Case: EEOC v. GRIMMWAY FARMS

1:06-cv-00561 | U.S. District Court for the Eastern District of California

Filed Date: May 11, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In May 2006 the San Francisco District Office of the EEOC filed this lawsuit against Esparza Enterprises, Inc. and Grimmway Enterprises, Inc., doing business as Grimmway Farms, in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a sexually hostile work environment and retaliated against the complainant for op…
In May 2006 the San Francisco District Office of the EEOC filed this lawsuit against Esparza Enterprises, Inc. and Grimmway Enterprises, Inc., doing business as Grimmway Farms, in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a sexually hostile work environment and retaliated against the complainant for opposing this practice. The complaining party intervened in the lawsuit in May 2007. Following some discovery and a motion for summary judgment by the defendant that was not resolved, the parties settled the lawsuit in November 2007 through a consent decree.The two-year decree, containing anti-discrimination and retaliation provisions, required the defendants to: make compliance reports, keep records, allow the EEOC access for monitoring, develop an anti-discrimination policy, post and distribute notice of employee rights, provide EEO training, agree to impose discipline upon violating supervisors/managers, and pay $175,000 in damages to a complaining party. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

David Friedman (4/24/2008)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5728521/parties/eeoc-v-grimmway-enterprises-inc/


Judge(s)

O'Neill, Lawrence Joseph (California)

Expert/Monitor/Master/Other

Bryant, Shelley G. (California)

Documents in the Clearinghouse

Documents in this case

1:06-cv-00561

Docket (PACER)

EEOC v. Grimmway Enterprises, Inc.

Nov. 19, 2007

Nov. 19, 2007

Docket
1

1:06-cv-00561

Complaint

EEOC v. Grimmway Enterprises, Inc.

May 10, 2006

May 10, 2006

Complaint
45

1:06-cv-00561

Complaint in Intervention - Civil Rights

EEOC, Ana-Berta Rubio v. Grimmway Enterprises, Inc.

May 18, 2007

May 18, 2007

Complaint

1:06-cv-00561

Consent Decree

EEOC v. Grimmway Enterprises, Inc.

Nov. 15, 2007

Nov. 15, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5728521/eeoc-v-grimmway-enterprises-inc/

Last updated April 5, 2025, 10:30 a.m.

ECF Number Date Description Link
1 May 10, 2006

COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Ordonio-Dixon, Linda) (Entered: 05/10/2006)

PACER
May 10, 2006

AT CASE CONVERTED to CIVIL CASE 1:06-cv-561 AWI DLB(Martin, S) (Entered: 05/11/2006)

PACER
2 May 11, 2006

SUMMONS ISSUED as to *Grimmway Enterprises, Inc. d/b/a Grimmway Farms, Esparza Enterprises, Inc.* with answer to complaint due within *20* days. Attorney *Linda Susan Ordonio-Dixon* *U.S. Equal Employment Opportunity Commission* *350 The Embarcadero, Suite 500* *San Francisco, CA 94105-1260*. (Martin, S) (Entered: 05/11/2006)

PACER
3 May 11, 2006

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/10/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Martin, S) (Entered: 05/11/2006)

PACER
4 May 11, 2006

CLERK'S NOTICE (TEXT ENTRY ONLY) to Linda Ordonio-Dixon) re 1 Complaint. Your document is not signed. Your signature on an electronically filed document is indicated by /s/ First Name-Last Name. Please include this text on the signature line of all future filings(Local Rule 7-131c). (Carter-Ford, R) (Entered: 05/11/2006)

PACER
6 Aug. 9, 2006

ORDER TO CONTINUE SCHEDULING CONFERENCE Scheduling Conference CONTINUED from 8/10/2006 to 10/12/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. signed by Judge Dennis L. Beck on 8/9/2006. (Hernandez, M)

RECAP
7 Oct. 5, 2006

MOTION to CONTINUE CASE MANAGEMENT CONFERENCE DATES by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio-Dixon)(Ordonio-Dixon, Linda) (Entered: 10/05/2006)

PACER
8 Oct. 6, 2006

ORDER Scheduling Conference RESET from 10/12/2006 to 12/14/2006 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Joint Scheduling Report Deadline 12/7/2006. signed by Judge Dennis L. Beck on 10/6/2006. (Hernandez, M)

RECAP
9 Dec. 7, 2006

MOTION for EXTENSION To Continue Case Mgt Conference by Equal Employment Opportunity Commission by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio-Dixon)(Ordonio-Dixon, Linda) (Entered: 12/07/2006)

PACER
10 Dec. 13, 2006

THIRD MOTION TO EXTEND SCHEDULING CONFERENCE AND ORDER The Scheduling Conference is CONTINUED to 2/21/2007 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. The Joint Scheduling Report is due 2/14/2007. signed by Judge Dennis L. Beck on 12/13/2006. (Hernandez, M)

RECAP
11 Feb. 14, 2007

MOTION for EXTENSION 2 weeks by Equal Employment Opportunity Commission Motion for Extension of Case Management Conference by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Entered: 02/14/2007)

PACER
12 Feb. 15, 2007

CLERK'S NOTICE (TEXT ONLY) to Linda Ordonio-Dixon re 11 MOTION for EXTENSION 2 weeks by Equal Employment Opportunity Commission. Your document is not signed. Your signature on an electronically filed document is indicated by/s/ First Name-Last Name. Please include this text on the signature line of all future filings(Local Rule 7-131c). (Gil-Garcia, A) (Entered: 02/15/2007)

PACER
13 Feb. 20, 2007

ORDER GRANTING 7 Motion to Continue Scheduling Conference from 2/21/2007 to 3/7/2007 at 9:00 am before Magistrate Judge Beck. signed by Judge Dennis L. Beck on 2/20/2007. (Hernandez, M) (Entered: 02/20/2007)

PACER
14 Feb. 24, 2007

ORDER by Chief Judge David F. Levi; Due to the recent appointment of Judge Lawrence J. O'Neill to the position of U.S. District Judge, this action is REASSIGNED from Judge Anthony W. Ishii to Judge Lawrence J. O'Neill for all further proceedings. (Timken, A) (Entered: 02/24/2007)

PACER
15 Feb. 27, 2007

MINUTE ORDER: (TEXT ONLY) DUE TO REASSIGNMENT OF DISTRICT JUDGE - Scheduling Conference set for 3/7/2007 at 09:00 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. NOTE: DATE SET BEFORE JUDGE BECK HAS BEEN VACATED (3/7/07). Counsel may appear by telephone by arranging a one-line conference call and calling the court at (559) 499-5680. (Lira, I) (Entered: 02/27/2007)

PACER
16 Feb. 28, 2007

MINUTE ORDER: (TEXT ONLY) Scheduling Conference currently set for 3/7/07 has been CONTINUED 6/6/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. A joint scheduling report is due 5/30/07. (Lira, I) (Entered: 02/28/2007)

PACER
17 March 13, 2007

STIPULATION and Proposed Order by Grimmway Enterprises, Inc., Equal Employment Opportunity Commission, Esparza Enterprises, Inc.. Attorney Bauer, Paul J. added. (Bauer, Paul) (Entered: 03/13/2007)

PACER
18 March 15, 2007

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. (Proof of Service) (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

PACER
19 March 15, 2007

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. "Proof of Service" of Grimmway Enterprises, Inc. d/b/a Grimmway Farms (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

PACER
20 March 15, 2007

CERTIFICATE of SERVICE by Equal Employment Opportunity Commission. "Proof of Service" of Esparza Enterprises, Inc. (Ordonio-Dixon, Linda) (Entered: 03/15/2007)

PACER
21 March 15, 2007

MINUTE ORDER: Scheduling Conference currently set for 6/6/07 has been CONTINUED to 6/12/2007 at 08:45 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. STANDING ORDER attached. (Judge O'Neill is required to attend an out-of-district seminar the week of June 5th). (Lira, I) (Entered: 03/15/2007)

PACER
22 March 16, 2007

CLERK'S NOTICE: Attn: Linda Ordonio-Dixon regarding 20 Certificate of Service, 18 Certificate of Service, 19 Certificate of Service - Proof of Service of Summons and Complaint ~ When filing a proof of service of the Summons and Complaint, you must use the event Summons Returned Executed under the Service of Process category. Please re-file your document using the correct event. (Kusamura, W) (Entered: 03/16/2007)

PACER
23 March 16, 2007

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. Grimmway Enterprises, Inc. served on 2/23/2007, answer due 3/15/2007. (Ordonio-Dixon, Linda) (Entered: 03/16/2007)

PACER
24 March 16, 2007

SUMMONS RETURNED EXECUTED by Equal Employment Opportunity Commission. Esparza Enterprises, Inc. served on 2/23/2007, answer due 3/15/2007. (Ordonio-Dixon, Linda) (Entered: 03/16/2007)

PACER
25 March 19, 2007

STIPULATION and ORDER extending defendants response time. Response due by 5/4/2007. Order signed by Judge Lawrence J. O'Neill on 3/19/2007. (Timken, A)

RECAP
26 April 12, 2007

MOTION to INTERVENE by Ana-Berta Rubio. Attorney Smith, William J. added. Motion Hearing set for 5/18/2007 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Smith, William) (Entered: 04/12/2007)

PACER
27 April 12, 2007

MEMORANDUM/RESPONSE in SUPPORT re 26 MOTION to INTERVENE. (Smith, William) (Entered: 04/12/2007)

PACER
29 April 12, 2007

PROPOSED ORDER Proposed Order re 26 MOTION to INTERVENE. (Smith, William) (Entered: 04/12/2007)

PACER
30 April 13, 2007

STATEMENT of NON-OPPOSITION to MOTION re 26 MOTION to INTERVENE. (Ordonio-Dixon, Linda) (Entered: 04/13/2007)

PACER
31 May 4, 2007

ANSWER to COMPLAINT with Jury Demand by Grimmway Enterprises, Inc.. Attorney Brumfield, Lorna Hislop added.(Brumfield, Lorna) (Entered: 05/04/2007)

PACER
32 May 4, 2007

ANSWER to COMPLAINT by Esparza Enterprises, Inc..(Bauer, Paul) (Entered: 05/04/2007)

PACER
33 May 7, 2007

MINUTE ORDER: (TEXT ENTRY ONLY) RESET MOTION HEARING as to 26 MOTION to INTERVENE: Motion Hearing RESET from 5/18/2007 to 5/17/2007 at 02:00 PM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) (Entered: 05/07/2007)

PACER
34 May 10, 2007

STANDING ORDER for Judge O'Neill (Lira, I)

RECAP
35 May 10, 2007

MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues by Grimmway Enterprises, Inc.. Attorney Kinney, Jay Nile added. Motion Hearing set for 6/18/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Kinney, Jay) (Entered: 05/10/2007)

PACER
36 May 10, 2007

MEMORANDUM/RESPONSE in SUPPORT re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

PACER
37 May 10, 2007

DECLARATION of Rita C, Serda in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

PACER
38 May 10, 2007

DECLARATION of Sean McNally in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

PACER
39 May 10, 2007

STATEMENT of undisputed material facts in support of motion for summary judgment or summary adjudication by Defendant Grimmway Enterprises, Inc. re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 05/10/2007)

PACER
40 May 10, 2007

APPENDIX by Grimmway Enterprises, Inc. re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues filed by Grimmway Enterprises, Inc.,. Appendix of non-case/statutory authorities cited (Kinney, Jay) (Entered: 05/10/2007)

PACER
41 May 14, 2007

STATEMENT of NON-OPPOSITION to MOTION re 26 MOTION to INTERVENE. by Defendant GRIMMWAY (Brumfield, Lorna) (Entered: 05/14/2007)

PACER
43 May 15, 2007

MINUTE ORDER: (TEXT ENTRY ONLY) Motion to Intervene by Ana-Berta Rubio 26 set for hearing 5/17/07 at 2:00pm before Magistrate Judge Beck IS TAKEN OFF CALENDAR. The motion is unopposed, the court will issue written order. (Hernandez, M) (Entered: 05/15/2007)

PACER
44 May 18, 2007

ORDER GRANTING Motion to Intervene 26 . Signed by Judge Dennis L. Beck on 5/15/07. (Hellings, J)

RECAP
45 May 18, 2007

INTERVENOR COMPLAINT by Ana-Berta Rubio.(Smith, William) (Entered: 05/18/2007)

PACER
46 May 31, 2007

MEMORANDUM/RESPONSE in OPPOSITION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Attachments: # 1 Statement of Disputed Facts# 2 Statement of Response/Objections to Grimmway Facts# 3 Declaration of Moore# 4 Exhibit s to the Decl of Moore)(Ordonio-Dixon, Linda) (Entered: 05/31/2007)

PACER
47 June 4, 2007

JOINDER by Ana-Berta Rubio in plaintiff's opposition to defendant's motion for summary judgment 46 35 . (Smith, William) (Entered: 06/04/2007)

PACER
48 June 6, 2007

JOINT SCHEDULING REPORT by Grimmway Enterprises, Inc.. (Brumfield, Lorna) (Entered: 06/06/2007)

PACER
49 June 6, 2007

MINUTE ORDER: (TEXT ONLY) Scheduling Conference currently set for 6/12/07 has been CONTINUED to 6/28/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Lira, I) (Entered: 06/06/2007)

PACER
50 June 6, 2007

ANSWER to INTERVENOR COMPLAINT by Grimmway Enterprises, Inc..(Brumfield, Lorna) (Entered: 06/06/2007)

PACER
51 June 11, 2007

REPLY to RESPONSE to MOTION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . (Kinney, Jay) (Entered: 06/11/2007)

PACER
52 June 11, 2007

DECLARATION of Lorna H. Brumfield in support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition (Kinney, Jay) (Entered: 06/11/2007)

PACER
53 June 11, 2007

DECLARATION of Rita C. Serda in Support of re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition (Kinney, Jay) (Entered: 06/11/2007)

PACER
54 June 11, 2007

REPLY to RESPONSE to MOTION re 35 MOTION for SUMMARY JUDGMENT or in the alternative Summary Adjudication of Issues . Reply to Opposition to Evidence (Kinney, Jay) (Entered: 06/11/2007)

PACER
55 June 12, 2007

DECISION ON DEFENDANT'S SUMMARY JUDGMENT MOTION 35 : SCHEDULING CONFERENCE currently set for 6/28/07 has been VACATED AND RESET for 8/31/07 at 8:30am. signed by Judge Lawrence J. O'Neill on 6/12/07. (Lira, I)

RECAP
57 Aug. 17, 2007

MINUTE ORDER: (TEXT ONLY ENTRY) Scheduling Conference currently set for 831/07 has been CONTINUED to 9/26/2007 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. Parties are in settlement negotiations. (Lira, I) (Entered: 08/17/2007)

PACER
58 Sept. 20, 2007

NOTICE of SETTLEMENT by Ana-Berta Rubio.Filing due by 10/15/2007. (Smith, William) (Entered: 09/20/2007)

PACER
59 Sept. 21, 2007

ORDER AFTER SETTLEMENT: Dismissal due by 10/22/2007 signed by Judge Lawrence J. O'Neill on 9/21/07. (Lira, I)

RECAP
60 Oct. 24, 2007

MINUTE ORDER: Request for 2-week continuance of date for filing the dismissal is GRANTED. The Court orders that dispositive documents be submitted no later than November 7, 2007. (Lira, I) (Entered: 10/24/2007)

PACER
61 Nov. 7, 2007

PROPOSED ORDER [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Entered: 11/07/2007)

PACER
62 Nov. 15, 2007

Consent Decree, signed by Judge Lawrence J. O'Neill on 11/9/2007. (Scrivner, E)

RECAP
63 Nov. 15, 2007

Consent Decree, signed by Judge Lawrence J. O'Neill on 11/15/2007. (Scrivner, E)

RECAP
64 Nov. 19, 2007

ORDER To Administratively Close Action, signed by Judge Lawrence J. O'Neill on 11/16/2007. CASE CLOSED. (Scrivner, E)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2006

Closing Date: 2009

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

Esparza Enterprises, Inc.

Grimmway Enterprises, Inc.

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

Eastern District of California 1:06-cv-00561

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:

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 175000

Order Duration: 2007 - 2009

Issues

General/Misc.:

Retaliation

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

Private Party intervened in EEOC suit

Recommended Citation