• Case 2:04-cv-04762-SJO-AJW

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•Filed 08/10/2005

Page 1 of 25

,
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a Y. Park, SBN 164242

herry-Marie D. Rojas, SBN 141482

2 ana C. Johnsop. SBN 187341

.S. EOUAL EMPLOYMENT

3 PPORIUNITY COMMISSION

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6 ttorneys for Plaintiff nited St~tes Equal. ElJ1ployment
7 pportumty Comnnsslon

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FILED

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c~y S. OISTP.!CT COURT

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AUG I 02005

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CENTRAL DISTRICT OF CALIFORNIA

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DEPUTY

8 orman J. Watkins", SBN 87327

. Frank Harrell,..SnN 133437

9 ivian O. Le,; SnN 210362

YNBERG 6l: WATKINS

10 Professional Corporation

33 City Boulevard Wes~ Suite 640

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range" California 928615-5915 714) 9j7-1010

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IVERSIFIED PARATRANSIT INC.

(.!)14 AUL'S YELLOW CAB d/b/a YELLOW CAB,

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d INLANID EXPRESS, INC.

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UNITED STATES DISTRICT COURT

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E0U~E'EMPLOYMENT

20 O'PPORTUNITY COMMISSION,

21

Plaintiff,

CASE NO.: CV-04-4762-SJO(AJWx) CONSENT DECREE AND [PROPOSED] ORDER

22 v.

23 DIVERSIFIED PARATRANSIT, INC., PAUL'S YELLOW CAB
24 d/b/a Yellow Cab, AND INLAND EXPRESS, INC.; and DOES 1-10
25 InClusively,

26

Defendants

27

28

• Case 2:04-cv-04762-SJO-AJW

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1

I. INTRODUCTION

2

On May 12,2004, Plaintiff U.S. Equal Employment Opportunity

I .l I J

3 Commission (the "EEOC" or "Commission") brought this action against

4 Defendants Diversified Paratransit, Inc., Paul's Yellow Cab d/bla Yellow Cab,

5 and Inland Express, Inc. (collectively "Defendants") to enforce Title VII of the

6 Civil Rights Act of 1964, as amended. In the Complaint, the Commission alleged

7 that Defendants discriminated against Shunne Johnson and similarly situated

8 individuals by subjecting them to a racially and/or sexually hostile work

9 environment.

10

As a result of their having engaged in settlement negotiations, the

11 Commission and Defendants (collectively, the "Parties") have resolved the above

12 entitled action and have agreed that this action should be finally resolved by entry

13 ofthis Consent Decree ("Decree").

14

II. JURISDICTION

15

The Court has jurisdiction over the parties and the subject matter of this

16 lawsuit, pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, 1345, 1367 and

17 42 U.s.C. 2000e-5(t).

18

The Court shall retain jurisdiction of this action during the duration of the

19 Decree for the purposes of entering all orders, judgments and decrees which may

20 be necessary to implement and/or enforce the relief provided herein or to

21 otherwise effectuate the purposes of the Decree.

22

III. EFFECTIVE DATE AND DURATION OF DECREE

23

The provisions and agreements contained herein are effective immediately

24 upon the date on which this Decree is entered by the Court ("the Effective Date").

25

Except as otherwise provided herein, the Decree shall remain in effect for

26 five years after the Effective Date.

27 III

28 III

1

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1

IV. FINDINGS

2

Having examined the terms and provisions of this Decree and based on the [3

",, ,

3 pleadings, record and stipulation of the parties, the Court finds the following:: [:

t, J

4

A. The Court has jurisdiction over the parties and the subject matter of ()

5

this action. The Complaint asserts claims that, if proven, would

6

authorize the Court to grant the relief set forth in this Decree.

7

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

8

reasonable, equitable and just. The rights of Defendants, the

9

Commission and those for whom the Commission seeks relief are

10

protected adequately by this Decree.

11

C. This Decree conforms with the Federal Rules of Civil Procedure and

12

Title VII and is not in derogation of the rights and privileges of any

13

person. The entry of this Decree will further the objectives of Title

14

VII and will be in the best interest of Defendants, the Commission

15

and those for whom the Commission seeks relief.

16

V. RESOLUTION OF CLAIMS

17

This Decree fully and completely resolves all claims raised by the EEOC

18 against Defendants that are raised in the Complaint filed in this action in the

19 United States District Court, Central District of Califomia on June 30, 2004,

20 captioned U.S. Equal Employment Opportunity Commission v. Diversified

21 Paratransit. Inc., Paul's Yellow Cab d/b/a Yellow Cab. and Inland Express. Inc.,

22 Case No. CV-04-4762-SJO(AJWx) (the "Complaint").

23

Nothing in this Decree shall be construed to preclude the Commission from

24 moving to enforce this Decree in the event that any party hereto fails to perform

25 the promises and representations contained herein.

26

Nothing in this Decree shall be construed to limit or reduce Defendants'

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

28 III

2

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1

This Decree in no way prejudices the EEOC's right to bring, process,

2 investigate or litigate other charges that may be in existence or may later arise

3 against Defendants, or any of them, in accordance with standard EEOC

4 procedures.

5

VI. MODIFICATION AND SEVERABILITY

6

This Decree constitutes the complete understanding of the Parties with

7 respect to the matters contained herein. No waiver, modification or amendment

8 of any provision of this Decree will be effective unless made in writing and

9 signed by an authorized representative of each of the Parties.

10

If one or more provisions of the Decree are rendered unlawful or

11 unenforceable, the Parties shall make good faith efforts to agree upon appropriate

12 amendments to this Decree in order to effectuate the purposes of the Decree. The

13 remaining provisions will remain in full force and effect unless the purposes of

14 the Decree cannot, despite the Parties' best efforts, be achieved.

15

By mutual agreement of the Parties, this Decree may be amended or

16 modified in the interests ofjustice and fairness in order to effectuate the

17 provisions of the Decree.

18

VII. COMPLIANCE AND DISPUTE RESOLUTION

19

If the EEOC believes that Defendants, or any of them, have failed to

20 comply with any provision of the Decree, the EEOC may petition this Court to

21 enforce the Decree. Except where specifically provided (i.e., Paragraph IX,

22 regarding the monetary settlement), prior to initiating petition to enforce the

23 Decree, the EEOC will notify Defendants and their legal counsel of record, in

24 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

26 by either party that the delay will cause irreparable harm, Defendants shall have

27 thirty days to attempt to resolve or cure the breach.

28 III

3

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1

The Parties agree to cooperate with each other and use their best efforts to

2 resolve any dispute referenced in the EEOC notice.

3

After thirty (30) days have passed with no resolution or agreement to

4 extend the time further, the EEOC may petition the Court for compliance with the :

5 Decree, seeking all available relief, including, but not limited to, the imposition

6 of attorneys' fees and costs and an extension of the term of the Decree for such

7 period of time as Defendants, or any of them, are shown to be in breach of the

8 Decree.

9

VIII. INJUNCTIVE RELIEF

10

A. Injunction

11

1. Hostile Environment Based on Race and/or Sex

12

Defendants, their officers, agents, management (including all supervisory

13 employees), successors, assigns, and all those in active concert or participation

14 with them, or any of them, are enjoined for the duration of the Decree from: (a)

15 harassing or tolerating harassment against persons on the basis of sex andlor race;

16 (b) engaging or being a party to any action, policy or practice that is intended or

17 is known to them to have the effect of harassing any employee on the basis of sex

18 andlor race; and (c) creating, facilitating or permitting the existence of a work

19 environment that is hostile to women andlor African-Americans.

20

2. Retaliation

21

Defendants, their officers, agents, management (including all supervisory

22 employees), successors, assigns, and all those in active concert or participation

23 with them, or any of them, are enjoined for the duration of the Decree from

24 implementing or permitting any action, policy or practice which has the effect of

25 retaliating against any current or former employee because he or she has, in the

26 past or during the term of this Decree: (a) opposed any practice made unlawful

27 under Title VII; (b) filed a charge of discrimination alleging such practice; (c)

28 testified or participated in any manner in any investigation (including, without

4

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1 limitation, any internal investigation undertaken by Defendants, or any of them),

2

preceding in connection with this case and/or relating to any claim of a Title VII

[j:
.,

3 violation; (d) was identified as a possible witness or claimant in this action; (e) ;~ .

4 asserted any rights under the Decree; or (f) sought or received any relief in

5 accordance with the Decree.

6

B. Revision of Harassment Policies and Complaint Procedure

7

Within sixty (60) days of the Effective Date, Defendants shall revise their

8 employee handbooks and harassment policies to include an anti-harassment

9 policy the expressly addresses both sex and race harassment. Defendants shall

10 also develop a clear internal complaint procedure to expressly address

11 harassment, discrimination and retaliation complaints.

12

1. The anti-harassment policy shall, at a minimum, include:

13

a. A clear explanation of prohibited conduct including examples

14 involving race stereotyping;

15

b. A statement that it is unacceptable to retaliate against anyone for

16 bringing a complaint or participating in the investigation of a complaint; and

17

c. Assurances that members of the workforce who engage in

18 harassing, discriminatory and/or retaliatory conduct will be subjected to

19 appropriate discipline of, at a minimum, suspension without pay for a first

20 infraction, and discharge for any subsequent infractions.

21

2. The complaint procedure shall, at a minimum, include:

22

a.· A clearly described complaint process that provides accessible

23 avenues of complaint with contact information including name (if applicable),

24 address and telephone number of persons both internal (i.e. human resources) and

25 external to Diversified (i.e. the Commission) available to handle complaints of

26 discrimination, harassment and/or retaliation, including a written statement that

27 the employee may report the discriminatory behavior to designated persons

28 outside their chain of management;

5

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1

b. A statement that the employer will protect the confidentiality of

2 persons who bring harassment, discrimination and/or retaliation complaints to the (..;:

3 extent possible;

, .

( j

4

c. A statement that the complaint may, but need not be made in (. )

5 writing;

6

d. A statement that the complaint process will provide a prompt,

7 thorough, and impartial investigation;

8

e. A statement that the investigation will be conducted by someone

9 trained to conduct such investigations and who is not connected with the

10 complaint;

11

f. A statement that an investigation shall include interviews of all

12 identified witnesses, including the complainant, and a review of all relevant

13 documents;

14

g. A statement that the investigator will create a written record of all

15 investigatory steps, including complainant interview, witness interview, any

16 findings or conclusions reached and any action taken, which record the

17 complainant will be allowed to review and respond to prior to final resolution of

18 the complaint (except in those circumstances when it is necessary to take

19 immediate action);

20

h. A procedure for communicating with the complainant in writing

21 regarding the interim status of the complaint/investigation, results of the

22 investigation and any remedial action taken;

23

i. Notice that employees complaining of discrimination may use

24 both the company's internal complaint procedure and file charges with the EEOC.

25 The notice shall also state that filing an internal complaint with the company does

26 not discharge the obligation to file a discrimination charge with the EEOC within

27 300 days of a discriminatory, harassing or retaliatory act;

28 III

6

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1

j. A statement that ,all complaints will be collected and tracked to

2 determine if there are patterns of violations.

( )

3

The EEOC shall comment on the policy and complaint procedure within ;: .

" )
4 thirty (30) days of receipt. Should the policy and complaint procedure not require '" ,

5 any revision, Defendants shaH confirm distribution of the policy and complaint

6 procedure to their entire workforces no later than ten (l0) business days after the

7 EEOC's thirty (30) day period. The policy shall be distributed to all workers in

8 the workforce, including management and supervisory staff, and shall be included

9 in any relevant policy or employee manuals distributed to the workforce.

10 Defendants shall maintain written acknowledgments from each employee who

11 receives the revised policy and complaint procedure. On the date of distribution

12 to the workforce, Defendants shall also post the revised policy and complaint

13 procedure in a place that is clearly visible to all employees at each of its facilities.

14 The revised policy and complaint procedure shall remain posted throughout the

15 term of this Decree.

16

C. Performance Eyaluations

17

Within forty-five (45) days of the Effective Date, Defendants shall create

18 performance evaluation forms for mangers and supervisors in order to include

19 measures for performance compliance with Defendants' anti-discrimination, anti-

20 harassment and retaliation policies and complaint procedures. Evaluations shall

21 be given to managers and supervisors on an annual basis.

22

Within forty-five (45) days of the Effective Date, Defendants will provide

23 the EEOC with the proposed evaluation forms in order to provide an opportunity

24 for comment. EEOC will provide comments, if any, within 30 days of receipt of

25 the proposed evaluation forms. Defendants shall respond to such comments

26 within fifteen (15) days of receipt. If the parties cannot agree on the proposed

27 revisions, any disputes will be resolved according to the Dispute Resolution

28 Procedures set forth herein.

7

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D. Training

2

1. Selection of Trainer

t )
L )

"

3

Defendants shall retain a person or entity (the "Trainer") with demonstrated::

4 experience in the area of employment discrimination issues, including race

5 harassment and adequate complaint procedure issues, to provide the trainings

6 described below. The Trainer shall not be anyone employed by Defendants at or

7 before the Effective Date.

S

Within thirty (30) days of the Effective Date, which is the date that the

9 Court signs this Decree and Order, Defendants shall notify EEOC oftheir choice

10 of Trainer, and provide the EEOC with the Trainer's curriculum vitae, resume and

11 any other materials demonstrating the designated Trainer's qualifications,

12 Selection of the Trainer shall be subject to the EEOC's approvaL If the EEOC

13 does not approve Defendants' proposed Trainer, the EEOC shall provide

14 Defendants with a list of at least three candidates acceptable to the EEOC from

15 which Defendants must choose and retain one within fifteen (15) days of receipt

16 of the list If Defendants fail to select a Trainer within fifteen (15) days of the

17 EEOC providing its list of three candidates, then the EEOC will have the right to

18 select the Trainer, which Defendants shall retain no later than five (5) days after

19 receiving the EEOC's notice of its selection,

20

In the event that the Trainer becomes unavailable, Defendants shall

21 propose a replacement, subject to the EEOC's approval, as soon as possible, but

22 in any event, no later than 30 days after the previous Trainer becomes

23 unavailable. If the EEOC does not approve the proposed replacement Trainer, it

24 shall provide Defendants with a list of at least three suggested candidates

25 acceptable to the EEOC from which Defendants must choose and retain one

26 within fifteen days of receipt of the list.

27

Defendants shall bear all costs associated with the selection and retention

28 of the Trainer and the performance ofhislher/its duties.

8

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1

2. Training of Human Resources Personnel, Supervisors and

2

Managers

.l J

3 For the term of the Decree, Defendants shall provide annual training to all of;·

1,_ i
4 their human resources personnel, supervisors, managers and officers (including \' ,

5 but not limited to Brian Hunt and Victoria Arambel) on the prohibitions against

6 race harassment, sex harassment and retaliation under Title VII, which training

7 sessions shall last at least three (3) hours. The first such training shall take place

8 within ninety (90) days from the Effective Date.

9

3. Training of Non-Supervisory Employees

10

For the term of the Decree, Defendants shall provide annual training to all

11 of their stafflhourly employees, leased-back employees and independent

12 contractors on the subjects of equal employment opportunity rights and

13 responsibilities, discrimination, and retaliation, with an emphasis on racial and

14 sexual harassment and how those violations are similar and are different from one

15 another, which training shall last at least two (2) hours. The first such training

16 shall take place within ninety (90) days after the Effective Date.

17

All trainings for both (1) human resources personnel, supervisors,

18 managers and officers and (2) stafflhourly employees, leased-back employees and

19 independent contractors shall include discussion of the internal complaint

20 procedure. Training of human resources personnel, managers, supervisors and

21 officers shall additionally include training on how to properly handle and

22 investigate complaints of discrimination and/or harassment in a neutral manner,

23 how to take preventative and corrective measures, and how to recognize and

24 prevent discrimination and/or retaliation. The training of all human resources

25 personnel, managers, supervisors and officers shall also include instruction that

26 persons holding these positions have an independent responsibility to apprize the

27 President and Vice President if they witness any conduct which they believe

28 constitutes a possible violation of the anti-harassment policies.

9

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1

For the remainder of the term of the Decree, all new employees and all

2 employees recently promoted to a human resources, supervisory, managerial or

,: 1 I. J

3 officer position shall receive the appropriate training within thirty (30) days of

. ,

" -

I' j

4 hire or promotion.

I, )

S

All trainings for both (1) human resources personnel, supervisors,

6 managers and officers and (2) stafflhourly employees, leased-back employees and

7 independent contractors shall be mandatory. All employees shall verify their

8 annual attendance in writing by signing an attendance list, which lists Defendants

9 shall preserve for the term of the Decree. If any worker fails to attend a training,

10 Defendants shall provide a make-up training within thirty (30) days.

11

Within seventy-five (75) days after the Effective Date, Defendants shall

12 submit to the EEOC a description of the trainings to be provided and an outline of

13 the curriculum developed for the trainees.

14

4. Commission Attendance At Trainings

15

A Commission representative may attend any or all training sessions

16 conducted pursuant to Paragraph D, at the Commission's sole discretion.

17 Defendants shall provide the Commission with notice of all scheduled training

18 programs, including date, time and location, at least ten (10) workdays prior to

19 the scheduled training.

20

E. Posting

21

Within ten (10) business days after the Effective Date and throughout the

22 term of this Decree, Defendants, and each of them, shall post a full-sized copy of

23 the Notice attached hereto as Appendix A, in clearly visible locations frequented

24 by employees (e.g., breakrooms) at each of its facilities.

25

F. References

26

Defendants shall provide positive references to any prospective employer

27 who inquires with Defendants, or any of them, regarding the prior employment of

28 Shunne Johnson and/or Alisa Boatright.

10

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1

G. Record Keeping and Reporting

2

1. Record Keeping

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I.,
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3

Defendants shall establish a record-keeping procedure that provides for the :,;

( I

4 centralized tracking of harassment complaints or reports and the monitoring of \ 1

5 such complaints or reports. The records to be maintained shall include, at a

6 ITI1mmum:

7

a. All documents generated in connection with the bringing of,

8

investigation into, or resolution of every complaint or report of

9

which might reasonably contribute to the creation of a hostile

10

environment (including but not limited to sexual, sexist or racial

11

jokes, epithets or comments) and the identities of the persons

12

involved;

13

b. All documents generated in connection with the bringing of,

14

investigation into, or resolution of ever complaint or report of

15

retaliation and the identities of the persons involved;

16

c. All performance evaluations of managers and supervisors;

17

d. All revised harassment policies and complaint procedures, including

18

dates during which each version of the policies and procedures

19

were/are in effect;

20

e. All forms acknowledging employees' receipt of Defendants' revised

21

harassment policy and complaint procedure;

22

f. All documents verifYing the occurrence of all training sessions and

23

names and positions of all attendees ·for each session, as required

24

under this Decree;

25

g. Documents tracking and analyzing complaints filed against the same

26

individual; and

27

h. Documents tracking and analyzing complaints filed about

28

Occurrences at the same location.

11

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.!:

The foregoing documents shall be summarized in the senri-annual reports

2 set for the below.

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'

3

2. Reporting

4

Within thirty (30) days of the Effective Date, Defendants shall subnrit a

5 written report to the EEOC providing:

6

a. Confirmation of posting of the Notice; and

7

b. The name, business address, telephone number and qualifications of

8

the Trainer designated by Defendants.

9

Withing seventy-five (75) days ofthe Effective Date, Defendants shall

10 subnrit to the EEOC:

11

c. A description and outline of the curriculum developed for the

12

trainings to be provided;

\3

d.' The dates, times and locations for the upconring trainings;

14

e. The identity (including name, address, telephone number and

15

qualifications) of the person(s) who will conduct the trainings; and

16

f. Performance evaluation forms for managers and supervisors.

17

Within 90 days of the Effective Date, Defendants shall submit a written

18 report to the EEOC contain the following information:

19

g. A copy of the finalized performance evaluation form for managers

20

and supervisors;

21

h. A copy of Defendants' revised employee handbooks, harassment

22

policies and internal complaint procedure;

23

1. A summary of the procedures and record-keeping methods

24

developed with the Consultant for centralized tracking of

25

discrinrination complaints and the monitoring of such complaints;

26

j. A description of all harassment and/or retaliation complaints made

27

since the submission of the immediately preceding report hereunder.

28

This description shall include the identity (including name, address

12

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1

and telephone number) of the individuals alleging

2

harassment/retaliation, the nature of the harassment/retaliation

3

alleged, the persons alleged to have perpetrated the

4

harassment/retaliation, the dates of the alleged

5

harassment/retaliation, the identity (including name, address and

6

telephone number) of any witnesses identified in connection with the

7

complaint, a brief summary of how each complaint was resolved, and

8

the identity of the persons who investigated the complaint and/or

9

resolved the compliant, and a description of any disciplinary actions

10

taken. Ifno results have been reached at the time of the report, the

11

results shall be included in the next report; and

12

k. Confirmation that Defendants are in compliance with the provisions

13

of this Decree.

14

Defendants shall submit subsequent reports on a semi-annual basis

15 throughout the duration of the Decree, beginning 6 months from the Effective

16 Date, and. All subsequent reports shall contain the following information:

17

1. Acknowledgment of receipt of the revised harassment policy and

18

complaint procedure for all employees hired during the previous six

19

months;

20

m. A description of all harassment and/or retaliation complaints made

21

since the submission of the immediately preceding report hereunder.

22

This description shall include the identity (including name, address

23

and telephone number) of the individuals alleging

24

harassment/retaliation, the nature of the harassment/retaliation

25

alleged, the persons alleged to have perpetrated the

26

harassment/retaliation, the dates of the alleged

27

harassment/retaliation, the identity (including name, address and

28

telephone number) of any witnesses identified in connection with the

13

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complaint, a brief summary of how each complaint was resolved, and ,)

2

the identity of the persons who investigated the complaint and/or I J

, ,

3

resolved the complaint, and a description of any disciplinary actions '.

<, \

4

taken. If no results have been reached at the time of the report, the \. \

5

results shall be included in the next report;

6

n. An analysis of the monitoring done for repeat complaints;

7

o. If a training took place within the 6 months preceding the report,

8

Defendants shall provide the EEOC with (1) a confirmation that the

9

training took place; (2) the materials used during the training; (3) the

10

attendance records of the training; and (4) a list of all hiring officials,

11

supervisors and managers employed by Defendants at the time the

12

training took place; and

13

p. Defendants shall provide a report to the EEOC detailing any changes

14

of the procedures or record-keeping methods for centralized tracking

15

of harassment and/or retaliation complaints and the monitoring of

16

such complaints at least thirty (30) days before implementing such

17

changes.

18

For the duration of the Decree, Defendants agree to maintain such records

19 as are necessary to demonstrate their compliance with this Decree and to verify

20 that the reports submitted are accurate. Upon fifteen (15) work days written

21 notice from the Commission, Defendants shall make such records available to the

22 Commission for inspection and copying.

23

All reports shall be submitted to: Regional Attorney, Equal Employment

24 Opportunity Commission, Los Angeles District Office, 255 East Temple Street,

25 4th Floor, Los Angeles, California 90012.

26

IX. MONETARY RELIEF

27

Defendants shall pay a total of $90,000 (the "Johnson Settlement Amount")

28 to Shunne Johnson which constitutes compensatory damages for emotional

14

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distress allegedly suffered by Ms. Johnson in the form of personal injury.

2 Defendants shall pay $ 10,000 (the "Boatright Settlement Amount") to Alisa

3 Boatright which constitutes compensatory damages for emotional distress

\ i

4 allegedly suffered by Ms. Boatright in the form of personal injury. No

" ,

5 withholdings shall be made. Defendants shall prepare and distribute 1099 tax

6 reporting forms to both Ms. Johnson and Ms. Boatright, and shall make

7 appropriate reports to the Internal Revenue Service and any other applicable tax

8 authorities.

9

Commencing immediately after the Effective Date, Defendants shall, on the

10 first day of each month, for a period of sixteen (16) months mail via certified mail

11 checks made payable to Shunne Johnson in the amount of $5625.00 and to Alisa

12 Boatright in the amount of$625.00 to the addresses provided by the Commission.

13 At the same time, copies of each of the checks sent pursuant to this Paragraph

14 shall be submitted to the Regional Attorney Anna Park, Equal Employment

15 Opportunity Commission, Los Angeles District Office, 255 East Temple Street,

16 4th Floor, Los Angeles, California 90012.

17

If Defendants fail to make any payment required by this Paragraph by the

18 15th day of the month in which the payment is due, Defendants shall automatically

19 be deemed to have defaulted on this Decree. In the event of default, the unpaid

20 amounts on the Johnson Settlement Amount and the Boatright Settlement

21 Amount shall both become immediately due and payable, together with

22 compound interest, at a rate of 15% on entire settlement amount of $1 00,000,

23 calculated from the Effective Date. Further, if Defendants default on this Decree,

24 Judgment against Defendants shall be immediately entered against Defendants, at

25 the EEOC's unilateral discretion, and Defendants shall be deemed jointly and

26 severally liable for the unpaid balance of the Johnson Settlement Amount, the

27 Boatright Settlement Amount, and the interest described, above.

28 III

15

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 17 of 25

1

As a condition of this Decree, Brian Hunt shall execute the promissory

n
2 notes to Shunne Johnson and Alisa Boatright, attached hereto as Exhibits B and ~ ~

'" )"
3 C, r e s p e c t i v e l y . : ,
\ .;

4

X. MISCELLANEOUS PROVISIONS

5

Defendants will provide any potential successor to all or any of them with a

6 copy of this Decree within a reasonable time of not less than thirty (30) days prior

7 to the execution of any document providing for acquisition or assumption of

8 control of Defendants or any of them, or any other material change in corporate

9 structure, and shall simultaneously inform the Commission at the same.

10

Defendants and their successors shall assure that, during the term of this

11 Decree, all of their officers, managers, and supervisors are aware of any of the

12 terms of this Decree which relate to their job duties.

13

This Decree shall be binding upon and enforceable against each Defendant

14 and itsltheir successors and assigns.

15

XI. COSTS OF ADMINISTRATION AND IMPLEMENTATION

16

OF CONSENT DECREE

17

Defendants shall bear all costs associated with the administration and

18 implementation of their obligations under this Consent Decree, including the

19 costs of the Consultant.

20

XII. COSTS AND ATTORNEYS' FEES

21

Each Party shall bear its own costs of suit and attorneys' fees.

22 III

23 III

24 //I

25 //I

26 /II

27 //I

28 III

16

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 18 of 25

1

XIII. EXECUTION IN COUNTERPARTS

2

:! This Agreement may be signed in counterparts. A facsimile signature shall

.~

3 have the same force and effect of an original signature or copy thereof.

4 5 6 7 8
RAJos 9 Dated: f (
10 11 12

u.s. EOUAL EMPLOYMENT
tt OPPORJUNITY COMMISSION Anna Y. Park Cherry-Marie D. Rojas Dana C. Johnson
By::~~~~~~~~
Attome~for Plaintiff" ~ • U.S. E UAL EMPLO r lVlEN OPPOR ITY COMMISSION

13
14 Dated: 2=-z.:lo(

15

DIVERSIFIED PARATRANSIT

16

INC., PAUL'S YELLOW CAB d'Ib/a

Yellow Cab.A-ND INLAND

17

EXPRESS, !NC.

18

[ORDER)

19

20 GOOD CAUSE APPEARING,

21

The settlement is reasonable and fair. The court shall retain jurisdiction

22 during the term of this Decree.

23 IT IS SO ORDERED.
r :: Dated~V

26

Judge, United States District Court

27

28

17

• Case 2:04-cv-04762-SJO-AJW

". . Document 129 ..

•Filed 08/10/2005

Page 19 of 25

(] llJ

-- ~-
APPENDIX A

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 20 of 25

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

t:j lLi

Los Angeles District Office 255 E TEMPLE STREET 4nJ FLOOR:;~

LOS ANGELES, CALIFORNIA 900I2:? 1·800-669-4000 . (213)894.1000')
TOO (2131 894·1 12W) FAX (213 894·1118

NOTICE OF CONSENT DECREE

TO ALL WORKERS AT DIVERSIFIED PARATRANSIT, INC., PAUL'S YELLOW CAB d/b/a YELLOW CAB and INLAND EXPRESS, INC.:

The U.S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the United States District Court for the Central District of California entitled EEOC v. DIVERSIFIED PARATRANSIT, INC., PAUL'S YELLOW CAB d/b/a YELLOW CAB and INLAND EXPRESS, INC, Case Number CV-04-4762-SJO (AJWx). The EEOC filed this lawsuit on behalf of two (2) black and female employees, alleging that Diversified Paratransit, Yellow Cab and Inland Express (collectively, Diversified) subjected them to a hostile working envirorunent because of their sex and race. Diversified Paratransit denied the allegations that the two employees were subjected to a hostile working envirorunent because of their sex and race.

Diversified and the EEOC settled the federal lawsuit by entering into a five (5) year Consent Decree with the EEOC, which provided for a monetary settlement for the claimants. The settlement is not an admission of liability and wrongdoing. You may obtain a copy of the Consent Decree at your expense. To obtain a copy, you must contact the Office of the U.S. District Court Clerk, Central District of California.

Among the terms of the Consent Decree, Diversified must:

I. Post this Notice of Consent Decree in each of its facilities;

2. Revise its harassment policy and internal complaint procedure;

3.

Establish a centralized tracking system for harassment, discrimination and

retaliation complaints;

4.

Provide annual EEO training for managers, supervisors, human resources

personnel, officers and the rank and file workforce; and

5. Report the progress of the foregoing to the EEOC for a term of five years.

Regardless of whether you complain internally to Diversified or Paul's Yellow Cab, you have a right to file a charge with the EEOC if you feel that you have been discriminated against in violation of federal anti-discrimination laws such as

Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin;

The Age Discrimination in Employment Act of 1967, which prohibits age discrimination;

2

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 21 of 25

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CJ
..IU
- ~,

Los Angeles District Office 255 E. TEMPLE STREET, 4TH FLOOi~

LOS ANGELES, CALIFORNIA 90012'£ 1-800-669-4000 ) (213)894'1000·
TOD (213l 894-1 12V\ FAX (213 894-1 I 18

Title I of the Americans with Disabilities Act of 1990, which prohibits employment discrimination against people with disabilities; or

The Equal Pay Act of 1963 Act, which prohibits wage discrimination because of gender.

Should you believe that you have been discriminated against, harassed, subjected to a hostile environment or retaliated against because ofyour sex, race, color, national origin, religion, age or disability, you may follow Diversified's internal complaint procedures andlor seek assistance by filing a charge of discrimination with the EEOC at:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor . Los Angeles, CA 90012 TELEPHONE NUMBER: (213) 894-1083

In particular, if you feel that you have been retaliated against because of the filing of a charge of discrimination, giving testimony or assistance, or participating in any manner in any investigation, proceeding or hearing concerning discrimination, you should contact the EEOC. Further information about the EEOC is available on its web site at www.eeoc.gov.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice shall remain posted in a clearly visible location frequented by employees at Diversified's facilities for five years from the date upon which the Court signs this Notice.

L HII) It is so ORDERED this

day of

,2005.

~

~Lo HonorfsOames
UNITED STATES DISTRICT JUDGE

3

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 22 of 25

•

:i ••

APPENDIXB

• Case 2:04-cv-04762-SJO-AJW

Document 129

•Filed 08/10/2005

Page 23 of 25

PROMISSORY NOTE
Date: June _, 2005
George Brian Hunt individually and personally promises and guarantees performance of all payment obligations of Defendants Diversified Paratransit, Inc., Paul's Yellow Cab d/b/a Yellow Cab and Inland Express, Inc. pursuant to the Consent Decree attached hereto. In the event of any default in performance on payments required under the Consent Decree, George Brian Hunt hereby agrees that he. will pay immediately upon the request of the bearer of this note, the entire balmlce due on the Johnson Settlement Amount plus simple interest on the entire Johnson Settlement Amount (i.e. $90,000), calculated from the Effective Date of the Consent Decree to the date of payment at the legal rate of interest in the State of California.
If this note is placed in an attorney's hands for collection, or collected by a lawsuit or through a bankruptcy, or any other court, either before or after maturity, there shall be paid to the holder of this note reasonable attorneys' fees, costs, and other expenses incurred by the holder in enforcing the terms of this note.
i Signed this day of~, 2005
W~
George Brian Hunt

1 '

• ~------
Case 2:04-cv-04762-SJO-AJW

Document 129

Filed 08/•10/2005

Page 24 of 25

'.

r,.

" .

APPENDIXC

• • " " - - - - - - - - - - - - - -

""" - - - - - - - - - - - - -

Case 2:04-cv-04762-SJO-AJW Docum'.en.;t. I12..9 Filed 08/10/2005 Page 25 of 25

. ,

PROMISSORY NOTE

Date: June , 2005

George Brian Hunt individually and personally promises and guarantees performance of all payment obligations of Defendants Diversified Paratransit, Inc., Paul's Yellow Cab d/b/a Yellow Cab and Inland Express, Inc. pursuant to the Consent Decree attached hereto. In the event of any default in performance on payments required under the .Consent Decree, George Brian Hunt hereby agrees that he will pay immediately upon the request of the bearer of this note, the entire balance due on the Boatright Settlement Amount plus simple interest on the Boatright Settlement Amount (i.e. $10,000), calculated from the Effective Date of the Consent Decree at the legal rate of interest in the State of California.

If this note is placed in an attorney's hands for collection, or collected by a lawsuit or through a bankruptcy, or any other court, either before or after maturity, there shall be paid to the holder ofthis note reasonable attorneys' fees, costs, and other expenses incurred by the holder in enforcing the terms of this note.
Signed this vi day of ~, 2005
/>(5 f---
George Brian Hunt

 
 Case 2:04-cv-04762-SJO-AJW Document 127 Filed 06/28/2005 Page 1 of 1

1

OR\G\NAL .~

2

3

4

5

P·SEND (~j~}I JS·6 :';
,~ "

CLERK.

us

FILED DISTRICT

.'., COURT'

JUN 2 ~ 2lJ1lS

6

~:NTRAl DISTRICT OF CALIFORNIA

DEPUTY

7

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

11 Equal Employment Opportunity Commission,
12 Plaintiff(s),
13
14
v.
15 Diversified Paratransit, Inc., et aI.,
16
17 Defendant(s).
18

) NO. CV 04-4762 SJO (AJWx) )
ll ORDER OF DISMISSAL BY REASON OF SETTLEMENT
l l l

19 The Court has been advised by counsel that this action has settled and it is not necessary
20 forthe action to remain on the calendar of the Court. Accordingly, it is hereby ORDERED that this
21 action be, and hereby is, dismissed without prejudice.
22
The Court retains jurisdiction for a period of sixty (60) days to enforce the terms of the
23
settlement.
24

25
Dated this 7-1tt- day of June, 2005. 26

27

S. JAMES OTERO

UNITED STATES DISTRICT JUDGE

28

 
 1 Anna Y. Park) SBN 164242

Elizabeth E~arza-Cervantes~SBN 205412

2 U.S. EQUAL EMPLOY1vIENT

OPPORtUNITY COl\1MISSION

3 255 East Temple Street, 4th Floor Los Angeles, CA 900 12
4 Telephone: (213) 894-]091 Facsimile: (213) 894-1301
5
Attorneys for Plaintiff 6 EQUALENWLOYMENT
OPPORTUNITY COMMISSION 7

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UNITED STATES DISTRICT COURT

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9

CENTRAL DISTRICT OF CALIFORNIA

10

1l

EQUAL EMPLOY1VlENT OPPORTUNITY COMMISSION)

12 Plaintiff,

13
vs.

14 15 IDNICV.E, RPASIUFLIE'SDYPEALRLAOTWRACNASBITd1/1bt /a
Yellow Cab, AND INLAND

16 EXPRESS, INC.; and DOES 1-10 Inclusively,

17 Defendants.

18

CASE NO. t \J04bf7 {pd::.~

COMPLAINT

f\-J

• CIVIL RIGHTS

• EMPLOYMENT

DISCRIMINATION

(42 U.S.C. §§ 2000e~ et seq.)

JURY TRIAL DEMAND

19

NATURE OF THE ACTION

20

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

21 of the Civil Rights Act of 1991 to correct unlawful employment practices on the

22 basis of sex, and race and to provide appropriate relief to Shunne M. Johnson 23 ('~Ms. Johnson"), and a class of similarly situated employees who were adversely

24 affected by such practices. Jurisdiction of this Court is invoked pursuant to 28
25 U,S.C. §§ 451~ 1331, 1337, 1343 and 1345. Plaintiff U.S. Equal Employment

26 Opportunity Commission (the "Commission") alleges that Ms. Johnson, and other

27 similarly situated female employees were subjected to harassment due to their
28 race (African-American). In addition, Ms. Johnson and t:OOGKiil Q~h.GMd

-1-

.Il. -12OOJ

RV,

019

1 female employees were subjected to sex harassment during their employment

2 with Defendants, DIVERSIFIED PARATRANSIT, PAill.'S YELLOW CAB,

3 d/b/a Yellow Cab, and INLAND EXPRESS, INC. ('~Defendant Employers"),

4 affecting the tenus and conditions of their employment. Charging Party Ms.

5 Johnson and other similarly situated employees were subjected to a hostile work

6 environment perpetuated by both company management and Defendants'

7 president and owner.

8

JURISDICTION AND VENUE

9

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

10 1331,1337,1343 and 1345.

11

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

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

13 2000e-5(f)(I) and (3) ("Title Vll") and Section 102 of the Civil Rights Act of

14 1991,42 U.S.C. § ]981a.

15

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

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

17 Central District of California.

18

PARTIE.£

]9

4. Plaintiff, the Equal Employment Opportunity Commission (the

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

21 administration, interpretation and enforcement of Title VII, and is expressly

22 authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42: U.S.C.

23 § 2000e-5(t)(1) and (3).

24

5. At all relevant times alleged herein, Defendant Employers, a

25 California corporation, has continuously been doing business in the State 1:>[

26 California, County of Los Angeles, and has continuously had at least 15

27 employees.

28

6. Plaintiff is ignorant of the true names and capacities of Defendant

~2-

1 Employers, sued as DOES I through] 0, inclusively, and therefore Plaintiffsues

2 said Defendant Employers by such fictitious names. Plaintiff reserves the right to

3 amend the complaint to name the DOE Defendant Employers individually Or

4 corporately as they become known. Plaintiff alleges that each of the Defendant

5 Employers named as DOES was in some manner responsible for the acts and

6 omissions alleged herein and Plaintiffwill amend the complaint to allege such

7 responsibility when same shall have been ascertained by Plaintiff.

8

7. It is further alleged on information and belief that the unnamed

9 defendants in the complaint are mere alter egos of the Defendant Employers. The

10 remaining defendants are properly named in the complaint.

11

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

12 by and attributable to Defendant Employers, each acting as a successor, agent,

13 employee or under the direction and control of the others, except as specifically

14 alleged otherwise. Said acts and failures to act were within the scope of such

]5 agency and/or employment, and each of Defendant Employers participated 110,

16 approved and/or ratified the unlawful acts and omissions by other Defendant

17 Employers complained of herein. Whenever and wherever reference is made to

18 any act in this Complaint by a defendant employer or Defendant Employers, such

19 allegations and reference shall also be deemed to mean the acts and failures to act

20 of each Defendant Employers acting individually, jointly and/or severally.

21

9. At all relevant times, Defendant Employers has continuously been an

22 employer engaged in an industry affecting commerce within the meaning of

23 Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h).

24

STATEMENT OF CLAIMS

25

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

26 Johnson filed a charge with the Commission alleging violations of Title VIl by

27 Diversified Paratransit, The Commission has issued a Letter of Determination

28 finding that Ms. Johnson and other similarly situated employees were subjected to

-3-

1 unlawful employment discrimination based upon their sex/gender (female), and

2 race (African-Americanjin violation of Title VII. All conditions precedent to the

3 institution of this lawsuit have been fulfilled.

4

II. The Commission alleges that, since at least 1995 and continuing to

5 the present, Defendant Employers has engaged in unlawful employment practices

6 at its Southem California facilities throughout Los Angeles County~ California, in

7 violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by subjecting Ms.

8 Johnson and other similarly situated employees to harassment based upon their

9 sex/gender (female), and race (African-American). Specifically, Defendant

10 Employer repeatedly subjected Ms. Johnson, and other similarly situated

II employees to unlawful sex/gender harassment, and racial harassment in the form

12 of verbal harassment directed at them, impacting the terms and conditions of their

13 employment and creating a hostile working environment at Defendant Employers.

14 Ms. Johnson and other similarly situated employees complained to Defendant

15 Employers. Defendant Employers, however, failed to take immediate corrective,

16 and preventative measures.

17

12. Defendant Employers' owner, and company president is Brian Hunt.

18 Mr. Hunt is the proxy for Diversified Paratransit, Inc. and Defendant Employers.

19

13. The effect of the practices complained of in paragraph II above has

20 been to deprive Ms. Johnson, and other similarly situated employees of equal

21 employment opportunities and otherwise adversely affect their status as

22 employees, because of their gender/sex (female), and race (African-American)

23 under Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).

24

14. The unlawful employment practices complained of in paragraph 11

25 above were intentional.

26

15. The unlawful employment practices complained of in paragraph 11

27 above were done with malice or with reckless indifference to the federally

28 protected rights of Ms. Johnson and other similarly situated employees.

-4-

1 Employees were openly told on a frequent basis a variation or'All 'N's' are lazy"

2 in reference to African-Americans, and equally derogatory statements directed at

3 them due to their sex, female. The verbal harassment was frequent and varied

4 depending on whether the harasser wanted to make a sexually derogatory

5 comment about women Or a racially derogatory comment about African-

6 Americans.

7

16. As a direct and proximate result of the aforesaid acts of Defendant

8 Employers, Ms. Johnson and other similarly situated employees have suffered

9 emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation

10 and damages, according to proof.

11

17. As a direct and proximate result of the aforesaid acts of Defendant

12 Employers, Ms. Johnson and other similarly situated employees suffered a loss of

13 earnings, and other pecuniary and non-pecuniary losses in an amount according to

14 proof.

15

PRAYER FOR RELIEF

16

Wherefore, the Commission respectfully requests that this Court:

17

A. Grant a permanent injunction enjoining Defendant Employers, its

18 officers, successors, assigns, and all persons in active concert or participation

19 with it, from engaging in any employment practice which discriminates on the

20 basis of gender/sex, and/or race.

21

B. Order Defendant Employers to institute and carry out policies,

22 practices and programs which provide equal employment opportunities for

23 females, and African-Americans, which eradicate the effects of their past and

24 present unlawful employment practices;

25

C. Order Defendant Employer to make whole Ms. Johnson and other

26 similarly situated employees by providing appropriate backpay and front pay with

27 prejudgment interest, in amounts to be determined at trial, and other affirmative

28 relief necessary to eradicate the effects of its unlawful employment practices,

-5-

1 including, but not limited to, discrimination on the basis of gender/sex, and/or

2 race.

3

D. Order Defendant Employer to make whole Ms. Johnson, and other

4 similarly situated employees by providing compensation for past and future

5 pecuniary losses resulting from the unlawful employment practices described in
I
6 paragraphs 10-16 above, in amounts to be determined at trial.

7

E. Order Defendant Employers to make whole Ms. Johnson, and other

8 similarly situated employees by providing compensation for past and future

9 nonpecuniary losses resulting from the unlawful practices complained of in

10 paragraphs 10-16 above, including, but not limited to emotional pain, suffering,

11 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

12 determined at trial.

13

F. Order Defendant Employer to pay Ms. Johnson, and other similarly

14 situated employees punitive damages for its malicious and reckless conduct

15 described in paragraphs 10-16 above, in amounts to be determined at trial.

16

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

17 the public interest.

18 III

19 III

20 III

21 III

22 III

23 III

24 III

25 III

26 III

27 III

28

-6-

1

H. Award the Commission its costs of this action.

2

JURY TRIAL DEMAND

3

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

4 complaint.

S 6 Dated:

June~ 2004

Respectfully Submitted)

7

ERIC S. DREIBAND

General Counsel

8

JAlvIES LEE~

9

Deputy General Counsel

10

GWENDOLYN REAMS

Associate General Counsel

11

U. S. EQUAL El\1PLOYMENT

12

OPPORTUNITY COMlvHSSION

1801 IlV' Street) N.W.

13

Washington) D.C. 20507

14

ANNA Y.PARK

Regional Attorney

15

ELIZABETH ESPARZA-CERVANTES

16

Trial Attorney

17

U. S. EQUAL EMPLOY1v1ENT

OPPORtUNITY CO~SSION

18

255 E. Temple Street, 4 I Floor

Los Angeles, CA 90012

19 20

~Q~

21
Regional Attorney

22 Attorneys for Plaintiff U.S. Equal

23

Employment Opportunity Corrimission

24

25

26

27

28

-7-

 
 CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?916065987337468-L_9...

(AJWx), CLOSED, DISCOVERY
U.S. District Court CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:04-cv-04762-SJO-AJW

Equal Employment Opportunity Commission v. Diversified Paratransit Inc et al Assigned to: Judge S. James Otero Referred to: Magistrate Judge Andrew J. Wistrich Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/30/2004 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anna Y Park US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 Email: thomas.profit@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cherry-Marie D Rojas US Equal Employment Opportunity 255 East Temply Street 4th Floor Los Angeles, CA 90012 213-894-1079 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dana C Johnson US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Esparza-Cervantes US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1091

1 of 15

5/11/2007 9:03 AM

CM/ECF - California Central District - Docket Report
V. Defendant Diversified Paratransit Inc
Defendant Pauls Yellow Cab doing business as Yellow Cab
Defendant Inland Express Inc
2 of 15

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?916065987337468-L_9...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vivian Q Le Lynberg and Watkins 333 City Boulevard West, Suite 640 Orange, CA 92868-5915 714-937-1010 Email: vle@lynberg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Norman J Watkins Lynberg & Watkins 333 City Blvd W, Ste 640 Orange, CA 92868-5915 714-937-1010 Fax: 714-937-1003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vivian Q Le (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Norman J Watkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vivian Q Le (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Norman J Watkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vivian Q Le (See above for address) LEAD ATTORNEY
5/11/2007 9:03 AM

CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?916065987337468-L_9...

Defendant
Does 1-10, Inclusively

ATTORNEY TO BE NOTICED

Date Filed 06/30/2004 06/30/2004 06/30/2004 06/30/2004 07/01/2004 08/12/2004
08/12/2004
08/12/2004
08/31/2004

#

Docket Text

1 COMPLAINT against defendants Diversified Paratransit Inc, Inland Express Inc, Pauls Yellow Cab.(Filing fee $ 150.) Jury Demanded. , filed by plaintiff Equal Employment Opportunity Commission.(rrey, ) (Entered: 07/07/2004)
20 Day Summons Issued re Complaint - (Discovery)[1] as to Diversified Paratransit Inc, Inland Express Inc, Pauls Yellow Cab. (rrey, ) (Entered: 07/07/2004)
3 CERTIFCATION of Interested Parties filed by Plaintiff Equal Employment Opportunity Commission. (rrey, ) (Entered: 07/07/2004)
FAX number for Attorney Elizabeth Esparza-Cervantes, Anna Y Park is 213-894-1301. (rrey, ) (Entered: 07/07/2004)
2 INITIAL STANDING ORDER by Judge S. James Otero, for cases assigned to Judge S James Otero. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.(el, ) (Entered: 07/07/2004)
4 PROOF OF SERVICE Executed by plaintiff Equal Employment Opportunity Commission, upon Diversified Paratransit Inc served on 8/5/2004, answer due 8/25/2004. The Summons and Complaint were served by personal service, by federal statute, upon Marlo Avantt person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (pj, ) (Entered: 08/16/2004)
5 PROOF OF SERVICE Executed by plaintiff Equal Employment Opportunity Commission, upon Pauls Yellow Cab dba Yellow Cab served on 8/5/2004, answer due 8/25/2004. The Summons and Complaint were served by personal service, by federal statute, upon Marlo Avantt person authroized to accept service. Due Dilligence declaration not attached. Original Summons not returned. (pj, ) (Entered: 08/16/2004)
6 PROOF OF SERVICE Executed by plaintiff Equal Employment Opportunity Commission, upon Inland Express Inc served on 8/5/2004, answer due 8/25/2004. The Summons and Complaint were served by personal service, by federal statute, upon Marlo Avantt person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (pj, ) (Entered: 08/16/2004)
7 STIPULATION AND ORDER by Judge S. James Otero : extending date for filing of defendants answer or responsive pleading to plaintiffs complaint: defendant Diversified Paratransit Inc answer due 9/8/2004; Inland Express Inc

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09/08/2004 09/08/2004 09/08/2004 09/15/2004 09/15/2004 09/23/2004 10/01/2004 10/04/2004
10/14/2004
10/15/2004

answer due 9/8/2004; Pauls Yellow Cab answer due 9/8/2004 (pj, ) (Entered: 09/07/2004)
8 ANSWER to Complaint - (Discovery)[1] with jury demand filed by defendants Diversified Paratransit Inc, Inland Express Inc, Pauls Yellow Cab.(pj, ) (Entered: 09/09/2004)
9 NOTICE of Interested Parties filed by Defendants Diversified Paratransit Inc, Inland Express Inc, Pauls Yellow Cab. (pj, ) (Entered: 09/09/2004)
FAX number for Attorney Vivian Quynh-Thu Le, Norman J Watkins is 714-937-1003. (pj, ) (Entered: 09/13/2004)
10 MINUTES IN CHAMBERS : Scheduling Conference set for 10/4/2004 08:30 AM. File a Joint Rule 26(f) report on or before 9/29/04 by Judge S. James Otero.Court Reporter: Not Present (pj, ) (Entered: 09/16/2004)
11 NOTICE OF UNAVAILABILITY OF ATTORNEY filed by plaintiff Equal Employment Opportunity Commission. (pj, ) (Entered: 09/17/2004)
12 ***ZGF REPORT MAY BE SUBMITTED AT HEARING, THE TRIAL LAWYER IS EXCUSED FROM APPEARING by Judge S. James Otero, DENIED BY ORDER REGARDING Stipulation and request (pj, ) (Entered: 09/24/2004)
13 REPORT OF EARLY MEETING OF COUNSEL filed; estimated length of trial 10 days. (yc, ) (Entered: 10/05/2004)
14 MINUTES OF Scheduling Conference held before Judge S. James Otero The court sets the following dates: Last date to amend or add parties 12/6/2004; Discovery cut off 3/28/05; Motion hearing cut off 5/16/05; Jury Trial set for 6/28/2005 09:00 AM ; Pretrial Conference set for 6/20/2005 09:00 AM Court advised conusel that all pretrial documents must be filed on or before the Final Pretrail Conference including, but not limited to: All Jur instruction, agreed and opposed; Verdict Forms; Proposed voir dire questions; Agreed-to statement of case; Witness List;Trial Brief; Joint rule; If court trial file findings of fact and conclusion of law and summaries of direct testimony at pretrial conference; Motions in limine are to be filed according to local rule 7 and will be heard at 9am the first day of trial; Exhibits properly labeled, tagged, and in binders. Court Reporter: Deborah Gackle. (yc, ) (Entered: 10/05/2004)
15 MINUTES scheduling conference held before Judge S. James Otero : The court sets the following dates: Last date to amend or add parties 12/6/2004; Discovery cut off 3/28/05; Motion hearing cut off 5/16/05 at 10am; Jury Trial set for 6/28/2005 09:00 AM ; Pretrial Conference set for 6/20/2005 09:00 AM ; settlement conference Referred t the calendar of Chief Magistrate Judge Wistrich. (see minutes for further order)Court Reporter: Deborah Gackle. (yc, ) (Entered: 10/18/2004)
16 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) filed; Parties request To Appear Before Magistrate Judge for settlement proceedings; Settlement procedure selection request Granted By Order of S. James Otero (mch, ) (Entered: 10/20/2004)

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12/13/2004 02/25/2005 02/25/2005 02/25/2005 02/25/2005 02/28/2005
03/01/2005 03/01/2005 03/09/2005
03/14/2005

17 STIPULATION AND ORDER by Judge Andrew J. Wistrich : IT IS THEREFORE STIPULATED that both the EEOC and defendants may serve a total of fifty interrogatories upon each other(yc, ) (Entered: 12/15/2004)
19 NOTICE OF MOTION AND MOTION to Compel the production of documents filed by plaintiff Equal Employment Opportunity Commission. Motion set for hearing on 3/28/2005 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (yc, ) (Entered: 03/07/2005)
20 DECLARATION of Dana C Johnson in support of MOTION to Compel[19] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 03/07/2005)
21 MEMORANDUM of contentionss and points and authorities in Support of MOTION to Compel[19] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 03/07/2005)
22 PROOF OF SERVICE filed by plaintiff Equal Employment Opportunity Commission. re Declaration (Motion related)[20], Memorandum in Support of Motion[21], MOTION to Compel[19], was served on 2/25/2005. (yc, ) (Entered: 03/07/2005)
23 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich : RE: MOTION to Compel[19].Th motion is denied without prejudice to its renewal on the basis of a more adequate record. Defendant's counsel is directed to meet and confer with plaintiff's counsel for the purpose of attempting to resolve this discovery dispute in compliance with Local Rule 37 no later than Mardch 7, 2005. If the dispute cannot be resolved by negotiation, then defendant's counsel is directed to cooperate in filing a joint stipulation no later than March 14, 2005. Supplemental memoranda may be filed no later than March 21, 2005. The motion may be noticed for hearing on March 28, 2005 at 10:00 a.m. (yb, ) (Entered: 03/08/2005)
18 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge S. James Otero ORDERING Notice of motion to compel submitted by Plaintiff Equal Employment Opportunity Commission received on 2/25/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) (Entered: 03/07/2005)
PLACED IN FILE - NOT USED re Proposed Order re Discovery Matter submitted by Plaintiff Equal Employment Opportunity Commission. (yb, ) (Entered: 03/08/2005)
24 STIPULATION AND ORDER by Judge S. James Otero :, Reset Deadlines: IT IS ORDERED that the discovery cut off currently set for 3/28/2005 is CONTINUED to 4/29/2005 for the limited purposed of taking or continuing the depositions of persons who were or are noticed or subpoenaed to be deposed prior to 3/28/2005. All other dates set by the court remain in full force. (yc, ) (Entered: 03/11/2005)
25 EX PARTE APPLICATION for Order Shortening Time on Plaintiffs EEOC's Motion to Compel Deponent George Brian Hunt to Answer Certain Questions filed by plaintiff Equal Employment Opportunity Commission. Lodged proposed order. (yb, ) (Entered: 03/15/2005)

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03/14/2005
03/14/2005 03/14/2005 03/14/2005 03/14/2005 03/15/2005
03/16/2005 03/16/2005
03/17/2005 03/21/2005 03/21/2005

27 DECLARATION of Dana C. Johnson in Support of Plaintiff's Ex Parte Motion for Order Shortening Time on Plaintiff EEOC's Motion to Compel Deponent George Brian Hunt to Answer Certain Questions filed by Plaintiff Equal Employment Opportunity Commission. (yb, ) Modified on 3/15/2005 (yb, ). (Entered: 03/15/2005)
28 MOTION to Compel to be lodged with court filed by plaintiff Equal Employment Opportunity Commission. Motion set for hearing on 4/4/2005 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (yc, ) (Entered: 03/18/2005)
29 DECLARATION of Dana C Johnson in support of re MOTION to Compel[28] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 03/18/2005)
32 DECLARATION of Vivian Q Le in support of re MOTION to Compel[19] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 03/18/2005)
33 JOINT STIPULATION REGARDING PLAINTIFF re MOTION to Compel[19] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 03/18/2005)
26 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Wistrich ORDERING Ex Parte Application; Declaration; Proposed Order; Proposed Motion; proposed Order and Declaration submitted by Plaintiff Equal Employment Opportunity Commission received on 3/14/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yb, ) (Entered: 03/15/2005)
30 ORDER by Judge S. James Otero : granting [25] Ex Parte Application. IT IS HERBY ORDERED that plaintiff EEOC's proposed motion be deemed filed that defendants file their opposition no later thatn 3/21/2005, and that the matter be heard on 4/4/2005 at 10am. (yc, ) (Entered: 03/18/2005)
31 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Wistrich ORDERING Joint Stiplation regarding plf EEOC motion to compel submitted by Defendant Inland Express Inc received on 3/14/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) (Entered: 03/18/2005)
34 NOTICE: 1)Plaintiff's Motion to Compel Production of Documents and 2)Plaintiff's Motion to Compel Deponent George Brian Hunt to Answer Certain Questions is calendared for hearing on April 4, 2005, 10 a.m. in Courtroom 690. (yb, ) (Entered: 03/18/2005)
35 DECLARATION of Dana C Johnson in suppor tof re MOTION to Compel[19] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 03/23/2005)
36 SUPPLEMENTAL MEMORANDUM in connectio with its re MOTION to Compel[19] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 03/23/2005)

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03/21/2005 04/04/2005 04/05/2005
04/12/2005 04/21/2005 04/22/2005 04/25/2005 04/27/2005 04/27/2005 04/27/2005

37 OPPOSITION to MOTION to Compel[28] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 03/23/2005)
38 MINUTES OF Discovery Hearing held before Andrew J. Wistrich : RE: MOTION to Compel[28] and Motion to Compel [19]. Plaintiff's motions to compel production of documents is granted as stated on the record. Plaintiff's motion to compel Hunt to answer deposition questions is granted as explained in a separate order.Tape #: 05-06. (yb, ) (Entered: 04/06/2005)
39 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich : Order Re Plaintiff's Motion to Compel Non-Party Brian Hunt to Answer Deposition Questions. The motion is granted. Defendants are directed to produce Hunt for completion of his deposition within 14 days unless plaintiff prefers a later time. Plaintiff's request for an award of monetary sanctions against defendants' counsel is granted. The amount requested, $700, is extremely modest and plainly reasonable in the circumstances. Defendant's counsel is directed to pay that sum to plaintiff within 14 days. (yb, ) (Entered: 04/06/2005)
40 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich : Confidential Settlement Statement due by 5/25/2005. Settlement Conference set for 6/1/2005, 03:30 PM before Magistrate Judge Andrew J. Wistrich. (yb, ) (Entered: 04/12/2005)
41 STIPULATION AND ORDER by Judge Andrew J. Wistrich. regarding PROTECTIVE ORDER ; IT IS HEREBY STIPULATION THAT: the following categories of documents may be designated as confidential material. (1) payroll records (2) personnel files. (see document for detials. )(yc, ) (Entered: 04/25/2005)
42 NOTICE OF ERRATA filed by Plaintiff Equal Employment Opportunity Commission. correcting Memorandum in Support of Motion[21] (yc, ) (Entered: 04/28/2005)
50 NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING Notice of motion for partial summary judgment submitted by Plaintiff Equal Employment Opportunity Commission received on 4/21/2005 is not to be filed but instead rejected. Denial based on: Local rule 11-8.(yc, ) (Entered: 04/29/2005)
51 EX PARTE APPLICATION for order shortening time on plaintiff EEOC (proposed) motion for partial summary judgment. filed by plaintiff Equal Employment Opportunity Commission. (yc, ) Modified on 5/5/2005 (yc, ). LODGED PRPOSED ORDER WITH /MOTIN & SUPPORTING DOCUMENTS (Entered: 05/05/2005)
52 NOTICE of ex parte application filed by Plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 05/05/2005)
53 DECLARATION of Dana C Johnson in support of re EX PARTE APPLICATION for Order[51] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 05/05/2005)

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04/27/2005 04/28/2005
04/28/2005 04/28/2005 04/28/2005 04/28/2005 04/28/2005 04/28/2005 05/09/2005 05/09/2005
05/09/2005 05/09/2005

54 OPPOSITION to EX PARTE APPLICATION for Order[51] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/05/2005)
43 ORDER by Judge S. James Otero, GRANTING EX PARTE APPLICATION FOR ORDER SHORTENING TIME. IT IS HEREBY ORDERED that plaintiff EEOC's proposed motion be deemed filed that defendants file their opposition no later than 5/9/2005, that plaintiff file its reply no later than 5/16/2005 and that the matter be heard on 5/23/2005 at 10:am. (yc, ) (Entered: 04/29/2005)
44 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by plaintiff Equal Employment Opportunity Commission. Motion set for hearing on 5/23/2005 at 10:00 AM before Honorable S. James Otero. (yc, ) (Entered: 04/29/2005)
45 MEMORANDUM of points and authorities in Support of MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 04/29/2005)
46 DECLARATION of Alisa Boatright in support of re MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 04/29/2005)
47 DECLARATION of Shunne Johnson in support re MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 04/29/2005)
48 STATEMENT of of undisputed facts in support of its re MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 04/29/2005)
49 DECLARATION of Dana C Johnson in support of re MOTION for Partial Summary Judgment[44] filed by Dana C. Johnson in support of Equal Employment Opportunity Commission. (yc, ) (Entered: 04/29/2005)
58 DECLARATION of Dana C Johnson in support re EX PARTE APPLICATION for Order[25] (proposed) motion for an order to show cause why monetary evidentary and preclusion sanctions should not issue. filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 05/12/2005)
59 EX PARTE APPLICATION for Order shortening time on plaintiff EEOC's (proposed) motion for an order to show cause why monetary evidentiary and preclusion sanction sshoule not be issued. filed by plaintiff Equal Employment Opportunity Commission. Lodged proposed order and motion papers. (yc, ) (Entered: 05/12/2005)
60 DECLARATION of Vivian Le in support of re MOTION for Partial Summary Judgment[44] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)
61 OPPOSITION to MOTION for Partial Summary Judgment[44] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)

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05/09/2005 05/09/2005 05/10/2005 05/10/2005 05/10/2005 05/10/2005 05/10/2005
05/10/2005 05/10/2005 05/10/2005 05/10/2005
05/16/2005 05/16/2005

62 STATEMENT of genuine issues in opposition to EEPOC's re MOTION for Partial Summary Judgment[44] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)
63 DECLARATION of Brian Hunt in support of re MOTION for Partial Summary Judgment[44] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)
55 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 4/04/05 Court Reporter: Dorothy Babykin (nm, ) (Entered: 05/11/2005)
56 TRANSCRIPT filed for proceedings held on 4/04/05. Court Reporter: Dorothy Babykin. (nm, ) (Entered: 05/11/2005)
57 MINUTES before Judge S. James Otero: The parties are advised that Plaintiff MOTION for Summary Judgment [44], scheduled for hearing on May 23, 2005, is TAKEN UNDER SUBMISSION. Accordingly, the hearing date is vacated. Order will issue. Court Reporter: Not Present. (jp, ) (Entered: 05/11/2005)
PLACED IN FILE - NOT USED re Stipulation and request for continuance of hearing and associated submitted by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)
64 NOTICE OF MOTION AND MOTION to an order to Show Cause why monetary evidentiary and preclusion sanctions should not be issued. filed by plaintiff Equal Employment Opportunity Commission. Motion set for hearing on 5/25/2005 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (yc, ) (Entered: 05/12/2005)
65 MOTION FOR AN ORDER TO SHOW CAUSE[64] filed by plaintiff Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/12/2005)
66 DECLARATION of Dana C. Johnson in support re MOTION to Show Cause[64] filed by PLAINTIFF Equal Employment Opportunity Commission. (yc, ) (Entered: 05/12/2005)
67 NOTICE OF ERRATA filed by Defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. Opposition to Motion[61] (yc, ) (Entered: 05/12/2005)
68 ORDER by Judge Andrew J. Wistrich : granting [59] Ex Parte Application for Order IT IS HEREBY ORDERED that Plaintiff EEOC's proposed motin to deemed filed, that defendants filed their oppositon no later than 5/18/2005, and that the matter be heard on 5/25/2005 at 10am. No rply papers are permitted. If defendants have not complied with the court previous order they are directed to do so before the 5/25/2005 hearing in order to reduce imposition of severe sancetion, potentically including issue preclusion. (yc, ) (Entered: 05/13/2005)
69 REPLY to separate statment of undisputed facts in support of MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 05/18/2005)
70 OBJECTIONS TO AND REQUEST to strike portions of defendants OPPOSITION to MOTION for Partial Summary Judgment[44] filed by plaintiff

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05/16/2005 05/18/2005 05/25/2005
05/31/2005 05/31/2005 05/31/2005
05/31/2005 05/31/2005 05/31/2005

Equal Employment Opportunity Commission. (yc, ) (Entered: 05/18/2005)
71 REPLY brief in support of its MOTION for Partial Summary Judgment[44] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 05/18/2005)
72 OPPOSITION to MOTION to Show Cause[64] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (yc, ) (Entered: 05/20/2005)
73 MINUTES OF Discovery Hearing held before Andrew J. Wistrich RE: MOTION to Show Cause[64]. Plaintiff's motion is granted in part. Defendant is ordered to fully comply with the April 4, 2005 order (to the extent it has not already done so) and to produce all documents responsive to requests 17-19, 62, 63 and 67 no later than 9 a.m. on June 1, 2005. Defendant is ordered to pay monetary sanctions in the amount of $350.00 within eleven (11) days. A further hearing re defendant's document production and compliance with discovery orders is calendared for June 1, 2005 at 2:30 p.m. Defendant is ordered to bring a client representative who can testify about the completeness of defendant's document production and defendant's compliance with the court's discovery orders. (yb, ) (Entered: 05/27/2005)
74 NOTICE OF MOTION and MOTION IN LIMINE No 1 for an order excluding evidence or argument regarding defendants suspicion that Shunne Johnson embezzled monies form defendants while working for them filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
75 NOTICE OF MOTION AND MOTION IN LIMINE No 2 for an order excluding evidence or argument that either Shunne Johnson or Alisa Boatright applied for and/or received workers compensation, disability, aid to families with dependent children or unemployment benefits filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
76 NOTICE OF MOTION AND MOTION IN LIMINE No3 or an order excluding evidence or agrument of any of the following (1) Alisa Boatright poor word performance at defendants (2) the fact that Alisa Boatright was laid off from defendants; (3) the claimants poor work performance at any employer other than defendants and (4) the fact that claimants were involuntarily terminated from their employment with other employes, not defendants filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
77 MOTION IN LIMINE No 1 to Preclude evidence or argument that shunne johnson embezzled or stole money from defendants filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
78 DECLARATION of Dana C Johnson in support of re MOTION IN LIMINE No 1 to Preclude evidence or argument that shunne johnson embezzled or stole money from defendants[77] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/03/2005)
79 MOTION IN LIMINE No 2 to Preclude evidence or argument that either cliamtn Shunne Johnson or Alisa Boatright made claims for and/or received workers compensation, disability, aid to families with defendant-children or unemployment benefits filed by plaintiff Equal Employment Opportunity

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05/31/2005
05/31/2005 05/31/2005 05/31/2005 05/31/2005
05/31/2005 05/31/2005 06/01/2005
06/01/2005 06/01/2005 06/01/2005

Commission.(yc, ) (Entered: 06/03/2005)
80 MOTION IN LIMINE No 3 to Preclude evidence or argument regarding Alisa Boatright poor work performance and lay off from defendants and either claimants proof work performance and involuntary termination from other employers. filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
81 JOINT Exhibit List pursuant to local rule 16-5 filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.. (yc, ) (Entered: 06/03/2005)
84 MOTION IN LIMINE NO 5 to Preclude evidence or argument tht Shunne Johson after going out on disability, kept a cell phone belonging to defendants and ran up a large bill filed by plaintiff Equal Employment Opportunity Commission.(yc, ) (Entered: 06/03/2005)
85 NOTICE OF MOTION re MOTION IN LIMINE NO 5 to Preclude evidence or argument tht Shunne Johson after going out on disability, kept a cell phone belonging to defendants and ran up a large bill[84] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/03/2005)
86 PROOF OF SERVICE filed by plaintiff Equal Employment Opportunity Commission. re In Chambers Order/Directive - no proceeding held,, 83, MOTION IN LIMINE NO 5 to Preclude evidence or argument tht Shunne Johson after going out on disability, kept a cell phone belonging to defendants and ran up a large bill[84], Notice of Motion, [85], Declaration (Motion related)[78], MOTION IN LIMINE No 3 to Preclude evidence or argument regarding Alisa Boatright poor work[80], Exhibit List[81], Settlement Conference82, was served on 5/27/2005. (yc, ) (Entered: 06/03/2005)
87 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Equal Employment Opportunity Commission.. (yc, ) (Entered: 06/03/2005)
88 Witness List filed by plaintiff Equal Employment Opportunity Commission.. (yc, ) (Entered: 06/03/2005)
83 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich : FURTHER HEARING RE DEFENDANT'S COMPLIANCE WITH ORDERS COMPELLING PRODUCTION. Plaintiff's counsel advises the court that she has received the production of documents the court ordered from defendants today. She has reviewed the documents and it appears that the documents sought were provided and that defendants indicated that they would provide additional documents she has requested. Accordingly, the concerns regarding defendant's document production have been resolved. No further action by the court is required. (yb, ) (Entered: 06/03/2005)
89 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.. (yc, ) (Entered: 06/03/2005)
90 Witness List filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.. (yc, ) (Entered: 06/03/2005)
92 Witness List filed by defendants, Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc. (sv) (Entered: 06/09/2005)

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06/01/2005 06/02/2005 06/06/2005
06/07/2005 06/13/2005 06/14/2005 06/14/2005 06/14/2005 06/14/2005
06/14/2005 06/15/2005
06/15/2005 06/15/2005

93 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants, Diversified Paratransit Inc, Pauls Yellow Cab, Inland Express Inc.(sv) (Entered: 06/09/2005)
82 MINUTES OF Settlement Conference held before Judge Andrew J. Wistrich : No settlement was achieved. (yb, ) (Entered: 06/03/2005)
94 NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING motion, order, motion submitted by Defendant Diversified Paratransit Inc received on 5/31/2005 is not to be filed but instead rejected. Denial based on: no order allowing document to be submitted.(yc, ) (Entered: 06/10/2005)
91 DENIED STIPULATION AND ORDER by Judge S. James Otero : TO CONTINUED TRIAL AND ALL OTHER ASSOCIATED DATES. (yc, ) (Entered: 06/09/2005)
104 Pretrial Exhibit Stipulation filed by plaintiff/defendants Diversified Paratransit Inc.. (yc, ) (Entered: 06/21/2005)
99 OPPOSITION to MOTION IN LIMINE No 3 to Preclude evidence or argument regarding Alisa Boatright poor work[80] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 06/16/2005)
100 OPPOSITION to MOTION IN LIMINE NO 5 to Preclude evidence or argument tht Shunne Johson after going out on disability, kept a cell phone belonging to defendants and ran up a large bill[84] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 06/16/2005)
101 OPPOSITION to MOTION IN LIMINE No 1 to Exclude evidence or argument regarding defendants suspicion that Shunne Johnson embezzled monies form defendants while working for them[74] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 06/16/2005)
102 OPPOSITION to MOTION IN LIMINE No 2 to Exclude evidence or argument that either Shunne Johnson or Alisa Boatright applied for and/or received workers compensation, disability, aid to families with dependent children or unemployment benefits[75] filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab. (yc, ) (Entered: 06/16/2005)
107 TRIAL BRIEF filed by plaintiff Equal Employment Opportunity Commission.. (yc, ) (Entered: 06/21/2005)
95 NOTICE OF MOTION AND MOTION IN LIMINE No 4 to Preclude evidence of alleged incidents of racial and sexual harassment the occurred when Shunne Johnson was not workign for defendants: Memorandum of point sand authorities in support. filed by defendants Diversified Paratransit Inc.(yc, ) (Entered: 06/16/2005)
96 NOTICE OF MOTION IN LIMINE No 1 to Preclude evidence regarding prior convictor of Todd Baker filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.(yc, ) (Entered: 06/16/2005)
97 NOTICE OF MOTION IN LIMINE No 2 to Exclude personnel files of Brian Hunt, Victoria Arambel Todd Baker, DAle BArke, Steve CArrigan, Rosie

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06/15/2005 06/15/2005 06/16/2005
06/16/2005 06/16/2005 06/16/2005 06/16/2005 06/16/2005 06/17/2005 06/17/2005 06/17/2005 06/17/2005

Rodriguez, Josefina Huizar, Bernadette De La Concepcion and Marlo Avant filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.(yc, ) (Entered: 06/16/2005)
98 NOTICE OF MOTION AND MOTION IN LIMINE No 3 to Preclude evidence regarding the "Good" Character of Shunne Johnson and Alisa Boatright and evidence that Brian Hunt has Bi- Polar disorder filed by defendants Diversified Paratransit Inc, Pauls Yellow Cab.(yc, ) (Entered: 06/16/2005)
108 MOTION IN LIMINE No 5 to Preclude evidence regarding subsequent remedial measures filed by defendants Diversified Paratransit Inc.(yc, ) (Entered: 06/21/2005)
103 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge S. James Otero ORDERING Notice of applicaiton for order shortening time submitted by Plaintiff Equal Employment Opportunity Commission received on 6/14/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) (Entered: 06/17/2005)
105 MOTION IN LIMINE No 4 to Preclude evidence barred by Federal Rule of Evidence 412 filed by plaintiff Equal Employment Opportunity Commission.(yc, )******************UNDER SEAL*************************************** (Entered: 06/21/2005)
106 NOTICE OF MOTION AND MOTION IN LIMINE No 4 to Preclude evidence barred by Federal Rule of Evidence 412[105] filed by PLAINTIFF Equal Employment Opportunity Commission. (yc, ) **************under seal****************************** (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re Declaration of Dana C Johnson in support submitted by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re proposed motion for reconsideration of court's determination that plaintiff motion in limine #4 not be deemed filed submitted by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re Dana C Johnson in support of submitted by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/21/2005)
109 JOINT STATEMENT of the case filed by Defendant Diversified Paratransit Inc (yc, ) (Entered: 06/21/2005)
110 PROPOSED VOIR DIRE filed by plaintiff Equal Employment Opportunity Commission.. (yc, ) (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re (proposed) order re plaintiff's proposed motion for reconsideration submitted by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re (proposed) order granting ex parte applcation for order shortening time on submitted by plainitff Diversified Paratransit Inc. (yc, ) (Entered: 06/21/2005)

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CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?916065987337468-L_9...

06/20/2005 06/20/2005 06/20/2005 06/20/2005
06/21/2005 06/21/2005
06/21/2005
06/21/2005 06/21/2005 06/21/2005 06/22/2005 06/22/2005 06/22/2005

111 PROPOSED JURY VOIR DIRE QUESTIONS filed by defendants Diversified Paratransit Inc.. (yc, ) (Entered: 06/21/2005)
112 TRIAL BRIEF pursuant to local rule 16-9 filed by defendants Diversified Paratransit Inc.. (yc, ) (Entered: 06/21/2005)
PLACED IN FILE - NOT USED re (proposed) Pre-Trial conference order submitted by defendants Diversified Paratransit Inc. (yc, ) (Entered: 06/21/2005)
126 MINUTES Pretrial Conference held before Judge S. James Otero : The court grantw plaintiff request regarding defendant's thirty affirmative defense. The court will allow 10 hours per side to try this case. This includies opeing and closing argument direct, and cross. The court strikes the propsoed pretrial order but allow counsle to relodge it. The court continues the pretrial conference to 6/7/2005 at 9:00am. The parties are ordered to refile all pretrial documents that need to be modified (see file for details)Court Reporter: Ramona La Chappele. (yc, ) (Entered: 06/29/2005)
113 ORDER by Judge S. James Otero : granting[44] Motion for Partial Summary Judgment. (yc, ) (Entered: 06/22/2005)
114 REPLY to MOTION IN LIMINE No 3 to Preclude evidence regarding the "Good" Character of Shunne Johnson and Alisa Boatright and evidence that Brian Hunt has Bi- Polar disorder[98] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/22/2005)
115 REPLY to MOTION IN LIMINE No 2 to Exclude personnel files of Brian Hunt, Victoria Arambel Todd Baker, DAle BArke, Steve CArrigan, Rosie Rodriguez, Josefina Huizar, Bernadette De La Concepcion and Marlo Avant[97] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/22/2005)
116 REPLY to MOTION IN LIMINE No 1 to Preclude evidence regarding prior convictor of Todd Baker[96] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/22/2005)
117 REPLY to MOTION IN LIMINE No 5 to Preclude evidence regarding subsequent remedial measures[108] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/22/2005)
118 PROPOSED SPECIAL VERDICT FORM. (yc, ) (Entered: 06/22/2005)
120 Notice of non-opposition to re MOTION IN LIMINE No 5 to Preclude evidence regarding subsequent remedial measures[108] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/28/2005)
121 OPPOSITION to MOTION IN LIMINE No 1 to Preclude evidence regarding prior convictor of Todd Baker[96] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/28/2005)
123 OPPOSITION to MOTION IN LIMINE No 2 to Exclude personnel files of Brian Hunt, Victoria Arambel Todd Baker, DAle BArke, Steve CArrigan, Rosie Rodriguez, Josefina Huizar, Bernadette De La Concepcion and Marlo Avant[97] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/28/2005)

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CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?916065987337468-L_9...

06/22/2005
06/22/2005 06/23/2005 06/28/2005 08/10/2005

124 OPPOSITION to MOTION IN LIMINE No 4 to Preclude evidence of alleged incidents of racial and sexual harassment the occurred when Shunne Johnson was not workign for defendants: Memorandum of point sand authorities in support.[95] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/28/2005)
125 OPPOSITION to MOTION IN LIMINE No 3 to Preclude evidence regarding the "Good" Character of Shunne Johnson and Alisa Boatright and evidence that Brian Hunt has Bi- Polar disorder[98] filed by plaintiff Equal Employment Opportunity Commission. (yc, ) (Entered: 06/28/2005)
122 JOINT Witness List and Trial estimate filed by plaintiff Diversified Paratransit Inc.. (yc, ) (Entered: 06/28/2005)
127 ORDER by Judge S. James Otero, of dismissal by reason of settlment. The court hereby ORDERED that this action be and hereby is dismissed without prejudice. The court retains jurisdiction for a period of 60 days to enforce the term of the settlment. (Made JS-6. Case Terminated.)(yc, ) (Entered: 06/30/2005)
129 CONSENT DECREE AND PROPOSED ORDER by Judge S. James Otero,The settlement is reasonable and fair. The court shall retain jurisdiction during the term of this decree. (see document)(yc, ) (Entered: 08/15/2005)

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