Case: EEOC v. PUCCINI & PASTA LLC

2:03-cv-02726 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 25, 2003

Closed Date: Feb. 15, 2005

Clearinghouse coding complete

Case Summary

In September 2003, the Memphis Office of the EEOC filed this lawsuit against Puccini and Pasta LLC 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 defendant was accused of sexually harassing complainants, female employees, leading to the constructive discharge of some of the complainants, in violation of Title VII of the Civil Rights Act of 1964. The defendant had ceased operating its restaurant in Tennessee and was in the process of dissolving. Following a withdrawn motion to dismiss by the defendant in June 2004 and some discovery, the parties settled the lawsuit through a consent decree in February 2005. The consent decree required the defendant to pay a total of $50,000 in monetary damages to the alleged victims.

Summary Authors

David Friedman (10/31/2007)

Documents in the Clearinghouse

Document

2:03-cv-02726

Docket (PACER)

EEOC v. Puccini & Pasta LLC

Feb. 15, 2005

Feb. 15, 2005

Docket
39

2:03-cv-02726

Order Denying Plaintiff's Motion to Compel Discovery

Equal Employment Opportunity Commission v. Puccini and Pasta LLC

Jan. 28, 2005

Jan. 28, 2005

Order/Opinion
40

2:03-cv-02726

Consent Decree

Equal Employment Opportunity Commission v. Puccini and Pasta LLC

Jan. 28, 2005

Jan. 28, 2005

Settlement Agreement
41

2:03-cv-02726

Judgment in a Civil Case

Equal Employment Opportunity Commission v. Puccini and Pasta LLC

Feb. 15, 2005

Feb. 15, 2005

Order/Opinion

Resources

Docket

Last updated Jan. 28, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons NOT issued) ; Filing fee $ waived (AGJ) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

SUMMONS issued as to Jorge Cortez, agent for service of process for Puccini and Pasta, LLC (JAE) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

2

ORDER TRANSFERING CASE by Mag Judge James H. Allen: Clerk is directed to reassign magistrate designation to Magistrate Judge S. Thomas Anderson for all pending and future references and for consent to trial by Magistrate (cc: all counsel) (JAE) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

3

MOTION by defendant Puccini & Pasta LLC for attorney Rafael Sanchez-Aballi to appear pro hac vice (JAE) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

PRO HAC VICE FEE PAID: in the amount of $ 100. receipt # M 87708 by Sanchez-Aballi & Partners (JAE) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

4

MOTION AND MEMORANDUM OF LAW IN SUPPORT by defendant Puccini & Pasta LLC to dismiss pursuant to Rule 12(b) and Rule 12(b)(6) (JAE) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

5

SETTING LETTER ; scheduling conference set for 2:00 6/3/04 before Judge Anderson in room 934, 9th floor (JAE) (Entered: 04/21/2004)

April 20, 2004

April 20, 2004

6

ADDENDUM to certificate of consultation to motion for special admission by defendant Puccini & Pasta LLC (certificate was incorporated into motion) (JAE) (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

7

MOTION by plaintiff EEOC for leave to file amended complaint (JAE) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

8

MEMORANDUM by plaintiff EEOC in support of motion for leave to file amended complaint [7-1] (JAE) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

9

CERTIFICATE OF CONSULTATION by plaintiff EEOC re: motion for leave to amend complaint (JAE) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

10

RESPONSE by plaintiff EEOC to defendant's motion to dismiss pursuant to Rule 12(b) and Rule 12(b)(6) [4-1] (JAE) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

11

AFFIDAVIT of Carson L. Owen in suppor of plaintiff's response to defendant's motion to dismiss re: [10-1] (JAE) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

13

SCHEDULING ORDER: Amended Pleadings due by 8/3/2004. Discovery due by 11/30/2004. Joinder of Parties due by 8/3/2004. Motions due by 12/30/2004. case set for jury trial expected to last 5 days; absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge S. Thomas Anderson. (jae, ) (Entered: 06/08/2004)

June 4, 2004

June 4, 2004

14

Letter from Thomas P. Schult with the firm Berkowitz Stanton Brandt Williams & Shaw stating that they are not counsel for any parties to this case. (jae, ) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

15

NOTICE OF FILING EXHIBITS TO [4] Motion to Dismiss by Puccini and Pasta LLC (jae, ) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

16

MOTION to Withdraw [4] Defendant's Motion to Dismiss by Puccini and Pasta LLC. (jae, ) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

17

CERTIFICATE of Counsel re [16] MOTION to Withdraw [4] Motion to Dismiss by Rafael Sanchez-Aballi on behalf of Puccini and Pasta LLC (jae, ) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

18

ORDER GRANTING [16] DEFENDANT'S MOTION TO WITHDRAW MOTION TO DISMISS [4]. Signed by Judge Bernice B. Donald. (jae, ) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

19

ORDER granting [3] Motion For Admission Pro Hac Vice of Attorney Rafael J. Sanchez-Aballi . Signed by Judge Bernice B. Donald. (jae, ) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

20

NOTICE OF CHANGE OF FIRM NAME AND CONTACT INFORMATION by Rafael Sanchez-Aballi. (tlh, ) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

21

SETTING LETTER: Jury Trial set for 4/18/2005 09:00 AM in Courtroom 3 - Memphis before Bernice B. Donald. Pretrial Conference set for 4/4/2005 01:30 PM in Courtroom 3 - Memphis before Bernice B. Donald. Proposed Joint Pretrial Order due 3/28/2005.(tlh, ) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

22

MOTION for an Order Compelling Discovery by Equal Employment Opportunity Commission. (tlh, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

23

MEMORANDUM of Facts and Law in Support of [22] MOTION for an Order Compelling Discovery filed by Equal Employment Opportunity Commission. (w/exhibits attached; document placed in separate folder) (tlh, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

24

Joint MOTION to Extend Two Scheduling Order Deadlines by Equal Employment Opportunity Commission, Puccini and Pasta LLC. (tlh, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

25

Joint MOTION for a Protective Order by Equal Employment Opportunity Commission, Puccini and Pasta LLC. (tlh, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

26

NOTICE of Change of Firm Name and Contact Information by Rafael Sanchez-Aballi.(docket corrected on 8/4/2004 to reflect current information)(tlh, ) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

27

ORDER CHANGING DISCOVERY AND DISPOSITIVE MOTION DEADLINES Granting [24] Joint Motion to Extend Two Scheduling Order Deadlines. Signed by Judge S. Thomas Anderson. Completing All Discovery Deadline: 12/30/2004 ; Filing Dispositive Motions due by 1/31/2005. (tlh, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

Set/Reset Deadlines: Completing All Discovery due by 12/30/2004. Filing Dispositive Motions due by 1/31/2005. (tlh, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

28

PROTECTIVE ORDER Granting [25] Joint Motion for a Protective Order. Signed by Judge S. Thomas Anderson. (tlh, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

29

MOTION for Leave to File a Reply to Defendant's Response to Plaintiff's Motion for an Order Compelling Discovery by Equal Employment Opportunity Commission. (ehg, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

30

MEMORANDUM in Support re [29] MOTION for Leave to File a Reply to Defendant's Response to Plaintiff's Motion for an Order Compelling Discovery filed by Equal Employment Opportunity Commission. (ehg, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

31

RESPONSE to Plaintiff's Motion to Compel Discovery and Memorandum of Law in Support Thereof re [22] MOTION to Compel filed by Puccini and Pasta LLC. (ehg, ) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

32

NOTICE/MEMORANDUM OF LAW IN SUPPORT OF THE DEFENANT'S RESPONSE TO THE PLAINTIFF'S MOTION FOR AN ORDER COMPELLING DISCOVERY by Puccini and Pasta LLC re [31] Response to Motion (ehg, ) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

33

CERTIFICATE of Consultation re [31] Response to Motion by Rafael Sanchez-Aballi on behalf of Puccini and Pasta LLC (ehg, ) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

34

ORDER Granting [29] Motion for Leave to File a Reply to Defendant's Response to Plaintiff's Motion to Compel. Plaintiff shall file its Reply Brief within 10 days of entry of this Order. Signed by Judge S. Thomas Anderson. (tlh, ) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

35

Joint MOTION to Extend Scheduling Order Deadlines by Equal Employment Opportunity Commission, Puccini and Pasta LLC. (tlh, ) (Entered: 01/03/2005)

Dec. 30, 2004

Dec. 30, 2004

36

CERTIFICATE OF CONSULTATION Concerning Joint [35] MOTION to Extend Scheduling Order Deadline by Rafael Sanchez-Aballi on behalf of Puccini and Pasta LLC. (tlh, ) (Entered: 01/03/2005)

Dec. 30, 2004

Dec. 30, 2004

37

REPLY to Defendant's [31] Response to Plaintiff's [22] Motion for an Order Compelling Discovery by Equal Employment Opportunity Commission. (tlh, ) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

38

ORDER Granting [35] Joint Motion to Extend Scheduling Order Deadlines.Completing All Discovery due by 1/31/2005. Filing Dispositive Motions due by 2/18/2005. Signed by Judge S. Thomas Anderson. (tlh, ) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

40

CONSENT DECREE. Signed by Judge Bernice B. Donald. (tlh, ) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

41

JUDGMENT It is Ordered and Adjudged that in accordance with the provisions as set forth in the Consent Decree, entered January 31, 2005, this case is hereby Dismissed. Signed by Judge Bernice B. Donald. (tlh, ) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 2003

Closing Date: Feb. 15, 2005

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

Puccini and Pasta LLC (Memphis, Tennessee), Private Entity/Person

Puccini and Pasta 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

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