Case: EEOC v. Rock-N-Rol, LLC d/b/a "Quiznos"

2:05-cv-04787 | U.S. District Court for the Central District of California

Filed Date: June 30, 2005

Closed Date: June 18, 2007

Clearinghouse coding complete

Case Summary

In June 2005 the Los Angeles District Office of the EEOC filed this lawsuit against Rock-N-Roll LLC and the owner, Michael Barbee, both doing business as the restaurant Quiznos, in the U.S. District Court for the Central District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following some discovery, the court entered a default judgment against the defendants in June 2007. The judgment placed an injunction against the defendants from discriminating or retaliating against employees and required the defendants to pay $200,000 to the EEOC office for distribution at its own discretion.

Summary Authors

David Friedman (4/28/2008)

Documents in the Clearinghouse

Document

2:05-cv-04787

Docket [PACER]

EEOC v. Rock-N-Rol, LLC

June 18, 2007

June 18, 2007

Docket
55

2:05-cv-04787

Order Denying Defendant Michael Barbee's Motion for Summary Judgment

EEOC v. Rock-N-Roll, LLC

March 7, 2007

March 7, 2007

Order/Opinion
89

2:05-cv-04787

Judgment

EEOC v. Rock-N-Rol, LLC

June 18, 2007

June 18, 2007

Order/Opinion

Resources

Docket

Last updated March 18, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Rock-N-Rol LLC, Michael Barbee, Does.(No Filing fee Required) jury demanded. , filed by plaintiff United States Equal Employment Opportunity Commission.(pj, ) (Entered: 07/08/2005)

June 30, 2005

June 30, 2005

20 day Summons Issued re Complaint - (Discovery)[1] as to Rock-N-Rol LLC, Michael Barbee, Does. (pj, ) (Entered: 07/08/2005)

June 30, 2005

June 30, 2005

2

CERTIFICATION of Interested Parties filed by Plaintiff United States Equal Employment Opportunity Commission. (pj, ) (Entered: 07/08/2005)

June 30, 2005

June 30, 2005

FAX number for Attorney Anna Y Park, Cherry-Marie D Rojas is 213-894-1301. (pj, ) (Entered: 07/08/2005)

June 30, 2005

June 30, 2005

3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(pj, ) (Entered: 07/08/2005)

June 30, 2005

June 30, 2005

4

STANDING ORDER by Judge Nora M. Manella: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assifned to the calendar of Judge Nora M Manella. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. this order applies to all parties including thise appearing in pro se. To secure the just speedy, and inexpensive determination of every action, Fed.R.Civ.P.1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. (See order for further details),(shb, ) (Entered: 07/08/2005)

July 1, 2005

July 1, 2005

5

MINUTES OF IN CHAMBERS ORDER by Judge Nora M. Manella : Counsel are notified that this action has been recently assigned to this Court. The correct number for this case is now CV 05-04787 NM(JTLx). All subsequent documents filed with the court must reflect this case number. All documents must be in Times Roman 14 font, pursuant to Local Rule 11-3.1.1. Judge Manella is located in Courtroom 11, Spring Street Level, 312 N. Spring St., Los Angeles, Ca. Counsel are encouraged to review the Central District's website for additional information. The address is "http://www.cacd.uscourts.gov"Court Reporter: N/A. (shb, ) (Entered: 07/08/2005)

July 1, 2005

July 1, 2005

6

NOTICE OF WAIVER OF SERVICE OF SUMMONS Returned Executed filed by plaintiff United States Equal Employment Opportunity Commission. upon defendants Rock-N-Rol LLC waiver sent by Plaintiff on 8/11/2005, answer due 10/11/2005; Michael Barbee waiver sent by Plaintiff on 8/11/2005, answer due 10/11/2005. Waiver of Service signed by Michael V. Barbee. (jp, ) (Entered: 09/12/2005)

Sept. 9, 2005

Sept. 9, 2005

7

ANSWER to Complaint - (Discovery)[1] filed by defendant Michael Barbee.(bg, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

8

CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Michael Barbee. (bg, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

9

MINUTES OF IN CHAMBERS ORDER by Judge Nora M. Manella : Counsel are notified that a Scheduling Conference is set for 12/12/2005 09:00 AM before Honorable Nora M. Manella. Counsel are reminded that their joint status report in conformance with Rule 26(f) and this Courts requirements, in the Standing Order, is to be filed no later than 11/14/05. This case is part of the ADR Pilot Program.Court Reporter: Not present. (bg, ) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

11

DECLARATIONS REGARDING FAILURE TO File Rule 26(f) Statement Pleading and Request for Relief filed by Plaintiff United States Equal Employment Opportunity Commission. (yl, ) (Entered: 11/23/2005)

Nov. 18, 2005

Nov. 18, 2005

10

MINUTES OF IN CHAMBERS ORDER by Judge Nora M. Manella : No later than 12/5/05, Defendant Michael V Barbee shall file with the court, in writing, a declaration stating stating under oath whether he is licensed to practice law and admitted to practice before this court. If Mr Barbee is not an attorney, he may not represent Rock-n-Rol, LLC, and any answer filed by Mr Barbee on behalf of Rock-n-Roll LLC will be stricken.Court Reporter: Not present. (bg, ) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

12

NOTICE of Change of Attorney Information: Cherry-Marie D Rojas is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by plaintiff United States Equal Employment Opportunity Commission (bg, ) (Entered: 12/12/2005)

Dec. 7, 2005

Dec. 7, 2005

14

NOTICE of non-compliance with court order filed by plaintiff United States Equal Employment Opportunity Commission. (ca, ) (Entered: 12/14/2005)

Dec. 9, 2005

Dec. 9, 2005

13

MINUTES OF Scheduling Conference before Judge Nora M. Manella : Defendant indicates he will be represented by counsel within 30 days. Scheduling conference is continued to 2/13/2006 09:00 AM. Updated jojint report to be filed no later than 1/23/06. ADR questionnaire to be filed with the joint status report.Court Reporter: Not Present. (bg, ) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

15

Second Notice of Non-Compliance With Court Order filed by Plaintiff United States Equal Employment Opportunity Commission. (pbap, ) (Entered: 01/31/2006)

Jan. 20, 2006

Jan. 20, 2006

16

MINUTES OF IN CHAMBERS ORDER by Judge Nora M. Manella : 13 The Court has been notified that defendant has retained counsel. New counsel is directed to file a substitution of attorney, forthwith. The Scheduling Conference set for 2/13/06 is continued to 3/20/06, at 9:00 am before Judge Nora M. Manella. Counsel are to meet & confer, no later than 2/27/06 counsel are to file their joint status report & ADR questionnaire Court Reporter: n/a. (jhu, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

17

NOTICE OF DISCREPANCY AND ORDER: by Judge Nora M. Manella, ORDERING ADR Pilot Program Questionnaire submitted by Defendants Rock-N-Rol LLC, Michael Barbee received on 2/7/06 is not to be filed but instead rejected. Denial based on: Not signed by both parties counsel.(bg, ) (Entered: 02/13/2006)

Feb. 8, 2006

Feb. 8, 2006

18

NOTICE OF DISCREPANCY AND ORDER: by Judge Nora M. Manella, ORDERING Joint Report of Early Meeting submitted by Defendants Rock-N-Rol LLC, Michael Barbee received on 2/7/06 is not to be filed but instead rejected. Denial based on: not signed by both parties counsel.(bg, ) (Entered: 02/13/2006)

Feb. 8, 2006

Feb. 8, 2006

19

REQUEST to Substitute attorney Anthony J Zaller in place of Michael Barbee, pro se filed by defendant Rock-N-Rol LLC. Lodged proposed order. (bg, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

20

REQUEST to Substitute attorney Anthony J Zaller in place of Michael Barbee, pro se filed by defendant Michael Barbee. Lodged proposed order. (bg, ) (Entered:

Feb. 16, 2006

Feb. 16, 2006

22

ORDER by Judge Nora M. Manella REQUEST to Substitute attorney Anthony J Zaller in place of Michael Barbee, pro se[19] GRANTED.(bg, ) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

23

ORDER by Judge Nora M. Manella REQUEST to Substitute attorney Anthony J Zaller in place of Michael Barbee, pro se[20] GRANTED.(bg, ) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

24

AMENDED ANSWER to Complaint - (Discovery)[1] by Defendants Rock-N-Rol LLC, Michael Barbee. (bg, ) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

25

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 15 days. (bg, ) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

26

ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Nora M. Manella, case ordered to the Attorney Settlement Officer Panel for an early settlement conference to be completed no later than 5/19/06. By 4/3/06, plaintiff shall notify the ADR Program Coordinator of the name of the Attorney Settlement Officer who will conduct the settlement conference. JR due 5/26/06.(bg, ) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

27

MINUTES OF In Chambers Conference held before Judge Nora M. Manella :Scheduling Conference. Deadline for filing stipulation re selection of attorney settlement officer 4/3/06, last day to join other parties and to amend pleadings 6/30/06, discovery cutoff 10/31/06, initial meeting with settlement officer 5/19/06, joint report 5/26/06, post discovery meeting with settlement officer 11/7/06, joint report 11/14/06, deadline for filing motions or filing notice that no motions will be filed 11/28/06, pretrial conference at 10 am 1/29/07, jury trial at 8:30 am 2/27/07.Court Reporter: none. (jhu, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

***Terminated all deadlines and hearings. Hearings should have been terminated with minute order dated 3/20/06 per CRD. (lm, ) (Entered: 05/05/2006)

March 20, 2006

March 20, 2006

28

ORDER by Judge Nora M. Manella,Re Civil Trial. Discovery cut-off 10/31/06, Motion filing cut-off 11/28/06, Pretrial conference 1/29/07, Jury trial 2/27/07(jhu, ) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

30

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Max Factor III may serve as Attorney Settlement Officer for an early settlement conference(bg, ) (Entered: 04/05/2006)

March 31, 2006

March 31, 2006

29

MINUTES OF NOTICE VACATING ADR REFERRAL by Judge Nora M. Manella : Notice is given to the parties that the reference to the Alternative Dispute Resolution Pilot Program, General Order 02-07 is vacated. All further settlement procedures in this action shall be pursuant to Local Rule R 16-14.Court Reporter: Not Present. (bg, ) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

31

ORDER OF THE CHIEF JUDGE (#06-007) approved by Chief District Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the Creation of the Calendar of Judge Stephen G. Larson, this case is transfered from Judge Nora M. Manella to the calendar of Judge Stephen G. Larson for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 05-4787 SGL (JTLx).(rn, ) (Entered: 04/07/2006)

April 6, 2006

April 6, 2006

33

STANDING ORDER (See document for details), by Judge Stephen G. Larson. (de, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

34

ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT filed; Settlement Proceedings held on 7/13/06; Settlement Proceedings Outcome: Unable to Settle, but discussions are continuing;(bg, ) (Entered: 08/02/2006)

July 31, 2006

July 31, 2006

35

STIPULATION AND ORDER RE PRE-TRIAL SCHEDULING DEADLINES by Judge Stephen G. Larson: Discovery cut-off 10/31/2006. Post Discovery meeting with Settlement officer 11/7/06. Joint Proposed Discovery due by 11/14/2006. Dispositive Motions hearing deadline 11/28/2006. Pretrial Conference set for 1/29/2007 11:00 AM before Judge Stephen G. Larson.Jury Trial set for 2/27/2007 09:30 AM before Judge Stephen G. Larson. (am, ) (Entered: 11/20/2006)

Nov. 15, 2006

Nov. 15, 2006

36

MODIFIED STIPULATION AND ORDER RE PRETIRAL SCHEDULING DEADLINES by Judge Stephen G. Larson: Discovery cut-off 12/15/2006. Dispositive Motion hearing deadlines 1/22/2007. Pretrial Conference set for 1/29/2007 11:00 AM before Judge Stephen G. Larson.Jury Trial set for 2/27/2007 09:30 AM before Judge Stephen G. Larson. (am, ) (Entered: 12/06/2006)

Dec. 5, 2006

Dec. 5, 2006

37

NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment filed by defendants Rock-N-Rol LLC, Michael Barbee. Motion set for hearing on 3/5/2007 at 10:00 AM before Judge Stephen G. Larson. Lodged Proposed Statement and Order. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

38

MEMORANDUM in Support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

39

DECLARATION of Anthony j. Zaller in support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

40

DECLARATION of Michael Barbee in support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

41

APPENDIX OF EXHIBITS IN SUPPORT OF MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by Defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

42

PROOF OF SERVICE filed by defendants Rock-N-Rol LLC, Michael Barbee, re NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment; MEMORANDUM in Support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment; and DECLARATION of Anthony j. Zaller in support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment etc , was served on 12/22/06. (am, ) (Entered: 12/27/2006)

Dec. 26, 2006

Dec. 26, 2006

DOCUMENT number not assigned, Minute Order deleted for the following reason: no item control number issued (am, ).(la, ) (Entered: 01/11/2007)

Jan. 10, 2007

Jan. 10, 2007

44

MINUTES OF IN CHAMBERS ORDER NOTICE OF CONTINUATION OF FINAL PRETRIAL CONFERENCE held before Judge Stephen G. Larson: Final Pretrial Conference reset for 2/5/2007 at 10:00 AM before Judge Stephen G. Larson. (am, ) (Entered: 01/11/2007)

Jan. 10, 2007

Jan. 10, 2007

45

STIPULATION AND ORDER RE PRE-TRIAL SCHEDULING DEADLINES by Judge Stephen G. Larson:Dispositive motion hearing deadline 3/5/2007. Pretrial Conference set for 4/30/2007 at 11:00 AM before Judge Stephen G. Larson. Jury Trial set for 5/29/2007 at 09:30 AM before Judge Stephen G. Larson. (am, ) Modified on 5/3/2007 (jh, ). (Entered: 01/12/2007)

Jan. 11, 2007

Jan. 11, 2007

46

MEMORANDUM in Opposition to MOTION for Summary Judgment [37] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 02/20/2007)

Feb. 16, 2007

Feb. 16, 2007

47

DECLARATION of Sue J. Noh and Exhibits in Opposition to MOTION for Summary Judgment [37] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 02/20/2007)

Feb. 16, 2007

Feb. 16, 2007

48

STATEMENT of Genuine Issues of Material fact in Opposition to MOTION for Summary Judgment or in the alternative MOTION for Partial Summary Judgment [37] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 02/20/2007)

Feb. 16, 2007

Feb. 16, 2007

49

OBJECTIONS to defendants Statement of Genuine Issues of Material Fact filed by Plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 02/20/2007)

Feb. 16, 2007

Feb. 16, 2007

51

REPLY in support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 03/07/2007)

Feb. 26, 2007

Feb. 26, 2007

52

OBJECTIONS to evidence in support of their opposition to r MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment [37] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 03/07/2007)

Feb. 26, 2007

Feb. 26, 2007

53

DECLARATION of Anthony J. Zaller re: meet and confer process filed by Defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 03/07/2007)

Feb. 26, 2007

Feb. 26, 2007

54

PROOF OF SERVICE filed by defendants Rock-N-Rol LLC, Michael Barbee, re REPLY in support of MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment; OBJECTIONS to evidence in support of their opposition to r MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment; DECLARATION of Anthony J. Zaller re: meet and confer process was served on 2/26/07. (am, ) (Entered: 03/07/2007)

Feb. 26, 2007

Feb. 26, 2007

50

MINUTES OF Motion Hearing held before Judge Stephen G. Larson : Defendants MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment. Court hears oral argument and takes the matter under

March 5, 2007

March 5, 2007

56

NOTICE OF MOTION AND MOTION IN LIMINE 1 to Exclude Irrelevant Evidence Re: Class Members Illnesses, Deaths, and Relationships with Third Parties Outside the Workplace; Memorandum of Points and Authorities filed by plaintiff United States Equal Employment Opportunity Commission.(am, ) (Entered: 04/10/2007)

April 9, 2007

April 9, 2007

57

NOTICE OF MOTION AND MOTION IN LIMINE 2 to Exclude Testimony of Third-Parites Lacking Personal Knowledge about the Claims or Defenses; Declaration and Exhibits filed by plaintiffs United States Equal Employment Opportunity Commission.(am, ) (Entered: 04/10/2007)

April 9, 2007

April 9, 2007

58

NOTICE OF MOTION AND MOTION IN LIMINE 3 to Exclude Arguments Issues Decided in this Courts Order on Defendants Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration and Exhibits filed by plaintiffs United States Equal Employment Opportunity Commission.(am, ) (Entered: 04/10/2007)

April 9, 2007

April 9, 2007

59

NOTICE OF MOTION AND MOTION IN LIMINE 4 to Exclude Irrelevant Evidence Re: Defendant Michael Barbee's Reason for Opening the Quizno's Store and the Impact of Lawsuits against him; Memorandum of Points and Authorities; Declaration and Exhibits filed by plaintiffs United States Equal Employment Opportunity Commission.(am, ) (Entered: 04/10/2007)

April 9, 2007

April 9, 2007

60

EX PARTE APPLICATION for Order Shortening Time on Motion to Withdraw filed by defendants Rock-N-Rol LLC, Michael Barbee. Lodged Proposed Order. (am, ) (Entered: 04/17/2007)

April 13, 2007

April 13, 2007

61

DECLARATION of Jehan N. Hayakum in support of EX PARTE APPLICATION for Order Shortening Time on Motion to Withdraw[60] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 04/17/2007)

April 13, 2007

April 13, 2007

62

PROPOSED JURY INSTRUCTIONS filed by plaintiff United States Equal Employment Opportunity Commission (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

63

MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff United States Equal Employment Opportunity Commission (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

64

PROPOSED SPECIAL JURY VERDICT FORMS filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

65

Trial Witness List filed by plaintiff United States Equal Employment Opportunity Commission (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

66

Trial Exhibit List filed by plaintiff United States Equal Employment Opportunity Commission.. (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

67

PROPOSED EXHIBIT STIPULATION Filed filed by Plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

68

ORDER ON EX PARTE APPLICATION by Judge Stephen G. Larson: (1) Counsel for defendants Rock-N-Roll LLC dba Quiznos and Michael Barbee, Carlton DiSante & Freudenberger LLP's Ex Parte Application for Order Shortening Time on Motion to Withdraw as Counsel of Record is GRANTED. (2) CDF shall file its Motion to Withraw as Defendants' Attorney of Record by Friday, 4/13/07. Plaintiff shall file an opposition by 4/18/07. CDF shall file any reply by 4/20/07. All papers shall be personnally served on opposing counsel. (3) Hearing on Defendant's Motion to Withdraw as Defendants' Attorney of Record is scheduled for 10:00 a.m., 4/23/07. (4) Defendant Michael Barbee is ORDERED to personally appear at the hearing on 4/23/07, at 10:00 a.m., before this Court. [Set Deadlines/Hearings: Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Stephen G. Larson. (jh, ) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

69

NOTICE OF MOTION AND MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney of Record and for Continuance of Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings, filed by defendants Rock-N-Rol LLC, Michael Barbee. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

70

MEMORANDUM of Points and Authorities in Support of MOTION to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney [69], filed by defendants Rock-N-Rol LLC, Michael Barbee. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

71

DECLARATION of Marie DiSante in Support of MOTION to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings, MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney of Record, [69], filed by defendants Rock-N-Rol LLC, Michael Barbee. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

72

DECLARATION of Brent Giddens in Support of MOTION to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings and MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney of Record, [69], filed by defendants Rock-N-Rol LLC, Michael Barbee. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

73

RESPONSE to Defense Counsel's MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney [69] ; Declarations and Exhibits, filed by plaintiff United States Equal Employment Opportunity Commission. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

74

OPPOSITION to MOTION to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings MOTION [69]; Declaration, filed by plaintiff United States Equal Employment Opportunity Commission. (de, ) (Entered: 04/25/2007)

April 17, 2007

April 17, 2007

75

REPLY to Plaintiffs Opposition to MOTION to Withdraw as Attorney and to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings [69] filed by defendants Rock-N-Rol LLC, Michael Barbee. (am, ) (Entered: 05/01/2007)

April 19, 2007

April 19, 2007

76

MINUTES OF Motion Hearing held before Judge Stephen G. Larson: MOTION TO WITHDRAW AS COUNSEL OF RECORD BY LAW FIRM OF CARLTON DISANTE & FREUDENBERGER, LLP, FILED 4/17/07. The above-referenced matter came on regularly for hearing. The Court GRANTS the motion to withdraw as counsel for defendant Rock-N.Roll, LLC and Michael Barbee doing business as Quiznos, however the motion to extend any of the previously scheduled pretrial and trial dates is DENIED. Thus, the final pretrial conference date of April 30, 20007, at 11:00 a.m., and the jury trial date of May 29,2007, at 9:30 a.m., remains as previously set. Further, the Court ORDERS defendant Michael Barbee to appear in person at the next hearing on April 30, 2007, at 11:00 a.m., and gives notice to Mr. Barbee that he may not appear on behalf of Quiznos, a business entity; it is advisable that he shall secure counsel to represent Quiznos for all further hearings before this court. IT IS SO ORDERED. [RE: MOTION to Continue Trial and All Related Dates or, In the Alternative, for a Stay in Proceedings MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney MOTION of Law Firm of DiSante and Freudenberger LLP to Withdraw as Attorney[69], EX PARTE APPLICATION for Order for Shortening Time on Motion to Withdraw[60] Court Reporter: Theresa Lanza. (jh, ) (Entered: 05/02/2007)

April 23, 2007

April 23, 2007

77

MINUTES OF Motion Hearing held before Judge Stephen G. Larson: (1) Final Pretrial Conference (2) Four Motions in Limine (All filed 4/9/07). This matter came on regularly for a Final Pretrial Conference in this matter along with a hearing on motions in limine previously filed in this matter. The plaintiff was represented in this matter by attorney Sue Noh; however, no appearances were made by or no behalf of the defendants. The Court ORDERS the hearing on the pretrial conference and motions in limine VACATED. The trial of this matter set for May 29, 2007, remains as previously ordered. Plaintiff's counsel is granted leave of court to file an appropriate application for entry of default, and a motion pursuant to Rule 55(b)(2) which may be noticed for the same date as the trial in this matter. IT IS SO ORDERED. [RE: Motion Hearing, Link Motions to Minutes, Terminate Deadlines and Hearings, 76 Court Reporter: Theresa Lanza. (jh, ) Modified on 5/3/2007 (jh, ). (Entered: 05/03/2007)

April 30, 2007

April 30, 2007

78

REQUEST for Entry of Default against defendants Rock-N-Rol LLC, Michael Barbee, and to Strike Defendants Amdned Answer; Memorandum of points and authorities filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 05/09/2007)

May 7, 2007

May 7, 2007

79

DECLARATION of Sue J. Noh in support of REQUEST for Entry of Default against defendants Rock-N-Rol LLC, Michael Barbee, and to Strike Defendants Amdned Answer[78] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 05/09/2007)

May 7, 2007

May 7, 2007

80

NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendantsRock-N-Rol LLC, Michael Barbee REQUEST to Strike[78]. The Clerk cannot enter the requested relief as Answer by defendants on file. (am, ) (Entered: 05/09/2007)

May 7, 2007

May 7, 2007

81

MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson Granting plaintiff's REQUEST to Strike the amended answer [78]. Now that the answer has been striken, plaintiff is afforded leave to refile its motion for entry of default judgment, which shall be noticed for 5/29/07, at 9:30 am. Court Reporter: None. (mrgo, ) (Entered: 05/21/2007)

May 17, 2007

May 17, 2007

83

APPLICATION for Default Judgment By Court filed by plaintiff United States Equal Employment Opportunity Commission. Application set for hearing on 5/29/2007 at 09:30 AM before Judge Stephen G. Larson. (am, ) (Entered: 05/25/2007)

May 23, 2007

May 23, 2007

84

MEMORANDUM in Support of APPLICATION for Default Judgment By Court [83] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 05/25/2007)

May 23, 2007

May 23, 2007

85

DECLARATION of Sue J. Noh in support of APPLICATION for Default Judgment[83] filed by plaintiff United States Equal Employment Opportunity Commission. (am, ) (Entered: 05/25/2007)

May 23, 2007

May 23, 2007

82

MINUTES OF IN CHAMBERS ORDER by Judge Stephen G. Larson: NOTICE AND ORDERRE: PLAINTIFF'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT. The Court hereby gives notice to counsel of a continuance of the above-referenced matter presently set for Tuesday, May 29, 2007, to Monday, June 4, 2007, at 10:00 a.m., in Courtroom One of the above-referenced court. The reason for the continuance is due to the unavailability of the Judicial Officer. The Jury Trial previously scheduled in this matter for May 29, 2007, is VACATED. IT IS SO ORDERED. [RE: Motion Hearing, Link Non-Motion Documents to Minutes, Terminate Deadlines and Hearings, 77, Set Deadlines/Hearings: Application set for hearing on 6/4/2007 at 10:00 AM before District Judge Stephen G. Larson, in Courtroom One, 3470 Twelfth Street, Riverside, CA .Court Reporter: None. (jh, ) Modified on 5/24/2007 (jh, ). (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

See Docket Entry No. 82, vacating Jury Trial date of 5/29/07.***Terminated all deadlines and hearings. (jh, ) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

86

DEFAULT BY CLERK ENTERED as to Defendants Rock-N-Roll LLC, Michael Barbee. (mrgo, ) Modified on 5/30/2007 (mrgo, ). (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

87

MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson: Status Conference set for 6/11/2007 at 9:30 AM before Judge Stephen G. Larson.(am, ) Modified on 6/1/2007 (am, ). (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

88

MINUTES OF Motion Hearing held before Judge Stephen G. Larson: Plaintiff's counsel was present, and no appearances were made by or on behalf of the defendant(s). The Court GRANTS the liability aspects of the moving application and sets a further hearing as to damages for June 18, 2007, at 9:30 a.m., in Courtroom One. Plaintiffs counsel shall give notice to the defendants. IT IS SO ORDERED. [RE: APPLICATION for Default Judgment[83], Set/Reset Deadlines/Hearings: Motion set for hearing on 6/18/2007 at 09:30 AM before Judge Stephen G. Larson. Court Reporter: Theresa Lanza.(jh) (Entered: 06/12/2007)

June 11, 2007

June 11, 2007

89

JUDGMENT by Judge Stephen G. Larson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Judgment is entered in favor of Plaintiff EEOC and against Defendants Michael Barbee and Rock-N-Roll LLC that Defendants the subjected claimants identified to the Court in the EEOC's application for default judgment to sexual harassment and/or retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"). 42 USC 2000 et seq. (See document for further details). (MD JS-6, Case Terminated).(de) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

90

MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: APPLICATION for Default Judgment [83]. Absent any filed objections to the above-reference matter, the Court approves an order for an award of damages. Court Reporter: Denise Paddock.(am) (Entered: 06/20/2007)

June 18, 2007

June 18, 2007

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 30, 2005

Closing Date: June 18, 2007

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

Michael Barbee (individual), Private Entity/Person

Rock-N-Roll 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

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 200000

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits