f

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Civil Action No .

AUG 29 2003
oy : C< Deputy Clerk

Plaintiff,
Vs.

1 :03-CV-2602

BOCA CHICA, INC., d/b/a LOCA LUNA RESTAURANT
Defendant .

JURY TRIAL DEMANDED

4rj~p

COMPLAINT
This is an action under Title VII of the Civil Rights Act of 1964 to compel Defendant to comply with a Mediation Settlement Agreement, achieved through the Equal Employment Opportunity Commission's mediation process, in resolution of a sexual harassment and retaliation charge of discrimination filed with the Equal Employment Opportunity Commission by Natalie Zangara, and to provide appropriate relief to Ms. Zangara . The Equal Employment Opportunity Commission, Ms. Zangara and the Defendant entered into a Mediation Settlement Agreement on June 26, 2003, which provided, among other things, that Defendant
FORMSFECE conwi to us M~g. .~.
Pre(rIallnstNClions TO VU NTC
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pay Ms . Zangara $50,000 .00 and provide her with a neutral employment reference. Defendant now refuses to comply with the terms of the Mediation Settlement Agreement .
JURISDICTION AND VENUE 1 . 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 sections 7060(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 U.S.C. § 1981a. 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 Northern District of Georgia.
PARTIES 3 . Plaintiff, the Equal Employment Opportunity Commission (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 7060(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(fl(1) and (3).
2

4 . At all relevant times, Defendant Boca Chica, Inc., d/b/a Loca Luna Restaurant ("Defendant") has continuously been a corporation doing business in the State of Georgia and the city of Atlanta, and has continuously had at least 15 employees .
5 . At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S .C . §§ 2000e(b), (g) and (h) .
6 . The Commission contacted and communicated with Defendant on multiple occasions and attempted to resolve this matter informally, without filing the instant lawsuit, but such efforts were unsuccessful .
STATEMENT OF CLAIMS 7 . More than thirty days prior to the institution of this lawsuit, Ms. Zangara filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8 . On June 26, 2003, the Commission, Natalie Zangara, and Defendant executed a Mediation Settlement Agreement through the Commission's mediation process. A copy of that agreement is attached to this Complaint as Exhibit A. The terms of the Mediation Settlement Agreement provide, among other things, that
3

Defendant pay Ms . Zangara $50,000 and provide her with a neutral employment reference, and that Defendant and Ms. Zangara execute a General Release . Defendant has failed and refused to comply with the terms of the Mediation Settlement Agreement.
9 . The Commission executed the Mediation Settlement Agreement in exchange for, among other things, the Commission agreeing to terminate the investigation of Ms . Zangara's charge of discrimination and to not use this charge as a jurisdictional basis for a civil action based on the allegations contained in that charge . However, the Mediation Settlement Agreement expressly provides that the Commission is authorized to specifically enforce the Mediation Settlement Agreement in court.
10 . The effect of the unlawful practices complained of in paragraph 8 . above, has been to deprive Ms. Zangara and the Commission of the benefits of the above-referenced Mediation Settlement Agreement.
11 . The unlawful practices complained of in paragraph 8, above, were intentional .
12 . The unlawful practices complained of in paragraph 8, above, were done with malice and reckless indifference to the federally protected rights of Ms .
4

Zangara. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court : A. Grant a judgment ordering Defendant to pay Ms . Zangara $50,000 and provide her with a neutral reference, and ordering Defendant to otherwise comply with the terms of the Mediation Settlement Agreement and to pay Ms . Zangara prejudgment interest and her legal fees and costs associated with the collection of the amount due and owing. B. Compel Defendants specific performance of the Mediation Settlement Agreement entered into by the Commission, Ms . Zangara, and Defendant. C. Order Defendant to make whole Ms. Zangara by providing compensation for past and future pecuniary losses resulting from Defendant's breach of the Mediation Settlement Agreement as described in paragraph, 8 above. D. Order Defendant to pay punitive damages for its intentional, malicious and/or reckless conduct described in paragraph 8, above . E. Grant such further relief as the Court deems necessary and proper in the public interest .
5

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint .
Respectfully submitted, Eric Dreiband

5. RobeiEt Royal

~ J

Georgia Bar No. 61755

Regional Attorney

Steven M. Tapper

Georgia Bar No.698018

Senior Trial Attorney

U. S . Equal Employment Opportunity Commission

Atlanta District Office

100 Alabama St., SW, Suite 4R30

Atlanta, Georgia 30303

Telephone: (404) 562-6820

Facsimile: (404) 562-6905

6

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U .S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Atlanta District Office

100 Alabama Snezt, SW . Suite 3830

Atlanta, GA 30303

(404) 562-6800

TTY (404) 562-6801

FAX f30415fi2fi909/fi910

MEDIATION SETTLEMENT AGREEMENT

CHARGE NUMBER : 110-2003-30638C

CHARGING PARTY: Natalie Zan_

RESPONDENT :

Loca Luna Restaurant

1 . In exchange for the promises made by The Loca Lima Restaurant, pursuant to Charge Number 110-2003-30638C . Natalie Zanoara agrees not to institute a law suit under Title VII of the Civil Rights Act of 1964, as amended, based on EEOC Charge Number 110-2003-306380

2. Further we agree that submission of this agreement to EEOC will constitute a request for closure of EEOC Charge Number 110-2003-306380 .

3 . It is understood that this agreement does not constitute an admission by Respondent of any violation of the Tide VII of the Civil Riehts Act of 1964, as amended.

4. Respondent agrees that there shall be no discrimination or retaliation of any kind against Charging Party as a result of filing this charge or against any person because of opposition to any practice deemed illegal under the ADA, die AREA or Title VII, as a result of filing this charge, or for giving testimony, assistance or participating in any mariner in an investigation, proceeding or a hearing under the aforementioned Acts.

5. This document constitutes a final and complete statement of the agreement between the Charging Party, Respondent and EEOC.

6 . The parties agree that the EEOC is authorized to investigate compliance with this agreement and that this agreement may be specifically enforced in court by the EEOC or the parties and may be used as evidence in a subsequent proceeding in which a breach of this agreement is alleged.

Exhibit A

Page 2. Mediation Agreement Charge 110-2003-30638C

7 . .4s evidence of a good faith effort to resolve EEOC Charge Number 110-2003-3063SC Respondent offers and Charging Party accepts the following proposal of settlement:

A.

Respondent agrees to pay the Charging Partv Fi[ty Thousand Dollars ($50, 000. 00) .

Respondent agrees to pay a himD sum 12avmer:t of Twenty Five Thousand Dollars

($25 , 000.00) and a second payment fTwenry Five Thousand Dollar's ($25, 000. 00) over a tx,elve month period in equal monthly installments of$2083. 33, less any anplicable

payroll deductions as setforth iii the separate General Release. The frrst pavmenl will

bean on Auzzist / 2003 and !he final galnnent rill end on July 1 2004. 77ris is fidl and

final settlement of the instant charge

B.

That Respondent agrees that any time an employer and/or prospective employer o the

Charging Party seeks m: evaluation or reference, Respondent will provide Charpine

Partv's dates of employment and last position held as set forth in the separate General

Release .

It is understood that the Charging Party and Respondent have agreed to execute a separate

General Release to which the EEOC is not a signatory, and that the relief specified iv

paragraph? will be ' contingent upon execution of said General Release. The separate

General Release ' i

ated herein by reference.

espon e

Date

g arty

Date

In reliance on the promises made in paragraphs One through Seven above, EEOC agrees to terminate its investigation and to not use the above referenced charge as a jurisdictional basis for a civil action under Title Vu of the Civil Rights Act of 1964, as amended . EEOC does not waive or in any manner trout its right to investigate or seek relief in any other charge including . but not limited to, a charge filed by a member of the Commission against the Respondent.

(y//~/(~1 Behalf of the omms l

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.

~" :L t ,V- .LfQ~

Bernice Williams-Kimbrou- ~\

District Director

Date

l, 3

CERTIFICATE OF COMPLIANCE WITH LR 5.1B, NDGa
Plaintiff hereby certifies that, pursuant to LR 5 .1 B, NDGa, this pleading was
prepared with 14 point Times New Roman font.
Respectful 1y
Georgia Bar No. 617505-V Regional Attorney U. S . Equal Employment Opportunity Commission Atlanta District Office 100 Alabama St., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone : (404) 562-6820 Facsimile : (404) 562-6905

 
 ORIGINAL

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IN THE UNITED STATES DISTRICT COURT~'"~"i-'uu.m'1~'N"CL.E', RKO'S·"nol>me~

JUl, - FOR THE NORTHERN DISTRICT OF GEORGIA

2004

ATLANTA DIVISION EQUAL EMPLOYMENT

lUTl-l~,"~ I.J,' 1rH)lvi/IS, Clerk
By: Clfflf(l,
L) Deputy Clerk

OPPORTUNITY COMMISSION,

Plaintiff,
vs.
BOCA CHICA, INC., d/b/a LOCA LUNA RESTAURANT
Defendant.

Civil Action No. 1:03-CV-2602-JTC
FILED IN Ci.l RK'S OFfiCE U.S.D.C. Atlanta
SEP 2 4 ZOO~

CONSENT DECREE This. action was instituted by the Equal Employment Opportunity Commission (hereinafter the "Commission") against Defendant Boca Chica, Inc. d/b/a Loca Luna Restaurant (hereinafter referred to as the "Defendant") pursvant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq. (hereinafter referred to as "Title VII"), and the Civil Rights Act of 1991, 42 U.S.C. § 1981(a) to remedy the alleged' wrongful employment practices identified in the Complaint filed in this action. This Court has jurisdiction of the subject matter of this action and of the parties to this action.

The Commission alleged in the foregoing civil action that the Defendant acted unlawfully by failing to comply with a Mediation Settlement Agreement achieved through the Equal Employment Opportunity Commission's mediation process. In its Complaint, the Commission sought whole relief including, but not limited to, specific performance, punitive damages, and other affirmative relief. The Defendant filed its Answer denying the allegations made by the Commission. Defendant disputes and denies any liability to the Commission and/or Ms. Zangara and/or to any other person. This agreement is not to be deemed or construed to be an admission of liability or wrongdoing by Defendant but constitutes the good faith settlement of a disputed claim.
All of the parties to this action desire to avoid the additional expense, delay and uncertainty which would result from the continuance of this litigation and desire to formulate a plan to be embodied in a Consent Decree which will promote and effectuate the purposes of Title VII.
This Court has reviewed the terms of the proposed Consent Decree in light of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII.
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Now, therefore, this Court, being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. DISCLAIMER OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree, and the undertakings made by Defendant hereunder, are in settlement and compromise of a disputed claim of an alleged breach of contract. Defendant disputes the validity of the claim and that its actions breached any contract. Neither the negotiation, execution nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by the Defendant that its owners, officers, agents or employees have violated, or have not been in compliance with, Title VII or any rules and regulations issued under or pursuant to Title VII or any other applicable law, regulation or order.
II. NON-RETALIATION AND NON-DISCRIMINATION Defendant shall not retaliate against any person because that person is a beneficiary of the Consent Decree, or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this Consent Decree.
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Defendant, to ensure equal opportunity in the employment process, shall make all decisions affecting hiring, promotion, compensation, job assignment, sick and disability leave, discharge and other terms, conditions and privileges of employment, without regard to race, color, sex, religion or national origin, as required by applicable law. The Defendant shall not retaliate or take any adverse action against other persons in the future because of their opposition to practices they believe are in violation of Title VII or because of their participation in the investigation of the underlying charge or prosecution of this litigation, as required by applicable law.
ill. NOTICES TO BE POSTED: INSTRUCTION TO MANAGEMENT For at least thirteen (13) months immediately following the entry of this
Consent Decree, Defendant shall keep conspicuously posted a copy of the notice attached to this Consent Decree at Defendant's facilities. Within thirty (30) days from the entry of this Consent Decree, Defendant shall instruct its management and supervisory personnel regarding the full meaning of those notices and this Consent Decree. The posting required by this paragraph shall be conspicuously made on bulletin boards or locations selected so that each employee at the facility will observe at least one such posting when at the facility. Defendant shall
Page -4-

certify the completion of the posting and instruction to the Commission within thirty (30) days from the entry of this Consent Decree. All written certification required by this Section shall be addressed to S. Robert Royal, Regional Attorney at the Atlanta District Office, 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303.
Defendant shall not withhold the right of the Commission to enter upon Defendant's premises, with reasonable notice, to monitor compliance with this Section. Should the notice become defaced, marred, or otherwise unreadable, Defendant shall ensure that a new, readable copy of the notice is posted in the same manner as heretofore specified.
IV. INSTRUCTION TO MANAGEMENT Within thirty (30) days from the entry of this Consent Decree, Defendant shall certify, in writing, to the Commission that all management and supervisory personnel who are currently employed at its facility or facilities have been instructed as to the terms of this Consent Decree (other than the monetary amount of the settlement), and the full meaning of the provisions of the Notice to be posted, and that Defendant has reaffirmed with these employees that employment decisions are not to be made on any basis that is prohibited by Title VII. All
Page -5-

written certification required by this Section shall be addressed to the Regional Attorney at the EEOC's Atlanta District Office at the above-referenced address.
v. CHARGING PARTY'S INDIVIDUAL RELIEF:
MONETARY RELIEF Defendants, in settlement of all alleged claims of injuries sustained due to alleged discriminatory employment practices and in exchange for a general release of claims and other agreements, shall provide Natalie Zangara the total amount of Fifty Thousand Dollars ($50,000.00). An initial payment of Twenty Five Thousand Dollars ($25,000.00) will be paid to Zangara and her attorneys upon her execution of a general release. Thereafter, twelve monthly installment payments of Two Thousand Eighty-Three Dollars and Thirty-Three Cents ($2,083.33) will bemailedtoNatalieZangara.at 2024 Oak Park Circle, Atlanta, Georgia 30324. A copy of said checks will be mailed within five working days of the initial mailing to Ms. Zangara to the EEOC's Regional Attorney in the Atlanta District Office, whose address is 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303. The parties recognize that such payment will be without admission of liability on the part of the Defendant.
Page -6-

VI. REFERENCES Defendant agrees that, if it receives inquiries from persons or prospective employers seeking a reference or other employment related information regarding Ms. Zangara, it shall provide no less than a neutral reference, citing the dates of employment and the position(s) held. Defendant will make no mention to persons or prospective employers seeking a reference of the fact that Ms. Zangara filed a charge of discrimination or that the instant lawsuit was filed.
VII. PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attempt to resolve any dispute regarding the enforcement of this Consent Decree by informal mediation and consultation before seeking enforcement through the judicial process. The Commission will notify Defendant in writing by certified mail to Alisa Pittman, Elarbee, Thompson, Sapp & Wilson, LLP, 800 International Tower, 229 Peachtree Street, NE, Atlanta, Georgia 30303, if it has any reason to believe that any action or omission by Defendant is in violation of the Consent Decree. Defendant shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed to the Regional Attorney for the EEOC's Atlanta District Office, of the measures taken
Page -7-

to cure the alleged deficiencies. If upon receipt of Defendant's report the Commission concludes that the deficiency has not been satisfactorily cured by the Defendant, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation. If the alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process. Notwithstanding any of the foregoing, nothing in this agreement shall be deemed to prohibit any matter which occurred during the term of this Consent Decree and which constitutes a dispute as contemplated by Section IX from being fully and completely processed in the manner described in Section IX, even though the dispute is not resolved within thirty (30) days of the termination of this Consent Decree.
VIII. COMPLIANCE OFFICIAL Defendant shall designate a compliance official who shall be responsible for compliance with this Consent Decree, and also responsible for coordinating and overseeing Defendant's compliance with this Consent Decree.
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IX. TERMS OF DECREE - PERIOD OF JURISDICTION This Consent Decree shall continue to be effective and binding upon the parties to this action for a period of thirteen (13) calendar months immediately following the entry of the Consent Decree, provided that all remedial benefits required hereby have been received or offered prior to its expiration and provided further, that all required reports and certifications are submitted at least thirty (30) days before the expiration date of the Consent Decree. If required reports are not submitted within thirty (30) days of the expiration date or if the remedial benefits are not received or offered, the Consent Decree will be automatically extended until these provisions are completed. This Court shall retain jurisdiction over this action for the purposes of clarifying and enforcing this Consent Decree and for any other appropriate or equitable purposes for thirteen (13) calendar months from the date of entry of this Consent Decree, unless the Court acts or the Commission has, prior to the expiration of said thirteen (13) month period, moved to enforce compliance with the Consent Decree. If this Court acts or the Commission has moved to enforce compliance with this Consent Decree within this period, this Court shall retain jurisdiction of this action until all issues relating to all such motions which are
Page -9-

made during the thirteen (13) month period have been resolved. Thereafter, this

Court shall dissolve this Consent Decree and shall dismiss this cause with

prejudice.

x. OTHER ACTIONS

The Commission shall not commence or prosecute against Defendant any

action or other proceeding, on behalf of Zangara or any person, based upon any

claims, demands, causes of action, obligations, damages or liabilities which arise

out of EEOC Charge Number 110-2003-30638, the investigation of the charge,

the mediation of the charge, or this lawsuit. This Consent Decree in no way

affects the EEOC's right to process any pending 0 r future charges that may b e

filed against Defendant or its owners in accordance with standard EEOC

procedures, and to commence civil actions pursuant to Section 706 (f) of Title VII

on any such charge. Nothing in this Consent Decree shall be construed to limit or

reduce Defendant's obligation to fully comply with Title VII of the Civil Rights

Act of 1964, as amended; the Equal Pay Act of 1963, as amended; the Age

Discrimination in Employment Act of 1967, as amended; or the Americans with

Disabilities Act of 1990. Nothing herein shall preclude the EEOC from bringing

an action to enforce the provisions of this Consent Decree.

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XI. COSTS AND ATTORNEY FEES The Commission and Defendant shall each bear their own respective costs and attorneys' fees for this action. The parties hereto and undersigned attorneys of record for the Commission and Defendant in the above-styled action hereby consent to the entry of the foregoing Consent Decree.

BY CONSENT: Counsel for Plaintiff:
Defendant:

rAoBocftJ Regional Attorney Georgia Bar No. 617505 Marcus G. Keegan Trial Attorney Georgia Bar No. 410424 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFlCELEGAL UNIT 100 Alabama Street, SW Suite 4R30 Atlanta, Georgia 30303
Z;~186_1~ <-
Nicholas R. Telesca Boca Chica, Inc. 400 Colony Square Suite 1630 Atlanta, Georgia 30361
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Counsel for Defendant:

Patrick Lail Georgia Bar No. 431101 ELARBEE, THOMPSON, SAPP & WILSON, LLP 800 International Tower 229 Peachtree Street, NE Atlanta, Georgia 30303 (404) 659-6700

APPROVED, DONE, and SIGNED thi~ day of~~~=---_, 2004.

ack T. Camp Di rict Judge U .S. District Court of Georgia Northern District of Georgia, Atlanta Division

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[Defendant letterhead] NOTICE
I. This notice to all employees of Boca Chica, Inc. d/b/a Loca Luna Restaurant (hereinafter the "Company") is being posted as part of the remedy agreed to between the Defendant and the Equal Employment Opportunity Commission in a consent decree filed in the U. S. Federal District Court.
2. Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment.
3. The Company supports, has complied, and will comply with such Federal Law in all respects and will not take any action against employees because of their sex, pregnant condition, race, color, religion, national origin, disability or age or because they have exercised their rights under the law.
4. The Company has taken and will continue such remedial action as is required by the consent order entered by the United States District Court.
5. This notice will remain posted for thirteen (13) months, until August I, 2005.
Signed this _ _ day of _ _ _ _, 2004.
Boca Chica, Inc. d/b/a Loca Luna Restaurant
DO NOT REMOVE TIDS NOTICE UNTIL August 1, 2005
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4months, CLOSED, TitleVII
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:03-cv-02602-JTC

Equal Employment v. Boca Chica, Inc. Assigned to: Judge Jack T. Camp Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 08/29/2003 Date Terminated: 09/29/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Marcus G. Keegan Miles McGoff & Moore 4360 Chamblee Dunwoody Road Suite 400 Atlanta, GA 30341-1055 770-457-7000 Email: mkeegan@law-ga.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
S. Robert Royal Equal Employment Opportunity Commission Atlanta District Office-Legal Unit 100 Alabama Street, S.W. 4R30 Atlanta Federal Center Atlanta, GA 30303-8704 404-562-6820 Email: stan.royal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Tapper U.S. Department of Homeland Security 1230 Peachtree Street. Suite 1900 Atlanta, GA 30309 404-942-2566 Email: steve.tapper@dhs.gov TERMINATED: 10/29/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant
Boca Chica, Inc. doing business as Loca Luna Restaurant

represented by Alexandra O. Liner Consolidated Container Company 3101 Towercreek Pkwy Suite 300 Atlanta, GA 30339 678-742-4606 Email: lexi.liner@cccllc.com TERMINATED: 02/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alisa Pittman Cleek Elarbee Thompson Sapp & Wilson 229 Peachtree Street, N.E. 800 International Tower Atlanta, GA 30303-1614 404-659-6700 Email: cleek@elarbeethompson.com TERMINATED: 04/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elliott M. Friedman Elarbee Thompson Sapp & Wilson 229 Peachtree Street, N.E. 800 International Tower Atlanta, GA 30303-1614 404-659-6700 Email: friedman@etsw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick Lee Lail Elarbee Thompson Sapp & Wilson 229 Peachtree Street, N.E. 800 International Tower Atlanta, GA 30303-1614 404-659-6700 Email: lail@etsw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/29/2003

#

Docket Text

1 COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (jdb) (Entered: 09/02/2003)

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08/29/2003 09/30/2003
10/28/2003 10/29/2003 11/25/2003 12/01/2003 12/02/2003 12/03/2003 12/09/2003 12/31/2003 12/31/2003 12/31/2003 01/05/2004
01/15/2004 01/15/2004 02/24/2004 02/25/2004
03/25/2004 03/25/2004

CASE REFERRED to Mag Judge Alan J. Baverman (Calendar sheets forwarded and notice sent to counsel) (jdb) (Entered: 09/02/2003)
2 WAIVER OF SERVICE Returned Executed as to Boca Chica, Inc. mailed 8/29/03 Answer due by 10/28/03 for Boca Chica, Inc. (cdg) (Entered: 10/01/2003)
3 ANSWER by defendant to complaint [1-1] (cdg) (Entered: 10/31/2003)
4 Attorney appearance for plaintiff by Marcus G. Keegan (cdg) (Entered: 11/03/2003)
5 Dft's Certificate of interested persons. (to mag) (cdg) (Entered: 11/26/2003)
7 ANSWERS TO INITIAL DISCLOSURES by plaintiff (cdg) (Entered: 12/04/2003)
6 ANSWERS TO INITIAL DISCLOSURES by defendant (cdg) (Entered: 12/04/2003)
8 Preliminary Report and Discovery Schedule. (to mag) (cdg) (Entered: 12/04/2003)
9 ENDORSED SCHEDULING ORDER by Mag Judge Alan J. Baverman APPROVING [8-1] preliminary statement (cc) (cdg) (Entered: 12/12/2003)
10 Notice of filing certificate of consent by defendant. (cdg) (Entered: 01/06/2004)
11 Attorney appearance of Ellitt M. Friedman for defendant (cdg) (Entered: 01/06/2004)
12 MOTION by defendant to substitute attorney with brief in support. (cdg) (Entered: 01/06/2004)
13 Certificate of service as to responses and objections to plaintiffs' 1st req for prod of docs and responses and objections to pla's 1st set of interrogatories by defendant. (kt) (Entered: 01/07/2004)
14 Certificate of service for discovery as to plaintiff (cdg) (Entered: 01/16/2004)
15 Notice of filing proof of service of subpoena by plaintiff. (cdg) (Entered: 01/16/2004)
SUBMITTED to Mag Judge Alan J. Baverman on dft's [12-1] motion to substitute attorney (scg) (Entered: 02/24/2004)
16 ORDER by Mag Judge Alan J. Baverman GRANTING [12-1] motion to substitute attorney terminating attorney Alexandra O. Liner for Boca Chica, Inc. and adding Elliott M. Friedman (cc) (adg) (Entered: 03/01/2004)
17 Joint MOTION to extend discovery period through 5/28/04 . (to AJB) (dfb) (Entered: 03/29/2004)
18 ORDER by Mag Judge Alan J. Baverman GRANTING [17-1] joint motion to extend discovery. Discovery ends 5/28/04 . (cc by Mag Chmbrs) (dfb) (Entered: 03/29/2004)

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04/14/2004 04/15/2004
04/19/2004 05/12/2004 05/21/2004 05/25/2004 05/26/2004 05/27/2004 05/28/2004 06/09/2004 06/10/2004
06/14/2004 07/02/2004 07/07/2004 09/24/2004 09/29/2004 09/30/2004

20 Certificate of service as to plaintiff's supplemental responses and objections to defendant's 1st interrogatories. (adg) (Entered: 04/20/2004)
19 Certification of Consent to Substitution of Counsel for Boca Chica, Inc. Patrick L. Lail replacing attorney Alisa Loretta Pittman for Boca Chica, Inc. (kt) (Entered: 04/19/2004)
21 Certificate of service as to plaintiff's supplemental responses and objections to defendant's 1st request for production of documents. (kt) (Entered: 04/21/2004)
22 Certificate of service of discovery as to plaintiff (cdg) (Entered: 05/17/2004)
23 Certificate of service of discovery as to plaintiff (cdg) (Entered: 05/26/2004)
24 Joint MOTION to extend time thru 6/18/04 for discovery and thru 7/08/04 to file any dispositive motions (to GGB) (cdg) (Entered: 05/26/2004)
25 ORDER by Mag Judge Alan J. Baverman, extending time thru 7/08/04 for discovery (cc) (cdg) (Entered: 05/27/2004)
26 AMENDED ANSWERS TO INITIAL DISCLOSURES by plaintiff (cdg) (Entered: 06/03/2004)
27 Certificate of service of noticeof subpoena as to defendant (cdg) (Entered: 06/03/2004)
28 MOTION by plaintiff to quash the subpoenas with brief in support. (cdg) (Entered: 06/14/2004)
29 ORDER by Mag Judge Alan J. Baverman GRANTING [24-1] joint motion to extend time thru 6/18/04 for discovery and thru 7/08/04 to file any dispositive motions (cc) (cdg) (Entered: 06/14/2004)
30 Certificate of service of discovery as to plaintiff (cdg) (Entered: 06/15/2004)
Proposed Consent Decree by parties (to AJB). (cdg) (Entered: 07/06/2004)
SUBMITTED to Mag Judge Alan J. Baverman on [28-1] motion to quash the subpoenas (cdg) (Entered: 07/07/2004)
31 CONSENT DECREE by parties Signed by Judge Jack T. Camp on 9/20/04. (cdg) (Entered: 09/28/2004)
Civil Case Terminated. (cdg) (Entered: 10/01/2004)
32 ORDER DENYING AS MOOT 28 Motion to Quash. Signed by Judge Alan J. Baverman on 9/30/04. (cdg) (Entered: 09/30/2004)

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CM/ECF LIVE v3 - U.S. District Court - Docket Report

https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?790210962272251-L_3...

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 EEOC LITIGATION SETTLEMENT REPORT - July 2004

http://www.eeoc.gov/litigation/settlements/settlement07-04.html

EEOC v. Boca Chica, Inc., d/b/a Loca Luna Restaurant No. 1:03-2602-JTC (N.D. Ga. July 2, 2004)
The Atlanta District Office brought suit under Title VII to enforce a settlement agreement reached during the mediation of a sexual harassment charge. The parties agreed at the mediation that defendant would pay charging party $50,000 and provide her with a neutral reference. The parties also agreed to a non-disparagement clause and a provision providing defendant a remedy if CP violated the clause. Defendant's attorney was to add the non-disparagement provisions to a typed agreement, which the parties would sign the next day. Before the parties left the mediation room, however, CP made a comment to defendant like "I hope you guys have learned a lesson." Infuriated by CP's comment, defendant had his counsel leave a handwritten statement with EEOC's ADR Coordinator indicating that defendant was reserving the right to challenge the agreement. Four days later, defendant submitted a letter claiming that CP's comment breached the non-disparagement clause and thus that defendant was no longer bound by the terms of the agreement. The matter was resolved by a consent decree that requires defendant to pay $50,000 to CP and provide her with no less than a neutral reference, citing her dates of employment and positions held.

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