ORIGINAL
A. LUIS LUCERO, JR., REGIONAL ATTORNEY BARBARA J. STANDAL, SUPERVISORY TRIAL ATTORNEY U.S. COURTS JOHN STANLEY, SENIOR TRIAL ATFORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 TEL: (206) 220-6892
ATTORNEYS FOR PLAINTIFF

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

)

EQUAL EMPLOYMENT OPPORTUNI-FY

)

COMMISSION,

CIVIL ACTION NO.

Plaintiff,

COMPLAINT

JURY TRIAL DEMAND

LARRY H. MILLER CORPORATION,

1 01-0301 -S-

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Mona Russell, who was adversely affected by such practices. The Equal Employment Opportunity Commission alleges that defendant harassed Ms. Russell because of her sex, female, creating a hostile environment and thereby discriminatorily interfering with her employment at defendant’s

COMPLAINT- Page 1

U.S. EQUAL EMPLOYMENT" OPPORTUNITY COMMISSION
Seattb Distdct Office 909 First Avl~lg~, Suft~ 4~0
SeB~le, Wastd~lgton 88104-1061 Telephone: 1206) 220-6883 Facsimile: 1206} 220-8911
TOO: 1:206) 220-8882

Larry Miller Ford facility in Caldwell, Idaho. In addition, the Equal Employment Opportunity Commission alleges that defendant’s discriminatory conduct led to Ms. Russell’s constructive discharge. Plaintiff seeks monetary and injunctive relief, including pecuniary and nonpecuniary compensatory damages and punitive damages.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1 ) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1 ) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Distdct of Idaho.
PARTI ES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged w.ith the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1 ) of Title VII, 42 U.S.C. §2000e.-5(f)(1 ). 4. At all relevant times, defendant Larry H. Miller Corporation ("defendant"), as been a corporation continuously doing business in the State of Idaho and has continuously had at least 15 employees. 5. At all relevant times, defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

COMPLAINT - Page 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SeatUe DZatdct Office 909 FIr~t Avenue, Suite 400 Seo-ttk~. Washington 98104-1081
Telel~te: (206) 220-6883 Facsimile: ¢206) 220-6911
TDD: (206) 220-6882

and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h). STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Mona Russell filed a charge with the Commission alleging violations of Title VII by defendant, Larry H. Miller Corporation, doing business as Larry Miller Ford in Caldwell, Idaho. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. From at least September 1, 1999, through November 2, 1999, defendant engaged in unlawful employment practices at its Larry Miller Ford Caldwell, Idaho facility in violation of §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). Defendant affected the terms and conditions of Ms. Russell’s employment by subjecting her to ongoing harassment based on her sex, female. This ongoing sexual harassment created a hostile environment and led to her constructive discharge on or about November 2, 1999.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Mona Russell of equal employment opportunities and otherwise adversely affect her status as an employee of Larry H. Miller Corporation because of sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Mona Russell. //

COMPLAINT - Page 3

U.S. EQUAL EMPt.OYMEMT OPPORTUNITY COMMISSION
Seattle D~tdct Office
909 Fbst Avenue, ~ulte 400 ~’tle, Washlngto~ 98104-1061
Tel=~’Kx’~e: (206) 220-6883 Fac~lmile: |206) 220-6911
TDD: (206) 220-6882

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any other employment practice which discriminates on the bases of sex. B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order defendant to make whole Mona Russell by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order defendant to make whole Mona Russell by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be determined at trial. ¯ E. Order defendant to make whole Mona Russell by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial. F. Order defendant to pay Mona Russell punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at

COMPLAINT - Page 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle Distdct Office
909 First Aven~e, S~it~ 400 Seattle, Wa.~hlngto,n 98104-1081
Telephone: (208) 220-6883
Facsimile: (208) 220-6911 TDD: (208) 220-6882

trial.

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

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

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

complaint.

DATED this ~ ~ay of

~

,2001.

A. LUIS LUCERO, JR. Regional Attorney

(~ GWENDOLYN YOUNG REAMS Acting Deputy General Counsel

BARBARA J. STANDAL Supervisory Trial Attorney

JOHN STANLEY Senior Trial Attorney

BY: ~EQUAL EIV~LOYM~IT OPPORTUNITY COMMISSION

Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104 Telephone (206) 220-6892

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

Attorneys for Plaintiff

COMPLAINT - Page 5

UoS. EQUAL EMPLOYMENT OPPORTUNITY COMMJSS|ON
SeartlJe District Office 909 First A,~n~e. Suite 400 SeattlB. Washington 98104-10~I Telephone: {206~ 220-8883
Facs~.mtle: (206) 220-8911 TOO: (2061 220-6882

 
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,

2

3

4

5

6

7

8

9

UNITED STATES DISTRICT COURT

DISTRICT OF IDAHO

10

11

12 EQUAL EMPLOYMENT OPPORTUNITY
13 COMMISSION,

14

Plaintiff,

15
v.
16

17 LARRY H. MILLER CORP.

18

Defendant

) ) CASE NO. 01-301-S-EJL ) ) CONSENT DECREE AND ORDER ) DISMISSING ACTION ) ) ) ) ) ) )

----------------------------)
19
I. INTRODUCTION
20
1. This action originated with a charge of discrimination Mona Russell filed 21
with the Equal Employment Opportunity Commission ("EEOC"). The charge alleged
22
that the defendant. Larry H. Miller Corp., dba Larry Miller Ford ("Larry Miller Ford"),

23 engaged in unlawful employment practices at its Caldwell, Idaho facility in violation of
24 §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2 (Title "VII") when it sexually harassed Ms.
25

CONSENT DECREE - PAGE 1

U.S. EQ1JAI. ".MI'I.OYMENT OPPORTUNITY COM.\1ISSI0~ Seattle Dili:!ritt Offin~
909 Fir~1 Av~n~, SUil~ 40(1 Scnill~, W~jhillgl()n 98101-1061
T~leph(1n~: (!()(,) l20-688J FlI~jimil~: (206) 22.0.(,1)11
H1D. (206) 220-6882

'I '
:./

• •

1 Russell, causing her constructive discharge.

2

2. The EEOC sent the defendant a Letter of Determination with a finding

3 there was reasonable cause to believe that Ms. Russell's allegations were true.

4

3. The Commission filed this lawsuit on June 29, 2001 in the United

5 States District Court for the District of Idaho.

6

4. The parties want to conclude the claims arising out of Ms. Russell's

7 charge, the EEOC's determination, and this action without expending further resources

8 in contested litigation.

9

II. NONADMISSION OF LIABILITY AND

NON DETERMINATION BY THE COURT

10

5. This consent decree is not an adjudication or finding on the merits of

11

this case and shall not be construed as an admission by the defendant of a violation of

12

Title VII.

13

III. SETTLEMENT SCOPE

14

6. This consent decree is the final and complete resolution of all

15

allegations of unlawful employment practices contained in Mona Russell's sex

16

discrimination charge, in the EEOC's Letter of Determination, and in the complaint filed

17

in this action, including all claims by the parties for attorney fees and costs.

18

IV. MONETARY RELIEF

19

7. In settlement of this suit, the defendant agreed to pay Mona Russell the

20

lump sum amount of $30,000.00 for compensatory damages in settlement and

21

satisfaction of all claims for monetary relief in this action. In return, Ms. Russell

22

released defendant from all claims arising out of this lawsuit.

23

24

25

CONSENT DECREE - PAGE 2

u.s. EQIJAI. RMN,OYMfl.N'I' OI'I'ORTl;I\I".'Y COMMISSIUN
Seattle District Olfi~
90() ~'LI~l A~~'IIU~, Sui11l400 S"~ttl,,. W ..,hin!!Ir>1l ')111 [)4_1 (X, \
T~lephone: (206) 220··688J F~~$il'(Jil", (2{)(,) /:20-(,911 TOO: (2.06) 220_1'i~1I1

• •

1

V. INJUNCTIVE RELIEF

2

A. General Provisions

3

8. The defendant reaffirms its commitment to comply with the provisions

4 of Title VII and all other federal laws against discrimination in its employment decisions.

5 In furtherance of this commitment, it will monitor the affirmative obligations of this

6 consent decree.

7

9. The defendant will not retaliate against any current or former employee

8 for opposing any practice made unlawful by Title VII. Nor will the defendant retaliate

9 against any current or former employee for making a charge or for testifying, assisting,

10 or participating in any investigation, proceeding, or hearing associated with this action.

I 1

10. In recognition of its obligations under Title VII, the defendant will

12 institute the policies and practices set forth below.

13

B. Establishment of Policy and Procedures to Prevent Discrimination

14

11. Defendant will maintain a written equal employment opportunity policy

15 which sets forth the requirements of federal laws against employment discrimination

16 and specifically those provisions which make sexual harassment discrimination

17 unlawful.

18

12. The policy includes a statement of defendant's commitment to ensuring

19 that the practices and the conduct of its employees will comply with the requirements of

20 federal laws against employment discrimination. It includes a provision stating that

21 those who violate the policy will be subject to appropriate discipline, up to and including

22 termination.

23

13. The policy includes an internal complaint procedure for employees to

24 report suspected incidents of discrimination so that the defendant can investigate and

25 take appropriate action if it determines that any employee has violated its EEO policy.

CONSENT DECREE - PAGE 3

IT,S. EQlJAL EMPLOVMENT OPPORTUNITY C.OMMISSION Scattlt Distlict Offici:'
')1)') Fil'ST !w~I"I!1¢, !jl,it¢ .:Illn S....tde, Washington 98101··1061
Tdq.>h~rn:;, (206) ZZO-6883 FlI.C~imile: pOri) 220_(,<) II
TOD: (206) 220-6882

• •

1

14. The internal complaint procedure includes the following provisions:

2

a.

A list of the appropriate persons to whom an individual should

3 report allegations of discrimination in the workplace.

4

b.

An explanation of how to make a complaint and what an

5 investigation will involve, including informing the affected individuals of the outcome of

6 the investigation.

7

15. The defendant will submit a copy of its policy and procedures for the

8 EEOC within forty-five days of the date of entry of this decree. The defendant will

9 distribute the policy to all present and future employees, both management and non-

10 management.

11

c. Posting Notice

12

16. The defendant will post the notice attached as Exhibit 1 to this consent

13 decree. The notice shall be posted on a centrally located bulletin board in defendant's

14 Caldwell, Idaho area facilities where notices to employees are normally posted or where

15 employees will see the notice for the duration of the consent decree. The defendant

16 will also post in the same location a copy of the EEO policy referenced in paragraph 11.

17

D. Expunging Records

18

17. Defendant will not disclose any information or make references to any

19 charge of discrimination or this lawsuit in responding to employment reference requests

20 for information about Ms. Russell.

21

18. Defendant will expunge from the personnel file of Ms. Russell, and any

22 other records where such information is kept by defendant, any references to a charge

23 of discrimination against defendant and this lawsuit. If Ms. Russell wishes to do so,

24 defendant will permit her to review her personnel file within thirty (30) days after the

25 entry of this Consent Decree to insure that all such reference have been expunged.

CONSENT DECREE - PAGE 4

us, EQUAl. ":MI'I.OVMK'lT OI'I'(m.T1INITY COMMlt'iSIOI'.' Se.attle Distric,t Office I)(~) l'irsr AVfn\l~. ~llitt': 4(~)
Seattle, W;ubingtlln 9S104_1061
Tlllllplwm..: (206) 220-1588J Filuimllc: (l()(,) ~21)-(>')11
Inn: (l()(i) 1:W-(;~1I1

• •

1 Defendant will not add any information or references to Ms. Russell's personnel file or

2 records regarding her charge of discrimination and this lawsuit after such references

3 have been expunged.

4

E. Training

5

19. During the term of this consent decree, Larry Miller Ford will provide at

6 least six hours of employment discrimination training annually for its managers in

7 Caldwell, Idaho area facilities, specifically including topics related to sexual harassment.

S The first training will take place within sixty days of entry of this consent decree. The

9 second training will take place within sixty days after the one-year period following entry

10 of this consent decree. The form, and content of the training events will be subject to

11 prior review by the EEOC and the cost of training shall be borne by defendant.

12

20. The defendant will provide to the EEOC a list of attendees of the

13 training provided pursuant to paragraph 19, an evaluation form filled out and signed by

14 each attendee, and a copy of the training materials and handouts with the reports

15 required in paragraph 19.

16

F. Reporting

17

21. Six months after entry of this decree, and every six months thereafter

18 for the term of the decree, the defendant will provide a report to the Commission with

19 the following information:

20

a. Defendant Larry Miller Ford will provide a summary of any

21 complaints of employment discrimination consisting of any allegation of conduct

22 constituting a violation of laws against discrimination on the basis of age, sex, race,

23 national origin, religion, disability, color or pay disparity under the Equal Pay Act.

24

b. The report will also include copies of the attendee lists, evaluations,

25 and materials generated by the training required by paragraphs 19-20.

CONSENT DECREE - PAGE 5

U.S. EOUAL l!:;\lrLUYM~NTOI·I·Olnl.iI'TI'Y COMMISSION Seattle District Office
909 Fjr~l A~\;IIU\;, Suite 4(10 .')~~rllc. Wn~hlnBlon ')~ I (14_!1J61
T~leph(ln~: (206) 220-6883 1I~(:simil¢: (:201,) 220_(,') II
TDD: (206) 220-6882

• •

1

c. The defendant will also include in the report a statement listing the

2 other provisions of this decree that it is required to perform during the preceding period

3 and certifying that it has complied with the terms of the decree. If the defendant has

4 not complied with any term of the decree, the statement will specify the areas of

5 noncompliance, the reason for the noncompliance, and the steps taken to bring the

6 defendant into compliance.

7

VI. ENFORCEMENT

8

22. The United States District Court for the District of Idaho shall retain

9 jurisdiction over this matter for the duration of the decree. If the EEOC concludes that

10 the defendant has breached any of the above provisions, it may bring an action to

11 enforce this consent decree no sooner than thirty days after providing the defendant

12 written notification of the alleged breach. The period following the written notice will be

13 used by the parties for good faith efforts to reach agreement on how to bring the

14 defendant into compliance with the decree.

15

VII. TERMINATION OF DECREE

16

23. This decree shall be in effect for (2) two years commencing with the

17 date the decree is entered by the court. If the EEOC petitions the court and the court

18 finds the defendant to have violated the terms of this consent decree, it may

19 extend the period of this consent decree and award the Commission its costs in

20 bringing an enforcement action.

21 /I

22 /I

23

24

U 011 ' DATED this _.c.\.J.""J'.-.,-t-k_- _ day of

J.A.--- 2002.

25

CONSENT DECREE - PAGE 6

ll,~. lI,lJllAL EM.PLOYMENT OPPORTl,:]'I;ITY COMMISSION
Sr.uttlr. ()idrid (Ufil'~ 909 Fir~t Avenue, Suite 400 :;~11k. wMh,tu.;wn 9!JllJ4-1061 Telephone' (206) :zil)_(>lI~:1
Fac:;imile: (206) 220-6911 ruO: (206) 220-6882

• •

Respectfully submitted,

2 A. LUIS LUCERO, JR. Regional Attorney
3 JOHN F, STANLEY
4 Acting Supervisory Trial Attorney

GWENDOLYN REAMS Associate General Counsel

5 CARMEN FLORES Senior Trial Attorney
Bya~<~~
:
EQUAL EMPLOYMENT OPPORTUNITY 9 COMMISSION
Seattle District Office 10 909 1st Avenue, Suite 400
Seattle, Washington 98104 11 Telephone (206) 220-6892

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street, N,W, Washington, D.C. 20507

12

Attorneys for Plaintiff

\3
Candy W. Dale
14 Tamsen L. Leachman

15 BY: ________________________
16 HALL FARLEY OBERRECHT & BLANTON
17 P.O. Box 1271 Boise, ID 83701-1271
18

19

Attorneys for Defendant

20

21

22

23

24

25

CONSENT DECREE - PAGE 7

V.S. EQUAL EMPLOYMENT OPPORTVNITY COMMISSION
St:Jlttl~ ni~trid Offi(.I,~
909 Pirst A~nue, Suite 400
St~lIk, WII~lIiIlJ.:lI1n 9~lQ4-1061
'J eie!lhone' (1u6) :Z:Zl)_MI~:I Fac:;imile-. (206) 220-6911
1'1.)1): (2()(,) :l.21)_(>~1I~

. .
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FrOll-liOC liDO

toG no 6965

p.oue/01U F-8!8

GVlIENDOLYN REAMS As~;oolate General Counsel
•

EQUAl EMPLOYMENT OPPORTUNllY 9 COMMISSION
Seattle District Office 10 909 1st Avenue, Suite 400
Seattle, Washington 98104
11 Telephone (206) 220-6892

EQUAL EMPLOYMENT OPPORTUNllY
COMMISSION
OfI'ice of the General Counsel 18':11 ilL" Street, N.W.
WashIngton, D.C. 20507

12

AUomeys for Plaintiff

13 Candy W. Dale
14 Tamsen L Leachman
15 BY; £Ji;nI,
16 HALL FARLEY OBERRf;CHT & BLANTON
17 P.O. Box 1271 Boise, ID 83701-1271
18

19

Attomeys for Defendant

20

21

22

23

24

25

CONSENT DECREE· PAGE 7

us._~~OOHJIfIsS ..."I ",,S ,.._IO 0RN I00
--~~4QO
SCAld/:,. ~ "lOL1061 TdqII-K txI$:.:za...a
~cnJ~'t
ftIeIl (*) %»-6110

• •

ORDER

2

The Court having considered the foregoing stipulated agreement of the

3 parties, IT IS HEREBY ORDERED THAT the foregoing consent decree be, and the

4 same hereby is, approved as the final decree of this Court in full settlement of this

5 action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys'

6 fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing

7 the consent decree approved herein.

-d.

~

:

DATED this 20 ..... day of----,,2t"A·:.¥47 _ _ _ _ _ _, 2001":

10
11 12 13 14 15 16 17 18
19
20 21 22
23 24
25
CONSENT DECREE - PAGE 8

p
ES DI RICT JUDGE
ll.S. J!.QUAL EMPLOYMENT OPPORTlJNITV COMMISSION Scattlf Distrlcf Office
<)(1<) Fir~! A~<:r\y~" Suill.'4()O :<iea.!t1e, W~~hin!!:!on 98 104_1()(01
T~kphun~: (206) 220-6883 PII.~~imilf· (z(J(,) nO..I,')!1
TDD: (206) 220.6882

• •
NOTICE TO ALL EMPLOYEES
This notice is being posted pursuant to an agreement between LARRY H. MILLER CORP., dba LARRY MILLER FORD and the Equal Employment Opportunity CommisSion.
Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 are enforced by the EEOC and require the following:
That there be no discrimination against any employee or applicant for employment because of the employee's race, sex, color, religion, national origin, age (over age 40), or disability with respect to hiring, firing, compensation, or other terms, conditions or privileges of employment.
It is an unlawful employment practice for an employer to retaliate against any employees or applicants for employment because they have opposed a practice or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under these statutes.
Larry H. Miller Corp.,dba Larry Miller Ford will continue their training program to train managers and employees regarding the requirements of the above statutes, with particular emphasis on sexual harassment discrimination.
Larry H. Miller Corp., dba Larry Miller Ford have posted this notice because the company supports and will comply with these federal laws in all respects and will not take any retaliatory action against employees because they have exercised their rights under the law_
DATED: _____________________
LARRY H. MILLER CORP., dba LARRY MILLER FORD

•United States District Court

•

wm

for the

District of Idaho

May 21, 2002

* * CLERK'S CERTIFICATE OF MAII,ING * *

Re: 1:01-cv-00301

I certify that a copy of the attached document was mailed or faxed to the following named persons:

A Luis Lucero Jr, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061

Barbara J Standal, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 Fi,rst Ave #400 Seattle, WA 98104-1061

Carmen Flores, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104··1061

Candy W Dale, Esq.

1-208-395-8585

I~LL FARLEY OBERRECHT & BLANTON

PO Box 1271

Boise, ID 83701

_

V , _77L

Chief Judge

Judge B. Lynn Winmill Edward J. Lodge

-'7Chief Magistrate Judge Larry M. Boyle

-----Magistrate Judge Mikel H. Williams

Date:

Cameron S. Burke, Clerk

BY:

~J}f]1
( epuey

Clerk)

 
 District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?934283148877289-L_35...

JURY, NDPLMB, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Boise)
CIVIL DOCKET FOR CASE #: 1:01-cv-00301-EJL

EEOC v. Larry H Miller Corp Assigned to: Honorable Edward J. Lodge Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
1 of 4

Date Filed: 06/29/2001 Date Terminated: 05/21/2002 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara J Standal US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carmen Flores US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Freeman Stanley US EQUAL EMPLOYMENT
6/6/2007 10:57 AM

District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?934283148877289-L_35...

V. Defendant Larry H Miller Corporation

OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: john.stanley@eeoc.gov TERMINATED: 02/20/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Candy W Dale HALL FARLEY OBERRECHT & BLANTON PO Box 1271 Boise, ID 83701-1271 (208) 395-8500 Fax: 1-208-395-8585 Email: cwd@hallfarley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul J Augustine Paul J. Augustine, PLLC PO Box 1521 Boise, ID 83701-1271 (208) 367-9400 Fax: 1-208-947-0014 Email: pja@augustinelaw.com TERMINATED: 01/28/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
06/29/2001 06/29/2001
07/27/2001
07/27/2001 08/06/2001

#

Docket Text

1 COMPLAINT and Demand for Jury Trial (Summons(es) issued) (msb)
2 NOTICE of Assignment to Magistrate and Requirement for Consent sent to counsel for plaintiff re complaint [1-1] (msb)
3 OBJECTION TO MAGISTRATE AND REASSIGNMENT of case to Honorable Edward J. Lodge (cc: all counsel) (SEALED) (wm)
4 NOTICE of change of case number (wm)
5 ANSWER by def; jury demand (wm) (Entered: 08/07/2001)

2 of 4

6/6/2007 10:57 AM

District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?934283148877289-L_35...

08/07/2001 08/16/2001
09/06/2001 09/11/2001
10/01/2001 10/03/2001
10/03/2001 11/21/2001 01/28/2002
02/01/2002 02/07/2002 02/20/2002
03/12/2002 03/20/2002
04/25/2002 04/26/2002 05/21/2002

6 NOTICE of Availability of Magistrate and Requirement for Consent sent to counsel for def re answer [5-1] (wm)
7 LITIGATION ORDER by Honorable Edward J. Lodge ; Teleconf set for 10/2/01 at 9:30 am MST (cc: all counsel) (ja) Modified on 08/17/2001 (Entered: 08/17/2001)
8 JOINT MOTION by pla to extend deadlines for filing litigation plan and providing initial disclosures (wm) (Entered: 09/07/2001)
9 ORDER by Honorable Edward J. Lodge granting motion to extend deadlines for filing litigation plan and providing initial disclosures [8-1] ; Teleconf set for 10/16/01 10:00 (cc: all counsel) (dkh)
10 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by pla (wm) (Entered: 10/02/2001)
11 SCHEDULING ORDER by Honorable Edward J. Lodge ; Telephonic Status Conference vacated ; Discovery ddl set for 4/29/02 ; Jury Trial set for 11/5/02 at 9:30 Non-dispositive pretrial matters are referred to Judge Larry M. Boyle (cc: all counsel) (wm)
12 ORDER REFERRING CASE TO MEDIATION by Honorable Edward J. Lodge : (cc: all counsel) (wm)
13 STIPULATION FOR PROTECTIVE ORDER AND ORDER by Judge Larry M. Boyle : (cc: all counsel) (wm)
14 NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney Paul J Augustine for Larry H Miller Corp and substituting attorney Candy W Dale (wm) (Entered: 01/29/2002)
15 MOTION by pla for entry of order to extend deadlines (wm) (Entered: 02/04/2002)
16 ORDER by Judge Larry M. Boyle granting motion for entry of order to extend deadlines [15-1] ; Discovery ddl extended 6/14/02 (cc: all counsel) (wm)
17 NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney John F Stanley for EEOC and substituting attorney Carmen Flores (wm) (Entered: 02/21/2002)
18 JOINT MOTION by pla and def requesting entry of order extending amendment and joinder deadline (ja) (Entered: 03/14/2002)
19 ORDER by Judge Larry M. Boyle granting motion requesting entry of order extending amendment and joinder deadline [18-1] DDL 4/30/02 (cc: all counsel) (dkh)
20 ADR CONFERENCE REPORT by pla (wm) (Entered: 05/06/2002)
cv per counsel case settled - settlement documents forthcoming (cv)
21 CONSENT DECREE AND ORDER DISMISSING ACTION by Honorable Edward J. Lodge dismissing case (cc: all counsel) (wm)

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