WILLIAM R. TAMAYO- #084965 (CA)
JONATHAN T. PECK -- #12303 (VA) 2 CINDY O’HARA -- #114555 (CA)
EQUAL EMPLOYMENT OPPORTUNITY 3 COMMISSION
San Francisco District Office
4 350 The Embarcadero, Suite 500
San Francisco, California 94105 5 Telephone: (415) 625-5653
Facsimile: (415) 625-5657 6
Attorneys for Plaintiff Equal Employment Opportunity Commission
"7

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

10

04

11 EQUAL EMPLOYMENT OPPORTUNITY ) - Civil Action No.

COMMISSION,

)

12

)

Plaintiff,

) COMPLAINT

13

)

V.

Civil Rights - Employment Discrimination

14

SUN PACIFIC SHIPPERS, INC., SUN

15 PACIFIC MARKETING COOPERATIVE, INC., SUN PACIFIC FARMING

DEMAND FOR JURY TRIAL

16 COOPERATIVE, INC., SUN PACIFIC

SHIPPERS, L.P., and SUN PACIFIC

17 ENTERPRISES, L.P.

18

Defendants.

19

20

NATURE OF THE ACTION

21

This action is brought pursuant to Title VII or the Civil Rights Act of 1964 and Title I of

22 the Civil Rights Act of 1991to correct unlawful employment practices on the basis of sex, and to

23 provide appropriate relief to Charging Party Dora Diaz who was adversely affected by such

24 practices. Defendants Sun Pacific Shippers, Inc., Sun Pacific Marketing Cooperative, Inc., Sun

25 Pacific Farming Cooperative, Inc., Sun Pacific Shippers, L.P., and Sun Pacific Enterprises, L.P.,

26 subjected the above Charging Party to unlawful harassment based on her sex.

27 //

28 //

COMPLAINT FOR DISCRIMINATION

Page

1

JURISDICTION AND VENUE

2

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343 and 1345. This action is authorized and instituted pursuant to §706(f)(1) and (3) of Title

4 VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII")

5 and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

6

2. The unlawful employment practices alleged herein were committed in the State of

7 California, thus venue is proper "in any judicial district in the State in which the unlawful

8 employment practice is alleged to have been committed." (§706(0(3) of Title VII, 42 U.S.C.

9 §2000e-5(f)(3)). Venue is therefore proper in the United States District Court for the Northern

10 District of California.

11

INTRADISTRICT ASSIGNMENT

12

3. This action is appropriate for assignment to San Francisco/Oakland as the

I3 administrative charges underlying this case were investigated in the San Francisco District Office

14 of Plaintiff Equal Employment Opportunity Commission, and the records related to that

15 investigation are in San Francisco.

16

PARTIES

17

4. Plaintiff, the Equal Employment Opportunity Commission (’*Commission") is the

18 agency of the United States of America charged with the administration, interpretation and

19 enforcement of Title VII, and is expressly authorized to bring this action by §706(0(1) and (3) of

20 Title VII, §2000-e(f)(1) and (3).

21

5. Defendant Sun Pacific Shippers, Inc. is a California corporation, doing business in

22 the State of California, in Tulare, Kern and/or Los Angeles Counties and has continuously had at

23 least 15 employees.

24

6. Defendant Sun Pacific Marketing Cooperative, Inc. is a California corporation,

25 doing business in the State of California, in Tulare, Kern and/or Los Angeles Counties and has

26 continuously had at least 15 employees.

27

7. Defendant Sun Pacific Fanning Cooperative, Inc. is a California corporation,

28 doing business in the State of California, in Tulare, Kern and/or Los Angeles Counties and has

COMPLAINT FOR DISCRIMINATION

Page 2

1 continuously had at least 15 employees.

2

8. Defendant Sun P~ific Shippers, L.P~: is a C~iforoha limited partnership, doing

3 business in the State of California, in Tulare, Kern and/or Los Angeles Counties and has 4 continuously had at least 15 employees.

5

9.

limited p~e~hip, doing

6 business in the State of California, in Tulare, Kern and/or Los Angeles Counties and has 7 continuously had at least 15 employees.

8

10. At all relevant times, Defendants Sun Pacific Shippers, Inc., Sun Pacific

9 Marketing Coo~rative, Inc, Sun Pacific Famaing Cooperative; Inc., Sun Pacific Shippers, LIP., 10 and Sun Pacific Enterprises, L,P. ~ereinm%r"Defendants"), Rave cominuously been employers

11 engaged in ~ indttstl2,’ affecting com.me~e, within the mearhng of Section 70I (b), (g) and (h) of

12 Title VII, 42 U.S.C. §2000-e(b), (g) and (h).

13

STATEMENT OF CLAIM

14

Violation of Title VII of Civil Rights Act : Sex Discrimination,

Harassment Based on Sex

15

16

11. More than thirty days prior to the institution of this lawsuit, Charging Party Dora

17 1 Diaz ("Charging Party") filed a charge with Plaintiff Commission alleging violations of Title VII

18 [1 by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.

19 12. Since at least July 1, 2001, Defendants have engaged in unlawful practices of sex

20 discrimination in violation §703 (a) ( 1 )of Title VII, 42 U.S.C. §2000e-2(a)( 1 ) by subj ecting the 21 Charging Party to a hostile, abusive, intimidating and offensive work environment because of her

22 sex,

23

13. The effect of the actions complained of in Paragraph 12 above has been to deprive

24 the Charging Party of equal employment opportunities and otherwise adversely affect her status

25 as an employee because of sex.

26

~4. The unlawful employment practices complained of in Paragraph 12 above were

27 intentional

28

15. The unlawful employment practices complained of in Paragraph 12 above were

COMPLAINT FOR DISCRIMINATION

Page 3

done with malice or with reckless indifference to the federally protected rights of Charging Party

2

PRAYER FOR RELIEF

3

Wherefore, the Commission respectfully requests that this Court:

4

A. Grant a permanent injunction enjoining Defendants, their officers, successors,

5 assigns, and all persons acting in concert or participation with them, from engaging in 6 discrimination against their employees including harassment based on sex.

7

B. Order Defendants to institute and carry out policies, practices, and programs

8 which prohibit harassment based on sex, and which eradicate the effects of their unlawful

9 employment practices.

10

C. Order Defendants to make whole Charging Party by providing appropriate back

I1 pay and benefits with prejudgment interest, and other affirmative relief necessary to eradicate the

12 effects of their unlawful employment practices, including but not limited to reinstatement and/or

13 front pay and other appropriate relief to be determined at trial.

14

D. Order Defendants to make whole Charging Party by providing compensation for

I5 past and future pecuniary losses resulting from the unlawful employment practices complained of

16 above, including but not limited to such out-of-pocket expenses as medical care necessitated by

I7 Defendants’ unlawful conduct, in amounts to be determined at trial

18

E Order Defendants to make whole Charging Party by providing compensation for

19 past and future nonpecuniary losses resulting from the unlawful practices complained of above

20

2t life and humiliation, in amounts to be determined at trial F. Order Defendants to pay Charging Party by providing punitive damages for the

23 malicious and reckless conduct described above, in amounts to be determined at trial.

24

G. Grant such further relief as the Court may deem just and proper in the public

25 interest.

26 //

27 //

28 //

COMPLAINT FOR DISCRIMINATION

Page 4

FOR JUR~ TR|Ai, ~7

 </s> Case 3:04-cv-02950-JCS Document 30 Filed 06/09/2005 Page 1 of 5

1 WILLIAM R. TAMAYO – #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 CINDY O'HARA -- #114555 (CA) EQUAL EMPLOYMENT OPPORTUNITY
3 COMMISSION
San Francisco District Office
4 350 The Embarcadero, Suite 500 San Francisco, California 94105
5 Telephone: (415) 625-5653 Facsimile: (415) 625-5657
6
Attorneys for Plaintiff Equal Employment Opportunity Commission 7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

12

)

Plaintiff,

)

13

)

v.

)

14

)

SUN PACIFIC SHIPPERS, INC., SUN )

15 PACIFIC MARKETING COOPERATIVE, )

INC., SUN PACIFIC FARMING

)

16 COOPERATIVE, INC., SUN PACIFIC )

SHIPPERS, L.P., and SUN PACIFIC

)

17 ENTERPRISES, L.P.

)

)

18

Defendants.

)

_______________________________________ )

19

Civil Action No. C-04-2950 JCS
CONSENT DECREE BETWEEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND AND SUN PACIFIC SHIPPERS, INC., ET AL.

20

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this

21 action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of

22 1991 to correct alleged unlawful employment practices on the basis of discrimination

23 based on sex, and to provide appropriate relief to Dora Diaz whom the Commission

24 alleged was adversely affected by such practices. The Commission alleged that

25 Defendants Sun Pacific Shippers, Inc., Sun Pacific Marketing Cooperative, Inc., Sun

26 Pacific Farming Cooperative, Inc., Sun Pacific Shippers, L.P., and Sun Pacific

27 Enterprises, L.P. (“Sun Pacific”) subjected Ms. Diaz to unlawful harassment based on

28 her sex, in violation of Title VII. Defendant has denied all of the above allegations and

CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC.

Page 1

Case 3:04-cv-02950-JCS Document 30 Filed 06/09/2005 Page 2 of 5

1 claims. The Commission and Defendant Sun Pacific now seek to resolve this action as

2 to each other and as between Sun Pacific and Dora Diaz (“Charging Party”) without

3 further contested litigation through the instant Consent Decree. This resolution does

4 not constitute an admission of liability on the part of Sun Pacific, nor constitute a

5 finding on the allegations stated in the Commission’s Complaint.

6

The Court has reviewed this Consent Decree in light of the pleadings, the record

7 herein, and the applicable law, and now approves this Consent Decree.

8

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

9 GENERAL PROVISIONS

10

1. This Court has jurisdiction over the subject matter and the parties to this

11 action. This Court retains jurisdiction over this Consent Decree during its term.

12

2. This Consent Decree constitutes a full and final resolution of the

13 Commission’s claims against Sun Pacific in this action.

14

3. This Consent Decree will become effective upon its entry by the Court.

15

4. This Consent Decree is final and binding upon the parties to it, their

16 successors and assigns.

17

5. The Commission and Sun Pacific will each bear its own costs and

18 attorneys fees in this action.

19 GENERAL INJUNCTIVE RELIEF

20

6. Sun Pacific and its current officers, agents, employees, and all persons in

21 active concert or participation with them will comply with all requirements of Title VII

22 with respect to providing a work environment free from discrimination, including

23 harassment on the basis of sex.

24

7. Sun Pacific and its current officers, agents, employees, and all persons in

25 active concert or participation with them agree not to retaliate against the Charging

26 Party, or any other employee or former employee, for having testified or participated in

27 any manner in the Commission’s investigation and the proceedings in this case.

28 //

CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC.

Page 2

Case 3:04-cv-02950-JCS Document 30 Filed 06/09/2005 Page 3 of 5

1 SPECIAL INJUNCTIVE RELIEF

2

Non-Discrimination Policies

3

8. Within ninety (90) days of the entry of this Consent Decree, Sun Pacific

4 will revise its employee handbook’s sexual harassment provisions to describe and give

5 examples of sexual harassment and explain why they are illegal. Sun Pacific will revise

6 its discrimination complaint procedures to assure that they are fair and effective, with

7 alternative routes for individuals to complain. Said revisions will be provided to

8 counsel for the Commission.

9

9. The revised sexual harassment provisions referenced in paragraph 8

10 above will be translated and printed in both English and Spanish, and a copy will be

11 distributed to each employee of Sun Pacific.

12

10. Whenever it hires new employees, Sun Pacific will distribute the non-

13 discrimination policies referenced in paragraph 8 above to each new employee.

14

Training

15

11. Sun Pacific will use an outside consultant, paid for by Sun Pacific, to train

16 all employees concerning sexual harassment on the following timetable:

17

a. Sun Pacific will provide one (1) training to all supervisory and

18

management employees before the end of calendar year 2005.

19

b. As part of its training of management, Sun Pacific will provide one

20

(1) individualized training to Plant Manager Roger Hill before the end of

21

calendar year 2005.

22

c. Sun Pacific will provide one (1) training to all non-

23

supervisory/non-management employees before the end of calendar year 2006.

24

Record Keeping and Reports

25

12. Prior to the training of Plant Manager Hill referenced in paragraph 11(b)

26 above, Sun Pacific will advise counsel for the Commission of the program that Mr. Hill

27 will attend.

28 //

CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC.

Page 3

Case 3:04-cv-02950-JCS Document 30 Filed 06/09/2005 Page 4 of 5

1

13. Within thirty (30) days after completing the training described in

2 paragraph 11, Sun Pacific will mail to counsel for the Commission a report containing

3 the date(s) of training, list(s) of all attendees, and copies of all materials distributed at

4 the training.

5

14. Once every six (6) months, to be measured beginning at the date of entry

6 of this Consent Decree and continuing for the duration of this Consent Decree, Sun

7 Pacific will notify the counsel for the Commission whether it has received any

8 complaints of discrimination and/or harassment based on gender, what steps were

9 taken in response to that information, and how the situation was resolved.

10 MONETARY RELIEF

11

15. Sun Pacific will pay the sum of $45,000, to Dora Diaz as damages and in

12 complete satisfaction of the Commission’s claims against Sun Pacific as set forth in its

13 Complaint. This sum will be paid by check directly to Ms. Diaz, and will be sent to her

14 via certified mail, at the address to be provided to Sun Pacific by the Commission. A

15 copy of said check and its transmittal letter will be sent to Commission counsel Cindy

16 O’Hara at the San Francisco District Office. Said check will be transmitted by Sun

17 Pacific no later than seven (7) business days after the entry of this Consent Decree,

18 provided that Sun Pacific has received an executed release from Ms. Diaz.

19 RESOLUTION AS TO OTHER DEFENDANTS

20

16. Upon payment of the sums specified in paragraph 15 above, the

21 Commission and Sun Pacific will enter into a stipulation that the remaining obligations

22 of this Consent Decree will be the sole and exclusive obligations of Defendant Sun

23 Pacific Shippers, L.P., and will stipulate to the dismissal of Defendants Sun Pacific

24 Shippers, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Farming

25 Cooperative, Inc., and Sun Pacific Enterprises, L.P.

26 EXPIRATION OF CONSENT DECREE

27

17. This Consent Decree constitutes a full and final resolution of all the

28 Commission’s claims against Sun Pacific in this action. This Consent Decree will expire

CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC.

Page 4

Case 3:04-cv-02950-JCS Document 30 Filed 06/09/2005 Page 5 of 5

1 at midnight December 31, 2006, provided that Sun Pacific has substantially complied

2 with the terms of this Consent Decree. Sun Pacific will be deemed to have complied

3 substantially if the Court has not made any findings or orders during the term of the

4 Decree that Sun Pacific has failed to comply with any of the terms of this Decree.

5

E-filing concurrence: I, Cindy O’Hara, attorney for Plaintiff Commission, attest

6 that I have obtained the concurrence of Ronald Barsamian, attorney for Defendants Sun

7 Pacific Shippers, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Farming

8 Cooperative, Inc., Sun Pacific Shippers, L.P., and Sun Pacific Enterprises, L.P., for the

9 lodging of this Consent Decree.

10

11 On Behalf of Plaintiff Commission:

On Behalf of Defendants:

12 Dated: June 8, 2005
13 EQUAL EMPLOYMENT OPPORTUNITY
14 COMMISSION

Dated: June 8, 2005 BARSAMIAN, SAQUI & MOODY

15 ________/S/______________ WILLIAM R. TAMAYO
16 Regional Attorney
17 ________/S/_______________ JONATHAN PECK
18 Supervisory Trial Attorney
19 ________/S/_______________ CINDY O’HARA
20 Senior Trial Attorney

_________/S/__________________
RONALD H. BARSAMIAN Attorneys for Defendants Defendant Sun Pacific Shippers, L.P., Sun Pacific Shippers, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Farming Cooperative, Inc., and Sun Pacific Enterprises, L.P.

21

22

ORDER

23

It is so ordered.

24 Dated:___Ju_n_e__9_, _2_0_0_5_________ 25 26

_/s_/_J_o_s_e_p_h_C_._S__p_er_o__________________
JOSEPH C. SPERO United States District Court Magistrate Judge

27

28

CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC.

Page 5

 </s> CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
ADRMOP, CLOSED, E-Filing, MEDTERM
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:04-cv-02950-JCS

Equal Employment Opportunity Commision v. Sun Pacific Shippers, Inc. et al Assigned to: Magistrate Judge Joseph C. Spero Cause: 28:451 Employment Discrimination

Date Filed: 07/21/2004 Date Terminated: 08/22/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commision

represented by William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia Senner O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

1 of 8

6/6/2007 11:40 AM

CAND-ECF - Docket Report
Sun Pacific Shippers, Inc. TERMINATED: 07/11/2005
Defendant Sun Pacific Marketing Cooperative, Inc. TERMINATED: 07/11/2005

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
represented by Ronald H. Barsamian Barsamian, Saqui & Moody 1141 W. Shaw Ave., Suite 104 Fresno, CA 93711-3704 559-248-2360 Email: rbarsamian@theemployerslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony P. Raimondo Barsamian, Saqui & Moody 1141 West Shaw Avenue Suite 104 Fresno, CA 93711-3704 559-248-2360 Fax: 559-248-2370 Email: araimondo@theemployerslawfirm.com ATTORNEY TO BE NOTICED
Michael C. Saqui Barsamian, Saqui & Moody 1141 West Shaw Avenue Suite 104 Fresno, CA 93711-3704 559-248-2360 Fax: 559-248-2370 ATTORNEY TO BE NOTICED
Patrick S. Moody Barsamian, Saqui & Moody 1141 West Shaw Avenue Suite 104 Fresno, CA 93711-3704 559-248-2360 Fax: 559-248-2370 Email: pmoody@theemployerslawfirm.com ATTORNEY TO BE NOTICED
represented by Ronald H. Barsamian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony P. Raimondo (See above for address) ATTORNEY TO BE NOTICED

2 of 8

6/6/2007 11:40 AM

CAND-ECF - Docket Report
Defendant Sun Pacific Farming Cooperative, Inc. TERMINATED: 07/11/2005
Defendant Sun Pacific Shippers, L.P.
Defendant Sun Pacific Enterprises, L.P. TERMINATED: 07/11/2005
3 of 8

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
Michael C. Saqui (See above for address) ATTORNEY TO BE NOTICED
Patrick S. Moody (See above for address) ATTORNEY TO BE NOTICED
represented by Ronald H. Barsamian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony P. Raimondo (See above for address) ATTORNEY TO BE NOTICED
Michael C. Saqui (See above for address) ATTORNEY TO BE NOTICED
Patrick S. Moody (See above for address) ATTORNEY TO BE NOTICED
represented by Ronald H. Barsamian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony P. Raimondo (See above for address) ATTORNEY TO BE NOTICED
Michael C. Saqui (See above for address) ATTORNEY TO BE NOTICED
Patrick S. Moody (See above for address) ATTORNEY TO BE NOTICED
represented by Ronald H. Barsamian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
6/6/2007 11:40 AM

CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...

Date Filed 07/21/2004
07/21/2004
07/21/2004 07/21/2004 07/21/2004 07/21/2004 07/21/2004 07/21/2004 08/03/2004 08/13/2004

Anthony P. Raimondo (See above for address) ATTORNEY TO BE NOTICED
Michael C. Saqui (See above for address) ATTORNEY TO BE NOTICED
Patrick S. Moody (See above for address) ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Sun Pacific Enterprises, L.P., Sun Pacific Farming Cooperative, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Shippers, Inc., Sun Pacific Shippers, L.P.. Filed by Equal Employment Opportunity Commision. (gsa, COURT STAFF) (Filed on 7/21/2004) Additional attachment(s) added on 7/29/2004 (gba, COURT STAFF). (Entered: 07/28/2004)
2 ADR SCHEDULING ORDER: Case Management Statement due by 11/12/2004. Case Management Conference set for 11/19/2004 01:30 PM. (Attachments: # 1 Standing Orders)(gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
Summons Issued as to Sun Pacific Shippers, L.P.. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
Summons Issued as to Sun Pacific Shippers, Inc.. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
Summons Issued as to Sun Pacific Enterprises, L.P.. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
Summons Issued as to Sun Pacific Farming Cooperative, Inc.. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
Summons Issued as to Sun Pacific Marketing Cooperative, Inc.. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
CASE DESIGNATED for Electronic Filing. (gsa, COURT STAFF) (Filed on 7/21/2004) (Entered: 07/28/2004)
3 CLERK'S NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by AUG. 17, 2004. (klh, COURT STAFF) (Filed on 8/3/2004) (Entered: 08/03/2004)
4 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commision.. (O'Hara, Cindy) (Filed on 8/13/2004) (Entered: 08/13/2004)

4 of 8

6/6/2007 11:40 AM

CAND-ECF - Docket Report
09/28/2004
09/28/2004 09/30/2004 10/15/2004 10/29/2004 11/02/2004 11/12/2004 11/19/2004 11/19/2004 11/23/2004
11/24/2004 12/06/2004 01/05/2005

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
5 ANSWER to Complaint by Sun Pacific Enterprises, L.P., Sun Pacific Farming Cooperative, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Shippers, Inc., Sun Pacific Shippers, L.P. (gba, COURT STAFF) (Filed on 9/28/2004) Additional attachment(s) added on 10/5/2004 (gba, COURT STAFF). (Entered: 09/28/2004)
6 CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer re: 5 (gba, COURT STAFF) (Filed on 9/28/2004) (Entered: 09/28/2004)
7 CLERK'S NOTICE TO DEFENDANTS RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by OCTOBER 14, 2004. (klh, COURT STAFF) (Filed on 9/30/2004) Additional attachment(s) added on 9/30/2004 (klh, COURT STAFF). (Entered: 09/30/2004)
8 CONSENT to Proceed Before a US Magistrate Judge by Sun Pacific Enterprises, L.P., Sun Pacific Farming Cooperative, Inc., Sun Pacific Marketing Cooperative, Inc., Sun Pacific Shippers, Inc., Sun Pacific Shippers, L.P... (Raimondo, Anthony) (Filed on 10/15/2004) (Entered: 10/15/2004)
9 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commision and Sun Pacific Shippers (O'Hara, Cindy) (Filed on 10/29/2004) (Entered: 10/29/2004)
10 STIPULATION AND ORDER SELECTING ADR PROCESS. Signed by Judge Joseph C. Spero on 11/2/2004. [Grants Stip No. 9](klh, COURT STAFF) (Filed on 11/2/2004) (Entered: 11/02/2004)
11 JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 11/12/2004) (Entered: 11/12/2004)
12 Minute Entry: Initial Case Management Conference held on 11/19/2004 before Joseph C. Spero. Case referred to Court's ADR program for Mediation, to occur within sixty (60)days. Court to prepare Order.(Court Reporter Not Recorded.) (klh, COURT STAFF) (Date Filed: 11/19/2004) (Entered: 11/19/2004)
CASE REFERRED to Mediation. (cmf, COURT STAFF) (Filed on 11/19/2004) (Entered: 11/22/2004)
13 CASE MANAGEMENT AND PRETIRAL ORDER (JURY): Case referred to the Court's ADR program for Mediation, to occur within 60 days. A Further Case Management Conference is set for 1/14/2005 at 1:30 PM. 8 Day Jury Trial set for 4/17/2006 at 8:30 AM. Motion Hearing set for 1/27/2006 at 9:30 AM. Pretrial Conference set for 4/7/2006 at 1:30 PM. Signed by Judge Joseph C. Spero on 11/23/2004. (klh, COURT STAFF) (Filed on 11/23/2004) (Entered: 11/23/2004)
14 ADR Clerks Notice dated 11/24/2004 appointing Kristen W. Maloney as Mediator. (cmf, COURT STAFF) (Filed on 11/24/2004) (Entered: 11/24/2004)
Mediator would like to schedule the Pre MED phone conference for 12/13/2004 at 9:00 a.m. (cmf, COURT STAFF) (Filed on 12/6/2004) (Entered: 12/06/2004)
Set/Reset Hearings: Mediation Hearing set for 1/12/2005 AT 10:00 AM at the EEOC office in Fresno, located at 1265 E. Shaw Avenue, Suite 103. Mediation statements have been received. (cmf, COURT STAFF) (Filed on 1/5/2005)

5 of 8

6/6/2007 11:40 AM

CAND-ECF - Docket Report
01/07/2005 01/11/2005
01/11/2005 02/07/2005 03/10/2005 03/15/2005 03/24/2005 03/25/2005 04/22/2005 04/26/2005
05/19/2005 05/20/2005 05/23/2005
6 of 8

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
(Entered: 01/05/2005)
15 Joint MOTION to Continue Date to Complete Mediation and Case Management Conference filed by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 1/7/2005) (Entered: 01/07/2005)
16 STIPULATION AND ORDER TO CONTINUE DATES FOR COMPLETION OF MEDIATION AND CASE MANAGEMENT CONFERENCE. Further case management conference continued to 3/25/05 at 1:30 p.m. Signed by Judge Joseph C. Spero on 1/11/05. [Grants docket no. 15](klh, COURT STAFF) (Filed on 1/11/2005) (Entered: 01/11/2005)
Set/Reset Hearings: Further Case Management Conference re-set for 3/25/2005 at 1:30 PM. (klh, COURT STAFF) (Filed on 1/11/2005) (Entered: 01/11/2005)
Set/Reset Hearings: Mediation Hearing reset for 3/9/2005 at 10:00 AM at the EEOC office in Fresno located at 1265 W. Shaw Avenue, Suite 103. (cmf, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/07/2005)
17 JOINT CASE MANAGEMENT STATEMENT Second filed by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 3/10/2005) (Entered: 03/10/2005)
18 CERTIFICATION OF MEDIATION Session be Kristen W. Maloney; Mediation session held 3/9/2005; Case settled in principle; ADR process is complete. (cmf, COURT STAFF) (Filed on 3/15/2005) (Entered: 03/15/2005)
19 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [proposed] ORDER by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 3/24/2005) (Entered: 03/24/2005)
20 STIPULATION AND ORDER TO CONTINUE Case Management Conference. Further case management conference reset for 4/29/2005 at 1:30 PM. Signed by Judge Joseph C. Spero on 3/25/2005. [Grants Docket No. 19](klh, COURT STAFF) (Filed on 3/25/2005) (Entered: 03/25/2005)
21 JOINT CASE MANAGEMENT STATEMENT (Third) filed by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 4/22/2005) (Entered: 04/22/2005)
22 ORDER GRANTING REQUEST TO CONTINUE THE FURTHER CASE MANAGEMENT CONFERENCE [Grants Docket No. 21] Further Case Management Conference prev. set for 4/29/05 at 1:30 PM, has been continued to 5/27/2005 at 1:30 PM. Signed by Judge Joseph C. Spero on 4/26/2005. (klh, COURT STAFF) (Filed on 4/26/2005) (Entered: 04/26/2005)
23 Letter from Ronald Barsamian, Esq.. (Raimondo, Anthony) (Filed on 5/19/2005) (Entered: 05/19/2005)
24 JOINT CASE MANAGEMENT STATEMENT 4th, and Proposed Order filed by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 5/20/2005) (Entered: 05/20/2005)
25 ORDER GRANTING [Docket No. 23] Letter filed by Sun Pacific Shippers, L.P., for Ronald Barsamian to appear telephonically at the further case management conference on 5/27/05. Signed by Judge Joseph C. Spero on 5/20/2005. (klh,
6/6/2007 11:40 AM

CAND-ECF - Docket Report
05/23/2005
05/23/2005 06/06/2005 06/07/2005 06/08/2005 06/09/2005 06/13/2005 06/13/2005 06/13/2005 07/05/2005 07/11/2005

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...
COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)
26 ORDER GRANTING [Docket No. 24] Fourth Joint Case Management Statement & Continuance of the Case Management Conference filed by Equal Employment Opportunity Commision. Further case management conference continued to 6/10/5 at 1:30 p.m. Signed by Judge Joseph C. Spero on 5/23/5. (klh, COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)
Set Deadlines/Hearings: Further Case Management Conference continued to 6/10/2005 at 1:30 PM. (klh, COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)
27 Letter from Ron Barsamian Requesting Telephonic Appearance & Proposed Order. (Barsamian, Ronald) (Filed on 6/6/2005) (Entered: 06/06/2005)
28 ORDER GRANTING [Docket No. 27] Letter filed by Sun Pacific Shippers, Inc., requesting telephonic appearance on 6/10/5 at 1:30 p.m., for a further case management conference. Signed by Judge Joseph C. Spero on 6/7/2005. (klh, COURT STAFF) (Filed on 6/7/2005) (Entered: 06/07/2005)
29 ***DISREGARD THIS ENTRY. SEE NEXT ENTRY**** SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commision, Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 6/8/2005) Modified on 6/10/2005 (klh, COURT STAFF). (Entered: 06/08/2005)
30 SETTLEMENT AGREEMENT Consent Decree CORRECTION OF DOCKET #29 by Equal Employment Opportunity Commision, Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 6/9/2005) (Entered: 06/09/2005)
31 Minute Entry: Further Case Management Conference held on 6/10/2005 before Joseph C. Spero. Within 30 days the parties shall file a dismissal as to all Dfts except for Dft Sun Pacific Shippers and this case shall be closed. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 6/13/2005) (Entered: 06/13/2005)
32 CONSENT DECREE BETWEEN EEOC AND SUN PACIFIC SHIPPERS, INC., ET AL. Signed by Judge Joseph C. Spero on 6/9/2005. (klh, COURT STAFF) (Filed on 6/13/2005) (Entered: 06/13/2005)
33 FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Parties shall file a dismissal as to all Defendants, except for Defendant Sun Pacific Shippers, by 7/11/5. Signed by Judge Joseph C. Spero on 6/13/2005. (klh, COURT STAFF) (Filed on 6/13/2005) (Entered: 06/14/2005)
34 STIPULATION of Dismissal of Four Parties Pursuant to Consent Decree by Equal Employment Opportunity Commision. (O'Hara, Cindy) (Filed on 7/5/2005) (Entered: 07/05/2005)
35 ORDER GRANTING 34 Stipulation of Dismissal filed by Equal Employment Opportunity Commision,. Signed by Judge Joseph C. Spero on 7/11/05. (jjo, COURT STAFF) (Filed on 7/11/2005) (Entered: 07/11/2005)

7 of 8

6/6/2007 11:40 AM

CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?395990200718654-L_3...

PACER Service Center

Transaction Receipt

06/06/2007 09:42:51

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 5

Cost:

eeoc 3:04-cv-02950-JCS 0.40

8 of 8

6/6/2007 11:40 AM


[CONTENT] District Office | the U.S. District Court | the Northern District | California ||| Sun Pacific Shippers, Inc. ||| Title VII of the Civil Rights Act | 1964 ||| July 2004 | June 2005 ||| 45,000 ||| EEOC ||| eighteen months [SUMMARY] The San Francisco District Office filed this case in the U.S. District Court for the Northern District of California.  The defendant was Sun Pacific Shippers, Inc., and several related business entities.  It was alleged that the complainant, a female, was sexually harassed in violation of Title VII of the Civil Rights Act of 1964.  The lawsuit was filed in July 2004 and was eventually resolved by consent decree in June 2005.  The complainant, who did not intervene in the case, was awarded a total of $45,000.  In addition, the company had to provide a training session, revise and distribute its employee handbook and complaint procedures, and make semi-annual reports to the EEOC.  The duration of the consent decree was eighteen months.

