Case: EEOC v. UNCLE HARRY'S NEW YORK BAGELRY LLC

1:01-cv-06252 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 28, 2001

Closed Date: April 19, 2004

Clearinghouse coding complete

Case Summary

In September 2001, the San Francisco office of the EEOC brought this Title VII suit against Uncle Harry's New York Bagelry LLC in the U.S. District Court for the Eastern District of California. The complaint alleged that the defendant subjected the claimants to sexual harassment (female) and discharge (constructive) in retaliation for their complaint of sexual harassment. After a two stipulated protective orders, the parties settled by entry of a consent decree in March 2003. The parties dismissed the case in April 2004.

The three year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $150,000, hire an outside consultant to conduct yearly sex harassment and discrimination training, post notice, and assure that a specific employee has been fired and will not be rehired.

Summary Authors

Kevin Wilemon (8/12/2007)

People


Judge(s)

Wanger, Oliver Winston (California)

Attorney for Plaintiff

Ho, Cheri (California)

Attorney for Defendant

McNamara, David R. (California)

Judge(s)

Wanger, Oliver Winston (California)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:01-cv-06252

Docket (PACER)

EEOC v. Uncle Harry's

April 19, 2004

April 19, 2004

Docket
9

1:01-cv-06252

Stipulation for Protective Order and Order Thereon

EEOC v. Uncle Harry's New York Bagelry LLC

March 21, 2002

March 21, 2002

Order/Opinion
25

1:01-cv-06252

Order Denying Plaintiff's Motion for Protective Order

EEOC v. Uncle Harry's New York Bagels

May 20, 2002

May 20, 2002

Order/Opinion
38

1:01-cv-06252

Consent Decree

EEOC v. Uncle Harry's New York Bagelry LLC

March 13, 2003

March 13, 2003

Settlement Agreement
50

1:01-cv-06252

Stipulation and Proposed Order Modifying the Consent Decree []

EEOC v. Uncle Harry's New York Bagelry

Oct. 15, 2003

Oct. 15, 2003

Order/Opinion

Resources

Docket

Last updated Feb. 14, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights-employment descrimination; jury demand, fee status waived, assigned to Judge Oliver W. Wanger referred to Magistrate Judge Sandra M. Snyder (sr) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

2

ORDER setting scheduling conference for 8:45 2/21/02 before Judge Oliver W. Wanger (sr) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

3

STANDING ORDER by Judge Oliver W. Wanger informing the parties on the procedure to follow in pursuing this action (sr) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

4

WAIVER OF SERVICE by defendant Uncle Harry's on 11/16/01 (old) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

5

ANSWER by defendant Uncle Harry's to complaint [1-1] (mm) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

6

JOINT SCHEDULING REPORT by plaintiff EEOC and Uncle Harry's (old) (Entered: 02/15/2002)

Feb. 14, 2002

Feb. 14, 2002

7

MINUTES of 2/21/02 before Judge Oliver W. Wanger scheduling conference held on 2/21/02; court to issue order C/R none (jv) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

8

SCHEDULING CONFERENCE ORDER Judge Oliver W. Wanger; discovery ddl set for 1/31/03; non-dispositive motion ddl 5/5/03; dispositive motion ddl 6/5/03; settlement conf 1:30 10/16/02 before Judge Snyder; pretrial conf 11:00 8/18/03 before Judge Wanger; Jury Trial 9:00 9/16/03 before Judge Wanger; (cc: all counsel) (rcf) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

LODGED stipulation for protective order by defendant Uncle Harry's (hl) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

9

PROTECTIVE ORDER by Judge Oliver W. Wanger re discovery material (cc: all counsel) (old) (Entered: 03/21/2002)

March 21, 2002

March 21, 2002

10

APPLICATION by plaintiff EEOC for order shortening time (rab) (Entered: 04/30/2002)

April 26, 2002

April 26, 2002

11

DECLARATION of Cheri L Ho in support of application for order shortening time [10-1] (sr) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

13

MOTION for protective order barring dft from contacting the charging party and EEOC class members by plaintiff EEOC Motion Hearing Set for 5/10/02 at 9:30 before SMS (sr) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

14

DECLARATION of Cheri L Ho in support of [13-1] EEOC Motion for Protective Order (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

15

DECLARATION of Shiree Oberthier in support of [13-1] EEOC's Motion for Protective ORder (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

16

DECLARATION of Antoinette Medina in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

17

DECLARATION of Mariel Howsepian in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

18

DECLARATION of Karla Burgueno in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

19

DECLARATION of Gia Badaracco in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

20

JOINT STATEMENT by plaintiff EEOC, defendant Uncle Harry's Re: Discovery Disagreement (wh) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

21

OBJECTIONS by defendant Uncle Harry's to [19-1], [18-1], [17-1], [16-1], [15-1], [14-1] plaintiff's declarations in support of Motion for Protective Order (wh) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

22

ATTACHEMENT TO JOINT STATEMENT by defendant Uncle Harry's and discovery disagreement (wh) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

23

MINUTES of 5/10/02 before Magistrate Judge Snyder motion for protective order filed 5/1/02 by plaintiff EEOC [13-1] SUBMITTED; C/R TAPE 1211-2278 (jh) (Entered: 05/13/2002)

May 10, 2002

May 10, 2002

24

ORDER by Judge Oliver W. Wanger ORDERING Case REFERRED to ENE; ENE scheduling conference set for 9:00 8/20/02 before SMS (cc: all counsel) (sr) (Entered: 05/20/2002)

May 17, 2002

May 17, 2002

LODGED Document: proposed order granting EEOC's motion for protective order NOT USED (sr) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

25

ORDER by Magistrate Judge Sandra M. Snyder ORDERING motion for protective order barring dft from contacting the charging party and EEOC class members by plaintiff EEOC [13-1] DENIED (cc: all counsel) (sr) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

26

LETTER to court from counsel for plaintiff EEOC ENE scheduling conference CONTINUED TO 9:00 on 9/17/02 in ctrm 4 before Judge Snyder (cc: all counsel) (old) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

28

MINUTES of Conference Call re ENE Scheduling Conference and Settlement Conference before Magistrate Judge Sandra M. Snyder ENE scheduling conference VACATED by verbal stipulation; settlement conference CONTINUED TO 10:00 on 10/22/02 in ctrm 4 before Judge Snyder C/R None (old) (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

29

MINUTES of 10/21/02 before Magistrate Judge Sandra M. Snyder conference call re settlement conference HELD; counsel agree not ready for settlement conference, therefore conference of 20/22/02 OFF CALENDAR; status conference set for 10:00 10/28/02 before Judge Snyder C/R none (jv) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

30

MINUTES of 10/28/02 before Magistrate Judge Sandra M. Snyder telephonic status conference held on 10/28/02; settlement conference set for 10:00 11/26/02 before SMS (plk) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

LODGED Substitution of attorneys by defendant Uncle Harry's (rcf) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

31

ORDER by Judge Oliver W. Wanger withdrawing attorney David R McNamara for Uncle Harry's and substituting attorney Shelline Kay Bennett (cc: all counsel) (tel) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

32

MINUTES of 11/26/02 before Magistrate Judge Sandra M. Snyder settlement conference held on 11/26/02; case settled; all dates VACATED , (sr) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

33

MINUTES of 12/5/02 before Magistrate Judge Sandra M. Snyder case mgmt ddl set for 1/31/03 C/R none (plk) (Entered: 12/06/2002)

Dec. 5, 2002

Dec. 5, 2002

34

TRANSCRIPT of 11/26/02 hearing on Settlement Conf by C/R ECRO A Alvarez (rcf) (Entered: 12/31/2002)

Dec. 30, 2002

Dec. 30, 2002

35

MINUTES of 1/30/03 before Magistrate Judge Sandra M. Snyder conference cal re extension of consent decree due 1/31/03 case mgmt ddl set for 2/21/03 for consent decree ; scheduling conference call CONTINUED TO 2:00 2/21/03 (tel) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

36

MINUTES of 2/21/03 before Magistrate Judge Sandra M. Snyder conference call re consent decree held on 2/21/03 case is resolved; case mgmt ddl set for 3/7/03 for agreement to be filed C/R none (jv) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

LODGED stipulation and order concerning lodging under seal of exhibits to consent decree by plaintiff, defendant (sr) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

37

STIPULATION AND ORDER by Judge Oliver W. Wanger ORDERING that Exhibits A and B to the consent decree be lodged under seal (cc: all counsel) (sr) (Entered: 03/14/2003)

March 12, 2003

March 12, 2003

38

CONSENT DECREE by Judge Oliver W. Wanger (cc: all counsel) (sr) (Entered: 03/14/2003)

March 13, 2003

March 13, 2003

40

EX PARTE motion by plaintiff EEOC to file plaintiff's motion to enforce court order... (plk) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

40

...EX PARTE motion by plaintiff EEOC for civil contempt (plk) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

LODGED order granting plaintiff EEOC motions to enforce court order and for civil contempt (plk) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

41

SEALED document ( order ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

42

SEALED document ( proposed order ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

43

SEALED document ( proof of service ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

44

SEALED document ( motion ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

45

SEALED document ( memorandum ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

46

SEALED document ( declaration ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

47

SEALED document ( declaration ) (plk) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

LODGED stipulation and proposed order continuing the hearing on pltf's motion to enforce court order and for civil contempt by defendant Uncle Harry's (old) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

48

NOTICE by defendant Uncle Harry's of association of attorney William F Hancock Jr (old) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

49

STIPULATION AND ORDER by Judge Oliver W. Wanger ato continue the hearing pltf's motion to enforce court order [40-1] HEARING CONTINUED TO 10:00 10/27/03 (cc: all counsel) (old) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

LODGED stipulation and proposed order modifying the consent decree and pertaining to plaintiff's motion to enforce court order and for civil contempt by plaintiff EEOC, defendant Uncle Harry's (mm) (Entered: 10/14/2003)

Oct. 10, 2003

Oct. 10, 2003

50

STIPULATION AND ORDER by Judge Wanger Modifying The Consent Decree & Pertaining To Plaintiff's Motion To Enforce Court Order & For Civil Contempt [0-0] GRANTED case mgmt ddl set for 11/4/03 for pltf EEOC to file a withdrawal of its Motion to Enforce Consent Decree and Motion for Civil Contempt w/this Court (cc: all counsel) (jh) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

51

WITHDRAWAL of plaintiff EEOC's motion to enforce court order and for civil contempt [40-1] (cs) (Entered: 10/28/2003)

Oct. 27, 2003

Oct. 27, 2003

52

NOTICE by plaintiff EEOC of change of address to 345 Spear Street, Suite 500, San Francisco CA 94105 (cs) (Entered: 10/28/2003)

Oct. 27, 2003

Oct. 27, 2003

53

COURT NOTICE: from G Lucas advising the parties to file a stipulated dismissal within 20 days case mgmt ddl set for 4/5/04 for receipt of same (cc: all counsel) (mm) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

LODGED stipulation to dismiss action by plaintiff EEOC, defendant Uncle Harry's (jv) (Entered: 04/19/2004)

April 16, 2004

April 16, 2004

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: April 19, 2004

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

Uncle Harry's New York Bagelry LLC, 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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 150000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

General:

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