EEOC v. Blockbuster Inc.

Filing 131

CONSENT JUDGMENT is awarded directly to the EEOC claimants in this action in the total amount of $2,328,667.85 shich shall be allocated to the indifidual claimants ; this Judgment shall not be construed to alter any creditor claim priorities in the Bankruptcy Case; Each party shall bear its own costs and attorneys' fees. Signed by Judge Roger W Titus on 12/13/2011. (0.11%) (ranks, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Plaintiff,

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Case No. RWf-07-CV-2612

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BLOCKBUSTER INC.,

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Defendant.

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CONSENT JUDGMENT
Plaintiff, the U.S. Equal Employment Opportunity Commission (the "Commission"
or "EEOC"), commenced this action on September 26, 2007, in the United States District
Court for the District of Maryland (Southern Division) against Defendant Blockbuster Inc.
(n/k/a

BB Liquidating

Inc.) ("Defendant") alleging sex, race, national origin and

retaliatory harassment and discrimination in violation of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. g 2000e, et seq. ("Title VII").
On September 23, 2010, Defendant filed a petition for relief under Title 11 of the
United States Code ("the Bankruptcy Code") in the United States Bankruptcy Court for the
Southern District of New York ("the Bankruptcy Court") (Case No. 10-14997, Lifland, J.).
This Court has been informed by both parties that Defendant's assets were sold with
approval of the Bankruptcy Court and that Defendant no longer conducts any of its former
business operations in the United States (other than limited activities associated with
winding down its estate and making distributions to creditors), and it will not resume such
business operations.

By stipulation filed with this Court, Defendant consents to entry of this Judgment
as a means of fully resolving this action.
The parties have acknowledged the jurisdiction of the United States District Court
for the District of Maryland (Southern Division) over the subject matter and over the
parties to this case for the purpose of entering this Consent Judgment and, if necessary,
enforcing the Judgment.

However, the parties have further acknowledged that collection

of any monetary amounts awarded by this Judgment shall be made in a mann~r consistent
with the Bankruptcy Code.
The Court, having examined the terms and provisions of the Consent Judgment,
finds that it is reasonable and just in accordance with the Federal Rules of Civil Procedure
and Title VII. The entry of this Consent Judgment will further the objectives of Title VII
and will be in the best interests of the parties and those for whom the EEOC seeks relief.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1.

Defendant shall pay monetary awards directly to the EEOC Claimants in this action

in the total amount of $2,328,667.85, which shall be allocated to the individual claimants
in the manner set forth below:
a.

Dolores Gonzalez: $300,000

non-pecumary

compensatory

and punitive

damages, plus an additional $107,970.00 back pay with interest.
b.

Lolita Gonzalez: $300,000

non-pecuniary

compensatory

and punitive

damages, plus an additional $76,567.78 back pay with interest.
c.

LaQuanta Brinson: $300,000

non-pecuniary compensatory and punitive

damages, plus an additional $21,409.59 back pay with interest.
d.

Michelle Despertt: $300,000

non-pecuniary

compensatory

damages, plus an additional $6176-44 back pay with interest.

2

and punitive

e.

Nie'ma

Fields:

$300,000

non-pecumary

compensatory

and

punitive

damages, plus an additional $16,544.04 back pay with interest.
f.

Elizabeth Ledesma: $300,000 for non-pecuniary compensatory and punitive
damages.

g.
2.

Lita Zubiate: $300,000 non-pecuniary compensatory and punitive damages.

While the aforementioned monetary awards are due and payable immediately upon

entry of this Judgment

by the Court, during the pendency of the aforementioned

bankruptcy case the timing of payment and the collection of the monetary awards shall be
governed by the Bankruptcy Code. This Judgment shall not be construed to alter any
creditor claim priorities in the aforementioned bankruptcy case.
3.

After the conclusion of any calendar year in which any payment is made to any of

the aforementioned Claimants, Defendant shall promptly issue to all such persons an IRS
Form W-2 for the monetary relief amount constituting back pay and an IRS Form 1099Misc for the monetary relief amount constituting compensatory and punitive damages.
4.

Each party shall bear its own court costs and attorneys' fees.

SIGNED AND ENTERED THIS

/311'DAYOF

3

(j)~c~r'1k~r

,2011.