Case: EEOC v. RT TAMPA FRANCHISE LP (D/B/A RUBY TUESDAY)

2:04-cv-00484 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 27, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the Miami District Office of the EEOC filed this suit against RT Tampa Franchise, L.P., d/b/a Ruby Tuesday, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the charging party, a female employee, was subjected to sexual harassment by her supervisor, consisting of unwelcome touching and offensive sexual comments. In addi…

In September 2004, the Miami District Office of the EEOC filed this suit against RT Tampa Franchise, L.P., d/b/a Ruby Tuesday, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the charging party, a female employee, was subjected to sexual harassment by her supervisor, consisting of unwelcome touching and offensive sexual comments. In addition, the defendant retaliated against the charging party in response to her complaints of the sexually hostile work environment by disciplining her which resulted in her constructive discharge. The charging party intervened in the suit in November 2004. After some discovery, the parties participated in mediation, and they reached a settlement through a consent decree in August 2005.

The three-year decree contained non-discrimination and non-retaliation clauses, and it required the defendant to pay the charging party $150,000 and provide her with a neutral reference. In addition, the defendant agreed to: distribute its anti-discrimination policy to its employees, provide annual Title VII training for managerial employees, post a Title VII notice, annually report to the EEOC, and expunge the charging party's employment record of all references to the charges of discrimination. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (6/13/2007)

Documents in the Clearinghouse

Document

2:04-cv-00484

Docket

EEOC v. RT Tampa Franchise LP

Aug. 16, 2005

Aug. 16, 2005

Docket
1

2:04-cv-00484

Complaint

EEOC v. RT Tampa Franchise LP

Sept. 27, 2004

Sept. 27, 2004

Complaint
15

2:04-cv-00484

Intervenor's Complaint

EEOC v. RT Tampa Franchise LP

Nov. 29, 2004

Nov. 29, 2004

Complaint
25

2:04-cv-00484

Amended Intervenor's Complaint

EEOC v. RT Tampa Franchise LP

Jan. 10, 2005

Jan. 10, 2005

Complaint
36

2:04-cv-00484

Order [Regarding Plaintiff's Motion to Quash or Modify Subpoena and for Protective Order]

EEOC v. RT Tampa Franchise LP

April 19, 2005

April 19, 2005

Order/Opinion
42

2:04-cv-00484

Consent Decree

EEOC v. RT Tampa Franchise LP

Aug. 2, 2005

Aug. 2, 2005

Settlement Agreement
47

2:04-cv-00484

Order [Stipulation of Dismissal of Outstanding Claims by Plaintiff Intervenor]

EEOC v. RT Tampa Franchise LP

Aug. 15, 2005

Aug. 15, 2005

Order/Opinion

Resources

Docket

Last updated July 19, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against RT Tampa Franchise, L.P.; Jury Demand, filed by United States Equal Employment Opportunity Commission.(drn) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

2

Summons issued as to RT Tampa Franchise, L.P. (drn) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

3

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 Notice of pendency of other actions due by 10/8/2004 Signed by Judge John E. Steele on 9/27/2004. (BJH ) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

4

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/8/2004 Signed by Judge John E. Steele on 9/27/2004. (BJH ) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

5

NOTICE of pendency of other actions re 3 order of compliance to Local Rule by United States Equal Employment Opportunity Commission Related case(s): No (Cooper, Cheryl) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

6

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by United States Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

7

RETURN of service executed on 10/15/04 by United States Equal Employment Opportunity Commission as to RT Tampa Franchise, L.P.. (slu, ) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

9

Signed ANSWER to complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

10

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/15/2004 for RT Tampa Franchise, L.P.. Signed by Judge John E. Steele on 11/3/2004. (slu, ) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

11

CERTIFICATE of interested persons and corporate disclosure statement by RT Tampa Franchise, L.P.. (Bell, Cathleen) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

12

NOTICE of pendency of other actions re order of compliance to Local Rule by RT Tampa Franchise, L.P. Related case(s): No (Bell, Cathleen) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

13

UNOPPOSED MOTION to intervene and incorporated memorandum of law by Amanda Roenigk. (kma) (Entered: 11/26/2004)

Nov. 23, 2004

Nov. 23, 2004

14

ORDER granting 13 Motion to Intervene. Ms. Roenigk shall file her Complaint within 11 days from the date of the Order. See Order for details. Signed by Judge Douglas N. Frazier on 11/29/2004. (brh) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

15

INTERVENOR'S COMPLAINT , filed by Amanda Roenigk. Jury Trial Demanded and Injunctive Relief Sought.(slu, ) (Entered: 12/01/2004)

Nov. 29, 2004

Nov. 29, 2004

16

DEMAND for trial by Jury by Amanda Roenigk. (slu, ) (Entered: 12/01/2004)

Nov. 29, 2004

Nov. 29, 2004

17

NOTICE of pendency of other actions re order of compliance to Local Rule by Amanda Roenigk Related case(s): no (slu, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

18

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Amanda Roenigk. (slu, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

19

INTERVENOR'S COMPLAINT , filed by Amanda Roenigk. Jury Trial Demanded and Injunctive Relief Sought.(slu, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

20

CASE MANAGEMENT REPORT. (Cooper, Cheryl) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

21

MOTION to dismiss Intervenor's Claims In Count V For Negligent Hiring For Failure to State A Claim by RT Tampa Franchise, L.P.. (Bell, Cathleen) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

22

Defenses and ANSWER to intervenor complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

24

ORDER granting 23 Stipulation, granting 21 Motion to dismiss. The Intervenor may file an Amended Complaint within 10 days of this Order. Signed by Judge John E. Steele on 1/4/2005. (RKM) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

25

AMENDED COMPLAINT against all defendants, filed by Amanda Roenigk.(Webb, Dennis) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

26

Defendant's ANSWER to amended complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

27

CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 10/17/2005 09:00 AM in Courtroom A before Judge John E. Steele. Jury Trial set for trial term 11/7/2005 before Judge John E. Steele. (See Order for further deadlines). Signed by Judge Douglas N. Frazier on 1/18/2005. (BJH, ) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

28

NOTICE by United States Equal Employment Opportunity Commission of Designation for Receipt of Service Via CM/ECF System (Cooper, Cheryl) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

29

NOTICE by United States Equal Employment Opportunity Commission of Mediation Schedule (Cooper, Cheryl) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

30

Unopposed MOTION for leave to file Amended Answer and Defenses to Complaint and Amended Answer and Defenses to Intervenor's Complaint by RT Tampa Franchise, L.P.. (Attachments: # 1 Exhibit Exhbiit "A"# 2 Exhibit Exhibit "B")(Bell, Cathleen) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

31

ORDER granting 30 Unopposed motion for leave to file amended answer and defenses to complaint and amended answer and defenses to intervenor's complaint. Within 5 days, the Defendant shall filed its Amended Answers. Signed by Judge Douglas N. Frazier on 3/21/2005. (brh) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

32

Defendant's Amended ANSWER to complaint and Defenses to EEOC's Complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

33

Defendant's Amended ANSWER to intervenor complaint and Defenses to Intervenor's Amended Complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

34

MOTION to quash or Modify Subpoena and for Protective Order by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - E# 2 Exhibit F - G# 3 Exhibit H# 4 Exhibit I# 5 Exhibit J)(Cooper, Cheryl) Modified on 3/24/2005 (slu). ERROR - TWO-PART DOCUMENT; COUNSEL NOTIFIED (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

35

RESPONSE to motion re 34 MOTION to quash or Modify Subpoena and for Protective Order filed by RT Tampa Franchise, L.P.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Baggett, Lori) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

36

ORDER granting 34 Motion to quash or modify subpoena and for protective order. See Order for details. Signed by Judge Douglas N. Frazier on 4/19/2005. (brh) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

37

NOTICE of Appearance by Geralyn M. Passaro on behalf of RT Tampa Franchise, L.P., RT Tampa Franchise, L.P. (slu) (Entered: 05/10/2005)

May 9, 2005

May 9, 2005

38

MEDIATION REPORT Hearing held on June 9, 2005 Hearing outcome: Majority Agreement(Cooper, Cheryl) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

39

ORDER directing administrative closure for a period of 30 days. The Clerk shall terminate all pending motions and deadlines as moot in light of the administrative closure. Signed by Judge John E. Steele on 6/17/2005. (RKM) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

40

Joint MOTION for Extension of Time to File Consent Decree by United States Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

41

ORDER granting 40 Motion for Extension of Time to File and the administrative closure is extended until August 2, 2005. Signed by Judge John E. Steele on 7/15/2005. (RKM) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

42

CONSENT DECREE by United States Equal Employment Opportunity Commission, Amanda Roenigk, RT Tampa Franchise, L.P.. (Cooper, Cheryl) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

43

ORDER vacating 41 Order administratively dismissing case, accepting and approving 42 Consent Decree filed by United States Equal Employment Opportunity Commission, RT Tampa Franchise, L.P., and Amanda Roenigk which will be entered contemporaneously to the entry of this Order. The Clerk shall enter Judgment adopting the Consent Decree by attaching a copy of the Consent Decree to said Judgment. The Clerk shall further terminate all deadlines and motions as moot in anticipation of a final resolution of the case. The case shall remain open pending submission of a stipulation regarding the Intervenor's outstanding claims. Signed by Judge John E. Steele on 8/3/2005. (RKM) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

44

ENDORSED CONSENT DECREE pursuant to 43 Order.Signed by Judge John E. Steele on 8/3/2005. (RKM) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

45

JUDGMENT in favor of United States Equal Employment Opportunity Commission and Amanda Roenigk against RT Tampa Franchise, L.P. (Signed by Deputy Clerk) (Attachments: # 1 Exhibit Consent Decree) (slu) (Entered: 08/04/2005)

Aug. 3, 2005

Aug. 3, 2005

46

STIPULATION of Dismissal with prejudice by Amanda Roenigk. (Gunter, Jason) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

48

JUDGMENT in favor of RT Tampa Franchise, L.P. and Amanda Roenigk (Signed by Deputy Clerk) (slu) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 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

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

RT Tampa Franchise, L.P. (Fort Meyers, FL), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 150000

Order Duration: 2005 - 2008

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit