Case: EEOC v. MGM MIRAGE, INC.

2:05-cv-01101 | U.S. District Court for the District of Nevada

Filed Date: Sept. 9, 2005

Closed Date: 2009

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Case Summary

On September 9, 2005, the Los Angeles and San Diego offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against the MGM Mirage Inc., the Mandalay Bay Resort Group, and the Mandalay Corporation in the U.S. District Court for the District of Nevada. The EEOC alleged that the defendants had violated the constitutional rights of four female kitchen employees by subjecting one of them to sexual harassment and by subjecting the other three to a hostile work environ…

On September 9, 2005, the Los Angeles and San Diego offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against the MGM Mirage Inc., the Mandalay Bay Resort Group, and the Mandalay Corporation in the U.S. District Court for the District of Nevada. The EEOC alleged that the defendants had violated the constitutional rights of four female kitchen employees by subjecting one of them to sexual harassment and by subjecting the other three to a hostile work environment when they defended her from the harassment.

On November 18, 2005, the defendants filed a motion to dismiss, but on May 29, 2007, the parties entered into a consent decree. Under the decree, the defendants were prohibited from subjecting any employee to sexual harassment in the workplace. The defendants agreed to pay $300,000 in damages to a class of plaintiffs whose identities were to be determined. The defendants also agreed to donate $10,000 to the Voice Foundation, a charity that works to build stronger communities among employees. The defendants agreed to provide equal employment opportunity training for main kitchen employees, including extra training for management personnel on how to properly handle complaints of discrimination. The defendants agreed to maintain a telephone hotline to allow employees to report their complaints of discrimination or retaliation in the workplace. They also agreed to distribute notice of employment rights to all of their employees and to expunge the employment record of the employee whose rights were the subject of this lawsuit. Within 30 days of the entry of the decree, the defendants agreed to maintain the services of an Equal Employment Opportunity Consultant, whose job would be to ensure that they complied with all of the terms of the decree. This person would also be responsible for filing an annual compliance report with the EEOC. Finally, the defendants agreed to maintain records of all complaints made regarding employment discrimination, and to make those reports available to the EEOC within 10 days of any request for such information. The decree was to last for two years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Kristen Sagar (4/9/2008)

Clearinghouse (6/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12293623/parties/us-eeoc-v-mgm-mirage-inc/


Judge(s)

Johnston, Robert J. (Nevada)

Judge(s)

Johnston, Robert J. (Nevada)

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Documents in the Clearinghouse

Document

2:05-cv-01101

Docket [PACER]

EEOC v. MGM Mirage, Inc.

May 29, 2007

May 29, 2007

Docket
1

2:05-cv-01101

Complaint

EEOC v. MGM Mirage, Inc.

Sept. 9, 2005

Sept. 9, 2005

Complaint

2:05-cv-01101

EEOC Sues Mandalay Bay Resort & Casino for Sexual Harassment and Retaliation

EEOC v. MGM Mirage, Inc., d/b/a Mandalay Bay Resort & Casino

No Court

Sept. 13, 2005

Sept. 13, 2005

Press Release
11

2:05-cv-01101

First Amended Complaint

EEOC v. MGM Mirage, Inc.

Dec. 23, 2005

Dec. 23, 2005

Complaint
38

2:05-cv-01101

Consent Decree

EEOC v. MGM Mirage

May 29, 2007

May 29, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12293623/us-eeoc-v-mgm-mirage-inc/

Last updated Jan. 28, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/JD obo P. (Entered: 09/16/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER

SUMMONS ISSUED to P (1)

Sept. 9, 2005

Sept. 9, 2005

PACER
2

CERTIFICATE OF INTERESTED PARTIES obo P. (Entered: 09/16/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
3

WAIVER OF SERVICE EXECUTED re D MGM Mirage, Inc. on 10/5/05 (Entered: 10/28/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
4

MOTION to Dismiss by Defendant MGM Mirage, Inc.. Responses due by 12/6/2005. (Attachments: # 1 Main Document part 2 of 2)(MMM, ) (Entered: 12/07/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
5

RESPONSE to 4 MOTION to Dismiss; Replies due by 12/19/2005. (Attachments: # 1 # 2)(RFJ) (Entered: 12/08/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
6

MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge on 12/15/2005 by Deputy Clerk: Donna Andrews. Motion Hearing set for 12/16/2005 at 09:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro on Defendant's Emergency Motion to Extend the Due Date for Defendant's Reply in Support of Motion to Dismiss; Motion for Attorney's Fees.(no image attached) (DMA) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
7

EMERGENCY MOTION for Extension of Time by Defendant MGM Mirage, Inc.. (AXM, ) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
9

CERTIFICATE OF SERVICE by Defendant MGM Mirage, Inc. re 7 MOTION for Extension of Time. (MJZ ) (Entered: 12/21/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
8

MINUTES OF PROCEEDINGS - Motion Hearing held on 12/16/2005 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; Pla Counsel: Anna Y. Park, Connie Liem (Present Telephonically); Def Counsel: Elayna J. Youchah, Michael Infuso; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:00 a.m. - 9:10 a.m.. RE: 7 EMERGENCY MOTION to Extend the Due Date for Defendant's Reply in Support of Motion to Dismiss; Motion for Attorney's Fees filed by MGM Mirage, Inc. IT IS ORDERED Defendant's Emergency Motion is granted. Defendant's Reply brief due by 12/28/2005. IT IS FURTHER ORDERED Defendant's Motion for Attorney's Fees is denied. The Court reserves ruling on whether a Sur-Reply can be filed pending the filing of an appropriate motion for such relief. (no image attached) (DMA) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
10

RESPONSE to 7 MOTION for Extension of Time; filed by Plaintiff Equal Employment Opportunity Commission. (MJZ ) (Entered: 12/21/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
11

AMENDED COMPLAINT with Jury Demand against Mandalay Bay Resort Group, Mandalay Corporation, MGM Mirage, Inc., filed by Equal Employment Opportunity Commission. Certificate of Interested Parties due by 1/2/2006.(MAJ, ) (Entered: 12/29/2005)

Dec. 23, 2005

Dec. 23, 2005

PACER
12

REPLY to Response to 4 MOTION to Dismiss; filed by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (RFJ) (Entered: 12/30/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
13

ORDER Setting Hearing on 4 MOTION to Dismiss filed by Defendant MGM Mirage, Inc.: Motion Hearing set for 1/25/2006 at 03:30 PM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 1/4/06. (DMA) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
14

ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for defendant shall have a period of 10 calendar days from the filing date of this order within which to fully comply with the provisions of Local Rule 10-6. Certificate of Interested Parties due by 1/19/2006. Signed by Judge Peggy A. Leen on 1/4/06. (AXM, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER
15

CERTIFICATE of Interested Parties by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Infuso, Michael) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
16

ORDER Resetting Hearing on 4 MOTION to Dismiss: Motion Hearing reset for 1/25/2006 at 10:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 1/18/2006. (DMA) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

PACER
17

MINUTES OF PROCEEDINGS - Motion Hearing held on 1/25/2006 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; Pla Counsel: Connie Liem; Def Counsel: Elayna J. Youchah, Michael V. Infuso, Wendy Nutt; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:55 a.m.. RE: 4 MOTION to Dismiss filed by MGM Mirage, Inc. The Court hears the arguments of Ms. Youchah and Ms. Liem. IT IS ORDERED Defendant's Motion to Dismiss (#4) is DENIED. (no image attached) (DMA) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
18

ANSWER to [] Complaint First Amended by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. Certificate of Interested Parties due by 2/17/2006. Discovery Plan due by 3/24/2006.(Youchah, Elayna) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
19

VACATED by ORDER #21 CASE REFERRED to Early Neutral Evaluation Program. Magistrate Judge Peggy A. Leen will be the evaluating judge in this case. (MXS) Modified on 4/4/2006 (GEW). (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
20

ORDER Scheduling Early Neutral Evaluation Session. Early Neutral Evaluation set for 4/21/2006 09:00 AM before Magistrate Judge George W Foley Jr.. Signed by Judge George W Foley Jr. on 2/24/06. (MJZ) (Entered: 02/28/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
21

MINUTE ORDER IN CHAMBERS of the Honorable Robert J. Johnston, U.S. Magistrate Judge on 3/1/2006. IT IS THE ORDER OF THE COURT that the Court's Order (#19) having been inadvertently entered in this case, is hereby VACATED. By Deputy Clerk: MXS. (no image attached) (MXS) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

PACER
22

MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 3/3/2006. By Judicial Assistant: Julia Hill. The Early Neutral Evaluation set for April 21, 2006 is hereby VACATED and RESCHEDULED for WEDNESDAY, May 17, 2006, at 9:00 AM before Magistrate Judge George W Foley Jr. The confidential evaluation statements shall be provided to chambers - Room 3099 - not later than 4:00 p.m. on May 10, 2006. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE CLERK'S OFFICE. (no image attached) (JXH) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
23

TRANSCRIPT of Proceedings: 17 Motion Hearing, held on 1/25/06 before Judge Philp M. Pro. Court Recorder: Erin Smith. (EDS) (Entered: 03/08/2006)

March 7, 2006

March 7, 2006

PACER
24

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Equal Employment Opportunity Commission Joint Report/Discovery Plan and [Proposed] Scheduling Order. (Liem, Connie) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER
25

SCHEDULING ORDER. Pretrial order due 3/30/07. Discovery due by 12/29/2006. Motions due by 2/7/2007. Signed by Judge Peggy A. Leen on 3/20/06. (AXM, ) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

PACER
26

Third Party MOTION for Leave to Appear U.S. Government Attorney. Attorney: Derek Li. by Plaintiff Equal Employment Opportunity Commission. (Park, Anna) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
27

ORDER granting 26 Motion for Leave to Appear for Attorney Derek Li for Equal Employment Opportunity Commission. Signed by Judge Philip M. Pro on 4/12/06. (AXM, ) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
28

MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 5/3/2006. By Judicial Assistant: Julia Hill. Due to a conflict with the Court's calendar, the early neutral evaluation session currently set for May 17, 2006 has been RESCHEDULED for TUESDAY, May 23, 2006, at 9:00 a.m. The written evaluation statements shall be submitted directly to my chambers - Room 3099 - no later than 4:00 p.m. on May 16, 2006. DO NOT DELIVER OR MAIL THEM TO THE CLERK'S OFFICE. DO NOT SERVE A COPY ON OPPOSING COUNSEL. (no image attached) (JXH) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
29

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 5/26/2006 before Judge George W Foley Jr..Time of Hearing: 9:00am. Status Conference set for 6/9/2006 02:00 PM before Magistrate Judge George W Foley Jr..No settlement reached, negotiations continue. (AXM) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

PACER
30

MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 6/9/2006. By Judicial Assistant: Julia Hill. Counsel for the parties appeared for a telephonic status conference on June 9, 2006 and advised the court this matter has not settled. The parties stated that they will continue to negotiate and will contact the court if they feel a continuation of the ENE session will advance the goal of settlement. Accordingly, the court finds this case should be returned to the normal litigation track.(no image attached) (JXH) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
31

STATUS REPORT Joint Interim Status Report by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Infuso, Michael) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
32

STATUS REPORT Status Report by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Youchah, Elayna) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
33

NOTICE by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation NOTICE OF CHANGE OF FIRM NAME (Youchah, Elayna) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
34

ORDER. Proposed Joint Pretrial Order due by 5/2/2007. Signed by Judge Peggy A. Leen on 4/18/07. (AXM) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
35

STATUS REPORT JOINT STATUS REPORT RE: SETTLEMENT AND REQUEST TO SUSPEND THE DUE DATE FOR THE JOINT PRETRIAL CONFERENCE ORDER by Plaintiff Equal Employment Opportunity Commission. (Li, Derek) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
36

ORDER granting 35 Status Report request to SUSPEND THE DUE DATE FOR THE JOINT PRETRIAL CONFERENCE ORDER Signed by Judge Peggy A. Leen on 4/26/07. (AXM) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

PACER
37

STIPULATED/CONSENT JUDGMENT [PROPOSED] CONSENT DECREE AND NOTICE OF SETTLEMENT by Plaintiff Equal Employment Opportunity Commission. (Park, Anna) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

PACER
38

CONSENT DECREE and SETTLEMENT. Signed by Judge Philip M. Pro on 5/29/07. (AXM) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 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

Mandalay Bay Resort Group (Las Vegas), Private Entity/Person

Mandalay Corporation (Las Vegas), Private Entity/Person

Mandalay Bay Resort Group, Private Entity/Person

MGM Mirage, Inc. (Las Vegas), 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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 310000

Order Duration: 2007 - 2009

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discipline

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