Case: EEOC v. ROSWELL RADIO, INC

1:04-cv-00729 | U.S. District Court for the District of New Mexico

Filed Date: June 29, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees to a work environment hostile to…

In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees to a work environment hostile to claimants' sex, and one case pregnancy, resulting in constructive discharge, or in one case retaliatory discharge following opposition to these practices. Following some discovery and a partial motion for summary judgment by the EEOC that was never decided, the parties settled the lawsuit through a consent decree in April 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the claimants' with neutral references, develop an anti-discrimination policy, provide training to all employees, stockholders and owners of the company, distribute and post notice of employee rights, develop a complaint resolution process, and pay $280,000 to be distributed to three complainants to cover damages, costs and attorney's fees. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Daisy Manning (10/18/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5313907/parties/eeoc-v-roswell-radio-inc/


Judge(s)

Black, Bruce D. (New Mexico)

Documents in the Clearinghouse

Documents in this case

1:04-cv-00729

Docket (PACER)

EEOC v. Roswell Radio, Inc

Oct. 12, 2006

Oct. 12, 2006

Docket
1

1:04-cv-00729

Complaint

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

June 29, 2004

June 29, 2004

Complaint
43

1:04-cv-00729

Discovery and Confidentiality Order

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

March 29, 2005

March 29, 2005

Order/Opinion
52

1:04-cv-00729

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

Sept. 19, 2005

Sept. 19, 2005

Order/Opinion
74

1:04-cv-00729

Consent Decree

Equal Employment Opportunity Commission v. Roswell Radio, Incorporated

April 13, 2006

April 13, 2006

Settlement Agreement

1:04-cv-00729

EEOC Litigation Settlements - April 2006

EEOC v. Roswell Radio, Inc.

No Court

July 5, 2006

July 5, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5313907/eeoc-v-roswell-radio-inc/

Last updated April 5, 2025, 10:46 a.m.

ECF Number Date Description Link
1 June 29, 2004

COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Karen B. Molzen) (emr) (Entered: 06/30/2004)

PACER
June 29, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 06/30/2004)

PACER
2 July 7, 2004

NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (cc: intake) (jrm) (Entered: 07/07/2004)

PACER
3 July 8, 2004

MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Leslie C Smith to District Judge Bruce D. Black (cc: all counsel*) (jrm) (Entered: 07/08/2004)

PACER
July 22, 2004

SUMMONS issued as to deft c/o John M Dunn registered agent (jrm) (Entered: 07/22/2004)

PACER
4 Aug. 5, 2004

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by deft on 8/5/04 (*) (jrm) (Entered: 08/05/2004)

PACER
5 Aug. 25, 2004

ANSWER by defendant [1-1] * (sl) (Entered: 08/26/2004)

PACER
6 Aug. 26, 2004

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen Telephonic Rule 16 scheduling conference set for 10/14/04 at 1:30 pm; provisional discovery plan and IPTR due on 10/7/04 (cc: all counsel*) (sl) (Entered: 08/27/2004)

PACER
7 Oct. 5, 2004

PROVISIONAL DISCOVERY PLAN by parties herein (*) (jrm) (Entered: 10/05/2004)

PACER
8 Oct. 7, 2004

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 10/7/04 * (vv) (Entered: 10/07/2004)

PACER
9 Oct. 7, 2004

CERTIFICATE of service of Rule 26(a) initial disclosures by deft to counsel on 10/7/04 (*) (jrm) Modified on 10/08/2004 (Entered: 10/07/2004)

PACER
10 Oct. 13, 2004

MOTION by deft to stay proceedings (*) (jrm) (Entered: 10/14/2004)

PACER
11 Oct. 13, 2004

MEMORANDUM by deft in support of motion to stay proceedings [10-1] (*) (jrm) (Entered: 10/14/2004)

PACER
13 Oct. 14, 2004

ORDER by Magistrate Judge Karen B. Molzen setting a settlement conference for 1/12/05 @ 1:30 pm in Las Cruces, NM (cc: all counsel*) (jrm) (Entered: 10/14/2004)

PACER
14 Oct. 27, 2004

INITIAL PRE-TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Karen B. Molzen ; Discovery set for 3/14/05 ; mtn filing ddl set for 4/18/05 ; proposed pretrial order due 6/28/05 ; pretrial conference set for 8:30 am on 8/8/05 ; jury trial set for 9:00 am on 8/23/05 in Roswell, NM ; Estimated # of Trial Days: 7-10; Chances of Settlement: unknown (cc: all counsel) (jrm) Modified on 11/01/2004 (Entered: 10/27/2004)

PACER
15 Nov. 4, 2004

MEMORANDUM OF RESPONSE by pltf to motion to stay proceedings [10-1] (*) (jrm) (Entered: 11/04/2004)

PACER
16 Nov. 24, 2004

REPLY by deft to response to mtn to stay proceedings [10-1]* (kd) (Entered: 11/24/2004)

PACER
17 Dec. 2, 2004

ERRATA by defendant to reply to motion to stay [16-1] * (sl) (Entered: 12/02/2004)

PACER
18 Dec. 2, 2004

NOTICE by defendant of completion of briefing on motion to stay proceedings [10-1]* (sl) (Entered: 12/02/2004)

PACER
19 Dec. 7, 2004

CERTIFICATE of service of 1st set of interrog(s) & 1st request for production by pltf to counsel on 12/6/04 (*) (jrm) (Entered: 12/07/2004)

PACER
20 Dec. 21, 2004

CERTIFICATE of service of 1st supplemental Rule 26(a) disclosures by deft to counsel on 12/21/04 (*) (jrm) (Entered: 12/22/2004)

PACER
21 Dec. 22, 2004

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 12/22/04 (*) (jrm) (Entered: 12/22/2004)

PACER
22 Jan. 10, 2005

CERTIFICATE of service of answers to 1st set of interrog(s) & responses to 1st request for production by deft to counsel on 1/10/05 (*) (jrm) Modified on 01/11/2005 (Entered: 01/10/2005)

PACER
23 Jan. 10, 2005

MOTION by deft for protective order re: striking/discovery (*) (jrm) (Entered: 01/10/2005)

PACER
24 Jan. 10, 2005

MEMORANDUM of law by deft in support of motion for protective order re: striking/discovery [23-1] (*) (jrm) (Entered: 01/10/2005)

PACER
25 Jan. 12, 2005

SETTLEMENT CONFERENCE held before US Magistrate Judge Karen B. Molzen; case did not settle (js) (Entered: 01/13/2005)

PACER
26 Jan. 13, 2005

MINUTE ORDER: Case referred from Magistrate Judge Karen B Molzen to Magistrate Judge Leslie C. Smith as further described herein (cc: all counsel*) (jrm) (Entered: 01/13/2005)

PACER
27 Jan. 13, 2005

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference re: all pending mtns set for 2/1/05 @ 11:00 am (cc: all counsel*) (jrm) (Entered: 01/13/2005)

PACER
29 Jan. 28, 2005

APPENDIX of exhibits filed by pltf in support of response to motion for protective order re: striking/discovery [23-1] (jrm) (Entered: 01/31/2005)

PACER
30 Jan. 31, 2005

UNOPPOSED MOTION by pltf to extend time until 2/28/05 to serve mtn to compel (*) (jrm) (Entered: 01/31/2005)

PACER
31 Feb. 2, 2005

MOTION by deft for leave to file supplemental brief in support of its mtn to stay (jrm) (Entered: 02/02/2005)

PACER
32 Feb. 3, 2005

CERTIFICATE of service of 1st request for admissions & 2nd request for production by pltf to counsel on 2/3/05 (*) (jrm) (Entered: 02/04/2005)

PACER
33 Feb. 10, 2005

CERTIFICATE of service by defendant of 1st interrogatories, requests for admissions/production to counsel on 2/10/05 * (vv) (Entered: 02/10/2005)

PACER
34 Feb. 11, 2005

AMENDED CERTIFICATE of service of 1st set of interrog(s), requests for admissions & requests for production by deft to counsel on 2/11/05 (*) (jrm) (Entered: 02/11/2005)

PACER
35 Feb. 17, 2005

RESPONSE by pltf to motion for leave to file supplemental brief in support of its mtn to stay [31-1] (*) (jrm) (Entered: 02/17/2005)

PACER
36 Feb. 21, 2005

CERTIFICATE of service of responses to 2nd requests for production & 1st request for admissions by deft to counsel on 2/21/05 (*) (jrm) (Entered: 02/22/2005)

PACER
37 Feb. 25, 2005

REPLY by defendant to response to motion for leave to file supplemental brief in support of its mtn to stay [31-1] * (vv) (Entered: 02/25/2005)

PACER
38 Feb. 28, 2005

NOTICE by deft of completion of briefing on mtn for leave to file supplemental brief in support of mtn to stay [31-1] (*) (jrm) (Entered: 02/28/2005)

PACER
39 March 1, 2005

CERTIFICATE of service of 2nd supplemental initial disclosures by pltf to counsel on 3/1/05 (*) (jrm) (Entered: 03/01/2005)

PACER
40 March 3, 2005

ORDER by Magistrate Judge Leslie C. Smith setting a settlement conference for 3/15/05 @ 8:15 am in Roswell, NM (cc: all counsel*) (jrm) (Entered: 03/03/2005)

PACER
41 March 14, 2005

DISCOVERY STIPULATION re witnesses by parties* (sl) (Entered: 03/15/2005)

PACER
42 March 23, 2005

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 4/7/05 @ 10:00 am (cc: all counsel*) (jrm) (Entered: 03/23/2005)

PACER
43 March 29, 2005

DISCOVERY & CONFIDENTIALITY ORDER by Magistrate Judge Leslie C. Smith re [40-1] (cc: all counsel) (yc) (Entered: 03/29/2005)

PACER
44 April 4, 2005

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 5/23/05 @ 11:30 am (cc: all counsel*) (jrm) (Entered: 04/04/2005)

PACER
46 April 4, 2005

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Status hearing held; parties request time to analyze financial records as further described herein Law Clerk: J. Fritsch (yc) (Entered: 04/07/2005)

PACER
47 April 12, 2005

ORDER by District Judge Bruce D. Black , Case stayed as to pending discovery relating to settlement negotiations re [47-2] stayed through 6/7/05 except Rule 69 depositions & related requests; deft's settlement offer is not accepted by pltf & claimants by 6/7/05, the court will reschedule all discovery & mtns deadlines, trial date and all other matters necessary to bring this matter to a prompt resolution (cc: all counsel) (yc) Modified on 04/28/2005 (Entered: 04/12/2005)

PACER
48 June 28, 2005

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference set for 7/11/05 @ 10:30 am to set settlement conference (cc: all counsel*) (jrm) (Entered: 06/28/2005)

PACER
49 July 8, 2005

ORDER by Magistrate Judge Leslie C. Smith Telephonic Status conference reset for 8/8/05 @ 10:00 am (cc: all counsel*) (jrm) (Entered: 07/08/2005)

PACER
50 Aug. 8, 2005

ORDER by Magistrate Judge Leslie C. Smith vacating Order staying discovery [47-1] Discovery cutoff 9/30/05 ; Motion Filing cutoff 11/15/05 (cc: all counsel*) (jrm) (Entered: 08/08/2005)

PACER
51 Aug. 11, 2005

NOTICE by pltf of unavailability of counsel between 8/26/05 & 9/9/05 (*) (jrm) (Entered: 08/11/2005)

PACER
52 Sept. 19, 2005

MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Leslie C. Smith granting/denying in part deft's motion for protective order re: striking/discovery as described herein [23-1] (cc: all counsel*) (jrm)

RECAP
53 Sept. 26, 2005

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Discovery cutoff 11/15/05 ; Motion Filing cutoff 12/15/05 (*) (jrm) (Entered: 09/26/2005)

PACER
54 Oct. 3, 2005

CONFIDENTIALITY ORDER by Magistrate Judge Leslie C. Smith re [52-1] (cc: all counsel) (yc) (Entered: 10/03/2005)

PACER
55 Oct. 6, 2005

NOTICE of hearing before District Judge Black Pretrial conference set for 4/20/06 @ 1:30 pm ; Jury selection/ trial set for 5/1/06 @ 9:00 am, all in Albuquerque (cc: all counsel*) (jrm) (Entered: 10/07/2005)

PACER
56 Oct. 19, 2005

ORDER by Magistrate Judge Leslie C. Smith setting settlement conference for 11/2/05 at 8:30 am (cc: all counsel) * (vv) (Entered: 10/20/2005)

PACER
57 Oct. 24, 2005

CERTIFICATE of service of answers & responses by deft to counsel on 10/20/05 (jrm) (Entered: 10/25/2005)

PACER
58 Oct. 27, 2005

ORDER by Magistrate Judge Leslie C. Smith vacating the 11/2/05 settlement conference (cc: all counsel*) (jrm) (Entered: 10/28/2005)

PACER
59 Oct. 31, 2005

CERTIFICATE of service by defendant of 1st supplemental responses to 1st request for production to counsel on 10/28/05 (vv) (Entered: 10/31/2005)

PACER
60 Nov. 7, 2005

UNOPPOSED MOTION by pltf to extend time to brief dispositive mtns as described herein (jm) (Entered: 11/07/2005)

PACER
62 Nov. 25, 2005

NOTICE by parties of discovery stipulation (vv) (Entered: 11/28/2005)

PACER
63 Dec. 5, 2005

MOTION by pltf for partial summary judgment (jrm) (Entered: 12/06/2005)

PACER
64 Dec. 5, 2005

MEMORANDUM by pltf in support of motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

PACER
65 Dec. 5, 2005

AFFIDAVIT of Loretta Medina re: motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

PACER
66 Dec. 5, 2005

AFFIDAVIT of Jeffrey Stuhlmann re: motion for partial summary judgment [63-1] (jrm) (Entered: 12/06/2005)

PACER
67 Dec. 30, 2005

UNOPPOSED MOTION by deft to extend time to file response to mtn for partial sum/jgm (*) (jrm) (Entered: 12/30/2005)

PACER
68 Dec. 30, 2005

CLERK'S MINUTES: before Magistrate Judge Leslie C. Smith Telephonic status conference held * (vv) (Entered: 12/30/2005)

PACER
69 Jan. 3, 2006

ORDER by Magistrate Judge Leslie C. Smith granting deft's unopposed motion to extend time to file response to mtn for partial sum/jgm until 1/13/06 & pltf shall reply by 1/25/06 to deft's response; [67-1] (cc: all counsel) (yc) (Entered: 01/03/2006)

PACER
70 Jan. 13, 2006

RESPONSE by deft to motion for partial summary judgment [63-1] (*) (jrm) (Entered: 01/13/2006)

PACER
71 Jan. 25, 2006

REPLY memo in support by pltf to response to motion for partial summary judgment [63-1] (jrm) (Entered: 01/26/2006)

PACER
72 Jan. 26, 2006

NOTICE by pltf of completion of briefing on mtn for partial sum/jgm [63-1] (jrm) (Entered: 01/26/2006)

PACER
73 March 27, 2006

NOTICE of hearing before District Judge Black Jury selection/trial set for 5/1/06 @ 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 03/27/2006)

PACER
74 April 13, 2006

CONSENT (decree) JUDGMENT by District Judge Bruce D. Black as described herein (cc: all counsel) (sl) (Entered: 04/13/2006)

PACER
75 Oct. 12, 2006

CERTIFICATE of service of answers to 1st set of interrog(s) & 1st request for production by deft to counsel on 10/12/06 (*) "DOCUMENT FILED IN ERROR" (jrm) Modified on 11/15/2006 (Entered: 10/13/2006)

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 29, 2004

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

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Roswell Radio, Inc.

Roswell Radio, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:04-cv-00729

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

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: 280000

Order Duration: 2006 - 2009

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation