Case: EEOC v. Pepe's Mexican Restaurant

EEOC v. SAC Griffith Inc.

EEOC v. SAC Griffith Inc. d/b/a Pepe's Mexican Restaurant

EEOC v. SAC Griffith Inc. d/b/a Pepe's Mexican Restaurant

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT ( Number of Summon(es) issued: 1 ) Jury demand by: plaintiff (sda) (Entered: 09/03/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Johanna Philhower Maple (sda) (Entered: 09/20/2002)

ATTORNEY APPEARANCE for intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams by Beth A Hooton, Robert M Schwerd (sda) (Entered: 09/25/2002)

MOTION by intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams to intervene as plaintiffs (orig intervenor complaint housed in file) (sda) (Entered: 09/25/2002)

ATTORNEY APPEARANCE for defendant SAC Griffith Inc by Nick J Thiros (sda) (Entered: 10/01/2002)

ATTORNEY APPEARANCE for defendant SAC Griffith Inc by Nathaniel Ruff (sda) (Entered: 10/01/2002)

MOTION by defendant SAC Griffith Inc for additional time to answer or otherwise respond to plaintiff's complaint (Filed in Chambers on 9/30/02) (plm) (Entered: 10/17/2002)

ORDER by Mag Judge Theresa L. Springmann ;tele init pretrial conference 11:00 12/5/02 before Mag Judge Theresa L. Springmann; consent forms sent (cc: all counsel) (smb) (Entered: 10/10/2002)

ORDER by Judge James T. Moody Case reassigned to Judge Rudy Lozano (cc: all counsel) (plm) (Entered: 10/15/2002)

ANSWER by defendant SAC Griffith Inc to complaint [1-1] (plm) (Entered: 10/17/2002)

ORDER by Mag Judge Theresa L. Springmann granting motion to intervene as plaintiffs (orig intervenor complaint housed in file) [4-1] (cc: all counsel) (sda) (Entered: 10/21/2002)

INTERVENOR'S COMPLAINT by intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams (sda) (Entered: 10/21/2002)

SUMMONS issued as to defendant SAC Griffith Inc by Intervenor Plaintiffs (sda) (Entered: 10/21/2002)

ANSWER by defendant SAC Griffith Inc to complaint of Interveners [13-1] (sda) (Entered: 10/31/2002)

CONSENT to proceed before the Mag Judge filed by plaintiff EEOC, defendant SAC Griffith Inc, intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams (sda) (Entered: 10/31/2002)

MINUTE/NOTICE: upon consent of parties, this case transferred to Mag Judge Theresa L. Springmann for final disposition (cc: all counsel) (sda) (Entered: 10/31/2002)

RETURN OF SERVICE executed upon defendant SAC Griffith Inc on 10/28/02 (plm) (Entered: 11/12/2002)

REPORT of parties' planning meeting (sda) (Entered: 11/26/2002)

MINUTES:Tele initial PTC held before Mag Judge Theresa L. Springmann Dft's mtn to stay discovery due 12/31/02. TR26 initial disclosures will be due 30 days after ruling on mtn to stay ;Tele Pretrial conference set 10:30 2/27/03 before Mag Judge Theresa L. Springmann (cc: all counsel) (kjp) (Entered: 12/11/2002)

MOTION by plaintiff EEOC for leave to conduct limited discovery pending a decision on defendant's yet-to-be-filed Motion for a Stay of Discovery (sda) (Entered: 12/13/2002)

MEMORANDUM by plaintiff EEOC in support of motion for leave to conduct limited discovery pending a decision on defendant's yet-to-be- filed Motion for a Stay of Discovery [20-1] (sda) (Entered: 12/13/2002)

MOTION by intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams for joinder in to motion for leave to conduct limited discovery pending a decision on defendant's yet- to-be-filed Motion for a Stay of Discovery [20-1] (kwk) (Entered: 12/19/2002)

RESPONSE by defendant SAC Griffith Inc to motion for leave to conduct limited discovery pending a decision on defendant's yet-to-be- filed Motion for a Stay of Discovery [20-1] (kjp) (Entered: 01/06/2003)

MOTION to withdraw appearance Beth A Hooton for intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams (sda) (Entered: 01/10/2003)

REPLY by plaintiff EEOC to defendant's response to plaintiff's/intervening plaintiff's Motion for Discovery (sda) (Entered: 01/10/2003)

ORDER by Mag Judge Theresa L. Springmann granting motion to withdraw appearance Beth A Hooton for intervenor plaintiff Daisy Comer, intervenor plaintiff April Harris, intervenor plaintiff Suzanne Williams [24-1] attorney Beth A Hooton for Suzanne Williams, attorney Beth A Hooton for April Harris, attorney Beth A Hooton for Daisy Comer terminated (cc: all counsel) (sda) (Entered: 01/15/2003)

MINUTES: PTC held 2/27/03 before Mag Judge Theresa L. Springmann. Denying as moot plaintiff's motion for joinder in to motion for leave to conduct limited discovery pending a decision on defendant's yet-to-be- filed Motion for a Stay of Discovery [20-1] [22-1], denying as moot plaintiff's motion for leave to conduct limited discovery pending a decision on defendant's yet-to-be-filed Motion for a Stay of Discovery [20-1] denying defendant's motion for Protective Order with respect to discovery motions, without prejudice with leave to renew [23-1] ;amend to pleadings set 5/1/03 ; Discovery ddl set for 11/3/03 ;disp motion ddl set for 12/5/03; responses due 1/9/04; replies due 1/26/04 ; Jury trial set for 9:00 4/19/04 before Mag Judge Theresa L. Springmann ;Pretrial conference set 1:00 4/5/04 before Mag Judge Theresa L. Springmann ; contentions due 3/29/04 (cc: all counsel) (sda) Modified on 03/03/2003 (Entered: 03/03/2003)

MOTION by plaintiff EEOC to extend time to identify all class members (sda) (Entered: 04/01/2003)

MOTION by plaintiff EEOC to compel responses to interrogatories and production of documents (sda) (Entered: 04/21/2003)

INDEX OF EXHIBITS submitted by plaintiff EEOC in support of motion to compel responses to interrogatories and production of documents [29-1] (sda) (Entered: 04/21/2003)

MEMORANDUM by plaintiff EEOC in support of motion to compel responses to interrogatories and production of documents [29-1] (sda) (Entered: 04/21/2003)

MOTION by defendant to extend time to respond to Motion to Compel (sda) (Entered: 05/01/2003)

ORDER by Mag Judge Theresa L. Springmann granting defendant's motion to extend time to respond to Motion to Compel [32-1]. Defendant to file its Response to the Plaintiff EEOC's Motion to Compel by 5/12/03; Plaintiff EEOC shall file any Reply by 5/19/03. Setting hearing on motion to compel responses to interrogatories and production of documents [29-1] 10:00 5/21/03. Granting Plaintiff EEOC's motion to extend time to identify all class members, but withholds setting a new deadline until after the 5/21/03 Status Conference has been conducted. [28-1] (cc: all counsel) (sda) (Entered: 05/09/2003)

VERIFIED RESPONSE by defendant SAC Griffith Inc to motion to compel responses to interrogatories and production of documents [29-1] (plm) (Entered: 05/12/2003)

REPLY by plaintiff EEOC to response/opposition to motion to compel responses to interrogatories and production of documents [29-1] (sda) (Entered: 05/16/2003)

EXHIBITS by plaintiff EEOC to its reply in support of its motion to compel responses to interrogatories and production of documents [29-1] (sda) (Entered: 05/16/2003)

MINUTES: Telephonic conference held 5/21/03 before Mag Judge Theresa L. Springmann. Granting motion to compel responses to interrogatories and production of documents to 6/30/03 [29-1] granting motion to extend time to identify all class members to 8/29/03 [28-1]. status conference set for 10:00 10/16/03 before Mag Judge Theresa L. Springmann (cc: all counsel) (sda) (Entered: 05/22/2003)

ATTORNEY APPEARANCE for defendant SAC Griffith Inc by Richard P Long (sda) (Entered: 06/27/2003)

ATTORNEY APPEARANCE for defendant SAC Griffith Inc by Kurt C Meihofer (sda) (Entered: 06/27/2003)

ATTORNEY ADMISSION PRO HAC VICE approved by Court for defendant SAC Griffith Inc by Kurt C. Meihofer (sda) (Entered: 07/02/2003)

ORDER by Chief Judge Robert L. Miller Jr Case reassigned to Mag Judge Christopher A. Nuechterlein; all dates/ddl remain intact (cc: all counsel) (smb) (Entered: 07/17/2003)

ORDER by Mag Judge Christopher A. Nuechterlein ;teleph Status conference reset for 11:00 (EST) 10/16/03 before Mag Judge Christopher A. Nuechterlein (cc: all counsel) (smb) (Entered: 07/30/2003)

ATTORNEY APPEARANCE for intervenor plaintiff Tiana Wolak, intervenor plaintiff Karen Vilella by Robert M Schwerd (sda) (Entered: 08/21/2003)

MOTION by intervenor plaintiff Tiana Wolak, intervenor plaintiff Karen Vilella to intervene as plaintiffs against Defendant, SAC Griffith, Inc. (sda) (Entered: 08/21/2003)

MOTION to withdraw appearance Nick J Thiros for defendant SAC Griffith Inc (sda) (Entered: 09/08/2003)

MOTION by plaintiff EEOC for enlargement of time for completion of limited discovery (sda) (Entered: 09/10/2003)

EXHIBITS by plaintiff EEOC to motion for enlargement of time for completion of limited discovery [46-1] (sda) (Entered: 09/10/2003)

ORDER by Mag Judge Christopher A. Nuechterlein granting motion to withdraw appearance Nick J Thiros for defendant SAC Griffith Inc [45- 1] attorney Nick J Thiros for SAC Griffith Inc terminated (cc: all counsel) (sda) (Entered: 09/17/2003)

MOTION by plaintiff EEOC for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 , or in the alternative to compel complete answer to interrogatory No. 4 and Rule 26(a)(1)(A) disclosure and for a unilateral extension of the discovery deadline (sda) (Entered: 09/17/2003)

MEMORANDUM by plaintiff EEOC in support of motion for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49-1], of motion to compel complete answer to interrogatory No. 4 and Rule 26(a)(1)(A) disclosure and for a unilateral extension of the discovery deadline [49-2] (sda) (Entered: 09/17/2003)

RULE 37 Certification filed by plaintiff EEOC in support of motion #49 [49-1]. (sda) (Entered: 09/17/2003)

INDEX OF EXHIBITS by plaintiff EEOC to motion for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49-1], to motion to compel complete answer to interrogatory No. 4 and Rule 26(a)(1)(A) disclosure and for a unilateral extension of the discovery deadline [49-2] (sda) (Entered: 09/17/2003)

ORDER by Mag Judge Christopher A. Nuechterlein granting Plaintiff's motion to extend time in which to identify all class members [44-1]. The date by which Plaintiff must identify all class members is extended until 60 days after defendant provides plaintiff all info requested in the EEOC's First Interrogatories to defendant, Interrogatore No. 3 and all documents requested in the EEOC's First Request for Production of Documents, Request No. 2. (cc: all counsel) (sda) (Entered: 09/19/2003)

ORDER by Mag Judge Christopher A. Nuechterlein granting motion to intervene as plaintiffs against Defendant, SAC Griffith, Inc. [43-1] (cc: all counsel) (sda) (Entered: 09/19/2003)

INTERVENOR'S COMPLAINT by intervenor plaintiff Tiana Wolak, intervenor plaintiff Karen Vilella with jury demand (sda) (Entered: 09/19/2003)

RESPONSE by defendant SAC Griffith Inc to motion for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49-1] (sda) (Entered: 09/29/2003)

INDEX OF EXHIBITS by defendant SAC Griffith Inc in support of its response to plaintiff's motion for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49-1] (sda) (Entered: 09/29/2003)

AMENDED INITIAL DISCLOSURES by defendant SAC Griffith Inc (sda) (Entered: 09/29/2003)

INDEX OF EXHIBITS filed by plaintiff EEOC in support of its 9/17/03 Motion to Compel and for Sanctions [49-2], [49-1] (sda) (Entered: 10/03/2003)

REPLY by plaintiff EEOC to response/opposition to motion to compel complete answer to interrogatory No. 4 and Rule 26(a)(1)(A) disclosure and for a unilateral extension of the discovery deadline [49-2], and to motion for sanctions for defendant's failure to make timely full Rule 26 (a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49- 1] (sda) (Entered: 10/03/2003)

ORDER by Chief Judge Robert L. Miller Jr Case reassigned to Magistrate Paul R. Cherry; all dates/ddl remain intact (cc: all counsel) (smb) (Entered: 10/09/2003)

NOTICE: before Magistrate Paul R. Cherry ;teleph status conference reset for 10:00 10/22/03 before Magistrate Paul R. Cherry (cc: all counsel) (smb) (Entered: 10/10/2003)

MOTION by plaintiff & intervenor plaintiffs for protective order to prohibit defendant's taking further depositions of the named individuals (sda) Modified on 10/15/2003 (Entered: 10/15/2003)

MEMORANDUM by plaintiff & intervenor plaintiffs in support of motion for protective order to prohibit defendant's taking further depositions of the named individuals [64-1] (sda) Modified on 10/15/2003 (Entered: 10/15/2003)

INDEX of exhibits filed by plaintiff & intervenor plaintiffs in support of Motion for Protective Order [63-1] (sda) (Entered: 10/15/2003)

CERTIFICATION filed by plaintiff & intervenor plaintiffs in support of Motion for Protection Order [63-1] (sda) (Entered: 10/15/2003)

MINUTES: before Magistrate Paul R. Cherry granting plaintiff's motion for enlargement of time for completion of limited discovery [46-1]. The deadline to complete discovery relating to Defendant's financial condition is 1/15/04; to complete the deposition of Adolph Flores is 1/15/04; and the deadline to identify expert witnesses is 2/17/04. Plaintiff's Motion for Sancitions and Motion to Compel are taken under advisement. Intervenor Plaintiff's Motion for Protective Order is taken under advisement. (cc: all counsel) (sda) (Entered: 10/23/2003)

RESPONSE by defendant SAC Griffith Inc to motion for protective order to prohibit defendant's taking further depositions of the named individuals [63-1] (sda) (Entered: 10/24/2003)

ORDER by Magistrate Paul R. Cherry [63-1]. The Court denies the Plaintiffs' Motion for a Protective Order in so far as it requests an order prohibiting Pepe's from taking depositions of Daisy Comer, April Harris, Suzanne Goheen, and Karen McBride and denies the Plaintiffs' Motion to preclude Pepe's from using the 7/9/03 depositions in this matter for any purpose. The Court orders that the 7/9/03 depositions are admissible in this action to the extent permitted by FRCP 32(a).(cc: all counsel) (sda) (Entered: 10/28/2003)

ORDER by Magistrate Paul R. Cherry denying EEOC's motion for sanctions for defendant's failure to make timely full Rule 26(a)(1)(A) disclosures and failure to answer fully interrogatory No.4 [49-1]. Denying as Moot as to the EEOC's motion to compel and granting as to the Unilateral Extension of the Discovery Deadline. [49-2] ; The Court orders that the prior scheduling order entered on 2/27/03 be modified as follows: Discovery ddl set for 12/5/03 ; dispositive motion ddl set for 1/5/04 ;Pretrial conference 1:00 4/5/04 before Magistrate Paul R. Cherry and the Jury trial set for 9:00 4/19/04 before Magistrate Paul R. Cherry remain intact; telephonic hearing set for 2:00 11/19/03 before Magistrate Paul R. Cherry (cc: all counsel) (sda) (Entered: 10/28/2003)

ATTORNEY APPEARANCE for plaintiff EEOC by Nancy Dean Edmonds (sda) (Entered: 10/29/2003)

MOTION for Extension of Time to Conduct Discovery by Defendant SAC Griffith Inc. (sda, ) (Entered: 11/03/2003)

MEMORANDUM in Support of MOTION for Extension of Time to Conduct Discovery filed by SAC Griffith Inc. (sda, ) (Entered: 11/03/2003)

MOTION to Stay Civil Proceedings by Defendant SAC Griffith Inc. (sda, ) (Entered: 11/04/2003)

IDENTIFICATION of Class Members filed by Plaintiff Equal Employment Opportunity Commission.(sda, ) Modified on 11/17/2003 (sda, ). (Entered: 11/14/2003)

RESPONSE in Opposition re 74 Defendant's Motion to Stay filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits 1 & 2)(sda, ) (Entered: 11/18/2003)

RESPONSE in Opposition to Defendant's 72 MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 through 12)(sda, ) (Entered: 11/20/2003)

Minute Entry for proceedings held before Judge Paul R Cherry : Telephonic Motion Hearing held on 11/19/2003 with Atnys Maple, Meihofer, Schwerd. Argument heard re 72 MOTION for Extension of Time to Complete Discovery filed by SAC Griffith Inc, and EEOC's request for Rule 37(a)(4)(A) sanctions against Pepes. Issues taken under advisement; Pltf given to 11/24/03 in which to reply to Dfns Motion to Stay filed 11/3/03 re 74. All other pretiral and trial settings remain intact at this time. (smb, ) (Entered: 11/25/2003)

ORDER granting 72 Defendant's MOTION for Extension of Time to Complete Discovery filed by SAC Griffith Inc. Discovery Deadline extended to 12/31/2003. The Court denies the Plaintiff's request for Rule 37(a)(4)(A) sanctions requested in [DE60]. Signed by Judge Paul R Cherry on 11/24/03. (sda, ) (Entered: 11/26/2003)

ORDER denying 74 Defendant SAC Griffith, Inc.'s Motion to Stay Civil Proceedings. Signed by Judge Paul R Cherry on 12/12/03. (sda, ) (Entered: 12/17/2003)

NOTICE of Appearance by Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (sda, ) (Entered: 01/12/2004)

NOTICE of Appearance by Kenneth L Bird on behalf of Equal Employment Opportunity Commission (sda, ) (Entered: 03/04/2004)

Set/Reset Hearings: At request of Intervenor Pltfs, and without objection, theFinal Pretrial Conference set for 1:00 4/5/04 is RESCHEDULED to 4/1/2004 11:30 AM in Hammond before Magistrate Judge Paul R Cherry. Parties are to file a complete PTO, any necesary trial briefs, written mtn(s) in limine, if any, final jury instructions provided on disk/latest WP version, and any proposed voir dire at the time of the Final PTC. (smb) (Entered: 03/12/2004)

MOTION in Limine to Prevent Evidence of or Reference to Drugs by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/01/2004)

MEMORANDUM in Support of 83 MOTION in Limine to Prevent Evidence of or Reference to Drugs filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/01/2004)

STATEMENT Appendix in Support re 83 MOTION in Limine to Prevent Evidence of or Reference to Drugs , 84 Memorandum in Support filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/01/2004)

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/01/2004)

Proposed Voir Dire by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/01/2004)

Proposed Jury Instructions by Daisy Comer, April Harris, Karen Vilella, Suzanne Williams, Tiana Wolak. (Schwerd, Robert) (Entered: 04/01/2004)

Proposed Voir Dire by Daisy Comer, April Harris, Karen Vilella, Suzanne Williams, Tiana Wolak. (Schwerd, Robert) (Entered: 04/01/2004)

MOTION in Limine to Prevent Evidence or Reference to Drugs by Intervenor Plaintiffs Daisy Comer, April Harris, Karen Vilella, Suzanne Williams, Tiana Wolak. (Schwerd, Robert) (Entered: 04/01/2004)

SEALED MOTION IN LIMINE by Intervenor Plaintiffs Daisy Comer, April Harris, Karen Vilella, Suzanne Williams, Tiana Wolak. (Schwerd, Robert) (Entered: 04/01/2004)

Final Pretrial Conference held on 4/1/2004 before Mag Judge Paul R Cherry. Pltf by Jo Ann Farnsworth, K Bird; Intervenor by R Schwerd. Dfns by K Meihofer, N Ruff. Discussion held on remaining issues in case. Response Briefs to all mtns in limine due 4/12/04. Proposed Pretrial Order submitted for approval. Dft to provide more specific and identifiable list of trial exhibit(s)to Pltf as directed in open Court. Trial reaffirmed for 8:30 4/19/04 for jury selection. Parties to notify Court of any settlement no later than April 15 otherwise be subject to jury costs. Parties agree to meet immediately following this conference to discuss settlement. (smb) (Entered: 04/01/2004)

Minute Entry: Settlement negotiations undertaken by the parties w/out the Court's intervention. Parties advise Court of tentative settlement subject to their clients' approval. Plaintiffs anticipate filing consent decree and/or dismissal on or before 4/9/04. The trial date of 4/19/04 remains INTACT pending receipt of settlement documentation. (smb) (Entered: 04/01/2004)

SEALED MOTION consisting of Motion, Memo in Support & Affidavit by Plaintiff Equal Employment Opportunity Commission. (sda, ) (Entered: 04/01/2004)

MOTION to Seal Document [95] SEALED MOTION by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/05/2004)

JOINT MOTION to Approve and enter Consent Decree by Parties.(sda, ) (Entered: 04/07/2004)

ORDER granting 96 Motion to Seal Document [95] SEALED MOTION . Signed by Judge Paul R Cherry on 4/6/04. (sda, ) (Entered: 04/07/2004)

CONSENT DECREE ENTERED, ***Civil Case Terminated. Signed by Judge Paul R Cherry on 4/7/04. (sda, ) (Entered: 04/09/2004)