Case 1:05-cv-01883-REB-CBS Document 1-1 Filed 09/29/2005 Page 1 of 8

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. ACEPEX MANAGEMENT CORPORATION,
Defendant. ________________________________________________________________________
COMPLAINT and JURY TRIAL DEMAND _______________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action to correct (1) an unlawful employment practice of a hostile work environment based on gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq.(“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. This action seeks to provide appropriate relief to Charging Party, a former employee of Acepex Management. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendant, Acepex Management Corporation, has discriminated against Charging Party because of her gender by subjecting her to sexual harassment, and by failing to take prompt remedial action intended to eliminate the sexual harassment, in violation of Title VII.

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JURISDICTION AND VENUE 1. Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 703(a), 706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a), 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court, District of Colorado. 3. More than thirty days prior to the institution of this lawsuit, a female employed by Defendant, filed a charge of discrimination with the EEOC alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
PARTIES 4. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e5(f)(1) and (3). 5. At all relevant times, Defendant has continuously been and is now doing business in the State of Colorado and has continuously had at least fifteen (15) employees. 6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).
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7. The female employee who filed a charge of discrimination with the EEOC will be hereafter referred to as “Charging Party.”
GENERAL ALLEGATIONS 8. Charging Party was hired by Acepex in May 2003, as a janitorial supervisor to work at the Denver Federal Center. 9. Soon after Charging Party was hired, her supervisor, Gary Cordova, began sexually harassing her. 10. Cordova’s sexual harassment of Charging Party began with inappropriate sexual advances, inappropriate sexual touching, and using offensive sexual language when she was present. 11. When Charging Party rejected Cordova’s sexual advances and asked him to leave her alone, he responded by saying he gave her the job, and persisted in his offensive conduct. 12. After Charging Party rejected Cordova’s sexual advances, he punished her by assigning her to do menial tasks, ridiculing her, and frequently threatening to terminate her employment. 13. After Charging Party rejected Cordova’s sexual advances, his treatment of her became violent. 14. Some of Cordova’s offensive sexual conduct was carried on openly, in the presence of other managerial and/or supervisory employees. 15. On one occasion, in the presence of another supervisor, Cordova grabbed Charging Party by the hair and forced her face to the floor, telling her she was stupid, not worth anything, and only there because he gave her the job
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16. On two occasions in May and June, 2003, Cordova raped Charging Party. 17. Cordova told Charging Party he had friends who would hurt her and her family if she reported his assaults. 18. On or about July 25, 2003, the General Services Administration (GSA) informed Acepex of Charging Party’s allegations against Cordova. 19. GSA banned Cordova from working at the Federal Center, pending the outcome of an investigation by the Federal Protective Service (FPS) into allegations that Cordova had mistreated Acepex employees. 20. As a result of GSA banning Cordova from the Federal Center, Acepex placed Cordova on paid administrative leave. 21. Acepex took no disciplinary action against Cordova because of his inappropriate sexual conduct in the workplace. 22. Before Charging Party complained about Cordova’s sexual harassment, her employment record at Acepex was unblemished by any disciplinary action. 23. During the two months after Charging Party complained about Cordova’s sexual harassment, she was given four disciplinary actions for alleged violations of company policy, was forced to change shifts, and was ultimately fired on September 26, 2003. 24. The FPS investigation concluded on September 8, 2003, with a notice of Unfavorable Final Adjudication, requiring that Cordova be “removed from the government contract due to information provided on the FBI Rap Sheet and information received though other resources.” 25. On September 9, 2003, the day after conclusion of the FPS investigation,
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Acepex required Charging Party to change from the night shift to the day shift. 26. Charging Party objected to the shift change and offered to take a demotion
from supervisor in order to remain on the night shift. 27. Acepex refused to allow Charging Party to remain on the night shift, and
insisted that she report to work at 7:00 a.m. 28. Charging Party is a single mother. Because of Cordova’s threats against her
family, Charging Party drove her son to school every day. 29. Charging Party could not drive her son to school and get to work by 7:00 a.m. 30. Charging Party requested that her start time be changed to 7:30 a.m., so that
she could drive her son to school and report to work on time. 31. Acepex refused to adjust Charging Party’s start time to 7:30 a.m. 32. Instead, Acepex issued written warnings to Charging Party for being late to
work. 33. On September 26, 2003, Charging Party was terminated as a result of her
being late to work. FIRST CLAIM FOR RELIEF (Sexual Harassment)
34. Plaintiff realleges the foregoing paragraphs 1 through 33. 35. Cordova’s offensive sexual conduct in the workplace was sufficiently severe or pervasive to alter the terms and conditions of Charging Party. 36. Cordova’s offensive sexual conduct in the workplace constitutes sexual harassment. 37. Cordova’s sexual harassment created a hostile work environment based on
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gender. 38. Acepex knew of Cordova’s sexual harassment. 39. Acepex failed to take reasonable measures to prevent and promptly correct
sexual harassment in the workplace. 40. The effect of the events described above, including Cordova’s sexual
harassment and Acepex’s failure to promptly and adequately respond to employee complaints of sexual harassment, has been to deprive Charging Party of equal employment opportunities.
41. The unlawful employment practices described above were intentional. 42. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of Charging Party.
SECOND CLAIM FOR RELIEF (Retaliation)
43. Plaintiff realleges the foregoing Paragraphs 1 through 42. 44. The effect of the practices complained of above has been to deprive Charging Party of equal employment opportunities and otherwise adversely affect her status as an employee, because she opposed practices she reasonably believe to be illegal under Title VII, in violation of Sections 704(a) and 706 of Title VII, 42 U.S.C. § 2000e-3(a), 2000e5. 45. The unlawful employment practices described above were intentional. 46. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of Charging Party.
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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, Acepex Management Corporation, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment policy or practice which creates a sexually hostile work environment or otherwise discriminates on the basis of gender; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and unlawful employment practices; C. Order Defendant to make whole Charging Party by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; D. Order Defendant to make whole Charging Party by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above; E. Order Defendant to make whole Charging Party by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation; F. Order Defendant to pay Charging Party punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial; G. Order Defendant and its successors to provide training to its officers, managers and employees regarding discriminatory harassment and retaliation in the workplace; H.Grant such further relief as the Court deems necessary and proper in the public
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interest; and

I. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its

Complaint.

Dated: September 29, 2005

Respectfully submitted,

JAMES L. LEE Deputy General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

JOSEPH H. MITCHELL Regional Attorney Denver District Office

NANCY A. WEEKS Supervisory Trial Attorney

s/ Rita Byrnes Kittle RITA BYRNES KITTLE Trial Attorney (303) 866-1347

ANJULI KELOTRA Trial Attorney (303) 866-1378

PLEASE NOTE: For the purposes of service upon the EEOC, it is sufficient that pleadings, notices, and court documents be served upon the
Trial Attorneys.

EEOC Denver District Office 303 E. 17th Ave., Suite 510 Denver, CO 80203

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 </s> Case 1:05-cv-01883-REB-CBS Document 5-2 Filed 11/04/2005 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 1:05-CV-01883-REB-CBS
YOLANDA CARRILLO, Plaintiff,
v. ACEPEX Management Corporation,
Defendant. ______________________________________________________________________
COMPLAINT IN INTERVENTION ______________________________________________________________________
COMES NOW THE PLAINTIFF, Yolanda Carrillo, by and through her attorney, John S. Evangelisti, and for her Complaint against the Defendant, states as follows: I. NATURE OF THE ACTION. 1. Plaintiff Yolanda Carrillo suffered damages as a result of sex discrimination (female) and retaliation, when she was sexually assaulted, subjected to quid pro quo sexual harassment by an employee of the Defendant, subjected to a hostile environment, disciplined and terminated in retaliation for opposing practices made illegal by Title VII. 2. Plaintiff seeks relief under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-2(a) and 42 U.S.C. §2000e-3(a). II. JURISDICTION AND VENUE. 3. The jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §1343(a)(3) and (4).

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4. At all times relevant herein, Defendant ACEPEX Management Corporation

employed fifteen (15) or more employees for each working day in each of twenty (20) or

more calendar weeks in the current or preceding calendar year and is an employer engaged

in an industry effecting commerce within the meaning of 42 U.S.C. §2000e.

5. Venue in this Court is proper pursuant to 42 U.S.C. §2000e-5(f)(3), as the

unlawful employment practices complained of herein were committed in the Federal

Judicial District of the State of Colorado

III. PARTIES.

6. Plaintiff is a female citizen of the United States and of the State of Colorado.

7. Defendant ACEPEX Management Corporation is a company incorporated and in

active status in the State of California, and is presently doing business in the State of

Colorado.

IV. ADMINISTRATIVE PROCEDURE.

8. Plaintiff Yolanda Carrillo filed a timely charge of discrimination, EEOC No. 320-

2004-00007, regarding sex, race, national origin discrimination and retaliation, with the U.S.

Equal Employment Opportunity Commission on November 24, 2003.

9. On September 29, 2005, the Equal Employment Opportunity Commission

commenced an action against Defendant ACEPEX.

.

10. All other jurisdictional and statutory prerequisites to this action have been fulfilled.

V. GENERAL ALLEGATIONS.

11. Ms. Yolanda Carrillo is a 40 year old, Hispanic female.

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12. In May of 2003, ACEPEX Management Corporation (“ACEPEX”) had a janitorial contract with the Denver Federal Center at 6th and Kipling, Lakewood, Colorado 80214. 13. On May 5, 2003, Ms. Carrillo was hired at ACEPEX by Custodial Project Manager (Mgr.), Gary Cordova as a janitorial supervisor, to work the night shift, from 11:30 a.m. to 8:00 p.m. 14. Ms. Carrillo supervised approximately 22 janitorial staff in Building 67 at the Federal Center. 15. Immediately after Ms. Carrillo was hired, Mgr. Cordova began making unwanted sexual advances towards Ms. Carrillo. 16. Mgr. Cordova would ask Ms. Carrillo how she liked it, “big, medium or small”. 17. From May 5, 2003 through May 12, 2003, Mgr. Cordova made similar demands and remarks on a daily basis. 18. Mgr. Cordova constantly reminded Ms. Carrillo that he had given her the job. 19. On May 12, 2003, Mgr. Cordova told Ms. Carrillo to check the 9th floor janitor’s closet. 20. During that time, the 9th floor was under construction and nobody was there after 4:00 p.m. Ms. Carrillo and Mgr. Cordova took the elevator to the 9th floor. Ms. Carrillo opened the door to the janitor’s closet. Mgr. Cordova then sexually assaulted Ms. Carrillo. 21. Ms. Carrillo returned to work, as she needed the job to support her three children. 22. Mgr. Cordova continued making dirty comments to Ms. Carrillo.
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23. Mgr. Cordova demanded that Ms. Carrillo sit in a chair in his office and not move. 24. Mgr. Cordova would close his office door and tell Ms. Carrillo that she needed to be “dusted” or that she was “grounded”. 25. Ms. Carrillo pleaded with Mgr. Cordova to leave her alone. 26. Mgr. Cordova would tell Ms. Carrillo that “he gave her the job”. 27. Mgr. Cordova would pull the chair that Ms. Carrillo was sitting in, close to him and he tell Ms. Carrillo that he had friends that could hurt her and her family if she told. 28. Ms. Carrillo pleaded with Mgr. Cordova not to fire her because she needed the job. 29. Mgr. Cordova verbally abused Ms. Carrillo, and made threats to her on a daily basis. 30. Mgr. Cordova made Ms. Carrillo pick up the trash that he had thrown on the floor. During this incident, Mgr. Cordova called Ms. Carrillo “stupid”, told her that she “was not worth anything”, and said “you are here because I gave you this job.” 31. Mgr. Cordova pounded his fist on his desk, yelled and pointed his finger at Ms. Carrillo. 32. Mgr. Cordova demanded more every day. 33. Mgr. Cordova allowed a cartoon clipping which identified the characters as Ms. Carrillo and another male janitor to be hung in his office. 34. These incidents took place from May 13, 2003 through June 12, 2003. 35. On June 12, 2003, Mgr. Cordova handed Ms. Carrillo a key and told her to check the janitor’s closet on the 9th floor where Mgr. Cordova again sexually assaulted her.
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36. Mgr. Cordova continued the verbal abuse, threats and violence towards Ms. Carrillo. 37. Ms. Carrillo was forced to perform duties that were normally performed by subordinate staff. 38. Ms. Carrillo and a co-employee told Regional Mgr. Alan Antonio what was happening to Ms. Carrillo. 39. On July 24, 2003, Mgr. Cordova told Ms. Carrillo to go to the janitor’s closet on the 9th floor. 40. A co-employee told a federal worker what was happening to Ms. Carrillo and telephoned the police. 41. Mgr. Cordova was later terminated from ACEPEX for other reasons. 42. Ms. Carrillo began to receive complaints from Ms. Montez, Reg. Mgr. Antonio, and Administrative Assistant Christensen. 43. Management forced Ms. Carrillo to perform the same duties as her subordinate employees, along with her supervisory duties. 44. On August 13, 2003, Ms. Carrillo was given an Employee Warning Notice by Reg. Mgr. Antonio, stating that Ms. Carrillo violated company policy to not “involve self at any time in the current police investigation unless directed by FPS Investigators or to discuss subject matter with anyone at anytime . . ." 45. Ms. Carrillo had never received any disciplinary warnings prior to the reporting of the sexual assaults. 46. Dated September 23, 2003, Ms. Carrillo was given an Employee Warning Notice for approving an employee’s request for time off to attend a funeral.
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47. In early September 2003, Ms. Carrillo’s schedule was changed and she was moved to the 7:00 a.m. to 3:30 p.m. day shift. 48. Ms. Carrillo pleaded with management not to change her schedule because she wanted to make sure that her youngest son got to school. 49. Ms. Carrillo offered to step down as supervisor in order to remain on the night shift. 50. Management refused. 51. On September 25, 2003, Ms. Carrillo was given an Employee Warning Notice after she was five minutes late reporting to work. 52. On September 26, 2003, Ms. Carrillo was terminated. 53. Ms. Carrillo is currently seeing a therapist for post-traumatic stress disorder. 54. Ms. Carrillo lost wages and wage earning capacity, suffered emotional distress and mental pain and suffering, loss of enjoyment of life, compensatory and pecuniary damages.
FIRST CLAIM FOR RELIEF 42 U.S.C. §2000e-2
(Discrimination Based on Sex – Female –Quid Pro Quo) 55. Plaintiff incorporates paragraphs 1 through 54 inclusive, as though fully set forth herein. 56. Defendant is liable for the actions of its employees. 57. Defendant intentionally engaged in unlawful employment practices and policies in violation of 704(a) of Title VII, 42 U.S.C. §2000e-2, including but not limited to quid pro quo sexual harassment.
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SECOND CLAIM FOR RELIEF 42 U.S.C. §2000e-2
(Discrimination Based on Sex – Female – Sexual Assault) 58. Plaintiff incorporates paragraphs 1 through 57 inclusive, as though fully set forth hrerein. 59. Defendant is for the actions of its employees. 60. Defendant intentionally engaged in unlawful employment practices and policies in violation of 704(a) of Title VII, 42 U.S.C. §2000e-2, including but not limited to sexual assault.
THIRD CLAIM FOR RELIEF 42 U.S.C. §2000e-2
(Discrimination Based on Sex – Female – Hostile Environment) 61. Plaintiff incorporates paragraphs 1 through 60 inclusive, as though fully set forth herein. 62. Defendant is liable for the actions of its employees. 63. Defendant intentionally engaged in unlawful employment practices and policies in violation of 704(a) of Title VII, 42 U.S.C. §2000e-2, including but not limited to harassment because of her sex in the form of a hostile work environment.
FOURH CLAIM FOR RELIEF 42 U.S.C. §2000e-3
(Discrimination Based on Sex – Female – Retaliation) 64. Plaintiff incorporates paragraphs 1 through 63 inclusive, as though fully set forth hrerein. 65. Defendant intentionally engaged in unlawful employment practices and policies in violation of 704(a) of Title VII, 42 U.S.C. §2000e-3, including but not limited to unlawful
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discipline and termination because Plaintiff complained of discrimination or otherwise opposed practices made unlawful by Title VII.
FIFTH CLAIM FOR RELIEF 42 U.S.C. §2000
(Punitive Damages) 66. Plaintiff incorporates paragraphs 1 through 66 inclusive, as though fully set forth herein. 67. Defendant engaged in discriminatory practices with malice or with reckless indifference to the federally protected rights of the Plaintiff. 68. Defendant is also vicariously liable for the actions of its employees. WHEREFORE, Plaintiff prays the Court:
A. Enter a declaratory judgment, as Defendant has violated the rights secured to Plaintiff by Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq., to be free of employment discrimination.
B. Order the Defendant to make the Plaintiff whole by providing her with full back pay and front pay, pre and post judgment interest, the monetary value of lost wage increases and promotions, the monetary value of lost fringe benefits, including pension, social security and other retirement accounts, pursuant to 42 U.S.C. §2000e-5(g) and in an amount to be shown at trial.
C. Award Plaintiff compensatory damages pursuant to 42 U.S.C. §1981(a), (Section 102 of the Civil Rights Act of 1991) for future pecuniary losses, emotional pain, suffering, PTSD, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses, in an amount to be shown at trial.
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D. Award Plaintiff punitive damages pursuant to 42 U.S.C. §1981(a), (Section 102 of the Civil Rights Act of 1991) in an amount to be shown at trial
E. Award Plaintiff the costs of this action together with reasonable attorney's fees pursuant to 42 U.S.C. §2000e-5(k) and 42 U.S.C. 1988(b).
F. Enter an Order for such further and other relief as this Court may deem necessary and proper including any affirmative relief that is necessary to eliminate the effect of the discriminatory practices complained of or any affirmative relief that is necessary to make the Plaintiff whole pursuant to 42 U.S.C. §2000e-5(g).
PLAINTIFF DEMANDS TRIAL BY JURY.
RESPECTFULLY SUBMITTED s/John S. Evangelisti__________________ John S. Evangelisti Attorney for Plaintiff Yolanda Carrillo 1120 Lincoln St., Ste. 711 Denver, CO 80203 (303) 832-8226 Gregory A. Hall, Esq. s/Gregory A. Hall Gregory A. Hall, Esq. P.O. Box 202922 Denver, CO 80220 Phone: (303) 320-0584
Plaintiff's Address Yolanda Carrillo 4736 Bryant Street Denver, CO 80211
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 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 05-cv-01883-REB-CBS Date: May 02, 2006

FTR - Reporter Deck, Crtrm A402 Courtroom Deputy, Ellen E. Miller

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff(s), and
YOLANDO CARRILLO,
Intervenor Plaintiff(s), v.
ACEPEX MANAGEMENT CORPORATION,
Defendant(s).

Rita B. Kittle (by telephone)
Gregory A. Hall (by telephone) John S. Evangelisti (by telephone)
Evan S. Lipstein (by telephone)

COURTROOM MINUTES / MINUTE ORDER

HEARING:

MOTIONS HEARING / STATUS CONFERENCE

Court in Session: 8:30 a.m.

Court calls case. Appearance of counsel.

It is ORDERED: Defendant’s MOTION FOR PROTECTIVE ORDER (Docket No. 47, Filed April 28, 2006) is DENIED without Prejudice.

It is ORDERED:

Defendant’s MOTION FOR ORDER FOR MENTAL EXAMINATION (Docket No. 50, Filed May 01, 2006) is DENIED without Prejudice.

Discussion is held regarding the topics of the motions.

It is noted Mr. Antonio was deposed for seven hours on April 27, 2006, as a 30(b)(6) witness. Counsel for the EEOC wishes to depose Mr. Antonio in his individual capacity, expecting to inquire as to his background, employment, education, personal relationship with some of the employees,

personal knowledge of the events, and so forth.

It is ORDERED:

The EEOC may depose Alan Antonio in his individual capacity. This deposition shall not be duplicative or cummulative of the deposition taken of Mr. Antonio as a 30(b)(6) deponent. This deposition is limited to FOUR (4) HOURS.

As to the request regarding the Mental Health Examination, the Court notes there is no supporting information provided as to what Dr. Martinez would ask Dr. Wachtell to test.
Defendant shall either have Dr. Martinez conduct his examination and then approach the Court to address the request of Dr. Wachtell’s psychological testing or the defendant may supplement its Motion for FED.R.Civ.P. 35 examination with information from Dr. Martinez describing what specific factors cause him to believe Dr. Wachtell should do psychological testing and to describe the scope of that testing.
Mr. Lipstein notes Dr. Martinez is scheduled to out of the state, therefore unavailable much of the time until he conducts his examination of Ms. Carrillo on May 15, 2006.
Ms. Carrillo is allowed to tape record the examination.
It is ORDERED: The parties shall submit a STIPULATED PROPOSED ORDER as to the agreements made today regarding the testing of Ms. Carrillo.
In light of these discussions, the deadlines set in the Scheduling Order are modified.
It is ORDERED: AFFIRMATIVE experts shall be designated on or before JUNE 30, 2006
REBUTTAL experts shall be designated on or before JULY 30, 2006
DISCOVERY CUTOFF is extended to AUGUST 30, 2006
DISPOSITIVE MOTION deadline is extended to SEPTEMBER 30, 2006
The SETTLEMENT CONFERENCE set MAY 04, 2006 at 9:30 a.m. remains set.
The FINAL PRETRIAL CONFERENCE set JANUARY 09, 2007 at 9:15 a.m. remains set.

HEARING CONCLUDES. Court in recess: 9:10 a.m. Total In-Court Time: 00:33

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 1:05-cv-01883-REB-CBS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and YOLANDA CARRILLO,
Plaintiff/Intervenor v. ACEPEX MANAGEMENT CORPORATION,
Defendant.
CONSENT DECREE

TABLE OF CONTENTS I. RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 III. ISSUES RESOLVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. RELIEF FOR PLAINTIFF/INTERVENOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. EQUITABLE RELIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Injunctive Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Anti-discrimination Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E. Posting of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 F. Foreign Language Translations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 G. Record Keeping And Reporting Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 VI. RETENTION OF JURISDICTION AND FILING OF DECREE . . . . . . . . . . . . . . . . . 9 VII. ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 VIII. EEOC AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IX. COSTS AND ATTORNEY'S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 X. NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Attachment A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
-i-

I. RECITALS 1. This matter was instituted by Plaintiff, Equal Employment Opportunity Commission ("Commission" or “Plaintiff” or “EEOC”), an agency of the United States government, alleging that, Defendant Acepex Management Corporation (“Defendant”) discriminated against Yolanda Carrillo by maintaining a hostile work environment based on gender, and by retaliating against her for complaining about gender discrimination. 2. The Commission, Defendant, and Ms. Carrillo, desiring to settle this action by an appropriate Consent Decree ("Decree"), agree to the jurisdiction of this Court over the parties and the subject matter of this action, and agree to the power of this Court to enter a Consent Decree enforceable against the Parties hereto. 3. This Decree is final and binding upon the parties as to the issues resolved, as well as upon their successors and assigns. 4. The parties agree that this Consent Decree fairly resolves the issues alleged in this lawsuit, and constitutes a complete resolution of all of the Commission’s claims of unlawful employment practices under Title VII that arise from the charge of discrimination filed by Yolanda Carrillo, Charge No. 320-2004-00007. A separate agreement between Defendant and Ms. Carrillo constitutes a complete resolution of all of Ms. Carrillo's claims that arise from her charge of discrimination, as well as other claims as specified therein. 5. For the purpose of amicably resolving disputed claims, the Defendant joins with the Commission and Ms. Carrillo in requesting this Court to adjudge as follows: IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
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II. JURISDICTION 6. The parties stipulate to the jurisdiction of the Court over the parties and subject matter of this action, and have waived the entry of findings of fact and conclusions of law. 7. The duration of this Decree shall be three (3) years from the date of signing by the Court.
III. ISSUES RESOLVED 8. This Decree resolves all claims for damages arising out of the issues and claims set forth in Civil Action No.1:05-cv-01883-REB-CBS. 9. Defendant and its officers, agents, employees, successors, and all other persons in active concert or participation with any of them will not interfere with the relief herein ordered, but shall cooperate in the implementation of this Decree.
IV. RELIEF FOR PLAINTIFF/INTERVENOR CARRILLO 10. In full settlement of all monetary claims on behalf of Ms. Carrillo, Defendant agrees to pay a total of $100,000 Carrillo for compensatory damages, including physical injuries, and $90,000 to her attorneys, John S. Evangelisti, Esq and Gregory A. Hall, Esq. for attorney fees and costs.
10.1 Payments pursuant to this Paragraph 10 shall be paid to Yolanda Carrillo and her attorney by certified check within fifteen business days after entry of this Consent Decree by the Court, with a copy of the checks to EEOC counsel;
10.2 Defendant shall prepare and provide tax-reporting forms to Yolanda Carrillo and her counsel, John S. Evangelisti, Esq.
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11. Defendant shall provide a written apology and a positive letter of reference to Ms. Carrillo.
V. EQUITABLE RELIEF A. Scope
12. The terms of this Decree shall apply to all Acepex facilities and employees in Colorado. B. Injunctive Relief
13. During the term of this Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with it, or any of them, are enjoined from engaging in any employment practice which discriminates on the basis of gender.
14. During the term of this Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with them, or any of them, are enjoined from engaging in reprisal or retaliation of any kind against any person because of such person’s opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, as amended, because of such person’s filing a charge, testifying or participating in any manner in any investigation, proceeding, hearing or lawsuit under any of these statutes, because such person was identified as a witness or possible witness for the Commission, because such person participated in any manner in this action or in the investigation giving rise to this action, or because such person is designated as an aggrieved individual under this Decree.
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C. Anti-discrimination Policy 15. Defendant shall adopt and/or maintain a policy proscribing discrimination based
on gender, and proscribing retaliation against any employee who complains about gender discrimination or who files a charge of discrimination alleging gender discrimination. (“AntiDiscrimination Policy”). Defendant shall post and keep posted for the duration of this Decree, in a conspicuous place in each of its facilities in Colorado, where notices to employees and applicants for employment are customarily kept or posted, a copy of the Anti-Discrimination Policy in both English and Spanish. Within thirty (30) days of entry of this Decree, Defendant shall provide a copy of the Anti-Discrimination Policy to all employees and will provide the policy to newly hired employees within ten (10) days of their hire. The policy will be provided in English and Spanish. Within forty-five (45) days of entry of this Decree, Defendant shall forward a copy of the Anti-Discrimination Policy to the Commission and a letter indicating that the Anti-Discrimination Policy has been posted and distributed. D. Training
16. Beginning in calendar year 2006, and annually thereafter, Defendant shall conduct annual training for all its employees on what constitutes employment discrimination. Training will include employee notification of the Defendant’s policy and procedures for registering complaints of discrimination. Defendant agrees that said training will also counsel employees on the penalties of engaging in such discriminatory behavior. Defendant agrees that said training will include the Defendant’s non-retaliation policy. All training under this Paragraph 16 shall be at Defendant’s expense, conducted by outside vendors or by video training approved by the EEOC, which approval will not be unrerasonably withheld, and will be conducted in both
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Spanish and English, either in separate sessions or simultaneously with the aid of an interpreter. The training will be conducted as follows:
16.1 Non-managerial Employees. Defendant will require non-managerial employees to attend one (1) hour of training per year regarding workplace discrimination, with emphasis on harassment and retaliation. Harassment training will include discussion of harassment based on race, color, national origin, gender, age, religion, and disability. Additionally, Defendant will require new employees to complete the requisite training, within ten (10) days of being hired.
16.2 Managerial and Supervisory Employees Defendant will require all individuals who work in a managerial or supervisory capacity to receive at least six (6) hours of training annually regarding Title VII and other federal antidiscrimination laws, two (2) of the six (6) hours must directly address sexual harassment, retaliation, and gender discrimination. Additionally, Defendant will require employees newly hired or promoted into a managerial or supervisory position to complete the requisite six (6) hours of training within sixty (60) days of being hired or promoted.
16.3 Human Resource Employees Defendant will require at least one employee with human resource responsibility for Acepex employees in Colorado to receive at least fourteen (14) hours of training annually regarding Title VII and other federal anti-discrimination laws. Five (5) of the fourteen (14) hours must directly address sexual harassment, retaliation, and gender discrimination. Additionally, Defendant will require employees newly hired or promoted into a human resource position to complete seven (7) hours of general EEO training within sixty (60) days of being hired or
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promoted into a human resource position. 17. Defendant agrees that the first such training session for each employee group
identified in Paragraph 16, above, will take place within one hundred twenty days after entry of this Decree. Defendant agrees that all personnel shall both register and attend the seminar training sessions. In the semi-annual reports required under the Reporting provisions of this Decree, Defendant shall submit copies of the agenda of the training programs, identify the individuals providing the training, and provide the registries of attendance.
18. The Commission, at its discretion, may designate one or more Commission representatives to attend any of the seminar-training sessions described above, and the Commission representative(s) shall have the right to attend training sessions, and ask or respond to questions. Defendant shall provide the Commission with thirty days notice that a seminartraining session will be conducted. E. Posting of Notice
19. Within five (5) business days of the entry of this Consent Decree, Defendant shall post in a conspicuous place in each of its facilities where notices to employees and applicants for employment are customarily kept or posted, the Notice attached as Attachment A to this Decree. The Notice shall be posted in both Spanish and English and shall remain posted for the duration of this Decree. If the Notice becomes defaced or illegible, Defendant will replace it with a clean copy. Defendant shall certify to the Commission, in writing, within twenty (20) days of entry of this Decree that the Notice has been properly posted in both Spanish and English and shall provide recertification in each of the semi-annual reports required under the Reporting provision of this Consent Decree.
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F. Foreign Language Translations 20. Within sixty (60) of entry of this Decree, Defendant will obtain Spanish-language
translations for its employee handbook, and all other presently existing policy documents provided to employees, or posted for employees to see.
21. All documents related to equal employment opportunity policies published to employees by way of posting will be posted in both Spanish and English. G. Record Keeping And Reporting Provisions
22. For the duration of this Consent Decree, Defendant shall maintain all records concerning implementation of this Consent Decree. The Commission shall have the right to interview any personnel employed by Defendant for the purpose of determining Defendant’s compliance with the terms of this Consent Decree. In the event the Commission exercises its right to interview personnel at Defendant's premises, EEOC will provide Acepex at least 24 hours prior notice, and will cooperate with Acepex so as to cause a minimum of disruption to operation of the business.
23. Each party shall bear its own costs in conjunction with the maintenance of records, preparation of any report, access or copying of records, or interviews of employees.
24. Defendant shall provide semi-annual reports for each six-month period following the entry of the Decree. The reports shall be due thirty days following the respective six-month period, except the final report which shall be submitted to the Commission two weeks prior to the date on which the Consent Decree is to expire.
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25. Each report shall provide the following information: 25.1 Complaints of Gender Discrimination 25.1.1 For purposes of this Paragraph 26.1, the term “complaint of gender discrimination” will include any written or verbal complaint which alleges discrimination based on gender, or alleges conduct which the Defendant recognizes as presenting an allegation of gender discrimination. For example, an employee may complain that she was denied promotion because of her sex, or that co-workers are telling offensive sexual jokes. These are “complaints of discrimination” even though the employee does not expressly allege discrimination. 25.1.2 The name, address and telephone number of each person making a complaint of gender discrimination to Defendant or to any federal, state, or local government agency. 25.1.3 A brief summary of each complaint, including the date of the complaint, the name of the individual(s) who allegedly engaged in the discriminatory conduct, the Defendant’s response to the complaint, the name of the person who investigated or responded to the complaint, and what, if any resolution was reached; 25.1.4 Copies of all documents memorializing or referring to the complaint, investigation, and/or resolution thereof.
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26.2 Training 26.2.1 For each training program required under Paragraphs 16.1 and 16.2, and conducted during the reporting period, Defendant shall submit a registry of attendance. 26.2.2 For each training program required under Paragraph 16.3, and completed during the reporting period, Defendant shall provide a certificate of completion. 26.2.4 For each training program conducted during the reporting period, Defendant will identify the vendor and provide a copy of the program agenda.
26.3 Posting of Notice: Defendant shall re-certify to the Commission, that the Notice required to be posted under Paragraph 19 of this Consent Decree has been properly posted in both Spanish and English, or if removed, was promptly replaced, during the duration of the reporting period. VI. RETENTION OF JURISDICTION AND FILING OF DECREE 26. This Court shall retain jurisdiction of this cause for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. Upon submission of the final report referenced in Paragraph 25, and the expiration of a period of 30 days after submission of said report, within which the Commission has not filed an objection thereto, the Commission and Defendant shall promptly file a Joint Stipulation for Dismissal with Prejudice ("Joint Stipulation") of this civil action, upon which filing this Decree shall automatically dissolve, and
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this Civil Action shall be dismissed with prejudice. If the Commission files an objection to the

final report within said 30-day period, the Parties will file the Joint Stipulation promptly after the

Court's resolution of the Commission's objection.

VII. ENFORCEMENT

27. There is no private right of action to enforce Defendant’s obligations under the

Decree and only the Commission may enforce compliance herewith.

28. Enforcement may be had by the Commission or Defendant petitioning the Court

for enforcement of the terms of this Decree.

VIII. EEOC AUTHORITY

29. With respect to matters or charges outside the scope of this Decree, this Decree

shall in no way limit the powers of the Commission to seek to eliminate employment practices or

acts made unlawful by any of the statutes over which the EEOC has enforcement authority, and

are unrelated to the claims asserted in this lawsuit.

IX. COSTS AND ATTORNEY'S FEES

30. Except as specifically set forth herein, each party shall be responsible for and shall

pay its own costs and attorney's fees.

X. NOTICE

31. Any notice, report, or communication required under the provisions of this Decree

shall be sent by certified mail, postage prepaid, to the appropriate parties as follows:

Regional Attorney Denver Field Office Equal Employment Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, CO 80203

Acepex Management Corporation Henry Rhee, President 10643 Mills Avenue Montclair, CA 91763-4612

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SO ORDERED this 23rd day of October, 2006.
BY THE COURT:
s/ Robert E. Blackburn __________________________________ United States District Judge

APPROVED AS TO FORM:
s/ Rita Byrnes Kittle Rita Byrnes Kittle Trial Attorney (303) 866-1347
Equal Employment Opportunity Commission 303 East 17th Avenue, Suite 510 Denver, CO 80203
Attorneys for Plaintiff EEOC
s/ John S. Evangelisti John S. Evangelisti, Attorney at Law 1120 Lincoln Street, Suite 711 Denver, CO 80203
Attorney for Yolanda Carrillo
BY CONSENT:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BY: ___________________________ Mary Jo O'Neill Regional Attorney
___________________________ Date
Yolanda Carrillo

s/ Evan Lipstein Evan Lipstein, Esq. Law Offices of Evan Lipstein, P.C. 12600 West Colfx, Suite 400 Lakewood, CO 80215 Attorneys for Defendant
Date
ACEPEX MANAGEMENT CORPORATION
BY: ___________________________ Henry Rhee, President
_________________________ Date

_________________________________ Page 11 of 12

ATTACHMENT A
NOTICE
The following notice is being posted pursuant to the terms of a Consent Decree reached between the parties in EEOC v. Acepex Management Corporation, filed in the United States District Court for the District of Colorado, Civil Action No.1:05-cv-01883-REB-CBS.
Management of Acepex Management Corporation wishes to emphasize the company’s fundamental policy of providing equal employment opportunity in all of its operation and in all areas of employment practices, and to ensure that there shall be no discrimination against any employee or applicant for employment on the grounds of race, color, religion, sex, pregnancy, national origin, age or disability. This policy extends to insurance benefits and all other terms, conditions and privileges of employment.
Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to discriminate based upon the sex of an employee or job applicant. Further, it is unlawful for any employer to retaliate against an employee because he or she has opposed discriminatory employment practices, including sex discrimination, or because he or she has filed a charge of discrimination with any municipal, state or federal equal employment opportunity agency, or because he or she has participated in an investigation of a charge of discrimination.
Acepex respects the right of its employees and applicants for employment to work in an environment free from discrimination. Accordingly, Acepex reaffirms its commitment to complying with the strictures of Title VII, in that it is our policy to prohibit all discrimination in terms of hiring, promotion, compensation, benefits, discharge or discipline because of sex.
Any employee who believes that he/she has suffered discrimination on the basis of age, race, color, religion, sex, pregnancy, national origin, or disability, has the right to contact the EEOC directly at 1-800-669-4000. In compliance with federal law, no official at Acepex will retaliate against an employee who makes an internal complaint of discrimination or who contacts the EEOC or its state counterpart.
This Notice shall remain posted for the term of three years.
Acepex Management Corporation

By:__________________________________

____________________ Date

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 </s> CM/ECF - U.S. District Court:cod - Docket Report

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NDISPO, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:05-cv-01883-REB-CBS

Equal Employment Opportunity Commission v. Acepex Management Corporation Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Craig B Shaffer Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2005 Date Terminated: 10/23/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Ann Louise Fuller U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1319 Fax: 303-866-1375 Email: ann.fuller@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John S. Evangelisti John S. Evangelisti, Atty at Law 1120 Lincoln Street #711 Denver, CO 80203 303-832-8226 Fax: 303-830-8843 Email: evangelistijohns@qwest.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy A. Weeks U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1947 Fax: 303-866-1375 Email: nancy.weeks@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rita Byrnes Kittle

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Intervenor Plaintiff Yolando Carrillo
V. Defendant Acepex Management Corporation
ThirdParty Plaintiff Acepex Management Corporation TERMINATED: 04/11/2006 V. ThirdParty Defendant
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U.S. Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1347 Fax: 303-866-1375 Email: rita.kittle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gregory Alan Hall Gregory A. Hall Law Office P.O. Box 202922 Denver, CO 80220-8922 303-320-0584 Fax: 303-370-6922 Email: gregory@federallaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John S. Evangelisti (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Evan S. Lipstein Evan S. Lipstein, PC 12600 West Colfax Avenue #C-400 Lakewood, CO 80215 303-232-5151 Fax: 303-232-5161 Email: evan@lipsteinlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Evan S. Lipstein (See above for address) LEAD ATTORNEY
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Gary Cordova TERMINATED: 04/11/2006

represented by Andrew T. Brake Andrew T. Brake, P.C. 777 East Girard Avenue #200 Englewood, CO 80113 303-806-9000 Email: a.brake@att.net LEAD ATTORNEY
Maria T. Lighthall Senter Goldfarb & Rice, LLC 1700 Broadway #1700 Denver, CO 80290 303-320-0509 Email: mlighthall@sgrllc.com TERMINATED: 03/03/2006 LEAD ATTORNEY

Date Filed 09/29/2005 09/30/2005 10/05/2005
11/03/2005 11/04/2005 11/04/2005 11/09/2005
11/15/2005

#

Docket Text

1 COMPLAINT and jury trial demand against Acepex Management Corporation Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(bpm, ) (Entered: 09/29/2005)
2 ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Blackburn. (rebsec, ) (Entered: 09/30/2005)
3 ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting set for 12/19/2005 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 10/5/05. (dlb, ) (Entered: 10/05/2005)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Acepex Management Corporation waiver sent on 9/30/2005, answer due 11/29/2005. (Kittle, Rita) (Entered: 11/03/2005)
5 MOTION to Intervene by Interested Party Yolando Carrillo. (Attachments: # 1 Complaint in Intervention)(Evangelisti, John) (Entered: 11/04/2005)
6 MEMORANDUM referring to Magistrate Judge Shaffer : 5 MOTION to Intervene filed by Yolando Carrillo, by Judge Robert E. Blackburn on 11/4/05. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 11/04/2005)
7 MOTION to Consolidate Cases [04-cv-02419-WDM-OES and 05-cv-01883-REB-CBS] by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit # 2 Proposed Order (PDF Only))(Lipstein, Evan) (Modified on 11/10/2005 to clarify entry) (dlb, ). (Entered: 11/09/2005)
8 ANSWER to Complaint, THIRD PARTY COMPLAINT against Gary Cordova by Acepex Management Corporation.(Lipstein, Evan) (Entered: 11/15/2005)

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11/16/2005
11/16/2005 11/29/2005 12/01/2005 12/01/2005 12/02/2005 12/05/2005
12/05/2005
12/05/2005 12/09/2005 12/14/2005 12/14/2005 12/14/2005

9 MINUTE ORDER granting 5 MOTION to Intervene by Interested Party Yolando Carrillo and the Clerk's office is instructed to accept for filing Pla's Carillos' complaint in intervention by Magistrate Judge Craig B Shaffer on 11/16/05. (dlb, ) (Entered: 11/16/2005)
10 INTERVENOR COMPLAINT against ACEPEX Management Corporation, filed by Yolando Carrillo.(dlb, ) (Entered: 11/16/2005)
11 ANSWER to Intervenor Complaint by Acepex Management Corporation.(Lipstein, Evan) (Entered: 11/29/2005)
12 NOTICE of Entry of Appearance by Ann Louise Fuller on behalf of Equal Employment Opportunity Commission (Fuller, Ann) (Entered: 12/01/2005)
13 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Consolidate [Dkt #7] by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 12/01/2005)
14 Minute ORDER granting Plaintiff's Unopposed 13 Motion for Extension of Time to File Response to 7 First MOTION to Consolidate Cases to 12/9/05, by Judge Robert E. Blackburn on 12/2/05. (gms, ) (Entered: 12/02/2005)
15 Docket Annotation re: 12 Notice of Entry of Appearance. Attorney Ann Louise Fuller for Equal Employment Opportunity Commission added [not linked properly during filing]. Text only entry - no document attached. (dlb, ) (Entered: 12/05/2005)
16 Docket Annotation re: 14 Minute ORDER granting Plaintiff's Unopposed 13 Motion for Extension of Time to File Response to 7 First MOTION to Consolidate Cases to 12/9/05, by Judge Robert E. Blackburn on 12/2/05 resent. Text only entry - no document attached. (dlb, ) (Entered: 12/05/2005)
17 SUMMONS Returned Executed by Acepex Management Corporation. Gary Cordova served on 11/25/2005, answer due 12/15/2005. (Lipstein, Evan) (Entered: 12/05/2005)
18 RESPONSE to Motion re 7 First MOTION to Consolidate Cases filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Kittle, Rita) (Entered: 12/09/2005)
19 REPLY to Response to Motion re 7 First MOTION to Consolidate Cases filed by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 12/14/2005)
20 Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint by ThirdParty Defendant Gary Cordova. (Attachments: # 1)(Lighthall, Maria) (Entered: 12/14/2005)
21 MEMORANDUM referring to Magistrate Judge Shaffer : 20 Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint filed by Gary Cordova, by Judge Robert E. Blackburn on 12/14/05. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 12/14/2005)

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12/15/2005 12/16/2005 01/06/2006 01/09/2006 01/09/2006 01/12/2006 01/18/2006
01/18/2006
01/18/2006 02/28/2006 02/28/2006

22 MINUTE ORDER granting 20 Motion for Extension of Time to Answer re 8 Third Party Complaint Gary Cordova answer due 1/6/2006 by Magistrate Judge Craig B Shaffer on 12/15/05. (dlb, ) (Entered: 12/15/2005)
23 MINUTE ORDER resetting Scheduling Conference set for 1/18/2006 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 12/16/05. (dlb, ) (Entered: 12/16/2005)
24 Unopposed MOTION for Extension of Time to File Answer re 8 Third Party Complaint by ThirdParty Defendant Gary Cordova. (Attachments: # 1 Proposed Order (PDF Only))(Lewis, Brian) (Modified on 1/9/2006 to clarify entry) (dlb, ). (Entered: 01/06/2006)
25 MEMORANDUM referring to Magistrate Judge Shaffer : 24 Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint filed by Gary Cordova, by Judge Robert E. Blackburn on 1/9/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 01/09/2006)
26 ORDER granting 24 Motion for Extension of Time to Answer re 8 Third Party Complaint Gary Cordova answer due 1/13/2006. Signed by Magistrate Judge Craig B Shaffer on 1/9/06. (dlb, ) (Entered: 01/09/2006)
27 Proposed Scheduling Order by Intervenor Plaintiff Yolando Carrillo, Plaintiff Equal Employment Opportunity Commission, ThirdParty Plaintiff Acepex Management Corporation, ThirdParty Defendant Gary Cordova, Defendant Acepex Management Corporation. (Evangelisti, John) (Entered: 01/12/2006)
28 TRIAL PREPARATION CONFERENCE ORDER: Five (5) Day Jury Trial set for 3/26/2007 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 3/9/2007 at 09:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 1/18/06. (dlb, ) (Entered: 01/18/2006)
29 Minute Entry (Courtroom Minutes) for proceedings held before Magistrate Judge Craig B Shaffer : Scheduling Conference held on 1/18/2006. Discovery due by 7/30/2006. Dispositive Motions due by 8/31/2006. Settlement Conference set for 5/4/2006 09:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Updated Settlement Statements due 04/27/2006. Final Pretrial Conference set for 1/9/2007 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer.(Court Reporter FTR/Ellen E. Miller) (cbscd ) (Entered: 01/18/2006)
30 SCHEDULING ORDER:Signed by Magistrate Judge Craig B Shaffer on 01/18/2006. (cbscd) (Entered: 01/18/2006)
31 MOTION to Withdraw as Attorney And Substitution of Counsel by ThirdParty Defendant Gary Cordova. (Attachments: # 1 Proposed Order (PDF Only))(Brake, Andrew) (Entered: 02/28/2006)
32 MEMORANDUM referring to Magistrate Judge Shaffer : 31 MOTION to Withdraw as Attorney And Substitution of Counsel filed by Gary Cordova, by Judge Robert E. Blackburn on 2/28/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 02/28/2006)

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03/03/2006 03/06/2006 03/06/2006 03/07/2006 03/08/2006 03/08/2006 03/08/2006
03/14/2006 03/14/2006 04/11/2006 04/11/2006 04/21/2006 04/26/2006

33 ORDER granting 31 MOTION to Withdraw as Attorney Maria T. Lighthall and Lee T. Judd as Counsel for Gary Cordova . Signed by Magistrate Judge Craig B Shaffer on 3/3/06. (dlb, ) (Entered: 03/03/2006)
34 MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 03/06/2006)
35 MEMORANDUM referring to Magistrate Judge Shaffer : 34 MOTION For Extension of Time to RESPOND TO DISCOVERY filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 3/6/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 03/06/2006)
36 RESPONSE to Motion re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY And Request for Expedited Ruling filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 03/07/2006)
37 REPLY to Response to Motion re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY filed by Defendant Acepex Management Corporation. (Attachments: # 1 Pages Attachment)(Lipstein, Evan) (Entered: 03/08/2006)
38 Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 3/8/2006 re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff is granted to 3/17/06. (Court Reporter FTR - Ellen E. Miller.) (dlb, ) (Entered: 03/08/2006)
39 ORDER: 34 MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff is granted to 3/17/06 pursuant to courtroom minutes by Magistrate Judge Craig B Shaffer on 3/8/06. [Text Only Order - No Document Attached]. (dlb, ) (Modified on 3/8/2006 to add verbiage) (dlb, ). (Entered: 03/08/2006)
40 ORDER denying leave to proceed in forma pauperis on appeal. Signed by Judge Wiley Y. Daniel on 3/14/06. (djs, ) (Entered: 03/14/2006)
41 Docket Annotation re: 40 Order denying leave to proceed in forma pauperis on appeal was filed in this case in error. Text only entry - no document attached. (djs, ) (Entered: 03/14/2006)
42 NOTICE of Voluntary Dismissal of Party Gary Cordova by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation (Lipstein, Evan) (Entered: 04/11/2006)
43 ORDER approving 42 NOTICE of Voluntary Dismissal of Third-Party Plaintiff and Third-Party Defendant. Signed by Judge Robert E. Blackburn on 4/11/06. (dlb, ) (Entered: 04/11/2006)
44 MINUTE ORDER : Telephonic Discovery/In Court Hearing set for 4/27/2006 at 03:45 PM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge Craig B Shaffer on 4/21/06. (gms, ) (Entered: 04/21/2006)
45 MINUTE ORDER: Vacating Telephonic Discovery/In Court Hearing 04/27/2006 by Magistrate Judge Craig B Shaffer on 4/26/06. (dln, ) (Entered: 04/26/2006)

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05/02/2006 05/05/2006 05/05/2006

46 Docket Annotation: Motions terminated: 7 MOTION to Consolidate Cases [04-cv-02419-WDM-OES and 05-cv-01883-REB-CBS] by Defendant. [LEAD Case No. 04-cv-02419 Dismissed by Order [#56] on 3/17/06]. Text only entry no document attached. (dln, ) (Entered: 04/27/2006)
47 MOTION for Protective Order by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 04/28/2006)
48 MINUTE ORDER : Telephonic Discovery/Status Conference reset for 5/2/2006 08:30 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 4/28/06. (dln, ) (Entered: 04/28/2006)
49 MEMORANDUM referring to Magistrate Judge Shaffer : 47 MOTION for Protective Order by Defendant (Text Only Entry - No Document Attached) by Judge Robert E. Blackburn on 4/28/06. (dln, ) (Entered: 04/28/2006)
50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 05/01/2006)
51 MEMORANDUM referring to Magistrate Judge Shaffer : 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 5/1/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 05/01/2006)
52 RESPONSE to Motion re 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION INTERVENOR?S RESPONSE TO DEFENDANT?S MOTION FOR ORDER FOR MENTAL EXAMINATION filed by Intervenor Plaintiff Yolando Carrillo. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Hall, Gregory) (Entered: 05/02/2006)
53 Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 5/2/2006 re 47 MOTION for Protective Order by Defendant and 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant are denied without prejudice. Discovery due by 8/30/2006. Dispositive Motions due by 9/30/2006. Settlement Conference set for 5/4/2006 09:30 AM before Magistrate Judge Craig B Shaffer. Final Pretrial Conference set for 1/9/2007 09:15 AM before Magistrate Judge Craig B Shaffer. (Court Reporter FTR - Ellen E. Miller.) (dln, ) (Entered: 05/02/2006)
54 ORDER: 47 MOTION for Protective Order by Defendant and 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant are denied without prejudice pursuant to courtroom minutes by Magistrate Judge Craig B Shaffer on 5/2/06. [Text Only Order - No Document Attached]. (dln, ) (Entered: 05/02/2006)
55 MINUTE ORDER : Discovery due by 9/30/2006. Dispositive Motions due by 10/31/2006 by Magistrate Judge Craig B Shaffer on 5/5/06. (dln, ) (Entered: 05/05/2006)
56 Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 5/5/2006 (Court Reporter None.) (dln, ) (Entered:

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05/15/2006 05/17/2006 05/17/2006
05/18/2006 05/19/2006 05/19/2006 05/23/2006 05/31/2006 06/01/2006 06/01/2006 06/10/2006 06/12/2006 06/19/2006

05/05/2006)
57 MINUTE ORDER: Telephonic Discovery Dispute Hearing/Status Conference set for 5/18/2006 01:30 PM before Magistrate Judge Boyd N. Boland by Magistrate Judge Craig B Shaffer on 5/15/06. (dln, ) (Entered: 05/15/2006)
58 DECLARATION of Richard Peter Martinez regarding First MOTION to FOR ORDER FOR MENTAL EXAMINATION50 by Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 05/17/2006)
59 AMENDED Declaration of Richard Peter Martinez re: 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit Curriculum Vitae# 2 Proposed Order (PDF Only) for Mental Examination)(Lipstein, Evan) (Modified on 5/18/2006 to correct linkage)(dln, ). (Entered: 05/17/2006)
60 Minute Entry for proceedings held before Judge Craig B Shaffer : Telephonic Discovery Dispute/Status Conference held on 5/18/2006 (Court Reporter FTR Ellen Miller.) (dln, ) (Entered: 05/19/2006)
61 Second MOTION to Order Mental Examination by Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only) for Mental Examination)(Lipstein, Evan) (Entered: 05/19/2006)
62 MEMORANDUM referring to Magistrate Judge Shaffer : 61 Second MOTION to Order Mental Examination filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 5/19/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 05/19/2006)
63 MINUTE ORDER Setting Hearing on Motion 61 Second MOTION to Order Mental Examination by Defendant. Motion Hearing set for 7/10/2006 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 5/23/06. (dln, ) (Entered: 05/23/2006)
64 MOTION For Extension of Time to File FRE 702 Motions by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 05/31/2006)
65 MINUTE ORDER granting to 10/11/06 64 MOTION For Extension of Time to File FRE 702 Motions by Plaintiff by Judge Robert E. Blackburn on 6/1/06. (dln, ) (Entered: 06/01/2006)
66 MINUTE ORDER : RESETTING Motion Hearing set for 6/27/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 6/1/06. (dln, ) (Entered: 06/01/2006)
67 RESPONSE to Motion re 61 Second MOTION to Order Mental Examination filed by Intervenor Plaintiff Yolando Carrillo. (Hall, Gregory) (Entered: 06/10/2006)
68 RESPONSE to Motion re 61 Second MOTION to Order Mental Examination filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 06/12/2006)
69 NOTICE of Filing Declaration of Maximillian Wachtel by Defendant Acepex Management Corporation (Attachments: # 1 Exhibit curriculum vitae of Maximillian Wachtel, Ph.D.)(Lipstein, Evan) (Entered: 06/19/2006)

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06/21/2006 06/27/2006 06/27/2006 08/04/2006 08/04/2006 08/07/2006 08/21/2006 08/21/2006 08/28/2006 08/29/2006
08/29/2006 09/14/2006 09/15/2006

70 RESPONSE to Defendant's Third Request for Production of Documents by Intervenor Plaintiff Yolando Carrillo. (Evangelisti, John) (Entered: 06/21/2006)
71 Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 6/27/2006 re 61 Second MOTION to Order Mental Examination by Defendant is granted. (Court Reporter FTR - Bernique Abiakam.) (dln, ) (Entered: 06/30/2006)
72 ORDER granting 61 Second MOTION to Order Mental Examination by Defendant pursuant to coutroom minutes by Magistrate Judge Craig B Shaffer on 6/27/06. [Text Only Order - No Document Attached]. (dln, ) (Entered: 06/30/2006)
73 Unopposed MOTION For Extension of Time to Designate Experts by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Fuller, Ann) (Entered: 08/04/2006)
74 MEMORANDUM referring to Magistrate Judge Shaffer : 73 Unopposed MOTION For Extension of Time to Designate Experts filed by Equal Employment Opportunity Commission, by Judge Robert E. Blackburn on 8/4/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 08/04/2006)
75 MINUTE ORDER granting 73 Unopposed MOTION For Extension of Time to Designate Experts. Affirmative experts by 8/21/06, Rebuttal experts by 9/21/06 by Magistrate Judge Craig B Shaffer on 8/7/06. (dln, ) (Entered: 08/07/2006)
76 NOTICE of Service of Expert's Report Pursuant to Fed. R. Civ. P. 26(a)(2) by Defendant Acepex Management Corporation (Lipstein, Evan) (Entered: 08/21/2006)
77 NOTICE of Service of Expert Designations by Plaintiff Equal Employment Opportunity Commission (Kittle, Rita) (Entered: 08/21/2006)
78 Unopposed MOTION For Extension of Time to Serve Written Discovery by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 08/28/2006)
79 MEMORANDUM referring to Magistrate Judge Shaffer : 78 Unopposed MOTION For Extension of Time to Serve Written Discovery filed by Equal Employment Opportunity Commission, by Judge Robert E. Blackburn on 8/29/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 08/29/2006)
80 MINUTE ORDER Granting 78 Plaintiffs' Unopposed MOTION For Extension of Time to Serve Written Discovery . Entered by Magistrate Judge Craig B Shaffer on 8/29/06. (pap, ) (Entered: 08/29/2006)
81 MINUTE ORDER : Telephonic Status Conference set for 9/15/2006 10:00 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 9/14/06. (dln, ) (Entered: 09/14/2006)
82 Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 9/15/2006. Discovery due by 10/17/2006. (Court Reporter FTR - Ben Van Dyke.) (dln, ) (Entered: 09/15/2006)

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10/06/2006 10/20/2006 10/23/2006
10/23/2006

83 MOTION For Extension of Time to respond to Discovery by Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 09/28/2006)
84 MEMORANDUM regarding 83 MOTION For Extension of Time to respond to Discovery filed by Acepex Management Corporation by Judge Robert E. Blackburn on 9/29/06. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 09/29/2006)
85 MINUTE ORDER re: 83 MOTION For Extension of Time to respond to Discovery filed by Acepex Management Corporation, Set Hearings: Telephonic Status Conference set for 10/6/2006 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 10/4/06. (erv, ) (Entered: 10/05/2006)
86 MINUTE ORDER, Set Deadlines: Consent Decree due by 10/20/2006. by Magistrate Judge Craig B Shaffer on 10/6/06. (erv, ) (Entered: 10/06/2006)
87 Joint MOTION to Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Consent Decree)(Kittle, Rita) (Entered: 10/20/2006)
88 CONSENT DECREE IT IS ORDERED, ADJUDGED, AND DECREED that The parties stipulate to the jurisdiction of the Court over the parties and subject matter of this action, and have waived the entry of findings of fact and conclusions of law. This Court shall retain jurisdiction of this cause for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. Signed by Judge Robert E. Blackburn on 10/23/06. (erv, ) (Entered: 10/23/2006)
89 MINUTE ORDER DISMISSING CASE Based on the Consent Decree entered October 23, 2006, IT IS ORDERED as follows: That the Trial Preparation Conference set for March 9, 2007, is VACATED; That the jury trial set to commence March 26, 2007, is VACATED; and That this case is administratively closed pursuant to D.C.COLO.LCivR 41.2, subject to reopening for good cause shown. by Judge Robert E. Blackburn on 10/23/06. (erv, ) (Entered: 10/23/2006)

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[CONTENT] September 2005 | EEOC | Denver | Colorado | the Acepex Management Corporation | the U.S. District Court | Colorado ||| Title VII of the Civil Rights Act | 1964 |||  |||  ||| October 2006 ||| 190,000 | Spanish | English | semiannual | EEOC ||| three years ||| 2009 [SUMMARY] In September 2005, the EEOC district office in Denver, Colorado brought this suit against the Acepex Management Corporation, an office janitorial service, in the U.S. District Court for the District of Colorado. The complaints alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by discriminating against a female employee because of her sex.  Specifically, she alleged that she was repeatedly sexually assaulted by a supervisor, exposed to degrading cartoons, and discharged for complaining about the assaults and participating in the police investigation.  The charging party intervened in the case. After extensive discovery and a terminated motion for consolidation, the parties settled the case and a consent decree was entered in October 2006.

In the consent decree, the parties agreed that the defendant would pay the aggrieved party $190,000 in compensatory damages and attorneys fees, refrain from retaliating and discriminating based on sex, issue positive references, implement an anti-discrimination policy, post and distribute its new policy, provide EEO training to ALL its staff, post an EEO notice, provide all employee postings and handbooks in Spanish and English, and submit semiannual complaint/compliance reports to the EEOC. The decree was valid for three years. The docket does not show any further enforcement; the case was presumably closed in 2009.

