Case: EEOC v. MONK'S INC., d/b/a INTERNATIONAL HOUSE OF PANCAKES

1:99-cv-00114 | U.S. District Court for the District of New Mexico

Filed Date: Feb. 3, 1999

Closed Date: May 9, 2000

Clearinghouse coding complete

Case Summary

The EEOC's Albuquerque district office sued Monk's, Inc., the owner of the International House of Pancakes chain of restaurants, on February 3, 1999 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that Monk's violated the Americans with Disabilities Act when it discriminated against an employee with a physical disability (diabetes) when it failed to reasonably accommodate the employee and terminated him. The parties entered into a consent decree on May 9, 2000, which stipulated that Monk's would pay the defendant $11,000 in damages, post a notice of EEO rights in its Las Cruces restaurant, provide EEO training for its managers and supervisors, and allow the EEOC to ensure compliance with the consent decree both through annual reports from the defendant and entering the defendant's restaurant.

Summary Authors

Aaron Weismann (6/11/2007)

Documents in the Clearinghouse

Document

1:99-cv-00114

Docket (PACER)

EEOC v. Monk's Inc.

May 9, 2000

May 9, 2000

Docket
1

1:99-cv-00114

Complaint

Equal Employment Opportunity Commission v. Monk's Inc., d/b/a International House of Pancakes

Feb. 3, 1999

Feb. 3, 1999

Complaint
25

1:99-cv-00114

Consent Decree

Equal Employment Opportunity Commission v. Monk's Inc., d/b/a International House of Pancakes

May 9, 2000

May 9, 2000

Settlement Agreement

Resources

Docket

Last updated April 15, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (1 Summons(es) issued) (referred to Chief Magistrate William Deaton) (vv) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

Clearinghouse
2

RETURN OF SERVICE executed upon defendant Monk's Inc., on 2/9/99 (sl) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

3

ENTRY OF APPEARANCE for defendant Monk's Inc., by Daniel A. Dolan (rg) (Entered: 03/02/1999)

Feb. 25, 1999

Feb. 25, 1999

4

MOTION by deft Monk's Inc., to extend time until 3/22/99 to file answer (rg) (Entered: 03/02/1999)

Feb. 25, 1999

Feb. 25, 1999

5

ORDER by Chief Magistrate William Deaton granting deft's motion to extend time until 3/22/99 to file answer [4-1] (cc: all counsel) (sl) (Entered: 03/02/1999)

March 2, 1999

March 2, 1999

6

ANSWER, with affirmative defenses, by deft Monk's Inc, [1-1] (rg) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

7

NOTICE by deft Monk's Inc, of filing bankruptcy (rg) (Entered: 04/01/1999)

April 1, 1999

April 1, 1999

8

ORDER by Chief Magistrate William Deaton staying all proceedings until automatic stay in deft's bankruptcy proceedings is modified to permit this case to go forward (cc: all counsel, electronic mailing) (sl) (Entered: 04/06/1999)

April 6, 1999

April 6, 1999

9

MOTION by plaintiff EEOC for reconsideration of Court's order of stay (sl) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

10

MEMORANDUM by plaintiff in support of motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

11

RESPONSE by defendant to pltf's motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

12

MEMORANDUM (objection) by defendant in opposition to pltf's motion for reconsideration of Court's order of stay reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

13

REPLY by plaintiff to deft's response to motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

14

ORDER by Chief Magistrate William Deaton denying EEOC's motion for reconsideration of Court's order of stay [9-1] (cc: all counsel, electronic mailing) (sl) (Entered: 05/24/1999)

May 24, 1999

May 24, 1999

15

ORDER by Chief Magistrate William Deaton terminating case referral to Chief Magistrate William Deaton , Case to Magistrate Judge Karen B. Molzen (cc: all counsel) (pg) (Entered: 06/03/1999)

June 2, 1999

June 2, 1999

17

MEMORANDUM by plaintiff in support of motion (objection) for reconsideration of order denying pltf's motion requesting reconsideration of Court's order of stay [16-1] (sl) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

18

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference set for 2/1/00; provisional discovery plan and IPTR due on 1/25/00 (cc: all counsel*) (sl) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

19

ORDER by Magistrate Judge Karen B. Molzen lifting stay of proceedings for case to proceed to discovery (cc: all counsel*) (sl) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

20

NOTICE of hearing by the Clerk of Court before Magistrate Judge Karen B. Molzen ; Rule 16 scheduling conference set for 2/1/00 at 1:30 pm (cc: all counsel*) (sl) (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

21

NOTICE of hearing before Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference reset for 2/10/00 at 2:00 pm; provisional discovery plan and IPTR due by 2/3/00 (cc: all counsel*) (sl) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

22

SUBSTITUTION OF COUNSEL: terminating attorney Mary Jo O'Neill for EEOC and substituting attorney C Emanuel Smith (sl) Modified on 01/21/2000 (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

23

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

24

CLERK'S MINUTES: Rule 16 Scheduling Conference continued before Magistrate Judge Karen B. Molzen; Clerk: M Garcia (former employee) Modified on 03/28/2000 (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

25

ORDER by Judge Bruce D. Black of consent decree as described herein (cc: all counsel) (sl) (Entered: 05/09/2000)

May 9, 2000

May 9, 2000

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 3, 1999

Closing Date: May 9, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Monk's, Inc. (Las Cruces, NM), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11000

Order Duration: 2000 - 2003

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits