Case: EEOC v. JACK IN THE BOX

EEOC v. Jack In The Box

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (LSP) (Entered: 02/01/2001)

RETURN OF SERVICE EXECUTED by personal service of summons and compliant upon Statutory Agent, C.T. Corporation System for dft Jack In The Box on 2/1/01 (KMG) (Entered: 02/08/2001)

STIPULATION to extend time to answer or file responsive pleading by pla EEOC, dft Jack In The Box [3-1] (KMG) (Entered: 02/23/2001)

ANSWER by dft Jack In The Box (MAP) (Entered: 03/12/2001)

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Susan R. Bolton prel scheduling conf set for 4:00 4/23/01 (cc: all counsel) (MAP) (Entered: 03/14/2001)

MOTION to strike Dft's Affirmative Defenses by pla EEOC [7-1] (MAP) (Entered: 03/29/2001)

STIPULATION re Exchange of Initial Disclosures by pla, dft (MAP) (Entered: 04/10/2001)

MOTION to intervene as party plaintiff by Aubrey Barker [9-1] (MAP) (Entered: 04/10/2001)

ORDER by Judge Susan R. Bolton granting stipulation that parties shall serve their Rule 26(a) Initial Dislcosure Stmts nlt 4/16/01 (cc: all counsel) (MAP) (Entered: 04/10/2001)

STIPULATION to Dismiss Affirmative Defenses and Withdraw Pla EEOC's Motion to Strike by pla, dft (MAP) (Entered: 04/16/2001)

MINUTE ORDER Pursuant to the stipulation of counsel and Order entered by the Court on 4/11/01, IT IS ORDERED finding the motion to strike Dft's Affirmative Defenses by pla EEOC [7-1] as moot. (cc: all counsel; SRB) [11-1] (MAW) (Entered: 04/12/2001)

PROPOSED Case Management Plan (MAP) (Entered: 04/18/2001)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Jack In The Box (MAP) (Entered: 04/18/2001)

ORDER by Judge Susan R. Bolton granting stipulation dismissing Dft Jack in the Bos Inc's Affirmative Defenses and Withdrawing Pla EEOC's Motion to Strike Dft's Affirmative Defenses (cc: all counsel) (MAP) (Entered: 04/17/2001)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 04/18/2001)

MINUTE ENTRY before Judge Susan R. Bolton Crt Rptr: Kim Myrick Appearances: Michelle Marshall and Mary O'Neill for pla; John Ogden and Mary Jo Foster for dft. Prel scheduling conf held. The Court enters the following deadlines: discovery ddl set for 3/1/02; dispositive motions due 4/4/02; PTO ddl set for 7/22/02; motions in limine to be filed by 7/22/02 w/ Responses due by 7/31/02 - no Reply. IT IS ORDERED setting Pretrial conference on 8/5/02 at 9:30 a.m. IT IS FURTHER ORDERED setting jury trial on 8/13/02 at 9:00 a.m. Estimated length: 4 days. Rule 16 Scheduling Order to follow. Counsel are provided a copy of the Joint Proposed Pretrial Order this date. [cc: SRB] [17-2] (MAW) (Entered: 04/23/2001)

JOINDER by pla EEOC to [9-1] mtn to intervene by Ms. Barker (former emp) (Entered: 04/24/2001)

STIPULATION re motion to intervene by dft, intervenor (MAP) (Entered: 04/30/2001)

MINUTE ORDER There being no opposition, IT IS ORDERED granting motion to intervene as party plaintiff by Aubrey Barker [9-1] (cc: all counsel; SRB) [21-1] (MAW) (Entered: 05/01/2001)

ORDER by Judge Susan R. Bolton granting stipulation that Pla Intervenor's claims for negligent hiring and supervision and intentional infliction of emotional distress set forth in her (Proposed) Complaint are hereby withdrawn w/out prejudice [9-1] terminating party Aubrey Barker , (cc: all counsel) (MAP) (Entered: 05/01/2001)

NOTICE by dft Jack In The Box of change of address for J Mark Ogden (MAP) (Entered: 05/30/2001)

STIPULATION to dismiss case by pla, dft (MAP) (Entered: 06/26/2001)

ORDER by Judge Susan R. Bolton granting stipulation to dismiss the pla's claims under Section 707 of Title VII, 42 U.S.C. 2000e-6 by pla, dft (cc: all counsel) (KMG) (Entered: 06/27/2001)

COMPLAINT IN INTERVENTION FILED by Intervnor Aubrey Barker against Jack in the Box, Inc. and William Freedle (KMG) Modified on 08/15/2001 (Entered: 08/15/2001)

WAIVER of Service of summons and complaint upon dft Jack In The Box; waiver sent on 8/24/01 (MAP) (Entered: 09/01/2001)

ANSWER to Complaint [26-1] by dft Jack In The Box (KMG) (Entered: 10/30/2001)

JOINT MOTION to extend time for Disclosing Expert Witnesses by pla EEOC, dft Jack In The Box [29-1] (KMG) (Entered: 11/05/2001)

MOTION to Extend Time as to Discovery Deadlines by pla EEOC, dft Jack In The Box [30-1] (KMG) (Entered: 11/19/2001)

ORDER by Judge Susan R. Bolton granting motion to extend time for Disclosing Expert Witnesses by pla EEOC, dft Jack In The Box [29-1] Plaintiff EEOC may have an extension of time to/including 1/15/02; Dft Jack in the Box may have thru 2/15/02 (cc: all counsel) (MAP) (Entered: 11/20/2001)

ORDER by Judge Susan R. Bolton granting joint motion to Extend Time as to Discovery Deadlines by pla EEOC, dft Jack In The Box [30-1] ; Discovery ddl reset for 1/31/02 ; Dispositive motions now due 2/28/02 (cc: all counsel) (KMG) (Entered: 11/21/2001)

NOTICE of service of discovery by pla EEOC serving: First Set of Non-Uniform Interrogatories, First Request for Production of documents and First Request for Admissions. (KMG) (Entered: 12/05/2001)

ORDER by Judge Susan R. Bolton granting stipulation to Extend Time until 1/18/02 for dft to Respond to pla's First Set of Requests for Admission, First Set of Requests for Production, and First Set of Non-Uniform Interrogatories. by pla EEOC, dft Jack In The Box (cc: all counsel) (KMG) (Entered: 01/03/2002)

STIPULATION for Order to Designate as a Prescott Case by pla EEOC, dft Jack In The Box, intervenor Aubrey Barker (KMG) (Entered: 01/08/2002)

ORDER by Judge Susan R. Bolton granting stipulation for Order to Designate this case as a Prescott Case by pla EEOC, dft Jack In The Box, intervenor Aubrey Barker (cc: all counsel) (KMG) (Entered: 01/09/2002)

NOTICE of service of discovery by dft Jack In The Box serving; First Set of Requests for Production of Documents and First Set of Non-Uniform Interrogatories to pla Intervenor. (KMG) (Entered: 01/24/2002)

NOTICE of service of discovery by dft Jack In The Box serving; Responses to pla's First Set of Non-Unifrom Interrogatories; Responses to pla's First Request for Admissions; and dft's Responses to pla's First Request for Production of documents. (KMG) (Entered: 01/28/2002)

NOTICE of service of discovery by dft Jack In The Box serving First Set of Requests for Prodcution of documents and dft's First Set of Non-Uniform Interrogatories to pla. (KMG) (Entered: 02/04/2002)

STIPULATION (Stipulated Motion) to Extend Time/Deadlines by pla EEOC, dft Jack In The Box, intervenor Aubrey Barker (KMG) (Entered: 02/04/2002)

MINUTE ORDER The Court being in receipt of the Stipulated Motion for Extension of Deadlines, IT IS ORDERED resetting PTO ddl to 11/25/02; motions in limine to be filed by 11/18/02 w/ Responses due 11/27/02 - no Reply. IT IS FURTHER ORDERED continuing Pretrial conference to 12/2/02 at 9:30 a.m. IT IS FURTHER ORDERED continuing jury trial to 12/10/02 at 9:00 a.m. Estimated length: 4 days. (cc: all counsel; SRB) [42-2] (MAW) (Entered: 02/04/2002)

ORDER by Judge Susan R. Bolton granting stipulation (Stipulated Motion) to Extend Time/Deadlines by pla EEOC, dft Jack In The Box, intervenor Aubrey Barker ; Discovery ddl reset for 4/29/02; Final supplementation of discovery us extended to 5/31/02; Dispositive motions now due 6/3/02 (cc: all counsel) (KMG) (Entered: 02/13/2002)

STIPULATION to Extend Time for Pla Intervenor's Response to Requests for Production and Interrogatories by pla EEOC, dft Jack In The Box (KMG) (Entered: 02/27/2002)

STIPULATION to Extend Time for pla to Respond to dft's First Set of Non-Uniform Interrogatories and First Set of Requests for Production by pla EEOC, dft Jack In The Box (KMG) (Entered: 02/28/2002)

MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Michelle Marshall (telephonically) for pla; Mary Jo Foster (telephonically) for dft. Discovery dispute hearing held at the request of pla's counsel re: request for 5 personnel files and request for documentation of Jack In the Box's internal investigation of sexual harassment. Discussion held. IT IS ORDERED sustaining dft's objection to production of personnel files with the exception of Ms. Sebert. She may authorize the release of her file to the EEOC if she so wishes. IT IS FURTHER ORDERED sustaining dft's objection to production of the internal investigation. [cc: SRB] [46-1] re: minute entry [46-1] (MAW) (Entered: 03/06/2002)

ORDER by Judge Susan R. Bolton granting stipulation to Extend Time until 3/13/02 for pla to Respond to dft's First Set of Non-Uniform Interrogatories and First Set of Requests for Production by pla EEOC, dft Jack In The Box (cc: all counsel) (KMG) (Entered: 03/07/2002)

ORDER by Judge Susan R. Bolton granting stipulation to Extend Time until 3/11/02 in which for Pla Intervenor's Response to Requests for Production and Interrogatories by pla EEOC, dft Jack In The Box (cc: all counsel) (KMG) (Entered: 03/07/2002)

NOTICE by pla EEOC OF TAKING DEPO OF William Freedle on the following date(s): 3/28/02 (MAP) (Entered: 03/14/2002)

NOTICE of service of discovery by pla EEOC . (MAP) (Entered: 03/14/2002)

RULE 33(C) MOTION for permission to Supplement Interrogatories after the close of Discovery by pla EEOC [51-1] (MAP) (Entered: 03/14/2002)

NOTICE by pla EEOC OF TAKING DEPO OF Robert Vranas, II on the following date(s): 3/22/02 (MAP) (Entered: 03/15/2002)

AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF William Freedle on the following date(s): 3/28/02 (KMG) (Entered: 03/18/2002)

NOTICE by pla EEOC OF TAKING DEPO(S) OF Kim Gallen; David Portugal; Tim Bisbocci on the following date(s): 4/3; 4/4; 4/4 (KMG) (Entered: 03/18/2002)

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Jeff Middleton on the following date(s): 4/19/02 (KMG) (Entered: 03/18/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Jack In The Box (MAP) (Entered: 03/25/2002)

RESPONSE (OPPOSITION) by dft Jack In The Box to motion for permission to Supplement Interrogatories after the close of Discovery by pla EEOC [51-1] (MAP) (Entered: 03/25/2002)

NOTICE of service of discovery by dft Jack In The Box . (MAP) (Entered: 03/25/2002)

NOTICE of service of discovery by dft Jack In The Box . (MAP) (Entered: 03/25/2002)

STIPULATION to Stay and Extend Time regarding Discovery Deadline to allow the parties time to engage in a private mediation of this case by plas, dfts (KMG) (Entered: 04/01/2002)

REPLY by pla EEOC to response to motion for permission to Supplement Interrogatories after the close of Discovery by pla EEOC [51-1] (KMG) (Entered: 04/02/2002)

ORDER by Judge Susan R. Bolton granting in part and denying in part pla's Motion for permission to Supplement Interrogatories after the close of Discovery by pla EEOC [51-1] (cc: all counsel) (KMG) (Entered: 04/08/2002)

NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft Jack In The Box (KMG) (Entered: 04/18/2002)

NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Jack In The Box (KMG) (Entered: 05/02/2002)

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KMG) (Entered: 05/08/2002)

ORDER by Judge Susan R. Bolton that this matter will be dismissed with prejudice (due to settlement) within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. FURTHER ORDERED vacating the pretrial conference and trial date. ; possbl dsm ddl set for 6/17/02 (cc: all counsel) (KMG) Modified on 05/17/2002 (Entered: 05/17/2002)

CONSENT DECREE/JUDGMENT by Judge Susan R. Bolton: That this Decree resolves all claims of the Commission, Intervenor Aubrey Barker and all class members identified in Attachment A to this Decree against dft Jack in the Box, Inc., including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit. Jack in the Box, and its officers, agents...are permanently enjoined for the duration of the Decree from: a) sexually harassing any employee; b) retaliating against any employee because he or she: i) opposes or opposed discriminatory practices made unlawful by Title VII; ii) files or filed a charge of dismcrimination or is assisting or has assisted or participated or is participating in the filing of a charge of discrimination; or iii) assists, assisted, participates or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation. Without admitting liability, Jack in the Box shall pay the gross sum of $92,500.00 to be distributed to the aggrieved persons listed in Attachment A. To be paid within ten business days from the date of the entry of this Decree. to dismiss case (cc: all counsel) (KMG) (Entered: 08/06/2002)