Case: EEOC v. B&B MANAGEMENT INC (d/b/a TACO BELL)

1:03-cv-00398 | U.S. District Court for the District of New Mexico

Filed Date: March 31, 2003

Closed Date: 2003

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this suit against B & B Management Inc., doing business as Taco Bell, in March 2003, in the U.S. District Court for the District of New Mexico. The case alleged that the manager sexually harassed four complainants and an undisclosed class of female workers in violation of Title VII of the Civil Rights Act of 1964. Some were directly retaliated against for their complaints and some were constructively discharged. The suit appears to have only ha…

The Phoenix District Office of the EEOC brought this suit against B & B Management Inc., doing business as Taco Bell, in March 2003, in the U.S. District Court for the District of New Mexico. The case alleged that the manager sexually harassed four complainants and an undisclosed class of female workers in violation of Title VII of the Civil Rights Act of 1964. Some were directly retaliated against for their complaints and some were constructively discharged. The suit appears to have only had a status conference and then a consent decree was issued as to non-monetary relief on November 14, 2003. Then in March 2004 the court found that the case was resolved. The reason for no monetary relief is likely that the defendant was going through chapter 11 bankruptcy at the time.

The consent decree contained only injunctive relief. This relief consisted of EEO training, a new anti-discrimination policy, reporting every 6 months, choosing complaint investigators, establishing a complaint investigation procedure, and posting notice. The decree lasted 36 months.

Summary Authors

Kevin Wilemon (7/17/2007)

Documents in the Clearinghouse

Document

1:03-cv-00398

Docket (PACER)

EEOC v. B&B Management Inc

March 11, 2004

March 11, 2004

Docket
1

1:03-cv-00398

Complaint

EEOC v. B&B Management Inc

March 31, 2003

March 31, 2003

Complaint

1:03-cv-00398

Consent Decree as to Non-Monetary Relief

EEOC v. B&B Management Inc

Nov. 14, 2003

Nov. 14, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 14, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights w/jury demand (2 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi) (ed) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

LETTER re: consent to proceed before a US Magistrate Judge (ed) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

2

NOTICE of refusal to consent to proceed before a US Magistrate Judge by plaintiff (mlk) (Entered: 04/04/2003)

April 2, 2003

April 2, 2003

3

MINUTE ORDER: Case reassigned from Magistrate Judge Alan C. Torgerson to District Judge C. LeRoy Hansen (cc: all counsel*) (bap) (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

4

ANSWER by defendant [1-1] (vv) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

6

PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 07/01/2003)

June 26, 2003

June 26, 2003

7

CERTIFICATE of Service by pltf of initial disclosures, mailed to counsel on 7/1/03 (*) (bap) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

8

PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

9

INITIAL PRE-TRIAL REPORT by Senior Judge C. LeRoy Hansen and Magistrate Judge Richard L. Puglisi; Discovery set for 12/5/03; mtn filing ddl set for 1/22/04; proposed pretrial order due 4/8/04; Estimated # of Trial Days: 5-7; Chances of Settlement: Unknown (cc: all counsel) (bap) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

10

NOTICE by deft's attorney of change of address (*) (bap) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

11

ORDER by Senior Judge C. LeRoy Hansen re: Consent Decree as to non-monetary relief (cc: all counsel) (bap) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

12

ORDER by Senior Judge C. LeRoy Hansen that it appears that all matters have been resolved dismissing case (cc: all counsel) (bap) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2003

Closing Date: 2003

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

B & B Managment Inc. (Grants, New Mexico), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 100000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits