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I

Case 3:05-cv-00562 Document 1 Filed 03/22/2005,'IORPTaHgEeR1NFoDfII7SLTERIDCT Of TEXAS

,

\
t
IN THE UNITED STATES DISTRICT CQURT

MAR2211i

FOR THE NORTHERN DISTRICT OF T~XASERK, U.S. Of~T COURT

DALLAS DIVISION

Lt By

Oepuly

.---,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
RAZZOO'S, LP, Defendant.

)

)

)

CIVIL ACTION NO.

) S05CV 562P
)

)

COMPLAINT

)

)

)

)

JURY TRIAL DEMAND

)

NATURE OF THE ACTION

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

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

provide appropriate relief to Daniel Henderson and a class of similarly-situated aggrieved

individuals, who were adversely affected by such practices. The Commission alleges that

Defendant, Razzoo' s, LP, (hereafter "Defendant"), engaged in a pattern and practice of

discrimination against Daniel Henderson and a class of similarly-situated aggrieved male

employees by subjecting them to disparate terms and conditions of employment, termination, and

failure to promote to bartender positions because of their sex, male. The Commission also

alleges that Defendant engaged in a pattern and practice of discrimination against a class of

qualified male applicants by refusing to hire them for vacant bartender positions because of their

sex, male.

COMPLAINT

1

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 2 of 7

.JURISDICTION AND VENUE

1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337,

1343, 1345. This action is authorized and instituted pursuant to Section 706(1)(t) and (3) of the

Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C §2000e-5(t) (1) and (3), and

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

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

the jurisdiction of the United States District Court for the Northern District of Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission ( "Commission"), is

an agency of the United States of America charged with the administration, interpretation and

enforcement of Title I of the ADA and is expressly authorized to bring this action by Section

107(a) of the ADA, which incorporates by reference Section 706(1) and (3) and Section 707 of

Title VII.

4. At all relevant times, Defendant has continuously been and is now doing business

in the state of Texas and has continuously had at least fifteen employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-

(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Daniel Henderson

filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of

1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit

COMPLAINT

2

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 3 of 7

have been fulfilled.

7. Since at least September 2000, Defendant has engaged in unlawful employment

practices by engaging in a pattern and practice of subjecting Daniel Henderson and a class of

similarly situated aggrieved employees by subjecting them to disparate terms and conditions of

employment, termination, and failure to promote to bartender positions because of their sex,

male. Moreover, Defendant further engaged in a pattern and practice of discrimination against a

class of qualified male applicants by refusing to hire them for vacant bartender positions because

of their sex, male.

8.

The effect of the practices complained of above has been to deprive Mr.

Henderson and a class of similarly-situated aggrieved individuals of equal opportunities and

otherwise adversely affect their status as an employee because of their sex, male.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

committed with malice or with reckless indifference to the federally protected rights of Mr.

Henderson and a class of similarly-situated aggrieved individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all person in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of sex.

B. Grant a permanent injunction enjoining the Defendant, its officers, successors,

COMPLAINT

3

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 4 of 7

assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates in violation of Title VII and from subjecting its employees to retaliatory treatment in violation of Title VII.
C. Order the Defendant to institute and carry out policies, practices, and programs. which provide equal employment opportunities for Daniel Henderson and a class of similarly situated aggrieved male employees and aggrieved male applicants and eradicate the effects of its past and present unlawful unemployment practices.
D. Order the Defendant to make whole Daniel Henderson and a class of similarly situated aggrieved male employees and aggrieved male applicants by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay and pecuniary damages, including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of the Defendant's unlawful employment practices, including, but not limited to rightful place reinstatement of Daniel Henderson and a class of similarly-situated aggrieved male employees and aggrieved male applicants under such terms and conditions that will allow them to work free from gender-based discrimination.
E. Order the Defendant to make whole Daniel Henderson and a class of similarly situated aggrieved male employees and aggrieved male applicants by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Daniel Henderson and a class of similarly situated aggrieved male employees and aggrieved male applicants punitive damages for its malicious

COMPLAINT

4

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 5 of 7
conduct or reckless indifference described in paragraphs 7 and 10 above, in an amount 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 in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.

COMPLAINT

5

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 6 of 7
Respectfully submitted,
ERIC S. DREIBAND General Counsel
~i~ ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
~c6 Senior Trial Attorney Virginia State Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street, 3rd Floor Dallas, Texas 75202 Tel No. (214) 253-2746 Fax No. (214) 253-2749

COMPLAINT

6

Case 3:05-cv-00562 Document 1 Filed 03/22/2005 Page 7 of 7

CIVIL COVER SHEET

-! F :\. F n The

CI II cover sheet an e 10 ormatIOn contam. ed herem nelther rep ace nor supp ement the flir109 and servIce 0 f p Ieadm' ~s or 0 ther pa~ers as requl.fed byaIw, except as

provid y local rules of court. This form, approved by the Judicial Conference of the Umted States in September 1974, is requirtu .v. "l'i"~ Ji"i1i

,"~. f'r th~n.. ose

of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)

1'-, \. ;

f

I. (a)
PLAINTIFFS

DEFENDANTS

r

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

RAZZOO'S, LP

J MAR 22m;

(b) County of Residence of F,rst Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

l

u. County of Residence of First L,ste( D~~AA,

n'CTOI

....

(IN U.S P ;MJJffI'JERN <l!)fS'mICT OF TEXAS

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCA IIUN ur I HC

LAND INVOLVED,

(c) Attorney's (Fmn Name, Address, and Telephone Number) RONETTA J. FRANCIS, SENIOR TRIAL ATTORNEY
EEOC, 207 S. Houston, 3rd FL., Dallas, TX 75202 214253-2746

Attorneys (If Known)

. -
S 05 CV

56 2P

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

III I U.S, Government
Plamtlff

03 Federal Question (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" m One Box for Plaintiff

(For DIversIty Cases Only)

and One Box for Defendant)

CitIzen of This State

PTF DEF 01 01 Incorporated or PrinCIpal Place

PTF DEF
o 4 04

of Busmess In ThIS State

02 U S Government Defendant

04 DIversIty (IndICate CItIzenshIp of Parties m Item III)

CItIzen of Another State
CItIzen or Subject of a ForeIgn Country

02 0 2 Incorporated and Pnnclpal Place of Busmess In Another State
03 0 3 ForeIgn Nahon

o 5 05 o 6 06

IV. NATURE OF SUIT (Placean"X"m One Box Only)

I

CONTRACT

. TORTS

o 110 Insurance o 120 Manne o 130 MIller Act o 140 NegotIable Instrument o 150 Recovery of Overpayment

PERSONAL INJURY
0 310 Airplane 0 315 AIrplane Product
liabIlIty
0 320 Assault, LIbel &

PERSONAL INJURY 0 362 Personal Injury -
Med. MalpractICe 0 365 Personal Injury -
Product liabIlity

& Enforcement of Judgment

Slander

o 151 MedIcare Act

0 330 Federal Employers'

o 152 Recovery of Defaulted

LIability

0 368 Asbestos Personal Injury Product LIabIlIty

FORFEITUREJl>ENALTV'
0 610 Agnculture 0 620 Other Food & Drug 0 625 Drug Related SeIzure
of Property 21 USC 881
0 630 LIquor Laws 0 640 R,R. & Truck 0 650 AIrlme Regs 0 660 OccupatIOnal

Student Loans

0 340 Manne

PERSONAL PROPERTY

SafetylHealth

o (Exc!. Veterans)

0 345 Manne Product

153 Recovery of Overpayment

LIabIlIty

of Veteran's Benefits
o 160 Stockholders' SUIts o 190 Other Contract o 195 Contract Product liabilIty o 196 FranchIse

0 0
0

350 Motor Vehicle 355 Motor VehIcle
Product LIabilIty 360 Other Personal
InjUry

0 370 Other Fraud
0 371 Truth m Lending 0 380 Other Personal
Property Damage
0 385 Property Damage Product LIabIlity

0 690 Other
o LABOR 710 FaIr Labor Standards Act
0 720 Labor/Mgmt. Relations 0 730 Labor/Mgmt Reportmg
& DIsclosure Act

..REAL PROPERTY
g 210 Land CondemnatIOn
o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o 245 Tort Product LIabIlIty o 290 All Other Real Property

! CIVIL RIGHTS :. 441 Votmg
o 442 Employment 443 Housing!

PRISONEll:PETITIONS 0 740 RaIlway Labor Act

U 51U MotIons to Vacate 0 790 Other Labor Litigation

Sentence

0 791 Emp!. Ret. Inc.

Habeas Corpus:

Secunty Act

AccommodatIOns

0 530 General

0 444 Welfare

0 535 Death Penalty

0 445 AmeT. wlDlsabilItles - 0 540 Mandamus & Other

Employment

0 550 CIvil Rights

0 446 AmeT. wlDisabllitles - 0 555 Pnson CondItIOn

Other

0 440 Other CIVIl RIghts

,BANKRUPTCY . 0422 Appeal 28 USC 158 0423 WIthdrawal
28 USC 157
PROPERTY RIGHTS
IQ 820 Copynghts
o0830 Patent 840 Trademark
SOCIAL SECURITY
oIQ 861 HIA (1395ft) 862 Black Lung (923) 0863 DlWCIDIWW (405(g»
o 864 ssm TItle XVI o 865 RSI (405(g»
FEDERAL TAX SUITS U 870 Taxes (U.S. Plamtifr
or Defendant) 0871 IRS-Third Party
26 USC 7609

OTIIERSTATttTES

I

0 400 State ReapportIOnment

0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce

0 460 DeportatIOn 0 470 Racketeer Influenced and
Corrupt OrgamzatlOns

0 480 Consumer CredIt 0 490 Cable/Sat TV 0 810 SelectIve ServIce

0 850 Securitles/Commodltlesl Exchange
0 875 Customer Challenge 12 USC 3410

0 890 Other Statutory Actions 0 891 Agncultural Acts

0 892 EconoDllc Stabilization Act

0 893 EnVIronmental Matters 0 894 Energy Allocation Act

0 895 Freedom of InformatIOn Act

0 900 Appeal of Fee DetermmatlOn

Under Equal Access

to Justice

0 950 ConstltutlOnaltty of State Statutes

V. ORIGIN
II I Original
Proceeding

o (Place an "X" m One Box Only)

2 Removed from

0 3 Remanded from

State Court

Appellate Court

0 4 Reinstated or 0
Reopened

Transferred from 5 another dlstnct
(specify)

0 6 Multidistrict LittgatlOn

o AJup~eealfrtoomDtstnct 7 Magistrate Judgment

Cite the U.S. CIVIl Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause: Defendant subject Henderson and Class to disparate terms & conditions of employment.

VII. REQUESTED IN COMPLAINT:

D CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

VIII. RELATED CASE(S)
IF ANY

(See mstructlOns):

JUDGE

DEMANDS

FOR FFICE USE ONLY

TURE OF ATTORN~ OF ~ORD
. ,1ctin

RECEIPT #

AMOUNT

APPLYING IFP

mDGE

CHECK YES only if demanded in complaint:

JURY DEMAND:

iii Yes DNo

DOCKET NUMBER

MAG.mDGE

 
 Case 3:05-cv-00562-P Document 73 Filed 01/23/08 Page 1 of 1 PageID 1313

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. RAZOO’S, L.P.,
Defendant.

§

§

§

§

§

§

Civil Action No. 3:05-CV-562-P

§

§

§

§

ORDER

Pursuant to the District Court’s Order of Reference, filed December 21, 2007, Defendant’s

Motion to Compel and/or Limit the Class and Brief in Support Thereof, filed December 18, 2007,

has been referred to this Court for hearing, if necessary, and for determination.

The Court has scheduled a hearing on this motion for Thursday, January 31, 2008, at 10:00

a.m. in U.S. Magistrate Judge Ramirez’s courtroom, Room 1566. All parties must confirm their

attendance at least two days prior to the hearing by contacting Courtroom Deputy Lisa Martin

at (214) 753-2167. Failure to confirm or to attend the hearing without obtaining permission of the

Court will result in appropriate sanctions.

SO ORDERED on this 23rd day of January, 2008.

___________________________________ IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE

1

 
 Case 3:05-cv-00562-P Document 83 Filed 04/29/08 Page 1 of 2 PageID 1341

U.S. PIS"fRICT COURT

NORTHER.t'l DISTRICT OJ!" TEXAS

IN THE UNITED STATES DISTRICT C4~URT

FILED

FOR THE NORTHERN DISTRICT OF ~ EXAS

---·

DALLAS DIVISION

APR 2 9 2008

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. RAZZOO'S, L.P.,
Defendant.

CLER!(, U.S. DiSTiUCT CO\JRT

By

t;' .I )

Deputy .ft.~'l.l

I v
CIVIL ACTION NO.

3: c v-05-0562-p

lO·DAY ORDER OF DISMISSAL

The Court having been advised that the parties in the captioned matter have reached a settlement agreement,
IT IS THEREFORE ORDERED that all claims by all parties in this action are DISMISSED WITHOUT PREJUDICE subject to the parties' right to reopen within
thirty (30) days if the settlement is not consummated. All parties shall retain the right to notify the Court in the event that the settlement cannot be consummated within the 30-day time limit imposed by this order and to apply for an extension of this order of dismissal to allow more time to consummate the settlement, or may apply to the court for reopening of this action should the parties not be able to finalize the settlement. If reopening of this action becomes necessary, it shall be reopened as though it had never been closed. Unless the case is reopened within the 30-day time period, or the 30-day period is extended, the case will be considered
DISMISSED WITH PREJUDICE. IT IS SO ORDERED.
Signed April 21 , 2008.

30-DAY ORDER OF DISMISSAL- SOLO PAGE

UNITED STATES DISTRICT JUDGE

Case 3:05-cv-00562-P Document 83 Filed 04/29/08 Page 2 of 2 PageID 1342
CASE CLOSED
CASE NUMBER: 3:05-CV-0562-P DATE: April29, 2008
TRIAL: YES_ __ NO .f

 
 Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 1 of 17 PageID 1343
u.s. DiSTRICT COURT

0Rj GlNA NORTHERN DISTRICT OF TEXAS

f IN THE UNITED STATES DISTRICT co RT

FILED

,, '

FOR THE NORTHERN DISTRICT OFT XAS

DALLAS DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

RAZZOO'S, INC.,

)

)

Defendant.

)

)

)

CIVIL ACTION NO. 3:05-CV-0562-P

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and among the Plaintiff, Equal Employment Opportunity Commission ("EEOC"), and the Defendant, Razzoo's, Inc. ("Razzoo's"), in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint filed on March 22, 2005 (the "Complaint"), in Civil Action No. 3:05-CV-0562-P (ECF). The Complaint in this case was based upon the Charge of Discrimination filed by Charging Party Dan Henderson against Razzoo' s. The above-referenced Complaint alleges that Razzoo's violated Section 703(a)(l) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. Section 2000e-2(a)(1), by discriminating against Dan Henderson and a class of similarly-situated aggrieved male employees by subjecting them to disparate terms and conditions of employment, termination and failure to promote to bartender positions because of their sex, male. The Complaint also alleges that Razzoo' s violated Title VIL by discriminating against a class of qualified male applicants by refusing to hire them for vacant bartender positions because of their sex, male. Razzoo' s has

CONSENT DECREE

1

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 2 of 17 PageID 1344

denied the allegations and has demonstrated that it always employed male bartenders at all of its

restaurants. The EEOC and Razzoo' s agree to compromise and settle the allegations in the
Complaint, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is understood and agreed that this Consent Decree is in compromise of disputed claims, and that this Consent Decree shall not in any way be construed as an admission by Razzoo' s that it has violated any federal law or regulation, or violated any rights of any individual.

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:

1.

This Consent Decree resolves all issues raised in EEOC Charge No. 310-2003-

0123 7. This Decree further resolves all issues in the Complaint filed by the EEOC in this case.

The EEOC waives further claims and/or litigation on all issues raised in the above-referenced

charge and Complaint. The EEOC waives further claims and/or litigation on behalf of all male

applicants for bartender and server positions, all males employed as servers, and all males

employed as bartenders for any gender discrimination claims they may have under Title VII

against Razzoo's through the period 300 days before the entry of the Consent Decree. The

EEOC does not waive processing charges other than the charge of discrimination specifically

referenced above.

2.

The parties agree that this Consent Decree does not constitute an admission by

Razzoo's that it has violated Title VII or any other state or local statute, law or regulation.

CONSENT DECREE

2

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 3 of 17 PageID 1345

3.

Razzoo's agrees that it shall conduct all employment practices at each of its

restaurants in a manner which does not subject any employee to discrimination under Title VII.

4.

Razzoo's agrees that it will not discriminate on the basis of gender with respect to

recruitment, hiring, promotion, termination, or any other employment action. Razzoo's further

agrees not to retaliate in any way against any person because of opposition to any practice

declared unlawful under Title VII or because of the filing of a charge, giving testimony, or

assisting or participating in any manner in any investigation, proceeding or hearing involving or

related to Title VII.

Scope of Consent Decree

5. The duration of this Consent Decree shall be for thirty (30) months from the date

of entry of the Consent Decree. During that time, this Court shall retain jurisdiction over this

matter and the Parties for purposes of enforcing compliance with this Consent Decree, including

such orders as may be required to effectuate its purposes. Accordingly, this Consent Decree

shall expire and shall be without force and effect thirty (30) months from the date of entry of this

Consent Decree.

General Provisions 6. Razzoo's and its officers, owners, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agree to refrain from: (i) discriminating against male employees and applicants on the basis of gender; (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to them to have the effect of discriminating against any male employee or applicant on the basis of his gender; and/or (iii) creating, facilitating or permitting the existence of a work environment that is hostile to male employees at any of its restaurants,

CONSENT DECREE

3

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 4 of 17 PageID 1346

including, but not limited to the Bedford, Mesquite, Sundance, Plano, Lewisville, Cityview,

Keystone, Arlington and Irving, Texas restaurants.

7. Razzoo's and its officers, owners, agents, management (including supervisory

employees), successors and assigns, and all those in active concert or participation with them, or

any of them, agree they will not implement, enforce or refer to an "80/20 Rule," which refers to

staffing employees according to an 80% female and 20% male ratio. Razzoo's further agrees that

it will not utilize or suggest the utilization of a quota system of any type that is based upon the

gender of the employee or applicant when making decisions regarding the hiring and promoting

employees.

8.

Razzoo's and its officers, owners, agents, management (including supervisory

employees), successors and assigns, and all those in active concert or participation with them, or

any of them, agree to train all supervisory employees to employ gender-neutral criteria when

making employment decisions relating to hiring, promotions, shift assignments, terminations,

and any other term and condition of employment with Razzoo's.

9.

Razzoo's and its officers, owners, agents, management (including supervisory

employees), successors and assigns, and all those in active concert or participation with them, or

any of them, agree to refrain from engaging in, implementing or permitting any action, policy or

practice with the purpose of retaliating against any current or former employee of Razzoo's at

any of its restaurants, including, but not limited to the Bedford, Mesquite, Sundance, Plano,

Lewisville, Cityview, Keystone, Arlington and Irving, Texas restaurants, because he or she

opposed any practice of gender discrimination made unlawful under Title VII; filed a Charge of

Discrimination alleging any such practice; testified or participated in any manner in any

investigation (including, without limitation, any internal investigation undertaken by Razzoo's),

proceeding, or hearing in connection with this case and/or relating to any claim of gender

CONSENT DECREE

4

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 5 of 17 PageID 1347

discrimination; was identified as a possible witness in this action; asserted any rights under this
Consent Decree; or sought and/or received any monetary and/or non-monetary relief in
accordance with this Consent Decree.
Non-Monetary Relief
10. Razzoo's affirms the following "Statement of Zero-Tolerance Policy and Equality
Objectives" ("Zero-Tolerance Policy"):
Razzoo's is firmly committed to developing and maintaining a zerotolerance policy concerning gender discrimination and retaliation against individuals who report discrimination and/or harassment in our workplace; to swiftly and firmly respond to any acts of genderbased discrimination and/or harassment and retaliation; to implement a disciplinary system that is designed to strongly deter future acts of gender-based discrimination or retaliation; and to actively monitor our workplace in order to promote tolerance, respect and dignity for all people.
Specific Non-Monetary Relief
11. In order to effectuate the objectives embodied in Razzoo's Statement of Zero-
Tolerance Policy and this Consent Decree, Razzoo's shall make whatever specific modifications
to its existing policies, procedures and practices in order to ensure that the following policies,
procedures and practices are implemented at each of its of restaurants, including, but not limited
to the Bedford, Mesquite, Sundance, Plano, Lewisville, Cityview, Keystone, Arlington and
Irving, Texas restaurants.
12. Razzoo's will retain the services of Smith, Frank & Partners or a similar human
resources consultant or establish an internal corporate Human Resources Department. The
human resources consultant or internal Human Resources Department will develop and
implement policies and practices relating to human resources matters, including but not limited
to equal employment opportunity rights and obligations and the matters referenced in paragraphs
11 to 17 of this Consent Decree. During the term of the Consent Decree Razzoo's agrees to

CONSENT DECREE

5

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 6 of 17 PageID 1348

commit to the expenditure or investment of no less than two hundred and twenty-five thousand dollars ($225,000.00) to carry out its obligations in this paragraph.
13. Policy Against Gender-Based Discrimination: Razzoo's agrees that it shall revise its Policies, Procedures, and General Guidelines employee manual, as necessary, in order to: (i) restate in writing its Zero-Tolerance Policy above; (ii) include strong non-retaliation language with examples to supplement the definition of retaliation, and provide for substantial and progressive discipline for incidents of gender-based discrimination and/or retaliation; (iii) provide that complaints of gender discrimination will be accepted by Razzoo' s in writing and orally; (iv) provide for a prompt and thorough investigation of gender-based discrimination complaints; and (v) indicate that, promptly upon the conclusion of its investigation of a complaint, Razzoo's will communicate to the complaining party the results of the investigation and the remedial actions taken or proposed, if any. Razzoo's further agrees to notify employees that an individual may simultaneously pursue a claim of discrimination pursuant to the terms of Razzoo's policy against gender discrimination and by filing a Charge of Discrimination with the EEOC.
14. Complaint Procedures: Razzoo's agrees that it shall: (i) revise its complaint procedure as necessary to encourage employees to come forward with complaints about violation of its policy against gender discrimination. As part of this policy, Razzoo's agrees that it shall provide its employees with convenient, confidential and reliable mechanisms for reporting incidents of gender-based discrimination. Razzoo's shall designate at least one employee employed at each of its restaurants who may be contacted, and his or her name and telephone number shall be routinely and continuously posted at the restaurant where they are employed. Also as part of its procedure, Razzoo's agrees that it will take seriously anonymous complaints of gender-based discrimination that it receives.

CONSENT DECREE

6

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 7 of 17 PageID 1349
(ii) Razzoo's agrees that it shall revise its complaint handling and disciplinary procedures as necessary to ensure that all complaints of gender-based discrimination are promptly and thoroughly investigated
(iii) Razzoo's agrees that it shall take appropriate remedial action to resolve complaints of gender-based discrimination and to avoid the occurrence of further incidents of gender-based discrimination.
15. Persons Rejected for Bartender/Server Positions: (i) Razzoo's authorizes the EEOC to review any and all employment application materials received for the bartender/server positions within two years from the effective date of this Consent Decree.
(ii) Razzoo's agrees to maintain in a central location all applications received for the position of Bartender/Server at each of its restaurants, including, but not limited to the Bedford, Mesquite, Sundance, Plano, Lewisville, Cityview, Keystone, Arlington and Irving, Texas restaurants, for the term of this Consent Decree.
16. Policies Designed to Promote Supervisor Accountability: (i) Razzoo's agrees that it shall impose substantial discipline--up to and including termination, suspension without pay or demotion--upon any supervisor or manager who engages in gender-based discrimination, or who permits any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliates against any person who complains or participates in any investigation or proceeding concerning any such conduct. Razzoo's shall communicate this policy to all of its supervisors and managers.
(ii) Razzoo's agrees that it shall continue to advise all managers and supervisors of their duty to actively monitor their work areas to ensure employees' compliance with Razzoo's gender-based discrimination policies, and to report any incidents and/or complaints of gender-

CONSENT DECREE

7

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 8 of 17 PageID 1350
based discrimination, of which they become aware to the persons charged with handling such complaints.
(iii) Razzoo's agrees that it will revise its current supervisor appraisal process to include performance evaluations for the handling of equal employment opportunity issues as an element in supervisor appraisals.
(iv) Razzoo's agrees that it shall include "commitment to equal employment opportunity" as a criterion for qualification for supervisory positions.
17. Gender-Based Discrimination Training: Razzoo's agrees to provide equal employment opportunity training specified below to its managers and employees during the term of the Consent Decree.
(i) Specifically, Razzoo's agrees to provide two hours of mandatory training to all of its management employees each year during the term of this Consent Decree. The training shall be conducted by an experienced employment law trainer and shall cover gender discrimination in the workplace and the techniques for investigating and stopping discrimination and harassment.
(ii) Razzoo's also agrees to provide two hours of mandatory training to all employees employed at the restaurant on the date of the training at each of its restaurants each year during the term of this Consent Decree. The training shall inform employees of the complaint procedure for those individuals who believe they have been harassed or who otherwise experienced discrimination by Razzoo's. Further, all training shall advise all employees of the consequences of violating Title VII and of the importance of working in an environment free of discrimination based on an employee's or applicant's gender.

CONSENT DECREE

8

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 9 of 17 PageID 1351
(iii) Razzoo's agrees that it shall require a senior management official to introduce all training on gender-based discrimination to communicate Razzoo's commitment to its ZeroTolerance Policy.
Reporting Requirements 18. For each year this Consent Decree is in effect, Razzoo's agrees to meet annually with the EEOC to review all complaints alleging gender-based discrimination, including the results of Razzoo's investigation and disciplinary response. The EEOC shall give Razzoo's at least ten business days advance notice of when it wishes to meet. 19. Within five business days prior to each scheduled annual meeting, as described in Paragraph 18 above, Razzoo's agrees to forward to the EEOC copies of all written complaints Razzoo's has received alleging gender-based discrimination and the remedial action taken by Razzoo's, if any. 20. During each of these annual meetings, Razzoo's and the EEOC will also discuss Razzoo's compliance with its Zero-Tolerance Policy and the terms ofthis Consent Decree.
Posting of Notice 21. Within two weeks after entry of this Consent Decree, Razzoo's shall post a Notice ("Attachment A") in prominent and conspicuous locations at each of its restaurants, including, but not limited to the Bedford, Mesquite, Sundance, Plano, Lewisville, Cityview, Keystone, Arlington and Irving, Texas restaurants. This notice shall inform employees that gender-based discrimination will not be tolerated and that the first violation thereof will subject the employee found to have violated Razzoo's policy against gender-based discrimination to those disciplinary consequences specified within the policy.

CONSENT DECREE

9

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 10 of 17 PageID 1352
22. The Notice shall also inform employees where to report violations of Razzoo's policies against gender-based discrimination, the name of the designated company official to whom they should report said violations, along with the address and telephone number of the Dallas District Office of the EEOC. The Notice shall remain posted for the duration of this Consent Decree. In the event that the persons and/or departments to whom individuals should make complaints alleging gender-based discrimination change during the term of the Consent Decree such that the information contained in the Notice is no longer accurate, Razzoo's shall immediately prepare and post a revised notice that contains the correct information. Razzoo's shall promptly thereafter forward a copy of the revised notice to the EEOC.
23. Razzoo's will report to the EEOC that it has complied with this requirement within fourteen days after posting the notice.
Dispute Resolution 24. In the event that either party to this Consent Decree believes that the other party has failed to comply with any provision(s) of the Consent Decree, the complaining party shall notify the alleged non-complying party in writing of such non-compliance and afford the alleged non-complying party ten business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged noncomplying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten business days, the complaining party may apply to the Court for appropriate relief. In the event that, upon the expiration date of this Consent Decree, a dispute is pending pursuant to this paragraph, then the term of this Consent Decree shall be extended, with respect to the issue in dispute only, until such time as such dispute is resolved by the parties or the Court.

CONSENT DECREE

10

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 11 of 17 PageID 1353
Monetary Relief 25. Razzoo's agrees to establish a Claim Fund in the amount of seven hundred and seventy-five thousand dollars ($775,000.00) to resolve all claims for damages in this case. Razzoo's will contribute $275,000.00 to the Claim Fund within ten days from the entry of this Consent Decree (Contribution 1). Razzoo's will contribute $250,000.00 to the Claim Fund six months after the entry of this Consent Decree (Contribution II). Razzoo's will contribute $250,000.00 to the Claim Fund twelve months after the entry of this Consent Decree (Contribution III). Within thirty days from the date of each Contribution identified above, the EEOC will inform Razzoo' s in writing of the names of the Eligible Claimants, their social security numbers, and amount of payment the EEOC has determined should be distributed from the Claim Fund to the named Eligible Claimants. Within thirty days from the date Razzoo' s receives this information from the EEOC, Razzoo's will prepare checks to the identified Eligible Claimants in the designated amounts and will mail the checks to the EEOC who will distribute the checks to the Eligible Claimants. If the EEOC is unable to deliver a check to an Eligible Claimant for any reason, the EEOC will notify Razzoo' s that the check should be cancelled and the amount of the undelivered check will be reinstated to the Claim Fund. Razzoo' s agrees to verify the balance in the Claim Fund to the EEOC within fourteen days from a request by the EEOC. The EEOC shall notify each Eligible Claimant that he is responsible for all tax liability arising out of any payment received by the Eligible Claimant from the Claim Fund and obtain his agreement that he will indemnify and hold Razzoo's harmless from any tax liability in regard to the payment. Razzoo's will provide each Eligible Claimant with an Internal Revenue Service Form 1099 for the amount of the payment made to the Eligible Claimant from the Claim Fund.

CONSENT DECREE

11

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 12 of 17 PageID 1354
26. If Razzoo's fails to tender payment or otherwise fails to timely comply with the terms of Paragraph 25, above, Razzoo's shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621 (b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the defendant.
27. Neither the EEOC nor Razzoo's shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms nor the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Consent Decree shall be construed to preclude the EEOC from enforcing this Consent Decree in the event that Razzoo's fails to perform the promises and representations contained herein. The EEOC shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court. The EEOC also reserves the right to seek contempt sanctions for non-payment and non-compliance with this Consent Decree.
Eligible Claimants shall have no independent right to enforce any of the terms of this Consent Decree and nothing in this Consent Decree is intended to confer upon any person or entity other than the EEOC and Razzoo' s the right to seek enforcement of this Consent Decree.
28. The parties to this Consent Decree agree to bear their own costs associated with the litigation of the above-referenced Complaint and the administration of this Consent Decree. Neither the EEOC nor Razzoo's shall seek reimbursement for any outstanding litigation costs.

CONSENT DECREE

12

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 13 of 17 PageID 1355
Other General Provision 29. Computation of Time Periods: In computing any period of time prescribed or allowed by this Consent Decree, unless otherwise stated, such computation shall be made consistent with the Federal Rules of Civil Procedure. The term of this Consent Decree is for 30 months from the date of entry by the Court.
30. Persons Bound by Decree: The terms of this Consent Decree are and shall be binding upon the EEOC, all Eligible Claimants, and Razzoo's, including all of its present and future representatives, agents, directors and officers.
31. Notices: Except as otherwise provided for in this Consent Decree, all notification, reports and communications to the parties required under this Consent Decree shall be made in writing and shall be sufficient if hand-delivered or sent by first-class mail to the following persons:
For EEOC: Robert A. Canino, Regional Attorney 207 South Houston Street, Dallas, Texas 75202 Suzanne M. Anderson, Supervisory Trial Attorney 207 South Houston Street, Dallas, Texas 75202
For Razzoo's: Robert E. Luxen Molly B. Cowan HALLETT & PERRIN, P.C. 2001 Bryan Street, Suite 3900 Dallas, Texas 75201
32. Construction: The terms of this Consent Decree are the product of joint negotiations and shall not be construed as having been authored by one party rather than another.
33. Integration: This Consent Decree constitutes the entire agreement between the EEOC and Razzoo's hereto with respect to the matters herein and it supersedes all negotiations, representations, comments, contracts and writings prior to the date of this Decree.

CONSENT DECREE

13

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 14 of 17 PageID 1356
.~·"' ...- SO ORDERED, ADJUDGED AND DECREED this - - day of ....:...fV1.:___:_:_o......,-=----t==----
2008.

CONSENT DECREE

14

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 15 of 17 PageID 1357
APPROVED AS TO FORM AND SUBSTANCE:
Counsel for the Plaintiff, EQUAL EMPLOYMENT
~;;;;;o?J~
ROBERT A. CAN 0 Regional Attorney Ok!~n;a State Bar No. 011782
~~~
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 South Houston Street Dallas, Texas 75202 (214) 253-2746; Fax No.: (214) 253-2749
Counsel for Defendant RAZZOO'S, INC.
Robert E. Luxen Texas Bar No. 12711500 Molly B. Cowan Texas Bar No. 24025312
HALLET & PERRIN, P.C. 2001 Bryan Street, Suite 3900 Dallas, Texas 75201 (214) 953-0053; Fax No. (214) 922-4143

CONSENT DECREE

15

. ,

-

---------~----

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 16 of 17 PageID 1358

NOTICE

This notice is being posted pursuant to a Consent Decree entered into between Razzoo's, Inc. and the Equal Employment Opportunity Commission, based upon a charge alleging gender discrimination under Title VII of the Civil Rights Act of 1964, as amended.

Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age or disability with respect to hiring, firing, compensation or other terms and conditions of employment.

Razzoo's affirms the following "Statement of Zero-Tolerance Policy and Equality Objectives" ("Zero-Tolerance Policy"):

Razzoo's is firmly committed to developing and maintaining a zerotolerance policy concerning gender discrimination and retaliation against individuals who report discrimination and/or harassment in our workplace; to swiftly and firmly respond to any acts of genderbased discrimination and/or harassment and retaliation; to implement a disciplinary system that is designed to strongly deter future acts of gender-based discrimination or retaliation; and to actively monitor our workplace in order to promote tolerance, respect and dignity for all people.
Discrimination because of gender is prohibited by Title VII of the Civil Rights Act of 1964, as amended. This federal law prohibits an employer from discriminating against any employee as to the terms and conditions of employment because of an employee's gender. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination because of sex by employers, labor organizations and employment agencies.

The law also prohibits an employer from retaliating against employees who oppose what they believe to be unlawful employment practices. This Notice is intended to inform employees of their rights under federal law and to prevent future acts of employment discrimination.

The employee has the right, and is encouraged to exercise the right, to report allegations of

discrimination, including age discrimination and retaliation in the workplace. An employee may

do so by notifying

Employees may also

report allegations of discrimination to any supervisor or manager with Razzoo's.

Any report of such an allegation will be thoroughly investigated, with appropriate disciplinary action taken against any person(s) found to have engaged in discriminatory conduct.

A person either alternatively, or in addition to reporting such an allegation to company officials, may contact the Equal Employment Opportunity Commission for the purposes of filing a Charge of employment discrimination. The address and telephone number of the local EEOC office is 207 South Houston Street, Third Floor, Dallas, Texas 75202. The telephone number is (214)

NOTICE

1

Case 3:05-cv-00562-P Document 84 Filed 05/06/08 Page 17 of 17 PageID 1359
253-2721. Information about your rights and how to file a Charge is also available on the Internet at www.eeoc.gov.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF THIRTY (30) MONTHS.

Date

MICHAEL LEATHERWOOD

NOTICE

2

 
 Case: 3:05-cv-562 As of: 06/08/2017 04:06 PM CDT 1 of 8
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:05−cv−00562−P

CLOSED,JURY

Equal Employment Opportunity Commission v. Razzoo's. L.P. Assigned to: Judge Jorge A Solis Cause: 42:1983 Civil Rights (Employment Discrimination)
Plaintiff

Date Filed: 03/22/2005 Date Terminated: 04/29/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Employment Jurisdiction: Federal Question

Equal Employment Opportunity Commission

represented by Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253−2740 Fax: 214/253−2749 FAX Email: suzanne.anderson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Joel Philip Clark EEOC 207 S Houston St 3rd Floor Dallas, TX 75202 214/253−2743 Fax: 214/253−2749 Email: joel.clark@eeoc.gov ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Robert A Canino , Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston St 3rd Floor Dallas, TX 75202 214/253−2750 Fax: 214/253−2749 Email: robert.canino@eeoc.gov ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253−2746 Fax: 214/253−2749 FAX Email: Ronetta.Francis@eeoc.gov TERMINATED: 09/18/2007 Bar Status: Admitted/In Good Standing

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William C Backhaus Equal Employment Opportunity Commission 207 S Houston 3rd Floor Dallas, TX 75202 214/253−2742 Fax: 214/253−2749 FAX Email: william.backhaus@eeoc.gov ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

V. Defendant Razzoo's. L.P.

represented by Robert E Luxen Hallett & Perrin 1445 Ross Avenue Suite 2400 Dallas, TX 75202 214/922−4138 Fax: 214/922−4142 FAX Email: rluxen@hallettperrin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Molly B Cowan Hallett & Perrin PC 1445 Ross Avenue Suite 2400 Dallas, TX 75202 214/953−0053 Fax: 214/922−4142 Email: mcowan@hallettperrin.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Date Filed 03/22/2005 03/22/2005 03/22/2005 03/22/2005 03/22/2005 05/04/2005 05/04/2005 05/11/2005

# Docket Text
1 COMPLAINT against Razzoo's. L.P. , filed by Equal Employment Opportunity Commission.(mfw, ) (Entered: 03/22/2005)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (mfw, ) (Entered: 03/22/2005)
***Magistrate Judge Irma Ramirez chosen by random selection to handle matters that may be referred in this case. (mfw, ) (Entered: 03/22/2005)
2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (mfw, ) (Entered: 03/22/2005)
3 Summons Issued as to Razzoo's. L.P.. (mfw, ) (Entered: 03/22/2005)
4 ANSWER to Complaint with Jury Demand by Razzoo's. L.P.(lmr, ) (Entered: 05/05/2005)
5 CERTIFICATE OF INTERESTED PERSONS by Razzoo's. L.P. (lmr, ) (Entered: 05/05/2005)
6 Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order. Proposed Scheduling Order due by 6/14/2005.(see order for specifics) (Signed by Judge Jorge A Solis on 05/11/05) (lmr, ) (Entered: 05/16/2005)

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06/14/2005 06/16/2005
12/02/2005 03/09/2006 03/10/2006 03/27/2006
03/27/2006
06/16/2006 08/15/2006 08/15/2006 08/15/2006 08/30/2006 08/31/2006 09/01/2006 09/19/2006

7 Joint Proposal for contents of scheduling and discovery order by Equal Employment Opportunity Commission, Razzoo's. L.P. (lmr, ) (Entered: 06/16/2005)
8 SCHEDULING ORDER: Amended Pleadings due by 11/1/2005. Discovery due by 5/1/2006. Pretrial Conference set for 8/18/2006 09:00 AM before Judge Jorge A Solis. Joinder of Parties due by 12/1/2005. Jury Trial set for 9/5/2006 09:00 AM before Judge Jorge A Solis. Proposed Pretrial Order due by 8/11/2006. Pretrial Materials due by 8/28/2006.(see order for specifics) (Signed by Judge Jorge A Solis on 06/16/05) (lmr, ) (Entered: 06/17/2005)
9 STANDING ORDER DESIGNATING CASE FOR ENROLLMENT IN THE ELECTRONIC CASE FILES "ECF" SYSTEM. (Signed by Judge Jorge A Solis on 12/2/2005) (mfw, ) (Entered: 12/02/2005)
10 MOTION to Extend Time of Court's Scheudling Order by Equal Employment Opportunity Commission (Attachments: # 1 Text of Proposed Order)(Francis, Ronetta) (Entered: 03/09/2006)
11 Unopposed MOTION to Extend Time of Court's Scheduling Order (Amended) by Equal Employment Opportunity Commission (Francis, Ronetta) (Entered: 03/10/2006)
12 ORDER Granting 11 Unopposed MOTION to Extend Time of Court's Scheduling Order. Discovery due by 9/5/2006. Docket Call set for 1/8/2007 before Judge Jorge A Solis. Dispositive Motions due by 10/2/2006. Proposed Pretrial Order due by 12/11/2006.(see order for specifics) (Signed by Judge Jorge A Solis on 03/27/06) (lmr, ) (Entered: 03/27/2006)
13 AMENDED SCHEDULING ORDER: Discovery due by 9/5/2006. Pretrial Conference set for 12/13/2006 09:30 AM before Judge Jorge A Solis. Jury Trial set for 1/8/2007 09:00 AM before Judge Jorge A Solis. Motions due by 10/2/2006. Proposed Pretrial Order due by 12/11/2006. Pretrial Materials due by 1/2/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 03/27/06) (lmr, ) (Entered: 03/28/2006)
14 Designation of Experts by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Resume of Expert Sisolak# 2 Appendix Summary of Expert Testimony)(Francis, Ronetta) (Entered: 06/16/2006)
15 MOTION to Compel DISCOVERY AND INCORPORATED BRIEF by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Francis, Ronetta) (Entered: 08/15/2006)
16 ADDITIONAL ATTACHMENTS to 15 MOTION to Compel DISCOVERY AND INCORPORATED BRIEF by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Francis, Ronetta) (Entered: 08/15/2006)
17 ADDITIONAL ATTACHMENTS to 15 MOTION to Compel DISCOVERY AND INCORPORATED BRIEF by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Francis, Ronetta) (Entered: 08/15/2006)
18 ORDER REFERRING MOTION to Judge Ramirez: 15 Motion to Compel, filed by Equal Employment Opportunity Commission, (Signed by Judge Jorge A Solis on 8/30/06) (jrb, ) (Entered: 08/31/2006)
20 ORDER re: Plaintiff Equal Employment Opportunity Commission's Motion to Compel. The parties are hereby ORDERED to meet face−to−face to fully confer on each of the items in dispute. See order for specifics. (Signed by Judge Irma C Ramirez on 8/31/06) (jrb, ) Modified on 9/1/2006 (jrb, ). (Entered: 09/01/2006)
19 Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge − see order for specifics. (Signed by Judge Irma C Ramirez on 9/1/06) (jrb, ) (Entered: 09/01/2006)
21 STATUS REPORT (Joint) Regarding Settlement Negotiations by Razzoo's. L.P.. (Parsons, Molly) (Entered: 09/19/2006)

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09/20/2006 09/25/2006 10/11/2006
10/11/2006 10/23/2006 10/24/2006 11/01/2006 11/27/2006 12/05/2006
04/20/2007
06/07/2007 08/06/2007 08/13/2007 08/15/2007 08/29/2007
08/31/2007

22 Joint Submission of Remaining Issues in Plaintiff's Motion to Compel by Equal Employment Opportunity Commission, Razzoo's. L.P.. (Attachments: # 1 Exhibit 1)(Francis, Ronetta) Modified on 9/21/2006 (jrb, ). (Entered: 09/20/2006)
23 ORDER: Set/Reset Deadlines as to 15 Motion to Compel. Motion Hearing set for 10/11/2006 09:00 AM before Magistrate Judge Irma C Ramirez. (Signed by Judge Irma C Ramirez on 9/25/06) (jrb, ) (Entered: 09/26/2006)
Minute Entry for proceedings held before Judge Irma C Ramirez : Motion Hearing held on 10/11/06 re 15 Motion to Compel, filed by Equal Employment Opportunity Commission. Attorney Appearances: Plaintiff − Ronetta Francis, Suzanne Anderson; Defense − Robert Luxen. (Tape #338−339ICR) Time in Court: 50 minutes. NO PDF ATTACHED − THIS IS A VIRTUAL MINUTE ENTRY. (lmm) (Entered: 10/11/2006)
24 ORDER granting in part and denying in part 15 Motion to Compel. See order for other specifics. (Signed by Judge Irma C Ramirez on 10/11/06) (jrb, ) (Entered: 10/11/2006)
25 Joint MOTION to Extend Time by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A# 2 Exhibit B)(Francis, Ronetta) (Entered: 10/23/2006)
26 ORDER granting 25 Motion to Extend Time. IT IS, THEREFORE, ORDERED that the deadline for filing an Agreed Protective Order will be extended until Friday, October 27, 2006. (Signed by Judge Irma C Ramirez on 10/23/06) (jrb, ) Modified on 10/26/2006 (jrb, ). (Entered: 10/25/2006)
27 Agreed PROTECTIVE ORDER. See order for specifics. (Signed by Judge Irma C Ramirez on 11/1/06) (jrb, ) (Entered: 11/02/2006)
28 Joint MOTION to Extend Time by Equal Employment Opportunity Commission (Francis, Ronetta) (Entered: 11/27/2006)
29 Order granting 28 Joint MOTION to Extend Time filed by Equal Employment Opportunity Commission. Pretrial Conference set for 4/20/2007 10:00 AM before Judge Jorge A Solis., Jury Trial set for 5/14/2007 09:00 AM before Judge Jorge A Solis.,Proposed Pretrial Order due by 4/20/2007. See order for other specifics. (Signed by Judge Jorge A Solis on 12/5/06) (jrb, ) (Entered: 12/06/2006)
30 Minute Entry for proceedings held before Judge Jorge A Solis : Pretrial Conference held on 4/20/07. Attorney Appearances: Plaintiff − Ronetta Francis, Suzanne Anderson, Bill Backhaus; Defense − Bob Luxen, Molly Cowan, Lance Hardenburg. (Court Reporter Shawn McRoberts.) Time in Court: 30 minutes. (jrb) (Entered: 04/20/2007)
31 NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission. Party William C. Backhaus added. (Backhaus, William) (Entered: 06/07/2007)
32 SECOND AMENDED SCHEDULING ORDER: Pretrial Conference set for 9/7/2007 09:00 AM before Judge Jorge A Solis. Jury Trial set for 9/24/2007 09:00 AM before Judge Jorge A Solis. Proposed Pretrial Order due by 8/31/2007. (see order for specifics) (Signed by Judge Jorge A Solis on 08/06/2007) (axm) (Entered: 08/06/2007)
33 Unopposed MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission (Francis, Ronetta) (Entered: 08/13/2007)
34 Proposed Voir Dire by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 08/15/2007)
35 MOTION to Quash Notice of Intention to Take Depositions on Written Questions and Subpoenas Duces Tecum and Request for Expedited Consideration by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Attachments: # 1 Exhibit Notice of Intention to Take Deposition on Written Questions −− Attachment A# 2 Exhibit EEOC's Responses and Objections to Written Interrogatories −− Attachment B) (Anderson, Suzanne) (Entered: 08/29/2007)
36 TRIAL BRIEF by Razzoo's. L.P.. (Attachments: # 1 Exhibit) (Luxen, Robert) (Entered: 08/31/2007)

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08/31/2007 08/31/2007
08/31/2007 09/05/2007
09/05/2007
09/06/2007 09/07/2007
09/07/2007 09/12/2007 09/12/2007 09/12/2007 09/12/2007 09/12/2007
09/12/2007 09/12/2007 09/13/2007
09/14/2007

37 TRIAL BRIEF by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 08/31/2007)
38 **PROPOSED** JOINT PRETRIAL ORDER by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's Witnes List −− Att. A# 2 Exhibit Defendant's Witness List −− Att. B# 3 Exhibit Plaintiff's Jury Instructions −− Att. C# 4 Exhibit Defendant's Jury Instructions −− Att. D# 5 Exhibit Jury Panel Questionnaire −− Att. E) (Anderson, Suzanne) Modified on 9/4/2007 (lmp). (Entered: 08/31/2007)
39 ORDER REFERRING MOTION to Judge Judge Ramirez: 35 Motion to Quash filed by Equal Employment Opportunity Commission. (Signed by Judge Irma C Ramirez on 8/31/07) (skt) (Entered: 09/04/2007)
40 TRANSCRIPT of Pretrial Conference Proceedings held on 04/20/07 before Judge Jorge A. Solis. Court Reporter Name/Phone Number: Shawn McRoberts / 214−753−2349. District Clerk Phone Number: 214−753−2200. ***The Official Record of the transcript is on file with the clerk's office. Contact either the clerk's office or the court reporter at phone numbers listed above to obtain a copy of the Official Record.*** (lmp) (Entered: 09/05/2007)
41 ORDER. Set/Reset Deadlines as to 35 Plaintiff's Motion to Quash Defendant's Notice of Intention to Take Deposition by Written Questions and Subpoena Duces Tecum, Brief in Support Thereof and Request for Expedited Consideration. Responses due by 9/14/2007. Motion Hearing set for 9/18/2007 09:00 AM before Magistrate Judge Irma C Ramirez. (Signed by Judge Irma C Ramirez on 9/5/07) (jrb) (Entered: 09/06/2007)
42 Designation of Deposition by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 09/06/2007)
43 Minute Entry for proceedings held before Judge Jorge A Solis : Pretrial Conference held on 09/07/07. Attorney Appearances: Plaintiff − Robert Canino, Suzanne Anderson, William Backhaus; Defense − Robert Luxen, Molly Cowan, Lance Hardenburg. (Court Reporter Shawn McRoberts.) Time in Court: 45 min. (lmp) (Entered: 09/10/2007)
44 JOINT PRETRIAL ORDER.(see order for specifics) (Signed by Judge Jorge A Solis on 09/07/07) (lmp) (Entered: 09/10/2007)
45 MOTION To Bifurcate Trial by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 09/12/2007)
46 Exhibit List by Razzoo's. L.P.. (Luxen, Robert) (Entered: 09/12/2007)
47 Designation of Deposition by Razzoo's. L.P.. (Luxen, Robert) (Entered: 09/12/2007)
48 Exhibit List by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 09/12/2007)
49 PRETRIAL BRIEF RESPONSE TO DEFENDANT'S OBJECTION TO PRESENTATION AND PROOF ON CLASS CLAIMS by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Discovery Correspondence# 2 Exhibit Class Info Slides# 3 Exhibit Expert Witness Report) (Anderson, Suzanne) Modified on 9/13/2007 (svc). (Entered: 09/12/2007)
50 AMENDED CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 45 MOTION To Bifurcate Trial (Anderson, Suzanne) Modified on 9/13/2007 (svc). (Entered: 09/12/2007)
51 Brief/Memorandum in Support filed by Equal Employment Opportunity Commission re 45 MOTION To Bifurcate Trial (Anderson, Suzanne) (Entered: 09/12/2007)
52 NOTICE to Withdraw 35 MOTION to Quash Notice of Intention to Take Depositions on Written Questions and Subpoenas Duces Tecum and Request for Expedited Consideration by Razzoo's. L.P. (Cowan, Molly) Modified on 9/14/2007 (svc). (Entered: 09/13/2007)
53 ORDER denying as moot 35 Plaintiff's Motion to Quash Defendant's Notice of Intention to Take Deposition by Written Questions and Subpoena Duces Tecum, Brief in Support Thereof and Request for Expedited Consideration. (Signed by Judge Irma C

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09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/17/2007 09/18/2007 09/20/2007
09/25/2007
12/18/2007 12/21/2007 12/31/2007 01/07/2008

Ramirez on 9/14/2007) (tln) (Entered: 09/14/2007)
54 TRIAL BRIEF regarding the Scope of the EEOC's Class Damage Claim by Razzoo's. L.P.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (Luxen, Robert) (Entered: 09/17/2007)
55 OBJECTION filed by Equal Employment Opportunity Commission re 46 Exhibit List (Anderson, Suzanne) (Entered: 09/17/2007)
56 Proposed Voir Dire by Razzoo's. L.P.. (Luxen, Robert) (Entered: 09/17/2007)
57 MOTION in Limine by Razzoo's. L.P. with Brief/Memorandum in Support. (Luxen, Robert) (Entered: 09/17/2007)
58 OBJECTION filed by Razzoo's. L.P. re 48 Exhibit List, 38 Proposed Pretrial Order, (Luxen, Robert) (Entered: 09/17/2007)
59 OBJECTION filed by Razzoo's. L.P. re 38 Proposed Pretrial Order, Objecting to Plaintiff's Proposed Annotated Jury Instructions and Interrogatories (Luxen, Robert) (Entered: 09/17/2007)
60 OBJECTION filed by Equal Employment Opportunity Commission re 38 Proposed Pretrial Order, Objection to Defendant's Proposed Jury Charge (Anderson, Suzanne) (Entered: 09/17/2007)
61 OBJECTION filed by Equal Employment Opportunity Commission re 47 Designation of Deposition (Anderson, Suzanne) (Entered: 09/17/2007)
62 MOTION in Limine by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 09/17/2007)
63 OBJECTION filed by Equal Employment Opportunity Commission re 38 Proposed Pretrial Order, Objection to Defendant's Witness List (Anderson, Suzanne) (Entered: 09/17/2007)
64 ORDER granting 33 Motion to Withdraw as Attorney. Attorney Ronetta J Francis terminated. (Signed by Judge Jorge A Solis on 9/18/07) (jrb) (Entered: 09/18/2007)
65 ORDER: Now before the Court is Defendant Razzoo's, L.P.'s objection to the class size in this case ("Objection"), made at the Pretrial Conference held on September 7, 2007. After reviewing both briefs, the evidence, and the applicable law, the Court OVERRULES Defendant's Objection but limits the class size in this case to ninety (90) class members as stipulated by the EEOC. In addition, the Court GRANTS Defendant's request for a continuance. (see order for specifics) (Signed by Judge Jorge A Solis on 09/20/07) (lmp) Modified on 9/21/2007 (klm). (Entered: 09/21/2007)
66 THIRD AMENDED SCHEDULING ORDER: Discovery due by 3/21/2008. Pretrial Conference set for 5/2/2008 10:00 AM before Judge Jorge A Solis. Jury Trial set for 5/19/2008 09:00 AM before Judge Jorge A Solis. Proposed Pretrial Order due by 4/25/2008. (Signed by Judge Jorge A Solis on 09/25/2007) (axm) (Entered: 09/25/2007)
67 MOTION to Compel and/or Limit the Class and Brief In Support by Razzoo's. L.P. (Attachments: # 1 Appendix to Exhibits# 2 Exhibit A−H# 3 Exhibit I − 63−150# 4 Exhibit I (151−230)) (Luxen, Robert) (Entered: 12/18/2007)
68 ORDER REFERRING MOTION to Judge Ramirez: 67 Motion to Compel filed by Razzoo's L.P. Motions referred to Irma C Ramirez. (Signed by Judge Jorge A Solis on 12/21/2007) (tln) (Entered: 12/26/2007)
69 ORDER: The parties are hereby ORDERED to meet face−to−face to fully confer on each of the items in dispute as follows. (see order for specifics) (Signed by Judge Irma C Ramirez on 12/31/07) (klm) (Entered: 01/02/2008)
70 Unopposed MOTION to Extend Time to Comply with Magistrate's Order to Meet Face−to−face by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 01/07/2008)

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01/07/2008
01/22/2008 01/23/2008 01/24/2008 01/25/2008 02/07/2008
02/07/2008
02/22/2008 02/25/2008 02/26/2008 03/10/2008 03/12/2008
03/12/2008

71 ORDER granting 70 Unopposed Motion for Extension of Time to Comply with the Magistrate's Order to Meet Face−to−Face. IT IS, THEREFORE, ORDERED that counsel for the EEOC and Defendant will meet and confer on the issues as stated in the Court's Order of December 31, 2007, on or before January 22, 2008. The parties will file a Joint Submission pursuant to the Order no later than 5:00 p.m. on Tuesday, January 22, 2008. (Signed by Judge Irma C Ramirez on 1/7/2008) (axm) (Entered: 01/07/2008)
72 Joint Submission of Remaining Issues in Defendant's Motion to Compel and/or Limit the Class/RESPONSE filed by Equal Employment Opportunity Commission, Razzoo's. L.P. re 71 Order on Motion to Extend Time. (Luxen, Robert) Modified on 1/23/2008 (jrb). (Entered: 01/22/2008)
73 ORDER as to 67 Motion to Compel. Motion Hearing set for 1/31/2008 10:00 AM before Magistrate Judge Irma C Ramirez. (Signed by Magistrate Judge Irma C Ramirez on 1/23/08) (tln) (Entered: 01/23/2008)
74 Letter/MOTION requesting change of hearing date by Equal Employment Opportunity Commission re 73 Order (Anderson, Suzanne) Modified on 1/25/2008 (skt). (Entered: 01/24/2008)
75 ORDER: Set Deadlines as to 67 Motion to Compel and/or Limit the Class and Brief In Support. Motion Hearing set for 2/7/2008 10:00 AM before Magistrate Judge Irma C Ramirez. (see order for specifics) (Signed by Magistrate Judge Irma C Ramirez on 01/25/08) (lmp) (Entered: 01/28/2008)
Minute Entry for proceedings held before Magistrate Judge Irma C Ramirez: Motion Hearing held on 2/7/08 re 67 Motion to Compel filed by Razzoo's. L.P. Attorney Appearances: Plaintiff − Suzanne Anderson, Bill Backhaus; Defense − Robert Luxen, Molly Cowan. (FTR Digital) Time in Court: 1 hour 30 minutes. NO PDF ATTACHED − THIS IS A VIRTUAL MINUTE ENTRY. (lmm) (Entered: 02/07/2008)
76 ORDER granting in part and denying in part 67 Motion to Compel and/or Limit the Class and Brief in Support Thereof. The motion for sanctions, (see Section III of the Joint Submission), is hereby DENIED. Plaintiff shall provide its supplemental responses to Defendant's counsel no later than 5:00 p.m. on February 27, 2008, unless otherwise agreed by the parties or ordered by the Court. (see order for specifics) (Signed by Magistrate Judge Irma C Ramirez on 02/07/08) (lmp) (Entered: 02/08/2008)
77 MOTION for Additional Interrogatories by Razzoo's. L.P. with Brief/Memorandum in Support. (Luxen, Robert) (Entered: 02/22/2008)
78 ORDER REFERRING MOTION to Judge Ramirez: 77 Motion for Additional Interrogatories filed by Razzoo's. L.P. Motions referred to Irma C Ramirez. (Signed by Judge Jorge A Solis on 2/25/08) (klm) (Entered: 02/26/2008)
79 ORDER: Set Deadlines as to 77 MOTION for Additional Interrogatories. Response and Brief due by 3/10/2008. Movant may not file a reply. Motion Hearing set for 3/12/2008 09:00 AM before Magistrate Judge Irma C Ramirez. (See Order for specifics) (Signed by Magistrate Judge Irma C Ramirez on 2/26/08) (skt) (Entered: 02/27/2008)
80 RESPONSE in Opposition filed by Equal Employment Opportunity Commission re 77 MOTION for Additional Interrogatories and Brief in Support thereof (Anderson, Suzanne) (Entered: 03/10/2008)
Minute Entry for proceedings held before Magistrate Judge Irma C Ramirez: Motion Hearing held on 3/12/08 re 77 Motion for Miscellaneous Relief filed by Razzoo's. L.P.. Defendant's motion is denied. Order to follow. Attorney Appearances: Plaintiff − Suzanne Anderson; Defense − Molly Cowan. (FTR Digital) Time in Court: 20 minutes. NO PDF ATTACHED − THIS IS A VIRTUAL MINUTE ENTRY. (lmm) (Entered: 03/12/2008)
81 ORDER denying 77 Motion for Additional Interrogatories. (Signed by Magistrate Judge Irma C Ramirez on 3/12/2008) (axm) (Entered: 03/12/2008)

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03/20/2008 04/29/2008
05/06/2008 11/03/2016

82 NOTICE of Attorney Appearance by Joel Philip Clark on behalf of Equal Employment Opportunity Commission. (Clark, Joel) (Entered: 03/20/2008)
83 30−Day Order of Dismissal. It is Ordered that all claims by all parties in this action are Dismissed Without Prejudice subject to the parties' right to reopen within (30) days if the settlement is not consummated. (see order for specifics) (Signed by Judge Jorge A Solis on 04/29/08) (lmp) (Entered: 04/30/2008)
84 Consent Decree: (see order for specifics) (Signed by Judge Jorge A Solis on 05/06/08) (lmp) (Entered: 05/07/2008)
85 NOTE: The documents attached were originally available in paper format only and are now attached here for electronic viewing in the clerk's office. Content includes items referenced in docket entries as −in paper− or −too large− etc. They were scanned in chronological order but are not separated with individual hyperlinks. The viewer is advised to scroll through content in order to locate requested material. (ali) (Entered: 11/03/2016)