Case: EEOC v. POMEROY INVESTMENTS INC (d/b/a MARIE CALLENDER'S)

2:97-cv-02556 | U.S. District Court for the Central District of California

Filed Date: April 16, 1997

Closed Date: April 14, 1998

Clearinghouse coding complete

Case Summary

In April 2007, the Los Angeles office of the EEOC brought this ADA suit against Pomeroy Investments, Inc. d/b/a Marie Callender's in the U.S. District Court for the Central District of California. The claimant intervened in the EEOC's suit in August 1997. The case settled by entry of a consent decree in February 1998. The consent decree required the defendant to pay the claimant $25,000, refrain from discrimination, institute an anti-discrimination policy, and provide training. No other information was made available on the nature of the suit or the consent decree.

Summary Authors

Kevin Wilemon (7/14/2007)

Documents in the Clearinghouse

Document

2:97-cv-02556

Docket (PACER)

USEEOC v. Pomeroy Invst Inc

Feb. 24, 2000

Feb. 24, 2000

Docket

Resources

Docket

Last updated March 23, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
2

STANDING ORDER by Judge Dean D. Pregerson. Cnsl for plf or plf sh immediately srv this ord on all ptys, inclu any new ptys to the actn. (twdb) (Entered: 04/22/1997)

April 18, 1997

April 18, 1997

3

WAIVER OF SERVICE of SUMMONS by defendant Pomeroy Invst Inc sent by plf on 4/28/97 (twdb) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

4

ANSWER by defendant Pomeroy Invst Inc to Complaint [1-1]; jury demand (shb) (Entered: 06/16/1997)

June 13, 1997

June 13, 1997

8

NOTICE OF MOTION AND MOTION by intervenor plaintiff Sergio Dado Jr to intervene in action ; Decl of Max Sauler; Memo of P&A's ; motion hearing set for 10:00 8/11/97 (shb) (Entered: 07/25/1997)

July 14, 1997

July 14, 1997

9

INTERVENOR'S COMPLAINT by intervenor plaintiff Sergio Dado Jr; Jury demand (shb) (Entered: 07/25/1997)

July 14, 1997

July 14, 1997

9

DEMAND for jury trial by intervenor plaintiff Sergio Dado Jr, plaintiff USEEOC (shb) (Entered: 07/25/1997)

July 14, 1997

July 14, 1997

5

Non-Opp by plaintiff USEEOC to Sergio Dado, Jr.'s mot to intervene (twdb) (Entered: 07/23/1997)

July 21, 1997

July 21, 1997

6

JOINT REPORT OF EARLY MEETING OF COUNSEL Length of trial 5-7 days (shb) (Entered: 07/24/1997)

July 23, 1997

July 23, 1997

7

NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson that ntc of mot to intervene submitted by moving pty received on 7/14/97 is to be filed and processed. (shb) (Entered: 07/25/1997)

July 24, 1997

July 24, 1997

10

NOTICE by defendant Pomeroy Invst Inc of non opposition to motion to intervene (shb) (Entered: 07/28/1997)

July 25, 1997

July 25, 1997

11

ORDER by Judge Dean D. Pregerson granting motion to intervene in action [8-1]. The hrg previously set for 8/25/97 is hereby vacated. (ENT: 8/8/97) mld cpys & ntc. (shb) (Entered: 08/08/1997)

Aug. 7, 1997

Aug. 7, 1997

12

Case Management ORDER regarding Early Meeting of Cnsl, Scheduling MSC by Judge Dean D. Pregerson ; mandatory status conference set on 4:00 9/22/97 A joint status report is required at least 10 days before the date set for the MSC (shb) (Entered: 08/12/1997)

Aug. 8, 1997

Aug. 8, 1997

13

NOTICE by plaintiff USEEOC of Continuance of motion resetting hearing on motion to intervene in action [8-1] 10:00 8/28/97 (shb) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

14

ANSWER to by defendant Pomeroy Invst Inc complaint [9-1]; jury demand (shb) (Entered: 08/25/1997)

Aug. 22, 1997

Aug. 22, 1997

15

JOINT STATUS REPORT by plaintiff USEEOC (bp) (Entered: 09/12/1997)

Sept. 10, 1997

Sept. 10, 1997

16

MINUTES: ; mandatory status conference held ; pretrial conference on 4:00 4/6/98 ; jury trial set on 9:00 4/14/98, 6 dy by Judge Dean D. Pregerson CR: n/a (twdb) (Entered: 10/01/1997)

Sept. 22, 1997

Sept. 22, 1997

17

MINUTES: ; settlement conference 10:00 12/3/97 This matter has been referred to US Mag Judge Carla Woehrle for settlement conf. Cnsl are ord to lodge the orig stlmnt brfs directly in Judge Woehrle's chambers NLT 12/1/97. by Discovery Carla M.

Nov. 18, 1997

Nov. 18, 1997

19

MINUTES: ;Fur settlement conference reset 9:30 12/19/97 ; settlement conference held by Discovery Carla M. Woehrle CR: n/a (twdb) (Entered: 12/12/1997)

Dec. 3, 1997

Dec. 3, 1997

20

CONSENT DECREE and ORDER by Judge Dean D. Pregerson IT IS ORDERED, ADJUGED AND DECREES AS FOLLOWS: (1) Pomeroy agrees to tender a check for $25,000.00 made payable to Sergio Dado, Jr and to his atty w/i 10 days after this decree has been executed and after a separate waiver is exec..(2) Pomeroy is enjoined from engaging is disability discrimination in violation of Tiele I of the Americans with Disabilities Act of 1990. (3) Pomeroy agrees t institure a policy in writing prohibiting disability discrimination, and that will institute training for all managerial employees regarding disability discrimination...(4) The terms of this Decree are and shall be binding upon the present and future officers...(5) The Commission and Pomeroy agree that each will bear its own court costs and addys fees. (6) If any provision of this Decree is held, determined or adjudicated to be invalid, unenforceable or void for any reason whatsoever, such portion, provision or part shall be served from the remaining portions, provisions or parts of this Decree and shall not affect the validity or enforceability of such remaining portions, provisions or parts. (ENT: 2/13/98) mld cpys & ntc. (shb) (Entered: 02/13/1998)

Feb. 12, 1998

Feb. 12, 1998

21

STIPULATION of dism and ORDER by Judge Dean D. Pregerson terminating case . (ENT 4/15/98), MD JS-6, mld cpys. (twdb) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

22

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Margaret A. Nagle second A/C; rec'd 2-18-00; the doc is not to be fld but instead rejected and is ord rtn to cnsl. (ab) (Entered: 03/02/2000)

Feb. 24, 2000

Feb. 24, 2000

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 16, 1997

Closing Date: April 14, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pomeroy Investments Inc., 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

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: 25000

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit