Case: EEOC v. TACO BELL, INC., dba TACO BELL EXPRESS & DOUBLE-D

4:97-cv-04160 | U.S. District Court for the District of South Dakota

Filed Date: July 31, 1997

Closed Date: Sept. 8, 1998

Clearinghouse coding complete

Case Summary

The EEOC's Denver office filed this suit on July 31, 1997 in the U.S. District Court for the District of South Dakota against Taco Bell, Inc. and Double-D Inc. The complaint alleged that the defendants violated Title VII of the Civil Rights Act by subjecting female employees to sexual harassment. Both defendants filed motions for summary judgment which were subsequently denied. The parties stipulated to the dismissal of defendant Double-D on August 18, 1998 and the court ordered the dismissal that day. The trial was held in August 1998. The jury returned a verdict in favor of Taco Bell. The EEOC's subsequent motions new trial and judgment notwithstanding the verdict were denied.

Summary Authors

Jason Chester (2/7/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10636714/parties/eeoc-v-taco-bell-inc/


Judge(s)

Jones, John Bailey (South Dakota)

Documents in the Clearinghouse

Documents in this case

4:97-cv-04160

Docket

EEOC v. Taco Bell, Inc.

June 27, 2006

June 27, 2006

Docket
1

4:97-cv-04160

Complaint and Jury Trial Demand

EEOC v. Taco Bell, Inc.

July 31, 1997

July 31, 1997

Complaint
6

4:97-cv-04160

Amended Complaint and Jury Trial Demand

EEOC v. Taco Bell, Inc.

Sept. 22, 1997

Sept. 22, 1997

Complaint
78

4:97-cv-04160

Order [re: Summary Judgment]

EEOC v. Taco Bell, Inc.

July 7, 1998

July 7, 1998

Order/Opinion
130

4:97-cv-04160

Order of Dismissal with Prejudice as to Defendant Double-D., Inc.

EEOC v. Taco Bell, Inc.

Aug. 18, 1998

Aug. 18, 1998

Order/Opinion
144

4:97-cv-04160

Judgment on Jury Verdict

EEOC v. Taco Bell, Inc.

Sept. 8, 1998

Sept. 8, 1998

Order/Opinion
154

4:97-cv-04160

Order on Post-Trial Motions

EEOC v. Taco Bell, Inc.

Dec. 17, 1998

Dec. 17, 1998

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10636714/eeoc-v-taco-bell-inc/

Last updated Sept. 17, 2026, 6:41 p.m.

Docket for: EEOC v. Taco Bell, Inc.
ECF Number Date Description Link
1 July 31, 1997

COMPLAINT: no summons(es) issued (plaintiffs advise of proceeding by waiver of summons); jury demand (SKM) (Entered: 07/31/1997)

Clearinghouse
2 July 31, 1997

CIVIL COVER SHEET (SKM) (Entered: 07/31/1997)

PACER
3 Sept. 18, 1997

NOTICE of Lawsuit and request for waiver of service of summons by plaintiff EEOC (DLS) (Entered: 09/18/1997)

PACER
4 Sept. 18, 1997

NOTICE of Lawsuit and request for waiver of service of summons by plaintiff EEOC (DLS) (Entered: 09/18/1997)

PACER
5 Sept. 18, 1997

WAIVER Of Service by defendant Double-D Inc. on 9/4/97 (DLS) (Entered: 09/18/1997)

PACER
7 Oct. 6, 1997

ANSWER by defendant Taco Bell, Inc. to Amended Complaint [6-1] (SKM) (Entered: 10/06/1997)

Clearinghouse
8 Oct. 6, 1997

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SKM) (Entered: 10/06/1997)

PACER
9 Oct. 6, 1997

WAIVER Of Service by defendant Taco Bell, Inc. on 9/15/97 (SKM) (Entered: 10/06/1997)

PACER
10 Oct. 6, 1997

ANSWER by defendant Double-D Inc. to Amended Complaint [6-1]; jury demand (SKM) (Entered: 10/06/1997)

Clearinghouse
Oct. 6, 1997

PRO HAC VICE fee paid by Larkin, Hoffman for Christopher Harristhal (SKM) (Entered: 10/16/1997)

PACER
11 Oct. 7, 1997

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SKM) (Entered: 10/07/1997)

PACER
12 Oct. 14, 1997

MOTION for attorney Christopher J. Harristhal to appear pro hac vice by defendant Taco Bell, Inc. (SKM) (Entered: 10/16/1997)

PACER
12 Oct. 14, 1997

ORDER by Lawrence L. Piersol granting motion for attorney Christopher J. Harristhal to appear pro hac vice [12-1] (cc:all counsel) (SKM) (Entered: 10/16/1997)

PACER
13 Nov. 24, 1997

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (SLL) (Entered: 11/25/1997)

PACER
14 Dec. 5, 1997

RULE 26 Initial Disclosures by defendant Double-D Inc. (FE) (Entered: 12/08/1997)

PACER
15 Dec. 5, 1997

Form 35 Report Of Parties Planning Meeting re [13-1] (FE) (Entered: 12/08/1997)

PACER
16 Dec. 5, 1997

CERTIFICATE OF MAILING by defendant Double-D Inc. (FE) (Entered: 12/08/1997)

PACER
17 Dec. 15, 1997

RULE 26 Disclosures by defendant Taco Bell, Inc. (SLL) (Entered: 12/15/1997)

PACER
18 Dec. 15, 1997

ATTORNEY APPEARANCE of Mia E. Bitterman for plaintiff EEOC ; attorney Mia E. Bitterman added (SLL) (Entered: 12/15/1997)

PACER
19 Dec. 16, 1997

MINUTES RE: telephone conference re: scheduling order before the Hon. Lawrence L. Piersol, District Judge, Sioux Falls (JMM) (Entered: 12/16/1997)

PACER
20 Dec. 17, 1997

RULE 16 SCHEDULING ORDER by Lawrence L. Piersol; Discovery ddl set for 4/30/98; mtn filing ddl set for 5/15/98; motions hearing and pretrial conference set for 1:30 7/13/98; jury trial set for 9:30 8/11/98 (cc: all counsel) (SKM) (Entered: 12/17/1997)

PACER
21 Dec. 24, 1997

Supplement to Form 35 Report Of Parties Planning Meeting re [13-1] (SLL) (Entered: 12/24/1997)

PACER
23 March 4, 1998

NOTICE by plaintiff EEOC of taking deposition of Mary Jane Skaff on 3/17/98 at 3:00 pm (SLL) (Entered: 03/04/1998)

PACER
24 March 4, 1998

NOTICE by plaintiff EEOC of taking deposition of Mark Mueller on 3/20/98 at 9:00 am (SLL) (Entered: 03/04/1998)

PACER
25 March 4, 1998

NOTICE by plaintiff EEOC of taking deposition of Lisa Goeman on 3/20/98 at 11:00 am (SLL) (Entered: 03/04/1998)

PACER
26 March 4, 1998

NOTICE by plaintiff EEOC of taking deposition of Kelly Dwight Brady on 3/19/98 at 4:00 pm (SLL) (Entered: 03/04/1998)

PACER
27 March 9, 1998

NOTICE by plaintiff EEOC of taking deposition of Laura Wolmutt on March 17, 1998, at 9:00 AM (FE) (Entered: 03/10/1998)

PACER
28 March 9, 1998

NOTICE by plaintiff EEOC of taking deposition of Patrick Boll on March 17, 1998, at 10:30 AM (FE) (Entered: 03/10/1998)

PACER
29 March 16, 1998

NOTICE by plaintiff EEOC of taking deposition of Sandra Higgins on 3/20/98 at 2:00 pm (FE) (Entered: 03/17/1998)

PACER
30 March 27, 1998

SUPPLEMENTAL DISCLOSURE STATEMENT PURSUANT TO F.R.C.P. 26(A)(1) by defendant Double-D Inc. re discovery [14-1] (FE) (Entered: 03/30/1998)

PACER
31 March 27, 1998

CERTIFICATE OF SERVICE by defendant Double-D Inc. (FE) (Entered: 03/30/1998)

PACER
32 April 20, 1998

NOTICE by plaintiff EEOC of taking deposition of Bill (William) Traynor on 4/29/98 (SKM) (Entered: 04/20/1998)

PACER
33 April 20, 1998

MOTION for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents by plaintiff EEOC (SKM) (Entered: 04/20/1998)

PACER
34 April 27, 1998

AFFIDAVIT of Nelson Alston in support of motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (SKM) (Entered: 04/27/1998)

PACER
35 April 27, 1998

AMENDED NOTICE by plaintiff EEOC of taking deposition of Bill (William) Traynor on 4/30/98 (SKM) (Entered: 04/27/1998)

PACER
36 April 27, 1998

RESPONSE by defendant Taco Bell, Inc. to motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (FE) (Entered: 05/05/1998)

PACER
37 May 1, 1998

REPLY by plaintiff EEOC to response to motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1]; reply to Defendant Taco Bell's assertion that 3rd set of discovery was not timely served and Plaintiff has exceeded limit of 10 depositions [36-1] (FE) (Entered: 05/05/1998)

PACER
May 2, 1998

SEE VOLUME II (FE) (Entered: 05/05/1998)

PACER
38 May 4, 1998

MOTION to quash Subpoena , and for hearing on motion to quash by Interested Party Sioux Falls, City of (FE) (Entered: 05/05/1998)

PACER
39 May 4, 1998

MEMORANDUM/BRIEF by Interested Party Sioux Falls, City of in support of motion to quash Subpoena [38-1], of motion for hearing on motion to quash [38-2] (FE) (Entered: 05/05/1998)

PACER
40 May 4, 1998

CERTIFICATE OF SERVICE by Interested Party Sioux Falls, City of (FE) (Entered: 05/05/1998)

PACER
41 May 4, 1998

ORDER by Lawrence L. Piersol re: Stipulation for Protective Order and Protective Order, no basis has been established to show why file should be sealed, Court must be presented with factual basis and legal basis for consideration before file closed to public inspection (cc:all counsel) (FE) (Entered: 05/05/1998)

PACER
42 May 4, 1998

JOINDER by defendant Double-D Inc. joining in Response to motion [DOC 36] (FE) (Entered: 05/05/1998)

PACER
May 4, 1998

VOLUME II (FE) (Entered: 05/05/1998)

PACER
43 May 5, 1998

DEPOSITION QUESTIONS for William Traynor (JMM) (Entered: 05/06/1998)

PACER
44 May 5, 1998

CERTIFICATE OF SERVICE by defendant Double-D Inc. (JMM) (Entered: 05/06/1998)

PACER
45 May 15, 1998

MOTION for summary judgment by defendant Taco Bell, Inc. (SLL) (Entered: 05/15/1998)

PACER
46 May 15, 1998

MEMORANDUM by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SLL) (Entered: 05/15/1998)

PACER
47 May 15, 1998

STATEMENT of Undisputed Material Facts by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SLL) Modified on 05/15/1998 (Entered: 05/15/1998)

PACER
48 May 15, 1998

AFFIDAVIT of service via Federal Express (SLL) (Entered: 05/15/1998)

PACER
49 May 15, 1998

MOTION for summary judgment by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

PACER
50 May 15, 1998

STATEMENT of Undisputed Material Facts by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

PACER
51 May 15, 1998

MEMORANDUM of Law by defendant Double-D Inc. in support of motion for summary judgment [49-1] (SKM) (Entered: 05/15/1998)

PACER
52 May 15, 1998

CERTIFICATE OF SERVICE by defendant Double-D Inc. (SKM) (Entered: 05/15/1998)

PACER
53 May 18, 1998

ORDER by Mag Judge Mark F. Marshall; telephone hearing set for 5/28/98 2:00 before Mag. Mark F. Marshall (cc:all counsel) (SKM) (Entered: 05/19/1998)

PACER
55 May 29, 1998

AMENDED RULE 16 SCHEDULING ORDER by Lawrence L. Piersol ; Motion hearing and Pretrial conference 7/6/98 at 2:30; Jury trial 8/11/98 at 9:30 (cc:all counsel) (SLL) (Entered: 05/29/1998)

PACER
56 June 1, 1998

ORDER by Mag Judge Mark F. Marshall granting motion for leave to serve more than fifty interrogatories, thirty requests for admission and thirty requests for production of documents [33-1] (cc:all counsel) (DLS) (Entered: 06/03/1998)

PACER
57 June 5, 1998

Memorandum of Law in RESPONSE by defendant Double-D Inc. to motion for summary judgment as to employer's status [45-1] (FE) (Entered: 06/05/1998)

PACER
58 June 5, 1998

MOTION to strike Defendant Taco Bell's Motion for Summary Judgment and Defendant Double-D's Motion for Summary Judgment by plaintiff EEOC (FE) (Entered: 06/05/1998)

PACER
59 June 5, 1998

MOTION for leave to exceed 25 page limit for briefs in opposition to Defendants' Motions for Summary Judgment by plaintiff EEOC (FE) (Entered: 06/05/1998)

PACER
60 June 5, 1998

STATEMENT OF DISPUTED MATERIAL FACTS by plaintiff EEOC in support of [58-1] (FE) (Entered: 06/05/1998)

PACER
61 June 5, 1998

RESPONSE by plaintiff EEOC to Defendant Taco Bell's Statement of Undisputed Material Facts [47-1] (FE) (Entered: 06/05/1998)

PACER
62 June 5, 1998

RESPONSE by plaintiff EEOC to Defendant Double-D's Statement of Undisputed Material Facts [50-1] (FE) (Entered: 06/05/1998)

PACER
63 June 5, 1998

MEMORANDUM/BRIEF by plaintiff EEOC in opposition to Double-D's motion for summary judgment [49-1], and in opposition to Taco Bell's motion for summary judgment [45-1] (FE) (Entered: 06/05/1998)

PACER
64 June 5, 1998

AFFIDAVIT of Nelson G. Alston re in Support of Plaintiff's Brief in Opposition to Defendants' Motion for Summary Judgment [63-1] with attached exhibits (IN EXPANDO) (FE) (Entered: 06/05/1998)

PACER
65 June 5, 1998

ORDER by Lawrence L. Piersol granting motion for leave to exceed 25 page limit for briefs in opposition to Defendants' Motions for Summary Judgment [59-1] (cc:all counsel) (DLS) (Entered: 06/08/1998)

PACER
66 June 8, 1998

MEMORANDUM by defendant Taco Bell, Inc. in partial opposition to motion for summary judgment [49-1] (SLL) (Entered: 06/08/1998)

PACER
67 June 10, 1998

AFFIDAVIT of Service Via Federal Express Mail (SLL) (Entered: 06/10/1998)

PACER
June 10, 1998

SEE VOLUME III (SKM) (Entered: 06/16/1998)

PACER
June 12, 1998

VOLUME III (SKM) (Entered: 06/16/1998)

PACER
68 June 15, 1998

REPLY MEMORANDUM by defendant Taco Bell, Inc. in support of motion for summary judgment [45-1] (SKM) (Entered: 06/16/1998)

PACER
69 June 15, 1998

REPLY Brief by defendant Double-D Inc. re [63-1] (SKM) (Entered: 06/16/1998)

PACER
71 June 15, 1998

AFFIDAVIT of Scott D. Kading in support of defendant Double-D brief in support of motion for summary judgment [51-1] (SKM) (Entered: 06/16/1998)

PACER
72 June 15, 1998

CERTIFICATE OF SERVICE (Mailing) by defendant Double-D Inc. (SKM) (Entered: 06/16/1998)

PACER
73 July 2, 1998

SUPPLEMENTAL Memorandum of Law in Support by defendant Double-D Inc. re motion for summary judgment [49-1] (SLL) (Entered: 07/06/1998)

PACER
74 July 2, 1998

SUPPLEMENTAL Memorandum of Law in Support (Oral Argument Requested) by defendant Taco Bell, Inc. re motion for summary judgment [45-1] (SLL) (Entered: 07/06/1998)

PACER
75 July 2, 1998

CERTIFICATE OF SERVICE by defendant Taco Bell, Inc. (SLL) (Entered: 07/06/1998)

PACER
76 July 2, 1998

CERTIFICATE OF SERVICE by plaintiff EEOC (SLL) (Entered: 07/06/1998)

PACER
77 July 6, 1998

MINUTES RE: motion hearing and pretrial conference before the Hon. Lawrence L. Piersol, District Judge, Sioux Falls, SD (DLS) (Entered: 07/07/1998)

PACER
78 July 7, 1998

ORDER by Lawrence L. Piersol denying motion to strike Defendant Taco Bell's Motion for Summary Judgment and Defendant Double-D's Motion for Summary Judgment [58-1] denying motion for summary judgment [45-1] denying motion for summary judgment [49-1]; Court's Amended Rule 16 Scheduling Order filed 5/29/98 remains in effect (cc:all counsel) (SLL) (Entered: 07/08/1998)

Clearinghouse
79 July 24, 1998

MOTION to sequester all witnesses by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

PACER
80 July 24, 1998

MOTION in limine re previous sexual harassment complaints/allegations filed by current/past employees other than the charging parties , in limine re punitive damages by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

PACER
81 July 24, 1998

MEMORANDUM by defendant Double-D Inc. in support of motion in limine re previous sexual harassment complaints/allegations filed by current/past employees other than the charging parties [80-1], of motion in limine re punitive damages [80-2] (FE) (Entered: 07/24/1998)

PACER
82 July 24, 1998

CERTIFICATE OF SERVICE by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

PACER
83 July 24, 1998

EXHIBIT LIST by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

PACER
84 July 24, 1998

WITNESS LIST submitted by defendant Double-D Inc. (FE) (Entered: 07/24/1998)

PACER
85 July 24, 1998

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
86 July 24, 1998

TRIAL EXHIBIT LIST by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
87 July 24, 1998

TRIAL WITNESS LIST submitted by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
89 July 24, 1998

REQUEST FOR JUDICIAL NOTICE that Cinnabon is whole separate entity from Defendants by plaintiff EEOC for (FE) (Entered: 07/28/1998)

PACER
90 July 24, 1998

MOTION in limine to exclude testimony of Ray Schmidt and other prior employment evidence as untimely, irrelevant, improper character evidence and unfairly prejudicial by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
90 July 24, 1998

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude testimony of Ray Schmidt and other prior employment evidence as untimely, irrelevant, improper character evidence and unfairly prejudicial [90-1] (FE) (Entered: 07/28/1998)

PACER
91 July 24, 1998

MOTION in limine to exclude use of any Cinnabon Corporate Policies by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
91 July 24, 1998

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude use of any Cinnabon Corporate Policies [91-1] (FE) (Entered: 07/28/1998)

PACER
92 July 24, 1998

MOTION in limine to exclude introduction into evidence of State Agency Determination of "No Cause" by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
92 July 24, 1998

MEMORANDUM/BRIEF by plaintiff EEOC in support of motion in limine to exclude introduction into evidence of State Agency Determination of "No Cause" [92-1] (FE) (Entered: 07/28/1998)

PACER
93 July 24, 1998

MOTION in limine to exclude use of inadmissible character evidence by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
93 July 24, 1998

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude use of inadmissible character evidence [93-1] (FE) (Entered: 07/28/1998)

PACER
94 July 24, 1998

MOTION for leave to use Depositions of Lisa Goeman and William Traynor at trial by plaintiff EEOC (FE) (Entered: 07/28/1998)

PACER
94 July 24, 1998

MEMORANDUM OF LAW by plaintiff EEOC in support of motion for leave to use Depositions of Lisa Goeman and William Traynor at trial [94-1] (FE) (Entered: 07/28/1998)

PACER

Case Details

State / Territory:

South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 31, 1997

Closing Date: Sept. 8, 1998

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

Private Entity/Person

Double-D Inc.

Taco Bell, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of South Dakota 4:97-cv-04160

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation