Case: EEOC v. Management Hospitality of Racine, Inc., d/b/a IHOP

2:06-cv-00715 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: June 26, 2006

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On June 26, 2006, the Equal Employment Opportunity Council's (EEOC) Milwaukee District Office filed suit in U.S. District Court for the Eastern District of Wisconsin on behalf of two female employees and a class of similarly situated employees of the Defendant companies. The three Defendants were: 1) Management Hospitality of Racine, doing business as International House of Pancakes (IHOP); 2) the company's former president; and 3) Flipmeastack, Inc (Flip), an Illinois corporation doing busines…

On June 26, 2006, the Equal Employment Opportunity Council's (EEOC) Milwaukee District Office filed suit in U.S. District Court for the Eastern District of Wisconsin on behalf of two female employees and a class of similarly situated employees of the Defendant companies. The three Defendants were: 1) Management Hospitality of Racine, doing business as International House of Pancakes (IHOP); 2) the company's former president; and 3) Flipmeastack, Inc (Flip), an Illinois corporation doing business in Illinois and Wisconsin. The Plaintiff sued under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and Title I of the Civil Rights Act of 1991 (42 U.S.C. § 1981a). Specifically, the Plaintiff alleged that the Defendants engaged in unlawful employment practices on the basis of sex and retaliation, and that the Defendants had subjected female employees to a sexually hostile work environment. It also alleged that at least one female employee had been fired in retaliation for complaining about the way she was being treated. EEOC sought permanent injunctive relief, monetary damages (backpay, benefits, and compensation for emotional pain, suffering, and humiliation), and punitive damages. The case was assigned to Judge Lynn Adelman.

The parties' initially held a settlement conference on January 18, 2007, but the efforts proved futile. EEOC subsequently filed an amended complaint on July 2, 2007 only to add the third Defendant, Flip. After the settlement efforts fell through, the parties focused their efforts on the discovery process, which went on between January 2007 and November 2009.

At the close of discovery, jury trials were finally held in four-parts from November 16 to 19, 2009, and the verdict was for the Plaintiff. The jury ordered the Defendant to pay two claimants $5,000 in compensatory damages and $100,000 in punitive damages. In February 2010, the EEOC subsequently moved for damages and injunctive relief. The Defendants in turn also moved for judgment as a matter of law or in the alternative a new trial or a remittitur (lowering of the damage amount by the judge).

On August 31, 2010, when Judge Adelman ruled in favor of the EEOC and granted its motion while denying the Defendants' motion. He ordered the Defendants to pay the $105,000 in damages the jury had awarded. He did not order payment of attorneys' fees and costs. He also ordered that Flip comply with the following injunctions:

- Prohibit a sexually hostile work environment.

- Create a new sexual harassment program for all employees.

- Provide the EEOC with a proposal for creating the above program.

- Post a written notice informing employees of this order.

- Report to the EEOC of any sexual harassment complaint.

- Maintain records of its compliance with this injunction.

780 F.Supp.2d 802 (E.D.Wis. 2010).

This decision led the parties to cross-appeal: the Defendant appealed on September 24, 2010, while the EEOC cross-appealed on November 1, 2010 to dismiss the case.

While the appeal was pending, the parties encountered further problems. Flip had allegedly failed to comply with three specific parts of the injunction. Judge Adelman held a Contempt Hearing on May 20, 2011 regarding this noncompliance. He held in favor of the EEOC, finding Flip and IHOP's president guilty of civil contempt for violating the injunction entered on August 31, 2010. In addition to ordering that the Defendants abide by the previous injunction order, Judge Adelman added another requirement-- that the EEOC shall be allowed to conduct random inspections of the seventeen restaurants during business hours to ensure that the notices have been posted in accordance with the injunction and this order. 794 F.Supp.2d 921 (E.D.Wis. 2011).

On March 2, 2012, the U.S. Court of Appeals for the Seventh Circuit (Chief Judge Easterbrook, Circuit Judge Bauer, and District Judge Young) made its decision on the parties' cross appeals. The Court of Appeals:

- Affirmed the district court’s denial (from August 31, 2010) of the Defendants’ motion for judgment as a matter of law and motion for new trial with respect to Defendants.

- Reversed the district court’s grant of the EEOC’s Post-Trial Motions.

- Reversed and remanded the judgment against Flip, thereby dissolving the injunction.

- Remanded the decision on punitive damages.

- Confirmed no award of costs.

666 F.3d 422.

Because USCA dissolved the injunction, the parties strived to reach a settlement. On August 14, 2012, the parties submitted to the court a Proposed Settlement Agreement. Judge Adelman approved a Consent Decree a week later, which included all the details of the Agreement. The Decree was set to continue in effect for 2 years. The terms of the Agreement were as follows:

Monetary relief:

- Flip shall pay a combined $65,000 to two female claimants.

Injunctive relief:

- Flip shall not allow a sexually hostile work environment to exist at any of its seventeen restaurants at which it provides restaurant management consulting services. Restaurant management consulting services refer to sexual harassment, diversity and discrimination training, prevention, compliance, and investigation services. Flip shall advise EEOC in writing if any restaurants are added or deleted from that list during the term of the Consent Decree.

- Flip shall provide sexual harassment training for all employees at any restaurants.

- In a conspicuous location in its restaurants, Flip shall post a written notice that explains this lawsuit and employees' rights to complain to the EEOC about sexual harassment.

- Flip shall report to the EEOC within 30 days of any complaint of sexual harassment at any of its restaurants.

Judge Adelman closed the case in 2012.

Summary Authors

Jason Chester (6/2/2008)

Sean Mulloy (2/19/2018)

Lisa Koo (5/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4412474/parties/equal-employment-opportunity-commission-v-management-hospitality-of-racine/

Judge(s)

Adelman, Lynn S. (Wisconsin)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Monahan, Camille A. (Wisconsin)

Pladson, Nicholas J. (Minnesota)

Reams, Gwendolyn Young (District of Columbia)

Tyndall, Brian C. (Wisconsin)

Attorneys(s) for Defendant

Mihelich, Robert M. (Wisconsin)

Judge(s)

Adelman, Lynn S. (Wisconsin)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Monahan, Camille A. (Wisconsin)

Pladson, Nicholas J. (Minnesota)

Reams, Gwendolyn Young (District of Columbia)

Tyndall, Brian C. (Wisconsin)

Attorneys(s) for Defendant

Mihelich, Robert M. (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Management Hospitality of Racine Inc

Sept. 12, 2012 Docket
1

Complaint

EEOC v. Management Hospitality of Racine, Inc., d/b/a International House of Pancakes and Salauddin Janmohammed

June 26, 2006 Complaint
37

First Amended Complaint

EEOC v. Management Hospitality of Racine, Inc., d/b/a International House of Pancakes, Flipmeastack, Inc., and Salauddin Janmohammed

July 2, 2007 Complaint
184

Decision and Order

EEOC v. Management Hospitality of Racine Inc

Aug. 31, 2010 Order/Opinion

Opinion

U. S. Court of Appeals for the Seventh Circuit

666 F.3d 422

Jan. 9, 2012 Order/Opinion
236

Consent Decree and Order

EEOC v. Management Hospitality of Racine Inc

Aug. 14, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4412474/equal-employment-opportunity-commission-v-management-hospitality-of-racine/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT - Consent Forms Distributed for Magistrate Judge Aaron E Goodstein. E-File Notification & Judge Adelman's Standing Order Distributed. Jury Demand. (Attachments: # 1 Civil Cover Sheet# 2 Judge Adelman's Standing Order)(djd) (Entered: 06/27/2006)

2 Civil Cover Sheet

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3 Judge Adelman's Standing Order

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June 26, 2006 RECAP
2

REFUSAL of Consent to Jurisdiction by US Magistrate Judge filed by Equal Employment Opportunity Commission (djd)

July 17, 2006 PACER
4

WAIVER OF SERVICE Returned Executed by Salauddin Janmohammed waiver sent on 6/26/2006, answer due 8/25/2006. (Tyndall, Brian)

July 27, 2006 PACER
3

WAIVER OF SERVICE Returned Executed by Management Hospitality of Racine Inc waiver sent on 6/26/2006, answer due 8/25/2006. (Tyndall, Brian)

July 27, 2006 PACER
9

CERTIFICATE OF SERVICE by all defendants (Mihelich, Robert)

Aug. 24, 2006 PACER
8

Refusal to Jurisdiction by US Magistrate Judge by all defendants (Mihelich, Robert)

Aug. 24, 2006 PACER
7

CERTIFICATE of Interest by all defendants. (Mihelich, Robert)

Aug. 24, 2006 PACER
6

NOTICE of Appearance by Robert M Mihelich on behalf of all defendants. Attorney(s) appearing: Robert M. Mihelich (Mihelich, Robert)

Aug. 24, 2006 PACER
5

Defendants' ANSWER to Complaint and Affirmative Defenses by all defendants.(Mihelich, Robert)

Aug. 24, 2006 PACER

NOTICE by the Court. Parties are reminded to provide chambers with paper copies of all documents electronically filed pursuant to Judge Adelman's standing order. (Wesolek, Marie)

Sept. 6, 2006 PACER
10

SCHEDULING ORDER: signed by Judge Lynn Adelman on 9/13/06. Telephone Conference set for 10/26/2006 01:30 PM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Sept. 13, 2006 PACER
11

MOTION to Amend/Correct Unopposed Motion to Change Date for Scheduling Conference by Equal Employment Opportunity Commission. (Tyndall, Brian)

Sept. 28, 2006 PACER
12

Joint REPORT of Rule 26(f) Plan by Equal Employment Opportunity Commission. (Tyndall, Brian)

Oct. 4, 2006 PACER
13

SCHEDULING ORDER: signed by Judge Lynn Adelman on 10/5/06. Telephone Conference rescheduled from 10/26/06 to 11/1/2006 01:30 PM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Oct. 5, 2006 PACER
14

Minute Entry for telephonic scheduling conference held 11/1/06 by Judge Lynn Adelman: Settlement Conference set for 1/18/2007 01:30 PM in Courtroom 390 before Judge Lynn Adelman. Initial written discovery to be exchanged by 1/1/07. (djd) (Entered: 11/02/2006)

Nov. 1, 2006 PACER
15

Minute Entry for settlement conference held on 1/18/07 before Judge Lynn Adelman: Parties not able to settle. Court will set a scheduling conference. (djd)

Jan. 18, 2007 PACER
16

SCHEDULING ORDER: signed by Judge Lynn Adelman on 2/5/07.Telephonic Scheduling Conference set for 3/16/2007 01:30 PM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Feb. 5, 2007 PACER
18

LETTER from Brian C. Tyndall. (Tyndall, Brian)

Feb. 26, 2007 PACER
17

Second Joint REPORT of Rule 26(f) Plan by all parties. (Tyndall, Brian)

Feb. 26, 2007 PACER
19

NOTICE of Appearance by Jean P Kamp on behalf of Equal Employment Opportunity Commission, in place of Attys John Hendrickson and Gwendolyn Young Reams. (djd) (Entered: 02/28/2007)

Feb. 27, 2007 PACER
20

Minute Entry for telephonic scheduling conference held 3/16/07 before Judge Lynn Adelman; Court will adopt parties' scheduling order. (djd) (Entered: 03/20/2007)

March 16, 2007 PACER
21

SCHEDULING ORDER: signed by Judge Lynn Adelman on 3/19/07. Amended Pleadings due by 6/1/2007,Discovery due by 11/15/2007,Plaintiffs Expert Witness List due by 7/2/2007,Defendants Expert Witness List due by 9/3/2007,Motions due by 12/3/2007. (cc: all counsel)(Wesolek, Marie)

March 20, 2007 PACER
23

DECLARATION of Brian C. Tyndall in Support of Rule 7.4 Motion to Compel Discovery. (Attachments: # 1 # 2 # 3 # 4 # 5)(Tyndall, Brian)

May 2, 2007 PACER
22

MOTION to Compel Plaintiff EEOC's Rule 7.4 Expedited Non-Dispostive Motion to Compel Discovery by Equal Employment Opportunity Commission. (Tyndall, Brian)

May 2, 2007 PACER
24

Docket Annotation - Email sent to Atty Tyndall re 23 describing attachments (djd)

May 3, 2007 PACER
26

PROPOSED Order Extending Briefing Schedule filed by Management Hospitality of Racine Inc. (Mihelich, Robert)

May 7, 2007 PACER
25

STIPULATION to Extend Briefing Schedule by Management Hospitality of Racine Inc. (Mihelich, Robert)

May 7, 2007 PACER
27

Docket Annotation - Email sent to Atty Mihelich re attaching Proposed Order to Stipulation when efiling 25 26 (djd)

May 8, 2007 PACER

MARGIN ORDER to document #26 Approving Stipulation that defendants' response to motion to compel discovery is extended to 5/18/07 signed by Judge Lynn Adelman on 5/10/07. (cc: all counsel)(Wesolek, Marie)

May 10, 2007 PACER
30

CERTIFICATE OF SERVICE by all defendants (Mihelich, Robert)

May 18, 2007 PACER
29

AFFIDAVIT of Robert M. Mihelich in Support of Defendant's Brief in Opposition to Plaintiff's Motion to Compel. (Mihelich, Robert)

May 18, 2007 PACER
28

BRIEF in Opposition filed by all defendants re 22 MOTION to Compel Plaintiff EEOC's Rule 7.4 Expedited Non-Dispostive Motion to Compel Discovery. (Mihelich, Robert)

May 18, 2007 PACER
31

SCHEDULING ORDER: signed by Judge Lynn Adelman on 5/25/07. Telephonic Status Conference set for 6/6/2007 11:30 AM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

May 25, 2007 PACER
32

MOTION for Order Unopposed Motion to Change Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian)

June 1, 2007 PACER
33

Docket Annotation - email sent to Atty Tyndall re 32 efiling/emailing proposed orders (djd)

June 4, 2007 PACER
36

Minute Order. Proceedings held before Judge Lynn Adelman : granting 22 Motion to Compel; granting 32 Motion to Amend Scheduling Order. Plaintiff may amend complaint without further motion through 7/2/07. Telephonic Status Conference held on 6/6/2007. (rz) (Entered: 06/22/2007)

June 6, 2007 PACER
35

MOTION to Amend/Correct Scheduling Order Unopposed Motion to Change Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian)

June 21, 2007 PACER
34

LETTER from Brian C. Tyndall enclosing a copy of Unopposed Motion to Chagne Scheduling Order. (Tyndall, Brian)

June 21, 2007 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 6/25/07 granting 35 Motion to Amend/Correct. Plaintiff's experts due 7/31/07; defendant's experts due 9/30/07. (cc: all counsel) (Wesolek, Marie)

June 25, 2007 PACER
37

AMENDED COMPLAINT against Salauddin Janmohammed filed by Equal Employment Opportunity Commission. EEOC requests a jury trial on all questions of fact raised by its complaint.(Tyndall, Brian)

July 2, 2007 PACER
38

Defendants' ANSWER to Amended Complaint by all defendants.(Mihelich, Robert)

July 20, 2007 PACER
41

DECLARATION of Brian C. Tyndall Motion for Order to Show Cause and for Other Relief. (Tyndall, Brian)

July 24, 2007 PACER
40

PROPOSED ORDER MOTION for Order to Show Cause and for Other Relief by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified on 7/25/2007 (Dimiceli, Diane).

July 24, 2007 PACER
39

MOTION for Order to Show Cause and For Other Relief by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Tyndall, Brian)

2 Exhibit

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July 24, 2007 PACER
42

ORDER that witness Rosalio Gutierrez appear in court on 8/7/07 at 2 p.m. to show cause signed by Judge Lynn Adelman on 7/29/07. (cc: Rosalio Gutierrez, all counsel)(Wesolek, Marie)

July 30, 2007 PACER
43

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission documents being served on deponent along with order from Judge Adelman (Tyndall, Brian)

July 31, 2007 PACER
44

Minute Entry for cause hearing held 8/7/07 before Judge Lynn Adelman: Gutierrez agreed to appear at a deposition set for 9/5/2007 10:00 AM in the Federal Courthouse. The Court threatened to hold Gutierrez in contempt if he does not appear at that time. (djd) (Entered: 08/08/2007)

Aug. 7, 2007 PACER
45

LETTER from Brian C. Tyndall to Judge Adelman regarding witness Rosalio Gutierrez, Jr.. (Tyndall, Brian)

Sept. 5, 2007 PACER
46

Judgment Offer by all defendants Pursuant to Rule 68. (Mihelich, Robert)

Sept. 21, 2007 PACER
47

PROPOSED Unopposed Motion to Change Scheduling Order filed by Equal Employment Opportunity Commission w/ Proposed Order. (Tyndall, Brian) Modified on 10/17/2007 (Dimiceli, Diane).

Oct. 15, 2007 PACER

ORDER signed by Judge Lynn Adelman on 10/17/07 granting 47 motion to change scheduling order. Discovery to be completed by 12/21/07; dispositive motion deadline 1/21/08. (cc: all counsel) (Wesolek, Marie)

Oct. 18, 2007 PACER
48

Unopposed MOTION to Amend/Correct Unopposed Motion to Change Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian) Text Modified on 12/5/2007 (Zvers, Rita).

Dec. 4, 2007 PACER
49

MOTION to Amend/Correct Unopposed Motion to Amend Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian)

Jan. 15, 2008 PACER
50

ORDER signed by Judge Lynn Adelman on 1/23/08 granting 49 Motion to Amend/Correct. (cc: all counsel) (Wesolek, Marie)

Jan. 23, 2008 PACER
51

MOTION to Amend/Correct Scheduling Order Unopposed Motion to Change Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian)

Feb. 28, 2008 PACER
52

ORDER signed by Judge Lynn Adelman on 3/3/08 granting 51 Motion to Amend/Correct. Discovery due 4/16/08; dispositive motions due 5/16/08. (cc: all counsel) (Wesolek, Marie)

March 3, 2008 PACER
54

PROPOSED Order filed by all parties. (Mihelich, Robert)

April 16, 2008 PACER
53

Joint MOTION to Amend/Correct Scheduling Order by all parties. (Mihelich, Robert)

April 16, 2008 PACER

MARGIN ORDER signed by Judge Lynn Adelman granting 53 Motion to Amend/Correct. Discovery deadline 5/16/08; dispositive motion deadline 7/1/08. (cc: all counsel) (Wesolek, Marie)

April 24, 2008 PACER
55

Docket Annotation - Email sent to Atty Mihelich re emailing proposed order 54 (djd)

April 24, 2008 PACER
56

LETTER from Attorney Robert M. Mihelich. (Mihelich, Robert)

June 2, 2008 PACER
57

ORDER signed by Judge Lynn Adelman on 6/5/08 REFERRING CASE to Magistrate Judge Aaron E Goodstein for mediation. (cc: all counsel)(djd)

June 5, 2008 PACER
58

ORDER REGARDING SETTLEMENT PROCEEDINGS signed by Magistrate Judge Aaron E Goodstein on 6/6/2008. Settlement Conference set for 7/23/2008 at 9:30 AM in Courtroom 254 before Magistrate Judge Aaron E Goodstein. See Order for deadlines. (cc: all counsel)(Goodstein, A.)

June 6, 2008 PACER
59

MOTION to Amend/Correct Scheduling Order by all defendants. (Mihelich, Robert)

June 30, 2008 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 7/1/08 granting 59 Motion to Amend/Correct. Dispositive motions due 9/1/08. (cc: all counsel) (Wesolek, Marie)

July 1, 2008 PACER
60

LETTER from Brian C. Tyndall regarding time of mediation to be changed from 9:30 to 10:30. (Tyndall, Brian)

July 8, 2008 PACER
63

Minute Entry for proceedings held before Magistrate Judge Aaron E Goodstein: Settlement Conference held on 7/23/2008; parties did not settle; case returned to Judge Adelman for continued processing (vkb) (Entered: 07/24/2008)

July 23, 2008 PACER
62

ORDER RETURNING CASE signed by Magistrate Judge Aaron E Goodstein on 7/23/2008. The mediation did not result in the resolution of plaintiff's claims. Case no longer referred. (cc: all counsel)(Goodstein, A.)

July 23, 2008 PACER
65

PROPOSED filed by all defendants. (Mihelich, Robert)

Aug. 29, 2008 PACER
64

Joint MOTION to Amend/Correct Scheduling Order by all defendants. (Mihelich, Robert)

Aug. 29, 2008 PACER

Set/Reset Deadlines: Motions due by 10/15/2008 (djd)

Sept. 2, 2008 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 9/2/08 granting 64 Motion to Amend/Correct. Dispositive motions due 10/15/08. (cc: all counsel) (Wesolek, Marie)

Sept. 2, 2008 PACER
66

Joint MOTION to Amend/Correct Scheduling Order by all parties. (Mihelich, Robert)

Oct. 15, 2008 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 10/16/08 granting 66 Motion to Amend/Correct. Dispositive motions due 12/1/08. (cc: all counsel) (Wesolek, Marie)

Oct. 16, 2008 PACER
67

MOTION to Amend/Correct Scheduling Order by all parties. (Mihelich, Robert)

Nov. 21, 2008 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 11/26/08 granting 67 Motion to Amend/Correct. Dispositive motions due 12/22/08. (cc: all counsel) (Wesolek, Marie)

Nov. 26, 2008 PACER
74

BRIEF in Support filed by all defendants re 70 MOTION for Partial Summary Judgment. (Mihelich, Robert)

Dec. 22, 2008 PACER
73

DECLARATION of Steve Smith in Support of Defendants' Motion for Partial Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mihelich, Robert)

2 Exhibit 1

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3 Exhibit 2

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Dec. 22, 2008 PACER
72

DECLARATION of Victoria Janmohammed in Support of Motion for Partial Summary Judgment. (Mihelich, Robert)

Dec. 22, 2008 PACER
71

Proposed Findings of Fact by all defendants (Mihelich, Robert)

Dec. 22, 2008 PACER
70

MOTION for Partial Summary Judgment by all defendants. (Mihelich, Robert)

Dec. 22, 2008 PACER
69

Docket Annotation - Email sent to Atty Mihelich re pdf requirement for 68 Affidavit (djd)

Dec. 22, 2008 PACER
68

AFFIDAVIT of Robert M Mihelich in Support of Defts' Motion for Partial Summary Judgment (filed in bound paper format) (djd)

Dec. 22, 2008 PACER
75

Joint MOTION for Extension of Time to Respond to Defendants' Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Tyndall, Brian)

Jan. 16, 2009 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 1/21/09 granting 75 Motion for Extension of Time. Plaintiff's response to motion for partial summary judgment due 2/4/09. (cc: all counsel) (Wesolek, Marie)

Jan. 21, 2009 PACER
76

MOTION to Amend/Correct Unopposed Motion to Amend Schedule for Response to Defendants' Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Tyndall, Brian)

Jan. 30, 2009 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 2/3/09 granting 76 Motion to Amend/Correct. (cc: all counsel) (Wesolek, Marie)

Feb. 3, 2009 PACER
77

Joint MOTION for Extension of Time for Response to Defendants' Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Tyndall, Brian)

Feb. 17, 2009 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 2/19/09 granting 77 Motion for Extension of Time. EEOC response due 2/23/09. (cc: all counsel) (Wesolek, Marie)

Feb. 19, 2009 PACER
80

DECLARATION of Brian C. Tyndall in Opposition to Defendant's Motion for Partial Summary Judgment. (Attachments: # 1 Attachment A to Declaration, # 2 Attachment B to Declaration, # 3 Attachment C to Declaration, # 4 Attachment D to Declaration, # 5 Attachment E to Declaration, # 6 Attachment F to Declaration, # 7 Attachment G to Declaration, # 8 Attachment H to Declaration, # 9 Attachment I to Declaration, # 10 Attachment J to Declaration)(Tyndall, Brian)

2 Attachment A to Declaration

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3 Attachment B to Declaration

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4 Attachment C to Declaration

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5 Attachment D to Declaration

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6 Attachment E to Declaration

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7 Attachment F to Declaration

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8 Attachment G to Declaration

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9 Attachment H to Declaration

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10 Attachment I to Declaration

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11 Attachment J to Declaration

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Feb. 23, 2009 PACER
79

Proposed Findings of Fact by Equal Employment Opportunity Commission. (Tyndall, Brian)

Feb. 23, 2009 PACER
78

BRIEF in Opposition filed by Equal Employment Opportunity Commission re 70 MOTION for Partial Summary Judgment EEOC's Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment. (Tyndall, Brian)

Feb. 23, 2009 PACER
81

MOTION for Extension of Time to Reply to Plaintiff's Response to Defendants' Motion for Partial Summary Judgment by all defendants. (Mihelich, Robert)

March 4, 2009 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 3/9/09 granting 81 Motion for Extension of Time. Defendants' reply to plaintiff's response to motion for partial summary judgment due 3/23/09. (cc: all counsel) (Wesolek, Marie)

March 9, 2009 PACER
82

MOTION for Extension of Time by all defendants. (Mihelich, Robert)

March 25, 2009 PACER
86

REPLY BRIEF in Support filed by all defendants re 70 MOTION for Partial Summary Judgment. (Mihelich, Robert)

March 30, 2009 PACER
85

Supplemental AFFIDAVIT of Robert M. Mihelich in Support of Defendants' Motion for Partial Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mihelich, Robert)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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March 30, 2009 PACER
84

Response to EEOC's Proposed Findings of Fact by all defendants (Mihelich, Robert) Modified on 4/2/2009 (djd).

March 30, 2009 PACER
83

Reply to EEOC's Opposition - Proposed Findings of Fact by all defendants (Mihelich, Robert) Modified on 4/2/2009 (djd).

March 30, 2009 PACER

MARGIN ORDER signed by Judge Lynn Adelman on 3/27/09 granting 82 Motion for Extension of Time. Defendants' reply to plaintiff's response to motion for partial summary judgment due 3/30/09. (cc: all counsel)(dm)

March 30, 2009 PACER

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 26, 2006

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two former female employees and similarly situated female employees of the two Defendant companies.

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

Management Hospitality of Racine Inc (IHOP) (Racine, Racine), Private Entity/Person

Flipmeastack, Inc (Racine, Racine), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 2012 - 2014

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Required disclosure

Retaliation Prohibition

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