Case: EEOC v. John Brennan, Serge Rigisish, d/b/a Little Waldorf Saloon

3:01-cv-00563 | U.S. District Court for the District of Nevada

Filed Date: Sept. 26, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

EEOC's Los Angeles, CA office filed this sexual discrimination/harassment and retaliation lawsuit against two corporate defendants and two individual defendants in the United States District Court for the District of Nevada on 09/26/2001. The corporate defendants Rookies II, LLC and Rookies, Inc. operated a saloon and a sports bar in Nevada respectively. The two individual defendants were owners and major shareholders in the two businesses. EEOC alleged on behalf of seven identified class me…

EEOC's Los Angeles, CA office filed this sexual discrimination/harassment and retaliation lawsuit against two corporate defendants and two individual defendants in the United States District Court for the District of Nevada on 09/26/2001. The corporate defendants Rookies II, LLC and Rookies, Inc. operated a saloon and a sports bar in Nevada respectively. The two individual defendants were owners and major shareholders in the two businesses.

EEOC alleged on behalf of seven identified class members, all female, that they were subject to a hostile work environment where they suffered sexually charged conduct, derogatory statements and obscene and vulgar language from the individual defendants and other high-level supervisors. The employers also allegedly retaliated against the employees for complaints in the forms of demotion, loss of wages, further harassment, discipline and constructive discharge.

The parties initially went through ENE and settlement conference but failed to reach an agreement. After the district court denied EEOC's partial summary judgment on 02/23/2004, the parties reached a settlement agreement on 03/24/2004. Without access to any document related to the summary judgment decision, there is no way to evaluate the importance of this event to the parties' negotiations.

The suit was ultimately resolved by a 3-year consent decree entered by the court on 06/14/2004. The decree, 19 pages long, listed the defendants' monetary and non-monetary obligations in great details. The defendants were required to pay $200,000 in monetary relief (mostly non-pecuniary damage) and $100,000 liquidated damage to all class members in the event of breach. The two individual defendants were jointly and severally liable for the payment. They agreed to provide collateral for the payment and were prohibited from selling, closing, or transferring the interest of the businesses outside the normal course of business in order to escape the monetary obligations. The defendants also needed to expunge the lawsuit from the employees' personnel files.

Additionally, the decree prohibited the corporate defendants from discriminating and retaliating. To ensure compliance, they were required to retain and pay for an independent consultant chosen by the EEOC to revise policies, conduct training, investigate complaints and recommend resolutions for the complaints. Other obligations of the defendants included: posting and distributing the revised policies, trainings, record-keeping, and reporting (initial and periodic) to the EEOC about compliance with the above-mentioned non-monetary obligations.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Justin Kanter (6/16/2007)

Clearinghouse (12/27/2018)

Documents in the Clearinghouse

Document

3:01-cv-00563

Docket (PACER)

U.S. Equal Employment Opportunity Commission V. John Brennan, et al.

June 14, 2004

June 14, 2004

Docket
2

3:01-cv-00563

Complaint

U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc., a Nevada corporation; and Does-10, Inclusive

Sept. 26, 2001

Sept. 26, 2001

Complaint
27

3:01-cv-00563

First Amended Complaint

U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc., a Nevada corporation; and Does-10, Inclusive

Jan. 14, 2003

Jan. 14, 2003

Complaint
57

3:01-cv-00563

Final Consent Decree

U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc. d/b/a Rookies; Rookies II, LLC, a Nevada limited liability company, d/b/a Little Waldorf Saloon

June 14, 2004

June 14, 2004

Settlement Agreement

Resources

Docket

Last updated March 26, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

MISCELLANEOUS DOCUMENT Civil Cover Sheet (Entered: 02/10/2003)

Sept. 26, 2001

Sept. 26, 2001

2

COMPLAINT Complaint obo P (Entered: 02/10/2003)

Sept. 26, 2001

Sept. 26, 2001

3

CERTIFICATE OF INTERESTED PARTIES obo P; (Entered: 02/10/2003)

Oct. 5, 2001

Oct. 5, 2001

SUMMONS ISSUED as to Ds: Rookies Inc. and John Brennan, Serge rigisich dba Little Waldorf Saloon; (Entered: 02/10/2003)

Oct. 12, 2001

Oct. 12, 2001

4

NOTICE (OTHER) re need to file VP/Desig/Loc/Cnsl sent to Anna Park and Gregory McClinton cnsl for P; (Entered: 02/10/2003)

Oct. 12, 2001

Oct. 12, 2001

MISCELLANEOUS DOCUMENT no text (Entered: 02/10/2003)

Dec. 14, 2001

Dec. 14, 2001

6

DECLARATION of service as to LITTLE WALDORF SALOON by srvng John Brennan on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)

Dec. 17, 2001

Dec. 17, 2001

7

DECLARATION of service as to ROOKIES INC. by srvng Jodie Sellers on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)

Dec. 17, 2001

Dec. 17, 2001

5

ANSWER TO COMPLAINT w/jury demand obo Ds, John Brennan, Serge Rigisich, Little Waldorf Sloon, & Rookies Inc. (m) (Entered: 02/10/2003)

Dec. 17, 2001

Dec. 17, 2001

8

ORDER ORD ENE session sched for 1/29/02 @ 1:30 pm; ENE evaluation statements due in chambers by 4:00 pm on 1/22/02. (Entered: 02/10/2003)

Dec. 20, 2001

Dec. 20, 2001

9

MISCELLANEOUS HEARING ENE/SESSION dtd 1/29/02: ORD the tape of this prcdng is sealed (ptys hv not been able to negotiate settlmnt at this time). (Tape #2002-16) (Entered: 02/10/2003)

Jan. 30, 2002

Jan. 30, 2002

10

ORDER ORD ptys hv period of 5-dys from receipt of this M/O w/in wh to submit disc plan & S/O. (Entered: 02/10/2003)

Feb. 5, 2002

Feb. 5, 2002

12

NOTICE (OTHER) of lodging original signature page of Gregory L. McClinton, cnsl for P, for disc plan & S/O (#11) obo Ds; (Entered: 02/10/2003)

Feb. 13, 2002

Feb. 13, 2002

11

ORDER ON STIPULATION ORD disc c/o 11/1/02; disp mtns due 12/2/02; prpsd jnt PTO due 1/3/03; (Entered: 02/10/2003)

Feb. 13, 2002

Feb. 13, 2002

13

MOTION FOR MISCELLANEOUS RELIEF to permit appearance of gov't attys during the duraction of their employment as attys for the US Equal Oportunity commission obo P (m) (#14-ord granted) (Entered: 02/10/2003)

March 14, 2002

March 14, 2002

14

ORDER P 's mtn to permit the appearance of governmnt attorneys #13 is granted. (Entered: 02/10/2003)

April 9, 2002

April 9, 2002

15

ORDER WITHDRAWAL/OF/COUNSEL: ORD Dan C. Bowen (Lionel Sawyer & Collins) is withdrawn as co-cnsl for Ds John Brennan, Serge Rigisich, Little Waldorf Saloon and Rookies; (Entered: 02/10/2003)

July 11, 2002

July 11, 2002

MISCELLANEOUS DOCUMENT stip for ext of disc c/o date; (Entered: 02/10/2003)

Oct. 9, 2002

Oct. 9, 2002

16

ORDER ON STIPULATION ORD disc c/o ext to 3/14/03; disp mtns due 4/1/03; jnt PTO due 5/15/03; no fur ext will be granted; (Entered: 02/10/2003)

Oct. 10, 2002

Oct. 10, 2002

17

MOTION TO COMPEL D, Rookies Inc. to comply with Ps req for interrogatories obo P (m) (Entered: 02/10/2003)

Nov. 14, 2002

Nov. 14, 2002

18

MOTION TO COMPEL Ds John Brennan, Serge Rigisich d/b/a Little Waldorf Saloon to comply with Ps req for interrogatories obo P (m) (Entered: 02/10/2003)

Nov. 14, 2002

Nov. 14, 2002

19

DECLARATION of Gregory L. McClinton in support of Ps mtns to compel (#17/18) obo P (m) (Entered: 02/10/2003)

Nov. 14, 2002

Nov. 14, 2002

20

MOTION TO COMPEL Ds to produce initial disclosures obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)

Nov. 15, 2002

Nov. 15, 2002

21

MOTION FOR ATTORNEY FEES obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)

Nov. 19, 2002

Nov. 19, 2002

22

RESPONSE IN OPPOSITION TO MOTION to mtn to compel re interrogs #18 obo Ds. (m) (Entered: 02/10/2003)

Dec. 10, 2002

Dec. 10, 2002

23

RESPONSE IN OPPOSITION TO MOTION to mtn to compel initial disclosures #20 obo Ds. (m) (Entered: 02/10/2003)

Dec. 10, 2002

Dec. 10, 2002

24

ORDER ORD hrng re various mtns sched for 1/30/03 @ 1:30 pm. Mr. McClinton & Mr. Fermoile hv been notified. (Entered: 02/10/2003)

Dec. 16, 2002

Dec. 16, 2002

25

MOTION FOR MISCELLANEOUS RELIEF to amend cmplnt w/prpsd order and amended cmplnt attached obo P (fld sep due to size) (m) (Entered: 02/10/2003)

Dec. 18, 2002

Dec. 18, 2002

26

ORDER ORD Ps mtn for leave to amend cmplnt (#25) granted. P sh srv the amended cmplnt forthwith on all ptys. Rookies, II, LLC sh hv 20-dys frm dt of service to file its answer. FUR ORD ptys meet and confer and submit to this crt a revised disc plan & S/O. (Entered: 02/10/2003)

Jan. 14, 2003

Jan. 14, 2003

27

AMENDED COMPLAINT First obo P (adding: Rookie II LLC) (Entered: 02/10/2003)

Jan. 14, 2003

Jan. 14, 2003

28

REPLY TO RESPONSE TO MOTION to Ds oppo to mtn to compel initial disclosures (#20) obo P (m) (Entered: 02/10/2003)

Jan. 15, 2003

Jan. 15, 2003

29

MISCELLANEOUS HEARING dtd 1/30/03 re #s 17/18/20/21 - the mtn to compel interrogs #s 17/18 are granted; P's mtns to compel initital disclosures #s 20/21 are denied as moot; the crt withdraws its order of 1/24/03 #26 tht parties shl submt a new discv pln/ (Entered: 02/10/2003)

Jan. 31, 2003

Jan. 31, 2003

SUMMONS ISSUED as to Rookies II LLC; (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

30

ANSWER TO COMPLAINT to 1s amended cmplnt w/jury demand obo Ds Brennan, Rigisich, Rookies II and Rookies Inc. (m) (Entered: 02/19/2003)

Feb. 19, 2003

Feb. 19, 2003

31

ORDER ON STIPULATION ORD disc c/o extended to 8/18/03; disp mtns now due 9/18/03; prpsd jnt PTO due 10/18/03. There sh be no further extensions granted. (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

32

MOTION TO COMPEL DEPOSITN PURSNT TO frcp 30(B)(6) obo Ps. (m) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

33

MOTION FOR MISCELLANEOUS RELIEF Mtn for sanctions obo Ps. (m) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

34

ORDER ORD Ps mtn to compel depo and mtn for sanctions (#32 & #33) denied as moot; (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

35

NOTICE (OTHER) PTNO: prpsd PTO due 10/18/03; (Entered: 09/19/2003)

Sept. 19, 2003

Sept. 19, 2003

MISCELLANEOUS DOCUMENT Ps stipulated pretrial exhibit list; (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

MISCELLANEOUS DOCUMENT prpsd jnt PTO; (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

36

ORDER ORD case referred to RAM to conduct a settlmnt conf; (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

37

PRETRIAL NOTICE ORDER ORD case set down for jury trial on stacked cal of 3/1/04; cal call TBA. Jury instrctns, voir dire due 2/26/04. Trial briefs not required. (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

38

MISCELLANEOUS DOCUMENT Plaintiff's stipulated pretrial exhibit list; (Entered: 10/24/2003)

Oct. 22, 2003

Oct. 22, 2003

39

ORDER a settlemnt/conf is sched 12/4/03 at 9am before RAM; settlmnt/statement due in chmbrs by 12/2/03; see ord for further specs. (Entered: 10/27/2003)

Oct. 24, 2003

Oct. 24, 2003

40

MISCELLANEOUS HEARING SETTLEMENT/CONFERENCE dtd 12/4/03: ORD ptys are unable to arrive at a settlmnt agreement. Tape of this prcdng is sealed (Tape: #03-010) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

41

ORDER ORD actn sched for a telephonic status conf on 1/5/04 @ 2:30 pm. cnsl hv been telephonically notified. Trial set on stacked cal of March 1 is continued to 3/8/04 @ 9:00 am; (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

43

ORDER ORD jury instrctns due 5-dys prior to trial; (Entered: 01/06/2004)

Jan. 5, 2004

Jan. 5, 2004

MISCELLANEOUS DOCUMENT stip between ptys re trial issues and mtns in limine; (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

44

MOTION IN LIMINE re solicitation of class members obo P (m) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

45

MOTION IN LIMINE re exclustion of prior sex acts obo P (m) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

46

ORDER ON STIPULATION ORDER RE trial issus and mtns in limine: ORD Ds are excluded frm makin any and all references discussion suggestions allustions or presenting evidence w/regard to specific issues (see order for specifics); (Entered: 02/04/2004)

Feb. 3, 2004

Feb. 3, 2004

47

MOTION FOR SUMMARY JUDGMENT PARTIAL ag Ds, Rookies Inc. and Rookies II LLC obo P (m) (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

48

MOTION FOR SUMMARY JUDGMENT PARTIAL obo P (Alter Ego Claim) (fld sep due to size) (m) (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

49

DECLARATION of Gregory L. McClinton in support of P, EEOC's mtn for Part S/J & exhibits 1-19 thereto obo P (m) (fld sep due to size) (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

50

STATEMENT Separate statement of undisputed facts (integrated enterprise) obo P EEOC (m) (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

51

ORDER ORD purs to the jnt ntc and stip of settlmnt (#52) the trial on cal for 3/8/04 is vacated and the pending mtns in limine (#44/45) and part mtns for S/J (#47/48) are denied w/o prej. (Entered: 02/24/2004)

Feb. 23, 2004

Feb. 23, 2004

52

ORDER ON STIPULATION and jnt ntc of settlmnt: ORD all dates vacated pending final settlmnt. This crt sh retain jurisdctn over this matter. Telephonic status conf sched for 3/24/04 @ 9:00 am. (Entered: 02/24/2004)

Feb. 23, 2004

Feb. 23, 2004

53

MISCELLANEOUS HEARING (Dtd: 3/24/04) Teleph Status Conf: Cnsl adv that settlmnt has been reached & propsd consent decree sh be sub w/in the followng wk. Crt will then admin close this actn to allow reopening upon applicatn fo P sh there be nonperformance (Entered: 03/26/2004)

March 24, 2004

March 24, 2004

54

MOTION FOR MISCELLANEOUS RELIEF for trial setting conference obo P (m/f/p) (Entered: 05/27/2004)

May 27, 2004

May 27, 2004

55

ORDER ORD actn sched for telephonic status conf on 6/3/04 @ 8:45 am; (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

56

MISCELLANEOUS HEARING in the event the stip to resolve ths actn has not bn recd by 6/14/04, ord tht all parties shl appear before ths crt on 6/16/04 at 8:30am; C/R: Kathryn French (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

MISCELLANEOUS DOCUMENT Proposed Final Consent Decree; (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

57

ORDER FINAL/CONSENT/DECREE (see order for specifics) (EOD: 6/15/04) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

58

ORDER ORD the Final consent Decree (#57) having been entered, this actn is administratively closed subject to reopening upon applctn of P in the event of noncompliance with the terms of the decree (EOD: 6/15/04) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

Case Details

State / Territory: Nevada

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. 26, 2001

Closing Date: 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

DOES 1-10 (Reno, Nevada; Incline Village, Nevada), Private Entity/Person

Serge Rigisich (Reno, Nevada; Incline Village, Nevada), Private Entity/Person

John Brennan (Reno, Nevada; Incline Village, Nevada), Private Entity/Person

Rookies II, LLC (Reno, Nevada), Private Entity/Person

Rookies, Inc. (Incline Village, Nevada), Private Entity/Person

Rookies II, LLC (Reno, Nevada), Private Entity/Person

Serge Rigisich (Reno, Nevada), Private Entity/Person

John Brennan (Reno, Nevada), Private Entity/Person

Rookies, Inc. (Reno, Nevada), Private Entity/Person

Rookies II, LLC, and DOES 1-10 Inclusive (Reno, Nevada), Private Entity/Person

Serge Rigisich (Reno, Nevada), Private Entity/Person

John Brennan (Reno, Nevada), Private Entity/Person

Serge Rigisch (Reno, Nevada), Private Entity/Person

Rookies II, LLC (Reno, Nevada), Private Entity/Person

John Brennan (Reno, Nevada), Private Entity/Person

Serge Rigisich (Reno, Nevada), Private Entity/Person

John Brennan (Reno, Nevada), 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: 200000

Order Duration: 2004 - 2007

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits