Mary Jo O'Neill AZ #005924 C. Emanuel SmIth MS #7424
P. David Lopez EQlTAL EMPLOYMENT OPPORTlil\ITY COMMISSION, Phoenix District Office
3300 North Central Avenue. Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5032
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

)

Equal Employment 0ppOJiunity

)

Commission,

)

)

Plaintiff,

)

VS.

)

)

Granite Mill & Fixture Company, a

)

Utah corporation,

)

)

Defendant.

)

-------------------------)

Civil No.
COMPLAINT JURY TRIAL DEMANDED
Judge David Sam DECK TYPE: Civil DATE STAMP: 09/30/2004 @ 15:51:32 CASE HUMBER: 2:04CV00923 DS

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

national origin, and to provide appropriate relief to Ralph Ruiz who was adversely

affected by such practices. The Commission alleges Defendant Granite Mill & Fixture

Company ("Granite Mill" or "Defendant") discriminated against Mr. Ruiz because of his

national origin, Mexican American.

\

JURISDICTION AND VENUE I. 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 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §§ 2000e-5(f)(I) and (3) ("Title VII"), Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981 a, and Section 707 of Title VII, 42 U.S.c. § 2000e-6. 2. The employment practices alleged to be unlawful were, and are now being committed within the jurisdiction of the United States District Court for the District of Utah.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), 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 Section 706(f)(1) and (3) ofTitle VII, 42 U.S.c. §§ 2000e-5(f)(l) and (3), and Section 707 of Title VII, 42 U.S.c. § 2000e-6. 4. At all relevant times, Defendant Granite Mill has continuously been a Utah corporation doing business in the State of Utah and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer
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engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ralph Ruiz filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Throughout Mr. Ruiz's employment tenure at Granite Mills and on a continuing basis, Defendant has continuously engaged in unlawful employment practices at its Salt Lake City, Utah facility, in violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e-2(a), by engaging in a continuing pattern of national origin harassment discrimination of Mr. Ruiz because of his national origin, Mexican American. 8. Ralph Ruiz worked at Granite Mills from 1972 and until March of2002. During Mr. Ruiz's tenure at Granite Mills, the national origin harassment was comprised, in part, of national origin based epithets and taunting by coworkers and supervisory personnel, including, but not limited to "fucking Mexican", "the fat Mexican", "that's a Mexican job", "that's a wetback's job", "let the wetbacks do that", "little fat fucking Mexican", "damn Mexican", "send the Mexicans to the back", "what's wrong with these fucking Mexicans?", and "you, brownies." 9. Although Defendant was aware of the national origin harassment, it failed
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to take appropriate remedial action to prevent or correct the unlawful conduct. 10. The effect of the practices complained of in paragraphs seven through nine
(~ 7-9) above has been to deprive Mr. Ruiz of equal employment opportunities and otherwise adversely affect his status as employee, because of his national origin, Mexican American.
11. The unlawful employment practices complained of in paragraphs seven through nine (~7-9) were and are intentional.
II. The unlawful employment practices complained of in paragraphs seven through nine (~7-9) above were done with malice or with reckless indifference to the federally protected rights of Mr. Ruiz.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Granite Mill, its officers, successors, assigns, and all persons in active concert or participation with them from engaging in national origin harassment and any other employment practice which discriminates on the basis of national origin. B. Order Defendant Granite Mill to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mexicans Americans, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendant Granite Mill to make whole Mr. Ruiz by providing
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compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven ('17), through nine ('Il9) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be detem1ined at trial.
D. Order Defendant to pay Mr. Ruiz punitive damages for their malicious and/or reckless conduct, described in paragraph seven ('Il7), through nine ('Il9) above, in amounts to be determined at trial.
E. Grant such further relief as the Court deems nccessary and proper in the public interest.
F. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

RESPECTFULLY SUBMITTED this JoM-aily of September, 2004.

Paul M. Warner United States Attorney

Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel

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UNITED STATES ATTORNEY 185 S. State #400 Salt Lake City, Utah 84111 (801) 325-3243 Associated Local Counsel for Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W.
W"hi"gtoo, IJ,c. 2:~~~.~f
Mary Jo O'Ne Regional Att rney
C. Emanuel Smith Supervisory Trial Attorney
P. David Lopez Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5032 Attorneys for Plaintiff

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 </s> Lf'Ol.J)LrSs~ ~i5L'S~1J'~V\J1..{."f_1C2:WJ

DEC 0's2oo{i~~?COURT

IN THE UNITED STATES DISTRICT COURrFF6;~im;r p 2: 12

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

.DISTR~LliJAH

Equal !=m'ployment Opportunity Commission,

BY·._

__..

DEPUTY CLERK

Case No. 2:04 CV 00923 OS

Plaintiff,

Senior Judge David Sam

vs.

Granite Mill & Fixture Company,

CONSENT DECREE

Defendant.

The United States Equal Employment Opportunity Commission ("the Commission" or "EEOC") filed this action against Granite Mill & Fixture Company ("Granite Mill" or "Defendant") to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (Title VII) and the Civil Rights Act of 1991,42 U.S.C. §1981a, as amended. In its Complaint, the Commission alleges that Granite Mill subjected Ralph Ruiz to a hostile work environment due to his national origin ("the Action").
Granite Mill has timely filed answers to the Complaint and at all times denied the allegations in the Complaint.
It is understood that this Consent Decree does not constitute an admission by Granite Mill of any violation under Title VII of the Civil Rights Act of 1964, as amended, and that all allegations of liability are expressly denied by Granite Mill.
To avoid incurring further time and expense, the parties to this Consent Decree have decided to resolve this matter on the following terms.
The parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law and to a jury trial.

It is hereby ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims by the Commission against Granite Mill, including claims for harassment, compensatory damages, punitive damages, and injunctive relief arising out of the issues in this lawsuit and its underlying and related charges.
GENERAL INJUNCTIVE RELIEF 2. Granite Mill and its officers, owners, directors and managers agree for the duration of the Decree that they will not (a) discriminate based on national origin, or (b) retaliate against any employee because he or she (i) opposes discriminatory practices made unlawful by Title VII, (ii) files a charge or assists or participates in the filing of a charge of discrimination, or (iii) assists or participates in an investigation or proceeding brought under Title VII.
CORRECTIVE POLICIES AND PRACTICES 3. Granite Mill will post, for the duration of this Decree, in a prominent place frequented by its employees at its facility located at 2200 S. Main Street in Salt Lake City, Utah, or any other facility to which Granite Mill may move during the duration of the Decree, the Notice attached as Exhibit A. The Notice shall be the same type, style and size as Exhibit A. 4. Granite Mill will institute and carry out policies and practices that help assure a work environment free from national origin discrimination for its employees and that allows employees to raise concerns or complaints without retaliation about matters, whether alleged, perceived, or actual, made unlawful by Title VII. 5. Granite Mill will provide training on national origin and retaliation, according to the following terms:
A. Granite Mill will retain and pay for consultanUlecturer(s) who
2

will provide consultation and training as set forth below for a period of one year from the date of this Decree.
B. The consultantllecturer(s) will conduct two live seminartraining sessions, held at four and 10 months after the effective date of the Decree. All employees, including management and supervisors, shall attend these sessions. The session shall be videotaped for those employees who are unable to attend the live sessions. Granite Mill shall keep a written record of all employees who attend the live trainings or watch the videotape of it. The registry of attendance shall be retained by Granite Mill for the duration of the Decree.
C. The seminar-training sessions shall be no less than one and one-half hours, including 30 minutes of questions and answers.
D. The seminars will include the subjects of diversity awareness and what constitutes national origin discrimination, as well as retaliation for engaging in protected activity under Title VII. This training will cover discrimination in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment; the prevention of discrimination; how to provide a work environment free from discrimination, harassment and retaliation; and to whom and by what means employees may complain if they feel they have been subjected to discrimination, harassment or retaliation in the workplace. The session shall also review and explain the policies set out in Paragraph 6 of this Decree.
E. During the live training seminars, Granite Mill's President will speak about the discipline that can be taken against employees who commit acts of discrimination, harassment or retaliation or allow discrimination, harassment or retaliation to occur in the workplace; the importance of maintaining an environment free of discrimination; and Granite Mill's anti-discrimination policies, in accordance with Paragraph 6 of this Decree.
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F. The Commission, at its discretion and with prior notice to Granite Mill, may designate Commission representatives to attend the first seminar-training session. The representatives shall have the right to fully participate in the session.
6. Within thirty days of the entry of this Decree, Granite Mill will review and, if necessary, revise its written policies concerning discrimination and retaliation to conform with the law. This written policy must include at a minimum:
A. A strong and clear commitment to a workplace free of national origin discrimination;
B. A strong and clear message of encouragement to persons who believe they have been discriminated against to come forward;
C. A description of the consequences, up to and including termination, that will be imposed upon violators of the policy;
D. A promise of maximum feasible confidentiality for persons who believe that they have been discriminated against in violation of the policy;
E. An assurance of non-retaliation for persons who believe they have been discriminated against and witnesses;
F. That national origin discrimination or harassment by any person, including management officials, supervisors, vendors, suppliers, third parties and customers is prohibited and will not be tolerated;
G. The identification of specific alternative individuals, with their telephone numbers, to whom employees who have been subjected to discrimination can report the discrimination and who have the authority to investigate allegations of discrimination in a neutral and confidential manner;
H. A written statement that the employee may report the harassment to designated persons outside of his or her chain of management should the complainant believe managers in the chain of command have a
4

conflict of interest, are implicated in the allegations, or may not adequately investigate the complaint;
I. Assurances that Granite Mill will investigate allegations of national origin discrimination or harassment promptly, fairly, reasonably and effectively by appropriate investigators and take appropriate corrective action to make victims whole and to eradicate the discrimination; and
J. Information regarding the employee's right to file a charge of
discrimination with the EEOC or the Utah Anti-Discrimination and Labor Commission.
7. These policies shall be posted in a prominent location at Granite Mill. These policies shall be transmitted to Granite Mill's employees by its President and distributed to each current employee within thirty days of the entry of the Decree. These policies shall be distributed to all new employees when hired.
8. Granite Mill shall institute a procedure which evaluates top management and all supervisory employees on their performance in responding to complaints of discrimination and for their compliance with EEO laws, including Title VII. The failure of such an employee to enforce the poliCies and the antidiscrimination laws must result in appropriate diSCiplinary action.
9. Granite Mill shall promptly, reasonably and appropriately investigate all complaints of national origin discrimination, as appropriate. The investigation must include a finding of whether discrimination occurred, a credibility assessment, interviews of all potential victims and witnesses identified, and concurrent notes of the investigation, as appropriate. Granite Mill shall take immediate appropriate corrective action to make discrimination victims whole, to discipline violators and to eradicate the discrimination, as appropriate.
10. Granite Mill shall not retain documents related to any such investigation referred to in Paragraph 9 in any of the complainants' personnel
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files. All disciplinary actions taken against employees for violation of any aforementioned policy will be retained in the violators' personnel file. In those cases in which no conclusion may be reached on the allegations, the investigation documents shall be maintained in a separate file.
REPORTING BY GRANITE MILL AND ACCESS BY EEOC 11. Granite Mill shall report in writing to the Regional Attorney of the Commission's Phoenix District Office at 3300 N. Central Ave., Suite 690, Phoenix, Arizona 85012, at five months and eleven months from the entry of the Decree the following information:
A. Any changes, modifications, revocations, or revisions to its policies and procedures which concern or affect the subject of national origin discrimination or retaliation.
B. The registry of persons attending the live seminars and videotaped sessions required in Paragraph 5 of this Decree, as well as a list of personnel employed by Granite Mill on the days of the seminar-training sessions.
C. Confirmation that (i) the Notice required in Paragraph 3 of this Decree was posted and the locations where it was posted; and (ii) the policies required in Paragraph 6 were distributed to each current and new employee and posted.
12. The Commission, upon seven (7) days written notice to Granite Mill's President, shall have the right to enter and inspect Granite Mill's premises to insure compliance with this Decree and Title VII's prohibition of national origin discrimination, as well as retaliation.
MONETARY RELIEF 13. Granite Mill agrees to pay Ralph Ruiz the amount of $18,000 pursuant to paragraphs 14 and 15.
6

14. Within fourteen (14) business days of the entry of this Decree, Granite Mill shall pay the amount listed in paragraph 13 by cashier's check or money order. This payment represents settlement of compensatory damages. Granite Mill will issue appropriate federal and state tax forms to Mr. Ruiz within thirty (30) days of making such payment.
15. The check provided for in Paragraph 14 of this Decree shall be mailed directly by Granite Mill to Ralph Ruiz at the address supplied by the Commission. Within three business days of issuance of the check, Granite Mill shall submit a copy of the cashier's check or money order and related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012. Issuance and mailing of the check shall constitute compliance with the payment obligation set forth herein.
16. Granite Mill will not condition the receipt of the individual relief on Mr. Ruiz's agreement to maintain as confidential the terms of this Decree or other matters in the public record.
COSTS AND DURATION 17. Each party will bear its costs and attorney's fees incurred as a result of this action through the filing of this Decree. 18. The duration of this Decree will be one year from its entry. This Court will retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that Granite Mill has not complied with this Decree, appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance, may be ordered. This Decree will expire by its own terms at the end of twelve months from the date of entry, without further action by the parties.
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19. The parties agree to entry of this Decree and judgment subject to final approval by the Court.
ENTERED AND ORDERED this "£"day of ~ ,2006.
United States District Court Judge
8

APPROVED AND CONSENTED TO: GRANITE MILL & FIXTURE COMPANY, by:
w~
President, Granite Mill

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, by:
MARY Jo O'NEILL
Regional Attorney

~LL~~
HILL, JOHNSON & SCHMUTZ, L.C. Jamestown Square, Suite 200 3319 N. University Avenue Provo, UT 84604 Attorneys for Granite Mill

SALLY SHANLEY
Supervisory Trial Attorney
KAREN E. NOTTER
Trial Attorney

Phoenix District Office 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012 Attorneys for Plaintiff

9

NOV(20/2000/MON 01:08 PM HILL JOHNSON SCHMUTZ FAX No. 801 37S 380S

P. 003

APPROVED AND CONSENTED TO: GRANITE MILL & FIXTURE COMPANY, by:
vv...~~y .~:~.
President, Granite Mill

EQUAL EMPLOYMENT
bOyP:PORTUNITY COMMISSION.

L~.~~.• ~

WM. KELL

H\.

.

HII.I., .'(jHN~ON & ~GHMIJT7, , .. G. Jamestown Square, Sulta 200 3319 N. University Av.enue Provo, UT 84604 Attorneys for Granite Mill

Phoeni.l(Dlstrlct Office . 3300 North Central Avenue Suite 690 Phoenix. ArlzQnC\ 89.012
Attorneys for Plcuntlff

~ . . . . •• -

~ ~,., ~ . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . ••• _ . . . . . . . . . , • • • • • • w . . . . . . , . . . . . . . . . . .

......... _ ...................................... ' .................. ................... _ ... ..

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

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Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:04-cv-00923-DS

CLOSED

EEOC v. Granite Mill Fixture Assigned to: Judge David Sam Demand: $0 Cause: 28:0451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/30/2004 Date Terminated: 12/06/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Carlie Christensen US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)524-5682 Email: Carlie.Christensen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan N. Allred 861 MAPLEWOOD DR IDAHO FALLS, ID 83401 (208)552-1201 TERMINATED: 06/03/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
P. David Lopez EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: patrick.lopez@eeoc.gov TERMINATED: 06/03/2005

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V. Defendant
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally C. Shanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5032 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Patrick Bates LARRY H. MILLER GROUP LEGAL DEPT 9350 S 150 E #1000 SANDY, UT 84070 (801)563-4143 TERMINATED: 01/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: emanuel.smith@eeoc.gov TERMINATED: 04/06/2006 ATTORNEY TO BE NOTICED
Karen E. Nutter EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-4773 Email: karen.nutter@eeoc.gov ATTORNEY TO BE NOTICED
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Granite Mill & Fixture a Utah corporation

represented by Evan A. Schmutz HILL JOHNSON & SCHMUTZ LC 4844 N 300 W STE 300 PROVO, UT 84604 (801)375-6600 Email: easchmutz@hjslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Curtis R. Hussey HILL JOHNSON & SCHMUTZ LC 4844 N 300 W STE 300 PROVO, UT 84604 (801)375-6600 Email: chussey@hjslaw.com ATTORNEY TO BE NOTICED
William Kelly Nash HILL JOHNSON & SCHMUTZ LC 4844 N 300 W STE 300 PROVO, UT 84604 (801)375-6600 Email: knash@hjslaw.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 10/05/2004
10/07/2004 11/02/2004 11/03/2004
12/06/2004 12/28/2004 12/29/2004

#

Docket Text

1 Complaint filed, assigned to Judge David Sam (kla) (Entered: 10/01/2004)
2 Motion and Order signed by Judge David Sam , 10/5/04 Granting motion/PHV for Attorney P. David Lopez, C. Emanuel Smith, Mary Jo O'Neill on behalf of plaintiff EEOC cc:attys (asp) (Entered: 10/05/2004)
3 Return of summons executed as to Granite Mill Fixture 10/6/04 Answer due on 10/26/04 for Granite Mill Fixture (asp) (Entered: 10/07/2004)
4 Answer to Complaint by Granite Mill Fixture (asp) (Entered: 11/03/2004)
Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Granite Mill Fixture (asp) (Entered: 11/03/2004)
5 Certificate of election filed by defendant Granite Mill Fixture Refer to: mediation (asp) (Entered: 12/06/2004)
6 Certificate of election filed by plaintiff EEOC Refer to: mediation (kvs) (Entered: 12/29/2004)
7 Motion and Order signed by Judge David Sam , 12/29/04 Granting motion/PHV for Attorney Karen E. Nutter on behalf of plaintiff EEOC cc:attys (kvs) (Entered: 12/30/2004)

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01/11/2005 01/12/2005
02/08/2005 02/10/2005 03/11/2005 04/15/2005 05/12/2005 05/31/2005 06/03/2005
06/20/2005 07/05/2005 07/05/2005 07/08/2005 07/18/2005
07/19/2005
08/04/2005

8 REPORT of Attorney Planning Meeting (asp) (Entered: 01/11/2005)
9 Scheduling order Setting ; Discovery cutoff 9/2/05 ;Joining of parties, amending of pleadings on 3/11/05 ; Deadline for filing of all motions 11/30/05 ; Final Pretrial Conference for 2:30 3/1/06 ; 4 Day Jury Trial for 8:30 3/13/06 ; Signed by Judge David Sam 1/12/05 cc:atty. (asp) (Entered: 01/13/2005)
10 Certificate of service by Granite Mill Fixture re: initial disclosures (asp) (Entered: 02/09/2005)
11 Certificate of service by EEOC re: initial disclosure statement (asp) (Entered: 02/10/2005)
12 Certificate of service by EEOC re: discovery requests (kvs) (Entered: 03/11/2005)
13 Certificate of service re: discovery by Granite Mill Fixture (blk) (Entered: 04/18/2005)
14 CERTIFICATE OF SERVICE re: first set of interrogatories and request for production of docs by Granite Mill & Fixture (kvs, ) (Entered: 05/13/2005)
15 CERTIFICATE OF SERVICE re: notice of amended video deposition of Ralph Ruiz by Granite Mill & Fixture (kvs, ) (Entered: 06/01/2005)
16 SUBSTITUTION OF COUNSEL Added attorney Scott Patrick Bates for Equal Employment Opportunity Commission. Attorney Karen E. Nutter; Mary Jo O'Neill; C. Emanuel Smith; Jan N. Allred and P. David Lopez terminated. (blk, ) (Entered: 06/07/2005)
17 CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 06/23/2005)
18 CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 07/08/2005)
19 CERTIFICATE OF SERVICE re: discovery by Equal Employment Opportunity Commission (blk, ) (Entered: 07/08/2005)
20 CERTIFICATE OF SERVICE re: notice of deposition continuance by Granite Mill & Fixture (blk, ) (Entered: 07/15/2005)
21 NOTICE of Clarification of Substitution of Counsel by Scott P. Bates (dkt. 16) by Equal Employment Opportunity Commission re 16 Substitution of Counsel (blk, ) (Entered: 07/19/2005)
22 Modification of Docket: Error: Terminated attys Mary Jo O'Neill, C. Emanuel Smith, and Karen E. Nutter as counsel for the EEOC. Correction: Reinstated previously referenced attorneys as counsel for the EEOC. re 21 Notice of Clarification of Substitution of Counsel. (blk, ) (Entered: 07/19/2005)
23 JOINT STIPULATION & MOTION for Extension of Time all dates remaining in the Attorney Planning Meeting Report by 90 days filed by Plaintiff Equal Employment Opportunity Commission, Defendant Granite Mill & Fixture. (blk, ) (Entered: 08/05/2005)

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08/09/2005 10/14/2005 10/17/2005 10/25/2005 10/27/2005 10/28/2005
11/02/2005 11/28/2005 01/27/2006 02/02/2006 02/03/2006 02/14/2006 02/22/2006 02/22/2006 02/22/2006

24 ORDER granting 23 Motion for Extension of Time. All remaining dates in the Atty Planning Meeting Report are extended by 90 days.. Signed by Judge David Sam on 8/9/05. (blk, ) (Entered: 08/10/2005)
25 NOTICE of Service of Plaintiff EEOC's Second Supplemental Responses to Defendant's First Request for Production by Equal Employment Opportunity Commission (Nutter, Karen) (Entered: 10/14/2005)
26 NOTICE of Service of First Request for Admissions by Equal Employment Opportunity Commission (Nutter, Karen) (Entered: 10/17/2005)
27 STIPULATION & MOTION for Extension of Time by 90 days all dates in the Attorney Planning Meeting Report filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 10/27/2005)
28 ORDER granting 27 Motion for Extension of Time re: deadlines in Atty Planning Meeting Rpt. Signed by Judge David Sam on 10/26/05. (blk, ) (Entered: 10/28/2005)
Set Deadlines/Hearings: Per Order #28 resetting certain deadlines and hearings by 90 days. The following and other deadlines/hearings were reset: Discovery due by 3/1/2005. Motions due by 5/23/2006. Final Pretrial Conference set for 8/8/2006 02:30 PM in Room 420 before Judge David Sam. Jury Trial set for 8/22/2006 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 10/28/2005)
29 CERTIFICATE OF SERVICE re: discovery by Granite Mill & Fixture (blk, ) (Entered: 11/04/2005)
30 CERTIFICATE OF SERVICE re: Discovery by Granite Mill & Fixture (kla, ) (Entered: 11/28/2005)
31 SUBSTITUTION OF COUNSEL Carlie Christensen replacing Scott Patrick Bates as counsel on behalf of Equal Employment Opportunity Commission. (Christensen, Carlie) (Entered: 01/27/2006)
32 Proposed Witness & Exhibit List by Granite Mill & Fixture. (blk, ) (Entered: 02/03/2006)
33 Proposed Witness & Exhibit List by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 02/03/2006)
34 STIPULATION & JOINT MOTION for Extension of Time of discovery dates, motion filing date, final pretrial conference date, and trial date by 60 days filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 02/15/2006)
35 ORDER granting 34 Motion for Extension of Time regarding discovery and other deadlines & hearings . Signed by Judge David Sam on 2/22/06. (blk, ) (Entered: 02/22/2006)
Set/Reset Deadlines:, Discovery due by 5/1/2006. Motions due by 7/25/2006. (blk, ) (Entered: 02/22/2006)
Set/Reset Hearings: Final Pretrial Conference reset for 10/4/2006 02:30 PM in Room 420 before Judge David Sam. 4-day Jury Trial reset for 10/17/2006 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 02/22/2006)

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https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?611417354644275-L_35...

03/29/2006 04/04/2006
04/04/2006 04/04/2006 04/05/2006 04/05/2006 04/06/2006 05/01/2006 05/02/2006
05/03/2006 11/02/2006 12/06/2006

36 CERTIFICATE OF SERVICE re: discovery by Granite Mill & Fixture (blk, ) (Entered: 03/30/2006)
37 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge David Sam on 4/4/06. (blk, ) (Entered: 04/05/2006)
38 Emergency MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 04/05/2006)
39 MEMORANDUM in Support re 38 Emergency MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Defendant Granite Mill & Fixture. (blk, ) (Entered: 04/05/2006)
40 RESPONSE to Motion re 38 MOTION for Extension of Time re: Length of Time of Deposition of Ralph Ruiz filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Nutter, Karen) (Entered: 04/05/2006)
41 MOTION to Withdraw as Attorney for the EEOC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C.) (Entered: 04/05/2006)
42 ORDER granting 41 Motion to Withdraw as Attorney. Attorney C. Emanuel Smith withdrawn from case . Signed by Judge David Sam on 4/6/06. (blk, ) (Entered: 04/06/2006)
43 Stipulated MOTION for Extension of Time to Complete Discovery by 90 days filed by Defendant Granite Mill & Fixture. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Extension of Time)(Nash, William) (Entered: 05/01/2006)
44 ORDER granting 43 Stipulated Motion for Extension of Time to Complete Discovery . Discovery due date is extended by 90 days (see order for specific dates). Dispositive Motions due: 10/23/06. Final Pretrial Conference set for 1/10/07 at 2:30 p.m. Trial is set for 1/23/07 at 8:30 a.m. Signed by Judge David Sam on 5/2/06. (blk, ) (Entered: 05/03/2006)
Set Deadlines/Hearings: Discovery due by 10/13/2006. Motions due by 10/23/2006. Final Pretrial Conference set for 1/10/2007 02:30 PM in Room 420 before Judge David Sam. Jury Trial set for 1/23/2007 08:30 AM in Room 420 before Judge David Sam. (blk, ) (Entered: 05/03/2006)
45 ORDER RE: PREPARATION OF JURY INSTRUCTIONS, etc. Signed by Judge David Sam on 11/1/06 (alt) (Entered: 11/03/2006)
46 CONSENT JUDGMENT/DECREE. Case Closed.. Signed by Judge David Sam on 12/6/06. (blk, ) (Entered: 12/06/2006)

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[CONTENT] September 2004 | U.S. | Office | Phoenix District Office | EEOC | Granite Mill & Fixture Company | District Court | Utah | Title VII of the Civil Rights Act | 1964 ||| Mexican ||| December 2006 ||| one-year | EEOC | 18,000 ||| 2006 | last 2007 |||  [SUMMARY] In September 2004 the U.S. Attorney's Office and Phoenix District Office of the EEOC filed this lawsuit against Granite Mill & Fixture Company in the U.S. District Court for the District of Utah, alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964.  Specifically, the complaint alleged that the defendant failed to address harassing speech directed at the complainant based upon his national origin, Mexican.  Following discovery and several postponements of the trial date, the parties settled the lawsuit in December 2006 through a consent decree.

The one-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: make compliance reports, keep records regarding training session attendance, allow the EEOC access for monitoring, develop its anti-discrimination policies, post notice of employee rights, provide biannual training, implement a complaint/dispute resolution process, promptly investigate all complaints regarding national origin discrimination or retaliation, and pay $18,000 to be distributed to the complainant.

The decree was entered in 2006 and scheduled to last 2007. No further docket entries exist, so the case is closed.