Case: EEOC v. Cardinal Restaurants, Inc. Dba Taco Bell

2:01-cv-00941 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 28, 2001

Closed Date: May 24, 2004

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Case Summary

In September 2001, the EEOC's Cleveland office filed this suit in the U.S. District Court for the Southern District of Ohio against Cardinal Restaurants, Inc./Heartland Bell, Inc. d/b/a Taco Bell, alleging sexual harassment against a female former employee in violation of Title VII of the Civil Rights Act of 1964. The complainant intervened in January 2002. The parties proceeded with discovery when, in December 2002 the defendant filed for summary judgment. The defendant's motion was granted in September 2003. The court ruled that the defendant's propounded affirmative defense, which is available when the alleged harasser was a supervisor and when no tangible harm was alleged by the employee, won by a preponderance of the evidence. The holding required the court to agree that (a) the employer exercised reasonable care to prevent and correct promptly sexual harassment and (b) the employee unreasonable failed to take advantage of any preventative or corrective opportunities made available by the employer. The court was influenced by the defendant's Employee Handbook, posted notices, harassment hot-line, zero-tolerance policy and open-door policy for reporting harassment and by the plaintiff-intervenor's inability to use any outlet provided her despite being aware of the various ways to report harassment. The court also noted that the plaintiff-intervenor has a "learning disability" and failed to pass the ninth grade. Following that dispositive motion, the EEOC appealed to the Sixth Circuit Court of Appeals in December 2003 but, by stipulation of the parties, voluntarily dismissed the appeal in May 2004.

Summary Authors

Jason Chester (8/11/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11616780/parties/eeoc-v-cardinal-rest/

Judge(s)

Smith, George Curtis (Ohio)

Judge(s)

Smith, George Curtis (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

03-04364	USCA Docket [PACER] EEOC v. Cardinal Restaurants U.S. Court of Appeals for the Sixth Circuit	May 20, 2004	May 20, 2004 Docket
2:01-cv-00941	Docket [PACER] EEOC v. Cardinal Rest	May 24, 2004	May 24, 2004 Docket
34 2:01-cv-00941	Opinion and Order [Re: Summary Judgment] EEOC v. Cardinal Restaurants, Inc./Heartland Bell, Inc. dba Taco Bell No. 15464	Sept. 24, 2003	Sept. 24, 2003 Order/Opinion

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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

See docket on RECAP: https://www.courtlistener.com/docket/11616780/eeoc-v-cardinal-rest/

Last updated Sept. 17, 2026, 7:42 p.m.

Docket for: EEOC v. Cardinal Rest

ECF Number	Date	Description	Link
1	Sept. 28, 2001	COMPLAINT (referred to Mag. Judge Mark R. Abel ) ( no. pgs: 3) (sln) (Entered: 10/02/2001)	PACER
2	Nov. 14, 2001	MOTION by movant Brenda Rowland to intervene as plt ( no pgs: 12) (sln) (Entered: 11/16/2001)	PACER
3	Dec. 5, 2001	MOTION by defendant Cardinal Rest for admission of attorney Thomas Barnard pro hac vice ( no pgs: 3 + ext) (sln) (Entered: 12/07/2001)	PACER
	Dec. 5, 2001	PHV Filing Fee Paid: on 12/5/01 in the amount of $ 50.00, receipt # 228107. (sln) (Entered: 12/07/2001)	PACER
4	Dec. 7, 2001	ANSWER by defendant Cardinal Rest; jury demand ( no pgs: 5) (sln) (Entered: 12/10/2001)	PACER
5	Dec. 11, 2001	RESPONSE by defendant Cardinal Rest to movant Brenda Rowland's motion to intervene as plt [2-1] ( no pgs: 2) (sln) (Entered: 12/12/2001)	PACER
6	Dec. 11, 2001	ORDER by Mag. Judge Mark R. Abel granting deft's motion for admission of attorney Thomas Barnard pro hac vice [3-1] (cc: all counsel) ( no pgs: 1) (sln) (Entered: 12/12/2001)	PACER
8	Dec. 14, 2001	Corporate Disclosure Statement filed by defendant Cardinal Rest ( no pgs: 2) (sln) (Entered: 12/17/2001)	PACER
9	Jan. 3, 2002	NOTICE resetting this action for Preliminary PTC 10:00 3/8/02 before MRA, no pgs: 1 (cc: all counsel) (sln) (Entered: 01/04/2002)	PACER
10	Jan. 29, 2002	ORDER by Mag. Judge Mark R. Abel granting motion to intervene as plt [2-1] Brenda Rowland (cc: all counsel) ( no pgs: 1) (sln) (Entered: 01/29/2002)	PACER
11	Jan. 29, 2002	INTERVENOR'S COMPLAINT by intervenor-plaintiff Brenda Rowland ( no pgs: 5) (sln) (Entered: 02/05/2002)	PACER
12	Jan. 29, 2002	ANSWER by defendant Cardinal Rest with jury demand, to intvplt's cmplt ( no pgs: 6) (sln) (Entered: 02/05/2002)	PACER
13	Feb. 4, 2002	Rule 26(f) Report of parties to Magistrate Judge filed by plaintiff, defendant, intervenor-plaintiff ( no pgs: 4) (sln) (Entered: 02/05/2002)	PACER
14	March 12, 2002	PRELIMINARY SCHEDULING ORDER by Mag. Judge Mark R. Abel ; Preliminary pretrial conf was held on 10:00 3/8/02 ; discovery cutoff ddl set for 9/20/02 ;mtn filing ddl set for 10/25/02 ; Joint Written Status report ddl held 7/15/02; primary expert discl due 7/12/02; rebuttal expert discl due 9/12/02; Counsel DIRECTED to review their clients' written discv by 8/20/02; plt's counsel DIRECTED to quartlery report to dft's counsel legal hours rendered and rate, the first quarterly report should cover costs through 3/31/02; 09/09 SW ( no pgs: 3) (cc: all counsel) (sln) (Entered: 03/12/2002)	PACER
15	May 9, 2002	NOTICE by defendant Cardinal Rest of taking deposition of Brenda Rowland on 6/3/02 ( no pgs: 3) (sln) (Entered: 05/10/2002)	PACER
16	July 15, 2002	JOINT STATUS REPORT by intervenor-plaintiff, defendant, plaintiff ( no pgs: 2) (sln) (Entered: 07/16/2002)	PACER
17	July 30, 2002	NOTICE of hearing Settlement conference set 3:00 9/10/02, Mediator Kevin Shoemaker (cc: all counsel) (sln) (Entered: 07/30/2002)	PACER
18	Sept. 9, 2002	NOTICE of hearing ; Settlement conference vacated for 3:00 9/10/02 (cc: all counsel) (sem) (Entered: 09/10/2002)	PACER
19	Sept. 12, 2002	ORDER by Mag. Judge Mark R. Abel 9/10/02 mediaton VACATED; Joint Written Status report ddl set 10/16/02 (cc: all counsel) ( no pgs: 1) (sln) (Entered: 09/12/2002)	PACER
20	Sept. 12, 2002	STATEMENT by defendant Cardinal Rest in re to expert disclosure ( no pgs: 3 + exh) (sln) (Entered: 09/16/2002)	PACER
21	Oct. 16, 2002	JOINT STATUS REPORT by plt EEOC ( no pgs: 2) (sln) (Entered: 10/18/2002)	PACER
22	Oct. 22, 2002	AMENDED SCHEDULING ORDER by Mag. Judge Mark R. Abel Discovery ddl extended to 11/15/02 ; Mtn filing ddl extended to 12/16/02 (cc: all counsel) ( no pgs: 1) (sln) Modified on 10/22/2002 (Entered: 10/22/2002)	PACER
24	Dec. 16, 2002	MOTION by defendant Cardinal Rest for summary judgment ( no pgs: 21 + exhs) (sh) (Entered: 12/17/2002)	PACER
	Dec. 16, 2002	Deposition of Heather Arbaugh (sh) (Entered: 12/17/2002)	PACER
	Dec. 16, 2002	Deposition of Brenda R Rowland (sh) (Entered: 12/17/2002)	PACER
	Dec. 16, 2002	Deposition of Lisa Young (sh) (Entered: 12/17/2002)	PACER
	Dec. 16, 2002	Deposition of Anna Bickel (sh) (Entered: 12/17/2002)	PACER
25	Jan. 6, 2003	MOTION by plts' to extend time to 1/29/03 to respond to dft's mt for sum jgmnt ( no pgs: 3) (sln) (Entered: 01/07/2003)	PACER
26	Jan. 8, 2003	ORDER by Mag. Judge Mark R. Abel granting plts' motion to extend time to 1/29/03 to respond to dft's mt for sum jgmnt [25-1], (cc: all counsel) ( no pgs: 1) (sln) (Entered: 01/08/2003)	PACER
27	Jan. 30, 2003	MOTION by plt EEOC to extend time to 2/5/03 to respond to dft's mt for sum jgmnt ( no pgs: 3) (sln) (Entered: 01/31/2003)	PACER
28	Feb. 3, 2003	ORDER by Mag. Judge Mark R. Abel granting plt's motion to extend time to 2/5/03 to respond to dft's mt for sum jgmnt [27-1], (cc: all counsel) ( no pgs: 1) (sln) (Entered: 02/03/2003)	PACER
29	Feb. 5, 2003	MOTION by intervenor-plaintiff Brenda Rowland for leave to adopt Commissioners memo in opp to dft's mt for sum jgmnt ( no pgs: 2) (sln) (Entered: 02/06/2003)	PACER
30	Feb. 5, 2003	RESPONSE by plt EEOC to dft's motion for summary judgment [24-1] ( no pgs: 22 + exh) (sln) (Entered: 02/06/2003)	PACER
31	Feb. 19, 2003	REPLY by defendant Cardinal Rest to pltf's response to their motion for summary judgment [24-1] ( no pgs: 18 + exh) (sem) (Entered: 02/20/2003)	PACER
32	Feb. 21, 2003	NOTICE by dft Cardinal Rest atty of change of address ( no pgs: 2) (sln) (Entered: 02/24/2003)	PACER
33	Sept. 4, 2003	ORDER granting [29] Motion to adopt the Commission's memorandum in opposition to defendant's motion for summary judgment. The court will consider the Commission's arguments when ruling on defendant's motion for summary judgment against plaintiff Rowland. Signed by Judge Mark R. Abel on 9/4/03. (tto, ) (Entered: 09/04/2003)	PACER
34	Sept. 24, 2003	ORDER granting [24] Motion for Summary Judgment . Signed by Judge George C. Smith on 9-24-03. (ga, ) (Entered: 09/24/2003)	Clearinghouse
35	Oct. 17, 2003	NOTICE OF APPEAL of Judgment (35) by Intervenor Plaintiff Brenda Rowland. Filing fee $ 105, receipt number 238561. (bab, ) (Entered: 10/20/2003)	PACER
36	Oct. 20, 2003	CLERK'S JUDGMENT in favor of defendant against plaintiff with prejudice. Signed on 10/20/03. (jh, ) Additional attachment(s) added on 10/24/2003 (jh, ). (Entered: 10/20/2003)	PACER
	Oct. 23, 2003	USCA Case Number 03-4364 for 36 Notice of Appeal filed by Brenda Rowland. (bab, ) (Entered: 10/23/2003)	PACER
37	Dec. 17, 2003	NOTICE OF APPEAL as to 36 Clerk's Judgment by Plaintiff Equal Employment Opportunity Commission. (bab, ) (Entered: 12/17/2003)	PACER
	Dec. 17, 2003	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 37 Notice of Appeal (bab, ) (Entered: 12/17/2003)	PACER
	Dec. 29, 2003	USCA Case Number 03-4649 for 37 Notice of Appeal filed by Equal Employment Opportunity Commission. (bab, ) (Entered: 12/31/2003)	PACER
38	Jan. 16, 2004	TRANSCRIPT REQUEST by Plaintiff Equal Employment Opportunity Commission re 35 Notice of Appeal, 37 Notice of Appeal: no transcripts requested. (bab, ) (Entered: 01/20/2004)	PACER
39	May 24, 2004	ORDER of USCA as to 35 Notice of Appeal filed by Brenda Rowland, 37 Notice of Appeal filed by Equal Employment Opportunity Commission: upon consideration of the stipulation of the parties to voluntarily dismiss the appeals, it is ordered that the appeals be dismissed. (bab, ) (Entered: 05/26/2004)	PACER

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Case Details

State / Territory:

Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: May 24, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Cardinal Restaurants, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Ohio 2:01-cv-00941

U.S. Court of Appeals for the Sixth Circuit 03-04364

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Cardinal Restaurants, Inc. Dba Taco Bell, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8125/ (last updated 8/11/2007).