Case: EEOC v. ISSA ENTERPRISES, INC. DBA THE COLORADO GRILL

6:06-cv-06053 | U.S. District Court for the Western District of Arkansas

Filed Date: Sept. 20, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2006, the Little Rock Area Office and Memphis Office of the EEOC filed this lawsuit against ISSA Enterprises, Inc., doing business as Colorado Grill, in the U.S. District Court for the Western District of Arkansas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complainants to a hostile work environment, leading to the constructive discharge of compl…

In September 2006, the Little Rock Area Office and Memphis Office of the EEOC filed this lawsuit against ISSA Enterprises, Inc., doing business as Colorado Grill, in the U.S. District Court for the Western District of Arkansas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complainants to a hostile work environment, leading to the constructive discharge of complaining parties, and subjected a complaining party to retaliation. Following discovery, a failed motion to dismiss and for summary judgment by the defendant and a pending motion for summary judgment by the EEOC, the parties settled the lawsuit in September 2007 through a consent decree.

The three-year decree, containing an anti-retaliation provision, required the defendant to: provide a neutral reference for the complainants, post and distribute notice of employee rights, provide EEO training, and pay $15,000 to be distributed among five individuals. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Daisy Manning (4/15/2008)

Documents in the Clearinghouse

Document

6:06-cv-06053

Docket [PACER]

EEOC v. ISSA Enterprises, Inc.

Sept. 11, 2007

Sept. 11, 2007

Docket
1

6:06-cv-06053

Complaint

EEOC v. ISSA Enterprises, Inc. d/b/a Colorado Grill

Sept. 20, 2006

Sept. 20, 2006

Complaint
12

6:06-cv-06053

Order [Denying Motion to Dismiss]

EEOC v. ISSA Enterprises, Inc., d/b/a/ Colorado Grill

2007 WL 433560

Feb. 6, 2007

Feb. 6, 2007

Order/Opinion
38

6:06-cv-06053

Consent Decree

EEOC v. ISSA Enterprises, Inc.

Sept. 11, 2007

Sept. 11, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5132231/equal-employment-opportunity-commission-v-issa-enterprises-inc/

Last updated Aug. 1, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ISSA Enterprises, Inc. , filed by Equal Employment Opportunity Commission.(rls) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

12

ORDER denying 5 Motion to Dismiss Case . Signed by Judge Jimm Larry Hendren on 2/6/07. (dmc)

Feb. 6, 2007

Feb. 6, 2007

RECAP

CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Equal Employment Opportunity Commission. Complaint 1 lists multiple attorneys appearing for the filer. All listed attorneys, (Terry Beck, Faye A. Williams, Gwendolyn Young Reams, James L. Lee and Ronald S. Cooper) other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (rls) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

36

ORDER denying 19 Motion for Summary Judgment. Signed by Judge Jimm Larry Hendren on 8/29/2007. (dmc)

Aug. 29, 2007

Aug. 29, 2007

RECAP
2

ANSWER to Complaint by ISSA Enterprises, Inc..(rls) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

3

INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 12/29/2006. Final Scheduling Order issue date 1/9/2007. Jury Trial set for 6/25/2007 08:30 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on October 24, 2006. (gg) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. ISSA Enterprises, Inc. waiver sent on 9/27/2006, answer due 11/27/2006. (Cash, William) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

5

MOTION to Dismiss Case by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

6

First MOTION to Dismiss Case EXHIBIT A by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

7

JOINT REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Cash, William) Modified on 12/14/2006 to add text(rls). (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

8

FINAL SCHEDULING ORDER: Jury Trial RESET for 9/17/2007 08:30 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on December 13, 2006. (gg) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

10

BRIEF IN SUPPORT OF 9 RESPONSE in Opposition re 5 MOTION to Dismiss Case filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Cash, William) Modified on 12/22/2006 to correct text(rls). (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

11

NOTICE of Appearance by Russell A. Gunter on behalf of ISSA Enterprises, Inc. (Gunter, Russell) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

13

MOTION to Withdraw as Attorney of Record for Defendant by ISSA Enterprises, Inc.. (Tapp, J.) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

TEXT ONLY ORDER granting 13 Motion to Withdraw as Attorney. Attorney J. Sky Tapp terminated . Signed by Judge Jimm Larry Hendren on February 7, 2007. (kcg) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

14

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Cash, William) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

TEXT ONLY ORDER granting 14 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended until May 18, 2007, and the deadline for dispositive motions is extended until May 25, 2007. Signed by Judge Jimm Larry Hendren on April 11, 2007. (kcg) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

15

MOTION for Extension of Time to Complete Discovery by ISSA Enterprises, Inc.. (Gunter, Russell) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

TEXT ONLY ORDER granting 15 Motion for Extension of Time to Complete Discovery. Discovery period extended to June 15, 2007. Signed by Judge Jimm Larry Hendren on May 17, 2007. (kcg) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

***MOTION AND EXHIBITS REMOVED FROM CM/ECF - REDACTED COPY TO BE FILED BY ATTORNEY*** MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Attachments: # Exhibit 1; # Exhibit 2 - Part 1; # Exhibit 2 - Part 2; # Exhibit 2 - Part 3; # Exhibit 3; # Exhibit 4a; # Exhibit 4b; # Exhibit 5; # Exhibit 6; # Exhibit 7; # Exhibit 8; # Exhibit 9; # Exhibit 10; # Exhibit 11; # Exhibit 12; # Exhibit 13; # Exhibit 14; # Exhibit 15; # Exhibit 16; # Exhibit 17; # Exhibit 18; # Exhibit 19; # Exhibit 20; # Exhibit 21; # Exhibit 22)(Gunter, Russell) Modified on 5/29/2007 to correct text (dmc). Modified on 5/29/2007 to remove document(s) from CM/ECF (jrs). (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

17

MEMORANDUM BRIEF in Support of 19 MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Gunter, Russell) Modified on 5/31/2007 to correct link (rls). (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

18

STATEMENT OF FACTS in support of 19 MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Gunter, Russell) Modified on 5/31/2007 to correct link (rls). (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

19

MOTION for Summary Judgment by ISSA Enterprises, Inc.. (Attachments: # 1 Exhibit 1a# 2 Exhibit 1b# 3 Exhibit 2a# 4 Exhibit 2b# 5 Exhibit 2c# 6 Exhibit 2d# 7 Exhibit 3# 8 Exhibit 4a# 9 Exhibit 4b# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15# 21 Exhibit 16# 22 Exhibit 17# 23 Exhibit 18# 24 Exhibit 19# 25 Exhibit 20# 26 Exhibit 21# 27 Exhibit 22)(Gunter, Russell) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

20

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

TEXT ONLY ORDER granting 20 Motion for Extension of Time to File Response. Plaintiff is allowed until June 18, 2007, to respond to defendant's Motion For Summary Judgment. Signed by Judge Jimm Larry Hendren on May 31, 2007. (kcg) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

21

PLEASE DISREGARD - INCORRECT PDF ATTACHED - MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

22

PLEASE DISREGARD - INCORRECT PDF ATTACHED - MEMORANDUM BRIEF in Support Of Its Response In Opposition To Defendant's Motion For Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

23

PLEASE DISREGARD - INCORRECT PDF ATTACHED - RESPONSE in Opposition re 19 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William). Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

24

PLEASE DISREGARD - INCORRECT PDF ATTACHED - MEMORANDUM BRIEF in Support . Plaintiff's Brief In Support Of Its Response In Opposition To Defendant's Motion For Summary Judgement by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

25

PLEASE DISREGARD - INCORRECT PDF ATTACHED - STATEMENT OF FACTS in support of 19 MOTION for Summary Judgment . Plaintiff's Response In Opposition To Defendant's Statement of Undisputed Facts by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

***RESPONSE AND EXHIBITS REMOVED FROM CM/ECF - REDACTED COPY TO BE FILED BY ATTORNEY***RESPONSE in Opposition re 19 MOTION for Summary Judgment . Plaintiff's Response in Opposition To Defendant's Motion For Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # Exhibit 1# Exhibit 2# Exhibit 3# Exhibit 4# Exhibit 5# Exhibit 6# Exhibit 7# Exhibit 8# Exhibit 9# Exhibit 10# Exhibit 11# Exhibit 12# Exhibit 13# Exhibit 14# Exhibit 15# Exhibit 16)(Cash, William) Modified on 6/20/2007 to remove documents from CM/ECF (jrs). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

27

MEMORANDUM BRIEF in Support . Plaintiff's Brief In Support of 29 Response In Opposition To Defendant's Motion For Summary Judgment by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry and document link (dmc). Modified on 8/29/2007 to create document link to corrected re-filed response (dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

28

STATEMENT OF FACTS (RESPONSE) in Opposition re 29 MOTION for Summary Judgment . Plaintiff's Response; and In Opposition re 18 Defendant's Statement of Undisputed Facts filed by Equal Employment Opportunity Commission. (Cash, William) Modified on 6/19/2007 to correct docket entry and document link (dmc). Modified on 8/29/2007 to create document link to corrected re-filed response(dmc). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

29

RESPONSE in Opposition re 19 MOTION for Summary Judgment . Plaintiff's Response in Opposition To Defendant's Motion For Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Cash, William) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

30

REPLY by ISSA Enterprises, Inc. re 28 Response in Opposition to Motion,. (Gunter, Russell) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

31

ORDER directing parties to submit within 10 days a Settlement Conference Statement as set out in order. Signed by Judge Barry A. Bryant on July 24, 2007. (dkg) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

32

ORDER Setting/Resetting Hearings: Settlement Conference set for 8/28/2007 10:00 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Barry A. Bryant.. Signed by Judge Barry A. Bryant on August 2, 2007. (dkg) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

33

NOTICE of Appearance by Pamela Dixon on behalf of Equal Employment Opportunity Commission (Dixon, Pamela) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

35

PRETRIAL DISCLOSURE SHEET by ISSA Enterprises, Inc.. (Gunter, Russell) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

37

MOTION in Limine by ISSA Enterprises, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gunter, Russell) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

38

CONSENT DECREE . Signed by Judge Jimm Larry Hendren on September 11, 2007. (dmc)

Sept. 11, 2007

Sept. 11, 2007

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2006

Closing Date: 2010

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

ISSA Enterprises, Inc. (Hot Springs, Arkansas), Private Entity/Person

ISSA Enterprises, Inc. (Hot Springs, Arizona), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 25000

Order Duration: 2007 - 2010

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Reporting

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits