Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 1 of 7
USDC SCAN INDEX SHEET

III11111

LLS 9/30/98 3:98-CV-01778 *1* *CMP.*

14:42 EEOC V. PACIFIC HOMES

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 2 of 7

1 PAMELA J. THOMASON ANAT EHRLICH
2 DANIEL C. PRECIADO U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 255 E. Temple Street, 4th Floor Los Angeles, CA 90012
4 Telephone: (213) 894-1083
5 Attorneys for Plaintiff

98 SEP 30 AM 1/: 40
OEPUTY

6

7

8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10

/

11

'~1178H fOR

U.S. EQUAL EMPLOYMENT

CV

12 OPPORTUNITY COMMISSION,

13

Plaintiff,

CO,;MPLAINT AND JURY DEMAND

14 v.

15 PACIFIC HOMES d/b/a FREDRICKA MANOR,
16 Defendant.
17

18

NATURE OF THE ACTION

19

This is an action brought under Title VII of the Civil

20 Rights Act of 1964, as amended, to correct unlawful employment

21 practices due to retaliation, and to provide appropriate relief

22 to Mark Tate ("Tate") who was adversely affected by such

23 practices. Plaintiff U.S. Equal Employment Opportunity

24 Commission (the "EEOC" or "Commission") alleges that Tate was

25 fired by Defendant in retaliation for complaining about sexual

26 harassment.

III

III
\ 1

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 3 of 7

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28

3 U.S.C. §§451, 1331, 1337, 1343 and 1345.

4

2. This action is authorized and instituted pursuant to

5 §706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964,

6 as amended, 42 U.S.C. §§2000e-5(f) (1) and (3) and pursuant to

7 §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981A.

8

3. The employment practices alleged to be unlawful were

9 committed within the Southern District of California.

10

PARTIES

11

4. Plaintiff, "Commission, II is an agency of the United

12 States of America charged with the administration, interpretation

13 and enforcement of Title VII, and is expressly authorized to

14 bring this action under §§706(f) (1) and (3) of Title VII, 42

15 U.S.C. §§2000e 5 (f) (1) and (3).

16

5. At all relevant times, Pacific Homes d/b/a Fredricka

17 Manor, ("Defendant"), has continuously had at least fifteen (15)

18 employees.

19

6. At all relevant times, Defendant has continuously been

20 engaged in an industry affecting commerce within the meaning of
21 §§70l (b), (g) and (h) of Title VII, 42 U. s. C. §§2000e- (b), (g)

22 and (h).

23

STATEMENT OF CLAIMS

24

7. More than thirty (30) days prior to the institution of

25 this lawsuit, Mark Tate filed a charge with the u.s. Equal

26 Employment Opportunity Commission alleging violations of Title

27 VII by Defendant. All conditions precedent to the institution of

28 this lawsuit have been fulfilled.

2

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 4 of 7

1

8. Since at least December, 1995, Defendant has been

2 engaged in unlawful employment practices at its Chula Vista,

3 California location, in violation of §703(a) of Title VII, 42

4 U.S.C. §2000e 2(a) and in violation of Section 704(a) of Title

5 VII, 42 U.S.C. §2000e-3(a). These practices include firing Mark

6 Tate in December, 1995 because he complained about sexual

7 harassment.

8

9. The effect of the practices complained of above has

9 been to deprive Mark Tate of equal employment opportunities in

10 retaliation for participating in a protected activity.

11

10. As a direct and proximate result of the aforesaid acts

12 of Defendant, Mark Tate has suffered a loss of earnings in an

13 amount according to proof.

14

11. As a direct and proximate result of the aforesaid acts

15 of Defendant, Mark Tate has suffered emotional distress,

16 embarrassment, humiliation and related damages in an amount

17 according to proof.

18

12. The unlawful practices complained of above were

19 committed with malice or reckless indifference to the federally

20 protected rights of Mark Tate.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this

23 Court:

24

A. Grant a permanent injunction enjoining Defendant, its

25 officers, successors, assigns and all persons in active concert

26 or participation with it, from engaging in unlawful retaliation;

27

B. Order Defendant to institute and carry out policies,

28 practices, and programs which provide equal employment

3

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 5 of 7

1 opportunities for individuals and which eradicate the effects of

2 its past and present unlawful employment practices;

3

c. Order Defendant to pay appropriate damages suffered by

4 Tate, including back wages and benefits, together with

5 prejudgment interest, according to proof;

6

D. Order Defendant to pay compensatory damages suffered by

7 Tate, according to proof;

8

E. Order Defendant to make whole Tate, who was adversely

9 affected by the unlawful practices described above, by providing

10 affirmative relief necessary to eradicate the effects of the

11 unlawful practices, including, but not limited to, rightful place

12 employment;

13

F. Order Defendant to pay punitive damages, according to

14 proof;

15

G. Grant such further relief as the Court deems necessary

16 and proper; and

17

H. Awarding the Commission its costs in this action.

18 III 19 III 20 III

21 III

22 III 23 III 24 III 25 III 26 III 27 III 28 III

4

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 6 of 7

1

JURy TRIAL DEMAND

2

The Commission requests a jury trial on all questions of

3 fact raised by its complaint.

4

Respectfully submitted,

5

C. GREGORY STEWART

GENERAL COUNSEL

6

7

U.S. Equal Employment

Opportunity Commission

8

1801 L Street, NW

Washington, .C.

9

13
14
15
16 17 18 19
PACIFIC.eMP
20 TW (6) 21 22 23 24 25 26 27 28

U.S. Equal Employment Opportunity Commission 255 E. Temple Street, 4th Fl. Los Angeles, CA 90012
5

Case 3:98-cv-01778-W-POR Document 1 Filed 09/30/1998 Page 7 of 7
CIVlL COVER SHEET

I( a) PLAINTIFFS U.S. EQUAL EMPWYMENT OPPORTUNITY CCM1ISSION
(b) COUNTYOFRllSlDBNCllOFFIl\STLlSTEDPLAINT/FF 100 Angeleo s
( c) ATTORNEYS (FIRM NAME. ADDRllSS. AND TELEPHONE NUMBllR) Pamela J. Thama~on/Daniel C. Preciado U.S. EQUAL EMPWYMENT OPPORTUNITY C(HJ!ISSION 255 E. Temple Street, 4th Floor Lm; Angeleo, CA 90012 (213) 894-1083

DEFENDANTS
PACIFIC H~y~ ~ICKA MANOR
f?'!1fANT Sdn Diego
'98cv 17? 8 H

II. BASIS OF JURISDICl10N (pLACll AN x IN ONE BOX ONLY)

iii I us. Government
plaintiff
0 2 U.S. Government D<fendant

c 3 Federal Question (U.S. Govmuncnt Not a Party)
c 4 Div....ity (Indicau Citiunship ofParti.. In 11<:m Ill)

III. ClTIZICNSHIP OF PRINCIPAL PARTIES(PLACllANxINONEBOX

(F"DMl\i1yCues Only)

FOR PLAIN"l1FF AND ONilFORDEFIlNDANT)

PTF DEF

PTF .flEF

Citizen of'!'his State 01 Cl 1 1noo1JlOl1ll<d or Principal PI""" of D 4 c 4

SUS"""" In '!'his State

Citizen of Another State c 2 c 2 Incorpontod and Principal PI... of a S c S Businas In Another State

Citizen or Subject of. a3 a3 F....ign Nation

c 6 a6

IV. ORIGIN
~ I Original "2 Removed from

PJ"OCUding

SIJIU Cnurt

(pLACEANx IN ONE BOX ONLy)

,,3 Remanded from C 4 Rcinstmd or a 5 Tnnsfcnod from

AppeU... Cnurt

Reopened

ano1hcr district

(speciM

V. REQUESTEDIN "CHECKlFTInSlsACLASSACl10N DEMANDS

COMPLAINT:

UNOIlRF.R.C.P.23

a 6 Muhidistrict Litiptioo

,,7 Appeal to Di.strict
Jud&e from Magi>1rItc
Judgment

Chock YES only ifdemanded in complaint.:

JURy DEMAND: IS: YES C NO

VI, CAUSE OF ACl10N (cm;THIlU.S.CMLSTATImlUNOllRWHlCl!YOUARBFlLINOANDWRITBABRlIlJlSTA'l1!MllNTOFCAIJSE. DO NOT em; ruRlSDICTIONAL SlATImlS t1NLI!SS DIVllRSITY.) Action regarding emp10ywent diocrimination purouant
to Title VII of the Civil Right:; Act of 1964, do amended.

o

o 400 State

" II 0 Insurance

Reapportionment

0 120 Marine

"410 Antiwst

" 130 Miller Act

0430 Bank> and Bank.ing

" 140 Ncgotiohle /nstnlment

0450 CnmmerctilCC Rates/e\<:. "ISO ReoovcryofOvapaymtll!

a 460 Deportation

& E.nforoc:ment of

a 470 Racketeer lnI1uenocd and

Judgment

Conupt Organizations al51 Modi""", Act

0810 Selective Service

el52 Rooovery ofD<faultcd

e 810 S.curities/Commodities/

Student Loans

Exchange

(Exol Veterans)

"875 Customer Challeng. " 153 Recovery ofOvcrpaymcnt

12 USC 3410

OfVII\mn', BtnefI1a

,,891 Agricultural Act

0160 Sto<:kholders' Suits

o 892 Economic St.abiJiz.ation 0 190 0Ihcr Cnn1nIct

Act

0 195 Contract ProdlI<:I Liability

o 893 EnvironmcnW MalIJmi

o 894 Energy Allocation M

MALPROPERIT

0895 Freedom ofWormaIion

Act

a 900

of Fee Dctermi~

.on UncI<r Equal

to lustice

950 . 'onalityof

0210 Land CoodemnaIioo
a 220 F.....ooun:
0230 Rentl..ease&Ejoctment
o 240 Tona to Land e 245 Tort Product Liability
a 290 All Other Rca11'1operty

SIJIU Statutes

Other S1.aIutory

ct'o

PERSONAL INJURY CI 310 Ailplane e 315 Ailplano Product
Liability e320 Assault, Libel &
S1An<Iot a330 Federal Employ""
Uabi1ity 0340MJrine
a 345 Marine Product
Liability 0350 Motor Vehicl. e3SS Motor Vehicle
ProdlI<:IUabi1ity
0360Other~
il\iwy
CMLR!G!IT8 0441 Voliag .442 Employmcnt
" 443 HOUJin&! A<:oomrnoIlaIi"",
"444 Wolf...
a 440 0Ihcr Civil RiBfU

PERSONAL INJURY e610Agriculture

o 422 Appeal

o 362 Pmonal il\iwy' CI 620 0Ihcr Food & Drug

28 USC 158

. Med MalprlQtice 0625 Drug RoIatocI

" 423 Withdrawal

o 365 Penonal il\iwy-

Seimrc ofPropaty

28 USC 157

ProdlI<:I Liability

21 USC 881

o 368 AJbcstos Pmonal 0 630 Liquor Laws

PROPERJX RIGJITS

iDJwy Product a 640 R.R. & Tru<k

Liability

" 650 Airline ReII'

PERSONAL PROPERTY 0 660 Occupational

e 370 0Ihcr Fraud

SafctylHea1th

" 8:10 Cnp)Tigbts 0830~ ..
o g4Q TnodatwI<

-:-==-_ _ ,,371 Truth in Leuding " 690 0Ihcr
"380 0Ihcr Pmona1 _ _

SOCIALSECUBrrx
1 " 861l!iA(1395l1)

I'Ioperty Damage

LABOR

e862 BlId< Luug (923)

e3SS I'Ioperty Damage 0710 Foir lAbor

a 863 DIWCJDlWW

Produol Liabilily

Studatds Act

(4Ol(g)

o 720 LaborIMgmt.

0 164 SSID TrtI. XVI

Relations
o 730 Labor/MgmI.

0 865 RSI (4OS(g)

a 510 Moli"""to Vaca14

Reporting &

FEDERAL TAX SUITS

S_1Iobeu

DiJclosure Act

0"0 T..... (U.S.

Coopus

,,740 RoiIway lAbor

P1ainti1f ...

o 530 0encraI

M

D<f_)

"535 Death Penally

0 790 Other lAbor

" l7IIl(S.ThinI party

o S40 Mandamus '" Other

Utlgation

a 550 Civil Rights

0 791 EmpL Ret. Inc.

26 USC 7609

o 55 S Prison Cooditioo

Scwrity Act

I(a), IDENTICAL CASES: Has this action been previously filed and dismissed, remanded or closed? _X_ No

Yes

Ifyes, list casenwnber(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ _ _ _ _ _ __

CV71 (3/97)

CIVIL COVER SHEET • c.atinued OIl R.......

Page lor2

 
 Case 3:98-cv-01778-W-POR Document 10 Filed 03/01/1999 Page 1 of 5 USDC SCAN INDEX SHEET

LMH 3/1/99 3:98-CV-01778 *10* *STIPO.*

15:52 EEOC V. PACIFIC HOMES

Case 3:98-cv-01778-W-POR Document 10 Filed 03/01/1999 Page 2 of 5
-----_."---_..

1 PAMELA ,J. THOMASON

ANAT EHRLICH

2 DANIEL C. PRECIADO

U.S. EQUAL EMPLOYMENT

3 255 E. Temple Street,

Los Angeles, CA 90012

4 Telephone: (213) 894 1081

\', '

5 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
6 OPPORTUNITY COMMISSION

7

8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10

11 U.S. EQUAL EMPLOYMENT

) Case No. CV-98-1778-TW(POR)

OPPORTUNITY COMMISSION,

)

12

) STIPULATION FOR SETTLEMENT

Plaintiff,

) AND; ORDER

FOR

13

) DISMISSAL

v.

)

14

)

PACIFIC HOMES d/b/a

)

15 Fredericka Manor,

)

)

16

Defendant.

)

17 ----P--la-i-n-t-if~f-U--.S-. -E-q-u-a~l -E-m-p)loyment Opportunity Commission

18 ("EEOC") filed a complaint in this action alleging Defendant

19 Pacific Homes d/b/a - Fredericka Manor fired Mark Tate in

20 retaliation for complaining about sex harassment, in violation of

21 Title VIr of the Civil Rights Act of 1964 ("Title VIr"), 42

22 U.S.C. Sections 2000e .e.t~. Defendant filed an answer to the

23 complaint denying that it violated Title VII.

24

This settlement resolves all claims raised in the complaint.

25 The parties stipulate as follows:

26

1. This settlement resolves all claims between Plaintiff

27

EEOC and Defendant relating to the asserted practices

28

of Defendant which are raised by Plaintiff EEOC's

~

~ ENTERED ON3t

•

Case 3:98-cv-01778-W-POR Document 10 Filed 03/01/1999 Page 3 of 5

1

complaint. This settlement is final and binding upon

2

the Plaintiff EEOC and Defendant, as well as upon their

3

successors and assigns.

4

2. Nothing in this settlement shall be construed in any

5

way as an admission of liability by Defendant.

6

3. Defendant shall have a yearly training program for its

7

managers and supervisors on its policies and procedures

8

against sex harassment and retaliation under Title VII.

9

4. Defendant will also distribute its policy and procedure

10

statement against sex harassment and retaliation to all

11

managers, supervisors and employees, or obtain

12

confirmation in writing from each such person that they

13

still possess Defendant's current policy and procedures

14

against sex harassment and retaliation,as stated in

15

Defendant's company handbook, within in 20 business

16

days after dismissal of this lawsuit.

17

5. Upon completion of the required distribution referred

18

to above in paragraph 4, Defendant will so advise the

19

EEOC. Such notice will be sent to Daniel C. Preciado,

20

Equal Employment Opportunity Commission, 255 e. Temple

21

Street, 4th Floor, Los Angeles, California 90012.

22

6. Defendant shall pay Mark Tate $14,000.00 in damages.

23

Defendant will send the money to Mr. Tate, via

24

certified mail, return receipt requested, within 10

25

days from the date Plaintiff and Defendant sign this

26

agreement. The check will be mailed to Mr. Tate at 310

27

"G" Street, #2, Chula Vista, CA 91910. A copy of the

28

check will be sent to EEOC at the same time that

2

Case 3:98-cv-01778-W-POR Document 10 Filed 03/01/1999 Page 4 of 5

1

Defendant mails the check to Mr. Tate.

2

7. If Plaintiff determines that Defendant has not compiled

3

with this settlement, then Plaintiff will so notify

4

Defendant's undersigned counsel in writing. Defendant

5

shall have thirty (30) days from their counsel's

6

receipt of such notice to investigate and to attempt to

7

correct the claimed violation. The parties will

8

attempt in good faith to resolve the matter through

9

informal conciliation. In the event that the matter is

10

not resolved through informal conciliation, the EEOC

11

may institute formal proceedings with the Court for any

12

appropriate order to enforce the settlement.

13

8. Each party shall bear its own costs, expenses and

14

attorney's fees.

15

9. It is hereby stipulated and agreed to by and between

16

the EEOC and Defendant that the Court may dismiss

17

Plaintiff EEOC's lawsuit pursuant FRCP 41 (a) (1) (ii) .

18 For Plaint~ U.S. ~ual Employment Op

19 Dated: ~~~.~~

-p~m-e~l~a~J~.~T~h~o~m-a~s~o~n~~~

20

Regional Attorney

U.S. Equal Employment

21

Opportunity Commission

?r- 'l? 22

For t~De;J,ndant Pacific

23 Dated:

5" I

24

icka Manor,

25
26 III 27 III 28 III

Attorneys for Defendant Pacific Homes

3

Case 3:98-cv-01778-W-POR Document 10 Filed 03/01/1999 Page 5 of 5

1

ORDER

2

Upon review and consideration of this Stipulation, IT IS

3 HEREBY ORDERED AND ENTERED THAT THIS CASE BE DISMISSED IN ITS

4 ENTIRETY WITH PREJUDICE.

5 Dated:
6 7

Hon. mas J. Whelan Judge the U.S. District Court, Southern District of California

8

9

10
11 Pacific.hom tw (8)
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4

 
 CM/ECF - casd - Docket Report

https://ecf.casd.uscourts.gov/cgi-bin/DktRpt.pl?621877685577859-L_9...

U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:98-cv-01778-W-POR

TERMED

EEOC v. Pacific Homes Assigned to: Judge Thomas J. Whelan Referred to: Magistrate Judge Louisa S. Porter Demand: $0 Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 09/30/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by U S Attorney CV U S Attorneys Office Southern District of California Civil Division 880 Front Street Suite 6253 San Diego, CA 92101 (619)557-5662 Fax: (619)557-7122 Email: Efile.dkt.civ@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela J Thomason Equal Employment Opportunity Commission 255 East Temple Street Suite 400 Los Angeles, CA 90012-3334 (213)894-1083 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Pacific Homes doing business as Fredricka Manor

represented by B Scott Silverman Morrison and Foerster 555 West Fifth Street Suite 3500 Los Angeles, CA 90013-1024 (213)892-5200 Fax: (213)892-5454 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 2

6/13/2007 11:53 AM

CM/ECF - casd - Docket Report

https://ecf.casd.uscourts.gov/cgi-bin/DktRpt.pl?621877685577859-L_9...

Date Filed 09/30/1998 09/30/1998 11/16/1998 11/18/1998 12/01/1998 12/02/1998 12/14/1998
12/16/1998 02/05/1999
03/01/1999

#

Docket Text

1 Complaint Filed; (referred to Magistrate Louisa S. Porter) Receipt No/Amt of Fee: fee waived (llb) (Entered: 09/30/1998)
2 Summons issued on 9/30/98 (llb) (Entered: 09/30/1998)
3 Order by Judge Marilyn L. Huff case reassigned to Judge Thomas J. Whelan (cc: all counsel) (dkt clerk) (Entered: 11/17/1998)
4 Waiver of service of summons by defendant Pacific Homes on 11/6/98 (dkt clerk) (Entered: 11/19/1998)
5 Order by Judge Thomas J. Whelan: Setting form of pretrial order and scheduling submission of documents to the ct. (cc: all counsel) (dkt clerk) (Entered: 12/02/1998)
6 Answer to complaint by defendant Pacific Homes t/w prf svc (dkt clerk) (Entered: 12/03/1998)
8 Minutes: Enter Order by Magistrate Louisa S. Porter; due to the court's congested calendar, the court finds good cause to schedule the ENE outside the 45 day period from the filing of an Answer as required by local rule 16.1(c) (cc: all counsel) (bar) (Entered: 12/21/1998)
7 Order by Magistrate Louisa S. Porter E.N.E. Conference set for 9:00 2/5/99 (cc: all counsel) (dkt clerk) (Entered: 12/17/1998)
9 Minutes: Enter Order by Magistrate Louisa S. Porter: E.N.E. Conf held. Settlement reached and placed on the record (tape #1;173-860. Stipulation for dismissal shall be submitted to the district judge by 2/24/99, if not a Settlement Dispo Conf shall be held at 9:00 on 2/26/99 before the Honorable Lpuisa S Porter. (dkt clerk) (Entered: 02/08/1999)
10 Stipulation and Order by Judge Thomas J. Whelan : case dismissed in its entirety w/prejudice, terminating case . (lmh) (Entered: 03/01/1999)

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