Case: EEOC v. Da Fa Shanghai Inc

4:05-cv-03364 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 29, 2005

Closed Date: May 22, 2007

Clearinghouse coding complete

Case Summary

The EEOC's Houston office filed this suit on September 29, 2005 in the U.S. District Court for the Southern District of Texas (Houston). The EEOC alleged that defendant Da Fa Sjanghi, Inc., doing business as IHop, violated Title VII by discriminating and retaliating against female employees. The complaint alleged that the female employees were subjected to unwanted touching and unwelcome comments. Five complainants intervened in the suit. The defendant never answered the complaint. On March 1, 2007 the EEOC and plaintiffs moved for entry of default judgment. The court granted the motion and entered default judgment on May 22, 2007. The default judgment ordered defendant to pay four complainants $40,000 each. The defendant was also enjoined from discriminating or retaliating, ordered to expunge the complainant's records, ordered to implement a complaint procedure, and ordered to provide training for employees.

Summary Authors

William Burns (3/8/2008)

Documents in the Clearinghouse

Document

4:05-cv-03364

Docket [PACER]

EEOC v. Da Fa Sjanghi Inc

May 22, 2007

May 22, 2007

Docket
1

4:05-cv-03364

Complaint

EEOC v. Da Fa Sjanghi Inc

Sept. 29, 2005

Sept. 29, 2005

Complaint
11

4:05-cv-03364

Complaint in Intervention

EEOC v. Da Fa Sjanghi Inc

Feb. 20, 2006

Feb. 20, 2006

Complaint
28

4:05-cv-03364

Order on Plaintiffs' Motion for Default Judgment

EEOC v. Da Fa Sjanghi Inc d/b/a IHOP

May 22, 2007

May 22, 2007

Order/Opinion

2007 WL 2007

Resources

Docket

Last updated Feb. 15, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Da Fa Sjanghi Inc (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 9/29/2005 (mmapps, ). (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons Issued as to Da Fa Sjanghi Inc , filed.(lfilmore, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2005 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

4

SUMMONS Returned Executed as to Leo Change, as Director of. Da Fa Sjanghi Inc served on 11/30/2005, answer due 12/20/2005, filed.(sguevara, ) (Entered: 12/14/2005)

Dec. 9, 2005

Dec. 9, 2005

5

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

6

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

7

Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 1/12/2006. Scheduling order to be issued. Appearances: Rodolfo Lucio Sustaita.(ERO:R.Konieczny), filed.(rkonieczny) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

8

SCHEDULING ORDER: Trial Term: March/April 2007. ETT: 4 days. Jury trial Amended Pleadings due by 5/1/2006 Joinder of Parties due by 3/1/2006 Pltf Expert Witness List due by 4/3/2006 Deft Expert Witness List due by 5/1/2006 Discovery due by 10/31/2006 Dispositive Motion Filing due by 11/30/2006 Non-Dispositive Motion Filing due by 11/30/2006 Joint Pretrial Order due by 2/23/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny ) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

9

MOTION to Intervene by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson, filed. Motion Docket Date 2/13/2006. (Attachments: # 1 Proposed Order)(jmarchand, ) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

10

ORDER granting 9 Motion to Intervene .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2006)

Feb. 20, 2006

Feb. 20, 2006

11

INTERVENOR COMPLAINT against Da Fa Sjanghi Inc filed by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson.(chorace, ) (Entered: 02/23/2006)

Feb. 20, 2006

Feb. 20, 2006

12

MOTION to Extend Joinder of Parties Deadline by Mary Delaughter, Holly Hamilton, Erica Johnston, Laura Mendez, Wendi Wilson, filed. Motion Docket Date 3/15/2006. (Attachments: # 1 Proposed Order)(chorace, ) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

13

ORDER, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 12 MOTION for Extension of Time Joinder of Parties Deadline.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/27/2006)

Feb. 24, 2006

Feb. 24, 2006

14

Mail Returned Undeliverable as to attorney Mark L Mitchell re: 10 Order on Motion to Intervene, filed. (ghassan, ) (Entered: 03/08/2006)

March 7, 2006

March 7, 2006

Copy of Order #10 renoticed to Atty. Mark L. Mitchell, filed. (ghassan, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

16

ORDER granting 12 MOTION for Extension of Time for Joinder of Parties Deadline, New Parties to be joined, with leave of court, by 6/1/2006.( Signed by Judge Stephen Smith ) Parties notified.(djustice, ) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

17

ORDER that parties are to exchange all trial exhibits on or before February 28, 207.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2007)

Feb. 19, 2007

Feb. 19, 2007

18

ORDER, Pretrial Conference set for 3/1/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2007)

Feb. 19, 2007

Feb. 19, 2007

19

Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 voir dire# 2 jury charge# 3 exhibit list# 4 witness list)(Sustaita, Rodolfo) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

20

Amended Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Amended Jury Charge)(Sustaita, Rodolfo) Modified on 3/2/2007 (ltien, ). (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

21

TRIAL BRIEF by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

22

Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 3/1/2007. Oral motion by Plaintiffs for Entry of Default Judgment heard and granted. Order to issue. Appearances: Rodolfo Lucio Sustaita, Kathy Megas(Court Reporter: Stephanie Carlisle-Neisser), filed.(ealexander, ) (Entered: 03/02/2007)

March 1, 2007

March 1, 2007

23

ORDER Setting Hearing on Motion Motion Hearing set for 4/2/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner to address Plaintiff's Motion for Default Judgment.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/28/2007)

March 23, 2007

March 23, 2007

24

AMENDED ORDER Setting Hearing on Motion for Default Judgment Motion Hearing set for 4/23/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/30/2007)

March 29, 2007

March 29, 2007

25

SECOND AMENDED ORDER Setting Hearing on Motion for Default Judgment Motion Hearing set for 5/22/2007 at 10:00 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

26

Agreed PROPOSED ORDER, filed. (Attachments: # 1 Proposed Order Default Judgment Order)(Sustaita, Rodolfo) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

27

Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 5/22/2007 on Motion for Default Judgment. Testimony taken. Written order to issue. Appearances: Rodolfo Lucio Sustaita, Kathy Megas.(Court Reporter: Ed Reed), filed.(ealexander, ) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

28

ORDER ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT against Da Fa Sjanghi Inc. Case terminated on May 22, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 5/24/2007 (ealexander, ). (Entered: 05/23/2007)

May 22, 2007

May 22, 2007

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: May 22, 2007

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

Da Fa Sjanghi, Inc. (Baytown, TX), 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:

Litigation

Amount Defendant Pays: 160000

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitoring

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

Private Party intervened in EEOC suit