USDC SCAN INDEX SHEET

SWD 9/30/05 3 : 05-CV-01880 *i* *CMP. *

14 : 41 US EQUAL EMPLOYMENT V. WALKER WOOD

ORIGINAL

1 Anna Y. Park, SBN 164242
Cherry-Marie D. Rojas, SBN 141482 2 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 3 255 East Temple Street, Fourth Floor
Los Angeles, CA 90012 4 Telephone: (213) 894-1068
Facsimile: (213) 894-1301 5
Connie Liem, TX SBN 791113 6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 7 401 B Street, Suite 510
San Diego, CA 92101 8 Telephone: (619) 557-7284
Facsxmile: (619) 557-7274 9
Attorneys for Plaintiff 10 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 11

05 SEP 30 Pt412:05
CLERK. U.S. DIST,".I~T .L,I.;~ r, LRl’t D~STRICT ..F CALIF(.kr~

12

UNITED STATES DISTRICT COURT

13

SOUTHERN DISTRICT OF CALIFORNIA

14 15 U.S. EQUAL EMPLOYMENT

CV t 880

16 OPPORTUNITY COMMISSION,

COMPLAINT--TITLE VII

17

Plaintiff,

¯ Sexual Harassment

18

VS.

¯ Retaliation

19 WALKER WOOD PRODUCTS,

JURY TRIAL DEMAND

20

Defendant. 21

22

23

NATURE OF THE ACTION

24

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

25 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation,

26 and to provide appropriate relief to Amalia Venegas and a class of similarly situated individuals

27 who were adversely affected by such practices. As set forth in this Complaint, Plaintiff alleges

28 that Ms. Venegas and a class of similarly situated individuals were subjected to a hostile
~ -1Case No.

1 environment by Defendant based on their sex and that Defendant retaliated against Ms. Venegas

2 when she complained of the harassment.

3

JURISDICTION AND VENUE

4

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § § 451, 1331, 1337,

5 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of

6 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3)

7 ("Title VII") and Section I02 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

8

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

9 committed within the jurisdiction of the United States District Court for the Southern District of

10 California.

tl

PARTIES

12

3. Plaintiff, the U.S Equal Employment Opportunity Commission ("EEOC" or

13 "Commission"), is the agency of the United States of .America charged with the administration,

14 interpretation and enforcement of Title VII, and is expressly authorized to bring this action by

15 Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

16

4. At all relevant times, Defendant, Walker Wood Products (the "Employer"), has

17 continuously been a California corporation doing business in the State of California and the

18 Cities of San Marcos and Escondido, and has continuously had at least 15 employees.

19

5. At all relevant times, Defendant Employer has continuously been an employer

20 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) o

21 Title VII, 42 U.S.C. §9 2000e(b), (g) and (h).

22

STATEMENT OF CLAIMS

23

6. More than thirty days prior to the institution of this lawsuit, Amalia Venegas filed

24 a charge with the Commission alleging violations of Title VII by Defendant Employer. All

25 conditions precedent to the institution of this lawsuit have been fulfilled.

26

7. Since at least December 1, 2003, Defendant Employer has engaged in unlawful

27 employment practices at its San Marcos, California facility, in violation of Section 703 of

28 Title VII, 42 U.S.C. § 2000e-2, by subjecting Amalia Venegas and a class of similarly situated

-2Case No.

1 individuals to a sexually harassing hostile environment. The sexually harassing behavior was

2 perpetrated by a supervisor and included, but was not limited to: frequent and unwelcome

3 explicit sexual commentary about Ms. Venegas’ and other women’s clothing, bodies, breasts,

4 buttocks, and genitalia; sexual propositions; explicit commentary about sexual acts; staring and

5 leering. On or about May 1, 2004, sexually suggestive commentary about Ms. Venegas and

6 another woman, with telephone numbers, was also written on the men’s bathroom wall.

7 Defendant Employer allowed the hostile environment to persist despite repeated complaints by

8 Ms. Venegas and others about the harassment. Defendant Employer further failed to exercise

9 reasonable care to prevent and correct promptly the sexually harassing behavior.

10

8. From on or about November 19, 2004, through at least on or about January 24,

11 2005, Defendant Employer has also engaged in unlawful employment practices at its San

12 Marcos, California facility, in violation of Section 704 of Title VII, 42 U.S.C. § 2000e-3, by

13 retaliating against Amalia Venegas for having complained of the harassment, when it laid her o

14 from work and replaced her with a new hire.

15

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

16 Amalia Venegas and a class of similarly situated individuals of equal employment opportunities

17 and otherwise adversely affect their status as employees, because of their sex.

I8

10. The effect of the practices complained of in paragraph 8 above has been to

19 deprive Amalia Venegas of equal employment opportunities and otherwise adversely affect her

20 status as an employee, because of her participation in the protected activity of opposing sex-

21 discriminatory practices at Defendant Employer.

22

11. The unlawful employment practices complained of in paragraphs 7-8 above were

23 and are intentional.

24

12. The unlawful employment practices complained of in paragraphs 7-8 above were

25 and are done with malice or with reckless indifference to the federally protected rights of AmaIia

26 Venegas and a class of similarly situated individuals.

27 ///

28 ///

-3Case No.

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully requests that this Court:

3

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

4 successors, assigns, and all persons in active concert or participation with it, from engaging in

5 sexual harassment, retaliation, and any other employment practice which discriminates on the

6 basis of sex.

7

B. Order Defendant Employer to institute and carry out policies, practices, and

8 programs which provide equal employment opportunities for women, and which eradicate the

9 effects of its past and present unlawful employment practices.

10

C. Order Defendant Employer to make whole Amalia Venegas, by providing

11 appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other

12 affirmative relief necessary to eradicate the effects of its unlawful employment practices,

13 including but not limited to restoration of the compensation, seniority and benefits she would

14 have enjoyed had she not been laid off.

15

D. Order Defendant Employer to make whole Amalia Venegas and a class of

16 similarly situated individuals, by providing compensation for past and future pecuniary losses

17 resulting from the unlawful employment practices described in paragraphs 7-8 above, in amount

18 to be determined at trial.

19

E. Order Defendant Employer to make whole Amalia Venegas and a class of

20 similarly situated individuals by providing compensation for past and future nonpecuniary losse

21 resulting from the unlawful practices complained of in paragraphs 7-8 above, in amounts to be

22 determined at trial.

23

F. Order Defendant Employer to pay Amalia Venegas and a class of similarly

24 situated individuals punitive damages for its malicious and reckless conduct described in

25 paragraphs 7-8 and 12 above, in amounts to be determined at trial.

26

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

27 interest.

28

H. Award the Commission its costs of this action.

-4Case No.

1

JURY TRIAL DEMAND

2

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

3

James L. Lee

Deputy General Counsel 4

5

Gwendolyn Young Reams

Associate General Counsel 6

7

Anna Y."Parka --

8

Regional Attorney

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-5Case No.

,+

ORIGINAL

(~.~6,~

CIVIL COVER SHEET

The JS-C,t civil cover shee* and the infonmdon Conlalncd herein neither re#ace nor supplemen! the filing and service of pleadings or other pap~a~ r~qui/cd byline,w, e~ c~’~]~l as W0vided by local

ruins of corn1. This form, approved by the Judicial Conference of*he United Slates in September t974, is required for the us, of*he Cle~’k ofC~ for~*h~f i~iti~ing the cgv[I d~ckel

sheet. (SEE INSTRUCTIONS ON THE SECOND PAGE OF THIS FORM.)

I (a) PLAINTIFFS

DEFENDAt~I’S

05 SEP 30 PH 12:05

U.S.Equal Employment Opportunit Commission

Walker Wood Products CLERK. U,S. DISTRICT ~+.,uIfI~.RN DIST~!CT CF CALIFOk~L~

|b) COUNTY OF RES| DENCE OF FIRST LISTED Los Angele :OUNTYO~R~mD~C{O~UST~DD{~DA~ San D~ego

PLAINTI FF

(IN U.S. PLAI~IFF CASES ONLY)

I

I

(EXCEPT IN U.S. PLAINTIFF CASES}

IY:

DEPUTY

~O~: IN ~ND COND£M~A~ON CASB, USE THE ~A~ON OF ~ ~ Of ~VOLVED

() A~ORNEYS (FI~M NAM E, ADDRESS, AND TELEPHONE NUMBER)

ATTORNEYS (IF KNOWN)

Anna Y. Pa~k, Cherry-M~rie Roja

Connie Liem 255 East Temple Street, 4th F1. T.~g An~e]e~CA 90012
IL BASIS OF JU~SDI~ION (P~CE AN ~ IN ONE BOX ONL~

IlL CITIZENSIIIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX

(For Dh’¢rsily Ca6e6 Only)

FOR PLAINTIFF AND ONE BOX FOR DEFENDANT

~’U.S. Govemmenl Plaindff [] 2U.S. Government Defend~nt

1-13Fedcral Question (U.S. Government Not a PAR3’)
[-]4Diversity (Indicate Citizenship of Pardes in Item Ill

Citiz~ of This State
Citizen of Ano~ber Stale
Citize~ or Subject of a Foreign Country

PT DEF

PT DEF

r’ll []1

lncm]mratedo’rPri~cipalPlaceofBcsine~s i’-t4 []4 in This Stale

i~2

i~2

Incorporated in Another

and Principal Slate

Place

of

Business

[~5

[]5

D3 D3 Fordga Nation

~6

IV. CAUSE OF A~ION (CITE TH E US CI~L ~AT~E UNDER WH ICH YOU A~ FILING AN D W~E A B~EF ~ATEME~ OF CA USE. DO NOT CITE JURISD[~IONAL STATUES UNLESS D1YE~II~
Action under Title VII of the Civil Rights Ac~ of 1964 a~.Title the Civil ~ights Act of 1991 to correct unlawful employment practices

~,

of

V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) TORTS

ro~oTURamr~TY

-I ~ Io.M~L~me -I 315 Abphae -I 320 At~:d~, Libel & Slandgx -[ 330 Federal F_q~y~’
~ 3~ M~nc
~ ~ 350 Mo~ Vc~k

[] 362 PcnmaI ~y-
r-1365 pcrgmal i~ba-yP3oducl Liab~.ti~
~ct ~ti~
~ 370~F~ ~ 371 Tm~ ~ ~i~

[] 6~O Oc¢umfional

-I 630 Parrot
"[ R40 T~demark SOCIAL SECURITY

[] 220 Foreckmu~ [] 230 Rein Lease & Eiccmt~ [] 240 Tort ¢, Land [] ~4~ tor~ P~ed~t I.,i,~ili~ [] 290 All Other Real Pmpcay

"] 44l Voting -I ~ Write

PRISONER PETITIONS

730 [~o.ms~t m~,~n~ & ~] T~pL ~ [~.

V]. ORIGIN (PLACE AN X IN ONE BOX ONLY}

~Jl Original Proceeding 1~2 Remora] from [] 3 Remanded flora Appelate []4 Reinstated Or []5 Transfcreed from

State Court

Court

Reol~n~ ;h~othtr d~trEcl (SpeCify)

VII. REQUESTED IN COMPLAINT:

~ CHECK IF THIS IS A CLASS ACTION UNDER £r,c.p. 23

DEMAND

r]6 Multldlsuict Litigation r’~7 Appeal m District Judge f¢om MagisU’atc Jt~lgmexR
Cl~k YES onIy fit rounded m compLaint: JURY DEMAND: ~YES [DNO

VIII. RELATED C.A. ~;.E(~) I.F ANYISee Instrncllonsh

JUD, GE

_..~Doc~t Num~

DATE

::ODMA\PCDOCS\WORDPERFECTE22816\1 Janua"y 24, 2000 (3:10pro)

 
 1 Anna Y. Park, SBN 164242 Peter F. Laura;...,SBN 116426
2 U.S. EQUAL .DMPLOYMENT OPPORtUNITY COMMISSION
3 255 East Teml2le Stree~ Fourth Floor Los Angeles, CA 9001 L
4 Telephone: (213) 894-1079 Facslmile: (213) 894-1301
5 E-Mail: lado.legal@eeoc.gov 6 Connie Liem, TX SBN 791113
U.S. EQUAL EMPLOYMENT 7 OPPORIUNITY COMMISSION
401 B Stree~ Suite 510 8 San Diego, ~A 92101
Telephone: (619) 557-7284 9 Facslmile: (619) 557-7274
10 Attorneys for Plaintiff, US EQUAL EMPLOYMENT OPPORTUNITY COMMMISSION

11 JAMES A. TESTA SBN 64660 12 TESTA & ASSOCIATES, LLP
570 Rancheros Drive, Suite 250 13 San Marcos, California 92069 14 (760)891-0490 I FAX (760)891-0495

15 Attorney for Defendant, WALKER WOOD PRODUCTS

16

17

18

UNITED STATES DISTRICT COURT

19

SOUTHERN DISTRICT OF CALIFORNIA

20

21 U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

22

)

23 -vs-

Plaintiff,

)

)

24

)

25 WALKER WOOD PRODUCTS,

)

)

26

Defendant. )

CASE NOS. '05 CV 1880 - WQH (LSP) 06 CV 2335-BEN (NLS)
CONSENT DECREE

27

28

-1-
EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

1

I.

2

INTRODUCTION

3 Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission")
4 and Defendant Walker Wood Products, Inc. (hereinafter "Defendant" or "Walker Wood") (at times,
5

6 collectively, the "Parties" or individually, a "Party") hereby stipulate and agree to entry of this

7 Consent Decree to resolve two cases filed by the Commission under Title VII of the Civil Rights

8 Act of 1964, as amended, 42 U.S.C. § 2000e et~. ("Title VII"): (1) Case No. 05-CV 1880 WQH 9
(LSP) alleging that Charging Party Amalia Venegas, and other similarly situated individuals were 10 11 subjected to unlawful employment practices on the basis of sex, female and that Charging Party
12 Venegas was subjected to retaliation in violation of Title VII ; and (2) Case No. 06 CV 2335 BEN

13 (NLS) alleging that Charging Party Jose Hernandez was subjected to retaliation in violation of Title
14 VII. Walker Wood denies the allegations contained in the Commission's complaints and nothing
15 contained in this Consent Decree shall be construed as an admission of any liability or wrongdoing
16
17 on the part of Walker Wood. The parties hereto acknowledge that the resolution of all issues raised

18 in the matter entitled U S. Equal Employment Opportunity Commission v. Walker Wood Products,

19 Inc., United States District Court for the Southern District of California Case No.05CVI880-WQH
20 (LSP)and U S. Equal Employment Opportunity Commission v. Walker Wood Products, Inc., United
21 States District Court for the Southern District of California, Case No. 06 CV 2335 BEN (NLS)
22
23 (hereinafter, the "Actions") by this Consent Decree is a compromise and settlement of disputed

24 claims.

25

26

27

28

-2-
EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

II.

2

PURPOSES AND SCOPE OF THE CONSENT DECREE

3 A. The parties to this Consent Decree ("Decree") are the EEOC and Walker Wood.
4 The scope of this Decree includes Walker Wood's facilities in San Diego County, California.
5

6

B. The parties have entered into this Decree for the purpose of resolving all issues

7 between them arising out of the Actions.

8

III.

9 RELEASE OF CLAIMS
10

11

A. This Decree fully and completely resolves all issues, claims and allegations by the

12 EEOC against Walker Wood that are raised in the Actions. Each of the Charging Parties and

13 claimant will sign a separate release and the releasing parties shall have the opportunity to
14 consult with independent counsel to review and receive advise concerning the execution of these 15
releases to which the EEOC is not a party. Walker Wood shall pay for the fees of such 16 17 independent counsel provided that such fees, collectively, shall not exceed the total sum of

18 $750.00.

19

B. Nothing in this Decree shall be construed to preclude any party from bringing suit

20 to enforce this Decree in the event that any party hereto fails to perfonn the promises and
21 representations contained herein.
22

23

C. Nothing in this Decree shall be construed to limit or reduce Walker Wood's

24 obligation to comply fully with Title VII or any other federal employment statute.

25

D. This Decree in no way affects the EEOC's right to bring, process, investigate or

26
litigate other charges that may be in existence or may later arise against Walker Wood in
27

28

-3-
EEOC v. Walker Wood Products. - Case No. 'OS CV 1880 WQH (LSP) and 06CV 2335 BEN (NLS)

1 accordance with standard EEOC procedures that are wholly unrelated to the allegations contained in

2 the Actions.
3

4

5

6

A.

IV. JURISDICTION The Court has jurisdiction over the parties and the subject matter of this lawsuit.

7 The Complaint asserts claims that, if proven, would authorize the Court to grant the equitable

8 relief set forth in this Decree. The terms and provisions of this Decree are fair, reasonable and

9 just. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in
10
11 derogation ofthe rights or privileges of any person.

12

B. The Court shall retain jurisdiction of this action during the duration of the Decree for

13 the purposes of entering all orders, judgments and decrees that may be necessary to implement the

14 relief provided herein.

15
V. 16

17

EFFECTIVE DATE AND DURATION OF DECREE

18

A. The provisions and agreements contained herein are effective immediately upon

19 the date which this Decree is entered by the Court ("the Effective Date").
20
B. Defendant has represented that as of on or about January 1,2008, it will cease
21 operations. As such injunctive relief will not be necessary upon the conclusion of Defendant's
22
23 cessation of operations. Accordingly, if Defendant ceases operations, then the Decree will

24 terminate concurrently with date of cessation of operations and the payment of the settlement

25 amounts. If Defendant continues to exist, then this Decree shall remain in effect for two (2)
26
years after the Effective Date.
27

28

-4-
EEOC v. Walker Wood Products. Case No. '05 CV 1880 WQH (LSP) and 06CV 2335 BEN (NLS)

1

C. Nothing contained herein is intended to impose any liability or obligation upon any

2 purchaser of the assets of Walker Wood or upon the officers, directors and shareholders of Walker

3 Wood. The obligations of Walker Wood contained herein are specifically limited to Walker Wood
4 Products, Inc.
5

6

VI.

7

MODIFICATION AND SEVERABILITY

8

A. This Decree constitutes the complete understanding of the parties with respect to

9 the matters contained herein. No waiver, modification or amendment of any provision of this
10

Decree will be effective unless made in writing and signed by an authorized representative of 11

12 each of the parties.

13

B. If one or more provisions of the Decree are rendered unlawful or unenforceable,

14 the parties shall make good faith efforts to agree upon appropriate amendments to this Decree in
15 order to effectuate the purposes of the Decree. In any event, the remaining provisions will
16
17 remain in full force and effect unless the purposes of the Decree cannot, despite the parties' best

18 efforts, be achieved.

19

C. By mutual agreement of the parties, this Decree may be amended or modified in the

20
interests ofjustice and fairness in order to effectuate the provisions of this Decree. 21
VII.
22

23

COMPLIANCE AND DISPUTE RESOLUTION

24

A. The parties expressly agree that if the Commission has reason to believe that

25 Walker Wood has failed to comply with any provision of this Consent Decree, the Commission
26 may bring an action before this Court to enforce the Decree. Prior to initiating such action, the
27
28 Commission will notify Walker Wood and its legal counsel of record, in writing, of the nature of

-5-
EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

the dispute. This notice shall specify the particular provision(s) that the Commission believes

2 Walker Wood has breached. Absent a showing by either Party that the delay will cause

3 irreparable harm, Walker Wood shall have thirty (30) days to attempt to resolve or cure the
4 breach.
5

6

B. The Parties agree to cooperate with each other and use their best efforts to resolve

7 any dispute referenced in a notice given pursuant to the preceding section.

8

C. After thirty (30) days have passed with no resolution or agreement to extend the

9 time further, the Commission may petition this Court for resolution of the dispute, seeking all
10
available relief including an extension of the term of the Decree for such period of time as Walker 11

12 Wood is shown to be in breach of the Decree and the Commission's costs and attorneys' fees

13 incurred in securing compliance with the Decree.

14

VIII.

15
MONETARY RELIEF 16

17

A. In settlement of this lawsuit, Walker Wood shall pay a total of $50,000 for resolution

18 of both Actions. EEOC has the sole discretion in determining the allocation of monetary amounts to

19 the Charging Parties and Claimant. Upon entry of this Decree, the EEOC shall provide in writing to
20
Walker Wood the specific monetary distribution that is to be provided to the Charging Parties and 21
Claimant and their respective addresses to where the checks should be delivered (the "Distribution 22
23 List"). Walker Wood shall forward, via certified mail, checks to Charging Party Venegas, Charging

24 Party Hernandez and identified class member Josefina Romero within thirty (30) days after receipt

25 of the Distribution List. Walker Wood shall prepare and distribute 1099 tax reporting forms to
26 Charging Parties Venegas and Hernandez and Josefina Romero, and shall make appropriate reports
27
28 to the Internal Revenue Service and other tax authorities.

-6-
EEOC v. Walker Wood Products. Case No. '05 CV 1880 WQH (LSP) and 06CV 2335 BEN (NLS)

1

B. Wthin three (3) business days of the mailing of each and every settlement check,

2 Walker Wood shall submit a copy of each check and related correspondence, if any, to the Regional

3 Attorney, Anna Y. Park, V.S. Equal Employment Opportunity Commission, 255 East Temple

4

Street, 4th Floor, Los Angeles, CA. 90012. 5

6

IX.

7

VICTIM SPECIFIC INJUNCTIVE RELIEF

8

A. Walker Wood agrees that Mr. Hernandez's termination shall be converted to a

9 voluntary resignation retroactive to the date of Hernandez's termination.

10

11

B. If Walker Wood continues operations and remains in existence, then it agrees that it

12 will only provide neutral references for Jose Hernandez to prospective employers, and will indicate

13 that it is Walker Wood's policy only to give a neutral reference.

14

X.

15
GENERAL INJUNCTIVE RELIEF 16

17

A. Non-Discrimination

18

1. Walker Wood hereby agrees for as long as it remains in existence and continues

19 operations to comply with the provisions of Title VII of the Civil Rights Act of 1964, as
20 amended, 42 V.S.C.A. §2000e-2 and §2000e-3, including not to: (a) discriminate against persons
21 on the basis of sex in the terms and conditions of employment; (b) engage in or be a party to any
22
23 action, policy or practice that is intended or is known to them to have the effect of harassing or

24 intimidating any employee on the basis of sex; and (c) create, facilitate or permit the existence of

25 a work environment that is hostile to female employees.
26 2. Retaliation Walker Wood hereby agrees for as long as it remains in existence and
27
28 continues operations not to engage in, implement or permit any action, policy or practice with

-7-
EEOC v. Walker Wood Products. Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

1 the purpose of retaliating against any current or former employee or applicant of Walker Wood,

2 or either of them, because he or she has in the past, or during the term of this Decree: (a) opposed
3 any practice made unlawful under Title VII; (b) filed a charge of discrimination alleging such
4
practice; (c) testified or participated in any manner in any investigation (including without 5
6 limitation, any internal investigation undertaken by Walker Wood), proceeding in connection

7 with this case and/or relating to any claim of a Title VII violation; (d) was identified as a possible

8 witness or claimant in this action; (e) asserted any rights under this Decree; or (1) sought and/or

9 received any relief in accordance with this Decree.
10
B. Equal Employment Opportunity Consultant
11

12

1. Within thirty days after the Effective Date, if Walker Wood remains in existence

13 and continues operations, Walker Wood shall retain an outside Equal Employment Opportunity

14 Consultant ("Consultant") with experience in the area of employment discrimination and sexual 15
harassment issues, to implement and monitor Walker Wood's compliance with Title VII and the 16
17 provisions of this Decree. The Consultant shall be subject to the Commission's approval, which

18 shall not be unreasonably withheld. The Commission hereby approves the selection of TOC

19 Management Services, in the event that it is selected by Walker Wood as its Consultant. If the
20
Commission does not approve Walker Wood's proposed Consultant, the Commission shall 21
provide Walker Wood with a list of at least three suggested candidates acceptable to the
22
23 Commission. Walker Wood shall bear all costs associated with the selection and retention of the

24 Consultant and the performance of hislher/its duties.

25

26 C. Revision of Policies Concerning Discrimination and Harassment
27

28

-8-
EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

1

With the assistance of the Consultant, Walker Wood, if it remains in existence and

2 continues operations, shall revise its policy on discrimination and sexual harassment, if

3
necessary, and provide a copy to the Commission within sixty (60) days after the Effective Date. 4
The revised policy shall include: 5

6

1. A clear explanation of prohibited conduct;

7

2. Assurance that employees who make complaints of harassment/discrimination or

8 provide information related to such complaints will be protected against retaliation;
9 3. A clearly described complaint process that provides accessible and confidential
10
11 avenues of complaint with contact information including name (if applicable), address, and

12 telephone number of persons both internal (i.e. human resources) and external to Walker Wood

13 (Le. Commission and outside Consultant available to handle complaints concerning high level
14 company officials of Defendant's corporate hierarchy) to whom employees may report
15 discrimination and retaliation, including a written statement that the employee may report the
16
17 discriminatory behavior to designated persons outside their chain of management;

18

4. Assurance that the employer will protect the confidentiality of

19 harassment/discrimination complaints to the extent possible;

20
5. A complaint process that provides a prompt, thorough, and impartial 21
investigation;
22

23

6. A procedure for communicating with the complainant

24 regarding the status of the complaint/investigation, results of the investigation, and any remedial

25 action taken; and
26 7. Assurance that Walker Wood will take immediate and appropriate corrective
27
28 action when it determines that harassment/discrimination and/or retaliation has occurred.

-9-
EEOC v. Walker Wood Products. Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

This revised policy shall, if Walker Wood remains in existence and continues operations

2 and within thirty (30) days' following the Commission's approval, be distributed in English and
3 Spanish to all of WalkeriWood's employees (including management/supervisory staff and hourly
4 employees), and shall be included in any relevant policy or employee manuals distributed to
5
6 employees by Walker Wood. Walker Wood shall collect acknowledgments from each employee

7 who receives the revised policy, in either English or Spanish depending on the language

8 preference of each employee. Throughout the term of this Decree, Walker Wood shall make
9 accessible and post the revised policy, in English and Spanish, in a place that is conspicuous and
10 11 accessible to all employees at each of its locations covered by this Decree in a legible font that is
12 a minimum of 15 points in size.

13

D. Training

14 If it remains in existence and continues operations, all of Walker Wood's
15 managerial/supervisory and stafflhourly employees shall be required to attend a training program
16
17 of at least two (2) hours for managerial and stafflhourly employees. The training shall be

18 mandatory and for as long as Walker Wood remains in existence or continues operations and will

19 occur once every two years for the term of this Decree.
20 Training for non-managerial staff and/or hourly employees shall conducted in Spanish,
21 and in English on an annual basis, for as long as Walker Wood remains in existence or continues
22
23 operations.

24

1. All employees' training shall include coverage of the subjects of equal

25 employment opportunity rights and responsibilities, racial discrimination! harassment,
26
sex/gender discrimination, retaliation, and Walker Wood's revised policies and procedures for 27
28 reporting and handling complaints of discrimination, harassment and retaliation.

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EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

1

2. The training of managerial employees shall additionally include training on how

2 to properly handle and investigate complaints of discrimination and/or harassment in a neutral

3 manner, how to take preventive and corrective measures against discrimination and/or
4
retaliation, and how to recognize and prevent discrimination and/or retaliation. 5

6

3. For the remainder of the term of this Decree, all new employees and all

7 employees recently promoted from a stafflhourly to a managerial position shall receive the

8 managerial or staff/hourly employee training, as appropriate, within thirty (30) days of hire or

9 promotion.
10

11

4. All employees required to attend such training shall verify their attendance in

12 writing.

13

Within forty-five (45) days after the Effective Date or thirty (30) days after hiring the

14 Consultant, whichever is later, for as long as it remains in existence or continues operations,
15 Walker Wood shall submit to the EEOC a description ofthe training to be provided and an
16
17 outline of the curriculum developed for the trainees. Walker Wood shall give the EEOC a

18 minimum often (10) business days' advance written notice of the date, time and location of each

19 training program provided pursuant to this Decree, and agrees that an EEOC representative may

20
attend any such training program.

21

22

E. Performance Evaluations

23 For as long as it remains in existence and continues operations, Defendant shall hold its

24 managers, supervisors, and human resources personnel accountable for engaging in disability

25 discrimination, or for failing to comply with Defendant's disability discrimination and anti-
26
retaliation policies and procedures in such supervisory employee's annual performance 27
28 evaluation.

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EEOC v. Walker Wood Products. Case No. '05 CV 1880 WQH (LSP) and 06CV 2335 BEN (NLS)

1

x.

2

RECORD KEEPING AND REPORTING

3 A. Record Keeping
4 For as long as it remains to exist and continues its operations, Walker Wood shall work
5

6 with the Consultant to establish a record-keeping procedure that provides for the centralized

7 tracking of discrimination complaints and the monitoring of such complaints to prevent

8 retaliation. The records to be maintained shall include:
9 1. All documents generated in connection with any complaint, investigation into, or
10 resolution of every complaint of discrimination or retaliation for the duration of the Decree and
11
12 the identities of the parties involved;

13

2. All forms acknowledging employees' receipt of Walker Wood's revised anti-

14 discrimination and anti-retaliation policy; and
15 3. All documents verifying the occurrence of all training sessions and names and
16
17 positions of all attendees for each session as required under this Decree.

18

For as long as it remains to exist and continues its operations, Walker Wood shall make

19 the aforementioned records available to the EEOC for inspection within ten (10) business days

20 following a written request by the EEOC.

21

22

B. Reporting

23

In addition to the notices to the EEOC specified above, Walker Wood shall provide the

24 following reports to the EEOC in writing, by mail or facsimile:

25

1. Within ninety (90) days after the Effective Date, for as long as it remains in

26
existence and continues operations, Walker Wood shall submit to the EEOC an initial report
27

28 which contains:

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EEOC v. Walker Wood Products. - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

(a) A copy of the revised discrimination and anti-retaliation policy;

2

(b) A summary of the procedures and record-keeping methods

3 developed with the Consultant for centralized tracking of discrimination
4 complaints and the monitoring of such complaints;
5

6

(c) A statement confirming that the required notices pertaining to this

7

Decree and the revised discrimination and anti-retaliation policies have

8

been posted; and

9 (d) A statement confirming all employee acknowledgment forms
10

11

indicating receipt ofthe revised discrimination and anti-retaliation policy

12

have been obtained.

13

2. Walker Wood shall also provide the following reports semiannually throughout

14
the term ofthis Decree:

15
(a) The attendance lists of all attendees for all training sessions 16

17

required under this Decree that took place during the previous six

18

months;

19

(b) Acknowledgments of receipt of the revised discrimination and

20 harassment policy for all employees hired during the previous six
21 months; and
22

23

(c) A description of all discrimination and/or retaliation complaints

24

made since the submission of the immediately preceding report

25

hereunder. This description shall include the names of the individuals

26
alleging harassment or retaliation, the nature of the harassment or 27

28

retaliation, the names ofthe alleged perpetrators of harassment or

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1

retaliation, the dates of the alleged harassment or retaliation, a brief

2

summary of how each complaint was resolved, and the identity of the

3 person(s) who investigated or resolved each complaint. Ifno results have
4 been reached as of the time of the report, the result shall be included in
5

6

the next report.

7

3. For as long as it remains to exist and continues its operations, Walker Wood shall

8 provide a report to the EEOC detailing any changes of the procedures or record-keeping methods
9 for centralized tracking of discrimination complaints and the monitoring of such complaints
10
within thirty (30) days after implementing such changes. 11

12

4. For as long as it remains to exist and continues its operations, Walker Wood shall

13 provide a report to the EEOC detailing any disputes relating to the claimant or charging parties

14 that remain employed with the Walker Wood, including the nature of the dispute relating to the

15
issues that involve Title VII and the resolution. 16

17

XII.

18

COSTS OF ADMINISTRATION AND IMPLEMENTATION

19

OF CONSENT DECREE

20 Walker Wood shall bear all costs associated with its administration and implementation of
21
its obligations under this Decree. 22

23

24

25

XIII.

26
COST AND ATTORNEYS' FEES 27

28

Each Party shall bear its own costs of suit and attorneys' fees.

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1

XIV.

2

MISCELLANEOUS PROVISIONS

3 A. During the term of this Consent Decree, Walker Wood shall assure that each of its
4 officers, managers and supervisors is aware of any term(s) of this Decree which may be related
5

6 to hislher job duties.

7

B. Unless otherwise stated, all notices, reports and correspondence

8 required under this Decree shall be delivered to the attention of the Regional Attorney, Anna Y.
9 Park, U.S. Equal Employment Opportunity Commission, Los Angeles District Office, 255 E.
10
11 Temple St., 4th FL, Los Angeles, CA. 90012.

12

C. The parties agree to entry of this Decree and judgment subject to final approva] by

13 the Court.

14

D. All parties, through the undersigned, respectfully apply for and consent to the entry

15
ofthis Consent Decree Order. 16

17

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

18

/ 1&-9 19

Date: 20

rj

,2008

21

22

WALKER WOOD PRODUCTS, INC

23

24 Date: January 25,2008 25
26
27 28

By:

sl Bob Calcagni, Vice-President

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Case No. '05 CY 1880 - WQH

BEN (NLS)

APPROVED AS TO FORM:

2

3 Date:
4

5

6

7

8 ,':,'::lnua.rcr -~ate: Jaruary 25

,2008

10 11 12 13 14 15 16 17 18 19 20 21
22
23 24 25
26 27
28

~-) ~~
Anna YPark Connie Liem Attorneys for Plaintiff
By: s/Ja.rres A. Testa James A. Testa TESTA & ASSOCIATES, LLP Attorney for Defendant Email: info@testalaw.com

-16-
EEOC v, Walker Wood Products, - Case No. '05 CV 1880 - WQH (LSP) and 06CV 2335 BEN (NLS)

PROOF OF SERVICE

1

VIA ELECTRONIC FILING SYSTEM

2

3

I am, and was at the time the herein mentioned mailing took place, a citize

4 of the United States, over the age of eighteen (18) years and not a party to th

5 above-entitled cause.

6

I am employed in the Legal Unit of the Los Angeles District Office of th

7 United States Equal Employment Opportunity Commission.

8

My business address is Equal Employment Opportunity Commission, Lo

9 Angeles District Office, 255 East Temple Street, Fourth Floor, Los Angeles, C

10 90012.

11

On the date that this declaration was executed, as shown below, I served th

12 foregoing: CONSENT DECREE and ORDER RE: CONSENT DECREE

13 via the Case ManagementlElectronic Case Filing (CMlECF) system at

14 Angeles, County of Los Angeles, California to:

15

James A. Testa, SBN 64660

16

Testa & Associates, LLP

17

570 Rancheros Drive, Ste. 250

18

San Marcos, CA 92069

info@testalaw.com

19

20

I declare under penalty of perjury that the foregoing is true and correct.

21 Executed on January 25,2008, at Los Angeles, California.

22

23 24

\:Jkt~\~~\b

25

Tracy M. Villemarette EEOC Paralegal

26

27

28

-1-

 
 CM/ECF - casd - Docket Report

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CLOSED, PROTO
U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:05-cv-01880-WQH-LSP

US Equal Employment v. Walker Wood Assigned to: Judge William Q. Hayes Referred to: Magistrate Judge Leo S. Papas Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff U.S. Equal Employment Opportunity Commission
V. Defendant Walker Wood Products

Date Filed: 09/30/2005 Date Terminated: 01/29/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Anna Y Park US Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 (213)894-1076 Fax: (213)894-1301 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter F Laura Equal Employment Opportunity Commission 255 East Temple Street Suite 400 Los Angeles, CA 90012-3334 (213)894-1083 Fax: (213)894-1301 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James A Testa Testa and Associates 570 Rancheros Drive Suite 250 San Marcos, CA 92069 (760)891-0490 Fax: (760)891-0495

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Email: info@testalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 12/14/2005 12/19/2005 01/31/2006 02/09/2006
03/27/2006 03/28/2006 03/29/2006
05/30/2006 08/15/2006 09/21/2006 10/19/2006

#

Docket Text

1 Complaint Filed; (referred to Magistrate Judge Leo S. Papas ) Receipt No/Amt of Fee: waived. (dkt clerk) (Entered: 09/30/2005)
2 Notice of Party with Financial Interest by US Equal Employment (dkt clerk) (Entered: 09/30/2005)
3 Answer to cmp by defendant Walker Wood; jury demand (ksr) (Entered: 12/15/2005)
4 Notice and Order by Magistrate Judge Adler for Magistrate Judge Leo S. Papas, E.N.E. Conference set for 9:00 2/6/06 before Mag Judge Leo Papas (bar) (Entered: 12/19/2005)
5 Order by Magistrate Judge Leo S. Papas: E.N.E. Conference vacated and reset to 2:00 2/6/06 before Mag Judge Leo Papas (dkt clerk) (Entered: 02/01/2006)
6 Order Following ENE Conference, Setting Rule 26 Compliance and Notice of Case Management Conference by Magistrate Judge Leo S. Papas: E.N.E. Conference held 2:00 2/6/06; Case Management Conf set for 8:30 3/29/06 before Mag Judge Leo Papas; Settlement Conf set for 2:00 6/1/06 before Judge Leo Papas (dkt clerk) (Entered: 02/09/2006)
7 Notice by plaintiff US Equal Employment and defendant Walker Wood of filing joint report of early meeting of cnsl pursuant to FRCP Rule 26 (dkt clerk) (Entered: 03/28/2006)
8 Minutes: Enter Order by Magistrate Judge Leo S. Papas: Case Management Conf set for 8:30 3/29/06 is vacated ; Court Reporter: N/A (dkt clerk) (Entered: 03/29/2006)
9 Case Management Conf Order by Magistrate Judge Leo S. Papas; Pretrial conf set for 11:00 6/11/07 before Judge William Q. Hayes ; memo of contentions of fact and law on or before 5/21/07; proposed pretrial conf order on or before 6/4/07 (bar) (Entered: 03/30/2006)
10 Order by Magistrate Judge Leo S. Papas; Settlement conf vacated and reset to 9:00 8/25/06 before Mag Judge Leo Papas (gac) (Entered: 06/01/2006)
11 Order by Magistrate Judge Leo S. Papas Settlement conf vacated and reset for 9:00 10/6/06 before Mag Judge Leo Papas (gac) (Entered: 08/21/2006)
12 Minute Entry for proceedings held before Judge Leo S. Papas: Settlement Conference on 10/6/06 vacated and reset for 12/5/2006 09:00 AM in Courtroom G. (kxb) (Entered: 09/21/2006)
13 ORDER to extend expert discovery due dates. Signed by Judge Leo S. Papas on 10/17/06. (gac) (Entered: 10/19/2006)

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11/30/2006 01/31/2007 02/16/2007 05/04/2007 05/04/2007
05/11/2007 05/11/2007
06/01/2007 06/05/2007 06/06/2007

14 ORDER Settlement Conference reset for 1/30/2007 02:00 PM in Courtroom G before Magistrate Judge Leo S. Papas. Signed by Judge Leo S. Papas on 11/30/06. (gac) (Entered: 11/30/2006)
15 SCHEDULING ORDER: Final Pretrial Conference set for 9/10/2007 11:00 AM before Judge William Q. Hayes. Memo of Content of Facts and Law due by 8/20/2007. Motions due by 5/11/2007. Proposed Pretrial Order due by 9/4/2007.. Signed by Judge Leo S. Papas on 01/31/07. (gac) (Entered: 01/31/2007)
16 ORDER: 4/12/2007 Settlement Conference VACATED; Settlement Conference now set for 5/4/2007 at 09:00 AM in chambers of Magistrate Judge Leo S. Papas. Signed by Magistrate Judge Leo S. Papas on 2/16/2007. (mdc)(bar, ). (Entered: 02/16/2007)
Minute Entry for proceedings held before Judge Leo S. Papas : Settlement Conference held on 5/4/2007. (kxb) (Entered: 05/04/2007)
17 MINUTE ORDER: Settlement Conference held 5/4/07. The Case Management Conference Order is AMENDED as follows: The Final Pretrial Conference before Judge William Q. Hayes on 9/10/07 at 11:00 AM is VACATED and RESET for 11/13/07 at 11:00 AM; The deadline for the parties' memorandum of fact and law is CONTINUED to 10/23/07; The deadline for the Proposed Pretrial Order is CONTINUED to 11/6/07. All other case management dates remain unchanged. In addition, a telephonic Settlement Conference will be held on 6/14/07 at 09:00 AM with Plaintiff's counsel. A Settlement Conference will all parties will be held on 7/24/07 at 02:00 PM. Signed by Magistrate Judge Leo S. Papas on 5/4/07. (mdc)(bar, ). (Entered: 05/04/2007)
18 REFILED AS 19 - MOTION for Summary Adjudication Motion for Partial Summary Judgment by U.S. Equal Employment Opportunity Commission. (Laura, Peter) Modified on 5/14/07 to add note re refiling. (mdc) (Entered: 05/11/2007)
19 WITHDRAWN PER 11/5/07 ORDER (44) - MOTION for Summary Adjudication Motion for Partial Summary Judgment by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Memo of Points and Authorities # 2 Declaration of Peter Laura# 3 Exhibit to Declaration of Peter Laura# 4 Declaration of Michael Robbins# 5 Statement of Facts)(Laura, Peter) Modified on 11/6/07 to indicate withdrawn status. (mdc) (Entered: 05/11/2007)
20 MINUTE ORDER: Pursuant to the parties' agreement during the Settlement Conference on 5/4/07, the Court sua sponte orders a protective order. Signed by Magistrate Judge Leo S. Papas on 6/1/07. (mdc)(bar, ). (Entered: 06/04/2007)
21 Joint MOTION to Continue Hearing on Pl.'s MSJ by Walker Wood Products. (Testa, James) (Entered: 06/05/2007)
22 MINUTE ORDER: On June 5, 2007, the parties filed a joint motion to continue the hearing on Plaintiff's motion for summary judgment. Good cause appearing, the 21 Joint Motion to Continue is GRANTED. The hearing on Plaintiff's motion for partial summary judgment is hereby continued to August 27, 2007 at 11:00 AM . Signed by Judge William Q. Hayes on 6/06/2007. (sxd) (Entered: 06/08/2007)

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06/11/2007 06/11/2007 06/11/2007 06/11/2007
06/12/2007 06/14/2007 06/19/2007
06/20/2007 07/03/2007 07/09/2007 07/11/2007 07/16/2007 08/09/2007

23 EX PARTE MOTION - Filed as NOTICE by Walker Wood Products ExParte Application (Testa, James) Modified on 6/14/07 - Per chambers, no need to refile. (mdc) (Entered: 06/11/2007)
24 DECLARATION re 23 Notice (Other) Dec of James A Testa In Support of Ex Parte App by Defendant Walker Wood Products. (Testa, James) (Entered: 06/11/2007)
25 DOCUMENT STRICKEN PER 6/11/07 ORDER (27). Modified on 6/12/07 to strike document. (mdc) (Entered: 06/11/2007)
27 Discrepancy Order by Magistrate Judge Leo S. Papas rejecting document 25: Order Granting Ex Parte Application from Defendant Walker Wood Products; non-compliance with ECF Sections 2(h) and 2(a), (g). It is ordered that the Clerk strike the document from the record. Signed by Magistrate Judge Leo S. Papas on 6/11/07. (mdc) Modified on 6/12/07 to add note re striking document. (mdc) (bar, ). (Entered: 06/12/2007)
26 RESPONSE in Opposition re 25 MOTION for Order Granting ExParte App filed by U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 06/12/2007)
28 Minute Entry for proceedings held before Judge Leo S. Papas: Telephonic Settlement Conference held on 6/14/2007.(kxb) (Entered: 06/14/2007)
29 MINUTE ORDER: A hearing re: Defendant's ex parte application (23) will be held on 6/21/07 at 11:00 AM. Counsel may participate telephonically. Counsel shall provide the Court with contact information for conference call participants by 6/20/07. Signed by Magistrate Judge Leo S. Papas on 6/19/07. (mdc)(bar, ). (Entered: 06/19/2007)
30 MINUTE ORDER: The date and time of the hearing regarding Defendant's ex parte application on 6/21/07 at 11:00 AM is vacated. Signed by Magistrate Judge Leo S. Papas on 6/20/07. (mdc)(bar, ). (Entered: 06/21/2007)
31 REFILED AS 32 - Joint MOTION for Protective Order by U.S. Equal Employment Opportunity Commission. (Laura, Peter) Modified on 7/11/07 to indicate refiling status. (mdc) (Entered: 07/03/2007)
32 Joint MOTION for Protective Order Regarding Documents Produced in Aid of Settlement Negotiations by U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 07/09/2007)
33 MINUTE ORDER: The parties' Joint Motion for Protective Order Regarding Documents Produced in Aid of Settlement Negotiations (32) is granted. The parties shall be bound by the terms of the stipulation set forth therein. Signed by Magistrate Judge Leo S. Papas on 7/11/07. (mdc)(bar ). (Entered: 07/11/2007)
34 Minute Entry for proceedings held before Judge Leo S. Papas: The date and time of the Settlement Conference on July 24, 2007, at 2 p.m. is vacated. (kxb) (Entered: 07/16/2007)
35 Joint MOTION to Continue Plaintiffs' Partial Motion for Summary Judgment by Walker Wood Products. (Testa, James) (Entered: 08/09/2007)

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08/13/2007 10/05/2007
10/15/2007 10/15/2007
10/19/2007 10/30/2007 11/01/2007 11/01/2007 11/05/2007

36 ORDER granting 35Joint Motion to Continue Hearing on Plaintiff's Motion for Partial Summary Judgment. It is ordered that the hearing presently set for 8/27/07 at 11:00 AM is hereby continued to 10/22/07 at 1:00 AM. Signed by Judge William Q. Hayes on 8/10/07. (aje) (Entered: 08/13/2007)
37 RESPONSE in Opposition re 18 MOTION for Summary Adjudication Motion for Partial Summary Judgment, 19 MOTION for Summary Adjudication Motion for Partial Summary Judgment filed by Walker Wood Products. (Attachments: # 1 Declaration of Gregory J. Testa In Support of Defendant's Opposition to Motion for Partial Summary Judgment# 2 Statement of Facts Defendant's Response to Plaintiff's Statement of Uncontroverted Facts and Conclusions of Law# 3 Objections to Declaration of Expert and Expert Rebuttal Witness Michael A. Robbins, Esq.# 4 Declaration of Linda Zappe Flynn In Support of Defendant's Opposition to Motion for Partial Summary Judgment)(Testa, James) Modified on 10/9/07 to edit attachment descriptions. (mdc) (Entered: 10/05/2007)
38 REPLY to Response to Motion re 19 MOTION for Summary Adjudication Motion for Partial Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Declarations of Amaila Venegas and Josephina Romero# 2 Exhibit A)(Laura, Peter) Modified on 10/18/07 to remove duplicative text. (mdc) (Entered: 10/15/2007)
39 RESPONSE in Opposition re 19 MOTION for Summary Adjudication Motion for Partial Summary Judgment Plaintiff's Objections To The Notice Of Lodgment [sic] And Declaration Of Linda Zappe Flynn Submitted By Defendant In Support Of Its Opposition To Motion For Partial Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Laura, Peter) Modified on 10/18/07 to remove extra uppercase letters in text. (mdc) (Entered: 10/15/2007)
40 Joint MOTION for Extension of Time to File pretrial documents by U.S. Equal Employment Opportunity Commission. (Laura, Peter) (jpp, ). Modified on 10/29/07 - Deft atty to file Notice of Appearance. (mdc) (Entered: 10/19/2007)
41 NOTICE of Hearing:Telephonic Status Conference is set for 11/1/2007 11:30 AM in Courtroom 4 before Judge William Q. Hayes. (sxd) (Entered: 10/30/2007)
42 Minute Entry for proceedings held before Judge William Q. Hayes : Telephonic Status Conference held on 11/1/2007.(Court Reporter Mauralee Ramirez).(Plaintiff Attorney Peter Laura).(Defendant Attorney James Testa). (sxd) (Entered: 11/01/2007)
43 MOTION to Withdraw Plaintiff EEOC's Motion to Withdraw Its Motion for Partial Summary Judgment by U.S. Equal Employment Opportunity Commission. (Laura, Peter) Modified on 11/5/07 - This filing is acceptable as is, per chambers. (mdc) (Entered: 11/01/2007)
44 ORDER Granting Motion To Withdraw Motion For Partial Summary Judgment, And Granting Joint Motion To Continue Pretrial Dates And Deadlines: Plaintiff's motion to withdraw (43) the motion for partial summary judgment (19) is granted without prejudice. The joint motion to continue the pretrial dates (40) is granted. The currently scheduled pretrial dates and deadlines reflected in 17 are vacated. The deadline for submission of the parties' memorandum of fact and law is 1/7/08. The deadline for the parties to lodge the proposed pretrial order is 1/21/08. The

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12/20/2007 12/20/2007 01/02/2008
01/25/2008 01/29/2008

date and time of the Final Pretrial Conference is 1/28/08 at 11:00 AM. Signed by Judge William Q. Hayes on 11/5/07. (mdc) (Entered: 11/06/2007)
45 NOTICE by Walker Wood Products Notice of Unavailability of Counsel (Testa, James) (mdc) (Entered: 12/20/2007)
46 WITHDRAWN PER 47,DUPLICATE FILING RE 45 - NOTICE by Walker Wood Products Notice of Unavailability of Counsel (Testa, James) Modified on 1/2/08 to edit document title. (mdc) (Entered: 12/20/2007)
47 NOTICE by Walker Wood Products NTC Of Withdrawal Of Filing Of Unavailability Of Counsel (Testa, James) Modified on 1/2/08 - Removed unnecessary uppercase letters; corrected misspelling by filer. (mdc) (Entered: 01/02/2008)
48 NOTICE OF SETTLEMENT - Filed as Joint MOTION for Settlement by U.S. Equal Employment Opportunity Commission. (Park, Anna) Modified on 1/25/08 to correct document title. (mdc) (Entered: 01/25/2008)
49 ORDER Re: Consent Decree. On 1/25/08, the parties filed a Consent Decree in the record of this case 48. The provisions of this Consent Decree are hereby approved and compliance with all provisions of this Consent Decree is hereby ordered. Signed by Judge William Q. Hayes on 1/29/08. (lao) (av1, ). (Entered: 01/30/2008)

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