Case: EEOC v. Red Robin Diner

2:03-cv-03881 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 30, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In June 2003, the Philadelphia District Office of the EEOC filed this lawsuit against Red Robin Diner in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected claimants, female employees, to a sexually hostile work environment culminating in their constructive discharge. Following some discovery and the setting of a trial date, the parties s…

In June 2003, the Philadelphia District Office of the EEOC filed this lawsuit against Red Robin Diner in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected claimants, female employees, to a sexually hostile work environment culminating in their constructive discharge. Following some discovery and the setting of a trial date, the parties settled the lawsuit in November 2005 through a consent decree.

This consent decree has a term of three years and required the defendant to: pay $15,000 in damages to the claimants, refrain from discriminating or retaliating against employees, to provide annual training for all managers and supervisory employees, to maintain and distribute a written policy against discrimination and to post notice of EEO rights. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Keri Livingston (11/1/2007)

People


Judge(s)

Hart, Jacob P. (Pennsylvania)

Kauffman, Bruce William (Pennsylvania)

Strawbridge, David R. (Pennsylvania)

Attorneys(s) for Plaintiff

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Recchuiti, Francis (Pennsylvania)

Santiago-Flores, Iris (Pennsylvania)

Judge(s)

Hart, Jacob P. (Pennsylvania)

Kauffman, Bruce William (Pennsylvania)

Strawbridge, David R. (Pennsylvania)

Attorneys(s) for Plaintiff

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Recchuiti, Francis (Pennsylvania)

Santiago-Flores, Iris (Pennsylvania)

Documents in the Clearinghouse

Document

Complaint

June 30, 2003 Complaint

Memorandum and Order [Regarding Plaintiff's Motion to Compel]

2004 WL 1505358, 2004 U.S.Dist.LEXIS 11837

April 4, 2004 Order/Opinion
32

Report and Recommendation

Nov. 1, 2005 Magistrate Report/Recommendation

Consent Decree

Dec. 1, 2005 Settlement Agreement

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against RED ROBIN DINER , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) Additional attachment(s) added on 7/2/2003 (cl, ). (Entered: 06/30/2003)

June 30, 2003

One Original Summons Issued as to RED ROBIN DINER. Forwarded To: Counsel on 6/30/03 (ti, ) (Entered: 06/30/2003)

June 30, 2003

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 06/30/2003)

June 30, 2003
2

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: N. Krupa served Summons and Complaint upon RED ROBIN DINER by substitute. RED ROBIN DINER served on 7/18/2003, answer due 8/7/2003. (ph, ) (Entered: 07/21/2003)

July 18, 2003
3

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: N. Krupa served Summons and Complaint upon RED ROBIN DINER by substitute served Debbie Ciccarelli RED ROBIN DINER served on 7/18/2003, answer due 8/7/2003. (ph, ) (Entered: 07/25/2003)

July 25, 2003
4

NOTICE of Appearance by FRANCIS RECCHUITI on behalf of RED ROBIN DINER with jury demand, Certificate of service (ph, ) (Entered: 08/08/2003)

Aug. 7, 2003
5

ANSWER, affirmative defenses to Complaint, Certificate of service by RED ROBIN DINER.(ph, ) (Entered: 08/08/2003)

Aug. 7, 2003

Issue Joined (ph, ) (Entered: 08/08/2003)

Aug. 7, 2003
6

APPLICATION by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION for entry of default as to RED ROBIN DINER, Affidavit in support, Certificate of service (ph, ) (Entered: 10/09/2003)

Oct. 8, 2003
7

Praecipe by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to withdraw plaintiff's application for entry of default judgment, Certificate of service. (ph, ) (Entered: 10/20/2003)

Oct. 17, 2003
8

ORDER THAT THE PARTIES SHALL MEET TO DISCUSS THE NATURE AND BASIS OF THEIR CLAIMS AND DEFENSES, AND THE POSSIBILITIES FOR A PROMPT SETTLEMENT OR RESOLUTION OF THE CASE, THE PARTIES SHALL DEVELOP A PROPOSED DISCOVERY PLAN AND SHALL SUBMIT TO THE COURT, ON OR BEFORE 12/3/03, A JOINT RULE 16 MEMORANDUM ETC. . SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 11/5/03. 11/5/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 11/05/2003)

Nov. 5, 2003

JOINT PRETRIAL MEMO DUE BY 12/3/2003. (ph, ) (Entered: 11/07/2003)

Nov. 5, 2003
9

JOINT RULE 16 PRETRIAL MEMORANDUM by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, RED ROBIN DINER . (ph, ) (Entered: 12/04/2003)

Dec. 3, 2003
10

ORDER DISCOVERY DUE BY 4/30/2004. MOTIONS DUE BY 5/28/2004. DEFENDANT PRETRIAL MEMO DUE BY 6/30/2004. PLAINTIFF PRETRIAL MEMO DUE BY 6/30/2004. TRIAL POOL SET FOR 9/10/2004. FINAL PRETRIAL CONFERENCE SET FOR 9/7/2004 11:00 AM BEFORE HONORABLE BRUCE W. KAUFFMAN ETC.. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 12/9/03. 12/10/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 12/10/2003)

Dec. 9, 2003

Set/Reset Deadlines: MOTIONS DUE BY 6/30/2004. (ph, ) (Entered: 12/26/2003)

Dec. 9, 2003
11

MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT REQUESTS BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(stb, ) Additional attachment(s) added on 3/29/2004 (ph, ). (Entered: 03/18/2004)

March 18, 2004
12

ORDER REFERRING CASE TO MAGISTRATE JUDGE JACOB P. HART FOR ALL PETRIAL MANAGEMENT PURPOSES, INCLUDING THE RESOLUTION OF ALL NON DISPOSITIVE MOTIONS. . SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 3/23/04. 3/24/04 ENTERED AND COPIES MAILED AND FAXED.(ph, ) (Entered: 03/24/2004)

March 23, 2004
13

Brief in Opposition to plaintiff's motion to compel answers to interrogatories and document requests, Certificate of service filed by RED ROBIN DINER. (ph, ) (Entered: 04/01/2004)

March 31, 2004
14

MEMORADUM AND ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT REQUESTS ETC. . SIGNED BY JUDGE JACOB P. HART ON 4/5/04.4/5/04 ENTERED AND COPIES MAILED AND FAXED. (ph, ) (Entered: 04/05/2004)

April 5, 2004
15

MOTION TO EXTEND PRETRIAL DEADLINES FILED BY PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CERTIFICATE OF SERVICE. (SANTIAGO-FLORES, IRIS) Modified on 4/26/2004 (np). (Entered: 04/23/2004)

April 23, 2004
16

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY TO THE EXTEND THAT DISCOVERY SHALL BE COMPLETED BY 6/30/04, DEFENDANT SHALL COMPLY WITH THIS COURT'S ORDER OF 4/4/04, WITHIN 10 BUSINESS DAYS OF THE DATE OF THIS ORDER, DEFENDANT SHALL PROVIDE RESPONSES TO THE INTERROGATORIES POSED AND PRODUCE THE DOCUMENTS REQUESTED ON OR BEFORE 5/14/04 ETC. . SIGNED BY JUDGE JACOB P. HART ON 4/30/04.4/30/04 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS(ph, ) (Entered: 04/30/2004)

April 30, 2004
17

Second MOTION TO EXTEND PRETRIAL DEADLINES FILED BY PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CERTIFICATE OF SERVICE. (SANTIAGO-FLORES, IRIS) Modified on 6/11/2004 (np). (Entered: 06/10/2004)

June 10, 2004
18

RESPONSE to plaintiff's motion to extend pretrial deadlines, Certificate of service filed by RED ROBIN DINER. (ph, ) (Entered: 06/17/2004)

June 16, 2004
19

ORDER SET DISCOVERY DUE BY 7/30/2004. MOTIONS DUE BY 8/30/2004. DEFENDANT PRETRIAL MEMO DUE BY 2/15/2005. PLAINTIFF PRETRIAL MEMO DUE BY 2/15/2005. TRIAL POOL SET FOR 2/25/2005. FINAL PRETRIAL CONFERENCE SET FOR 2/21/2005 11:00 AM BEFORE HONORABLE BRUCE W. KAUFFMAN ETC. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 6/23/04. 6/24/04 ENTERED AND COPIES MAILED (ph, ) (Entered: 06/24/2004)

June 24, 2004
20

Third MOTION for Extension of Time to Complete Discovery filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.certificate of service.(SANTIAGO-FLORES, IRIS) (Entered: 07/19/2004)

July 19, 2004
21

SCHEDULING ORDER - THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO EXTEND PRETRIAL DEADLINES, IT IS ORDERED THAT DISCOVERY SHALL BE COMPLETED BY 8/30/04, DISPOSITIVE MOTIONS AND EXPERT REPORTS BY 9/15/04, ALL OTHER DATES AND INSTRUCTIONS SET FORTH IN THIS COURT'S SCHEDULING ORDER OF 6/24/04 SHALL REMAIN IN EFFECT. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 7/29/04. 8/2/04 ENTERED AND COPIES MAILED AND FAXED.(ph, ) (Entered: 08/02/2004)

July 30, 2004
22

ORDER REFERRING CASE TO MAGISTRATE JUDGE JACOB P. HART FOR THE PURPOSES OF CONDUCTING A SETTLEMENT CONFERENCE. COUNSEL SHOULD CONTACT JUDGE HART'S CHAMBERS WITHIN ONE WEEK OF THE DATE OF THIS ORDER TO SCHEDULE FURTHER PROCEEDINGS. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 12/14/04. 12/15/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(mac, ) (Entered: 12/15/2004)

Dec. 14, 2004
23

ORDER THAT A SETTLEMENT CONFERENCE HAS BEEN SCHEDULED ON 1/26/05 AT 10:00 A.M. IN ROOM 3041, U.S. COURTHOUSE.SIGNED BY JUDGE JACOB P. HART ON 12/27/04. 12/28/04 ENTERED AND COPIES E-MAILED AND COPIES FAXED BY CHAMBERS.(cdd, ) (Entered: 12/28/2004)

Dec. 28, 2004
24

MOTION to Enforce Settlement/Consent Decree filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum aand Affidavit. (Attachments: # 1 Affidavit in support of Motion to Enforce Consent Decree)(SANTIAGO-FLORES, IRIS) (Entered: 08/10/2005)

Aug. 10, 2005
25

Deft's RESPONSE to Motion to enforce settlement, certificate of service. (sc, ) (Entered: 08/23/2005)

Aug. 22, 2005
27

ORDER THAT PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT IS REFERRED TO MAGISTRATE JUDGE DAVID STRAWBRIDGEFOR A REPORT AND RECOMMENDATION. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 9/7/05. 9/8/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(stb, ) (Entered: 09/09/2005)

Sept. 8, 2005
28

NOTICE of Hearing on Motion 24 MOTION to Enforce Settlement/Consent Decree:MOTION HEARING SET FOR TUESDAY, 11/1/2005 at 10:00 AM IN COURTROOM (to be announced)BEFORE MAGISTRATE JUDGE DAVID STRAWBRIDGE. Counsel notified by chambers.(sah) (Entered: 09/21/2005)

Sept. 21, 2005
29

Minute Entry for proceedings held before Judge DAVID STRAWBRIDGE : Telephone Conference held on 9/21/2005 (le, ) (Entered: 09/22/2005)

Sept. 22, 2005
30

Minute Entry for proceedings held before Judge DAVID STRAWBRIDGE : Telephone Conference held on 10/14/05 (stb, ) (Entered: 10/14/2005)

Oct. 14, 2005
31

Minute Entry for proceedings held before Judge DAVID STRAWBRIDGE : Motion Hearing held on 11/1/05. Court Reporter: Inna Goldshytn. Court's opening remarks an colloquy with counsel and Defendants; Plaintiff's counsel offers proposed Order; Signed settlement agreement. (le, ) (Entered: 11/01/2005)

Nov. 1, 2005
32

REPORT AND RECOMMENDATIONS THAT THE ATTACHED CONSENT DECREE ENTERED INTO BY COUNSEL BE APPROVED BY THE COURT AND ENTERED UPON THE DOCKET OF THE COURT TOGETHER WITH THE COURT'S ORDER MODIFYING THE POSTING PERIOD AS REFLECTED IN PARAGRAPH 12 OF THE CONSENT DECREE TO SIX (6) MONTHS; THE MOTION TO ENFORCE SETTLEMENT BE DENIED AS MOOT AND THIS MATTER BE CLOSED FOR STATISTICAL PURPOSES. OBJECTIONS TO R&R DUE BY 11/23/2005. SIGNED BY JUDGE DAVID STRAWBRIDGE ON 11/1/05. (Attachments: # 1 Proposed Order) 11/2/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(le, ) (Entered: 11/02/2005)

Nov. 1, 2005
33

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED AS OUTLINED IN THIS ORDER. THIS CASE IS MARKED CLOSED. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 11/3/05. 11/4/05 ENTERED AND COPIES MAILED.(stb, ) (Entered: 11/04/2005)

Nov. 3, 2005

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 30, 2003

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

Red Robin Diner (Philadelphia, Pennsylvania), 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

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: 15000

Order Duration: 2005 - 2008

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits