Case: EEOC v. Outback Steakhouse of Florida

1:06-cv-01935 | U.S. District Court for the District of Colorado

Filed Date: Sept. 28, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender in violation of Title VII of the Civil Rights Act of 1964. Individual complaining parties intervened in the lawsuit in November 2006,…

In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender in violation of Title VII of the Civil Rights Act of 1964. Individual complaining parties intervened in the lawsuit in November 2006, November 2007, and September 2007.

Specifically, the plaintiffs alleged that the defendants had discriminated against women employees by failing to hire or promote women to management positions and for failing to offer equal conditions of employment, especially as related to training and opportunities for advancement.

The parties engaged in discovery between 2006 and 2008.

On December 29, 2009, Judge Christine M. Arguello approved of a consent decree granting injunctive relief to the plaintiff. In addition to prohibiting retaliatory treatment towards any employees involved in this lawsuit, the Consent Decree also prohibits Outback from "discriminating against any employee or applicant on the basis of gender, in hiring, promotions, pay, terms and conditions of employment including providing women less favorable job assignments, less training opportunities, less opportunity for advancement, or creating or condoning a gender-based hostile work environment." The same "training and conditions of employment" should be available to all employees, and "scheduling and assignment of work shall be made in an equal and nondiscriminatory manner." The consent decree was scheduled to last four years. As there is no additional noteworthy activity reflected in the docket sheet, presumably the case closed in 2013.

Summary Authors

David Friedman (5/29/2008)

Sean Mulloy (10/30/2017)

Rachel Barr (4/1/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4777236/parties/equal-employment-opportunity-commission-v-outback-steakhouse-of-florida/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Mix, Kristen L. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

O'Neill, Mary Jo (Arizona)

Randall, Jennifer Ann (Colorado)

Struble, Stephanie (Colorado)

Weeks, Nancy A. (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Mix, Kristen L. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

O'Neill, Mary Jo (Arizona)

Randall, Jennifer Ann (Colorado)

Struble, Stephanie (Colorado)

Weeks, Nancy A. (Colorado)

Attorneys(s) for Defendant

Collins, John L. (Texas)

Lee, Lawrence L. (Colorado)

Maatman, Gerald L Jr. (Illinois)

Mandelson, Richard Saul (Colorado)

Moore, Steven Woodrow (Colorado)

Mueller, Stacy Dian (Colorado)

Oberti, Mark Joseph (Texas)

Ross, David Bennet (New York)

Trim, Roger Glenn (Colorado)

Other Attorney(s)

Feiger, Lynn D. (Colorado)

Motsepe, Patrice (Pennsylvania)

Riches, Jonathan Lee (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Outback Steakhouse of Florida, Inc.

Jan. 11, 2010 Docket
1

Complaint

EEOC v. Outback Steakhouse of Florida, Inc.

Sept. 28, 2006 Complaint
10

Complaint in Intervention

EEOC v. Outback Steakhouse, Inc.

Dec. 4, 2006 Complaint
24

Amended Complaint in Intervention

EEOC v. Outback Steakhouse, Inc.

Jan. 26, 2007 Complaint
25

EEOC's First Amended Complaint

EEOC v. Outback Steakhouse, Inc.

Jan. 30, 2007 Complaint
41

Order [Regarding Motion for Protective Order]

EEOC v. Outback Steakhouse, Inc.

March 1, 2007 Order/Opinion
151

Order and Memorandum of Decision granting Defendant Motion to Dismiss

EEOC v. Outback Steak House of Florida, Inc.

Aug. 27, 2007 Order/Opinion
158

Second Amended Complaint in Intervention and Jury Demand

EEOC v. Outback Steakhouse of Florida, Inc.

Sept. 10, 2007 Complaint
207

Complaint in Intervention and Jury Demand

EEOC v. Outback Steakhouse of Florida, Inc.

Nov. 2, 2007 Complaint
396

Consent Decree

EEOC v. Outback Steakhouse of Florida, Inc.

2009 WL 5177751

Dec. 29, 2009 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4777236/equal-employment-opportunity-commission-v-outback-steakhouse-of-florida/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

ORDER of Recusal. Judge Krieger recuses herself. Clerk to reandomly reassign this case and adjust the draw of future cases. Signed by Judge Marcia S. Krieger on 9/29/06. (gmssl, )

Sept. 29, 2006 RECAP
5

ORDER : Scheduling Conference set for 12/7/2006 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 10/11/06. (gms, )

Oct. 11, 2006 RECAP
7

ORDER granting Plaintiff'Intervenors 6 Motion to Intervene. Complaint to be filed electronically no later than 12/4/06. Signed by Judge Edward W. Nottingham on 11/14/06.(gmssl, )

Nov. 14, 2006 RECAP
41

ORDER Granting in part and Denying in part 21 Defendants' Motion for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition of OS Restaurant Services, Inc. Defendants shall make supplemental discovery responses consistent with this order on or before 3/30/07. Signed by Magistrate Judge Boyd N. Boland on 3/1/07.(pap, )

March 1, 2007 RECAP
54

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Boyd N. Boland on 3/16/07. (pap, )

March 19, 2007 RECAP
70

ORDER Denying as premature 68 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/13/07.(pap, )

April 13, 2007 RECAP
102

ORDER Denying without prejudice the following motions: Denying 72 Motion to Extend Deadlines for ID of Claimants; Denying 77 Motion for Protective Order; Denying 87 Motion for Extension of Time for Plaintiffs to Disclose Experts; Denying 89 M otion for Extension of Time to File Expert Reports; Denying 96 Motion for Extension of Time to Serve Expert Report of Dr. Richard Tonowski. A Comprehensive Motion containing proposal for how the case should proceed and a reasonable schedule for all remaining pretrial matters is due on or before 6/15/07. Signed by Magistrate Judge Boyd N. Boland on 6/5/07.(pap, )

June 6, 2007 RECAP
116

ORDER Granting 88 EEOC's Motion to Compel. Defendants shall provide supplemental discover on or before 7/13/07. Granting 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents. Signed by Magistrate Judge Boyd N. Boland on 6/21/07.(pap, )

June 21, 2007 RECAP
134

Minute Entry for Status Conference held on 7/19/2007 before Chief Judge Edward W. Nottingham. ORDERED: 47 Motion to Bifurcate is GRANTED; 118 Motion to Amend/Correct/Modify is GRANTED in part; simultaneous disclosure of Phase I experts due by 09/ 01/07; depositions of Phase I experts shall be taken by 10/01/07; Phase I Discovery due by 11/15/2007; Dispositive Motions due by 12/7/2007. Cnsl directed to contact Magistrate Judge Boland's chambers to set Phase I scheduling conference.(Court Reporter Therese Lindblom) (ewncd)

July 19, 2007 RECAP
142

MINUTE ORDER Scheduling Conference is VACATED and RESET to 8/27/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. ORDER Setting Hearing on Motion 104 MOTION to Compel : Motion Hearing set for 8/27/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. Entered by Magistrate Judge Kristen L. Mix on 8/2/07. (pap, )

Aug. 2, 2007 RECAP
151

ORDER and Memorandum of Decision granting Defendant 28 Motion to Dismiss. Dismissal of Altizers claims shall be stayed for fourteen days from the date of this order to allow Trustee to file a motion for intervention or substitution as the real par ty in interest. Absent such a motion, the clerk shall forthwith enter judgment in favor of Defendants and against Altizer, dismissing her claims with prejudice. Defendants may then have their costs by filing a bill of costs within eleven days of the date on which the dismissal order is filed. Signed by Judge Edward W. Nottingham on 8/27/07.(gms, )

Aug. 27, 2007 RECAP
153

Minute Entry/Minute Order for Motion Hearing/Scheduling Conference as to Phase I held on 8/27/2007 before Judge Kristen L. Mix : Granting in part and Denying in part 104 Intervenor-Plaintiffs' Motion to Compel; Granting 137 Defendants' Motion to Modify Court's Order of 7/19/07; Dispositive Motions due by 11/15/2007. (Court Reporter FTR - KLM- Ellen E. Miller.) (pap, )

Aug. 27, 2007 RECAP
157

ORDER; GRANTING Unopposed 156 Motion to Intervene by Trustee Albert Hoffman. The Second Amended Complaint in Intervention shall be filed electronically and served no later than 9/14/07. Signed by Judge Edward W. Nottingham on 9/10/07.(ecmsl, )

Sept. 10, 2007 RECAP
186

Minute ORDER granting 184 Unopposed MOTION to Withdraw Document, withdrawing 174 MOTION to Compel Against Plaintiff EEOC by Defendants by Magistrate Judge Kristen L. Mix on 10/12/07.(dln, )

Oct. 15, 2007 RECAP
191

Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: granting in part and denying in part 187 Motion to Compel. Motion Hearing held on 10/22/2007. (Court Reporter FTR - E. E. Miller) (klmcd ) (Modified on 10/23/2007 to correct hearing date)(pap, ).

Oct. 22, 2007 RECAP
200

ORDER Plaintiff's and Intervenor's 104 Motion to Compel production of complaints is granted. Granting Plaintiff's Unopposed 193 Motion to Amend Scheduling Order to Reschedule Preliminary Pretrial Conference. Preliminary Pretrial Conference of 11/27/07 is vacated and reset for 12/13/07 at 10:00 am, proposed preliminary pretrial order deadline is due on or before 12/6/07,signed by Magistrate Judge Kristen L. Mix on 10/29/07.(sss, )

Oct. 29, 2007 RECAP
205

ORDER and Memorandum of Decision granting in part Plaintiff's 152 Motion to Strike, or in the alternative, file a surreply; granting Defendants' 112 Motion to Dismiss EEOC's nationwide claims; denying as moot Defendants' 48 Objection to the Magistrate's Order. Signed by Chief Judge Edward W. Nottingham on 11/2/07.(sss, )

Nov. 2, 2007 RECAP
206

ORDER granting 66 Motion to Intervene as Party Plaintiff filed by Heather Joffee. Signed by Chief Judge Edward W. Nottingham on 11/2/07.(sss, )

Nov. 2, 2007 RECAP
208

Minute ORDER denying without prejudice Defendants' 170 Motion to Strike Second Amended Complaint in Intervention and Jury Demand,by Magistrate Judge Kristen L. Mix on 11/13/07.(sss, )

Nov. 13, 2007 RECAP
213

Minute ORDER granting Plaintiffs' Unopposed 211 Motion for Leave to Conduct Deposition of Corvirtus, Inc. Out of Time. Discovery cut-off is extended to 12/10/07 for purposes of conducting Corvirtus, Inc. deposition only, by Magistrate Judge Kristen L. Mix on 11/20/07.(sss, )

Nov. 20, 2007 RECAP
283

ORDER: EEOC's 267 Motion to Compel Discovery is GRANTED IN PART and HELD IN ABEYANCE IN PART as discussed in attached order. Hearing set for 7/8/2008 at 4:00 PM Courtroom C-204 regarding EEOC's Motion to Compel production of documents in response to EEOC's Request for Production No. 6. Signed by Magistrate Judge Kristen L. Mix on 6/11/2008.(sss, ) Modified on 6/11/2008 to correct typographical error (sss, ).

June 11, 2008 RECAP
288

Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Motion Hearing held on 7/8/2008. ORDERED: Plaintiff EEOC's 267 MOTION TO COMPEL DISCOVERY regarding Request for Production No. 6 is TAKEN UNDER ADVISEMENT. The Court will issue a written order in due course. Portion of the 283 Court Order discussed in attached minutes is SUSPENDED until further Order of the Court. (Court Reporter FTR - K. Finney.) (sss, )

July 8, 2008 RECAP
292

ORDER: EEOC's 267 Motion to Compel Discovery is granted in part, denied in part, and held in abeyance in part as discussed in attached order. On or before 8/8/2008, EEOC shall file a supplemental brief in support of motion to compel discovery. On or before 8/15/2008, Defendants may respond to EEOC's supplemental brief. No reply will be permitted. Signed by Magistrate Judge Kristen L. Mix on 7/14/2008.(sss, )

July 14, 2008 RECAP
298

MINUTE ORDER denying the portion of Plaintiff EEOC's 267 Motion to Compel Discovery held in abeyance, by Magistrate Judge Kristen L. Mix on 8/12/2008.(sss, )

Aug. 12, 2008 RECAP
301

ORDER and Memorandum of Decision denying defendant's 217 Motion for Summary Judgment Against EEOC; denying defendant's 220 Motion for Summary Judgment Against Intervenors; denying defendant's 247 Motion for Automatic Evidence Pre clusion Regarding Exhibit 1 to the EEOC's Response to Motion for Summary Judgment; denying defendant's 253 Motion for Automatic Evidence Preclusion RegardingDeclarations Attached as Exhibits to the EEOC and Intervenors Responses toDefendants Motion for Summary Judgement. Defendants have 20 days to re-depose expert, Dr. Madden. Defendant's have 45 days to re-submit their motion(s) for summary judgment. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, )

Aug. 20, 2008 RECAP
302

ORDER and Memorandum of Decision denying intervenor Altizer's 160 Motion for Reconsideration. The court clarifies that its 151 Order dismissing Ms. Altizer's claims is limited to her monetary claims. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, )

Aug. 20, 2008 RECAP
303

ORDER and Memorandum of Decision denying 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, )

Aug. 20, 2008 RECAP
332

ORDER Setting Status Conference for 4/21/2009 11:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 4/7/09. (erv, )

April 7, 2009 RECAP
341

ORDER Three Week Jury Trial set for 1/19/2010 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. Trial Preparation Conference set for 12/18/2009 at 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 4/23/09. (erv, )

April 23, 2009 RECAP
348

ORDER This matter is before the Court sua sponte. Because a conflict has arisen on this Courts docket, the Daubert Hearing in this matter currently set for July 2, 2009 is VACATED. Counsel are DIRECTED to confer and call Chambers (303-335-2174) via conference call, with their calendars available, no later than May 22, 2009, in order to reschedule this hearing. by Judge Christine M. Arguello on 5/15/09. (erv, )

May 15, 2009 RECAP
349

ORDER. Pursuant to a telephone conference between counsel for the parties and Chambers staff, the Daubert hearing in this matter is RESET to 7/24/2009 at1:00 p.m. in Courtroom A602 by Judge Christine M. Arguello on 05/22/2009. (sah, )

May 22, 2009 RECAP
369

ORDER to Cure Deficiency re 365 Notice of Appeal by Jonathan Riches, by Judge Christine M. Arguello on 08/11/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

Aug. 11, 2009 RECAP
373

ORDER. The Daubert hearing set for 09/11/2009, is STRICKEN and reset for October 19 and 20, 2009. The supplemental briefs directed by Judge Arguello at the 04/21/2009, hearing are to be filed not later than 09/08/2009. Response briefs, if necessary, are to be filed not more than 18 days later. By Judge Robin J. Cauthron on 08/31/2009. (sah, )

Aug. 31, 2009 RECAP
380

ORDER Daubert Hearing set for 10/19/2009 01:00 PM in Courtroom A 602 before Judge Christine M. Arguello. FURTHER ORDERED that the Final Trial Preparation Conference set for December 18, 2009 at 9:00 a.m. and the three-week Jury Trial set to commence January 19, 2010 at 9:00 a.m. also remain on the docket of Judge Arguello. by Judge Christine M. Arguello on 9/16/09. (erv, )

Sept. 16, 2009 RECAP
385

MINUTE ORDER granting 384 Joint Motion to Stay the Action and Vacate Daubert Hearing. The two-day Daubert Hearing currently set for 10/19/2009 at 1:00 p.m. is VACATED. The Final Trial Preparation Conference set for 12/18/2009, at 9:00 a.m. and the three-week jury trial set for 01/18/2010 at 9:00 a.m. are VACATED. The Final Trial Preparation Conference set for December 18, 2009, at 9:00 a.m. and the three-week jury trial set for January 18, 2010, at 9:00 a.m. are VACATED. By Judge Christine M. Arguello on 10/16/2009.(sah, )

Oct. 16, 2009 RECAP
395

MINUTE ORDER granting 394 Joint Motion for Order Approving Consent Decree; and granting 394 Motion to Seal Exhibit "A". It is therefore ORDERED that the Consent Decree is hereby APPROVED and ENTERED. It is FURTHER ORDERED that Exhibit A thereto is SEALED. by Judge Christine M. Arguello on 12/29/09.(erv, )

Dec. 29, 2009 RECAP
396

CONSENT DECREE for the Plaintiff and against Defendants by Judge Christine M. Arguello on 12/29/09. (erv, )

Dec. 29, 2009 RECAP

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

OS Restaurant Services, Inc., Private Entity/Person

OS Restaurant Partners, Inc., Private Entity/Person

Outback Steakhouse of Florida, Inc., 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 19,000,000

Order Duration: 2009 - 2013

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

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

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit