Case 3:04-cv-02402-SI Document 1 Filed 06/17/2004 Page 1 of 5

1 WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 DAVID F. OFFEN-BROWN #063321 (CA) EQUAL EMPLOYMENT OPPORTUNITY
3 COMMISSION San Francisco District Office
4 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260
5 Telephone: (415) 625-5652 Facsimile: (415) 625-5657
6 Attorneys for Plaintiff
7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

12

)

Plaintiff,

)

13

)

)

14 v.

)

)

15 CALPINE CORPORATION,

)

)

16

Defendant.

)

_______________________________________ )

17

Civil Action No.
COMPLAINT DEMAND FOR JURY TRIAL

18

NATURE OF THE ACTION

19

This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of

20 1964 and Title I of the Civil Rights Act of 1991 to restrain the payment of compensation to

21 employees of one sex in amounts less than the amounts paid to employees of the opposite sex and

22 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief

23 due to employees as a result of such unlawful practices. Plaintiff alleges that Calpine

24 Corporation paid Denise Stirtz less than its male employees were paid for performing

25 substantially equal work and otherwise discriminated against Ms. Stirtz because of her sex.

26

JURISDICTION AND VENUE

27

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

28 1343 and 1345; see also Paragraph 3 below. This action is authorized and instituted pursuant to

COMPLAINT

A:\ComplaintFinal.wpd

EEOC v Calpine Corp.

Case 3:04-cv-02402-SI Document 1 Filed 06/17/2004 Page 2 of 5

1 Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the FLSA), as amended, 29

2 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as

3 Section 6(d) of the FLSA, 29 U.S.C. § 206(d), and pursuant to Section 706(f)(1) and (3) of Title

4 VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (Title VII).

5 This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights

6 Act of 1991, 42 U.S.C. § 1981a.

7

2. Intradistrict Assignment: The employment practices alleged to be unlawful were

8 committed in Napa County within the jurisdiction of the United States District Court for the

9 Northern District of California.

10

PARTIES

11

3. Plaintiff, the Equal Employment Opportunity Commission (the Commission), is

12 the agency of the United States of America charged with the administration, interpretation, and

13 enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action

14 by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of

15 Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705;

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

17

4. At all relevant times, Defendant, Calpine Corporation (the Employer), has

18 continuously been a corporation, doing business in the State of California and the City of

19 Middletown, and has continuously had at least 15 employees.

20

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

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

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

23

6. At all relevant times, Defendant Employer has acted directly or indirectly as an

24 employer in relation to employees and has continuously been an employer within the meaning of

25 Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

26

7. At all relevant times, Defendant Employer has continuously employed employees

27 engaged in commerce or in the production of goods for commerce within the meaning of Sections

28 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j).

COMPLAINT

EEOC v Calpine Corp.
2

Case 3:04-cv-02402-SI Document 1 Filed 06/17/2004 Page 3 of 5

1

STATEMENT OF TITLE VII CLAIMS

2

8. More than thirty days prior to the institution of this lawsuit, Denise Stirtz filed a

3 charge with the Commission alleging violations of Title VII by Defendant Employer. All

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

5

9. Since at least May 1, 2002, Defendant Employer has engaged in unlawful

6 employment practices at its Sacramento, Cal. location, in violation of Section 703(a)(1) of Title

7 VII, 42 U.S.C. §§ 2000e-2 (a)(1). Defendant Employer discriminated against Ms. Stirtz by

8 subjecting her to more adverse compensation, terms, and conditions of employment because of

9 her sex.

10

10. The effect of the practice(s) complained of in paragraph 12 above has been to

11 deprive Ms. Stirtz of equal employment opportunities and otherwise adversely affect her status as

12 an employee, because of her sex.

13

11. The unlawful employment practices complained of in paragraph 12 above were

14 intentional.

15

12. The unlawful employment practices complained of in paragraphs 12 above were

16 done with malice or with reckless indifference to the federally protected rights of Ms. Stirtz.

17

STATEMENT OF EQUAL PAY ACT CLAIMS

18

13. Since at least May 1, 2002, Defendant Employer has violated Sections 6(d)(1) and

19 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying compensation to Ms.

20 Stirtz in its Middletown, Cal. facility, at rates less than the rates paid to male employees in the

21 same establishment for substantially equal work on jobs the performance of which requires equal

22 skill, effort, and responsibility, and which are performed under similar working conditions.

23

14. As a result of the acts complained of above, Defendant Employer unlawfully has

24 withheld and is continuing to withhold the payment of compensation due to Ms. Stirtz.

25

PRAYER FOR RELIEF

26

Wherefore, the Commission requests that this Court:

27

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

28 assigns and all persons in active concert or participation with it, from engaging in compensation

COMPLAINT

EEOC v Calpine Corp.
3

Case 3:04-cv-02402-SI Document 1 Filed 06/17/2004 Page 4 of 5

1 discrimination and in any other employment practice which discriminates on the basis of sex.

2

B. Grant a permanent injunction enjoining the Defendant Employer, its officers,

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

4 within any of its establishments between employees on the basis of sex, by paying compensation

5 to employees of one sex at rates less than the rates at which it pays compensation to employees of

6 the opposite sex for substantially equal work on jobs the performance of which requires equal

7 skill, effort, and responsibility, and which are performed under similar working conditions.

8

C. Order Defendant to institute and carry out policies, practices and programs which

9 provide equal employment opportunities for women, and which eradicate the effects of its past

10 and present unlawful employment practices.

11

D. Order Defendant to make whole Denise Stirtz, by providing appropriate backpay

12 with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary

13 to eradicate the effects of its unlawful employment practices, including but not limited to lost

14 compensation and frontpay.

15

E. Order Defendant to make whole Ms. Stirtz by providing compensation for past

16 and future pecuniary losses resulting from the unlawful practices described in paragraphs 12 and

17 16 above, in amounts to be determined at trial.

18

F. Order Defendant to make whole Ms. Stirtz by providing compensation for past

19 and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph

20 12 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and

21 humiliation, in amounts to be determined at trial.

22

G. Order Defendant to pay Ms. Stirtz punitive damages for its malicious and/or

23 reckless conduct described in paragraph 12 above, in an amount to be determined at trial.

24

H. Grant a judgment requiring Defendant to pay appropriate back compensation in

25 amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest

26 to Ms. Stirtz whose wages are being unlawfully withheld as a result of the acts complained of

27 above.

28

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

COMPLAINT

EEOC v Calpine Corp.
4

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1 interest.

2

J. Award the Commission its costs of this action.

3

JURY TRIAL DEMAND

4

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

5

6

Respectfully submitted,

7

ERIC S. DREIBAND

General Counsel

8

JAMES L. LEE

9

Deputy General Counsel

10

GWENDOLYN YOUNG REAMS

Associate General Counsel

11

EQUAL EMPLOYMENT OPPORTUNITY

12

COMMISSION

1801 L Street, N.W.

13

Washington, DC 20507

14

15 Dated: 16

WILLIAM R. TAMAYO Regional Attorney

17

18 Dated: 19

JONATHAN T. PECK Supervisory Trial Attorney

20

21 Dated: 22

DAVID F. OFFEN-BROWN Senior Trial Attorney

23

24

25

26

27

28

COMPLAINT

EEOC v Calpine Corp.
5

 
 Case 3:04-cv-02402-SI Document 20 Filed 03/23/2005 Page 1 of 2

1 WILLIAM R. TAMAYO - #084965 (CA) DAVID OFFEN-BROWN - #063321 (CA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5649
5 Facsimile: (415) 625-5657

6 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

8 STUART W. MILLER, SBN 112766 SALLY E. YOO, SBN 182706
9 DAVIS WRIGHT TREMAINE, LLP One Embarcadero Center, Ste. 600
10 San Francisco, CA 94111 Telephone: (415) 276-6500
11 Facsimile: (415) 276-6599

12 Attorneys for Defendant CALPINE CORPORATION

13

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

17 EQUAL EMPLOYMENT OPPORTUNITY ) Case No. C 04-2402 SI

COMMISSION,

)

18

)

Plaintiff, ) STIPULATION TO DISMISS AND

19

) PROPOSED ORDER

v.

)

20

)

)

21 CALPINE CORPORATION,

)

)

22

Defendant. )

)

23

24

It is hereby stipulated by and between the parties to this action through their counsel that

25 the above-captioned case be and hereby is dismissed with prejudice pursuant to Federal Rule of

26 Civil Procedure 41(a)(1).

27

WHEREFORE, Plaintiff and Defendant respectfully request this Court to dismiss, with

28 prejudice, this entire action.

1
STIPULATED DISMISSAL AND PROPOSED ORDER

CASE NO. C 04-2402 SI

Case 3:04-cv-02402-SI Document 20 Filed 03/23/2005 Page 2 of 2

1

SO STIPULATED:

2

3

4 Dated: March 18, 2005.

5

6

7

8

9 Dated: March 18, 2005.
10

11

12

13

IT IS SO ORDERED.

14

15 Dated:

16

17

18

19

20

21

22

23

24

25

26

27

28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By /s/ Raymond T. Cheung RAYMOND T. CHEUNG
Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DAVIS WRIGHT TREMAINE, LLP
By /s/ Stuart W. Miller STUART W. MILLER
Attorneys for Defendant CALPINE CORPORATION
HONORABLE SUSAN ILLSTON

2
STIPULATED DISMISSAL AND PROPOSED ORDER

CASE NO. C 04-2402 SI

 
 CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?578386846986114-L_9...
ADRMOP, CLOSED, E-Filing, ENETERM
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:04-cv-02402-SI

Equal Employment Opportunity Commission v. Calpine Corporation Assigned to: Hon. Susan Illston Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 06/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David F. Offen-Brown Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 415-625-5652 Fax: 415-625-5657 Email: David.Offen-Brown@eeoc.gov ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov ATTORNEY TO BE NOTICED

Raymond T. Cheung US EEOC 350 The Embarcadero, Suite 500

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V. Defendant Calpine Corporation

San Francisco, CA 94105-1260 415-625-5600 Fax: 415-625-5657 Email: raymond.cheung@eeoc.gov ATTORNEY TO BE NOTICED
represented by Salle E. Yoo Davis Wright Tremaine LLP 505 Montgomery Street Suite 800 San Francisco, CA 94111-6533 415-276-6500 Fax: 415-276-6599 Email: salleyoo@dwt.com ATTORNEY TO BE NOTICED
Stuart Wayne Miller Davis Wright Tremaine LLP 505 Montgomery Street Suite 800 San Francisco, CA 94111-6533 (415) 276-6500 Email: stuartmiller@dwt.com ATTORNEY TO BE NOTICED

Date Filed 06/17/2004
06/17/2004 06/17/2004
06/17/2004 06/24/2004

#

Docket Text

1 COMPLAINT & Demand for Jury Trial - [Summons Issued] against Calpine Corporation [Filing Fee: Waived/Government Entered on 6/17/04]. Filed by Plaintiff Equal Employment Opportunity Commission. (tn, COURT STAFF) (Filed on 6/17/2004) Additional attachment(s) added on 7/15/2004 (tn, COURT STAFF). (Entered: 06/18/2004)
Summons Issued as to Calpine Corporation. (tn, COURT STAFF) (Filed on 6/17/2004) (Entered: 06/18/2004)
2 ADR SCHEDULING ORDER: Case Management Statement due by 10/27/2004 & Initial Case Management Conference set for 1:30 p.m. on 11/3/2004. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Filed on 6/17/2004) (Entered: 06/18/2004)
CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Filed on 6/17/2004) (Entered: 06/18/2004)
3 CLERK'S NOTICE RE CONSENT OR DECLINATION TO PROCEED BEFORE MAGISTRATE JUDGE; COUNSEL TO RESPOND BY 7/8/04 (bpf,

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07/01/2004 07/07/2004 07/07/2004 07/12/2004 10/26/2004 10/27/2004
11/09/2004 11/09/2004 11/10/2004 12/01/2004 12/10/2004 12/10/2004 12/21/2004

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?578386846986114-L_9...
COURT STAFF) (Filed on 6/24/2004) (Entered: 06/24/2004)
4 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Proof of Service (Offen-Brown, David) (Filed on 7/1/2004) (Entered: 07/01/2004)
5 Declination to Proceed Before a U.S. Magistrate Judge by Calpine Corporation. (Miller, Stuart) (Filed on 7/7/2004) (Entered: 07/07/2004)
6 ANSWER to Complaint by Calpine Corporation. (Yoo, Salle) (Filed on 7/7/2004) (Entered: 07/07/2004)
7 CLERK'S NOTICE To Plaintiff's Counsel re: Failure to E-File and/or Failure to Register as an E-Filer. (tn, COURT STAFF) (Filed on 7/12/2004) (Entered: 07/12/2004)
8 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 10/26/2004) (Entered: 10/26/2004)
9 ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Judge Edward M. Chen no longer assigned to case. Signed by Executive Committee on 10/27/04. (as, COURT STAFF) (Filed on 10/27/2004) (Entered: 10/27/2004)
10 CLERK'S NOTICE setting initial case management to occur on 12/17/04 @ 2 p.m. (Attachments: # 1) (ts, COURT STAFF) (Filed on 11/9/2004) (Entered: 11/09/2004)
Set Deadlines/Hearings: Initial Case Management Conference set for 12/17/2004 02:00 PM. (ys, COURT STAFF) (Filed on 11/9/2004) (Entered: 11/10/2004)
11 NOTICE by Equal Employment Opportunity Commission of Substitution of Lead Counsel (Cheung, Raymond) (Filed on 11/10/2004) (Entered: 11/10/2004)
12 ADR Clerks Notice re: Failure to Comply with Court Order. (tjs, COURT STAFF) (Filed on 12/1/2004) (Entered: 12/01/2004)
13 JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Calpine Corporation. (Miller, Stuart) (Filed on 12/10/2004) (Entered: 12/10/2004)
14 STIPULATION and Proposed Order selecting Early Neutral Evaluation by Calpine Corporation, Calpine Corporation ADR L.R. 3-5 - ADR CERTIFICATION (Miller, Stuart) (Filed on 12/10/2004) (Entered: 12/10/2004)
15 Minute Entry: Initial Case Management Conference held on 12/17/2004 before Illston (Date Filed: 12/21/2004). Case continued to 4/29/05 @ 2:30 P.M. for Further Case Management ConferenceCase continued to 11/4/05 @ 9:00 A.M. for Motions(Motion due 9/30/05, Opposition 10/14/05 Reply 10/21/05)Case continued to 1/24/06 @ 3:30 P.M. for Pretrial ConferenceCase continued to 2/6/05 @ 8:30 A.M. for Trial (Jury:8 Days)Discovery Cutoff: 8/26/05 Designate Experts by: 7/22/05, Rebuttal: 8/8/05Expert Discovery Cutoff:8/26/05case referred tp ene () (ts, COURT STAFF) (Date Filed: 12/21/2004) (Entered: 12/21/2004)

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01/27/2005 02/08/2005 02/25/2005 03/18/2005 03/23/2005

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16 PRETRIAL ORDER. Signed by Judge Illston on 12/17/04. (Attachments: # 1)(ts, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)
17 ORDER REFERRING CASE to Early Neutral Evaluation. Signed by Judge Illston on 12/17/04. (ts, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)
Set Deadlines/Hearings: Non-Expert Discovery due by 8/26/2005. Motions due by 9/30/2005. Case Management Conference set for 4/29/2005 02:30 PM. Jury Trial set for 2/6/2006 08:30 AM. Motion Hearing set for 11/4/2005 09:00 AM. Pretrial Conference set for 1/24/2006 03:30 PM. (ys, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/22/2004)
18 ADR Clerk's Notice dated 1/27/2005 appointing Jody I. LeWitter as ENE Evaluator. (cmf, COURT STAFF) (Filed on 1/27/2005) (Entered: 01/27/2005)
Evaluator hopes to conduct the Pre ENE phone conference by 2/15/2005. (cmf, COURT STAFF) (Filed on 2/8/2005) (Entered: 02/08/2005)
ADR Remark: Case Settled prior to ENE session. ENE process is complete. (cmf, COURT STAFF) (Filed on 2/25/2005) (Entered: 02/25/2005)
19 STIPULATION of Dismissal by Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 3/18/2005) (Entered: 03/18/2005)
20 ORDER DISMISSING CASE. Signed by Judge Illston on 3/22/05. (ts, COURT STAFF) (Filed on 3/23/2005) (Entered: 03/23/2005)

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