Case: EEOC v. VENTURA FOODS LLC

0:05-cv-00663 | U.S. District Court for the District of Minnesota

Filed Date: March 31, 2005

Closed Date: Sept. 1, 2008

Clearinghouse coding complete

Case Summary

In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleges the defendant instituted and maintained a policy contained in its Severance Agreement and General Release requiring termi…
In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleges the defendant instituted and maintained a policy contained in its Severance Agreement and General Release requiring terminated employees to waive their rights to file discrimination charges with the EEOC in exchange for severance payment, which is retaliatory under Title VII and the ADEA. After some discovery and filing of summary judgment motions by both parties, the parties settled in September 2006 through a consent decree.The two-year decree, containing a non-retaliation clause, requires the defendant to: no longer contractually require employees or former employees to agree not file charges with the EEOC, pay employees who refused to sign the agreement the enhanced severance amount, inform former employees of the severance of the contract clause, waive the limitations period for filing discrimination charges with the EEOC, and permit monitoring by the EEOC. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Daisy Manning (9/28/2007)

Clearinghouse (6/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4713517/parties/equal-employment-opportunity-commission-v-ventura-foods-llc/


Judge(s)

Kyle, Richard House (Minnesota)

Documents in the Clearinghouse

Documents in this case

0:05-cv-00663

Docket (PACER)

EEOC v. Ventura Foods LLC

Sept. 1, 2006

Sept. 1, 2006

Docket
1

0:05-cv-00663

Complaint

EEOC v. Ventura Foods LLC

March 31, 2005

March 31, 2005

Complaint
52

0:05-cv-00663

Consent Decree

EEOC v. Ventura Foods LLC

Sept. 1, 2006

Sept. 1, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4713517/equal-employment-opportunity-commission-v-ventura-foods-llc/

Last updated March 31, 2026, 4:57 a.m.

ECF Number Date Description Link
1 March 31, 2005

COMPLAINT against Ventura Foods, LLC, filed by Equal Employment Opportunity Commission. Assigned to Judge Richard H Kyle and referred to Magistrate Judge Janie S Mayeron per Individual Civil Rights list. 4:05ad225. (Attachments: # 1 Civil Cover Sheet).(LJD) DOCUMENT QC'd by KT on 3/23/11. (KT) (Entered: 04/01/2005)

RECAP
March 31, 2005

Summons Issued as to Ventura Foods, LLC. (LJD)

2 April 5, 2005

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Ventura Foods, LLC served on 4/1/2005, answer due 4/21/2005. (LJD) (Entered: 04/05/2005)

RECAP
3 Sept. 16, 2005

ANSWER to Complaint by Ventura Foods, LLC. (Attachments: # 1 Exhibit A)(McGarry, Daniel) (Entered: 09/16/2005)

RECAP
4 Sept. 16, 2005

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 3 Answer(McGarry, Daniel) Modified links on 9/19/2005 (LJD). (Entered: 09/16/2005)

RECAP
5 Oct. 17, 2005

NOTICE of PRETRIAL CONFERENCE: Pretrial Conference set for 12/5/2005 01:45 PM before Magistrate Judge Janie S Mayeron. (LPH) (Entered: 10/18/2005)

RECAP
6 Nov. 23, 2005

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission and Ventura Foods. (Attachments: # 1 Certificate of Service)(Burnside, Tina) Added Filer on 11/25/2005 (JME). (Entered: 11/23/2005)

RECAP
7 Dec. 2, 2005

NOTICE of Appearance by Amy C Taber on behalf of Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)

RECAP
8 Dec. 2, 2005

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 7 Notice of Appearance Association of Counsel for Defendant Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)

RECAP
9 Dec. 8, 2005

PRETRIAL SCHEDULING ORDER: Discovery due by 5/1/2006. Motions (non-disp) due 7/1/2006. Motions (disp) due by 8/1/2006. Ready for trial due by 11/1/2006. Signed by Magistrate Judge Janie S Mayeron on 12/8/05. (JME) (Entered: 12/08/2005)

RECAP
10 Dec. 9, 2005

DOCUMENT FILED IN ERROR - REPLACED BY DOC. #11. MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) Modified on 12/13/2005 (MMC). Modified on 1/6/2006 (MMC). (Entered: 12/09/2005)

RECAP
11 Jan. 4, 2006

AMENDED MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC - Replaces Doc. #10. (Attachments: # 1 Affidavit of Service)(Taber, Amy) Modified on 1/6/2006 (MMC). (Entered: 01/04/2006)

RECAP
Jan. 4, 2006

TEXT ONLY ENTRY - ORDER granting 11 Motion for Admission Pro Hac Vice of Attorney Thomas Godar for Ventura Foods, LLC. Fee paid; receipt number 147989. Approved by Clerk Richard D Sletten on 1/4/06. (MMC)

12 Jan. 19, 2006

NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Ventura Foods, LLC (Taber, Amy) (Entered: 01/19/2006)

RECAP
13 Jan. 19, 2006

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 12 Notice of Attorney Appearance/Substitution (Taber, Amy) (Entered: 01/19/2006)

RECAP
14 March 6, 2006

STIPULATION for Protective Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Burnside, Tina) (Entered: 03/06/2006)

RECAP
15 March 6, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 14 Stipulation for Protective Order (Burnside, Tina) (Entered: 03/06/2006)

RECAP
16 March 9, 2006

ORDER FOR Settlement Conference set for 4/13/2006 at 10:30 AM before Magistrate Judge Janie S Mayeron in Room 710 in St. Paul. Signed by Magistrate Judge Janie S Mayeron on 3/9/06. (JME) (Entered: 03/09/2006)

RECAP
17 March 16, 2006

PROTECTIVE ORDER. Signed by Magistrate Judge Janie S Mayeron on 3/16/06. (JMH) (Entered: 03/16/2006)

RECAP
18 April 11, 2006

ORDER that the early settlement conference scheduled on 4/13/06 is canceled. Signed by Magistrate Judge Janie S Mayeron on 4/11/06. (JME) (Entered: 04/11/2006)

RECAP
19 May 30, 2006

NOTICE by Equal Employment Opportunity Commission of Withdrawal and Substitution of Counsel (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 05/30/2006)

RECAP
20 June 7, 2006

STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) (Entered: 06/07/2006)

RECAP
21 June 7, 2006

ORDER denying 20 Stipulation seeking modification of the Pretrial Scheduling Order filed by Equal Employment Opportunity Commission, Ventura Foods, LLC. Signed by Magistrate Judge Janie S Mayeron on 6/7/06. (JME) (Entered: 06/07/2006)

RECAP
22 June 13, 2006

STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1)(Taber, Amy) (Entered: 06/13/2006)

RECAP
23 June 15, 2006

AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 7/15/2006. Motions (non-disp) due 8/1/2006. Motions (disp) due by 9/1/2006. Signed by Magistrate Judge Janie S Mayeron on 6/15/06. (JME) (Entered: 06/15/2006)

RECAP
24 June 19, 2006

SECOND AMENDED SCHEDULING ORDER: Discovery due by 8/1/2006. Motions (non-disp) due 8/15/2006. Motions (disp) due by 9/1/2006. Ready for trial due by 11/1/2006. Signed by Magistrate Judge Janie S Mayeron on 6/19/06. (GJS) (Entered: 06/19/2006)

RECAP
25 June 27, 2006

MOTION for Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 06/27/2006)

RECAP
26 June 27, 2006

NOTICE OF HEARING ON MOTION 25 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Taber, Amy) (Entered: 06/27/2006)

RECAP
27 June 27, 2006

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 26 Notice of Hearing on Motion, 25 MOTION for Summary Judgment (Taber, Amy) (Entered: 06/27/2006)

RECAP
28 July 14, 2006

MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Taber, Amy) Modified on 7/17/2006 (gjs). (Entered: 07/14/2006)

RECAP
29 July 14, 2006

AFFIDAVIT of Daniel J. McCarrel in SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1 - Severance Pay Policy# 3 Exhibit(s) 2 - Severance Agreement and General Release# 4 Exhibit(s) 3 - Charge of Discrimination dated 10/30/03# 5 Exhibit(s) 4 - EEOC Determination dated 9/30/04)(Taber, Amy) (Entered: 07/14/2006)

RECAP
30 July 14, 2006

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 07/14/2006)

RECAP
31 July 14, 2006

NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Vasichek, Laurie) (Entered: 07/14/2006)

RECAP
32 July 14, 2006

MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Enforcement Guidance# 2 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) (Entered: 07/14/2006)

RECAP
33 July 14, 2006

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 28 Memorandum in Support of Motion for Summary Judgment (Taber, Amy) (Entered: 07/14/2006)

RECAP
34 July 14, 2006

Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5# 6 Exhibit(s) 6)(Vasichek, Laurie) (Entered: 07/14/2006)

RECAP
35 July 14, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 30 MOTION for Summary Judgment, 34 Declaration in Support,, 32 Memorandum in Support of Motion, 31 Notice of Hearing on Motion (Vasichek, Laurie) (Entered: 07/14/2006)

RECAP
36 Aug. 8, 2006

MEMORANDUM in Opposition re 25 Defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Word Count Compliance Certificate)(Vasichek, Laurie) Modified link and description of attachments on 8/8/2006 (gjs). Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)

RECAP
37 Aug. 8, 2006

CERTIFICATE OF SERVICE RE: 36 Memorandum in Opposition 38 Declaration by Laurie A Vasichek on behalf of Equal Employment Opportunity Commission. (Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)

RECAP
38 Aug. 8, 2006

DECLARATION OF LAURIE A. VASICHEK by Equal Employment Opportunity Commission re: 36 Memorandum In Opposition . (Attachments: # 1Exh. #1 # 2Exh. #2 # 3Exh. #3 # 4 Exh. #4 # 5 Exh. #5 # 6 Exh. #6# 7Exh. #7)(Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)

RECAP
39 Aug. 8, 2006

RESPONSE in Opposition re 30 MOTION for Summary Judgment by EEOC filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

RECAP
40 Aug. 8, 2006

AFFIDAVIT OF THOMAS A. GODAR in Support re 39 Response in Opposition to Motion for Summary Judgment. (Taber, Amy) Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)

RECAP
41 Aug. 8, 2006

EXHIBIT re 40 Affidavit in Support of Response in Opposition to Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

RECAP
42 Aug. 8, 2006

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 39 Response in Opposition to Motion filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)

RECAP
43 Aug. 8, 2006

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 41 Exhibit, 42 LR7.1 Word Count Compliance Certificate, 39 Response in Opposition to Motion, 40 Affidavit in Support of Response in Opposition to Summary Judgment (Taber, Amy) (Entered: 08/08/2006)

RECAP
44 Aug. 16, 2006

REPLY MEMORANDUM IN SUPPORT OF 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix EEOC v. Lockheed Martin Corp.# 2 Appendix Federal Register# 3 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) Modified text on 8/17/2006 (KT). (Entered: 08/16/2006)

RECAP
45 Aug. 16, 2006

Supplemental Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) No. 7)(Vasichek, Laurie) (Entered: 08/16/2006)

RECAP
46 Aug. 16, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 45 Declaration in Support, 44 Reply re Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered: 08/16/2006)

RECAP
47 Aug. 16, 2006

REPLY BRIEF IN SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Taber, Amy) Modified text and link on 8/17/2006 (KT). (Entered: 08/16/2006)

RECAP
48 Aug. 16, 2006

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 47 Reply filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/16/2006)

RECAP
49 Aug. 16, 2006

CERTIFICATE OF SERVICE by Ventura Foods, LLC re 48 LR7.1 Word Count Compliance Certificate, 47 Reply (Taber, Amy) (Entered: 08/16/2006)

RECAP
50 Aug. 23, 2006

NOTICE OF HEARING TIME ON MOTIONS FOR SUMMARY JUDGMENT - 8:00 MONDAY, AUGUST 28, 2006 IN COURTROOM #1 BEFORE JUDGE KYLE. (ds) (Entered: 08/23/2006)

RECAP
51 Aug. 30, 2006

ORDER DISMISSING CASE. Signed by Judge Richard H Kyle on 8/30/06. (ds) (Entered: 08/30/2006)

RECAP
52 Sept. 1, 2006

CONSENT DECREE. (Written Opinion). Signed by Judge Richard H. Kyle on 09/01/06. (rhks) Modified on 9/1/2006 (JME).

RECAP

Case Details

State / Territory:

Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2005

Closing Date: Sept. 1, 2008

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

Ventura Foods, LLC

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Equal Pay Act, 29 U.S.C. § 206(d)

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

Other Dockets:

District of Minnesota 0:05-cv-00663

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:

Monitoring

Reporting

Retaliation Prohibition

Order Duration: 2006 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation