Case: EEOC v. Cracker Barrel Old Country Store

1:04-cv-05273 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 11, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The EEOC's Chicago District Office sued Cracker Barrel Old Country Store on August 11, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that the defendant violated Title VII by discriminating against female employees and creating a hostile work environment; by discriminating against African American employees and providing disparate terms of employment; by retaliating against employees for complaining about their treatment; and by constructive…

The EEOC's Chicago District Office sued Cracker Barrel Old Country Store on August 11, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that the defendant violated Title VII by discriminating against female employees and creating a hostile work environment; by discriminating against African American employees and providing disparate terms of employment; by retaliating against employees for complaining about their treatment; and by constructively discharging numerous employees. The defendant filed a motion for summary judgment on February 14, 2006, but it was never resolved.

The parties entered into a consent decree on March 10, 2006 that stipulated that the defendant would pay $2,000,000 in damages to the class of plaintiffs to be apportioned by the EEOC, post a notice of compliance with Title VII, provide Title VII compliance training to managers and all other employees in the affected stores, and report to the EEOC concerning discrimination and harassment complaints. The consent decree was set to last for two years.

On April 13, 2006, a would-be claimant sought to amend the consent decree to include himself. The Court (Judge Charles R. Norgle Sr.) denied this motion on July 24, 2006 because the claimant worked at the restaurant five years before the time period considered in the suit, and he never file a Charge of Discrimination with the EEOC.

There was no subsequent activity, and the case is presumed closed.

Summary Authors

Aaron Weismann (6/19/2007)

Rachel Barr (1/3/2018)

Documents in the Clearinghouse

Document

1:04-cv-05273

Docket (PACER)

July 24, 2006

July 24, 2006

Docket

EEOC Sues Cracker Barrel for Sex Bias and Racial Harassment [EEOC Press Release]

EEOC v. Cracker Barrel Old Country Store, Inc. and CBOCS West, Inc.

No Court

Aug. 11, 2004

Aug. 11, 2004

Press Release
1

1:04-cv-05273

Complaint

Aug. 12, 2004

Aug. 12, 2004

Complaint

Cracker Barrel to Pay $2 Million for Race and Sexual Harassment at Three Illinois Restaurants [EEOC Press Release]

EEOC v. Cracker Barrel Old Country Store, Inc. and CBOCS West, Inc.

No Court

March 10, 2006

March 10, 2006

Press Release
71

1:04-cv-05273

Consent Decree

March 13, 2006

March 13, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251311/eeoc-v-cracker-barrel-old/

Last updated Aug. 9, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Diane Ilene Smason, Pamela Sue Moore-Gibbs as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (lc) (Entered: 08/12/2004)

Aug. 11, 2004

Aug. 11, 2004

RECAP
2

WAIVER of service of summons as to defendants Cracker Barrel Old, CBOCS W Inc sent on 8/11/04 (lc) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

PACER
3

ATTORNEY APPEARANCE for defendants Cracker Barrel Old Country Store, CBOCS W Inc by John F. Kuenstler, Beau C. Christy Shameron Travis. (gma) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
4

ANSWER by defendants CBOCS West, Inc., Cracker Barrel Old Country Store, Inc. and additional defenses to plaintiff's complaint [1-1]; Notice. (gma) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
5

MOTION by defendant CBOCS West, Inc. and defendant Cracker Barrel Old Country Store, Inc.'s to stay for failure to conciliate ; Memorandum in support (Attachments); Notice. (jmp) (Entered: 10/18/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
6

MINUTE ORDER of 10/15/04 by Hon. Charles R. Norgle Sr : Plaintiffs' response to defendants' motion to stay and for failure to conciliate [5-1] is due on or before 11/05/2004. Defendants' reply is due on or before 11/19/2004. Mailed notice (jmp) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
7

MINUTE ORDER of 11/4/04 by Hon. Charles R. Norgle Sr: Defendant's motion to stay for failure to conciliate is withdrawn [5-1]. The briefing schedule previously set by the court is stricken. Mailed notice (gma) (Entered: 11/08/2004)

Nov. 4, 2004

Nov. 4, 2004

PACER
8

ATTORNEY APPEARANCE for defendant CBRL Grp Inc by Nancy E. Rafuse, David E. Gevertz, Soctt M. Lenhart, Barry A. Hartstein, James Edwin Bayles Jr. (vmj) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
9

ANSWER by defendant CBRL Grp Inc [1-1]. (vmj) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
10

NOTIFICATION of affiliates - disclosuore statement by defendant CBRL Grp Inc.'s Local Rule 3.2. (vmj) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
11

APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by David E. Gervertz ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
12

APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by Scott M. Lenhart ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
13

APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by Nancy E. Rafuse ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
14

MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to voluntarily dismiss claims against defendant CBRL Group, Inc. (lxs, ) (Entered: 01/20/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
15

NOTICE for presentment of MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to dismiss 14 before Honorable Charles R. Norgle Sr. on 1/21/2005 at 09:30 AM. (lxs, ) (Entered: 01/20/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
16

MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff's motion to voluntarily dismiss claims against defendant CBRL Group, Inc. is granted 14 . Plaintiff's claims against defendant CBRL Group, Inc. are dismissed with prejudice. (lxs, ) (Entered: 01/25/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
17

MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 2/9/2005 Status hearing set for 5/25/2005 at 09:30 AM. (ewf, ) (Entered: 02/10/2005)

Feb. 9, 2005

Feb. 9, 2005

PACER
18

MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 5/25/2005. Status hearing set for 7/22/2005 at 09:30 AM. mailed notice (ewf, ) (Entered: 05/26/2005)

May 25, 2005

May 25, 2005

PACER
19

MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 7/22/2005. Pretrial Order due by 1/23/2006. Jury Trial set for 1/30/2006 at 10:00 AM. Status hearing (regarding settlement) continued to 9/22/2006 at 09:30 AM. Mailed notice (ewf, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

PACER
20

MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing reset for 9/28/2005 at 09:30 AM. Mailed notice (ewf, ) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

PACER
21

MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 9/28/2005. Pretrial Order due by 2/7/2006. Jury Trial set for 2/21/2006 at 10:00 AM. Mailed notice (ewf, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
22

NOTICE by John F. Kuenstler of Change of Address (Kuenstler, John) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER
26

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by David E. Gevertz; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $ 50 paid, receipt number 10331029. (mjc, ) (Entered: 12/20/2005)

Dec. 10, 2005

Dec. 10, 2005

PACER
23

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Beth A. Moeller; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $50 paid, receipt number 1116052 (cdy, ) Modified on 2/2/2006 (td, ). (Entered: 12/14/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
24

ATTORNEY Appearance for Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc by John F. Kuenstler (Kuenstler, John) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
25

WITHDRAWING John F. Kuenstler as counsel for Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc and substituting Norma W. Zeitler as counsel of record (Zeitler, Norma) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
27

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Dax Lopez; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10714984 (cdy, ) (Entered: 12/30/2005)

Dec. 23, 2005

Dec. 23, 2005

PACER
28

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by James Joseph Swartz; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10715003 (cdy, ) (Entered: 01/03/2006)

Dec. 29, 2005

Dec. 29, 2005

PACER
29

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to expedite Deposition Schedule (Attachments: # 1 Exhibit A-C# 2 Exhibit D-F)(Zeitler, Norma) (Entered: 01/04/2006)

2 Exhibit A-C

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3 Exhibit D-F

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Jan. 4, 2006

Jan. 4, 2006

PACER
30

Defendants' NOTICE of Motion by Norma W. Zeitler for presentment of motion to expedite 29 before Honorable Charles R. Norgle Sr. on 1/6/2006 at 09:30 AM. (Zeitler, Norma) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
32

MINUTE entry before Judge Charles R. Norgle Sr.: Defendants' motion for a status conference 29 is granted. The Clerk shall assign this matter to the designated magistrate judge. Mailed notice (cdy, ) (Entered: 01/09/2006)

Jan. 5, 2006

Jan. 5, 2006

PACER
31

MINUTE entry before Judge Morton Denlow : Motion hearing held on Defendant's motion for a status conference requesting an expedited deposition schedule and guidance regarding depositions conduct 29 . Defendant's motion for a status conference requesting an expedited deposition schedule and guidance regarding depositions conduct 29 is granted. Plaintiff to disclose any additional class members by 1/31/2006 or be barred from adding them. Defendants may take the depositions of Plaintiffs not to exceed 3 1/2 hours without leave of Court. The depositions of charging parties and certain select members of management may take up to 7 hours. Settlement conference held. Status hearing set for 1/24/2006 at 10:00 a.m. Motions terminated: MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to expedite Deposition Schedule 29 Mailed notice (dmk, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
35

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Morton Denlow to conduct hearings and enter appropriate orders on the following pretrial motion/matter: pretrial conference under Rule 16; discovery motion(s) specified below; all discovery motions; discovery supervision; discovery conference under Rule 26(f); settlement conference; preparation of pretrial materials; conduct necessary proceedings and enter Order/Report and Recommendation on all nondispositive pretrial motions through filing of pretrial materials including final pretrial order, with the execptions or additions specified below. Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, as specifically set forth below; all pretrial issues. Signed by Executive Committee on 1/09/06. (cdy, ) . (Entered: 01/12/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER
33

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to withdraw as attorney for Defendants (UNOPPOSED) (Sefton, Beau) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
34

NOTICE of Motion by Beau C. Sefton for presentment of motion to withdraw as attorney 33 before Honorable Charles R. Norgle Sr. on 1/20/2006 at 09:30 AM. (Sefton, Beau) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
36

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Tracey T. Barbaree; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10331691 (cdy, ) Modified on 7/31/2006 (rbf, ). (Entered: 01/23/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
38

MINUTE entry before Judge Charles R. Norgle Sr.: Unopposed motion of Beau C. Sefton and Christy S. Gerst to withdraw as counsel for defendants 33 is granted. Mailed notice (cdy, ) (Entered: 01/24/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
37

MINUTE entry before Judge Morton Denlow : Magistrate Judge Status hearing held on 1/24/2006. Status hearing set for 2/14/2006 at 10:00 AM. Mailed notice (dmk, ) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
41

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Lauren Zeldin; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $ 100 paid, receipt number 10331986. (jmm, ) Modified on 8/3/2006 (rbf, ). (Entered: 02/01/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
46

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Scott M. Lenhart; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 111881 (cdy, ) . (Entered: 02/08/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
39

MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission for extension of time Plaintiff EEOC's Unopposed Motion for Extension of Time to Submit Joint Pretrial order and to Re-set Trial Date and Certificate of Service (Smason, Diane) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
40

NOTICE by - U.S. Equal Employment Opportunity Commission re MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission for extension of time Plaintiff EEOC's Unopposed Motion for Extension of Time to Submit Joint Pretrial order and to Re-set Trial Date and Certificate of Service 39 Notice of Motion (Smason, Diane) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
42

NOTICE of Motion by Diane Ilene Smason for presentment of motion for extension of time, 39 before Honorable Charles R. Norgle Sr. on 2/3/2006 at 09:30 AM. (Smason, Diane) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
43

MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff has moved for enlargement of dates in this suit filed in 2004. Plaintiff's motion for extension of time 40 is granted. Plaintiff has 21 additional days to file its Final Pre-Trial Order. The trial date is stricken. A new trial date will be set after the court reviews the Final Pre-Trial Order. Counsel for both parties are advised to follow the local rule regarding Final Pre-Trial Orders. Mailed notice (cdy, ) (Entered: 02/06/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
44

NOTICE of Motion by David E. Gevertz for presentment of before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Attachments: # 1 Motion to Compel Class Members' Depositions# 2 Defendant's Brief in Support of Motion to Compel Class Members' Depositions)(Gevertz, David) (Entered: 02/07/2006)

2 Motion to Compel Class Members' Depositions

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3 Defendant's Brief in Support of Motion to Compel Class Members' Depos

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Feb. 7, 2006

Feb. 7, 2006

PACER
45

SUGGESTION of Death as to Kerri McReynolds Pursuant to Rule 25(a)(1) by Cracker Barrel Old County Store, Inc., CBOCS W Inc (Gevertz, David) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
47

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel Class Members' Depositions (Attachments: # 1 Brief in Support of Motion to Compel Class Members' Depositions# 2 Certificate of Consultation)(Gevertz, David) (Entered: 02/09/2006)

2 Brief in Support of Motion to Compel Class Members' Depositions

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3 Certificate of Consultation

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Feb. 9, 2006

Feb. 9, 2006

PACER
57

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Scott M. Lenhart; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 111887 (cdy, ) (Entered: 02/14/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
58

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Megan A. Kelly; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10924963 (cdy, ) (Entered: 02/14/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
48

RESPONSE PLAINTIFF EEOC'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL CLASS MEMBERS' DEPOSITIONS, CERTIFICATE OF SERVICE AND NOTICE OF FILING (Smason, Diane) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

RECAP
49

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBRL Group, Inc., CBOCS W Inc for sanctions and to Reconvene Depositions (Attachments: # 1 Defendants' Brief in Support of Motion to Reconvene Depositions and For Sanctions# 2 Certificate of Consultation# 3 Exhibit 1 - 2/6 letter from D. Gevertz to EEOC# 4 Exhibit 2 - 2/7 letter from D. Gevertz to EEOC# 5 Exhibit 3 - 2/9 letter from P. Moore-Gibbs to D. Gevertz# 6 Exhibit 4 - 2/10 email between J. Swartz and P. Moore-Gibbs# 7 Exhibit 5 - email between J. Swartz and P. Moore-Gibbs# 8 Exhibit 6 - email between J. Swartz and P. Moore-Gibbs# 9 Certificate of Service)(Gevertz, David) (Entered: 02/10/2006)

2 Defendants' Brief in Support of Motion to Reconvene Depositions and For Sa

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3 Certificate of Consultation

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4 Exhibit 1 - 2/6 letter from D. Gevertz to EEOC

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5 Exhibit 2 - 2/7 letter from D. Gevertz to EEOC

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6 Exhibit 3 - 2/9 letter from P. Moore-Gibbs to D. Gevertz

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7 Exhibit 4 - 2/10 email between J. Swartz and P. Moore-Gibbs

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8 Exhibit 5 - email between J. Swartz and P. Moore-Gibbs

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9 Exhibit 6 - email between J. Swartz and P. Moore-Gibbs

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10 Certificate of Service

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Feb. 10, 2006

Feb. 10, 2006

PACER
50

NOTICE of Motion by David E. Gevertz for presentment of motion for sanctions,, 49 before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Gevertz, David) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
51

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel, for Leave to Serve Subpoenas, and For Sanctions (Attachments: # 1 Defendants' Brief in Support of Motion for Leave to Serve Subpoenas Duces Tecum, to Compel, and for Sanctions# 2 Certificate of Consultation# 3 Exhibit 1 - 2/8/2006 letter from D. Gevertz to J. Calhoun# 4 Exhibit 2 - email from J. Swartz to P. Moore-Gibbs and J. Calhoun# 5 Certificate of Service)(Gevertz, David) (Entered: 02/10/2006)

2 Defendants' Brief in Support of Motion for Leave to Serve Subpoenas Duces

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3 Certificate of Consultation

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4 Exhibit 1 - 2/8/2006 letter from D. Gevertz to J. Calhoun

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5 Exhibit 2 - email from J. Swartz to P. Moore-Gibbs and J. Calhoun

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6 Certificate of Service

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Feb. 10, 2006

Feb. 10, 2006

PACER
52

NOTICE of Motion by David E. Gevertz for presentment of motion to compel, 51 before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Gevertz, David) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
60

MINUTE entry before Judge Charles R. Norgle Sr.: Defendant's motion to compel class members depositions [48-1] is granted over EEOC's objections filed 2/13/06. Additionally, date for filing the final pretrial order is enlarged from 2/28/06 to 3/14/06. It is so ordered. Mailed notice (cdy, ) (Entered: 02/15/2006)

Feb. 13, 2006

Feb. 13, 2006

PACER
59

MINUTE entry before Judge Morton Denlow : Status hearing held. Motion hearing held. Defendants' motion to compel class members' depositions 47 is denied, however, Philip Carter and Judith Zopf are barred from testifying to events beyond those described in their deposition. Defendants' motion to reconvene depositions and for sanctions 49 is granted in part and denied in part as follows: Valerie Alston is barred from testifying to events beyond those described in her deposition. Defendant is to submit questions and Plaintiff to answer questions in a form of written declarations on or by 2/22/06 as to Anita Grant-Leigh. Kimberly Waterstraat is to reappear for an additional deposition not to exceed 1 hour. Defendants' motion for leave to serve subpoenas duces tecum, to compel, and for sanctions 51 is granted in part and denied in part. Plaintiffs are to produce documents and computations in support of claim for back-pay on or by 2/23/06 or be barred from seeking back-pay damages at trial. Status hearing set for 2/28/06 at 10:00 a.m. Motions terminated: MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel Class Members' Depositions 47, MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel, for Leave to Serve Subpoenas, and For Sanctions 51, MOTION by Defendants Cracker Barrel Old County Store, Inc., CBRL Group, Inc., CBOCS W Inc for sanctions and to Reconvene Depositions 49 Mailed notice (dmk, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
53

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc for summary judgment (Attachments: # 1 Statement of Undisputed Material Facts in Support of Motion for Summary Judgment# 2 Affidavit Michael Zylstra# 3 Brief in Support of Motion for Summary Judgment)(Gevertz, David) (Entered: 02/14/2006)

2 Statement of Undisputed Material Facts in Support of Motion for Summary Judgmen

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3 Affidavit Michael Zylstra

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4 Brief in Support of Motion for Summary Judgment

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Feb. 14, 2006

Feb. 14, 2006

PACER
54

NOTICE of Motion by David E. Gevertz for presentment of motion for summary judgment, 53 before Honorable Charles R. Norgle Sr. on 2/24/2006 at 09:30 AM. (Gevertz, David) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
55

MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to dismiss (Attachments: # 1 Brief in Support of Motion to Dismiss# 2 Exhibit A- Valerie Sucich Charge# 3 Exhibit B- Determination on Sucich Charge# 4 Exhibit C- Hubbard EEOC Charge# 5 Exhibit D- Determination on Hubbard Charge# 6 Exhibit E- Bloomington Charges# 7 Exhibit F- Bloomington Determinations)(Gevertz, David) (Entered: 02/14/2006)

2 Brief in Support of Motion to Dismiss

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3 Exhibit A- Valerie Sucich Charge

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4 Exhibit B- Determination on Sucich Charge

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5 Exhibit C- Hubbard EEOC Charge

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6 Exhibit D- Determination on Hubbard Charge

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7 Exhibit E- Bloomington Charges

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8 Exhibit F- Bloomington Determinations

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Feb. 14, 2006

Feb. 14, 2006

PACER
56

NOTICE of Motion by David E. Gevertz for presentment of motion to dismiss, 55 before Honorable Charles R. Norgle Sr. on 2/24/2006 at 09:30 AM. (Gevertz, David) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
80

MINUTE entry before Judge Charles R. Norgle Sr.: Magistrate Judge's Order of February 14, 2006 [59-1] is stricken, and the District Judge's Order [60-1] will stand. See below. Mailed notice (td, ) (Entered: 10/16/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
61

MINUTE entry before Judge Morton Denlow : Status hearing reset to 3/14/2006 at 10:00 AM. on request of the parties. Status hearing set for 2/28/06 is stricken. Mailed notice (dmk, ) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
62

MINUTE entry before Judge Charles R. Norgle Sr.: Enter Agreed Order. Status hearing on defendants' motion to dismiss and motion for summary judgment is reset to 3/10/2006 at 09:30 a.m. The date for filing the final pretrial order is extended to and including 3/28/06. Mailed notice (cdy, ) (Entered: 03/02/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
63

AGREED ORDER. Signed by Judge Charles R. Norgle Sr. on 2/23/2006.(cdy, ) (RESTRICTED) Modified on 3/2/2006 (tlm). (Entered: 03/02/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
64

MINUTE entry before Judge Charles R. Norgle Sr.: Enter Agreed Order. It is ordered that Docket N. 63, [Agreed to] Order entered March 2, 2006 shall be placed under seal and may be viewed only the parties and court personnel. telephoned notice (cdy, ) (Entered: 03/03/2006)

March 2, 2006

March 2, 2006

PACER
65

AGREED TO ORDER. Signed by Judge Charles R. Norgle Sr. on 3/2/2006.(cdy, ) (Entered: 03/03/2006)

March 2, 2006

March 2, 2006

PACER
66

MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to approve consent judgment Agreed Motion for Entry of Consent Decree (Attachments: # 1 Text of Proposed Order Consent Decree)(Calhoun, June) (Entered: 03/08/2006)

2 Text of Proposed Order Consent Decree

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March 8, 2006

March 8, 2006

PACER
67

NOTICE of Motion by June Wallace Calhoun for presentment of motion to approve consent judgment 66 before Honorable Charles R. Norgle Sr. on 3/10/2006 at 09:30 AM. (Calhoun, June) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

PACER
68

MINUTE entry before Judge Charles R. Norgle Sr.: Motion to approve consent judgment 66 is granted. Civil case terminated. Mailed notice (ewf, ) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
69

MINUTE entry before Judge Morton Denlow : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Status hearing set for 3/14/06 is stricken. Judge Morton Denlow no longer referred to the case. (dmk, ) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
70

MINUTE entry before Judge Charles R. Norgle Sr.: Enter Consent Decree. Mailed notice (cdy, ) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

PACER
71

CONSENT DECREE. Signed by Judge Charles R. Norgle Sr. on 3/13/2006.(cdy, ) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

PACER
72

MOTION by Clyde McLeod to amend (gma, ) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
73

NOTICE of Motion by Clyde McLeod for presentment of MOTION by Clyde McLeod to amend 72 before Honorable Charles R. Norgle Sr. on 5/12/2006 at 09:30 AM. (gma, ) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
74

MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiffs shall respond to pro se Clyde McLeod's motion to amend by 5/15/2006. Defendants shall Reply by 5/22/2006. Mailed notice (cdy, ) (Entered: 04/19/2006)

April 14, 2006

April 14, 2006

PACER
75

RESPONSE to McLeod's Motion to Amend Consent Decree (Attachments: # 1 Notice of Filing # 2 Certificate of Service)(Moore-Gibbs, Pamela) (Entered: 05/10/2006)

2 Notice of Filing

View on PACER

3 Certificate of Service

View on PACER

May 10, 2006

May 10, 2006

PACER
77

RESPONSE by Unknown Clyde McLeod to EEOC's response. (cdy, ) (Entered: 05/23/2006)

May 19, 2006

May 19, 2006

PACER
76

RESPONSE by Cracker Barrel Old County Store, Inc., CBOCS W Inc in Opposition to MOTION to amend/correct 72 the Consent Decree (Gevertz, David) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
78

TRANSCRIPT of Proceedings before Judge Morton Denlow held on 1/6/06 (Volumes 1). (gcy, ) (Entered: 07/17/2006)

July 12, 2006

July 12, 2006

PACER
79

MINUTE entry before Judge Charles R. Norgle Sr.: Before the court is Clyde McLeod's motion to amend the Consent Decree 72 is denied. For the following reasons, the motion is denied. (For further details see text below). Mailed notice (ar, ) (Entered: 07/27/2006)

July 24, 2006

July 24, 2006

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2004

Closing Date: 2008

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

Cracker Barrel Old County Store, Inc. (Bloomington, Mattoon and Matteson, Illinois), 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: 2000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Recordkeeping

Auditing

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits