Case: EEOC v. Applebee's Neighborhood Bar & Grill of Georgia, Inc.

1:02-cv-00829 | U.S. District Court for the Northern District of Georgia

Filed Date: March 29, 2002

Closed Date: July 10, 2003

Clearinghouse coding complete

Case Summary

The Atlanta District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Georgia, against Applebee's Neighborhood Bar & Grill of Georgia, Inc. The complaint, filed in March 2002, alleged color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the charging party, an African American, with dark skin, was harassed by one of Defendant's managers, an African American with light skin, and was subseq…

The Atlanta District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Georgia, against Applebee's Neighborhood Bar & Grill of Georgia, Inc. The complaint, filed in March 2002, alleged color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the charging party, an African American, with dark skin, was harassed by one of Defendant's managers, an African American with light skin, and was subsequently terminated when he complained about the harassment.

In July 2003, the parties entered a consent decree which was valid for 18 months. The decree prohibited Defendant from discriminating and harassing in violation of Title VII and required Defendant to pay the charging party a total of $40,000 ($15,000 in back pay and $25,000 in emotional distress damages). Defendant was also required to provide the charging party with a neutral employment reference; post a notice of non-discrimination at its facility; provide its human resources managers with anti-discrimination/anti-harassment training; instruct its managers and supervisors as to the terms of the decree; make regular reports to the EEOC about any internal discrimination complaints; and designate a compliance official to be responsible for Defendant's compliance with the decree.

Summary Authors

Shankar Viswanathan (6/28/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11704245/parties/eeoc-v-applebees-neighbor/


Judge(s)

Moye, Charles Allen (Georgia)

Attorney for Plaintiff

Keegan, Marcus G. (Georgia)

Loggins, Amy Elizabeth (Georgia)

Attorney for Defendant

Borna, Emily S. (Georgia)

Pautler, Paul F. (Georgia)

Documents in the Clearinghouse

Documents in this case

1:02-cv-00829

Docket (PACER)

EEOC v. Applebee's Neighbor

July 10, 2003

July 10, 2003

Docket
1

1:02-cv-00829

Complaint

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

March 29, 2002

March 29, 2002

Complaint
35

1:02-cv-00829

Consent Decree

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

July 10, 2003

July 10, 2003

Settlement Agreement

EEOC Press Release

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

No Court

Aug. 7, 2003

Aug. 7, 2003

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11704245/eeoc-v-applebees-neighbor/

Last updated Oct. 6, 2026, 5:20 p.m.

Docket for: EEOC v. Applebee's Neighbor
ECF Number Date Description Link
1 March 29, 2002

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (fmm) (Entered: 04/02/2002)

RECAP
March 29, 2002

CASE REFERRED to Mag Judge Linda T. Walker (Calendar sheets forwarded and notice sent to counsel) (fmm) (Entered: 04/02/2002)

PACER
March 29, 2002

CASE REFERRED to Mag Judge Linda T. Walker (Calendar sheets forwarded and notice sent to counsel) (fmm)

2 May 1, 2002

WAIVER OF SERVICE Returned Executed as to Applebee's Neighbor; mailed 4/4/02; Answer due by 6/3/02 for Applebee's Neighbor (kt) (Entered: 05/03/2002)

RECAP
3 May 14, 2002

Applications for admission of Chari J. Young, and Paul F. Pautler Jr. pro hac vice for defendant. (kt) (Entered: 05/16/2002)

RECAP
4 May 21, 2002

ORDER by Judge Charles A. Moye Jr. GRANTING [3-1] pro hac vice application of Chari J. Young. (cc) (kt) (Entered: 05/22/2002)

RECAP
5 May 23, 2002

ORDER by Judge Charles A. Moye Jr. approving the [3-1] pro hac vice application of Paul F. Pautler, Jr. (cc) (kt) (Entered: 05/24/2002)

RECAP
6 May 30, 2002

Attorney appearance for plaintiff by Cynthia Leigh Montgomery. (lme) (Entered: 06/04/2002)

RECAP
7 June 3, 2002

ANSWER by defendant to complaint [1-1] Discovery ends 10/31/02 (kt) (Entered: 06/05/2002)

RECAP
8 July 1, 2002

ANSWERS TO INITIAL DISCLOSURES by plaintiff. (kt) (Entered: 07/02/2002)

RECAP
9 July 1, 2002

Notice of change of firm name by counsel for defendant. (kt) (Entered: 07/02/2002)

RECAP
10 July 1, 2002

Certificate of interested persons. (to CAM & LTW) (kt) (Entered: 07/02/2002)

RECAP
11 July 1, 2002

ANSWERS TO INITIAL DISCLOSURES by defendant. (kt) (Entered: 07/02/2002)

RECAP
12 July 5, 2002

Joint Preliminary Report and Discovery Schedule. (to LTW) (kt) (Entered: 07/08/2002)

RECAP
13 July 15, 2002

NOTICE TO PARTIES by Mag Judge Linda T. Walker [12-1] preliminary statement, discovery deadlines is 10/31/02, any mtns for sumjgm. must be filed by 11/20/02, if no mtns for sumjgm., proposed consolidated PTO will be due on 11/30/02 pre-trial order due on 11/30/02, [13-1] to be submitted on 12/3/02 if parties fail to file mtns for sumjgm. or proposed PTO. (cc) (kt) (Entered: 07/16/2002)

RECAP
14 Oct. 15, 2002

MOTION by plaintiff to withdraw by Cynthia Leigh Montgomery as attorney for EEOC . (kt) (Entered: 10/16/2002)

RECAP
15 Oct. 18, 2002

Joint MOTION to extend discovery time until 12/16/02 and to extend time until 01/06/03 for filing motions for sumjgm. (to LTW) (kt) (Entered: 10/21/2002)

RECAP
16 Oct. 23, 2002

ORDER by Mag Judge Linda T. Walker GRANTING [15-1] joint motion to extend discovery time until 12/16/02, Discovery ends 12/16/02 IT IS FURTHER ORDERED that the parties shall have a corresponding extension of time in which to file any mtns for sumjgm, up to and including 1/6/03. (cc) (kt) (Entered: 10/24/2002)

RECAP
Nov. 6, 2002

SUBMITTED to Mag Judge Linda T. Walker on [14-1] motion to withdraw by Cynthia Leigh Montgomery as attorney for EEOC (kt) (Entered: 11/06/2002)

PACER
Nov. 6, 2002

SUBMITTED to Mag Judge Linda T. Walker on [14-1] motion to withdraw by Cynthia Leigh Montgomery as attorney for EEOC (kt)

17 Nov. 12, 2002

ORDER by Mag Judge Linda T. Walker GRANTING [14-1] motion to withdraw by Cynthia Leigh Montgomery as attorney for EEOC. (cc) (kt) (Entered: 11/13/2002)

RECAP
18 Dec. 16, 2002

CONSENT MOTION to extend discovery time until 3/16/03 (to LTW) (kt) (Entered: 12/17/2002)

RECAP
Dec. 17, 2002

SUBMITTED to Mag Judge Linda T. Walker on [13-1] order pre-trial order due on 11/30/02, [13-2] order [13-1] to be submitted on 12/3/02 if parties fail to file mtns for sumjgm. or proposed PTO. (FILE IN CHAMBERS) (kt) Modified on 12/17/2002 (Entered: 12/17/2002)

PACER
Dec. 17, 2002

SUBMITTED to Mag Judge Linda T. Walker on [13-1] order pre-trial order due on 11/30/02, [13-2] order [13-1] to be submitted on 12/3/02 if parties fail to file mtns for sumjgm. or proposed PTO. (FILE IN CHAMBERS) (kt) Modified on 12/17/2002

19 Dec. 23, 2002

ORDER by Mag Judge Linda T. Walker GRANTING [18-1] joint motion to extend discovery time until 3/16/03, Discovery ends 3/16/03 (cc) (kt) (Entered: 12/24/2002)

RECAP
Dec. 30, 2002

Terminated submissions. (kt) (Entered: 12/30/2002)

PACER
Dec. 30, 2002

Terminated submissions. (kt)

20 March 4, 2003

Attorney appearance for plaintiff by Marcus G. Keegan (ldn) (Entered: 03/05/2003)

RECAP
21 March 12, 2003

MOTION by plaintiff for leave of absence of Amy Elizabeth Loggins from 4/1/03 and continuing for 12 weeks with brief in support. (to LTW) (ck) Modified on 03/13/2003 (Entered: 03/13/2003)

RECAP
22 March 13, 2003

Notice to take the deposition of SANDRA E. GILL by defendant. (kt) (Entered: 03/17/2003)

RECAP
23 March 13, 2003

Notice to take the deposition of ANTHONY J. SEALS by defendant. (kt) (Entered: 03/17/2003)

RECAP
24 March 14, 2003

MOTION by plaintiff to extend discovery time until 5/6/3 with brief in support and proposed order. (kt) (Entered: 03/17/2003)

RECAP
25 March 25, 2003

ENDORSED ORDER by Judge Charles A. Moye Jr. GRANTING [21-1] motion for leave of absence of Amy Elizabeth Loggins from approximately 4/1/03 and continuing for 12 weeks. (cc) (kt) (Entered: 03/26/2003)

RECAP
26 March 27, 2003

Response and opposition by defendant to [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 03/31/2003)

RECAP
March 31, 2003

SUBMITTED to Mag Judge Linda T. Walker on [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 03/31/2003)

PACER
March 31, 2003

SUBMITTED to Mag Judge Linda T. Walker on [24-1] motion to extend discovery time until 5/6/3. (kt)

27 April 7, 2003

UNOPPOSED MOTION by defendant to extend time thru 5/8/03 to file dispositve motion with brief in support and prop order. (to LTW) (fmm) Modified on 04/09/2003 (Entered: 04/09/2003)

RECAP
28 April 10, 2003

REPLY by plaintiff to response to [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 04/11/2003)

RECAP
29 April 11, 2003

ORDER by Mag Judge Linda T. Walker GRANTING [27-1] motion to extend time thru 5/28/03 to file dispositve motion. (cc) (kt) (Entered: 04/14/2003)

RECAP
31 April 17, 2003

ORDER by Mag Judge Linda T. Walker GRANTING [24-1] motion to extend discovery time until 5/16/3, Discovery ends 5/16/03 (cc) (kt) (Entered: 06/02/2003)

RECAP
30 May 28, 2003

UNOPPOSED MOTION by defendant to extend time until 6/28/03 to file dispositive motions, with proposed order. (to LTW) (kt) Modified on 05/29/2003 (Entered: 05/29/2003)

RECAP
32 May 30, 2003

ORDER by Mag Judge Linda T. Walker GRANTING [30-1] motion to extend time until 6/28/03 in which to file any motions for sumjgm. (cc) (kt) (Entered: 06/03/2003)

RECAP
33 June 11, 2003

MOTION by plaintiff to extend discovery time for a period of 30 days after the Court rules on [33-1] motion with proposed order. (kt) (Entered: 06/13/2003)

RECAP
34 June 30, 2003

ORDER by Mag Judge Linda T. Walker GRANTING [33-1] motion to extend discovery time for a period of 30 days after the Court rules on [33-1] motion, the disc period shall be extended 30 days from the date of this order; the deadlines for filing sumjgm motions shall be extended accordingly. Discovery ends 7/30/03 (cc) (kt) (Entered: 07/01/2003)

RECAP
June 30, 2003

SUBMITTED to Mag Judge Linda T. Walker on [33-1] motion to extend discovery time for a period of 30 days after the Court rules on [33-1] motion. (kt) (Entered: 06/30/2003)

PACER
June 30, 2003

SUBMITTED to Mag Judge Linda T. Walker on [33-1] motion to extend discovery time for a period of 30 days after the Court rules on [33-1] motion. (kt)

July 1, 2003

Terminated submissions. (kt) (Entered: 07/01/2003)

PACER
July 1, 2003

Terminated submissions. (kt)

July 2, 2003

Proposed Consent Decree. (to LTW) (kt) (Entered: 07/03/2003)

PACER
July 2, 2003

Proposed Consent Decree. (to LTW) (kt)

35 July 10, 2003

CONSENT DECREE by Judge Charles A. Moye Jr. (cc) (kt) (Entered: 07/11/2003)

RECAP
July 10, 2003

Completed referral to Mag Judge Linda T. Walker. (kt) (Entered: 07/11/2003)

PACER
July 10, 2003

Case terminated. (kt) (Entered: 07/11/2003)

PACER
July 10, 2003

Completed referral to Mag Judge Linda T. Walker. (kt)

July 10, 2003

Case terminated. (kt)

Case Details

State / Territory:

Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2002

Closing Date: July 10, 2003

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

Applebee's Neighborhood Bar & Grill of Georgia, Inc.

Applebee's Nieghborhood Grill & Bar of Georgia, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Georgia 1:02-cv-00829

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

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 40000

Order Duration: 2003 - 2005

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation