Case: EEOC v. Harvest Medical Clinic, Inc.

2:04-cv-01821 | U.S. District Court for the District of Arizona

Filed Date: Aug. 31, 2004

Closed Date: Oct. 6, 2007

Clearinghouse coding complete

Case Summary

The EEOC's Phoenix office filed this suit on August 31, 2004 in the U.S. District Court for the District of Arizona. The EEOC alleged that defendant Harvest Medical Clinic, Inc. violated Title VII by discharging nine complainants because of their national origin, Hispanic. The case was settled in September 2005. The defendant agreed to pay the nine complainants a total of $190,000. The defendant also agreed to expunge the complainants' records, provide training and post notice of EEO rights during the 24 month consent decree.

The decree was entered in October 2005 and scheduled to last until October 2007. No further docket entries exist, so the case is closed.

Summary Authors

Jason Chester (2/28/2008)

Clearinghouse (11/25/2018)

Documents in the Clearinghouse

Document

2:04-cv-01821

Docket [PACER]

Oct. 6, 2005

Oct. 6, 2005

Docket
1

2:04-cv-01821

Complaint

Aug. 31, 2004

Aug. 31, 2004

Complaint

2:04-cv-01821

EEOC Litigation Settlement Report - September 2005

No Court

Sept. 14, 2005

Sept. 14, 2005

Press Release
36

2:04-cv-01821

Amended Consent Decree

Oct. 6, 2005

Oct. 6, 2005

Settlement Agreement

Resources

Docket

Last updated March 20, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MRB) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

2

STANDARD CIVIL TRACK INITIAL ORDER by Judge James A. Teilborg Plaintiff(s) shall effect service of the Complaint and Summons upon Defendants no later tha 120 days after the filing of the Complaint. IT IS FURTHER ORDERED once service is accomplished upon the Defendant(s) counsel for the Plaintiff(s) (or pro se Plaintff) shall notify the Court in writing when the parties are prepared for a Preliminary Scheduling Conference. IT IS FURTHER ORDERED full compliance with Rule 26(f) is expected prior to the date of the Rule 16 Scheduling Conference. (cc: all counsel) re: order filed [2-1] (LSP) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

3

RETURN OF SERVICE EXECUTED summons/complaint upon Scott Gragg, Office Manager for dft Harvest Medical Clinic on 9/16/04 (LSP) (Entered: 09/21/2004)

Sept. 17, 2004

Sept. 17, 2004

4

STIPULATION to extend time to answer complaint [1-1] by pla EEOC, dft Harvest Medical Clinic [4-1] (LSP) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

5

NOTICE by pla EEOC of service of Standard Civil Track Initial Order (LSP) (Entered: 09/29/2004)

Sept. 27, 2004

Sept. 27, 2004

6

ORDER by Judge James A. Teilborg granting stipulation to extend time up through and including 11/5/04 to answer complaint [1-1] by pla EEOC, dft Harvest Medical Clinic [4-1]. (cc: all counsel) (LSP) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

7

MOTION (Application) for Substitution of Defense Counsel with Consent to substitute attorney Jay A Zweig and Laura A Smith of Gallagher & Kennedy PA and replace Sid A Horwitz of Carmichael & Powell by dft Harvest Medical Clin [7-1] (SAT) (Entered: 10/28/2004)

Oct. 25, 2004

Oct. 25, 2004

8

ORDER by Judge James A. Teilborg upon Application for Substitution of Defense Counsel with Consent [7-1], IT IS ORDERED that Jay A Zweig and Laura A Smith of Gallagher & Kennedy PA shall be substituted as counsel of record for Defendant Harvest Medical Clinic Inc in the above-captioned matter in place and stead of Sid A Horwitz and the law firm of Carmichael & Powell; terminating attorney Sid Horwitz for Harvest Medical Clin and substituting attorney Jay A Zweig, Laura Ann Smith (cc: all counsel) (SAT) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

9

ANSWER to complaint [1-1] by dft Harvest Medical Clin (KCS) (Entered: 11/03/2004)

Nov. 2, 2004

Nov. 2, 2004

11

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge James A. Teilborg prel scheduling conf set for 10:30 1/24/05 (cc: all counsel) (KMG) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

12

ATTORNEY APPEARANCE for pla EEOC by Sandra J Padegimas, Michelle G Marshall (SRB) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

13

STIPULATION re exchange of disclosure statements by dft Harvest Medical Clin (SRB) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

14

ORDER by Judge James A. Teilborg granting stipulation re exchange of disclosure statements by dft Harvest Medical Clin; the parties will exchange Initial Rule 26(a) Disclosure Statements on 1/21/05 (cc: all counsel) (SRB) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

15

JOINT PROPOSED CASE MGT PLAN/REPORT: ; ; (SRB) (Entered: 01/14/2005)

Jan. 13, 2005

Jan. 13, 2005

16

MINUTE ENTRY before Judge James A. Teilborg . Crt Rptr: David German. Appearances: Michelle G. Marshall for pla. Jay A. Zweig for dft. Rule 16 prel scheduling conf held. discovry ddl: 11/18/05; dispositive mtn ddl: 1/6/06. Rule 16 Scheduling Order to follow. IT IS ORDERED allowing 15 depositions for each side. [cc: JAT] [16-2] (TLB) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

17

RULE 16 SCHEDULING ORDER by Judge James A. Teilborg ; discovery due 11/18/05 ; dispositive motions due 1/6/06 (cc: all counsel) re: order (scheduling) [17-1] (SRB) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

18

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Harvest Medical Clin (SRB) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

19

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (SRB) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

20

NOTICE of service of discovery by dft Harvest Medical Clin . (SRB) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

21

JOINT MOTION AND STIPULATION to extend time to respond to discovery requests to and including 3/29/05 by pla EEOC, dft Harvest Medical Clin (SRB) (Entered: 03/01/2005)

Feb. 25, 2005

Feb. 25, 2005

22

ORDER by Judge James A. Teilborg granting stipulation to extend time to respond to discovery requests to and including 3/29/05 by pla EEOC, dft Harvest Medical Clin (cc: all counsel) (SRB) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

23

NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 03/31/2005)

March 29, 2005

March 29, 2005

24

NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 03/31/2005)

March 29, 2005

March 29, 2005

25

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (SRB) (Entered: 04/05/2005)

April 1, 2005

April 1, 2005

26

NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 04/05/2005)

April 1, 2005

April 1, 2005

28

NOTICE of service of discovery by pla EEOC . (MAP) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

29

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (MAP) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

30

Joint MOTION for Extension of Time For Discovery Deadlines by Equal Employment Opportunity Commission. (Marshall, Michelle) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

31

ORDER granting 30 Motion for Extension of certain Discovery Deadlines; Discovery due by 1/27/2006. Dispositive motions due by 2/3/2006. Signed by Judge James A. Teilborg on 8/10/05. (LSP) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

32

Joint MOTION to Approve Consent Judgment (Consent Decree) by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Marshall, Michelle) Modified on 9/14/2005 (TLJ, ). (DOCUMENT FILED WITH INCORRECT CASE NUMBER) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

33

CONSENT JUDGMENT . Signed by Judge James A Teilborg on 9/14/05. (MAP, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

34

NOTICE TO FILER OF DEFICIENCY re 32 Joint MOTION to Approve Consent Judgment (Consent Decree) filed by Equal Employment Opportunity Commission,. Description of deficiency: wrong case number. (TLJ, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

35

ERRATA re 33 Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Amended Consent Decree)(Marshall, Michelle) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

36

AMENDED CONSENT JUDGMENT Signed by Judge James A Teilborg on 10/4/05. (LSP) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

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: Aug. 31, 2004

Closing Date: Oct. 6, 2007

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

Harvest Medical Clinic, Inc. (Phoenix), 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: 190000

Order Duration: 2005 - 2007

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian