IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

RESTAURANT CONCEPTS II, LLC, d/b/a

APPLEBEE’S NEIGHBORHOOD

)

GRILL AND BAR

Defendant.

)

)

)

)

)

CIV.

)

)

)

COMPLAINT

JURY TRIAL DEMAND

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)

)

)

NATURE OF THE ACTION

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

of 1991, 42 U.S.C. § 1981 against Restaurant Concepts II, LLC, d/b/a Applebee’s Neighborhood Grill

and Bar (“Applebee’s”) to correct unlawful employment practices on the bases of sexual harassment and

retaliation and to provide appropriate relief to a class of females who were adversely affected by such

practices. The Commission alleges that Kimberly Beaty and a class of similarly situated females were

subjected to sexual harassment by a coworker at Applebee’s. The Commission further alleges that after

Ms. Beaty reported the harassment to Applebee’s management officials, she was terminated from

employment in retaliation for making the complaints.

JURISDICTION AND VENUE 1. Jurisdictionof this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(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 committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the EqualEmployment OpportunityCommission(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)(1) and (3). 4. Defendant Restaurant Concepts II, LLC, d/b/a Applebee’s Neighborhood Grill and Bar (the “Employer”), a Georgia corporation, has continuously been doing business in the state of New Mexico and the city of Santa Fe and has at all relevant times had at least fifteen employees. 5. At all relevant times, Defendant Applebee’s has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
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6. More than thirty days prior to the institution of this lawsuit, Kimberly Beaty (the (“charging party”) filed a charge of discrimination with the Commission alleging that Applebee’s violated Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Charging Party Kimberly Beaty was employed at Applebee’s in Santa Fe, New Mexico as a Bartender from approximately February 2001 until approximately March 31, 2003.
8. Since approximately June 2002, Defendant Applebee’s has engaged in unlawful employment practices at its Santa Fe, New Mexico restaurant in violation of Section 703 (a) of Title VII, 42 U.S.C. § 2000e-2(a), including subjecting Kimberly Beaty and a class of female employees to a hostile work environment due to sexual harassment.
9. The sexual harassment to which Defendant Applebee’s subjected Kimberly Beaty and a class of female employees includes, but is not limited to:
A) Unwelcome and inappropriate physical contact; and B) Unwelcome and inappropriate remarks of a sexual nature. 10. Since at least March 2003, Defendant Applebee’s has engaged in unlawful retaliatory conduct practices in violation of Section 704(a) and Title VII, 42 U.S.C. § 2000e-3(a) when it terminated Kimberly Beaty after she reported unlawful sexual harassment by another Bartender to management officials. 11. The effect of the practices complained of in paragraphs 8 through 10 above has been to deprive Kimberly Beaty and a class of similarly situated females of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female, and because Kimberly
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Beaty complained about the sexual harassment . 12. The unlawful employment practices complained of inparagraphs 8 through 10 above were
intentional.
13. The unlawful employment practices complained of inparagraphs 8 through 10 above were done with malice or with reckless indifference to the federally protected rights of Kimberly Beaty and a class of female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Applebee’s, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination on the bases of sex or retaliation. B. Order Defendant Applebee’s to institute and carry out policies, practices, and programs which provide equal employment opportunities for females and anyone who complains about sexual harassment, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Applebee’s to make whole Kimberly Beaty by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Applebee’s to make whole Kimberly Beaty and a class of similarly situated females by providing compensation for past and future pecuniary losses resulting from the unlawful
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employment practices described above in amounts to be determined at trial. E. Order Defendant Applebee’s to make whole Kimberly Beaty and a class of similarly
situated females by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices described in paragraphs 8-10 above, including emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Applebee’s to pay Kimberly Beaty and a class of similarly situated females punitive damages for its malicious and/or reckless conduct described in paragraphs 8-10 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 DEMAND The Commission requests a trial by jury on all questions of fact raised by its complaint. DATED this 23rd day of June 2004.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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1801 L Street, NW Washington, D.C. 20507
Filed Electronically MARY JO O’NEILL Regional Attorney
Filed Electronically C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012
Filed Electronically VERONICA A. MOLINA Trial Attorney
Filed Electronically LORETTA MEDINA Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5231
Attorneys for Plaintiff
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 1:-.1 TilE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

I:ltED
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EQUAL EMPIDYMENT OPPORTUNITY

OCT 262005

COMMISSION.

MATTl-iF.·" -,

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AN'

Plaintif(

CIV 04-7tN .lJI!DJS

CUcr:;.1<

v.

RESTAURANT COr-.;CEPTS II. LLC, dib/a APPLEBEE'S 1'\EIGHBORHOOD GRILL A'\'f) BAR,

CO:-.lSENT DECREE

Dcli:nJant.

) )
-------)

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") fikd this action against Restaurant Concepts II. LLC, ,\!l);'U Applebee';; Neighborhood Grill and Bar ("Restaurant Conccpts" or "defendant") to entorce Title Y II of the Civil Rights Act of 1964. as amended. 42 L:.S,C. ~ 2000e et seq. ("Title YJI") and the Civil Rights Aet of 1991,42 U.S.c. ~ I <)8 Ia. In thc complaint. the Commission alleged that Kimherly Beaty and other women \\we suhjected to sexual harassment by defendant in violation ofTitle VII. The Commission also alleged that ,Jerendant retaliated against Kimberly Beaty by terminating her employment because she complained ahout the sexual harassment. Restaurant Concepts denies these allegations.
The parties do not ohject to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of tact and conclusions of law. This decree docs not constitute an admission of liahility by the defendant, nor an adjudication on the merits or the allegations of the complaint.

It is herehy ORDERED. ADJUDGED A:'-JD DECREED:

I.

This decrec rcsolves all claims of the Commission against Defendant. its cmployees.

agents. directors. officers. prcdccessors. successors. assigns. attorneys. parent corporations.

subsidiaries. franchisors. licensors. licensees. and insurers. including claims for back pay.

compensatory and punitive damages. interest. injuncth-e relief. attorney's fees and costs arising out of

the issues in this lawsuit identitied in the Complaint. up through and including Dct'emher 31.2004.

which includes. but is not limited to, the Commission's assertion in thc Complaint that defendant's

fi:male employees at its Santa Fc. :'-Jew Mexico restaurant as a class were suhjectcd to the unlawful

cmplo)1nent practices of sexual harassment and retaliatory conduct practices. :'-Jothing in this

paragraph or Consent Decree is intended to resolve orwaive claims which were not encompasscd hy

the Complaint.

I!'lJUNCTlO:-.l

2.

Defendant. its managers. agents, offiecrs. employees. successors and assigns and all

persons in active concert or participation with it. arc enjoined for thc duration of the decree li'om

discriminating against any employee because of his or her sex. including sexual harassment. In

addition. defendant. its managers. agcnts. officers. employees. successors anu assigns and all perSL1ns

in active concert or participation with it, are cnjoined from retaliating against any employee who: (a)

opposes practices made unlawful by Title VII or a state equal employment opportunity statute: (b)

makes a charge of discrimination or assists or participatcs in an investigation or proceeding undcr

Title VII or a state cqual employment opportunity statute: or (c) files an internal complaint of

discrimination. This injunction will remain in effect for thc duration of the decree at any facility.

nationwide. opcrated by defendant.

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RELIEF TO CHARGING PARTY AND CLASS ME\'18ERS 3. In accordance \\'"ith this dccree. defendant shall pay the tolal amounl of three hundred and len thousand dollars and zero cenls ($3 10.000.(0) in ha,k pay and compensatory damages to be distributed to Ms. Bealy and the class memhers. Amanda Gordon. Dina Solis. Jessica M. Lacy. Jessica Pickel. Nidia Batista. and Sinde Kueena. in amounts determined hy Ihe Commission. \Vithin live (5) days oflhe entry of the decree. Ihe Commission will submit to defendant the names of the aggrievcd individuals with corresponding amounts to he paid to cacho Delendant will be responsible for reporting to thc Internal Rcvenue Scrvicc thc amounts paid and will he responsible for paying the cmployer's share of FUTA and FICA on any amounts designated as lost wages. Defendant or its insurer will issue a United States Internal Revenue Service FOl1n 1099 to Ms. Beaty and the class members for any amounts designatcd as compensatory damages. 4. Within fourteen (14) days of enlry of the decree. defendant shall separately mail checks in the amounts designated by the EEOC. via certified mail. to Ms. Beaty and the class memhers at the addresses providcd by thc EEOC. Within fhe days of the mailing of the checks. defendant will submit a copy of the checks and related correspondenec to thc Rcgional Attorney. Equal Employment Opportunity Commission, 505 Marquette l\"W. Suite 900. Albuquerque. New Mcxico 87102-2189. 5. In accordance with dcfendant's rcprcsentation of its usual practice. in response to any emplOyment inquirics or refercncc checks directed 10 Ihe corporate oflice of Reslauranl Concepts concerning Ms. Beaty and anyclass member. defendant shall only provide dates of employ111ent and lasl position held. This provision shall survive Ihe expiration of this Decree.
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6.

Defendant shall not take any action against charging party Kimberly Beaty or the class

members or any witness in this case in retaliation for filing a charge of emplOj111elll discrimination or

for participating. assisting or testifying in this action.

DEFENDANT'S CORRECTIVE POLICIES

7.

Defendant shall institute and carry out policies nationwide with the purpose or

preventing scx discrimination. including sexual harassmcntofits employees and other indi,·iduals.

and that allow employees and other individuals to raise concerns <IT complaints aboutmatlers madc

unlawful by Title VII. Defendant agrees not to retaliate against any such individual in violation of

Title VII. To assist defendant in its eflort prevent scx discrimination. sexual harassment and

retaliation. within ninety (90) days of the entry of this dccrce. defendant shall revicw its ex isting

policies on sex discrimination nationwide. including sexual harassment. and make any changes

necessary so that its policies comply with Title VII. After reviewing and making any necessary

revisions to its policies. defendant shall distribute a copy of its sexual harassment policy to each of

its current filII and part-time employees within ninety (90) days of the revisions and to each new

employee hired for the duration of this decree within thirty (30) days of their hire.

8.

Within ninety (90) days of the revision. Defendant shall providc its employees

nationwide with revised written policy statements regarding reporting and prcvention of sexual

harassment and retaliation. The policy(s) that are provided to defendant's employees should be

designed to present easily understood. convenient. reliable. and to the extent possible. contidentiaL

procedures for reporting incidents of sexual harassment and retaliation in all ofdefendant's facilities

nationwide.

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POSTING 9. Within thirty (30) days of entry ofthis dccree. defendant shall post continuously for a period of thirty-six (36) months. in prominent places frequented by employees in dl'fendant's Santa Fe. ~ew Mexico facility. the Notice attached to this decree as Exhibit A. This Notice shall be the same type. style and siL.e as in Exhibit A.
TRAINING 10. Defendant shall provide training on sex discrimination. including sexual harassml'nt and retaliation. according to the following tcnns:
A. Detendant shall provide at least three (3) annual training sessions during the tenn of this decree. All managers. supervisors. and employl'cs at defendant's Santa Fe. Nl'\\ \lex ico. facility shall attend the annual training sessions. Additionally. all managers and supervisors who worked at defendant's Santa Fe. New Mexico. facility aftcr January 1.2002. and who remain l'mployed by detendant at any of defendant's facilities or who hecome rc-employed by defendant at any of its facilities during the duration of this decree shall attend the annual training sessions. Duplicative sessions may be held to accommodate stalling needs. Dcfl'ndant shall be responsible tor all costs associated "'ith this training.
B. During the first year ofthe decree. the first training session shall he conducted within three months of the cntry of this decree. During the second and third years of the decree. at least one training session shall be conducted each year.
C. Defendant shall select a qualified trainer and shall submit the trainer's name. rl'sume. training agenda and thc date(s) of the proposed training to the Regional Attomey of the Albuquerque office of the [qual Employment Opportunity Commission withinll)r\y-five days ofthl' entry of this decrce for the lirst sl'ssion of the first year. During thc second and third years of the
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decree. the above information shall be submitted to the Regional Attorney at least ninety days prior

to the seminar-training session. The Commission shall have thirty days from the date of receipt of

the information described above to accept or reject. with cause. the proposed consultant/lecturer

and!or the contents of the seminar. In the event the Commission docs not approve defendant's

designated consultantilecturer. the Commission shall designate the consultanUlccturer at a cost 1I0t to

~xceed $1.000.00 per seminar-training session which shall he paid hy defi:ndant.

D. The training shall include a minimum of two (2) hours of instruction. All

personnel designated in Paragraph IO.A. shall both register and attend the training. The registry of

attendance shall be retained hy defendant at least for the duration of the decree.

E. The training. at a minimum. shall include the suhjects or: what constitutes sex

discrimination. including sexual harassment. harassment hased on gender. and retaliation; that sex

discrimination in the hiring. firing. compensation. assignment or other temls. conditions or privileges

ofemplo}111ent and retaliation violates Title VII; how to preyent sex discrimination and retaliation;

how to provide a work environment free from sex discrimination. sexual harassment and retaliation;

and to whom and by what means employees may complain if they feel they have been subjected to

sex discrimination. sexual harassment and retaliation in the workplace; and that complaints of sexual

harassment or retaliation will be accepted in writing or orally. and anOn}1110US complaints will he

taken seriously and investigated.

F.

Immediately following the training sessions. an ofllcial of defendant ranked

aho\'e a general manager shall speak to the employees about: (I) potential discipline that can he

taken against supervisors. managers and employees who commit acts of sex discrimination or

retaliation. or who allow sex discrimination or retaliation to occur in the workplace; (1) the

importance of maintaining an 01l\'ironment frce of sex discrimi nation and retaliation; and (3) the

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employer's policies regarding sex discrimination, sexual harassment and retaliation. This timc shall not be counted toward the two-hour minimum training required in paragraph III.D.
G. For the duration ofthis decree, at or around the time of hire, employees hired atter the annual training is presented, shall view a video tapc of the training and/or a professional training tape which covcrs the topics set forth in paragraph II).E. and shall be given any written material disseminated at the training.
PROCEDURES FOR INVESTIGATIONS II. Defendant shall at a minimum institute the following procedures with regard to the investigation of complaints of sexual harassment and retaliation at its Santa Fe. \Ie\\" Mexico. t'lcility:
A. Defendant shall designate individual(s) to serve as investigative officer(s) tix sexual harassment and retaliation issues;
A. The name and title ofinvestigative oflicer(s) will routinely and continuously be posted and provided to all employees;
C. Complaints of sexual harassment or retaliation will be accepted in writing or orally, and anOn)1110US complaints will be taken seriously and investigated;
D. Only those who have a need to kno\\", including, but not limited to, the investigative officer, the alleged target of harassment or retaliation, the alleged harasser(s) or retaliator(s) and any witnesses, will be told the identity of the complainant by defendant;
E. All parties contacted in the course of an investigation wi II be advised that any retaliation or reprisal against an individual who is an alleged target of harassment or retaliation. who has made a complaint, or who has provided evidence in connection with a t"Omplaint will not he tolerated and could result in disciplinary action;
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F. Each investigative officer will reccl\'e thorough training about scxual

harassment and retaliation and will have the responsibility for expeditiously in\'estigating all

complaints. This training shall consist of at least three (3) hours in addition to that pro\'iued under

paragraph 10. if applicable;

G. The investigati\'e otlicer will recommend rcmcdialmcasures. ifappropriate.

hased upon the results of the in\'estigation. and defendant will promptly consider and act upon such

rccommendation;

H. Defendant will maintain a file on the original complaint(s) and any ()llow-up

investigation; and

I.

Defendant's managers. offic.ials. agents or employees who engage in sexual

harassment or retaliation. who fail to cooperate with company-sponsored investigations of sexual

harassment or retaliation. or who rcfiIse to implement remedial measures will be ad\·isL'd that they

may be sanctioned severely by suspension or dismissal.

12. The Commission. at its discretion. may designate COlllmission representati\·es to

attend training sessions held pursuant to this Decree. Commission representatives. however. Illay not

participate in the training sessions unless specifically invited hy the lead traincr designated hy

Restaurant COllcepts to uo so. The Commission shall ad\'ise the trainer of any ddiciencies ohserved

uuring the training.

REPORTI"'G BY DEf'ENDANT A"'D ACCESS BY EEOC

D. Defendant shall report in writing to the Regional Attorney of the Commission's

Albuquerque Area Office at 505 Ylarquette NW. Suite 900. Albuquerque. \,Ie\\' Mexico 87102-2189

beginning six months from the date of the entry of this decree. and thereafter e\uy six months for

the duration of the decree the following information:

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A. Any changes, modifications. reH)Cations. or rc\'isions to its policies and procedures which concern or affect the subject of sex discrimination. sexual harassment and retaliation.
B. The position of any employee who. during the six months preceding the report. has hrought allegations of sex discrimination, harassment. or retaliation arising from acti,'ities in defendant's Santa Fe, New \1cxico. facility against defendant or its personnel. including. but not limited to, management officials. vendors, agents. or employees. The nature of the complaint, investigatory efforts made by defendant and the correctivc action taken, if any. shall be speci fied.
C. The rcgistries of persons attending each of the seminar-training sessions required in paragraph 10 of this decree and a list of current employees on the day of the scminar-
training session.
D. A statement by defendant stating the "'otice required in paragraph <) of this decrec was posted and the locations where it was posted.
14. The Commission. upon reasonable notice, shall have the right to entcr and inspect the premises of defendant's Santa Fe, New Mexico, facility, with defendant's representative prcsent. to ensure compliance with this decree and federal anti-discrimination laws.
COSTS AND DL"RATION 15. Each party shall bear its costs and attorney's fees incurred as a result of this action through thc cntry of this decree. 16. The duration of this decree shall be three (3) years from its entry. This Court shall retain jurisdiction of this action for the duration of the decree. during which the Commission may petition this Court for compliance with this decree. Should the Court detenninc that defendant has
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not complied with this decree, appropriate relief, including extension of this decree for such period

as may be necessary to remedy its non-compliance, may he ordered.

17. This decree shall expire by its own terms at the end ofthrec (3) years after entry,

without further action by the parties.

18. Thc parties agrce to entry of this decrec andjudgmcnt suhject to final apprmal by the

Court.
__. ~6~/_·· ENTERED AND ORDERED thisN. day of

,2005.

~~::-~u_~.lJ..·....- .-..__ ORABlE JL:[)jTH C. HERRERA TED STATES DISTRICT COURT .lLDGE

APPROVED AND COr-;SENTED TO:

.lAMES L. lEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT

OPPORTU\1T):" COMMISSIOl\

180 I l Street, T\W

i:v C~ ~Q 'ash' gton. D.C. ~0507 ...J..A..-D it A AR'" JO O'NEILL

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Regional A!lome),

~+'/~~.~ )~~ C. EMA:--.JL.EI. SMII H

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Supervisory Trial Attome),

EQUAL EMPLOYMHiT OPPORTUNITY COMMISSIO:--.J 3300 N. Central Ave .. Suite (,90 Phoenix, AriLona 85012

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[I~;'·~rIfIl/2\C(·l)
ALISA L. PITTMAr\ WILLIAM A. PINTO ELLARHEE. THOMPSO"l. SAPP & WILSON. LLP 800 International Tower 229 Peachtree Street N.E. Atlanta. Georgia 30303 (404) 659-6700 OPPORTU!';ITY COMMISSION GILKE'{ & STEPHENSON. P.A. P.O. Box 25566 Albuquerque. NM 87125-5566 (505) 242-4466
Attorneys for Defendant

o/'
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liP.Lt&I.~J~/~:~~~~~~<-­
~"IICA A. MOLl!,;A Trial Attorney
LORETTA MEDINA Senior Trial Attorney
EQUAl. EMPLOYMENT
Albuquerque Area Office 505 Marquette NW. Suite 900 Albuquerqui." l\cw Mexico 87102-2189 Telephone: (5(1<;) 248-5231
Attorneys for I'luinti ff

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NOTICE TO ALL E\lPLOYEES OF RESTAURANT CO:"JCEPTS II, .. LC D/B/A APPLEBEE'S NEIGHBORHOOD GRILL A]\"D BAR

This Notice is posted pursuant to a Consent Decree entered into between Restaurant Concepts II, LLC d/bia Applebee's Neighborhood Grill and Bar ("Restaurant Concepts") and the Equal Emplo)1l1ent Opportunity Commission (EEOC).

It is unlawful under the federal law (Title VII of the Ci\'il Rights Act) and state law to discriminate against an employee on the basis of sex in hiring, firing, Cllmpensation or other temlS, and conditions or privi leges of employment, including sexual harassment.

Restaurant Concepts prohibits all fonns of sexual harassment. Prohibited sexual harassment includes, but is not limited to, the tl)l\owing conduct:

I. unwelcome touching of a sexual nature:

2.

unwelcome discussion of sexual jokes and sexual behavior:

3. unwelcome requests for dates, sexual favors and propositions: and

4.

unwelcome distribution in the workplace of cartoons, pictures or drawings of a

sexual nature.

Rcstaurant Concepts shall not discriminate on the basis of sex and shall not retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the ti ling of a charge ofdiscrimination or participates in any investigation under Title VII, or who tiles a grie\'ance alleging discrimination.

If you believe you arc being sexually harassed, discriminated against or retaliated against you should report this pursuant to Restaurant Concepts' Non-Harassment Policy which Restaurant Concepts II asserts complies with Title VII of the Civil Rights act of 1964.

EXHIBIT A

 
 District Version v3.0.5 LIVE DB - Docket Report

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MTNDDL, TERMED, TRANSF
U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:04-cv-00709-JCH-DJS

EEOC v. Restaurant Concepts Assigned to: District Judge Judith C. Herrera Referred to: Magistrate Judge Don J. Svet Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/23/2004 Date Terminated: 10/26/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Dreiband EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669

1 of 7

5/24/2007 12:17 PM

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V. Defendant LLC Restaurant Concepts, II doing business as Applebee's Neighborhood Grill and Bar
2 of 7

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?291333800057395-L_3...
Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alisa L Pittman Elarbee Thompson Sapp & Wilson LLP 800 International Tower 229 Peachtree St NE Atlanta, GA 30303 (404) 659-6700 Fax: 222-9718 LEAD ATTORNEY ATTORNEY TO BE NOTICED
5/24/2007 12:17 PM

District Version v3.0.5 LIVE DB - Docket Report

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Date Filed 06/23/2004 06/23/2004 06/28/2004 07/01/2004 07/07/2004
08/30/2004 08/30/2004 08/30/2004 09/01/2004
10/19/2004
3 of 7

Carol Dominguez Shay 500 Marquette NW Ste. 505 Albuquerque, NM 87125 505-242-4466 Fax: 505-243-3145 Email: carol@gilkeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Pinto, Jr Elarbee Thompson Sapp & Wilson LLP 800 International Tower 229 Peachtree St NE Atlanta, GA 30303 (404) 659-6700 Fax: 222-9718 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Don J. Svet) (emr) Modified on 06/25/2004 (Entered: 06/24/2004)
LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 06/24/2004)
SUMMONS issued as to deft (jrm) (Entered: 06/29/2004)
2 NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (cc: intake) (jrm) (Entered: 07/01/2004)
3 MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Magistrate Judge W Daniel Schneider to District Judge Judith C. Herrera (cc: all counsel*) (jrm) (Entered: 07/07/2004)
4 MOTION by deft for attorneys Alisa L Pittman & William A Pinto Jr to appear pro hac vice (jrm) (Entered: 08/31/2004)
5 ENTRY OF APPEARANCE for defendant by Carol Dominguez Shay (emr) (Entered: 08/31/2004)
6 ANSWER by defendant [1-1] (emr) (Entered: 08/31/2004)
7 ORDER by Magistrate Judge Don J. Svet granting deft's unopposed motion for attorneys Alisa L Pittman & William A Pinto Jr to appear pro hac vice [4-1] (cc: all counsel) (jrm) Modified on 09/03/2004 (Entered: 09/01/2004)
8 INITIAL SCHEDULING ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set for 11/18/04 @ 3:00 pm; provisional discovery plan & IPTR due 11/10/04 (cc: all counsel*) (jrm) (Entered: 10/19/2004)

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9 ATTORNEYS' PROVISIONAL DISCOVERY PLAN (*) (jrm) (Entered: 11/12/2004)
10 CLERK'S MINUTES: before Magistrate Judge Don J. Svet Rule 16 scheduling conference held (jrm) (Entered: 11/22/2004)
11 CERTIFICATE of service of initial disclosures by pltf to counsel on 11/22/04 (*) (jrm) (Entered: 11/23/2004)
12 CERTIFICATE by defendant of service of Rule 26 Initial Disclosures to counsel on 11/22/04 (emr) (Entered: 11/26/2004)
13 CERTIFICATE of Service by deft of 1st ntc of subpoenas for production to counsel on 12/1/04 (pr) (Entered: 12/03/2004)
14 CERTIFICATE of service of 1st request for production & 1st set of non-uniform interrog(s) by pltf to counsel on 12/10/04 (*) (jrm) (Entered: 12/10/2004)
15 CERTIFICATE of service of 1st set of interrog(s) by deft to counsel on 12/24/04 (seal) (Entered: 01/18/2005)
16 CERTIFICATE of service of objections & responses to 1st request for production by deft to counsel on 1/12/05 (seal) (Entered: 01/18/2005)
17 CERTIFICATE of service of 1st request for production by deft to counsel on 12/24/04 (seal) (Entered: 01/18/2005)
18 CERTIFICATE of service of 1st set of non-uniform interrog(s) by deft to counsel on 1/12/05 (seal) (Entered: 01/18/2005)
19 CERTIFICATE of service of 2nd ntc of subpoenas for production of documents & things by deft to counsel on 1/13/05 (jrm) (Entered: 01/24/2005)
20 CERTIFICATE of service of answers & objections to 1st set of interrog(s) by pltf to counsel on 1/26/05 (*) (jrm) (Entered: 01/27/2005)
21 CERTIFICATE of service of responses & objections to 1st set of production by pltf to counsel on 1/26/05 (*) (jrm) (Entered: 01/27/2005)
22 CERTIFICATE of service of 2nd request for production by pltf to counsel on 1/28/05 (*) (jrm) (Entered: 01/31/2005)
23 UNOPPOSED MOTION by pltf to extend time until 3/4/05 in which to serve mtn to compel (*) (seal) (Entered: 02/03/2005)
24 CERTIFICATE of service of 1st request for admissions & 2nd request for production by pltf to counsel on 2/3/05 (*) (seal) (Entered: 02/03/2005)
25 CERTIFICATE of service of ntc of depo of Kimberly Beaty by pltf to counsel on 2/2/05 (jrm) (Entered: 02/04/2005)
26 CERTIFICATE of service of ntc of depo tuces tecum by pltf to counsel on 2/11/05 (*) (jrm) (Entered: 02/14/2005)
27 CERTIFICATE of service of 2nd set of interrog(s) by deft to counsel on 2/14/05 (jrm) (Entered: 02/15/2005)

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04/05/2005 04/14/2005 04/26/2005 04/28/2005 05/06/2005 05/09/2005 05/12/2005 05/16/2005 05/17/2005 05/18/2005 05/19/2005
05/25/2005

28 CERTIFICATE of service of objections & responses to 2nd request for production by pltf to counsel on 3/2/05 (jrm) (Entered: 03/04/2005)
29 CERTIFICATE by plaintiff of service of Notices of Deposition to counsel on 03/07/05 (nc) (Entered: 03/11/2005)
30 CERTIFICATE of service of answers & objections to 2nd set of interrog(s) by pltf to counsel on 3/17/05 (*) (jrm) (Entered: 03/17/2005)
31 INITIAL PRE-TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge Don J. Svet; Discovery set for 4/18/05; mtn filing ddl set for 7/7/05; proposed pretrial order due 9/19/05; pretrial conference set for 12/14/05 (parties to be notified of time); jury trial set for 9:00 a.m. on 1/19/06; Estimated # of Trial Days: 7-10; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 03/28/2005)
32 JOINT MOTION by parties to amend the IPTR (*) (jrm) (Entered: 04/05/2005)
33 Third ntc of subpoenas for production of documents & things to non-parties by deft (*) (jrm) (Entered: 04/14/2005)
34 CERTIFICATE of service of 2nd ntc of depo of Dina Solis by deft to counsel on 4/22/05 (jrm) (Entered: 04/26/2005)
35 CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/27/05 (jrm) (Entered: 04/29/2005)
36 CERTIFICATE of Service by deft of 4th ntc of subpoenas for production to counsel on 5/5/05* (pr) (Entered: 05/06/2005)
37 CERTIFICATE of service of 3rd set of interrog(s) by deft to counsel on 5/9/05 (*) (jrm) (Entered: 05/09/2005)
38 CERTIFICATE of service of 2nd supplemental initial disclosures by pltf to counsel on 5/12/05 (*) (jrm) (Entered: 05/12/2005)
39 CERTIFICATE of service of ntc of depo of Robert Brooks, Connie Castaneda & Jessica Lacy by pltf to counsel on 5/13/05 (*) (jrm) (Entered: 05/16/2005)
40 CERTIFICATE of service of objections & responses to 3rd request for production by deft to counsel on 5/11/05 (jrm) (Entered: 05/17/2005)
41 CERTIFICATE of service of 5th ntc of subpoenas for production of documents & things to non-parties by deft to counsel on 5/18/05 (*) (jrm) (Entered: 05/18/2005)
42 ORDER by Magistrate Judge Don J. Svet granting the joint motion to amend the IPTR [32-1] Discovery cutoff 7/18/05 ; Motion Filing cutoff 10/5/05 ; Pretrial order ddl 12/19/05 ; Pretrial conference set for 2/22/06, time not set ; Jury trial set for 3/13/06 @ 9:00 am in Albuquerque (cc: all counsel) (jrm) (Entered: 05/19/2005)
43 CERTIFICATE of service of 2nd ntc of depos of Robert Brooks, Connie Castaneda & Jessica Lacy by pltf to counsel on 5/24/05 (*) (jrm) (Entered: 05/25/2005)

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06/03/2005
06/14/2005 06/14/2005 06/16/2005 06/21/2005
06/21/2005 06/24/2005 06/24/2005 07/05/2005 07/08/2005 07/13/2005
07/13/2005 07/15/2005

44 CERTIFICATE of service of 2nd amended ntc of depo of Robert Brooks by deft to counsel on 5/26/05 (*) (jrm) (Entered: 05/26/2005)
45 CERTIFICATE of service of ntc of depo of Wasatch Investigations, Inc by deft to counsel on 5/26/05 (*) (jrm) (Entered: 05/26/2005)
46 CERTIFICATE of service by defendant of 3rd ntc of deposition of D Solis to counsel on 5/27/05 * (vv) (Entered: 05/27/2005)
47 CERTIFICATE of service by defendant of 6th notice of subpoenas for production of documents & things to counsel on 5/27/05 * (vv) (Entered: 05/27/2005)
48 CERTIFICATE of service of 7th ntc of subpoenas for production of documents & things to non-parties by deft to counsel on 6/3/05 (*) (jrm) (Entered: 06/03/2005)
49 CERTIFICATE of service of answers & objections to 3rd set of interrog(s) by pltf to counsel on 6/14/05 (*) (jrm) (Entered: 06/14/2005)
50 CERTIFICATE of service of 3rd notices of depo of Jessica Lacy & Connie Castaneda by deft to counsel on 6/14/05 (*) (jrm) (Entered: 06/14/2005)
51 CERTIFICATE of Service by pltf of 4th request for production to counsel on 6/16/05* (pr) (Entered: 06/16/2005)
52 CERTIFICATE of Service by pltf of responses to request for production made as part of ntc of depo of Dina Solis to counsel on 6/21/05* (pr) (Entered: 06/21/2005)
53 CERTIFICATE of Service by pltf of 1st request for admissions to counsel on 6/17/05* (pr) (Entered: 06/21/2005)
54 CERTIFICATE of service of 4th set of interrog(s) by deft to counsel on 6/24/05 (*) (jrm) (Entered: 06/24/2005)
55 CERTIFICATE of service of 2nd request for production by deft to counsel on 6/17/05 (*) (jrm) (Entered: 06/24/2005)
56 UNOPPOSED MOTION by deft to extend time to file its mtn to compel (*) (jrm) (Entered: 07/05/2005)
57 CERTIFICATE of service of 3rd supplemental disclosure by pltf to counsel on 7/8/05 (*) (seal) (Entered: 07/08/2005)
58 ORDER by Magistrate Judge Don J. Svet setting a mandatory Rule 16 settlement conference for 8/30/05 @ 8:30 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 07/13/2005)
59 JOINT MOTION to extend remaining pretrial deadlines (*) (jrm) (Entered: 07/13/2005)
60 ORDER by Magistrate Judge Don J. Svet granting the joint motion to extend remaining pretrial deadlines [59-1] Discovery cutoff 8/26/05 ; Motion Filing cutoff 11/11/05 ; Pretrial order ddl 1/26/06 (cc: all counsel) (jrm) (Entered: 07/15/2005)

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61 SECOND UNOPPOSED MOTION by deft to extend time until 8/12/05 to file mtn to compel (*) (jrm) (Entered: 07/15/2005)
62 ORDER by Magistrate Judge Don J. Svet granting deft's second unopposed motion to extend time until 8/12/05 to file mtn to compel [61-1], [56-1] (cc: all counsel*) (jrm) (Entered: 08/02/2005)
63 ORDER by Magistrate Judge Don J. Svet vacating the 8/30/05 settlement conference (cc: all counsel*) (jrm) (Entered: 08/29/2005)
64 ORDER by Magistrate Judge Don J. Svet denying as moot the motion to extend time until 3/4/05 in which to serve mtn to compel [23-1] by EEOC (cc: all counsel*) (jrm) (Entered: 09/28/2005)
65 CONSENT DECREE by District Judge Judith C. Herrera (SEE DOCUMENT FOR SPECIFICS) dismissing case (cc: all counsel) (mjr) (Entered: 10/27/2005)

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