Case: EEOC v. Bodega Bars USA

4:07-cv-01645 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 21, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega Bars, engaged in unlawful employment practices on the basis of sex. Specifically, the EEOC claimed that the two female employees were subjected to egregious sexual harassment by one of Defendant's cust…

On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega Bars, engaged in unlawful employment practices on the basis of sex. Specifically, the EEOC claimed that the two female employees were subjected to egregious sexual harassment by one of Defendant's customers, and Defendant did not take appropriate corrective action despite the employees' repeated complaints. Furthermore, the propositions, touching, and graphic sexual comments by the customer allegedly created a sexually hostile work environment for the employees that was so oppressive that they were forced to resign their employment. The EEOC sought injunctive and monetary relief.

On November 30, 2007, the District Court (Judge Charles A. Shaw) granted a motion to intervene by the two employees. The plaintiff-intervenors filed their complaint that same day, making the same claims as included in the original complaint.

The District Court (Judge Donald J. Stohr) then approved a settlement between the parties under a consent decree on July 2, 2008. The decree accorded general injunctive relief, requiring that Defendant not engage in sexual harassment or sex discrimination in any of its restaurants against its employees. The decree also provided that Defendant pay $64,000 in monetary damages ($32,000 each) to the two aggrieved employees. Defendant was also required to take reasonable steps to exclude from its premises the customer at issue.

The decree further provided that Defendant establish a sexual harassment policy that would be distributed to all of its employees, as well as provide two hours of training on the policy to its managers. The consent decree was to be in effect for a period of two years.

On June 28th, 2010, the Court extended the consent decree by a further six months, due to allegations by the Plaintiffs that the Defendant failed to comply with the terms of the consent decree. The Plaintiffs specifically alleged that the Defendants failed to pay the last $10,000 in monetary damages to the two aggrieved employees.

There has been no further activity on this case since the June 28th, 2010 order, and the case is now closed.

Summary Authors

Adam Teitelbaum (3/20/2010)

Michael Beech (1/29/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5534559/parties/equal-employment-opportunity-commission-v-bodega-bars-usa-llc-dba/


Judge(s)

Shaw, Charles Alexander (Missouri)

Stohr, Donald J. (Missouri)

Attorneys(s) for Plaintiff

Miller, C. Felix (Missouri)

Seely, Barbara A. (Missouri)

Attorneys(s) for Defendant

Garland, Burton D. Jr. (Missouri)

Lawson, William M. (Missouri)

Stewart, Robert W. (Missouri)

Other Attorney(s)

Active

Active

Active

Judge(s)

Shaw, Charles Alexander (Missouri)

Stohr, Donald J. (Missouri)

Attorneys(s) for Plaintiff

Miller, C. Felix (Missouri)

Seely, Barbara A. (Missouri)

Attorneys(s) for Defendant

Garland, Burton D. Jr. (Missouri)

Lawson, William M. (Missouri)

Stewart, Robert W. (Missouri)

Other Attorney(s)

Harper, Donna (Missouri)

Lynn, John D. (Missouri)

Sedey, Mary Anne (Missouri)

Documents in the Clearinghouse

Document

4:07-cv-01645

Docket [PACER]

EEOC v. Bodega Bars USA, LLC.

July 2, 2008

July 2, 2008

Docket
1

4:07-cv-01645

Complaint

EEOC v. Bodega Bars USA, LLC.

Sept. 21, 2007

Sept. 21, 2007

Complaint
11

4:07-cv-01645

Memorandum and Order (granting motion to intervene)

EEOC v. Bodega Bars USA, LLC

2007 WL 4270792

Nov. 30, 2007

Nov. 30, 2007

Order/Opinion
12

4:07-cv-01645

Plaintiff-Intervenors' Complaint

EEOC v. Bodega Bars USA, LLC

Nov. 30, 2007

Nov. 30, 2007

Complaint
33

4:07-cv-01645

Consent Decree

EEOC v. Bodega Bars USA, LLC.

July 2, 2008

July 2, 2008

Settlement Agreement
34

4:07-cv-00164

Plaintiffs' Joint Application for Order Requiring Defendant to Show Cause Why It Should Not be Held in Contempt for Failure to Comply with Consent Decree

EEOC v. Bodega Bars USA, LLC

June 11, 2010

June 11, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5534559/equal-employment-opportunity-commission-v-bodega-bars-usa-llc-dba/

Last updated Aug. 2, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant Non−Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form # 3 Waiver of Service # 4 Disclosure Of Corporation Interests Certificate)(Miller, C.) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

Case Opening Notification Waivers issued 1, Disclosure of Corporate Interest issued to defendant. Judge Assigned: Charles A. Shaw. (SAJ, ) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

2

SUMMONS Returned Executed filed by Equal Employment Opportunity Commission. Bodega Bars USA, LLC d/b/a Mosaic Restaurant served on 9/21/2007, answer due 10/11/2007. (Miller, C.) Modified on 10/19/2007 (MRC, ). [This document entered into the record incorrectly. Attorney notified of filing error. Attorney to refile this document appropriately.] (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

3

WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission (Miller, C.) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

WAIVER OF SERVICE Returned Executed {See Document #3} Bodega Bars USA, LLC d/b/a Mosaic Restaurant waiver sent on 9/21/2007, answer due 11/20/2007. [Entry made for answer due deadline. NO.PDF ATTACHED] (MRC, ) (Entered: 10/23/2007)

Oct. 22, 2007

Oct. 22, 2007

4

ENTRY of Appearance by Robert W. Stewart for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Stewart, Robert) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

5

ENTRY of Appearance by William M. Lawson for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Lawson, William) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

6

ENTRY of Appearance by Burton D. Garland, Jr for Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Garland, Burton) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

7

ANSWER to 1 Complaint, by Bodega Bars USA, LLC d/b/a Mosaic Restaurant.(Garland, Burton) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

8

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Bodega Bars USA, LLC d/b/a Mosaic RestaurantParent companies: N/A, Subsidiaries: N/A, Publicly held company: N/A,. (Garland, Burton) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

9

MOTION for Leave to Intervene. (Attachments: # 1 Exhibit Complaint)(Lynn, John) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

10

MEMORANDUM in Support of Motion re 9 MOTION for Leave to Intervene filed by Plaintiffs Aimee Boss, Morgan Hagedon. (Lynn, John) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

12

INTERVENOR COMPLAINT Summons(es) issued−none, Waivers issued none, Jury Demand, filed by Aimee Boss, Morgan Hagedon.(MRC) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

13

RULE 16 ORDER (see Order for complete details)− A Scheduling Conference pursuant to Fed.R.Civ.P. 16 is set for Friday, January 4, 2008 at 9:30 am in Courtroom 12−N. ....No later than fifteen (15) days before the scheduling conference, counsel shall file a joint proposed scheduling plan with the Court....This case has been preliminarily assigned to Track Two (2) Joint Scheduling Plan due by 12/20/2007. Rule 16 Conference set for 1/4/2008 09:30 AM in Courtroom 12N before Honorable Charles A. Shaw.. Signed by Honorable Charles A. Shaw on 12/4/2007. (MRC) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

14

ENTRY of Appearance by Barbara A. Seely for Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

15

Defendant's ANSWER to Complaint (Plaintiff−Intervenors') by Bodega Bars USA, LLC d/b/a Mosaic Restaurant.(Lawson, William) (Entered: 12/18/2007)

Dec. 18, 2007

Dec. 18, 2007

16

JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant.. (Miller, C.) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

17

ENTRY of Appearance by Mary Anne O. Sedey for Intervenor Plaintiffs Aimee Boss, Morgan Hagedon. (Sedey, Mary Anne) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

18

ENTRY of Appearance by Donna L. Harper for Intervenor Plaintiffs Aimee Boss, Morgan Hagedon. (Harper, Donna) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

19

CASE MANAGEMENT ORDER This case is assigned to Track: 2(Standard). ADR Future Reference 3/3/2008. Motion to Join Parties due by 3/31/2008. Discovery Completion due by 9/2/2008. Dispositive Motions due by 9/29/2008. Pretrial Compliance due by 2/24/2009. Motion in Limine due by 3/2/2009. Pretrial Conference set for 3/12/2009 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Jury Trial set for 3/16/2009 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Signed by Honorable Charles A. Shaw on 1/4/2008. (NCL) Modified Pretrial Compliance Date on 1/4/2008 (NCL). (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

20

Minute Entry for proceedings held before Honorable Charles A. Shaw: Rule 16 Conference held on 1/4/2008 Conference by phone? No. CMO to issue. ( EEOC or Intervenor Plaintiff's NOT REPRESENTED BY COUNSEL) (Court Reporter or FTR Gold Operator initials:none present.) (FTR Gold yes or no: no.) (JWJ) Modified on 1/8/2008 (JWJ). (Entered: 01/07/2008)

Jan. 4, 2008

Jan. 4, 2008

21

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Mr. C. Felix Miller, Jr Designation of Neutral due by 3/13/2008. ADR Completion Deadline due by 5/2/2008.. Signed by Honorable Charles A. Shaw on 3/3/08. (JWJ) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

22

Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

Docket Text ORDER re: Doc. 22 , Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, and Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant; ORDERED GRANTED. The parties shall complete mediation by June 16, 2008. Signed by Honorable Charles A. Shaw on March 24, 2008. (SMH) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

23

Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant Neutral: John Gianoulakis Date of Conference: May 28, 2008 time: 9:00 a.m. Location: U.S. Courthouse(Miller, C.) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

24

NOTICE of Appointment of Neutral Neutral name: John Gianoulakis Neutral selected by Parties(LMT) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

25

ORDER − Upon review of the Court file, the undersigned concludes there are circumstances present in this case which might give rise to the need for recusal pursuant to 28 USC 455. Accordingly, IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment.. Signed by Honorable Charles A. Shaw on 5/13/2008. (MRC) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

26

REASSIGNMENT ORDER (James G. Woodward,Clerk of Court). −......IT IS HEREBY ORDERED that the above styled cause is randomly reassigned to United States District Judge Donald J. Stohr for all further proceedings. Judge Honorable Charles A. Shaw termed. Case reassigned to Judge Honorable Donald J. Stohr for all further proceedings (MRC) (Entered: 05/14/2008)

May 13, 2008

May 13, 2008

27

ORDER − IT IS HEREBY ORDERED that the pretrial conference previously scheduled for March 12, 2009 at 2:00 p.m. is vacated to be reset upon further order of Court. Signed by Honorable Donald J. Stohr on 5/15/2008. (JMW) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

28

Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

29

ORDER IT IS HEREBY ORDERED that the parties' joint motion for extension of time to complete alternative dispute resolution [Doc. #28] is granted as follows. IT IS FURTHER ORDERED that the March 16, 2009 trial setting is vacated and all pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, no later than July 1, 2008, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to comply timely with this order may result in the dismissal of this action with prejudice. Re 28 Joint MOTION for Extension of Time to Complete Mediation filed by Morgan Hagedon, Aimee Boss, Equal Employment Opportunity Commission, Bodega Bars USA, LLC d/b/a Mosaic Restaurant − Granted. (Response to Court due by 7/1/2008.) Signed by Honorable Donald J. Stohr on 6/19/2008. (NCL) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

30

ADR COMPLIANCE REPORT by Neutral: John Gianoulakis Date of Conference: 5/28/08 participated in good faith: Y, the parties DID

June 19, 2008

June 19, 2008

32

Consent Decree by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Aimee Boss, Morgan Hagedon, Defendant Bodega Bars USA, LLC d/b/a Mosaic Restaurant. (Miller, C.) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

Docket Text ORDER re 31 : Joint MOTION to Approve Consent Judgment, GRANTED. Signed by Honorable Donald J. Stohr on 7/2/08. (LCE) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

33

CONSENT DECREE (See document for complete details) . Signed by Honorable Donald J. Stohr on 7/2/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(JMW) (Entered: 07/03/2008)

July 2, 2008

July 2, 2008

11

MEMORANDUM AND ORDER -.......IT IS HEREBY ORDERED that movants Aimee Boss and Morgan Hageon's motion to intervene is GRANTED and they are joined as parties plainitff in this case. IT IS FURTHER ORDERED that the Clerk of the Court shall amend the caption of this case to read as follows: Equal Employment Opportunity Commission, plaintiff, and Aimee Boss and Morgan Hagedon, intervenor plaintiffs, v. Bodega Bars USA, LLC, d/b/a/ Mosaic Restaurant, defendant,No. 4:07-CV-1645 CAS. The parties sha ll use this caption on all future pleadings. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the intervenor plaintiffs' complaint, which was submitted as an attachment to the motion for leave. re: 9 MOTION for Leave to Intervene filed by Plaintiff Morgan Hagedon, Plaintiff Aimee Boss. Signed by Honorable Charles A. Shaw on 11/30/2007. (MRC)

Nov. 30, 2007

Nov. 30, 2007

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of two female employees (who also filed as intervenor-plaintiffs) alleging sex harassment by a customer and constructive discharge by company for its failure to act to end the harassment.

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

Bodega Bars USA, LLC., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably 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: $64,000

Order Duration: 2008 - 2010

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Issues

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Private Party intervened in EEOC suit