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 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)

Documents in the Clearinghouse

Document

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

Resources

Docket

Last updated Aug. 10, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (referred to Mag. Judge Mark R. Abel ) ( no. pgs: 3) (sln) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

2

MOTION by movant Brenda Rowland to intervene as plt ( no pgs: 12) (sln) (Entered: 11/16/2001)

Nov. 14, 2001

Nov. 14, 2001

3

MOTION by defendant Cardinal Rest for admission of attorney Thomas Barnard pro hac vice ( no pgs: 3 + ext) (sln) (Entered: 12/07/2001)

Dec. 5, 2001

Dec. 5, 2001

PHV Filing Fee Paid: on 12/5/01 in the amount of $ 50.00, receipt # 228107. (sln) (Entered: 12/07/2001)

Dec. 5, 2001

Dec. 5, 2001

4

ANSWER by defendant Cardinal Rest; jury demand ( no pgs: 5) (sln) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

5

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)

Dec. 11, 2001

Dec. 11, 2001

6

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)

Dec. 11, 2001

Dec. 11, 2001

8

Corporate Disclosure Statement filed by defendant Cardinal Rest ( no pgs: 2) (sln) (Entered: 12/17/2001)

Dec. 14, 2001

Dec. 14, 2001

9

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)

Jan. 3, 2002

Jan. 3, 2002

10

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)

Jan. 29, 2002

Jan. 29, 2002

11

INTERVENOR'S COMPLAINT by intervenor-plaintiff Brenda Rowland ( no pgs: 5) (sln) (Entered: 02/05/2002)

Jan. 29, 2002

Jan. 29, 2002

12

ANSWER by defendant Cardinal Rest with jury demand, to intvplt's cmplt ( no pgs: 6) (sln) (Entered: 02/05/2002)

Jan. 29, 2002

Jan. 29, 2002

13

Rule 26(f) Report of parties to Magistrate Judge filed by plaintiff, defendant, intervenor-plaintiff ( no pgs: 4) (sln) (Entered: 02/05/2002)

Feb. 4, 2002

Feb. 4, 2002

14

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)

March 12, 2002

March 12, 2002

15

NOTICE by defendant Cardinal Rest of taking deposition of Brenda Rowland on 6/3/02 ( no pgs: 3) (sln) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

16

JOINT STATUS REPORT by intervenor-plaintiff, defendant, plaintiff ( no pgs: 2) (sln) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

17

NOTICE of hearing Settlement conference set 3:00 9/10/02, Mediator Kevin Shoemaker (cc: all counsel) (sln) (Entered: 07/30/2002)

July 30, 2002

July 30, 2002

18

NOTICE of hearing ; Settlement conference vacated for 3:00 9/10/02 (cc: all counsel) (sem) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

19

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)

Sept. 12, 2002

Sept. 12, 2002

20

STATEMENT by defendant Cardinal Rest in re to expert disclosure ( no pgs: 3 + exh) (sln) (Entered: 09/16/2002)

Sept. 12, 2002

Sept. 12, 2002

21

JOINT STATUS REPORT by plt EEOC ( no pgs: 2) (sln) (Entered: 10/18/2002)

Oct. 16, 2002

Oct. 16, 2002

22

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)

Oct. 22, 2002

Oct. 22, 2002

Deposition of Brenda R Rowland (sh) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Deposition of Lisa Young (sh) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Deposition of Anna Bickel (sh) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Deposition of Heather Arbaugh (sh) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

24

MOTION by defendant Cardinal Rest for summary judgment ( no pgs: 21 + exhs) (sh) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

25

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)

Jan. 6, 2003

Jan. 6, 2003

26

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)

Jan. 8, 2003

Jan. 8, 2003

27

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)

Jan. 30, 2003

Jan. 30, 2003

28

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)

Feb. 3, 2003

Feb. 3, 2003

29

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)

Feb. 5, 2003

Feb. 5, 2003

30

RESPONSE by plt EEOC to dft's motion for summary judgment [24-1] ( no pgs: 22 + exh) (sln) (Entered: 02/06/2003)

Feb. 5, 2003

Feb. 5, 2003

31

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)

Feb. 19, 2003

Feb. 19, 2003

32

NOTICE by dft Cardinal Rest atty of change of address ( no pgs: 2) (sln) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

33

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)

Sept. 4, 2003

Sept. 4, 2003

34

ORDER granting [24] Motion for Summary Judgment . Signed by Judge George C. Smith on 9-24-03. (ga, ) (Entered: 09/24/2003)

Sept. 24, 2003

Sept. 24, 2003

35

NOTICE OF APPEAL of Judgment (35) by Intervenor Plaintiff Brenda Rowland. Filing fee $ 105, receipt number 238561. (bab, ) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

36

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)

Oct. 20, 2003

Oct. 20, 2003

USCA Case Number 03-4364 for 36 Notice of Appeal filed by Brenda Rowland. (bab, ) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

37

NOTICE OF APPEAL as to 36 Clerk's Judgment by Plaintiff Equal Employment Opportunity Commission. (bab, ) (Entered: 12/17/2003)

Dec. 17, 2003

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)

Dec. 17, 2003

Dec. 17, 2003

USCA Case Number 03-4649 for 37 Notice of Appeal filed by Equal Employment Opportunity Commission. (bab, ) (Entered: 12/31/2003)

Dec. 29, 2003

Dec. 29, 2003

38

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)

Jan. 16, 2004

Jan. 16, 2004

39

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)

May 24, 2004

May 24, 2004

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

Cardinal Restaurants, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit