Case 1:03-cv-00688-SS Document 1 Filed 09/29/2003 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
LOS COMALES, INC. D/B/A LOS COMALES RESTAURANT,
Defendant.

§ § §
~ An3CA § Civil Action ~o.
§
§ COMPLAINT AND § JURY TRIAL DEMAND
§ § §

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female,

and to provide appropriate relief to Patricia Suarez and a class of similarly situated females who were

adversely affected by such practices. More specifically, the Equal Employment Opportunity

Commission (the "Commission") contends Defendant Los Comales, Inc. d/b/a Los Comales

Restaurant ("Los Comales"), through its President and CEO Merced Benitez, sexually harassed Ms.

Suarez because of her sex, female, by making sexually crude and offensive statements, touching her

inappropriately, trying to force a kiss on her, and requesting sexual favors. Similarly situated

females were also subjected to sexual harassment. In addition, the Commission alleges that Patricia

Suarez, and a class of similarly situated females, were forced to quit their employment with

Defendant Los Comales because the harassment created intolerable working conditions.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuantto 28 U.S.c. §§451, 1331, 1337, 1343

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and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 US.c. §1981a.
2. The employment practices alleged to be unlawful were and are being committed within the jurisdiction of the United States District Court for the Western District of Texas, Austin Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 US.c. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Los Comales has continuously been a Texas corporation, doing business in the State of Texas and the City of Austin and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Los Comales has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.c. §§2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Patricia Suarez filed a charge with the Commission alleging violations of Title VII by Defendant Los Comales. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 2002, Defendant Los Comales has engaged in unlawful employment practices at its Austin, Texas restaurant, in violation of Section 703(a)(1) of Title VII,

Plaintiff's Original Complaint

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42 U.S.C. §2000e-2(a)(1), including the following: (a) Defendant's President and CEO, Merced Benitez, harassed Patlicia Suarez and a class of similarly situated females because of their sex, female, by subjecting them to repeated unwelcome touching, attempted kisses on the mouth, sexually graphic remarks and persistent requests for dates and sexual favors; and (b) As a result of the severe sexual harassment, the working conditions for Patlicia Suarez and a class of similarly situated females became so intolerable that they felt compelled to quit.
8. The effect of the practices complained of in paragraph seven above has been to deplive Patlicia Suarez and a class of similarly situated females of equal employment opportunities and to otherwise affect their status as employees because of their sex.
9. The unlawful employment practices complained of in paragraph seven above were and are intentional.
10. The unlawful employment practices complained of in paragraph seven above were and are being done with malice or reckless indifference to the federally protected lights of Patlicia Suarez and a class of similarly situated females.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Los Comales, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in a hostile work environment and any other employment practice which discliminates on the basis of sex, female; B. Order Defendant Los Comales to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects

Plaintiff's Original Complaint

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of its past and present unlawful employment practices; C. Order Defendant Los Comales to make whole Patricia Suarez, and a class of similarly
situated females, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement and/or front pay for Patricia Suarez and a class of similarly situated females;
D. Order Defendant Los Comales to make whole Patricia Suarez, and a class of similarly situated females, by providing compensation for past and future pecuniary losses reSUlting from the unlawful employment practices described in paragraph seven above, including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
E. Order Defendant Los Comales to make whole Patricia Suarez, and a class of similarly situated females, by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph seven above, including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order Defendant Los Comales to pay Patricia Suarez, and a class of similarly situated females, punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action.

Plailltifj"s Original Complamt

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Cousnel JAMES L. LEE Deputy General Counsel GWENDOL YN YOUNG REAMS Associate General Counsel
~b~
ROBERT B. HARWIN

Plaintiffs Original Complaint

Trial Attorney Texas Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Tel: (210) 281-7613 Fax: (210) 281-7669
ATTORNEYS FOR PLAINTIFF
PageS

 
 Case 1:03-cv-00688-SS Document 10 Filed 05/19/2004 Page 1 of 12

(":1. tD

IN THE UNITED STATES DISTRICT COURf'

.r :'"",

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

L:-:~', 1;\' 19 Fe: 'l: 05

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

LOS COMALES, INC. D/B/A LOS COMALES §

RESTAURANT,

§

§

Defendant.

§

Civil No. A-03-CA-688-SS

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Los Comales, Inc. d/b/a Los Comales

Restaurant ("Los ComaJes"). This Consent Decree resolves the allegations raised by the EEOC

in the above-referenced Civil Action No. A-03-CA-688-SS. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act

of 1991, to correct alleged unlawful employment practices on the basis of sex, female, and to

provide appropriate relief to Patricia Suarez and a class of similarly situated females who were

adversely affected by these alleged practices. Specifically, the EEOC alleged that Ms. Suarez and a class of similarly situated females were subjected to sexual harassment 10 the point of being constructively discharged.

The EEOC and Los Comales wish to settle this action, without the risks, uncertainties and expenses of continued litigation, under the terms in the Decree.
IT IS ORDERED, ADJUDGED AND DECREED as follows: l. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing of this action have

Case 1:03-cv-00688-SS Document 10 Filed 05/19/2004 Page 2 of 12

been met. The parties stipulate to the Court's jurisdiction. 2. This Decree is entered in full and complete settlement of all claims contained in
this lawsuit. EEOC expressly reserves its right to process and litigate any other charges (other than EEOC Charge No. 36A-2003-00024) against Los Comales, which may now be pending or may in the future be filed against Los Comales.
SCOPE OF CONSENT DECREE 3. The duration of this Decree shall be three (3) years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Decree and may enter further orders or modifications as may be appropriate. Any violation of the Consent Decree by Los Comales or its agents or assigns shall toll the running of this three-year period as of the date of the violation. If the Court detem1ines this Consent Decree was violated, the threeyear period shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find that this Consent Decree was not violated, the three-year period shall recommence, retroactive to the date of the filing of the pleading alleging that a violation occurred.
INJUNCTIVE PROVISIONS 4. Los Comales is hereby enjoined from: (a) Discriminating against any employee on the basis of sex, female, including but
not limited to sexual harassment, in violation of Title VII; (b) Engaging in or being a party to any action, policy or practice that has the effect of
harassing or intimidating any employee on the basis of sex; and (c) Creating, facilitating or permitting the existence of a work environment that is
hostile to any employee through acts such as physical/verbal abuse and derogatory comments that rise to the level of a sexually hostile work environment and which could lead to constructive discharge, on the basis of sex.

Consent Decree

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5. Sexual Harassment Policy. Within ninety (90) days from the entry of this Decree, Los Comales will adopt a sexual harassment policy specifically adapted to a small restaurant business and ensure that it meets the following criteria:
(a) States that Los Comales: (i) prohibits discrimination against any employee on the basis of sex, female, in violation of Title VII; (ii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, female, in violation of Title VII; and, (iii) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the eXIstence of a work environment that is hostile to any employee through acts such as physical/verbal abuse and derogatory comments based on sex, female, in violation of Title VII;
(b) Defines and provides examples of sexual harassment; (c) Provides for prompt investigation of sexual harassment complaints and for
prompt action, which is appropriate and effective, to remedy the discrimination; (d) Upon the conclusion of Los Comales' investigation, the results of the
investigation and the remedial actions taken or proposed will be promptly communicated in writing to the complaining party; (e) Provides for substantial and progressive discipline for violating Los Comales' sexual harassment policy up to and including discharge; (f) Requires that all employees report incidents of sexual harassment to the person(s) identified by Los Comales as the person(s) charged with the responsibility for investigating discrimination complaints; and (g) Provides that Los Comales' sexual harassment policy and complaint procedures be in drafted in English and Spanish.

Consent Decree

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6. Complaint Procedures. Los Comales shall maintain a complaint procedure that is designed to encourage employees to come forward with complaints regarding violations of its sexual harassment policy regardless of the position held by the alleged harasser. Los Comales'

complaint procedure shall provide the following: (a) Simple, convenient, confidential and reliable mechanisms for reporting incidents of sexual harassment; (b) Prompt investigation of complaints of sexual harassment; (c) Written findings of the results of any investigation of a discrimination complaint and the remedial actions proposed, if any; (d) An effective means of promptly communicating to the complaining party, m writing, the results of the investigation and the remedial actions taken or proposed, or not taken; (e) Appropriate remedial action to resolve the complaint and to deter future incidents of sexual harassment; and

(f) Assurances that complainants shall not be subjected to intimidation, harassment

and/or retaliation. 7. Mana~ement Accountability. Los Comales shall promote accountability by providing the following:

(a) Annual sexual harassment training to all officers, managers and supervIsory

personnel of Los Comales as stipulated in Paragraphs 10 through 11; The training shall (i) explain that sexual harassment is unlawful; (ii) instruct what conduct may constitute sexual harassment; (iii) explain the damaging effects of sexual harassment on its victims, their families, their co-workers, and the workplace environment; and (iv) ensure that Los Comales knows how to enforce Los Comales's sexual harassment policy;

Consent Decree

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(b) Substantial discipline, up to and including discharge, of any Los Comales
employee who violates Los Comales' sexual harassment policy;
(c) Imposing on all Los Comales officers, managers, and supervisory personnel a
duty to actively monitor all work areas to ensure compliance with Los Comales'
sexual harassment policy; and
(d) Requiring all Los Comales employees to report any incident and/or complaint of
sexual harassment of which they become aware to the person(s) responsible for
handling such complaints.
MONETARY RELIEF
8. Defendant Los Comales, in settlement of this dispute, shall pay a total sum of
$32,000.00 (THIRTY-TWO THOUSAND DOLLARS AND 001100) which will be apportioned
as follows:
(a) No later than thirty (30) days after the entry of this Decree, or by June 1, 2004, whichever comes first, Defendant shall pay it's first installment of $8,000.00 (EIGHT THOUSAND DOLLARS AND NOll 00) to be apportioned as follows:
(1) $6,000.00 to Patricia Suarez on or before June 1, 2004; (2) $1,000.00 to Alejandra Ortega on or before June 1, 2004; (3) $1,000.00 to Eloisa Fuentes on or before June 1,2004.
(b) The remaining $24,000.00 (TWENTY·FOUR THOUSAND AND NOIlOO) shall be paid over the next three (3) years, in quarterly installments equaling $2,000.00 (TWO THOUSAND DOLLARS AND NOll 000), with the first of the quarterly payments due on or before September 1, 2004, and payments due thereafter on or before the first day of December, March, June and September, until full payment of the outstanding balance, with the last of the quarterly installments to be paid on or before June 1, 2007.
Eleven (11) quarterly payments due on or before September 1, 2004; December 1, 2004; March 1, 2005; June 1, 2005; September 1, 2005; December 1, 2005; March 1,2006; June 1, 2006; September 1, 2006; December 1, 2006; and March 1, 2007, shall be apportioned as follows:

Consent Decree

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(1) $1,166.66 to Patricia Suarez; (2) $416.66 to Alejandra Ortega; and (3) $416.66 to Eloisa Fuentes.
Final quarterly payment, due on or before June 1, 2007, shall be apportioned as follows:
(1) $1,166.74 to Patricia Suarez (2) $416.74 to Alejandra Ortega; and (3) $416.74 to Eloisa Fuentes.
(c) Payments shall be made by certified check and mailed directly to each class member at the following addresses:
(1) Patricia Suarez 1007 N. Oxaka Street Roma, Texas 78584
(2) Alejandra Ortega 1906 E. 9th Street #B Austin, Texas 78702
(3) Eloisa Fuentes 5701 Johnny Morris #174 Austin, Texas 78724
(d) The balance due under subparagraph (b) hereto, may be paid in full prior to the date(s) due, with no penalty, and the term of the Consent Decree shall expire upon full payment of the outstanding balance.
9. A copy of all the settlement checks, and any accompanying transmittal documents
shall be forwarded to Robert Harwin, Regional Attorney, San Antonio District Office, United
States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San
Antonio, Texas 78229.
TRAINING
10. During the tenns of this Consent Decree, Los Comales will provide annual
training on Title VII according to the following tenns:

Consent Decree

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(a) Los Comales shall retain and pay the Law Offices of Mack Ray Hemandez, or other attomeys acceptable to the EEOC, to provide a day's training of no less than six (6) hours to all of Los Comales's owners, officers, managers, supervisors and employees on the subject of the employment provisions of Title VII, including sex based discrimination, hostile work environment, and sexual harassment;
(b) All participants shall be required to sign a registry upon completion of the training; and Los Comales shall provide the initial training session in accordance with this Paragraph within ninety (90) calendar days of the entry of this Decree;
(c) Within thirty (30) days after the anniversary of the entry of this Decree, Los Comales shall provide this same training pursuant to and in compliance with this Paragraph for all new Los Comales employees; and
(d) Within twenty (20) business days prior to any proposed training pursuant to this Decree, Los Comales shall submit the date(s) of the proposed training session and a topic outline of the contents of the training to EEOC. EEOC shall then have ten (l0) business days from the date of receipt of the infom1ation to accept or reject the contents of the topic outline. In the event that EEOC does not approve Los Comales's topic outline, Los Comales shall have ten (10) business days to submit a revised outline.
11. Within ten (l0) days after the completion of each required training session, Los Comales shall certify to EEOC, in writing, that the required training has taken place and that required personnel attended. Such certification shall include:
(a) The date, location and duration of the training; and (b) A copy of the registry of attendance which shall include the name and position or
title of each person in attendance.

Consent Decree

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POSTING REQUIREMENT 12. Within ten (10) business days after entry of this Decree, Defendant shall post copies of the Notice (11 in. x 17 in.) attached as Exhibit "A" to this Decree at its Los Comales Restaurant in a conspicuous location easily accessible to and commonly frequented by employees. The Notice shall remain posted for the duration of this Decree. Los Comales shall ensure that the posting is not altered, defaced or covered by any other material. Los Comales shall certify to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. Los Comales shall permit a representative of EEOC to enter Los Comales's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours.
RECORD KEEPING 13. During the term of this Decree, Los Comales shall maintain records (including name, sex, age, social security number, address and telephone number) of each person who complains, either orally or in writing, of sexual harassment or hostile work environment. Additionally, Los Comales shall maintain records of the investigation and resolution of each complaint. 14. During the tenn of this Decree, Los Comales shall provide to the EEOC, at Los Comales's expense, copies of complaints and documents relating to complaints filed or made pursuant to Paragraphs 5 and 6, investigations, findings, and remedial actions undertaken by Los Comales pursuant to Paragraphs 5, 6, and 13. 15. Nothing contained in this Decree shall be construed to limit any obligation Los Comales may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 16. Los Comales shan furnish to EEOC the following written reports semiannually

Consent Decree

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for the term of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due six months after the expiration of the Decree. Each report shall contain:
(a) Copies of all complaints and documents relating to complaints filed or made pursuant to Paragraphs 5 and 6;
(b) All written findings relating to the complaint and investigation and remedial actions proposed pursuant to Paragraphs 5 and 6;
(c) All documents relating to resolution of the complaints and any remedial actions taken, if any; and
(d) A certification by Los Comales that the Notices required in Paragraph 12 remained posted during the entire tern1 of this Decree.
17. During the term of this Consent Decree, Los Comales shaH provide all employees hired after the entry of this Decree with a copy of the Los Comales's Employee Manual and policies concerning sexual harassment.
MISCELLANEOUS PROVISIONS 18. Los Comales shall bear the costs associated with administering and implementing the provisions of this Decree. 19. Except as provided herein, the parties to this Decree shall bear their own costs and attorney's fees. Furthermore, the patiies agree that pursuant to Section 706(k) of Title VII, 42 U.S.C. § 2000e-5(k), there is no "prevailing party" in this action or proceeding. 20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns and successors of Los Comales and the EEOC.

Consent Decree

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21. When this Consent Decree requires the submission by Los Comales of documents

or other materials to EEOC, such documents or other materials shall be mailed to Robert B.

Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

The Clerk shall furnish a copy hereof to each attorney of record.

m.vy 19 ~ SO ORDERED AND ENTERED this

day of

,2004.

Consent Decree

Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083
Sup rvisory Trial Ii. orney j
Tt( as State Bar No. 19708300
\
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Attorney "'-. Texas State Bar No. 09
\
LA W OFFICES OF MAC
524 N. Lamar, Suite 202 Austin, Texas 78703 Telephone: (512) 477-9433 Telecopier:(512) 477-8738
ATTORNEY FOR DEFENDANT

~,~u::
r~ EDWARD JUAREZ ..
Trial Attorney Texas State Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

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EXHIBIT A
NOTICE AS REQUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
1. This NOTICE to all employees of Los Comales, Inc. d/b/a Los Comales Restaurant is being posted as part of an agreement between Los Comales, Inc. and the U.S. Equal Employment Opportunity Commission.
2. Federal law requires that there be no discrimination against any employee or applicant for employment because of that person's race, color, religion, sex, national origin, or age with respect to hiring, compensation, promotion, discharge, or other tem1s, conditions or privileges of employment.
3. Los Comales, Inc. strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission.
4. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex, or disability, or that you are being subjected to harassment because of your sex or because of having engaged in Title VII-protected activity, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229-3555, (210) 281-7600 or 1-800-669-4000.
5. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission.
6. Basing employment actions on the gender of an employee may also constitute a violation of Title VII of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation of this company policy will be subject to written reprimand, suspension, and/or discharge.
7. This NOTICE will remain posted until June 1, 2007, by direction of the U.S. Equal Employment Opportunity Commission.

 
 CM/ECF LIVE - U.S. District Court:txwd - Docket Report

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U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:03-cv-00688-SS

CLOSED

Equal Employment Opp v. Los Comales, Inc. Assigned to: Honorable Sam Sparks Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V.
Defendant
Los Comales, Inc. doing business as Los Comales Restaurant

represented by Mack Ray Hernandez Law Offices of Mack Ray Hernandez 524 N. Lamar Suite 202 Austin, TX 78703 (512) 477-9433 Fax: 512/477-8738 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 09/29/2003 10/01/2003 10/29/2003
12/09/2003 12/10/2003
01/22/2004 01/22/2004 01/26/2004
02/18/2004
05/17/2004 05/19/2004

#

Docket Text

Case assigned to Honorable Sam Sparks (fe) (Entered: 09/29/2003)
1 Complaint filed. (Pages: 5) (fe) (Entered: 09/29/2003)
Court file fowarded to Judge Sparks (td) (Entered: 10/01/2003)
2 Waiver of Service by Los Comales, Inc. ; Notice and Request Mailed on 10/14/03 ; Answer due on 12/15/03 for Los Comales, Inc. (fe) (Entered: 10/29/2003)
3 Answer by Los Comales, Inc. (td) (Entered: 12/09/2003)
4 Order that the paarties confer and submit a proposed scheduling order to the Court by February 6, 2004 ... Signed by Honorable Sam Sparks (td) (Entered: 12/10/2003)
5 Notice of filing by Equal Employment Opp, Los Comales, Inc. - joint Rule 26(F) report. (mc2) (Entered: 01/22/2004)
6 Recommendations for scheduling order by Equal Employment Opp, Los Comales, Inc. (mc2) (Entered: 01/22/2004)
7 Scheduling order setting Joining of parties, amending of pleadings on 6/30/04; Deadline for filing of all motions 9/17/04; Discovery cutoff 8/16/04; Docket Call set for 11:00 10/29/04; Alternate Dispute Resolution Report due by 2/20/04, signed by Honorable Sam Sparks (td) (Entered: 01/26/2004)
8 Alternate Dispute Resolution Report filed by Equal Employment Opp, Los Comales, Inc., Party(s) agree to Alternate Dispute Resolution (td) (Entered: 02/19/2004)
9 Joint motion by Equal Employment Opp, Los Comales, Inc. to enter consent decree (td) (Entered: 05/18/2004)
10 Consent Decree filed and signed by Honorable Sam Sparks (td) (Entered: 05/20/2004)

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05/19/2004 05/19/2004

11 Final Judgment Order Entering Consent Decree signed by Honorable Sam Sparks (Pages: 1) (td) (Entered: 05/20/2004)
Case closed (td) (Entered: 05/20/2004)

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