,

Case 3:03-cv-04429-SI Document 1 Filed 09/30/2003 Page 1 of 4

WILLIAM R JONATHAN

rI,' M PEICAKY -Oi i-l 213100834

965 (CA) (V A)

OJ '[
...

2

RAYMOND r. CIlEUNG - 11176086 (CAj
EQUAL F\.II'I.QYMENT Qpl'ORTIJNITY COMMISSION

. :.(!~ .

/,

J

Sail Fnll1C1.'>Co Dislrict Office

,.~

90t Markel 51reet. Suite 500

,

San Fmocisco, CA 941 OJ
Telephone No_ (415) 356-5336
FiI~ No. (.\15) 356-5o.J6

6
Attorneys for ]'Iainliff 7
UNITED STATES DISTR1CTCQURT 8
NORTHERN D1STRJCfOF CAUf'ORN!/\
9

BZ

10 II

4 4 2 9 CEOQMUAl\'UL S!.,:SI\IIOPNLO. Yr.1ENT OPPORTUNITY

»

CC

I

VO.Q~N ~

NO.

)

12

)

Plnintiff,

} CO MPLA INT

Il

) Civil RIghts

)

Emp loyment Discrinn!lmion

"

)

Class Aclion

)

"

CLEAR LAKE RIVIERA YACHT
Ai\'D GOLF CLUB

) J URY TR],\ I. IlEi\IAND
)

16

)

De fendant.

}

"

"

1')

NATURE OF THt; AniON

10

This is an action under Tille VII ofthe CiVil Rights Act of [964 and Tille I oflhe Civil

21 Righls Act of 1991 to corrcct unl ilWrul cmployrnenl pmcliccs on the b351S of sex and to prov ide

22 appropri31c rciicflO Wendy DeBolt. Tnmer~ Eaton. Crystal Cameron ami similarly snunted

23 mdi,;duals "ho '>Iere 3<h-erscly aff&:eted by such practiccs_ As allcgL-d belo". dcrrndanl. Clear

2.1 Lake Rmera Yac1l1 and GolfCluh (nub) subjected !l.lscs. DeBoll, F..alon. Cameron and mhers to

25 a sexually hosI11e work CI\Vlronmcm hecause of their sex. fema lc.

16

JURISDICTI ON AND VENUE

27

Jurisdiction oflhl5 COIlM is invoked pursuam 10 28 U.sc. §§4SI, 1331, 1337,

28 I H3. aoo 1345. This actinn is "lllhori~cd and mstnuwt! pursuant 10 SCCllons 706(f)(]) ofTllk

''' ''P'A I ~'T

Case 3:03-cv-04429-SI Document 1 Filed 09/30/2003 Page 2 of 4

VII oflh.::: Civil Rights Act of 1964. as amended (Tille VII), 42 U.S.C. §§2(lO()e·S(I)(J), and

2

SectIon 102 of the Civil Rights Ac! of 1991. 42 U.S,C. §198 1a.

3

2. The em ployment practices alleged 10 I>c unlawful were allll are now being

"

commltlcd "ilhin Lake CounlY which is within the jurisdiction of the Urllied Slates District

.5 Coun for [he Northcm Dislnc] ofCalifomia.

6

INTRADISTRICT ASSIGNI-IENT

7

J. TIlis ca~c IS appropnale for assigm ncnllO San Francisco becallse the unlawful

8

cUlployrncnl practices alleged were ~nd arc he in i! committed wi th in Lake Coun ly.

9

PAR"I"IES

\0

,.

Plaintiff. the Equal Employment Oppor1lmil)' Commission ("EEOC1, is Ihe

II ag~'lCy oflhe VIllle(! Stales of America charged wilh tnc administration. IIllerpretalion. and

12

CllRm::~'1llCnl of Tille V II and is e~prcssly authorized to bring this action by se<:tions 706(1)( I)

13 and (J) o fTit le VII. 42 U.S.C. §§2000c·5(1)(1) imd (J).

14

5. At all re\cvant tllnes. Defend,mt. Clcar Lake Rivicra Yaeht and GolfCluh ("Club"

I' or "Dl'fcndanl Employer''). has eominuously been doing business m the Statc of Cali fomi a and 16 the lown of Kelseyville and has oominuollsly had at least fifleen employees.

17

6. At all relevant times. Defer>dant Employer has continuously been an employer

18 engaged in an industry afft-cting commerce within the meaning ofscclion 701 (b), (g), and (h) of

I'

Tille VI I. 42 U.s.c. §2000c-(b). (g), and (h).

20

STA TE MENT OF CLAIMS

21

7. More Ih.m Ihiny days prior to the instiuuion of this lawsuit. Wendy DcBoIl.

22 Taml'ra Eaton and Crystal Cameron scpar.ltely filed ch;lrges o f discrimlnatiol l "jth the EEOC

23 :.lleglll!; violations of Tillc VI I hy Defembnt Employer. A11 conditIons pr.:-<:OOenl [0 Ihe

14 in Slilln ion of this lawsllli hilVC been fulfilled.

"

8

Sincc ill 11"'5\ December 2000. Defendant Employer has engaged in unlawful

26 practices at its Kelsc)'\ i III.'. Cal iforn13 restaurant and club III ,iolation of Sl"1:1I0n 70J(a}( I) of

27 Tnle VII, 42 U.sC. §§2()()(k·2{a). TI1CSC practicC5 ulclude subjcrllng \ises. Delloh. Eaton.

28 Cameron and other Si lll ll~rl y situated employees 10 sexu al haraSslllent and 10 :111 offensi>'c.

2

Case 3:03-cv-04429-SI Document 1 Filed 09/30/2003 Page 3 of 4

abllsi\'C. intim idati ng an d hostile work envir{)nmcllt based on their sex, female.

2

9.

The effect of the practices comp b," cd of above has bc~n to deprive Wcndy

3

DeBolt. T amera Eaton, Crystal Cameron and ot hers of equa l emp loyme nt opportunitics and

4

otherwise to adversely affect their stams as all cmployee because of their sex, fcmale.

j

10. The ulll:lwful employmcnJ practices complained of abol'e were and an:

6

intentional.

7

\ I. The un lawful emp loymen t practices compl ained of above were and arc done with

S

malice and/or reckless disregard for the federally protected rights of Wendy DeBolt, Tamera

9

c aton, Crystal Cameron and other simi b rly situated women .

10

PRAYER FOR RELIEF

"

WHEREFORE. the Commission rcspcctfl' Ily requests that this Court :

"

A. Grall! a pennancnt inj unction cnjoilli ng Defendant Employer, its officers,

13 successors. assi gns. and aII persons inactive conccrt or part icipation with il. rmm engaging in

14 sexual hmassmenL sex -based har;lssmem, sex discrim ination and any other cmployment prac tice

\5 which discriminates on the hasi~ nf se.~

16

Ordcr Defcndant Employer to JUstilutc and carry oul p<J licies. practices. and

17 programs which provide cqual cmploymcnt opportunities fur female employees and wh ich

18 eradicate thc effects of its past ~nd prt<;tnt unlawful empluyment pr;lCt ices.

19

c

Ordcr Dcfendant Emp loyer 10 make who le Wendy DeBoh. Tamera E;l1on. Crysta l

20 C~mcron and ot her similarly situated women by providing ~ompcnsat ion for past and f\llllre

-21

pecuniary lossc ~ resliiting frolll the un lawflll emp loymc11l pradlCcs 'kscribcJ above, IllchJ(ling

22 medica l expenses , wirh interest, in amounts to be dct cnn incd at trial.

23

D. Order DcfcmJanl Employ"" to make whole W~ndy DeBolt. Tamera Eaton, Crystal

24 Cameron and other similarly silllalcd women by proViding compensalion for past and i"ull,rc nOIl-

25 pecuniary losses caused by the "h()vu unbwful conduct. inc luding paill and sulTcring, emotional

26 d"lress. indignity, loss of crlJoymc11l of Ii fe, loss 0 f scl f-esteem. and hum;hal; on, 11l amounts II)

27 bcdclCTllli"cc\ at (rial.

28

E. Ord~r OdcndaJ1[ Emp\oyer to pay Wendy DeBolt. T;' mera bt () n, Crystal

3

Case 3:03-cv-04429-SI Document 1 Filed 09/30/2003 Page 4 of 4

Cameron and oIlier similarly Si lUalcd wOlllen puu i live damages for its malicious mId rlockless

2

conduct described atK.wc, in amounts \0 be detcrmmed 31 trial.

,,.1

F Grant such further r.:1!c(:lS the Coun deems proper. G Award the CortUlllssioll its costs in lhls action.
JURY TRIAL DEMANP

6

The Commission requests a jury trial On all <juesllons of fact r:ll;cd hy its comp1alllt

7

Respectfully suhmillcd.

8

9

10

II

12

Il

"

"
16

Dated. J./.liJJ:f)

17

ERIC S. OREIBAND GENERAL COUNSEL
JAMES L. LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 LSlrCCI,KW. Wa:;llIoglon. DC 20507

18
19 Dated:

20

21

12

2.1

EQ AI. EMPLOY, . T

2'

OPPORTUNtT

~II>IJSSION

San Fr~nci$Co . lrielOffice

"
2G

901 Mark et S CCI. Sunc 500
Snn Fr311Cl$<:0, CA 94103-17 J 5 Telephone: (415) 356-5336

27

28

,

 
 Case 3:03-cv-04429-SI Document 26 Filed 06/16/2004 Page 1 of 4

1 GIRARD & VINSON, LLP MICHELLE L. CANNON, SBN 172680
2 CHRISTIAN M. KEINER, SBN 95144 1006 Fourth Street, Eighth Floor
3 Sacramento, CA 95814-3326 Telephone: (916) 446-9292
4 Facsimile: (916) 446-5711

5 Attorneys for Defendant CLEAR LAKE RIVIERA YACHT AND GOLF CLUB
6

7 WILLIAM R. TAMAYO - #084965 (CA) JONATHAN T. PECK - #12303 (VA)
8 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
9 San Francisco District Office 345 Spear Street, Suite 500
10 San Francisco, CA 94105 Telephone: (415) 625-5649
11 Facsimile: (415) 625-5657

12 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
13

14 UNITED STATES DISTRICT COURT
15 NORTHERN DISTRICT OF CALIFORNIA
16

17

EQUAL EMPLOYMENT OPPORTUNITY ) Case No. C 03 4429 SI

18 COMMISSION,

)

)

19

Plaintiff, ) CONSENT DECREE BETWEEN THE

) EQUAL EMPLOYMENT

20

v.

) OPPORTUNITY COMMISSION AND

) CLEAR LAKE RIVIERA YACHT AND

21 CLEAR LAKE RIVIERA YACHT AND

) GOLF CLUB; ORDER

GOLF CLUB,

)

22

)

Defendant. )

23

)

24

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this action

25 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

26 correct alleged unlawful employment practices on the basis of discrimination based on sex and

27 sex harassment and to provide appropriate relief to individuals who the Commission alleged

28 were adversely affected by such practices. The Commission alleged that Defendant Clear Lake

1
CONSENT DECREE AND ORDER

CASE NO. C 03 4429 SI

Case 3:03-cv-04429-SI Document 26 Filed 06/16/2004 Page 2 of 4

1 Riviera Yacht and Country Club (“Club”) subjected employees to unlawful discrimination

2 based on sex in violation of Title VII. The Commission and Defendant Club now seek to

3 resolve this action as to each other without further contested litigation through the instant

4 Consent Decree. This resolution does not constitute an admission of liability on the part of the

5 Club, nor constitute a finding on the allegations stated in the Commission’s Complaint. This

6 Consent Decree represents a good faith settlement of contested and disputed claims.

7

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

8 and the applicable law, and now vacates its Order of Dismissal Upon Settlement issued on May

9 12, 2004 and approves this Consent Decree.

10

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

11 GENERAL PROVISIONS

12 1. This Court has jurisdiction over the subject matter and the parties to this action. This

13

Court retains jurisdiction over this Consent Decree during its term.

14 2. This Consent Decree constitutes a full and final resolution of the Commission’s claims

15

against the Club in this action.

16 3. This Consent Decree will become effective upon its entry by the Court.

17 4. This Consent Decree is final and binding upon the parties to it, their successors and

18

assigns.

19 5. The Commission and the Club will each bear its own costs and attorneys fees in this

20

action.

21 GENERAL INJUNCTIVE RELIEF

22 6. The Club and its current officers, agents, employees, and all persons in active concert or

23

participation with them will comply with all requirements of Title VII with respect to

24

providing a work environment free from discrimination on the basis of sex.

25 7. The Club and its current officers, agents, employees, and all persons in active concert or

26

participation with them agree not to retaliate against Wendy DeBolt, Crystal Cameron

27

and Tamara Eaton (“Charging Parties”) for having testified or participated in any

28

manner in the Commission’s investigation and the proceedings in this case.

2
CONSENT DECREE AND ORDER

CASE NO. C 03 4429 SI

Case 3:03-cv-04429-SI Document 26 Filed 06/16/2004 Page 3 of 4

1 SPECIAL INJUNCTIVE RELIEF

2 8. No later than forty-five (45) days from the entry of this Consent Decree, the Club will

3

use an outside consultant to conduct an all-day sexual harassment training for all

4

employees and board members.

5 9. The Club will post a copy of this Consent Decree and the Club’s anti-

6

discriminatory/harassment policy in a prominent place at its work sit for the entire

7

duration of the Consent Decree.

8 10. The Club will terminate the employment of Israel Gonzales, effective June 30, 2004.

9 11. The Club will terminate the employment of Alex Garcia, effective September 30, 2004.

10 MONETARY RELIEF

11 12. The Club will pay the Charging Parties a total of $75,000 in compensatory damages.

12

This amount will be paid in installments – $10,000 within 30 days of the entry of the

13

Consent Decree; another $10,000 within 60 days of the entry of the Consent Decree; and

14

another $10,000 within 90 days of the entry of the Consent Decree. The remaining

15

$45,000 will be paid within 36 months of the entry of the Consent Decree. These

16

payments will be divided evenly among the three named Charging Parties in this case.

17

These sums will be paid by check directly to each individual in her name, and will be

18

sent to each via certified mail, Federal Express, or United Parcel Service delivery at

19

addresses to be provided to the Club by the Commission. A copy of said checks and

20

their transmittal letters will be sent to Commission counsel Raymond Cheung at the San

21

Francisco District Office.

22 EXPIRATION OF CONSENT DECREE AND DISMISSAL

23 13. Due to the installment payment of the monetary relief, this Court will retain jurisdiction

24

of this case and enforcement power over this Consent Decree for a period of three years

25

(36 months) after the entry of this Consent Decree. Thereafter, this lawsuit will be

26

dismissed with prejudice, provided that Defendants have complied with the terms of this

27

Consent Decree.

28

3
CONSENT DECREE AND ORDER

CASE NO. C 03 4429 SI

Case 3:03-cv-04429-SI Document 26 Filed 06/16/2004 Page 4 of 4

1

2

3

4

5

6 Dated: ____________
7

8

9

10

11

12

13 Dated: ____________

14

15

16

17

18

19

It is so ordered.

20

21 Dated: June 16, 2004.

22

23

24

25

26

27

28

CONSENT DECREE AND ORDER

GIRARD & VINSON, LLP
By MICHELLE L. CANNON
Attorneys for Defendant CLEAR LAKE RIVIERA YACHT AND GOLF CLUB
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By RAYMOND T. CHEUNG
Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ORDER
HONORABLE SUSAN ILLSTON United States District Judge
4
CASE NO. C 03 4429 SI

 
 Case 3:03-cv-04429-SI Document 27 Filed 06/18/2004 Page 1 of 4
E-filing

GIRARD & VINSON, LLP

\• l

r· I:'

r'l. "~:~.",\\_1::1-: ,:~ n."0
'"' . , ,'"

~ 1..1
,

2

MICHELLE L. CANNON, SBN 172680 , , '
CHRISTIAN M. KEINER, SBN 95144 CI JJt, \ \)

~;i \: 43~o..{&, /t., '

/

1006 Fourth Street, Eighth Floor

. ,. ,~, )"li'~b~R1:Y,;//, I

3 Sacramento, CA 95814-3326 Telephone:' (916) 446-9292

"c"\~R"lR,I,C.,..h,·"\)C".\.,"\u',l1','\,11~-~, \I,L\fO"~\"

').'.jD/.'
", '!'J (.' -1' ,-:,~

4 Facsimile: (916) 446-5711

I ".,(~ot.P'

0",
"tltl

5 Attorneys for Defendant CLEAR LAKE

RIVIERA YACHT AND GOLF CLUB

6

ILLIAM R, TAMAYO - #084965 (CA) JONATHAN T. PECK - #12303 (VA) RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 9 San Francisco District Office 345 Spear Street, Suite 500 10 San Francisco, CA 94105 Telephone: (415) 625-5649 11 Facsimile: (415)625-5657

12 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
13

14 UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA 16

17

EQUAL EMPLOYMENT OPPORTUNITY ) Case No, C 03 4429 SI

18 COMMISSION,

)

)

19

Plaintiff, ) CONSENT DECREE BETWEEN THE

) EQUAL EMPLOYMENT

20

v.

) OPPORTUNITY COMMISSION AND

) CLEAR LAKE RIVIERA YACHT AND

21 CLEAR LAKE RIVIERA YACHT AND

) GOLF CLUB; ORDER

GOLF CLUB.

)

22

)

Defendant. )

23

)

24

Plaintiff Equal Employment Opportunity Commission ("Commission") filed this action

25 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act ofl991 to correct

26 alleged unlawful employment practices on the basis of discrimination based on sex and sex

27 harassment and to provide appropriate relief to individuals who the Commission alleged were

28 adversely affected by such practices. The Commission alleged that Defendant Clear Lake Riviera

CONSENT DECREE ANO ORDER

CASE No. C 03 4429 SI

Case 3:03-cv-04429-SI Document 27 Filed 06/18/2004 Page 2 of 4

Yacht and Golf Club ("Club") subjected employees to unlawful discrimination based on sex in

2 violation of Title VII. The Commission and Defendant Club now seek to resolve this action as to

3 each other without further contested litigation through the instant Consent Decree. This resolution

4 does not constitute an admission ofliability on the part of the Club, nor constitute a finding on the

5 allegations stated in the Commission's Complaint. This Consent Decree represents a good faith

6 settlement of contested and disputed claims.

7

The Court has reviewed this Consent Decree in light ofthe pleadings, the record herein, and

8 the applicable law, and now vacates its Order of Dismissal Upon Settlement issued on May 12,

9 2004 and approves this Consent Decree.

10

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

II GENERAL PROVISIONS

12 1. This Court has jurisdiction over the subject matter and the parties to this action. This Court

13

retains jurisdiction over this Consent Decree during its term.

14 2. This Consent Decree constitutes a full and final resolution of the Commission's claims

15

against the Club in this action.

16 3. This Consent Decree will become effective upon its entry by the Court.

17 4. This Consent Decree is final and binding upon the parties to it, their successors and assigns.

18 5. The Commission and the Club will each bear its own costs and attorneys fees in this action.

19 GENERAL INJUNCTIVE RELIEF

20 6. The. Club and its current officers, agents, employees, and all persons in active concert or

21

participation with them will comply with all requirements of Title VII with respect to

22

providing a work environment free from discrimination on the basis of sex.

23 7. The Club and its current officers, agents, employees, and all persons in active concert or

24

participation with them agree not to retaliate against Wendy DeBolt, Crystal Cameron and

25

Tamara Eaton ("Charging Parties") for having testified or participated in any manner in the

26

Commission's investigation and the proceedings in this case.

27 SPECIAL INJUNCTIVE RELIEF

28 8. No later than forty-five (45) days from the entry of this Consent Decree, the Club will use

2
CONSENT DECREE AND ORDER

CASE No. C 034429 Sl

Case 3:03-cv-04429-SI Document 27 Filed 06/18/2004 Page 3 of 4

2 3 9.

an outside consultant to conduct an all-day sexual harassment training for all employees and board members. The Club will post a copy of this Consent Decree and the Club's anti-

4

discriminatory/harassment policy in a prominent place at its work site for the entire

5

duration of the Consent Decree.

6 10. The Club will terminate the employment of Israel Gonzales, effective June 30, 2004.

7 11. The employment of Alex Garcia will terminate no later than September 30, 2004.

8 MONETARY RELIEF

9 12. The Club will pay the Charging Parties a total of$75,000 in compensatory damages. This

10

amount will be paid in installments - $10,000 within 30 days of the entry of the Consent

11

Decree; another $10,000 within 60 days of the entry of the Consent Decree; and another

12

$10,000 within 90 days of the entry of the Consent Decree. The remaining $45,000 will be

13

paid within 36 months of the entry of the Consent Decree. These payments will be divided

14

evenly among the three named Charging Parties in this case. These sums will be paid by

15

check directly to each individual in her name, and will be sent to each via certified mail,

16

Federal Express, or United Parcel Service delivery at addresses to be provided to the Club

17

by the Commission. A copy of said checks and their transmittal letters will be sent to

18

Commission counsel Raymond Cheung at the San Francisco District Office.

19

20

21
22

23

24

25 26

27

28

3
CONSENT DECREE AND ORDER

CASE No. C 03 4429 SI

Case 3:03-cv-04429-SI Document 27 Filed 06/18/2004 Page 4 of 4

EXPIRATION OF CONSENT DECREE AND DISMISSAL

2 13. Due to the installment payment of the monetary relief, this Court will retain jurisdiction of

3

this case and enforcement power over this Consent Decree for a period of three years (36

4

months) after the entry of this Consent Decree. Thereafter. this lawsuit will be dismissed

5

with prejudice, provided that Defendants have complied with the terms of this Consent

6

Decree.

7

8

GIRARD & VINSON, LLP

9
10 Dated:
11
12

By ~ttUJf(i~ MIHELLE L. CANNON Attorneys for Defendant CLEAR LAKE RIVIERA YACHT AND GOLF CLUB

13

14

EQUAL EMPLOYMENT OPPORTUNITY

15

COMMISSION

16

17 Dated:*
18

19
20

21

22

ORDER

23 It is so ordered.
24

25 Dated:
26
27
28

HONORABLE SUSAN ILLSTON United States District Judge

4
CONSENT DECREE AND ORDER

CASE No. C 03 4429 SI

 
 CAND-ECF - Docket Report

Page 1 of 4

ADRMOP, CLOSED, E-Filing, MEDTERM, RELATE
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:03-cv-04429-SI

Equal Employment Opportunity Commission v. Clear Lake Riviera Yacht & Golf Club Assigned to: Hon. Susan Illston Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Raymond T. Cheung US EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415-625-5600 Fax: 415-625-5657 Email: raymond.cheung@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Clear Lake Riviera Yacht & Golf Club

represented by Marsha Volk Bugalla Girard & Vinson, LLP 1676 N. California Blvd., Suite 450 Walnut Creek, CA 94596 925-746-7660 ATTORNEY TO BE NOTICED
Michelle Leigh Cannon Girard & Vinson 1006 Fourth Street, Eighth Floor Sacramento, CA 95814-3326 916-446-9292 Fax: 916-446-5711 Email: mcannon@kmtg.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2003

#

Docket Text

1 COMPLAINT For Civil Rights-Employment Discrimination - [Summons Issued] against Clear Lake Riviera Yacht & Golf Club, [Filing Fee: Waived/Goverment]. Filed by Plaintiff Equal Employment Opportunity

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?600822298092166-L_923_0-1

4/26/2007

CAND-ECF - Docket Report

Page 2 of 4

09/30/2003 09/30/2003
09/30/2003 10/31/2003 10/31/2003 11/05/2003 11/05/2003 11/14/2003 12/03/2003
12/29/2003 12/29/2003 01/20/2004 01/20/2004 01/22/2004

Commission. tn, COURT STAFF) Additional attachment(s) added on 10/20/2003 (tn, COURT STAFF). (Entered: 10/01/2003)
Summons Issued as to Clear Lake Riviera Yacht & Golf Club (tn, COURT STAFF) (Entered: 10/01/2003)
2 ADR SCHEDULING ORDER: Case Management Statement due by 2/2/2004. Initial Case Management Conference set for 4:00 p.m. on 2/9/2004. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Entered: 10/01/2003)
CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 10/01/2003)
3 Consent to Proceed Before a U.S. Magistrate Judge by Equal Employment Opportunity Commission. (Cheung, Raymond) (Entered: 10/31/2003)
4 NOTICE of Change of Address by Equal Employment Opportunity Commission. (tn, COURT STAFF) Additional attachment(s) added on 11/14/2003 (tn, COURT STAFF). (Entered: 11/03/2003)
5 ANSWER to Complaint by Clear Lake Riviera Yacht & Golf Club. (Cannon, Michelle) (Entered: 11/05/2003)
6 NOTICE of Related Case re 5 by Clear Lake Riviera Yacht & Golf Club. (Cannon, Michelle) (Entered: 11/05/2003)
7 CLERK'S NOTICE To Plaintiff's Counsel re: Failure to E-File and/or Failure to Register as an E-Filer. (tn, COURT STAFF) (Entered: 11/14/2003)
8 ORDER RELATING CASE. Case reassigned to Judge Susan Illston and Susan Illston for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by Judge Illston on 12/1/03. (ts, COURT STAFF) (Filed on 12/3/2003) (Entered: 12/03/2003)
9 CLERK'S NOTICE setting case management to occur on 2/13/04 (Attachments: # 1) (ts, COURT STAFF) (Filed on 12/29/2003) (Entered: 12/29/2003)
Set Deadlines/Hearings: Initial Case Management Conference set for 2/13/2004 02:00 PM. (ys, COURT STAFF) (Filed on 12/29/2003) (Entered: 12/30/2003)
10 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission (Cheung, Raymond) (Filed on 1/20/2004) (Entered: 01/20/2004)
11 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Cheung, Raymond) (Filed on 1/20/2004) (Entered: 01/20/2004)
12 ORDER REFERRING CASE to Mediation.. Signed by Judge Illston on 1/21/04. (ts, COURT STAFF) (Filed on 1/22/2004) (Entered:

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?600822298092166-L_923_0-1

4/26/2007

CAND-ECF - Docket Report

Page 3 of 4

02/06/2004 02/20/2004 02/20/2004
02/20/2004
02/24/2004 02/27/2004 02/27/2004 03/16/2004 03/29/2004 04/21/2004 04/21/2004

01/22/2004)
13 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Clear Lake Riviera Yacht & Golf Club. (Cannon, Michelle) (Filed on 2/6/2004) (Entered: 02/06/2004)
15 ADR Clerks Notice Appointing Alan R. Berkowitz as Mediator. (bt, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004)
16 Minute Entry: Initial Case Management Conference held on 2/13/2004 before Illston Case continued to 5/7/04 @ 2:30 P.M. for Further Case Management ConferenceCase continued to 11/5/04 @ 9:00 A.M. for Motions(Motion due 10/1/04, Opposition 10/15/04 Reply 10/22/04)Case continued to 2/22/05 @ 3:30 P.M. for Pretrial ConferenceCase continued to 3/7/05 @ 8:30 A.M. for Trial (JURY:5 Days)Discovery Cutoff: 8/31/04 Designate Experts by: 8/20/04Expert Discovery Cutoff:9/24/04ORDERED AFTER HEARING: Mediation shall occur by mid to late April 2004.By March 12, 2004, plaintiff shall respond re: class members due process concerns.(Date Filed: 2/20/2004). (Court Reporter none.) (ts, COURT STAFF) (Date Filed: 2/20/2004) (Entered: 02/20/2004)
Set Deadlines/Hearings: Discovery due by 8/31/2004. Motions due by 10/1/2004. Case Management Conference set for 5/7/2004 02:30 PM. Further Case Management Conference set for 2/22/2005 03:30 PM. Jury Trial set for 3/7/2005 08:30 AM. Motion Hearing set for 11/5/2004 09:00 AM. Pretrial Conference set for 2/22/2005 03:30 PM. (ys, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/23/2004)
17 PRETRIAL ORDER. Signed by Judge Illston on 2/24/04. (ts, COURT STAFF) (Filed on 2/24/2004) (Entered: 02/24/2004)
Pre MED phone conference scheduled on hoping to conduct before 3/12/2004 w/ Alan R. Berkowitz (bt, COURT STAFF) (Filed on 2/27/2004) (Entered: 02/27/2004)
18 Attachment to previously filed PRETRIAL ORDER (ts, COURT STAFF) (Filed on 2/27/2004) (Entered: 02/27/2004)
Set/Reset Hearings: Mediation Hearing set for 4/27/2004 10:30 AM at mediator's office (bt, COURT STAFF) (Filed on 3/16/2004) (Entered: 03/16/2004)
19 Letter Brief Regarding Class Issues filed by Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 3/29/2004) (Entered: 03/29/2004)
20 MOTION for leave to appear in Pro Hac Vice of Marsha Volk Bugalla ($60.00, receipt #3359163) filed by Clear Lake Riviera Yacht & Golf Club. (ys, COURT STAFF) (Filed on 4/21/2004) (Entered: 04/22/2004)
Proposed Order re [20] application for admission of pro hac vice of Marsha Volk Bugalla by Clear Lake Riviera Yacht & Golf Club. (ys, COURT STAFF) (Filed on 4/21/2004) (Entered: 04/22/2004)

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?600822298092166-L_923_0-1

4/26/2007

CAND-ECF - Docket Report

Page 4 of 4

04/22/2004 04/30/2004 05/10/2004
05/10/2004 05/11/2004 05/13/2004 06/16/2004 06/18/2004

21 ORDER by Judge Susan Illston granting [20] Motion for Pro Hac Vice of Marsha Volk Bugalla. (ys, COURT STAFF) (Filed on 4/22/2004) (Entered: 04/23/2004)
22 JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 4/30/2004) (Entered: 04/30/2004)
23 Minute Entry: Further Case Management Conference held on 5/7/2004 before Illston Case continued to 6/4/04 @ 2:30 p.m. for Further Case Management Conference The parties informed the Court that this case has settled. The consent decree will be submitted to the Court by May 28, 2004.(Date Filed: 5/10/2004). (Court Reporter none.) (ts, COURT STAFF) (Date Filed: 5/10/2004) (Entered: 05/10/2004)
Set Deadlines/Hearings: Further Case Management Conference set for 6/4/2004 02:30 PM. (ys, COURT STAFF) (Filed on 5/10/2004) (Entered: 05/11/2004)
24 CERTIFICATION OF MEDIATION Session held on 4/27/04 w/Alan R. Berkowitz. Case settled at the session. ADR process completed (bt, COURT STAFF) (Filed on 5/11/2004) (Entered: 05/11/2004)
25 ORDER DISMISSING CASE. Signed by Judge Illston on 5/12/04. (ts, COURT STAFF) (Filed on 5/13/2004) (Entered: 05/13/2004)
26 SETTLEMENT AGREEMENT Consent Decree Between Parties and Proposed Order by Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 6/16/2004) (Entered: 06/16/2004)
27 COSNENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND CLEAR LAKE RIVIERA YACHT AND GOLF CLUB; ORDER re 26 Settlement Agreement filed by Equal Employment Opportunity Commission. Signed by Judge Illston on 6/18/04. (sp, COURT STAFF) (Filed on 6/18/2004) (Entered: 06/18/2004)

PACER Service Center
Transaction Receipt

04/26/2007 13:58:16

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 3:03-cv-04429-SI

Billable Pages: 3

Cost:

0.24

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?600822298092166-L_923_0-1

4/26/2007