IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. COLORADO BOULEVARD MOTORS, INC. d/b/a MIKE SHAW CHEVROLET, INC.,
Defendant. ______________________________________________________________________________
COMPLAINT and JURY TRIAL DEMAND ______________________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action to correct (1) the unlawful employment practice of maintaining a hostile work environment based on gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and (2) the unlawful employment practice of retaliating against employees for complaining about discrimination, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3. This action seeks to provide appropriate relief to Charging Party and similarly situated individuals adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendant, Colorado Boulevard Motors, Inc. d/b/a Mike Shaw Chevrolet (“Mike Shaw”) has discriminated against Charging Party and similarly situated individuals, because of their gender, female, by subjecting them to sexual harassment and a hostile work environment, by failing to take prompt

remedial action intended to eliminate the sexual harassment, and by retaliating against them for

complaining about the hostile work environment, all in violation of Title VII.

JURISDICTION AND VENUE

1.

Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Sections 703(a), 704,

706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§

2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of

1991, 42 U.S.C. §1981a.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court, District of Colorado.

PARTIES

3.

Plaintiff EEOC is the agency of the United States of America charged with the

administration, interpretation and enforcement of Title VII, and is expressly authorized to bring

this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

4.

At all relevant times, Defendant has continuously been and is now doing

business in the State of Colorado and has continuously had at least fifteen (15) employees.

5.

At all relevant times, Defendant has continuously been an employer engaged

in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title

VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).

6.

The female employee who filed the charge of discrimination with the EEOC

will be hereafter referred to as “Archer.”

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STATEMENT OF CLAIMS

7.

More than thirty days prior to the institution of this lawsuit, Barbara Archer, a

female former employee of Defendant, filed a charge of discrimination with the EEOC alleging

violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit

have been fulfilled.

First Claim: Sexual Harassment

8.

Since at least 1998, Defendant has engaged in unlawful employment practices

at its Colorado Boulevard, Denver, Colorado location, in violation of section 703(a) of Title VII,

42 U.S.C. §2000e-2(a), by allowing its employees, including but not limited to several

management-level officials, including General Manager Dan Johnson (“Johnson”) and Sales

Managers Tom Marsh (“Marsh”), Clay Collins (“Collins”), and Kenneth Gregory (“Gregory”),

to sexually harass Archer and other female employees. This harassment altered the terms and

conditions of employment and created a hostile work environment for Archer and other

employees.

9.

The unlawful sexual harassment was partially physical in nature.

10.

The physical sexual harassment included, but was not limited to, the following

acts:

(a)

groping and attempting to grope the breasts and buttocks of female

employees;

(b)

sniffing female employees’ necks;

(c)

slapping female employee’s buttocks; and

(d)

playing “spin the bottle” and engaging in heavy kissing, oral sex,

3

and other sexual conduct at office functions.

11.

The unlawful sexual harassment was partially verbal in nature.

12.

The verbal harassment included, but was not limited to, the following acts:

(a)

references to female employees as “bitch” and “party girl” on a

regular basis in the workplace and office functions;

(b)

asking female employees if their nipples were hard;

(c)

discussions about genitals and sexual activity, including the use of

stuffed animals to demonstrate various sexual positions.

13.

The offensive sexual conduct was sufficiently severe or pervasive as to alter

the terms and conditions of employees subjected to the conduct.

14.

The offensive sexual conduct in the workplace initiated and/or participated in

by Mike Shaw employees, including but not limited to managers, constitutes sexual harassment.

15.

The sexual harassment in the work place created a hostile work environment

based on gender.

16.

Defendant was aware of the sexual harassment and that some managers

participated in the harassment.

17.

Defendant failed to take reasonable measures to prevent and promptly correct

sexual harassment in the workplace. Defendant violated its own sexual harassment policy by its

inaction.

18.

Defendant engaged in a pattern or practice of tolerating a sexually hostile

work environment.

19.

The effect of the events described above, including the sexual harassment by

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managers and Defendant’s failure to promptly and adequately respond to employee complaints

of sexual harassment pursuant to its sexual harassment policies and procedures, has been to

deprive Archer and other similarly situated individuals of equal employment opportunities.

20.

The unlawful employment practices described above were intentional.

21.

The unlawful employment practices described above were done with malice

or with reckless indifference to the federally protected rights of Archer and other similarly

situated individuals.

Second Claim: Retaliation

22.

Plaintiff realleges the foregoing paragraphs 1 to 21 of this Complaint.

23.

Since at least 2001, Defendant has engaged in unlawful employment practices

at its Colorado Boulevard, Denver, Colorado location, in violation of section 704(a) of Title VII,

42 U.S.C. §2000e-3, by retaliating against employees for complaining about discrimination

and/or refusing to participate in sexual harassing activities.

24.

Plaintiff asserts that Archer and other similarly situated employees engaged in

protected activities in that they opposed the sexual harassment, refused to participate, and

complained to managers about the sexual harassment and the hostile work environment.

25.

The retaliatory acts included, but were not limited to:

(a)

managers physically pursuing and assaulting female employees

who refuse to participate in sexual activity at office functions;.

(b)

assigning more difficult work assignments and sales deals to

female employees who complained about sexual harassment and/or

refused to participate in sexual activity at the dealership or office

5

functions, while at the same time promoting a female employee

after she engaged in oral sex with the managers;

(c)

after Archer complained to management about the sexual

harassment, Defendant rewarded a female employee who

participated in sexual harassment with vacation time and shorter

work weeks; and

(d)

after Archer complained to management about sexual harassment

and refused to participate in sexual banter, management advised

female employees that employment decisions would be based on

personal relationships rather than job performance and merit.

26.

After Archer and other similarly situated employees engaged in these

protected activities, the sexual harassment and hostile work environment escalated. As a

result, Archer and several other female employees were constructively discharged.

27.

The effect of the practices complained of in the paragraphs above has been to

deprive Archer and similarly situated employees of equal employment opportunities

based on their gender.

28.

The unlawful employment practices complained of in the paragraphs above

were intentional.

29.

The unlawful employment practices complained of herein were done with

malice or with reckless indifference to the federally protected rights of Archer and

similarly situated employees.

30.

Defendant failed to take reasonable measures to prevent retaliation against

6

female employees by management.

31.

Defendant retaliated against Archer and other female employees for

complaining about the sexual harassment and/or for not participating in the sexual banter in the

workplace.

Third Claim: Discharge/Constructive Discharge

32.

Plaintiff realleges the foregoing paragraphs 1 to 31 of this Complaint.

33.

Since at least 2003, Defendant has engaged in unlawful employment practices

at its Colorado Boulevard, Denver, Colorado location, in violation of section 703(a) of Title VII,

42 U.S.C. §2000e-2(a), by creating and condoning a severe and pervasive hostile work

environment based on gender and failing to take immediate action, thereby resulting in the

discharge and/or constructive discharge of Archer and other female employees.

34.

Plaintiff asserts that, as a result of the sexual harassment and retaliatory

actions stated above, Archer and similarly situated employees who complained and/or refused to

participate in the sexual harassment felt they had no choice but to resign.

35.

Archer felt she had no choice but to resign from her position as Finance

Manager on or about October 31, 2003.

36.

When Archer tendered her two-week notice on October 31, 2003, Mike Shaw

terminated Archer’s employment that same day.

37.

Based on information and belief, at least two other female employees also

resigned based on the sexual harassment and hostile work environment.

38.

Based on information and belief, one female employee resigned after

Defendant fabricated a customer complaint against her after the employee refused to participate

7

in the sexual harassment.

39.

Based on information and belief, another female employee wrote a letter to

Mike Shaw (Owner) upon her resignation to complain about the hostile work environment at the

dealership.

40.

The effect of the practices complained of in the paragraphs above has been to

deprive Archer and similarly situated employees of equal employment opportunities based on

their gender.

41.

The unlawful employment practices complained of in the paragraphs above

were intentional.

42.

The unlawful employment practices complained of herein were done with

malice or with reckless indifference to the federally protected rights of Archer and similarly

situated employees.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, Colorado Boulevard Motors,

Inc. d/b/a Mike Shaw Chevrolet, Inc., its officers, successors, assigns, and all persons in active

concert or participation with it, from engaging in any employment policy or practice which

creates a sexually hostile work environment or otherwise discriminates on the basis of gender,

and from retaliating against employees who complain about discrimination;

B. Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for women, and which eradicate the effects of its past

unlawful employment practices, including retaliation;

8

C. Order Defendant to make whole Charging Party and similarly situated individuals, by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Defendant to make whole Charging Party and similarly situated individuals, by reinstating them in their previously held positions or the equivalent thereof or, in the alternative, by providing appropriate front pay in amounts to be determined at trial;
E. Order Defendant to make whole Charging Party and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above;
F. Order Defendant to make whole Charging Party and other similarly situated individuals, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation;
G. Order Defendant to pay Charging Party and other similarly situated individuals punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
H. Order Defendant and its successors to provide training to its officers, managers and employees regarding discriminatory harassment and retaliation in the workplace;
I. Grant such further relief as the Court deems necessary and proper in the public interest; and
J. Award the Commission its costs in this action.
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JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Dated: March 31, 2006

Respectfully submitted,

JAMES L. LEE Deputy General Counsel

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

MARY JO O’NEILL Regional Attorney Phoenix District Office

s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney EEOC Denver Area Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 Nancy.weeks@eeoc.gov 303-866-1947

ANJULI KELOTRA Trial Attorney Anjuli.kelotra@eeoc.gov 303-866-1378

KIM R. ROGERS (LEAD ATTORNEY) Trial Attorney Kim.rogers@eeoc.gov (303) 866-1361

PLEASE NOTE: For the purposes of service upon the EEOC, it is sufficient that pleadings, notices, and court documents be served upon the Trial Attorneys.

10

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF and BARBARA ARCHER PROPOSED INTERVENING PLAINTIFF,
V.
COLORADO BOULEVARD MOTORS, INC., D/B/A MIKE SHAW CHEVROLET, INC. DEFENDANT.
COMPLAINT OF INTERVENING PLAINTIFF BARBARA ARCHER AND JURY DEMAND
Intervening Plaintiff, Barbara Archer, through counsel, states for her complaint as follows:
I. JURISDICTION, VENUE~ AND NATURE OF CASE 1. The Equal Employment Oppommity Commission has brought suit against Colorado
Boulevard Motors, Inc., doing business as Mike Shaw Chevrolet, Inc. ("Mike Shaw Chevrolet") for (1) maintaining a hostile work environment based on gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e: et seq ("Title VII"), and Title I oft, he Civil Rights Act of 1991, 42 U.S.C. § 1981a, and (2) retaliating against employees for complaining about discrimination in violation of Title VII of the Civil Rights Act OF 1964 as amended, 42 U.S.C. § 2000e-3. Ms. Archer is the charging person referred to in the EEOC’s complaint and is the person who filed the charge of discrimination with the EEOC.

Jurisdiction of this court is proper under 28 U.S.C. §§ 1331, 1337, and 1343. Venue is appropriate here, because the unlawful employment practices at issue here occurred within the jurisdiction of the United States District Court, District of Colorado. All conditions precedent to the filing of this lawsuit have occurred or have otherwise been satisfied.
II. PARTIES Barbara Archer, a female, is a natural person, who was employed by Mike Shaw Chevrolet from approximately May 1998 through October 2003. Mike Shaw Chevrolet is a Colorado Corporation that has continuously and is currently engaged in business in Colorado and continuously and currently employed at least fifteen (15) employees. At all times relevant to this complaint, Shaw Chevrolet has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42. U.S.C. §§ 2000e-(b), (g), and (h). The EEOC is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and brought a complaint against Shaw Chevrolet, pursuant to the Sections 706(f)(1) and 706(0(3) of Title VII, 42 U.S.C. §§ 42.U.S.C. §§ 2000e-5(f)(1)and (3).
STATEMENT OF CLAIMS First Claim for Relief (Sexual Harassment)
7. Ms. Archer incorporates all previous allegations.

At all relevant times, but since at least May 1998 and through at least October 2003, when Ms. Archer separated from Mike Shaw Chevrolet, Mike Shaw Chevrolet engaged in unlawful employment practices at its automobile dealership located at 1080 South Colorado Boulevard, Glendale, Colorado, in violation of section 703(a) of Title VII, 42, U.S.C. §2000E-2(a). Specifically, Mike Shaw Chevrolet allowed its employees, including but not limited to top-level management employees, to wit, General Manager Dan Johnson ("Johnson") and Sales Mangers Tom Marsh ("Marsh"), Clay Collins ("Collins"), and Kenneth Gregory ("Gregory") to sexually harass Ms. Archer and other female employees. The tmlawful sexual harassment to which Ms. Archer was exposed was partially physical in nature and included, but was not limited to the following: a. groping and attempting to grope the breasts and buttocks of female employees; b. sniffing female employees’ necks; c. slapping female employee’s buttocks; and d. playing "spin the bottle" and engaging in heavy kissing, oral sex, and other sexual
conduct at office functions. I0. The unlawflal sexual harassment to which Ms. Archer was exposed was partially verbal in
nature, and included, but was not limited to the following acts: a. referring to female employees as either "bitches", "party girls", or both on a
regular basis, both at the work place and at office functions; b. asking female employees if their nipples were hard; c. discussing genitals and sexual activity, including the use of stuffed animals to
demonstrate various sexual positions;

d. permitting company demonstrator vehicles to be used for sexual activities, including oral sex; and
e. simulating sexual intercourse with and in the presence of Ms. Archer and other Mike Shaw Chevrolet employees.
1t. The offensive sexual conduct described above was sufficiently severe or pervasive as to alter the terms and conditions of Ms. Archers’ employment.
12. The offensive sexual conduct in the workplace initiated and participated in by Mike Shaw Chevrolet employees, including managerial level employees, constitutes sexual harassment.
I3. The sexual harassment perpetrated by Mike Shaw Chevrolet created a hostile work environment based on gender.
14. Mike Shaw Chevrolet was aware of the sexual harassment and that some of its managers and employees had participated in the harassment.
15. Mike Shaw Chevrolet failed to take reasonable measures to prevent and promptly correct sexual harassment in the workplace, and by its actions, or inactions, violated its own sexual harassment policy.
16. Mike Shaw Chevrolet engaged in a pattern or practice of tolerating a sexually hostile work environment.
17. The unlawful employment practices described above were intentional and were done with malice or with reckless indifference to Ms. Archer’s federally protected rights.
18. As a result of the sexual harassment by Mike Shaw Chevrolet, its managers, and its employees, and as a result of Mike Shaw Chevrolet’s failure to respond promptly and adequately to employee complaints of sexual harassment pursuant to its sexual

harassment policies and procedures, Ms. Archer has been deprived of equal employment oppommities.
Second Claim for Relief (Retaliation)
Plaintiff incorporates all previous allegations. Since at least 2001, Mike Shaw Chevrolet has engaged in unlawful employment practices at its automotive dealership, in violation of section 704(a) of Title VII, 42 U.S.C. § 2000e-3, by retaliating against Ms. Archer, as well as other employees, for complaining about discrimination or refusing to participate in sexual harassing activities or both. 21. Ms. Archer engaged in protected activities when she opposed the conduct which constituted sexual harassment or which she reasonablely believed constituted unlawfal sexual harassment, and when she refused to participate in and complained to managers of Mike Shaw Chevrolet about the sexual harassment and the hostile work environment. 22. The retaliatory acts included, but were not limited to: a. managers physically pursuing and assaulting Ms. Archer when she refused to
participate in sexual activity at office functions; b. assigning Ms. Archer more difficult work assignments and sales deals because she
complained about sexual harassment and refused to participate in sexual activity at the dealership or office fimctions, while at the same time promoting another female employee after she engaged in oral sex and other sexual activity with the managers;

c. rewarding a female employee who participated in sexual harassment with vacation time and shorter work weeks, while denying Ms. Archer similar benefits after she complained to management about the sexual harassment;
d. after Ms. Archer complained to management about sexual harassment and refused to participate in sexual banter and other conduct that created a hostile work environment, being advised that Mike Shaw Chevrolet’s employment decisions would be based on "personal relationships" rather than job performance and merit; and
e. while Ms. Archer was employed with Mike Shaw Chevrolet, giving false statements to prospective employers, about Ms. Archer job history or job performance, which statements Mike Shaw Chevrolet knew were false and which were made in retaliation for Ms. Archer complaining about and refusing to participate in sexual harassment and other conduct that created a hostile work environment.
23. Mike Shaw Chevrolet retaliated against Ms. Archer for complaining about the sexual harassment and for refusing to participate in the sexual banter at the dealership.
24. After Ms. Archer engaged in these protected activities, the sexual harassment and ho’stile work environment escalated, resulting in the constructive discharge of Ms. Archer.
25. As a direct result of the practices set forth above, Ms. Archer has been deprived of equal opporturfities based on her gender and her exercise of protected activities. The unlawflxl employment practices complained of above were intentional. The unlawfifl employment practices complained of here were done with malice or reckless indifference to Ms. Archer’s federally protected rights.

28. Mike Shaw Chevrolet failed to take reasonable measure to prevent retaliation against Ms. Archer by management.
Third Claim for Relief (Discharge/Constructive Discharge) Ms. Archer incorporates all previous allegations. As described above, Mike Shaw Chevrolet created and condoned a severe and pervasive hostile work environment based on gender and failed to take immediate action to end the hostile work environment, retaliation, and other unlawful employment practices as set forth herein. 31. In October 31, 2003, as a result of the conduct set forth above, Ms. Archer felt she had no choice but to resign from her position as Finance Manager. Her separation constituted a constructive discharge, since Ms. Archer’s separation was the result of the intolerable hostile work environment, retaliation, and sexual harassment occurring at Mike Shaw Chevrolet. Although Ms. Archer gave two weeks notice, Mike Shaw Chevrolet terminated her employment that day. 32. The effect of the conduct described above has been to deprive Ms. Archer of equal employment oppommities based on her gender. The unlawful employment practices described above were intentional. The unlawful employment conduct described above were done with malice or with reckless indifference to Ms. Archer’s federally protected rights.
PRAYER FOR RELIEF WHEREFORE, Ms. Archer requests that the Court:

A. Order Defendant to make Ms. Archer whole by providing appropriate back pay to compensate her for lost wages, benefits, and employment oppommities in an amount to be determined at trial, and such further relief as may be necessary to eradicate the effects of Defendant’s unlawful employment practices;
Order Defendant to pay Ms. Archer front pay in an amount to be determined at trial.
C. Order Defendant to make Ms. Archer whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described herein;
D. Order Defendant to make Ms. Archer whole by compensating her for past, present, and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, humiliation, and other emotional distress, in an amount to be determined at trial;
E. Order Defendant to pay Ms. Archer punitive damages for the malicious and reckless conduct described above, in an amount to be determined at trial;
F. Permanently enjoin Defendant from engaging in unlawful employment practices; G. Require Defendant to institute policies, practices and programs to prevent urdawful employment practices in the future and to eradicate the effects of its past unlawful employment practices, including training of its officers, managers, and employees regarding harassment and retaliation in the workplace; H. Award Ms. Archer pre-judgment and post-judgment interest in the this action, together with reasonable expert wimess fees as provided b~, law; I. Award Ms. Archer reasonable attorney fees and costs as provided under Title VII;
and

J. Enter such further relief as Ms. Archer may request or which the court deems reasonable, necessary, or appropriate.
Respectfully Submitted this 14t~ day of July, 2006.
s/Patrick D. Tooleg Patrick D. Tooley, # 15273 Dill Dill Carr Stonbraker & Hutchings, P.C. 455 Sherman Street, Suite 300 Denver, CO 80203 Telephone: (303) 777-3737 FAX: 303-777-3823 E-mail: pdtooley@dillanddill.com Attorney for Ms. Archer

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael J. Watanabe

Civil Action No. 06-cv-00591-LTB-MJW

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff(s),

v.

COLORADO BOULEVARD MOTORS, INC.,

Defendant(s).

MINUTE ORDER

It is hereby ORDERED that Defendant’s Motion to Compel EEOC to Produce Documents which Substantiate the Information Contained in EEOC’s First Supplemental Disclosures (docket no. 35) is DENIED WITHOUT PREJUDICE.
The subject of this motion involves disclosure of form letters and/or other documents that the EEOC received back from each of the alleged class members. Here, the court finds that Defendant did not seek discovery of such form letters and/or other documents via a request for production of documents pursuant to Fed. R. Civ. P. 34. Instead, Defendants sought such form letters and/or other documents informally via letter correspondence. In response, the EEOC argues that such form letters and/or other documents are privileged and protected under the attorney-client privilege. Under these facts, this court concludes that Defendant has failed to seek such form letters and/or other documents per Rule 34 which is the formal and appropriate discovery device to obtain such documents. Such rule allows the responding party to provide a privilege log if the responding party believes that such documents being requested are protected and are thus non-discoverable. In such a case, the requesting party can thereafter ask this court to compel such disputed documents and this court would have the ability to review such documents and such privilege log, in camera, to make a determination of whether or not such documents are covered by the attorneyclient privilege.
It is FURTHER ORDERED that Plaintiff’s Motion to Extend Time for Expert Disclosures (docket no. 41) is DENIED. Plaintiff has failed to demonstrate any factual or legal basis as to why Plaintiff could not meet the expert disclosure deadlines set by this court at the Rule 16 Scheduling Conference.
Date: March 7, 2007

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. COLORADO BOULEVARD MOTORS, INC., Defendant.
ORDER REGARDING DEFENDANT’S MOTION TO COMPEL PLAINTIFF EEOC TO RESPOND TO DEFENDANT’S FIRST SET OF INTERROGATORIES (DOCKET NO. 37)
MICHAEL J. WATANABE United States Magistrate Judge
This matter is before the court on Defendant’s Motion to Compel Plaintiff EEOC to Respond to Defendant’s First Set of Interrogatories (docket no. 37). The court has reviewed the motion and response (docket nol. 45). In addition, the court has taken judicial notice of the court’s file and has considered applicable Federal Rules of Civil Procedure and case law. The court now being fully informed makes the following findings of fact, conclusions of law, and order.
Defendant seeks an order from the court compelling Plaintiff (“EEOC”) to respond fully to Defendant’s interrogatories 9 through 12, inclusive, and all subparts and further seeks an award of attorney fees and costs for the subject motion. In support of this motion, Defendant argues that it has not exceeded the number of

2 interrogatories permitted under the Rule 16 Scheduling Order and further argues that the subparts (i.e., subsequent questions within a single interrogatory) are subsumed and related, and such subparts should not be counted as separate interrogatories under Fed. R. Civ. P. 33. See Kendall v. GES Exposition Services, Inc., 174 F.R.D. 684, 685 (D. Nev. 1997).
EEOC objects to a portion of Defendant’s interrogatory number 9 and also objects to Plaintiff’s interrogatories numbered 10 through 12, inclusive, on the grounds that such interrogatories exceed the number of interrogatories of twenty-five (25) as outlined in the Rule 16 Scheduling Order and as further outlined in Fed. R. Civ. P. 33(a). In essence, the EEOC contends that each of the subparts of interrogatories that Defendant has served on the EEOC constitutes at least one interrogatory according to the standards of Fed. R. Civ. P. 33. Williams v. Board of County Comm’rs, 192 F.R.D. 698, 701 (D. Kan. 2000) (quoting Advisory Committee Note, 146 F.R.D. 401, 675-76 (Fed. 1993)).
Here, the court finds that the subparts to the subject interrogatories in dispute are related to a common theme with the exceptions of subparts in interrogatories 6(d), 9(f), and 12(b), but even if this court were to count such subparts 6(d), 9(f), and 12(b) as separate interrogatories, that would place the number of interrogatories propounded by Defendant to fifteen (15). Lastly, the court finds that to award attorney fees and costs under the circumstances surrounding this discovery dispute would be unjust under Fed. R. Civ. P. 37(a)(4)(A).

3 ORDER WHEREFORE, based upon these findings of fact and conclusions of law, this court ORDERS: 1. That Defendant’s Motion to Compel Plaintiff EEOC to Respond to Defendant’s First Set of Interrogatories (docket no. 37) is GRANTED IN PART AND DENIED IN PART; 2. That the motion is GRANTED insofar as Plaintiff EEOC shall provide answers to Defendant’s interrogatories 9 through 12, inclusive, on or before March 23, 2007; and, 3. That the motion is DENIED as to an award of attorney fees or costs. Done this 13th day of March 2007.
BY THE COURT s/ Michael J. Watanabe Michael J. Watanabe U.S. Magistrate Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. COLORADO BOULEVARD MOTORS, INC., Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION OF MAGISTRATE JUDGE WATANABE’S MINUTE ORDER DATED MARCH 7, 2007
(DOCUMENT 48) ENTERED BY MAGISTRATE JUDGE MICHAEL J. WATANABE
This matter came on for hearing on April 3, 2007 on Defendant Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet, Inc.’s Motion for Reconsideration of Magistrate Judge Watanabe’s Minute Order dated March 7, 2007 (document 44), as it relates to Defendant’s Motion to Compel (document 35). The Court has considered the motion and oral argument. In addition, the Court has taken judicial notice of the Court’s file and has considered applicable Federal Rules of Civil Procedure. The court now being fully informed makes the following findings of fact, conclusions of law and order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Colorado Boulevard Motors, Inc., filed a Motion to Compel EEOC to Produce Documents which Substantiate the Information Contained in EEOC’s First Supplemental Disclosures on February 13, 2007 (document 35). EEOC filed a Response to Defendant’s Motion to Compel on March 5, 2007 (document 42).

2 Defendant’s Reply to Plaintiff’s Motion was not due until March 25, 2007. However, on March 7, 2007, Magistrate Judge Watanabe entered an Order Denying Defendant’s Motion WITHOUT PREJUDICE, based on representations contained within EEOC’s Response to Defendant’s Motion to Compel (document 42). As explained in Defendant’s Motion for Reconsideration, Defendant sent Requests for Production of Documents seeking the records that were at issue in Defendant’s Motion to Compel (document 35). Said Request for Production of Documents was sent to EEOC on January 23, 2007. Thus the argument raised in EEOC’s Response to Defendant’s Motion to Compel EEOC to Produce Documents which Substantiate the Information Contained in EEOC’s First Supplemental Disclosures is contrary to the facts of the discovery in this case, and was a blatant misrepresentation to the Court. Because of the misrepresentation made by EEOC, the Court incorrectly denied Defendant’s Motion to Compel.
ORDER WHEREFORE, based upon these findings of fact and conclusions of law, this Court ORDERS: (1) That Defendant’s Motion for Reconsideration of Magistrate Judge Watanabe’s Minute Order dated March 7, 2007 (document 44), as it relates to Defendant’s Motion to Compel, is GRANTED. (2) That EEOC shall produce copies of all records which substantiate the representations made in the EEOC’s First Supplemental Disclosures, that each of the

3 women identified in its Supplemental Disclosures, have sought legal advice from EEOC or sought EEOC to proceed on their behalf and have requested to be considered members of the class on or before April 16, 2007.
(3) That such documents concerning Barbara Archer do not have to be produced under this Order.
(4) That Defendant is awarded reasonable and necessary attorney fees and costs for having to file this motion. The parties shall meet forthwith to see if the amount of attorney fees and costs can be stipulated. If the parties are able to stipulate to the amount of attorney fees and costs, then the parties shall file such stipulation with the Court. If the parties are unable to stipulate to the amount of attorney fees and costs, then the Defendant shall have up to and including April 20, 2007, to file its itemized affidavit for attorney fees and costs. The Plaintiff shall have until April 30, 2007, to file its response to Defendant’s affidavit for attorney fees and costs. If a response is filed, then Defendant shall have up to and including May 10, 2007, to file any reply to Plaintiff’s response.
Done this 5th day of April, 2007. By the Court:

Date: April 5, 2007

s/ Michael J. Watanabe Michael J. Watanabe U.S. Magistrate Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-00591-LTB-MJW
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BARBARA ARCHER,
Intervening Plaintiff,
v.
COLORADO BOULEVARD MOTORS, INC., d/b/a MIKE SHAW CHEVROLET, INC.,
Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE MICHAEL J. WATANABE
It is hereby ORDERED that Defendant’s Motion to Compel Class Members to Respond to Written Discovery (docket no. 69) is DENIED. Plaintiff EEOC has provided to Defendant discovery responses for Jenny Ewart, Mallory Archer and Kathryn Angello who are the only three (3) remaining members of the class. See Plaintiff EEOC’s Response docket no. 77 on pages 1-2.
It is FURTHER ORDERED that a motions hearing is set before Magistrate Judge Watanabe on June 4, 2007, at 8:30 a.m. At this motions hearing, the court will hear oral argument on Defendant’s Motion to Dismiss Class Member Mallory Archer from the Case or in the Alternative, Motion to Compel Class Member Mallory Archer to Cooperate with Scheduling Her Deposition and to Appear for her Deposition (docket no. 72). Plaintiff and Defendant shall meet forthwith to see if the deposition of Ms. Archer can be set within the discovery cut off date. If not, then Plaintiff shall be prepared to inform this court of dates in which Ms. Archer can have her deposition taken at the motions hearing.
Date: May 22, 2007

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF, and BARBARA ARCHER INTERVENING PLAINTIFF v. COLORADO BOULEVARD MOTORS, INC., DIBIA MIKE SHAW CHEVROLET, INC. DEFENDANT.
ORDER GRANTING COLORADO BOULEVARD MOTORS, INC., D/BIA MIKE SHAW CHEVROLET, INC.'s MOTION TO COMPEL EEOC TO RESPOND TO
If-q ) DEFENDANT'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
C\:htvlc.-vt tl 0
The Court, having reviewed: Defendant's Motion to Compel EEOC to Respond to Defendant's Second Set of Requests for Production of Documents, filed on On March 15,2007; EEOC's Response to Defendant's Motion to Compel EEOC to Respond to Defendant's Second Set of Requests for Production of Documents was filed on April 9, 2007; and, Defendant's Reply in Support of its Motion to Compel EEOC to Respond to Defendant's Second Set of Requests for Production of Documents filed on April 23, 2007, and finding good cause has been shown, hereby orders:
I

EEOC is ordered within 14 days from the date of this Order to produce a complete copy

of all letters or any other written communication it sent to current or former employees of

Colorado Boulevard Motors, Inc., from January I, 2005 to the present. If EEOC cannot retrieve

copies of each of those letters, it must: provide a written explanation as to why it did not save

each of those letters and cannot retrieve them; and produce a complete list of the names and

addresses of each current or former employee to whom EEOC sent a Notice of Class Litigation

or any other written communication. Defendant is awarded its attorney fees and costs for having

to file its Motion to Compel EEOC to Respond to Defendant's Second Set of Requests for

Production of Documents; for preparation of its Reply; and for preparation and attendance at any
.(; :r.:+t. "" , L ut
Hearing on these Motions. Defendant shall file an~Affidavit of Attorney Fees and Costs to the

J I , Court no later than u ~

2007. tfj

Order entered this _ 1-2_.. HGay ofW~I,~ 2007.

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BY THE COURT:

Pr 1+, J. fI" ,J, 0... ,A- i-h, " I
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Michael J. W UNITED STA ES MAGISTRATE JUDGE DISTRICT OF COLORADO

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2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE
Civil Case No. 06-cv-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and BARBARA ARCHER,
Intervening Plaintiff, v. COLORADO BOULEVARD MOTORS, INC., d/b/a MIKE SHAW CHEVROLET, INC.,
Defendant. ________________________________________________________________________
ORDER ________________________________________________________________________
This case is before me on the Recommendation of the Magistrate Judge issued and served on June 4, 2007 recommending that Defendant’s Motion to Dismiss Class Member Mallory Archer From the Case or In the Alternative, Motion to Compel Class Member Mallory Archer to Cooperate With Scheduling Her Deposition and Appear for Her Deposition (Doc 72) be denied in part, specifically that the portion of the motion requesting dismissal of Mallory Archer from the case be denied. The Magistrate Judge further addressed specifically further discovery disputes between the parties.
As to the recommendation, the parties have failed to file timely written objections to the recommendation and are therefore barred from de novo review. I note that no timely review of the discovery orders was sought by either party. Accordingly

IT IS ORDERED that Defendant’s Motion to Dismiss Class Member Mallory Archer (Doc 72) is DENIED.
BY THE COURT:

DATED: June 19, 2007

s/Lewis T. Babcock Lewis T. Babcock, Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Case No. 06-cv-00591-LTB-MJW
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
and
BARBARA ARCHER, Intervening Plaintiff,
v.
COLORADO BOULEVARD MOTORS, INC., d/b/a MIKE SHAW CHEVROLET, INC., Defendant.
________________________________________________________________________
ORDER ________________________________________________________________________

Upon the Stipulated Motion to Dismiss With Prejudice (Doc 121 - filed July 17, 2007), it is
ORDERED that this matter is DISMISSED WITH PREJUDICE between Intervening Plaintiff Barbara Archer and Defendant herein, each party will pay its own costs and attorney fees.
This Order shall have no bearing on the claims between Plaintiff EEOC and Defendant Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet, Inc.
BY THE COURT:

DATED: July 18, 2007

s/Lewis T. Babcock Lewis T. Babcock, Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-CV-00591-LTB-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, And BARBARA ARCHER,
Plaintiff Intervenor, v. COLORADO BOULEVARD MOTORS, INC. d/b/a MIKE SHAW CHEVROLET, INC.
Defendant. ______________________________________________________________________________
AMENDED CONSENT DECREE
I. RECITALS 1. This matter was instituted by Plaintiff, Equal Employment Opportunity Commission (“Commission” or “Plaintiff” or “EEOC”), an agency of the United States government, alleging that, Defendant Colorado Boulevard Motors, Inc. d/b/a Mike Shaw Chevrolet, Inc. (“Defendant”) discriminated against Barbara Archer and three other female employees by maintaining a hostile work environment based on gender. 2. The Commission and Defendant, desiring to settle this action by an appropriate Consent Decree (“Decree”), agree to the jurisdiction of this Court over the parties and the subject matter of this action, and agree to the power of this Court to enter a Consent Decree enforceable
Page 1 of 11

against the Parties hereto. 3. This Decree is final and binding upon the parties as to the issues resolved. 4. The parties agree that this Consent Decree fairly resolves the issues alleged in this
lawsuit, and constitutes a complete resolution of all of the Commission’s claims of unlawful employment practices under Title VII that arise from the charge of discrimination filed by Barbara Archer, Charge No. 320-2004-01360.
5. For the purpose of amicably resolving disputed claims, the Defendant joins with the Commission in requesting this Court to adjudge as follows:
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: II. JURISDICTION
6. The parties stipulate to the jurisdiction of the Court over the parties and subject matter of this action, and have waived the entry of findings of fact and conclusions of law.
7. The duration of this Decree shall be eighteen months from the date of signing by the Court.
III. ISSUES RESOLVED 8. This Decree resolves all claims for damages arising out of the issues and claims set forth in Civil Action No. 06-CV-00591-LTB-MJW. 9. Defendant and its officers, agents, and employees will not interfere with the relief herein ordered, and shall cooperate in the implementation of this Decree.
Page 2 of 11

IV. RELIEF FOR CLASS MEMBERS 10. In full settlement of all claims asserted by EEOC and the class of aggrieved individuals identified in this case, Defendant agrees to pay a total of $12,500.00 as set forth on sealed Exhibit A. For the payments designated as damages, Defendant, or its agent, will issue an IRS Form 1099. Defendants shall pay the settlement amount as set forth above in sealed Exhibit A by check or money order no later than ten days from the Court’s entry of the Consent Decree. The check or money order shall be made payable to each of the individuals set forth in Exhibit A and mailed to the address provided by the Commission. Within three business days of the issuance of the check or money order, Defendants shall submit a copy of the check or money order and all related correspondence to Mary Jo O’Neill, Regional Attorney, Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012. 11. If requested by any of the three class members, Defendant will provide a neutral letter of reference which includes: dates of employment; position; and last rate of pay.
V. EQUITABLE RELIEF A. Scope
12. The terms of this Decree shall apply only to Defendant’s business located at 1080 S. Colorado Boulevard, Denver, CO., 80246. B. Injunctive Relief
13. During the term of this Consent Decree, Defendant, its officers, agents, and employees, are enjoined from engaging in any employment practice which discriminates on the basis of gender.
14. During the term of this Consent Decree, Defendant, its officers, agents, and
Page 3 of 11

employees, are enjoined from engaging in reprisal or retaliation of any kind against any person because of such person’s opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, as amended, because of such person’s filing a charge, testifying or participating in any manner in any investigation, proceeding, hearing or lawsuit under any of these statutes, because such person was identified as a witness or possible witness for the Commission, because such person participated in any manner in this action or in the investigation giving rise to this action, or because such person is designated as an aggrieved individual under this Decree. C. Anti-discrimination Policy
15. Defendant shall adopt and/or maintain a policy proscribing discrimination based on gender, and proscribing retaliation against any employee who complains about gender discrimination or who files a charge of discrimination alleging gender discrimination. (“AntiDiscrimination Policy”). Defendant shall post and keep posted for the duration of this Decree, in a conspicuous place in each of its facilities located at 1080 S. Colorado Boulevard, Denver, CO., 80246, where notices to employees and applicants for employment are customarily kept or posted, a copy of the Anti-Discrimination Policy. Within fifteen (15) days of entry of this Decree, Defendant shall provide a copy of the Anti-Discrimination Policy to all employees and will provide the policy to newly hired employees within five (5) days of their hire. Within thirty (30) days of entry of this Decree, Defendant shall forward a copy of the Anti-Discrimination Policy to the Commission and a letter indicating that the Anti-Discrimination Policy has been posted and distributed. D. Training
Page 4 of 11

16. Beginning in calendar year 2007, and annually thereafter, Defendant shall conduct annual training for all its employees on what constitutes employment discrimination. Training will include employee notification of the Defendant’s policy and procedures for registering complaints of discrimination. Defendant agrees that said training will also counsel employees on the penalties of engaging in such discriminatory behavior. Defendant agrees that said training will include Title VII’s prohibition on retaliation. All training under this Paragraph shall be at Defendant’s expense, conducted by an official of its Human Resources Department, or by outside vendors or by video training approved by the EEOC.
17. The training will be conducted as follows: a. Managerial/Supervising Employees; Human Resources Employees. Defendant will require all of its employees to attend four hours of training per
year regarding workplace discrimination, with emphasis on harassment and retaliation. Harassment training will include discussion of harassment based on race, color, national origin, gender, age, religion, and disability. Additionally, Defendant will require new employees to complete the requisite training within 30 days of being hired.
b. Human Resource Employees: In addition, at least one employee with Human Resource responsibility for Defendant’s 1080 S. Colorado Boulevard, Denver, CO., 80246 facility will receive at least 16 hours of training annually regarding Title VII and other Federal Antidiscrimination laws 18. Defendant agrees that the first such training session for each employee group identified above, will take place within sixty days after entry of this Decree. Defendant agrees
Page 5 of 11

that all personnel shall both register and attend the seminar training sessions. In the annual report required under the Reporting provisions of this Decree, Defendant shall submit copies of the agenda of the training programs, identify the individuals providing the training, and provide the registries of attendance.
19. The Commission, at its discretion, may designate one or more Commission representatives to attend any of the seminar-training sessions described above, and the Commission representative(s) shall have the right to attend and participate in training sessions. Defendant shall provide the Commission with fifteen days notice that a seminar-training session will be conducted. E. Posting of Notice
20. Within five (5) business days of the entry of this Consent Decree, Defendant shall post in a conspicuous place located at 1080 South Colorado Boulevard, Denver, CO., 80246, where notices to employees and applicants for employment are customarily kept or posted, the Notice attached as Exhibit B to this Decree. The Notice shall remain posted for the duration of this Decree. If the Notice becomes defaced or illegible, Defendant will replace it with a clean copy. Defendant shall certify to the Commission, in writing, within twenty (20) days of entry of this Decree that the Notice has been properly posted and shall provide in its annual report and in its last report at the completion of the 18 month term of this agreement, required under the Reporting provision of this Consent Decree. F. Record Keeping And Reporting Provisions
21. For the duration of this Consent Decree, Defendant shall maintain all records concerning implementation of this Consent Decree.
Page 6 of 11

22. Defendant shall bear the costs of maintaining records, preparing any report, access or copying of records.
23. Defendant will provide an annual report and an additional report at the end of the eighteen month term of this agreement. The annual report shall be due 30 days following the one year anniversary of the entry of this Decree. The final report shall be due thirty days following the completion of the eighteen month term of this agreement
24. Each report shall provide the following information: a. Complaints of Gender Discrimination For purposes of this Paragraph 24, the term “complaint of gender discrimination”
will include any written complaint which alleges discrimination based on gender, or alleges conduct which the Defendant recognizes as presenting an allegation of gender discrimination. For example, an employee may complain that she or he was denied promotion because of her or his sex, or that co-workers are telling offensive sexual jokes. These are “complaints of discrimination” even though the employee does not use the word “discrimination”. Each report shall include: the name of each person making a complaint of gender discrimination to Defendant or to any federal, state, or local government agency; a brief summary of each complaint, including the date of the complaint, the name of the individual(s) who allegedly engaged in the discriminatory conduct, the Defendant’s response to the complaint, the name of the person who investigated or responded to the complaint, and what, if any resolution was reached; and copies of all documents memorializing or referring to the complaint, investigation, and/or resolution thereof. However, if the complaining employee does not wish to have his or
Page 7 of 11

her name disclosed to any entity outside of the company, Defendant shall identify the employee anonymously such as “employee A”.
b. Training For each training program required under Paragraphs 16 through 19, and conducted during the reporting period, Defendant shall submit to EEOC a registry of attendance. For each training program required under Paragraph 16 through 19, and completed during the reporting period, Defendant will identify the vendor and provide a copy of the program agenda to the EEOC for approval and will provide a certificate of completion to the EEOC within thirty (30) days. c. Posting of Notice Defendant shall re-certify to the Commission, that the Notice required to be posted under Paragraph 20 of this Consent Decree has been properly posted, or if removed, was promptly replaced, during the duration of the reporting period.
VI. RETENTION OF JURISDICTION AND FILING OF DECREE 25. This Court shall retain jurisdiction of this case for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. The Commission and Defendant shall file a Joint Stipulation for Dismissal with Prejudice (“Joint Stipulation”) of this civil action, with this Consent Decree.
Page 8 of 11

VII. ENFORCEMENT

26. There is no private right of action to enforce Defendant’s obligations under the

Decree and only the Commission may enforce compliance herewith.

27. Enforcement may be had by the Commission petitioning the Court for

enforcement of the terms of this Decree. However, this Consent Decree does not create a

precedent for any future actions by EEOC against Defendant.

VIII. EEOC AUTHORITY

28. With respect to matters outside the scope of this Decree, this Decree shall in no

way limit the powers of the Commission to seek to eliminate employment practices or acts made

unlawful by any of the statutes over which the EEOC has enforcement authority.

IX. COSTS AND ATTORNEY’S FEES

29. Except as specifically set forth herein, each party shall be responsible for and

shall pay its own costs and attorney’s fees.

X. NOTICE

30. Any notice, report, or communication required under the provisions of this Decree

shall be sent by certified mail, postage prepaid, to the appropriate parties as follows:

Regional Attorney Denver Field Office Equal Employment Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, CO 80203

Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet - Saab 1080 South Colorado Boulevard Denver, CO 80246

Page 9 of 11

SO ORDERED this _____ day of ________________, 2007.
BY THE COURT:
__________________________________ United States District Judge
APPROVED AS TO FORM AND CONTENT:
_s/ Mary Jo O’Neill_________ Mary Jo O’Neill Regional Attorney Phoenix District Office Telephone: 602.640.5044 Fax: 602.640.5099 Email: mary.oneill@eeoc.gov
_s/ Jennifer Randall________ Jennifer Randall Trial Attorney Denver Field Office Telephone: 303.866.1378 Fax: 303.866.1375 Email: jennifer.randall@eeoc.gov Attorneys for Plaintiff EEOC
_s/ Michelle Magruder______ Michelle R. Magruder Cairns Nemechek & Magruder, LLC 8055 E. Tufts Ave., Suite 101 Denver, CO 80237 Telephone: (303)-414-2206 mmagruder@cnmlegal.com
_s/ Elwyn Schaefer________ Elwyn F. Schaefer Andrea J. Kershner Elwyn Schaefer and Associates, P.C. 600 17th St., Suite 2005-S Denver, CO 80202 Telephone: (303)-825-1961 efschaefer@qwest.net Attorneys for Defendant
Page 10 of 11

ATTACHMENT B
NOTICE
The following notice is being posted pursuant to the terms of a Consent Decree reached between the parties in EEOC v. Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet, Inc.
Management of Mike Shaw Chevrolet-Saab wishes to emphasize the company’s fundamental policy of providing equal employment opportunity in all of its operation and in all areas of employment practices, and to ensure that there shall be no discrimination against any employee or applicant for employment on the grounds of race, color, religion, sex, pregnancy, national origin, age or disability. This policy extends to insurance benefits and all other terms, conditions and privileges of employment.
Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to discriminate based upon the sex of an employee or job applicant. Further, it is unlawful for any employer to retaliate against an employee because he or she has opposed discriminatory employment practices, including sex discrimination, or because he or she has filed a charge of discrimination with any municipal, state or federal equal employment opportunity agency, or because he or she has participated in an investigation of a charge of discrimination.
Mike Shaw Chevrolet-Saab respects the right of its employees and applicants for employment to work in an environment free from discrimination. Accordingly, Mike Shaw Chevrolet-Saab reaffirms its commitment to comply with Title VII, which prohibits discrimination on the basis of race, color, national origin, gender, or religion. It is our policy to prohibit all discrimination in terms of hiring, promotion, compensation, benefits, discharge or discipline.
Any employee who believes that he/she has suffered discrimination on the basis of age, race, color, religion, sex, pregnancy, national origin, or disability, should immediately provide a written complaint per the Mike Shaw Chevrolet-Saab anti-harassment/anti-discrimination policy. In addition, an employee may contact the EEOC directly at 1-800-669-4000. Information on the EEOC can also be obtained at www.eeoc.gov. In compliance with federal law, no official at Mike Shaw Chevrolet-Saab will retaliate against an employee who makes an internal complaint of discrimination or who contacts the EEOC or its state counterpart.
This Notice shall remain posted for the term of eighteen months.
Mike Shaw Chevrolet-Saab

By:__________________________________

____________________ Date

Page 11 of 11

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Case No. 06-cv-00591-LTB-MJW
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
COLORADO BOULEVARD MOTORS, INC., d/b/a MIKE SHAW CHEVROLET, INC.,
Defendant. ______________________________________________________________________
ORDER ______________________________________________________________________

THIS MATTER having come before the Court on the Stipulated Motion to Dismiss With Prejudice (Doc 152 - filed September 5, 2007), and the Court being fully advised in the premises, it is therefore
ORDERED that this matter shall be DISMISSED WITH PREJUDICE, each party to pay their own fees and costs. The Court shall retain jurisdiction over this matter solely for the purposes outlined in the Consent Decree entered into by the parties.
BY THE COURT:

DATED: September 18, 2007

s/Lewis T. Babcock Lewis T. Babcock, Judge

 
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MAGR, NDISPO, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06-cv-00591-LTB-MJW

Equal Employment Opportunity Commission v. Colorado Boulevard Motors, Inc. Assigned to: Judge Lewis T. Babcock Referred to: Magistrate Judge Michael J. Watanabe Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/31/2006 Date Terminated: 09/18/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anjuli Kelotra U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1378 Fax: 303-866-1375 Email: anjuli.kelotra@qwest.com TERMINATED: 04/09/2007 LEAD ATTORNEY

Kim Rene Rogers U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1361 Fax: 303-866-1375 Email: kim.rogers@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy A. Weeks U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1947 Fax: 303-866-1375 Email: nancy.weeks@eeoc.gov

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V. Intervenor Plaintiff Barbara Archer TERMINATED: 07/18/2007
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ann Louise Fuller U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1319 Fax: 303-866-1375 Email: ann.fuller@eeoc.gov TERMINATED: 06/26/2007
Jennifer Ann Randall U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1378 Fax: 303-866-1375 Email: jennifer.randall@eeoc.gov ATTORNEY TO BE NOTICED
represented by Christopher Wenzel Carr Dill, Dill, Carr, Stonbraker & Hutchings, PC 455 Sherman Street #300 Denver, CO 80203 303-777-3737 Fax: 303-777-3823 Email: ccarr@dillanddill.com ATTORNEY TO BE NOTICED
Patrick Dale Tooley Dill, Dill, Carr, Stonbraker & Hutchings, PC 455 Sherman Street #300 Denver, CO 80203 303-777-3737 Fax: 303-777-3823 Email: pdtooley@dillanddill.com ATTORNEY TO BE NOTICED
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V.
Defendant
Colorado Boulevard Motors, Inc. doing business as Mike Shaw Chevrolet, Inc.

represented by Elwyn F. Schaefer Solomon Pearl Blum Heymann & Stich, LLP-Denver 1801 Broadway #500 Denver, CO 80202 303-825-1961 Fax: 303-825-5460 Email: eschaefer@solpearl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle Renee Magruder Cairns Nemechek and Magruder, LLC 8055 East Tufts Avenue #101 Denver, CO 80239 303-414-2200 Fax: 303-414-2201 Email: mmagruder@cnmlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrea J. Kershner Denver City Attorney's Office-Litigation 201 West Colfax Avenue 11th Floor Denver, CO 80202 720-913-3107 Fax: 303-825-5460 Email: akershner@qwest.net ATTORNEY TO BE NOTICED

Date Filed 03/31/2006
04/21/2006 05/04/2006

# Docket Text
1 COMPLAINT and jury trial demand against Colorado Boulevard Motors, Inc. Summons Not Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(bpm, ) (Entered: 03/31/2006)
2 NOTICE of Entry of Appearance by Michelle Renee Magruder on behalf of all defendants (Magruder, Michelle) (Entered: 04/21/2006)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Colorado Boulevard Motors, Inc. waiver sent on 4/12/2006, answer due 6/12/2006. (Rogers, Kim) (Entered: 05/04/2006)

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05/04/2006 06/08/2006 06/13/2006 06/21/2006 06/29/2006 07/14/2006 07/17/2006 07/17/2006
07/17/2006 07/31/2006 08/07/2006
08/09/2006
08/14/2006

4 NOTICE of Entry of Appearance of Kim R. Rogers and Anjuli Kelotra by Kim Rene Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 05/04/2006)
5 Defendant's ANSWER to Complaint with Jury Demand by Colorado Boulevard Motors, Inc..(Magruder, Michelle) (Entered: 06/08/2006)
6 ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Babcock. (rlp, ) (Entered: 06/13/2006)
7 ORDER setting Planning/Scheduling Conference for 8/14/2006 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 06/21/06. (rlp, ) (Entered: 06/21/2006)
8 NOTICE of Entry of Appearance by Elwyn F. Schaefer on behalf of Colorado Boulevard Motors, Inc. (Schaefer, Elwyn) (Entered: 06/29/2006)
9 Unopposed MOTION to Intervene by Intervenor Plaintiff Barbara Archer. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Tooley, Patrick) (Entered: 07/14/2006)
10 MINUTE ORDER granting 9 Unopposed Motion to Intervene, tendered complaint of intervening Plaintiff Barbara Archer is accepted for filing, by Judge Lewis T. Babcock on 07/17/06. (rlp, ) (Entered: 07/17/2006)
11 INTERVENOR COMPLAINT and jury demand against Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet, Inc., defendant, filed by Barbara Archer.(rlp, ) Docket entry modified to add complaint on 7/17/2006, as was left off in error by clerk. (rlp,) (Entered: 07/17/2006)
12 Docket Annotation re: 11 Intervenor Complaint. Docket entry modified to add complaint on 7/17/2006, as was left off in error by clerk. (rlp,) Text only entry no document attached. (rlp, ) (Entered: 07/17/2006)
13 ANSWER to Intervenor Complaint by Colorado Boulevard Motors, Inc..(Magruder, Michelle) (Entered: 07/31/2006)
14 MINUTE ORDER the parties shall have up to and including August 9, 2006, in which to submit their proposed Scheduling Order and Confidential Settlement Statements to U.S. Magistrate Judge Michael J. Watanabe by Magistrate Judge Michael J. Watanabe on 08/07/06. (rlp, ) (Entered: 08/07/2006)
15 Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Barbara Archer, Defendants Colorado Boulevard Motors, Inc., Colorado Boulevard Motors, Inc.. (Rogers, Kim) (Entered: 08/09/2006)
16 Minute Entry/Minute Order for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 8/14/2006: Joinder of Parties/Amendment to Pleadings: November 2, 2006. Fact Discovery: February 1, 2007. Dispositive Motions Deadline: March 5, 2007. Parties disclosure of Experts: December 4, 2006. Parties Rebuttal Experts: January 5, 2007.Interrogatories: December 29, 2006. Requests for Production of documents: December 29, 2006. Requests for Admissions: December 29, 2006.

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08/14/2006
08/21/2006 10/16/2006 10/17/2006 10/25/2006 10/26/2006
10/26/2006 10/27/2006

SETTLEMENT CONFERENCE set for: January 16, 2007 at 10:00 a.m. FINAL PRETRIAL CONFERENCE set for May 7, 2007 at 9:00 a.m., proposed final pretrial order due 05/02/07, Trial Preparation Conference set for: October 3, 2007 at 8:00 a.m. Five day jury trial set for 10/29/07. (Court Reporter Bernique Abiakam FTR.) (rlp2, ) (Entered: 08/15/2006)
17 SCHEDULING ORDER: Discovery due by 2/1/2007. Dispositive Motions due by 3/5/2007. Settlement Conference set for 1/16/2007 10:00 AM before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 5/2/2007. Final Pretrial Conference set for 5/7/2007 09:00 AM before Magistrate Judge Michael J. Watanabe. Trial Preparation Conference set for 10/3/2007 at 08:00 AM before Chief Judge Lewis T. Babcock.. Signed by Magistrate Judge Michael J. Watanabe on 08/14/06. (rlp2, ) (Entered: 08/15/2006)
18 MINUTE ORDER confirming that a Jury Trial is set for 10/29/2007 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. The FinalTrial Preparation Conference is set for 10/3/2007 at 08:00 AM before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 08/21/06. (rlp2, ) (Entered: 08/21/2006)
19 MOTION For Extension of Time to Identify Class Members by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff EEOC's Discovery Request# 2 Exhibit Defendant's Response to Discovery# 3 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/16/2006)
20 MINUTE ORDER re: 19 MOTION For Extension of Time to Identify Class Members, Plaintiff-Intervenor and Defendant have until 10/27/06 to file response, by Judge Lewis T. Babcock on 10/17/06. (rlp2, ) (Entered: 10/17/2006)
21 Stipulated MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 10/25/2006)
22 RESPONSE to Motion re 19 MOTION For Extension of Time to Identify Class Members filed by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A - Letter from Magruder to Rogers dated 08/29/06# 2 Exhibit B - Letter from Magruder to Rogers dated 09/14/06# 3 Exhibit C - Defendant's Response to EEOC's First Set of Written Discovery# 4 Exhibit D - Letter from Magruder to Rogers 10/4/06# 5 Exhibit E - Letter from Rogers to Magruder 10/3/06# 6 Exhibit F - Letter from Magruder to Rogers dated 10/6/06 with Proposed Stipulation and Protective Order# 7 Exhibit G - Email string dated 10/12/06 and 10/15/06# 8 Exhibit H - Notice of Class Litigation# 9 Exhibit I - Email string 10/17/06 and 10/19/06)(Schaefer, Elwyn) (Entered: 10/26/2006)
23 MEMORANDUM regarding 21 Stipulated MOTION for Protective Order filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 10/26/06.(Text Only Entry - No Document Attached) (rlp2, ) (Entered: 10/26/2006)
24 MINUTE ORDER granting 21 Stipulated Motion for Protective Order filed bythe Plaintiff EEOC, The written Stipulated Protective Order is APPROVED as amended in paragraph 5 and made an Order of Court by Magistrate Judge Michael J. Watanabe on 10/27/06.(rlp2, ) (Entered: 10/30/2006)

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02/15/2007

25 PROTECTIVE ORDER, Signed by Magistrate Judge Michael J. Watanabe on 10/27/06. (rlp2, ) (Entered: 10/30/2006)
26 ORDER granting in part 19 Plaintiff EEOC's Motion for Extension of Time to Identify Class Members, Plaintiff has 60 days(January 2, 2007) to identify class members. Signed by Judge Lewis T. Babcock on 10/31/06.(rlp2, ) (Entered: 10/31/2006)
27 Unopposed MOTION to Modify Scheduling Order by Defendant Colorado Boulevard Motors, Inc.. (Magruder, Michelle) (Entered: 11/30/2006)
28 MEMORANDUM regarding 27 Unopposed MOTION to Modify Scheduling Order filed by Colorado Boulevard Motors, Inc..Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 12/01/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 12/01/2006)
29 ORDER granting 27 Unopposed Motion to Modify Scheduling Order. Signed by Magistrate Judge Michael J. Watanabe on 12/01/06.(rlp, ) (Entered: 12/04/2006)
30 Utility Setting/Resetting Deadlines/Hearings, per order of 12/01/06 Discovery due by 5/7/2007.,Dispositive Motions due by 6/8/2007. Text only entry - no document attached. (rlp, ) (Entered: 12/04/2006)
31 Joint MOTION to Reset Settlement Conference by Intervenor Plaintiff Barbara Archer. (Attachments: # 1 Proposed Order (PDF Only) Proposed order re Joint Motion to reschedule settlement conference)(Tooley, Patrick) (Entered: 01/09/2007)
32 NOTICE of Entry of Appearance by Christopher Wenzel Carr on behalf of Barbara Archer (Carr, Christopher) (Entered: 01/09/2007)
33 MEMORANDUM regarding 31 Joint MOTION to Reset Settlement Conference filed by Barbara Archer. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 01/10/07. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 01/10/2007)
34 MINUTE ORDER granting 31 Unopposed Joint Motion to Reschedule Settlement Conference. Settlement Conference reset for 4/16/2007 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 01/10/07.(rlp, ) (Entered: 01/10/2007)
35 MOTION to Compel EEOC to Produce Documents Which Substantiate The Information Contained In EEOC's First Supplemental Disclosures by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Defendant's Motion to Compel# 2 Exhibit Exhibit A# 3 Exhibit Exhbit B# 4 Exhibit Exhbit C# 5 Exhibit Exhbit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhibit G# 9 Exhibit Exhibit H)(Magruder, Michelle) (Entered: 02/13/2007)
36 MEMORANDUM regarding 35 MOTION to Compel EEOC to Produce Documents Which Substantiate The Information Contained In EEOC's First Supplemental Disclosures filed by Colorado Boulevard Motors, Inc.. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Lewis T. Babcock on 2/15/07. (erv, ) (Entered:

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02/16/2007 02/28/2007 03/01/2007 03/02/2007 03/05/2007 03/06/2007 03/07/2007 03/07/2007 03/14/2007

02/15/2007)
37 MOTION to Compel Plaintiff EEOC To Respond To Defendant's First Set of Interrogatories by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Defendant's Motion To Compel Plaintiff EEOC To Respond To Defendant's First Set of Interrogatories# 2 Exhibit Exhibit List# 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit)(Magruder, Michelle) (Entered: 02/15/2007)
38 MEMORANDUM regarding 37 MOTION to Compel Plaintiff EEOC To Respond To Defendant's First Set of Interrogatories by Defendant. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 2/16/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 02/16/2007)
39 First MOTION to Quash Discovery by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 02/28/2007)
40 MEMORANDUM regarding 39 First MOTION to Quash Discovery filed by Equal Employment Opportunity Commission. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Lewis T. Babcock on 3/1/07. (erv, ) (Entered: 03/01/2007)
41 First MOTION For Extension of Time to Disclose Experts by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 03/02/2007)
42 RESPONSE to Motion re 35 MOTION to Compel EEOC to Produce Documents Which Substantiate The Information Contained In EEOC's First Supplemental Disclosures filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 03/05/2007)
43 MEMORANDUM regarding 41 First MOTION For Extension of Time to Disclose Experts by Plaintiff. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 3/6/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 03/06/2007)
44 MINUTE ORDER Denying without prejudice 35 Defendant's Motion to Compel EEOC to Produce Documents Denying 41 Plaintiff's Motion for Extension of Time for Expert Disclosures.. Entered by Magistrate Judge Michael J. Watanabe on 3/7/07.(pap, ) (Entered: 03/07/2007)
45 RESPONSE to Motion re 37 MOTION to Compel Plaintiff EEOC To Respond To Defendant's First Set of Interrogatories filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 03/07/2007)
46 ORDER Granting in part and Denying in part 37 Defendant's MOTION to Compel Plaintiff EEOC To Respond To Defendant's First Set of Interrogatories. Signed by Magistrate Judge Michael J. Watanabe on 3/13/07.(pap, ) (Entered: 03/14/2007)

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03/27/2007 03/28/2007 03/29/2007

47 MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Kelotra, Anjuli) (Entered: 03/15/2007)
48 MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel,, by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 03/15/2007)
49 MOTION to Compel EEOC To Respond To Defendant's Second Set Of Requests For Production Of Documents by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 03/15/2007)
50 MEMORANDUM regarding 48 MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel by Defendant. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 3/16/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 03/16/2007)
51 RESPONSE to Motion re 39 First MOTION to Quash Discovery filed by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 03/19/2007)
52 MINUTE ORDER Denying 39 Plaintiff's First MOTION to Quash Discovery. Setting Hearing on Motion 48 MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel, MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel: Motion Hearing set for 4/3/2007 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Entered by Magistrate Judge Michael J. Watanabe on 3/21/07. (pap, ) (Entered: 03/21/2007)
53 Joint MOTION For Extension of Time to Conduct Discovery by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 03/27/2007)
54 MEMORANDUM regarding 53 Joint MOTION For Extension of Time to Conduct Discovery filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 3/27/07. (Text Only Entry - No Document Attached)(gms, ) (Entered: 03/28/2007)
55 MINUTE ORDER granting 53 Joint Motion to Amend the Scheduling Order. The deadline to complete discovery is extended to June 8, 2007. The deadline to file dispositive motions is extended to July 13, 2007. The deadline to serve written discovery is extended to May 4, 2007. The Final Pretrial Conference set on May 7, 2007, at 9:00 a.m. is VACATED and RESET to August 23, 2007, at 8:30 a.m. It is further ORDERED that the Settlement Conference set on April 16, 2007, at1:30 p.m. is VACATED and the parties shall contact Magistrate Judge Watanabe'schambers within ten (10) days from the date of this minute order to reset the Settlement Conference.. Signed by Magistrate Judge Michael J. Watanabe on 3/29/07.(erv, ) (Entered: 03/29/2007)

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04/03/2007 04/09/2007 04/09/2007 04/09/2007 04/11/2007
04/13/2007 04/18/2007 04/20/2007 04/20/2007 04/23/2007 04/23/2007

57 Minute Entry for proceedings held before Judge Michael J. Watanabe : Motion Hearing held on 4/3/2007. 48 MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel,, by Defendant is TAKEN UNDER ADVISEMENT. (Court Reporter FTR - Valeri Barnes.) (dln, ) (Entered: 04/03/2007)
58 CERTIFICATE OF SERVICE OF STATUTORY OFFER OF JUDGMENT TO INTERVENING PLAINTIFF by Defendant Colorado Boulevard Motors, Inc.. (Magruder, Michelle) (Entered: 04/03/2007)
59 MINUTE ORDER granting 47 Motion to Withdraw as Attorney Anjuli Kelotra as Counsel for Plaintiff by Judge Lewis T. Babcock on 4/9/07.(dln, ) (Entered: 04/09/2007)
60 RESPONSE to Motion re 49 MOTION to Compel EEOC To Respond To Defendant's Second Set Of Requests For Production Of Documents filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A# 2 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 04/09/2007)
61 ORDER granting as specified 48 MOTION for Reconsideration re 44 Order on Motion for Extension of Time, Order on Motion to Compel,, by Defendant. Signed by Magistrate Judge Michael J. Watanabe on 4/9/07.(dln, ) (Entered: 04/09/2007)
62 MINUTE ORDER Defendant to file their reply to plaintiff EEOC's response to Defendant's 49 MOTION to Compel EEOC To Respond To Defendant's Second Set of Requests For Production Of Documents by Colorado Boulevard Motors, Inc. on or before 4/23/07, by Magistrate Judge Michael J. Watanabe on 4/11/07. (gms, ) (Entered: 04/11/2007)
63 MINUTE ORDER : Settlement Conference set for 7/20/2007 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe by Magistrate Judge Michael J. Watanabe on 4/13/07. (dln, ) (Entered: 04/13/2007)
64 AFFIDAVIT OF ATTORNEY FEES AND COSTS by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Magruder, Michelle) (Entered: 04/18/2007)
65 MOTION for Reconsideration re 61 Order on Motion for Reconsideration by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 04/20/2007)
66 MINUTE ORDER, Reset Hearings: Settlement Conference Reset for 6/27/2007 03:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 4/20/07. (erv, ) (Entered: 04/20/2007)
67 MEMORANDUM regarding 65 MOTION for Reconsideration re 61 Order on Motion for Reconsideration by Plaintiff. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 4/23/07. (Text Only Entry No Document Attached)(dln, ) (Entered: 04/23/2007)
68 REPLY to Response to Motion re 49 MOTION to Compel EEOC To Respond To Defendant's Second Set Of Requests For Production Of Documents filed by

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04/24/2007 04/25/2007
04/25/2007 04/30/2007 05/08/2007

Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only) # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Magruder, Michelle) (Entered: 04/23/2007)
69 MOTION to Compel Class Members To Respond To Written Discovery by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only) # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Magruder, Michelle) (Entered: 04/23/2007)
70 MINUTE ORDER denying 65 MOTION for Reconsideration re 61 Order on Motion for Reconsideration by Plaintiff by Magistrate Judge Michael J. Watanabe on 4/23/07.(dln, ) (Entered: 04/23/2007)
71 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 61 Order on Motion for Reconsideration, 70 Order on Motion for Reconsideration by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 04/23/2007)
72 MOTION to Dismiss Party Class Member Mallory Archer Or In The Alternative Motion To Compel Class Member to Cooperate With Scheduling Her Deposition and To Appear For Her Deposition by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Proposed Order (PDF Only) # 16 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 04/24/2007)
73 MEMORANDUM regarding 69 MOTION to Compel Class Members To Respond To Written Discovery filed by Colorado Boulevard Motors, Inc. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Lewis T. Babcock on 4/24/07. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 04/24/2007)
74 MEMORANDUM regarding 72 MOTION to Dismiss Party Class Member Mallory Archer Or In The Alternative Motion To Compel Class Member to Cooperate With Scheduling Her Deposition and To Appear For Her Deposition filed by Colorado Boulevard Motors, Inc. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 4/25/07. (Text Only Entry No Document Attached)(gms, ) (Entered: 04/25/2007)
75 MINUTE ORDER Plaintiff EEOC and Plaintiff Intervenor Archer have to 5/8/07 to file any response to Defendant's 69 MOTION to Compel Class Members To Respond To Written Discovery, by Magistrate Judge Michael J. Watanabe on 4/25/07. (gms, ) (Entered: 04/25/2007)
76 CERTIFICATE of Mailing/Service OF STATUTORY OFFER OF JUDGMENT TO EEOC AND CLASS MEMBERS: KATHRYN ANGELLO; MALLORY ARCHER; AND, JENNY WINKLER-EWART by Defendant Colorado Boulevard Motors, Inc.. (Magruder, Michelle) (Entered: 04/30/2007)
77 RESPONSE to Motion re 69 MOTION to Compel Class Members To Respond To Written Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Fuller,

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05/15/2007 05/16/2007 05/17/2007 05/21/2007 05/22/2007 05/22/2007 05/22/2007

Ann) (Entered: 05/08/2007)
78 MINUTE ORDER Defendant to file a response by 5/21/07, Plaintiff to file reply by 5/31/07, to 71 APPEAL OF MAGISTRATE JUDGE DECISION re 61 Order on Motion for Reconsideration, 70 Order on Motion for Reconsideration by Plaintiff Equal Employment Opportunity, by Judge Lewis T. Babcock on 5/11/07. (mrs, ) (Entered: 05/11/2007)
79 MOTION For Extension of Time to File its Response Brief to EEOC's Request for Reconsideration of Magistrate Watanabe's Order Granting Defendant's Motion for Reconsideration by Intervenor Plaintiff Barbara Archer. (Schaefer, Elwyn) (Entered: 05/14/2007)
80 RESPONSE to Motion re 72 MOTION to Dismiss Party Class Member Mallory Archer Or In The Alternative Motion To Compel Class Member to Cooperate With Scheduling Her Deposition and To Appear For Her Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 05/14/2007)
81 MINUTE ORDER granting Defendant's 79 Motion for Extension of Time to File its Response Brief to EEOC's Request for Reconsideration of Magistrate Watanabe's Order Granting Defendant's Motion for Reconsideration to 5/16/07,by Judge Lewis T. Babcock on 5/15/07.(mrs, ) (Entered: 05/15/2007)
82 RESPONSE to Motion re 65 MOTION for Reconsideration re 61 Order on Motion for Reconsideration of Magistrate Judge Watanabe's Minute Order Dated March 7, 207 filed by Defendant Colorado Boulevard Motors, Inc.. (Magruder, Michelle) (Entered: 05/16/2007)
83 MEMORANDUM regarding 49 MOTION to Compel EEOC To Respond To Defendant's Second Set Of Requests For Production Of Documents filed by Colorado Boulevard Motors, Inc. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 5/17/07. (Text Only Entry - No Document Attached) (mrs, ) (Entered: 05/17/2007)
84 OBJECTION to 71 Appeal of Magistrate Judge Decision by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 05/21/2007)
85 MINUTE ORDER denying Defendant's 69 Motion to Compel Class Members to Respond to Written Discovery. Motion Hearing set for 06/04/2007 at 8:30 a.m. before Magistrate Judge Watanabe, by Magistrate Judge Michael J. Watanabe on 5/22/07.(mrs, ) (Entered: 05/22/2007)
86 Utility Setting/Resetting Deadlines/Hearings: Motion Hearing set for 6/4/2007 08:30 AM before Magistrate Judge Michael J. Watanabe pursuant to Minute Order dated 5/22/07. Text only entry - no document attached. (mrs, ) (Entered: 05/22/2007)
87 ORDER GRANTING Colorado Boulevard Motors, Inc. d/b/a Mike Shaw Chevrolet, Inc's 49 Motion to Compel EEOC to respond to Defendant's Second Set of Requests for Production of Documents, EEOC to produce production of documents within 14 days from date of Order. Defendant awarded attorney fees

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and costs, Defendant to file Itemized Affidavit by 6/1/07, Plaintiff to file response to Itemized Affidavit by 6/12/07. Signed by Magistrate Judge Michael J. Watanabe on 5/22/07.(mrs, ) (Entered: 05/22/2007)
88 ORDER re: 64 Affidavit of Attorney Fees and Costs, Court finds attorney fees of $1,402.50 and the related costs of $158.79 for a sum total of $1,561.29 related to Defendant's Motion for Reconsideration be remitted to the law firm of Cairns Nemechek & Magruder, LLC within ten days from the date of this Order. Signed by Magistrate Judge Michael J. Watanabe on 5/22/07. (mrs, ) (Entered: 05/22/2007)
89 REPLY to Response to Motion re 72 MOTION to Dismiss Party Class Member Mallory Archer Or In The Alternative Motion To Compel Class Member to Cooperate With Scheduling Her Deposition and To Appear For Her Deposition filed by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit Exhibit List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Magruder, Michelle) (Entered: 05/25/2007)
90 MOTION to Stay re 88 Order, Granting Fees by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 05/31/2007)
91 REPLY to Response to Motion re 71 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 61 Order on Motion for Reconsideration, 70 Order on Motion for Reconsideration by Plaintiff Equal Employment Opportunity CommissionAPPEAL OF MAGISTRATE JUDGE DECISION to District Court re 61 Order on Motion for Reconsideration, 70 Order on Motion for Reconsideration by Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 05/31/2007)
92 AFFIDAVIT re 87 Order on Motion to Compel, EEOC TO RESPOND TO DEFENDANT'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 06/01/2007)
93 Minute Entry for proceedings held before Judge Michael J. Watanabe : Defendant's 72 Motion to Dismiss Party Class Member, Mallory Archer is taken under advisement ; Motion Hearing held on 6/4/2007. (Court Reporter FTR Valeri P. Barnes.) (mrs, ) (Entered: 06/04/2007)
94 REPORT AND RECOMMENDATIONS re: Defendant's 72 MOTION to Dismiss Party Class Member Mallory Archer Or In The Alternative Motion To Compel Class Member to Cooperate With Scheduling Her Deposition and To Appear For Her Deposition filed by Colorado Boulevard Motors, Inc. it is recommended that the portion of this motion requesting dismissal of Mallory Archer, should be denied and it is ordered that the portion of this motion requesting relief in responding to written discovery request is GRANTED in part and DENIED in part. The discovery deadline is extended to 7/27/07 and the dispositive motion deadline is extended to 8/31/07, each party to pay attorney fees and costs for this motion. Signed by Magistrate Judge Michael J. Watanabe on 6/4/07. (mrs, )

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06/22/2007 06/22/2007 06/25/2007

(Entered: 06/04/2007)
95 Utility Setting/Resetting Deadlines/Hearings: Discovery extended to 7/27/2007, Dispositive Motions extended to 8/31/2007 pursuant to Recommendation and Order dated 6/4/07. Text only entry - no document attached. (mrs, ) (Entered: 06/04/2007)
96 RESPONSE to 87 Order on Motion to Compel, certifying production of documents by Plaintiff Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 06/04/2007)
97 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 87 Order on Motion to Compel, by Plaintiff Equal Employment Opportunity Commission (Fuller, Ann) (Entered: 06/06/2007)
98 MOTION to Stay re 87 Order on Motion to Compel, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 06/12/2007)
100 ORDER DENYING Plaintiff's 71 Objection (APPEAL) OF MAGISTRATE JUDGE DECISION to District Court dated 4/19/07. Signed by Judge Lewis T. Babcock on 6/19/07.(mrs, ) (Entered: 06/20/2007)
101 ORDER DENYING Defendant's 72 Motion to Dismiss Class Member Mallory Archer. Signed by Judge Lewis T. Babcock on 6/19/07.(mrs, ) (Entered: 06/20/2007)
99 ORDER DENYING Plaintiff's 97 Objection (APPEAL) OF MAGISTRATE JUDGE DECISION to District Court dated 5/22/07. Signed by Judge Lewis T. Babcock on 6/19/07.(mrs, ) (Entered: 06/20/2007)
102 RESPONSE to Motion re 90 MOTION to Stay re 88 Order Granting Fees, filed by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) Modified on 6/22/2007 to remove incorrect linkage and add correct linkage (mrs, ). (Entered: 06/20/2007)
103 MEMORANDUM regarding 90 MOTION to Stay re 88 Order, Granting Fees filed by Equal Employment Opportunity Commission, 98 MOTION to Stay re 87 Order on Motion to Compel, filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 6/21/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 06/21/2007)
104 Docket Annotation re: 102 Response to Motion, this docket entry modified to remove incorrect linkage and add correct linkage. Text only entry - no document attached. (mrs, ) (Entered: 06/22/2007)
105 First MOTION For Extension of Time to Pay Fees and Costs by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 06/22/2007)
106 MOTION to Withdraw as Attorney Ann Fuller by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 06/25/2007)

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06/27/2007
06/27/2007
06/27/2007 06/28/2007 06/28/2007

107 MEMORANDUM regarding 105 First MOTION For Extension of Time to Pay Fees and Costs filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 6/25/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 06/25/2007)
108 NOTICE STATUS REPORT by Intervenor Plaintiff Barbara Archer (Tooley, Patrick) (Entered: 06/26/2007)
109 MINUTE ORDER GRANTING 106 Motion to Withdraw as Attorney. Attorney Ann Louise Fuller terminated, Plaintiff will continue to be represented by Anjuli Kelotra, Kim Rogers, and nancy Weeks, by Judge Lewis T. Babcock on 6/26/07.(mrs, ) (Entered: 06/26/2007)
110 MINUTE ORDER: Based upon the 108 Notice re: Status Report, this Court finds that a settlement has been reached between Intervening Plaintiff Barbara Archer and Defendant Colorado Boulevard Motors, Inc., only, a Stipulation for Dismissal is due by 7/10/2007, or show cause why this case between these two parties only should not be dismissed, by Magistrate Judge Michael J. Watanabe on 6/26/07. (mrs, ) (Entered: 06/26/2007)
111 TRANSCRIPT of Motions Hearing held on 4-3-07 before Magistrate Judge Watanabe. Pages: 1-18. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 06/27/2007)
112 TRANSCRIPT of Motions Hearing held on 6-4-07 before Magistrate Judge Watanabe. Pages: 1-31. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 06/27/2007)
113 ORDER GRANTING Plaintiff EEOC's 105 Motion for Extension of Time to Pay Attorney Fees and Costs, Fees and Costs to be paid to Defendant rather than Counsel. Payment of such fees and costs shall be extended to 6 weeks from the date that Defendant provides the required Taxpayer ID number to Defendant. Signed by Magistrate Judge Michael J. Watanabe on 6/27/07.(mrs, ) (Entered: 06/27/2007)
116 Minute Entry for proceedings held before Judge Michael J. Watanabe : Settlement Conference held on 6/27/2007. Settlement not reached, record not made. (mrs, ) (Entered: 06/28/2007)
114 NOTICE of Entry of Appearance by Jennifer Ann Randall on behalf of Equal Employment Opportunity Commission (Randall, Jennifer) (Entered: 06/28/2007)
115 NOTICE of Supplemental Disclosure by Plaintiff Equal Employment Opportunity Commission (Randall, Jennifer) (Entered: 06/28/2007)

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07/10/2007 07/16/2007 07/16/2007 07/17/2007 07/18/2007
07/24/2007 07/25/2007 07/27/2007 08/07/2007

117 MINUTE ORDER DENYING Plaintiff EEOC's 90 Motion to Stay Magistrate Watanabe's Order of 5/22/07, Granting Defendant's Affidavit of Attorney Fees; and Plaintiff EEOC's 98 Motion to Stay, or in the Alternative, Response to Defendant Colorado Boulevard Motors, Inc. d/b/a Mike Shaw Chevrolet, Inc., Affidavit of Attorney Fees and Costs Concerning Its Motion to Compel EEOC to Respond to Defendant's Second Set of Requests for Production of Documents, by Magistrate Judge Michael J. Watanabe on 6/28/07.(mrs, ) (Entered: 06/29/2007)
118 Unopposed MOTION For Extension of Time to File Stipulation for Dismissal by Intervenor Plaintiff Barbara Archer. (Attachments: # 1 Proposed Order (PDF Only) Order Re: Unopposed Motion for Extension of Time Within Which to File Stipulation for Dismissal)(Tooley, Patrick) (Entered: 07/10/2007)
119 MINUTE ORDER GRANTING Intervening Plaintiff's Unopposed 118 Motion for Extension of Time Within Which to File Stiuplation for Dismissal, up to and including 7/17/07, by Judge Lewis T. Babcock on 7/16/07.(mrs, ) (Entered: 07/16/2007)
120 Utility Setting/Resetting Deadlines/Hearings: Dismissal Paper due by 7/17/2007. Text only entry - no document attached. (mrs, ) (Entered: 07/16/2007)
121 Stipulated MOTION to Dismiss With Prejudice by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 07/17/2007)
122 ORDER Upon the Stipulated 121 Motion to Dismiss With Prejudice, this matter is DISMISSED WITH PREJUDICE between Intervening Plaintiff Barbara Archer and Defendant. Each party will pay its own costs and attorney fees. This Order shall have no bearing on the claims between EEOC and Colorado Boulevard Motors, Inc., d/b/a Mike Shaw Chevrolet, Inc. Signed by Judge Lewis T. Babcock on 7/18/07.(mrs, ) (Entered: 07/18/2007)
123 MOTION for Leave to Conduct the Deposition of Ray Turner After the Close of Discovery by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 07/24/2007)
124 MEMORANDUM regarding 123 MOTION for Leave to Conduct the Deposition of Ray Turner After the Close of Discovery filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 7/25/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 07/25/2007)
125 MINUTE ORDER Defendant to file a response by 8/10/07 to Plaintiff's 123 MOTION for Leave of Court to Conduct the Deposition of Ray Turner After the Close of Discovery, by Magistrate Judge Michael J. Watanabe on 7/27/07. (mrs, ) (Entered: 07/27/2007)
126 Unopposed MOTION For Extension of Time to FILE ITS RESPONSE TO EEOC'S 123 MOTION FOR LEAVE TO CONDUCT THE DEPOSITION OF RAY TURNER AFTER THE CLOSE OF DISCOVERY by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) Modified on 8/8/2007 to add linkage to DN 123(mrs,

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08/07/2007
08/07/2007 08/07/2007 08/07/2007
08/08/2007 08/08/2007 08/09/2007 08/09/2007
08/10/2007

). (Entered: 08/07/2007)
127 APPEAL OF MAGISTRATE JUDGE DECISION to District Court Regarding July 27, 2007 Telephonic Ruling By Magistrate Judge Watanabe by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A# 2 Exhibit C# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H# 8 Exhibit L# 9 Exhibit M# 10 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 08/07/2007)
128 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission. (Randall, Jennifer) (Entered: 08/07/2007)
129 Unopposed MOTION to Seal Document by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 08/07/2007)
131 Exhibits B, I, J, and K in Support of 127 APPEAL OF MAGISTRATE JUDGE DECISION to District Court Regarding July 27, 2007 Telephonic Ruling By Magistrate Judge Watanabe by Plaintiff Equal Employment Opportunity Commission by Plaintiff Equal Employment Opportunity Commission. (Public entry for Sealed Document 128 filed 8/7/07. Text only entry - no document attached. (mrssl, ) (Entered: 08/08/2007)
130 Docket Annotation re: 126 Unopposed MOTION For Extension of Time to FILE ITS RESPONSE TO EEOC'S MOTION FOR LEAVE TO CONDUCT THE DEPOSITION OF RAY TURNER AFTER THE CLOSE OF DISCOVERY. This docket entry modified to add linkage to DN 123. Text only entry - no document attached. (mrs, ) (Entered: 08/08/2007)
132 ORDER GRANTING EEOC's 129 Motion to File Under Seal, 128 Exhibits B,I,J, & K, Sealed Document, shall remain under Seal. Signed by Judge Lewis T. Babcock on 8/8/07.(mrs, ) (Entered: 08/09/2007)
133 MINUTE ORDER Defendant shall file a response no later than 8/19/07 re: 127 APPEAL OF MAGISTRATE JUDGE DECISION to District Court Regarding July 27, 2007 Telephonic Ruling By Magistrate Judge Watanabe, Plaintiff shall file a reply no later than 8/29/07, by Judge Lewis T. Babcock on 8/9/07. (mrs, ) (Entered: 08/09/2007)
134 MEMORANDUM regarding 126 Unopposed MOTION For Extension of Time to FILE ITS RESPONSE TO EEOC'S MOTION FOR LEAVE TO CONDUCT THE DEPOSITION OF RAY TURNER AFTER THE CLOSE OF DISCOVERY filed by Colorado Boulevard Motors, Inc. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Lewis T. Babcock on 8/9/07. (Text Only Entry No Document Attached) (mrs, ) (Entered: 08/09/2007)
135 ORDER GRANTING 126 Motion for Extension of Time within which to file its response to EEOC's Motion for Leave to Conduct the Deposition of Ray Turner after the close of discovery. Defendant shall file its response to EEOC's Motion to Conduct the Deposition of Ray Turner by 8/16/07. Signed by Magistrate Judge Michael J. Watanabe on 8/10/07.(mrs, ) (Entered: 08/13/2007)

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08/15/2007 08/15/2007 08/16/2007
08/16/2007 08/17/2007 08/20/2007 08/21/2007 08/22/2007 08/23/2007 08/23/2007 08/23/2007

136 RESPONSE to Motion re 123 MOTION for Leave to Conduct the Deposition of Ray Turner After the Close of Discovery filed by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 08/15/2007)
137 Unopposed MOTION for Extension of Time to File Response/Reply TO 127 EEOC'S F.R.C.P. 72 APPEAL OF MAGISTRATE JUDGE WATANABE'S ORDER OF JULY 27, 2007 by Defendant Colorado Boulevard Motors, Inc. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) Modified on 8/16/2007 to add linkage to DN 127 (mrs, ). (Entered: 08/15/2007)
138 MINUTE ORDER GRANTING to 8/28/07, Defendant's Unopposed 137 Motion for Extension of Time to File Response/Reply re 127 APPEAL OF MAGISTRATE JUDGE DECISION to District Court Regarding July 27, 2007 Telephonic Ruling By Magistrate Judge Watanabe by Plaintiff Equal Employment Opportunity Commission, by Judge Lewis T. Babcock on 8/16/07.(mrs, ) (Entered: 08/16/2007)
139 Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc. (Attachments: # 1 Exhibit A Plaintiff's Witness List# 2 Exhibit B - Plaintiff's Exhibit List# 3 Exhibit C# 4 Exhibit D)(Randall, Jennifer) Modified on 8/17/2007 to remove Intervenor Plaintiff as filer (mrs, ). (Entered: 08/16/2007)
140 Docket Annotation re: 139 Proposed Pretrial Order, this docket entry modified to remove Intervenor Plaintiff as filer. Text only entry - no document attached. (mrs, ) (Entered: 08/17/2007)
141 Exhibits in Support of 139 Proposed Pretrial Order, Defendant's Witness List and Defendant's Exhibit List by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Defendant's Exhibit List# 2 Defendant's Witness List)(Magruder, Michelle) (Entered: 08/20/2007)
142 REPLY to Response to Motion re 123 MOTION for Leave to Conduct the Deposition of Ray Turner After the Close of Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit F# 2 Exhibit G# 3 Exhibit H)(Randall, Jennifer) (Entered: 08/21/2007)
143 SUPPLEMENT/AMENDMENT to 139 Proposed Pretrial Order, Supplemented Exhibit and Witness Lists by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Randall, Jennifer) (Entered: 08/22/2007)
144 Minute ORDER granting Plaintiff EEOC's 123 Motion for Leave of Court to Conduct Deposition of Ray Turner after the Close of Discovery. Discovery deadline is extended to 9/14/07 for this limited purpose, by Magistrate Judge Michael J. Watanabe on 8/23/07.(gms, ) (Entered: 08/23/2007)
145 Utility Setting/Resetting Deadlines/Hearings: Discovery due by 9/14/2007, pursuant to minute order of 8/23/097. Text only entry - no document attached. (gms, ) (Entered: 08/23/2007)
146 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Final Pretrial Conference held on 8/23/2007. The Final Pretrial Order is approved and shall be filed as amended on the record. Counsel shall make

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09/05/2007 09/05/2007 09/05/2007 09/05/2007 09/05/2007 09/05/2007 09/06/2007 09/18/2007
09/18/2007

the changes of record and resubmit the final pretrial order, dated nunc pro tunc August 23, 2007, on or before August 30, 2007. (Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 08/23/2007)
147 Stipulated STATUS REPORT AND REQUEST FOR AN EXTENSION OF PENDING DEADLINES by Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Magruder, Michelle) (Entered: 08/28/2007)
148 ORDER re: 147 Status Report and Request for an Extension of Pending Deadlines filed by Colorado Boulevard Motors, Inc. Dispositive Motions due by 9/11/2007, Final Pretrial Order due by 9/10/2007. Defendant's Response to Plaintiff EEOC's Rule 72(a) Objection is extended to 9/7/07. Signed by Judge Lewis T. Babcock on 8/29/07. (mrs, ) (Entered: 08/29/2007)
149 SETTLEMENT AGREEMENT Consent Decree by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc.. (Randall, Jennifer) (Entered: 09/05/2007)
150 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc.. (Randall, Jennifer) (Entered: 09/05/2007)
151 Joint MOTION to Seal Document Exhibit A to Consent Decree by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 09/05/2007)
152 Stipulated MOTION to Dismiss With Prejudice by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 09/05/2007)
153 SETTLEMENT AGREEMENT Amended Consent Decree by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc.. (Randall, Jennifer) (Entered: 09/05/2007)
154 Exhibit A in Support of 153 Settlement Agreement/Consent Decree by Plaintiff Equal Employment Opportunity Commission, Defendant Colorado Boulevard Motors, Inc. (Public entry for Sealed Document 150 filed 9/5/07.) Text only entry - no document attached. (mrs, ) (Entered: 09/06/2007)
155 MINUTE ORDER GRANTING the Joint 151 Motion to File Under Seal, by Judge Lewis T. Babcock on 9/6/07.(mrs, ) (Entered: 09/06/2007)
156 ORDER Pursuant to the Stipulated 152 Motion to Dismiss, this matter shall be DISMISSED WITH PREJUDICE, each party to pay their own fees and costs. The Court shall retain jurisdiction over this matter solely for the purposes outlined in the Consent Decree entered into by the parties. Signed by Judge Lewis T. Babcock on 9/18/07.(mrs) (Entered: 09/19/2007)
157 AMENDED CONSENT DECREE: In full settlement of all claims asserted by EEOC and the class of aggrieved individuals in this case, Defendant agrees to pay a total of $12,500.00. The Defendants shall pay the settlement amount by check or

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money order no later than ten days from the Court's entry of the Consent Decree.Each party shall be responsible for and shall pay its own costs and attorney's fees. Signed by Judge Lewis T. Babcock on 9/18/07. (mrs) (Entered: 09/19/2007)

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