Case 3:03-cv-04313-MMC Document 1 Filed 09/23/2003 Page 1 of 5

1 WILLIA M R. TAMA YO -- #Q8.l%5 (CAl
JONATHANT. PECK·· #12303 (VA) 2 CINDY O 'H ARA - #114555 (CAl
EQUAL EMPLOYMENT OPPoRTUN I1T' 3 Cmv11'.11SS10N
San Francis<:o District Office 4 901 Market Street, Suite SOO
Siln Frilncis<:o, California 9~103 5 Telephone: (415) 356-5053
Facsunilc: (415)356-5046 6
Attorneys for Plaintiff Eq ual Employment O pportunity Commission 7

~-filing

8

UNITED ST AT ES DISTRICT COU RT

9 NORTHERN DIST RICT O F CA U FORN IA
Bl'vrc iO

c Q3 ,', , 4 11 3 1 3 EQUAL EM PLOYM ENT O I' PO RTUNln'

U )". _.
Civil Ac tioA'N'6..f· .

12 CO MM ISSION,

CO MP LAINT

13

Plai ntiff,

14 v .

C ivil Rights· Employment Discrimmatio n

15
GOtDEN GAT E M EAT COM I'ANY, INC. 16
Defendant. 17

DEMAND FORJU RY TRIAL

18

NATURE O F THE ACTION

19

This action i~ brought pursuant to Ti tl e VIJ or the Civil Rights Act of 1964 and

20 Title I of the Civil Rights Act of 1991 to correct unlawful employmen t practin.'S on the

21 basis of nation<1.1 origin, and to provide a ppropriate relief to Jose Elmer Carrasco and

22 si m ilarly situat<.><! Hispan ic employees who were adversely affected by such practi ces_

23 Defendant Golden Ga te Meat Company, Inc_subjl'Ctcti Mr. CarrilSCO il nc! other Hispil nic

24 employees to unlawful discriminiltory harassment based on thei r na tional o rigin.

JU RISDICT ION AND VEN UE

26

I. Jurisdiction of this Court is invoked pursuant to 28 U.s.c. §§--I51, "l3JI,

27 1337,13--13 and 1345. This action is authorized and inst ituted pursuant to §706(!)(1) and

28 (3) of Title VIi of the Civil Righ l~ Act of 196--i, as a mended, 42 U.5.C §200Je-5(f)(1) and

CO~lPLAINT fOR DISCRlMINAnON

Png~ I

•

Case 3:03-cv-04313-MMC Document 1 Filed 09/23/2003 Page 2 of 5

(3) (~ Tittc VW) and §102 of the Civil Rights Act of 1991,42 US.C §1981a.

2

2. The employment practices alleged to be unlawful wcrc and are now being

3 cornmi!tcd within the jurisdiction of the United States District Court (or Ihe Northern

4 District of California, San Francisco/Oakland division.

5

INTRADISTR1Cf ASSIGNMENT

6

3. lbis action is approprillte for assignment to San Frandsco/Oakland

7 because the unlawful employment practkes alleged were and are being committed

8 within San Francisco County, the employment record relevant to the unlawful practices

9 are located in San FranciSC() County, lind because Defendants' principal place of

10 bUSiness is in San Francisco County.

11

P A R TI ES

12

4. Plaintiff, the Equal Employment Opportunity Commission

13 ("Commission") is the agency of the Uni ted Siaies of America charged with the

14 administril tion. interpretation and enforcement of Title VIC and i.~ I'l<rr('~~ly ,,,,thnT;?.I?<1

15 to bring this action by §706(f)(1) lind (3) of Tille VII, §2O!XI-e(f)(1) and (3).

16

5. Defendant Golden Gate Meal Company, Inc. ("Golden Gate Meat") is a

17 California corpomtion, doing business in the St."lte of Califomia, in the County of San

18 Franc&o, and has continuously hlld at least 15 employees.

19

6. At all relevan t timl'S, Ddendan t Golden Gate Meat has continuously been

20 an em ployer engaged in an industry affecting commerce, within the meaning of Secti on

21 701(b), (g) lind (h) of Title VII, 42 U.s.c. §2000-c(b), (g) lind (h).

22

STATE MENT O F CLAIM$

23

7. More than thirty days prior to the insti tu tion of this lawsuit, Charging

2-1 Party J ~ Elmer CafTa~o rCharging Party~) filed a charge with Plaintiff Commission

25 alleging viola ti ons of Title VII by Defend ant. All conditions prcn'(lcllt to the institution

26 of this lawsuit have been fulfilled.

8. $illCe at least 1993, [)(>fcnd:mt engaged in unlawful prao;:tiO;:1$ of

2R diocrimination based on national origin in violation §703(a)(1) of Title VII, 42 U.s.c.

c"(l \I1'1.A!l'-.'T FOR DISCR!~UNAT!ON

Case 3:03-cv-04313-MMC Document 1 Filed 09/23/2003 Page 3 of 5

1 §2000e-2(a)(1) by subjecting Charging Party and other Hispanic employees to a hostile,

2 abusive. intimidating and offensive work environment because of their national origin.

3

9_ The effect of the actions complained of in paragraph 8 abov"" has been to

deprive Charging Party and other Hispanic employees of equal employment 5 opportunities and otherwise adversely affect thei r status as employees because of 6 national origin.

7

10. The unlawful employment practices complained of in paragraph 8 above

8 were intentionaL

9

11. The unlawful employment pradicOdi complained of in paragraph 8 above

LO were done with malice or with reckless indifference to the federally protected rights of

11 Charging Party and other Hispanic employees,

12

PRAYER FOR RELIEF

13

Wherefore, the Commission respectfully requests that this Court:

14

A. Grant a pcmlanent injunction enjoining Defendant, it~ ()ffir('T~, ~"CC"5'<Or~,

15 assigns, and all persons acting in concert or participation with them, from engaging in

t6 harassment based on nation,,1 origin.

17

o Order Defendant to institute and carry out policies, pract iCL'S, and

18 programs which prohibit harassment lxlsed on national origin, and which eradicate the

19 effects of its unlawful employment practices,

20

c Order Defendant to make whole Charging Party and other Hisp<lnic

21 employees hamled, by providing appropriate back pay and benefits with prejudgment

22 interest, and other affi rmative relief necessary to eradicate the effccts of its unlawful

23 employment practices, including but not limited to reinstatement and/ or front pay and

2.1 oth,'r nppropriate rd id to be determined nt triaL

25

D. Orde r Defendant to make whole Charging Party and other Hispanic

26 employtX's harmed by proViding compensation for past and fulure pecuniary losses

27 resulting from the llJuawful employment practices complained of above, including but

28 not limited to such out-of-pocket expcfl5CS as medical care nccessitated by Defendant's

COMPu\lf'..'T fOR DISCRIMINATION

Case 3:03-cv-04313-MMC Document 1 Filed 09/23/2003 Page 4 of 5

1 unlawful conduct, in amounts to be determined at triaL

2

E. Order Defendant to make whole Chilrgil\g Party and o ther Hispanic

3 employees harmed by providing COmpcns.1tion for past nnd fu ture nonpecuninry losses

4 resulting from the unlawful practices complained of above including.. but not limited to

5 emotional pain and suffering, inconvenience, loss of enjoyment of life and humiliation,.

6 In a m ounts to be determined a t trinL

7

F. Order Defendants to pay Chnrging Party and othe r Hispnnic employees

8 harmed puniti ve damages fo r the malicious and rcc::klcss conduct described above. in

I

9 amo unt:; to be determined at trial.

I

10

G. Grant such further relief as the Court may deem just and proper in the

11 public interest.

12 / /
13 II 14 II
15 / /
16 /1
17 II
18 /I 19 1/ 20 I I 21 II 22 II 23 I I 24 II 25 II 26 II 27 I I 28 I I

C()~II'I..ANr FOR UISCRIMI NAT!ON

Pogo ~

Case 3:03-cv-04313-MMC Document 1 Filed 09/23/2003 Page 5 of 5

1

H. Award the Commission its costs of this action.

2

DEMAND FOR WRY TRIAL

3

Pursuant to the provisions of Federal Rule of Civil Pr()C('(jure 38(b), Plaintiff

4 hereby demands a jury trial.

S 6

7

8

9

10

11

1ft 12 Date:

11-- ,2003

13

14

S?:x+ 15 Dille:

11. .2000

J6

J7

-, 18
J9

Date: 5,.(F;"'-;'''--'-'L(. 200J

20

21

22

23

24

25

26

27

28

Eric 5. Dreiband General Counsel
James L Lee Deputy General Counsel
Gwendolyn Young Reams Associa te General Counst'l
Equal Employmen t O pportunity CommissIon 1801 LStreet, N.W. Washington, IX 20507

WILL M R. TA':~"---­
Reg ional Attorn!.'

I

Jb0~~;k

Su~isory Trial Attorney

Equal Employme nt Opportuni ty Com m ission
San Fra ncisco District Office 901 l\Ia rket Stn.oct, Suile 500
5.1.n Francisco, CA 9-1103

COMI'LANf FOR [)&~ I \IL\I"TfON

 
 Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 1 of 6

1 WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 CINDY O'HARA -- #114555 (CA) EVANGELINA HERNANDEZ – #168879 (CA)
3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
4 San Francisco District Office 350 The Embarcadero, Suite 500
5 San Francisco, California 94105 Telephone: (415) 625-5653
6 Facsimile: (415) 625-5657

7 Attorneys for Plaintiff Equal Employment Opportunity Commission

8

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

12 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

13

)

Plaintiff,

)

14

)

v.

)

15

)

)

16 GOLDEN GATE MEAT COMPANY, INC. )

)

17

Defendant.

)

_______________________________________ )

18

Civil Action No. C-03-4313 MMC/JCS
CONSENT DECREE BETWEEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND GOLDEN GATE MEAT COMPANY, INC.

19

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this action

20 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

21 correct alleged unlawful employment practices on the basis of discrimination based on national

22 origin, and to provide appropriate relief to individuals who the Commission alleged were

23 adversely affected by such practices. The Commission alleged that Defendant Golden Gate Meat

24 Company, Inc. (“Golden Gate Meat”) subjected employees to unlawful harassment based on

25 their national origin in violation of Title VII. Defendant Golden Gate Meat denied the

26 allegations and contends that its employees were treated fairly in accordance with the company’s

27 anti-discrimination policies. The Commission and Defendant Golden Gate Meat now seek to

28 resolve this action as to each other and as between Golden Gate Meat and the Charging Party

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 1

Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 2 of 6

1 without further contested litigation through the instant Consent Decree. This resolution does not

2 constitute an admission of liability on the part of Golden Gate Meat, nor constitute a finding on

3 the allegations stated in the Commission’s Complaint.

4

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

5 and the applicable law, and now approves this Consent Decree.

6

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

7 GENERAL PROVISIONS

8

1. This Court has jurisdiction over the subject matter and the parties to this action for

9 purposes of this Consent Decree. This Court retains jurisdiction over this Consent Decree during

10 its term. At the end of its term, this Consent Decree will expire with the same force and effect as

11 if it had been dismissed with prejudice.

12

2. This Consent Decree constitutes a full and final resolution of the Commission’s

13 claims against Golden Gate Meat in this action.

14

3. This Consent Decree will become effective upon its entry by the Court.

15

4. This Consent Decree is final and binding upon the parties to it, their successors

16 and assigns.

17

5. The Commission and Golden Gate Meat will each bear its own costs and

18 attorneys fees in this action.

19 GENERAL INJUNCTIVE RELIEF

20

6. Golden Gate Meat and its current officers, agents, and employees will comply

21 with all requirements of Title VII with respect to providing a work environment free from

22 discrimination, including harassment, on the basis of national origin at the Golden Gate Meat

23 premises.

24

7. Golden Gate Meat and its current officers, agents, and employees agree not to

25 retaliate against Charging Party Jose Elmer Carrasco and/or any current or former employees of

26 Golden Gate Meat for having testified or participated in any manner in the Commission’s

27 investigation and the proceedings in this case. This paragraph expressly excludes any charges of

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 2

Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 3 of 6

1 retaliation which have been filed with the EEOC prior to the date of entry of this Consent

2 Decree.

3 SPECIAL INJUNCTIVE RELIEF

4

Non-Discrimination Policies

5

8. Within sixty (60) days of the entry of this Decree, Golden Gate Meat will revise

6 its non-discrimination policy to address national origin-based discrimination and harassment,

7 including examples of such harassment and why such harassment is illegal. The policy will

8 include a fair and effective discrimination complaint procedure. Said revisions will be provided

9 to counsel for the Commission within one week of their printing.

10

9. Within sixty (60) days of the entry of this Consent Decree, Golden Gate Meat will

11 have translated the non-discrimination policies referenced in paragraph 8 above into Spanish.

12

10. Within ninety (90) days of the entry of this Consent Decree, Golden Gate Meat

13 will distribute the non-discrimination policies referenced in paragraph 8 above to all employees,

14 both management and non-management, and will obtain a dated and signed acknowledgment of

15 receipt from each employee. No later than one week after the distribution of the non-

16 discrimination policies, Golden Gate Meat will contact counsel for the Commission and arrange a

17 meeting for the Commission to cross-check the acknowledgments of receipt with the employee

18 roster. Said non-discrimination policies will be distributed to all new employees within one week

19 of their hire date; signed and dated acknowledgment of receipt forms will also be obtained from

20 these employees. Once per year, on the anniversary date of the entry of this Consent Decree,

21 counsel for the Commission will contact counsel for Golden Gate Meat and arrange a meeting for

22 the Commission to cross-check all acknowledgments of receipt for any new employees with the

23 employee roster; the last year of the term of the Consent Decree, counsel for the Commission will

24 contact counsel for Golden Gate Meat one month prior to the expiration of the Decree, so that the

25 final review will be conducted prior to the expiration of the decree. The Commission will return

26 originals and all copies of acknowledgment forms and rosters at the end of each meeting

27 referenced in this paragraph.

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 3

Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 4 of 6

1

Training

2

11. No later than ninety (90) days from the entry of this Consent Decree, Golden Gate

3 Meat will use an outside consultant, paid for by Golden Gate Meat, to train all employees, both

4 management and non-management, regarding discrimination, including discrimination based on

5 national origin and discriminatory harassment. Said training will be given in both English and in

6 Spanish. This training will be repeated on a yearly basis each year for the duration of this

7 Consent Decree.

8

Record Keeping, Reports and Posting

9

12. Within thirty (30) days after completing the training described in paragraph 11,

10 Golden Gate Meat will contact counsel for the Commission to arrange a meeting where counsel

11 for the Commission will be provided with the date(s) of training, copies of all materials

12 distributed at the training, and a list of all attendees, which counsel for the Commission will be

13 able to cross-check against the employee roster. For the convenience of counsel, this meeting

14 may be combined with the meeting referenced in paragraph 10 above. The original and all copies

15 of materials reviewed by the Commission will be returned at the end of the meeting.

16

13. Once every three months, to be measured beginning at the date of entry of this

17 Consent Decree and continuing for the duration of this Consent Decree, Golden Gate Meat will

18 notify counsel for the Commission whether any of its employees have made any complaints of

19 discrimination and/or harassment based on national origin to any Golden Gate Meat managers,

20 what steps were taken in response to that information, and how the situation was resolved.

21

14. An agreed-upon Notice in English and Spanish concerning the provisions of this

22 Consent Decree and the right of employees to work in a workplace free of discrimination and

23 harassment based on national origin shall be posted in a clearly visible location frequented by

24 employees, on Golden Gate Meat’s worksite, during the term of this Decree, and shall remain

25 posted for the duration of this Consent Decree. Defendant will monitor the posting and will

26 replace it if it is defaced or removed.

27 //

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 4

Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 5 of 6

1 MONETARY RELIEF

2

15. Golden Gate Meat will pay the sum of $65,000.00, to be allocated among the

3 Charging Party and similarly situated employees as determined by the Equal Employment

4 Opportunity Commission, as damages and in complete satisfaction of the Commission’s claims

5 against Golden Gate Meat as set forth in its Complaint. These money damages will be paid on

6 the following payment schedule: (1) One third to be paid not later than January 31, 2005; (2) one

7 third to be paid not later than January 31, 2006; and (3) the remainder to be paid not later than

8 January 31, 2007. These sums will be paid by check made out directly to each individual in his

9 name, and will be sent to Commission counsel Cindy O’Hara at the San Francisco District Office,

10 who will then forward the checks to the individual recipients. The payment of any monies under

11 this Consent Decree is conditioned on the execution of a release between Golden Gate Meat and

12 recipient. The Commission will collect the releases from the Charging Party and from any other

13 party to be paid under the terms of this Consent Decree, and transmit each release to Golden Gate

14 Meat with a written request for payment. Golden Gate Meat will transmit the checks no later

15 than January 31 of the year specified for payment above. Should any of these monies be

16 unclaimed sixty (60) days after the expiration of this decree, said monies will be given to the

17 Mexican American Legal Defense and Education Fund for the purpose of serving the needs of

18 Latino and/or immigrant workers.

19 EXPIRATION OF CONSENT DECREE

20

16. This Consent Decree constitutes a full and final resolution of all the Commission’s

21 claims against Golden Gate Meat in this action. This Consent Decree will expire three (3) years

22 after its entry by the Court, provided that Golden Gate Meat has substantially complied with the

23 terms of this Consent Decree. Golden Gate Meat will be deemed to have complied substantially

24 //

25 //

26 //

27 //

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 5

Case 3:03-cv-04313-MMC Document 61 Filed 10/12/2004 Page 6 of 6

1 if the Court has not made any findings or orders during the term of the Decree that Golden Gate

2 Meat has failed to comply with any of the terms of this Decree.

3

4 On Behalf of Plaintiff Commission:

On Behalf of Defendant Golden Gate Meat:

5 Dated: October 12, 2004
6 EQUAL EMPLOYMENT OPPORTUNITY
7 COMMISSION

Dated: October 12, 2004 SHEPPARD MULLIN

8 ______/S/_________________
9 WILLIAM R. TAMAYO Regional Attorney
10

_______/S/_________________ DOUGLAS FARMER Attorneys for Golden Gate Meat

11 ______/S/_________________ JONATHAN PECK
12 Supervisory Trial Attorney

13 ______/S/_________________
14 CINDY O’HARA Senior Trial Attorney
15

16 ORDER
17

18

It is so ordered.

19

20 Dated:_____________________ 21

________________________________ United States District Court Judge

22

23

24

25

26

27

28

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 6

 
 Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 1 of 6

1 WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 CINDY O'HARA -- #114555 (CA) EVANGELINA HERNANDEZ – #168879 (CA)
3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
4 San Francisco District Office 350 The Embarcadero, Suite 500
5 San Francisco, California 94105 Telephone: (415) 625-5653
6 Facsimile: (415) 625-5657

7 Attorneys for Plaintiff Equal Employment Opportunity Commission

8

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

12 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

13

)

Plaintiff,

)

14

)

v.

)

15

)

)

16 GOLDEN GATE MEAT COMPANY, INC. )

)

17

Defendant.

)

_______________________________________ )

18

Civil Action No. C-03-4313 MMC/JCS
CONSENT DECREE BETWEEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND GOLDEN GATE MEAT COMPANY, INC.

19

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this action

20 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

21 correct alleged unlawful employment practices on the basis of discrimination based on national

22 origin, and to provide appropriate relief to individuals who the Commission alleged were

23 adversely affected by such practices. The Commission alleged that Defendant Golden Gate Meat

24 Company, Inc. (“Golden Gate Meat”) subjected employees to unlawful harassment based on

25 their national origin in violation of Title VII. Defendant Golden Gate Meat denied the

26 allegations and contends that its employees were treated fairly in accordance with the company’s

27 anti-discrimination policies. The Commission and Defendant Golden Gate Meat now seek to

28 resolve this action as to each other and as between Golden Gate Meat and the Charging Party

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 1

Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 2 of 6

1 without further contested litigation through the instant Consent Decree. This resolution does not

2 constitute an admission of liability on the part of Golden Gate Meat, nor constitute a finding on

3 the allegations stated in the Commission’s Complaint.

4

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

5 and the applicable law, and now approves this Consent Decree.

6

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

7 GENERAL PROVISIONS

8

1. This Court has jurisdiction over the subject matter and the parties to this action for

9 purposes of this Consent Decree. This Court retains jurisdiction over this Consent Decree during

10 its term. At the end of its term, this Consent Decree will expire with the same force and effect as

11 if it had been dismissed with prejudice.

12

2. This Consent Decree constitutes a full and final resolution of the Commission’s

13 claims against Golden Gate Meat in this action.

14

3. This Consent Decree will become effective upon its entry by the Court.

15

4. This Consent Decree is final and binding upon the parties to it, their successors

16 and assigns.

17

5. The Commission and Golden Gate Meat will each bear its own costs and

18 attorneys fees in this action.

19 GENERAL INJUNCTIVE RELIEF

20

6. Golden Gate Meat and its current officers, agents, and employees will comply

21 with all requirements of Title VII with respect to providing a work environment free from

22 discrimination, including harassment, on the basis of national origin at the Golden Gate Meat

23 premises.

24

7. Golden Gate Meat and its current officers, agents, and employees agree not to

25 retaliate against Charging Party Jose Elmer Carrasco and/or any current or former employees of

26 Golden Gate Meat for having testified or participated in any manner in the Commission’s

27 investigation and the proceedings in this case. This paragraph expressly excludes any charges of

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 2

Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 3 of 6

1 retaliation which have been filed with the EEOC prior to the date of entry of this Consent

2 Decree.

3 SPECIAL INJUNCTIVE RELIEF

4

Non-Discrimination Policies

5

8. Within sixty (60) days of the entry of this Decree, Golden Gate Meat will revise

6 its non-discrimination policy to address national origin-based discrimination and harassment,

7 including examples of such harassment and why such harassment is illegal. The policy will

8 include a fair and effective discrimination complaint procedure. Said revisions will be provided

9 to counsel for the Commission within one week of their printing.

10

9. Within sixty (60) days of the entry of this Consent Decree, Golden Gate Meat will

11 have translated the non-discrimination policies referenced in paragraph 8 above into Spanish.

12

10. Within ninety (90) days of the entry of this Consent Decree, Golden Gate Meat

13 will distribute the non-discrimination policies referenced in paragraph 8 above to all employees,

14 both management and non-management, and will obtain a dated and signed acknowledgment of

15 receipt from each employee. No later than one week after the distribution of the non-

16 discrimination policies, Golden Gate Meat will contact counsel for the Commission and arrange a

17 meeting for the Commission to cross-check the acknowledgments of receipt with the employee

18 roster. Said non-discrimination policies will be distributed to all new employees within one week

19 of their hire date; signed and dated acknowledgment of receipt forms will also be obtained from

20 these employees. Once per year, on the anniversary date of the entry of this Consent Decree,

21 counsel for the Commission will contact counsel for Golden Gate Meat and arrange a meeting for

22 the Commission to cross-check all acknowledgments of receipt for any new employees with the

23 employee roster; the last year of the term of the Consent Decree, counsel for the Commission will

24 contact counsel for Golden Gate Meat one month prior to the expiration of the Decree, so that the

25 final review will be conducted prior to the expiration of the decree. The Commission will return

26 originals and all copies of acknowledgment forms and rosters at the end of each meeting

27 referenced in this paragraph.

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 3

Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 4 of 6

1

Training

2

11. No later than ninety (90) days from the entry of this Consent Decree, Golden Gate

3 Meat will use an outside consultant, paid for by Golden Gate Meat, to train all employees, both

4 management and non-management, regarding discrimination, including discrimination based on

5 national origin and discriminatory harassment. Said training will be given in both English and in

6 Spanish. This training will be repeated on a yearly basis each year for the duration of this

7 Consent Decree.

8

Record Keeping, Reports and Posting

9

12. Within thirty (30) days after completing the training described in paragraph 11,

10 Golden Gate Meat will contact counsel for the Commission to arrange a meeting where counsel

11 for the Commission will be provided with the date(s) of training, copies of all materials

12 distributed at the training, and a list of all attendees, which counsel for the Commission will be

13 able to cross-check against the employee roster. For the convenience of counsel, this meeting

14 may be combined with the meeting referenced in paragraph 10 above. The original and all copies

15 of materials reviewed by the Commission will be returned at the end of the meeting.

16

13. Once every three months, to be measured beginning at the date of entry of this

17 Consent Decree and continuing for the duration of this Consent Decree, Golden Gate Meat will

18 notify counsel for the Commission whether any of its employees have made any complaints of

19 discrimination and/or harassment based on national origin to any Golden Gate Meat managers,

20 what steps were taken in response to that information, and how the situation was resolved.

21

14. An agreed-upon Notice in English and Spanish concerning the provisions of this

22 Consent Decree and the right of employees to work in a workplace free of discrimination and

23 harassment based on national origin shall be posted in a clearly visible location frequented by

24 employees, on Golden Gate Meat’s worksite, during the term of this Decree, and shall remain

25 posted for the duration of this Consent Decree. Defendant will monitor the posting and will

26 replace it if it is defaced or removed.

27 //

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 4

Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 5 of 6

1 MONETARY RELIEF

2

15. Golden Gate Meat will pay the sum of $65,000.00, to be allocated among the

3 Charging Party and similarly situated employees as determined by the Equal Employment

4 Opportunity Commission, as damages and in complete satisfaction of the Commission’s claims

5 against Golden Gate Meat as set forth in its Complaint. These money damages will be paid on

6 the following payment schedule: (1) One third to be paid not later than January 31, 2005; (2) one

7 third to be paid not later than January 31, 2006; and (3) the remainder to be paid not later than

8 January 31, 2007. These sums will be paid by check made out directly to each individual in his

9 name, and will be sent to Commission counsel Cindy O’Hara at the San Francisco District Office,

10 who will then forward the checks to the individual recipients. The payment of any monies under

11 this Consent Decree is conditioned on the execution of a release between Golden Gate Meat and

12 recipient. The Commission will collect the releases from the Charging Party and from any other

13 party to be paid under the terms of this Consent Decree, and transmit each release to Golden Gate

14 Meat with a written request for payment. Golden Gate Meat will transmit the checks no later

15 than January 31 of the year specified for payment above. Should any of these monies be

16 unclaimed sixty (60) days after the expiration of this decree, said monies will be given to the

17 Mexican American Legal Defense and Education Fund for the purpose of serving the needs of

18 Latino and/or immigrant workers.

19 EXPIRATION OF CONSENT DECREE

20

16. This Consent Decree constitutes a full and final resolution of all the Commission’s

21 claims against Golden Gate Meat in this action. This Consent Decree will expire three (3) years

22 after its entry by the Court, provided that Golden Gate Meat has substantially complied with the

23 terms of this Consent Decree. Golden Gate Meat will be deemed to have complied substantially

24 //

25 //

26 //

27 //

28 //

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

Page 5

Case 3:03-cv-04313-MMC Document 62 Filed 10/13/2004 Page 6 of 6

1 if the Court has not made any findings or orders during the term of the Decree that Golden Gate

2 Meat has failed to comply with any of the terms of this Decree.

3

4 On Behalf of Plaintiff Commission:

On Behalf of Defendant Golden Gate Meat:

5 Dated: October 12, 2004
6 EQUAL EMPLOYMENT OPPORTUNITY
7 COMMISSION

Dated: October 12, 2004 SHEPPARD MULLIN

8 ______/S/_________________
9 WILLIAM R. TAMAYO Regional Attorney
10

_______/S/_________________ DOUGLAS FARMER Attorneys for Golden Gate Meat

11 ______/S/_________________ JONATHAN PECK
12 Supervisory Trial Attorney

13 ______/S/_________________
14 CINDY O’HARA Senior Trial Attorney
15

16 ORDER
17

18

It is so ordered.

19

20 Dated:___O_c_t_o_b_e_r_1_3_,__2_0_0_4____ 21

________________________________ United States District Court Judge

22

23

24

25

26

27

28

Consent Decree Between Equal Employment Opportunity Commission and Golden Gate Meat Company, Inc.

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 CAND-ECF - Docket Report

Page 1 of 9

ADRMOP, CLOSED, E-Filing, MEDTERM, REFDISC
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:03-cv-04313-MMC

Equal Employment Opportunity Commission v. Golden Gate Meat Company, Inc. Assigned to: Hon. Maxine M. Chesney Referred to: Magistrate Judge Joseph C. Spero Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cindy O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evangelina Patricia Hernandez U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94103 415-625-5622 Fax: 415-625-5657 Email: Evangelina.Hernandez@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Golden Gate Meat Company, Inc.

represented by Douglas J. Farmer Sheppard Mullin Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415-434-9100 Email: dfarmer@sheppardmullin.com ATTORNEY TO BE NOTICED

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Date Filed 09/23/2003
09/23/2003 09/23/2003
09/23/2003 11/20/2003
12/19/2003 12/19/2003

Julie Anne Wilkinson Paul, Hastings, Janofsky & Walker LLP
55 Second St. 24th Floor San Francisco, CA 94105-3441 (415) 856-7078 Fax: (415) 856-7100 Email: JulieWilkinson@paulhastings.com ATTORNEY TO BE NOTICED
Kevin D. Reese Foster & Associates 610 16th Street Suite 310 Oakland, CA 94612 510-763-1900 Fax: 510-763-5952 Email: kreese@fosterlaborlaw.com ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT For Civil Rights Employment Discrimination & Demand For Jury Trial - [Summons Issued] against Golden Gate Meat Company, Inc., [Filing Fee: Waived/Government). Filed by Plaintiff Equal Employment Opportunity Commission. (tn, COURT STAFF) (Entered: 09/24/2003)

Summons Issued as to Golden Gate Meat Company, Inc. (tn, COURT STAFF) (Entered: 09/24/2003)

2 ADR SCHEDULING ORDER: Case Management Statement due by 1/21/2004. Initial Case Management Conference set for 1:30 p.m. on 1/28/2004. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Entered: 09/24/2003)

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 09/24/2003)

3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Golden Gate Meat Company, Inc. waiver sent on 10/22/2003, answer due 12/22/2003. (O'Hara, Cindy) (Filed on 11/20/2003) (Entered: 11/20/2003)

4 ANSWER to Complaint and Certification of Interested Entities by Golden Gate Meat Company, Inc.. (Wilkinson, Julie) (Filed on 12/19/2003) (Entered: 12/19/2003)

5 Declination to Proceed Before a U.S. Magistrate Judge by Golden Gate

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12/23/2003 12/24/2003 01/07/2004 01/08/2004
01/13/2004 01/26/2004 01/30/2004
01/30/2004 04/02/2004 04/09/2004 04/09/2004

Meat Company, Inc.. (Wilkinson, Julie) (Filed on 12/19/2003) (Entered: 12/19/2003)
6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, ) (Filed on 12/23/2003) (Entered: 12/23/2003)
7 ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Edward M. Chen no longer assigned to case. Signed by EXECUTIVE COMMITTEE on 12/24/03. (ha, COURT STAFF) (Filed on 12/24/2003) (Entered: 12/24/2003)
8 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 1/7/2004) (Entered: 01/07/2004)
9 CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 1/23/2004. Case Management Conference set for 1/30/2004 10:30 AM.. Signed by Judge Maxine M. Chesney on 10/9/2002. (tl, COURT STAFF) (Filed on 1/8/2004) (Entered: 01/08/2004)
10 STIPULATION AND ORDER selecting ADR process. Signed by Judge Fern M. Smith for Maxine M. Chesney on 1/13/2004. (mmclc2, ) (Filed on 1/13/2004) (Entered: 01/13/2004)
11 JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 1/26/2004) (Entered: 01/26/2004)
12 Minute Entry: Initial Case Management Conference held on 1/30/2004 before Fern M. Smith for Maxine M. Chesney (Date Filed: 1/30/2004), Case referred to mediation (to be held after August 2004). Discovery due by 12/27/2004. Expert Discovery due by 1/18/2005. Final Pretrial Conference set for 3/1/2005 03:00 PM. Jury Trial set for 3/14/2005 09:00 AM (8 days). Status Conference set for 4/9/2004 10:30 AM. Joint status statement due by 4/2/2004. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 1/30/2004) (Entered: 01/30/2004)
13 PRETRIAL PREPARATION ORDER. Signed by Judge Fern M. Smith for Maxine M. Chesney on 1/30/2004. (tl, COURT STAFF) (Filed on 1/30/2004) (Entered: 01/30/2004)
14 JOINT CASE MANAGEMENT STATEMENT -- SUPPLEMENTAL JOINT CASE MGMT CONF. STATEMENT filed by Golden Gate Meat Company, Inc.. (Wilkinson, Julie) (Filed on 4/2/2004) (Entered: 04/02/2004)
15 Minute Entry: Status Conference (Date Filed: 4/9/2004). Case Management Statement due by 12/3/2004. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 4/9/2004) (Entered: 04/09/2004)
Set Deadlines/Hearings: Status Conference set for 12/10/2004 10:30 AM. (tl, COURT STAFF) (Filed on 4/9/2004) (Entered: 04/09/2004)

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04/22/2004
04/22/2004
04/22/2004 04/23/2004 04/27/2004 05/03/2004
05/03/2004
05/14/2004 05/14/2004 05/14/2004
05/14/2004 05/21/2004

16 MOTION to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. or in the alternative for a Protective Order that such Discovery not be Had filed by Equal Employment Opportunity Commission. Motion Hearing set for 5/28/2004 09:00 AM. (O'Hara, Cindy) (Filed on 4/22/2004) (Entered: 04/22/2004)
17 Declaration of Cindy O'Hara in Support of 16 Motion to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. or in the alternative, for a Protective Order that Such Discovery Not be Had filed by Equal Employment Opportunity Commission. (Related document(s) 16) (O'Hara, Cindy) (Filed on 4/22/2004) (Entered: 04/22/2004)
18 Proposed Order re 16 Motion to Quash Subpoenas or in the Alternative for a Protective Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/22/2004) (Entered: 04/22/2004)
19 ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Maxine M. Chesney on 4/23/2004. (mmclc2, ) (Filed on 4/23/2004) (Entered: 04/23/2004)
CASE REFERRED to Magistrate Judge for Discovery Joseph C. Spero. (wh, COURT STAFF) (Filed on 4/27/2004) (Entered: 04/27/2004)
20 NOTICE OF REFERENCE, TIME AND PLACE OF HEARING. The hearing on Plaintiff's Motion to Quash Subpoenas to Bayside Market is set for hearing on June 4, 2004, at 1:30 p.m. Signed by Judge Joseph C. Spero on 5/3/2004. (klh, COURT STAFF) (Filed on 5/3/2004) (Entered: 05/03/2004)
Set/Reset Deadlines as to 16 MOTION to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. or in the alternative for a Protective Order that such Discovery not be Had. Motion Hearing set for 6/4/2004 at 1:30 PM, before Magistrate Judge Joseph C. Spero. (klh, COURT STAFF) (Filed on 5/3/2004) (Entered: 05/03/2004)
21 NOTICE of Appearance by Kevin D. Reese (Reese, Kevin) (Filed on 5/14/2004) (Entered: 05/14/2004)
22 Memorandum in Opposition to Motion to Quash Subpoenas filed by Golden Gate Meat Company, Inc.. (Reese, Kevin) (Filed on 5/14/2004) (Entered: 05/14/2004)
23 DECLARATION of Kevin Reese in Support of Opposition to Motion to Quash Subpoenas filed by Golden Gate Meat Company, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B to Reese Decl.# 3 Exhibit Exhibit C to Reese Decl.# 4 Exhibit Exhibit D to Reese Decl.# 5 Exhibit Exhibit E to Reese Decl.)(Reese, Kevin) (Filed on 5/14/2004) (Entered: 05/14/2004)
24 DECLARATION of Proposed Order Re Motion in Opposition to Quash Subpoenas filed by Golden Gate Meat Company, Inc.. (Reese, Kevin) (Filed on 5/14/2004) (Entered: 05/14/2004)
25 Reply to Opposition 22 Plaintiff EEOC's Reply Memorandum of Points

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05/21/2004
06/04/2004
06/10/2004 06/15/2004 07/01/2004 08/13/2004 08/13/2004 08/13/2004

and Authorities in Support of Motion to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. or in the alternative, issuance of Protective Order that Such Discovery Not be Had filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 5/21/2004) Modified on 5/24/2004 (aaa, Court Staff). (Entered: 05/21/2004)
26 Declaration of Cindy O'Hara, Raymond Cheung in Support of 25 SECOND DECLARATION OF CINDY O?HARA IN SUPPORT OF PLAINTIFF EEOC?S MOTION TO QUASH SUBPOENAS TO BAYSIDE MARKET AND PREFERRED MEATS, INC. OR, IN THE ALTERNATIVE, ISSUANCE OF PROTECTIVE ORDER THAT SUCH DISCOVERY NOT BE HAD; DECLARATION OF RAYMOND CHEUNG filed by Equal Employment Opportunity Commission. (Related document(s)25) (O'Hara, Cindy) (Filed on 5/21/2004) (Entered: 05/21/2004)
27 Minute Entry: Motion Hearing held on 6/4/2004 before Joseph C. Spero re 16 MOTION to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. or in the alternative for a Protective Order that such Discovery not be Had filed by Equal Employment Opportunity Commission. Motion Granted. Court to prepare Order. (Court Reporter Leo Mankiewicz.) (klh, COURT STAFF) (Date Filed: 6/4/2004) (Entered: 06/04/2004)
28 ORDER by Judge Joseph C. Spero granting 16 Pla's Motion to Quash. Signed on 6/10/2004. (klh, COURT STAFF) (Filed on 6/10/2004) (Entered: 06/10/2004)
Set/Reset Hearings: Mediation Hearing set for 8/26/2004 10:00 AM., in the offices of Sheppard, Mullin, Richter & Hampton, Four Embarcadero Center, 17th Floor, San Francisco. Mediation briefs due to Mediator by 8/19/2004. (af, COURT STAFF) (Filed on 6/15/2004) (Entered: 06/15/2004)
29 TRANSCRIPT of Proceedings held on June 4, 2004 before Magistrate Judge Joseph C. Spero. Court Reporter: Leo T. Mankiewicz. (aaa, Court Staff) (Filed on 7/1/2004) (Entered: 07/01/2004)
30 MOTION to Compel PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES filed by Equal Employment Opportunity Commission. Motion Hearing set for 9/17/2004 09:30 AM. (O'Hara, Cindy) (Filed on 8/13/2004) (Entered: 08/13/2004)
31 NOTICE of Appearance by Evangelina Patricia Hernandez Notice of Appearance by Evangelina Fierro Hernandez (Hernandez, Evangelina) (Filed on 8/13/2004) (Entered: 08/13/2004)
32 Declaration of Cindy O'Hara in Support of 30 Motion to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits A-E# 2 Exhibit Exhibits F-I# 3 Exhibit Exhibits J-N)(Related document(s)30) (O'Hara, Cindy) (Filed on 8/13/2004) (Entered: 08/13/2004)

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08/13/2004
08/13/2004
08/13/2004 08/13/2004 08/13/2004 08/16/2004 08/19/2004 08/19/2004 08/19/2004 08/19/2004

33 *** FILED IN ERROR. PLEASE SEE DOCKET #36. *** MOTION for Protective Order filed by Equal Employment Opportunity Commission. Motion Hearing set for 9/17/2004 09:30 AM. (Hernandez, Evangelina) (Filed on 8/13/2004) Modified on 8/16/2004 (aaa, Court Staff). This Attachment was erroneously e-filed by Plaintiff(s) Attorney. SEE DOCKET NUMBER 36 for the Correct e-filing. Modified on 8/16/2004 (br, COURT STAFF). (Entered: 08/13/2004)
34 *** FILED IN ERROR. PLEASE SEE DOCKET #37. *** Declaration of Cindy O'Hara filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A-E)(Hernandez, Evangelina) (Filed on 8/13/2004) Modified on 8/16/2004 (aaa, Court Staff). This Attachment was erroneously e-filed by Plaintiff(s) Attorney. SEE DOCKET NUMBER 37 for the correct e-filing. Modified on 8/16/2004 (br, COURT STAFF). (Entered: 08/13/2004)
35 Proposed Order re 36, 37 by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 8/13/2004) Modified on 8/16/2004 (aaa, Court Staff). (Entered: 08/13/2004)
36 MOTION for Protective Order Correction of Docket No. 33 filed by Equal Employment Opportunity Commission. Motion Hearing set for 9/17/2004 09:30 AM. (Hernandez, Evangelina) (Filed on 8/13/2004) (Entered: 08/13/2004)
37 Declaration of Cindy O'Hara in Support of 36 Correction of Docket No. 34 filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A thru E)(Related document(s)36) (Hernandez, Evangelina) (Filed on 8/13/2004) (Entered: 08/13/2004)
38 Proposed Order re 30, 32 MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 8/16/2004) (Entered: 08/16/2004)
39 Second MOTION to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. filed by Equal Employment Opportunity Commission. Motion Hearing set for 9/24/2004 09:30 AM. (O'Hara, Cindy) (Filed on 8/19/2004) (Entered: 08/19/2004)
40 Declaration of Cindy O'Hara in Support of 39 Plaintiff EEOC's Second Motion to Quash Subpoenas to Bayside Market and Preferred Meats, Inc. filed by Equal Employment Opportunity Commission. (Related document(s)39) (O'Hara, Cindy) (Filed on 8/19/2004) (Entered: 08/19/2004)
41 EXHIBITS re 40 Exhibits A-E to Declaration of Cindy O'Hara in support of Second Motion to Quash Subpoenas filed by Equal Employment Opportunity Commission. (Related document(s)40) (O'Hara, Cindy) (Filed on 8/19/2004) (Entered: 08/19/2004)
42 EXHIBITS re 40, 41 Exhibit F-K to Declaration of Cindy O'Hara in support of motion to Quash Subpoenas filed by Equal Employment

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08/19/2004 08/20/2004
08/20/2004 08/20/2004 08/26/2004 08/31/2004
08/31/2004 08/31/2004 08/31/2004

Opportunity Commission. (Related document(s)40, 41) (O'Hara, Cindy) (Filed on 8/19/2004) (Entered: 08/19/2004)
43 Proposed Order re 39 Motion to Quash Second Subpoenas to Bayside Market & Preferred Meats, Inc. by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 8/19/2004) (Entered: 08/19/2004)
44 CLERK'S NOTICE - The hearing on Pla's Motion to Compel Production of Documents, and Motion for Protective Order, previously set for hearing on 9/17/04 at 9:30 a.m., has been rset for 9/24/2004 at 9:30 AM. ALL OPPOSITION AND REPLY PAPERS SHALL BE TIMELY FILED ACCORDING TO THE ORIGINALLY NOTICED HEARING DATE, PURSUANT TO CIVIL L.R. 7-3. (klh, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/20/2004)
Set/Reset Deadlines as to 36 MOTION for Protective Order Correction of Docket No. 33, and 30 MOTION to Compel PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES. Motion Hearing reset for 9/24/2004 at 9:30 AM before Judge Spero. (klh, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/20/2004)
45 NOTICE by Golden Gate Meat Company, Inc. of Substitution of Attorney (Farmer, Douglas) (Filed on 8/20/2004) (Entered: 08/20/2004)
46 Minute Entry: Telephonic Discovery Hearing held on 8/26/2004 before Joseph C. Spero. Court to prepare Order. (Court Reporter Not recorded.) (klh, COURT STAFF) (Date Filed: 8/26/2004) (Entered: 08/26/2004)
47 ORDER TO MEET AND CONFER. Lead trial counsel for Plaintiff, and lead trial counsel for Defendant, along with William Tamayo and the CEO of Golden Gate Meat Co., shall meet and confer in person within 3 weeks to discuss all current discovery disputes. A joint detailed letter shall be due by 9/17/04. Signed by Judge Joseph C. Spero on 8/31/2004. (klh, COURT STAFF) (Filed on 8/31/2004) (Entered: 08/31/2004)
48 MOTION for Protective Order Preventing Defendant from Intimidation of Witnesses And Their Family Members filed by Equal Employment Opportunity Commission. Motion Hearing set for 10/8/2004 09:30 AM. (O'Hara, Cindy) (Filed on 8/31/2004) (Entered: 08/31/2004)
49 Declaration of Jose Elmer Carrasco in Support of 48 Motion for a Protective Order Preventing Defendant from Intimidation of Witnesses and Their Family Members filed by Equal Employment Opportunity Commission. (Related document(s)48) (O'Hara, Cindy) (Filed on 8/31/2004) (Entered: 08/31/2004)
50 Declaration of Sara Aguirre in Support of 48 Motion for a Protective Order Preventing Defendant from Intimidation of Witnesses and Their Family Members filed by Equal Employment Opportunity Commission. (Related document(s)48) (O'Hara, Cindy) (Filed on 8/31/2004) (Entered: 08/31/2004)

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08/31/2004 08/31/2004 09/01/2004 09/01/2004 09/01/2004 09/02/2004 09/13/2004 09/15/2004
09/15/2004

51 Declaration of Cindy O'Hara in Support of 48 Motion for a Protective Order Preventing Defendant from Intimidation of Witnesses and Their Family Members filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits to Declaration of Cindy O'Hara) (Related document(s)48) (O'Hara, Cindy) (Filed on 8/31/2004) (Entered: 08/31/2004)
52 Proposed Order re 48 Granting Plaintiff EEOC's Motion for Protective Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 8/31/2004) (Entered: 08/31/2004)
53 CLERK'S NOTICE Continuing Pla's Motion for Protective Order Preventing Defendant from Intimidation of Witnesses and Their Family Members, previously set for hearing on 10/8/04 at 9:30 a.m., has been reset for 10/15/2004 at 1:30 PM. No change in briefing schedule. (klh, COURT STAFF) (Filed on 9/1/2004) (Entered: 09/01/2004)
Set/Reset Deadlines as to 48 Pla's MOTION for Protective Order Preventing Defendant from Intimidation of Witnesses And Their Family Members. Opposition due by 9/17/2004. Replies due by 9/24/2004. Motion Hearing reset for 10/15/2004 at 1:30 PM before Magistrate Judge Spero. (klh, COURT STAFF) (Filed on 9/1/2004) (Entered: 09/01/2004)
55 Declaration of Maria Carmen Portillo in Support of 54 Protective Order filed by Equal Employment Opportunity Commission. FILED UNDER SEAL. (Related document(s)54) (aaa, Court Staff) (Filed on 9/1/2004) (Entered: 09/02/2004)
54 ORDER Granting Miscellaneous Administrative Request to File Declaration of Maria Carmen Portillo Under Seal. Signed by Judge Joseph C. Spero on 9/2/04. (klh, COURT STAFF) (Filed on 9/2/2004) (Entered: 09/02/2004)
56 Joint MOTION for Extension of Time to File Response/Reply as to 47 Order,, 48 MOTION for Protective Order Preventing Defendant from Intimidation of Witnesses And Their Family Members, Set Motion and R&R Deadlines/Hearings, filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 9/13/2004) (Entered: 09/15/2004)
57 ORDER, by Judge Joseph C. Spero, signed on 9/15/04, Granting 56 Joint Motion for Extension of Time to File Response/Reply re 48 Pla's MOTION for Protective Order Preventing Defendant from Intimidation of Witnesses And Their Family Members. Joint meet-and-confer letter due by 10/4/04. Opposition due by 10/4/2004. Replies due by 10/12/2004. Hearing on ALL Motions has been continued to 10/22/04 at 1:30 p.m. (klh, COURT STAFF) (Filed on 9/15/2004) (Entered: 09/16/2004)
Set/Reset Deadlines as to 36 Pla's MOTION for Protective Order Correction of Docket No. 33, 48 Pla's MOTION for Protective Order Preventing Defendant from Intimidation of Witnesses And Their Family Members, 30 Pla's MOTION to Compel PRODUCTION OF

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10/01/2004 10/05/2004 10/05/2004
10/12/2004 10/13/2004 10/15/2004

DOCUMENTS AND ANSWERS TO INTERROGATORIES, 39 Pla's Second MOTION to Quash Subpoenas to Bayside Market and Preferred Meats, Inc.. Motion Hearing re-set for 10/22/2004 at 1:30 PM before Magistrate Judge Spero. (klh, COURT STAFF) (Filed on 9/15/2004) (Entered: 09/16/2004)
58 STIPULATION and Proposed Order Extending Time For Briefing Schedule by Golden Gate Meat Company, Inc.. (Farmer, Douglas) (Filed on 10/1/2004) (Entered: 10/01/2004)
59 CERTIFICATION OF MEDIATION Session held on 8/26/2004, case fully settled, though the parties are still in the process of finalizing the details. Filed by Mediator, Laura Farrow, dated 9/22/2004. (af, COURT STAFF) (Filed on 10/5/2004) (Entered: 10/05/2004)
60 STIPULATION AND ORDER EXTENDING TIME FOR BRIEFING SCHEDULE. Joint letter shall be due by 10/11/4; Dft's Oppositon to Motion for 2nd Protective Order shall be filed by 10/11/4 and reply due by 10/15/4. Signed by Judge Joseph C. Spero on 10/4/2004. [Grants Docket No. 58](klh, COURT STAFF) (Filed on 10/5/2004) (Entered: 10/05/2004)
61 SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 10/12/2004) (Entered: 10/12/2004)
62 CONSENT DECREE. Signed by Judge Maxine M. Chesney on 10/13/2004. (mmclc2, COURT STAFF) (Filed on 10/13/2004) (Entered: 10/13/2004)
63 NOTICE by Equal Employment Opportunity Commission of Withdrawal of Discovery Motions Without Prejudice (O'Hara, Cindy) (Filed on 10/15/2004) (Entered: 10/15/2004)

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