Case: EEOC v. FOSTORIA RESTAURANTS, INC., dba TACO BELL OF FOSTO

3:97-cv-07225 | U.S. District Court for the Northern District of Ohio

Filed Date: March 7, 1997

Closed Date: Dec. 28, 1998

Clearinghouse coding complete

Case Summary

The Cleveland office of the EEOC filed a Title VII lawsuit against Fostoria Restaurants in March 2007 in the Northern District of Ohio. The lawsuit claimed that a female complainant working at the defendant's Fostoria, Ohio Taco Bell was unlawfully terminated for filing a sexual harassment lawsuit. The EEOC and the defendant each filed motions for summary judgment in May, 1998, and in an opinion dated July 22, 1998, the court denied both motions (25 F. Supp. 2d 803 (N.D.Ohio 1998)). Following a series of status and management conferences, the parties entered into a consent decree in November 1998. The consent decree is unavailable at this time.

Summary Authors

Aaron Weismann (2/10/2008)

Documents in the Clearinghouse

Document

3:97-cv-07225

Docket (PACER)

EEOC v. Fostoria Restaurants

Dec. 28, 1998

Dec. 28, 1998

Docket
38

3:97-cv-07225

Memorandum Opinion

E.E.O.C. v. Fostoria Restaurants, Inc.

July 22, 1998

July 22, 1998

Order/Opinion

25 F.Supp.2d 25

Resources

Docket

Last updated March 19, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link

FILING FEE WAIVED on 3/7/97 (G,H) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

1

COMPLAINT; jury demand (Service: waiver issd, magistrate consent form issd) (6 pgs) (L,V) (Entered: 03/13/1997)

March 7, 1997

March 7, 1997

2

CIS filed by plaintiff. Recommended Track: Standard (2 pgs) (L,V) (Entered: 03/13/1997)

March 7, 1997

March 7, 1997

3

ANSWER to Complaint by defendant ( 2 pgs) (N,D) (Entered: 04/11/1997)

April 10, 1997

April 10, 1997

4

CASE MANAGEMENT CONFERENCE scheduling ntc. case management conference set 10:15 am 6/9/97 ; ptys and counsel to attend conf. (issued on 4/15/97) ( 6 pgs) (N,D) (Entered: 04/16/1997)

April 15, 1997

April 15, 1997

5

ORDER: rescheduling CMC due to court conflict case management conference set 10:15 6/3/97 (issued on 5/13/97) (1 pg) Judge David A. Katz (K,V) (Entered: 05/13/1997)

May 13, 1997

May 13, 1997

6

NOTICE by defendant of change of address of its atty R. Kevin Greenfield ( 2 pgs) (N,D) (Entered: 06/04/1997)

May 30, 1997

May 30, 1997

7

POSITION STATEMENT by ptys. Re: Agenda for Case Management Conf. ( 3 pgs) (N,D) (Entered: 06/05/1997)

June 3, 1997

June 3, 1997

8

CASE MANAGMENT PLAN/ORDER: case management conference held 6/3/97 ; Track Designation: standard ; discovery to be complete 1/20/98; ddl for amending pleadings and adding ptys 9/30/97; Mtn filing ddl 2/10/98; 3 weeks for response after filing of said motion; 10 calendar days for reply; status hearing 11:30 am 11/17/97 by telephone ; final pretrial conference 2:00 pm 5/4/98; jury trial 6/9/98 (issued on 6/4/97) ( 3 pgs) Judge David A. Katz (N,D) (Entered: 06/09/1997)

June 4, 1997

June 4, 1997

9

TRIAL ORDER: this case is scheduled for jury trial 9:00 am 6/9/98 ; pltf to submit stip re: undisputed trial facts by 5/12/98; objections due 5/19/98; final stip due to court by 5/26/98; trial briefs and motions in limine to be filed at least 12 calendar days before the date of trial; all other instructions per order. (issued on 6/4/97) ( 5 pgs) Judge David A. Katz (N,D) (Entered: 06/09/1997)

June 4, 1997

June 4, 1997

10

PROOF OF SERVICE by defendant of Rule 26(a) initial disclosures ( 1 pgs) (N,D) (Entered: 07/11/1997)

July 7, 1997

July 7, 1997

11

ORDER: Due to conflict in court's schedule final PT set for 5/4/98 at 2:00 pm is vacated and reset for 10:30 am 5/18/98 (issued on 10/20/97) ( 1 pgs) Judge David A. Katz (N,D) (Entered: 10/22/1997)

Oct. 20, 1997

Oct. 20, 1997

12

ATTORNEY APPEARANCE on behalf of plaintiff by atty Howard R. Besser ( 2 pgs) (N,D) (Entered: 11/05/1997)

Nov. 3, 1997

Nov. 3, 1997

13

ORDER: telephone status conf held 11/17/97 ; discovery is ongoing; all previously scheduled dates remain as orig set (issued on 11/18/97) ( 1 pgs) Judge David A. Katz (N,D) (Entered: 11/19/1997)

Nov. 18, 1997

Nov. 18, 1997

14

MOTION by pltf to extend discovery and dispositive mot dates ( 6 pgs) (rec'd in Toledo for docketing 1/21/98) (N,D) (Entered: 01/21/1998)

Jan. 16, 1998

Jan. 16, 1998

15

ORDER: granting motion by pltf to extend discovery and dispositive mot dates [14-1] ; status conf held 2/2/98; discovery to be complete 4/20/98; final pretrial conference of 5/4/98 is vacated & rescheduled for 2:30 p.m. on 7/27/98; Mtn filing ddl 5/15/98 with resp due 1 wk after filing & reply 1 wk thereafter; jury trial scheduled for 6/9/98 is vacated & rescheduled for 9:00 a.m. on 8/11/98 pltf to submit stip re undisputed facts by 7/17/98, obj by 7/24/98; final stip by 7/31/98; trial briefs & mo of limine to be filed by 7/31/98. (issd) 2 pgs) Judge David A. Katz (R,Ci) (Entered: 02/10/1998)

Feb. 4, 1998

Feb. 4, 1998

16

MOTION by plaintiff to extend time until 5/22/98 to file dispositive mots and related briefs ( 3 pgs) (N,D) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

17

ORDER: granting pltf's motion to extend time until 5/22/98 to file dispositive mots and related briefs [16-1]; response due 1 wk after filing and reply due 1 wk thereafter (issued on 5/19/98) ( 1 pgs) Judge David A. Katz (D,N) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

18

MOTION by deft to exceed page limitation ; re: mot for SJ with memo ( 2 pgs) (D,N) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

19

NOTICE by defendant of filing deposition of Deborah Sue Hendricks ( 2 pgs) (D,N) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

20

DEPOSITION of Deborah Sue Hendricks taken on the following date(s): 11/20/97 on behalf of: deft ( 194 w/53 exh pgs) (D,N) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

21

MOTION by pltf for leave to file partial SJ and declarations instanter ( 5 pgs) (D,N) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

22

NOTICE by plaintiff of filing deposition transcript of Thomas Fees ( 2 pgs) (D,N) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

23

DEPOSITION of Thomas Fees taken on the following date(s): 11/25/97 on behalf of: pltf ( 160 w/75 exh pgs) (D,N) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

24

NOTICE by plaintiff of filing deposition of Donald S. Unruh ( 2 pgs) (D,N) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

25

DEPOSITION of Donald S. Unruh taken on the following date(s): 12/12/97 on behalf of: pltf ( 129 w/75 exh pgs) (D,N) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

MARGINAL ENTRY ORDER: granting motion by pltf for leave to file partial SJ and declarations instanter [21-1] (issued on 5/27/98) Judge David A. Katz (D,N) (Entered: 06/01/1998)

May 27, 1998

May 27, 1998

27

DECLARATION by plaintiff of Lynn M. Gagyi in support of pltf EEOC's memo in support of mot for partial SJ [26-1] ( 5 w/4 attach pgs) (D,N) (Entered: 06/01/1998)

May 27, 1998

May 27, 1998

28

DECLARATION by Teresa Personen in support of pltf EEOC's memo in support of mot for partial SJ [26-1] ( exhs 1-48 pgs) (D,N) (Entered: 06/01/1998)

May 27, 1998

May 27, 1998

26

(MOTION) and memo in support by plaintiff for partial summary judgment and declarations ( 20 pgs) (D,N) (Entered: 06/03/1998)

May 27, 1998

May 27, 1998

MARGINAL ENTRY ORDER: granting motion by deft to exceed page limitation [18-1] (issued on 5/28/98) Judge David A. Katz (D,N) (Entered: 06/01/1998)

May 28, 1998

May 28, 1998

29

MOTION by deft for summary judgment ( 24 w/10 exh pgs) (D,N) (Entered: 06/01/1998)

May 28, 1998

May 28, 1998

30

OPPOSITION by defendant to pltf's motion for partial summary judgment [26-1] ( 8 pgs) (D,N) (Entered: 06/03/1998)

May 29, 1998

May 29, 1998

31

MOTION by deft to strike certain exhibits ( 3 pgs) (D,N) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

32

OPPOSITION by plaintiff to motion by deft for summary judgment [29- 1] ( 22 pgs) (D,N) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

33

REPLY by defendant to pltf's opp re: deft's mot for summary judgment [29-1] ( 6 pgs) (D,N) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

34

MOTION by pltf for leave to file brief in opp to deft's mot to strike certain exhs instanter ( 2 w/31 attach pgs) (D,N) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

35

REPLY by plaintiff to deft's brief in opp to pltf's motion for partial summary judgment [26-1] ( 12 w/7 attach pgs) (D,N) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

MARGINAL ENTRY ORDER: granting motion by pltf for leave to file brief in opp to deft's mot to strike certain exhs instanter [34-1] (issued on 7/9/98) Judge David A. Katz (D,N) (Entered: 07/13/1998)

July 9, 1998

July 9, 1998

36

OPPOSITION by plaintiff to motion by deft to strike certain exhibits [31- 1] ( 5 w/25 attach pgs) (D,N) (Entered: 07/13/1998)

July 9, 1998

July 9, 1998

37

REPLY by defendant to pltf's opp to motion by deft to strike [31-1] ( 5 pgs) (D,N) (Entered: 07/14/1998)

July 10, 1998

July 10, 1998

38

MEMORANDUM OPINION: Both motions for SJ are denied [26-1] [29- 1] [31-1] (issued on 7/22/98) ( 12 pgs) Judge David A. Katz (D,N) (Entered: 07/28/1998)

July 22, 1998

July 22, 1998

39

JUDGMENT ENTRY: denying pltf's motion for partial summary judgment [26-1], denying motion by deft for summary judgment [29-1], deft's mot to strike is granted in part and denied in part, as set forth in memo opinion filed contemporaneously with the JE [31-1] (issued on 7/22/98) ( 1 pgs) Judge David A. Katz (D,N) (Entered: 07/28/1998)

July 22, 1998

July 22, 1998

40

ORDER: Ct conducted final PT on 7/27/98; trial date cont to 8/12/98 ; stip as to undisputed facts by 8/5/98; complete tr briefs and mots in limine on or before 8/5/98; proposed witn list must be filed on or before 8/5/98 (issued on 7/28/98) ( 2 pgs) Judge David A. Katz (D,N) (Entered: 07/31/1998)

July 28, 1998

July 28, 1998

41

MOTION by by joint parties for order approving consent decree ( 2 pgs) (K,V) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

42

CONSENT DECREE: granting motion by parties (joint) for order approving consent decree; please refer to order for all details [41-1] (issued on 11/3/98) ( 4 w/2 exh pgs) Judge David A. Katz (D,N) (Entered: 11/05/1998)

Nov. 3, 1998

Nov. 3, 1998

43

POST-JUDGMENT MOTION by ptys to amend and enter amd consent decree ( 2 pgs) (D,N) (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

44

AMENDMENT to Consent Decree; please refer to Consent Decree for all details [42-1]; Judge David A. Katz ( 5 w/2 exh pgs) (D,N) (Entered: 12/30/1998)

Dec. 28, 1998

Dec. 28, 1998

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 7, 1997

Closing Date: Dec. 28, 1998

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

Fostoria Restaurants, Inc. (Fostoria, Ohio), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

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