Case: Hendrix v. Chipotle Mexican Grill Incorporated

2:20-cv-01595 | U.S. District Court for the District of Arizona

Filed Date: Aug. 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about employment discrimination on the basis of sex and pregnancy. On August 12, 2020, a female employee filed this lawsuit in the United States District Court for the District of Arizona. The plaintiff sued Chipotle Mexican Grill, Inc. under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Represented by private counsel, the plaintiff sought back pay, front pay, compensatory and punitive damages, and attorneys' fees. The plaintiff claimed that the defendant discrimi…

This is a case about employment discrimination on the basis of sex and pregnancy. On August 12, 2020, a female employee filed this lawsuit in the United States District Court for the District of Arizona. The plaintiff sued Chipotle Mexican Grill, Inc. under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Represented by private counsel, the plaintiff sought back pay, front pay, compensatory and punitive damages, and attorneys' fees. The plaintiff claimed that the defendant discriminated against her by refusing to give her proper break time to pump breastmilk while on shift and initially sought class certification.

On December 29, 2016, the plaintiff requested a break to pump breastmilk. She claimed that her managers refused to allow her to pump as the restaurant was busy. The plaintiff’s breasts began to visibly leak through her shirt, and she was required to continue serving customers. Upon seeing that she was leaking, the plaintiff’s managers informed her that she would be permitted to take a break in fifteen minutes. During this time, the plaintiff claimed she was still required to interact with customers with a soaked-through shirt. The plaintiff claimed that approximately forty minutes after being allowed to pump, she was called into the office by her managers and berated.

The plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that she was discriminated against on the basis of her gender and pregnancy in violation of Title VII. The EEOC issued a determination that there was reasonable cause to believe that the defendant violated Title VII and permitted the plaintiff to file this lawsuit.

Upon filing on August 14th, 2020, the case was assigned to Judge Eileen S. Willett. On August 14, 2020, the case was reassigned from the Magistrate to the District Court to Judge Steven P. Logan, per local rules.

On August 14th, 2020, Judge Logan issued a preliminary order stating that any motion to dismiss the case is discouraged if the pleading can be cured by filing an amended pleading. On September 1, 2020, the plaintiff filed an amended complaint. The amended complaint was largely identical to the original, except that the plaintiff was now suing individually with no collective action allegations. Accordingly, the scope of relief was amended to eliminate relief to other individuals similarly situated. There was no additional information from the pleadings as to why the class allegations were dropped.

The case is ongoing.

Summary Authors

Jane Fisher (9/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17439414/parties/hendrix-v-chipotle-mexican-grill-incorporated/


Judge(s)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Barrat, Jason Saul (Arizona)

Miller, Jessica Elizabeth (Arizona)

Zoldan, Michael David (Arizona)

Judge(s)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Barrat, Jason Saul (Arizona)

Miller, Jessica Elizabeth (Arizona)

Zoldan, Michael David (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Hendrix v. Chipotle Mexican Grill, Inc.

Sept. 8, 2020 Docket
1

Collective Action Complaint Under 42 U.S.C. § 2000e, ET SEQ.

Hendrix v. Chipotle Mexican Grill, Inc.

Aug. 12, 2020 Complaint
13

First Amended Verified Complaint

Hendrix v. Chipotle Mexican Grill, Inc.

Sept. 1, 2020 Complaint

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17439414/hendrix-v-chipotle-mexican-grill-incorporated/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $400.00, receipt number 0970-18564035 filed by Noel Hendrix. (submitted by Jessica Miller) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 08/12/2020)

1 Civil Cover Sheet

View on PACER

Aug. 12, 2020 RECAP
2

SUMMONS Submitted by Noel Hendrix. (submitted by Jessica Miller) (REK) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
3

Filing fee paid, receipt number 0970-18564035. This case has been assigned to the Honorable Eileen S. Willett. All future pleadings or documents should bear the correct case number: CV-20-01595-PHX-ESW. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form) (REK) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
4

Summons Issued as to Chipotle Mexican Grill Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/12/2020)

Aug. 12, 2020 PACER
6

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 08/14/2020)

Aug. 13, 2020 PACER
7

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-20-1595-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
8

PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on November 10, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure See attached Order for complete details. Signed by Judge Steven P. Logan on 8/14/2020. (LMR) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP

25 Pct Mag - Election to Assign Case to District Judge

Aug. 14, 2020 PACER

~Util - Add and Terminate Judges AND Minute Order

Aug. 14, 2020 PACER
9

NOTICE of Appearance by Michael David Zoldan on behalf of Noel Hendrix. (Zoldan, Michael) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
10

NOTICE of Appearance by Michael David Zoldan on behalf of Noel Hendrix. (Zoldan, Michael) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
11

NOTICE of Attorney Substitution by Michael David Zoldan. (Zoldan, Michael) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
12

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Noel Hendrix . (Attachments: # 1 Exhibit Amended underlined complaint)(Zoldan, Michael) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
13

AMENDED COMPLAINT against Chipotle Mexican Grill Incorporated filed by Noel Hendrix.(Zoldan, Michael) (Entered: 09/01/2020)

Sept. 1, 2020 RECAP
14

SERVICE EXECUTED filed by Noel Hendrix: Proof of Service re: Amended Complaint, Summons, Order upon Chipotle Mexican Grill, Inc. DE on 20.09.03. (Zoldan, Michael) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
15

SERVICE EXECUTED filed by Noel Hendrix: Proof of Service re: Amended Complaint, Summons, Order upon Chipotle Mexican Grill, Inc. AZ on 20.09.04. (Zoldan, Michael) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
16

ORDER: Plaintiff must show cause in writing why this action should not be dismissed in its entirety for failure to prosecute no later than October 12, 2020, unless a responsive pleading pursuant to Rule 12 of the Federal Rules of Civil Procedure or an application for entry of default pursuant to Rule 55(a) is filed within such time. Signed by Judge Steven P. Logan on 10/5/2020. (LMR) (Entered: 10/06/2020)

Oct. 6, 2020 PACER
17

NOTICE of Appearance by Erica K Rocush on behalf of Chipotle Mexican Grill Incorporated. (Rocush, Erica) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
18

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Chipotle Mexican Grill Incorporated. (Attachments: # 1 Text of Proposed Order Order Granting Stipulation to Extend Time to Respond to Plaintiff's Complaint)(Rocush, Erica) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
19

ORDER: The parties' Stipulation is granted. Defendant shall have until November 11, 2020, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 10/9/2020. (LMR) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
22

~Util - Set/Reset Hearings AND Order

Nov. 17, 2020 PACER

Remark re Pro Hac Vice Motion

Nov. 17, 2020 PACER

Remark re Pro Hac Vice Motion

Nov. 18, 2020 PACER
23

Stipulation

Dec. 11, 2020 PACER
24

~Util - Set/Reset Deadlines/Hearings AND Order on Stipulation

Dec. 18, 2020 PACER
25

Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan)

Jan. 12, 2021 PACER
26

~Util - Set Deadlines AND Order

Jan. 14, 2021 PACER
27

Additional Attachments to Main Document

Jan. 14, 2021 PACER
28

~Util - Terminate Hearings AND Order

Jan. 19, 2021 PACER
29

Scheduling Order

Jan. 19, 2021 PACER
30

Report - Settlement Talks/Discussions

July 13, 2021 PACER
31

Stipulation of Dismissal

July 26, 2021 PACER
32

Order Dismissing Case

July 27, 2021 PACER

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Aug. 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current or former employees of Chipotle, working in job positions in its restaurants, who requested to pump or express breast milk while on-shift, but were denied the request, and/or who were subjected to hostility or harassment for requesting such pump breaks, between March 9, 2016 and January 3, 2017.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Chipotle Mexican Grill Incorporated, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Accommodation / Leave

Harassment / Hostile Work Environment

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

Discrimination-basis:

Family discrimination

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female