Case: EEOC v. Denny'S

6:99-cv-01625 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 20, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

In December 1999, the Miami District Office of the EEOC filed this lawsuit against Denny's Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complainant, a female employee, to a sexually hostile work environment. The complainant intervened in the lawsuit in March 2000. Following extensive discovery, the parties settled the lawsuit through a stipulated order in June 2001.

The two-year order required the defendant to: make semi-annual reports regarding compliance with the Order and complaints of sexual harassment, keep records of complaints, post and distribute notice of employee rights, provide EEO training to managers and supervisors, and pay $75,000 to the complainant and her attorney.

Summary Authors

Daisy Manning (11/9/2007)

Documents in the Clearinghouse

Document

6:99-cv-01625

Docket

EEOC v. Denny's Inc.

Sept. 4, 2001

Sept. 4, 2001

Docket
1

6:99-cv-01625

Complaint

EEOC v. Denny's, Inc.

Dec. 20, 1999

Dec. 20, 1999

Complaint
15

6:99-cv-01625

Intervenor Valerie Yerrick's Complaint

EEOC v. Denny's, Inc.

March 10, 2000

March 10, 2000

Complaint
73

6:99-cv-01625

Order [stipulated settlement agreement]

EEOC, et al. v. Denny's, Inc.

Sept. 4, 2001

Sept. 4, 2001

Order/Opinion

Resources

Docket

Last updated Jan. 23, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Title VII Civil Rights action alleging sexual harassment in employment. Jury Demand. (nbl) Modified on 06/12/2001 (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

Clearinghouse

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (nbl) (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

SUMMONS(ES) issued for Denny's Inc. . Consent(s) issued. (nbl) (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

2

ORDER directing counsel to review and certify compliance with Local Rule 1.04(c) within 10 days. ( Signed by Judge G. Kendall Sharp ) ctc (nbl) (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

3

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lak) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

5

NOTICE of filing certificate of compliance with Local Rule 1.04(c) by E.E.O.C. (nrs) (Entered: 01/13/2000)

Jan. 13, 2000

Jan. 13, 2000

6

CERTIFICATE OF COMPLIANCE by E.E.O.C. with [2-1] order - no related cases. (nrs) (Entered: 01/13/2000)

Jan. 13, 2000

Jan. 13, 2000

8

ANSWER AND DEFENSES to Complaint by Denny's Inc. (maa) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

9

CONFLICT ORDER directing all parties to file a certificate of conflict within 11 days. ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 02/16/2000)

Feb. 16, 2000

Feb. 16, 2000

10

CERTIFICATE OF interested persons and corporate disclosure statement in COMPLIANCE by plaintiff E.E.O.C. with [9-1] conflict order. (djd) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

11

RESPONSE by defendant Denny's Inc. to [9-1] conflict order (djd) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

12

MOTION with memorandum in support to intervene as plaintiff by Valerie Yerrick referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

13

RESPONSE by E.E.O.C. to [12-1] motion to intervene as plaintiff by Valerie Yerrick. (maa) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

14

ORDER granting [12-1] motion to intervene as plaintiff by Valerie Yerrick and directing clerk to file Ms. Yerrick's complaint. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

15

Intervenor's COMPLAINT by Valerie Yerrick against Denny's Inc. (maa) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

Clearinghouse
16

CASE MANAGEMENT REPORT (maa) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

17

ANSWER AND DEFENSES by Denny's Inc. to [15-1] intervenor complaint. (maa) Modified on 03/30/2000 (Entered: 03/30/2000)

March 30, 2000

March 30, 2000

18

INTERESTED PERSONS ORDER FOR CIVIL CASES directing intervenor-plaintiff to file a certificate of interested persons and corporate disclosure statement within 11 days. ctc (maa) (Entered: 04/20/2000)

April 20, 2000

April 20, 2000

19

CERTIFICATE OF INTERESTED PARTIES by Valerie Yerrick. (maa) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

20

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 7/17/00; Discovery cutoff 3/2/01; dispositive motion filing deadline for 7/16/01; Pretrial statement due on or before 7/16/01; Pretrial conference for 10:00, 8/3/01 before Magistrate Judge Karla R. Spaulding and... R. Spaulding ) ctc (maa) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

20

... Jury trial for 8:30, 9/4/01 on the Unassigned Docket. ( signed by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

20

ORDER referring case to mediation. Appointing Jay M. Cohen as mediator. Conduct hearing by 6/1/01. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

21

NOTICE OF CASE REASSIGNMENT to the Honorable Judge John Antoon II. ctc (maa) (Entered: 06/05/2000)

June 5, 2000

June 5, 2000

22

NOTICE canceling hearing Re: Final Pretrial Conference set for 8/3/01. ( Signed by Deputy Clerk ) ctc (maa) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

23

AMENDED NOTICE canceling hearing Re: Final Pretrial Conference set for 8/3/01. ( Signed by Deputy Clerk ) ctc (maa) (Entered: 09/08/2000)

Sept. 8, 2000

Sept. 8, 2000

24

NOTICE of Reassignment to new attorney by E.E.O.C. (maa) (Entered: 01/31/2001)

Jan. 31, 2001

Jan. 31, 2001

25

MOTION by plaintiff, E.E.O.C., and intervenor-plaintiff, Valerie Yerrick, for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser . (maa) (Entered: 02/23/2001)

Feb. 23, 2001

Feb. 23, 2001

26

MOTION by Denny's Inc. with memorandum in support for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

27

NOTICE of Filing deposition of Valerie Yerrick by Denny's Inc. (maa) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

28

DEPOSITION of Valerie Yerrick (taken 1/25/01) by Denny's Inc. re: [26-1] motion for leave for additional time to the deposition of intervenor-plaintiff Valerie Yerrick. (maa) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

29

MOTION by Denny's Inc. to extend time discovery deadline for limited purpose referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

30

MOTION by Denny's Inc. with memorandum in support to compel responses to interrogatories, requests for production of documents, FIOA response and for costs associated with this motion referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

31

MEMORANDUM by Denny's Inc. in opposition to [25-1] motion for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser (sld) (Entered: 03/13/2001)

March 12, 2001

March 12, 2001

32

NOTICE OF HEARING: oral argument on Defendant's Motion for Leave for Additional Time to Complete the Deposition of Intervenor- Plaintiff Valerie Yerrick (Doc. #26), Defendant's Motion for Enlargement of Discovery Deadline for Limited Purpose (Doc. #29) and Defedant's Motion to Compel (Doc. #30) will be held on Tuesday, March 20, 2001 at 11:00 a.m.; further ordered that no later than three business days before the date of this hearing, the parties shall again confer by telephone or in person in a good faith effort to resolve the issues raised, and to narrow the contested issues of fact and law that the Court must resolve; Motion hearing set for 11:00 on 3/20/01 for [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick, [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response, [30-2] motion for costs associated with this motion and [29-1] motion to extend time discovery deadline for limited purpose; Scheduled for Magistrate Judge Karla R. Spaulding ( Signed by Magistrate Judge Karla R. Spaulding on 3/12/01) ctc (sld) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

33

NOTICE of withdrawing portions of pending motion to compel Equal Employment Opportunity Commission's responses to interrogatories, request fro production of documents, FOIA response and for costs associated with the motion as moot by Denny's Inc. (sld) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

34

RESPONSE by E.E.O.C. in opposition to [29-1] motion to extend time discovery deadline for limited purpose (sld) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

35

RESPONSE by E.E.O.C. in opposition to [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick (sld) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

36

RESPONSE by E.E.O.C. in opposition to [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response and [30-2] motion for costs associated with this motion (sld) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

37

MOTION HEARING held on 3/20/01 re: [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick, [29-1] motion to extend time discovery deadline for limited purpose, [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response, [30-2] motion for costs associated with this motion before Magistrate Judge Karla R. Spaulding. Tape: 2001-KRS-19:6225-9400, 2001-KRS-20:1-2044 (maa) (Entered: 03/20/2001)

March 20, 2001

March 20, 2001

38

ORDER granting [26-1] motion for leave for additional time to complete the deposition of intervenor-plaintiff Valerie Yerrick; granting in part, denying in part [30-1] motion to compel responses to interrogatories, requests for production of documents, FIOA response and [30-2] motion for costs associated with this motion; granting [29-1] motion to extend time discovery deadline limited purpose: reset discovery deadline to 4/20/01 and dispositive motion dealine to 5/4/01 . ( by Magistrate Judge Karla R. Spaulding ) ctc (maa) (Entered: 03/20/2001)

March 20, 2001

March 20, 2001

39

ORDER denying [25-1] motion for leave to file amended [1-1] complaint and amended [15-1] intervenor complaint to add Eddie Stanley as an additional sexual harasser. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

40

JOINT MOTION by E.E.O.C., Denny's Inc., Valerie Yerrick to extend time to 6/14/01 to complete mediation . (maa) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

42

MEMORANDUM by Denny's Inc. in support of [41-1] motion for summary judgment. (exhibits filed separately) (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

43

NOTICE of Filing Deposition Transcripts and Excerpts in support of defendant's motion for summary judgment by Denny's Inc. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

44

DEPOSITION - VOLUME I - of Valeria Yerrick (taken 1/25/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) Modified on 05/07/2001 (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

45

DEPOSITION - VOLUME II - of Valerie Yerrick (taken 4/16/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

46

DEPOSITION of Kelvin Buggs (taken 2/23/01) by Denny's Inc. re: [41- 1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

47

DEPOSITION of Carol Clemons (taken 2/9/01) by Denny's Inc. re: [41- 1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

48

DEPOSITION of Patricia S. Cowley (taken 3/2/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

49

DEPOSITION of Richard English (taken 2/21/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

50

DEPOSITION of Matthew Forschner (taken 1/26/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

51

DEPOSITION of Willie J. Nickles, Jr. (taken 2/5/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

52

DEPOSITION of Joanne Shideler (taken 2/20/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

53

DEPOSITION of Eddie Stanley (taken 2/7/01) by Denny's Inc. re: [41-1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

54

DEPOSITION of Virginia Carroll (taken 3/1/01) by Denny's Inc. re: [41- 1] motion for summary judgment. Transcript filed separately. (maa) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

56

UNOPPOSED MOTION by E.E.O.C. to extend time to 6/1/01 to respond to defendant's motion for summary judgment . (maa) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

57

NOTICE OF FILING AND AFFIDAVIT of Mary Keller by Denny's Inc. Re: [41-1] motion for summary judgment (maa) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

58

ORDER granting [56-1] motion to extend time to 6/1/01 to respond to defendant's motion for summary judgment: response to motion set to 6/1/01 for [41-1] motion for summary judgment . ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

59

RESPONSE by E.E.O.C. in opposition to [41-1] motion for summary judgment. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

60

STATEMENT OF DISPUTED MATERIAL FACTS REMAINING FOR TRIAL by E.E.O.C. in support of [59-1] opposition response. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

61

NOTICE of Filing Deposition in support of [60-1] Statement of Material Facts by E.E.O.C. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

62

DEPOSITION of Virginia Carroll (taken 3/1/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

63

DEPOSITION of Nelson Rivera (taken 3/1/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

64

DEPOSITION of Valerie Pellegrini, Ph.D. (taken 2/13/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

65

DEPOSITION of Carol Clemons (taken 2/9/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

66

DEPOSITION of Richard English (taken 2/21/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

67

DEPOSITION of Kelvin Buggs (taken 2/23/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

68

DEPOSITION of Joanne Shideler (taken 2/20/01) by E.E.O.C. re: [60-1] Statement of Material Facts. Transcript filed separately. (maa) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

69

MEDIATION REPORT. Mediation conference held: 6/14/01. Jay Cohen, mediator. Hearing outcome: Settled. (maa) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

70

ORDER OF DISMISSAL without prejudice to reopen within 60 days or to submit a stipulated form of final judgment. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

CASE CLOSED. (maa) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

71

AMENDED MEDIATION REPORT. Mediation conference held: 6/14/01. Jay M. Cohen, mediator. Hearing outcome: Conditionally Settled. (maa) (Entered: 06/27/2001)

June 27, 2001

June 27, 2001

72

MOTION by E.E.O.C., Denny's Inc., Valerie Yerrick with memorandum in support for entry of stipulated order . (maa) (Entered: 08/20/2001)

Aug. 17, 2001

Aug. 17, 2001

73

ORDER granting [72-1] motion for entry of stipulated order. ( Signed by Judge John Antoon II ) ctc (maa) (Entered: 09/04/2001)

Sept. 4, 2001

Sept. 4, 2001

Clearinghouse

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 20, 1999

Closing Date: 2001

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

Denny's Inc. (Orlando, Florida), 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: 75000

Order Duration: 2001 - 2003

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

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