Case: EEOC v. Avado Brands, Inc.

1:04-cv-02094 | U.S. District Court for the District of Maryland

Filed Date: July 8, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On July 8, 2004, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black female, filed a lawsuit in the District Court of Maryland, under Title VII of the Civil Rights Act of 1964, against Avado Brands, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant violated the terms of a prior Negotiated Settlement Agreement with the plaintiffs due to a racially hostile work environment.

On September 15, 2004, the complainant filed a complaint as the plaintiff-intervenor. On October 13, 2005, the District Court (Judge Richard D. Bennett) entered a consent decree where the defendant, among other things, agreed to pay the complainant $9,166.21.

Summary Authors

Perry Miska (4/12/2014)

People


Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Kiel, Gerald (Maryland)

Quinlan, Cecile Celeste (Maryland)

Reams, Gwendolyn Young (District of Columbia)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Cahill, Kathleen M. (Maryland)

Rice, Thomas (Texas)

Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Kiel, Gerald (Maryland)

Quinlan, Cecile Celeste (Maryland)

Reams, Gwendolyn Young (District of Columbia)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Cahill, Kathleen M. (Maryland)

Rice, Thomas (Texas)

Documents in the Clearinghouse

Document

Docket

Oct. 13, 2005 Docket
1

Complaint

EEOC v. Avado Brands, d/b/a Don Pablo's Restaurant

July 8, 2004 Complaint
6

Intervenor Complaint

Sept. 15, 2004 Complaint
16

Consent Decree

EEOC v. AVADO BRANDS, INC., d/b/a Don Pablo's Restaurant

Oct. 13, 2005 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Avado Brands, Inc. , filed by Equal Employment Opportunity Commission.(nrm, Deputy Clerk) (Entered: 07/09/2004)

July 8, 2004
2

Summons Issued (20 days) as to Avado Brands, Inc.. (nrm, Deputy Clerk) (Entered: 07/09/2004)

July 9, 2004
3

Warning letter to counsel in re: PDF Format requirements(nrm, Deputy Clerk) (Entered: 07/09/2004)

July 9, 2004
4

MOTION to Intervene by veronica bowmaker. Responses due by 8/30/2004 (Attachments: # 1 # 2 # 3 # 4)(Cahill, Kathleen) (Entered: 08/12/2004)

Aug. 12, 2004
5

ORDER granting 4 Motion of Veronica Bowmaker to Intervene as an individual plaintiff. Signed by Judge Richard D Bennett on 9/15/04. (jnl, Deputy Clerk) (Entered: 09/16/2004)

Sept. 15, 2004
6

INTERVENOR COMPLAINT , filed by Veronica Bowmaker.(jnl, Deputy Clerk) (Entered: 09/16/2004)

Sept. 15, 2004
7

JURY TRIAL DEMAND by Veronica Bowmaker. (jnl, Deputy Clerk) (Entered: 09/16/2004)

Sept. 15, 2004
8

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Avado Brands, Inc. served on 9/21/2004, answer due 10/12/2004. (Quinlan, Cecile) (Entered: 10/27/2004)

Oct. 27, 2004
9

ORDER DIRECTING Plaintiff file and serve by mail on the Defendant a Motion for Entry of Default by the Clerk and a Motion for Default Judgment, or provide a Report as to why such motions would be inappropriate within 30 days of the date hereof. Signed by Judge Richard D Bennett on 11/4/04. (jlb, Deputy Clerk) (Entered: 11/04/2004)

Nov. 4, 2004
10

SUGGESTION OF BANKRUPTCY Upon the Record as to Avado Brands, Inc. by Avado Brands, Inc.. (cags, Deputy Clerk) (Entered: 11/09/2004)

Nov. 5, 2004
11

MOTION for Default Judgment as to Avado Brands, Inc. d/b/a Don Pablo's Restaurant by Equal Employment Opportunity Commission. Responses due by 12/23/2004 (Attachments: # 1 Text of Proposed Order for Default Judgment)(Spicer, Tracy) (Entered: 12/06/2004)

Dec. 6, 2004
12

ORDER STAYING this case pending disposition of the Bankruptcy Proceedings and ADMINISTRATIVELY CLOSING this case. Signed by Judge Richard D Bennett on 11/4/04. (jlb, Deputy Clerk) (Entered: 12/08/2004)

Dec. 8, 2004
13

MOTION to Reopen Case by Equal Employment Opportunity Commission. Responses due by 7/18/2005 (Spicer, Tracy) (Entered: 06/30/2005)

June 30, 2005
14

ORDER granting 13 Motion of Plaintiff for Reopening of Instant Case. Signed by Judge Richard D Bennett on 7/5/05. (mcb, Deputy Clerk) (Entered: 07/05/2005)

July 5, 2005
15

SETTLEMENT AGREEMENT Consent Decree for signature and entry by Court by Equal Employment Opportunity Commission. (Quinlan, Cecile) (Entered: 10/12/2005)

Oct. 12, 2005

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 8, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of black female worker alleging a violation of a prior Negotiated Settlement Agreement between the EEOC and the defendant where the defendant subjected the complainant to a racially hostile work environment.

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

Avado Brands, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably 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

Amount Defendant Pays: 9,166.21

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits