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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1:21-CV-03125
09/28/2021
Pending - Other Pending
Civil Right - Employment Discrimination
Mary K. Dimke
Equal Employment Opportunity Commission
Kristian Gonzalez
Chief Orchards Administrative Services, Inc.
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
Tyler Michael Hinckley
Attorney at Montoya Hinckley PLLC
4301 Tieton Drive
Yakima, WA 98908
(#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) STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Blackman, Amos) (Entered: 01/06/2023)
Affidavit Certificate of Service
Text of Proposed Order Proposed Order Approving Consent Decree
Exhibit Ex. C (Notice to Employees)
Exhibit Ex. B (B. Edwards Guaranty)
Exhibit Ex. A (E. Edwards Guaranty)
Main Document
Main Document
Text of Proposed Order
Main Document
Text of Proposed Order
Exhibit
Main Document
Summons
Civil Cover Sheet
Main Document
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)
[-] Read LessDocket(#48) STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Blackman, Amos) (Entered: 01/06/2023)
[-] Read LessDocket(#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)
[-] Read LessDocket(#46) PROTECTIVE ORDER - ECF No. #45 . Signed by Judge Mary K. Dimke. (REM, Case Administrator) (Entered: 12/05/2022)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#8) MEMORANDUM in Opposition re #3 MOTION to Intervene filed by Chief Orchards Administrative Services, Inc.. (Hinckley, Tyler) (Entered: 10/06/2021)
[-] Read LessDocket(#7) RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Chief Orchards Administrative Services, Inc.. (Hinckley, Tyler) (Entered: 10/06/2021)
[-] Read LessDocket(#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)
[-] Read LessDocketSet/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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#2) Summons Issued as to Chief Orchards Administrative Services, Inc. (MRJ, Case Administrator) (Entered: 09/28/2021)
[-] Read LessDocketNotice of Judge Assignment. Judge Rosanna Malouf Peterson assigned to case. (MRJ, Case Administrator) (Entered: 09/28/2021)
[-] Read LessDocket(#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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