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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ALLIANCE RESIDENTIAL, LLC, d/b/a

)

ALLIANCE RESIDENTIAL MANAGEMENT )

and ALLIANCE RESIDENTIAL COMPANY )

)

Defendant.

)

)

CIV.
COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful employment

practices on the basis of age and to provide appropriate relief to Patricia Shook who was adversely

affected by such practices while working as a Leasing Consultant at the Summit Apartments in

Albuquerque, New Mexico. The Commission alleges that Ms. Shook, a part-time employee, was denied

a full-time position, laid off and replaced the same day by a significantly younger, less experienced

employee because of her age, 74.

JURISDICTION AND VENUE

1. Jurisdictionof this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and

1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by

1

reference Sections 16 (c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.
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, the EqualEmployment OpportunityCommission(the "Commission"),is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant Alliance Residential (“Defendant” or “Employer”), an Arizona corporation, has continuously been and is doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630 (b), (g) and (h).
CONCILIATION 6. Prior to institutionof this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of
2

the ADEA, 29 U.S.C. § 626(b).

STATEMENT OF CLAIMS

7.

Since at least November 1, 2002, the Defendant Employer has engaged in unlawful

employment practices at the Summit Apartments in Albuquerque, New Mexico, in violation of Section 4

of the ADEA, 29 U.S.C. § 623 (a) (1) and (2). These practices include:

a) not offering Ms. Shook a full-time position as a Leasing Consulting because of her age,

74;

b) laying off Ms. Shook because of her age, 74; and

c) offering the Leasing Consultant position to a younger, less experienced person.

8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms.

Shook of equal employment opportunities and otherwise adversely affect her status as an employee

because of her age.

9. The unlawful employment practices complainedof in paragraph 7 above were willful within

the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

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

3

assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of age against individuals 40 years of age and older.
B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result ofthe acts complained of above including, but not limited to, Patricia Shook.
D. Order Defendant Employerto makewhole all individuals adversely affected bythe unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, the reinstatement of Ms. Shook or front pay in lieu of reinstatement.
E. Grant such further relief as the Court deems necessary and proper in the public interest. F. 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 this 12th day of August 2003.
4

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
Filed Electronically MARY JO O’NEILL Regional Attorney
Filed Electronically C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
Filed Electronically LORETTA MEDINA Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney
5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230 Attorneys for Plaintiff
6

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

CIV-03-933 BB/RLP (ACE)

v.

)

)

ALLIANCE RESIDENTIAL, LLC, d/b/a

)

AMENDED COMPLAINT

ALLIANCE RESIDENTIAL COMPANY )

)

Defendant.

)

)

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful employment

practices on the basis of age and to provide appropriate relief to Patricia Shook who was adversely

affected by such practices while working as a Leasing Consultant at the Summit Apartments in

Albuquerque, New Mexico. The Commission alleges that Ms. Shook, a part-time employee, was denied

a full-time position, laid off and replaced the same day by a significantly younger, less experienced

employee because of her age, 74.

JURISDICTION AND VENUE

1. Jurisdictionof this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and

1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by

1

reference Sections 16 (c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.
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, the EqualEmployment OpportunityCommission(the "Commission"),is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant Alliance Residential (“Defendant” or “Employer”), an Arizona corporation, has continuously been and is doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least 20 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630 (b), (g) and (h).
CONCILIATION 6. Prior to institutionof this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of
2

the ADEA, 29 U.S.C. § 626(b).

STATEMENT OF CLAIMS

7.

On or about November 1, 2002, the Defendant Employer engaged in unlawful

employment practices at the Summit Apartments, a facility managed by Defendant in Albuquerque, New

Mexico, in violation of Sections 4(a) (1) and (2) of the ADEA, 29 U.S.C. § 623 (a) (1) and (2). These

practices include:

a) not offering Ms. Shook a full-time position as a Leasing Consulting because of her age,

74;

b) laying off Ms. Shook because of her age, 74; and

c) offering the Leasing Consultant position to a younger, less experienced person.

8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms.

Shook of equal employment opportunities and otherwise adversely affect her status as an employee

because of her age.

9. The unlawful employment practices complained of inparagraph7 above were willful within

the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

3

A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of age against individuals 40 years of age and older.
B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages or prejudgment interest in lieu thereof to individuals whose wages are being unlawfully withheld as a result of the acts complained of above including, but not limited to, Patricia Shook.
D. Order Defendant Employerto makewhole allindividuals adverselyaffectedby the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, the reinstatement of Ms. Shook and/or front pay.
E. Grant such further relief as the Court deems necessary and proper in the public interest. F. 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 this 13th day of August 2003.
4

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
Filed Electronically MARY JO O’NEILL Regional Attorney
Filed Electronically C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
Filed Electronically LORETTA MEDINA Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102
5

(505) 248-5230 Attorneys for Plaintiff
6

 
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MTNDDL, TERMED, TRANSF
U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:03-cv-00933-JCH-RLP

EEOC v. Alliance Residential Assigned to: District Judge Judith C. Herrera Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/12/2003 Date Terminated: 05/02/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 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

Veronica A Molina Equal Employment Opportunity Commission Legal Unit

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V.
Defendant
Alliance Residential LLC doing business as Alliance Residential Management doing business as Alliance Residential Company

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
represented by Donald A. Wall Squire, Sanders & Dempsey 40 North Central Avenue #2700 Phoenix, AZ 85004-4441 (602) 528-4000 Fax: 253-8129 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric R. Burris Brownstein Hyatt Farber Schreck 201 Third St NW, Suite 1700 Albuquerque, NM 87102 (505) 244-0770 Fax: (505) 244-9266 Email: eburris@bhfs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kimberly J Cilke Squire, Sanders & Dempsey 40 North Central Avenue #2700 Phoenix, AZ 85004-4441 (602) 528-4000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/12/2003
08/13/2003 08/14/2003

#

Docket Text

1 COMPLAINT for age discrimination w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi) (ed) (Entered: 08/12/2003)

2 AMENDED COMPLAINT [1-1] by plaintiff EEOC * (sl) (Entered: 08/13/2003)

SUMMONS issued as to CT Corporation, Registered Agent (ed)

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09/09/2003 09/22/2003
11/12/2003 11/12/2003 11/13/2003 11/19/2003 11/20/2003 12/09/2003 12/12/2003 12/12/2003 12/12/2003 12/23/2003 12/29/2003
03/19/2004 03/30/2004

(Entered: 08/14/2003)
3 ANSWER by defendant Alliance Residential [2-1] (sl) (Entered: 09/09/2003)
4 INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 11/19/03 at 9:00 am; provisional discovery plan and IPTR due on 11/10/03 (cc: all counsel*) (sl) (Entered: 09/22/2003)
5 PROVISIONAL DISCOVERY PLAN by the parties (ed) (Entered: 11/13/2003)
6 CERTIFICATE by plaintiff of service of initial disclosures to counsel on 11/12/03 (ed) (Entered: 11/13/2003)
7 CERTIFICATE by defendant of service of Rule 26 initial disclosures to counsel on 11/12/03 (ed) (Entered: 11/14/2003)
9 CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference held (sl) (Entered: 11/20/2003)
8 ORDER by Magistrate Judge Richard L. Puglisi setting settlement conference for 4/26/04 at 1:00 pm in Albuquerque, NM (cc: all counsel*) (sl) (Entered: 11/20/2003)
10 CERTIFICATE of service by plaintiff of first supplemental initial disclosures to counsel on 12/9/03* (sl) (Entered: 12/10/2003)
11 CERTIFICATE of service by plaintiff of first request for admission to counsel on 12/11/03* (sl) (Entered: 12/12/2003)
12 CERTIFICATE of service by plaintiff of first set of interrogatories to counsel on 12/11/03* (sl) (Entered: 12/12/2003)
13 CERTIFICATE of service by plaintiff of first request for production of documents to counsel on 12/11/03* (sl) (Entered: 12/12/2003)
14 NOTICE by plaintiff of withdrawal of incorrectly filed document* (sl) (Entered: 12/23/2003)
15 INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Richard L. Puglisi ; Discovery set for 3/17/04 ;mtn filing ddl set for 5/6/04 ; proposed pretrial order due 7/22/04 ; pretrial conference set for 8:30 am on 8/23/04 ; jury trial set for 9:00 am on 9/7/04 ; Estimated # of Trial Days: 5; Chances of Settlement: Unknown (cc: all counsel) (sl) Modified on 01/06/2004 (Entered: 12/29/2003)
16 ORDER by Magistrate Judge Richard L. Puglisi resetting the settlement conference for 4/13/04 at 9:00 am (cc: all counsel*) (kd) (Entered: 03/19/2004)
17 ORDER by Magistrate Judge Richard L. Puglisi vacating settlement conference set for 4/13/04 (cc: all counsel*) (sl) (Entered: 03/30/2004)

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04/08/2004 06/18/2004 05/02/2006

18 (ORDER) CONSENT DECREE by District Judge Bruce D. Black as described herein (cc: all counsel) (jrm) (Entered: 04/08/2004)
19 MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Judge Bruce D. Black to District Judge Judith C. Herrera (cc: all counsel*) (sl) (Entered: 06/18/2004)
20 FINAL ORDER by District Judge Judith C. Herrera dismissing case (cc: all counsel*) (sl) (Entered: 05/02/2006)

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