ORIGINAL
Anna Y. Park, SBN 164242 (CA) U.S. EOUAL EMPLOYMENT OPPORIUNITY COMMISSION 255 East Tem]21e Stree~ Fourth Floor Los Angeles, CA 900 I L Telephone: (213) 894-1083 Faesimile: (213) 894-1301 E-Mail: lado.legal@eeoe.gov Wilfredo Tungo!" SBN 2550 (HI) 300 Ala Moana jjlvd. #7-127 P.O. Box 50082 Honolulu, Hawaii 96850-0051 Telephone: (808) 541-3121 Faeslmile: (808) 541-3390 E-Mail: wilfredo.tungol@eeoe.gov Attome~ for Plaintiff U.S. E UAL EMPLOYMENT OPPOR UNITY COMMISSION

UNITED STATES DISTRICT COURT DISTRICT OF HAWAIl

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
STRAUB HOSPITAL and HAWAII PACIFIC HEALTH,
Defendant(s).

Case No.: _ _ _ _ __
COMPLAINT-CIVIL RIGHTS EMPLOYMENT DISCRIMINATION
JURY TRIAL DEMAND

NATURE OF THE ACTION AND JURISDICTION This is an aetion under Title VII of the Civil Rights Aet of 1964 and Title I of the Civil Rights Aet of 1991 and under the Age Diserimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq., (the "ADEN'), to correct unlawful employment practices on the basis of sex (female) and age (over 40), and

to provide appropriate relief to Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and to similarly situated persons who were not hired by Defendants Hawaii Pacific Health and Straub Hospital on the basis of their sex (female) or age (over forty (40» or above, who were adversely affeeted by sueh praetiees. Plaintiff U.S. Equal Employment Opportunity Commission alleges that the defendants discriminated against "Charging Parties" and other similarly situated individuals based on their sex or age by failing to hire them for the positions that they applied for, namely security officers at Straub Hospital in June 2004.
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
Section 706(f)(l) and (3) of Title vn of the Civil Rights Act of 1964, as amended,
42 U.S.c. § 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a and section 7 of the ADEA, 29 U.S.C. § 626(b), which incorporates by reference sections 16(c) and 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§216(c) and 217.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Hawaii.
PARTIES 3. Plaintiff, the U.S Equal Employment Opportunity Commission ("EEOC" or "Commission"), 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 under Section 706(f)(1) and (3) and Section 707 ofTitie VII, 42 U.S.C. § 2000e-5(f)(l) and (3), § 2000e-6 and under Section 7(b) of the ADEA, 29 U.S.c. § 626(b), as amended by section 2 of
2

Reorganization Plan No.1 of 1978,92 Stat. 3781 and by Public Law 98-532 (1984) 98 Stat. 2705.
4. At all relevant times, Defendant Straub Hospital was and has continuously been a Hawaii corporation doing business in the City and County of Honolulu, State of Hawaii and has continuously had at least 15 employces.
5. At all relevant times, Defendant Hawaii Pacific Health has continuously been continuously been a Hawaii corporation doing business in the City and County of Honolulu and has continuously had at least 15 employees.
6. At all rclevant times, Defendant Employers have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
7. All of the acts and failures to act alleged herein were duly performed by and attributable to all Defendants, each acting as a successor, agent, employee, or under the direction and control of the others, except as specifically alleged otherwise. Said acts and failures to act were within the scope of such agency and/or employment, and each Defendant participated in, approved and/or ratified the unlawful acts and omissions by the other Defendants complained of herein. Whenever and wherever reference is made in this Complaint to any act by a Defendant or Defendants, such allegations and reference shall also be deemed to mean the acts and failures to act of each Defendant acting individually, jointly, and/or severally.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Helen Josypenko, Laurecn Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, and Ruth Jones filcd a charge with the Commission alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit has been fulfilled.
3

9. Since at least June 1,2004, Defendant Employers individually and collectively engaged in unlawful employment practices at their Honolulu, Hawaii location in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2, by failing to hire Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situated individuals because of their sex, female.
10. The effect of the practices complained of in paragraphs 8 and 9 above has been to deprive the Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as applicants for employment, because of their sex.
11. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situated individuals.
12. In addition to the foregoing, more than thirty days prior to the institution of this lawsuit, Helen Josypenko, Laureen Arashiro, Yvonne Lima, filed a charge with the Commission alleging violations of the ADEA by Defendant Employers. All conditions precedent to the institution of this lawsuit has been fulfilled.
13. Since at least in or about June 2004, Defendant has engaged in unlawful employment practices in violation of ADEA. The unlawful employment practices include Defendants' decision not to hire Charging Parties Helen Josypenko, Laureen Arashiro, Yvonne Lima, and other similarly situated individuals who were age forty (40) or above at the time Defendants refused to hire them.
4

14. The effect of the practices complained of above has been to deprive equal employment opportunities to persons who were age forty (40) or above at the time Defendants refused to hire them.
15. The unlawful employment practices complained of above were and are willful within the meaning of section 7(b) of the ADEA, 29 U.S.C. §626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination and any other employment practices which discriminates on the basis of sex and age. B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and workers over the age of forty (40), and which eradicate the effects of their past unlawful employment practices. C. Order Defendant Employers to make whole Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situated individuals by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to rightful-place hiring, plus prejudgment interest. D. Order Defendant Employers to make whole Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
5

E. Order Defendant Employers to make whole Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, Ruth Jones, and similarly situatcd individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employers to pay Helen Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen, Doris Faletoi, and Ruth Jones, and similarly situated individuals punitive damages for their malicious and reckless conduct described above, in amounts to be determined at trial.
G. Grant a permanent injunction enjoining Defendants, and their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of age.
H. Order Defcndants to institute and carry out policies, practices and programs which provide equal employment opportunities for persons forty (40) years of age and older, and which eradicate the effects of their past and present unlawful employment practices;
I. Grant a judgment requiring Defendants to pay persons on whose bchalfthe EEOC seeks relief who were over age forty (40) when they were refused to be hired by Defendants the appropriate back pay, front pay and benefits in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest on the lost pay and benefits.
J. Grant such further relief as thc Court deems necessary and proper in the public interest.
K. Award the Commission its costs of this action. 1/1
;i/i, i
6

 
 MARY A. WILKOWSKI 4622 304C Iolani Avenue Honolulu, Hawai 96813 Telephone: (808) 536-5444 FacsImile: (808) 591-2990 E-Mail: maw808@aol.com Attorney for Plaintiff-Intervenor DORIS FALETOI

UNITED STATES DISTRICT COURT

DISTRICT OF HAWAII

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
VS.
STRAUB HOSPITAL and HAWAIl PACIFIC HEALTH,

~ Case No.: CV-06-00~CK-LEK
CIVIL RIGHTS COMPLAINT OF PLAINTIFF-INTERVENOR DORIS FALETOI
JURY TRIAL DEMANDED

Defendants.

DORIS FALETOI,

Plaintiff-Intervenor,

vs.

STRAUB HOSPITAL and HAWAIl PACIFIC HEALTH,

Defendants.

CIVIL RIGHTS COMPLAINT OF PLAINTIFF-INTERVENOR DORIS FALETOI
Plaintiff-Intervenor DORIS FALETOI ("Plaintiff-Intervenor"), by and through her undersigned attorney, hereby alleges the following claims against her prospective employers, Defendants HAWAII PACIFIC HEALTH and STRAUB HOSPITAL ("Defendants" or "Defendant Employers"). A jury trial in this case has been set. The factual bases for each claim are incorporated and realleged as part of each successive claim. I. This is an action under Title VII ofthe Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of gender (female) and age (over 40) to provide appropriate relief because Defendants failed and refused to hire her because she is a woman and over the age of 40, and she has been adversely affected because of Defendants' practices. PlaintiffIntervenor alleges that Defendant Employers discriminated against her, despite her qualifications for such positions, by failing to hire her as a security officer for its medical facilities on three separate occasions: for Straub Hospital in or about March 2004, for Straub Hospital in or about May 2004, and for Kapiolani Medical Center for Women and Children in or about May 2004.
2

2. Plaintiff-Intervenor is also among a group of similarly-situated women on whose behalf the Equal Employment Opportunity Commission filed suit on September 28,2006 against Defendant Employers under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq., (the "ADEA"), to correct unlawful employment practices on the basis of age (over 40).
JURISDICTION AND VENUE 3. 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 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII"). This Court also has jurisdiction over pendant State of Hawaii claims, which are also alleged 4. The employment practices alleged to be unlawful occurred within the jurisdiction of the United States District Court for the District of Hawaii.
PARTIES 5. Plaintiff-Intervenor is a woman who, at all relevant times, was a resident of the City and County of Honolulu, in the State of Hawaii. 6. Defendant Straub Hospital is and was at all relevant times a Hawaii corporation continuously doing business in the City and County of Honolulu, State of Hawaii. It has continuously maintained at least 15 employees.
3

7. Defendant Hawaii Pacific Health is and was at all relevant times a Hawaii corporation continuously doing business in the City and County of Honolulu. It has continuously maintained at least 15 employees. 8. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce, within the meaning of Sections 70 l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 9. All of the acts and failures to act alleged herein were duly performed by and attributable to all Defendants, each acting as a successor, agent, employee, or under the direction and control of the others, except as specifically alleged otherwise. Said acts and failures to act were within the scope of such agency andlor employment, and each Defendant participated in, approved and/or ratified the unlawful acts and omissions by the other Defendants complained of herein. Whenever and wherever reference is made in this Complaint to any act by a Defendant or Defendants, such allegations and reference shall also be deemed to mean the acts and failures to act of each Defendant acting individually, jointly, and/or severally.
STATEMENT OF CLAIMS Count 1 - Discrimination (Gender) in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2, et seq. 10. Plaintiff-Intervenor has satisfied all jurisdictional prerequisites to filing suit in this Court, pursuant to Title VII.
4

11. Since March 2004, Defendant Employers individually and collectively engaged in unlawful employment practices at their Honolulu location in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2, by failing to hire Plaintiff-Intervenor because she is a woman. 12. Defendant Employers' discriminatory and unlawful practices have deprived Plaintiff-Intervenor of her right to equal employment opportunities and otherwise adversely affected her status as an applicant for employment, because of her gender. 13. Defendant Employers' unlawful employment practices were done either maliciously or with reckless indifference to Plaintiff-Intervenor's federally- protected rights.
Count 2 - Discrimination (Gender) in violation ofH.R.S. 378-2, et g:g" the Hawaii Administrative Rules
and Common Law 14. HRS Sec. 378-2 provides that:
It shall be an unlawful discriminatory practice: (I) Because ofrace, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, or arrest and court record:
(A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment; (3) For any person whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by
5

this part, or to attempt to do so[.] 15. As alleged, the actions of Defendants, and each of them, violated HRS 378-2, et seq. 16. Plaintiff-Intervenor received a right to sue letter from the Equal Employment Opportunity Commission and timely asserts this claim.. 17. The actions of Defendants, and each of them, violated the common law protections afforded to Plaintiff-Intervenor that proscribe discrimination by a prospective employer based upon gender. 18. By reason of Defendants' conduct, Plaintiff-Intervenor has necessarily retained an attorney to prosecute this action. She is, therefore, entitled to an award of reasonable attorneys' fees and litigation expenses incurred in bringing this suit. 19. As a result of Defendants' actions, Plaintiff-Intervenor has suffered humiliation, mental anguish and emotional and physical distress resulting in damages in an amount to be proved at trial. Defendants' actions have also caused her to sustain economic damages to be proven at trial.
Count 3 - Discrimination (Age) in violation ofH.R.S. 378-2, et~, the Hawaii Administrative Rules
and Common Law 20. HRS Sec. 378-2 provides that:
It shall be an unlawful discriminatory practice: (1) Because of race, sex, sexual orientation, age, religion, color, ancestry,
6

disability, marital status, or arrest and court record: (A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;
(3) For any person whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so[.]
21. As alleged, the actions of Defendants, and each of them, violated HRS 378-2, et seq. 22. Plaintiff-Intervenor received a right to sue letter from the Equal Employment Opportunity Commission and timely asserts this claim.. 23. The actions of Defendants, and each of them, violated the common law protections afforded to Plaintiff-Intervenor that proscribe discrimination by a prospective employer based upon age. 24. By reason of Defendants' conduct, Plaintiff-Intervenor has necessarily retained an attorney to prosecute this action. She is, therefore, entitled to an award of reasonable attorneys' fees and litigation expenses incurred in bringing this suit. 25. As a result of Defendants' actions, Plaintiff-Intervenor has suffered humiliation, mental anguish and emotional and physical distress resulting in damages in an amount to be proved at trial. Defendants' actions have also caused her to sustain economic damages to be proven at trial.
7

PRA YER FOR RELIEF Wherefore, Plaintiff-Intervenor respectfully urges this Court to: A. Permanently enjoin Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexand age-based discrimination and any other discriminatory employment practices. B. Order Defendant Employers to institute and carry out policies, practices, and programs that provide equal employment opportunities for women, and that mitigate the effects of their past unlawful employment practices. C. Order Defendant Employers to make Plaintiff-Intervenor whole by providing compensatory back pay, plus prejudgment interest, in an amount to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to rightful-place hiring, plus prejudgment interest. D. Order Defendant Employers to make Plaintiff-Intervenor whole by compensating her for past and future pecuniary losses resulting from their unlawful employment practices, in an amount to be determined at trial. E. Order Defendant Employers to make Plaintiff-Intervenor whole by compensating her for past and future non-pecuniary losses resulting from their unlawful
8

practices, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in an amount to be determined at trial.
F. Order Defendant Employers to pay Plaintiff-Intervenor punitive damages for their malicious and reckless conduct, in an amount to be determined at trial.
G. Order Defendant Employers to pay Plaintiff-Intervenor her attorney's fees and costs.
H. Grant such further relief as this Court deems necessary and proper, JURY TRIAL DEMAND
Jury trial has been set in this matter, and Plaintiff-Intervenor seeks a jury trial on all questions of fact raised by this Complaint.
Dated: Honolulu, Hawaii, March 19,2007.
M\~/\JlAl.'W~\IL~L
Attorney for Plaintiff-Intervenor DORIS FALETOI
9

 
 1 Anna Y. Park, CA SBN 164242

Peter F. Laura, CA SBN 116426

2 Wilfredo Tungol, HI SBN 2550

3 EQUAL EMPLOYMENT

OPPORTUNITY COMMISfICO

4 255 East Temple Street, 4th "moor

5 Los Angeles, CA 90012

DEC

.

~ILfVf~

6 Telephone. (213) 894-1076olloRKUS.",c+clf'T

Facsimile: (213) 894-1301 - DlSTRICTOFHAWAIl

7

8 Attorneys for Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
9

10 Sarah O. Wang, HI SBN 6649-0 11 Melanie Mito May, HI SBN 6739-0
MARR HIPP JONES & WANG 12 1003 Bishop Street, 1550 Pauahi Twr. 13 Honolulu, HI 96813
Telephone: (808) 536-4900 14 Facsimile: (808) 536-6700

15
Attorneys for Defendants 16 STRAUB CLINIC & HOSPITAL and
17 HAWAIl PACIFIC HEALTH

18

UNITED STATES DISTRICT COURT

19

20

DISTRICT OF HAWAII

21

22 U.S. EQUAL EMPLOYMENT 23 OPPORTUNITY COMMISSION,

24

Plaintiff,

25 V.

) CASE NO. CV 06-00530 ACK (LEK) ) )
) [PROPOSED[ CONSENT DECREE;
~ EXHIBITS A-B; ORDER

26 STRAUB HOSPITAL and HA WAll )

27 PACIFIC HEALTH,

)

28

Defendants.

)

~------------------------

-I·

I.

2

INTRODUCTION

3

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC" 0

4 "Commission ") and Defendants Straub Clinic & Hospital and Hawaii Pacifi

5 Health, ("Straub" and "HPH") hereby stipulate and agree to entry of this Consen

6 Decree to resolve the Commission's Complaint (the "Complaint"), filed under Titl

7 VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Titl

8 VII ") and under the Age Discrimination in Employment Act of 1967, as amended

9 29 U.S.C. §§ 621 et seq. (the "ADEN'). This Consent Decree resolves all issue

10 raised by the EEOC in the present lawsuit involving the Charging Parties, Helen

11 Josypenko, Laureen Arashiro, Yvonne Lima, Candace Johnson, Jennifer Siemsen

12 Doris Faletoi, and Ruth Jones, ("Charging Parties") and the additional Claimants

13 (the "Other Claimants"). "Other Claimants" are those individuals who were no

14 hired by Straub, HPH or Kapi'olani Medical Center for Women and Childre

15 ("KMCWC") for security officer positions for which they applied and who wer

16 female and/or 40 years of age or older during the period from June 1, 2004 unti

17 October 1, 2006, or any other similarly situated individuals that the EEO

18 determines to be class members. (The "Claimants" refers to both Charging Partie

19 and the Other Claimants unless otherwise specified).

20

Plaintiff-Intervenor Doris Faletoi moved to intervene m this matter 0

21 January 23, 2007, to pursue her interests under federal and state law, and she file

22 a Complaint-in-Intervention on March 20,2007.

23

Defendants deny the allegations in the Complaint and the Complaint il

24 Intervention and assert that their actions were in compliance with all applicabl

25 federal and state laws.

26

In the interest of resolving this matter, and as a result of having engaged i

27 comprehensive settlement negotiations, the Commission and Defendant

28 (hereinafter referred to as "the Parties") have agreed that this action should b

-2-

finally resolved by entry of the Consent Decree ("Decree"). This Consent Decre

2 is not an admission of liability by Defendants and it shall not constitute m

3 adjudication and/or finding on the merits of the case.

4

II.

5

PURPOSES AND SCOPE OF THE CONSENT DECREE

6

A. The Parties to this Consent Decree ("Decree") are EEOC, Straub, an

7 HPH. This Decree shall be binding on and enforceable against Straub, HPH an

8 their officers, directors, agents, successors and assigns, and against th

9 Commission for the effective period ofthe Decree as noted in section V.

10

B. The Parties have entered into this Decree for the following purposes:

II

1. To provide relief agreed upon for the Claimants;

12

2. To ensure that Straub's and HPH's employment practices

13

comply with federal law;

14

3. To avoid expensive and protracted costs incident to litigation;

15

and,

16

4. To provide a final and binding settlement upon the Parties as to

17

all claims described in section lILA below.

18

III.

19

RELEASE OF CLAIMS

20

A. This Decree fully and completely resolves all issues, claims, an

21 allegations made by the EEOC against Straub and HPH that are raised in th

22 Complaint filed in this action in the United States District Court, District of Hawaii
23 on September 28, 2006, captioned us. Equal Employment Opportuni(

24 Commission v. Straub Hospital and Hawaii Pacific Health, Case No. CV 06

25 00530 ACK (LEK), which emanated from Charges of Discrimination Nos.: 378

26 2004-00618, 378-2004-00619, 378-2004-00620, 378-2004-00634, 378-2004

27 00635, 378-2004-00636, 378-2004-00637, 378-2004-00648, 378-2005-00442

28 378-2005-00444, 378-2005-00445, 378-2005-00446, 378-2005-00448, 378-2005

·3·

00449, all as amended, or all issues and claims which could have been raised 01

2 made by the Commission in this litigation, including but not limited to:

3

l. The claims set forth in Charges of Discrimination Nos. 378-2004

4

00618,378-2004-00619,38-2004-00620, 378-2004-00634, 378-2004

5

00635, 378-2004-00636, 378-2004-00637, 378-2004-00648, 378

6

2005-00442, 378-2005-00444, 378-2005-00445, 378-2005-00446

7

378-2005-00448, 378-2005-00449, all as amended, including claim

8

against KMCWC;

9

2. The claims of the Charging Partics, Other Claimants, and othe

10

similarly situated class members.

11

The entry of said Decree and release of claims is not contingent upon eithe

12 the execution or efficacy of any Release sought from individual Claimant

13 pursuant to the Monetary Relief section below.

14

B. Nothing in this Decree shall be construed to limit or reduce Straub'

15 or HPH's obligation to comply fully with Title VII or the ADEA or any othe

16 federal employment statute.

17

C. This Decree in no way affects the EEOC's right to bring, process

18 investigate, or litigate charges, other than those released herein, that may be i

19 existence or may later arise against Straub or HPH in accordance with standar

20 EEOC procedures.

21

D. The existence of this Consent Decree or settlement ofthe claims in th

22 Commission's Complaint, in general, may not be construed in any way as a

23 admission of any liability on Straub's or HPH's part or as an adjudication and/o

24 finding on the merits ofthe case.

25

IV.

26

JURISDICTION

27

A. The Court has jurisdiction over the Parties and the subject matter 0

28 this lawsuit pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1345, 1367 and 42 U.S.C.

§ 2000e-5(f). The Complaint asserts claims that, if proven, would authorize th

2 Court to grant the equitable relief set forth in this Decree. The terms an

3 provisions of this Decree are fair, reasonable, and just. This Decree contorms wit

4 the Federal Rules of Civil Procedure and Title VII and the ADEA and is not i

5 derogation of the rights or privileges of any person. The entry of this Decree wil

6 further the objectives of Title VII and the ADEA and will be in the best interests 0

7 Straub and HPH, the Commission, and those for whom the Commission allege

8 relief is appropriate (the Claimants).

9

B. The Court shall retain jurisdiction of this action during the duration of

10 the Decree for the purposes of entering all orders, judgments and decrees that may

II be necessary to implement the relief provided herein.

12

V.

13

EFFECTIVE DATE AND DURATION OF DECREE

14

A. The provisions and agreements contained herein are effectiv

15 immediately upon the date which this Decree is entered by the Court ("th

16 Effective Date").

17

B. The duration of this Consent Decree shall be two years and thre

18 months from the date of the Effective Date.

19

VI.

20

MODIFICATION AND SEVERABILITY

21

A. This Decree constitutes the Parties' complete understanding wit

22 respect to the matters contained herein. By the Parties' mutual agreement, thi

23 Decree may be amended or modified in the interests ofjustice and fairness in orde

24 to effectuate the provisions of the Decree. No waiver, modification, or amendmen

25 of any provision of this Decree will be effective unless made in writing and signe

26 by an authorized representative of each of the Parties.

27

B. If one or more provisions of the Decree are rendered unlawful 0

28 unenforceable, the Parties shall make good faith efforts to agree upon appropriat

~5-

amendments to this Decree in order to effectuate the purposes of the Decree. I

2 any event, the remaining provisions will remain in full force and effect unless th

3 purposes of the Decree cannot, despite the Parties' best efforts, be achieved.

4

VII.

5

MONETARY RELIEF

6

A. Straub and HPH shall pay a total of $450,000.00 as alleged damage

7 to the Charging Parties and Claimants. Of this total amount, Straub and HPH shal

8 pay $59,000.00 to intervenor Doris Faletoi with a check to be made payable t

9 Mary Wilkowski in trust for Doris Faletoi. The payment for Doris Faletoi shall b

10 made within 10 business days after the Effective Date of this Decree, or th

11 effective date of the separate agreement between Defendants and Faletoi

12 whichever is later. The EEOC shall have the sole discretion on the moneta

13 distribution of the money to the remaining Charging Parties and to Shemaria

14 Garcia and Shannon Long, both of whom were identified by the EEOC an

15 disclosed to Defendants during conciliation of the Charges of Discrimination.

16 Within ten business days after the Effective Date, or receipt of the distribution lis

17 from the Commission (along with completed W-9 forms for each payee)

18 whichever is later, Straub and HPH shall mail, via certified mail, checks payable t

19 the Charging Parties, Garcia and Long, to be apportioned as notified by th

20 Commission.

21

B. The sum of $20,000 shall be designated from the total amount 0

22 $450,000 as the Class Fund to be distributed to individuals not previousl

23 identified in conciliation. The EEOC shall have the sole discretion on the monetar

24 distribution of the money to these Claimants. Within ten business days after th

25 Effective Date, or receipt of the distribution list from the Commission (along wit

26 completed W-9 forms for each payee), whichever is later, Straub and HPH shal

27 mail, via certified mail, checks payable to these previously unidentified Claimants

28 to be apportioned as notified by the Commission.

C. As the Parties agree that the $450,000.00 total payment represent

2 compensatory damages under Title VII, Straub and HPH are not required to mak

3 any employer contributions, except that it must issue IRS form 1099s or th

4 equivalent as required by law for the payment made to each Claimant. Copies 0

5 these Form 1099s will also be distributed to the Commission upon issuance.

6

D. A copy of the checks and accompanying transmittal papers shall b

7 contemporaneously forwarded to the EEOC.

8

VIII.

9

GENERAL INJUNCTIVE RELIEF

10

A. Compliance With Laws

II

Straub and HPH and its officers, agents, employees, successors and assigns

12 and all of those in active concert or participation with them, or any of them, hereb

13 agree not to engage in any hiring practice which discriminates against women 0

14 individuals over the age of forty.

IS

B. Recruiting and Hiring

16

Straub and HPH shall endeavor to increase diversity in the workforce b

17 undertaking recruitment activities. In pursuing this endeavor, Straub and HP

18 shall engage in the following activities:

19

1. Advertise and actively recruit women and individuals who are ag

20 forty or older in the state of Hawaii;

21

2. Advertise and actively recruit in publications read by women an

22 individuals who are age forty or older (i.e., in newspapers of general circulatio

23 and in AARP publications); and

24

3. Participate in joblcareer fairs to actively recruit

25 individuals who are age forty or older.

26 II

27 /1

28 II

-7-

1 C. Revision of Policies Concerning Discrimination

2

To the extent the following items are not already included in Straub an

3 HPH's written policy(ies) on discrimination and recruitment/hiring, suc

4 policy(ies) shall be revised to include these items:

5

1. Clear objective hiling criteria which expressly prohibit hirin

6 decisions on the basis of sex or age, except as permitted by law;

7

2. Assurance that applicants who make complaints of discrimination 0

8 provide information related to such complaints will bc protected against retaliation;

9

3. Assurance of involvement of human resources in the hiring process;

10

4. A clearly described complaint process that provides accessible an

II confidential avenues of complaint with contact information including name (i

12 applicable), address, and telephone number of persons to whom applicants ma

13 report discrimination and retaliation, including a Compliance Hotline, which i

14 externally administered and permits anonymous complaints; and

15

5. Assurance that Straub and HPH will take immediate and appropriat

16 corrective action when they determine that their hiring policies have been violated.

17

Straub and HPH acknowledge that they centrally gather and retai

18 applications and that their disciplinary policies hold employees and manager

19 accountable for failing to take appropriate action or for engaging in conduc

20 prohibited under this Decree.

21

Straub and HPH shall provide a copy of their written policy(ies) 0

22 discrimination and recruitment/hiring to the EEOC within sixty days after th

23 Effective Date. EEOC shall comment on the policy within forty-five (45) days 0

24 receipt. Should the policy not require any revision, Straub and HPH shall confi

25 re-distribution of the policy no later than thirty (30) calendar days after notification

26 by the EEOC that no revision is required. Also within that thirty (30) calendar da

27 period, the policy shall be posted on Straub and HPH's intranet, Straub and HPH'

28 managers shall be notified bye-mail that the policy is so posted, an equa

-8-

employment opportunity statement with contact information for applicants wit

2 questions will be posted on Straub and HPH's job application website, and th

3 policy shall be included in the Human Resources Policy Manual. In addition,

4 summary of the policy shall be included in the employee handbook that

5 distributed to employees by Straub and HPH the next time such handbook

6 printed.

7

D. Posting

8

Within ten business days after the Effective Date and throughout the term 0

9 this Decree, Straub and HPH shall post notice (attached as Exhibit "A") of th

10 tenus of this Decree in at least one clearly visible location frequented b

11 employees at the location covered by this Decree. This posting shall remain i

12 place for the duration of this Decree.

13

E. Equal Emplovment Opportunity Consultant

14

Within thirty days after the Effective Date, Straub and HPH shall designat

15 an employee as an Equal Employment Opportunity Consultant ("Consultant") wit

16 demonstrated experience in the area of employment discrimination an

17 recruitment/hiring issues. The Consultant shall be subject to the EEOC's approval

18 which shall not be unreasonably withheld. If the EEOC does not approve Strau

19 and HPH's proposed Consultant, the EEOC shall provide Straub and HPH with

20 list of at least three suggested candidates acceptable to the EEOC. Straub and HP

21 shall bear all costs associated with the selection and retention of the Consultant an

22 the performance of his/her duties. The Consultant's responsibilities shall include:

23

a. developing procedures in recruiting, screemng, interviewing

24 selecting, rejecting and hiring individuals without regard to sex and age i

25 compliance with Title VII and the ADEA;

26

b. creating, applying, and implementing objective hiring criteria an

27 reporting/auditing procedures to carry out Straub's and HPH's obligations unde

28 this Decree;

-9-

c. training managcrial/supcrvisory statI of their responsibilities

2 respect to recruiting and hiring under Title VII and the ADEA;

3

d. ensuring that all reports required by this Decree are accuratel

4 compiled and timely submitted; and

5

e. ensuring compliance with the terms of this Decree.

6

F. Training

7

Within sixty days after the Effective Date or thirty days after hiring th

8 Consultant, whichever is later, all of Straub managers that are bascd in the Kin

9 Street hospital facility, all Straub security department employees, and HPH huma

10 resources employees shall be required to attend an intensive training program of a

11 least two hours with regard to compliance under Title VII and the ADEA.

12 training shall be mandatory.

13

I. All employees' training shall include coverage of the subjects ofequa

14 employment opportunity rights and responsibilities, including but not limited t

15 Title VII's and the ADEA's prohibitions against discrimination on the basis ofse

16 and age and reaffirmation of Straub and HPH's commitment to non-discriminator

17 hiring.

18

2. For the remainder of the tenn of this Decree, all new Straub securit

19 department employees shall receive the staff/hourly employee training withi

20 ninety days of hire, and all employees based at the Straub King Street hospita

21 facility who are promoted from a staff/hourly to a managerial position shall receiv

22 the managerial employee training within ninety days of promotion.

23

3. After the initial training as specified above, all Straub managers base

24 at the King Street hospital facility, employees of the Straub Security Department

25 and HPH human resources employees shall receive a one hour training at leas

26 annually thereafter for the remainder of the tenn of this Decree.

27

Within forty-five days after the Effective Date, Straub and HPH shal

28 submit to the EEOC a description of the training to be provided and an outline 0

-10-

the curriculum developed for the trainees. Straub and HPH shall give the EEOC

2 minimum of ten business days' advance written notice to the EEOC of the date

3 time and location of each training program provided pursuant to this Decree, an

4 agrees that a EEOC representative may attend any such training program.

5

IX.

6

RECORD KEEPING AND REPORTING

7

A. Record Keeping

8

Straub and HPH shall (1) submit annual EEO-l reports pursuant t

9 applicable law, (2) maintain supporting documentation as required by applicabl

10 law, and (3) maintain employment applications and resumes as required b

11 applicable law.

12

B. Audit Report

13

Within sixty calendar days after each annual anmversary date of th

14 Effective Date, and at the end of the term of the Consent Decree, Straub and HPH

15 shall conduct an annual audit of the previous twelve-month period, or in the case 0

16 the final report the previous three-month period (the "Audit Period") and submit

17 written report (the "Audit Report") to the EEOC stating the total number 0

18 persons identified by gender and age who during the Audit Period:

19

I. Were interviewed for security guard positions at Straub;

20

2. Were hired for security guard positions at Straub;

21

3. Were offered security guard positions at Straub, but declined th

22 employment offer;

23

4. Voluntarily withdrew from consideration for a security guard positio

24 at Straub.

25

The Audit Report shall also state:

26

I. The percentages of the newly hired security guards at Straub who ar

27 within and outside of the protected classes of gender and age;

28

2. The total applicant flow for security guard positions at Straub;

-11-

3. The pereentages of sueh applicants who are within and outside of th

2 protected group, to the extent known by Straub and HPH; and

3

4. Confirmation that the Notice has remain posted during the Audi

4 Period.

5

For the duration of the Decree, Straub and HPH will request volunta

6 disclosure of age data from applicants for security guard positions at Straub for th

7 limited purpose of assembling data and submitting the Audit Report to the EEO

8 as provided herein. The Parties agree that Straub and HPH's submission 0

9 incomplete data to the EEOC in any Audit Report, due to withholding of such dat

10 by any applicant for security guard positions at Straub, shall not constitute

11 violation of this Decree. The EEOC acknowledges that the voluntary gathering 0

12 age data from applicants is not a violation of the ADEA. The Hawaii Civil Right

13 Commission has issued a statement regarding the voluntary gathering of age dat

14 pursuant to a Consent Decree which is attached hereto as Exhibit B.

15

The EEOC shall have 45 days from receipt of each Audit Report in which t

16 inspect the records and documents reviewed or relied upon by Straub and HPH in

17 compiling the Audit Report.

18

In addition to the Audit Report to the EEOC specified above, Straub an

19 HPH shall provide a list providing the names for all those who attended an

20 training sessions described in section IX.F to the EEOC in writing, by mail 0

21 facsimile, if any such training sessions took place during the applicable twelve

22 month period.

23

X.

24

COSTS OF ADMINISTRATION AND IMPLEMENTATION

25

OF CONSENT DECREE

26

Straub and HPH shall bear all costs associated with its administration an

27 implementation of their obligations under this Consent Decree.

28 III

-12-

1

XI.

2

COSTS AND ATTORNEYS' FEES

3

Each Party shall bear its own costs of suit and attorneys' fees.

4

XII.

5

MISCELLANEOUS PROVISIONS

6

A. During the term of this Consent Decree, Straub and HPH shall provid

7 any potential successor-in-interest with a copy of this Decree within a reasonabl

8 time of not less than thirty days prior to the execution of any agreement fo

9 acquisition or assumption of control of any or all of Straub and HPH's operations

10 or any other material change in corporate structure, and shall simultaneousl

11 inform the EEOC of same.

12

B. During the term of this Decree, Straub and HPH and its successor

13 shall assure that each of its officers, managers, and supervisors is aware of an

14 tern1 in this Decree which is related to his/her job duties.

15

C. The Parties agree to cooperate with each other and use their bes

16 efforts to resolve any dispute that arises under this Agreement prior to seeking th

17 Court's intervention, by way of motion or otherwise.

18

D. The Parties agree to entry of this Decree subject to final approval b

19 the Court.

20

21

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

22

Anna Y. Park

23

Peter F. Laura

Wilfredo Tungol

24

25

26
Date:
27
28

Attorneys for Plaintiff

-13-

2 3 4
5 Date:
6 7

06 2 7

MARR HIPP JONES & WANG

Sarah O. Wang

Melanie Mito May

~ By:

. /

ara O. Wang

Attorneys for Defendants

8

9

[PROPOSEDI-oRDER

10

Pursuant to Kokkonen v. Guardian Life Ins. Co. ofAm., 511 U.S. 375, 381

11 82 (1994) and Flanagan v. Arnaiz, 143 F.3d 540,543-44 (9th Cir. 1998), the Partie

12 further stipulate that this Court shall retain jurisdiction of this action for a period 0

13 two years and three months following entry of this Consent Decree for purposes 0

14 resolving any disputes that may arise in the future regarding the Consent Decree

15 its terms or the enforcement thereof. The Court may order an extension of the ten

16 of this Consent Decree for such period of time as there is shown to be a breach 0

17 the Decree, and may order any other relief the Court deems appropriate. Th

18 provisions of the foregoing Consent Decree are hereby approved and complianc

19 with all provisions thereof is HEREBY ORDERED.

20 21
22 Date:
23 24 25
26 27
28

United States Distric

-14-

 
 CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

U.S. District Court District of Hawaii - CM/ECF V3.1.2 (12/07) (Hawaii) CIVIL DOCKET FOR CASE #: 1:06-cv-00530-ACK-LEK

CLOSED

U.S. Equal Employment Opportunity Commission v. Straub Hospital et al Assigned to: JUDGE ALAN C KAY Referred to: JUDGE LESLIE E KOBAYASHI Cause: 29:621 Job Discrimination (Age)

Date Filed: 09/28/2006 Date Terminated: 01/29/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Anna Y. Park U S Equal Employment Opportunity Commission 255 East Temple Street 4th Flr Los Angeles, CA 90017 213-894-1080 Fax: 213-894-1301 Email: lado.legal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Derek W. Li U S Equal Employment Opportunity Commission 255 East Temple Street 4th Flr Los Angeles, CA 90017 (213) 894-1077 Email: derek.li@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter F. Laura U S Equal Employment Opportunity Commission 255 East Temple Street 4th Flr Los Angeles, CA 90017 (213) 894-1076 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wilfredo O. Tungol Equal Employment Opportunity

1 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**
V. Intervenor Plaintiff Doris Faletoi
V. Defendant Straub Hospital
Defendant Hawaii Pacific Health
2 of 9

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...
Commission Honolulu Local Office 300 Ala Moana Blvd Rm 7-127 Honolulu, HI 96813 541-3121 Email: wilfredo.tungol@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary A. Wilkowski 304C Iolani Ave Honolulu, HI 96813 536-5444 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Sarah O. Wang Marr Jones & Wang LLLP Pauahi Tower 1003 Bishop St Ste 1550 Honolulu, HI 96813 536-4900 Fax: 536-6700 Email: swang@marrjones.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William N. Ota Marr Jones & Wang LLLP Pauahi Tower 1003 Bishop St Ste 1550 Honolulu, HI 96813 536-4900 Fax: 536-6700 Email: wota@marrjones.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Sarah O. Wang (See above for address) LEAD ATTORNEY
3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

ATTORNEY TO BE NOTICED
William N. Ota (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2006 09/28/2006 10/25/2006 10/26/2006
11/29/2006 11/30/2006
11/30/2006 12/04/2006 12/07/2006

# Docket Text
1 COMPLAINT - Civil Rights Employment Discrimination against Straub Hospital, Hawaii Pacific Health - filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Jury Trial Demand# 2 Summons (issued))(emt, ) (Entered: 09/29/2006)
2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 12/18/2006 before JUDGE LESLIE E KOBAYASHI - Signed by Judge HELEN GILLMOR on 9/28/06. (emt, ) (Entered: 09/29/2006)
3 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. Straub Hospital waiver sent on 10/4/2006, answer due 12/4/2006. (Attachments: # 1 Main Document Waiver of Service of Summons)(Tungol, Wilfredo) (Entered: 10/25/2006)
ADVISORY ENTRY RE: The entry docket number 3 Waiver of Service Executed filed
by U.S. Equal Employment Opportunity Commission - Please be advised that the main document does not need to be attached again as an attachment to the filing. In this instance, it appears that the same waiver of service was also submitted as an attachment. No further action
required.. (emt, ) (Entered: 10/26/2006)
4 REPORT of Planning Meeting by U.S. Equal Employment Opportunity Commission. (Tungol, Wilfredo) (Entered: 11/29/2006)
CORRECTIVE ENTRY. The entry docket number 4 Report of Planning Meeting filed by
U.S. Equal Employment Opportunity Commission, was filed incorrectly in this case. The name of the ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the ECF filed document. In this instance the ECF Login is Wilfredo Tungol, pleading's signature line fails to include Wilfredo Tungol's name.Refer to: ECF Procedural Order Section 5 Signatures. The filing party shall re-submit a corrected filing, the ECF User's Signature must be preceded by /s/ and typed in the
space where the signature otherwise would appear (e.g. /s/ Wilfredo Tungol). . (eps ) (Entered: 11/30/2006)
5 REPORT of Planning Meeting (Joint Report) and Proposed Discovery Plan by U.S. Equal Employment Opportunity Commission. (Tungol, Wilfredo) (Entered: 11/30/2006)
6 Defendants Straub Clinic & Hospital and Hawaii Pacific Health's ANSWER to Complaint filed September 28, 2006 by Straub Hospital, Hawaii Pacific Health.(Wang, Sarah) (Entered: 12/04/2006)
7 Scheduling Conference Statement Pursuant to Local Rule 16.2 by U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 12/07/2006)

3 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

12/11/2006 12/18/2006 12/18/2006
12/21/2006 12/21/2006 12/26/2006 12/26/2006
01/04/2007 01/23/2007 01/25/2007 02/01/2007 02/02/2007 02/07/2007 02/21/2007

8 Scheduling Conference Statement by Straub Hospital, Hawaii Pacific Health. (Wang, Sarah) (Entered: 12/11/2006)
9 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health re Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) (Wang, Sarah) (Entered: 12/18/2006)
10 EP: Rule 16 Scheduling Conference held on 12/18/2006. Jury Selection/Trial set for 09:00 AM on 10/23/2007 before JUDGE ALAN C KAY. Final Pretrial Conference set for 9/11/2007 09:00 AM before JUDGE LESLIE E KOBAYASHI. Early Settlement Conference set for 2/1/2007 09:30 AM before JUDGE LESLIE E KOBAYASHI. Motions due by 5/23/2007. Discovery due by 8/24/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 12/19/2006)
11 NOTICE of Appearance by Derek W. Li on behalf of U.S. Equal Employment Opportunity Commission on behalf of U.S. Equal Employment Opportunity Commission. (Li, Derek) (Entered: 12/21/2006)
12 NOTICE of Appearance by Peter F. Laura on behalf of U.S. Equal Employment Opportunity Commission on behalf of U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 12/21/2006)
13 Rule 16 SCHEDULING ORDER. Signed by Judge LESLIE E KOBAYASHI on 12/26/06. (gls, ) (Entered: 12/26/2006)
COURT'S CERTIFICATE of Service - a copy of 13 Scheduling Order has been served to Registered Participants of CM/ECF whom received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 12/27/2006)
14 Corporate Disclosure Statement by Straub Hospital, Hawaii Pacific Health. (Wang, Sarah) (Entered: 01/04/2007)
15 MOTION to Intervene as Intervenor - by Doris Faletoi. (Attachments: # 1 Memorandum In Support of Motion # 2 Declaration of Mary A Wilkowski # 3 Exhibit 1# 4 Exhibit 2# 5 Certificate of Service)(eps ) (Entered: 01/24/2007)
16 NOTICE of Hearing on Motion 15 MOTION to Intervene : Motion Hearing set for 2/26/2007 at 10:00 AM before JUDGE LESLIE E KOBAYASHI. (wnn, ) (Entered: 01/25/2007)
17 EP: EarlySettlement Conference held on 2/1/2007. (Court Reporter In Chambers-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 02/01/2007)
18 STATEMENT of No Opposition re 15 MOTION to Intervene filed by Straub Hospital, Hawaii Pacific Health. (Wang, Sarah) (Entered: 02/02/2007)
19 NOTICE by U.S. Equal Employment Opportunity Commission Statement of No Opposition to Movant's Motion to Intervene. (Tungol, Wilfredo) (Entered: 02/07/2007)
20 EO: Court's Order. Motions terminated: 15 MOTION to Intervene filed by Doris Faletoi. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 02/21/2007)

4 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

03/20/2007 03/22/2007 03/22/2007 03/27/2007 04/02/2007
04/10/2007 04/10/2007
04/12/2007 04/18/2007 04/18/2007 04/23/2007
04/25/2007

21 Civil Rights Complaint of Plaintiff-Intervenor Doris Faletoi; Jury Trial Demanded, filed by Doris Faletoi.(eps ) (Entered: 03/21/2007)
22 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health [Re Defendants Straub Clinic & Hospital and Hawaii Pacific Health's Offer of Judgment to Plaintiff U.S. Equal Employment Opportunity Commission and Plaintiff-Intervenor Doris Faletoi] (Wang, Sarah) (Entered: 03/22/2007)
23 CERTIFICATE OF SERVICE by Doris Faletoi (gab, ) (Entered: 03/22/2007)
24 EO: Status Conference Re: Trial Date and Other Deadlines set for 4/2/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 03/27/2007)
25 EP: Status Conference Re: Trial Date and Deadlines held. Peter F. Laura and Derek W. Li participated by phone. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial set for 09:00 AM on 4/1/2008 before JUDGE ALAN C KAY. Final Pretrial Conference set for 2/19/2008 09:00 AM before JUDGE LESLIE E KOBAYASHI. Further Settlement Conference set for 8/23/2007 02:00 PM before JUDGE LESLIE E KOBAYASHI. Motions due by 10/31/2007. Discovery due by 2/1/2008. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 04/03/2007)
26 Rule 16 SCHEDULING ORDER:. Signed by Judge LESLIE E KOBAYASHI on 4/9/07. (eps ) (Entered: 04/10/2007)
COURT'S CERTIFICATE of Service - 26 Rule 16 Scheduling Order has been served by First Class Mail to the addresses of record on 4/10/07. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps ) (Entered: 04/10/2007)
27 Defendants Straub Clinic & Hospital and Hawaii Pacific Health's ANSWER to Intervenor Complaint Filed March 20, 2007 by Straub Hospital, Hawaii Pacific Health.(Wang, Sarah) (Entered: 04/12/2007)
28 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health Defendants' Responses and Objections to Plaintiff EEOC's Interrogatories to Defendant (Set One) Dated 3/2/07 (Wang, Sarah) (Entered: 04/18/2007)
29 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health Defendants' Responses and Objections to Plaintiff EEOC's Requests for Admission to Defendant (Set One) Dated 3/2/07 (Wang, Sarah) (Entered: 04/18/2007)
30 EO: re 26 Amended Scheduling Order. The Amended Rule 16 Scheduling Order issued on 4/10/2007 contained an inadvertent typographical error.Motions:5.All motions to join additional parties or to amend pleadings shall be filed by August 31, 2007. (That deadline should be N/A). (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 04/23/2007)
31 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (Re: Notice of Taking Deposition Upon Written Questions [Queen's Medical Center]

5 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

04/25/2007 05/03/2007 05/03/2007 05/15/2007 05/15/2007 05/15/2007 05/15/2007 05/15/2007
06/21/2007 06/21/2007 07/03/2007 07/03/2007

(Wang, Sarah) (Entered: 04/25/2007)
32 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (Re: Notice of Taking Deposition Upon Written Questions [Wackenhut Corporation]) (Wang, Sarah) (Entered: 04/25/2007)
33 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (re Responses and Objections to Plaintiff's First Request for Production, Inspection and Copying of Documents and Tangible Things Dated March 2, 2007) (Wang, Sarah) (Entered: 05/03/2007)
34 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (re: Amended Notice of Taking Deposition Upon Written Questions [Queen's Medical Center - Human Resources]) (Wang, Sarah) (Entered: 05/03/2007)
35 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health DEFENDANTS STRAUB CLINIC & HOSPITAL AND HAWAII PACIFIC HEALTH'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF EEOC (Ota, William) (Entered: 05/15/2007)
36 NOTICE of Appearance by William N. Ota on behalf of Straub Hospital, Hawaii Pacific Health on behalf of Straub Hospital, Hawaii Pacific Health. (Ota, William) (Entered: 05/15/2007)
37 CERTIFICATE OF SERVICE by Straub Hospital DEFENDANT STRAUB CLINIC & HOSPITAL'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO PLAINTIFF EEOC (Ota, William) (Entered: 05/15/2007)
38 CERTIFICATE OF SERVICE by Straub Hospital DEFENDANT STRAUB CLINIC & HOSPITAL'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO PLAINTIFF-INTERVENOR DORIS FALETOI (Ota, William) (Entered: 05/15/2007)
39 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health DEFENDANTS STRAUB CLINIC & HOSPITAL AND HAWAII PACIFIC HEALTH'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF-INTERVENOR DORIS FALETOI (Ota, William) (Entered: 05/15/2007)
40 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (Re: Defendants' First Request for Admissions to Plaintiff EEOC Dated June 21, 2007) (Wang, Sarah) (Entered: 06/21/2007)
41 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health (Re: Defendants' First Request for Admissions to Plaintiff-Intervenor Doris Faletoi Dated June 21, 2007) (Wang, Sarah) (Entered: 06/21/2007)
42 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health [Re Defendants' Second Offer of Judgment to Plaintiff and Plaintiff-Intervenor] (Wang, Sarah) (Entered: 07/03/2007)
43 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health [Re Second Amended Notice of Taking Deposition Upon Written Questions -Queen's Medical Center - Security Department] (Wang, Sarah) (Entered:

6 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

07/17/2007 07/17/2007 07/17/2007 07/31/2007 08/01/2007 08/23/2007 08/23/2007 08/24/2007
09/07/2007 09/14/2007 10/30/2007 10/30/2007

07/03/2007)
44 Return of Service on Subpoena -- bearing file stamp date of 6/15/2007; inadvertently not retained by the Clerk's Office; by messenger returned to the Clerk's Office for entry into the case file for docketing on 7/17/2007 (eps ) (Entered: 07/17/2007)
45 Return of Service on Subpoena -- bearing file stamp date of 6/15/2007; inadvertently not retained by the Clerk's Office; by messenger returned to the Clerk's Office for entry into the case file for docketing on 7/17/2007 (eps ) (Entered: 07/17/2007)
46 Return of Service on Subpoena -- bearing file stamp date of 6/15/2007; inadvertently not retained by the Clerk's Office; by messenger returned to the Clerk's Office for entry into the case file for docketing on 7/17/2007 (eps ) (Entered: 07/17/2007)
47 CERTIFICATE OF SERVICE by Doris Faletoi (eps ) (Entered: 07/31/2007)
48 CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission RE Response to Defendants' Request for Admissions (Tungol, Wilfredo) (Entered: 08/01/2007)
49 CERTIFICATE OF SERVICE by Straub Hospital, Hawaii Pacific Health [Re: Notice of Taking Deposition Upon Written Questions - Hawaii Medical Center-West - Human Resources] (Wang, Sarah) (Entered: 08/23/2007)
50 EP: Further Settlement Conference held on 8/23/2007. (Court Reporter In Chambers-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 08/24/2007)
51 EP: Settlement on the Record held on 8/24/2007. Parties agree to the basic terms to resolve action. Atty Mary A. Wilkowski notified.Trial date and all deadlines are Vacated. Further Settlement Conference set for 9/7/2007 at 11:00 AM before JUDGE LESLIE E KOBAYASHI. (Court Reporter FTR-Courtroom 5.) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 08/24/2007)
52 EO: Further Settlement Conference set for 9/7/2007 at 11:00 AM is continued to 9/14/2007 at 11:00 AM before JUDGE LESLIE E KOBAYASHI as a Status Conference; Further Settlement Conference. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 09/07/2007)
53 EP: Status Conference held on 9/14/2007. Further Settlement Conference held on 9/14/2007. (Court Reporter In Chambers-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 09/18/2007)
54 EO: Status Conference Re: Settlement set for 11/20/2007 at 09:15 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 10/30/2007)
COURT'S CERTIFICATE of Service - a copy of 54 Set Deadlines/Hearings has been served by First Class Mail to the addresses of record on 10/30/2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 10/30/2007. (wnn, ) (Entered: 10/30/2007)

7 of 9

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

11/20/2007 11/20/2007
11/20/2007 12/04/2007 12/04/2007 12/14/2007 01/29/2008 01/29/2008

55 EP: Status Conference Re: Settlement held on 11/20/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 11/20/2007)
56 EO: Status Conference held Re: Settlement.Final documents will be signed regarding Ms. Wilkowski's client by 11/29/2007 and regarding EEOC by 12/6/2007.If EEOC documents cannot be completed by 12/6/2007 then, a Status Conference shall be held 12/6/2007 at 10:15 AM before JUDGE LESLIE E KOBAYASHI. Dismissal documents to be filed by 12/20/2007. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 11/20/2007)
COURT'S CERTIFICATE of Service - a copy of 56 Set Deadlines/Hearings, has been served by First Class Mail to the addresses of record on 11/20/2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 11/20/2007. (wnn, ) (Entered: 11/20/2007)
57 EO: Further Status Conference Re: Settlement set for 12/6/2007 at 10:15 AM before JUDGE LESLIE E. KOBAYASHI is Vacated. Consent Decree to be submitted to JUDGE ALAN C. KAY for his consideration by 12/10/2007. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 12/04/2007)
COURT'S CERTIFICATE of Service - a copy of 57 Terminate Deadlines and Hearings has been served by First Class Mail to the addresses of record on 12/4/2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 12/4/2007. (wnn, ) (Entered: 12/04/2007)
58 CONSENT DECREE. Signed by Judge JUDGE ALAN C KAY on 12/14/07. (Attachments: # (1 )Exhibit A - Notice to all Employers - signed by Judge Alan C. Kay on 12/14/07, # 2 Exhibit B)(ecs, ) (Entered: 12/17/2007)
59 JUDGMENT : the case is closed pursuant to the Consent Decree filed on December 14, 2007. The Court retains jurisdiction of this action for a period of two years and three months pursuant to the Consent Decree. (eps ) (Entered: 01/29/2008)
COURT'S CERTIFICATE of Service - 59 Judgment has been served by First Class Mail to counsel for Intervenor at the address of record on 1/29/08. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps ) (Entered: 01/29/2008)

8 of 9

PACER Service Center

Transaction Receipt

PACER Login:
Description:

03/17/2008 10:29:46

wu0079

Client Code:

eeoc

Docket Report

Search Criteria:

1:06-cv-00530-ACK-LEK

3/17/2008 3:30 PM

CM/ECF-DC V3.1.2 (12/07) **LIVE**

Billable Pages:

5

https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?107725687549686-L_19...

Cost:

0.40

9 of 9

3/17/2008 3:30 PM