Case 2:06-cv-01562-GEB-GGH Document 1 Filed 07/13/2006 Page 1 of 4

1 WILLIAM R. TAMAYO (CA Bar No. 084965) JONATHAN T. PECK (VA Bar No. 12303)
2 CINDY O'HARA (CA Bar No. 114555)
EQUAL EMPLOyMENT OPPORTUNITY COMMISSION 3 San Francisco District Office
350 The Embarcadero, Suite 500 4 San Francisco, CA 94105
Telephone No. (415) 625-5653 5 FacsImile No. (415) 625-5657

6 Attorneys for Plaintiff
Equal Employment Opportunity Commission 7

8
UNITED STATES DISTRICT COURT 9
EASTERN DISTRICT OF CALIFORNIA 10

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12

Civil Action No. COMPLAINT

13 14 v.

Plaintiff,

Civil Rights - Employment Discrimmation

15
MEADOWVIEW COMMUNITY 16 ACTION, INC.,

JURY TRIAL DEMAND

17

Defendant.

18 NATURE OF THE ACTION
19

20

This action is brought pursuant to Title VII of the Civil Rights Act of 1964 and

21 Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the

22 basis of sex, and to provide appropriate relief to Lacey Wesley and Laney Wesley, who

23 were adversely affected by such practices. Defendant Meadowview Community Action

24 subjected Lacey Wesley and Laney Wesley to unlawful disparate treatment based on

25 their sex.

26

JURISDICTION AND VENUE

27

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331,

28 1337, 1343 and 1345. This action is authorized and instituted pursuant to §706(f)(I) and

COMPLAINT

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Case 2:06-cv-01562-GEB-GGH Document 1 Filed 07/13/2006 Page 2 of 4

1 (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1) and
2
(3) ("Title VII") and §102 of the Civil Rights Act of 1991,42 U.S.c. §1981a. 3
2. The employment practices alleged to be unlawful were and are now being 4
committed within the jurisdiction of the United States District Court for the Eastern 5
District of California, Sacramento division. 6
INTRADISTRICT ASSIGNMENT 7
3. This action is appropriate for assignment to Sacramento because 8
Defendant's principal place of business is in Sacramento County. 9
PARTIES 10
4. Plaintiff, the Equal Employment Opportunity Commission 11
("Commission") is the agency of the United States of America charged with the 12
administration, interpretation and enforcement of Title VII, and is expressly authorized
13
to bring this action by §706(f)(1) and (3) of Title VII, §2000-e(f)(1) and (3). 14
5. Defendant Meadowview Community Action is a California corporation, 15
doing business in the State of California, in the County of Sacramento, and has 16
continuously had at least 15 employees. 17
6. At all relevant times, Defendant Meadowview Community Action, 18
(hereinafter "Defendant") has continuously been an employer engaged in an industry 19
affecting commerce, within the meaning of §701(b), (g) and (h) of Title VII, 42 U.S.c. 20
§2000-e(b), (g) and (h). 21

22

STATEMENT OF CLAIM

23

On Behalf of the Charging Party

Violation of Title VII of Civil Rights Act Based on Sex Discrimination

24

7. More than thirty days prior to the institution of this lawsuit, Lacey Wesley

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and Laney Wesley (hereinafter "Charging Parties") filed charges with Plaintiff

26

Commission alleging violations of Title VII by Defendant. All conditions precedent to

27 the institution of this lawsuit have been fulfilled.

28

COMPLAINT

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8. Since at least August 10, 2004, Defendant engaged in the unlawful practice

2 of sex discrimination in violation of §703(a) of Title VII, 42 U.S.c. §2000e-2(a)(1) by

3 discriminating against the Charging Parties on the basis of their gender, in that

4 Defendant terminated Charging Parties' employment because they were women to

5 replace them with men.

6

9. The effect of the actions complained of in paragraph 8 above has been to

7 deprive the Charging Parties of equal employment opportunities and otherwise

8 adversely affect their status as employees because of their sex.

9

10. The unlawful employment practices complained of in paragraph 8 above

10 were intentional.

11

11. The unlawful employment practices complained of in paragraph 8 above

12 were done with malice or with reckless indifference to the federally protected rights of

13 the Charging Parties.

14

PRAYER FOR RELIEF

15

Wherefore, the Commission respectfully requests that this Court:

16

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

17 assigns, and all persons acting in concert or participation with them, from engaging in

18 sex discrimination against its employees.

19

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

20 programs which prohibit disparate treatment based on sex, and which eradicate the

21 effects of its unlawful employment practices.

22

C. Order Defendant to make Charging Parties whole, by providing

23 appropriate back pay and benefits with prejudgment interest, and other affirmative

24 relief necessary to eradicate the effects of its unlawful employment practices, including

25 but not limited to reinstatement and! or front pay and other appropriate relief to be

26 determined at trial.

27

D. Order Defendant to make Charging Parties whole by providing

28 compensation for past and future pecuniary losses resulting from the unlawful

COMPLAINT

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1 employment practices complained of above, including but not limited to out-of-pocket

2 expenses necessitated by Defendant's unlawful conduct, in amounts to be determined at

3 trial.

4

E. Order Defendant to make Charging Parties whole by providing

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

6 practices complained of above including, but not limited to emotional pain and

7 suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be

8 determined at trial.

9

F. Order Defendant to pay Charging Parties punitive damages for the

10 malicious and reckless conduct described above, in amounts to be determined at trial.

11

G. Grant such further relief as the Court may deem just and proper in the

12 public interest.

13

H. Award the Commission its costs of this action.

14

DEMAND FOR JURY TRIAL

15 Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff hereby

16 demands a jury trial.

17

18

19

20

21 Dated: "7((,(0 (7
22
23 Dated: 7[(J6(~
24

25 Dated: -=::J':.--""'-l--.yt "---_,l-f-~;;".!:-d--=Ob

26

(I

JAMESL. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel Washington, DC 20507
&£.~I/AMR~:r~ AM~~06~'-
Supervisorx Tria Attorney

27

Equal Employment Opportunity Commission

28

San FranCISCO District Office

350 The Embarcadero, Suite 500

San Francisco, CA 94105

COMPLAINT

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 UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
v.
MEADOWVIEW COMMUNITY ACTION, INC.,

CLERKS CERTIFICATE OF ENTRY OF DEFAULT
2:06−CV−01562−GEB−GGH

TO ALL COUNSEL:
By application of Plaintiff and it appearing that the defendant having been duly served with process as appears from the record and papers on file herein; and having failed to appear, plead or answer Plaintiff's complaint within the time allowed by law; the default of the following Defendant(s) is/are hereby entered:
Meadowview Community Action, Inc.
Counsel is/are referred to Rule 55(b), of the Federal Rules of Civil Procedure, and Local Rules 72−302(c)(19) and 78−230. If there is more then one defendant in this case, counsel are further referred to Fed. R. Civ. P. 54(b).
IN TESTIMONY WHERE OF, I have hereunto subscribed my name and affixed the seal of the United States District Court for the Eastern District of California, on December 13, 2006.
VICTORIA C. MINOR CLERK OF COURT
By: /s/ K. Carlos

Deputy Clerk

 
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11 Plaintiff,
12 vs.
13 MEADOWVIEW COMMUNITY
14 ACTION, INC.,

2:06-cv-1562-GEB-GGH

15

Defendant.

ORDER

16 __________________________________/

17

On February 4, 2007, the magistrate judge filed findings and recommendations

18 herein which were served on the parties and which contained notice that any objections to the

19 findings and recommendations were to be filed within ten days. No objections were filed.

20

Accordingly, the court presumes any findings of fact are correct. See Orland v.

21 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are

22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

23 1983).

24

The court has reviewed the applicable legal standards and, good cause appearing,

25 concludes that it is appropriate to adopt the Findings and Recommendations in full.

26 \\\\\

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Accordingly, IT IS ORDERED that:

2

1. The Findings and Recommendations filed February 4, 2007, are ADOPTED;

3 and

4

2. Plaintiff’s motion for entry of default judgment is GRANTED. Judgment is

5 rendered in the amount of $760 in lost wages for each charging party, and $15,000 in

6 compensatory damages for each charging party, for a total judgment of $31,520.

7 Dated: March 12, 2008 8

9

GARLAND E. BURRELL, JR.

10

United States District Judge

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CIVIL, CLOSED
U.S. District Court Eastern District of California - Live System (Sacramento) CIVIL DOCKET FOR CASE #: 2:06-cv-01562-GEB-GGH

EEOC v. Meadowview Community Action, Inc. Assigned to: Judge Garland E. Burrell, Jr Referred to: Magistrate Judge Gregory G. Hollows Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/13/2006 Date Terminated: 03/13/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cindy S O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Ste. 500 San Francisco, CA 94105 (415) 625-5653 Fax: (415) 625-5657 Email: cindy.ohara@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Peck Equal Employment Opportunity Commission 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5646 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Meadowview Community Action, Inc.

Date Filed 07/13/2006

# Docket Text
1 COMPLAINT against Meadowview Community Action, Inc. by Equal Employment Opportunity Commission. Attorney O'Hara, Cindy S added.(O'Hara, Cindy) (Entered: 07/13/2006)

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07/13/2006 09/08/2006 09/11/2006 09/12/2006 09/25/2006
09/26/2006 11/16/2006 11/20/2006 11/29/2006 12/13/2006 02/09/2007

2 CIVIL COVER SHEET by Equal Employment Opportunity Commission (O'Hara, Cindy) (Entered: 07/13/2006)
3 SUMMONS ISSUED as to *Meadowview Community Action, Inc.* with answer to complaint due within *20* days. Attorney *Cindy O'Hara, Senior Trial Attorney* *Equal Employment Opportunity Commission, San Francisco District Office* *350 The Embarcadero, Suite 500* *San Francisco, CA 94105*. (Marciel, M) (Entered: 07/13/2006)
4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/25/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Marciel, M) (Entered: 07/13/2006)
5 CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. (Attachments: # 1 Notice & Acknowledgment of Receipt of Service)(O'Hara, Cindy) (Entered: 09/08/2006)
6 PLAINTIFF(S) STATUS REPORT by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 09/11/2006)
7 Exparte Application for Extension of Time for Initial Disclosures; Declaration of Cindy O'Hara; [proposed] Order by Equal Employment Opportunity Commission by Equal Employment Opportunity Commission. (O'Hara, Cindy) Modified on 9/14/2006 (Mena-Sanchez, L). (Entered: 09/12/2006)
8 MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell Jr.: SCHEDULING CONFERENCE held on 9/25/2006. Court order will be issued. Plaintiffs Counsel Cindy O'Hara present. Defendants Counsel Malachi Smith, representative present. Court Reporter/CD Number: Kimberly Bennett. (Furstenau, S) (Entered: 09/26/2006)
9 ORDER signed by Judge Garland E. Burrell Jr. on 9/25/06 ORDERING Status Conference re-set for 12/4/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) (Entered: 09/26/2006)
10 MOTION for DEFAULT JUDGMENT REQUEST TO ENTER DEFAULT by Equal Employment Opportunity Commission. Attorney Peck, Jonathan added. (Attachments: # 1 Declaration Declaration of Jonathan T. Peck# 2 Proposed Order)(Peck, Jonathan) (Entered: 11/16/2006)
11 STATUS REPORT by Equal Employment Opportunity Commission. (Peck, Jonathan) (Entered: 11/20/2006)
12 ORDER signed by Judge Garland E. Burrell Jr. on 11/28/06: Status Conference RESET for 3/12/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; pltf shall file a further status report no later than 02/26/07. (Kirkpatrick, S) (Entered: 11/29/2006)
13 CLERK'S ENTRY OF DEFAULT as to *Meadowview Community Action, Inc.* (Carlos, K) (Entered: 12/13/2006)
14 CERTIFICATE of SERVICE by Equal Employment Opportunity Commission re 13 Clerk's Entry of Default. (Attachments: # 1 Clerks Certificate of Entry of

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07/03/2007 07/03/2007 07/03/2007 07/03/2007 08/09/2007
08/16/2007
09/06/2007
10/09/2007

Default)(O'Hara, Cindy) (Entered: 02/09/2007)
15 PLAINTIFF(S) STATUS REPORT by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 02/23/2007)
16 PROPOSED ORDER on pltf's request to continue status conference. (O'Hara, Cindy) Modified on 2/28/2007 (Carlos, K). (Entered: 02/26/2007)
17 ORDER signed by Judge Garland E. Burrell Jr. on 3/7/07 ORDERING Status Conference RE-SET for 6/18/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) (Entered: 03/08/2007)
18 STATUS REPORT by Equal Employment Opportunity Commission. (Peck, Jonathan) (Entered: 06/04/2007)
19 PROPOSED ORDER proposed order re 18 Status Report by Equal Employment Opportunity Commission. (Peck, Jonathan) (Entered: 06/04/2007)
20 ORDER signed by Judge Garland E. Burrell Jr. on 6/5/07 ORDERING Status Conference RE-SET for 9/17/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) (Entered: 06/06/2007)
21 MOTION for DEFAULT JUDGMENT by Equal Employment Opportunity Commission.Motion Hearing set for 8/16/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (O'Hara, Cindy) (Entered: 07/03/2007)
22 MEMORANDUM/RESPONSE in SUPPORT re 21 MOTION for DEFAULT JUDGMENT. (O'Hara, Cindy) (Entered: 07/03/2007)
23 DECLARATION of Lacey Wesley in Support of re 21 MOTION for DEFAULT JUDGMENT. (O'Hara, Cindy) (Entered: 07/03/2007)
24 DECLARATION of Laney Wesley in Support of re 21 MOTION for DEFAULT JUDGMENT. (O'Hara, Cindy) (Entered: 07/03/2007)
25 DECLARATION of Cindy O'Hara in Support of re 21 MOTION for DEFAULT JUDGMENT. (O'Hara, Cindy) (Entered: 07/03/2007)
26 REQUEST for Continuance; Declaration of Cindy O'Hara; [proposed] Order by Equal Employment Opportunity Commission re 21 MOTION for DEFAULT JUDGMENT filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 08/09/2007)
27 ORDER signed by Judge Gregory G. Hollows on 8/16/07 re 26 Request for Continuance. MOTION for DEFAULT JUDGMENT 21 Hearing RESET from 8/16/07 to 10/11/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Kastilahn, A) (Entered: 08/16/2007)
28 ORDER signed by Judge Garland E. Burrell Jr. on 09/06/07 orderingStatus Conference rescheduled for 11/26/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff shall file a status report not later than 14 days prior to the scheduling conference.(Plummer, M) (Entered: 09/06/2007)
29 ORDER signed by Judge Gregory G. Hollows on 10/9/07: The October 11, 2007, hearing on the motion for default judgment, filed July 3, 2007, is vacated. The

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02/21/2008 03/13/2008
03/13/2008

motion is submitted on the record 21 . (Kaminski, H) (Entered: 10/09/2007)
30 PLAINTIFF'S FIFTH STATUS REPORT by Equal Employment Opportunity Commission. (O'Hara, Cindy) Modified on 11/8/2007 (Yin, K). (Entered: 11/07/2007)
31 MINUTE ORDER: The pretrial scheduling conference, currently set for 11/26/07, is rescheduled for 2/11/08, at 9:00 a.m. A status report is to be filed fourteen days prior to the hearing. Ordered by Judge Garland E. Burrell Jr. on 11/9/07. (Furstenau, S) (Entered: 11/09/2007)
32 ORDER signed by Judge Gregory G. Hollows on 01/09/08; Evidentiary Hearing set for 2/1/2008 at 09:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows; pltf shall serve dft immediately with a copy of this order at dft's last known address. (Manzer, C) (Entered: 01/09/2008)
33 PLAINTIFF(S) Further Status Conference Report. (Peck, Jonathan) Modified on 1/15/2008 (Mena-Sanchez, L). (Entered: 01/14/2008)
34 MINUTES for EVIDENTIARY HEARING held on 2/1/2008 before Magistrate Judge Gregory G. Hollows: Plaintiffs Counsel Cindy O'Hara present. Court Reporter/CD Number: Tiffany Brown, ECRO. (Cannarozzi, N) (Entered: 02/01/2008)
35 EXHIBIT/WITNESS LIST re: 02/01/08 Evidentiary Hearing before the Honorable Gregory G. Hollows.(Cannarozzi, N) (Entered: 02/01/2008)
36 FINDINGS and RECOMMENDATIONS recommending that plaintiff's motion for entry of default judgment be GRANTED. Judgment should be rendered in the amount of $760 in lost wages for each charging party, and $15,000 in compensatory damages for each charging party, for a total judgment of $31,520. ORDERING the status conference before Judge Burrell on February 11, 2008, at 9:00 a.m., is vacated from the calendar. Objections to F&R due within ten days signed by Magistrate Judge Gregory G. Hollows on 2/4/08. (Kaminski, H) (Entered: 02/04/2008)
37 EXHIBIT by Equal Employment Opportunity Commission regarding letter from Donna H. Mobley to Laney Wesley. (Anderson, J) (Entered: 02/22/2008)
38 ORDER signed by Judge Garland E. Burrell, Jr on 3/12/2008 ORDERING 36 Findings and Recommendations are ADOPTED; and Pltf's motion for entry of default judgment is GRANTED. Judgment is rendered in the amount of $760 in lost wages for each charging party, and $15,000 in compensatory damages for each charging party, for a total judgment of $31,520.(Matson, R) (Entered: 03/13/2008)
39 JUDGMENT entered pursuant to Order entered on *3/13/2008* and signed by Judge Garland E. Burrell, Jr on 3/12/2008. (Matson, R) (Entered: 03/13/2008)

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