Case: EEOC v. SONIC DRIVE-IN

1:05-cv-01033 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 27, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the EEOC district office in Phoenix, Arizona brought this suit against Sonic Drive-In, a regional fast-food chain, in the U.S. District Court for the District of New Mexico. The complaint states that two pregnant former employees alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it unlawfully refused to hire and/or discharged them because of their pregnancies. Two months after the only settlement conference during the litigation, a consent d…

In September 2005, the EEOC district office in Phoenix, Arizona brought this suit against Sonic Drive-In, a regional fast-food chain, in the U.S. District Court for the District of New Mexico. The complaint states that two pregnant former employees alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it unlawfully refused to hire and/or discharged them because of their pregnancies. Two months after the only settlement conference during the litigation, a consent decree was entered in October 2006.

In the consent decree, the parties agreed that the defendant would pay the women a total of $23,500, refrain from retaliating and discriminating on the basis of sex, institute and distribute a non-discrimination policy, revise any existing policies, post an EEO notice, provide EEO training, submit complaint/compliance reports, and allow the EEOC unfettered access to all consent decree documentation. No fees or costs were awarded. The terms of the agreement runs for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Joel Pettit (7/3/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

1:05-cv-01033

Docket

EEOC v. RWW Enterprises, Inc, et al

Oct. 26, 2006

Oct. 26, 2006

Docket
1

1:05-cv-01033

Complaint

Equal Employment Opportunity Commission v. RWW Enterprises, Inc. d/b/a Sonic Drive-In

Sept. 27, 2005

Sept. 27, 2005

Complaint
4

1:05-cv-01033

First Amended Complaint

Equal Employment Opportunity Commission v. Richard Donaldson, RWW Enterprises, Inc., and M&D Industries, d/b/a Sonic Drive-In

Jan. 17, 2006

Jan. 17, 2006

Complaint
23

1:05-cv-01033

Consent Decree

Equal Employment Opportunity Commission v. Richard Donaldson, RWW Enterprises, Inc., and M&D Industries d/b/a Sonic Drive-In

Oct. 26, 2006

Oct. 26, 2006

Settlement Agreement

Resources

Docket

Last updated April 4, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge Richard L. Puglisi) (nc) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

Clearinghouse

LETTER re: consent to proceed before a US Magistrate Judge (nc) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

SUMMONS issued to Richard Donaldson (sl) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

2

NOTICE by plaintiff of refusal to consent to proceed before a U.S Magistrate Judge (sl) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

3

MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Magistrate Judge Alan Torgerson to District Judge Judith C. Herrera (cc: all counsel*) (sl) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

4

AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Richard Donaldson, M & D Industries (sl) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

Clearinghouse
5

ANSWER by RWW Enterprises, Inc, Richard Donaldson, M & D Industries [4-1] (sl) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

6

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants on 1/18/06 (sl) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

7

INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 4/19/06 at 11:00 am; provisional discovery plan and IPTR due on 4/12/06 (cc: all counsel*) (sl) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

8

NOTICE by defendants' counsel of unavailability of counsel from 5/22/06 through 5/31/06 (sl) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

9

PROVISIONAL DISCOVERY PLAN by the parties* (kd) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

10

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 4/13/06* (sl) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

11

CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference held (sl) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

12

ORDER by Magistrate Judge Richard L. Puglisi setting settlement conference for 7/18/06 at 9:00 am (cc: all counsel*) (sl) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

13

CERTIFICATE of service by plaintiff of first request for admissions, first set of interrogatories and first request for production of documents to counsel on 5/8/06* (sl) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

14

CERTIFICATE by defts of Service of 1st set of interrog(s) to counsel on 05/09/06 (nc) Modified on 05/16/2006 (Entered: 05/12/2006)

May 11, 2006

May 11, 2006

15

INITIAL PRE-TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge Richard L. Puglisi; Discovery set for 8/16/06; mtn filing ddl set for 10/5/06; proposed pretrial order due 12/21/06; pretrial conference set for 2:00 p.m. on 2/8/07; jury trial set for 9:00 a.m. on 2/20/07 in Albuquerque, NM; Estimated # of Trial Days: 5; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

16

ORDER by Magistrate Judge Richard L. Puglisi resetting settlement conference for 8/14/06 at 1:00 pm (cc: all counsel*) (sl) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

17

CERTIFICATE by defts of Service of responses to 1st request for production, joint answers to 1st set of interrog(s) & joint responses to 1st request for admissions to counsel on 06/09/06 (nc) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

18

CERTIFICATE of service by plaintiff of responses and objections to defts' first set of interrogatories to counsel on 6/19/06* (sl) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

19

NOTICE by plaintiff's counsel of unavailability from 7/24/06 through 8/4/06 * (sl) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

20

CERTIFICATE by defts of service of supplemental interrogatories to counsel on 8/4/06 (eh) (Entered: 08/07/2006)

Aug. 4, 2006

Aug. 4, 2006

21

CERTIFICATE of service by plaintiff of supplementtal responses and objection to deft's first set of interrogatories to counsel on 8/14/06* (sl) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

22

SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi; case settled* (dmw) (Entered: 08/18/2006)

Aug. 16, 2006

Aug. 16, 2006

23

CONSENT DECREE by District Judge Judith C. Herrera (see document for specifics) dismissing case (cc: all counsel) (mjr) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

Clearinghouse

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2005

Closing Date: 2009

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

M&D Industries, Private Entity/Person

Richard Donaldson, Private Entity/Person

RWW Enterprises, Inc., 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: 23500

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits