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

06 SEP 14 PH 3: 08 n'lEr;I' ,,' u Iv, 1"',;',-\P,L\ '"rL";.;.·J'if\'."."\u.;'t--i,",;'1i...\.1." .'.[

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

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Plaintiff,

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v.

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ARIZONA PUBLIC SERVICE

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COMPANY,

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Defendant,

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THE ATLANTIC GROUP,

) ) ) Rule 19 Defendant. )

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CI'CIV _ 0 6 - 0 8 6 5 MY i.R
COMPLAINT
JURY TlUAL DEMAND

NATlJllE OF THE ACTIOl'i

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on the basis of

disahility and to provide appropriate relief to Jerry Billings who was adversely aJ"lix:tcd h'; '1.1\:11,

practices. The Commission alleges that Defendant Arizona Public Service Company as a II,ird-

parly inlcrferer and/or ajoinl employer discriminated against .Jerry Billings when it terminated

his employment at its Four Corners Power Plant hecause Mr. Billings was perceived as disabled .

•JURISDICTION AND VENUE

I. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1.13 I, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.c. ~ 12117(a), which incorporales by

reference Section 706(0(1) and (3)ofTitle VII of the Civil Right Act of I964(Title Vll"). 42

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U.S.c. §2000e-5(t)(l) and (3). and pursuant to Section 102 orthe Civil Rights Act of 1991. 42 U.S.c. §198IA.
2. The employment practices alleged to he unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"). is an agenc), of the United States of America charged with the administratillll. interpretation, and enforccment of Title I of the ADA and is expressly authorized to bring this action by Scction 107(a) of the ADA, 42 U.S.c. § 12117(a), whieh incorporates by reference, Section 706(1)(1) and (3) of Title VII. 42 U.S.c. *2000e-5(f)( I) and (3). 4. At all relevant times, Defendant Arizona Public Service Company ("Defendant AI'S" ), was an Arizona corporation that has continuously been doing business in the State of New Mexico and in at least the City of Fruitland. and has continuously had at least 15 employees. 5. At all relevant times, Defendant AI'S has continuously becn an employer engaged in an industry affecting commerce under Section \0 I(5) of the ADA, 42 lJ.S.C. §12111 (5). and Section 1() I(7) of the ADA, 42 lJ.S.c. §12111 (7), which incorporates by reference Sections 701(g) and (h)oI'Title VII, 42 U.S.c. §§2000e(g) and (h). 6. At all relevant times, Defendant AI'S has heen a covered entity under Section 101(2) ofihe ADA, 42U.S.C. §12111(2). 7. At all relevant times, Def'cndant Atlantic has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.c.
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_.. .._ ... - - - - -
~1211 ](5), and Section 101(7) of the ADA, 42 U.S.C. §12111(7). which incorporates hy reference Sections 701(g) and (h)ofTitle VII. 42 U.S.c. §§2000e(g) and (h).
S. At all relevant times, Defendant, The Atlantic Group ("Ddi:ndant Atlantic"). has heen a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2).
<). At all relevant times, Defendant Atlantic was a party to a contractual agreement with Defendant APS to provide individuals to work at AI'S' filcilities. Defendant Atlantic paid Jerry Billings wages while he was employed at AI'S. Defendant Atlantic is therefore named as a party pursuant to Rule I<)(a) of the Federal Rules of Civil Procedure in that, in its absence. complete relief cannot be accorded among those already parties, and it has an interest in the subject of this action.
STATEMENT OF CLAIMS 10. !'."Iore than thirty days prior to the institution of this lawsuit, Jerry Billings filed a charge with the Commission alleging violations of Title I of the ADA by Dcfendant APS. All conditions precedent to the institution of this lawsuit havc been 1i.lllilied. II. Since at least April 2004. Ddi:ndant AI'S as a third-party interferer and/or ajoint employer has engaged in unlawful employment practices at its Fruitland, New Mexico facility, in violation of Section I02(a) of the ADA, 42 U.S.c. §12112(a). These unlawful employment practices include the termination of Jerry I3illings employment at AI'S' Four Corners Power Plant because AI'S perceived he was disabled and/or interfered with Jerry 13illings' employment opportunities with Atlantic Group by terminating Jerry Billings' employment because AI'S perceived he was disabled.
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12. The effect of the pra~tices complained of in paragraph I I above has been to" deprive Jerry Billings of equal employment opportunitics and otherwise adversely alTect his status as an employec because of his perceived disability.
13 . The unlawful employment practices complained of in paragraph II above were intcntional.
14. The unlawful employment practices complained of in paragraph II abovc wcre done with malice or with reckless indifference to the federally protected rights of Jerry Billings.
I'RA VER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant APS, its otliccrs, successors, assigns and all persons in active concert or participation with it, Irom discriminating against and terminating qualilied individuals with disahilities because of their disabilities or perceived disahilities or any other cmployment practice which discriminal<!s on the basis of disability:
B. Order Defendant AI'S to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant APS and Defendant Atlantic Group to make whole Jerry Billings by providing appropriate back pay with prejUdgment interest, in amounts to be determined at trial, and other affirmative relid' ne~essary to eradicate thc effects of the unlawful employmcnt practices, including but not limited to reinstatement of Jerry Billings and/or Iront pay as appropriate.
D. Order Defendant AI'S to make whole Jerry Billings by providing compensation tl.lr past and future pe~uniary losses resulting from the unlawful emplo)'llll,nt practices described
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in paragraph II above, includingjoh search expenses and other pecuniary losses. in nnlllunts to he determined at trial.
E. Order Defendant APS to make whole Jerry Billings hy providing compensation lor past and liltlue non pecuniary losses resulting Ii-om the unlawlill practices complained of in paragraph II ahove. including emotional pain, suffering, anxiety, humiliation, loss of enjoyment of IiIi: and inconvenience, in amounts to be determined at trial.
F. Order Defendant AI'S to pay Jerry Hillings punitiVl' damages for its malicious and reckless conduct. as described above, in amounts to be determined at trial.
G. Grant such further relicfas the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action . .JURY TRIAL ))EMAN))
The Commission requests ajury trial on all questions of fact raiscd by its Complaint.
DATED thisl~v ot:5e#fftWe~006.
Respectfully submitted. RONALD S. COOPER 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
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~~~ MARY .10 0 NHI.I. Regional Attorney
~f4?~/~ SALLY c. SHANU,Y Supervisory Trial Ath)rney
EQUAL EMPLOYMEl\:T OPPORTUNITY COMMISSION
3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
~l~
Senior Trial A!lorney
VERONICA A. MOl.lNA Trial AHorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque Area Oftice 505 \>!arqueHe N.W.. Suite 900 Albuqu~rque, New Mexico 871112 Telephone: (505) 248-5230
Attorneys for Plaintiff

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
ARIZONA PUBLIC SERVICE COMPANY,
Defendant,
THE ATLANTIC GROUP,
Rule 19 Defendant

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CIV-06-0865 MV/LFG

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CONSENT DECREE

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The United States Equal Employment Opportunity Commission (“Commission” or “EEOC”) filed this action against Defendant, Arizona Public Service Company (“APS”), to enforce Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq. (“the ADA”) and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The EEOC alleged that APS, as a third-party interferer and/or a joint employer discriminated against Jerry Billings when it terminated his employment at APS’Four Corners Power Plant because Mr. Billings was perceived as disabled. APS specifically denies the allegations of the EEOC. The Commission also added The Atlantic Group (“Atlantic”) as a Rule 19 Defendant in this suit in order to obtain complete relief for Mr. Billings.

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The Commission, APS, and Atlantic agree that this action should be resolved by entry of this Decree. The parties do not object to the Court’s jurisdiction over this action and waive their right to a hearing and the entry of findings of fact and conclusions of law. It is hereby ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all claims arising out of the issues between the Commission, APS and Atlantic that were or could have been raised in this lawsuit, including but not limited to claims for back pay, compensatory and punitive damages, injunctive relief, costs and attorneys fees.
2. The duration of this Decree shall be three (3) years from the date of entry of the Decree.
INJUNCTIVE RELIEF 3. APS, its officers, agents, employees, and successors, are enjoined for the duration of this Decree from: (a) discriminating against any employee on the basis of disability, including perceived disability; and (b) retaliating against any employee because he or she: (i) opposes discriminatory practices made unlawful by the ADA; (ii) files a charge of discrimination or assists or participates in the filing of such a charge; or (iii) assists or participates in an investigation or proceeding brought under the Federal laws prohibiting discrimination or retaliation.
MONETARY RELIEF 4. Within ten (10) days after entry of this Decree (i.e. the date it is filed by the
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Court), Atlantic will pay the sum of $125,000 to Jerry Billings in settlement of his claims. The settlement amount will be paid in two sums:
A. the amount of $20,000 representing back pay. Atlantic shall pay the back pay amount less only any applicable deductions for the employee’s portion of FICA and applicable federal and state tax withholding; and
B. the amount of $105,000 representing compensation for compensatory personal injury damages. Atlantic shall pay this amount and issue a United States Internal Revenue Service Form 1099 to Mr. Billings for the amount designated as compensatory damages. 5. Each payment required by Paragraph 4 above, shall be made via check payable to Jerry Billings and sent directly to Mr. Billings at the address to be provided Atlantic by EEOC. 6. Within five (5) days of issuing the checks to Mr. Billings, Atlantic shall mail a copy of each check to Mary Jo O’Neill, Regional Attorney, EEOC, at 505 Marquette, N.W., Suite 900, Albuquerque, New Mexico, 87102.
REEMPLOYMENT 7. On February 19, 2007, Jerry Billings was returned to work at APS’Four Corners’Power Plant in a Planner/Scheduler position through a job assignment with Atlantic. Defendants agree that Mr. Billings will continue to be employed at the Four Corners Power Plant as long as APS reasonably determines that suitable work is
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available; Mr. Billings is qualified to perform the available work; and Mr. Billings is satisfactorily performing work assigned to him. Defendants further agree that all employment decisions affecting Mr. Billings shall be made without discrimination based on disability, including perceived disability and without retaliation for his having filed a charge and having participated in this suit.
EXPUNGING OF PERSONNEL FILES 8. Within 20 days of the effective date of this Decree, APS and Atlantic shall expunge from the personnel file(s), if any, of Jerry Billings of all documents, if any, containing any reference to the charge(s) of discrimination filed by Mr. Billings against APS and/or Atlantic.
CORRECTIVE POLICIES AND PRACTICES 9. APS shall institute and carry out the policies and practices set forth below to help ensure that its work environment is free of disability discrimination. 10. Notice. APS shall post for the duration of this Decree, in a prominent place frequented by its employees in New Mexico, the Notice attached as Attachment A, in the same type, style, and size. A copy of APS’s Policies and Procedures discussed below will be electronically posted. 11. Training. APS shall train all APS employees working in New Mexico on disability discrimination and retaliation, in accordance with the following:
A. There shall be two management trainings, the first of which shall
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occur within 180 days of the date this Decree is entered and the second of which shall occur at any time during the final year of this Decree; new management hired in the second year of the Decree who have not attended either training will receive similar training. The trainer shall conduct live training sessions of two hours, including adequate time for questions and answers, for all managers. Non-managerial employees currently receive annual, computer-based training on company policies including non-discrimination policies and such training will continue for the duration of the Decree. All employees shall register when they complete such training, and APS shall retain the registry for the duration of this Decree.
B. APS shall request the EEOC's approval of the trainer by submitting, at least 60 days prior to each live training, the name(s), address(es), telephone number(s), and resume(s) of the proposed trainer, the training dates, and an outline of the training contents, to the Commission’s Regional Attorney at the address listed above, which approval shall not be unreasonably withheld. In the event the Commission does not act on the request for approval of the trainer within 30 days of the request, the request shall be deemed approved. If the EEOC does not approve the APS trainer, APS shall submit a new trainer for approval within 30 days of receipt of the disapproval. If no new trainer is proposed or if the new trainer is not acceptable, the EEOC shall designate a trainer at a cost not to exceed $1,500 per live session, to be paid by APS. A Commission representative may, with reasonable notice, attend and fully participate in the training.
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C. The managerial training shall explain: (1) what constitutes disability discrimination, including discrimination based on perceived disability and failure to provide a reasonable accommodation; (2) that the ADA prohibits all forms of disability discrimination, including perceived disability discrimination; (3) how to prevent disability discrimination in the workplace; and (4) to whom employees may complain if they feel they have been subjected to this disability discrimination. The trainer also shall review and explain APS’s policies regarding disability discrimination and retaliation.
D. During the management training, the Plant Manager in the New Mexico facility shall speak about the importance of preventing disability discrimination, and the legal consequences faced by companies that tolerate such misconduct. The Plant Manager shall explain that managers will be evaluated on their enforcement of company discrimination policies.
E. An APS supervisor identified by the parties will receive coaching concerning the management of employees with respect to issues regarding disabilities and perceived disabilities.
F. Atlantic employees in New Mexico at the APS facility will be provided with a copy of the Notice provided for in Paragraph 10. The Notice shall be provided in a paycheck distribution within 90 days of the entry of this Decree. New employees hired after the date of paycheck distribution will receive a copy of the Notice in their new hire packet. Atlantic’s Customer Service Representative who provides services at the APS facility in New
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Mexico will be given training comparable to that offered by APS as specified in Paragraph 11 A & C.
12. Written Policies. Within 60 days of the date of entry of this Decree, APS shall review its existing written policies concerning disability discrimination to confirm that they conform to the law, and shall submit the policies for review to the Commission’s Regional Attorney at the address listed above. The written policies must include at a minimum:
A. a description of perceived disability discrimination, and a statement that such misconduct, including unlawful discharge based on perceived disability, by anyone, is illegal and will not be tolerated;
B. the obligation to engage, with both applicants and employees with disabilities, in the interactive process required by the ADA to determine whether a reasonable accommodation is available;
C. the obligation to provide, to both ADA qualified applicants and ADA qualified employees with disabilities, a reasonable accommodation that complies with the ADA;
D. a statement encouraging employees to report to a manager if they believe they have been discriminated against, along with the name(s) and contact information of managers to whom employees can make such a report;
E. assurances that APS will investigate these reports promptly and
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fairly, and will take appropriate corrective action to make victims whole and to eradicate the disability discrimination; along with a description of the consequences that will be imposed upon violators of the policies;
F. a promise of maximum feasible confidentiality for persons who believe that they have been discriminated against; and
G. an assurance of non-retaliation for persons who believe they have been discriminated against, and for witnesses.
Revisions to policies shall be electronically communicated to each current employee within 90 days of the date of this Decree and to each new employee when hired.
13. Procedures. APS’s procedures to address complaints of disability discrimination shall be revised, if needed, to include the following:
A. APS shall designate two managers to receive complaints of discrimination from employees, and to initiate investigation.
B. APS shall promptly and appropriately investigate all employee complaints of disability discrimination or retaliation by interviewing all potential victims and witnesses, taking notes, and making a finding about whether the misconduct occurred. APS shall take immediate appropriate corrective action to make disability discrimination and retaliation victims whole, and to discipline those who engaged in the misconduct.
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C. A procedure to evaluate managers on their performance in responding to employee complaints of discrimination, including disability discrimination, or retaliation. A manager’s failure to enforce the discrimination policy shall result in discipline.
Revisions to procedures shall be electronically communicated to each current employee within 90 days of the date of this Decree and to each new employee when hired.
REPORTING BY APS AND ACCESS BY EEOC 14. APS shall submit the following in writing and in affidavit form to the Commission’s Regional Attorney at the address provided above, beginning six months from the date of this Decree, and thereafter every 12 months for the duration of the Decree:
A. A copy of both the policies and procedures required above. (See ¶¶ 12-13 above);
B. The name, address, position, social security number, and telephone number of every APS employee or contract employee in New Mexico who complained about disability discrimination, including perceived disability discrimination and failure to provide a reasonable accommodation, or retaliation during the period preceding the report to the EEOC. The first report shall cover the first six months from the date of the Decree. The nature of the complaint, APS’investigatory efforts, and corrective action
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taken, if any, also shall be specified; C. The registry of New Mexico persons completing the training
required in Paragraph 11, above, and a list of current personnel employed by APS in New Mexico on the days of the trainings. All employees shall be identified by employee number and management employees shall be so identified.
D. Confirmation that (i) the Notice required above was posted, and the locations where it was posted; (ii) revisions to the policies and procedures required above were electronically communicated to each current and each new APS employee in New Mexico; and (iii) the expungement from Mr. Billings’personnel file, if any as required above took place. Confirmation of item (iiii) shall include the date of expungement and a list of the documents expunged if any.
15. The Commission, upon reasonable notice and agreement, shall have the right to enter and inspect APS’s premises to ensure compliance with this Decree.
COSTS AND DURATION 16. Each party shall bear its costs and attorney's fees incurred as a result of this action through the filing of this Decree. 17. Absent extension, this Decree shall expire by its own terms at the end of the thirty-six (36) month after its entry without further action by the Parties.
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PENALTIES FOR NON-COMPLIANCE 18. This Court shall retain jurisdiction over this action for the duration of the Decree. During this time, the EEOC may petition this Court to order Atlantic or APS to comply with the Decree. Should the Court determine that Atlantic or APS has not complied, the Court may order appropriate relief including extension of the Decree for the time necessary to remedy non-compliance, award of attorney’s fees and costs, and fines for contempt of court. 19. If Atlantic fails to comply with any monetary provision of this Decree, it shall have ten days from receipt of notice of non-compliance to cure its non-compliance. If APS fails to comply with any other provision of this Decree, it shall have thirty days from receipt of notice of non-compliance to cure its non-compliance. Thereafter, a penalty shall accrue for any non-compliance at the amount of $50 per day, until Atlantic or APS is in compliance with the Decree again. 20. In the event that Atlantic or APS does not comply with any provision of this Decree, and the Commission petitions the Court to order Atlantic or APS to comply, Atlantic or APS shall pay all attorney’s fees and costs incurred by the Commission to enforce the Decree.
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AGREEMENT TO ENTRY OF DECREE 21. The EEOC, Jerry Billings, and Defendants agree to entry of this Decree and judgment subject to final approval by the Court. DATED this 11th day of June, 2007.

APPROVED AND CONSENTED:

__________________________ Martha Vazquez United States District Judge
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington, D.C. 20507
/s/ by Loretta Medina for MARY JO O’NEILL Regional Attorney
/s/ by Loretta Medina for SALLY C. SHANLEY Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
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/s/ by Loretta Medina LORETTA MEDINA Senior Trial Attorney
VERONICA MOLINA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5230
/s/ by Sarah M. Singleton Montgomery & Andrews PA Sarah M. Singleton 325 Paseo de Peralta Santa Fe, New Mexico 87504-2307 (505) 986-2648 Attorneys for Defendants
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NOTICE TO ALL EMPLOYEES OF ARIZONA PUBLIC SERVICE COMPANY
This Notice is posted pursuant to a Consent Decree entered into between Arizona Public Service Company (APS) and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under federal law, the Americans with Disabilities Act (ADA) and state law to discriminate against an employee on the basis of disability, including in the firing, recruitment, compensation, assignment, or other terms, and conditions or privileges of employment. It is also unlawful for an employer to refuse to reasonably accommodate employees or applicants with disabilities. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC.
APS agrees to abide by the ADA, and further agrees that is shall not retaliate against any employee who exercises his or her rights under the ADA.
If you believe your rights under the ADA have been violated, you have the right to seek assistance from:
1.Equal Employment Opportunity Commission (EEOC), 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012, (602) 640-5000; or
2.Equal Employment Opportunity Commission (EEOC), 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102, (505) 248-5202.
or 3.The New Mexico Department of Labor, Human Rights Division, 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87505, (505) 827-6838 or 1 (800) 566-9471.
You have the right to file a charge with the EEOC or NMHRD if you believe you are being discriminated against.
No Retaliation Clause. No action may be taken against you by any supervisory or management official of APS for (1) opposing discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the New Mexico Department of Labor, Human Rights Division at the addresses or telephone numbers listed above.
EXHIBIT A
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U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:06-cv-00865-MV-LFG

REFER

EEOC v. Arizona Public, et al Assigned to: Chief Judge Martha Vazquez Referred to: Magistrate Judge Lorenzo F. Garcia Demand: $0 Cause: 28:451 Employment Discrimination

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

Plaintiff
Equal Employment Opportunity Commission

represented by 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 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: (505) 248-5217 Email: loretta.medina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue

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V. Defendant Arizona Public Service Company
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#690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald S Cooper unknown LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally C Shanley EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 602-640-5032 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Sarah M. Singleton Montgomery & Andrews, PA 325 Paseo de Peralta P.O. Box 2307 Santa Fe, NM 87504-2307 505-982-3873 Fax: 505-982-4289 Email: ssingleton@montand.com LEAD ATTORNEY
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Defendant Atlantic Group, The

ATTORNEY TO BE NOTICED
represented by Sarah M. Singleton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/14/2006
11/06/2006 11/06/2006 11/13/2006 11/14/2006
12/04/2006 12/04/2006 12/14/2006 01/04/2007 01/04/2007 01/04/2007 01/09/2007 01/09/2007
01/18/2007

#

Docket Text

1 COMPLAINT for employment discrimination w/jury demand (2 Summons(es) issued) (referred to Chief Magistrate Lorenzo F. Garcia) (eh) (Entered: 09/15/2006)
2 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Atlantic Group, The on 11/3/06* (dmw) (Entered: 11/06/2006)
3 ENTRY OF APPEARANCE for defendants by Sarah M. Singleton* (dmw) (Entered: 11/06/2006)
4 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Arizona Public Service Company on 11/3/06 (dmw) (Entered: 11/13/2006)
5 INITIAL SCHEDULING ORDER by Chief Magistrate Lorenzo F. Garcia Telephonic Rule 16 scheduling conference set on 1/9/07 @ 9:00 am; provisional discovery plan & IPTR due 1/4/07 (cc: all counsel)* (dmw) (Entered: 11/15/2006)
6 ANSWER by defendant Arizona Public [1-1]* (dmw) (Entered: 12/04/2006)
7 ANSWER by defendant Atlantic Group, The [1-1]* (dmw) (Entered: 12/04/2006)
8 ORDER by Chief Magistrate Lorenzo F. Garcia directing submission of the JSR on 1/4/07 (cc: all counsel)* (dmw) (Entered: 12/14/2006)
9 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Initial Disclosures (Medina, Loretta) (Entered: 01/04/2007)
10 CERTIFICATE OF SERVICE by Arizona Public Service Company, Atlantic Group, The for Initial Disclosures (Singleton, Sarah) (Entered: 01/04/2007)
11 Joint Status Report by Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 01/04/2007)
12 Clerk's Minutes for proceedings held before Judge Lorenzo F. Garcia: Telephonic Scheduling Conference held 1/9/2007 at 9:00. (lm) (Entered: 01/09/2007)
13 Scheduling Order and Temporary Stay of Discovery [30 days] by Judge Lorenzo F. Garcia Discovery due by 7/9/2007. Motions due by 8/9/2007. Proposed Pretrial Order due by 10/9/2007. (lm) (Entered: 01/09/2007)
14 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Supplemental Initial Disclosures (Medina, Loretta) (Entered: 01/18/2007)

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03/09/2007 05/21/2007 06/11/2007

15 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Supplemental Initial Disclosures (Medina, Loretta) (Entered: 03/09/2007)
16 NOTICE by Equal Employment Opportunity Commission Notice Of Unavailability (Medina, Loretta) (Entered: 05/21/2007)
17 CONSENT DECREE by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)

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