Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 1 of 6

Mary Jo ONeill Az #005924 C Emanuel Smith Ms #7424 Sally C Shanley Az # 012251 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 North Central Avenue. SUite 690 Phoenix, Arizona 85012 Telephone (602) 640·5032
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity Commission.
Plaintiff, vs.
Dee's, Inc, d/b/a Dee's Family Restaurants
Defendant

COMPLAINT AND JURY TRIAL DEMAND
Judge F'l,L ,;. _·jSSP~.l DECK TYPE "i.. v 1.
D~.TE ~:A.MP TJ,'::l 2005 @ l5.49:10
CASE NUMBER 2 ")';(V00282 PGC

NATURE OF AOION 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. female. and retaliation and to provide appropriate relief to Diann Dutweiler, Breeanna Bonnell, Karanette Gallegos, and a class of females who were adversely affected by such practices. Ms. Dutweiler, Ms. Bonnell. Ms. Gallegos and other female employees were discriminated against by Dees. Inc. when they were sexually harassed and subjected to a sexually hostile work enVIronment. In addition, Ms. Bonnell was retaliated against because she opposed the harassment and was terminated

Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 2 of 6
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 USC, §§ 451, 1331. 1337,
1343 and 1345. This action is authOrized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 US C §§ 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U SC §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 Utah, Central DIVision
PARTIES 3. Plaintiff. the Equal Employment Opportunity Commission (the "Commission"), IS the 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 Sections 706(f)(1) and (3) and 707 ofTitle VII. 42 USC §§ 2000e-5(f)(1) and (3) and 2000e-6. 4 At all relevant times, defendant Dees, Inc.. d/b/a Dee s Family Restaurant ("Defendant" or 'Dee's") has continuously been a Utah corporation dOing business In the State of Utah and the city of Midvale and has continuously had at least 15 employees, 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 USC §§ 2000e(b) (g) and (h).

Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 3 of 6
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuIt, Diann Dutweiler. Breeanna Bonnell and Karanette Gallegos filed charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 2001, Defendant has engaged In unlawful employment practices at its Midvale, Utah facility in violation of Section 703(a) of Title VII, 42 USC § 2000e-2(a), subjecting Ms. Dutweller, Ms. Bonnell, Ms. Gallegos and a class offemale employees to sexual harassment and a hostile work environment due to sexual harassment. The sexual harassment Includes, but IS not limited to, a co-worker
a. Hugging female employees b. Putting his arms around female employees waists c. Rubbing up against female employees from behind while having an
erection: and d Groping female employees in a sexual manner 8, Since at least August 2003. Defendant has engaged In unlawful retaliatory
practices in violation of Seclion 704(a) ofTitle VII, 42 USC § 2000e-3(a) by
terminating Ms, Bonnell because she complained of sexual harassment. 9. Although employees complained to management and Dee's had knowledge of the harassment described above, It failed to exercise reasonable care to prevent and/or correct promptly any discrimination on the basIs of sex. 10 The effect of the practices complained of In paragraphs 7-9 above has been to deprive Ms. Dutweiler, Ms. Bonnell, Ms Gallegos and a class of females of equal

Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 4 of 6
employment opportunities and otherwise adversely affect their status as employees because of their sex and In retaliation against Ms. Bonnell for opposing practices made unlawful by Title VII. 11. The unlawful employment practices complained of in paragraphs 7-9 above were and are Intentional. 12. The unlawful employment practices complained of In paragraphs 7-9 were done with malice or with reckless indifference to the federally protected rights of Ms Dutweiler, Ms Bonnell, Ms. Gallegos and a class of females
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court A Grant a permanent Injunction enjoining Defendant their officers, successors, assigns, and all persons in active concert or partiCipation with them from engaging in sexual harassment, retaliation and any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and those who oppose unlawful employment discrimination, and which eradicate the effects of ItS past and present unlawful employment practices. C Order Defendant to make whole Ms. Bonnell by providing appropriate backpay with prejudgment interest, In amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of ItS unlawful employment practices including but not limited to, their rightful place reinstatement D. Order Defendant to make whole Ms. Dutweller, Ms. Bonnell. Ms. Gallegos and a class of females by providing compensation for past and future non-
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Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 5 of 6

pecuniary losses resulting from the unlawful practices complained of in paragraphs 7-9 above. Including emotional pain, suffering. inCOnVenience, loss of enjoyment of life and humiliation, In amounts to be determined at trial.
E. Order Defendant to pay Ms. Dutweiler. Ms. Bonnell, Ms. Gallegos and a class of females punitive damages for Its malicious and/or reckless conduct. described in paragraphs 7-9 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper In the public Interest.
H. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a Jury trial on all questions of fact raised by ItS complaint.

RESPECTFULLY SUBMITTED this _ _ day of March, 2005.

Paul M. Warner United States Attorney
Carlie Christensen Chief, Civil DiVision

Eric S Drelband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street. N.W Washington D.C. 20507

UNITED STATES ATTORNEY 185 S. State #400 Salt Lake City, Utah 84111 (801) 325-3243

Mary Jo O'Neill Regional Attorney

-)-

Case 2:05-cv-00282-PGC Document 1 Filed 03/31/2005 Page 6 of 6

Associated Local Counsel for Plaintiff

C Emanuel Smith
Supervisory Trial Attorney
Sally C Shanley Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N Central Ave, SUite 690 Phoenix, Arizona 85012 (602) 640-5032
Attorneys for Plaintiff

 
 Mary Jo O'Neill Az #005924 C. Emanuel Smith Ms #7424 Sally C. Shanley Az # 012251 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION, Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5032

FILED IN UNITED ST COURT, D/ST-RICATTOES DISTRICT FUTAH
AUG 222005

Attorneys for Plaintiff

MARKUS B Z

BY_

. IMMER, CLERK

DEPUTYCLEm<----

AilS 1 .~ 2D05

IN THE UNITED STATES DISTRICT COUR I

O~::T\CE OF

JU8C:. F'I~L;L G. CASSE

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

)

Equal Employment Opportunity

)

Commission,

)

Plaintiff, vs.
Dee's, Inc., d/b/a Dee's Family Restaurants
Defendant.

\ 2:05CV00282 PGC
) ) CONSENT DECREE ) ) ) )
)

-----------------------)

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against Dee's Inc., ("Dee's" or "Defendant") to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §1981a. In the Complaint, the Commission alleged that Ms. Dutweiler, Ms. Bonnell, Ms.

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Gallegos and other female employees were discriminated against by Dee's, Inc. when they were sexually harassed and subjected to a sexually hostile work environment. In addition, the Commission alleges that Ms. Bonnell was retaliated against because she opposed the harassment and was terminated. In the Complaint, the Plaintiff Intervenors alleged similar claims.
The Parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law.
It is hereby ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims of the Commission and Plaintiff Intervenors against Defendant, including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit.
INJUNCTION 2. Dee's, and its officers, directors, successors, assigns and all persons in active concert or participation with it, both at the time that this Decree becomes effective and for the duration of this Decree, with respect to any business operations in the state of Utah as defined in paragraph 2 above, are permanently enjoined for the duration of the Decree from: (a) sexually harassing any employee; (b) harassing any employee because of his or her sex; and (c)
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retaliating against any employee because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or assists, assisted, participates, or participated in the filing of a charge of discrimination; or (iii) assists, assisted, participates, or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation.
MONETARY RELIEF 3. Judgment is entered in favor of the Commission and Plaintiff Intervenors and against Defendant in the total amount of $60,000.00. 4. The names of the class members and their respective monetary awards are set forth in Exhibit A, attached hereto and incorporated herein by reference. 5. The settlement amounts shall be paid within fifteen (15) days of Entry of this Decree. 6. Defendant, or its agent, shall pay the settlement amount separately to each class member and John Black, Esq. by check. The checks, cashier's checks, or money orders shall be made payable to each class member and mailed by Defendant or its agent to John Black, Esq. Within three business days of the issuance of the checks, Defendant, or its agent, shall submit a copy of each check and related correspondence to the Regional Attorney, United States
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Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012.
7. Defendant or its agent will issue United States Internal RevenuE~ Service Form 1099 to each person identified in Exhibit A for each tax year during which payments are made.
OTHER RELIEF 8. Defendant shall expunge from the personnel files of such class member: (a) all references to the charge of discrimination filed against Defendant that formed the basis of this action; (b) all references to the participation of any class member in this action; (c) any derogatory document which relates to complaints or investigation of complaints of sexual harassment; and (d) any documents reflecting the termination or constructive discharge of any class member. 9. Defendant shall institute and carry out policies and practices that help assure a work environment free from sexual harassment of its employees and that allow employees to raise concerns or complaints without retaliation about matters, whether alleged, perceived or actual, made unlawful by Title VII. To assist Defendant in its efforts to assure a work environment free of sexual harassment and retaliation, Defendant shall take the actions provided in paragraphs eleven through twenty of this Decree.
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DEFENDANT'S CORRECTIVE POLICIES AND PRACTICES 10. Defendant shall post for the duration of this Decree, in a prominent place frequented by its employees at its facilities, the Notice attached as Exhibit B. The Notice shall be posted in both English and Spanish if the company engages Spanish speaking employees who are not fluent in English. The Notice shall be the same type, style and size as set forth in Exhibit B. 11. Defendant shall provide training on gender and sexual harassment and retaliation, according to the following terms:
A. Defendant shall retain a qualified individual to provide annual training seminars and will include written materials and question and answer sessions, but in no event shall be less than two hours in length. Said trainings shall begin no less than than three months after the entry of this Decree. The subsequent training shall be offered in no less than eight (8) months.
B. All Defendant employees, supervisors, manager, owners, and officers shall be required to attend and register when they attend a seminartraining session. The registry of attendance shall be retained by Defendant for the duration of this Decree.
C. The seminars shall include (1) the subject of what constitutes gender and sexual harassment and retaliation; (2) that Title VII is violated by gender and sexual harassment and retaliation in hiring, firing, compensation.
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assignment, or provision of other terms, conditions or privileges of employment; (3) how to prevent gender and sexual harassment and retaliation; (4) how to provide a work environment free from gender and sexual harassment and retaliation; and (5) to whom and by what means employees may complain if they feel they have been subjected to gender or sexual harassment or retaliation in the workplace.
D. The training sessions shall be attended by Defendant's Executive Officers and at such sessions the CEO shall communicate in verbal or written form the importance of maintaining an environment free of sexual harassment and retaliation, the Defendant's policy in regard to sexual harassment and retaliation the severe consequences faced by supervisors, managers and employees of Defendant who (1) commit acts of gender or sE!xual harassment or retaliation; (2) allow sexual or gender harassment or retaliation to occur in the workplace; or (3) fail to investigate and take seriously complaints of sexual harassment; and that violation of such policy will result in discipline up to and including termination. It will further be explained that managers and supervisors will be evaluated, in part, on their enforcement of sexual harassment policies and laws and sexual harassment complaints.
12. Entities subject to the provisions of this Decree shall notify the EEOC Regional Attorney of the Phoenix District Office of the date and time of training(s)
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required in Paragraph 11. The Commission. with Defendant's approval and reasonable notice, may designate Commission representatives to attend and participate in the seminar-training sessions, and the representatives shall have the right to attend and fully participate in the sessions.
13. Within thirty (30) days of the entry of this Decree, Defendant shall review and revise, if necessary, its written policy concerning gender and sexual harassment and retaliation to conform with the law. Within thirty (30) days of such review and/or revision, the policy shall be submitted to the Regional Attorney of the Phoenix District Office of the EEOC at the address provided in paragraph seven above. This written policy must include at a minimum:
A. A strong and clear commitment to a workplace free of gender and sexual harassment;
B. A clear and complete definition of gender and sexual harassment, with many relevant examples;
C. A clear and strong encouragement of persons who believe they have been harassed to come forward;
D. A description of the consequences, up to and including termination, that will be imposed upon violators of the policy;
E. A promise of maximum feasible confidentiality for persons who believe that they have been harassed;
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F. An assurance of non-retaliation for persons who believe they have been sexually harassed, and for witnesses;
G. That harassment by all persons, including management officials, supervisors, vendors, suppliers, third parties, and customers, is prohibited and will not be tolerated;
H. The identification of specific individuals, internal and external to Defendant, with their telephone numbers, to whom employees who have been harassed can report the harassment, including a written statement that the employee may report the harassment to designated persons outside of their chain of management to the extent that it is feasible in view of the size of the company;
I. Assurances that Defendant will investigate harassment allegations promptly, fairly, reasonably and effectively, using appropriate investigators, and that appropriate corrective action will be taken by Defendant to eradicate the sexual harassment;
J. These policies shall be transmitted to Defendant employees within thirty days after the resumption of business operations by any entity to which this Decree applies. Subsequently, these policies shall be distributed to all new employees of Defendant when hired and reissued to each employee once a year for the term of this Decree. These policies also shall be posted in both
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English and Spanish, if the Company employs Spanish speaking employees who are not fluent in English, in a prominent place frequented by the employees.
14. Defendant shall institute a procedure to evaluate supervisors, managers, and applicable human resources personnel on their performance in responding to complaints of gender or sexual harassment by Defendant's employees. The failure of such an employee to enforce the sexual harassment policy shall result in disciplinary action.
15. Defendant shall promptly and appropriately investigate all complaints of gender and sexual harassment by its employees. The investigation must include a finding of whether gender or sexual harassment occurred, a credibility assessment, if necessary; interviews of all potential victims and witnesses identified; and concurrent notes of the investigation.
16. Defendant shall take immediate appropriate corrective action including but not limited to disciplining any harasser, and eradicating the gender or sexual harassment.
17. Defendant shall not retain documents related to the investigation of sexual harassment complaints in any of the complainant's personnel files. All disciplinary actions taken against employees for violation of Defendant's sexual harassment policy shall be retained in the harasser's personnel file. In those cases in which no conclusion could be reached on the allegations, the
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investigation documents shall be retained either in the alleged harasser's file, or

in an investigation file.

18. Within sixty (60) days of the training referenced in Paragraph 11,

Defendant shall inform its vendors and suppliers who have significant personal

contact with its employees of its harassment policy and that failure to conform to

the policy may result in prohibitions from conducting business with Defendant on

its premises or at its work sites.

REPORTING BY DEFENDANT AND ACCESS BY EEOC

19. Beginning six months after the entry of this Decree, and at the end of

the year, for the duration of the Decree the following information, upon request,

shall be provided to the Commission:

A. A copy of the revised policy required in paragraph fifteen of

this Decree, in both English and Spanish, if the Company employs Spanish

speaking employees who are not fluent in English.

B. Any changes, modifications, revocations, or revisions to its

policies and procedures which concern or affect the subject of sexual harassment

or retaliation.

C. The name, address, position, and telephone number of any

individual who has brought allegations of sexual harassment and/or retaliation

against Defendant personnel, including, but not limited to, management officials,

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vendors, agents, employees and/or customers, whether the allegations are communicated through local or national complaint-reporting mechanisms, whether telephonic, recorded, verbal, oral, formal or informal, during the six months, and thereafter every year, preceding the report to the EEOC. The nature of the complaint, investigatory efforts made by Defendant, and corrective action taken, if any, also shall be specified.
D. The registry of persons attending the training seminars required in paragraph thirteen of this Decree and the date(s) thereof, and a list of current personnel employed by Defendant on the days of the seminar-training sessions.
E. Confirmation that (i) the Notice required in paragraph eleven of this Decree was posted in both English and Spanish, if the Company employs Spanish speaking employees who are not fluent in English and the locations where it was posted, (ii) the policies required in paragraph sixteen were distributed to each current and new employee of Defendant, in both English and Spanish if required by this agreement, and posted, and (iii) the expungement from the class members' personnel files required in paragraph ten of this Decree took place if applicable, the date of the expungement, and the specific documents expunged if applicable.

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COSTS AND DURATION 20. Each Party shall bear its costs and attorney's fees incurred as a result of this action. 21. The duration of this Decree shall be one year from its entry. This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that defendant has not complied with this Decree, appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance, may be ordered. Absent extension, this Decree shall expire by its own terms at the end of 12 months from the date of entry, without further action by the Parties. 22. The Parties agree to entry of this Decree and judgment subject to final approval by the Court.
DATED this ~ day of ---tff1q></L''l-f"V-,"':>CJ...t_--, 2005.
The onorable P UL G. CASSELL United States District Federal Court Judge

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APPROVED AND CONSENTED TO: DEE'S, INC.
_______ ..- t '
" .~ I
By:- \ ,Jd C\s..;.---
\T? Its:

ERIC S. DREIBAND General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW. WashinQton, D.C. 20507

\

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j

, \..

"

.~• "

,-C ' I I • .

MARY JO O'NEIl.L ".

.

Regional Attorney

CASS C. BUTLER ' MICHAEL D. STANGER

Attorneys for Defendant

.
~.... r'''- "(-'-
~.

Phoenix District Office
3300 North Central Avenue, Suite E)90 Phoenix, Arizona 85012 Attorneys for Plaintiff
~~ OHt'/J L. BLACK Suite 500-Clift Building Tefl West Broadway Salt Lake City, Utah 84101 Attorney for Plaintiff Intervenors

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Breeanna Bonnell Karanette Gallegos Dianne Dutweiler John Black
TOTAL

EXHIBIT A
$ 8,884.44 $16,448.22 $14,687.34 $19.980.00
$60,000.00

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EXHIBIT B NOTICE TO ALL EMPLOYEES OF DEE'S

This Notice is posted pursuant to a Consent Decree entered into between the Equal Employment Opportunity Commission and Dee's Family Restuarants to resolve the case of EEOC v. Dee's Family Restuarants, CIV 2:05CV00282 PGC.

Sexual Harassment and retaliation in the work place is against federal law. Under Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to discriminate on the basis of sex, to sexually harass an employee or to retaliate against a person for participating or opposing discrimination.

If you believe you have been subjected to sex discrimination or retaliation during the course of your employment with Dee's you have the right to seek assistance from:

(1) The United States Equal Employment Opportunity Commission (the EEOC) at either the Phoenix District Office, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012-2504, (602) 640-5000, TTY
or (2) The Utah Anti-Discrimination Division 160 East 300 South, Post Office Box 146630, Salt Lake City Utah 84114, (801) 530-6801.

You have the right to file a charge with the EEOC or the UADD if you believe you are being subjected to sex discrimination.

It is also unlawful for any management official or employee of Dee's to discriminate by retaliation against an individual because you have opposed an act or practice made unlawful by Title VII, or because you made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the Title VII. It is also unlawful for any management official or employee of Dee's to coerce, interfere, intimidate or threaten any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Title VII. If you believe any acts to retaliate, coerce, intimidate, or threaten you have been made, you should contact the EEOC or UADD at the addresses and numbers listed above.

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ADVIERTA A TODOS EMPLEADOS DE DEE'S
Esta Aviso se anuncia segun un Consentimiento Decreta entrado en entre la Comision para la Igualdad de Oportunidades en el Empleo Dee's Family Restaurants para resolverse Restuarants el caso de EEOC V. La Familia de Dee Restuarants, CIV 2:05CV00282 PGC.
EI acoso sexual y la venganza en el lugar del trabajo estan contra la ley federal. Bajo el Titulo VII del Acto Civil de Derechos de 1964, es ilegal para un empleador para discriminar por el sexo, para acosar sexualmente a un empleado 0 para vengar contra una persona para la discriminacion de participar u oponer.
Si usted cree que usted ha side sujeto a la discriminacion por cuestion de sexo 0 la venganza durante su empleo con Dee's es usted tiene el derecho de buscar ayuda de:
(1) Los Estados Unidos Comision para la Igualdad de Oportunidades en el Empleo (el EEOC) en 0 la Oficina del Distrito de Phoenix, 3300 Avenida Central del norte, la Serie 690, Phoenix, Arizona, 85012-2504, (602) 640-5000, TTY 0 (2) EI Utah la Division Anti Discriminacion 160 Este 300 al sur, el Apartado de correos 146630, la Ciudad de Salt Lake Utah 84114, (801) 530-6801.
Usted tiene el derecho de archivar una carga con el EEOC 0 el UADD si usted cree que usted es es sujeto a la discriminacion por cuestion de sexo.
Es tambien ilegal para cualquier funcionario de la administracion 0 el empleado de Dee's es de discriminar por la venganza contra un individuo porque usted se ha opuesto un acto 0 la practica hechos ilegales por el Titulo VII, 0 porque usted hizo una carga, testifico, ayudo 0 tomo parte en cualquier manera en una investigacion, en avanzar, 0 en la vista bajo el Titulo VII. Es tambien ilegal para cualquier funcionario de la administracion 0 el empleado de Dee es de obligar, intervenir, intimidar 0 amenazar cualquier individual en el ejercicio 0 el placer de, o por motivo de su ejercito 0 gozo, 0 por motivo de su ayudo 0 alento a cualquier otro individuo en el ejercicio 0 el placer de, cualquier correcto otorgo 0 protegio por el Titulo VII. Si usted cree que cualquiera actua para vengar, obligar, intimidar, 0 para amenazarle ha side hecho, usted debe contactar el EEOC a UADD en las direcciones y numeros listaron arriba.

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 CM/ECF - U.S. District Court:utd - Docket Report

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?884564951490782-L_35...

Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:05-cv-00282-PGC

CLOSED, STAY

EEOC v. Dees Assigned to: Judge Paul G. Cassell Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 03/31/2005 Date Terminated: 08/22/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: emanuel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carlie Christensen US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)524-5682 Email: Carlie.Christensen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally C. Shanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690

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V. Defendant Dee's doing business as Dee's Family Restaurants
Movant Breeanna Bonnell
Movant Diann Dutweiler
Movant Karanette Gallegos

PHOENIX, AZ 85012-1848 (602)640-5032 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cass C. Butler CALLISTER NEBEKER & MCCULLOUGH 10 E SOUTH TEMPLE STE 900 SALT LAKE CITY, UT 84133 (801)530-7300 Email: cassbutler@cnmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John L. Black, Jr 10 W 300 S STE 500 SALT LAKE CITY, UT 84101 (801)363-3550 Email: johnblack@myengagemail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John L. Black, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John L. Black, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
03/31/2005 04/04/2005

#

Docket Text

1 Complaint filed, assigned to Judge Paul G. Cassell (kla) (Entered: 04/01/2005)
2 Motion and Order signed by Judge Paul G. Cassell , 4/1/05 Granting motion/PHV for Attorney Mary Jo O'Neill, Sally Shanley on behalf of plaintiff EEOC cc:attys (asp) (Entered: 04/05/2005)

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04/18/2005 05/03/2005 05/03/2005 05/20/2005 05/20/2005 05/24/2005 05/25/2005 05/31/2005
06/01/2005 06/01/2005 06/03/2005 06/07/2005
06/08/2005 06/10/2005 06/24/2005 08/12/2005

3 Return of summons executed as to Dees 4/13/05 Answer due on 5/3/05 for Dees (asp) (Entered: 04/19/2005)
4 MOTION to Stay filed by Defendant Dee's. (asp, ) (Entered: 05/04/2005)
5 MEMORANDUM in Support re 4 MOTION to Stay filed by Defendant Dee's. (asp, ) (Entered: 05/04/2005)
6 MOTION to Intervene as plaintiffs. (asp) (Entered: 05/23/2005)
7 MEMORANDUM in Support re 6 MOTION to Intervene filed by Movants Breeanna Bonnell, Diann Dutweiler, Karanette Gallegos. (asp) (Entered: 05/23/2005)
8 STIPULATED MOTION for Extension of Time until 6/1/05 for pla to File Response/Reply as to 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission, Defendant Dee's. (asp) (Entered: 05/24/2005)
9 ORDER (no image attached) granting 8 Motion for Extension of Time to File Response/Reply re 4 MOTION to Stay Response due by 6/1/2005.Signed by Judge Paul G. Cassell on May 25, 2005. (tkc, ) (Entered: 05/25/2005)
10 ORDER (no image attached) granting joint motion for extension of time. As stated in the stipulation, the EEOC shall file its response to Dee's Motion to Stay by no later than June 1, 2005. Signed by Judge Paul G. Cassell on May 31, 2005. (tkc, ) (Entered: 05/31/2005)
11 RESPONSE in opposition to Motion re 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission. (asp) (Entered: 06/02/2005)
12 MEMORANDUM in Opposition re 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits)(asp) (Entered: 06/02/2005)
13 MEMORANDUM in Opposition re 6 MOTION to Intervene filed by Defendant Dee's. (asp) (Entered: 06/06/2005)
14 MOTION/ORDER granting motion for Admission Pro Hac Vice for of C. Emanuel Smith for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 6/6/05. (asp) (Entered: 06/08/2005)
15 REPLY to Response to Motion re 4 MOTION to Stay filed by Defendant Dee's. (asp) (Entered: 06/09/2005)
16 ORDER granting 4 Motion to Stay . Signed by Judge Paul G. Cassell on June 10, 2005. (tkc, ) (Entered: 06/10/2005)
17 DECLARATION of Sally Shanley filed by Equal Employment Opportunity Commission. (asp) (Entered: 06/24/2005)
18 ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Paul G. Cassell on 08/12/2005. (yre) (Entered: 08/12/2005)

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CM/ECF - U.S. District Court:utd - Docket Report

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?884564951490782-L_35...

08/18/2005
08/22/2005 08/22/2005 08/22/2005

19 JOINT MOTION for entry of Consent Decree filed by Plaintiff Equal Employment Opportunity Commission, Defendant Dee's. (kvs, ) (Entered: 08/19/2005)
20 ORDER/CONSENT DECREE. Signed by Judge Paul G. Cassell on 8/22/05. (asp) (Entered: 08/23/2005)
21 ORDER granting 19 Motion for entry of Consent Decree . Signed by Judge Paul G. Cassell on 8/22/05. (asp) (Entered: 08/23/2005)
Case no longer referred to Brooke C. Wells. (asp) (Entered: 08/23/2005)

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