1 Mary Jo O'Neill, AZ Bar No. 005924

Sally C. Shanley, AZ Bar No. 012251

2 Michelle G. Marshall, AZ Bar No. 017358

EQUAL EMPLOYMENT OPPORTUNITY 3 COMMISSION, Phoenix District Office

3300 North Central Avenue, Suite 690

4 Phoenix, Arizona 85012-2504

Telephone: (602) 640-5020

5 Fax: (602) 640-5009

Emails: mary.oneill@eeoc.gov

6

sally.shanley@eeoc.gov

michelle.marshall@eeoc.gov

7

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10

PHOENIX DIVISION

11

) 12 EQUAL EMPLOYMENT OPPORTUNITY )

13 COMMISSION,

) Case No.:
)

14

Plaintiff,

) ) COMPLAINT

15

vs.

) ) (JURY TRIAL DEMANDED)

) 16 SUNWEST FEDERAL CREDIT UNION, )

)

17 A Federally Chartered Credit Union,

)

)

18

Defendant.

)

19
NATURE OF THE ACTION
20

21

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

22 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex,

23 female, and provide appropriate relief due to Marlene Wight and a class of women as a

24 result of such unlawful practices. The Commission alleges that Sunwest Federal Credit

25 Union (hereinafter “Defendant”) discriminated against Marlene Wight and a class of

26 women by subjecting them to sexual and gender-based harassment. The Commission

27 further alleges that Defendant discriminated against Ms. Wight in retaliation for

28 complaining about the harassment by further harassing and then terminating her.

Case 2:06-cv-02284-SRB Document 1 -1F- iled 09/22/2006 Page 1 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

3 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

4 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

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

6 1991, 42 U.S.C. § 1981a. The employment practices alleged to be unlawful were

7 committed within the jurisdiction of the United States District Court for the District of

8 Arizona, Phoenix Division.

9

PARTIES

10

2. Plaintiff, the Equal Employment Opportunity Commission (the

11 "Commission"), is the agency of the United States of America charged with the

12 administration, interpretation and enforcement of Title VII, and is expressly authorized to

13 bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1).

14

3. At all relevant times, Defendant has continuously been a federally chartered

15 credit union doing business in the State of Arizona and has continuously had at least 15

16 employees.

17

4. At all relevant times, Defendant has continuously been an employer

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

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

20

STATEMENT OF CLAIMS

21

5. More than thirty days prior to the institution of this lawsuit, Marlene Wight

22 filed a charge with the Commission alleging violations of Title VII by Defendant. All

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

24

6. Since at least January 2004, Defendant has engaged in unlawful

25 employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-

26 2(a)(1). These unlawful employment practices include, but are not limited to:

27

a. A manager leering at and touching female employees without their

28

consent;

Case 2:06-cv-02284-SRB Document 1 -2F- iled 09/22/2006 Page 2 of 5

1

b. A manager referring to himself as a “babe magnet;”

2

c. A manager regularly referring to women as “bitches;” and

3

d. A manager yelling at, demeaning and intimidating female

4

employees.

5

7. Since at least January 2004, Defendant has engaged in unlawful

6 employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3, by

7 retaliating against Ms. Wight by further harassing her and then discharging her from her

8 employment after she made complaints about the hostile work environment. These

9 unlawful employment practices include, but are not limited to:

10

a. A manager telling Ms. Wight, “You will not cost me my job. I will

11

take you out,” and “I am your executioner, I have my executioner’s

12

hood on and I’m ready to take your head off;”

13

b. A manager changing Ms. Wight’s job title and giving her unrealistic

14

goals to meet; and

15

c. Defendant disciplining and discharging Ms. Wight.

16

8. The effect of the practice(s) complained of in paragraphs 6 and 7 has been

17 to deprive Marlene Wight and a class of women of equal employment opportunities and

18 otherwise adversely affect their status as employees, because of their sex, female.

19

9. The unlawful employment practices complained of in paragraphs 6 and 7

20 were intentional.

21

10. The unlawful employment practices complained of in paragraphs 6 and 7

22 were done with malice or with reckless indifference to the federally protected rights of

23 Ms. Wight and a class of women.

24

PRAYER FOR RELIEF

25

Wherefore, the Commission requests that this Court:

26

A. Grant a permanent injunction enjoining the Defendant, its officers,

27 successors, assigns and all persons in active concert or participation with it, from

28

Case 2:06-cv-02284-SRB Document 1 -3F- iled 09/22/2006 Page 3 of 5

1 engaging in the harassment of employees because of sex and any other employment

2 practice which discriminates on the basis of sex.

3

B. Grant a permanent injunction enjoining Defendant, its officers, successors,

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

5 employment practice which discriminates or retaliates against any individual because of

6 the individual’s opposition to perceived unlawful employment practices and/or because

7 the individual filed a charge, testified, assisted or participated in an investigation or

8 proceeding under Title VII.

9

C. Order Defendant to make whole Marlene Wight by providing backpay with

10 prejudgment interest, in amounts to be proved at trial, and other affirmative relief

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

12 limited to, rightful place reinstatement or front pay.

13

D. Order Defendant to make whole Marlene Wight and a class of women by

14 providing compensation for past and future pecuniary losses resulting from the unlawful

15 practices described in paragraph 6 above, and make whole Marlene Wight by providing

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

17 described in paragraph 7, in amounts to be determined at trial.

18

E. Order Defendant to make whole Marlene Wight and a class of women by

19 providing compensation for past and future nonpecuniary losses resulting from the

20 unlawful practices complained of in paragraph 6 above, and make whole Marlene Wight

21 by providing compensation for past and future pecuniary losses resulting from the

22 unlawful practices described in paragraph 7, including but not limited to emotional pain,

23 suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be

24 determined at trial.

25

F. Order Defendant to pay Marlene Wight and a class of women punitive

26 damages for its malicious and/or reckless conduct described in paragraph 6 above, and

27 pay Marlene Wight punitive damages for its malicious and/or reckless conduct described

28 in paragraph 7, in an amount to be determined at trial.

Case 2:06-cv-02284-SRB Document 1 -4F- iled 09/22/2006 Page 4 of 5

1

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

2 public interest.

3

H. 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

Respectfully submitted this 22nd day of September, 2006.

8

RONALD S. COOPER

9

General Counsel

10

JAMES L. LEE

Deputy General Counsel
11

12

GWENDOLYN YOUNG REAMS Associate General Counsel

13

EQUAL EMPLOYMENT

14

OPPORTUNITYCOMMISSION

1801 L Street, NW

15

Washington, D.C. 20507

16

s/ Mary Jo O’Neill

17

MARY JO O’NEILL

Regional Attorney

18

s/ Sally C. Shanley

19

SALLY C. SHANLEY

Supervisory Trial Attorney
20

21

s/ Michelle G. Marshall

22

MICHELLE G. MARSHALL Trial Attorney

23
EQUAL EMPLOYMENT

24

OPPORTUNITY COMMISSION

Phoenix District Office

25

3300 N. Central Ave.

Suite 690

26

Phoenix, Arizona 85012

27

Attorneys for Plaintiff

28

Case 2:06-cv-02284-SRB Document 1 -5F- iled 09/22/2006 Page 5 of 5

 
 1 SUSAN MARTIN (#014226) DANIEL L. BONNETT (#014127)
2 JENNIFER L. KROLL AZ #019859 MARTIN & BONNETT, P.L.L.C.
3 3300 N. Central Ave., Suite 1720 Phoenix, AZ 85012
4 (602) 240-6900 smartin@martinbonnett.com
5 dbonnett@martinbonnett.com jkroll@martinbonnett.com
6 Attorneys for Plaintiff
7

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10 Marlene Wight,

)

) Cause No. 2:06-CV-02284-PHX-

11

Plaintiff-Intervener, ) SRB

)

12

vs.

)

) PLAINTIFF-INTERVENER’S

13 Sunwest Federal Credit Union, a Federally ) COMPLAINT

Chartered Credit Union,

)

14

) (Jury Trial Demanded)

Defendant.

)

15

)

)

16 ______________________________________

17

18 This action is based on unlawful and prohibited employment practices on the
19 part of the Defendant, Sunwest Federal Credit Union (“Defendant” or “Sunwest Federal”)
20 and seeks to provide appropriate relief for Marlene Wight (“Ms. Wight” or “Plaintiff”) who
21 was adversely affected by such practices. Plaintiff alleges that Defendant violated Title VII
22 of the Civil Rights Act of 1964, as am ended, by discriminating against Ms. Wight on the
23 basis of her sex, female, retaliating against her for complaining of a sexually hostile work
24 environment and terminating Plaintiff because she complained to management.
25 JURISDICTION AND VENUE
26 1. Jurisdiction of this Court isinvoked pursuant to 28 U.S.C. §§ 451, 1331,
27 1337, 1343 and 1345. This action is authorizedand instituted pursuant to Section 706 (f)(l)
28

1 of the Civil Rights Act of 1964 as amended, (“Title VII”), 42 U.S.C. § 2000e(f)(l) and (3),

2 and pursuant to Section 102 of the Civil Rights Act of 1991, 142 U.S.C. § 1981a.

3

2. The employment practices alleged below to be unlawful were

4 committed within the jurisdiction of the United States District Court for the District of

5 Arizona.

6

3. Plaintiff-Intervener Marlene Wight at all times was a resident of

7 Maricopa County, Arizona.

8

4. Upon information and belief, at all relevant times to this action,

9 Sunwest Federal has been doing business in the State of Arizona.

10

5. At all times relevant, Sunwest Federal has continuously had at

11 least 15 employees.

12

6. At all relevant times to this action, Sunwest Federal has

13 continuously been an employer engaged in an industry affecting commerce with the meaning

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

15

GENERAL ALLEGATIONS

16

7. Plaintiff, Marlene Wight, is a member of a protected class, female, and,

17 at all times relevant was an “employee” of Sunwest Federal within the meaning of Title VII.

18

8. At all times relevant, Sunwest Federal was Plaintiff’s “employer”

19 within the meaning of Title VII.

20

9. Plaintiff was employed by Sunwest Federal for approximately 22

21 years and in approxim ately 1998 was prom oted to the position of m anager of business

22 development.

23

10. In or about January 2004, Plaintiff began to be supervised by the

24 Sunwest Federal Marketing Director, Kiloh Smith.

25

11. Shortly thereafter, Plaintiff and other fem ale employees became the

26 victim of a continuous and ongoing, sexually hostile work environment at the hands of Mr.

27

28

2

1 Smith.

2

12. Plaintiff complained to upper management of Sunwest Federal

3 regarding Mr. Smith’s behavior directed not only at her but also at other fe male Sunwest

4 Federal employees.

5

13. The unlawful and prohibited employment practices on the part of Kiloh

6 Smith and Defendant, Sunwest Fe deral, were continuous, ongoing and pervasive and

7 consisted of, but were not limited to, the following:

8

(a)

Leering and touching fem ale employees without their

9

consent;

10

(b)

Referring to women and Plaintiff as “bitches;”

11

(c)

Mr. Smith telling fem ale employees that he was a “babe

12

magnet,” constantly referring to him self as such in the

13

presence of female employees and engaging in behavior that

14

can best be described as “sexual grooming”; and

15

(d)

yelling at, demeaning and intim idating female employees

16

including Plaintiff.

17

14. When Plaintiff complained to upper management regarding Mr. Smith’s

18 behavior, she was sim ply told to “deal with it.” S unwest Federal failed to conduct any

19 investigation into Plaintiff’scharges of a sexually hostile work environment and Plaintiff was

20 forced to continue to endure Mr. Sm ith’s unlawful and abusive behavior on a daily basis.

21

15. In or about May 2004 and after having complained about Mr. Smith’s

22 behavior, Plaintiff was presented with a new job description and a significant increase in her

23 job duties and responsibilities. Unrealistic and unreasonable performance goals were set by

24 Defendant. These and other unlawful employment practices by Mr. Smith and upper level

25 management at Sunwest Federa l continued which included, but was not lim ited to:

26

27

28

3

1

(a)

demanding that Plaintiff m eet the unrealistic perform ance

2

goals established solely for her;

3

(b)

placing Plaintiff on an unjustified probationary status,

4

increasing surveillance and monitoring her activities;

5

(c)

continuing the harassing and offensive behavior outlined

6

above;

7

(d)

threatening Plaintiff with immediate termination;

8

(e)

giving Plaintiff unwarranted discipline and ultim ately

9

discharging her effective August 31, 2004;

10

16. At all times relevant, Kiloh Smith was acting as an agent and employee

11 of Sunwest Federal within the course and scope of his em ployment or unde r such

12 circumstances as to make Sunwest Federal vicariously liable for his acts and om ission as

13 described herein.

14

17. The unlawful and prohibited employment practices set forth above were

15 intentional, done with malice or with a reckless indifference to the federally protected rights

16 of Plaintiff so as to justify an award of both compensatory and punitive damages.

17

18

COUNT I

(Violation of Title VII-Discrimination)

19

Plaintiff repeats and realleges each of the previous paragraphs as though set

20

forth fully herein.

21

18. Title VII of the Civil Rights Act of 1964, as am ended, 42 U.S.C. 42

22

U.S.C. § 2000e-2(a)(1) provides, in pertinent part, that it shall be an unlawful employment

23

practice for an employer:

24

to . . . discharge . . . or otherwise discriminate against any

25

individual with respect to his com pensation, terms,

conditions, or privileges of employment because of such

26

individual’s race, color, religion, sex or national origin.

27

28

4

1

19. Defendant, Sunwest Federal, has unlawfully discrim inated against

2 Plaintiff and other fem ale employees by ignoring and allowing the perva sive sexual

3 harassment by Kiloh Sm ith as set forth herein to continue unabate d and by creating and

4 allowing to continue a hostile and intimidating work environment which substantially altered

5 the terms and conditions of Plaintiff’s employment with Sunwest Federal.

6

20. At all times relevant, Sunwest Federal did not have a policy in place

7 prohibiting sexual harassm ent in the workplace or, alternatively, it failed to properly

8 investigate complaints of allege sexual harassment and/or failed to effectively enforce any

9 policy that may have been in place in orderto eliminate sexual harassment and retaliation in

10 the workplace.

11

21. By virtue of the foregoing violations of Title VII allege herein, Plaintiff

12 has been damaged, has suffered both economic and non-economic loss and is entitled to back

13 pay with interest thereon, front pay, lost past and future em ployee benefits with interest

14 thereon, damages for em otional distress and m ental anguish, other equitable relief and

15 compensatory damages recoverable pursuant to 42 U.S.C. § 2000e et. seq. and 42 U.S.C. §

16 1981a. Plaintiff is also entitled to an award of punitive daamges together with her reasonable

17 attorney fees and costs pursuant to 42 U.S.C. § 1988 (b).

18

19

COUNT II

(Violation of Title VII-Retaliation)

20

Plaintiff repeats and realleges each of the previous paragraphs as though set

21

forth fully herein.

22

22. Title VII of the Civil Rights Act of 1964, as am ended, 42 U.S.C. 42

23

U.S.C. § 2000e-3(a) provides, in pertinent part, that it shall be an unlawful em ployment

24

practice for an employer to:

25

discriminate against any of his employees . . . because he

26

has opposed any practice made an unlawful employment

practice by this subchapter, or because he has made a

27

28

5

1

charge, testified, assisted, or participated in any manner

in an investigation, proceeding, or hearing under this

2

subchapter.

3

23. As set forth above and described herein, Plaintiff was discrim inated

4 against and sexually harassed on the basis of her sex, female, and was then retaliated against

5 by Defendant and Kiloh Sm ith for opposing Mr. Sm ith’s and De fendants’ unlawful

6 employment practices after she m ade internal complaints about these practices to various

7 management personnel within Sunwest Federal.

8

24. As set forth above and described herein, Plaintiff was further retaliated

9 against by Defendant for having made complaints internally and was ultimately terminated

10 from her employment by Defendant.

11

25. By virtue of the foregoing violations of Title VII allege herein, Plaintiff

12 has been damaged, has suffered both economic and non-economic loss and is entitled to back

13 pay with interest thereon, front pay, lost past and future em ployee benefits with interest

14 thereon, damages for em otional distress and m ental anguish, other equitable relief and

15 compensatory damages recoverable pursuant to 42 U.S.C. § 2000e et. seq. and 42 U.S.C. §

16 1981a. Plaintiff is also entitled to an award of punitive daamges together with her reasonable

17 attorney fees and costs pursuant to 42 U.S.C. § 1988 (b).

18

WHEREFORE, Plaintiff prays for the following relief against the Defendant:

19

A. A declaration that Defendant, Sunwest Federal Credit Union, committed

20 unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, as

21 amended;

22

B. An award of back pay with interest thereon, front pay, lost past and

23 future employee benefits with interest thereon, damages for emotional distress and mental

24 anguish, other equitable relief and all c ompensatory and punitive dam ages recoverable

25 pursuant to 42 U.S.C. § 2000e et. seq. and 42 U.S.C. § 1981a;

26

C. An award of attorneys’ fees and costs against the Defendant; and

27

28

6

1

D. Such other and further relief as the Court deems appropriate.

2

3

A JURY TRIAL IS REQUESTED ON ALL ISSUES ENUMERATED IN

4 THE COMPLAINT PURS UANT TO RULE 38 OF THE FEDERAL RULES OF

5 CIVIL PROCEDURES AND 42 U.S.C. § 1981(a)(c).

6

7

Dated this 29th day of November, 2006.

8

9

MARTIN & BONNETT, P.L.L.C.

10

11

By: s/Daniel L. Bonnett

12

Daniel L. Bonnett

Susan Martin

13

Jennifer L. Kroll

Attorneys for Plaintiff

14

3300 North Central Avenue

Suite 1720

15

Phoenix, AZ 85012

(602) 240-6900

16

17

18

19

20

21

22

23

24

25

26

27

28

7

1

2

CERTIFICATE OF SERVICE

3 I hereby certify tha t on Novem ber 29, 2006, I electronically transm itted the attached document to the Clerk' s Office using the CM/ECF System for filing and transm ittal of a
4 Notice of Electronic Filing to the following CM/ECF registrants:

5 Robert Kendall Jones Dawn Christel Valdivia
6 Quarles & Brady Streich Lan LLP 1 Renaissance Square
7 2 N. Central Ave. Phoenix, AZ 85004-2391
8

9 Michelle G. Marshall EEOC
10 3300 N. Central Ave. Suite 690 Phoenix, AZ 85012-1848
11

12 Mary Joleen O’Neill EEOC
13 3300 N. Central Ave. Suite 690 Phoenix, AZ 85012-1848
14

15 Sally Clifford Shanley EEOC
16 3300 N. Central Ave. Suite 690 Phoenix, AZ 85012-1848
17

18

19 s/T. Mahabir

20

21

22

23

24

25

26

27

28

8

 
 ..

Mary Jo O'Neill, AZ Bar No. 005294

Sally C. Shanley, AZ BarNo. 012251

Michelle O. Marshall, AZ Bar No. 017358 2 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION, Phoenix District Office 3 3300 North Central Avenue, Suite 690

Phoenix, Arizona 85012-2504 4 Telephone: (602) 640-5020

Fax: (602) 640-5009 5 E-Mail: mary.oneill(il{eeoc.gov

sally.shanley@eeoc.gov

6

michelle.marshall@eeoc.gov

7 Attorneys for Plaintiff

8
UNITED STATES DISTRICT COURT
9
DISTRICT OF ARIZONA
10

11 EQUAL EMPLOYMENT 12 OPPORTUNITY COMMISSION,

13

Plaintiff,

vs.

14

SUNWEST FEDERAL CREDIT UNION, 15 a federally chartered credit union,

16

Defendants.

17

Case No. CV06-2284-PHX-SRB CONSENT DECREE

18
The United States Equal Employment Opportunity Commission (th
19
20 "Commission" or "EEOC") filed this action against SunWest Federal Credit Unio ("SunWest" or "Defendant") to enforce Title VII of the Civil Rights Act of 1964, 4
21
U.S.C. § 2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.c. § 1981a
22
In its Complaint, the Commission alleged Defendant discriminated against Marlen
23
Wight and a class of women by subjecting them to sexual and gender-based harassment.
24
The Commission further alleged that Defendant discriminated against Ms. Wight i
25
retaliation for complaining about the harassment by further harassing and the
26
terminating her. Ms. Wight moved to intervene as a plaintiff in this case on Novembe
27
29,2006. The Court granted leave for Ms. Wight to intervene on December 21,2006.
28

QBPHX\2118082.2

SunWest denied, and continues to deny, that it discriminated against Ms. Wigh
2 and/or a class of women by subjecting them to sexual and gender-based harassment.
3 SunWest also denied, and continues to deny, that it discriminated against Ms. Wight i
4 retaliation for complaining about harassment. Notwithstanding the foregoing, SunWes
desires to resolve this matter in a cost-effective and efficient manner, and has agreed t
5
enter into this Consent Decree.
6
The parties do not object to the jurisdiction of the Court over this action and waiv
7
their rights to a hearing and the entry of findings of fact and conclusions of law. In th
8
interest of resolving this matter and as a result of having engaged in comprehensiv
9
settlement negotiations, the parties have agreed that this action should be finally resolve
10
by entry of this Decree.
11
It is hereby ORDERED, ADJUDGED, andDECREED:
12
1. This Decree resolves all claims of the Commission and Ms. Wight and an.
13
alleged class member against Defendant, including, but not limited to, back pay
14
compensatory and punitive damages, interest, injunctive relief, and attorney's fees an
15
costs arising out of the issues in this lawsuit.
16
INJUNCTION
17
2. Defendant, and its officers, agents, employees, successors, and assigns, ar
18
permanently enjoined for the duration of the decree from (a) sexually harassing an
19
SunWest employee and (b) retaliating against any SunWest employee because he or sh
20
(i) opposed discriminatory practices made unlawful by Title VII, (ii) filed a charge or i
21
assisting or participating in the filing of a charge of sexual harassment, or (iii) assisted 0
22
participated in an investigation or proceeding brought under Title VII.
23
MONETARY RELIEF
24
3. Judgment is entered in favor of the Commission and Ms. Wight and agains
25
Defendant in the amount of Two Hundred Fifty Thousand dollars ($250,000). Defendan 26 shall pay the gross sum of $250,000 to be distributed among Ms. Wight and the identifie 27 class member as set forth in Attachment A. The $250,000 is to be paid to the individual
28
2
QBPHX\2118082.4

--- ------ - - - - - - - - -

in Attachment A within six business days after the Parties receive notice that this Consen

2 Decree has been entered by the Court.

3

4. In accordance with the distribution set forth in Attachment A, Defendan

4 shall pay $31,100.84 of the total amount owed to Ms. Wight directly to the law firm 0

Martin & Bonnett, PLLC in settlement of Ms. Wight's attorneys' fees.
5

5. Defendant shall pay the settlement amount separately to each class membe
6

by check, cashier's check, or money order, in accordance with Paragraph Six of thi
7

Decree. Except as otherwise designated, these payments represent settlement 0
8
compensatory damages. The Defendant will issue IRS 1099 forms for all payments
9
except that portion designated as wages, for which it will issue Ms. Wight IRS Form W
10
2.
11
6. The checks provided for in Paragraph Five of this Decree shall be maile
12
directly by Defendant to each class member at the addresses supplied by the Commission.
13
Within three business days of issuance of the checks, Defendant shall submit a copy 0
14
each check and related correspondence to the Regional Attorney, Equal Employmen
15
Opportunity Commission, 3300 N. Central Avenue, Suite 690, Phoenix, Arizona 85012
16
Defendant shall also submit to the Regional Attorney a copy of each recipient's cancele
17
check within ten business days of the cancellation of the check.
18
OTHER RELIEF
19
7. Defendant shall expunge from the personnel files of each class member al
20
references to the charges of discrimination filed against Defendant or their participatio
21
in this action, derogatory documents that relate to complaints, or investigation 0
22
complaints of sexual harassment, including, but not limited to, expunging Ms. Wight'
23
termination and noting in all personnel records that her departure was a voluntar

24
resignation effective August 31, 2004.

25

8. Defendant shall provide each class member in Attachment A with

26 positive written employment reference and shall provide dates of employment

27
position(s) held, and salary information when references are requested by the prospectiv

28 employer of a class member in Attachment A.

3

QBPHx\2118082,4

9. Defendant shall institute and carry out policies and practices that hel

2 assure a work environment free from sexual harassment of its employees and that allo

3 employees to raise concerns or complaints without retaliation about matters, whethe

alleged, perceived, or actual, made unlawful by Title VII. To assist Defendant in i
4

efforts to assure a work environment free of sexual harassment and retaliation, Defendan
5

shall take the actions provided in Paragraphs Ten through Twenty-One of this Decree.
6

DEFENDANT'S CORRECTIVE POLICIES AND PRACTICES
7

10. Defendant shall post for the duration of this Decree, in a prominent plac
8
frequented by its employees at its facilities, the notice attached as Attachment B.
9
notice shall be the same type, style, and size as Attachment B.
10
11. Defendant shall provide training on sexual/gender harassment an
11
retaliation, according to the following terms:
12
A. Defendant shall retain and pay for a consultant/lecturer who shal
13
provide consultation and training for a period of two (2) years from the date of thi
14
Decree. During each of the next two years, the consultant/lecturer shall conduct one liv
15
seminar training session each year. Defendant has identified Ginny McMinn, McMi
16
HR as its consultant/trainer. If Ms. McMinn is not available, Defendant will obtain th
17
EEOC's approval for a replacement. The live session in year one shall be for tapin
18
purposes and the live sessions in year two will be for executives and top management.

19
All Defendant employees shall attend the seminar session or the videotaped showing 0

20
the live session in each of the two years. Defendant may, at its election, have duplicativ

21
videotaped sessions to accommodate staffing needs. Defendant shall be responsible fo

22
any additional costs to provide such duplicative sessions. Ms. McMinn and/or th

23
Outside Consultant identified in Paragraph Thirteen of this Decree will attend and hel

24
facilitate the videotaped sessions.

25

B. During the first year, 2007, the seminar-training session shall b

26 conducted within four (4) months of the entry of this Decree. For the second year, th

27 seminar-training session shall be conducted between ten (10) and thirteen (13) month

28 after the completion of the preceding session.

4

QBPHX\2118082.4

C. The seminar-training sessions shall be no less than ninety (90
2 minutes, plus fifteen (15) to thirty (30) minutes of questions and answers. All personne
3 designated in Paragraph Eleven-A, shall both register and attend the seminar-trainin
4 session. The registry of attendance shall be retained by Defendant for the duration of th Decree.
5
D. The seminars shall include the subject of what constitutes sexua
6
harassment and retaliation; that sexual harassment and retaliation in the hiring, firing
7
compensation, assignment, or other terms, conditions, or privileges of employment
8
violates Title VII; how to prevent sexual harassment and retaliation; how to provide
9
work environment free from sexual harassment and retaliation; and to whom and by wha
10
means employees may complain if they feel they have been subjected to sexual or gende
11
harassment or retaliation in the workplace, including to whom and by what mean
12
employees may complain if they feel that an officer, executive, or Board Member of th
13
company is or has subjected them to sexual or gender harassment or retaliation. Th
14
session shall also review and explain Defendant's policies set out in Paragraph Fifteen 0
15
this Decree.
16
E. During the live training session, Defendant's CEO shall speak to th
17
employees about the discipline that can be taken against officers, supervisors, managers
18
and employees of Defendant who commit acts of sexual or gender harassment 0
19
retaliation or allow sexual or gender harassment or retaliation to occur in the workplace
20
the importance of maintaining an environment free of sexual or gender harassment an
21
retaliation, and Defendant's policy in regard to sexual or gender harassment an
22
retaliation referred to in Paragraph Fifteen of this Decree.
23
12. The Commission, at its discretion, may designate Commissio
24
representatives to attend and participate in the seminar-training sessions, and th
25
representatives shall have the right to attend and fully participate in the sessions. Th 26 EEOC will provide Defendant reasonable notice of its intent to attend the trainin 27 session.
28
5
QBPHX\2118082.4

13. Defendant shall retain for the duration of this Consent Decree
2 organization or person(s) external to Defendant (the "Outside Consultant") as a
3 alternative source to receive and forward complaints of discrimination from
employees.
4
14. Defendant shall hire the Outside Consultant whose responsibilities shal
5
include but need not be limited to administration of this Consent Decree and acceptin
6
complaints from any other individuals who believe they have been subjected to sexual 0
7
gender harassment or retaliation. The Outside Consultant shall report directly t
8
Defendant's CEO and/or Board. This position shall be filled for duration of this Consen
9
Decree.
10
The Outside Consultant shall also be responsible for:
11
• Consulting with Defendant to assist Defendant in compliance with anti
12
discrimination laws; compliance with minimum standards under the EEO
13
Guidance: Vicarious Liability for Supervisory Harassment (June 1999); an
14
any other applicable guidance of guidelines of the EEOC; effectiveness 0
15
policies and procedures regarding sexual/gender harassment and retaliation'
16
effectiveness of training required under Paragraph Thirteen of this Consen
17
Decree;
18
• Certifying Defendant's compliance with this Consent Decree in each semi
19
annual report;
20
• Reviewing and consulting on any investigations of discrimination
21
harassment, or retaliation, unlawful under any laws enforced by the EEOC.
22
15. Within sixty (60) days of the entry of this decree, Defendant shall revise i
23
written policy concerning sexual/gender harassment and retaliation and shall submit th
24
policy for review to the Regional Attorney of the Phoenix District Office of the EEOC.
25
This written policy must include, at a minimum:
26
A. A strong and clear commitment to a workplace free of sexual/gende
27
discrimination and retaliation;
28
6
QBPHX\2118082,4

1

B. Clear and complete defmitions of sexual/gender harassment, bo

quid pro quo and environmental, and retaliation, with relevant examples;
2

C. A clear and strong encouragement of persons who believe they hav
3

been harassed or retaliated against to come forward;
4

D. A description of the consequences, up to and including termination
5
that will be imposed upon violators of the policy;
6
E. A promise of maximum feasible confidentiality for persons wh
7
believe that they have been harassed or retaliated against;
8
F. An assurance of non-retaliation for witnesses of sexual harassmen
9
and persons who believe they have been sexually harassed;
10
G. That sexual/gender harassment by all persons,
11
management officials, supervisors, vendors, suppliers, third parties, and customers i
12
prohibited and will not be tolerated;
13
H. The identification of specific individuals, internal and external t
14
Defendant, with their telephone numbers, to whom employees who have been harasse
15
on the basis of their sex or gender, or retaliated against, can report the problem, inc1udin
16
a written statement that the employee may report to designated persons outside thei
17
chain of management;
18
I. That employees are not to discuss sexual conduct andlor sexua
19
jokes while at work;
20
J. That no sexually-oriented materials or objects shall be brought 0
21
the premises of Defendant;
22
K. That physical contact between employees that may be construed a

23
sexual is prohibited on the premises of Defendant;
24
L. Assurances that Defendant will investigate sexual/gende
25
harassment and retaliation allegations promptly, fairly, reasonably, and effectively b

26 appropriate investigators and that appropriate corrective action will be taken b

27 Defendant to make victims whole and to eradicate the sexual/gender harassment an

28 retaliation.

7

QBPHX\2118082.4

These policies shall be transmitted by Defendant's CEO and distributed t

each current employee at the time of the first training conducted pursuant to Paragraph 11
2

above (within four (4) months of the entry of this Decree). These policies shall b
3

distributed to all new employees when hired and reissued to each employee once a yea
4

for the term of this Decree. These policies also shall be posted in a prominent plac
5

frequented by the employees.
6

16. For each supervisor who receives a complaint of sexual harassment, gende
7
discrimination, or retaliation, that supervisor's annual performance evaluation shal
8
address whether the supervisor handled such complaint(s) appropriately. The failure 0
9
such an employee to enforce the sexual harassment and anti-retaliation policy must resul
10
in disciplinary action.
11
17. Defendant shall promptly and appropriately investigate all complaints 0
12
sexual/gender harassment andlor retaliation. The investigation must include a finding 0
13
whether sexual/gender harassment andlor retaliation occurred or alternatively, that th
14
complaint could not be substantiated; a credibility assessment, if necessary; interviews 0
15
all potential victims and witnesses identified; and concurrent notes of the investigation
16
Defendant shall take immediate appropriate corrective action to make sexual/gende
17
harassment andlor retaliation victims whole, to discipline harassers and retaliators, and t
18
eradicate the sexual/gender harassment andlor retaliation. As part of Defendant'

19
investigation when any employee brings allegations of sexual/gender harassmentandlo
20
retaliation against Defendant's personnel, formal or informal, including but not limite
21
to, allegations regarding management officials, vendors, agents, employees, andlo
22
customers, Defendant will provide information to the complaining individual regardin

23
that person's right to report such allegations to the EEOC or the Arizona Civil Right

24
Division ("ACRD"), and provide the individual with contact information for the EEO

25 and ACRD.

26

18. Defendant shall not retain documents related to the investigation in any 0

27 the victims' personnel files. All disciplinary actions taken against employees fo

28 violation of Defendant's sexual/gender harassment andlor anti-retaliation policy will b

8

QBPHX\2118082.4

retained in the harasser's personnel file. In those cases in which no conclusion could b

2 reached on the allegations, the investigation documents shall remain in the allege

harasser's personnel file.
3

19. Defendant shall inform its regular vendors and suppliers, includin
4

agencies providing temporary employees, of its sexual/gender harassment andlor anti
5

retaliation policy and that failure to conform to the policy may result in prohibitions fro
6

conducting business with Defendant and on its premises.
7

REPORTING BY DEFENDANT AND ACCESS BY EEOC
8

20. Defendant shall report in writing and in affidavit form to the Regiona
9
Attorney of the Commission's Phoenix District Office at 3300 North Central Avenue
10

Suit 690, Phoenix, Arizona 85012, beginning six (6) months from the date of the entry 0
11
this Decree, and thereafter every six (6) months for the duration of the Decree, th
12
following information:
13
A. Any changes, modifications, revocations, or revisions to its policie
14
and procedures that concern or affect the subject of sexuaVgender harassment andlo
15
retaliation;
16
B. The registry of persons attending the seminar required in Paragrap
17
Eleven of this Decree and a list of personnel employed by Defendant on the day of th
18
seminar-training session;

19
C. Confirmation that (i) the Notice required in Paragraph Ten of thi
20
Decree was posted and the locations in which it was posted, (ii) the policies required i

21
Paragraph Fifteen of this Decree were posted and distributed to each current and ne

22
employee, and (iii) the expungement from the class members' personnel files required i

23
Paragraph Seven of this Decree took place, the date of the expungement, and the specifi

24
documents expunged; and

25

D. A copy of the revised policy required in Paragraph Fifteen of thi

26 Decree.

27

28

9

QBPHX\2118082.4

21. The Commission, upon reasonable notice, shall have the right to enter an

2 inspect Defendant's premises to ensure compliance with this Consent Decree and Titl

3 VII's prohibition of sexual/gender harassment and retaliation.

4

COSTS AND DURATION

22. Each party shall bear its costs and attorney's fees incurred as a result ofthi
5

action through the filing of this Decree, except as expressly provided herein.
6

23. The duration of this Decree shall be two (2) years from its entry.
7

Court shall retain jurisdiction over this action for the duration of the Decree.
8
A. In the event the Commission believes that Defendant
9
compliance with any term of this Decree, the Commission will provide Defendant with
10
written notice of the alleged non-compliance and give Defendant thirty (30) days .
11
which to cure the alleged non-compliance, if curable, or to convince the Commission tha
12
Defendant is in compliance with the Decree. If Defendant fails to cure the alleged non
13
compliance or convince the Commission that it is in compliance within the thirty (30) da
14
cure period, the Commission may petition the Court for compliance with this Decree.
15
Should the Court determine that Defendant has not complied with this Decree
16
appropriate relief, including extension of this Decree for such a period as may b
17
necessary to remedy Defendant's non-compliance, may be ordered. This Decree shal
18
expire by its own terms at the end of twenty-four (24) months from the date of entry
19
without further action by the parties.
20

21

24. The Parties' intent in entering this Consent Decree is to allow only th

22 EEOC and the Plaintiff Intervenor the right to and/or ability to petition the Court fo

23 compliance with and/or enforcement of the terms of this Decree, as set forth in Paragrap

24 23. 25. The parties agree to entry of this Consent Decree and judgment subject t
25
final approval by the Court.
26

27

28

10

QBPHX\2118082.4

' b ENTERED AND ORDERED this II day of

e..L

,200'!:-.

2

3

4
onorable Susan R. Bo ton

5

United States District Judge

6
APPROVED AND CONSENTED TO:
7
SUNWEST FEDERAL CREDIT 8 UNION
9
10
11
12

GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507

13 14

15
16
17 R ERT K. JONES 18 DAWN C. VALDIVIA
DEANNA R. RADER
19
20 QUARLES & BRADY LLP One Renaissance Square
21 Two North Central Avenue 22 Phoenix, AZ 85004-2391
Telephone (602) 229-5375 23 Attorneys for Defendant SunWest 24 Federal Credit Union

j . ~~, '--;?' ~ ,~ 2-g-L//<'?Jd'"-~- .1o//
SALLY C. SHANLEY MICHELLE G. MARSHALL Trial Attorneys
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone (602) 640-5046 Attorneys for Plaintiff

25 26 27

28

11

QBPHX\2118082.4

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
QBPHX\2118082.4

~~
DANIEL L. BONNETT JENNIFER L. KROLL MARTIN & BONNETT PLLC 3300 N. Central Avenue, Suite 1720 Phoenix, AZ 85012-2517 Telephone (602) 240-6900 Attorneys for Plaintiff-Intervener Marlene Wight
12

CLASS MEMBER NAME I.Marlene Wight
2. Kelly Kenny TOTAL

ATTACHMENT A
AMOUNT $ 230,000 ($100,000 of which is allocated as compensatory damages for physical pain and suffering and mental anguish associated with emotional distress; $130,000 of which is allocated as backpay and is considered taxable as wages). Defendant will subtract $31,100.84 of the $130,000 in backpay and will pay this sum directly to the law firm of Martin & Bonnett, PLLC in settlement of Ms. Wight's attorneys' fees.) $ 20,000 (all of which is allocated as compensatory damages for physical pain and suffering and mental anguish associated with emotional distress.) $250,000

QBPHX\2118476.1

ATTACHMENT B
NOTICE TO ALL EMPLOYEES OF SUNWEST FEDERAL CREDIT UNION
It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of sex in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Arizona Civil Rights Division (ACRD).
An employer shall not discriminate against any employee on the basis of sex, and shall not retaliate against any employee for complaining about discrimination.
If you believe you have been discriminated against or retaliated against, we encourage you to report such conduct to any SunWest manager or supervisor, or to Human Resources. You also have the right to seek assistance from:
(1) EEOC 3300 North Central Ave., Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5000 TTY: (602) 640-5072 Website (national): www.eeoc.gov; or
(2) Arizona Civil Rights Division (ACRD) Attorney General's Office 1275 W. Washington Phoenix, Arizona, 85007 (602) 255-5263.
You have the right to file a charge with the EEOC or ACRD if you believe you are being discriminated against or retaliated against.
QBPHX\2118089.2

ATTACHMENT B
No Retaliation Clause. It is against the law for any action to be taken against you by any supervisory or management official for: (1) opposing discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact any SunWest manager or supervisor, or Human Resources. You also have the right to contact the EEOC or the ACRD to file a charge of retaliation at the addresses or telephone numbers listed above.
QBPHX\2118089.2

 
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U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:06-cv-02284-SRB

CLOSED, STD

Equal Employment Opportunity Commission v. Sunwest Federal Credit Union Assigned to: Judge Susan R Bolton Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/22/2006 Date Terminated: 12/12/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle G Marshall EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5020 Fax: 602-640-5009 Email: michelle.marshall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff Marlene Wight
V. Defendant Sunwest Federal Credit Union a Federally Chartered Credit Union
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represented by Daniel Lee Bonnett Martin & Bonnett PLLC 3300 N Central Ave Ste 1720 Phoenix, AZ 85012 602-240-6900 Fax: 602-240-2345 Email: dbonnett@martinbonnett.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert Kendall Jones Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5496 Fax: 602-420-5076 Email: rjones@quarles.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dawn Christel Valdivia Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5291 Fax: 602-420-5092 Email: dvaldivi@quarles.com ATTORNEY TO BE NOTICED
Deanna Rae Rader Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5200 Fax: 602-229-5690 Email: drader@quarles.com ATTORNEY TO BE NOTICED
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Date Filed 09/22/2006 09/22/2006
09/25/2006 11/07/2006 11/08/2006 11/08/2006 11/08/2006 11/08/2006 11/13/2006
11/27/2006 11/27/2006 11/28/2006
11/29/2006 11/30/2006

# Docket Text
1 COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Marshall, Michelle) (Entered: 09/22/2006)
2 This case has been assigned to the Honorable Susan R. Bolton. All future pleadings or documents should bear the correct case number: CV06-2284-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (HIH) (Entered: 09/25/2006)
3 Summons Issued as to Sunwest Federal Credit Union. (HIH) (Entered: 09/25/2006)
4 NOTICE of Appearance by Dawn Christel Valdivia on behalf of Sunwest Federal Credit Union (Valdivia, Dawn) Modified on 11/8/2006 (LSP) DOCUMENT IS UNSIGNED, ATTORNEY NOTICED TO REFILE. (Entered: 11/07/2006)
5 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT or Otherwise Defend by Sunwest Federal Credit Union. (Valdivia, Dawn) (Entered: 11/08/2006)
6 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Sunwest Federal Credit Union served on 11/1/2006, answer due 11/21/2006. (Marshall, Michelle) (Entered: 11/08/2006)
7 NOTICE TO FILER OF DEFICIENCY re 4 Notice of Appearance filed by Sunwest Federal Credit Union. Description of deficiency: Document does not contain a signature. (LSP) (Entered: 11/08/2006)
8 NOTICE of Appearance by Dawn Christel Valdivia on behalf of Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 11/08/2006)
9 ORDER re 5 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT < That dft may have an extension of time until 11/27/06, in which to file its answer or otherwise defend this action. Sunwest Federal Credit Union answer due 11/27/2006. Signed by Judge Susan R Bolton on 11/13/06. (KMG, ) (Entered: 11/13/2006)
10 NOTICE of Appearance by Dawn Christel Valdivia on behalf of Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 11/27/2006)
11 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT or Otherwise Defend by Sunwest Federal Credit Union. (Valdivia, Dawn) (Entered: 11/27/2006)
12 ORDER that Dft may have an extension of time until January 17, 2007, in which to file its answer or otherwise defend this action. Sunwest Federal Credit Union answer due 1/17/2007. Signed by Judge Susan R Bolton on 11/28/06. (KMG, ) (Entered: 11/28/2006)
13 MOTION to Intervene as a Plaintiff by Daniel L. Bonnett. (Attachments: # 1)(Bonnett, Daniel) Modified on 11/30/2006 (TLJ). DOCUMENT FILED WITH INCORRECT CASE CAPTION. (Entered: 11/29/2006)
14 NOTICE TO FILER OF DEFICIENCY re 13 MOTION to Intervene as a Plaintiff filed by Daniel L. Bonnett. Description of deficiency: Incorrect case caption. (TLJ) (Entered:

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12/12/2006 12/13/2006
12/18/2006 12/21/2006 01/04/2007 01/05/2007 01/05/2007 01/26/2007 01/26/2007 02/12/2007 03/14/2007 03/20/2007 03/26/2007 03/27/2007
03/30/2007 03/30/2007

11/30/2006)
15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Sunwest Federal Credit Union. (Valdivia, Dawn) (Entered: 12/12/2006)
16 ORDER granting stipulation to extend time for dft to answer or otherwise defend this action; ORDERED that dft may have an extension of time until 1/26/07 in which to file its answer or otherwise defend this action. Signed by Judge Susan R Bolton on 12/13/2006. (LAD, ) (Entered: 12/13/2006)
17 Notice re No Opposition to Motion to Intervene Filed by Marlene Wight by Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 12/18/2006)
18 ORDER granting Marlene Wight's 13 Motion to Intervene as a pla in this action to pursue her claims against dft, Sunwest Federal Credit Union. Signed by Judge Susan R Bolton on 12/21/2006.(LAD) (Entered: 12/21/2006)
19 STIPULATION for Extension of Time to File Answer or Otherwise Defend by Sunwest Federal Credit Union. (Valdivia, Dawn) (Entered: 01/04/2007)
20 Notice re Law Firm Name Change by Sunwest Federal Credit Union (Jones, Robert) (Entered: 01/05/2007)
21 ORDER granting 19 STIPULATION; ORDERED that dft may have an extension of time until 1/26/07 in which to file its answer or otherwise defend this action. Signed by Judge Susan R Bolton on 1/5/2007. (LAD, ) (Entered: 01/05/2007)
22 ANSWER to Complaint of Plaintiff-Intervener by Sunwest Federal Credit Union.(Rader, Deanna) (Entered: 01/26/2007)
23 ANSWER to Complaint of Equal Employment Opportunity Commission by Sunwest Federal Credit Union.(Rader, Deanna) (Entered: 01/26/2007)
24 ORDER: Scheduling Conference set for 3/26/2007 11:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 2/12/2007. (LAD) (Entered: 02/12/2007)
25 Notice re Notice of Service by Sunwest Federal Credit Union (Rader, Deanna) (Entered: 03/14/2007)
26 REPORT re: Rule 26(f) Planning Meeting by Sunwest Federal Credit Union. (Rader, Deanna) (Entered: 03/20/2007)
27 Minute Entry. Proceedings held before Judge Susan R Bolton: Scheduling Conference held on 3/26/07. (Court Reporter Kim Moll)(MAW) (Entered: 03/27/2007)
28 SCHEDULING ORDER: Discovery due by 12/31/2007,Dispositive motions due by 2/15/2008,Proposed Pretrial Order due by 6/16/2008, Final Pretrial Conference set for 6/23/2008 09:30 AM before Judge Susan R Bolton, Jury Trial set for 7/8/2008 09:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 3/27/2007. (LAD) (Entered: 03/27/2007)
29 Notice re Service of Plaintiff-Intervener's Initial Disclosures by Marlene Wight (Bonnett, Daniel) (Entered: 03/30/2007)
30 Notice re Service of Intitial Rule 26(a)(1) Disclosures by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 03/30/2007)

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03/30/2007 04/18/2007 04/30/2007 05/03/2007
05/08/2007 05/10/2007 05/15/2007 06/07/2007
06/08/2007 06/11/2007 06/20/2007 06/22/2007 07/10/2007 07/18/2007 07/19/2007 07/24/2007

31 Notice re Notice of Service for Initial Rule 26(a)(1) Disclosure Statement by Sunwest Federal Credit Union (Rader, Deanna) (Entered: 03/30/2007)
32 Notice re Service of Response to First Request for Documents by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 04/18/2007)
33 MOTION in Limine re: To Exclude Evidence of Economic Damages by Sunwest Federal Credit Union. (Attachments: # 1 Exhibit Exhibits 1-3)(Rader, Deanna) (Entered: 04/30/2007)
34 ORDER denying 33 Defendant's Motion in Limine to Exclude Evidence of Economic Damages without prejudice as premature.The Court will not be considering what evidence will be admissible at trial until the issues remaining for trial are determined. Signed by Judge Susan R Bolton on 5/3/07.(MAW) (Entered: 05/03/2007)
35 Notice re Service of Second Set of Requests for Production by Sunwest Federal Credit Union (Rader, Deanna) (Entered: 05/08/2007)
36 Notice re Service of First Set of Requests for Production to Plaintiff-Intervener Marlene Wight by Sunwest Federal Credit Union (Rader, Deanna) (Entered: 05/10/2007)
37 Notice re Service of First Discovery Requests by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 05/15/2007)
38 NOTICE OF ERRATA re Answer 23 by Sunwest Federal Credit Union (Valdivia, Dawn) Modified on 6/8/2007 (LAD). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO NOTICE OF ERRATA. (Entered: 06/07/2007)
39 NOTICE TO FILER OF DEFICIENCY re 38 Other Notice filed by Sunwest Federal Credit Union. Description of deficiency: Incorrrect document type selected. Do not refile. See attached for details. (LAD) (Entered: 06/08/2007)
40 Notice re Notice of Service of Discovery by Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 06/11/2007)
41 Notice re Service of Discovery Responses to Defendant by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 06/20/2007)
42 Notice re Notice of Service-Pltfs Resp. to Def. First RFP by Marlene Wight (Bonnett, Daniel) (Entered: 06/22/2007)
43 NOTICE of Deposition of Marlene Wight, filed by Sunwest Federal Credit Union. (Valdivia, Dawn) (Entered: 07/10/2007)
44 Notice re Service of Discovery Response by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 07/18/2007)
45 Notice re of Service of Defendant's First Supplemental Responses to EEOC's First Set of Request for Production by Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 07/19/2007)
46 Notice re Service for First Supplemental Disclosure Statement by Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 07/24/2007)

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08/02/2007 08/03/2007
08/10/2007 12/10/2007 12/12/2007

47 STIPULATION For Extension of Time to Disclose Expert Witnesses by Sunwest Federal Credit Union. (Rader, Deanna) (Entered: 08/02/2007)
48 ORDER re 47 STIPULATION For Extension of Time to Disclose Expert Witnesses that the deadline for disclosure of expert witnesses is extended from August 3, 2007 to October 5, 2007. FURTHER ORDERED that the deadline for disclosure of rebuttal expert witnesses is extended from October 5, 2007 to November 16, 2007. Signed by Judge Susan R Bolton on 8/3/07. (KMG) (Entered: 08/03/2007)
49 Notice re Service of Discovery by Sunwest Federal Credit Union (Valdivia, Dawn) (Entered: 08/10/2007)
50 Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Marshall, Michelle) (Entered: 12/10/2007)
51 CONSENT DECREE that dft, and its officers, et al are permanently enjoined for the duration of the decree. Judgment is entered for plaintiff and class member for $250,000.00. Parties to bear their own attorney fees and costs. See order for other relief.. Signed by Judge Susan R Bolton on 12/11/07. (DMT, ) (Entered: 12/12/2007)

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03/18/2008 14:32:15

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wu0079

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Docket Report

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eeoc 2:06-cv-02284-SRB 0.24

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