Case: EEOC v. Lithia Dodge Cherry Creek

1:05-cv-01901 | U.S. District Court for the District of Colorado

Filed Date: Sept. 30, 2005

Closed Date: 2010

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Case Summary

The Denver Field Office of the EEOC brought this suit against Lithia Cherry Creek Dodge, Inc. (dba Lithia Dodge of Cherry Creek) in September 2005 in the U.S. District Court for the District of Colorado. The complaint alleged a hostile work environment and constructive discharge based on race and retaliation for complaining about racial harassment. A complainant intervened in December 2005. The parties reached a settlement in February 2006, and a consent decree was entered in March 2006. The consent decree required the defendant to pay the three charging parties a total of $375,000.00 in damages and lost wages and $187,500.00 in attorney fees. The consent decree also required the defendant to conduct EEO training for all employees; post notice; refrain from discrimination and retaliation; hire an outside consultant; and submit semi-annual reports to the EEOC. The decree was to last for four years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Daisy Manning (10/29/2008)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4714043/parties/equal-employment-opportunity-commission-v-lithia-motors-inc/

Judge(s)

Figa, Phillip S. (Colorado)

Attorney for Plaintiff

Bangert, Patricia S. (Colorado)

Palma, Lynn L. (Colorado)

Attorney for Defendant

Costinett, Matthew James (Colorado)

Sullivan, Michael Brice (Colorado)

Judge(s)

Figa, Phillip S. (Colorado)

Attorney for Plaintiff

Bangert, Patricia S. (Colorado)

Palma, Lynn L. (Colorado)

Attorney for Defendant

Costinett, Matthew James (Colorado)

Sullivan, Michael Brice (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:05-cv-01901	Docket [PACER]	March 8, 2006	March 8, 2006 Docket
1 1:05-cv-01901	Complaint	Sept. 30, 2005	Sept. 30, 2005 Complaint
14 1:05-cv-01901	Intervenor's Complaint	Dec. 5, 2005	Dec. 5, 2005 Complaint
14 1:05-cv-01901	Motion to Intervene	Dec. 5, 2005	Dec. 5, 2005 Pleading / Motion / Brief
25 1:05-cv-01901	Consent Decree	March 8, 2006	March 8, 2006 Settlement Agreement
26 1:05-cv-01901	Order Approving Consent Decree	March 8, 2006	March 8, 2006 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4714043/equal-employment-opportunity-commission-v-lithia-motors-inc/

Last updated March 21, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	Sept. 30, 2005	COMPLAINT and jury trial demand against all defendants Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Special Assignment Form)(bpm, ) (Entered: 09/30/2005) 1 Civil Cover Sheet View on PACER 2 Special Assignment Form View on PACER	RECAP
2	Oct. 4, 2005	MEMORANDUM RETURNING CASE for reassigment by Judge Matsch. (bpm, ) (Entered: 10/05/2005)	RECAP
3	Oct. 5, 2005	LETTER REASSIGNING CASE. Case reassigned to Judge Phillip S. Figa for all further proceedings. Judge Richard P. Matsch is no longer assigned to case. (bpm, ) (Entered: 10/05/2005)	RECAP
4	Oct. 7, 2005	Letter from CT Corporation to Lynn L. Palma returning the Notice, and 1 Complaint they received. Lithia Motors d/b/a Lithia Dodge of Cherry Creek is not listed on their records or on the records of the State of CO. (lam, ) (Entered: 10/07/2005)	RECAP
5	Oct. 11, 2005	ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Figa. (emksl, ) (Entered: 10/11/2005)	RECAP
6	Oct. 20, 2005	ORDER: Scheduling Conference set for 11/15/2005 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 10/20/05. (emksl, ) (Entered: 10/20/2005)	RECAP
7	Nov. 8, 2005	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Lithia Motors Support Services, Inc. waiver sent on 10/4/2005, answer due 12/5/2005. (Palma, Lynn) (Modified on 11/14/2005 to correct the name of the entity that signed the waiver) (gms, ). (Entered: 11/08/2005)	RECAP
8	Nov. 14, 2005	Docket Annotation re: 7 Waiver of Service Executed. This docket entry was modified to correct the name of the entity that signed the waiver to "Lithia Motors Support Services, Inc." Text only entry - no document attached. (gms, ) (Entered: 11/14/2005)	RECAP
9	Nov. 15, 2005	ORDER: Scheduling Conference reset for 12/5/2005 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Show Cause Hearing set for 12/5/2005 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 11/15/05. (emksl, ) (Entered: 11/15/2005)	RECAP
10	Nov. 16, 2005	Minute Entry for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 11/16/2005: Plaintiff shall show cause why this case should not be dismissed for failure to appear and lack of prosecution at a show cause hearing, scheduled for December 5, 2005 at 9:00 a.m. Rule 16 Scheduling Conference is reset to December 5, 2005 at 9:00 a.m. (Court Reporter FTR- Kathy Preuitt-Parks.) (emksl, ) (Entered: 11/16/2005)	RECAP
11	Nov. 28, 2005	Joint MOTION to Vacate 10 Scheduling Conference, and Show Cause Hearing of December 5, 2005, by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 11/28/2005)	RECAP
12	Nov. 29, 2005	MEMORANDUM referring to Magistrate Judge Watanabe : 11 Joint MOTION to Vacate 10 Scheduling Conference, and Show Cause Hearing of December 5, 2005, filed by Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 11/29/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 11/29/2005)	RECAP
13	Nov. 30, 2005	Minute ORDER granting Plaintiff's 11 Motion to Vacate and Reschedule. The show cause hearing set on December 5, 2005, at 9:00 a.m. is VACATED. The show cause order dated November 15, 2005, is also VACATED. Scheduling Conference is reset to January 11, 2006, at 9:00 a.m., in Courtroom A502, by Magistrate Judge Michael J. Watanabe on 11/30/05. (emksl, ) (Entered: 11/30/2005)	RECAP
14	Dec. 5, 2005	MOTION to Intervene by Interested Party James Witherspoon. (Attachments: # 1 Exhibit 1 (Complaint))(Bangert, Patricia) (Entered: 12/05/2005) 1 Exhibit 1 (Complaint) View on PACER	RECAP
15	Dec. 6, 2005	MEMORANDUM referring to Magistrate Judge Watanabe : 14 MOTION to Intervene filed by James Witherspoon, by Judge Phillip S. Figa on 12/6/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 12/06/2005)	RECAP
16	Dec. 20, 2005	MINUTE ORDER granting 14 Witherspoons' Motion to Intervene as Party Plaintiff, by Magistrate Judge Michael J. Watanabe on 12/20/05. (emksl, ) (Entered: 12/20/2005)	RECAP
17	Dec. 20, 2005	Unopposed MOTION to Vacate and Reschedule January 11, 2006 Scheduling Conference and Status Report by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 12/20/2005)	RECAP
18	Dec. 20, 2005	MEMORANDUM referring to Magistrate Judge Watanabe : 17 Unopposed MOTION to Vacate and Reschedule January 11, 2006 Scheduling Conference and Status Report filed by Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 12/20/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 12/20/2005)	RECAP
19	Dec. 28, 2005	Minute ORDER granting Plaintiff's Status Report and 17 Motion to Vacate and Reschedule 1/11/06 hearing. Scheduling conference is reset to 2/16/06 at 9:30 a.m., by Magistrate Judge Michael J. Watanabe on 12/28/05. (gms, ) (Entered: 12/28/2005)	RECAP
20	Feb. 7, 2006	MINUTE ORDER: Parties having settled this matter, Dismissal Paper due by 2/21/2006, Scheduling Conference set for 02/16/06 at 9:30am is VACATED, by Magistrate Judge Michael J. Watanabe on 02/07/06. (rlp, ) (Entered: 02/08/2006)	RECAP
21	Feb. 21, 2006	Unopposed MOTION For Extension of Time to File Motion for Dismissal and Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 02/21/2006)	RECAP
22	Feb. 21, 2006	MEMORANDUM referring to Magistrate Judge Watanabe : 21 Unopposed MOTION For Extension of Time to File Motion for Dismissal and Proposed Consent Decree filed by Plaintiff Equal Employment Opportunity Commission, by Judge Phillip S. Figa on 2/21/06. (Text Only Entry - No Document Attached)(lam, ) (Entered: 02/22/2006)	RECAP
23	Feb. 22, 2006	MINUTE ORDER granting Plaintiff's 21 Motion for Extension of Time to File Motion to Dismiss and Consent Decree, parties have up to and including 03/03/06 to file, by Magistrate Judge Michael J. Watanabe on 02/22/06. (rlp, ) (Entered: 02/22/2006)	RECAP
24	March 3, 2006	NOTICE of Entry of Appearance by Michael Brice Sullivan on behalf of all defendants (Sullivan, Michael) (Entered: 03/03/2006)	RECAP
25	March 3, 2006	Joint MOTION to Dismiss upon Approval of Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Consent Decree)(Palma, Lynn) (Entered: 03/03/2006) 1 Proposed Order (PDF Only) Consent Decree View on PACER	RECAP
26	March 8, 2006	ORDER granting Joint 25 Motion for Approval of Consent Decree and to Dismiss with Prejudice, the court retains jurisdiction to enforce this Consent Decree . Signed by Judge Phillip S. Figa on 03/08/06. (rlp2, ) (Entered: 03/08/2006)	RECAP

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Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Lithia Motors, Inc.

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

District of Colorado 1:05-cv-01901

Available Documents:

Any published opinion

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

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 562500

Order Duration: 2006 - 2010

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Lithia Dodge Cherry Creek, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/7180/ (last updated 6/7/2017).