n~ THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

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EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

Plaintiff,

) )

00 '046 9

)

v.

)

COMPLAINT

)

NEW MEXICO NEWSPAPERS, INC., d/b/a

)

JURY TRIAL DEMAND

THE DAILY TIMES

)

)

Defendant.

)
AICHARD L. PUGLISI

NATURE OF THE ACTION

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

Act of 1991 to correct unlawful employme:nt practices on the bases of religion and retaliation and to

provide appropriate relief to Gary Moes and a class of individuals who were adversely affected by

these practices. The Commission alleges that Mr. Moes, as well as other employees and applicants,

were discriminated against because they dlid not hold the same religious beliefs as the defendant's

owner-publisher.

JURISD1[CTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 US.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to sections 706(£)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 US.C. § 2000e-5(£)(1) and (3), ("Title VIlli) and

Section 102 of the Civil Rights Act of 1991,42 US.c. §1981a.

\

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of New Mexico.

PARTIES

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

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) and (3)

of Title VII, 42 US.C. §2000e-5(£)(1) and (3).

4. At all relevant times, Defendant, New Mexico Newspapers, Inc., d/b/a the Daily Times

("Employer" or "Daily Times"), has continuously been a New Mexico corporation doing business in

the State of New Mexico and the City of Farmington, and has continuously had at least fifteen

employees.

5. At all releva.nt times, Defendant Employer has continuously been an employer engaged

in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42

US.c. §§2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution ofthis lawsuit, Gary Moes filed a charge

with the Commission alleging violations of Title VII by the Daily Times. All conditions precedent

to the institution of this lawsuit have been fulfilled.

7.

Since at least October 1995, the Daily Times has engaged in unlawful employment

practices at its Farmington, New Mexico facility, in violation of Section 703(a) of Title VII, 42

US.C. § 2000e-2(a), including:

a. disciplining and discharging Gary Moes because of religion;

b. limiting the applicant pool because of religion;

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c. discriminating against a class of individuals by making hiring, promotion, discipline,

and discharge decisions based on religion;

d. discriminating against a class of individuals by subjecting them to a hostile work

environment and harassing them because of religion;

e. constructively discharging a class of individuals because of religion; and

f

otherwise discriminating against a class of individuals with respect to their

compensation, terms, conditions or privileges ofemployment on the basis of religion.

8. Since at least October 1995, the Daily Times has engaged in unlawful retaliatory

practices at its Farmington facility, in violation of Section 704(a) of Title VII, 42 US.c. § 2000e-

2(a), including, but not limited to, retaliating against a class of individuals by disciplining and

discharging them because they opposed practices made unlawful by Title VII.

9. Since at least September 1995, the Daily Times has engaged in unlawful employment

practices in violation ofSection 704(b) ofTitle VII, 42 US.C. § 20003-3(b), by causing to be printed

advertisements relating to referral for employment that indicate a preference, specification or

limitation based on religion.

10. Since at least September 1995, the Daily Times has engaged in a pattern or practice

of resistance to the full enjoyment of rights secured by Title VII. The pattern or practice is of such

a nature and is intended to deny employe€:s and applicants the full exercise of their Title VII rights

because of religion, in violation of Section 707 of Title VII.

11. The effect ofthe practices complained ofin paragraphs 7,8,9, and 10 above has been

to deprive Gary Moes and a class of individuals of equal employment opportunities and otherwise

adversely affect their status as employees because of their religion and in retaliation for opposing

practices made unlawful by Title VII.

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11. The unlawful employment practices complained of in paragraphs 7, 8, 9, 10, and 11 above were intentional.
PRAYER FOR RELIEF Wherefore, the Commission respec:tfully requests that this Court: A. Grant a permanent injunction enjoining Defendant the Daily Times and its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the bases of religion or retaliation. B. Order Defendant the Daily Times to institute and carry out policies, practices and programs which provide equal employment opportunities regardless to employees and applicants regardless of religion and to those who oppose unlawful employment discrimination, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant the Daily Times to make whole Gary Moes and a class ofindividuals by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices including, but not limited to, their rightful place reinstatement. D. Order Defendant the Daily Times to make whole Gary Moes and a class ofindividuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to costs incurred for obtaining medical treatment, subsequent employment, and moving expenses in amounts to be determined at trial. E. Order Defendant to make whole Gary Moes and a class of individuals by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, loss of enjoyment oflife, and humiliation
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in amounts to be determined at trial.

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

G. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED thi~ay of March, 2000.

Respectfully submitted,

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

~~/~ RICHARD R. TRUJILLO I Regional Attorney

~~~./~

MARY JO O'NEILL

I

Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5061 Attorneys for Plaintiff
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 IN THE UNITED STATES DISTRICT COU~T ... " ..~.', FOR THE DISTRICT OF NEW M~XlW I

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

v.

)

)

NEW MEXICO NEWSPAPERS, INC., d/b/a THE DAILY TIMES,
GARDEN STATE NEWSPAPERS, INC., and NORTHWEST NEW MEXICO

) ) )

PUBLISHING COMPANY,

)

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Defendants.

)

-------------------------)

CIV. 00-469 LH/RLP
STIPULATION FOR DISMISSAL WITH PREJUDICE

STIPULATION FOR DISMISSAL WITH PREJUDICE As the parties have settled this matter as reflected in the attached Settlement Agreement, incorporated herein by reference, it is hereby stipulated by Plaintiff Equal Employment Opportunity Commission and Defendants New Mexico Newspapers, Inc, d/b/a the Daily Times, Garden State Newspapers, Inc.,

and Northwest New Mexico Publishing Company, through their respective

counsel undersigned, that the above-entitled action may be dismissed, with

prejudice, with the parties to bear their own respective costs and attorneys' fees.

Respectfully submitted this& day of February, 2001
RICHARD R. TRUJILLO Regional Attorney
C. EMANUEL SMITH Supervisory Trial Attorney

Hynes, Hale GGurley 1000 W. Apache Farmington, NM 8740 Telephone (505) 325-8813
Attorneys for Defendant

-~)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Avenue, Suite 690 Phoenix, Arizona 85012
. LORETTA MED Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette N.W., Suite 900 Albuquerque, New Mexico 87102 Telephone: (505) 248-5231
Attorneys for Plaintiff

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

Plaintiff,

)

v.

)

)

NEW MEXICO NEWSPAPERS, INC., d/b/a THE DAILY TIMES,
GARDEN STATE NEWSPAPERS, INC.,

) )

and NORTHWEST NEW MEXICO

)

PUBLISHING COMPANY,

)

)

Defendants.

)

------------------------)

CIV. 00-469 LH/RLP SETTLEMENT AGREEMENT

SETTLEMENT AGREEMENT 1. The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed a Complaint, in the United States District Court in the District of New Mexico (CIV 00-469 RLP/LH), against Defendants, New Mexico Newspapers, Inc, d/b/a the Daily Times, Garden State Newspapers, Inc., and Northwest New Mexico Publishing Company Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. In the Complaint, the Commission alleged that Garry Moes and other employees and applicants were discriminated against by New Mexico Newspaper Inc., d/b/a the Daily Times because they did not hold the same religious beliefs as the defendant's owner-publisher. The Commission

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alleged that, because of religion, Mr. Moes and a class of individuals were disciplined, discharged, constructively discharged, denied hire or promotion, and subjected to hostile work environment. In addition, the Commission alleged the Daily Times limited its applicant pool because of religion. Defendants deny the allegations of the Commission's Complaint and assert that they have not violated Title VII and, more specifically, that it did not discriminate on the basis of religion. 2. The EEOC alleged, and Defendants denied, that Defendants Garden State Newspapers, Inc., and Northwest New Mexico Publishing Company were successors to Defendant New Mexico Newspapers, Inc. Plaintiff made no allegations of discriminatory conduct against these two Defendants. Consequently, when the obligations described in the Paragraphs below have been fully satisfied, Defendants Garden State Newspapers, Inc., and Northwest New Mexico Publishing Company are dismissed as parties. 3. This Settlement Agreement ("Agreement") does not constitute an admission of liability by the Defendants, nor an adjudication on the merits of the allegations of the Complaint. This Agreement is not admissible in any proceeding, except a proceedings(s) to enforce the terms of the Agreement. 4. This Agreement resolves any and all claims of Garry Moes and the EEOC arising out of Charge Nos 390-96-0690 and 390-97-0733 against Defendant New Mexico Newspapers, Inc., including without limitation, claims for back pay and compensatory damages, interest, injunctive relief, attorney's fees and costs
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arising out of the issues in this lawsuit during New Mexico Newspaper, Inc.'s, ownership of the Daily Times. 5. Defendant New Mexico Newspapers, Inc., agrees to pay the amount of $ 95,000.00 to Garry Moes in full settlement of his claim for compensatory damages. Defendant will make this payment to him in a lump sum and will issue a 1099 for this amount. Garry Moes shall be responsible for payment of all applicable taxes. 6. Defendant New Mexico Newspapers, Inc., agrees to pay the amount of $ 20,000.00 to Mark Redfearn in full settlement of his claim for compensatory damages. Defendant this payment to him in a lump sum and will issue a 1099 for this amount. Mark Redfearn shall be responsible for payment of all applicable taxes. 7. Defendant New Mexico Newspapers, Inc., agrees to pay the amount of $ 20,000.00 to Catherine Gray Beuten in full settlement of her claim for compensatory damages. Defendant will make this payment to her in a lump sum and will issue a 1099 for this amount. Ms. Beuten shall be responsible for payment of all applicable taxes. 8. Defendant New Mexico Newspapers, Inc., agrees to pay the amount of $ 40,000.00 tto Christine Vasonez in full settlement of her claim for compensatory damages. Defendant will make this payment to her in a lump sum and will issue a 1099 for this amount. Ms. Vasonez shall be responsible for payment of all applicable taxes.
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9. Defendant New Mexico Newspapers, Inc., agrees to pay the settlement amounts described in Paragraphs 5 - 8 via business checks within thirty (30) days of the execution of this Agreement. 10. The checks provided for in Paragraphs 5 - 8 shall be made payable to the named individuals and shall be mailed directly via certified mail to them at the address provided by the EEOC. Within five days of issuance of the checks, Defendant New Mexico Newspapers, Inc., shall submit a copy of the checks and related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, Phoenix District Office, 3300 N. Central, Suite 690, Phoenix, Arizona 85022.
Respectfully submitted thiS.a.tL day of February, 2001
C. EMANUEL SMITH Acting Regional Attorney
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Avenue, Suite 690 Phoenix, Arizona 85012
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Hynes, Hale 1000 W. Apache Farmington, NM 8740 Telephone (505) 325-8813
Attorneys for Defendants

~~"'tt- LORETTA MEDIN Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette N.W., Suite 900 Albuquerque, New Mexico 87102 Telephone: (505) 248-5231
Attorneys for Plaintiff

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MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:00-cv-00469-LH-RLP

EEOC v. New Mexico Newspaper, et al Assigned to: District Judge C. LeRoy Hansen Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/31/2000 Date Terminated: 02/21/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 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

Richard R. Trujillo EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra Padegimas EEOC Phoenix District Office

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V. Defendant New Mexico Newspapers Inc doing business as The Daily Times
Defendant Garden State Newspapers, Inc
Defendant NorthWest New Mexico Publishing Company

3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Curtis R. Gurley Gurley Law Firm PO Box 1982 Farmington, NM 87499-1982 (505) 325-8813 Fax: 327-6034 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Curtis R. Gurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Curtis R. Gurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/31/2000 03/31/2000
04/05/2000 04/06/2000

#

Docket Text

1 COMPLAINT w/Jury Trial Demand for Employment Discrimination (1 Summons(es) issued) (bap) (Entered: 04/03/2000)
LETTER from the Clerk to counsel regarding Consent to Proceed Before Magistrate Judge Puglisi, consent forms were provided (bap) (Entered: 04/03/2000)
2 NOTICE by plaintiff of refusal to consent to proceed before a US Magisttrate Judge (Puglisi) (cc: Intake) (jrm) (Entered: 04/05/2000)
3 MINUTE ORDER Case reassigned to Judge C. LeRoy Hansen and Case referred to Magistrate Judge Richard L. Puglisi ; All further pleadings to be filed as CIV 00-469 LH/RLP (cc: all counsel) (jrm) (Entered: 04/06/2000)

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05/01/2000
05/01/2000 05/17/2000 06/06/2000
07/11/2000 08/07/2000
08/08/2000
08/11/2000
08/11/2000 08/15/2000 09/05/2000 09/13/2000 09/14/2000
09/14/2000 09/14/2000 09/15/2000 09/18/2000

4 FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Garden State News, NorthWest New Mexico ( 3 Summons(es) issued) (jrm) (Entered: 05/01/2000)
(3) SUMMONS issued as to defendants (jrm) (Entered: 05/01/2000)
5 WAIVER OF SERVICE upon defendant NorthWest New Mexico on 5/11/2000 (jrm) (Entered: 05/17/2000)
6 WAIVER OF SERVICE upon defendant New Mexico Newspaper, defendant Garden State News, defendant NorthWest New Mexico on 6/2/2000 (jrm) (Entered: 06/06/2000)
7 ANSWER by defendants [4-1] (jrm) (Entered: 07/11/2000)
8 INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 9-13-2000 @ 9:00 am; provisional discovery plan and IPTR due 9-5-2000 (cc: all counsel*) (jrm) (Entered: 08/08/2000)
9 AMENDED INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 9-13-2000 @ 9:00 am (previously entered order on 8-7-2000 missing pages); provisional discovery plan and IPTR due 9-5-2000 (cc: all counsel*) (jrm) (Entered: 08/08/2000)
10 APPLICATION by plaintiff for Clerk's entry of default against deft Northwest New Mexico Publishing Company (default not entered, deft answered on 7-11-2000) (jrm) (Entered: 08/14/2000)
11 AFFIDAVIT of Loretta Medina in support of application for entry of default by Clerk of Court [10-1] (jrm) (Entered: 08/14/2000)
12 RETURN OF SERVICE executed upon defendant Garden State News on 7/27/2000 (jrm) (Entered: 08/15/2000)
13 PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 09/05/2000)
14 CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference HELD (jrm) (Entered: 09/13/2000)
15 ORDER by Magistrate Judge Richard L. Puglisi setting a settlement conference for 2-20-2001 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 09/14/2000)
16 CERTIFICATE of service by pltf of initial disclosures to counsel on 9/12/00 (vv) (Entered: 09/15/2000)
17 CERTIFICATE of service by pltf of amended Rule 26(A)(1) disclosure statement to counsel on 9/13/00 (vv) (Entered: 09/15/2000)
19 CERTIFICATE of service by defts of initial disclosures to counsel on 9/12/00 (vv) (Entered: 09/18/2000)
18 INITIAL PRE-TRIAL REPORT District Judge C. LeRoy Hansen and Magistrate Judge Richard L. Puglisi ; Discovery set 2/12/2001 ; mtn filing ddl set for 4/30/2001 ; proposed pretrial order due 5/17/2001 ; Estimated # of Trial Days: 8-10; Chances of Settlement: FAIR (cc: all counsel/RLP) (jrm) (Entered: 09/18/2000)

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09/18/2000
10/30/2000
11/13/2000 11/17/2000 11/20/2000
01/16/2001 02/20/2001 02/21/2001 02/21/2001

20 CERTIFICATE of Service by pltf of first set of non-uniform interrogatories and first request for production of documents, mailed to opposing counsel of record on 9/14/00 (bap) (Entered: 09/20/2000)
21 CERTIFICATE of Service by defts of answers to first request for production of documents and answers to first set of interrogatories, mailed & faxed to opposing counsel of record on 10/24/00 (bap) (Entered: 11/01/2000)
22 UNOPPOSED MOTION by plaintiff to extend time to serve mtn to compel (time not specified) (jrm) (Entered: 11/14/2000)
24 CERTIFICATE of service by defendants of interrogatories and request for production to counsel on 11/14/00 (sl) (Entered: 11/22/2000)
23 ORDER by Magistrate Judge Richard L. Puglisi granting pltf's unopposed motion to extend time until 12-08-2000 to serve mtn to compel [22-1] (cc: all counsel) (jrm) (Entered: 11/20/2000)
25 CERTIFICATE of service by pltf of response to interrogatories & request for production to counsel on 1/12/01 (vv) (Entered: 01/16/2001)
SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi; case has settled (jrm) (Entered: 02/20/2001)
26 STIPULATION for dismissal w/prejudice by parties herein (jrm) (Entered: 02/21/2001)
27 ORDER of dismissal w/prejudice by District Judge C. LeRoy Hansen granting the parties stipulation of dismissal [26-1] dismissing case (cc: all counsel) (jrm) (Entered: 02/22/2001)

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