EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,..., 2006 WL 4540849...
2006 WL 4540849 (D.Nev.) (Proposed Order, Agreement and Settlement) United States District Court, D. Nevada.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
CAESARS ENTERTAINMENT, INC. d/b/a Reno Hilton, Park Place Entertainment Corporation d/b/a Reno Hilton, FHR Corporation d/b/a Reno Hilton, and Does 1-10, inclusive, Defendants. Rosa de Moreno, Plaintiff and Intervenor, v.
Caesars Entertainment, Inc., dba Reno Hilton, Park Place Entertainment Corporation dba Reno Hilton, Maria Morales, an individual; Juana Gonzales, an individual; Prudencia Escobar, an individual; Diomira Castro; an individual; and an Individual Known Only as “Chacha,” as an individual and in her official capacity as Union
Steward, Defendants.
No. CV-N-04-0276-BES-VPC. July 18, 2006.
Stipulation of Dismissal with Prejudice
William R. Tamayo, #084965 (CA), David Offen-Brown, #063321 (CA), Elizabeth Esparza-Cervantes, #205412 (CA), U.S. Equal Employment Opportunity Commission, 350 The Embarcadero, Suite 500, San Francisco, CA 94105, Telephone: (415) 625-5658, Facsimile: (415) 625-5657, Attorneys for Plaintiff, U.S. Equal Employment Opportunity Commission.
Susan Heaney Hilden, Esq., Bar No. 5358, Littler Mendelson, 50 West Liberty Street, Suite 400, Reno, NV 89501, Telephone: 775.348.4888, Fax No.: 775.786.0127, Attorneys for Defendants.
IT IS HEREBY STIPULATED between Plaintiff Equal Employment Opportunity Commission and Defendants Caesars Entertainment, Inc., d/b/a/ Reno Hilton and Park Place Entertainment Corporation, d/b/a Reno Hilton, by and through their designated counsel of record, that this case and each and every cause of action be dismissed in its entirety against Defendants Caesars Entertainment, Inc., d/b/a/ Reno Hilton and Park Place Entertainment Corporation, d/b/a Reno Hilton, with prejudice, each party to bear their own costs and attorneys’ fees.
Dated: 7/14, 2006
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By: <<signature>>
William R. Tamayo, Regional Attorney
By: <<signature>>
David F. Offen-Brown, Supervisory Trial Attorney
By: <<signature>>
Elizabeth Esparza-Cervantes, Trial Attorney
Attorneys for Plaintiff 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,..., 2006 WL 4540849... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dated: June 20, 2006 LITTLER MENDELSON By: <<signature>> Susan Heaney Hilden, Esq. Attorneys for Defendants CAESARS ENTERTAINMENT, INC. d/b/a RENO HILTON, PARK PLACE ENTERTAINMENT CORPORATION d/b/a RENO HILTON, FHR CORPORATION d/b/a RENO HILTON SO ORDERED this ____ day of ______________________, 2006. __________ HON. BRIAN E. SANDOVAL UNITED STATES DISTRICT JUDGE
2

 
 Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 1 of 7

Anna Y. Park.....SBN 164242 Sue J. Noh StlN 192134 2 Elizabeth Esparza-Cervantes, SBN 205412 U.S. EQUAL EMPLOYMENT 3 OPPORiUNITY COMMISSION 255 East TemQle Street, 4th Floor 4 Los Angeles CA 90012 Telephone: (213) 894-1082 5 FacsImile: (213) 894-1301
6 Attome~ for Plaintiff U.S. E UAL EMPLOYMENT
7 OPPOR UNITY COMMISSION

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UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12 Plaintiff,
13 v.
14
15 CAESARS ENTERTAINMENThTT INC., d/b/a RENO HILTONtPAKl\..
16 PLACE ENTERTAINMEN CORPORATION d/b/a RENO
17 HILTON and DOES 1 - 10, inclusive,

CASE NO.: COMPLAINT-CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.c. §§ 2000e, et seq.)
JURy TRIAL DEMAND
CV -N-04-0276-DWH-VPC

18 Defendants.
19

20

21

NATURE OF THE ACTION

22

This is an action under Title VII of the Civil Rights Act of 1964, as

23 amended, and Title I of the Civil Rights Act of 1991 to correct unlawful

24 employment practices. Plaintiff United States Equal Employment Opportunity

25 Commission ("Commission" or "EEOC") alleges that Defendants Caesars

26 Entertainment, Inc., d/b/a Reno Hilton, Park Place Entertainment Corporation,

27 d/b/a Reno Hilton and Doe Defendants 1-10 (all named and unnamed Defendants

28 are collectively referred to as "Defendants") subjected Charging Party Rosa

2

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 2 of 7

1 Gonzalez de Moreno ("Ms. Gonzalez de Moreno") and a class of other similarly

2 situated female employees ("class members") to sex harassment. The

3 Commission further alleges that Defendant retaliated against Ms. Gonzalez de

4 Moreno for complaining about the sex harassment.

5

JURISDICTION AND VENUE

6

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

7 1331, 1337, 1343 and 1345.

8

2. This action is authorized and instituted pursuant to Section 706(f)(1)

9 and (3) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §

10 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of

11 1991,42 U.S.C. § 1981a.

12

3. The employment practices alleged to be unlawful were and are now

13 being committed within the jurisdiction of the United States District Court for the

14 District of Nevada.

15

PARTIES

16

4. Plaintiff, U.S. Equal Employment Opportunity Commission, is the

17 federal agency charged with the administration, interpretation and enforcement of

18 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and

19 (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3).

20

5. At all relevant times, Defendant Caesars Entertainment, Inc., d/bla

21 Reno Hilton has continuously been doing business in the State of Nevada, and in

22 Washoe County. At all relevant times, Defendants have continuously employed

23 fifteen (15) or more persons.

24

6. At all relevant times, Defendant Park Place Entertainment

25 Corporation, d/bla Reno Hilton has continuously been doing business in the State

26 of Nevada, and in Washoe County. At all relevant times, Defendants have

27 continuously employed fifteen (15) or more persons.

28 III

2

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 3 of 7

1

7. At all relevant times, Defendants have continuously engaged in an

2 industry affecting commerce within the meaning of Sections 701 (b), (g) and (h)

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

4

8. Plaintiff is ignorant of the true names and capacities of Defendants

5 sued as Doe Defendants 1 through 10, inclusive, herein and therefore Plaintiff

6 sues said Defendants by such fictitious names. Plaintiff reserves the right to

7 amend the complaint to name the Doe Defendants as they become known.

8 Plaintiff alleges that each of the Defendants named as Doe Defendants was in

9 some manner responsible for the acts and omissions alleged herein and Plaintiff

10 will amend the complaint to allege such responsibility when same shall have been

11 ascertained by Plaintiff.

12

9. It is further alleged on infonnation and belief that Defendant Caesars

13 Entertainment, Inc., d/b/a Reno Hilton, Park Place Entertainment Corporation,

14 d/b/a Reno Hilton, and the Doe Defendants are alter egos of one another.

15

10. All of the acts and failures to act alleged herein were duly

16 performed by and attributable to all Defendants, each acting as a successor, agent,

17 employee or under the direction and control of the others, except as otherwise

18 specifically alleged. Said acts and failures to act were within the scope of such

19 agency and/or employment, and each Defendant participated in, approved and/or

20 ratified the unlawful acts and omissions by other Defendants complained of

21 herein. Whenever and wherever reference is made in this Complaint to any act by

22 a Defendant or Defendants, such allegations and reference shall also be deemed

23 to mean the acts and failures to act of each Defendant acting individually, jointly,

24 and/or severally.

25

STATEMENT OF CLAIMS

26

11. More than thirty days prior to the institution of this lawsuit, Ms.

27 Gonzalez de Moreno filed a Charge of Discrimination with the Commission

28 alleging violations of Title VII by Defendants. The Commission investigated and

3

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 4 of 7

1 issued a Letter of Determination finding that Ms. Gonzalez de Moreno and a class

2 of similarly situated females were subjected to unlawful sex harassment and that

3 Ms. Gonzalez de Moreno was subjected to retaliation for complaining about sex

4 harassment in violation of Title VII. All conditions precedent to the institution of

5 this lawsuit have been fulfilled.

6

12. Since in or about at least 2002, Defendants have engaged in unlawful

7 employment practices at its Reno, Nevada location, in violation of Section 703(a)

8 of Title VII, 42 U.S.C. §2000e-2(a)(1) by subjecting Ms. Gonzalez de Moreno

9 and other similarly situated female employees to sex harassment. The sex

10 harassment Ms. Gonzalez de Moreno and the other female employees were

11 subjected to, included but was not limited to, egregious and sometimes violent

12 sex harassment resulting in physical injury, unwelcome physical touching,

13 grabbing, forcibly undressing, choking, fondling and rubbing by Defendants'

14 employees as well as sexually charged, derogatory and/or demeaning comments

15 and speech and/or conduct by the victim's co-workers and/or supervisors.

16 Defendants, through their supervisors who witnessed and did nothing and/or

17 participated in such conduct, ratified the sex harassment.

18

13. When Ms. Gonzalez de Moreno rebuked and/or complained about

19 the sex harassment, Defendants' supervisors ostracized her and reduced her job

20 duties resulting in a tangible employment action. Defendants also failed to take

21 immediate and effective corrective action to prevent the harassment despite

22 repeated complaints from Ms. Gonzalez de Moreno and/or other female

23 employees about the harassment.

24

14. The effect of the practice(s) complained of in paragraphs 12 and 13

25 above has been to deprive Ms. Gonzalez de Moreno and other similarly situated

26 female employees of equal employment opportunities and otherwise adversely

27 affect their status as employees because of their sex and because Ms. Gonzalez de

28 Moreno complained about sex harassment.

4

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 5 of 7

1

15. Since in or about at least 2002, Defendants have engaged in unlawful

2 employment practices at its Reno, Nevada location, in violation of Section 704(a)

3 of Title VII, 42 U.S.c. § 2000e-3(a) by subjecting Ms. Gonzalez de Moreno to

4 retaliation for complaining about sex harassment.

5

16. The effect of the practices complained of above in paragraph 15 has

6 been to deprive Ms. Gonzalez de Moreno of equal employment opportunities and

7 to otherwise adversely affect her employment status because she engaged in

8 activity protected under Title VII.

9

17. The unlawful employment practices complained of in paragraphs 12

10 through 16 above were intentional.

11

18. The unlawful employment practices complained of in paragraphs 12

12 through 16 above were done with malice or with reckless indifference to the

13 federally protected rights of Ms. Gonzalez de Moreno and other similarly situated

14 female employees.

15

19. As a direct and proximate result of the aforesaid acts of Defendants,

16 Ms. Gonzalez de Moreno and other similarly situated female employees have

17 each suffered emotional pain, suffering, inconvenience, loss of enjoyment of life,

18 humiliation, and damages, according to proof.

19

20. As a direct and proximate result of the aforesaid acts of Defendants,

20 Ms. Gonzalez de Moreno and other similarly situated female employees suffered

21 a loss of earnings, compensation, benefits, and/or other pecuniary losses in an

22 amounts according to proof.

23

PRAYER FOR RELIEF

24

Wherefore, the Commission respectfully requests that this Court:

25

A. Grant a permanent injunction enjoining Defendants, their respective

26 officers, successors, assigns, agents, alter egos, and/or all persons in active

27 concert or participation with them, from engaging in any employment practice

28 which discriminates on the basis of sex and/or constitutes sexual harassment;

5

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 6 of 7

1

B. Grant a permanent injunction enjoining Defendants, their respective

2 officers, successors, assigns, agents, alter egos, and/or all persons in active

3 concert or participation with them, from retaliating against any employee who

4 engages in any protected activity under Title VII;

5

C. Order Defendants to institute and carry out policies, practices, and

6 programs which provide equal employment opportunities for women, and which

7 eradicate the effects of its past and present unlawful employment practices;

8

D. Order Defendants to make whole Ms. Gonzalez de Moreno and other

9 similarly situated female employees, by providing appropriate backpay with

10 prejudgment interest, and front pay in amounts to be determined at trial, and/or

11 other affirmative relief necessary to eradicate the effects of its unlawful

12 employment practices;

13

E. Order Defendants to make whole Ms. Gonzalez de Moreno and other

14 similarly situated female employees, by providing compensation for past and

15 future pecuniary losses, including but not limited to losses resulting from out of

16 pocket expenses, and/or other affirmative relief necessary to eradicate the effects

17 of its unlawful employment practices;

18

F. Order Defendants to make whole Ms. Gonzalez de Moreno and other

19 similarly situated female employees by providing compensation for past and

20 future non-pecuniary losses resulting from the unlawful practices complained of

21 in paragraphs 12 through 16 above, including, but not limited to emotional pain,

22 suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to

23 be determined at trial;

24

G. Order Defendants to pay Ms. Gonzalez de Moreno and other

25 similarly situated female employees punitive damages for its malicious and

26 reckless conduct described in paragraphs 12 through 16 above, in amounts to be

27 determined at trial;

28 III

6

Case 3:04-cv-00276-BES-VPC Document 2 Filed 05/28/2004 Page 7 of 7

I

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

2 the public interest; and

3

I. Award the Commission its costs of this action.

4

JURY TRIAL DEMAND

5

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

6 complaint.

7 Dated:

May ;;,1, 2004

Respectfully Submitted,

8

ERIC S. DREIBAND

General Counsel

9

JAMES LEE,

10

Deputy General Counsel

11

GWENDOLYN REAMS

Associate General Counsel

12

U. S. EQUAL EMPLOYMENT

13

OPPORTUNITY COMMISSION

1801 ilL" Street, N.W.

14

Washington, D.C. 20507

15

ANNA Y.PARK

Regional Attorney

16

SUEJ. NOH

17

Trial Attorney

18

ELIZABETH ESPARZA-CERVANTES

Trial Attorney

19

U. S. EOUAL EMPLOYMENT

20

OPPORTUNITY COMMISSION

255 E. Temple Stree~ 4th Floor

21

Los Angeles, CA 90u 12

22 23

") • BY: ~Y.Pi=-

24

Regional Attorney

25

Attorneys for Plaintiff U.S. Equal

Employment Opportunity Commission
26

27
Ip
28

7

 
 Case 3:04-cv-00276-BES-VPC Document 4 Filed 08/12/2004 Page 1 of 8

'-

~ORI6INAl

1 Anna Y. Park....SBN 164242 Sue J. Noh SnN 192134
2 Elizabeth Esparza-Cervantes, SBN 205412 U.S. EQUAL EMPLOYMENT
3 OPPORIUNITY COMMISSION 255 East TemQle Street, 4th Floor
4 Los Angeles CA 90012 Telephone: (213) 894-1082
5 FacsImile: (213) 894-1301

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6 Attomem for Plaintiff U.S. E UAL EMPLOYMENT
7 OPPOR UNITY COMMISSION

8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12 Plaintiff,
13 v.
14
15 CAESARS ENTERTAINMENTh TT INC., d/b/a RENO HILTONtPA~
16 PLACE ENTERTAINMEN CORPORATION, d/b/a RENO
17 HILTON, FHR CORPORATION, d/b/a RENO HILTON and DOES 1 -
18 10, inclusive,

CASE NO.: CV-N-04-0276-DWH-VPC FIRST AMENDED COMPLAINTCIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.) JURY TRIAL DEMAND

19

Defendants.

20

21

NATURE OF THE ACTION

22

This is an action under Title VII of the Civil Rights Act of 1964, as

23 amended, and Title I of the Civil Rights Act of 1991 to correct unlawful

24 employment practices. Plaintiff United States Equal Employment Opportunity

25 Commission ("Commission" or "EEOC") alleges that Defendants Caesars

26 Entertainment, Inc., d/b/a Reno Hilton, Park Place Entertainment Corporation,

27 d/b/a Reno Hilton, FHR Corporation, d/b/a Reno Hilton, and Doe Defendants 1-

28 10 (all named and unnamed Defendants are collectively referred to as

- Case 3:04-cv-00276-BES-VPC

Document 4

Filed 08/12/2004

Page 2 of 8

1 "Defendants") subjected Charging Party Rosa Gonzalez de Moreno ("Ms.

2 Gonzalez de Moreno") and a class of other similarly situated female employees

3 ("class members") to sex harassment. The Commission further alleges that

4 Defendant retaliated against Ms. Gonzalez de Moreno for complaining about the

5 sex harassment.

6

JURISDICTION AND VENUE

7

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

8 1331,1337,1343 and 1345.

9

2. This action is authorized and instituted pursuant to Section 706(f)( 1)

10 and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

11 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of

12 1991,42 U.S.C. § 1981a.

13

3. The employment practices alleged to be unlawful were and are now

14 being committed within the jurisdiction of the United States District Court for the

15 District of Nevada.

16

PARTIES

17

4. Plaintiff, U.S. Equal Employment Opportunity Commission, is the

18 federal agency charged with the administration, interpretation and enforcement of

19 Title VII, and is expressly authorized to bring this action by Section 706(f)( 1) and

20 (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

21

5. At all relevant times, Defendant Caesars Entertainment, Inc., d/b/a

22 Reno Hilton has continuously been doing business in the State of Nevada, and in

23 Washoe County. At all relevant times, Defendants have continuously employed

24 fifteen (15) or more persons.

25

6. At all relevant times, Defendant Park Place Entertainment

26 Corporation, d/b/a Reno Hilton has continuously been doing business in the State

27 of Nevada, and in Washoe County. At all relevant times, Defendants have

28 continuously employed fifteen (15) or more persons.

2

- Case 3:04-cv-00276-BES-VPC

Document 4

-- Filed 08/12/2004

Page 3 of 8

1

7. At all relevant times, Defendant FHR Corporation, d/b/a Reno Hilton

2 has continuously been doing business in the State of Nevada, and in Washoe

3 County. At all relevant times, Defendants have continuously employed fifteen

4 (15) or more persons.

5

8. At all relevant times, Defendants have continuously engaged in an

6 industry affecting commerce within the meaning of Sections 701 (b), (g) and (h)

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

8

9. Plaintiff is ignorant of the true names and capacities of Defendants

9 sued as Doe Defendants 1 through lO, inclusive, herein and therefore Plaintiff

10 sues said Defendants by such fictitious names. Plaintiff reserves the right to

11 amend the complaint to name the Doe Defendants as they become known.

12 Plaintiff alleges that each of the Defendants named as Doe Defendants was in

13 some manner responsible for the acts and omissions alleged herein and Plaintiff

14 will amend the complaint to allege such responsibility when same shall have been

15 ascertained by Plaintiff.

16

10. It is further alleged on information and belief that Defendant

17 Caesars Entertainment, Inc., d/b/a Reno Hilton, Park Place Entertainment

18 Corporation, d/b/a Reno Hilton, FHR Corporation, d/b/a Reno Hilton and the Doe

19 Defendants are alter egos of one another.

20

11. All of the acts and failures to act alleged herein were duly

21 performed by and attributable to all Defendants, each acting as a successor, agent,

22 employee or under the direction and control of the others, except as otherwise

23 specifically alleged. Said acts and failures to act were within the scope of such

24 agency and/or employment, and each Defendant participated in, approved and/or

25 ratified the unlawful acts and omissions by other Defendants complained of

26 herein. Whenever and wherever reference is made in this Complaint to any act by

27 a Defendant or Defendants, such allegations and reference shall also be deemed

28 III

3

- Case 3:04-cv-00276-BES-VPC

Document 4

Filed 08/12/2004

Page 4 of 8

1 to mean the acts and failures to act of each Defendant acting individually, jointly,

2 and/or severally.

3

STATEMENT OF CLAIMS

4

12. More than thirty days prior to the institution of this lawsuit, Ms.

5 Gonzalez de Moreno filed a Charge of Discrimination with the Commission

6 alleging violations of Title VII by Defendants. The Commission investigated and

7 issued a Letter of Determination finding that Ms. Gonzalez de Moreno and a class

8 of similarly situated females were subjected to unlawful sex harassment and that

9 Ms. Gonzalez de Moreno was subjected to retaliation for complaining about sex

10 harassment in violation of Title VII. All conditions precedent to the institution of

11 this lawsuit have been fulfilled.

12

13. Since in or about at least 2002, Defendants have engaged in unlawful

13 employment practices at its Reno, Nevada location, in violation of Section 703(a)

14 of Title VII, 42 U.S.C. §2000e-2(a)(1) by subjecting Ms. Gonzalez de Moreno

15 and other similarly situated female employees to sex harassment. The sex

16 harassment Ms. Gonzalez de Moreno and the other female employees were

17 subjected to, included but was not limited to, egregious and sometimes violent

18 sex harassment resulting in physical injury, unwelcome physical touching,

19 grabbing, forcibly undressing, choking, fondling and rubbing by Defendants'

20 employees as well as sexually charged, derogatory and/or demeaning comments

21 and speech and/or conduct by the victim's co-workers and/or supervisors.

22 Defendants, through their supervisors who witnessed and did nothing and/or

23 participated in such conduct, ratified the sex harassment.

24

14. When Ms. Gonzalez de Moreno rebuked and/or complained about

25 the sex harassment, Defendants' supervisors ostracized her and reduced her job

26 duties resulting in a tangible employment action. Defendants also failed to take

27 immediate and effective corrective action to prevent the harassment despite

28 III

4

- Case 3:04-cv-00276-BES-VPC

Document 4

Filed 08/12/2004

Page 5 of 8

1 repeated complaints from Ms. Gonzalez de Moreno and/or other female

2 employees about the harassment.

3

15. The effect of the practice(s) complained of in paragraphs 13 and 14

4 above has been to deprive Ms. Gonzalez de Moreno and other similarly situated

5 female employees of equal employment opportunities and otherwise adversely

6 affect their status as employees because of their sex and because Ms. Gonzalez de

7 Moreno complained about sex harassment.

8

16. Since in or about at least 2002, Defendants have engaged in unlawful

9 employment practices at its Reno, Nevada location, in violation of Section 704(a)

10 of Title VII, 42 U.S.C. § 2000e-3(a) by subjecting Ms. Gonzalez de Moreno to

11 retaliation for complaining about sex harassment.

12

17. The effect of the practices complained of above in paragraph 16 has

13 been to deprive Ms. Gonzalez de Moreno of equal employment opportunities and

14 to otherwise adversely affect her employment status because she engaged in

15 activity protected under Title VII.

16

18. The unlawful employment practices complained of in paragraphs 13

17 through 16 above were intentional.

18

19. The unlawful employment practices complained of in paragraphs 13

19 through 16 above were done with malice or with reckless indifference to the

20 federally protected rights of Ms. Gonzalez de Moreno and other similarly situated

21 female employees.

22

20. As a direct and proximate result of the aforesaid acts of Defendants,

23 Ms. Gonzalez de Moreno and other similarly situated female employees have

24 each suffered emotional pain, suffering, inconvenience, loss of enjoyment of life,

25 humiliation, and damages, according to proof.

26

21. As a direct and proximate result of the aforesaid acts of Defendants,

27 Ms. Gonzalez de Moreno and other similarly situated female employees suffered

28 III

5

- Case 3:04-cv-00276-BES-VPC

Document 4

-, Filed 08/12/2004

Page 6 of 8

1 a loss of earnings, compensation, benefits, and/or other pecuniary losses in an

2 amounts according to proof.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this Court:

5

A. Grant a permanent injunction enjoining Defendants, their respective

6 officers, successors, assigns, agents, alter egos, and/or all persons in active

7 concert or participation with them, from engaging in any employment practice

8 which discriminates on the basis of sex and/or constitutes sexual harassment;

9

B. Grant a permanent injunction enjoining Defendants, their respective

10 officers, successors, assigns, agents, alter egos, and/or all persons in active

11 concert or participation with them, from retaliating against any employee who

12 engages in any protected activity under Title VII;

13

C. Order Defendants to institute and carry out policies, practices, and

14 programs which provide equal employment opportunities for women, and which

15 eradicate the effects of its past and present unlawful employment practices;

16

D. Order Defendants to make whole Ms. Gonzalez de Moreno and other

17 similarly situated female employees, by providing appropriate backpay with

18 prejudgment interest, and front pay in amounts to be determined at trial, and/or

19 other affirmative relief necessary to eradicate the effects of its unlawful

20 employment practices;

21

E. Order Defendants to make whole Ms. Gonzalez de Moreno and other

22 similarly situated female employees, by providing compensation for past and

23 future pecuniary losses, including but not limited to losses resulting from out of

24 pocket expenses, and/or other affirmative relief necessary to eradicate the effects

25 of its unlawful employment practices;

26

F. Order Defendants to make whole Ms. Gonzalez de Moreno and other

27 similarly situated female employees by providing compensation for past and

28 future non-pecuniary losses resulting from the unlawful practices complained of

6

- Case 3:04-cv-00276-BES-VPC

Document 4

- Filed 08/12/2004

Page 7 of 8

1 in paragraphs 13 through 16 above, including, but not limited to emotional pain,

2 suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to

3 be detennined at trial;

4

G. Order Defendants to pay Ms. Gonzalez de Moreno and other

5 similarly situated female employees punitive damages for its malicious and

6 reckless conduct described in paragraphs 13 through 16 above, in amounts to be

7 detennined at trial;

8

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

9 the public interest; and

10

I. Award the Commission its costs of this action.

11 III

12 III

13 III

14 III

15 III

16 III

17 III

18 III

19 II/

20 III

21 III

22 III

23 III

24 III

25 III

26 III

27 III

28 III

7

- Case 3:04-cv-00276-BES-VPC

Document 4

- Filed 08/12/2004

Page 8 of 8

1

JURY TRIAL DEMAND

2

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

3 complaint.

4 Dated:

August 10, 2004

Respectfully Submitted,

5

ERIC S. DREIBAND

General Counsel

6

JAMES LEE,

7

Deputy General Counsel

8

GWENDOLYN REAMS

Associate General Counsel

9

U. S. EQUAL EMPLOYMENT

10

OPPORTUNITY COMMISSION

1801 "L" Street, N.W.

11

Washington, D.C. 20507

12

ANNA Y. PARK

Regional Attorney

13

SUE J. NOH

14

Trial Attorney

15

ELIZABETH ESPARZA-CERVANTES

Trial Attorney

16

U. S. EQUAL EMPLOYMENT

17

OPPORTUNITY COMMISSION

255 E. Temple Street, 4th Floor

18

Los Angeles, CA 90012

19

20

BY:~~~~~~~_ __

NNA Y.PARK

21

Regional Attorney

22

Attorneys for Plaintiff U.S. Equal

Employment Opportunity Commission

23

24
tp
25

26

27

28

8

 
 CCaassee 33::0044--ccvv--0000227766--BBEESS--VVPPCC DDooccuummeenntt 9170-01 FFiilleedd 0097//2108//22000066 PPaaggee 11 ooff 1155

1 William R. Tamayo, #084965 (CA)

David Offen-Brown, #063321 (CA) 2 Elizabeth Esparza-Cervantes, #205412 (CA)

3

Linda Ordonio-Dixon, #172830 (CA) U.S. EQUAL EMPLOYMENT

4 OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500

5 San Francisco, CA 94105

Telephone: (415) 625-5658 6 Facsimile: (415) 625-5657

7 Attorneys for Plaintiff
8 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
9

10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12 EQUAL EMPLOYMENT
13 OPPORTUNITY COMMISSION,

CCaassee NNoo..:C3V:0-N4--C04V-0-227766--BBEESS--VVPPCC

14 vs.

Plaintiff,

15 CAESARS ENTERTAINMENT, INC.
16 d/b/a RENO HILTON, PARK PLACE ENTERTAINMENT CORPORATION
17 d/b/a RENO HILTON, FHR CORPORATION d/b/a RENO HILTON,
18 AND DOES 1-10, inclusive, Defendants.

19 ROSA de MORENO,

20 21 vs.

Plaintiff and Intervenor,

[PROPOSED] CONSENT DECREE

22 CAESARS ENTERTAINMENT, INC., dba RENO HILTON, PARK PLACE
23 ENTERTAINMENT CORPORATION dba RENO HILTON, MARIA
24 MORALES, an individual; JUANA GONZALES, an individual;
25 PRUDENCIA ESCOBAR, an individual; DIOMIRA CASTRO; an individual; and
26 AN INDIVIDUAL KNOWN ONLY AS “CHACHA,” as an individual and in her
27 official capacity as Union Steward, Defendants.
28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

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1 I. INTRODUCTION

2

A. Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”) filed this

3 action against Caesars Entertainment, Inc., d/b/a/ Reno Hilton; Park Place Entertainment

4 Corporation, d/b/a Reno Hilton; and FHR Corporation, d/b/a Reno Hilton, under Title VII of the

5 Civil Rights Act of 1964, as amended, Section 706 (f) (1) and (3), as amended, 42 U.S.C. § 2000e-5

6 (f) (1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a (“Title VII”). In

7 its First Amended Complaint, the EEOC alleged that the Reno Hilton subjected Rosa Gonzales de

8 Moreno (“Gonzales de Moreno”) and other similarly-situated females to sex harassment and

9 retaliation. The EEOC has since identified three similarly-situated females (hereafter collectively

10 referred to as the “Class Members”). The EEOC has agreed to dismiss with prejudice, and has

11 dismissed with prejudice, Caesars Entertainment, Inc., d/b/a/ Reno Hilton and Park Place

12 Entertainment Corporation, d/b/a Reno Hilton. FHR Corporation, d/b/a Reno Hilton (hereafter,

13 “Defendant” or “the Reno Hilton”) is the only Defendant subject to this Consent Decree.

14

B. Gonzales de Moreno filed a Complaint in Intervention alleging that Caesars

15 Entertainment, Inc., d/b/a/ Reno Hilton, Park Place Entertainment Corporation, d/b/a Reno Hilton,

16 FHR Corporation, d/b/a Reno Hilton, Maria Morales, Juana Gonzales, Diomira Castro, Prudencia

17 Escobar and an individual known only as ChaCha Ayala, subjected her to sex harassment and

18 retaliation in violation of state and federal statutes, as well as a variety of tort claims.

19

C. The Reno Hilton denies unlawful discrimination, harassment or retaliation of any

20 sort, and denies all allegations of the EEOC, Gonzales de Moreno, and the Class Members.

21

D. As a result of having engaged in comprehensive settlement negotiations, the EEOC,

22 Gonzales de Moreno, and FHR Corporation d/b/a Reno Hilton (collectively referred to as “the

23 Parties”) have agreed to resolve this matter by entry of this Consent Decree (“the Decree”).

24

E. The Decree is not an adjudication or finding on the merits of this case and shall not be

25 construed as an admission or a violation of Title VII or any other law by Defendant, nor shall the

26 decree be used as evidence of liability, res judicata, or collateral estoppel in any other legal or

27 administrative proceeding against Defendant, or any parent or affiliate of Defendant.

28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

F. This Decree is final and binding and enforceable upon Defendant FHR Corporation, 1.

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1 d/b/a Reno Hilton, as well as its officers, directors, agents, successors and assigns.

2

G. The Court has jurisdiction over the subject matter of this action, and the Parties to this

3 action, pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, 1345, 1367, and 42 U.S.C. 2000e-5(f).

4 The rights of the Parties, the Class Members, and the public interest which the EEOC seeks redress,

5 are fairly and adequately protected by this Decree. The Court shall retain jurisdiction of this action

6 during the duration of the Decree to enforce the relief provided herein and otherwise effectuate the

7 purposes of the Decree.

8 II. PURPOSES AND SCOPE OF THE CONSENT DECREE

9

The parties to this Consent Decree (“Decree”) are the EEOC, Rosa Gonzales de Moreno, and

10 FHR Corporation, d/b/a Reno Hilton. This Decree shall be binding on and enforceable against FHR

11 Corporation, d/b/a Reno Hilton, and its officers, directors, agents, successors and assigns. As a

12 result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this

13 action should be finally resolved by entry of this Decree.

14

A. The parties have entered into this Decree to:

15

1. to avoid expensive and protracted costs incident to litigation;

16

2. to provide a final and binding settlement upon the Parties;

17

3. to provide monetary and injunctive relief to Class Members;

18

4. to provide injunctive relief;

19

5. to ensure that the Reno Hilton’s employment policies and procedures comply

20 with Title VII;

21

6. to prevent and correct discrimination, harassment, and retaliation in the

22 workplace;

23

7. to provide effective responses to discrimination complaints; and

24

8. to prevent retaliation against employees who engage in protected activities

25 under Title VII.

26

There is no determination implied or expressed in this Consent Decree regarding whether the

27 current policies practices and procedures of the Reno Hilton comply with Title VII.

28 ///

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

2.

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1 III. EFFECTIVE DATE AND DURATION OF DECREE

2

A. The provisions and agreements contained herein are effective immediately upon the

3 date on which this Decree is entered by the Court (“the Effective Date”).

4

B. The Decree shall remain in effect for two years after the Effective Date.

5 IV. FINDINGS AS TO CONSENT DECREE

6

Having examined the terms and provisions of this Decree and based on the pleadings, record

7 and stipulation of the Parties, the Court finds the following:

8

A. The Court has jurisdiction over the Parties and the subject matter of this action. The

9 Complaint asserts claims that, if proven, would authorize the Court to grant the relief set forth this

10 Decree.

11

B. The terms and provisions of this Decree are adequate, fair, reasonable, equitable and

12 just. The rights of the Parties and the public interest for which the EEOC seeks redress are protected

13 adequately by this Decree.

14

C. This Decree conforms to the Federal Rules of Civil Procedure and Title VII and is not

15 in derogation of the rights and privileges of any person. The entry of this Decree will further the

16 objectives of Title VII and will be in the best interest of the Parties.

17 V. RESOLUTION OF CLAIMS

18

A. This Decree constitutes a complete resolution of all allegations of federal

19 employment discrimination arising from or relating to: (1) EEOC Charge Nos. 34B-A3-00699 and

20 34B-2004-01094 (collectively, “the Charges”); (2) the EEOC’s Complaint and First Amended

21 Complaint; (3) claims against the Defendants in Rosa Gonzales de Moreno’s complaint in

22 intervention; and (4) claims that could have been brought as part of the Charges and Complaints by

23 the EEOC. The Decree also resolves any and all claims that Rosa Gonzales de Moreno could have

24 brought against Defendant in her complaint in intervention.

25

B. This Decree in no way affects the EEOC’s right to bring, process, investigate or

26 litigate other charges that may be in existence or may later arise against Defendant in accordance

27 with standard EEOC procedures.

28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

C. It is expressly agreed by the Parties that no individuals other than Gonzales de 3.

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1 Moreno and the Class Members will receive any monetary relief under the terms of this Decree, or

2 stemming from the Charges or the Complaints.

3

D. Nothing in this Decree shall be construed to limit or reduce the Reno Hilton’s

4 obligation to comply fully with Title VII or any other federal employment statute.

5 VI. MONETARY RELIEF

6

A. In settlement of the EEOC’s, Gonzales de Moreno’s, and the Class Members’ claims

7 of unlawful harassment and retaliation, as alleged or as could have been alleged in the Charges,

8 Complaints, and this action, Defendant shall pay a total of $125,000.00. Within ten business days

9 after the Effective Date of this Decree, the EEOC shall give the Reno Hilton written notice of the

10 specific monetary distribution that is to be provided to Gonzales de Moreno and each Class Member,

11 and the respective addresses where the checks should be delivered. Within ten business days after

12 receipt of such notice, the Reno Hilton will make payments as directed by the EEOC. Within three

13 (3) business days of the issuance of each check, the Reno Hilton shall submit a copy of each check

14 and related correspondence to Elizabeth Esparza-Cervantes, Trial Attorney, United States Equal

15 Employment Opportunity Commission, 350 The Embarcadero, Suite 500, San Francisco, CA 94105.

16

B. The payment of the above-described monetary relief to Gonzales de Moreno and the

17 Class Members shall be contingent on their execution of releases provided by the Reno Hilton.

18

C. Defendant shall prepare and distribute 1099 tax reporting forms to Gonzales de

19 Moreno and the Class Members, and shall make appropriate reports to the Internal Revenue Service

20 and other tax authorities. The Reno Hilton has not made any representations, warranties, or

21 guarantees regarding the taxable or non-taxable character of the monies paid in accordance with this

22 Agreement. Defendant shall be solely responsible for any costs associated with the issuance and

23 distribution of the 1099 tax reporting forms to each class members. Gonzales de Moreno and the

24 Class Members shall be solely responsible for employee’s portion of taxes payable, if any, and

25 penalties arising out of payments made pursuant to this Decree, on their respective portion of

26 settlement proceeds reported in the 1099 tax reporting forms. Defendant is responsible for any

27 employer portion of taxes on the portion of settlement proceeds reported in the 1099 tax reporting

28 forms for each Class Member.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

4.

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1 VII. INJUNCTIVE RELIEF

2

A. Non-Discrimination

3

Defendant, its officers, agents, management (including all supervisory employees),

4 successors, assigns, and all those in active concert or participation with any of them, hereby agree

5 (1) not to engage in sexual harassment or other form of sex discrimination; (2) to prevent and correct

6 any harassment or other discrimination on the basis of sex; and (3) to ensure that employees who

7 make a reasonable good faith complaint about or resist discrimination on the basis of sex are not

8 subjected to any tangible employment actions in retaliation for their Title VII-protected activities.

9

B. Anti-Retaliation

10

Defendant, its officers, agents, management (including all supervisory employees),

11 successors, assigns, and all those in active concert or participation with them, or any of them, hereby

12 agree not to retaliate against any current or former employees for: (a) opposing any practice made

13 unlawful under Title VII; (b) engaging in protected activity under Title VII; (c) filing a charge of

14 discrimination; (d) participating in any manner in any investigation (including any internal

15 investigation undertaken by defendant) or proceeding relating to any alleged Title VII violation; (f)

16 asserting any rights under this Decree; or (g) receiving any relief under this Decree.

17

C. Posting

18

Within ten business days after the Effective Date and throughout the term of this Decree,

19 Defendant shall post a full-sized copy of the Notice attached hereto as Exhibit A, in at least two

20 clearly visible locations frequented by Reno Hilton employees.

21

D. Equal Employment Opportunity Consultant

22

Within ten business days after the Effective Date, the Reno Hilton shall notify the EEOC of

23 their proposed choice for an Equal Employment Opportunity Consultant (“Consultant”) who shall

24 possess demonstrated experience in the area of sex harassment and retaliation, to assist in the

25 implementation and monitoring of the Reno Hilton’s compliance with Title VII and the provisions of

26 this Decree. The Consultant chosen shall be subject to the EEOC’s approval, which shall not be

27 unreasonably withheld. If the EEOC does not approve the Reno Hilton’s proposed Consultant, the

28 EEOC shall provide the Reno Hilton with a list of at least three suggested candidates acceptable to

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

5.

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1 the EEOC from which the Reno Hilton may (but shall not be required to) choose and retain one

2 within fifteen (15) days of receipt of the list. If the three EEOC suggested consultants are not

3 acceptable, Reno Hilton must counter-propose, within ten days of its rejecting the EEOC’s listed

4 consultants, with another Consultant for the EEOC’s approval, which shall not be unreasonably

5 withheld. If the Defendant and the EEOC can not agree on a Consultant, they will each provide the

6 names and information regarding the qualifications of up to three consultants that would be

7 acceptable to each. The Court will then select a consultant from the candidates submitted by EEOC

8 and Defendant. The Reno Hilton shall bear all its costs associated with the selection and retention of

9 the Consultant and the performance of his/her duties during the term of the Decree.

10

E. The Consultant’s responsibilities shall include assisting:

11

1. in the review and modification of Defendant’s policies and procedures to

12 ensure effective investigations of discrimination and retaliation complaints;

13

2. in ensuring training for all employees on Defendant’s policies and procedures

14 against discrimination and retaliation, and training for supervisors on recognizing discrimination and

15 retaliation and responding to such complaints;

16

3. in the review and/or modification of Defendant’s discipline policies to hold

17 employees and managers accountable for engaging in sexual harassment and/or retaliation related

18 thereto, and/or failing to take appropriate action in response to complaints or inquiries regarding

19 sexual harassment;

20

4. Defendant to respond to any complaints or inquiries regarding sexual

21 harassment by serving as resource for the Reno Hilton to call upon at its option;

22

5. Defendant in monitoring to prevent retaliation against employees who

23 complain or inquire about discrimination and/or retaliation related thereto by serving as a resource

24 for the Reno Hilton to call upon at its option.

25

6. in ensuring that a system for tracking and providing follow-up on complaints

26 and/or inquiries regarding sexual harassment and/or retaliation is in place;

27

7. in ensuring that the reports required by this Decree are accurately compiled

28 and timely submitted, and the Reno Hilton otherwise complies with this Decree and Title VII.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

6.

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1

F. Revision of Policies Concerning Discrimination and Retaliation

2

With the assistance of the Consultant, Defendant shall revise its policy on discrimination and

3 retaliation. A copy of the revised policy shall be submitted to the EEOC and distributed to all of

4 Defendant’s employees within sixty (60) days of the Effective Date. The revised policy shall

5 include:

6

1. A strong and clear commitment to a workplace free of discrimination;

7

2. A clear and comprehensive description, including concrete examples, of

8 prohibited sexual harassment and retaliation;

9

3. A description of the possible consequences that will be imposed upon

10 violation of the policy against discrimination and retaliation;

11

4. A statement encouraging employees to come forward if they believe that they

12 have been discriminated against or retaliated against for complaining about discrimination;

13

5. An assurance that persons who in good faith complain about discrimination or

14 retaliation they experienced or witnessed will not be subject to retaliation;

15

6. A clearly described complaint process and procedure that provides for

16 accessible avenues of complaint; a prompt, thorough, and impartial investigation; and follow-up with

17 the complainant;

18

7. Assurance that the employer will protect the confidentiality of discrimination

19 complaints to the extent reasonably possible;

20

8. Assurance that Defendant will take immediate and appropriate correction

21 action if it determines that discrimination or retaliation has occurred;

22

9. A statement that Defendant’s policy against discrimination and retaliation

23 applies to all of Defendant’s management officials, supervisors, vendors, suppliers, third parties, and

24 customers;

25

10. The names, title, address, and telephone number, of appropriate employees of

26 Defendant (e.g. human resources personnel or managers) to whom employees may report

27 discrimination and retaliation;

28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

11. A clear and comprehensive description of the specific responsibilities of 7.

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1 Defendant’s supervisory employees when they witness discrimination and/or retaliation, and/or

2 receive a complaint and/or inquiry regarding discrimination and/or retaliation;

3

12. A clear and comprehensive description of the specific repercussions against

4 Defendant’s supervisory employees who fail to perform their responsibilities when they witness

5 discrimination, retaliation and/or receive a complaint and/or inquiry regarding discrimination and/or

6 retaliation including, for example, that such supervisory employees would be subject to discipline up

7 to and including termination of employment; and

8

13. Defendant’s policies and procedures shall be provided in Spanish to those

9 employees whose primary language is Spanish.

10

G. Training

11

1. Within ninety days after the Effective Date or thirty days after retaining the

12 Consultant, whichever is later, all of Defendant’s managerial and staff/hourly employees shall be

13 required to attend training on their obligations and responsibilities under Defendant’s policies and

14 procedures.

15

2. All employees’ training shall include coverage of equal employment

16 opportunity rights and responsibilities, discrimination, retaliation, and Defendant’s revised policies

17 and procedures for reporting and handling complaints of discrimination and retaliation.

18

3. The training of supervisory employees shall additionally include training on

19 how to recognize, prevent and correct retaliation, how to take preventative and corrective measure

20 against discrimination, and how to receive and investigate or report to designated officials

21 complaints of discrimination or retaliation.

22

4. After the initial training as specific above, all employees shall receive the

23 training at least annually thereafter for the remainder of the term of this Decree.

24

5. All new employees shall receive training on sex harassment and retaliation as

25 part of the orientation process, and all employees promoted from a lower-level to a supervisory

26 position shall receive supervisory training at the next scheduled annual training.

27

6. Training shall be provided in Spanish to all employees whose primary

28 language is Spanish.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

8.

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1

H. Complaint Procedure

2

Within sixty (60) days of the Effective Date, Defendant shall modify its internal complaint

3 procedure to provide for the filing, investigation and, if appropriate, remedying of complaints of

4 illegal discrimination, harassment, and retaliation. Defendant shall ensure that its human resources

5 department telephone number is available for complaints during business hours and can take voice

6 mail messages of complaints after hours. The human resources department telephone number shall

7 be disseminated to all Reno Hilton employees through posting, training addressed in the Decree, and

8 in the policy, informing them that a complaint can be lodged at any time.

9

Defendant shall investigate and resolve all complaints of illegal discrimination,

10 harassment, and retaliation in a timely and effective manner; and retain records for at least as long as

11 the term of this Decree regarding resolution of all such complaints.

12

The Consultant shall track and collect all complaints filed thereunder. The Consultant shall

13 also ensure that Defendant publicize the complaint procedure and monitor Defendant’s investigation

14 and resolution of such complaints.

15

The internal complaint procedure for such complaints shall incorporate the following

16 elements:

17

1. A description of how investigations will be conducted;

18

2. A prompt commencement and thorough investigation by persons trained to

19 conduct such investigations;

20

3. A statement that an investigation should include interviews of all relevant

21 witnesses, including the complainant, and reviews of all relevant documents;

22

4. A written record of all investigatory steps, and any findings and conclusions,

23 and any actions taken;

24

5. Provision for the reasonably prompt resolution of such complaints;

25

6. Confidentiality of the complaint and investigation to the extent reasonably

26 possible;

27

7. Communication of the final conclusions and results of the investigation to the

28 complainant;

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

9.

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1

8. A Notice that employees or applicants complaining of discrimination may use

2 the company’s internal complaint procedure; and

3

9. A statement that it is unacceptable to retaliate against anyone for using the

4 complaint procedure, or assisting in the investigation of the complaint or utilization of the complaint

5 procedure.

6 VIII. RECORD KEEPING AND REPORTING

7

A. Record Keeping

8

During the period of this Decree:

9

1. The Defendant, with assistance of the Consultant, shall

10

a) establish a record keeping procedure that provides for the centralized

11 tracking of complaints of sex harassment and/or retaliation related thereto;

12

b) monitor processing of complaints to prevent retaliation.

13

2. Defendant will maintain all documents

14

a) generated in connection with every complaint of sex harassment

15 and/or retaliation related thereto, the investigation into, and the resolution thereof for the duration of

16 the Decree, including documents reflecting the complainant, alleged perpetrator, investigator(s),

17 witness(es), decision-maker(s), and others identified by the complainant as witnesses; and

18

b) demonstrating the monitoring of persons against whom sex harassment

19 and retaliation complaints related thereto have been substantiated through Defendant’s internal

20 complaint procedure;

21

3. Defendant will maintain all forms acknowledging employees’ receipt of

22 Defendant’s revised discrimination and anti-retaliation policy and complaint procedure; and

23

4. Defendant will maintain all documents verifying the occurrence of all training

24 sessions and names and positions of all attendees for each session as required under this Decree.

25

B. Reporting

26

During the period of this Decree, in addition to any reporting that is required in the above-

27 stated provisions, Defendant shall provide written reports to the EEOC as follows:

28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

1. Within ninety days after the Effective Date, Defendant shall submit to the 10.

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1 EEOC an initial report which contains:

2

a) A summary of the complaint procedure and record keeping methods

3 developed by the Reno Hilton;

4

b) A summary of the procedure and record keeping methods established

5 for tracking, and monitoring of complaints of sex harassment and retaliation related thereto;

6

c) A statement confirming that the Notice required by this Decree has

7 been posted; and

8

d) A statement confirming that the revised policy have been posted and

9 distributed to all employees.

10

2. Defendant shall also provide the following reports semi-annually throughout

11 the term of this Decree, beginning six calendar months after the Effective Date:

12

a) A list of the names and positions of employment of each employee

13 who attended each training required and provided under this Decree during the previous six months,

14 classified by the date and type of training (supervisory versus non-supervisory staff);

15

b) A list of the names and positions of each employee who failed to

16 attend the training, and written confirmation that those employees who missed the training were

17 informed of the requirement to attend the training and received training within sixty (60) days of the

18 missed training;

19

c) A brief description of all sex harassment and/or retaliation complaints

20 made since the submission of the immediately preceding report required by this Consent Decree (or

21 the Effective Date, if it is the first report). This description shall include the names of the individual

22 alleging sex harassment or retaliation, the nature of the sex harassment or retaliation alleged, the

23 names of the alleged perpetrators, the dates of the alleged acts of harassment or retaliation, a brief

24 summary of how each complaint was resolved, the identity of the person(s) who investigated and

25 resolved each complaint. If a complaint of sex harassment or retaliation has not been resolved as of

26 the time of the report, the result shall be included in the next report;

27

d) A description of monitoring or persons against whom sex harassment

28 and/or retaliation complaints have been substantiated through Defendant’s internal complaint

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

11.

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1 procedure.

2 IX. NEUTRAL REFERENCES

3

Gonzales de Moreno and the Class Members will direct all persons seeking references to

4 the Reno Hilton’s Director or Assistant Director of Human Resources at the following telephone

5 number and address: (775) 789-2201, Director of Human Resources, Reno Hilton, 2500 East Second

6 Street, Reno, Nevada 89595. The Reno Hilton shall hereafter give a neutral reference for Gonzales

7 do Moreno and the Class Members upon inquiry by any prospective employers; which includes the

8 following information: date of hire, position held, and date of departure.

9 X. MODIFICATION AND SEVERABILITY

10

A. This Decree constitutes the complete understanding of the Parties with respect to the

11 Matters contained herein. No waiver, modification or amendment of any provision of this Decree

12 will be effective unless made in writing and signed by an authorized representative of each of the

13 Parties.

14

B. If one or more provisions of the Decree are rendered unlawful or unenforceable, the

15 Parties shall make good faith efforts to agree upon appropriate amendments to this Decree in order to

16 effectuate the purposes of the Decree. The remaining provisions will remain in full force and effect

17 unless the purposes of the Decree cannot, despite the Parties’ best efforts, be achieved.

18

C. By mutual agreement of the Parties, this Decree may be amended or modified in the

19 interest of justice and fairness in order to effectuate the provisions of this Decree.

20 XI. COMPLIANCE AND DISPUTE RESOLUTION

21

A. The Parties expressly agree that if the EEOC has reason to believe that Defendant has

22 failed to comply with any provisions of this Consent Decree, the EEOC may petition this Court to

23 enforce the Decree. Prior to initiating such petition, the EEOC will notify Defendant and its legal

24 counsel of record, in writing, of the nature of the dispute. This notice shall specify the particular

25 provision(s) that the EEOC believes has/have been breached. Absent a showing by either party that

26 the delay will cause irreparable harm, Defendant shall have forty-five days to attempt to resolve or

27 cure the breach.

28
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

B. The Parties agree to cooperate with each other and use their best efforts to resolve any 12.

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1 dispute referenced in the EEOC notice.

2

C. After thirty days have passed with no resolution or agreement to extend the time

3 further, the EEOC may petition this Court for compliance with this Decree, seeking all available

4 relief, including, but not limited to, the imposition of attorneys’ fees and costs.

5 XII. ADMINISTRATIVE AND IMPLEMENTATION OF CONSENT DECREE

6

The Reno Hilton shall bear all costs associated with their obligations under this Consent

7 Decree.

8 XIII. COSTS AND ATTORNEYS’ FEES

9

Each party shall bear its own costs of suit and attorneys’ fees.

10 XIV. COUNTERPARTS AND FACSIMILE SIGNATURES

11

This Decree may be signed in counterparts. A facsimile signature shall have the same

12 force and effect of an original signature or copy thereof.

13 ///

14 ///

15 ///

16 ///

17 ///

18 ///

19 ///

20 ///

21 ///

22 ///

23 ///

24 ///

25 ///

26 ///

27 ///

28 ///
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 The Embarcadero, Suite 500
San Francisco, CA 94105 415-625-5600

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CLOSED, ENE
United States District Court District of Nevada (Reno)
CIVIL DOCKET FOR CASE #: 3:04-cv-00276-BES-VPC

Equal Employment Opportunity Commission VS Caesars Entertainment Inc., et. al. Assigned to: Judge Brian E. Sandoval Referred to: Magistrate Judge Valerie P. Cooke
Magistrate Judge Robert A. McQuaid, Jr (Settlement) Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/28/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Elizabeth Esparza-Cervantes 350 The Embarcadero Suite 500 San Francisco, CA 94080 (415) 625-5658 Fax: (415) 625-5657 Email: elizabeth.esparzacervantes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov TERMINATED: 11/04/2005

Sue J. Noh United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: sue.noh@eeoc.gov TERMINATED: 11/04/2005

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V. Defendant Caesars Entertainment, Inc. TERMINATED: 07/19/2006
Defendant Diomira Castro
Defendant Chacha Defendant Prudencia Escobar Defendant Juana Gonzales

represented by Patrick H. Hicks Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89109 Email: phicks@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Heaney Hilden Littler Mendelson, PC 50 West Liberty Street Suite 400 Reno, NV 89501 775-348-4888 Fax: 775-786-0127 Email: shilden@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore D Gamboa Gamboa & Stovall 200 Ridge Street, Suite 200 Reno, NV 89501775-329-4111 Fax: 775-329-5912 Email: teogamboa-lawfirm@gbis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore D Gamboa (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore D Gamboa (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Maria Morales
Defendant Park Place Entertainment Corp. TERMINATED: 07/19/2006
Intervenor Rosa Gonzales de Moreno

represented by Matthew Q. Callister Callister & Reynolds 823 Las Vegas Blvd., South Las Vegas, NV 89101 (702) 385-3343 Fax: (702) 385-2899 Email: mqc@callister-reynolds.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Andre Boles Law Office Of James Andre Boles 423 Mill St Reno, NV 89502 775-329-1544 Email: jboles@callatg.com TERMINATED: 08/08/2005

Date Filed 05/28/2004 05/28/2004 05/28/2004 08/12/2004 08/30/2004
09/09/2004 09/23/2004 09/30/2004
10/05/2004

#

Docket Text

1 MISCELLANEOUS DOCUMENT civil cover sheet (Entered: 06/01/2004)

2 COMPLAINT with jury trial demanded obo P. (Entered: 06/01/2004)

3 SUMMONS ISSUED to D obo P (Entered: 06/01/2004)

4 AMENDED COMPLAINT obo P. (Entered: 08/16/2004)

5 AFFIDAVIT of service as to summons and cmplnt srvd on Katie Holiday, resident agent for Caesars Entertainment, Inc., and FHR Corp. on 8/19/94 (Entered: 09/02/2004)

6 ANSWER TO COMPLAINT obo Ds. (m) (Entered: 09/14/2004)

7 MOTION FOR MISCELLANEOUS RELIEF to permit appearance of govt atty Sue J. Noh obo P. (m) (Entered: 09/29/2004)

8 ORDER ENE session is sched for 1/13/05 @ 930am. ENE stmnts shl be received in chmbrs by 1/11/05 @ 4pm. (see ord for spec) (Entered: 10/04/2004)

MISCELLANEOUS DOCUMENT cmplnt in intervention for civil rights

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10/15/2004
10/15/2004
10/19/2004 10/26/2004 11/01/2004
11/04/2004
11/08/2004 11/19/2004
01/13/2005
01/14/2005 01/14/2005 01/19/2005 01/21/2005 01/21/2005 01/21/2005 01/21/2005 01/21/2005 01/21/2005

discrimination and jury trial demand (Entered: 10/07/2004)
9 ORDER On 10/5/04 the clk of crt rec'd a cmplnt in intervention frm J. Andre Boles on behalf of Rosa de Moreno. The clk of crt is ord to rtn the cmplnt in intervention to Mr. Boles. Mr. Boles shl hv to file a mtn to intervene. (see ord for spec) (Entered: 10/18/2004)
10 ORDER ORD tht Ps mtn to permit appearance of govt atty is grntd and Sue J. Noh is admitted to the bar of this crt and is allowed to practice. (see ord for spec) (Entered: 10/18/2004)
MISCELLANEOUS DOCUMENT stip DPSO (Entered: 10/19/2004)
11 MOTION FOR MISCELLANEOUS RELIEF for leave to intervene as P obo Rosa de Moreno (m) (Entered: 10/29/2004)
12 CERTIFICATE OF SERVICE amended ntc of proof of srvc of summons, cmplnt and 1st amend cmplnt by serving Katie Holiday on 8/19/04 (Entered: 11/03/2004)
13 SCHEDULING ORDER discovery c/o 6/13/05; dispositive mtns c/o 7/13/05; PTO due 8/13/05; magistrate packet sent to parties (Entered: 11/05/2004)
14 NON-OPPOSITION ntc of non oppo to Rosa De Moreno mtn for lv to intervene as P in intervention obo P. (Entered: 11/10/2004)
15 ORDER ORD tht Rosa Gonzales de Moreno's mtn to intervene as P (#11) is grntd. The cmplnt in intervention shl be file by 11/30/04. (Entered: 11/22/2004)
16 MISCELLANEOUS HEARING dtd: 1/13/05; re: ENE session; tape 05008; There are no sttlmnt discussions at this time, ord tht a tape of this proceeding is sealed. (Entered: 01/14/2005)
17 SUMMONS ISSUED as to D-Caesar's Entertainment, Inc. (Entered: 01/18/2005)
18 SUMMONS ISSUED as to D-Park Place Entertainment, Corp (Entered: 01/18/2005)
19 ORDER ORD tht the cmplnt in intervention shl be filed by 1/28/05. (see ord for spec) (Entered: 01/20/2005)
20 COMPLAINT cmplnt in intervention and jury trial demand obo P/intervenor-Rosa de Moreno (Entered: 01/25/2005)
21 SUMMONS ISSUED as to D-Chacha (Entered: 01/25/2005)
22 SUMMONS ISSUED as to D-Diomira Castro (Entered: 01/25/2005)
23 SUMMONS ISSUED as to D-Prudencia Escobar (Entered: 01/25/2005)
24 SUMMONS ISSUED as to D-Juana Gonzales (Entered: 01/25/2005)
25 SUMMONS ISSUED as to D-Maria Morales (Entered: 01/25/2005)

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01/24/2005 01/25/2005
01/25/2005
01/28/2005 01/28/2005 01/28/2005 02/01/2005
02/15/2005 02/25/2005 02/28/2005
03/15/2005 03/17/2005
03/24/2005 03/28/2005 03/30/2005 03/31/2005
04/05/2005

26 ANSWER TO COMPLAINT amended answr to cmplnt obo Ds. (m) (Entered: 01/25/2005)
27 SUMMONS RETURNED EXECUTED as to D, Caesar's Entertainmnent by srv R/A at office of CSC Services on 1/19/05; (p) (Entered: 01/26/2005)
28 SUMMONS RETURNED EXECUTED as to D, Park Place Entertainmnt dba Reno Hilton by srv office of CSC Services, Inc., R/A on 1/19/05; (p) (Entered: 01/26/2005)
29 SUMMONS RETURNED EXECUTED as to D-Prudencia Escobar by personal service on 1/21/05 (Entered: 01/31/2005)
30 SUMMONS RETURNED EXECUTED as to D-Juana Gonzales by personal service on 1/21/05 (Entered: 01/31/2005)
31 SUMMONS RETURNED EXECUTED as to D-Diomira Castro by personal service on 1/21/05 (Entered: 01/31/2005)
32 ANSWER TO COMPLAINT to complaint in intervention obo DsCaesars Entertainment, Inc. Park Place Entertmnt (p) (Entered: 02/02/2005)
33 SUMMONS RETURNED EXECUTED as to D-ChaCha by serving Veronica Ayala on 1/21/05 (Entered: 02/16/2005)
34 ANSWER TO COMPLAINT to cmplnt in intervention obo Ds-Gonzalez, Escobar and Castro (m) (Entered: 02/28/2005)
35 MOTION TO COMPEL mtn to compel and for fees and costs associated with motion obo Ds- Caesars Entertainment Inc. Park Place Entertainment (m) (Entered: 03/03/2005)
36 ORDER ORD tht mtn hrg re: mtn to compel (#35) is sched for 5/9/05 @ 2pm. (see ord for spec) (Entered: 03/17/2005)
37 REPLY TO RESPONSE TO MOTION to Moreno's non-oppo to mtn to compel (#35) obo Ds-Caesars Entertainment Inc, Park Place Entertainment (Entered: 03/20/2005)
38 MOTION FOR EXTENSION OF TIME mtn for enlrgmnt of time to rspnd to Ds mtn to compel (#35) obo P. (rcms) (Entered: 03/28/2005)
39 RESPONSE IN OPPOSITION TO MOTION to mtn for enlrgmnt of time (#38) obo Ds. (m) (Entered: 03/28/2005)
40 MOTION FOR EXTENSION OF TIME to extend discovery obo P in intervention (m) (Entered: 04/01/2005)
41 ORDER Intervening Ps mtn for enlrgmnt of time (#38) is grntd in prt. Intervening P shl hv til 4/8/05 to oppo Ds mtn to compel (#35). (see ord for spec) (Entered: 04/01/2005)
42 ORDER Ptys are adv that crt will hear argumnt on mtn to ext disc fld on

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04/05/2005
04/08/2005 04/14/2005 04/19/2005 05/11/2005
05/12/2005 05/12/2005 05/19/2005
05/25/2005 07/07/2005 07/13/2005
07/13/2005 07/13/2005 07/14/2005
07/29/2005
08/08/2005

3/30/05 (#40) @ hrg schdld for 5/9/05 @ 2pm bef USMJ VPC. Cnsl hv been teleph notif. (Entered: 04/06/2005)
43 ANSWER TO COMPLAINT obo Ds, Caesars Entertainmnt Inc., Park Place Entertainment & FHR Corp. (m)(no permissn to file am answer). (Entered: 04/06/2005)
44 RESPONSE IN OPPOSITION TO MOTION to mtn to compel #35 obo P. (Entered: 04/13/2005)
45 STATUS REPORT obo P. (Entered: 04/15/2005)
46 REPLY TO RESPONSE TO MOTION in spt of mtn to compel # 35 obo Ds. (Entered: 04/20/2005)
47 MISCELLANEOUS HEARING dtd: 5/9/05; re: mtn hrg on #35 & 40; FTR 5/9/05 2:00pm; ORD tht Ds mtn to compel (#35) is grntd in so far as (see ord); ORD tht Ds mtn to compel (#35) as to fees and costs is grntd (see ord) ORD tht P in intervention mtn to ext disc (Entered: 05/12/2005)
48 STATEMENT re: costs and fees associated w/mtn to compel obo Ds. (m) (Entered: 05/15/2005)
49 MISCELLANEOUS DOCUMENT disclosure of estimate of damages obo P/intervenor Rosa de Moreno (nss) (Entered: 05/16/2005)
50 ORDER ORD tht cnsl for P in intervention shl pay the sum of $500.00 to Ds cnsl, the law firm of Littler Mendelson w/in 30dys of the date of this ord. (Entered: 05/24/2005)
51 NOTICE (OTHER) of atty's lien against P and intervenor obo P. (rcms) (Entered: 05/26/2005)
MISCELLANEOUS DOCUMENT stip mtn to ext current sched order (Entered: 07/10/2005)
52 ORDER ON STIPULATION the crt cont all cal case deadlines as follows: discovery c/o 11/11/05; dispositive mtns c/o 12/9/05; JPTO 1/8/06 No further ext (Entered: 07/14/2005)
53 MOTION FOR MISCELLANEOUS RELIEF mtn for contempt order obo Ds. (m) (Entered: 07/14/2005)
54 MOTION TO COMPEL mtn to compel Union to rspnd to subpoena obo Ds. (m) (Entered: 07/14/2005)
55 ORDER ORD tht either a sub of cnsl which includes the consent of Rose de Moreno or a mtn to withdraw as cnsl shl be filed by 7/29/05 (Entered: 07/14/2005)
MISCELLANEOUS DOCUMENT substitution of atty; P-Rosa de Moreno substitutes Matthew Q. Callister as atty of record in place and stead of J. Andre Boles (Entered: 08/01/2005)
56 CERTIFICATE OF SERVICE affidavit of service as to (#53 & 54) by

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08/08/2005 08/08/2005 08/08/2005 08/11/2005 08/15/2005 08/16/2005 08/17/2005
08/19/2005 08/22/2005 08/23/2005
08/26/2005 08/29/2005 08/29/2005 09/01/2005

personal service obo Ds. (Entered: 08/08/2005)
57 MOTION FOR MISCELLANEOUS RELIEF (titled) Ds request for ruling on sipt mtn to ext current sched ord (moot see ord #52) (Entered: 08/08/2005)
58 ORDER P/Intervenor, Rosa de Moreno substitutes Matthew Q. Callister as atty of record in place and stead of J. Andre Boles. (Entered: 08/08/2005)
59 REPLY TO RESPONSE TO MOTION to non-oppo to mtn for contempt order (#53) and to compel union to rspnd to subpoena (#54) obo Ds. (m) (Entered: 08/09/2005)
60 CERTIFICATE OF SERVICE affidavit of service as to (#59) by personal service on 8/10/05 (Entered: 08/12/2005)
63 CERTIFICATE OF SERVICE cert of srvc on substitution of atty by mail obo Ps/intervenors (Entered: 08/19/2005)
61 ORDER Ds req for a ruling (#57) is denied as moot. (Entered: 08/17/2005)
62 ORDER TO SHOW CAUSE upon mtn of Ds for contempt ord and to compel Union to rspnd to subpoena (#53/54) ORD tht a representative of the nonparty Hotel Employees&Restaurant Employs Union Local 86 shl appear on 9/6/05 @ 10am; Fur ORD tht w/in 15dys of the dt (Entered: 08/18/2005)
64 MOTION FOR PROTECTIVE ORDER tht deposition of Christine ParkGonzalez not be taken obo P. (m) (Entered: 08/22/2005)
66 MISCELLANEOUS DOCUMENT no text (Entered: 08/25/2005)
67 ORDER TO SHOW CAUSE amend order to show cause, ORD tht representative of the nonparty Hotel Employees & Restaurant Employees Union Local 86 (the union) shl appear 10/6/05 @ 10am before Judge Cooke; Fur ORD tht w/in 15dys of the dt of this ord Ds shl perso (Entered: 08/25/2005)
68 CERTIFICATE OF SERVICE affidavit of service re: Ds mtn for contempt and amended order to show cause by serving receptionist for local #86 on 8/23/05 obo Ds (Entered: 08/29/2005)
69 ORDER the parties are advised tht the crt will hear argumnt on Ps mtn for protective order (#64) at a hrg sched for 10/6/05 @ 10am; (Entered: 08/30/2005)
70 DECLARATION in support of mtn for protective order (#64) obo P. (m) (Entered: 08/30/2005)
71 MOTION FOR EXTENSION OF TIME mtn to ext current sched ord solely as to dates to file dispositive mtn and jnt PTO obo Ds. (m) (Entered: 09/02/2005)

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09/07/2005 09/07/2005 09/09/2005 09/29/2005 10/03/2005 10/03/2005 10/04/2005
10/11/2005
10/14/2005
10/14/2005 10/14/2005 10/14/2005 10/14/2005 10/28/2005 10/31/2005
10/31/2005 11/04/2005

72 RESPONSE TO MOTION to amended order to show cause (#67) obo Union Local 86 (overnight) (Entered: 09/08/2005)
73 DECLARATION of Willis E. Russell in response to subpoena duces tecum obo Union Local 86 (overnight) (Entered: 09/08/2005)
74 RESPONSE IN OPPOSITION TO MOTION to mtn for protective order (#64) obo Ds. (m) plcd in sep folder due to size (Entered: 09/12/2005)
75 REPLY TO RESPONSE TO MOTION to oppo (#74) to mtn for protective order (#64) obo P. (m) (Entered: 10/04/2005)
76 NOTICE (OTHER) to vacate hearing on order to show cause obo Ds. (m,f) (Entered: 10/05/2005)
77 CERTIFICATE OF SERVICE for mtn to permit appearance of govt atty's obo P. (Entered: 10/05/2005)
78 ORDER ORD allowing tht aforementioned govt atty's to practice before this Court in all matters related to this case (see ord for spec) (Entered: 10/05/2005)
79 ORDER tht the aforementioned govt attys are allowed to practice before this court in all matters related to this case (see ord for spec) (Entered: 10/12/2005)
80 MISCELLANEOUS HEARING dtd: 10/6/05; mtn hrg; FTR; Ds mtn (#54) is denied as moot; on 9/27/05 the crt rec'd a supplmntl mtn to permit govt atty's to practice in this case, the mtn is grtnd; ORD tht Ps mtn for protective order (#64) is DENIED; ORD tht Ds mt (Entered: 10/17/2005)
81 MOTION TO QUASH mtn to quash subpoenas for depositions of Galt and Nunez (m) (Entered: 10/17/2005)
82 MEMORANDUM of P/As in support of Ps mtn to quash (#81) obo P. (m) (Entered: 10/17/2005)
83 DECLARATION of Elizabeth Esparza-Cervantes in support of mtn to quash (#81) obo P. (m) (Entered: 10/17/2005)
84 DECLARATION of Marialice Galt obo P. (m) (Entered: 10/17/2005)
85 ORDER ORD tht a mtn hrg re: Ds mtn to quash (#81) is sched for 11/10/05 @ 9am; (see ord for spec) (Entered: 10/30/2005)
86 ORDER ORD tht this action is reassigned to Judge Brian E. Sandoval for all further proceedings; This action shl bear case number CV-N-04-0276BES(VPC) (Entered: 11/01/2005)
MISCELLANEOUS DOCUMENT stip to cont sched order (Entered: 11/02/2005)
87 NOTICE tht Anna Y. Park and Cherry Rojas hv withdrwn as attys for P and Elizabeth Esparza-Cervantes will remain as trial atty of record;

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11/07/2005 11/08/2005 11/08/2005 11/18/2005 01/25/2006
02/02/2006
03/29/2006
03/29/2006 03/30/2006

William R. Tamayo, David F. Offen-Brown and Linda Ordonio-Dixon will commence as add'l cnsl of record; by Plaintiff U.S. Equal Employment Opportunity Commission (JAR, ) Modified on 11/8/2005 (JAR, ). (Entered: 11/08/2005)
88 STIPULATION to stay fur briefing on EEOC's mtn to quash subpoenas for depo of Galt and Nunez by Plaintiff U.S. Equal Employment Opportunity Commission, Defendants Caesars Entertainment, Inc., Park Place Entertainment Corp.. (JAR, ) (Entered: 11/08/2005)
89 ORDER ON STIPULATION re 88 Stipulation GRANTED. Response brief due by 3/17/2005. Signed by Judge Valerie P. Cooke on 11/8/2005. (DN, ) (Entered: 11/08/2005)
90 STIPULATION/ORDER - tht deadlines are cont; discovery c/o 6/19/06; dispositive mtns c/o 6/30/06 and JPTO due 7/28/06. Signed by Judge Valerie P. Cooke on 11/8/05. (JAR, ) (Entered: 11/18/2005)
Set/Reset Deadlines: Discovery due by 6/19/2006. Proposed Joint Pretrial Order due by 7/28/2006. (JAR, ) (Entered: 11/18/2005)
91 MINUTE ORDER IN CHAMBERS of the Honorable Valerie P. Cooke, U.S. Magistrate Judge on 1/25/2006. By Deputy Clerk: LGM. RE: 81 Motion to Quash filed by U.S. Equal Employment Opportunity Commission, Motion Hearing set for 3/30/2006 09:00 AM in Reno Courtroom 1 before Magistrate Judge Valerie P. Cooke. Out-of-state counsel shall be allowed to appear telephonically. All other counsel must be present for this hearing. (LGM, ) (Entered: 01/25/2006)
92 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Valerie P. Cooke, U.S. Magistrate Judge on 2/2/2006. By Deputy Clerk: LGM. The Court's minute order 91 is amended to reflect that the motion hearing is set regarding 81 PLAINTIFF'S motion to quash subpoenas for depositions of Galt and Nunez. All other aspects for order 91 remain in effect. (no image attached) (LGM, ) (Entered: 02/02/2006)
93 STIPULATION re 91 Minute Order Setting Hearing on Motion, ; Stipulation and Order Continuing Hearing on EEOC's Motion to Quash Subpoenas for Depositions of Galt and Nunez by Plaintiff U.S. Equal Employment Opportunity Commission, Defendants Caesars Entertainment, Inc., Park Place Entertainment Corp.. (Heaney Hilden, Susan) (Entered: 03/29/2006)
94 ORDER ON STIPULATION granting 93 Stipulation and order vacating hearing on EEOC's motion to quash subpoenas for depositions of Galt and Nunez. Hearing set for March 30, 2006 at 9:00 a.m. is VACATED. Signed by Judge Valerie P. Cooke on 3/29/06. (DN) (Entered: 03/29/2006)
95 STIPULATION re 94 Order on Stipulation,, Terminate Deadlines/Hearings,, 91 Minute Order Setting Hearing on Motion,, 93 Stipulation, ; Stipulation and Order to Withdraw Without Prejudice EEOC's Motion to Quash Subpoenas for Depositions of Galt and Nunez

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03/30/2006 07/18/2006 07/19/2006
07/31/2006 09/20/2006

by Plaintiff U.S. Equal Employment Opportunity Commission, Defendants Caesars Entertainment, Inc., Park Place Entertainment Corp.. (Heaney Hilden, Susan) (Entered: 03/30/2006)
96 ORDER granting 95 stipulation to withdraw 81 motion to quash deposition subpoenas of Galt and Nunez. Signed by Judge Valerie P. Cooke on 3/30/06. (DN) (Entered: 03/30/2006)
97 SETTLEMENT AGREEMENT [PROPOSED] CONSENT DECREE by Plaintiff U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Stipulation of Dismissal With Prejudice) (Esparza-Cervantes, Elizabeth) (Entered: 07/18/2006)
98 ORDER re 97 Settlement Agreement filed by U.S. Equal Employment Opportunity Commission, GRANTING Stipulation of Dismissal With Prejudice: action dismissed in its entirety against Ds Ceasars Entertainment, Inc., d/b/a Reno Hilton and Park Place Entertainment Corporation d/b/a Reno Hilton, with prejudice. Signed by Judge Brian E. Sandoval on 7/19/06. See ord for spec. (DRM, ) (Entered: 07/19/2006)
99 PRETRIAL NOTICE ORDER. Proposed Joint Pretrial Order due by 8/15/2006. Signed by Judge Brian E. Sandoval on 07/31/06. (MLC) (Entered: 07/31/2006)
100 CONSENT DECREE: The court hereby retains jurisdiction. The provisions of the foregoing Consent Decree are hereby approved and compliance with all provisions thereof is fair and adequate. (see document for further specifcs) Signed by Judge Brian E. Sandoval on 9/20/06. (WJ, ) (Entered: 09/21/2006)

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05/14/2007 14:52:19

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Docket Report

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3:04-cv-00276-BESVPC

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https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?290920746714633-L_923_0-1

5/14/2007