Case: EEOC v. Loaf 'N Jug / Mini Mart, Inc.

1:05-cv-01880 | U.S. District Court for the District of Colorado

Filed Date: Sept. 28, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Denver Office of the EEOC brought this action in the U.S. District Court for the District of Colorado, against Mini Mart, Inc. d/b/a Loaf'N Jug, a national convenience store chain that is part of the Kroger Company. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant had subjected the charging parties to sexual harassment and then discharged them in retaliation for complaining about the har…

The Denver Office of the EEOC brought this action in the U.S. District Court for the District of Colorado, against Mini Mart, Inc. d/b/a Loaf'N Jug, a national convenience store chain that is part of the Kroger Company. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant had subjected the charging parties to sexual harassment and then discharged them in retaliation for complaining about the harassment.

The charging parties intervened in December 2005, and in May 2006 the parties entered into a consent decree. The decree was valid for three years and required Defendant to pay a total of $225,000 ($100,000 to each of the charging parties and $25,000 to another female employee). Defendant was enjoined from discrimination or retaliation in violation of Title VII and required to provide Title VII training to its employees, post and distribute a notice of non-discrimination at its facility, and report to the EEOC semi-annually about any sexual harassment complaints. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Shankar Viswanathan (7/12/2007)

Clearinghouse (6/13/2017)

Documents in the Clearinghouse

Document

1:05-cv-01880

Docket (PACER)

Equal Employment Opportunity Commission v. Mini Mart, Inc.

May 26, 2006

May 26, 2006

Docket
1-1

1:05-cv-01880

Complaint

Equal Employment Opportunity Commission v. Mini Mart, Inc.

Sept. 28, 2005

Sept. 28, 2005

Complaint
7

1:05-cv-01880

Intervenor's Complaint

Equal Employment Opportunity Commission v. Mini Mart, Inc.

Dec. 7, 2005

Dec. 7, 2005

Complaint
49

1:05-cv-01880

Consent Decree

Equal Employment Opportunity Commission v. Mini Mart, Inc.

May 23, 2006

May 23, 2006

Settlement Agreement
50

1:05-cv-01880

Order of Dismissal [in part]

Equal Employment Opportunity Commission v. Mini Mart, Inc.

May 24, 2006

May 24, 2006

Order/Opinion
51

1:05-cv-01880

Judgment

Equal Employment Opportunity Commission v. Mini Mart, Inc.

May 26, 2006

May 26, 2006

Order/Opinion

1:05-cv-01880

EEOC Litigation Settlements - May 2006

EEOC v. Mini Mart, Inc., d/b/a Loaf 'N Jug

No Court

Aug. 14, 2006

Aug. 14, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4721955/equal-employment-opportunity-commission-v-mini-mart-inc/

Last updated Feb. 9, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and jury trial demand against Mini Mart, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(bpm, ) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Mini Mart, Inc. waiver sent on 10/4/2005, answer due 12/5/2005. (Kelotra, Anjuli) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

3

ANSWER to Complaint by Mini Mart, Inc..(Volin, Andrew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

4

CORPORATE DISCLOSURE STATEMENT by Defendant Mini Mart, Inc.. (Volin, Andrew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

5

ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Babcock. (gms, ) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

6

Proposed INTERVENOR COMPLAINT against Mini-Mart, Inc. d/b/a Loaf 'N Jug , filed by Suzanne L. Diesing, Sarah Short. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Intervention)(Gilmartin, Stephen) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

8

Minute ORDER granting 7 Motion to Intervene as of Right, by Judge Lewis T. Babcock on 12/7/05. (emksl, )

Dec. 7, 2005

Dec. 7, 2005

RECAP
11

ORDER: Scheduling Conference set for 1/19/2006 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 12/7/05. (emksl, )

Dec. 7, 2005

Dec. 7, 2005

RECAP
7

Proposed MOTION to Intervene by Interested Parties Suzanne L. Diesing, Sarah Short. (Attachments: # 1 Proposed Document Complaint in Intervention and Jury Demand# 2 Proposed Order (PDF Only) Proposed Order Granting Intervention)(Gilmartin, Stephen) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

9

INTERVENOR COMPLAINT against Mini-Mart, filed by Suzanne L. Diesing and Sarah Short, pursuant to Minute Order of 12/7/05.(emksl, ) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

10

Docket Annotation re: 6 Intervenor Complaint. This document is actually the motion to intervene, not a complaint in intervention. Counsel re-file dusing the appropriate event (Doc #7). Text only entry - no document attached. (gms, ) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

12

NOTICE of Entry of Appearance by Raymond Myles Deeny on behalf of Mini Mart, Inc. (Deeny, Raymond) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

13

ANSWER to Intervenor Complaint by Mini Mart, Inc..(Volin, Andrew) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

14

Unopposed MOTION for Protective Order by Defendant Mini Mart, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Volin, Andrew) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

15

MEMORANDUM referring to Magistrate Judge Watanabe : 14 Unopposed MOTION for Protective Order filed by Mini Mart, Inc., by Judge Lewis T. Babcock on 1/9/06. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

16

MINUTE ORDER granting 14 Defendant's Unopposed Motion for Protective Order, by Magistrate Judge Michael J. Watanabe on 1/10/06. (emksl, )

Jan. 10, 2006

Jan. 10, 2006

RECAP
17

STIPULATED PROTECTIVE ORDER pursuant to Minute Order of 1/10/06. Signed by Magistrate Judge Michael J. Watanabe on 1/10/06. (emksl, )

Jan. 10, 2006

Jan. 10, 2006

RECAP
18

Proposed Scheduling Order by Intervenor Plaintiffs Suzanne L. Diesing, Sarah Short, Plaintiff Equal Employment Opportunity Commission, Defendants Mini Mart, Inc., Mini Mart, Inc.. (Rogers, Kim) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

19

Unopposed MOTION For Extension of Time to File Initial Disclosures by Intervenor Plaintiffs Suzanne L. Diesing, Sarah Short. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Gilmartin, Stephen) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

23

ORDER granting the 19 Unopposed MOTION For Extension of Time to File Initial Disclosures filed by Sarah Short and Suzanne L. Diesing. Signed by Magistrate Judge Michael J. Watanabe on 1/18/06. (emksl, )

Jan. 18, 2006

Jan. 18, 2006

RECAP
20

MEMORANDUM referring to Magistrate Judge Watanabe : 19 Unopposed MOTION For Extension of Time to File Initial Disclosures filed by Sarah Short, Suzanne L. Diesing, by Judge Lewis T. Babcock on 1/18/06. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 01/19/2006)

Jan. 18, 2006

Jan. 18, 2006

21

Minute Entry/Minute Order for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 1/19/2006. Discovery due by 7/19/2006. Dispositive Motions due by 9/1/2006. Confidential settlement statements due 5/1/2006. Settlement Conference set for 5/4/2006 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 10/30/2006. Final Pretrial Conference set for 11/3/2006 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Trial Preparation Conference set for 5/9/2007 at 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Jury Trial set for 6/5/2007 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Unopposed motion for extension of time to file initial disclosures (19) is granted.(Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

22

ORDER granting Motion for Extension of Time 19 pursuant to the courtroom minutes/minute order of 1/19/2006. Entered by Magistrate Judge Michael J. Watanabe on 1/19/06. (mjwcd, ) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

24

SCHEDULING ORDER: Discovery due by 7/19/2006. Dispositive Motions due by 9/1/2006. Settlement Conference set for 5/4/2006 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 10/30/2006. Final Pretrial Conference set for 11/3/2006 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Trial Preparation Conference set for 5/9/2007 at 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Jury Trial set for 6/5/2007 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Signed by Magistrate Judge Michael J. Watanabe on 1/19/06. (emksl, ) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

26

Stipulated MOTION For Extension of Time to Answer Discovery Requests by Intervenor Plaintiffs Suzanne L. Diesing, Sarah Short. (Gilmartin, Stephen) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

27

MEMORANDUM referring to Magistrate Judge Watanabe : 26 Stipulated MOTION For Extension of Time to Answer Discovery Requests filed by Sarah Short, Suzanne L. Diesing, by Judge Lewis T. Babcock on 1/27/06. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

28

MINUTE ORDER granting to 2/20/06 26 Stipulated MOTION For Extension of Time to Answer Discovery Requests by Magistrate Judge Michael J. Watanabe on 1/30/06. (dlb, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

29

Unopposed MOTION For Extension of Time to Complete Responses to Defendant's First Discovery Requests to Plaintiff Intervenors by Intervenor Plaintiffs Suzanne L. Diesing, Sarah Short. (Attachments: # 1 Proposed Order (PDF Only))(Gilmartin, Stephen) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

30

MEMORANDUM referring to Magistrate Judge Watanabe : 29 Unopposed MOTION For Extension of Time to Complete Responses to Defendant's First Discovery Requests to Plaintiff Intervenors by Intervenor Plaintiffs (Text Only Entry - No Document Attached) by Judge Lewis T. Babcock on 2/21/06. (dlb, ) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

31

ORDER regarding Intervenors' Discovery Response Deadlines: granting Unopposed 29 Motion for Extension of Time and Partial Extension of Time to Complete Responses to Defendant's First Discovery Requests. Intervenors shall have until and including 02/27/06 to file initial, partial responses to Defendant's First Discovery requests, and until and including 03/22/06 to file reminder of responses. Signed by Magistrate Judge Michael J. Watanabe on 02/22/06. (rlp, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

32

NOTICE of Entry of Appearance by William Albert Wright on behalf of Mini Mart, Inc. (Wright, William) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

33

Unopposed MOTION to Amend/Correct/Modify 13 Answer to Intervenor Complaint, 3 Answer to Complaint by Defendant Mini Mart, Inc.. (Wright, William) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

34

First Amended ANSWER to Complaint 1 and 9 by Mini Mart, Inc..(Wright, William) Modified to add links to complaints on 3/7/2006 (rlp, ). (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

35

Docket Annotation re: 34 Answer to Complaint. Modified to add links to complaints on 3/7/2006 Text only entry - no document attached. (rlp, ) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

36

MINUTE ORDER granting Defendant's Unopposed 33 Motion to Amend Answer, the First Amended Order is accepted for filing, by Judge Lewis T. Babcock on 03/08/06. (rlp, )

March 8, 2006

March 8, 2006

RECAP
37

Unopposed MOTION For Extension of Time to Respond to Plaintiffs' 1st Set of Requests for Production & Interrogatories by Defendant Mini Mart, Inc.. (Volin, Andrew) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

38

MEMORANDUM referring to Magistrate Judge Watanabe : 37 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' 1st Set of Requests for Production & Interrogatories filed by Mini Mart, Inc., by Judge Lewis T. Babcock on 03/21/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

39

MINUTE ORDER granting Defendant's 37 Motion for Extension of Time to Respond to Plaintiff's First Set of Requests and Interrogatories, Defendant has up to 04/11/06 to respond. Signed by Magistrate Judge Michael J. Watanabe on 03/22/06. (rlp, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

40

Joint MOTION to Amend/Correct/Modify 24 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) To Amend Scheduling Order)(Rogers, Kim)Modified to create link to scheduling order on 4/5/2006 (rlp, ). (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

41

Docket Annotation re: 40 Joint MOTION to Amend/Correct/Modify Scheduling Order . Modified docket text to create link to scheduling order, #24, on 4/5/2006 (rlp, ). Text only entry - no document attached. (rlp, ) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

42

MEMORANDUM referring to Magistrate Judge Watanabe : 40 Joint MOTION to Amend/Correct/Modify Scheduling Order filed by Equal Employment Opportunity Commission, by Judge Lewis T. Babcock on 04/05/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

43

Minute ORDER granting Joint 40 Motion to Amend Scheduling Order. Discovery cutoff is 8/18/06, dispositive motion deadline is 9/29/06, by Magistrate Judge Michael J. Watanabe on 4/10/06. (gms, )

April 10, 2006

April 10, 2006

RECAP
44

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 8/18/2006. Dispositive Motions due by 9/29/2006, pursuant to minute order of 4/10/06. Text only entry - no document attached. (gms, ) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

45

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Settlement Conference held on 5/4/2006. The Settlement Agreement is approved. Parties shall submit their Joint Stipulated Motion for Dismissal to Chief Judge Babcock by May 19, 2006. All further hearings before Magistrate Judge Watanabe are VACATED. (Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 05/05/2006)

May 4, 2006

May 4, 2006

46

MINUTE ORDER parties shall have up to and including May 22,2006, in which to file their Joint Stipulation for Dismissal in this case, by Magistrate Judge Michael J. Watanabe on 05/19/06. (rlp, ) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

47

Joint MOTION for Order to for Entry of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document Proposed Consent Decree and Order)(Kelotra, Anjuli) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

49

CONSENT DECREE: Each party shall be responsible for and shall pay its own costs and attorney?s fees. Signed by Judge Lewis T. Babcock on 05/23/06. (rlp, )

May 23, 2006

May 23, 2006

RECAP
50

ORDER DISMISSING CASE: the claims of the Plaintiff Intervenors are dismissed with prejudice, with each party to bear her or its own costs and attorneys fees. The Court finds there being no just reason to delay entry of judgment with respect to those claims, it is ORDERED judgment shall enter on thoseclaims in favor of Defendant, pursuant to Fed.R.Civ.P. 54(b).Signed by Judge Lewis T. Babcock on 05/24/06. (rlp, )

May 24, 2006

May 24, 2006

RECAP
51

JUDGMENT is entered in favor of Defendant Mini Mart, Inc., d/b/a Loaf'N'Jug, and against Plaintiff-Intervenors, Suzanne L. Diesing and Sarah Short, dismissing the Plaintiff-Intervenors' claims with prejudice. Each party shall bear her or its own costs and attorneys fees. Signed on 05/26/06. (rlp, ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2005

Closing Date: 2009

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

Mini Mart, Inc. , Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 225000

Order Duration: 2006 - 2009

Content of Injunction:

Apology

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

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