Case: EEOC v. Boca Chica, Inc. D/B/A Loca Luna Restaurant

1:03-cv-02602 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 29, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 29, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Atlanta U.S. District Court for the Northern District of Georgia against Boca Chica, Inc., (doing business as Loca Luna Restaurant) to enforce an agreement the parties had reached to settle a sexual harassment charge a female employee had filed with the EEOC. The EEOC sought monetary and injunctive relief, including specific performance of the requirements of the settlement, the employee's legal fees and co…

On August 29, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Atlanta U.S. District Court for the Northern District of Georgia against Boca Chica, Inc., (doing business as Loca Luna Restaurant) to enforce an agreement the parties had reached to settle a sexual harassment charge a female employee had filed with the EEOC. The EEOC sought monetary and injunctive relief, including specific performance of the requirements of the settlement, the employee's legal fees and costs in attempting to collect the amount owed, compensation for losses resulting from breach of the settlement, and punitive damages.

Before the EEOC investigates charges it sometimes has the parties participate in mediation. The settlement agreement had been reached during one such mediation session and required Boca Chica to pay the employee $50,000 and provide a neutral reference. The parties had also agreed to a non-disparagement clause. At the end of the mediation session, the employee said something to the effect of "I hope you guys have learned a lesson." The defendant subsequently claimed that the comment violated the non-disparagement clause and refused to comply with the agreement.

The parties eventually reached a settlement, which the Court entered as a consent decree on September 29, 2004. The 13-month decree provided monetary relief and subjected Boca Chica to a variety of injunctive provisions. Boca Chica was required to pay the employee $50,000 and supply a neutral reference, just as the original agreement provided. However, Boca Chica was further required to post an equal employment notice and to appoint a compliance official to oversee compliance with the decree. The parties bore their own costs and fees. The case is now closed.

Summary Authors

Kenneth Gray (7/29/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243242/parties/equal-employment-v-boca-chica-inc/

Judge(s)

Baverman, Alan J. (Georgia)

Camp, Jack Tarpley Jr. (Georgia)

Attorney for Plaintiff

Dreiband, Eric S. (District of Columbia)

Attorney for Defendant

Cleek, Alisa Pittman (Georgia)

Friedman, Elliott M (Georgia)

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Documents in the Clearinghouse

Document

1:03-cv-02602

Docket (PACER)

Equal Employment v. Boca Chica, Inc.

Sept. 30, 2004

Sept. 30, 2004

Docket
1

1:03-cv-02602

Complaint

Equal Employment Opportunity Commission v. Boca Chica, Inc., d/b/a Loca Luna Restaurant

Aug. 29, 2003

Aug. 29, 2003

Complaint
31

1:03-cv-02602

Consent Decree

Equal Employment Opportunity Commission v. Boca Chica, Inc., d/b/a Loca Luna Restaurant

Sept. 24, 2004

Sept. 24, 2004

Settlement Agreement

1:03-cv-02602

EEOC Litigation Settlement Report - July 2004

EEOC v. Boca Chica, Inc., d/b/a Loca Luna Restaurant

No Court

Nov. 15, 2004

Nov. 15, 2004

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243242/equal-employment-v-boca-chica-inc/

Last updated April 18, 2025, 8:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (jdb) (Entered: 09/02/2003)

Aug. 29, 2003

Aug. 29, 2003

RECAP
2

WAIVER OF SERVICE Returned Executed as to Boca Chica, Inc. mailed 8/29/03 Answer due by 10/28/03 for Boca Chica, Inc. (cdg) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
3

ANSWER by defendant to complaint [1-1] (cdg) (Entered: 10/31/2003)

Oct. 28, 2003

Oct. 28, 2003

PACER
4

Attorney appearance for plaintiff by Marcus G. Keegan (cdg) (Entered: 11/03/2003)

Oct. 29, 2003

Oct. 29, 2003

PACER
5

Dft's Certificate of interested persons. (to mag) (cdg) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

PACER
7

ANSWERS TO INITIAL DISCLOSURES by plaintiff (cdg) (Entered: 12/04/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
6

ANSWERS TO INITIAL DISCLOSURES by defendant (cdg) (Entered: 12/04/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
8

Preliminary Report and Discovery Schedule. (to mag) (cdg) (Entered: 12/04/2003)

Dec. 3, 2003

Dec. 3, 2003

PACER
9

ENDORSED SCHEDULING ORDER by Mag Judge Alan J. Baverman APPROVING [8-1] preliminary statement (cc) (cdg) (Entered: 12/12/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
10

Notice of filing certificate of consent by defendant. (cdg) (Entered: 01/06/2004)

Dec. 31, 2003

Dec. 31, 2003

PACER
11

Attorney appearance of Ellitt M. Friedman for defendant (cdg) (Entered: 01/06/2004)

Dec. 31, 2003

Dec. 31, 2003

PACER
12

MOTION by defendant to substitute attorney with brief in support. (cdg) (Entered: 01/06/2004)

Dec. 31, 2003

Dec. 31, 2003

PACER
13

Certificate of service as to responses and objections to plaintiffs' 1st req for prod of docs and responses and objections to pla's 1st set of interrogatories by defendant. (kt) (Entered: 01/07/2004)

Jan. 5, 2004

Jan. 5, 2004

PACER
14

Certificate of service for discovery as to plaintiff (cdg) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

PACER
15

Notice of filing proof of service of subpoena by plaintiff. (cdg) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

PACER
16

ORDER by Mag Judge Alan J. Baverman GRANTING [12-1] motion to substitute attorney terminating attorney Alexandra O. Liner for Boca Chica, Inc. and adding Elliott M. Friedman (cc) (adg) (Entered: 03/01/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
17

Joint MOTION to extend discovery period through 5/28/04 . (to AJB) (dfb) (Entered: 03/29/2004)

March 25, 2004

March 25, 2004

PACER
18

ORDER by Mag Judge Alan J. Baverman GRANTING [17-1] joint motion to extend discovery. Discovery ends 5/28/04 . (cc by Mag Chmbrs) (dfb) (Entered: 03/29/2004)

March 25, 2004

March 25, 2004

PACER
20

Certificate of service as to plaintiff's supplemental responses and objections to defendant's 1st interrogatories. (adg) (Entered: 04/20/2004)

April 14, 2004

April 14, 2004

PACER
19

Certification of Consent to Substitution of Counsel for Boca Chica, Inc. Patrick L. Lail replacing attorney Alisa Loretta Pittman for Boca Chica, Inc. (kt) (Entered: 04/19/2004)

April 15, 2004

April 15, 2004

PACER
21

Certificate of service as to plaintiff's supplemental responses and objections to defendant's 1st request for production of documents. (kt) (Entered: 04/21/2004)

April 19, 2004

April 19, 2004

PACER
22

Certificate of service of discovery as to plaintiff (cdg) (Entered: 05/17/2004)

May 12, 2004

May 12, 2004

PACER
23

Certificate of service of discovery as to plaintiff (cdg) (Entered: 05/26/2004)

May 21, 2004

May 21, 2004

PACER
24

Joint MOTION to extend time thru 6/18/04 for discovery and thru 7/08/04 to file any dispositive motions (to GGB) (cdg) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
25

ORDER by Mag Judge Alan J. Baverman, extending time thru 7/08/04 for discovery (cc) (cdg) (Entered: 05/27/2004)

May 26, 2004

May 26, 2004

PACER
26

AMENDED ANSWERS TO INITIAL DISCLOSURES by plaintiff (cdg) (Entered: 06/03/2004)

May 27, 2004

May 27, 2004

PACER
27

Certificate of service of noticeof subpoena as to defendant (cdg) (Entered: 06/03/2004)

May 28, 2004

May 28, 2004

PACER
28

MOTION by plaintiff to quash the subpoenas with brief in support. (cdg) (Entered: 06/14/2004)

June 9, 2004

June 9, 2004

PACER
29

ORDER by Mag Judge Alan J. Baverman GRANTING [24-1] joint motion to extend time thru 6/18/04 for discovery and thru 7/08/04 to file any dispositive motions (cc) (cdg) (Entered: 06/14/2004)

June 10, 2004

June 10, 2004

PACER
30

Certificate of service of discovery as to plaintiff (cdg) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

PACER
31

CONSENT DECREE by parties Signed by Judge Jack T. Camp on 9/20/04. (cdg) (Entered: 09/28/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER
32

ORDER DENYING AS MOOT 28 Motion to Quash. Signed by Judge Alan J. Baverman on 9/30/04. (cdg) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 29, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee

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

Boca Chica, Inc. (d/b/a Loca Luna Restaurant), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

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

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Amount Defendant Pays: $50,000

Order Duration: 2004 - 2005

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits