Case: EEOC v. Burrito Shoppe LLC, dba Squeezers Giant Burgers

1:05-cv-00329 | U.S. District Court for the District of Idaho

Filed Date: Aug. 19, 2005

Clearinghouse coding complete

Case Summary

In August 2005, the Seattle Field Office of the EEOC brought this suit against The Burrito Shoppe LLC and Allied Foodservice, Inc. (both doing business as Squeezers Giant Burgers) in the U.S. District Court for the Southern District of Idaho. The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The complainant was alleged to have been sexually harassed and constructively discharged because she was female. The Idaho Human Rights Commission intervene…

In August 2005, the Seattle Field Office of the EEOC brought this suit against The Burrito Shoppe LLC and Allied Foodservice, Inc. (both doing business as Squeezers Giant Burgers) in the U.S. District Court for the Southern District of Idaho. The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The complainant was alleged to have been sexually harassed and constructively discharged because she was female. The Idaho Human Rights Commission intervened in the suit on behalf of the complainant. The employer made motions for judgment on the pleadings, to dismiss for failure to state a claim, and for summary judgment. The court denied all of these motions.

After a series of motions to postpone the trial, the parties reached settlement. In August 2008, Judge Larry Boyle signed a consent decree. Squeezers agreed to pay the complainant $40,000 ($10,000 the following month, then $1250 per month for the next 23 months), to adopt and post a written equal opportunity policy, and to retain an independent consultant to review and audit the workplace. It agreed to expunge from its records material related to this claim, and committed to annual reporting. The decree was to be in effect for four years.

On October 15, 2008, the Idaho Human Rights Commission submitted an application for a writ of execution because the defendants failed to make payments required by the consent decree. The defendants moved to stay the writ of execution, but Judge Boyle denied their motion and issued the writ on November 25, 2008.

In January 2009, the Idaho Human Rights Commission served interrogatories and requests for production of documents, with which the defendants failed to comply. The Commission filed a motion to compel these responses on March 3, 2009, which Judge Boyle granted on April 27, 2009. Judge Boyle required the defendants to submit the responses by May 19 or appear in court the next day. The parties appeared in court, and in early June filed a stipulated May 2009 Consent Order in an effort to resolve the disputes. The order provided for an initial payment of $5,000, then subsequent monthly payments of $1,500 until the balance was paid. The defendants’ president agreed to sell his 1978 Corvette in order to obtain funds for the necessary payments. The defendants also agreed to pay reasonable costs and attorneys’ fees related to enforcing the consent order. Judge Boyle approved the order on July 15, 2009.

On March 15, 2012, Judge Boyle granted another writ of execution for the defendants’ nonexempt property in order to satisfy the outstanding debt of $12,899.90. No additional information has been entered on the docket since the March 2012 writ of execution.

Summary Authors

Kevin Wilemon (5/27/2008)

Alexandra Gilewicz (3/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4247290/parties/equal-employment-opportunity-commission-v-burrito-shoppe-llc-the/


Judge(s)

Boyle, Larry M. (Idaho)

Attorneys(s) for Plaintiff

Flores, Carmen (Washington)

Olson, Kathryn Blaire (Washington)

Stanley, John F. (Washington)

Attorneys(s) for Defendant

Bengoechea, Shane O (Idaho)

Clark, D Blair (Idaho)

Other Attorney(s)

Active

Active

Active

Judge(s)

Boyle, Larry M. (Idaho)

Attorneys(s) for Plaintiff

Flores, Carmen (Washington)

Olson, Kathryn Blaire (Washington)

Stanley, John F. (Washington)

Attorneys(s) for Defendant

Bengoechea, Shane O (Idaho)

Clark, D Blair (Idaho)

Other Attorney(s)

Adelson, Robert Michael (Idaho)

Bowen, Jo-Ann Leigh (Idaho)

Olsen, Steven Lamar (Idaho)

Documents in the Clearinghouse

Document

1:05-cv-00329

Docket [PACER]

EEOC v. Burrito Shoppe LLC, The

March 15, 2012

March 15, 2012

Docket
1

1:05-cv-00329

Complaint

EEOC v. The Burrito Shoppe LLC d/b/a Squeezers Giant Burgers

Aug. 19, 2005

Aug. 19, 2005

Complaint
29

1:05-cv-00329

Complaint of Plaintiff by Intervention

EEOC v. The Burrito Shoppe d/b/a Squeezers Giant Burgers

Aug. 24, 2005

Aug. 24, 2005

Complaint
57

1:05-cv-00329

Order

EEOC & Idaho Human Rights Commission v. The Burrito Shoppe d/b/a Squeezers Giant Burgers

Aug. 8, 2006

Aug. 8, 2006

Order/Opinion
59

1:05-cv-00329

Amended Complaint of Plaintiff by Intervention

EEOC & Idaho Human Rights Commission v. The Burrito Shoppe d/b/a Squeezers Giant Burgers & Allied Foodservice Inc. d/b/a Squeezers

Sept. 11, 2006

Sept. 11, 2006

Complaint
60

1:05-cv-00329

Amended Complaint

EEOC & Idaho Human Rights Commission v. The Burrito Shoppe d/b/a Squeezers Giant Burgers & Allied Foodservice Inc. d/b/a Squeezers

Sept. 12, 2006

Sept. 12, 2006

Complaint
87

1:05-cv-00329

Order

EEOC & Idaho Human Rights Commission v. The Burrito Shoppe d/b/a Squeezers Giant Burgers & Allied Foodservice Inc. d/b/a Squeezers

May 17, 2007

May 17, 2007

Order/Opinion
88

1:05-cv-00329

Protective Order

EEOC & Idaho Human Rights Commission v. The Burrito Shoppe d/b/a Squeezers Giant Burgers & Allied Foodservice Inc. d/b/a Squeezers

May 22, 2007

May 22, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4247290/equal-employment-opportunity-commission-v-burrito-shoppe-llc-the/

Last updated Aug. 5, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Burrito Shoppe LLC, The Summons Issued, Jury trial demand, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Sheet)(ja, ) (Entered: 08/22/2005)

1 Cover Sheet

View on PACER

Aug. 19, 2005

Aug. 19, 2005

RECAP
2

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Aug. 22, 2005

Aug. 22, 2005

PACER
3

MOTION to Intervene by Idaho Human Rights Commission. Responses due by 9/19/2005 (Attachments: # 1 pleading setting forth claim for which intervention is sought# 2 Memorandum in Support)(Bowen, Jo-Ann)

1 pleading setting forth claim for which intervention is sought

View on PACER

2 Memorandum in Support

View on PACER

Aug. 24, 2005

Aug. 24, 2005

PACER
29

Intervenor COMPLAINT, filed by Idaho Human Rights Commission.(ja) (Entered: 02/01/2006)

Aug. 24, 2005

Aug. 24, 2005

PACER
4

ORDER re: scheduling conference. The parties shall confer and discuss the items contained in the Litigation Plan within 60 days of the date of this Order . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Aug. 25, 2005

Aug. 25, 2005

PACER
5

MOTION TO STRIKE 12(f) AND MOTION for Judgment on the Pleadings 12(b)(2), (4) and (5) by The Burrito Shoppe LLC. Responses due by 10/14/2005 (Christian, Ronald) Modified on 9/21/2005 to edit text (ja, ).

Sept. 20, 2005

Sept. 20, 2005

PACER
6

First MOTION for Judgment on the Pleadings Memorandum in Support by Burrito Shoppe LLC, The. Responses due by 10/14/2005 (Christian, Ronald)

Sept. 20, 2005

Sept. 20, 2005

PACER

CORRECTIVE ENTRY - The entry docket number 6 First MOTION for Judgment on the Pleadings Memorandum in Support filed by The Burrito Shoppe LLC, was filed using the incorrect docket event. It is a Memorandum in support and not a motion. The filing party shall re-submit their correct filing using "Memorandum in support" located under Responses and Replies. (ja, )

Sept. 21, 2005

Sept. 21, 2005

PACER
7

MEMORANDUM in Support re 5 First MOTION for Judgment on the Pleadings and to Strike filed by Burrito Shoppe LLC, The. (Christian, Ronald)

Sept. 21, 2005

Sept. 21, 2005

PACER
8

MOTION to strike 12(f) and Motion for Judgment on the Pleadings 12(b)(2),(4) and (5) by Burrito Shoppe LLC, The. Responses due by 10/31/2005 (Attachments: # 1 Memorandum in Support # 2 Affidavit of Shane O. Bengoechea)(ja, )

1 Memorandum in Support

View on PACER

2 Affidavit of Shane O. Bengoechea

View on PACER

Oct. 7, 2005

Oct. 7, 2005

PACER
9

MEMORANDUM in Opposition re 5 First MOTION for Judgment on the Pleadings filed by Idaho Human Rights Commission. (Bowen, Jo-Ann)

Oct. 11, 2005

Oct. 11, 2005

PACER
10

AFFIDAVIT OF SERVICE- as to Burrito Shoppe LLC. Corporate service served on def 9/21/2005, answer due 10/11/2005. (ja, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
11

DECLARATION OF Attempted Service of Summons in a civil Action; Complaint- Summons Returned Unexecuted as to Burrito Shoppe LLC. (ja, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
12

CONSENT filed. (ja, ) (Entered: 10/14/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER
13

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Idaho Human Rights Commission, The Burrito Shoppe LLC (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Oct. 18, 2005

Oct. 18, 2005

PACER
14

RESPONSIVE MEMORANDUM to Idaho Human Rights Commission's Memorandum in opposition to def's Motion to Strike and Motion for Judgment on the Pleadings 12(b)(2), (4) and (5) re 5 (Attachments: # 1 Affidavit of Shane O. Bengoechea)(ja, ) (Entered: 10/24/2005)

1 Affidavit of Shane O. Bengoechea

View on PACER

Oct. 21, 2005

Oct. 21, 2005

PACER
15

MEMORANDUM in Opposition re 5 First MOTION for Judgment on the Pleadings (second memorandum) filed by Idaho Human Rights Commission. (Attachments: # 1 Affidavit of Leslie R. Goddard# 2 Exhibit attachment to the Affidavit of Leslie R. Goddard (sealed due to personal identifiers) # 3 Exhibit attachment to the Affidavit of Leslie R. Goddard)(Bowen, Jo-Ann) Modified on 10/31/2005 to seal exhibit attachment (ja, ).

1 Affidavit of Leslie R. Goddard

View on PACER

3 Exhibit attachment to the Affidavit of Leslie R. Goddard

View on PACER

Oct. 26, 2005

Oct. 26, 2005

PACER
16

NOTICE TO WITHDRAW Motion to Strike 12(f) and Motion for judgment on the pleadings 12(b)(2), (4) and (5) re: 8 filed by defendant (ja, ) (Entered: 10/27/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
17

CONSENT filed. (ja, ) (Entered: 10/28/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER

CORRECTIVE ENTRY - The entry docket number 15 Memorandum in Opposition to Motion, filed by Idaho Human Rights Commission, was filed with personal identifiers in one of the exhibits, which has been sealed. In the future please seal or redact any document with personal identifiers such as social security numbers or dates of birth. (ja, )

Oct. 31, 2005

Oct. 31, 2005

PACER
18

NOTICE of Appearance by Carmen Flores on behalf of Equal Employment Opportunity Commission (Flores, Carmen)

Nov. 3, 2005

Nov. 3, 2005

PACER
19

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Flores, Carmen)

Nov. 3, 2005

Nov. 3, 2005

PACER
20

ANSWER to Complaint by The Burrito Shoppe LLC.(ja, )

Nov. 7, 2005

Nov. 7, 2005

PACER
21

NOTICE of unavailable dates by Equal Employment Opportunity Commission (dkh, ) (Entered: 11/10/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
22

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Idaho Human Rights Commission, Equal Employment Opportunity Commission, Burrito Shoppe LLC, The re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Dec. 15, 2005

Dec. 15, 2005

PACER
23

CONSENT filed. (dkh, ) (Entered: 12/22/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
24

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE. (ja) (Entered: 01/04/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
25

DOCKET TEXT NOTICE of Hearing (no attachment): A Telephone Scheduling Conference is set for 2/2/2006 10:45 AM (Mountain Time) in Boise, ID before Honorable Larry M. Boyle. Ms. Flores shall initiate the Conference Call with all parties on the line to Judge Boyle's Chambers at(208)334-1495.Note: Parties shall review Doc.19 (stipulated Litigation Plan to determine if dates need adjusted; as it was filed in November). Should the parties file a more up-dated Lit Plan, they shall use the form provided in Doc. 4 and this shall be filed by 1/26/06. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, )

Jan. 6, 2006

Jan. 6, 2006

PACER
26

NOTICE of Hearing on Motions 5 First MOTION for Judgment on the Pleadings, 3 MOTION to Intervene: Motion Hearing set for 2/14/2006 01:30 PM (Mtn. Time) in Boise, ID before Honorable Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, )

Jan. 9, 2006

Jan. 9, 2006

PACER
27

STIPULATION Regarding Pending Motions (docket numbers 3 and 5) by Idaho Human Rights Commission. (Bowen, Jo-Ann)

Feb. 1, 2006

Feb. 1, 2006

PACER
28

ORDER granting 3 Motion to Intervene, denying 5 Motion to Strike and Motion for Judgment on the Pleadings . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Feb. 1, 2006

Feb. 1, 2006

PACER
30

ERRATA by Intervenor Plaintiff Idaho Human Rights Commission Signed Complaint filed to replace unsigned attachment to Motion to Intervene. (Bowen, Jo-Ann)

Feb. 2, 2006

Feb. 2, 2006

PACER
31

DOCKET TEXT ENTRY NOTICE of Hearing: This Hearing shall be a Telephone Scheduling Conference set for 2/14/2006 01:30 PM ( Mountain Time) in Boise, ID before Honorable Larry M. Boyle. Ms. Flores shall initiate the Conference Call with all parties on the line to Judge Boyle's Chambers at (208) 334-1495. Parties shall review the previously entered Litigation Plan (Doc. 19) and may amend should those proposed dates be out-dated. Counsel shall submit a new one no later than Feburary 10, 2006, if necessary and use the correct Form- Refer to Doc. 4.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, )

Feb. 6, 2006

Feb. 6, 2006

PACER
32

STIPULATION Litigation Plan by Equal Employment Opportunity Commission. (Flores, Carmen)

Feb. 10, 2006

Feb. 10, 2006

PACER
33

Minute Entry for proceedings held before Judge Larry M. Boyle : Scheduling Conference held on 2/14/2006. Order forthcoming. (Court Reporter P. Fulwyler.) (al, ) (Entered: 02/15/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
34

CASE MANAGEMENT ORDER REFERRING to Magistrate Judge Mikel H. Williams for Settlement Amended Pleadings due by 5/13/2006. Discovery due by 6/30/2006. Motions due by 8/30/2006.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 02/16/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
35

Defendant's ANSWER to Intervenor Complaint of Plaintiff by Burrito Shoppe LLC, The. (Attachments: # 1)(Bengoechea, Shane)

March 1, 2006

March 1, 2006

PACER
36

WAIVER OF SERVICE Returned Executed by Idaho Human Rights Commission. Burrito Shoppe LLC, The waiver sent on 2/2/2006, answer due 4/3/2006. (jg, )

March 16, 2006

March 16, 2006

PACER
37

First MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by Burrito Shoppe LLC, The. Responses due by 4/27/2006 (Bengoechea, Shane)

April 3, 2006

April 3, 2006

PACER
38

First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents by Burrito Shoppe LLC, The. Responses due by 4/27/2006 (Bengoechea, Shane)

April 3, 2006

April 3, 2006

PACER
39

MEMORANDUM/BRIEF filed by Burrito Shoppe LLC, The Memorandum In Support To Defendant's Motion To Dismiss Or In The Alternative Motion For Summary Judgment. (Bengoechea, Shane)

April 3, 2006

April 3, 2006

PACER
40

AFFIDAVIT filed by Burrito Shoppe LLC, The Affidavit of David W. Hammons. (Bengoechea, Shane)

April 3, 2006

April 3, 2006

PACER
41

MEMORANDUM in Opposition re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents filed by Idaho Human Rights Commission, Equal Employment Opportunity Commission. Replies due by 5/11/2006. (Attachments: # 1 Affidavit # 2 CERTIFICATE OF SERVICE)(Flores, Carmen)

1 Affidavit

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2 CERTIFICATE OF SERVICE

View on PACER

April 27, 2006

April 27, 2006

PACER
42

MEMORANDUM in Opposition re 37 First MOTION to Dismiss Or In The Alternative Motion For Summary Judgment filed by Idaho Human Rights Commission, Equal Employment Opportunity Commission. Replies due by 5/11/2006. (Attachments: # 1 Affidavit # 2 CERTIFICATE OF SERVICE)(Flores, Carmen)

1 Affidavit

View on PACER

2 CERTIFICATE OF SERVICE

View on PACER

April 27, 2006

April 27, 2006

PACER
43

First MOTION to Amend/Correct COMPLAINTS AND JOIN SECOND DEFENDANT by Idaho Human Rights Commission, Equal Employment Opportunity Commission. Responses due by 5/22/2006 (Attachments: # 1 Memorandum in Support # 2 EEOC'S AMENDED COMPLAINT# 3 IDAHO HUMAN RIGHTS' AMENDED COMPLAINT# 4 CERTIFICATE OF SERVICE)(Flores, Carmen)

1 Memorandum in Support

View on PACER

2 EEOC'S AMENDED COMPLAINT

View on PACER

3 IDAHO HUMAN RIGHTS' AMENDED COMPLAINT

View on PACER

4 CERTIFICATE OF SERVICE

View on PACER

April 27, 2006

April 27, 2006

PACER
44

DOCKET ENTRY NOTICE VACATING SETTLEMENT CONFERENCE: Take notice the settlement conference is hereby vacated. Counsel to contact the court for a new conference date following the decision on the motion to amend (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, ) Modified on 5/5/2006 to add docket text (al, ).

May 5, 2006

May 5, 2006

PACER
45

AFFIDAVIT in Support re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Affidavit of Shane O. Bengoechea In Support Of Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 11, 2006

May 11, 2006

PACER
46

AFFIDAVIT in Support by James Dorsey re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Affidavit of James Dorsey In Support Of Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 11, 2006

May 11, 2006

PACER
47

REPLY to Response to Motion re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 11, 2006

May 11, 2006

PACER
48

REPLY to Response to Motion re 37 First MOTION to Dismiss Or In The Alternative Motion For Summary Judgment, 43 First MOTION to Amend/Correct COMPLAINTS AND JOIN SECOND DEFENDANT Defendant's Response To Plaintiffs' Opposition To Defendant's Motion To Dismiss, F.R.C.P, Rule 12(b)(6) Or In The Alternative Motion For Summary Judgment, F.R.C.P. Rule 56 And Objection To Plaintiffs' Motion For F.R.C.P. 56(f) Continuance filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 11, 2006

May 11, 2006

PACER
49

AFFIDAVIT of James Dorsey re 41 Memorandum in Opposition to Motion, filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 11, 2006

May 11, 2006

PACER

CORRECTIVE ENTRY - The entry docket number 49 Affidavit filed by The Burrito Shoppe LLC is a duplicate entry. Please disregard it. (ja)

May 12, 2006

May 12, 2006

PACER

CORRECTIVE ENTRY - The entry docket numbers 45 Affidavit in Support of Motion, 47 Reply to Response to Motion, 46 Affidavit in Support of Motion filed by The Burrito Shoppe LLC were filed with the incorrect PDF image attached. The filing party shall re-submit their filings with the correct PDF images. (ja)

May 12, 2006

May 12, 2006

PACER
50

AFFIDAVIT in Opposition re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Affidavit of James Dorsey In Support Of Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. Replies due by 5/26/2006. (Bengoechea, Shane) Modified on 5/15/2006 to edit(ja, ).

May 12, 2006

May 12, 2006

PACER
51

AFFIDAVIT in Opposition by Shane O. Bengoechea re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Affidavit of Shane O. Bengoechea In Support Of Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. Replies due by 5/26/2006. (Bengoechea, Shane)

May 12, 2006

May 12, 2006

PACER
52

RESPONSE to Motion re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Response To Plaintiff's Memorandum In Opposition To Defendant's Motion For Enlargement Of Time filed by Burrito Shoppe LLC, The. Replies due by 5/26/2006. (Bengoechea, Shane)

May 12, 2006

May 12, 2006

PACER
53

REPLY to Response to Motion re 38 First MOTION for Extension of Time to File Answer to Plaintiff's First Set of Interrogatories and Requests of Documents Response To Plaintiff's Memorandum In Opposition filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 12, 2006

May 12, 2006

PACER

CORRECTIVE ENTRY - The entry docket number 52 Response to Motion filed by The Burrito Shoppe LLC was filed in error. Please disregard it. (ja)

May 15, 2006

May 15, 2006

PACER
54

REPLY to Response to Motion re 43 First MOTION to Amend/Correct COMPLAINTS AND JOIN SECOND DEFENDANT Defendant's Objection To Plaintiffs Motion To Amend Complaints And Join Second Defendant filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 17, 2006

May 17, 2006

PACER
55

RESPONSE to Motion re 43 First MOTION to Amend/Correct COMPLAINTS AND JOIN SECOND DEFENDANT Defendant's Objection To Plaintiffs Motion To Amend Complaints And Join Second Defendant filed by Burrito Shoppe LLC, The. Replies due by 6/1/2006. (Bengoechea, Shane)

May 17, 2006

May 17, 2006

PACER

CORRECTIVE ENTRY - The entry docket number 54 Reply to Response to Motion, filed by The Burrito Shoppe LLC, was filed in error. Please disregard it. (ja)

May 18, 2006

May 18, 2006

PACER
56

REPLY to Response to Motion re 43 First MOTION to Amend/Correct COMPLAINTS AND JOIN SECOND DEFENDANT filed by Idaho Human Rights Commission, Equal Employment Opportunity Commission. (Bowen, Jo-Ann)

June 1, 2006

June 1, 2006

PACER
57

ORDER denying 37 Motion to Dismiss or in the alternative, Motion for Summary Judgment, denying 38 Motion for Enlargement of Time to Answer . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Aug. 8, 2006

Aug. 8, 2006

PACER
58

ORDER granting 43 Motion to Amend Complaints and Join Second Defendant. Plaintiffs shall serve and file their amended complaints by 9/15/06. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Aug. 29, 2006

Aug. 29, 2006

PACER
59

AMENDED COMPLAINT against Allied Foodservice Inc. dba Squeezers, filed by Idaho Human Rights Commission.(Bowen, Jo-Ann)

Sept. 11, 2006

Sept. 11, 2006

PACER
60

AMENDED COMPLAINT Jury Trial Demand against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Summons Amended Summons in a Civil Action)(Flores, Carmen)

1 Summons Amended Summons in a Civil Action

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Sept. 12, 2006

Sept. 12, 2006

PACER

Summons Issued as to Allied Foodservice Inc. (ja, )

Sept. 13, 2006

Sept. 13, 2006

PACER
61

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Flores, Carmen)

Oct. 25, 2006

Oct. 25, 2006

PACER
62

Amended SUMMONS Returned Executed as to Allied Foodservice Inc, Burrito Shoppe LLC, The. (ja, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
63

ANSWER to Amended Complaint Jury Trial Demand by Burrito Shoppe LLC, The.(Bengoechea, Shane)

Oct. 31, 2006

Oct. 31, 2006

PACER
64

Defendants' ANSWER to Amended Complaint Of Plaintiff By Intervention And Demand For Jury Trial by Burrito Shoppe LLC, The.(Bengoechea, Shane)

Oct. 31, 2006

Oct. 31, 2006

PACER
65

DOCKET ENTRY NOTICE of Hearing: Settlement Conference set for 11/28/2006 09:30 AM in Boise, ID before Honorable Mikel H. Williams. Settlement Conference Order forthcoming. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, )

Nov. 3, 2006

Nov. 3, 2006

PACER
66

SETTLEMENT CONFERENCE ORDER re 65 Notice of Hearing, Shall take place on Tuesday 11/28/06 @9:30am. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, ) (Entered: 11/06/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
67

Minute Entry for proceedings held before Judge Mikel H. Williams : Settlement Conference held on 11/28/2006. This case did not settle however parties continue negotiations and will notify the Court. (al, ) (Entered: 12/04/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
68

NOTICE of TELEPHONE Hearing: Status Conference set for 2/12/2007 11:00 AM (Mtn. Time)in Boise, ID before Honorable Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, )

Jan. 10, 2007

Jan. 10, 2007

PACER
69

NOTICE of Hearing: Telephonic Status Conference set for 1/31/2007 01:00 PM in Boise, ID before Honorable Larry M. Boyle. (Bowen, Jo-Ann)

Jan. 10, 2007

Jan. 10, 2007

PACER
70

AMENDED CASE MANAGEMENT ORDER re 61 Telephone status conference held 1/31/07. Amended Pleadings due by 3/12/2007. Discovery due by 5/15/2007. Joinder of Parties due by 3/12/2007. Dispositive Motions due by 6/30/2007. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Jan. 31, 2007

Jan. 31, 2007

RECAP
71

Minute Entry for proceedings held before Judge Larry M. Boyle : Status Conference held on 1/31/2007. Pltff.'s Oral Motion to Extend Dead-lines: GRANTED. (Court Reporter Vicki Jones.) (lc, )

Jan. 31, 2007

Jan. 31, 2007

PACER
72

MOTION to require depositions to be taken in Boise, Idaho by Burrito Shoppe LLC, The. Responses due by 3/19/2007 (Bengoechea, Shane) Modified on 2/26/2007 to edit text (ja).

Feb. 23, 2007

Feb. 23, 2007

PACER
73

MOTION by Burrito Shoppe LLC, The. Responses due by 3/19/2007 (Bengoechea, Shane)

Feb. 23, 2007

Feb. 23, 2007

PACER
74

MOTION re 72 MOTION by Burrito Shoppe LLC, The. Responses due by 3/19/2007 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Bengoechea, Shane)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Feb. 23, 2007

Feb. 23, 2007

PACER

CORRECTIVE ENTRY - The entry docket number 74 MOTION re 72 MOTION filed by Burrito Shoppe LLC, The, and 73 MOTION filed by Burrito Shoppe LLC, were filed using the incorrect docket event as they are not motions. The filing party shall re-submit their filings using "Affidavit" located under Other Documents and use the text box to describe the document. (ja)

Feb. 26, 2007

Feb. 26, 2007

PACER
75

AFFIDAVIT filed by Burrito Shoppe LLC, The Affidavit Of James Dorsey In Support Of Motion To Require Depositions To Be Taken In Boise, Idaho. (Bengoechea, Shane)

Feb. 27, 2007

Feb. 27, 2007

PACER
76

AFFIDAVIT filed by Burrito Shoppe LLC, The Affidavit Of Shane O. Bengoechea In Support Of Motion To Require Depositions To Be Taken In Boise, Idaho. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Bengoechea, Shane)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Feb. 27, 2007

Feb. 27, 2007

PACER
77

MOTION to Quash Subpoena and Motion for Protective Order by Nampa Police Department. Responses due by 4/16/2007 (Attachments: # 1 # 2)(Moore, Michael) Modified on 3/23/2007 to edit text (ja, ).

March 21, 2007

March 21, 2007

PACER
78

NOTICE of Voluntary Dismissal by Burrito Shoppe LLC, The (Bengoechea, Shane)

March 30, 2007

March 30, 2007

PACER

CORRECTIVE ENTRY - The entry docket number 78 Notice of Voluntary Dismissal filed by Burrito Shoppe LLC, The was filed incorrectly in this case. This appears to be a notice to withdraw a motion. This could be found under "Other Documents" then "Notice (Other)" then text in the motion to withdraw depositions. The filing party shall re-submit their correct filing. (dks, )

April 2, 2007

April 2, 2007

PACER
79

NOTICE by Burrito Shoppe LLC, The Notice To Withdraw Defendants' Motion To Require Depositions To Be Taken In Boise, Idaho (Bengoechea, Shane)

April 3, 2007

April 3, 2007

PACER
80

MEMORANDUM in Response re 77 MOTION to Quash Subpoena and Motion for Protective Order filed by Burrito Shoppe LLC, The. Replies due by 4/26/2007. (Bengoechea, Shane) .

April 12, 2007

April 12, 2007

PACER
81

MEMORANDUM in Opposition re 77 MOTION for Protective Order MOTION to Quash Subpoena filed by Idaho Human Rights Commission. Replies due by 4/30/2007. (Attachments: # 1 Affidavit of Counsel, Jo-Ann L. Bowen# 2 Exhibit A to Affidavit)(Bowen, Jo-Ann)

1 Affidavit of Counsel, Jo-Ann L. Bowen

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2 Exhibit A to Affidavit

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April 16, 2007

April 16, 2007

PACER
82

REPLY to Response to Motion re 77 MOTION to Quash Subpoena and Motion for Protective Order filed by Nampa Police Department. (Moore, Michael)

April 24, 2007

April 24, 2007

PACER
83

Expert Witness Disclosure filed by Defendant Burrito Shoppe LLC, The. (Bengoechea, Shane)

April 26, 2007

April 26, 2007

PACER
84

MOTION to Strike 81 Memorandum in Opposition to Motion, Affidavit Of Counsel Jo-Ann L. Bowen by Burrito Shoppe LLC, The. Responses due by 5/25/2007 (Bengoechea, Shane)

May 1, 2007

May 1, 2007

PACER
85

MEMORANDUM in Support re 84 MOTION to Strike 81 Memorandum in Opposition to Motion, Affidavit Of Counsel Jo-Ann L. Bowen Memorandum In Support Of Motion To Strike filed by Burrito Shoppe LLC, The. (Bengoechea, Shane)

May 1, 2007

May 1, 2007

PACER
86

MOTION for Extension of Time to Complete Discovery (certain discovery matters) by Idaho Human Rights Commission, Equal Employment Opportunity Commission. Responses due by 6/7/2007 (Attachments: # 1 Memorandum in Support)(Bowen, Jo-Ann)

1 Memorandum in Support

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May 14, 2007

May 14, 2007

PACER
87

ORDER granting 77 Motion for Protective Order; granting 77 Motion to Quash; finding as moot 84 Motion to Strike. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

May 17, 2007

May 17, 2007

PACER
88

PROTECTIVE ORDER. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

May 22, 2007

May 22, 2007

PACER
89

NOTICE of Substitution - Attorney John Freeman Stanley and Carmen Flores for Equal Employment Opportunity Commission added. Attorney Kathryn Olson terminated. (Flores, Carmen)

May 24, 2007

May 24, 2007

PACER
90

RESPONSE to Motion re 86 MOTION for Extension of Time to Complete Discovery (certain discovery matters) Defendants' ResponseTo Plaintiffs' Motion To Extend The Discovery Deadline For Certain Discovery Matters filed by Burrito Shoppe LLC, The. Replies due by 6/25/2007. (Bengoechea, Shane)

June 7, 2007

June 7, 2007

PACER
91

AFFIDAVIT of Shane O. Bengoechea re 90 Response to Motion, filed by Burrito Shoppe LLC, The Affidavit of Shane O. Bengechea In Support Of Defendants' Response To Plaintiffs' Motion To Extend The Discovery Deadline For Certain Discovery Matters. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Bengoechea, Shane)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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June 7, 2007

June 7, 2007

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 19, 2005

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Allied Foodservice, Inc. (Nampa, ID), Private Entity/Person

The Burrito Shoppe LLC (Nampa, ID), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Amount Defendant Pays: 40,000

Order Duration: 2008 - 2012

Content of Injunction:

Develop anti-discrimination policy

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit