WILLIAM R. TAMAYO - #084965 (CA)

DAVID F. OFFEN-BROWN - #063321 (CA)

2

LINDA ORDONIO-DIXON - #172830 (CA)

3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

4

350 The Embarcadero, Suite 500

San Francisco, CA 94105-1260

5

Te1epbone No. (415) 625-5654

6

Fax No. (415) 625-5657

7

Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 I I 12

c 05 5170

EQUAL EMPLOYMENT J3 OPPORTUNITY COMMISSION,

) )

CIVIL ACTION NO.

)

Plaintiff,

15

v.

16 PIZZERIA UNO LOMBARD, INC.,
17 Defendant.
18

19

) )

COMPLAINT

) )

Civil Rights - Employment Discrimination

)

)

) ) JURY TRIAL DEMAND

)

20

)

21

22 NATURE OF THE ACTION
23

24

This is an action under Title VU of the Civil Rights Act of 1964 and Title I of the Civil

25 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

26 appropriate relief to Charging Party Hilda Betancourth, and other similarly situated individuals who

28
CO MPLAINT

were adversely affected by such practices. As alleged below, defendant, PIZZERIA UNO

2

LOMBARD, INC., subjected the claimants to a hostile work environment based on sex, female.

3 JURISDICTION AND VENUE
4

5

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343,

6

and 1345. This action is authorized and instituted pursuant to §§706(f)(l) and (3) ofTitle vn of the

7

Civil Rights Act of 1964, as amended (Title Vll), 42 U.S.c. §§2000e-5(f)(l) and (3), and § I02 of

8 the Civil Rights Act of 1991 , 42 U.S.C. §198Ia.
9 2. lntradistrict Assignment: The employment practices alleged to be unlawful were
10

II committed in the city and county of San Francisco which is within the jurisdiction of the United

12 States District Court for the Northern District of California. 13

PARTIES 15

16

3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), is the agency

17 of the United States ofAmerica charged with the administration, interpretation, and enforcement of

18 Title VU and is expressly authori zed to bring this action by §§706(f)(1) and (3) ofTitle VII, 42

19 U.S.C. §§2000e-5(f)( I) and (3).
20

21

4. At all relevant times, Defendant is and was a corporation doing business in the State

22 of Cali fornia and the city and county of San Francisco, and has continuously had at least 15

23 employees.
24 5. At all relevant times, Defendant has continuously been an employer engaged in an
25 26 industry affecting commerce, within the meaning of §§701 (b), (g) and (h) ofTitle VII, 42 U.S.C. §
2000e(b), (g), and (h).

28

COMPlJ\ INT

2

STATEMENT OF CLAIMS

2

6. More than thirty days prior to the institution ofthis lawsuit, Hilda Betancourth filed

3 charges of discrimination with the EEOC alleging violations of Title VII by Defendant. All
4 conditions precedent to the institution of this lawsuit have been fulfilled.
5

6

7. Since at least November of2002, Defendant PIZZERIA UNO LOMBARD, INC.

7

has engaged in unlawful practices at its San Francisco restaurant in violation of §703(a)(1) of Title

8 VD, 42 U.S.C. §§2000e-2(a)(I). These practices include sUbjecting Ms. Betancourth and other
9 similarly situated individuals to harassment on the basis of their sex, female, which created an
10

11 offensive, abusive, intimidating and hostile work environment.

12

8. The effect of the practices complained of in paragraph 7 above has been to deprive

13 Ms. Betancourth and other similarly situated individuals of equal employment opportunities and to

otherwise adversely alIect their status as employees because oftbeir sex, female.
15

16

9. The unlawful employment practices complained of in paragraph 7 above were and

17 are intentional.

18

10. The unlawful employment practices complained of in paragraph 7 above were done

19
with malice and/or reckless disregard forthc federally protected rights ofMs. Betaneourth and other 20

21 similarly situated individuals.

22

23

PRAYER FORREUEF

24 WHEREFORE, the Commission respectful ly requests that this Court:
25

26

A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with it, fTom engaging in harassment based

28

CO MI'LAINT

3

on sex and any other employment practice which discriminates on the basis of sex.

2

B. Order Defendant Employer to institute and carry alit policies, practices, and programs

3 which provide equal employment opportunities for its employees and which eradicate the effects of
4 its past and present unlawful employment practices.
5

6

C. Order Defendant Employer to make whole Ms. Betancourth and other similarly

7

situated individuals by providing compensation for past and future pecuniary losses resulting from

8 the unlawful employment practices described above, with interest, in amounts to be detennined at
9 trial.
10

11

D. Order Defendant Employer to make whole Ms. Betancourth and other similarly

12 situated individuals by providing compensation for past and future non-pecuniary losses resulting

13 from the above unlawful conduct, including pain and suffering, emotional distress, indignity, loss

of enjoyment of life, loss of self-esteem, and humiliation, in amounts to be determined at trial. 15

16

E. Order Defendant Employer to pay Ms. Betancourth and other similarly situated

17 individuals punitive damages for its malicious and reckless conduct described above, in amounts to

18 be determined at trial.

19 F. Grant such further relief as the Court deems proper.
20

21

G. Award the Conunission its costs in this action.

22 II

23 /I
24 /I
25
/I
26
/I

28

COMPLAINT

4

JURY TRIAL DEMAND

2

The Commission requests ajury trial on all questions of fact raised by its complaint.

3

4

James L. Lee

Deputy General Counsel 5

6

Gwendolyn Young Reams

Associate General Counsel 7

8

Equal Employment Opportunity

Commission

9

1801 L Street, N.W.

10

Washington, DC 20507

11

12

Date: October ~ 2005

13

i l L 15 Date: October

2005

16

17

18

19 Date: Octobe~ 2005
20

21

22

23

24

25

26

LINDA ORDONIO-DIXON Senior Trial Attorney
Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260 Telephone: (415) 625-5654

28

COMPLAINT

5

 
 1 WILLIAM R. TAMAYO - #084965 (CA) DAVID F. OFFEN-BROWN - #063321 (CA)
2 LINDA ORDONIO-DIXON - #172830 (CA)

3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

4 350 The Embarcadero, Suite 500

San Francisco, CA 94105-1260

5

Telephone No. (415) 625-5654

6 Fax No. (415) 625-5657

7 Attorneys for Plaintiff
8 UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10

11 EQUAL EMPLOYMENT
12 OPPORTUNITY COMMISSION,

13

Plaintiff,

14

v.

15 PIZZERIA UNO LOMBARD, INC.,
16 Defendant.
17

) CIVIL ACTION NO. C 05-05170 SBA
) ) )
NOTICE OF DISMISSAL OF )
LAWSUIT )
FRCP Rule 41(a)(1)(i) ) ) ) )

18

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(i), Plaintiff Equal Employment

19 Opportunity Commission dismisses the instant lawsuit without prejudice. Defendant Pizzeria
20
Uno Lombard, Inc. was served on June 21, 2006. However, as of the date of this pleading, 21

22 Defendant has not answered the Complaint.

23

24 Dated: April 18, 2007
25
26

____________//s//______________________ Linda Ordonio-Dixon Attorney for Plaintiff EEOC

27

NOTICE OF DISMISSAL

1

28 OF LA W SUIT

C 05-05170 SBA

 
 CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?945769759723943-L_3...
ADRMOP, CLOSED, E-Filing, REFR&R-JL
U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:05-cv-05170-SBA

Equal Employment Opportunity Commission v. Pizzeria Uno Lombard, Inc. Assigned to: Hon. Saundra Brown Armstrong Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 12/14/2005 Date Terminated: 04/18/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David F. Offen-Brown U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 (415) 625-5652 Fax: (415) 625-5657 Email: David.Offen-Brown@eeoc.gov ATTORNEY TO BE NOTICED

Linda S. Ordonio-Dixon Equal Employment Opportunity Commission 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 (415) 625-5654 Fax: (415) 625-5657 Email: linda.ordonio-dixon@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Pizzeria Uno Lombard, Inc.

Date Filed 12/14/2005
12/14/2005 12/14/2005 12/14/2005
12/23/2005 04/12/2006 04/13/2006 04/17/2006 04/17/2006 06/28/2006 06/28/2006
07/05/2006 07/05/2006

#

Docket Text

1 COMPLAINT With Jury Demand against Pizzeria Uno Lombard, Inc.. Filed byEqual Employment Opportunity Commission. (jlm, COURT STAFF) (Filed on 12/14/2005) Additional attachment(s) added on 4/21/2006 (jlm, COURT STAFF). (Entered: 12/16/2005)
CASE DESIGNATED for Electronic Filing. (jlm, COURT STAFF) (Filed on 12/14/2005) (Entered: 12/16/2005)
Summons Issued as to Pizzeria Uno Lombard, Inc.. (jlm, COURT STAFF) (Filed on 12/14/2005) (Entered: 12/16/2005)
2 ADR SCHEDULING ORDER: Case Management Statement due by 4/6/2006. Case Management Conference set for 4/13/2006 03:00 PM. (Attachments: # 1 Standing Order - SBA)(jlm, COURT STAFF) (Filed on 12/14/2005) (Entered: 12/16/2005)
3 CLERK'S NOTICE Case Management Conference set for 4/13/2006 02:45 PM. via telephone. (lrc, COURT STAFF) (Filed on 12/23/2005) (Entered: 12/23/2005)
4 MOTION to Continue Case Management Schedule Deadlines filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Proposed Order)(Ordonio-Dixon, Linda) (Filed on 4/12/2006) (Entered: 04/12/2006)
5 CLERK'S NOTICE re: Plaintiff's Failure to E-File re 1 (jlm, COURT STAFF) (Filed on 4/13/2006) (Entered: 04/13/2006)
6 ORDER by Judge Armstrong granting 4 Motion to Continue (lrc, COURT STAFF) (Filed on 4/17/2006) (Entered: 04/17/2006)
Set Deadlines/Hearings: Case Management Conference set for 7/5/2006 02:45 PM. via telephone. (lrc, COURT STAFF) (Filed on 4/17/2006) (Entered: 04/17/2006)
7 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Certificate of Service)(Ordonio-Dixon, Linda) (Filed on 6/28/2006) (Entered: 06/28/2006)
8 MOTION to Continue Case Management Hearing and Scheduling Order Dates filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Ordonio-Dixon, Linda) (Filed on 6/28/2006) (Entered: 06/28/2006)
9 ORDER by Judge ARMSTRONG granting 8 Motion to Continue (lrc, COURT STAFF) (Filed on 7/5/2006) (Entered: 07/05/2006)
Set Deadlines/Hearings: Case Management Statement due by 8/29/2006. Rule 26 Meeting Report due by 8/29/2006. Case Management Conference set for 9/13/2006 04:00 PM. (lrc, COURT STAFF) (Filed on 7/5/2006) (Entered:

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09/06/2006 09/08/2006 09/11/2006 09/12/2006 04/18/2007

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?945769759723943-L_3...
07/05/2006)
10 MOTION for Entry of Default filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio-Dixon)(Ordonio-Dixon, Linda) (Filed on 9/6/2006) (Entered: 09/06/2006)
11 Clerk's Notice of ENTRY OF DEFAULT as to Defendant Pizzeria Uno Lombard, Inc. on 09/08/2006. (Related documents(s) 10) (jlm, COURT STAFF) (Filed on 9/8/2006) (Entered: 09/08/2006)
12 ORDER REFERRING MOTION:, ORDER Cancelling Deadline Initial Case Management Conference set for 11/15/2006 03:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/11/06. (lrc, COURT STAFF) (Filed on 9/11/2006) (Entered: 09/11/2006)
CASE REFERRED to Magistrate Judge James Larson for Report and Recommendation on default judgment. (wh, COURT STAFF) (Filed on 9/12/2006) (Entered: 09/12/2006)
13 NOTICE of Voluntary Dismissal by Equal Employment Opportunity Commission (Ordonio-Dixon, Linda) (Filed on 4/18/2007) (Entered: 04/18/2007)

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