FILED
UNITED STAr,s DISTRICT COURT DISTRICT v" 1\E'l1 MEYJCO
"J
01 APR -5 PH 2: ~O

IN THE UNITED STATES DISTRI.~~.U~~~T FOR THE DISTRICT OF NEW ~/I'f:f~ CLLC.I1,I'i\"",'1. !'/)1\",.',",_'1-f\v,.'1IJ,E

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LARKEN, INC. OF ALBUQUERQUE and

)

LARKEN, INC., d/b/a RADISSON HOTEL, )

)

Defendant.

)

)

0382.
CIV
JURY TRIAL DEMANDED

NATURE OF THE ACTION

This action is commenced pursuant to Title VII of the Civil Rights Act of 1964 and

Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the bases

of national origin and sex, and to provide appropriate relief to Janet Sanchez who was

adversely affected by such practices. This action is also commenced pursuant to the Age

Discrimination in Employment Act to correct unlawful employment practices on the basis of

age and to provide appropriate relief to Janet Sanchez. The Equal Employment Opportunity

Commission alleges that Janet Sanchez, an executive housekeeper employed by Radisson Hotel

for many years, was terminated from employment by Radisson's general manager who

began employment with Radisson in Albuquerque approximately three (3) months prior to the

termination, because of her national origin (Hispanic), sex (female), and/or her age (fifty-

one [51]).

\

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5(t)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. This action is also authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Section 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA ") as amended, 29 U.S.c. §§ 216(c) and 217. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(t)(1) and (3). The Commission is also the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of the Reorganization Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Larken, Inc. of Albuquerque and Larken Inc., d/b/a Radisson Hotel ("defendant Larken" ) has continuously been an Iowa corporation doing business in the
2

'--
8. The effect of the practices complained of in Paragraph 7 has been to deprive Janet Sanchez of equal employment opportunities and otherwise adversely affect her status as an employee because of her national origin, sex and/or age.
9. The unlawful employment practices complained of in Paragraph 7 were intentional. 10. The unlawful employment practices complained of in paragraph 7 were done with malice or reckless indifference to the federally protected rights of Janet Sanchez. 11. The unlawful employment practices complained of in Paragraph 7 were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant Larken, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment discrimination based on national origin, sex and/or age, including the unlawful termination from employment of Janet Sanchez. B. Order defendant Larken to institute and carry out policies, practices, and programs which provide equal employment opportunities for Hispanic women who are age forty (40) or above, and which eradicate the effects of its past and present unlawful employment practices. C. Order defendant Larken to make whole Janet Sanchez by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, reinstatement of Janet Sanchez.
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D. Grant a judgement requiring defendant Larken to pay appropriate back wages in an

amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest

to Janet Sanchez.

E. Order defendant Larken to make whole Janet Sanchez by providing compensation

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

described in Paragraph 7 above, including job search expenses, medical expenses, and moving

expenses, in amounts to be determined at trial.

F. Order defendant Larken to make whole Janet Sanchez by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices complained of in

Paragraph 7 above, including emotional pain, suffering, inconvenience, mental anguish and

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

G. Order defendant Larken to pay Janet Sanchez punitive damages for its malicious

and reckless conduct described in Paragraph 7 above, in an amount to be determined at trial.

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

interest.

I. Award the Commission its costs in this action.

JURY TRIAL DEMAND

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

opN.1 ~ DATED this

day of

,2001.

Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507

iw~~N~

C. EMANUEL SMITH

1

Acting Regional Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012

VERONICA A. MOLINA Trial Attorney
{MQ~~
LORETTA MEDINA Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5231
Attorneys for Plaintiff

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 FILED
UNITED STATES DIHR!CT COURT ALBUQUERQUIi, NeW MEXICO

IN THE UNITED STATES DISTRICT COURT

NOV 142001

FOR THE DISTRICT OF NEW MEXICO ~??J.tr-e-It

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

LARKEN ALBUQUERQUE LIMITED

)

PARTNERSHIP, LARKEN ALBUQUERQUE, )

INC., LARKEN, INC. OF ALBUQUERQUE and)

LARKEN, INC., d/b/a RADISSON HOTEL, )

)

Defendants.

)

CLERK NO. CIV-OI-0382 BB/LFG
CONSENT DECREE

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

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against Larken, Inc. of Albuquerque and Larken, Inc., d/b/a Radisson Hotel, to enforce Title VII of the Civil Rights Act, as amended, 42 U .S.C. §2000e et seq. (Title VII) and the Age Discrimination in Employment Act (ADEA). In the Complaint, the Commission alleged that defendants subjected Janet Sanchez to employment discrimination based on her sex, national origin, and/or age, in violation of Title VII and the ADEA.
This Decree does not constitute an admission to liability by the defendants, nor an adjudication on the merits of the allegations in the complaint. The parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the Entry of Findings of Fact and Conclusions of Law.

Larken Albuquerque Limited Partnership and Larken Albuquerque, Inc. claim that

they were not the employers of Janet Sanchez and that they were not properly named in any

employment charge, or as defendants in this lawsuit. However, in the interest of securing

appropriate relief in this matter, Larken Albuquerque Limited Partnership and Larken

Albuquerque, Inc. agree to their voluntary joinder as party defendants in this lawsuit for the

limited purpose of submitting to the jurisdiction of this Court for the purpose of providing

them protection from further litigation or claims related to the facts and issues arising out of

this lawsuit.

The EEOC claims that Larken Albuquerque Limited Partnership and Larken

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Albuquerque, Inc. are joint venturers in the Radisson Hotel, which is managed by Larken,

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i

Inc., an Iowa corporation. For purposes of this Consent Decree, Larken Albuquerque

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Limited Partnership, Larken Albuquerque, Inc., Larken, Inc. of Albuquerque, and Larken,

Inc., d/b/a Radisson Hotel, are referred to collectively as "defendants" and the terms of this

Decree apply to such defendants, unless otherwise specified. The term "Hotel" as used in

this Decree will mean and refer to the hotel located at 1901 University Blvd. S.E.,

Albuquerque, New Mexico.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

I. This Decree resolves all claims of the Commission and Janet Sanchez against

the defendants, including back pay, interest, injunctive relief, attorney's fees and costs

arising out of the issues in this lawsuit.

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i-i

AGREEMENT NOT TO DISCRIMINATE

2. Defendants, their officers, agents, employees, successors, assigns and all

persons in active concert or participation with them agree, for the duration of the Decree, not

to unlawfully discriminate against any employee on the basis of sex, national origin, or age,

or to retaliate against any employee who: (a) opposes practices made unlawful by Title VII,

the ADEA or a state equal employment statute, (b) makes a charge of discrimination or

assists or participates in an investigation or proceeding under Title VII, the ADEA, or a state

equal employment statute, or (c) files an internal complaint of discrimination. Defendants

agree that the term of this agreement not to unlawfully discriminate in violation of the

aforesaid statutes will remain in effect for the duration of the Decree.

RELIEF TO JANET SANCHEZ

3. In accordance with this Decree, Janet Sanchez shall receive compensatory

damages in the amount of seventy thousand dollars ($70,000.00) from Larken, Inc. in full

and complete settlement of all claims against the defendants arising out of the facts and issues

included in this lawsuit.

4. Larken, Inc. shall pay the amount designated in paragraph 3 by mailing a

check directly to Janet Sanchez at 2800 Azar Place N.W., Albuquerque, New Mexico 87104,

within ten (10) days of the date of entry of this Consent Decree and after receipt by Larken,

Inc. of a fully executed general release Ms. Sanchez will execute, whichever occurs later.

The check will be made payable to Janet Sanchez. Within five (5) days of the issuance of the

check, Larken Inc. will submit a copy of the check and related correspondence of the

Regional Attorney, Equal Employment Opportunity Commission, 505 Marquette N. W. ,
,.

3

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Suite 900, Albuquerque, New Mexico 87102-2189.

5. In the event the payment required by paragraph 3 is not made by the 10th day

after entry of this Decree and delivery of the executed general release, it is agreed that

plaintiff may seek a judgment against the defendants.

6. In response to any employment inquiries or reference checks concerning Janet

Sanchez the defendants shall provide only the charging party's dates of employment each

"
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!

position held, job duties and salary. This provision shall remain in force for so long as Janet

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i

Sanchez uses the defendants as a reference and is not limited to the three years of this

Decree.

7. Defendants shall not take any action against any witness III this case in

retaliation for filing a charge of employment discrimination or for participating, assisting or

testifying in this action.

POLICIES AND PRACTICES

8. Defendants shall review its existing policies on unlawful employment

discrimination, and make any changes necessary so that its policies comply with Title VII

and the ADEA. Defendants shall ensure its written policy includes a statement that

employees at the Hotel are encouraged to complaint directly to EEOC if they, for any reason,

do not wish to make a complaint at their work place. After reviewing and making any

necessary revisions to its policies, defendants shall distribute a copy of its employment

discrimination policies to each of its current full and part-time employees, and to each new

employee hired at the Hotel for the duration of this Decree.

4

TRAINING AND POSTING BY DEFENDANTS

9. Defendants shall provide training on sex, national origin, and age

discrimination according to the following terms:

A. Defendants shall retain and pay for a consultant/lecturer who shall provide

consultation and training for one seminar-training session each year this Decree is

in effect. All employees of the Hotel shall attend the seminar-training sessions.

In addition, all management personnel who are responsible for hiring and firing

decisions for the Hotel shall attend the seminar-training sessions. Duplicative

sessions and/or videotaped sessions may be held to accommodate stafting needs.

Defendants shall be responsible for any additional costs to provide such

duplicative sessions.

B. The first seminar-training session shall be conducted within four (4) months of the

entry of this Decree.

C. The consultant/lecturer shall be a person(s) acceptable to the Commission.

Defendants shall submit the name(s), address(es), telephone number(s), and

!

f

resume(s) of the proposed consultant/lecturer(s) together with the dates of the

I

proposed seminar-training sessions and the details of the contents of the training to

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the Regional Attorney of the Albuquerque District Office of the Equal

Employment Opportunity Commission within sixty days of the entry of this

Decree. The Commission shall have thirty days from the date of receipt of the

11

information described above to accept or reject the proposed consultant/lecturer

fl

and/or the contents of the training. In the event the commission does not approve

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5

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the designated consultant/ lecturer, the Commission shall designate the consultant/

lecturer which shall be paid by the Defendant and its successors at a cost not to

exceed one thousand dollars ($1,000.00) per year.

D. The seminar-training sessions shall be no less than two (2) hours of instruction.

All personnel, designated in Paragraph A shall both register and attend the

seminar-training session. The registry of attendance shall be retained by

i'

I

defendants for the duration of the Decree. E. The training shall include the subject of which constitutes unlawful discrimination

f
.;,..
:

based on sex, national origin, and age, and retaliation; that sex, national origin,

and age discrimination in the hiring, firing, compensation, assignment or other

terms, conditions or privileges of employment and retaliation. violates Title VII or

i

the ADEA; how to prevent sex, national origin, and age discrimination and

!

retaliation, how to provide a work environment free from sex. national origin, and

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age discrimination, and to whom and by what means employees may complain if

they feel they have been subjected to discrimination based on sex, national origin,

or age, and retaliation in the workplace.

,,.

F. Employees hired after the seminar-training sessions are presented shall view, at or

'.

around the time of their hire, a video tape of the training and/or a professional

training tape which covers the topics set forth in 9.E. and shall be given any

written material disseminated at the seminar-training sessions for the duration of

this Decree.

6

10. The Commission, at is discretion, may designate Commission representatives to attend and participate in the seminar-training sessions described above, and the representatives shall have the right to attend and fully participate in the sessions.
11. Defendants shall post within 30 days of the entry of this Consent Decree, for a period of thirty six (36) months in a prominent place frequented by its employees, the Notice attached to this Decree as Exhibit A. This Notice shall be the same type, style and size as in Exhibit A.
REPORTING BY DEFENDANTS AND ACCESS BY EEOC 12. Defendants shall report in writing and in affidavit form to the Regional Attorney of the Commission's Albuquerque District Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102, beginning six months from the date of the entry of this Decree, and thereafter every six months for the duration of the Decree the following information: A. Any changes, modifications, revocations, or revisions to its policies and
procedures which concern or affect the subject of sex, national ongm, or age discrimination. B. The registries of persons attending each of the seminar-training sessions required in paragraph 9 of this Decree and a list of current employees on the day of the seminar-training session. C. An affidavit by defendants stating: (1) the Notice required in paragraph 11 of this Decree was posted and the locations where it was posted; and (2) they have complied with paragraph 8 of this Decree.
7

D. In the event the Hotel is sold within three years of entry of this Decree,

defendants shall provide to the Regional Attorney of the Albuquerque EEOC

Office, a complete copy of the fully executed and recorded deed evidencing

transfer of the Hotel within thirty (30) days of the date the sale was closed.

13. The Commission upon reasonable notice shall have the right to enter and

inspect the defendants' facilities to ensure compliance with this Decree and federal anti-

discrimination laws.

COSTS AND DURATION

14. Each party shall bear its costs and attorney's fees incurred as a result of this

action through the filing of this Decree.

15. Except as otherwise provided herein, 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 its non-compliance, may be ordered.

16. Except as provided herein, this Decree shall expire by its own terms at the end

of three (3) years after entry, without further action by the parties. However, the Decree

shall expire at an earlier date if, as a result of a sale or transfer of the Hotel, none of the

defendants or their respective principals have any remaining ownership interest in or

management relationship with the Hotel. In the event of the closing of such a sale or transfer within one year of the date this Decree is entered, this Decree shall expire one year from the

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,,.

8

I <,
date it was entered, In the event of the closing of such a sale or transfer that occurs more

than one year from the date this Decree is entered, this Decree shall expire on the closing

date of that transaction. However, this Decree shall expire earlier than three years only if (1)

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defendants provide proof to the EEOC of a sale of the Hotel in the form of transfer of

1
i ,

ownership documents that reflect the sale as well as no remaining ownership interest of, or

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management relationship by, any of the defendants or their respective principals; and (2)

defendants and/or purchaser(s) are current with their obligations pursuant to this Decree both

i

as of the effective date of the sale and the date of the proposed early termination of this

I

Decree.

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17. The parties agree to entry of this Decree and judgment subject to final

I

approval by the Court.

R ~ay U ~", ENTERED AND ORDERED this

of G>

ltOOI.

~H~2W~~ THE HONORABLE BRUCE D. BLACK UNITED STATES DISTRICT JUDGE

APPROVED AND CONSENTED TO:

Gwendolyn Y. Reams

t

Associate General Counsel
t
EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

1801 L Street, N.W.

Washington, D.C. 20507

,.

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9

k1ttl"\_Q~~~~J.pA

C. Emanuel Smith

7

Acting Regional Attorney

~~'v'tW~ Sandra J. Padegimas Acting Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

. COMMISSION

3300 N. Central Ave., Suite 690

Phoenix, Arizona 85012

(602) 640-5061

\

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(

;
Mark A. Glenn, Esq.

Veronica A. Molina

;
I
.'

Trial Attorney

Loretta Medina Senior Trial Attorney

MOSES, DUNN, FARMER & TUTHILL, P.c. P.O. Box 27047 Albuquerque, New Mexico 87125-7047 Telephone: (505) 843-9440

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette N.W., Suite 900 Albuquerque, New Mexico 87125-7047 Telephone: (505) 248-5231

Attorneys for Defendants

Attorneys for Plaintiff

10

NOTICE TO ALL HOTEL EMPLOYEES

This Notice is posted pursuant to a Consent Decree entered into between the Hotel, located

at 1901 University Boulevard, S.E., Albuquerque, New Mexico, 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 Age

Discrimination in Employment Act) and state law to discriminate against an employee on the

basis of sex, national origin, or age, in the hiring, firing, compensation or other terms, and

conditions or privileges of employment.

.

The Hotel shall not discriminate on the basis of sex, national origin, or age, and shall not

!

retaliate against any employee who opposes a practice made unlawful under federal law,

I

files, assists, or participates in the filing of a charge of discrimination or participates in any

I \

investigation under Title VII or the ADEA.

If you believe you have been discriminated against by the Hotel, you have the right to seek assistance from and file a charge of discrimination with the:

1) Equal Employment Opportunity Commission (EEOC), 505 Marquette, Suite 900, Albuquerque, New Mexico 87102, (505) 248-5201 or 1-800-669-4000;
or

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

You have the right to file a charge with the EEOC or the NMHRD if you believe you are

being discriminated against.

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Further. federal law requires that no action may be taken against you for (1) opposing discriminatory practices made unlawful by federal 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 or the ADEA. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the NMHRD listed above.

EXHIBIT A

 
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MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:01-cv-00382-BB-LFG

EEOC v. Larken, Inc, et al Assigned to: District Judge Bruce D. Black Referred to: Magistrate Judge Lorenzo F. Garcia Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/05/2001 Date Terminated: 11/14/2001 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

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102

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V. Defendant Larken, Inc. of Albuquerque
Defendant Larken, Inc. doing business as Radisson Hotel

(505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark A. Glenn Moses, Dunn, Farmer & Tuthill PO Box 27047 Albuquerque, NM 87125-7047 (505) 843-9440 Fax: 247-3213 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark A. Glenn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/05/2001 04/05/2001 04/20/2001 04/20/2001
05/08/2001 05/08/2001 05/09/2001
05/24/2001

#

Docket Text

1 COMPLAINT-Title VII of the Civil Rights Act of 1964 with jury demand (1 Summons(es) issued) (vv) (Entered: 04/06/2001)
LETTER to counsel re consent to proceed before a U S Magistrate Judge (vv) (Entered: 04/06/2001)
2 NOTICE by plaintiff of refusal to consent to proceed before a US Magistrate Judge (Garcia) (cc: intake) (jrm) (Entered: 04/20/2001)
3 MINUTE ORDER: Case reassigned to District Judge Bruce D. Black and Case referred to Magistrate Judge Lorenzo F. Garcia for discovery purposes (cc: all counsel) (jrm) (Entered: 04/20/2001)
4 RETURN OF SERVICE executed upon deft Larken, Inc. on 4/18/01 (vv) (Entered: 05/08/2001)
5 ANSWER by Larken, Inc, Larken, Inc. [1-1] (sl) (Entered: 05/08/2001)
6 INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference set for 6/15/01 @ 3:00 pm; provisional discovery plan and IPTR due 6/11/01 (cc: all counsel*) (jrm) (Entered: 05/09/2001)
7 NOTICE by defendants of refusal to consent to proceed before a US Magistrate Judge (Garcia) (jrm) (Entered: 05/24/2001)

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06/04/2001 06/05/2001 06/05/2001 06/13/2001 06/19/2001 06/26/2001 06/26/2001 06/26/2001 06/26/2001 06/29/2001 07/03/2001
07/31/2001 07/31/2001 08/03/2001 08/28/2001

8 INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference reset for 6/19/01 @ 3:00 pm; provisional discovery plan and IPTR due 6/13/01 (cc: all counsel*) (jrm) (Entered: 06/04/2001)
9 CERTIFICATE of service of initial disclosures by plaintiff to counsel on 6/4/01 (jrm) (Entered: 06/05/2001)
10 CERTIFICATE of service by defts of initial disclosures to counsel on 6/4/01 (vv) (Entered: 06/05/2001)
11 ATTORNEYS' PROVISIONAL DISCOVERY PLAN (jrm) (Entered: 06/14/2001)
12 CLERK'S MINUTES: before Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference HELD (jrm) (Entered: 06/19/2001)
13 ORDER by Magistrate Judge Lorenzo F. Garcia adopting attorneys' provisional discovery plan filed 6/13/01; except as modified by IPTR [11-1] (cc: all counsel*) (jrm) (Entered: 06/26/2001)
14 ORDER by Magistrate Judge Lorenzo F. Garcia assigning standard track and setting pretrial deadlines Discovery cutoff 11/19/01 ; Motion Filing cutoff 1/21/02 ; Pretrial order ddl 3/07/02 (cc: all counsel*) (jrm) (Entered: 06/26/2001)
15 ORDER by Magistrate Judge Lorenzo F. Garcia setting Rule 16 settlement conference for 9/07/01 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) Modified on 06/29/2001 (Entered: 06/26/2001)
16 CERTIFICATE of service by pltf of 1st supplemental initial disclosures to counsel on 6/26/01 (vv) (Entered: 06/27/2001)
17 NOTICE of hearing before District Judge Bruce D Black Jury selection/trial set for 4/01/02 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 06/29/2001)
18 INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Lorenzo F. Garcia ; Discovery set for 11/19/01 ; mtn filing ddl set for 1/21/02 ; proposed pretrial order due 3/7/02 ; pretrial conference set for 8:30 am on 3/18/02 ; jury trial set for 9:00 am on 4/1/02 ; Estimated # of Trial Days: 5; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 07/03/2001)
19 CERTIFICATE of service by pltf of 1st set of non-uniform interrogatories to counsel on 7/27/01 (vv) (Entered: 07/31/2001)
20 CERTIFICATE of service by pltf of 1st request for production of documents to counsel on 7/27/01 (vv) (Entered: 07/31/2001)
21 CERTIFICATE of service by defts of 1st set of interrogatories, 1st request for production of documents to counsel on 8/3/01 (vv) (Entered: 08/06/2001)
22 CERTIFICATE of service of objections and answers to 1st set of non-uniform interrog(s) and objections and responses to 1st request for production by defendants to counsel on 8/27/01 (jrm) (Entered: 08/28/2001)

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09/06/2001 09/07/2001 09/21/2001 09/25/2001 09/28/2001 10/05/2001 10/11/2001 11/14/2001 11/14/2001 11/14/2001

23 CERTIFICATE of service of objections and responses to 1st request for production and 1st set of interrog(s) and 1st requests for admissions by plaintiff to counsel on 9/4/01 (jrm) (Entered: 09/06/2001)
SETTLEMENT CONFERENCE held before Magistrate Judge Lorenzo F Garcia; case not settled (jrm) (Entered: 09/07/2001)
24 UNOPPOSED MOTION by plaintiff to extend the deadline for identification of experts and expert reports (jrm) (Entered: 09/24/2001)
25 ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion to extend the deadline for identification of experts and expert reports as described herein [24-1] (cc: all counsel) (jrm) (Entered: 09/25/2001)
26 CERTIFICATE by plaintiff of service of disclosure of expert witness to counsel on 9/26/01 (eg) (Entered: 09/28/2001)
27 JOINT MOTION by parties to extend time to serve mtns to compel (time not specified) (jrm) (Entered: 10/05/2001)
28 ORDER by Magistrate Judge Lorenzo F. Garcia granting the parties joint motion to extend time to serve mtns to compel [27-1]; pltf has until 10/19/01, defts until 10/27/01 (cc: all counsel) (jrm) (Entered: 10/11/2001)
29 STIPULATED MOTION for order asserting jurisdiction over Larken Albuquerque Limited Partnership and Larken Albuquerque, Inc (jrm) (Entered: 11/14/2001)
30 ORDER by District Judge Bruce D. Black granting the parties stipulated motion for order asserting jurisdiction over Larken Albuquerque Limited Partnership and Larken Albuquerque, Inc [29-1] (cc: all counsel) (jrm) (Entered: 11/14/2001)
31 (ORDER) CONSENT DECREE by District Judge Bruce D. Black as described herein dismissing case (cc: all counsel) (jrm) (Entered: 11/14/2001)

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06/07/2007 11:37:48

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Docket Report

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