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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ANTIGUA, INC" d/b/a MIIG'S COFFEE SHOP)

and d/b/a THE BUTCHER SHOP,

)

)

Defendant.

)

)

CN- 01 861 10R_«1' l?o @AICIA

CV

Karen B. Malzen

COMPLAINT JURY TRIAL DEMANDED

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 by the Equal Employment Opportunity Commission (the "Commission") to

correct unlawful employment practices on the basis of sex, and to provide appropriate relief to

Michelle Jaramillo who was adversely affected by such practices, The Commission alleges that

defendant subjected Michelle Jaramillo to unwelcome physical and verbal conduct of a sexual

nature, which created an intimidating, hostile, and abusive working environment. The

Commission also alleges that Defendant's discriminatory treatment of Michelle Jaramillo

caused her to be discharged.

\

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e, et ~("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. The Plaintiff, the Commission, is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e5(f)(1) and (3). 4. At all relevant times to this action, the Defendant, Antigua, Inc., d/b/a Miki's Coffee Shop and d/b/a The Butcher Shop (the "Defendant" or "employer"), has continuously been doing business in the State of New Mexico and the City of Gallup and has continuously had at least fifteen employees. 5. At all relevant times, the Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b)(g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michelle Jaramillo filed a charge with the Commission alleging violations of Title VII by Antigua, Inc., d/b/a Miki's Coffee Shop and d/b/a The Butcher Shop. All conditions precedent to the institution of
2

this lawsuit have been fulfilled. 7. Since at least April 1999, Defendant has engaged in unlawful employment
practices at its Gallup, New Mexico, coffee shop/restaurant in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). These practices include the sexual harassment of Michelle Jaramillo, who worked as a waitress at Miki's Coffee Shop. The Commission alleges that Defendant's management official subjected Michelle Jaramillo, who was fifteen years of age at the time, to severe and/or pervasive sexual harassment, which included the sexual assault of Ms. Jaramillo. The Commission further alleges that Michelle Jaramillo felt compelled to resign from her employment with Defendant because of the sexual harassment.
8. The effect of the practices complained of above has been to deprive Michelle Jaramillo of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraphs 7-8 were intentional.
10. The unlawful employment practices complained of in paragraphs 7-8 were done with malice and/or reckless indifference to the federally protected rights of Michelle Jaramillo.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Antigua, Inc., d/b/a Miki's Coffee Shop and d/b/a The Butcher Shop, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex, including sexual harassment.
3

B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals who are female and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring defendant to pay appropriate back wages in an amount to be proved at trial, and prejudgment interest to Michelle Jaramillo, who was adversely affected by the unlawful practices described above.
D. Order Defendant to make whole Michelle Jaramillo, who was adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to rightful place reinstatement and/or front pay, and providing compensation for past and future pecuniary losses, including any costs incurred for obtaining medical treatment or counseling, in amounts to be proved at trial.
E. Order Defendant to make whole Michelle Jaramillo who was adversely affected by the unlawful employment practices described above, by providing compensation for nonpecuniary losses, including emotional pain, suffering, loss of enjoyment of life, and humiliation in amounts to be determined at trial.
F. Order Defendant to pay Michelle Jaramillo, who was adversely affected by the unlawful employment practices described above, punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
4

JURY TRIAL DEMANDED

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

DATED this 26th day of July, 2001.

Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

1801 L Street, NW

Washington, D.C. 20507

"A. . )/1 . 7J .X!.('--:_~<IA.,,A--

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(J - C. EMANUEL SMITH

OffL

Ac~ting . Regi~ onal , Attor1 ney'I/ U.~~

--SANDRA J. PADEofMAS

Acting Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
\-Z7Ju~
VERONICA A. MOLINA Trial Attorney

LORETTA MEDINA Senior Trial Attorney

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

Attorneys for Plaintiff

5

 
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, MICHELLE JARAMILLO,
Applicant in Intervention,
VS.

No. CIV - 01 861 MIKBM
COMPLAINT IN INTERVENTION

ANTIGUA, INC., d/b/a MIKI'S COFFEE SHOP and d/b/a THE BUTCHER SHOP,
Defendant.

PARTIES. JURISDICTION & VENUE I. Plaintiff Michelle Jaramillo, hereinafter referred to as Jaramillo, is presently a resident of Bemalillo County, New Mexico. At all times relevant to this action, she was a resident of Gallup, New Mexico and an employee of Defendant. 2. Plaintiff Equal Employment Opportunity Commission, hereinafter referred to as the Commission, is an agency of the United States of America, charged with the administration, interpretation and enforcement of Title VII. 3. At all times relevant to this action, Defendant Antigua, Inc., d/b/a Miki's Coffee Shop and d/b/a The Butcher Shop, hereinafter referred to as Antigua, has continuously been doing business in the State of New Mexico in the City of Gallup and is an employer of 15 or more employees, as defined by Title VII of the Civil Rights Act (42 U.S.C. §2000-e et seq.) as amended. 4. This Court has jurisdiction pursuant to 28 U.S.c. §1331 et seq., and 42 U.S.C. §2000-e et seq.

\\

1

5. This action arises under the Civil Rights Act of 1964, as amended by

2 the Civil Rights Act of 1991 (Title VII), 42 U.S.c. §2000-e, et seq.

3

6. The unlawful employment practices and other acts which give rise to

4 this Complaint were committed in Gallup, New Mexico and are within the jurisdiction

5 and venue of the United States District Court for the District of New Mexico.

6

7. Jaramillo timely filed charges of discrimination with the Equal

7 Employment Opportunity Commission and has satisfied all conditions precedent to the

8 filing ofthis action.

9

8. On June 6, 2001, upon completion of its investigation of Jaramillo'S

10 charges, the Commission issued a Detennination that there was cause to conclude that

11 Antigua had unlawfully discriminated against Jaramillo based on sex, a true and

12 correct copy of which is attached hereto as Exhibit A.

13

14

ALLEGATIONS COMMON TO ALL CLAIMS

15

9. Jaramillo was employed by Antigua from March 7, 1999 through

16 April 27, 1999 as a waitress at Miki's Coffee Shop.

17

10. At all times relevant to this Complaint, Jaramillo was a 15 year old,

18 tenth grade high school student who was employed for the first time.

19

11. At all times relevant to this Complaint, Jaramillo was under the direct

20 supervision and control of Antigua's assistant manager, Camarino Sanchez,

21 hereinafter referred to as Sanchez.

22

12. Shortly after Jaramillo began her employment, she was subjected to

23 repeated sexually inappropriate comments, suggestions and touching by Sanchez,

24 culminating in the rape ofJaramillo by Sanchez on April 25, 1999.

25

13. Sanchez had sexually harassed fonner female employees of Antigua

26 and created a hostile work environment, such that said employees felt compelled to

27 resIgn.

28

2

1

14. Antigua knew that Sanchez engaged in harassing behavior towards its

2 female employees and of the resignation from employment by female employees due

3 to the hostile work environment.

4

15. Antigua took inadequate action to either protect its female employees,

5 including Jaramillo, from the sexually harassing behavior of Sanchez or to discipline

6 Sanchez.

7

16. As a result of said sexual harassment and the hostile work

8 environment created by Antigua, Jaramillo was compelled to resign from her

9 employment with Antigua.

10

17. The sexual harassment Jaramillo suffered while in Antigua's employ

11 has caused her to suffer extreme stress and anxiety, depression and physical ailments

12 including headaches, stomach aches and sleeplessness.

13

18. Pursuant to Rule 38(b) of Federal Rules of Civil Procedure, Jaramillo

14 exercises her right to demand a trial by jury.

15

16

COUNT I

17

(Title VII - Gender Discrimination)

18

19. Jaramillo incorporates each and every allegation of this Complaint as

19 if fully set forth herein.

20

20. Jaramillo is within a protected class (female) and was treated

21 differently by Antigua from male co-workers in the terms and conditions of her

22 enployment.

23

21. Antigua subjected Jaramillo to a hostile work environment.

24

22. Antigua's actions toward Jaramillo were violations of the Civil Rights

25 Act of 1964, as amended by the Civil Rights Act of 1991 (Title VII).

26

23. Jaramillo has suffered damages as a result of Antigua's violations of

27 Title VII.

28

3

1

COUNT II

2

(Negligent Infliction of Emotional Distress)

3

24. Jaramillo incorporates each and every allegation of this Complaint as

4 if fully set forth herein.

5

25. Antigua's employee, Sanchez, negligently inflicted severe emotional

6 distress upon Jaramillo by the outrageous conduct described above.

7

26. The actions of Antigua's assistant manager, Sanchez, were done

8 within the course and scope of his employment with Antigua.

9

27. Sanchez' actions toward Jaramillo were malicious, willful and done

10 with a wanton and reckless disregard of Jaramillo.

11

28. Antigua is vicariously liable for Sanchez' actions under the doctrine

12 of respondeat superior.

13

29. Antigua knew that Sanchez engaged in sexually harassing behavior

14 towards its female employees.

15

30. Antigua failed to take reasonable action to protect Jaramillo from the

16 sexually harassing behavior of Sanchez.

17

31. As a direct and proximate result of Antigua's failure to take

18 reasonable steps to either protect Jaramillo or discipline Sanchez, Antigua negligently

19 inflicted emotional distress on Jaramillo.

20

32. As a result of the negligent infliction of emotional distress, Jaramillo

21 suffered severe emotional distress and physical injury.

22

23

COUNT III

24

(Intentional Infliction of Emotional Distress)

25

33. Jaramillo incorporates each and every allegation of this Complaint as

26 iffully set forth herein.

27

34. Antigua's employee, Sanchez, intentionally inflicted severe emotional

28

4

1 distress upon Jaramillo by the outrageous conduct described above.

2

35. The actions of Antigua's assistant manager, Sanchez, were malicious,

3 willful and done with a wanton and reckless disregard of Jaramillo.

4

36. The actions of Antigua's assistant manager, Sanchez, were done

5 within the course and scope of his employment with Antigua.

6

37. Antigua is vicariously liable for the actions of its assistant manager

7 under the doctrine of respondeat superior.

8

38. Antigua knew of Sanchez' sexual harassment of its female employees,

9 including Jaramillo, and intentionally allowed the harassment to continue.

10

39. As a direct and proximate result of Antigua's allowance of sexually

11 harassing behavior in the workplace, Antigua intentionally inflicted emotional distress

12 on Jaramillo.

13

40. Antigua's actions were malicious, willful and done with a wanton and

14 reckless disregard of Jaramillo.

15

41. As a result of this intentional infliction of emotional distress, Jaramillo

16 suffered severe emotional distress and physical injury.

17

18

COUNT IV

19

(Negligent Supervision)

20

42. Jaramillo incorporates each and every allegation of this Complaint as

21 iffully set forth herein.

22

43. Antigua had a duty to properly supervise all of its employees,

23 including its assistant manager, Sanchez.

24

44. By the outrageous conduct described above, Antigua breached this

25 duty of care.

26

45. Antigua's actions were malicious, willful and done with disregard of

27 Jaramillo.

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I

46. As a direct and proximate result of Antigua's breach of duty of care,

2 Jaramillo has suffered and will continue to suffer severe emotional distress and

3 physical injury.

4

5

COUNT V

6

(Negligent Failure to Provide a Safe Work Environment)

7

47. Jaramillo incorporates each and every allegation of this Complaint as

8 if fully set forth herein.

9

48. Antigua had a duty to provide Jaramillo with a safe work

10 environment.

II

49. By the outrageous conduct described above, Antigua breached these

12 duties of care.

13

50. Antigua's actions were malicious, willful and done with disregard of

14 Jaramillo.

15

51. As a direct and proximate result of Antigua's breach of duty of care,

16 Jaramillo has suffered and will continue to suffer severe emotional distress and

17 physical injury.

18

COUNT VI

19

(Assault and Battery)

20

52. Jaramillo incorporates each and every allegation above as though fully

21 set forth herein.

22

53. Sanchez' sexual remarks and comments to Jaramillo caused her to

23 suffer fear and apprehension regarding Sanchez' intended sexual action towards her.

24

54. Sanchez' physical sexual acts were unwelcome and unpermitted by

25 Jaramillo and constituted a battery.

26

55. Sanchez' abuse of Jaramillo as described above was intentional,

27 outrageous and offensive conduct which caused and continues to cause her severe

28

6

1 emotional distress.

2

56. The actions of Sanchez were malicious, willful and intentional.

3

57. As a direct and proximate result of Sanchez' assault and battery of

4 Jaramillo, she suffered extreme emotional distress and physical injuries.

5

58. Antigua is vicariously liable for Sanchez' action under the doctrine of

6 respondeat superior.

7

8

9

PRAYER FOR RELIEF

10

Based on the foregoing, Plaintiffs respectfully request the Court to award

11 Jaramillo the following relief against Antigua:

12

A. Issue a declaratory judgment declaring that Antigua's conduct violated

13

Plaintiffs' rights under the Civil Rights Act of 1964, 42 U.S.c. §2000em as

14

amended by the Civil Rights Act of 1991,42 U.S.C. §1981a;

15

B. Issue a permanent injunction enjoining Antigua from engaging in

16

sexual discrimination;

17

C. Issue a permanent injunction against Antigua to implement and enforce

18

policies which provide equal employment opportunities for its employees

19

and which eradicate the effects of its past discriminatory practices;

20

D. Issue Plaintiff an award of back pay and front pay against Antigua;

21

E. Compensatory damages against Antigua for physical and emotional

22

damages;

23

F. Punitive damages against Antigua in an amount sufficient to deter the

24

type of tortious and statutorily prohibited conduct complained of herein; and

25

G. Award Plaintiff all other relief that is just, equitable and appropriate

26

under the circumstances.

27

III

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1

RESPECTFULLY SUBMITTED this '$~ day of February, 2002.

2

LAW OFFICE OF SARA J. POWELL

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8170 North 86th Place, Suite 102

Scottsdale, Arizona 85258-4308

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Telephone: (480) 596-8822

Attorney for Intervening Plaintiff

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1 Original Complaint mailed to Clerk of the District Court this
2 4th day of March, 2002.

3 COPY of the foregoing Complaint mailed this 4th day of March,
4 2002, to:

5 Sandra Padegimas

Acting Supervisory Trial Attorney

6

for the Plaintiff EEOC

Phoenix District Office

7 3300 N. Central Ave., Ste. 690

Phoenix, AZ 85012

8

Veronica Molina

9 Trial Attorney for the Plaintiff EEOC

505 Marquette NW, Ste 900

10 Albuquerque, NM 87102

11 Mario and Mary Morales

11662 Desert Hills

12 13

S<u~n)7C.it•y,tAiZu8L53U5.1te Ie)

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Albuquerque District Office

505 Marquette, S,W., Suite 900

Albuquerque. NM 87102 (505) 248-5201
TTY (505) 248-5240 FAX (505) 248-5233

Charge Number: 390A00429

Michelle L. Jaramillo 1716 Boulder Road Gallup,1'<'M 87301
v.
Antigua, Inc., d/b/a/ Miki's Coffee shop and d/b/a The Butcher Shop 2003 West Highway 66 Gallup, NM 87301

Charging Party Respondent

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DETERMINATION
Under the authority vested in me by the Commission, I issue the following determination as to the merits of the subject charge filed under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e, et. Seq. (Title VII).
Respondent is an employer as defined by Title VII. All requirements for coverage have been met.
The Charging Party filed a charge of discrimination with the Equal Employment Opportunity Commission on February 7, 2000, alleging she was discriminated against because of her sex, female in violation of Title VII of the Civil Rights Act of 1964, as amended. In her charge, Charging Party alleged she had been sexually harassed by her supervisor. Charging Party further alleged that as a result of the sexual harassment, she was forced to leave her employment.
The Commission's investigation revealed that Charging Party was subjected to verbal and physical conduct by her supervisor because of her sex. This conduct created a hostile work environment for the Charging Party. As a result of the environment, Charging Party was forced to resign her position.

- - - - ~------------- . . . .

Based on this analysis I have determined that there is reasonable cause to belie\'e that the Respondent violated Section 703 of Title VII when it subjected Charging Party to harassment because of her sex and constructively discharged her.

Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter.

If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Enforcement Manager is not obtained, the Enforcement Manager will infornl the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission.

On behalf of the Commission:

t i .' -
, ~~¥/;~-t?

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GeorgiaMarchb~nks

Enforcement Manager

Copy to:

Nicholas R Gentry, L.L.c. 902 RomaNW Albuquerque, NM 87102

Sara J. Powell Attorney at Law 11801 North Tatum Blvd. Suite 247 Phoenix, AZ 85028

2

 
 FILED
UNITED STATES DISTRICT COURT ALBUQUERQUE, NEW MEXICO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

MAR 2 &2002

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

MICHELLE JARAMILLO,

)

)

Intervenor,

)

v.

)

)

ANTIGUA, INC., d/b/a MIKI'S COFFEE SHOP)

and d/b/a THE BUTCHER SHOP,

)

)

Defendant.

)

~~~.:.A
CLERK
CV 01-861 M/KBM

---------------------------)

ORDER OF JUDGMENT BY DEFAULT

THIS MATTER having come before this Court upon Plaintiff's Motion for Default

Judgment, and this Court having reviewed the Clerk's Entry of Default, and being otherwise

well-advised in the premises, FINDS the motion to be well-taken. IT IS THEREFORE ORDERED that Plaintiff's Motion for Default is granted and

Judgment is entered against Defendant in this matter.

IT IS FURTHER ORDERED that Plaintiff may request a hearing on the issue of

damages from the Magistrate Judge assigned to this matter.

THE HONORABLE E.L. MECHEM SENIOR UNITED STATES DISTRICT JUDGE

 
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IN THE UNITED STATES DISTRI~j &Jij~t COURT UI,IT[D STATEr; D:"TRICT .. ~ FOR THE DISTRICT OF NIIDWMEXICO!l ::,FXll,O

OCT /,200l

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

r.ii~·8Mcl

Plaintiff,

MICHELLE JARAMILLO,

Plaintiff in Intervention, vs.

ANTIGUA, INC., d/b/a MIKI'S COFFEE SHOP and d/b/a THE BUTCHER SHOP,

Defendant.

ORDER OF JUDGMENT BY DEFAULT
THIS MATTER having come before this Court upon Plaintiff in Intervention's Motion for Default Judgment and this Court having reviewed the Clerk's Entry of Default, and being otherwise well-advised in the premises, FINDS the motion to be well taken.
It is therefore ORDERED that Plaintiff in Intervention's Motion for Default is granted and Judgment is entered against Defendant in this matter.
IT FURTHER ORDERED that Plaintiff may request a hearing on the issue of damages from the Magistrate Judge assigned to this matter.

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
MICHELLE JARAMILLO,
Plaintiff in Intervention
v.
ANTIGUA, INC. d/b/a MIKI’S COFFEE SHOP and d/b/a THE BUTCHER SHOP,
Defendant.

CIV 01-861 JC/KBM

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
After conducting an evidentiary hearing on the issue of damages where Defendant did not participate despite notice, the Magistrate Judge filed her Proposed Findings and Recommended Disposition on December 31, 2002. Doc. 33. No one filed objections to her proposed findings.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 33) are ADOPTED and a final judgment in conformity with those findings enter concurrently herewith.

_______________________________________ SENIOR UNITED STATES DISTRICT JUDGE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
MICHELLE JARAMILLO,
Plaintiff in Intervention,
v.
ANTIGUA, INC. d/b/a MIKI’S COFFEE SHOP and d/b/a THE BUTCHER SHOP,
Defendant.

CIV 01-861 JC/KBM

FINAL JUDGMENT
Pursuant to the order entered concurrently herewith, the court enters this Final Judgment
under FED. R. CIV. P. 58.
IT IS HEREBY ORDERED AND ADJUDGED that:
1. Defendant is liable under Title VII and common law tort;
2. Plaintiff Jaramillo is awarded $50,000.00 in compensatory and punitive damages under Title VII;
3. Plaintiff Jaramillo is awarded $3,240.00 in back pay under Title VII;
4. Plaintiff Jaramillo is awarded one million dollars ($1,000,000.00) for severe pain, trauma, and permanent psychological injury under common law;
5. Plaintiff Jaramillo is awarded $200,000.00 in punitive damages under common law;
6. Plaintiff Jaramillo is entitled to her reasonable attorney fees and costs in prosecuting this action in intervention.

7. Defendant (its officers, successors, assigns and all persons in active concert or participation with it) is permanently enjoined from engaging in any employment practice which discriminates on the basis of sex, including sexual harassment.
8. Defendant is required to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals who are female and which eradicate the effects of its past employment practices.
9. Defendant is required to notify the EEOC if it reenters business activity in New Mexico; and
10. The EEOC is entitled to its costs in prosecuting this action.
_______________________________________ SENIOR UNITED STATES DISTRICT JUDGE

 
 District Version v3.0.5 LIVE DB - Docket Report

Page 1 of 5

R/D, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:01-cv-00861-JEC-KBM

EEOC v. Antigua, Inc. Assigned to: District Judge John E. Conway Referred to: Magistrate Judge Karen B. Molzen Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 07/26/2001 Date Terminated: 02/03/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra Padegimas EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?197661727573019-L_353_0-1

5/7/2007

District Version v3.0.5 LIVE DB - Docket Report

Page 2 of 5

V.
Defendant
Antigua, Inc. doing business as Miki's Coffee Shop doing business as Butcher Shop, The
Intervenor
Michelle Jaramillo

(602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Antigua, Inc. 11662 Desert Hills Dr Sun City, AZ 85351 PRO SE
represented by Sara J Powell 8170 N 86th Place #102 Scottsdale, AZ 85258-4308 (480) 596-8822 Fax: 596-8824 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/26/2001
07/26/2001 08/06/2001 08/08/2001

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Docket Text

1 COMPLAINT re: civil rights w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge Karen B. Molzen) (eg) (Entered: 07/27/2001)

LETTER re: consent to proceed before a US Magistrate Judge (eg) (Entered: 07/27/2001)

2 NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (rd) (Entered: 08/07/2001)

3 MINUTE ORDER: Case assigned to Senior Judge E. L. Mechem (cc: all counsel*) (rd) (Entered: 08/08/2001)

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?197661727573019-L_353_0-1

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11/20/2001 11/20/2001 11/30/2001
12/20/2001 01/22/2002 02/11/2002 02/19/2002 02/26/2002 03/07/2002 03/20/2002 03/29/2002 04/17/2002 05/07/2002 05/07/2002 05/08/2002 05/28/2002

4 MOTION by pltf to extend time by 90 days in which to serve the complaint and for order permitting re-issuance of a summons (vv) (Entered: 11/21/2001)
5 AFFIDAVIT of Veronica A Molina reg motion to extend time by 90 days in which to serve the complaint [4-1] & motion for order permitting reissuance of a summons [4-2] (vv) (Entered: 11/21/2001)
6 ORDER by Senior Judge E. L. Mechem granting pltf's motion to extend time by 90 days in which to serve the complaint [4-1] & motion for order permitting re-issuance of a summons [4-2] (cc: all counsel) (vv) (Entered: 12/03/2001)
SUMMONS issued as to deft Antigua Inc (vv) (Entered: 12/20/2001)
7 NOTICE by deft (Mary M Morales & Mario M Morales) of filing bankruptcy (vv) (Entered: 01/22/2002)
8 MOTION by intervenor Michelle Jaramillo to intervene as pltf (ild) (Entered: 02/12/2002)
9 ORDER by Senior Judge E. L. Mechem granting intervenor's motion to intervene as pltf [8-1] (cc: all counsel) (vv) (Entered: 02/19/2002)
10 MOTION by pltf for default judgment against deft Antigua, Inc. (vv) (Entered: 02/26/2002)
11 INTERVENOR'S COMPLAINT by intervenor Michelle Jaramillo (vv) (Entered: 03/08/2002)
12 CLERK'S ENTRY OF DEFAULT as to deft (cc: all counsel) (vv) (Entered: 03/20/2002)
13 ORDER of judgment by default by Senior Judge E. L. Mechem granting motion for default judgment against deft Antigua, Inc. [10-1] dismissing case (cc: all counsel) (jrm) (Entered: 03/29/2002)
14 ORDER by Magistrate Judge Karen B. Molzen setting an evidentiary hearing on damages for 5/7/02 at 1:30 pm in Las Cruces, NM (cc: all counsel*) (vv) Modified on 05/08/2002 (Entered: 04/17/2002)
15 CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen re Evidentiary hearing on damages re Order of Judgment by default entered on 3/29/02; C/R: Vanessa Arrieta (vv) (Entered: 05/08/2002)
16 ORDER by Magistrate Judge Karen B. Molzen that matter will be taken under advisement pending service of the complaint in intervention (cc: all counsel*) (vv) (Entered: 05/08/2002)
SUMMONS issued as to deft Antigua, Inc. re complaint in intervention (vv) (Entered: 05/08/2002)
17 NOTICE by intervenor of filng return of service (vv) (Entered: 05/28/2002)

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06/10/2002 06/13/2002 06/24/2002 07/05/2002 09/10/2002 09/20/2002 10/04/2002 10/08/2002 10/09/2002 10/21/2002 10/21/2002 11/21/2002 11/27/2002 11/27/2002 12/12/2002 12/13/2002

18 MOTION by deft to extend time in which to file an answer (no time limit specified) (js) (Entered: 06/11/2002)
19 ORDER by Magistrate Judge Karen B. Molzen that pltf in intervention responds to deft's mtn for extension of time to answer by 6/25/02 [18-1] (cc: all counsel*) (vv) Modified on 06/13/2002 (Entered: 06/13/2002)
20 RESPONSE by intervenor pltf to deft's mtn for extension of time to file an answer [18-1] (vv) (Entered: 06/24/2002)
21 ORDER by Magistrate Judge Karen B. Molzen granting deft's motion to extend time in which to file an answer [18-1]; answer due 8/2/02 to complaint in intervention (cc: all counsel*) (vv) (Entered: 07/08/2002)
22 MOTION by intervenor Michelle Jaramillo for default judgment against deft Antigua, Inc. (vv) (Entered: 09/12/2002)
23 CLERK'S ENTRY OF DEFAULT as to deft Antigua, Inc. [22-1] (cc: all counsel*) (vv) (Entered: 09/20/2002)
24 DEFAULT JUDGMENT by Senior Judge E. L. Mechem granting pltf in intervention's motion for default judgment against deft Antigua, Inc. [221] dismissing case (cc: all counsel) (vv) (Entered: 10/04/2002)
25 ORDER by Magistrate Judge Karen B. Molzen Telephonic Status hearing set for 10/17/02 at 2:00 pm (cc: all counsel*) (vv) (Entered: 10/08/2002)
26 NOTICE of hearing Telephonic Status hearing reset for 10/21/02 at 1:30 pm before Magistrate Judge Molzen (cc: all counsel*) (vv) (Entered: 10/09/2002)
27 NOTICE of evidentiary hearing before Magistrate Judge Molzen on damages on 11/27/02 at 9:00 am in Albuquerque, NM (cc: all counsel*) (vv) (Entered: 10/21/2002)
28 CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen Telephonic Status hearing held Clerk/Dixie Doughty (vd) (Entered: 10/23/2002)
29 PROPOSED Findings of Fact and Conclusions of Law by intervenor Michelle Jaramillo (vv) (Entered: 11/25/2002)
30 CLERK'S MINUTES: before Magistrate Judge Karen B. Molzen re evidentiary hearing on damages; C/R: Irene Delgado (vv) (Entered: 11/27/2002)
31 EXHIBIT list by intervenor Michelle Jaramillo (vv) (Entered: 11/27/2002)
TRANSCRIPT OF PROCEEDINGS of evidentiary hearing before Magistrate Judge Karen B. Molzen held on 11/27/02; (re [30-1] ) lodged in separate file folder (pg) (Entered: 12/12/2002)
TRANSCRIPT OF PROCEEDINGS before Magistrate Judge Karen B.

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12/13/2002 12/31/2002 01/03/2003 02/03/2003 02/03/2003

Molzen of evidentiary hearing held on 11/27/02; (re [30-1]) lodged in separate file folder (dmw) (Entered: 12/13/2002)
32 APPENDIX filed by plaintiff re proposed conclusions of law [29-1] (vv) (Entered: 12/13/2002)
33 RECOMMENDED DISPOSITION by Magistrate Judge Molzen concerning entering judgment against deft in conformity therewith (cc: all counsel*) (vv) (Entered: 01/02/2003)
34 MINUTE ORDER: Case reassigned from Senior Judge Mechem to Senior Judge John E. Conway (cc: all counsel*) (vv) (Entered: 01/03/2003)
35 ORDER by Senior Judge John E. Conway adopting RECOMMENDED DISPOSITION [33-1] (cc: all counsel*) (vv) Modified on 02/04/2003 (Entered: 02/03/2003)
36 FINAL JUDGMENT: by Senior Judge John E. Conway re Order [35-1] dismissing case (cc: all counsel*) (vv) (Entered: 02/03/2003)

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05/07/2007 14:28:12

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Docket Report

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https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?197661727573019-L_353_0-1

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