Case: EEOC v. Pinnacle Nissan, Inc.

2:00-cv-01872 | U.S. District Court for the District of Arizona

Filed Date: Sept. 29, 2000

Closed Date: Feb. 21, 2005

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this lawsuit against Pinnacle Nissan, Inc. in the U.S. District Court for the District of Arizona. The EEOC alleged that defendant, a car dealership, subjected employees to a hostile working environment based upon their national origin (Middle-Eastern and Hispanic) and religion (Jewish) and retaliated against those employees who opposed discrimination in violation of Title VII. The three charging parties, former employees of the defendant, interv…

The Phoenix District Office of the EEOC brought this lawsuit against Pinnacle Nissan, Inc. in the U.S. District Court for the District of Arizona. The EEOC alleged that defendant, a car dealership, subjected employees to a hostile working environment based upon their national origin (Middle-Eastern and Hispanic) and religion (Jewish) and retaliated against those employees who opposed discrimination in violation of Title VII. The three charging parties, former employees of the defendant, intervened in the suit in December 2000, also representing a class of four other former employees of similar circumstance. Following extensive discovery, multiple partial summary judgment motions, and an interlocutory appeal by the defendant to the Ninth Circuit that was stayed through much of the lawsuit, the case was resolved through a consent decree in 2003.

This decree has a duration of two years, contains a non-discrimination and non-retaliation clause, and required the defendant to: evaluate managerial personnel on their performance in responding to employee discrimination complaints, hire an Ombudsperson to review its anti-discrimination policies, establish a diversity awareness program, investigate complaints of discrimination, and pay $521,000 to be distributed to seven complainants and their counsel, including attorneys fees and costs.

Additionally, this decree required employee training, in the form of live and videotaped seminars to occur once a year, for two years. Each session was to be no less than three hours, and was to include 30 minutes for questions and answers.

Summary Authors

Keri Livingston (10/5/2007)

People


Judge(s)

Duncan, David K. (Arizona)

Judge(s)

Duncan, David K. (Arizona)

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Documents in the Clearinghouse

Document

2:00-cv-01872

Docket (PACER)

EEOC v. Pinnacle Nissan Inc

May 6, 2003

May 6, 2003

Docket
1

2:00-cv-01872

Complaint

Sept. 29, 2000

Sept. 29, 2000

Complaint
18

2:00-cv-01872

Complaint in Intervention

Sam Darmo v. Pinnacle Nissan

Dec. 14, 2000

Dec. 14, 2000

Complaint

EEOC Press Release: "EEOC and Pinnacle Nissan Settle National Origin and Religious Harassment Lawsuit"

No Court

Feb. 19, 2003

Feb. 19, 2003

Press Release
471

2:00-cv-01872

Consent Decree

EEOC v. Pinnacle Nissan

Feb. 21, 2003

Feb. 21, 2003

Settlement Agreement

EEOC Litigation Settlement Report (February 2003)

No Court

April 21, 2003

April 21, 2003

Press Release

Resources

Docket

Last updated March 20, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

Clearinghouse
2

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Pinnacle Nissan Inc on 9/29/00 (MAP) (Entered: 10/06/2000)

Oct. 5, 2000

Oct. 5, 2000

3

MOTION to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn (complaint in intervention attached as exhibit A) [3-1] (former emp) Modified on 11/07/2000 (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

4

ANSWER by dft Pinnacle Nissan Inc (MAP) (Entered: 10/25/2000)

Oct. 23, 2000

Oct. 23, 2000

5

ORDERED that pla EEOC show cause for failure to comply with Local Rule 1.2(e); show cause hearing set for 1:30 11/20/00 for EEOC before Judge Stephen M. McNamee (cc: counsel/AL) (MAP) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

6

ORDERED that intervenor Samuel Darmo, intervenor Amer Darmo show cause for failure to comply with Local Rule 1.2(e); show cause hearing set for 1:30 11/20/00 for Amer Darmo, for Samuel Darmo before Judge Stephen M. McNamee (cc: all counsel/AL) (MAP) (Entered: 11/01/2000)

Nov. 1, 2000

Nov. 1, 2000

7

ORDER by Mag Judge Lawrence O. Anderson re procedures as it relates to General Order (Local Rule 1.2(e)) (cc: all counsel) re: order [7-1] (MAP) (Entered: 11/02/2000)

Nov. 2, 2000

Nov. 2, 2000

8

Party agrees to mag judge jurisdiction ; show cause hearing ddl satisfied 11/3/00 (MAP) (Entered: 11/07/2000)

Nov. 3, 2000

Nov. 3, 2000

9

NOTICE OF ERRATA by intervenors (all) to Motion to Intervene [3-1] (MAP) (Entered: 11/07/2000)

Nov. 3, 2000

Nov. 3, 2000

10

Party agrees to mag judge jurisdiction ; show cause hearing ddl satisfied 11/6/00 (MAP) (Entered: 11/07/2000)

Nov. 6, 2000

Nov. 6, 2000

12

Party elects assignment of case to district judge ; mag election form ddl satisfied 11/15/00 ; show cause hearing ddl satisfied 11/15/00 (MAP) (Entered: 11/16/2000)

Nov. 15, 2000

Nov. 15, 2000

13

MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver All further pleadings should now list the following COMPLETE case number: CIV-00-1872-PHX-ROS FURTHER ORDERED that the Order to Show Cause hearing scheduled for 12/4/00 is hereby vacated (cc: all counsel/LOA/ROS) [13-2] (MAP) (Entered: 11/16/2000)

Nov. 16, 2000

Nov. 16, 2000

14

(RESPONSE) NOTICE OF NON OPPOSITION by dft Pinnacle Nissan Inc to motion to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn (complaint in intervention attached as exhibit A) [3-1] (former emp) (Entered: 11/28/2000)

Nov. 22, 2000

Nov. 22, 2000

15

NOTICE by pla EEOC of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/05/2000)

Nov. 29, 2000

Nov. 29, 2000

16

ORDER SETTING SCHEDULING CONFERENCE by Judge Roslyn O. Silver prel scheduling conf set for 9:00 1/26/01 (cc: all counsel) (MAP) (Entered: 12/08/2000)

Dec. 8, 2000

Dec. 8, 2000

17

ORDER by Judge Roslyn O. Silver granting motion to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn [3-1]; Clerk of the Court file the applicants' complaint attached to their motion to intervene, so the complaint may be served upon defendant (cc: all counsel) (former emp) (Entered: 12/13/2000)

Dec. 13, 2000

Dec. 13, 2000

18

COMPLAINT IN INTERVENTION FILED (former emp) (Entered: 12/14/2000)

Dec. 14, 2000

Dec. 14, 2000

Clearinghouse
19

ANSWER to complaint in intervention by dft Pinnacle Nissan Inc (former emp) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

20

MOTION to dismiss case by dft Pinnacle Nissan Inc [20-1] , or in the alternative for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2] , to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

21

DECLARATION by dft Pinnacle Nissan Inc re motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] [20-3] (former emp) (Entered: 01/12/2001)

Jan. 12, 2001

Jan. 12, 2001

22

JOINT PROPOSED CASE MANAGEMENT PLAN: joint pretrial order deadline shall be completed 45 days after resolution of discovery; Discovery cutoff 12/21/01 Motion filing ddl is 45 days after the close of discovery (former emp) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

24

NOTICE by pla EEOC of service of pla EEOC's first set of non-uniform interrogatories, first request for production of documents, and first request for admissions to dft (former emp) (Entered: 01/23/2001)

Jan. 19, 2001

Jan. 19, 2001

25

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

26

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc (former emp) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

27

NOTICE by dft Pinnacle Nissan Inc of service of request for production of documents and tangible things to intervenors (former emp) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

28

RESPONSE by intervenor-plaintiff, intervenor-defendant to motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2], motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

30

MINUTE ENTRY before Judge Roslyn O. Silver Crt Rptr: Gary Moll Appearances: P. David Lopez and Sally Shanley for pla EEOC. Stephen Montoya for intpla Darmo. Lonnie Williams for intpla Pinnacle Nissan. Preliminary scheduling conference held: Rule 16 hearing agenda reviewed. The Court will allow additional discovery of pla on an expedited basis. Any additional parties are to be resolved by 4/21/01. Pla's amended complaint is due 3/8/01. Counsel are to submit a Rule 16 Order by 2/9/01. [cc: CD] [30-1] re: minute entry [30-1] (former emp) (Entered: 01/30/2001)

Jan. 26, 2001

Jan. 26, 2001

29

The Court has ORDERED that effective February 1, 2001, the above captioned matter is reassigned to Judge Mary H. Murguia for all further proceedings. Any hearing, conference, or trial scheduled on or after 2/1/2001 in this action is vacated and will be reset by the Court. Counsel are to file a Joint Status Report in accordance with the attached order by 2/22/2001. All further pleadings and papers filed in this action should bear the complete case number and judge's initials, as shown above. (cc: all counsel), PREL SCHEDULING CONF VACATED; [29-1] (MAP) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

31

MOTION (stipulation) to extend time for dft to 2/5/01 to file reply in support of its motion to dismiss by dft, pla [31-1] (DMT) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

32

REPLY by dft Pinnacle Nissan Inc to response to motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2], motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (LAD) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

33

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 02/12/2001)

Feb. 12, 2001

Feb. 12, 2001

34

MOTION for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 02/13/2001)

Feb. 12, 2001

Feb. 12, 2001

36

CITATION OF SUPPLEMENTAL authorities in support of their response in opposition to dft's motion for judgment on the pleadings regarding the statute of limitations by intervenor-plaintiffs to [28-1] (former emp) (Entered: 02/15/2001)

Feb. 14, 2001

Feb. 14, 2001

37

MOTION to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 02/15/2001)

Feb. 14, 2001

Feb. 14, 2001

38

NOTICE by pla EEOC of service of pla EEOC's response to dft;s first request for production of documents (former emp) (Entered: 02/21/2001)

Feb. 20, 2001

Feb. 20, 2001

89

JOINT STATUS REPORT (former emp) (Entered: 05/01/2001)

Feb. 22, 2001

Feb. 22, 2001

39

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Amer Darmo on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

40

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF EEOC on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

41

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Samuel Einhorn on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

42

RESPONSE by dft Pinnacle Nissan Inc to motion to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

43

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Sam Darmo on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

44

STIPULATION by all parties that Pinnacle Nissan may have an extension of time (one week) to file a response to pla's EEOC's motion to amend complaint (former emp) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

45

REPLY by intervenor-plaintiff in support of motion to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 03/05/2001)

March 1, 2001

March 1, 2001

46

RESPONSE by dft Pinnacle Nissan Inc to intervenors' improper sur reply [45-1] (former emp) (Entered: 03/05/2001)

March 1, 2001

March 1, 2001

47

ORDER by Judge Mary H. Murguia: granting stipulation; granting Pinnacle Nissan an extension to file its response to pla's motion to amend on 3/6/01 (cc: all counsel) (former emp) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

48

MOTION for pro hac vice by Laura M Franze for dft Pinnacle Nissan Inc [48-1] (former emp) (Entered: 03/07/2001)

March 6, 2001

March 6, 2001

49

MOTION for pro hac vice by Stephanie Osteen for dft Pinnacle Nissan Inc [49-1] (former emp) (Entered: 03/07/2001)

March 6, 2001

March 6, 2001

50

MOTION for pro hac vice by Michael B Burns for dft Pinnacle Nissan Inc [50-1] (former emp) (Entered: 03/07/2001)

March 6, 2001

March 6, 2001

55

MOTION for pro hac vice by Laura Franze for dft Pinnacle Nissan Inc [55-1] (former emp) Modified on 04/24/2001 (Entered: 03/12/2001)

March 6, 2001

March 6, 2001

52

JOINDER in pla EEOC's motion to amend the complaint by intervenor-plaintiffs, [34-1] (former emp) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

53

ORDER by Judge Mary H. Murguia granting motion for pro hac vice by Laura M Franze for dft Pinnacle Nissan Inc [48-1] (cc: all counsel) (former emp) (Entered: 03/12/2001)

March 12, 2001

March 12, 2001

54

ORDER by Judge Mary H. Murguia granting motion for pro hac vice by Michael B Burns for dft Pinnacle Nissan Inc [50-1] (cc: all counsel) (former emp) (Entered: 03/12/2001)

March 12, 2001

March 12, 2001

56

ORDER by Judge Mary H. Murguia: granting motion for pro hac vice by Stephanie Osteen for dft Pinnacle Nissan Inc [49-1] (cc: all counsel) (former emp) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

57

TRANSCRIPT of scheduling conference by Court Reporter: GMoll for the following date(s): 1/26/01 (former emp) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

58

MOTION to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

59

STIPULATION and request by all parties to extend time until 3/23/01 for pla EEOC to file a reply to dft's response to pla's motion to amend complaint (former emp) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

60

ORDER by Judge Mary H. Murguia: granting stipulation; the deadline for pla EEOC's reply to dft's response to pla's motion to amend complaint is extended to 3/23/01 (cc: all counsel) (former emp) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

61

NOTICE by pla EEOC of service of pla's EEOC's second set of non-uniform interrogatories and second request for production of documents to dft (former emp) (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

62

MINUTE ORDER status hearing is set for 11:00AM, Wednesday, 4/4/01 (cc: all counsel) [62] (former emp) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

63

MINUTE ORDER setting motion to dismiss case [20-1], motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981 [20-2] and motion to compel arbitration of intervenors' claims by dft Nissan Inc [20-3] at 2:00PM, 5/25/01 (cc: all counsel) [63] (former emp) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

64

REPLY by pla EEOC to response to motion for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

65

MOTION to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1] , request for expedited relief (re: depositions) by dft Pinnacle Nissan Inc [65-2] , for interim relief (re depositions) by dft Pinnacle Nissan Inc [65-3] (former emp) Modified on 04/24/2001 (Entered: 03/27/2001)

March 26, 2001

March 26, 2001

67

RESPONSE by intervenor-plaintiff to motion to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

68

RESPONSE by intervenor-plaintiff to motion to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1] (former emp) (Entered: 04/03/2001)

March 30, 2001

March 30, 2001

69

RESPONSE by pla EEOC to motion to compel good faith conciliation (arbitration of intervenors' claims) by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 04/03/2001)

March 30, 2001

March 30, 2001

REMARK as to Pinnacle Nissan Inc atty M. Brett Burns Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Ste 4100 Dalls TX 75201 removed from database for noncompliance w/admission deadline of 03/18/01 pty represented by other counsel (BAS) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

70

MINUTE ENTRY before Judge Mary H. Murguia Crt Rptr: M.SANCHEZ Present: David Lopez and Kathy Kruse for pltf; Stephen Montoya for intpla; Michael Burns, Shelly Shanley and Lonnie Williams for dft. Status hearing held. Counsel have agreed on discovery ddls and will file proposed scheduling order; disc ddl 1/15/01; mot ddl 4/8/02. Court denies motion to stay. Dft to file supplemental brief on pending motion to dismiss [20] by 4/18/01; pltf's response due 5/2/01; dft's reply due 5/11/01; hearing will be 5/25/01 1t 2:00PM. Court finds the motion to extend time for dft to 2/5/01 to file reply in support of its motion to dismiss [31] moot. Court will allow the depositions that are currently noticed to be taken and will allow the 3 30(b)(6) depositions as requested by counsel. [70] (former emp) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

71

UNOPPOSED REQUEST (MOTION) for an extension of time in which to file their reply to dft's response to opposition to intervening plas' motion to amend their complaint by intervenor-plaintiff [71-1] (former emp) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

72

NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Sam Darmo on the following date(s): 4/17/01 (former emp) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

73

NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Armer Darmo on the following date(s): 4/16/01 (former emp) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

74

REPLY by dft Pinnacle Nissan Inc to response to motion to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1], motion to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

75

ORDER by Judge Mary H. Murguia granting motion for an extension of time in which to file their reply to dft's response to opposition to intervening plas' motion to amend their complaint by intervenor-plaintiff [71-1] - until and including 4/20/01 (cc: all counsel) (CMM) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

79

Advisory to the Court by pla EEOC regarding discovery dispute (former emp) (Entered: 04/17/2001)

April 16, 2001

April 16, 2001

80

MOTION extension of deadline to identify victims and memorandum of points and authorities by pla EEOC [80-1] (former emp) (Entered: 04/17/2001)

April 16, 2001

April 16, 2001

77

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Dana Ozen on the following date(s): 4/25/01 (former emp) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

78

NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Orlando Garcia on the following date(s): 4/25/01 (former emp) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

81

AMENDED MOTION to compel arbitration by dft Pinnacle Nissan Inc [81-1] , to stay and supporting brief by dft Pinnacle Nissan Inc [81-2] (former emp) Modified on 06/28/2001 (Entered: 04/19/2001)

April 18, 2001

April 18, 2001

82

AMENDED NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Orlando Garcia on the following date(s): 4/25/01 (former emp) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

83

AMENDED NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Dana Auzenne on the following date(s): 4/25/01 (former emp) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

84

NOTICE by pla EEOC of additional persons on whose behalf it will seek relief (former emp) (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

85

REPLY by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to response to motion for leave to amend complaint (intervening pla's are in joinder to motion to amend complaint) by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

86

NOTICE by pla EEOC of withdrawal of advisory to court regarding discovery dispute without prejudice (former emp) (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

88

RESPONSE in opposition to dft's motion to file a surreply (motion not filed with the Court) by pla EEOC and CROSS-MOTION to strike improper surreply by pla EEOC [88-1] (RE: ) (former emp) (Entered: 04/30/2001)

April 26, 2001

April 26, 2001

87

NOTICE by pla EEOC OF TAKING DEPO OF designated person to testify on behalf of Pinnacle Nissan on the following date(s): 5/15/01 (former emp) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

90

RESPONSE in opposition to dft's motion to compel arbitration by intervenor-plaintiffs and CROSS-MOTION for partial summary judgment by intervenor-plaintiffs [89-1] (RE: [81-1] ) (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)

May 2, 2001

May 2, 2001

91

STATEMENT OF FACTS by intervenor-plaintiffs in support of their motion for partial summary judgment by intervenor-plaintiffs [89-1] (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)

May 2, 2001

May 2, 2001

97

RESPONSE by intervenor-plaintiff to motion to stay this litigation pending the resolution of dft's motion to compel arbitration by dft Pinnacle Nissan Inc [81-2] (former emp) (Entered: 05/10/2001)

May 2, 2001

May 2, 2001

93

NOTICE by intervenor-plaintiffs of filing the affidavit of Sam Darmo (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)

May 3, 2001

May 3, 2001

94

NOTICE by dft Pinnacle Nissan Inc of service of dft Pinnacle Nissan, Inc's second request for production of documents and tangible things to pla Equal Employment Opportunity Commission (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

119

RESPONSE by dft Pinnacle Nissan Inc to motion for extension of deadline to identify potential class members by pla EEOC [80-1] (former emp) Modified on 06/05/2001 (Entered: 06/01/2001)

May 4, 2001

May 4, 2001

95

SUBMISSION (MOTION) regarding additional time to depose EEOC Officer Orlando Santos Garcia by Pinnacle Nissan Inc [95-1] (former emp) (Entered: 05/09/2001)

May 8, 2001

May 8, 2001

96

EEOC's position re additional time Orlando Garcia's testimony (former emp) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

99

MINUTE ENTRY before Mag Judge Virginia A. Mathis: discovery matter regarding the Garcia deposition was referred to Judge Mathis for decision; granting motion regarding additional time to depose EEOC Officer Orlando Santos Garcia by Pinnacle Nissan Inc [95-1] [99-2]; deposition of Mr Garcia will be limited to 7 hours pursuant to Rule 30 Fed.R.Civ.P. (former emp) (Entered: 05/14/2001)

May 9, 2001

May 9, 2001

98

UNOPPOSED MOTION AND STIPULATION OF DFT PINNACLE NISSAN, INC for extension time to file its (1) reply to EEOC's response to dft's amended motion to compel arbitration, amended motion to stay and supporting brief; (2) reply to intervening pla's response in opposition to dft's motion to compel arbitration; and (3) reply to intervening pla's response in opposition to dft's motion to stay by dft Pinnacle Nissan Inc [98-1] (former emp) (Entered: 05/14/2001)

May 10, 2001

May 10, 2001

100

MINUTE ORDER status hearing is set for 11:30AM, 5/15/01; pltf's counsel to arrange for conference call to 322-7580. (cc: all counsel) [100] (former emp) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

101

RESPONSE by dft Pinnacle Nissan Inc to motion to strike improper surreply by pla EEOC [88-1] (former emp) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

102

MINUTE ENTRY before Judge Mary H. Murguia Crt Rptr: M.SANCHEZ BY tele: David Lopez for pltf; Lonnie Williams, Stephen Montoya and Michael BUrns for dfts. Status hearing held; hearing will go forward on motion to dismiss or compel arbitration on 5/25/01. [102] (former emp) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

104

STIPULATION and request to extend time until 5/18/01 for pla EEOC to file a reply to dft's response to pla's motion for extension of deadline to identify victims (former emp) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

105

MOTION for protective order prohibiting counsel for intervenors and the EEOC from inquiring into the personal income of Mr Allan Cady, Larry Van Tuyl and similar executive by dft Pinnacle Nissan Inc [105-1] (former emp) (Entered: 05/17/2001)

May 17, 2001

May 17, 2001

106

REPLY by dft Pinnacle Nissan Inc to Intervenors' response in support of its amended motion to compel arbitration by dft Pinnacle Nissan Inc [81-1] (former emp) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Feb. 21, 2005

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

ABC Nissan, Private Entity/Person

Pinnacle Nissan Inc, Private Entity/Person

ABC Nissan (Scottsdale, Arizona), Private Entity/Person

Pinnacle Nissan, Inc. (Scottsdale, Arizona), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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: 521000

Order Duration: 2003 - 2005

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Religion discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian