Case: EEOC v. SIZZLER USA RESTAURANTS, INC

5:06-cv-06142 | U.S. District Court for the Northern District of California

Filed Date: Sept. 29, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In September 2006, the San Francisco District Office of the EEOC filed this lawsuit against restaurant chain Sizzler USA Restaurants in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender (female) and national origin (Mexican) in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the complaining party was subjected to a hostile work environment and constructive discharge. The complainant int…

In September 2006, the San Francisco District Office of the EEOC filed this lawsuit against restaurant chain Sizzler USA Restaurants in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender (female) and national origin (Mexican) in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the complaining party was subjected to a hostile work environment and constructive discharge. The complainant intervened in the lawsuit in January 2007.

On May 16, 2008, an entry of default was entered against the defendants, and on May 20, 2008 the court granted the EEOC's motion to compel documents from the defendant. After the EEOC filed a motion for discovery order for civil contempt on June 23, 2008, the parties reached a settlement.

The five-year consent decree was entered into on August 28, 2008. The agreement enjoined the defendants from engaging harassment or retaliation on the basis of in sex or national origin. Further, the defendants agreed to modify their employment policies to include a provision requiring employees be provided the antidiscrimination and complaint procedure in their native language, among other things. The agreement required that the revised policy be posted in the restaurant and distributed to all employees. Further, the defendants agreed to hold supervisors accountable for discriminatory behavior, ensure supervisors enforced and carried out the nondiscrimination policies, and train employees on discrimination and harassment issues. The defendants were required to pay the charging party $300,000 and file periodic reports with the EEOC District Office for five years after the entry of the consent decree. As there was no further enforcement action, presumably the case is now closed.

Summary Authors

Daisy Manning (5/28/2008)

Rachel Barr (1/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166297/parties/equal-employment-opportunity-commision-v-sizzler-usa-restaurants-inc/


Judge(s)

Fogel, Jeremy D. (California)

Attorney for Plaintiff

Offen-Brown, David F. (California)

Ordonio-Dixon, Linda Susan (California)

Attorney for Defendant

Mertens, Glen Henry (California)

Expert/Monitor/Master/Other

Newman, Mari Anne (Colorado)

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Documents in the Clearinghouse

Document

5:06-cv-06142

Docket (PACER)

EEOC v. Sizzler USA Restaurants, Inc.

Nov. 25, 2009

Nov. 25, 2009

Docket
1

5:06-cv-06142

Complaint

EEOC v. Sizzler USA Restaurants, Inc.

Sept. 29, 2006

Sept. 29, 2006

Complaint
18

5:06-cv-06142

Order Granting Motion to Compel Discovery

EEOC v. Sizzler USA Restaurants, Inc.

April 10, 2007

April 10, 2007

Order/Opinion
39

5:06-cv-06142

Consent Decree

EEOC and Huzache v. Sizzler

Aug. 28, 2008

Aug. 28, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166297/equal-employment-opportunity-commision-v-sizzler-usa-restaurants-inc/

Last updated March 27, 2024, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Civil Rights Employment Discrimination against Sizzler USA Restaurants, Inc.. Filed byEqual Employment Opportunity Commision. (gm, COURT STAFF) (Filed on 9/29/2006) Additional attachment(s) added on 10/18/2006 (gm, COURT STAFF). (Entered: 10/02/2006)

Sept. 29, 2006

Sept. 29, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 1/5/2007. Case Management Conference set for 1/12/2007 10:30 AM. (Attachments: # 1 Standing Order)(gm, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)

1 Standing Order

View on PACER

Sept. 29, 2006

Sept. 29, 2006

PACER
3

MOTION to Intervene filed by Patricia Huizache. Motion Hearing set for 1/12/2007 09:00 AM. (Attachments: # 1 Proposed Order)(Shaw, Eric) (Filed on 12/8/2006) (Entered: 12/08/2006)

1 Proposed Order

View on PACER

Dec. 8, 2006

Dec. 8, 2006

PACER
4

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commision (Ordonio-Dixon, Linda) (Filed on 12/20/2006) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
5

Statement of Non-Opposition re 3 MOTION to Intervene filed byEqual Employment Opportunity Commision. (Related document(s) 3 ) (Ordonio-Dixon, Linda) (Filed on 12/20/2006) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
6

STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commision on behalf of EEOC and Defendant Sizzler (Ordonio-Dixon, Linda) (Filed on 12/21/2006) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

PACER
7

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Ordonio-Dixon, Linda) (Filed on 12/21/2006) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

PACER
8

ORDER REFERRING CASE to Mediation.. Signed by Judge Jeremy Fogel on 12/22/06. (jfsec, COURT STAFF) (Filed on 12/22/2006) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
9

CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commision. (Ordonio-Dixon, Linda) (Filed on 1/5/2007) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
10

ANSWER to Complaint with Jury Demand bySizzler USA Restaurants, Inc.. (gm, COURT STAFF) (Filed on 1/5/2007) (Entered: 01/09/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
11

Certificate of Interested Entities or Persons of Defendant Sizzler USA Restaurants, Inc. (gm, COURT STAFF) (Filed on 1/5/2007) (Entered: 01/09/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
12

CLERK'S NOTICE re: Failure to E-File Answer to Complaint and Certificate of Interested Entities or Persons and/or Failure to Register as an E-Filer (gm, COURT STAFF) (Filed on 1/9/2007) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
13

ADR Clerk's Notice Appointing Kristen W. Maloney as Mediator. (cmf, COURT STAFF) (Filed on 1/9/2007) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
14

ORDER by Judge Jeremy Fogel granting 3 Motion to Intervene (jflc1, COURT STAFF) (Filed on 1/12/2007) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

RECAP
15

Minute Entry: Motion to Intervene hearing held on 1/12/2007 before Judge Jeremy Fogel. The motion is taken under submission. (See Order-Docket Number 14) (Date Filed: 1/12/2007). Case Management Conference held on 1/12/2007 before Judge Jeremy Fogel. Court adopts the proposed case schedule. (Date Filed: 1/12/2007). Jury Trial set for 7/11/2008 01:30 PM. Pretrial Conference set for 6/6/2008 11:00 AM. (Court Reporter Irene Rodriguez.) (dlm, COURT STAFF) (Date Filed: 1/12/2007) (Entered: 01/16/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
16

MOTION to Compel Discovery Responses filed by Equal Employment Opportunity Commision. Motion Hearing set for 4/17/2007 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Dixon# 2 Proposed Order # 3 Exhibit A to G)(Ordonio-Dixon, Linda) (Filed on 3/9/2007) (Entered: 03/09/2007)

1 Affidavit of Dixon

View on PACER

2 Proposed Order

View on PACER

3 Exhibit A to G

View on PACER

March 9, 2007

March 9, 2007

PACER
17

CERTIFICATION OF MEDIATION Session dated 3/21/2007 by Mediator, Kristen Maloney; Mediation session hled 3/15/2007; Case did not settle; No follow-up contemplated; Mediation process is complete. (cmf, COURT STAFF) (Filed on 3/23/2007) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER
18

ORDER by Judge Patricia V. Trumbull granting 16 Motion to Compel and Vacating Hearing Date (pvtlc2, COURT STAFF) (Filed on 4/10/2007) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

RECAP
19

MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed by Equal Employment Opportunity Commision. Motion Hearing set for 6/26/2007 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit "Dixon Declaration in Support of Motion for Order of Civil Contempt"# 2 Proposed Order)(Ordonio-Dixon, Linda) (Filed on 5/22/2007) (Entered: 05/22/2007)

1 Affidavit "Dixon Declaration in Support of Motion for Order of Civil Contem

View on PACER

2 Proposed Order

View on PACER

May 22, 2007

May 22, 2007

PACER
20

Reply Memorandum re 19 MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed byEqual Employment Opportunity Commision. (Ordonio-Dixon, Linda) (Filed on 6/11/2007) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

PACER
21

Minute Entry: Motion Hearing held on 6/26/2007; Matter Submitted before Patricia V. Trumbull (Date Filed: 6/26/2007) re 19 MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed by Equal Employment Opportunity Commision. (Court Reporter Jana Ridenour.) (cm, COURT STAFF) (Date Filed: 6/26/2007) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

PACER
22

ORDER re: Plaintiff's Motion for Contempt. Signed by Judge Patricia V. Trumbull on July 5, 2007. (pvtlc2, COURT STAFF) (Filed on 7/5/2007) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

RECAP
23

MOTION for Extension of Time to Complete Discovery (Joint) filed by Equal Employment Opportunity Commision. (Ordonio-Dixon, Linda) (Filed on 8/10/2007) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
24

ORDER by Judge Jeremy Fogel granting 23 Motion to Extend Case Deadlines. (dlm, COURT STAFF) (Filed on 8/28/2007) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
25

Declaration of Glen H. Mertens Regarding Defendant Sizzler USA Restaurants, Inc.'s Efforts to Provide Responsive Documents and Comply With Discovery Order filed bySizzler USA Restaurants, Inc.. (Mertens, Glen) (Filed on 9/4/2007) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
26

ORDER by Judge Patricia V. Trumbull Denying As Moot and Without Prejudice 19 Motion for Contempt (pvtlc2, COURT STAFF) (Filed on 11/7/2007) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

RECAP
27

MOTION to Compel filed by Equal Employment Opportunity Commision. Motion Hearing set for 5/20/2008 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Ordonio-Dixon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Ordonio-Dixon, Linda) (Filed on 4/14/2008) (Entered: 04/14/2008)

1 Affidavit of Ordonio-Dixon

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Proposed Order

View on PACER

April 14, 2008

April 14, 2008

PACER
28

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 6/3/2008 10:00 AM. (cm, COURT STAFF) (Filed on 4/15/2008) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

PACER
29

MOTION for Entry of Default against Sizzler USA Restaurants Inc., filed by Patricia Huizache. (Shaw, Eric) (Filed on 5/6/2008) (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

PACER
30

Reply Memorandum re 27 MOTION to Compel filed byEqual Employment Opportunity Commision. (Attachments: # 1 Affidavit of Dixon)(Ordonio-Dixon, Linda) (Filed on 5/7/2008) (Entered: 05/07/2008)

1 Affidavit of Dixon

View on PACER

May 7, 2008

May 7, 2008

PACER
31

Clerk's DECLINATION OF DEFAULT (Related documents(s) 29 ) (srm, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

PACER
32

MOTION for Entry of Default filed by Patricia Huizache. (Shaw, Eric) (Filed on 5/14/2008) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

PACER
33

Clerk's Notice ENTRY OF DEFAULT (Related documents(s) 32 ) (srm, COURT STAFF) (Filed on 5/16/2008) (Entered: 05/19/2008)

May 16, 2008

May 16, 2008

PACER
34

ORDER GRANTING PLAINTIFF EEOC'S MOTION TO COMPEL by Judge Patricia V. Trumbull granting 27 Motion to Compel (pvtlc2, COURT STAFF) (Filed on 5/20/2008) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

PACER
35

MOTION for Discovery Order for Civil Contempt ( filed by Equal Employment Opportunity Commision. Motion Hearing set for 7/29/2008 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Dixon)(Ordonio-Dixon, Linda) (Filed on 6/23/2008) (Entered: 06/23/2008)

1 Affidavit of Dixon

View on PACER

June 23, 2008

June 23, 2008

PACER
36

MOTION to Continue Hearing on Renewed Motion For Contempt (Jt Stipulation) filed by Equal Employment Opportunity Commision. Motion Hearing set for 8/26/2008 10:00 AM in Courtroom #4, 5th Floor, San Jose. (Ordonio-Dixon, Linda) (Filed on 7/15/2008) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
37

Proposed Order - CONSENT DECREE by Equal Employment Opportunity Commision. (Ordonio-Dixon, Linda) (Filed on 8/22/2008) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
38

Notice of Withdrawal of Motion for Order of Civil Contempt filed byEqual Employment Opportunity Commision. (Ordonio-Dixon, Linda) (Filed on 8/26/2008) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
39

CONSENT DECREE re 37 Proposed Order filed by Equal Employment Opportunity Commision. Signed by Judge Jeremy Fogel on 8/28/08. (jfsec, COURT STAFF) (Filed on 8/28/2008) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sizzler USA Restaurants, Inc. (Redwood City, California), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

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: 300000

Order Duration: 2008 - 2013

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Training

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian