•

1 . EMANUEL SMITH RY Jo O'NEILL ARIZONA STATE BAR #005924
2 ICHELLEG.MARSHALL ARIZONA STATE BAR #017358 LPHE. CHAMNESS, UTAH STATE BAR #6511
3 QUAL EMPLOYMENT OPPORTUNITY COMMISSION
HOENIX DISTRICT OFFICE
4 300 NORTH CENTRAL AVENUE, SUITE 690 HOENIX, ARIZONA 85012-9688
5 ELEPHONE: (602) 640-5020

15 JUN 0I PH i: 2
OISml~r m: UTAH
BY: 1 DEPU CLERK

6 ttomeys for Plaintiff

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

9

10

11 qualJ?mployment Opportunity ommlSSlOn,
12 Plaintiff,
13 v.
14 BW Investments, L.L.C., d/b/a JB's
15 amily Restaurants; Summit Family estaurants, Inc., a Delaware
16 orporation, d/b/a JB's Family estaurants; Santa Barbara Restaurant
17 rouR, Inc., a Delaware corporation, /b/a JB's Family Restaurants; CKE
18 estaurants, Inc., a Delaware orporation, d/b/a JB's Family
19 estaurants,

CIV 2: Ole V00439 C
COMPLAINT
Jury Trial Demanded

20

21

Defendants.

22

NATURE OF THE ACTION

23

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

24 ivil Rights Act of 1991 to correct unlawful employment practices on the basis of sex

25 nd retaliation, and to provide appropriate relief to charging party Carla Hart and a class 26 ffemales who were adversely affected by such practices. Defendants LBW

27 nvestments, L.L.C., d/b/a JB's Family Restaurants; Summit Family Restaurants, Inc., 28 b/a JB's Family Restaurants; Santa Barbara Restaurant Group, Inc., d/b/a JB's Family

estaurants; and CKE Restaurants, Inc., d/b/a JB's Family Restaurants (collectively

\

•

1 'defendants") subjected Ms. Hart and a class of women to repeated, pervasive and

2 gregious sexual harassment and retaliated against a class of women for opposing the

3 arassment. Defendants engaged in discrimination which adversely affected the

4 mployment status of Ms. Hart and a class of females because of their sex.

5

As alleged with greater particularity below, the sexual harassment was committed

6 y defendants' managers and employees and included the forcible sexual assault of a

7 emale employee by a manager. As a result of this unlawful conduct, the conditions of

8 mployment were made so intolerable that Ms. Hart and a class of females were forced to

9 esign their employment.

10

JURISDICTION AND VENUE

11

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

12 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections

13 06(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§

14 000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42

15 .S.C. §1981a.

16

2. The employment practices alleged to be unlawful were, and are now being

17 ommitted within the jurisdiction of the United States District Court for the District of

18 tah, Central Division.

19

PARTIES

20

3. Plaintiff, the Equal Employment Opportunity Commission (the

21 'Commission"), is the agency of the United States of America charged with the

22 dministration, interpretation and enforcement of Title VII, and is expressly authorized to

23 ring this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e-

24 (f)(l) and (3) and 2000e-6.

25

4. At all relevant times, defendant LBW Investments, L.L.C., dJb/a IB's

26 amily Restaurants ("LBW"), has continuously been an Arizona limited liability

27 ompany doing business in the State of Utah and has continuously had at least 15

28

2

•

I

5. At all relevant times, defendant LBW has continuously been an employer

2 ngaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

3 d (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

4

6. At all relevant times, defendant Summit Family Restaurants, Inc., d/b/a JB's

5 amily Restaurants ("Summit'"), has continuously been a Delaware corporation doing

6 usiness in the State of Utah and has continuously had at least 15 employees.

7

7. At all relevant times, defendant Summit has continuously been an employer

8 ngaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

9 d (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

10

8. At all relevant times, defendant Santa Barbara Restaurant Group, Inc., d/b/a

11 B's Family Restaurants ("Santa Barbara") has continuously been a Delaware corporation

12 oing business in the State of Utah and has continuously had at least IS employees.

13

9. At all relevant times, defendant Santa Barbara has continuously been an

14 mployer engaged in an industry affecting commerce within the meaning of Sections

15 Ol(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

16

10. At all relevant times, defendant CKE Restaurants, Inc., d/b/a JB's Family

17 estaurants ("CKE") has continuously been a Delaware corporation doing business in

18 he State of Utah and has continuously had at least IS employees.

19

II. At all relevant times, defendant CKE has continuously been an employer

20 ngaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

21 d (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

22

STATEMENT OF CLAIMS

23

12. More than thirty days prior to the institution of this lawsuit, Carla Hart filed

24 charge with the Commission alleging violations of Title VII by defendants. All

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

26

13. Since at least February 2, 1996, defendants have engaged in unlawful

27 mployment practices at their Utah restaurants, in violation of Section 703(a) of Title

28 II, 42 U.S.C. § 2000e-2(a), by sexually harassing Ms. Hart and a class offemale

3

•

1 mployees and subjecting them to sexual harassment; failing to take appropriate action to

2 revent and correct the harassment; and forcing them to resign because of the sexual

3 arassment. The sexual harassment includes but is not limited to:

4

a. The forcible sexual assault of a female employee by dcfcndants' manager

5

on defendants' premises;

6

1. The female employee filed a report with the police in which she

7

alleged defendants' manager forcibly sexually assaulted her in

8

defendants' restaurant.

9

2. Prior to this female employee's allegation that defendants' manager

10

forcibly sexually assaulted her, defendants had notice that this

11

manager had sexually harassed at least one other female employee.

12

3. Despite defendants' knowledge of the prior sexual harassment by

13

their manager, defendants failed to take appropriate action to

14

prevent further sexual harassment and sexual assault by him.

15

b. Various managers and employees of defendants grabbed female

16

employees' breasts, buttocks and crotches, kissed them although they did

17

not want to be kissed and engaged in other unwelcome touching;

18

c. Various managers and employees of defendants made unwelcome sexual

19

advances toward female employees;

20

d. Various managers and employees of defendants made vulgar sexual

21

comments to and about female employees, including making such

22

comments about the women's bodies and specifically about their genitalia;

23

e. Defendants constructively discharged Ms. Hart and a class of women

24

because of the pervasive, egregious sexual harassment at defendants'

25

restaurants.

26

14. Although defendants were aware of the sexual harassment, they failed to

27 ake appropriate remedial action to prevent or correct the unlawful conduct.

28

15. Since at least February 2, 1996, defendants have engaged in unlawful

4

• •

1 etaliatory practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).

2 efendants retaliated against a class of women by changing the terms and conditions of

3 heir employment because they opposed conduct made unlawful under Title VII.

4 efendants' retaliatory conduct included but was not limited to firing at least one class

5 ember because she complained that a manager was sexually harassing her by touching

6 er breasts.

7

16. Defendants have engaged in continuing sex discrimination which

8 onstitutes a continuing violation of Title VII.

9

17. The effect of the practices complained of in Paragraph Twelve (~12),

10 hrough and including Paragraph Sixteen (~16) above has been to deprive Ms. Hart and

11 class of females of equal employment opportunities and otherwise adversely affect their

12 tatus as employees because of their sex and in retaliation for opposing practices made

13 nlawful by Title VII.

14

18. The unlawful employment practices complained of in Paragraph Twelve

15 ~12), through and including Paragraph Seventeen (~17) above were and are intentional.

16

19. The unlawful employment practices complained of in Paragraph Twelve

17 ~12), through and including Paragraph Seventeen (~17) above were done with malice or

18 ith reckless indifference to the federally protected rights of Ms. Hart and a class of

19 emales.

20

PRAYER FOR RELIEF

21

WHEREFORE, the Commission respectfully requests that this Court:

22

A. Grant a permanent injunction enjoining defendants, their officers,

23 uccessors, assigns, and all persons in active concert or participation with them from

24 ngaging in sexual harassment, retaliation and any other employment practice which

25 iscriminates on the basis of sex or retaliation.

26

B. Order defendants to institute and carry out policies, practices, and programs

27 hich provide equal employment opportunities for women and those who oppose

28 nlawful employment discrimination, and which eradicate the effects of their past and

5

• •

I resent unlawful employment practices.

2

C. Order defendants to make whole Ms. Hart and a class of females by

3 roviding appropriate backpay with prejudgment interest, in amounts to be determined at

4 rial, and other affirmative relief necessary to eradicate the effects of their unlawful

5 mployment practices including, but not limited to, their rightful place reinstatement.

6

D. Order defendants to make whole Ms. Hart and a class of females, by

7 roviding compensation for past and future pecuniary losses resulting from the unlawful

8 mployment practices described in Paragraph Twelve (~12), through and including

9 aragraph Seventeen (~17) above, including but not limited to costs incurred for

10 btaining treatment and subsequent employment, in amounts to be determined at trial.

II

E. Order defendants to make whole Ms. Hart and a class of females by

12 roviding compensation for past and future non-pecuniary losses resulting from the

13 nlawful practices complained of in Paragraph Twelve (~12), through and including

14 aragraph Seventeen (~17) above, including emotional pain, suffering, inconvenience,

IS oss of enjoyment of life and humiliation, in amounts to be determined at trial.

16

F. Order defendants 10 pay Ms. Hart and a class of females punitive damages

17 or their malicious and/or reckless conduct, described in Paragraph Twelve (~12),

18 hrough and including Paragraph Seventeen (~17) above, in amounts to be determined at

19 rial.

20

G. Grant such further relief as the Court deems necessary and proper in the

21 ublic interest.

22

H. Award the Commission its costs of this action.

23

JURY TRIAL DEMAND

24

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

25 omplaint.

26

27

28

6

1 ATED this 14th day ofJune 2001.
2
3 4
5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22
23 24 25 26 27 28

•
Respectfully submitted, GWENDOLYN YOUNG REAMS Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
C. EMANUEL SMITH Acting Regional Attorney
%~xI~~ MICHELLE G. MARSHALL Trial Attorney
RALPH E. CHAMNESS Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020 Attorneys for Plaintiff Equal Em'ployment Opportunity CommissIOn
7

 
 1 C. EMANUEL SMITH

FILED

MARY Jo O'NEILL ARIZONA STATE BAR #005924 C!.EHK. u3 DISTRicT CI;i!rH

2 MICHELLE G. MARSHALL ARIZONA STATE BAR #0 1735.8

RALPHE.CHAMNESS,UTAHSTATEBAR#6511

l/j JUNOI PH 3:49

3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PHOENIX DISTRICT OFFICE

DISTRI T F AH

4 3300 NORTH CENTRAL AVENUE, SUITE 690

8 y.

PHOENIX, ARIZONA 85012-9688 5 TELEPHONE: (602) 640-5020

D·E=r;;-.w.~=:-:--
PU

6 Attorneys for Plaintiff

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

9 Equal Em'ployment Opportunity
10 ConunisslOn,

CIV

n
1-',0

l

L'-I

4·3,01

6

11

Plaintiff,

12

vs.

13 LBW Investments, L.L.C., d/b/a JB's Family Restaurants; SUmmit Family
14 Restaurants, Inc., a Delaware corporation, d/b/a JB's Family
15 Restaurants; Santa Barbara Restaurant Groujl, Inc., a Delaware corporation,
16 d/b/a JB's Family Restaurants; CKE Restaurants, Inc., a Delaware
17 corporation, d/b/a JB's Family Restaurants,
18 Defendants.
19

AMENDED COMPLAINT
Jury Trial Demanded

20

NATURE OF THE ACTION

21

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

22 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

23 sex and retaliation, and to provide appropriate relief to charging party Carla Hart and a

24 class of females who were adversely affected by such practices. Defendants LBW

25 Investments, L.L.C., d/b/a JB's Family Restaurants; Summit Family Restaurants, Inc.,

26 d/b/a JB's Family Restaurants; Santa Barbara Restaurant Group, Inc., d/b/a JB's Family

27 Restaurants; and CKE Restaurants, Inc., d/b/a JB's Family Restaurants (collectively

28 "defendants") subjected Ms. Hart and a class of women to repeated, pervasive and

1 egregious sexual harassment and retaliated against a class of women for opposing the

2 harassment. Defendants engaged in discrimination which adversely affected the

3 employment status of Ms. Hart and a class of females because of their sex.

4

As alleged with greater particularity below, the sexual harassment was

5 committed by defendants' managers and employees and included the forcible sexual

6 assault of a female employee by a manager. As a result of this unlawful conduct, the

7 conditions of employment were made so intolerable that Ms. Hart and a class of females

8 were forced to resign their employment.

9

JURISDICTION AND VENUE

10

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

11 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections

12 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§

13 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42

14 U.S.C. §1981a.

15

2. The employment practices alleged to be unlawful were, and are now

16 being committed within the jurisdiction of the United States District Court for the

17 District of Utah, Central Division.

18

PARTIES

19

3. Plaintiff, the Equal Employment Opportunity Commission (the

20 "Commission"), is the agency of the United States of America charged with the

21 administration, interpretation and enforcement of Title VII, and is expressly authorized

22 to bring this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C.

23 §§ 2000e-5(f)(1) and (3) and 2000e-6.

24

4. At all relevant times, defendant LBW Investments, L.L.C., d/b/a JB's

25 Family Restaurants ("LBW"), has continuously been an Arizona limited liability

26 company doing business in the State of Utah and has continuously had at least 15

27 employees.

28

2

1

5. At all relevant times, defendant LBW has continuously been an employer

2 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

3 and (h) ofTitie VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

4

6. At all relevant times, defendant Summit Family Restaurants, Inc., d/b/a

5 JB's Family Restaurants ("Summit"), has continuously been a Delaware corporation

6 doing business in the State of Utah and has continuously had at least 15 employees.

7

7. At all relevant times, defendant Summit has continuously been an

8 employer engaged in an industry affecting commerce within the meaning of Sections

9 701(b), (g) and (h) ofTitie VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

10

8. At all relevant times, defendant Santa Barbara Restaurant Group, Inc.,

11 d/b/a JB's Family Restaurants ("Santa Barbara") has continuously been a Delaware

12 corporation doing business in the State of Utah and has continuously had at least 15

13 employees.

14

9. At all relevant times, defendant Santa Barbara has continuously been an

15 employer engaged in an industry affecting commerce within the meaning of Sections

16 701(b), (g) and (h) ofTitie VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

17

10. At all relevant times, defendant CKE Restaurants, Inc., d/b/a JB's Family

18 Restaurants ("CKE") has continuously been a Delaware corporation doing business in

19 the State of Utah and has continuously had at least 15 employees.

20

11. At all relevant times, defendant CKE has continuously been an employer

21 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

22 and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

23

STATEMENT OF CLAIMS

24

12. More than thirty days prior to the institution of this lawsuit, Carla Hart

25 filed a charge with the Commission alleging violations of Title VII by defendants. All

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

27

13. Since at least February 2, 1996, defendants have engaged in unlawful

28 employment practices at their Utah restaurants, in violation of Section 703(a) of Title

3

I VII, 42 U.S.C. § 2000e-2(a), by sexually harassing Ms. Hart and a class of female

2 employees and subjecting them to sexual harassment; failing to take appropriate action

3 to prevent and correct the harassment; and forcing them to resign because of the sexual

4 harassment. The sexual harassment includes but is not limited to:

5

a. The forcible sexual assault ofa female employee by defendants' manager

6

on defendants' premises;

7

I. The female employee filed a report with the police in which she

8

alleged defendants' manager forcibly sexually assaulted her in

9

defendants' restaurant.

10

2. Prior to this female employee's allegation that defendants' manager

II

forcibly sexually assaulted her, defendants had notice that this

12

manager had sexually harassed at least one other female employee.

13

3. Despite defendants' knowledge of the prior sexual harassment by

14

their manager, defendants failed to take appropriate action to

IS

prevent further sexual harassment and sexual assault by him.

16

b. Various managers and employees of defendants grabbed female

17

employees' breasts, buttocks and crotches, kissed them although they did

18

not want to be kissed and engaged in other unwelcome touching;

19

c. Various managers and employees of defendants made unwelcome sexual

20

advances toward female employees;

21

d. Various managers and employees of defendants made vulgar sexual

22

comments to and about female employees, including making such

23

comments about the women's bodies and specifically about their

24

genitalia;

25

e. Defendants constructively discharged Ms. Hart and a class of women

26

because of the pervasive, egregious sexual harassment at defendants'

27

restaurants.

28

14. Although defendants were aware of the sexual harassment, they failed to

4

1 take appropriate remedial action to prevent or correct the unlawful conduct.

2

15. Since at least February 2,1996, defendants have engaged in unlawful

3 retaliatory practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).

4 Defendants retaliated against a class of women by changing the terms and conditions of

5 their employment because they opposed conduct made unlawful under Title VII.

6 Defendants' retaliatory conduct included but was not limited to firing at least one class

7 member because she complained that a manager was sexually harassing her by touching

8 her breasts.

9

16. Defendants have engaged in continuing sex discrimination which

10 constitutes a continuing violation of Title VII.

11

17. The effect of the practices complained of in Paragraph Twelve (~12),

12 through and including Paragraph Sixteen (~16) above has been to deprive Ms. Hart and

13 a class of females of equal employment opportunities and otherwise adversely affect

14 their status as employees because oftheir sex and in retaliation for opposing practices

15 made unlawful by Title VII.

16

18. The unlawful employment practices complained of in Paragraph Twelve

17 (~12), through and including Paragraph Seventeen (~17) above were and are

18 intentional.

19

19. The unlawful employment practices complained of in Paragraph Twelve

20 (~12), through and including Paragraph Seventeen (~17) above were done with malice

21 or with reckless indifference to the federally protected rights of Ms. Hart and a class of

22 females.

23

PRAYER FOR RELIEF

24

WHEREFORE, the Commission respectfully requests that this Court:

25

A. Grant a permanent injunction enjoining defendants, their officers,

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

27 engaging in sexual harassment, retaliation and any other employment practice which

28 discriminates on the basis of sex or retaliation.

5

1

B. Order defendants to institute and carry out policies, practices, and

2 programs which provide equal employment opportunities for women and those who

3 oppose unlawful employment discrimination, and which eradicate the effects of their

4 past and present unlawful employment practices.

5

C. Order defendants to make whole Ms. Hart and a class of females by

6 providing appropriate backpay with prejudgment interest, in amounts to be determined

7 at trial, and other affirmative relief necessary to eradicate the effects of their unlawful

8 employment practices including, but not limited to, their rightful place reinstatement.

9

D. Order defendants to make whole Ms. Hart and a class of females, by

10 providing compensation for past and future pecuniary losses resulting from the

11 unlawful employment practices described in Paragraph Twelve (~12), through and

12 including Paragraph Seventeen (~17) above, including but not limited to costs incurred

13 for obtaining treatment and subsequent employment, in amounts to be determined at

14 trial.

15

E. Order defendants to make whole Ms. Hart and a class of females by

16 providing compensation for past and future non-pecuniary losses resulting from the

17 unlawful practices complained of in Paragraph Twelve (~12), through and including

18 Paragraph Seventeen (~17) above, including emotional pain, suffering, inconvenience,

19 loss of enjoyment of life and humiliation, in amounts to be determined at trial.

20

F. Order defendants to pay Ms. Hart and a class of females punitive damages

21 for their malicious and/or reckless conduct, described in Paragraph Twelve (~12),

22 through and including Paragraph Seventeen (~17) above, in amounts to be determined

23 at trial.

24

G. Grant such further relief as the Court deems necessary and proper in the

25 public interest.

26

H. Award the Commission its costs of this action.

27

28

6

1

JURY TRIAL DEMAND

2

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

3 Complaint.

4 DATED this 15th day of June 2001.

5

Respectfully submitted,

6

GWENDOLYN YOUNG REAMS

Acting Deputy General Counsel

7

EOUALEMPLOYMENT

8

OPPORTUNITY COMMISSION

1801 L Street, N.W.

9

Washington, D.C. 20507

10

11

C. EMANUEiSlTH

12

Acting Regional Attorney

13

14

~~OJ'N/ElILOL'N.i:4cJ'£-

15

Supervisory Trial Attorney

16

~~~~~

MICHELLEG.SHALL

Trial Attorney

RALPH E. CHAMNESS Trial Attorney

UNITED STATES ATTORNEY'S OFFICE 25 185 S. State, #400
Salt Lake City, Utah 84111 26 (801) 325-3243
Associated Local Counsel 27 for Plaintiff
28

EOUALEMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020 Attorneys for Plaintiff Equal Employment Opportunity CommiSSIOn

7

 
 C. EMANUEL SMITH MARY Jo O'NEILL MICHELLE G. MARSHALL RALPH E. CHAMNESS 6511 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 NORTH CENTRAL AVENUE, SUITE 690 PHOENIX, ARIZONA 85012-9688 TELEPHONE: (602) 640-5020
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity CommiSSIOn,
Plaintiff,
vs.
JB's Family Restaurants, Inc., a Delaware corporation; Summit Family Restaurants, Inc., a Delaware corporation,
Defendants.

Civil No. 2:01CV00439C
SECOND AMENDED COMPLAINT JURY TRIAL DEMANDED

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 sex and retaliation, and to provide appropriate relief to charging party Carla Hart and a class of females who were adversely affected by such practices. Defendants JB's Family Restaurants, Inc. and Summit Family Restaurants, Inc. (collectively "defendants") subjected Ms. Hart and a class of women to repeated, pervasive and egregious sexual harassment and retaliated against a class of women for opposing the harassment. Defendants engaged in discrimination which adversely affected the employment status of Ms. Hart and a class of females because of their sex. As alleged with greater particularity below, the sexual harassment was committed by defendants' managers and employees and included the forcible

sexual assault of a female employee by a manager. As a result of this unlawful conduct, the conditions of employment were made so intolerable that Ms. Hart and a class of females were forced to resign their employment.
JURISDICTION AND VENUE I. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(i) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §198Ia. 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 Utah, Central Division.
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 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(i) and (3). 4. At all relevant times, defendant JB's Family Restaurants, Inc. ("JB's") has continuously been a Delaware corporation doing business in the State of Utah and has continuously had at least 15 employees. 5. At all relevant times, defendant JB's has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitie VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, defendant Summit Family Restaurants, Inc. ("Summit"), has continuously been a Delaware corporation doing business in the State of Utah and has continuously had at least 15 employees. 7. At all relevant times, defendant Summit has continuously been an
2

employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitie VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
8. More than thirty days prior to the institution of this lawsuit, Carla Hart filed a charge with the Commission alleging violations of Title VII by defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least February 2, 1996, defendants have engaged in unlawful employment practices at their Utah restaurants, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by sexually harassing Ms. Hart and a class of female employees and subjecting them to sexual harassment; failing to take appropriate action to prevent and correct the harassment; and forcing them to resign because of the sexual harassment. The sexual harassment includes but is not limited to:
a. The forcible sexual assault ofa female employee by defendants' manager on defendants' premises; 1. The female employee filed a report with the police in which she alleged defendants' manager forcibly sexually assaulted her in defendants' restaurant. 2. Prior to this female employee's allegation that defendants' manager forcibly sexually assaulted her, defendants had notice that this manager had sexually harassed at least one other female employee. 3. Despite defendants' knowledge of the prior sexual harassment by their manager, defendants failed to take appropriate action to prevent further sexual harassment and sexual assault by him.
b. Various managers and employees of defendants grabbed female
3

employees' breasts, buttocks and crotches, kissed them although they did not want to be kissed and engaged in other unwelcome touching; c. Various managers and employees of defendants made unwelcome sexual advances toward female employees; d. Various managers and employees of defendants made vulgar sexual comments to and about female employees, including making such comments about the women's bodies and specifically about their genitalia; e. Defendants constructively discharged Ms. Hart and a class of women because of the pervasive, egregious sexual harassment at defendants' restaurants. 10. Although defendants were aware of the sexual harassment, they failed to take appropriate remedial action to prevent or correct the unlawful conduct. 11. Since at least February 2, 1996, defendants have engaged in unlawful retaliatory practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a). Defendants retaliated against a class of women by changing the terms and conditions of their employment because they opposed conduct made unlawful under Title VII. Defendants' retaliatory conduct included but was not limited to firing at least one class member because she complained that a manager was sexually harassing her by touching her breasts. 12. Defendants have engaged in continuing sex discrimination which constitutes a continuing violation of Title VII. 13. The effect of the practices complained of in Paragraph Nine (~9), through and including Paragraph Twelve (~12) above has been to deprive Ms. Hart and a class of females of equal employment opportunities and otherwise adversely affect their status as employees because oftheir sex and in retaliation
4

for opposing practices made unlawful by Title VII. 14. The unlawful employment practices complained of in Paragraph
Nine (~9), through and including Paragraph Thirteen (~13) above were and are intentional.
15. The unlawful employment practices complained of in Paragraph Nine (~9), through and including Paragraph Fourteen (~14) above were done with malice or with reckless indifference to the federally protected rights of Ms. Hart and a class of females.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendants, their officers, successors, assigns, and all persons in active concert or participation with them from engaging in sexual harassment, retaliation and any other employment practice which discriminates on the basis of sex or retaliation. B. Order defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and those who oppose unlawful employment discrimination, and which eradicate the effects of their past and present unlawful employment practices. C. Order defendants to make whole Ms. Hart and a class of females by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices including, but not limited to, their rightful place reinstatement. D. Order defendants to make whole Ms. Hart and a class of females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph Nine (~9), through and including Paragraph Fifteen (~15) above, including but not limited to costs incurred for obtaining treatment and subsequent employment, in amounts to be
5

determined at trial. E. Order defendants to make whole Ms. Hart and a class of females
by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in Paragraph Nine ('\19), through and including Paragraph Fifteen ('Ill 5) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order defendants to pay Ms. Hart and a class of females punitive damages for their malicious and/or reckless conduct, described in Paragraph Nine ('\19), through and including Paragraph Fifteen ('\115) above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs ofthis action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Second Amended Complaint.
6

7#
DATED this;>? day of August, 2001.

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EOUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

~¥~ Trial Attorney
~RALPH E. CHAMNE7<Ti'''''S''STrial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020 Attorneys for Plaintiff Equal J;:m'ployment Opportunity CommISSIOn
7

 
 MARY Jo O'NEILL

C. EMANUEL SMITH

MICHELLE G. MARSHALL

RALPH E. CHAMNESS (6511) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

..-

(

.- ,

PHOENIX DISTRICT OFFICE

.J ...... "

3300 NORTH CENTRAL AVENUE" SUITE 690

U! I

\! J

• • ___._

PHOENIX, ARIZONA 85012-96815

TELEPHONE: (602) 640-5020

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity CommiSSIOn,
Plaintiff,
vs.
JB's Family Restaurants, Inc., a Delaware corporation; Summit Family Restaurants, Inc., a Delaware corporation,
Defendants.

Civil No. 2:01CV00439C
THIRD AMENDED COMPLAINT
JURY TRIAL DEMANDED

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 sex and retaliation, and to provide appropriate relief to charging party Carla Hart and a class of females who were adversely affected by such practices. Defendants JB's Family Restaurants, Inc. and Summit Family Restaurants, Inc. (collectively "defendants") subjected Ms. Hart and a class of women to repeated, pervasive and egregious sexual harassment and retaliated against a class of women for opposing the harassment. Defendants engaged in discrimination which adversely affected the employment status of Ms. Hart and a class of females because of their sex.

As alleged with greater particularity below, the sexual harassment was committed by defendants' managers and employees and included the forcible sexual assault of a female employee by a manager. As a result of this unlawful conduct, the conditions of employment were made so intolerable that Ms. Hart and a class of females were forced to resign their employment.
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 706(t)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(t)(l) and (3) ("Title VII"), Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a, and Section 707 of Title VII, 42 U.S.C. § 2000e-6. 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 Utah.
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 706(t)(l) and (3) of Title VII, 42 U.S.c. §§ 2000e-5(t)(I) and (3), and Section 707 of Title VII, 42 U.S.C. § 2000e6. 4. At all relevant times, defendant IB's Family Restaurants, Inc. ("JB's") has continuously been a Delaware corporation doing business in the State of Utah and has continuously had at least 15 employees. 5. At all relevant times, defendant IB's has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
2

6. At all relevant times, defendant Summit Family Restaurants, Inc. ("Summit"), has continuously been a Delaware corporation doing business in the State of Utah and has continuously had at least 15 employees.
7. At all relevant times, defendant Summit has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Carla Hart filed a charge with the Commission alleging violations of Title VII by defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least February 2, 1996, defendants have engaged in unlawful employment practices at their Utah restaurants, in violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e-2(a), by sexually harassing Ms. Hart and a class of female employees and subjecting them to sexual harassment; failing to take appropriate action to prevent and correct the harassment; and forcing them to resign because of the sexual harassment. The sexual harassment includes but is not limited to: a. The forcible sexual assault ofa female employee by defendants'
manager on defendants' premises; I. The female employee filed a report with the police in which
she alleged defendants' manager forcibly sexually assaulted her in defendants' restaurant. 2. Prior to this female employee's allegation that defendants' manager forcibly sexually assaulted her, defendants had notice that this manager had sexually harassed at least one other female employee.
3

3. Despite defendants' knowledge of the prior sexual harassment by their manager, defendants failed to take appropriate action to prevent further sexual harassment and sexual assault by him.
b. Various managers and employees of defendants grabbed female employees' breasts, buttocks and crotches, kissed them although they did not want to be kissed and engaged in other unwelcome touching;
c. Various managers and employees of defendants made unwelcome sexual advances toward female employees;
d. Various managers and employees of defendants made vulgar sexual comments to and about female employees, including making such comments about the women's bodies and specifically about their genitalia;
e. Defendants constructively discharged Ms. Hart and a class of women because of the pervasive, egregious sexual harassment at defendants' restaurants.
10. Since at least February 2, 1996, defendants have engaged in a pattern and practice of resistance to the full employment of rights secured by Title VII. The patter or practice is of such a nature that it is intended to deny employees the full exercise of their Title VII rights because of sex, in violation of Section 707 of Title VII, 42 U.S.C. § 2000e-6.
11. Although defendants were aware of the sexual harassment, they failed to take appropriate remedial action to prevent or correct the unlawful conduct.
12. Since at least February 2,1996, defendants have engaged in unlawful retaliatory practices in violation of Section 704(a) of Title VII, 42 U.S.c. § 2000e-3(a). Defendants retaliated against a class of women by changing
4

the tenns and conditions of their employment because they opposed conduct made unlawful under Title VII. Defendants' retaliatory conduct included but was not limited to firing at least one class member because she complained that a manager was sexually harassing her by touching her breasts.
13. Defendants have engaged in continuing sex discrimination which constitutes a continuing violation of Title VII.
14. The effect of the practices complained of in Paragraph Nine (~9), through and including Paragraph Thirteen (~13) above has been to deprive Ms. Hart and a class of females of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and in retaliation for opposing practices made unlawful by Title VII.
15. The unlawful employment practices complained of in Paragraph Nine (~9), through and including Paragraph Fourteen (~14) above were and are intentional.
16. The unlawful employment practices complained of in Paragraph Nine (~9), through and including Paragraph Fifteen (~IS) above were done with malice or with reckless indifference to the federally protected rights of Ms. Hart and a class of females.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining defendants, their officers, successors, assigns, and all persons in active concert or participation with them from engaging in sexual harassment, retaliation and any other employment practice which discriminates on the basis of sex or retaliation. B. Order defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and those who oppose unlawful employment discrimination, and which eradicate the effects of their past and present unlawful employment practices.
5

C. Order defendants to make whole Ms. Hart and a class of females by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices including, but not limited to, their rightful place reinstatement.
D. Order defendants to make whole Ms. Hart and a class of females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph Nine ('\19), through and including Paragraph Sixteen ('\116) above, including but not limited to costs incurred for obtaining treatment and subsequent employment, in amounts to be determined at trial.
E. Order defendants to make whole Ms. Hart and a class of females by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in Paragraph Nine ('\19), through and including Paragraph Sixteen ('\116) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order defendants to pay Ms. Hart and a class of females punitive damages for their malicious and/or reckless conduct, described in Paragraph Nine ('\19), through and including Paragraph Sixteen ('\116) above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Third Amended Complaint.
6

~
DATED this a!1day of July, 2002.

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

Supervisory Trial Attorney
~~~~~ Trial Attorney
~~~~~~ Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020 Attorneys for Plaintiff
7

CERTIFICATE OF SERVICE
I certify that on this }-{ w- day of July, 2002, a copy of Plaintiff's Third
Amended Complaint was mailed first class, postage pre-paid to: Lois A. Baar, Esq.
Janove Baar Associates, L.c. 9 Exchange Place, Suite 900 Salt Lake City, Utah 84111
Attorneys for Defendant LBW Investments, L.L.C.
and Jonathan O. Hafen, Esq.
Ali Levin, Esq. Parr, Waddoups, Brown, Gee and Loveless
185 SoutE State Street, Suite 1300 Salt Lake City, Utah 84111 Attorneys for Defendant
Summit Family Restaurants, Inc. Linda A. Grierson Legal Technician
8

 
 • •
MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

JUDGE: Hon. Tena Campbell

COURT REPORTER: Mindy Powers COURTROOM DEPUTY: Theresa Brown INTERPRETER:

CASE NO. 01-CV-439 EEOC v. JB's Restaurant

SCANNED

Approved By:

Pia

Joseph Lopez, Esq.

Dft

Bentley Tolk, Esq.

APPEARANCE OF COUNSEL

DATE: 04/16/03

MATTER SET: Motion for Summary Judgment: (2) Motions to Strike

DOCKET ENTRY:

After hearing argument from counsel, the court grants both motions to strike and denies motion for summary judgment without prejudice. The court finds EEOC has made a reasonable attempt at conciliation and recognizes Summit did not get notice. Therefore, the court orders case' stayed for 2 months. After two months the court will lift the stay. The court orders conciliation to be scheduled by Friday, 04/18/03.

Case Title: OI-CV439 EEOC v. JB's Restaurant

 
 , c~ RECEIVED

MARY Jo O'NEILL

13 F:' C P: ~): 12' FEB 0 9 2004

C. EMANUEL SMITH

r ;-

MICHELLE G. MARSHALL

RALPH E. CHAMNESS (6511) EQUAL EMPLOYMENT OPPORTIJNITY COMMlSSION

I,

'01 . OFFICE OF .' JuDGE TENA CAMPBELL

PHOENIX DISTRICT OFFICE

3300 NORTH CENTRAL AVENUE, SUITE 6?0

PHOENIX, ARIzONA 85012-9688

TELEPHONE: (602) 640-5020

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity CommissIOn,
Plaintiff,
vs.
JB's Family Restaurants, Inc.;.,.a Delaware corporation; Summit Family Kestaurants, Inc., a Delaware corporation,
Defendants.

Civil No. 2:01CV00439C
CONSENT DECREE BETWEEN PLAINTIFF EEOC AND DEFENDANT JB'S FAMILY RESTAURANTS, INC. Judge Tena Campbell

INTRODUCTION The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against JB's Family Restaurants, Inc. ("JB's) and Summit Family Restaurants Inc ("Summit") to enforce Title VII of the Civil Rights Act of 1964,42 U.S.c. §2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §1981a. In its Third Amended Complaint, the Commission alleges defendants discriminated against Carla Hart and a class of female employees (collectively, "class members") on the basis of their sex by subjecting them to a pa~em or practice of unlawful sexual harassment. The Commission also alleges defendants retaliated against
1

employees who complained about the sexual harassment, and that as a result of the sexual harassment and retaliation, Ms. Hart and other female employees were constructively discharged and/or terminated from their employment in violation of Title VII.
JB's was incorporated in 1997; owners of the corporation prior to November of 2000, when the current owner purchased 100% of the stock of JB's, include Santa Barbara Restaurant Group, Inc. and CKE Restaurants, Inc. Thus, the current owner of the stock of JB's has held the control of the JB's restaurants in question since November of 2000. The allegations that are the subject of this action involve conduct which allegedly occurred prior to the date when current ownership acquired the company.
The Commission and JB's do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions oflaw.
In the interest of resolving this matter as between the Commission and JB's, and as a result of having engaged in comprehensive settlement negotiations, the Commission and JB's have agreed that the Commission's claims against JB's should be resolved finally by entry of this Decree. This Decree does not resolve any of the Commission's claims against any other named or unnamed defendants.
It is hereby ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims of the Commission and all class members identified in Attachment A to this Decree against JB's, including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit.
INJUNCTION 2. JB's, and its officers, agents, employees, successors, assigns and all persons In active concert or participation with it, both at the time that this Decree becomes
2

effective and for the duration of this Decree, are pennanently enjoined for the duration of the Decree from: (a) sexually harassing any employee or applicant; (b) retaliating against any employee or applicant because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or is assisting or has assisted or participated or is participating in the filing of a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation. Prior to bringing any court action to enforce compliance with this injunction, the EEOC will conduct itself as set forth in paragraph 24 of this Decree.
MONETARY RELIEF 3. Judgment is entered in favor of the Commission and against JB's in the amount of three hundred thousand dollars ($300,000.00). 4. In full satisfaction of the judgment, JB's shall pay the gross sum of three hundred thousand dollars ($300,000.00), to be distributed to the aggrieved persons listed in Attachment A. The three hundred thousand dollars ($300,000.00) is to be paid as an allowed claim in accordance with the Amended Plan of Reorganization to be confinned in the United States Bankruptcy Court for the District of Arizona, Case No. B-02-03349 PHX GCG. This Decree shall not be effective until approved by the parties and confinned by the Bankruptcy Court. JB's shall not condition the receipt of the individual relief on a class member's agreement to: (a) maintain as confidential the tenns of this Decree; (b) waive her statutory right to file a charge with any federal or state antidiscrimination agency with regard to conduct after the date of this decree; or (c) waive her right to apply for a position with JB's. 5. JB's shall pay the settlement amount specified in paragraph Three (3) of this Decree to the persons and in the amounts listed in Attachment A by check, cashier's
3

check or money order, for which sufficient funds exist, in accordance with the confirmed Amended Plan of Reorganization. JB's's obligation hereunder is not satisfied until each check issued is negotiated for readily available funds. The payments described above represent settlement of all damages claimed by the class members against JB's in this action, including compensatory damages. By January 31 of each year, JB's shall issue United States Internal Revenue Service Form 1099 to each class member for all such payments.
6. JB's shall mail a copy of the checks provided for in Paragraph five (5) of this Decree and any related correspondence to the Regional Attorney, United States Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012.
OTHER RELIEF 7. JB's shall provide Carla Hart and the class members identified in Attachment A with the written apology letter attached hereto as Attachment C. The apology letter shall be delivered within sixty (60) days of the entry of this Decree and shall be signed and printed on JB 's letterhead and signed by Lynn B. Whiteford, president and CEO of JB's. 8. JB's shall carry out policies and practices that help assure a work environment free from sexual harassment of its employees and that allow employees to raise concerns or complaints without retaliation about matters made unlawful by Title VII. To assist JB's in its efforts to assure a work environment free of sexual harassment and retaliation, JB's shall take the actions provided in Paragraphs Twelve (12) - Nineteen (19) of this Decree. 9. JB's has made but shall again make written, bona fide offers of employment to each of the class members identified in Attachment A within thirty (30) days of the
4

entry of this Decree. Such offers of employment shall include an offer to return the individual to substantially the same position, with the same seniority and benefits, as she would have held if she had continued working for JB's. Such offers also shall include the title of the position offered, store location(s), salary, benefits and expected hours per week of employment.
10. The identified class members shall have thirty (30) days from receipt of the second written offer to accept or reject the position. For any class member who accepts a position with JB's, for the duration of this Decree, JB's shall notify the Commission in writing when it takes any adverse employment action against that class member. Such notification shall include the reason(s) for the adverse employment action and identify by full name, position title, social security number, telephone number and address of the person(s) responsible for making the decision to take the adverse employment action. Such notification also shall include the full name, position title, last known home telephone number and address of the class member against whom such action was or will be taken.
11. JB's agrees that Lynn Whiteford, current president and CEO of JB's, and Mona Kollmorgan, manager of human resources for JB's, shall give truthful testimony, in connection with the Commission's lawsuit against any remaining defendants to this action, or appropriate defendants yet to be named to this lawsuit. Lynn Whiteford and Mona Kollmorgan also agree their testimony shall be truthful and to provide the Commission with a sworn statement given by each of them to the EEOC prior to the filing of this Decree with the Court. The out-of-court sworn statement shall cover all matters related to this litigation and all matters related to their employment with JB's and any predecessor or successor in interest.
DEFENDANT'S CORRECTIVE POLICIES AND PRACTICES
5

12. JB's shall post within thirty (30) days of the entry of this Decree, for the duration of this Decree, in a prominent place frequented by its employees at its facilities located in the State of Utah, including, both at the time that this Decree becomes effective and for the duration of this Decree, the Notice attached as Attachment B, in both English and Spanish. The Notice shall be the same type, style and size as set forth in Attachment B to this Decree, and the Notice shall be posted so that both pages are visible side-byside.
13. IB's shall provide training to the employees, supervisors and managers of its facilities in the State of Utah on sexual harassment and retaliation, according to the following terms:
A. JB' s shall provide consultation and training to its employees, supervisors and managers of its Utah facilities for a period of five (5) years from the date of this Decree. During each of the next five (5) years, the consultant/trainer shall conduct one live seminar training session each year, during which IB's shall ensure that an officer of IB's will make either a live or a videotaped statement regarding the severe consequences of sexual harassment and of the failure to investigate and take seriously complaints of unlawful harassment, including the fact that managers and supervisors are evaluated, in part, on their enforcement of JB's' anti-discrimination policies and the handling of discrimination complaints, and that such individuals may be subjected to discipline, up to and including termination, for violation of IB's policies against sexual harassment and retaliation.
All IB's employees, supervIsors and managers employed or having responsibility for its Utah facilities shall attend the live session or the videotaped showing of the live session in each year for the duration of this Decree. IB's may at its election have duplicative videotaped sessions to accommodate staffing needs.
6

B. During the first year, 2003, the seminar-training sessIOn shall be conducted within four months of the entry of this Decree. For the second year, the seminar-training session shall be conducted between 10 and 12 months after the completion of the preceding session. For the third year, the seminar-training session shall be conducted between 10 and 12 months after the completion of the preceding session. For the fourth year, the seminar-training session shall be conducted between 10 and 12 months after the completion of the preceding session. For the fifth year, the seminartraining session shall be conducted between 10 and 12 months after the completion of the preceding session.
C. The seminar-training sessions shall be approximately one and a half hours, plus 15-30 minutes of questions and answers. All personnel, designated in Paragraph Thirteen (13) (A), shall both register and attend the seminar-training session. The registry of attendance shall be retained by JB's for the duration of this Decree.
D. The seminars shall include the subjects of what constitutes sexual harassment and retaliation; that sexual harassment and retaliation in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment violates the law; how to prevent sexual harassment and retaliation; how to provide a work environment free from sexual harassment and retaliation; how to conduct an effective sexual harassment investigation; and to whom and by what means employees may complain if they feel they have been subjected to sexual harassment or retaliation in the workplace. The session shall also review and explain JB's policies set out in Paragraph Sixteen (16) (A)-(K) of this Decree.
E. During each training session, JB's shall ensure that an officer of JB's will speak either live or via videotape to the employees, supervisors and managers about the discipline that can be taken against supervisors, managers and employees of JB's who
7
------------.

commit acts of sex harassment or retaliation or allow sex harassment or retaliation to occur in the workplace; the importance of maintaining an environment free of sexual harassment and retaliation; and JB' s policy in regard to sexual harassment and retaliation referred to in Paragraph Sixteen (16) (A)-(K) of this Decree.
14. The Commission may designate Commission representatives to attend and participate in the seminar-training sessions. The representatives shall have the right to attend and fully participate in the sessions.
15. JB's shall designate, for the duration of this Consent Decree, person(s) at JB's to receive and forward complaints of discrimination from its employees within the State of Utah.
16. JB's shall maintain written policies, in English and in Spanish concerning sexual harassment and retaliation, that conform with the law. JB's represents that its written policies substantially conform with Paragraphs A-K below:
A. A strong and clear commitment to a workplace free of sexual harassment;
B. Clear and complete definitions of sexual harassment and of retaliation, with at least four relevant examples;
C. A clear and strong encouragement of persons who believe they have been sexually harassed to come forward and make management aware of the harassment;
D. A description of the consequences, up to and including termination, that will be imposed upon violators of the policies;
E. A promise of maximum feasible confidentiality for persons who believe that they have been sexually harassed;
F. An assurance of non-retaliation for persons who believe they have been sexually harassed, and for witnesses;
8

G. That sexual harassment by any person, including management officials, supervisors, co-workers, customers and third parties is prohibited and will not be tolerated;
H. The identification of specific individuals, with their telephone numbers, to whom employees who believe that they have been sexually harassed can report the sexual harassment, including a written statement that the employee may report the harassment to designated persons outside of their chain of management. This information also shall be posted in a conspicuous place at JB' s's facilities in the State of Utah;
1. That employees are not to discuss sexual conduct and/or sexual jokes while at work;
J. That no sexually oriented materials or objects shall be brought on the premises of JB's;
K. Assurances that JB's will investigate sexual harassment allegations promptly, fairly, thoroughly and impartially by using appropriate investigators and that appropriate corrective action will be taken by JB 's to eradicate the sexual harassment.
17. These policies, referred to in Paragraph Sixteen (16) (A)-(K) above, shall be transmitted to employees, supervisors and managers of JB's Utah facilities by an officer of JB's and distributed to each current employee of JB's's Utah facilities within thirty (30) days of the entry of this Decree. These policies shall be distributed, in English and Spanish, to all new employees of JB' s Utah facilities when hired and reissued, in English and Spanish, to each employee once a year for the term of this Decree. The sexual harassment policies also shall be posted, in English and Spanish, in a prominent place frequented by the employees and shall include a phone number for employees to complain and/or ask questions.
9

18. JB's shall promptly and appropriately investigate all complaints of sexual harassment by employees of its Utah facilities. Where the complaint is substantiated, IB's shall take immediate appropriate corrective action to discipline sexual harassers, and to eradicate the sexual harassment. If IB' s determines that a victim of sexual harassment has been denied a tangible employment benefit as a result of the harassment, JB's shall restore the compromised benefit and take such actions as are reasonably necessary to place the employee in the position the employee would have been absent the discrimination or retaliation.
19. JB's shall not retain documents related to the investigation in the personnel file of any employee who complains of harassment. All disciplinary actions taken against employees, supervisors and managers of JB's Utah facilities for violation of IB's sexual harassment policy shall be retained in that employee's personnel file where a violation is found and discipline is imposed.
REPORTING BY DEFENDANT AND ACCESS BY EEOC 20. IB's shall report in writing to the Regional Attorney of the Commission's Phoenix District Office at 3300 N. Central Ave., Suite 690, Phoenix, Arizona 85012, beginning six (6) months from the date of the entry of this Decree, and thereafter every six (6) months for the duration of the Decree the following information:
A. Any changes, modifications, revocations, or revisions to its policies which concern or affect the subject of sexual harassment or retaliation.
B. The registry of persons attending the seminars required in Paragraph Thirteen (13) of this Decree and a list of current personnel employed by JB's at its Utah facilities on the day of the seminar-training session.
C. Confirmation that: (i) the Notice required in Paragraph Twelve (12) of this Decree was posted, in English and in Spanish, and the locations where it was
10

posted, (ii) the policies required in Paragraph Sixteen (16) (A)-(K) of this Decree were distributed to each current and new employee of JB's Utah facilities, and posted.
D. A copy of the polices referred to in Paragraph Sixteen (16) (A)-(K) of this Decree will be provided with the first report.
E. A copy of each apology letter mailed pursuant to Paragraph Seven (7) of this Decree will be provided with the first report.
21. The Commission shall have the right to enter and inspect JB's premises located in Utah upon ten (10) days written notice to JB's counsel, to ensure compliance with this Decree and Title VII's prohibition of sexual harassment and retaliation.
COSTS. DURAnON AND PENALTIES FOR NON-COMPLIANCE 22. The parties shall each bear their own costs, and the Commission and JB's shall each bear their own attorneys' fees incurred as a result of this action through the filing of this Decree. 23. The duration of this Decree shall be five (5) years from its entry. This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. 24. In the event that the Commission believes that JB's has failed to comply with any provision(s) of the Decree, prior to pursuing any action in court, including an action to enforce the injunction, above, the Commission shall:
A. Notify JB's in writing of the alleged non-compliance, which notice shall state that it is being given pursuant to this Paragraph Twenty-Four (24) (a) of this Decree and shall be sent by fax and by first-class mail both to the counsel and the corporate officers who sign this Decree on behalf of JB's, using the fax numbers and addresses shown in connection with their signatures below or updated information if known or provided, and
11

B. JB's shall have 30 days from the date of receipt of the foregoing notification to cure or resolve with the EEOC any alleged non-compliance with this Decree prior to the EEOC taking any court action.
25. Should the Court determine that JB's has not complied with this Decree, appropriate relief may be ordered. This Decree shall expire by its own terms at the end of sixty (60) months from the date of entry, without further action by the parties.
26. The parties agree to entry of this Decree and judgment subject to final approval by the Court.
The Honorable Tena Campbell United States District Court Judge
12

APPROVED AND CONSENTED TO:
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.w. Washington, D.C. 20507

lM~A~R~Y~J~O~O~'~N~~~~,r~
Regional Attor e
C. EMANUEL SMITH Supervisory Trial Attorney

LYNitvHITf.O~
President and CEO

MICHELLE G. MARSHALL Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020
Attorneys for Plaintiff

LOIS BAAR, ESQ. JANOVE BAAR ASSOCIATES, L.C. 9 Exchange Place, Suite 1112 Salt Lake City, Utah 84111 (801) 530-0404 Attorneys for Defendant JB's Family Restaurants, Inc.
13

ATTACHMENT A

CLASS MEMBER NAME 1. Carla Hart 2. Deanna Bingham 3. Jamie Bledsoe 4. Anne Jackson 5. Heather Boyd Jackson 6. Twila Pace 7. Jeni Miller 8. Rachelle Parsons 9. Amy Thomas 10. Katherine Ungerman Patane II. Lisa Van Fleet 12. Valerie Bodine

AMOUNT $115,000 $25,000 $5,000 $25,000 $5,000 $30,000 $20,000 $15,000 $20,000 $5,000 $10,000 $25,000

ATTACHMENT B

, .
NOTICE TO ALL EMPLOYEES OF JB'S FAMILY RESTAURANTS, INC.
This Notice is posted pursuant to a Consent Decree entered into between JB's Family Restaurants, Inc. (JB's) and the Equal Employment Opportunity Commission (EEOC), entering judgment against JB's.
It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of sex, including sexual harassment, in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. Sexual harassment includes unwelcome or offensive sexual advances or touching, requests for sexual favors, or other verbal or physical conduct directed at a person because ofherlhis sex. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Utah Anti-discrimination and Labor Division (UALD).
JB's shall not discriminate against any employee on the basis of sex, including sexual harassment, and shall not retaliate against any employee for complaining about sexual harassment.
If you believe you have been discriminated against or sexually harassed you should contact your manager or Lynn Whiteford, President of JB's, at 1-800-995-7555 ext. 2662 or Mona Kollmorgen Manager for Human Resources at JB's, at 1-800-995-7555 ext. 2661 or if you would prefer to speak to someone outside of the company you may contact Tricia Pannier, outside human resources consultant at 801-6857697. You also have the right to seek assistance from:

., ,
(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012 Telephone: (602) 640-5000 TTY: (602) 640-5072 Website (national): www.eeoc.gov; or
(2) UALD Mailing Address: P.O. Box 146630, Salt Lake City, Utah 84114; Physical Address: 160 East 300 South, 3rd Floor, Salt Lake City, Utah 84111 Telephone: (801) 530-6801 or 1-800-222-1238 TDD: (801) 530-7685 Fax: (801) 530-7609 Website: http://laborcommission.utah.gov
You have the right to file a charge with the EEOC or UALD if you believe you are being discriminated against, retaliated against or sexually harassed.
No Retaliation Clause. It is against the law for any action to be taken against you by any supervisory or management official of JB 's for: (l) opposing sexual harassment or other discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the UALD at the addresses or telephone numbers listed above.

ATTACHMENT C

Dear _ _ _ _ __

[JB's LETTERHEAD]

As you are aware, a lawsuit was filed by the Equal Employment Opportunity Commission against JB's, alleging sexual harassment and retaliation against female employees of the Company.
Please accept my sincere apology, on behalf of IB's and its management for any offensive or objectionable language or conduct you experienced during your employment with IB's. Please accept my commitment that the Company will take whatever steps are necessary to ensure that current and future IB's employees work in an environment free of discrimination, retaliation and harassment.

Sincerely,

Lynn B. Whiteford Title IB's Family Restaurants, Inc.

alt United States District Court
for the District of Utah February 19, 2004
* * CERTIFICATE OF SERVICE OF CLERK * *
Re: 2:01-cv-00439
True and correct copies of the attached were either mailed, faxed or e-mai1ed by the clerk to the following:
Ms. Heidi E Leithead, Esq. PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84147 EMAIL
Maggie H. Abuhaidar, Esq. US ATTORNEY'S OFFICE , 84111 EMAIL
Michelle G. Marshall, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 EMAIL

 
 CLEflk. J:'/J~;1J~.S~IVED
lOU~ MAR 2b P ~~~~ 4 2004
IN THE UNITED STATES DW;R""I(1CT.~",8- 8,l" f,lO;F5FNIACECOAFMPBEll FOR THE DISTRICT OF UTAH, ce~;rRJ\lru/i'fi!U6N~ RECENED CLERK

Equal ~mployment Opportunity Commission,
Plaintiff,
VS.
JB's Family Restaurants, Inc., a Delaware corporation; Summit Family Restaurants, Inc., a Delaware corporation,
Defendants.

Civil No. 2:01CV00439C

MAR 24 2004

u.s. DISTRICT COURT

CONSENT DECREE BETWEEN

PLAINTIFF EEOC AND

DEFENDANT SUMMIT FAMILY

RESTAURANTS, INC.

Entered on docket

Judge Tena Campbell

~~q:..._,by:

INTRODUCTION The L'nited States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against Summit Family Restaurants, Inc. ("Summit") to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.c. §2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 V.S.c. §1981a. In its Third Amended Complaint, the Commission alleges Summit discriminated against Carla Hart and a class of female employees (collectively, "class members") on the basis of their sex by subjecting them to a pattern or practice of unlawful sexual harassment. The Commission also alleges Summit retaliated against employees who complained about the sexual harassment, and that as a result of the sexual harassment and retaliation, Ms. Hart and other female employees were constructively discharged andlor terminated from their employment in violation of Title VII. Summit denies the Commission's allegations. The Commission and Summit do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions oflaw.

In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the Commission and Summit have agreed this action should be resolved finally by entry of this Decree.
It is hereby ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims of the Commission and all class members identified in Attachment A to this Decree against Summit, including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit.
INJUNCTION 2. Summit, and its officers, agents, employees, successors, assigns and all persons in active concert or participation with it, both at the time that this Decree becomes effective and for the duration of this Decree, are permanently enjoined for the duration of the Decree from: (a) sexually harassing any employee or applicant; (b) retaliating against any employee or applicant because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or is assisting or has assisted or participated or is participating in the filing of a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation.
MONETARY RELIEF 3. Judgment is entered in favor of the Commission and against Summit in the amount of one hundred thirty-five thousand dollars ($135,000.00). 4. Summit shaIl pay the total gross sum of one hundred thirty-five thousand dollars ($135,000.00), to be distributed in four equal annual installments commencing March 26, 2004 and each year thereafter until the aggregate sum of$135,000 is paid to the aggrieved persons listed in Attachment A. Summit shall not condition the receipt of
2

the individual relief on a class member's agreement to: (a) maintain as confidential the terms of this Decree; (b) waive her statutory right to file a charge with any federal or state anti-discrimination agency; or (c) waive her right to apply for a position with Summit.
5. Summit shall pay the settlement amounts by check, cashier's check or money order, for which sufficient funds exist, in accordance with Paragraphs Three (3) and Four (4) of this Decree. Summit's obligation hereunder is not satisfied until each check issued is negotiated for readily available funds. The payments described in Paragraphs Three (3) and Four (4) of this Decree represent settlement of compensatory damages. By January 31 of each year while this Decree is in effect commencing in 2005, Summit shall issue United States Internal Revenue Service Form 1099 to each class member for all such applicable payments.
6. Summit shall mail a copy of the checks provided for in Paragraphs Three (3) and Four (4) of this Decree and any related correspondence to the Regional Attorney, United States Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012.
7. Summit acknowledges that it has paid the amounts it owed to JB's Family Restaurants, Inc. ("JB's") in accordance with the Compromise Agreement for Settlement of Past and Future Royalty Fees between Summit, as licensee and JB's as licensor, which has been approved by the United States Bankruptcy Court for the District of Arizona, Case No. B-02-03349 PHX GCG.
OTHER RELIEF 8. Summit shall provide Carla Hart and the class members identified in Attachment A with the written apology letter attached hereto as Attachment C. The apology letter shall be delivered within thirty (30) days of the entry of this Decree and shall be signed and printed on letterhead utilized by Summit for its 18's Restaurants and signed by Robert Wheaton, current President of Summit.
3

9. Summit's JB's Restaurants operating in Utah ("Summit") shall carry out policies and practices that help assure a work environment free from sexual harassment of its employees and that allow employees to raise concerns or complaints without retaliation about matters made unlawful by Title VII. To assist Summit in its efforts to assure a work environment free of sexual harassment and retaliation, Summit shall take the actions provided in Paragraphs Twelve (12) - Eighteen(18) of this Decree.
10. Summit shall make written, bona fide offers of employment to each of the class members identified in Attachment A, based upon positions available at the time of the offers. Such offers of employment shall include an offer to return the individual to substantially the same position, with the same seniority and benefits, as she would have held if she had continued working for Summit. Such offers also shall include the title of the position offered, store location(s), salary, benefits and expected hours per week of employment.
11. The identified class members shall have thirty (30) days from receipt of the written offer to accept or reject the position. For any class member who accepts a position with Summit, for the duration of this Decree, Summit shall notify the Commission in writing when it takes any adverse employment action against that class member. Such notification shall include the reason(s) for the adverse employment action and identify by full name, position title, social security number, telephone number and address of the person(s) responsible for making the decision to take the adverse employment action. Such notification also shall include the full name, position title, last known home telephone number and address of the class member against whom such action was or will be taken.
DEFENDANT'S CORRECTIVE POLICIES AND PRACTICES 12. Summit shall post, for the duration of this Decree, a notice of its sexual harassment and anti-retaliation policies, in both English and Spanish, in a prominent place
4

frequented by its employees at its facilities located in the State of Utah at the time that this Decree becomes effective and for the duration of this Decree.
13. Summit shall provide training to the employees, supervisors and managers of its facilities in the State of Utah on sexual harassment and retaliation, according to the following terms:
A. Summit shall provide consultation and training to its employees, supervisors and managers of its Utah facilities for a period of three (3) years from the date of this Decree. During each of the next three (3) years, the consultant/trainer shall conduct one live seminar training session each year, during which Summit shall ensure that an officer of Summit will make either a live or a videotaped statement regarding the severe consequences of sexual harassment and of the failure to investigate and take seriously complaints of unlawful harassment, including the fact that managers and supervisors are evaluated, in part, on their enforcement of Summit's anti-discrimination policies and the handling of discrimination complaints, and that such individuals may be subjected to discipline, up to and including termination, for violation of Summit policies against sexual harassment and retaliation.
All Summit employees, supervisors and managers employed or having responsibility for its Utah facilities shall attend the live session or the videotaped showing of the live session in each year for the duration of this Decree. Summit may at its election have duplicate videotaped sessions to accommodate staffing needs.
B. During the first year, 2004, the seminar-training session shall be conducted within four months of the entry of this Decree. For the other years, the seminar-training session shall be conducted between 10 and 12 months after the completion of the preceding session.
C. The seminar-training sessions shall be approximately one and a half hours, plus 15-30 minutes of questions and answers. All personnel, designated in
5

Paragraph Thirteen (13) (A), shall both register and attend the seminar-training session. The registry of attendance shall be retained by Summit for the duration of this Decree.
D. The seminars shall include the subjects of what constitutes sexual harassment and retaliation; that sexual harassment and retaliation in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment violates the law; how to prevent sexual harassment and retaliation; how to provide a work environment free from sexual harassment and retaliation; how to conduct an effective sexual harassment investigation; and to whom and by what means employees may complain if they feel they have been subjected to sexual harassment or retaliation in the workplace. The session shall also review and explain Summit policies set out in Paragraph Sixteen (16) (A)-(K) of this Decree.
E. During each training session, Summit shall ensure that an officer of Summit will speak either live or via videotape to the employees, supervisors and managers about the discipline that can be taken against supervisors, managers and employees of Summit who commit acts of sex harassment or retaliation or allow sex harassment or retaliation to occur in the workplace; the importance of maintaining an environment free of sexual harassment and retaliation; and Summit policy in regard to sexual harassment and retaliation referred to in Paragraph Sixteen (A)-(K) of this Decree.
14. The Commission may designate Commission representatives to attend and participate in the seminar-training sessions. The representatives shall have the right to attend and fully participate in the sessions.
15. Summit shall designate, for the duration of this Consent Decree, person(s) at Summit to receive and forward complaints of discrimination from its employees within the State of Utah.
16. Summit shall maintain written policies, in English and in Spanish concerning sexual harassment and retaliation, that conform with the law. Summit
6

represents that its written policies substantially conform with Paragraphs A-K below: A. A strong and clear commitment to a workplace free of sexual
harassment; B. Clear and complete definitions of sexual harassment and of
retaliation, with at least four relevant examples; C. A clear and strong encouragement of persons who believe they have
been sexually harassed to come forward and make management aware of the harassment; D. A description of the consequences, up to and including termination,
that will be imposed upon violators of the policies; E. A promise of maximum feasible confidentiality for persons who
believe that they have been sexually harassed; F. An assurance of non-retaliation for persons who believe they have
been sexually harassed, and for witnesses; G. That sexual harassment by any person, including management
officials, supervisors, co-workers, customers and third parties is prohibited and will not be tolerated;
H. The identification of specific individuals, with their telephone numbers, to whom employees who believe that they have been sexually harassed can report the sexual harassment, including a written statement that the employee may report the harassment to designated persons outside of their chain of management. This information also shall be posted in a conspicuous place at Summit's facilities in the State of Utah;
I. That employees are not to discuss sexual conduct and/or sexual jokes while at work; J. That no sexually oriented materials or objects shall be brought on the premises of Summit;
7

K. Assurances that Summit will investigate sexual harassment allegations promptly, fairly, thoroughly and impartially by using appropriate investigators and that appropriate corrective action will be taken by Summit to eradicate the sexual harassment.
17. These policies, referred to in Paragraph Sixteen (A)-(K) above, shall be transmitted to employees, supervisors and managers of Summit Utah facilities by an officer of Summit and distributed to each current employee of Summit's Utah facilities within thirty (30) days of the entry of this Decree. These policies shall be distributed, in English and Spanish, to all new employees of Summit Utah facilities when hired and reissued, in English and Spanish, to each employee once a year for the term of this Decree. The sexual harassment policies also shall be posted, in English and Spanish, in a prominent place frequented by the employees and shall include a phone number for employees to complain and/or ask questions.
18. Summit shall promptly and appropliately investigate all complaints of sexual harassment by employees of its Utah facilities. v,,'here the complaint is substantiated, Summit shall take immediate appropriate corrective action to discipline sexual harassers, and to eradicate the sexual harassment. If Summit determines that a victim of sexual harassment has been denied a tangible employment benefit as a result of the harassment, Summit shall restore the compromised benefit and take such actions as are reasonably necessary to place the employee in the position the employee would have been absent the discrimination or retaliation.
19. Summit shall not retain documents related to the investigation in the personnel file of any employee who complains of harassment. All disciplinary actions taken against employees, supervisors and managers of Summit Utah facilities for violation of Summit sexual harassment policy shall be retained in that employee's personnel file where a violation is found and discipline is imposed.
8

REPORTING BY DEFENDANT AND ACCESS BY EEOC 20. Summit shall report in writing to the Regional Attorney of the Commission's Phoenix District Office at 3300 N. Central Ave., Suite 690, Phoenix, Arizona 85012, beginning six (6) months from the date of the entry ofthis Decree, and thereafter every six (6) months for the duration of the Decree the following information:
A. Any changes, modifications, revocations, or revisions to its policies which concern or affect the subject of sexual harassment or retaliation.
B. The registry of persons attending the seminars required in Paragraph Thirteen (13) of this Decree and a list of current personnel employed by Summit at its Utah facilities on the day of the seminar-training session.
C. Confirmation that: (i) the Notice required in Paragraph Twelve (12) of this Decree was posted, in English and in Spanish, and the locations where it was posted, (ii) the policies required in Paragraph Sixteen (A)-(K) of this Decree were distributed to each current and new employee of Summit Utah facilities, and posted.
D. A copy of the polices referred to in Paragraph Sixteen (A)-(K) of this Decree will be provided with the first report.
E. A copy of each apology letter mailed pursuant to Paragraph Eight (8) of this Decree will be provided with the first report,
21. The Commission shall have the right to enter and inspect Summit premises located in Utah upon ten (to) days written notice to Summit counsel, to ensure compliance with this Decree and Title VII's prohibition of sexual harassment and retaliation.
COSTS, DURATION AND PENALTIES FOR NON-COMPLIANCE 22. The parties shall each bear their own costs, and the Commission and Summit shall each bear their own attorneys' fees incurred as a result of this action
9

through the filing of this Decree. 23. The duration of this Decree shall be three (3) years from its entry or until
Summit has completely distributed the total payment of one hundred thirty-five thousand dollars ($135,000.00) to the class members, as set forth in Paragraphs Four and Five above. This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree.
24. In the event that the Commission believes that Summit has failed to comply with any provision(s) of the Decree, the Commission shall:
(a) Notify Summit in 'NTiting of the alleged non-compliance, which notice shaH state that it is being given pursuant to this Paragraph Thirty (30) (a) of this Decree and shall be sent by fax and by firstclass mail both to the counsel and the corporate officers who sign this Decree on behalf of Summit, using the fax numbers and addresses shown in connection with their signatures below
25. Should the Court determine that Summit has not complied with this Decree, appropriate relief may be ordered. This Decree shall expire by its mvn terms at the end of thirty-six (36) months from the date of entry, without further action by the parties.
26. The parties agree to entry of this Decree and judgment subject to final approval by the Court.

M DATED this

day of--..:flI.<4O...'""'A....{l.,.hdl\-\_, 2004.

10

APPROVED AND CONSENTED TO:
ERIC S. DREIBAND General Counsel 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
Preside t Summit Family Restaurants, Inc.
Supervisory Trial Attorney
~~?i/o/~~ MICHELLE G. MARSHALL Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020 Attorneys for Plaintiff
11

ATTACHMENT A

CLASS MEMBER NAME 1. Carla Hart 2. Deanna Bingham 3. Jamie Bledsoe 4. Anne Jackson
5. Heather Boyd Jackson
6. TwilaPace 7. Jem Miller 8. Rachelle Parsons 9. AmyThomas 10. Katherine Ungennan Patane 11. Lisa Van Fleet 12. Valerie Bodine

AMOUNT $51,750 $11,250 S2,250 $11,250 $2,250 $13,500 $9,000 $6,750 $9,000 $2,250 $4,500 $11,250

ATTACHMENTB

NOTICE TO ALL EMPLOYEES OF SUMMIT FAMILY RESTAURANTS, INC.
This Notice is posted pursuant to a Consent Decree entered into between Summit Family Restaurants, Inc. (Summit) and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of sex, including sexual harassment, in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. Sexual harassment includes unwelcome or offensive sexual advances or touching, requests for sexual favors, or other verbal or physical conduct directed at a person because ofher/his sex. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Utah Anti-discrimination and Labor Division (UALD).
Summit shall not discriminate against any employee on the basis of sex, including sexual harassment, and shall not retaliate against any employee for complaining about sexual harassment.
If you believe you have been discriminated against or sexually harassed, you have the right to seek assistance from:
(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012 Telephone: (602) 640-5000 TTY: (602) 640-5072 Website (national): www.eeoc.gov; or
(2) UALD Mailing Address: P.O. Box 146630, Salt Lake City, Utah 84114; Physical

Address: 160 East 300 South, 3rd Floor, Salt Lake City, Utah 84111 Telephone: (801) 530-6801 or 1-800-222-1238 TDD: (801) 530-7685 Fax: (801) 530-7609 Website: http://laborcommission.utah.gov
You have the right to file a charge with the EEOC or UALD if you believe you are being discriminated against, retaliated against or sexually harassed.
No Retaliation Clause. It is against the law for any action to be taken against you by any supervisory or management official of Summit for: (1) opposing sexual harassment or other discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the UALD at the addresses or telephone numbers listed above.

ATTACHMENT C

Dear _______

[SUMMIT LETTERHEAD]

As you are aware, a lawsuit was filed by the Equal Employment Opportunity Commission against Summit, alleging sexual harassment and retaliation against female employees of the Company.
Please accept my sincere apology, on behalf of Summit and its management for any offensive or objectionable language or conduct you experienced during your employment with Summit. Please accept my commitment that the Company will take whatever steps are necessary to ensure that current and future Summit employees work in an environment free of discrimination, retaliation and harassment.

Sincerely,

Robert Wheaton President Summit Family Restaurants, Inc.

alt United States District Court
for the District of Utah March 29, 2004
* * CERTIFICATE OF SERVICE OF CLERK * *
Re: 2:01-cv-00439
True and correct copies of the attached were either mailed, faxed or e-mailed by the clerk to the following:
Ms. Lois A. Baar, Esq. JANOVE BAAR ASSOC 9 EXCHANGE PL STE 1112 SALT LAKE CITY, UT 84111 EMAIL
Ms. Heidi E Leithead, Esq. PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84147 EMAIL
Maggie H. Abuhaidar, Esq. US ATTORNEY'S OFFICE
84111 EMAIL
Michelle G. Marshall, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 EMAIL

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

Page 1 of 11

Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:01-cv-00439-TC

CLOSED

EEOC v. JB's Fam Rest, et al Assigned to: Judge Tena Campbell Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 06/15/2001 Date Terminated: 03/26/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Maggie H. Abuhaidar US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)524-5682 Email: maggie.abuhaidar@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle G. Marshall EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: michelle.marshall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ralph E. Chamness SALT LAKE CITY ATTORNEYS OFFICE 451 S STATE ST STE 505 SALT LAKE CITY, UT 84111 (801)535-7630 Email: ralph.chamness@slcgov.com TERMINATED: 01/28/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
P. David Lopez EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?594716194819178-L_353_0-1

7/9/2007

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

Page 2 of 11

V. Defendant LBW Investments TERMINATED: 08/30/2001 doing business as JB's Family Restaurants
Defendant Summit Family Restaurants a Delaware corporation doing business as JB's Family Restaurants

(602)640-5000 Email: patrick.lopez@eeoc.gov
represented by Lois A. Baar HOLLAND & HART (UT) 60 E SOUTH TEMPLE STE 2000 SALT LAKE CITY, UT 84111-1031 (801)799-5929 Email: labaar@hollandhart.com TERMINATED: 08/30/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jathan W. Janove BULLARD SMITH JERNSTEDT WILSON (OR) 1000 SW BROADWAY STE 1900 PORTLAND, OR 97205 (866)551-6938 Email: jjanove@bullardlaw.com TERMINATED: 08/30/2001 ATTORNEY TO BE NOTICED
represented by Heidi E. Leithead PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84111 (801)532-7840 Email: HECL@pwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ali Levin JONES WALDO HOLBROOK & MCDONOUGH (SLC) 170 S MAIN ST STE 1500 SALT LAKE CITY, UT 84101 (801)521-3200 Email: alevin@joneswaldo.com TERMINATED: 01/23/2003 ATTORNEY TO BE NOTICED
Bentley J. Tolk PARR WADDOUPS BROWN GEE &

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?594716194819178-L_353_0-1

7/9/2007

CM/ECF - U.S. District Court:utd - Docket Report
Defendant Santa Barbara Restaurant Group a Delaware corporation TERMINATED: 08/01/2001 doing business as JB's Family Restaurants Defendant CKE Restaurants a Delaware corporation TERMINATED: 08/01/2001

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LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84111 (801)532-7840 Email: BJT@pwlaw.com ATTORNEY TO BE NOTICED
David C. Reymann PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84111 (801)532-7840 Email: dcr@pwlaw.com ATTORNEY TO BE NOTICED
Dustan Chad McCoy (801)532-7840 ATTORNEY TO BE NOTICED
Jonathan O. Hafen PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84111 (801)532-7840 Email: JOH@pwlaw.com ATTORNEY TO BE NOTICED
Kristine E. King US CUSTOMS & BORDER PROTECTION ONE WORLD TRADE CTR STE 741 LONG BEACH, CA 90832 (562)980-3141

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doing business as JB's Family Restaurants
Defendant
JB's Family Restaurants a Delaware corporation TERMINATED: 02/18/2004

represented by Lois A. Baar (See above for address) TERMINATED: 02/18/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen Kitzmiller 230 S 600 E SALT LAKE CITY, UT 84102 (801)597-9859 Email: ellenkitzmiller@yahoo.com TERMINATED: 02/18/2004 ATTORNEY TO BE NOTICED
Jathan W. Janove (See above for address) TERMINATED: 02/18/2004 ATTORNEY TO BE NOTICED

Date Filed 06/15/2001 06/18/2001 06/20/2001
07/26/2001
08/01/2001 08/01/2001
08/02/2001
08/03/2001

#

Docket Text

1 Complaint filed, assigned to Judge Tena Campbell (asp) (Entered: 06/18/2001)

2 Amended complaint by EEOC plaintiff Amends [1-1] complaint; jury demand (tsh) (Entered: 06/19/2001)

3 Motion and Order signed by Judge Tena Campbell , 06/20/01 . Granting motion /PHV for Attorney: Michelle G. Marshall on behalf of plaintiff EEOC cc:attys (tsh) (Entered: 06/21/2001)

4 Stipulation by EEOC, LBW Invst, Summit Fam Rest, Santa Barbara Rest, CKE Rest stip to extend time until 8/17/01 to answer or otherwise respond to Pla's Amended Cmp (tsh) (Entered: 07/27/2001)

5 Motion by EEOC for entry of default as to Summit Fam Rest (tsh) (Entered: 08/02/2001)

6 Notice of voluntary dismissal as to dfts Santa Barbara Restaurant Group d/b/a JB's Family Restaurants and CKE Restaurants d/b/a JB's Family Restaurants without prejudice (tsh) (Entered: 08/02/2001)

7 Certificate of service [6-1] notice of dismissal, [5-1] motion for entry of default as to Summit Fam Rest by EEOC (tsh) Modified on 08/03/2001 (Entered: 08/03/2001)

8 Motion by Summit Fam Rest to set aside default judgment , or in the alternative opposition to application for default judgment (tsh) (Entered:

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08/03/2001 08/03/2001 08/08/2001
08/14/2001
08/14/2001
08/30/2001 08/30/2001 08/30/2001 09/21/2001 09/25/2001 10/15/2001
10/17/2001 10/22/2001

08/07/2001)
9 Memorandum by Summit Fam Rest in support of [8-1] motion to set aside default judgment, [8-2] motion opposition to application for default judgment (tsh) (Entered: 08/07/2001)
10 Declaration of Robert Wheaton in support of [8-1] motion to set aside default judgment, [8-2] motion opposition to application for default judgment (tsh) (Entered: 08/07/2001)
11 Order granting [4-1] stipulation motion to extend time until 8/17/01 to answer or otherwise respond to Pla's Amended Cmp, answer due set for 8/17/01 for LBW Invst signed by Judge Tena Campbell , 08/08/01 cc:atty (tsh) (Entered: 08/09/2001)
12 Order withdrawing [5-1] motion for entry of default as to Summit Fam Rest, granting [8-1] motion to set aside default judgment as to Summit Fam Rest, granting [8-2] motion re: opposition to application for default judgment signed by Judge Tena Campbell, 8/14/01. cc:atty (ce) (Entered: 08/16/2001)
13 Stipulation by EEOC, LBW Invst, Summit Fam Rest stip for pla leave to file second amd cmp , and stip to withdraw [5-1] motion for entry of default as to Summit Fam Rest , or in the alternative to set aside default (tsh) (Entered: 08/16/2001)
14 Return of summons executed as to CKE Rest, Santa Barbara Rest, Summit Fam Rest 7/3/01 Answer due on 7/23/01 for CKE Rest, for Santa Barbara Rest, for Summit Fam Rest (tsh) (Entered: 08/31/2001)
15 Return of summons executed as to LBW Invst 7/10/01 Answer due on 7/30/01 for LBW Invst (tsh) (Entered: 08/31/2001)
16 SECOND Amended complaint by EEOC added party(ies): JB's Fam Rest . Amends [2-1] amended complaint; jury demand (tsh) (Entered: 09/05/2001)
17 Acceptance of service as to JB's Fam Rest 9/5/01 Answer due on 9/25/01 for JB's Fam Rest (tsh) (Entered: 09/24/2001)
18 Answer by JB's Fam Rest to amended complaint (tsh) (Entered: 09/26/2001)
Original return of service of summons and second amended complaint upon dft Summit Family Restaurants received and lodged in file. No copy of the summons was included with the return of summons which is required for filing with the court. (tsh) (Entered: 10/17/2001)
19 Stipulation by EEOC, Summit Fam Rest stip to extend time until 10/26/01 for dft Summit Fam Rest to respond to pla's Second Amd Cmp (tsh) (Entered: 10/19/2001)
20 Order granting [19-1] stipulation motion to extend time until 10/26/01 for dft Summit Fam Rest to respond to pla's Second Amd Cmp, answer due

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10/26/2001 10/26/2001 11/26/2001 02/21/2002 02/25/2002 02/28/2002
03/12/2002 07/08/2002 07/08/2002 07/15/2002 08/01/2002 08/02/2002 08/09/2002 10/21/2002 10/21/2002

set for 10/26/01 for Summit Fam Rest signed by Judge Tena Campbell , 10/22/01 cc:atty (tsh) (Entered: 10/23/2001)
Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff EEOC, defendant Summit Fam Rest, defendant JB's Fam Rest (tsh) (Entered: 10/29/2001)
21 Answer by Summit Fam Rest to second amended complaint; jury demand (tsh) (Entered: 10/29/2001)
22 Magistrate Notice of Hearing Initial Pretrial Conference set for 9:30 2/28/02 To be held before Judge Boyce cc:atty ( Ntc generated by: IPT Blue Sheet) (tsh) (Entered: 11/26/2001)
23 Motion and Order signed by Judge Tena Campbell , 02/22/02 Granting motion/PHV for Attorney Ali Levin on behalf of defendant Summit Fam Rest cc:attys (tsh) (Entered: 02/25/2002)
24 REPORT of Attorney Planning Meeting (tsh) (Entered: 02/26/2002)
25 Scheduling order setting; Deadline for filing of all motions 4:30 10/24/03; Discovery cutoff 4:30 7/15/02; Fact Discovery cutoff 02/07/03; Final Pretrial Conference for 3:00 3/22/04 ; 15-Day Jury Trial for 8:30 4/12/04. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set. Signed by Judge Ronald N. Boyce 02/28/02 cc:atty. Settlement Potential: Fair (tsh) (Entered: 03/01/2002)
26 Certificate of service by Summit Fam Rest re: Summit Fam Rest's Initial Disclosures (tsh) (Entered: 03/13/2002)
27 Certificate of service by EEOC re: Pla's First Supplemental Disclosure (tsh) (Entered: 07/10/2002)
28 Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to amend [16-1] second amended complaint (tsh) (Entered: 07/10/2002)
29 Order granting [28-1] stipulation motion to amend [16-1] second amended complaint signed by Judge Tena Campbell , 07/10/02 cc:atty (tsh) (Entered: 07/17/2002)
30 THIRD Amended complaint by EEOC added no new parties . Amends [16-1] 2nd amended complaint; jury demand (ksp) (Entered: 08/02/2002)
31 Answer by Summit Fam Rest to third amended complaint; jury demand (ce) (Entered: 08/05/2002)
32 Answer by JB's Fam Rest to third amended complaint (tsh) (Entered: 08/13/2002)
33 Motion by JB's Fam Rest for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (ce) (Entered: 10/22/2002)
34 Memorandum by JB's Fam Rest in support of [33-1] motion for protective order relieving JB's from its obligation to respond to the

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10/30/2002
10/30/2002 10/31/2002 10/31/2002 10/31/2002 10/31/2002 11/04/2002 11/12/2002 11/12/2002 11/13/2002 11/18/2002 11/19/2002
11/25/2002 11/25/2002 12/23/2002 12/30/2002

EEOC's premature discovery requests (ce) (Entered: 10/22/2002)
35 Notice of Hearing filed : Motion hearing set for 2:30 11/13/02 for [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests To be held before Judge TC cc:atty ( Ntc generated by: TC's crtrm dep) (tsh) (Entered: 10/30/2002)
36 Certificate of service by Summit Fam Rest re: initial disclosures, obj/resp to plas first set of non-uniform interrogatories, obj/resp to plas first set of req for prod of docs (kvs) (Entered: 10/31/2002)
38 Motion by Summit Fam Rest for summary judgment (tsh) (Entered: 11/07/2002)
39 Memorandum by Summit Fam Rest in support of [38-1] motion for summary judgment (tsh) (Entered: 11/07/2002)
40 Affidavit of Robert E. Wheaton (tsh) (Entered: 11/07/2002)
41 Affidavit of Steven L. Schmidt (tsh) (Entered: 11/07/2002)
37 Supplemental Memorandum by JB's Fam Rest in support of [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (ce) (Entered: 11/05/2002)
43 Certificate of service by EEOC re: pla second supplemental disclosure (kvs) (Entered: 11/14/2002)
44 Memorandum by EEOC in opposition to [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (tsh) (Entered: 11/18/2002)
42 Notice of Hearing filed : striking hearing previously set for 1/6/03 at 3:00 p.m. , terminated deadlines To have been held before Judge TC cc:atty ( Ntc generated by: TC's crtrm dep) (tsh) (Entered: 11/13/2002)
45 Stipulation by EEOC, Summit Fam Rest stip to extend time until 12/20/02 for pla to respond to dft Summit Family Restaurant's Motion for Sum/Jgm (tsh) (Entered: 11/25/2002)
46 Order granting [45-1] stipulation motion to extend time until 12/20/02 for pla to respond to dft Summit Family Restaurant's Motion for Sum/Jgm signed by Judge Tena Campbell , 11/19/02 cc:atty (tsh) (Entered: 11/25/2002)
47 Certificate of service by EEOC re: Pla's Fourth Supplemental Disclosure (tsh) Modified on 12/02/2002 (Entered: 12/02/2002)
48 Certificate of service by EEOC re: Pla's Third Supplemental Disclosure (tsh) (Entered: 12/02/2002)
49 Stipulation by EEOC, Summit Fam Rest stip to extend time to 1/6/03 for pla to file resp to mot/sumjgm (alt) (Entered: 12/26/2002)
50 Order granting [49-1] stipulated motion to extend time to 1/6/03 for pla

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01/03/2003 01/06/2003
01/09/2003 01/09/2003 01/10/2003 01/13/2003 01/23/2003 01/24/2003 01/24/2003 01/27/2003 01/28/2003
01/28/2003

to file resp to mot/sumjgm signed by Judge Tena Campbell, 12/27/02 cc:atty (alt) (Entered: 01/02/2003)
51 Stipulation by EEOC, Summit Fam Rest Stipulation by EEOC and Summit Family Restaurant to extend time for the EEOC to respond to Summit's Motion for Summary Jgm until 1/8/03 (jmr) (Entered: 01/06/2003)
52 Order granting [51-1] Stipulation by EEOC and Summit Family Restaurant to extend time for the EEOC to respond to Summit's Motion for Summary Jgm until 1/8/03 and dft Summit Fam Restaurants have until 1/28/03 to serve its reply signed by Judge Tena Campbell , 1/6/03 cc:atty (ce) (Entered: 01/07/2003)
53 Ex parte motion by EEOC for leave to file overlength mem/opp to Summit Family's mot/sumjgm (alt) (Entered: 01/09/2003)
54 Memorandum by EEOC in opposition to [38-1] motion for summary judgment (alt) (Entered: 01/09/2003)
56 Order granting [53-1] ex parte motion for leave to file overlength mem/opp to Summit Family's mot/sumjgm signed by Judge Tena Campbell, 1/10/03 cc:atty (alt) (Entered: 01/13/2003)
55 Notice of Hearing filed: Motion hearing set for 3:00 4/16/03 for [38-1] motion for summary judgment To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 01/13/2003)
57 Substitution of Counsel Within Firm. Terminated attorney Ali Levin for Summit Fam Rest - Added Heidi E Leithead, Bentley J. Tolk (alt) (Entered: 01/24/2003)
58 Stipulation by EEOC, Summit Fam Rest stip to extend time to 2/28/03 for dft Summit to serve rply mem/sup to mot/sumjgm (alt) (Entered: 01/27/2003)
59 Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to extend time for deadlines: 9/12/03 for fact disc; 10/17/03 for pla's, 11/14/03 for dfts' rpts from retained experts; 12/17/03 for rebuttal expert rpts (alt) (Entered: 01/27/2003)
60 Ex parte motion by EEOC for Ralph E. Chamness to withdraw as attorney; pla to be represented by Michelle G. Marshall (alt) (Entered: 01/28/2003)
61 Order granting [60-1] ex parte motion for Ralph E. Chamness to withdraw as attorney; pla to be represented by Michelle G. Marshall as new lead atty (Terminated attorney Ralph E. Chamness for EEOC) signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)
62 Order granting [58-1] stipulated motion to extend time to 2/28/03 for dft Summit to serve rply mem/sup to mot/sumjgm signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)

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01/28/2003
02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/03/2003 02/28/2003 02/28/2003
02/28/2003 02/28/2003
02/28/2003

63 Order granting [59-1] stipulated motion to extend time for deadlines: 9/12/03 for fact disc; 10/17/03 for pla's, 11/14/03 for dfts' rpts from retained experts; 12/17/03 for rebuttal expert rpts, fact discovery due set for 9/12/03 signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)
64 Notice of filing of original affs in supp of mem/opp to Summit's mot/sumjgm by EEOC (alt) (Entered: 02/03/2003)
65 Affidavit of Rachelle Ruddell Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
66 Affidavit of Deanna Bingham Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
67 Affidavit of Twila Pace Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
68 Affidavit of Heather Jackson Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
69 Affidavit of Jamie Bledsoe Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
70 Affidavit of Jeni Miller Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
71 Affidavit of Lisa Van Fleet Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
72 Affidavit of Anne Jackson Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
73 Affidavit of Amy Thomas Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
74 Affidavit of Valerie Bodine Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)
75 Motion by Summit Fam Rest to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)
76 Memorandum by Summit Fam Rest in support of [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)
77 Motion by Summit Fam Rest to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)
78 Memorandum by Summit Fam Rest in support of [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)
79 Ex parte motion by Summit Fam Rest for leave to file overlength rply mem/supp of mot/sumjgm (alt) (Entered: 03/03/2003)

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02/28/2003 03/05/2003 03/18/2003 03/31/2003 03/31/2003 04/16/2003
04/23/2003 04/24/2003 04/28/2003 05/01/2003 02/18/2004

80 Reply by Summit Fam Rest to response to [38-1] motion for summary judgment (alt) (Entered: 03/03/2003)
81 Order granting [79-1] ex parte motion for leave to file overlength rply mem/supp of mot/sumjgm signed by Judge Tena Campbell, 3/4/03 cc:atty (alt) (Entered: 03/05/2003)
82 Memorandum by EEOC in opposition to [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm), [751] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/18/2003)
83 Reply by Summit Fam Rest to response to [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (ce) (Entered: 04/01/2003)
84 Reply by Summit Fam Rest to response to [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (ce) (Entered: 04/01/2003)
85 Minute entry: After hearing argument from counsel, the court grants both motions to strike and denies motion for summary judgment without prejudice. The court finds EEOC has made a reasonable attempt at conciliation and recognizes Summit did not get notice. Therefore, the court orders case stayed for 2 months. After two months, the court will lift the stay. The court orders conciliation to be scheduled by 4/18/03. granting [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) granting [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) denying [38-1] motion for summary judgment ; Judge: Tena Campbell Court Reporter: Mindy Powers Court Deputy: Theresa Brown (tb) (Entered: 04/21/2003)
86 Motion and Order signed by Judge Tena Campbell, 4/21/03. Granting motion/PHV for Attorney P. David Lopez on behalf plaintiff EEOC cc:attys (alt) (Entered: 04/24/2003)
87 Order denying Summit Fam Rest's [38-1] motion for summary judgment signed by Judge Tena Campbell, 4/23/03 cc:atty (alt) (Entered: 04/25/2003)
88 Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to extend time for certain ddls: fact disc, 11/21/03; motion filing, 1/30/04; exp disc, 2/6/04 (alt) (Entered: 04/29/2003)
89 Order granting [88-1] stipulated motion to extend time for certain ddls: fact disc, 11/21/03; motion filing, 1/30/04; exp disc, 2/6/04, discovery due set for 11/21/03-fact, 2/6/04-expert , motion filing deadline set for 1/30/04 signed by Judge Tena Campbell, 5/1/03 cc:atty (alt) (Entered: 05/02/2003)
90 Consent judgment for EEOC against JB's Fam Rest in amt of $300,000.00; signed by TC [EOD Date 2/19/04] (alt) (Entered:

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02/27/2004 03/24/2004 03/26/2004 03/26/2004 03/26/2004

02/19/2004)
91 Notice of Hearing filed: status conference set for 2:30 4/12/04 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 02/27/2004)
92 Notice of lodging consent decree between pla and Summit Family Restaurants by EEOC (alt) (Entered: 03/24/2004)
93 Consent decree/judgment for EEOC, against Summit Fam Rest in the amt of $135,000.00: see jgm for other (non-monetary) relief ordered. Signed by TC [EOD Date 3/29/04] (alt) (Entered: 03/29/2004)
93 Injunction against Summit Rest re: sexual harrassment & retaliation; signed by TC, 3/26/04 (alt) (Entered: 03/29/2004)
Case closed per consent decree/jgm no. 93 (alt) (Entered: 03/29/2004)

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 Office of General Counsel FY 2004 Annual Report - Summary of Accomplishments

Page 1 of 1

EEOC v. JB's Family Restaurants, Inc., & Summit Family Restaurants, Inc. (D. Utah March 26, 2004) ($435,000 to a dozen claimants, plus an injunction, letters of apology, and offers of rehire with retroactive benefits and seniority)

http://www.eeoc.gov/litigation/04annrpt/index.html

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