Case: EEOC v. CRACKER BARREL

6:06-cv-00920 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 27, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2006, the Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant Cracker Barrel Old Country Store, Inc. in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a hostile work environment and retaliated against the complainants for complaining of this treatment. …

In September 2006, the Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant Cracker Barrel Old Country Store, Inc. in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a hostile work environment and retaliated against the complainants for complaining of this treatment. Following some discovery, the parties settled the lawsuit in September 2007 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, keep records, allow access for monitoring, create internal compliance managers, provide neutral references for the complainants, post and distribute notice, provide EEO training, implement a complaint resolution procedure, add additional criteria to managerial responsibilities, keep the complainants' identities a secret, require retraining for a terminated employee if they ever reapplied to the position, and pay $270,000 to be distributed among five individuals and their attorneys. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

David Friedman (5/9/2008)

Documents in the Clearinghouse

Document

6:06-cv-00920

Docket (PACER)

EEOC v. Cracker Barrel

Sept. 29, 2007

Sept. 29, 2007

Docket
1

6:06-cv-00920

Complaint and Jury Trial Demand

EEOC v. Cracker Barrel

Sept. 27, 2006

Sept. 27, 2006

Complaint
70

6:06-cv-00920

Consent Decree

EEOC v. Cracker Barrel

Aug. 24, 2007

Aug. 24, 2007

Settlement Agreement
71

6:06-cv-00920

Order Administratively Closing Case

EEOC v. Cracker Barrel

Sept. 29, 2007

Sept. 29, 2007

Order/Opinion

Resources

Docket

Last updated May 30, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Employment w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge W. D. Schneider) (nc) (Entered: 09/28/2006)

Sept. 27, 2006

Sept. 27, 2006

2

ANSWER by deft [1-1]* (jm) (Entered: 12/01/2006)

Nov. 30, 2006

Nov. 30, 2006

3

INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider setting Rule 16 scheduling conference on 1/30/07 @ 1:50 pm in Albuquerque, NM; IPTR and provisional discovery plan due 1/23/07 (cc: all counsel)* (jm) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

4

MOTION by pltf to strike Affirmative Defenses * (jm) (Entered: 12/22/2006)

Dec. 21, 2006

Dec. 21, 2006

5

NOTICE of Appearance by Thomas L Stahl and David E Gevertz on behalf of Cracker Barrel Old Country Store, Inc. (Stahl, Thomas) Modified on 1/12/2007 to add additional attorney (pz). (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

Scheduling Conference set for 1/30/2007 01:50 PM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before United State Magistrate Judge W. Daniel Schneider. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

6

RESPONSE in Opposition to Plaintiff's Motion to Strike Affirmative Defenses 4 filed by Cracker Barrel Old Country Store, Inc. (Stahl, Thomas) Modified on 1/15/2007 to create link (pz). (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

7

Joint Status Report and Provisional Discovery Plan by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

8

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of Initial Disclosures (Stahl, Thomas) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

9

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Initial Disclosures (Molina, Veronica) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

10

ORDER by Judge W. Daniel Schneider Settlement Conference set for 7/5/2007 09:00 AM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

Clerk's Minutes A R16 was held on 1/30/2007 before Judge W. Daniel Schneider :. (mm) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

12

NOTICE of Briefing Complete by Equal Employment Opportunity Commission regarding Motion to Strike Affirmative Defenses 4 (Molina, Veronica) Modified on 2/5/2007 to reference document and include link (pz). (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

13

Scheduling ORDER by Judge W. Daniel Schneider Discovery due by 6/29/2007. Motions due by 7/9/2007. Pretrial Order due by 10/22/2007. (mm) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

14

ORDER by Judge W. Daniel Schneider Settlement Conference reset for 7/31/2007 09:00 AM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

Set/Reset Deadlines: Motions due by 8/16/2007. Pretrial Order due by 11/1/2007. (dmw) Modified on 3/26/2007 (dmw) (Entered: 03/26/2007)

Feb. 20, 2007

Feb. 20, 2007

15

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Request For Production Of Documents to counsel on 2/28/07 (Molina, Veronica) Modified text on 3/5/2007 (pz). (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

16

NOTICE of Hearing: Jury Selection set for 1/28/2008 09:30 AM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. Jury Trial set for 1/28/2008 09:30 AM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. Pretrial Conference set for 1/15/2008 09:30 AM in Santa Fe - Judge Martha Vazquez Chambers 2nd floor before Chief Judge Martha Vazquez. (vf) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

17

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of First Interrogatories and Requests for Production to counsel on 3/2/07 (Stahl, Thomas) Modified text on 3/6/2007 (pz). (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

18

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of First Set of Requests for Admissions to Plaintiff and Class Members to counsel on 3/5/07 (Stahl, Thomas) Modified text on 3/6/2007 (pz). (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

19

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Set of Interrogatories to Defendant on 3/19/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

20

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Second Request for Production of Documents to Defendant on 3/19/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

21

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Supplemental Initial Disclosures to counsel on 3/22/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

22

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Second Supplemental Initial Disclosures to counsel on 3/22/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

24

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's First Amended Initial Disclosures to counsel on 3/28/07 (Gevertz, David) Modified text on 4/4/2007 (pz). (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

25

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Answers and Objections to Defendant's First Interrogatories to counsel on 4/2/2007 (Molina, Veronica) Modified text on 4/6/2007 (pz). (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

26

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Responses and Objections to Defendant's First Request for Production of Documents to counsel on 4/2/07 (Molina, Veronica) Modified text on 4/6/2007 (pz). (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

27

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Fourth Supplemental Initial Disclosures to counsel on 4/2/2007 (Molina, Veronica) Modified text on 4/2/2007 (pz). (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

28

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Objections and Responses to Plaintiff's First Request for Admission to counsel on 4/3/07 (Gevertz, David) Modified text on 4/9/2007 (pz). (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

29

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Supplemental Answers To Defendant's First Interrogatories to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

30

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Supplemental Answers To Defendant's First Interrogatories to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

31

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Responses and Objections to Defendant's First Set of Uniform Requests for Admissions to Plaintiffs and Class Members to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

32

FILED IN ERROR - NOTICE of Appearance by David E Gevertz on behalf of Cracker Barrel Old Country Store, Inc. (Gevertz, David) Modified on 4/9/2007 (pz). (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

33

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Fifth Supplemental Initial Disclosures to counsel on 4/6/07 (Molina, Veronica) Modified text on 4/10/2007 (pz). (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

34

NOTICE of Appearance by Erica V Garey on behalf of Cracker Barrel Old Country Store, Inc. (Garey, Erica) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

35

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Sixth Supplemental Initial Disclosures (Molina, Veronica) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

36

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Sixth Supplemental Initial Disclosures - Amended Certificate (Molina, Veronica) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

37

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's First Interrogatories (Gevertz, David) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

38

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's Second Requests for Production of Documents (Gevertz, David) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

39

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Amended Initial Disclosures (Gevertz, David) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

40

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Third Request For Production Of Documents (Molina, Veronica) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

41

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Notice of Independent Medical Examinations (Gevertz, David) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

42

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Expert Witness Disclosure (Gevertz, David) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

43

Unopposed MOTION for Discovery Unopposed Motion for Leave to Take Additional Depositions by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

44

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Third Amended Initial Disclosures (Gevertz, David) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

45

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Third Supplemental Answers and Objections to Defendant's First Interrogatories (Molina, Veronica) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

46

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Seventh Supplemental Initial Disclosures (Molina, Veronica) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

47

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Supplemental Responses and Objections to Defendant's First Request for Production of Documents (Molina, Veronica) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

48

MOTION To Request A Status Conference Before Magistrate Schneider by Cracker Barrel Old Country Store, Inc.. (Gevertz, David) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

49

MOTION to Compel Independent Medical Examination of Jessica Tuton and Cynthia Barela by Cracker Barrel Old Country Store, Inc.. (Stahl, Thomas) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

51

RESPONSE to Motion re 48 MOTION To Request A Status Conference Before Magistrate Schneider filed by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

52

NOTICE of Briefing Complete by Cracker Barrel Old Country Store, Inc. re 48 MOTION To Request A Status Conference Before Magistrate Schneider filed by Cracker Barrel Old Country Store, Inc. (Gevertz, David) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

53

Opposed MOTION to Strike Defendant's Expert Witness Disclosure and Supporting Memorandum by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 Exhibit)(Molina, Veronica) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

54

ORDER by Judge W. Daniel Schneider denying 48 Motion (mm) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

57

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Notice of Independent Medical Examination for Jennifer Jackson (Gevertz, David) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

59

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's Third Request for Production of Documents (Gevertz, David) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

60

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Continuing Interrogatories (Gevertz, David) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

61

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Continuing Requests for Production of Documents (Gevertz, David) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

62

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Response To Defendant's Motion For Independent Medical Evaluation (Molina, Veronica) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

63

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Request For Admissions (Molina, Veronica) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

64

RESPONSE in Opposition re 53 Opposed MOTION to Strike Defendant's Expert Witness Disclosure and Supporting Memorandum filed by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Gevertz, David) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

65

CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Fourth Amended Initial Disclosures (Gevertz, David) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

67

NOTICE by Equal Employment Opportunity Commission Unavailability (Molina, Veronica) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

68

ORDER by Judge W. Daniel Schneider vacating the July 31, 2007 Settlement Conference (mm) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

69

AMENDED ORDER by Judge W. Daniel Schneider (mm) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

70

CONSENT DECREE Approved and Consented to by the Parties as noted therein by Judge Martha Vazquez (td) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

71

ORDER administratively closing case pursuant to 70 Consent Decree by Judge Martha Vazquez. The Court will retain jurisdiction to enforce the terms of the Consent Decree (td) (Entered: 09/29/2007)

Sept. 29, 2007

Sept. 29, 2007

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: 2010

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

Cracker Barrel Old Country Store, Incorporated (Las Cruces, New Mexico), 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: 270000

Order Duration: 2007 - 2010

Content of Injunction:

Apology

Retaliation Prohibition

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits