Case: EEOC v. MAMASITA'S RESTAURANT

2:06-cv-00033 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 27, 2006

Closed Date: Jan. 8, 2013

Clearinghouse coding complete

Case Summary

In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North Carolina, alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants were subjected to…

In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North Carolina, alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants were subjected to a sexually hostile work environment, leading to their constructive discharge and, in one case, retaliatory action against the complainants. Following some discovery, the parties settled the lawsuit through a consent decree.

The five-year decree, containing anti-discrimination and retaliation clauses, required the defendants to: report on complaints, make compliance reports, allow the EEOC access for monitoring, provide references to the complaining parties, develop an anti-discrimination policy, post and distribute notice of EEO rights, provide EEO training, and pay $25,000 to be distributed among three complaining parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2013.

Summary Authors

David Friedman (5/6/2008)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

2:06-cv-00033

Docket (PACER)

EEOC v. Mexican Express Amigos, Inc.

Jan. 8, 2008

Jan. 8, 2008

Docket
1

2:06-cv-00033

Complaint

EEOC v. Mexican Express Amigos, Inc. et al

Sept. 27, 2006

Sept. 27, 2006

Complaint
15

2:06-cv-00033

Consent Decree

EEOC v. Mexican Express Amigos, Inc.

Jan. 8, 2008

Jan. 8, 2008

Settlement Agreement

Resources

Docket

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

ECF Number Description Date Link Date / Link
1

COMPLAINT service by request for waiver pursuant to Rule 4(d) against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

NOTICE to counsel: no proposed summons were attached to the complaint entry for the Clerk to issue. They may be -efiled under notices, other, proposed summons. Upon receipt, clerk will issue. (Deputy Clerk - SDF) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Mexican Express Carolina, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (Cohen, Kerith) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

3

WAIVER OF SERVICE Returned Executed by Mexican Express Amigos, Inc.. Mexican Express Amigos, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (McKellar, A.) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

4

MOTION for Extension of Time to File Answer re 1 Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

5

Proposed Order re 4 MOTION for Extension of Time to File Answer re 1 Complaint filed by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

6

ORDER granting 4 Motion for Extension of Time to Answer. Mexican Express Amigos, Inc. answer due 1/3/2007; Mexican Express Carolina, Inc. answer due 1/3/2007. . Signed by Michael Brooks, Acting Clerk of Court on 12/6/2006.- cys served (Deputy Clerk - SDF) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

7

ANSWER to Complaint with Jury Demand by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc..(Bentz, Curtis) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

8

REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk - SDF, ) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

Set Deadlines: Discovery Plan due by 2/17/2007. (Deputy Clerk - SDF, ) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

9

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission.(Cohen, Kerith) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

10

SCHEDULING ORDER: Reports from retained experts due by 7/31/2007, and from rebuttal experts by 8/31/2007; All Discovery completed by 10/31/2007; All potentially dispositive motions shall be filed by 11/30/2007. The matter will be set for trial by separate order. Signed by Judge James C. Dever III. Signed by Judge James C. Dever III on 2/26/2007. -cys served (Deputy Clerk - SDF, ) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

11

AMENDED ANSWER to Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

12

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Cohen, Kerith) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

Motion Submitted: 12 Joint MOTION for Extension of Time to Complete Discovery SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

13

ORDER granting 12 Joint Motion for Extension of Time. It is ORDERED that all discovery will be concluded by December 31, 2007, and all potentially dispositive motions will be filed by January 30, 2008. Signed by Judge James C. Dever III on 10/10/2007. (Deputy Clerk - JRH) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

14

Consent MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree) (Cohen, Kerith) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

Motion Submitted: 14 MOTION for Entry of Consent Decree SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH ) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

15

CONSENT DECREE: With the consent of the parties, this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 20 of the document. Signed by Judge James C. Dever III on 1/8/2008. (Deputy Clerk - JRH ) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: Jan. 8, 2013

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

Mexican Express Carolina, Inc. (Edenton, North Carolina; Elizabeth City, North Carolina), Private Entity/Person

Mexican Express Amigos, Inc. (Edenton, North Carolina; Elizabeth City, North Carolina), 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: 25000

Order Duration: 2008 - 2013

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits