Case: EEOC v. BARBER AUTO SALES

2:03-cv-00657 | U.S. District Court for the Eastern District of California

Filed Date: April 1, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In April 2003, the San Francisco District Office of the EEOC brought this suit against Barber Auto Sales, Inc. (d/b/a Barber Dealer Group and Barber Dodge aka Vallejo Dodge) and related businesses in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint; thus, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged discrimination on the basis of national origin, color, and religion. Sp…

In April 2003, the San Francisco District Office of the EEOC brought this suit against Barber Auto Sales, Inc. (d/b/a Barber Dealer Group and Barber Dodge aka Vallejo Dodge) and related businesses in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint; thus, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged discrimination on the basis of national origin, color, and religion. Specifically, the defendant subjected the five charging parties, Afghanistan employees who practiced Islam, to a hostile work environment because of their national origin, color, and religion. In addition, the defendant retaliated against the charging parties by terminating them after they complained of the discrimination. In June 2003, the charging parties intervened in the suit. After some scheduling orders, the parties settled in April 2004 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: obtain an independent consultant to enforce its anti-discrimination policies and the provisions of the decree, revise and distribute its anti-discrimination policies, develop a complaint procedure, provide Title VII training, and report to the EEOC at specified intervals. In addition, the defendant agreed to: expunge the charging parties' personnel files from all references to the charges of discrimination and pay $550,000.

In March of 2004 a stipulation was agreed to and entered by and between the intervenors and the defendant, dismissing the Amended Complaint in Intervention with prejudice. This stipulation additionally stated that each party would bear its own attorney fees and costs.

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

Summary Authors

Keri Livingston (6/28/2007)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

Document

2:03-cv-00657

Docket [PACER]

EEOC v. Barber Auto Sales, et al

April 1, 2004

April 1, 2004

Docket

2:03-cv-00657

Stipulation and Order for Dismissal

EEOC v. Barber Auto Sales, Inc.

March 3, 2004

March 3, 2004

Order/Opinion
35

2:03-cv-00657

Consent Decree

EEOC, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, Nastarn S Gonzalez, Khalil Asefi v. Barber Auto Sales , Inc.

April 1, 2004

April 1, 2004

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights; jury demand, fee status waived, assigned to Judge Garland E. Burrell; referred to Magistrate Judge Gregory G. Hollows (kdc) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

2

ORDER setting scheduling conference for 9:00 8/11/03 before Judge Garland E. Burrell (kdc) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

3

RETURN OF SERVICE executed upon defendant Barber Auto Sales on 4/7/03 (kdc) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

4

RETURN OF SERVICE executed upon defendant White Auto Sales on 4/28/03 (kdc) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

5

ANSWER by defendant Barber Auto Sales and defendant White Auto Sales to complaint [1−1] (daw) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

6

NOTICE OF MOTION and MOTION for order permitting to intervene by Khalil Asefi, Abdullah Qari, Adbul W. Hamidi, Mohammed F. Adalat and Nastarn S. Gonzalez; motion TO BE HEARD by Judge Garland E. Burrell; Motion Hearing SET For 9:00 6/16/03 (daw) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

7

MEMORANDUM OF POINTS AND AUTHORITIES by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez in SUPPORT of motion to intervene [6−1] (daw) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

8

DECLARATION of Bruce R. Bernstein in suppport of [7−1], [6−1] (daw) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

LODGED proposed order by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez granting intervention (daw) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

9

RESPONSE (non−opposition) by plaintiff EEOC to motion to intervene [6−1] (daw) Modified on 05/16/2003 (Entered: 05/16/2003)

May 15, 2003

May 15, 2003

10

ERRATA by counsel for intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez to [6−1] (daw) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

11

RESPONSE by defendants Barber Auto Sales and White Auto Sales to motion to intervene [6−1] (daw) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

12

ORDER by Judge Garland E. Burrell ORDERING motion to intervene is [6−1] GRANTED; The proposed complaint attached to the declaration of Attorney Bruce R. Bernstein in support of motion for permitting intervention, which is numbered document 8 on the docket, is deemed filed and served as of the date this order is filed (cc: all counsel) (mdp) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

13

COMPLAINT IN INTERVENTION by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat and Nastarn S Gonzalez; Jury trial demanded (mdp) Modified on 06/19/2003 (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

14

ANSWER by defendants to complaint in intervention [13−1] (alg) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

15

AMENDED ANSWER [14−1], [5−1] by defendants Barber Auto Sales and White Auto Sales (alg) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

16

JOINT STATUS REPORT (daw) (Entered: 07/25/2003)

July 24, 2003

July 24, 2003

17

INITIAL DISCOVERY DISCLOSURES by defendant Barber Auto Sales, defendant White Auto Sales regarding (kdc) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

LODGED amended complaint by intervenors (to include missing paragraphs from original complaint−in−intervention that was never filed with the court) (kdc) (Entered: 08/01/2003)

July 31, 2003

July 31, 2003

18

ORDER by Judge Garland E. Burrell ORDERING status conference RESET for 9:00 10/27/03 (cc: all counsel) (kdc) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

20

AMENDED COMPLAINT IN INTERVENTION; jury demand; deficiency sheet attached − no leave to file amended complaint (kdc) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

RESERVICE of DOCUMENT(S) [17−1] addressed to plaintiff EEOC, defendant Barber Auto Sales, defendant White Auto Sales, intervenor Khalil Asefi, intervenor Abdullah Qari, intervenor Abdul W Hamidi, intervenor Mohammed F Adalat, intervenor Nastarn S Gonzalez (kdc) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

21

ORDER by Judge Garland E. Burrell ORDERING amended complaint in intervention [20−1] STRICKEN for no leave of court (cc: all counsel) (kdc) (Entered: 08/06/2003)

Aug. 6, 2003

Aug. 6, 2003

22

MAIL returned [18−1], [18−2] addressed to intervenor Khalil Asefi's attorney, Robert Paul Stricker; document has been re−served (sk) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

23

MAIL returned [21−1] addressed to Robert Paul Stricker "not deliverable as addressed" (kdc) (Entered: 08/14/2003)

Aug. 13, 2003

Aug. 13, 2003

LODGED stipulation and order to allow amended complaint in intervention to be filed (ds) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

LODGED amended complaint in intervention by intervenors (ds) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

24

STIPULATION AND ORDER by Judge Garland E. Burrell ORDERING that intervenors request to file amd comp GRANTED; Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez to file their amended complaint in Intervention (cc: all counsel) (crf) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

25

INTERVENORS' AMENDED COMPLAINT by intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat, and Nastarn S Gonzalez; Jury Trial Demand (crf) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

26

NOTICE OF DISMISSAL as to party Dave Waldman by intervenors from their amended complaint filed 9/23/03 (daw) (Entered: 09/26/2003)

Sept. 25, 2003

Sept. 25, 2003

27

MAIL returned [24−1] addressed to counsel for intervenors Nastarn S Gonzalez, Mohammed F Adalat, Abdul W Hamidi, Abdullah Qari, and Khalil Asefi (crf) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

RESERVICE of DOCUMENT(S) Stip and order to allow amended complaint in intervention to be filed [24−1] addressed to counsel for intervenors (crf) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

28

ANSWER by defendant Mike Creeden to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

Oct. 9, 2003

Oct. 9, 2003

29

ANSWER by defendant Barber Auto Sales, defendant White Auto Sales to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

Oct. 9, 2003

Oct. 9, 2003

30

ANSWER by defendant Ron Barber to intervenors' amended complaint [25−1] (kdc) (Entered: 10/10/2003)

Oct. 9, 2003

Oct. 9, 2003

31

JOINT STATUS REPORT (daw) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

32

STATUS ORDER by Judge Garland E. Burrell ORDERING status conference vacated on 10/20/03; final pretrial conference set for 3:30 1/24/05; jury trial set for 9:00 4/19/05; motion filing ddl set for 9:00 11/22/04; discovery ddl set for 9/22/04 (cc: all counsel) (kdc) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

LODGED stip and order for dismissal by defendants Barber Auto Sales, White Auto Sales and intervenors Khalil Asefi, Abdullah Qari, Abdul W Hamidi, Mohammed F Adalat and Nastarn S Gonzalez (crf) (Entered: 03/04/2004)

March 3, 2004

March 3, 2004

34

ORDER by Judge Garland E. Burrell ORDERING stipulation and proposed order for dismissal GRANTED; CASE DISMISSED with prejudice pursuant to Rule 41(a); each party will bear its own costs and atty fees (cc: all counsel) (daw) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

LODGED consent decree (daw) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

35

CONSENT DECREE by Judge Garland E. Burrell ORDERING that parties consent decree is GRANTED; see order for further details (cc: all counsel) (crf) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 1, 2003

Closing Date: 2007

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: No

Class Action Outcome: Not sought

Defendants

Dave Waldman, Private Entity/Person

Mike Creeden, Private Entity/Person

Ron Barber, Private Entity/Person

White Auto Sales, Inc., Private Entity/Person

Barber Auto Sales, Inc., Private Entity/Person

Barber Auto Sales Incorporated, 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: 550000

Order Duration: 2004 - 2007

Content of Injunction:

Expungement of Employment Record

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

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern