Case 5:06-cv-00305-BO Document 1-1 Filed 08/03/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

S.G.T. CINELLI’S, INC., d/b/a

)

CINELLI’S RESTAURANT

)

)

Defendant.

)

_____________________________________ )

CIVIL ACTION NO. 5:06-CV-00305 COMPLAINT
JURY TRIAL DEMAND

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 basis of sex (female) and to provide appropriate relief to Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, who were adversely affected by the practices. Specifically, Plaintiff Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) alleges that Defendant S.G.T Cinelli’s Inc., d/b/a Cinelli’s Restaurant (the “Defendant”) subjected Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, to a sexually hostile work environment. The Commission further alleges that Defendant constructively discharged Brittany McLaurin, and other similarly situated women as a result of the harassment.
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(f)(1) and (3) of Title VII

Case 5:06-cv-00305-BO Document 1-1 Filed 08/03/2006 Page 2 of 5
of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e–5(f) (1) and (3) (“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 committed in part within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, S.G.T. Cinelli’s Inc., d/b/a Cinelli’s Restaurant has continuously been doing business in the State of North Carolina and in the City of Cary, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant S.G.T. Cinelli’s Inc., d/b/a Cinelli’s Restaurant has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Meghan C. O’Connell filed charges with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From around September 2003 until at least March 2004, Defendant engaged in unlawful employment practices in and around Cary, North Carolina, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), as set forth below:
2

Case 5:06-cv-00305-BO Document 1-1 Filed 08/03/2006 Page 3 of 5
a. Defendant subjected Meghan C. O’Connell and a class of similarly situated women including Brittany McLaurin to sexual harassment and a sexually hostile work environment based on their sex, female. The harassment included, but was not limited to, unwelcome sexual comments and gestures, as well as touching such as hugging, kissing and biting the women’s buttocks. The harassment was perpetrated by one of Defendant’s managers who was in the women’s direct line of supervision.
b. . Defendant constructively discharged Brittany McLaurin and a class of similarly situated women, by maintaining a sexually hostile work environment that was so intolerable that a reasonable person would have resigned, and by failing to take appropriate action to prevent and stop the harassment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Meghan C. O’Connel, and a class of similarly situated women including Brittany McLaurin of equal employment opportunities and otherwise adversely affect their status as an employee because of their sex, female.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from creating or maintaining a sexually hostile work environment or any other employment practice that discriminates on the basis of sex.
3

Case 5:06-cv-00305-BO Document 1-1 Filed 08/03/2006 Page 4 of 5
B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Brittany McLaurin and a class of similarly situated women by providing appropriate back pay 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 reinstatement or front pay.
D. Order Defendant to make whole Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant to pay Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, punitive damages for their malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
4

Case 5:06-cv-00305-BO Document 1-1 Filed 08/03/2006 Page 5 of 5
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this the 3rd day of August 2006.
Respectfully submitted,
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
/s/ Lynette A Barnes LYNETTE A. BARNES (N.C. Bar No. 19732) Regional Attorney Lynette.Barnes@eeoc.gov
TINA BURNSIDE Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, North Carolina 28202 Tel. 704.344.6878 Fax. 704.344.6780 Tina.Burnside@eeoc.gov
/s/ Kerith Cohen KERITH COHEN (Va. Bar No. 39069) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608-2129 Telephone: 919.856.4148 Facsimile: 919.956.4156 Kerith.Cohen@eeoc.gov
5

 
 Case 5:06-cv-00305-BO Document 4-1 Filed 11/16/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

S.G.T. CINELLI’S, INC.,

)

)

and

)

)

CINELLI’S RISTORANTE, INC.,

)

)

Defendants.

)

_____________________________________ )

)

CIVIL ACTION NO. 5:06-CV-305
FIRST AMENDED COMPLAINT JURY TRIAL DEMAND

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 basis of sex (female), and to

provide appropriate relief to Meghan C. O’Connell, and a class of similarly situated women

including Brittany McLaurin who were adversely affected by such practices. Specifically,

Plaintiff, Equal Employment Opportunity Commission (the “EEOC” or the “Commission”)

alleges that Defendants S.G.T. Cinelli’s, Inc. and Cinelli’s Ristorante, Inc. (“Defendants”)

subjected Meghan C. O’Connell and a class of similarly situated women including , Brittany

McLaurin, to a sexually hostile work environment. The Commission further alleges that

Defendants constructively discharged Brittany McLaurin, and other similarly situated women as

a result of the sexual harassment.

JURISDICTION AND VENUE

Case 5:06-cv-00305-BO Document 4-1 Filed 11/16/2006 Page 2 of 6
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(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("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 committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant S.G.T. Cinelli’s, Inc. has continuously been doing business in the State of North Carolina and the Town of Cary, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Cinelli’s Ristorante, Inc. has continuously been doing business in the State of North Carolina and the Town of Cary, and has continuously had at least 15 employees. 6. At all relevant times, Defendant S.G.T. Cinelli’s, Inc. 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 U.S.C. §§ 2000e(b), (g) and (h). 7. At all relevant times, Defendant Cinelli’s Ristorante, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b),
2

Case 5:06-cv-00305-BO Document 4-1 Filed 11/16/2006 Page 3 of 6
(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 8. Upon information an belief, Defendants jointly owned and/or operated a
restaurant in Cary, NC where the incidents alleged in paragraph 10 below occurred. STATEMENT OF CLAIMS
9. More than thirty days prior to the institution of this lawsuit, Meghan C. O’Connell filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
10. From around September 2003 until at least March 2004, Defendants have engaged in unlawful employment practices at a restaurant on Kildaire Farm Road in Cary, North Carolina, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) as set forth below:
a. Defendants subjected Meghan C. O’Connell and a class of similarly situated women including Brittany McLaurin to sexual harassment and a sexually hostile work environment based on her sex, female. The harassment included, but was not limited to, unwelcome sexual comments and gestures, as well as touching such as hugging, kissing and biting the women’s buttocks. The harassment was perpetrated by one of Defendants’ managers who was in the women’s direct line of supervision.
b. Defendants constructively discharge Brittany McLaurin and a class of similarly situated women, by maintaining a sexually hostile work environment that was so intolerable that a reasonable person would have resigned, and by failing to take appropriate action to prevent and stop the harassment.
3

Case 5:06-cv-00305-BO Document 4-1 Filed 11/16/2006 Page 4 of 6
11. The effect of the practice complained of in paragraph 10 above has been to deprive Meghan C. O’Connell and a class of similarly situated women including Brittany McLaurin of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
12. The unlawful employment practices complained of in paragraph 10 above were intentional.
13. The unlawful employment practices complained of in paragraph 10 above we done with malice or with reckless indifference to the federally protected rights of Meghan C. O’Connell and a class of similarly situated women including Brittany McLaurin.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from creating or maintaining a sexually hostile work environment or any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Brittany McLaurin and a class of similarly situated women by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay.
4

Case 5:06-cv-00305-BO Document 4-1 Filed 11/16/2006 Page 5 of 6
D. Order Defendants to make whole Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to medical expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, by providing compensation for past and future non pecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendants to pay Meghan C. O’Connell, and a class of similarly situated women including Brittany McLaurin, punitive damages for its malicious and reckless conduct described in paragraph 10 above, in amounts to be determined at trial.
G. 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. DATED this 16th day of November 2006.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel
5

 
 IN THE UNITED STATES DISTRICT COURT
 FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION
 5:06-CV-305-80


EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

S.OT CINELLI'S, INC. and CINELLI'S

)

RISTORANTE, INC.,

)

)

Defendants.

)


DECISION AND ORDER


This case comes before the court on plaintiff's motion to compel discovery responses from defendant S.G.T. Cinelli's, Inc. ("S.O.T.") and to extend the discovery period (DE #31). S.GT. has not filed a response to the motion. For the reasons set forth, the motion will be allowed in its entirety.

Background Plaintiff commenced this action on 3 August 2006 alleging that S.G.T. and defendant

Cinelli's Ristoriante, Inc. violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 by subjecting a class of similarly situated women to a hostile work environment

and also constructively discharging a class of women as a result of sexual harassment. (See Am. Compl. (DE #4), p. 1). Plaintiff seeks a permanent injunction, damages making whole the alleged victims of defendants' misconduct, costs, and other relief. (ld., pp. 3-4). Defendants deny any wrongdoing in their answers to plaintiff s amended complaint. (See Defs. Ans. to Am. Compi. (DE #19,20». A Scheduling Order was issued by the court which provided for the close of discovery by 15 January 2008. (DE #26).

On 4 October 2007, plaintiff served on S.G.T. interrogatories and requests for production of documents for inspection (DE #32-2, pp. 1-7), the responses to which were due by 7 November 2007. Then-counsel for S.G.T. made a request for additional time to serve responses, to which plaintiff agreed, resulting in a new due date of26 November 2007. (DE #32-2, p. 8). No responses were forthcoming and plaintiffs counsel contacted opposing counsel two more times without obtaining responses. Then, on 13 December 2007, plaintiffs counsel notified defense counsel that if responses were not received by 19 December 2007 a motion to compel would be filed with the court. (DE #32-2, p. 13). On 21 December 2007, defense counsel advised plaintiffs counsel that he anticipated serving responses by 31 December 2007. (DE #32-2, p. 16). No responses were received by that date, however, and on 3 January 2008 defense counsel filed a motion to withdraw as counsel for S.G.T. (DE #27), which was allowed by the court (DE #28). Plaintiff filed the instant motion on 15 January 2008.
As part ofthe order allowing defense counsel to withdraw, the court directed S.G.T. to retain new counsel' as soon as possible, but no laterthan 8 February 2008. No appearance of new counsel for S.G.T. was filed by that date and none has been filed since then.
Discussion Rule 37 of the Federal Rules of Civil Procedure provides in relevant part that on notice to other parties a party may move for an order compelling disclosure or discovery. Fed. R. Civ. P. 37(a)(I). A motion to compel under Rule 37 is appropriate when a party "fails to answer an interrogatory submitted under Rule 33," or "fails to respond that inspection will be permitted--or
I A corporation may not appear pro se, but must be represented by duly licensed counsel. See Rowland v. California Men's Colony, 506 U.S. [94, 201-02 (1993 )("It has been the law for the better part of two centuries ... that a corporation may appear in the federal courts only through licensed counsel.").
2


fails to pennit inspection--as requested under Rule 34." Fed R. Civ. P. 37(a)(3)(B)(iii)-(iv). Pursuant to this rule and the Local Rules of this court, a motion to compel must include a certification that the movant has in good faith conferred or attempted to confer with the party from whom it seeks discovery before seeking court intervention. Fed. R. Civ. P. 37(a)(l); Local Civil Rule 7.I(c), E.D.N.C.
Here, plaintiff timely served interrogatories and requests for production of documents on S.O.T. Although S.O.T. has now had over six months to respond, it has failed to do so. By not responding to the motion, S.O.T. has offered no explanation, or even attempted to offer an explanation, to the court for its inaction. The court finds that S.OT. has waived its objections to the instant discovery by failing to respond timely. Loughery v. Tompkins Indus., Inc., I :07cv 128,2008 WL 922099, at *1 (N.D. W.Va. 26 March 2008) (any ground for objection to discovery requests not stated in a timely manner is waived unless the court, for good cause, excuses the failure).
S.O.T.'s failure to respond came notwithstanding plaintiffs manifestly good faith and repeated efforts to obtain responses without court intervention. Plaintiffs motion contains the requisite certification of its counsel's good faith efforts to resolve the dispute. (DE #31, p. I). See, e.g., RLI Ins. Co. v, Conseco, Inc., 477 F. Supp. 2d 741,745-46 (E.D.Va. 2007)(Rule 37 "requires that a movant in good faith confer or attempt to confer with the party not making the disclosure in an effort to secure the disclosure without court action. [Counsel's] avennents are not controverted and the record shows that [movant's] actions qualify as a good-faith effort to attempt to resolve the discovery dispute out of court.").
Accordingly. plaintiffs request for an order compelling discovery responses is ALLOWED. S.O.T. shall serve responses to plaintiffs first set ofinterrogatories and first request for production
3


of documents by 28 April 2008, No objections shall be asserted to any interrogatories or requests for production, except objections based on the work product doctrine, attorney-client privilege, or other privilege, A privilege log shall be provided for any documents withheld on the basis of the work product doctrine or privilege, in accordance with Fed. R. Civ. P. 26(b)(5)(A).
Any objections to interrogatories permitted herein and the responses to the requests for production in their entirety must be signed by counsel for S.G.T. See Fed. R. Civ. P. 26(g)(l), 33(b)(5). The court therefore directs S.G.T. to retain counsel in this case to enable it to respond timely to plaintiffs discovery requests as provided in this order.
Failure by S.G.T. to serve discovery responses as required by this order shall subject S.G.T. to the court's imposition of sanctions against it. Possible sanctions include but are not limited to entry of a default judgment against S.G. T. awarding plaintiff the injunction, damages, costs, and other reliefit seeks. Principals ofS.G.T. found to have participated in any noncompliance by S.G.T. with this order (or any other order) may face personal liability for sanctions.
The court notes that S.G.T. failed to comply with the court's prior directive to retain counseL A pattern of noncompliance increases the likelihood that sanctions will be imposed and that such sanctions will be more severe.
Where, as here, a motion to compel is allowed, Rule 37 provides in relevant part that "the court must, after giving an opportunity to be heard, require the party '" whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees," unless circumstances would make the award of costs unjust. Fed. R. Civ, P. 37(a)(5)(A). The court defers its decision whether
4


to award costs against S.G.T. and any persons associated with it pending S.G.T.'s conduct in response to this order.
Further, for good cause shown, plaintiffs request for extension ofdiscovery deadlines is also ALLOWED. The Scheduling Order (DE #26) is modified as follows:
I. All discovery shall be commenced in time to be concluded by 27 June 2008. 2. All potentially dispositive motions shall be filed by 28 July 2008. 3. All other provisions in the Scheduling Order remain in effect.
Conclusion
For the reasons set forth above, plaintiff s motion to compel is ALLOWED in its entirety on the terms set forth above.
SO ORDERED, this 18th day of April, 2008.
~tes~.
United States Magistrate Judge
5


 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

No. 5:06-CV-305-BO

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

S.G.T. CINELLI'S, INC., and

)

CINELLI'S RISTORANTE, INC.,

)

)

Defendants.

)

ORDER

This matter is before the court on Plaintiffs Motion to Strike Answer and Enter Default Judgment Against Defendant Cinelli's Ristorante, Inc., and Motion for Sanctions and Default Judgment Against Defendant S.G.T. Cinelli's, Inc. For the reasons stated below, Plaintiffs motions are GRANTED.
Plaintiff filed this action alleging that Defendants had violated Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 by subjecting a class of similarly situated women to a hostile work environment and by constructively discharging a class of women as a result of sexual harassment. Defendants participated in an unsuccessful court-hosted settlement conference on March 6, 2007, and subsequently filed answers to Plaintiffs Amended Complaint.
Defendant Cinelli's Ristorante Inc.'s counsel of record later filed a Motion to Withdraw, which was granted by U.S. Magistrate Judge Gates on April23, 2007. Defendant S.G.T. Cinelli's Inc.'s counsel of record filed a Motion to Withdraw, which was also granted by

Magistrate Judge Gates on January 8, 2008. Both corporate defendants were directed to retain

counsel no later than May 14, 2007 and February 8, 2008 respectively. To date, neither

defendant has retained new counsel.

On June 3, 2008, this court deferred ruling on Plaintiffs Motion to Strike and Motion for

Default Judgment and directed Defendant Ristorante to show cause within ten days of the order.

Defendant Ristorante failed to respond. Neither party has defended this action against them nor

responded to discovery requests.

Federal Rule of Civil Procedure 37(a)(2) permits the court to enter a judgment by default

where a party fails to obey orders of the court. Rule 55(a) permits the court to enter default

judgment where a party fails to plead or otherwise defend. Defendants have disobeyed the

court's scheduling orders and failed to retain new counsel in order to proceed in this matter.

Accordingly, the court hereby enters Default Judgment against Defendants. A hearing

will be held the week of August 25, 2008, in Raleigh, North Carolina, to determine the damages

owed by Defendants.

of1.z;;:; 'i: SO ORDERED, this

day

TERRENCE W. BOYLE UNITED STATES DISTRIC

2

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION 5:06-CV-305-BO

Equal Employment Opportunity,

)

Commission,

)

Plaintiff,

)

)

v.

)

)

S.G.T. Cinelli’s, Inc, d/b/a Cinelli’s,

)

Restaurant, Cinelli’s Ristorante, Inc,. and )

S.G.T. Cinelli’s Inc.

)

Defendant.

)

JUDGMENT

Decision by Court. This action came before the Court. The issues have been heard and a decision has been rendered.

IT IS ORDERED, ADJUDGED AND DECREED that the Court enters a judgment for Ms. O’Connell in the amount of $25,000 in compensatory damages plus interest from the time of the award, $25,000 in compensatory damages and $12,674 in back pay plus interest for Ms. Bumgarner, an award in gross of $25,000 for the individual employees for punitive damages and that the costs be taxed against the defendants. (BOYLE, J)

This Judgment Filed and Entered on September 12, 2008, and Copies To:

Kerith Cohen Equal Employment Opportunity Commission 200 Granby Street, Ste. 739 Norfolk, VA 23510

Cinelli’s Ristorante, Inc. 315 Belles Landing Court Cary, NC 27519

September 12, 2008

/s/ Dennis P. Iavarone, Clerk of Court

Case 5:06-cv-00305-BO Document 41 Filed 09/12/08 Page 1 of 1

 
 Case: 5:06-cv-305 As of: 06/05/2017 04:42 PM EDT 1 of 5
CLOSED,USMJ Gates
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:06−cv−00305−BO

Equal Employment Opportunity Commission v. S.G.T. Cinelli's, Date Filed: 08/03/2006

Inc.

Date Terminated: 09/12/2008

Assigned to: District Judge Terrence W. Boyle

Jury Demand: Both

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: Federal Question

Movant

Nelson G. Harris

represented by Nelson G. Harris Harris &Hilton, P.A. P. O. Box 31404 Raleigh, NC 27622 919−848−6164 Fax: 848−6918 Email: nharris@hfhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Equal Employment Opportunity Commission

represented by Kerith Cohen Equal Employment Opportunity Commission 200 Granby Street Suite 739 Norfolk, VA 23510 757−441−3505 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant S.G.T. Cinelli's, Inc. doing business as Cinelli's Restaurant
Defendant Cinelli's Ristorante, Inc.

represented by Nelson G. Harris (See above for address) TERMINATED: 01/09/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Reagan H. Weaver Capitol District Law Offices P. O. Box 25096 Raleigh, NC 27611 919−828−0363 Fax: 919−832−5205 Email: rweaver@capitolaw.com TERMINATED: 04/23/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cinelli's Ristorante, Inc. 315 Belles Landing Court Cary, NC 27519 PRO SE
Reagan H. Weaver

Case: 5:06-cv-305 As of: 06/05/2017 04:42 PM EDT 2 of 5
(See above for address) TERMINATED: 04/23/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant S.G.T. Cinelli's, Inc.

Date Filed 08/03/2006 10/04/2006 10/05/2006 11/16/2006 11/20/2006 11/20/2006 12/14/2006 12/14/2006 12/15/2006
01/12/2007 01/12/2007 01/16/2007 01/16/2007 01/19/2007
01/22/2007

# Docket Text
1 COMPLAINT (Service by Request for Waiver pursuant to Rule 4(d)) against S.G.T. Cinelli's, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 08/03/2006)
2 NOTICE by Equal Employment Opportunity Commission Proposed Summons (Cohen, Kerith) (Entered: 10/04/2006)
3 Summons Issued as to S.G.T. Cinelli's, Inc.. (Deputy Clerk − BRB, ) (Entered: 10/05/2006)
4 AMENDED COMPLAINT against Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 summons# 2 summons)(Cohen, Kerith) (Entered: 11/16/2006)
5 Summons Reissued as to Gianni Cinelli, President, S.G.T. Cinelli's, Inc.. (Deputy Clerk − BRB, ) (Entered: 11/20/2006)
6 Summons Reissued as to Peter Cinelli, President, Cinelli's Ristorante, Inc.. (Deputy Clerk − BRB, ) (Entered: 11/20/2006)
7 MOTION for Extension of Time to File Answer by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Weaver, Reagan) (Entered: 12/14/2006)
8 MOTION for Extension of Time to File Answer Attachment of proposed Order by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Weaver, Reagan) (Entered: 12/14/2006)
9 ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint Cinelli's Ristorante, Inc. answer due 1/13/2007; S.G.T. Cinelli's, Inc. answer due 1/13/2007; S.G.T. Cinelli's, Inc. answer due 1/13/2007. . Signed by Clerk of Court on 12/15/06. (Deputy Clerk − BRB, ) (Entered: 12/15/2006)
10 Joint MOTION to Stay for Mediation by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., Equal Employment Opportunity Commission. (Weaver, Reagan) (Entered: 01/12/2007)
11 MOTION to Stay Proposed Order for Joint Motion to Mediate by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., Equal Employment Opportunity Commission. (Weaver, Reagan) (Entered: 01/12/2007)
NOTICE OF DEFICIENCY re: 11 Motion to Stay, 10 Motion to Stay in future filings please refer to the Western Division on the case captions. (Deputy Clerk − LKF, ) (Entered: 01/16/2007)
***Motions Submitted: 10 Joint MOTION to Stay for Mediation (Deputy Clerk − BRB, ) (Entered: 01/16/2007)
12 ORDER granting 10 Motion to Stay responsive pleadings, discovery, and motions for sixty (60) days to allow the parties to schedule and hold a Court−Hosted Settlement Conference. . Signed by Judge Terrence W. Boyle on 1/18/07. (Deputy Clerk − BRB, ) (Entered: 01/19/2007)
13 ORDER re 12 Order on Motion to Stay. Signed by Judge James Gates on 1/22/07. IT IS ORDERED the (1) The court−hosted settlement confernce shall be no later than March 18, 2007 in the Terry Sanford Federal Building in Raleigh; (2) The persons specified in Local ADR Rule 101.3(h)(1), E.D.N.C. shall attend the conference in person unless excused by Order of the court; (3) On or before

Case: 5:06-cv-305 As of: 06/05/2017 04:42 PM EDT 3 of 5

02/08/2007
02/08/2007 02/27/2007 02/28/2007 02/28/2007 03/01/2007 03/06/2007
03/20/2007 03/21/2007 03/21/2007 03/21/2007 03/22/2007 04/20/2007 04/23/2007

January 31, 2007, counsel for plaintiff and counsel for defendants shall confer, in person or by telephone, and determine three dates not later than March 18, 2007, upon which they are mutually available for the settlement conference; (4) The parties shall submit a letter to the undersigned provided the foregoing dates within one day after conferring with each other; and (5)The court shall set the date and time for the settlement conference after receiving counsel's letter. (Deputy Clerk − BRB, ) (Entered: 01/22/2007)
14 ORDER. Conference shall be held on Tuesday, March 6, 2007 in the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina beginning at 10am. Counsel should contact Magistrate Judge's chambers (919−645−1790) the week of the conference for information on the specific location of the conference in the Federal Building. . Signed by Judge James Gates on 2/7/07. (Deputy Clerk − BRB, ) (Entered: 02/08/2007)
15 NOTICE of Hearing: Settlement Conference set for 3/6/2007 10:00 AM before USMJ James Gates. Location of conference in Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina to be determined. (Deputy Clerk − BRB, ) (Entered: 02/08/2007)
16 MOTION by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 02/27/2007)
NOTICE OF DEFICIENCY re: 16 Motion for Miscellaneous Relief Counsel is once again reminded in future filings this is a Western Division case. All filing should reflect this Division. (Deputy Clerk − LKF, ) (Entered: 02/28/2007)
MOTIONS 16 MOTION REFERRED to Judge James Gates. (Deputy Clerk − BRB, ) (Entered: 02/28/2007)
17 ORDER granting 16 Motion . Signed by Judge James Gates on 3/1/07. (Deputy Clerk − BRB, ) (Entered: 03/01/2007)
18 Minute Entry for proceedings held before Judge James Gates on 6 March 2007: A court−hosted settlement conference was held. Physically present were: plaintiff's attorneys Tina Burnside, Kerith Cohen, and Lynn Fontana; complainants Meghan O'Connell and Brittany McLaurin Bumgarner (with her husband and father); defendants' attorney Reagan Weaver; and corporate representatives for defendants Peter Cinelli and Johnny Cinelli. No settlement was reached and an impasse was declared. The impasse is without prejudice to any party moving at a later date for the convening of another court−hosted settlement conference or the pursuit of other authorized alternative dispute proceedings. Defendants are advised to review the court's order of 19 January 2007 [DE #12] regarding the filing deadline for their responsive pleadings. Time: 3.5 hours. (CHAM, MM) (Entered: 03/06/2007)
19 ANSWER to Amended Complaint by S.G.T. Cinelli's, Inc..(Deputy Clerk − LKF, ) (Entered: 03/20/2007)
20 ANSWER to Amended Complaint by Cinelli's Ristorante, Inc..(Weaver, Reagan) (Entered: 03/21/2007)
21 MOTION to Withdraw as Attorney by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Attachments: # 1 Exhibit Discharge signed by Peter Cinelli# 2 Text of Proposed Order Order Allowing Withdrawal as Attorney)(Weaver, Reagan) (Entered: 03/21/2007)
22 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1. (Weaver, Reagan) (Entered: 03/21/2007)
MOTIONS 21 MOTION to Withdraw as Attorney REFERRED to Judge James Gates. (Deputy Clerk − BRB, ) (Entered: 03/22/2007)
23 REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk − BRB, ) (Entered: 04/20/2007)
24 ORDER granting 21 Motion to Withdraw as Attorney. Attorney Reagan H. Weaver terminated . Signed by Judge James Gates on 4/20/07. (Deputy Clerk − BRB, ) (Entered: 04/23/2007)

Case: 5:06-cv-305 As of: 06/05/2017 04:42 PM EDT 4 of 5

05/24/2007 05/30/2007 01/03/2008 01/04/2008 01/09/2008 01/11/2008 01/11/2008
01/15/2008 01/15/2008 04/02/2008 04/16/2008 04/21/2008
06/04/2008 06/30/2008 06/30/2008 07/25/2008

25 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission.(Cohen, Kerith) (Entered: 05/24/2007)
26 SCHEDULING ORDER: Reports from retained experts are due from Plaintiff on or before 1 November 2007 and from Defendants on or before 1 December 2007. Discovery due by 1/15/2008. Motions due by 2/15/2008.. Signed by Judge James Gates on 5/30/07. (Deputy Clerk − BRB, ) (Entered: 05/30/2007)
27 MOTION to Withdraw as Attorney by Nelson G. Harris. (Harris, Nelson) (Entered: 01/03/2008)
MOTIONS REFERRED: 27 MOTION to Withdraw as Attorney Motions referred to James E. Gates. (Deputy Clerk − BRB, ) (Entered: 01/04/2008)
28 ORDER granting 27 Motion to Withdraw as Attorney. Attorney Nelson G. Harris terminated. Signed by USMJ James E. Gates on 1/8/08. (Deputy Clerk − BRB, ) (Entered: 01/09/2008)
29 MOTION to Strike 20 Answer to Amended Complaint, MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. ( Responses due by 1/31/2008) by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 01/11/2008)
30 Memorandum in Support re 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. courtesy copies for Judge Boyle mailed today filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaration of Kerith Cohen, # 2 Exhibit Declaration of Meghan O'Connell, # 3 Exhibit Declaration of Brittany Bumgarner, # 4 slip opinion) (Cohen, Kerith) (Entered: 01/11/2008)
31 MOTION to Compel S.G.T.'s Discovery Responses, MOTION for Extension of Time to Complete Discovery with courtesy copies mailed to Judge Boyle by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 01/15/2008)
32 Memorandum in Support of Motion to Compel S.G.T.'s Discovery Responses and to Extend Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − 8, # 2 Text of Proposed Order) (Cohen, Kerith) (Entered: 01/15/2008)
MOTIONS REFERRED: 31 MOTION to Compel S.G.T.'s Discovery Responses MOTION for Extension of Time to Complete Discovery with courtesy copies mailed to Judge Boyle Motions referred to James E. Gates. (Deputy Clerk − BRB, ) (Entered: 04/02/2008)
Motions Submitted: 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. (Deputy Clerk − BRB, ) (Entered: 04/16/2008)
33 ORDER granting 31 Motion to Compel; granting 31 Motion for Extension of Time to Complete Discovery. All discovery shall be commenced in time to be concluded by June 27, 2008; All potentially dispositive motions shall be filed by July 28, 2008; All other provisions in the Scheduling Order remain in effect. Signed by USMJ James E. Gates on 4/18/08. (Deputy Clerk − BRB, ) (Entered: 04/21/2008)
34 ORDER deferring ruling on 29 Motion to Strike ; deferring ruling on 29 Motion for Default Judgment. Signed by Judge Terrence W. Boyle on 6/3/08. (Deputy Clerk − BRB, ) (Entered: 06/04/2008)
35 MOTION for Default Judgment as to Defendant S.G.T. Cinelli's, Inc., MOTION for Sanctions by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 06/30/2008)
36 Memorandum in Support of Motion for Default Judgment Against Defendant S.G.T. Cinelli's Inc. and for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits 1 − 6, # 2 Exhibit Exhibits 7 − 11, # 3 Exhibit unpublished opinions) (Cohen, Kerith) (Entered: 06/30/2008)
Motions Submitted: 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc., 35

Case: 5:06-cv-305 As of: 06/05/2017 04:42 PM EDT 5 of 5

08/12/2008 08/12/2008 08/27/2008 09/12/2008 09/12/2008

MOTION for Default Judgment as to Defendant S.G.T. Cinelli's, Inc. MOTION for Sanctions (Deputy Clerk − SJT) (Entered: 07/25/2008)
37 ORDER granting 29 Motion to Strike ; granting 29 Motion for Default Judgment; granting 35 Motion for Default Judgment; granting 35 Motion for Sanctions. Signed by Judge Terrence W. Boyle on 8/8/08. (Deputy Clerk − SJT) (Entered: 08/12/2008)
38 NOTICE of Hearing: Hearing on Damages. Motion Hearing set for 8/27/2008 @ 3:00 PM in Raleigh − Courtroom TBA before Judge Terrence W. Boyle. If court is still in trial, date and time for the this hearing is subject to change until a later date. (Deputy Clerk − SJT) (Entered: 08/12/2008)
39 Minute Entry for proceedings held before Judge Terrence W. Boyle: Motion Hearing held on 8/27/2008 re Damages. Kerith Cohen was present for the Plaintiffs and presented her case. The defendants nor any representation for them were present. (Court Reporter Sharon Kroeger.) (Talbert, S.) (Entered: 08/27/2008)
40 ORDER re 38 Notice of Hearing on Damages. Signed by Judge Terrence W. Boyle on 9/12/08. (Talbert, S.) (Entered: 09/12/2008)
41 JUDGMENT in favor of Equal Employment Opportunity Commission against Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.Signed by Clerk of Court on 9/12/08. (Talbert, S.) (Entered: 09/12/2008)