Case: EEOC v. Convergys Corporation

2:05-cv-00814 | U.S. District Court for the District of Utah

Filed Date: Sept. 28, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the Phoenix District Office and Denver Office of the EEOC filed this lawsuit against Convergys Corporation in the U.S. District Court for the District of Utah alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleged that the defendant paid the commplainants less than their male counterparts for performing the same task. Following some discovery, the parties settled the lawsuit through a consent decree in May 2007.

The two-year decree, containing an anti-discrimination clause, required the defendant to: make compliance reports, keep records of compliance, expunge the complainants' employment records, post notice of employee rights, provide EEO training, and pay $90,000 to be distributed among four individuals. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

David Friedman (4/9/2008)

Clearinghouse (6/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4402509/parties/equal-employment-opportunity-commission-v-convergys-corporation/


Judge(s)

Cassell, Paul G. (Utah)

Attorney for Plaintiff

Chen, Tin-Tin Diana (Arizona)

Christensen, Carlie (Utah)

Fuller, Ann Louise (Colorado)

Attorney for Defendant

Griess, Murray W (Ohio)

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Documents in the Clearinghouse

Document

2:05-cv-00814

Docket [PACER]

May 31, 2007

May 31, 2007

Docket
1

2:05-cv-00814

Complaint

Sept. 28, 2005

Sept. 28, 2005

Complaint
3

2:05-cv-00814

Amended Complaint

Nov. 28, 2005

Nov. 28, 2005

Complaint
63

2:05-cv-00814

Consent Decree

May 31, 2007

May 31, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402509/equal-employment-opportunity-commission-v-convergys-corporation/

Last updated Jan. 26, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Convergys Corporation (Fee Status: Waived), filed by Equal Employment Opportunity Commission.Assigned to Judge Paul G. Cassell (jwt, ) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

RECAP
2

MOTION/ORDER granting motion for Admission Pro Hac Vice for of Mary Jo O'Neill for Equal Employment Opportunity Commission, C. Emanuel Smith for Equal Employment Opportunity Commission, Sandra J. Padegimas for Equal Employment Opportunity Commission.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 9/29/05. (asp) (Entered: 09/30/2005)

Sept. 29, 2005

Sept. 29, 2005

PACER
3

AMENDED COMPLAINT against Convergys Corporation with Jury Demand, filed by Equal Employment Opportunity Commission.(asp, ) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
4

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Equal Employment Opportunity Commission as to Convergys Corporation served on 12/6/2005, answer due 12/27/2005. (asp, ) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
5

MOTION/ORDER granting motion for Admission Pro Hac Vice for of David A. Skidmore for Convergys Corporation, Catherine Ann Reed for Convergys Corporation.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 12/21/05. (kvs, ) (Entered: 12/22/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
6

ANSWER to Amended Complaint filed by Convergys Corporation.(O'Brien, Michael) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

PACER
7

NOTICE of Appearance by Ali Levin on behalf of Convergys Corporation (Levin, Ali) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
8

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 3/15/2006 02:30 PM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
9

NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 1/17/06 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 3/15/2006 02:30 PM in Room 436 before Magistrate Judge Paul Warner. (asp, ) (tsh, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
10

REPORT OF ATTORNEY PLANNING MEETING. (Reed, Catherine) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
11

SCHEDULING ORDER: Initial Pretrial Conference set for 3/15/06 at 2:30 p.m. vacated. Amended Pleadings due by 5/31/2006. Joinder of Parties due by 5/31/2006. Fact and Expert Discovery due by 9/15/2006. Motions due by 10/31/2006. Final Pretrial Conference set for 3/20/2007 03:00 PM in Room 103 before Judge Paul G. Cassell. Fifteen day Jury Trial set for 4/2/2007 08:30 AM in Room 103 before Judge Paul G. Cassell. Signed by Judge Paul M. Warner on 3/6/06. (ce, ) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

PACER
12

Joint MOTION to Amend/Correct 11 Scheduling Order, filed by Defendant Convergys Corporation. (Levin, Ali) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
13

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Initial Rule 26(a)(1) Disclosure Statement and Discovery Requests (Padegimas, Sandra) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER
14

NOTICE OF FILING Certificate of Service of Defendant Convergys' Rule 26 Disclosures filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

PACER
15

ORDER denying 12 Motion to Amend/Correct the Pretrial Conference date and Trial Dates. This order is made after the parties represented to the court that the current pretrial conference date and the current trial dates are fine with counsel. Although both parties have not withdrawn their joint motion, the parties represented to the court that they would withdraw their motion, and that the motion was moot because the parties agree to the current scheduling order as set. As such, the pretrial conference is still set for 3/20/2007 03:00 PM in Room 103, and the Fifteen day Jury Trial is still set for 4/2/2007 08:30 AM in Room 103. If counsel wish to alter the length of trial, they may make a further motion to the court. Signed by Judge Paul G. Cassell on 3/22/06. (smy) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
16

MOTION to Withdraw as Attorney for Plaintiff EEOC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C.) (Entered: 03/28/2006)

2 Text of Proposed Order

View on PACER

March 28, 2006

March 28, 2006

PACER
17

ORDER granting 16 Motion to Withdraw as Attorney. Attorney C. Emanuel Smith withdrawn from case . Signed by Judge Paul G. Cassell on 3/29/06. (kla, ) (Entered: 03/30/2006)

March 29, 2006

March 29, 2006

PACER
18

MOTION/ORDER granting motion for Admission Pro Hac Vice for of Sally C. Shanley for Equal Employment Opportunity Commission.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 3/31/06. (kla, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
19

MOTION/ORDER granting motion for Admission Pro Hac Vice for of Ann L. Fuller for Equal Employment Opportunity Commission.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 3/31/06. (kla, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
20

CERTIFICATE OF SERVICE by Convergys Corporation of Defendant's Discovery Requests (Reed, Catherine) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
21

MOTION for Protective Order Stipulated Protective Order filed by Defendant Convergys Corporation. (Attachments: # 1)(O'Brien, Michael) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

PACER
22

STIPULATED PROTECTIVE ORDER. Signed by Judge Paul G. Cassell on 6/8/06. (kla, ) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

PACER
23

DECLARATION of Ann Fuller Certifying EEOC Discovery Response filed by Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER
24

MOTION to Continue Trial Date filed by Defendant Convergys Corporation. (Attachments: # 1 Attachment: Declaration of Channon Cary)(Reed, Catherine) (Entered: 06/17/2006)

2 Attachment: Declaration of Channon Cary

View on PACER

June 17, 2006

June 17, 2006

PACER
25

CERTIFICATE OF SERVICE by Convergys Corporation of Answers to Plaintiff EEOC's First Set of Interrogatories (Reed, Catherine) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
26

CERTIFICATE OF SERVICE by Convergys Corporation of Responses to Plaintiff EEOC's First Request for Production of Documents (Reed, Catherine) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
27

ORDER granting 24 Motion to Continue Trial date set for 4/2/07 until 9/4/07. Signed by Judge Paul G. Cassell on 6/23/06. (kla, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
28

NOTICE OF HEARING: Jury Trial set for 9/4/2007 at 08:00 AM in Room 103 before Judge Paul G. Cassell. Pretrial Conference set for 8/14/2007 at 03:00 PM in Room 103 before Judge Paul G. Cassell. (kla, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
29

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena served on Kim Sponaugle on 07/06/06, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

PACER
30

Joint MOTION for Extension of Time Regarding Defendant's Expert Report Deadline and Plaintiff's Rebuttal Expert Deadline filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

PACER
31

DOCKET TEXT ORDER granting 30 Motion for Extension of Time. Defendant's Expert Disclosure and Report due by 8/25/06. Plaintiff's Rebuttal Expert Disclosure and Report due by 9/25/06. No further extensions will be granted absent good cause shown. Signed by Judge Paul G. Cassell on 7/13/06.No attached document. (kla, ) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

PACER
32

MOTION for Admission Pro Hac Vice of Murray W. Griess Registration fee $ 15, receipt number 354767. filed by Defendant Convergys Corporation. (Attachments: # 1)(O'Brien, Michael) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

PACER
33

ORDER granting 32 Motion for Admission Pro Hac Vice for Murray W. Griess.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 7/20/06.(kla, ) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

PACER
34

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal served on Julie Angelos on 07/09/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
35

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Third Discovery Requests to Defendant (Shanley, Sally) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
36

NOTICE OF DEFICIENCY re 34 Return of Service. The document image does not contain the issued subpoena. The court requires that the return of service be filed with a copy of the issued subpoena. The court asks the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (kla, ) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

PACER
37

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Julie Angelos on 07/09/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

PACER
38

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal served on Gretha Record on 07/06/2006, filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

PACER
39

Plaintiff's MOTION to Withdraw as Attorney filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Fuller, Ann) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
40

First MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 07/31/2006)

2 Text of Proposed Order

View on PACER

July 31, 2006

July 31, 2006

PACER
41

MEMORANDUM in Support re 40 First MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- 11)(Padegimas, Sandra) (Entered: 07/31/2006)

2 Exhibit 1- 11

View on PACER

July 31, 2006

July 31, 2006

PACER
42

ORDER GRANTING EXTENSION OF TIME TO COMPLETE DISCOVERY. Motions terminated: 40 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. Fact Discovery due by 1/15/2007. Motions due by 3/1/2007. Signed by Judge Paul G. Cassell on 8/1/06. (kla, ) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

PACER
43

MOTION for Extension of Time re the Defendant's Expert Report filed by Defendant Convergys Corporation. (Reed, Catherine) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
44

ORDER granting 39 Motion to Withdraw as Attorney. Ann L. Fuller is withdrawing as counsel for the Equal Employment Opportunity Commission. Signed by Judge Paul G. Cassell on 8/1/06.(kla, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
45

DOCKET TEXT ORDER granting 43 Motion for Extension of Time. Defendant's deadline for Expert Disclosure and Report is now October 31, 2006. Plaintiff's Rebuttal Expert Disclosure and Report is now due December 1, 2006. In the future, the court suggests that defendant submits a proposed order to the court on such matters. All other dates currently scheduled are to stay the same. Given the numerous extensions and alterations of dates requested by both parties in this matter, no further extensions of any currently set deadlines shall be granted absent good cause shown. Signed by Judge Paul G. Cassell on 8/7/06.No attached document. (kla, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
46

CERTIFICATE OF SERVICE by Convergys Corporation of Defendant's Second Set of Interrogatories Addressed to Plaintiff EEOC (Reed, Catherine) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
47

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Responses to Defendant's Second Set of Interrogatories (Padegimas, Sandra) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
48

Second MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits 1 -2# 2 Text of Proposed Order)(Padegimas, Sandra) (Entered: 11/22/2006)

2 Exhibits 1 -2

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 22, 2006

Nov. 22, 2006

PACER
49

MEMORANDUM in Opposition re 48 Second MOTION for Extension of Time to Complete Discovery filed by Defendant Convergys Corporation. (Skidmore, David) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
50

EXHIBITS filed by Convergys Corporation re 49 Memorandum in Opposition to Motion. (Attachments: # 1 Exhibit 1)(Skidmore, David) (Entered: 11/29/2006)

2 Exhibit 1

View on PACER

Nov. 29, 2006

Nov. 29, 2006

PACER
51

REPLY to Response to Motion re 48 Second MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits A - C)(Padegimas, Sandra) (Entered: 11/30/2006)

2 Exhibits A - C

View on PACER

Nov. 30, 2006

Nov. 30, 2006

PACER
52

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff EEOC's First Supplemental Disclosure Statement (Padegimas, Sandra) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
53

ORDER granting in part and denying in part 48 Motion for Extension of Time to Complete Discovery. Signed by Judge Paul G. Cassell on 12/6/06.(kla) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
54

Set/Reset Scheduling Order Deadlines: Discovery due by 4/30/2007. Motions due by 5/16/2007 per order 53 . (kla) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
55

MOTION for Admission Pro Hac Vice of T. Diana Chen (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 12/29/2006)

2 Text of Proposed Order

View on PACER

Dec. 29, 2006

Dec. 29, 2006

PACER
56

ORDER granting 55 Motion for Admission Pro Hac Vice of T. Diana Chen for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 1/3/07. (kla) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
57

MOTION to Withdraw filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Christensen, Carlie) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
58

ORDER granting 57 Motion to Withdraw re: Carlie Christensen as attorney. Signed by Judge Paul G. Cassell on 1/17/07. (kla) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
59

ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1) for Settlement. Magistrate to conduct a settlement conference by 7/31/2007. Counsel shall, by 7/3/2007, jointly contact the Magistrate to schedule the settlement conference. Signed by Judge Paul G. Cassell on 5/23/2007. (yre) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
60

ORDER OF RECUSAL. Judge Paul M. Warner recused and another magistrate judge to be referred to conduct the settlement conference. Signed by Judge Paul M. Warner on 05/24/07. (ce) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER
61

ORDER re 60 Order of Recusal. The settlement conference referral 59 is now assigned to Magistrate Judge Brooke Wells. [Docket text order - not text image.] Signed by Judge Paul G. Cassell on 5/25/2007. (yre) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

PACER
62

NOTICE OF FILING of Consent Decree for Approval filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 05/25/2007)

2 Text of Proposed Order

View on PACER

May 25, 2007

May 25, 2007

PACER
63

CONSENT JUDGMENT in favor of Equal Employment Opportunity Commission against Convergys Corporation. Case Closed. Signed by Judge Paul G. Cassell on 5/31/07. (kla) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

RECAP

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2005

Closing Date: 2009

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

Convergys Corporation (Orem, Utah), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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: 90000

Order Duration: 2007 - 2009

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits