FILED
? iHiirfD r,~TF S illS Hiler CO~!:; fJ,-:>itlkl Or ',r\i! Hf /IUI ~

98 JAN 28 PH /: 25

IN

THE FOR

TUHNEITDEIDSTSRTIACTTEOSFDNISETWRIMCEXTIcCilOi~U;.R(T.~'-I

r~.),;

)
?/;.:cv(

CLERK-A!.a~GU[RQUE

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LOEWEN GROUP INTERNATIONAL, INC., )

d/b/a MEMORY GARDENS OF THE

)

VALLEY,

)

)

__________________ _ ~D~eD~e~n~dan~t.~ _____)

98 o1 12 JP

COMPLAUL1fSUE C. SMrr

JURY TRIAL DEMAND

H IJ

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of national origin and to provide appropriate relief to Jose Ponce and Martha Avila who were adversely affected by such practices. The Commission alleges that Jose Ponce and Martha Avila were discriminatorily discharged from their positions as funeral telemarketers because of their national origin.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. Sections 2000e-5(f))(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Section 1981a.

/

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for New Mexico.
PARTIES 3. Plaintiff, the 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. Sections 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Loewen Group International, Inc. (the "Employer" or "Loewen"), a Delaware corporation, had continuously been doing business in Santa Teresa, New Mexico, and had 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 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jose Ponce and Martha Avila filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about July 23, 1996, Defendant Employer engaged in unlawful employment practices at its Santa Teresa, New Mexico, facility, in violation of Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Sections 2000e-5(f))(l) and (3), by discharging Jose Ponce and Martha Avila from their positions as funeral telemarketers, positions which both held and performed in the Spanish language prior to their discharge, because of their national origin. 8. The effect of the practices complained of in paragraph 7 above has been to

deprive Jose Ponce and Martha Avila of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained on in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Jose Ponce and Martha Avila.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: 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 unlawful employment discrimination and any other employment practice which discriminates on the basis of national origin. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for Spanish speaking employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Jose Ponce and Martha Avila, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices including but not limited to front pay of Jose Ponce and Martha Avila. D. Order Defendant Employer to make whole Jose Ponce and Martha Avila, 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 determined at trial.

E. Order Defendant Employer to make whole Jose Ponce and Martha Avila by

providing compensation for past and future nonpecuniary losses resulting from the unlawful

practices complained of in paragraph 7 above, including emotional pain, suffering,

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.

F. Order Defendant Employer to pay Jose Ponce and Martha Avila punitive damages

for its malicious and reckless conduct described in paragraph 7 above, in amounts to be

determined at trial.

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

interest.

H. 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.

7K Dated this

day ofJanuary, 1998.

Respectfully submitted,

G. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

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

{{~ ~
RICHARD R. TR~LO
Regional Attorney
/
Phoenix District Office 3300 N. Central Avenue, Suite 690 Phoenix, AZ 85012
Lt:L8~A YJlelwJ VERONICA A. MOLINA Trial Attorney
LORETTA MEDINA Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, NM 87102 (505) 248-5231

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.

Civ. No. 98-112 JP/LCS-ACE

LOEWEN GROUP INTERNATIONAL, INC., d/b/a Memory Gardens of the Valley,

Defendant.

ORDER

This matter comes before the Court upon Plaintiff’s Motion to Compel, filed August 7,

1998, and Defendant’s Motion and Brief in Support of Motion to Compel Plaintiff’s Complete

Answers to Interrogatories and Responses to Request for Production, filed August 11, 1998.

Both these motions were heard at a recorded telephonic hearing held on August 28, 1998.

A. Plaintiff’s Motion to Compel

The following is HEREBY ORDERED with respect to the Plaintiff’s Motion to Compel:

The Defendant shall produce the personnel files of Mr. Bennett, Ms. Whitney, and Ms.

Rockwell to the Plaintiff on or before September 14, 1998. Those personnel files shall be for

counsel’s eyes only until further order of the Court. Ms. Manning will prepare a confidentiality

order to that effect no later than September 8, 1998. Should Ms. Manning feel that any part of

the personnel files are not subject to disclosure, she will compile a log of those items and submit it

to Ms. Molina. Any disputed items shall be subject to an in camera review.

1

B. Defendant’s Motion to Compel The following is HEREBY ORDERED with respect to the Defendant’s motion to compel: a. Request for Production No. 1. Plaintiff shall produce to the Defendant the following
documents on or before September 14, 1998: marriage and divorce certificates, and high school and post-high school diplomas and certificates of completion of educational programs.
b. Requests for Production Nos. 4 and 5. Plaintiff shall produce to the Defendant the following documents on or before September 14, 1998: income tax returns, W-4 forms, and pay stubs for the period of July 1, 1991 to July 1, 1996. The Plaintiff shall on or before September 14, 1998 respond in writing to the Defendant regarding the post-1996 documents.
c. Requests for Production Nos. 9 and 10. Plaintiff shall on or before September 14, 1998 produce to the Defendant the employment record releases for the period of July 1, 1991 to July 1, 1996. The Defendant shall copy and submit to the Plaintiff any document received pursuant to those releases. IT IS SO ORDERED.
____________________________________ Leslie C. Smith UNITED STATES MAGISTRATE JUDGE
2

 
 FllJED
U.S. Dlc:rRICT COURT ALf\l ','\1 i'::"'f~\IIE. NEW MEXICO

DEC 16 1998

. J ~'~t..J;~J?~~

IN THE UNITED STATES DISTRICT COURT

CLERK

FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LOEWEN GROUP INTERNATIONAL, INC., )

d/b/a MEMORY GARDENS OF THE

)

VALLEY,

)

)

__________________ _ ~D~eft~e~nd~a=n~t. ________)

CIV 98-112 JPILCS

CONSENT DECREE The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against Loewen Group International, Inc., d/b/a Memory Gardens of the Valley ("Loewen") to enforce Title VII of the Civil Rights act of 1964,42 U.S.C. §2000e ~ ~. (Title VII). In the complaint, the Commission alleged that Loewen violated Title VII when it discharged Jose Ponce and Martha Avila from their positions as funeral telemarketers, positions which both held and performed in the Spanish language prior to their discharge, because of their national origin. Loewen denies the allegations of the Complaint.

General Provisions 1. The parties consent to the jurisdiction of the Court over this action. 2. This Consent Decree shall constitute neither an admission by Loewen of any violation of Title VII nor an adjudication by this Court on the merits of the allegations in the complaint. 3. This Consent Decree resolves all claims of the EEOC and Jose Ponce and Martha Avila against Loewen, including but not limited to claims for back pay, damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit. 4. Loewen and its officers, agents, employees, successors, and assigns, for the dmration of the decree, shall not discriminate against any employee because of their national origin.
Relief to Jose Ponce and Martha Avila 5. In accordance with this Decree, Jose Ponce shall receive $8,000 ($654.50 in back pay and $7,345.50 in compensatory damages) and Martha Avila shall receive $8,000 ($654.50 in back pay and $7,345.50 in compensatory damages) from Loewen in full and complete settlement of all claims against Loewen. 6. Loewen shall pay the settlement amounts to Mr. Ponce and Ms. Avila within twenty days of the date of entry of this Consent Decree. The checks will be made payable to Jose Ponce and Martha Avila. The appropriate federal and state taxes will be withheld from the back pay checks and W-2 forms will be issued to Mr. Ponce and Ms. Avila for the remaining amounts. 7. Loewen shall mail the checks to Mr. Ponce and Ms. Avila at the addresses provided by the EEOC. Within five days of the issuance of the checks, Loewen will submit a copy of the checks and related correspondence to the Regional Attorney, Equal Employment Opportunity
2

Commission, Albuquerque District Office, 505 Marquette NW, Suite 900, Albuquerque, New M(~xico 87102-2189.
8. In response to any employment inquires or reference checks concerning Mr. Ponce and Ms. Avila, Loewen shall provide only Mr. Ponce's and Ms. Avila's dates of employment and po:!iitions held.
9. Loewen shall not take any action against Mr. Ponce and Ms. Avila in retaliation for opposing any unlawful employment practice, for filing a charge with the EEOC, or for assisting or participating in the filing of a charge of discrimination or assisting or participating in an investigation or proceeding under Title VII.
Loewen's Policies and Practices 10. Loewen shall carry out its policies and practices that guarantee a work environment free from national origin discrimination of its applicants or employees. 11. Loewen shall post in a prominent place frequented by its employees at its EI Paso, Texas and Santa Teresa, New Mexico facilities the notice attached as Exhibit A, in Spanish and English. The Notice shall be the same type, style and size as Exhibit A. 12. Loewen shall provide training on discrimination according to the following terms:
A. Loewen will retain and pay for a consultant/lecturer who will provide consultation and training for one seminar-training session. All employees, including all managers and supervisors at the Loewen Santa Teresa, New Mexico facility shall attend the seminar. The seminar will be videotaped. The videotape will be viewed by Patricia Konen and Geoffrey Bennet in their respective locations. Patricia Konen and Geoffrey Bennet will certify in an affidavit that they viewed the videotape. The video tape will also be viewed by the employees, including all
3

managers and supervisors at the Loewen El Paso, Texas facility. B. The seminar will be conducted within four months of the date of
entry of this Consent Decree. C. Loewen will select the consultant/lecturer. Loewen will submit the
name, address, telephone number, and resume of the proposed consultant/lecturer together with the dates of the proposed seminar and the details of the contents of the training to the Regional Attorney of the Albuquerque District Office of the EEOC within 60 days of the date of the entry of this Consent Decree. The EEOC will have 30 days from the date of receipt of the information to approve or reject the proposed consultant/lecturer and/or the contents of the seminar, which consent shall not be reasonably withheld. In the event the Commission does not approve Loewen's designated consultant/lecturer, the Commission after consultation with Loewen will designate the consultantllecturer at a cost not to exceed $2,000.00 which shall be paid by Loewen.
D. The seminar-training session will include a minimum of two hours of instruction. All personnel, designated in paragraph A, will register and attend the seminar-training session. The list of attendees for the Santa Teresa, New Mexico and El Paso, Texas facilities will be retained by Loewen for the duration of the Consent Decree.
E. The seminar will include the subjects: what constitutes national origin discrimination and retaliation under Title VII; that national origin discrimination and retaliation in hiring, firing, compensation, assignment or other terms, conditions or privileges of employment violate Title VII; how to prevent
4

national origin discrimination and retaliation; how to provide a work environment free from such discrimination; and to whom and by what means employees may complain if they feel they have been subjected to discrimination in the workplace. 13. The EEOC, at its discretion, may have an appropriate EEOC representative attend and participate to the extent necessary and reasonable to accomplish the goals of the seminartraining described in paragraph 12.
Reportine by Loewen and Access by EEOC 14. Loewen shall report in writing and in affidavit form to the Regional Attorney of the EEOC's Albuquerque District Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189, beginning six months from the date of the execution of this Consent Decree, and thereafter every six months for the 24 month duration of the Consent Decree, the following information:
A. Any changes, modifications, revocations, or revisions to its policies and procedures which concern or affect the subject of national origin discrimination and retaliation.
B. An affidavit stating that the Notice required in paragraph 11 of this Consent Decree was posted and the locations where it was posted.
C. The first report shall also contain a list of persons attending the seminar-training session described in paragraph 12 of this Consent Decree and a list of current personnel employed by Loewen at the Santa Teresa, New Mexico facility on the day of the seminar-training session.
D. The first report will also contain a list of persons attending the videotaped seminar at the El Paso, Texas facility and a list of current personnel
5

employed by Loewen at the EI Paso, Texas facility as of the date(s) when the videotape was reviewed.
E. The first report shall also contain an affidavit stating Patricia Konen and Geoffrey Bennett viewed the videotape described in paragraph 12. 15. During the duration of this Decree., the Commission, upon reasonable notice, may enter and inspect Loewen's premises to ensure compliance with this Consent Decree and federal anti-discrimination laws.
Costs and Duration 16. Each party shall bear its costs and attorney's fees incurred as a result of this action. 17. The duration of this Consent Decree shall be 24 months from the date of entry of the Decree. This Court shall retain jurisdiction of this action for the duration of the Decree, during which time the EEOC may petition this Court for compliance with the Decree and appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance should the Court determine that Loewen has not complied with the Decree, and Loewen may petition this Court for relief in the event of a disagreement over compliance with any of the provisions or implementation of this Decree. This Decree shall expire by its own terms at the end of 24 months after entry, without further action by the parties. 18. The parties agree to the entry ofthis Decree subject to final approval by the Court.
ENTERED AND ORDERED this _ _day of _ _ _ _ _ _ _, 1998.
R BLE JAMES A. PARKER TThI:r::pJ:It1) STATES DISTRICT COURT JUDGE
6

APPROVED AND CONSENTED TO:

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

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

icc~"mo~cArfi ICHARD R. TRUJILLO Regional Attorney

k~~~JP.cr-
MARY JO O'NEILL Supervisory Trial Attorney

%NICcKA ~. MA/NNId~~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
~A.:e~
VERONICA A. MOLINA Trial Attorney

LORETTA MEDINA Senior Trial Attorney

EASTHAM JOHNSON MONNHEIMER & JONTZ, P.C.
500 Marquette, N.W., Suite 1200 P.O. Box 1276 Albuquerque, NM 87103 (505) 247-2315

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5231

Attorneys for Defendant

Attorneys for Plaintiff

7

LOEWEN GROUP INTERNATIONAL, INC., d/b/a MEMORY GARDENS OF THE VALLEY IS FIRMLY COMMITTED TO FAIR EMPLOYMENT PRACTICES, AND WANTS YOU TO KNOW THE FOLLOWING IMPORTANT INFORMATION CONCERNING OUR POLICIES AGAINST DISCRIMINATION AND SPECIFICALLY LOEWEN GROUP'S COMMITMENT TO THE LAWFUL TREATMENT OF ALL EMPLOYEES:
It is unlawful under the federal law, Title VII of the Civil Rights Act of 1964, and state law to discriminate against an individual on the basis of national origin discrimination, in the hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. It is also unlawful to retaliate against any person because the person protested discriminatory practices, filed a charge with the EEOC, or assisted or participated in an investigation or proceeding under Title VII.
The management of Loewen Group believes national origin discrimination is conduct which has no place in the workplace.
If you believe you have been discriminated against by Loewen Group, you have the right to seek assistance from:
(1) U.S. Equal Employment Opportunity Commission, 505 Marquette NW, Suite 900, Albuquerque, NM 87012-2189, telephone (505) 248-5201 or 1-800-669-4000; or the U.S. Equal Employment Opportunity Commission, EI Paso Area Office, the Commons, Building C, Suite 100, 4171 N. Mesa Street, EI Paso, Texas 79902, telephone (915) 832-4001;
(2) the New Mexico Department of Labor, Human Rights Division (NMRD), 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87501, telephone (505) 827-6838.
If you believe you are being subjected to national origin discrimination or any other employment discrimination in violation of federal or state law, you have the right to file a charge with the EEOC or the NMHRD.
Federal law requires and Loewen Group believes that no action may be taken against you by any supervisory or management official of Loewen Group for (1) opposing discriminatory 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 or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the NMHRD listed above.
Exhibit A

 
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MTNDDL, REFER, STAYBK, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:98-cv-00112-JAP-LCS

EEOC v. Loewen Group, et al Assigned to: District Judge James A. Parker Referred to: Magistrate Judge Leslie C. Smith Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/28/1998 Date Terminated: 12/16/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by G. Gregory Stewart EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 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

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V.
Defendant
Loewen Group International Inc doing business as Memory Gardens of the Valley

(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
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
represented by Nickay B. Manning 725 Sierra Vista Rd Corrales, NM 87048 (505) 977-0148 Fax: 792-7856 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/28/1998 03/02/1998

#

Docket Text

1 COMPLAINT (2 Summonses issued) (referred to Magistrate Leslie C. Smith ) (former employee) (Entered: 01/29/1998)
2 ANSWER by defendant w/affirmative defenses [1-1] (jrm) (Entered: 03/03/1998)

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03/03/1998
04/06/1998 04/06/1998 04/14/1998 04/14/1998 04/21/1998 04/21/1998
04/27/1998 04/29/1998 05/18/1998 05/18/1998 05/20/1998 05/29/1998 06/02/1998 06/11/1998

3 INITIAL SCHEDULING ORDER by Magistrate Leslie C. Smith ; Rule 16 scheduling conference set for 5/18/98 at 2:00 pm; meet and confer by 3/31/98; provisional discovery plan and IPTR due 4/21/98 (CLERK) (cc: all counsel,electronically) (jrm) (Entered: 03/04/1998)
4 CERTIFICATE of Service by pltf of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)
5 CERTIFICATE of Service by deft of the initial disclosures to counsel on 4/6/98 (kd) (Entered: 04/07/1998)
6 ENTRY OF APPEARANCE for defendant by attorney Nickay B Manning (jrm) (Entered: 04/15/1998)
6 MOTION by deft for substitution of counsel (jrm) (Entered: 04/15/1998)
7 ATTORNEYS' PROVISIONAL DISCOVERY PLAN by parties (jrm) (Entered: 04/21/1998)
8 ORDER by Judge James A. Parker granting motion for substitution of counsel [6-1] and substituting the firm of Eastham Johnson Monnheimer & Jontz, P C for the firm of Kemp,Smith,Duncan & Hammond, P C (cc: all counsel) (jrm) (Entered: 04/21/1998)
9 MOTION by deft to extend time until 4/29/98 in which to file mtn to compel initial disclosures (jrm) (Entered: 04/28/1998)
10 ORDER by Magistrate Leslie C Smith granting mtn to extend time until 4/29/98 to file mtn to compel initial disclosures [9-1] (cc: all counsel) (rg) (Entered: 05/01/1998)
11 CERTIFICATE of supplemental disclosures by plaintiff to counsel on 5/15/98 (jrm) (Entered: 05/18/1998)
12 CLERK'S MINUTES: before Magistrate Leslie C Smith Rule 16 scheduling conference held settlement conference to be set in Las Cruces in August or September (rg) (Entered: 05/20/1998)
13 ORDER by Magistrate Leslie C. Smith setting settlement conference on 9/1/98 at 10:00 am in Las Cruces, NM (cc: all counsel, electronically) (jrm) (Entered: 05/21/1998)
14 CERTIFICATE of service of 1st set of interrogs by defendant to counsel on 5/29/98 (jrm) (Entered: 06/01/1998)
15 CERTIFICATE of service of 1st request for production by plaintiff to counsel on 6/1/98 (jrm) (Entered: 06/02/1998)
16 INITIAL PRE-TRIAL REPORT Judge James A. Parker and Magistrate Judge Leslie C. Smith ; Discovery set for 10/15/98 ;mtn filing ddl set for 12/1/98 ; proposed pretrial order due 12/31/98 ; pretrial conference set for 9:30 am on 1/5/99 ; jury trial set for 1:30 pm on 2/9/99 ; Estimated # of Trial Days: 6-10; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 06/11/1998)

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06/16/1998 06/18/1998 07/07/1998 07/15/1998 07/16/1998 07/31/1998 08/04/1998 08/07/1998 08/07/1998 08/07/1998 08/07/1998 08/10/1998 08/11/1998 08/12/1998 08/12/1998 08/17/1998

17 ORDER by Magistrate Judge Leslie C. Smith limiting interrogs to one set of 25 for each party (cc: all counsel, electronically) (jrm) Modified on 07/30/1998 (Entered: 06/16/1998)
18 CERTIFICATE of service of 1st set of non-uniform interrogs and 1st request for admissions by plaintiff to counsel on 6/17/98 (jrm) (Entered: 06/18/1998)
19 ORDER by Magistrate Judge Leslie C. Smith that the settlement conference set for 9/1/98 is VACATED and rescheduled for 9/3/98 at 11:00 am (cc: all counsel electronically) (kd) (Entered: 07/07/1998)
20 CERTIFICATE by defendant of service of response to first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)
21 CERTIFICATE by plaintiff of service of responses to first set of interrogatories & first request for production of documents to opposing counsel 7/15/98 (dmw) (Entered: 07/16/1998)
22 CERTIFICATE of service of answers to 1st set of interrogs and responses to request for production by deft to counsel on 7/31/98 (jrm) (Entered: 07/31/1998)
23 ORDER by Magistrate Judge Leslie C. Smith granting mtn to waive mtn packet rule and allow electronic filing (cc: all counsel, electronically) (jrm) (Entered: 08/05/1998)
24 MOTION by plaintiff to compel deft to fully respond to discovery requests (jrm) (Entered: 08/07/1998)
25 MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/07/1998)
26 CERTIFICATE of service of 1st supplemental response to 1st set of interrogs and 1st request for production by plaintiff to counsel on 8/6/98 (jrm) (Entered: 08/07/1998)
27 UNOPPOSED MOTION by defendant to extend time to compel pltf's answers to interrogs and requests for production (jrm) (Entered: 08/07/1998)
28 ORDER by Magistrate Judge Leslie C Smith granting deft's mtn to extend time to file mtn to compel pltf's answers to interrogs & requests for production until 8/10/98 [27-1] (cc: all counsel) (rg) (Entered: 08/11/1998)
29 MOTION and brief in support by deft to compel pltf's complete answers to interrogs and responses to request for production (jrm) (Entered: 08/12/1998)
30 CERTIFICATE of service of 2nd supplemental responses to 1st set of interrogs by plaintiff to counsel on 8/11/98 (jrm) (Entered: 08/12/1998)
31 ORDER by Magistrate Judge Leslie C. Smith setting telephonic hearing on deft's motion to compel [29-1] and pltf's motion to compel on 8/28/98 at 11:00 am [24-1] (cc: all counsel electronically) (rd) (Entered: 08/12/1998)
32 CERTIFICATE of service of identification of expert witnesses by plaintiff to counsel on 8/14/98 (jrm) (Entered: 08/17/1998)

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08/19/1998 08/19/1998 08/20/1998 08/21/1998 08/25/1998 08/25/1998
08/28/1998
08/28/1998 08/28/1998
08/28/1998 08/31/1998
09/01/1998 09/01/1998
09/03/1998 12/16/1998 06/07/1999

33 CERTIFICATE of service of 2nd supplemental response to deft's 1st request for production by plaintiff to counsel on 8/18/98 (jrm) (Entered: 08/20/1998)
34 CERTIFICATE of service of 1st supplemental initial disclosures by defendant to counsel on 8/19/98 (jrm) (Entered: 08/20/1998)
35 RESPONSE in opposition by defendant to motion to compel deft to fully respond to discovery requests [24-1] (jrm) (Entered: 08/21/1998)
36 CERTIFICATE of service of third supplemental responses to first request for production by plaintiff to counsel on 8/18/98 (jrm) (Entered: 08/21/1998)
37 JOINT MOTION by parties to extend time until 9/1/98 for pltf to file mtn to compel (jrm) (Entered: 08/25/1998)
38 RESPONSE by pltf EEOC to deft's mtn to compel pltf's complete answers to interrogs and responses to request for production [29-1] (rg) (Entered: 08/26/1998)
39 REPLY by plaintiff to response to motion to compel pltf's complete answers to interrogs and responses to request for production [29-1] (jrm) (Entered: 08/28/1998)
40 CERTIFICATE of service of responses to 3rd supplemental set of interrogs by plaintiff to counsel on 8-27-98 (jrm) (Entered: 08/28/1998)
41 ORDER by Magistrate Judge Leslie C. Smith granting motion to extend time until 9/1/98 for pltf to file mtn to compel [37-1] (cc: all counsel) (rg) (Entered: 08/28/1998)
42 CLERK'S MINUTES: hearing held before Magistrate Judge Leslie C Smith re: mtns to compel [29-1] & [24-1] (rg) (Entered: 08/31/1998)
43 ORDER by Magistrate Judge Leslie C. Smith re: pltf's mtn to compel [29-1] and deft's mtn and brief in support of mtn to compel pltf's complete answers to interrogs and responses to request for production as described herein [24-1] (cc: all counsel, electronically) (jrm) (Entered: 08/31/1998)
44 MOTION by plaintiff to compel deft to fully respond to discovery requests served on 6-17-98 (jrm) (Entered: 09/02/1998)
45 MEMORANDUM by plaintiff in support of motion to compel deft to fully respond to discovery requests served on 6-17-98 [44-1] (jrm) (Entered: 09/02/1998)
SETTLEMENT CONFERENCE held before Judge Leslie Smith; parties to submit consent decree by 10/15/98 (former employee) (Entered: 09/08/1998)
46 CONDENT DECREE by Judge James A. Parker as described herein dismissing case (cc: all counsel) (jrm) (Entered: 12/17/1998)
47 NOTICE by defendant of filing bankruptcy (dmw) (Entered: 06/07/1999)

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