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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/34511303/parties/eeoc-v-cracker-barrel/


Judge(s)

Vazquez, Martha Alicia (New Mexico)

Documents in the Clearinghouse

Documents in this case

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

See docket on RECAP: https://www.courtlistener.com/docket/34511303/eeoc-v-cracker-barrel/

Last updated June 1, 2026, 6:50 p.m.

Docket for: EEOC v. Cracker Barrel
ECF Number Date Description Link
1 Sept. 27, 2006

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

RECAP
2 Nov. 30, 2006

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

RECAP
3 Dec. 8, 2006

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)

RECAP
4 Dec. 21, 2006

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

RECAP
5 Jan. 5, 2007

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)

RECAP
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)

PACER
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)

6 Jan. 12, 2007

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)

RECAP
7 Jan. 23, 2007

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

RECAP
8 Jan. 26, 2007

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

RECAP
9 Jan. 26, 2007

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

RECAP
10 Jan. 31, 2007

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)

RECAP
11 Jan. 31, 2007

REPLY to Response to Motion to Strike filed by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 01/31/2007)

RECAP
12 Feb. 2, 2007

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)

RECAP
Feb. 2, 2007

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

PACER
Feb. 2, 2007

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

13 Feb. 20, 2007

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)

RECAP
14 Feb. 20, 2007

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)

RECAP
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)

PACER
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)

15 March 1, 2007

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)

RECAP
16 March 1, 2007

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)

RECAP
17 March 2, 2007

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)

RECAP
18 March 5, 2007

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)

RECAP
19 March 22, 2007

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)

RECAP
20 March 22, 2007

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)

RECAP
21 March 22, 2007

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)

RECAP
22 March 22, 2007

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)

RECAP
23 March 23, 2007

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Third Supplemental Initial Disclosures to counsel on 3/23/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/23/2007)

RECAP
24 March 28, 2007

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)

RECAP
25 April 2, 2007

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)

RECAP
26 April 2, 2007

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)

RECAP
27 April 2, 2007

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)

RECAP
28 April 3, 2007

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)

RECAP
29 April 4, 2007

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)

RECAP
30 April 5, 2007

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)

RECAP
31 April 5, 2007

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)

RECAP
32 April 5, 2007

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)

RECAP
33 April 6, 2007

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)

RECAP
34 April 16, 2007

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

RECAP
35 April 20, 2007

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

RECAP
36 April 20, 2007

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

RECAP
37 April 23, 2007

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)

RECAP
38 April 23, 2007

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)

RECAP
39 April 25, 2007

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

RECAP
40 April 27, 2007

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

RECAP
41 May 2, 2007

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

RECAP
42 May 2, 2007

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

RECAP
43 May 4, 2007

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

RECAP
44 May 10, 2007

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

RECAP
45 May 10, 2007

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)

RECAP
46 May 10, 2007

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

RECAP
47 May 10, 2007

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)

RECAP
48 May 11, 2007

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

RECAP
49 May 11, 2007

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)

RECAP
51 May 11, 2007

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)

RECAP
52 May 14, 2007

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)

RECAP
53 May 18, 2007

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)

RECAP
54 May 22, 2007

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

RECAP
57 May 24, 2007

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

RECAP
59 May 29, 2007

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)

RECAP
60 May 30, 2007

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

RECAP
61 May 30, 2007

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

RECAP
62 May 30, 2007

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

RECAP
63 May 31, 2007

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

RECAP
64 June 1, 2007

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)

RECAP
65 June 7, 2007

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

RECAP
67 June 27, 2007

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

RECAP
68 July 25, 2007

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

RECAP
69 July 26, 2007

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

RECAP
70 Aug. 24, 2007

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

RECAP
71 Sept. 29, 2007

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)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (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

Private Entity/Person

Cracker Barrel Old Country Store, Incorporated

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 6:06-cv-00920

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Apology

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 270000

Order Duration: 2007 - 2010

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation