Case: EEOC v. MENA SDI LLC (d/b/a SONIC DRIVE-IN)

2:06-cv-02058 | U.S. District Court for the Western District of Arkansas

Filed Date: May 12, 2006

Closed Date: Aug. 7, 2008

Clearinghouse coding complete

Case Summary

In May 2006, the Little Rock Area Office and Memphis Office of the EEOC filed this lawsuit against Mena SDI, L.L.C. (doing business as Sonic Drive-In) and its holding company, Investments Holding, Inc., in the U.S. District Court for the Western District of Arkansas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complaining parties to a sexually hostile work environ…

In May 2006, the Little Rock Area Office and Memphis Office of the EEOC filed this lawsuit against Mena SDI, L.L.C. (doing business as Sonic Drive-In) and its holding company, Investments Holding, Inc., in the U.S. District Court for the Western District of Arkansas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complaining parties to a sexually hostile work environment created by the night manager through language and physical assault and later retaliated following opposition to the practice by removing the complainant from the work schedule, leading to her constructive termination. Following some discovery, the parties settled the lawsuit through a consent decree.

The one-year decree, containing an anti-retaliation clause and an agreement not to discriminate, required the defendant to: make a compliance report, provide EEO training, provide complainants with a neutral recommendation, post and distribute notice of employee rights, and pay $75,000 to be distributed among two individuals.

The decree was entered in August 2007 and scheduled to last until August 2008. No further docket entries exist, so the case is closed.

Summary Authors

Daisy Manning (4/17/2008)

Clearinghouse (11/19/2018)

Documents in the Clearinghouse

Document

2:06-cv-02058

Docket (PACER)

EEOC v. Mena SDI LLC

Aug. 7, 2007

Aug. 7, 2007

Docket
1

2:06-cv-02058

Complaint

EEOC v. Mena SDI LLC, et al

May 12, 2006

May 12, 2006

Complaint
9

2:06-cv-02058

Amended Complaint

EEOC v. Mena SDI LLC, et al

Oct. 20, 2006

Oct. 20, 2006

Complaint
26

2:06-cv-02058

Complaint in Intervention

EEOC v. Mena SDI LLC

June 12, 2007

June 12, 2007

Complaint
29

2:06-cv-02058

Consent Decree

EEOC v. Mena SDI LLC

Aug. 7, 2007

Aug. 7, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5150677/equal-employment-opportunity-commission-v-mena-sdi-llc/

Last updated April 11, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant Mena SDI, L.L.C., filed by Plaintiff Equal Employment Opportunity Commission.(sh) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Equal Employment Opportunity Commission. Complaint 1 lists multiple attorneys appearing for the filer. All listed attorneys, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case re JAMES LEE and GWENDOLYN REAMS. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (mfr) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

2

Application for Limited Appearance with Waiver of Designation of Local Counsel by Stephen G. Solomon on behalf of Mena SDI, L.L.C. (mfr) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

3

ANSWER to Complaint by Mena SDI, L.L.C.(mfr) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

TEXT ONLY ORDER granting 2 Motion to Appear Pro Hac Vice. Stephen G. Solomon is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter . Signed by Judge Jimm Larry Hendren on July 19, 2006. (cpg) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

4

INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 9/20/2006. Final Scheduling Order issue date 9/29/2006. Jury Trial set for 3/5/2007 08:30 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on July 20, 2006. (gg) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

5

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

6

FINAL SCHEDULING ORDER: Jury Trial set for 3/5/2007 08:30 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on September 14, 2006. (gg) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

7

MOTION to Amend/Correct Complaint by Equal Employment Opportunity Commission. (Attachments: # 1)(Dixon, Pamela) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Equal Employment Opportunity Commission. Motion to Amend/Correct 7 lists multiple attorneys appearing for the filer (RONALD S. COOPER, JAMES L. LEE). All listed attorneys, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (mfr) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

9

AMENDED COMPLAINT with Jury Demand as to 1 Complaint against Investments Holding, Inc. and Mena SDI, L.L.C. , filed by Equal Employment Opportunity Commission. Related document: 1 Complaint filed by Equal Employment Opportunity Commission.(mfr) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Equal Employment Opportunity Commission. Amended Complaint 9 lists multiple attorneys appearing for the filer (RONALD S. COOPER, JAMES L. LEE and GWENDOLYN YOUNG REAMS). All listed attorneys, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (mfr) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

Summons Issued as to Investments Holding, Inc., Mena SDI, L.L.C. and returned to attorney for service (mfr) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

10

NOTICE of Appearance by S. Walton Maurras on behalf of Investments Holding, Inc. (Maurras, S.) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

11

ANSWER to Complaint by Investments Holding, Inc..(Maurras, S.) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

12

CORPORATE DISCLOSURE STATEMENT by Defendant Investments Holding, Inc.. (Maurras, S.) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

13

ANSWER to Amended Complaint 9 by Mena SDI, L.L.C.. Related document: 9 Amended Complaint filed by Equal Employment Opportunity Commission,.(Solomon, Stephen) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Mena SDI, L.L.C. Answer to Amended Complaint 13 lists multiple attorneys appearing for the filer (THOMAS F. COLLINS. III). All listed attorneys, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (mfr) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

14

MOTION to Amend/Correct 6 Final Scheduling Order by Investments Holding, Inc.. (Maurras, S.) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

Reset Hearings: Jury Trial reset for 10/22/2007; 08:30 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable Jimm Larry Hendren per order entered 12/08/06. (mfr) (Entered: 12/11/2006)

Dec. 8, 2006

Dec. 8, 2006

15

SUPPLEMENTAL 5 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Dixon, Pamela) Modified on 12/12/2006 to add text and document link (mfr). (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

16

USM285 Returned Executed as to service of summons and complaint by Equal Employment Opportunity Commission. Mena SDI, L.L.C. (Stephen G. Solomon) served on 11/13/2006, answer due 12/4/2006. (mfr) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

17

USM285 Returned Executed by Equal Employment Opportunity Commission. Investments Holding, Inc. (Charley Ballou) served with summons and complaint on 12/14/2006, answer due 1/3/2007. (mfr) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

18

NOTICE of Appearance by Andrew L. Walding on behalf of Investments Holding, Inc. (Walding, Andrew) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

19

MOTION to Extend Number of Interrogatories by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Dixon, Pamela) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

20

ORDER granting plaintiff's 19 Motion for Leave to serve additional interrogatories as set forth. Signed by Judge Jimm Larry Hendren on March 13, 2007. (mfr) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

21

MOTION to Intervene by Gina Hirsch. (Attachments: # 1 Proposed Complaint in Intervention)(mfr) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

22

BRIEF in Support of 21 MOTION to Intervene by Gina Hirsch. (mfr) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

23

NOTICE by Investments Holding, Inc. of Depositions (Maurras, S.) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

24

ORDER granting 21 Motion to Intervene by Gina Hirsch. Further, the intervenor shall immediately file her complaint in intervention and serve the same upon all parties of record. Signed by Judge Jimm Larry Hendren on June 5, 2007. (mfr)

June 5, 2007

June 5, 2007

RECAP
25

***PLEASE DISREGARD. Wrong event used. Document to be submitted to clerk's office to be filed as a Complaint in Intervention.*** First MOTION to Intervene by Gina Hirsch. (Hamby, Michael) Modified on 6/11/2007 to add text regarding refiling of document and to terminate motion (mfr). (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

26

Intervenor COMPLAINT with jury demand against Defendant Mena SDI, L.L.C., filed by Gina Hirsch.(mfr) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

28

ORDER Cancelling Settlement Conference. Signed by Judge James R. Marschewski on July 24, 2007. (djm) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

29

CONSENT DECREE as set forth. The parties shall bear their own costs, including attorneys' fees. Signed by Judge Jimm Larry Hendren on August 6, 2007. (Attachments: # 1 Notice; # 2 Neutral reference)(mfr)

1 Notice

View on PACER

2 Neutral reference

View on PACER

Aug. 7, 2007

Aug. 7, 2007

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 12, 2006

Closing Date: Aug. 7, 2008

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

Mena SDI, L.L.C. (Mena, Arkansas), Private Entity/Person

Investments Holding, Inc. (Mena, Arkansas), 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: 75000

Order Duration: 2007 - 2008

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

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

Private Party intervened in EEOC suit