Case: EEOC v. Asher Investments (d/b/a Bistro A)

3:01-cv-01113 | U.S. District Court for the Northern District of Texas

Filed Date: June 12, 2001

Closed Date: May 12, 2006

Clearinghouse coding complete

Case Summary

In June 2001, the Dallas office of the EEOC brought this Title VII suit against Asher Investments d/b/a Bistro A in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant subjected the claimant to a sexual harassment because of her sex and discharged her in retaliation of her complaint of harassment. The case settled by entry of a consent decree in May 2003.

The three year consent decree required the defendant to pay the claimant $4,500, notify the EEOC of any current entities that it has, refrain from discrimination and retaliation, post notice, distribute its anti-discrimination policy, providing two hour one time training for all employees (and training for employees who do not receive training in year one), and change its complaint procedure to reflect that all complaints go to an independent person.

Summary Authors

Kevin Wilemon (6/16/2007)

Documents in the Clearinghouse

Document

3:01-cv-01113

Docket (PACER)

EEOC v. Asher Investments

May 12, 2003

May 12, 2003

Docket
1

3:01-cv-01113

Complaint

Equal Employment Opportunity Commission v. Asher Investments, Inc. dba Bistro A

June 12, 2001

June 12, 2001

Complaint
30

3:01-cv-01113

Consent Decree

Equal Employment Opportunity Commission v. Asher Investments, Inc. dba Bistro A

May 12, 2003

May 12, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (5) (djd) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

1

DEMAND for jury trial by plaintiff EEOC (djd) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

2

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

3

SUMMONS(ES) issued for defendant Asher Investments (issued 1) (djd) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

4

ANSWER to Complaint by defendant Asher Investments (Attorney Joel W Reese) and Jury Demand (3) (djd) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

5

ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 8/20/01 ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 7/20/01 Page(s): 3 (djd) (Entered: 07/20/2001)

July 20, 2001

July 20, 2001

6

Joint PROPOSAL FOR CONTENTS of scheduling and discovery order by defendant Asher Investments, plaintiff EEOC (3) (djd) (Entered: 08/17/2001)

Aug. 16, 2001

Aug. 16, 2001

7

SCHEDULING ORDER setting Joining of Parties on 1/1/02 ; Amending of Pleadings on 9/1/02 ; Discovery cutoff 9/1/02 ; Deadline for filing of dispositive motions 10/1/02 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 08/20/01 Page(s): 3 (cxj) (Entered: 08/20/2001)

Aug. 17, 2001

Aug. 17, 2001

8

RETURN OF SERVICE executed as to defendant Asher Investments 6/26/01 via personal service to registered agent. Answer due on 7/16/01 for Asher Investments. (mlh) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

9

TRIAL SETTING ORDER set docket call for 4/21/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 1/10/02 Page(s) 5 (djd) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

10

Unopposed MOTION by defendant to substitute Jason Michael Willett of Hinds & Willett for Joel W. Reese of Winstead Schrest & Minick P.C. (2) (djd) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

11

ORDER granting [10-1] motion to substitute Jason Michael Willett of Hinds & Willett for Joel W. Reese of Winstead Schrest & Minick P.C. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 5/29/02 Page(s) 1 (djd) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

12

ORDER REASSIGNING CASE/SPECIAL ORDER NO. 3-209 Effective 8/12/02, the cases listed on Exhibit A attached to this Order are transferred from the docket of Honorable Sidney A. Fitzwater to the docket of Honorable David C. Godbey and shall henceforth carry the suffix letter "N". The clerk of court will notify counsel by providing to each counsel a copy of this Order with attached exhibit. (Signed by Chief Judge A. Joe Fish) Copies to counsel: 8/13/02 Page(s) 2 (djd) Modified on 08/13/2002 (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

13

UNOPPOSED MOTION by plaintiff EEOC to extend discovery cut-off for a limited purpose (2) (aat) (Entered: 08/30/2002)

Aug. 29, 2002

Aug. 29, 2002

14

JOINT STATUS REPORT by defendant Asher Investments, plaintiff EEOC (2) (aat) (Entered: 08/30/2002)

Aug. 29, 2002

Aug. 29, 2002

15

ORDER granting plaintiff's [13-1] motion to extend discovery cut-off for a limited purpose. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/4/02 Page(s) 1 (aat) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

16

ORDER REGARDING TRANSITION All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report no later than 14 days after the date of this order. See order for specifics. (Signed by Judge David C. Godbey) Copies to counsel: 10/1/02. Pages: 4 (aat) (Entered: 10/01/2002)

Sept. 30, 2002

Sept. 30, 2002

17

JOINT STATUS REPORT by defendant Asher Investments, plaintiff EEOC (11) (Attachment not imaged) (aat) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

18

Pretrial Disclosures pursuant to FRCP 26(a)(3)/Witness List by Equal Employment Opportunity Commission. (jrb, ) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

Pretrial Disclosures pursuant to FRCP 26(a)(3)/Exhibit List by Equal Employment Opportunity Commission. (jrb, ) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

19

PRETRIAL DISCLOSURES PURSUANT TO FRCP 26(a)(3) (Witness List, deposition desginations, exhibit list) by Asher Investments, Inc. (aat, ) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

20

OBJECTIONS re Deposition and Exhibit List filed by Asher Investments, Inc.. (aat, ) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

21

OBJECTIONS re 19 pretrial disclosures pursuant to FRCP 26(a)(3), filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

22

SUPPLEMENTAL PRETRIAL DISCLOSURES pursuant to FRCP 26(a)(3)/Exhibit List by Equal Employment Opportunity Commission. (aat, ) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

23

Witness List by Equal Employment Opportunity Commission. (jaw) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

24

Proposed Jury Instructions by Equal Employment Opportunity Commission. (jaw) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

25

Proposed Voir Dire Questions by Equal Employment Opportunity Commission. (jaw) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

26

Exhibit List pursuant to LR 26.2 (b) by Equal Employment Opportunity Commission. (jaw) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

28

AMENDMENT to Designation of Deposition Excerpts by Equal Employment Opportunity Commission. Re: 27 Designation of Deposition Excerpts. (lmr, ) (Entered: 04/10/2003)

April 8, 2003

April 8, 2003

29

JOINT MOTION for entry of consent decree by Asher Investments, Inc., Equal Employment Opportunity Commission. (aat, ) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

30

CONSENT DECREE. Upon closing of this agreement, defendant shall provide Sidney B. Chesnin, Senior Trial Attorney with the EEOC, a cashier's check of $4,500.00 payable to Gwen Watel, representing damages under USC 42 Section 1981 only. Defendant will provide Ms. Watel with an IRS Form 1099 in the normal course of busiess to her address. All reports to the EEOC required by this decree shall be sent to Sidney B. Chesnin. The parties agree to bear their own costs with this action, including attorney's fees. See Decree for specifics. (Signed by Judge David C Godbey on 5/9/03) (aat, ) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2001

Closing Date: May 12, 2006

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

Asher Investments, Inc., Private Entity/Person

Case Details

Causes of Action:

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

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: 4500

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

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