IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CIRCLE S STORES, INC., and CIRCLE S GROCERY, INC., d/b/a CIRCLE S GROCERY STORE,
Defendants.

)

)

)

)

)

CIV.

)

)

)

COMPLAINT

)

JURY TRIAL DEMAND

)

)

)

)

)

NATURE OF THE ACTION

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

of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to

Myron Smith and a class of men, including at least Michael Hanley and Peter Cergizan, who were

adversely affected by such practices. The Commission alleges that Defendants Circle S Stores, Inc., and

Circle S Grocery, Inc., d/b/a Circle S Grocery Store (“Circle S”) failed or refused to hire Myron Smith

and a class of men for cashier/clerk positions because of their sex. The Commission also alleges that Circle

S failed to make and preserve employment records as required by Section 709(c) of Title VII.

JURISDICTION AND VENUE

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

1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) 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 District of New Mexico.

PARTIES

3. Plaintiff, the EqualEmployment OpportunityCommission(the "Commission"),is the agency

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

VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C.

§ 2000e-5(f)(1) and (3).

4. At all relevant times, Defendants (the “Employer”), have continuously been New Mexico

corporations doing business in the State of New Mexico and the cities of Bloomfield and Farmington as

Circle S convenience and liquor stores, and have continuously had at least 15 employees.

5.

At all relevant times, Defendants have continuously been an employer engaged in an

industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§

2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Myron Smith

filed a charge of discrimination with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least July 1, 2001, Circle S has engaged in unlawful employment practices at its New Mexico convenience and retail liquor stores, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-(a). These unlawful employment practices include failing or refusing to hire Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan, for cashier/clerk positions because of their sex.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Myron Smith and a class of males of equal employment opportunities and otherwise adversely affect their status as applicants for employment because of their sex.
9. Since at least July 1, 2001, Defendants have failed, in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed, including failing to preserve employment applications as required by law.
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice and/or reckless indifference to the federally protected rights of Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan,
PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunctionenjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in practices that deny employment opportunities to persons based on sex and any other employment practice which discriminates on the basis of sex. B. Order Defendantsto instituteand carryout policies, practices, and programs whichprovide equal employment opportunities for men, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to make whole Myron Smith and a class of males, 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, including but not limited to rightful-place hiring and front pay for Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan. D. Order Defendants to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed. E. Order Defendants to make whole Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search expenses, in amounts to be determined at trial.

F. Order Defendants to make whole Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan, by providing compensation for past and future nonpecuniary losses resultingfromthe unlawfulpractices complainedof in paragraph 7 above, including emotionalpain, suffering inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, in amounts to be determined at trial.
G. Order Defendants to pay Myron Smith and a class of males, including at least Michael Hanley and Peter Cergizan, punitive damages for its malicious and/or reckless disregard of their federally protected rights, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest. I. Award the Commission its costs of this action.
JURY DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. DATED this day of June 2004.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION 1801 L Street, NW Washington, D.C. 20507
Filed Electronically MARY JO O’NEILL Regional Attorney
Filed Electronically C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012
Filed Electronically LORETTA MEDINA Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230
Attorneys for Plaintiff

 
 'i .

___ ',1-1 ~O -

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UNI+I,I~ ST~r!O!3 filS fillP GGUAT ALlJIJOUI:HOlJf. t~i:"'iVMEXICO -

DEC 0 5 2005
TN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICOMATTH EW J. DYKMAN
tt[:F{1(

EQUAL EMPLOYMENT OPPORTUNIT'{ COMMISSION,
Plaintiff,
v.
CIRCLE S STORES, ~c., and CIRCLE S GROCERY. INC., d/b/a CTRCLE S GROCERY STORE,
Defendants.

~O. CIV 04-00716 WJ/DJS

CONSENT DECREE The United States Equal Employment Opportunity Commission ("the Commission" or "EEOC') filed this action against Circles S Stores, Inc., and Circle S Grocery, Inc.; d/b/a Circle S Grocery Store ("Circle S"), to enforce Title VII of the Civil Rights Act of 1964, 42U.S.C. §2000e el seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §198Ia. In the Commission's Complaint, the Commission alleges that Cirde S failed or refused to hire Charging Party Myron Smith and a class of men for cashier/clerk positions because of their sex. The Commission also alleges that Circle S failed to make and preserve employment records as required by Section 709(c) of Title VII. This Decree does not constitute an admission of liability by Circle S. nor an adjudication on the merits of the allegations in the Complaint. The Parties do not object to the jurisdiction of the Court over this action and waive their rights to ajury trial.

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In the interest of resolving this matter, and as a result of having engaged in comprchcnsivc settlement negotiations, the Parties have agrecd that this action should be finally resolvcd by entry of this Decree.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED: I. This Decree resolves all claims asserted by the Commission on behalf of Myron Smith, Michael Hanley, Petcr Cergizan, Joseph Garcia, Randy Lovell, Nathan Castiana, Japeth Morgan. and David Montoya. idcntitied as having claims against Circle S, including claims for back pay, compensatory and punitive damages, interest, injunctive reliee attorneys' fees and costs arising out of the issues in this lawsuit.
INJUNCTIVE RELIEF 2. Circle S, its1officers. agents, cmployees, successors. assigns and all persons in
I active concert or participation with it, arc cnjoined for the duration of this Decree from cngaging in or following any policy, act or practice which has the effect of discriminating against any individual, applicant or employee on account of his or her sex or gendcr and in
violation of Title vn. This injunction will remain in effect for the duration of the Decree at
any facility opcratcd by Circle S in New Mexico. 3. Circle S, its officers. agcnts, cmployees. successors, assigns and all persons in
active concert or participation with it, are enjoined for the duration of the Decree from· violating Title VII by failing or refusing to recruit, consider, and hire males for positions of clerk or cashicr becausc of thcir scx.
4. Circle S, its of1lcers, agents, employees, successors, assigns and all persons in active concert or participation with it, arc cnjoined for the duration of the Decrcc from
2

; .
retaliating against Myron Smith, Michael Hanley, Peter Cergizan, Joseph Garcia, Randy Lovell, Nathan Castiana, Japeth Morgan, and David Montoya, or any witnesses in this casc for filing a charge of employmcnt discrimination or for participating, assisting or tcstifying in this action.
5. Circle S, its officers, agents, employees, successors, assigns and all pcrsons in activc concert or participation with it, arc hercby ordered to make and prescrve all records relevant to the determination of whether unlawful employment practices have been or are being committed in accordance with the provisions of Section 709(c) of Title VII.
RELIEF TO CHARGING PARTY AND TilE CLASS G. Circle S agrees to pay sixty thousand dollars (560,000.00) (the "Settlement Amount") to resolve this lawsuit. The Commission retains the discretion to detennine the amounts of the Settlement Amount to be distributed by Circle S to Charging Party Myron Smith, Michael Hanlcy, Peter Cergizan, Joseph Garcia, Randy Lovell, Nathan Castiana, Japeth ~organ, and David Montoya. Within ten (10) days after this Consent Decree is entered by thc Court, Circle S shall mail. via certified mail, checks payable to the Charging Party Myron Smith, Michael Hanley, Peter Cergizan, Joseph Garcia, Randy Lovell, Nathan. Castiana, Japcth Morgan, and David Montoya, at the addresses provided by the Commission and in the amounts designated by the Commission. Circle S shall issue all claimants a Fonn 1099 for their respective amounts designated as compensation for compensatory damages. Within five (5) days of issuance of the checks required by this Decree, Circle S will submit a copy of the checks and related correspondcnce to the Regional Attorney, Equal Employment
3

; .
Opportunity Commission, Albuquerque Area Office, 505 Marquette NW, Suite. 900,
;
Albuquerque, ~ew Mexico 87102. CIRCLE S' CORRECTIVE POLICIES AND PRACTICES
7. Circle S reaffirms that it shall maintain and carry out policies and practices that promote a work environment free from sex or gender discrimination. To .assist Circle S in its effort to provide a work environment free of sex or gcnder discrimination. Circle S shall take the actions provided for in Paragraphs 8 through 12 helow.
8. Within thirty (30) days of the entry of this Decree, Circle S shall review its existing polices on sex' discrimination and its existing policies relating to recruiting, screening, considering, and hiring applicants for employment. Within forty-five. (45) days of the cntry of this Decree, Circle S will make any changes necessary to assure ihat its policies and procedures comply with Title VII and do not contain any provisions that would discourage males from making application for available cashier or clerk positions at Circle S. Within sixty, (60) days of the entry of this Decree, Circle S shall revisc tlic policies and procedurcs on sex discrimination, recruiting, screening, considering and hiring applicants for employment and shall distribute the policies and procedures to all Circle S employees, incl~ding all individuals with responsibility for recruiting, screening and hiring applicants for: employment. Circle S will assure that any revised policies and procedures, at a mininllllil, shall include provisions il1corporating the following:.
A. A statement notifying applicanis and employees that Circle S is an equal opportunity employer ana that all employment decisions, including hiring decisions, will be made by Circle S witl;out regard to sex, race, color, religion or national origin;
4

· .
B. A statcment that it is not the policy or practice of Circle S to exclude males from thc clerk or cashier' positions; and
C. A statement notifying applicants, employees and managers that Circle Swill take appropriate disciplinary action against any individual who deprives individuals of equal employment opportunities or who otherwise violates Circle S policies and procedures for nondiscriminatory rccruiting, screening, considering, and hiring.
RECRUITMENT 9. In addition to the commitment or Circle S as stated in Paragraph 7 of this Consent Decree, Circle S will endeavor to increase diversity in its workforce by undertaking recruitment activities that will assure that its policics providing for equal employment opportunity in the recruitment, screening, consideration and hiring of applicants for employment have thc widest possible disscmination. In attempting to increase male representation in its workforce. Circle S will not be required to incrcase its pay scale for the positions of cashier/clerk. Circle S will also voluntarily take the following actions: A. Every six (6) months for the duration of this Decrcc, Circle S will place an advertisement in the Farmington newspaper with the largest circulation describing that Circle S is an equal employment opportunity employer and that employmcnt decisions at Circle S, including hiring decisions, are made without regard to sex. race, color. religion, national origin or any other status protected by law; and B. Additionally, each time Circle S uses newspaper advertiscmcnt to announcc a job opcning, Circle S will assure that its job announcements as advertiscd include a
5

"
statement that Circle S is an equal employment opportunity employer and that all applications are received, screened, and considered without regard to an individual's sex, race, color, religion, national origin or any othcr status protected by law.
TRAINING 10, To assist Circle S in its efforts to comply with Title VII, Circle Swill providc training on Title VII prohibitions relating to sex discrimination and Circle S nondiscriminatory policies and procedures relating to hiring, according to the following terms: A. Circle S will provide and pay for a trainer or trainers who shall provide consultation and training for one seminar-training session for employees each year this Decrce is in effect. lfavailable, Circle S may use qualified trainers provided at no cost by the New Mexico ('(uman Rights Division. All Circle S employees in the State of New Mexico shall attend this annual employee training which shall bc at least two hours in duration. Videotaped or duplicative sessions may be used to satisfy the Decree's requirements related to employee training. Circle S shall be responsible for any additional costs to provide such duplicative sessions. B. Circle S shall also assure that each owner, manager and other personnel with responsibility for hiring in Circle S facilities attends a separate and additional annual training session specifically designed for hiring officials of Circle S. This hiring official training shall include not only prohibitions on discrimination in employment, but shall also include discussion of Circle S efforts to recruit males for positions of cashier/clerk. The hiring official training shall be a minimum of two hours in duration and it must be
6

provided at least oncej, each year for the duration of this Decree. Duplicate or
videotaped sessions may be held to accommodate stafting needs. Circle S shall be responsible for any additional costs to provide such duplicative sessions.
C. The first seminar-training sessions for all employees shall be conducted wit h i n three (3) months of the entry of this Decree. Seminar-training sessions in subsequent years may be held at Circle S' convenience; provided, however, that Circle S must certify to the Commission that all employee training was conducted at least once each year of this Decree.
D. The first seminar-training session for hiring officials shall he conducted within three (3) months of the entry of this Decree. Hiring official training in the subsequent years of this Decree shall occur within one year of the prior training and in the last year of the Decree such training must occur at least six (6) months prior to expiration of the Decree.
E. The trainer(s) .providing training to employees and hiring otlicials pursuant to this Decree shall be a person(s) acceptable to the Commission. Circle S shall submit the name(s), addressees), telephone number(s), and rcsumc(s) of the proposed trainer(s), together with the dates of the proposed seminar-training sessions and the dctails of the contcnts of the training, to the Regional Attorney of the Albuquerque Area Office of the Equal Employmcnt Opportunity Commission within thirty (30) days of the cntry of this Decrec. Thc Commission shall have thirty (30) days from the date of reccipt of the information described above to accept or rejcct the proposed trainer and/or the contents of the training. In the event the Commission docs not approve the designated trainer, the Commission shall designate the trainer, who shall be paid by Circle S at a cost not to exceed
7

------------------------------------....
S I,000.00 per seminar-training session. In subsequent years, the Commission shall be given the training information and identity of trainer at least sixty (60) days before the scheduled seminar-training session..
F. All employees designated in Paragraph 10(A) and (8) shall both register and attend the seminar-training session(s) as required in Paragraph 10(A) and (B). The registry(s) of attendance shall bc retained by Circle S for the duration of the Decree.
G. The training shall include the subject of what constitutes sex discrimination in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment in violation ofTitlc VII and how to prevent sex discrimination in hiring, firing, and all other terms, conditions or privileges of employment.
H. Within ten (10) days of their hire, Circle S' new management employees and/hiring officials in New Mexico shall attend any seminar-training sessions required by this Decree; such employees hired after the seminar-training sessions are presented shall view a video tape of the training and/or a professional training tape which covers the topics set forth in Paragraph 10 (G) and shall be given any written material disseminated at the seminar-training sessions for the duration of this Decree.
II. The Commission, at its discretion, may designate Commission representatives to attend and participate in the seminar-training sessions described above, and the representatives shall have the right to attend and fully participate in the sessions.
12. Circle S shall post within thirty (30) days of the entry of this Consent Decree and continuously for a period of thirty-six (36) months, in prominent places frequented by applicants for employment and employees of Circle S' New Mexico facilities, the
8

Notice attached to this Decree as Exhibit A. This Notice shall be thc same type, style
and size as in Exhibit I'i.. At each training session for managers or hiring officials held
pursuant to this Decree, this Notice shall be distributed to attendees. REPORTING BY CIRCLE SAND ACn:SS BY EEOC
13.Circle S shall:report in writing and in affidavit form to the Regional Attorney of the Commission's Albuquerque Area Office at 505 Marquette NW, Suite 900, Albuqucrque, I\cw Mexico 87102, beginning six (6) months from the date of the entry of this Decree, and thereafter every six (6) months for the duration of the Decree, the following information:
A. The chang~s.. modifications, revocations, or reVISIOns to its policies and procedures that concern or affect the subject of employment discrimination, including
;
gender discrimination and nondiscriminatory recruitment, scre.ening and hiring; B. Thc registries of employees and hiring officials attending each of the seminar-
training sessions required in Paragraph 10 of this Decree and a list of current employees and hiring officials who are employed on the day of the seminar-training session;
C. A written report indicating the following information for the period of the report: I. the number of male applicants for clerk or cashier positions during the
reporting period; 2. the number of male applicants for clerk or cashier positions who were
interviewed for clerk or cashier positions during the reporting period;
9

3. the number or male applicants ror clerk or cashier positions who were offered clerk or cashier positions during the reporting period but who declined such offers; and
4. the number of male applicants ror clerk or cashier positions who were actually hired ror clerk or cashier positions during the reporting period. D. An Affidavit signed by the highest-ranking Circle S managerial official that the Notice required by Paragraph 12 of this Decree was posted for the relevant reporting period. 14. The Commission. upon reasonable notice to Circle S, shall have the right to enter and inspect the racilities of Circle S to ensure compliance with this Decrce and rcderal antidiscrimination laws.
COSTS AND DURATION 15. Each party shall bear its costs and altorney's fees incurred as a result of this action through the filing or this Decree. 16. The duration of this Decree shall be three (3) years rrom its entry. This COl\l'i shall retain jurisdiction or this action ror the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that Circle S has not complied with this Decree, appropriate relier, including extension or this Decree for such period as may be necessary to remedy its non-compliance, may be ordered. 17. This Decree shall expire by its own terms at the end of three (3) years after entry, without further action by the parties.
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18. The parties agree to entry of this Decree and judgment subject to final approval by the Court.
ENTERED AND 9RDERED this :;'1"-- day 0 f ----'~'-----=-=:...:..::.ir-__=:;;=_--,
2005.

W LlAM P. JOHNSO U. S. DISTRICT JUDG
APPROVED AND CONSENTED TO THIS ~DAY O~~., 2005.

JAMES L. LEE Deputy Gencral Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW ~:shington, D.C. 20507 .
~~~~1fhQ~" PrA:/\

Rcgional Attorney
{;Jl~~Sl Lt'CA IV'-

C EMANUEL SMITH

I

Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 ~orth Central Avenue, Suite 690 Phoenix, Arizona 85012 (602) 640-5020

II

f.V\pk~
Loretta Medina Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 505 Marquette, NW, Suite 900 Albuquerquc, New Mexico 87102 (505248-5231 Attorneys for EEOC GILKEY & STEPHENSOr-;, P.A.
arbara G. Stephenson, sq. Post Office Box 25566 500 Marquette NW, #505 Albuquerque, NM 87125-0566 (505) 242-4466 Attorncys for Circle S
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... . ..
NOTICE TO ALL EMPLOYEES OF CIRCLE S STORES
This Notice is posted pursuant to a Consent Deerec cntered into betwecn Circle S Stores, Inc., and Circle S Grocery, Inc., and the Equal Employment Opportunity Commission (EEOC) in the matter of EEOC 1'. Circle S, CIV-04-716 WJ/DJS in the United States District Court for the District of New Mexico.
It is unlawful under the fcdcrallaw (Title VII of the Civil Rights Act or 1964) and state law to discriminate against an employee on the basis of sex, either male or female, in hiring, firing, compensation or other temls, and conditions or privileges of employment.
Circle S prohibits all forms of sex discrimination, including any policy, practice, or act which under Title VII discriminates or has the effect of discriminating against any individual, applicant or employee because of his or her sex or gender.
Circle S shall not discriminate on the basis of sex and shall not retaliate against any individual who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation under Title VII, or who files a grievance alleging discrimination.
If you believe you are being discriminated against or retaliated against, you should report this to the Circle S designated investigative officer at your workplace who may be contacted at _ _ _ _ _ _ _ _ _ _ _ __
If you believe you have been discriminated against or retaliated against by Circle S, you always have the right to seek assistance from:
(I) Equal Employment Opportunity Commission (EEOC), 505 Marquelle, Suite 900, Albuquerque, New Mexico 87102, (505) 248-5201.
or
(2) The New Mexico Department of Labor, 1·luman Rights Division, 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87505, (505) 827-6838.
You have the right to file a charge with the EEOC or the Department of Labor if you believe you are being discriminated against.
EXHIBIT A
13

 
 .i

IN THE UNITED STATES DISTRICT COURT FEB 013 2006 FOR THE DISTRICT OF NEW MEXI~AfTHEW J. DYKMAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff.

. .

! CtE81<

!

!

v.

CIV NO. 04-00716WJ/DJS

CIRCLE S STORES, INC., and CIRCLE S GROCERY, INC., d/b/a CIRCLE S GROCERY STORE.

. . ,"

~.

Defendants.

AMENDED CONSENT DECREE..

.

>

\'''(

I"

COME NOW the parties and hereby submit this Ainended Consent Decree.

opportuni~y The United States Equal Employment

commissio1n ("the Commission" or

I
"EEOC") filed this action against Circles S Stores, Inc., and Circle S Grocery, Inc., d/b/a Circle.

S Grocery Store ("Circle S") to enforce Title VII of the Civil Rights Act of 1964,42 U.S.c.
I
§2000e el seq. (Title VII) and the Civil Rights Act of 1991, 42.rS.C. §198Ia. In the ,
. ·. " Commission's Complaint, the Commission alleges that Circle S failed' or refused to hire ~·ff:>~
Charging Party Myron Smith and a class of men for cashier/clerk positions'because of their sex.
The Commission also alleges that Circle S failed to make and preservb e~lployment records as

required by Section 709(c) of Title VII.

;"

This Decree does not constitute an admission of liability by CirCle S, nor an adjudication
!
on the merits of the allegations in the Complaint. The Parties do not ooject to the jurisdiction of

the Court over this action and waive their rights to ajury trial.

In the interest of resolving this matter," and as a result: of having engaged in

.

. .

..

comprehensive settlement negotiations, the Parties have agreed that this action should be finally

resolved by entry ofthis Decree.

IT IS HEREBY ORDERED, ADJUDm~D AND DECREED:~

I. This Decree resolves all claims asserted by the Commission on behalfof

Myron Smith, Michael Hanley, Peter Cergizan, Joseph Garcia, Randy Lovell, Japeth Morgan,

"

""

and David Montoya,:jdentified as having claims against Circle S, includi:ng claims for back

pay,

compensator.v

and

punitive

damages,

interest, "

injlinctive

relief,

attorneys' "

fees

and

costs

arising oui of the issues in this lawsuit.

.'.

.

IN,JUNCTIVE RELIEF

2. Circle S, its officers, agents; employees, successors, assigns and all persons 111

active concert or participation with it, are enjoined for the duration of this decree from engaging
in or following "any" policy, act or practice which "has -the -eiTect of discriminating against any

individual, applicant or employee on accollnt of his or her sex or gender and in violatiori of Title VII.
:
This injunction will remain in effect for the duratiori of the Decree at any facility operated by

Circle S in New Mexico.

3. Circle S, its officers, agents, employees, Sllccessors, assigns and all persons 111

active concert or participation with it, are enjoined for the duration of the Decree frori] violating

Title Vll by failing or refusing to recruit, consider, and hire males for positions of clerk or

cashier because of their sex.

4. Circle S, its officers, agents, employees, successors, assigns and all persons 111 active concert or participation with it, are enjoined for the duration of t~e Decree from retaliating

2

against Myron Smith, Michael Hanley, Peter Cergizan, Joseph Garcia, Randy Lovell, Japeth
a i
Morgan, and David Montoya, or any witnesses in this case for filing charge of employment

discrimination or for participating, assisting or testifying in this actiol.
I
5. Circle S, its officers, agents, employees, successors, adsigns and all persons in

active concert or participation with it, are hereby ordered to make and preserve all records

practice~ relevant to the detennination of whether unlawful employment

have been or are being

I
committed in accordance with the provisions of Section 709(c) of Title \:,11.
;

RELIEf<' TO CHARGING PARTY AND THE CI~ASS

6. Circle S agrees to pay sixty thousand dollars ($60,0'00.00) (the "Settlement

Amount") to resolve this lawsuit. The Commission retains the diJretion to detennine the
I
amounts of the Settlement Amount to be distributed by Circle S to Charging Party Myron Smith,

Michael Hanley, Peter Cergizan, Joseph Garcia, Randy Lovell, Japeth Morgan, and David

Montoya. Circle S has made distributions to these individuals in acbord with Exhibit B via

I

.

checks made payable to the Charging Party Myron Smith, Michael ,Hanley, Peter Cergizan,

Joseph Garcia, Randy Lovell, Japeth Morgan and David Montoya in the amounts designated by

the Commission. Circle S shall issue all claimants a Fonn 1099 for their respective amounts

designated as compensation for compensatory damages. Within five dlys of issuance of all of
I
! the checks required by this Decree, Circle S will submit a copy on the checks and related

correspondence to the Regional Attomey, Equal Employment Opportunity Commission,
;
Albuquerque Area Office, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102.
PR~CTICES DEFENDANT'S CORRECTIVE POLICIES AND

7. Circle S reaffirms that it shall maintain and carry out policies and practices that

3

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,
promote a work environment free from sex or gender discrimination. To assist Circle S in

their effort to provide a work environment free of sex or gender discrimination, Circle S shall
;
take the actions provided for in Paragraphs 8 through 12 below. All deadlines provided for in
I
I Paragraphs 8 through 17 below shall be calculated from December 5·, 2005, the date of cntry

of the original Consent Decree in this case.
,
8. Within thirty (30) days of the entry of this Decree, Circle S shall review its

existing polices on sex discrimination and its existing policies relating to recruiting.

screening, considering, and hiring applicants for employment. Within forty-five (45) days of
t~ the entry of this decree, Circle S will make any changes necessary assure that its policies

and procedures comply with Title VII and do not contain any provisions that would

discourage males from making application for available cashier or clerk positions at Circle S.
, !
Within sixty (60) days of the entry of this Decree, Circle S shall~ revise the policies and

procedures on sex discrimination, recruiting, screening, considering and hiring applicants for
employment and shall distribute the policies and procedures to ~II Circle S employees,

including all individuals with responsibility for recruiting, screening lnd hiring applicants for

employment. Circle S will assure that any revised policies and prLedures, at a minimum,

, I

shall include provisions incorporating the following:

!

A. A statement notifying applicants and employees that Circle S is an

equal opportunity employer and that all employment decisions, including hiring
I
decisions will be made by Circle S without. regard to sex, race, color, religion or

national origin;

4

B. A statement that it is not the policy or practice of Circle S to exclude males from the clerk or cashier positions; and
C. A statement notifying applicants, employees and managers that Circle S
I WI·11 tak·e appropri.ate dIS·C·IP I·mary actI.On agam. st any 1. 0ct·IV·IduaI wh0 deprl.ves
individuals of equal employment opportunities or who othJrwise violates Circle S I
policies and procedures for nondiscriminatory recruiting, scrhening, considering, and
;
hiring.
RECRUITMENT
9. In addition to the commitment of Circle Sas stated in Paragraph 7 of this
Consent Decree, Circle S will endeavor to increase diversity in its workforce by
undertaking recruitment activities that will assure that its policies providing for equal
employment opportunity in the recruitment, screening, consideration and hiring of
!
applicants for employment have the widest possible disseminati,on. In attempting to
increase male representation in its workforce, Circle S will not be required to increase its
. -.'
pay scale for the positions of cashier/clerk. Circle S wili also voluntarily take the following
actions:
A. Every six months for the duration of this Decree, Circle S will place an
advertisement in the Farmington newspaper with the largest ciLulation describing that
I
I
Circle S is an equal employment opportunity employer and tha,t employment decisions
I at Circle S, including hiring decisions, are made without regard to sex, race, color,
religion, national origin or any other status protected by law; and
5

B. Additionally, each time Circle S uses newspaper advertisement to

announce a job opening. Circle S will assure that its job announcements as advertised

include a statemcnt that Circle S is an equal employment opportunity employer and
I
that all applications are received, screened, and considered without regard to an

individual's sex, race, color, religion, national origin or any lther status protected by

!

Jaw.

!

TRAINING

10. To assist Circle S in its efforts to comply with Title VII, Circle S will provide

training on Title VII prohibitions relating to sex discrimination and Circle S

nondiscriminatory policies and procedures relating to hiring, aCCLding to the following

te.nns:

I

A. Circle S will provide and pay for a trainer or tra,iners who shall provide

consultation and training for one seminar-training session for eillployees each year this

decree is in effect. If available, Circle S may usc qualified trainers provided at no cost

by the New Mexico Human Rights Division. All Circle S eiPloyees in the state of

New Mexico shall attend this annual employee training whilh shall be at least two
I
hours in duration. Videotaped or duplicative sessions may! be used to satisfy the

Decree's requirements related to employee training. Circle S shall be responsible for

any additional costs to provide such duplicative sessions. ,

B.

owne~, Circle S shall also assure that each

manager and other

personnel with rcsponsibility for hiring in Circle S facilitiesl attends a separate and
I
additional annual training session specifically designed for hiring officials of Circle

6

s. This hiring official training shall include not only prohibitions on discrimination !
in employment but shall also include discussion of Circle S ,¢, fforts to recruit males
for positions of cashier/clerk. The hiring official training shall be a minimum of two

hours in duration and it must be provided at least once each year for the duration of

this Decree. Duplicate or videotaped sessions may be held t? accommodate staffing
,
needs. Circle S shall be responsible for any additiomil :costs to provide such

duplicative sessions.

C. The first seminar-training sessIOns for all employees shall be

conducted with i n three months of the entry of this Decree. Seminar-training sessions
I
in subsequent years may be held at Circle S convenience, provided, however, that Circle
;
S must certi fy to the Commission that all employee training was conducted at least once

each year of this Decree.

D. The first seminar-training session for hiring offiCials shall be conducted

.

I

i

within three months of the entry of this Decree. Hiring official t~aining in the subsequent

years of this Decree shall occur within one-year of the prior traihing and in the last year

of the Decree such training must occur at least six months plor to expiration of the
I
Decree.
I
E. The trainer(s) providing training to employees and hiring officials

pursuant to this Decree shall be a person(s) acceptable to the Commission. The

Defendant shall submit the name(sj, address(es), telephone number(s), and resume(sj of
the proposed trainer(s) together with the dates of the proposed s~minar-training sessions !
and the details of the contents of the training to the Re~ional Attorney of the

7

Albuquerque Area Office or the Equal Employment Opportul~ity Commission within

thirty days of the entry of this decrce. The Commission shall have thirty days from the

date of receipt of the information described above to accept or reject the proposed trainer

and/or the conterits of the training. Intheevcnt the Commission docs not approve the

designated trainer, the Commission shall designate the trainer, ~ho shall be :paid by the

Defendant at a cost not to exceed S1000.00 per seminar-training session. In'subsequent years the Commission shall be given the training information ~nd identity or trainer at

least sixty (6i) days before the scheduled seminar-training session.

F. All employees designated in P,iragraphs 10(A) and (8) shall both register

and attend the seminar-training session(sLas'. required" in Paragraphs A and 8. The

registry(s) ofattendance shall be retained by the Defendant lor the duration of the decree.
G.' : The training shall include the ~llbject of' what constitutes sex

discrimination in the hiring, firing, compensation, assignmcnt or other terms~ conditions

or privileges of 'employment in violation of Title VII and how to prevent sex
, discrimination in hiring, firing, and all othertei111s, conditions or privileges of

employment.,
H. Within ten 11 0) days of'their: hire, Derendant's new management

employees' and/hiring officials in New Mexico, shall attend any seminar-training

sessions required by this decree; such employees hired after the seminar-training

sessions

arc ,presented ,

shall

view

a

video ..tape

of

the

training

and/or

a

professio- nal

training tape which covers the topics set rorth in 10«(;) and shall be given any written

material disseminated at the seminar-training sessions, for the dLiration of this decree.

8

,
II. The Commission, at its discretion, may designate Commission representatives to attend and parti.cI.pate m. the semm. ar-tram. l.llg sessI.Ons deSCIf'lbed above, and the
representatives shall have the right to attend and fully participate in th'e sessions.
12. Circle S shall post within thirty (30) days orthe entry Jthis Consent Decree
I
and continuously for a period of thirty-six months, in prominent places frequented by
applicants for employment and employees of Defendant's New Mexico facilitics, the Notice
attached to this Decree as Exhibit A. This Notice shall be the same t1ype, style and size as in
Exhibit A. At each training session for Managers or hiring officials held pursuant to this
Decree this Notice shall be distributed to attendees.
I
REPORTING BY DEFENDANT AND ACCESS BY EEOC
13. Circle S shall report in writing and in affidavit form to the Regional
Attorney of the Commission's Albuquerque Area Office at 505 Ma~quette NW, Suite 900,
I
Albuquerque, New Mexico 87102, beginning six months from the date of the entry of this
decree, and thereafter every six months for the duration of the decree the following
information: A. The changes, modifications, revocations, or revisions to its policies and
procedures that concern or affect the subject of employment discrimination, including
gender discrimination and nondiscriminatory recruitment, scrJning and hiring;
B. The registries of employees and hiring officials attending each of the
seminar-training sessions required in paragraph 10 of this decJee and a list of current
I
employees and hiring officials who arc employed on the day' of the seminar-training
sessIOn;
9

c.
report:

i
A written report indicating the following infonnation for the period of the I

I.

J the number of male applicants for clerk cashier positions during

the reporting period;

2. the number of malc applicants for clerk or cashier positions who
I
were intervicwcd for clerk or cashier positions during the rcporting pcriod;

3.

~r the number of male applicants for clerk cashier positions who

were offered clerk or cashier positions during the reporting period but who
I ,
declined such offers; and

4.

the number of male applicants for clerk ~r cashier positions who

were actually hired for clerk or cashier positions during the reporting period; and
I
D. An Affidavit signed by the highest-ranking Circle S managerial official
I that the Notice required by Paragraph 12 of this Decree was posted for the relevant I
reporting period.
. I
14. The Commission, upon reasonable notice to Circle S shall have the right to enter

and inspect the facilities of Circle S to ensure compliance with this 'decree and fcderal anti-

discrimination laws.

COSTS AND DURATION
i
15. Each party shall bear its costs and attorney's fees incurred as a result of this

action through the filing of this decree.

16. The duration of this Decree shall be three (3) years from its entry. This Court i
shall retain jurisdiction of this action for the duration of the decree, durin~ which the Commission

10

may petition -this Court for compliance with thisdec-ree. -Should the Court determine that

Defendant has not complied with this decree, appropriate relief, including extension or this decree

for such period as may be necessary to remedy its non-compliance, may be ordered.

. .

~

17. This decree shall expire by its own terms at the end :of three (3) years after

December 5, 2005, the date of entry of the original Coilsent Decree in this case, without

further action by the parties.

18. The parties agree to entry of this decree and judgment subject to final approval by

the Court.
--- ,2 -r-- - 20Y(. ENTERED AND ORDERED this

day of~<---=---_--6'--I-__"

WILLIAM P.JOHNSON U. S. DISTRICT JUDGE
APPROVEDAr-.:'D CONSENTED TO THIS ~~ DAY OF ---'--_ _ _ _,2005.
JAMES L.LEE Deputy General Counsel
GWE]\;DOLYN YOUNG REAMS Associate Ge-ricral Counsel'
EQUAL EMPLOYMENT OPPORTliNITY COMMISSION 180 I L Street, NW Washington, D.C. 20.507
Approved via email '2/6/06. (LM) MARY JOO'NEILL Regional Attorney
II

Approved via email 2/6/06 (LM) . SALLY SHANLEY Acting Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

. ."

COMMISSION

Phoenix District Officc .

3300 North Central Avenue, Suite 690

Phoenix, Arizona 85012

(602) 640-50~0

Approved via email· 2/06/06 (lM)

loretta Mcdina

SCliior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

.

505 Marquette, NW, Suite 900

Albuquerque, New Mexico :871 02

(505 248;5231

.

GILKEY & STEPHENSON, P.A.

. =' .

fJCLAJ~~~

/Barbara G. Stephenson, 'sq.

.

Post Office Box 25566

500 Marquette NW, #505

Albuqlicrque, NM 87125-0566

(505) 242-4466 .

Attorneys for Defendant

, " 12

,
NOTICE TO ALL EMPLOYEES OF CIRCLE S STORES

This Notice is posted pursuant to a Consent Decree entered into between Circle S Stores,

Inc., and Circle S Grocery, Inc., and the Equal Employment Opportunity Commission

(EEOC) in the matter of EEOC v. Circle S, CIV-04-716 WJ/DJS in the United States

District Court for the District of New Mexico.

I

or It is unlawful undcr the federal law (Title VII of the Civil Rights Act or 1964) and state
law to discriminate against an employee on the basis of sex, either male female, in hiring, firing, compensation or other tenns, and conditions or privileges of enlployment.

Circle S prohibits all forms of sex discrimination, including any policy, practice, or act which under Title VII discriminates or has the effect of discriminating against any individual, applicant or employee because of his or her sex or gender.

Circle S shall not discriminate on the basis of sex and shall lot retaliate against any individual who opposes a practice made unlawful under fcdetal law, files, assists or
participates in the filing of a charge of discrimination or partieip,~tcs in any ii.westigation under Title VII, or who files a grievance alleging discrimination. i

If you believe you are being discriminated against or retaliated against you should repOll

this to the Circle S designated investigative officer at your ~vorkplace who may be

contacted at

j

If you believe you have been discriminated against or retaliated hgainst by Circle

S, you always have the right to seek assistance from:

I

(I) Equal Employment Opportunity Commission (EEOC), 505 Marquette, Suite 900, Albuquerque, ;\lew Mexico 87102, (505) 248-5201.

or
(2) The New Mexico Department of Labor, Human Right~ Division, 1596
Pacheco St., Suite 103, Santa Fe, New Mexico 87505, 505) 827-6838.

You have the right to file a charge with the EEOC or the DepartLent of Labor if

you believe you are being discriminated against.

!

EXHIBIT A

13

./
, -'
Myron Smith Randy Lovell Michael Hanley Peter Cergizan Joseph Garcia Japeth Morgan David Montoya Myron Smith

CIRCLE S DISTRIBUTION

Amounf· $ 21,930_00 $ 6,015.00 S 3,130.00 S 18,155.00 $ 5,620.00 $ 2,330.00 $ 2,330.00 S 490.00 -. - ---

Date;Paid 12/<)/05 12/9/05 12/9/05 12/9105 12/9/05 12/9/05 12/9/05 01/31/06

." ....

EXHIBIT B 14

 
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MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:04-cv-00716-WJ-DJS

EEOC v. Circle S Stores Inc, et al Assigned to: District Judge William P. Johnson Referred to: Magistrate Judge Don J. Svet Demand: $0 Case in other court: Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/24/2004 Date Terminated: 12/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

James L Lee EEOC Legal Counsel Office 1801 L Street, NW

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V. Defendant Circle S Stores Inc
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Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barbara G. Stephenson 500 Marquette NW Ste. 505 PO Drawer 25566 Albuquerque, NM 87125 505-242-4466 Fax: 505-243-3145 Email: barbara@gilkeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Dominguez Shay 500 Marquette NW Ste. 505 Albuquerque, NM 87125 505-242-4466 Fax: 505-243-3145 Email: carol@gilkeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Defendant
Circle S Grocery Inc doing business as Circle S Grocery Store

represented by Barbara G. Stephenson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Dominguez Shay (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/24/2004 06/24/2004 07/01/2004 07/02/2004 07/13/2004 08/26/2004 10/05/2004
10/26/2004 11/17/2004 11/17/2004 11/19/2004 11/22/2004

#

Docket Text

1 COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Don J. Svet) (emr) Modified on 06/25/2004 (Entered: 06/25/2004)
LETTER re: consent to proceed before a US Magistrate Judge (emr) Modified on 06/25/2004 (Entered: 06/25/2004)
2 NOTICE of refusal to consent to proceed before US Magistrate Judge by plaintiff (dmw) (Entered: 07/02/2004)
3 MINUTE ORDER: Case reassigned from Magistrate Judge Scott to District Judge William P. Johnson (cc: all counsel*) (dmw) (Entered: 07/02/2004)
SUMMONS issued to B.N. Strunk (dmw) (Entered: 07/13/2004)
4 ANSWER by defendants [1-1] (dmw) (Entered: 08/27/2004)
5 INITIAL SCHEDULING ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set on 11/17/04 @ 2:00 pm; provisional discovery plan & IPTR due 11/3/04 (cc: all counsel*) (dmw) (Entered: 10/05/2004)
6 PROVISIONAL DISCOVERY PLAN by the parties* (dmw) (Entered: 10/26/2004)
7 CERTIFICATE by defendants of service of Rule 26 initial disclosures to counsel on 11/17/04* (dmw) (Entered: 11/17/2004)
8 CLERK'S MINUTES: before Magistrate Judge Don J. Svet Rule 16 scheduling conference held (dmw) (Entered: 11/19/2004)
9 CERTIFICATE by plaintiff of service of initial disclosures to counsel on 11/17/04 (dmw) (Entered: 11/19/2004)
10 INITIAL PRE-TRIAL REPORT by District Judge William P. Johnson and Magistrate Judge Don J. Svet; Discovery set for 4/18/05; mtn filing ddl set for 7/5/05; proposed pretrial order due 9/19/05; pretrial conference set for 9:00 am on 10/24/05; jury trial set for 9:00 am on 11/7/05; Estimated # Trial Days: 7-10; Chances of Settlement: cannot be fully evaluated prior to some preliminary discovery (cc: all counsel) (dmw) (Entered: 11/22/2004)

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02/02/2005 04/08/2005 04/19/2005
07/15/2005 08/05/2005 08/10/2005
08/15/2005 08/16/2005 08/25/2005 08/30/2005 09/16/2005 09/21/2005 09/29/2005
10/06/2005 10/12/2005 10/13/2005 10/13/2005 10/14/2005 10/17/2005

11 CERTIFICATE by plaintiff of service of first supplement to initial disclosures to counsel on 2/2/05* (dmw) (Entered: 02/02/2005)
12 MOTION by defendants to extend discovery & motions deadlines (dmw) (Entered: 04/11/2005)
13 ORDER by Magistrate Judge Don J. Svet granting defts' unopposed motion to extend discovery & motions deadlines as described herein [12-1] Discovery cutoff 7/18/05 (cc: all counsel) (jrm) (Entered: 04/19/2005)
14 JOINT MOTION to extend pretrial deadlines (dmw) (Entered: 07/18/2005)
15 ORDER by Magistrate Judge Don J. Svet setting settlement conference on 11/1/05 @ 8:30 am (cc: all counsel*) (dmw) (Entered: 08/05/2005)
16 ORDER by Magistrate Judge Don J. Svet granting joint motion to extend pretrial deadlines [14-1] Discovery cutoff 10/28/05 ; Motion Filing cutoff 11/18/05 ; Pretrial order ddl 1/31/06 (cc: all counsel) (sl) (Entered: 08/10/2005)
17 NOTICE by counsel for defendants of unavailability from 10/1-16/05* (dmw) (Entered: 08/15/2005)
18 NOTICE by counsel for plaintiff of unavailability from 8/26-9/9/05* (dmw) (Entered: 08/16/2005)
19 CERTIFICATE by plaintiff of service of first request for production of documents to counsel on 8/25/05* (dmw) (Entered: 08/25/2005)
20 CERTIFICATE by plaintiff of service of second request for production of documents to counsel on 8/30/05* (dmw) (Entered: 08/30/2005)
21 OFFER of judgment filed by defts (jm) (Entered: 09/19/2005)
22 CERTIFICATE by defendants of service of first interrogatories & requests for production of documents to counsel on 9/21/05* (dmw) (Entered: 09/21/2005)
23 CERTIFICATE of Service by defendants of combined responses to first and second requests for production of documents, mailed to counsel on 9/29/05 (*) (bap) (Entered: 09/29/2005)
24 CERTIFICATE by plaintiff of service of second supplement to initial disclosures to counsel on 10/6/05* (dmw) (Entered: 10/07/2005)
25 ORDER by Magistrate Judge Don J. Svet vacating settlement conference set for 11/1/05 (cc: all counsel*) (sl) (Entered: 10/12/2005)
26 JOINT CONFIDENTIALITY STIPULATION (dmw) (Entered: 10/13/2005)
27 NOTICE by the parties of designation of Chief Magistrate Judge Garcia to conduct settlement conference (dmw) (Entered: 10/13/2005)
28 ORDER by Chief Magistrate Lorenzo F. Garcia setting settlement conference on 11/21/05 @ 9:00 am (cc: all counsel*) (dmw) (Entered: 10/14/2005)
29 CERTIFICATE by defendants of service of first supplemental combined responses to first & second requests for production of documents to counsel on 10/17/05* (dmw) (Entered: 10/18/2005)

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10/21/2005 10/31/2005 10/31/2005 10/31/2005 11/22/2005 12/05/2005 02/08/2006

30 CERTIFICATE by defendants of service of first supplemental initial disclosures to counsel on 10/21/05* (dmw) (Entered: 10/21/2005)
31 CERTIFICATE of service by plaintiff of responses to defts' combined request for production to counsel on 10/27/05 (vv) (Entered: 10/31/2005)
32 CERTIFICATE of service by plaintiff of 3rd supplement to initial disclosures to counsel on 10/27/05 (vv) (Entered: 10/31/2005)
33 CERTIFICATE of service by plaintiff of responses to combined 1st interrogatories to counsel on 10/27/05 (vv) (Entered: 10/31/2005)
34 SETTLEMENT CONFERENCE held before Chief Magistrate Judge Garcia; case settled* (dmw) (Entered: 11/22/2005)
35 CONSENT JUDGMENT by District Judge William P. Johnson, as further described herein dismissing case (cc: all counsel) (dmw) (Entered: 12/05/2005)
36 AMENDED CONSENT DECREE by District Judge William P. Johnson, as further described herein (cc: all counsel) (dmw) (Entered: 02/08/2006)

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