IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

SEP 9 2005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

~ ~1, Mllby, Clerk of Court

Plaintiff,
Vo
DA FA SHANGHI, INC. d/b/a IHOP

CIVIL ACTION NO.
tt 05-3364
JURY TRIAL DEMANDED

Defendant.

COMPLAINT

This is an action under Title VII of the Civil Rights Act of 1964, as amended, by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of sex and retaliation and to provide appropriate relief to a class of female employees, including but not limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez, who were adversely affected by Defendant Da Fa Shanghi Inc. d/b/a IHOP ("Defendant") unlawful practices. Since at least March 1, 2004, Defendant has subjected its female employees unwelcome comments and touching of a sexual nature and disparate terms, conditions and privileges of employment because of their sex, female. Defendant discharged and constructively discharged females who complained about the sexual harassment. The Commission also brings this action because Defendant destroyed employee records in violation under Title VII.
JURISDICTION AND VENUE 1. Pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345, the United States District Court

has jurisdiction over the subject matter of this civil action. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
3. The unlawful employment practices alleged in this complaint were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or "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. § 2000(e)-5(f)(1) and (3). 5. Defendant Da Fa Shanghi Inc. d/b/a/HOP ("Defendant") is a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. 6. At all relevant times, Defendant has continuously been doing business in the State of Texas and the City of Baytown and has continuously had at least fifteen employees. 7. 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 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Delaughter, Johnson,
2

Hamilton, Wilson; and Mendez filed charges with the Commission charges alleging violations of Title VII byDefendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter.
8. Since at least March 1, 2004, Defendant engaged in unlawful employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), at its Houston location. Since at least March 1, 2004, Defendant engaged in unlawful employment practices, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), at its Houston location.
9. Since at least March 1, 2004, one of Defendant’s managers, Mohammad ("Bobby") Khan, subjected a class of female employees, including but not limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez, to unwelcome comments and touching of a sexual nature and disparate terms, conditions and privileges of employment because of their sex, female. The conduct included asking them out on dates, attempting to kiss them, touching their breasts and buttocks and forcibly attempting to have them touch his groin area. Khan also offered them money to have sex with him and another woman. The female employee’s resisted his sexual advances but had no avenue to complain. Instead, some filed criminal charges against Khan.
10. Afler the females rejected his advances, andin some cases filed criminal complaints, Khan discharged and/or constructively discharged Erica Johnson; Holly Hamilton; and Wendi Wilson.
11. Since at least March 1, 2004, Defendant has failed, in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether tmlawful employment practices have been or are being committed. Specifically, Defendant

has destroyed all employment records related to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez.
12. The effect of the practices complained of in the preceding paragraphs has been to deprive a class of female employees, including but not limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
13. The effect of the practices complained of in the preceding paragraphs has been to deprive a class of female employees, including but not limited to, Erica Johnson; Holly Hamilton; and Wendi Wilson of equal employment opporttmities and otherwise adversely affect their status as employees because they opposed the harassment and filed charges of discrimination.
14. The unlawful employment practices of which the Commission complains in the preceding paragraphs were and are intentional.
15. The unlawful employment practices complained of in the preceding paragraphs were and are done with malice or reckless indifference to the federallyprotected rights of a class of female employees, including but not limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez. "
PRAYER FOR RELIEF 16. 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 engaging in any employment practice which discriminates on the basis of sex; B. Grant a permanent injunction enjoining Defendant, its office~rs, successors, assigns,
4

and all persons in active concert or participation with it, from engaging in any

unlawful retaliation against individuals who oppose employment practices reasonably

believed to be unlawful under Title VII, or against individuals who assist, encourage,

and/or support others who oppose employment practices reasonably believed to be

unlawful under Title VH..

Co

Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment.opportunities for applicants and employees regardless of

their sex, and which eradicate the effects o fits past and present unlawful employment

practices;

Do

Order Defendant, to make whole a class of female employees, including but not

limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and

Laura Mendez by providing appropriate back pay .with prejudgment interest, in

amounts to be proved at trial, and other affirmative relief necessary to eradicate the

effects of unlawful employment practices, including but not limited to reinstatement,

or, in the alternative, to provide front pay.

Eo

Order Defendant to make whole a class of female employees, including but not

limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and

Laura Mendez by providing compensation for past and future pecuniary losses

resulting from the unlawful employment practices described in the preceding

paragraphs.

Fo

Order Defendant to make whole a class of female employees, including but not

limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and

Laura Mendez by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in the preceding paragraphs, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trail. G. Order Defendant, to pay a class of female employees, including but not limited to Mary Delaughter; Erica Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez punitive damages for its malicious and reckless conduct, as described above, in an amount to be determined at trial. H. Order Defendant to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e8(c), relevant to the determination of whether unlawful employment practices have been or are being committed. I. Grant such further relief as the Court deems necessary and proper in the public interest. J. 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, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS
6

Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
Sacfi’er ional Attorney uston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3398
Su~staita~ .... Attorney-in-Charge Texas Bar No. 19523560 Southern District I.D. No. 11850 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3400 Fax: (713) 209-3402
7

JS 44

(Rev. 07/89)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form,

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpuse of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

l(a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS DA FA SHANGHI, INC. d/b/a IHOP

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF ~ (EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S.

(C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Rudy Sustaita, Senior Trial Attorney
EEOC-Houston District Office
1919 Smith SWeet, 7th Floor Houston, Texas 77002
(7 ! 3) 209-3400

05-3 3 64

II. BASIS OF JURISDICTION 0~LACEA~xt~O~OXO~V)

[x] 1 U.S. Government Plaintiff
[] 2 U.S. Government Defendant

[] 3 Federal Question (U.S. Government Not a Party)
[] 4 Diversity (Indicate Citizenship of Parties in Item II1)

III. CITIZENSHIP OF PRINCIPAUPARTIES

(Tor Diversity Cases O~ly) ~o~

PTF DEF

PTF DEF

Citizen of This State []1 []1 Incorporated or Principal Place [ ] 4 [ ] 4

of Business In This State

Citizen of Another State [ ] 2 [ ] 2 Incorporated and Principal Place [ ] $ [ ] 5

of Business in Another State

Citizen or Subject of a []3 []3 Foreign Nation

[ ] 6 [ ] 6

Foreign Country

IV. CAUSE OF ACTION Icms’r~us CIVILSTATUTEUNDERWHICHYOU AREFILUNGANDWP~I’EABRU~STATEME~N’TOFCAUSF- DONOTCITEJUR[SDICTIONALSTATUTESUNLESSDIVERSITY) This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a)(1), 2000e-3(a) and 2000e-8(c). The EEOC alleges that Defendant violated Title VII by discriminating on the basis of sex and retaliation. The EEOC also alleges that Defendant violated Title VII by destroying employment related documents. The EEOC seeks appropriate relief for a class of female employees, including but not limited to Mary Delaughter; Edca Johnson; Holly Hamilton; Wendi Wilson; and Laura Mendez, who were adversely affected by Defendant Da Fa Shanghi Inc. d/b/a IHOP ("Defendant") unlawful practices.

V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT

TORTS

[] 110
[] I20
[] 130 MtllcfA~t [] 140 Neguttable lmsmanem ] /50 ~of~t &
[] 151 ’[152 ~of~ ~ ~t ~ ~1 V~) ] 153 ~of~tof
[] 160 s~’
[] ~9o ~
[] 195 Co
REAL PROPERTY
[] 210 ~ Condemmtm [] 220 [] 230 Rlmt Lease & Ejeclmem [] 240 TO~S to Land
[] 245 [] 290

PERSONAL INJURY [] 310 A~pl~me [] 315 Aaptam ~duct Labday [] 320 ~ [] 330 F~ ~ 340 ~ [] 345 ~
[] 350
[] 360
CI~L ~GHTS
[] u~ ~-,.,
[x] ~2
[] ~3
[] ~ [] ~o ~c,~

PERSONAL INJURY ] 362 P~,oml
[] 36.f~
] 368 Asbest~,
PE~ON~ PROPER~ [] 370 [] 371
[] 3so
[] ~tl~
PRISONER PETITIONS [] 510 Mou~tovacate Senteme
Habeas C~ [] 530 ~
[] ~0 ~ [] SS0 ~

FORFEITURE/PENALTY
[] 610 Agncu~ttae [] 620 0~" FoM & DIns
[]6~252~I~,u~ss~~~of
[] 630 ~ ~
[] ~o ~"~ [] 6So ~ ~
[] 660 ~u~ ~f~ [] 690
L~OR [] 710 Fatr Lalx¢ Standard~ Act
[] 720 ~ P~ [] ~30~ ~s
[] 740 ~Y~
[] 790 ~ ~ hu~u~

BANKRUPTCY
[] 422 Appeai2SUSC lSS [] 423 W,thdra~,a~ 2s use Is7
PROPERTY RIGHTS
[] slo c~r~.g~
[] 830 Vate~t
[] s4o T~.~
SOCIAL SECURITY
[] 861 IllA(1395fl)
[] 86:l m~k L~S(923)
[] 863 DP,VCtDIWW
[] s64 ss~o’r,t~ xv~
[] 865 RS! (4os(g))
FEDERAL TAX SUITS
] 870 Taxes (U S plalnttffor
[] 871 IRS-’llmdParty26USC 7~O9

OTHER STATUTES
[] 400 State n ’till)
[] oo [] 4~
[] 460
[] sl0 ~=’~
[]
[] S91
[] 892 ~
[] s94 ~
] 900 ~ [] 950 [] 890 ~

VI. ORIGIN [x] i o~i#l
Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from [] 3 Remanded from

State Court

Appellate Court

[] 4 Reinstated or Reopened

Transferred from [] S another district (specify)

Appeal to District

[] 6 Multidistrlct

[] 7 Judge from

Litigation

Magistrate Judgment

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

[] UNDER F.R.C.V. 23

DEMAND $

Check YES only if demanded in complaint: ~.v o.,~..,, [X] YES [1 NO

VIII. RELATED CASE(S) IF ANY (s~

JUDGE

DOCKETNUMBER

UNITED S:ATES’ DISTRICT COURT

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

WENDI WILSON, MARY DELAUGHTER, §

ERICA JOHNSTON, HOLLY HAMILTON, §

and LAURA MENDEZ,

§

Intervenors,

§

§

~

§

§

DA FA SHANGHI, INC., D/B/A IHOP

§

Defendants.

§

CIVIL ACTION NO. H-05-3364

ORIGINAL PETITION IN INTERVENTION

C()ME NOW, Wendi Wilson, Mary Delaughter, Erica Johnston, Holly

Hamilton and Laura Mendez, Intervenors, and file this Original Petition in

Intervention, and would show the Court as follows:

I.

Intervenors reside in Harris County, Texas. Intervenors were employed by

mop as servers and are a part of a class of female employees who were adversely

affected by Defendant's unlawful practices.

Plaintiff, Equal Employment Commission, has made an appearance in this

case and will be served with a copy of this Petition in Intervention through its

attorney of record.

1

Defendant, Da Fa Shanghi Inc., d/b/a mop, has been served with a copy of
Plaintifrs Complaint, but has not filed its answer. A copy of this Petition in Intervention will be served on Defendant through its attorney of record.
II. Venue is proper as to Intervenors' claims against Defendant because the unlawful employment practices alleged in this Original Petition in Intervention were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
III. All conditions precedent to Intervenors' and Plaintiff's right of recovery have occurred in this case.
IV. This action is brought pursuant to Rule 24 of the Federal Rules of Civil Procedure. Intervenors have a justiciable interest in the action pending in this Court because Intervenors are a part of a class of female employees who have been subjected to unwelcome comments and touching of a sexual nature and disparate terms, conditions and privileges of employment because of their sex. The conduct included asking them out on dates, attempting to kiss them, touching their breasts and buttocks and forcibly attempting to have them touch the groin area of their manager~, Mohammad "Bobby" Khan.
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Intervention is essential to protect Intervenors' interests, which otherwise will be detennined in these proceedings in Intervenors absence. Intervenors' claims are of the same type as those already raised by the Plaintiff and therefore will not complicate this litigation with a multiplicity of issues.
Wherefore, Intervenors respectfully request judgment against Defendant, and for such other relief to which Intervenors may show themselves entitled.
Respectfully submitted, L.MITCHELL
ATTORNEY FOR INTERVENORS
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served in compliance with Rule 5 of the Federal Rules f Civil Procedure on the 20th day of January 2006.
3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

§

Plaintiff,

§

§

and

§

§

WENDI WILSON, MARY DELAUGHTER, §

ERICA JOHNSON, HOLLY HAMILTON, and §

LAURA MENDEZ,

§

§

Plaintiff-Intervenors,

§

§

v.

§

§

§

DA FA SHANGHI, INC. d/b/a IHOP,

§

§

Defendant.

§

---------------------------------§

CIVIL ACTION NO. H-05-3364

ORDER ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT

Upon Plaintiffs' oral motion for a default judgment made on March I, 2007,

a hearing was set by this Court for May 22,2007. Defendant Da Fa Shanghi, doing

business as IHOP ("Defendant") was served with notice of the hearing by Plaintiff

United States Equal Employment Opportunity Commission pursuant to the Federal

Rules ofCivil Procedure as well as the Local Rules ofthe Southern District ofTexas.

Despite such notice, Defendant did not appear for the May 22, 2007 hearing.

After reviewing the evidence and testimony at the hearing, the Court finds that the requirements of Rule 55 have been satisfied. The Court, therefore, GRANTS Plaintiffs' Motion for Default Judgment and renders judgment against Defendant Da Fa Shanghi, doing business as IHOP ("Defendant").
Defendant is ordered to pay Plaintiff-Intervenor Mary DeLaughter in the amount of $40,000.00 in damages that it caused her.
Defendant is ordered to pay Plaintiff-Intervenor Holly Hamilton in the amount of$40,000.00 in damages that it caused her.
Defendant is ordered to pay Plaintiff-Intervenor Erica Johnson in the amount of $40,000.00 in damages that it caused her.
Defendant is ordered to pay Plaintiff-Intervenor Wendi Wilson in the amount of$40,000.00 in damages it caused her.
Defendant, its successors, assigns and all persons acting in concert with it are permanently enjoined from engaging in sex discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq. ("Title VII).
Defendant is permanently enjoined from making employment decisions on the basis of sex.
2

Defendant is permanently enjoined from discriminating against and/or harassing any employee on the basis of sex.
Defendant is permanently enjoined from engaging in or being a party to any action, policy or practice that has the effect ofharassing or intimidating any employee on the basis of sex.
Defendant is permanently enjoined from creating, facilitating or permitting the existence ofa work environment that is hostile to any employee through acts such as physical/verbal abuse and derogatory comments, on the basis of sex.
Defendant is permanently enjoined from discriminating or retaliating in any manner against any individual because he or she has made a charge, testified, assisted, or participated in any manner in the investigation by the Commission or court proceeding in connection with this case.
Defendant is permanently enjoined from revealing any information about Plaintiff Intervenors to any third parties who are potential employers, potential customers, or other individuals who could facilitate or influence employment opportunities, except the dates of hire, separation, job title, and compensation.
Defendant shall segregate all documents related to charges of discrimination filed by PlaintiffIntervenors as well as files related to this lawsuit and shall keep such documents in separate confidential folders.
3

Defendant shall not hire or offer employment to Mohammed Ansar Khan. Defendant shall maintain a complaint procedure that is designed to encourage employees to come forward with complaints regarding sex discrimination (including sex harassment) and retaliation regardless ofthe position held by the alleged harasser. Defendant must present for approval its complaint procedure to the Equal Employment Opportunity Commission by and through its Houston District Office counsel, Rudy Sustaita. Defendant shall maintain an effective sex harassment policy complaint procedure. Defendant must present for approval its sex harassment policy to the Equal Employment Opportunity Commission by and through its Houston District Office counsel, Rudy Sustaita. Defendant shall provide annual live, in-person Equal Employment Opportunity ("EEO") training to all its staff, including managers. Upon reasonable notice from the EEOC, Defendant shall allow the Commission to inspect its premises for compliance with this ORDER. Defendant shall bear the costs associated with administering and implementing the provisions of this ORDER. Defendant shall bear the costs incurred by the EEOC and PlaintiffIntervenors in this action.
4

This ORDER is final and binding on all parties to this action, including all principals, agents and successors in interest to Defendant, as well as any person acting in concert with them.
This is a Final Judgment. DONE THIS 22nd Day of May, 2007.
DAVID HITTNER UNITED STATES DISTRICT JUDGE
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 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?647810642828219-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:05-cv-03364

CLOSED, MOTREF

Equal Employment Opportunity Commission v. Da Fa Sjanghi Inc Assigned to: Judge David Hittner Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2005 Date Terminated: 05/22/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by James Sacher EEOC 1919 Smith St Ste 700 Houston, TX 77002 713-209-3398 Fax: 713-209-3402 Email: james.sacher@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rodolfo Lucio Sustaita EEOC Senior Trial Attorney 1919 Smith St 7th Fl Houston, TX 77002 713-209-3400 Fax: 713-209-3402 Email: rudy.sustaita@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Da Fa Sjanghi Inc doing business as IHop
Intervenor Plaintiff Mary Delaughter

represented by Mark L Mitchell Attorney at Law 510 Bering Ste 300

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Intervenor Plaintiff Holly Hamilton
Intervenor Plaintiff Erica Johnston
Intervenor Plaintiff Laura Mendez
Intervenor Plaintiff Wendi Wilson
Intervenor Defendant Da Fa Sjanghi Inc doing business as IHop

Houston, TX 77057 713-228-4300 Fax: 713-228-4391 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark L Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark L Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark L Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark L Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2005
09/29/2005 09/29/2005

#

Docket Text

1 COMPLAINT against Da Fa Sjanghi Inc (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 9/29/2005 (mmapps, ). (Entered: 09/29/2005)
Summons Issued as to Da Fa Sjanghi Inc , filed.(lfilmore, ) (Entered: 09/29/2005)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2005 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)

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09/29/2005
12/09/2005 01/09/2006 01/09/2006 01/12/2006 01/12/2006
01/23/2006 02/20/2006 02/20/2006 02/23/2006 02/24/2006 03/07/2006 03/08/2006

3 REDOCKETED FOR RENOTICING PURPOSE: ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2006 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)
4 SUMMONS Returned Executed as to Leo Change, as Director of. Da Fa Sjanghi Inc served on 11/30/2005, answer due 12/20/2005, filed.(sguevara, ) (Entered: 12/14/2005)
5 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 01/09/2006)
6 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 01/09/2006)
7 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 1/12/2006. Scheduling order to be issued. Appearances: Rodolfo Lucio Sustaita.(ERO:R.Konieczny), filed.(rkonieczny) (Entered: 01/12/2006)
8 SCHEDULING ORDER: Trial Term: March/April 2007. ETT: 4 days. Jury trial Amended Pleadings due by 5/1/2006 Joinder of Parties due by 3/1/2006 Pltf Expert Witness List due by 4/3/2006 Deft Expert Witness List due by 5/1/2006 Discovery due by 10/31/2006 Dispositive Motion Filing due by 11/30/2006 Non-Dispositive Motion Filing due by 11/30/2006 Joint Pretrial Order due by 2/23/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny ) (Entered: 01/12/2006)
9 MOTION to Intervene by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson, filed. Motion Docket Date 2/13/2006. (Attachments: # 1 Proposed Order)(jmarchand, ) (Entered: 01/23/2006)
10 ORDER granting 9 Motion to Intervene .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2006)
11 INTERVENOR COMPLAINT against Da Fa Sjanghi Inc filed by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson.(chorace, ) (Entered: 02/23/2006)
12 MOTION to Extend Joinder of Parties Deadline by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson, filed. Motion Docket Date 3/15/2006. (Attachments: # 1 Proposed Order)(chorace, ) (Entered: 02/23/2006)
13 ORDER, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 12 MOTION for Extension of Time Joinder of Parties Deadline.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/27/2006)
14 Mail Returned Undeliverable as to attorney Mark L Mitchell re: 10 Order on Motion to Intervene, filed. (ghassan, ) (Entered: 03/08/2006)
Copy of Order #10 renoticed to Atty. Mark L. Mitchell, filed. (ghassan, ) (Entered: 03/08/2006)

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03/15/2006 03/16/2006 02/19/2007 02/19/2007 02/23/2007 02/23/2007 02/23/2007 03/01/2007
03/23/2007
03/29/2007
04/23/2007
05/21/2007 05/22/2007

15 Mail Returned Undeliverable as to attorney Mark L Mitchell re: 13 Order, Motions Referred , filed. (ypippin, ) (Entered: 03/16/2006)
16 ORDER granting 12 MOTION for Extension of Time for Joinder of Parties Deadline, New Parties to be joined, with leave of court, by 6/1/2006.( Signed by Judge Stephen Smith ) Parties notified.(djustice, ) (Entered: 03/16/2006)
17 ORDER that parties are to exchange all trial exhibits on or before February 28, 207.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2007)
18 ORDER, Pretrial Conference set for 3/1/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2007)
19 Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 voir dire# 2 jury charge# 3 exhibit list# 4 witness list)(Sustaita, Rodolfo) (Entered: 02/23/2007)
20 Amended Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Amended Jury Charge)(Sustaita, Rodolfo) Modified on 3/2/2007 (ltien, ). (Entered: 02/23/2007)
21 TRIAL BRIEF by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 02/23/2007)
22 Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 3/1/2007. Oral motion by Plaintiffs for Entry of Default Judgment heard and granted. Order to issue. Appearances: Rodolfo Lucio Sustaita, Kathy Megas(Court Reporter: Stephanie Carlisle-Neisser), filed.(ealexander, ) (Entered: 03/02/2007)
23 ORDER Setting Hearing on Motion Motion Hearing set for 4/2/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner to address Plaintiff's Motion for Default Judgment.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/28/2007)
24 AMENDED ORDER Setting Hearing on Motion for Default Judgment Motion Hearing set for 4/23/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/30/2007)
25 SECOND AMENDED ORDER Setting Hearing on Motion for Default Judgment Motion Hearing set for 5/22/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 04/23/2007)
26 Agreed PROPOSED ORDER, filed. (Attachments: # 1 Proposed Order Default Judgment Order)(Sustaita, Rodolfo) (Entered: 05/21/2007)
27 Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 5/22/2007 on Motion for Default Judgment. Testimony taken. Written order to issue. Appearances: Rodolfo Lucio Sustaita, Kathy Megas.(Court Reporter: Ed Reed), filed.(ealexander, ) (Entered: 05/22/2007)

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05/22/2007 05/22/2007

Plaintiff's Exhibits from the Default Judgment Hearing placed in brown expandable folder and sent to the fileroom for retention in case of a notice of appeal, filed. (ealexander, ) (Entered: 05/22/2007)
28 ORDER ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT against Da Fa Sjanghi Inc. Case terminated on May 22, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 5/24/2007 (ealexander, ). (Entered: 05/23/2007)

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