Case: EEOC v. MIRABILE INVESTMENT CORPORATION and OLIVE OIL ASSOCIATES (d/b/a POPEYE'S CHICKEN AND BISCUIT RESTAURANT)

2:04-cv-02775 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 28, 2004

Closed Date: July 20, 2008

Clearinghouse coding complete

Case Summary

In September 2004, the Memphis Office of the EEOC brought this suit against Mirabile Investment Corporation and Olive Oil Associates (doing business as Popeye's Chicken and Biscuit Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant subjected six of the charging parties, female employe…

In September 2004, the Memphis Office of the EEOC brought this suit against Mirabile Investment Corporation and Olive Oil Associates (doing business as Popeye's Chicken and Biscuit Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant subjected six of the charging parties, female employees, to a sexually hostile work environment and terminated one of the charging parties, a female employee, in retaliation for her complaints of sexual harassment, all in violation of Title VII of the Civil Rights Act of 1964. After some discovery, the parties settled the lawsuit in July 2005 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: adopt a new policy regarding workplace harassment, post its anti-retaliation policy, regularly report to the EEOC regarding complaints about harassment, provide anti-retaliation training for all its employees, and pay $95,000 to be distributed among six charging parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

David Friedman (10/2/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4642003/parties/equal-employment-opportunity-commission-v-mirabile-investment-corporation/


Judge(s)

Pham, Tu M. (Tennessee)

Judge(s)

Pham, Tu M. (Tennessee)

show all people

Documents in the Clearinghouse

Document

2:04-cv-02775

Docket (PACER)

EEOC v. Mirabile Investment Corporation

July 25, 2005

July 25, 2005

Docket
27

2:04-cv-02775

Consent Decree

EEOC v. Mirabile Investment Corporation

July 20, 2005

July 20, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4642003/equal-employment-opportunity-commission-v-mirabile-investment-corporation/

Last updated April 11, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
2

NOTICE of Appearance by G. Patrick Arnoult on behalf of Mirabile Investment Corporation. (tlh, ) (Entered: 10/15/2004)

Oct. 14, 2004

Oct. 14, 2004

3

SETTING LETTER: Scheduling Conference set for 11/18/2004 10:00 AM in Courtroom 6 - Memphis before Tu M. Pham. (tlh, ) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

4

NOTICE of Appearance by Carson L. Owen on behalf of Equal Employment Opportunity Commission. (tlh, ) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

5

REPORT of Rule 26(f) Planning Meeting. (jae, ) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

6

Minute Entry for proceedings held before Judge Tu M. Pham : Scheduling Conference held on 11/18/2004. Parties have not consented to proceed before magistrate judge. Parties are encouraged to seek mediation after close of discovery. Rule 26(a)(1) disclosure ddl 12/3/04. Schedule set as follows: Amended Pleadings due by 2/28/2005. Discovery due by 4/20/2005. Joinder of Parties due by 1/31/2005. Initial Motions to dismiss due by 2/28/2005. Dispositive motions ddl 6/6/05. Case set for jury trial (7-8 days); Rule 26(e) supplementation ddl 12/3/04.(Court Reporter FTR. Pltf atty-Owen: Dft atty-Annoult.) (jae, ) (Entered: 11/22/2004)

Nov. 18, 2004

Nov. 18, 2004

7

SCHEDULING ORDER: Initial disclosures due 12/3/04. Amended Pleadings due by 1/31/2005(pltf) 2/28/05(Dft). Discovery due by 4/20/2005. Joinder of Parties due by 1/31/2005(pltf) 2/28/05(dft). Initial Motions to dismiss due by 2/28/2005. Dispositive motions due 6/6/05. Case is set for jury trial (7-8 days). Pretrial order, pretrial conference and trial dates will be set by presiding judge. Parties have not consented to proceed before magistrate judge. Absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge Tu M. Pham. (jae, ) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

8

MOTION for Enlargement of Time to Answer by Mirabile Investment Corporation. (tlh, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

9

STIPULATION Enlarging Time to Answer by Mirabile Investment Corporation, Equal Employment Opportunity Commission.(tlh, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

10

ORDER APPROVING STIPULATION ENLARGING TIME TO ANSWER. Granting [8] Motion for Enlargement of Time to Answer. Mirabile Investment Corporation answer due 12/30/2004. Signed by Judge Tu M. Pham. (tlh, ) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

11

SETTING LETTER: Jury Trial set for 9/19/2005 09:30 AM in Courtroom 1 - Memphis before J. Daniel Breen. Pretrial Conference set for 9/12/2005 09:15 AM in Courtroom 1 - Memphis before J. Daniel Breen. Proposed Joint Pretrial Order due by 9/6/2005.(tlh, ) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

12

AMENDED COMPLAINT against Olive Oil Associates, Mirabile Investment Corporation , filed by Equal Employment Opportunity Commission.(tlh, ) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

14

MOTION in Limine and/or Motion for Partial Dismissal and MEMORANDUM IN SUPPORT Thereof by Olive Oil Associates, Mirabile Investment Corporation. (ehg, ) (Entered: 04/05/2005)

March 25, 2005

March 25, 2005

15

Joint MOTION for a Brief Extension of the Discovery Completion Deadline by Equal Employment Opportunity Commission, Olive Oil Associates, Mirabile Investment Corporation. (ehg, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

16

ORDER EXTENDING DISCOVERY COMPLETION DEADLINE..granting [15] Motion for Extension of Time..to 5/6/2005.. Signed by Judge Tu M. Pham. (ehg, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

17

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, Olive Oil Associates, Mirabile Investment Corporation. (ehg, ) (Entered: 04/25/2005)

April 21, 2005

April 21, 2005

18

PROTECTIVE ORDER: Protective order entered relating to dft's new worth and related financial information and entitled to protection in accordance with FRCvP 26(c). Signed by Judge Tu M. Pham. (jae, ) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

20

MEMORANDUM IN SUPPORT by Plaintiff Equal Employment Opportunity Commission re [19] Response in Opposition to Motion To Defendants' Motion In Limine and/or Motion For Partial Dismissal, Which Is a Motion For Partial Summary Judgment. (document placed in separate folder)(jae, ) (Entered: 04/28/2005)

April 27, 2005

April 27, 2005

19

RESPONSE in Opposition re [14] MOTION in Limine and/or Motion For Partial Dismissal, Which is a Motion For Partial Summary Judgment filed by Equal Employment Opportunity Commission. (jae, ) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

21

JOINT MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission, Olive Oil Associates, Mirabile Investment Corporation. (jae, ) (Entered: 05/05/2005)

May 4, 2005

May 4, 2005

22

ORDER granting [21] Motion for Extension of Time to Complete Discovery. Discovery completion ddl is extended until 5/18/05. Signed by Judge Tu M. Pham. (jae, ) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

23

MEMORANDUM OF LAW in Support re [14] MOTION in Limine and/or Motion For Partial Dismissal filed by Olive Oil Associates, Mirabile Investment Corporation. (jae, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

24

MOTION for Leave to File Reply Brief by Olive Oil Associates, Mirabile Investment Corporation. (jae, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

25

MEMORANDUM OF LAW in Support re [24] MOTION for Leave to File Reply Brief filed by Olive Oil Associates, Mirabile Investment Corporation. (jae, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

26

ORDER granting 24 Defendant's Motion for Leave to File Reply Brief. Signed by Judge J. Daniel Breen. (jae, )

May 10, 2005

May 10, 2005

RECAP
27

CONSENT DECREE. Signed by Judge J. Daniel Breen. (ehg, )

July 20, 2005

July 20, 2005

RECAP
28

JUDGMENT IN A CIVIL CASE . Signed by Judge J. Daniel Breen. (ehg, )

July 25, 2005

July 25, 2005

RECAP
28

JUDGMENT IN A CIVIL CASE . Signed by Judge J. Daniel Breen. (ehg, )

July 25, 2005

July 25, 2005

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: July 20, 2008

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

Olive Oil Associates (Memphis, Tennessee), Private Entity/Person

Mirabile Investment Corporation (Memphis, Tennessee), 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: 95000

Order Duration: 2005 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

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