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

Clearinghouse coding complete

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)

Attorneys(s) for Plaintiff

Cohen, Kerith (Virginia)

Attorneys(s) for Defendant

Weaver, Reagan H. (North Carolina)

Other Attorney(s)

Active

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Cohen, Kerith (Virginia)

Attorneys(s) for Defendant

Weaver, Reagan H. (North Carolina)

Other Attorney(s)

Harris, Nelson G. (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

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

Sept. 12, 2008 Docket
1-1

Complaint

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

Aug. 3, 2006 Complaint
4-1

First Amended Complaint

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

Nov. 16, 2006 Complaint
33

Decision and Order [Granting Motion to Compel Discovery]

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

April 21, 2008 Order/Opinion
37

Order

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

Aug. 8, 2008 Order/Opinion
41

Judgment

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

Sept. 12, 2008 Order/Opinion

Resources

Title Description External URL

Cary restaurant must pay up in sexual harrassment suit

Chris Coletta

A judge has awarded two former employees at Cinelli’s Restaurant in Cary nearly $90,000 in damages in a ruling in a federal sexual harrasment lawsuit. The U.S. Equal Employment Opportunity Commission… Sept. 16, 2008 https://www.bizjournals.com/triangle/stories/2008/09/15/daily16.html

Docket

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

Last updated May 20, 2022, 12:43 a.m.

ECF Number Description 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 RECAP
1

COMPLAINT (Service by Request for Waiver pursuant to Rule 4(d)) against S.G.T. Cinelli's, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 08/03/2006)

Aug. 3, 2006
2

NOTICE by Equal Employment Opportunity Commission Proposed Summons (Cohen, Kerith) (Entered: 10/04/2006)

Oct. 4, 2006
3

Summons Issued as to S.G.T. Cinelli's, Inc.. (Deputy Clerk − BRB, ) (Entered: 10/05/2006)

Oct. 5, 2006
4

AMENDED COMPLAINT against Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 summons# 2 summons)(Cohen, Kerith) (Entered: 11/16/2006)

Nov. 16, 2006
5

Summons Reissued as to Gianni Cinelli, President, S.G.T. Cinelli's, Inc.. (Deputy Clerk − BRB, ) (Entered: 11/20/2006)

Nov. 20, 2006
6

Summons Reissued as to Peter Cinelli, President, Cinelli's Ristorante, Inc.. (Deputy Clerk − BRB, ) (Entered: 11/20/2006)

Nov. 20, 2006
7

MOTION for Extension of Time to File Answer by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Weaver, Reagan) (Entered: 12/14/2006)

Dec. 14, 2006
8

MOTION for Extension of Time to File Answer Attachment of proposed Order by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Weaver, Reagan) (Entered: 12/14/2006)

Dec. 14, 2006
9

ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint Cinelli's Ristorante, Inc. answer due 1/13/2007; S.G.T. Cinelli's, Inc. answer due 1/13/2007; S.G.T. Cinelli's, Inc. answer due 1/13/2007. . Signed by Clerk of Court on 12/15/06. (Deputy Clerk − BRB, ) (Entered: 12/15/2006)

Dec. 15, 2006
10

Joint MOTION to Stay for Mediation by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., Equal Employment Opportunity Commission. (Weaver, Reagan) (Entered: 01/12/2007)

Jan. 12, 2007
11

MOTION to Stay Proposed Order for Joint Motion to Mediate by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc., Equal Employment Opportunity Commission. (Weaver, Reagan) (Entered: 01/12/2007)

Jan. 12, 2007

NOTICE OF DEFICIENCY re: 11 Motion to Stay, 10 Motion to Stay in future filings please refer to the Western Division on the case captions. (Deputy Clerk − LKF, ) (Entered: 01/16/2007)

Jan. 16, 2007

***Motions Submitted: 10 Joint MOTION to Stay for Mediation (Deputy Clerk − BRB, ) (Entered: 01/16/2007)

Jan. 16, 2007
12

ORDER granting 10 Motion to Stay responsive pleadings, discovery, and motions for sixty (60) days to allow the parties to schedule and hold a Court−Hosted Settlement Conference. . Signed by Judge Terrence W. Boyle on 1/18/07. (Deputy Clerk − BRB, ) (Entered: 01/19/2007)

Jan. 19, 2007
13

ORDER re 12 Order on Motion to Stay. Signed by Judge James Gates on 1/22/07. IT IS ORDERED the (1) The court−hosted settlement confernce shall be no later than March 18, 2007 in the Terry Sanford Federal Building in Raleigh; (2) The persons specified in Local ADR Rule 101.3(h)(1), E.D.N.C. shall attend the conference in person unless excused by Order of the court; (3) On or before January 31, 2007, counsel for plaintiff and counsel for defendants shall confer, in person or by telephone, and determine three dates not later than March 18, 2007, upon which they are mutually available for the settlement conference; (4) The parties shall submit a letter to the undersigned provided the foregoing dates within one day after conferring with each other; and (5)The court shall set the date and time for the settlement conference after receiving counsel's letter. (Deputy Clerk − BRB, ) (Entered: 01/22/2007)

Jan. 22, 2007
14

ORDER. Conference shall be held on Tuesday, March 6, 2007 in the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina beginning at 10am. Counsel should contact Magistrate Judge's chambers (919−645−1790) the week of the conference for information on the specific location of the conference in the Federal Building. . Signed by Judge James Gates on 2/7/07. (Deputy Clerk − BRB, ) (Entered: 02/08/2007)

Feb. 8, 2007
15

NOTICE of Hearing: Settlement Conference set for 3/6/2007 10:00 AM before USMJ James Gates. Location of conference in Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina to be determined. (Deputy Clerk − BRB, ) (Entered: 02/08/2007)

Feb. 8, 2007
16

MOTION by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 02/27/2007)

Feb. 27, 2007

NOTICE OF DEFICIENCY re: 16 Motion for Miscellaneous Relief Counsel is once again reminded in future filings this is a Western Division case. All filing should reflect this Division. (Deputy Clerk − LKF, ) (Entered: 02/28/2007)

Feb. 28, 2007

MOTIONS 16 MOTION REFERRED to Judge James Gates. (Deputy Clerk − BRB, ) (Entered: 02/28/2007)

Feb. 28, 2007
17

ORDER granting 16 Motion . Signed by Judge James Gates on 3/1/07. (Deputy Clerk − BRB, ) (Entered: 03/01/2007)

March 1, 2007
18

Minute Entry for proceedings held before Judge James Gates on 6 March 2007: A court−hosted settlement conference was held. Physically present were: plaintiff's attorneys Tina Burnside, Kerith Cohen, and Lynn Fontana; complainants Meghan O'Connell and Brittany McLaurin Bumgarner (with her husband and father); defendants' attorney Reagan Weaver; and corporate representatives for defendants Peter Cinelli and Johnny Cinelli. No settlement was reached and an impasse was declared. The impasse is without prejudice to any party moving at a later date for the convening of another court−hosted settlement conference or the pursuit of other authorized alternative dispute proceedings. Defendants are advised to review the court's order of 19 January 2007 [DE #12] regarding the filing deadline for their responsive pleadings. Time: 3.5 hours. (CHAM, MM) (Entered: 03/06/2007)

March 6, 2007
19

ANSWER to Amended Complaint by S.G.T. Cinelli's, Inc..(Deputy Clerk − LKF, ) (Entered: 03/20/2007)

March 20, 2007
20

ANSWER to Amended Complaint by Cinelli's Ristorante, Inc..(Weaver, Reagan) (Entered: 03/21/2007)

March 21, 2007
21

MOTION to Withdraw as Attorney by Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.. (Attachments: # 1 Exhibit Discharge signed by Peter Cinelli# 2 Text of Proposed Order Order Allowing Withdrawal as Attorney)(Weaver, Reagan) (Entered: 03/21/2007)

March 21, 2007
22

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1. (Weaver, Reagan) (Entered: 03/21/2007)

March 21, 2007

MOTIONS 21 MOTION to Withdraw as Attorney REFERRED to Judge James Gates. (Deputy Clerk − BRB, ) (Entered: 03/22/2007)

March 22, 2007
23

REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk − BRB, ) (Entered: 04/20/2007)

April 20, 2007
24

ORDER granting 21 Motion to Withdraw as Attorney. Attorney Reagan H. Weaver terminated . Signed by Judge James Gates on 4/20/07. (Deputy Clerk − BRB, ) (Entered: 04/23/2007)

April 23, 2007
26

SCHEDULING ORDER: Reports from retained experts are due from Plaintiff on or before 1 November 2007 and from Defendants on or before 1 December 2007. Discovery due by 1/15/2008. Motions due by 2/15/2008.. Signed by Judge James Gates on 5/30/07. (Deputy Clerk − BRB, ) (Entered: 05/30/2007)

May 30, 2007
27

MOTION to Withdraw as Attorney by Nelson G. Harris. (Harris, Nelson) (Entered: 01/03/2008)

Jan. 3, 2008

MOTIONS REFERRED: 27 MOTION to Withdraw as Attorney Motions referred to James E. Gates. (Deputy Clerk − BRB, ) (Entered: 01/04/2008)

Jan. 4, 2008
28

ORDER granting 27 Motion to Withdraw as Attorney. Attorney Nelson G. Harris terminated. Signed by USMJ James E. Gates on 1/8/08. (Deputy Clerk − BRB, ) (Entered: 01/09/2008)

Jan. 9, 2008
29

MOTION to Strike 20 Answer to Amended Complaint, MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. ( Responses due by 1/31/2008) by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 01/11/2008)

Jan. 11, 2008
30

Memorandum in Support re 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. courtesy copies for Judge Boyle mailed today filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaration of Kerith Cohen, # 2 Exhibit Declaration of Meghan O'Connell, # 3 Exhibit Declaration of Brittany Bumgarner, # 4 slip opinion) (Cohen, Kerith) (Entered: 01/11/2008)

Jan. 11, 2008
31

MOTION to Compel S.G.T.'s Discovery Responses , MOTION for Extension of Time to Complete Discovery with courtesy copies mailed to Judge Boyle by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 01/15/2008)

Jan. 15, 2008
32

Memorandum in Support of Motion to Compel S.G.T.'s Discovery Responses and to Extend Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − 8, # 2 Text of Proposed Order) (Cohen, Kerith) (Entered: 01/15/2008)

Jan. 15, 2008

MOTIONS REFERRED: 31 MOTION to Compel S.G.T.'s Discovery Responses MOTION for Extension of Time to Complete Discovery with courtesy copies mailed to Judge Boyle Motions referred to James E. Gates. (Deputy Clerk − BRB, ) (Entered: 04/02/2008)

April 2, 2008

Motions Submitted: 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc. (Deputy Clerk − BRB, ) (Entered: 04/16/2008)

April 16, 2008
33

ORDER granting 31 Motion to Compel; granting 31 Motion for Extension of Time to Complete Discovery. All discovery shall be commenced in time to be concluded by June 27, 2008; All potentially dispositive motions shall be filed by July 28, 2008; All other provisions in the Scheduling Order remain in effect. Signed by USMJ James E. Gates on 4/18/08. (Deputy Clerk − BRB, ) (Entered: 04/21/2008)

April 21, 2008
34

ORDER deferring ruling on 29 Motion to Strike ; deferring ruling on 29 Motion for Default Judgment. Signed by Judge Terrence W. Boyle on 6/3/08. (Deputy Clerk − BRB, ) (Entered: 06/04/2008)

June 4, 2008
35

MOTION for Default Judgment as to Defendant S.G.T. Cinelli's, Inc. , MOTION for Sanctions by Equal Employment Opportunity Commission. (Cohen, Kerith) (Entered: 06/30/2008)

June 30, 2008
36

Memorandum in Support of Motion for Default Judgment Against Defendant S.G.T. Cinelli's Inc. and for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits 1 − 6, # 2 Exhibit Exhibits 7 − 11, # 3 Exhibit unpublished opinions) (Cohen, Kerith) (Entered: 06/30/2008)

June 30, 2008

Motions Submitted: 29 MOTION to Strike 20 Answer to Amended Complaint MOTION for Default Judgment as to Defendant Cinelli's Ristorante, Inc., 35 MOTION for Default Judgment as to Defendant S.G.T. Cinelli's, Inc. MOTION for Sanctions (Deputy Clerk − SJT) (Entered: 07/25/2008)

July 25, 2008
38

NOTICE of Hearing: Hearing on Damages. Motion Hearing set for 8/27/2008 @ 3:00 PM in Raleigh − Courtroom TBA before Judge Terrence W. Boyle. If court is still in trial, date and time for the this hearing is subject to change until a later date. (Deputy Clerk − SJT) (Entered: 08/12/2008)

Aug. 12, 2008
39

Minute Entry for proceedings held before Judge Terrence W. Boyle: Motion Hearing held on 8/27/2008 re Damages. Kerith Cohen was present for the Plaintiffs and presented her case. The defendants nor any representation for them were present. (Court Reporter Sharon Kroeger.) (Talbert, S.) (Entered: 08/27/2008)

Aug. 27, 2008
40

ORDER re 38 Notice of Hearing on Damages. Signed by Judge Terrence W. Boyle on 9/12/08. (Talbert, S.) (Entered: 09/12/2008)

Sept. 12, 2008
41

JUDGMENT in favor of Equal Employment Opportunity Commission against Cinelli's Ristorante, Inc., S.G.T. Cinelli's, Inc.Signed by Clerk of Court on 9/12/08. (Talbert, S.) (Entered: 09/12/2008)

Sept. 12, 2008

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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

Availably 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

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