Case 2:06-cv-00681-JCM-LRL Document 1-1 Filed 06/06/2006 Page 1 of 5

1 ANNA Y. PARK
PETER F. LAURA
2 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
3 255 East Temple Street, 4th Floor
Los Angeles, CA 90012
4 Telephone: (213) 894-1082
Facsimile: (213) 894-1301
5
Attorneys for Plaintiff
6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10 U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

11

)

)

12

Plaintiff,

)

)

13

v.

)

)

14

)

CONSOLIDATED REALTY, INC. )

15

)

)

16

Defendant.

)

)

17

CASE NO.:
COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.)
JURY TRIAL DEMAND

18

NATURE OF THE ACTION

19

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

20 Title I of the Civil Rights Act of 1991 to correct intentional and unlawful employment

21 practices that discriminate on the basis of gender, and to make whole Tasha Finley who

22 was employed by Defendant Consolidated Realty, Inc. ( “Consolidated Realty” or

23 “Defendant”), as a Tour Coordinator, who was adversely affected by such practices.

24

As described in greater particularity below, the Plaintiff U.S. Equal Employment

25 Opportunity Commission (“Commission” or “EEOC”) alleges that Consolidated Realty

26 discriminated against Tasha Finley by terminating her because of her gender, female.

27

The Commission further alleges that Consolidated Realty failed to maintain and

28 preserve employment records as required by federal law.

Case 2:06-cv-00681-JCM-LRL Document 1-1 Filed 06/06/2006 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. Section 451,

3 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

4 706(f)(1) and (3) of Title VII, 42 U.S.C. Sections 2000e-5(f)(1) and (3), and Title I of

5 the Civil Rights Act of 1991, 42 U.S.C. Section 1981a.

6

2. The unlawful employment practices alleged herein were committed within

7 the jurisdiction of the United States District Court for the District of Nevada.

8

PARTIES

9

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

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

11 to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. Sections 2000e-

12 5(f)(1) and (3) and 2000e-6(e).

13

4. At all relevant times, Consolidated Realty has continuously been doing

14 business in the District of Nevada, and continuously had fifteen or more employees.

15

5. At all relevant times, Consolidated Realty continuously was an employer

16 engaged in an industry affecting commerce within the meaning of Section 701(b), (g)

17 and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).

18

CONDITIONS PRECEDENT

19

6. More than thirty (30) days prior to the institution of this lawsuit, Tasha

20 Finley filed a charge with the Commission alleging that Consolidated Realty violated

21 Title VII.

22

7. Prior to institution of this lawsuit, all conditions precedent were satisfied.

23 The Commission’s representatives attempted to eliminate the unlawful employment

24 practices hereinafter alleged and to affect voluntary compliance with the Act through

25 informal methods of conciliation, conference and persuasion within the meaning of

26 Section 706(b) of Title VII, 42 U.S.C. Sections 2000e-5(b).

27

STATEMENT OF CLAIMS

28

8. Since at least May 4, 2003, Consolidated Realty has engaged in unlawful

2

Case 2:06-cv-00681-JCM-LRL Document 1-1 Filed 06/06/2006 Page 3 of 5

1 employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Sections

2 2000e-3. These violations include terminating Tasha Finley because of her gender,

3 female.

4

9. Since at least August, 2003, Consolidated Realty has violated 29 C.F.R. §

5 1602.14, by failing to make and preserve employment records required by the

6 Commission necessary to the Commission’s administration of Title VII. More

7 specifically, Peppermill failed to maintain and preserve relevant job applications or

8 resumes after the filing of Ms. Finley’s charge in violation of 29 C.F.R. § 1602.14.

9

10. The effect of the practices complained of above has been to deprive Tasha

10 Finley of equal employment opportunities and to otherwise adversely affect her

11 employment status because of her gender, female.

12

11. As a direct and proximate result of the aforesaid acts of Consolidated

13 Realty, Tasha Finley has suffered emotional pain, suffering, inconvenience, loss of

14 enjoyment of life, humiliation and/or related damages in an amount according to proof.

15

12. As a direct and proximate result of the aforesaid acts of Consolidated

16 Realty, Tasha Finley has suffered a loss of earnings in an amount according to proof.

17

13. The unlawful employment practices complained of above were and are

18 intentional within the meaning of the 1991 Civil Rights Act.

19

14. Consolidated Realty has acted with malice or reckless indifference to

20 federally protected rights of Tasha Finley.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this Court:

23

A. Grant a permanent injunction enjoining Consolidated Realty, their

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

25 from engaging in any employment practices which discriminate on the basis of gender

26 or retaliate against employees or applicants for employment for opposing discrimination

27 or engaging in activity protected under Title VII.

28

B. Order Consolidated Realty to institute and carry out policies, practices and

3

Case 2:06-cv-00681-JCM-LRL Document 1-1 Filed 06/06/2006 Page 4 of 5

1 programs which provide equal employment opportunities for women, and which

2 eradicate the effects of past and present unlawful employment practices.

3

C. Order Consolidated Realty to maintain and preserve relevant job

4 applications or resumes after the filing of any Charge of discrimination against

5 Consolidated Realty with the Commission or with the Nevada Equal Rights Commission

6

D. Order Consolidated Realty to make Tasha Finley whole, by providing

7 appropriate payment for backpay, frontpay, lost benefits, and prejudgment interest in

8 amounts to be determined at trial, and other affirmative relief necessary, including

9 rightful place hiring, to eradicate the effects of their unlawful employment practices.

10

E. Order Consolidated Realty to make whole Tasha Finley, by providing

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

12 employment practices described in paragraph 8 above, including emotional pain,

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

14 determined at trial.

15

F. Order Defendants to pay punitive damages for their malicious and reckless

16 conduct described in paragraph 8 above, in amounts to be determined at trial.

17

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

18 public interest.

19

H. Award the Commission its costs in this action.

20 ///

21 ///

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24 ///

25 ///

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28 ///

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Case 2:06-cv-00681-JCM-LRL Document 1-1 Filed 06/06/2006 Page 5 of 5

1

JURY TRIAL DEMAND

2

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

3 Dated: May 16, 2006.

Respectfully Submitted,

4

JAMES LEE

5

Deputy General Counsel

6

GWENDOLYN YOUNG REAMS

Associate General Counsel

7

U.S. EQUAL EMPLOYMENT

8

OPPORTUNITY COMMISSION

1801 “L” Street, N.W.

9

Washington, D.C. 20507

10

BY: /s/ Anna Y. Park

11

ANNA Y. PARK

Regional Attorney

12

13

U.S. EQUAL EMPLOYMENT

14

OPPORTUNITY COMMISSION

255 East Temple Street, 4th Floor

15

Los Angeles, CA 90012

16

Attorneys for Plaintiff

17

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27

28

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 Case 2:06-cv-00681-JCM-LRL Document 33 Filed 05/15/2007 Page 1 of 2

1

2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4

* * *

5 U.S. EMPLOYMENT OPPORTUNITY 6 COMMISSION,

7

Plaintiff,

8 v.

9 CONSOLIDATED REALTY, INC.,

10

Defendant.

2:06-cv-00681-JCM-LRL ORDER

11

12

Before the court is plaintiff EEOC’s Motion to Compel Production of Documents (#22),

13 defendant’s Opposition and Counter-Motion for Protective Order (#23), the EEOC’s Reply to Motion

14 to Compel and Opposition to Counter-Motion (#25), and defendant’s Reply in Support of Counter15 Motion (#25). The EEOC wishes to compel the production of Stacey Rubalbava’s1 personnel file. Ms.

16 Rubalbava was the supervisor and the person who dismissed the charging party, Tasha Finley. As a

17 condition of disclosing Ms. Rubalbava’s personnel file, defendant asked the EEOC to enter into a

18 Stipulation and Protective Order Regarding Confidentiality of Third Party Personnel Files. (See

19 Proposed Protective Order, Mot. (#22) Ex. B.) The EEOC refused because it is the policy of the EEOC

20 not to enter into protective orders that “limit the disclosure of information.”

21

The court has considered the motion, counter-motion, oppositions and replies. For good cause

22 shown,

23

IT IS ORDERED that the EEOC’s Motion to Compel Production of Documents (#22) is granted

24 to the extent that defendant shall, not later than May 18, 2007, produce a complete copy of Stacey

25
1Plaintiff uses the name Stacey Rubalbava and defendant uses the name Stacy Rulbalcava. The court must
26 assume the parties are referring to the same person, and all orders are to be interpreted based on this assumption.

Case 2:06-cv-00681-JCM-LRL Document 33 Filed 05/15/2007 Page 2 of 2

1 Rubalbava’s personnel file.

2

IT IS FURTHER ORDERED that defendant’s Counter-Motion for Protective Order and Request

3 for Expenses (#23) is granted to the extent that defendant’s production of Stacey Rubalbava’s personnel

4 file shall be subject to the proposed protective order drafted by defendant and attached to plaintiff’s

5 motion (#22) as Exhibit B. Defendant shall forthwith submit a fresh copy of Exhibit B in the form of

6 an order for the court’s signature.

7

FINALLY, IT IS ORDERED that the request for sanctions is denied.

8

DATED this 11th day of May, 2007.

9

10

LAWRENCE R. LEAVITT

11

UNITED STATES MAGISTRATE JUDGE

12

13

14

15

16

17

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20

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 Case 2:06-cv-00681-JCM-LRL Document 20 Filed 02/16/2007 Page 1 of 1

1

2

3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

* * *

6

U.S. EQUAL EMPLOYMENT

)

7 OPPORTUNITY COMMISSION,

)

)

8

Plaintiff,

)

9 v.

) 2:06 -cv-00681-JCM-LRL )

10 CONSOLIDATED REALTY, INC.,

) ORDER )

11

)

Defendant.

)

12

)

13

Before the court is plaintiff’s Motion to Quash Subpoenas from Defendant (#14). The court has

14 considered the motion, defendant’s Opposition (#15), and plaintiff’s Reply (#18). The court finds that

15 the subpoenas call for information that is relevant within the meaning of Fed.R.Civ.P. 26(b)(1), and that

16 because no privilege is asserted on behalf of Tasha Finley, plaintiff’s standing to object to the subpoenas

17 is questionable. Accordingly, and for good cause shown,

18

IT IS ORDERED that plaintiff’s Motion to Quash Subpoenas from Defendant (#14) is denied.

19

DATED this 16th day of February, 2007.

20

21

LAWRENCE R. LEAVITT

22

UNITED STATES MAGISTRATE JUDGE

23

24

25

26

 
 Case 2:06-cv-00681-JCM-LRL Document 36 Filed 05/17/2007 Page 1 of 5

1

2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4

* * *

5 U.S. EMPLOYMENT OPPORTUNITY 6 COMMISSION,

7

Plaintiff,

8 v.

9 CONSOLIDATED REALTY, INC.,

10

Defendant.

2:06-cv-00681-JCM-LRL ORDER

11

12

This matter is before the court on defendants’s Emergency Motion to Compel Responses to

13 Discovery (#26). Also filed in this matter are plaintiff’s Opposition (#29) and defendant’s Reply (#31).

14 Defendant requests the court to compel the EEOC to respond to certain interrogatories and requests for

15 production. Defendant filed its Motion on an emergency basis because it maintains that it is necessary 16 to receive the requested discovery prior to the deposition of Tasha Finley.1

17

The court has broad discretion in controlling discovery. Little v. City of Seattle, 863 F.2d 681,

18 685 (9th Cir. 1988). Relevance within the meaning of Federal Rules of Civil Procedure 26(b)(1) is

19 considerably broader than relevance for trial purposes. For discovery purposes, relevance means only

20 that the materials sought are reasonably calculated to lead to the discovery of admissible evidence. See

21 Oppenhemier Fund v. Sanders, 437 U.S. 340, 351 (1978) (citation omitted); Fed. R. Civ. P. 26(b)(1).

22 However, a court may limit discovery if it determines, among other things, that the discovery is

23 unreasonably cumulative or duplicative, obtainable from another source that is more convenient, less

24
1 Tasha Finley’s deposition was scheduled to take place on April 19, 2007. The court did not stay the
25 deposition and is unaware of whether it went forward. If the deposition did go forward, defendant is authorized to
reconvene the deposition for the limited purpose of questioning Ms. Finley regarding the discovery compelled by this
26 Order.

Case 2:06-cv-00681-JCM-LRL Document 36 Filed 05/17/2007 Page 2 of 5

1 burdensome, or less expensive, or the burden or expense of the proposed discovery outweighs its likely

2 benefit. Fed. R. Civ. P. 26(b)(2).

3 I. Tasha Finley’s Medical Information: Interrogatory No. 23 and Request for Production No. 7.

4

Defendant argues that given the broad scope of discovery allowed under the Fed. R. Civ. P., Ms.

5 Finley’s medical records are relevant and discoverable. It maintains that even though the EEOC has

6 not maintained a separate cause of action for negligent or intentional infliction of emotional distress,

7 defendant is entitled to show that other factors contributed to Ms. Finley’s alleged condition. Thus, it

8 argues, the identity of the health care providers by whom Ms. Finley was seen prior to her separation

9 of employment with defendant, and her medical records from those providers, are relevant.

10

The EEOC maintains that because Ms. Finley is claiming only “garden variety” emotional

11 distress her medical information is irrelevant and privileged. Further, the EEOC argues, defendant has

12 a heightened burden to show that Ms. Finley’s medical condition is at the core of this lawsuit before

13 her medical records are discoverable. (Pl.’s Opp’n (#29) 4 (citing Burrell v. Crown Petroleum, Inc.,

14 177 F.R.D. 376, 384 (E.D. Tex. 1997)).) The EEOC states that it will not present any medical records

15 or medical testimony at trial, therefore defendant has not met its burden of showing that Ms. Finley’s

16 medical information is the basis of the case. Finally, the EEOC contends that Ms. Finley’s medical

17 records implicate privacy considerations.

18

The Complaint alleges that Ms. Finley suffered emotional distress as a result of defendant’s

19 wrongful acts and seeks compensatory damages for her emotional distress. (Complaint (#1 ) ¶¶ 11, E.)

20 The Complaint does not allege any independent claims for emotional distress. Because the EEOC has

21 put Ms. Finley’s mental health at issue, however, her health providers, dates of treatment, and the nature

22 of the treatment are relevant to claims for emotion distress damages. See Merrill v. Waffle House, Inc.,

23 277 F.R.D. 467, 471 (N.D. Tex. 2005) (“Courts considering the issue have generally found that the

24 identities of health providers, the dates of treatment and the nature of the treatment are relevant to

25 claims for emotional distress damages.” (citing Owens v. Sprint/United Management Co., 221 F.R.D.

26 657, 659–660 (D. Kan. 2004); Jackson v. Chubb Corp., 193 F.R.D. 216, 219 (D.N.J. 2000); Vinson v.

2

Case 2:06-cv-00681-JCM-LRL Document 36 Filed 05/17/2007 Page 3 of 5

1 Humana, Inc., 190 F.R.D. 624, 627 (M.D. Fla. 1999); Santelli v. Electro-Motive, 188 F.R.D. 306, 310

2 (N.D. Ill. 1999); Fox v. The Gates Corp., 179 F.R.D. 303, 305 (D. Colo. 1998); LeFave v. Symbios, Inc.,

3 2000 U.S. Dist. LEXIS 22278, 2000 WL 1644154, at *2 (D. Colo. Apr. 14, 2000))).

4

This doesn’t mean, however, that defendant is entitled to information regarding every medical

5 treatment Ms. Finley ever received. Rather, discovery may be had of only those treatments that relate

6 to Ms. Finley’s emotional or mental condition and that may reveal other conditions or stressors that

7 caused the mental or emotional distress or illness allegedly resulting from defendant’s wrongful

8 conduct. The court declines to compel Ms. Finley to sign a release of the medical records in her custody

9 and control until further discovery shows whether they are relevant. See Fed. R. Civ. P. 34; see also

10 Clark V. Vega Wholesale, 181 F.R.D. 470, 472 (D. Nev. 1998) (“Rule 34 requires that the party upon

11 whom the request is served must be in possession, custody, or control of the requested item.”).

12

The parties shall confer regarding a confidentiality stipulation, and the EEOC will provide the

13 identities of Ms. Finley’s healthcare providers, dates of treatment, and the nature of the treatment with

14 enough specificity to determine whether further discovery is warranted. Defendant has not shown good

15 cause as to why the production of such information should encompass the ten-year period preceding Ms.

16 Finley’s lay off. The ten year time period is too broad temporally. Hence, the court will shorten the

17 relevant time period to five years prior to May 2003, through the present.

18

The EEOC’s objections on the basis of undue burden and expense, attorney-client privilege,

19 attorney-work product, and deliberative process privilege are not well taken, and the EEOC appears to

20 have abandoned them.

21 II. Tasha Finley’s Financial Information: Interrogatory No. 18 and Request for Production

No. 17.

22

The EEOC has abandoned its objections and states only that Ms. Finley is in the process of

23 obtaining her W-2 forms for the relevant years. The court will compel the production of all W-2 forms

24 for the years 2001 through 2006, to the extent they have not already been produced.

25 . . .

26 III. Conciliation Efforts: Interrogatory No. 5 and Request for Production No. 4.

3

Case 2:06-cv-00681-JCM-LRL Document 36 Filed 05/17/2007 Page 4 of 5

1

Defendant argues that the court should apply the Fifth and Eleventh Circuit’s legal standard to

2 determine whether the adequacy of the EEOC’s conciliation process is subject to review, and thus

3 relevant for discovery purposes. (Def’s Mot. (#26) 14 (citing EEOC v. Asplundh Tree Expert Co., 340

4 F.3d 1256, 1259 (11th Cir. 2003) (adopting the Fifth Circuit’s standard for satisfying the statutory

5 requirement of conciliation)).) Such an approach requires the EEOC to “(1) outline to the employer the

6 reasonable cause for its belief that Title VII has been violated; (2) offer an opportunity for voluntary

7 compliance; and (3) respond in a reasonable and flexible manner to the reasonable attitudes of the

8 employer.” Asplundh Tree Expert Co., 340 F.3d at 1259 (citing EEOC v. Klingler Elec. Corp., 636 F.2d

9 104, 107 (5th Cir. 1981)). Defendants have asserted, as an affirmative defense, that the EEOC failed

10 to adequately conciliate. Thus, it requests the court to compel discovery to determine whether the

11 EEOC deviated from its established policies in prosecuting this matter.

12

Plaintiff argues that the “good faith conciliation requirement is properly limited to a good faith

13 effort to allow an out of court settlement, rather than a good faith effort to meet the defendant on its own

14 terms.” (Mot. (#29) 9 (citing United States v. California Dept. of Corr., 1990 WL 145599, at *7 (E.D.

15 Cal. 1990); EEOC v. KECO Indus., Inc., 748 F.2d 1097, 1102 (6th Cir. 1984)).) This view, expressed

16 by the Sixth, Seventh, Eighth, and Tenth Circuits, instructs that the court should not consider the details

17 of the parties’ negotiations, but, rather, should focus on whether the EEOC provided the employer an

18 opportunity to confront all of the issues. See EEOC v. Zia Company, 582 F.2d 527, 533 (10th Cir.

19 1978); see also KECO Indus., Inc., 748 F.2d at 1102 (“The district court should only determine whether

20 the EEOC made an attempt at conciliation. The form and substance of those conciliations is within the

21 discretion of the EEOC as the agency created to administer and enforce our employment discrimination

22 laws and is beyond judicial review.”).

23

There is no binding Ninth Circuit authority on this issue, but this court has previously held that

24 the adequacy of the EEOC’s conciliation efforts should be held to a deferential standard of review. See

25 EEOC v. Gold River Operating Corp., 2007 U.S. Dist. LEXIS 24594, 2007 WL 983853, at *5 (D. Nev.

26 Mar. 30, 2007). Under this standard the court should not examine the substance of the parties’

4

Case 2:06-cv-00681-JCM-LRL Document 36 Filed 05/17/2007 Page 5 of 5

1 negotiations. Cf. EEOC v. Canadian Indemnity Co., 407 F. Supp. 1366, 1367 (C.D. Cal. 1976) (finding

2 that acceptance or rejection of the defendant’s counteroffer was within the Commission’s discretion).

3 Consequently, defendants are not entitled to any further discovery regarding conciliation because it is

4 not relevant. In any event, defendant should already have all documents regarding its part in the

5 conciliation process.

6

Accordingly, and for good cause shown,

7

IT IS ORDERED that Defendant’s Emergency Motion to Compel Responses to Discovery (#26)

8 is GRANTED in part as follows:

9

1. The EEOC shall answer Interrogatory No. 23 and shall provide the identities of Tasha Finley’s

10 healthcare providers, and dates and nature of treatment for the period May 1, 1998 to the present.

11

2. The EEOC shall produce Tasha Finley’s W-2 forms for the years 2001 through 2006, to the

12 extent it has not already done so.

13

3. The EEOC shall answer Interrogatory No. 18 to the extent Tasha Finley’s W-2 forms do not

14 provide the requested information.

15

4. The deposition of Tasha Finley may be reconvened for the limited purpose of questioning

16 Tasha Finley regarding the discovery compelled by this Order.

17

IT IS FURTHER ORDERED that in all other respects the motion (#26) is denied.

18

DATED this 16th day of May, 2007.

19

20

LAWRENCE R. LEAVITT

21

UNITED STATES MAGISTRATE JUDGE

22

23

24

25

26

5

 
 Case 2:06-cv-00681-JCM-LRL Document 60 Filed 03/07/2008 Page 1 of 4

1 PATRICK H. HICKS, ESQ., Bar # NV 4632

KARYN M. TAYLOR, ESQ., Bar # NV 6142 2 LITTLER MENDELSON, P.C.

3

3960 Howard Hughes Parkway, Suite 300 Las Vegas, NV 89169.5937

4

Telephone: Fax No.:

702.862.8800 702.862.8811

5 Attorneys for Defendant CONSOLIDATED REALTY, INC.

6

7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10 U.S. EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION,

12 13 vs.

Plaintiff,

14 CONSOLIDATED REALTY, INC.,
15 Defendant.
16

Case No. 2:06-cv-00681-JCM-LRL
OBJECTION TO PLAINTIFF’S PROPOSED ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT;
SUBMISSION OF CONSOLIDATED REALTY, INC.’S PROPOSED ORDER

17

Defendant Consolidated Realty, Inc. objects to the EEOC’s proposed Order on Motion for

18 Partial Summary Judgment submitted on March 4, 2008, because it does not comply with the Court’s

19 instruction at the hearing “to prepare an appropriate order just granting your [the EEOC’s] motion as

20 [to] the seventh affirmative defense, denying it as to the other two.” Transcript of February 26, 2008

21 Hearing at 11:20-24. Consolidated’s proposed Order is attached for the Court’s consideration.

22 Dated: March 6, 2008.

Respectfully submitted,

23
24
25
26
27
28
LIT T LE R ME NDE LSO N
AT T OR N E YS AT LAW 3960 Howa rd Hughe s Pa rkwa y
Suite 300 La s Ve ga s, NV 89169.5937
7 0 2 . 86 2 . 88 0 0

_______/s/____________________________ PATRICK HICKS, ESQ. KARYN M. TAYLOR, ESQ. LITTLER MENDELSON, P.C.
Attorneys for Defendant CONSOLIDATED REALTY, INC.

Case 2:06-cv-00681-JCM-LRL Document 60 Filed 03/07/2008 Page 2 of 4

1 PATRICK H. HICKS, ESQ., Bar # NV 4632

KARYN M. TAYLOR, ESQ., Bar # NV 6142 2 LITTLER MENDELSON, P.C.

3

3960 Howard Hughes Parkway, Suite 300 Las Vegas, NV 89169.5937

4

Telephone: Fax No.:

702.862.8800 702.862.8811

5 Attorneys for Defendant 6 CONSOLIDATED REALTY, INC.

7 UNITED STATES DISTRICT COURT
8 DISTRICT OF NEVADA
9

10 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11

12 vs.
13

Plaintiff,

14 CONSOLIDATED REALTY, INC.,

15

Defendant.

Case No. 2:06-cv-00681-JCM-LRL
[PROPOSED] ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

16

17

18

19

20

21

22

23

24

25

26

27

28
LIT T LE R ME NDE LSO N
AT T OR N E YS AT LAW 3960 Howa rd Hughe s Pa rkwa y
Suite 300 La s Ve ga s, NV 89169.5937
7 0 2 . 86 2 . 88 0 0

2.

Case 2:06-cv-00681-JCM-LRL Document 60 Filed 03/07/2008 Page 3 of 4

1

On February 26, 2008, the Court held a hearing on Plaintiff Equal Employment Opportunity

2 Commission’s (“EEOC”) Motion for Partial Summary Judgment (Court Doc. #49). The Court has

3 considered all relevant documents submitted on this issue, including Plaintiff EEOC’s moving papers,

4 Defendant Consolidated Realty’s Opposition to Plaintiff’s Motion for Partial Summary Judgment

5 (Court Doc. #50), and Plaintiff EEOC’s Reply to Defendant’s Opposition (Court Doc. #51).

6

IT IS SO ORDERED

7

Having considered the briefs submitted by the parties and having considered the argument made

8 by the parties at the hearing, the Court hereby GRANTS Plaintiff EEOC’s Motion for Partial Summary

9 Judgment as to the Seventh Affirmative Defense of Failure to Exhaust Administrative Remedies and

10 DENIES Plaintiff’s Motion as to the Third Affirmative Defense of Statute of Limitations and as to the

11 Eleventh Affirmative Defense of Conditions Precedent.

12 IT IS SO ORDERED this _7_t_h___ day of March, 2008. 13

14 15 UNITED STATES DISTRICT COURT JUDGE

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LIT T LE R ME NDE LSO N
AT T OR N E YS AT LAW 3960 Howa rd Hughe s Pa rkwa y
Suite 300 La s Ve ga s, NV 89169.5937
7 0 2 . 86 2 . 88 0 0

3.

Case 2:06-cv-00681-JCM-LRL Document 60 Filed 03/07/2008 Page 4 of 4

1

PROOF OF SERVICE

2

I am a resident of the State of Nevada, over the age of eighteen years, and not a party to the

3 within action. My business address is 3960 Howard Hughes Parkway, Suite 300, Las Vegas, NV

4 89169.5937. On March 6, 2008, the following document(s) were served on the party(ies) below:

5 OBJECTION TO PLAINTIFF’S PROPOSED ORDER ON PLAINTIFF’S MOTION FOR

6 PARTIAL SUMMARY JUDGMENT;

7

8

SUBMISSION OF CONSOLIDATED REALTY, INC.’S PROPOSED ORDER

9 10

X

By CM/ECF Filing – with the United States District Court of Nevada, a copy of the Court’s notification of e-filing is attached to the hard copy for either faxing, mailing, overnight delivery, and/or hand-delivery.

11

By United States Mail – a true copy of the document(s) listed above for collection and mailing

12

following the firm’s ordinary business practice in a sealed envelope with postage thereon fully prepaid for deposit in the United States mail at Las Vegas, Nevada addressed as set forth below.

13

By Facsimile Transmission – the transmission was reported as complete and without error. A copy

14

of the transmission report, properly issued by the transmitting machine, is attached to the hard copy. The names and facsimile numbers of the person(s) served are as set forth below.

15

By Overnight Delivery – by depositing a true copy of the same enclosed in a sealed envelope, with

16

delivery fees provided for, in an overnight delivery service pick up box or office designated for overnight delivery, and addressed as set forth below.

17

By Hand-Delivery – a copy of the document(s) listed above to the person(s) at the address(es) set

18

forth below.

19

Anna Y. Park, Esq. Peter F. Laura, Esq.

20

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor

21

Los Angeles, CA 90012

22

P: 213-894-1082 F: 213-894-1301

23

Attorneys for Plaintiff

24

25

I declare under penalty of perjury that the foregoing is true and correct. Executed on March

26 6, 2008, at Las Vegas, Nevada.

27
28
LIT T LE R ME NDE LSO N
AT T OR N E YS AT LAW 3960 Howa rd Hughe s Pa rkwa y
Suite 300 La s Ve ga s, NV 89169.5937
7 0 2 . 86 2 . 88 0 0

Firmwide:84503200.1 052326.1001

___________/s/___________________ MARINA GUERRERO
4.

 
 Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 1 of 14

1 Anna Y. Park, CA SEN 164242
Peter F. Laura, CA SEN 116426 2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
255 East Temple Street, 4th Floor 3 Los Angeles, CA 90012
Telephone: (213) 894-1079 4 Facsimile: (213) 894-1301
lado.legal@.eeoc. gov
5 Attorneys for Plaintiff
6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Patrick H. Hicks, SEN 4632 7 Karyn M. Taylor, SEN 6142
LITTLER MENDELSON 8 3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937 9 Telephone: (702) 862-8800
Facsimile: (702) 862-8811 10 Attorneys for Defendant 11 CONSOLIDATED RESORTS, INC. AND CONSOLIDATED REALTY, INC.

12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14 U.S. EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION, )

15

)

Plaintiff, ) 16

17 v.

)

DOCKET NOS. 2:6-CV-l 104 LDG-GWF and 2:06-cv00681-JCM-LRL
CONSENT DECREE

CONSOLIDATED RESORTS, INC ) 18 CONSOLIDATED REALTY, INC.,)

19

) Defendants. )

20

)

21
22
23
24
25
26
27
28
LITTLER MENDELSON A PROFESSIONAL CORPORATIOH
50 West Liberty Street Suile 400
Reno. NV 69501 1944 775.343.488B

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendants Consolidated Resorts, Inc, and Consolidated Realty, Inc. ("Consolidated"), hereby stipulate and agree to entry of this Consent Decree to resolve the EEOC's Complaint in Case No. CV S-061104-LDG-GWF, (the "Dawson Complaint") filed under Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5; Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a and to resolve the EEOC's Complaint in Case No. CV S-06-00681-JCMLRL, (the "Finley Complaint") filed under Section 706 of Title VII of the Civil Rights Act of
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 2 of 14

1 1964, as amended, 42 U.S.C. § 2000e-5; Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

2 198la (collectively known hereafter as "Actions"). The EEOC's Finley Complaint alleges that

3 Consolidated Realty discriminated against Tasha Finley by terminating her because of her sex, in

4 violation of Title VII. The EEOC's Dawson Complaint alleges that Consolidated Resorts

5 discriminated against Erin Dawson, who was sexually harassed during her employment with

6 Consolidated. Consolidated Resorts denies liability in both Actions.

7

The parties enter into this Decree to resolve the Actions and defendant Consolidated's entry

8 into and performance of the terms and conditions of this Decree is not an admission of liability,

9 any wrongful act, or any violation of law.

10 I. JURISDICTION

11

The Court has jurisdiction over the parties and the subject matter of this lawsuit, pursuant to

12 28 U.S.C. Sections 451, 1331, 1337, 1343, 1345, 1367 and 42 U.S.C. 2000e-5(f). The Court shall

13 retain jurisdiction of this action during the duration of the Decree for the purposes of entering all

14 orders, judgments and decrees which may be necessary to implement and/or enforce the relief

15 provided herein or to otherwise effectuate the purposes of the Decree.

16 II. PURPOSES AND SCOPE OF THE CONSENT DECREE

17

A. The parties to this Consent Decree ("Decree") are the EEOC and Consolidated

18 (collectively the "Parties"). This Decree shall be binding on and enforceable against Consolidated

19 and its officers, directors, agents, successors and assigns.

20

B. As a result of having engaged in comprehensive settlement negotiations the Parties

21 have agreed that this action should be finally resolved by entry of this Decree for the following

22 purposes:

23

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

24

2. To provide a final and binding settlement upon the Parties as to all claims

25 alleged in the Complaint;

26

3. To provide monetary and injunctive relief;

27

4. To ensure that Consolidated's employment policies and procedures comply

28
LITTLER MENDELSON A PROFESSIOHAL CORPORATION
50 West Liberty Street Suite 400
Rono. NV 89501.1944 775.348.4886

with Title VII;
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 3 of 14

1

5. To ensure training for Consolidated's managerial employees with respect to

2 their obligations under Title VII; and

3

6. To provide effective responses to harassment, retaliation and discrimination

4 complaints.

5 III. EFFECTIVE DATE AND DURATION OF DECREE

6

A. The provisions and agreements contained herein are effective immediately upon the

7 date on which this Decree is entered by the Court ("the Effective Date").

8

B. Except as otherwise provided herein, the Decree shall remain in effect for one (1)

9 year after the Effective Date.

10 IV. FINDINGS

11

Having examined the terms and provisions of this Decree and based on the pleadings,

12 record and stipulation of the Parties, the Court finds the following:

13

A. The Court has jurisdiction over the Parties and the subject matter of these actions.

14 The Complaints assert claims that, if proven, would authorize the Court to grant the relief set forth

15 in this Decree.

16

B. The terms and provisions of this Decree are adequate, fair, reasonable, equitable

17 and just. The rights of the Parties and the public interest for which the EEOC seeks redress are

18 protected adequately by this Decree.

19

C. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and

20 is not in derogation of the rights and privileges of any person. The entry of this Decree will further

21 the objectives of Title VII and will be in the best interest of the Parties.

22 V. RESOLUTION OF CLAIMS

23

A. The Parties agree that this Decree constitutes a complete resolution of EEOC Charge

24 Nos. 34B-2003-01506, 34BA500019, NERC Charge No. 1006-04-541L; and the Actions. The

25 Decree does not, however, resolve any charges of discrimination that may be pending with or

26 brought in the future before the EEOC other than the charges specifically referred to in this

27 paragraph.

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
Suite 400 Reno NV 89501 1944
775 34Q 4B68

B. Nothing in this Decree shall be construed to limit or reduce Consolidated's obligation
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 4 of 14

1 to comply fully with Title VII,or any other federal employment statute.

2

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

3 other charges that may be in existence or may later arise against Consolidated in accordance with

4 standard EEOC procedures.

5 VI. MONETARY RELIEF

6 Consolidated shall pay a total of $ 55,000.00 in settlement of all monetary claims for both Actions.

7 EEOC has the sole discretion to determine the allocation of the monies in both Actions. Upon entry

8 of this Decree, the EEOC shall provide in writing to Consolidated the specific monetary distribution

9 that is to be provided to the Charging Parties and their respective addresses to where the checks

10 should be delivered (the"Distribution List").

11

Monetary settlement is for emotional distress allegedly sustained by the Charging Parties as

12 a result of the conduct complained of in the Complaint. Accordingly, no withholdings shall be

13 made from any of the above payments. Defendant shall issue a check and 1099 form to the

14 Charging Parties no later than ten (10) days from the receipt of the Distribution List. Defendant

15 shall submit a copy of each check and related correspondence to the Regional Attorney, United

16 States Equal Employment Opportunity Commission, 255 East Temple Street, 4th Floor, Los

17 Angeles, CA 90012, within three (3) days of issuing the checks.

18

Defendant has not made any representations, warranties or guarantees regarding the taxable

19 or non-taxable character of the monies paid in accordance with this Agreement. The Charging

20 Parties shall be solely responsible for the employee's portion of taxes payable, if any,and

21 penalties arising out of payments made pursuant to this Decree, on their respective portion of

22 settlement proceeds reported in the 1099 tax reporting forms.

23

VII. INJUNCTIVE RELIEF

24

A. Non-Discrimination

25

Consolidated, its officers, agents, management, successors, assigns, and all those in active

26 concert or participation with any of them, hereby agree not to engage in discrimination in

27 recruitment, hiring, termination, or harassment based upon sex.

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
50 West Liberty Slieol Suite 400
Reno. NV B9501.1944 775 346 4668

B. Anti-Retaliation
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 5 of 14

1

Consolidated, its officers, agents, management, successors, assigns, and all those in active

2 concert or participation with them, or any of them, hereby agree not to retaliate against any current

3 or former employee of Consolidated for: (a) engaging in protected activity under Title VII; (b)

4 participating in any manner in any investigation (including any internal investigation undertaken by

5 Consolidated) or proceeding relating to any alleged Title VII violation; (c) being identified as a

6 possible witness or claimant pertaining to any alleged Title VII violation; (d) asserting any rights

7 under this Decree; or (e) receiving any relief under this Decree.

8

C. Equal Employment Opportunity Consultant

9

Consolidated shall retain an Equal Employment Opportunity Consultant ("Consultant"), to

10

implement and monitor its compliance with Title VII and the provisions of this Decree.

11

The parties have agreed to an experienced employment attorney and trainer, who shall serve

12

as the Consultant for this Decree.

13

The Consultant's responsibilities shall include:

14

1. Reviewing and/or modifying Consolidated's policies and procedures to ensure equal

15

employment opportunity is afforded to women in the recruitment and hiring processes;

16

2. Ensuring effective investigations of and monitoring of harassment, discrimination, and

17

retaliation complaints; and

18

2. Ensuring effective training for (a) managerial employees on Consolidated's policies and

19

procedures against discrimination and retaliation and (b) supervisors and management on

20

recognizing discrimination and retaliation and responding to such complaints thereof.

21

D. Policies Concerning Discrimination, Harassment and Retaliation

22

Consolidated, shall review its existing policies addressing discrimination, harassment and

23 retaliation, maintain those policies and, if necessary, shall revise them to comply with the

24 requirements set forth below. The finalized policy shall, at a minimum, include:

25

1. A strong and clear commitment to a workplace free from discrimination,

26 harassment and retaliation;

27

2. A clear and comprehensive description of prohibited discrimination,

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
SO Wesl Liberty Street Suite 400
Reno, HV 89501.1944 775.348.4B8B

harassment and retaliation;
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 6 of 14

1

3. A description of the possible consequences, that will be imposed upon

2 violation of the policy against discrimination, harassment and retaliation;

3

4. A statement encouraging employees to come forward if they believe that they

4 have been discriminated against or harassed;

5

5. An assurance that persons who in good faith complain about discrimination

6 or harassment they experienced or witnessed will not be subject to retaliation;

7

6. A clearly described complaint process that provides accessible avenues of

8 complaint;

9

7. Assurance that the employer will protect the confidentiality of discrimination

10 complaints to the extent possible;

11

8. A complaint process that provides a prompt, thorough, and impartial

12 investigation;

13

9. A system for tracking and providing follow-up on complaints and/or inquiries

14 regarding discrimination and harassment;

15

10. Assurance that Consolidated will take immediate and appropriate corrective

16 action if it determines that discrimination or harassment have occurred;

17

11. The contact information, including name, address, and telephone number of

18 persons both internal (i.e., Consolidated's human resources personnel or managers) and external

19 (i.e., EEOC) to whom employees may report complaints of discrimination or harassment at any

20 time without fear of reprisal. The contact information shall be visibly posted in an area accessible

21 to all employees and placed in the employee handbook; and

22

12. A statement that Consolidated's policies with respect to discrimination,

23 harassment and retaliation apply to all third-parties that interact with Consolidated's employees.

24

A copy of the reviewed/revised policy in compliance with the above requirements shall be

25 submitted to the EEOC and distributed to all Consolidated's employees within sixty days of the

26 Effective Date, along with a memorandum notifying employees that the company is re-affirming

27 its policy that discrimination is prohibited. Consolidated will re-affirm these policies in a

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
50 West liberty Slreel Suile 400
Reno. NV 89501.1944 775.348.4BBB

meeting within the term of this Decree.
Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 7 of 14

1

D. Recruiting and Hiring:

2

Consolidated shall endeavor to increase diversity, including the representation of women in

3

the workplace and will engage in recruitment activities in furtherance of that goal..

4

5

6

E. Training

7

1. Within sixty days of the Effective Date, Consolidated shall submit its

8 training materials on discrimination, harassment and retaliation to the EEOC.

9

2. Consolidated's managerial employees were required to attend a training on

10 their obligations and responsibilities under Consolidated's policies and procedures and EEO laws.

11 Consolidated has committed to the following training sessions:

12

February 11, 2008: Tahiti Village Sales Management

13

February 21, 2008: Bermuda Management February 27, 2008: Corporate Management

14

March 12, 2008: Tahiti Village Sales Management

March 14, 2008: Corporate Management

15

April 2, 2008:

Hawaii Management

April 3, 2008:

Hawaii Management

16

May 15 and 16, 2008: Media Management training

17

The training included how to recognize, prevent, and correct discrimination, harassment

18 and retaliation, and how to receive, investigate, and/or report to designated officials complaints of

19 discrimination, harassment or retaliation.

20

21

F. Neutral References

22

In the event that any prospective employers contact Consolidated inquiring into the

23 employment of the Charging Parties, Consolidated shall provide a neutral reference which includes

24 the following information: date of hire, position held, and date of departure. Consolidated shall

25 explain that its internal policy allows it to reveal only that information to prospective employers.

26

G. Posting

27

Within ten (10) business days after the Effective Date and throughout the term of this

28
LITTLER MENOELSON
50 West Libeily Slreel Smle 400
Reno. NV 69501 1944 775 348 4aaB

Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 8 of 14

1 Decree, Consolidated shall post a fall-sized copy of the Notice attached hereto as Appendix A, in a

2 clearly visible location frequented by employees (e.g., breakrooms, locker rooms, etc.) at its

3 facility located at 5625 W. Tropicana Ave., Las Vegas, NV 89103.

4

H. Record Keeping and Reporting

5

1. Record Keeping

6

Consolidated shall maintain its record keeping procedure that provides for the centralized

7 tracking of complaints of discrimination and the monitoring of such complaints to prevent

8 retaliation. The records that it will continue to maintain during the period of this Consent Decree

9 shall include:

10

a. Discrimination, harassment and retaliation policies;

11

b. Complaint procedure;

12

c. All documents generated in connection with any complaint,

13 investigation into, or resolution of every complaint of discrimination or retaliation for the duration

14 of the Decree and the identities of the parties involved, including, but not limited to, the

15 complainant, alleged perpetrator, investigator(s), witness(es), and decision-maker(s);

16

d. All materials used in trainings; and

17

e. Attendance lists for all trainings.

18

The EEOC shall provide at least thirty (30) days notice to Consolidated to review the

19 foregoing documents if deemed necessary.

20

2. Reporting

21

Consolidated shall provide the written reports to the EEOC as follows:

22

a. Within ninety days after the Effective Date, Consolidated shall

23 submit to the EEOC an initial report which contains:

24

i. A copy of the finalized policy against discrimination,

25 harassment and retaliation;

26

ii. A summary of the procedures and record keeping methods for

27 handling, tracking, and monitoring of complaints of discrimination and retaliation; and

28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 50 Wesl Liberty Slieol Suite 400 Reno, NV 39501.1944 775.348. 4888

Firmwide:86150834.1 052326.1002

iii. A statement confirming that all employees have received the

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 9 of 14

1 revised policy.

2

iv. A brief description of all sex discrimination and/or retaliation

3 complaints made since the submission of the immediately preceding report required by this

4 Consent Decree (or the Effective Date, if it is the first report). This description shall include the

5 nature of the sex discrimination or retaliation based upon a complaint of sex discrimination

6 alleged, , the dates of the alleged acts of sex discrimination or retaliation and a brief summary of

7 how each complaint was resolved (if applicable).

8

b. Consolidated shall maintain the underlying documents, including all

9 notes applications, recruitment, and any other documents utilized for the Reports.

10

c. For each internal complaint, the report shall (i) summarize the nature

11 of the complaint, (ii) list the date the complaint was received, (iii) list the date the complaint was

12 resolved, (iv) summarize Consolidated's findings, and (v) summarize any corrective action and/or

13 discipline taken in response to the complaint.

14

d. The report shall enable the tracking of multiple complaints by or

15 against a single employee.

16

e. In conjunction with the report, a Human Resources representative at

17 the Director level or higher shall audit each internal complaint investigation to ensure that such

18 complaints were handled in accordance with Consolidated's internal policy for handling complaints

19 of sex harassment, discrimination and retaliation, especially with respect to multiple complaints

20 received regarding the same individual. The report shall include information on the results of the

21 audit.

22

f.

Anna Y. Park and/or Peter F. Laura shall review the report on behalf

23 of the EEOC. If, after reviewing the report, they have concerns that Consolidated may have failed to

24 appropriately investigate or respond to an internal complaint, then they may request and review

25 particular documents related to such internal complaint. If Consolidated objects to all or part of any

26 such document request, then the parties shall utilize the dispute resolution process set forth in

27 Section VIXII.

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
50 Wesl Liberty Slioel Suite 400
Reno. NV B9S01 1944 775.348.4888

Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 10 of 14

1 VIII. MODIFICATION AND SEVERABILITY

2

A. This Decree constitutes the complete understanding of the Parties with respect to

3 the matters contained herein. No waiver, modification or amendment of any provision of this

4 Decree will be effective unless made in writing and signed by an authorized representative of

5 each of the Parties.

6

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

7 Parties shall make good faith efforts to agree upon appropriate amendments to this Decree in order

8 to effectuate the purposes of the Decree. In any event, the remaining provisions will remain in full

9 force and effect unless the purposes of the Decree cannot, despite the Parties' best efforts, be

10 achieved.

11

C. By mutual agreement of the Parties, this Decree may be amended or modified in the

12 interests of justice and fairness in order to effectuate the provisions of this Decree.

13

14 IX. COMPLIANCE AND DISPUTE RESOLUTION

15

A. The Parties expressly agree that if the EEOC has reason to believe that Consolidated

16 has failed to comply with any provision of this Consent Decree, the EEOC may petition this Court

17 to enforce the Decree. Prior to initiating such petition, the EEOC will notify Consolidated's legal

18 department and its legal counsel of record, in writing, of the nature of the dispute. This notice shall

19 specify the particular provision(s) that the EEOC believes has/have been breached. Consolidated

20 shall have thirty days to attempt to resolve or cure the breach.

21

B. The Parties agree to cooperate with each other and use their best efforts to resolve

22 any dispute referenced in the EEOC notice.

23

C. After forty-five days have passed with no resolution or agreement to extend the time

24 further, the EEOC may petition this Court for compliance with this Decree, seeking all available

25 relief, including, but not limited to, the imposition of attorneys' fees and costs, if otherwise

26 allowed by law,and an extension of the term of the Decree for such period of time as Consolidated

27 is shown to be in breach of the Decree.

28
LITTLER MENDELSON A PROFESSIONAL CORPORATION
50 West Libeily Slrsel Sutle 400
Reno. NV 89501 1944 775.348.48BB

Firmwide:86150834.1 052326.1002

A Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 11 of 14

1 X. 2

COSTS OF ADMINISTRATION AND IMPLEMENTATION OF CONSENT DECREE Consolidated shall bear all costs associated with their obligations under this Consent Decree.

3 XI. COSTS AND ATTORNEYS' FEES

4

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

5 XII. COUNTERPARTS AND FACSIMILE SIGNATURES

6

This Decree may be signed in counterparts. A facsimile signature shall have the same force

7 and effect of an original signature or copy thereof.

8

Respectfully Submitted,

9

EQUAL EMPLOYMENT

10

11

Date:

'ff\ -

°\ - 0 P> SI

f \ *••»

OPPORTUgW£pm[TSSf©N

r~^v ^N/ ^"^

BY: T-^

Y

12

' Anna 7~1%rk-

'V

— --

13

Attorneys for Plaintiff

EQUAL EMPLOYMENT

14

OPPORTUNITY COMMISSION

15

LITTLER MENDELSON, P.C.

16 17 Date: / fi< At(fkf
18
19
20

Bv: y Pat^ rick~ g/HM icks "^— U Karyn M. Taylor, Esq.
Attorneys for Defendant CONSOLIDATED REALTY, INC. and CONSOLIDATED RESORTS, INC.

21

22

23

24

25

26

27

28
ELSON
SO Wesl Liberty Sltieel Suite 400
Reno. NV 895011..11944 775.348.4BBB3

Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 12 of 14

1

2

[PROPOSED] ORDER

3
GOOD CAUSE APPEARING,
4
The Court finds the Consent Decree resolves both Actions and is fair. The Court shall retain
5
jurisdiction for the term of the Decree.
6

7

IT IS SO ORDERED.

8

9
Date: 10
11

Hon. Lloyd D. George United States District Judge

12
October 20, 2008
13 Date:
14

Hon. James Mahan United States District Judge

15
Firmwide:84584353.1 052326.1001
16 4/2/08 10:49 AM

17

18

19

20

21

22

23

24

25

26

27

28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 50 Wesl Liberty Streel Suite 400 Reno. NV 89501 1944 775 348 48B3

Firmwide:86150834.1 052326.1002

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 13 of 14
"EXHIBIT A"
"EXHIBIT A"

Case 2:06-cv-00681-JCM-LRL Document 68 Filed 10/20/08 Page 14 of 14
EXHIBIT "A" NOTICE TO ALL EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Consolidated Resorts, Inc., Case No. CV S-06-1104 LDG GWF; EEOC v. Consolidated Realty, Inc., Case No. CV S-06-00681 JCM LRL (District of Nevada), settling two lawsuits filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). In its first suit, the EEOC alleged that Consolidated subjected a female employee to sexual harassment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). In its second suit, the EEOC alleged that Consolidated terminated a female employee because her gender, in violation of Title VII.
To resolve this lawsuit the parties have entered into a Consent Decree which requires Consolidated to:
1) provide monetary relief to two Charging Parties; 2) refrain from permitting or engaging in sex discrimination in
the future; 3) hire an EEO consultant; 4) revise its policies; 5) provide periodic reports to the EEOC; and 6) provide annual training to its employees regarding employee
rights and responsibilities under Title VII.
The EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, pregnancy, and age. If you believe you have been discriminated against, you may contact the EEOC at:
EEOC/Las Vegas Local Office 333 Las Vegas Boulevard South, Suite 8112 Las Vegas, NV 89101 (702) 388-5099

 
 Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 1 of 6
CLOSED,ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:06−cv−00681−JCM−LRL

U.S. Equal Employment Opportunity Commission v. Consolidated Realty, Inc. Assigned to: Judge James C. Mahan Referred to: Magistrate Judge Lawrence R. Leavitt
Magistrate Judge George Foley, Jr (Settlement) Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 06/06/2006 Date Terminated: 10/20/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012− 213−894−1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter F. Laura United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012− (213) 894−1076 Fax: 213−894−1301 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Consolidated Realty, Inc.

represented by Deborah L. Westbrook Littler Mendelson 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169−5937 (702) 862−8800 Fax: (702) 862−8811 Email: dwestbrook@littler.com TERMINATED: 10/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karyn M Taylor NV Energy 6100 Neil Road Reno, NV 89511 7758345781 Fax: 7758344098 Email: ktaylor@nvenergy.com ATTORNEY TO BE NOTICED

Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 2 of 6

Date Filed 06/06/2006
06/06/2006 06/07/2006 06/08/2006 07/18/2006
09/08/2006
09/08/2006 09/26/2006 09/27/2006
09/28/2006 10/17/2006 10/20/2006
11/13/2006
11/13/2006 12/15/2006
12/29/2006

# Docket Text
1 COMPLAINT Employment Discrimination against Consolidated Realty, Inc., filed by U.S. Equal Employment Opportunity Commission. Certificate of Interested Parties due by 6/16/2006. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(Park, Anna) (Entered: 06/06/2006)
Case assigned to Judge James C. Mahan and Lawrence R. Leavitt. (GEW) (Entered: 06/06/2006)
2 PROPOSED SUMMONS to be issued, filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 06/07/2006)
3 SUMMONS Issued as to Consolidated Realty, Inc.. (GEW) (Entered: 06/08/2006)
4 WAIVER OF SERVICE Returned Executed by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. Consolidated Realty, Inc. waiver sent on 7/11/2006, answer due 9/9/2006. (Laura, Peter) (Entered: 07/18/2006)
5 ANSWER to 1 Complaint Defendant Consolidated Realty, Inc.'s Answer to Plaintiff US EEOC's Complaint by Defendant Consolidated Realty, Inc.. Certificate of Interested Parties due by 9/18/2006. Discovery Plan due by 10/23/2006.(Westbrook, Deborah) (Entered: 09/08/2006)
6 CERTIFICATE of Interested Parties Defendant's Certificate of Interested Parties by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 09/08/2006)
7 ORDER OF RECUSAL. This action is referred to Chief Judge Philip M. Pro for reassignment. Signed by Judge Robert J. Johnston on 9/26/2006. (MXS ) (Entered: 09/26/2006)
8 MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, Chief U.S. District Judge on 9/27/2006. By Deputy Clerk: V. Hayes. IT IS ORDERED that this case is reassigned to Magistrate Judge George W Foley, Jr. for the purpose of ENE. Magistrate Judge Robert J. Johnston no longer assigned to case. Case number remains the same. (no image attached) (VHM, ) (Entered: 09/27/2006)
9 ORDER Scheduling Early Neutral Evaluation Session: Early Neutral Evaluation set for 11/13/2006 09:00 AM before Magistrate Judge George W Foley Jr. Signed by Judge George W Foley Jr. on 9/28/06. (MJZ) (Entered: 09/28/2006)
10 STIPULATION Discovery Plan And Scheduling Order by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 10/17/2006)
11 ORDER ON STIPULATION re 10 Stipulation. SCHEDULING ORDER. Discovery due by 3/7/2007. Motions due by 4/6/2007. Proposed Joint Pretrial Order due by 5/7/2007. Signed by Judge Lawrence R. Leavitt on 10/19/06. (AXM) (Entered: 10/20/2006)
12 MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 11/13/2006 before Judge George W Foley Jr.. Judicial Assistant: Julia Hill; Pla Counsel: Peter Laura; Def Counsel: Patrick Hicks; Time of Hearing: 9:00 a.m. No settlement was reached. The court finds this case should be returned to the normal litigation track. (no image attached) (JXH) (Entered: 11/13/2006)
13 MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 11/13/2006. No settlement reached; case should be returned to the normal litigation track. (LMC) (Entered: 11/13/2006)
14 MOTION to Quash PLAINTIFF'S MOTION TO QUASH SUBPOENAS FROM DEFENDANT; DECLARATION OF PETER F. LAURA by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Index Index of Exhibits# 2 Exhibit Exhibits A − G)(Laura, Peter) (Entered: 12/15/2006)
15 RESPONSE to 14 MOTION to Quash PLAINTIFF'S MOTION TO QUASH SUBPOENAS FROM DEFENDANT; DECLARATION OF PETER F. LAURA; filed by Defendant Consolidated Realty, Inc.. (Attachments: # 1 Exhibit A−C# 2 Exhibit D−F# 3 Exhibit G−I)(Westbrook, Deborah) (Entered: 12/29/2006)

Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 3 of 6

01/08/2007 01/09/2007 01/12/2007 02/14/2007 02/16/2007 02/16/2007 02/23/2007 03/09/2007
03/21/2007 04/02/2007 04/05/2007 04/06/2007 04/06/2007 04/11/2007 04/11/2007
04/16/2007

16 STATUS REPORT DEFENDANT'S INTERIM STATUS REPORT by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 01/08/2007)
17 STATUS REPORT JOINT INTERIM STATUS REPORT by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 01/09/2007)
18 REPLY to Response to 14 MOTION to Quash PLAINTIFF'S MOTION TO QUASH SUBPOENAS FROM DEFENDANT; DECLARATION OF PETER F. LAURA; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Index Index of Exhibits# 2 Exhibit Exhibit A)(Laura, Peter) (Entered: 01/12/2007)
19 STIPULATION STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 02/14/2007)
20 ORDER denying 14 Motion to Quash Subpoenas from Defendant. Signed by Judge Lawrence R. Leavitt on 2/16/07. (MAJ) (Entered: 02/21/2007)
21 SCHEDULING ORDER. Interim Status Report due by 4/6/07. Discovery due by 6/5/2007. Motions due by 9/26/2007. Proposed Joint Pretrial Order due by 10/26/2007. Signed by Judge Lawrence R. Leavitt on 2/16/07. (MAJ) (Entered: 02/21/2007)
22 MOTION to Compel Production of Documents by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 3/13/2007. (Attachments: # 1 Index Index of Exhibits# 2 Exhibit Exhibits A and B)(Laura, Peter) (Entered: 02/23/2007)
23 RESPONSE to 22 MOTION to Compel Production of Documents; filed by Defendant Consolidated Realty, Inc.. defendant's opposition to plaintiff's motion to compel production of documents, counter−motion for protective order, and request for expenses Replies due by 3/23/2007. (Attachments: # 1 Declaration # 2 Exhibit)(Westbrook, Deborah). (Entered: 03/09/2007)
24 REPLY to Response to 22 MOTION to Compel Production of Documents; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 03/21/2007)
25 REPLY to Response to 22 MOTION to Compel Production of Documents; filed by Defendant Consolidated Realty, Inc.. DEFENDANT'S REPLY IN SUPPORT OF COUNTER−MOTION FOR PROTECTIVE ORDER (Westbrook, Deborah) (Entered: 04/02/2007)
26 MOTION to Compel Defendant's emergency motion to compel responses to discovery (Emergency hearing requested) by Defendant Consolidated Realty, Inc.. Responses due by 4/23/2007. (Attachments: # 1 Exhibit A−C# 2 Exhibit D−F# 3 Exhibit G & H# 4 Exhibit I−K)(Westbrook, Deborah) (Entered: 04/05/2007)
27 STATUS REPORT SECOND JOINT INTERIM STATUS REPORT by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 04/06/2007)
28 MINUTE ORDER IN CHAMBERS of the Honorable Lawrence R. Leavitt, U.S. Magistrate Judge on 4/6/2007. Responses due by 4/12/2007 to EMERGENCY Motion #26 to Compel. Replies due 4/16/07. (AXM) (Entered: 04/06/2007)
29 RESPONSE to 26 MOTION to Compel defendant's emergency motion to compel responses to discovery (Emergency hearing requested); filed by Plaintiff U.S. Equal Employment Opportunity Commission. plaintiff's opposition to defendant's emergency motion to compel Replies due by 4/25/2007. (Laura, Peter) (Entered: 04/11/2007)
30 DECLARATION in support of RESPONSE 29 to 26 MOTION to Compel defendant's emergency motion to compel responses to discovery (emergency hearing requested); filed by Plaintiff U.S. Equal Employment Opportunity Commission. declaration of Peter F. Laura in support of plaintiff EEOC's opposition to defendant's motion to compel (Attachments: # 1 Index of Exhibits to declaration of Peter F. Laura# 2 Exhibit Exhibits to declaration of Peter F. Laura in support of plaintiff EEOC's opposition to defendant's motion to compel)(Laura, Peter) Modified on 4/12/2007 to correct entry (GEW). (Entered: 04/11/2007)
31 REPLY to Response to 26 MOTION to Compel DEFENDANT'S EMERGENCY MOTION TO COMPEL RESPONSES TO DISCOVERY (EMERGENCY HEARING

Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 4 of 6

05/11/2007 05/15/2007
05/15/2007
05/15/2007 05/17/2007 05/18/2007 07/10/2007 07/17/2007 08/06/2007 09/05/2007 09/13/2007
10/18/2007 10/19/2007 11/09/2007
11/13/2007

REQUESTED); filed by Defendant Consolidated Realty, Inc.. DEFENDANT'S REPLY IN SUPPORT OF EMERGENCY MOTION TO COMPEL RESPONSES TO DISCOVERY (EMERGENCY HEARING REQUESTED) (Westbrook, Deborah) (Entered: 04/16/2007)
32 STIPULATION STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD (SECOND REQUEST) by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 05/11/2007)
33 ORDER Granting 22 Motion to Compel to the extent that defendant shall produce complete copy of personnel file by 5/18/07. Counter Motion 23 is granted to the extent that file shall be subject to protective order (#22 Exhibit B. Defendant shall submit copy for court to sign. Request for sanctions is denied. Signed by Judge Lawrence R. Leavitt on 5/11/07. (AXM) (Entered: 05/15/2007)
34 ORDER ON STIPULATION granting 32 Stipulation for new SCHEDULING ORDER. Discovery due by 10/3/2007. Motions due by 11/2/2007. Proposed Joint Pretrial Order due by 12/3/2007. Signed by Judge Lawrence R. Leavitt on 5/14/07. (AXM) (Entered: 05/15/2007)
35 MOTION for Protective Order PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF THIRD PARTY PERSONNEL FILES by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 05/15/2007)
36 ORDER Granting in part and Denying in part 26 Motion to Compel. Signed by Judge Lawrence R. Leavitt on 5/16/07. (AXM) (Entered: 05/17/2007)
37 PROTECTIVE ORDER from Motion 35 for protective order. Signed by Judge Lawrence R. Leavitt on 5/17/07. (AXM) (Entered: 05/18/2007)
38 STIPULATION and Order Re Confidentiality of Health Care Provider Information and Records by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 07/10/2007)
39 ORDER ON STIPULATION granting 38 Stipulation for Confidential Material. Signed by Judge Lawrence R. Leavitt on 7/12/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)
40 STATUS REPORT by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 08/06/2007)
41 STIPULATION STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD (THIRD REQUEST) by Defendant Consolidated Realty, Inc.. (Westbrook, Deborah) (Entered: 09/05/2007)
42 SCHEDULING ORDER: Discovery due by 11/17/2007. Motions due by 12/17/2007. Proposed Joint Pretrial Order due by 1/16/2008. Signed by Judge Lawrence R. Leavitt on 09/12/07. (Copies have been distributed pursuant to the NEF − SRK) (Entered: 09/14/2007)
43 NOTICE by Defendant Consolidated Realty, Inc. NOTICE OF WITHDRAWAL AS COUNSEL BY DEBORAH L. WESTBROOK (Westbrook, Deborah) (Entered: 10/18/2007)
44 ORDER granting 43 Notice of withdrawal of Deborah L. Westbrook filed by Consolidated Realty, Inc., Signed by Judge Lawrence R. Leavitt on 10/19/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 10/24/2007)
45 STIPULATION re 42 Scheduling Order ; Stipulation and Order to Extend Discovery Period [Fourth Request] by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 11/09/2007)
46 ORDER ON STIPULATION granting 45 Stipulation to extend SCHEDULING ORDER. Discovery due by 12/31/2007. Motions due by 1/31/2008. Proposed Joint Pretrial Order due by 3/1/2008. Signed by Judge Lawrence R. Leavitt on 11/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 11/15/2007)

Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 5 of 6

11/30/2007 12/04/2007 12/13/2007 12/31/2007 01/11/2008 02/01/2008 02/26/2008
03/04/2008 03/05/2008 03/05/2008 03/06/2008 03/06/2008 03/07/2008 03/07/2008

47 STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Laura, Peter) (Entered: 11/30/2007)
48 ORDER ON STIPULATION granting 47 Stipulation to extend SCHEDULING ORDER. Discovery due by 1/30/2008. Motions due by 12/17/2007. Proposed Joint Pretrial Order due by 1/16/2008. Signed by Judge Lawrence R. Leavitt on 12/4/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 12/07/2007)
49 MOTION for Partial Summary Judgment by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 12/31/2007. (Attachments: # 1 Declaration # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Laura, Peter) (Entered: 12/13/2007)
50 RESPONSE to 49 MOTION for Partial Summary Judgment ; filed by Defendant Consolidated Realty, Inc.. Replies due by 1/14/2008. (Attachments: # 1 Declaration of Karyn M. Taylor# 2 Exhibit A through Exhibit H# 3 Exhibit I through Exhibit K)(Taylor, Karyn) (Entered: 12/31/2007)
51 REPLY to Response to 49 MOTION for Partial Summary Judgment ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Peter F. Laura # 2 Supplement Objections to Evidence Submitted by Defendant's in Support of Its Opposition. (Laura, Peter) (Entered: 01/11/2008)
52 NOTICE of Hearing on 49 MOTION for Partial Summary Judgment : Motion Hearing set for 2/26/2008 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached)(SRB) (Entered: 02/01/2008)
53 MINUTES OF PROCEEDINGS − Motion Hearing held on 2/26/2008 before Judge James C. Mahan. Crtrm Administrator: David Oakes; Pla Counsel: Peter Laura; Def Counsel: Karyn Taylor; Court Reporter/FTR #: Joy Garner; Time of Hearing: 10:00 a.m.; Courtroom: 6A; granting in part as to the Seventh Affirmative Defense ( Failure to Exhaust Administrative Remedies) and denying in part as to the Third (Statute of Limitations )and Eleventh Affirmative Defenses 49 Motion for Partial Summary Judgment.; ( Submission of Proposed Order obo plaintiff is due by 3/4/2008.) (Copies have been distributed pursuant to the NEF − DXO) (Entered: 02/26/2008)
54 Submission of PROPOSED ORDER on 49 MOTION for Partial Summary Judgment ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 03/04/2008)
55 STIPULATION and Order to Extend Deadline to File Proposed Joint Pretrial Order [First Request] by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 03/05/2008)
56 TRANSCRIPT of Proceedings: 53 Motion Hearing held on 2/26/08 before Judge James C. Mahan. Court Reporter: Joy Garner. (no image attached) (EDS) (Entered: 03/05/2008)
57 OBJECTION to 54 Proposed Order Submission ; Submission of Consolidated Realty, Inc.'s Proposed Order filed by Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 03/06/2008)
58 MOTION Clarification re 53 Order on Motion for Partial Summary Judgment,,, Motion Hearing,, by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 3/24/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Laura, Peter) (Entered: 03/06/2008)
59 ORDER ON STIPULATION granting 55 Stipulation.( Proposed Joint Pretrial Order due by 5/12/2008.) Signed by Magistrate Judge Lawrence R. Leavitt on 3/7/08. (Copies have been distributed pursuant to the NEF − OXC) (Entered: 03/07/2008)
60 ORDER. IT IS SO ORDERED Having considered the briefs submitted by the parties and having considered the argument made by the parties at the hearing, the Court hereby GRANTS Plaintiff EEOCs Motion for Partial Summary Judgment as to the Seventh Affirmative Defense of Failure to Exhaust Administrative Remedies and DENIES Plaintiffs Motion as to the Third Affirmative Defense of Statute of Limitations and as to the Eleventh Affirmative Defense of Conditions Precedent.

Case: 2:06-cv-681 As of: 06/09/2017 12:39 PM PDT 6 of 6

03/12/2008
04/10/2008 04/24/2008 04/25/2008 07/16/2008 07/21/2008 10/07/2008 10/20/2008

Signed by Judge James C. Mahan on 3/7/08. (Copies have been distributed pursuant to the NEF − OXC) (Entered: 03/11/2008)
61 RESPONSE to 58 MOTION Clarification re 53 Order on Motion for Partial Summary Judgment,,, Motion Hearing,, MOTION Clarification re 53 Order on Motion for Partial Summary Judgment,,, Motion Hearing,,, filed by Defendant Consolidated Realty, Inc.. Consolidated Realty's Opposition to EEOC's Request for Clarification of the Court's Ruling on Plaintiff's Motion for Partial Summary Judgment Replies due by 3/26/2008. (Taylor, Karyn) (Entered: 03/12/2008)
62 ORDER Denying 58 Motion for clarification. Signed by Judge James C. Mahan on 4/10/08. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 04/10/2008)
63 STIPULATION re 55 Stipulation ; Stipulation and Order to Extend Deadline to File Proposed Joint Pretrial Order (Second Request) by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 04/24/2008)
64 ORDER ON STIPULATION granting 63 Stipulation to extend Proposed Joint Pretrial Order; due by 8/11/2008. Signed by Magistrate Judge Lawrence R. Leavitt on 4/25/08. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 04/28/2008)
65 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE PROPOSED JOINT PRETRIAL ORDER (THIRD REQUEST) by Defendant Consolidated Realty, Inc.. (Taylor, Karyn) (Entered: 07/16/2008)
66 ORDER ON STIPULATION Granting 65 Stipulation to Extend Deadline to File Proposed Joint Pretrial Order. ( Proposed Joint Pretrial Order due by 9/10/2008.) Signed by Magistrate Judge Lawrence R. Leavitt on 07/21/08. (Copies have been distributed pursuant to the NEF − SRK) (Entered: 07/22/2008)
67 STIPULATION of Dismissal [Proposed] Consent Decree by Defendant Consolidated Realty, Inc.. (Attachments: # 1 Exhibit A)(Taylor, Karyn) (Entered: 10/07/2008)
68 CONSENT DECREE: The Court finds the Consent Decree resolves both actions and is fair. The Court shall retain jurisidction for the term of the Decree. Signed by Judge James C. Mahan on 10/20/08. (Copies have been distributed pursuant to the NEF − SRK) (Entered: 10/21/2008)