Case: EEOC v. J. A. SUTHERLAND, INC. (d/b/a TACO BELL)

3:06-cv-04705 | U.S. District Court for the Northern District of California

Filed Date: Aug. 3, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In August 2006, the San Francisco District Office of the EEOC filed this lawsuit against restaurant services provider J.A. Sutherland, Inc., doing business as Taco Bell, in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complaining party to a sexually hostile environment. The complaining party i…

In August 2006, the San Francisco District Office of the EEOC filed this lawsuit against restaurant services provider J.A. Sutherland, Inc., doing business as Taco Bell, in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complaining party to a sexually hostile environment. The complaining party intervened in the lawsuit in July 2007. Following some discovery, the parties settled the lawsuit in July 2007 though a consent decree.

The two-year decree, containing an anti-discrimination clause, required the defendant to: report complaints and make compliance reports, expunge the complainant's employment record and provide a neutral reference, rewrite its anti-discrimination policy, distribute employee rights, implement a complaint resolution process, provide EEO training, require supervisors/managers to actively monitor to prevent harassment and discipline them for failure to do so, and pay $48,000 to the complaining party. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

David Friedman (4/29/2008)

Documents in the Clearinghouse

Document

3:06-cv-04705

Docket (PACER)

EEOC v. J.A. Sutherland, Inc.

July 19, 2007

July 19, 2007

Docket
1

3:06-cv-04705

Complaint

EEOC v. J.A. Sutherland, Inc. d/b/a/ Taco Bell

Aug. 3, 2006

Aug. 3, 2006

Complaint
27

3:06-cv-04705

First Amended Complaint

EEOC v. J.A. Sutherland, Inc.

Oct. 30, 2006

Oct. 30, 2006

Complaint
39

3:06-cv-04705

Complaint in Intervention

EEOC v. J.A. Sutherland, Inc., dba Taco Bell

Nov. 14, 2006

Nov. 14, 2006

Complaint
51

3:06-cv-04705

Consent Decree

EEOC v. J.A. Sutherland, Inc.

July 19, 2007

July 19, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5795286/equal-employment-opportunity-commission-v-ja-sutherland-inc/

Last updated Aug. 1, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
49

ORDER continuing case management conference. Signed by Judge Thelton E. Henderson on 05/30/07. (tehlc3, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

May 30, 2007

RECAP
1

COMPLAINT - Civil Rights Employment Discrimination; Demand for Jury Trial against J.A. Sutherland, Inc. (Filing fee Waived). Filed byEqual Employment Opportunity Commission. (gba, COURT STAFF) (Filed on 8/3/2006) Additional attachment(s) added on 11/6/2006 (tn, COURT STAFF). (Entered: 08/07/2006)

Aug. 3, 2006

Aug. 3, 2006

2

ADR SCHEDULING ORDER: Case Management Statement due by 10/27/2006. Case Management Conference set for 11/3/2006 01:30 PM. (Attachments: # 1 CMC Standing Order# 2 Standing Order #2)(gba, COURT STAFF) (Filed on 8/3/2006) (Entered: 08/07/2006)

Aug. 3, 2006

Aug. 3, 2006

Summons Issued as to J.A. Sutherland, Inc.. (gba, COURT STAFF) (Filed on 8/3/2006) (Entered: 08/07/2006)

Aug. 3, 2006

Aug. 3, 2006

3

CLERK'S NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by AUG. 23, 2006. (klh, COURT STAFF) (Filed on 8/9/2006) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

4

CLERK'S SECOND NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by SEPT. 21, 2006. (klh, COURT STAFF) (Filed on 9/7/2006) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

5

CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Hernandez, Evangelina) (Filed on 9/11/2006) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

6

Declination to Proceed Before a U.S. Magistrate Judge by J.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 10/4/2006) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

7

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klh, COURT STAFF) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

8

ORDER REASSIGNING CASE. Case reassigned to Judge Thelton E. Henderson for all further proceedings. Judge Joseph C. Spero no longer assigned to the case.. Signed by Executive Committee on 10/5/06. (as, COURT STAFF) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

9

CLERK'S NOTICE: Initial Case Management Conference set for 11/6/2006 at 01:30 PM. (rbe, COURT STAFF) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

10

MOTION to Dismiss Plaintiff's Complaint filed by J.A. Sutherland, Inc.. Motion Hearing set for 11/20/2006 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Manske, Catherine) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

11

MEMORANDUM in Support re 10 MOTION to Dismiss Plaintiff's Complaint filed byJ.A. Sutherland, Inc.. (Related document(s) 10 ) (Manske, Catherine) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

12

Declaration of Jeffrey N. Daly in Support of 10 MOTION to Dismiss Plaintiff's Complaint filed byJ.A. Sutherland, Inc.. (Related document(s) 10 ) (Manske, Catherine) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

13

Proposed Order re 10 MOTION to Dismiss Plaintiff's Complaint by J.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

14

NOTICE by J.A. Sutherland, Inc. re 10 MOTION to Dismiss Plaintiff's Complaint RE-NOTICE (Manske, Catherine) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

15

*** FILED IN ERROR. DOCUMENT TO BE REFILED LATER. *** MOTION to Intervene Notice of Motion and Motion for Leave to Intervene filed by Amanda K. Manning. Motion Hearing set for 11/20/2006 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Sher, Susan) (Filed on 10/13/2006) Modified on 10/13/2006 (ewn, COURT STAFF). (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

17

*** FILED IN ERROR. DOCUMENT TO BE REFILED LATER. *** MOTION to Intervene Motion for Leave to Intervene filed by Amanda K. Manning. Motion Hearing set for 11/20/2006 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Sher, Susan) (Filed on 10/13/2006) Modified on 10/13/2006 (ewn, COURT STAFF). (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

18

MOTION to Intervene Notice of Motion and Motion for Leave to Intervene filed by Amanda K. Manning. Motion Hearing set for 11/20/2006 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Sher, Susan) (Filed on 10/13/2006) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

19

Declaration of Susan Sher Declaration of Susan Sher In Support of Motion for Leave to Intervene filed byAmanda K. Manning. (Sher, Susan) (Filed on 10/13/2006) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

20

EXHIBITS Proposed Complaint In Intervention filed byAmanda K. Manning. (Sher, Susan) (Filed on 10/13/2006) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

21

Proposed Order Proposed Order Re Motion For Leave to Intervene by Amanda K. Manning. (Sher, Susan) (Filed on 10/13/2006) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

22

MEMORANDUM in Support Memorandum of Points and Authorities In Support of Motion for Leave to Intervene filed byAmanda K. Manning. (Sher, Susan) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

23

Renotice motion hearing re 18 MOTION to Intervene Notice of Motion and Motion for Leave to Intervene filed byAmanda K. Manning. Motion Hearing set for 11/27/2006 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Sher, Susan) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

24

CERTIFICATE OF SERVICE by Amanda K. Manning (Sher, Susan) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

25

NOTICE by J.A. Sutherland, Inc. Rule 7.1 Disclosure Statement (Daly, Jeffrey) (Filed on 10/23/2006) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

26

JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 10/26/2006) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

27

AMENDED COMPLAINT First against J.A. Sutherland, Inc.. Filed byEqual Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 10/30/2006) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

28

Memorandum in Opposition re 18 MOTION to Intervene Notice of Motion and Motion for Leave to Intervene filed byJ.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 11/1/2006) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

30

Proposed Order Proposed Order Re Request to Appear Telephonically by Amanda K. Manning. (Sher, Susan) (Filed on 11/2/2006) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

31

Memorandum in Opposition of Defendant's Motion to Dismiss filed byEqual Employment Opportunity Commission. (Attachments: # 1 Affidavit Evanegelina Hernandez)(Hernandez, Evangelina) (Filed on 11/2/2006) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

32

ORDER by Judge Thelton E. Henderson granting 29 Motion to Appear by Telephone by Atty. Susan Sher. (rbe, COURT STAFF) (Filed on 11/2/2006) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

33

MOTION to Appear by Telephone at 11/6/06 Case Managment Conference filed by J.A. Sutherland, Inc.. Motion Hearing set for 11/6/2006 01:30 PM. (Manske, Catherine) (Filed on 11/2/2006) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

34

Proposed Order re 33 MOTION to Appear by Telephone at 11/6/06 Case Managment Conference by J.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 11/2/2006) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

35

ORDER by Judge Thelton E. Henderson granting 33 Motion to Appear by Telephone by Atty. Catherine Manske. (rbe, COURT STAFF) (Filed on 11/3/2006) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

36

Minute Entry: Initial Case Management Conference held on 11/6/2006 before Judge Thelton E. Henderson. Case Management Conference set for 12/4/2006 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 11/6/2006) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

37

STIPULATION Stipulation and Proposed Order Granting Leave to Intervene by Amanda K. Manning. (Sher, Susan) (Filed on 11/10/2006) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

38

STIPULATION and ORDER by Judge Thelton E. Henderson granting 18 Motion to Intervene. (rbe, COURT STAFF) (Filed on 11/13/2006) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

39

Intervenor COMPLAINT Complaint In Intervention - Employment Discrimination . Filed byAmanda K. Manning. (Sher, Susan) (Filed on 11/14/2006) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

40

JOINT CASE MANAGEMENT STATEMENT Supplemental filed by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 11/27/2006) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

41

Defendant's ANSWER to Intervenor Complaint byJ.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

42

Defendant's ANSWER to Amended Complaint First byJ.A. Sutherland, Inc.. (Manske, Catherine) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

43

Minute Entry: Further Case Management Conference held on 12/4/2006 before Judge Thelton E. Henderson. Case referred to mediation. Further Case Management Conference set for 4/23/2007 at 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

Pre MED phone conference scheduled on Thursday, January 11, 2007 at 2:00 p.m. (af, COURT STAFF) (Filed on 1/8/2007) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Set/Reset Hearings: Mediation Hearing set for 2/7/2007 10:30 AM., at the mediator's office in Oakland, CA. (af, COURT STAFF) (Filed on 1/18/2007) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

45

CERTIFICATION OF MEDIATION Session on 2/6/2007, case not settled, phone discussions expected by 2/20/2007, mediation complete. Filed by Mediator, Jody I. LeWitter, dated 2/17/2007. (af, COURT STAFF) (Filed on 2/16/2007) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

46

JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 4/16/2007) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

47

Minute Entry: Further Case Management Conference held on 4/23/2007 before Judge Thelton E. Henderson. Telephonic Further Case Management Conference set for 6/4/2007 at 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 4/23/2007) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

48

JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 5/29/2007) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

50

SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

51

CONSENT DECREE. Signed by Judge Thelton E. Henderson on 07/18/07. (rbe, COURT STAFF) (Filed on 7/19/2007)

July 19, 2007

July 19, 2007

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2006

Closing Date: 2009

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

J.A. Sutherland, Inc. (Ukiah, California; Clearlake, California), Private Entity/Person

Case Details

Causes of Action:

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: 48000

Order Duration: 2007 - 2009

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit