Case: EEOC v. Phase II Company, Inc.

1:03-cv-01911 | U.S. District Court for the District of Colorado

Filed Date: Sept. 26, 2003

Closed Date: Feb. 16, 2005

Clearinghouse coding complete

Case Summary

EEOC's Denver, Colorado office filed this lawsuit against the defendant, Phase II Company, Inc. d/b/a Phase 2 Company in the United States District Court for the District of Colorado on 09/26/2003. With access only to the docket and the consent decree, there is no information about the individual complainants except that there were up to 10 individual complainants in the case. It appears, however, that the allegations involved a violation of Tittle VII, based on national origin discrimination…

EEOC's Denver, Colorado office filed this lawsuit against the defendant, Phase II Company, Inc. d/b/a Phase 2 Company in the United States District Court for the District of Colorado on 09/26/2003. With access only to the docket and the consent decree, there is no information about the individual complainants except that there were up to 10 individual complainants in the case. It appears, however, that the allegations involved a violation of Tittle VII, based on national origin discrimination (Mexico). The individual complainants moved to intervene but withdrew the motion after the parties settled.

Magistrate Judge Craig B. Shaffer took an active role in the lawsuit. He presided two settlement conferences and four status conferences between the parties. The defendant filed a motion to dismiss or in the alternative for summary judgment before answering the complaint. The motion was denied as moot after the parties filed a proposed consent decree. The district court entered a two-year consent decree based on the proposal on 05/24/2004, after which the parties spent another several months sorting out the allocation of the settlement fund in the consent decree. The case was finally dismissed on 02/16/2005 upon the parties' motion for voluntary dismissal.

This consent decree required the defendant to: pay $750,000, provide EEO training to all employees, conduct orientation meetings to advise supervisors of the terms of the decree, and to hire an EEO Coordinator to oversee the decree's implementation. Additionally, the defendant was required to post notice of EEO rights and to avoid discrimination and retaliation in the future.

Summary Authors

Keri Livingston (7/8/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12044669/parties/eeoc-v-phase-ii-company-inc/


Judge(s)

Nottingham, Edward Willis (Colorado)

Attorney for Plaintiff

Palma, Lynn L. (Colorado)

Attorney for Defendant

Schaecher, Susan M. (Colorado)

Documents in the Clearinghouse

Documents in this case

1:03-cv-01911

Docket [PACER]

Feb. 16, 2005

Feb. 16, 2005

Docket
47

1:03-cv-01911

Consent Decree

EEOC v. Phase II Comp.

May 24, 2004

May 24, 2004

Settlement Agreement
57

1:03-cv-01911

Order Granting the Joint Motion by the Parties for Entry of Dismissal

Feb. 15, 2005

Feb. 15, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12044669/eeoc-v-phase-ii-company-inc/

Last updated April 5, 2025, 11 a.m.

ECF Number Date Description Link
1 Sept. 26, 2003

COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 09/29/2003)

RECAP
2 Oct. 1, 2003

ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Craig B. Shaffer and General Case Management Order by Judge Edward W. Nottingham; disp motions ddl 5/26/04 (cc: to counsel) (pap) (Entered: 10/02/2003)

RECAP
3 Oct. 15, 2003

Minute ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Craig B. Shaffer ; Rule 16 conference set for 8:00 12/4/03 (cc: all counsel) (pap) (Entered: 10/16/2003)

RECAP
4 Oct. 30, 2003

WAIVER OF SERVICE of Summons and Complaint by defendant Phase II Company Inc on 10/3/03 signed by Susan M. Schaecher, Esq (pap) (Entered: 10/31/2003)

RECAP
5 Nov. 21, 2003

Unopposed MOTION by plaintiff to reschedule the scheduling conf set 12/4/03 to a status conf and to extend certain dates under the order et (pap) (Entered: 11/24/2003)

RECAP
6 Nov. 24, 2003

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to reschedule the scheduling conf set 12/4/03 to a status conf and to extend certain dates under the order et [5-1] (pap) (Entered: 11/25/2003)

RECAP
7 Nov. 26, 2003

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting pla's unopposed motion to reschedule the scheduling conf set 12/4/03 to a status conf and to extend certain dates under the order et [5-1] ; rule 16 conf 12/4/03 converted to telephonic status conf and reset for 9:00 12/8/03 (cc: all counsel) ; entry date 11/28/03 (pap) (Entered: 11/28/2003)

RECAP
8 Dec. 2, 2003

AFFIDAVIT of Alison Larsen re: complaint [1-1] (pap) (Entered: 12/03/2003)

RECAP
9 Dec. 2, 2003

MOTION by defendant Phase II Company Inc to dismiss, or, in the alternative, for summary judgment (pap) (Entered: 12/03/2003)

RECAP
10 Dec. 2, 2003

BRIEF by defendant Phase II Company Inc in support of motion to dismiss [9-1], motion for summary judgment [9-2] (pap) (Entered: 12/03/2003)

RECAP
11 Dec. 4, 2003

MOTION by Damian Rodriguez Armendariz, Joel Cervantes, Fernando Chavez Esparza, Ivan J. Garcia, Felipe Rodriguez Gonzales, Sergio Hernandez, Jose Manuel Nunez, Jose Hector Quinones, Mike Rios, Jose San Miguel, EEOC to intervene (pap) (Entered: 12/05/2003)

RECAP
12 Dec. 4, 2003

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to intervene [11-1] (erv) (Entered: 12/05/2003)

RECAP
13 Dec. 8, 2003

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; telephonic status/scheduling conf held 12/8/03 ; rule 16 conference reset for 1:00 1/5/04 ; entry date : 12/10/03 Court Reporter: FTR Reporter Deck Courtroom 3 (pap) (Entered: 12/10/2003)

RECAP
14 Dec. 8, 2003

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [13-2] minutes; scheduling conf set for 1/5/04 1:00 (cc: all counsel) ; entry date : 12/10/03 (pap) (Entered: 12/10/2003)

RECAP
15 Dec. 10, 2003

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer responses are due on or befoe 12/24/03 to [11-1] motion to intervene; setting hearing on motion to intervene [11-1] 1:00 1/5/04 (cc: all counsel) ; entry date : 12/11/03 (pap) (Entered: 12/11/2003)

RECAP
16 Dec. 11, 2003

Disclosure STATEMENT by defendant Phase II Company Inc pursuant to LR 7.4 (pap) (Entered: 12/12/2003)

RECAP
17 Dec. 19, 2003

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; rule 16 conference reset for 8:30 1/5/04 (cc: all counsel) ; entry date : 12/22/03 (pap) (Entered: 12/22/2003)

RECAP
18 Dec. 22, 2003

BRIEF by plaintiff EEOC in opposition to dft's motion to dismiss [9-1], motion for summary judgment [9-2] (pap) (Entered: 12/23/2003)

RECAP
19 Dec. 22, 2003

BRIEF by Applicnts in Intervention Damian Rodriguez Armendariz, et al in opposition to dft's motion to dismiss [9-1], motion for summary judgment [9-2] (pap) (Entered: 12/23/2003)

RECAP
20 Dec. 24, 2003

RESPONSE by defendant Phase II Company Inc to motion to intervene [11-1] (pap) (Entered: 12/26/2003)

RECAP
21 Dec. 24, 2003

RESPONSE by plaintiff EEOC to motion to intervene [11-1] (pap) (Entered: 12/26/2003)

RECAP
22 Dec. 30, 2003

REPLY by Applicants in Intervention Damian Rodriguez Armendariz, et al to dft's response to motion for leave to intervene [11-1] (pap) (Entered: 12/31/2003)

RECAP
23 Dec. 30, 2003

MOTION by defendant Phase II Company Inc to strike applicants in intervention's opposition brief [19-1] to dft's motion to dismiss/ motion for sum jgm (pap) (Entered: 12/31/2003)

RECAP
24 Jan. 5, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer resetting/continuing hearing on motion to intervene [11-1] 11:30 1/12/04 ; rule 16 conference reset/continued for 11:30 1/12/04 (cc: all counsel) ; entry date : 1/6/04 (pap) (Entered: 01/06/2004)

RECAP
34 Jan. 5, 2004

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer taking under advisement on 1/5/04 the motion to intervene [11-1] ; status/motion conf set for 11:30 1/12/04 ; entry date : 1/15/04 Court Reporter: FTR Reporter Desk Courtroom 3 (pap) (Entered: 01/15/2004)

RECAP
25 Jan. 6, 2004

REPLY brief by defendant Phase II Company Inc in opposition to brief of applicants in intervention in opposition to dft's motion to dismiss [9-1], motion for summary judgment [9-2] (pap) Modified on 01/28/2004 (Entered: 01/07/2004)

RECAP
26 Jan. 6, 2004

REPLY brief by defendant Phase II Company Inc to Pla EEOC's brief in opposition to Dft's motion to dismiss [9-1], motion for summary judgment [9-2] (pap) (Entered: 01/07/2004)

RECAP
27 Jan. 9, 2004

Unopposed Request (MOTION) by plaintiff EEOC for limited stay pursuant to 42 USC 2000e-5(f)(1) for a period of 30 days (pap) (Entered: 01/12/2004)

RECAP
28 Jan. 9, 2004

Supplemental MOTION by Damian Rodriguez Armendariz, et al for leave to intervene (pap) (Entered: 01/12/2004)

RECAP
29 Jan. 9, 2004

RESPONSE by Applicants in Intervention Damian Rodriguez Armendariz, et al to dft's motion to strike applicants in intervention's opposition brief [19-1] to dft's motion to dismiss/ motion for sum jgm [23-1] (pap) (Entered: 01/12/2004)

RECAP
31 Jan. 9, 2004

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for limited stay pursuant to 42 USC 2000e-5(f)(1) for a period of 30 days [27-1] (pap) (Entered: 01/12/2004)

RECAP
30 Jan. 12, 2004

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for leave to intervene [28-1] (pap) (Entered: 01/12/2004)

RECAP
32 Jan. 12, 2004

MOTION by plaintiff EEOC to bifurcate proceedings, or alternatively to extend the dispositive motions ddl (pap) (Entered: 01/13/2004)

RECAP
33 Jan. 12, 2004

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; rule 16 conf 1/12/04 vacated and status conf held 1/12/04 granting Pla's motion for limited stay pursuant to 42 USC 2000e-5(f)(1) for a period of 30 days [27-1], All proceedings stayed until 2/27/04; Ruling on motion for leave to intervene [28-1] is held in abeyance, Ruling on motion to bifurcate proceedings [32-1] is held in abeyance; ; entry date : 1/13/04 Court Reporter: FTR Reporter Deck Courtroom 3 (pap) (Entered: 01/13/2004)

RECAP
35 Jan. 14, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [33-2] minutes it is ordered that all matters including discovery are stayed up to and including 2/27/04; Ordered that Ruling on motion to bifurcate proceedings [32-1] and Ruling on motion to extend the dispositive motions ddl [32-2] is held in abeyance during the pendency of the stay; (cc: all counsel) ; entry date : 1/15/04 (pap) (Entered: 01/15/2004)

RECAP
36 Jan. 21, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; settlement conf set for 5:30 2/10/04 - 2/11/4 (cc: all counsel) ; entry date : 1/22/04 (pap) (Entered: 01/22/2004)

RECAP
37 Feb. 10, 2004

MEMORANDUM by Magistrate Judge Craig B. Shaffer ; settlement conf held 2/10/04, no settlement was reached (pap) (Entered: 02/12/2004)

RECAP
38 Feb. 27, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; settlement conf set for 3:30 4/13/04 ; updated confidential settlement statements are due on or before 4/6/04; (cc: all counsel) ; entry date : 2/27/04 (pap) (Entered: 02/27/2004)

RECAP
39 Feb. 27, 2004

Joint MOTION by plaintiff and defendant to extend dispositive motion cutoff date to 7/21/04 (pap) (Entered: 03/01/2004)

RECAP
41 Feb. 27, 2004

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer Telephonic Status Conf held 2/27/04 ; settlement conf set for 4/13/04 3:30; entry date : 3/2/04 Court Reporter: FTR Reporter Deck Courtroom 3 (pap) (Entered: 03/02/2004)

RECAP
40 March 1, 2004

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to extend dispositive motion cutoff date to 7/21/04 [39-1] (pap) (Entered: 03/02/2004)

RECAP
42 March 9, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer pending joint [39-1] motion to extend dispositive motion cutoff date to 7/21/04 ; telephonice status conf set for 8:30 3/18/04 (cc: all counsel) ; entry date : 3/10/04 (pap) (Entered: 03/10/2004)

RECAP
43 March 18, 2004

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; telephonic status conf held 3/18/04 ; denying w/o prejudice dft's joint motion to extend dispositive motion cutoff date to 7/21/04 [39-1] ; entry date : 3/19/04 Court Reporter: FTR Reporter Deck Courtroom 3 (pap) (Entered: 03/19/2004)

RECAP
44 March 18, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying Joint motion to extend dispositive motion cutoff date to 7/21/04 [39-1] (cc: all counsel) ; entry date : 3/19/04 (pap) (Entered: 03/19/2004)

RECAP
45 April 14, 2004

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; settlement conf 4/13/04 ; dsm papers ddl set for 5/13/04 (cc: all counsel) ; entry date : 4/15/04 (pap) (Entered: 04/15/2004)

RECAP
46 May 13, 2004

Joint MOTION by plaintiff, defendant for order approving consent decree and preliminary approval of class claims process (gms) (Entered: 05/14/2004)

RECAP
47 May 24, 2004

CONSENT DECREE by Judge Edward W. Nottingham as approved by counsel; granting motion for order approving consent decree and preliminary approval of class claims process [46-1] (cc: all counsel) ; entry date : 5/24/04 (pap) (Entered: 05/24/2004)

RECAP
48 June 2, 2004

NOTICE of withdrawal of motion with prejudice by Applicants in Intervention re: motion for leave to intervene [28-1], re: motion to intervene [11-1] (pap) (Entered: 06/03/2004)

RECAP
49 June 4, 2004

ORDER by Judge Edward W. Nottingham regarding [47-1] Consent Decree denying as moot motion to bifurcate proceedings [32-1], denying as moot motion to extend the dispositive motions ddl [32-2], denying as moot motion to strike applicants in intervention's opposition brief [19-1] to dft's motion to dismiss/ motion for sum jgm [23-1], denying as moot motion to dismiss [9-1], denying as moot motion for summary judgment [9-2] (cc: all counsel) ; entry date : 6/7/04 (pap) (Entered: 06/07/2004)

RECAP
50 June 14, 2004

Joint MOTION by plaintiff and defendant for order approving a correction of the date by which to mail claim forms (pap) (Entered: 06/15/2004)

RECAP
51 June 15, 2004

ORDER by Judge Edward W. Nottingham granting joint motion for order approving a correction of the date by which to mail claim forms [50-1] (cc: all counsel) ; entry date : 6/16/04 (pap) (Entered: 06/16/2004)

RECAP
52 Jan. 14, 2005

MOTION for (Order)the Court's Approval of the Allocation of the Settlement Fund under Section V of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (pap, ) (Entered: 01/20/2005)

RECAP
53 Jan. 14, 2005

MOTION to File Under Seal the Proposed Final Distribution List Under Section V of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (pap, ) (Entered: 01/20/2005)

RECAP
54 Jan. 14, 2005

Proposed Final Distribution List under Section V (STATEMENT) re 47 Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Filed under Seal and stored with Sealed Documents) (pap, ) (Entered: 01/20/2005)

RECAP
55 Jan. 26, 2005

ORDER granting 53 EEOC's Motion to Seal the proposed final distribution list under section V of Consent Decree. Signed by Judge Edward W. Nottingham on 1/26/05. (pap, ) (Entered: 01/31/2005)

RECAP
56 Jan. 28, 2005

ORDER granting 52 EEOC's Motion for Court Approval of the Allocation of the Settlement Fund under Section V of Consent Decree. Court further directs that, pursuant to the Joint Motion for preliminary approval filed by the Parties 46 that the parties file a joint motion for dismissal of this case by 2/15/05 . Signed by Judge Edward W. Nottingham on 1/27/05. (pap, ) (Entered: 02/01/2005)

RECAP
57 Feb. 15, 2005

JOINT MOTION for Entry of Dismissal by Plaintiff Equal Employment Opportunity Commission, Defendant Phase II Company, Inc. (pap, ) (Entered: 02/17/2005)

RECAP
58 Feb. 16, 2005

ORDER granting 57 Joint Motion to Dismiss. Action is dismissed. Signed by Judge Edward W. Nottingham on 2/16/05. (pap, ) (Entered: 02/18/2005)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 26, 2003

Closing Date: Feb. 16, 2005

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

Phase II Company, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of Colorado 1:03-cv-01911

Available Documents:

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: 750000

Order Duration: 2004 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits

Recommended Citation