Case: EEOC v. CAFE ALCAPULCO, INC.

3:98-cv-02302 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 29, 1998

Closed Date: July 19, 2000

Clearinghouse coding complete

Case Summary

In September 1998, the Dallas District Office of the EEOC brought this suit against CafÈ Acapulco, Inc. in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from a motion for summary judgment that the complaint alleged that the defendant sexually harassed the charging party, a female employee, on the basis of sex in violation of Title VII of the Civil Rights Act of 1964…

In September 1998, the Dallas District Office of the EEOC brought this suit against CafÈ Acapulco, Inc. in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from a motion for summary judgment that the complaint alleged that the defendant sexually harassed the charging party, a female employee, on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 resulting in her constructive discharge. The defendant filed a motion to dismiss in December 1999 which was denied as moot about a month later. The EEOC voluntarily dismissed some of the claims in December 1999. In late January 2000, the defendant filed a motion for summary judgment which was denied in March. After some discovery and scheduling orders, the case was tried by a jury in May 2000 resulting in a jury verdict for the EEOC. A few days following the jury verdict, the EEOC filed a motion for injunction relief which was granted in June. We do not have a copy of the injunction, but it appears from the docket that the injunction required the defendant to distribute a sexual harassment policy to all of its current employees. In addition, a judgment on the jury verdict for the EEOC was entered in June requiring the defendant to pay a total of $21,759.59. The court also ordered injunctive relief, which required the defendant to: refrain from discrimination, conduct biannual training on sexual harassment, develop an anti-discrimination policy, and report complaints to the EEOC.

Summary Authors

Kevin Wilemon (11/2/2007)

Documents in the Clearinghouse

Document

3:98-cv-02302

Docket (PACER)

EEOC v. Cafe Acapulco, Inc.

Aug. 11, 2000

Aug. 11, 2000

Docket
25

3:98-cv-02302

Memorandum Opinion and Order [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Cafe Acapulco

March 23, 2000

March 23, 2000

Order/Opinion
59

3:98-cv-02302

Final Judgment

EEOC v. Cafe Acapulco, Inc.

June 7, 2000

June 7, 2000

Order/Opinion
62

3:98-cv-02302

Amended Final Judgment

EEOC v. Cafe Acapulco, Inc.

June 8, 2000

June 8, 2000

Order/Opinion
61

3:98-cv-02302

Permanent Injunction

EEOC v. Cafe Acapulco

June 8, 2000

June 8, 2000

Order/Opinion

Resources

Docket

Last updated March 17, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (5) (tsp) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

1

DEMAND for jury trial by plaintiff Equal Employment Opp (tsp) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

2

SUMMONS(ES) issued for defendant Cafe Acapulco Inc (iss 1) (tsp) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (tsp) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

3

ANSWER to Complaint by defendant Cafe Acapulco Inc (Attorney Don R Stewart), (3) (mlh) (Entered: 12/21/1998)

Dec. 18, 1998

Dec. 18, 1998

4

ORDER REQUIRING ATTY CONFERENCE & PROPOSAL FOR CONTENTS OF SCHEDULING & DISCOVERY ORDER set proposed scheduling and discovery order deadline for 2/5/99 ( signed by jas) Copies to counsel: 1.4.99 Page(s) 2 (mlh) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

5

JOINT PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Equal Employment Opp, defendant Cafe Acapulco Inc (3) (mlh) (Entered: 02/05/1999)

Feb. 5, 1999

Feb. 5, 1999

6

SCHEDULING ORDER setting Docket call set for 9:00 5/1/00 ; Pretrial conference for 9:00 4/14/00 ; Joining of Parties on 4/1/99 ; Amending of Pleadings on 4/1/99 ; Discovery cutoff 12/31/99 ; Deadline for filing of dispositive motions 1/31/00 ; Proposed pretrial order due 4/7/00 ; ( signed by jas) Copies to counsel: 2.9.99 Page(s): 3 (mlh) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

7

NOTICE of attorney appearance for plaintiff Equal Employment Opp by Sidney Chesnin (2) (mlh) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

8

NOTICE by defendant Cafe Acapulco Inc to take deposition of Anna C Quinones 8/9/99 at 10:00 (3) (mlh) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

10

NOTICE by defendant Cafe Acapulco Inc to take deposition of Jeni Dalrymple 9/28/99 at 10:00 (3) (mlh) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

11

SECOND NOTICE by defendant Cafe Acapulco Inc to take deposition of Jeni Dalrymple 10/14/99 at 11:00 (3) (mlh) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

12

SECOND NOTICE by defendant Cafe Acapulco Inc to take deposition of Jeni Dalrymple 10/14/99 at 11:00 (3) (mlh) (Entered: 10/08/1999)

Oct. 7, 1999

Oct. 7, 1999

13

RESPONSE by defendant Cafe Acapulco Inc in opposition to plf naming new parties (8) (mlh) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

13

MOTION by defendant Cafe Acapulco Inc to order amendment and dismissal of claims and alternative motion to extend discovery time (8) (mlh) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

14

MOTION by plaintiff Equal Employment Opp to dismiss the claims of Jeni Dalrymple (3) (mlh) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

15

RESPONSE by plaintiff Equal Employment Opp to dft's objection to plf naming new parties (3) (mlh) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

15

RESPONSE by plaintiff Equal Employment Opp to [13-1] motion to order amendment and dismissal of claims and alternative motion to extend discovery time (3) (mlh) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

16

ORDER granting [14-1] motion to dismiss the claims of Jeni Dalrymple; Ordered that the claims of Jeni Dalrymple specified in plf's complaint are dismissed with prejudice; all other claims raised in plf's complaint remain unaffected by this Order ( signed by jas) Copies to counsel: 12.22.99 Page(s) 1 (mlh) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

17

ORDER denying as moot [13-1] motion to order amendment and dismissal of claims and alternative motion to extend discovery time ( signed by jas) Copies to counsel: 1.12.00 Page(s) 2 (mlh) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

18

JOINT REPORT on status of settlement negotiations by plaintiff Equal Employment Opp, defendant Cafe Acapulco Inc (2) (mlh) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

19

MOTION by defendant Cafe Acapulco Inc for summary judgment (15+) (USC) (mlh) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

20

RESPONSE by plaintiff Equal Employment Opp in opposition to [19-1] motion for summary judgment (3) (mlh) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

21

MEMORANDUM by plaintiff Equal Employment Opp in support of [20- 1] opposition response (15+) (mlh) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

22

APPENDIX by plaintiff Equal Employment Opp in support of [20-1] opposition response (15+) (USC) (mlh) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

24

APPENDIX by defendant Cafe Acapulco Inc in support of [23-1] response reply (15+) (mlh) (Entered: 03/09/2000)

March 8, 2000

March 8, 2000

25

MEMORANDUM OPINION AND ORDER denying [19-1] motion for summary judgment ( signed by jas) Copies to counsel: 3.24.00 Page(s): 11 (mlh) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

26

Witness list by defendant Cafe Acapulco Inc (11) (mlh) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

27

Proposed issues and jury instructions by defendant Cafe Acapulco Inc (11) (mlh) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

28

Proposed voir dire questions by defendant Cafe Acapulco Inc (7) (mlh) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

29

Witness list by plaintiff Equal Employment Opp (7) (mlh) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

30

Proposed issues and jury instructions by plaintiff Equal Employment Opp (15+) (mlh) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

31

JOINT PRETRIAL ORDER filed...See order for specifics ( signed by jas) Copies to counsel: 4.14.00 Page(s): 8 (mlh) (Entered: 04/14/2000)

April 14, 2000

April 14, 2000

32

Designation of Depositions by defendant Cafe Acapulco Inc (2) (mlh) (Entered: 04/19/2000)

April 19, 2000

April 19, 2000

33

Designation of Depositions by plaintiff Equal Employment Opp (4) (mlh) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

34

SUPPLEMENTAL DOCUMENT to [33-1] designation by plaintiff Equal Employment Opp (3) (mlh) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

35

Exhibit list by plaintiff Equal Employment Opp (6) (mlh) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

36

MOTION with memorandum in support by plaintiff Equal Employment Opp in limine (9) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

37

RESPONSE by plaintiff Equal Employment Opp in opposition to [32-1] designation (4) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

38

Proposed voir dire questions by plaintiff Equal Employment Opp (4) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

39

RESPONSE by plaintiff Equal Employment Opp in opposition to [26-1] witness list (2) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

40

RESPONSE by plaintiff Equal Employment Opp in opposition to [27-1] instructions jury (2) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

41

MOTION by defendant Cafe Acapulco Inc in limine to exclude plf from introducing evidence regarding unrelated alleged acts of sexual harassment (2) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

42

MOTION by defendant Cafe Acapulco Inc in limine to allow dft to introduce evidence regarding the character, reputation, and habits of plf's witnesses (6) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

43

RESPONSE by defendant Cafe Acapulco Inc in opposition to [35-1] exhibits list (2) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

45

RESPONSE by plaintiff Equal Employment Opp in opposition to [44-1] exhibits list (2) (mlh) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

44

Exhibit list by defendant Cafe Acapulco Inc (3) (mlh) (Entered: 04/25/2000)

April 25, 2000

April 25, 2000

46

CERTIFICATE OF CONFERENCE by defendant Cafe Acapulco Inc Re: [42-1] motion in limine to allow dft to introduce evidence regarding the character, reputation, and habits of plf's witnesses (1) (mlh) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

47

CERTIFICATE OF CONFERENCE by defendant Cafe Acapulco Inc Re: [41-1] motion in limine to exclude plf from introducing evidence regarding unrelated alleged acts of sexual harassment (1) (mlh) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

48

Jury roll (7) (mlh) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

Jury trial held day 1 (mlh) (Entered: 05/10/2000)

May 1, 2000

May 1, 2000

49

Minute order: Jury trial day 1 Held before Judge Jorge A. Solis Court Reporter: Vivian Bradley (mlh) (Entered: 05/10/2000)

May 1, 2000

May 1, 2000

Jury trial held day 2 (mlh) (Entered: 05/10/2000)

May 2, 2000

May 2, 2000

50

Minute order: Jury trial held day 2 Held before Judge Jorge A. Solis Court Reporter: Vivian Bradley (mlh) (Entered: 05/10/2000)

May 2, 2000

May 2, 2000

Jury trial held day 3 (mlh) (Entered: 05/10/2000)

May 3, 2000

May 3, 2000

51

Minute order: Jury trial day 3 Held before Judge Jorge A. Solis Court Reporter: Vivian Bradley; Charging Conference held (mlh) Modified on 05/10/2000 (Entered: 05/10/2000)

May 3, 2000

May 3, 2000

Jury trial held day 4 (mlh) (Entered: 05/10/2000)

May 4, 2000

May 4, 2000

52

Minute order: Jury trial day 4 Held before Judge Jorge A. Solis Court Reporter: Vivian Bradley (mlh) (Entered: 05/10/2000)

May 4, 2000

May 4, 2000

53

Acknowledgment by Clerk of Return of Exhibits to counsel for dft (1) (mlh) (Entered: 05/10/2000)

May 4, 2000

May 4, 2000

54

Acknowledgment by Clerk of Return of Exhibits to counsel for plaintiff (1) (mlh) (Entered: 05/10/2000)

May 4, 2000

May 4, 2000

55

Court's charge to jury (15) (mlh) (Entered: 05/10/2000)

May 4, 2000

May 4, 2000

56

MOTION with memorandum in support by plaintiff Equal Employment Opp for entry of injunctive relief (15+) (mlh) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

57

RESPONSE by defendant Cafe Acapulco Inc to [56-1] motion for entry of injunctive relief (3) (mlh) (Entered: 05/31/2000)

May 30, 2000

May 30, 2000

58

REPLY by plaintiff Equal Employment Opp to response to [56-1] motion for entry of injunctive relief (4) (mlh) (Entered: 06/07/2000)

June 6, 2000

June 6, 2000

59

FINAL JUDGMENT...Ordered that dft Cafe Acapulco shall pay $500 to plf in compensatory damages and $15,000 in punitive damages; further ordered that plf's motion for entry of injunctive relief filed 5/10/00 is granted; Costs incurred by plf shall be assessed against dft ( signed by jas) Copies to counsel: 6.7.00 Page(s): 1 (mlh) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

Case closed (mlh) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

60

ORDER granting plf's motion for injunctive relief ( signed by jas) Copies to counsel: 6.7.00 Page(s) 2 (mlh) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

61

PERMANENT INJUNCTION...Dft Cafe Acapulco Inc shall within 30 days after entry of this order provide all current employees with a written sexual harassment policy which complies with the EEOC Guidelines on Sexual Harassment...See order for specifics ( signed by jas) Copies to counsel: 6.8.00 Page(s) 2 (mlh) (Entered: 06/08/2000)

June 7, 2000

June 7, 2000

62

AMENDED FINAL JUDGMENT...Ordered that dft Cafe Acapulco Inc shall pay plf $500 in compensatory damages, $15,000 in punitive damages, $6,259.59 in back pay damages; Further ordered that plf's motion for entry of injunctive relief filed 5/10/00 is granted; Costs incurred by plf shall be assessed against dft ( signed by jas) Copies to counsel: 6.8.00 Page(s): 1 (mlh) (Entered: 06/08/2000)

June 8, 2000

June 8, 2000

63

MOTION by defendant Cafe Acapulco Inc to amend [62-1] judgment order (15+) (mlh) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

64

RESPONSE by plaintiff Equal Employment Opp to [63-1] motion to amend [62-1] judgment order and brief (13) (mlh) (Entered: 06/22/2000)

June 22, 2000

June 22, 2000

65

ORDER denying [63-1] motion to amend [62-1] judgment order ( signed by jas) Copies to counsel: 7.19.00 Page(s) 4 (mlh) (Entered: 07/19/2000)

July 19, 2000

July 19, 2000

66

Bill of costs in the amount of $4,075.53 (mlh) (Entered: 08/11/2000)

Aug. 9, 2000

Aug. 9, 2000

Costs $ 4,075.53 taxed for plaintiff Equal Employment Opp (mlh) (Entered: 08/11/2000)

Aug. 11, 2000

Aug. 11, 2000

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 1998

Closing Date: July 19, 2000

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

Cafe Acapulco, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 21759.59

Order Duration: 2000 - 2001

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

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