC about its compliance with the decree.

Summary Authors

Shankar Viswanathan (7/27/2007)

Documents in the Clearinghouse

Document

2:99-cv-01570

Docket (PACER)

EEOC v. American Seafoods Company

Feb. 12, 2001

Feb. 12, 2001

Docket
33

2:99-cv-01570

Stipulation and Order Regarding Confidential Documents

EEOC v. American Seafoods Company

Aug. 28, 2000

Aug. 28, 2000

Order/Opinion
37

2:99-cv-01570

Consent Decree

EEOC v. American Seafoods Company

Nov. 30, 2000

Nov. 30, 2000

Settlement Agreement

Resources

Docket

Last updated April 19, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT JURY TRIAL DEMANDED (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 10/02/1999)

Sept. 30, 1999

Sept. 30, 1999

2

AFFIDAVIT OF SERVICE upon defendant American Seafoods Co of summons/complaint on 10/1/99 (SL) (Entered: 10/07/1999)

Oct. 5, 1999

Oct. 5, 1999

3

MOTION & MEMORANUM by intervenor-plaintiff applicants to intervene NOTED FOR 10/21/99 (SL) (Entered: 10/08/1999)

Oct. 6, 1999

Oct. 6, 1999

PROPOSED Complaint for Damages by Plaintiffs in Intervention & Praecipe requesting the court to not arrest the vessel (SL) (Entered: 10/08/1999)

Oct. 6, 1999

Oct. 6, 1999

4

ATTORNEY APPEARANCE for defendant American Seafoods Co by Jay H Zulauf, John H Chun (VK) (Entered: 10/12/1999)

Oct. 8, 1999

Oct. 8, 1999

5

RESPONSE by defendant American Seafoods Co to motion to intervene [3-1] (RS) (Entered: 10/22/1999)

Oct. 18, 1999

Oct. 18, 1999

6

ANSWER to complaint [1-1] by defendant American Seafoods Co (dktclk) (Entered: 10/25/1999)

Oct. 22, 1999

Oct. 22, 1999

7

ORDER by Judge Robert S. Lasnik GRANTING motion to intervene [3- 1] adding intervenor-plaintiff Juan Valdespino, Benjamin Valdespino, intervenor Mario Smith (cc: counsel, Judge) (VK) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

8

COMPLAINT: Intervention by intervenor-plaintiff Juan Valdespino, intervenor-plaintiff Benjamin Valdespino, intervenor Mario Smith (JURY DEMAND) (s/c issued) (VK) (Entered: 11/03/1999)

Nov. 1, 1999

Nov. 1, 1999

9

PRAECIPE: by intervenor-plaintiff Juan Valdespino, intervenor-plaintiff Benjamin Valdespino, intervenor Mario Smith re: summonses/complaint [8-1] issued (VK) (Entered: 11/03/1999)

Nov. 1, 1999

Nov. 1, 1999

10

RETURN OF SERVICE of summons and complaint executed upon defendant American Seafoods Co on 11/2/99 (VK) (Entered: 11/09/1999)

Nov. 4, 1999

Nov. 4, 1999

11

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 1/18/00 (cc: counsel, Judge) (MH) (Entered: 11/09/1999)

Nov. 9, 1999

Nov. 9, 1999

12

ANSWER to complaint in intervention [8-1] by defendant American Seafoods Co (SL) (Entered: 12/14/1999)

Dec. 8, 1999

Dec. 8, 1999

14

DECLARATION of Juan Valdespino by intervenor-plaintiff Juan Valdespino re motion for payment of maintenance and cure, prejgmt int and for atty fees [13-1] (KERR) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

15

DECLARATION of Reba Weiss by intervenor-plaintiff Juan Valdespino re motion for payment of maintenance and cure, prejgmt int and for atty fees [13-1] (KERR) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

LODGED ORDER: re: motion for payment of maintenance and cure, prejgmt int and for atty fees [13-1] (KERR) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

16

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 10. Jury trial. (CL) (Entered: 01/20/2000)

Jan. 18, 2000

Jan. 18, 2000

17

MINUTE ORDERSETTING TRIAL DATE AND RELATED DATES PURSUANT TO LR 16 by Judge Robert S. Lasnik: Deadline to Join Additional Parties is 2/17/00; discovery mtn filing ddl set for 9/4/00; discovery ddl set for 9/11/00; dispositive mtns ddl set for 10/9/00; 39.1 designation effective set for 11/24/00; pretrial order ddl set for 12/8/00; Motions in Limine deadline 12/8/00; trial brief ddl set for 1/3/01; Voir dire/jy inst set for 1/3/01; trial set for 1/8/01 (cc: counsel, Judge, GG) (VK) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

18

NOTICE by intervenor-plaintiffs of ASSOCIATION OF ATTORNEY David Nelson Bruce (VK) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

19

RESPONSE by defendant American Seafoods Co to Juan Valdespino's motion for payment of maintenance and cure, prejgmt int and for atty fees [13-1] (MH) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

20

DECLARATION of John H. Chun by defendant American Seafoods Co re: motion response [19-1] (MH) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

21

DECLARATION of Julie Howell by defendant American Seafoods Co re: motion response [19-1] (MH) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

LODGED ORDER: re: motion response [19-1] (MH) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

22

AFFIDAVIT OF SERVICE by defendant American Seafoods Co of motion response [19-1] etc (MH) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

23

WITHDRAWAL by intervenor-plaintiff Juan Valdespino of motion for payment of maintenance and cure, prejgmt int and for atty fees [13-1] (dktclk) (Entered: 02/07/2000)

Feb. 4, 2000

Feb. 4, 2000

LODGED ORDER: stipulation and order allowing leave to file amended answer (VK) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

24

STIPULATION and ORDER by Judge Robert S. Lasnik: deft may file an amended answer (cc: counsel, Judge) (VK) (Entered: 03/09/2000)

March 9, 2000

March 9, 2000

26

MOTION by defendant American Seafoods Co for order requiring that confidential information be filed under seal NOTED FOR 8/25/00 (VK) (Entered: 08/21/2000)

Aug. 10, 2000

Aug. 10, 2000

27

MEMORANDUM by defendant American Seafoods Co in support of motion for order requiring that confidential information be filed under seal [26-1] (VK) (Entered: 08/21/2000)

Aug. 10, 2000

Aug. 10, 2000

28

DECLARATION of John H. Chun by defendant American Seafoods Co re motion for order requiring that confidential information be filed under seal [26-1] (VK) (Entered: 08/21/2000)

Aug. 10, 2000

Aug. 10, 2000

LODGED ORDER: stipulation and order re confidential documents (VK) (Entered: 08/21/2000)

Aug. 21, 2000

Aug. 21, 2000

29

MEMO IN OPP/RESPONSE by intervenor-plaintiff to motion for order requiring that confidential information be filed under seal [26-1] (dktclk) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

30

DECLARATION of James Savitt by intervenor-plaintiff re: motion response [29-1] i(Admin. Recs placed on shelf by jury section) [FILED UNDER SEAL] (dktclk) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

LODGED ORDER: re: motion response [29-1] (dktclk) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

31

REPLY by defendant TO RESPONSE to motion for order requiring that confidential information be filed under seal [26-1] (RS) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

32

SUPPLEMENTAL DECLARATION of John Chun by defendant re: motion reply [31-1] (RS) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

33

STIPULATION PROTECTIVE ORDER by Judge Robert S. Lasnik re confidential deocuments (cc: counsel, Judge) (VK) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

LODGED ORDER: stipulation, joint motion, and proposed order re discovery schedule and mediation (VK) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

34

STIPULATION and ORDER by Judge Robert S. Lasnik: granting joint motion re discovery schedule and mediation; discovery modified to permit depos; Disclose Expert Witnesses by 10/13/00; mediation to be held 9/15/00 (cc: counsel, Judge, GG) (VK) (Entered: 09/12/2000)

Sept. 11, 2000

Sept. 11, 2000

35

ORDER by Judge Robert S. Lasnik GRANTING deft's motion for order requiring that confidential information be filed under seal [26-1] (cc: counsel, Judge) (VK) (Entered: 09/15/2000)

Sept. 14, 2000

Sept. 14, 2000

36

ORDER OF DISMISSAL by Judge Robert S. Lasnik : Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED without prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order (cc: counsel, Judge) (CL) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

37

CONSENT DECREE by Judge Robert S. Lasnik (cc: counsel, Judge, Jgm. Book) Entered on: 12/4/00 (VK) (Entered: 12/04/2000)

Nov. 30, 2000

Nov. 30, 2000

38

ORDER by Judge Robert S. Lasnik directing return of sealed documents (cc: counsel, Judge) (VK) (Entered: 02/13/2001)

Feb. 12, 2001

Feb. 12, 2001

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Nov. 30, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

American Seafoods Company, Private Entity/Person

Case Details

Causes of Action:

State law

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: 320000

Order Duration: 2000 - 2002

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian