Case 2:06-cv-01359-TSZ Document 1-1 Filed 09/21/2006 Page 1 of 5

1

2

3

4

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

8

9 EQUAL EMPLOYMENT OPPORTUNITY

10 COMMISSION

CIVIL ACTION NO.

11

Plaintiff,

12

v.

13

14 LA MEXICANA, INC., Defendant.
15

COMPLAINT JURY TRIAL DEMAND

16
NATURE OF THE ACTION
17

18
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the
19
Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex
20
and to provide appropriate relief to Laura Cigarroa (“Ms. Cigarroa”), who was adversely
21
22 affected by such practices. The Equal Employment Opportunity Commission alleges

23 that defendant subjected Ms. Cigarroa to discrimination when it subjected her to

24 harassment on the basis of her sex. Plaintiff seeks monetary relief, including pecuniary
25

COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 1-1 Filed 09/21/2006 Page 2 of 5

and nonpecuniary compensatory and punitive damages and injunctive relief, on behalf
1
2 of Ms. Cigarroa.

3

JURISDICTION AND VENUE

4

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

5 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections

6
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
7
sections 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of
8
1991, 42 U.S.C. §1981a.
9

10

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

11 the jurisdiction of the United States District Court for the Western District of Washington

12 at Seattle.

13

PARTIES

14
3. Plaintiff, the Equal Employment Opportunity Commission (the
15
"Commission"), is the agency of the United States of America charged with the
16

administration, interpretation and enforcement of Title VII, and is expressly authorized to
17

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

19

4. At all relevant times, defendant La Mexicana, Inc. (“La Mexicana”) has

20 been a corporation continuously doing business in the State of Washington and has
21
continuously had at least 15 employees.
22
5. At all relevant times, defendant La Mexicana has continuously been an
23
employer engaged in an industry affecting commerce within the meaning of Sections
24
25 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).

COMPLAINT- Page 2 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 1-1 Filed 09/21/2006 Page 3 of 5

STATEMENT OF CLAIMS
1

2

6. More than thirty days prior to the institution of this lawsuit, Ms. Cigarroa

3 filed a charge with the Commission alleging violations of Title VII by defendant La

4 Mexicana. All conditions precedent to the institution of this lawsuit have been fulfilled.

5

7. During Ms. Cigarroa’s employment with defendant, from at least

6
November 2003, La Mexicana engaged in unlawful employment practices at its factory
7
in Seattle, Washington in violation of §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a).
8
The unlawful employment practices include sexually harassing Ms. Cigarroa.
9

10

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

11 to deprive Ms. Cigarroa of equal employment opportunities and otherwise adversely

12 affected her status as an employee of La Mexicana because of her sex.

13

9. The unlawful employment practices complained of in paragraph 7 above

14
were intentional.
15
10. The unlawful employment practices complained of in paragraph 7 above
16

were done with malice or with reckless indifference to Ms. Cigarroa’s federally protected
17

18 rights.

19

PRAYER FOR RELIEF

20

Wherefore, the Commission respectfully requests that this Court:

21
A. Grant a permanent injunction enjoining defendant, its officers, successors,
22
agents, assigns, and all persons in active concert or participation with it, from engaging
23
in any employment practices which discriminate on the basis of sex.
24

25

COMPLAINT- Page 3 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 1-1 Filed 09/21/2006 Page 4 of 5

B. Order defendant to institute and carry out policies, practices, and
1
2 programs which provide equal employment opportunities for all employees, and which 3 eradicate the effects of its past and present unlawful employment practices.

4

C. Order defendant to make whole Ms. Cigarroa by providing appropriate

5 relief in amounts to be determined at trial, and other affirmative relief necessary to
6
eradicate the effects of its unlawful employment practices.
7
D. Order defendant to make whole Ms. Cigarroa by providing compensation
8
for future pecuniary losses resulting from the unlawful employment practices described
9
10 in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to

11 be determined at trial.

12

E. Order defendant to make whole Ms. Cigarroa by providing compensation

13 for past and future nonpecuniary losses resulting from the unlawful practices
14
complained of in paragraph 7 above, including without limitation emotional pain,
15
suffering, and loss of enjoyment of life, in amounts to be determined at trial.
16
F. Order defendant to pay Ms. Cigarroa punitive damages for its malicious
17

18 and reckless conduct described in paragraph 7 above, in amounts to be determined at

19 trial.

20

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

21
public interest.
22
H. Award the Commission its costs of this action.
23

24

25

COMPLAINT- Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 1-1 Filed 09/21/2006 Page 5 of 5

JURY TRIAL DEMAND
1

2

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

3 complaint.

4

DATED this 21st day of September, 2006.

5

6 WILLIAM R. TAMAYO Regional Attorney
7 San Francisco District Office 350 The Embarcadero, Suite 500
8 San Francisco, CA 94105-1260
9
KATHRYN OLSON 10 Supervisory Trial Attorney

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN Y. REAMS Associate General Counsel

11 CARMEN FLORES 12 Senior Trial Attorney

13 BY: /s/ William R. Tamayo _________ EQUAL EMPLOYMENT OPPORTUNITY
14 COMMISSION Seattle District Office
15 909 First Avenue, Suite 400 16 Seattle, Washington 98104
Telephone (206) 220-6920

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

17
Attorneys for Plaintiff
18

19

20

21

22

23

24

25

COMPLAINT- Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 Case 2:06-cv-01359-TSZ Document 7-1 Filed 11/02/2006 Page 1 of 5

1

2

3

4

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

8

9 EQUAL EMPLOYMENT OPPORTUNITY

10 COMMISSION,

CIVIL ACTION NO. CV6 1359Z

11

Plaintiff,

12

v.

13

14 LA MEXICANA, INC., Defendant.
15

AMENDED COMPLAINT JURY TRIAL DEMAND

16

NATURE OF THE ACTION

17
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the
18
19 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex
20 and to provide appropriate relief to Laura Cigarroa (“Ms. Cigarroa”), who was adversely

21 affected by such practices. The Equal Employment Opportunity Commission alleges
22 that defendant subjected Ms. Cigarroa to discrimination when it subjected her to
23
harassment on the basis of her sex. Plaintiff seeks monetary relief, including pecuniary
24

25

AMENDED COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 7-1 Filed 11/02/2006 Page 2 of 5

and nonpecuniary compensatory and punitive damages and injunctive relief, on behalf
1
2 of Ms. Cigarroa.

3

JURISDICTION AND VENUE

4

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

5 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections

6
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
7
sections 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of
8
1991, 42 U.S.C. §1981a.
9

10

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

11 the jurisdiction of the United States District Court for the Western District of Washington

12 at Seattle.

13

PARTIES

14
3. Plaintiff, the Equal Employment Opportunity Commission (the
15
"Commission"), is the agency of the United States of America charged with the
16

administration, interpretation and enforcement of Title VII, and is expressly authorized to
17

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

19

4. At all relevant times, defendant La Mexicana, Inc. (“La Mexicana”) has

20 been a corporation continuously doing business in the State of Washington and has
21
continuously had at least 15 employees.
22
5. At all relevant times, defendant La Mexicana has continuously been an
23
employer engaged in an industry affecting commerce within the meaning of Sections
24
25 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).

AMENDED COMPLAINT- Page 2 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 7-1 Filed 11/02/2006 Page 3 of 5

STATEMENT OF CLAIMS
1

2

6. More than thirty days prior to the institution of this lawsuit, Ms. Cigarroa

3 filed a charge with the Commission alleging violations of Title VII by defendant La

4 Mexicana. All conditions precedent to the institution of this lawsuit have been fulfilled.

5

7. La Mexicana engaged in unlawful employment practices, in that Ms.

6
Cigarroa was subjected to sexual harassment from at least November 2003, in violation
7
of §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a).
8
8. The effect of the practices complained of in paragraph 7 above has been
9

10 to deprive Ms. Cigarroa of equal employment opportunities and otherwise adversely

11 affected her status as an employee of La Mexicana because of her sex.

12

9. The unlawful employment practices complained of in paragraph 7 above

13 were intentional.
14
10. The unlawful employment practices complained of in paragraph 7 above
15
were done with malice or with reckless indifference to Ms. Cigarroa’s federally protected
16
rights.
17

18

PRAYER FOR RELIEF

19

Wherefore, the Commission respectfully requests that this Court:

20

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

21
agents, assigns, and all persons in active concert or participation with it, from engaging
22
in any employment practices which discriminate on the basis of sex.
23
/ / /
24

25 / / /

AMENDED COMPLAINT- Page 3 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 7-1 Filed 11/02/2006 Page 4 of 5

B. Order defendant to institute and carry out policies, practices, and
1
2 programs which provide equal employment opportunities for all employees, and which 3 eradicate the effects of its past and present unlawful employment practices.

4

C. Order defendant to make whole Ms. Cigarroa by providing appropriate

5 relief in amounts to be determined at trial, and other affirmative relief necessary to
6
eradicate the effects of its unlawful employment practices.
7
D. Order defendant to make whole Ms. Cigarroa by providing compensation
8
for future pecuniary losses resulting from the unlawful employment practices described
9
10 in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to

11 be determined at trial.

12

E. Order defendant to make whole Ms. Cigarroa by providing compensation

13 for past and future nonpecuniary losses resulting from the unlawful practices
14
complained of in paragraph 7 above, including without limitation emotional pain,
15
suffering, and loss of enjoyment of life, in amounts to be determined at trial.
16
F. Order defendant to pay Ms. Cigarroa punitive damages for its malicious
17

18 and reckless conduct described in paragraph 7 above, in amounts to be determined at

19 trial.

20

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

21
public interest.
22
H. Award the Commission its costs of this action.
23

24

25

AMENDED COMPLAINT- Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:06-cv-01359-TSZ Document 7-1 Filed 11/02/2006 Page 5 of 5

JURY TRIAL DEMAND
1

2

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

3 complaint.

4
DATED this 2nd day of November, 2006.
5

6 WILLIAM R. TAMAYO Regional Attorney
7 San Francisco District Office 350 The Embarcadero, Suite 500
8 San Francisco, CA 94105-1260
9
KATHRYN OLSON 10 Supervisory Trial Attorney

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN Y. REAMS Associate General Counsel

11 CARMEN FLORES 12 Senior Trial Attorney

13 BY: /s/ William R. Tamayo _________ EQUAL EMPLOYMENT OPPORTUNITY
14 COMMISSION Seattle District Office
15 909 First Avenue, Suite 400 16 Seattle, Washington 98104
Telephone (206) 220-6920

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

17
Attorneys for Plaintiff
18

19

20

21

22

23

24

25

AMENDED COMPLAINT- Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 Case 2:06-cv-O1359-TSZ Document 13 Filed 12/04/2006 Page 1 of 5

1

2

3

4

5

6

GEORGIA TREJO LOCHER, Attorney at Law

237 SW 153ra Street

7

Burien, Washington, 98166

8

Phone/Fax: (206) 246-6100 / (206) 246-6105 WSBA No. 21450

9

Attorney for Plaintiff in Intervention,

10

Laura Cigarroa

11

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

12

13 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

14

)

Plaintiff, 15

) )

VS.
16 LA MEXICANA, INC.,
17 Defendant.
18

) ) ) ) )

)

19

)

)

20 LAURA CIGARROA,

)

21

Plaintiff in Intervention,

) )

22

VS.

LA MEXICANA, INC., ALBERT NEAL

) ) )

23 WALDEN, individually and the marital )

community thereof with JANE DOE 24 WALDEN

) )

25

) Defendants in Intervention. )

26

)

Case No: 06-CV-01359-TSZ
PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND

27

28
PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND - 1

GEORGIA TREJO LOCHER 237 SW 153ap STREET BURIEN, WA 98166 2o6-246-61oo FAX 2o6-246-61o5 gloeher@nwlink.eom

Case 2:06-cv-O1359-TSZ Document 13 Filed 12/04/2006 Page 2 of 5

1

2

JURISDICTION AND VENUE

3

1. Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

4 and 1345. This action is authorized and instituted pursuant to section 706(f)(1) and (3) of Title VII
5 of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3) ("Title VII"),
6

and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 7

8

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

9 jurisdiction of the United States District Court for the Western District of Washington of Seattle.

10 PARTIES
11

12

3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), is the agency

13 of the United States of America charged with the administration, interpretation and enforcement of

14 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42

15 U.S.C. §2000e-5(f)(1).
16 4. Plaintiff in intervention, Laura Cigarroa is a resident of the State of Washington. On
17
November 1, 1999, Defendant La Mexicana hired Ms. Cigarroa. 18

19

5. At all relevant times hereto, Defendant La Mexicana, Inc. ("La Mexicana") has been

20 a corporation continuously doing business in the state of Washington and has continuously had at

21 least 15 employees.

22

6. At all relevant times hereto, Defendant has continuously been an employer

23 engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of
24 Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).
25 7. At all relevant times hereto, Defendant Albert Neal Walden is believed to be
26 27 married, and together he and his wife form a marital community under the laws of the State of

28
PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND - 2

GEORGIA TREJO LOCHER 237 SW 153I~[~ STREET BURIEN, WA 98x66 2o6-246-61oo
FAX 2o6-246-6xO5 glocher@nwlink.com

Case 2:06-cv-01359-TSZ Document 13 Filed 12/04/2006 Page 3 of 5

1 Washington; that all acts hereinafter alleged of the Defendant Albert Neal Walden were done on his

2 own behalf and on behalf of his marital community. 3

4 FACTS
5 8. At all time relevant hereto, Defendant Albert Neal Waldwenas charged with
6
managing one or more employees of the La Mexicana in Seattle, Washington. 7

8

9. Beginningon November 1, 1999, Ms. Cigarroa commencedemployment with

9 Defendant La Mexicana.Ms. Cigarroa’s position and job is packing lead.

10

10. During the last few years of her employment with La Mexicana, she has been

11 subjected to unwanted sexual advances because of her gender by Defendant Albert Neal Walden.
12, 11. In February 2006, Ms. Laura Cigarroa complained to the general manager, Bill Frye.
13. Bill Frye failed to take corrective actions to correct the sexual harassment, thereby creating a hostile
14
15 work environment.

16

12. Bill Frye informed Ms. Cigarroa that he would take care of the unwanted sexual

17 harassment, but he did not.

18’

13. On or about March 10, 2006, Ms. Cigarroa filed a charge of discrimination with the

19 EEOC alleging violation of Title VII on the basis of gender/sexual harassment.

20

14. On September 21, 2006, the EEOC filed the present lawsuit against Defendant La

21 Mexicana on behalf of Ms. Cigarroa and others similarly situated on the basis of sexual harassment

22

and constructive discharge. 23

24

15. More than 30 days prior to the institution of this lawsuit, Plaintiff Laura Cigarroa

25: filed a charge with the Commission alleging violations of Title VII by defendant. All conditions

26 precedent to the institution of this lawsuit have been fulfilled.

27

28

PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND - 3

GEORGIA TREJO LOCHER ~37 SW 153RD STREET BURIEN, WA 98166
2o6- 246-61oo FAX 2o6-246-61o5 glocher@nwlink.com

Case 2:06-cv-O1359-TSZ Document 13 Filed 12/04/2006 Page 4 of 5

1

CLAIMS

2

1. Unlawful Discrimination Based Upon Gender - Title VII. Defendant engaged in

3 unlawful discrimination based upon Plaintiff’s gender when she was subjected to egregious sexual
4:
advances because of her sex by a fellow co-worker and Defendants failed to take corrective action 5

6 to correct the harassment, creating an extremely hostile work environment, in violation of § 703(a)

7 of Title VII, 42 U.S.C. § 2000e-2(a).

8

2. Unlawful Discrimination Based Upon Gender - Washington Law Against

9 Discrimination (WLAD). Defendant engaged in unlawful discrimination based upon Plaintiff’s

10 gender in the terms and conditions of employment, in violation of the WLAD, RCW 49.60. et seq.

11 3. Retaliation - Title VII and WLAD. Defendant retaliated against plaintiff for
12
complaining about the sexual harassment, in violation of both Title VII and the WLAD. 13

14

4. Intentional Infliction of Emotional Distress. Defendant’s conduct is and was

15~ outrageous. As a result defendant has intentionally or with reckless indifference caused plaintiff

16: severe emotional distress.

17

5. Negligent Infliction of Emotional Distress. Defendant has negligently inflicted

18 emotional distress upon plaintiff.

19 6. Plaintiff further reserves the right to amend or supplement her complaint to include other
20 facts or claims, as necessary.
21

22

PRAYER FOR RELIEF

23

WHEREFORE, Plaintiff prays:

24

1. That she have judgment against Defendant for all compensatory damages, including but

25 not limited to, back and front pay and benefits;

26

2. That she be awarded punitive damages pursuant to Title VII;

27 3. That she be awarded prejudgment interest;
28

PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND - 4

GEORGIA TREJO LOCHER 237 SW 153RD STREET BURIEN, WA 98166
2o6-246-61oo FAX 2o6-246-61o5 glocher@nwlink.com

Case 2:06-cv-O1359-TSZ Document 13 Filed 12/04/2006 Page 5 of 5

1

4. That she be awarded non-economic damages for humiliation, emotional distress, loss of

2 enjoyment of life, pain and suffering, personal indignity, embarrassment, fear, anxiety, and anguish,

3 in an amount to be proven at trial;

4 5. That the court award equitable relief, as appropriate;
5
6. That the court award attorney’s fees and actual costs; and 6

7. For such other and further relief as this court deems just and equitable. 7

8

JURY TRIAL DEMAND

9

Plaintiff Laura Cigarroa hereby requests a jury trial on all questions of fact raised by her

10 complaint.
11 DARE: ]~- q -O(x~
12

13 GEORGIA TREJO LOCHER, P.S.
14

15

16

17

GeOrgia T. ~ocher, WSBA No. 21450

18

237 SW 15~ra Street

Burien, WA 98166

19

Telephone: (206) 246-6100

Facsimile: (206) 246-6105

20

E-mail: glocher@nwtink.com

21

22

23

24

25

26

27

28
PLAINTIFF IN INTERVENTION LAURA CIGARROA’S COMPLAINT AND JURY DEMAND - 5

GEORGIA TREJO LOCHER 237 SW 153RI) STREET
BURIEN, WA 98166
2o6-246-61oo
FAX 2o6-246-61o5 glocher@nwlink.com

 
 Honorable Thomas S. Zilly

2

3

4

5

6

7

8

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10

EQUAL EMPLOYMENT OPPORTFNlTY )

COMMISSION,

) No. CV6·1359Z

11
v.

Plaintin;

) ) STIPULATION FOR VOLUNTARY

12

) DISMISSAL OF INTENTiONAL

LA MFXICANA, lNC., 13

Dc[cmbnt.

) INFLICTION OF EMOTIONAL DISTRESS ) AND NEGLIGENT INFLICTION OF

14 I~,----·

". - - -

LAURA CIGARROA,

--"._-) EMOTIONAL DISTRESS CLAIMS )

15

)

Plaintiff in Intervention,

)

16

v.

) 1111111 111111111111111 1111111111111111111 11I1

17 LA MEXICANA, INC.; ALBERT NEAL

) )

11111111111111111111111111111111111

18 WALDEN, individually and the marital community thereof with JANE DOE

) 06-CV-01359-0RD )

19 WALDEN,

)

Defendants in Intervention. )

20

--)

21 NEAL WALDEN.

) )

22

CO\lIlterclaim Plaintif(

)

v.

)

23

)

LAURA CIGARROA,

)

24

)

25

Counterclaim Defendant.

)

_ _ _."..... _ _ _""". ...).c......._

26

----"""--

27
28
STIPULATION FOR VOLUNTARY D1SMISSAL OF lIED AND NEID CLAIMS" 1 (CV6-1359Z)

J3Ck:$lltl l.ewi~ l.U' One UlliO]1 Square 600 Uni\,t-j'"ity Stre!!t. Sl.lit~ 1900
Se\ilnlo, Wiliihington 9SlO( (206) 40j·0'04

I

STIPULATION

2

Pursuant to Fed, R. Civ, 1', 41{a)(J), the parties, by and through their counsel of record,

3 request the Court dismis~ PJaintiffin Intervention's claims for Intentional Infliction of Emotional

4 Distress and Negligent intliGiiOIl oJ' Emotional Distress with prejudice and wilhout COS1S to any

5 party,

6

Dated this 11th day of September, 2007,

7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
8

s/Cwmen F!()res .._ _ 9 Carmen Flores, WSBA 1125798

10 Attorneys for EEOC
Seattle District Oftice

I I 909 first Avenue, Suite 400

Seallle, W A 98 104 12 Tel. 206-220-6883

13

Fax: 206-220-691 I E-mail: @rmeIl.f1(\res((ve~oc ,gov.

14

JACKSON LEWIS LLP

siBarry Alan ,jrJhnsrud

,_. ___

Barry Alan Johnsrud, WSBA #21952

Laurie L Johnston, WSBA #25927

Attorneys for Defendant

One Union Square

600 University Street, Suite 2900

Scaltle, WA 9810 I

Tel: 206-405-0404

Fax: 206-405-4450

E-mail: johnstollj@jacksonlewis.eo..!l

15 GEORGIA TREJO LOCHER, PS

16 ,RGeorgia 1: Loche_,__. _ _

17

Georgia T. Locher, WSf3A #2 I450 Attorney for Plaintiffin Intervention

18 217 SW, 153rd Street

Burien, WA ')8166

19 Tel: 206-246~61 00

Fax: 206-246-6105 20 E-mail: gjQchcr@nV>iJink.con::!

21

22

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24

25

26

27

28
STIPULATION FOR VOLUNTARY DISMISSAL
or ITEI) AND NhiD CLAIMS, 2
(CV6,1J59Z)

JilIdc~"m Lc-wi!il LLf> On~ Uni\)/\ $lluurc
600 P1Ji\'ersity S1r~l;:t, Suite 2900 S~1I111e, W&!lhint:ton 98101 (:i:Oe.) 405-0404

ORDER

2

Based upon the foregoing stipulation of the parties, it is hereby:

3

ORDERED thut Plaintiff in Intervention's claims for Intentional Infliction of Emotional

4 Distress and Negligent infliction of Emotional Distress in the above·captioned matter be

5 dismissed with prejudice as to all parties and without atlOmey's fees or costs to any party.

6

~ay DATED this

of September, 2007.

7
8
9
10 Presented by: II JACKSON LEWIS LLP

~~~
Honorable Thomas S. 7:illy

12

By: ~/Barry A/an J(Jhns~ . _ __

13

Barry Alan Johnsrud, WSBA 1121952

14

Laurie L Johnston, WSBA 1125927 Attorneys for Ddendants

15

I 6 Approved as to lorm; Notice ofl'resentalion waived:
17
18 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

19 By: A,(:armen.F'lores .. ..___. ' _____''_.__

20

Carmen Flores, WSBA 112579H

Attorneys for Plaintiff EEOC 21

22
GEORGIA T. LOCHER, P.S.
23

24 l3y; s/(Jeorgia T. LQ~her ""

_~_ _

Georgia T. Loeher, WSBA #21450

25

Attomcy~ for Plaintiff in Intervention

26

27

28
STIPULATION fOR VOLUNTARY DISMISSAL OF lIEO AND NEW CLAIMS,,} (CV6,13S9Z)

Ja(:I;:SO[l Lewis LLP One Unio11 Sqllill't: 600 University Street, Suite 2900 Seattle, Washington 98 iOJ
(106) 40,\-0404

1

DECLARATION OF SERVICE

2

The undersigned declares under penalty of perjury under tho laws of the State of

/tv 3 Washington that on the

day of September, 2007, 1 electronically filed a tme and accurate

4

copy of the document to which this declaration is affixed with the Clerk of the COU1t using the

5

eM/Eel" System, which will send notification of such filing tu the following:

6

7

Attorney for Plaintiff EEOC:

Carmen Flores

8

Equal Bmployment Opportunity Commission

9

Seattle District Office

909 First Avenue, Suite 400

10

Seattle, WA 98104

II

Attorney for Plaintiff in Intervention, Laura Cigarroa:

Georgia T. Locher

12

AllOrncv >It Law

13

237 S.W. iS3'; Street

Burien, WA 98166

14

15
Dated this II"'" day of September, 2007, at S~attle, Washington.
16

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18

19

20

21

22

23

24

25

26

27

28
STII'ULATlON FOR VOLUNTARY DISMISSAL OF lIED AND NEll) CLAIMS· 4 (CV6" 1359/,)

,hck~()n Lewh l/U'
Om: Union Sqlli!lr~
600 lirliyer.:;ity Stl'C:Cl', Suitt: 2900 SO+ltlle, Wasllin8~~111 'is H.1l (Z06) 405·0404

 
 1

2

3

4

5

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

6

AT SEATTLE

7

8

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

9

Plaintiff,

10 v.

11 LA MEXICANA, INC.,

12

Defendant.

13 _____________________________________

14 LAURA CIGARROA,

15

Plaintiff in Intervention,

16 v.

17 LA MEXICANA, INC.; ALBERT NEAL

18

WALDEN, individually and the marital community thereof with JANE DOE

19 WALDEN,

20

Defendants in Intervention.

21 _____________________________________

22 NEAL WALDEN,

23

Counterclaim Plaintiff,

24 v.

25 LAURA CIGARROA,

26

Counterclaim Defendant.

C06-1359Z ORDER OF DISMISSAL

ORDER OF DISMISSAL - 1

1

Counsel having notified the Court of the settlement of this matter and it appearing that

2 no issue remains for the Court’s determination,

3

NOW, THEREFORE, IT IS ORDERED that this case is DISMISSED with prejudice

4 and without costs.

5

In the event settlement is not perfected, either party may move to reopen and trial will

6 be scheduled, provided such motion is filed within 60 days of this date.

7

IT IS SO ORDERED.

8

The Clerk of this Court is directed to send uncertified copies of this Order to all

9 counsel of record.

10

DATED this 14th day of November, 2007.

11 12

A

Thomas S. Zilly

13

United States District Judge

14

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23

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ORDER OF DISMISSAL - 2

 
 1

2

3

4

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

5

AT SEATTLE

6

7

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

8

Plaintiff,

9 v.

10 LA MEXICANA, INC.,

11

Defendant.

12 _____________________________________

13 LAURA CIGARROA,

14

Plaintiff in Intervention,

15 v.

16 LA MEXICANA, INC.; ALBERT NEAL

17

WALDEN, individually and the marital community thereof with JANE DOE

18 WALDEN,

19

Defendants in Intervention.

20 _____________________________________

21 NEAL WALDEN,

22

Counterclaim Plaintiff,

23 v.

24 LAURA CIGARROA,

25

Counterclaim Defendant.

C06-1359Z
ORDER APPROVING CONSENT DECREE AND RETAINING JURISDICTION

26

ORDER APPROVING CONSENT DECREE AND RETAINING JURISDICTION - 1

1

Having been advised by the parties of a settlement in this matter, by Order dated

2 November 14, 2007, docket no. 55, the Court dismissed this case with prejudice and without

3 costs to any party.

4

The parties have now filed a proposed Consent Decree, docket no. 57. Having

5 reviewed the same, the Court hereby APPROVES the Consent Decree as the final

6 memorialization of the settlement between the parties.

7

The Court will retain jurisdiction of this matter for purposes of enforcing the Consent

8 Decree for two (2) years and six (6) months from the date of entry of this Order.

9

IT IS SO ORDERED.

10

The Clerk of this Court is directed to send uncertified copies of this Order to all

11 counsel of record.

12

DATED this 30th day of November, 2007.

13 14

A

Thomas S. Zilly

15

United States District Judge

16

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18

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ORDER APPROVING CONSENT DECREE AND RETAINING JURISDICTION - 2

 
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CLOSED, JURYDEMAND, PROTO
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:06-cv-01359-TSZ

Equal Employment Opportunity Commission v. La Mexicana Inc Assigned to: Hon. Thomas S. Zilly Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/21/2006 Date Terminated: 11/14/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carmen Flores EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Freeman Stanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (WA) SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6892 Email: JOHN.STANLEY@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Blaire Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: kathryn.olson@eeoc.gov TERMINATED: 05/29/2007

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LEAD ATTORNEY
William R. Tamayo US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 THE EMBARCADERO STE 500 SAN FRANCISCO, CA 94105-1260 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Ann Cox U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 - 1st AVE SUITE 400 SEATTLE, WA 98104 206-220-6890 Fax: 206-220-6911 Email: lisa.cox@eeoc.gov ATTORNEY TO BE NOTICED
represented by Georgia Trejo Locher 237 SW 153RD BURIEN, WA 98166 206-246-6100 Fax: 206-246-6105 Email: glocher@nwlink.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry Alan Johnsrud JACKSON LEWIS (SEA) ONE UNION SQUARE 600 UNIVERSITY ST STE 2900 SEATTLE, WA 98101 206-405-0404 Fax: FAX 405-4450 Email: johnsrudb@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Defendant Albert Walden
Counter Claimant Albert Walden
Counter Claimant La Mexicana Inc
V. Counter Defendant Ms. Laura Cigarroa
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Laurie L Johnston JACKSON LEWIS (SEA) ONE UNION SQUARE 600 UNIVERSITY ST STE 2900 SEATTLE, WA 98101 206-405-0404 Fax: FAX 405-4450 Email: JohnstonL@JacksonLewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry Alan Johnsrud (See above for address) ATTORNEY TO BE NOTICED
Laurie L Johnston (See above for address) ATTORNEY TO BE NOTICED
represented by Barry Alan Johnsrud (See above for address) ATTORNEY TO BE NOTICED
Laurie L Johnston (See above for address) ATTORNEY TO BE NOTICED
represented by Barry Alan Johnsrud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie L Johnston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Georgia Trejo Locher (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Date Filed 09/21/2006
09/22/2006
09/22/2006 10/05/2006
10/12/2006 10/16/2006 11/02/2006 11/14/2006 11/25/2006
11/27/2006 11/29/2006

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMAND against defendant La Mexicana Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 09/22/2006)
2 Letter from Clerk to attorney, William R. Tamayo, re mandatory electronic court filing requirement. DISREGARD. ATTACHED INCORRECT DOCUMENT TO THIS ENTRY. WILL REPOST. SEE NEXT DOCKET ENTRY. (PM, ) Modified on 9/22/2006 (PM, ). Modified on 9/22/2006 (HBR, ). (Entered: 09/22/2006)
3 Letter from Clerk to attorney, William R. Tamayo, re mandatory electronic court filing requirement. (PM, ) (Entered: 09/22/2006)
4 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 11/20/2006.Initial Disclosure Deadline is 12/4/2006. Joint Status Report due by 12/4/2006; by Judge Thomas S. Zilly. (CH) (Entered: 10/05/2006)
5 NOTICE of Appearance by attorney Laurie L Johnston on behalf of Defendant La Mexicana Inc (Johnston, Laurie) (Entered: 10/12/2006)
6 SERVICE OF SUMMONS and Complaint returned executed upon defendant La Mexicana Inc on 10/10/2006 (LT, ) (Entered: 10/17/2006)
7 AMENDED COMPLAINT against defendant(s) La Mexicana Inc with JURY DEMAND, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Flores, Carmen) (Entered: 11/02/2006)
8 NOTICE of Appearance (Locher, Georgia) (Entered: 11/14/2006)
9 Stipulated MOTION and Proposed Order Granting Leave to Interevene by Intervenor Plaintiff Laura Cigarroa. Noting Date 11/27/2006. (Attachments: # 1 Proposed Order)(Locher, Georgia) Modified text on 11/27/2006 (LT, ). (Entered: 11/25/2006)
10 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 7. (Johnston, Laurie) (Entered: 11/27/2006)
11 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *7 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 9/24/2007 at 09:00 AM before Hon. Thomas S. Zilly. Joinder of Parties due by 1/16/2007; Amended Pleadings due by 3/28/2007; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/28/2007; Motions due by 4/27/2007; Discovery completed by 5/29/2007; Dispositive motions due by 6/26/2007; Settlement conference to be held by 7/26/2007; 39.1 mediation to be completed by 8/27/2007; Motions in Limine due by 8/27/2007; Pretrial Order due

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11/29/2006 12/04/2006 12/14/2006 02/16/2007 02/27/2007 03/02/2007
05/10/2007 05/11/2007 05/14/2007 05/29/2007
05/31/2007

by 9/12/2007; Pretrial Conference set for 9/14/2007 at 04:00 PM before Hon. Thomas S. Zilly. Trial briefs to be submitted by 9/19/2007; Proposed voir dire/jury instructions due by 9/19/2007; by Judge Thomas S. Zilly. (CH) (Entered: 11/29/2006)
12 ORDER granting 9 Stipulated MOTION for Leave to Laura Cigarroa to Interevene as Party Plaintiff and to File Complaint for Damages, by Judge Thomas S. Zilly. (LT, ) (Entered: 11/30/2006)
13 Intervenor COMPLAINT, filed by Laura Cigarroa.(Locher, Georgia) (Entered: 12/04/2006)
14 ANSWER to Amended Complaint of EEOC and Affirmative Defenses by La Mexicana Inc.(Johnston, Laurie) (Entered: 12/14/2006)
15 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1. (Johnston, Laurie) (Entered: 02/16/2007)
16 Agreed Stipulated MOTION to EXTEND CASE SCHEDULE DEADLINES and TRIAL DATE by Defendant La Mexicana Inc. (Attachments: # 1 Proposed Order Extending Case Schedule Deadlines and Trial Date)Noting Date 2/27/2007.(Johnston, Laurie) (Entered: 02/27/2007)
17 ORDER extending case schedule deadlines and trial date, by Judge Thomas S. Zilly. Discovery completed by 7/5/2007,Dispositive motions due by 9/11/2007,Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/13/2007, Motions in Limine due by 11/12/2007, Pretrial Order due by 11/28/2007, 39.1 Mediation due by 11/12/2007, Jury Trial is set for 12/3/2007 before Hon. Thomas S. Zilly, Pretrial Conference set for 11/30/2007 before Hon. Thomas S. Zilly, Settlement Conference set for 10/11/2007 before Hon. Thomas S. Zilly. (CL, ) (Entered: 03/02/2007)
18 STIPULATION AND PROPOSED ORDER REGARDING LAURA CIGARROA'S MEDICAL AND PSYCHOLOGICAL RECORDS by parties. (Attachments: # 1 Proposed Order Regarding Laura Cigarroa's Medical and Psychological Records)(Johnston, Laurie) (Entered: 05/10/2007)
19 ANSWER to Intervenor Complaint of Plaintiff Laura Cigarroa, AFFIRMATIVE DEFENSES and, COUNTERCLAIM against plaintiff Laura Cigarroa by Albert Walden, La Mexicana Inc.(Johnston, Laurie) (Entered: 05/11/2007)
20 PRAECIPE TO ISSUE SUMMONS by Defendants-Summons Issued. (TS, ) (Entered: 05/15/2007)
21 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Carmen Flores is substituted as counsel for Plaintiff. Attorney Kathryn Blaire Olson terminated. John F. Stanley, Supervisory Attorney, Substituted for Kathryn Olson (Flores, Carmen) (Entered: 05/29/2007)
22 STIPULATED PROTECTIVE ORDER REGARDING LAURA CIGARROA'S MEDICAL AND PSYCHOLOGICAL RECORDS re 18 Stipulation filed by Defendant La Mexicana Inc, by Judge Thomas S. Zilly. (Entered: 06/01/2007)

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09/14/2007 09/14/2007
11/01/2007

23 Stipulated MOTION for Limited Continuance of Discovery Cut-off by Defendant La Mexicana Inc, Defendant Albert Walden, Counter Claimant Albert Walden (Attachments: # 1 Proposed Order)Noting Date 7/5/2007.(Johnston, Laurie) Modified on 7/5/2007 to add filer per counsel (KN, ). (Entered: 07/05/2007)
NOTICE of Docket Text Modification re 23 Stipulated MOTION for Limited Continuance of Discovery Cut-off : Added filer Albert Walden to docket text per counsel. (KN, ) (Entered: 07/05/2007)
24 STIPULATED ORDER for Limited Continuance of Discovery Cut-off, by Judge Thomas S. Zilly.(CL, ) (Entered: 07/10/2007)
25 NOTICE of Unavailability of counsel Carmen Flores for Plaintiff Equal Employment Opportunity Commission from 07/12/2007 to 07/23/2007. (Flores, Carmen) (Entered: 07/11/2007)
26 Plaintiff in Intervention ANSWER to Counterclaim by Laura Cigarroa.(Locher, Georgia) (Entered: 08/21/2007)
27 STIPULATION AND PROPOSED ORDER FOR VOLUNTARY DISMISSAL OF IIED AND NIED CLAIMS by parties. (Attachments: # 1 Proposed Order Dismissing IIED and NIED Claims)(Johnsrud, Barry) (Entered: 09/11/2007)
28 NOTICE of Appearance by attorney Lisa Ann Cox on behalf of Plaintiff Equal Employment Opportunity Commission. (Cox, Lisa) (Entered: 09/11/2007)
29 STIPULATION AND PROPOSED ORDER TO CHANGE CASE SCHEDULE by parties. (Flores, Carmen) (Entered: 09/13/2007)
30 PROPOSED ORDER (Unsigned) re 29 Stipulation To Change Case Schedule. (Flores, Carmen) (Entered: 09/13/2007)
31 STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIMS with prejudice as to all parties and without attorney's fees or costs to any party re 27 Stipulation filed by Albert Walden, La Mexicana Inc by Judge Thomas S. Zilly. (TS, ) (Entered: 09/14/2007)
32 PRAECIPE TO CORRECT PRETRIAL CONFERENCE DATE IN STIPULATION TO CHANGE CASE SCHEDULE by Plaintiff Equal Employment Opportunity Commission. (Flores, Carmen) (Entered: 09/14/2007)
33 ORDER MODIFYING CASE SCHEDULE PURSUANT TO STIPULATION OF PARTIES by Judge Thomas S. Zilly. 39.1 mediation to be completed by 11/5/2007,Motions in Limine due by 11/5/2007, Pretrial Order due by 11/15/2007, Trial briefs to be submitted by 11/28/2007, Proposed voir dire/jury instructions due by 11/28/2007, Lodging Date due by 11/15/2007, Pretrial Conference set for 11/19/2007 at 03:00 PM before Hon. Thomas S. Zilly. (TS, ) (Entered: 09/14/2007)
34 MOTION to Bifurcate at Trial Liability and Damages from Injunctive Relief by Defendants Albert Walden, La Mexicana Inc. (Attachments: # 1 Proposed Order)Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/01/2007)

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11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007

35 DECLARATION of Laurie L. Johnston filed by Defendants Albert Walden, La Mexicana Inc re 34 MOTION to Bifurcate at Trial Liability and Damages from Injunctive Relief (Johnston, Laurie) (Entered: 11/01/2007)
36 MOTIONS IN LIMINE 1-14 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. (Attachments: # 1 Proposed Order Regarding Defendants' Motions in Limine 1-14)Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
37 MOTIONS IN LIMINE by Intervenor Plaintiff Laura Cigarroa, Counter Defendant Laura Cigarroa. (Attachments: # 1 Proposed Order)Noting Date 11/16/2007.(Locher, Georgia) (Entered: 11/05/2007)
38 MOTIONS IN LIMINE 15 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
39 MOTIONS IN LIMINE 16 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
40 MOTIONS IN LIMINE 17-19 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
41 MOTIONS IN LIMINE 20-27 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
42 MOTIONS IN LIMINE 28 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
43 MOTIONS IN LIMINE 29 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
44 MOTIONS IN LIMINE 30 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
45 MOTIONS IN LIMINE 31 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
46 MOTIONS IN LIMINE 32 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
47 MOTIONS IN LIMINE 33 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie) (Entered: 11/05/2007)
48 MOTIONS IN LIMINE 34 by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden. Noting Date 11/16/2007.(Johnston, Laurie)

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11/05/2007
11/05/2007
11/07/2007
11/08/2007 11/08/2007 11/13/2007 11/14/2007
11/15/2007 11/27/2007

(Entered: 11/05/2007)
49 DECLARATION of Laurie L. Johnston filed by Defendants Albert Walden, La Mexicana Inc, Counter Claimant Albert Walden re 39 MOTIONS IN LIMINE 16, 47 MOTIONS IN LIMINE 33, 43 MOTIONS IN LIMINE 29, 48 MOTIONS IN LIMINE 34, 40 MOTIONS IN LIMINE 17-19, 38 MOTIONS IN LIMINE 15, 44 MOTIONS IN LIMINE 30, 41 MOTIONS IN LIMINE 20-27, 46 MOTIONS IN LIMINE 32, 45 MOTIONS IN LIMINE 31, 42 MOTIONS IN LIMINE 28 (Attachments: # 1 Exhibit 1-3# 2 Exhibit 4-6# 3 Exhibit 7-9)(Johnston, Laurie) (Entered: 11/05/2007)
50 PROPOSED ORDER (Unsigned) re 39 MOTIONS IN LIMINE 16, 47 MOTIONS IN LIMINE 33, 43 MOTIONS IN LIMINE 29, 48 MOTIONS IN LIMINE 34, 40 MOTIONS IN LIMINE 17-19, 38 MOTIONS IN LIMINE 15, 44 MOTIONS IN LIMINE 30, 41 MOTIONS IN LIMINE 20-27, 46 MOTIONS IN LIMINE 32, 45 MOTIONS IN LIMINE 31, 42 MOTIONS IN LIMINE 28 (Johnston, Laurie) (Entered: 11/05/2007)
51 MINUTE ORDER by Judge Thomas S. Zilly. The Court hereby instructs plaintiff Equal Employment Opportunity Commission and plaintiff-in-intervention Laura Cigarroa to file any responses to said motions within one (1) consolidated brief per party. Any response briefs shall be filed by 11/13/2007. No reply brief may be filed absent specific request of the Court. The parties are advised to be prepared to discuss the motions in limine at the pretrial conference scheduled for 11/19/2007.(TS, ) Modified text on 11/7/2007 (TS, )(mailed copy of order to Laura Cigarora). (Entered: 11/07/2007)
52 AFFIDAVIT/DECLARATION OF SERVICE OF SUBPOENA upon Veronica Hernandez served on 11/3/2007. (TS, ) (Entered: 11/13/2007)
53 AFFIDAVIT/DECLARATION OF SERVICE OF SUBPOENA upon Dana Christianson served on 11/6/2007. (TS, ) (Entered: 11/13/2007)
54 AFFIDAVIT/DECLARATION OF SERVICE OF SUBPOENA upon Hulda Mazariegos, Child & Family Service served on 11/6/2007. (TS, ) (Entered: 11/14/2007)
55 ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge Thomas S. Zilly. (TS, ) (Entered: 11/14/2007)
56 NOTICE from Mediator Cliff Freed, that on 10/25/07, the parties participated in a mediation. This matter is now resolved. (Freed, Clifford) (Entered: 11/15/2007)
57 STIPULATION AND PROPOSED ORDER OF PROPOSED CONSENT DECREE AND ORDER OF DISMISSAL by parties. (Attachments: # 1 Notice to Employees)(Flores, Carmen) (Entered: 11/27/2007)

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11/30/2007

58 ORDER by Judge Thomas S. Zilly. The Court APPROVES 57 the Consent Decree as the final memorialization of the settlement between the parties. The Court will retain jurisdiction of this matter for purposes of enforcing the Consent Decree for two (2) years and six (6) months from the date of the entry of this Order. (CL, ) (Entered: 11/30/2007)

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3/24/2008 2:04 PM

 
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Honorable Judge Thomas S. Zilly

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3

WILLIAM TAMAYO, REGIONAL ATTORNEY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 SAN FRANCISCO DISTRICT OFFICE
350 THE EMBARCADERO, SUITE 500

5 SAN FRANCISCO, CALIFORNIA 94105-1260

6 JOHN STANLEY, SUPERVISORY TRIAL ATTORNEY

7

CARMEN FLORES, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104

9 JOHN.STANLEY@EEOC.GOV
Tel: (206) 220-6896

10 CARMEN.FLORES@EEOC.GOV

Tel: (206) 220-6853
11 LISA.COX@EEOC.GOV

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Tel: (206) 220-6859 Fax: (206) 220-6911

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ATTORNEYS FOR PLAINTIFF EEOC
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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

) )

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Plaintiff,

) )

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vs.

)

LA MEXICANA, INC.,

)

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Defendant.

)

_____________________________________ )

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)

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LAURA CIGARROA, Plaintiff in Intervention,

) ) )

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vs.

)

24 LA MEXICANA, INC., ALBERT NEAL
WALDEN, individually and the marital

25 community thereof with JANE DOE

WALDEN

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Defendants in Intervention.

) ) ) ) ) )

27 _____________________________________ )

Case No: 06-CV-1359-TSZ
PROPOSED CONSENT DECREE AND ORDER OF DISMISSAL

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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 1

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

I. INTRODUCTION

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This action originated when Laura Cigarroa filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC" or "Commission"). Mrs. Cigarroa alleged that La Mexicana, Inc. (“La Mexicana”) discriminated against her, in violation of Title VII of the Civil Rights Act of 1964, as amended. The Commission filed its complaint on September 21, 2006, in the United States District Court for Western District of Washington at Seattle. The complaint alleges that La

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Mexicana discriminated against Ms. Cigarroa when it subjected her to sexual harassment.

10 3. La Mexicana filed their answer denying the allegations of discrimination in the EEOC's

11 12 4. 13 14 15 16 17

complaint, and asserted several affirmative defenses. By entering into this Consent Decree, the EEOC and La Mexicana desire to conclude fully and finally this litigation. This Consent Decree is the final and complete resolution of all allegations of unlawful employment practices contained in Mrs. Cigarroa’s discrimination charge #551-2006-00574C and #551-2008-00002C, in the EEOC administrative determination, and in the complaint filed herein, including all claims by the parties for

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attorney fees and costs.

19 5. This Consent Decree is not and shall not be considered an admission of unlawful or

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6.
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wrongful conduct by the Defendants and Defendants deny that they have engaged in any such conduct. This Consent Decree constitutes the understanding between the EEOC and La Mexicana with respect to matters herein. It is expressly agreed that if La Mexicana has failed to comply with §§ 11-18 of this Consent Decree, the Commission may bring an action in the United States District Court for the Western District of Washington to enforce the Consent

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Decree as provided in paragraph 19 below.

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II. JURISDICTION AND VENUE

PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 2

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1 7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and

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1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of Title

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VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3)

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("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The
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employment practices alleged to be unlawful were committed within the jurisdiction of the
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United States District Court for the Western District of Washington at Seattle.

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III. PURPOSE OF THE AGREEMENT

9 8. The EEOC and La Mexicana have entered into this Consent Decree in order to avoid the

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time, expense, and uncertainty of further litigation and in order to resolve this lawsuit.

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V. MONETARY RELIEF La Mexicana agrees to pay Mrs. Cigarroa $25,000 for alleged emotional distress thereby resolving all claims for damages, fees, and costs sought through the EEOC’s complaint. Payment should be mailed directly to Mrs. Cigarroa’s private counsel, Georgia Locher within seven (7) days of entry of the Consent Decree by the Court.
VI. INJUNCTIVE RELIEF

18 Compliance with Title VII

19 10. La Mexicana shall comply with the affirmative obligations of this Consent Decree. La

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Mexicana is enjoined from discriminating or retaliating against any employees in violation

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of Title VII.

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11. La Mexicana shall institute the policies and practices set forth below.
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Policy Against Discrimination and Supervisor Accountability
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25 12. A written copy of La Mexicana’s revised EEO policy that is in compliance with this

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Consent Decree shall be distributed to all present employees of La Mexicana in Washington

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state within thirty (30) days of entry of this Consent Decree and to all future such

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employees at the time of hire. The policy is to be provided in Spanish as well and shall

PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 3

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

contain a complaint procedure for employees to follow should they feel they are being

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subjected to harassment or discrimination.

3 Policies Designed To Promote Supervisor Accountability. 4

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(i) La Mexicana, when appropriate, shall impose substantial

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discipline -- up to and including demotion, suspension

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without pay or termination upon any supervisor or manager

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who engages in discrimination or harassment or knowingly or

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recklessly permits any such conduct to occur in his or her
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work area or among employees under his or her supervision,
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or who unlawfully retaliates against any person who

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complains or participates in any investigation or proceeding

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concerning any such conduct. La Mexicana shall

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communicate this policy to all of its supervisors and

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managers.

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(ii) La Mexicana shall advise all managers and supervisors of

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their duty to actively monitor their work areas to ensure

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employees’ compliance with the company’s anti-

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discrimination and harassment policy, and to report any

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incidents and/or complaints of harassment, harassment and/or

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retaliation of which they become aware to the department
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charged with handling such complaints.
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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 4

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

(iii) La Mexicana shall consider any finding of failure to comply

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with this policy in evaluating its managers and supervisors

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including when they are being considered for promotions.

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5 Training

6 13. La Mexicana shall provide for all of its managers, supervisors and employees within

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Washington State EEO training each year throughout the duration of this Consent Decree.

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The cost of the training shall be borne by the company. The training will be conducted in

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both English and Spanish and is to include a focus on the requirements of Title VII as it
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pertains to sexual harassment and La Mexicana’s policies for compliance with Title VII.
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The first trainings shall take place by September 2008 and then yearly thereafter for the

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duration of the Consent Decree. In addition, those management individuals charged with

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investigating workplace discrimination claims shall be provided training focused on proper

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and thorough investigation techniques.

16 14. La Mexicana shall retain a record of the training programs, including dates held and a list

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with the signatures of the persons in attendance. A copy of these records of training

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materials shall be submitted to the EEOC in accordance with paragraph 15 below.
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Reporting
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21 15. Within sixty (60) days following the end of each calendar year for the duration of the

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Decree, La Mexicana shall report the following information to the EEOC Seattle Field

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Office for such calendar year:

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• Certification of the completion of the training described in § 13 hereof each year,

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with a list of attendees, identification of trainer and topics covered, date of training,

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and copies of all participant evaluations of the training.

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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

• Certification that La Mexicana’s EEO policy (English and Spanish) has been

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distributed to all current and newly hired employees in Washington State as

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provided in § 12 hereof;

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• A list of any changes, modifications, revocations or revisions to La Mexicana’s
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EEO policy which concern or affect the subjects of discrimination based on Title

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VII; and

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• A summary of all complaints filed with any governmental agency or referred to

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Human Resources after the date of this Consent Decree in which the complaining

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party asserts a violation of Title VII and the resolution of said complaints.

11 Posting of Notice, References to Charge, and References to Cigarroa’s Employment

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16.
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Within twenty (20) days after entry of this Consent Decree, La Mexicana shall post a copy of the Notice to Employees (Attachment 1) in all of its Seattle facilities. The posting shall

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be in a conspicuous location where employees are most likely to view it, and La Mexicana

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shall maintain this posting for the life of the Consent Decree.

17 17. La Mexicana certifies that no reference to complaints of discrimination are contained in

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Mrs. Cigarroa’s personnel file and that all materials concerning this lawsuit and the

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underlying matters will be segregated from the personnel records of the La Mexicana. Should anyone call La Mexicana asking for a reference for Mrs. Cigarroa, the caller shall be provided only her dates of employment and job title. All inquiries of this nature shall be directed to William Fry, the General Manager of La Mexicana.
VII. ENFORCEMENT If La Mexicana has breached any of the §§ 11-18 of this agreement, the EEOC may bring

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an action in the United States District Court of the Western District of Washington to

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enforce this Consent Decree. Before bringing an action for breach of the decree, the EEOC

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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 6

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

shall first give La Mexicana thirty (30) days notice of the perceived breach. The EEOC and

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La Mexicana shall use that 30-day period for good faith efforts to resolve the matter.

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IX. RETENTION OF JURISDICTION

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20. The United States District Court of the Western District of Washington shall retain
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jurisdiction over this matter for the duration of the Consent Decree.
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X. DURATION AND TERMINATION

8 21. This decree shall be in effect for two (2) years and six (6) months, commencing with the

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date the decree is filed. If the EEOC petitions the court for breach of the agreement, and

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the court finds La Mexicana to be in violation of the terms of the Consent Decree, the Court

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/ / /
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may extend this Consent Decree for a reasonable period of time.

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/ / /
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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 7

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

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XI. CONCLUSION

2 22. The provisions of this Consent Decree are not binding on the parties until an authorized

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representative of each party signs and the Court enters the Consent Decree.

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The foregoing terms and conditions are agreed upon and stipulated to the 27th day of
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November, 2007.
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7 DATED this 27th day of November, 2007.

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WILLIAM R. TAMAYO Regional Attorney

General

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San Francisco District Office 350 The Embarcadero, Suite 500

11 San Francisco, CA 94105-1260

RONALD S. COOPER Counsel
JAMES L. LEE Deputy General Counsel

12 JOHN F. STANLEY
Supervisory Trial Attorney
13

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CARMEN FLORES Senior Trial Attorney

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BY: /s/ William R. Tamayo

16 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION
17 Seattle District Office

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909 First Avenue, Suite 400 Seattle, Washington 98104

19 Telephone (206) 220-6853

GWENDOLYN Y. REAMS Associate General Counsel
Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

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Attorneys for Plaintiff EEOC

21 s/Laurie L. Johnston

22 Laurie L. Johnston, WSBA #25927
Barry Alan Johnsrud, WSBA #21952

23 One Union Square

600 University Street, Suite 2900
24 Seattle, WA 98101

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Tel: 206-405-0404 Fax: 206-405-4450

26 E-mail: johnstonl@jacksonlewis.com; JohnsrudB@jacksonlewis.com

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Attorneys for Defendants

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PROPOSED CONSENT DECREE AND
ORDER OF DISMISSAL - 8

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882