Case: EEOC v. S.G.T. CINELLI'S, INC.

5:06-cv-00305 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Aug. 3, 2006

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Case Summary

On August 3, 2006, the Equal Employment Opportunity Commission brought this suit against S.G.T. Cinelli's, Inc., doing business as Cinelli's Restaurant, and its related corporate entity Cinelli's Ristorante, Inc. The suit was filed in U.S. District Court for the Eastern District of North Carolina. It alleged that the company violated Title VII by subjecting two female employees to a sexually hostile work environment that included frequent sexual harassment in the form of lewd gestures, comments…

On August 3, 2006, the Equal Employment Opportunity Commission brought this suit against S.G.T. Cinelli's, Inc., doing business as Cinelli's Restaurant, and its related corporate entity Cinelli's Ristorante, Inc. The suit was filed in U.S. District Court for the Eastern District of North Carolina. It alleged that the company violated Title VII by subjecting two female employees to a sexually hostile work environment that included frequent sexual harassment in the form of lewd gestures, comments, and touching. The plaintiff sought damages and injunctive relief. The case was assigned to Judge Terrence W. Boyle.

On November 16, 2006, the EEOC amended its complaint to include both the main Cinelli’s Restaurant and its related corporate entity, Cinelli’s Ristorante. Starting in January 2007, the case was briefly stayed for settlement talks, but these were unsuccessful. In March 2007, Cinelli’s (through each of its corporate entities) filed answers to the amended complaint. Shortly afterward, all of Cinelli’s lawyers for all of its litigating entities sought to withdraw as counsel. The court granted the lawyers permission to withdraw on April 23, 2007.

On January 11, 2008, the EEOC moved for default judgment, as a corporation cannot defend a suit without legal representation. The court deferred ruling on this request for several months before finally granting it on August 12 of that year, after Cinelli’s continually failed to respond. 2008 WL 3539806. On August 27, the court held a hearing where a lawyer from the EEOC presented her case for the plaintiff. The defendant did not show up.

On September 12, 2008, the court entered judgment in favor of the plaintiff and awarded approximately $87,674 in damages. Each of the injured employees received $25,000 plus interest in compensatory damages, and one of them received an additional $12,674 in back pay. They also received a gross $25,000 jointly and severally in punitive damages.

The court did not grant injunctive relief. We do not know whether defendant paid the damages, but there is nothing further in the docket, so it seems likely that they did. Cinelli’s Restaurant has since closed.

Summary Authors

Jason Chester (5/28/2008)

Rebecca Strauss (5/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5458881/parties/equal-employment-opportunity-commission-v-sgt-cinellis-inc/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Cohen, Kerith (Virginia)

Attorney for Defendant

Weaver, Reagan H. (North Carolina)

Expert/Monitor/Master/Other

Harris, Nelson G. (North Carolina)

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Documents in the Clearinghouse

Document

5:06-cv-00305

Docket [PACER]

EEOC v. S.G.T. Cinelli's, Inc.

Sept. 12, 2008

Sept. 12, 2008

Docket
1-1

5:06-cv-00305

Complaint

EEOC v. S.G.T. Cinelli's, Inc.

Aug. 3, 2006

Aug. 3, 2006

Complaint
4-1

5:06-cv-00305

First Amended Complaint

EEOC v. S.G.T. Cinelli's, Inc.

Nov. 16, 2006

Nov. 16, 2006

Complaint
33

5:06-cv-00305

Decision and Order [Granting Motion to Compel Discovery]

EEOC v. S.G.T. Cinelli's, Inc.

April 21, 2008

April 21, 2008

Order/Opinion
37

5:06-cv-00305

Order

Equal Employment Opportunity Commission v. S.G.T. Cinelli's, Inc.

Aug. 8, 2008

Aug. 8, 2008

Order/Opinion
41

5:06-cv-00305

Judgment

EEOC v. S.G.T. Cinelli's

Sept. 12, 2008

Sept. 12, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5458881/equal-employment-opportunity-commission-v-sgt-cinellis-inc/

Last updated April 18, 2025, 9:36 a.m.

ECF Number Description Date Link Date / Link
37

ORDER granting 29 Motion to Strike ; granting 29 Motion for Default Judgment; granting 35 Motion for Default Judgment; granting 35 Motion for Sanctions. Signed by Judge Terrence W. Boyle on 8/8/08. (Deputy Clerk - SJT)

Aug. 12, 2008

Aug. 12, 2008

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two women employees who complained of a hostile work environment.

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

Cinelli's Ristorante, Inc. (Cary, NC), Private Entity/Person

S.G.T. Cinelli's, Inc. (Cary, North Carolina), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $87,674

Issues

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