Case 0:06-cv-00988-JNE-SRN Document 1-1 Filed 03/07/2006 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
RAINBOW RESTAURANT PROPERTIES, INC., d/b/a Chino Latino Restaurant,
Defendant.

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CIVIL ACTION NO.

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)

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COMPLAINT

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Jury Trial Demand

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)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of harassment based upon national origin and retaliation. Specifically, Defendant discriminated against Hispanic employees by subjecting them to harassment based upon their national origin, and retaliated against Pedro Carrasco and Edwin Santoscoy when it terminated their employment because they facilitated a meeting that addressed the complaints of the Defendant's Hispanic employees. Defendant's actions violated Sections 703(a) and 704(a) of Title VII, 42 U.S.C. §§2000e-2(a) and 2000e-3(a).
JURISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) ("Title VII").

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2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Minnesota.
PARTIES 3. The Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant has continuously been a Minnesota corporation doing business in the State of Minnesota and the City of Minneapolis, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant has continuously been an employer engaged in an industry affecting commerce under Sections 70l(b), (g) and (h) ofTitle 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, Pedro Carrasco filed a charge with the EEOC alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Defendant employs a large number of Hispanic employees, most of whom work in the back of the restaurant. During all relevant times, Defendant subjected its Hispanic employees to harassment and different terms and conditions of employment because of their national origin. The harassment and different terms and conditions of employment included, but was not limited
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Case 0:06-cv-00988-JNE-SRN

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to, use of hostile epithets, slurs, different ~iscipline, and harsher treatment based upon their

national origin,

8. In 2003, Charging Party Carrasco and Claimant Santoscoy organized a meeting of

the Hispanic employees of Chino Latino. The employees met with an investigator retained by

Parasole Restaurant Holdings, which manages Chino Latino, to discuss work place issues.

During this meeting, employees complained about differential treatment based upon their

national origin. Carrasco and Santoscoy participated in proceedings under Title VII and opposed

actions made unlawful by the statute.

9. As a result of their participation and opposition, the employment of Carrasco and

Santoscoy were terminated in retaliation by Chino Latino .

10. Defendant's action are in violation of Sections 703(a) and 704(a) ofTitle VII, 42

U.S.C. §§2000e-2(a) and 2000e-3(a).

11. The effect of the practices complained of above has been to deprive Carrasco and

Santoscoy of equal employment opportunities and otherwise adversely affect their status as

employees because of retaliation. The effect of the practices complained about has been to

subject a class of Chino Latino employees to harassment based upon their national origin and to

different terms and conditions of employment because they are Hispanic.

12. The unlawful employment practices complained of above were intentional.

13. The unlawful employment practices complained of above were done with malice

or with reckless indifference to the federally protected rights of Carrasco, Santoscoy, and

Hispanic employees subjected to the harassment and differential treatment..

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PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of national origin and retaliation. B. Order Defendant to make whole Carrasco and Santoscoy, by providing appropriate backpay 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 rightful place reinstatement . C. Order Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant to make whole Carrasco, Santoscoy and others by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of in paragraph of above, in amounts to be determined at trial. D. Order Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant to make whole Carrasco, Santoscoy and others by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional distress, in amounts to be determined at trial. E. Order Defendant Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant to pay Carrasco, Santoscoy and others punitive damages for its malicious and reckless conduct, complained of above, in amounts to be determined at trial.
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F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the EEOC its costs ofthis action. JURY TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by its Complaint. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
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Case 0:06-cv-00988-JNE-SRN Document 1-1 Filed 03/07/2006 Page 6 of 6

Ma Dated: rdll, M:J~

(_y
P.Kamp ssociate Regional Attorney
~~· /" ~ = a eA. Vas1chek (171438) Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Minneapolis Area Office 330 South Second Avenue, Suite 430 Minneapolis, MN 55401-2224 (612) 335-4047 laurie. vasichek@eeoc.gov

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 Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 1 of 27

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
RAINBOW RESTAURANTS PROPERTIES, INC., d/b/a CHINO LATINO RESTAURANT,
Defendant.

Case No. 06-CV-988 (PJS/JJG)
PROPOSED CONSENT DECREE

INTRODUCTION Plaintiff Equal Employment Opportunity Commission (hereinafter the “EEOC”) has instituted this action alleging that Defendant Rainbow Restaurants Properties, Inc., d/b/a Chino Latino Restaurant (“Chino Latino”) discriminated against Pedro Carrasco and Edwin Santoscoy because of their national origin and in retaliation for opposing matters made unlawful by Title VII of the Civil Rights Act of 1964. The EEOC also contends that Chino Latino subjected other employees to harassment because of their national origin — Hispanic or Latino — from January 2003 to the present. THEREFORE, upon the consent of the parties, and upon review by the Court of these terms, it is ORDERED, ADJUDGED, and DECREED that the following terms are given preliminary approval, subject to a notice to the claimants and a hearing upon the fairness of this proposed Consent Decree as set forth herein:

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I. JURISDICTION This Court has jurisdiction over the parties and the subject matter of this action.
II. FINDINGS A. The purposes of Title VII and public interest will be furthered by the entry of this
Decree. B. The terms of this Decree constitute a fair and equitable settlement of this action.
III. SCOPE A. Chino Latino has provided on the attached Exhibit A a true and complete list of
every employee whom Chino Latino believes to be Hispanic or Latino who worked for Chino Latino at any time during the period January 2003 through the present. Chino Latino has separately provided the EEOC with the last known address and social security number of those persons listed on Exhibit A. This Decree constitutes the full, final and complete resolution of the EEOC’s claims in its Complaint that Chino Latino violated Title VII by harassing its Hispanic and Latino employees, and by discriminating and retaliating against Pedro Carrasco and Edwin Santoscoy.
B. By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charge that created the procedural foundation for the complaint in this case. Chino Latino represents that it has no other charges of national origin discrimination or retaliation pending before the EEOC other than that forming the procedural basis of this case.
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IV. TERM The Term of this decree shall be two (2) years from the Effective Date hereof. The
Effective Date hereof shall be the date that the District Court enters a final order approving this Consent Decree. V. INJUNCTION AGAINST DISCRIMINATION AND RETALIATION
Chino Latino will not discriminate on the basis of national origin in violation of Title VII, nor will it retaliate against persons opposing matters made unlawful under Title VII or who participate in proceedings under Title VII. Chino Latino will not harass employees based upon their national origin. VI. CREATION OF OMBUDSPERSON
A. Chino Latino will create a position of Ombudsperson. The Ombudsperson will be responsible for monitoring, soliciting, and resolving complaints of Hispanic and Latino employees relating to the working conditions at Chino Latino, specifically complaints of discrimination, harassment, or retaliation. The Ombudsperson will be responsible for conveying those complaints to Chino Latino. Chino Latino may, in its discretion, assign additional duties to the Ombudsperson.
B. The Ombudsperson will speak Spanish. The Ombudsperson will be trained in the antidiscrimination laws. The Ombudsperson may be part of the Human Resources Department of Parasole Restaurant Holdings, the management company for Chino Latino. The Ombudsperson will visit Chino Latino at least once every two weeks to monitor the working conditions of the Hispanic and Latino employees.
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VII. CREATION OF A HOTLINE A. Chino Latino will create and maintain for the term of this Decree a hotline for
employees to lodge complaints of discrimination and retaliation. The hotline will include instructions in Spanish and English. Callers will be able to make their complaints anonymously.
B. Chino Latino will inform its employees of the hotline within thirty (30) days of the Effective Date of this Decree. Chino Latino will include the number of the hotline in its Employee Handbook. VIII. TRAINING
A. On an annual basis, Chino Latino will train all its management employees on the laws against national origin discrimination and retaliation. The EEOC will be invited as a silent observer to these training sessions. Each session shall last no less than three hours.
B. Within 30 days of his or her appointment, the Ombudsperson will meet with the Hispanic and Latino employees of Chino Latino on each shift, explain his or her role, and outline the procedures to protect against discrimination, harassment and retaliation. The Ombudsperson will solicit evaluations and suggestions regarding his/her role and the procedures, and those evaluations and suggestions will be reviewed and considered by Chino Latino in structuring the Ombudsperson’s position. Copies of the suggestions and evaluations will be made available to the EEOC. IX. POSTING AND POLICIES
A. Chino Latino shall post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation 29 C.F.R. §1601.30 in all facilities owned and operated by Chino Latino.
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B.

Chino Latino shall post and cause to remain posted this Decree in those places

where employee notices are generally posted in its workplace.

X. EMPLOYEE ADVISORY COMMITTEE

An employee committee made up of at least one-half Hispanic or Latino employees shall

be formed to review and present feedback to Chino Latino regarding its marketing and

advertising efforts.

XI. MONETARY REMEDY

A. Chino Latino agrees to pay a total of Three Hundred Twenty-Five Thousand

Dollars ($325,000) in resolution of this matter.

B. Of this total amount, $275,000 shall be allocated to pay claims identified by the

EEOC. Claim forms shall be distributed to all former and current employees listed in Exhibit A.

The EEOC shall determine the portion of this fund (if any) that shall be distributed to each

employee who returns a timely completed claim form based on the merits of the employee’s

claims and other pertinent factors relating to the employee’s claims.

C. Of this total amount, $50,000 shall be allocated on a pro rata basis to pay all

former and current employees listed in Exhibit A. This pro rata payment shall be mailed to the

last known address of the employees after they submit timely signed release forms to the EEOC.

Any check to an employee receiving only a pro rata payment from the $50,000 fund (i.e., an

employee who did not submit a timely claim form) that has not been cashed within 180 days

shall be cancelled. The amounts of any such cancelled payments shall be reallocated, in a pro

rata distribution, to the employees identified by the EEOC pursuant to Subparagraph B (i.e., the

employees who did submit timely completed claim forms).

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D. Within thirty days after the expiration of the time for the execution of Release forms, as set forth in Section XIV(F) below, Chino Latino shall distribute payments in the form of checks to the persons, and in the amounts, identified to Chino Latino by the EEOC. Employees who submit timely claim forms pursuant to Subparagraph B will receive a single check representing their share of the $275,000 fund, based on the EEOC’s evaluation of their claims, plus their pro rata share of the $50,000 fund. Other employees will receive a single check representing their pro rata share of the $50,000 fund and subject to the 6-month forfeiture provision of Subparagraph C. The amounts paid in accordance with this Section have been claimed as compensatory damages, and based on this claim shall be treated for all purposes under this Consent Decree as compensatory damages.
E. Employees who do not sign a waiver and release (attached as Exhibit B) will not be allowed to recover under Subparagraphs B or C. Any money unclaimed because an employee declines to sign the waiver and release or forfeited because an employee failed to cash a check within 6 months under Subparagraph C will be redistributed pro rata to those claimants who filed claim forms under Subparagraph B and signed a waiver and release. In the event that the unclaimed money is so de minimis as to make distribution impracticable, the EEOC shall direct Chino Latino to donate the money to a charity or other institution of the EEOC’s choice subject to Court’s prior approval. XII. TRANSLATION OF DOCUMENTS
All communications with the persons in Exhibit A, including this Decree and all notices issued pursuant to this Decree, shall be in English and Spanish.
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XIII. CLAIM PROCEDURE A. Promptly after the Court’s preliminary approval of this Decree, the EEOC shall
mail a Notice of the proposed Decree (Exhibit C), together with a Claim Form (Exhibit D), by certified mail, return receipt requested, to each person identified on Exhibit A. The EEOC will also include a copy of the proposed Release and Waiver that claimants must execute to recover a monetary distribution under this Decree.
B. Claim forms must be actually received by the EEOC within sixty (60) days of the postmarked date of the Notice of the proposed Decree. The EEOC shall include in the cover letter accompanying the Notice of the proposed decree the specific date by which the executed claim form must be received by the EEOC. Any claim form received after that date shall not be considered timely. Failure to submit a timely Claim Form shall disqualify Claimants from receiving any relief under Section XI(B) of this Decree. Claim forms must be mailed to:
Laurie A. Vasichek Senior Trial Attorney EEOC 330 2nd Ave. S., Suite 430 Minneapolis, MN 55401 612-335-4040
XIV. HEARING ON CONSENT DECREE A. The Court shall conduct a hearing on the fairness of this Decree on September 7,
2007, at 9 a.m. B. Thirty (30) days before the hearing, the EEOC will submit to the Court a list of all
proposed claimants and proposed monetary distributions for its review and approval as part of the hearing on the fairness of this Decree. The EEOC will also notify each claimant of the
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amount of his or her proposed distribution and the right to file objections to the proposed Consent Decree.
C. If any person wishes to object to the entry of this Decree, he or she must file with the Court a detailed written objection. The objection may be in Spanish or in English. The objector must mail the original objection to the Court and mail copies to each of the representatives of the parties listed below, postmarked within fifteen (15) days after the postmark date of the EEOC’s notification to the objector of the proposed distribution.
D. The EEOC and Chino Latino shall have the right to respond to any objections. Responses, if any, must be filed with the Court no later than seven (7) days before the hearing.
E. If the Court disapproves any major substantive provision of this Decree, or the amount of the distributions to the claimants, the parties shall not be bound by this proposed Consent Decree in any way and shall be free to litigate the issues raised in the EEOC’s Complaint or to renegotiate any other settlement agreement.
F. If the Court approves this Decree after the fairness hearing, the EEOC shall mail the Release and Waiver attached as Exhibit B to each current and former employee listed in Exhibit A within seven (7) business days of the Court’s order finally approving the decree. The Claimants shall have twenty (20) calendar days to review the Release and Waiver, execute it, and mail it back to the undersigned counsel for the EEOC. XV. REPORTING
A. Chino Latino shall submit to the EEOC on a quarterly basis a certification of compliance with this Decree. The EEOC may review Chino Latino’s compliance with the Decree during the term of this Decree upon written notice to Chino Latino’s attorney of record at least seven (7) business days in advance of any inspection of Chino Latino’s documents or
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premises. Upon such notice, Chino Latino shall allow representatives of the EEOC to review Chino Latino’s compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises.
B. Quarterly during the term of this Decree, Chino Latino shall notify the EEOC of any complaints of national origin discrimination or retaliation, the name and address of the person making the complaint, and the disposition of the complaint. Chino Latino shall submit to the EEOC any documents that the EEOC requests relating to the complaint.

Dated: April 27 , 2007
BY CONSENT: FOR DEFENDANT:
s/Phil Roberts Phil Roberts Chief Executive Officer Rainbow Restaurant Properties, Inc. 5032 France Avenue Edina, MN 55410

s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge

FOR PLAINTIFF:

s/Laurie A. Vasichek

.

Laurie A. Vasichek (0171438)

Senior Trial Attorney

Equal Employment Opportunity

Commission

330 Second Avenue South, Suite 430

Minneapolis, MN 55401

(612) 335-4061

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 10 of 27
EXHIBIT A
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NAME Rodriguez, Rogelio Inamagua, Manuel J Alvarado, Abel Leon Mejia, Patricio C Parra, Carlos Anibal Bermeo Hernan Inamagua B, Wilson Alvarado, Raul Alfredo Loresca, Especianise L Esperance, Anne M Inamagua, Raul D Robles, Miguel P Cumbe, Patricio Alvarado, Carlos V Pinos, Juan P Mendez Graterol, Adalberto J Hernandez, Christian E Amelotti, Osvaldo J Collaguazo, Manuel J Navarro, Tim J Almeida, Graziela Diaz, Christopher Vizuete, Maria C Ortiz, Oswaldo Molina, Maria Molina, Ana Astudillo, Zoila C Benabides, Oscar Carrasco, Pedro M Guallpa, Nancy Germania Duta, Clemencia Llapa, Rosa E Encalada, Elvia Perete, Julia Servantes Guachichulca, Angel Benedicto Santoscoy, Edwin Rivera, Luis Rafael Bermeo, Jorge M Ortiz, Gloria V Molina, Nieves Mora Merchan, Wilson V Vidal, Maria S Padilla, Joffre Ordaz, Abel Betanzos

Department Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped
Runner Runner
Host Host Host Host Host Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook
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Status Former Employee Active Employee Active Employee Former Employee Former Employee Active Employee Active Employee Former Employee Former Employee Active Employee Former Employee Former Employee Active Employee Active Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Active Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Active Employee Active Employee Former Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Active Employee Active Employee Former Employee

Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 12 of 27

Solis, Paula Solange Mijangos Carrasco, Luis Cinta, Ana Elda Milla Marcos, Rigoberto Jimenez Carmona, Hector Lopez Mejia Sisalima, Aueda E Sales, Ramiro Jara, Trancito M Camacho, Laura Morales, Adalit A Gonzalo, Sari Arruda, Roberto M Padilla, Jorge R Marcos, Manuel Ordaz Inamagua, Luis Noranjo, Norma I Lopez Quizhpe, Mari T Zambrano Y, Lucio Pedraza, Israel Rivera Carrasco, Omar Mijangos Marcos, Jesus Lopez Marcos, Ingrid S Ordaz Dorantes, Damaris Riera, Lupe M Alvarez Pedraza, Humberto Rivera Sarimiento, Orly Fonse, Pedro A Ribiero Sarmiento, Rene Urgiles G, Anibal Geovanny Quinde, Jose Cabrera T, Eulaia E Torres, Andres Martinez Zhagui, Maria R Molina, Lucrecia Encalada, Jose R Orozco, Samuel Molina Rodriguez, Martin Cardenas, Claudio Velazquez, Alfredo Santiago Chino V, Luis Campos, Sidonio Sanchez Gomez Perez, Bernardo Gomez L, Jose Antonio Hernandez, Jesus Ortuno, Rosa C

Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Steward Steward Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher
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Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Active Employee Active Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Active Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Active Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee

Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 13 of 27

Gomez, Rolando Gomez Largo, Luis Zhagnay Carrasco, Mario H Marcos, Antonio Jimenez Vivar, Cesar E Pino Chavez, Segundo Torres Zambrano, Armando Carrasco, Artemio Mijangos Rodriguez, Ranulfo Chunchi, Maria Mora, Fabian R Vivar, Romel R Barrera, Gabino A Jimenez, Onesimo

Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher
Cleaner Cleaner Manager Manager

Active Employee Active Employee Former Employee Active Employee Active Employee Former Employee Active Employee Active Employee Active Employee Active Employee Active Employee Active Employee Former Employee Active Employee

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EXHIBIT B
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EXHIBIT B DRAFT
RELEASE AND WAIVER In consideration for $ ______________________________ paid to me by Rainbow Restaurant Properties, Inc., doing business as Chino Latino Restaurant (“Chino Latino”), in connection with the resolution of EEOC v. Rainbow Restaurant Properties, Inc., Case No. 06CV-988 (PJS/JJG) (D. Minn.), I waive my right to recover for any claims arising under Title VII of the Civil Rights Act of 1964 that I had against Chino Latino prior to the date of this Release and Waiver that were included in the claims alleged in EEOC’s complaint in EEOC v. Rainbow Restaurant Properties, Inc., Case No. 06-CV-988 (PJS/JJG) (D. Minn.)

Date:

Signature:

.

NOTE: This is a draft of the release and waiver form. You do not need to sign this now. Once the EEOC has determined the amount of your potential payment in this case, you will be sent a final release and waiver form that you will be required to sign in order to receive payment.

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EXHIBIT C
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
RAINBOW RESTAURANTS PROPERTIES, INC., d/b/a CHINO LATINO RESTAURANT,
Defendant.

Case No. 06-CV-988 (PJS/JJG)

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT (“NOTICE”)
TO: All Hispanic and Latino employees who worked for Rainbow Restaurant Properties, Inc., also known as Chino Latino Restaurant, at any time from and including January 2003 to the present.
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ THE COMPLETE NOTICE CAREFULLY.
I. Purpose of the Notice
A lawsuit brought by the United States Equal Employment Opportunity Commission (“EEOC”) against Rainbow Restaurant Properties, Inc., also known as Chino Latino Restaurant, is now pending in the United States District Court for the District of Minnesota. The name of the lawsuit is EEOC v. Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant, Case No. 06-CV-988 (PJS/JJG). This Notice will refer to Rainbow Restaurant Properties as “Chino Latino.”
The EEOC and Chino Latino have agreed to settle the lawsuit. You are one of the people entitled to payment if the settlement is approved by the Court. The amount of your payment will depend on the answers that you give on the attached claim form. In order to receive any money, you will be required to sign a release and waiver of your Title VII claims against Chino Latino. But you do not have to sign the release and waiver until after you have submitted your claim form (if you choose to submit one) and after the Court holds a hearing about the settlement.
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In this lawsuit, the EEOC alleges that Chino Latino discriminated against Hispanic and Latino employees because of their national origin. In its Complaint, the EEOC alleged that Chino Latino discriminated against Hispanic and Latino employees by harassing them based upon their national origin, and retaliated against employees who opposed the harassment. The EEOC claimed that Chino Latino retaliated against Pedro Carrasco and Edwin Santoscoy when it terminated their employment because they facilitated a meeting that addressed the complaints of Chino Latino’s Hispanic and Latino employees.
Chino Latino and the EEOC have agreed on the terms of a settlement of this case. The EEOC concluded, after investigation and after carefully considering the relevant circumstances and the applicable law, that it would be in the public’s best interest to settle this matter on the agreed-upon terms. The EEOC believes that the settlement would be in the public interest because it would assure that the benefits reflected in this Notice are obtained.
This Notice is to inform you of the terms of the proposed settlement and to advise you of your right to object to the settlement.
II. Claimants
Under the proposed settlement, all Hispanic and Latino employees who worked at Chino Latino Restaurant at any time from and including January 2003 to the present are Claimants and are entitled to make claims for payment from the settlement funds.
III. Settlement Benefits for Claimants
A. If the settlement is finally approved by the Court, Chino Latino will do the following things, among others, pursuant to the terms of the settlement:
1. Chino Latino will not discriminate on the basis of national origin in violation of Title VII, nor will it retaliate against persons opposing matters made unlawful under Title VII or who participate in proceedings under Title VII. Chino Latino will not harass employees based upon their national origin.
2. Chino Latino will create the position of Ombudsperson. The Ombudsperson will be responsible for monitoring, soliciting and resolving complaints of Hispanic and Latino employees relating to the working conditions at Chino Latino, specifically complaints of discrimination, harassment, or retaliation. The Ombudsperson will speak Spanish. The Ombudsperson will be trained in the antidiscrimination laws, and visit Chino Latino at least once every two weeks to monitor the working conditions of the Hispanic and Latino employees.
3. Chino Latino will create a hotline for employees to lodge complaints of discrimination and retaliation. The hotline will include instructions in
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Spanish and English. Callers will be able to make their complaints anonymously.
4. Chino Latino will train all its management employees on the laws against national origin discrimination and retaliation.
5. Chino Latino will form an employee committee made up of at least onehalf Hispanic or Latino employees to review and present feedback to Chino Latino regarding its marketing and advertising efforts.
B. If the proposed settlement is finally approved by the Court, Chino Latino will provide to the Claimants the following monetary benefits:
1. Chino Latino agrees to pay a total of Three Hundred Twenty-Five Thousand Dollars ($325,000) in resolution of this matter.
2. Of this total amount, $275,000 shall be allocated to pay claims identified by the EEOC. Claim forms shall be distributed to all employees listed in Exhibit A to the Consent Decree. This amount will be called the $275,000 Settlement Fund.
3. The other $50,000 of the total amount shall be allocated on a pro rata basis to pay each Claimant listed in Exhibit A to the Consent Decree. This amount will be called the $50,000 Settlement Fund.
IV. Claims Process and Deadline
A. Claims Process. Every Claimant can recover a small amount from the $50,000 Settlement Fund, even if the Claimant does not submit a separate Claim Form or is determined by the EEOC not to be eligible to receive any payment from the $275,000 Settlement Fund.
To receive any payment from the $275,000 Fund, Claimants must complete the Claim Form that is attached to this Notice. The EEOC will determine the amount of the payment after consideration of the Claims submitted to it.
B. Claims Deadline. Claim forms must be received by the EEOC no later than 60 days from the postmark on this Notice. Any claim form received after that date shall not be considered timely. Failure to submit a timely Claim Form shall disqualify a Claimant from receiving any payment from the $275,000 Settlement Fund. Claim forms must be mailed to:
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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 20 of 27

Laurie A. Vasichek Senior Trial Attorney EEOC 330 2nd Ave. S., Suite 430 Minneapolis, MN 55401

A postage-paid return envelope is included with this Notice and claim form.

V. Rights and Options of Claimants

A. Notification of Payment of Settlement Proceeds. If you submit a timely claim form, the EEOC will notify you at the address you list on your Claim Form of the amount that it proposes you be paid from the settlement proceeds. This notification will take place before a hearing on the fairness of the proposed Consent Decree.

B. Final Hearing. A public hearing will be held before Judge Patrick Schiltz of the U.S. District Court for the District of Minnesota, located at United States Courthouse, 180 East Fifth Street, Saint Paul, Minnesota 55101. The hearing will determine whether the proposed Consent Decree is just, fair, reasonable, and adequate for the public interest and should be granted final approval. Claimants will be notified of the Hearing Date in the letter setting forth the proposed allocations.

C. Right to Object to Entry of the Consent Decree. If you are a Claimant, you have the right to object to entry of the Consent Decree. You must object no later than 15 days after the date of the postmark on the EEOC’s notification to you of the proposed payment of settlement proceeds to you. You must file with the Court a detailed written objection. Your objection may be in Spanish or in English. You must mail the original objection to the Court at this address:

Clerk’s Office Attn: Case No. 06-CV-988 (PJS/JJG) U.S. District Court for the District of Minnesota 316 N. Robert St. St. Paul, MN 55101

You must also and also mail copies to both of the following people:

Laurie A. Vasichek Senior Trial Attorney EEOC 330 2nd Ave. S., Suite 430 Minneapolis, MN 55401

Carl Crosby Lehmann Gray Plant Mooty 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402

Any objection that is not postmarked by the 15-day deadline will not be

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 21 of 27
considered by the Court.
D. Right to Attend Hearing. You may also attend the Final Hearing. You may ask to be heard by Judge Schiltz at the Final Hearing. In order to be heard, however, you must have submitted a timely written objection under the procedures set forth above in paragraph V(C).
VI. Release of Claims
A. If the proposed Consent Decree is finally approved, only those Claimants who sign a release and waiver of their claims under Title VII of the Civil Rights Act of 1964 against Chino Latino will receive a payment from the settlement proceeds. A copy of the Release and Waiver is included with this Notice.
VII. To Obtain Additional Information
A. The description of the litigation and the Consent Decree set forth in this Notice is general and does not cover all of the issues and proceedings thus far. If you have additional questions you can contact EEOC’s counsel:
Laurie A. Vasichek Senior Trial Attorney EEOC 330 2nd Ave. S., Suite 430 Minneapolis, MN 55401 (612) 335-4061
B. If you would like a copy of the complete Consent Decree, you may call and leave your name and address on the voice mail machine at (612) 335-4065. You will be sent a copy of the proposed Consent Decree in Spanish and in English.

Dated: April 27 , 2007

s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 22 of 27
EXHIBIT D
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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 23 of 27

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
RAINBOW RESTAURANTS PROPERTIES, INC., d/b/a CHINO LATINO RESTAURANT,
Defendant.

Case No. 06-CV-988 (PJS/JJG) CLAIM FORM

IT IS IMPORTANT THAT YOU READ THE NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
BEFORE YOU BEGIN FILLING OUT THIS CLAIM FORM
1. Name: _________________________________________________________________ Name while employed by Chino Latino: ______________________________________
2. Current Address (include city, state and zip code):

3. Home Telephone Number (include area code): __________________________________ Daytime Telephone Number (include area code): ________________________________
4. Approximate Dates of Employment with Chino Latino: From _______________________________ To ________________________________

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 24 of 27

5. Do you believe that, during your employment at Chino Latino, you were treated differently than other employees because you are Latino or Hispanic?

YES

NO

(Circle one)

Describe in detail all incidents of different treatment of you at Chino Latino that you believe occurred because you are Latino or Hispanic (continue on additional page if necessary):

6. Do you believe that, during your employment at Chino Latino, you were harassed because you are Latino or Hispanic?

YES

NO

(Circle one)

Describe in detail all incidents of harassment of you at Chino Latino that you believe occurred because you are Latino or Hispanic (continue on additional page if necessary):

7. Did you ever witness or learn about other employees at Chino Latino being treated differently or harassed because they were Latino or Hispanic?

YES

NO

(Circle one)

Describe in detail all incidents of different treatment or harassment of other employees that you witnessed or heard about that you believe occurred because the other employees at Chino Latino were Latino or Hispanic (continue on additional page if necessary):

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 25 of 27

8. Did you ever complain or speak to anyone in management at Chino Latino about you or other employees being treated differently or harassed because you or those other employees were Latino or Hispanic?

YES

NO

(Circle one)

Describe in detail each time you complained or spoke to anyone in management at Chino Latino about you or other employees being treated differently or harassed because you or they were Latino or Hispanic (continue on additional page if necessary):

9. Did you participate or attend any meeting with Alejandro Mendoza or otherwise provide Mr. Mendoza with information relating to the treatment of Hispanic or Latino employees at Chino Latino?

YES

NO

(Circle one)

10. If you complained or spoke to anyone in Chino Latino management about the working conditions of Latino or Hispanic employees, or if you spoke to Alejandro Mendoza or attended any of the meetings with him, do you believe that Chino Latino retaliated against you for your participation in these activities?

YES

NO

(Circle one)

Describe in detail how Chino Latino retaliated against you, including when the retaliation occurred and who retaliated against you (continue on additional page if necessary):

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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 26 of 27
11. If you are no longer employed by Chino Latino, state the reason(s) why your employment ended (continue on additional page if necessary):

12. Did you make any complaints (whether oral or written) of harassment or retaliation to any government agency, such as the EEOC?

YES

NO

(Circle one)

If YES, for each complaint, please describe to whom you made the complaint and the nature of the complaint (continue on additional page if necessary):

12. Did you participate at all in the EEOC’s investigation or its lawsuit against Chino Latino by, for example, being interviewed or submitting evidence to the EEOC?

YES

NO

(Circle one)

If YES, describe your participation (continue on additional page if necessary):

I understand that if I am awarded a payment from the Settlement Fund, I will have to execute the Waiver and Release of claims against Chino Latino that is attached as an exhibit to this Claim Form in order to receive that payment from the Settlement Fund.
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Case 0:06-cv-00988-PJS-JJG Document 10 Filed 04/27/2007 Page 27 of 27

I, ______________________________________, declare under penalty of perjury that all of the information on this form is true and correct.

__________________________ Date

______________________________________ Signature

-27 -

 
 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

RAINBOW RESTAURANTS PROPERTIES, )

INC., d/b/a CHINO LATINO RESTAURANT, )

)

Defendant.

)

______________________________________ )

Civil No. 06-988 PJS/JJG
ORDER FOR AMENDMENT TO CONSENT DECREE

INTRODUCTION Plaintiff Equal Employment Opportunity Commission (hereinafter the “Commission”) has instituted this action alleging that Defendant Rainbow Restaurants Properties, Inc., d/b/a Chino Latino Restaurant (“Chino Latino”) discriminated against Pedro Carrasco and Edwin Santoscoy because of their national origin and in retaliation

for opposing matters made unlawful by Title VII of the Civil Rights Act of 1964. It also contends that Chino Latino subjected other employees to harassment because of their national origin, Hispanic, during the period of 2003 to the present.
Upon consent of the parties, the Court entered a Proposed Consent Decree on April 27, 2007. [Docket No. 10] This Proposed Consent Decree provided that Exhibit A, provided by Chino Latino, was a true and complete list of every employee whom Chino Latino believes to be Hispanic or Latino who worked for Chino Latino at any time during the period January 2003 through the present. (Proposed Consent Decree, §III(A).) The Consent Decree further provides that the EEOC would send notices of the Proposed

1

Consent Decree and claim forms to persons listed on Exhibit A, and those persons would have a specified period to return the claim forms. (Proposed Consent Decree, §XIII).
During the claims process, the EEOC learned of two former employees who were omitted from Exhibit A. One of these persons requested and received a claim form from the EEOC, and returned it to the EEOC in a timely manner. The second individual did not receive a claim form, but did return a questionnaire that the EEOC had distributed to potential claimants during discovery in the litigation. This questionnaire was submitted a week after the close of the period to submit timely claims.
The EEOC notified counsel for Chino Latino, who confirmed that the two individuals had been inadvertently omitted from Exhibit A. The parties agreed that, in fairness to these claimants, who were intended beneficiaries under the Proposed Consent Decree, Exhibit A should be amended to include both claimants’ names, and both persons’ claims should be accepted as timely.
THEREFORE, upon the consent of the parties, it is ORDERED, ADJUDGED, and DECREED that the Court’s Proposed Consent Decree of April 27, 2007, is amended as follows: 1. The Amended Exhibit A, which is attached, is substituted for the prior
Exhibit A. 2. The claims of Luis Pinos and Rosario Geniz are accepted as timely
submitted under the Proposed Consent Decree.
2

DATE: 8/9/07

s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge

3

BY CONSENT:
GP:2249745 v1

PLAINTIFF:
/s/ Laurie A. Vasichek Laurie A. Vasichek (#171438) Senior Trial Attorney Equal Employment Opportunity Commission 330 Second Avenue South, Suite 430 Minneapolis, MN 55401
(612) 335-4061
FOR DEFENDANT: GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
___/s/ Carl Crosby Lehmann_____________ Judith Bevis Langevin (#36092) Carl Crosby Lehmann (#257345) Kathryn M. Nash (#0312496) Attorneys for Defendant 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402-3796 (612) 632-3000
4

AMENDED EXHIBIT A July 31, 2007
5

NAME Rodriguez, Rogelio Inamagua, Manuel J Alvarado, Abel Leon Mejia, Patricio C Parra, Carlos Anibal Bermeo Hernan Inamagua B, Wilson Alvarado, Raul Alfredo Loresca, Especianise L Esperance, Anne M Inamagua, Raul D Robles, Miguel P Cumbe, Patricio Alvarado, Carlos V Pinos, Juan P Mendez Graterol, Adalberto J Hernandez, Christian E Amelotti, Osvaldo J Collaguazo, Manuel J Navarro, Tim J Almeida, Graziela Diaz, Christopher Vizuete, Maria C Ortiz, Oswaldo Molina, Maria Molina, Ana Astudillo, Zoila C Benabides, Oscar Carrasco, Pedro M Guallpa, Nancy Germania Duta, Clemencia Llapa, Rosa E Encalada, Elvia Perete, Julia Servantes Guachichulca, Angel Benedicto Santoscoy, Edwin Rivera, Luis Rafael Bermeo, Jorge M Ortiz, Gloria V Molina, Nieves Mora Merchan, Wilson V Vidal, Maria S

Department Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped Front Tipped
Runner Runner
Host Host Host Host Host Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook
6

Status Former Employee Active Employee Active Employee Former Employee Former Employee Active Employee Active Employee Former Employee Former Employee Active Employee Former Employee Former Employee Active Employee Active Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee Active Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Active Employee Active Employee Former Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Active Employee

Padilla, Joffre Ordaz, Abel Betanzos Solis, Paula Solange Mijangos Carrasco, Luis Cinta, Ana Elda Milla Marcos, Rigoberto Jimenez Carmona, Hector Lopez Mejia Sisalima, Aueda E Sales, Ramiro Jara, Trancito M Camacho, Laura Morales, Adalit A Gonzalo, Sari Arruda, Roberto M Padilla, Jorge R Marcos, Manuel Ordaz Inamagua, Luis Noranjo, Norma I Lopez Quizhpe, Mari T Zambrano Y, Lucio Pedraza, Israel Rivera Carrasco, Omar Mijangos Marcos, Jesus Lopez Marcos, Ingrid S Ordaz Dorantes, Damaris Riera, Lupe M Alvarez Pedraza, Humberto Rivera Sarimiento, Orly Fonse, Pedro A Ribiero Sarmiento, Rene Urgiles G, Anibal Geovanny Quinde, Jose Cabrera T, Eulaia E Torres, Andres Martinez Zhagui, Maria R Ginez, Rosario Molina, Lucrecia Encalada, Jose R Orozco, Samuel Molina Rodriguez, Martin Cardenas, Claudio Velazquez, Alfredo Santiago Chino V, Luis

Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Cook Steward Steward Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher
7

Active Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Active Employee Active Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Active Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Former Employee Former Employee Active Employee Active Employee Active Employee Former Employee Active Employee Former Employee Former Employee Active Employee Former Employee Former Employee Former Employee Former Employee Former Employee Former Employee

Campos, Sidonio Sanchez Gomez Perez, Bernardo Gomez L, Jose Antonio Hernandez, Jesus Ortuno, Rosa C Gomez, Rolando Gomez Largo, Luis Zhagnay Carrasco, Mario H Marcos, Antonio Jimenez Vivar, Cesar E Pino Chavez, Segundo Torres Zambrano, Armando Carrasco, Artemio Mijangos Rodriguez, Ranulfo Chunchi, Maria Pinos, Luis Mora, Fabian R Vivar, Romel R Barrera, Gabino A Jimenez, Onesimo
GP:2249745 v1

Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher Dishwasher
Cleaner Cleaner Manager Manager

Former Employee Former Employee Former Employee Former Employee Former Employee Active Employee Active Employee Former Employee Active Employee Active Employee Former Employee Active Employee Active Employee Active Employee Active Employee Former Employee Active Employee Active Employee Former Employee Active Employee

8

 
 CLOSED,CV,T7
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:06−cv−00988−PJS−JJG

Equal Employment Opportunity Commission v. Rainbow Restaurant Properties, Inc. Assigned to: Judge Patrick J. Schiltz Referred to: Magistrate Judge Jeanne J. Graham Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 03/07/2006 Date Terminated: 09/10/2007 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Jean P Kamp Equal Employment Opportunity Commission 500 W. Madison Street Suite 2000 INACTIVE Chicago, IL 60661 312−869−8116 Fax: 312−869−8124 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John−NA C Hendrickson Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Vasichek Equal Employment Opportunity Commission 330 S 2nd Ave Ste 720 Minneapolis, MN 55401−2224 612−335−4061 Fax: 612−335−4044 Email: laurie.vasichek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Rainbow Restaurant Properties, Inc. doing business as Chino Latino Restaurant

represented by Carl Crosby Lehmann Gray Plant Mooty 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3000 Fax: 612−632−4234 Email: carl.lehmann@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith Bevis Langevin Zelle LLP 500 Washington Ave. S. Suite 4000 Minneapolis, MN 55415 612−339−2020 Email: jlangevin@zelle.com LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Reagan Wilkins Oden Faegre Baker Daniels LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612.313.7649 Email: reagan.oden@faegrebd.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/07/2006 03/27/2006 03/28/2006 05/01/2006 05/10/2006 05/11/2006 05/11/2006 05/30/2006
06/01/2006 09/07/2006 04/27/2007

# Docket Text
1 COMPLAINT with Jury Demand against Rainbow Restaurant Properties, Inc. assigned to Judge Joan N. Ericksen per Master referred to Magistrate Judge Susan R. Nelson, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JMH) Document QC'd on 8/28/2012. (rms) (Entered: 03/07/2006)
2 ANSWER to Complaint by Rainbow Restaurant Properties, Inc..(Lehmann, Carl) (Entered: 03/27/2006)
3 NOTICE OF PRETRIAL CONFERENCE Rule 26 Meeting Report due by 5/1/2006. Pretrial Conference set for 5/10/2006 02:30 PM in Minneapolis − in Chambers suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 3/28/06. (Attachments: # 1 Consent Form)(JLB) (Entered: 03/28/2006)
4 REPORT Rule 26(f) Report by Rainbow Restaurant Properties, Inc. and Equal Employment Opportunity Commission (Lehmann, Carl). Modified on 8/3/2006 − added EEOC as filer. (MMC). (Entered: 05/01/2006)
5 Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 5/10/2006. (JMH) Modified on 5/11/2006 (JMH). (Entered: 05/11/2006)
6 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2006. Discovery due by 2/15/2007. Motions (non−disp) due 3/1/2007. Motions (disp) due by 3/1/2007. Ready for trial due by 8/1/2007. Signed by Magistrate Judge Susan R Nelson on 5/11/06. (JLB) (Entered: 05/11/2006)
7 NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 9/6/2006 09:30 AM in Minneapolis − in Chambers Suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 5/11/06. (JLB) (Entered: 05/11/2006)
TEXT ENTRY ONLY−CLERK`S NOTICE OF REASSIGNMENT OF NEW JUDGE. This case is reassigned to Judge Patrick J Schiltz and Magistrate Judge Jeanne J Graham for all further proceedings. Any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise.
If you have questions regarding this assignment, please direct your inquiries to either Judge Schiltz' chambers at #651−848−1900 or Mary Lenner at #651−848−1890 in Magistrate Judge Graham's chambers. The new case number is 0:06−cv−00988−PJS−JJG. Please use this case number on future pleadings. Judge Joan N Ericksen and Magistrate Judge Susan R Nelson are no longer assigned to case. Signed by Clerk Richard D Sletten on 5/30/06. (JGG) (Entered: 05/30/2006)
8 DISCLOSURES Rule 25(a)(1) Initial Disclosure by Rainbow Restaurant Properties, Inc..(Lehmann, Carl) (Entered: 06/01/2006)
9 Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Settlement Conference held on 9/7/2006. Preliminary class settlement reached, subject to Court approval. (jc) (Entered: 09/07/2006)
10 Proposed Consent Decree. Signed by Judge Patrick J. Schiltz on 04/27/07. (bjs) (Entered: 04/27/2007)

08/08/2007 08/08/2007 08/09/2007 09/07/2007 09/10/2007
09/11/2007 02/06/2009 02/06/2009 02/09/2009 05/11/2009

11 NOTICE by Equal Employment Opportunity Commission of Proposed Allocations to Claimants (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 08/08/2007)
12 LETTER TO DISTRICT JUDGE by Rainbow Restaurant Properties, Inc.. (Lehmann, Carl) (Entered: 08/08/2007)
13 ORDER FOR AMENDMENT TO CONSENT DECREE. Signed by Judge Patrick J. Schiltz on 8/9/07. (sf) (Entered: 08/09/2007)
14 Minute Entry for proceedings held before Judge Patrick J. Schiltz: Final Fairness Hearing held on 9/7/2007. (Court Reporter Debra Beauvais) (sf) (Entered: 09/07/2007)
15 ORDER − The terms of proposed consent decree, dated April 27, 2007 10 , as amended by the Court's August 9, 2007 order 13 , are APPROVED.The parties are ORDERED to abide by the terms of proposed consent decree, dated April 27, 2007 10 , as amended by the Court's August 9, 2007 order 13 . Defendant is ORDERED to pay claimants in accordance with the terms of the proposed consent decree and the notice of proposed allocations dated August 8, 2007 11 . LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 09/10/07. (bjs) (Entered: 09/10/2007)
16 JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice # 2 Civil Notice − appeal)(dch) (Entered: 09/11/2007)
17 Joint MOTION for Disbursement of Funds for Approval of Final Fund Distribution by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 02/06/2009)
18 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 17 Joint MOTION for Disbursement of Funds for Approval of Final Fund Distribution (Vasichek, Laurie) (Entered: 02/06/2009)
19 ORDER granting 17 Motion for Disbursement of Funds. Signed by Judge Patrick J. Schiltz on 2/9/09. (sf) (Entered: 02/09/2009)
20 AMENDED ORDER APPROVING FINAL DISTRIBUTION. The Court hereby GRANTS the parties' motion for approval of distributing the final remaining funds to Immigrant Law Center of Minnesota for purposes of funding and supporting its volunteer program. SO ORDERED. Signed by Judge Patrick J. Schiltz on 05/11/09. (BJS) (Entered: 05/11/2009)