Case: EEOC v. RAYNA ENTERPRISES, INC. d/b/a "ARRIBA MEXICAN GRILL"

2:04-cv-02056 | U.S. District Court for the District of Arizona

Filed Date: Sept. 30, 2004

Closed Date: Jan. 20, 2009

Clearinghouse coding complete

Case Summary

In September 2004, the Phoenix Office of the EEOC brought this lawsuit against Rayna Enterprises, Inc., doing business as Arriba Mexican Grill, in the U.S. District Court fort the District of Arizona. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against and harassed the four charging parties on the basis of sex, female, constructively discha…

In September 2004, the Phoenix Office of the EEOC brought this lawsuit against Rayna Enterprises, Inc., doing business as Arriba Mexican Grill, in the U.S. District Court fort the District of Arizona. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against and harassed the four charging parties on the basis of sex, female, constructively discharging the class of women and retaliating against one of the complainants. Following some discovery and a settlement conference, the parties settled the lawsuit in January 2006 through a consent decree.

The three year decree, containing an anti-discrimination and anti-retaliation clause, requires the defendant to: send a written apology to the claimants, post and distribute notice of EEO rights to its employees, provide training to all employees and special training to supervisors and managers, implement a dispute resolution process, appoint an internal investigator to review and update policies and procedures and investigate complaints, and pay $65,000 to be distributed among four individuals. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

David Friedman (10/10/2007)

Documents in the Clearinghouse

Document

2:04-cv-02056

Docket [PACER]

EEOC v. Rayna Enterprises

Jan. 20, 2006

Jan. 20, 2006

Docket
44

2:04-cv-02056

Consent Decree

EEOC v. Rayna Enterprises

Jan. 20, 2006

Jan. 20, 2006

Settlement Agreement

Resources

Docket

Last updated July 22, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (JIR) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

2

FIRST AMENDED COMPLAINT by pla EEOC; jury demand [1-1] (MAP) (Entered: 10/08/2004)

Oct. 5, 2004

Oct. 5, 2004

3

RETURN OF SERVICE EXECUTED summons/complaint upon dft Rayna Enterprises on 10/20/04 (KCS) (Entered: 10/28/2004)

Oct. 26, 2004

Oct. 26, 2004

4

ANSWER to complaint (amended) [2-1] by dft Rayna Enterprises (MAP) (Entered: 11/17/2004)

Nov. 9, 2004

Nov. 9, 2004

5

CORPORATE DISCLOSURE STATEMENT by dft Rayna Enterprises (MAP) (Entered: 11/17/2004)

Nov. 10, 2004

Nov. 10, 2004

6

ORDER SETTING SCHEDULING CONFERENCE by Judge Mary H. Murguia prel scheduling conf set for 3:45 12/20/04 (cc: all counsel) (MAP) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

7

PROPOSED CASE MGT PLAN/REPORT: ; ; (SRB) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

8

ATTORNEY APPEARANCE for pla EEOC by Karen E Nutter (MAP) (Entered: 12/14/2004)

Dec. 9, 2004

Dec. 9, 2004

9

MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: Merilyn Sanchez. Appearances: Sally Shanley and Karen Nutter for the plaintiff. Sharon Moyer for the defendant. Rule 16 Scheduling Conference held. The Court and counsel discuss the proposed deadlines. IT IS ORDERED setting this matter for Status Hearing re: settlement status on May 9, 2005 at 3:15 p.m. before the Honorable Mary H. Murguia. Order to follow. [cc: MHM] [9-2] (KSB) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

10

RULE 16 SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 10/14/05 ; dispositive motions due 11/18/05 (cc: all counsel) re: order (scheduling) [10-1] (SRB) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Rayna Enterprises (MAP) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

12

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (MAP) (Entered: 01/14/2005)

Jan. 7, 2005

Jan. 7, 2005

13

NOTICE of service of discovery by dft Rayna Enterprises . (MAP) (Entered: 03/02/2005)

Feb. 24, 2005

Feb. 24, 2005

15

MOTION for leave to file a 3rd Paty Complaint by dft Rayna Enterprises [15-1] ***UNSIGNED copy attached as an exhibit, no lodged pleading submitted*** (MAP) (Entered: 03/08/2005)

March 4, 2005

March 4, 2005

14

MINUTE ORDER: The Court ORDERS that the Status Hearing re: settlement status currently set on May 9, 2005 be reset to Tuesday, May 10, 2005 at 4:00 p.m. before the Honorable Mary H. Murguia. (cc: MHM, all counsel) [14-2] (KSB) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

16

RESPONSE by pla EEOC to motion for leave to file a 3rd Paty Complaint by dft Rayna Enterprises [15-1] ***UNSIGNED copy attached as an exhibit, no lodged pleading submitted*** (MAP) (Entered: 03/30/2005)

March 21, 2005

March 21, 2005

17

MOTION for Settlement Conference by dft Rayna Enterprises [17-1] (MAP) (Entered: 03/30/2005)

March 24, 2005

March 24, 2005

18

MINUTE ORDER that the Clk, by random draw refers this matter to Magistrate Judge Lawrence O Anderson for the purpose of conducting a Settlement Conference (cc: all counsel/LOA) [18-1] re: order (minute) [18-1] (MAP) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

19

REPLY by dft Rayna Enterprises to response to motion for leave to file a 3rd Paty Complaint by dft Rayna Enterprises [15-1] ***UNSIGNED copy attached as an exhibit, no lodged pleading submitted*** (MAP) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

20

SETTLEMENT CONFERENCE ORDER by Mag Judge Lawrence O. Anderson settlement conference set for 2:00 5/24/05 , before Mag Judge Lawrence O. Anderson (cc: all counsel) (MAP) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

21

NOTICE of service of discovery by pla EEOC . (MAP) (Entered: 04/05/2005)

April 1, 2005

April 1, 2005

22

NOTICE by dft of scheduling conflict for settlement conference of 5/24/05 (DMT) (Entered: 04/11/2005)

April 8, 2005

April 8, 2005

23

ORDER by Mag Judge Lawrence O. Anderson re: notice [22-1]; ORDERED GRANTING dft's request settlement conference reset for 2:00 6/6/05 , before Mag Judge Lawrence O. Anderson FURTHER ORDERED affirming all orders contained in this Court's order setting scheduling conference [20-3] except for the date and time of the conference (cc: all counsel) (LAD) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

24

MINUTE ORDER: The Court ORDERS that the Status Hearing re: settlement status currently set on May 10, 2005 be reset to Tuesday, June 14, 2005 at 4:00 p.m. before the Honorable Mary H. Murguia. Should this case settle, the parties shall immediately file a notice of settlement. (cc: all counsel) [24-2] (KSB) (Entered: 04/26/2005)

April 26, 2005

April 26, 2005

25

NOTICE of service of discovery requests by pla. (CMM) (Entered: 05/09/2005)

May 5, 2005

May 5, 2005

26

NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

27

MINUTE ENTRY before Mag Judge Lawrence O. Anderson settlement conference held Settlement not reached [27-2] (MAP) (Entered: 06/08/2005)

June 6, 2005

June 6, 2005

28

NOTICE of service of discovery by dft Rayna Enterprises (LAD) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

29

NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by dft Rayna Enterprises (LAD) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

30

MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: Merilyn Sanchez. Appearances: Karen Nutter and Emanuel Smith for the plaintiff. Sharon Moyer and Mark Dillon for the defendant. Status Hearing held. The Court notes that the parties have participated in a Settlement Conference and a settlement was not reached. Discussion held regarding the status of the case. The Court admonishes Plaintiff's counsel that should she intentionally delay discovery, the Court will consider sanctions. ] [30-2] (KSB) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

31

ORDER by Judge Mary H. Murguia denying motion for leave to file a 3rd Paty Complaint by dft Rayna Enterprises [15-1] ***UNSIGNED copy attached as an exhibit, no lodged pleading submitted*** (cc: all counsel) (SRB) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

32

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 06/23/2005)

June 22, 2005

June 22, 2005

33

Notice of service of EEOC's responses to defendant by Equal Employment Opportunity Commission (RDS) (Entered: 07/05/2005)

July 1, 2005

July 1, 2005

34

Plaintiff EEOC's Notice of Service of Second Supplemental Rule 26(A) (1) Disclosure Statement, by Equal Employment Opportunity Commission (RDS) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

35

NOTICE of Attorney Substitution by Mary Joleen O'Neill, Sally Clifford Shanley, Loretta Frances Medina adding Loretta Frances Medina for Equal Employment Opportunity Commission terminating Karen El Nutter (LSP, ) (Entered: 07/15/2005)

July 13, 2005

July 13, 2005

36

Notice of service of 3rd supplemental disclosure statement by Equal Employment Opportunity Commission (KCS) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

37

Notice of Service of Defendant's Second Set of Interrogatories and Third Request for Production, by Rayna Enterprises, Inc. (RDS) (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

38

Notice re Sevice of Dft's Second Supplemental Rule 26.1 Disclosure Statement by Rayna Enterprises, Inc. (LSP, ) (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

39

Notice re Service of Discovery Response by Equal Employment Opportunity Commission 2nd RFP (Shanley, Sally) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

40

Notice re Serivce of EEOC's Response to Third Request for Prodution and Second Set of Interrogatories by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

41

Notice re Service of Defendant's Third Supplemental Rule 26.1 Disclosure Statement by Rayna Enterprises, Inc. (Moyer, Sharon) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

42

Minute Order: There being no motions for summary judgment filed, the Court ORDERS setting this matter for Status Hearing on Monday, January 23, 2006 at 4:00 p.m. before the Honorable Mary H. Murguia. [This is a TEXT ONLY entry. There is no.pdf document attached.](KSP) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

43

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Shanley, Sally) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

44

CONSENT DECREE - See attached document for relief ordered. Signed by Judge Mary H Murguia on 01/13/06. (DNH, ) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: Jan. 20, 2009

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

Rayna Enterprises, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 65000

Order Duration: 2006 - 2009

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Apology

Retaliation Prohibition

Reporting

Implement complaint/dispute resolution process

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