Case: EEOC v. RAINBOW RESTAURANT PROPERTIES INC (d/b/a CHINO LATINO RESTAURANT)

0:06-cv-00988 | U.S. District Court for the District of Minnesota

Filed Date: March 7, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Minneapolis and Milwaukee offices of the EEOC brought this suit against Rainbow Restaurant Properties, Inc., d/b/a Chino Latino in March of 2007 in the U.S. District Court for the District of Minnesota. The complaint alleged that Chino Latino subjected Hispanic and Latino employees to harassment and different terms and conditions of employment because of their national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant allegedly harassed two employ…

The Minneapolis and Milwaukee offices of the EEOC brought this suit against Rainbow Restaurant Properties, Inc., d/b/a Chino Latino in March of 2007 in the U.S. District Court for the District of Minnesota. The complaint alleged that Chino Latino subjected Hispanic and Latino employees to harassment and different terms and conditions of employment because of their national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant allegedly harassed two employees and terminated their employment in retaliation for their organizing a meeting of the Hispanic employees.

The parties settled the case in April of 2007 by entry of a consent decree. The two-year decree included non-discrimination and non-retaliation clauses, required posting notice of rights, the creation of an employee advisory committee to review and present feedback on marketing and advertising to Chino Latino, and provided for training of managers on the laws against national origin discrimination and retaliation. Chino Latino was also required to create an ombudsperson to monitor the working conditions and establish a hotline with which complaints could be filed. In addition, Chino Latino agreed to pay $275,000 to a fund to be allocated to all former and current employees who submitted a meritorious claim. A fund worth $50,000 was also required to be distributed on a pro rata basis to an identified group of employees who had not submitted timely claim forms. Those employees receiving a pro rata portion of the $50,000 fund would have a check sent to their last known address; in the event that their check was not cashed within 180 days of its being issued, the check would be canceled and the amounts of any such canceled payments would be reallocated to the employees who had submitted timely completed claim forms. Following the entry of the consent decree, the court ordered adding two additional claimants who were inadvertently omitted from the list of impacted Hispanic and Latino employees.

In September 2007 the court ordered that the proposed consent decree was approved and should be implemented. In February 2009, the court approved the distribution of the final settlement funds to a non-profit that provides legal aid to Latino community in Minnesota. As there are no further entries on the docket, presumably this case closed in 2009.

Summary Authors

Kevin Wilemon (5/15/2008)

Rachel Barr (4/1/2018)

People


Judge(s)

Graham, Jeanne J. (Minnesota)

Schiltz, Patrick Joseph (Minnesota)

Attorneys(s) for Plaintiff

Kamp, Jean P. (Illinois)

Vasichek, Laurie A. (Minnesota)

Attorneys(s) for Defendant

Langevin, Judith Bevis (Minnesota)

Lehmann, Carl Crosby (Minnesota)

Oden, Reagan Wilkins (Minnesota)

Judge(s)

Graham, Jeanne J. (Minnesota)

Schiltz, Patrick Joseph (Minnesota)

Attorneys(s) for Plaintiff

Kamp, Jean P. (Illinois)

Vasichek, Laurie A. (Minnesota)

Attorneys(s) for Defendant

Langevin, Judith Bevis (Minnesota)

Lehmann, Carl Crosby (Minnesota)

Oden, Reagan Wilkins (Minnesota)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Rainbow Restaurant Properties, Inc.

May 11, 2009 Docket
1-1

Complaint

EEOC v. Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant

March 7, 2006 Complaint
10

Proposed Consent Decree

EEOC v. Rainbow Restaurant Properties, Inc. d/b/a Chino Latino Restaurant

April 27, 2007 Settlement Agreement
13

Order for Amendment to Consent Decree

EEOC v. Rainbow Restaurant Properties, Inc., d/b/a Chino Latino Restaurant

Aug. 9, 2007 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Rainbow Restaurant Properties, Inc. assigned to Judge Joan N. Ericksen per Master referred to Magistrate Judge Susan R. Nelson, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JMH) Document QC'd on 8/28/2012. (rms) (Entered: 03/07/2006)

March 7, 2006
2

ANSWER to Complaint by Rainbow Restaurant Properties, Inc..(Lehmann, Carl) (Entered: 03/27/2006)

March 27, 2006
3

NOTICE OF PRETRIAL CONFERENCE Rule 26 Meeting Report due by 5/1/2006. Pretrial Conference set for 5/10/2006 02:30 PM in Minneapolis − in Chambers suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 3/28/06. (Attachments: # 1 Consent Form)(JLB) (Entered: 03/28/2006)

March 28, 2006
4

REPORT Rule 26(f) Report by Rainbow Restaurant Properties, Inc. and Equal Employment Opportunity Commission (Lehmann, Carl). Modified on 8/3/2006 − added EEOC as filer. (MMC). (Entered: 05/01/2006)

May 1, 2006
5

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 5/10/2006. (JMH) Modified on 5/11/2006 (JMH). (Entered: 05/11/2006)

May 10, 2006
6

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2006. Discovery due by 2/15/2007. Motions (non−disp) due 3/1/2007. Motions (disp) due by 3/1/2007. Ready for trial due by 8/1/2007. Signed by Magistrate Judge Susan R Nelson on 5/11/06. (JLB) (Entered: 05/11/2006)

May 11, 2006
7

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 9/6/2006 09:30 AM in Minneapolis − in Chambers Suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 5/11/06. (JLB) (Entered: 05/11/2006)

May 11, 2006

TEXT ENTRY ONLY−CLERK`S NOTICE OF REASSIGNMENT OF NEW JUDGE. This case is reassigned to Judge Patrick J Schiltz and Magistrate Judge Jeanne J Graham for all further proceedings. Any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise. If you have questions regarding this assignment, please direct your inquiries to either Judge Schiltz' chambers at #651−848−1900 or Mary Lenner at #651−848−1890 in Magistrate Judge Graham's chambers. The new case number is 0:06−cv−00988−PJS−JJG. Please use this case number on future pleadings. Judge Joan N Ericksen and Magistrate Judge Susan R Nelson are no longer assigned to case. Signed by Clerk Richard D Sletten on 5/30/06. (JGG) (Entered: 05/30/2006)

May 30, 2006
8

DISCLOSURES Rule 25(a)(1) Initial Disclosure by Rainbow Restaurant Properties, Inc..(Lehmann, Carl) (Entered: 06/01/2006)

June 1, 2006
9

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Settlement Conference held on 9/7/2006. Preliminary class settlement reached, subject to Court approval. (jc) (Entered: 09/07/2006)

Sept. 7, 2006
10

Proposed Consent Decree. Signed by Judge Patrick J. Schiltz on 04/27/07. (bjs) (Entered: 04/27/2007)

April 27, 2007
12

LETTER TO DISTRICT JUDGE by Rainbow Restaurant Properties, Inc.. (Lehmann, Carl) (Entered: 08/08/2007)

Aug. 8, 2007
13

ORDER FOR AMENDMENT TO CONSENT DECREE. Signed by Judge Patrick J. Schiltz on 8/9/07. (sf) (Entered: 08/09/2007)

Aug. 9, 2007
14

Minute Entry for proceedings held before Judge Patrick J. Schiltz: Final Fairness Hearing held on 9/7/2007. (Court Reporter Debra Beauvais) (sf) (Entered: 09/07/2007)

Sept. 7, 2007
15

ORDER − The terms of proposed consent decree, dated April 27, 2007 10 , as amended by the Court's August 9, 2007 order 13 , are APPROVED.The parties are ORDERED to abide by the terms of proposed consent decree, dated April 27, 2007 10 , as amended by the Court's August 9, 2007 order 13 . Defendant is ORDERED to pay claimants in accordance with the terms of the proposed consent decree and the notice of proposed allocations dated August 8, 2007 11 . LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 09/10/07. (bjs) (Entered: 09/10/2007)

Sept. 10, 2007
16

JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice # 2 Civil Notice − appeal)(dch) (Entered: 09/11/2007)

Sept. 11, 2007
17

Joint MOTION for Disbursement of Funds for Approval of Final Fund Distribution by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 02/06/2009)

Feb. 6, 2009
18

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 17 Joint MOTION for Disbursement of Funds for Approval of Final Fund Distribution (Vasichek, Laurie) (Entered: 02/06/2009)

Feb. 6, 2009
19

ORDER granting 17 Motion for Disbursement of Funds. Signed by Judge Patrick J. Schiltz on 2/9/09. (sf) (Entered: 02/09/2009)

Feb. 9, 2009
20

AMENDED ORDER APPROVING FINAL DISTRIBUTION. The Court hereby GRANTS the parties' motion for approval of distributing the final remaining funds to Immigrant Law Center of Minnesota for purposes of funding and supporting its volunteer program. SO ORDERED. Signed by Judge Patrick J. Schiltz on 05/11/09. (BJS) (Entered: 05/11/2009)

May 11, 2009

State / Territory: Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 7, 2006

Closing Date: 2009

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

Rainbow Restaurant Properties (Minneapolis, Minnesota), 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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $325,000

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian