Case: EEOC v. John Brennan, Serge Rigisish, d/b/a Little Waldorf Saloon

3:01-cv-00563 | U.S. District Court for the District of Nevada

Filed Date: Sept. 26, 2001

Closed Date: 2007

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Case Summary

EEOC's Los Angeles, CA office filed this sexual discrimination/harassment and retaliation lawsuit against two corporate defendants and two individual defendants in the United States District Court for the District of Nevada on 09/26/2001. The corporate defendants Rookies II, LLC and Rookies, Inc. operated a saloon and a sports bar in Nevada respectively. The two individual defendants were owners and major shareholders in the two businesses. EEOC alleged on behalf of seven identified class members, all female, that they were subject to a hostile work environment where they suffered sexually charged conduct, derogatory statements and obscene and vulgar language from the individual defendants and other high-level supervisors. The employers also allegedly retaliated against the employees for complaints in the forms of demotion, loss of wages, further harassment, discipline and constructive discharge. The parties initially went through ENE and settlement conference but failed to reach an agreement. After the district court denied EEOC's partial summary judgment on 02/23/2004, the parties reached a settlement agreement on 03/24/2004. Without access to any document related to the summary judgment decision, there is no way to evaluate the importance of this event to the parties' negotiations.The suit was ultimately resolved by a 3-year consent decree entered by the court on 06/14/2004. The decree, 19 pages long, listed the defendants' monetary and non-monetary obligations in great details. The defendants were required to pay $200,000 in monetary relief (mostly non-pecuniary damage) and $100,000 liquidated damage to all class members in the event of breach. The two individual defendants were jointly and severally liable for the payment. They agreed to provide collateral for the payment and were prohibited from selling, closing, or transferring the interest of the businesses outside the normal course of business in order to escape the monetary obligations. The defendants also needed to expunge the lawsuit from the employees' personnel files. Additionally, the decree prohibited the corporate defendants from discriminating and retaliating. To ensure compliance, they were required to retain and pay for an independent consultant chosen by the EEOC to revise policies, conduct training, investigate complaints and recommend resolutions for the complaints. Other obligations of the defendants included: posting and distributing the revised policies, trainings, record-keeping, and reporting (initial and periodic) to the EEOC about compliance with the above-mentioned non-monetary obligations.The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Justin Kanter (6/16/2007)

Clearinghouse (12/27/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11280259/parties/us-equal-employment-opportunity-commission-v-john-brennan/

Judge(s)

McKibben, Howard D. (Nevada)

Attorney for Plaintiff

McClinton, Gregory L. (Nevada)

Park, Anna (Nevada)

Attorney for Defendant

Fermoile, Douglas K. (Nevada)

Judge(s)

McKibben, Howard D. (Nevada)

Attorney for Plaintiff

McClinton, Gregory L. (Nevada)

Park, Anna (Nevada)

Attorney for Defendant

Fermoile, Douglas K. (Nevada)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:01-cv-00563	Docket (PACER) U.S. Equal Employment Opportunity Commission V. John Brennan, et al.	June 14, 2004	June 14, 2004 Docket
2 3:01-cv-00563	Complaint U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc., a Nevada corporation; and Does-10, Inclusive	Sept. 26, 2001	Sept. 26, 2001 Complaint
27 3:01-cv-00563	First Amended Complaint U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc., a Nevada corporation; and Does-10, Inclusive	Jan. 14, 2003	Jan. 14, 2003 Complaint
57 3:01-cv-00563	Final Consent Decree U.S. Equal Employment Opportunity Commission v. John Brennan, Serge Rigisich, d/b/a Little Waldorf Saloon, a partnership; Rookies, Inc. d/b/a Rookies; Rookies II, LLC, a Nevada limited liability company, d/b/a Little Waldorf Saloon	June 14, 2004	June 14, 2004 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11280259/us-equal-employment-opportunity-commission-v-john-brennan/

Last updated Sept. 28, 2026, 8:20 p.m.

Docket for: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. JOHN BRENNAN

ECF Number	Date	Description	Link
1	Sept. 26, 2001	MISCELLANEOUS DOCUMENT Civil Cover Sheet (Entered: 02/10/2003)	RECAP
2	Sept. 26, 2001	COMPLAINT Complaint obo P (Entered: 02/10/2003)	RECAP
3	Oct. 5, 2001	CERTIFICATE OF INTERESTED PARTIES obo P; (Entered: 02/10/2003)	RECAP
4	Oct. 12, 2001	NOTICE (OTHER) re need to file VP/Desig/Loc/Cnsl sent to Anna Park and Gregory McClinton cnsl for P; (Entered: 02/10/2003)	RECAP
	Oct. 12, 2001	SUMMONS ISSUED as to Ds: Rookies Inc. and John Brennan, Serge rigisich dba Little Waldorf Saloon; (Entered: 02/10/2003)	PACER
	Oct. 12, 2001	SUMMONS ISSUED as to Ds: Rookies Inc. and John Brennan, Serge rigisich dba Little Waldorf Saloon;
	Dec. 14, 2001	MISCELLANEOUS DOCUMENT no text (Entered: 02/10/2003)	PACER
	Dec. 14, 2001	MISCELLANEOUS DOCUMENT no text
5	Dec. 17, 2001	ANSWER TO COMPLAINT w/jury demand obo Ds, John Brennan, Serge Rigisich, Little Waldorf Sloon, & Rookies Inc. (m) (Entered: 02/10/2003)	RECAP
6	Dec. 17, 2001	DECLARATION of service as to LITTLE WALDORF SALOON by srvng John Brennan on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)	RECAP
7	Dec. 17, 2001	DECLARATION of service as to ROOKIES INC. by srvng Jodie Sellers on 11/26/01 (no orig summons returned) (Entered: 02/10/2003)	RECAP
8	Dec. 20, 2001	ORDER ORD ENE session sched for 1/29/02 @ 1:30 pm; ENE evaluation statements due in chambers by 4:00 pm on 1/22/02. (Entered: 02/10/2003)	RECAP
9	Jan. 30, 2002	MISCELLANEOUS HEARING ENE/SESSION dtd 1/29/02: ORD the tape of this prcdng is sealed (ptys hv not been able to negotiate settlmnt at this time). (Tape #2002-16) (Entered: 02/10/2003)	RECAP
10	Feb. 5, 2002	ORDER ORD ptys hv period of 5-dys from receipt of this M/O w/in wh to submit disc plan & S/O. (Entered: 02/10/2003)	RECAP
11	Feb. 13, 2002	ORDER ON STIPULATION ORD disc c/o 11/1/02; disp mtns due 12/2/02; prpsd jnt PTO due 1/3/03; (Entered: 02/10/2003)	RECAP
12	Feb. 13, 2002	NOTICE (OTHER) of lodging original signature page of Gregory L. McClinton, cnsl for P, for disc plan & S/O (#11) obo Ds; (Entered: 02/10/2003)	RECAP
13	March 14, 2002	MOTION FOR MISCELLANEOUS RELIEF to permit appearance of gov't attys during the duraction of their employment as attys for the US Equal Oportunity commission obo P (m) (#14-ord granted) (Entered: 02/10/2003)	RECAP
14	April 9, 2002	ORDER P 's mtn to permit the appearance of governmnt attorneys #13 is granted. (Entered: 02/10/2003)	RECAP
15	July 11, 2002	ORDER WITHDRAWAL/OF/COUNSEL: ORD Dan C. Bowen (Lionel Sawyer & Collins) is withdrawn as co-cnsl for Ds John Brennan, Serge Rigisich, Little Waldorf Saloon and Rookies; (Entered: 02/10/2003)	RECAP
	Oct. 9, 2002	MISCELLANEOUS DOCUMENT stip for ext of disc c/o date; (Entered: 02/10/2003)	PACER
	Oct. 9, 2002	MISCELLANEOUS DOCUMENT stip for ext of disc c/o date;
16	Oct. 10, 2002	ORDER ON STIPULATION ORD disc c/o ext to 3/14/03; disp mtns due 4/1/03; jnt PTO due 5/15/03; no fur ext will be granted; (Entered: 02/10/2003)	RECAP
17	Nov. 14, 2002	MOTION TO COMPEL D, Rookies Inc. to comply with Ps req for interrogatories obo P (m) (DRM). (Entered: 02/10/2003)	RECAP
18	Nov. 14, 2002	MOTION TO COMPEL Ds John Brennan, Serge Rigisich d/b/a Little Waldorf Saloon to comply with Ps req for interrogatories obo P (m) (DRM). (Entered: 02/10/2003)	RECAP
19	Nov. 14, 2002	DECLARATION of Gregory L. McClinton in support of Ps mtns to compel (#17/18) obo P (m) (DRM). (Entered: 02/10/2003)	RECAP
20	Nov. 15, 2002	MOTION TO COMPEL Ds to produce initial disclosures obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)	RECAP
21	Nov. 19, 2002	MOTION FOR ATTORNEY FEES obo P. (m) Note: 20/21 are one document. (Entered: 02/10/2003)	RECAP
22	Dec. 10, 2002	RESPONSE IN OPPOSITION TO MOTION to mtn to compel re interrogs #18 obo Ds. (m) (Entered: 02/10/2003)	RECAP
23	Dec. 10, 2002	RESPONSE IN OPPOSITION TO MOTION to mtn to compel initial disclosures #20 obo Ds. (m) (Entered: 02/10/2003)	RECAP
24	Dec. 16, 2002	ORDER ORD hrng re various mtns sched for 1/30/03 @ 1:30 pm. Mr. McClinton & Mr. Fermoile hv been notified. (Entered: 02/10/2003)	RECAP
25	Dec. 18, 2002	MOTION FOR MISCELLANEOUS RELIEF to amend cmplnt w/prpsd order and amended cmplnt attached obo P (fld sep due to size) (m) (Entered: 02/10/2003)	RECAP
26	Jan. 14, 2003	ORDER ORD Ps mtn for leave to amend cmplnt (#25) granted. P sh srv the amended cmplnt forthwith on all ptys. Rookies, II, LLC sh hv 20-dys frm dt of service to file its answer. FUR ORD ptys meet and confer and submit to this crt a revised disc plan & S/O. (Entered: 02/10/2003)	RECAP
27	Jan. 14, 2003	AMENDED COMPLAINT First obo P (adding: Rookie II LLC) (Entered: 02/10/2003)	RECAP
28	Jan. 15, 2003	REPLY TO RESPONSE TO MOTION to Ds oppo to mtn to compel initial disclosures (#20) obo P (m) (Entered: 02/10/2003)	RECAP
29	Jan. 31, 2003	MISCELLANEOUS HEARING dtd 1/30/03 re #s 17/18/20/21 - the mtn to compel interrogs #s 17/18 are granted; P's mtns to compel initital disclosures #s 20/21 are denied as moot; the crt withdraws its order of 1/24/03 #26 tht parties shl submt a new discv pln/ (Entered: 02/10/2003)	RECAP
	Feb. 7, 2003	SUMMONS ISSUED as to Rookies II LLC; (Entered: 02/10/2003)	PACER
	Feb. 7, 2003	SUMMONS ISSUED as to Rookies II LLC;
30	Feb. 19, 2003	ANSWER TO COMPLAINT to 1s amended cmplnt w/jury demand obo Ds Brennan, Rigisich, Rookies II and Rookies Inc. (m) (Entered: 02/19/2003)	RECAP
31	April 29, 2003	ORDER ON STIPULATION ORD disc c/o extended to 8/18/03; disp mtns now due 9/18/03; prpsd jnt PTO due 10/18/03. There sh be no further extensions granted. (Entered: 04/30/2003)	RECAP
32	April 30, 2003	MOTION TO COMPEL DEPOSITN PURSNT TO frcp 30(B)(6) obo Ps. (m) (Entered: 05/01/2003)	RECAP
33	April 30, 2003	MOTION FOR MISCELLANEOUS RELIEF Mtn for sanctions obo Ps. (m) (Entered: 05/01/2003)	RECAP
34	May 14, 2003	ORDER ORD Ps mtn to compel depo and mtn for sanctions (#32 & #33) denied as moot; (Entered: 05/15/2003)	RECAP
35	Sept. 19, 2003	NOTICE (OTHER) PTNO: prpsd PTO due 10/18/03; (Entered: 09/19/2003)	RECAP
	Oct. 20, 2003	MISCELLANEOUS DOCUMENT Ps stipulated pretrial exhibit list; (Entered: 10/21/2003)	PACER
	Oct. 20, 2003	MISCELLANEOUS DOCUMENT prpsd jnt PTO; (Entered: 10/21/2003)	PACER
	Oct. 20, 2003	MISCELLANEOUS DOCUMENT Ps stipulated pretrial exhibit list;
	Oct. 20, 2003	MISCELLANEOUS DOCUMENT prpsd jnt PTO;
36	Oct. 22, 2003	ORDER ORD case referred to RAM to conduct a settlmnt conf; (Entered: 10/23/2003)	RECAP
37	Oct. 22, 2003	PRETRIAL NOTICE ORDER ORD case set down for jury trial on stacked cal of 3/1/04; cal call TBA. Jury instrctns, voir dire due 2/26/04. Trial briefs not required. (Entered: 10/23/2003)	RECAP
38	Oct. 22, 2003	MISCELLANEOUS DOCUMENT Plaintiff's stipulated pretrial exhibit list; (Entered: 10/24/2003)	RECAP
39	Oct. 24, 2003	ORDER a settlemnt/conf is sched 12/4/03 at 9am before RAM; settlmnt/statement due in chmbrs by 12/2/03; see ord for further specs. (Entered: 10/27/2003)	RECAP
40	Dec. 4, 2003	MISCELLANEOUS HEARING SETTLEMENT/CONFERENCE dtd 12/4/03: ORD ptys are unable to arrive at a settlmnt agreement. Tape of this prcdng is sealed (Tape: #03-010) (Entered: 12/05/2003)	RECAP
41	Dec. 18, 2003	ORDER ORD actn sched for a telephonic status conf on 1/5/04 @ 2:30 pm. cnsl hv been telephonically notified. Trial set on stacked cal of March 1 is continued to 3/8/04 @ 9:00 am; (Entered: 12/19/2003)	RECAP
42	Jan. 5, 2004	MISCELLANEOUS HEARING TELEPHONIC/STATUS/CONFERENCE dtd 1/5/04: ORD ea side sh hv 25-hrs w/in wh to preent their case-in-chief, cross exam & opening and closing statements. Prpsd jnt jury instrctns, prpsd verdict forms and voir dire due 3/1/04. Any mtns in (Entered: 01/06/2004)	RECAP
43	Jan. 5, 2004	ORDER ORD jury instrctns due 5-dys prior to trial; (Entered: 01/06/2004)	RECAP
44	Feb. 2, 2004	MOTION IN LIMINE re solicitation of class members obo P (m) (Entered: 02/03/2004)	RECAP
45	Feb. 2, 2004	MOTION IN LIMINE re exclustion of prior sex acts obo P (m) (Entered: 02/03/2004)	RECAP
	Feb. 2, 2004	MISCELLANEOUS DOCUMENT stip between ptys re trial issues and mtns in limine; (Entered: 02/03/2004)	PACER
	Feb. 2, 2004	MISCELLANEOUS DOCUMENT stip between ptys re trial issues and mtns in limine;
46	Feb. 3, 2004	ORDER ON STIPULATION ORDER RE trial issus and mtns in limine: ORD Ds are excluded frm makin any and all references discussion suggestions allustions or presenting evidence w/regard to specific issues (see order for specifics); (Entered: 02/04/2004)	RECAP
47	Feb. 9, 2004	MOTION FOR SUMMARY JUDGMENT PARTIAL ag Ds, Rookies Inc. and Rookies II LLC obo P (m) (Entered: 02/10/2004)	RECAP
48	Feb. 9, 2004	MOTION FOR SUMMARY JUDGMENT PARTIAL obo P (Alter Ego Claim) (fld sep due to size) (m) (Entered: 02/10/2004)	RECAP
49	Feb. 9, 2004	DECLARATION of Gregory L. McClinton in support of P, EEOC's mtn for Part S/J & exhibits 1-19 thereto obo P (m) (fld sep due to size) (Additional attachment(s) added on 5/8/2008: # 2673836 Part 1, # 2673837 Part 2, # 2673838 Part 3, # 2673839 Part 4, # 2673840 Part 5, # 2673841 Part 6, # 2673842 Part 7) (PM). (Entered: 02/10/2004)	RECAP
50	Feb. 9, 2004	STATEMENT Separate statement of undisputed facts (integrated enterprise) obo P EEOC (m) (Entered: 02/10/2004)	RECAP
51	Feb. 23, 2004	ORDER ORD purs to the jnt ntc and stip of settlmnt (#52) the trial on cal for 3/8/04 is vacated and the pending mtns in limine (#44/45) and part mtns for S/J (#47/48) are denied w/o prej. (Entered: 02/24/2004)	RECAP
52	Feb. 23, 2004	ORDER ON STIPULATION and jnt ntc of settlmnt: ORD all dates vacated pending final settlmnt. This crt sh retain jurisdctn over this matter. Telephonic status conf sched for 3/24/04 @ 9:00 am. (Entered: 02/24/2004)	RECAP
53	March 24, 2004	MISCELLANEOUS HEARING (Dtd: 3/24/04) Teleph Status Conf: Cnsl adv that settlmnt has been reached & propsd consent decree sh be sub w/in the followng wk. Crt will then admin close this actn to allow reopening upon applicatn fo P sh there be nonperformance (Entered: 03/26/2004)	RECAP
54	May 27, 2004	MOTION FOR MISCELLANEOUS RELIEF for trial setting conference obo P (m/f/p) (Entered: 05/27/2004)	RECAP
55	May 28, 2004	ORDER ORD actn sched for telephonic status conf on 6/3/04 @ 8:45 am; (Entered: 05/28/2004)	RECAP
56	June 4, 2004	MISCELLANEOUS HEARING in the event the stip to resolve ths actn has not bn recd by 6/14/04, ord tht all parties shl appear before ths crt on 6/16/04 at 8:30am; C/R: Kathryn French (Entered: 06/07/2004)	RECAP
57	June 14, 2004	ORDER FINAL/CONSENT/DECREE (see order for specifics) (EOD: 6/15/04) (Entered: 06/15/2004)	RECAP
58	June 14, 2004	ORDER ORD the Final consent Decree (#57) having been entered, this actn is administratively closed subject to reopening upon applctn of P in the event of noncompliance with the terms of the decree (EOD: 6/15/04) (Entered: 06/15/2004)	RECAP
	June 14, 2004	MISCELLANEOUS DOCUMENT Proposed Final Consent Decree; (Entered: 06/15/2004)	PACER
	June 14, 2004	MISCELLANEOUS DOCUMENT Proposed Final Consent Decree;

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Case Details

State / Territory:

Nevada

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. 26, 2001

Closing Date: 2007

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

DOES 1-10

John Brennan

Rookies II, LLC

Rookies II, LLC, and DOES 1-10 Inclusive

Rookies, Inc.

Serge Rigisch

Serge Rigisich

Case Details

Causes of Action:

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

Other Dockets:

District of Nevada 3:01-cv-00563

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:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 200000

Order Duration: 2004 - 2007

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. John Brennan, Serge Rigisish, d/b/a Little Waldorf Saloon, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8816/ (last updated 12/27/2018).