Case: EEOC v. CHILI'S, INC. dba COZYMEL'S COASTAL MEXICAN GRILL

2:01-cv-02076 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 30, 2001

Closed Date: March 27, 2002

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Case Summary

The Memphis office of the EEOC brought this action in the U.S. District Court for the Western District of Tennessee, against Chili's Inc., d/b/a as Cozymel's Coastal Mexican Grill. The complaint, filed in January 2001, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected charging party to sexual harassment.

The parties entered into a consent decree in March 2002. The decree provided for Defendant to pay a total of $117,000 to nine individuals, but the amounts were not specified in the decree. The decree also enjoined Defendant from discriminating in violation of Title VII and required Defendant to post a notice of non-discrimination at its facility, adopt an anti-sexual harassment policy and report regularly to the EEOC about any complaints of sexual harassment.

Summary Authors

Elizabeth Glassman (7/10/2007)

People


Judge(s)

Allen, James H. Sr. (Tennessee)

Judge(s)

Allen, James H. Sr. (Tennessee)

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Documents in the Clearinghouse

Document

2:01-cv-02076

Docket

EEOC v. Chili's Inc., et al

March 27, 2002

March 27, 2002

Docket
30

2:01-cv-02076

Order on Plaintiff's Motion to Compel

EEOC v. Chili's Inc., et al

Aug. 21, 2001

Aug. 21, 2001

Order/Opinion
42

2:01-cv-02076

Order Denying Defendants' Motion for Partial Dismissal

EEOC v. Chili's Inc., et al.

Jan. 15, 2002

Jan. 15, 2002

Order/Opinion
43

2:01-cv-02076

Consent Decree

EEOC v. Chili's Inc., et al

March 27, 2002

March 27, 2002

Settlement Agreement

Resources

Docket

Last updated March 29, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT pursuant to 42 USC 2000e; (sex discrimination) (BAG) Modified on 01/31/2001 (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

2

SETTING LETTER : scheduling conference set for 10:30 3/26/01, Courtroom 2 (YDS) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

3

SETTING LETTER ; scheduling conference set for 10:30 3/27/01 (EHG) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

4

ATTORNEY APPEARANCE for defendant Chili's Inc. by Thomas L. Henderson, (Michael Byrd, Ella J. Martinez, pending the Court's decision on dft's incontested motion for permission to participate) (BAG) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

5

MOTION by defendant Chili's Inc. for attorneys William Michael Byrd, Jr. and Ella J. Martinez to appear pro hac vice; w/attachments (BAG) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

6

CERTIFICATE Of Consultation by defendant Chili's Inc. re [5-1] (BAG) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

PRO HAC VICE FEE PAID: in the amount of $ 200.00 receipt # 063164 by Rebecca Williams (BAG) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

7

ORDER by Judge Bernice B. Donald granting motion for attorneys William Michael Byrd, Jr. and Ella J. Martinez to appear pro hac vice; w/attachments [5-1] to represent dft Chili's (cc: all counsel) (YDS) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

8

SETTING LETTER; scheduling conference reset for 9:00 4/17/01 (BAG) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

9

ANSWER by defendant Chili's Inc. to [1-1] (BAG) (Entered: 04/03/2001)

March 30, 2001

March 30, 2001

10

NOTICE of Change of Address & Firm Name by defendant Chili's Inc. eff. 4/1/01 name change to Jackson Walker LLP/901 Main Street, Ste 6000/Dallas, TX 75202 ph# 214-953-6000 (PWM) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

11

Report of RULE 26 (f) Planning Meeting by EEOC, Chili's Inc. (PWM) (Entered: 04/11/2001)

April 10, 2001

April 10, 2001

12

MINUTES: scheduling conference held 4/17/01; No consent to proceed before Mag Judge; Other preliminary matters addressed; joining parties ddl 7/31/01; Initial motions to dismiss: 8/31/01; amending pleadings ddl set 1/31/02; discovery ddl set 3/31/02; pla's experts: 10/31/01; dft's experts: 01/31/02; motion filing ddl set 4/30/02; jury trial set 9:00 7/22/02, 5 days; pretrial conference set 8:30 7/8/02; Deadline for Class Certification: 7/31/01; Orus Tenus motion to exceed 10 depositions- granted w/o prejudice Presiding Judge: Bernice B. Donald; PLA Atty: C. Owen; DFT Atty: T. Henderson/M. Byrd; C/R: None; (BAG) Modified on 04/18/2001 (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

13

SCHEDULING ORDER 16(b) Judge Bernice B. Donald; The following dates were established as final dates for: Joiniing parties: pla- 6/29/01; dft- 7/31/01; Initial motions to dismiss: 8/31/01; amending pleadings: pla- 1/14/02; dft- 1/31/02; Discovery ddl: 3/31/02; document production: 3/31/02; dep/int/adm: 3/31/02; Identify Class Members by: 7/31/01; Pla's experts: 10/31/01; Dft's experts: 1/31/02; motion filing ddl: 4/30/02; Parties will be referred to Mag Judge for a settlement conf. after reasonable discovery; Trial set 7/22/02 at 9:00, est. 5 days; Pretrial conf. set 7/8/02 at 8:30; Joint pretrial order to be entered by 5:00 on 7/1/02; Absent good cause shown, schedulign dates set by this order will not be modified or extended; (cc: all counsel) (BAG) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

14

ORDER Of Reference by Judge Bernice B. Donald; Case referred to Mag Judge Allen for a settlement conf. after reasonable discovery; (cc: all counsel) (BAG) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

15

ORDER by Judge Bernice B. Donald; On 4/17/01 this Court heard pla's oral motion requesting that both pla and dft be allowed to take up to 20 depositions re [12-2]; Pla's motion is granted; (cc: all counsel) (BAG) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

16

NOTICE Of Change Of Name by Ella Martinez, counsel for defendant Chili's Inc.; Ella Martinez's name changed to Ella Schoeder Namaksy, firm name, address and telephone numbers remain the same; (BAG) (Entered: 06/01/2001)

May 31, 2001

May 31, 2001

17

SETTING LETTER settlement conference set for 10:00 4/5/02 before Mag Judge Allen in room 338; (BAG) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

18

MOTION by plaintiff EEOC for leave to file an amended complaint (adding as dfts Brinker Intl Payroll Corp. and Brinker Intl, Inc.) (BAG) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

19

MEMORANDUM by plaintiff EEOC in support of motion for leave to file an amended complaint [18-1]; w/exhibits (BAG) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

20

CERTIFICATE Of Consultation by plaintiff EEOC re [18-1] (BAG) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

21

ORDER by Judge Bernice B. Donald granting motion for leave to file an amended complaint (adding as dfts Brinker Intl Payroll Corp. and Brinker Intl, Inc.) [18-1] ..plaintiff's motion is granted and pla may file its Amended Complaint. (cc: all counsel) (EHG) (Entered: 07/03/2001)

July 3, 2001

July 3, 2001

22

AMENDED COMPLAINT [1-1] by plaintiff EEOC; adding Brinker Intl Payroll, Brinker Intl., Inc.; jury demand (BAG) (Entered: 07/11/2001)

July 11, 2001

July 11, 2001

23

MOTION by plaintiff EEOC to compel discovery , and for extension of the deadline for identifying alleged victims of discrimination (BAG) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

24

MEMORANDUM by plaintiff EEOC in support of motion to compel discovery [23-1], and for extension of the deadline for identifying alleged victims of discrimination [23-2]; w/exhibits (BAG) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

25

CERTIFICATE Of Consultation by plaintiff EEOC re [23-1] (BAG) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

26

SUPPLEMENTAL Memorandum Of Facts and Law by plaintiff EEOC in support of motion to compel discovery [23-1], and for extension of the deadline for identifying alleged victims of discrimination [23-2]; w/exhibits (BAG) (Entered: 08/03/2001)

Aug. 2, 2001

Aug. 2, 2001

27

SECOND SUPPLEMENTAL MEMORANDUM in support of pla's motion to compel discovery by plaintiff EEOC re motion to compel discovery [23-1], and for Extension of the deadline for identifying alleged victims of discrimination; w/exhibits (BAG) (Entered: 08/09/2001)

Aug. 8, 2001

Aug. 8, 2001

28

ORDER Of Reference by Judge Bernice B. Donald referring to Mag Judge James H. Allen the pla's motion to compel discovery [23-1], and for extension of the deadline for identifying alleged victims discrimination [23-2]; Any exceptions to Mag Judge's order shall be made by motion w/in 10 days of order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

29

RESPONSE by defendant Chili's Inc. to pla's motion to compel discovery [23-1], and for extension of the deadline for identifying alleged victims of discrimination [23-2]; w/exhibits (BAG) (Entered: 08/16/2001)

Aug. 15, 2001

Aug. 15, 2001

30

ORDER On Plaintiff's Motion To Compel by Mag Judge James H. Allen granting EEOC's motion to compel discovery [23-1], granting motion for extension of the deadline for identifying alleged victims of discrimination [23-2]; Cozymels's must produce for inspection and copying by EEOC, w/in 15 DAYS of docketing this order, the mentioned portions of these employment applications or employee files; EEOC is given to and including 10/1/01 to identify class members; Cozymels is given to and including 11/1/01 to file any motion to dismiss; In all other respects, the court's order of 4/18/01 is in full force and effect; (cc: all counsel) (BAG) (Entered: 08/22/2001)

Aug. 21, 2001

Aug. 21, 2001

Clearinghouse
31

NOTICE OF FILING OF Plaintiff's withdrawal of motion to compel discovery by plaintiff EEOC; ...dft has now produced documents sufficiently responsive to pla's second request for production of documents; (BAG) (Entered: 08/23/2001)

Aug. 22, 2001

Aug. 22, 2001

32

SUPPLEMENTAL Response by defendant Chili's Inc. to pla's motion to compel discovery and for extension of deadline for identifying alleged victims of discrimination re motion response [29-1] (BAG) (Entered: 08/27/2001)

Aug. 24, 2001

Aug. 24, 2001

33

ORDER by Judge Bernice B. Donald; Pla will be allowed until 10/31/01 to identify to dfts all alleged victims of discrimination for whom pla will seek remedies in this lawsuit; Dfts shall be allowed until 11/30/01 to file initial motions to dismiss; (cc: all counsel) (BAG) (Entered: 08/29/2001)

Aug. 27, 2001

Aug. 27, 2001

34

ORIGINAl ANSWER by defendants to plaintiff's amended complaint [22-1] (BAG) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

35

MOTION by defendants Chili's Inc., Brinker Intl Payroll, Brinker Intl., Inc. for partial dismissal (YDS) (Entered: 12/03/2001)

Nov. 30, 2001

Nov. 30, 2001

36

BRIEF by defendants Chili's Inc., Brinker Intl Payroll, Brinker Intl., Inc. regarding motion for partial dismissal [35-1] (YDS) (Entered: 12/03/2001)

Nov. 30, 2001

Nov. 30, 2001

37

RESPONSE TO DEFENDANTS' PARTIAL MOTION TO DISMISS by plaintiff EEOC to motion for partial dismissal [35-1] (EHG) (Entered: 12/28/2001)

Dec. 27, 2001

Dec. 27, 2001

38

MEMORANDUM OF FACTS AND LAW IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' PARTIAL MOTION TO DISMISS by plaintiff EEOC in support of motion response [37-1] (EHG) (Entered: 12/28/2001)

Dec. 27, 2001

Dec. 27, 2001

39

MOTION by defendants for leave to file reply brief (in support of dft's motion for partial motion to dismiss) (BAG) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

40

CERTIFICATE Of Consultation by defendants re [39-1] (BAG) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

41

SETTING LETTER settlement conference set for 3:00 1/29/02 before Judge Arthur Tarnow; (BAG) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

42

ORDER Denying Defendant's Motion For Partial Dismissal by Judge Bernice B. Donald denying dft's motion for partial dismissal [35-1]; Viewing the facts in the light most favorable to pla, as the EEOC may properly seek recovery for add'l similar acts of discrimination, the Court finds that the claims ... are not time-barred; Dft's motion to dismiss individual claims of Brasher-Zinn and Ferrer is DENIED; finding the motion for leave to file reply brief (in support of dft's motion for partial motion to dismiss) [39-1] moot. (cc: all counsel) (BAG) (Entered: 01/16/2002)

Jan. 15, 2002

Jan. 15, 2002

Clearinghouse
43

CONSENT DECREE by Judge Bernice B. Donald: EEOC and Cozymel's have agreed to this consent decree to settle all claims involved in this lawsuit; It is ORDERED: USDC ... will retain jurisdiction over this decree for purpose of enforcement and dispute resolution; Cozymel's agrees that its supervisors, managers... will not harass employees because of their sex; Cozymel's will pay a total of $117,500.00 to individuals... entitled to relief; Checks will be made payable to each individual in the amount specified by EEOC in Individual Remedy Distribution List (attached); Checks will be sent ... w/in 10 days after entry of this decree; W/in 10 days after entry of this decree, Cozymel's will post notice attached to this decree in a conspicious place at Memphis restaurant...; Notice will remain posted for 30 days; Cozymel's will submit a report to Carson Owen (EEOC) six months after entry of this decree...; EEOC and Cozymel's will each bear its own atty's fees and costs incurred in this action; (cc: all counsel) (BAG) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

Clearinghouse

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 30, 2001

Closing Date: March 27, 2002

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

Brinker International Payroll Corporation, Private Entity/Person

Chili's, 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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 117500

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits