Case: EEOC v. Health Centers of Northern New Mexico

1:99-cv-01104 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 29, 1999

Closed Date: July 12, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the Phoenix District Office of the EEOC brought this lawsuit against Health Centers of Northern New Mexico in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant permitted sexual harassment of the complaining parties, female employees, leading to either their constructive or retaliatory discharge respectively. Follo…

In September 1999, the Phoenix District Office of the EEOC brought this lawsuit against Health Centers of Northern New Mexico in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant permitted sexual harassment of the complaining parties, female employees, leading to either their constructive or retaliatory discharge respectively. Following some discovery, the parties settled the dispute through a consent decree in July 2000.

The three-year decree, containing an anti-discrimination and anti-retaliation clause, required the defendant to: report discrimination or retaliation complaints to the EEOC, perform other compliance reporting, hold annual training sessions and keep records of the employees attending them, permit EEOC inspections, designate a supervisory or managerial employee in each region as investigative officers for sexual harassment issues, provide complainants with neutral references, post notice of employee rights, and pay $40,000 to be distributed among three individuals.

Summary Authors

David Friedman (10/30/2007)

Documents in the Clearinghouse

Document

1:99-cv-01104

Docket [PACER]

July 12, 2000

July 12, 2000

Docket
1

1:99-cv-01104

Complaint

Sept. 29, 1999

Sept. 29, 1999

Complaint
31

1:99-cv-01104

Memorandum Opinion and Order [Granting Plaintiff's Motion to Strike]

April 14, 2000

April 14, 2000

Order/Opinion
47

1:99-cv-01104

Order on Plaintiff's Motion to Compel

June 7, 2000

June 7, 2000

Order/Opinion
51

1:99-cv-01104

Consent Decree

July 12, 2000

July 12, 2000

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4953726/eeoc-v-health-centers/

Last updated April 11, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT-Title VII of Civil Rights Act of 1964 (1 Summons(es) issued) (vv) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

2

NOTICE of Refusal to Consent to Proceed before a US Magistrate Judge Lorenzo F. Garcia by pltf EEOC (ild) (Entered: 10/12/1999)

Oct. 7, 1999

Oct. 7, 1999

3

MINUTE ORDER: Case reassigned to Judge James A. Parker , and Case referred to Magistrate Judge Lorenzo F. Garcia (cc: all counsel) (ild) (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

4

RETURN OF SERVICE executed upon defendant Health Centers on 10/18/99 (sl) (Entered: 11/02/1999)

Nov. 2, 1999

Nov. 2, 1999

5

NOTICE by defendant of consent to proceed before a U.S. Magistrate Judge (sl) (Entered: 11/05/1999)

Nov. 5, 1999

Nov. 5, 1999

6

ANSWER by defendant [1-1] (sl) (Entered: 11/05/1999)

Nov. 5, 1999

Nov. 5, 1999

7

INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia ; Rule 16 scheduling conference set for 12/16/99 at 9:00 am; provisional discovery plan and IPTR due on 12/10/99 (cc: counsel*) (sl) (Entered: 11/09/1999)

Nov. 8, 1999

Nov. 8, 1999

8

UNOPPOSED MOTION for Extension by plaintiff to serve pltf's mtn to strike deft's affirmative defenses (jrm) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

9

ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's unopposed mtn for an extension of time until 12-15-99 in which to serve pltf's mtn to strike deft's affirmative defense [8-1] (cc: all counsel) (jrm) (Entered: 12/01/1999)

Nov. 30, 1999

Nov. 30, 1999

11

PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 12/14/1999)

Dec. 9, 1999

Dec. 9, 1999

10

CERTIFICATE of service by plaintiff of initial disclosure to counsel on 12/9/99 (sl) (Entered: 12/10/1999)

Dec. 10, 1999

Dec. 10, 1999

12

CLERK'S MINUTES: before Magistrate Judge Lorenzo F. Garcia ; Rule 16 scheduling conference held on 12/16/99 (sl) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

14

ORDER by Magistrate Judge Lorenzo F. Garcia assigning standard track and setting pretrial deadlines ; Discovery cutoff 5/16/00 ; Motion Filing cutoff 7/17/00 ; Pretrial order ddl 8/30/00 (cc: all counsel*) (sl) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

15

CERTIFICATE of service of initial disclosures by defendant to counsel on 12-23-99 (jrm) (Entered: 01/03/2000)

Jan. 3, 2000

Jan. 3, 2000

16

INITIAL PRE-TRIAL REPORT Judge James A. Parker and Magistrate Judge Lorenzo F. Garcia ; Discovery set for 5/16/00 ;mtn filing ddl set for 7/17/00 ; proposed pretrial order due 8/30/00 ; pretrial conference set for 9:00 am on 8/23/00; jury trial set for 8:30 am on 11/6/00 ; Estimated # of Trial Days: 5; (cc: all counsel w/notice of hearing attached) (sl) (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

17

SUPPLEMENT by plaintiff of the contentions in the initial pretrial report (sl) Modified on 01/12/2000 (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

18

CERTIFICATE of service by plaintiff of first supplemental initial disclosures to counsel on 1/5/00 (vv) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

19

SUBSTITUTION OF COUNSEL: terminating attorney Mary Jo O'Neill for EEOC and substituting attorney C Emanuel Smith (sl) Modified on 01/21/2000 (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

20

MOTION by plaintiff to strike deft's affirmative defense (sl) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

21

MEMORANDUM by plaintiff in support of motion to strike deft's affirmative defense [20-1] (sl) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

22

RESPONSE by defendant to pltf's motion to strike deft's affirmative defense [20-1] (sl) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

23

REPLY by plaintiff to deft's response to motion to strike deft's affirmative defense [20-1] (sl) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

24

CERTIFICATE of Service by plaintiff of first set of non-uniform interrogatories, first request for production of documents and first request for admissions, mailed to opposing counsel of record on 2/24/00 (bap) (Entered: 02/29/2000)

Feb. 25, 2000

Feb. 25, 2000

25

UNOPPOSED MOTION by plaintiff for order to establish deadline for designation of rebuttal expert (sl) (Entered: 03/16/2000)

March 16, 2000

March 16, 2000

26

ORDER by Magistrate Judge Lorenzo F. Garcia denying pltf's motion for order to establish deadline for designation of rebuttal expert [25-1] (cc: all counsel*) (sl) (Entered: 03/23/2000)

March 23, 2000

March 23, 2000

27

CERTIFICATE of service by defendant of responses to first request for admissions to counsel on 4/3/00 (vv) (Entered: 04/05/2000)

April 4, 2000

April 4, 2000

28

CERTIFICATE of service by defendant of first request for production of documents to counsel on 4/3/00 (vv) (Entered: 04/05/2000)

April 4, 2000

April 4, 2000

30

CERTIFICATE of service by plaintiff of third initial disclosures to counsel on 4/12/00 (vv) (Entered: 04/14/2000)

April 13, 2000

April 13, 2000

31

MEMORANDUM, OPINION, AND ORDER: by Judge James A. Parker granting pltf's motion to strike deft's affirmative defense [20-1] (cc: all counsel*) (sl)

April 14, 2000

April 14, 2000

RECAP
32

CERTIFICATE of Service by plaintiff of second set of non-uniform interrogatories, faxed to counsel of record on 4/14/00 (bap) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

33

CERTIFICATE of Service by defendant of objection to second set of non-uniform interrogatories, mailed to opposing counsel of record on 4/18/00 (bap) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

34

CERTIFICATE of service by plaintiff of fourth initial disclosures to counsel on 4/20/00 (vv) (Entered: 04/21/2000)

April 21, 2000

April 21, 2000

36

ORDER by Magistrate Judge Lorenzo F. Garcia setting settlement conference for 6/16/00 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

35

ORDER by Magistrate Judge Lorenzo F. Garcia upon parties telephonic request to extend discovery deadline ; Discovery cutoff 6/15/00 (cc: all counsel*) (sl) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

37

CERTIFICATE of Service by defendant of amended responses to first request for admissions, nos. 2,4,6 & 7, hand delivered to opposing counsel on 5/10/00 (bap) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

38

CERTIFICATE of service by plaintiff of third supplemental initial disclosures to counsel on 5/10/00 (vv) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

39

CERTIFICATE of service by plaintiff of fifth initial disclosures to counsel on 5/25/00 (vv) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

40

MOTION by plaintiff to compel responses to pltf EEOC's 1st set of non-uniform interrog(s) and 1st request for production of documents (jrm) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

41

MEMORANDUM by plaintiff in support of motion to compel responses to pltf EEOC's 1st set of non-uniform interrog(s) and 1st request for production of documents [40-1] (jrm) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

42

RESPONSE by defendant to motion to compel responses to pltf EEOC's 1st set of non-uniform interrog(s) and 1st request for production of documents [40-1] (jrm) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

43

SUPPLEMENTAL RESPONSE by defendant to motion to compel responses to pltf EEOC's 1st set of non-uniform interrog(s) and 1st request for production of documents [40-1] (jrm) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

45

CERTIFICATE of service by defendant of supplemental answers to interrogatory no.3, supplemental responses to request for production no.10 to counsel on 5/24/00 (vv) (Entered: 05/31/2000)

May 30, 2000

May 30, 2000

46

CERTIFICATE of service by plaintiff of sixth supplemental initial disclosures to counsel on 6/5/00 (vv) (Entered: 06/06/2000)

June 6, 2000

June 6, 2000

47

ORDER by Magistrate Judge Lorenzo F. Garcia granting in part and denying in part pltf's motion to compel responses to pltf EEOC's 1st set of non-uniform interrog(s) and 1st request for production of documents [40-1] (cc: all counsel*) (jrm) Modified on 06/07/2000 (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

48

CERTIFICATE of service by plaintiff of seventh supplemental initial disclosures to counsel on 6/14/00 (sl) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

49

DISCOVERY STIPULATION by parties (sl) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

50

ORDER by Magistrate Judge Lorenzo F. Garcia granting parties discovery stipulation [49-1] as described herein (cc: all counsel) (sl) (Entered: 06/16/2000)

June 16, 2000

June 16, 2000

SETTLEMENT CONFERENCE held before Magistrate Judge Lorenzo F Garcia; case has settled (jrm) (Entered: 06/19/2000)

June 16, 2000

June 16, 2000

51

CONSENT JUDGMENT by District Judge James A. Parker as described herein (see judgment for specifics) dismissing case (cc: all counsel) (sl) (Entered: 07/13/2000)

July 12, 2000

July 12, 2000

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: Sept. 29, 1999

Closing Date: July 12, 2000

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

Health Centers of Northern New Mexico (Anton Chico, New Mexico), 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

Amount Defendant Pays: 40000

Order Duration: 2000 - 2003

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits