Case: EEOC v. Quality Art LLC; Palestra Capital LLC

2:00-cv-01171 | U.S. District Court for the District of Arizona

Filed Date: June 20, 2000

Closed Date: Oct. 29, 2002

Clearinghouse coding complete

Case Summary

The Phoenix office of the EEOC brought this suit against Quality Art, LLC and Palestra Capital, LLC in the United States District Court for the District of Arizona in June 2000. While we do not have a copy of the complaint, from a press release issued by the EEOC, we know the complaint alleged discrimination in violation of Title VII. More specifically, the complaint alleged the defendants discriminated against thirty-five female and Hispanic workers, mostly Mexican and Guatemalan, by subject…

The Phoenix office of the EEOC brought this suit against Quality Art, LLC and Palestra Capital, LLC in the United States District Court for the District of Arizona in June 2000. While we do not have a copy of the complaint, from a press release issued by the EEOC, we know the complaint alleged discrimination in violation of Title VII. More specifically, the complaint alleged the defendants discriminated against thirty-five female and Hispanic workers, mostly Mexican and Guatemalan, by subjecting them to sexual harassment, national origin discrimination, and retaliation by segregating them, paying them lower wages, and constructively discharging them. A class of employees was allowed to intervene in the suit in June 2000. The court entered the parties' settlement in August 2001. While a copy of the settlement is unavailable, a press release issued by the EEOC indicates Quality Art agreed to pay $3.5 million to the plaintiffs. Quality Art filed for bankruptcy in December 2000 and the press release does not indicate that the parties agreed to any injunctive relief.

Summary Authors

Justin Kanter (8/14/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19197806/parties/eeoc-v-quality-art-llc/


Judge(s)
Attorney for Plaintiff

Chamness, Ralph E (Arizona)

Lopez, P David (Arizona)

Attorney for Defendant

Dillon, Mark Douglas (Arizona)

Ellingsen, Catharine Davis (Arizona)

Katz, Lawrence Allen (Arizona)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:00-cv-01171

Docket

Oct. 29, 2002

Oct. 29, 2002

Docket

2:00-bk-13772

Bankruptcy Docket

In re Quality Art (Bankruptcy)

Aug. 20, 2008

Aug. 20, 2008

Docket

2:00-cv-01171

EEOC Press Release

No Court

June 21, 2000

June 21, 2000

Press Release

2:00-cv-01171

EEOC Press Release

No Court

Aug. 8, 2001

Aug. 8, 2001

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19197806/eeoc-v-quality-art-llc/

Last updated Feb. 22, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (SAT) (Entered: 06/22/2000)

June 20, 2000

June 20, 2000

PACER
2

MOTION to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] (MAP) (Entered: 06/27/2000)

June 20, 2000

June 20, 2000

PACER
3

ORDER by Judge Stephen M. McNamee granting motion to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] (cc: all counsel) (MAP) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

PACER
4

COMPLAINT IN INTERVENTION FILED (MAP) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

PACER
6

RESPONSE by dfts (all) to motion to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] [2-1] (MAP) (Entered: 07/19/2000)

July 14, 2000

July 14, 2000

6

MOTION to set aside order of Intervention by dfts (all) [6-1] (MAP) (Entered: 07/19/2000)

July 14, 2000

July 14, 2000

PACER
5

RETURN OF SERVICE EXECUTED (summons/complaint) upon Kathy Cheshire for dft Palestra Capital LLC on 7/14/00 (MAP) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

PACER
7

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Quality Art LLC on 7/14/00 (MAP) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

PACER
8

AMENDED COMPLAINT by pla EEOC; jury demand [1-1]; adding Palestra Capital Fnd (MAP) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

PACER
9

ORDER by Judge Stephen M. McNamee denying motion to set aside order of Intervention by dfts (all) [6-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 08/01/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
10

MOTION to strike Dfts' Response to Intervening Plas' Motion to Intervene by intervenors (all) [10-1] (MAP) (Entered: 08/07/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
11

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Quality Art LLC on 8/1/00 (MAP) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER
12

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Palestra Capital LLC on 8/1/00 (MAP) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER
13

ANSWER to Amended Complaint by dfts (all) (MAP) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

PACER
14

ORDER by Judge Stephen M. McNamee denying as moot motion to strike Dfts' Response to Intervening Plas' Motion to Intervene by intervenors (all) [10-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
15

ANSWER to Complaint in Intervention by dft Palestra Capital Fnd (MAP) (Entered: 08/24/2000)

Aug. 22, 2000

Aug. 22, 2000

PACER
16

NOTICE by pla EEOC of change of address for atty Stephen Montoya (MAP) (Entered: 09/19/2000)

Sept. 12, 2000

Sept. 12, 2000

PACER
17

RETURN OF SERVICE EXECUTED personal upon Kathy Chesire, Agent for dft Quality Art LLC on 10/18/00 re: summons and complaint (former emp) (Entered: 10/25/2000)

Oct. 24, 2000

Oct. 24, 2000

PACER
18

MOTION to extend time in which to serve Dft Justin Heymann by Intervening Plaintiffs [18-1] (MAP) (Entered: 10/30/2000)

Oct. 27, 2000

Oct. 27, 2000

PACER
19

ORDER by Judge Stephen M. McNamee granting motion to extend time in which to serve Dft Justin Heymann by Intervening Plaintiffs [18-1]; pla shall have until and including 11/30/00 to serve Justin Heymann (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

PACER
20

RETURN OF SERVICE EXECUTED personal upon John A Burns Sr on 10/19/00 re: summons and complaint (former emp) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

PACER
21

RETURN OF SERVICE of by intervenors re: summons and mtn to intervene upon Alfredo Perez, Office Coordinator for dft Palestra Capital Partners on 10/25/00 (former emp) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
22

ANSWER to complaint in intervention by dft Quality Art LLC (former emp) (Entered: 11/08/2000)

Nov. 7, 2000

Nov. 7, 2000

PACER
23

ANSWER by John A Burns Sr to complaint in intervention (former emp) (Entered: 11/13/2000)

Nov. 8, 2000

Nov. 8, 2000

PACER
24

MOTION to extend time to serve dft Palestra Capital Partners by intervenor Plas until 12/15/00 [24-1] (former emp) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

PACER
25

ORDER by Judge Stephen M. McNamee granting motion to extend time to serve dft Palestra Capital Partners by intervenor Plas until 12/15/00 [24-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

PACER
26

ANSWER by Justin C Heyman to complaint in intervention (former emp) (Entered: 11/22/2000)

Nov. 20, 2000

Nov. 20, 2000

PACER
27

AMENDED ANSWER to [23-1] by John A Burns Sr to complaint in intervention (former emp) (Entered: 11/29/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
28

RETURN OF SERVICE EXECUTED upon Lisa Heyman for dft Justin C Heyman on 10/31/00 mtn/summons/complaint (former emp) (Entered: 12/01/2000)

Nov. 28, 2000

Nov. 28, 2000

PACER
29

NOTICE by pla EEOC of preparedness for scheduling of Rule 15 Conference (former emp) (Entered: 12/01/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
30

OBJECTIONS to EEOC's notification of preparedness for scheduling Rule 16 Conference by dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd, dft Justin C Heyman (former emp) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER
31

RESPONSE by pla EEOC to dfts objection [30-1] to EEOC's notification of preparedness for Scheduling Rule 16 Conference (former emp) (Entered: 12/13/2000)

Dec. 11, 2000

Dec. 11, 2000

PACER
32

JOINDER by intervenors to [29-1] EEOC's notification of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
33

STIPULATION that the Commission shall be granted leave to file the proposed second amended complaint by pla EEOC, dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd (proposed second amended complaint UNSIGHED attached to this document) (former emp) Modified on 12/14/2000 (Entered: 12/14/2000)

Dec. 14, 2000

Dec. 14, 2000

PACER
34

ORDER by Judge Stephen M. McNamee granting stipulation that pla shall be granted leave to file its proposed second amended complaint (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/19/2000)

Dec. 19, 2000

Dec. 19, 2000

PACER
35

RESPONSE by dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd, dft Justin C Heyman to intervening plas joinder [32-1] in EEOC's notification of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

PACER
36

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Quality Art, LLC (former emp) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

PACER
37

SECOND AMENDED COMPLAINT by pla EEOC; jury demand [8-1] terminating intervenor Graciela Gonzales Mendoza, intervenor Araceli Ocampo Medina, intervenor Gabriel de la Cruz Cardenas ;adding Heriberto Mosqueda Cardenas as intervenor (former emp) Modified on 12/27/2000 (Entered: 12/27/2000)

Dec. 21, 2000

Dec. 21, 2000

PACER
38

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Quality Art, LLC, an Arizona limited liability company (former emp) Modified on 12/29/2000 (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
39

STANDARD CIVIL TRACK INITIAL ORDER by Judge Stephen M. McNamee that this action is designated a standard track case. (cc: all counsel) re: order [39-1] (KMG) (ADI-ICMS, ). (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

PACER
40

RETURN OF SERVICE UNEXECUTED - attempted upon dft Justin C Heyman (former emp) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

PACER
41

RETURN OF SERVICE UNEXECUTED - attempted upon Evelyn C Arkebauer for dft Palestra Capital Prt (former emp) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

PACER
42

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Dft Quality Art LLC (MAP) (Entered: 01/24/2001)

Jan. 23, 2001

Jan. 23, 2001

PACER
43

MOTION to substitute the law firm of Sacks Tierney PA in place of Steptoe & Johnson (to terminate attys Lawrence A Katz, Catherine D. Ellingsen, add Mark D. Dillon) by dft John A Burns Sr [43-1] (former emp) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
44

ORDER by Judge Stephen M. McNamee granting motion to substitute the law firm of Sacks Tierney PA in place of Steptoe & Johnson (to terminate attys Lawrence A Katz, Catherine D. Ellingsen) by dft John A Burns Sr [43-1] attorney Catharine Davis Ellingsen for John A Burns Sr, attorney Lawrence Allen Katz for John A Burns (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
45

NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC (former emp) (Entered: 02/28/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
46

ORDER by Judge Stephen M. McNamee the Court will treat the notice of EEOC's [45-1] position with respect to legal effect of Bankruptcy filing by dft Quality Art, LLc as a motion to vacate the automatic stay; FURTHER ORDERED that all parties interested in responding to the EEOC's mtn do so by 3/16/01; EEOC will have until 3/23/01 to file a reply (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

PACER
47

JOINDER by intervening plas to [45-1] EEOC's mtn to lift stay ( NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC) (former emp) (Entered: 03/20/2001)

March 16, 2001

March 16, 2001

PACER
48

RESPONSE by dft Palestra Capital Fnd, dft Justin C Heyman to NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC (former emp) (Entered: 03/20/2001)

March 16, 2001

March 16, 2001

PACER
49

ORDER by Judge Stephen M. McNamee that the action is stayed as to dft Quality Art, LLC ONLY; FURTHER ORDERED that the action against dft Quality Art, LLC is stayed as to all plas except for the EEOC which is exempt from the automatic stay purs to 11 USC 362; Stay ddl is 7/26/01; FURTHER ORDERED vacating [36-1] stay motion case stayed as to Quality Art, LLC, vacating show, vacating [38-1] stay motion case stayed as to Quality Art, LLC, an Arizona limited liability company, vacating [38-2] show, vacating [42-1] stay motion case stayed as to Dft Quality Art LLC, vacating [42-2] show (per law clerk) (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/28/2001)

March 28, 2001

March 28, 2001

PACER
50

NOTICE by dft Palestra Capital Fnd, dft Justin C Heyman of change of address for counsel Lawrence J. Rosenfeld, Michael Lungaretti (former emp) (Entered: 04/10/2001)

April 6, 2001

April 6, 2001

PACER
51

STIPULATION for entry of judgment by pla EEOC, dft Quality Art LLC (former emp) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

PACER
52

ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 11/20/01 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

PACER
53

MINUTE ORDER: IT IS ORDERED setting an in court hearing, regarding the proposed judgment submitted on April 27, 2001 for Monday, July 30, 2001 at 9:00 a.m. before the Honorable Stephen M. McNamee in courtroom #605 (cc: all counsel/MP) [53-3] (ALL) (Entered: 05/19/2001)

May 19, 2001

May 19, 2001

PACER
54

STIPULATION for entry of judgment by pla and Chapt. 7 Trustee (per the minute entry of 7/30/01, attached to this pleading....this copy of the stipulation for entry of jgm is filed as the second part of the notice filed 54 that states that a copy of the stipulation for entry of jgm were mailed first class to the parties as indicated in the notice on 6/22/01 by pla; this stipulation is document number 54a) (former emp) Modified on 07/31/2001 (Entered: 07/31/2001)

June 25, 2001

June 25, 2001

PACER
55

case stayed as to Palestra Capital Fund III, LLC NOTICE by dft Palestra Capital Fnd of filing bankruptcy (former emp) (Entered: 12/07/2001)

July 13, 2001

July 13, 2001

PACER
56

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: David Lee. PRESENT: P David Lopez for plaintiff. Stephen G. Montoya for interpleader plaintiffs. Mark Douglas Dillon for defendants. In court hearing, regarding stipulation for judgment held. IT IS ORDERED that the Clerk of the Court file the proposed stipulation and judgment as document 54a, so that it tracks the actual notice. The Court signs the judgment in open Court. [cc: all counsel/MP] [56-3] (ALL) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

PACER
57

JUDGMENT by Judge Stephen M. McNamee : granting stipulation for entry of jgm by pla and Quality Art; FURTHER ORDERED that pursuant to Rule 54(b), that jgm is entered against Quality Art and in favor of the EEOC in the amount of $3,500,000.00 (three million, five hundred thousand dollars) (cc: all counsel) re: judgment [57-1] (former emp) (ADI-ICMS, ). (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
58

MOTION to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/07/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
59

RESPONSE by dft Justin C Heyman to motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/08/2001)

Aug. 7, 2001

Aug. 7, 2001

PACER
60

RESPONSE by dft John A Burns Sr to motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER
61

ORDER by Judge Stephen M. McNamee denying motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

PACER
62

MOTION to appear telephonically at the Rule 16 Preliminary Pretrial Conference scheduled for 11/20/01 by dft Justin C Heyman [62-1] (MAP) (Entered: 10/20/2001)

Oct. 19, 2001

Oct. 19, 2001

PACER
63

ORDER by Judge Stephen M. McNamee granting motion to appear telephonically at the Rule 16 Preliminary Pretrial Conference scheduled for 11/20/01 by dft Justin C Heyman [62-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/31/2001)

Oct. 31, 2001

Oct. 31, 2001

PACER
64

NOTICE by pla EEOC to the Court of (A) filing of application for default against Palestra Capital Fund III and (B) inability to submit case management pla purs to Court's Order due to bankruptcy of dfts named in this action (former emp) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
65

MOTION for permission to appear telephonically at 11/20/01 preliminary pretrial conference by dft John A Burns Sr [65-1] (former emp) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
66

MOTION/APPLICATION for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (former emp) (Entered: 11/16/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
67

PROPOSED CASE MGT PLAN (former emp) (Entered: 11/16/2001)

Nov. 14, 2001

Nov. 14, 2001

PACER
68

ORDER by Judge Stephen M. McNamee granting motion for permission for Mark D Dillon to appear telephonically at 11/20/01 preliminary pretrial conference by dft John A Burns Sr [65-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

PACER
69

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Rose Huckaby-Cotton. PRESENT: Daniel R. Ortega and Stephen G Montoya for plaintiffs. Plaintiffs, Ruth Espinoza Armenta, Beatrice Colores, Nicolasa Huerta Flores, Patricia Gonzales, Yesenia Soto Ortega, Ana Maria Garcia Perez, Sulamita Garcia Perez, Araceli Hernandez Vera for plaintiffs. PRESENT: Lawrence Jay Rosenfeld and Mary McNear for defendants. APPEARING TELEPHONICALLY: Mark Douglas Dillon for defendants. Defendant, Justin C. Heyman. PRESENT: Defendant, John A. Burns. Rule 16 preliminary Scheduling Conference held. The parties stipulate to have a Magistrate Judge conduct the settlement conference. IT IS ORDERED that a Magistrate Judge be drawn at random lot for the purpose of conducting a settlement conference during the week of February 5, 2002. Magistrate Judge Morton Sitver drawn at random lot. Order to follow. [cc: all counsel/MP/MS] [69-2] (ALL) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

PACER
70

ERRATA by dft Justin C Heyman to joint pretrial schedule [67-1] that the case management plan should read "Plaestra Capital Fund III LLC filed bankruptcy on 7/13/01" (former emp) (Entered: 11/27/2001)

Nov. 26, 2001

Nov. 26, 2001

PACER
71

ORDER by Judge Stephen M. McNamee that Magistrate Judge Sitver has been assigned for the purpose of conducting a settlement conference during the week of 2/5/02; FURTHER ORDERED that if any pla fails to appear at the settlement conference, they are subject to having their case dismissed; FURTHER ORDERED directing counsel for the pla to make arrangements to have a Spanish interpreter available at the settlement conference for their clients (cc: all counsel) re: order filed [71-1] (former emp) (ADI-ICMS, ). (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

PACER
72

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Morton Sitver ; settlement conference set for 9:00 2/4/02, before Mag Judge Morton Sitver (all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

PACER
73

MOTION for Magistrate Judge to amend Settlement Conference Statement Order by dft John A Burns Sr [73-1] (lodged document not submitted) (former emp) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

PACER
74

ORDER by Judge Stephen M. McNamee that this action is stayed as to Plaestra Capital LLC; FURTHER ORDERED denying motion for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

PACER
75

AMENDED ORDER by Judge Stephen M. McNamee that the action is stayed as to Palestra Capital Fund III; FURTHER ORDERED denying without prejudice the motion for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (cc: all counsel)(former emp) Modified on 12/11/2001 (ADI-ICMS, ). (Entered: 12/11/2001)

Dec. 11, 2001

Dec. 11, 2001

PACER
76

ORDER by Magistrate Judge Morton Sitver that this Court's Order filed 11/29/01 72, be clarified as to the parties that are required to attend the settlement conference scheduled for 2/4/02 at 9:00am. All 27 parties to this action are required to be present at the settlement conference (cc: all counsel) (MAP) Modified on 12/14/2001 (ADI-ICMS, ). (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

PACER
77

ORDER by Mag Judge Morton Sitver amending the 11/28/01 Notice of Settlement and Settlement Conference Statement Order as follows: settlement conference set for 9:00 2/4/02 Counsel shall appear at the settlement conference w/each of the parties to settle the case (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

PACER
78

STIPULATION to Change Time/Continue Settlement Conference (In Time On) to 1:00 p.m. [77-2] by pla, dft, intervenor, (KMG) (Entered: 01/11/2002)

Jan. 9, 2002

Jan. 9, 2002

PACER
79

ORDER by Mag Judge Morton Sitver granting stipulation to Change Time/Continue Settlement Conference (In Time On) to 1:00 p.m. [77-2] by pla, dft, intervenor, ; Settlement conference reset (TIME ONLY) for 1:00 2/4/02, before Mag Judge Morton Sitver (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 01/11/2002)

Jan. 11, 2002

Jan. 11, 2002

PACER
80

MINUTE ENTRY before Mag Judge Morton Sitver settlement conference held No Settlement reached [cc: SMM] [80-2] (MAP) (Entered: 02/06/2002)

Feb. 4, 2002

Feb. 4, 2002

PACER
81

MOTION to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] (former emp) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

PACER
82

MOTION to dismiss portons of the plas' complaint which rely on allegations of sexual harassment or gender discrimination by dft John A Burns Sr [82-1] (former emp) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

PACER
83

Unopposed MOTION to extend time to respond to dft John Burns' mtn to dismiss by intervenor plaintiffs [83-1] (former emp) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

PACER
84

ORDER by Judge Stephen M. McNamee granting motion to extend time until 5/13/02 to respond to dft John Burns' mtn to dismiss by intervenor plaintiffs [83-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/13/2002)

May 13, 2002

May 13, 2002

PACER
85

ORDER by Judge Stephen M. McNamee granting motion to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] party John A Burns dismissed; FURTHER ORDERED the following plas are dismissed without prejudice for failure to appear and comply with the Orders of the Court: party Maritza J Betanzos, party Nohemi Santiago Calera, party Heriberto Mosqueda Cardenas, party Araceli Ocampo Medina party Araceli Hernandez Vera (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/13/2002)

May 13, 2002

May 13, 2002

PACER
86

RESPONSE by pla intervenors to motion to dismiss as to dft John Burns Sr by dft John A Burns Sr [81-1] (former emp) (Entered: 05/16/2002)

May 13, 2002

May 13, 2002

PACER
87

REPLY by dft John A Burns Sr to motion to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] (MAP) (Entered: 05/29/2002)

May 23, 2002

May 23, 2002

PACER
88

STIPULATION to dismiss w/prejudice as to all claims against Dfts Justin Heyman and Palestra Capital by Pla EEOC, Dfts Palestra Capital Prt, Justin C Heyman (MAP) (Entered: 06/01/2002)

May 30, 2002

May 30, 2002

PACER
89

ORDER by Judge Stephen M. McNamee granting stipulation to dismiss w/prejudice as to all claims against Dfts Justin Heyman and Palestra Capital by Pla EEOC, Dfts Palestra Capital Prt, Justin C Heyman, each party to bear their own costs and attorneys fees; party Palestra Capital Prt, party Justin C Heyman terminated (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
90

MINUTE ORDER: IT IS ORDERED setting a status hearing in this matter for Monday, October 7, 2002 at 4:00 p.m. before Chief Judge Stephen M. McNamee in courtroom #605. (cc: all counsel/MP) [90-2] (ALL) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

PACER
91

STIPULATION for Dismissal of Defendant John A Burns Sr from the Amended Complaint [37-1] With Prejudice by intervening plaintiffs (SAT) Modified on 09/23/2002 (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
92

ORDER by Judge Stephen M. McNamee granting Stipulation for Dismissal of Defendant John A Burns Sr from the Amended Complaint [37-1] With Prejudice by intervening plaintiffs, party John A Burns (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
101

10/04/2002) Order Allowing Fees and Expenses for JAMES E. CROSS, Trustee's Attorney, Fees Awarded: $28453.00, Expenses Awarded: $1135.90; signed on 11/14/2002 .

Oct. 4, 2002

Oct. 4, 2002

93

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. PRESENT: P David Lopez for plaintiff. Status hearing held. Counsel informs the Court that he has filed a motion for voluntary dismissal of the remaining defendants. The Court signs the order in open Court. The Court will issue an order to show cause as it relates to the interpleader plaintiffs. [cc: all counsel/MP] [93-2] (ALL) Modified on 10/07/2002 (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
94

MOTION to Dismiss Plaintiff's Second Amended Complaint as to pla EEOC, dft Palestra Capital Fnd by pla EEOC [94-1] (SAT) (Entered: 10/11/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
95

NOTICE of Lodging Proposed Order by EEOC Dismissing Second Amended Complaint by pla (SAT) (Entered: 10/17/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
96

ORDER by Judge Stephen M. McNamee that Intervenors Ruth Espinoza Armenta, Rosalvo Solis Barreto, Gregorio Santos Cabrera, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriguez, Ana Marie Quevedo Rojas, Maria J Gonzales Solis, Juana "Rosa" Garcia Soto, and Marcia F Garcia Soto shall file a response to this Order showing good cause why this case should not be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute by 10/31/02; FURTHER ORDERED that the Clerk of Court shall enter a judgment of dismissal of this action without prejudice and without further order of the Court if a response to this Order is not filed by 10/31/02 (cc: all counsel) re: order filed [96-1] (SAT) (ADI-ICMS, ). (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
97

RESPONSE by intervenor plas to order filed 10/18/02 [96-1] (DMT) (Entered: 10/28/2002)

Oct. 25, 2002

Oct. 25, 2002

PACER
98

ORDER by Judge Stephen M. McNamee granting motion to Dismiss Plaintiff's Second Amended Complaint as to pla dft Palestra Capital Fnd by pla EEOC [94-1] party EEOC (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/29/2002)

Oct. 29, 2002

Oct. 29, 2002

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 20, 2000

Closing Date: Oct. 29, 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: No

Class Action Outcome: Not sought

Defendants

Palestra Capital Partners, Inc., Private Entity/Person

John A. Burns, Sr., Private Entity/Person

Justin C. Heyman, Private Entity/Person

Palestra Capital Fund III LLC, Private Entity/Person

Palestra Capital LLC, Private Entity/Person

Quality Art LLC, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 3500000

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian