,. Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 1 of 7

1 Anna Park, Esquire, SBN 164242

FILED

Gregory L. McClinton, Esquire, SBN 153553 nl

2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION' SEP 26 P112: 52

255 E. Temple Street, 4th Floor 3 Los Angeles, CA 90012

UWC~

Telephone: (213) 894-1053/Fax (213) 894-1301sy'

_

4

WU

Attorneys for Plaintiff

5 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

6

7

8

UNITED STATES DISTRICT COURT

9

NEVADA DISTRICT' CV-N-O1"()563-HDM-RAM

10

11 U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

12

)

)

13

Plaintiff,

)

)

14

)

)

15 v.

)

)

16 JOHN BRENNAN, SERGE RIGISICH, )

d/b/a/ LITTLE WALDORF SALOON, )

17 A PARTNERSHIP; ROOKIES, INC., )

A NEVADA CORPORATION; and

)

18 DOES 1-10, Inclusive.

)

Defendant(sl )

19

CASE ~
COMPLA~I=NT=----------------------------~
CIVIL RIGHTS SEXUAL HARASSMENT; SEX BASED HARASSMENT; RETALIATION 42 U.S.C. §§ 2000e et seq.
DEMAND FOR TRIAL BY JURY

20

NATURE OF THE ACTION

21

This is a sexual harassment, sex based harassment, and

22 retaliation action brought by the United States Equal Employment

23 Opportunity Commission (the "Commission") under Title VII of the

24 Civil Rights Act of 1964, as amended, to correct unlawful

25 employment practices on the basis of sex and to provide

0 26 appropriate relief to the Charging Party's, Kimberlee Benson,
27 Diana Smith and a class of similarly situated individuals who

28 were adversely affected by such practices. The Commission

1

•) Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 2 of 7

1 alleges Diana Benson and Kimberlee Benson and other similarly

2 situated individuals who are women were sexually harassed and

3 subjected to gender harassment during their employment with

4 Defendants, Little Waldorf Saloon, A Partnership and Rookies, A

5 Nevada Corporation hereafter referred to as ("Defendant

6 Employers"), affecting the terms and conditions of their

7 employment. Charging Parties, Benson, Smith, and other similarly

8 situated individuals were subjected to a hostile work environment

9 perpetuated by owners and supervisors.

10

The Commission also alleges that Benson, Smith and other

11 similarly situated individuals who had complained of the

12 harassment by owners and supervisors were subjected to

13 retaliation in the form of demotion, loss of wages, further

14 harassment, discipline and constructive discharge.

15

JURISDICTION AND VENUE

16

1. Jurisdiction of this Court is invoked pursuant to 28

17 U.S.C. sections 451, 1331, 1337, 1343 and 1345. This action is

18 authorized and instituted pursuant to section §§706(f) (l)and (3)

19 of Title VII of the Civil Rights Act of 1964, as amended, 42

20 U.S.C. §2000e-5(f) (1) and (3) and pursuant to § 102 of the Civil

21
.. 22
··r·' .
23

Rights Act of 1991, 42 U.S.C. §§1981A. 2. The employment practices alleged herein to be unlawful
were committed within the jurisdiction of the United States

24 District Court for the State of Nevada.

25 III 26 III 27 III

28

2

1 Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 3 of 7

1

PARTIES

2

3. Plaintiff Commission is an agency of the United States

3 of America charged with the administration, interpretation and

4 enforcement of Title VII, and is expressly authorized to bring

5 this action under §§706(f) (1) and (3) of Title VII, 42 U.S.C., §§

6 2000e-s (f) (1) and (3).

7

4. At all relevant times, "Defendant Employers," have

8 continuously been and are now doing business in the State of

9 Nevada and the Cities of Reno and Incline Village.

10

5. Plaintiff is ignorant of the true names and capacities

11 of "Defendant Employers," sued as DOES 1 through 10, inclusively,

12 and therefore Plaintiff sue said "Defendant Employers" by such

13 fictitious names. Plaintiff reserves the right to amend the

14 complaint to name the DOE "Defendant Employers" individually or

15 corporately as they become known. Plaintiff alleges that each of

16 the "Defendant Employers" named as DOES was in some manner

17 responsible for the acts and omissions alleged herein and

18 Plaintiff will amend the complaint to allege such responsibility

19 when same shall have been ascertained by Plaintiff.

20

6. It is further alleged on information and belief that the

21 named and unnamed defendants in the complaint are mere alter egos

22 of the "Defendant Employer". The remaining defendants are

23 properly named in the complaint.

24

7. All of the acts and failures to act alleged herein were

25 duly performed by and attributable to "Defendant Employers", each

26 acting as a successor, agent, employee or under the direction and

27 control of the others, except as specifically alleged otherwise.

28 Said acts and failures to act were within the scope of such

3

: Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 4 of 7

1 agency and/or employment, and each "Defendant Employers"

2 participated in, approved and/or ratified the unlawful acts and

3 omissions by other ""Defendant Employers" complained of herein.

4 Whenever and wherever reference to any act in this Complaint to

5 any act by a defendant employer or "Defendant Employers", such

6 allegations and reference shall also be deemed to mean the acts

7 and failures to act of each "Defendant Employers" acting

8 individually, jOintly and/or severally.

9

8. At all relevant times, "Defendant Employers" has

10 continuously been an employer engaged in an industry affecting

11 commerce within the meaning of §§ 701 (b), (g) and (h) of Title

12 VII, 42 U.S.C., §§ 2000e-1(b), (g) and (h) and §§ ll(b), (g), and

13 (h).

14

CONCILIATION

15

9. Prior to institution of this lawsuit, the Commission's

16 representatives attempted to eliminate the unlawful employment

17 practices alleged below and to effect voluntary compliance with

18 Title VII through informal methods of conciliation, conference

19 and persuasion within the meaning of section §§706(f) (1) and (3)

20 of Title VII, 42 U.S. C., §§2000e-5(f) (1) and (3). All

21 conditions precedent to the institution of this lawsuit have been

22 fulfilled.

23

STATEMENT OF CLAIMS

24

10. Since on or about February 2000, "Defendant Employers"

25 has engaged in unlawful employment practices at its facility in

26 Reno, Nevada in violation of §§706(f) (1) and (3) of Title VII, 42

27 U.S. C., §§2000e-5(f) (1) and (3). The unlawful sexual harassment

28 and sex based harassment in the form of verbal harassment

4

Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 5 of 7

1 directed at Benson, Smith and other similarly situated

2 individualswomen impacted the terms and conditions of their

3 employment and created a hostile working environment at

4 "Defendant Employers." These practices also included the

5 retaliation against constructive termination of the complaining

6 parties and other similarly situated individuals for having

7 complained about the work environment.

8

11. The impact of the aforementioned conduct deprived

9 Benson, Smith and other similarly situated individuals of equal

10 employment opportunities and to otherwise adversely impacted

11 their employment status because of their sex and also in

12 retaliation for engaging in a protected activity.

13

12. The unlawful employment practices complained of above

14 were and are willful within the meaning of §§706(f) (1) and (3) of

15 Title VII, 42 U. S. C., §§2000e-5 (f) (1) and (3).

16

13. The unlawful employment practices complained of above

17 were intentional and caused Benson, Smith and other similarly

18 situated individuals to suffer emotional distress.

19

14. "Defendant Employers" has acted with malice or reckless

20 indifference to the federally protected rights of Benson, Smith

21 and other similarly situated individuals by subjecting them to

22 harassment consisting of sexually charged conduct, derogatory

23 statements, obscene and vulgar language. Women were openly

24 called "bitches" "fucking cunts" and "unreliable piece(s) of

25 shit," as well as subjected to other derogatory and obscene

26 statements. When both Charging parties attempted to complain to

27 the owners about the harassment they were threatened with

28 termination. The Charging parties and other similarly situated

5

Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 6 of 7

1 individuals were also subject to retaliation for engaging in a

2 protected activity resulting in an adverse employment action.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this

5 Court:

6

A. Grant a permanent injunction enjoining "Defendant

7 Employers", its officers, successors, assigns and all persons in

8 ~ctive concert or participation with them, from engaging in any

9 employment practices that discriminate on the basis of sex or

10 from engaging in unlawful retaliation;

11

B. Grant a permanent injunction enjoining "Defendant

12 Employer," their officers, successors, assigns and all persons in

13 active concert or participation with them, from engaging in any

14 employment practice which discriminates on the basis of sex;

15

C. Order "Defendant Employers" to institute and carry out

16 policies, practices and programs which provide equal employment

17 opportunities for females which eradicate the effects of their

18 past and present unlawful employment practices;

19

D. Grant a judgment requiring "Defendant Employers" to pay

20 Benson, Smith and other similarly situated individuals

21 appropriate back pay, front pay and benefits in an amount to be

22 determined at trial including prejudgment interest;

23

E. Order "Defendant Employers" to make Benson, Smith and

24 other similarly situated individuals whole by providing

25 affirmative relief necessary to eradicate the effects of its

26 unlawful practices including, but not limited to, payment of

27 compensatory damages to Benson, Smith and other similarly

28 situated individuals and/or rightful place employment;

6

·r Case 3:01-cv-00563-HDM-VPC Document 2 Filed 09/26/2001 Page 7 of 7

1

F. Order "Defendant Employers" to pay Benson, Smith and

2 other similarly situated individuals punitive damages in an

3 amount to be determined at trial;

4

G. Grant such further relief as the Court deems necessary

5 and proper in the public interest; and

6

H. Award the Commission its costs in this action.

7

JURY DEMAND

8

The Commission requests a jury trial on all questions of

9 fact raised by its Complaint.

10

Respectfully Submitted By:

11

Nicholas Inzeo, Esquire

Acting General Counsel

12

Gwendolyn Reams, Esquire

Associate General Counsel

13

14 15 16
:: Date, 1jJ5/tOOI
19

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W.
~ ANNA P Regional Attorney

20

LOS ANGELES DISTRICT OFFICE

21

255 E. Temple Street, 4th Fl.

Los Angeles, CA 90012

22

23

24

25

26

27

28

7

 
 Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 1 of 7
ORiG\NAl

1 Anna Park, Esquire, SBN 164242 Gregory L. McClinton, Esquire, SBN 153553
2 u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
255 E. Temple Street, 4th Floor 3 Los Angeles, CA 90012
Telephone: (2l3) 894-l053/Fax (213) 894-1301
4 Attorneys for Plaintiff
5 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
6

7

8

UNITED STATES DISTRICT COURT

9

NEVADA DISTRICT

10

\ -,

11 U.S. EQUAL EMPLOYMENT

}

OPPORTUNITY COMMISSION,

}

12

}

}

13

Plaintiff,

}

}

14

}

}

15 v.

}

}

16 JOHN BRENNAN, SERGE RIGISICH, }

d/b/a/ LITTLE WALDORF SALOON, }

17 A PARTNERSHIP; ROOKIES, INC., }

A NEVADA CORPORATION;

}

18 Rookies II, LLC, and

}

DOES 1-10, Inclusive.

}

19

Defendant(s)}

CASE NO. CV Ol-N-OI-0563-HDM-RAM

First Amended COMPLAINT -

CIVIL RIGHTS

SEXUAL HARASSMENT; SEX BASED

- - - HARASSMENT; RETALIATION
42 U.S.C. §§ 2000e e~s~.

,'.\ rM
, :0
! l'
~t)
DEMAND FOR TRIAL BY UR~

-lJ

~ I' ~

J::>

:0

C

20
NATURE OF THE ACTION 21
This is a sexual harassment, sex based harassment, and
22
retaliation action brought by the United States Equal Employment 23
Opportunity Commission (the "Commission") under Title VII of the 24
Civil Rights Act of 1964, as amended, to correct unlawful
25 employment practices on the basis of sex and to provide
26
appropriate relief to the Charging Party's, Kimberlee Benson, 27
Diana Smith and a class of similarly situated individuals who 28
were adversely affected by such practices. The Commission

1

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 2 of 7

1 alleges Diana Benson and Kimberlee Benson and other similarly

2 situated individuals who are women were sexually harassed and

3 subjected to gender harassment during their employment with

4 Defendants, Rookies II, LLC, John Brennan and Serge Rigisch

5 Individually and d/b/a Little Waldorf Saloon, A Partnership and

6 Rookies, A Nevada Corporation hereafter referred to as

7 ("Defendant Employers H ), affecting the terms and conditions of

8 their employment. Charging Parties, Benson, Smith, and other

9 similarly situated individuals were subjected to a hostile work

10 environment perpetuated by owners and supervisors.

11

The Commission also alleges that Benson, Smith and other

12 similarly situated individuals who had complained of the

13 harassment by owners and supervisors were subjected to

14 retaliation in the form of demotion, loss of wages, further

15 harassment, discipline and constructive discharge.

16

JURISDICTION AND VENUE

17

1. Jurisdiction of this Court is invoked pursuant to 28

18 U.S.C. sections 451, 1331, 1337, 1343 and 1345. This action is

19 authorized and instituted pursuant to section §§706(f) (l)and (3)

20 of Title VII of the Civil Rights Act of 1964, as amended, 42

21 U.S.C. §2000e-5(f) (1) and (3) and pursuant to § 102 of the Civil

22 Rights Act of 1991, 42 U.S.C. §§1981A.

23

2. The employment practices alleged herein to be unlawful

24 were committed within the jurisdiction of the United States

25 District Court for the State of Nevada.

26 / / /

27 / / /

28 / / /

2

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 3 of 7

1

PARTIES

2

3. Plaintiff Commission is an agency of the United States

3 of America charged with the administration, interpretation and

4 enforcement of Title VII, and is expressly authorized to bring

5 this action under §§706(f) (1) and (3) of Title VII, 42 U.S.C., §§

6 2000e-5 (f) (1) and (3).

7

4. At all relevant times, "Defendant Employers," have

8 continuously been and are now doing business in the State of

9 Nevada and the Cities of Reno and Incline Village.

10

5. Plaintiff is ignorant of the true names and capacities

11 of "Defendant Employers," sued as DOES 1 through 10, inclusively,

12 and therefore Plaintiff sue said "Defendant Employers" by such

13 fictitious names. Plaintiff reserves the right to amend the

14 complaint to name the DOE "Defendant Employers" individually or

15 corporately as they become known. Plaintiff alleges that each of

16 the "Defendant Employers" named as DOES was in some manner

17 responsible for the acts and omissions alleged herein and

18 Plaintiff will amend the complaint to allege such responsibility

19 when same shall have been ascertained by Plaintiff.

20

6. It is further alleged on information and belief that the

21 named and unnamed defendants in the complaint are mere alter egos

22 of the "Defendant Employer". The remaining defendants are

23 properly named in the complaint.

24

7. All of the acts and failures to act alleged herein were

25 duly performed by and attributable to "Defendant Employers", each

26 acting as a successor, agent, employee or under the direction and

27 control of the others, except as specifically alleged otherwise.

28 Said acts and failures to act were within the scope of such

3

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 4 of 7

1 agency and/or employment, and each "Defendant Employers"

2 participated in, approved and/or ratified the unlawful acts and

3 omissions by other ""Defendant Employers" complained of herein.

4 Whenever and wherever reference to any act in this Complaint to

5 any act by a defendant employer or "Defendant Employers", such

6 allegations and reference shall also be deemed to mean the acts

7 and failures to act of each "Defendant Employers" acting

8 individually, jointly and/or severally.

9

8. At all relevant times, "Defendant Employers" has

10 continuously been an employer engaged in an industry affecting

11 commerce within the meaning of §§ 701 (b), (g) and (h) of Title

12 VII, 42 U.S.C., §§ 2000e-l(b), (g) and (h) and §§ ll(b), (g), and

13 (h).

14

9. If is further alleged on information and belief that the

15 John Brennan and Serge Rigisich and any unnamed Defendants in the

16 complaint are mere alter egos of the Defendants, Rookies

17 Incorporated and/or Rookies II, LLC., The remaining Defendants

18 are properly named in this complaint.

19

CONCILIATION

20

10. Prior to institution of this lawsuit, the Commission's

21 representatives attempted to eliminate the unlawful employment

22 practices alleged below and to effect voluntary compliance with

23 Title VII through informal methods of conciliation, conference

24 and persuasion within the meaning of section §§706(f) (1) and (3)
25 of Title VII, 42 u.s. C.. §§2000e-5(f) (1) and (3). All

26 conditions precedent to the institution of this lawsuit have been

27 fulfilled.

28

4

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 5 of 7

1

STATEMENT OF CLAIMS

2

11. Since on or about February 2000, "Defendant EmployersU

3 has engaged in unlawful employment practices at its facility in

4 Reno, Nevada in violation of §§706(f) (1) and (3) of Title VII, 42

5 u.S. C., §§2000e-5(f) (1) and (3). The unlawful sexual harassment

6 and sex based harassment in the form of verbal harassment

7 directed at Benson, Smith and other similarly situated individual

8 women impacted the terms and conditions of their employment and

9 created a hostile working environment at "Defendant Employers."

10 These practices also included the retaliation against

11 constructive termination of the complaining parties and other

12 similarly situated individuals for having complained about the

13 work environment.

14

12. The impact of the aforementioned conduct deprived

15 Benson, Smith and other similarly situated individuals of equal

16 employment opportunities and to otherwise adversely impacted

17 their employment status because of their sex and also in

18 retaliation for engaging in a protected activity.

19

13. The unlawful employment practices complained of above

20 were and are willful within the meaning of §§706 (f) (1) and (3) of

21 Title VII, 42 U.S. C., §§2000e-5(f) (1) and (3).

22

14. The unlawful employment practices complained of above

23 were intentional and caused Benson, Smith and other similarly

24 situated individuals to suffer emotional distress.

25

15. "Defendant Employers" has acted with malice or reckless

26 indifference to the federally protected rights of Benson, Smith

27 and other similarly situated individuals by subjecting them to

28 harassment consisting of sexually charged conduct, derogatory

5

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 6 of 7

1 statements, obscene and vulgar language. Women were openly 2 called Rbitches H Rfucking cunts H and Runreliable piece(s) of

3 shit,H as well as subjected to other derogatory and obscene

4 statements. When both Charging parties attempted to complain to

5 the owners about the harassment they were threatened with

6 termination. The Charging parties and other similarly situated

7 individuals were also subject to retaliation for engaging in a

8 protected activity resulting in an adverse employment action.

9

PRAYER FOR RELIEF

10

Wherefore, the Commission respectfully requests that this

11 Court:

12

A. Grant a permanent injunction enjoining RDefendant

13 EmployersH, its officers, successors, assigns and all persons in

14 active concert or participation with them, from engaging in any

15 employment practices that discriminate on the basis of sex or

16 from engaging in unlawful retaliation;

17

B. Grant a permanent injunction enjoining RDefendant

18 Employer,H their officers, successors, assigns and all persons in

19 active concert or participation with them, from engaging in any

20 employment practice which discriminates on the basis of sex;

21

C. Order RDefendant EmployersH to institute and carry out

22 policies, practices and programs which provide equal employment

23 opportunities for females which eradicate the effects of their

24 past and present unlawful employment practices;

25

D. Grant a judgment requiring RDefendant EmployersH to pay

26 Benson, Smith and other similarly situated individuals

27 appropriate back pay, front pay and benefits in an amount to be

28 determined at trial including prejudgment interest;

6

Case 3:01-cv-00563-HDM-VPC Document 27 Filed 01/14/2003 Page 7 of 7

1

E. Order "Defendant Employers" to make Benson, Smith and

2 other similarly situated individuals whole by providing

3 affirmative relief necessary to eradicate the effects of its

4 unlawful practices including, but not limited to, payment of

5 compensatory damages to Benson, Smith and other similarly

6 situated individuals and/or rightful place employment;

7

F. Order "Defendant Employers" to pay Benson, Smith and

8 other similarly situated individuals punitive damages in an

9 amount to be determined at trial;

10

G. Grant such further relief as the Court deems necessary

11 and proper in the public interest; and

12

H. Award the Commission its costs in this action.

13

JURY DEMAND

14

The Commission requests a jury trial on all questions of

15 fact raised by its Complaint.

16

Respectfully Submitted By:

17

Nicholas Inzeo, Esquire

Acting General Counsel

18

Gwendolyn Reams, Esquire

Associate General Counsel

19

20

21

22

23 Date: rz-~Lj/oV

24

7'

U.S. EQUAL EMPLOYMENT

OPPORTU

COMMISSION

1801

Street, N.W.

, D.C. 20507

25

26

LOS ANGELES DISTRICT OFFICE

27

255 E. Temple Street, 4th Fl.

Los Angeles, CA 90012 28

7

 
 Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 1 of 20

)

ORIGINAL

1 ANNA Y. PARK, CA State Bar No. 164242

GREGORY L. McCLINTON, CA State BarNo. 153553

2 CONNIE LIEM, TX State Bar No. 791113

DAVID OFFEN- SROWN, CA State Bar 063321

3 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

4 255 East Temple Street, 4th Floor

,.;k:;·~ I') h.. "J ~.-I ",.~_-··.'>,.wA

Los Angeles, CA 90012

f:'-- !~.:'·:I·\:'[D

5 Telephone: (213) 894-1053

Facsimile: (213) 894-1301

6 Attorn~s for Plaintiff

7 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION .

8 DOUGLAS K. FERMOILE, ESQUIRE ...•.. - - , - - p~

9 427 Ridge S t r e e t ' - u r-, :'i'';,

P.O. Box 3197

!)!$,T'Cl C" '

10 Reno, Nevada, 89505

Er~T to ,'; ,

r"-'

11 Attorneys for Defendant John Brennan, Serge Rigisich,

, JUN I 5 2004

12 Little Waldorf Saloon and

Rookies, Inc. 13
14

? COU.R~'.' (:: "'.~.
UNITED STATES DIS4cT

o
r- ..:-.
->- (.-
n ~'""~,-

'" - orTi
n' .....",-~-=
~_~= =2

~r-

-
W

Z W

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15

DISTRICT OF NEVADA

16

U.S. EQUAL EMPLOYMENT

CASE NO. CV-N-OI-0563-HDM-RAM

17 OPPORTUNITY COMMISSION,

18

Plaintiff,

19

v.

FINAL CONSENT DECREE

20 JOHN BRENNAN, SERGE RIGISICH,

d/b/a LITTLE WALDORF SALOON, A

21 PARTNERSHIP; ROOKIES INC., A

NEVADA CORPORATION, d/b/a

22 ROOKIES; ROOKIES II, LLC, A

NEVADA LIMITED LIABILITY

23 COMPANY, d/b/a LITTLE WALDORF

SALOON,

24

Defendants.

Hon. Howard D. McKibben, Chief Judge

25

26

27

28

Page 1 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 2 of 20
"

1 I. INTRODUCTION

2

This is an action brought by Plaintiff U.S. Equal Employment Opportunity

3 Commission ("Commission") against Defendants, Rookies, Inc., a Nevada Corporation d/b/a

4 Rookies Sports Bar, and Rookies II, LLC, a Nevada Limited Liability Company d/b/a The

5 Little Waldorf Saloon, John Brennan, Serge Rigisich as the alter egos, jointly and

6 individually ("Defendants") for alleged violations ofTitle VII ofthe Civil Rights Act of 1964

7 and Title I ofthe Civil Rights Act of 1991. The Commission alleges that from 1996 through

8 2001, Charging Parties Kimberlee Benson, Diana Smith, and a class of similarly situated

9 females were subjected to pattern and practice of sexual harassment at Defendants' two

10 facilities, The Little WaldorfSaloon located in Reno, Nevada and Rookies Sports Bar located

11 in Incline Village, Nevada. More specifically, the Commission alleges that Ms. Benson, Ms.

12 Smith and other similarly situated female employees were subjected to a pattern and practice

13 of sexual harassment committed by Serge Rigisich and John Brennan, Defendants' owners

14 and major share-holder. The Commission further alleges that as a result ofthe intolerable

15 working conditions, Ms. Smith, Ms. Benson and at least one other similarly situated

16 individual were subjected to constructive discharge in violation ofTitle VII when they were

17 forced to resign. All Defendants denied the allegations contained in Plaintiff's complaint and

18 maintain that no harassment of any nature took place at Defendants place ofbusiness. This

19 agreement is a compromise of a disputed claim and the payments made hereunder are not to

20 be construed as an admission ofliability on the part of the Defendants.

21 II. JURISDICTION

22

The Court has jurisdiction over the parties and the subject matter of this lawsuit,

23 pursuant to 28 U.S.C. Section 451,1331,1337,1343,1367 and 42 U.S.C. 2000e-5. The

24 Court shall retain jurisdiction ofthis action during the duration ofthe Decree for the purposes

25 ofentering all orders, judgments and decrees which may be necessary to implement the relief

26 provided herein or to otherwise effectuate the purposes of the Decree.

27 III. PURPOSES OF THIS DECREE

28

Page 2 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 3 of 20

1

In the interest of resolving this matter, and as a result of having engaged in

2 comprehensive settlement negotiations and Defendants (hereinafter referred to as "the

3 Defendants") have agreed that this action should be finally resolved by entry ofthis Consent

4 Decree ("Decree"). The Parties have entered into this Decree for the following purposes:

5 To provide appropriate monetary and injunctive relief;

6

A. To ensure that Defendants' employment practices comply with federal law;

7

B. To ensure training for Defendants' owners, managers and employees with

8

respect to their obligations under Title VII; and

9

C. To provide an appropriate and effective mechanism for handling harassment

10

complaints in the workplace;

1 1

D. To ensure a work environment free from hostility and retaliation; and

12

E. To ensure that complaints are handled properly.

13

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

14 IV. FINDINGS

15

A. The Court has jurisdiction over the Parties and the subj ect matter ofthis action.

16

The Complaint asserts claims that, if proven, would authorize the Court to

17

grant the relief set forth in this Decree.

18

B. The Court shall retain jurisdiction during the terms of this decree to ensure

19

compliance.

20

C. The terms and provisions of this Decree are adequate, fair, reasonable,

21

equitable and just. The rights of the Defendants, the Commission and those

22

for whom the Commission seeks reliefare protected adequately by this Decree.

23

D. This Decree conforms with the Federal Rules of Civil Procedure and Title VII

24

and is not in derogation of the rights and privileges of any person. The entry

25

of this Decree will further the objectives of Title VII and will be in the best

26

interest ofthe Parties.

27 III

28

Page 3 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 4 of 20

1 V. RESOLUTION OF CLAIMS

2

The Parties agree that this Decree resolves all claims arising out of Commission

3 Charge Nos.34B-AO-0794, and 34B-AO-0796 , and the complaint filed in this action, and

4 constitutes a complete resolution of all claims of discrimination on the basis of sex, female,

5 under Title VII that were made or could have been made by the Commission in this action.

6 The Decree does not, however, resolve any future charges or charges that may be pending

7 with the Commission other than the charges specifically referred to in this paragraph or those

8 that may be released by Eligible Claimants pursuant to this Decree. This provision has no

9 impact on the Commission and its ability investigate and proceed on future claims or any

10 claims currently being investigated, if any.

11 VI. DURATION AND SCOPE OF DECREE

12

The duration of this Decree shall be three (3) years from the date of entry of the

13 Decree ("Effective Date"), provided that Defendants have substantially complied with the

14 terms ofthis Decree. Defendants shall be deemed to have substantially complied ifthe Court

15 has not made any findings or orders during the term ofthe Decree that the Defendants (or any

16 of them) has failed to comply with any terms of this Decree. In the event that Defendants

17 have not substantially complied, the duration ofthis Decree may be extended by Court order

18 in order to effectuate its purposes. The Decree shall be deemed effective (the "Effective

19 Date") as of the date upon which the Court executes the Decree.

20

The provisions of this Decree shall apply to all of Defendants , facilities located in

21 Incline Village and Reno, NV., during the duration of this Decree.

22 VII. DECREE ENFORCEMENT

23

This Decree is and shall be binding on Defendants' present and future owners,

24 officers, directors, agents, trustees, administrators, successors, assigns, representatives

25 and employees.

26

If the Commission has reason to believe that the Decree has been breached, the

27 Commission may bring an action before this Court to enforce the Decree. Prior to

28

Page 4 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 5 of 20

1 initiating such action, the Commission shall notifY Defendants and their legal counsel of

2 record in writing of the nature of the dispute. This notice shall specifY the particular

3 provision(s) that the Commission believes haslhave been breached. A thirty (30) day

4 dispute resolution period ("Dispute Resolution Period") will be provided from the date of

5 notice, prior to the institution of any legal proceeding, absent a showing that the delay

6 will cause irreparable harm or undue prejudice to the Commission. The Parties agree to

7 cooperate with each other and use their best efforts to resolve any dispute referenced in

8 the Commission notice of dispute during the Dispute Resolution Period.

9

After the expiration of the Dispute Resolution Period, the Commission may initiate

lOan enforcement action in this Court, seeking all available relief, including an extension of

11 the duration of the Decree for such time as the Defendant(s) is/are shown to be out of

12 compliance, including attorney fees, costs, or any other relief the Court deems

13 appropriate.

14

The Commission may petition this Court for compliance with this Decree at any

15 time during which this Court maintains jurisdiction over this action. Should the Court

16 determine that Defendants have not complied with this Decree, in whole or in part, it may

17 impose appropriate relief, including but not limited to the imposition of attorneys fees and

18 costs on the Defendants and extension of the duration of this Decree for such a period as

19 may be necessary to remedy the Defendants' non-compliance.

20 VIII. INJUNCTIVE RELIEF

21

A. Non-Discrimination

22

1. Harassment Based on Sex

23

Defendant, their officers, agents, management (including all supervisory emp loyees),

24 successors, assigns, and all those in active concert or participation with them, or any ofthem,

25 hereby agree not to: (a) discriminate against persons on the basis of sex in the terms and

26 conditions of employment; (b) engage in or be a party to any action, policy or practice that

27 is intended or is known to them to have the effect of harassing or intimidating any female

28

Page 5 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 6 of 20

1 employee on the basis of her sex; and (c) create, facilitate or permit the existence ofa work

2 environment that is hostile to female employees.

3

2. Retaliation

4

Defendant, their officers, agents, management (including all supervisory employees),

5 successors, assigns, and all those in active concert or participation with them, or any ofthem,

6 hereby agree not to engage in, implement or permit any action, policy or practice with the

7 purpose of retaliating against any current or former employee or applicant ofDefendants, or

8 either of them, because he or she has in the past, or during the term of this Decree: (a)

9 opposed any practice made unlawful under Title VII; (b) filed a charge of discrimination

10 alleging such practice; (c) testified or participated in any manner in any investigation

11 (including without limitation, any internal investigation undertaken by Defendants),

12 proceeding in connection with this case and/or relating to any claim of a Title VII violation;

13 (d) was identified as a possible witness or claimant in this action; (e) asserted any rights

14 under this Decree; or (f) sought and/or received any relief in accordance with this Decree.

15

B. Posting

16

The Notice ofthe terms of this Decree, attached hereto as Exhibit A, shall be posted,

17 and remain, in at least one (1) clearly visible locations frequented by employees at all of

18 Defendants' facilities during the term of this Decree.

19

C. Revision and Distribution of Sexual Harassment Policy and Procedures

20

Within thirty (30) days of the effective date of this Decree, Defendants, shall modify

21 their harassment policy addressing sexual harassment and retaliation.

22

At all times, Defendants' sexual harassment policy shall, at a minimum, include the

23 following:

24

1. A strong and clear commitment to a workplace free of sexual

25

harassment under signature of Messrs. Serge Rigisich and John

26

Brennan;

27

2. A clear and comprehensive description of "sexual harassment"

28

Page 6 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 7 of 20

1

including examples;

2

3. A statement encouraging employees to come forward if they

3

believe that they have been harassed or retaliated against for

4

complaining about discrimination;

5

4. A description ofthe possible consequences, up to and including

6

termination that will be imposed upon violation of the policy

7

against sexual harassment and retaliation;

8

5. A statement of commitment to maximally feasible

9

confidentiality for persons who bring complaints of

10

discrimination and retaliation;

11

6. An assurance that persons who bring discrimination complaint

12

or witnessed such discrimination will not be subject to

13

retaliation;

14

7. A statement that Defendants' sexual harassment and anti-

15

retaliation policy applies to all persons, including owners,

16

management officials, supervisors, vendors, suppliers, third

17

parties, and customers; and

18

8. The contact information including name (if applicable), address,

19

and telephone number of persons both internal (i.e. human

20

resources) and external to Defendants (i.e. Commission and

21

outside consultant available to handle complaints concerning

22

Messrs Serge Rigisich and John Brennan, or other company

23

officials at a similarly high level of Defendants' corporate

24

hierarchy) to whom employees may report discrimination and

25

retaliation, including a written statement that the employee may

26

report the discriminatory behavior to designated persons outside

27

their chain of management.

28

Page 7 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 8 of 20

1

Defendants shall promptly issue their modified sexual harassment and anti-retaliation

2 policy and procedure statement to all employees. Each employee shall sign an

3 acknowledgment that they have received and read the policy. The same acknowledgment

4 shall be required of all newly hired employees at the start of their employment.

5

D. Establishment of Anti-Harassment!Retaliation Policies for Complaints

6

Regarding Messrs. Serge Rigisich and John Brennan and/or High Management

7

Officials

8

Within sixty (60) days ofthe Effective Date ofthis Decree, Defendants shall retain

9 and pay for the services of an independent EEO Consultant ("consultant") of the

10 Commission's choosing to establish effective policies against sexual harassment and

11 retaliation, conduct training and implement effective policies of taking and investigating

12 discrimination and retaliation complaints. This consultant's contact information shall be

13 published in Defendants' anti-discrimination and retaliation policy. This consultant will be

14 available for taking and investigating complaints regarding harassment, discrimination, and

15 or retaliation committed by Defendants' owners/major shareholders (Messrs. Serge Rigisich

16 and John Brennan), or by other similarly high level company officials.

17

The consultant will investigate harassment, discrimination and/or retaliation

18 complaints. After such complaint investigations, the consultant will recommend appropriate

19 remedial measures that Defendants must carry out. All costs incurred will be paid by

20 Defendants.

21

E. Training

22

Defendants shall retain this consultant to provide all current and new personnel,

23 including Messrs. Serge Rigisich and John Brennan, EEO training on sexual harassment and

24 retaliation. This training shall occur once every year for the term of this Decree, starting

25 within a reasonable period mutually agreed upon by the Parties, but no later than ninety (90)

26 days after the effective date of this Decree.

27

During the training seminar, either Defendant Serge Rigisich or John Brennan shall

28

Page 8 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 9 of 20

1 provide a statement to employees about the discipline that will be taken against supervisors,

2 mangers, and employees at all of Defendants' facilities who engage in acts of sexual

3 harassment or retaliation, permit sexual harassment or retaliation to occur at and of

4 Defendants' facilities, the importance of maintaining an environment free of sexual

5 harassment and retaliation, and Defendants' policy regarding sexual harassment and

6 retaliation referred to in paragraph IX of this Decree.

7

The Commission shall have the right to attend or participate in any or all such training,

8 at its sole discretion. Defendants will provide ten (10) days notice to the Commission prior

9 to each training, as outlined in herein at Section E.

10

At a minimum, the anti-discrimination training programs shall include the following:

11

l. Instruction on the requirements of all applicable equal employment

12

opportunity ("EEO") laws including, but not limited to its prohibition

13

against race, sex, and/or national origin harassment and retaliation;

14

2. A review of Defendants' anti-discrimination, non-retaliation policies

15

and any of the specific requirements of this Decree;

16

3. Training ofall management, and human resources personnel in dealing

17

with race, sex, and/or national origin harassment and discrimination

18

complaints, including but not limited to advising management and

19

supervisory personnel oftheir duty to actively monitor their work areas

20

to ensure employee compliance with Defendants' race, sex, and/or

21

national origin harassment policy and to report any incidents and/or

22

complaints of race, sex, and/or national origin harassment, and/or

23

retaliation of which they become aware. Training of management and

24

human resources personnel on race, sex, and/or national origin

25

harassment- and retaliation-related duties may be conducted separately

26

from training of non-managerial employees; and

27

4. Defendants' Serge Rigisich and/or John Brennan shall appear in person

28

Page 9 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 10 of 20

1

at all of the training sessions required under this Section in order to

2

reiterate Defendants' race, sex, and/or national origin harassment

3

policies, affirm that such harassment shall not be tolerated, and to

4

encourage employees who believe that they have been victims of such

5

harassment to utilize the complaint procedure established by

6

Defendants.

7

F. EEO Consultant

8

Within thirty (60) days of the Effective Date of this Decree, Defendants shall retain

9 the services of an EEO Consultant. Each party shall propose three (3) consultants to select

10 from. The Commission in its sole discretion, will then select from the list ofsix (6) proposed

11 consultants. The EEO Consultant will perform services to ensure compliance with this

12 Decree as outlined in §§ VIII D through VIII G infra. All costs incurred for the EEO

13 Consultant's services will be paid by Defendant.

14

G. Claimant-Specific Injunctive Relief

15

Within ten (10) days of the Effective Date of this Decree, Defendants' shall

16 expunge from the personnel files of each identified class member all references to the

17 charges of discrimination filed against Defendants' or their participation in this action. To

18 the extent that Defendants' must keep records of the charges of discrimination in order to

19 effectuate this Decree, such records shall be maintained separately and segregated from class

20 members' personnel files.

21

H. Record-Keeping and Reporting Requirements

22

1. Record-Keeping

23

DefendantsLshall maintain the following documents and will make them available to

24 the Commission within ten (10) days following a written request from the Commission to

25 Defendants.!:

26

a. All documents generated in connection with any complaint,

27

investigation into, or resolution of every discrimination or retaliation

28

Page 10 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 11 of 20

1

complaint for the duration of the Decree;

2

b. All forms acknowledging employees' receipt ofDefendants' revised or

3

modified anti-discrimination and retaliation policies;

4

c. A list of all attendees to training sessions required under this Decree;

5

d. All documents generated in connection with the monitoring and

6

counseling of employees determined to have engaged in behavior in

7

violation of Defendants' anti-discrimination and retaliation policies;

8

and

9

e. All documents generated in connection with confidential inquiries into

10

whether any complainant believes he/she has been retaliated against.

11

2. Reporting

12

a. Initial Reports

13

1. Within sixty (60) days of the Effective Date of this Decree, the

14

Consultant shall submit to the Commission a report which

15

contains:

16

(a) A statement confirming that the required Notice of

17

Terms of the Decree has been posted;

18

(b) The revised anti-discrimination and retaliation policy;

19

(c) All employee acknowledgment forms indicating receipt

20

ofthe revised anti-discrimination and retaliation policy;

21

Il. Confirmation of the establishment of a confidential complaint

22

mechanism to the consultant for receiving complaints

23

concerning Messrs Serge Rigisich, John Brennan or similarly

24

high company officials;

25

Ill. Confirmation that the Claimant-Specific injunctive relief has

26

been carried out;

27

IV. Copies of the all the consultant's investigative reports and

28

Page 11 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 12 of 20

1

proposed resolutions in response to discrimination complaints;

2

and

3

v. Confirmation that Defendantsl. complied with the consultant's

4

proposed resolutions of all discrimination complaints.

5

6

b. Periodic Reports

7

1. Ten (10) days prior to any training required under this Decree,

8

Consultant will mail by regular mail to the Commission:

9

(a) proposed anti-discrimination and non-retaliation

lO

training material;

11

(b) The identity of the person(s) and/or

12

organization(s) conducting the training programs;

13

and

14

(c) The dates, times and locations of each of the

15

training sessions.

16

lI. Within one hundred twenty (120) days of the Effective

17

Date of the Decree, and every six (6) months thereafter

18

for the duration of the Decree, Defendants will provide

19

the Commission a report containing the following

20

information:

21

(a) The attendance lists of all attendees for all

22

training sessions required under this Decree that

23

took place within the six (6) months prior to the

24

report;

25

(b) Acknowledgment of receipt of the anti-

26

discrimination/retaliation policies for all

27

employees hired within the preceding six (6)

28

Page 12 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 13 of 20

1

months period;

2

(c) Copies of all discrimination and retaliation

3

complaints, investigative reports and proposed

4

resolutions made since the submission of the

5

immediately preceding report hereunder;

6

(d) A statement of the result of each investigation

7

into the complaint. Ifno result has been reached

8

at the time of the report, the result shall be

9

included in the next report;

10

(e) The identities (by name, address and telephone

11

number) of the complainant and person who

12

received the complaint; and

13

(f) Copies ofthe confidential inquiries into potential

14

retaliation issued within the six (6) months prior

15

to the report.

16

1. Access

17

The Commission, upon reasonable notice, shall have the right to enter and inspect

18 Defendants' premises to insure compliance with this Decree and the Title VII's prohibitions

19 against sexual harassment and retaliation.

20 IX. NOTICE

21

Any notices required under this Decree to the Commission shall be sent to the

22 Regional Attorney, United States Equal Employment Opportunity Commission, 255 East

23 Temple Street, 4th Floor, Los Angeles, CA 90012.

24 III

25

26 X. MONETARY RELIEF

27

A. Named Claimants

28

Page 13 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 14 of 20

1

In settlement ofall monetary claims ofKimberlee Benson, Diana Smith, Dion Yriarte,

2 Joanna Roe, Allison Foster, Amanda Bosch, Stacy Albin (the "Class Members"), Defendants

3 shall pay a total monetary amount of Two Hundred Thousand Dollars ($ 200,000.00).

4 Allocation of settlement monetary amounts for each Class member shall be determined by

5 the Commission. Payments shall be sent by Defendants via certified mail to each Class

6 Member. Class members' current addresses shall be supplied by the Commission. Within

7 three (3) business days of the issuance, Defendants shall submit a copy of each check and

8 related correspondence to the Regional Attorney, United States Equal Employment

9 Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012.

10

Defendants shall prepare and distribute 1099 tax reporting forms to each Class

11 Member and shall make appropriate reports to the Internal Revenue Service and other tax

12 authorities. FICA and federal and state withholding taxes shall be deducted from the back-

13 pay amount only. Defendants shall pay the employer's share of FUTA and FICA on the

14 back-pay amount and shall not deduct it from the settlement amounts. For the purposes of

15 this settlement, backpay in the amount of$5,000.00 (2nd payment) shall apply only to Diana

16 Smith. All additional class member payments shall be characterized as non-economic

17 damages.

18

B. Allocation of Amounts

19

Acting in its discretion and subject only to final approval by the Court, if the Court

20 requires it, the Commission shall exclusively determine the eligibility ofClaimants for relief

21 under this Decree. In determining eligibility, the Commission shall consider the following

22 factors: (a) severity of the harassment, (b) duration ofthe harassment, and (c) extent of harm

23 suffered as a result, (e.g. whether the Claimant was subjected to physical touching ofa sexual

24 nature or to sexually charged comments).

25

Acting in its discretion and subject only to final approval by the Court regarding

26 objections as provided below, the Commission shall determine the portion ofthe Settlement

27 Fund that will be allocated to each of the Eligible Claimants. The amounts allocated to each

28

Page 14 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 15 of 20

-

1 Eligible Claimant shall reflect the factors enumerated above. This Decree contemplates that

2 there will be significant differences in awards to Eligible Claimants, but the maximum

3 compensatory and/or punitive damage award for any individual Eligible Claimant shall not

4 exceed the gross monetary amount provided for in 42 U.S.C. § 1981a (b) (3).

5

C. Schedule of Payments

6

The Commission shall provide to Defendants a schedule of payments within

7 10 days of execution of this Decree pursuant to the terms and conditions of this Decree

8 subject only to final approval by the Court, if the Court requires it. In any event, Defendants

9 shall pay $25,000 by on or before April 30, 2004. The remaining $175,000.00 shall be paid

10 in 7 equal bi-annual installments due May 30 and Nov 30 of each year with the final

11 installment due on May 30, 2007.

12

D. Collateral

13

Defendants shall provide as collateral and execute and record liens/judgment in the

14 County of Washoe, State ofNevada within 10 days ofthe effective date ofthis Decree on the

15 following real and personal property;

16

1. Real Property located at 575 West Ninth Street, Reno, Nevada, more

17 particularly known as: Multiple lots, including portion ofone or more lots; Lot: 1&2; Block

18 H; City: Reno; Subdivision: St Georges Addition; Brief Description: West 95 Ft Lots 1&2

19 Blk H; Assessor's Parcel Number: 007-162-10;

20

2. All inventory, goods, equipment, trade fixtures, contract rights, accounts,

21 chattel paper, instruments, good will, general intangibles and right to payment of every kind

22 now owned or hereafter acquired by Rookies, Incorporated and Rookies II, LLC.

23

3. Any and all interest either individually orjointly owned by Defendants in

24 Pescados Y Pescados De San Bias, a foreign corporation, company and/or partnership.

25

4. Defendants, John Brennan and Serge Rigisch shall be jointly and severally

26 liable for the monetary obligation of this agreement.

27

Defendants shall provide to the Commission certified copies of any and all liens and

28

Page 15 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 16 of 20

1 judgment within 5 days of recordation from entry of this Decree. Should Defendants fail to

2 record the aforementioned liens within thirty (30) days of entry of Decree, they will be

3 deemed in default and immediately subject to the terms and conditions in paragraphs 10 E

4 through 10 G.

5

E.

ACCELERATION IN THE EVENT OF DEFAULT

6

The Commission shall stay execution herein, unless and until Defendants default in

7 and to the terms and conditions ofthis agreement, as defined herein, and in the event ofsuch

8 a default, the Commission shall be entitled to accelerate the remaining unpaid balance,

9 declare all remaining amounts due, payable with an 10% interest rate, compounded and

10 retroactive to the date ofthe effective date ofthis Decree on the unpaid balance and proceed

11 to enforce all rights and remedies without further notice to any person or party, unless

12 otherwise agreed herein. All notices are waived, unless stipulated herein.

13

F. TERMS AND CONDITIONS OF DEFAULT

14

In the event of default as defined herein, which constitutes non payment of any

15 installment when due or 45 days late, whichever is later and/or noncompliance with any of

16 the provisions in paragraph X of this Decree. The Commission may without further notice

17 accelerate the entire unpaid balance, declare the total due and payment, without the necessity

18 of further court order, judgment or decree, and proceed to exercise any and all rights and

19 remedies to effectuate full collection ofthe outstanding judgment herein. Defendants during

20 the life of the payment program may request an 7 day extension to cure default payments.

21 Any request to cure must be submitted the Commission within the 45 day period. Should

22 the Commission, at its sole discretion, grant Defendants' request to cure default, Defendants'

23 shall be entitled to only 2 notices to cure for failure to pay any installment after the

24 expiration of the grace period for the duration of the payment program. Defendants'

25 request to cure shall be in writing and then shall only be sent by fax and/or overnight mail

26 to the Commission.

27

A default is further defined as the sale, bulk sale, change of name and/or ownership,

28

Page 16 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 17 of 20

1 closures outside the ordinary course of business, tennination ofthe business of Defendants'

2 herein, and/or the granting of any security interest by Defendants' to any of its officers,

3 directors, attorneys, shareholders, or other insiders (as defined under the United States

4 Bankruptcy Code herein),and all fonns of notice under this type of default is waived. After

5 default, Commission may proceed to collect judgment without notice to Defendants.

6

G. Liquidated Damages

7

Any breach or non-fulfilment of conditions of this agreement will be considered a

8 substantial breach ofthis agreement by Defendants. If there is such a breach, it is agreed that

9 the class members will be substantially damaged by Defendants failure to fulfill the

10 conditions ofthis agreement. Considering that the precise damages are difficult to calculate,

11 in the event of breach the Defendants agree to pay the sum of $100,000.00 to be divided

12 equally among the class members.

13

H. Waiver of Right to Bankruptcy Protections

14

Defendants agree that their obligations and liabilities under this agreement shall not

15 be dischargeable under the Bankruptcy Code, Title 11 of the U.S. Code enacted by the

16 Bankruptcy Refonn Act of 1978, P.L. 95-598. For Bankruptcy purposes only, it is agreed

17 that this debt is considered to have arisen from the "wilful and malicious" injury by the

18 Defendants to the class members pursuant to 11 U.S.C. §523(a)(6).

19

I. Allocation to Charitable. Non-Profit or Not-For-Profit Organization

20

In the event, the Commission after due diligence, is unable to locate any identified

21 class member, those funds allocated to that particular class member, will be given to an

22 organization addressing women's rights and/or employee's rights in the County of Washoe,

23 State of Nevada chosen by the Commission.

24 XI. MODIFICATION AND SEVERABILITY

25

This Decree constitutes the complete understanding of the parties with respect to

26 the matters contained herein. No waiver, modification or amendment of any provision of

27 this Decree will be effective unless made in writing and signed by an authorized

28

Page 17 of 19

CONSENT DECREE

.. " •

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 18 of 20

1 representative of each of the parties.

2

If one or more provisions of the Decree are rendered unlawful or unenforceable,

3 the parties shall make good faith efforts to agree upon appropriate amendments to this

4 Decree in order the effectuate the purposes of the Decree. In any event, the remaining

5 provisions will remain in full force and effect unless the purposes of the Decree cannot be

6 achieved.

7

By mutual agreement of the parties, this Decree may be amended or modified in

8 the interests ofjustice and fairness in order to effectuate the provisions of this Decree.

9 XII. COSTS

10

Each party shall bear their own costs and attorneys' fees in this action. All costs

11 associated with Defendants' compliance with this Decree and the distribution of the

12 settlement funds to class members shall be paid by Defendants, including without

13 limitation, all costs related to the issuance and mailing of checks.

14 III

15 III

16 III

17 III

18 III

19 III

20 III

21 III

22 III

23 III

24 III

25 III

26

All parties, through the undersigned, respectfully apply for and consent to the entry

27 of this Consent Decree Order.

28

Page 18 of 19

CONSENT DECREE

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 19 of 20
, I

1

~ 2 Dated:

W ,2004

3

By. f{~a$.hrRi? C2
Regional Attorney

4

5

6

7

8

('M.'1

Dated:~-1-, 2004

9

Gregory L. McClinton Connie Liem David Offen-Brown Trial Attorneys
Attorneys for Plaintiff U.S. EQUAL
By:

10

11

12 13

DateMdA~) ~, 2004

John Brennan, Individual

Serge Rigisich, Individual

Rookies Inc~ed

Rook-ie

I:(,;'LLC/
~.

By:

14

15

16

~ 17 Dated:

2 ~2004

By:

18

19

20

21

FOR GOOD CAUSE HAVING BEEN SHOWN.

22

23 IT IS SO ORDERED:

24 25

~%~~~

Chief Judge, U.S. District Court

26

27

28

Page 19 of 19

CONSENT DECREE

, :

.. j

...

Case 3:01-cv-00563-HDM-VPC Document 57 Filed 06/14/2004 Page 20 of 20

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Los Angeles District Office

255 E. TEMPLE STREET, 4TH FLOOR

LOS ANGELES, CALIFORNIA 90012 1-800-669-4000 (213)894-1083

TDD (2l3) 894-1121

FAX (2l3) 894-1301

NOTICE OF SETTLEMENT AND CONSENT DECREE

TO:

ALL EMPLOYEES OF ROOKIES, INC" D/B/A ROOKIES SPORTS BAR

The U,S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the United States District Court for the District of Nevada againstJohn Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, A Partnership; Rookies Inc., A Nevada Corporation d/b/a Rookies; Rookies II, LLC, A Nevada Limited Liability Company, d/b/a Little WaldorfSaloon and Does 1-10 Inclusive, hereafter referred to as "Rookies," Case Number CV-N-OI-0563-HDM-RAM. The lawsuit was brought by the EEOC on behalf of identified individuals and a class of similarly situated women, alleging that they had been subjected to sexual harassment, and retaliation when they opposed such harassment. Rookies, Inc., John Brennan, and Serge Rigisich settled the case by entering into a "Consent Decree" with the EEOC and paying monetary relief.

Pursuant to the Consent Decree, Rookies is providing notice to all of its employees that it will not tolerate discrimination of any kind. Alleged violations of our policy against harassment and discrimination will be thoroughly investigated. Individuals found to have violated that policy will be subject to discipline up to and including termination of employment. All employees will undergo training to correct and prevent unlawful harassment and discrimination towards employees.

Federal law requires that there be no sexual harassment, sex-based harassment, or discrimination against any employee or applicant for employment because of a person's age, disability, race, sex, color, religion or national origin, with respect to hiring, compensation, promotions, discharge, terms and conditions or privileges of employment.

Rookies is committed to complying with federal anti-discrimination laws in all respects. Rookies will not tolerate sex harassment, or discrimination against any persons because of their sex, national origin, age, race, color, religion, or disability; and will not tolerate retaliation against any employee because of the filing of a charge of discrimination, giving testimony or assistance, or participation in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1990, the Americans with Disabilities Acts or the Equal Pay Act.

If you believe that you have been sexually harassed, discriminated against because of your sex, national origin, age, race, color, religion, or disability by Rookies, you may follow Rookies internal procedure and/or you may seek assistance from:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor Los Angeles, CA 90012 TELEPHONE NUMBER: (800) 669-4000

You may obtain a copy of the settlement document ("Consent Decree") at your expense. To obtain a copy, you must contact the Office of the U.S. District Court Clerk at 312 N. Spring Street, Los Angeles, CA 90012.

 
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United States District Court District of Nevada (Reno) CIVIL DOCKET FOR CASE #: 3:01-cv-00563-HDM-VPC

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. JOHN BRENNAN, ET AL. Assigned to: Judge Howard D. McKibben Referred to: Magistrate Judge Robert A. McQuaid, Jr
Magistrate Judge Valerie P. Cooke (Settlement)

Date Filed: 09/26/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff U.S. Equal Employment Opportunity

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory L. McClinton United States Equal Employment Opportunity Commission Legal unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: Gregory.McClinton@EEOC.Gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant John Brennan

represented by Dan C. Bowen Lionel, Sawyer & Collins 50 W. Liberty St Suite 1100 Reno, NV 89501 775-788-8666 Email: dbowen@lionelsawyer.com TERMINATED: 07/11/2002 LEAD ATTORNEY

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Defendant Little Waldorf Saloon
Defendant Serge Rigisich
Defendant Rookies II LLC Defendant Rookies, Inc.

ATTORNEY TO BE NOTICED
Douglas K. Fermoile Douglas K. Fermoile Attorney at Law 427 Ridge Street P.O. Box 3197 Reno, NV 89501 (775) 322-3676 Fax: (775) 322-5673 Email: dkflaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dan C. Bowen (See above for address) TERMINATED: 07/11/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas K. Fermoile (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dan C. Bowen (See above for address) TERMINATED: 07/11/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas K. Fermoile (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dan C. Bowen (See above for address) TERMINATED: 07/11/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas K. Fermoile (See above for address) LEAD ATTORNEY

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Date Filed
09/26/2001 09/26/2001 10/05/2001 10/12/2001 10/12/2001 12/14/2001 12/17/2001
12/17/2001 12/17/2001
12/20/2001
01/30/2002
02/05/2002 02/13/2002
02/13/2002 03/14/2002

ATTORNEY TO BE NOTICED

#

Docket Text

0 MISCELLANEOUS DOCUMENT ORIGINAL HARD COPY DOCKET SHEET (Entered: 03/13/2003)

1 MISCELLANEOUS DOCUMENT Civil Cover Sheet (Entered: 02/10/2003)

2 COMPLAINT Complaint obo P (Entered: 02/10/2003)

3 CERTIFICATE OF INTERESTED PARTIES obo P; (Entered: 02/10/2003)

SUMMONS ISSUED as to Ds: Rookies Inc. and John Brennan, Serge rigisich dba Little Waldorf Saloon; (Entered: 02/10/2003)

4 NOTICE (OTHER) re need to file VP/Desig/Loc/Cnsl sent to Anna Park and Gregory McClinton cnsl for P; (Entered: 02/10/2003)

MISCELLANEOUS DOCUMENT no text (Entered: 02/10/2003)

6 DECLARATION of service as to LITTLE WALDORF SALOON by srvng John Brennan on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)

7 DECLARATION of service as to ROOKIES INC. by srvng Jodie Sellers on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)

5 ANSWER TO COMPLAINT w/jury demand obo Ds, John Brennan, Serge Rigisich, Little Waldorf Sloon, & Rookies Inc. (m) (Entered: 02/10/2003)

8 ORDER ORD ENE session sched for 1/29/02 @ 1:30 pm; ENE evaluation statements due in chambers by 4:00 pm on 1/22/02. (Entered: 02/10/2003)

9 MISCELLANEOUS HEARING ENE/SESSION dtd 1/29/02: ORD the tape of this prcdng is sealed (ptys hv not been able to negotiate settlmnt at this time). (Tape #2002-16) (Entered: 02/10/2003)

10 ORDER ORD ptys hv period of 5-dys from receipt of this M/O w/in wh to submit disc plan & S/O. (Entered: 02/10/2003)

12 NOTICE (OTHER) of lodging original signature page of Gregory L. McClinton, cnsl for P, for disc plan & S/O (#11) obo Ds; (Entered: 02/10/2003)

11 ORDER ON STIPULATION ORD disc c/o 11/1/02; disp mtns due 12/2/02; prpsd jnt PTO due 1/3/03; (Entered: 02/10/2003)

13 MOTION FOR MISCELLANEOUS RELIEF to permit appearance of gov't attys during the duraction of their employment as attys for the US

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04/09/2002 07/11/2002
10/09/2002 10/10/2002
11/14/2002 11/14/2002
11/14/2002 11/15/2002 11/19/2002 12/10/2002 12/10/2002 12/16/2002 12/18/2002
01/14/2003
01/14/2003 01/15/2003

Equal Oportunity commission obo P (m) (#14-ord granted) (Entered: 02/10/2003)
14 ORDER P 's mtn to permit the appearance of governmnt attorneys #13 is granted. (Entered: 02/10/2003)
15 ORDER WITHDRAWAL/OF/COUNSEL: ORD Dan C. Bowen (Lionel Sawyer & Collins) is withdrawn as co-cnsl for Ds John Brennan, Serge Rigisich, Little Waldorf Saloon and Rookies; (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip for ext of disc c/o date; (Entered: 02/10/2003)
16 ORDER ON STIPULATION ORD disc c/o ext to 3/14/03; disp mtns due 4/1/03; jnt PTO due 5/15/03; no fur ext will be granted; (Entered: 02/10/2003)
17 MOTION TO COMPEL D, Rookies Inc. to comply with Ps req for interrogatories obo P (m) (Entered: 02/10/2003)
18 MOTION TO COMPEL Ds John Brennan, Serge Rigisich d/b/a Little Waldorf Saloon to comply with Ps req for interrogatories obo P (m) (Entered: 02/10/2003)
19 DECLARATION of Gregory L. McClinton in support of Ps mtns to compel (#17/18) obo P (m) (Entered: 02/10/2003)
20 MOTION TO COMPEL Ds to produce initial disclosures obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)
21 MOTION FOR ATTORNEY FEES obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)
22 RESPONSE IN OPPOSITION TO MOTION to mtn to compel re interrogs #18 obo Ds. (m) (Entered: 02/10/2003)
23 RESPONSE IN OPPOSITION TO MOTION to mtn to compel initial disclosures #20 obo Ds. (m) (Entered: 02/10/2003)
24 ORDER ORD hrng re various mtns sched for 1/30/03 @ 1:30 pm. Mr. McClinton & Mr. Fermoile hv been notified. (Entered: 02/10/2003)
25 MOTION FOR MISCELLANEOUS RELIEF to amend cmplnt w/prpsd order and amended cmplnt attached obo P (fld sep due to size) (m) (Entered: 02/10/2003)
26 ORDER ORD Ps mtn for leave to amend cmplnt (#25) granted. P sh srv the amended cmplnt forthwith on all ptys. Rookies, II, LLC sh hv 20-dys frm dt of service to file its answer. FUR ORD ptys meet and confer and submit to this crt a revised disc plan & S/O. (Entered: 02/10/2003)
27 AMENDED COMPLAINT First obo P (adding: Rookie II LLC) (Entered: 02/10/2003)
28 REPLY TO RESPONSE TO MOTION to Ds oppo to mtn to compel

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01/31/2003
02/07/2003 02/19/2003
04/29/2003
04/30/2003 04/30/2003 05/14/2003 09/19/2003 10/20/2003 10/20/2003 10/22/2003 10/22/2003
10/22/2003 10/24/2003
12/04/2003
12/18/2003

initial disclosures (#20) obo P (m) (Entered: 02/10/2003)
29 MISCELLANEOUS HEARING dtd 1/30/03 re #s 17/18/20/21 - the mtn to compel interrogs #s 17/18 are granted; P's mtns to compel initital disclosures #s 20/21 are denied as moot; the crt withdraws its order of 1/24/03 #26 tht parties shl submt a new discv pln/ (Entered: 02/10/2003)
SUMMONS ISSUED as to Rookies II LLC; (Entered: 02/10/2003)
30 ANSWER TO COMPLAINT to 1s amended cmplnt w/jury demand obo Ds Brennan, Rigisich, Rookies II and Rookies Inc. (m) (Entered: 02/19/2003)
31 ORDER ON STIPULATION ORD disc c/o extended to 8/18/03; disp mtns now due 9/18/03; prpsd jnt PTO due 10/18/03. There sh be no further extensions granted. (Entered: 04/30/2003)
32 MOTION TO COMPEL DEPOSITN PURSNT TO frcp 30(B)(6) obo Ps. (m) (Entered: 05/01/2003)
33 MOTION FOR MISCELLANEOUS RELIEF Mtn for sanctions obo Ps. (m) (Entered: 05/01/2003)
34 ORDER ORD Ps mtn to compel depo and mtn for sanctions (#32 & #33) denied as moot; (Entered: 05/15/2003)
35 NOTICE (OTHER) PTNO: prpsd PTO due 10/18/03; (Entered: 09/19/2003)
MISCELLANEOUS DOCUMENT Ps stipulated pretrial exhibit list; (Entered: 10/21/2003)
MISCELLANEOUS DOCUMENT prpsd jnt PTO; (Entered: 10/21/2003)
36 ORDER ORD case referred to RAM to conduct a settlmnt conf; (Entered: 10/23/2003)
37 PRETRIAL NOTICE ORDER ORD case set down for jury trial on stacked cal of 3/1/04; cal call TBA. Jury instrctns, voir dire due 2/26/04. Trial briefs not required. (Entered: 10/23/2003)
38 MISCELLANEOUS DOCUMENT Plaintiff's stipulated pretrial exhibit list; (Entered: 10/24/2003)
39 ORDER a settlemnt/conf is sched 12/4/03 at 9am before RAM; settlmnt/statement due in chmbrs by 12/2/03; see ord for further specs. (Entered: 10/27/2003)
40 MISCELLANEOUS HEARING SETTLEMENT/CONFERENCE dtd 12/4/03: ORD ptys are unable to arrive at a settlmnt agreement. Tape of this prcdng is sealed (Tape: #03-010) (Entered: 12/05/2003)
41 ORDER ORD actn sched for a telephonic status conf on 1/5/04 @ 2:30 pm. cnsl hv been telephonically notified. Trial set on stacked cal of March 1 is continued to 3/8/04 @ 9:00 am; (Entered: 12/19/2003)

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01/05/2004
01/05/2004 02/02/2004 02/02/2004 02/02/2004 02/03/2004
02/09/2004 02/09/2004 02/09/2004 02/09/2004 02/23/2004 02/23/2004
03/24/2004
05/27/2004 05/28/2004

42 MISCELLANEOUS HEARING TELEPHONIC/STATUS/CONFERENCE dtd 1/5/04: ORD ea side sh hv 25-hrs w/in wh to preent their case-in-chief, cross exam & opening and closing statements. Prpsd jnt jury instrctns, prpsd verdict forms and voir dire due 3/1/04. Any mtns in (Entered: 01/06/2004)
43 ORDER ORD jury instrctns due 5-dys prior to trial; (Entered: 01/06/2004)
MISCELLANEOUS DOCUMENT stip between ptys re trial issues and mtns in limine; (Entered: 02/03/2004)
44 MOTION IN LIMINE re solicitation of class members obo P (m) (Entered: 02/03/2004)
45 MOTION IN LIMINE re exclustion of prior sex acts obo P (m) (Entered: 02/03/2004)
46 ORDER ON STIPULATION ORDER RE trial issus and mtns in limine: ORD Ds are excluded frm makin any and all references discussion suggestions allustions or presenting evidence w/regard to specific issues (see order for specifics); (Entered: 02/04/2004)
47 MOTION FOR SUMMARY JUDGMENT PARTIAL ag Ds, Rookies Inc. and Rookies II LLC obo P (m) (Entered: 02/10/2004)
48 MOTION FOR SUMMARY JUDGMENT PARTIAL obo P (Alter Ego Claim) (fld sep due to size) (m) (Entered: 02/10/2004)
49 DECLARATION of Gregory L. McClinton in support of P, EEOC's mtn for Part S/J & exhibits 1-19 thereto obo P (m) (fld sep due to size) (Entered: 02/10/2004)
50 STATEMENT Separate statement of undisputed facts (integrated enterprise) obo P EEOC (m) (Entered: 02/10/2004)
51 ORDER ORD purs to the jnt ntc and stip of settlmnt (#52) the trial on cal for 3/8/04 is vacated and the pending mtns in limine (#44/45) and part mtns for S/J (#47/48) are denied w/o prej. (Entered: 02/24/2004)
52 ORDER ON STIPULATION and jnt ntc of settlmnt: ORD all dates vacated pending final settlmnt. This crt sh retain jurisdctn over this matter. Telephonic status conf sched for 3/24/04 @ 9:00 am. (Entered: 02/24/2004)
53 MISCELLANEOUS HEARING (Dtd: 3/24/04) Teleph Status Conf: Cnsl adv that settlmnt has been reached & propsd consent decree sh be sub w/in the followng wk. Crt will then admin close this actn to allow reopening upon applicatn fo P sh there be nonperformance (Entered: 03/26/2004)
54 MOTION FOR MISCELLANEOUS RELIEF for trial setting conference obo P (m/f/p) (Entered: 05/27/2004)
55 ORDER ORD actn sched for telephonic status conf on 6/3/04 @ 8:45

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06/04/2004
06/14/2004 06/14/2004 06/14/2004

am; (Entered: 05/28/2004)
56 MISCELLANEOUS HEARING in the event the stip to resolve ths actn has not bn recd by 6/14/04, ord tht all parties shl appear before ths crt on 6/16/04 at 8:30am; C/R: Kathryn French (Entered: 06/07/2004)
MISCELLANEOUS DOCUMENT Proposed Final Consent Decree; (Entered: 06/15/2004)
57 ORDER FINAL/CONSENT/DECREE (see order for specifics) (EOD: 6/15/04) (Entered: 06/15/2004)
58 ORDER ORD the Final consent Decree (#57) having been entered, this actn is administratively closed subject to reopening upon applctn of P in the event of noncompliance with the terms of the decree (EOD: 6/15/04) (Entered: 06/15/2004)

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Docket Report

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