Case: EEOC v. Metromedia Restaurant Group d/b/a "Bennigan's"

2:99-cv-01760 | U.S. District Court for the District of Arizona

Filed Date: Sept. 29, 1999

Closed Date: July 9, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against Metromedia Restaurant Group and CTM Restaurant Group, both d/b/a Bennigan's Grill & Tavern. Although the only information available for this summary was the docket, it is known that CTM Restaurants was dismissed from the suit by consent of the parties in June 2000. The, in October 2000, the EEOC moved for partial summary judgment on most of the defendant's affirmative defenses and moved to compel discovery. The parties then continued the case until July 2001 when the court adopted their proposed consent decree.

Summary Authors

Tony Friedman (8/23/2007)

People


Judge(s)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Marshall, Michelle G. (Arizona)

O'Neill, Mary Jo (Arizona)

Trujillo, Richard R. (Arizona)

Attorneys(s) for Defendant

Cerasano, Stephanie May (Arizona)

Cohen, Richard Seth (Arizona)

Kohen, Stefanie W. (Illinois)

Landry, Jody A. (California)

Ogden, J. Mark (Arizona)

Williamson, Holly H (Texas)

Judge(s)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Marshall, Michelle G. (Arizona)

O'Neill, Mary Jo (Arizona)

Trujillo, Richard R. (Arizona)

Attorneys(s) for Defendant

Cerasano, Stephanie May (Arizona)

Cohen, Richard Seth (Arizona)

Kohen, Stefanie W. (Illinois)

Landry, Jody A. (California)

Ogden, J. Mark (Arizona)

Williamson, Holly H (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Metromedia Restaurant Group

July 9, 2001 Docket

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FILED (SAT) (Entered: 09/30/1999)

Sept. 29, 1999
2

FIRST AMENDED COMPLAINT by pla EEOC; jury demand [1-1] (MAP) (Entered: 10/20/1999)

Oct. 13, 1999
3

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft CTM Restaurant Grp on 10/15/99 (MAP) (Entered: 10/20/1999)

Oct. 18, 1999
4

RETURN OF SERVICE EXECUTED (summons/complaint) upon Kathy Cheshire for dft Metromedia Rest Grp on 10/14/99 (MAP) (Entered: 10/20/1999)

Oct. 18, 1999
5

ANSWER to Amended Complaint by dfts (all) (MAP) (Entered: 11/04/1999)

Nov. 3, 1999
6

ORDER FROM CHAMBERS by Judge John W. Sedwick re Policies and Procedures (cc: all counsel) re: order [6-1] (MAP) (Entered: 12/03/1999)

Dec. 3, 1999
7

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by plas (former emp) Modified on 01/12/2000 (Entered: 12/21/1999)

Dec. 17, 1999
8

JOINT PRETRIAL SCHEDULE and request for Rule 16 scheduling conference (former emp) (Entered: 12/21/1999)

Dec. 17, 1999
8

MOTION for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (former emp) (Entered: 12/21/1999)

Dec. 17, 1999
10

NOTICE of service of first set of requests for admissions by dft Metromedia Restaurant Services, Inc. pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

Jan. 27, 2000
11

NOTICE of service of non-uniform interrogatories to dft Metromedia Restaurant Services, Inc by pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

Jan. 27, 2000
12

NOTICE of service of non-uniform interrogatories to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

Jan. 27, 2000
13

NOTICE of Plas first request for production to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

Jan. 27, 2000
15

NOTICE of service of first request for production to dft Metromedia Restaurant Services Inc. by pla EEOC . (former emp) (Entered: 01/28/2000)

Jan. 27, 2000
14

NOTICE of service of plas first set of requests for admissions by dft CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

Jan. 28, 2000
16

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
17

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
18

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
19

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
20

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
21

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
22

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
23

NOTICE of service of discovery by dfts (all). (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
24

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
25

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

Feb. 7, 2000
26

MINUTE ORDER denying motion for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (cc: all counsel) [26-1] (MAP) (Entered: 02/10/2000)

Feb. 10, 2000
27

SCHEDULING AND PLANNING ORDER by Judge John W. Sedwick that all discovery due 9/1/00 (cc: all counsel) (MAP) (Entered: 02/10/2000)

Feb. 10, 2000
28

MOTION for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (MAP) (Entered: 02/14/2000)

Feb. 11, 2000
29

MOTION to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden by dft CTM Restaurant Grp [29-1] (MAP) (Entered: 02/28/2000)

Feb. 25, 2000
31

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/29/2000)

Feb. 28, 2000
32

ORDER by Judge John W. Sedwick granting motion for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (cc: all counsel) (MAP) (Entered: 02/29/2000)

Feb. 29, 2000
33

NOTICE of service of discovery by dft Metromedia Rest Grp (MAP) (Entered: 03/04/2000)

March 2, 2000
34

STIPULATION to extend time to respond to Dfts' 1st set of written discovery by pla, dfts (All) (MAP) (Entered: 03/08/2000)

March 7, 2000
35

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 3/24/00 to respond to Pla's 1st set of requests for admissions, 1st req for production of and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (Entered: 03/08/2000)

March 8, 2000
36

ORDER by Judge John W. Sedwick granting stipulation that Pla shall have thru 4/5/00 to respond to Dfts' Discovery Requests (cc: all counsel) (MAP) (Entered: 03/16/2000)

March 16, 2000
37

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 03/27/2000)

March 24, 2000
38

MINUTE ORDER granting motion to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden, Jody Landry by dft CTM Restaurant Grp [29-1] (cc: all counsel) [38-1] (MAP) (Entered: 04/04/2000)

April 4, 2000
39

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants shall have thru 4.28.00 to respond to Pla's 2nd set of requests for admissions, first request for production and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (Entered: 04/04/2000)

April 4, 2000
40

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 04/10/2000)

April 7, 2000
41

MOTION for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (MAP) (Entered: 04/24/2000)

April 20, 2000
42

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (cc: all counsel) (MAP) (Entered: 04/26/2000)

April 26, 2000
43

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 05/04/2000)

May 2, 2000
44

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 5/26/00 to respond to Pla's 1st Set of Requests for Admissions, 1st Request for Production and First Set of Non-Uniform Interrogatories (cc: all counsel) (MAP) (Entered: 05/18/2000)

May 18, 2000
45

NOTICE of Service of First Supplemental Disclosure Statement by pla EEOC (MAP) (Entered: 05/30/2000)

May 23, 2000
47

STIPULATION for Dismissal w/prejudice by pla, dfts (all) (MAP) (Entered: 06/26/2000)

June 22, 2000
48

NOTICE by dft Metromedia Rest Grp OF TAKING DEPOS OF: Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/2-4/00 (MAP) (Entered: 06/27/2000)

June 26, 2000
49

ORDER by Judge John W. Sedwick granting stipulation that all claims against CTM Restaurants in this action are dsimissed w/prejudice, each party to bear own costs and fees (cc: all counsel) (MAP) (Entered: 06/27/2000)

June 27, 2000
50

JOINT MOTION to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (MAP) (Entered: 07/06/2000)

June 28, 2000
51

STIPULATION for Dismissal with Prejudice by pla, dfts (all) (MAP) (Entered: 07/06/2000)

June 29, 2000
52

ORDER by Judge John W. Sedwick granting w/out prejudice motion to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (cc: all counsel) (MAP) (Entered: 07/07/2000)

July 7, 2000
53

STIPULATION to Extend Discovery ddls by dft, pla (MAP) (Entered: 07/18/2000)

July 12, 2000
54

ORDER by Judge John W. Sedwick granting stipulation extending Discovery ddls.. discovery ddl re-set for 12/15/00 (cc: all counsel) (MAP) (Entered: 07/18/2000)

July 18, 2000
55

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 08/04/2000)

Aug. 3, 2000
56

NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Cheryl Justo on the following date(s): 9/7/00 at 9:30 AM; Jennifer Hale on 9/13/00 at 9:30 AM (former emp) (Entered: 08/14/2000)

Aug. 10, 2000
57

AMENDED NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/30/00, 8/31/00 and 9/1/00 (MAP) (Entered: 08/16/2000)

Aug. 15, 2000
58

RETURN OF SERVICE of Notice of Depo upon EEOC by dft Metromedia Rest Grp (MAP) (Entered: 08/22/2000)

Aug. 21, 2000
59

NOTICE by pla EEOC OF TAKING DEPO OF Todd Griegenburg on the following date(s): 9/8/00 (MAP) (Entered: 08/28/2000)

Aug. 24, 2000
60

MOTION for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (MAP) (Entered: 09/05/2000)

Aug. 31, 2000
61

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 09/07/2000)

Sept. 5, 2000
62

NOTICE by pla EEOC of return of process of subpoena served on Todd J. Griepenburg (former emp) (Entered: 09/07/2000)

Sept. 6, 2000
64

AMENDED NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/08/2000)

Sept. 7, 2000
65

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (cc: all counsel) (MAP) (Entered: 09/08/2000)

Sept. 8, 2000
66

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/19/2000)

Sept. 18, 2000
67

NOTICE by pla EEOC OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
68

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Whitney Smith Co. on the following date(s): 11/1/00 (former emp) Modified on 10/19/2000 (Entered: 10/19/2000)

Oct. 17, 2000
69

NOTICE by pla EEOC OF TAKING DEPO OF Rick Taffee on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
70

NOTICE by pla EEOC OF TAKING DEPO OF Randall Davis on the following date(s): 11/7/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
71

NOTICE by pla EEOC OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
72

NOTICE by pla EEOC OF TAKING DEPO OF Dan Parker on the following date(s): 11/9/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
73

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Metromedia Restaurant Services on the following date(s): 10/31/00 (former emp) (Entered: 10/19/2000)

Oct. 17, 2000
74

MOTION for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

Oct. 19, 2000
75

STATEMENT OF FACTS by pla re motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

Oct. 19, 2000
76

ERRATA by pla to [75-1] (former emp) (Entered: 10/23/2000)

Oct. 20, 2000
77

NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00. (former emp) (Entered: 10/26/2000)

Oct. 25, 2000
78

OBJECTIONS by dft to the subpoena served on the Whitney Smith Co., INc. (former emp) (Entered: 10/30/2000)

Oct. 26, 2000
79

AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/17/00. (former emp) (Entered: 10/30/2000)

Oct. 26, 2000
80

AMENDED NOTICE by pla OF TAKING DEPO OF defendant on the following date(s): 11/16/00 (former emp) (Entered: 10/30/2000)

Oct. 26, 2000
81

MOTION to compel discovery by pla [81-1] (former emp) (Entered: 11/01/2000)

Oct. 31, 2000
83

MOTION for protective order by dft [83-1] , alternatively to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

Nov. 1, 2000
84

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by dft of motion for protective order by dft [83-1], motion to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

Nov. 1, 2000
85

DECLARATION by dft re motion for protective order by dft [83-1] [83-1], re motion to stay discovery pending mediation by dft [83-2] [83-2] (former emp) (Entered: 11/02/2000)

Nov. 1, 2000
86

FINAL REVISED WITNESS LIST by pla (former emp) (Entered: 11/08/2000)

Nov. 2, 2000
87

NOTICE by dft OF TAKING DEPO OF Lauren Smith, Melissa Passerotti, Jennifer Reid, Rhiannon Truog and Amanda Harting on the following date(s): various (former emp) (Entered: 11/08/2000)

Nov. 2, 2000
88

AMENDED NOTICE by pla OF TAKING DEPO OF Rick Taaffe on the following date(s): 11/15/00 (former emp) (Entered: 11/08/2000)

Nov. 6, 2000
89

ORDER by Judge John W. Sedwick ; status hearing set for (8:00 am AK standard time) 10:00 11/7/00 ; Cnsl for dft Metromedia will schedule the conference call. The phone number for Judge Sedwick's courtroom is 907/677-6228. (cc: all counsel) (former emp) (Entered: 11/13/2000)

Nov. 13, 2000
90

ORDER by Judge John W. Sedwick: This m/o memorializes decisions made at the status conference on 11/7/00. 1) Depositions scheduled by EEOC for the week of 11/6/00 shall proceed as scheduled; 2) all other deposition notices are deemed w/drawn pending the court's ruling on the mtn by Metromedia for a protective order, or in the alternative, for a stay; 3) EEOC will file its opposition (response) to Metro's mtn forthwith; 4) Metro's opposition (response) to EEOC's mtn to compel shall be due on 12/8/00; 5) the discovery ddl is continued to 1/26/01; 6) the ddl for dispositive mtns and mtns in limine is continued to 2/26/01; 7) if the ptys find they need more time for discovery because the court is unable to rule promptly on the mtn for protective order, the holidays interfere, or some other good reason arises; the ptys should stipulate to a reasonable extension for completing discovery and mtn practice. Alternatively, on pty may file an appropriate mtn for an extension. discovery ddl set for 1/26/01 ; dispositive motions due 2/26/01 (cc: all cnsl) (former emp) (Entered: 11/13/2000)

Nov. 13, 2000
91

MOTION to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1] (former emp) (Entered: 11/21/2000)

Nov. 21, 2000
92

ORDER by Judge John W. Sedwick granting motion to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1], withdrawn motion for protective order by dft [83-1], withdrawn motion to stay discovery pending mediation by dft [83-2]. The deadlines for dft to respond to pla's motion to compel discovery by pla [81-1] and motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] are extended through 12/22/00. (cc: all counsel) (former emp) (Entered: 11/30/2000)

Nov. 30, 2000
94

ORDER by Judge John W. Sedwick granting motion to extend time to oppose mtns, complete discovery by pla [93-1]. Dft's opposiiton to mtn for partial sum jgm is due on 1/31/01; dft's opposition to mtn to compel is due 1/31/01; last date to sere and file the final witness list is 2/15/01; pla's supplemental witness list, including experts is due 3/3/01; dft's supplemental witness list, including experts is due on 4/3/01. discovery ddl set for 4/3/01 (cc: all counsel) (former emp) (Entered: 01/17/2001)

Jan. 17, 2001
95

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 2/20/01. (former emp) (Entered: 01/24/2001)

Jan. 23, 2001
96

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Randall Davis on the following date(s): 2/21/01. (former emp) (Entered: 01/24/2001)

Jan. 23, 2001
97

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 2/15/01 (former emp) (Entered: 01/24/2001)

Jan. 23, 2001
98

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Metromedia Restaurant Svc d/b/a Bennigan's Grill & Tavern on the following date(s): 2/16/01. (former emp) (Entered: 01/24/2001)

Jan. 23, 2001
99

MOTION to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] (former emp) (Entered: 02/01/2001)

Jan. 31, 2001
100

DECLARATION by dft re motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] [99-1] (former emp) (Entered: 02/01/2001)

Jan. 31, 2001
101

ORDER by Judge John W. Sedwick granting motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] and motion to compel discovery by pla [81-1] [81-1], re: motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1]. Responses due 2/14/01. (cc: all counsel) (former emp) (Entered: 02/05/2001)

Feb. 5, 2001
102

RESPONSE/OPPOSITION by pla to motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] [99-1] (former emp) (Entered: 02/07/2001)

Feb. 5, 2001
103

ORDER by Judge John W. Sedwick: The time for dft to respond to pla's mtn for partial sum jgm and pla's mtn to compel is enlarged through 2/14/01, and the ptys are ordered to comply therwith. (cc: all counsel) (former emp) (Entered: 02/12/2001)

Feb. 12, 2001
104

STIPULATION by dft to postpone deadlines. (former emp) (Entered: 02/20/2001)

Feb. 16, 2001
105

ORDER by Judge John W. Sedwick granting stipulation that the deadlines for the ptys to submit final witness lists and for dft to respond to pla's mtn for partial sum jgm and mtn to compel are postponed until 3/2/01. Cnsl to file an updated status report on 3/2/01. (cc: all counsel) (former emp) (Entered: 02/23/2001)

Feb. 23, 2001

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 1999

Closing Date: July 9, 2001

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

CTM Restaurant Group, Private Entity/Person

CTM Restaurant Group, Private Entity/Person

Metromedia Restaurant Group, Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits