Case: EEOC v. Arrowhead Bagel Company

2:00-cv-01860 | U.S. District Court for the District of Arizona

Filed Date: Sept. 28, 2000

Closed Date: Sept. 27, 2001

Clearinghouse coding complete

Case Summary

In September 2000, the Phoenix Office of the EEOC brought this lawsuit against Arrowhead Bagel Co. in the U.S. District Court for the District of Arizona. The complaint alleged violation of Title VII of the Civil Rights Act of 1964, specifically sexual harassment, and sex discrimination against female employees. A default judgment was entered against the defendant in September 2001 granting injunctive relief against the defendant for 5 years, and the defendant was required to pay $338,679.47 plus interest to be distributed among eight individuals in the form of back pay, compensatory, and punitive damages. Additionally, the defendant was required to create and post a sexual harassment policy, post the address, phone number and information for the nearest office of the EEOC, provide twice-yearly trainings on sexual harassment, and designate a person, and then advise employees who it is, to be responsible for receiving and acting upon complaints of sexual harassment.

Summary Authors

Jennifer Solomon (10/10/2007)

Documents in the Clearinghouse

Document

2:00-cv-01860

Docket [PACER]

EEOC v. Arrowhead Bagel Co.

March 6, 2002

March 6, 2002

Docket
1

2:00-cv-01860

Complaint

EEOC v. Arrowhead Bagel Company, L.L.C.

Sept. 28, 2000

Sept. 28, 2000

Complaint
29

2:00-cv-01860

Default Judgment

Sept. 27, 2001

Sept. 27, 2001

Order/Opinion
28

2:00-cv-01860

Order

EEOC v.Arrowhead Bagel Company, LLC

Sept. 27, 2001

Sept. 27, 2001

Order/Opinion

Resources

Docket

Last updated March 27, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (LSP) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

2

RETURN OF SERVICE EXECUTED personally upon dft Arrowhead Bagel Co (s/c) on 12/11/00, by svc upon its statutory agent, Mathis Becker. (former emp) (Entered: 12/15/2000)

Dec. 14, 2000

Dec. 14, 2000

3

STANDARD CIVIL TRACK INITIAL ORDER by Judge Stephen M. McNamee (cc: all counsel) re: order [3-1] (former emp) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

4

APPLICATION by pla for entry of dflt pon Arrowhead Bagel Co (former emp) (Entered: 01/24/2001)

Jan. 22, 2001

Jan. 22, 2001

5

DEFAULT ENTERED (re application as to dft Arrowhead Bagel Co (cc: all counsel) (former emp) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

7

MOTION for default judgment against Arrowhead Bagel Co by pla [7-1] (former emp) (Entered: 03/08/2001)

March 6, 2001

March 6, 2001

6

MINUTE ORDER: IT IS ORDERED setting a status hearing, re: plaintiff's motion for entry of default judgment and to set jury trial for Monday, April 2, 2001 at 2:30 p.m. before the Honorable Stephen M. McNamee in courtroom #4, 6th floor (cc: all counsel/MP) [6-3] (ALL) (Entered: 03/07/2001)

March 7, 2001

March 7, 2001

8

MINUTE ENTRY before Judge Stephen M. McNamee Crt Rptr: Merilyn Sanchez PRESENT: Michelle G. Marshall for the plaintiff. Frank Faase, Co-owner for Arrowhead Bagel Co. Status hearing held. Counsel for the plaintiff requests this matter be referred to the Magistrate Judge for the purpose of conducting a two-day evidentiary hearing regarding their motion for default judgment. So ordered. The Court will refer this matter to a Magistrate Judge. A supplemental order will follow. [cc: all counsel/MP] [8-2] (ALL) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

9

ORDER by Judge Stephen M. McNamee that Pla's request for a jury trial on damages is denied [7] FURTHER ORDERED that this matter is referred to the Hon Virginia A Mathis for an evidentiary hearing on damages, Evidentiary Hearing set for 9:30 5/23/01 and continuing until 5/24/01 , before Mag Judge Virginia A. Mathis (cc: all counsel) (MAP) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

10

NOTICE by pla EEOC of service of a copy of the 4/3/01 order on the dft (former emp) (Entered: 04/18/2001)

April 13, 2001

April 13, 2001

11

NOTICE by pla OF TAKING DEPO OF Custodian of Records, Glendale Police Dept., on the following date(s): 5/8/01 (former emp) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

12

TRIAL BRIEF FILED by pla (former emp) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

13

MINUTE ENTRY before Judge Stephen M. McNamee Crt Rptr: Vicki Reger Evidentiary Hearing Held Plaintiffs' Exhibit 1 and 2 admitted Hearing to resume 5/24/01 at 9:30am [cc: all cnsl] [13-2] (MAP) Modified on 05/24/2001 (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

14

MINUTE ENTRY before Magistrate Judge Virginia A Mathis Crt Rptr: Gary Moll Evidentiary Hearing Continues Witnesses sworn and examined. Pla's Exhibits admitted Matter Taken Under Advisement [cc: all counsel] [14-1] re: minute entry [14-1] (MAP) Modified on 05/25/2001 (Entered: 05/25/2001)

May 24, 2001

May 24, 2001

15

WITNESS LIST by pla EEOC (for Evidentiary Hearing) (MAP) (Entered: 05/25/2001)

May 24, 2001

May 24, 2001

16

EXHIBIT LIST submitted by pla EEOC (for Evidentiary Hearing) (MAP) (Entered: 05/25/2001)

May 24, 2001

May 24, 2001

17

NOTICE by pla of filing backpay calculations for April Heinzerling, Danielle Welker and Dennis Parson. (former emp) (Entered: 06/01/2001)

May 30, 2001

May 30, 2001

18

SUPPLEMENTAL BRIEF FILED by pla regarding injunctive relief [12- 1] (former emp) (Entered: 06/06/2001)

May 31, 2001

May 31, 2001

19

Transcript Ordering Form by pla re hearing of 5/23/01 through 5/24/01. (former emp) (Entered: 06/08/2001)

June 6, 2001

June 6, 2001

20

MOTION to amend complaint to conform to evidence by pla EEOC [20- 1] (no lodged pleading submitted, SIGNEED copy attached as an exhibit) (MAP) (Entered: 06/11/2001)

June 7, 2001

June 7, 2001

21

(NOTICE OF FILING) EXECUTED DECLARATION of David Lopez in re motion to amend complaint to conform to evidence by pla EEOC [20-1] (no lodged pleading submitted, SIGNEED copy attached as an exhibit) [20-1] (MAP) (Entered: 06/11/2001)

June 7, 2001

June 7, 2001

22

REPORT AND RECOMMENDATION by Mag Judge Virginia A. Mathis: Recommend that this Crt enter dflt jgm in the following amts and as to the following injunctive relief: 1) On behalf of Danielle Welker, backpay in the amt of $2,568.00 plus interest for the period 12/1/98 through jgm, plus compensatory (comp) damages (dmgs) of $25,000 and punitive dmgs of $25,000. 2) On behalf of Terry Boroff, comp dmgs of $5,000 and punitive dmgs of $5,000. 3) On behalf of Jessica Young, comp dmgs of $25,000 and punitive dmgs of $25,000. 4) On behalf of April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 through date of jgm plus comp dmgs of $25,000 and punitive dmgs of $25,000. 5) On behalf of Melissa Barker, back pay and interest in the amt of $17,846.77, plus comp dmgs of $25,000 and punitive dmgs of $25,000. 6) On behalf of Amy Sweitzer, comp dmgs of $10,000 and punitive dmgs of $20,000. 7) On behalf of Amber Bean, comp dmgs of $10,000 and punitive dmgs of $20,000. 8) On behalf of Dennis Parson, back pay in the amt of $7,840.00 plus interest from 2/15/99 to date of jgm plus comp dmgs of $10,000 and punitive dmgs of $20,000. 9) On behalf of EEOC, injunctive relief, for a period of 5 years from the dte of final jgm which requires dft Arrowhead Bagel Co., LLC to do the following if it conducts any further business: See doc for further details. (cc: all cnsl) (former emp) (Entered: 06/12/2001)

June 7, 2001

June 7, 2001

23

TRANSCRIPT of Evidentiary Hearing (Vol 2) by Court Reporter: G. Moll for the following date(s): 5/24/01 (former emp) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

24

TRANSCRIPT of Evidentiary Hearing - Volume 2 (Excerpt - testimony of Dennis Parson) by Court Reporter: G. Moll for the following date(s): 5/24/01. (former emp) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

25

REPORT AND RECOMMENDATION by Mag Judge Virginia A. Mathis recommending that, if dft does not obj to the mtn to amend, the mtn to amend be granted. (cc: all cnsl) (former emp) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

26

TRANSCRIPT of Evidentiary Hrg by Court Reporter: V. Reger for the following date(s): 5/23/01. (former emp) (Entered: 06/27/2001)

June 22, 2001

June 22, 2001

27

NOTICE by pla of filing backpay calculations including interest through 6/26/01 for April Heinzerling, Danielle Welker, Melissa Barker and Dennis Parson according to the Court's R&R dated 6/5/01. (former emp) (Entered: 07/02/2001)

June 27, 2001

June 27, 2001

28

ORDER by Judge Stephen M. McNamee that the Magistrate Judge's REPORT AND RECOMMENDATION dated 6/5/01 and 6/20/01 are accepted and adopted by the Court. FURTHER ORDERED that pla's motion to amend complaint to conform to evidence [20-1] is granted (no lodged pleading submitted, SIGNEED copy attached as an exhibit). FURTHER ORDERED that default judgment is entered against Arrowhead Bagel Co [7-1] in the following injunctive relief: 1) Daniell Welker, back pay of $2568.00 plus interest for the period 12/1/98 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000. 2) Terry Boroff, compensatory damages of $5,000 and punitive damages of $5,000. 3) Jessica Young, compensatory damages in the amount of $25,000 and punitive damages of $25,000; 4) April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 5) Melissa Barker, back pay and interest in the amount of $17,846.77, plus compensatory damages of $25,000 and punitive damages of $25,000; 6) Amy Sweitzer, compensatory damages of $10,000 and punitive damages of $20,000; Amber Bean, compensatory damages of $10,000 and punitive damages of $20,000; 8) Dennis Parson, back pay in the amount of $7840 plus interest from 2/15/99 to the date of judgment, plus compensatory damages of $10,000 and punitive damages of $20,000; 9) On behalf of the EEOC, injunctive relief, for a period of 5 years from the date of final judgment, which requires dft, Arrowhead Begal Company, LLC, to do the as instructed in this Order. The Clerk is directed to enter judgment accordingly; and IT IS FURTHER ORDERED that the exhibits marked and admitted in this case shall be returned to pla's counsel. terminating case (cc: all counsel) (KMG) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

29

DEFAULT JUDGMENT entered re: order [28-2], re: motion for default judgment against Arrowhead Bagel Co by pla [7-1]; Pursuant to Rule 55 (b) of the Federal Rules of Civil Procedure and upon Application of Plaintiff, default judgment is entered against Defendant in the following amounts and as to the following injunctive relief: 1) On behalf of Danielle Welker, back pay in the amount of $2,568 plus interest for the period 12/1/98 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 2) On behalf of Terry Boroff, compensatory damages of $5,000 and punitive damages of $5,000; 3) On behalf of Jessica Young, compensatory damages in the amount of $25,000 and punitive damages of $25,000; 4) On behalf of April Heinzerling, back pay of $10,424.70 plus interest from 2/1/99 until the date of judgment, plus compensatory damages of $25,000 and punitive damages of $25,000; 5) On behalf of Melissa Barker, back pay and interest in the amount of $17,846.77, plus compensatory damages of $25,000 and punitive damages of $25,000; 6) On behalf of Amy Sweitzer, compensatory damages of $10,000 and punitive damages of $20,000; 7) On behalf of Amber Bean, compensatory damages of $10,000 and punitive damages of $20,000; 8) On behalf of Dennis Parson, back pay in the amount of $7,840 plus interest from 2/15/99 to the date of judgment, plus compensatory damages of $10,000 and punitive damages of $20,000; 9) On behalf of the EEOC, injunctive relief, for a period of 5 years from the date of final judgment. (cc: all counsel) (KMG) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

30

NOTICE by pla EEOC OF TAKING DEPOSITIONS OF Steve Oceretko on 4/2/02, Caroline Oceretko on 4/2/02, Frank Fasse on 4/3/02 and Bernadine Fasse on 4/3/02 (SAT) (Entered: 03/07/2002)

March 6, 2002

March 6, 2002

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: Sept. 27, 2001

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

Arrowhead Bagel Co., 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: 338679.47

Order Duration: 2001 - 2006

Content of Injunction:

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Pattern or Practice

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