Case: U.S. Equal Employment Opportunity Commission v. Sis-Bro, Inc.

3:24-cv-00968 | U.S. District Court for the Southern District of Illinois

Filed Date: March 28, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of several cases originally brought by the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden Administration to enforce Title VII’s prohibition of sex-based workplace discrimination against transgender employees. In these cases, the EEOC’s position was that discrimination on account of gender identity and sexuality necessarily constituted sex-based discrimination in violation of Title VII. After Present Donald Trump was elected, the EEOC reversed its position and mo…

This is one of several cases originally brought by the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden Administration to enforce Title VII’s prohibition of sex-based workplace discrimination against transgender employees. In these cases, the EEOC’s position was that discrimination on account of gender identity and sexuality necessarily constituted sex-based discrimination in violation of Title VII. After Present Donald Trump was elected, the EEOC reversed its position and moved to dismiss these cases, which are available here.

On March 28, 2024, the EEOC filed this lawsuit against Sis-Bro Inc., a pig farming operation, in the United States District Court for the Southern District of Illinois. The EEOC filed this lawsuit on behalf of Defendant’s former employee, a transgender woman. She had been working for the Defendant for nearly a decade before she began her transition. She continued working for the Defendant for three years after her transition, during which time the Defendant engaged in the following conduct: (1) Subjected her to harassment and a hostile work environment by using her deadname, misgendering her, and criticizing her for obtaining gender-affirming care; (2) Subjected her to a severe hostile working environment by permitting a coworker to sexually harass her; (3) Failing to provide an effective reporting mechanism through which to make complaints of harassment; (4) Constructively discharged her by making the workplace intolerable.

The EEOC’s lawsuit alleged that Defendant’s actions constituted unlawful discrimination based on her sex and gender identity in violation of Title VII. The EEOC sought compensatory, emotional distress, and punitive damages for the former employee and a permanent injunction to (1) prevent the Defendant from maintaining a sexually hostile work environment, (2) prevent the Defendant from subjecting its employees to retaliatory treatment, and (3) affirmatively require the Defendant to implement policies, practices, and programs to provide equal employment opportunities for transgender employees. This case was assigned to Judge John Phil Gilbert.

The Defendant filed a motion to dismiss on May 28, 2024, arguing in large part that the EEOC had not pled sufficient facts to substantial its claims. Following motion practice and oral argument, the Court denied Defendant’s motion on August 16, 2024.

On September 18, 2024, the former employee filed an intervenor complaint in the case and joined as a Plaintiff-intervenor to the litigation. Represented by Justicia Laboral LLC, she pled the same facts as the EEOC but in more detail. In addition to the claims brought by the EEOC on her behalf, she also alleged that Defendant’s conduct violated Title VII’s prohibition of discrimination on account of national origin and race, the Illinois Human Rights Act, and the Illinois Gender Violence Act, and she sued for battery and intentional infliction of emotional distress.

The Defendant moved to dismiss the former employee’s intervenor complaint on October 9, 2024. On November 7, 2024, the intervenor Plaintiff voluntarily dismissed her claims as to the Illinois Human Rights Act, battery, and intentional infliction of emotional distress, but opposed Defendant’s motion as to the other claims. Following a hearing, on January 16, 2025, the Court granted Defendant’s motion to dismiss, with leave to refile, as to intervenor Plaintiff’s racial discrimination claim under Title VII and her claim under the Illinois Gender Violence Act, finding that she had not pled sufficient facts to support her these claims. That same day, the intervenor Plaintiff voluntarily dismissed her intervenor complaint, but the EEOC’s Title VII claim of unlawful discrimination based on sex and gender identity proceeded.

However, after President Trump was inaugurated to his second term on January 20, 2025, he issued several Executive Orders that declared the Administration's reversal on several issues relating to gender identity (EO 14201, Keeping Men out of Women's Sports; EO 14187, Protecting Children from Chemical and Surgical Mutilation, and EO 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government).  On January 28, 2025, the EEOC issued a press release, "Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace," indicating the ways in which the EEOC would implement the Executive Orders.

In response to the change in administration and federal guidance, the EEOC moved to voluntarily dismiss this case on February 14, 2025, arguing that discrimination on the basis of gender identity did not constitute sex-based discrimination in violation of Title VII. On February 18, the Court ordered that former intervenor Plaintiff had fourteen days to move to substitute as a Plaintiff in the case. This case is ongoing.

Summary Authors

Sarah Portwood (2/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68387280/parties/us-equal-employment-opportunity-commission-v-sis-bro-inc/


Judge(s)
Attorney for Plaintiff

Cohen, Ethan M.M. (Illinois)

Delozano, Jonathan (Illinois)

Dore, James M. (Illinois)

Attorney for Defendant

Cruz, Scott (Illinois)

Fechte, Katherine L. (Illinois)

show all people

Documents in the Clearinghouse

Document
1

3:24-cv-00968

Complaint

March 28, 2024

March 28, 2024

Complaint
28

3:24-cv-00968

Memorandum and Order

Equal Employment Opportunity Commission v. Sis-Bro

Aug. 16, 2024

Aug. 16, 2024

Order/Opinion

2024 WL 3845359

34

3:24-cv-00968

Complaint in Intervention of Natasha Figueroa F/K/A Rafael Santos Figueroa

Equal Employment Opportunity Commission v. Sis-Bro

Sept. 18, 2024

Sept. 18, 2024

Complaint
38

3:24-cv-00968

Notice of Voluntary Dismissal of Counts III, V, and VII of Natasha Figueroa's Complaint in Intervention

Equal Employment Opportunity Commission v. Sis-Bro

Nov. 7, 2024

Nov. 7, 2024

Pleading / Motion / Brief
52

3:24-cv-00968

Memorandum and Order

Equal Employment Opportunity Commission v. Sis-Bro

Jan. 16, 2025

Jan. 16, 2025

Order/Opinion

2025 WL 213992

63

3:24-cv-00968

Plaintiff EEOC's Motion to Dismiss EEOC Litigation

Equal Employment Opportunity Commission v. Sis-Bro

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68387280/us-equal-employment-opportunity-commission-v-sis-bro-inc/

Last updated April 21, 2025, 3:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sis-Bro, Inc., filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Delozano, Jonathan) (Entered: 03/28/2024)

1 Civil Cover Sheet

View on PACER

March 28, 2024

March 28, 2024

Clearinghouse
2

NOTICE of Appearance by Jonathan Delozano on behalf of U.S. Equal Employment Opportunity Commission (Delozano, Jonathan) (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

PACER
3

NOTICE of Appearance by Anne Gallerano on behalf of U.S. Equal Employment Opportunity Commission (Gallerano, Anne) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
4

NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: U.S. Equal Employment Opportunity Commission. A link regarding the magistrate judges in this district is attached for your convenience: https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 24-968-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/19/2024 (kdw) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
5

NOTICE REGARDING FILING re 1 Complaint filed by U.S. Equal Employment Opportunity Commission. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
6

NOTICE of Appearance by Scott Cruz on behalf of Sis-Bro, Inc. (Cruz, Scott) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
7

WAIVER OF SERVICE Returned Executed by Sis-Bro, Inc.. U.S. Equal Employment Opportunity Commission waiver sent on 3/29/2024, answer due 5/28/2024. (Cruz, Scott) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
8

Federal Rule of Civil Procedure 7.1 Disclosure Statement by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
9

NOTICE of Appearance by Katherine L. Fechte on behalf of Sis-Bro, Inc. (Fechte, Katherine) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
10

NOTICE FROM CLERK Instructing Sis-Bro, Inc. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Sis-Bro, Inc. on 4/5/2024. Consent due by 4/26/2024 (kdw) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
12

NOTICE OF MODIFICATION re 11 Notice (Other) filed by Sis-Bro, Inc. Select the event that most closely matches the document being filed. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge" under the heading "Other Filings/Other documents". Docket text modified to reflect the correct document. No further action required by the filer. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
13

NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 24-968-JPG. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
14

ORDER REFERRING CASE TO MEDIATION. Signed by Judge J. Phil Gilbert on 4/11/2024. (tag) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
15

CJRA TRACK B assigned: Final Pretrial Conference is scheduled for 4/29/2025 at 9:00 AM with a Jury Trial date of 5/12/2025 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 28 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. Joint Proposed Discovery due by 5/9/2024. (tag) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
16

NOTICE of Appearance by Ethan M.M. Cohen on behalf of U.S. Equal Employment Opportunity Commission (Cohen, Ethan) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
17

CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Gallerano, Anne) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

PACER
18

SCHEDULING AND DISCOVERY ORDER. The Joint Report of Parties is approved and entered. The Final Pretrial Conference is scheduled for 8/5/2025 at 9:00 AM with a Jury Trial date of 8/18/2025 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 3/24/2025. Dispositive Motions due by 4/23/2025. Stipulation Selecting Mediator to be filed by 6/6/2024. Mandatory Mediation Session to be completed by 2/21/2025. Mandatory Mediation Program Completion due by 4/8/2025. Signed by Judge J. Phil Gilbert on 5/17/2024. (Attachments: # 1 Joint Report)(tag) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER
19

Joint MOTION to Opt Out of Mandatory Mediation by U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
20

NOTICE REGARDING FILING re 19 Motion to Opt Out of Mandatory Mediation filed by U.S. Equal Employment Opportunity Commission. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
21

ORDER granting 19 Motion to Opt Out of Mandatory Mediation. In light of the obstacles to productive mediation set forth in the motion, the Court finds good cause in this case to allow the parties to opt out of mandatory mediation at this time. See Mandatory Mediation Plan § 2.2. Mediation deadlines set forth in the 18 Scheduling and Discovery Order are VACATED. The parties shall inform the Court if, at some time in the future, they think mediation may be productive. Signed by Judge J. Phil Gilbert on 5/24/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER

Order on Motion to Opt Out of Mandatory Mediation

May 24, 2024

May 24, 2024

PACER
22

MOTION to Dismiss for Failure to State a Claim by Sis-Bro, Inc.. (Attachments: # 1 Exhibit 1)(Cruz, Scott) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
23

RESPONSE to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by U.S. Equal Employment Opportunity Commission. (Gallerano, Anne) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER
24

First MOTION for Extension of Time to file its Reply by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
25

ORDER granting 24 Motion for Extension of Time. Reply due 7/25/24. Signed by Judge J. Phil Gilbert on 7/3/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

PACER

Order on Motion for Extension of Time

July 3, 2024

July 3, 2024

PACER
26

REPLY to 22 Response to Motion to Dismiss the Complaint and Memorandum in Support filed by Sis-Bro, Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Cruz, Scott) (Entered: 07/25/2024)

July 25, 2024

July 25, 2024

PACER
27

First MOTION for Oral Argument re 22 MOTION to Dismiss for Failure to State a Claim, 23 Response to Motion, 26 Reply by U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 08/14/2024)

Aug. 14, 2024

Aug. 14, 2024

PACER
28

MEMORANDUM AND ORDER, The Court DENIES Sis-Bro's motion to dismiss (Doc. 22) and DENIES the EEOC's motion for oral argument (Doc. 27). Signed by Judge J. Phil Gilbert on 8/15/2024. (jdh) (Entered: 08/16/2024)

Aug. 16, 2024

Aug. 16, 2024

Clearinghouse
29

MOTION to Intervene by Rafael Santos Figueroa. (Dore, James) (Entered: 08/19/2024)

Aug. 19, 2024

Aug. 19, 2024

PACER
30

Amended MOTION to Intervene by Rafael Santos Figueroa. (Dore, James) (Entered: 08/28/2024)

Aug. 28, 2024

Aug. 28, 2024

PACER
31

ORDER denying as moot 29 Motion to Intervene in light of 30 Amended Motion to Intervene. Signed by Judge J. Phil Gilbert on 8/29/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER

Order on Motion to Intervene

Aug. 29, 2024

Aug. 29, 2024

PACER
32

ANSWER to 1 Complaint and Affirmative Defenses to Plaintiff's Complaint by Sis-Bro, Inc..(Cruz, Scott) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
33

ORDER granting 30 Motion to Intervene. There being no response to the motion within the 14-day reply period established by SDIL-LR 7.1(b)(2)(A), the Court deems all parties to consent to the relief requested. SDIL-LR 7.1(a)(5). The Court therefore grants the motion to intervene as a matter of right pursuant to Federal Rule of Civil Procedure 24(a)(1) and 42 U.S.C. § 2000e-5(f)(1) ("The person... aggrieved shall have the right to intervene in a civil action brought by the Commission...."). Plaintiff-Intervenor Natasha Figueroa f/k/a Rafael Santos Figueroa shall have five days from entry of this order to electronically file her Complaint in Intervention. Signed by Judge J. Phil Gilbert on 9/17/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER

Order on Motion to Intervene

Sept. 17, 2024

Sept. 17, 2024

PACER
34

Intervenor COMPLAINT, filed by Rafael Santos Figueroa.(Dore, James) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

Clearinghouse
35

MOTION to Dismiss for Failure to State a Claim by Sis-Bro, Inc.. (Attachments: # 1 Exhibit A)(Cruz, Scott) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
36

Sis-Bro's ANSWER to 34 Intervenor Complaint and Affirmative Defenses to Count I of the Complaint in Intervention of Natasha Figueroa f/k/a Rafael Santos Figueroa by Sis-Bro, Inc..(Cruz, Scott) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
37

RESPONSE in Opposition re 35 MOTION to Dismiss for Failure to State a Claim filed by Rafael Santos Figueroa. (Dore, James) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

PACER
38

NOTICE of Voluntary Dismissal by Rafael Santos Figueroa (Dore, James) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

Clearinghouse
39

REPLY to 35 Motion to Dismiss for Failure to State a Claim SIS BROS REPLY IN SUPPORT OF ITS MOTION TO DISMISS COUNTS II THROUGH VII IN THE COMPLAINT IN INTERVENTION OF PLAINTIFF NATASHA FIGUEROA F/K/A RAFAEL SANTOS FIGUEROA filed by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
40

MOTION to Quash Defendant's Subpoena to Figueroa's Current Employer and For Protective Order by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Subpoena, # 2 Exhibit LR 26.1(C)(3) Certification)(Delozano, Jonathan) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
41

ORDER re 40 Motion to Quash. The Court temporarily STAYS the deadline for the Union Club Hotel at Purdue University to respond to the subpoena issued by defendant Sis-Bro, Inc. and ORDERS that it should not respond to the subpoena until the resolution of the pending motion to quash. The Court ORDERS Sis-Bro to inform the Union Club Hotel of this order and DIRECTS the Clerk of Court to send a copy of this order to the Union Club Hotel at Purdue University - Marriott Bonvoy Boutiques, LLC, c/o Corporate Service Company - 135 North Pennsylvania Street, Suite 1610, Indianapolis, IN, 46204. The Court will set the pending motion for a hearing by separate order. Signed by Judge J. Phil Gilbert on 11/21/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER

Order on Motion to Quash

Nov. 21, 2024

Nov. 21, 2024

PACER
42

NOTICE of HEARING REGARDING 40 MOTION to Quash Defendant's Subpoena to Figueroa's Current Employer and For Protective Order. The Motion Hearing is scheduled for 12/12/2024 at 9:00 AM via Telephone Conference before Judge J. Phil Gilbert. Instructions for joining the conference call are as follows: Call in number 571-353-2301; when prompted enter Guest ID 966645654. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
43

RESPONSE to Motion re 40 MOTION to Quash Defendant's Subpoena to Figueroa's Current Employer and For Protective Order filed by Sis-Bro, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Cruz, Scott) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

PACER
44

EXHIBIT by U.S. Equal Employment Opportunity Commission. Exhibit to 40 Motion to Quash, Supplementing Dkt. 43-12 for Completeness. (Attachments: # 1 Exhibit Exhibit supplementing Dkt. 43-12)(Delozano, Jonathan) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
45

EXHIBIT by Sis-Bro, Inc.. Exhibit to 43 Response to Motion, Defendant Sis-Bro's Supplement to its Response to Plaintiff EEOC's Motion for Protective Order and Motion to Quash Directed at Natasha Figueroa's Current Employer Dkt. 43. (Attachments: # 1 Exhibit 14)(Cruz, Scott) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
46

Minute Entry for proceedings held before Judge J. Phil Gilbert: Motion Hearing held on 12/12/2024 regarding 40 MOTION for Protective Order and to Quash Subpoena. After hearing arguments, the Court continues the Motion Hearing to 1/16/2025 at 11:00 AM in Benton Courthouse before Judge J. Phil Gilbert. All parties are directed to appear in person including Intervenor Plaintiff Natasha Figueroa. (Court Reporter Saralyn Hicks Britt.) (tag) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
47

NOTICE RESCHEDULING HEARING. Due to a scheduling conflict, Plaintiff's 40 MOTION to Quash Defendant's Subpoena to Figueroa's Current Employer and For Protective Order. Motion Hearing is rescheduled for 1/21/2025 at 11:00 AM in Benton Courthouse before Judge J. Phil Gilbert. All parties are directed to appear in person including Intervenor Plaintiff Natasha Figueroa. This matter is STRICKEN from the 1/16/2025 docket.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/18/2024)

Dec. 18, 2024

Dec. 18, 2024

PACER
48

MOTION for Partial Summary Judgment as to the availability of backpay, frontpay and reinstatement damages by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

PACER
49

MEMORANDUM in Support re 48 MOTION for Partial Summary Judgment as to the availability of backpay, frontpay and reinstatement damages filed by Sis-Bro, Inc.. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(Cruz, Scott) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

PACER
50

MEMORANDUM in Support re 48 MOTION for Partial Summary Judgment as to the availability of backpay, frontpay and reinstatement damages Defendant's Statement of Uncontroverted Material Facts in Support of its Motion for Partial SJ filed by Sis-Bro, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cruz, Scott) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

PACER
51

Transcript of Motion Hearing held on 12/12/2024, before Judge Phil J. Gilbert. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at https://www.ilsd.uscourts.gov/sites/ilsd/files/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2025. Redacted Transcript Deadline set for 2/14/2025. Release of Transcript Restriction set for 4/14/2025. (sehb) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
52

MEMORANDUM AND ORDER, granting 35 MOTION to Dismiss for Failure to State a Claim filed by Sis-Bro, Inc. Signed by Judge J. Phil Gilbert on 1/16/2024. (jdh) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

Clearinghouse
53

First MOTION to Appear Pro Hac Vice by Attorney Daniel Schlade $200 fee paid,receipt number AILSDC-5567555 by on behalf of Rafael Santos Figueroa. (Schlade, Daniel) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
54

MOTION To Attend January 21, 2025 hearing Telephonically by Rafael Santos Figueroa. (Schlade, Daniel) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
55

STIPULATION of Dismissal by Rafael Santos Figueroa. (Schlade, Daniel) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
56

MOTION to Strike Hearing set for January 21, 2025 by U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
57

ORDER granting 53 Motion to Appear Pro Hac Vice by Attorney Schlade, on behalf of Rafael Santos Figueroa.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

Order

Jan. 17, 2025

Jan. 17, 2025

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 17, 2025

Jan. 17, 2025

PACER

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

Jan. 17, 2025

Jan. 17, 2025

PACER
58

ORDER re 55 Stipulation of Dismissal filed by Rafael Santos Figueroa pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) signed by all parties who have appeared in the action in intervention. Rule 41(a)(1)(A)(ii) allows dismissal by a plaintiff without a court order by filing such a stipulation. Therefore, the Court finds that all remaining claims (Count I) pled in the Complaint in Intervention against defendant Sis-Bro Inc. are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 1/17/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
59

ORDER GRANTING 56 MOTION to CONTINUE HEARING filed by U.S. Equal Employment Opportunity Commission AND FINDING AS MOOT 54 MOTION To Attend appear telephonically filed by Rafael Santos Figueroa. The Motion Hearing Regarding 40 MOTION to Quash Defendant's Subpoena to Figueroa's Current Employer and For Protective Order is hereby continued to 2/20/2025 at 10:30 AM in Benton Courthouse before Judge J. Phil Gilbert. All parties are directed to appear in person including Natasha Figueroa. Signed by Judge J. Phil Gilbert on 1/17/2025. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
60

First MOTION to Stay Litigation for 30 Days by U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

RECAP

Order on Motion to Stay

Jan. 31, 2025

Jan. 31, 2025

PACER

Set/Reset Deadlines

Jan. 31, 2025

Jan. 31, 2025

PACER
61

ORDER granting 60 Motion to Stay Litigation for 30 days. The Court hereby STAYS litigation in this matter for 30 days, extends all deadlines currently set in this matter by 30 days, and will reschedule the Hearing on 40 EEOC's Motion to Quash Defendant's Subpoena to a date following the expiration of the Stay. Final Pretrial Conference continued to 9/11/25; Trial continued to 9/29/25. Signed by Judge J. Phil Gilbert on 1/31/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER

Deadlines extended pursuant to doc. 61 . Discovery due by 4/23/2025 and Dispositive Motions due by 5/23/2025. (tag)

Jan. 31, 2025

Jan. 31, 2025

PACER
62

NOTICE OF CANCELLATION OF HEARING. The Motion Hearing scheduled for February 20, 2025 is hereby CANCELLED and will be rescheduled by separate notice after the 30 day stay is lifted, if necessary. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
63

MOTION to Dismiss by U.S. Equal Employment Opportunity Commission. (Cohen, Ethan) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
64

ORDER re 63 Motion to Dismiss. The Court LIFTS the stay of this case. Defendant Sis-Bro and former intervenor Rafael Santos Figueroa a/k/a Natasha Figueroa shall have 14 days from entry of this order to respond to the plaintiff EEOC's motion to dismiss. Figueroa may file with her response a motion seeking substitution as a plaintiff in this case. The Clerk's Office shall ensure Figueroa is served with this text order even though she is no longer an active party to this case. Signed by Judge J. Phil Gilbert on 2/18/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

PACER

Order on Motion to Dismiss

Feb. 18, 2025

Feb. 18, 2025

PACER
65

RESPONSE to 63 Motion to Dismiss EEOC Litigation filed by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

PACER
66

STATUS REPORT Re: EEOC's Motion to Dismiss (Dkt. 63) by U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

RECAP
67

ORDER re 66 Status Report filed by U.S. Equal Employment Opportunity Commission. Former intervenor Rafael Santos Figueroa a/k/a Natasha Figueroa shall have 14 additional days from entry of this order to respond to the plaintiff EEOC's 63 MOTION to Dismiss.. Figueroa may file with her response a motion seeking substitution as a plaintiff in this case. The Clerk's Office shall ensure Figueroa is served with this text order even though she is no longer an active party to this case. Signed by Judge J. Phil Gilbert on 3/5/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER

Order

March 5, 2025

March 5, 2025

PACER
68

RESPONSE to 63 Motion to Dismiss Supplemental filed by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
69

MOTION to Intervene by Rafael Santos Figueroa. (Swatosh, Sarah) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
70

RESPONSE in Opposition re 63 MOTION to Dismiss filed by Rafael Santos Figueroa. (Swatosh, Sarah) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
71

MOTION to Dismiss Natasha Figueroa's Motion to Intervene as Named Plaintiff and Opposition to the Relief Figueroa Seeks in Her Response in Opposition to the EEOC's Mtn to Dismiss by Sis-Bro, Inc.. (Cruz, Scott) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
72

MOTION to Appear Pro Hac Vice by Attorney Hayden Green DePorter $200 fee paid,receipt number AILSDC-5612845 by on behalf of Rafael Santos Figueroa. (DePorter, Hayden) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER
73

MOTION to Appear Pro Hac Vice by Attorney Adam Murdoch-Kitt Harrison $200 fee paid,receipt number AILSDC-5612846 by on behalf of Rafael Santos Figueroa. (Harrison, Adam) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER
74

MOTION to Appear Pro Hac Vice by Attorney Cynthia Jeannet Sanchez $200 fee paid,receipt number AILSDC-5612847 by on behalf of Rafael Santos Figueroa. (Sanchez, Cynthia) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER

Order on Motion to Appear Pro Hac Vice

March 21, 2025

March 21, 2025

PACER

Order on Motion to Intervene

March 24, 2025

March 24, 2025

PACER
79

For Order

April 8, 2025

April 8, 2025

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Transgender Rights)

Key Dates

Filing Date: March 28, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Equal Employment Opportunity Commission

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sis-Bro Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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

Available 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:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination Basis:

Gender identity

Sex discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Sex/Gender(s):

Transgender

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

LGBTQ+:

LGBTQ+