1 MARY JO O’NEILL # 005294
C. EMANUEL SMITH
2 KATHERINE J. KRUSE # 019127
EQUAL EMPLOYMENT OPPORTUN/TY
3 COMM/SSION
Phoenix District Office
4 3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012
5 Telephone: (602) 640-5029
6 Attorneys for Plaintiff

7

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10 Equal Employment Opportunity
11 Commission,

12

Plaintiff,

13

VS.

14

JPI Partners, L.L.C., a foreign corporation, and JPI Arizona Apartment

15

Manage.ment L.L.C, a Delaware corporation,

16

Defendants.

COMPLAINT AND JURY TRIAL DEMAND

17

18

NATURE OF THE ACTION

19

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and

20 Title ! of the Civil Rights Act of 1991, against the Defendants, JPI Partners, L.L.C., and JPI
Arizona Apartment Management, L.L.C., to correct unlawful employment practices on the 21
basis of sex, and to provide appropriate relief to Tracy Valenzuela, who was adversely 22
affected by such practices. The Equal Employment Opportunity Commission, ("EEOC" or 23
"Commission"), alleges that Defendants disciplined Ms. Valenzuela and then discharged her 24
because she was pregnant. 25
JURISDICTION AND VENUE

26

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

27 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(0(1) and

28

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

2 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

3

2. The employment practices alleged to be unlawful were committed within the

4 jurisdiction of the United States District Court for the District of Arizona.

5

PARTIES

6

3. Plaintiff, the EEOC, is an agency of the United States of America charged with

7 the administration, interpretation, and enforcement of Title VII, and is expressly authorized

8 to bring this action by Section 706(t)(I) of Title VII, 42 U.S.C. § 2000e-5(1)(1).

9

4. At all relevant times, Defendants have continuously been doing business in the

State of Arizona and have continuously had at least fifteen employees. 10

5. At all relevant times, Defendants have continuously been employers engaged 11

in an industry affecting commerce under Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. 12
§§ 2000e(b), (g) and (h). 13
STATEMENT OF CLAIMS

14 6. More than thirty days prior to the institution of this lawsuit, Tracy Valenzuela

15 filed a charge with the Commission alleging violations of Title VII by the Defendant. All

16 conditions precedent to the institution of this lawsuit have been fulfilled.

17

7. Since at least May, 2000, Defendant has engaged in unlawful employment

18 practices in Phoenix, Arizona, in violation of Section 703(a) of Title VII, 42 U.S.C. §

19 2000e-2(a), by discriminating against Tracy Valenzuela on the basis of her sex, female,

20 through conduct including:

21

(a) disciplining Ms. Valenzuela shortly after she informed her manager she was

22 pregnant, even though it had not expressed any concerns to her about her performance prior

23 to that dine;

24

(b) terminating Ms. Valenzuela because of her pregnancy shortly thereafter.

25

8. The effect of the practices complained of in paragraph 7 above has been to

26 deprive Tracy Valenzuela of equal employment opportunities and otherwise adversely affect

27 her status as an employee because of her sex.

28

2

1

The unlawful employment practices complained of in paragraph 7 above were

2 intentional.

3

10. The unlawful employment practices complained of in paragraph 7 above were

4 done with malice or with reckless indifference to the federally protected rights of Tracy

5 Valenzuela.

6

PRAYER FOR RELIEF

7

Wherefore, the Commission respectfully requests that this Court:

8

A. Grant a permanent injunction enjoining the Defendants, their officers,

9 successors, assigns, and all persons in active concert or participation with them, from
engaging in any employment practice which discriminates on the basis of sex. 10
B. Order the Defendants to institute and carry out policies, practices, and 11
programs which provide equal employment opportunities for female applicants and 12
employees, and which eradicate the effects of their past unlawful employment practices. 13
C. Order the Defendants to make whole Tracy Valenzuela by providing 14
appropriate back pay with prejudgment interest in amounts to be determined at trial, and 15
other affirmative relief necessary to eradicate the effects of its unlawful employment
16 practices, including but not limited to rightful place reinstatement or front pay.

17

D. Order the Defendants to make whole Tracy Valenzuela by providing

18 compensation for past and future pecuniary losses resulting from the unlawful employment

19 practices described in paragraph 7 above, including but not limited to costs incurred for

20 obtaining subsequent employment, in amounts to be determined at trial.

21

E. Order the Defendants to make whole Tracy Valenzuela, by providing

22 compensation for past and future nonpecuniary losses resulting from the unlawful

23 employment practices described in paragraph 7 above, including but not limited to, pain and

24 suffering, mental anguish, humiliation, embarrassment, emotional distress, anxiety,

25 inconvenience, and loss of enjoyment of life, in amounts to be determined at trial.

26

F. Order the Defendants to pay Tracy Valenzuela punitive damages for its

27 malicious conduct or reckless indifference described and referenced in paragraph 7 above, 28 in amounts to be determined at trial.

3

1

Grant such further relief as the Court deems necessary and proper in the public

2 interest.

3

H. Award the Commission its costs in this action.

4

JURY TRIAL DEMAND

5

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

6

RESPECTFULLY SUBMITTED this 31st day of December, 2002.

7

8

GWENDOLYN YOUNG REAMS Associate General Counsel

9

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

10

1801 L Street, N.W.

Washington, D.C. 20507

11

12

13

~~L~Y ’NIEILL

Regional A"ttomey

14

15

16

Supervisory Trial Attorney

17

18

19

KATHERINE J. K_RUSE Trial Attorney

20

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

21

Phoenix District Office

3300 North Central Ave., Suite 690

22

Phoenix, Arizona 85012-2504

(602) 640-5029 23

Attorneys for Plaintiff

24

25

26

27

28

4

 
 1 William D. Holm, Bar #007412 JONES, SKELTON & HOCHULI, P.L.C.
2 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012
3 (602) 263-1700

4 Attorneys for Intervenor

5

UNITED STATES DISTRICT COURT

6

DISTRICT OF ARIZONA

7

Equal Employment Opportunity

8 Commission,

NO. CIV-02-2643-PHX-FJM

9
10
11
12
z’r
13
14
15

Plaintiff, INTERVENOR’S COMPLAINT
JPI Partners, L.L.C., a foreign, corporation, (Jury Trial Demanded) and JPI Arizona ApartmentManagement L.L.C., a Delaware corporation,
Defendants,
Tracy Williams Valenzuela,
Intervenor.

16

NATURE OF THE ACTION

17

This is an action under Title VII of the Civil Rights Act of 1964, as

18

amended, and Title I of the Civil Rights Act of 1991, against the Defendants, JPI

19

Partners, L.L.C., and JPI Arizona Apartment Management, L.L.C. (collectively

20

"Defendants"), to correct unlawful employment practices on the basis of sex, and to

21

provide relief to Tracey Valenzuela, who was adversely affected by such practices. Ms.

22

Valenzuela alleges that Defendants disciplined her and then discharged her because she

23

was pregnant.

24

JURISDICTION AND VENUE

25

1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§

26

451, 1331, 1337, 1343, and 1345. This action is authorized pursuant to Section

1 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

2 §2000e, et seq. ("Title VII").

3

2.

The employment practices alleged to be unlawful were

4 committed within the jurisdiction of the United States District Court for the District of

5 Arizona.

6

PARTIES

7

3.

Plaintiff, the Equal Employment Opportunity Commission

8 ("EEOC"), is the agency of the United States of America charged with the

9 administration, interpretation, and enforcement of Title VII and is expressly authorized

10 to bring this action by Section 706(0(1) of Title VII, 42 U.S.C. §2000e-5(f)(1).

11

4.

At all relevant times to this action, Defendants have

12 continuously conducted business in the StateofArizona and have continuously had at

13 least fifteen employees.

14

5.

At all relevant times, Defendants have continuously been an

15 employer engaged in an industry affecting commerce with the meaning of Section

16 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).

17

6. . Intervenor Tracey Valenzuela is married and a resident of

18 Maricopa County, State of Arizrna.

19

7.

Ms. Valenzuela is authorized to intervene in this action

20 pursuant to 42 U.S.C. §2000e-5(f)(I) and because she has a direct interest in the subject

21 matter of the action she is entitled to intervene to fully protect her rights.

22

STATEMENT OF CLAIMS

23

8.

More than thirty days prior to the institution of this action, Ms.

24 Valenzuela filed a Charge of Discrimination with the EEOC alleging violations of Title

25

26

1 VII by Defendants. All conditions precedent to the institution of this action have been

2 fulfilled.

3

9.

Since at least May 2000, Defendants engaged in unlawful

4 employment practices in Phoenix, Arizona, in violation of Section 703(a) of Title VII,

5 42 U.S.C. §2000e-2(a), by discriminating against Ms. Valenzuela on the basis of her

6 sex, female, through conduct including:

7

(a)

disciplining Ms. Valenzuela shortly after she informed her

8 manager she was pregnant, even though it had no expressed any concerns to her about

9 her performance prior to that time; and

10

(b)

terminating Ms. Valenzuela because of her pregnancy shortly

11 thereafter.

12

10.

The effect of these unlawful employment practices complained

13 of has been to deprive Ms. Valenzuela of equal employment opportunities and

14 otherwise adversely affect her status as an employer because of her sex.

15

11.

The unlawful employment practices complained of were

16 intentional.

17

12.

The unlawful employment practices complained of were done

18 with malice or with reckless indifference to the federally protected rights of Ms.

19 Valenzuela.

20

PRAYER FOR RELIEF

21

WHEREFORE, the Intervenor, Tracey Valenzuela, respectfully requests

22 that this Court:

23

A.

Grant a permanent injunction enjoining Defendants, their

24 officers, successors, assigns and all persons in active concert or participation with them,

25 from engaging in any employment practice that discriminates on the basis of sex.

26 3

1

B.

Order Defendants to institute and carry out policies, practices,

2 and programs, which provide equal employment opportunities for pregnant women, and 3 which eradicate the effects of its past and present unlawful employment practices.

4

C.

Order Defendants to make whole Ms. Valenzuela byproviding

5 appropriate back pay with prejudgment interests in amounts to be determined at trial,

6 and other affirmative relief necessary to eradicate the effects of their unlawful

7 employment practices, including but not limited to rightful place reinstatement or front

8 pay. 9

D.

Order Defendants to make whole Ms. Valenzuela byproviding

10 compensation for past and future pecuniary losses resulting from their unlawful

11 employment practices, including but not limited to costs incurred for obtaining

12 subsequent employment, in amounts to be determined at trial.

13

E.

Order Defendants to make whole Ms. Vatenzuela, byproviding

14 compensation for past and future nonpecuniary losses resulting from their unlawful

15 employment practices, including but not limited to costs incurred for obtaining

subsequent employment, in amounts to be determined at trial.

17

F.

Order Defendants to pay Ms. Valenzuela punitive damages for

18 their malicious and/or reckless conduct, in amounts to be determined at trial.

19

G.

Grant Ms. Valenzuela such further relief as the Court deems

20 necessary and proper.

21

H.

Award Ms. Valenzuela her attorney’s fees and costs in this

22 action.

23

24

25

26

1

JURY TRIAL DEMAND

2

Ms. Valenzuela requests a jury trial on all questions of fact raised by her

3 Complaint.

4

RESPECTFULLY SUBMITTED this ..~_~"~-day of January 2003.

5

JONES, SKELTON & HOCHULI, P.L.C.

6

7

2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Intervenor

16

17

18

19

2O

21

22

23

24

25

26

~32~96_1

5

 
 E.E.O.C. v. JPI Partners, L.L.C., Not Reported in F.Supp.2d (2005)
2005 WL 2276726 Only the Westlaw citation is currently available.
United States District Court, D. Arizona.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and
Tracy VALENZUELA, Plaintiff–Intervenor, v.
JPI PARTNERS, L.L.C., et al., Defendants. Tracy Williams VALENZUELA and Joseph Valenzuela, et ux., Plaintiffs,
v. JPI PARTNERS, L.L.C., et al., Defendants.
No. CIV 02–2643PHXDGC, CIV 03–0064PHXDGC. | Jan. 11, 2005.
Attorneys and Law Firms
Frank Schubert, CFO and Executive Vice President, JPI, LLC., J. Mark Ogden, Peter Prynkiewicz, Littler Mendelson, P.C., Phoenix, AZ, for Defendant JPI.
Mary Jo O’Neill, Regional Attorney, C. Emanuel Smith, Supervisory Trial Attorney, Katherine Kruse, Trial Attorney, Equal Employment Opportunity Commission, Phoenix, Arizona, for Plaintiff.
William D. Holm, Shaye D. Mann, Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for Plaintiff Intervenor.
Opinion
CONSENT DECREE
CAMPBELL, J.
*1 The United States Equal Employment Opportunity Commission (“EEOC” or “Commission”) filed this action against the Defendants, JPI Partners, L.L.C., and JPI Arizona Apartment Management, L.L.C. (collectively “JPI”) to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s Complaint alleges that JPI discriminated against Tracy Valenzuela because of her sex when it disciplined Ms. Valenzuela and then discharged her because she was pregnant. JPI denies these allegations. After the Commission filed its Complaint, Ms. Valenzuela obtained leave to file a Complaint in Intervention. In addition, a separate Complaint filed by Tracy Valenzuela and her husband Joseph Valenzuela, CIV 03–0064, was consolidated with the Commission’s action.
As a result of settlement negotiations, the Commission, Tracy Valenzuela, and JPI agree that this action should be finally resolved by entry of this Consent Decree. The Commission, Tracy Valenzuela, and JPI entered into this Consent Decree as a way of resolving all outstanding differences that may have existed in this case. This Consent Decree fully and finally resolves any and all claims arising out of the Complaint filed by the Commission, the Complaint in Intervention filed by Tracy Valenzuela, and the consolidated Complaint filed by Tracy and Joseph Valenzuela. The parties waive the Entry of Findings of Fact and Conclusions of Law.
It is ORDERED, ADJUDGED, AND DECREED:
1. The Court has jurisdiction over the subject matter of this action and of the parties hereto.
2. This Consent Decree resolves all claims asserted by the Commission on behalf of Tracy Valenzuela against JPI in this lawsuit, including without limitation back pay, compensatory and punitive damages, injunctive relief, costs, and attorneys fees. It also resolves all claims asserted by both Tracy Valenzuela in her Complaint in Intervention, and by
1

E.E.O.C. v. JPI Partners, L.L.C., Not Reported in F.Supp.2d (2005)
Tracy and Joseph Valenzuela in the consolidated Complaint. 3. The rights of the parties are adequately protected by this Decree. 4. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests of the Commission, Tracy Valenzuela, JPI, and the public. 5. This Decree, and any provision herein regarding JPI, applies to JPI and to its officers, agents, employees, successors, and assigns, acting within the scope of their employment.
INJUNCTIVE RELIEF
6. JPI will not, for the duration of this Decree, discriminate against an applicant or employee based on sex, and will not discipline or terminate an employee due to her pregnancy. JPI agrees to conduct all employment practices in a non-discriminatory manner.
7. JPI will not, for the duration of this Decree, retaliate against any employee because he or she (i) opposed discriminatory practices made unlawful by Title VII, (ii) filed a charge of discrimination, or is assisting or participating in the filing of a charge or (iii) testified, assisted, or participated in an investigation, proceeding, or hearing brought under Title VII. *2 8. For the duration of this Decree, in all matters arising from or relating to employment, JPI shall preserve all personnel records relevant to the determination of whether employment practices in violation of Title VII have been or are being committed. JPI shall preserve these records for one year from the date of the making of the record or of the personnel action documented in the record, whichever occurs later. 9. If a charge of discrimination is filed against JPI with the EEOC or a state fair employment practices agency, JPI shall preserve all relevant personnel records until final disposition of the charge.
MONETARY RELIEF
10. JPI, or its agent, shall pay the amount of $135,000 to Tracy Valenzuela’s legal counsel. JPI, or its agent, shall make no deductions from this amount and shall provide a United States Internal Revenue Form 1099 on or before January 31, 2005, for this payment. JPI, or its agent, shall pay the settlement amount to Ms. Valenzuela’s attorneys by check, cashier’s check, or money order no later than fourteen (14) days from entry of this Consent Decree. JPI also shall mail copies of the check to:
Mary Jo O’Neill
Regional Attorney
Equal Employment Opportunity Commission
Phoenix District Office
3300 North Central Ave., Suite 690
2

E.E.O.C. v. JPI Partners, L.L.C., Not Reported in F.Supp.2d (2005)
Phoenix, AZ 85012
11. JPI shall not condition the receipt of this individual relief on Ms. Valenzuela’s agreement to waive her statutory right to file a charge with any federal or state anti-discrimination agency.
CORRECTIVE POLICIES AND PRACTICES
12. JPI will post, for the duration of this Decree, in a prominent place frequented by its employees at its facilities in Arizona, including its multi-family housing communities, the notice attached as Exhibit A in the same type, style, and size as Exhibit A.
13. Within thirty (30) days of the entry of this Decree, JPI will review, and revise its written policies concerning sex discrimination and retaliation to conform with the law and submit the policy for review to the Regional Attorney of the Phoenix District Office of the EEOC, at the address set forth above. Within thirty (30) days of receipt of comments by the EEOC on the revised policy, JPI shall make all reasonable changes proposed to conform with the law. Within sixty (60) days of receipt of the EEOC’s comments, JPI shall disseminate the final revised policy. This written policy must include at a minimum: a. A strong and clear commitment to a workplace free of gender discrimination; b. A clear and strong encouragement of persons who believe they have been discriminated against to come forward; c. A description of the consequences, up to and including termination, that will be imposed upon violators of the policy; d. A promise of maximum feasible confidentiality for persons who believe that they have been discriminated against in violation of the policy; e. An assurance of non-retaliation for persons who believe they have been discriminated against and for witnesses; *3 f. An explanation that gender discrimination by all persons, including management officials, supervisors, and third party contractors, is prohibited and will not be tolerated;
TRAINING
14. Within three (3) months of the entry of this Decree, and on an annual basis for the duration of the Decree, JPI shall provide training on Title VII for all employees, managerial and non-managerial, located at each Arizona property, and their next two levels of supervisors within the region. Each annual training shall take place between 10 and 14 months after the completion of the prior year’s training.
15. The annual training required by this Consent Decree shall be two hours in length, plus additional time for questions and answers. JPI agrees to include the following topics in the training sessions: a. An overview of Title VII generally and of JPI’s obligations under Title VII with respect to both sex discrimination generally, and pregnancy; b. An overview of JPI’s obligations under Title VII with respect to retaliation; c. JPI’s policies and procedures regarding sex discrimination including pregnancy, and retaliation.
3

E.E.O.C. v. JPI Partners, L.L.C., Not Reported in F.Supp.2d (2005)
16. JPI shall provide a trainer(s) who is knowledgeable about all of the subjects of the training, to conduct the training. JPI shall submit the names(s), address(es), telephone number(s), and resume(s) of the trainer(s), together with training dates and a copy of the training materials, to the Regional Attorney of the EEOC’s Phoenix District Office at the address above, within sixty (60) days of the entry of this Consent Decree. JPI may provide the trainer from its Human Resources Department. Proposed training materials will be subject to EEOC review. The training shall include some interactive component.
17. In order to give all specified employees the opportunity to take the training, each annual training may be held on multiple dates. All personnel who attend the training shall sign an attendance roster. The registry of attendance shall be retained by JPI for the duration of this Consent Decree.
18. JPI shall invite a Commission representative to attend all of the training sessions by providing thirty (30) days written notice to the EEOC Regional Attorney, Phoenix District Office, at the address above, of the location, date, and time of the training. The Commission’s representative(s) may attemd in the training.
REFERENCES
19. In response to all future employment inquiries regarding Tracy Valenzuela, JPI will provide a neutral written reference, consistent with those provided for all former employees, which states the dates of employment and title upon separation.
RECORD KEEPING AND REPORTING
20. JPI shall maintain all records concerning its implementation of this Decree for the entire term of the Decree. JPI also shall maintain, in a manner consistent with this Decree and EEOC regulations, and keep available for inspection and copying by the EEOC, all records relating to the involuntary termination of any employee terminated either while pregnant or within one year of returning to work following a leave due to pregnancy.
*4 21. JPI shall report to the Commission in writing, within six months from the entry of this Consent Decree and annually thereafter, regarding its compliance with the specific terms of the Decree, by sending the report to the Regional Attorney of the EEOC’s Phoenix District office at the address above.
22. JPI shall bear its own costs in conjunction with the maintenance of records and preparation of reports required by this Consent Decree.
PROCEDURES AND REMEDIES FOR NON–COMPLIANCE
23. This Court shall retain jurisdiction over this action for the duration of this Decree, during which the Commission may petition the Court for compliance with the Decree.
24. In the event that the Commission believes that JPI has failed to comply with any provision(s) of this Consent Decree, it shall:
a. Notify JPI in writing of the non-compliance by fax and by overnight mail to the counsel and the corporate officer who sign this Decree on JPI’s behalf, or to his or her successor, and
b. Afford JPI twenty (20) days after service of the notice to remedy the non-compliance.
25. If JPI has not remedied the alleged non-compliance in twenty (20) days after service of notice, the EEOC may petition this Court to enforce the terms of the Decree at any time during its duration.
4

E.E.O.C. v. JPI Partners, L.L.C., Not Reported in F.Supp.2d (2005) 26. In the event the Court finds that JPI has violated this Decree, as evidenced by a final judgment against JPI, the Court may order reasonable relief to remedy the non-compliance, including attorneys’ fees, daily fines, appropriate injunctive relief, and extension of this Consent Decree for such period as may be necessary to remedy its non-compliance. FORCE AND EFFECT
27. The parties agree to the entry of this Decree subject to final approval by the Court. 28. If any provision(s) of this Consent Decree are found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions shall remain in full force and effect. 29. This Court shall retain jurisdiction of this action for a period of two (2) years after entry of the Consent Decree. Absent further extension by the Court, the Decree shall expire at the end of two (2) years without further action by the parties.
DATED this 10th day of January, 2005.
5

 
 Case: 2:02-cv-2643 As of: 11/25/2018 05:25 PM MST 1 of 9
LEAD,STD,TERMED
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:02−cv−02643−DGC

EEOC v. JPI Partners LLC, et al Assigned to: Judge David G Campbell Demand: $0 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 12/31/2002 Date Terminated: 01/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012−1848 602−640−5033 Fax: 602−640−5009 Email: emanuel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine J Kruse EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012−1848 602−640−5029 Fax: 602−640−5009 Email: katherine.kruse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Joleen O'Neill Equal Employment Opportunity Commission − Phoenix, AZ 3300 N Central Ave., Ste. 690 Phoenix, AZ 85012−1848 602−640−5044 Fax: 602−640−5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
JPI Partners LLC a foreign corporation

represented by Mark Ogden Littler Mendelson PC − Phoenix, AZ 2425 E Camelback Rd., Ste. 900 Phoenix, AZ 85016−2907 602−474−3601 Fax: 602−957−1801 Email: mogden@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Christopher Prynkiewicz Littler Mendelson PC − Phoenix, AZ 2425 E Camelback Rd., Ste. 900 Phoenix, AZ 85016−2907

Case: 2:02-cv-2643 As of: 11/25/2018 05:25 PM MST 2 of 9

602−474−3600 Fax: 602−957−1801 Email: pprynkiewicz@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
JPI Arizona Apartment Management LLC a Delaware corporation

represented by Mark Ogden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Christopher Prynkiewicz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Tracy Williams Valenzuela

represented by William D Holm Jones Skelton & Hochuli PLC 40 N Central Ave., Ste. 2700 Phoenix, AZ 85004 602−263−1700 Fax: 602−200−7804 Email: wholm@jshfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/31/2002 01/13/2003
01/13/2003
01/29/2003 02/03/2003 02/10/2003
02/27/2003 03/03/2003 03/20/2003
03/21/2003 03/24/2003

# Docket Text
1 COMPLAINT FILED (ESH) (Entered: 01/02/2003)
2 RETURN OF SERVICE EXECUTED summons/complaint upon dft JPI AZ Apartment Mgt by service upon Corporation Service Company in Phoenix, AZ on 1/13/03 (LAD) (Entered: 01/15/2003)
3 RETURN OF SERVICE EXECUTED summons/complaint upon dft JPI Partners LLC by service upon Corporation Service Company in Phoenix, AZ on 1/13/03 (LAD) (Entered: 01/15/2003)
4 MOTION to intervene as a pla by Tracy Williams Valenzuela [4−1] (SIGNED proposed intervenor complaint attached) (LAD) (Entered: 01/31/2003)
5 ANSWER to complaint [1−1] by dft JPI Partners LLC, dft JPI AZ Apartment Mgt (LAD) (Entered: 02/03/2003)
6 JOINDER by pla EEOC to motion to intervene as a pla by Tracy Williams Valenzuela [4−1] (SIGNED proposed intervenor complaint attached) [4−1] (LAD) (Entered: 02/11/2003)
7 ORDER by Judge Frederick J. Martone scheduling conf set for 3:00 5/23/03 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/27/2003)
8 MOTION to strike 7th and 8th defenses set forth in dfts' answer by pla EEOC [8−1] (LAD) (Entered: 03/06/2003)
9 STIPULATION to extend time to respond to motion to strike 7th and 8th defenses set forth in dfts' answer by pla EEOC [8−1] (to and including 3/25/03) by pla, dfts (no proposed document) (LAD) (Entered: 03/24/2003)
11 RESPONSE by dfts to motion to strike 7th and 8th defenses set forth in dfts' answer by pla EEOC [8−1] (LAD) (Entered: 03/25/2003)
10 ORDER by Judge Frederick J. Martone granting stipulation to extend time to respond to motion to strike 7th and 8th defenses set forth in dfts' answer by pla EEOC [8−1] (to

Case: 2:02-cv-2643 As of: 11/25/2018 05:25 PM MST 3 of 9

03/31/2003 04/18/2003 04/29/2003 05/01/2003 05/01/2003 05/08/2003 05/12/2003 05/12/2003 05/20/2003
05/20/2003 05/23/2003
05/29/2003 05/30/2003
06/05/2003 06/09/2003
06/19/2003 09/03/2003

and including 3/25/03) by pla, dfts (no proposed document) (cc: all counsel) (Chambers to fax copies due to fax noticing not working at this time and short deadline − received in Docketing 3/24/03) (LAD) (ADI−ICMS, ). (Entered: 03/24/2003)
12 REPLY by pla to response to motion to strike 7th and 8th defenses set forth in dfts' answer by pla EEOC [8−1] (SAT) (Entered: 04/02/2003)
13 ORDER by Judge Frederick J. Martone granting motion to intervene as a pla by Tracy Williams Valenzuela [4−1] (SIGNED proposed intervenor complaint attached) (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 04/18/2003)
14 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft JPI Partners LLC, dft JPI AZ Apartment Mgt (LAD) (Entered: 05/02/2003)
15 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor Tracy Williams Valenzuela (LAD) (Entered: 05/05/2003)
16 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 05/05/2003)
17 NOTICE of service of discovery by pla. (DMT) (Entered: 05/09/2003)
18 STIPULATION for extension of time to 5/23/03 to respond to dfts first set of interrogatories and first request for production of documents to extend time by pla, dfts, intervenor (CMM) (Entered: 05/15/2003)
19 PROPOSED CASE MGT PLAN by pla, intervenor and dfts (CMM) (Entered: 05/15/2003)
20 ORDER by Judge Frederick J. Martone granting the request/stipulation to extend [18−1], to 5/23/03, the deadline for Plaintiff and Plaintiff Intervenor to respond to Defendants' First Set of Interrogatories and First Request for Production of Documents (cc: all counsel) (SAT) (ADI−ICMS, ). (Entered: 05/20/2003)
21 ORDER by Judge Frederick J. Martone granting Plaintiff's Motion to Strike Seventh and Eighth Defenses Set Forth in Defendants' Answer [8−1] (cc: all counsel) (SAT) (ADI−ICMS, ). (Entered: 05/20/2003)
22 MINUTE ENTRY before Judge Frederick J. Martone. Crt Rptr: Linda Schroeder−Willis. Appearances: Katherine Kruse for plaintiff; William Holm for plaintiff intervenor; John Ogden for defendants. Scheduling conference is held; the court enters the following deadlines: discovery ddl set for 12/19/03; dispositive motions due 1/30/04; PTO ddl set for 4/23/04; final pretrial conference set for 3:00 pm on 4/30/04; jury trial set for 9:30 am on 5/11/04 (3 days). [cc: FJM] [22−2] (KCB) (Entered: 05/28/2003)
23 NOTICE of service of discovery by pla EEOC (LAD) (Entered: 05/30/2003)
24 SCHEDULING ORDER by Judge Frederick J. Martone ; discovery due 12/19/03 ; dispositive motions due 1/30/04 ; pretrial order due 4/23/04 ; Pretrial conference set for 3:00 4/30/04 ; jury trial set for 9:30 5/11/04 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 05/30/2003)
25 STIPULATION to extend time for dfts' response to pla's discovery requests (to 6/19/03) by pla EEOC, dft JPI Partners LLC, dft JPI AZ Apartment Mgt (no proposed documents) (LAD) (Entered: 06/06/2003)
26 ORDER by Judge Frederick J. Martone granting stipulation to extend time for dfts' response to pla's discovery requests (to 6/19/03) by pla EEOC, dft JPI Partners LLC, dft JPI AZ Apartment Mgt to and including 6/19/03 (cc: all counsel) (CMM) (ADI−ICMS, ). (Entered: 06/09/2003)
27 NOTICE of service of discovery by dft JPI Partners LLC, dft JPI AZ Apartment Mgt (LAD) (Entered: 06/20/2003)
28 The Court has ORDERED that effective September 15, 2003, the above captioned matter is reassigned to Judge David G. Campbell for all further proceedings. Any hearing, conference, or trial scheduled to be held between 9/15/03 and 9/30/03 is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that

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09/05/2003 09/05/2003 09/05/2003 09/05/2003 09/09/2003 09/18/2003 09/18/2003 09/19/2003 09/19/2003 09/19/2003 09/22/2003
09/24/2003 10/02/2003 10/02/2003 10/09/2003 10/10/2003
10/14/2003
10/14/2003 10/14/2003

counsel review and comply with the attached Instruction from Judge David G. Campbell. All further pleadings and papers filed in this action on or after 9/15/03 should bear the complete case number and judges initials, as shown above. (cc: all counsel/DGC/ FJM) [28−1] (MAP) (ADI−ICMS, ). (Entered: 09/03/2003)
29 NOTICE by pla EEOC OF TAKING DEPO OF Joe McFadin on the following date(s): 9/23/03 at 9:30 am (LAD) (Entered: 09/09/2003)
30 NOTICE by pla EEOC OF TAKING DEPO OF Carol Peddy on the following date(s): 9/24/03 at 9:30 am (LAD) (Entered: 09/09/2003)
31 NOTICE by pla EEOC OF TAKING DEPO OF Lyn Kruger on the following date(s): 9/25/03 at 9:30 am (LAD) (Entered: 09/09/2003)
32 NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 09/09/2003)
33 NOTICE of service of discovery by pla EEOC (LAD) (Entered: 09/10/2003)
34 NOTICE by pla EEOC OF TAKING DEPO OF Heather Rainey on the following date(s): 9/24/03 at 2:30 pm (LAD) (Entered: 09/22/2003)
35 NOTICE by pla EEOC OF TAKING DEPO OF Collette Strange on the following date(s): 9/25/03 at 3 pm (LAD) (Entered: 09/22/2003)
36 SEPTEMBER 2003 STATUS REPORT by pla, dfts, intervenor (LAD) (Entered: 09/22/2003)
37 INTERVENOR'S COMPLAINT: by intervenor Tracy Williams Valenzuela (LAD) (Entered: 09/22/2003)
37 DEMAND for jury trial by intervenor Tracy Williams Valenzuela (LAD) (Entered: 09/22/2003)
38 ORDER by Judge David G. Campbell Case consolidated 2:02−cv−2643 with member cases 2:03−cv−64 (with notice) ; FURTHER ORDERED that the parties shall, by 9/26/03, file with the Court a joint case management report addressing whether the consolidation of these cases will require an adjustment in the litigation schedule presently existing for CIV 02−2643.... (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 09/22/2003)
39 NOTICE of compliance of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC in 2:02−cv−02643 (LAD) (Entered: 09/25/2003)
40 JOINT CASE MGT PLAN/REPORT: joint pretrial order ddl 6/18/04; discovery cutoff 2/13/04; dispositive motions filing ddl 3/26/04 (LAD) (Entered: 10/03/2003)
41 STIPULATION to extend time for dfts' response to pla's discovery requests (to 10/20/03) by pla in 2:02−cv−02643, dfts in 2:02−cv−02643 (LAD) (Entered: 10/03/2003)
42 NOTICE of service of discovery by pla EEOC in 2:02−cv−02643. (LAD) (Entered: 10/10/2003)
43 ORDER by Judge David G. Campbell granting stipulation to extend time for dfts' response to pla's discovery requests (to 10/20/03) by pla in 2:02−cv−02643, dfts in 2:02−cv−02643 in 2:02−cv−02643 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 10/10/2003)
44 SCHEDULING ORDER by Judge David G. Campbell ; discovery due 2/13/04 in 2:02−cv−02643, in 2:03−cv−00064 ; dispositive motions due 3/26/04 in 2:02−cv−02643, in 2:03−cv−00064 (cc: all counsel) re: order (scheduling) [0−1] (LAD) (ADI−ICMS, ). (Entered: 10/14/2003)
45 ANSWER to intervenor's complaint [37−1] by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (LAD) (Entered: 10/15/2003)
46 NOTICE by pla EEOC in 2:02−cv−02643 OF TAKING VIDEO DEPO OF Mary Wessler on the following date(s): 11/12/03 at 9 am (LAD) (Entered: 10/16/2003)

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10/14/2003 10/20/2003 10/24/2003 11/03/2003 11/07/2003 01/22/2004 01/26/2004 02/03/2004
02/09/2004
02/12/2004 02/13/2004
02/23/2004 02/25/2004
03/12/2004 03/12/2004 03/12/2004 03/18/2004

47 NOTICE by pla EEOC in 2:02−cv−02643 OF TAKING VIDEO DEPO OF Tim McEntee on the following date(s): 11/13/03 at 9 am (LAD) (Entered: 10/16/2003)
48 NOTICE of service of discovery by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643. (LAD) (Entered: 10/21/2003)
49 NOTICE by dfts in 2:02−cv−02643 OF TAKING DEPO OF Tracy Valenzuela on the following date(s): 12/9/03 at 9:30 am (LAD) (Entered: 10/29/2003)
50 NOTICE by pla EEOC in 2:02−cv−02643 OF TAKING VIDEO DEPO OF Jack Dent on the following date(s): 11/21/03 at 9 am (LAD) (Entered: 11/04/2003)
51 NOTICE of Service of discovery by dft JPI Partners LLC, dft JPI AZ Apartment Mgt (SAT) (Entered: 11/10/2003)
52 NOTICE of compliance of 4th supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC in 2:02−cv−02643 (LAD) (Entered: 01/26/2004)
53 NOTICE of service of discovery by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643. (LAD) (Entered: 01/27/2004)
54 STIPULATION for extension of discovery deadline to complete the deposition of Mary Wessler by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 02/09/2004)
55 ORDER by Judge David G. Campbell granting stipulation for extension of discovery deadline to complete the deposition of Mary Wessler by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 in 2:02−cv−02643 discovery ddl reset for 2/22/04 in 2:02−cv−02643 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/09/2004)
56 STIPULATION to extend time to resolve discovery disputes and disclosure issues by plas, dfts (LAD) (Entered: 02/13/2004)
57 ORDER by Judge David G. Campbell granting stipulation to extend time to resolve discovery disputes and disclosure issues by plas, dfts in 2:02−cv−02643; the deadline to resolve discovery disputes and disclosure issues and to supplement disclosures is extended to 3/12/0* (*as agreed by parties, this extension shall not change the 3/26/04 deadline for filing dispositive motions (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/13/2004)
59 NOTICE of compliance of 5th supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC in 2:02−cv−02643 (LAD) (Entered: 02/26/2004)
58 ORDER by Judge David G. Campbell re: order (scheduling) [44−1] in 2:02−cv−02643, 2:03−cv−00064 final pretrial order ddl of 4/23/04 is vacated; pretrial conference of 4/30/04 is vacated; jury trial of 5/11/04 is vacated (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/25/2004)
60 STIPULATION for protective order by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 03/15/2004)
61 NOTICE of compliance of supplemental disclosure statement pursuant to FRCivP 26(a) by dft JPI Partners LLC in 2:02−cv−02643 (LAD) (Entered: 03/15/2004)
62 NOTICE of compliance of 4th supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 03/15/2004)
63 PROTECTIVE ORDER by Judge David G. Campbell : granting stipulation for protective order by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 in 2:02−cv−02643; ORDERED that the stipulation for protective order will govern the production, disclosure and use of all documents containing or constituting any confidential information in this action (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 03/18/2004)

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03/26/2004 04/27/2004
04/30/2004
05/05/2004 05/05/2004 05/06/2004 05/12/2004
05/27/2004 07/06/2004 07/07/2004 07/19/2004 09/01/2004

64 MOTION for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] (BULKY DOCUMENT) (LAD) (Entered: 03/29/2004)
65 STIPULATION to extend time to file pla's response and dfts' reply to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] by pla in 2:02−cv−02643, dfts in 2:02−cv−02643, intervenor in 2:02−cv−02643 (pla and intervenor to respond by 5/5/04, dfts to reply by 5/27/04 −− no proposed documents) (LAD) (Entered: 04/29/2004)
66 ORDER by Judge David G. Campbell granting stipulation to extend time to file pla's response and dfts' reply to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] by pla in 2:02−cv−02643, dfts in 2:02−cv−02643, intervenor in 2:02−cv−02643 (pla and intervenor to respond by 5/5/04, dfts to reply by 5/27/04 −− no proposed documents) in 2:02−cv−02643 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 04/30/2004)
67 RESPONSE by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] (LAD) (Entered: 05/07/2004)
68 STATEMENT OF FACTS by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 in response to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI Apartment Mgt in 2:02−cv−02643 [64−1] (BULKY DOCUMENT) (LAD) (Entered: 05/07/2004)
69 MOTION to exceed the page limit for doc(s) response to motion for summary judgment by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [69−1] (proposed response not provided) (LAD) (Entered: 05/10/2004)
70 ORDER by Judge David G. Campbell granting motion to exceed the page limit for doc(s) response to motion for summary judgment by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [69−1] (proposed response not provided) in 2:02−cv−02643; ORDERED that the page limit for the response of the Commission and pla intervenor is extended by 5 pages for a total of 22 pages (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 05/12/2004)
71 REPLY by dfts in 2:02−cv−02643 to response to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] (LAD) (Entered: 05/28/2004)
72 ORDER by Judge David G. Campbell setting motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] at in 2:02−cv−02643 4:00 8/11/04 in 2:02−cv−02643, in 2:03−cv−00064 (cc: all counsel) (CMM) (ADI−ICMS, ). (Entered: 07/06/2004)
73 NOTICE by dfts of conflict (with 8/11/04 date of oral argument) (LAD) (Entered: 07/09/2004)
74 ORDER by Judge David G. Campbell resetting motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] at in 2:02−cv−02643 4:00 9/1/04 in 2:02−cv−02643, in 2:03−cv−00064 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 07/19/2004)
75 MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Patricia Lyons. Appearances: Katherine Kruse for pla; Peter Prynkiewicz and Shaye Mann for dfts. Oral argument held on pending motions. IT IS ORDERED taking under advisement on 9/1/04 the motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1]. [cc: DGC] [75−1] (LMR) (Entered: 09/03/2004)

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09/09/2004
09/09/2004
09/21/2004 09/27/2004
11/04/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/12/2004 11/16/2004

76 ORDER by Judge David G. Campbell denying motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 [64−1] in 2:02−cv−02643; by separate order the Court will schedule a final pretrial conference (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 09/09/2004)
77 ORDER by Judge David G. Campbell ; PTO ddl set for 4:00 10/8/04 in 2:02−cv−02643, in 2:03−cv−00064 ; Pretrial conference set for 3:00 10/29/04 in 2:02−cv−02643, in 2:03−cv−00064 (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 09/09/2004)
78 STIPULATION to continue final pretrial conference (for 30 days) by pla in 2:02−cv−02643, dfts in 2:02−cv−02643, intervenor in 2:02−cv−02643 (LAD) (Entered: 09/23/2004)
79 AMENDED ORDER by Judge David G. Campbell ; Pretrial conference set for 4:00 12/3/04 in 2:02−cv−02643, in 2:03−cv−00064 ; PTO ddl set for 4:00 11/12/04 in 2:02−cv−02643, in 2:03−cv−00064 (cc: all counsel) (LAD) Modified on 09/27/2004 (ADI−ICMS, ). (Entered: 09/27/2004)
80 MOTION to bifurcate punitive damages by dfts in 2:02−cv−02643 [80−1] (LAD) (Entered: 11/05/2004)
PROPOSED PRE−TRIAL ORDER submitted by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
81 STATEMENT of case by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
82 PROPOSED Jury Verdict FORM by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
83 PARTIAL DEPOSITION DESIGNATIONS by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
84 JOINT PROPOSED Voir dire submitted by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
85 PROPOSED Jury Instructions by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
86 JOINT LIST OF PROPOSED Jury Instructions by pla EEOC in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
87 PROPOSED Jury Questionnaire by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
88 STIPULATION to dates set forth in the Court's amended order setting final pretrial conference in 2:02−cv−02643, in 2:03−cv−00064 [79−1] by pla in 2:02−cv−02643, dfts in 2:02−cv−02643, intervenor in 2:02−cv−02643 (LAD) (Entered: 11/16/2004)
90 FORM OF Jury Verdict and Jury Interrogatories by dfts in 2:02−cv−02643 (LAD) (Entered: 11/19/2004)
91 STATEMENT of the case by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (LAD) (Entered: 11/19/2004)
89 ORDER by Judge David G. Campbell granting stipulation to dates set forth in the Court's amended order setting final pretrial conference in 2:02−cv−02643, in 2:03−cv−00064 [79−1] by pla in 2:02−cv−02643, dfts in 2:02−cv−02643, intervenor in 2:02−cv−02643 in 2:02−cv−02643; ORDERED that the dates to submit documents, other than the final pretrial order, set forth in the Court's amended order setting final pretrial conference of 9/27/04, are enlarged by a period of 7 days (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 11/16/2004)

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11/17/2004 11/17/2004 11/17/2004 11/19/2004 11/20/2004 11/22/2004 11/24/2004 12/01/2004 12/03/2004
12/08/2004 12/10/2004 12/10/2004
12/10/2004 12/13/2004 12/16/2004
12/16/2004 12/27/2004 01/04/2005

PROPOSED PRE−TRIAL ORDER submitted by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (LAD) (Entered: 11/18/2004)
92 JOINT PROPOSED Voir dire submitted by pla EEOC in 2:02−cv−02643 (SRB) (Entered: 11/22/2004)
93 JOINT LIST OF PROPOSED JURY INSTRUCTIONS by pla in 2:02−cv−02643, dft in 2:02−cv−02643 (SRB) (Entered: 11/22/2004)
94 DEPOSITION DESIGNATIONS by dfts (LAD) (Entered: 11/24/2004)
95 DEPOSITION DESIGNATIONS by pla EEOC, intervenor Tracy Williams Valenzuela (LAD) (Entered: 11/24/2004)
96 NOTICE by pla EEOC regarding deposition designations (LAD) (Entered: 11/29/2004)
97 RESPONSE by intervenor Tracy Williams Valenzuela in 2:02−cv−02643 to motion to bifurcate punitive damages by dfts in 2:02−cv−02643 [80−1] (LAD) (Entered: 11/30/2004)
98 REPLY by dfts in 2:02−cv−02643 to response to motion to bifurcate punitive damages by dfts in 2:02−cv−02643 [80−1] (LAD) (Entered: 12/03/2004)
99 MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Candy Potter. Pretrial conference held. Matters discussed. IT IS ORDERED denying motion to bifurcate punitive damages by dfts in 2:02−cv−02643 [80−1]. IT IS ORDERED setting jury trial for 2/11/05 at 8:30 a.m. IT IS FURTHER ORDERED setting Final Pretrial conference for 2/8/05 at 4:30 p.m. Counsel may appear telephonically. [cc: DGC] [99−2] (LMR) (Entered: 12/08/2004)
102 MOTION (REQUEST) for mandatory settlement conference by intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [102−1] (LAD) (Entered: 12/10/2004)
100 JOINT FINAL PRETRIAL ORDER approved by Judge David G. Campbell (LAD) (ADI−ICMS, ). (Entered: 12/10/2004)
101 ORDER by Judge David G. Campbell trial set for 2/11/05 at 8:30 am; final pretrial conference set for 2/8/05 at 4:30 pm; denying motion to bifurcate punitive damages by dfts in 2:02−cv−02643 [80−1]; on or before 12/10/04, parties shall submit to the court deposition transcripts....; counsel for parties to meet to discuss settlement before 12/31/04 and provide the court with a report of such talks (cc: all counsel) (received 12/9/04) (LAD) (ADI−ICMS, ). (Entered: 12/10/2004)
103 NOTICE by dfts of lodging dfts' highlighted deposition designations (LAD) (Entered: 12/13/2004)
104 NOTICE by pla EEOC of lodging deposition excerpts containing designations for trial (LAD) (Entered: 12/14/2004)
105 MINUTE ORDER IT IS ORDERED granting motion for mandatory settlement conference by intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [102−1]. Magistrate Judge David K. Duncan having been randomly drawn, IT IS ORDERED referring this matter to Magistrate Judge Duncan for settlement conference. Counsel are directed to contact said chambers to schedule a hearing date and time. (cc: DGC, DKD, docket clerk, all counsel) [105−1] (LMR) (Entered: 12/16/2004)
106 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643 (SRB) (Entered: 12/17/2004)
107 MINUTE ENTRY before Magistrate Judge David K. Duncan . . ; settlement conference set for 9:00 1/7/05 , before Magistrate Judge David K. Duncan [107−3] (copies sent by JA) (LAD) (ADI−ICMS, ). (Entered: 12/28/2004)
108 REPORT to Court re status of settlement by intervenor Tracy Williams Valenzuela in 2:02−cv−02643 (LAD) (Entered: 01/06/2005)

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01/07/2005 01/07/2005 01/11/2005 01/11/2005
01/20/2005 01/27/2005

109 JOINT MOTION for entry of consent decree by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [109−1] (LAD) (Entered: 01/07/2005)
110 MINUTE ENTRY before Judge David G. Campbell . Crt Rptr: None; settlement conference held ; settlement reached; Consent Degree signed by the parties on 1/7/05 and anticipate filing Stipulation for Dismissal on 1/10/05 [cc: all counsel] [0−2] (SRB) (ADI−ICMS, ). (Entered: 01/10/2005)
111 ORDER by Judge David G. Campbell having been advised that this matter has settled, the trial in this matter set for 2/11/05 is vacated, the final conference set for 2/8/05 is vacated pretrial conference vacated ; jury trial vacated (cc: all counsel) (SRB) (ADI−ICMS, ). (Entered: 01/11/2005)
112 CONSENT JUDGMENT by Judge David G. Campbell : to dismiss case granting motion for entry of consent decree by pla EEOC in 2:02−cv−02643, dft JPI Partners LLC in 2:02−cv−02643, dft JPI AZ Apartment Mgt in 2:02−cv−02643, intervenor Tracy Williams Valenzuela in 2:02−cv−02643 [109−1] in 2:02−cv−02643; ORDERED ADJUDGED AND DECREED that JPI will not, for the duration of this Decree, discriminate against an applicant or employee based on sex, and will not discipline or terminate an employee due to her pregnancy; JPI agrees to conduct all employment practices in a non− discriminatory manner; JPI will not, for the duration of this decree, retaliate against any employee because he or she (i) opposed discriminatory practices made unlawful by Title VII, (ii) filed a charge of discrimination, or is assisting or participating in the filing of a charge or (iii) testified, assisted or participated in an investigation, proceeding or hearing brought under Title VII; for the duration of this decree, in all matters arisig from or relating to employment, JPI shall preserve all personnel records relevant to the determination of whether employment practices in violation of Title VII have been or are being committed; JPI shall preserve these records for 1 year from the date of making of the record or of the personnel action documented in the record, whichever occurs later; if a charge of discrimination is filed against JPI...JPI shall preserve all relevant personnel records until final disposition of the charge; JPI or its agent shall pay the amount of $135,000 to Tracy Valenzuela's legal counsel; JPI will post, for the duration of this decree, in a prominent place frequented by its employees at its facilities in AZ, including its multi−family housing communities, the notice attached as Exhibit A in the same type, style and size as exhibit A.... (cc: all counsel/jgm drawer) (LAD) (ADI−ICMS, ). (Entered: 01/11/2005)
113 STIPULATION to dismiss case with prejudice by pla in 2:02−cv−02643, dfts in 2:02−cv−02643 (case already termed) (SRB) (Entered: 01/24/2005)
114 ORDER by Judge David G. Campbell granting stipulation to dismiss case with prejudice by pla in 2:02−cv−02643, dfts in 2:02−cv−02643 in 2:02−cv−02643; ORDERED that pla−intervenor's claims be dismissed with prejudice, each party to bear its own attorneys' fees and costs (cc: all counsel/order book) (LAD) (ADI−ICMS, ). (Entered: 01/27/2005)

 
 CM/ECF - azd - Docket Report

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?373860703043373-L_35...

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:03-cv-00064-DGC

STD, TERMED

Valenzuela, et al v. JPI Partners LLC, et al Assigned to: Judge David G Campbell Demand: $0 Lead case: 2:02-cv-02643-DGC Member case: (View Member Case) Case in other court: Sup Ct Maricopa, CV2002-017475 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/10/2003 Date Terminated: 01/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Tracy Williams Valenzuela wife

represented by William D Holm Jones Skelton & Hochuli PLC 2901 N Central Ave Ste 800 Phoenix, AZ 85012 602-263-1700 Fax: 602-200-7804 Email: bholm@jshfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Joseph Valenzuela husband

represented by William D Holm (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant JPI Partners LLC a foreign corporation

represented by John Mark Ogden Littler Mendelson PC 2425 E Camelback Rd Ste 900 Phoenix, AZ 85016-2907 602-474-3601 Fax: 602-957-1801 Email: mogden@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurent Richard George Badoux

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Defendant JPI Arizona Apartment Management, L.L.C. a Delaware Corporation also known as JPI Partners Inc
Defendant Mary Wessler a single person

Defendant John Does 1-5
Defendant Jane Does 1-5
Defendant ABC Entities 1-5

Date Filed

#

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?373860703043373-L_35...
Littler Mendelson PC 2425 E Camelback Rd Ste 900 Phoenix, AZ 85016-2907 602-474-3600 Fax: 602-957-1801 Email: lbadoux@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Mark Ogden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Laurent Richard George Badoux (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Mark Ogden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Laurent Richard George Badoux (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

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https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?373860703043373-L_35...

01/10/2003 01/10/2003 01/23/2003 01/29/2003 02/03/2003 02/05/2003 02/10/2003
05/13/2003
05/27/2003 09/22/2003
10/10/2003

1 NOTICE OF REMOVAL from Maricopa County Superior Court Case Number: CV2002-017475 (summons/complaint) (ESH) (Entered: 01/14/2003)
2 CERTIFICATE of Svc of Notice of Adverse Parties of Removal to Federal Court by dfts (MAP) (Entered: 01/15/2003)
3 STIPULATION to extend time for JPI Dfts to answer the Complaint [1-2] by Dfts JPI Partners LLC, JPI AZ Apartment Mgt, MAry Wessler and Pla [3-1] (MAP) Modified on 01/27/2003 (Entered: 01/27/2003)
4 ORDER by Magistrate Judge David K. Duncan granting stipulation to extend time for JPI Dfts to answer the Complaint [1-2] by Dfts JPI Partners LLC, JPI AZ Apartment Mgt, MAry Wessler and Pla [3-1] Time extended thru 2/28/03 (cc: all counsel) (MAP) (Entered: 01/29/2003)
5 Party agrees to mag judge jurisdiction (MAP) (Entered: 02/10/2003)
6 Party elects assignment of case to district judge ; mag election form ddl satisfied 2/5/03 (MAP) (Entered: 02/10/2003)
7 MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Earl H. Carroll All further papers/pleadings should now list the following COMPLETE case number: CIV-03-64-PHX-EHC (cc: all counsel/DKD/EHC) [7-2] (MAP) (Entered: 02/10/2003)
8 STIPULATION to consolidate this case with CV02-2643-PHX-FJM and transfer this action 03cv64-PHX-EHC to Judge Martone by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI Partners LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler , and and to dismiss counts I, II and III by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI Partners LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler (DMT) (Entered: 05/16/2003)
9 NOTICE of service of discovery by plas. (DMT) (Entered: 05/30/2003)
10 ORDER by Judge David G. Campbell granting stipulation to consolidate this case with CV02-2643-PHX-FJM and transfer this action 03cv64-PHX-EHC by pla Tracy Williams Valenzuela, pla Joseph Valenzuela, dft JPI LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler, granting stipulation and to dismiss counts I, II and III by pla Williams Valenzuela, pla Joseph Valenzuela, dft JPI LLC, dft JPI AZ Apartment Mgt, dft Mary Wessler Case reassigned to Judge David G. Campbell (with notice re consolidation sent) ; FURTHER ORDERED the parties shall by 9/26/03, file with the Court a joint case management report addressing whether the consolidation of these cases will require an adjustment in the litigation schedule presently existing for CV 02-2643.... (cc: all counsel/EHC) (LAD) (Entered: 09/22/2003)
ORDER by Judge David G. Campbell granting stipulation to extend time for dfts' response to pla's discovery requests (to 10/20/03) by pla in 2:02-cv-02643, dfts in 2:02-cv-02643 in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 10/10/2003)

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10/14/2003 02/09/2004 02/13/2004 02/25/2004 03/18/2004
04/30/2004
05/12/2004 07/06/2004

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?373860703043373-L_35...
SCHEDULING ORDER by Judge David G. Campbell ; discovery due 2/13/04 in 2:02-cv-02643, in 2:03-cv-00064 ; dispositive motions due 3/26/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) re: order (scheduling) [0-1] (LAD) (Entered: 10/14/2003)
ORDER by Judge David G. Campbell granting stipulation for extension of discovery deadline to complete the deposition of Mary Wessler by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 in 2:02-cv-02643 discovery ddl reset for 2/22/04 in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 02/09/2004)
ORDER by Judge David G. Campbell granting stipulation to extend time to resolve discovery disputes and disclosure issues by plas, dfts in 2:02-cv-02643; the deadline to resolve discovery disputes and disclosure issues and to supplement disclosures is extended to 3/12/0* (*as agreed by parties, this extension shall not change the 3/26/04 deadline for filing dispositive motions (cc: all counsel) (LAD) (Entered: 02/13/2004)
ORDER by Judge David G. Campbell re: order (scheduling) [44-1] in 2:02-cv-02643, 2:03-cv-00064 final pretrial order ddl of 4/23/04 is vacated; pretrial conference of 4/30/04 is vacated; jury trial of 5/11/04 is vacated (cc: all counsel) (LAD) (Entered: 02/25/2004)
PROTECTIVE ORDER by Judge David G. Campbell : granting stipulation for protective order by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that the stipulation for protective order will govern the production, disclosure and use of all documents containing or constituting any confidential information in this action (cc: all counsel) (LAD) (Entered: 03/18/2004)
ORDER by Judge David G. Campbell granting stipulation to extend time to file pla's response and dfts' reply to motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] by pla in 2:02-cv-02643, dfts in 2:02-cv-02643, intervenor in 2:02-cv-02643 (pla and intervenor to respond by 5/5/04, dfts to reply by 5/27/04 -- no proposed documents) in 2:02-cv-02643 (cc: all counsel) (LAD) (Entered: 04/30/2004)
ORDER by Judge David G. Campbell granting motion to exceed the page limit for doc(s) response to motion for summary judgment by pla EEOC in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643 [69-1] (proposed response not provided) in 2:02-cv-02643; ORDERED that the page limit for the response of the Commission and pla intervenor is extended by 5 pages for a total of 22 pages (cc: all counsel) (LAD) (Entered: 05/12/2004)
ORDER by Judge David G. Campbell setting motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] at in 2:02-cv-02643 4:00 8/11/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (CMM) (Entered: 07/06/2004)

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07/19/2004 09/09/2004 09/09/2004 09/27/2004 11/16/2004
12/10/2004 12/10/2004
01/07/2005 01/11/2005 01/11/2005
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ORDER by Judge David G. Campbell resetting motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] at in 2:02-cv-02643 4:00 9/1/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (DMT) (Entered: 07/19/2004)
ORDER by Judge David G. Campbell denying motion for summary judgment (dismissing the pregnancy discrimination claims) by dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643 [64-1] in 2:02-cv-02643; by separate order the Court will schedule a final pretrial conference (cc: all counsel) (LAD) (Entered: 09/09/2004)
ORDER by Judge David G. Campbell ; PTO ddl set for 4:00 10/8/04 in 2:02-cv-02643, in 2:03-cv-00064 ; Pretrial conference set for 3:00 10/29/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (LAD) (Entered: 09/09/2004)
AMENDED ORDER by Judge David G. Campbell ; Pretrial conference set for 4:00 12/3/04 in 2:02-cv-02643, in 2:03-cv-00064 ; PTO ddl set for 4:00 11/12/04 in 2:02-cv-02643, in 2:03-cv-00064 (cc: all counsel) (LAD) Modified on 09/27/2004 (Entered: 09/27/2004)
ORDER by Judge David G. Campbell granting stipulation to dates set forth in the Court's amended order setting final pretrial conference in 2:02-cv-02643, in 2:03-cv-00064 [79-1] by pla in 2:02-cv-02643, dfts in 2:02-cv-02643, intervenor in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that the dates to submit documents, other than the final pretrial order, set forth in the Court's amended order setting final pretrial conference of 9/27/04, are enlarged by a period of 7 days (cc: all counsel) (LAD) (Entered: 11/16/2004)
JOINT FINAL PRETRIAL ORDER approved by Judge David G. Campbell (LAD) (Entered: 12/10/2004)
ORDER by Judge David G. Campbell trial set for 2/11/05 at 8:30 am; final pretrial conference set for 2/8/05 at 4:30 pm; denying motion to bifurcate punitive damages by dfts in 2:02-cv-02643 [80-1]; on or before 12/10/04, parties shall submit to the court deposition transcripts....; counsel for parties to meet to discuss settlement before 12/31/04 and provide the court with a report of such talks (cc: all counsel) (received 12/9/04) (LAD) (Entered: 12/10/2004)
MINUTE ENTRY before Judge David G. Campbell . Crt Rptr: None; settlement conference held ; settlement reached; Consent Degree signed by the parties on 1/7/05 and anticipate filing Stipulation for Dismissal on 1/10/05 [cc: all counsel] [0-2] (SRB) (Entered: 01/10/2005)
ORDER by Judge David G. Campbell having been advised that this matter has settled, the trial in this matter set for 2/11/05 is vacated, the final conference set for 2/8/05 is vacated pretrial conference vacated ; jury trial vacated (cc: all counsel) (SRB) (Entered: 01/11/2005)
CONSENT JUDGMENT by Judge David G. Campbell : to dismiss case granting motion for entry of consent decree by pla EEOC in 2:02-cv-02643, dft JPI Partners LLC in 2:02-cv-02643, dft JPI AZ Apartment Mgt in 2:02-cv-02643, intervenor Tracy Williams Valenzuela in 2:02-cv-02643
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01/27/2005

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?373860703043373-L_35...
[109-1] in 2:02-cv-02643; ORDERED ADJUDGED AND DECREED that JPI will not, for the duration of this Decree, discriminate against an applicant or employee based on sex, and will not discipline or terminate an employee due to her pregnancy; JPI agrees to conduct all employment practices in a nondiscriminatory manner; JPI will not, for the duration of this decree, retaliate against any employee because he or she (i) opposed discriminatory practices made unlawful by Title VII, (ii) filed a charge of discrimination, or is assisting or participating in the filing of a charge or (iii) testified, assisted or participated in an investigation, proceeding or hearing brought under Title VII; for the duration of this decree, in all matters arisig from or relating to employment, JPI shall preserve all personnel records relevant to the determination of whether employment practices in violation of Title VII have been or are being committed; JPI shall preserve these records for 1 year from the date of making of the record or of the personnel action documented in the record, whichever occurs later; if a charge of discrimination is filed against JPI...JPI shall preserve all relevant personnel records until final disposition of the charge; JPI or its agent shall pay the amount of $135,000 to Tracy Valenzuela's legal counsel; JPI will post, for the duration of this decree, in a prominent place frequented by its employees at its facilities in AZ, including its multi-family housing communities, the notice attached as Exhibit A in the same type, style and size as exhibit A.... (cc: all counsel/jgm drawer) (LAD) (Entered: 01/11/2005)
ORDER by Judge David G. Campbell granting stipulation to dismiss case with prejudice by pla in 2:02-cv-02643, dfts in 2:02-cv-02643 in 2:02-cv-02643; ORDERED that pla-intervenor's claims be dismissed with prejudice, each party to bear its own attorneys' fees and costs (cc: all counsel/order book) (LAD) (Entered: 01/27/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - January 2005

http://www.eeoc.gov/litigation/settlements/settlement01-05.html

EEOC v. JPI Partners No. CIV 02 2643 PHX FJM (D. Ariz. January 11, 2005)
In this individual Title VII lawsuit, the Phoenix District Office alleged that JPI Partners, a company that builds and manages apartment complexes, disciplined and terminated charging party because she was pregnant. Charging party was hired in August 1999 as the Regional Property Manager for four of defendant's Phoenix apartment complexes. Defendant gave her a merit raise within her first 4 months of employment, and she earned performance bonuses in June and August 2000 for meeting her occupancy and move-in goals. Following a July 2000 reorganization, charging party reported to a new manager. Charging party informed the new manager in early August 2000 that she was pregnant, and within a week the manager gave her a verbal performance warning and wrote a memorandum to the Divisional President and Vice President criticizing charging party and setting forth a plan to force her out within 30 days. Defendant terminated charging party a month later without following its progressive discipline system.
The parties resolved the case through a 2-year consent decree, providing the charging party with $135,000 in monetary relief. Defendant is prohibited from discriminating against applicants or employees based on sex, from disciplining or terminating employees because of pregnancy, and from retaliation. Defendant will post a notice in a prominent place at all of its facilities in Arizona regarding the requirements of Title VII and explaining how to file a discrimination complaint internally, with the Arizona Civil Rights Division, and with the EEOC. In addition, defendant will provide 2 hours of EEO training to all employees at each Arizona property as well as the next two levels of supervisors within charging party's region.

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