Case: EEOC v. LUBY'S INC

2:04-cv-01094 | U.S. District Court for the District of Arizona

Filed Date: May 27, 2004

Closed Date: Oct. 19, 2007

Clearinghouse coding complete

Case Summary

In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the defendant violated the American with Disabilities Act of 1990 ("ADA") by discriminating against the charging party, an employee with an intellectual disability. Specifically, the defendant failed to reasona…

In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the defendant violated the American with Disabilities Act of 1990 ("ADA") by discriminating against the charging party, an employee with an intellectual disability. Specifically, the defendant failed to reasonably accommodate the charging party's disability and subjected her to harassment, resulting in her constructive discharge. The charging party intervened in the suit in August 2004. After some discovery, the EEOC filed a partial motion for summary judgment in August 2005, and the defendant filed a complete motion for summary judgment that same day. Both of these motions were granted in part and denied in part in December 2005. After some more discovery, the parties finally settled in April 2006 through a consent decree.

The eighteen-month decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide annual ADA training to its employees, post and distribute its anti-discrimination policies, report to the EEOC every six months, and pay $60,000 for the charging party's attorneys' fees. In addition, the defendant agreed to: send the charging party a letter of apology, provide her with a neutral employment reference, expunge her personnel file of all references to the charge of discrimination, apologize to her, and pay her $90,000.

The decree was entered in April 2006 and scheduled to last until October 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (6/26/2007)

Clearinghouse (11/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4631183/parties/eeoc-v-lubys-inc/


Judge(s)

Campbell, David G. (Arizona)

Attorneys(s) for Plaintiff

Chen, Tin-Tin Diana (Arizona)

Marshall, Michelle G. (Arizona)

Nutter, Karen E. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Birnbaum, Gary L. (Arizona)

Brockelman, Kent (Arizona)

Fatica, Kimberly A. (Arizona)

Judge(s)

Campbell, David G. (Arizona)

Attorneys(s) for Plaintiff

Chen, Tin-Tin Diana (Arizona)

Marshall, Michelle G. (Arizona)

Nutter, Karen E. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Birnbaum, Gary L. (Arizona)

Brockelman, Kent (Arizona)

Fatica, Kimberly A. (Arizona)

Robinson, Terrence B. (Texas)

Rubin, Michael S. (Arizona)

Other Attorney(s)

Daley-Rooney, Rose Ann (Arizona)

Rico, Jose De Jesus (Arizona)

Documents in the Clearinghouse

Document

2:04-cv-01094

Docket

EEOC v. Luby's Inc

May 9, 2006

May 9, 2006

Docket
189

2:04-cv-01094

Order [Regarding Motions for Partial Summary Judgment]

EEOC v. Luby's Inc

2005 WL 3560616, 2005 U.S.Dist.LEXIS 38089

Dec. 29, 2005

Dec. 29, 2005

Order/Opinion
268

2:04-cv-01094

Consent Decree

EEOC v. Luby's Inc

April 19, 2006

April 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4631183/eeoc-v-lubys-inc/

Last updated Aug. 24, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (ESH) (Entered: 05/27/2004)

May 27, 2004

May 27, 2004

2

ORDER by Judge David G. Campbell Pla shall effect service of the complaint and summons on all dfts within 120 days after the filing of the complaint. Initial order shall serve as notice to pla under Rule 4(m) that the Court may dismiss this action without further notice with respect to any dft(s) named in the complaint that are not served within this time period. Pla (s) shall notify Court in writing when service has been accomplished on dft(s) in accordance with Rule 4 and shall request Court set a Case Management Conference. Pla(s) shall provide notification to the Court within 10 days after service of the complaint on all dft(s). Upon receipt of such notice, Court will issue an order setting Rule 16 Case Management Conference that directs parties to comply with Rule 26(f) of the Fed Rules of Cv Procedure and describes the Case Management Report that must be filed by parties before the Case Management Conference. As stated in Rule 16(d), parties shall not seek disc from any source until they have conferred as required by Rule 26(f). Pla(s) shall ensure that all dft(s) promptly receive a copy of this order.(cc: all counsel) re: order filed [2−1] (DMT) (ADI−ICMS, ). (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

3

AMENDED COMPLAINT by pla;; jury demand [1−1] ; (DMT) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

4

RETURN OF SERVICE EXECUTED summons/complaint upon dft Luby's Inc on 6/4/04 in San Antonio, TX (DMT) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

5

RETURN OF SERVICE EXECUTED summons/complaint upon dft Luby's Inc on 6/17/04 in San Antonio, TX (DMT) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

6

CORPORATE DISCLOSURE STATEMENT by dft (DMT) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

7

ANSWER to complaint [1−1], complaint (amended) [3−1] by dft; jury demand (DMT) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

8

MOTION for admission pro hac vice as to Terrence B Robinson of Neel & Hooper 1700 W Loop South Suite 1400 Houston, TX 77027, atty for dft [8−1] (DMT) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

Pro Hac Vice $25 Fee Paid as to Terrence B Robinson (BAS) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

10

ORDER by Judge David G. Campbell ; prel scheduling conf set for 10:00 7/30/04 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

11

NOTICE by pla of service of initial order of 6/7/04 and amended complaint summons on dft (DMT) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

12

ORDER by Judge David G. Campbell ; prel scheduling conf reset for 10:00 8/13/04 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

13

CASE MGT PLAN/REPORT: ; ; (DMT) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

14

MOTION to intervene as pla by Sally Case [14−1] (lodged pla's intervenor complaint at docket clerk's desk) (DMT) (Entered: 08/10/2004)

Aug. 9, 2004

Aug. 9, 2004

15

MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Patricia Lyons. Appearances: Sally Shanley for pla; Kimberly Fatica for dft; Rose Daly−Rooney for intervenor Sally Case. Motion to intervene discussed and granted. Order to follow. Preliminary scheduling conference held. Dispositive motions due 7/1/05. Order to follow. [cc: DGC] [15−2] (LMR) (Entered: 08/17/2004)

Aug. 13, 2004

Aug. 13, 2004

16

ORDER by Judge David G. Campbell granting motion to intervene as pla by Sally Case [14−1] pursuant to Federal Rule of Civil Procedure 24(a); FURTHER ORDERED that the complaint lodged with the motio to intervene is deemed filed as of the date of this order (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

17

INTERVENOR COMPLAINT by intervenor pla Sally Case (OK to file per order #16 8/18/04) (LAD) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

18

SCHEDULING ORDER by Judge David G. Campbell ; discovery due 6/1/05 (cc: all counsel) re: order (scheduling) [18−1] (LAD) (ADI−ICMS, ). (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

19

ANSWER to intervenor complaint [17−1] by dft Luby's Inc; jury demand (DMT) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

20

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case (DMT) (Entered: 09/15/2004)

Sept. 10, 2004

Sept. 10, 2004

21

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (KCS) (Entered: 09/21/2004)

Sept. 16, 2004

Sept. 16, 2004

22

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 09/22/2004)

Sept. 20, 2004

Sept. 20, 2004

23

NOTICE of service of discovery by dft Luby's Inc . (KCS) Modified on 10/21/2004 (Entered: 09/24/2004)

Sept. 23, 2004

Sept. 23, 2004

24

MOTION to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 10/20/2004)

Oct. 15, 2004

Oct. 15, 2004

25

NOTICE by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 12/15/04 (KCS) (Entered: 10/27/2004)

Oct. 26, 2004

Oct. 26, 2004

26

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KCS) (Entered: 10/27/2004)

Oct. 26, 2004

Oct. 26, 2004

27

NOTICE of service of discovery responses by pla EEOC . (FMP) (Entered: 11/02/2004)

Oct. 28, 2004

Oct. 28, 2004

28

ATTORNEY APPEARANCE for dft Luby's Inc by Michael S Rubin, Gary L Birnbaum w/ Mariscal, Weeks, McIntyre & Friedlander PA (FMP) (Entered: 11/03/2004)

Oct. 29, 2004

Oct. 29, 2004

29

STIPULATION to extend time for 1 week, up to & including 11/08/04 to respond to Intervenor/Pla's Motion for Disqualification of Counsel by dft Luby's Inc, intervenor−plaintiff Sally Case (FMP) (Entered: 11/03/2004)

Oct. 29, 2004

Oct. 29, 2004

31

MOTION to exceed the page limit for doc(s) response by dft Luby's Inc [31−1] to pla's motion for disqualification of cnsl (lodged response at docket clerk's desk) (DMT) (Entered: 11/16/2004)

Nov. 8, 2004

Nov. 8, 2004

32

STIPULATION as to mental health treatment records by pla, dft (DMT) (Entered: 11/16/2004)

Nov. 12, 2004

Nov. 12, 2004

33

ORDER by Judge David G. Campbell granting motion to exceed the page limit for doc(s) response by dft Luby's Inc [31−1] to pla's motion for disqualification of cnsl (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

34

RESPONSE by dft to motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

35

PROTECTIVE ORDER by Judge David G. Campbell : granting stipulation as to mental health treatment records by pla, dft (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

36

STIPULATION to extend time to respond to dfts reply for disqualification of counsel by pla EEOC (SRB) (Entered: 11/24/2004)

Nov. 17, 2004

Nov. 17, 2004

37

REPLY by pla to response to motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 11/30/2004)

Nov. 22, 2004

Nov. 22, 2004

38

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

39

ORDER by Judge David G. Campbell granting stipulation to extend time to 11/22/04 for pla−intervenor to reply to dfts response for disqualification of counsel by pla EEOC (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

40

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (SRB) (Entered: 12/03/2004)

Nov. 30, 2004

Nov. 30, 2004

41

NOTICE by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 12/15/04 (SRB) (Entered: 12/03/2004)

Nov. 30, 2004

Nov. 30, 2004

42

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case (KMG) (Entered: 12/07/2004)

Dec. 2, 2004

Dec. 2, 2004

43

NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case on the following date(s): 12/16/04 (KMG) (Entered: 12/07/2004)

Dec. 2, 2004

Dec. 2, 2004

44

NOTICE by dft Luby's Inc OF TAKING DEPO OF Jennifer Case on the following date(s): 12/16/04 (KMG) (Entered: 12/07/2004)

Dec. 2, 2004

Dec. 2, 2004

45

NOTICE of compliance of third suppl disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (KMG) (Entered: 12/07/2004)

Dec. 2, 2004

Dec. 2, 2004

46

SUPPLEMENTAL by dft Luby's Inc to response to motion for disquailification of counsel [34−1] (SRB) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

47

ORDER by Judge David G. Campbell denying motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

48

NOTICE (amended) by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 03/03/05 @ 9:00 a.m. (KCS) (Entered: 01/14/2005)

Jan. 11, 2005

Jan. 11, 2005

49

NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case on the following date(s): 02/02/05 @ 10:00 a.m. (KCS) (Entered: 01/14/2005)

Jan. 11, 2005

Jan. 11, 2005

50

NOTICE by dft Luby's Inc OF TAKING DEPO OF Jennifer Case on the following date(s): 02/02/05 @ 1:00 p.m. (KCS) (Entered: 01/14/2005)

Jan. 11, 2005

Jan. 11, 2005

52

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (MAP) (Entered: 02/02/2005)

Jan. 27, 2005

Jan. 27, 2005

53

JOINT REPORT by pla, dft regarding settlement discussions (SRB) (Entered: 02/15/2005)

Feb. 8, 2005

Feb. 8, 2005

54

NOTICE of service of discovery by intervenor−plaintiff Sally Case (LAD) (Entered: 02/16/2005)

Feb. 11, 2005

Feb. 11, 2005

55

NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 02/16/2005)

Feb. 11, 2005

Feb. 11, 2005

56

NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Olive Garden on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)

Feb. 16, 2005

Feb. 16, 2005

57

NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Cactus Kindercare on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)

Feb. 16, 2005

Feb. 16, 2005

58

NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Sunrise Preschool on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)

Feb. 16, 2005

Feb. 16, 2005

59

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case as to expert witness disclosure and report (DMT) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

60

ORDER by Judge David G. Campbell that disc conference was held and expert disclosure to be filed by 3/15/05 for pla and 4/15/05 for dfts with rebuttal expert disclosure by 5/1/05 and deposition completion for experts of 6/1/05 shall remain unchanged and all other provisions of the Case Management Order #18 shall remain in effect. (cc: all counsel) re: order filed [60−1] (DMT) (ADI−ICMS, ). (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

61

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KMG) (Entered: 03/07/2005)

March 3, 2005

March 3, 2005

62

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KMG) (Entered: 03/07/2005)

March 3, 2005

March 3, 2005

63

NOTICE of compliance of supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case as to expert witness disclosure and report (DMT) (Entered: 03/16/2005)

March 9, 2005

March 9, 2005

64

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (DMT) (Entered: 03/23/2005)

March 11, 2005

March 11, 2005

65

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (DMT) (Entered: 03/23/2005)

March 11, 2005

March 11, 2005

66

NOTICE of service of discovery by dft Luby's Inc . (KCS) (Entered: 03/24/2005)

March 15, 2005

March 15, 2005

67

MOTION for Rule 35 exams by dft Luby's Inc [67−1] , and for extension of expert witness disclosure ddl by dft [67−2] (DMT) (Entered: 03/28/2005)

March 15, 2005

March 15, 2005

68

SEALED Document re: exhibit C, F,G re motion 67 by dft (DMT) (Entered: 03/28/2005)

March 15, 2005

March 15, 2005

69

NOTICE of compliance of Luby's 4th Supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (FMP) (Entered: 03/29/2005)

March 17, 2005

March 17, 2005

70

NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records, Fry's Food & Drug, 2727 W Bell Rd, Phx on the following date(s): 04/05/05 (FMP) (Entered: 03/29/2005)

March 21, 2005

March 21, 2005

75

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Melissa Joy Nye on the following date(s): 4/5/05 at 9 am (LAD) (Entered: 03/31/2005)

March 23, 2005

March 23, 2005

76

NOTICE by pla EEOC OF TAKING DEPO OF Keith Martin on the following date(s): 4/6/05 at 9 am (LAD) (Entered: 03/31/2005)

March 23, 2005

March 23, 2005

78

NOTICE of compliance of expert disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 03/31/2005)

March 23, 2005

March 23, 2005

71

MOTION for reconsideration of order granting dft's motion for Rule 35 examinations of Sally Case by pla EEOC, intervenor−plaintiff Sally Case [71−1] (DMT) (Entered: 03/31/2005)

March 24, 2005

March 24, 2005

72

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Keith Martin on the following date(s): 4/7/05 (DMT) (Entered: 03/31/2005)

March 29, 2005

March 29, 2005

73

NOTICE (first amended) by pla OF TAKING DEPO OF Melissa Joy Nye on the following date(s): 4/6/05 (DMT) (Entered: 03/31/2005)

March 29, 2005

March 29, 2005

74

ORDER by Judge David G. Campbell, disc conference held 3/22/05, dft may conduct a Rule 35 examination of Sally Case. Denying motion for Rule 35 exams by dft Luby's Inc [67−1], denying motion for extension of expert witness disclosure ddl by dft [67−2] as it violates order. Court's order as to the Rule 35 examination as set forth in this order shall not be altered by this denial (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

79

ORDER by Judge David G. Campbell denying motion for reconsideration of order granting dft's motion for Rule 35 examinations of Sally Case by pla EEOC, intervenor−plaintiff Sally Case [71−1] (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

81

NOTICE of compliance of sixth supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (DMT) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

80

ORDER by Judge David G. Campbell as to telephone conference held 4/1/05 as to Rule 35 examination of Sally Case. (cc: all counsel) re: order filed [80−1] (DMT) (ADI−ICMS, ). (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

83

NOTICE of service of discovery by pla. (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

84

NOTICE by dft Luby's Inc OF TAKING DEPO OF Tannaer Case, Dr Robert D Schulte on the following date(s): 5/11/05 (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

85

NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case and Leti Cano on the following date(s): 5/10/05 (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

86

NOTICE by dft Luby's Inc OF TAKING DEPO OF Ishmael Holguin on the following date(s): 5/12/05 (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

87

NOTICE of compliance of seventh supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

88

NOTICE of compliance of eighth supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

82

ORDER by Judge David G. Campbell re: the 4/7/05 disc conference call with parties (cc: all counsel) re: order filed [82−1] (DMT) (ADI−ICMS, ). (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

89

NOTICE of compliance of ninth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 04/12/2005)

April 11, 2005

April 11, 2005

90

NOTICE of service of discovery by dft Luby's Inc . (SRB) (Entered: 04/14/2005)

April 12, 2005

April 12, 2005

91

NOTICE of compliance of ninth supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

92

NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KCS) (Entered: 04/18/2005)

April 15, 2005

April 15, 2005

93

BRIEF FILED re applicability of work produce doctrine to testimony related to dft's internal investigation by pla EEOC (KCS) (Entered: 04/18/2005)

April 15, 2005

April 15, 2005

94

NOTICE of service of expert witness disclosure statement pursuant to FRCivP 26(a)(2) by dft Luby's Inc (LSP) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

95

NOTICE of service of discovery by pla. (LCF) (Entered: 04/22/2005)

April 21, 2005

April 21, 2005

97

NOTICE by pla EEOC OF TAKING DEPO OF Kenneth Judd on the following date(s): 5/3/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

98

NOTICE by pla EEOC OF TAKING DEPO OF Moises Martinez on the following date(s): 5/3/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

99

NOTICE by pla EEOC OF TAKING DEPO OF Keith Martin on the following date(s): 5/23/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

100

NOTICE by pla EEOC OF TAKING DEPO OF Gary Black on the following date(s): 5/23/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

101

NOTICE by pla EEOC OF TAKING DEPO OF Melissa Joy Nye on the following date(s): 5/24/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

102

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Sara "Sally" Aguilar on the following date(s): 5/24/05 (LCF) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

103

ORDER by Judge David G. Campbell counsel for Luby's shall have until 4/26/05 to file its brief on the work product issue and that pla deposition of Dfts Rule 30(b)(6) witness may occur on or before 5/20/05 (cc: all counsel) re: order filed [103−1] (SRB) (ADI−ICMS, ). (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

104

NOTICE by dft Luby's Inc OF TAKING DEPO OF Dorothy Kret on the following date(s): 5/12/05 (LSP) (Entered: 04/27/2005)

April 26, 2005

April 26, 2005

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2004

Closing Date: Oct. 19, 2007

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:

NDRN/Protection & Advocacy Organizations

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Luby's 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

Any published opinion

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: 150000

Order Duration: 2006 - 2007

Content of Injunction:

Neutral/Positive Reference

Apology

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit