Case: EEOC v. LAMBKA AND RENFROE (d/b/a PERKO'S RESTAURANT)

2:04-cv-01751 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 25, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In August 2004, the San Francisco District Office of the EEOC brought this suit against Lambka and Renfroe, d/b/a as Perko's CafÈ, and Dynaco, Inc. in the U.S. District Court for the Eastern District of California. The EEOC alleged that the defendant discriminated against the charging party, a Hispanic employee, and a class of other Hispanic and Mexican employees on the basis of their national origin in violation of Title VII of the Civil Rights Act of 1964. After the parties participated in …

In August 2004, the San Francisco District Office of the EEOC brought this suit against Lambka and Renfroe, d/b/a as Perko's CafÈ, and Dynaco, Inc. in the U.S. District Court for the Eastern District of California. The EEOC alleged that the defendant discriminated against the charging party, a Hispanic employee, and a class of other Hispanic and Mexican employees on the basis of their national origin in violation of Title VII of the Civil Rights Act of 1964. After the parties participated in a voluntary dispute program, the defendant Dynaco was voluntarily dismissed from the case. The remaining parties settled through a consent decree in early August 2005.

The three-year decree, containing a non-retaliation clause, required the defendant to: revise and distribute its EEO policies, report to the EEOC at specified intervals, provide Title VII training for all its employees, and pay $35,000 to be divided among several claimants. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (7/23/2007)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

Document

2:04-cv-01751

Docket (PACER)

EEOC v. Lambka and Renfroe, et al

Aug. 1, 2005

Aug. 1, 2005

Docket

2:04-cv-01751

Consent Decree

EEOC v. Lambka and Renfroe et al

July 25, 2005

July 25, 2005

Settlement Agreement

2:04-cv-01751

Amended Consent Decree

EEOC v. Lambka and Renfroe et al

Aug. 1, 2005

Aug. 1, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5683715/eeoc-v-lambka-and-renfroe/

Last updated Feb. 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand, fee status waived, assigned to Judge Frank C. Damrell Jr referred to Magistrate Judge Gregory G. Hollows (ds) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

2

ORDER REQUIRING JOINT STATUS REPORT by Judge Frank C. Damrell Jr informing the parties on the procedure to follow in pursuing this action (ds) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

3

ANSWER by defendant Dynaco Inc to complaint [1-1] (crf) (Entered: 10/12/2004)

Oct. 7, 2004

Oct. 7, 2004

4

RETURN OF SERVICE executed upon defendant Lambka and Renfroe, defendant Dynaco Inc on 9/15/04 (ds) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

5

RETURN OF SERVICE executed upon defendant Lambka and Renfroe, defendant Dynaco Inc on 10/4/04 (ds) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

6

ANSWER by defendant Lambka and Renfroe to complaint [1-1]; jury demand (ds) (Entered: 10/27/2004)

Oct. 26, 2004

Oct. 26, 2004

LODGED stipulation to extend deadline for joint status report (daw) Modified on 11/22/2004 (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

LODGED stip to extend deadline for joint status report (crf) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

LODGED Document: stip to extend deadline for joint status report lodged on 11/30/04 (NOT TO BE SIGNED PER JUDGE) (crf) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

8

JOINT STATUS REPORT (crf) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

9

CONSENT to VDRP and proposed order by Lambka and Renfroe(Schnack, Robert) Modified on 1/10/2005 (Forester, C). (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

10

STIPULATION and PROPOSED ORDER Elect Referral of Action to Voluntary Dispute Program (VDRP) Pursuant to Local Rule 16-271 by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

11

ORDER signed by Judge Frank C. Damrell Jr. on 2/2/2005. Matter is referred to VDRP. (Waggoner, D) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

12

NOTICE of APPEARANCE by Evangelina Patricia Hernandez on behalf of Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

13

ORDER re: SETTLEMENT AND DISPOSITION. Dismissal due by 7/25/2005. All dates are VACATED signed by Judge Frank C. Damrell Jr. on 6/21/05. (Price, M)

June 21, 2005

June 21, 2005

RECAP
14

STIPULATION and PROPOSED ORDER Stipulation to Dismiss Dynaco Inc. by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

15

NOTICE of SETTLEMENT "CONSENT DECREE" by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit #A)(Hernandez, Evangelina) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

16

AMENDED NOTICE of SETTLEMENT (Consent Decree) by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit #A)(Hernandez, Evangelina) Modified on 7/26/2005 (Waggoner, D). (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

17

ORDER - Dynaco Inc DISMISSED. Each party to bear own cost and fees signed by Judge Frank C. Damrell Jr. on 8/1/05. (Price, M)

Aug. 1, 2005

Aug. 1, 2005

RECAP
18

ORDER and CONSENT DECREE See order for specific details of settlement. ***Civil Case Terminated. CASE CLOSED signed by Judge Frank C. Damrell Jr. on 8/1/05. (Price, M)

Aug. 1, 2005

Aug. 1, 2005

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Aug. 25, 2004

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

Dynaco, Inc., Private Entity/Person

Lambka & Renfroe L.L.C., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

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: 35000

Order Duration: 2005 - 2008

Content of Injunction:

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian