Case: EEOC v. DEN-CAL NORTH (D/B/A DENNY'S RESTAURANT)

2:99-cv-01923 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 30, 1999

Closed Date: 2000

Clearinghouse coding complete

Case Summary

The EEOC's San Francisco district office sued Den-Cal North, d/b/a Denny's Restaurant, Inc., on September 30, 1999 in the U.S. District Court for the Eastern District of California. The EEOC's complaint is unavailable, however the EEOC's causes of action are contained within the consent decree. The EEOC alleged that Den-Cal violated Title VII when it discriminated against three of its employees based on sex (female) by creating a hostile work environment, retaliating against two of its employees and constructively discharging one employee. The parties entered into the consent decree on November 20, 2000 which stipulated that Den-Cal would pay two of the aggrieved employees $70,000 each and the third employee $10,000; and implement training policies concerning sexual harassment and revise general policies of discrimination.

Summary Authors

Aaron Weismann (6/6/2007)

Documents in the Clearinghouse

Document

2:99-cv-01923

Docket

EEOC v. Den-Cal North, et al

Nov. 20, 2000

Nov. 20, 2000

Docket
21

2:99-cv-01923

Consent Decree

EEOC v. Den-Cal North, et al

Nov. 20, 2000

Nov. 20, 2000

Settlement Agreement

Resources

Docket

Last updated Aug. 31, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for employment discrimination; jury demand, fee status waived, assigned to Honorable David F. Levi referred to Magistrate Judge Peter A. Nowinski (old) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

2

INITIAL ORDER by Honorable David F. Levi informing the parties on the procedure to follow in pursuing this action (old) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

3

DISCOVERY ORDER by Magistrate Judge Peter A. Nowinski informing the parties on the procedure to follow in pursuing discovery in this action (old) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

4

PROOF OF SERVICE by plaintiff EEOC of waiver of service of cummons and complaint (old) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

5

JOINT STATUS REPORT submitted by defendant Den-Cal North (old) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

6

RECEIPT of $80.00 by Daniel R Stern Receipt # 195746 (pro hac vice application) (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

LODGED pro hac vice application of Daniel R Stern for defendants (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

7

ANSWER by defendants Den-Cal North and Den-Cal West (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

9

DECLARATION of Robert d Kilgor in support of his pro hac vice application [8-1] (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

10

DECLARATION of Daniel R Stern in support of his pro hac vice application for defendants [8-1] (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

11

DECLARATION of Lauren R Wood in support of his pro hac vice application for defendants [8-1] (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

12

DECLARATION of Jennifer Brown Shaw in support of pro hac vice applications of Robert d Kilgore, Daniel R Stern and Lauren R Wood [8- 1] (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

13

PROOF OF SERVICE by defendants of answer to complaint, pro hac vice applications and declarations (old) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

8

APPLICATION by defendants Den-Cal North and Den-Cal West for pro hac vice of Robert D Kilgore, Daniel R Stern and Lauren R Wood (old) (Entered: 12/21/1999)

Dec. 21, 1999

Dec. 21, 1999

14

ORDER by Honorable David F. Levi ORDERING: That Robert D Kilgore, Daniel R Stern and Lauren R Wood be permitted to appear pro hac vice on behalf of defendants (cc: all counsel) (old) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

15

STATUS ORDER by Honorable David F. Levi ORDERING pretrial conference set for 2:00 3/16/01, trial set for 9:00 4/23/01, designation of expert witnesses set for 10/6/00, motion filing ddl set for 1/12/01 and hearing on motions set for 9:00 2/9/01, discovery ddl set for 12/1/00 (cc: all counsel) (dd) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

16

NOTICE by plaintiff EEOC regarding the change of address of their attorney (old) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

17

COURT LETTER from Joyce Del Pero Mary L Grad appointed as Evaluator, ENE follow up session set for 7/27/00 ; (cc: all counsel) (old) (Entered: 03/29/2000)

March 27, 2000

March 27, 2000

18

COURT LETTER from evaluator Mary L. Grad parties to meet for evaluation on 10:00 6/20/00 (cc: all counsel) (old) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

19

NOTICE of ENE results by Mary L Grad case is settled (old) (Entered: 06/26/2000)

June 26, 2000

June 26, 2000

20

ORDER re Disposition after Notification of Settlement by Honorable David F. Levi ORDERING that this action has been settled and that documents disposing of the case will be filed no later than 11/20/00; counsel to file settlement/dismissal documents no later than 11/20/00; Scheduling order re: pretrial conference set for 2:00 3/16/01, trial set for 4/23/01, designation of expert witnesses set for 10/6/00, motion filing ddl set for 1/12/01 and hearing on motions for 9:00 2/9/01, discovery ddl set for 12/1/00 are [15-1] VACATED (cc: all counsel) (old) (Entered: 10/27/2000)

Oct. 26, 2000

Oct. 26, 2000

21

CONSENT JUDGMENT by Honorable David F. Levi in settlement of the EEOC's claims under Title VII; Denny's agrees to pay the sum total of $150,000 to Patricia Corey, Kimberly Sanchez and Judith Ries; within 6 months of the effective date of this agreement Denny's will complete the following steps with regard to its training policies, program and procedures; within 20 days after the training session Denny's will confirm with the Commission that the training was conducted; this court shall retain jurisdiction over this action for the purposes of enforcing the provisions of this consent decree; the terms of this consent decree shall expire 3 years after the effective date of this consent decree; CASE DISMISSED (cc: all counsel) (ljr) (Entered: 11/20/2000)

Nov. 20, 2000

Nov. 20, 2000

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: 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

Den-Cal West, Private Entity/Person

Den-Cal North, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 150000

Order Duration: 2000 - 2003

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits