Case: EEOC v. LLC RESTAURANT CONCEPTS II (d/b/a APPLEBEE'S NEIGHBORHOOD BAR & GRILL)

6:04-cv-00709 | U.S. District Court for the District of New Mexico

Filed Date: June 23, 2004

Closed Date: Oct. 26, 2005

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Case Summary

The EEOC's Phoenix District Office sued LLC Restaurant Concepts, II, d/b/a Applebee's Neighborhood Bar & Grill, on June 23, 2004 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that LLC violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliating against a female employee for her complaint. The parties entered into a consent decree on October 26, 2005 which stipulated that the defendant would pay $310,000 in damages to be split among seven affected employees, revise and distribute its EEO policy, post a notice of compliance with Title VII, provide annual Title VII compliance training for the duration of the consent decree, revise its complaint resolution procedure, and report its progress to the EEOC semiannually. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Aaron Weismann (6/14/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Documents in this case

6:04-cv-00709	Docket (PACER) EEOC v. Restaurant Concepts	Oct. 26, 2005	Oct. 26, 2005 Docket
1 6:04-cv-00709	Complaint Equal Employment Opportunity Commission v. Restaurant Concepts II, LLC d/b/a Applebee's Neighborhood Grill and Bar	June 23, 2004	June 23, 2004 Complaint
65 6:04-cv-00709	Consent Decree Equal Employment Opportunity Commission v. Restaurant Concepts II, LLC d/b/a Applebee's Neighborhood Grill and Bar	Oct. 26, 2005	Oct. 26, 2005 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 26, 2025, 8:31 a.m.

ECF Number	Date	Description	Link
1	June 23, 2004	COMPLAINT for civil rights w/jury demand (referred to Magistrate Judge Don J. Svet) (emr) Modified on 06/25/2004 (Entered: 06/24/2004)	PACER
	June 23, 2004	LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 06/24/2004)	PACER
	June 28, 2004	SUMMONS issued as to deft (jrm) (Entered: 06/29/2004)	PACER
2	July 1, 2004	NOTICE by pltf of refusal to consent to proceed before a US Magistrate Judge (cc: intake) (jrm) (Entered: 07/01/2004)	PACER
3	July 7, 2004	MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Magistrate Judge W Daniel Schneider to District Judge Judith C. Herrera (cc: all counsel*) (jrm) (Entered: 07/07/2004)	PACER
4	Aug. 30, 2004	MOTION by deft for attorneys Alisa L Pittman & William A Pinto Jr to appear pro hac vice (jrm) (Entered: 08/31/2004)	PACER
5	Aug. 30, 2004	ENTRY OF APPEARANCE for defendant by Carol Dominguez Shay (emr) (Entered: 08/31/2004)	PACER
6	Aug. 30, 2004	ANSWER by defendant [1-1] (emr) (Entered: 08/31/2004)	PACER
7	Sept. 1, 2004	ORDER by Magistrate Judge Don J. Svet granting deft's unopposed motion for attorneys Alisa L Pittman & William A Pinto Jr to appear pro hac vice [4-1] (cc: all counsel) (jrm) Modified on 09/03/2004 (Entered: 09/01/2004)	PACER
8	Oct. 19, 2004	INITIAL SCHEDULING ORDER by Magistrate Judge Don J. Svet Rule 16 scheduling conference set for 11/18/04 @ 3:00 pm; provisional discovery plan & IPTR due 11/10/04 (cc: all counsel*) (jrm) (Entered: 10/19/2004)	PACER
10	Nov. 18, 2004	CLERK'S MINUTES: before Magistrate Judge Don J. Svet Rule 16 scheduling conference held (jrm) (Entered: 11/22/2004)	PACER
11	Nov. 22, 2004	CERTIFICATE of service of initial disclosures by pltf to counsel on 11/22/04 (*) (jrm) (Entered: 11/23/2004)	PACER
12	Nov. 24, 2004	CERTIFICATE by defendant of service of Rule 26 Initial Disclosures to counsel on 11/22/04 (emr) (Entered: 11/26/2004)	PACER
13	Dec. 2, 2004	CERTIFICATE of Service by deft of 1st ntc of subpoenas for production to counsel on 12/1/04 (pr) (Entered: 12/03/2004)	PACER
14	Dec. 10, 2004	CERTIFICATE of service of 1st request for production & 1st set of non-uniform interrog(s) by pltf to counsel on 12/10/04 (*) (jrm) (Entered: 12/10/2004)	PACER
15	Jan. 18, 2005	CERTIFICATE of service of 1st set of interrog(s) by deft to counsel on 12/24/04 (seal) (Entered: 01/18/2005)	PACER
16	Jan. 18, 2005	CERTIFICATE of service of objections & responses to 1st request for production by deft to counsel on 1/12/05 (seal) (Entered: 01/18/2005)	PACER
17	Jan. 18, 2005	CERTIFICATE of service of 1st request for production by deft to counsel on 12/24/04 (seal) (Entered: 01/18/2005)	PACER
18	Jan. 18, 2005	CERTIFICATE of service of 1st set of non-uniform interrog(s) by deft to counsel on 1/12/05 (seal) (Entered: 01/18/2005)	PACER
19	Jan. 21, 2005	CERTIFICATE of service of 2nd ntc of subpoenas for production of documents & things by deft to counsel on 1/13/05 (jrm) (Entered: 01/24/2005)	PACER
20	Jan. 27, 2005	CERTIFICATE of service of answers & objections to 1st set of interrog(s) by pltf to counsel on 1/26/05 (*) (jrm) (Entered: 01/27/2005)	PACER
21	Jan. 27, 2005	CERTIFICATE of service of responses & objections to 1st set of production by pltf to counsel on 1/26/05 (*) (jrm) (Entered: 01/27/2005)	PACER
22	Jan. 31, 2005	CERTIFICATE of service of 2nd request for production by pltf to counsel on 1/28/05 (*) (jrm) (Entered: 01/31/2005)	PACER
23	Feb. 3, 2005	UNOPPOSED MOTION by pltf to extend time until 3/4/05 in which to serve mtn to compel (*) (seal) (Entered: 02/03/2005)	PACER
24	Feb. 3, 2005	CERTIFICATE of service of 1st request for admissions & 2nd request for production by pltf to counsel on 2/3/05 (*) (seal) (Entered: 02/03/2005)	PACER
25	Feb. 4, 2005	CERTIFICATE of service of ntc of depo of Kimberly Beaty by pltf to counsel on 2/2/05 (jrm) (Entered: 02/04/2005)	PACER
26	Feb. 11, 2005	CERTIFICATE of service of ntc of depo tuces tecum by pltf to counsel on 2/11/05 (*) (jrm) (Entered: 02/14/2005)	PACER
27	Feb. 15, 2005	CERTIFICATE of service of 2nd set of interrog(s) by deft to counsel on 2/14/05 (jrm) (Entered: 02/15/2005)	PACER
29	March 11, 2005	CERTIFICATE by plaintiff of service of Notices of Deposition to counsel on 03/07/05 (nc) (Entered: 03/11/2005)	PACER
30	March 17, 2005	CERTIFICATE of service of answers & objections to 2nd set of interrog(s) by pltf to counsel on 3/17/05 (*) (jrm) (Entered: 03/17/2005)	PACER
31	March 28, 2005	INITIAL PRE-TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge Don J. Svet; Discovery set for 4/18/05; mtn filing ddl set for 7/7/05; proposed pretrial order due 9/19/05; pretrial conference set for 12/14/05 (parties to be notified of time); jury trial set for 9:00 a.m. on 1/19/06; Estimated # of Trial Days: 7-10; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 03/28/2005)	PACER
32	April 5, 2005	JOINT MOTION by parties to amend the IPTR (*) (jrm) (Entered: 04/05/2005)	PACER
33	April 14, 2005	Third ntc of subpoenas for production of documents & things to non-parties by deft (*) (jrm) (Entered: 04/14/2005)	PACER
34	April 26, 2005	CERTIFICATE of service of 2nd ntc of depo of Dina Solis by deft to counsel on 4/22/05 (jrm) (Entered: 04/26/2005)	PACER
35	April 28, 2005	CERTIFICATE of service of 1st supplemental initial disclosures by pltf to counsel on 4/27/05 (jrm) (Entered: 04/29/2005)	PACER
36	May 6, 2005	CERTIFICATE of Service by deft of 4th ntc of subpoenas for production to counsel on 5/5/05* (pr) (Entered: 05/06/2005)	PACER
37	May 9, 2005	CERTIFICATE of service of 3rd set of interrog(s) by deft to counsel on 5/9/05 (*) (jrm) (Entered: 05/09/2005)	PACER
38	May 12, 2005	CERTIFICATE of service of 2nd supplemental initial disclosures by pltf to counsel on 5/12/05 (*) (jrm) (Entered: 05/12/2005)	PACER
39	May 16, 2005	CERTIFICATE of service of ntc of depo of Robert Brooks, Connie Castaneda & Jessica Lacy by pltf to counsel on 5/13/05 (*) (jrm) (Entered: 05/16/2005)	PACER
40	May 17, 2005	CERTIFICATE of service of objections & responses to 3rd request for production by deft to counsel on 5/11/05 (jrm) (Entered: 05/17/2005)	PACER
41	May 18, 2005	CERTIFICATE of service of 5th ntc of subpoenas for production of documents & things to non-parties by deft to counsel on 5/18/05 (*) (jrm) (Entered: 05/18/2005)	PACER
42	May 19, 2005	ORDER by Magistrate Judge Don J. Svet granting the joint motion to amend the IPTR [32-1] Discovery cutoff 7/18/05 ; Motion Filing cutoff 10/5/05 ; Pretrial order ddl 12/19/05 ; Pretrial conference set for 2/22/06, time not set ; Jury trial set for 3/13/06 @ 9:00 am in Albuquerque (cc: all counsel) (jrm) (Entered: 05/19/2005)	PACER
43	May 25, 2005	CERTIFICATE of service of 2nd ntc of depos of Robert Brooks, Connie Castaneda & Jessica Lacy by pltf to counsel on 5/24/05 (*) (jrm) (Entered: 05/25/2005)	PACER
45	May 26, 2005	CERTIFICATE of service of ntc of depo of Wasatch Investigations, Inc by deft to counsel on 5/26/05 (*) (jrm) (Entered: 05/26/2005)	PACER
46	May 27, 2005	CERTIFICATE of service by defendant of 3rd ntc of deposition of D Solis to counsel on 5/27/05 * (vv) (Entered: 05/27/2005)	PACER
47	May 27, 2005	CERTIFICATE of service by defendant of 6th notice of subpoenas for production of documents & things to counsel on 5/27/05 * (vv) (Entered: 05/27/2005)	PACER
48	June 3, 2005	CERTIFICATE of service of 7th ntc of subpoenas for production of documents & things to non-parties by deft to counsel on 6/3/05 (*) (jrm) (Entered: 06/03/2005)	PACER
49	June 14, 2005	CERTIFICATE of service of answers & objections to 3rd set of interrog(s) by pltf to counsel on 6/14/05 (*) (jrm) (Entered: 06/14/2005)	PACER
50	June 14, 2005	CERTIFICATE of service of 3rd notices of depo of Jessica Lacy & Connie Castaneda by deft to counsel on 6/14/05 (*) (jrm) (Entered: 06/14/2005)	PACER
51	June 16, 2005	CERTIFICATE of Service by pltf of 4th request for production to counsel on 6/16/05* (pr) (Entered: 06/16/2005)	PACER
52	June 21, 2005	CERTIFICATE of Service by pltf of responses to request for production made as part of ntc of depo of Dina Solis to counsel on 6/21/05* (pr) (Entered: 06/21/2005)	PACER
53	June 21, 2005	CERTIFICATE of Service by pltf of 1st request for admissions to counsel on 6/17/05* (pr) (Entered: 06/21/2005)	PACER
54	June 24, 2005	CERTIFICATE of service of 4th set of interrog(s) by deft to counsel on 6/24/05 (*) (jrm) (Entered: 06/24/2005)	PACER
55	June 24, 2005	CERTIFICATE of service of 2nd request for production by deft to counsel on 6/17/05 (*) (jrm) (Entered: 06/24/2005)	PACER
56	July 5, 2005	UNOPPOSED MOTION by deft to extend time to file its mtn to compel (*) (jrm) (Entered: 07/05/2005)	PACER
57	July 8, 2005	CERTIFICATE of service of 3rd supplemental disclosure by pltf to counsel on 7/8/05 (*) (seal) (Entered: 07/08/2005)	PACER
58	July 13, 2005	ORDER by Magistrate Judge Don J. Svet setting a mandatory Rule 16 settlement conference for 8/30/05 @ 8:30 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 07/13/2005)	PACER
59	July 13, 2005	JOINT MOTION to extend remaining pretrial deadlines (*) (jrm) (Entered: 07/13/2005)	PACER
60	July 15, 2005	ORDER by Magistrate Judge Don J. Svet granting the joint motion to extend remaining pretrial deadlines [59-1] Discovery cutoff 8/26/05 ; Motion Filing cutoff 11/11/05 ; Pretrial order ddl 1/26/06 (cc: all counsel) (jrm) (Entered: 07/15/2005)	PACER
62	Aug. 2, 2005	ORDER by Magistrate Judge Don J. Svet granting deft's second unopposed motion to extend time until 8/12/05 to file mtn to compel [61-1], [56-1] (cc: all counsel*) (jrm) (Entered: 08/02/2005)	PACER
63	Aug. 26, 2005	ORDER by Magistrate Judge Don J. Svet vacating the 8/30/05 settlement conference (cc: all counsel*) (jrm) (Entered: 08/29/2005)	PACER
64	Sept. 28, 2005	ORDER by Magistrate Judge Don J. Svet denying as moot the motion to extend time until 3/4/05 in which to serve mtn to compel [23-1] by EEOC (cc: all counsel*) (jrm) (Entered: 09/28/2005)	PACER
65	Oct. 26, 2005	CONSENT DECREE by District Judge Judith C. Herrera (SEE DOCUMENT FOR SPECIFICS) dismissing case (cc: all counsel) (mjr) (Entered: 10/27/2005)	PACER

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Case Details

State / Territory:

New Mexico

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: June 23, 2004

Closing Date: Oct. 26, 2005

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

Private Entity/Person

LLC Restaurants Concepts, II

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 6:04-cv-00709

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 310000

Order Duration: 2005 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. LLC RESTAURANT CONCEPTS II (d/b/a APPLEBEE'S NEIGHBORHOOD BAR & GRILL), Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8010/ (last updated 6/11/2017).