Case: EEOC v. STERLING BROTHERS CONSTRUCTION INC

1:01-cv-00732 | U.S. District Court for the District of New Mexico

Filed Date: June 26, 2001

Closed Date: Jan. 2, 2003

Clearinghouse coding complete

Case Summary

In June 2001, the EEOC district office in Phoenix, Arizona brought this suit against Sterling Brothers Construction, Inc., a general construction firm, in the U.S. District Court for the District of New Mexico. The complaint states that former female employee alleged that the defendant's president and controlling shareholder violated Title VII of the Civil Rights Act of 1964 when he created and maintained a sexually hostile working environment. Specifically, the female stated that she was ina…

In June 2001, the EEOC district office in Phoenix, Arizona brought this suit against Sterling Brothers Construction, Inc., a general construction firm, in the U.S. District Court for the District of New Mexico. The complaint states that former female employee alleged that the defendant's president and controlling shareholder violated Title VII of the Civil Rights Act of 1964 when he created and maintained a sexually hostile working environment. Specifically, the female stated that she was inappropriately physically touched and harassed. She claimed that she complained to no avail. A defense motion for summary judgment was granted in part and denied in part. The parties engaged in extensive discovery throughout the litigation. After a trial date was set, the parties settled and a consent decree was entered in January 2003.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of race, pay the aggrieved female $22,452, expunge her employment record, only provide neutral information to potential employers, implement and distribute a sexual harassment policy, provide a mechanism for complaints, provide EEO training, post an EEO notice, submit semiannual compliance reports, and allow the EEOC to inspect for compliance. No fees or costs were awarded. The terms of the agreement ran for two years.

Summary Authors

Joel Pettit (7/6/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5108870/parties/eeoc-v-sterling-brothers/


Judge(s)

Johnson, William Paul (New Mexico)

Documents in the Clearinghouse

Documents in this case

1:01-cv-00732

Docket

EEOC v. Sterling Brothers Construction

Jan. 2, 2003

Jan. 2, 2003

Docket
1

1:01-cv-00732

Complaint

EEOC v. Sterling Brothers Construction

June 26, 2001

June 26, 2001

Complaint

1:01-cv-00732

Order Compelling Production of Documents and for Sanctions

EEOC v. Sterling Brothers Construction

Jan. 14, 2002

Jan. 14, 2002

Order/Opinion
45

1:01-cv-00732

Order Granting Defendant's Motion to Compel

EEOC v. Sterling Brothers Construction

Feb. 25, 2002

Feb. 25, 2002

Order/Opinion
46

1:01-cv-00732

Order Granting in Part and Denying in Part Plaintiff's Motion to Compel

EEOC v. Sterling Brothers Construction

Feb. 26, 2002

Feb. 26, 2002

Order/Opinion
80

1:01-cv-00732

Order Overruling Plaintiff EEOC's Objections to Magistrate's Order Granting Defendant's Motion to Compel

EEOC v. Sterling Brothers Construction

May 14, 2002

May 14, 2002

Order/Opinion
82

1:01-cv-00732

Order Granting in Part and Denying in Part Plaintiff EEOC's Objections to Magistrate's Order Denying Plaintiff's Motion to Compel

EEOC v. Sterling Brothers Construction

May 21, 2002

May 21, 2002

Order/Opinion
86

1:01-cv-00732

Memorandum Opinion and Order [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Sterling Brothers Construction

Aug. 12, 2002

Aug. 12, 2002

Order/Opinion
98

1:01-cv-00732

Consent Decree

EEOC v. Sterling Brothers Construction

Jan. 2, 2003

Jan. 2, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5108870/eeoc-v-sterling-brothers/

Last updated April 4, 2025, 11:36 a.m.

ECF Number Date Description Link
1 June 26, 2001

COMPLAINT-civil rights, jury demand (1 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi) (vv) (Entered: 06/26/2001)

PACER
June 26, 2001

LETTER to counsel re consent to proceed before a US Magistrate Judge (vv) (Entered: 06/26/2001)

PACER
2 June 28, 2001

NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (vv) (Entered: 06/29/2001)

PACER
3 June 29, 2001

MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case to District Judge Martha Vazquez (cc: all counsel*) (jrm) (Entered: 06/29/2001)

PACER
4 July 31, 2001

ANSWER by defendant [1-1] (vv) (Entered: 07/31/2001)

PACER
5 Aug. 13, 2001

INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 9/5/01 @ 10:00 am; provisional discovery plan and IPTR due 8/31/01 (cc: all counsel*) (jrm) (Entered: 08/13/2001)

PACER
6 Aug. 31, 2001

ATTORNEYS' PROVISIONAL DISCOVERY PLAN (jrm) (Entered: 09/04/2001)

PACER
7 Sept. 5, 2001

CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference HELD (jrm) (Entered: 09/05/2001)

PACER
8 Sept. 5, 2001

CERTIFICATE of service of initial disclosures by defendant to counsel on 9/4/01 (jrm) (Entered: 09/05/2001)

PACER
9 Sept. 6, 2001

ORDER by Magistrate Judge Richard L. Puglisi setting a settlement conference for 2/19/02 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 09/06/2001)

PACER
10 Sept. 7, 2001

CERTIFICATE of service of initial disclosures by plaintiff to counsel on 9/6/01 (jrm) (Entered: 09/07/2001)

PACER
11 Nov. 7, 2001

CERTIFICATE by plaintiff of 1st request for admissions to counsel on 11/06/01 (eg) (Entered: 11/07/2001)

PACER
12 Nov. 7, 2001

CERTIFICATE by plaintiff of service of 1st request for production to counsel on 11/06/01 (eg) (Entered: 11/07/2001)

PACER
13 Nov. 7, 2001

CERTIFICATE by plaintiff of service of 1st set of non-uniform interrogs to counsel on 11/06/01 (eg) (Entered: 11/07/2001)

PACER
14 Dec. 4, 2001

CERTIFICATE of service of 1st set of interrog(s) and request for production by defendant to counsel on 12/4/01 (jrm) (Entered: 12/04/2001)

PACER
15 Dec. 14, 2001

ENTRY OF APPEARANCE for deft by Barbara G. Stephenson and Carol L Dominguez (kd) (Entered: 12/17/2001)

PACER
16 Dec. 14, 2001

MOTION by deft for order to initiate electronic filing (kd) (Entered: 12/17/2001)

PACER
18 Dec. 20, 2001

ORDER by Magistrate Judge Richard L. Puglisi granting motion for order to initiate electronic filing [16-1] (cc: all counsel*) (jrm) (Entered: 12/20/2001)

PACER
19 Dec. 20, 2001

CERTIFICATE of service of responses to 1st requests for admissions by defendant to counsel on 12/17/01 (jrm) (Entered: 12/21/2001)

PACER
20 Dec. 20, 2001

CERTIFICATE of service of answers to 1st set of interrog(s) and responses to 1st request for production by defendant to counsel on 12/19/01 (jrm) (Entered: 12/21/2001)

PACER
21 Jan. 2, 2002

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from District Judge Martha Vazquez to District Judge William P. Johnson (cc: all counsel*) (jrm) (Entered: 01/02/2002)

PACER
22 Jan. 7, 2002

UNOPPOSED MOTION by plaintiff to extend time to serve mtn to compel (no date specified) (jrm) (Entered: 01/07/2002)

PACER
23 Jan. 8, 2002

CERTIFICATE by plaintiff of service of first supplemental initial disclosures to counsel on 01/04/02 (mlk) (Entered: 01/08/2002)

PACER
24 Jan. 9, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting pltf's unopposed motion to extend time until 1/14/02 to serve mtn to compel [22-1] (cc: all counsel) (jrm) (Entered: 01/09/2002)

PACER
28 Jan. 11, 2002

CERTIFICATE by plaintiff of service of 2nd supplemental initial disclosures to counsel on 01/10/02 (mlk) (Entered: 01/15/2002)

PACER
25 Jan. 14, 2002

ORDER by Magistrate Judge Richard L. Puglisi compelling production of documents and for sanctions as further described herein (cc: all counsel*) (jrm) (Entered: 01/14/2002)

PACER
26 Jan. 15, 2002

MOTION by plaintiff to compel responses to 1st set of non-uniform interrog(s) and 1st request for production (jrm) (Entered: 01/15/2002)

PACER
27 Jan. 15, 2002

MEMORANDUM by plaintiff in support of motion to compel responses to 1st set of non-uniform interrog(s) and 1st request for production [26-1] (jrm) (Entered: 01/15/2002)

PACER
29 Jan. 17, 2002

CERTIFICATE of service of 1st supplemental Rule 26(a)(1) initial disclosures by defendant to counsel on 1/17/02 (jrm) (Entered: 01/17/2002)

PACER
30 Jan. 18, 2002

CERTIFICATE of service of amended first supplemental Rule 26(a)(1) initial disclosures by defendant to counsel on 1/18/02 (jrm) (Entered: 01/22/2002)

PACER
31 Jan. 24, 2002

CERTIFICATE by plaintiff of service of 3rd supplemental initial disclosures to counsel on 01/18/02 (mlk) (Entered: 01/28/2002)

PACER
32 Jan. 30, 2002

MOTION by defendant to compel production of documents (jrm) (Entered: 01/30/2002)

PACER
33 Jan. 30, 2002

MEMORANDUM by defendant in support of motion to compel production of documents [32-1] (jrm) (Entered: 01/30/2002)

PACER
35 Jan. 30, 2002

JOINT MOTION for a limited extension of the discovery deadline until 2/15/02 (jrm) (Entered: 01/30/2002)

PACER
36 Jan. 30, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting the joint motion for a limited extension of the discovery deadline until 2/15/02 [35-1] Discovery cutoff 2/15/02 (cc: all counsel) (jrm) (Entered: 01/30/2002)

PACER
37 Jan. 31, 2002

RESPONSE by defendant to motion to compel responses to 1st set of non-uniform interrog(s) and 1st request for production [26-1] (jrm) (Entered: 02/01/2002)

PACER
38 Feb. 4, 2002

MOTION by defendant for order to conduct a Rule 35 independent psychological examination of charging party (jrm) (Entered: 02/05/2002)

PACER
39 Feb. 4, 2002

MEMORANDUM by defendant in support of motion for order to conduct a Rule 35 independent psychological examination of charging party [38-1] (jrm) (Entered: 02/05/2002)

PACER
40 Feb. 8, 2002

CERTIFICATE of service of objections and responses to 1st set of interrog(s) and request for production by plaintiff to counsel on 2/7/02 (jrm) (Entered: 02/08/2002)

PACER
41 Feb. 13, 2002

RESPONSE by plaintiff to motion to compel production of documents [32-1] (jrm) (Entered: 02/13/2002)

PACER
42 Feb. 14, 2002

REPLY by plaintiff to response to motion to compel responses to 1st set of non-uniform interrog(s) and 1st request for production [26-1] (jrm) (Entered: 02/15/2002)

PACER
43 Feb. 14, 2002

NOTICE of completion by plaintiff of mtn to compel (jrm) (Entered: 02/15/2002)

PACER
Feb. 19, 2002

SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi; case did not settle (pr) (Entered: 02/20/2002)

PACER
44 Feb. 20, 2002

RESPONSE by pltf in opposition to deft's motion for order to conduct a Rule 35 independent psychological examination of charging party [38-1] (bap) Modified on 02/28/2002 (Entered: 02/21/2002)

PACER
45 Feb. 25, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting deft's motion to compel production of documents [32-1] (cc: all counsel*) (jrm) (Entered: 02/25/2002)

PACER
46 Feb. 26, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting/denying in part pltf's motion to compel responses to 1st set of non-uniform interrog(s) and 1st request for production [26-1] (cc: all counsel*) (jrm) (Entered: 02/26/2002)

PACER
47 Feb. 28, 2002

MOTION by plaintiff to stay Magistrate's Order of 2/25/02 (jrm) (Entered: 02/28/2002)

PACER
48 March 1, 2002

RESPONSE by defendant to motion to stay Magistrate's Order of 2/25/02 [47-1] (jrm) (Entered: 03/01/2002)

PACER
50 March 5, 2002

NOTICE by deft of mtn packet completion re to conduct Rule 35 independent psycholocial examination of charging party [38-1] (pr) (Entered: 03/06/2002)

PACER
51 March 5, 2002

REPLY brief by defendant to response to motion for order to conduct a Rule 35 independent psychological examination of charging party [38-1] (jrm) (Entered: 03/06/2002)

PACER
52 March 6, 2002

CERTIFICATE of service of 1st supplemental responses to 1st interrog(s) and 1st request for production by defendant to counsel on 3/06/02 (jrm) (Entered: 03/06/2002)

PACER
53 March 7, 2002

MOTION by plaintiff for order re: objections to Magistrate's Order granting deft's mtn to compel (jrm) (Entered: 03/08/2002)

PACER
54 March 7, 2002

MEMORANDUM by plaintiff in support of motion for order re: objections to Magistrate's Order granting deft's mtn to compel [53-1] (jrm) (Entered: 03/08/2002)

PACER
55 March 8, 2002

RESPONSE by defendant to motion for order re: objections to Magistrate's Order granting deft's mtn to compel [53-1] (jrm) (Entered: 03/13/2002)

PACER
56 March 8, 2002

MOTION by plaintiff for order re: objections to Magistrate Order granting/denying in part pltfs' mtn to compel responses to pltfs 1st set of non-uniform interrog(s) and 1st requests for production (jrm) (Entered: 03/26/2002)

PACER
57 March 8, 2002

MEMORANDUM by plaintiff in support of motion for order re: objections to Magistrate Order granting/denying in part pltfs' mtn to compel responses to pltfs 1st set of non-uniform interrog(s) and 1st requests for production [56-1] (jrm) (Entered: 03/26/2002)

PACER
58 March 8, 2002

RESPONSE by defendant to motion for order re: objections to Magistrate Order granting/denying in part pltfs' mtn to compel responses to pltfs 1st set of non-uniform interrog(s) and 1st requests for production [56-1] (jrm) (Entered: 03/26/2002)

PACER
59 March 14, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting defts' motion for order to conduct a Rule 35 independent psychological examination of charging party and as further described herein [38-1] (cc: all counsel*) (jrm) (Entered: 03/14/2002)

PACER
60 March 19, 2002

MOTION by defendant for summary judgment (jrm) (Entered: 03/20/2002)

PACER
61 March 19, 2002

MEMORANDUM of law by defendant in support of motion for summary judgment [60-1] (jrm) (Entered: 03/20/2002)

PACER
62 March 21, 2002

REPLY by plaintiff to response to motion for order re: objections to Magistrate's Order granting deft's mtn to compel [53-1] (jrm) (Entered: 03/22/2002)

PACER
63 March 25, 2002

NOTICE of hearing before District Judge William P Johnson Jury selection/trial set for 12/9/02 @ 9:00 am (cc: all counsel*) (jrm) (Entered: 03/26/2002)

PACER
65 March 26, 2002

INITIAL PRE-TRIAL REPORT by District Judge William P. Johnson and Magistrate Judge Richard L. Puglisi ; Discovery set for 2/4/02 ; mtn filing ddl set for 4/22/02 ; proposed pretrial order due 5/9/02 ; pretrial conference set for 9:30 am on 10/29/92 ; jury trial set for 9:00 am on 12/9/02 ; Estimated # of Trial Days: 2-3; Chances of Settlement: UNKNOWN (cc: all counsel) (jrm) (Entered: 03/26/2002)

PACER
66 March 26, 2002

NOTICE by plaintiff of completion of briefing on objections to Magistrate's Order granting deft's mtn to compel (jrm) (Entered: 03/26/2002)

PACER
67 March 27, 2002

NOTICE by plaintiff of completion of briefing of objections to Magistrate's Order granting/denying in part pltf's mtn to compel (jrm) (Entered: 03/27/2002)

PACER
68 March 28, 2002

UNOPPOSED MOTION by plaintiff to extend time until 4/5/02 in which to file response to mtn for sum/jgm (jrm) (Entered: 03/28/2002)

PACER
69 April 2, 2002

MOTION by plaintiff to exceed page limitation for response to mtn for sum/jgm (jrm) (Entered: 04/02/2002)

PACER
70 April 2, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting pltf's unopposed motion to extend time until 4/5/02 in which to file to mtn for sum/jgm [68-1] (cc: all counsel) (jrm) (Entered: 04/02/2002)

PACER
71 April 4, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting pltf's unopposed motion to exceed page limitation for response to mtn for sum/jgm [69-1]; response to be 29 pages, not including signature pages and certificate of service (cc: all counsel) (jrm) (Entered: 04/04/2002)

PACER
72 April 5, 2002

RESPONSE in opposition by plaintiff to motion for summary judgment [60-1] (jrm) (Entered: 04/08/2002)

PACER
73 April 11, 2002

NOTICE OF ERRATA by plaintiff to response in opposition to mtn for sum/jgm [60-1] (jrm) (Entered: 04/11/2002)

PACER
74 April 15, 2002

NOTICE of hearing before District Judge William P Johnson on pltf's mtns for order re: objections to Magistrate Order re: mtns to compel [56-1], [53-1] on 5/10/02 @ 8:30 am in Albuquerque (cc: all counsel*) (jrm) Modified on 04/22/2002 (Entered: 04/16/2002)

PACER
75 April 16, 2002

UNOPPOSED MOTION by defendant to extend time until 4/22/02 in which to file its reply brief in support of mtn for sum/jgm (jrm) (Entered: 04/16/2002)

PACER
76 April 18, 2002

ORDER by Magistrate Judge Richard L. Puglisi granting deft's unopposed motion to extend time until 4/22/02 in which to file its reply brief in support of mtn for sum/jgm [75-1] (cc: all counsel) (jrm) (Entered: 04/18/2002)

PACER
77 April 22, 2002

REPLY brief by defendant to response to motion for summary judgment [60-1] (jrm) (Entered: 04/22/2002)

PACER
78 April 22, 2002

NOTICE by defendant of completion regarding its mtn for sum/jgm (jrm) (Entered: 04/22/2002)

PACER
80 May 14, 2002

ORDER by District Judge William P. Johnson overruling pltf's motion for order re: objections to Magistrate's Order granting deft's mtn to compel [53-1]; the Order granting deft's mtn to compel shall remain in full force and effect and pltf shall produce those items ordered to be produced by Judge Puglisi [45-1] (cc: all counsel*) (jrm) (Entered: 05/14/2002)

PACER
81 May 14, 2002

CLERK'S MINUTES: before District Judge William P. Johnson mtns hrg held [56-1]; [53-1]; C/R: T.Garrett (jrm) (Entered: 05/15/2002)

PACER
82 May 21, 2002

ORDER by District Judge William P. Johnson granting in part and overruling in part pltf's objection to Magistrate's Order denying pltf's mtn to compel as further described herein [56-1] (cc: all counsel) (jrm) (Entered: 05/21/2002)

PACER
83 May 21, 2002

PRE-TRIAL ORDER by District Judge William P. Johnson : (cc: all counsel) (jrm) (Entered: 05/21/2002)

PACER
84 July 29, 2002

AMENDED RESPONSE w/corrections in the ntc of errata in opposition by plaintiff to motion for summary judgment [60-1] (jrm) (Entered: 07/30/2002)

PACER
85 Aug. 5, 2002

CERTIFICATE by plaintiff of service of amended response with corrections in notice of errata in opposition to motion for summary judgment to counsel on 7/29/02 (ed) (Entered: 08/06/2002)

PACER
86 Aug. 12, 2002

MEMORANDUM, OPINION, AND ORDER: by District Judge William P. Johnson granting/denying in part deft's motion for summary judgment as described herein [60-1] (cc: all counsel*) (jrm)

RECAP
87 Oct. 25, 2002

MINUTE ORDER: by direction of the Honorable William P Johnson vacating & resetting Pretrial conference Pretrial conference reset for 11/22/02 @ 9:30 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 10/25/2002)

PACER
88 Nov. 12, 2002

NOTICE of hearing before District Judge William P Johnson Jury selection & trial set for 12/9/02 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 11/13/2002)

PACER
89 Nov. 19, 2002

PROPOSED EXHIBIT list by defendant * (jrm) (Entered: 11/20/2002)

PACER
90 Nov. 19, 2002

WITNESS list submitted by defendant * (jrm) (Entered: 11/20/2002)

PACER
91 Nov. 19, 2002

PROPOSED EXHIBIT list by plaintiff (jrm) (Entered: 11/19/2002)

PACER
92 Nov. 19, 2002

WITNESS list submitted by plaintiff (jrm) (Entered: 11/19/2002)

PACER
93 Nov. 22, 2002

ORDER by Magistrate Judge Lorenzo F. Garcia setting Rule 16 settlement conference for 11/26/02 at 10:00 am (cc: all counsel*) (vv) (Entered: 11/25/2002)

PACER
94 Nov. 22, 2002

CLERK'S MINUTES: before District Judge William P. Johnson Pretrial conference held C/R: T Garrett (dmw) (Entered: 11/25/2002)

PACER
95 Nov. 25, 2002

MOTION by pltf in limine to exclude testimony or documentary evidence re contentions that it had a sexual harassment policy & charging party never complained (dmw) (Entered: 11/26/2002)

PACER
98 Jan. 2, 2003

(ORDER) CONSENT DECREE by District Judge William P. Johnson as described herein dismissing case (cc: all counsel) (jrm) (Entered: 01/02/2003)

PACER

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 26, 2001

Closing Date: Jan. 2, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Sterling Brothers Construction, Inc.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of New Mexico 1:01-cv-00732

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 22452

Order Duration: 2003 - 2005

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation