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Case Name EEOC v. GNLV Corp. d/b/a/ Golden Nugget EE-NV-0013
Docket / Court 2:06-cv-01225-BES-PAL ( D. Nev. )
Additional Docket(s) 2:06−cv−01225−RCJ−PAL  [ 06-1225 ]
State/Territory Nevada
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the U.S. District Court for the District of Nevada against GNLV, Corp., d/b/a Golden Nugget Hotel and Casino along with several individual employers under Title VII of the Civil Rights Act of 1964. The ... read more >
On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the U.S. District Court for the District of Nevada against GNLV, Corp., d/b/a Golden Nugget Hotel and Casino along with several individual employers under Title VII of the Civil Rights Act of 1964. The EEOC sought injunctive relief, modification of defendants’ policies, compensatory and punitive damages, and attorneys’ fees and costs. This case was originally assigned to Judge Brian Sandoval and referred to Magistrate Judge Peggy A. Leen. After Judge Sandoval resigned, the case was reassigned to Chief Judge Jones on September 16, 2009.

The EEOC claimed that because of the defendants’ actions, claimants were exposed to a hostile work environment based on being black, female, or both. Specifically, the claimants alleged that the defendants subjected them to intimidation, threats of physical force, and racial slurs by co-workers, supervisors, and third parties. When the claimants attempted to report such offenses, the defendants allegedly retaliated by issuing verbal or written warnings or suspending the women from work.

On February 15, 2007, the parties began settlement negotiations and were referred to Magistrate Judge George Foley for early neutral evaluation. However, no settlement was reached and parties began the process of litigation in March 2007.

On October 28, 2008, the defendant’s motion to preclude the EEOC from adding additional class members was granted.

On December 12, 2008, the defendants filed for summary judgement on the EEOC’s claim that they had employed discriminatory procedures, on their request for punitive damages, and on the merits of the individual class members’ claims. On June 2, 2009, the court granted summary judgement regarding the EEOC’s pattern or practice claim. 2009 WL 10679135. Based on this ruling, the six individual employees’ claims became moot. On June 12, 2009, the court issued a judgment in favor of the defendants. The court ordered the EEOC to pay $14,681.25. The EEOC objected to these costs.

On August 3, 2009, the EEOC appealed to the Ninth Circuit from the final judgement entered in favor of the defendants. Specifically, they appealed the district court’s dismissal of the six individual employees’ employment discrimination claims and the district court’s order precluding additional class members from being added to the suit. Oral arguments were heard on February 14, 2011. On April 19, 2011 the Ninth Circuit held that the district court erred in dismissing the six individual employees’ claims. The Circuit Court stated that judgment in favor of the defendant on the classwide discrimination claim did not prevent the individual employees from bringing forward their claims. The Ninth Circuit affirmed the district court barring additional class members from joining the suit. 2011 WL 1461444.

On December 18, 2014, on remand, the district court granted the defendant’s motion for summary judgment for three of the individual employees’ claims and granted and denied in part for the remaining claims. For the three claimants whose claims survived summary judgment in part, two had summary judgement granted on their claims for hostile work environment, one had summary judgement granted on her disparate treatment claim, and one had summary judgment granted towards her retaliation claim. The court denied summary judgment on two of the claims of retaliation and one claim of hostile work environment. 2014 WL 7365871.

On June 1, 2015, the court granted and denied in part the EEOC’s motion for summary judgment on the defendant’s affirmative defenses initially filed on December 15, 2008. Of the defendant’s 21 affirmative defenses, the court granted summary judgement for failure to state a claim and punitive damages to the extent that those were defenses going to the sufficiency of the pleading; failure to exhaust administrative remedies to the extent they alleged administrative deficiencies to two of the individual employees’ claims; statute of limitations to the extent the defendant claimed the EEOC’s Title VII action was barred by the statute of limitations; lack of jurisdiction towards two of the individual employees’ claims; and unnamed defenses. The court denied summary judgement to the affirmative defenses of failure to state a claim and punitive damages to the extent those defenses raised substantive issues; failure to exhaust administrative remedies to the extent they related to one of the individual employee’s retaliation claim; statute of limitations to the extent the defense applied to any state tort claim being raised by the EEOC; lack of jurisdiction towards one of the individual employee’s claims; non-discriminatory reasons; privilege of an employer; failure to mitigate; laches; and the Nevada Industrial Insurance Act. 2015 WL 3467092.

On June 11, 2015, the EEOC filed a motion to amend the court’s June 1, 2015 opinion. The EEOC argued that the court should have granted summary judgment in its favor on more of the defendant’s affirmative defenses. On July 6, 2015, the court denied this motion towards the defendant’s affirmative defenses of privilege of employer, mitigation of damages, and proximate cause. The court granted summary judgement on the defendant’s affirmative defense of state law. 2015 WL 13505878.

On August 7, 2015, the parties proposed a pretrial order and scheduled a jury trial for April 4, 2016. But on February 17, 2016, the parties reached a settlement that was formally approved on March 1, 2016. Under the settlement, the defendants agreed to comply with the Civil Rights Act, to post a notice on the employee bulletin board regarding employment discrimination until February 2018, and to hold trainings in 2016 and 2017 for all employees concerning the discrimination and anti-retaliation provisions of Title VII. The defendants also agreed to pay the three remaining claimants a total of $30,000. Each party agreed to pay its own attorney fees and costs. The defendants denied all wrongdoing in agreeing to this settlement.

This case is now closed.

Kevin Wilemon - 05/28/2008
Hannah Greenhouse - 10/18/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Provide antidiscrimination training
Retaliation Prohibition
Training
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) GNLV Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2016 - 2018
Filing Year 2006
Case Closing Year 2016
Case Ongoing No
Docket(s)
09-­16640 (U.S. Court of Appeals)
EE-NV-0013-9001.pdf | Detail
Date: 06/10/2011
Source: PACER [Public Access to Court Electronic Records]
2:06-cv-01225-BES-PAL (D. Nev.)
EE-NV-0013-9000.pdf | Detail
Date: 03/01/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-NV-0013-0001.pdf | Detail
Date: 09/29/2006
Order [ECF# 31] (D. Nev.)
EE-NV-0013-0002.pdf | Detail
Date: 03/07/2008
Source: PACER [Public Access to Court Electronic Records]
Protective Order Governing Confidentiality of Documents [ECF# 33] (D. Nev.)
EE-NV-0013-0003.pdf | Detail
Date: 03/24/2008
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 59] (D. Nev.)
EE-NV-0013-0004.pdf | Detail
Date: 10/28/2008
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 110] (D. Nev.)
EE-NV-0013-0005.pdf | Detail
Date: 06/02/2009
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 135] (D. Nev.)
EE-NV-0013-0006.pdf | Detail
Date: 05/24/2010
Source: PACER [Public Access to Court Electronic Records]
Memorandum [Ct. of App. ECF# 137]
EE-NV-0013-0007.pdf | Detail
Date: 04/19/2011
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 160] (D. Nev.)
EE-NV-0013-0008.pdf | Detail
Date: 12/18/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 166] (2015 WL 3467092) (D. Nev.)
EE-NV-0013-0010.pdf | WESTLAW | Detail
Date: 06/01/2015
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 170] (2015 WL 13505878) (D. Nev.)
EE-NV-0013-0011.pdf | WESTLAW | Detail
Date: 07/06/2015
Source: PACER [Public Access to Court Electronic Records]
Final Order [ECF# 178-1] (D. Nev.)
EE-NV-0013-0009.pdf | Detail
Date: 02/24/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Jones, Robert Clive (D. Nev.)
EE-NV-0013-0004 | EE-NV-0013-0005 | EE-NV-0013-0006 | EE-NV-0013-0008 | EE-NV-0013-0010 | EE-NV-0013-0011 | EE-NV-0013-9000
Leen, Peggy A. (D. Nev.) [Magistrate]
EE-NV-0013-9000
Sandoval, Brian Edward (D. Nev.)
EE-NV-0013-9001
Plaintiff's Lawyers Coleman, Gail S. (District of Columbia)
EE-NV-0013-9001
Costas, Toby W. (Texas)
EE-NV-0013-0009 | EE-NV-0013-9000
Garcia, Lorena (California)
EE-NV-0013-9000
Liem, Connie (California)
EE-NV-0013-9000 | EE-NV-0013-9001
Mallik, Amrita (Hawaii)
EE-NV-0013-9000
Morrison, Angela D. (Nevada)
EE-NV-0013-9000
Naccarato, Elizabeth A (Nevada)
EE-NV-0013-9000
Noh, Sue J. (California)
EE-NV-0013-9000
Park, Ann Hyanghun (California)
EE-NV-0013-9000 | EE-NV-0013-9001
Seth, Devika (Texas)
EE-NV-0013-9000
Welsh, Blaine T (Nevada)
EE-NV-0013-9000
Wheeler, Carolyn L. (District of Columbia)
EE-NV-0013-9001
Defendant's Lawyers Abbott, Scott M (Nevada)
EE-NV-0013-9000
Creer, Richard T. (Nevada)
EE-NV-0013-9000
Keller, Edwin A Jr. (Nevada)
EE-NV-0013-9000
Kummer, Thomas F. (Nevada)
EE-NV-0013-9000
Perkins, Robert Edward (Texas)
EE-NV-0013-0009 | EE-NV-0013-9000
Rosenthal, Robert L. (Nevada)
EE-NV-0013-9000 | EE-NV-0013-9001
Sheehy, Richard A. (Texas)
EE-NV-0013-9000 | EE-NV-0013-9001
Swanis, Eric W. (Nevada)
EE-NV-0013-9000

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