Case 2:04-cv-01357-JCM-LRL Document 1 Fil79/30/2004 Page 1 of 6

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1 Anna Y. Park, CA SBN 164242 Dana C. Johnson, CA SBN 187341

~-:;

" -.7 .?’

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

3 255 East Temple Street, 4th Floor

Los Angeles, CA 90012

4 Telephone: (213) 894-1079

Facsimile: (213) 894-1301

5

Attorneys for Plaintiff

6 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

7

UNITED STATES DISTRICT COURT

8

DISTRICT

9

CV-S-04-1357-JCM-PAL

10 U.S. EQUAL EMPLOYMENT I1 OPPORTUNITY COMMISSION,

12

Plaintiff,

13

Vo

COMPLAINT CIVIL RIGHTS EMPLOYMENT DISCRIMINATION

14 VALENTINO LAS VEGAS, LLC,

15

VALENTINO SANTA MONICA, LLC, GIORGIO CAFFE & RISTORANTE; AND

16 DOES I - 10 INCLUSIVE,

17

Defendants.

(42 U.S.C. §§ 2000e: et seq.; ) DEMAND FOR JURY TRIAL

18

20

NATURE OF THE ACTION

21

This is a sexual harassment action brought by the United States Equal Employment

22 Opportunity Commission, ("the Commission") under Title VII of the Civil Rights Act of 1964,

23 as amended, to correct unlawful employment practices on the basis of sex and to provide

24 appropriate relief to the class of similarly situated individuals who were adversely affected by

25 such pattern and practices. The Commission alleges a class of individuals was sexually

26 harassed and/or subjected to sex based harassment during their employment with Defendant,

27 Valentino Las Vegas, LLC, Valentino Santa Monica, LLC, Giorgio Caffe & Ristorant¢ 28 //.i

Case 2:04-cv-01357-JCM-LRL Document I Filed 09/30/2004 Page 2 of 6

1 ("Defendant Employers"). Defendant Employers terminated and/or constructively discharged

2 some of the women resulting in a tangible employment action.

3

JURISDICTION AND VENUE

4

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. sections 451, 1331,

5 1337, 1343 and 1345. This action is authorized and instituted pursuant to section

6 §§706(t)(1)and (3); and §§707 of Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. §2000e-5(f)(1 ) and (3) and pursuant to § 102 of the Civil Rights Act of 1991, 42 U.S.C.

8’ §§ 98IA.

2. The employment practices alleged herein to be unlawful were committed within

l0 the jurisdiction of the United States District Court for the State of Nevada.

II

3. Prior to institution of this lawsuit, the Commission’s representatives

12 attempted to eliminate the unlawful employment pattern and practices alleged below and to

13 eft~ct voluntary compliance with Title VII through informal methods of conciliation,

14 conference and persuasion within the meaning of section §§706(0(1) and (3) of Title VII, 42

15 U.S.C., §§2000e-5(f)(l) and (3). All conditions precedent to the institution of this lawsuit have

16 been fulfilled.

17

PARTIES

18

4. PlaintiffCommission is an agency of the United States of America charged with

19 *,he administration, interpretation and enforcement of Title VII, and is expressly authorized to

20 bring this ;action under §§706(0(1) and (3) of Title VII, 42 U.S.C., §§ 2000e-5(0(1 ) and (3).

21

5. At all relevant times, "Defendant Employers," have continuously been and are

22 now doing business in the State of Nevada, County of Clark, and City of Las Vegas, Nevada.

23~

6. Plaintiff is ignorant of the true names and capacities of "Defendant Employers,"

24 sued as DOES 1 through 10, inclusively, and therefore Plaintiffsues said "Defendant

25 Employers" by such fictitious names. Plaintiff reserves the right to amend the complaint to

26’ name the lhOE "Defendant Employers" individually or corporately as they become known.

27 Plaintiff alleges that each of the "Defendant Employers" named as DOES was in some manner

28

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Case 2:04-cv-01357-JCM-LRL Document 1 Filed 09/30/2004 Page 3 of 6

1 responsible for the acts and omissions alleged herein and Plaintiff will amend the complaint to 2 allege such responsibility when same shall have been ascertained by Plaintiff.

3

7. It is further alleged on information and belief that the named and/or unnamed

4 Defendant Employers in the complaint are alter egos, joint employers, and/or integrated

5 enterprises of each other.

6

8. All of the acts and failures to act alleged herein were duly performed by and

7 attributable to "Defendant Employers", each acting as a successor, agent, employee or under the

8 direction and control of the others, except as specifically alleged other~rise. Said acts and

9 failures to act were within the scope of such agency and/or employment, and each "Defendant

I0 Employer" participated in, approved and/or ratified the unlawful acts and omissions by other

11 "Defendant Employers" complained of herein. Whenever and wherever reference to any act in

12 this Complaint to any act by a defendant employer or "Defendant Employer", such allegations

I3 and reference shall also be deemed to mean the acts and failures to act of each "Defendant

14 Employer" acting individually, jointly and/or severally.

15

9. At all relevant times, "Defendant Employers" have continuously been employers

16 engaged in an industry affecting commerce within the meaning of §§ 701 (b), (g) and (h) of

17 Title VII, 42 U.S.C., §§ 2000e-l(b), (g) and (h) and §§ 1 l(b), (g), and (h).

18

STATEMENT OF CLAIMS

19

10. More than thirty days prior to the institution of this lawsuit, a charge of

20 discrimination was filed with the Commission alleging violations of Title VII by Defendant

21 Employers. The Commission has issued a Letter of Determination finding that female

22 employees were subjected to unlawful sexual harassment and/or sex based harassment in

23 violation of Title VII. Some of the female employees were also found to have been

24 constructively discharged from their employment with the Defendant Employers. All

25 conditions precedent to the institution of this lawsuit have been fulfilled.

26

I 1. "Defendant Employers" have engaged in a practice of unlawful employment

27 practices at its facility in Las Vegas, Nevada in violation of §§706(0(! ) and (3) and §§707 of

28 Title VII, 42 U.S.C., §§2000e-5(f)(l) and (3). The "Defendant Employers" caused physical,

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Case 2:04-cv-01357-JCM-LRL Document 1 Filed 09/30/2004 Page4 of 6

1 visual, and verbal harassment to be directed at a class of women that impacted the terms and

2 conditions of their employment that created a hostile working environment at "Defendant

3 Employers." Some of the women were also subjected to quid pro quo harassment in violation

4 of Title VII. The Defendant Employers also terminated or constructively discharged some of

5 the female employees, resulting in a tangible employment action. For others, once "Defendant

6 Employers" became aware of the unlawful sexual harassment and sex based harassment it failed

"7 to take prompt remedial action intended to eliminate the harassment, a violation of §§706 and

8 §§707 of Title VII, 42 U.S.C. §2000e-2e-5(f)(1) and (3).

9

12. The impact of the aforementioned conduct deprived the female employees of

10 equal employment opportunities and to otherwise adversely impacted their employment status

11 because of their sex.

12

13. The unlawful employment practices complained of above were and are willful

13 within the meaning of §§706(0(1) and (3) and §§707 of Title VII, 42 U.S.C., §§2000e-.5(f)(l)

14 and (3).

15

14. The unlawful employment pattern and practices complained of above were

16 intentional and caused the female employees to suffer emotional distress.

17

15. "Defendant Employers" have acted with malice or reckless indifference to the

18 federally protected rights of the female employees by subjecting them to harassment consisting.

19 of sexually charged conduct, derogatory statements, obscene language, termination, and/or

20 constructive discharge.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this Court:

23

A. Grant a permanent injunction enjoining "Defendant Employers," their officers,

24 successors, assigns and all persons in active concert or participation with them, from engaging

25, in any employment practices that discriminate on the basis of sex or from engaging in unlawful

26’ retaliation;

27 !//

28 ///

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Case 2:04-cv-01357-JCM-LRL Document I Filed 09/30/2004 Page 5 of 6

B. Grant a permanent injunction enjoining "Defendant Employers," their officers,

successors, assigns and all persons in active concert or participation with them, from engaging

in any employment practice which discriminates on the basis of sex;

4

C. Order "Defendant Employers" to institute and carry out policies, practices and

5 programs which provide equal employment opportunities for females which eradicate ~he

6 effects of their past and present unlawful employment practices;

7

D. Grant a judgment requiring "Defendant Employers" to pay a class of similarly

8 situated individuals appropriate back pay, front pay, compensatory damages and benefits in an

9 amount to be determined at trial including prejudgment interest;

I0

E. Order "Defendant Employers" to make a class of similarly situated individuals

11 whole by providing affirmative relief necessary to eradicate the effects of its unlawful practices

12 including, but not limited to, payment of compensatory damages to the class members;

13

F. Order "Defendant Employers" to pay a class of similarly situated individuals

14 punitive damages in an amount to be determined at trial;

15

G. Award the Commission its costs in this action; and

16 ///

17 //I

18 /i/

19

20 ///

21 ,’/I

22 ;// 23 ,’//

24 ///

25

26 /// 27 //,,

28 !1i

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Case 2:04-cv-01357-JCM-LRL Document 1 Filed 09/30/2004 Page 6 of 6

t-[. Grant such further relief as the Court deems necessary and proper in

the public interest.

JURY DEMAND

4

The Commission requests a jury trial on all questions of fact raised by its Complaint.

5

Respectfully Submitted By:

6

7

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

8

1801 "L" Street, N.W.

Washington, D.C. 20507

9

10

Eric S. Dreiband, General Counsel

James Lee, Deputy General Counsel

11

Gwendolyn Reams, Associate General Counsel

12 September ~)’~, 2004
13
14

By: Anna Y. Park, Regional Attorney Dana C. Johnson, Trial Attorney

15

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

16

255 East Temple Street, 4th Floor

Los Angeles, Califomia 90012

17

18

19

2O

21

22

23

24

25

26

27

28

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 Case 2:04-cv-01357-JCM-LRL
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jDocument 28

Filed 12/20/2005 Page 1 of 18
-
ORIGINAL

1 A. Luis Lucero, Jr., (CA) SBN 77241 .

Cherry-Marie D. Rojas, (CA) SBN 141482

2 Dana C. Johnson, (CA) SBN 187341
U.S. EQUAL EMPLOYMENT 3 OPPORTUNITY COMMISSION
255 East Temple Street, 4th Floor
4 Los Angeles, CA 90012 Tel: (213) 894-1079

. " ~I

/ .

\=~ !!..

fiLED ENTERED

RECE t'JED -SERYI'-DON COUNSE~(S Of (CORD

5 Fax: (213) 894-1301

6 Attornevs for Plaintiff U.S. Equal Employment
7 Opportunity Commission

8 KAMER ZUCKER & ABBOTT

Scott M. Abbott

#4500

9 Chantel D. Carmouche

#7640

Edwin A. Keller, Jr.

#6013

10 3000 West Charleston Boulevard, Suite 3

Las Vegas, Nevada 89102-1990

11 Tel: (702) 259-8640

Fax: (702) 259-8646

12

Attorneys for Defendants

13 Valentino Las Vegas, LLC;

Zum Ritter Corp. d/b/a Valentino;

14 and Giorgio, LLC

\

OCT 1 3

CLERK US DISTRiCT COURT

DIS1RIC1Jj NEVADA

TY

BY,

M'ftC'

PEPU

15

UNITED STATES DISTRICT COURT

16

DISTRICT OF NEVADA

17 U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

18

)

Plaintiff,

)

19

)

vs.

)

20

)

VALENTINO LAS VEGAS, LLC,

)

21 VALENTINO SANTA MONICA, LLC,

)

GIORGIO CAFE & RlSTORANTE; AND )

22 DOES 1 -10, INCLUSIVE,

)

)

23

Defendants.

)

24 ---------------------------)

Case No. CV-S-04-1357-JCM-PAL CONSENT DECREE

25

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendants

26 Valentino Las Vegas, LLC; Zum Ritter Corp. d/b/a Valentino; and Giorgio, LLC (hereinafter

27 collectively "Valentino"), hereby stipulate and agree to entry of this Consent Decree to resptve
~~./ 28 the EEOC's Complaint, filed under Sections 706(t)(l) and 707 of Title VII of the Civil

KAMER ZUCKER & ABBOTT Attorneys at Law
3000 West Charleston Boulevard, Suite 3' Las Vegas, NV 89102 .. (702) 259-8640

~, Page 1 of 15

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Page 2 of 18

1 Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(l), and Section 102 of the Civil Rights Act of

2 1991,42 U.S.C. § 1981a ("Title VII"). The EEOC's Complaint alleges that Valentino subjected

3 a group offemale employees to a sexually hostile environment. Valentino denies liability.

4 I. JURISDICTION

5

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

6 to 28 U.S.c. Sections 451, 1331, 1337, 1343, 1345, 1367 and 42 U.S.C. 2000e-5(t). The Court

7 shall retain jurisdiction of this action during the duration of the Decree for purposes of entering

8 all orders, judgments and decrees which may be necessary to implement andlor enforce the relief

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

10 II. PURPOSE AND SCOPE OF THE CONSENT DECREE

11

A. The parties to this Consent Decree ("Decree") are the EEOC and Valentino

12 (collectively the "Parties"). This Decree shall be binding on and enforceable against Valentino

13 and its officers, directors, agents, successors and assigns.

14

B. As a result of having engaged in comprehensive settlement negotiations the

15 Parties have agreed that this action should be finally resolved by entry of this Decree for the

16 following purposes:

17

1. To avoid expensive and protracted costs incident to litigation;

18

2. To provide a final and binding settlement upon the Parties as to all claims

19

alleged in the Complaint;

20

3. To provide monetary and injunctive relief;

21

4. To ensure that Valentino's employment policies and procedures comply

22

with Title VII;

23

5.

To ensure training for Valentino's employees with respect to their

24

obligations under Title VII; and

25

6.

To provide effective responses to harassment, retaliation and

26

discrimination complaints.

27 III

28 III

KAMER ZUCKER & ABBOTT Arwmn' elt Luw
3000 West Charleston Boulevard. Suite 3· Las Vegas, NV 89102· (702) 259-8640

Page 2 of 15

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1 III. EFFECTIVE DATE AND DURATION OF DECREE

2

A. The provisions and agreements contained herein are effective immediately upon

3 the date on which this Decree is entered by the Court ("the Effective Date").

4

B. Except as otherwise provided herein, the Decree shall remain in effect for three

5 (3) years after the Effective Date.

6 IV. FINDINGS

7

Having examined the terms and provisions of this Decree and based on the pleadings,

8 record and stipulation of the Parties, the Court finds the following:

9

A. The Court has jurisdiction over the Parties and the subject matter of this action.

10 The Complaint asserts that claims that, if proven, would authorize the Court to grant the relief set

11 forth in this Decree.

12

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

13 and just. The rights of the Parties and the public interest for which the EEOC seeks redress are

14 protected adequately by this Decree.

15

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

16 is not in derogation of the rights and privileges of any person. The entry of this Decree will

17 further the objectives of Title VII and will be in the best interest of the Parties.

18 V. 19

RESOLUTION OF CLAIMS A. The Parties agree that this Decree constitutes a complete resolution of EEOC

20 Charge No. 340-2003-10068 and the Complaint filed in this action. The Decree does not,

21 however, resolve any charges of discrimination that may be pending with or brought in the future

22 before the EEOC other than the charge specifically referred to in this paragraph.

23

B. Nothing in this Decree shall be construed to limit or reduce Valentino's obligation

24 to comply fully with Title VII or any other federal employment statute.

25

C. This Decree in no way affects the EEOC's right to bring, process, investigate or

26 litigate other charges that may be in existence or may later arise against Valentino in accordance

27 with standard EEOC procedures.

28

KAMER ZUCKER & ABBOTT Attorneys cit Luw
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102· (702) 259-8640

Page 3 of 15

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Page 4 of 18

I

D. Entry into or performance of the terms of this Decree is not and shall not in any

2 way be construed as an admission by any Party as to the merits of any Party's positions, claims

3 and/or defenses raised in the lawsuit and shall not be construed as an admission by Valentino Las

4 Vegas, Zum Ritter or Giorgio of liability to any persons, or of any wrongful acts, acts of

5 discrimination, or violations of any federal, state or local law. The Parties acknowledge that they

6 have entered into this Decree for the sole purpose of resolving the aforementioned differences in

7 order to avoid the burden, expense, delay and uncertainties of litigation and so the parties may

8 buy their peace.

9 VI. MONETARY RELIEF

10

Valentino shall pay a total of $600,000 in settlement of all monetary claims of the

II identified Claimants: Megan Anderson, April Carr, Tamara Gonzalez, Heather Lantz and Amber

12 Williams (collectively "Claimants"). The parties agree that this monetary settlement shall be

13 allocated amongst the Claimants as directed by the EEOC and at the EEOC's sole discretion.

14 Monetary settlements are for asserted emotional distress sustained by each of the Claimants as a

15 result of conduct complained-of in the Complaint. Accordingly, no withholdings shall be made

16 from any of the above payments. Defendants shall issue checks, via certified mail, to each of the

17 Claimants no later than ten (10) days from: (1) the Effective Date or (2) the date in which the

18 EEOC provides Valentino with mailing addresses and allocation amounts for the Claimants,

19 whichever is later. All monetary payments to the Claimants under this Decree shall be reported

20 by Valentino on IRS Form 1099. Defendants shall submit a copy of each check and related

21 correspondence to the Regional Attorney, United States Equal Employment Opportunity

22 Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012, within three (3) days of

23 issuing the checks.

24 VII. INJUNCTIVE RELIEF

25

A. Non-Discrimination

26

Valentino, their officers, agents, management (including all supervIsory employees),

27 successors, assigns, and all those in active concert or participation with any of them, hereby

28 agree (1) not to engage in sexual harassment or other form of sex discrimination; (2) to prevent

KAMER ZUCKER & ABBOTT Attorney, ut Luw
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102· (702) 259~B640

Page 4 of 15

Case 2:04-cv-01357-JCM-LRL Document 28 Filed 12/20/2005 Page 5 of 18

I and correct any harassment or other discrimination on the basis of sex; and (3) to ensure that all

2 employees who complaint about or resist discrimination on the basis of sex are not subjected to

3 any tangible employment actions.

4

B. Anti-Retaliation

5

Valentino, their officers, agents, management (including all supervIsory employees),

6 successors, assigns, and all those in active concert or participation with them or any of them,

7 hereby agree not to retaliate against any current or former employee of Valentino for: (a)

8 engagmg m protected activity under Title VII; (b) participating in any manner to any

9 investigation (including any internal investigation undertaken by Valentino) or proceeding

10 relating to any alleged Title VII violation; (c) being identified as a possible witness or claimant

II pertaining to any alleged Title VII violation; (d) asserting any rights under this Decree; or (e)

12 receiving any relief under this Decree.

13

c. Equal Employment Opportunity Consultant

14

Valentino shall designate or retain an Equal Employment Opportunity Consultant

15 ("Consultant"), to implement and monitor Valentino's compliance with Title VII and the

16 provisions of this Decree. Within ten days after the Effective Date, Valentino shall notify the

17 EEOC of its proposed choice for a Consultant, who shall possess demonstrated experience in the

18 area of sexual harassment and retaliation. The Consultant chosen shall be subject to the EEOC's

19 approval, which shall not be unreasonably withheld. (The EEOC expressly agrees that the law

20 firm of Kamer Zucker & Abbott is an acceptable selection for the role of Equal Employment

21 Opportunity Consultant). If EEOC does not approve Valentino's proposed Consultant, the

22 EEOC shall provide Valentino with a list of at least three suggested candidates acceptable to the

23 EEOC from which Valentino must choose and retain one within fifteen days of receipt of the list.

24 Valentino shall bear all costs associated with the selection and retention of the Consultant and

25 the performance of its duties during the term of the Decree.

26

The Consultant's responsibilities shall include:

27

1. Reviewing Valentino's policies and procedures and modifying them, as

28

necessary, to ensure effective investigations of discrimination and retaliation complaints;

KAMER ZUCKER & ABBOTT A,wmeys u' Lu",
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102· (702) 259-8640

Page 5 of 15

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1

2.

Ensuring training for (a) all employees on Valentino's policies and procedures

2

against discrimination and retaliation and (b) supervisors and management on recognizing

3

discrimination and retaliation and responding to such complaints thereof;

4

3.

Monitoring Valentino's response to any complaints or inquiries regarding sexual

5

harassment to ensure an adequate response and to prevent retaliation against employees

6

who complain or inquire about discrimination or retaliation;

7

4.

Reviewing and/or modifying Valentino's discipline policies to hold employees

8

and managers accountable for failing to take appropriate action and/or for engaging in

9

other conduct prohibited under this Decree;

10

5.

Ensuring that all reports required by this Decree are accurately compiled and

1 1

timely submitted; and

12

6. Otherwise ensuring compliance with the terms of this Decree and Title VII.

13

D. Revision of Policies Concerning Discrimination, Harassment, and Retaliation

14

With the assistance of the Consultant, Valentino shall review its existing policies

15 addressing discrimination, harassment and retaliation and, if necessary, shall revise them to

16 comply with the requirements set forth below. The finalized policy shall, at a minimum, include:

17

1. A strong and clear commitment to a workplace free from discrimination,

18

harassment and retaliation;

19

2.

A clear and comprehensive description, including concrete examples, of

20

prohibited sexual harassment and retaliation;

21

3. A description of the possible consequences that will be imposed upon violation of

22

the policy against discrimination, harassment and retaliation;

23

4.

A statement encouraging employees to come forward if they believe that they

24

have been discriminated, harassed or retaliated against;

25

5.

An assurance that persons who in good faith complain about discrimination or

26

retaliation they experienced or witnessed will not be subject to retaliation;

27

6.

A clearly described complaint process that provides accessible avenues of

28

complaint;

KAMER ZUCKER & ABBOTT Awmwy, u, Luu'
3000 West Charleston Boulevard, Suite 3' Las Vegas, NV 89102· (702) 259-8640

Page 6 of 15

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'-'

1

7. Assurance that the employer will protect the confidentiality of discrimination

2

complaints to the extent possible;

3

8.

A complaint process that provides a prompt, thorough, and impartial

4

investigation;

5

9.

A system for tracking down and providing follow-up on complaints and/or

6

inquiries regarding sexual harassment and/or retaliation;

7

10. Assurance that Valentino will take immediate and appropriate corrective action if

8

it determines that discrimination, harassment or retaliation has occurred;

9

11. The contact information, including name, address, and telephone number of

10

persons both internal (i. e., Valentino human resources personnel or managers) and

11

external (i.e., EEOC and the Consultant) to whom employees may report complaints of

12

discrimination, harassment or retaliation at any time without fear of reprisal. The contact

13

information shall be visibly posted in an area accessible to all employees and placed in

14

the employee handbook;

15

12. A statement that Valentino's policies with respect to discrimination, harassment

16

and retaliation apply to all third-parties that interact with Valentino's employees;

17

13. A clear and comprehensive description of the specific responsibilities of

18

Valentino's supervisory and managerial employees when they witness or learn of

19

discrimination, harassment and/or retaliation and/or receive a complaint and/or inquiry

20

regarding discrimination, harassment and/or retaliation; and

21

14. A clear and comprehensive description of the consequences for Valentino's

22

supervisory and managerial employees who fail to perform their responsibilities when

23

they witness or learn of discrimination, harassment and/or retaliation and/or receive a

24

complaint and/or inquiry regarding discrimination, harassment and/or retaliation.

25

A copy of the reviewed/revised policy in compliance with the above requirements shall

26 be submitted to the EEOC and distributed to all Valentino's employees within sixty (60) days of

27 the Effective Date.

28 ///

KAMER ZUCKER & ABBOTT Attorneys at Law
3000 West Charleston Boulevard. Suite 3· Las Vegas, NV 89102 • (702) 259-8640

Page 7 of 15

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1

E. Training

2

1. Within forty-five (45) days of the Effective Date or thirty (30) days after hiring

3

the Consultant, whichever is later, Valentino shall submit its training materials on

4

discrimination and retaliation to the EEOC.

5

2. If Valentino has not conducted sexual harassment training of its entire workforce

6

within the six (6) months preceding the Effective Date, then all of Valentino's managerial

7

and stafflhourly employees shall be required to attend a training on their obligations and

8

responsibilities under Valentino's policies and procedures within sixty (60) days after the

9

Effective Date or thirty (30) days after retaining the Consultant, whichever is later.

10

Thereafter, Valentino shall provide annual training to its entire workforce for the Term of

11

the Decree.

12

3. All employees' training shall include coverage of the subjects of equal

13

employment opportunity rights and responsibilities, harassment, discrimination,

14

retaliation, and Valentino's policies and procedures for reporting and handling complaints

15

of harassment, discrimination and retaliation.

16

4. In addition, Valentino shall provide training to supervlsory and managerial

17

employees, which shall include training on how to recognize, prevent, and correct

18

retaliation, how to take preventive and corrective measures against discrimination and

19

harassment, and how to receive, investigate, and/or report to designated officials

20

complaints of discrimination, harassment or retaliation.

21

5. For the remainder of the term of this Decree, all new employees and all

22

employees recently promoted from a staff/hourly to a managerial position shall receive

23

the managerial or stafflhourly employee training, as appropriate, within ninety (90) days

24

of hire or promotion.

25

F. Performance Evaluations for Supervisors and Managers

26

For the upcoming review cycle, Valentino shall revise its performance evaluation forms

27 for managers and supervisors in order to include measures for performance compliance with

28 Valentino's discrimination, harassment and retaliation policies and procedures.

KAMER ZUCKER & ABBOTT A,wmn' u' Luw
3000 West Charleston Boulevard, Suite 3· Las Vegas, NV 89102· (702) 259-8640

Page 8 of 15

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1

At least thirty (30) days pnor to implementing the performance evaluation forms

2 described above, Valentino will provide the EEOC and the Consultant with the proposed

3 revisions in order to provide an opportunity for comment regarding the revisions. EEOC will

4 provide comments, if any, within thirty (30) days of receipt of the proposed revisions. Valentino

5 shall respond to such comments within fifteen (15) days of receipt. If the parties cannot agree on

6 the proposed revisions, any disputes will be resolved according to the Dispute Resolution

7 Procedures set forth below.

8

G. Neutral References

9

In the event that any prospective employers contact Valentino inquiring into the

10 employment of any of the Claimants, Valentino shall provide a neutral reference which includes

11 only the following information: dates of employment and position held. Valentino shall explain

12 that its internal policy allows it to reveal only that information to prospective employers.

13

H. Posting

14

Within ten (10) business days after the Effective Date and throughout the term of this

15 Decree, Valentino shall post a full-sized copy of the Notice attached hereto as Appendix A, in

16 clearly visible locations frequented by employees (e.g., breakrooms) at each of its facilities.

17

I. Record Keeping and Reporting

18

1. Record Keeping

19

The Consultant shall establish a record keeping procedure that provides for the

20 centralized tracking of complaints of discrimination and the monitoring of such complaints to

21 prevent retaliation. The records to be maintained during the period of this Consent Decree shall

22 include:

23

a. Discrimination, harassment and retaliation policies;

24

b. Complaint procedure;

25

c. All documents generated in connection with any complaint, investigation

26

into, or resolution of every complaint of discrimination or retaliation for the

27

duration of the Decree and the identities of the parties involved, including, but not

28

KAMER ZUCKER & ABBOTT Atw17Ieys at La",
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640

Page 9 of 15

Case 2:04-cv-01357-JCM-LRL Document 28 Filed 12/20/2005 Page 10 of 18

1

limited to, the complainant, alleged perpetrator, investigator(s), witness(es), and

2

decision-maker( s);

3

d. All materials used in trainings; and

4

e.

Attendance lists for all trainings.

5

2. Reporting

6

Valentino shall provide the written reports to the EEOC as follows:

7

a.

Within ninety (90) days after the Effective Date, Valentino shall submit to

8

the EEOC an initial report which contains:

9

1.

A copy of the finalized policy against discrimination, harassment

10

and retaliation;

11

11. A summary of the procedures and record keeping methods

12

developed by the Consultant for handling, tracking, and monitoring of

13

complaints of discrimination and retaliation; and

14

111. A statement confirming that all employees have received the

15

revised policy.

16

b. Valentino shall also provide the following reports annually throughout the

17

term of this Decree, beginning six (6) calendar months after the Effective Date:

18

1.

A list of the names and positions of employment of each employee

19

who attended each training requires and provided under this Decree during

20

the previous six (6) months, classified by the date and type of training

21

(supervisory versus non-supervisory staff);

22

11.

A list of the names and positions of each employee who failed to

23

attend the training, the reason training was not attended, and written

24

confirmation that those employees will be trained within thirty days of the

25

missed training;

26

111. Any revIsIons to the discrimination, harassment and retaliation

27

policy; and

28

KAMER ZUCKER & ABBOTT A,torney' u, LuU'
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102· (702) 259-8640

Page 10 of 15

Case 2:04-cv-01357-JCM-LRL Document 28 Filed 12/20/2005 Page 11 of 18

1

IV. A brief description of all discrimination and/or retaliation

2

complaints made since the submission of the immediately preceding report

3

required by this Consent Decree (or the Effective Date, if it is the first

4

report). This description shall include the names of the individuals

5

alleging discrimination or retaliation, the nature of the discrimination or

6

retaliation alleged, the names of the alleged perpetrators, the dates of the

7

alleged acts of discrimination or retaliation, a brief summary of how each

8

complaint was resolved and the identity of the person(s) who investigated

9

and resolved each complaint. If a complaint of discrimination or

10

retaliation has not been resolved as of the time of the report, the result shall

11

be included in the next report.

12 VIII. DISMISSAL OF VALENTINO LAS VEGAS WITH PREJUDICE

13

Valentino Las Vegas is hereby dismissed with prejudice. The Court shall retain

14 continuing jurisdiction over this matter with regard to Valentino Las Vegas only for the purpose

15 of enforcing the terms of this Decree, as set forth in Paragraph I, above, and for no other reason.

16 IX. UNIDENTIFIED CLAIMANTS

17

Within seven (7) days of the Effective Date, Valentino shall provide to the EEOC a list

18 containing the name and last known address of each female employee employed at Valentino

19 Santa Monica any time from January 1, 1997 through December 31, 1998 and a list containing

20 the name and last known address of each female employee employed at Giorgio from January 1

21 through June 30, 2004.

22

The EEOC shall have seven (7) days from receipt of the lists to prepare and mail form

23 letters ("Initial Mailing") to the persons identified by the lists. The form letter (a copy of which

24 is appended hereto as Appendix B) shall exclude any specific reference to: (A) Arturo Nieto; (B)

25 the possible receipt of money; and (C) reference to examples of harassment. The EEOC may

26 send a second round of form letters to those addressees whose letters are returned to the EEOC

27 as undeliverable. The EEOC will consider only those responses to the form letter that it receives

28 within fifteen (15) days of receipt by the addressee and within sixty (60) days of the Initial

KAMER ZUCKER & ABBOTT Attorneys u, Law
3000 West Charleston Boulevard. Suite 3· Las Vegas, NV 89102· (702) 259·6640

Page 11 of 15

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Document 28

Filed 12/20/2005

Page 12 of 18

1 Mailing ("Response Period"), and no claim will be the subject of any further action if it is not

2 received during the Response Period. Concurrent with the transmission of these letters to the

3 employees, the EEOC shall also submit copies of all letters sent to the law firm of Kamer Zucker

4 & Abbott.

5

If the EEOC receives responses to the form mailing that it deems to be credible within the

6 Response Period, it will apprize Valentino's counsel within five (5) days of its determination that

7 it has received a credible response and the identity of the responding individual.

8

Unless the EEOC files written notification with the Court that it has received credible

9 responses to the form mailing, Defendants Zum Ritter Corporation (Valentino Santa Monica)

10 and Giorgio, LLC shall be dismissed with prejudice seventy-nine (79) days after the Effective

11 Date, and the Court shall retain continuing jurisdiction over this matter with regard to Zum Ritter

12 Corporation and Giorgio, LLC only for the purpose of enforcing the terms of this Decree, as set

13 forth in Paragraph I, above, and for no other reason.

14

If, at the close of the Response Period, the EEOC as received any responses that it deems

15 to be credible, the Parties will engage in good faith discussions to first attempt to resolve any

16 such claims informally, including discussion of the reasons why the EEOC finds the response(s)

17 to be credible, including disclosure of the general nature of the conduct alleged, the individual(s)

18 involved, and the date and locale of the conduct. If an informal resolution cannot be reached, the

19 EEOC reserves the right to re-initiate proceedings (as to any new claimants) in the context of the

20 above-captioned lawsuit only as to Zum Ritter Corporation and/or Giorgio, LLC. In such event,

21 Zum Ritter Corporation and/or Giorgio, LLC reserve the right to assert any and all applicable

22 defenses as to such new claims.
23 x. STAYING OF THE PROCEEDINGS

24

The above-captioned lawsuit, including all discovery and pending motions, shall be

25 stayed in order for the Parties to undertake the efforts described in Paragraph IX, above. In the

26 event that the lawsuit is not dismissed in accordance with Paragraph IX, the Parties expressly

27 reserve all rights to pursue any existing motions on file in the lawsuit, and entry into this Decree

28 shall in no way prejudice or provide a defense to such motions.

KAMER ZUCKER & ABBOTT Attorneys at Luw
3000 West Charleston Boulevard. Suite 3 • Las Vegas, NV 89102· (702) 259-8640

Page 12 of 15

Case 2:04-cv-01357-JCM-LRL
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Filed 12/20/2005

Page 13 of 18

1 XI. MODIFICATION AND SEVERABILITY

2

A. This Decree constitutes the complete understanding of the Parties with respect to

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

4 Decree will be effective unless made in writing and signed by an authorized representative of

5 each of the Parties.

6

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

7 the Parties shall make good faith efforts to agree upon appropriate amendments to this Decree in

8 order to effectuate the purposes of the Decree. In any event, the remaining provisions will

9 remain in full force and effect unless the purposes of the Decree cannot, despite the Parties' best

10 efforts, be achieved.

II

c. By mutual agreement of the Parties, this Decree may be amended or modified in

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

13 XII. COMPLIANCE AND DISPUTE RESOLUTION

14

A. The Parties expressly agree that if the EEOC has reason to believe that Valentino

15 has failed to comply with any provision of this Consent Decree, the EEOC may petition this

16 Court to enforce the Decree. Prior to initiating such petition, the EEOC will notify Valentino

17 and/or its legal counsel of record, in writing, of the nature of the dispute. This notice shall

18 specify the particular provision(s) that the EEOC believes has/have been breached. Absent a

19 showing by either party that the delay will cause irreparable harm, Valentino shall have thirty

20 (30) days to attempt to resolve or cure the breach.

21

B. The Parties agree to cooperate with each other and use their best efforts to resolve

22 any dispute referenced in the EEOC notice.

23

C. After forty-five (45) days have passed with no resolution or agreement to extend

24 the time further, the EEOC may petition this Court for compliance with this Decree, seeking all

25 available relief, including, but not limited to, the imposition of attorneys' fees and costs and an

26 extension of the term of the Decree for such period of time as Valentino is shown to be in breach

27 of the Decree.

28

KAMER ZUCKER & ABBOTT Awmwys cit LciW
3000 West Charleston Boulevard. Suite 3· Las Vegas, NV 89102· (702) 259-8640

Page 13 of 15

Case 2:04-cv-01357-JCM-LRL Document 28 Filed 12/20/2005 Page 14 of 18

1 XIII. COSTS OF ADMINISTRATION AND IMPLEMENTATION OF CONSENT

2

DECREE

3

Valentino shall bear all costs associated with its obligations under this Consent Decree.

4 XIV. COSTS AND ATTORNEYS' FEES

5

Each party shall bear its own costs of suit and attorneys' fees.

6 XV. COUNTERPARTS

7

This Decree may be signed in counterparts.

8 /II

9 /II

10 /II

11 1/1

12 /II

13 /II

14 /II

15 /II

16 /II

17 /II

18 /II

19 /1/

20 /II

21 1/1

22 /II

23 /II

24 /II

25 /II

26 /II

27 /II

28 /II

KAMER ZUCKER & ABBOTT A[[om'~' u' Luw
3000 West Charleston Boulevard, Suite 3· Las Vegas, NV 89102' (702) 259-8640

Page 14 of 15

Case 2:04-cv-01357-JCM-LRL
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-

Page 15 of 18

1

ORDER

2

The Court finds that the terms of the proposed Consent Decree are fair and adequate to

3 carry out the purposes of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, et seq.

4

Accordingly, the proposed Consent Decree is to be entered as an Order of this Court.

5 The Court retains jurisdiction over this matter for the three (3) year term of the proposed Consent

tes District Court Judge

Dated: ~ 14 ,2005.
KAMER ZUCKER & ABBOTT

By:J;,~CJ.:~~-Jj~~~~_

17

A. Luis ero, Jr.

Cherry-Marie D. Rojas

18

Dana C. Johnson

#187341

19

255 East Temple Street, 4th Floor

Los Angeles, California 90012

20

Tel: (213) 894-1079

Fax: (213) 894-1301

21

Attorneys for U.S. Equal Employment

22

Opportunity Commission

23

24

25

26

27

28

By: 0~~

ScotfM. Abbott

#4500

Edwin A. Keller, Jr.

#6013

Chantel D. Carmouche

#7640

3000 West Charleston Boulevard, Suite 3

Las Vegas, Nevada 89102-1990

Tel: (702) 259-8640

Fax: (702) 259-8646

Attorneys for Defendants Valentino Las Vegas, LLC, Zum Ritter Corp. d/b/a Valentino; and Giorgio, LLC

KAMER ZUCKER & ABBOTT A,torney' u' LuU'
3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640

Page 15 of 15

Case 2:04-cv-01357-JCM-LRL

Document 28

Filed 12/20/2005
'-"

Page 16 of 18

APPENDlXA

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)894-1000
TDD (213) 894-1121 FAX (213) 894-11l8

NOTICE OF CONSENT DECREE

TO ALL WORKERS AT VALENTINO SANTA MONICA, VALENTINO LAS VEGAS AND GIORGIO CAFFE & RISTORANTE:

The D-S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the United States District Court for the District of Nevada entitled EEOC v. Valentino Las Vegas, Valentino Santa Monica, Giorgio Caffe & Ristorante, and Does 1-10, Case Number CV-S-041357-JCM-PAL. The EEOC filed this lawsuit on behalf of a group of female employees, alleging that Defendants (collectively "Valentino") subjected them to sexual harassment resulting in a hostile working environment.

Valentino settled the federal lawsuit by entering into a three (3) year Consent Decree with the EEOC which Decree provided for a monetary settlement. You may obtain a copy of the Consent Decree at your expense. To obtain a copy, you must contact the Office of the U.S. District Court, District of Nevada.

Among the terms of the Consent Decree, Valentino must: • Compensate the five identified claimants; • Post this Notice of Consent Decree in each of its facilities; • Review and, if necessary, revise its discrimination, harassment and retaliation policies and establish an internal complaint procedure; • Establish a centralized tracking system for harassment, discrimination and retaliation complaints; • Provide annual EEO training for managers, supervisors, human resources personnel, officers and the rank and file workforce; • Hire a consultant to assist in revision of policies and procedures and properly investigate and handle any complaints of harassment; and
• Report the progress of the foregoing to the EEOC for a term of three years.

Regardless of whether you complain internally to Valentino or Giorgio, you also have a right to file a charge with the EEOC if you feel that you have been discriminated against in violation of federal anti-discrimination laws such as

Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin;

Case 2:04-cv-01357-JCM-LRL
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Page 17 of 18

The Age Discrimination in Employment Act of 1967, which prohibits age discrimination;

Title I of the Americans with Disabilities Act of 1990, which prohibits employment discrimination against people with disabilities; or

The Equal Pay Act of 1963 Act, which prohibits wage discrimination because of gender.

Should be believe that you have been discriminated against, harassed, subjected to a hostile environment or retaliated against because of your sex, race, color, national origin, religion, age or disability, you may follow Valentino's internal complaint procedures and/or seek assistance by filing a charge of discrimination with the EEOC at:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor Los Angeles, CA 90012 TELEPHONE NUMBER: (213) 894-1083

In particular, if you feel that you have been retaliated against because of the filing of a charge of discrimination, giving testimony or assistance, or participating in any manner in any investigation, proceeding or hearing concerning discrimination, you should contact the EEOC. Further information about the EEOC is available on its web site at www.eeoc.gov.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.

This Notice shall remain posted in a clearly visible location frequented by employees at Valentino's facilities for three years from the date upon which the Court signs this Notice.

It is so ORDERED this 12th .day of October

,2005.

Ie James C. Mahan tates District Court Judge

Case 2:04-cv-01357-JCM-LRL Document 28 Filed 12/20/2005 Page 18 of 18

Image No
vailable

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Los Angeles District Office

255 East Temple Street, 4· Floor

Los Angeles, CA 90012 (213) 894-1000
TTY (213) 894-1121 FAX (213) 894-1118

_ _,2005

VIA FIRST CLASS MAIL

Re: EEOC v. Valentino et al.
Dear_ _ __
The U.S. Equal Employment Opportunity Commission is the federal agency which enforces laws prohibiting discrimination in the workplace. The EEOC is looking into allegations of sexual harassment relating to [Valentino Santa Monica]/[Giorgio Caffe & Ristorante]. The EEOC is currently trying to identify any women who experienced or witnessed incidents of a sexual harassment while employed at [Valentino Santa Monica]/[Giorgio Caffe & Ristorante] between [1997 and 1998]/[January and June of2004]. If you either witnessed or were subjected to inappropriate conduct of a sexual or sexist nature, I would like to speak with you at your earliest convenience. If you have any information, please contact the EEOC within the next two (2) weeks either at (213) 894-1079 or via email at DanaJohnson!@eeoc.gov. Leave a brief message with your name, telephone number, and a convenient time for an EEOC representative to get back to you.
Sincerely,
Dana Johnson Senior Trial Attorney

 
 Case 2:04-cv-01357-JCM-LRL Document 30 Filed 04/19/2007 Page 1 of 1

1

2

3 UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA 5

6

7

U.S. E.E.O.C.

Plaintiff,

8

vs. 9

10

VALENTINO LAS

Defendant.

11

2:04-cv-1357-JCM-LRL

12

13 DISMISSAL BY COURT FOR WANT OF PROSECUTION
14 It appearing to the Court that this action has been pending in this Court for more
15 than nine (9) months without any proceeding having been taken therein during such
16 period; now therefore,

17

IT IS ORDERED, ADJUDGED, AND DECREED that the above entitled

18 action be, and it hereby is, dismissed without prejudice for want of prosecution pursuant

19 to provisions of LR 41-1.

20

Dated this _1_9_th__d_a_ydoafyAopf_ri_l,_2_0_0_7_._______________, 2007.

21

22

23

24

JAMES C. MAHAN

25

UNITED STATES DISTRICT JUDGE

26

27

28

 
 Case: 2:04-cv-1357 As of: 06/01/2017 12:33 PM PDT 1 of 3
CLOSED,ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:04−cv−01357−JCM−PAL

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. VALENTINO LAS VEGAS, LLC, et al. Assigned to: Judge James C. Mahan Referred to: Magistrate Judge Peggy A. Leen
Magistrate Judge Lawrence R. Leavitt (Settlement)
Plaintiff

Date Filed: 09/30/2004 Date Terminated: 03/09/2009 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012− 213−894−1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dana C. Johnson 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: dana.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Giorgio Caffe & Ristorante
Defendant Valentino Las Vegas, LLC TERMINATED: 10/13/2005
Defendant Valentino Santa Monica, LLC

represented by Carol Davis Zucker Kamer Zucker & Abbott 3000 W. Charleston Blvd Suite 3 Las Vegas, NV 89102 Email: ecf@kzalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Davis Zucker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Davis Zucker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:04-cv-1357 As of: 06/01/2017 12:33 PM PDT 2 of 3

Date Filed 09/30/2004 09/30/2004 11/24/2004
12/27/2004 12/27/2004 12/27/2004 12/28/2004 01/04/2005
01/04/2005
01/04/2005
01/04/2005 01/04/2005 01/04/2005 01/05/2005
02/16/2005 02/17/2005
02/23/2005
03/01/2005
03/03/2005
03/04/2005
03/07/2005 05/20/2005
05/20/2005
05/20/2005
05/25/2005
06/20/2005 06/21/2005

# Docket Text
1 COMPLAINT by Plf w/jy dmd. (Entered: 10/07/2004)
SUMMONS ISSUED (1) as to Dft. (Entered: 10/07/2004)
2 WAIVER OF SERVICE EXECUTED by Plf as to Dfts on 10/28/04. (Entered: 11/30/2004)
3 ANSWER TO COMPLAINT by Dft Giorgio. (s) (Entered: 12/28/2004)
4 ANSWER TO COMPLAINT by Dft Valentino. (s) (Entered: 12/28/2004)
5 ANSWER TO COMPLAINT by Dft Valentino Las Vegas. (s) (Entered: 12/28/2004)
6 NOTICE (OTHER) by Clerk that LRL is ENE judge. (cps dist) (Entered: 12/28/2004)
8 CERTIFICATE OF INTERESTED PARTIES by Dft Valentino Las Vegas. (s) (Entered: 01/10/2005)
9 CERTIFICATE OF INTERESTED PARTIES by Dft Giorgio. (s) (Entered: 01/10/2005)
10 CERTIFICATE OF INTERESTED PARTIES by Dft Valentino. (s) (Entered: 01/10/2005)
11 STATEMENT by Dft Giorgio. (s) (Entered: 01/10/2005)
12 STATEMENT by Dft Valentino Las Vegas. (s) (Entered: 01/10/2005)
13 STATEMENT by Dft Valentino. (s) (Entered: 01/10/2005)
7 SCHEDULING ORDER that ENE session is sched for 4/8/05 @ 9:30 am. (cps dist) (Entered: 01/05/2005)
MISCELLANEOUS DOCUMENT disc plan. sub to PAL (Entered: 02/16/2005)
14 NOTICE OF HEARING Hrng on disc plan/sked ord sked for 3/1/05 @9:15am bfr PAL crtrm 3B. cpys dist. (Entered: 02/18/2005)
15 ORDER that atty Dana Johnson may appear telephonically for hrg on 3/1/05 @ 9:15 am. (cps dist) (Entered: 02/24/2005)
16 MISCELLANEOUS HEARING Hrg on disc plan/sched order on 3/1/05. Court will enter order. Tape #05−3−36. (cps dist) (Entered: 03/02/2005)
17 ORDER that disc ddl is 11/18/05, dispo mtn ddl is 12/20/05, and pto ddl is 1/19/06. (cps dist) (Entered: 03/03/2005)
18 ORDER that ENE session is resched for 5/23/05 @ 9:30 am. (cps dist) (Entered: 03/04/2005)
MISCELLANEOUS DOCUMENT Ltr by Dfts re ENE session. (Entered: 03/07/2005)
19 MOTION FOR SUMMARY JUDGMENT by Dfts for sum jgm based upon EEOC's failure to conciliate. (s) (FILED SEPARATELY)DISPO: (Entered: 05/23/2005)
20 MOTION FOR SUMMARY JUDGMENT by Dfts for sum jgm re applicable damage cap. (s)DISPO: (Entered: 05/23/2005)
21 MOTION TO DISMISS by Dft Valentino Santa Monica. (s)DISPO: (Entered: 05/23/2005)
22 ORDER that ENE session was held and settlement was reached. Stip for dism as to Dft Valentino Las Vegas shall be filed by 6/22/05. Parties shall file jnt status rpt by 8/22/05. (cps dist) (Entered: 05/25/2005)
MISCELLANEOUS DOCUMENT Stip for ext of time. (JCM) (Entered: 06/20/2005)
23 ORDER ON STIPULATION that parties have until 7/22/05 to file stip for dism. (cps dist) (Entered: 06/22/2005)

Case: 2:04-cv-1357 As of: 06/01/2017 12:33 PM PDT 3 of 3

07/22/2005 07/22/2005 08/18/2005 08/23/2005 09/19/2005 10/13/2005 10/13/2005 11/02/2005 12/20/2005
12/21/2005 04/19/2007 04/23/2007
03/09/2009

MISCELLANEOUS DOCUMENT Stip for ext of time to file stip for dism. (JCM) (Entered: 07/22/2005)
24 ORDER ON STIPULATION that Dft Valentino Las Vegas is dism w/prej. (cps dist) (Entered: 07/25/2005)
MISCELLANEOUS DOCUMENT Stip/rqst for extn of time to fl stip for dis l w/prej as to D Valentino Las Vegas −− 3rd rqst −− JCM (Entered: 08/18/2005)
25 ORDER ON STIPULATION that parties have until 9/2/05 to file stip for dism as to Dft Valentino Las Vegas. (cps dist) (Entered: 08/23/2005)
26 NOTICE (OTHER) by Dfts of consent decree. (s) (PART 1 OF 2) (Entered: 09/21/2005)
Valentino Las Vegas, LLC terminated per 27 Consent Decree. Signed by Judge James C. Mahan on 10/13/05. (MJZ ) (Entered: 12/21/2005)
27 ORDER ON STIPULATION Consent Decree. (cps dist) (PART 2 OF 2) (Entered: 10/19/2005)
MISCELLANEOUS DOCUMENT Stip/reqst for crt's approval of the notice of consent decree −− to JCM (Entered: 11/02/2005)
28 ORDER re Miscellaneous Document filed by Giorgio Caffe & Ristorante,, U.S. Equal Employment Opportunity Commission,, Valentino Las Vegas, LLC,. Signed by Judge James C. Mahan on 10/12/05. (MAJ, ) (Entered: 12/20/2005)
29 NOTICE of Consent Decree, by Plaintiff U.S. Equal Employment Opportunity Commission (AXM, ) (Entered: 12/23/2005)
30 ORDER DISMISSING CASE for Want of Prosecution. Signed by Judge James C. Mahan on 4/19/07. (AAB) (Entered: 04/20/2007)
31 MINUTE ORDER IN CHAMBERS of the Honorable James C. Mahan, U.S. District Judge, on 4/23/2007. By Deputy Clerk: David Oakes. RE: 30 Order Dismissing Case is VACATED, case is REOPENED. LR 41−1 dismissal deadline set for 5/23/2007.(no image attached) (DXO) (Entered: 04/23/2007)
32 ORDER dismissing action without prejudice for want of prosecution. (LR 41−1) Signed by Judge James C. Mahan. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 03/09/2009)

 
 EEOC LITIGATION SETTLEMENT REPORT - October 2005

http://www.eeoc.gov/litigation/settlements/settlement10-05.html

EEOC v. Valentino Las Vegas, LLC, Valentino Santa Monica, LLC, Giorgio Caf‚ & Ristorante No. CV-S-04-1357-JCM-PAL (D. Nev. Oct. 13, 2005)
The Los Angeles District Office sued three Italian restaurants as an integrated enterprise, alleging that supervisors at one of the restaurants, Valentino Las Vegas, subjected female hostesses and food servers to sexual harassment so intolerable as to result in the constructive discharge of two of the women. The conduct included sexual propositions, intrusive physical acts, and making derogatory sexual statements about the women to customers.
Under the 3-year consent decree resolving this case, five women will share $600,000 in damages for emotional distress, to be allocated amongst them at the EEOC's discretion. The decree requires designation or retention of an Equal Employment Opportunity Consultant to implement and monitor defendants' compliance with Title VII and the decree. The decree dismisses Valentino Las Vegas from the suit with prejudice (subject to continuing jurisdiction for decree enforcement purposes), but provides that EEOC will send letters inquiring about sexual harassment to women previously employed at Valentino Santa Monica and Giorgio Caf‚ & Ristorante. If the EEOC notifies the court that it has received credible claims of sexual harassment from former employees of those restaurants, the remaining parties will engage in good faith efforts to resolve the claims. If the claims cannot be resolved informally, the EEOC reserves the right to reinitiate proceedings against the remaining defendants as to the new claimants. If the EEOC does not find any credible claims of sexual harassment, the remaining defendants will be dismissed with prejudice.

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