Case 3:06-cv-00519-LRH-RAM Document 1-1 Filed 09/29/2006 Page 1 of 6

1 Anna Y. Park, CA SBN 164242

Victor Viramon!% CA SBN 21415 8

2 U.S. EOUAL ENwLOYMENT

3

OPPORTUNITY 255 East TemQ_le

COMMISSION Stree~ Fourth Floor

Los Angeles, CA 900 1L

4 Telephone: (213) 894-1091 Facsimile: (213) 894-1301

5 E-Mail: lado.legal@eeoc.gov

6 Attome~ for Plaintiff U.S. E UAL EMPLOYMENT
7 OPPOR UNITY COMMISSION

8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
13

14

Plaintiff,

15
VS.

16

17

NEVADA ADVERTISING, LLC; GOLDEN WEST ADVERTISING,

18 INC., and DOES 1-10, Inclusive,

19
Defendants. 20

Case No.: CV-S-- - - - - -
COMPLAINT- TITLE VII CIVIL RIGHTS:
• SEXUAL HARASSMENT • RETALIATION
DEMAND FOR JURY TRIAL

21

22

23

NATURE OF THE ACTION

24

1. This is an action under Title VII of the Civil Rights Act of 1964 and

25 Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on

26 the basis of sex, and to provide appropriate relief to the Charging Parties Kristine

27 Cornejo and Steven Peaks, who were adversely affected by such practices.

28 Plaintiff U.S. Equal Employment Opportunity Commission alleges that the

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1 Defendants discriminated against the Charging Parties. Charging Party Kristine 2 Cornejo was sexually harassed or subjected to sex-based harassment during her 3 employment with Defendants. Charging Parties Cornejo and Steven Peake were 4 subjected to retaliation for participating in a protected activity, complaining about 5 and opposing the hostile work environment and participating in a protected

6 activity.

7

JURISDICTION

8

2. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,

9 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to§

10 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

11 2000e-3; §§ 706(±)(1) and (3) of Title VII of the Civil Rights Act of 1964, as

12 amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII"), and§ 102 ofthe Civil

13 Rights Act of 1991, 42 U.S.C. § 1981a.

14

VENUE

15

3. The employment practices alleged to be unlawful were committed

16 within the jurisdiction of the United States District Court for the District of

17 Nevada.

18

PARTIES

19

4. Plaintiff, the U.S Equal Employment Opportunity Commission

20 ("EEOC" or "Commission"), is the agency of the United States of America

21 charged with the administration, interpretation and enforcement of Title VII, and is

22 expressly authorized to bring this action by Section 706(±)(1) and (3) of Title VII,

23 42 U.S.C. § 2000e-5(f)(l) and (3).

24

5. At all relevant times, Defendants Nevada Advertising and Golden

25 West Advertising, Inc. have doing business in the State of Nevada, County ofElko,

26 and have continuously had at least 15 employees.

27 Ill

28 Ill

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1

6. During the relevant periods alleged in this Complaint, Defendants

2 Nevada Advertising and Golden West Advertising, Inc. ("Defendants") have

3 employed the Charging Parties.

4

7. At all relevant times, Defendants have continuously been employers

5 engaged in an industry affecting commerce within the meaning of Sections 701 (b),

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

7

8. All of the acts and failures to act alleged were duly performed by and

8 attributable to all Defendants, each acting as a successor, agent, employee, or

9 under the direction and control of the others, except as specifically alleged
1o otherwise. These acts and failures to act were within the scope of this agency

11 and/or employment, and each Defendant participated in, approved and/or ratified

12 the unlawful acts and omissions by the other Defendants. Whenever and wherever

13 reference is made in this Complaint to any act by a Defendant or Defendants, such

14 allegations and reference shall also be deemed to mean the acts and failures to act

15 of each Defendant acting individually, jointly, and/or severally.

16

9. Plaintiff is ignorant of the true names and capacities of each

17 "Defendant," sued as DOE 1 through 10, inclusively, and therefore Plaintiff sues

18 these "Defendant Employers" by such fictitious names. Plaintiff reserves the right

19 to amend the complaint to name each DOE "Defendant" individually or

20 corporately as they become known. Plaintiff alleges that each "Defendant" named

21 as DOE was in some manner responsible for these acts and omissions alleged and

22 Plaintiff will amend the complaint to allege such responsibility when the same

23 shall have been ascertained by Plaintiff.

24

10. It is further alleged on information and belief that the unnamed

25 defendants in the complaint are mere alter egos of the "Defendants" Nevada

26 Advertising and Golden West Advertising, Inc. The remaining defendants are

27 properly named in the complaint.

28 Ill

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1

CONCILIATION

2

11. Prior to the institution of this lawsuit, the Commission's

3 representatives attempted to eliminate the unlawful employment practices alleged

4 below and to effect voluntary compliance with Title VII through informal methods 5 of conciliation, conference and persuasion within the meaning of§§ 706(f)(l) and

6 (3) of Title VII, 42 U,S,C, §§ 2000e-5(f)(l) and (3). All conditions precedent to

7 the institution of this lawsuit have been fulfilled.

8

STATEMENT OF CLAIMS

9

12. More than thirty days prior to the institution of this lawsuit, the

10 Charging Parties filed charges with the Commission alleging violations of Title VI

11 by Defendant Employers. All conditions precedent to the institution of this lawsuit

12 have been fulfilled.

13

13. From at least as early as May 12, 2004, Defendant Employers

14 individually and collectively engaged in unlawful employment practices at their

15 Elko, Nevada, location, consequently violating§ 706(f)(1) and (3) of Title VII,

16 42 U.S.C. § 2000e-5(f)(l) and (3).

17

14. The unlawful sexual harassment and sex based harassment of

18 Charging Party Cornejo was in the form of physical, verbal, and visual harassment.

19 Charging Party Cornejo was subjected to degrading acts that affected the terms and

20 conditions of her employment and created a hostile working environment at that

21 resulted in a tangible employment action.

22

15. In addition, the Defendant Employer retaliated against Charging

23 Parties Peake and Cornejo which led to their termination for opposing and 24 complaining about the hostile work environment and/or participation in a protected

25 activity.

26

16. Defendants' conduct deprived Charging Parties Cornejo and Peake of

27 equal employment opportunities and otherwise adversely affected their

28 employment status.

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1

17. These unlawful employment practices were done with malice or with

2 reckless indifference to the federally protected rights of the Charging Parties.

3 These unlawful employment practices are willful within the meaning of§§

4 706(t)(l) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(t)(l) and (3) and caused the

5 Charging Parties to suffer emotional distress.

6

PRAYERFORRELIEF

7

Wherefore, the Commission respectfully requests that this Court:

8

A. Grant a permanent injunction enjoining Defendants, their officers,

9 successors, assigns, and all persons in active concert or participation with them,

10 from engaging in sex discrimination, retaliation, and any other employment

11 practice which discriminates on the basis of sex or on the basis of engaging in a

12 protected activity.

13

B. Order Defendants to institute and carry out policies, practices, and

14 programs which provide equal employment opportunities for women and for those

15 who engage in protected activities, and which eradicate the effects of their past

16 unlawful employment practices.

17

C. Order Defendants to make whole Charging Parties, by providing

18 appropriate back pay with prejudgment interest, in amounts to be determined at

19 trial, and other affirmative relief necessary to eradicate the effects of their unlawful

20 employment practices, including but not limited to compensation for loss of

21 seniority and benefits, plus prejudgment interest.

22

D. Order Defendants to make whole Charging Parties, by providing

23 compensation for past and future pecuniary losses resulting from the unlawful

24 employment practices described above, in amounts to be determined at trial.

25

E. Order Defendants to make whole Charging Parties by providing

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

27 practices complained of above, including emotional pain, suffering, inconvenience,

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

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1

F. Order Defendants to pay Charging Parties punitive damages for their

2 malicious and reckless conduct described above, in amounts to be determined at

3 trial.

4

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

5 the public interest.

6

H. Award the Commission its costs of this action.

7

JURY TRIAL DEMAND

8

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

9 complaint.

10

Respectfully submitted,

11
12 Dated: September 29, 2006.
13 14 15

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel

16

JAMESL.LEE

17

Deputy General Counsel

18

GWENDOLYN YOUNG REAMS

19

Associate General Counsel

20

21

22
Regional Attorney
23

24

25

26

27

28

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ANNA Y. PARK CA SBN 164242 KAREN E. NUTTER CA SBN 235056 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor Los Angeles, CA 90012 Telephone: (213) 894-1076 Facsimile: (213) 894-1301
Attorneys for Plaintiff U.S. Equal Employment Opportunity Commission
SCOTT MAHONEY FISHER & PHILLIPS 3993 Howard Hughes Parkway, Suite 650 Las Vegas, "fV 89109 Telephone: (702) 252-3131 Facsimile: (702) 252-7411

I
I . SEP 2 4 2007 i
I
CLERK, U.S. DISTRICT COURT
"----.,1_.·--· . ,

Attorney for Defendant Golden West Advertising, Inc.

VICTOR BL"'NITSKY
PO Box 1564
Elko, NV 89803 Telephone: (775) 758-6478 Facsimile: (775) 758-7689

Attorney for Defendant Nevada Advertising, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff:
vs.
NEVADA ADVERTISING, LLC and GOLDEN WEST ADVERTISING, INC.
Defendants.

)iI No. 3:06-CV-00519-LRH-RAM .
i )i
i )I
) 1'" I )' f:; EIJ) CONSENT ) DECREE; ORDER j ) ) ) : )!

i )
) )
'----------------~. . . . . . . . . . .

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Filed 09/24/2007 Page 2 of 18 Filed 09/17/2007 Page 2 of 18

L INTRODUCTION Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC' or "Commission") and Defendants Golden West Advertising, Inc. ("Golden West") and Nevada Advertising, LLC ("Nevada Advertising") (collectively, "Defendants") hereby stipulate and agree to the entry of this Consent Decree to resolve the EEOC's Complaint, filed under Title VII of the Civil Rights Act, as amended, 42 U.S.C. section 2000e et ~ ('Title VII"). The EEOC's Complaint alleges that Charging Party Kristine Cornejo was sexually harassed and was subjected to a hostile work environment on the basis of her sex (female) during her employment with Defendants. The Commission's complaint further alleges that Defendants retaliated against Ms. Cornejo and against Charging Party Steven Peake after Ms. Cornejo complained about the sexual harassment and hostile work environment. Defendants deny these allegations.
II, PURPOSES AND SCOPE OF THE CONSENT DECREE A. The Parties to this Consent Decree ("Decree") are the EEOC and Defendants. This Decree shall be binding on and enforceable against each Defendant and its officers. directors. agents, successors, and assigns. Each Defendant is responsible only for the performance of its own obligations under the Decree and is not responsible for the other Defendant's performance of its obligations, or failure to perform its

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obligations, under the Decree. B. The Parties have entered into the Decree for the following purposes: I. To provide the appropriate monetary and injunctive relief; 2. To ensure that Defendants' employment practices comply with federal law; 3. To ensure a work environment free from sex discrimination and retaliation; 4. To ensure training for Defendants' managers and employees with respect to their obligations under Title VII; 5. To provide an appropriate and effective mechanism for handling discrimination complaints in the workplace; and 6. To avoid expensive and protracted costs incident to this litigation. C. This Decree is intended to resolve the disputed claims between the
Parties. By agreeing to this Decree, Defendants do not admit to any violation of the law as alleged in the Complaint.
m.
RELEASE OF CLAIMS A. This Decree fully and completely resolves between Defendants and the EEOC all claims and allegations that are raised by the EEOC in the Complaint tlled in the United States District Court, District of Nevada on September 29, 2006, captioned U.S. Equal Employment Opportunity Commission v. Nevada Advertising, LLC; Golden West Advertising, Inc. and Does 1-10, Inclusive, Case No. 3:06-CV-00519-LRH-RAM
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Filed 09/24/2007 Page 4 of 18
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(the "Complainf'). B. Nothing in this Decree shall be construed to preclude the EEOC from
bringing suit to enforce this Decree in the event that Defendants hereto fail to perform the promises and representations contained herein.
C. Nothing in this Decree shall be construed to limit or reduce Defendants' obligation to comply fully with Title VII or any other federal employment statute.
D. This Decree in no way affects the EEOC's right to bring, investigate or litigate other charges that may be in existence or may later arise against Defendants in accordance with standard EEOC procedures.
IV. EFFECTIVE DATE AND DURAnON OF DECREE A. The provisions and agreements contained herein are effective immediately upon the date which this Decree is entered by the Court ("the Effective Date'"). B. Except as otherwise provided herein, the Decree shall remain in effect for three (3) years after the Effective Date.
V.
MODIFICAnON AND SEVERABILITY A. This Decree constitutes the complete understanding of the Parties with respect to the matters contained herein. No waiver, modification, or amendment of any provision of this Decree will be effective unless made in writing and signed by an
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Filed 09/24/2007 Page 5 of 18 Filed 09/17/2007 Page 5 of 18

authorized representative of each of the parties. B. If one or more provisions of the Decree are rendered unlawful or
unenforceable, the Parties shall make good faith efforts to agree upon appropriate amendments to this Decree to effectuate the purposes of the Decree. In any event, the remaining provisions will remain in full force and effect, unless the purposes of the Decree cannot be achieved despite the Parties' reasonable efforts.
C. By mutual agreement of the Parties, this Decree may be amended or modified in the interests of justice and fairness to effectuate the provisions of this Decree.
VI. JURISDICTION A. The Court has jurisdiction over the Parties and the subject matter of this lawsuit. Th" Complaint asserts claims that, if proven, would authorize the Court to grant the equitable relief set forth in this Decree. The terms and provisions of this Decree are f.'lir, reasonable, and just. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. B. The Court shall retain jurisdiction of this action for the duration of the Decree for the purposes of entering all orders, judgments, and decrees that may be necessary to implement the relief provided herein. / / /
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VII. COMPLIANCE AND DISPUTE RESOLUTION A. The Parties agree that if the EEOC has reason to believe that Defendant Golden West or Defendant Nevada Advertising has failed to comply with any provision of this Consent Decree, the EEOC may petition or may bring an action before this Courlto enforce the Decree. Prior to initiating such petition or action, the EEOC will notify the Defendant believed to have failed to comply and its legal counsel of record, in v,Tiling. of the nature of the dispute. This notice shall specifY the particular provision(s) that the EEOC believes has / have been breached. Absent a showing by either party that the delay will cause irreparable harm, the Defendant receiving the notice shall have thirty (30) days to attempt to resolve or cure the breach. B. The Parties agree to cooperate with each other and use reasonable efforts to resolve any dispute referred to in the EEOC notice. C. After thirty days have passed with no resolution or agreement to extend the time further, the EEOC may petition or bring an action before this Court for compliance with this Decree. The EEOC may seek all available relief. including, but not limited to, an extension of the terms of the Decree for such period of time as the Defendant is shown to be in breach of the Decree, and the imposition of attorneys' fees and costs incurred by the EEOC in securing compliance with the Decree. /1/ Ii!
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VIII. MONETARY RELIEF A. Defendants shall pay a total of fifty eight thousand, two hundred fifty dollars ($58,250) to Charging Parties Kristine Cornejo and Steven Peake. B. Within ten (10) business days after the Effective Date, Defendants shall send to each Charging Party Cornejo and Peake via certified mail, return-receipt requested, a cashier's check or money order for the amount due each individual. The EEOC will inform Defendants of the amount due each individual and the address to which each check or money order should be sent. C. Defendants shall prepare and distribute Form 1099 or equivalent formes) to Charging Parties. The monetary relief is deemed to be for compensatory damages. D. On the same day as when the settlement cashier's checks or money orders and tax forms are sent to Charging Parties, each Defendant shall submit a copy of each check or order and related correspondence to Anna Y. Park, Regional Attorney, U.S. Equal Employment Opportunity Commission, 255 East Temple Street, Fourth Floor, Los Angeles, CA 90012.
IX. GENERAL INJUNCTIVE RELIEF A. Anti-Discrimination Provision Defendants, their respective officers, agents, management (including all supervisory employees), successors, and assigns, hereby are enjoined from:
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Filed 09/24/2007 Page 8 of 18
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1. discriminating or harassing any person on the basis of his or her
sex~
2. engaging in or being a party to any action, policy, or practice that is intended or is known to them to have the effect of harassing or intimidating any employee on the basis of sex; and
3. creating, facilitating, or permitting the existence of a work environment that is hostile to employees on the basis of sex.
B. Anti-Retaliation Provision Defendants, their respective officers, agents, management (including all managerial employees), successors, and assigns, hereby are enjoined from engaging in, implementing or permitting any action, policy, or practice with the purpose of retaliating against any current or former employee or applicant because he or she has in the past or in the course of this action:
1. opposed any practice made unlawful under Title VII; 2. filed a charge of discrimination alleging such practice; 3. testified or participated in any manner in any investigation
(including without limitation, any internal investigation undertaken by Defendants) or proceeding in connection with this case and/or relating to any claim of a Title Vll violation; 4. was identified as a possible witness or claimant in this action: or 5. sought and/or received relief in accordance with this Decree.
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C. Posting of Notice Within ten (10) days after the Effective Date and throughout the term of this Decree, each Defendant shall post a full-sized copy of the Notice attached to the Decree as Attachment A, in a clearly visible location frequented by employees (i.e. break rooms or bulletin boards with other employee notices) in all its office(s) and facilities that are operational at any time during the term of the Decree. D. Revision of Policies and Procedures Concerning Discrimination and
Harassment Within sixty days of the Effective Date, each Defendant shall review and, if necessary, revise its policy to ensure compliance with Title VII on sexual harassment and retaliation; and its procedures for handling complaints ("policy and procedures"). The policy and procedures shall include: 1. a clear explanation of prohibited conduct; 2. an assurance that employees who make complaints about discrimination or provide information related to such complaints will be protected against retaliation; 3. a clearly described complaint process that provides accessible avenues of complaint against co-workers and supervisors; 4. an assurance that discrimination complaints will be handled confidentially to the extent possible; 5. a complaint process that provides a prompt, thorough, and
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impartial investigation; 6, a procedure for communicating with the complainant in writing
regarding the status of the complaint / investigation, results of the investigation, and whether or not any remedial action was taken;
7. assurance that Defendant will take immediate and appropriate corrective action when it determines that discrimination and/or retaliation has occurred.
E. Distribution of Defendant's Policies and Procedures Concerning Discrimination and Harassment 1. Within thirty (30) days of developing and/or revising its policies
and procedures so that they are in accordance with paragraphs D( 1-7) of this Decree, each Defendant shall post for the duration of the Decree a full-sized copy of the revised policy and procedures in a clearly visible location frequented by employees (i.e. break rooms or bulletin boards with other employee notices) in all office(s) and facilities operational at any time during the term of the Decree.
2. Within thirty (30) days of developing and/or revising its policies and procedures per paragraphs D(l-7), each Defendant shall distribute the policies and procedures to all employees employed at their offices and facilities operational during the tenn of the Decree; and shall maintain acknowledgments from each employee who receives the revised policy and procedures.
3. Each Defendant is to confirm in writing to the EEOC that it has posted and distributed the policies and procedures to its employees within five (5) days
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of posting and distribution. 4. For the remainder of the term of this Decree, all new employees
shall receive within five days of hire Defendant's policy and procedures. Each new hire shall be provided with an in-person overview of the policy and procedures with an individual responsible for performing Defendant's human resources functions.
5. For the remainder of the term of this Decree, all employees promoted from non-managerial to managerial positions shall receive within five days of promotion any policy and procedures that are applicable only to managerial employees; and shall be provided with an in-person overview of the management-only policy and procedures with an individual who is responsible for Defendant's human resources functions.
F. Training I. Within ninety (90) days after the Effective Date, each Defendant
shall provide a training of at least one and one-half hours in duration on its revised policy against sex-based discrimination, sexual harassment and retaliation and complaint procedures ("policy and procedures") to its managerial and human resources employees. Each Defendant shall provide a separate training of at least one hour in duration for its non-managerial employees. The employees to be trained under this section are those who work at all office(s) and facilities operational at any time during the term of the Decree.
2. The training to be provided shall include the subjects of equal
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employment opportunity rights and responsibilities, Defendant's policy against sexual harassment and retaliation, and Defendant's procedures for reporting and handling complaints of discrimination.
3. The training of managerial employees shall include, in addition, training on how to receive, investigate, or report to designated officials complaints of discrimination, and how to take preventive and corrective measures against discrimination.
4. Each Defendant shall videotape or otherwise make an audio/visual record of each training described in paragraphs F(l )-(3). Any employee who misses a training session shall watch the recorded training within 30 days ofthe live session. Any employee hired after the training, during the term of the Decree, shall watch the recorded session within 10 days of hire.
5. Annually, Defendants shall each conduct a one and one-half hour refresher training on its policy and procedures for its managerial employees, and a separate, one·-hour refresher training for its employees. The employees to be trained under this section are those who work at all office(s) and facilities operational at any time during the term of the Decree.
X. RECORD KEEPING AND REPORTING A. Record Keeping Each Defendant shall establish a record-keeping procedure that provides for the
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centralized tracking of sexual harassment complaints and the monitoring of such complaints to prevent retaliation. The records to be maintained shall include:
I. All documents generated in connection with any complaint, investigation into, or resolution of every complaint of discrimination, harassment, and retaliation for the duration of the Decree and the identities of the parties involved;
2. All forms acknowledging each employee's receipt of Defendant's revised discrimination and sexual harassment policy;
3. All materials distributed at each training required under this Decree;
4. A list of the dates of the trainings required under this Decree that shows the names and positions of all attendees for each one;
5. All revisions to Defendants' policies and procedures. Each Defendant shall make the records aforementioned in paragraphs 2-5 available to the Commission within ten (l0) business days following a written request by the Commission. B. Reporting
Each Defendant shall provide the following reports to the Commission in writing, by mail or facsimile:
1. Within fifteen (15) days of developing and/or revising its policies and procedures so they are in accordance with paragraphs D( 1-7) of this Decree, each Defendant shall provide the Commission with a copy of the revised policy and
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procedures against sexual harassment and retaliation and complaint procedures ("policy and procedures");
2. Within ninety (90) days after the Effective Date. each Defendant shall submit "to the Commission an initial report which contains:
a, A copy of the revised policy and procedures against sexual harassment and retaliation and complaint procedures ("policy and procedures") distributed to its employees;
b. The policy and procedures and record-keeping methods developed for centralized tracking of sexual harassment complaints and the monitoring of such complaints, as set forth in Section X; and
c. A statement confirming that the required notices pertaining to this Decree and the revised discrimination and sexual harassment policy and procedure have been posted.
3. Each Defendant shall also provide a subsequent Status Report every six months thereafter for the first two years of the Decree. Each Defendant shall also provide a final Status Report sixty (60) days before the termination of the Decree. Each Status Report shall include the following:
a. Acknowledgments of receipt of the revised discrimination and harassment policy for all employees hired during the previous six months;
b. A description of all sexual harassment and/or retaliation complaints made to each Defendant since the submission of the immediately preceding
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report hereunder. This description shall include the names of the individuals alleging discrimination, harassment, and retaliation, the nature of the harassment or retaliation, the names of the alleged perpetrators of the harassment or retaliation, the dates of the alleged harassment or retaliation, a brief summary of how each complaint was resolved, and the identi.ty of the person(s) who investigated or resolved each complaint. lfno results have been reached as of the time of the report, the result shall be included in the next report:
c. A list of those individuals who viewed a videotaped training sessIOn;
4. The Commission may request in writing for additional information and/or the investigative file of the complaints and investigation reported in the status report. Within thirty days of the receipt of the Commission's request for additional information and/or the investigative file(s), the Defendant is to provide the requested information and/or investigative filets) or to provide its reasons for not disclosing the information and/or investigative filets). The Parties will use their reasonable efforts to resolve any di.sputes over the disclosure of information; any disputes under this section that cannot be· resolved by the Parties' reasonable efforts will be brought before this Court, pursuant to Section VlI of this Decree.
5. Each Defendant shall provide a report to the Commission detailing any changes of the procedures or record keeping methods for centralized tracking of sexual harassment complaints and the monitoring of such complaints thirty (30) days
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before implementing such changes. 6. Within sixty (60) days after the Effective Date, each Defendant
shall provide to the EEOC a description of the training to be provided as described in Section F.
7. For any training to be provided through the Consent Decree, each Defendant is to provide written notice of the live training's date, time, and location to the Commission at least ten (10) days prior to the date of each training. Defendants further agree that the EEOC may send a representative to attend any such training.
8. Within thirty (30) days after each training, Defendant shall provide to the EEOC with (1) a confirmation that the training took place; (2) the materials used during the training; and (3) the attendance records of each training, as well as a list of individuals employed at that time.
XI. COSTS OF ADMINISTRATION AND IMPLEMENTATION
OF THE CONSENT DECREE Each Defendant shall bear all costs associated with its administration and implementation of its obligations under this Decree.
XII. COSTS AND ATTORNEYS' FEES Each party shall bear its own costs of suit and attorneys' fees incurred by the /11
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entry of this Decree and in connection with the litigation.
PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dated: September 14. 2007

By sl Anna Y. Park Anna Y. Park Regional Attorney Karen E. Nutter Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dated: September 12, 2007

DEFENDANT GOLDEN WEST ADVERTISING, INC. FISHER & PHILLIPS
By sl Scott Mahoney Scott Mahoney Attorney for Defendant Golden West Advertising, Inc.

Dated: September 12,2007

DEFENDANT NEVADA ADVERTISING, LLC VICTOR BUNITSKY
By sl Victor Bunitsky Victor Bunitsky Attorney for Defendant 'Jevada Advertising. LLC

17

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The provisions of the foregoing Consent Decree are hereby approved and in

compliance with all provisions thereof, as hereby ordered.

___, Date: ___!1L~---,I

2007

BYi~~
Honorable Larry R. Hicks United States District Court Judge

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CLOSED, ENE
United States District Court District of Nevada (Reno)
CIVIL DOCKET FOR CASE #: 3:06-cv-00519-LRH-RAM

U.S. Equal Employment Opportunity Commission v. Nevada Advertising, LLC et al Assigned to: Judge Larry R. Hicks Referred to: Magistrate Judge Robert A. McQuaid, Jr
Magistrate Judge Valerie P. Cooke (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/29/2006 Date Terminated: 09/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen E. Nutter U.S. Equal Employment Opportunity Commission 255 E. Temple Street Los Angeles, CA 90012 (213) 894-1716 Email: karen.nutter@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Nevada Advertising, LLC

represented by Victor N Bunitsky Victor N. Bunitsky Associates PO Box 1564 Elko, NV 89803 775-758-6478 Fax: 775-758-6413 Email: vbunitsky@rtci.net ATTORNEY TO BE NOTICED

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Defendant Golden West Advertising, Inc.

represented by Mark J Ricciardi Fisher & Phillips, LLP 3993 Howard Hughes Pkwy Suite 650 Las Vegas, NV 89169 702-252-3131 Fax: 702-252-7411 Email: mricciardi@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006
10/02/2006 10/02/2006 10/02/2006 10/02/2006 10/02/2006 12/19/2006 12/21/2006 12/21/2006 12/21/2006

# Docket Text
1 COMPLAINT Title VII Civil Rights - Sexual Harassment, Retaliation against all defendants, filed by U.S. Equal Employment Opportunity Commission. Certificate of Interested Parties due by 10/9/2006. (Attachments: # 1 Civil Cover Sheet # 2 Summons Nevada Advertising, LLC# 3 Summons Golden West Advertising, Inc.)(Park, Anna) Modified on 10/16/06 to reflect SUMMONS ISSUED (BLG). (Entered: 09/29/2006)
Case assigned to Judge Brian E. Sandoval and Robert A. McQuaid, Jr. (BLG) (Entered: 10/02/2006)
2 SUMMONS Issued as to Golden West Advertising, Inc.. (BLG) (Entered: 10/02/2006)
3 SUMMONS Issued as to Nevada Advertising, LLC. (BLG) (Entered: 10/02/2006)
Case assigned to Magistrate Judge Valerie P. Cooke for purposes of Early Neutral Evaluation (ENE). (BLG) (Entered: 10/02/2006)
4 ORDER: Case reassigned to Judge Larry R. Hicks for all further proceedings. Judge Brian E. Sandoval no longer assigned to case. Signed by Judge Philip M. Pro. (no image attached) (BLG) (Entered: 10/02/2006)
5 CERTIFICATE OF SERVICE by Plaintiff U.S. Equal Employment Opportunity Commission re 2 Summons Issued. Golden West Advertising, Inc. (Viramontes, Victor) (Entered: 12/19/2006)
6 STIPULATION For Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint (First Request) by Defendant Golden West Advertising, Inc.. (Ricciardi, Mark) (Entered: 12/21/2006)
7 NOTICE of Corrected Image/Document re 6 Stipulation by Defendant Golden West Advertising, Inc.. (Service of corrected image is attached). (Ricciardi, Mark) (Entered: 12/21/2006)
8 ORDER ON STIPULATION re 6 Stipulation answer due 01/22/07. Signed by Judge Robert A. McQuaid Jr. on 12/21/06. (LG) (Entered: 12/22/2006)

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12/27/2006 01/22/2007 01/24/2007 02/15/2007 02/16/2007 03/01/2007 03/02/2007
03/28/2007
04/23/2007 06/06/2007 06/06/2007
06/29/2007 06/29/2007 07/19/2007

9 CERTIFICATE OF SERVICE by Plaintiff U.S. Equal Employment Opportunity Commission re 3 Summons Issued. Nevada Advertising, LLC (Viramontes, Victor) (Entered: 12/27/2006)
10 ANSWER to 1 Complaint by Defendant Golden West Advertising, Inc.. Certificate of Interested Parties due by 2/1/2007. Discovery Plan/Scheduling Order due by 3/8/2007.(Ricciardi, Mark) (Entered: 01/22/2007)
11 CERTIFICATE of Interested Parties Certificate Required By FRCP Rule 7.1 and Local Rule 7.1.1 by Defendant Golden West Advertising, Inc.. (Zinn, Christian) (Entered: 01/24/2007)
12 MOTION for Leave to Appear Government Attorney. Attorney: Karen E. Nutter. by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 02/15/2007)
13 ORDER granting 12 Motion for Leave to Appear re Attorney Karen E. Nutter for U.S. Equal Employment Opportunity Commission. Signed by Judge Robert A. McQuaid Jr. on 2/16/07. See Ord for spec. (DRM, ) (Entered: 02/16/2007)
14 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 03/01/2007)
15 SCHEDULING ORDER re 14 Joint Discovery Plan and Scheduling Order. Discovery due by 7/20/2007. Motions due by 8/20/2007. Proposed Joint Pretrial Order due by 9/19/2007. Signed by Judge Robert A. McQuaid Jr. on 3/2/2007. (HJ, ) (Entered: 03/02/2007)
16 NOTICE of intent to dismiss pursuant to FRCP 4(m). No proper proof of service has been filed as to Nevada Advertising, LLC. Proof of service due by 4/30/2007. (no image attached)(BLG) Modified on 3/29/2007 -To indicate service satisfied having been made. See 9 -Certificate of Service(BLG). (Entered: 03/28/2007)
17 NOTICE of Appearance by attorney Victor N Bunitsky on behalf of Defendant Nevada Advertising, LLC. (Bunitsky, Victor) (Entered: 04/23/2007)
18 STIPULATION Joint Request by All Parties for an Early Neutral Evaluation by Defendant Golden West Advertising, Inc.. (Ricciardi, Mark) (Entered: 06/06/2007)
19 ORDER re 18 Joint Request by all Parties for an Early Neutral Evaluation. The case is at a stage where the parties should complete discovery and schedule a settlement conference. Therefore, the Joint Request 18 is denied. Signed by Judge Robert A. McQuaid Jr. on 6/6/2007. (HJ, ) (Entered: 06/06/2007)
20 Submission of PROPOSED ORDER filed by Defendant Golden West Advertising, Inc. Stipulation and Order to Extend Discovery Deadline (First Request). (Ricciardi, Mark) (Entered: 06/29/2007)
21 ORDER re 20 Proposed Order Submission to Extend Discovery Deadline. Discovery due by 9/28/2007. Signed by Judge Robert A. McQuaid Jr. on 6/29/07. (Copies have been distributed pursuant to the NEF - JW ) (Entered: 06/29/2007)
22 First MOTION for Settlement Conference by Plaintiff U.S. Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 07/19/2007)

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07/24/2007 08/14/2007
08/20/2007
09/13/2007
09/17/2007 09/17/2007 09/24/2007 09/24/2007

23 ORDER granting 22 parties' Joint Motion for Settlement Conference. Signed by Judge Larry R. Hicks on 7/23/07. (Copies have been distributed pursuant to the NEF - SL) (Entered: 07/24/2007)
24 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for Friday, September 14, 2007, at 9:30 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid Jr. Confidential Settlement Statements shall be received in Chambers, Room 405, not later than 4:00 PM on September 12, 2007. See Order for further details. Signed by Judge Robert A. McQuaid Jr. on 8/14/2007. (Copies have been distributed pursuant to the NEF - HJ) (Entered: 08/14/2007)
25 MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge, on 8/20/2007. By Deputy Clerk: Frank Justiliano. RE: 24 Order Scheduling Settlement Conference. The Settlement Conference currently set for 9/14/07 is hereby VACATED and RESCHEDULED for 9/17/2007 09:30 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid Jr. Confidential Settlement Statements are still due not later than 4:00 PM on September 12, 2007. (no image attached) (Copies have been distributed pursuant to the NEF - FJ) (Entered: 08/20/2007)
26 MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge, on 9/13/2007. By Deputy Clerk: Frank Justiliano. RE: 25 Minute Order Setting Hearing on Settlement Conference. The parties having advised the Court that they have settled this case, IT IS ORDERED that the hearing set for Monday, September 17, 2007 @ 9:30 a.m. is hereby VACATED (no image attached) (Copies have been distributed pursuant to the NEF - FJ) (Entered: 09/13/2007)
27 SETTLEMENT AGREEMENT Consent Decree by Plaintiff U.S. Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 09/17/2007)
28 SETTLEMENT AGREEMENT Notice of Consent Decree by Plaintiff U.S. Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 09/17/2007)
29 ORDER/CONSENT DECREE re 27 Settlement Agreement filed by U.S. Equal Employment Opportunity Commission, Case terminated. Signed by Judge Larry R. Hicks on 09/21/2007. (Copies have been distributed pursuant to the NEF - LK) (Entered: 09/24/2007)
30 ORDER/NOTICE OF CONSENT DECREE re 28 Settlement Agreement filed by U.S. Equal Employment Opportunity Commission Signed by Judge Larry R. Hicks on 09/21/2007. (Copies have been distributed pursuant to the NEF - LK) (Entered: 09/24/2007)

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