IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN MANANA ISLANDS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CASE NO. CV-04-0028-ARM

v.

I ORDER QUASHING SUBPOENA

MICRO PACIFIC DEVELOPMENT, INC., d/b/a Saipan Grand Hotel,

Defendant.
I
This matter is before the Court on the motion by the plaintiff, Equal Employment Opportunity

Commission ("EEOC"), to quash a subpoena duces tecum served on Vincente Torres. Upon

consideration of the memoranda of the parties, the arguments of counsel and the applicable law, the

Court grants the EEOC's motion and will quash the subpoena.

A.

The EEOC filed this public enforcement lawsuit based on allegations that defendant Micro

Pacific Development Bank d/b/a Saipan Grand Hotel subjected Julieta Torres and a group of similarly

situatedwomen to a sexuallyhostile work environment. On July 8,2005, defendant served deposition

subpoenas on Vincente Torres and Renen Ansus', respectively, Ms. Torres7husband and adult son.

The subpoena to Vincente Torres demanded the following documents be produced at his

deposition:

1 In defendant's opposition to the EEOC's motion to quash, defendant stated that it withdrew the subpoena served on Renen Ansus. Therefore, the Court will not analyze the EEOC's motion to quash as it relates to Mr. Ansus.

1. Any and all documents or applications you signed or submitted to the U.S. Citizenship and Immigration services (formerly US INS) to change the citizenship or residency status of Julieta Torres.
2. Any and all documents or applications you signed or submitted to the CNMI government to change the status of Julieta Torres to immediate relative status, including but not limited to, new and renewal applications.
3. Any and all loan applications, pay check allotments, and credit applications that evidence your debts and obligations of over $500.00 entered into by you between January, 1999 and the present.
On July 21, 2005, the EEOC filed the instant motion to quash the subpoena duces tecum
;ewed Vincente Torres. Defendant filed its brief in opposition on August 4,2005. The EEOC filed ireply on August 18,2005.
B. The EEOC advances this motion on the grounds that the information sought by the subpoenas ISirrelevant to the claims and defenses present in the case and is not reasonably calculated to lead to
admissible evidence. As such, the EEOC argues that subpoenas should be quashed by the Court.
A Court shall quash a subpoena if it requires disclosure of privileged or other protected matter 3r if the subpoena subjects the person to an undue burden. Fed.R.Civ.P. 45(3)(A)(iii)-(iv). Fed.R.Civ.P.26(b) states that "parties may obtain discoveryregarding anymatter, not privileged, that is relevant to the claim or defense of any party." Relevant information need not be admissible at the
trial if discovery appears reasonably calculated to lead to the discovery of admissible evidence. Id. The Court finds that the documents that defendant seeks from Vincente Torres regarding
Julieta Torres' immigration status (requestsnumber 1.and 2.) are irrelevant. Defendant contends that the documents submitted for immigration purposes could contain perjurous statements that could be used at trial to call into question Julieta Torres' honesty. Even if Julieta Torres provided false
information, Julieta Torres' immigration status and whether she provided accurate answers on her immigration papers does not have a direct bearing or appear reasonably calculated to lead to evidence on whether defendant sexuallyharassed Julieta Torres. At most, discovery of these documentswould lead only to evidence as to Ms. Torres' general honesty. In addition to being irrelevant, the Court also

believes that permitting defendant to request documents regarding a charging party's immigration status would have a "chilling effect" on the pursuit of this case as well as cause second thoughts to any other non-resident deciding whether to pursue a hture Title VII case. See Rivera v. Nibco, Inc., 364 F.3d 1057, 1064-65 (9th Cir. 2004). For these reasons, the Court will quash defendant's request for documents regarding Julieta Torres' immigration status and application.
The Court will also quash defendant's request for documents relating to the Torres' finances. Like defendant's request for documents relating to Julieta Torres' immigration status, documents relating to the Torres' financial condition and the evidence that could be gleaned from them are too attenuated to have any direct bearing on the claims or defenses advanced in this case. As with the immigration papers, discovery of these documents could at most lead only to evidence as to Ms. Torres' general honesty. The Court notes that question regarding Julieta Torres' motivation for filing this suit can be handled on cross-examination. For these reasons, the Court will grant the EEOC's motion.
D. For the foregoingreasons, it is ORDERED that the motion to quash the subpoenaducestecum served on Vincent Torres is GRANTED. Accordingly, it is ORDERED that the subpoena duces
w tecum dated July 8,2005, and served on Vincente Torres, is hereby quashed.
DATED this 26 day of August, 2005
Chief Judge, United States District Court

 
 -

1

WILLIAM R. TAMAYO - #OS4965 (CA) DAVID F. OFFEN-BROWN - #063321 (CA)

2

LINDA ORDONIO-DIXON - #172830 (CA)

3

WILFRED0 TUNGOL - #2550 (HI)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

FILE9
CiGi;i
Districr C;uLci
:)E.-> Lc!, 3:-&-.Q"

4 San Francisco District Office 350 The Embarcadero, Suite 500
5 San Francisco, CA 94105-1260

For The Northern Mwi&fi?, i:i212' J

BY

--

_-

(UeputjC i a i

6

Telephone No. (415) 625-5654

Fax No. (415) 625-5657

7

Attorneys for Plaintiff 8

9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN MANANA ISLANDS

11

12

13 EQUAL EMPLOYMENT 14 OPPORTUNITY COMMISSION,

15

Plaintiff,

V.
16

17 MICRO PACIFIC DEVELOPMENT INC. d/b/a SAIPAN GRAND HOTEL
18 and ASIA PACIFIC HOTELS INC.

19

Defendant.

20

21

)1 CIVIL ACTION NO. 04-0028
1 1

) SECOND AMENDED COMPLAINT

) 1 )

Civil Rights - Employment Discrimination

) JURY TRIAL DEMAND
)
)
1
\

22

23

NATURE OF THE ACTION

24

This is an action under Title VI1 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 to provide
26 appropriate relief to Charging Party Julieta Torres, and other similarly situated individuals who were
27

28
1
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

1 adversely affected by such practices. As alleged below, defendant, MICRO PACIFIC

2 DEVELOPMENT INC. d/b/a SAIPAN GRAND HOTEL (MPD Inc.), subjected the claimants
3 to a hostile work environment based on sex, female. Defendant ASIA PACIFIC HOTELS INC.
4 (Asia Pacific) is a successor to defendant MPD Inc.
5

6

7

JURISDICTION AND VENUE

8

1. Jurisdictionofthis Courtisinvokedpursuantto 28 U.S.C. $9451,1331,1337,1343,

9 and 1345. This action is authorized and instituted pursuant to §706(f)(1) and (3) of Title VI1 of the
10

11 Civil Rights Act of 1964, as amended (Title VII), 42 U.S.C. §2000e-5(f)(l) and (3), and 9102 of

12 the Civil Rights Act of 1991,42 U.S.C. 91981a.

13

2. The employmentpractices alleged to be unlawful were and are now being committed

14 in Saipan, Commonwealth of the Northern Mariana Islands, within the jurisdiction of the United
15 States District Court for the Northern Mariana Islands.
16

17

18

PARTIES

19

3. Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), is the agency

20 of the United States of America charged with the administration, interpretation, and enforcement of
21

22 Title VI1 and is expressly authorized to bring this action by §706(f)(1) and (3) of Title VII, 42

23 U.S.C. §2000e-5(f)( 1) and (3).

24

4. Defendant Asia Pacific is a successor to defendant MPD Inc., owns and operates the

25 Saipan Grand Hotel formerly owned and operated by Defendant MPD, and currently
26 employs at the Hotel Julieta Torres and some of the other employees on whose
27

28
2
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

-

1

behalf this lawsuit is brought.

2

5 . At all relevant times, Defendant MPD Inc. is and was a corporation doing business

3 in the Commonwealth of the Northern Mariana Islands, and has continuously had at
4 least 15 employees.
5

6

6. At all relevant times, Defendant Asia Pacific is and was a corporation doing business

7

in the Commonwealth of the Northern Mariana Islands, and has continuously had at

8

least 15 employees.

9 7. At all relevant times, Defendant MPD Inc. has continuously been an employer
10

11

engaged in an industry affecting commerce, within the meaning of §701(b), (g), and

12

(h) of Title VII, 42 U.S.C. 5 2000e(b), (g), and (h).

13

8. At all relevant times, Defendant Asia Pacific has continuously been an employer

14 engaged in an industry affecting commerce, within the meaning of §701(b), (g), and
15
(h) of Title VII, 42 U.S.C. 9 2000e(b), (g), and (h).
16

17

18

STATEMENT OF CLAIMS

19

9. More than thirty days prior to the institution of this lawsuit, Julieta Torres filed a

20 charge of discrimination with the EEOC alleging violations of Title VI1 by
21

22

Defendant MPD. All conditions precedent to the institution ofthis lawsuit have been

23

fulfilled.

24

10. Since at least November of 2001, Defendant MICRO PACIFIC DEVELOPMENT

25

INC. d/b/a SAIPAN GRAND HOTEL has engaged in unlawful practices at its

26

Saipan hotel in violation of §703(a)(1)of Title VII, 42 U.S.C. §2000e-2(a)( 1). These 27

28

SECOND AMENDED COMPLAINT

5

71VIL ACTION NO. 04-0028

1

practices, which began no later than November 2001 and continued on a regula]

2

basis, included subjecting Ms. Torres and other similarly situated individuals (the

3 harassed employees) to harassment on the basis of their sex, female, which created
4 an offensive, abusive, intimidating and hostile work environment. Ms. Torres and
5

6

others similarly situated were sexually harassed by a supervisor, assistant chief cook

7

Akira Ishikawa. The harassment included both verbal and physical acts. Mr.

8

Ishikawa made unwanted and offensive comments to the harassed employees

9 including commenting on their anatomies and asking for dates. His physical
10

11

harassment included exposing himself and groping genitals, breasts, and buttocks

12

and forcibly penetrating one employee’s vagina and rectum with his fingers.

13

11. The effect of the practices complained of in paragraph 310above has been to deprive

14

Ms. Torres and other similarly situated individuals of equal employment

15

opportunities and to otherwise adversely affect them because of their sex, female. 16

17

12. The unlawful employment practices complained of in paragraph 10 above were and

18

are intentional.

19

13. The unlawful employment practices complained of in paragraph 10above were done

20 with malice and/or reckless disregard for the federally protected rights of Ms. Torres

21

22

and other similarly situated individuals.

23

14. As MPD Inc.’s successor, Asia Pacific is liable for the discriminatory conduct of

24

MPD Inc.

25

26

27

28
4
lECOND AMENDED COMPLAINT :IVIL ACTION NO. 04-0028

1

PRAYER FOR RELIEF

2

WHEREFORE, the Commission respectfblly requests that this Court:

3

A. Grant a permanent injunction enjoining the Defendant Employers, their officers,

4

successors, assigns, and all persons in active concert or participation with them, from engaging in 5

6 harassment based on sex and any other employment practice which discriminates on the basis of sex.

7

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

8

programs which provide equal employment opportunities for their employees and which eradicate

9 the effects of their past and present unlawful employment practices.
10

11

C. Order Defendant Employers to make whole Ms. Torres and other similarly situated

12 individuals by providing compensation for past and future pecuniary losses resulting from the

13 unlawful employment practices described above, with interest, in amounts to be determined at trial.

14

D. Order Defendant Employers to make whole Ms. Torres and other similarly situated

15

individuals by providing compensation for past and future non-pecuniary losses caused by the above 16

17 unlawful conduct, including pain and suffering, emotional distress, indignity, loss of enjoyment of

18 life, loss of self-esteem, and humiliation, in amounts to be determined at trial.

19

E. Order Defendant Employers to pay Ms. Torres and other similarly situated

20 individuals punitive damages for their malicious and reckless conduct described above, in amounts
21
22 to be determined at trial.

23

F. Grant such further relief as the Court deems proper.

24

G. Award the Commission its costs in this action.

25

26

27

28
5
SECOND AMENDED COMPLAINT 3IVlL ACTION NO. 04-0028

I

1

JURY TRIAL DEMAND

2

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

3

4

Eric S. Dreiband

5

General Counsel

6

James L. Lee

Deputy General Counsel

7

8

Gwendolyn Young Reams Associate General Counsel

9

10 gate: July 29,2005 11 12

Regional Atdrney

13 14 late: July 29,2005

15

Supervisory Trial Attorney

16

17 late: July 29,2005
18
19

m n
LINDA ORDONIO-DIXON >I.1#

Senior Trial Attorney

/. --

20

Equal Employment Opportunitj

21

Commission

22

San Francisco District Office

350 The Embarcadero, Suite 500

23

San Francisco, California 94105-1260

Telephone: (415) 625-5654 24

25

26

27

28

2COND AMENDED COMPLAINT

6

IVlL ACTION NO. 04-0028

 
 - WILLIAM R. TAMAYO #084965 (CA)
DAVID F. OFFEN-BROWN - #063321 (CA)
LINDA ORDONIO-DIXON - #I72830 (CA) WILFRED0 TUNGOL - #2550 (HI)

SEP 2 0 2005

M, he NorthernMarim8lslandsmds

BY

(Deputy Clerk)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

350 The Embarcadero, Suite 500

San Francisco, CA 94105-1260

Telephone No. (415) 625-5654

Fax No. (415) 625-5657

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE NORTHERN MANANA ISLANDS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MICRO PACIFIC DEVELOPMENT INC. d/b/a SAIPAN GRAND HOTEL and ASIA PACIFIC HOTELS INC.
Defendant.

)1 CIVIL ACTION NO. 04-0028
)
1

) SECOND AMENDED COMPLAINT

) 1 1

Civil Rights - Employment Discrimination

)1 JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Charging Party Julieta Torres, and other siniilarly situated individuals who were
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

adversely affected by such practices. As alleged below, defendant, MICRO PACIFIC DEVELOPMENT INC. d/b/a SAIPAN GRAND HOTEL (MPD Inc.), subjected the claimants to a hostile work environment based on sex, female. Defendant ASIA PACIFIC HOTELS INC. (Asia Pacific) is a successor to defendant MPD Inc.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. $§451,1331,1337,1343, and 1345. This action is authorized and instituted pursuant to §706(f)(l) and (3) of Title VII of the
Civil Rights Act of 1964,as amended (Title VII), 42 U.S.C. 92000e-5(f)(l) and (3), and 4 102of the
Civil Rights Act of 1991,42 U.S.C. $1981a. 2. The employmentpractices alleged to be unlawfulwere and are now being committed
in Saipan, Commonwealth of the Northern Mariana Islands, within the jurisdiction of the United States District Court for the Northern Mariana Islands.
PARTIES 3. Plaintiff, the Equal Employment OpportunityCommission ("EEOC"), is the agency of the United States of America charged with the administration,interpretation, and enforcement of Title VII and is expresslyauthorizedto bring this actionby $706(f)(l) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(l) and (3). 4. Defendant Asia Pacific is a successorto defendantMPD Inc., owns and operatesthe
Saipan Grand Hotel formerly owned and operated by Defendant MPD, and currently employs at the Hotel Julieta Torres and some of the other employees on whose behalf
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

this lawsuit is brought. 5. At all relevant times, Defendant MPD Inc. is and was a corporation doing business
in the Commonwealthof the Northern Mariana Islands, and has continuouslyhad at least 15 employees. 6. At all relevant times, Defendant Asia Pacific is and was a corporation doing business in the Commonwealth of the Northern Mariana Islands, and has continuouslyhad at least 15 employees. 7. At all relevant times, Defendant MPD Inc. has continuously been an employer engaged in an industry affecting commerce, within the meaning of §701(b), (g), and
(h) of Title VII, 42 U.S.C. 8 2000e(b), (g), and (h).
8. At all relevant times, Defendant Asia Pacific has continuously been an employer engaged in an industry affecting commerce,within the meaning of §701(b), (g), and
(h) of Title VII, 42 U.S.C. 8 2000e(b), (g), and (h).
STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Julieta Torres filed a
chargeof discriminationwith the EEOC allegingviolations of TitleVIIby Defendant MPD. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least November of 2001, Defendant MICRO PACIFIC DEVELOPMENT INC.d/b/a SAIPAN GRANDHOTELhas engaged in unlawfulpractices at its Saipan hotel in violation of §703(a)(l) of Title VII, 42 U.S.C. g2000e-2(a)(l). These practices, which began no later than November 2001 and continued on a regular
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

basis, included subjecting Ms. Torres and other similarly situated individuals (the harassed employees) to harassment on the basis of their sex, female, which created an offensive, abusive, intimidating and hostile work environment. Ms. Torres and others similarly situatedwere sexuallyharassed by a supervisor,assistant chief cook Akira Ishikawa. The harassment included both verbal and physical acts. Mr. Ishikawa made unwanted and offensive comments to the harassed employees including commenting on their anatomies and asking for dates. His physical harassment includedexposinghimself and gropinggenitals,breasts, andbuttocks and forcibly penetrating one employee's vagina and rectum with his fingers. 11. The effect of the practices complained of in paragraph 310abovehas been to deprive Ms. Torres and other similarly situated individuals of equal employment opportunities and to otherwise adversely affect them because of their sex, female. 12. The unlawful employment practices complained of in paragraph 10 above were and are intentional. 13. The unlawful employmentpractices complainedof in paragraph 10above were done with malice andlor reckless disregard for the federallyprotected rights of Ms. Torres and other similarly situated individuals. 14. As MPD Inc.'s successor, Asia Pacific is liable for the discriminatory conduct of MPD Inc. I/ 11 11
SECOND AMENDED COMPLAINT
CIVIL ACTION NO. 04-0028

PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in harassment based on sex and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for their employees and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendant Employers to make whole Ms. Torres and other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, with interest, in amounts to be determined at trial. D. Order Defendant Employers to make whole Ms. Torres and other similarly situated individualsby providing compensationforpast and futurenon-pecuniarylosses caused by the above unlawful conduct, including pain and suffering, emotional distress, indignity, loss of enjoyment of life, loss of self-esteem, and humiliation, in amounts to be determined at trial. E. Order Defendant Employers to pay Ms. Torres and other similarly situated individuals punitive damages for their malicious and reckless conduct described above, in amounts to be determined at trial. F. Grant such further relief as the Court deems proper. G. Award the Commission its costs in this action.
SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel

Date: September 12,2005 Date: September 12, 2005 Date: September 12,2005

Regional ~ t t o r n q
Supervisory Trial Attorney
I /
LINDA ORDONIO-DIXON Senior Trial Attorney
Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260 Telephone: (415) 625-5654

SECOND AMENDED COMPLAINT CIVIL ACTION NO. 04-0028

CERTIFICATE OF SERVICE
I am a citizen of the United States employed in the County of San Francisco, over the age )f 18 years and not a party to this action. My business address is the office of the United States !qua1 Employment Opportunity Commission, San Francisco District Office, 150 The Embarcadero, Suite 500, San Francisco, California 94105-1260.
On the date below, I sent by facsimile and placed a copy of:
Second Amended Complaint
n a franked envelope, which I deposited in the United States Mail, addressed to: Michael W. Dotts, Esq. O'CONNOR BERMAN DOTTS & BANDES Second Floor, Nauru Building P.O. Box 501969 Saipan, MP 96950-1969 - Fax No. (670) 234-5683 Colin M. Thompson, Esq., PMB 917 Box 10001
Saipan, MP 96950 - Fax No. (670) 233-0776
I certify under penalty of perjury that the above is true and correct.

DATED: September 12,2005

4'
Robert H. Taine Legal Technician

4
/%

 
 1 WDAILVLIDIAFM. ORFFTEANM-BARYOOW-N#0-8#40966353(2C1A()CA)

2 LINDA ORDONIO-DIXON - #172830 (CA)

F

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By
3
San Francisco District Office

4 350 The Embarcadero, Suite 500

San Francisco, CA 94105-1260 5 Telephone No. (415) 625-5654

6 Fax No. (415) 625-5657

\)ti;2 1 ~~~~

~ Nad~hcm !&T &ins~i2:'c17~dca

e---

(cL

2;q

7 Attorneys for Plaintiff

8

9 MICHAEL W. DOTTS O'CONNOR BERMAN DOTTS & BANES
10 Second Floor, Nauru Building 11 P.O. Box 501969
Saipan, MP 96950 12 Telephone No. (670) 234-5684 13 Fax No. (670) 234-5683

14 Attorneys for Defendant Micro Pacific Development, Inc.
15

16

UNITED STATES DISTRICT COURT

17

FOR THE NORTHERN MARIANA ISLANDS

I8

EQUAL EMPLOYMENT

19 OPPORTUNITY COMMISSION,

1

1

20

Plaintiff,

21

V.

22 MICRO PACIFIC DEVELOPMENT

'

23 INC. d/b/a SAIPAN GRAND HOTEL )

and ASIA PACIFIC HOTELS INC. d/b/a

24 SAIPAN GR4ND HOTEL

)

1

25

Defendants.

1

1

26

CIVIL ACTION NO. 04-0028 JOINT CONSENT DECREE

21

28

1

1 1. INTRODUCTION
2
On September 23,2004, Plaintiff Equal Employment Opportunity Commission ('IEEOCII)
3
filed this action pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), and Title I of the
4
5 Civil Rights Act of 1991. The EEOC alleged that Defendant Micro Pacific Development Inc.

6 :"MPD") discriminated against Charging Party Julieta Torres and other similarly situated female
7
smployees. Specifically, the EEOC alleged that the women were subjected to a sexually hostile
8
work environment. MPD denied all claims and asserted various affirmative defenses. After the
9
10 initial filing of the instant suit, MPD sold its hotel property to Asia Pacific Hotels Inc.("APHI") and

11 determinedto close its business on Saipan and dissolve by the end of January, 2006. On September
12
12, 2004, the EEOC filed an Amended Complaint adding APHI as defendant under a theory of
13
successor liability. This case settled before APHI was served with the Amended Complaint but
14
15 APHI participated in the settlement of this action.

16

17
11.
18
19

NON-ADMISSION OF LIABILITY This consent decree is not an adjudication or finding on the merits of this case and shall not

20 be construed as an admission of a violation of Title VII by any Defendant.

21

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

22
herein, and the applicable law, and now approves the Consent Decree in its entirety.
23
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
24

25

26 111.
27
28

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

[PROPOSED] CONSENT DECREE

C-04-0028

2

1

2. This Consent Decree constitutes a fill resolution ofthe EEOC's complaint in Civil Action

2
\TO. 04-0028.
3
3. This Consent Decree shall become effective upon its entry by the Court.
4

5

4. This Consent Decree is final and binding upon the Parties, their successors and assigns.

6

5. The EEOC and Defendants shall bear their own costs and attorney fees.

7
6 . The EEOC, APHI and MPD have prepared a Joint Press Release concerning this Consent
8
3ecree and the case (copy attached as Exhibit "A") and the distribution of that Joint Press Release
9

10 shall be the only public comment the Parties shall initiate specificallyregarding this settlement. The

11 EEOC agrees to disseminate the press release. Any additional comment from the EEOC made in
12
-esponse to inquiries from non-parties shall come from EEOC Officials Joan Ehrlich, William
13
ramayo or Timothy Reira only. Non-parties who contact the EEOC regarding this matter shall be
14
15 xovided the contact information for MPD's counsel. Nothing herein shall be interpreted to preclude

16 EEOC, APHI and MPD from complying with their own reporting requirements, training programs,
17
:ommunity outreach or pursuant to judicial process.
18

19
20 [V. GENERAL INJUNCTIVE RELIEF

21

1. Sexual Harassment

22
Defendants MPD and its successors and assigns (including APHI), hereby agree not to
23
engage in or be a party to any action, policy or practice that is intended to or is known to them to
24

25 have the effect of sexually harassing or intimidating any employee on the basis of sex ,or to create,

26 facilitate or permit the existence of discrimination on the basis of sex.
27

28

[PROPOSED]CONSENT DECREE

C-04-0028

3

1

2. Retaliation

2
Defendants MPD and its successors and assigns (including APHI), agree not to engage in,
3
implement or permit any action, policy or practice with the purpose of retaliating against anycurrent
4

5 or former employee of any Defendant because he or she complained about sexual harassment, filed

6 a charge of discrimination alleging any such practice; testified or participated in any manner in any
7
investigation(including,without limitation, anyinternalinvestigationundertakenby anyDefendant),
8
proceeding or hearing in connectionwith this case, and/or relating to any claim of sexualharassment
9
10 or retaliation, or; was identified as a possible witness in this action.

11

12
V.
13
14

SPECIFIC INJUNCTIVE RELIEF TO BE UNDERTAKEN BY DEFENDANT MPD MPD represents that the company will dissolve in approximately January of 2006. If the

15 company takes all steps necessary for it to dissolve, and ceases all business activities, and has no

16 employeesby February 28,2006, no hrther injunctiverelief as set out below in this SectionV. need
17
be taken. However, if the company does not in good faith make every effort to complete dissolution
18
by February 28,2006, or at any time thereafter reestablishes its business, Defendant MPD shall take
19
20 the following measures to prevent sexual harassment at the company:

21

1. Policy Changes

22
No later than April 1,2006, Defendant MPD will institute and implement for its employees
23
a written personnel policy with the following:
24

25

(i) a specific statement insuringan employee’sright to complainregarding sexual harassment

26 and retaliation;
27
(ii) specific contact information for those employees designated to receive complaints;
28

[PROPOSED]CONSENT DECREE

C-04-0028

4

1

(iii) a prompt timetable for commencing an investigation after a complaint is made, and for

2
responding to the request or complaint;
3
(iv) a provision which requires that promptly upon the conclusion of its investigation of a
4

5 complaint, Defendant will communicate to the employee the company’s decision on the results of

6 the investigation and the remedial actions taken or proposed;

I
(v) the policy will be translated into the Chamorro, Japanese and Tagalog languages.
8
2. Policy Dissemination:
9

10

(i) No later than May 1,2006,the policy written in the English language, as revised above,

1 1 will be hand -delivered to each and every employee of MPD. In addition, a copy of the foreign

12
language translations of the policy shall given to those workers with a proficiency in those
13
languages;
14

15

(ii) Each worker shall be asked to sign an acknowledgment that he or she has received and

16 read the policy. The same acknowledgment shall be required of all newly hired employees, including
17
all managers and supervisors, at the start of their employment.; and
18
(iii) the revised policy will be posted on all company bulletin boards for the duration of the
19
20 decree. Defendant MPD will monitor the notices and replace within ten (10) days any notice which

21 is defaced or removed.
22
3. Supervisor Accountability Policy:
23
(i) Defendant MPD agrees that it shall impose substantial discipline - up to and including
24
25 termination, suspension without pay or demotion - upon any supervisor or other manager, who

26 engage in sexual harassment or retaliation or, who permit any such conduct to occur in his or her
21
work area or among his subordinates;
28

[PROPOSED]CONSENT DECREE

C-04-0028

5

1

(ii) Supervisors and managers also shall be accountable for promptly considering and

2
responding to and referring complaints of sexual harassment and/or retaliation to the individuals
3
charged with handling such complaints;
4

5

(iii) Defendant MPD agrees that it will advise all current and new managers and supervisors

6 of their duties under these revised policies;
7
(iv) Defendant MPD agrees that it will revise its supervisor appraisal process, as necessary,
8
to ensure that appropriate communication of anti-discrimination policies and appropriate handling
9
10 of sexual harassment complaints are included as an element of the appraisals.

11

(v) Defendant MPD

independent

12
contractor, or in any other capacity.
13
4. Complaint and Investigation Procedure
14

15

Defendant MPD shall revise its complaint procedure, as necessary, in order to ensure that it

16 is designed to encourage employeesto come forward with complaints of sexual harassment andor
17
retaliation.
18
As part of the policy, Defendant MPD shall provide its employees with convenient,
19
20 confidential and reliable mechanisms for reporting incidents of sexual harassment and retaliation.

21 Defendant MPD shall designate at least one employee for every fifty employees as a contact person
22
with responsibility for responding to and/or turning complaints over to those employees or third
23
parties designated as complaint investigators. To the extent possible, Defendant MPD will try to
24
25 insure that at least one of the contact persons is female. The names of the contactpersons, their work

26 locations and telephone numbers shall be listed on the policy, and also shall be routinely and
21
continuouslyposted on company bulletin boards.
28

[PROPOSED] CONSENT DECREE

C-04-0028

6

1

The complaint procedure shallprovide that: (a) complaints of discriminationor harassment

2
and/or retaliation will be accepted by the company both in writing and orally; (b) the company will
3
provide a timetable for commencing an investigation after a complaint is made or received, and for
4
5 remedial action to be taken upon conclusion of an investigation; and (c) promptly upon the

6 conclusion of the investigation of a complaint, the hotel will communicate to the employee the

7
results of the investigation, including what remedial actions have been taken, or are planned.
8
5. Training Program
9

10

No later than June 1, 2006, Defendant MPD will present to all of its current and new

11 employees, including managerial/supervisorialemployees, at least two hours of mandatory equal
12
employment opportunity training, once every year for the duration of this Consent Decree. The
13
training shall include the use of translators for those employeeswith a limitedknowledgeof English.
14
15 The cost of the training shall be borne by MPD.

16

The training described in the preceding paragraph shall be in-person training, accompanied

17
by materialsprepared by experiencededucatorsand/orinvestigators, and shall educatethe employees
18
about the problems of discriminationin the workplace. The purpose of the training will be to give
19

20 participants a thorough understanding of discrimination and harassment issues, including but not

21 limited to theories of liability under Title VII, sources of legal protection for victims of
22
discrimination and harassment, and the employer’s obligation to take preventive, investigative, and
23
remedial action with respect to discrimination and harassment complaints, and to review company
24
25 policies (including discipline policies) and practices related to discrimination, harassment and

26 retaliation. The training will hrther inform eachparticipantthat he or she is responsible for knowing
21
and complying with the contents of MPD’s equal employment opportunity policy.
28

[PROPOSED] CONSENT DECREE

C-04-0028

7

1

Managers and Supervisors tasked with receiving employee discrimination complaints shall

2
receive an additional four hours of training once every year for the duration of this Consent Decree
3
on the employer’s responsibility to provide a workplace free of sexual harassment and retaliation,
4

5 appropriate techniques for investigating discrimination and harassment, and remedying it.

6

Defendant MPD shall provide to the EEOC twenty-one (21) days in advance of the each

7
training a copy of the course syllabus for the training.
8
All persons attending each mandatory equal employment opportunity training shall sign an
9

10 acknowledgment of his or her attendance at the training, the date thereof, and his or her position with

1 1 the company. All participants shall also be given a questionnaire through which they will be asked
12
to critique the training and to provide suggestions to improve future training sessions. Defendant
13
MPD will provide a copy of these attendance records, the completed post-training questionnaires,
14
15 and the training materials to the EEOC within thirty (30) days of completion of the trainings.

16

17
VII.
18
19
20

SPECIFIC INJUNCTIVE RELIEF TO BE UNDERTAKEN BY DEFENDANT APHI 1. Policy Changes Within thirty (30) days after entry of this Consent Decree, Defendant APHI will revise its

21 Personnel Policies at Saipan Grand Hotel as follows:

22
(i) the policy will include a specific statement insuring an employee’s right to complain
23
regarding sexual harassment and retaliation;
24

25

(ii) the policy will provide specific contact information for those employees designated to

26 receive complaints;
27
(iii) the policy will provide a prompt timetable for commencing an investigation after a
28

[PROPOSED] CONSENT DECREE

C-04-0028

8

1 complaint is made, and for responding to the request or complaint;

2
(iv) the policy will require that promptly upon the conclusion of its investigation of a
3
complaint, Defendant will communicate to the employee the company’s decision on the results of
4
5 the investigation and the remedial actions taken or proposed;

6

(v) the policy will be translated into the Chamorro, Japanese and Tagalog languages.

7
2. Policy Dissemination:
8
(i) beginning within 60 days of the entry of this decree, the policy written in the English
9
10 language, as revised above, will be hand -delivered to each and every worker at Saipan Grand Hotel.

11 In addition, a copy of the foreign language translations of the policy shall given to those workers
12
with a proficiency in those languages;
13
(ii) Each worker shall be asked to sign an acknowledgment that he or she has received and
14
15 read the policy. The same acknowledgmentshallbe requiredof all newly hired employees,including

16 all managers and supervisors, at the start of their employment.; and
17
(iii) the revised policy will be posted on all company bulletin boards for the duration of the
18
decree. Defendant APHI will monitor the notices and replace within ten (10) days any notice which
19
20 is defaced or removed.

21

3. Supervisor Accountability Policy:

22
(i) Defendant APHI agrees that it shall impose substantial discipline - up to and including
23
termination, suspension without pay or demotion - upon any supervisor or other manager, who
24

25 engages in sexual harassment or retaliation or who permits any such conduct to occur in his or her

26 work area or among Saipan Grand Hotel workers;
27
(ii) Supervisors and managers also shall be accountable for promptly considering and
28

[PROPOSED] CONSENT DECREE

C-04-0028

9

1 -esponding to and referring complaints of sexual harassment and/or retaliation to the individuals

2
:harged with handling such complaints;
3
(iii) Defendant APHI agrees that it will advise all current and new managers and supervisors
4
5 if their duties under these revised policies;

6

(iv) Defendant APHI agrees that it will revise its supervisor appraisal process, as necessary,

I
to ensure that appropriate communication of anti-discrimination policies and appropriate handling
8
of sexual harassment complaints are included as an element of the appraisals.
9

10

(v) Neither Defendant MPD nor Defendant APHI shall ever employ Akira Ishikawa as an

11 employee, independent contractor, or in any other capacity.
12
4. Complaint and Investigation Procedure
13
Defendant APHI shall revise its complaint procedure, as necessary, in order to ensure that
14
15. it is designed to encourage employees to come forward with complaints of sexual harassment and/or

16 retaliation.
17
As part of the policy, Defendant APHI shall provide Saipan Grand Hotel workers with
18
convenient, confidential and reliable mechanisms for reporting incidents of sexual harassment and
19
20 retaliation. Defendant APHI shall designate at least three employees as contact persons with

21 responsibility for responding to and/or turning complaints over to those employees or third parties
22
designated as complaint investigators. At least one of the contact persons will be female. The names
23
of the contact persons, their work locations and telephone numbers shall be listed on the policy, and
24
25 also shall be routinely and continuously posted in a prominent place at the Saipan Grand Hotel.

26

The complaint procedure shall provide that: (a) complaints of discrimination or harassment

27
and/or retaliation will be accepted by Saipan Grand Hotel both in writing and orally; (b) the hotel
28

[PROPOSED] CONSENT DECREE

C-04-0028

10

1 will provide a timetable for commencing an investigation after a complaint is made or received, and
2
for remedial action to be taken upon conclusion of an investigation; and (c) promptly upon the
3
conclusion of the investigation of a complaint, the hotel will communicate to the employee the
4
5 results of the investigation, including what remedial actions have been taken, or are planned.

6

5. Training Program

7
Defendant APHI will present to all of its current and new employees at the Saipan Grand
8
Hotel, including managerial/supervisorial employees, at least two hours of mandatory equal
9

10 employment opportunity training, once everyyear for the duration of this Consent Decree. The first

11 training shall be held within a reasonable period mutually agreed upon by the parties, but no later
12
than ninety (90) days after the entry of this Consent Decree. The training shall include the use of
13
translators for those employees with a limited knowledge of English. The cost of the training shall
14
15 be borne by Defendant APHI.

16

The training described in the preceding paragraph shall be in-person training, accompanied

17
by materialsprepared by experiencededucatorsand/or investigators,and shall educatethe employees
18
about the problems of discriminationin the workplace. The purpose of the training will be to give
19

20 participants a thorough understanding of discrimination and harassment issues, including but not

21 limited to theories of liability under Title VII, sources of legal protection for victims of
22
discrimination and harassment, and the employer’sobligation to take preventive, investigative,and
23
remedial action with respect to discrimination and harassment complaints, and to review company
24
25 policies (including discipline policies) and practices related to discrimination, harassment and

26 retaliation. The training will furtherinformeachparticipant that he or she is responsible forknowing
21
and complying with the contents of Saipan Grand Hotel’s equal employment opportunity policy.
28

(PROPOSED] CONSENT DECREE

C-04-0028

11

1

Managers and Supervisors tasked with receiving employee discrimination complaints shall

2
receive an additional four hours of training once every year for the duration of this Consent Decree
3
on the employer’s responsibility to provide a workplace free of sexual harassment and retaliation,
4
5 appropriate techniques for investigating discrimination and harassment, and remedying it.

6

Defendant APHI shall provide to the EEOC twenty-one (21) days in advance of each training

I
a copy of the course syllabus for the training.
8
All persons attending each mandatory equal employment opportunity training shall sign an
9

10 acknowledgment of his or her attendance at the training, the date thereof, and his or her position with

11 the company. All participants shall also be given a questionnaire through which they will be asked
12
to critique the training and to provide suggestions to improve future training sessions. Defendant
13
APHI will provide a copy of these attendance records, the completed post-training questionnaires,
14
15 and the training materials to the EEOC within thirty (30) days of completion of the trainings.

16

17
VIII. MONETARY RELIEF
18
1. Defendant MPD will pay monetary damages in the amount of One Hundred Seventy Five
19
20 Thousand Dollars ($175,000.00) in full settlement of the discrimination claims made in this lawsuit

21 or that could have been brought by the Plaintiff in this lawsuit, both known at the time of entering
22
into this Consent Decree, and unknown. These funds shall be paid by cashiers check made payable
23
to the following individual in the indicated amount: Julieta Torres - One Hundred Thousand Dollars
24
25 ($100,000.00); Aurora Salac - Thirty Thousand Dollars ($30,000.00); Arcely Sison - Thirty

26 Thousand Dollars ($30,000.00); and, Remiang Sebuu - Fifteen Thousand Dollars ($15,000.00).
21
Defendants shall hand-deliver the cashiers checks, no later than forty-five (45) days after the entry
28

[PROPOSED] CONSENT DECREE

C-04-0028

12

1 of this Consent Decree, to James Benedetto, Federal Ombudsman,Federal Ombudsman’s Office,

2
U.S. Dept. ofthe Interior, Office ofhsular Affairs, Suite 203, MarinaHeights II,Saipan, M P , 96950.
3
Mr. Benedetto will insure the delivery of the checks to the claimants on behalf of the EEOC.
4

5

2. The amounts above shall be characterized as compensatory damages and are being paid

6 in complete compromise of all disputed issues arising out of the Complaint filed in this lawsuit, Civil
7
Action No. C-04-0028EEOC v. Micro Pacific Development Inc./Asia Pacific Hotels Inc. d/b/a
8
Saipan Grand Hotel in the United States District Court for the Northern Mariana Islands or that relate
9
10 to alleged violations of Title VII by MPD as of the date of entering into this Consent Decree.

11

12
IX. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE
13
1. After signing of this Consent Decree, this lawsuit will be dismissed. If the EEOC
14
15 determines that MPD or APHI has not complied with the Consent Decree, the EEOC will provide

16 written notification of the alleged breach to the party alleged to be in breach, and will not petition
17
the Court for enforcement sooner than thirty (30) days after providing said written notification. The
18
thirty-day period following written notice shall be used by the parties for good faith efforts to resolve
19
20 the issue. If the EEOC petitions the Court and the Court finds that APHI or MPD are in substantial

21 violation of the terms of the Decree, the Court may enforce this Consent Decree andor provide other
22
appropriate relief.
23
2. The prevailing party in connection with any civil action to enforce compliance with the
24
25 terms and conditions of this Consent Decree shall be entitled to its reasonable costs and attorneys’

26 fees.
27
3. The Court shall retain enforcementjurisdiction over this matter for a period of three years
28

[PROPOSED]CONSENT DECREE

C-04-0028

13

1 from the date of execution by the parties for the purpose of enforcing the provisions of this Consent
2
Decree, pursuant to paragraph 1 above.
3
4. If any provisions of this Consent Decree is found to be unenforceable by a court of
4
5 competent jurisdiction, only the specific provision in question shall be affected and the other
6 Enforceable provisions shall remain in fidl force and effect.
7
/I
8 I!
9 I!
10
11 /I
12 11
13 11
14 I/
15 11
16
I!
17
11
18
11
19
20 I/
21 11
22 11
23 I! 24 I!
25
I!
26
27
11
28

[PROPOSED] CONSENT DECREE

C-04-0028

14

1

On behalf of defendant MICRO PACIFIC DEVELOPMENT INC.:

2

3

- Dated: Decemberr, -20,05

4

MICHAEL W. D O n S

5

6

7

8

9

On behalf of Plaintiff EEOC:

10 JAMES El3

11

Deputy General Counsel

EQUAL EMPLOYMENT

12

OPPORTUNITY COMMISSION

13 14 Dated: December%, 2005

15

a 16 Dated: December -, 2005
17
18

SupervisoryT~iaAl ttorney

19

20 IT IS SO ORDERED:
21

22

23

24

UNTIED STATES DISTRICT COURT JUDGE

25

26

27

28

[PROPOSED] CONSENT DECREE

C-04-00Z8

15

PRESS RELEASE

EEOC and Micro-Pacific Settle Sexual Harassment Suit
***$175,000 for CNMI Hotel Workers***

Contact Information:

Joan Ehrlich, EEOC SFDO District Director

W(415) 625-5611 M(415) 238-0973

William Tamayo, EEOC SFDO Regional Attorney W(415)625-5645 M(415) 336-8805

Timothy Riera, EEOC Honolulu Local Director

W(S0S) 541-3722 M(808) 371-4251

Michael Dotts, Attorney for Micro Pacific Dev. Inc. W(670) 234-5684

Colin Thompson, Attorney for Asia Pacific Hotels W(670) 233-0777

SAIPAN, Commonwealth of the Northern Mariana Islands - The U.S. Employment Opportunity Commission (EEOC) announced a $175,000 settlement resolving sexual harassment lawsuit alleging that four female kitchen employees were sexually harassed at the Saipan Grand Hotel from approximately 1998 to 2002, while the hotel was owned by Micro Pacific Development, Inc. In 2005, Asia Pacific Hotels, Inc. acquired the hotel and although named in the lawsuit as a successor, was considered faultless in the matter.

Under the terms of the Consent Decree signed by Judge Alex R. Munson, Micro Pacific, as the company which owned the hotel during the alleged discrimination, will pay Julieta Torres and three other women a total of $175,000, but denies all liability in the case. A< the current hotel owner, Asia Pacific has agreed to institute training and policies to protect Saipan Grand workers from future discrimination for the next three years.

1

Exhibit “A”

Mrs. Torres, who filed the initial charge with EEOC, was pleased to have the matter resolved: “I hope this case will encourage employees who are too scared to speak out about discrimination to contract the EEOC. The EEOC listened to us and took action.”

Likewise, Micro Pacific expressed pleasure with the resolution of the matter. “The company is pleased to put this matter behind it,” said Micro Pacific’s attorney, Michael Dotts, on behalf of Micro Pacific.

EEOC San Francisco District Director H. Joan Ehrlich stated: “We commend the MPDI and APHI for their cooperation in resolving this case. By avoiding the time, expense and disruption of protracted litigation, resolution is always in the interest of all parties involved.”

The EEOC’s lawsuit asserted that an assistant chef in one of the hotel’s restaurants sexually harassed Mrs. Torres and other female staff, including physical, verbal and visual harassment. These allegations were all denied and the settlement avoids a determination of what actually happened.

EEOC Honolulu Local Director Tim Riera said, “Sexual harassment is a continuing problem. Our agency continues to receive many sexual harassment charges involving allegations like this one, that are particularly egregious. Employers should send a clear message to the workplace that sexual harassment will not be tolerated.”

According to the EEOC, although Mrs. Torres notified company managers, Micro Pacific failed to take appropriate corrective action in response to her complaints. Even after

2

Exhibit “A’

the harasser admitted he sexually harassed Mrs. Torres, the company waited for more than six months to terminate him while she was forced to transfer out of her position to avoid him. The EEOC believes they would have shown at trial that Micro Pacific managers received no sexual harassment training and that the company’s anti-discrimination policies were inadequate.
In response, Micro Pacific stated that Mrs. Torres did not make the same complaint to the company that she did to the EEOC, three months after the incident occurred. In response to what Mrs. Torres did tell the company, the assistant chef was suspended without pay and later, when Mrs. Torres disclosed the full extent of what she claimed had happened, the employment of the assistant chef was discontinued. Micro Pacific believes that had the matter gone to trial, the jury would have found that its training of its managers was adequate, as was the company’s written anti-discrimination policy contained in its personnel handbook.
EEOC Regional Attorney William Tamayo said, “Employers have a legal obligation to immediately address complaints and to take appropriate corrective action. In particular, companies should insure that complaints are dealt with by trained personnel. Asia Pacific’s willingness to take preventative measures against discrimination is commendable, and we hope that other employers will follow suit.”
On behalf of Asia Pacific Hotel’s, Inc. Colin Thompson stated that the company believes in training its supervisors to recognize and prevent sexual harassment. “We want our employees to truly enjoy working for us. Our management works very hard with that goal in mind.’’

3

Exhibit “A”

In addition to Title VII, EEOC enforces the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967 and the Equal Pay Act. As part of the San Francisco District, EEOC’s Honolulu Local Office is responsible for investigating discrimination complaints against employers located in the Commonwealth of Northern Mariana Islands, Guam, American Samoa, Wake Island and Hawaii. For more information about the Commission, please visit www.eeoc.gov. Counsel for Micro Pacific is available at www.pacific-lawyers.com.
###
KVudeU793-Saipan GrandD793-05-05 1217-LODixon-Final Revision o f PR w Contact 1nfo.doc

4

Exhibit “A”

 
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U.S. District Court Northern Mariana Islands (NMI) CIVIL DOCKET FOR CASE #: 1:04-cv-00028

CLOSED

Equal Employment Opportunity Commission v. Micro Pacific Development, Inc. Assigned to: U.S. District Judge Alex R. Munson Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David F Offen-Brown Equal Employment Opportunity Commission 345 Spear Street, Suite 500 San Francisco, CA 94105(415) 625-5622 Fax: (415) 625-5657 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Ordonio-Dixon Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 (415) 625-5654 Fax: (415) 625-5657 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William R. Tamayo Equal Employment Opportunity Commission San Francisco District Office 350 Embarcadero, Suite 500 San Francisco, CA 94105(415) 625-5667 Fax: (415) 625-5609 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Micro Pacific Development, Inc. doing business as Saipan Grand Hotel

represented by Michael W. Dotts O'Connor Berman Dotts & Banes P.O. Box 501969 Saipan, MP 96950 (670) 234-5684 Fax: (670) 234-5683 Email: attorneys@saipan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/23/2004 09/30/2004
09/30/2004 10/15/2004 10/21/2004 10/25/2004 10/26/2004
10/28/2004 01/04/2005 01/13/2005

#

Docket Text

1 COMPLAINT Civil Rights - Employment Discrimination; Jury Trial Demand; Filed by: GOVPTF Equal Employment Opportunity Comm [TTP EOD 09/23/2004] (ORIGINAL GCMS ENTRY 1-1) (cnv) (Entered: 09/23/2004)
2 NOTICE of Motion and Motion for More Definite Statement (Hearing Set for October 28, 2004 at 9:00 a.m.); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 09/30/2004] (ORIGINAL GCMS ENTRY 2-1) (cnv) (Entered: 09/30/2004)
3 MEMORANDUM in Support of Motion for More Definite Statement Pursuant to Rule 12(e); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 09/30/2004] (ORIGINAL GCMS ENTRY 3-1) (cnv) (Entered: 09/30/2004)
4 PLAINTIFF EEOC's Opposition to Defendant's Motion for More Definite Statement; Filed by: GOVPTF Equal Employment Opportunity Comm [TTP EOD 10/15/2004] (ORIGINAL GCMS ENTRY 4-1) (cnv) (Entered: 10/15/2004)
5 REPLY in support of motion for more definite statement; Filed by: DFT Micro Pacific Development Inc. [MGM EOD 10/21/2004] (ORIGINAL GCMS ENTRY 5-1) (cnv) (Entered: 10/21/2004)
6 NOTICE Rescheduling Motion Time from 10/28/04 @ 9am to 9:30am on the same date; [MCM EOD 10/25/2004] (ORIGINAL GCMS ENTRY 6-1) (cnv) (Entered: 10/25/2004)
7 REQUEST by Plaintiff's Counsel to Appear by Telephone at Hearing for Defendant's Motion for More Definite Statement; Order; Filed by: GOVPTF Equal Employment Opportunity Comm [MCM EOD 10/27/2004] (ORIGINAL GCMS ENTRY 7-1) (cnv) (Entered: 10/26/2004)
8 MINUTE ENTRY 10:20 a.m. (CONVERTED TO PDF FOR CMECF CONVERSION 7/23/2005 5:57AM) (ORIGINAL GCMS ENTRY 8-1) (cnv) (Entered: 10/28/2004)
9 ORDER Granting Defendant's Motion for More Definite Statement; [TTP EOD 01/04/2005] (ORIGINAL GCMS ENTRY 9-1) (cnv) (Entered: 01/04/2005)
10 AMENDED complaint (Civil Rights - Employment Discrimination) and jury trial demand.; Filed by: GOVPTF Equal Employment Opportunity Comm [MGM EOD 01/13/2005] (ORIGINAL GCMS ENTRY 10-1) (cnv) (Entered:

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01/31/2005 02/02/2005 02/11/2005 02/11/2005 02/22/2005
02/24/2005 02/25/2005 02/25/2005 02/25/2005 02/25/2005

01/13/2005)
11 ANSWER of Micro Pacific Development, Inc. and Demand for Jury Trial; Filed by: DFT Micro Pacific Development Inc. [TTP EOD 01/31/2005] (ORIGINAL GCMS ENTRY 11-1) (cnv) (Entered: 01/31/2005)
12 ORDER Re Case Management Conference (Set for Friday, February 25, 2005 at 8:30 a.m.); [TTP EOD 02/02/2005] (ORIGINAL GCMS ENTRY 12-1) (cnv) (Entered: 02/02/2005)
13 NOTICE Of Motion and MOTION to Strike Affirmative Defense "H" of Defendant's Answer; Filed by: GOVPTF Equal Employment Opportunity Comm [MCM EOD 02/14/2005] (ORIGINAL GCMS ENTRY 13-1) (cnv) (Entered: 02/11/2005)
14 MEMORANDUM Of P & A in Support of Plaintiff EEOC'S Motion to Strike Affirmative Defense "H" of Defendant Answer; Filed by: GOVPTF Equal Employment Opportunity Comm [MCM EOD 02/14/2005] (ORIGINAL GCMS ENTRY 14-1) (cnv) (Entered: 02/11/2005)
15 REQUEST by Plaintiff's Counsel to Appear by Telephone at Case Management Conference; ORDER (Linda Ordonia-Dixon to appear telephonically on 02/25/05 at 8:30 am, for Case Management Conference.); ; Filed by: GOVPTF Equal Employment Opportunity Comm [TTP EOD 02/22/2005] (ORIGINAL GCMS ENTRY 15-1) (cnv) (Entered: 02/22/2005)
16 DEFENDANT'S Opposition to EEOC's Motion to Strike Affirmative Defense "H" of Defendant's Answer; Filed by: DFT Micro Pacific Development Inc. [TTP EOD 02/24/2005] (ORIGINAL GCMS ENTRY 16-1) (cnv) (Entered: 02/24/2005)
17 DEFENDANTS Case Management Conference Statement; Filed by: DFT Micro Pacific Development Inc. [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 17-1) (cnv) (Entered: 02/25/2005)
18 DEFENDANT'S Pre-Discovery Disclosure Statement; Filed by: DFT Micro Pacific Development Inc. [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 18-1) (cnv) (Entered: 02/25/2005)
19 PLAINTIFF EEOC's Initial Disclosures [Mandatory Pre-Discovery Disclosures] Pursuant to FRCP 26(a) and LR 16.2CJ(d); Filed by: GOVPTF Equal Employment Opportunity Comm [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 19-1) (cnv) (Entered: 02/25/2005)
20 CASE Management Scheduling Order (Parties Joined 08/01/05; Motions to Amend 08/01/05; Discovery Served 09/01/05; Discovery Motions 10/20/05; Plaintiff Expert Disclosure 07/22/05; Defendant Expert Disclosure 07/22/05; Plaintif's Rebuttal Expert Disclosure 08/26/05; Expert Discovery Completed 10/21/05; Status Conference on July 5, 2005 at 8:30 a.m.; Dispositive Motions 11/17/05; Settlement Conference on December 2, 2005 at 9:00 a.m.; Pretrial Order 01/13/06; Pretrial Conference on February 3, 2006 at 9:00 a.m.; Jury Trial on February 13, 2006 at 9:00 a.m.); [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 20-1) (cnv) (Entered: 02/25/2005)

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02/25/2005
02/25/2005
02/25/2005 03/01/2005 04/25/2005 04/26/2005
04/26/2005
05/20/2005 05/20/2005 05/20/2005 05/25/2005 05/26/2005

21 CERTIFICATE of Service (upon Linda Ordonio-Dixon "Defendant's Pre-Discovery Disclosure Statement and Defendant's Case Management Conference Statement" on February 24, 2005 by Facsimile); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 21-1) (cnv) (Entered: 02/25/2005)
22 CERTIFICATE of Service (upon Linda Ordonio-Dixon "Defendant's Opposition to EEOC's Motion to Strike Affirmative Defense "H" of Defendant's Answer" on February 24, 2005 by Mail); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 22-1) (cnv) (Entered: 02/25/2005)
23 PLAINTIFF EEOC's Initial Disclosures [Mandatory Pre-Discovery Disclosures] Pursuant to FRCP 26(a) and LR 16.2CJ(d); Filed by: GOVPTF Equal Employment Opportunity Comm [TTP EOD 02/25/2005] (ORIGINAL GCMS ENTRY 23-1) (cnv) (Entered: 02/25/2005)
24 ORDER Striking Affirmative Defenses (It is further Ordered that the Affirmative Defense set forth in Paragraph "H" of MDP's Answer (Doc.#11) is hereby Stricken from the Record); [TTP EOD 03/01/2005] (ORIGINAL GCMS ENTRY 24-1) (cnv) (Entered: 03/01/2005)
25 NOTICE of Taking Deposition Pursuant to Rule 30 of the Federal Rules of Civil Procedure; Filed by: DFT Micro Pacific Development Inc. [MCM EOD 04/25/2005] (ORIGINAL GCMS ENTRY 25-1) (cnv) (Entered: 04/25/2005)
26 CERTIFICATE of Service (upon Linda Ordonio-Dixon "Defendant's First Set of Interrogatories to Plaintiff and First Request for Production of Documents" on April 19, 2005 by fax, email and by mail); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 04/26/2005] (ORIGINAL GCMS ENTRY 26-1) (cnv) (Entered: 04/26/2005)
27 CERTIFICATE of Service (upon David F. Offen-Brown "Notice of Taking Deposition Pursuant to Rule 30 of the Federal Rules of Civil Procedure" on April 25, 2005 by fax, email and by mail); Filed by: DFT Micro Pacific Development Inc. [TTP EOD 04/26/2005] (ORIGINAL GCMS ENTRY 27-1) (cnv) (Entered: 04/26/2005)
28 RETURN Of Svc Of Subp In A Cv Action upon Julieta Torres; [ACH EOD 05/20/2005] (ORIGINAL GCMS ENTRY 28-1) (cnv) (Entered: 05/20/2005)
29 RETURN Of Svc Of Subp In A Cv Action upon Aurora Salac; [ACH EOD 05/20/2005] (ORIGINAL GCMS ENTRY 29-1) (cnv) (Entered: 05/20/2005)
30 RETURN Of Svc Of Subp In A Cv Action upon Arcely Sison; [ACH EOD 05/20/2005] (ORIGINAL GCMS ENTRY 30-1) (cnv) (Entered: 05/20/2005)
31 FIRST Amended Notice of Taking Deposition Pursuant to Rule 30 of the Federal Rules of Civil Procedure; [ACH EOD 05/25/2005] (ORIGINAL GCMS ENTRY 31-1) (cnv) (Entered: 05/25/2005)
32 CERTIFICATE Of Svc (upon Linda Ordonio-Dixon, by email, on May 25, 2005); ; [ACH EOD 05/26/2005] (ORIGINAL GCMS ENTRY 32-1) (cnv) (Entered: 05/26/2005)

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05/26/2005 05/26/2005 05/27/2005 05/27/2005 05/27/2005 05/27/2005 05/31/2005 05/31/2005 06/01/2005 06/01/2005 06/13/2005 06/23/2005 07/08/2005 07/08/2005

33 CERTIFICATE Of Svc (upon Linda Ordonio-Dixon, by fax on May 25, 2005); [ACH EOD 05/26/2005] (ORIGINAL GCMS ENTRY 33-1) (cnv) (Entered: 05/26/2005)
34 CERTIFICATE Of Svc (upon Linda Ordonio-Dixon, by mail, on May 26, 2005); [ACH EOD 05/26/2005] (ORIGINAL GCMS ENTRY 34-1) (cnv) (Entered: 05/26/2005)
35 NOTICE of Motion and Motion to Compel (Hearing on motion set for May 31, 2005, at 9:30 AM.); Filed by: DFT Micro Pacific Development Inc. [ACH EOD 05/27/2005] (ORIGINAL GCMS ENTRY 35-1) (cnv) (Entered: 05/27/2005)
36 MEMORANDUM In Support Of Motion to Compel; Filed by: DFT Micro Pacific Development Inc. [ACH EOD 05/27/2005] (ORIGINAL GCMS ENTRY 36-1) (cnv) (Entered: 05/27/2005)
37 DECLARATION of Michael W. Dotts In Support of Motion to Compel; Filed by: DFT Micro Pacific Development Inc. [ACH EOD 05/27/2005] (ORIGINAL GCMS ENTRY 37-1) (cnv) (Entered: 05/27/2005)
38 CERTIFICATION of Compliance with Local Rule 26.4(a); Filed by: DFT Micro Pacific Development Inc. [ACH EOD 05/27/2005] (ORIGINAL GCMS ENTRY 38-1) (cnv) (Entered: 05/27/2005)
39 MINUTE ENTRY 9:30 a.m. (CONVERTED TO PDF FOR CMECF CONVERSION 7/23/2005 5:57AM) (ORIGINAL GCMS ENTRY 39-1) (cnv) (Entered: 05/31/2005)
40 ORDER (to Compel production of medical records); [KLL EOD 05/31/2005] (ORIGINAL GCMS ENTRY 40-1) (cnv) (Entered: 05/31/2005)
41 CERTIFICATE Of Svc (upon Linda Ordonio-Dixon, by fax, email, and by mail); [ACH EOD 06/01/2005] (ORIGINAL GCMS ENTRY 41-1) (cnv) (Entered: 06/01/2005)
42 MEMORANDUM of Decision and Order Denying Oral Motion for Sanctions (Plaintiff's oral motion for sanctions against defendant is denied.); [ACH EOD 06/01/2005] (ORIGINAL GCMS ENTRY 42-1) (cnv) (Entered: 06/01/2005)
43 NOTICE Re Status Conference (Status Conference set for July 5, 2005, is rescheduled to September 9, 2005, at 9:00 AM.); [ACH EOD 06/13/2005] (ORIGINAL GCMS ENTRY 43-1) (cnv) (Entered: 06/13/2005)
44 SECOND Notice of Taking Deposition Pursuant to Rule 30 of the Federal Rules of Civil Procedure; [ACH EOD 06/23/2005] (ORIGINAL GCMS ENTRY 44-1) (cnv) (Entered: 06/23/2005)
45 RETURN Of Svc Of Subp In A Cv Action (upon Renen C. Ansus, on July 8, 2005); [ACH EOD 07/08/2005] (ORIGINAL GCMS ENTRY 45-1) (cnv) (Entered: 07/08/2005)
46 RETURN Of Svc Of Subp In A Cv Action (upon Vicente M. Torres, on July 8, 2005); [ACH EOD 07/08/2005] (ORIGINAL GCMS ENTRY 46-1) (cnv) (Entered: 07/08/2005)

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07/11/2005 07/11/2005 07/11/2005 07/14/2005 07/14/2005 07/18/2005 07/19/2005 07/20/2005 07/20/2005 07/21/2005 07/26/2005 07/29/2005

47 NOTICE Of Motion and Motion to Extend Deadlines for Designation of Experts; [ACH EOD 07/11/2005] (ORIGINAL GCMS ENTRY 47-1) (cnv) (Entered: 07/11/2005)
48 MEMORANDUM of Points and Authorities in Support of Plaintiff's Motion to Extend Deadlines for Designation of Experts; [ACH EOD 07/11/2005] (ORIGINAL GCMS ENTRY 48-1) (cnv) (Entered: 07/11/2005)
49 DECLARATION of Linda Ordonio-Dixon and Exhibits A through H; [ACH EOD 07/11/2005] (ORIGINAL GCMS ENTRY 49-1) (cnv) (Entered: 07/11/2005)
50 ORDER Shortening Time to Hear Motion to Extend Deadlines for Designation of Experts (EEOC's motion shall be heard without oral argument on July 19, 2005.); [ACH EOD 07/14/2005] (ORIGINAL GCMS ENTRY 50-1) (cnv) (Entered: 07/14/2005)
51 AMENDED Second Notice of Taking Deposition Pursuant to Rule 30 of the Federal Rules of Civil Procedure; [ACH EOD 07/14/2005] (ORIGINAL GCMS ENTRY 51-1) (cnv) (Entered: 07/14/2005)
52 LIMITED Opposition to Motion to Extend Time for Expert Witness Disclosures; [ACH EOD 07/18/2005] (ORIGINAL GCMS ENTRY 52-1) (cnv) (Entered: 07/18/2005)
53 NOTICE of Transcript Completion (Deposition of Aurora Salac, Arcely Sison, and Julieta Torres); [ACH EOD 07/19/2005] (ORIGINAL GCMS ENTRY 53-1) (cnv) (Entered: 07/19/2005)
54 ORDER Granting Motion to Extend Deadlines for Designation of Experts; [ACH EOD 07/20/2005] (ORIGINAL GCMS ENTRY 54-1) (cnv) (Entered: 07/20/2005)
55 AMENDED Case Management Scheduling Order (Settlement Conference on February 23, 2006, at 9:00 AM; Final Pretrial Conference on March 17, 2006, at 9:00 AM; Trial set for April 3, 2006, at 9:00 AM.); [ACH EOD 07/20/2005] (ORIGINAL GCMS ENTRY 55-1) (cnv) (Entered: 07/20/2005)
56 NOTICE Of Motion and Motion to Quash Subpoena Duces Tecum (Hearing on motion set for August 25, 2005, at 8:30 AM.); Filed by: GOVPTF Equal Employment Opportunity Commission [ACH EOD 07/21/2005] (ORIGINAL GCMS ENTRY 56-1) (cnv) (Entered: 07/21/2005)
57 Supplemental Declaration of Ordonio-Dixon re [56] in support of Plaintiff's Motion to Quash Subpoena Duces Tecum providing Exhibit G by Equal Employment Opportunity Commission. (MCM) (Entered: 07/26/2005)
58 NOTICE OF MOTION for Leave to Amend the Complaint by Equal Employment Opportunity Commission. Set for hearing on September 1, 2005 at 8:30 a.m. Memorandum of Points and Authorities in Support of Plaintiff's Motion for Leave to Amend the Complaint to Add Asia Pacific Hotels Inc. as a Defendant; Declaration of Linda Ordonio-Dixon; Declaration of Wilfredo Tungol; Declaration of Julieta B. Torres; Proposed Order Granting Leave to File Second Amended Complaint; Second Amended Complaint / Jury Trial Demand. (TTP) (Entered: 08/01/2005)

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08/01/2005 08/01/2005 08/01/2005 08/01/2005 08/04/2005 08/04/2005 08/04/2005
08/04/2005
08/04/2005
08/04/2005 08/11/2005 08/11/2005 08/11/2005 08/18/2005 08/18/2005

Motion Hearing re 58 Motion for Leave to Amend Complaint set for 9/1/2005 08:30 AM in Courtroom 1 before U.S. District Judge Alex R. Munson. (ACH) (Entered: 08/10/2005)
59 MOTION to Amend Answer and Notice of Motion by Micro Pacific Development, Inc.. (ACH) (Entered: 08/10/2005)
Motion Hearing re 59 Motion to Amend Answer set for 9/1/2005 08:30 AM in Courtroom 1 before U.S. District Judge Alex R. Munson. (ACH) (Entered: 08/10/2005)
60 MEMORANDUM by Micro Pacific Development, Inc. in support of 59 MOTION to Amend Answer. (ACH) (Entered: 08/11/2005)
61 Opposition re [56] Motion to Quash filed by Micro Pacific Development, Inc.. (ACH) (Entered: 08/11/2005)
62 DECLARATION of Michael W. Dotts in Support re 61 Opposition to Motion filed by Micro Pacific Development, Inc.. (ACH) (Entered: 08/11/2005)
63 CERTIFICATE OF SERVICE by Micro Pacific Development, Inc. re 60 Memorandum in Support of Motion, 59 MOTION to Amend Answer and Notice of Motion. Served upon Equal Employment Opportunity Commission by mail. (ACH) (Entered: 08/11/2005)
64 CERTIFICATE OF SERVICE by Micro Pacific Development, Inc. re 60 Memorandum in Support of Motion, 59 MOTION to Amend Answer and Notice of Motion. Served upon Equal Employment Opportunity Commission by email. (ACH) (Entered: 08/11/2005)
65 CERTIFICATE OF SERVICE by Micro Pacific Development, Inc. re 60 Memorandum in Support of Motion, 59 MOTION to Amend Answer. Served upon Equal Employment Opportunity Commission by fax. (ACH) (Entered: 08/11/2005)
66 ORDER granting Request by Plaintiff's Counsel to Appear by Telephone at Hearing re [56] Motion to Quash Subpoenas on August 25, 2005 at 8:30 AM. Signed by Judge Alex R. Munson on 08/04/2005. (ACH) (Entered: 08/11/2005)
67 PROOF OF SERVICE by Micro Pacific Development, Inc. re 62 Declaration in Support of Motion, 61 Opposition to Motion to Quash. Served upon Equal Employment Opportunity Commission by fax. (ACH) (Entered: 08/12/2005)
68 PROOF OF SERVICE by Micro Pacific Development, Inc. re 62 Declaration in Support of Motion, 61 Opposition to Motion to Quash. Served upon Equal Employment Opportunity Commission by mail. (ACH) (Entered: 08/12/2005)
69 PROOF OF SERVICE by Micro Pacific Development, Inc. re 62 Declaration in Support of Motion, 61 Opposition to Motion to Quash. Served upon Equal Employment Opportunity Commission by email. (ACH) (Entered: 08/12/2005)
70 Opposition re 58 MOTION to Amend/Correct filed by Micro Pacific Development, Inc.. (ACH) (Entered: 08/19/2005)
71 Declaration of Michael W. Dotts in Support re 70 Opposition to Motion by Micro Pacific Development, Inc.. (ACH) (Entered: 08/19/2005)

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08/18/2005 08/18/2005 08/18/2005 08/19/2005 08/22/2005 08/22/2005 08/22/2005 08/22/2005 08/22/2005
08/22/2005
08/22/2005 08/23/2005 08/23/2005 08/23/2005

72 Declaration of Keiji Morita re 70 Opposition to Motion by Micro Pacific Development, Inc.. (ACH) (Entered: 08/19/2005)
73 REPLY to Defendant's Opposition to Motion re 61 Motion to Quash filed by Equal Employment Opportunity Commission. (ACH) (Entered: 08/22/2005)
74 DECLARATION of Linda Ordonio-Dixon in Support of Plaintiff's re 73 Reply to Defendant's Opposition to Motion to Quash filed by Equal Employment Opportunity Commission. (ACH) (Entered: 08/22/2005)
75 Plaintiff EEOC's Non-Opposition to Defendant Micro Pacific Development, Inc.'s Motion re 59 MOTION to Amend Answer filed by Equal Employment Opportunity Commission. (ACH) (Entered: 08/22/2005)
76 PROOF of Service of Defendant's Response to Plaintiff's Second Set of Discovery served on Linda Ordonio-Dixon on 08/16/05, by email, filed by Micro Pacific Development, Inc.. (ACH) (Entered: 08/23/2005)
77 CERTIFICATE OF SERVICE of Defendant's Response to Plaintiff's Second Set of Discovery by Micro Pacific Development, Inc.. Served upon Equal Employment Opportunity Commission, by mail. (ACH) (Entered: 08/23/2005)
78 PROOF of Service of Defendant's Response to Plaintiff's Second Set of Discovery served on Linda Ordonio-Dixon, EEOC on 08/16/05, by fax, filed by Micro Pacific Development, Inc.. (ACH) (Entered: 08/23/2005)
79 PROOF OF SERVICE by Micro Pacific Development, Inc. re 72 Affidavit in Support, 70 Opposition to Motion, 71 Affidavit in Support. Served upon Equal Employment Opportunity Commission, by fax. (ACH) (Entered: 08/23/2005)
80 PROOF OF SERVICE by Micro Pacific Development, Inc. re 72 Affidavit in Support, 70 Opposition to Motion, 71 Affidavit in Support. Served upon Equal Employment Opportunity Commission, by email to Linda Ordonio-Dixon. (ACH) (Entered: 08/23/2005)
81 CERTIFICATE OF SERVICE by Micro Pacific Development, Inc. re 72 Affidavit in Support, 70 Opposition to Motion, 71 Affidavit in Support. Served upon Equal Employment Opportunity Commission, by mail. (ACH) (Entered: 08/23/2005)
82 ERRATA by Micro Pacific Development, Inc. as to Micro Pacific Development, Inc. re 61 Opposition to Motion to Quash. (ACH) (Entered: 08/23/2005)
83 PROOF OF SERVICE by Micro Pacific Development, Inc. re 82 Errata. Served upon Equal Employment Opportunity Commission, by fax. (ACH) (Entered: 08/24/2005)
84 PROOF OF SERVICE by Micro Pacific Development, Inc. re 82 Errata. Served upon Equal Employment Opportunity Commission, by e-mail addressed to Linda Ordonio-Dixon. (ACH) (Entered: 08/24/2005)
85 CERTIFICATE OF SERVICE by Micro Pacific Development, Inc. re 82 Errata. Served upon Equal Employment Opportunity Commission, by mail. (ACH) (Entered: 08/24/2005)

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08/25/2005 08/25/2005 08/25/2005 08/25/2005 08/26/2005 08/29/2005 08/29/2005
08/30/2005 08/30/2005 09/01/2005
09/06/2005 09/06/2005 09/06/2005

86 Minute Entry for proceedings held before Judge Alex R. Munson : Motion Hearing held on 8/25/2005 re [56] MOTION to Quash Subpoena Duces Tecum. (Granted) (Court Reporter SNS.) (ACH) (Entered: 08/25/2005)
87 REPLY to Defendant's re 70 Opposition to Motion to Amend filed by Equal Employment Opportunity Commission. (ACH) (Entered: 08/25/2005)
88 DECLARATION in Support re 87 Reply to Defendant's Opposition to Motion by Equal Employment Opportunity Commission. (ACH) (Entered: 08/25/2005)
89 Disclosure of Expert Witness- Amy Oppenheimer by Equal Employment Opportunity Commission.(ACH) (Entered: 08/26/2005)
90 ORDER Quashing Subpoena re [56] NOTICE Of Motion and Motion to Quash Subpoena Duces Tecum, Motions Terminated: [56] NOTICE Of Motion and Motion to Quash Subpoena Duces Tecum.. Signed by Judge Alex R. Munson on 08/26/05. (MGM) (Entered: 09/13/2005)
91 REQUEST by Plaintiff's Counsel to Appear by Telephone at Hearing on 58 Plaintiff's Motion to Amend Complaint and 59 Defendant's Motion to Amend Answer filed by Equal Employment Opportunity Commission. (MGM) (Entered: 09/13/2005)
Approved and So Ordered re 91 REQUEST by Plaintiff's Counsel to Appear by Telephone at Hearing on Plaintiff's Motion to Amend Complaint and Defendant's Motion to Amend Answer filed by Equal Employment Opportunity Commission, Motions Terminated: 91 REQUEST by Plaintiff's Counsel to Appear by Telephone at Hearing on Plaintiff's Motion to Amend Complaint and Defendant's Motion to Amend Answer.. Signed by Judge Alex R. Munson on 08/29/2005. (MGM, ) (Entered: 09/13/2005)
92 ORDER Granting 59 Defendant's Motion to Amend Answer and Notice . Signed by Judge Alex R. Munson on 08/29/2005. (MGM) (Entered: 09/13/2005)
93 PROOF OF SERVICE re DEFENDANT's Third Set of Requests for the Produciton of Documents filed by Micro Pacific Development, Inc. Served upon Linda Ordonio-Dixon, Equal Employment Opportunity Commission (MGM) (Entered: 09/13/2005)
94 Minute Entry for proceedings held before Judge Alex R. Munson : Motion Hearing held on 9/1/2005 re 58 NOTICE OF MOTION for Leave to Amend the Complaint filed by Equal Employment Opportunity Commission, 59 MOTION to Amend Answer and Notice of Motion filed by Micro Pacific Development, Inc. (Court Reporter SNS) (MGM) (Entered: 09/13/2005)
95 ORDER Granting 58 NOTICE OF MOTION for Leave to Amend the Complaint . Signed by Judge Alex R. Munson on 09/06/2005. (MGM, ) (Entered: 09/13/2005)
96 Second AMENDED COMPLAINT, Civil Rights - Employment Discrimination against Micro Pacific Development, Inc. with Jury Demand, filed by Equal Employment Opportunity Commission.(ACH) (Entered: 09/19/2005)
97 SCHEDULING ORDER: Combined Status/Settlement Conference set for 9/9/2005 09:00 AM in Chambers before U.S. District Judge Alex R. Munson.

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09/07/2005 09/07/2005 09/07/2005
09/14/2005 09/14/2005 09/15/2005 09/15/2005 09/15/2005 09/20/2005 11/21/2005 11/22/2005 12/14/2005
12/14/2005 12/16/2005

Signed by Judge Alex R. Munson on 09/06/05. (ACH) (Entered: 09/19/2005)
98 REQUEST by Plaintiff's Counsel to Appear by Telephone at Status/Settlement Conference set for September 9, 2005 at 9:00 AM filed by Linda Ordonio-Dixon, Equal Employment Opportunity Commission. (ACH) (Entered: 09/19/2005)
99 ORDER denying 98 REQUEST by Plaintiff's Counsel to Appear by Telephone at Status/Settlement Conference. Signed by Judge Alex R. Munson on 09/07/05. (ACH) (Entered: 09/19/2005)
100 SCHEDULING ORDER: Combined Status/Settlement Conference originally set for 09/09/2005 is now set for 09/16/2005 10:30 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 09/07/05. (ACH) (Entered: 09/19/2005)
102 Preliminary Expert Witness REPORT of Amy Oppenheimer by Equal Employment Opportunity Commission. (ACH) (Entered: 09/19/2005)
103 ANSWER to Second Amended Complaint with Jury Demand by Micro Pacific Development, Inc.. Related document: 96 Second Amended Complaint filed by Equal Employment Opportunity Commission.(ACH) (Entered: 09/19/2005)
104 PROOF OF SERVICE by Micro Pacific Development, Inc. re 103 Answer to Second Amended Complaint. Served upon Equal Employment Opportunity Commission, Linda Ordonio-Dixon by mail. (ACH) (Entered: 09/19/2005)
105 PROOF OF SERVICE by Micro Pacific Development, Inc. re 103 Answer to Second Amended Complaint. Served upon Equal Employment Opportunity Commission, Linda Ordonio-Dixon by fax. (ACH) (Entered: 09/19/2005)
106 PROOF OF SERVICE by Micro Pacific Development, Inc. re 103 Answer to Second Amended Complaint. Served upon Equal Employment Opportunity Commission, Linda Ordonio-Dixon by email. (ACH) (Entered: 09/19/2005)
107 Second AMENDED COMPLAINT, Civil Rights - Employment Discrimination against Micro Pacific Development, Inc. with Jury Demand, filed by Equal Employment Opportunity Commission.(MGM) (Entered: 10/11/2005)
108 ORDER Setting Status Conference - Status Conference set for 11/22/2005 at 4:30 PM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 11/21/05. (ACH) (Entered: 11/22/2005)
Minute Entry for proceedings held before Judge Alex R. Munson: In Chambers Conference held at 4:30 p.m., on 11/22/2005. (FMC) (Entered: 11/23/2005)
Minute Entry for proceedings held before Judge Alex R. Munson: A Status Conference was held on 12/14/2005 from 9:00 a.m. to 9:45 a.m. Plaintiff represented by EEOC Attorney Linda Ordonio-Dixon, Defendant represented by Michael Dotts and Colin Thompson. (FMC) (Entered: 12/14/2005)
109 ORDER Status Conference held on 12/14/05 continued to 12/16/05, 10:00 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 12/14/05. (FMC) (Entered: 12/14/2005)
Minute Entry for proceedings held before Judge Alex R. Munson: Status Conference held on 12/16/05, beginning 10:00 and ending 10:15 a.m.Linda

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12/21/2005 12/27/2005

Ordonio-Dixon by telephone from San Francisco for Plaintiff.Michael Dotts for Defendants. (FMC) (Entered: 12/16/2005)
110 JOINT Consent Decree. Signed by Judge Alex R. Munson on 12/21/2005. (TTP) (Entered: 12/27/2005)
111 NOTICE of Motion and Motion to Dismiss Lawsuit Pursuant to Consent Decree, Order of Dismissal. Signed by Judge Alex R. Munson on 12/27/2005. (TTP) (Entered: 12/27/2005)

PACER Service Center

Transaction Receipt

06/09/2007 00:19:27

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:04-cv-00028

Billable Pages: 7

Cost:

0.56

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 EEOC LITIGATION SETTLEMENT REPORT - December 2005

http://www.eeoc.gov/litigation/settlements/settlement12-05.html

EEOC v. Micro Pacific Development, Inc., dba Saipan Grand Hotel and Asia Pacific Hotels, Inc., dba Saipan Grand Hotel No. 04-0028 (D. N. Mar. I. Dec. 23, 2005)
The San Francisco District Office filed this Title VII case alleging that Micro Pacific Development (MPD), a corporation that operates upscale hotels on the island of Saipan, subjected charging party and other female kitchen workers to egregious sexual harassment at the Saipan Grand Hotel. In 1997, MPD assigned charging party, an assistant cook, to work the early evening shift with a newly hired male assistant chief cook. On a daily basis, the assistant chief cook touched charging party's breasts and buttocks and made unwelcome sexual comments. He frequently asked her for sexual favors. The harassment ceased after charging party complained to her supervisor, but resumed when the supervisor left the company in 2001 and by 2002 it had escalated to include a number of sexual assaults and at least one attempted rape. After the attempted rape, charging party told her supervisor that assistant chief cook had touched and harassed her and that she could no longer work with him. MPD conducted an investigation and and suspended the assistant chief cook for 5 days without pay and forced him to write a letter of apology to charging party. When MPD refused to transfer the assistant chief cook to another department, charging party transferred to housekeeping so she would not have to come into contact with him. The assistant chief cook's contract with MPD expired in July 2003 and was not renewed.
Under the 3-year consent decree resolving this case, MPD will pay $175,000 in compensatory damages to charging party and three other women. The charging party will receive $100,000 and the other women $30,000, $30,000, and $15,000. After the EEOC filed suit, MPD sold the Saipan Grand Hotel to Asia Pacific Hotels, Inc. (APHI), which participated in the settlement talks and signed the decree as MPD's successor. The decree provides that APHI will revise its complaint procedure to encourage employees to come forward with complaints of sexual harassment and/or retaliation. APHI is prohibited from employing the assistant chief cook again, or using him as an independent contractor. MPD represents in the decree that it will dissolve in approximately January 2006. If it does not complete dissolution by February 28, 2006, or if it reestablishes its business, it will undertake specific injunctive relief set forth in the decree and will be prohibited from ever employing or contracting with the assistant chief cook.

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