Case: EEOC v. LLC RESTAURANT CONCEPTS II (d/b/a APPLEBEE'S NEIGHBORHOOD BAR & GRILL)

6:04-cv-00709 | U.S. District Court for the District of New Mexico

Filed Date: June 23, 2004

Closed Date: Oct. 26, 2005

Clearinghouse coding complete

Case Summary

The EEOC's Phoenix District Office sued LLC Restaurant Concepts, II, d/b/a Applebee's Neighborhood Bar & Grill, on June 23, 2004 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that LLC violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliating against a female employee for her complaint. The parties entered into a consent decree on October 26, 2005 which stipulated that the defendant would pay $310,000 in damages to be split among seven affected employees, revise and distribute its EEO policy, post a notice of compliance with Title VII, provide annual Title VII compliance training for the duration of the consent decree, revise its complaint resolution procedure, and report its progress to the EEOC semiannually. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Aaron Weismann (6/14/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

6:04-cv-00709

Docket (PACER)

EEOC v. Restaurant Concepts

Oct. 26, 2005

Oct. 26, 2005

Docket
1

6:04-cv-00709

Complaint

Equal Employment Opportunity Commission v. Restaurant Concepts II, LLC d/b/a Applebee's Neighborhood Grill and Bar

June 23, 2004

June 23, 2004

Complaint
65

6:04-cv-00709

Consent Decree

Equal Employment Opportunity Commission v. Restaurant Concepts II, LLC d/b/a Applebee's Neighborhood Grill and Bar

Oct. 26, 2005

Oct. 26, 2005

Settlement Agreement

Resources

Docket

Last updated Jan. 27, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
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)

June 23, 2004

June 23, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

SUMMONS issued as to deft (jrm) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

2

NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (cc: intake) (jrm) (Entered: 07/01/2004)

July 1, 2004

July 1, 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)

July 7, 2004

July 7, 2004

4

MOTION by deft for attorneys Alisa L Pittman & William A Pinto Jr to appear pro hac vice (jrm) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

5

ENTRY OF APPEARANCE for defendant by Carol Dominguez Shay (emr) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

6

ANSWER by defendant [1-1] (emr) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 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)

Sept. 1, 2004

Sept. 1, 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)

Oct. 19, 2004

Oct. 19, 2004

10

CLERK'S MINUTES: before Magistrate Judge Don J. Svet Rule 16 scheduling conference held (jrm) (Entered: 11/22/2004)

Nov. 18, 2004

Nov. 18, 2004

11

CERTIFICATE of service of initial disclosures by pltf to counsel on 11/22/04 (*) (jrm) (Entered: 11/23/2004)

Nov. 22, 2004

Nov. 22, 2004

12

CERTIFICATE by defendant of service of Rule 26 Initial Disclosures to counsel on 11/22/04 (emr) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 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)

Dec. 2, 2004

Dec. 2, 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)

Dec. 10, 2004

Dec. 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)

Jan. 18, 2005

Jan. 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)

Jan. 18, 2005

Jan. 18, 2005

17

CERTIFICATE of service of 1st request for production by deft to counsel on 12/24/04 (seal) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 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)

Jan. 18, 2005

Jan. 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)

Jan. 21, 2005

Jan. 21, 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)

Jan. 27, 2005

Jan. 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)

Jan. 27, 2005

Jan. 27, 2005

22

CERTIFICATE of service of 2nd request for production by pltf to counsel on 1/28/05 (*) (jrm) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 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)

Feb. 3, 2005

Feb. 3, 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)

Feb. 3, 2005

Feb. 3, 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)

Feb. 4, 2005

Feb. 4, 2005

26

CERTIFICATE of service of ntc of depo tuces tecum by pltf to counsel on 2/11/05 (*) (jrm) (Entered: 02/14/2005)

Feb. 11, 2005

Feb. 11, 2005

27

CERTIFICATE of service of 2nd set of interrog(s) by deft to counsel on 2/14/05 (jrm) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

29

CERTIFICATE by plaintiff of service of Notices of Deposition to counsel on 03/07/05 (nc) (Entered: 03/11/2005)

March 11, 2005

March 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)

March 17, 2005

March 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)

March 28, 2005

March 28, 2005

32

JOINT MOTION by parties to amend the IPTR (*) (jrm) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

33

Third ntc of subpoenas for production of documents & things to non-parties by deft (*) (jrm) (Entered: 04/14/2005)

April 14, 2005

April 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)

April 26, 2005

April 26, 2005

35

CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/27/05 (jrm) (Entered: 04/29/2005)

April 28, 2005

April 28, 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)

May 6, 2005

May 6, 2005

37

CERTIFICATE of service of 3rd set of interrog(s) by deft to counsel on 5/9/05 (*) (jrm) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

38

CERTIFICATE of service of 2nd supplemental initial disclosures by pltf to counsel on 5/12/05 (*) (jrm) (Entered: 05/12/2005)

May 12, 2005

May 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)

May 16, 2005

May 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)

May 17, 2005

May 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)

May 18, 2005

May 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)

May 19, 2005

May 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)

May 25, 2005

May 25, 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)

May 26, 2005

May 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)

May 27, 2005

May 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)

May 27, 2005

May 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)

June 3, 2005

June 3, 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)

June 14, 2005

June 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)

June 14, 2005

June 14, 2005

51

CERTIFICATE of Service by pltf of 4th request for production to counsel on 6/16/05* (pr) (Entered: 06/16/2005)

June 16, 2005

June 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)

June 21, 2005

June 21, 2005

53

CERTIFICATE of Service by pltf of 1st request for admissions to counsel on 6/17/05* (pr) (Entered: 06/21/2005)

June 21, 2005

June 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)

June 24, 2005

June 24, 2005

55

CERTIFICATE of service of 2nd request for production by deft to counsel on 6/17/05 (*) (jrm) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

56

UNOPPOSED MOTION by deft to extend time to file its mtn to compel (*) (jrm) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

57

CERTIFICATE of service of 3rd supplemental disclosure by pltf to counsel on 7/8/05 (*) (seal) (Entered: 07/08/2005)

July 8, 2005

July 8, 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)

July 13, 2005

July 13, 2005

59

JOINT MOTION to extend remaining pretrial deadlines (*) (jrm) (Entered: 07/13/2005)

July 13, 2005

July 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)

July 15, 2005

July 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)

Aug. 2, 2005

Aug. 2, 2005

63

ORDER by Magistrate Judge Don J. Svet vacating the 8/30/05 settlement conference (cc: all counsel*) (jrm) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 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)

Sept. 28, 2005

Sept. 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)

Oct. 26, 2005

Oct. 26, 2005

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 23, 2004

Closing Date: Oct. 26, 2005

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

LLC Restaurants Concepts, II (Santa Fe, NM), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

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: 310000

Order Duration: 2005 - 2008

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits