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

05 SEP 2G M! /0: 59

EQUAL EMPLO'{I\1ENT OPPORTUNITY

)

COM!VIISSION,

)

)

Plaintiff,

)

)

v.

)

)

PROGRESSIVE RESIDENTIAL SERVICES. )

INC. and PROGRESSIVE RESIDENTIAl.

)

SERVICES OF NEW MEXICO, INC ..

)

)

Defendants

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CIV
CIV '"' 0 5 - 1 0 2 7 MV KBM
COMPLAINT
,JURY TRIAL DEMANDED

NATURE OF THE ACTION
This is an action under Title VII of the Civil Right~ Act of 1964 as amended by the
, Pregnancy Discrimination Act of 1978 and Title I of the Civil Rights Act of 1991 to correct
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un lawful employment practices on the basis ofsex, female (pregnancy) and to provide appropriate
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relief to Theresa V. Madril and a class of females who were ad1versely affected by such practices.

The Commission alleges that Defendants subjected Ms. Ma~ril and at least one other female
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employee to disparate treatment in the terms, conditions, or pri'vi leges of employmcnt because of

their sex, fcmale. and their pregnancies. The conllllissiol further allcges that Defendants

effectively discharged Ms. Madril and at least one other femLe employee bec.ause of their sex,

female, and their pregnancy.

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,IURISDICTION AI\D VENUE

I.

Jurisdiction of this Court is invoked pursuantito 28 USc. ~* 451, 1331, 1337,

i 1343 and 1345. This action is authorized and instituted IJUrSILllIntto Section 706(.1.)(1) and(3) of
* Title VII of the Civil Rights Act of 1904, as amended 42 U.,.C. 2UUOe-S(O(I) and (3) ("Title

VII") and Section 102 orthe Civil Rights Act of I'!'!l, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unllwful were commitled within the

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jurisdiction of the United States District Court for the Distriq of New Mexico. , i

PARTIES

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J. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

an agency of the United States of America charged with the. administration, interpretation and

enforcement ofTitlc VII and is expressly authorized to bring this action by Section 706( 1)( I) and
* (3) ofTitle VII, 42 U.S.c. 2000e-5(O(I) and (3).

4. At all relevant times, Defendant Progressive Residential Services, Inc., has

continuously been a Michigan corporation operating Defendalit Progressive Residential Services

of New Mexico, Inc. in the State of New Mexico and the Cit,v (I,f Las Cruces. At all relevant times

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Defendants Progressive Residential Services, Inc. and Residential Services of New Mexico, Inc.

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I~ast (the "Defendants" or "Employer") have continuously had at

fifteen employees.

5. A t all relevant timcs, Dl'fendants have continlloL,y bcen and arc now an employer

meanil~g engaged in an industry affecting commerce within the

of Section 701 (b), (g) and (h) of

* Title VII, 42 U.S.c. 2000e-(b), (g) and (h).

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STATEMENT OF CLAIMS

6. More than thirty days priorto the institution of this lawsuit, Theresa V. Madril filed

a charge with the Commission alleging violations of Title VII by Defendants. All conditions

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precedent to the institution of this lawsuit have oeen fill Ii lied. 7. Since at least Feoruary 18, 2003, Del"endants have engaged in unlaw fill
employment practices at their Las Cruces, 1'\ew Mexico .facility, in violation of Sections 70 I (k). and 703(a) 01" Title VII. 42 U.S.c. S~ 2I)OOe-(k) and 2000e-2{a). These unlawful employment practices include:
A. suhjecting Theresa V. Madril and at least onc other female cmployee to disparate' treatment in the terms. conditions, or p'rivileges of employment. including,b;llnot limited to, imposing a mandatory leave of...ab~ence on the female .employees because 01" their sex, I"emale, pregnancy: and
B. constructively discharging Theresa V. Madril and at least one other 'I"eiiHlle employee because 01" their sex. female. pregnancy.
S. The effect of the practices complaincd of in paragraph 7 of above has been to deprive Theresa V. Madril and at least one other I"emale employee 01" equal employment. opportunities and otherwise advcrscly affect their statu's as applicants for employment hecause of thcir scx. fcmalc. prcgnancy.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above we·r.: dOlle with malice and/or reckless indi ITerence (0 the rederally protected rights of Theresa V. Madril and at least onc other fcmale employee.
PRAYER FOR RELIEF Wherefore, the Commission respectl"ully requests that this Court: A. Grant a pemlanent injunction enjoining Defendants. their officers. SLiccessors,
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assigns, and all persons in active concert or participation with them, from engaging in any

employment practices which deny employment opportunities to persons on the has is of sex or

pregnancy, including imposing mandatory leaves of absence Ibecause of their sex or pregnancy

and any other employment practice which discriminates on tHe basis of sex or pregnancy.

B. Order Delendants to institute and carry out policies, practices and programs which

provide equal employment opportunitics for pregnant womenl and which eradicate the effccts of

its past and present unlawful employment practices.

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C. Order Defendants to makc whole Theresa V. Madril and at least one other female,
f hy providing appropriate back pay with prejudgment interest, amounts to be detennil~ed at trial,

and other affirmative rciiefnecessary to eradicate the effects of its unlawful employment practices,

including, but not limited to, rightful-place hiring or front pay for Theresa V. Madril and at least

one other female.
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D. Order Defendants to make whole Theresa V. Madril and at least one other female
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by providing compensation for past and future pecuniary losses resulting from the unlawful

employment practices descrihed in Paragraph 7 above, includingjoh search expenses, in amounts

to be determined at trial.

E. Order Defendant to make whole Theresa V. Madril and at least one other female

who were adversely affected by the unlawful employment practices descrihed ahove, hyproviding
compensation for past and future nonpecuniary losses, includin~ but not limited to, emotional pain,
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suffering, inconvenience, mental anguish, loss ofenjoyment ofl,ife, and other nonpecuniary losses, in amounts to be detennined at trial.

F. Order Defendant to pay Theresa V. Madril andiat least one other female punitive

damages for its malicious and/or reckless conduct descrihed ilJ paragraph 7 above, in amounts to I

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bc dctermincd at trial.

1-1. Grant such further relief as the Court decms necessary and proper in the public

interest.

I.

Award the Commission its costs in this action:

JURY TRIAL DE\1;\J\:DED

The Commission requests a jury trial on all questions 10f fact raised by its Complaint

DATED this 26'" day of Septemhcr. 2005.

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Rcspcctflilly submitted,
J JAMES LEE
Deputy G~neral Counsel
GWENDO, LYN YOUNG REAMS ;\ssociatelGcnCral Counsel
EQUAL E;MPLOYMENT OPPORTUNITY COMMIS'SION 180 I L·Street, NW
20507

MARY .Ie!> O'NEILL
gional Attorney

J

A.

C. EMAN;UEL SMITII Supcrvisory Trial Attorney
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EQUAL E\1PLOY:VIE:-.IT OPPORTUNlTY
CO\1MISSIOI\ Phoenix District Office 3300 N. Cbllral Ave.
Suite 690 I
Phoenix, Arizona 85012

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VERONICA A. MOLINA 'I'ri.aI A ttoIrncy
LORETT~ MEDINA I
Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION

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Alhuqucrilue Area Office

505 Mar4~lette 7'JW, Suite 900

Albuquerque, New Mexico 87102 (505) 248~5231

AttorneYSI for Plaintiff

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 f.\I THE Ul\ITED STATES DISTRICT COURT FOR THE DISTRICT OF ~EW MEXICO

FILED
at Sacca Fe, NM

EQUAL EMPLOYMEI\:T OPPORTUNITY

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COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PROGRESSIVE RESIDENTIAL SERVICES,

)

INC. and PROGRESSIVE RESlDE"lTIAL

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SERVICES OF NEW MEXICO, INC.,

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Defendants.

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---------------)

AUG 2 9 2006
MATTHEW J, DYKMAN CLERK
CIV-OS-Ion MV/KBM CONSENT DECREE

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against Progressive Residential Services Inc. and Progressive Residential Services of New Mexico Inc. to enforce Title VII ofthe Civil Rights Act of 1964, as amended by the
* Pregnancy Discrimination Act of 1978 and the Civil Rights Act of 1991,42 U.S.c. 1981 a. In the
Complaint, the Commission alleged Defendants subjected Teresa Z. Madril and at least one other female employee to disparate treatment in the terms, conditions, or privileges of employment because of their sex, female, and pregnancy. The Commission further alleged that Defendants effectively discharged Ms. Madril and at least one other female employee because of their sex, female, and pregnancy. Defendants deny the allegations in this action but wish to avoid the expense and disruption oflitigation.
The parties do not object to the jurisdiction of the COllrt ov<!r this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. This Decree does not constitute an adjudication on the mcrits of the allegations of the complaint.

It is hereby ORDERED, ADJ{;DGED AND DECREED: 1. This Decree resolves all claims of the Commission against Defendants, including claims for back pay, compensatory and punitive damages, interest, injunctive relief. attorney's fees and costs arising out of the issues in this lawsuit.
INJUl'ICTlO:-.l 2. Defendants. their managers. agents. officers. employees. suceessors and assigns and all persons in active concert or participation with them. are enjoined for the duration of the Dccree from discriminating against any employee because ofsex. including pregnancy. In addition. Defendants. their managers. agents. officers. employees. successors and assigns and all persons in active concert or participation with them, are permanently enjoined from retaliating against any employee who: (a) opposes practices made unlawful hy Title VII or a state equal employment opportunity statute; (b) makes a charge ofdiscrimination or assists or participates in an investigation
or proceeding under Title Vll or a state equal employment opportunity statute; or :r:> Ii les an internal
complaint of discrimination. This injunction will remain in effect for the duration of the Decree at any facility operated by Defendants.
RELIEF TO CHARGING PARTY Al'ID CLASS MEMBER 3. In accordance with this Decree. Defendants shall pay the total amount of fifty thousand dollars and zero cents (S50,000.00) (the "Settlement Amount") to resolve this lawsuit. The Settlement Amount shall be distributed as follows: A. Within five (5) days of entry of the Decrce. charging party Teresa Z. Madril shall
receive from Defendants thirty thousand dollars and zero cents (530.000.00) as compensatory damages; and
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B. Within five (5) days of entry of the Decree. class member Andrea Torres shall receive from Defendants twenty thousand dollars and zero cents ($20,000.00) as compensatory damages.
Defendants shall separately mail checks. via ccrtiticd mail. to Ms. Madril and Ms. Torres. to the addresses provided by the EEOC'. Within five days of the issuance of the checks. Defendants will submit a copy of the checks and rclatcu correspondence to the Regional Attorney, Equal Employment Opportunity Commission. 505 Marquette NW. Suite 900. Albuquerque, New Mexico 87102-2189. Defendants will issue a United States Internal Revenue Service Form 1099 to Ms. ~adril anu Ms. Torres for the amounts designated as compensatory damages.
5. In response to any employment inquiries or reference checks concerning Teresa Z. Madril or Andrea Torres, Defendants shall pro\"iue a positive reference. the individual's dates of employment. each position held, and job duties. This provision shall remain in force for so long as Ms. Madril or Ms. Torres use Defend.lIIts as a reference and is not limited to the three-year duration of this Decree.
6. Defendants shall not take any action against Ms. Madril or Ms. Torres in retaliation for tiling a charge of employment discrimination or for participating. assisting or testifying in this action.
DEFENDANTS' CORRECTIVE POLICIES A:"JD PRACTICES 7. Defendants shall institute and carry out policies and practices at all facilities operated by Defendants that guarantee a work environment free from sex discrimination. including policies and practices to prevent pregnancy discrimination of their female employees.
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and that allow employees and other individuals to raise concerns or complaints about matters made unlawful by Title VIr. whether alleged, perceived or actual without retaliation. To assist Defendants in their eftort to guarantee a work environment Iree of sex or pregnancy discrimination and retaliation. Defendants shall take the actions provided lor in Paragraphs 8 through 9.
8. Within fifteen (\ 5) days of entry of the Decree, Defendants shall review their existing policies on scx and pregnancy discrimination. and make any changes necessary so that their policies comply with Title VII and the Pregnancy Dis(Timination Act. Defendants shall ensure their written policies include a statement that employees are encouraged to complain directly to EEOC or any state equal opportunity agency. Within fifteen days of reviewing and making any necessary revisions to their policies, Defendants shall distribute a copy of their policy(s) to each of their CUITent full and part-time employees, and to each new employee hired for the duration of this Decree. Defendants shall distribute a copy of their policy(s) to each new employee hired within ten days of hire.
9. Defendants shall provide their employees at all facilities operated by Defendants with written policy statements and procedures regarding reporting and prevention of sex and pregnancy discrimination. The policy and procedure statements that arc provided to Defendants' employees should be designed to present easily understood. convenient, confidential and reliable procedures for reporting incidents of sex and pregnancy discrimination in all of Defendants' facilities. The policy and procedure statements shall be provided in English and Spanish.
10. Defendants shall post within 30 days of the entry of this Consent Decree, and continuously for a period of thirty-six (36) months. in prominent places frequented by employees
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in all Defendants' facilitics, the Notice attached to this decr~e as Exhibit A. This Notice shall be the same type, style and size as in Exhibit A, and shall be pro\'ided in both English and Spanish.
II. Defendants shall provide training on sex and pregnancy discrimination and retaliation according to the following ternlS:
A. Defendants shall provide at least five (5) training sessions during the tenn of this Decree. All managers, supervisors and \:mployecs at all of Defendants' facilities shall attend the training. Duplicative sessions may be held to accommodate staffing needs. Defendants shall be responsible for all costs associated with this training. Training sessions in Spanish shall also be provided, as appropriate.
B. During the first year of the Decree, the first training session shall be conducted within three months of the entry of this Decree and the second training session shall be conducted within nine months of the entry of this Decree. During the second year of the Decree, the first training session shall be conducted within the first three months of the second year of the Decree and the second training session shall be conducted within the first nine months of the second year of the Decree. During the third year of the Decree, at least one training session shall be conducted.
C. Defendants shall select a qualified trainer and shall submit the trainer's name, resume, training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque Area Officc of the Equal Employment Opportunity Commission within forty-five (45) days of the entry of this Decree for the first session of the first year and forty-five (45) days prior to the second session of the
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first year. During the third year of the Decree. the ahove information shall he submittcd to thc Regional Attomey at least ninety (90) days prior to thc seminartraining session. The Commission shall have thirty (30) days from the date of receipt of the infonnation described above to accept or rejcct thc proposed consultant/lec.turer andlor the contcnts orthe seminar. In the evcnt the Commission does not approve Defendants designated consultant/lecturer, the Commission shall designate the consultant/lecturer at a cost not to exceed S1,000.00 per seminar-training session which shall be paid by Defendants. D. The training shall include a minimum "ffour (4) hours of instruction. All personnel designated in Paragraph A shall both register and attend the training. The registry of attcndance shall be retained by Defcndants at least for the duration of the Decree. E. The training, at a minium, shall include the subjects of: what constitutes sex and pregnancy discrimination and retaliation; that sex and pregnancy discrimination in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment and retaliation violates Title VII and the Pregnancy Discrimination Act; how to prevent sex and prcgnancy discrimination and retaliation; how to provide a work environmcnt free from sex and pregnancy discrimination and retaliation; and to whom and by what means employees may complain, including complaining to the EEOC, if they feel they have been subjected to sex and pregnancy discrimination and rctaliation. F. Immediately following the training sessions, Defendants' highest ranking
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managerial ofticial shall speak to the employees ahout: (I) potential discipline that can bc taken against supervisors, managers and employccs who commit acts of sex and prcgnancy discrimination or retaliation, or who allow sex and pregnancy discrimination or retaliation to occur in the workplace; (2) thc importance of maintaining an cnvironment free of scx and pregnancy discrimination and rctaliation; and (3) the employer's policies regarding sex and pregnancy discrimination and rctaliation. This time shall not be counted toward thc fourhour minimum training required in paragraph I (J.D. G. For thc duration of this Decree, at or around the time of hire, employees hired after the annual training is presented, shall vi~w a video tape of thc training and/or a professional training tape which covers the topics set forth in paragraph IO.E. and shall he given any written material disseminated at the training. The video tape and/or professional training tape shall be providcd in hoth English and Spanish. 12. The Commission, at its discretion, may designate Commission represcntatives to attend and participate in the training sessions described above. REPORTING BY DEFENDANTS MiD ACCESS BY EEOC 13. Defendants shall report in affidavit form to the Regional Attorney of the Commission's Albuquerque Area Office at 505 Marquette NW, Suite 900, Alhuqucrque, New Mexico 87102-2189 beginning six months from the date of the entry of this Dccree, and therealler every six months for the duration of the Decree the following infonnation: A. Any changes, modifications, revocations, or revisions to their policies and
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procedures which concern or affect thc subject of sex and pregnancy discrimination and retaliation. B. The name, address, position, social security number and telephonc number of any cmployee who, during the six months preceding the report, has brought allegations of sex and prcgnancy discrimination or retaliation arising from activities in Defendants' facilities against Defcndants or their personnel, including, but not limited to, management officials, vendors, agents, or employees. The nature of the complaint and the corrective action taken, if any, shall he specified. C. An affidavit by Defendants stating the Notice required in paragraph 10 of this Decree was posted and the locations where it was posted. D. The registries of persons attending each of the seminar-training sessions required in paragraph 11 of this Decree and a list of current employees on the day of the seminar-training session. E. An affidavit by Defcndants stating the training required in paragraph II of this Decree was conducted. The affidavit shall be provided within 30 days aner the each training session has been conducted. 14. The Commission, upon reasonable notice, shall havc the right to enter and inspect the premises of Defendants' facilities to ensure compliancc with this decree and federal antidiscrimination laws.
COSTS AND DURATION 15. Each party shall bear their costs and attorney's fces incurred as a result of this action
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through the entry of this Decree. 16. The duration of this Decree shall be three (3) years from its entry. This Court shall
retain jurisdiction of this action for the duration of the Decree. during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that Defendants have not complied with this Decree, appropriate relief. including extension of this Decree for such period as may be necessary to remedy their 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 hy the parties.
18. The parties agree to entry of this Deere.: and judgment subject to final approval by the Court.
Et-:TERED AND ORDERED this2fd~y or~.

APPROVED A:-.JD CONSENTED TO:

GE. f\RTHA VASQUEZ DISTRICT COURT JUDGE
James L. Lee Deputy General Counsel
Gwendolyn)'oung Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington. D.C. 20S07

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~~~.~t~t1sLw~ GILKEY & STEPHEI\'SOI\', P.e. 500 Marquette 'J. W., Suite 505 Albuquerque, J\M 87102 (505) 242-446(, (505) 242-3145 (fax)
Attorneys for Defendants

/
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.'LC)U C(IL

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MAR'{ JO O'NEILL

Regional Attorney

( .. ",
/ Ill-J

A- ~~/7",ut<i<
SALLY SHANLEY

L J~'~"- 6'

Acting Supervisory Trial Attorney

EQCAL EMPLOYMENT OPPORTUNITY COMMISSION
3311l) 'J. Central Ave., Suite 690 Phoenix, Arizona 85012
ltt-u"Y1/!:'"-==-~'-----..ALi--' ~~ Veronica A. Molina Trial Attorney

Loretta Medina Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 Telephone: (505) 248-5231

Altorncys lor Plaintiff

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NOTICE TO ALL EMPLOYEES OF PROGRESSIVE RESIDENTIAL INC. AND PROGRESSIVE RESIDENTIAL OF NEW MEXICO, INC.
This Notice is posted pursuant to a Consent Decree entered into between Progressive Residential. Inc. and Progressive Residential of New Mexico, Inc. and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under the federal law (Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act) and state law to discriminate against an employee on the basis of sex and pregnancy in hiring, firing, compensation or other terms, and conditions or privi leges of employment.
Progressive Residential, Inc. and Progressive Residential of I\ew Mexico, Inc. prohibit all forms of sex and pregnancy discrimination.
Progressive Residential, Inc. and Progressive Residential of New Mexico, Inc. also prohibit any form of harassment of persons because of the condition of pregnancy.
Progressive Residential, Inc. and Progressive Residcntial of New Mcxico, Inc. shall not discriminate on the basis of sex and pregnancy and shall not retal iatc against any employee who opposes a practice made unlawful undcr federal law, files, assists or participates in thc filing of a chargc of discrimination or participates in any investigation under Title VII, or who files a grievancc alleging discrimination.
If you bel ieve you havc bccn discriminated against because of the condition of pregnancy or retaliated against in your workplace, you always have thc right to seek assistance from:
I) Equal Employment Opportunity Commission (EEOC), 505 Marquette, Suite 900, Albuquerque, I\ew \1exieo 87102, 1-800-6694000. or
(2) The New Mexico Department of Labor, Human Rights Division, 1596 Pacheco SI., Suite 103, Santa Fe, I\ew \1exico 87505, (505) 827-6838.
You have the right to fi Ie a charge with the EEOC or the Department of Labor if you believe you arc being discriminated against.
EXHIBIT A

 
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REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:05-cv-01027-MV-KBM

EEOC v. Progressive Resident, et al Assigned to: Chief Judge Martha Vazquez Referred to: Magistrate Judge Karen B. Molzen Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/26/2005 Date Terminated: 08/31/2006 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

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

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V. Defendant Progressive Residential Services, Inc.
Defendant Progressive Residential Services of New Mexico, Inc. also known as Progressive Resident also known as Progressive of NM

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?850868658561831-L_3...
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
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 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
represented by Barbara G. Stephenson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 09/26/2005
10/06/2005 10/12/2005 12/06/2005 12/30/2005 02/21/2006 02/23/2006
04/07/2006 04/07/2006 04/07/2006 04/19/2006 04/25/2006 05/02/2006 05/05/2006 05/05/2006 05/11/2006
06/05/2006 06/07/2006

#

Docket Text

1 COMPLAINT for Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge Karen B. Molzen) (nc) (Entered: 09/27/2005)
SUMMONS issued as to defendant (bap) (Entered: 10/07/2005)
2 WAIVER OF SERVICE of S/C upon Barbara Stephenson for deft Progressive NM on 10/12/05 (bap) Modified on 12/09/2005 (Entered: 10/13/2005)
3 ANSWER by deft Progressive of New Mexico [1-1] (bap) (Entered: 12/07/2005)
4 WAIVER OF SERVICE of Summons upon Everett J. DeHut for deft Progressive Resident on 12/20/05 (bap) (Entered: 01/03/2006)
5 ANSWER by deft Progressive Resident [1-1] (nc) (Entered: 02/22/2006)
6 INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 4/17/06 @ 1:30 pm; provisional discovery plan & IPTR due 4/10/06 (cc: all counsel*) (jrm) (Entered: 02/23/2006)
7 CERTIFICATE of Service by defts of Rule 26 initial disclosures, mailed to counsel on 4/7/06 (*) (bap) (Entered: 04/07/2006)
8 PROVISIONAL DISCOVERY PLAN by the parties (nc) (Entered: 04/10/2006)
9 CERTIFICATE by pltf of Service of Initial Disclosures to counsel on 04/07/06 (nc) (Entered: 04/10/2006)
10 CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference was held (*) (bap) (Entered: 04/19/2006)
11 ORDER by Magistrate Judge Karen B. Molzen setting Settlement Conference on 6/14/06 @ 1:30 pm in Las Cruces (cc: all counsel*) (bap) (Entered: 04/25/2006)
12 CERTIFICATE of Service by plaintiff of first supplemental initial disclosures, mailed to counsel on 5/1/06 (*) (bap) (Entered: 05/02/2006)
13 CERTIFICATE of Service by plaintiff of first request for production of documents, mailed to counsel on 5/5/06 (*) (bap) (Entered: 05/05/2006)
14 CERTIFICATE of Service by plaintiff of first set of interrogatories, mailed to counsel on 5/5/06 (*) (bap) (Entered: 05/05/2006)
15 CERTIFICATE of Service by deft Progressive Residential of first interrogatories and first request for production of documents, hand delivered to counsel on 5/11/06 (*) (seal) (Entered: 05/11/2006)
16 CERTIFICATE of Service by plaintiff of second supplemental initial disclosures, mailed to counsel on 6/5/06 (*) (bap) (Entered: 06/05/2006)
17 CERTIFICATE of Service by defendants of answers to first interrogatories and responses to first request for production of documents, mailed to counsel on 6/7/06 (*) (bap) (Entered: 06/08/2006)

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06/14/2006 06/15/2006 06/15/2006 06/15/2006 06/16/2006 06/21/2006 06/21/2006 07/12/2006 08/29/2006 08/31/2006

21 SETTLEMENT CONFERENCE held before US Magistrate Judge Karen B. Molzen; Settlement efforts to be continued; Counsel to fax plan by one week from today 6/14/06 (rg) Modified on 06/16/2006 (Entered: 06/16/2006)
18 CERTIFICATE of Service by plaintiff of responses and objections to deft's first request for production of documents, hand-delivered to counsel on 6/13/06 (*) (bap) (Entered: 06/15/2006)
19 CERTIFICATE of Service by plaintiff of answers and objections to deft's first interrogatories, hand-delivered to counsel on 6/13/06 (*) (bap) (Entered: 06/15/2006)
20 CERTIFICATE of Service by defendants of second request for production of documents, hand delivered to counsel on 6/15/06 (*) (bap) (Entered: 06/15/2006)
22 CERTIFICATE of Service by defendants of first supplemental response to pltf's first request for production of documents, hand-delivered to counsel on 6/16/06 (*) (bap) (Entered: 06/16/2006)
23 STIPULATION by parties re discovery (*) (bap) (Entered: 06/21/2006)
24 JOINT CONFIDENTIALITY STIPULATION by parties (*) (bap) (Entered: 06/21/2006)
25 CERTIFICATE of Service by pltf of 3rd supplemental initial disclosures, mailed to counsel on 7/11/06 (*) (bap) (Entered: 07/12/2006)
26 CONSENT DECREE & JUDGMENT by Chief Judge Martha Vazquez with terms of resolution as contained therein (cc: all counsel) (td) (Entered: 08/29/2006)
27 JUDGMENT dismissing action by reason of settlement by Chief Judge Martha Vazquez re [26-1] dismissing case for statistical purposes (cc: all counsel*) (bap) (Entered: 08/31/2006)

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06/01/2007 12:32:20

hs0328 Client Code: eeoc

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6:05-cv-01027-MV-KBM

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