Case: EEOC v. ELIAS BROTHERS RESTAURANTS, INC (d/b/a BIG BOY RESTAURANT, WESTLAND)

2:98-cv-74231 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 30, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

In September 1998, the Detroit office of the EEOC brought this ADA suit against Elias Brothers Restaurants, Inc. d/b/a Big Boy Restaurant, Westland in the U.S. District Court for the Eastern District of Michigan. The complaint alleged that the defendant discriminated against the claimant because of her disability (epilepsy). The claimant intervened in the EEOC's suit in December 1998. The defendant filed a motion for summary judgment in November 1999, and the court denied the motion in January 2000. The case settled by entry of a consent decree in July 2000.

The 18 month consent decree required the defendant to pay the claimant $30,000, refrain from discrimination and retaliation, provide ADA training for all current and future employees, officers, executives, managers and supervisors, revise its current harassment policy, post notice, and give semi-annual compliance reports to the EEOC.

Summary Authors

Kevin Wilemon (7/2/2007)

Documents in the Clearinghouse

Document

2:98-cv-74231

Docket (PACER)

EEOC v. Elias Bros Restr Inc

July 25, 2000

July 25, 2000

Docket
72

2:98-cv-74231

Consent Decree

EEOC v. Elias Brothers Restaurants Inc

July 25, 2000

July 25, 2000

Settlement Agreement

Resources

Docket

Last updated Aug. 6, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand - Receipt # USA (dp) (Entered: 10/01/1998)

Sept. 30, 1998

Sept. 30, 1998

2

AMENDED complaint 1 by plaintiff with jury demand (LS) (Entered: 10/14/1998)

Oct. 9, 1998

Oct. 9, 1998

3

ANSWER by defendant Elias Bros Restr Inc to complaint [1-1] (lg) (Entered: 10/30/1998)

Oct. 27, 1998

Oct. 27, 1998

4

AFFIRMATIVE defenses by defendant Elias Bros Restr Inc (lg) (Entered: 10/30/1998)

Oct. 27, 1998

Oct. 27, 1998

5

PROOF of mailing of defendant's answer to complaint, affirmative defenses (lg) (Entered: 10/30/1998)

Oct. 27, 1998

Oct. 27, 1998

6

MOTION by Amy Bowman to intervene with brief (LS) (Entered: 11/09/1998)

Nov. 9, 1998

Nov. 9, 1998

7

MOTION by Amy Bowman to intervene with brief (dp) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

8

ORDER by Judge Bernard A. Friedman, referring motion to intervene by Amy Bowman [6-1] to Magistrate Judge Donald Scheer for hearing and determination (lg) (Entered: 11/13/1998)

Nov. 10, 1998

Nov. 10, 1998

9

NOTICE by court of hearing on motion to intervene by Amy Bowman [6-1] set for 2:00 12/9/98, motion to intervene by Amy Bowman [7-1] set for 2:00 12/9/98 (kg) (Entered: 11/19/1998)

Nov. 18, 1998

Nov. 18, 1998

10

NOTICE by the court of a scheduling conference set for 10:00 12/10/98 (LS) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

MOTION hearing held on motion to intervene by Amy Bowman [6-1], motion to intervene by Amy Bowman [7-1] - disposition: motion granted - Magistrate Judge Donald A. Scheer - Tape #DAS 98-161 (RJ) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

11

PRETRIAL scheduling order by Judge Bernard A. Friedman - deadline for witness list set for 3/10/99 , deadline for discovery set for 5/10/99 , deadline for mediation referral set for 5/10/99 , deadline for filing motions set for 6/10/99 , final pretrial conference set for 2:30 9/29/99 , civil jury trial set for 9:00 10/5/99 (kg) (Entered: 12/11/1998)

Dec. 10, 1998

Dec. 10, 1998

SCHEDULING conference held - Judge Bernard A. Friedman (cd) (Entered: 12/16/1998)

Dec. 10, 1998

Dec. 10, 1998

12

ORDER by Magistrate Judge Donald A. Scheer granting motion to intervene by Amy Bowman [6-1] (lg) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

13

INTERVENOR'S complaint by Amy Bowan against defendant Elias Bros Restr Inc with proof of mailing and jury demand (lg) (Entered: 12/30/1998)

Dec. 28, 1998

Dec. 28, 1998

14

ANSWER by defendant Elias Bros Restr Inc to intervenor complaint [13-1] with proof of mailing (nh) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

15

AFFIRMATIVE defenses by defendant Elias Bros Restr Inc with proof of mailing (nh) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

16

PROOF of mailing by intervenor Amy Bowan of answer to defendant's interrogatories and reply to defendant's first request for production of documents to plaintiff (cm) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

17

PROOF of mailing of answers to interrogatories. (cf) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

18

RESPONSE by plaintiff EEOC to affirmative defenses by Elias Bros Restr Inc [15-1] with proof of mailing (kg) (Entered: 02/10/1999)

Feb. 9, 1999

Feb. 9, 1999

19

WITNESS list by intervening plaintiff EEOC with proof of mailing (nh) Modified on 03/11/1999 (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

20

WITNESS list by defendant Elias Bros Restr Inc with proof of mailing (nh) (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

21

WITNESS list by plaintiff EEOC with proof of mailing. (cf) (Entered: 03/15/1999)

March 15, 1999

March 15, 1999

22

MOTION by intervenor Amy Bowan to compel discovery and to extend dates in scheduling order by 90 days with brief, attachments 1-8, notice of hearing and proof of mailing (dp) (Entered: 04/15/1999)

April 15, 1999

April 15, 1999

23

NOTICE by Judge Bernard Friedman of setting hearing on motion to compel discovery by [22-1] and motion to extend dates in scheduling order by 90 days by Amy Bowan [22-2] for 2:00 on 5/5/99 with proof of mailing (dp) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

24

RESPONSE by defendant Elias Bros Restr Inc to motion to compel discovery by Amy Bowan [22-1], and motion to extend in scheduling order by 90 days by Amy Bowan [22-2] with brief and proof of mailing (nh) (Entered: 04/28/1999)

April 27, 1999

April 27, 1999

25

NOTICE by plaintiff EEOC of taking depositions of Andy Abouselah at 10:00 am and Sam Dubaneh at 2:00 pm on 5/6/99; Jan Fergusen at 10:00 am and Sue Stenseng at 2:00 pm on 5/7/99 with proof of mailing (nh) (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

MOTION hearing held on motion to extend dates in scheduling order by 90 days by Amy Bowan [22-2] - disposition: grant - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 05/10/1999)

May 5, 1999

May 5, 1999

27

PRETRIAL scheduling order (amended) by Judge Bernard A. Friedman - setting deadline for witness list for 8/6/99 , setting deadline for discovery for 10/8/99 , setting deadline for mediation referral for 10/8/99 , setting deadline for filing motions for 11/5/99 , setting final pretrial conference for 3:00 2/28/00 , setting civil jury trial for 9:00 3/7/00 . (cf) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

28

ORDER by Judge Bernard A. Friedman mooting motion to compel discovery by Amy Bowan [22-1], and granting motion to extend dates in scheduling order by 90 days by Amy Bowan [22-2] with proof of mailing. (cf) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

29

NOTICE by EEOC of taking deposition of Jan Ferguson 5/24/99 at 1:30 p.m. , taking deposition of Sue Stenseng 5/24/99 at 3:30 p.m. , taking deposition of Andy Absaleh 5/25/99 at 10:00 a.m. , and taking deposition of Sam Dabaneh 5/25/99 at 2:00 p.m. with proof of mailing. (cf) (Entered: 05/12/1999)

May 11, 1999

May 11, 1999

30

PROOF of mailing by defendant Elias Bros Restr Inc of answers to intervening plaintiff's first set of interrogatories, first request for production of documents and things and answers to plaintiff's affirmative defense interrogatories (dh) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

31

PROOF of mailing by defendant Elias Bros Restr Inc of answers to plaintiff EEOC's first set of interrogatories and request for produciton of documents (dh) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

32

PROOF of mailing of plaintiff's Equal Employment Opportunity Commission's first set of requests for admissions (lg) (Entered: 07/15/1999)

July 14, 1999

July 14, 1999

33

PROOF of mailing by plaintiff EEOC of notice of depositions (dh) (Entered: 08/12/1999)

Aug. 11, 1999

Aug. 11, 1999

34

PROOF of mailing by plaintiff EEOC of re-notice of deposition of Sue Stenseng (dh) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

35

PROOF of mailing of notice of deposition of intervening plaintiff. (cf) (Entered: 08/20/1999)

Aug. 19, 1999

Aug. 19, 1999

36

PROOF of mailing of plaintiff's re-notice of taking deposition of Jan Ferguson (nh) (Entered: 08/30/1999)

Aug. 27, 1999

Aug. 27, 1999

37

PROOF of mailing of re-notice of taking deposition of intervening plaintiff (nh) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

38

PROOF of mailing of request for production of documents to intervening plaintiff, and notice to independent Medical Examination with Dr. Leonard Sahn (nh) (Entered: 09/03/1999)

Sept. 2, 1999

Sept. 2, 1999

40

PROOF of mailing by defendant Elias Bros Restr Inc of request for production of documents to plaintiff EEOC, subpoena and notice of records deposition for Target Store, notice of Independent Medical Examination with Sue Ellen Jurcak (dh) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

41

PROOF of mailing by plaintiff EEOC of notice of depositions (dh) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

42

PROOF of mailing by plaintiff EEOC of second set of interrogatories and request for production of documents (dh) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

39

WITNESS list (supplemental) by Amy Bowan with proof of mailing. (cf) (Entered: 09/09/1999)

Sept. 9, 1999

Sept. 9, 1999

43

PROOF of mailing by defendant of response to plaintiff's first set of requests for admission (LS) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

44

PROOF of mailing by EEOC of notice of deposition (kg) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

45

PROOF of mailing of request for admissions (lg) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

46

PROOF of mailing by plaintiff of notice of deposition (LS) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

47

ORDER by Judge Bernard A. Friedman, of referral to Mediation Tribunal Association [EOD Date 11/3/99] (kg) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

48

PROOF of mailing by defendant of request for production of documents (kg) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

49

MOTION by defendant Elias Bros Restr Inc for summary judgment with brief, attachments 1-9, notice of hearing and proof of mailing (cm) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

50

NOTICE by the court of setting hearing on motion for summary judgment by Elias Bros Restr Inc [49-1] for 2:00 1/19/00 , and setting deadline for response to motion for 12/6/99 with proof of mailing (cm) (Entered: 11/09/1999)

Nov. 8, 1999

Nov. 8, 1999

51

STIPULATION and agreement by defendant Elias Bros Restr Inc and plaintiff EEOC that defendant will provide complete responses to the Commission's second set of interrogatories and request for production of documents to defendant by 11/18/99. [EOD Date: 11/17/99] (cf) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

52

MOTION by intervenor Amy Bowan to compel discovery with brief, notice of hearing, exhibits and proof of mailing (lg) (Entered: 11/24/1999)

Nov. 23, 1999

Nov. 23, 1999

53

ORDER by Judge Bernard A. Friedman, referring motion to compel discovery by Amy Bowan [52-1] to Magistrate Judge Donald A. Scheer for hearing and determination [EOD Date 11/29/99] (lg) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

54

RESPONSE by defendant Elias Bros Restr Inc to motion to compel discovery by Amy Bowan [52-1] with brief and proof of mailing (kg) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

55

NOTICE by court of setting hearing on motion to compel discovery by Amy Bowan [52-1] for 2:00 12/21/99 with proof of mailing (kg) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

56

PROOF of mailing of answers to discovery (kg) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

57

RESPONSE by plaintiff EEOC to motion for summary judgment by Elias Bros Restr Inc [49-1] with brief, exhibits and proof of mailing. (cf) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

58

RESPONSE by intervenor Amy Bowan to motion for summary judgment by Elias Bros Restr Inc [49-1] and concurrence in plaintiff EEOC response to defendant's motion for summary judgment (document #57) with proof of mailing. (cf) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

MOTION hearing adjourned on motion to compel discovery by Amy Bowan [52-1] to 2:00 1/13/00 - Magistrate Judge Donald A. Scheer (RJ) (Entered: 12/27/1999)

Dec. 21, 1999

Dec. 21, 1999

59

APPEARANCE for plaintiff EEOC of attorney Tammy C. Klein (60256), 477 Michigan Avenue, Detroit, MI 48226, 313-226-5673. (Note: Given to Attorney Roll Clerk.) (cf) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

60

REPLY brief by defendant Elias Bros Restr Inc to response (document #57) to motion for summary judgment by Elias Bros Restr Inc [49-1] with exhibits and proof of mailing. (cf) (Entered: 12/27/1999)

Dec. 23, 1999

Dec. 23, 1999

61

PROOF of mailing of plaintiff's notice of appearance (lg) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

MOTION hearing held on motion to compel discovery by Amy Bowan [52-1] - disposition: motion denied - Magistrate Judge Donald A. Scheer - Tape DAS 00-010 (RJ) (Entered: 01/13/2000)

Jan. 13, 2000

Jan. 13, 2000

62

PROOF of mailing by plaintiff of plaintiff's notice of deposition (LS) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

63

MEMORANDUM opinion and order by Judge Bernard A. Friedman denying motion for summary judgment by Elias Bros Restr Inc [49-1] with proof of mailing [EOD Date: 1/28/00] (LS) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

64

PROOF of mailing by defendant of correct copies (kg) (Entered: 02/07/2000)

Feb. 4, 2000

Feb. 4, 2000

65

PROOF of mailing of re-notice of taking de bene esse video deposition of Dr. Lawrence M. Eilender, M.D. (lg) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

66

PROOF of mailing of plaintiff Equal Employemnt Opportunity commision's notice of depositions (lg) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

67

MOTION by intervenor Amy Bowan to amend complaint to add Ansara Corporation as a party defendant [1-1] and in limine to allow consideration of the number of employees and profit analysis of all restaurants managed by the Ansara Corporation for the purpose of punitive damages with brief, attachments 1-5, proof of mailing (dh) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

68

PROOF of mailing by plaintiff of re-notice of deposition (LS) (Entered: 03/10/2000)

March 9, 2000

March 9, 2000

69

RESPONSE by defendant Elias Bros Restr Inc to motion to amend complaint to add Ansara Corporation as a party defendant [1-1] [67-1] and motion in limine to allow consideration of the number of employees and profit analysis of all restaurants managed by the Ansara Corporation for the purpose of punitive damages by Amy Bowan [67-2] with brief, attachment and proof of mailing (kg) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

70

PROOF of mailing by plaintiff EEOC of re-notice of deposition (dh) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

71

ORDER by Judge Bernard A. Friedman that case is dismissed with prejudice; with proof of mailing [EOD Date: 4/3/00] (nh) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

72

CONSENT decree entered by Judge Bernard A. Friedman; with attachment A [EOD Date: 7/26/00] (dp) (Entered: 07/26/2000)

July 25, 2000

July 25, 2000

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1998

Closing Date: 2000

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

Elias Brothers Restaurants, Inc. (Westland, MI), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

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: 30000

Order Duration: 2000 - 2002

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit