1 WILLIAM R. TAMAYO - #084965(CA) JONATHAN T. PECK - #12303 (VA)
2 PAMELA G. RUBIN - #412479 (CT) EQUAL EMPLOYMENT OPPORTUNITY
3 COMMISSION San Francisco District Office
4 901 Market Street, Suite 500
San Francisco, California 94103 5 Telephone: (415) 356-5068

FICED
Clerk District Court
SW 2 1998
For The Ncrthern Msrima Islands BY
(Deputy C!er!S

6 Attorneys for Plaintiff

7 UNITED STATES DISTRICT COURT FOR THE
8
DISTRICT OF NORTHERN MARIANA ISLANDS 9

10 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

CIVIL ACTION NO.

11

Plaintiff,

CV 9 8 - 0 0 5 5

12

) COMPLAINT-

V.
13
14 EJ INTERNATIONAL, INC. dba MOODS & MUSIC dba THE
15 COLONEL'S PLACE Defendant.
16

)

)

Civil Rights -

)

Employment Discrimination

)
) JURY TRIAL DEMAND

)

)

NATURE OF THE ACTION

17 This is an action under Title VI1 of the Civil Rights Act of

18
1964 and Title I of the Civil Rights Act of 1991 to correct

19
unlawful employment practices on the basis of sex and to provide

20
appropriate relief to affected class members. As alleged below,

21 defendant subjected a class of its female employees to sexual

22
harassment, creating an offensive, hostile, abusive and

23
discriminating work environment. Plaintiff also alleges that the
24
affected class members were constructively discharged. 25

JURISDICTION AND VENUE 26
1. Jurisdiction of this Court is invoked pursuant to 28

27

U.S.C. § § 451, 1331, 1337, 1343, and 1345. This action is

28 authorized and instituted pursuant to sections 706(f)(1) and (3)

COMPLAINT

I

1 of Title VI1 of the Civil Rights Act of 1964, as amended, 42

2 U.S.C. § § 2000e-5(f)(1) and (3)(Title VII), and section 102 of

3 the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

4

PARTIES

5

2. Plaintiff, the Equal Employment Opportunity Commission

6 (the Commission), is the agency of the United States of America

7 charged with the administration, interpretation, and enforcement

8 of Title VI1 and is expressly authorized to bring this action by

9 sections 706(f) (1) and (3) of Title VII, 42 U.S.C. § § 2000e-

10 5(f) (1) and (3).

11

3. At all relevant times, Defendant EJ International, Inc.

12 dba Moods & Music dba The Colonel's Place(defendant employer) has

13 continuously been doing business in the Northern Mariana Islands

14 and the island of Saipan and has continuously had at least

15 fifteen employees.

16

4. At all relevant times, Defendant Employer has

17 continuously been an employer engaged in an industry affecting
18 commerce within the meaning of section 701(b), (9), and (h) of

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

20

STATEMENT OF CLAIMS

21

5. More than thirty days prior to the institution of this

22 lawsuit, Jennifer Parinas and Omniejainab Hapa filed charges with

23 the Commission alleging violations of Title VI1 by Defendant

24 Employer. All conditions precedent to the institution of this

25 lawsuit have been fulfilled.

26

6. Since at least March 1997, Defendant Employer has

27 engaged in unlawful practices at its Saipan facility, in

28 violation of section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-

COMPLAINT

2

1 2(a) (1). These practices included subjecting a class of female

2 employees to sexual harassment, which included, i n t e r a l i a , a

3 hostile work environment and the conditioning of employment on

4 performance of sexual favors (quid pro quo sexual harassment) ,

5 and constructive discharge.

6

7. The effect of the practices complained of above has

7 been to deprive the affected individuals of equal employment

8 opportunities and otherwise adversely affect their employment

9 status because of their sex and because they were constructively

10 discharged.

11

8. The unlawful employment practices complained of above

12 were and are intentional.

13

9. The unlawful employment practices complained of above

14 were done with malice or reckless indifference to the federally

15 protected rights of affected individuals.

16

PRAYER FOR RELIEF

17

WHEREFORE, the Commission respectfully requests that this

18 Court :

19

A. Grant a permanent injunction enjoining Defendant

20 Employer, its officers, successors, assigns, and all persons in

21 active concert or participation with it, from engaging in sexual

22 harassment, constructive discharge, and any other employment

23 practice which discriminates on the basis of sex.

24

B. Order Defendant Employer to institute and carry out

25 policies, practices, and programs which provide equal employment

26 opportunities for women and which eradicate the effects of its

27 past and present unlawful employment practices.

28

C. Order Defendant Employer to make whole Ms. Parinas, Ms.

COMPLAINT

3

1 Hapa, and the other class members by providing appropriate back

2 pay with prejudgment interest, in amounts to be determined at

3 trial , and other affirmative relief necessary to eradicate the

4 effects of its unlawful employment practices, including but not

5 limited to appropriate front pay.

6

D. Order Defendant Employer to make whole Ms. Parinas, Ms.

7 Hapa, and the other class members by providing compensation for

8 past and future pecuniary losses resulting from the unlawful

9 employment practices described above, including but not limited

1 0 to relocation expenses, with interest, in amounts to be

11 determined at trial.

12

E. Order Defendant Employer to make whole Ms. Parinas, Ms.

13 Hapa, and the other class members by providing compensation for

1 4 past and future non-pecuniary losses caused by the above unlawful

1 5 conduct, including but not limited to pain and suffering,

16 emotional distress, inconvenience, l o s s of enjoyment of life, and

1 7 humiliation, in amounts to be determined at trial.

18

F. Order Defendant Employer to pay Ms. Parinas, Ms. Hapa,

1 9 and the other class members punitive damages for its malicious

2 0 and reckless conduct described above, in amounts to be determined

21 at trial.

22

G. Grant such further relief as the Court deems proper.

23

H. Award the Commission its costs in this action.

24 /// 25 /// 26 ///

27 / / /

28 ///

COMPLAINT

4

1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of

3 fact raised by its complaint.

4

5

Respectfully submitted,

6

C. GREGORY STEWART

General Counsel

7

8

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

9

1 8 0 1 L Street, N.W.

Washington, DC 2 0 5 0 7

10

11

12

13
Regional
14

15

16

T. PECK

Trial Attorney

17

1 8 Dated: q l l B l 9 X
19 20

PAMELA G. RUBIN Trial Attorney

21

EQUAL EMPLOYMENT OPPORTUNITY

22

COMMISSION

San Francisco District Office

23

901 Market Street, Suite 5 0 0

San Francisco, CA 9 4 1 0 3 - 1 7 3 5

24

Telephone: ( 4 1 5 ) 3 5 6 - 5 0 6 8

25

26

27

28

COMPLAINT

5

 
 - 1 WILLIAM R. TAMAYO #084965 (CA) - JONATHAN T. PECK - #12303 (VA)
2 DAPHNE E. BARBEE #29ll (HI)

FILED Clerk
District Court

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 San Francisco District Office

JUN 1 i 1999

901 Market Street, Suite 500 4 San Francisco, CA 94103

ForThe Northern MarianaIslands

Telephone: (415) 356-5068 5 Honolulu Local Office

BY
(Deputy Clerk)

300 Ala Moana Blvd., Room 7123A

6 Honolulu, Hawaii 96850

Telephone: (808) 541-3121

7

Attorney's for Plaintiff

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NORTHERN MARIANA ISLANDS

10

EQUAL EMPLOYMENT OPPORTUNITY

1 CIVIL ACTION N0.98-0055

11 COMMISSION,

1

1

12

Plaintiff,

1

1

13 EJ INTERNATIONAL, INC., dba MOODS )

CONSENT JUDGMENT

& MUSIC dba THE COLONEL'S PLACE 1

14

)

Defendants.

)

15

1

16
CONSENT JUDGMENT
17
Plaintiff has filed it's Complaint and the Defendants having
18
appeared, hereby withdraw their Answer and waive any defense to
19
the Complaint filed herein, waive findings of fact and
20
conclusions of law, and agree to the entry of this Judgment
21
without contest. It is therefore, upon motion of the attorneys
22
for Plaintiff, and for cause shown:
23
1. ORDERED, ADJUDGED AND DECREED. This Order applies to
24
EJ International, Inc. dba Moods & Music Cocktail Lounge, dba,
25
The Colonel's Place, and Elizabeth P. Castenada, SS #
26
as an individual, their officers, agents, servants, employees,
27
and all persons acting or claiming to act in their behalf and
28
interest (hereinafter referred to collectively as "Defendants").

Consent Judgement

1 The Defendants hereby are permanently enjoined and restrained

2 from violating the provisions of Title VI1 of the Civil Rights

3 Act of 1964, as amended, 42 U.S.C. Sec. 2000 et.sea. and Sec. 102

4 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a, as

5 follows:

6

The Defendants shall not discriminate on the basis of sex

7 and shall not subject employees to sexual harassment, nor

8 knowingly allow and or encourage customers to sexually harass

9 employees. The Defendants shall not retaliate against any

10 employee, witness or any individual who opposed unlawful

11 employment discrimination practices, or participated in any

12 manner in this investigation and lawsuit.

13

14

2 . I T I S FURTHER ORDERED that the Plaintiff shall recover

15 from the Defendants the sum of Fifty Thousand Dollars each

16 ($50,000.00) for charging parties Omniejainab Hapa,and Jenifer

17 Parinas for a total amount of One Hundred Thousand Dollars

18 ($100,000.00). Further, Plaintiff shall recover from Defendants

19 the sum of Fifty Thousand dollars each ($50,000.00) for the

20 following women identified as class members who were subjected to

21 sexual harassment during their employment at Moods & Music

22 nightclub for a total of Two Hundred and Fifty Thousand dollars

23 ($250,000.00) :

24 Raquel Primero, Baby Grace Nuez, Marilyn Yuson, Olivia SantOS

25 Garote, and Lorilie Salazar.

26

The Defendants have established to the satisfaction of

27 the Plaintiff that they presently have no assets or funds which

28 could be utilized to pay the Judgment. The corporations, are no

Consent Judgement
2

1 longer in business and none have any furniture, fixtures, or

2 property that could be sold. Defendant Elizabeth P. Castaneda

3 has entered a plea of guilty to one count of 18 U.S.C. Sec. 2 &

4 2421, Transportation and Aiding and Abetting Transportation for

5 Illegal Sexual Activity, and pursuant to a Plea Bargain Agreement

6 with the U.S. Attorney in Criminal Action No. 97-00038 will be

7 incarcerated in a Federal prison in the mainland United States or

8 be placed on probation, a condition of which would be for her

9 immediate deportation from the Commonwealth of the Northern

10 Mariana Islands. Should any of the Defendants, at any time,

11 obtain assets which can be utilized to pay the judgment owing to

12 the charging parties and class members those assets shall be used

13 for that purpose.

14

Any payment shall be by certified checks, cashier's

15 checks, or money orders drafted to the order of the named

16 charging parties and class members identified in paragraph 2 and

17 shall be mailed to:

18

U.S. EEOC

P.O. Box 500082

19

300 Ala Moana Blvd.#7123A

Honolulu, Hawaii 96850-0051

20

All checks shall be accompanied by a letter identifying the

21

case name as EEOC v. E.J. International, et. al. U.S.D.C.N.M.I.

22

(No. 98-0055) and include the employers' tax identification

23

numbers.

24

3. IT IS FURTHER ORDERED that until all monies due under
25

this Judgment have been paid in full, the Defendants will make
26

available to Plaintiff, at Plaintiff's request, all records which

27

show the Defendants financial records, including updated tax
28

returns.

Consent Judgement
3

1

4. IN IS FURTHER ORDERED that Plaintiff shall distribute

2 the monies paid by Defendants under this Judgment to the charging

3 parties and class members identified in paragraph 2 or to the

4 estates, if that is necessary, in the amounts set forth therein.

5 Any money not so paid within one (1) year after the payment of

6 the final installment because of the inability to locate said

7 employees or because of their refusal to accept said proceeds

8 shall be deposited with the Treasurer of the United States

9 pursuant to 2 8 U.S.C. Section 2041.

10

5. DEFENDANTS' WARRANTY. The Defendants agree that they

11 will not raise the filing of this action as a defense in any

12 action that may be brought against the Defendants by any of their

13 employees not named in the Consent Judgment herein for alleged

14 violation of Title VII, Civil Rights Act.

15

6. ACCURATE INFORMATION. It is expressly understood by

16 the parties that Plaintiff's agreement to the monetary terms of

17 this Judgment is premised upon the truthfulness and accuracy of

18 the Financial Statements of Debtors documents, and attachments,

19 executed under penalty of perjury by Defendants EJ International,

20 Inc., and Elizabeth P. Castaneda, individually, which Elizabeth

21 P. Castaneda and corporate Defendants shall provide to Plaintiffs

22 within fifteen (15) days of the entry of this Consent Judgment.

23 Should Plaintiff discover that the information provided by the

24 Defendants relative to their financial disclosure documents is

25 inaccurate or incomplete, Plaintiff shall be entitled to

26 immediate full payment with interest and costs.

21

7. IT IS FURTSER ORDERED, The Defendant agrees that this

28 Consent of Judgment may not be discharged, in whole or in part,

Consent Judgement
4

1 by any present or future bankruptcy proceeding.

2

8. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each

3 party shall bear its own fees and other expenses incurred by such

4 party in connection with any stage of this proceeding.

5

Dated this

day of/c7,---

I 1999

6

7

L*

”

ALEX R. MTJNSON‘

8

United States District Judge

District of the Northern

9

Mariana Islands

10

Presented by:

11

12

Senior Trial Attorney

13

U.S. EEOC

14

15 ENTRY OF THIS JUDGMENT HEREBY
16 CONSENTED TO AND NOTICE OF PRESENTATION IS WAIVED:
17
EJ INTERNATIONALl INC., AND 18 ELIZABETH P. CASTANEDA, an individual

19 BY:

ELIZABETH P. CASTANEDA, individually

20

and as President of EJ INTERNATIONAL, INC.

and owner of Moods and Music nightclub

21

DATED :

22

23

24

25

26

27

28

Consent Judgement
5

irt3 '[I8

EEll c' HONOLULU

by any present or future bankruptcy proceeding.

a. Zl! IB FURTHER ORDERED, ADJUDGED AND DECREED t h a t each

party shall bear its own fees and othzr expenses incurred by such

L party in connection with any stage of this proceeding.

.!
Dated this -.

rhm

1999

c

c

1

ALEX R. -MUNSON +-dJ

t

United States District Judge

District of the Northern

5

Mariana Islands

1(

Presented by:

11

1;

Senior Trial Attorney

1:

U - S , EEOC

14

DATED :

1

ENTRY OF THIS JUDGMENT HEREBY

1f CONSENTED TO AND NOTICE OF

PRESENTATION IS WAIVED:

li

EJ INTERNATIONAL, I N C . , AND
ciz& la ELIZABETX P. CASTANEDA, an individual
yL,,. [&w-
15 BY:

ELaABETH P , CASTANEDA, individuallv

2c

and as President of EJyINTERNATIONG, I N C .

and owner of Moods and Music nightclub

21

22

23

24

25

26

27

28

5

 
 CM/ECF - U.S. District Court for the Northern Mariana Islands - Docket Report

Page 1 of 1

U.S. District Court Northern Mariana Islands (NMI) CIVIL DOCKET FOR CASE #: 1:98-cv-00055

CLOSED

U.S. Equal Employment Opportunity Commission v. E.J. International Inc. Assigned to: U.S. District Judge Alex R. Munson Demand: $0 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff
U.S. Equal Employment Opportunity Commission

Date Filed: 09/25/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

V.
Defendant
E.J. International Inc. doing business as Moods & Music doing business as The Colonels Place

represented by Eric S. Smith Smith and Williams, Inc. P.O. Box 5133 CHRB Saipan,, MP 96950 (670) 233-3334 Fax: (670) 233-3336 Email: smithandwilliams@pticom.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/1998

#

Docket Text

1 Copy of Manual Docket Sheet; [ACH EOD 09/25/1998] (ORIGINAL GCMS ENTRY 1-1) (cnv) (Entered: 09/25/1998)

PACER Service Center
Transaction Receipt

PACER Login: Description: Billable Pages:

06/01/2007 05:47:54

hs0328

Client Code:

Docket Report Search Criteria:

1

Cost:

eeoc 1:98-cv-00055 0.08

https://ecf.nmid.uscourts.gov/cgi-bin/DktRpt.pl?525255713178197-L_280_0-1

5/31/2007

 
 'ISTRICT OFF

DOCKET YO YR. NUMBER

DATE OR MO. DAY YR

J

NATY4E

DIV

I PTF DEF 23

0994 1 98 0055 1 09 25 98 1 442

I I I
1 JUDGE

MAG

COUNTY

9402

75010 YES 98 0055

I U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

I

I E. J. INTERNATIONAL, INC.

I

dba MOODS & MUSIC dba THE COLONELS PLACE

CAUSE (CITE THE U.S. CIVIL STATUTE UNDER WHICH THE CASE
IS FILED AND WRITE A BRIEF STATEMENT OF CAUSE)
Title VI1 of the Civil Rights Act of 1964, as amended, 42 USC 52000e et seq., and the Civil Rights Act of 1991, 42 USC 51981a; sexual harrassment and constructive discharge.

ATTORNEYS
PAMELA G. RUBIN
EEOC - San Francisco District Office
901 Market Street, Suite 500 San Francisco, CA 94103 Tel: (415) 356-5068

ERIC S. SMITH
Attorney at Law P.O. Box 5133 Saipan, MP 96950 Tel: (670) 233-3334 Fax: (670) 233-3336

I 1 1 CHECK

FILING FEES PAID

1 -

HERE

IF CASE WAS

FILED IN

DATE
9/25/98

RECEIPT NUMBER
No fee - U.S. Govt Agency

FORMA PAUPERIS

-
I

UNITED STATES DISTRICT COURT DOCKET

C D NUMBER

1

STATISTICAL CARDS

CARD

DATE MAILED

. JS-6

-

R.

EEOC-

~ - -

~

~

vs2 EJINTERNATIONAL

~-~ ~

~~~
-~~~ ~

PROCEEDINGS

(MOO~ DS - &

MUSIC

dba

TH- E COLON-E- L'S

PLACE)

~

~

CV-98-0055-~~~

~

~-

- 1 COMPLAINT JURY TRIAL demand.

11

2 NOTICE of Appearance of Counsel and Petition for Temporary Admission

11

3 ORDER Granting Temporary Admission (William R. Tamayo, Jonathan T. Peck,

and Pamela G . Rubin)

1

k Summons Issued

4 Return of Service

1

5 ANSWER

11

i ORDER RE: Case Management Conference: 01/05/99 09:30am.

wb

7 DEFENDANT'S Case Management Conference Statement.

wb

3 PROOF of Service by U.S. Postal Service

11

9 PROOF of Service by U.S. Postal Service

11

10 PLAINTIFF'S Initial Disclosures

1

11 PLAINTIFF'S Case Management Conference Statement

1

12 Case Management Scheduling Order (Status Conference - June 4,1999; Settlement COnf.

Aug. 2 4 , 199 at 9:00 a.m.; PTC September 10, 1999 at 9:00 a.m.; JURY TRIAL on

September 20, 1999 at 9:OO a.m.)

1.

13 NOTICE of Appearance of Counsel and Petition for Temporary Admission of DAPHNE

E. BARBEE & Order granting appearance and petition for temporary admission.

81

.4 NOTICE of Motion and Motion to Withdraw as Counsel (Eric S. Smith)

11

.5 DECLARATION of Eric S. Smith

11

.6 DECLARATION of Elizabeth P. Castaneda

11

.7 PROOF of service by mail of mtn to withdraw as cnsl, etc.

€3

18 DECLARATION of Eric S. Smith in spprt of request to advance the motion to

withdraw.

81

.9 REQUEST to advance the motion and order advancing the hearing on Motion to

Withdraw as counsel is advanced to MAY 13, 1999 at 9:00 a.m.

g€

!O ORDER allowing Eric S. Smith to withdraw as attorney of record & removing mtn

to withdraw from the May 13, 1999 calendar.

81

!1 PROOF of serv by U.S. postal service. 22 NOTICE Rescheduling Status Conference (June 3 , 1999 at 8:30 a.m.)

T

2: AMENDED Notice REscheduling Status Conference (June 3 )

1

21 CERTIFICATE Of Service for Pltf's First Request for Production of Documents to

Defendants !5 ORDER Continuing Status Conference (6-11-99 at 8:30 a.m.)

11 11

26 CONSENT Judgment.

wb

-

* U.S.GOVERNMENTPRINTINGOFFICE 199025809