Case: EEOC v. LE PAFE, INC.

2:98-cv-07297 | U.S. District Court for the Central District of California

Filed Date: Sept. 8, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

The Los Angeles District Office filed this case in the U.S. District Court for the Central District of California. The defendant was Le Pafe, Inc., also known as La Chef Bakery. It was alleged that the complainant was fired on the basis of his perceived disability in violation of the Americans with Disabilities Act. The lawsuit was filed in September 1998 and was eventually resolved by consent decree in June 1999. The complainant, who did not intervene in the case, was awarded $20,000 in damages. In addition, the company had to provide annual training and distribute copies of its employee handbook containing its ADA policy. The duration of the consent decree was four years.

Summary Authors

Kevin Wilemon (7/29/2007)

Documents in the Clearinghouse

Document

2:98-cv-07297

Docket [PACER]

EEOC v. Le Pafe, Inc

June 21, 1999

June 21, 1999

Docket
15

2:98-cv-07297

Consent Decree

EEOC v. Le Pafe, Inc., d/b/a "La Chef Bakery"

June 21, 1999

June 21, 1999

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issued referred to Discovery Ann I. Jones; jury demand (jp) (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

2

MINUTES by Judge Manuel L Real: you are hereby ord to appear before this crt on 11:00 2/8/99 to show cause why this actn should not be dism for want of prosecution. Such dism is w/o prej. (An appearance will be necessary). No p/s is on file w/this crt; CR: na (jc) Modified on 02/08/1999 (Entered: 01/28/1999)

Jan. 26, 1999

Jan. 26, 1999

DOCUMENT Req for jgm by dflt; Memo of PA; Ord of dflt jgm; Received and Returned 1)no proof of service of S/C has been filed. 2)Amount req must be a sum certain, therefore if you are req pymt in certain amnt of time & via cert mail you should submit an order before the Judge to determine your dflt jgm. (twdb) (Entered: 02/04/1999)

Feb. 4, 1999

Feb. 4, 1999

5

MINUTES: osc re dism for failure to file prf of svc of summons & cmp. The plf indicates dft was srvd & dflt has been obtained. The crt sets the mtr for dflt jgm prove up on 2/22/99, 11:00. by Judge Manuel L. Real CR: William Stephesn (twdb) (Entered: 02/12/1999)

Feb. 8, 1999

Feb. 8, 1999

3

REQUEST by plaintiff USEEOC to reschedule prove-up default hrg (twdb) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

3

ORDER by Judge Manuel L. Real granting request [3-1] ; IN COURT HEARING RE: Prove-up default hrg set on 10:00 3/8/99 (twdb) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

4

Proof of service of Sums & svc of request to waiver svc of sums; P/S S/C executed upon Jonathan Lau on 12/22/98 by personal svc by delivering S/C; Ntc of assignment to US Mag/Judge; ntc of right to consent to disposition of a civil case by a US Mag/Judge; ntc to cnsl; clerk's office svc for attys & the general public brochure; USDC of CA civility & professional guidelines; Request to waiver svc of S/C domestic rtn receipt on 10/14/98 (signature undecipherable) (jc) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

6

NOTICE OF DISCREPANCY AND ORDER: EEOC 2nd subm of req to clerk for deflt jdmt, ord of deflt jdmt by clerk, if for clerk, premature for jdmt and not a type of sum certain a clerk is auth to sign; clerk cannot process deflt in that the proof is on a pty not named in the cmplt (Jonathan Lau), actual wv of srv sent to named defts, not on file; however plf has prf up hrg on 2/22/99; also deflt must be ent by clerk bf deflt jdmt can be addrerssed to crt- be rejected by Judge Manuel L. Real (lc) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

7

ANSWER filed by defendant Le Pafe Inc dba LeChef Bakery to complaint [1-1]; jury demand (jc) (Entered: 03/01/1999)

Feb. 26, 1999

Feb. 26, 1999

9

Ntc of settlement procedure selection & ORDER by Judge Manuel L. Real (twdb) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

10

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 2-3 dys (twdb) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

11

MINUTES: ; mandatory settlement conference 10:00 6/30/99 . It is fur ord that ea pty sh deliver to chambers of the Mag Judge a confidential sttlmnt conf stmt on or before 6/23/99. by Discovery Ann I. Jones CR: n/a (twdb) (Entered: 04/15/1999)

April 12, 1999

April 12, 1999

12

Ntc of pretrial conf & ORDER by Judge Manuel L. Real ; pretrial conference on 11:00 7/12/99 (twdb) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

13

MINUTES: Sttlmnt conf cont to 2:00 ; settlement conference 2:00 6/30/99 . All provisions of the crt's 4/12/99 ord remain in effect. by Discovery Ann I. Jones CR: n/a (twdb) (Entered: 06/11/1999)

June 9, 1999

June 9, 1999

LODGED/PROPOSED consent decree ORDER submitted by plaintiff USEEOC .(FWD TO CRD) (twdb) (Entered: 06/17/1999)

June 14, 1999

June 14, 1999

14

MINUTES: On the crt own mot the 6/30 mandatory sttlmnt conf is taken off cal. ; settlement conference vac by Discovery Ann I. Jones CR: n/a (twdb) (Entered: 06/18/1999)

June 16, 1999

June 16, 1999

15

CONSENT DECREE by Judge Manuel L. Real against defendant Le Pafe Inc. It is ord that dft sh pay Jorge Garces $20,000.00 in damages. In event dft fails to timely adhere to the above sched, dft will be penalized $20.00 for ea dy it is late. Ea pty sh bear its own crt costs & attys fees. terminating case (ENT 6/22/99), MD JS-6, mld cpys & ntcs. (twdb) (Entered: 06/22/1999)

June 21, 1999

June 21, 1999

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 8, 1998

Closing Date: 1999

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

Le Pafe, Inc., 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: 20000

Order Duration: 1999 - 2003

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits