Case: EEOC v. CACTUS-LANCASTER, LLC

2:04-cv-04584 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 29, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004 the Philadelphia District Office of the EEOC brought this lawsuit against restaurant service provider Cactus-Lancaster, LLC and Mr. Brett R. Austin, doing business as Cactus Willie's Steak Buffet, in the U.S. District Court for the Eastern District of Pennsylvania 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 defendant subjected the two charging parties, female em…

In September 2004 the Philadelphia District Office of the EEOC brought this lawsuit against restaurant service provider Cactus-Lancaster, LLC and Mr. Brett R. Austin, doing business as Cactus Willie's Steak Buffet, in the U.S. District Court for the Eastern District of Pennsylvania 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 defendant subjected the two charging parties, female employees, and a class of similarly situated persons to a sexually hostile work environment and retaliation for opposition of this activity. After one scheduling conference and a settlement conference before the District Judge, the parties settled the dispute in September 2005 through a consent decree.

The consent decree required the defendant to: refrain from participating in discrimination or retaliation, to develop an anti-discrimination policy, to distribute this policy to empoyees, to provide anti-discrimination training, and to provide a Toll-Free number for employees to lodge complaints. Additionally, the defendant was required to pay $100,000, to be distributed among 6 claimants. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Keri Livingston (10/1/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

2:04-cv-04584

Docket (PACER)

EEOC v. Austin

Sept. 13, 2005

Sept. 13, 2005

Docket
2

2:04-cv-04584

First Amended Complaint

EEOC v. Cactus-Lancaster, LLC

Nov. 16, 2004

Nov. 16, 2004

Complaint
16

2:04-cv-04584

Order [Dismissing Action]

EEOC v. Cactus-Lancaster, LLC

June 27, 2005

June 27, 2005

Order/Opinion
17

2:04-cv-04584

Consent Decree

EEOC v. Cactus-Lancaster

Sept. 13, 2005

Sept. 13, 2005

Settlement Agreement

Resources

Docket

Last updated March 17, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BRETT R. AUSTIN , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

2

FIRST AMENDED COMPLAINT AGAINST CACTUS-LANCASTER, LLC FILED BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JURY DEMAND.(ac, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

Summons Issued as to CACTUS-LANCASTER, LLC. Forwarded To: Counsel on 11/17/04 (ac, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

3

WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. CACTUS-LANCASTER, LLC waiver sent on 11/17/2004, answer due 1/18/2005. (wgc, ) (Entered: 12/15/2004)

Dec. 14, 2004

Dec. 14, 2004

4

APPLICATION for Pro Hac Vice Admission of Jay R. Fries on behalf of CACTUS-LANCASTER, LLC. (wgc, )Motion, Statement, Certificate of Service Modified on 1/13/2005 (wgc, ). Additional attachment(s) added on 2/4/2005 (bj, ). (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

5

APPLICATION for Pro Hac Vice Admission of Kathleen Talty on behalf of CACTUS-LANCASTER, LLC. Motion, Statement, Certificate of Service (wgc, ) Additional attachment(s) added on 2/4/2005 (bj, ). (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

6

ANSWER to First Amended Complaint with Affirmative Defenses by CACTUS-LANCASTER, LLC, Cert of Serv.(jmp, ) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

7

ORDER THAT THE APPLICATION OF JAY R. FRIES, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT, CACTUS-LANCASTER, LLC IS GRANTED. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/19/05. 1/19/05 ENTERED AND COPIES MAILED.(fdc) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

8

ORDER THAT THE APPLICATION OF KATHLEEN A. TALTY, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT, CACTUS-LANCASTER, LLC IS GRANTED. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/19/05. 1/19/05 ENTERED AND COPIES MAILED.(fdc) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

9

ORDER THAT A RULE 16 CONFERENCE WILL BE HELD ON 2/7/2005 AT 09:30 AM.. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/24/05. 1/27/05 ENTERED AND COPIES MAILED AND E-MAILED.(afm, ) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

10

MOTION to Strike Appearance of John Kruchko, Esq. as Local Counsel and Substitute Jonathan Krause, Esq. as Local Counsel for Defendant filed by CACTUS-LANCASTER, LLC.Certificate of Service.(FRIES, JAY) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

11

ORDER THAT THE APPEARANCE OF JOHN G. KRUCHKO, ESQ. AS LOCAL COUNSEL FOR DEFENDANT, CACTUS-LANCASTER, LLC, IS STRICKEN AND THE APPEARANCE OF JONATHAN KRAUSE, ESQ. MORGAN,LEWIS & BOCKIUS LLP IS ENTERED AS LOCAL COUNSEL FOR DEFENDANTS . SIGNED BY JUDGE JUAN R. SANCHEZ ON 02/04/05. 02/07/05 ENTERED AND COPIES MAILED.(ac, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

12

ORDER THAT THE FOLLOWING DEADLINES ARE SET IN THIS CASE: FINAL PRETRIAL CONFERENCE SET FOR 9/7/2005 09:00 AM BEFORE HONORABLE JUAN R. SANCHEZ. DISCOVERY DUE BY 7/7/2005. MOTIONS DUE BY 7/21/2005. PLAINTIFF PRETRIAL MEMO DUE BY 8/4/2005. DEFENDANT PRETRIAL MEMO DUE BY 8/11/2005. TRIAL POOL SET FOR 10/11/2005.. SIGNED BY JUDGE JUAN R. SANCHEZ ON 2/7/05. 2/8/05 ENTERED AND COPIES MAILED AND E-MAILED.(wgc, ) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

13

Minute Entry for proceedings held before Judge JUAN R. SANCHEZ : Pretrial Conference held on 02/07/05. (ac, ) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

14

ORDER THAT A SETTLEMENT CONFERENCE IS SCHEDULED FOR JUNE 1, 2005, AT 11:00 A.M. IN COURTROOM TBA. SIGNED BY JUDGE JUAN R. SANCHEZ ON 05/13/05. 05/13/05 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

15

Minute Entry for proceedings held before Judge JUAN R. SANCHEZ : Settlement Conference held on 06/01/05. (ac, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

16

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JUAN R. SANCHEZ ON 06/24/05. 06/28/05 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 06/28/2005)

June 27, 2005

June 27, 2005

17

CONSENT DECREE WITH COURT APPROVAL THAT SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WHICH WERE RAISED BY THE EEOC IN ITS COMPLAINT. SIGNED BY JUDGE JUAN R. SANCHEZ ON 09/13/05. 09/14/05 ENTERED AND COPIES MAILED.(ac, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2008

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

Brett R. Austin (individual) (Lancaster, Pennsylvania), Private Entity/Person

Cactus-Lancaster, LLC (Lancaster, Pennsylvania), 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: 100000

Order Duration: 2005 - 2008

Content of Injunction:

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

Issues

General:

Pattern or Practice

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