Case: EEOC v. TruGreen Landcare

2:05-cv-01203 | U.S. District Court for the District of Nevada

Filed Date: Sept. 30, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 30, 2005, the EEOC on behalf of a female employee, filed a sexual harassment and retaliation complaint in the United States District Court for the District of Nevada alleging the defendant TruGreen Landcare violated Title VII of the Civil Rights Act of 1964. The complaint sought injunctive relief, and compensation.

On October 2, 2007, the court (Judge Roger L. Hunt) approved a consent decree outlining the terms for settlement in the case. The charging party received $100,000 and the company agreed to injunctive relief in the form of a new sexual harassment policy, an anti-retaliation provision and EEO employee training.

Summary Authors

David Miller (8/23/2010)

People


Judge(s)

Hunt, Roger L. (Nevada)

Attorney for Plaintiff

Morrison, Angela D. (Nevada)

Noh, Sue J. (California)

Attorney for Defendant

Hicks, Patrick H. (Nevada)

Krincek, Wendy M. (Nevada)

Documents in the Clearinghouse

Documents in this case

2:05-cv-01203

Docket

EEOC v. Trugreen Landcare

Oct. 2, 2007

Oct. 2, 2007

Docket
1-2809148

2:05-cv-01203

Complaint - Civil Rights Sex Harassment and Retaliation

EEOC v. Trugreen Landcare

Sept. 30, 2005

Sept. 30, 2005

Complaint
39

2:05-cv-01203

Consent Decree

EEOC v. Trugreen Landcare

Oct. 2, 2007

Oct. 2, 2007

Order/Opinion

Docket

Last updated March 25, 2025, 8:37 a.m.

ECF Number Date Description Link
1 Sept. 30, 2005

COMPLAINT by Pltf w/jd. (Entered: 10/04/2005)

PACER
Sept. 30, 2005

SUMMONS ISSUED to Pltf (1) (Entered: 10/04/2005)

PACER
2 Dec. 23, 2005

WAIVER OF SERVICE Returned Executed by Defendants Trugreen Landcare, Trugreen Landcare. Trugreen Landcare waiver sent on 12/7/2005, answer due 2/5/2006. (MMM, ) (Entered: 12/29/2005)

PACER
3 Feb. 3, 2006

ANSWER to 1 Complaint by Defendant Trugreen Landcare. Certificate of Interested Parties due by 2/13/2006. Discovery Plan due by 3/20/2006.(Young, Bruce) (Entered: 02/03/2006)

PACER
4 Feb. 3, 2006

CERTIFICATE of Interested Parties by Defendant Trugreen Landcare. (Young, Bruce) (Entered: 02/03/2006)

PACER
5 Feb. 21, 2006

ORDER for ENE session on 4/20/06 @ 9:00am. Signed by Judge George W Foley Jr. on 2/10/06. (AXM, ) (Entered: 02/21/2006)

PACER
6 March 20, 2006

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff U.S. Equal Employment Opportunity Commission Stipulated . (Noh, Sue) (Entered: 03/20/2006)

PACER
8 March 23, 2006

NOTICE: Pursuant to Special Order No. 102 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge George W Foley, Jr will be the evaluating judge in this case. Early Neutral Evaluation set for 6/2/2006 09:00 AM before Magistrate Judge George W Foley Jr.. (no image attached) (AXM, ) Additional attachment(s) added on 3/28/2006 (AXM, ). (Entered: 03/23/2006)

PACER
9 March 27, 2006

ORDER denying 6 Proposed Discovery Plan/Scheduling Order. Discovery deadline due by 10/17/06. Motions due by 11/16/06. Proposed Joint Pretrial Order due by 12/18/2006. Interim Status Report due by 8/18/2006. Signed by Judge Peggy A. Leen on 3/24/06. (MJZ) (Entered: 03/28/2006)

PACER
10 April 27, 2006

NOTICE of Appearance by attorney wilfredo tungol on behalf of Plaintiff U.S. Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 04/27/2006)

PACER
11 June 2, 2006

MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr..Pla Counsel: Wilfredo Tungol ; Def Counsel: Patrick Hicks ;. No settlement was reached. (AXM) (Entered: 06/02/2006)

PACER
12 June 2, 2006

MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr.. Crtrm Administrator: Julia Hill ; Pla Counsel: Wilfredo Tungol ; Def Counsel: Patrick Hicks ; Time of Hearing: 9:00 a.m. . The Court heard presentations from counsel and each of the parties present and thereafter met individually with counsel and each individual party. No settlement was reached. Accordingly, the court finds this case should be returned to the normal litigation track. (no image attached) (KLS, ) (Entered: 06/07/2006)

PACER
13 Aug. 10, 2006

STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD [FIRST EXTENSION] by Defendant Trugreen Landcare. (Hicks, Patrick) (Entered: 08/10/2006)

PACER
14 Aug. 16, 2006

ORDER ON STIPULATION re 13 Stipulation. SCHEDULING ORDER. Discovery due by 1/15/2007. Motions due by 2/14/2007. Proposed Joint Pretrial Order due by 3/16/2007. Signed by Judge Peggy A. Leen on 8/11/06. (AXM) (Entered: 08/16/2006)

PACER
15 Nov. 16, 2006

STATUS REPORT Joint Interim Status Report by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 11/16/2006)

PACER
16 Nov. 30, 2006

MINUTE ORDER IN CHAMBERS of the Honorable Roger L. Hunt, U.S. District Judge on 11/30/2006. By Deputy Clerk: Kandy Capozzi. Having reviewed the Joint Interim Status Report, IT IS HEREBY ORDERED this case shall be referred to the U.S. Magistrate Judge upon close of discovery, which is currently 1/15/2007, for the scheduling of a settlement conference. Calendar Call set for 6/13/2007 08:45 AM in LV Courtroom 6C before Judge Roger L. Hunt. Jury Trial set for 6/18/2007 08:30 AM in LV Courtroom 6C before Judge Roger L. Hunt. These dates shall be included in the Joint Pretrial Order. Any requests for continuances of discovery or dispositive motions shall also include a concurrent request for continuance of the trial date and supply available dates. (no image attached) (KMC, ) (Entered: 11/30/2006)

PACER
17 Dec. 26, 2006

STIPULATION To Extend Discovery and Order to Extend Discovery Period by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)

PACER
18 Dec. 26, 2006

STIPULATION Request for Continuance of Trial Date by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)

PACER
19 Dec. 29, 2006

SCHEDULING ORDER Re: 17 Stipulation to Extend Discovery Period. Discovery due by 2/14/2007. Motions due by 3/16/2007. Proposed Joint Pretrial Order due by 4/15/2007. Signed by Judge Peggy A. Leen on 12/27/06. (AAB) (Entered: 12/29/2006)

PACER
21 Jan. 9, 2007

ORDER Scheduling Settlement Conference: Settlement Conference set for 5/10/2007 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 1/5/07. (AAB) (Entered: 01/10/2007)

PACER
22 Feb. 26, 2007

STIPULATION Stipulation and order continuing dispostivie motions and pretrial order deadlines by Defendant Trugreen Landcare. (Westbrook, Deborah). (Entered: 02/26/2007)

PACER
23 March 2, 2007

NOTICE of Hearing:on #22 Stiulation Miscellaneous Hearing set for 3/13/2007 08:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 03/02/2007)

PACER
24 March 5, 2007

NOTICE of Hearing: Hearing reset for 3/13/2007 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Hearing set for 3/13/07 is VACATED.(AXM) (Entered: 03/06/2007)

PACER
25 March 13, 2007

MINUTES OF PROCEEDINGS − Discovery Hearing held on 3/13/2007 before Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller ; Pla Counsel: Angela D. Morrison, Esq. ; Def Counsel: Deborah L. Westbrook, Esq. (via telephone) ; Court Reporter/FTR #: 2:03:40 − 2:08:31 ; Time of Hearing: 2:00pm . After discussing this matter with counsel, The Court will approve and sign their proposed stipulation to extend motions and pretrial deadlines. (no image attached) (JAM, ) (Entered: 03/13/2007)

PACER
26 March 13, 2007

SCHEDULING ORDER. Motions due by 6/11/2007. Proposed Joint Pretrial Order due by 7/11/2007. Signed by Judge Peggy A. Leen on 3/13/07. (MAJ) (Entered: 03/16/2007)

PACER
27 April 26, 2007

STIPULATION STIPULATION AND REQUEST FOR ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 04/26/2007)

PACER
28 May 1, 2007

ORDER ON STIPULATION granting 27 Stipulation to VACATE settlement conference. Signed by Judge Peggy A. Leen on 4/30/07. (AXM) Modified on 5/4/2007 (AXM, correcting judge). (Entered: 05/01/2007)

PACER
29 July 11, 2007

PROPOSED Pretrial Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 07/11/2007)

PACER
30 July 13, 2007

PRETRIAL ORDER: Jury Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Proposed Jury Instructions due by 10/10/2007.,Proposed Voir Dire due by 10/10/2007. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)

PACER
31 July 13, 2007

ORDER REFERRING CASE to Magistrate Judge for settlement conference. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)

PACER
32 July 17, 2007

ORDER Scheduling Settlement Conference: Settlement Conference set for 8/30/2007 09:30 AM in Chambers before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 7/17/07. (Copies have been distributed pursuant to the NEF − MJZ) (Entered: 07/19/2007)

PACER
33 Aug. 23, 2007

STIPULATION STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Krincek, Wendy) (Entered: 08/23/2007)

PACER
34 Aug. 28, 2007

ORDER ON STIPULATION Granting 33 Stipulation to vacate settlement conference. Signed by Judge Peggy A. Leen on 8/27/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 08/28/2007)

PACER
36 Sept. 26, 2007

ORDER REGARDING TRIAL: Bench Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Exhibit List due by 10/10/2007. Proposed Findings of Fact and Conclusions of Law due by 10/10/2007. Signed by Judge Roger L. Hunt on 9/26/2007. (Copies have been distributed pursuant to the NEF − KMC) (Entered: 09/26/2007)

PACER
37 Sept. 26, 2007

NOTICE ORDER REGARDING TRIAL 36 rescinded. (Docketed in wrong case.) (KMC) (Entered: 09/26/2007)

PACER
38 Oct. 1, 2007

SETTLEMENT AGREEMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 10/01/2007)

PACER
39 Oct. 2, 2007

CONSENT DECREE. Signed by Judge Roger L. Hunt on 10/2/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 10/02/2007)

PACER

Case Details

State / Territory:

Nevada

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Debbrah Bray - affected by unlawful practices of discrimination based on sex including sexual harassment, demotion, reassignment and denial of promotion.

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

TruGreen LandCare

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Other Dockets:

District of Nevada 2:05-cv-01203

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) 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:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Amount Defendant Pays: $100, 000

Order Duration: 2007 - 2009

Issues

General/Misc.:

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Demotion

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Promotion

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation