1 A. Luis Lucero, Jr. Regional Attorney

John F. Stanley, Acting Supervisory Trial Attorney

2 Wesley Katahira, Senior Trial Attorney

Equal Employment Opportunity Commission

3 909 First Avenue, Suite 400

Seattle, Washington 98104

4 TEL: (206) 220-6918

FAX: (206) 220-6911

BY

5 Wesley.Katahira@eeoc.gov

FILED ...... !~ , LODGED ......
SEP 2:: 2003

CLERK U ’,5 " , ’~: ’ ’"-"~:

DEPU~

6 Attorneys for Plaintiff 7

ORIGINAL

8

9

UNITED STATES DISTRICT COURT

10

FOR THE WESTERN DISTRICT OF WASHINGTON

11 EQUAL EMPLOYMENT OPPORTUNITY
12 COMMISSION,

13

Plaintiff,

14

2 9 03C
)
) JURY TRIAL DEMAND

15

OREGON ELECTRIC CONSTRUCTION, INC., d/b/a WASHINGTON ELECTRIC GROUP

I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII

16

I IIIIIII III IIIIIII IIII!1 IIIII II IIII

Defendant.

17

03-(~’-02903-CMP

18 NATURE OF THE ACTION
19 This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of
20 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex,
21 pregnancy, and to provide appropriate relief to Laura Lindberg and Jennifer Wilkerson who were
22 adversely affected by such practices. The Equal Employment Opportunity Commission alleges that
23 Ms. Lindberg was terminated from her employment and Ms. Wilkerson was constructively
24 discharged because of their pregnancies. Plaintiff seeks monetary and injunctive relief, including
25 pecuniary and nonpecuniary compensatory danaages and punitive damages.
26

27 28
COMPLAINT - PAGE 1

U,S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office 909 First Avenue, Sail* 400 Seattle, Washington 91t104-1061 Telephone (206) 220-6883
l:;aestrnile: (2116) 220-6911
TrY (2~6) 220-6882

1

JURISDICTION AND VENUE

2

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

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

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

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

6

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

7 jurisdiction of the United States District Court for the Western District of Washington.

8

PARTIES

9

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

10 the agency of the United States of America charged with the administration, interpretation and 11 enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1 ) of Title

12 VII, 42 U.S.C. §2000e-5(f)(1).

13

4. At all relevant times, Defendant Oregon Electric Construction, Inc. ("Oregon

14 Electric") has continuously been a corporation doing business in the State of Washington and has

15 continuously had at least 15 employees.

16

5. At all relevant times, Defendant Oregon Electric has continuously been an employer

17 engaged in an industry affecting commerce within the meaning of Sections and Sections 701 (b), (g)

18 and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

19

STATEMENT OF CLAIMS

20

6. More than thirty days prior to the institution of this lawsuit, Laura Lindberg filed a

21 charge, initially with the Washington State Human Rights Commission, which was transferred to

22 the Equal Employment Opportunity Commission alleging violations of Title VII by defendant,

23 Oregon Electric. All conditions precedent to the institution of this lawsuit have been fulfilled.

24

7. From at least November 2000 to January 18, 2001, defendant engaged in unlawful

25 employment practices at its Seattle, Washington facility in violation of §§ 703(a) of Title VII, 42

26 U.S.C. §§ 2000e-2(a). These practices included terminating Ms. Lindberg and forcing the

27 28
COMPLAINT - PAGE 2

U,S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (205} 220-6911 ’[TY (206) 220-68.82

1 constructive discharge of Ms. Wilkerson because of their pregnancies.

2

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

3 Ms. Lindberg and Ms. Wilkerson of equal employment opportunities and otherwise adversely affect

4 their status as employees of Oregon Electric because of sex.

5

The unlawful employment practices complained of in paragraph 7 above were

6 intentional.

7

10. The unlawful employment practices complained of in paragraph 7 above were done

8 with malice or with reckless indifference to the federally protected fights of Ms. Lindberg and Ms.

9 Wilkerson.

10

PRAYER FOR RELIEF

ll

Wherefore, the Commission respectfully requests that this Court:

12

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

13 assigns, and all persons in active concert or participation with it, from engaging in any other

14 employment practice which discriminates on the basis of sex.

15

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

16 provide equal employment opportunities for all employees, and which eradicate the effects of its past

17 and present unlawful employment practices.

18

C. Order defendant to make whole Laura Lindberg and Jennifer Wilkerson by providing

19 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other

20 affirmative relief necessary to eradicate the effects of its unlawful employment practices.

21

D. Order defendant to make whole Laura Lindberg and Jennifer Wilkerson by providing

22 compensation for past and future pecuniary losses resulting from the unlawful employment practices

23 described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be

24 determined at trial.

25

E. Order defendants to make whole Laura Lindberg and Jennifer Wilkerson by providing

26 compensation for past and future nonpecuniary losses resulting from the unlawful practices

27 28
COMPLAINT - PAGE 3

U,S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION" Seattle District Office 909 First Avenue, Suite 400
Seot~le, W~ngton 91][04÷1061 Telephone: (206) 220-61183
Facsimile: (206) 220-691 [ T"fY (206) 220-6882

complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss

of enjoyment of life, in amounts to be determined at trial.

F. Order defendant to pay Laura Lindberg and Jennifer Wilkerson punitive damages for

its malicious and reckless conduct described in paragraph 7 above, in mnounts to be determined at

trial.

6

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

7 interest.

8

H. Award the Commission its costs of this action.

9

JURY TRIAL DEMAND

10

The Co~mnission requests a jury trial on all questions of fact raised by its complaint.

11

DATED this ~-’~ ~ day of 0~-~~~~, 2003.

12 A. LUIS LUCERO, JR. Regional Attorney
13 JOHN F. STANLEY
14 Acting Supervisory Trial Attorney

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel

15 WESLEY KATAHIRA Senior Trial Attorney
16

GWENDOLYN YOUNG REAMS Associate General Counsel

17
EQUAL EI~LOYMENCF OPPORTU~’Y 18 COMMISSION
Seattle District Office 19 909 First Avenue, Suite 400
Seattle, Washington 98104
20 Telephone (206) 220-6851

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

21

22

Attorneys for Plaintiff

23

24

25

26

27 28
COMPLAINT - PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite .400
Seattle, Wasbitz~ot~ 98104~1061 Tdephone: (206) 220-6883
F~sit~.le: (205) 220-6911 TTY (206) 220-6882

 
 1

The Honorable Ricardo S. Martinez

2 A. Luis Lucero, Jr. Regional Attorney John F. Stanley, Acting Supervisory Trial Attorney
3 Wesley Katahira, Senior Trial Attorney Equal Employment Opportunity Commission
4 909 First Avenue, Suite 400 Seattle, Washington 98104
5 TEL: (206) 220-6918 FAX: (206) 220-6911
6 Wesley.Katahira@eeoc.gov

7 Attorneys for Plaintiff

8

9

10

UNITED STATES DISTRICT COURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON

12

EQUAL EMPLOYMENT OPPORTUNITY

)

13 COMMISSION,

)

)

14

Plaintiff,

)

)

15

v.

)

)

16 OREGON ELECTRIC CONSTRUCTION, INC., )

d/b/a WASHINGTON ELECTRIC GROUP

)

17

)

Defendant.

)

18

)

CIVIL NO. CV03-2903RSM
CORRECTED CONSENT DECREE AND ORDER
[PROPOSED]

19

I. INTRODUCTION

20

1. This action originated with a charge of employment discrimination filed with the

21 Washington State Human Rights Commission (“WSHRC”) and the Equal Employment

22 Opportunity Commission (“the Commission”) on March 12, 2001 by Laura K. Lindberg

23 (“Charge”). The Charge alleged that Oregon Electric Construction, Inc., d/b/a Washington

24 Electric Group (“the Company”) terminated Ms. Lindberg because of her pregnancy in violation

25 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (“Title VII”) and Washington

26 State Law Against Discrimination. WSHRC found reasonable cause to believe the Charge to be

27 28
CONSENT DECREE - PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNI TY COMMI SSI ON
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TTY (206) 220-6882

1 true and transferred the case to EEOC. EEOC adopted WSHRC’s reasonable cause finding as to

2 Charging Party Lindberg but also found reasonable cause to believe that Jennifer Wilkerson was

3 a similarly situated class member who was also discriminated against when she was

4 constructively discharged because of her pregnancy. The Company denies that it discriminated

5 against Ms. Lindberg, Ms. Wilkerson or any other employee in any manner.

6

2. Following the issuance of a Letter of Determination and the failure of conciliation

7 efforts, the Commission filed a lawsuit under Title VII against the Company on September 24,

8 2003.

9

3. The parties want to conclude the claims arising out of the charges, the

10 Commission’s determinations with regard to the charges, and the lawsuit arising from the

11 charges, without expending further resources in contested litigation.

12

II. NONADMISSION OF LIABILITY AND

13

NONDETERMINATION BY THE COURT

14

4. This Consent Decree is not an adjudication or finding on the merits of this case

15 and shall not be construed as an admission by the Company of a violation of any law.

16

III. SETTLEMENT SCOPE

17

5. This Consent Decree is the final and complete resolution of all allegations of

18 unlawful employment practices included in the Charge, in the Commission’s Letters of

19 Determination and in the Commission’s complaint filed in the case that were or could have been

20 brought based on the administrative charge, including all individual and all class claims, as well

21 as claims by the parties and/or class members for attorney fees and costs. The injunctive relief

22 provisions of this Consent Decree apply to the Company’s corporate office in Portland, Oregon

23 and is final and binding as to all such issues and claims.

24

IV. MONETARY RELIEF

25

6. In settlement of this suit, the Company agrees to pay Forty Thousand Dollars and

26 No Cents ($40,000.00) to Ms. Lindberg and Twenty Thousand Dollars and No Cents

27 28
CONSENT DECREE - PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNI TY COMMI SSI ON
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TTY (206) 220-6882

1 ($20,000.00) to Ms. Wilkerson in settlement and satisfaction of all claims for monetary relief

2 which were or could have been asserted in the case by them. Payment of settlement proceeds to

3 Ms. Lindberg and Ms. Wilkerson will be made in the following manner:

4

a. Ms. Lindberg, Ms. Wilkerson and the company will enter into a private

5

release agreement to which the EEOC is not a party.

6

b. Only upon receipt by the Company of the signed release agreements, will

7

the Company, within either fourteen days or the next date payroll checks are

8

normally issued by the Company, whichever is later, issue a check in an amount

9

of $40,000.00 to Ms. Lindberg and a check in the amount of $20,000.00 to Ms.

10

Wilkerson, along with IRS 1099 Forms to each. The checks shall be mailed by

11

registered mail to Ms. Lindberg and Ms. Wilkerson at their current home

12

addresses.

13

c. Within 5 days of mailing the checks, the Company, through its attorney,

14

will verify the mailing by providing to the EEOC copies of the checks.

15

d. Ms. Lindberg and Ms. Wilkerson bear the ultimate responsibility for the

16

tax consequences of the payments received.

17

V. INJUNCTIVE RELIEF

18

A. General Provisions

19

7. The Company reaffirms its commitment to continue to comply with the

20 requirements of Title VII and all other federal laws against discrimination in its employment

21 decisions. To further this commitment, it shall monitor its affirmative obligations under this

22 Consent Decree.

23

8. The Company shall not retaliate against any current or former employee for

24 opposing any practice made unlawful by Title VII. Nor shall the Company retaliate against any

25 current or former employee for making a charge or for testifying, assisting, or participating in any

26 investigation, proceeding, or hearing associated with the case.

27 28
CONSENT DECREE - PAGE 3

U.S. EQUAL EMPLOYMENT OPPORTUNI TY COMMI SSI ON
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TTY (206) 220-6882

1

9. The Company will provide neutral employment references for Ms. Lindberg and

2 Ms. Wilkerson if requested by a potential employer, confirming their dates of employment. The

3 Company shall not refer to Ms. Lindberg’s charge of discrimination or Ms. Wilkerson’s

4 involvement in Ms. Lindberg’s charge.

5

B. Reaffirmation of EEO Policy and Procedures to Prevent Discrimination

6

10. The Company agrees to reaffirm its anti-discrimination policy prohibiting

7 discrimination on the basis of race, sex (including pregnancy), national origin, color, religion,

8 age, and disability. The Company agrees to consider reasonable modifications to its anti-

9 discrimination policy identified by EEOC.

10

C. Training

11

11. The Company agrees it will conduct employment discrimination training for not

12 less than three (3) hours, including training on pregnancy discrimination, for its senior level

13 managers and operations team in the Company’s Portland, Oregon location covered by this

14 Consent Decree. The Company has scheduled the training required by this paragraph for

15 February 28, 2005.

16

D. Reporting

17

12. Within thirty (30) days after the training described in paragraph 11 has occurred,

18 the Company’s attorney will notify EEOC that the training was completed.

19

13. The Company further agrees to notify EEOC if the defendant opens an office in

20 Washington State within the next five (5) years.

21 //

22 //

23 //

24

25

26

27 28
CONSENT DECREE - PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNI TY COMMI SSI ON
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TTY (206) 220-6882

1

DATED this 9th

day of February , 2005.

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

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel

5 WESLEY KATAHIRA Senior Trial Attorney
6

GWENDOLYN YOUNG REAMS Associate General Counsel

7 BY: /s/ A. Luis Lucero, Jr.

8 EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

9 Seattle District Office

Office of the General Counsel

909 First Avenue, Suite 400

1801 "L" Street NW

10 Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6918

11

Attorneys for Plaintiff EEOC

12 Dated: February 9, 2005
13 SUSSMAN SHANK, LLP
14

15 BY: /s/ Nena Cook Nena Cook, WSBA No. 21697
16 Attorneys for Defendant
17

18

19

20

21

22

23

24

25

26

27 28
CONSENT DECREE - PAGE 5

U.S. EQUAL EMPLOYMENT OPPORTUNI TY COMMI SSI ON
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TTY (206) 220-6882

 
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CLOSED
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:03-cv-02903-RSM

Equal Employment Opportunity Commission v. Oregon Electric Construction Inc Assigned to: Hon. Ricardo S Martinez Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/24/2003 Date Terminated: 02/14/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Wesley Katahira EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6851 Email: wesley.katahira@eeoc.gov

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V. Defendant Oregon Electric Construction Inc doing business as Washington Electric Group
Counter Claimant Oregon Electric Construction Inc

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov ATTORNEY TO BE NOTICED
represented by Jeff D Brecht SUSSMAN SHANK 1000 SW BROADWAY SUITE 1400 PORTLAND, OR 97205-1111 503-227-1111 Email: jeffb@sussmanshank.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nena Cook SUSSMAN SHANK WAPNICK CAPLAN & STILES 1000 SW BROADWAY SUITE 1400 PORTLAND, OR 97205-1111 503-227-1111 Fax: FAX 1-503-248-0130 Email: nena@sussmanshank.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeff D Brecht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nena Cook (See above for address) ATTORNEY TO BE NOTICED

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V.
Counter Defendant
Equal Employment Opportunity Commission

Date Filed 09/24/2003 10/09/2003 10/20/2003
10/20/2003 10/24/2003 10/31/2003 12/22/2003

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMANDED against defendant Oregon Electric Construction Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 10/01/2003)

2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Oregon Electric Construction Inc on 10/6/2003. (LS, ) (Entered: 10/17/2003)

3 MINUTE ENTRY setting status conference:

The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-553-4435. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 1/22/2004 09:00 AM before John C Coughenour. (JM,counsel) (Entered: 10/20/2003)
4 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (LS, ) (Entered: 10/21/2003)
5 ANSWER to Complaint, COUNTERCLAIM against plaintiff Equal Employment Opportunity Commission by Defendant Oregon Electric Construction Inc, Plaintiff Equal Employment Opportunity Commission. (Cook, Nena) (Entered: 10/24/2003)
6 CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 4 Discovery and Depositions Order. (LS, ) (Entered: 11/05/2003)
7 ANSWER to Counterclaim by Plaintiff Equal Employment Opportunity Commission.(LS, ) (Entered: 01/05/2004)

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01/22/2004
07/02/2004 07/12/2004 07/13/2004 07/23/2004 09/01/2004 11/17/2004 11/17/2004

8 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: GG; CR: Sue Palmerton; Counsel: Katahira/Cook; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.
Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury.
Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar.
Pretrial and trial schedule are set as follows: Jury Trial set for/will resume 2/22/2005 09:30 AM before John C Coughenour. Pretrial Order due by 2/11/2005; Pleading amendment/3rd pty action due by 7/9/2004; 39.1 mediation to be completed by 7/9/2004; Trial briefs to be submitted by 2/17/2005; Voir dire/jury instructions due by 2/17/2005; (GG, ) (Entered: 01/22/2004)
9 NOTICE by Plaintiff Equal Employment Opportunity Commission of Selection of Mediator Pursuant to LR 39.1(c)(3) (Katahira, Wesley) (Entered: 07/02/2004)
10 Case transferred to the Hon. Ricardo S. Martinez. All pleadings filed in the future shall bear case number C03-2903RSM. Judge John C Coughenour no longer assigned to the case. (JM, ) (Entered: 07/12/2004)
11 MINUTE ORDER by Judge Ricardo Martinez: Mediation was to be completed by 7/9/04. Mediator's report due 8/2/04. (LC, ) (Entered: 07/13/2004)
12 REPORT from Mediator Michele Sales regarding failure of mediation on 7/19/04. (RS, ) (Entered: 07/29/2004)
13 INITIAL DISCLOSURES by Defendant Oregon Electric Construction Inc.(Cook, Nena) (Entered: 09/01/2004)
14 MOTION for Summary Judgment by Defendant Oregon Electric Construction Inc. Noting Date 12/10/2004.Oral Argument Requested. (Attachments: # 1 PROPOSED ORDER # 2 CERTIFICATE OF SERVICE)(Cook, Nena) Attachments not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)
15 DECLARATION of Glenn Patterson filed by Defendant Oregon Electric

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11/17/2004
12/06/2004 12/06/2004 12/06/2004 12/06/2004
12/06/2004 12/09/2004 12/09/2004 12/09/2004 12/15/2004 12/15/2004

Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Cook, Nena) Declaration Not Signed. Attachment Not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)
16 AFFIDAVIT of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 # 2 Exhibit 2)(Cook, Nena) Affidavit not Signed; Attachments not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)
17 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 14 MOTION for Summary Judgment. (Katahira, Wesley) (Entered: 12/06/2004)
18 DECLARATION of LAURA LINDBERG filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/06/2004)
19 DECLARATION of JENNIFER WILKERSON filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/06/2004)
20 DECLARATION of WESLEY KATAHIRA filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 part 1# 2 Exhibit 1 part 2# 3 Exhibit 2 part 1# 4 Exhibit 2 part 2# 5 Exhibit 2 part 3# 6 Exhibit 3 part 1# 7 Exhibit 3 part 2# 8 Exhibit 3 part 3# 9 Exhibit 4# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15) (Katahira, Wesley) (Entered: 12/06/2004)
21 CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 17 Response to Motion FOR SUMMARY JUDGMENT. (Katahira, Wesley) (Entered: 12/06/2004)
22 REPLY, filed by Defendant Oregon Electric Construction Inc, TO RESPONSE to 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/09/2004)
23 DECLARATION of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibits 1-4# 2 Certificate of Service)(Cook, Nena) Attachments not Identified, Modified on 12/10/2004 (LMS, ). (Entered: 12/09/2004)
24 DECLARATION of Michael R. Trautman filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/09/2004)
25 SURREPLY filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/15/2004)
26 DECLARATION of WESLEY KATAHIRA filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary

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12/15/2004 12/16/2004 12/16/2004 12/17/2004 12/17/2004 12/17/2004 01/12/2005 01/12/2005 01/13/2005
02/09/2005

Judgment (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Katahira, Wesley) (Entered: 12/15/2004)
27 CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 25 Surreply, 26 Declaration. (Katahira, Wesley) (Entered: 12/15/2004)
Set/Reset Deadlines & Hearings: At direction of the Court, Motions in Limine due by 1/25/2005; Proposed Pretrial Order due by 2/9/2005. Proposed Findings of Fact and Conclusions of Law to be submitted by 2/17/2005; Final Pretrial Conference set for 2/11/2005 01:30 PM before Hon. Ricardo Martinez. (LW) (Entered: 12/16/2004)
Set Oral Argument on 14 MOTION for Summary Judgment: Motion Hearing set for 1/13/2005 01:30 PM before Hon. Ricardo Martinez. (LW) (Entered: 12/16/2004)
28 NOTICE of Appearance by attorney Teri L Healy on behalf of Plaintiff Equal Employment Opportunity Commission (Healy, Teri) (Entered: 12/17/2004)
29 RESPONSE, by Defendant Oregon Electric Construction Inc, to 14 MOTION for Summary Judgment. (Attachments: # 1 Certificate of Service )(Cook, Nena) Attachment Not Identified, Modified on 12/20/2004 (LMS, ). (Entered: 12/17/2004)
30 DECLARATION of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/17/2004)
31 MINUTE ORDER at direction of Judge Ricardo S. Martinez: Referring case to Judge Karen L. Strombom to conduct a settlement conference. Csnl are directed to contact Patti Hickey, judicial assistant, at 253-5936751 to schedule. (LW) (Entered: 01/12/2005)
32 APPLICATION by Defendant Oregon Electric Construction Inc AND ORDER admitting Jeff D Brecht pro hac vice. Receipt # 851173. (RS, ) (Entered: 01/13/2005)
33 MINUTE ENTRY for proceedings held before Judge Ricardo Martinez Dep Clerk: Gail Glass; Pla Counsel: Wesley Katahira; Def Counsel: Nena Cook; CR: Laurie Brigg, Vernon & Associates; In Court Hearing held on 1/13/2005.The court hears oral argument from counsel on defendant's motion for summary judgment. (Dkt. #14). The court STRIKES the Pretrial Conference set for February 11, 2005 at 1:30 p.m., to be rescheduled later. The court DENIES the parties' two motions to strike. The court takes the matter under advisement, and will issue a ruling shortly. (GG, ) (Entered: 01/13/2005)
34 SEE CORRECTED FILING AT DOC #35; NOTICE by Plaintiff Equal Employment Opportunity Commission of Proposed Consent Decree (Katahira, Wesley) Modified on 2/10/2005 (ECS, ). (Entered: 02/09/2005)

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35 NOTICE by Plaintiff Equal Employment Opportunity Commission of Corrrected Consent Decree (Katahira, Wesley) (Entered: 02/09/2005)
36 ORDER APPROVING CORRECTED CONSENT DECREE, Case Dismissed with Prejudice and Without Costs or Attorneys' Fees to any Party by Judge Ricardo Martinez. (LMS, ) (Entered: 02/15/2005)
37 TRANSCRIPT of Proceedings held on 1/13/05 Motion for Summary Judgment before Judge Ricardo S Martinez. Court Reporter: L. Briggs. (SA, ) (Entered: 02/18/2005)

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