Case: EEOC v. MONK'S INC., d/b/a INTERNATIONAL HOUSE OF PANCAKES

1:99-cv-00114 | U.S. District Court for the District of New Mexico

Filed Date: Feb. 3, 1999

Closed Date: May 9, 2000

Clearinghouse coding complete

Case Summary

The EEOC's Albuquerque district office sued Monk's, Inc., the owner of the International House of Pancakes chain of restaurants, on February 3, 1999 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that Monk's violated the Americans with Disabilities Act when it discriminated against an employee with a physical disability (diabetes) when it failed to reasonably accommodate the employee and terminated him. The parties entered into a consent decree on May 9, 2000, which stipulated that Monk's would pay the defendant $11,000 in damages, post a notice of EEO rights in its Las Cruces restaurant, provide EEO training for its managers and supervisors, and allow the EEOC to ensure compliance with the consent decree both through annual reports from the defendant and entering the defendant's restaurant.

Summary Authors

Aaron Weismann (6/11/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11096941/parties/eeoc-v-monks-inc/


Judge(s)

Black, Bruce D. (New Mexico)

Attorney for Plaintiff

Medina, Loretta F (New Mexico)

Molina, Veronica A (New Mexico)

Reams, Gwendolyn Young (New Mexico)

Attorney for Defendant

Dolan, Daniel A. (New Mexico)

Documents in the Clearinghouse

Documents in this case

1:99-cv-00114

Docket (PACER)

EEOC v. Monk's Inc.

May 9, 2000

May 9, 2000

Docket
1

1:99-cv-00114

Complaint

Equal Employment Opportunity Commission v. Monk's Inc., d/b/a International House of Pancakes

Feb. 3, 1999

Feb. 3, 1999

Complaint
25

1:99-cv-00114

Consent Decree

Equal Employment Opportunity Commission v. Monk's Inc., d/b/a International House of Pancakes

May 9, 2000

May 9, 2000

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11096941/eeoc-v-monks-inc/

Last updated Nov. 3, 2026, 5:16 p.m.

Docket for: EEOC v. Monk's Inc.
ECF Number Date Description Link
1 Feb. 3, 1999

COMPLAINT (1 Summons(es) issued) (referred to Chief Magistrate William Deaton) (vv) (Entered: 02/04/1999)

RECAP
2 Feb. 17, 1999

RETURN OF SERVICE executed upon defendant Monk's Inc., on 2/9/99 (sl) (Entered: 02/18/1999)

RECAP
3 Feb. 25, 1999

ENTRY OF APPEARANCE for defendant Monk's Inc., by Daniel A. Dolan (rg) (Entered: 03/02/1999)

RECAP
4 Feb. 25, 1999

MOTION by deft Monk's Inc., to extend time until 3/22/99 to file answer (rg) (Entered: 03/02/1999)

RECAP
5 March 2, 1999

ORDER by Chief Magistrate William Deaton granting deft's motion to extend time until 3/22/99 to file answer [4-1] (cc: all counsel) (sl) (Entered: 03/02/1999)

RECAP
6 March 19, 1999

ANSWER, with affirmative defenses, by deft Monk's Inc, [1-1] (rg) (Entered: 03/19/1999)

RECAP
7 April 1, 1999

NOTICE by deft Monk's Inc, of filing bankruptcy (rg) (Entered: 04/01/1999)

RECAP
8 April 6, 1999

ORDER by Chief Magistrate William Deaton staying all proceedings until automatic stay in deft's bankruptcy proceedings is modified to permit this case to go forward (cc: all counsel, electronic mailing) (sl) (Entered: 04/06/1999)

RECAP
9 May 19, 1999

MOTION by plaintiff EEOC for reconsideration of Court's order of stay (sl) (Entered: 05/19/1999)

RECAP
10 May 19, 1999

MEMORANDUM by plaintiff in support of motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

RECAP
11 May 19, 1999

RESPONSE by defendant to pltf's motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

RECAP
12 May 19, 1999

MEMORANDUM (objection) by defendant in opposition to pltf's motion for reconsideration of Court's order of stay reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

RECAP
13 May 19, 1999

REPLY by plaintiff to deft's response to motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

RECAP
14 May 24, 1999

ORDER by Chief Magistrate William Deaton denying EEOC's motion for reconsideration of Court's order of stay [9-1] (cc: all counsel, electronic mailing) (sl) (Entered: 05/24/1999)

RECAP
15 June 2, 1999

ORDER by Chief Magistrate William Deaton terminating case referral to Chief Magistrate William Deaton, Case to Magistrate Judge Karen B. Molzen (cc: all counsel) (pg) (Entered: 06/03/1999)

RECAP
16 June 9, 1999

MOTION (objection) by plaintiff for reconsideration of order denying pltf's motion requesting reconsideration of Court's order of stay (sl) (Entered: 06/10/1999)

RECAP
17 June 9, 1999

MEMORANDUM by plaintiff in support of motion (objection) for reconsideration of order denying pltf's motion requesting reconsideration of Court's order of stay [16-1] (sl) (Entered: 06/10/1999)

RECAP
18 Dec. 17, 1999

INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference set for 2/1/00; provisional discovery plan and IPTR due on 1/25/00 (cc: all counsel*) (sl) (Entered: 12/17/1999)

RECAP
19 Dec. 17, 1999

ORDER by Magistrate Judge Karen B. Molzen lifting stay of proceedings for case to proceed to discovery (cc: all counsel*) (sl) (Entered: 12/17/1999)

RECAP
20 Dec. 20, 1999

NOTICE of hearing by the Clerk of Court before Magistrate Judge Karen B. Molzen ; Rule 16 scheduling conference set for 2/1/00 at 1:30 pm (cc: all counsel*) (sl) (Entered: 12/20/1999)

RECAP
21 Jan. 19, 2000

NOTICE of hearing before Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference reset for 2/10/00 at 2:00 pm; provisional discovery plan and IPTR due by 2/3/00 (cc: all counsel*) (sl) (Entered: 01/19/2000)

RECAP
22 Jan. 19, 2000

SUBSTITUTION OF COUNSEL: terminating attorney Mary Jo O'Neill for EEOC and substituting attorney C Emanuel Smith (sl) Modified on 01/21/2000 (Entered: 01/19/2000)

RECAP
23 Jan. 19, 2000

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 01/19/2000)

RECAP
24 Feb. 10, 2000

CLERK'S MINUTES: Rule 16 Scheduling Conference continued before Magistrate Judge Karen B. Molzen; Clerk: M Garcia (former employee) Modified on 03/28/2000 (Entered: 02/10/2000)

RECAP
25 May 9, 2000

ORDER by Judge Bruce D. Black of consent decree as described herein (cc: all counsel) (sl) (Entered: 05/09/2000)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 3, 1999

Closing Date: May 9, 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

Private Entity/Person

Monk's, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

District of New Mexico 1:99-cv-00114

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 11000

Order Duration: 2000 - 2003

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation