--~

IN THE UNITED STATES DISTRICT COUR~8 SEP 29 PH 4: 29 ",.,J

/ .,.-41 /, FOR THE DISTRICT OF NEW MEXICO

/./~/
. V

,i

"

I.

j',l. /~ /'" "~' - '<~''.~/..'..

:

:'! FP \'
v!... ... 1\"

-~: ~!ir,'I',irt-RqUlr

J-I-,\_,~ _',

,\U, L

"

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

AMERICAN SEAFOOD PARTNERS, LTD, and)

RESTAURANT MANAGEMENT COMPANY )

of WICHITA, INC., d/b/a

)

LONG JOHN SILVERS,

)

)

Defendants.

)

)

CI~IV 9 8 1 18 7 LH
COMPLAINT JURy TRIAL DEMANDED
V/IlllAM w. DEATOfJ

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 bases of sex and retaliation,

and to make whole Annette Soriano and Stacy A. Collins and a class of female employees sexuall y

harassed while employed by defendants American Seafood Partners, Ltd. and Restaurant

Management Company of Wichita, Inc., d/b/a Long John Silvers. In addition, defendants

retiliated against Stacy Collins for her opposition to the sexual harassment and/or for participation

in proceedings protected by Title VII. The sexual harassment and retaliation of Stacy Collins

resulted in her discharge.

-

-

JURISDICTION AND VENUE 1. 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 Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.c. §2000e, et seq ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a. 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 New Mexico.
PARTIES 3. The Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an 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(t)(l) and (3) of Title VII, 42 U.S.C. §2000e-5(t)(l) and (3). 4. At all relevant times to this action, the defendants American Seafood Partners, Ltd. and Restaurant Management Company of Wichita, Inc., d/b/a Long John Silvers (collectively the "defendants" or "Employer") were Kansas Corporations which continuously did and are now doing business in the State of New Mexico and the metropolitan Albuquerque area as Long John Silvers, and have continuously had at least fifteen employees. 5. At all relevant times, the defendants have continuously been and are now employers engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.c. §2000e-(b), (g) and (h).

2

-~
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Annette Soriano and Stacy A. Collins each filed a charge with the Commission alleging violations of Title VII by Long John Silvers. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 1996, defendants have engaged in unlawful employment practices at its Albuquerque metropolitan area facilities in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. §§2000e-2(a) and 3(a). These practices include the sexual harassment of a class of female employees, including Ms. Soriano and Ms. Collins. In addition, defendants retaliated against Ms. Collins because she opposed the sexual harassment and/or participated in proceedings protected under Title VII. Ms. Collins' opposition to the sexual harassment was protected activity under Title VII. As a result of the sexual harassment and retaliation, Ms. Collins was discharged. 8. The effect of the practices complained of above has been to deprive a class of employees, including but not limited to Ms. Soriano and Ms. Collins, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and with respect to Ms. Collins in retaliation for opposition to practices made unlawful and/or participation in proceedings protected by Title VII. 9. The unlawful employment practices complained of in paragraphs 7-8 were intentional. 10. The unlawful employment practices complained of in paragraphs 7-8 were done with malice and/or reckless indifference to the federally protected rights of the charging parties and the (:lass of female employees.
3

PRAYER FOR RELIEF VV'herefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendants American Seafood Partners, Ltd. and Restaurant Management Company of Wichita, Inc., d/b/a Long John Silvers, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of sex, including sexual harassment and/or is in retaliation for any employee engaging in protected activity. B. Order defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals who are female or who engage in protected activity, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring defendants to pay appropriate back wages in an amount to be proved at trial, and prejudgment interest, to a class of female employees, including Ms. Soriano and Ms. Collins, who were adversely affected by the unlawful practices described above. D. Order defendants to make whole a class of female employees, including Ms. Soriano and Ms. Collins, who were adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to rightful place hiring and/or front pay, and providing compensation 'for past and future pecuniary losses, including any costs incurred for obtaining medical treatment or couns.eling, in amounts to be proved at trial. E. Order defendants to make whole a class of female employees, including Ms. Soriano and Ms. Collins who were adversely affected by the unlawful employment practices
4

-.
described above, by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life, and humiliation in amounts to be determined at trial.
F. Order defendants to pay a class of female employees, including Ms. Soriano and Ms. Collins, who were adversely affected by the unlawful employment practices described above, punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial.
II. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs in this action. JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by its Complaint.
DATEDthi~ayof~~, 1998.
Respectfully submitted, C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D. C. 20507
tndk~~ RICHARD R. TRUJILLO Regional Attorney
5

· ""'.

bo ~~~A~ /~-"

MARYJO O'NEILL

I~ .

Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix Distraict Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012

~~ LORETTA MEDINA Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5030
Attorneys for Plaintiff

6

 
 District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?843986005122944-L_3...

MTNDDL, TERMED, TRANSF
U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:98-cv-01187-MV-WD

EEOC v. American Seafood, et al Assigned to: Chief Judge Martha Vazquez Referred to: William Deaton Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/1998 Date Terminated: 07/08/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Gregory Stewart EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: (505) 248-5217 Email: loretta.medina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690

1 of 5

7/2/2007 11:53 AM

District Version v3.0.5 LIVE DB - Docket Report
V. Defendant American Seafood Partners, LTD
2 of 5

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?843986005122944-L_3...
Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard R. Trujillo EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerald L Maatman, Jr Baker & McKenzie 130 East Randolph Drive One Prudential Plaza #3000 Chicago, IL 60601 (312) 861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L Karasik Baker & McKenzie 130 East Randolph Drive One Prudential Plaza #3000 Chicago, IL 60601 (312) 861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
7/2/2007 11:53 AM

District Version v3.0.5 LIVE DB - Docket Report
Defendant Restaurant Management Company of Wichita, Inc. doing business as Long John Silvers Inc
3 of 5

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?843986005122944-L_3...
Patricia O'Brien Baker & McKenzie 130 East Randolph Drive One Prudential Plaza #3000 Chicago, IL 60601 (312) 861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert P. Tinnin, Jr. Tinnin Law Firm, P.C. 500 Marquette, NW #1300 Albuquerque, NM 87102 (505) 768-1500 Fax: 768-1529 Email: rtinnin@tinninlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ryan M Randall Tinnin Law Firm, P.C. 500 Marquette, NW #1300 Albuquerque, NM 87102 Email: rrandall@tinninlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerald L Maatman, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L Karasik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia O'Brien (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert P. Tinnin, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
7/2/2007 11:53 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?843986005122944-L_3...

Date Filed 09/29/1998 11/13/1998 12/17/1998 12/21/1998
01/22/1999 01/27/1999
03/03/1999 03/16/1999 03/17/1999 03/17/1999 03/17/1999 03/29/1999
04/08/1999

Ryan M Randall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT w/jury trial demanded ( 1 Summons(es) issued) (referred to Chief Magistrate William Deaton ) (bap) (Entered: 09/30/1998)
2 WAIVER OF SERVICE upon defts American Seafood and Restaurant Mgmt on 11/10/98 (rd) (Entered: 11/23/1998)
3 MOTION by defendants to extend time to answer until 1/22/99 (dmw) (Entered: 12/18/1998)
4 ORDER by Chief Magistrate William Deaton granting defts' motion to extend time to answer complaint until 1/22/99 [3-1] (cc: all counsel) (dmw) (Entered: 12/21/1998)
5 ANSWER by defendants [1-1] (jrm) (Entered: 01/22/1999)
6 INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set on 3/17/99 at 9:30 am; provisional discovery plan & IPTR due 3/8/99 (cc: all counsel, electronically) (dmw) (Entered: 01/28/1999)
7 PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 03/04/1999)
8 CERTIFICATE of service by plaintiff of initial disclosures to counsel on 3/15/99 (vv) (Entered: 03/17/1999)
11 CLERK'S MINUTES: before Chief Magistrate William Deaton Rule 16 scheduling conference held 3/17/99 (dmw) (Entered: 03/17/1999)
9 ORDER by Chief Magistrate William Deaton Discovery cutoff 7/30/99 (cc: all counsel, electronically) (dmw) (Entered: 03/17/1999)
10 ORDER by Chief Magistrate William Deaton setting settlement conference on 7/8/99 at 2:00 pm (cc: all counsel, electronically) (dmw) (Entered: 03/17/1999)
12 MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Judge C LeRoy Hansen to Circuit Judge Paul Kelly Jr (CLERK: dmw) (cc: all counsel) (dmw) (Entered: 03/29/1999)
13 INITIAL PRE-TRIAL REPORT Judge Martha Vazquez and Chief Magistrate William Deaton; Discovery set for 7/30/99; mtn filing ddl set for 9/27/99; proposed pretrial order due 10/14/99; pretrial conference set for 10:00 am on 1/20/2000 ; jury trial set for 9:00 am on 2/14/2000 both in Santa Fe NM; Estimated # of Trial Days: 5-7; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 04/08/1999)

4 of 5

7/2/2007 11:53 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?843986005122944-L_3...

04/08/1999 04/23/1999 05/20/1999 06/15/1999 06/18/1999 07/08/1999

14 CERTIFICATE of service by plaintiff of first request for production and first set of interrogatories to counsel on 4/7/99 (vv) (Entered: 04/09/1999)
15 ORDER by Chief Magistrate William Deaton extending dates for expert disclosure; pltf to 6/16/99; deft to 7/14/99; expert discovery 8/16/99 (cc: all counsel, electronically) (former employee) (Entered: 04/23/1999)
16 ORDER by Chief Magistrate William Deaton staying discovery until 6/21/99 & scheduling telephone conference call on 6/21/99 at 8:30 am (cc: all counsel, electronically) (dmw) (Entered: 05/21/1999)
17 MINUTE ORDER: Case reassigned from Judge Paul J Kelly to Judge Martha Vazquez (cc: all counsel, electronically) (dmw) (Entered: 06/15/1999)
18 ORDER by Chief Magistrate William Deaton vacating settlement conference Status hearing set on 7/19/99 at 9:00 am (cc: all counsel, electronically) (dmw) (Entered: 06/18/1999)
19 ORDER by Judge Martha Vazquez dismissing case by the CONSENT DECREE entered into by the parties (cc: all counsel) (mjr) (Entered: 07/08/1999)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

07/02/2007 10:52:48

hs0328 Client Code: eeoc

Docket Report

Search Criteria:

6:98-cv-01187-MV-WD

3

Cost:

0.24

5 of 5

7/2/2007 11:53 AM