IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

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U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Plaintiff,

)

v.

) )

04C case N 2936

)

CRABBY KIMS, INC.

)

)

JURY TRIAL DEMANDED

)

Defendant. DOCKETED

JUDGE CASTILLO

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This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e ei seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a, to correct unlawful employment practices on the basis of racial and national origin harassment and to provide appropriate relief to Tracey Crumble ("Crumble"), and to classes of Black and Hispanic employees who were adversely affected by such practices. The U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission"), alleges that Defendant, Crabby Kims, Inc. ("Defendant") discriminated against Cnnnble and classes of Black and Hispanic employees by subjectingthem to racial and national origin harassment, in violation of Title VII. The Commission alleges further that Defendant discriminated against Crumble in that it subjected her to unequal terms and conditions of employment and terminated her employment, on account of her race (Black) in violation of Title VII.

JURISDICTION AND VE~UE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337,1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle VII, 42 U.S.c. §§ 2000e-5(f)(I) and (3) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The unlawful acts alleged below were committed within the jurisdiction of the United States District Court for the Northern District ofIllino/s.
PARTIES
3. Plaintiff, EEOC, 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) ofTitie VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3).
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Illinois, County of Cook, and has continuously had at least fifteen (15)
emploY\ie~.
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) ofTitle VII, 42 U.S.C. §§ 2000e-5(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Crumble filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution Qfthis lawsuit have been fulfilled. 7. Pursuant to 42 US.C. § 2000e-5(f)(1), EEOC's representatives attempted to

eliminate the unlawful employment practices alleged below and to effect voluntary compliance with Title VII prior to institution of the lawsuit but EEOC was unable to secure a conciliation agreement acceptable to the Commission.
8. Since at least October 2000, Defendant has engaged in unlawful employment
practices in violation of Section 703(a) ofTitle VII, 42 U.S.C. § 20QOe-2(a). These practices
include, but are not limited to, subjecting Crumble to derogatory jokes and remarks about Blacks and Hispanics and subjecting her to different terms and conditions of employment than her nonBlack co-workers, by attacking her work performance, demanding that she work extra shifts and come in on her days off and terminating her in violation of Title VII. These practices also include discriminating against classes of employees on the basis oftheir race and national origin by SUbjecting them to racial and national origin harassment in violation of Title VIT.
9. The effect of the practices complained of above has been to deprive Crumble and classes of Black and Hispanic employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race and national origin.
10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
11. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Crumble and classes of Black and Hispanic employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors,
3

assigns, and all persons in active concert or participation with Defendant, from engaging in any employment practices which discriminate on the basis of race and national origin;
B. Order Dc;fendant to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees f(Jgardless ohace and national origin and which eradicate the effects of its past and present unlawful practices;
C. Order Defendant to make whole Tracey Crumble 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 the unlawful employment practices;
D. Order Defendant to make whole Tracey Crumble by providing compensation for past and future pecuniary losses resulting from the. unlawful employment practices described in paragraphs 8 through 11 above, in lImounts to be dettlrmined at trial;
E. Order Defendant to make whole Tracey Crumble and classes ofBlack and Hispanic employees by providing compensation for past and future non"pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 through 11, including emotional pain, humiliation, and inconvenience, in amounts to be determined at trial;
F. Order Defendant to pay punitive danlages for its malicious and reckless Gonduct described in paragraphs 8 through 11, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action.
4

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
Eric S. Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Jun Wallace Calhoun Tri Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 312/353-7259 5

Civil Cover Sheet

Page I of2

NUONRITTEHDERSTNADTIESSTDRIICSTTROICF TILCLOIUNROTI~nCKETED
Civil Cover Sheet APR 272004
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The infonnation contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use Q.I1.!Y. in the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLYMENT OPPORTUNITY COMMISSION

Defendant(s):CRABBY KIMS, INC.

County of Residence:

County of Residence:

Plaintiff's Atty:

June Wallace Calhoun

Defendant's Atty:

Equal Employment Opportunity

Commission

500 W. Madison, Suite 2800 Chicago, IL 60661

04C

312-353-7259

2936

II. Basis of Jurisdiction:

1. U.s. Gov't Plaintiff

III. CitizeJ}~hiI1 ofPrinciI1al Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- NIA

JUDGE CASTILLO
\A' .I, rA'~nATE JlJDGE BODRICK

IV. Origin:

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII ofthe Civil Rights Act of 1964, as a~ended, ~:U.S.~ §

2000e et seq. ("Title VII"), and Title I ofthe Civil RigIit'S Act of "'n

1991,42 U.S.C. § 1981a, to correct unlawful employment pra~!1:esi'~;

on the basis of racial and national harassment.

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412012004

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U;~"I::rED STATESJ>ISTRICT cOUW"-, , N~.I.<THERN DISTRICT OF ILLlNOl>.>

In the Matter of

u.s. Equal Employment Opportunity Commission,
Plaintiff,
v.
Crabby Kims, Inc. Defendant.

r1r.KETED casell~C 293,6
APR 2 7 2004
JUDGE CASTILLO

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) ~Q~'-.._..

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Plaintiff, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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NA~ Junejwallac,;-'Calhoun

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FIRM Eq;;al Employment Opportunity Commission STREET ADDRESS 500 W. Madison St., Suite 2800 CITY/STATFJZIP Chicago, IL 60661

TELEPHONE NUMBER312_353_7259

IDENTIFICATION Nl)MBER (SEE ITEM 4 ON REVERSE)USDC No. 06202058

MElMBER OF TRIAL BAR'!

YES X

NO

TRJALATTORNEY?

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YES

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NO

yAME Jo' C. Ie endrickso!

r'RM Equal Em~ loyment Opportunity Commission

, sj STREET ADDRESS

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00 W. Madison St., Suite 2800

CIT~TElP(Chicago, IL 60661

TELEPHONE NUMBER312_353_8551

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 01187589

MEMBER OF TRIAL BAR?

YES X

NO

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TRrAL ATIORNEY?

X YES

NO

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DESIGNATED AS LOCAL COUNSEL?

YES 0

o NO

I~Equal Employment Opportunity Commission
STREET ADDRESS ADDRESS500 W. Madison St., Suite 2800 CITYfSTATEJZIP Chicago, IL 60661

TELEPHONE NUMBER312_886_9124
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE) ARDe No. 06210804

MEMBER OF TRIAL BAR? TRIALATIORNEY? DESIGNATED AS LOCAL COUNSEL'!

YES

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NO

YES

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 , nute Order form (06197)

United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge
CASE NUMBER
CASE TITLE

Ruben Castillo

Sitting Judge if Other than Assigned Judge

04 C 2936

DATE

10/29/2004

U.S. Equal Employment Opportunity Commission vs. Kirch-Lo, Inc. d/b/a Crabby Kims, Inc.

MOTION:

[In the following boX (a) indicate the party filing the malian, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature of the motion being presented.}

DOCKET ENTRY:

(1) 0

Filed motion of [ use listing in "Motion" box above.]

(2) 0

Brief in support of motion due _ _ _.

(3)

0

Answer brief to motion due___. Reply to answer brief due___.

(4) 0

Ruling/Hearing on _ _ _ set for ___ at _ __

(5) 0

Status hearing[heldlcontinued to] [set for/re-set for] on _ _ _ set for _ _ _ at _ __

(6) 0

Pretrial conference[heldlcontinued to] [set for/re-set for] on _ _ _ set for _ _ _ at _ _ _.

(7)

0

Trial[set for/re-set for] on _ _ _ at ___.

(8) 0

[Bench/Jury trial] [Hearing] held/continued to ___ at ___.

(9) 0
• (10)

This case is dismissed [with/without] prejudice and without costs[by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(l) 0 FRCP41(a)(2).
[Other docket entry] Enter Consent Decree.

• (11)

[For further detail see order attached to the original minute order.]

No notices required, advised in open court.

No notices required,

Notices mailed by judge's staff.

Notified counsel by telephone.

Docketing to mail notices, Mail AO 450 form.

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's'n 1 :\i:'_J:~i(!

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Copy to judge/magistrate judge.

courtroom

RO

deputy's

initials

Date/time received in central Clerk's Office

number oflloticcs date docketed
dale mailed notice mailing deputy initials

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Number

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

v.

)

)

)

KIRCH-LO, INC. d/b/a CRABBY KIMS, INC., )

)

Defendant.

)

)

Civil Action No. 04 C 2936

Hon. Judge Castillo Magistrate Bobrick

DOCKETED
NOV 0 1 2004

Introduction

CONSENT DECREE

1. Plaintiff U.S. Equal Employment Opportunity Commission ( the "EEOC" or

"Commission"), filed this action alleging that Kirch-Lo, Inc. d/b/a Crabby Kims, Inc.

("Defendant"), discriminated against Tracey A. Crumble ("Crumble") and classes of Black and

Hispanic employees by subjecting them to racial and national origin harassment, in violation of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"),

and Title I of the Civil Rights Act of 1991, 42 U.S.c. § 1981a. The Commission alleges further

that defendant discriminated against Crumble in that it subjected her to unequal terms and

conditions of employment and terminated her employment, on account of her race (Black) in

violation of Title VII.

2. Defendant Kirch-Lo, Inc. d/b/a Crabby Kims ("Crabby Kims") has denied the

material allegations in the complaint and has filed a Summary Judgment Motion herein

challenging jurisdiction.

3. In the interest of resolving this matter, and as a result of comprehensive settlement

negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree. This Consent Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this action regarding Defendant's Crabby Kims, Inc. facility.
4. Settlement of this matter does not constitute an admission on the part of Crabby Kims of any wrong doing, but rather a resolution of all issues before the Court in an amicable fashion.
FINDINGS 5. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, records and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction ofthe subject matter ofthis action and ofthe parties.
b. The terms of this Consent Decree are adequate, fair, reasonable, equitable and just. The rights of the parties and the public interest are adequately protected by this Consent Decree.
c. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests ofthe parties and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTION AGAINST EMPLOYMENT DISCRIMINATION
6. Defendant, its officers, agents, employees, assigns, and all persons acting in concert
2

with it shall not discriminate by engaging in any employment practice which discriminates against any employee at its Crabby Kims facility on the basis of race and national origin.
Defendant, its officers, agents, employees, assigns and all persons acting in concert with it shall not retaliate against any person because that person has, opposed any policy or practice made unlawful under Title VII, has filed a charge with EEOC, or because of the person's participation in or cooperation with, the initiation, investigation, litigation, resolution andlor administration of any case under Title VII or asserted rights under this Consent Decree.
MONETARY RELIEF 7. Within twenty (20) days ofthe date Defendant receives the Release Agreements attached hereto as Exhibit A executed by Tracey Crumble and Melvio Menendez, Defendant shall forward to Crumble a cashier's check for compensatory damages via certified mail made payable to her in the amount of$7,500.00, and Defendant shall forward to Menendez a cashier's check for compensatory damages via certified mail made payable to him in the amount of $2,500.00. Defendant shall also provide copies of both cashier's checks to June Wallace Calhoun, counsel for EEOC.
POSTING OF NOTICE 8. Within five (5) business days after entry of this Consent Decree, Defendant shall post a same-size copy of the Notice attached as Exhibit B to this Consent Decree in a location at Defendant's Crabby Kims facility, where notices to employees and applicants for employment at such facility are normally posted. The Notice shall remain posted until that date which is two (2) years from the date of entry of this Consent Decree. Defendant shall take all reasonable steps to
3

ensure that its posting is not altered, defaced or covered by any other material. Defendant shall certify to the EEOC in writing within ten (10) days after the date of such posting that the copy of the Notice has been properly posted. Defendant shall permit a representative of the EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours.
RECORD KEEPING 9. For a period of two (2) years following· entry ofthis Consent Decree, Defendant shall document and maintain and make available for inspection and copying by the EEOC records of each complaint received by Defendant (whether written or oral) alleging that Defendant has discriminated on the basis of race or national origin at its Crabby Kims facility (including the name, social security number, address, and telephone number of the complainant; details of the complaint of Defendant's discrimination on the basis of race andlor national origin; and details of all actions taken in response to the complaint of Defendant' s discrimination on the basis of race andlor national origin). 10. Defendant shall make all documents or records referred to in paragraph 7, above, available for inspection and copying within five (5) business days after the EEOC so requests in writing. In addition, Defendant shall make available all persons within its employ whom the EEOC requests for purposes of verifying compliance with this Consent Decree and shall permit a representative of the EEOC to enter its premises for such purposes on five (5) business days advance written notice by the EEOC. Notices as provided herein shall be as follows:
4

Defendant: Copy to:

Kirch-Lo, Inc. d/b/a Crabby Kims Kim Kirchoff 3655 North Western Ave. Chicago, Il. 60618
Robert A. Egan Robert A. Egan, P.C. 203 N. LaSalle Street, Suite 2300 Chicago, II. 60601

11. Nothing in this Consent Decree shall be construed to limit any obligation Defendant may otherwise have to maintain records under Title VII or any other law or regulation, if applicable.
REPORTING 12. Defendant shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years following entry of this Consent Decree. The first report shall be due six (6) months after entry ofthis Consent Decree. The subsequent report shall be due six months thereafter until that date which is two (2) years after the date of entry of this Consent Decree. Each such report shall contain (a) the information required to be maintained pursuant to paragraph 7, above, and (b) a certification by Defendant that the Notice required to be posted pursuant to paragraph 6, above, remained posted during the entire six (6) month period preceding the report. These reports shall be provided to June Wallace Calhoun at the U.S. Equal Employment Opportunity Commission, Chicago District Office, 500 W. Madison Street, Suite 2800, Chicago, II. 60661.

5

POLICIES 13. Defendant shall provide in its personnel policies to include an anti-harassment policy which complies with the provisions of Title VII.
TRAINING 14. Defendant shall provide training on Title VII to all employees (management and non-management) at its Crabby Kims facility within thirty (30) days of the entry of this Consent Decree. Defendant shall thereafter also provide training to all of its new employees (management and non-management) at its Crabby Kims facility, such training shall be provided within thirty (30) days ofthe beginning oftheir employment. With respect to both ofthe foregoing, Defendant shall provide the EEOC with the identification of the trainer, a description of the training, and a copy of any training materials used. Defendant shall adjust its training to accommodate any objections of EEOC.
DISPUTE RESOLUTION 15. In the event that either party to this Consent Decree believes that the other party has failed to comply with any provision(s) of the Consent Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
6

DURATION OF DECREE AND RETENTION OF JURISDICTION
16. All provisions ofthis Consent Decree shall be in effect (and the Court shall retain
jurisdiction ofthis matter to enforce this Consent Decree) for a period oftwo (2) years immediately following entry ofthe Consent Decree, provided, however, that if, at the end of the two (2) years period, any disputes under paragraph 15, above, remain unresolved, the term of the Consent Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 17. Each party to this Consent Decree shall bear its own expenses, costs and attorneys' fees. 18. The terms of this Consent Decree are and shall be binding upon the present and future representatives, agents, directors and assigns of Defendant. 19. When this Consent Decree requires the submission by Defendant of reports, certifications, notices or other materials to the EEOC, they shall be mailed to June Wallace Calhoun, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Consent Decree requires submission by the EEOC of materials to Defendant they shall be mailed to: Attn: Kim Kirchoff, Kirch-Lo, Inc. d/b/a Crabby Kims, 3655 North Western Avenue, Chicago, II., with a copy to its attorney, Robert A. Egan, P.C. 203 North LaSalle Street, Suite 2300, Chicago, II. 60601.
7

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7259
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN REAMS

For Kirch-Lo, Inc. d/b/a Crabby Kims

8

ExhihitA RELEASE AGREEMENT I, Tracey A. Crumble for and in consideration of the sum of $7,500.00 pursuant to the terms ofthe Consent Decree entered by the Court in EEOC v. Kirch-Lo. Inc. d/b/a Crabby Kims. Inc., 04 C 2936 (N.D.Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit and discharge Kirch-Lo, Inc. d/b/a Crabby Kims. and all its past and present shareholders, officers, agents, employees and representatives as well as all successors and assigns of Kirch-La, Inc. d/b/a Crabby Kims from any and all claims and causes of action of any kind which I now have or ever have had under Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title Vll"), and Title I ofthe Civil Rights Act of1991, 42 U.S.C. § 1981a., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC y. Kirch-La. Inc. d/b/a Crabby Kims, Inc., 04 C 2936.
Dat~
Address: 424 West Diversey Parkway Unit # 321 Chicago, Illinois 60614

.•*1:2004' 08,32am From-LEGAL

31Z3538655

T-841 P.004/004 F-092

Ellbibit A
RELEASE AGREEMENT
1, Melvio Menendez for and in C<lnsideration of the sum 0($2,500.00 pursuant to the
terms of the Consent Decree entered by the Court in E£PC v. Kirch-Lo. Inc. dib/a Crabby Kilns.
I!JQ" 04 C 2936 (N.D.m.), on behalfof myself, my heirs, assigns, ex:ecutors, and agents, do hereby forever release, waive, remise, acquit IIl!d discharge Kirch-Lo, Inc. dib/a Crabby Kims. and all its past and present shareholders, officers, agents, employees and representatives as well as all successors and as$igns ofKirch-Lo, IDe. dib/a Crabby IGms from any and all claims and
causes of action of any kind which I MW have or ever have had under Title vn ofthe Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title Vll''), and Title 1oflhe Civil Rights Act on99!, 42 U.S.C. § 1981a., as aresult of or arising from the subject matter and
claims which were Of which could have been asserted in &EOC v. KiTch-Lo Inc. d!bIa Crabby
Kims. Inc., 04 C 2936.

/0 10 (q IOc.,j.

Date

Name

Address:
9250 S.W. 191h Street Miami Florida 3316S

10

CERTIFICATE OF SERVICE
I, June Wallace Calhoun, an attorney, do hereby certify that I caused a true and correct
copy of the foregoing Plaintiff EEOC's Consent Decree to be served by U.S. Mail and
facsimile this 27th day of October, 2004, on the following counsel of record.
Robert A. Egan 203 North LaSalle Street Suite 2300 Chicago, Illinois 60601 (312) 782-5110 (facsimile)

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?466772852090968-L_35...
BOBRICK, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-02936

EEOC v. Kirch-Lo Inc Assigned to: Hon. Ruben Castillo Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/26/2004 Date Terminated: 08/03/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by June Wallace Calhoun United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: june.calhoun@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

1 of 4

6/6/2007 2:47 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?466772852090968-L_35...

Crabby Kims, Inc. TERMINATED: 05/17/2004
Defendant Kirch-Lo, Inc. doing business as Crabby Kims, Inc.

represented by Robert A. Egan Robert A. Egan P.C. 203 N. LaSalle Street Suite 2300 Chicago, IL 60601 (312) 263-2227 TERMINATED: 05/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert A. Egan Robert A. Egan P.C. 203 N. LaSalle Street Suite 2300 Chicago, IL 60601 (312) 263-2227 Email: robtaegan@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/26/2004 04/30/2004
05/06/2004 05/06/2004 05/17/2004 05/17/2004

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of June Wallace Carson, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 04/27/2004)
SCHEDULE set on 4/30/04 by Hon. Ruben Castillo : After a review of the initial pleadings in this case, this Court has decided to hold an expedited settlement conference. Plaintiff's counsel is directed to immediately serve the complaint and exhaust all settlement possibilities for this lawsuit. The Court will hold a settlement conference in chambers on 6/30/04 at 1:30 p.m. Parties to file a joint status report on or before 6/28/04. (SEE REVERSE SIDE OF THIS ORDER FOR FURTHER INFORMATION.) Counsel for plaintiff to notify all other parties of the Court's Order. Mailed notice (rao) (Entered: 04/30/2004)
2 ANSWER by defendant Crabby Kims Inc to complaint [1-1]; Notice of filing (eav) (Entered: 05/07/2004)
3 ATTORNEY APPEARANCE for defendant Crabby Kims Inc by Robert A. Egan (eav) (Entered: 05/07/2004)
4 MOTION by plaintiff for leave to file first amended complaint (Attachment); Notice. (hp) (Entered: 05/19/2004)
4 AMENDED COMPLAINT [1-1] by EEOC; jury demand terminating defendant Crabby Kims Inc; adding Kirch-Lo, Inc., d/b/a Crabby Kims, Inc. (hp) (Entered: 05/21/2004)

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05/18/2004 05/19/2004 06/08/2004 07/01/2004 07/06/2004 07/08/2004 07/14/2004
07/27/2004 07/27/2004 07/29/2004
08/03/2004
10/29/2004

5 MINUTE ORDER of 5/18/04 by Hon. Ruben Castillo : Plaintiff's motion for leave to file first amended complaint is granted. [4-1] The parties do not have to appear for the motion call on 05/20/04. Mailed notice (hp) (Entered: 05/19/2004)
6 ANSWER by defendant Kirch-Lo, Inc., d/b/a Crabby Kims, Inc., to plaintiff's first amended complaint; Notice. (hp) (Entered: 05/21/2004)
SCHEDULE set on 6/8/04 by Hon. Ruben Castillo : Parties' oral request to reset the settlement conference is granted. Settlement conference reset to 7/8/04 at 3:00 p.m. Parties to file the joint status report on or before 7/6/04. Mailed notice (rao) (Entered: 06/08/2004)
SCHEDULE set on 7/1/04 by Hon. Ruben Castillo : Settlement conference reset to 2:00 p.m. on 7/14/04. Settlement conference set for 7/8/04 is vacated. Mailed notice (rao) (Entered: 07/01/2004)
7 INITIAL STATUS REPORT. (vmj) (Entered: 07/07/2004)
SCHEDULE set on 7/8/04 by Hon. Ruben Castillo : Settlement conference reset to 3:00 p.m. on 7/14/04. Mailed notice (rao) (Entered: 07/08/2004)
SCHEDULE set on 7/14/04 by Hon. Ruben Castillo : Settlement conference held in chambers. The parties are urged to fully exhaust all remaining settlement possibilities in light of the Court's recommendation. Defendant's motion for summary judgment on the jurisdictional application of Title VII to its business will be due on or before 7/28/04. Status hearing set for 9:45 a.m. on 7/29/04. Mailed notice (rao) (Entered: 07/15/2004)
8 MOTION by defendant for summary judgment ; Memorandum of law; Local General Rule 56.1(a)(3) Statement of Uncontested Material Facts; Notices. (hp) (Entered: 07/28/2004)
9 AFFIDAVIT of Kim Kirchoff pursuant to Rule 56(e) of the Federal Rules of Civil Procedure; Notice. (hp) (Entered: 07/28/2004)
10 MINUTE ORDER of 7/29/04 by Hon. Ruben Castillo : Status hearing held. Settlement conference set for 08/03/04 at 12:30 p.m. Clients with settlement authority are directed to appear. Defendant's motion for summary judgment is entered and continued to 08/03/04 at 12:30 p.m. [8-1] Mailed notice (hp) (Entered: 07/30/2004)
11 MINUTE ORDER of 8/3/04 by Hon. Ruben Castillo : Settlement conference held in chambers. Full confidential settlement reached subject to further review of consent decree language. This lawsuit is dismissed without prejudice subject to a dismissal with prejudice upon the filing of appropriate settlement documents on or before 09/10/04. Defendant's motion for summary judgment [8-1] is denied without prejudice as moot. Terminating case. Mailed notice (hp) (Entered: 08/04/2004)
12 MINUTE ORDER of 10/29/04 by Hon. Ruben Castillo: (Entered Consent Decree.) Mailed notice (gma) (Entered: 11/01/2004)

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