Case: EEOC v. TACO BELL, INC., dba TACO BELL EXPRESS & DOUBLE-D

4:97-cv-04160 | U.S. District Court for the District of South Dakota

Filed Date: July 31, 1997

Closed Date: Sept. 8, 1998

Clearinghouse coding complete

Case Summary

The EEOC's Denver office filed this suit on July 31, 1997 in the U.S. District Court for the District of South Dakota against Taco Bell, Inc. and Double-D Inc. The complaint alleged that the defendants violated Title VII of the Civil Rights Act by subjecting female employees to sexual harassment. Both defendants filed motions for summary judgment which were subsequently denied. The parties stipulated to the dismissal of defendant Double-D on August 18, 1998 and the court ordered the dismissal that day. The trial was held in August 1998. The jury returned a verdict in favor of Taco Bell. The EEOC's subsequent motions new trial and judgment notwithstanding the verdict were denied.

Summary Authors

Jason Chester (2/7/2008)

Documents in the Clearinghouse

Document

4:97-cv-04160

Docket

EEOC v. Taco Bell, Inc.

June 27, 2006

June 27, 2006

Docket
1

4:97-cv-04160

Complaint and Jury Trial Demand

EEOC v. Taco Bell, Inc.

July 31, 1997

July 31, 1997

Complaint
6

4:97-cv-04160

Amended Complaint and Jury Trial Demand

EEOC v. Taco Bell, Inc.

Sept. 22, 1997

Sept. 22, 1997

Complaint
78

4:97-cv-04160

Order [re: Summary Judgment]

EEOC v. Taco Bell, Inc.

July 7, 1998

July 7, 1998

Order/Opinion
130

4:97-cv-04160

Order of Dismissal with Prejudice as to Defendant Double-D., Inc.

EEOC v. Taco Bell, Inc.

Aug. 18, 1998

Aug. 18, 1998

Order/Opinion
144

4:97-cv-04160

Judgment on Jury Verdict

EEOC v. Taco Bell, Inc.

Sept. 8, 1998

Sept. 8, 1998

Order/Opinion
154

4:97-cv-04160

Order on Post-Trial Motions

EEOC v. Taco Bell, Inc.

Dec. 17, 1998

Dec. 17, 1998

Order/Opinion

Resources

Docket

Last updated March 26, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: no summons(es) issued (plaintiffs advise of proceeding by waiver of summons); jury demand (SKM) (Entered: 07/31/1997)

July 31, 1997

July 31, 1997

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2

CIVIL COVER SHEET (SKM) (Entered: 07/31/1997)

July 31, 1997

July 31, 1997

3

NOTICE of Lawsuit and request for waiver of service of summons by plaintiff EEOC (DLS) (Entered: 09/18/1997)

Sept. 18, 1997

Sept. 18, 1997

4

NOTICE of Lawsuit and request for waiver of service of summons by plaintiff EEOC (DLS) (Entered: 09/18/1997)

Sept. 18, 1997

Sept. 18, 1997

5

WAIVER Of Service by defendant Double-D Inc. on 9/4/97 (DLS) (Entered: 09/18/1997)

Sept. 18, 1997

Sept. 18, 1997

7

ANSWER by defendant Taco Bell, Inc. to Amended Complaint [6-1] (SKM) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

Clearinghouse
8

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SKM) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

9

WAIVER Of Service by defendant Taco Bell, Inc. on 9/15/97 (SKM) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

10

ANSWER by defendant Double-D Inc. to Amended Complaint [6-1]; jury demand (SKM) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

Clearinghouse

PRO HAC VICE fee paid by Larkin, Hoffman for Christopher Harristhal (SKM) (Entered: 10/16/1997)

Oct. 6, 1997

Oct. 6, 1997

11

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SKM) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

12

MOTION for attorney Christopher J. Harristhal to appear pro hac vice by defendant Taco Bell, Inc. (SKM) (Entered: 10/16/1997)

Oct. 14, 1997

Oct. 14, 1997

12

ORDER by Lawrence L. Piersol granting motion for attorney Christopher J. Harristhal to appear pro hac vice [12-1] (cc:all counsel) (SKM) (Entered: 10/16/1997)

Oct. 14, 1997

Oct. 14, 1997

13

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (SLL) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

14

RULE 26 Initial Disclosures by defendant Double-D Inc. (FE) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

15

Form 35 Report Of Parties Planning Meeting re [13-1] (FE) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

16

CERTIFICATE OF MAILING by defendant Double-D Inc. (FE) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

17

RULE 26 Disclosures by defendant Taco Bell, Inc. (SLL) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

18

ATTORNEY APPEARANCE of Mia E. Bitterman for plaintiff EEOC ; attorney Mia E. Bitterman added (SLL) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

19

MINUTES RE: telephone conference re: scheduling order before the Hon. Lawrence L. Piersol, District Judge, Sioux Falls (JMM) (Entered: 12/16/1997)

Dec. 16, 1997

Dec. 16, 1997

20

RULE 16 SCHEDULING ORDER by Lawrence L. Piersol; Discovery ddl set for 4/30/98; mtn filing ddl set for 5/15/98; motions hearing and pretrial conference set for 1:30 7/13/98; jury trial set for 9:30 8/11/98 (cc: all counsel) (SKM) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

21

Supplement to Form 35 Report Of Parties Planning Meeting re [13-1] (SLL) (Entered: 12/24/1997)

Dec. 24, 1997

Dec. 24, 1997

23

NOTICE by plaintiff EEOC of taking deposition of Mary Jane Skaff on 3/17/98 at 3:00 pm (SLL) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

24

NOTICE by plaintiff EEOC of taking deposition of Mark Mueller on 3/20/98 at 9:00 am (SLL) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

25

NOTICE by plaintiff EEOC of taking deposition of Lisa Goeman on 3/20/98 at 11:00 am (SLL) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

26

NOTICE by plaintiff EEOC of taking deposition of Kelly Dwight Brady on 3/19/98 at 4:00 pm (SLL) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

27

NOTICE by plaintiff EEOC of taking deposition of Laura Wolmutt on March 17, 1998, at 9:00 AM (FE) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

28

NOTICE by plaintiff EEOC of taking deposition of Patrick Boll on March 17, 1998, at 10:30 AM (FE) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

29

NOTICE by plaintiff EEOC of taking deposition of Sandra Higgins on 3/20/98 at 2:00 pm (FE) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

30

SUPPLEMENTAL DISCLOSURE STATEMENT PURSUANT TO F.R.C.P. 26(A)(1) by defendant Double-D Inc. re discovery [14-1] (FE) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

31

CERTIFICATE OF SERVICE by defendant Double-D Inc. (FE) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

32

NOTICE by plaintiff EEOC of taking deposition of Bill (William) Traynor on 4/29/98 (SKM) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

33

MOTION for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents by plaintiff EEOC (SKM) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

34

AFFIDAVIT of Nelson Alston in support of motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (SKM) (Entered: 04/27/1998)

April 27, 1998

April 27, 1998

35

AMENDED NOTICE by plaintiff EEOC of taking deposition of Bill (William) Traynor on 4/30/98 (SKM) (Entered: 04/27/1998)

April 27, 1998

April 27, 1998

36

RESPONSE by defendant Taco Bell, Inc. to motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (FE) (Entered: 05/05/1998)

April 27, 1998

April 27, 1998

37

REPLY by plaintiff EEOC to response to motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1]; reply to Defendant Taco Bell's assertion that 3rd set of discovery was not timely served and Plaintiff has exceeded limit of 10 depositions [36-1] (FE) (Entered: 05/05/1998)

May 1, 1998

May 1, 1998

SEE VOLUME II (FE) (Entered: 05/05/1998)

May 2, 1998

May 2, 1998

VOLUME II (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

38

MOTION to quash Subpoena , and for hearing on motion to quash by Interested Party Sioux Falls, City of (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

39

MEMORANDUM/BRIEF by Interested Party Sioux Falls, City of in support of motion to quash Subpoena [38-1], of motion for hearing on motion to quash [38-2] (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

40

CERTIFICATE OF SERVICE by Interested Party Sioux Falls, City of (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

41

ORDER by Lawrence L. Piersol re: Stipulation for Protective Order and Protective Order, no basis has been established to show why file should be sealed, Court must be presented with factual basis and legal basis for consideration before file closed to public inspection (cc:all counsel) (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

42

JOINDER by defendant Double-D Inc. joining in Response to motion [DOC 36] (FE) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

43

DEPOSITION QUESTIONS for William Traynor (JMM) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

44

CERTIFICATE OF SERVICE by defendant Double-D Inc. (JMM) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

45

MOTION for summary judgment by defendant Taco Bell, Inc. (SLL) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

46

MEMORANDUM by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SLL) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

47

STATEMENT of Undisputed Material Facts by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SLL) Modified on 05/15/1998 (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

48

AFFIDAVIT of service via Federal Express (SLL) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

49

MOTION for summary judgment by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

50

STATEMENT of Undisputed Material Facts by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

51

MEMORANDUM of Law by defendant Double-D Inc. in support of motion for summary judgment [49-1] (SKM) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

52

CERTIFICATE OF SERVICE by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

53

ORDER by Mag Judge Mark F. Marshall; telephone hearing set for 5/28/98 2:00 before Mag. Mark F. Marshall (cc:all counsel) (SKM) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

55

AMENDED RULE 16 SCHEDULING ORDER by Lawrence L. Piersol ; Motion hearing and Pretrial conference 7/6/98 at 2:30; Jury trial 8/11/98 at 9:30 (cc:all counsel) (SLL) (Entered: 05/29/1998)

May 29, 1998

May 29, 1998

56

ORDER by Mag Judge Mark F. Marshall granting motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (cc:all counsel) (DLS) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

57

Memorandum of Law in RESPONSE by defendant Double-D Inc. to motion for summary judgment as to employer's status [45-1] (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

58

MOTION to strike Defendant Taco Bell's Motion for Summary Judgment and Defendant Double-D's Motion for Summary Judgment by plaintiff EEOC (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

59

MOTION for leave to exceed 25 page limit for briefs in opposition to Defendants' Motions for Summary Judgment by plaintiff EEOC (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

60

STATEMENT OF DISPUTED MATERIAL FACTS by plaintiff EEOC in support of [58-1] (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

61

RESPONSE by plaintiff EEOC to Defendant Taco Bell's Statement of Undisputed Material Facts [47-1] (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

62

RESPONSE by plaintiff EEOC to Defendant Double-D's Statement of Undisputed Material Facts [50-1] (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

63

MEMORANDUM/BRIEF by plaintiff EEOC in opposition to Double-D's motion for summary judgment [49-1], and in opposition to Taco Bell's motion for summary judgment [45-1] (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

64

AFFIDAVIT of Nelson G. Alston re in Support of Plaintiff's Brief in Opposition to Defendants' Motion for Summary Judgment [63-1] with attached exhibits (IN EXPANDO) (FE) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

65

ORDER by Lawrence L. Piersol granting motion for leave to exceed 25 page limit for briefs in opposition to Defendants' Motions for Summary Judgment [59-1] (cc:all counsel) (DLS) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

66

MEMORANDUM by defendant Taco Bell, Inc. in partial opposition to motion for summary judgment [49-1] (SLL) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

67

AFFIDAVIT of Service Via Federal Express Mail (SLL) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

SEE VOLUME III (SKM) (Entered: 06/16/1998)

June 10, 1998

June 10, 1998

VOLUME III (SKM) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

68

REPLY MEMORANDUM by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SKM) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

69

REPLY Brief by defendant Double-D Inc. re [63-1] (SKM) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

71

AFFIDAVIT of Scott D. Kading in support of defendant Double-D brief in support of motion for summary judgment [51-1] (SKM) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

72

CERTIFICATE OF SERVICE (Mailing) by defendant Double-D Inc. (SKM) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

73

SUPPLEMENTAL Memorandum of Law in Support by defendant Double-D Inc. re motion for summary judgment [49-1] (SLL) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

74

SUPPLEMENTAL Memorandum of Law in Support (Oral Argument Requested) by defendant Taco Bell, Inc. re motion for summary judgment [45-1] (SLL) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

75

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SLL) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

76

CERTIFICATE OF SERVICE by plaintiff EEOC (SLL) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

77

MINUTES RE: motion hearing and pretrial conference before the Hon. Lawrence L. Piersol, District Judge, Sioux Falls, SD (DLS) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

78

ORDER by Lawrence L. Piersol denying motion to strike Defendant Taco Bell's Motion for Summary Judgment and Defendant Double-D's Motion for Summary Judgment [58-1] denying motion for summary judgment [45-1] denying motion for summary judgment [49-1]; Court's Amended Rule 16 Scheduling Order filed 5/29/98 remains in effect (cc:all counsel) (SLL) (Entered: 07/08/1998)

July 7, 1998

July 7, 1998

Clearinghouse
79

MOTION to sequester all witnesses by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

80

MOTION in limine re previous sexual harassment complaints/allegations filed by current/past employees other than the charging parties , in limine re punitive damages by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

81

MEMORANDUM by defendant Double-D Inc. in support of motion in limine re previous sexual harassment complaints/allegations filed by current/past employees other than the charging parties [80-1], of motion in limine re punitive damages [80-2] (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

82

CERTIFICATE OF SERVICE by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

83

EXHIBIT LIST by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

84

WITNESS LIST submitted by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

85

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

86

TRIAL EXHIBIT LIST by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

87

TRIAL WITNESS LIST submitted by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

89

REQUEST FOR JUDICIAL NOTICE that Cinnabon is whole separate entity from Defendants by plaintiff EEOC for (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

90

MOTION in limine to exclude testimony of Ray Schmidt and other prior employment evidence as untimely, irrelevant, improper character evidence and unfairly prejudicial by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

90

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude testimony of Ray Schmidt and other prior employment evidence as untimely, irrelevant, improper character evidence and unfairly prejudicial [90-1] (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

91

MOTION in limine to exclude use of any Cinnabon Corporate Policies by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

91

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude use of any Cinnabon Corporate Policies [91-1] (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

92

MOTION in limine to exclude introduction into evidence of State Agency Determination of "No Cause" by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

92

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude introduction into evidence of State Agency Determination of "No Cause" [92-1] (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

93

MOTION in limine to exclude use of inadmissible character evidence by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

93

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude use of inadmissible character evidence [93-1] (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

94

MOTION for leave to use Depositions of Lisa Goeman and William Traynor at trial by plaintiff EEOC (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

94

MEMORANDUM OF LAW by plaintiff EEOC in support of motion for leave to use Depositions of Lisa Goeman and William Traynor at trial [94-1] (FE) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

Case Details

State / Territory: South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 31, 1997

Closing Date: Sept. 8, 1998

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

Double-D Inc. (Sioux Falls, SD), Private Entity/Person

Taco Bell, Inc. (Sioux Falls, South Dakota), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits