Case: EEOC v. KCD CONSTRUCTION INC

0:05-cv-02122 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 14, 2005

Closed Date: July 25, 2009

Clearinghouse coding complete

Case Summary

In September 2005, the EEOC Chicago District Office filed suit in United States District Court, District of Minnesota, against KCD Construction, Inc., alleging that the owner of the company and his sons subjected employees of Mexican descent to harassment based on their national origin, in violation of Title VII of the Civil Rights Act.One of KCD's defenses was an affirmative defense stating that the EEOC had not met the class action requirements of Federal Rule of Civil Procedure 23; KCD argue…
In September 2005, the EEOC Chicago District Office filed suit in United States District Court, District of Minnesota, against KCD Construction, Inc., alleging that the owner of the company and his sons subjected employees of Mexican descent to harassment based on their national origin, in violation of Title VII of the Civil Rights Act.One of KCD's defenses was an affirmative defense stating that the EEOC had not met the class action requirements of Federal Rule of Civil Procedure 23; KCD argued that the EEOC was required to meet the Rule 23 requirements because the suit was for monetary relief, in addition to equitable relief. The EEOC filed a motion for summary judgment on this issue. The court granted the motion, holding that Rule 23 does not apply to the EEOC even when money damages are sought. Equal Employment Opportunity Commission v. KCD Construction, Inc., No. 05-2122, 2006 WL 549393 (D.Minn. Mar. 6, 2006). The defendant also moved for summary judgment on the entire claim; this motion was denied. Equal Employment Opportunity Commission v. KCD Construction, Inc., No. 05-2122, 2007 WL 1129220 (D.Minn. Apr. 16, 2007).This case also saw a dispute over the prospect of KCD conducting discovery into the immigration status of the complainants; the court granted the EEOC's motion for a protective order and ruled that such information would not be subject to discovery.In July of 2007, the case was resolved via a consent decree. KCD was ordered to pay a total of $41,500 in monetary relief. The decree also provided for injunctive relief: KCD was ordered to provide anti-discrimination training for all of its employees and the individual owners of the company, and KCD was required to establish anti-discrimination policies and procedures for handling employee complaints. The decree was to last for two years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Jason Chester (5/22/2008)

Clearinghouse (6/13/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4691424/parties/equal-employment-opportunity-commission-v-kcd-construction-inc/


Judge(s)

Doty, David Singleton (Minnesota)

Attorney for Plaintiff

Burnside, Tina (North Carolina)

Kamp, Jean P. (Wisconsin)

Attorney for Defendant

Friederichs, Tammy P. (Minnesota)

Expert/Monitor/Master/Other

Hendrickson, John (Wisconsin)

Documents in the Clearinghouse

Documents in this case

0:05-cv-02122

Docket (PACER)

EEOC v. KCD Construction Inc

July 25, 2007

July 25, 2007

Docket
1-1

0:05-cv-02122

Complaint

EEOC v. KCD Construction Inc

Sept. 14, 2005

Sept. 14, 2005

Complaint
45

0:05-cv-02122

Order [Pl's Motion for Protective Order, Pl's Motion to Compel, and Def's Motion to Compel)

EEOC v. KCD Construction Inc

Feb. 24, 2006

Feb. 24, 2006

Order/Opinion
46

0:05-cv-02122

Order [Granting Plaintiff's S/J Motion]

EEOC v. KCD Construction, Inc.

March 6, 2006

March 6, 2006

Order/Opinion

2006 WL 549393

EEOC Press Release

EEOC v. KCD Construction Inc

No Court

March 10, 2006

March 10, 2006

Press Release
92

0:05-cv-02122

Order [Denying Defendant's S/J Motion]

EEOC v. KCD Construction, Inc.

April 16, 2007

April 16, 2007

Order/Opinion

2007 WL 1129220

97

0:05-cv-02122

Consent Decree

EEOC v. KCD Construction Inc

July 25, 2007

July 25, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4691424/equal-employment-opportunity-commission-v-kcd-construction-inc/

Last updated April 5, 2025, 11:14 a.m.

ECF Number Date Description Link
1 Sept. 14, 2005

COMPLAINT with Jury Demand against KCD Construction, Inc. assigned to Judge David S. Doty per Civil Rights referred to Magistrate Judge Susan R. Nelson 4:05AD234, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JMH) (Entered: 09/14/2005)

PACER
Sept. 14, 2005

Summons Issued as to KCD Construction, Inc. (JMH) (Entered: 09/14/2005)

PACER
2 Sept. 30, 2005

SUMMONS Returned Executed by Equal Employment Opportunity Commission. KCD Construction, Inc. served on 9/22/2005, answer due 10/12/2005. (JLB) (Entered: 09/30/2005)

PACER
3 Oct. 10, 2005

ANSWER to Complaint by KCD Construction, Inc..(Thompson, Stephen) (Entered: 10/10/2005)

PACER
4 Oct. 10, 2005

AFFIDAVIT of Service by KCD Construction, Inc. re 3 Answer to Complaint (Thompson, Stephen) (Entered: 10/10/2005)

PACER
5 Oct. 17, 2005

NOTICE OF PRETRIAL CONFERENCE Pretrial Conference set for 11/22/2005 03:30 PM In Chambers Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 10/17/05. (JMH) (Entered: 10/17/2005)

PACER
6 Nov. 10, 2005

REPORT Joint Rule 26(f) Report by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/10/2005)

PACER
7 Nov. 15, 2005

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 11/15/2005)

PACER
8 Nov. 15, 2005

NOTICE of Hearing on Motion 7 MOTION for Partial Summary Judgment: Motion Hearing set for 1/20/2006 10:30 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Burnside, Tina) (Entered: 11/15/2005)

PACER
9 Nov. 15, 2005

MEMORANDUM in Support re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 unpublished case Hoglund v. Daimler Chrysler Corp.# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 11/15/2005)

PACER
11 Nov. 15, 2005

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 7 MOTION for Partial Summary Judgment, 8 Notice of Hearing on Motion, 9 Memorandum in Support of Motion, 10 Declaration in Support (Burnside, Tina) (Entered: 11/15/2005)

PACER
12 Nov. 22, 2005

RULE 7.1 DISCLOSURE STATEMENT by KCD Construction, Inc. that there is no such parent or publicly held corporation to report. (Friederichs, Tammy) (Entered: 11/22/2005)

PACER
13 Nov. 22, 2005

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 12 Rule 7.1 - Disclosure Statement (Friederichs, Tammy) (Entered: 11/22/2005)

PACER
14 Nov. 22, 2005

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 11/22/2005. (JLB) (Entered: 11/28/2005)

PACER
15 Nov. 28, 2005

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/19/2005. 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 1/2/2007. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

PACER
16 Nov. 28, 2005

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 3/16/2006 09:30 AM In Chambers Suite 9E Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

PACER
17 Dec. 30, 2005

MEMORANDUM in Opposition re 7 MOTION for Partial Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Certificate LR 7.1 Compliance Certificate)(Friederichs, Tammy) Modified text on 1/3/2006 (jlb). (Entered: 12/30/2005)

PACER
18 Dec. 30, 2005

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 17 Memorandum in Opposition to Motion (Friederichs, Tammy) (Entered: 12/30/2005)

PACER
19 Jan. 4, 2006

REPLY re 17 Memorandum in Opposition to Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Burnside, Tina) (Entered: 01/04/2006)

PACER
20 Jan. 20, 2006

(TEXT ENTRY ONLY) Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 1/20/2006 re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission - argued, submitted and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (CLB) (Entered: 01/20/2006)

PACER
21 Feb. 8, 2006

MOTION for Protective Order by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

PACER
22 Feb. 8, 2006

NOTICE OF HEARING ON MOTION 21 MOTION for Protective Order: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

PACER
24 Feb. 8, 2006

Declaration of Tina Burnside in Support of 21 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # 2 Exhibit 1# 3 Exhibit 2, part 1# 4 Exhibit 2, part 2# 5 Exhibit 3# 6 Exhibit 4-8# 7 Exhibit 9-10)(Burnside, Tina) (Entered: 02/08/2006)

PACER
25 Feb. 8, 2006

MOTION to Compel Discovery by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

PACER
26 Feb. 8, 2006

NOTICE OF HEARING ON MOTION 25 MOTION to Compel Discovery : Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

PACER
27 Feb. 8, 2006

MEMORANDUM in Support re 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(Burnside, Tina) (Entered: 02/08/2006)

PACER
28 Feb. 8, 2006

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 27 Memorandum in Support of Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

PACER
29 Feb. 8, 2006

Declaration of Tina Burnside in Support of 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-4# 2 Exhibit 5-10# 3 Exhibit 11-13)(Burnside, Tina) (Entered: 02/08/2006)

PACER
30 Feb. 8, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 21 MOTION for Protective Order, 22 Notice of Hearing on Motion, 23 Memorandum in Support of Motion, 24 Declaration in Support, (Burnside, Tina) (Entered: 02/08/2006)

PACER
31 Feb. 8, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 25 MOTION to Compel Discovery , 26 Notice of Hearing on Motion, 27 Memorandum in Support of Motion, 28 LR7.1 Word Count Compliance Certificate, 29 Declaration in Support (Burnside, Tina) (Entered: 02/08/2006)

PACER
32 Feb. 10, 2006

MOTION to Compel by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

PACER
33 Feb. 10, 2006

NOTICE OF HEARING ON MOTION 32 MOTION to Compel: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Friederichs, Tammy) (Entered: 02/10/2006)

PACER
34 Feb. 10, 2006

MEMORANDUM in Support re 32 MOTION to Compel filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Exhibits A-B# 3 Exhibit C# 4 Exhibit D# 5 Exhibits E-I# 6 Exhibit J# 7 Exhibits K-Z# 8 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/10/2006)

PACER
35 Feb. 10, 2006

AFFIDAVIT of Tammy P. Friederichs in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

PACER
36 Feb. 10, 2006

AFFIDAVIT of Stephen M. Thompson in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

PACER
38 Feb. 17, 2006

MEMORANDUM in Opposition re 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Capellupo v FMC Corp.# 2 Appendix Ellenberg v Tuffys# 3 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 02/17/2006)

PACER
39 Feb. 17, 2006

DECLARATION of Tina Burnside in Opposition to 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 part 1# 7 Exhibit 6 part 2# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11)(Burnside, Tina) (Entered: 02/17/2006)

PACER
40 Feb. 17, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 38 Memorandum in Opposition to Motion, 39 Declaration in Opposition, to Defendant's Motion to Compel (Burnside, Tina) (Entered: 02/17/2006)

PACER
41 Feb. 17, 2006

MEMORANDUM in Opposition re 21 MOTION for Protective Order filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

PACER
42 Feb. 17, 2006

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 41 Memorandum in Opposition to Motion for Protective Order (Friederichs, Tammy) (Entered: 02/17/2006)

PACER
43 Feb. 17, 2006

MEMORANDUM in Opposition re 25 MOTION to Compel Discovery filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

PACER
44 Feb. 17, 2006

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 43 Memorandum in Opposition to Motion to Compel Discovery (Friederichs, Tammy) (Entered: 02/17/2006)

PACER
45 Feb. 24, 2006

Minute Entry and ORDER for proceedings held before Magistrate Judge Susan R Nelson : granting in part and denying in part 32 Motion to Compel, granting 21 Motion for Protective Order, granting in part and denying in part 25 Motion to Compel, Motion Hearing held on 2/24/2006. (Tape #519, 520) No other Order to be issued. Signed by Magsitrate Judge Susan R. Nelson on 2/24/06.(JLB) (Entered: 02/28/2006)

PACER
46 March 6, 2006

ORDER granting 7 Motion for Partial Summary Judgment (Written Opinion). Signed by Judge David S Doty on 3/6/06. (PJM)

RECAP
47 March 15, 2006

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Thompson, Stephen) (Entered: 03/15/2006)

PACER
48 March 15, 2006

PROTECTIVE ORDER that the parties shall abide by all terms andduties outlined in the Stipulation for Protective Order [Doc. No. 47]. Signed by Magistrate Judge Susan R Nelson on 3/15/06. (JMH) (Entered: 03/15/2006)

PACER
50 April 19, 2006

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Burnside, Tina) (Entered: 04/19/2006)

PACER
51 April 19, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 50 Stipulation for Protective Order (Burnside, Tina) (Entered: 04/19/2006)

PACER
52 April 20, 2006

PROTECTIVE ORDER re 50 Stipulation. Signed by Magistrate Judge Susan R Nelson on 4/20/06. (JLB) (Entered: 04/20/2006)

PACER
53 May 1, 2006

MOTION for Sanctions by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 05/01/2006)

PACER
54 May 1, 2006

NOTICE OF HEARING ON MOTION 53 MOTION for Sanctions: Motion Hearing set for 5/15/2006 01:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 05/01/2006)

PACER
55 May 1, 2006

MEMORANDUM in Support re 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Quela v. Payco-General American Credits# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 05/01/2006)

PACER
56 May 1, 2006

Declaration of Tina Burnside in Support of 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 5)(Burnside, Tina) (Entered: 05/01/2006)

PACER
57 May 1, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 54 Notice of Hearing on Motion for Sanctions (Burnside, Tina) (Entered: 05/01/2006)

PACER
58 May 8, 2006

MEMORANDUM in Opposition re 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 05/08/2006)

PACER
59 May 8, 2006

AFFIDAVIT of Nicolas Guadalupe Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
60 May 8, 2006

AFFIDAVIT of Yolanda Lizette Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
61 May 8, 2006

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
62 May 8, 2006

AFFIDAVIT of Kenneth Doeden in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
63 May 8, 2006

AFFIDAVIT of Amy Flom in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
65 May 8, 2006

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 60 Affidavit in Opposition to Motion, 61 Affidavit in Opposition to Motion, 64 Affidavit in Opposition to Motion, 62 Affidavit in Opposition to Motion, 58 Memorandum in Opposition to Motion, 63 Affidavit in Opposition to Motion, 59 Affidavit in Opposition to Motion (Friederichs, Tammy) (Entered: 05/08/2006)

PACER
66 May 16, 2006

AMENDED NOTICE of Hearing on Motion 53 MOTION for Sanctions: Motion Hearing set for 7/10/2006 02:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 05/16/2006)

PACER
67 June 21, 2006

Letter re: withdrawal of motion re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 57 Certificate of Service, 66 Amended Notice of Hearing on Motion, 54 Notice of Hearing on Motion from Tina Burnside. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 06/21/2006)

PACER
68 June 26, 2006

ORDER 1. Defendant's request to compel the audio information redacted by Plaintiff is DENIED. Signed by Magistrate Judge Susan R Nelson on 6/26/06. (JMH) (Entered: 06/26/2006)

PACER
69 Sept. 1, 2006

MOTION for Summary Judgment by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
70 Sept. 1, 2006

NOTICE OF HEARING ON MOTION 69 MOTION for Summary Judgment: Motion Hearing set for 10/20/2006 09:45 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
71 Sept. 1, 2006

MEMORANDUM in Support re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
72 Sept. 1, 2006

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by KCD Construction, Inc. re 71 Memorandum in Support of Motion filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
73 Sept. 1, 2006

AFFIDAVIT of James A. Hoekman in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
74 Sept. 1, 2006

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
75 Sept. 1, 2006

AFFIDAVIT of Nicolas Guadalupe Iracheta in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
76 Sept. 1, 2006

AFFIDAVIT of Otoniel Rivera in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
78 Sept. 1, 2006

AFFIDAVIT of Stephen M Thompson in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
79 Sept. 1, 2006

AFFIDAVIT of Tammy P Friederichs in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Bravo Depo Excerpts# 3 C Doeden Depo Excerpts# 4 D Doeden Depo Excerpts# 5 K Doeden Depo Excerpts# 6 Hernandez Depo Excerpts# 7 Hoekman Depo Excerpts# 8 Y Iracheta Depo Excerpts# 9 Schreier Depo Excerpts# 10 Morales Depo Excerpts# 11 Santos Depo Excerpts# 12 Soto Depo Excerpts# 13 Ex 1-4# 14 Ex 5-11# 15 Ex 12)(Friederichs, Tammy) (Entered: 09/01/2006)

PACER
80 Sept. 1, 2006

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 71 Memorandum in Support of Motion, 72 LR7.1 Word Count Compliance Certificate, 74 Affidavit in Support of Motion, 76 Affidavit in Support of Motion, 79 Affidavit in Support of Motion,,, 75 Affidavit in Support of Motion, 73 Affidavit in Support of Motion, 70 Notice of Hearing on Motion, 78 Affidavit in Support of Motion, 69 MOTION for Summary Judgment, 77 Affidavit in Support of Motion (Friederichs, Tammy) (Entered: 09/01/2006)

PACER
81 Sept. 28, 2006

MEMORANDUM in Opposition re 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 09/28/2006)

PACER
82 Sept. 28, 2006

DECLARATION of Tina Burnside in Opposition to 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 4# 2 Exhibit(s) 5# 3 Exhibit(s) Aldoy deposition excerpts# 4 Exhibit(s) Bravo deposition excerpts# 5 Exhibit(s) Chad Doeden deposition excerpts# 6 Exhibit(s) Dennis Doeden deposition excerpts# 7 Exhibit(s) Hernandez deposition excerpts# 8 Exhibit(s) Hoekman deposition excerpts# 9 Exhibit(s) Kenneth Doeden deposition excerpts# 10 Exhibit(s) Nicholas Iracheta deposition excerpts# 11 Exhibit(s) Romero deposition excerpts# 12 Exhibit(s) Rubio deposition excerpts# 13 Exhibit(s) Santos deposition excerpts# 14 Exhibit(s) Soto deposition excerpts part 1# 15 Exhibit(s) Soto deposition excerpts part 2# 16 Exhibit(s) Yolanda Iracheta deposition excerpts)(Burnside, Tina) (Entered: 09/28/2006)

PACER
83 Sept. 28, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 82 Declaration in Opposition, 81 Memorandum in Opposition to Motion (Burnside, Tina) Modified text on 9/29/2006 (jc). (Entered: 09/28/2006)

PACER
84 Sept. 29, 2006

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 81 Memorandum in Opposition to Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 09/29/2006)

PACER
85 Oct. 6, 2006

REPLY re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 10/06/2006)

PACER
87 Oct. 6, 2006

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 86 Affidavit in Support of Motion, 85 Reply (Friederichs, Tammy) (Entered: 10/06/2006)

PACER
88 Oct. 20, 2006

*TEXT ONLY ENTRY* Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 10/20/2006 re 69 MOTION for Summary Judgment filed by KCD Construction, Inc. - argued and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (PJM) (Entered: 10/20/2006)

PACER
89 Nov. 2, 2006

NOTICE of Change of Address by Tina Burnside (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/02/2006)

PACER
90 Nov. 2, 2006

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 11/28/2006 10:30 AM, In Chambers, Suite 9E, before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 11/02/2006. (jc) (Entered: 11/02/2006)

PACER
91 Nov. 28, 2006

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 11/28/2006. Case did not settle. (jc) (Entered: 11/29/2006)

PACER
92 April 16, 2007

ORDER denying 69 Motion for Summary Judgment (Written Opinion). Signed by Judge David S. Doty on 4/16/2007. (PJM)

RECAP
93 April 16, 2007

JURY TRIAL NOTICE Jury Trial set for 7/23/2007 09:00 AM in Minneapolis - Courtroom 14W before Senior Judge David S. Doty. (PJM) (Entered: 04/16/2007)

PACER
94 April 17, 2007

NOTICE OF FINAL SETTLEMENT CONFERENCE Settlement Conference set for 6/21/2007 09:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/17/07. (JMH) (Entered: 04/17/2007)

PACER
95 June 21, 2007

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 6/21/2007. Final Settlement Conference held. Settlement Conference is continued. The parties are directed to report to the Court no later than June 27, 2007 on the status of settlement of this matter. (jc) (Entered: 06/22/2007)

PACER
96 July 20, 2007

ORDER DISMISSING CASE. Signed by Judge David S. Doty on 7/20/2007. (CLB) (Entered: 07/20/2007)

PACER
97 July 25, 2007

CONSENT DECREE. Signed by Judge David S. Doty on 7/25/2007. (PJM) (Entered: 07/25/2007)

PACER
98 July 25, 2007

STIPULATION of Dismissal With Prejudice by Equal Employment Opportunity Commission, KCD Construction, Inc., Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 07/25/2007)

PACER
99 July 25, 2007

ORDER For Dismissal With Prejudice re 98 Stipulation of Dismissal filed by Equal Employment Opportunity Commission, KCD Construction, Inc. Signed by

PACER

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: Sept. 14, 2005

Closing Date: July 25, 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

KCD Construction, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of Minnesota 0:05-cv-02122

Available Documents:

Any published opinion

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

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 41500

Order Duration: 2007 - 2009

Issues

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