Case: EEOC v. TSSO INC (d/b/a APPLEBEE'S)

3:99-cv-00512 | U.S. District Court for the Northern District of Florida

Filed Date: Dec. 23, 1999

Closed Date: Aug. 14, 2001

Clearinghouse coding complete

Case Summary

The Miami District Office filed this action in the U.S. District Court for the Northern District of Florida. The Defendant was TSSO, Inc., otherwise known as Applebee's, a nationwide restaurant chain. It was charged with discriminating on the basis of race (black) by failing to hire the complainant and other similarly situated people as servers. The action was filed in December of 1999 and lasted until August of 2001, when it was resolved by a consent decree. The complainants never intervened in the action. One complainant was awarded $90,000, and another $5,000. The injunctive relief included a training program for all employees, changes to the company's hiring process, and posting a Notice.

Summary Authors

Kevin Wilemon (6/21/2007)

Documents in the Clearinghouse

Document

3:99-cv-00512

Docket

EEOC v. TSSO Inc

Aug. 14, 2001

Aug. 14, 2001

Docket
1

3:99-cv-00512

Complaint

EEOC v. TSSO Inc

Dec. 23, 1999

Dec. 23, 1999

Complaint
54

3:99-cv-00512

Consent Decree

EEOC v. TSSO Inc

Aug. 14, 2001

Aug. 14, 2001

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Trial Demand (laj,Pensacola) (Entered: 12/28/1999)

Dec. 23, 1999

Dec. 23, 1999

2

CIVIL COVER SHEET (laj,Pensacola) (Entered: 12/28/1999)

Dec. 23, 1999

Dec. 23, 1999

Setting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 3/22/00 (laj,Pensacola) (Entered: 12/28/1999)

Dec. 23, 1999

Dec. 23, 1999

**ADDED Magistrate Judge Miles Davis (jra,Pensacola) (Entered: 09/05/2000)

Dec. 23, 1999

Dec. 23, 1999

SUMMONS(ES) issued for defendant TSSO INC (c/o Lois Sedowicz, Registered Agent) and NOTICE OF CONSENT form forwarded to Plaintiff. (laj,Pensacola) (Entered: 12/28/1999)

Dec. 28, 1999

Dec. 28, 1999

3

WAIVER of Service Returned Executed as to defendant TSSO INC on 1/11/00. Answer due on 3/13/00 for TSSO INC. (laj,Pensacola) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

4

LETTER from defendant TSSO INC's attorney (Kennedy) to pltf EQUAL EMPLOY OPP COM's Attorney (Carillo) allowing an extension of Answer deadline to 4/5/00 (filed per Judge's request). (laj,Pensacola) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

Deadline updated Resetting answer deadline for 4/5/00 for TSSO INC (pursuant to #4, Letter received on 3/7/00) (laj,Pensacola) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

5

MOTION by defendant TSSO INC for Warren R. Hall, Jr. to Appear Pro Hac Vice - Filing Fee $20.00 - Receipt #:11016 (laj,Pensacola) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

6

MOTION by defendant TSSO INC for J. Thomas Kilpatrick to Appear Pro Hac Vice - Filing Fee $20.00 - Receipt #: 11017 (laj,Pensacola) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

7

ANSWER to Complaint by defendant TSSO INC (Attorney: J. Thomas Kilpatrick); with jury demand (laj,Pensacola) (Entered: 04/05/2000)

April 3, 2000

April 3, 2000

8

ORDER by Judge Roger Vinson - GRANTING [5-1] Motion for Warren R. Hall, Jr. to Appear Pro Hac Vice. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

9

ORDER by Judge Roger Vinson - GRANTING [6-1] Motion for J. Thomas Kilpatrick to Appear Pro Hac Vice. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

File Returned to Court to Judge Roger Vinson - Re: Proposed Initial Scheduling Order. (laj,Pensacola) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

10

INITIAL SCHEDULING ORDER by Judge Roger Vinson setting deadline for Discovery Cutoff to 9/15/00. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/20/2000)

April 20, 2000

April 20, 2000

11

JOINT Scheduling Report of Parties' Planning Meeting by pltf EQUAL EMPLOY OPP COM and dft TSSO INC (laj,Pensacola) (Entered: 06/01/2000)

June 1, 2000

June 1, 2000

File Returned to Court to Judge Roger Vinson - Re: [11-1] Joint Scheduling Report (laj,Pensacola) (Entered: 06/01/2000)

June 1, 2000

June 1, 2000

12

FINAL SCHEDULING ORDER by Judge Roger Vinson setting deadlines for Discovery Cutoff to 11/15/00 and Jury trial date to 3/5/01. Copies sent as noted on document. (laj,Pensacola) (Entered: 06/02/2000)

June 2, 2000

June 2, 2000

13

NOTICE by defendant TSSO INC to take deposition of Hope Williams on 10/18/00 at 9:00 a.m. at Emmanuel, Sheppard & Condon. (cbj,Pensacola) (Entered: 10/12/2000)

Oct. 12, 2000

Oct. 12, 2000

14

MOTION by plaintiff EQUAL EMPLOY OPP COM with memorandum in support to Extend Time for discovery and dispositive motion deadlines Deadline for filing response to motion is: 11/27/00 (cbj,Pensacola) (Entered: 11/14/2000)

Nov. 9, 2000

Nov. 9, 2000

15

MOTION by plaintiff EQUAL EMPLOY OPP COM For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly Deadline for filing response to motion is: 12/1/00 (cbj,Pensacola) (Entered: 11/14/2000)

Nov. 13, 2000

Nov. 13, 2000

16

RESPONSE (And Objections To Pltf's First Requests To Admit) by defendant TSSO INC (cbj,Pensacola) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

Motion(s) referred: [14-1] motion to Extend Time for discovery and dispositive motion deadlines referred to Magistrate Judge Miles Davis (cbj,Pensacola) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

17

RESPONSE by defendant TSSO INC to [14-1] motion to Extend Time for discovery and dispositive motion deadlines by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

19

ORDER by Magistrate Judge Miles Davis - Denying [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly. Pltf has failed to comply with Loc.R.7B. Copies sent as noted on document. (cbj,Pensacola) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

File Returned to Court: to Magistrate Judge Miles Davis Re: requested (tea,Pensacola) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

20

ORDER by Magistrate Judge Miles Davis - VACATING [19-1] order. Deft shall respond to plaintiff's [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly in accordance with the Local Rules of this court. Copies sent as noted on document. (tea,Pensacola) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

21

MOTION by defendant TSSO INC to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement (cbj,Pensacola) (Entered: 11/27/2000)

Nov. 27, 2000

Nov. 27, 2000

Motion(s) referred: [21-1] motion to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement referred to Magistrate Judge Miles Davis (cbj,Pensacola) (Entered: 11/27/2000)

Nov. 27, 2000

Nov. 27, 2000

22

ORDER by Magistrate Judge Miles Davis - Granting [21-1] motion to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement Resetting response to motion deadline for 12/1/00 Re: [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM Copies sent as noted document. (cbj,Pensacola) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

23

RESPONSE by defendant TSSO INC to [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

Motion(s) referred: (cbj,Pensacola) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

File Returned to Court: to Magistrate Judge Miles Davis Re: [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

24

ORDER by Magistrate Judge Miles Davis - Granting [15-1] motion For Prior Court approval to issue a newspaper advertisement. Copies sent as noted on document. (cbj,Pensacola) (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

25

(UNOPPOSED) MOTION by plaintiff EQUAL EMPLOY OPP COM with memorandum in support to Extend Trial Date Schedule (to May 2001) (cbj,Pensacola) (Entered: 12/26/2000)

Dec. 22, 2000

Dec. 22, 2000

Motion submitted with file to Judge Roger Vinson Re: [25-1] motion to Extend Trial Date Schedule by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 12/26/2000)

Dec. 26, 2000

Dec. 26, 2000

26

MOTION by defendant TSSO INC with memorandum in support for Leave to Amend Answer Deadline for filing response to motion is: 1/16/01 (cbj,Pensacola) (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

27

ORDER by Judge Roger Vinson - Granting [25-1] motion to Extend Trial Date Schedule to May 2001. Copies sent as noted on document. (cbj,Pensacola) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

28

RESPONSE by plaintiff EQUAL EMPLOY OPP COM to [26-1] motion for Leave to Amend Answer by TSSO INC (cbj,Pensacola) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

Motion submitted with file to Judge Roger Vinson Re: [26-1] motion for Leave to Amend Answer by TSSO INC (cbj,Pensacola) (Entered: 01/17/2001)

Jan. 17, 2001

Jan. 17, 2001

29

ORDER by Judge Roger Vinson - Granting [26-1] motion for Leave to Amend Answer Resetting Discovery deadline to 3/16/01 . Copies sent as noted on document. (cbj,Pensacola) (Entered: 01/18/2001)

Jan. 18, 2001

Jan. 18, 2001

30

AMENDED ANSWER by defendant TSSO INC amending [7-1] answer by TSSO INC Re: [29-2] order; jury demand (cbj,Pensacola) (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

31

CERTIFICATE OF SERVICE by defendant TSSO INC, regarding deft's responses to pltf's second request for production of documents to deft (cbj,Pensacola) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

32

CERTIFICATE OF SERVICE by defendant TSSO INC of Response to Plaintiff's Third Set of Interrogatories (sps,Pensacola) (Entered: 02/27/2001)

Feb. 27, 2001

Feb. 27, 2001

34

CERTIFICATE OF SERVICE by defendant TSSO INC re: Notice of Service (sps,Pensacola) (Entered: 03/08/2001)

March 5, 2001

March 5, 2001

33

JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM and defendant TSSO INC to Extend Discovery & Trial Date Schedule (tea,Pensacola) (Entered: 03/08/2001)

March 8, 2001

March 8, 2001

Motion submitted with file to Judge Roger Vinson Re: [33-1] joint motion to Extend Discovery & Trial Date Schedule by TSSO INC, EQUAL EMPLOY OPP COM (tea,Pensacola) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

35

ORDER by Judge Roger Vinson - GRANTING [33-1] joint motion to Extend Discovery & Trial Date Schedule. Discovery is extended through 5/11/01 . Trial will be re-scheduled by separate notice. Copies sent as noted on document. (tea,Pensacola) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

File Returned to Court: to Judge Roger Vinson re: deficient pleading and proposed order (cbj,Pensacola) (Entered: 03/20/2001)

March 20, 2001

March 20, 2001

36

ORDER by Judge Roger Vinson - Clerk shall file copy of "Deft's Responses And Objections, Etc" but no further pleadings will be accepted unless they comply with N.D. Fla. Loc.R. 5.1(A.3). Copies sent as noted on document. (cbj,Pensacola) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

37

*(Deft's) RESPONSES (And Objections To Pltf's Second Requests For Admissions) by defendant TSSO INC *filed pursuant to order (doc.37) entered this date. (cbj,Pensacola) Modified on 03/26/2001 (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

38

CERTIFICATE OF SERVICE by defendant TSSO INC re: Notice Of Service (?) (cbj,Pensacola) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

39

CERTIFICATE OF SERVICE by defendant TSSO INC (cbj,Pensacola) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

40

CERTIFICATE OF SERVICE by defendant TSSO INC (cbj,Pensacola) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

41

MOTION by defendant TSSO INC Requesting Leave to Depose Samuel Fulton, Jr. , and Extend Discovery (and memorandum in support thereof) for additional 45 days after the deposition of Mr. Fulton (cbj,Pensacola) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

Motion submitted with file to Judge Roger Vinson Re: [41-1] motion Requesting Leave to Depose Samuel Fulton, Jr. by TSSO INC, [41-2] motion Extend Discovery by TSSO INC (cbj,Pensacola) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

42

ORDER by Judge Roger Vinson granting [41-1] motion Requesting Leave to Depose Samuel Fulton, Jr.- only to depose Mr. Fulton while he is in custody. The discovery is not extended - denying [41-2] motion Extend Discovery Copies sent as noted on document. (sps,Pensacola) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

43

RESPONSE by defendant TSSO INC (And Objections To Pltf's Third Requests For Admissions) (cbj,Pensacola) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

File Returned to Court: to Judge Roger Vinson (Requested) (tea,Pensacola) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

44

ORDER (Of Referral To Mediation) by Judge Roger Vinson for Court Ordered Mediation . Parties to select mediator or notify court within 14 days of inability to do so. Pltf to file report report within 5 days of completed mediation. Setting mediation report deadline for 7/30/01 Copies sent as noted on document. (cbj,Pensacola) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

45

NOTICE by defendant TSSO INC to take deposition of Michelle Linakus on 5/11/01 at 9:00 a.m. at offices of Emmanuel, Sheppard & Condon, Pensacola, FL. (cbj,Pensacola) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

46

JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01] (cbj,Pensacola) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

47

MOTION by defendant TSSO INC for MIKALA SANDS to Appear Pro Hac Vice for defendant TSSO INC Filing Fee $20.00 Receipt #: 301 12327 (cbj,Pensacola) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

Motion submitted with file to Judge Roger Vinson Re: [46-1] joint motion Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01] by TSSO INC, EQUAL EMPLOY OPP COM, [47-1] motion for MIKALA SANDS to Appear Pro Hac Vice for defendant TSSO INC by TSSO INC (cbj,Pensacola) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

49

ORDER by Judge Roger Vinson - GRANTING, as requested, [46-1] Joint Motion Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01]. Copies sent as noted on document. (laj,Pensacola) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

Deadline updated Setting Dispositive Motion deadline for 8/25/01 (25 days after mediation deadline - see order, doc.49) (cbj,Pensacola) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

50

NOTICE by defendant TSSO INC to take deposition of Michelle Linakus on 5/22/01 at 9:30 a.m. at offices of EEOC, Miami, FL. (cbj,Pensacola) (Entered: 05/16/2001)

May 16, 2001

May 16, 2001

51

JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) (cbj,Pensacola) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

Motion submitted with file to Judge Roger Vinson Re: [51-1] joint motion (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) by TSSO INC, EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

52

ORDER by Judge Roger Vinson - Granting [51-1] joint motion (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) Setting deadline for - plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC commencement of mediation by: 6/19/01 Copies sent as noted on document. (cbj,Pensacola) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

53

NOTICE by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC of continuing mediation through and including 7/20/01 (cbj,Pensacola) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

File Returned to Court: to Judge Roger Vinson Re: proposed "Consent Decree" /s/the parties (cbj,Pensacola) (Entered: 08/14/2001)

Aug. 14, 2001

Aug. 14, 2001

54

ORDER approving "CONSENT DECREE" by Judge Roger Vinson Dismissing with prejudice . The Court will retain jurisdiction to enforce this Consent Decree during the period that said Decree is in effect. Copies sent as noted on document. (cbj,Pensacola) (Entered: 08/14/2001)

Aug. 14, 2001

Aug. 14, 2001

Case closed - law clerk #2 (cbj,Pensacola) (Entered: 08/15/2001)

Aug. 14, 2001

Aug. 14, 2001

Case Details

State / Territory: Florida

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: Dec. 23, 1999

Closing Date: Aug. 14, 2001

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

T.S.S.O., Inc. (Pensacola, FL), Private Entity/Person

T.S.S.O., 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: 95000

Order Duration: 2001 - 2003

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Recordkeeping

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits