Case: EEOC v. LANDRY'S SEAFOOD HOUSE-COLORADO, INC.

1:99-cv-01866 | U.S. District Court for the District of Colorado

Filed Date: Sept. 24, 1999

Closed Date: Sept. 25, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Colorado against Landry's Seafood House-Colorado, Inc., d/b/a Simms Landing alleging violations of Title VII of the Civil Rights Act of 1964. The only information available for this summary was the docket. It is known, however, that the parties were able to agree on settlement terms around July 2000, which were later reduced into a consent decree and approved by the court in September 2000. The decree ordered the defendant to pay a total of $20,000 to five female complainants and ordered the defendant to comply with Title VII in all respects and to prevent acts of harassment in violation of Title VII.

Summary Authors

Tony Friedman (9/17/2007)

Documents in the Clearinghouse

Document

1:99-cv-01866

Docket (PACER)

EEOC v. Landry's Seafood House-Colorado, Inc.

Sept. 25, 2000

Sept. 25, 2000

Docket

Resources

Docket

Last updated March 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 09/27/1999)

Sept. 24, 1999

Sept. 24, 1999

2

AMENDED COMPLAINT [1-1] by plaintiff EEOC; jury demand (former empl) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

3

Certificate of Compliance by plaintiff EEOC of service of instructions re notice of availability of Magis Judge and Order of Reference to Magis Judge on dft's counsel (former empl) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

4

NOTICE by plaintiff EEOC of Lawsuit and Request for Waiver of Service of Summons (former empl) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

5

WAIVER OF SERVICE of Summons and Complaint by Edward C. Stewart attorney for defendant Landrys Seafood Hse on 10/27/99 (former empl) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

6

ANSWER by defendant Landrys Seafood Hse to complaint [1-1]; jury demand (former empl) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

7

ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Donald E. Abram by Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 12/16/1999)

Dec. 15, 1999

Dec. 15, 1999

8

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Donald E. Abram ; Rule 16 conference set for 1:45 1/25/00 (cc: all counsel) (former empl) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

9

CERTIFICATE OF MAILING BY CLERK OF COURT OF order [8-1] (former empl) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

10

COURTROOM MINUTES by Magistrate Judge Donald E. Abram ; rule 16 conf held on 1/25/00 ; 5 day jury trial set for 6/4/01 ; Trial prep conference set for 8:00 5/9/00 (sic) schedulin gorder approved ; entry date : 1/27/00 Court Reporter: DEA Tape 2000-06 (former empl) (Entered: 01/27/2000)

Jan. 25, 2000

Jan. 25, 2000

11

SCHEDULING ORDER signed Magistrate Judge Donald E. Abram ; Discovery cutoff 8/4/00 ;dispositive motions due 8/18/00 ; settlement conference 1:30 5/9/00 ;pretrial conference set 9:00 10/31/00 (cc: all counsel) (former empl) (Entered: 01/27/2000)

Jan. 25, 2000

Jan. 25, 2000

12

MINUTE ORDER : by Judge Lewis T. Babcock ; 5 day jury trial set for 6/4/01 ; Trial prep conference set for 8:00 5/9/01 (cc: all counsel) ; entry date : 2/1/00 (former empl) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

13

MINUTE ORDER by Magistrate Judge Boyd N. Boland terminating case referral to Magistrate Judge Donald E. Abram upon his retirement & case referred to Magistrate Judge Boyd N. Boland (cc: all counsel) ; entry date : 2/10/00 (former empl) (Entered: 02/10/2000)

Feb. 9, 2000

Feb. 9, 2000

14

Identification (STATEMENT) by plaintiff of may-call witnesses (gms) (Entered: 02/16/2000)

Feb. 11, 2000

Feb. 11, 2000

16

MEMORANDUM by Judge Lewis T. Babcock referring to Magistrate Judge Boyd N. Boland the motion to vacate and reset the 5/9/00 settlment conference to 6/16/00 [15-1] (former empl) (Entered: 05/09/2000)

May 5, 2000

May 5, 2000

17

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to vacate and reset the 5/9/00 settlment conference [15-1] ; settlement conf reset for 2:30 6/23/00 (cc: all counsel) ; entry date : 5/9/00 (former empl) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

18

Stipulated MOTION filed by defendant Landrys Seafood Hse to vacate 6/23/00 settlement conference and reset (former empl) (Entered: 06/20/2000)

June 16, 2000

June 16, 2000

19

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to vacate 6/23/00 settlement conference and reset [18-1], amending [11-1] schedule order ; settlement conf RESET TO 10:00 7/14/00 (cc: all counsel) ; entry date : 6/23/00 (former empl) (Entered: 06/23/2000)

June 22, 2000

June 22, 2000

20

Stipulated MOTION by plaintiff EEOC, defendant Landrys Seafood Hse to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 (former empl) (Entered: 06/28/2000)

June 27, 2000

June 27, 2000

21

MEMORANDUM by Judge Lewis T. Babcock referring to Magistrate Judge Boyd N. Boland the motion to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 [20-1] (former empl) (Entered: 06/28/2000)

June 28, 2000

June 28, 2000

22

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 [20-1], regarding [11-1] schedule order ; discovery ddl set 9/20/00 ; disp mtn ddl set 10/4/00 and expert discover as set forth (cc: all counsel) ; entry date : 6/30/00 (former empl) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

23

COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; settlement conf held 7/14/00 and settlement placed of record ; dsm papers ddl set for 8/4/00 ; entry date : 7/18/00 Court Reporter: BNB Civil Tape 2000-48 (former empl) (Entered: 07/18/2000)

July 14, 2000

July 14, 2000

24

MEMORANDUM by Magistrate Judge Boyd N. Boland ; dsm papers ddl set for 8/4/00 (former empl) (Entered: 07/18/2000)

July 14, 2000

July 14, 2000

25

ORDER signed 7/14/00, filed 7/17/00 by Magistrate Judge Boyd N. Boland on settled case ; dsm papers ddl set for 8/4/00 (cc: all counsel) ; entry date : 7/18/00 (former empl) (Entered: 07/18/2000)

July 17, 2000

July 17, 2000

26

Status REPORT by plaintiff EEOC..anticipate filing dismissal pleadings by 8/21/00 (former empl) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

28

Status REPORT by defendant Landrys Seafood Hse on settlemenet documents (former empl) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

29

STATUS REPORT by plaintiff EEOC (former empl) (Entered: 09/05/2000)

Aug. 31, 2000

Aug. 31, 2000

30

Third STATUS REPORT by defendant Landrys Seafood Hse (former empl) (Entered: 09/05/2000)

Aug. 31, 2000

Aug. 31, 2000

31

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; dsm papers ddl set for 9/27/00 (cc: all counsel) ; entry date : 9/16/00 (former empl) (Entered: 09/16/2000)

Sept. 14, 2000

Sept. 14, 2000

32

CONSENT DECREE signed 9/22/00, filed 9/25/00 by Chief Judge Lewis T. Babcock, recitals and findings that the decree is fair, reasonable and just ORDERING: dft/SIMMS agreed to tendcer checks of $8,000 to Kathleen Cook as compensatory damages and check to Brenda Cox, $2,500, Kathy Gilmore, $4,500, Susan Hansen, $2,500, Jennifer Bowman $2,500, either directly or through the COMMISSION as appropriate or necessary; the named individuals will be individually responsible for all applicable taxes related to the monies received, acopy of the checks shall be mailed simultaneously to the COMMISSION; if any person refuses to accept a pyment under this decree or cannot be located that person's allottment shall be split evenly amongst the other named individuals; the parties agree that all payments on money made by SIMMS pursuant to this decree shall be subject to strict confidentiality agreement by those individuals receiving money as set forth in Attachment "A"; SIMMS agrees that it will comply with Title VII in all respects and will prevent acts of harrassment in violation of Title VIIi; any future claims that SIMMS has violated Title VII shall not constitute a breach of this Agreement or relieve the parties of their obligations under the consent Decree; all claims set forth in 99-B-1866 are resolved; terms and conditions of compliance required by SIMMS are fully set forth in paragraphs 11-20; each parth shall be responsible for its own costs/attorney's fee unless as otherwise Ordered; the Court retains jurisdiction for 3 years for purposes of compliance; ( terminating case) (cc: all counsel) ; entry date : 9/25/00 (former empl) Modified on 09/25/2000 (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 24, 1999

Closing Date: Sept. 25, 2000

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

Landry's Seafood House - Colorade, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

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: 20000

Order Duration: 2000 - 2003

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits