This case was last updated from U.S. District Courts on 01/20/2023 at 11:20:27 (UTC).

Equal Employment Opportunity Commission v. Chief Orchards Administrative Services, Inc.

Case Summary

On September 28, 2021, the Equal Employment Opportunity Commission (the “Commission” or “Plaintiff”), represented by Amos Blackman, Damien Lee, and Roberta L. Steele of the Commission, filed a civil rights lawsuit against Chief Orchards Administrative Services, Inc. (“Defendant”), seeking injunctive relief and damages for alleged employment discrimination. This case was filed in the U.S. District Court for the Eastern District of Washington, with Judges Rosanna Malouf Peterson and Mary K. Dimke presiding.

In the complaint, the plaintiff alleged, “More than thirty (30) days prior to the institution of this lawsuit, Charging Party Gonzalez filed a charge with the EEOC alleging violations of Title VII by Defendant.”

Plaintiff alleged, “The Commission engaged in communications with Defendant to provide Defendant the opportunity to remedy the discriminatory practices described in the letter of determination.”

The plaintiff then alleged, “The Commission was unable to secure from Defendant a conciliation agreement acceptable to the Commission.”

Additionally, the plaintiff alleged, “On March 2, 2021, the Commission issued to Defendant a Notice of Failure of Conciliation advising that the Commission was unable to secure from Defendant a conciliation agreement acceptable to the Commission.”

Plaintiff also alleged, “From at least July 2017 until September 27, 2018, Defendant engaged in unlawful employment practices at its facilities in Yakima, Washington in violation of § 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Defendant engaged in these unlawful practices by subjecting Gonzalez to a hostile work environment based on sex and subjecting her to constructive discharge.”

The plaintiff further alleged, “The unlawful employment practices complained of were done with malice or with reckless indifference to the federally protected rights of Gonzalez.”

Plaintiff presented one claim for relief for alleged employment discrimination. 

In the prayer for relief, the plaintiff requested a judgment for injunctive and declaratory relief. The plaintiff also requested an award of appropriate back pay with pre-judgment interest in amounts to be determined at trial, other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices, and compensation for past and future non-pecuniary losses.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-03125

  • Filing Date:

    09/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Presiding Judge

Mary K. Dimke

 

Party Details

Plaintiff

Equal Employment Opportunity Commission

Intervenor Plaintiff

Kristian Gonzalez

Defendant

Chief Orchards Administrative Services, Inc.

Attorney/Law Firm Details

Plaintiff and Intervenor Plaintiff Attorneys

Amos Blackman

Attorney at Equal Employment Opportunity Commission - SEA

909 First Avenue, Suite 400

Seattle, WA 98104

Damien Lee

Attorney at Equal Employment Opportunity Commission - SEA

909 First Avenue, Suite 400

Seattle, WA 98104

May R Che

Attorney at US Equal Employment Opportunity Commission

909 1St Avenue, Suite 400

Seattle, WA 98104

Roberta L Steele

Attorney at Equal Employment Opportunity Commission

The Phillip Burton Fed Bldg, 450 Golden Gate Ave - 5Th Fl W

San Francisco, CA 36025

Erika Valencia

Attorney at The Workers' Law Office PLLC

306 Holton Avenue Suite B

Yakima, WA 98902

Defendant Attorney

Tyler Michael Hinckley

Attorney at Montoya Hinckley PLLC

4301 Tieton Drive

Yakima, WA 98908

 

Court Documents

#49

(#49) ORDER GRANTING #47 CONSTRUED MOTION FOR STIPULATED CONSENT DECREE; AND CONSENT DECREE. Signed by Judge Mary K. Dimke. (REM, Case Administrator) (Entered: 01/13/2023)

#48

(#48) STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Blackman, Amos) (Entered: 01/06/2023)

47 #5

Affidavit Certificate of Service

47 #4

Text of Proposed Order Proposed Order Approving Consent Decree

47 #3

Exhibit Ex. C (Notice to Employees)

47 #2

Exhibit Ex. B (B. Edwards Guaranty)

47 #1

Exhibit Ex. A (E. Edwards Guaranty)

47 #47

Main Document

45 #45

Main Document

4 #2

Text of Proposed Order

4 #4

Main Document

3 #2

Text of Proposed Order

3 #1

Exhibit

3 #3

Main Document

#2

1 #2

Summons

1 #1

Civil Cover Sheet

1 #1

Main Document

48 More Documents Available
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Docket Entries

  • 01/13/2023
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  • Docket(#49) ORDER GRANTING #47 CONSTRUED MOTION FOR STIPULATED CONSENT DECREE; AND CONSENT DECREE. Signed by Judge Mary K. Dimke. (REM, Case Administrator) (Entered: 01/13/2023)

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  • 01/06/2023
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  • Docket(#48) STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Blackman, Amos) (Entered: 01/06/2023)

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  • 12/15/2022
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  • Docket(#47) Stipulated MOTION for Settlement PROPOSED CONSENT DECREE by Equal Employment Opportunity Commission. Motion Hearing set for 12/16/2022 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Exhibit Ex. A (E. Edwards Guaranty), #2 Exhibit Ex. B (B. Edwards Guaranty), #3 Exhibit Ex. C (Notice to Employees), #4 Text of Proposed Order Proposed Order Approving Consent Decree, #5 Affidavit Certificate of Service)(Blackman, Amos) (Entered: 12/15/2022)

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  • 12/05/2022
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  • Docket(#46) PROTECTIVE ORDER - ECF No. #45 . Signed by Judge Mary K. Dimke. (REM, Case Administrator) (Entered: 12/05/2022)

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  • 12/02/2022
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  • Docket(#45) Stipulated MOTION for Protective Order by Chief Orchards Administrative Services, Inc.. Motion Hearing set for 1/3/2023 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Text of Proposed Order)(Hinckley, Tyler) (Entered: 12/02/2022)

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  • 11/30/2022
  • Docket(#44) ORDER staying all case management deadlines. The Court has been advised that the parties have reached an agreement on settlement terms and request an extension of all case related deadlines to complete the settlement documents. The parties shall file dismissal paperwork or a joint status report by January 6, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the order or notice on the matter by the Court. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy) (Entered: 11/30/2022)

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  • 11/25/2022
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  • Docket(#43) DECLARATION by Tyler Hinckley in Opposition re #38 MOTION to Exclude Opinions and Testimony of Defendant's Expert Arthur Hively filed by Chief Orchards Administrative Services, Inc.. (Attachments: #1 Exhibit Ex., 1, pp. 1-7, #2 Exhibit Ex. 2, pp. 1-3)(Hinckley, Tyler) (Entered: 11/25/2022)

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  • 11/25/2022
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  • Docket(#42) DECLARATION by Arthur Hively in Opposition re #38 MOTION to Exclude Opinions and Testimony of Defendant's Expert Arthur Hively filed by Chief Orchards Administrative Services, Inc.. (Attachments: #1 Exhibit Ex. 1, pp. 1-2, #2 Exhibit Ex. 2, pp. 1-2, #3 Exhibit Ex. 3, pp. 1-2)(Hinckley, Tyler) (Entered: 11/25/2022)

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  • 11/25/2022
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  • Docket(#41) MEMORANDUM in Opposition re #38 MOTION to Exclude Opinions and Testimony of Defendant's Expert Arthur Hively filed by All Defendants. (Hinckley, Tyler) (Entered: 11/25/2022)

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  • 11/18/2022
  • Docket(#40) NOTICE of Hearing - Text entry; no PDF document By Court at the request of the Plaintiff: Status Conference regarding Settlement Conference set for 11/21/2022 at 03:00 PM via Video Conference before Senior Judge Rosanna Malouf Peterson. Counsel for the parties will receive an email from Court Staff containing the Zoom link for the hearing.(PL, Courtroom Deputy) (Entered: 11/18/2022)

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30 More Docket Entries
  • 10/06/2021
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  • Docket(#8) MEMORANDUM in Opposition re #3 MOTION to Intervene filed by Chief Orchards Administrative Services, Inc.. (Hinckley, Tyler) (Entered: 10/06/2021)

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  • 10/06/2021
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  • Docket(#7) RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Chief Orchards Administrative Services, Inc.. (Hinckley, Tyler) (Entered: 10/06/2021)

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  • 10/06/2021
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  • Docket(#6) NOTICE of Appearance by Tyler Michael Hinckley on behalf of Chief Orchards Administrative Services, Inc. (Attorney Tyler Michael Hinckley added to party Chief Orchards Administrative Services, Inc.(pty:dft))(Hinckley, Tyler) (Entered: 10/06/2021)

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  • 09/29/2021
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  • DocketSet/Reset Motion Hearing as to ECF No. #3 , MOTION to Intervene. Motion Hearing reset for 10/8/2021, without oral argument before Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket(#5) TEXT ORDER (no PDF will issue) GRANTING ECF No. #4 , Motion to Expedite hearing of Motion to Intervene at ECF No. #3 . Defendant's response, if any, shall be filed by October 6, 2021; Intervenor's reply shall be filed by October 7, 2021; and the Motion to Intervene shall be heard on October 8, 2021, without oral argument. This text-only entry constitutes the Courts ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 09/29/2021)

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  • 09/28/2021
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  • Docket(#4) MOTION to Expedite by Equal Employment Opportunity Commission. Motion Hearing set for 10/5/2021 at 10:00 AM via Teleconference before Judge Rosanna Malouf Peterson. (Attachments: #1 Supplement Memorandum, #2 Text of Proposed Order)(Valencia, Erika) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#3) MOTION to Intervene by All Plaintiffs. Motion Hearing set for 10/28/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Valencia, Erika) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#2) Summons Issued as to Chief Orchards Administrative Services, Inc. (MRJ, Case Administrator) (Entered: 09/28/2021)

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  • 09/28/2021
  • DocketNotice of Judge Assignment. Judge Rosanna Malouf Peterson assigned to case. (MRJ, Case Administrator) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#1) COMPLAINT against Chief Orchards Administrative Services, Inc. Fee Waived Jury Demand. Filed by Equal Employment Opportunity Commission. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Steele, Roberta) (Entered: 09/28/2021)

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