Case: EEOC v. LUPIS SPORT BAR & CANTINA

3:04-cv-02031 | U.S. District Court for the District of Puerto Rico

Filed Date: Sept. 30, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The EEOC's Miami district office filed suit against Lupis Enterprises, Inc., the Puerto Rican parent company of the Lupis Mexican Grill & Sports Cantina, on September 30, 2004 in the U.S. District Court for the District of Puerto Rico. The EEOC's complaint alleged that Lupis violated Title VII when it engaged in discrimination based on sex (female) against four employees, providing a hostile work environment, unfair scheduling, and retaliated against one of the employees when she complained by…

The EEOC's Miami district office filed suit against Lupis Enterprises, Inc., the Puerto Rican parent company of the Lupis Mexican Grill & Sports Cantina, on September 30, 2004 in the U.S. District Court for the District of Puerto Rico. The EEOC's complaint alleged that Lupis violated Title VII when it engaged in discrimination based on sex (female) against four employees, providing a hostile work environment, unfair scheduling, and retaliated against one of the employees when she complained by firing her. Lupis filed a motion for summary judgment in September 2006 which was never resolved. The parties entered into a consent judgment on December 21, 2006. The consent judgment enjoined Lupis from future discrimination and required development of a policy against sexual harassment, Title VII compliance training for managerial and supervisory staff and posting of notice of compliance with Title VII. The consent judgment further required Lupis to pay $55,000 in damages to the four aggrieved employees. The decree was to last for two years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Aaron Weismann (6/1/2007)

Documents in the Clearinghouse

Document

3:04-cv-02031

Docket (PACER)

United States Equal Employment Opportunity Commission v. Lupis Enterprises Inc.

Dec. 21, 2006

Dec. 21, 2006

Docket
1-1

3:04-cv-02031

Complaint

United States Equal Employment Opportunity Commission v. Lupis Enterprises Inc. d/b/a Lupis Mexican Grill & Sports Cantina

Sept. 30, 2004

Sept. 30, 2004

Complaint
25

3:04-cv-02031

Order [for contested motions for discovery]

United States Equal Employment Opportunity Commission v. Lupis Enterprises Inc. d/b/a Lupis Mexican Grill & Sports Cantina

Aug. 1, 2006

Aug. 1, 2006

Order/Opinion
38-1

3:04-cv-02031

Consent Decree

United States Equal Employment Opportunity Commission v. Lupis Enterprises Inc. d/b/a Lupis Mexican Grill & Sports Cantina

Dec. 21, 2006

Dec. 21, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5389944/united-states-equal-employment-opportunity-commission-v-lupis-enterprises/

Last updated Aug. 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT fee waived / federal government agency against Lupis Enterprises Inc. (Filing fee $ 150.), filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 USDC Category Sheet# 3 USDC Current Address Notice) (Gomez-Fernandez, Maritza) (Entered: 10/19/2004)

Sept. 30, 2004

Sept. 30, 2004

2

Summons Issued as to Lupis Enterprises Inc. Service due by 1/29/2005. (il, DQA) Modified on 10/22/2004 (il, DQA). s/c M. Farrell (Entered: 10/22/2004)

Oct. 1, 2004

Oct. 1, 2004

3

MOTION for Extension of Time until February 23, 2005 to File Answer to Complaint re: 1 Complaint, filed by United States Equal Employment Opportunity Commission, filed byEnrique J. Mendoza-Mendez on behalf of Lupis Enterprises Inc. Suggestions in opposition/response due by 2/2/2005 (Related document(s)1) (Mendoza-Mendez, Enrique) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

4

ENDORSED ORDER granting 3 Motion for Extension of Time to Answer. Answer to Complaint due by 2/23/2005. Signed by Judge Raymond L. Acosta on 1/21/05. (ans, ) Modified on 1/24/2005 s/c to Farrell (su, ). (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

5

ANSWER to Complaint filed by Enrique J. Mendoza-Mendez on behalf of Defendant Lupis Enterprises Inc..(Mendoza-Mendez, Enrique) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

6

ORDER - JOINT ISC Memorandum Filing due by 3/21/2005. Initial Scheduling Conference set for 3/29/2005 03:30 PM in RLA's Chambers before Judge Raymond L. Acosta, etc as stated herein. Signed by Judge Raymond L. Acosta on 2/24/05. (su, ) Modified on 2/24/2005 s/c Farrell (su, ). (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

7

NOTICE of Substitution of Counsel by United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

8

ENDORSED ORDER NOTED 7 Notice of Substitution of Counsel, filed by United States Equal Employment Opportunity Commission. Attorney Carla J. Von Greiff for United States Equal Employment Opportunity Commission added. Attorney Maritza I. Gomez-Fernandez terminated. Signed by Judge Raymond L. Acosta on 3/11/05. (ans, ) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

9

JOINT INITIAL SCHEDULING CONFERENCE MEMORANDUM by All Parties. (Von Greiff, Carla) Modified filer & text on 3/30/2005 (su, ). (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

10

MINUTES - ISC held on 3/29/05. APPROVING 9 Joint ISC Memorandum. Joint Status Report due by 12/8/2005. Status/Settlement Conference SET for 12/15/2005 02:00 PM in RLA's Chambers before Judge Raymond L. Acosta, etc as stated herein. Signed by Judge Raymond L. Acosta on 3/30/05. (su, ) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

11

NOTICE of Unavailability of Counsel from May 27, 2005 through June 13, 2005 by United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

12

ENDORSED ORDER NOTED 11 Notice of Unavailability of Counsel, filed by United States Equal Employment Opportunity Commission. Signed by Judge Raymond L. Acosta on 4/19/05. (ans, ) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

13

NOTICE of Withdrawal of Counsel of Record Michael Farrell by United States Equal Employment Opportunity Commission (Von Greiff, Carla) Modified to add name of counselon 6/13/2006 (su, ). (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

14

ENDORSED ORDER NOTED 13 Notice of Withdrawal as Counsel of Record, filed by United States Equal Employment Opportunity Commission. Attorney Michael Farrell terminated. Signed by Judge Raymond L. Acosta on 8/19/05. (ans, ) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

15

STATUS REPORT by Lupis Enterprises Inc.. (Mendoza-Mendez, Enrique) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

16

ORDER Rescheduling Status/Settlement Conference. NOTED 15 Joint Status Report. STATUS/SETTLEMENT Conference is reset for 2/27/2006 at 2:30 PM in RLA's Chambers before Judge Raymond L. Acosta.Joint Status Report is due by 2/21/2006 , as stated herein. Signed by Judge Raymond L. Acosta on 12/12/05. (ans) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

17

STATUS REPORT Joint by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

18

Second ORDER Rescheduling Status/Settlement Conference, NOTED 17 Status Report. Status/Settlement Conference is reset for 4/20/2006 at 2:00 PM in RLA's Chambers before Judge Raymond L. Acosta.JOINT Status Report is due by 4/12/2006 , etc., as stated herein. Signed by Judge Raymond L. Acosta on 2/22/06. (ans) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

20

ORDER denying without prejudice at this time 19 MOTION for enlargement of time. Signed by Judge Raymond L. Acosta on 3/8/06. (ans) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

21

JOINT STATUS REPORT Joint by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) Modified to add text on 8/15/2006 (su, ). (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

22

Minute Entry of Status/Settlement Conference held on 4/20/2006. Discovery deadlines were set. Jury Trial was set for 12/5/2006 at 9:30 AM in RLA's Courtroom. Pretrial/Settlement Conference was set for 11/30/2006 at 2:00 PM in RLA's Chambers. The JOINT Proposed Pretrial Order is due by 11/17/2006. Trial Brief is due by 12/1/2006 , etc., as stated herein. Signed by Judge Raymond L. Acosta on 4/26/06. (ans) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

23

MOTION to Compel Financial Worth Discovery filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 6/13/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Von Greiff, Carla) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

24

RESPONSE to Motion to Compel filed by all defendants Re: 23 MOTION to Compel Financial Worth Discovery filed by United States Equal Employment Opportunity Commission, (Mendoza-Mendez, Enrique) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

25

ORDER granting 23 Motion to Compel. Answers due by 8/21/06. Signed by Judge Raymond L. Acosta on 8/1/06. (ans) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

26

MOTION for extension of time until 9/27/06 to file dispositive motion filed byEnrique J. Mendoza-Mendez on behalf of Lupis Enterprises Inc. Suggestions in opposition/response due by 9/14/2006 (Mendoza-Mendez, Enrique) Modified to add text on 9/26/2006 (su, ). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

27

MOTION for extension of time until October 27, 2006 to Respond to Defendant's Motion For Summary Judgment And To Extend Case Management Deadlines filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 9/25/2006 (Von Greiff, Carla) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

28

ORDER GRANTING 26 MOTION for extension of time, GRANTING 27 MOTION for extension of time to Respond to Defendant's Motion For Summary Judgment and to Extend Case Management Deadlines. Proposed Joint Pretrial Order is due by 1/19/2007. Trial Brief is due by 2/9/2007. Jury Trial is reset for 2/13/2007 at 9:30 AM. Pretrial/Settlement Conference is reset for 1/26/2007 at 3:00 PM , etc. as stated herein. Signed by Judge Raymond L. Acosta on 9/20/06. (ans) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

29

MOTION for Summary Judgment filed byEnrique J. Mendoza-Mendez on behalf of all defendants Suggestions in Opposition to Summary Judgment due by 10/10/2006. (Attachments: # 1 Exhibit Defendant's Statement of Facts# 2 Exhibit 1 Re Defendant's Statement of Facts (Harrassment Policy Janessa Hammerle)# 3 Exhibit 2 Re Defendant's Statement of Facts (Harrassment Policy Yadira Rivera)# 4 Exhibit 3 Re Defendant's Statemento of Facts (Harrassment Policy Lissette Betancourt)i# 5 Exhibit 4 Re Defendant's Statement of Facs (Harrassment Policy Tania I. Cruz)# 6 Exhibit 5 Re Defendant's Statement of Facts (Letter 26-09-03)# 7 Exhibit 6 Re Defendant's Statement of Facts (Letter from Mr. Jose. O. Ortiz to Eduardo Figueroa 03-10-03)# 8 Exhibit 7 Re Defendant's Statement of Facts (Harrassment Policy Jose O. Ortiz)# 9 Exhibit 8 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 03-18-03)# 10 Exhibit 9 Re Defendant's Statement of Facts (Lissette Betancourt 04-03-03)# 11 Exhibit 10 Re Defendant's Statement of Facts (Lissette Betancourt 04-18- 03)-# 12 Exhibit 11 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 07-15-03)# 13 Exhibit 13 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 07-26- 03)# 14 Exhibit 12 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 07-26-03)# 15 Exhibit 14 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 09-14- 03)# 16 Exhibit 15 Re Defendant's Statement of Facts (Disciplinary Advertence Lissette Betancourt 10-10-03)# 17 Exhibit 16 Re Defendant's Statement of Facts )Policy for Dismissal))(Mendoza-Mendez, Enrique) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

30

MOTION for Extension of Time to File Translations filed byEnrique J. Mendoza-Mendez on behalf of all defendants Suggestions in opposition/response due by 10/10/2006 (Mendoza-Mendez, Enrique) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

31

ENDORSED ORDER GRANTING 30 Motion for Extension of Time to File Translations. Translations due by 10/31/06. Signed by Judge Raymond L. Acosta on 9/29/06. (ans) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

32

Consent MOTION for Extension of Time until November 30, 2006 to file File Plaintiff's Response to Defendant's Motion For Sumary Judgment Due to Conditional Settlement filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/24/2006 (Von Greiff, Carla) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

33

ORDER GRANTING 32 Consent MOTION for Extension of Time. Status Report due by 11/20/2006. Response to Motion due by 11/30/2006. Signed by Judge Raymond L. Acosta on 10/19/06. (ans) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

35

STATUS REPORT Joint by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

36

Joint MOTION For Approval of Consent Decree filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

37

ENDORSED ORDER NOTED 34 Motion submitting translations. Signed by Judge Raymond L. Acosta on 12/5/06. (ans) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

38

CONSENT JUDGMENT in the amount of $55,000.00 . Signed by Judge Raymond L. Acosta on 12/20/06. (Attachments: # 1 Exhibit A-Lupis Anti-Discrimination Policy# 2 Exhibit B- Notice to all employees Posted pursunt to Consent Decree between the parties# 3 Exhibit C - Monetary Distribution)(su, )

2 Exhibit A-Lupis Anti-Discrimination Policy

View on PACER

3 Exhibit B- Notice to all employees Posted pursunt to Consent Decree between the

View on PACER

4 Exhibit C - Monetary Distribution

View on PACER

Dec. 21, 2006

Dec. 21, 2006

RECAP

Case Details

State / Territory: Puerto Rico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: 2008

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

Lupis Enterprises, Inc. (Isla Verde; San Juan), 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: 55000

Order Duration: 2006 - 2008

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits