• Case 2:04-cv-08051-GAF-PLA

Document 19

•Filed 10/17/2005

Page 1 of 11

Anna Y. Park, SBN 164242 Peter F. LauraLSBN 116426 2 EQUAL EMP OYMENT OPPORTUNITY COMMISSION 3 255 East Tem"Qle Street, 4th Floor Los Angeles CA 90012 4 Telephone: (213) 894-1076 FacsImile: (213) 894-1301 5 Attorneys for Plaintiff 6 EOUALEMPLOYMENT OP'PORTUNITY COMMISSION 7

8 Kelvin C. Berens

Rachel K. Alexander

9 BERENS & TATE, P.C.

10050 Regency Circle, Suite 400 10 Omaha, NE 6~ 114

11

Telephone: (402) 391-1991 FacsImile: (402) 391-7363

12 L. STEPHEN ALBRIGHT

13

17337 Ventura Boulevard, Suite 208 Encino, CA 91316

14

Telephone: (818) 789-0779 FacsImile: (818) 784-0205

15 Attorne},s for Defendant 16 CLOUUHERTY PACKING COMPANY

ENTERED
CLERK. U,S, DISTRICT COURT

OCT I 92005

CENTRAL OIS~~ CALIFORNIA

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DEPUTY

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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CASE NO. CV 04-8051 GAF (PLAx)

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Plaintiff,

.fPIt6I~EB1 CONSENT

ER 24 CLOUGHERTY PACKING

COMPANY d/b/a FARMER JOHN

25 AND DOES 1-10, inclusive,

26

Defendants.

27

28

THIS CONSTITUTES NOTICE OF ENTRY

AS REQUIRED BY FRCP, RULE 77(d)

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Case 2:04-cv-08051-GAF-PLA BDEoREcNuSm&enTtA1T9E

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2

INTRODUCTION

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Plaintiff U.S. Equal Employment Opportunity Commission ("EEOG'! or

4 "Commission") and Defendant Clougherty Packing Company, d/b/a Fanner John,

5 ("Farmer John ") hereby stipulate and agree to entry 6fthis Consent Decree to resolve
6 the Commission's Complaint (the "Complaint"), flled under Title vn of the Civil

7 Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). This

8 Consent Decree resolves all issues raised by the EEOC in the present lawsuit

9 involving the Charging Party, Donnie Gaut, ("Charging Party") and the additional

10 Claimants, including Chris Allen, Gilbert Dawson, Kenneth Dawson, Dawed Seid,

11 Robin Griggs, and Samuel White, (the "other Claimants"). (The "Claimants" refers

12 to both Charging Party and the other Claimants unless otherwise specified).

13

II.

14

PURPOSES AND SCOPE OF THE CONSENT DECREE

15

A. The parties to this Consent Decree ("Decree") are EEOC and Farmer

)6 John. The scope ofthis Decree includes Farmer John's operations at its Los Angeles,

17 California facility. Thls Decree shall be binding on and enforceable against Farmer

18 John and its officers, directors, agents, successors and assigns, and against the

19 Commission for the effective period of the Decree as noted in section V.

20

B. The parties have entered into this Decree for the following purposes:

21

1. To provide relief agreed upon through settlement for the

21

Claimants;

23

2. To ensure that Farmer John's employment practices to comply

241

with federal 1aw;

25

3. To avoid expensive and protracted costs incident to litigation; and,

1

2~

4. To provide a final and binding settlement upon the parties as to all

27

claims alleged by the Commission in the Complaint filed in this

281

action.

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Case 2:04-cv-08051-GAF-PLA

DBoERcEuNmSe&n. tT1A9TE

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III.

2

RELEASE OF CLAIMS

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A. This Decree fully and completely resolves all issues, claims,vand

4 allegations made by the EEOC against Fanner John that are raised in the Complaint

5 med in this action in the United States District Court, Central District of California on

~ September 28,2004, captioned U.S. Equal Employment Opportunity Commission v.

7 CloufWertyPackingCompanyd/blaFannerJohnandDOES 1 to IO,Inclusive, Case

8 No. CV 04-8051 GAF (PLAx).

9

B. Nothing in this Decree shall be construed to preclude either party from

10 bringing suit to enforce this Decree in the event that any party hereto fails to perform

11 the promises and representations contained herein.

12

C. Nothing in this Decree shall be construed to limit or reduce Farmer

13 John's obligation to comply !tilly with Title VII or any other federal employment

14 statute.

15

D. This Decree in no way affects the EEOC's right to bring, process,

16 investigate, or litigate other charges that may be in exi stence or may later arise against

17 Farmer John in accordance with standard EEOC procedures.

18

E. The existence of this Consent Decree or settlement of the claims in the

19 Commission'S Complaint, in general, may not be construed in any way as an admission

20 of any liability on Farmer Jo1m's part.

21i

IV.

I

22

JURISDICTION

231

A. The Court has jurisdiction over the parties and the subject matter ofthis

2~4 lawsuitpursuantto 28 US.c. §§ 451,1331,1337,1345,1367 and 42 U.S.C. § 2000e~

25 5(f). The Complaint asserts claims that, ifproven., would authorize the Court to grant

2 the equitable relief set forth in this Decree. The tenns and provisions of this Decree
27i are fair, reasonable, and just. This Decree conforms with the Federal Rules of Civil I
2~ Procedure and Title Vll and is not in derogation of the rights or privileges of any
,

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Case 2:04-cv-08051-GAF-PLA

DBEoRcEuNmS e&nTt A1T9E

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op 1 person. The entry ofthis Decree will further the objectives ofTitle VII and will in

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2 the best interests of Farmer John, the Commission, and those for whom::fthe

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3 Commission alleges relief is appropriate (the Claimants).

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4

B. The Comt shall retain jurisdiction of this action during the duration of the

5 Decree for the pwposes of entering all orders, judgments and decrees that may be

6 necessary to implement the relief provided herein.

7

V.

8

EFFECTIVE DATE AND DURATION OF DECREE

9

A. The provisions and agreements contained herein are effective

10 immediately upon the date which this Decree is entered by the Court (lithe Effective

11 Date").

12

B. The duration ofthis Consent Decree shall be four years from the date of

13 the Effective Date.

14

VI.

15

MODIFICATION AND SEVERABILITY

16

A. Tbis Decree constitutes the parties' complete understanding with respect

17 to the matters contained herein. By the parties' mutual agreement, this Decree may be

18 amended or modified in the interests ofjustice and fairness in order to effectuate the

19 provisions of the Decree. No waiver, modification, or amendment of any provision

20, of this Decree will be effective unless made in writing and signed by an authorized

211 representative of each of the parties,

22

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

231 unenforceable, the parties shall make good faith efforts to agree upon appropriate 2~ amendments to this Decree in order to effectuate the purposes of the Decree. In any

25 event, the remaining provisions will remain in full force and effect unless the purposes
i
26 of the Decree cannot, despite the parties' best efforts, be achieved.

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VII.

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COMPLIANCE AND DISPUTE RESOLUTION

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A. The parties expressly agree thatifthe Commissionhas areason to beli€lve

4 that Fanner John has failed to comply with any provision of this Consent Decree, the

5 Commission may file a motion before this Court to enforce the Decree. Prior to

6 initiating such action, the Conunission will notify Fanner John and its legal counsel of .
7 record, in writing, of the nature of the dispute. This notice shall specify the particular

8 provision(s) that the Commission believes has/have potentially been breached. Absent

9 a showing by either party that the delay will cause irreparable hann, Fanner John shall

10 have thirty (30) days to attempt to resolve or cure the breach in a manner satisfactory

11 to both parties.

12

B. The parties agree to cooperate with each other and use their best efforts

13 to resolve any dispute referenced in the EEOC notice.

14

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

1S the time further, the Commission may petition this Court for resolution ofthe dispute,

16 seeking all available relief, including an extension ofthe term ofthe Decree for such

17, period of time as Fanner John is shown to be in breach of the Decree and the

18 Commission's costs incurred in securing compliance with the Decree.

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VIII.

20,

MONETARY RELIEF

21

Fanner John, in settlement ofthis dispute, shall pay to the Charging Party and

22; the Claimants the following amounts as provided herein.

I'

23'

A. Fwmer John shall pay a total of$ 110,000.00 as alleged damages to the

2~ Claimants. Within ten business days after the Effective Date, Fanner John shall mail

251 to the Commission at the address listed above, via certified mail, checks payable to the

26' Claimants and to be apportioned in the following manner:
21 I'
28

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Case 2:04-cv-08051-GAF-PLA

DBoERcEuNmS e&ntT1A9TE

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1. Donnie Gaut

$50,000

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2. Chris Allen

$10,000

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3. Gilbert Dawson

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4. Kenneth Dawson

S10,000

5

5. Dawed Seid

$10,000

6

6. Robin Griggs

S10,000

7

7. Samuel White

S10,000

8

9

B. As the parties agree that the $110,000.00 total payment represents

10 compensatory damages under Title VII, Farmer John is not required to make any

11 employer contributions, except that it must issue 1099 fonns or the equivalent as

12 required by law for the payment made to each Claimant. These Fonn 1099s will also

13 be distributed to the Commission upon issuance.

14

C. A copy of the checks and accompanying transmittal papers shall be

15 contemporaneously forwarded to the EEOC. The EEOC shall provide Fanner John

16, with valid addresses for each Claimant to allow Farmer John to transmit the checks

17 and Form 1099s accurately. There shall be no recourse against Fanner John if any

]8 check or Fann 1099 is not received by any Claimant as aresult ofthe EEOC providing
19 an invalid address. If such a situation should occur, Fanner John will forward the
20i document (check orFonn 1099) to the EEOC for service upon the Claimant at issue.

211

IX.

GENERAL INJUNCTIVE RELIEF

A. Posting

21

Within ten business days after the EffectiveDate and throughout the term ofthis

25' Decree, Fanner John shall post notice (attached as Exhibit liN) of the tenns of this 2~ Decree in at least one clearly visible locations frequented by employees at the location

21. covered by trus Decree. This posting shall remain in place for two years from this
28. Decree's Effective Date.
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Case 2:04-cv-08051-GAF-PLA BDEoREcNuSm&enTtA1T9E Filed 10/17/2005 Page 7 of @11007

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B. Training

2

On at least two separate occasions during the Decree's effective period, iiI! of

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3' Fanner John's managerial employees shall be required to attend an intensive trailiing

,

4 program of at least three hours with regard to compliance under Title VIT. The

5 training shall be mandatory. All such training shall include coverage of the subjects

6 of equal employment opportunity rights and responsibilities, including but not limited
,
7, to Title VII's prohibitions against discrimination.

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9

RECORD KEEPING AND REPORTING

l O A . Record KetWine

111

Fanner John shall (1) submit annual EEO-l reports pursuant to applicable law,

12; (2) shall maintain supporting docl.Unentation as required by applicable law, and (3)

13; shall maintain employment applications and resumes as required by applicable law.

14

B. Audit Report

1

15

Within sixty caleruilir days after each annual anniversary date of the Effective

Id Date, Farmer John shall conduct an annual audit of the previous twelve-month
~1 period (the"Audit Period H) and submit a written report (the"Audit Report") to the ,

18' EEOC stating the total number of persons identified by race who were hired at the

lei location covered by this Decree during the Audit Period.

2d

In addition to the Audit Report to the EEOC specified above, Farmer JOM shall

1

211 provide a list providing the names for all those who attended any training sessions

221 described in section IX(B) to the EEOC in writing, by mail or facsimile, if any such
1
23' training session.<; took place during the applicable twelve-month period.

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Xl. COSTS OF ADMINISTRATION AND IMPLEMENTATION

26

OF CONSENT DECREE

1

271

Farmer John shall bear all costs associated with its administration and

28: implementatioll of its obligations under this Consent Decree.

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1

XII.

2

COSTS AND ATTORNEYS' FEES

3

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

4

XIII.

5

MISCELLANEOUS PROVISIONS

q

A. During the term. of this Consent Decree, Fanner John shall provide any

7 potential successor-in-interest with a copy of this Decree within a reasonable time of

8 not less than thirty days prior to the execution of any agreement for acquisition or

9 assumption ofcontrol ofany or all ofFanner John's operations, or any other material

10 change in corporate structure, and shall simultaneously inform. the EEOC of same.

11

B. During the term. of this Decree, Farmer John and its successors shall

12 assure that each of its officers, managers, and supervisors is aware of any term. in this

13 Decree which is related to hislher job duties.

14

C. The parties agree to entry of this Decree and judgment subject to final

15 approval by the Court.

16

EOUALEMPLOYMENT

OPPORTUNITY COMMISSION

17

Anna Y. Park

Peter F. Laura

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191 Date: 20

211
22

23

.BERENS & TATE, P.C.

1

Kelvin C. Berens

24

Rachel K. Alexander

25 2 Date: October 13, 2005 271
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BY;~H ~ ac e.

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Attorneys for Defendant

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Case 2:04-cv-08051-GAF-PLA

DBoERcEuNmSe&ntT1A9TE

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Page 9 of 11141 009

1

[PROPOSED] ORDER

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The provisions of the foregoing Consent Decree are hereby approved5md

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, compliance with all provisions thereof is HER Y ORDERED.

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e, Date:

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. · Case 2:04-cv-08051-GAF-PLA Document 19 Filed 10/17/2005 Page 10 of 11
Exhibit A

Case 2:04-cv-08051-GAF-PLA

• DoBcEuRmENeSn&t 1T9ATE Filed 10/17/2005

Page 11 of 11/liO.l0,

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EXHIBIT "A"

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NOTICE TO ALL EMPLOYEES

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This NotIce is being posted pursuant to a Consent Decree voluntarily entered into by

, Clougherty Packing Company, d/b/a Farmer John, ("Farmer John") and the Equal Employment

5 Opportumty Commission ("EEOC") and approved by the United States Distnct Court for the

Central District of California..

The EEOC has alleged that Farmer JOM failed to hire Mrican-American applicants because
7 of their race in violation oUide vn of the Civil Rights Act of 1964 ("Title VIl"). Farmer John
denies the allegations. 8
To resolve the lawsuit in lieu of expending further resources, the parties have entered into
9 a Consent Decree which requires, among other things, that Farmer John:

10,

1) provide periodic reports to the EEOC regarding hiring; and

11

2) provide training to its managerial employees regarding discrimination law.

12

The EEOC enforces the federal laws against discrimination in employment on the basis of

disability, race, color, religion, national origin, sex, pregnancy, and age. Ifyou believe you have

13 been discriminated against, you may contact the EEOC at 255 E. Temple Street, 4th Floor,

Los Angeles, CA; (213) 894-J 000; or the CalifomiaDepartment ofFair Employment and Housing
14 (DFEH) at (213) 439-6799. The EEOC charges no fees and has employees who speak languages

other than English.
15

No action may be taken against you by any management official of Farmer John for: (1)
16 opposing practices made unlawful by federal law, (2) filing a charge or assisting or participating in

the :filing of a charge of discrimination, or (3) assisting or participating in an investigation brought
17 under Title vn. Should any such retaliatory actions be taken against you, you may contact the

EEOC or the DFEH at the address listed above.

18

THIS IS AN OmCIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
19

This Notice must remain posted for two (2) years from the date below and must not be
20 altered, defaced, or covel'ed by any other material.

. U.S. District Judge

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1 AN1\lA Y. PARK, SBN 164242

PETER F. LAURAtSBN 116426

2 U.S. EQUAL EMP OYMENT

OPPORJUNITY COMMISSION

3 255 East Tem121e Street, 4th Floor

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Los Angeles CA 90012 4 Telephone: (213) 894-1076

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Facsimile: (213) 894-1301 5 Attome~for Plaintiff

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No.

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Plaintiff,

COMPLAINT .. CIVIL RIGHTS EMPLOYMltNT

12
v.
13
CLOUGHERTY PACKING CO,,,? 14 d/b/a FARMER JOHN and DOE;:> 1
to 10, Inclusive;

DISCRIMlNATION
(42 U.S.C. Section 2000e, et seq.; 42
U.S.C. Section 1981a) D:EMAND FOR TRlAL BY JURY

15 Defendants.

16

17

18

NAtURE OF THE CASE

19

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

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20' .' Civil Rights Ad of 1991 to correct intentiot?-13X:.~d ~Qla~fut~mp~bYm~n~:·pr;~~t~c:~~.. '. . . '

j,tF:. ~t\:..{.;~,~!~~;~~~~~,·?~tace.~:::~d,to.m.~e:~h6.J~::·~b~~e:~.~;G~~~~:;·~~~~:~~~~~r~~i.~~~~~~l:~R:·'::: .;. ·..".", . .:.:.:. " ..:"." ...:i ,. '1' '" .:.;,j",',:..~:'. "...,-: ':"'" .•...:I. .. • '" •

• _'.. • .: t- .'. . ."., ":., ".~.' • " :.... :- ,. ': '::.'. ':l'.::.'.1._": .'~ -. ":." ~~'.~",'J 'J:J ~ ~.,I ,~:'::' ~•.!;:',., '. ~':L' ,r;."Z.:=L: ,:~:\t ;,.I,:~, ~~.'I -i,:I~': ..~:.: ':"'.":'+~' ~'~:.':.L ~I :,:~jl .':..1..... '.. " ~"I' '. I,'·' '".

,.\' S22' " al'~pliCl:1bts Who' 'applied for emt>.loYrtlent With Clough~ t)acldng"Co; :;.d!b(a:Fanner

.; 23 John ("Fanner John"), as full-time entry-level production/warehouse workers, who
7 ifJ 24 were adversely affected by such practices. TIle PlaitltiffU.S. Equal Employment

2S Opportunity Commission ("Commission" or '~EEOC") alleges that Farmer John

26 discriminated against Donnie L. Gaunt and similarly situated Black applicants by

27 failing to hire them because oftr:e r ~I\I~-.':';1:I ON eM

28 //1

OCT _ 52004 IY ~

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The Commission alleges that Defendant has engaged ina nd continues to

2 engage in recruitment practices which discriminate against potential Black applicants

3 for employment. As a result of these practices, Blacks have been denied equal

4 employment opportunities. The Commission further alleges that Defendant failed to

5 maintain and preserve employment records and failed to provide reports to the

6 Commission as required by federal law.

7

JURISDICTIQN AND VENUE

8

1. jurisdiction of the Court is invoked pursuant to 28 U .S.C. Section 451,

9 1331, 1337, 1343 and 1345. 111is action is authorized and instituted pursuant to

10 Section 706(£)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as

11 amended, 42 U.S.C. Sections 2000e-5(f)(I) and (3) and 2000e..6 (nTitle VII"), and

12 Section 102 of the Civil Rights Act of 1991~ 42 U.S.C. § 1981a.

13

2. The unlawful employment practices alleged herein were committed within

14 the jurisdiction of the United States District Court for the Central District of

15 California.

16

PARTIES

17'

3. The EEOC is an agency of the United States ofAmerica charged witllthe':

18 administration, interpretation and enforcement of Title vn and is expressly

and 19 authorized to bring this action by Sections 706(f)(I) and (3) 707(e) of Title VlI,

.

.

.

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. I : ii. ~':. ahc1llS:a California corporation continuously doing 1:m~i~essirit1ie ·CeIifralr.Hs1ii'cfo(·· .

23 . California, and continuously had fifteen or more employees.

24

5. At all relevant times, Fanner John continuouslywas an employer engaged

25 . in an industry affecting commerce within the meaning of Section 701(b), (g) and (h)

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

27 1/1

28 III

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1

CONDITIONS PRECEDENT

2

6. More than thirty (30) days prior to the institution of this lawsuit, Donnie

3 L. Gaunt filed a charge with the Commission alleging that Farmer John violated Title

4 VII.

5

7. Prior to institution ofthis lawsuit, all conditions precedent were satisfied.

6 The Commission's representatives attempted to eliminate the unlawful employment

7 practices hereinafter alleged and to affect voluntary compliance with the Act through

8 informal methods of conciliation.

9

£TATEME}JT OF CLAIMS

10

8. Since at least November 2002, Farmer John has engaged in unlawful

11 employment practices in violation of Sections 703(a)(l) and 707 of Title VII, 42

12 U.S.C. Sections 2000e-3 and 2000e-6. These violations include failing to hire

13 Donnie L. Gaunt and similarly situated Black applicants not hired by Farmer John

14 because oftheir race, Black. Farmer John also engaged in recruitment practices that

15 violate Title VII by discriminating against Blacks.

16

9. The effect of the practices complained of above has been to deprive

17 Donnie L. Gauntand other similarly situated Black applicants for full-time. entry-

18 level production/warehouse workers of equal employment opportunities and to

19 otherwise adversely affect their employment status because of their race {Black}',

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.' '. 1_0~'_ ',:A,~ ·~.;.9i~~~~ and. proximate result. ofthe .~for.es·~~~:.~9!~.~~.+i·,¥~~j~.Wr.:!9Jm:~;~:: ,':~
W~:i':.l·t·f:.:~"~"~:~'.·:·~·i·;,~j:l',,':.:\·~~f~:·~~{.:;0:.·@:~<f;::·.:::~:''/·'!;:df'f:l;·I,;/~::,':~.~";~W?~:f·:·i:W:';;:i.Y•·· S1.t't.i.'!l·t·~~-. ~':t.;B.'{~~·.k:,'.;l>:-.:..~,~.;p:.:'{'·:'~::~·'m}.~:'t:,>·".b~~y'~rt::i·:<tS::~i't.,~:t:~~,~·;:';~~~Fl·l:!d.·:;~::~;~.:;·'?!~~.:~,t:-t::~>:~~:,y1:;:!:.;,;~::.:".:,;:,~:~:·:·:';r::::':";'~::·:,\~o<:'·.::::':::',i''~=:;

'::"

22 "::distress~';~mbtihts~frteft('htlttllliation and related dttttlc1gt·s inatl"l:lmoUrli ac"6(jrClihrdo' ."" . ".

23 . proof

24

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

25 ..Donnie L. Gaunt and similarly situated Black applicants have suffered a loss of

26 earnings in an amount according to proof.

27

12. The unlawful employment practices complained of above were and are

28 intentional within the meaning of the 1991 Civil Rights Act.

3

1

13. Farmer John has acted with malice or reckless indifference to federally

2 protected rights of Donnie L. Gaunt and similarly situated Black applicants.

3

14. Farmer John has violated 29 C.F.R. § 1602.14, by failing to make and

4 preserve employment records required by the Commission necessary to the
5 Commission's administration of TitIe VII. More specifically, Farmer John

6 failed to maintain and preserve for a period of one year job applications, or resumes,

7 and failed to maintain and preserve relevant job applications or resumes in violation

8 of 29 C.P.R. § 1602.14.

9

15. Defendant has violated 29 C.F.R. § 1602.7 by failing to comply with

10 reporting requirements as required under federal law. Specifically, Defendant failed

11 to file EEO-l reports as requited.

12

PRAYE~FQR RELIEF

13

Wherefore, the Commission respectfully requests that this Court:

14

A. Grant declaratory relief that Farmer John has violated Title VIl by

15 discriminating in hiring because of race;

16

B. Grant a permanent injunction enjoining Farmer John, its officers,

17' .sccceseors, a'ssigtts ahd allpersons in active concert or participation with it, from

18 engaging in any employment practices which discriminate on the basis of race or

19 retaliate against employees for engaging in activity protected under Title VII;
,'.' ",::.:".:2~:"~,,;·,,~,,,,':·;;'j'::.,·.'·~i::~.,.::""":,~;:~~~t;~.::;;.·~~r:l:9~:,,t~~:··:,~~\rete..:~~,.":~~ :~~~'I7:~J~~~~~,~~~~~0f:'~~?~:~:·;~~~}I;;;~;~L::·:I:::'::::,i~::i;f;;.:;I~:;;;
'. ':'. :;,:}~J~: :,~~.p;r~~~~~',~~~~~~~;.:J~~~Y~'~~:'L~~~':.::~:m~~pytll~t., ~1?1'b~1t1eS;;{~":~~~·~~:J~~~~~~!~~~?~~::f;P/:Jr7:~tt'X~f
, 2i .···er~diciat~:t1re':~tf~·c:ts ·tirp~st·:Md pt~setit-\Ullawful e1tlplbymetit:Pf~btic6s;" ". ,':.". .: , '.-:. :~.:::: .

23

b. Grant ajudgment requiring Fanner John to make Donnie L. Gaunt and

24' ··sirtllhrt!ysituated :Black applicantswhole by paying to them'appmpriate back pit, '

25 interest, lost benefits, rightful place employment, compensatory damages, and

26 punitive damages in an amount to be proven at trial;

27

E. Order Farmer John to institute non discriminatory recruitment practices

28 that discriminate against African Americans;

4

1

F. Order Fanner John to maintain records as required under Title VII;

2

G. Order Farmer Johnto file reports, specifically EEO-l reports as required

3

under federal law;

4

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

5

public interest;

6

I. Award the Commission its costs in this action.

7

8

illRY TRIAL DEMAND

9

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

10 Complaint.

11
12 Dated:

September 27) 2004

Respectfully Submitted)

13

ERIC S. DREIBAND

General Counsel

14

JAMES LEE

15

Deputy General Counsel

16

GWENDOLYN YOUNG REAMS

Associate General Counsel

17'·

U.S. EQUAL EMPLOYMENT

18

QPPORTONITY COMMISSION

1801 ~'L" Street, N.W~

19·

Washington, D.C. 20507 ----

20:
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23

24·

25

26

27

28
.

5

 
 CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?791893116027665-L_3...
(PLAx), CLOSED, DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:04-cv-08051-GAF-PLA

United States Equal Employment Opportunity Commission v. Clougherty Packing Company et al Assigned to: Judge Gary A. Feess Referred to: Magistrate Judge Paul L. Abrams Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2004 Date Terminated: 10/17/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

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

Peter F Laura US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 Email: Peter.Laura@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Clougherty Packing Company doing business as Farmer John

represented by Christopher E Hoyme Berens & Tate 10050 Regency Cir, Ste 400 Omaha, NE 68114 402-391-1991 Email: hoyme@berenstate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelvin C Berens Berens & Tate

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Defendant Does

10050 Regency Circle, Suite 400 Omaha, NE 68114 402-391-1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
L Stephen Albright L Stephen Albright Law Offices 17337 Ventura Boulevard, Ste 208 Encino, CA 91316 818-784-0779 Fax: 818-784-0205 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachel K Alexander Berens & Tate 10050 Regency Circle, Suite 400 Omaha, NE 68114 402-391-1991 Email: rachela@berenstate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2004 09/28/2004 09/28/2004 09/28/2004 11/23/2004
12/27/2004 12/27/2004

#

Docket Text

1 COMPLAINT against defendant Clougherty Packing Company. (No Filing fee required) Jury Demand. filed by plaintiff United States Equal Employment Opportunity Commission.(jag, ) (Entered: 10/05/2004)
FAX number for Attorney Peter F Laura, Anna Y Park is 213-894-1301. (jag, ) (Entered: 10/05/2004)
20-Day Summons Issued re Complaint - (Discovery)[1] as to Clougherty Packing Company. (jag, ) (Entered: 10/05/2004)
2 CERTIFICATION of Interested Parties filed by Plaintiff United States Equal Employment Opportunity Commission. (jag, ) (Entered: 10/05/2004)
3 NOTICE OF WAIVER OF SERVICE Returned Executed filed by plaintiff upon Clougherty Packing Company, doing business as Farmer John waiver sent by Plaintiff on 10/21/2004, answer due 12/20/2004. Waiver of Service signed by Rachel K Alexander. (nhac, ) (Entered: 11/29/2004)
4 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Clougherty Packing Company. (nhac, ) (Entered: 12/28/2004)
5 ANSWER to Complaint [1] filed by defendant Clougherty Packing Company.(nhac, ) (Entered: 12/28/2004)

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01/05/2005 02/03/2005 02/03/2005 02/03/2005 02/03/2005 02/11/2005 02/28/2005 03/07/2005 03/07/2005
04/20/2005 07/15/2005

6 ORDER Regarding Rule 26(f) Conference and Joint Report by Judge Gary A. Feess: This action has been assigned to Judge Gary Allen Feess for all purposes. The Court orders as follows: Rule 26 Meeting Report due by 3/7/2005 at 1:30pm. (see document for further details).(rl, ) (Entered: 01/06/2005)
7 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Christopher E. Hoyme for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)
8 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Kelvin C. Berens for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)
9 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Rachel K. Alexander for defendant Clougherty Packing Company, designating L. Stephen Albright as local counsel. Fee PAID. Approved by Judge Gary A. Feess.(gk, ) (Entered: 02/07/2005)
FAX number for Attorney Rachel K Alexander, Kelvin C Berens, Christopher E Hoyme is 402-391-7363. (gk, ) (Entered: 02/07/2005)
10 ORDER by Judge Gary A. Feess Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before magistrate judge assigned to the case for settlement proceedings.(gk, ) (Entered: 02/16/2005)
11 JOINT REPORT of Scheduling Meeting Rule 26 filed; estimated length of trial 10 days. (gk, ) (Entered: 03/03/2005)
12 MINUTES OF Scheduling Conference held before Judge Gary A. Feess: Court will issue a Scheduling and Case Management Order which will include the dates provided to counsel. Court Reporter: Lisa Gonzalez. (gk, ) (Entered: 03/08/2005)
13 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Gary A. Feess: Set Deadlines/Hearings: Jury Trial set for 2/7/2006 08:30 AM before Honorable Gary A. Feess. Final Pretrial Conference set for 1/9/2006 03:30 PM before Honorable Gary A. Feess. Motions in Limine to be filed by 1/9/2006. Proposed Voir Dire Questions Lodged and Agreed-to Statement of Case 1/9/2006. Proposed Pretrial Order due by 12/19/2005. File Memo of Contentions of Fact and Law 12/19/2005. Exhibit List due by 12/19/2005. Witness List due by 12/19/2005. Status Report Re Settlement due by 12/19/2005. File Agreed Upon Set of Jury Instructions and Verdict Forms, File Joint Statement re Disputed Instructions, Verdicts, etc. 12/19/2005. Last date to conduct settlement conference is 12/16/2005. Last day for hearing motions. Discovery cut-off 11/18/2005. Last Day to Amend Pleadings or Add Parties 8/30/2005. (gk, ) (Entered: 03/08/2005)
14 NOTICE of Serving Discovery filed by Defendant Clougherty Packing Company d/b/a Farmer John. (gk, ) (Entered: 04/25/2005)
15 ORDER RE SETTLEMENT CONFERENCE by Judge Paul L. Abrams. A Settlement Conference will be held on 9/15/05, at 9:00 a.m. NO LATER THAN 9/8/05, EACH PARTY SHALL SUBMIT A CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT DIRECTLY TO THE CHAMBERS OF MAGISTRATE JUDGE ABRAMS. [See Order for details.](ch, ) (Entered: 07/15/2005)

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07/15/2005 09/12/2005 09/15/2005
10/17/2005

16 NOTICE of Unavailability filed by attorney L. Stephen Albright on behalf of Defendant Clougherty Packing Company, re unavailability from 8/2/2005 through 8/16/2005. (gk, ) (Entered: 07/25/2005)
17 STIPULATION AND ORDER by Judge Gary A. Feess for extension of expert disclosure deadline until 10/7/2005, and the setting of a deadline for the disclosure of rebuttal experts on 10/24/2005.(gk, ) (Entered: 09/12/2005)
18 MINUTES OF Settlement Conference held before Judge Paul L. Abrams. Settlement conference held. Settlement was reached. Material terms of settlement placed on the record of this Court. Plaintiff's counsel shall file the stipulated order for dismissal and related documents NO LATER THAN 10/17/05. A courtesy copy of the stipulation should be delivered to his Court's clerk. Tape #: 05-23/1738-2497. (ch, ) (Entered: 09/16/2005)
19 CONSENT DECREE AND ORDER by Judge Gary A. Feess: This Decree includes Defendant Clougherty Packing Company, d/b/a Farmer John's ("Farmer John") operations at its Los Angeles, California facility. This Decree shall be binding on and enforceable against Farmer John and its officers, directors, agents, successors and assigns, and against the U. S. Equal Employment Opportunity Commission for the effective period of the Decree. Farmer John, in settlement of this dispute, shall pay to the Charging Party, Donnie Gaut, and the additional Claimants, including Chris Allen, Gilbert Dawson, Kenneth Dawson, Dawed Seid, Robin Griggs, and Samuel White (the other Claimants") (The "Claimants" refers to both Charging Party and the other Claimants) a total of $110,000.00 as alleged damages to the Claimants: Donnie Gaut $50,000, Chris Allen $10,000, Gilbert Dawson $10,000, Kenneth Dawson $10,000, Dawed Seid $10,000, Robin Griggs $10,000, and Samuel White $10,000. Farmer John shall bear all costs associated with its administration and implementation of its obligations under this Consent Decree. Each party shall bear its own costs of suit and attorneys' fees. See document for further details. ( MD JS-6, Case Terminated )(gk, ) (Entered: 10/19/2005)

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