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Case: EEOC v. BICE OF CHICAGO INC

1:04-cv-02708 | U.S. District Court for the Northern District of Illinois

Filed Date: April 16, 2004

Closed Date: April 18, 2008

Clearinghouse coding complete

Case Summary

The EEOC's Chicago District Office sued Bice of Chicago, Inc., d/b/a The Bice Group, Italian RG Inc., on April 15, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that Bice violated Title VII when it discriminated against a group of employees based on race (Hispanic/non-Italian) and sex (male) by providing disparate conditions of employment, a sexually harassing atmosphere, and constructively or actually discharged numerous employees in reta…

The EEOC's Chicago District Office sued Bice of Chicago, Inc., d/b/a The Bice Group, Italian RG Inc., on April 15, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that Bice violated Title VII when it discriminated against a group of employees based on race (Hispanic/non-Italian) and sex (male) by providing disparate conditions of employment, a sexually harassing atmosphere, and constructively or actually discharged numerous employees in retaliation for their complaints. The case proceedings included a few discovery disputes, filed in June and July of 2005, and nearly a dozen status hearings and settlement conferences over the course of the case, nearly all of which were presided over by Magistrate Judge Michael T. Mason. The parties entered into a consent decree on April 18, 2006 which stipulated that Bice would pay $210,000 in damages to the complainants; develop, post and distribute a revised anti-discrimination/harassment policy; provide annual Title VII compliance training for its employees; provide semiannual reports to the EEOC concerning Title VII violation complaints; and allow EEOC inspectors access to its files and employees to ensure compliance with the consent decree. The settlement term was 2 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Aaron Weismann (6/19/2007)

Documents in the Clearinghouse

Document

1:04-cv-02708

Docket [PACER]

EEOC v. Bice of Chgo Inc, et al

April 18, 2006

April 18, 2006

Docket
1

1:04-cv-02708

Complaint

EEOC v. Bice of Chicago, Inc., Bice Restaurant Group, LLC, DA ECIB USA, INC., D/B/A The Bice Group, Italian, RG, Inc.

April 16, 2004

April 16, 2004

Complaint
32

1:04-cv-02708

Statement

EEOC vs. Bice of Chicago

July 18, 2005

July 18, 2005

Order/Opinion
51

1:04-cv-02708

Consent Decree

EEOC v. Bice of Chicago, Inc., Bice Restaurant Group, LLC, DA ECIB USA, Inc., D/B/A/ The Bice Group, Italian, RG, INC.

April 18, 2006

April 18, 2006

Settlement Agreement

Resources

Docket

Last updated Dec. 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Diane Ilene Smason, Pamela Sue Moore-Gibbs as attorney(s) for plaintiff ( 0 summons(es) issued.) ( Documents: (1-1 through 1-3)) (gcy) (Entered: 04/16/2004)

April 15, 2004

April 15, 2004

SCHEDULE set on 4/19/04 by Hon. Blanche M. Manning : Status hearing set to 10:00 7/9/04. Plaintiff's counsel should be prepared to advise the court regarding the progress of efforts to serve the defendants. Mailed notice (rth) (Entered: 04/19/2004)

April 19, 2004

April 19, 2004

2

WAIVER of service of summons as to defendant Bice of Chgo Inc sent on 04/15/04. (jmp) (Entered: 05/11/2004)

May 7, 2004

May 7, 2004

3

WAIVER of service of summons as to Bice of Chgo Inc sent on 4/15/04. (gcy) (Entered: 05/17/2004)

May 17, 2004

May 17, 2004

4

MOTION by defendants for enlargement of time to answer or plead ; Notice. (gcy) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

6

NOTICE by defendants of motion for enlargment of time to answer or plead. (gcy) (Entered: 07/07/2004)

June 29, 2004

June 29, 2004

5

INITIAL STATUS REPORT by plaintiff; Notice. (gcy) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

7

MINUTE ORDER of 7/6/04 by Hon. Blanche M. Manning : Status hearing re-set for 8/13/04 at 10:00 a.m. Defendants' motion for enlargement of time to 7/8/04 to answer or plead is granted [4-1]. Mailed notice (gcy) (Entered: 07/07/2004)

July 6, 2004

July 6, 2004

8

ANSWER by defendants to complaint [1-1]; jury demand; Notice. (gcy) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

SCHEDULE set on 7/19/04 by Honorable Michael T. Mason: This matter having been referred to Magistrate Judge Mason, an initial status hearing is set for 8/26/04 at 9:00 a.m. in courtroom 2214. The parties shall deliver a file-stamped courtesy copy of an initial status report providing the information required by the enclosed Order Setting Initial Status Report to the courtroom deputy, room 2220, by 8/20/04. Mailed notice (kef) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

SCHEDULE set on 7/22/04 by Hon. Blanche M. Manning : Status hearing reset to 10:00 10/29/04 . Mailed notice (rth) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

10

INITIAL STATUS REPORT by parties; Notice. (gcy) (Entered: 08/23/2004)

Aug. 20, 2004

Aug. 20, 2004

SCHEDULE set on 8/26/04 by Honorable Michael T. Mason : Status hearing held and continued to 11/9/04 at 9:00 a.m. EEOC is ordered to identify all potential class members by 11/5/04. Mailed notice (kef) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

11

ATTORNEY APPEARANCE for defendants by James V. Noonan, Patrick J McCann II, Jeffrey Grant Brown; Notice. (gcy) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

12

MOTION by plaintiff to extend discovery to identify class members ; Notice. (gcy) (Entered: 10/29/2004)

Oct. 28, 2004

Oct. 28, 2004

13

MINUTE ORDER of 10/28/04 by Honorable Michael T. Mason : EEOC's motion to extend discovery to identify class members until 12/10/04 is granted [12-1]. Status hearing set for 11/9/04 at 9:00 a.m. is reset to 12/14/04 at 9:00 a.m. No appearance is required on the noticed motion date of 11/2/04. Mailed notice by judge's staff (gcy) (Entered: 10/29/2004)

Oct. 28, 2004

Oct. 28, 2004

SCHEDULE set on 10/29/04 by Hon. Blanche M. Manning : Status hearing held and continued to 11:00 11/9/04 . Mailed notice (rth) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

SCHEDULE set on 11/9/04 by Hon. Blanche M. Manning : Status hearing held and continued to 10:00 1/21/04 . Mailed notice (rth) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

14

ATTORNEY APPEARANCE for plaintiff by Aaron R. DeCamp. (gcy) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

SCHEDULE set on 12/14/04 by Honorable Michael T. Mason : Status hearing held and continued to 2/10/05 at 9:00 a.m. Fact discovery ordered closed on 4/13/05. Parties are urged to contact the courtroom deputy, 312/435-6051, if/when there is interest in scheduling a settlement conference. Mailed notice (kef) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

15

MINUTE entry before Judge Blanche M. Manning : Status hearing reset for 3/25/2005 at 10:00 AM. Notices mailed by judge's staff. (rth, ) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

17

MINUTE entry before Judge Michael T. Mason : Status hearing held on 2/10/2005 and continued to 4/13/05 at 9:00 a.m. Notices mailed by judge's staff (kef, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

18

MOTION by Plaintiff for enlarge time for discovery to 8/31/05. (air, ) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

19

NOTICE of Motion by Pamela Sue Moore-Gibbs for presentment of motion for extension of time for discovery 18 before Honorable Blanche M. Manning on 4/5/2005 at 09:00 AM. (air, ) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

20

MINUTE entry before Judge Michael T. Mason : EEOC's joint motion to enlarge time for discovery 18 is granted. Fact discovery cut-off is extended to 8/31/05. NO FURTHER EXTENSIONS. Status hearing set for 4/13/05 is stricken and reset to 6/22/05 at 9:00 a.m. No appearance is required on the noticed motion date of 4/5/05. Judicial staff mailed notice (kef, ) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

21

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 6/22/2005 and continued to 8/31/05 at 9:00 a.m. Judicial staff mailed notice (kef, ) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

22

AGREED MOTION by Defendants for Rule 26(c)(7) protective order; Notice. (gcy, ) (Entered: 06/28/2005)

June 23, 2005

June 23, 2005

23

MOTION by Defendants to compel response to discovery pursuant to Rule 37(a) (gma, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

24

NOTICE of Motion by defendants for presentment of MOTION by Defendants to compel response to discovery pursuant to Rule 37(a) 23 before Honorable Michael T. Mason on 7/7/2005 at 09:00 AM. (gma, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

25

MOTION by Plaintiff for entry of protective order (gma, ) (Entered: 07/05/2005)

July 1, 2005

July 1, 2005

26

NOTICE of Motion by Pamela Sue Moore-Gibbs for presentment of MOTION by Plaintiff for entry of protective order 25 before Honorable Michael T. Mason on 7/7/2005 at 09:00 AM. (gma, ) (Entered: 07/05/2005)

July 1, 2005

July 1, 2005

27

MINUTE entry before Judge Michael T. Mason : Plaintiff's response to defendant's motion to compel 23 and defendant's respones to plaintiff's motion for protective order 25 to be filed by 7/11/05, no longer than 5 pages, courtesy copy to chambers, room 2206. No reply. Ruling by mail. No appearance is required on the noticed motion date of 7/7/05. Judicial staff mailed notice (kef, ) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

28

MINUTE entry before Judge Michael T. Mason : Defendants' agreed motion for Rule 26(c)(7) protective order is granted. Enter Protective Order. Mailed notices (gcy, ) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

29

PROTECTIVE Order Signed by Judge Michael T. Mason on 7/7/2005:(gcy, ) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

31

RESPONSE by EEOC to defendants' motion to compel response to discovery. (Exhibits). (gcy, ) (Entered: 07/14/2005)

July 11, 2005

July 11, 2005

32

MINUTE entry before Judge Michael T. Mason : As further stated in this order, the EEOC's motion for a protective order 25 is granted. Defendants' motion to compel 23 is granted in part and denied in part. Notices mailed by judge's staff (gcy, ) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

33

JOINT MOTION by Plaintiff to enlarge time for discovery (gma, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

34

NOTICE of Motion by Pamela Sue Moore-Gibbs for presentment of JOINT MOTION by Plaintiff to enlarge time for discovery 33 before Honorable Michael T. Mason on 7/27/2005 at 09:00 AM. (gma, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

35

MINUTE entry before Judge Michael T. Mason : Motion hearing held on 7/27/2005. Parties' joint motion to enlarge time for discovery 33 is granted. Fact discovery extended to 9/30/05. Status hearing set for 8/31/05 is stricken and reset to 9/21/05 at 9:00 a.m. The Court will not entertain any further motions to enlarge time for discovery. Judicial staff mailed notice (kef, ) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

36

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 9/21/2005 and continued to 11/1/05 at 9:00 a.m. Fact discovery cutoff extended to 11/18/05. Judicial staff mailed notice (kef, ) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

37

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 11/1/2005. Settlement Conference set for 11/9/2005 at 02:00 PM. Parties are to submit copies of their settlement position letters to the courtroom deputy, room 2220, by 11/7/05. Mailed notice (kef, ) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

38

MINUTE entry before Judge Michael T. Mason : Settlement Conference set for 11/9/05 is stricken and reset to 11/10/2005 at 09:30 AM. Parties are to submit their settlement position letters to the courtroom deputy, room 2220, no later than 11/8/05. Mailed notice (kef, ) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

39

MINUTE entry before Judge Michael T. Mason : Settlement conference held on 11/10/2005. Parties are to contact the courtroom deputy, 312/435-6051, by close of business on 11/14/05 to inform the Court as to how the parties wish to proceed with settlement negotiations. (kef, ) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

40

MINUTE entry before Judge Michael T. Mason : Status hearing set for 12/6/2005 at 09:00 AM. (kef, ) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

41

MINUTE entry before Judge Michael T. Mason : At the parties' request, status hearing set for 12/6/05 is stricken and reset to 12/13/05 at 9:00 a.m. (kef, ) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

42

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 12/13/2005 and continued to 1/12/06 at 9:00 a.m. (kef, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

44

MINUTE entry before Judge Michael T. Mason : On the Court's own motion, status hearing set for 2/2/06 is stricken and reset to 2/9/06 at 9:00 a.m. (kef, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

45

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 2/9/2006. Continued Settlement Conference set for 3/2/2006 at 09:30 AM in courtroom 2214. Parties should submit supplemental settlement position letters to the courtroom deputy, room 2220, by 2/27/06. (kef, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

46

MINUTE entry before Judge Michael T. Mason : Continued Settlement Conference set for 3/2/06 is stricken and reset to 3/3/2006 at 10:30 AM. (kef, ) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

47

MINUTE entry before Judge Michael T. Mason : Continued Settlement conference held on 3/3/2006. Parties were able to reach an agreement to settle the case. Parties are advised to submit their consent decree to Judge Manning. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judge Michael T. Mason no longer referred to the case. (kef, ) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

48

MOTION by Plaintiff Equal Employment Opportunity Commission to approve consent judgment (Attachments: # 1 Exhibit 1)(DeCamp, Aaron) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

49

NOTICE of Motion by Aaron R. DeCamp for presentment of motion to approve consent judgment48 before Honorable Blanche M. Manning on 4/18/2006 at 11:00 AM. (DeCamp, Aaron) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

50

MINUTE entry before Judge Blanche M. Manning: Joint motion for entry of consent decree 48 is granted. Consent decree is entered in the sum of $210,000.00. Enter Consent Decree. Civil case terminated. Mailed notice (hp, ) (Entered: 05/01/2006)

April 18, 2006

April 18, 2006

51

CONSENT DECREE Signed by Judge Blanche M. Manning on 4/18/2006:Mailed notice(hp, ) (Entered: 05/01/2006)

April 18, 2006

April 18, 2006

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: April 16, 2004

Closing Date: April 18, 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

Bice of Chicago, Inc. (Chicago, Il.), 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: 210000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic