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IN TI-IE UNITED STATES DISTRICT COURT rOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plainti ff.

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v_

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VICTORY ROYAL EXPRESS, INC.

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Defendant.

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06 JUN 12 PH I: 28
ClERK-AlBUQUERQUE
cfV~ 0 6 - 0 4 ') 6 1ft Wf)S
COMPLAINT Jt:RY TRIAL DEMANDED

NATURE OF Tm: ACTION

This is an action under Title VII of the Civil Rights Act of 1964 as amended by the
Pregnancy Discrimination Act of I<)78 and Title rof the Civil Rights Act of 1991 to correct

unlawful employmen! practices on the basis of sex, female (pregnancy) and to provide

appropriate relief to Melissa Roybal who was adversely affected by such practices. The

Commission alleges that Defendant imposed a mandatOlY leave of absence on Ms. Roybal,

because of her pregnancy. The Commission further alleges thai Dcfcndant effectively discharged

Ms. Roybal because of her sex, female, and pregnancy.

.JURISDlCTION ANI> VENUE

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

1343 and 1345. This action is authorized and instituted pursuant to Section 706(1)( I) and(3) of

Title VII of the Civil Rights Act of 1964, as amcnded 42 U.S.c. § 2000e-5(f)( I) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1<)8Ia.

2. Thc employmcnt practices alleged to bc unlawful were committed within the

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jurisdiction of the United States District Court for the District of New Mexico. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706( 1)( I) and (3) ofTitle VIT, 42 U.S.c. § 2000e-5(I)(l) and (3).
4. At all relevant times. Defendant Victory Royal Express, Inc., has continuously been a New Mexico corporation operating in the State of :-.Jew Mexico and the City of Las Vegas. At all relevant times Defendant Victory Royal Express, Inc. ("Defendant" or "Employer") has continuously had at least lifieen employees.
5. At all relevant times. Defendant has cOlllinuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) ofTitle VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMF:NT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Melissa Roybal tiled a charge with the Commission alleging violations of Title VII hy Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least on or about November II, 2004, Defendant has engaged in unlawful employment practices at its Las Vegas, Ncw Mexico facility, in violation of Sections 701 (k) and 703(a) of Title VII, 42 U.S.c. §§ 2000e-(k) and 2000e-2(a). These unlawful employment practices include: A. imposing a mandatory leave of absence on Melissa Roybal because of her sex,
female, and pregnancy; and

13. discharging Melissa Roybal because of her sex, female, and pregnancy. 8. The unlawful employmcnt practices complained of in paragraph 7 above were intcntional. 9. The unlawful cmployment practices complained of in paragraph 7 above wcre done with malice and/or reckless indifference to the federally protected rights of Melissa Roybal.
PRAVER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which deny employment opportunities to persons on the basis of sex or pregnancy, including imposing mandatory leaves of absence because of their sex or pregnancy and any other employment practice which discriminates on the basis of sex or pregnancy. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for pregnant women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Melissa Roybal by providing appropriate back
pay with prejudgment intcrest, in amounts to he determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to. rightful-place hiring or front pay for Melissa Roybal.
D. Order Defendant to make whole Melissa Roybal by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 7 above, including job search expenses, in amounts to be detennined at trial.

E. Order Defendant to make whole Melissa Roybal who was adversely affected by

the unlawful employment practices described above. by providing compensation for past and

future nonpecuniary losses, including but not limited to, emotional pain, suffering,

inconvenience. mental anguish, loss of enjoyment of life, and other nonpecuniary losses. in

amounts to be determined at trial.

F. Order Defendant to pay Melissa Roybal punitive damages for its malicious

and/or reckless conduct described in paragraph 7 above, in an amount to be determined at trial.

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

interest.

I.

Award the Commission its costs in this action.

JURY TRIAL DEMANDED

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

DATED this 12'h day of June. 2006.

Respectfully submitted,
.JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTC0IITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
Y2W~
MARY JO O'NEILL Regional Attorney

SALLY SHANLEY Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
~Q VERONICA A. MOLINA ~ Trial Attorney
LORETTA MEDINA Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque. New Mexico 87102 (505) 248-5231
Attorneys for Plaintiff

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. VICTORY ROYAL EXPRESS, INC.,
Defendant.

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CIV- 06-0496 JH/WDS

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CONSENT DECREE

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The United States Equal Employment Opportunity Commission (the “Commission” or “EEOC”) filed this action against Victory Royal Express, Inc. (“Defendant”), to enforce Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. In the Complaint, the Commission alleged Defendant imposed a mandatory leave of absence on Melissa M. Roybal (“Charging Party”) because of her pregnancy, effectively discharging Ms. Roybal due to sex, female, and pregnancy.
The parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. This decree does not constitute an adjudication on the merits of the allegations of the complaint. Defendant denies Plaintiff’s allegations.
It is hereby ORDERED, ADJUDGED AND DECREED: 1. This decree resolves all claims asserted by the Commission against Defendant and

all claims the Commission could have asserted against it in this action. The Claims resolved include all claims for discrimination, back pay, front pay, compensatory and punitive damages, interest, injunctive relief, attorney’s fees and costs arising from or related to the issues raised in this lawsuit or Charging Party’s underlying charge of discrimination.
INJUNCTION 2. Defendant, its managers, employees, principals, agents, officers, successors and assigns and all persons in active concert or participation with it, agree that for the duration of the decree Defendant will not discriminate against any employee because of her sex, including pregnancy. This injunction will remain in effect for the duration of the decree at any facility owned or operated by Defendant. In addition, Defendant, its managers, agents, officers, employees, successors and assigns and all persons in active concert or participation with it, are enjoined for the duration of the decree from retaliating against any employee who: (a) opposes practices made unlawful by Title VII or a state equal employment opportunity statute; (b) makes a charge of discrimination or assists or participates in an investigation or proceeding under Title VII or a state equal employment opportunity statute; or (c) files an internal complaint of discrimination. This injunction will remain in effect for the duration of the decree at any facility owned or operated by Defendant.
RELIEF TO THE CHARGING PARTY 3. In accordance with this decree, Defendant shall pay Melissa M. Roybal back pay in the amount of nine thousand one hundred forty-four dollars and zero cents ($9,144.00), and seventy thousand eight hundred fifty six dollars and zero cents ($70,856.00) in compensatory damages, for a total gross payment of eighty thousand dollars ($80,000.00), which shall be paid as
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follows: A. Thirty five thousand dollars ($35,000.00) paid to Melissa M. Roybal within thirty (30) days of entry of the Decree; B. Thirty thousand dollars ($30,000.00) paid to Melissa M. Roybal within ninety (90) days of entry of the Decree; C. Ten thousand dollars ($10,000.00) paid to Melissa M. Roybal within one hundred and twenty (120) days of entry of the Decree; and D. Five thousand dollars ($5,000.00) paid to Melissa M. Roybal within one hundred and fifty (150) days of entry of the Decree.
For amounts designated as back pay, Defendant shall be responsible for paying the employer’s share of FUTA and FICA and will not be taken from the settlement amount. For the amount designated as compensatory damages, Defendant will issue a United States Internal Revenue Service Form 1099 to Ms. Roybal as required by law.
4. Defendant will not condition the relief of the Charging Party upon a waiver of legal claims other than those asserted in the Commission’s complaint, or upon an agreement to refrain from seeking future employment with the defendant, or upon an agreement to keep the terms of the recovery or the allegations raised in this lawsuit confidential.
5. Defendant shall mail the checks, via certified mail, to Melissa M. Roybal, in the amounts and within the time frames specified in Paragraph 3, to the address provided by EEOC. Within five days of the issuance of the checks, Defendant will submit a copy of the checks and related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189.
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6. If Defendant fails to make the payments in the amounts and within the time

frames specified in Paragraph 3, then Defendant shall pay a late fee of one hundred fifty dollars

($150.00) in addition to the payment. The accrual of late fees shall not be a bar to the

Commission seeking Court enforcement of the Decree.

7. Consistent with Defendant’s practice, in response to any employment inquiries

or reference checks concerning the Charging Party, Defendant shall provide a neutral reference,

which shall consist of Charging Party’s dates of employment, each position held, and job duties.

This provision shall remain in force for so long as Charging Party uses Defendant as a reference

and is not limited to the duration of this decree.

8. Defendant shall convert the Charging Party’s termination to a voluntary

resignation and shall expunge from the personnel file of Charging Party all references to the

charge of discrimination filed against Defendant and to any involuntary termination.

9. Defendant shall not take any action against Charging Party or any witness in

retaliation for filing a charge of employment discrimination or for participating, assisting or

testifying in this action.

DEFENDANT’S CORRECTIVE POLICIES AND PRACTICES

10.

Defendant shall implement and carry out policies and practices at all facilities

operated by Defendant that promote a work environment free from sex discrimination, including

policies and practices to prevent pregnancy discrimination of its female employees, and that allow

employees and other individuals to raise concerns or complaints about matters made unlawful by

Title VII, whether alleged, perceived or actual without retaliation. To assist Defendant in its

effort to promote a work environment free of sex or pregnancy discrimination and retaliation,

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defendant shall take the actions provided for in Paragraphs 11 through 14. 11. Within ten (10) days of entry of the Decree, Defendant shall review its existing
policies on sex and pregnancy discrimination, and make any changes necessary so that its policies comply with Title VII and the Pregnancy Discrimination Act. Within fifteen days of reviewing and making any necessary revisions to its policies, defendant shall distribute a copy of its policy(s) to each of its current full and part-time employees, and to each new employee hired for the duration of this decree. Defendant shall distribute a copy of its policy(s) to each new employee hired within ten days of hire.
12. Defendant shall provide its employees at all facilities operated by Defendant with written policy statements and procedures regarding reporting and prevention of sex and pregnancy discrimination. The policy and procedure statements that are provided to Defendant’s employees should be designed to present easily understood, convenient, confidential and reliable procedures for reporting incidents of sex and pregnancy discrimination in all of Defendant’s facilities existing as of the execution by the parties of this Consent Decree.
13. Defendant shall post within ten (10) days of the entry of this Consent Decree, and continuously for a period of thirty (36) months, in prominent places frequented by employees in all of Defendant’s facilities, the Notice attached to this decree as Exhibit A. This Notice shall be the same type, style and size as in Exhibit A.
14. Defendant shall provide training on sex and pregnancy discrimination and retaliation according to the following terms:
A. Defendant shall provide six training sessions during the term of this decree. All managers, supervisors and employees at all of Defendant’s facilities will attend the
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training. Duplicative sessions may be held to accommodate staffing needs. Defendant shall be responsible for all costs associated with this training. B. The first training session shall be conducted within three months of the entry of this decree and the second training session shall be conducted within nine months of the entry of this decree. During the second year of the decree, the third training sessions shall be conducted within six months of the second training session, and the fourth training session shall be conducted within six months of the third training session. During the third year of the decree, the fifth training session shall be conducted within six months of the fourth training session, and the sixth training session shall be conducted within six months of the fifth training session. C. Defendant shall select a qualified trainer and shall submit the trainer’s name, resume, training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque Area Office of the Equal Employment Opportunity Commission within forty-five days of the entry of this decree for the first session of the first year and 45 days prior to the second session of the first year. During the second year of the decree, the above information shall be submitted to the Regional Attorney at least ninety days prior to the seminar-training session. The Commission shall have thirty days from the date of receipt of the information described above to accept or reject the proposed consultant/lecturer and/or the contents of the seminar. In the event the Commission does not approve Defendant’s designated consultant/lecturer, the Commission shall designate the consultant/lecturer at a cost not to exceed $2,000.00 per seminar-training session
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which shall be paid by Defendant. D. Each training session shall include a minimum of three hours of instruction. All
personnel designated in Paragraph A shall both register and attend the training. The registry of attendance shall be retained by Defendant at least for the duration of the decree. E. The training, at a minium, shall include the subjects of: what constitutes sex and pregnancy discrimination and retaliation; that sex and pregnancy discrimination in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment and retaliation violates Title VII and the Pregnancy Discrimination Act; how to prevent sex and pregnancy discrimination and retaliation; how to provide a work environment free from sex and pregnancy discrimination and retaliation; and to whom and by what means employees may complain, including complaining to the EEOC, if they feel they have been subjected to sex and pregnancy discrimination and retaliation. F. Immediately following the training sessions, Defendant’s highest ranking managerial official shall speak to the employees about: (1) potential discipline that can be taken against supervisors, managers and employees who commit acts of sex and pregnancy discrimination or retaliation, or who allow sex and pregnancy discrimination or retaliation to occur in the workplace; (2) the importance of maintaining an environment free of sex and pregnancy discrimination and retaliation; and (3) the employer’s policies regarding sex and pregnancy discrimination and retaliation. This time shall not be counted toward the training
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required in paragraph 14.D. G. For the duration of this decree, at or around the time of hire, employees hired after
the training is presented, shall view a video tape of the training and/or a professional training tape which covers the topics set forth in paragraph 14.E. and shall be given any written material disseminated at the training. 15. The Commission, at its discretion, may designate Commission representatives to attend and participate in the training sessions described above. REPORTING BY DEFENDANTS AND ACCESS BY EEOC 16. Defendants shall report in affidavit form to the Regional Attorney of the Commission's Albuquerque Area Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189 beginning six months from the date of the entry of this decree, and thereafter every six months for the duration of the decree the following information: A. Any changes, modifications, revocations, or revisions to its policies and procedures which concern or affect the subject of sex and pregnancy discrimination and retaliation. B. The registry of persons attending each of the seminar-training sessions required in paragraph 14 of this decree and a list of current employees on the day of the seminar-training session. D. An affidavit by Defendant stating the Notice required in paragraph 13 of this decree was posted and the locations where it was posted. E. An affidavit by Defendant stating the training required in paragraph 14 of this decree was conducted.
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17. The Commission, upon reasonable notice, shall have the right to enter and inspect the premises of Defendant’s facilities to ensure compliance with this decree and federal antidiscrimination laws.
COSTS AND DURATION 18. Each party shall bear its costs and attorney's fees incurred as a result of this action through the entry of this decree. 19. The duration of this decree shall be three (3) years from its entry. This Court shall retain jurisdiction of this action for the duration of the decree, during which the Commission may petition this Court for compliance with this decree. Should the Court determine that Defendant have not complied with this decree, appropriate relief, including extension of this decree for such period as may be necessary to remedy its non-compliance, may be ordered. 20. This decree shall expire by its own terms at the end of three (3) years after entry, without further action by the parties. 21. The parties agree to entry of this decree and judgment subject to final approval by the Court. ENTERED AND ORDERED this 30th day of March, 2007.
UNITED STATES DISTRICT COURT JUDGE
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APPROVED AND CONSENTED TO: .

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
/s/ March 27, 2007 Molina for MARY JO O’NEILL Regional Attorney
/s/ March 27, 2007 Molina for SALLY C. SHANLEY Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
/s/ March 27, 2007 Veronica A. Molina Trial Attorney
Loretta Medina Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
505 Marquette, N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231
Attorneys for Plaintiff
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/s/ Frederick M. Mowrer, received by EEOC 03/26/07 Frederick M. Mower SANCHEZ, MOWRER & DESIDERIO, P.C. P.O. Box 1966 Albuquerque, NM 87103 Attorneys for Defendant /s/ Maria Luis Padilla, received by EEOC 03/26/07 Maria Luisa Padilla For Victory Royal Express, Inc.
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NOTICE TO ALL EMPLOYEES OF VICTORY ROYAL EXPRESS, INC.
This Notice is posted pursuant to a Consent Decree entered into between Victory Royal Express, Inc. and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under the federal law (Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act) and state law to discriminate against an employee on the basis of sex and pregnancy in hiring, firing, compensation or other terms, and conditions or privileges of employment.
Victory Royal Express, Inc. prohibits all forms of sex and pregnancy discrimination.
Victory Royal Express, Inc. also prohibits any form of harassment of persons because of the condition of pregnancy.
Victory Royal Express, Inc. shall not discriminate on the basis of sex and pregnancy and shall not retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation under Title VII, or who files a grievance alleging discrimination.
If you believe you have been discriminated against because of the condition of pregnancy or retaliated against in your workplace, you always have the right to seek assistance from:
Equal Employment Opportunity Commission (EEOC) 505 Marquette, Suite 900
Albuquerque, New Mexico 87102 1-800-669-4000 or
New Mexico Department of Labor Human Rights Division
1596 Pacheco St., Suite 103 Santa Fe, New Mexico 87505
(505) 827-6838
You have the right to file a charge with the EEOC or the Department of Labor if you believe you are being discriminated against.

EXHIBIT A

 
 Case: 1:06-cv-496 As of: 05/24/2017 10:50 AM MDT 1 of 3
CLOSED,REFER
U.S. District Court District of New Mexico − Version 6.1 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:06−cv−00496−JCH−WDS

EEOC v. Victory Royal Assigned to: District Judge Judith C. Herrera Referred to: Magistrate Judge W. Daniel Schneider Demand: $0 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 06/12/2006 Date Terminated: 03/30/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663−4669 Email: gwendolyn.reams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663−4669 Email: james.lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248−5230 Fax: (505) 248−5217 Email: loretta.medina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012−2504 (602) 640−5000 Fax: (602) 640−5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally C Shanley EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012−1848 602−640−5032 Fax: 602−640−5009

Case: 1:06-cv-496 As of: 05/24/2017 10:50 AM MDT 2 of 3
Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248−5231 Fax: (505) 248−5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Victory Royal Express, Inc.

represented by Frederick M Mowrer PO Box 1966 Albuquerque, NM 87103 (505) 247−4321 Fax: 247−4441 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/12/2006
06/20/2006 08/11/2006 08/14/2006 08/31/2006 09/21/2006
10/16/2006 10/16/2006 10/23/2006 10/24/2006
11/01/2006

# Docket Text
1 COMPLAINT for Employment Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge W. D. Schneider) (nc) (Entered: 06/13/2006)
SUMMONS issued as to deft (Maria L. Padilla) (ln) (Entered: 06/20/2006)
2 MOTION by deft to extend time to answer until 08/31/06 (ln) (Entered: 08/11/2006)
3 ORDER by Magistrate Judge W. D. Schneider granting deft's motion to extend time to answer until 08/31/06 [2−1] (cc: all counsel) (ln) (Entered: 08/15/2006)
4 ANSWER by deft [1−1]* (ln) (Entered: 08/31/2006)
5 INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set on 10/23/06 at 9:30 am; provisional discovery plan and IPTR due 10/16/06 (cc: all counsel*) (ln) (Entered: 09/21/2006)
6 PROVISIONAL DISCOVERY PLAN by the parties (ln) (Entered: 10/16/2006)
7 CERTIFICATE by plaintiff EEOC of service of initial disclosures to counsel on 10/16/06 (eh) (Entered: 10/17/2006)
8 CLERK'S MINUTES: before Magistrate Judge W. D. Schneider Rule 16 scheduling conference held * (ln) (Entered: 10/23/2006)
9 ORDER by Magistrate Judge W. D. Schneider setting settlement conference for 03/27/07 at 9:00 am in Albuquerque, New Mexico (cc: all counsel*) (ln) (Entered: 10/24/2006)
10 INITIAL PRE−TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge W. D. Schneider; Discovery set for 3/22/07; mtn filing ddl set for 5/10/07; proposed pretrial order due 7/26/07; pretrial conference set for 2:00 pm on 9/6/07; jury trial set for 9:00 am on 9/17/07; Estimated # of Trial Days: 3; Chances of Settlement: cannot be evaluated prior to some preliminary discovery (cc: all counsel) (dmw) (Entered: 11/01/2006)

Case: 1:06-cv-496 As of: 05/24/2017 10:50 AM MDT 3 of 3

11/09/2006 12/18/2006 01/10/2007
02/02/2007 02/02/2007
02/05/2007 02/08/2007 02/16/2007 02/21/2007 02/21/2007 03/01/2007 03/30/2007 04/24/2008 09/23/2008 03/23/2009 09/16/2009

11 CERTIFICATE by deft of Service of Initial Disclosures to counsel on 11/09/06 (nc) (Entered: 11/13/2006)
12 CERTIFICATE OF SERVICE by pltf EEOC re interrogatories to counsel on 12/15/06* (ln) (Entered: 12/18/2006)
Settlement Conference set for 3/27/2007 09:00 AM in Albuquerque − 720 Judge W. Daniel Schneider Chambers before United States Magistrate Judge W. Daniel Schneider. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/10/2007)
13 DECLARATION of Service by Victory Royal Express, Inc.. (Mowrer, Frederick) (Entered: 02/02/2007)
14 MINUTE ORDER vacating 9/6/2007 pretrial conference and calendar call. Call of the Calendar reset for 9/5/2007 01:30 PM in Albuquerque − 580 Brazos Courtroom before District Judge Judith C. Herrera. Final Pretrial Conference reset for 9/5/2007 02:00 PM in Albuquerque − 580 Brazos Courtroom before District Judge Judith C. Herrera. All other deadlines remain unchanged. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](ljs) (Entered: 02/02/2007)
15 NOTICE OF DEFICIENCY to Attorney Fred Mowrer re 13 Declaration (ln) (Entered: 02/05/2007)
16 CERTIFICATE OF SERVICE by Victory Royal Express, Inc. of Discovery Responses (Corrected) (Mowrer, Frederick) (Entered: 02/08/2007)
17 CERTIFICATE OF SERVICE by Victory Royal Express, Inc. (of 1st Set of Interrogatories and Request for Production) (Mowrer, Frederick) (Entered: 02/16/2007)
18 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Request For Admissions (Molina, Veronica) (Entered: 02/21/2007)
19 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Supplemental Initial Disclosures (Molina, Veronica) (Entered: 02/21/2007)
20 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Supplemental Initial Disclosures (Molina, Veronica) (Entered: 03/01/2007)
21 CONSENT DECREE by Judge Judith C. Herrera (bw) (Entered: 03/30/2007)
22 AFFIDAVIT of Phebe Gutierrez in compliance with the Consent Decree by Victory Royal Express, Inc. (Mowrer, Frederick) Modified on 4/25/2008 to include more text (bap). (Entered: 04/24/2008)
23 AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 09/23/2008)
24 AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 03/23/2009)
25 AFFIDAVIT of Phebe Gutierrez by Victory Royal Express, Inc. (Mowrer, Frederick) (Entered: 09/16/2009)