Case: EEOC v. Kentucky Fried Chicken

1:02-cv-05677 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 9, 2002

Closed Date: Dec. 16, 2002

Clearinghouse coding complete

Case Summary

On August 9, 2002, an individual brought suit in the U.S. District Court for the Northern District of Illinois against Kentucky Fried Chicken of America ("KFC") alleging unlawful discrimination in violation of Title I of the American Disabilities Act, as amended, 42 U.S.C. § 12101. Plaintiff was hired by KFC through the Illinois Mental Program. Plaintiff alleged he was subjected to a continuous course of threats, comments, insults, ridicule, and harassment, including mistreatment at work and p…

On August 9, 2002, an individual brought suit in the U.S. District Court for the Northern District of Illinois against Kentucky Fried Chicken of America ("KFC") alleging unlawful discrimination in violation of Title I of the American Disabilities Act, as amended, 42 U.S.C. § 12101.

Plaintiff was hired by KFC through the Illinois Mental Program. Plaintiff alleged he was subjected to a continuous course of threats, comments, insults, ridicule, and harassment, including mistreatment at work and phone calls and personal threats to him and his family while plaintiff was at home.

According to the complaint, the plaintiff notified the store's regional manager of the threats and misconduct but he local managers and employees continued to make threatening comments. On June 25, 2002, the plaintiff alleged he was forced to quit due to the harassing conditions at the restaurant and KFC's failure to correct the harassment.

The Equal Employment Opportunity Commission issued a Notice of Right to Sue on July 11, 2002. The plaintiff brought suit and sought a permanent injunction restraining KFC from engaging in unlawful discrimination based on disability.

On December 16 2002, Judge George W. Lindberg dismissed the action on plaintiff's voluntary motion under Federal Rule of Civil Procedure 41(1), with prejudice.

Summary Authors

Silke Watson (12/5/2013)

People


Judge(s)
Attorney for Plaintiff

Canela, Terrence F. (Illinois)

Kane, Lisa R. (Illinois)

Leonard, Zacharias C. (Illinois)

Attorney for Defendant

Cowan, Rachel (Illinois)

Jachimiak, Tanya L. (Illinois)

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Documents in the Clearinghouse

Document

1:02-cv-05677

Docket {PACER}

Miles v. KFC of America Inc.

Aug. 9, 2002

Aug. 9, 2002

Docket
1

1:02-cv-05677

Complaint

Miles v. KFC of America, Inc.

Aug. 9, 2002

Aug. 9, 2002

Complaint
11

1:02-cv-05677

Order [Dismissal]

Miles v. Kentucky Fried Chicken of America, Inc.

Dec. 16, 2002

Dec. 16, 2002

Order/Opinion

Docket

Last updated Jan. 23, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link

RECEIPT regarding payment of filing fee paid; on 08/09/02 in the amount of $150.00, receipt # 1081742. (mw) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

1

COMPLAINT (Attachments); Jury demand − Civil cover sheet − Appearance(s) of Terrence F Canela, Kevin R. Vodak, Zacharias C. Leonard, Janice A. Wegner, Lisa R. Kane as attorney(s) for plaintiff (Original and one copy summons(es) issued.) (Documents: 1 − 1 through 1 − 4). (mw) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

SCHEDULE set on 8/12/02 by Hon. George W. Lindberg : Status hearing set to 9:30 10/23/02 . Mailed notice (slb) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

2

RETURN OF SERVICE executed 8/15/02 as to defendant KFC of Amer Inc. (fce) (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

4

UNOPPOSED MOTION by defendant for extension of time to file its answer ; Notice. (fce) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

3

ATTORNEY APPEARANCE for KFC of Amer Inc by Tanya L. Jachimiak (fce) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

6

ATTORNEY APPEARANCE for defendant by Eric J. Pelton, Rachel Cowan. (ntf) (Entered: 09/09/2002)

Sept. 5, 2002

Sept. 5, 2002

5

ANSWER and affirmative defenses by defendant to complaint [1 − 1]. (ntf) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

SCHEDULE set on 9/23/02 by Hon. George W. Lindberg : Status hearing reset to 9:30 10/24/02 . Mailed notice (slb) (Entered: 09/23/2002)

Sept. 23, 2002

Sept. 23, 2002

7

MINUTE ORDER of 10/30/02 by Hon. George W. Lindberg : Status hearing held and continued to 11/21/02 at 9:30 a.m. Trial set for 06/02/03 at 10:00 a.m. Discovery cutoff set for 03/05/03. Motion for summary judgment due 03/19/03. Response due 04/02/03 to the motion for summary judgment. Reply due 04/09/03. Ruling set for 03/07/03. Proposed final pretrial order to be submitted to chambers on 05/27/03 at 10:00 a.m. Mailed notice (gcy) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

9

MINUTE ORDER of 11/18/02 by Hon. George W. Lindberg : Answer brief to motion to dismiss or stay action pending arbitration [8 − 1] due 12/06/02. Reply to answer brief due 12/13/02. Ruling on defendant's motion to dismiss or stay action pending arbitration set for 01/15/03 at 9:45 a.m. Mailed notice. (gcy) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

8

MOTION by defendant to dismiss , or to stay action pending arbitration ; Memorandum of law in support (Attachments); Notice. (gcy) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

10

EXPEDITED REFERRAL ORDER: Case referred to Hon. Martin C. Ashman for settlement conference. Mailed notice. (slb) (Entered: 11/21/2002)

Nov. 21, 2002

Nov. 21, 2002

SCHEDULE set on 11/21/02 by Hon. George W. Lindberg : Status hearing held and continued to January 15, 2003 at 9:30a.m. No notice (slb) (Entered: 11/21/2002)

Nov. 21, 2002

Nov. 21, 2002

SCHEDULE set on 12/2/02 by Hon. Martin C. Ashman : Settlement conference set for 2:00 1/10/03 in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see attached standing order). Mailed notice (is) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

12

STIPULATION by parties to dismiss with prejudice. (gcy) (Entered: 12/17/2002)

Dec. 13, 2002

Dec. 13, 2002

11

MINUTE ORDER of 12/16/02 by Hon. George W. Lindberg: By stipulation of the parties this action is dismissed with prejudice pursuant to Rule 41(a)(1), all parties to bear their own costs and fees. Status hearing date is stricken. Terminating the case referral to Hon. Martin C. Ashman regarding [8 − 1], regarding [8 − 2]. Terminating case. Mailed notice (gcy) (Entered: 12/16/2002)

Dec. 16, 2002

Dec. 16, 2002

SCHEDULE set on 1/9/03 by Hon. Martin C. Ashman : Settlement conference is stricken. No notice (is) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 9, 2002

Closing Date: Dec. 16, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally handicapped individual brought suit against restaurant franchise alleging harassment and causing an effective discharge, since plaintiff was forced to quit work due to the harassing work conditions.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kentucky Fried Chicken of America, Inc. (Cook), 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)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Disability and Disability Rights:

Mental impairment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race:

Race, unspecified

Affected Sex or Gender:

Male