14'ILEJ)

UNrrEQ STA TES r)fSffiIGT COURT

IN THE UNITED STATES DISTRICT COURT ALBUOUERQUE. NEW MEXICO

FOR THE DISTRICT OF NEW MEXICO

DEC - 5 200~

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

Pit ~I,';(:;?/#d-i.f.phr/?-;,?l~( ~

)

CLERK

Plaintiff,

)

CIV 01-0473 MCNLFG

)

v.

)

CONSENT DECREE

)

BRINK'S, INCORPORATED,

)

)

Defendant.

)

)

The United States Equal Employment Opportunity Commission (the "Commission" or

"EEOC") filed this action against Brink's Incorporated ("Defendant"), to enforce Title VII of the

Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. In the Complaint, the

Commission alleged that Elizabeth Montoya, an employee of Defendant's Albuquerque Branch,

was not promoted to the position of Assistant Branch Manager because of her sex, female.

The parties to this Consent Decree 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 oflaw.

It is hereby ORDERED, ADJUDGED AND DECREED:

I. This decree resolves all claims of the Commission and Elizabeth Montoya arising

out of the issues in this lawsuit against Defendant, including claims for back pay, compensatory

and punitive damages, interest, injunctive relief, attorneys' fees and costs.

INJUNCTION 2. For the duration of this Consent Decree, Defendant, its managers, officers, agents, employees, successors, assigns and all persons in active concert or participation with them, shall

not discriminate against any employee because of his or her sex, including discrimination related to promotion decisions.
3. For the duration of this Consent Decree, Defendant, its managers, officers, agents, employees, successors, assigns, and all those in active concert or participation with them, or any of them, shall not engage in reprisal or retaliation of any kind against Elizabeth Montoya, any witness who testified, assisted, or participated in any manner in this case or any person because such person:
A. opposed any practice made unlawful under Title VII; B. filed a charge of discrimination with the Commission or a state agency or testified
or participated in any manner in any investigation, proceeding or hearing under the Title VII; C. requested and/or received relief in accordance with this Consent Decree; or D. participated in any manner in this action or in the investigation giving rise to this action.
RELIEF TO CHARGING PARTY 4. Within seven (7) calendar days after this Consent Decree is approved by the Court, Brink's shall make payment in the form of a business check made payable to Elizabeth Montoya in the amount of $58,750.00 for compensatory damages. Brink's will issue a United States Internal Revenue Service Form 1099 to Ms. Montoya for the amounts designated as compensatory damages. 5. Within five (5) days of issuance of the check required by paragraph 4 above, Defendant shall submit a copy of the checks and related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, Albuquerque District Office, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189.
2

6.

Defendant shall provide Elizabeth Montoya with a brief letter of recommendation

signed by a Brink' s official at the District Manager level or above. The letter provided to Ms.

Montoya shall be consistent with the language contained in Exhibit B to this Decree.

7. In response to any written employment inquiries or reference checks concerning

Elizabeth Montoya, Defendant shall provide only Ms. Montoya's dates of employment, job titles

and salary. This provision shall remain in force for so long as Ms. Montoya uses the Defendant

as a reference and is not limited to the two-year duration of this decree.

8. Within ten (10) days of entry of this decree, Defendant shall distribute Brink's

Policies and Procedures Manual section regarding Reference Inquiries and Credit Checks to local

management of the Albuquerque Branch and to all Albuquerque Branch employees whose duties

involve responding to such inquires.

DEFENDANT'S POLICIES AND PRACTICES

9. To assist Defendant in its effort to foster a work environment free of sex

discrimination, Defendant shall take the actions provided for in Paragraphs 10 and 11.

10. Defendant shall post within thirty (30) days of the entry of this Consent Decree,

for a period of twenty-four (24) months in a prominent place frequented by its employees in New

Mexico, the Notice attached to this Decree as Exhibit A. This Notice shall be the same type,

style and size as in Exhibit A.

11. Defendant shall provide training on sex discrimination according to the following

terms:

A. Defendant shall provide at least two training sessions during the term of this

Consent Decree. All employees, including managers and supervisors, at all New

3

Mexico facilities shall attend the training. Duplicative sessions may be held to accommodate staffing needs. Defendant shall be responsible for all costs associated with this training. B. During the first year of the Consent Decree, the training shall be conducted within four (4) months of the entry of this decree. Additional training shall be conducted at least once in the second year of this Consent Decree, which will be conducted no later than twenty months after entry of the Decree. C. Defendant shall select a trainer qualified to conduct training on the subject of sex discrimination 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 office of the Equal Employment Opportunity Commission within sixty (60) days of the entry of this Consent Decree. During the second year of the Consent Decree, the above information concerning the proposed training session shall be submitted to the Regional Attorney at least forty-five (45) days prior to the seminar-training session. D. The training shall include a minimum of two hours of instruction. All personnel designated in Paragraph A shall both register and attend the training. The registry of attendance shall be retained by Defendant at least for the duration of the Consent Decree. E. The training, at a minimum, shall include the subjects of: what constitutes unlawful discrimination based on sex; that sex discrimination in promotion practices, hiring, firing, compensation, assignment or other terms, conditions or privileges of employment violates Title VII; how to prevent sex discrimination; how to provide a work environment free from sex discrimination, and to whom
4

and by what means employees may complain if they feel they have been subjected to sex discrimination. F. Immediately following the training seSSIOns, Defendant's highest ranking managerial official(s) in New Mexico shall speak to the employees about: (I) potential discipline that can be taken against supervisors, managers and employees who commit acts of sex discrimination or who allow sex discrimination to occur in the workplace; (2) the importance of maintaining an environment free of sex discrimination; and (3) the employer's policies regarding sex discrimination. This time shall not be counted toward the two-hour minimum training required in Paragraph liD. In the event of the need for duplicative or make-up training sessions, the Defendant may present the managerial official's remarks by video presentation. All such video presentations shall be copied and supplied to the Commission in accord with Paragraph 13 of this Consent Decree. G. For the duration of this decree, at or around the time of hire, employees hired after the annual training is presented shall view a video tape of the training and/or a professional training tape which covers the topics set forth in Paragraph 11 E, and shall be given any written material disseminated at the training. 12. In accordance with this Consent Decree, the Commission, at its discretion, may designate Senior Trial Attorney Loretta Medina, or other appropriate Commission representative, to attend the training sessions held pursuant to Paragraph 11 ofthis Decree.
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REPORTING OF COMPLIANCE 13. Defendant shall report in writing and in affidavit form c/o the Regional Attorney of the Equal Employment Opportunity Commission's Albuquerque District Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189, beginning six months from the date of the Entry of this Consent Decree, and thereafter every six months for the duration of the Consent Decree the following information: A. The registries of persons attending each of the seminar-training sessions required
in Paragraph 11 and a list of current employees for all New Mexico facilities on the day of the seminar-training session(s). B. An affidavit from Defendant's highest ranking official(s) in New Mexico stating: (1) the Notice required in Paragraph 10 was posted and the locations where it was posted and (2) it has complied with Paragraphs 2-11 of this Consent Decree.
COSTS AND DURATION 14. Each party shall bear its costs and attorneys' fees incurred as a result of this action through the entry ofthis Consent Decree. 15. The duration of this Consent Decree shall be two (2) years from the date of its entry. This Court shall retain jurisdiction of this action for the duration of the Consent Decree, during which the Commission may petition this Court for compliance with this Consent Decree. Should the Court determine that Defendant has not complied with this Consent Decree, appropriate relief, including extension of this Consent Decree for such period as may be necessary to remedy its noncompliance, may be ordered.
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16. Without further action by the parties, this Consent Decree shall expire by its own

terms at the end of two (2) years after the date of entry.

17. The parties agree to entry ofthis Consent Decree subject to final approval by the

.s- + Court. ENTERED AND ORDERED this

-= day of \:h ~\... ... ~ 2002.

TINA ARMIJO UNITED STATES DISTRICT JUDGE

APPROVED AND CONSENTED TO:

GWENDOLYN YOUNG REAMS Associate General Counsel Litigation Management Services

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

bMo")}W~ MARY JO O'NEILL
Regional Attorney

~~!~

C. EMANUEL SMITH

I

Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012

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/ J

, ESQ.

KlNG, PAGANO & HARRISON 425 Park Avenue New York, New York 10022 Telephone: (212) 223-4000
Attorneys for Defendant

~~
LORETTA MEDINA Senior Trial Attorney
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It
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 Telephone: (505) 248-5230
Attorneys for Plaintiff

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NOTICE TO ALL EMPLOYEES OF BRINK'S INCORPORATED
This Notice is posted pursuant to a Consent Decree between Brink's, Incorporated ("Brink's) and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under the federal law (Title VII of the Civil Rights Act of 1964) and state law to discriminate against an employee on the basis of sex in promotion practices, hiring, firing, compensation or other terms, and conditions or privileges of employment.
Brink's prohibits all forms of sex discrimination, including sex discrimination in promotion practices. Brink's does not discriminate on the basis of sex. Brink's does not retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation under Title VII, or who files a grievance alleging discrimination.
If you believe you are being discriminated against or retaliated against you should report this to the designated investigative officer at your workplace who may be contacted atc_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
If you believe you have been discriminated against by your Employer you have the right to seek assistance from:
I) Equal Employment Opportunity Commission (EEOC), 505 Marquette, Suite 900, Albuquerque, New Mexico 87102, (505) 248-5201 or 1-800669-4000. or
(2) The New Mexico Department of Labor, Human Rights Division, 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87505, (505) 827-6838.
You have the right to file a charge with the EEOC or the Department of Labor if you believe you are being discriminated against.
EXHIBIT A

DATE To Whom It May Concern:
Elizabeth Montoya has been employed with Brink's, Incorporated in Albuquerque, New Mexico, for eleven years and seven months. She has held the positions of Driver, Messenger, Office Employee and Secretary, and also has worked in the Currency Room, Vauit, ATMICompusafe operations. Ms. Montoya has been a dedicated and hard-working employee. Ms. Montoya is very capable in accounting and office management. She also has strong customer service skills.
Sincerely, DISTRICT MANAGER OR HIGHER OFFICIAL
EXHIBITB

 
 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

av )

CIV

)

01 0473 lH

v.

) )

COMPLUQtEU~ [fa GAIGA

BRINK'S, INCORPORATED,

)

)

JURy TRIAL DEMANDED

Defendant.

)

)

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Elizabeth Montoya who was adversely affected by such practices. The

Commission alleges that Ms. Montoya was denied a promotion to an Assistant Manager position

by Defendant because of her sex, female.

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(f)(I) and(3) of

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

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

l

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 an 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)(I) and (3). 4. At all relevant times to this action, Defendant Brink's Incorporated ("Defendant" or "Employer") has continuously been a Delaware Corporation doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Elizabeth Montoya filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October, 1999, Defendant has engaged in unlawful employment practices at its Albuquerque facility in violation of Sections 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). These practices include denying Ms. Montoya a promotion to Assistant Manager because of her sex, female.
2

8. The effect of the practices complained of above has been to deprive Elizabeth

Montoya ofequal employment opportunities and otherwise adversely affect her status as employee

because of her sex.

9. The unlawful employment practices complained of in paragraphs 7-8 above were

intentional.

10. The unlawful employment practices complained of in paragraphs 7-8 above were

done with malice and/or reckless indifference to the federally protected rights of Elizabeth

Montoya.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant its officers, successors, assigns,

and all persons in active concert or participation with them, from engaging in any employment

practice which discriminates on the basis of sex, including the failure to promote women because

of their sex and any other employment practice which discriminates on the basis of sex.

B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and

present unlawful employment practices.

C. Grant a judgment requiring Defendant to pay Elizabeth Montoya appropriate back

wages in an amount to be proved at trial, and prejudgment interest, to eradicate the effects of its

unlawful employment practices described above.

D. Order Defendant to make whole Elizabeth Montoya by providing the affirmative

relief necessary to eradicate the effects of its unlawful employment practices, including but not

3

limited to, rightful place reinstatement and/or front pay, and compensation for past and future

pecuniary losses, in amounts to be proved at trial.

E. Order Defendant to make whole Elizabeth Montoya, who was adversely affected

by the unlawful employment practices described above, by providing compensation for non-

pecuniary losses, including but not limited to, emotional pain, anxiety, depression, loss of

enjoyment of life, damage to her reputation and humiliation in amounts to be determined at trial.

F. Order Defendant to pay Elizabeth Montoya, who was adversely affected by the

unlawful employment practices described above, punitive damages for its malicious and/or

reckless conduct, in amounts to be determined at trial.

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

interest.

I. Award the Commission its costs in this action.

JURY TRIAL DEMANDED

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

DATED thi~ay of <1 ~...,9

,2001.

Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

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

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;4 ..L.~~ C. EMANUEL SMITH Acting Regional A t : : = =
SANDRA PADEGIMAS Acting Supervisory Trial A EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
kO);b~~~A LORETTA MEDINA Senior Trial Attorney VERONICA A. MOLINA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230 Attorneys for Plaintiff
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 Case 1:01-cv-00473-MCA-LFG Document 2 Filed 05/10/01 Page 1 of 5

!', .

'.I

IN THE UNITED STATES DISTRICT COURT01 MAY \ 0 PH \: 20

FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRINK'S, INCORPORATED,

)

)

Defendant.

)

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

CIV 01-0473 LH/LFG
FIRST AMENDED COMPLAINT JURy TRIAL DEMANDED

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Elizabeth Montoya who was adversely affected by such practices. The

Commission alleges that Ms. Montoya was denied a promotion to an Assistant Branch Manager

position by Defendant because of her sex, female.

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)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A.

Case 1:01-cv-00473-MCA-LFG Document 2 Filed 05/10/01 Page 2 of 5
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 an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times to this action, Defendant Brink's Incorporated ("Defendant" or "Employer") has continuously been a Delaware Corporation doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Elizabeth Montoya filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 1999, Defendant has engaged in unlawful employment practices at its Albuquerque facility in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). These practices include denying Ms. Montoya a promotion to Assistant Branch Manager because of her sex, female.
2

Case 1:01-cv-00473-MCA-LFG Document 2 Filed 05/10/01 Page 3 of 5
8. The effect of the practices complained of above has been to deprive Elizabeth Montoya of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraphs 7-8 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7-8 above were done with malice and/or reckless indifference to the federally protected rights of Elizabeth Montoya.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of sex, including the failure to promote women because of their sex and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant to pay Elizabeth Montoya appropriate back wages in an amount to be proved at trial, and prejudgment interest, to eradicate the effects of its unlawful employment practices described above. D. Order Defendant to make whole Elizabeth Montoya by providing the affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not
3

Case 1:01-cv-00473-MCA-LFG Document 2 Filed 05/10/01 Page 4 of 5

limited to, rightful-place promotion, and/or front pay, and compensation for past and future

pecuniary losses, in amounts to be proved at trial.

E. Order Defendant to make whole Elizabeth Montoya, who was adversely affected

by the unlawful employment practices described above, by providing compensation for non-

pecuniary losses, including, but not limited to, emotional pain, anxiety, depression, loss of

enjoyment of life, damage to her reputation and humiliation in amounts to be determined at trial.

F. Order Defendant to pay Elizabeth Montoya, who was adversely affected by the

unlawful employment practices described above, punitive damages for its malicious and/or

reckless conduct, in amounts to be determined at trial.

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

interest.

I. Award the Commission its costs in this action.

JURY TRIAL DEMANDED

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

, DATED this ~ay o~ =<

,2001.

Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

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

4

Case 1:01-cv-00473-MCA-LFG Document 2 Filed 05/10/01 Page 5 of 5

irnQ~'~~

C. EMANUEL SMITH

7

Acting Regional Attorney

iWnm~lJir~~ Acting Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
k kQQi~kA11hh~~
LORETTA MEDINA Senior Trial Attorney

VERONICA A. MOLINA Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230

Attorneys for Plaintiff

5

 
 MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico − Version 3.2.3 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:01−cv−00473−MCA−LFG

EEOC v. Brink's Incorporated Assigned to: District Judge M. Christina Armijo Referred to: Magistrate Judge Lorenzo F. Garcia Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination
Plaintiff

Date Filed: 04/27/2001 Date Terminated: 01/17/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government 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 Email: gwendolyn.reams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque , NM 87102 (505) 248−5230 Fax: (505) 248−5217 Email: loretta.medina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra Padegimas EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix , AZ 85012−1848 (602) 640−5000 Fax: 640−5009 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

V. Defendant Brink's Incorporated

represented by Claud Eugene Vance Vance Chavez &Associates LLC PO Box 1547 Albuquerque , NM 87103 (505) 247−1111 Fax: 247−1536 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James E Kellett 425 Park Ave 29th Floor New York , NY 10022 (212) 223−4000 Fax: 223−4134 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/27/2001
05/10/2001 06/07/2001 06/07/2001 06/11/2001 06/27/2001
07/05/2001 07/25/2001 07/26/2001
07/30/2001
08/02/2001 08/14/2001 08/30/2001

# Docket Text
1 COMPLAINT re: civil rights w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge Lorenzo F. Garcia) (eg) Modified on 04/30/2001 (Entered: 04/30/2001)
2 AMENDED COMPLAINT [1−1] by plaintiff EEOC; jury demand (sl) (Entered: 05/10/2001)
3 ENTRY OF APPEARANCE for deft by James E Kellett (vv) (Entered: 06/08/2001)
4 ENTRY OF APPEARANCE for deft by Claude E. Vance (vv) (Entered: 06/08/2001)
5 WAIVER OF SERVICE upon defendant Brink's Incorporated on 5/31/01 (sl) (Entered: 06/11/2001)
6 INITIAL SCHEDULING ORDER by Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference set for 8/21/01 @ 10:00 am; provisional discovery plan and IPTR due 8/16/01 (cc: all counsel*) (jrm) (Entered: 06/28/2001)
7 ANSWER by defendant Brink's Incorporated [2−1] (sl) (Entered: 07/06/2001)
8 UNOPPOSED MOTION for Extension of time for pltf to serve motions to strike (no date specified) by plaintiff (sl) (Entered: 07/25/2001)
9 ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion for extension of time until 8/30/01 to serve motion to strike [8−1] (cc: all counsel) (sl) (Entered: 07/26/2001)
10 NOTICE of hearing before Magistrate Judge Lorenzo F. Garcia Telephonic Rule 16 scheduling conference reset for 8/31/01 at 10:00 am (cc: all counsel*) (sl) (Entered: 07/30/2001)
11 PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 08/03/2001)
12 CERTIFICATE of service by pltf of initial disclosures to counsel on 8/13/01 (vv) (Entered: 08/15/2001)
19 MOTION by plaintiff to strike affirmative defenses (sl) Modified on 10/29/2001 (Entered: 10/29/2001)

08/31/2001 09/04/2001
09/04/2001
09/07/2001 09/14/2001
10/11/2001
10/26/2001 10/26/2001 10/26/2001 11/02/2001
11/06/2001 11/27/2001 12/13/2001 12/26/2001 12/27/2001
01/03/2002 01/22/2002 01/23/2002
02/12/2002 02/20/2002 03/07/2002

13 CLERK'S MINUTES: before Magistrate Judge Lorenzo F. Garcia Rule 16 scheduling conference held (sl) (Entered: 08/31/2001)
14 ORDER by Magistrate Judge Lorenzo F. Garcia adopting Attorneys Provisional Discovery Plan [11−1] except as modified by IPTR (cc: all counsel*) (sl) (Entered: 09/04/2001)
15 ORDER by Magistrate Judge Lorenzo F. Garcia assigning standard track and setting pretrial deadlines Discovery cutoff 2/8/02 ; Motion Filing cutoff 4/8/02 ; Pretrial ddl 5/15/02 (cc: all counsel) (sl) (Entered: 09/04/2001)
16 CERTIFICATE of service by defendant of first request for production of documents and first set of interrogatories to counsel on 8/31/01 (sl) (Entered: 09/07/2001)
17 INITIAL PRE−TRIAL REPORT by District Judge C. LeRoy Hansen and Magistrate Judge Lorenzo F. Garcia ; Discovery set for 2/8/02 ;mtn filing ddl set for 4/8/02 ; proposed pretrial order due 5/15/02 ; Estimated # of Trial Days: 5−6; Chances of Settlement: poor (cc: all counsel) (sl) Modified on 10/01/2001 (Entered: 09/14/2001)
18 CERTIFICATE of service by plaintiff of answers and objections to deft's first set of request for production of documents, answers and objection to first set of interrogatories to counsel on 10/10/01 (sl) (Entered: 10/11/2001)
20 MEMORANDUM by plaintiff in support of motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)
21 RESPONSE by defendant to pltf's motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)
22 REPLY by plaintiff to deft's response to motion to strike affirmative defenses [19−1] (sl) (Entered: 10/29/2001)
23 ORDER by Magistrate Judge Lorenzo F. Garcia setting settlement conference for 3/29/02 at 9:00 am (cc: all counsel*) (sl) Modified on 11/09/2001 (Entered: 11/05/2001)
24 CERTIFICATE by plaintiff of service of 1st set of interrogs &request for production to counsel on 10/31/01 (eg) (Entered: 11/07/2001)
25 MINUTE ORDER: Case reassigned from Judge C. LeRoy Hansen to District Judge M. C. Armijo (cc: all counsel*) (sl) (Entered: 11/28/2001)
26 CERTIFICATE of service by defendant of responses and objections to pltf's discovery requests to counsel on 12/4/01 (sl) (Entered: 12/13/2001)
27 UNOPPOSED MOTION by plaintiff to extend time until 1/24/02 in which to serve mtn to compel (jrm) (Entered: 12/26/2001)
28 ORDER by Magistrate Judge Lorenzo F. Garcia granting pltf's motion to extend time until 1/24/02 in which to serve deft with a mtn to compel responses [27−1] (cc: all counsel) (ild) (Entered: 12/27/2001)
29 CERTIFICATE by plaintiff of service of 2nd request for production &1st request for admissions to counsel on 01/02/02 (eg) (Entered: 01/07/2002)
30 JOINT MOTION by plaintiff to extend some case deadlines (sl) (Entered: 01/22/2002)
31 ORDER by Magistrate Judge Lorenzo F. Garcia granting joint motion to extend some case deadlines [30−1] Discovery cutoff 2/22/02 ; Motion Filing cutoff 5/2/02 ; Pretrial order ddl 6/5/02 (cc: all counsel) (sl) (Entered: 01/24/2002)
35 MOTION by plaintiff to compel deft to fully respond to EEOC's interrogatory No. 15 (sl) Modified on 04/16/2002 (Entered: 03/18/2002)
32 CERTIFICATE of service by defendant of responses and objections to pltf's discovery request (sl) (Entered: 02/20/2002)
33 ORDER by Magistrate Judge Lorenzo F. Garcia vacating settlement conference and directing parties to proceed to private settlement facilitation (cc: all counsel*) (sl) (Entered: 03/07/2002)

03/07/2002
03/15/2002 03/15/2002 03/15/2002 03/15/2002 03/15/2002 03/15/2002 03/15/2002 04/01/2002
04/18/2002 04/19/2002 04/30/2002 05/17/2002 05/21/2002
06/03/2002 06/03/2002 06/03/2002
06/03/2002 06/03/2002 06/03/2002 06/03/2002 06/20/2002

34 ORDER by Magistrate Judge Lorenzo F. Garcia extending pretrial deadlines Motion Filing cutoff 6/3/02 ; Pretrial order ddl 7/5/02 (cc: all counsel*) (sl) (Entered: 03/07/2002)
36 MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)
37 AFFIDAVIT of Loretta Medina in support of motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)
38 RESPONSE by defendant to motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)
39 DECLARATION of Greg Hanno in support of motion response [38−1] (sl) (Entered: 03/18/2002)
40 DECLARATION of Kimberly G. Baldwin in support response [38−1] (sl) Modified on 04/16/2002 (Entered: 03/18/2002)
41 REPLY by plaintiff to response to motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (sl) (Entered: 03/18/2002)
42 DECLARATION of Loretta Medina in support of reply [41−1] (sl) Modified on 04/16/2002 (Entered: 03/18/2002)
43 MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Lorenzo F. Garcia denying pltf's motion to compel deft to fully respond to EEOC's interrogatory No. 15 [35−1] (cc: all counsel*) (sl) (Entered: 04/01/2002)
44 JOINT MOTION for extension of non−dispositive motions deadline by parties (sl) (Entered: 04/18/2002)
45 ORDER by Magistrate Judge Lorenzo F. Garcia granting joint motion until 6/3/02 to file non−dispositive motions [44−1] (cc: all counsel*) (sl) (Entered: 04/19/2002)
48 MOTION by defendant Brink's Incorporated for summary judgment (sl) (Entered: 06/05/2002)
46 UNOPPOSED MOTION by plaintiff to exceed page limitation for EEOC's response to deft's motion for summary judgment (sl) (Entered: 05/20/2002)
47 ORDER by District Judge M. C. Armijo granting pltf's motion to exceed page limitation for EEOC's response to deft's motion for summary judgment [46−1] (cc: all counsel) (sl) (Entered: 05/21/2002)
49 MEMORANDUM by defendant Brink's Incorporated in support of motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)
50 AFFIDAVIT of Derrick Moreau in support of motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)
51 APPENDIX filed by defendant Brink's Incorporated re memorandum in support of motion for summary judgment [49−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)
52 RESPONSE by plaintiff to deft's motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)
53 APPENDIX filed by plaintiff re response [52−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)
54 REPLY by defendant to pltf's response to motion for summary judgment [48−1] (sl) (Entered: 06/05/2002)
55 APPENDIX filed by defendant re reply [54−1] (sl) Modified on 06/13/2002 (Entered: 06/05/2002)
56 NOTICE by plaintiff of errata to response in opposition to deft's 4/30/02 motion for summary judgment (sl) (Entered: 06/20/2002)

07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002 07/03/2002

57 MOTION by deft in limine to exclude pltf's use of employment data &statistical information at trial (bap) (Entered: 07/03/2002)
58 MEMORANDUM by deft in support of motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)
59 DECLARATION of James Kellett in support of deft's memorandum of law in support of motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)
60 RESPONSE by pltf in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)
61 AFFIDAVIT of Loretta Medina in support of response in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [60−1] (bap) (Entered: 07/03/2002)
62 REPLY by deft to pltf's response in opposition to deft's motion in limine to exclude pltf's use of employment data &statistical information at trial [57−1] (bap) (Entered: 07/03/2002)
63 MOTION by deft in limine to exclude pltf's use of evidence relating to events occurring after November 1999 (bap) (Entered: 07/03/2002)
64 MEMORANDUM of Law by deft in support of motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)
65 DECLARATION by James Kellett in support of defts memorandum of law in support of motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)
66 RESPONSE by pltf in opposition to deft's motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)
67 AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's [66−1], motion in limine to exclude pltf's use of evidence relating to events occurring after November 1999 [63−1] (bap) (Entered: 07/03/2002)
68 MOTION by pltf in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya (jrm) (Entered: 07/05/2002)
69 MEMORANDUM by pltf in support of mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
70 AFFIDAVIT of Loretta Medina re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
71 RESPONSE in opposition by deft to mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
72 DECLARATION by James E Kellett in support of deft's response in opposition re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
73 REPLY by pltf to response in opposition to mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
74 AFFIDAVIT of Loretta Medina in support of reply to deft's response in opposition re: mtn in limine to exclude testimony or documentary evidence relating to Elizabeth Montoya [68−1] (jrm) (Entered: 07/05/2002)
75 MOTION by deft in limine to exclude hearsay testimony of Elizabeth Montoya at trial (bap) (Entered: 07/05/2002)

07/03/2002 07/03/2002
07/03/2002 07/03/2002
07/03/2002 07/03/2002 07/03/2002 07/03/2002
07/03/2002 07/03/2002
07/03/2002 07/09/2002
11/19/2002 12/05/2002 01/17/2003

76 MEMORANDUM of Law by deft in support of motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)
77 DECLARATION of James Kellett in support of deft's memorandum re motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)
78 RESPONSE by pltf in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)
79 AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)
80 REPLY by deft to pltf's response in opposition to deft's motion in limine to exclude hearsay testimony of Elizabeth Montoya at trial [75−1] (bap) (Entered: 07/05/2002)
81 MOTION by deft in limine to exclude lay witness opinion testimony at trial (bap) (Entered: 07/05/2002)
82 MEMORANDUM of Law by deft in support of motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)
83 DECLARATION of James Kellett in support of deft's memorandum re motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)
84 RESPONSE by pltf in opposition to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)
85 AFFIDAVIT of Loretta Medina in support of pltf's response in opposition to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)
86 REPLY by deft to pltf's response to deft's motion in limine to exclude lay witness opinion testimony at trial [81−1] (bap) (Entered: 07/05/2002)
87 NOTICE of hearing before Judge M. Christina Armijo Pretrial conference set for 3/4/03 at 10:00 am ; Jury trial set for 4/15/03 at 9:00 am in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 07/10/2002)
88 PRE−TRIAL ORDER by District Judge M. C. Armijo : (cc: all counsel) (jrm) (Entered: 11/19/2002)
89 ORDER by District Judge M. C. Armijo of consent decree as described herein (cc: all counsel) (sl) (Entered: 12/06/2002)
90 MINUTE ORDER: by Judge M. Christina Armijo dismissing case (cc: all counsel*) (sl) (Entered: 01/21/2003)