Case: EEOC v. LBW Investments, L.L.C. d/b/a JB's

2:01-cv-00439 | U.S. District Court for the District of Utah

Filed Date: June 15, 2001

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In June 2001, the Phoenix District Office of the EEOC filed this lawsuit, along with the US and Salt Lake City Attorney's Office, against LBW investments, Summit Family Restaurants, Santa Barbara Restaurant Group, JB's Family Restaurants and CKE Restaurants, all doing business as JB's Family Restaurants, in the U.S. District Court for the Central District of Utah alleging sexual discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complain…

In June 2001, the Phoenix District Office of the EEOC filed this lawsuit, along with the US and Salt Lake City Attorney's Office, against LBW investments, Summit Family Restaurants, Santa Barbara Restaurant Group, JB's Family Restaurants and CKE Restaurants, all doing business as JB's Family Restaurants, in the U.S. District Court for the Central District of Utah alleging sexual discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subject the twelve charging parties, female employees, to a sexually hostile work environment and retaliated against them to the point of constructively discharging some of the employees. Defendants Santa Barbara Restaurant Group and CKE Restaurants were voluntarily dismissed in August 2001. Following some discovery and an unsuccessful motion for summary judgment in October 2002, the parties settled the lawsuit through consent decrees in February and March of 2004.

The consent decrees, containing anti-discrimination and anti-retaliation clauses, lasted for five and three years and required the defendants to: make compliance reports to the EEOC, allow the EEOC access for monitoring, provide written apologies to the complainants and offer them reinstatement, post and distribute notice of EE laws, provide EEO training, implement a complaint resolution process, and pay a total of $435,000 to 12 individuals. The terms of the agreement were to run for 5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

David Friedman (11/15/2007)

Documents in the Clearinghouse

Document

2:01-cv-00439

Docket

EEOC v. JB's Farm Rest, et al

March 26, 2004

March 26, 2004

Docket
1

2:01-cv-00439

Complaint

EEOC v. LBW Investments, LLC, d/b/a JB's Family Restaurants, et al.

June 15, 2001

June 15, 2001

Complaint
2

2:01-cv-00439

Amended Complaint

EEOC v. LBW Investments, LLC, d/b/a JB's Family Restaurants, et al.

June 18, 2001

June 18, 2001

Complaint
16

2:01-cv-00439

Second Amended Complaint

EEOC v. JB's Family Restaurants, Inc., et al.

Aug. 30, 2001

Aug. 30, 2001

Complaint
30

2:01-cv-00439

Third Amended Complaint

EEOC v. JB's Family Restaurants, Inc., et al.

Aug. 1, 2002

Aug. 1, 2002

Complaint
85

2:01-cv-00439

Order

EEOC v. JB's Restaurant

April 16, 2003

April 16, 2003

Order/Opinion
90

2:01-cv-00439

Consent Decree [JB's Family Restaurants]

EEOC v. JB's Family Restaurants, Inc., et al.

Feb. 18, 2004

Feb. 18, 2004

Settlement Agreement
93

2:01-cv-00439

Consent Decree [Summit Family Restaurants]

EEOC v. JB's Family Restaurants, Inc., et al.

March 26, 2004

March 26, 2004

Settlement Agreement

2:01-cv-00439

Office of General Counsel FY 2004 Annual Report

EEOC v. JB's Restaurants, et al.

No Court

Oct. 18, 2005

Oct. 18, 2005

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402440/eeoc-v-jbs-fam-rest/

Last updated Aug. 9, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge Tena Campbell (asp) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

PACER
2

Amended complaint by EEOC plaintiff Amends [1-1] complaint; jury demand (tsh) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

RECAP
3

Motion and Order signed by Judge Tena Campbell, 06/20/01 . Granting motion /PHV for Attorney: Michelle G. Marshall on behalf of plaintiff EEOC cc:attys (tsh) (Entered: 06/21/2001)

June 20, 2001

June 20, 2001

PACER
4

Stipulation by EEOC, LBW Invst, Summit Fam Rest, Santa Barbara Rest, CKE Rest stip to extend time until 8/17/01 to answer or otherwise respond to Pla's Amended Cmp (tsh) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

PACER
5

Motion by EEOC for entry of default as to Summit Fam Rest (tsh) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
6

Notice of voluntary dismissal as to dfts Santa Barbara Restaurant Group d/b/a JB's Family Restaurants and CKE Restaurants d/b/a JB's Family Restaurants without prejudice (tsh) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

RECAP
7

Certificate of service [6-1] notice of dismissal, [5-1] motion for entry of default as to Summit Fam Rest by EEOC (tsh) Modified on 08/03/2001 (Entered: 08/03/2001)

Aug. 2, 2001

Aug. 2, 2001

PACER
8

Motion by Summit Fam Rest to set aside default judgment, or in the alternative opposition to application for default judgment (tsh) (Entered: 08/07/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
9

Memorandum by Summit Fam Rest in support of [8-1] motion to set aside default judgment, [8-2] motion opposition to application for default judgment (tsh) (Entered: 08/07/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
10

Declaration of Robert Wheaton in support of [8-1] motion to set aside default judgment, [8-2] motion opposition to application for default judgment (tsh) (Entered: 08/07/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
11

Order granting [4-1] stipulation motion to extend time until 8/17/01 to answer or otherwise respond to Pla's Amended Cmp, answer due set for 8/17/01 for LBW Invst signed by Judge Tena Campbell, 08/08/01 cc:atty (tsh) (Entered: 08/09/2001)

Aug. 8, 2001

Aug. 8, 2001

PACER
12

Order withdrawing [5-1] motion for entry of default as to Summit Fam Rest, granting [8-1] motion to set aside default judgment as to Summit Fam Rest, granting [8-2] motion re: opposition to application for default judgment signed by Judge Tena Campbell, 8/14/01. cc:atty (ce) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
13

Stipulation by EEOC, LBW Invst, Summit Fam Rest stip for pla leave to file second amd cmp, and stip to withdraw [5-1] motion for entry of default as to Summit Fam Rest, or in the alternative to set aside default (tsh) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
14

Return of summons executed as to CKE Rest, Santa Barbara Rest, Summit Fam Rest 7/3/01 Answer due on 7/23/01 for CKE Rest, for Santa Barbara Rest, for Summit Fam Rest (tsh) (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER
15

Return of summons executed as to LBW Invst 7/10/01 Answer due on 7/30/01 for LBW Invst (tsh) (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER
16

SECOND Amended complaint by EEOC added party(ies): JB's Fam Rest . Amends [2-1] amended complaint; jury demand (tsh) (Entered: 09/05/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER
17

Acceptance of service as to JB's Fam Rest 9/5/01 Answer due on 9/25/01 for JB's Fam Rest (tsh) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

PACER
18

Answer by JB's Fam Rest to amended complaint (tsh) (Entered: 09/26/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
19

Stipulation by EEOC, Summit Fam Rest stip to extend time until 10/26/01 for dft Summit Fam Rest to respond to pla's Second Amd Cmp (tsh) (Entered: 10/19/2001)

Oct. 17, 2001

Oct. 17, 2001

PACER
20

Order granting [19-1] stipulation motion to extend time until 10/26/01 for dft Summit Fam Rest to respond to pla's Second Amd Cmp, answer due set for 10/26/01 for Summit Fam Rest signed by Judge Tena Campbell, 10/22/01 cc:atty (tsh) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

PACER
21

Answer by Summit Fam Rest to second amended complaint; jury demand (tsh) (Entered: 10/29/2001)

Oct. 26, 2001

Oct. 26, 2001

PACER
22

Magistrate Notice of Hearing Initial Pretrial Conference set for 9:30 2/28/02 To be held before Judge Boyce cc:atty ( Ntc generated by: IPT Blue Sheet) (tsh) (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

PACER
23

Motion and Order signed by Judge Tena Campbell, 02/22/02 Granting motion/PHV for Attorney Ali Levin on behalf of defendant Summit Fam Rest cc:attys (tsh) (Entered: 02/25/2002)

Feb. 21, 2002

Feb. 21, 2002

PACER
24

REPORT of Attorney Planning Meeting (tsh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
25

Scheduling order setting; Deadline for filing of all motions 4:30 10/24/03; Discovery cutoff 4:30 7/15/02; Fact Discovery cutoff 02/07/03; Final Pretrial Conference for 3:00 3/22/04 ; 15-Day Jury Trial for 8:30 4/12/04. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set. Signed by Judge Ronald N. Boyce 02/28/02 cc:atty. Settlement Potential: Fair (tsh) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
26

Certificate of service by Summit Fam Rest re: Summit Fam Rest's Initial Disclosures (tsh) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

PACER
27

Certificate of service by EEOC re: Pla's First Supplemental Disclosure (tsh) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
28

Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to amend [16-1] second amended complaint (tsh) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
29

Order granting [28-1] stipulation motion to amend [16-1] second amended complaint signed by Judge Tena Campbell, 07/10/02 cc:atty (tsh) (Entered: 07/17/2002)

July 15, 2002

July 15, 2002

PACER
30

THIRD Amended complaint by EEOC added no new parties . Amends [16-1] 2nd amended complaint; jury demand (ksp) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

PACER
31

Answer by Summit Fam Rest to third amended complaint; jury demand (ce) (Entered: 08/05/2002)

Aug. 2, 2002

Aug. 2, 2002

PACER
32

Answer by JB's Fam Rest to third amended complaint (tsh) (Entered: 08/13/2002)

Aug. 9, 2002

Aug. 9, 2002

PACER
33

Motion by JB's Fam Rest for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (ce) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
34

Memorandum by JB's Fam Rest in support of [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (ce) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
35

Notice of Hearing filed : Motion hearing set for 2:30 11/13/02 for [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests To be held before Judge TC cc:atty ( Ntc generated by: TC's crtrm dep) (tsh) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
36

Certificate of service by Summit Fam Rest re: initial disclosures, obj/resp to plas first set of non-uniform interrogatories, obj/resp to plas first set of req for prod of docs (kvs) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
38

Motion by Summit Fam Rest for summary judgment (tsh) (Entered: 11/07/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
39

Memorandum by Summit Fam Rest in support of [38-1] motion for summary judgment (tsh) (Entered: 11/07/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
40

Affidavit of Robert E. Wheaton (tsh) (Entered: 11/07/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
41

Affidavit of Steven L. Schmidt (tsh) (Entered: 11/07/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
37

Supplemental Memorandum by JB's Fam Rest in support of [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (ce) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
43

Certificate of service by EEOC re: pla second supplemental disclosure (kvs) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
44

Memorandum by EEOC in opposition to [33-1] motion for protective order relieving JB's from its obligation to respond to the EEOC's premature discovery requests (tsh) (Entered: 11/18/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
42

Notice of Hearing filed : striking hearing previously set for 1/6/03 at 3:00 p.m., terminated deadlines To have been held before Judge TC cc:atty ( Ntc generated by: TC's crtrm dep) (tsh) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
45

Stipulation by EEOC, Summit Fam Rest stip to extend time until 12/20/02 for pla to respond to dft Summit Family Restaurant's Motion for Sum/Jgm (tsh) (Entered: 11/25/2002)

Nov. 18, 2002

Nov. 18, 2002

PACER
46

Order granting [45-1] stipulation motion to extend time until 12/20/02 for pla to respond to dft Summit Family Restaurant's Motion for Sum/Jgm signed by Judge Tena Campbell, 11/19/02 cc:atty (tsh) (Entered: 11/25/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
47

Certificate of service by EEOC re: Pla's Fourth Supplemental Disclosure (tsh) Modified on 12/02/2002 (Entered: 12/02/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
48

Certificate of service by EEOC re: Pla's Third Supplemental Disclosure (tsh) (Entered: 12/02/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
49

Stipulation by EEOC, Summit Fam Rest stip to extend time to 1/6/03 for pla to file resp to mot/sumjgm (alt) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
50

Order granting [49-1] stipulated motion to extend time to 1/6/03 for pla to file resp to mot/sumjgm signed by Judge Tena Campbell, 12/27/02 cc:atty (alt) (Entered: 01/02/2003)

Dec. 30, 2002

Dec. 30, 2002

PACER
51

Stipulation by EEOC, Summit Fam Rest Stipulation by EEOC and Summit Family Restaurant to extend time for the EEOC to respond to Summit's Motion for Summary Jgm until 1/8/03 (jmr) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
52

Order granting [51-1] Stipulation by EEOC and Summit Family Restaurant to extend time for the EEOC to respond to Summit's Motion for Summary Jgm until 1/8/03 and dft Summit Fam Restaurants have until 1/28/03 to serve its reply signed by Judge Tena Campbell, 1/6/03 cc:atty (ce) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
53

Ex parte motion by EEOC for leave to file overlength mem/opp to Summit Family's mot/sumjgm (alt) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
54

Memorandum by EEOC in opposition to [38-1] motion for summary judgment (alt) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
56

Order granting [53-1] ex parte motion for leave to file overlength mem/opp to Summit Family's mot/sumjgm signed by Judge Tena Campbell, 1/10/03 cc:atty (alt) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

PACER
55

Notice of Hearing filed: Motion hearing set for 3:00 4/16/03 for [38-1] motion for summary judgment To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
57

Substitution of Counsel Within Firm. Terminated attorney Ali Levin for Summit Fam Rest - Added Heidi E Leithead, Bentley J. Tolk (alt) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

PACER
58

Stipulation by EEOC, Summit Fam Rest stip to extend time to 2/28/03 for dft Summit to serve rply mem/sup to mot/sumjgm (alt) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
59

Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to extend time for deadlines: 9/12/03 for fact disc; 10/17/03 for pla's, 11/14/03 for dfts' rpts from retained experts; 12/17/03 for rebuttal expert rpts (alt) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
60

Ex parte motion by EEOC for Ralph E. Chamness to withdraw as attorney; pla to be represented by Michelle G. Marshall (alt) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
61

Order granting [60-1] ex parte motion for Ralph E. Chamness to withdraw as attorney; pla to be represented by Michelle G. Marshall as new lead atty (Terminated attorney Ralph E. Chamness for EEOC) signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

PACER
62

Order granting [58-1] stipulated motion to extend time to 2/28/03 for dft Summit to serve rply mem/sup to mot/sumjgm signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

PACER
63

Order granting [59-1] stipulated motion to extend time for deadlines: 9/12/03 for fact disc; 10/17/03 for pla's, 11/14/03 for dfts' rpts from retained experts; 12/17/03 for rebuttal expert rpts, fact discovery due set for 9/12/03 signed by Judge Tena Campbell, 1/27/03 cc:atty (alt) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

PACER
64

Notice of filing of original affs in supp of mem/opp to Summit's mot/sumjgm by EEOC (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
65

Affidavit of Rachelle Ruddell Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
66

Affidavit of Deanna Bingham Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
67

Affidavit of Twila Pace Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
68

Affidavit of Heather Jackson Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
69

Affidavit of Jamie Bledsoe Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
70

Affidavit of Jeni Miller Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
71

Affidavit of Lisa Van Fleet Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
72

Affidavit of Anne Jackson Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
73

Affidavit of Amy Thomas Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
74

Affidavit of Valerie Bodine Re: [54-1] opposition memorandum (alt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
75

Motion by Summit Fam Rest to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
76

Memorandum by Summit Fam Rest in support of [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
77

Motion by Summit Fam Rest to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
78

Memorandum by Summit Fam Rest in support of [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
79

Ex parte motion by Summit Fam Rest for leave to file overlength rply mem/supp of mot/sumjgm (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
80

Reply by Summit Fam Rest to response to [38-1] motion for summary judgment (alt) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
81

Order granting [79-1] ex parte motion for leave to file overlength rply mem/supp of mot/sumjgm signed by Judge Tena Campbell, 3/4/03 cc:atty (alt) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

PACER
82

Memorandum by EEOC in opposition to [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm), [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (alt) (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

PACER
83

Reply by Summit Fam Rest to response to [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) (ce) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
84

Reply by Summit Fam Rest to response to [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) (ce) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
85

Minute entry: After hearing argument from counsel, the court grants both motions to strike and denies motion for summary judgment without prejudice. The court finds EEOC has made a reasonable attempt at conciliation and recognizes Summit did not get notice. Therefore, the court orders case stayed for 2 months. After two months, the court will lift the stay. The court orders conciliation to be scheduled by 4/18/03. granting [77-1] motion to strike aff of Michelle G. Marshall (Exh 1 to EEOC's Mem/Opp to Mot/Sumjgm) granting [75-1] motion to strike aff of Ralph E. Chamness (Exh 25 to EEOC's Mem/Opp to Mot/Sumjgm) denying [38-1] motion for summary judgment ; Judge: Tena Campbell Court Reporter: Mindy Powers Court Deputy: Theresa Brown (tb) (Entered: 04/21/2003)

April 16, 2003

April 16, 2003

PACER
86

Motion and Order signed by Judge Tena Campbell, 4/21/03. Granting motion/PHV for Attorney P. David Lopez on behalf plaintiff EEOC cc:attys (alt) (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

PACER
87

Order denying Summit Fam Rest's [38-1] motion for summary judgment signed by Judge Tena Campbell, 4/23/03 cc:atty (alt) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
88

Stipulation by EEOC, Summit Fam Rest, JB's Fam Rest stip to extend time for certain ddls: fact disc, 11/21/03; motion filing, 1/30/04; exp disc, 2/6/04 (alt) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
89

Order granting [88-1] stipulated motion to extend time for certain ddls: fact disc, 11/21/03; motion filing, 1/30/04; exp disc, 2/6/04, discovery due set for 11/21/03-fact, 2/6/04-expert, motion filing deadline set for 1/30/04 signed by Judge Tena Campbell, 5/1/03 cc:atty (alt) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
90

Consent judgment for EEOC against JB's Fam Rest in amt of $300,000.00; signed by TC [EOD Date 2/19/04] (alt) (Entered: 02/19/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
91

Notice of Hearing filed: status conference set for 2:30 4/12/04 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
92

Notice of lodging consent decree between pla and Summit Family Restaurants by EEOC (alt) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

PACER
93

Injunction against Summit Rest re: sexual harrassment & retaliation; signed by TC, 3/26/04 (alt) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 15, 2001

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

JB's Family Restaurants, Private Entity/Person

CKE Restaurants, Private Entity/Person

Santa Barbara Restaurant Group, Private Entity/Person

Summit Family Restaurants, Private Entity/Person

LBW Investments, 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: 435000

Order Duration: 2004 - 2009

Content of Injunction:

Apology

Monitoring

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Reinstatement

Recordkeeping

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits