Equal Employment Opportunity Commission v. Stemilt Growers, LLC et al

Filing 24

ORDER APPROVING CONSENT DECREE AND DISMISSING CASE. Pursuant to the parties' stipulation and Fed. R. Civ. P. 41(a)(1)(ii) this matter is dismissed with prejudice, subject to reopening for enforcement of the Consent Decree. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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EQUAL EMPLOYMENT
OPPORTUNITY COMMISION,

NO. 2:17-CV-0210-TOR

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Plaintiff,
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HEIDI CORONA ARIZAGA,

ORDER APPROVING PROPOSED
CONSENT DECREE; GRANTING
STIPULATION OF DISMISSAL

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Plaintiff-Intervenor,
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v.
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STEMILT GROWERS, LLC, and
STEMILT AG SERVICES, LLC,
Defendants.

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BEFORE THE COURT are the parties’ Stipulated Motion to Dismiss and

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Consent Decree (ECF No. 22) and Plaintiff-Intervenor Heidi Corona Arizaga’s

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Stipulation of Dismissal (ECF No. 23). These matters were submitted for

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consideration without oral argument. The Court has reviewed the record and files

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herein, and is fully informed.

ORDER APPROVING PROPOSED CONSENT DECREE;
GRANTING STIPULATION OF DISMISSAL ~ 1

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The parties submitted a Stipulated Motion to Dismiss and Proposed Consent

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Decree on March 5, 2018, and a Stipulation of Dismissal indicating the consent of

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Plaintiff-Intervenor Heidi Corona Arizaga, on March 6, 2016, outlining the

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responsibilities and rights of the parties going forward, ECF No. 22 at ¶¶ 9-29, and

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requesting the Court dismiss the action with prejudice, ECF No. 23 at 1-2.

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Generally, the parties propose a settlement whereby Defendant must (1) pay a

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certain sum to Plaintiff-Intervenor Heidi Corona Arizaga and the Northwest Justice

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Project and (2) implement policies and procedures to help prevent – and provide a

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complaint procedure for those who suffer – harassment, discrimination, and

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retaliation.
Pursuant to the parties’ stipulation, the Court APPROVES – and hereby

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incorporates the terms of – the Proposed Consent Decree (ECF No. 22) and

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GRANTS the parties’ Stipulation of Dismissal (ECF No. 23).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. The Parties Proposed Consent Decree (ECF No. 22) is APPROVED and

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ACCEPTED by the Court.
2. Pursuant to Fed. R. Civ. P. 41(a)(1)(ii), the parties’ Stipulation of

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Dismissal (ECF No. 23) is GRANTED. This matter is dismissed with

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prejudice.

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ORDER APPROVING PROPOSED CONSENT DECREE;
GRANTING STIPULATION OF DISMISSAL ~ 2

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3. This Court retains jurisdiction to enforce the Consent Decree. See

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Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381–82

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(1994).

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The District Court Executive is directed to enter this Order, provide copies

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to the parties, and close the file (subject to reopening for enforcement of the

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Consent Decree).

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DATED April 3, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER APPROVING PROPOSED CONSENT DECREE;
GRANTING STIPULATION OF DISMISSAL ~ 3