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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NEW MEXICO NEWSPAPERS, INC.,

)

d/b/a THE DAILY TIMES,

)

)

Defendant.

)

)

CIV 9 8 11 8 8 JP
CIV
COMPLAIM-UAM W., DEATOf~
JURy TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 by the Equal Employment Opportunity Commission to correct unlawful

employment practices on the basis of sex and retaliation and to provide appropriate relief to Jessica

McGuire, Jennifer Ulibarri and a class of female employees and who were adversely affected by

such practices. The Commission alleges that defendant subjected Jessica McGuire, Jennifer Ulibarri

and other females to unwelcome physical and verbal conduct of a sexual nature, which created an

intimidating, hostile, and abusive working environment. As a result of the sexual harassment Jessica

McGuire was retaliated against by defendant and Jennifer Ulibarri was forced to resign her

employment with defendant.

\

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 andl1345. This action is authorized and instituted pursuant to Sections 706(t)(1) and (3) of Title VII of 1he Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(t)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged below to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(t)(1) and (3). 4. At all times relevant to this action, defendant, New Mexico Newspapers, Inc, d/b/a The Daily Times (the "defendant"), was a business in the State of New Mexico and the City of Falmington, and has continuously had at least fifteen employees. 5. At all times relevant to this action, defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jessica McGuire and Jennifer Ulibarri filed a charge with the Commission alleging violations of Title VII by the defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least February 1996, defendant engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a). These practices include sexual
2

harassment of Jennifer Ulibarri and a class of female employees, and the discharge of Jennifer Ulibarri.
8. Since at least May 1996, defendant engaged in unlawful employment practices in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a). The~ practices include sexual harassment of Jessica McGuire and retaliation agaisnt Ms. McGuire.
9. The effect of the practices complained of in paragraphs 7 and 8 has been to deprive Jessica McGuire, Jennifer Ulibarri and a class of females of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Jessica McGuire, Jennifer Ulibarri and a class of females.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, New Mexico Newspapers, Inc., d/b/a The Daily Times, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order defendant to make whole Jessica McGuire, Jennifer Ulibarri and a class of fenlales by providing appropriate backpay with prejudgment interest in amounts to be determined
3

at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order defendant to make whole Jessica McGuire, Jennifer Ulibarri and a class of femlales, by providing compensation for past and future pecuniary losses, resulting from the unlawful employment practices described above including, but not limited to, medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Jessica McGuire, Jennifer Ulibarri and a class 'of felTlales, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including damages for emotional distress, in amounts to be determined at trial.
F. Order Defendant to pay Jessica McGuire, Jennifer Ulibarri and a class of females, punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
DATED this ~'tt;y of SO,()~1998.
Respectfully submitted, C.GREGORYSTEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D. C. 20507
Regional Attorney
MARY JO O'NEILL Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
VERONICA A. MOLINA Trial Attorney LORETTA MEDINA Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Albuquerque District Office 505 Marquette, NW, Suite 900 Albuquerque, New Mexico 87102 Telephone: (505) 248-5231 Attorneys for Plaintiff
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MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:98-cv-01188-JAP-KBM

EEOC v. New Mexico Newspaper, et al Assigned to: District Judge James A. Parker Referred to: Magistrate Judge Karen B. Molzen Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 09/29/1998 Date Terminated: 07/22/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Gregory Stewart EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504

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V. Defendant New Mexico Newspapers,Inc.,

(602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard R. Trujillo EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Curtis R. Gurley Gurley Law Firm PO Box 1982 Farmington, NM 87499-1982 (505) 325-8813 Fax: 327-6034 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/1998 12/07/1998

#

Docket Text

1 COMPLAINT with jury demand (1 Summons(es) issued) (referred to Chief Magistrate William Deaton) (vv) (Entered: 09/30/1998)
2 UNOPPOSED MOTION by defendant to extend time until 12-14-98 in which to answer complaint (jrm) (Entered: 12/08/1998)

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12/10/1998 12/11/1998 01/04/1999 02/01/1999 02/01/1999 02/04/1999 02/09/1999 02/10/1999 02/10/1999 02/18/1999
02/24/1999 03/12/1999 03/30/1999 04/01/1999 04/19/1999 04/19/1999 04/28/1999

3 ORDER by Chief Magistrate William Deaton granting motion to extend time until 12-14-98 in which to answer complaint [2-1] (cc: all counsel) (jrm) (Entered: 12/11/1998)
4 ANSWER by defendant [1-1] (jrm) (Entered: 12/11/1998)
5 INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set on 2/9/99 at 10:30 am; provisional discovery plan & IPTR due 2/1/99 (cc: all counsel, electronically) (dmw) (Entered: 01/04/1999)
6 CERTIFICATE of service by plaintiff of initial disclosures to counsel on 01/29/99 (vv) (Entered: 02/02/1999)
7 PROVISIONAL DISCOVERY PLAN by parties (jrm) (Entered: 02/02/1999)
8 CERTIFICATE of service by defendant of initial disclosures to counsel on 02/03/99 (vv) (Entered: 02/05/1999)
9 CLERK'S MINUTES: before Chief Magistrate William Deaton Rule 16 scheduling conference HELD (jrm) (Entered: 02/09/1999)
10 ORDER by Chief Magistrate William Deaton re: initial scheduling conference held 2-9-99 Discovery cutoff 9-7-99 (cc: all counsel, electronically) (jrm) (Entered: 02/10/1999)
11 ORDER by Chief Magistrate William Deaton setting a settlement conferene for 9-13-99 at 2:00 pm in Albuquerque (cc: all counsel, eletronically) (jrm) (Entered: 02/10/1999)
12 INITIAL PRE-TRIAL REPORT Judge James A. Parker and Chief Magistrate William Deaton ; Discovery set for 9/7/99 ;mtn filing ddl set for 11/4/99 ; proposed pretrial order due 11/19/99 ; pretrial conference set for 8:30 am on 11/17/99 ; jury trial set for 8:30 am on 1/10/2000 ; Estimated # of Trial Days: 6-10; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 02/18/1999)
13 CERTIFICATE of Service by deft of the supplemental initial disclosures to counsel on 2/12/99 (kd) (Entered: 02/24/1999)
14 CERTIFICATE of service by plaintiff of supplemental initial disclosures to counsel on 03/11/99 (vv) (Entered: 03/15/1999)
15 RETURN OF SERVICE of s/c executed upon defendant New Mexico Newspaper on 11/12/98 (bap) (Entered: 03/31/1999)
16 CERTIFICATE of service by plaintiff of first set of non-uniform interrogatories and request for production of documents to counsel on 3/31/99 (vv) (Entered: 04/01/1999)
17 CERTIFICATE of service by plaintiff of third supplemental initial disclosures to counsel on 4/16/99 (vv) (Entered: 04/20/1999)
18 CERTIFICATE of service by plaintiff of second supplemental initial disclosures to counsel on 4/16/99 (vv) (Entered: 04/20/1999)
19 CERTIFICATE of service of 4th supplemental initial disclosures by plaintiff to counsel on 4-27-99 (jrm) (Entered: 04/28/1999)

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05/10/1999 05/25/1999 06/02/1999 06/07/1999 06/15/1999 07/13/1999 07/22/1999

20 ORDER by Chief Magistrate William Deaton that the time for disclosing pltf's experts and for serving their reports is extended until 7-9-99 and deft's time extended until 8-9-99 [10-1] (cc: all counsel) (jrm) (Entered: 05/10/1999)
21 ORDER by Chief Magistrate William Deaton vacating the 9-13-99 settlement conference (cc: all counsel, electronically) (jrm) (Entered: 05/25/1999)
22 ORDER by Chief Magistrate William Deaton terminating case referral to Chief Magistrate William Deaton , Case to Magistrate Judge Karen B. Molzen (cc: all counsel) (pg) (Entered: 06/02/1999)
23 CERTIFICATE of Service by defendant of answers to first set of non-uniform interrogatories and responses to first request for production of documents, hand-delivered to opposing counsel on 02/01/99 (bap) (Entered: 06/08/1999)
24 CERTIFICATE of service by plaintiff of fifth supplemental initial disclosure to counsel on 6/14/99 (vv) (Entered: 06/16/1999)
25 ORDER by Magistrate Judge Karen B. Molzen that upon ntc that this matter is settled, closing documents are due by 7-30-99 (cc: all counsel, electronically) (jrm) (Entered: 07/14/1999)
26 CONSENT DECREE by Judge James A. Parker as described herein dismissing case (cc: all counsel) (jrm) (Entered: 07/22/1999)

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