Case: EEOC v. Chaminade University

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT − Civil Rights Employment Discrimination (42 USC 2000e, et seq); Summons (issued) − filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(emt, ) (Entered: 03/09/2006)

Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/5/2006 before JUDGE BARRY M. KURREN − Signed by Judge HELEN GILLMOR on 3/7/06. (emt, ) (Entered: 03/09/2006)

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Chaminade University waiver sent on 3/17/2006, answer due 5/16/2006. (Esparza−Cervantes, Elizabeth) (Entered: 04/20/2006)

Defendant's ANSWER to Complaint Filed March 7, 2006 by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/12/2006)

REPORT of Planning Meeting per Fed. R. Civ. P 26 (f) and [Proposed Order] − by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 5/23/2006 to add text (emt, ). Modified on 5/23/2006 (emt, ). (Entered: 05/22/2006)

Scheduling Conference Statement by Chaminade University. (Ashford, James) (Entered: 05/26/2006)

CERTIFICATE OF SERVICE by Chaminade University re 6 Scheduling Conference Statement (Ashford, James) (Entered: 05/26/2006)

Scheduling Conference Statement by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 05/30/2006)

SUPPLEMENT re 5 Report of Planning Meeting, filed by Equal Employment Opportunity Commission, by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/30/2006)

INITIAL DISCLOSURE by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 05/31/2006)

CERTIFICATE OF SERVICE by Chaminade University re First Combined Discovery Requests to Plaintiff (Ashford, James) (Entered: 10/31/2006)

CERTIFICATE OF SERVICE by Chaminade University re Response to Plaintiff's Request for Production of Documents and Interrogatories (Ashford, James) (Entered: 11/15/2006)

CERTIFICATE OF SERVICE by Chaminade University re Notice of Taking Deposition of Chie McCaughey Upon Oral Examination (Ashford, James) (Entered: 11/21/2006)

NOTICE by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission of Unavailability of Counsel for Plaintiff Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 12/12/2006)

MOTION for PARTIAL Summary Judgment or to Strike Five Defenses & Notice of Motion by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 (ecs, ). (Entered: 02/07/2007)

Declaration re 16 MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion Declaration of Elizabeth Esparza−Cervantes . (Attachments: # 1 Exhibit 1−Charge of Discrimination# 2 Exhibit 2−Notice of Charge# 3 Exhibit 3−Position Statement# 4 Exhibit 4−Letter of Determination# 5 Exhibit 5−Conciliation Failure Letter# 6 Exhibit 6 Complaint# 7 Exhibit 7 Answer# 8 Exhibit 8− Discovery Responses)(Esparza−Cervantes, Elizabeth) (Entered: 02/07/2007)

MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike CONCISE STATEMENT OF FACTS re: Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 2/9/2007 add link 16 and clarify title of pleading (ecs, ). (Entered: 02/07/2007)

MOTION for Summary Judgment re Failure to Mitigate Damages by Chaminade University. (Attachments: # 1 Main Document Defendant's Motion for Summary Judgment re Failure to Mitigate Damages# 2 Memorandum Memorandum in Support of Motion# 3 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

CONCISE STATEMENT in Support of Defendant's Motion for Partial Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Affidavit of James H. Ashford# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

MOTION for Partial Summary Judgment re Punitive Damages by Chaminade University. (Attachments: # 1 Memorandum in Support of MPSJ# 2 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

CONCISE STATEMENT in Support Motion for Partial Summary Judgment re Punitives filed by Chaminade University. (Attachments: # 1 Declaration Streeter# 2 Declaration Lee# 3 Affidavit Harrison# 4 Affidavit McCall# 5 Affidavit Adams# 6 Exhibit A# 7 Exhibit B# 8 Exhibit C# 9 Exhibit D# 10 Exhibit E# 11 Exhibit F# 12 Exhibit G# 13 Exhibit H# 14 Exhibit I# 15 Exhibit J# 16 Certificate of Service)(Ashford, James) (Entered: 02/07/2007)

CORRECTIVE ENTRY. Exhibit 1 of Docket number 17 contains personal identifiers. Counsel is advised to refer to the "Amended General Order Adopting Electronic Case Filing Procedures", section 11 − 11.1 "Personal Identifiers" through 11.3 "Responsibilty of Counsel".(ecs, ) (Entered: 02/09/2007)

CORRECTIVE ENTRY. The entry docket number 18 MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS filed by Equal Employment Opportunity Commission was filed incorrectly using the wrong event (Motions). Since the pleading is a not a Motion but a Concise Statement of Facts re: Motion for Partial Summary Judgment, the proper event to use is "Concise Statement of Facts", which can be found under "Motions & Related Filings/Responses and Replies". Please also link the Concise Statement to the Motion when prompted. Docket entry 18 will be terminated by CRM and entry 18 will be modified and linked to 16 by the Clerk's Office. (ecs, ) (Entered: 02/09/2007)

NOTICE of Hearing on Motions'− 16 −MOTION for Summary Judgment or to Strike Five Defenses, 21 −MOTION for Partial Summary Judgment re Punitive Damages, 18 −MOTION for Partial Summary Judgment of Five Defenses & Motion to Strike−CONCISE STATEMENT OF FACTS and 19 −MOTION for Summary Judgment re Failure to Mitigate Damages set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (lls, ) (Entered: 02/08/2007)

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses & Notice of Motion set for 4/20/2007 continued to 4/19/2007 @l0:00 a.m. before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/13/2007)

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 10:00 AM before JUDGE SAMUEL P KING. (Judge SAMUEL P KING )(lls, ) (Entered: 03/14/2007)

MEMORANDUM in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 Motion for Patitial Summary Judgment re: Punitive Damages (ecs, ). (Entered: 03/26/2007)

CONCISE STATEMENT in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/27/2007 to add link to 19 (ecs, ). (Entered: 03/26/2007)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 26 Memorandum in Opposition to Motion ;Concise Statement of Facts; and Esparza−Cervantes Declaration (Esparza−Cervantes, Elizabeth) (Entered: 03/26/2007)

CORRECTIVE ENTRY. No link to pleading re: entry docket number 26 Memorandum in Opposition to Defendant's Partial Motion for Summary Judgment re: Punitive Damages and 27 Concise Statement in Opposition to Motion. For future filings, the filing party is reminded to "link" responsive pleadings to the appropriate motion/pertinent document. The Office of the Clerk has modified the docket text to create the "link" to the Partial Motion. (ecs, ) (Entered: 03/27/2007)

RESPONSE in Opposition to Defendant's Partial Motion for Summary Judgment Re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

CONCISE STATEMENT in Opposition Defendant's Motion for Partial Summary Judgment re: Mitigation filed by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission For EEOC's Opposition to Defendant's Motion for Partial Summary Judgment re: Mitigation (Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

Declaration Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Esparza−Cervantes, Elizabeth) Modified on 3/28/2007 to create link to 19 (ecs, ). (Entered: 03/27/2007)

Additional Exhibits to 33 Declaration, Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C# 2 Exhibit C# 3 Exhibit C# 4 Exhibit C# 5 Exhibit C# 6 Exhibit C)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit D# 2 Exhibit D# 3 Exhibit D# 4 Exhibit D# 5 Exhibit D# 6 Exhibit D# 7 Exhibit D)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

Additional Exhibits to 33 Declaration, of Esparza−Cervantes in Support of Opposition to Defendant's Motion for Partial Summary Judgment re: Punitive Damages filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit E# 2 Exhibit E# 3 Exhibit F# 4 Exhibit F# 5 Exhibit F)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

Errata re 32 Declaration of Esparza−Cervantes in Support of Opposition to Defendant's Partial Motion for Summary Judgment re: Mitigation . (Attachments: # 1)(Esparza−Cervantes, Elizabeth) (Entered: 03/27/2007)

CORRECTIVE ENTRY − No Cover Sheet (Counsel ID, case number, parties, case caption, document description) included for entry docket numbers 36 Additional Exhibits, 35 Additional Exhibits 34 Additional Exhibits that would clarify the filing of these additional exhibits, filed by Equal Employment Opportunity Commission. (ecs, ) (Entered: 03/28/2007)

RESPONSE in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)

CONCISE STATEMENT in Support re 19 MOTION for Summary Judgment re Failure to Mitigate Damages (Supplemental Statement) filed by Chaminade University. (Attachments: # 1 Declaration of James H. Ashford# 2 Exhibit D# 3 Certificate of Service)(Ashford, James) (Entered: 04/02/2007)

Errata re 29 Response in Opposition to Motion, 35 Additional Exhibits, 34 Additional Exhibits, 30 Concise Statement in Opposition to Motion, 33 Declaration, 31 Certificate of Service, 36 Additional Exhibits, 32 Declaration, And Request that Court Accept Documents Docketed Numbers 29 to 36 . (Esparza−Cervantes, Elizabeth) (Entered: 04/02/2007)

REPLY to Response to Motion re 21 MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University. (Attachments: # 1 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)

CONCISE STATEMENT in Support Motion for Partial Summary Judgment Re: Punitive Damages Filed 2/7/07 (Supplemental) filed by Chaminade University. (Attachments: # 1 Declaration of Christian K. Adams# 2 Declaration of Frank Damm# 3 Exhibit K# 4 Exhibit L# 5 Certificate of Service)(Adams, Christian) (Entered: 04/02/2007)

EO: 21 −MOTION for Partial Summary Judgment re Punitive Damages, 19 −MOTION for Summary Judgment re Failure to Mitigate Damages and 16 −MOTION for Summary Judgment or to Strike Five Defenses set for hearing on 4/13/2007 @l0:00 a.m. will now be set for 2:00 p.m. on the same date before JUDGE SAMUEL P KING. Judge King has decided to attend the District Conference in the morning and is not available for Hearings set in the morning. (Judge SAMUEL P KING )(lls, ) (Entered: 04/05/2007)

Errata to Defendant's Supplemental Statement of Facts in Support of its Motion for Partial Summary Judgment re: Punitive Damages Filed 2/7/07 . (Attachments: # 1 Declaration of Frank Damm# 2 Certificate of Service)(Adams, Christian) Modified on 4/9/2007 to add link to 42 . (ecs, ). (Entered: 04/06/2007)

STIPULATION TO DISMISS FIRST, THIRD, FOURTH, SIXTH AND EIGHTH DEFENSES OF DEFENDANTS ANSWER FILED ON MAY 12, 2006 AND ORDER 16 . Signed by Judge SAMUEL P KING. (ecs, ) [Defendant dismisses the First Defense (Failure to State a Claim Upon Which Relief Can Be Granted), Third Defense (Waiver, Estoppel and Laches), Fourth Defense (Statute of Limitations), Sixth Defense (Failure to Exhaust Administrative Remedies) and Eighth Defense (Punitive Damages Barred by Constitution) asserted in Defendants Answer to Complaint. Parties further stipulate and agree that each party will bear its own attorneys fees and costs related to the dismissed defenses, and to the EEOCs claims at issue in Defendants motions for partial summary judgment regarding punitive damages and mitigation. (Entered: 04/11/2007)

COURT'S CERTIFICATE of Service − a copy of 45 Stipulation to Dismiss First, Third, Fourth, Sixth and Eight Defenses of Defendants Answer has been served by First Class Mail to the addresses of record on 4/11/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/11/2007)

EP:Motions' Hearing held on 4/13/2007−Re 19 −MOTION for Summary Judgment re Failure to Mitigate Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. 21 −MOTION for Partial Summary Judgment re Punitive Damages filed by Chaminade University−Oral Argument Held. Motion is hereby Denied. Motions' Terminated. Plaintiff's Counsel−Elizabeth Esparza−Cervantes−Present and Defendants Counsel−James Ashford and Christian Adams−Present. (Court Reporter Debra Chun.) (Judge SAMUEL P KING )(lls, ) Modified on 4/16/2007 (lls, ). (Entered: 04/16/2007)

RULE 16 SCHEDULING ORDER: Signed by Judge BARRY M. KURREN on 4/19/07. (ecs, ) (Entered: 04/20/2007)

COURT'S CERTIFICATE of Service − a copy of 47 Rule 16 Scheduling Order has been served by First Class Mail to the addresses of record on 4/20/07. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 04/20/2007)

EP: Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 2 − 3:35) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)

CERTIFICATE OF SERVICE by Chaminade University for Notice of Taking Deposition of Raymond J. Griffin, Jr., Upon Oral Examination; Noticeo of Taking Deposition of Mary Bartholomew Upon Oral Deposition (by Telephone); Notice of Taking Deposition Upon Oral Examination Pursuant to FRCP Rule 30(b)(6) (EEOC Representative) (Ashford, James) (Entered: 04/27/2007)

EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 8:35 − 8:45) (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)

CERTIFICATE OF SERVICE by Chaminade University for First Amended Notice of Taking Deposition of Mary Bartholomew Upon Oral Examination by Telephone (Ashford, James) (Entered: 04/30/2007)

EO: Further Settlement Conference is set for 5/3/2007 at 11:30 AM Hawaii time before JUDGE BARRY M. KURREN. Mr. Ashford and Ms. Esparza−Cervantes to participate by phone. (Judge BARRY M. KURREN)(rwy) (Entered: 05/02/2007)

EP: Further Settlement Conference held. No settlement at this time. Further conference on call. (FTR−Ctrm Chambers, 11:30 − 11:45) (Judge BARRY M. KURREN)(rwy) (Entered: 05/03/2007)

NOTICE of Hearing:Status Conference Re−Resetting the Trial, Final PreTrial Conference, PreTrial Statement and Trial related Deadlines set for 5/29/2007 09:00 AM before JUDGE BARRY M. KURREN. Judge S. King is unavailable for the Trial Date of July 10, 2007.(lls, ) (Entered: 05/16/2007)

EP: Status Conference Re Dates − case close to settlement. Elizabeth Esparza−Cervantes to notify court when the settlement is finalized. Court will then set a Status Conference by which time a Stipulation for Dismissal shall be filed. (FTR−Ctrm C6 no record, 9:20 − 9:24) (Judge BARRY M. KURREN)(rwy) (Entered: 05/29/2007)

SETTLEMENT AGREEMENT IN THE FORM OF [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 06/07/2007)

EO:Jury Selection/Jury Trial to follow set for 7/10/2007 is hereby vacated per 56 −Settlement Agreement in the Form of [Proposed) Consent Decree. (Judge SAMUEL P KING )(lls, ) (Entered: 06/12/2007)

CONSENT DECREE 56 . Signed by Judge SAMUEL P KING on 6/19/07. (Consent Decree prepared by counsel) . [This Court has jurisdiction over the subject matter of this action and over the Parties for the purposes of entering and enforcing this Consent Decree for a period of four (4) years from entry of this Decree. The Complaint asserts claims that, if proven, would authorize the Court to grant the relief set forth in this Decree. This Court will retain jurisdiction over this Decree for all purposes until the expiration of Chaminades obligations as set forth herein. This Consent Decree shall terminate four (4) years from the date of entry by the court, unless the Commission petitions this court for an extension of the Decree because of noncompliance by Chaminade. If the Commission determines that Chaminade has not complied with the Decree, the Commission will provide written notification of the alleged breach to Chaminade and will not petition the court for enforcement sooner than sixty (60) days after providing written notification. The sixty−day period following written notice shall be used by the parties for good faith efforts to resolve the issue. If the Commission petitions the court and the court finds Chaminade to be in substantial violation of the terms of the Consent Decree, the court may extend this Consent Decree. Except as provided in the preceding paragraph, four (4) years after the entry of this Consent Decree, this lawsuit will be dismissed with prejudice, provided that the Chaminade has complied substantially with the terms of this Consent Decree. Chaminade will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree that Chaminade has failed to comply with any of the terms of this Decree.] (ecs, ) (Entered: 06/20/2007)

ORDER ADMINISTRATIVELY CLOSING ACTION. Signed by JUDGE SAMUEL P KING on 3/12/10. ~ For administrative purposes only, this action is closed without prejudice. The action is subject to reopening for further matters upon appropriate motion or filing by any party or by notice from the Court, and as contemplated by the terms of the June 2007 consent decree. The Clerk shall terminate this action from the active docket, without issuing a judgment. (ecs, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/12/2010)