Case: EEOC v. GUERRERO (d/b/a GRULLENSE RESTAURANT II)

2:04-cv-01752 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 25, 2004

Closed Date: 2011

Clearinghouse coding complete

Case Summary

In August 2004, the San Francisco District Office of the EEOC brought this suit against Stockton, CA-based El Grullense Restaurant II and Rasil G, Inc. in the U.S. District Court for the Eastern District of California. The complaint is unavailable, but it can be gathered from the consent decree that the EEOC alleged on behalf of two female employees that the defendant engaged in sexual harassment in violation of Title VII of the Civil Rights Act of 1964. A trial date was set for July 2006, but…

In August 2004, the San Francisco District Office of the EEOC brought this suit against Stockton, CA-based El Grullense Restaurant II and Rasil G, Inc. in the U.S. District Court for the Eastern District of California. The complaint is unavailable, but it can be gathered from the consent decree that the EEOC alleged on behalf of two female employees that the defendant engaged in sexual harassment in violation of Title VII of the Civil Rights Act of 1964. A trial date was set for July 2006, but the case was settled by the entry of a consent decree in June 2006. The five-year consent decree awarded the two complainants $48,750.00 in damages. Additionally, the defendant was required to post and distribute its revised EEO and anti-harassment policies; implement a complaint procedure for employees; and provide anti-harassment training once yearly for all current and new employees. The decree was to last for five years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2011.

Summary Authors

Kevin Wilemon (9/28/2007)

Documents in the Clearinghouse

Document

2:04-cv-01752

Docket (PACER)

EEOC v. Guerrero

June 19, 2006

June 19, 2006

Docket
38

2:04-cv-01752

Consent Decree

EEOC v. Guerrero

June 19, 2006

June 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5699634/jfm-eeoc-v-guerrero/

Last updated Aug. 1, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
23

ORDER signed by Judge Garland E. Burrell Jr. on 12/12/05 ORDERING Discovery due by 2/27/2006. Motions due by 3/27/2006. Final Pretrial Conference set for 5/22/2006 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.(Carlos, K)

Dec. 13, 2005

Dec. 13, 2005

RECAP
1

COMPLAINT for Employment Discrimination; jury demand, fee status waived, assigned to Judge Garland E. Burrell referred to Magistrate Judge Peter A. Nowinski (daw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

2

ORDER setting scheduling conference for 9:00 11/15/04 before Judge Garland E. Burrell (daw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

29

ORDER signed by Judge Garland E. Burrell Jr. on 3/10/06 ORDERING motion to amend is DENIED; application to shorten time is DENIED as moot. The case IS NOT REFERRED to VDRP. (Carlos, K)

March 10, 2006

March 10, 2006

RECAP
35

ORDER signed by Judge Garland E. Burrell Jr. on 3/20/06 ORDERING Motion in limine 32 is DEEMED WITHDRAWN as it the application to shorten time for hearing on the motion. 30 (Carlos, K)

March 21, 2006

March 21, 2006

RECAP
3

DISCOVERY ORDER by Magistrate Judge Peter A. Nowinski informing the parties on the procedure to follow in pursuing this action (daw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

37

ORDER continuing final pretrial conference to June 26, 2006 and ordering parties to file supplemental joint document, signed by Judge Garland E. Burrell Jr. on 5/18/06. (Amaral, A)

May 18, 2006

May 18, 2006

RECAP
4

ANSWER by defendant Ramon Guerrero and defendant Rasil G, Inc to complaint [1-1] (daw) (Entered: 10/04/2004)

Oct. 1, 2004

Oct. 1, 2004

5

RETURN OF SERVICE executed upon defendant Ramon Guerrero, defendant Rasil G, Inc on 9/12/04 (kdc) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

6

INITIAL DISCLOSURES by defendants (kdc) (Entered: 10/29/2004)

Oct. 28, 2004

Oct. 28, 2004

7

ORDER TO SHOW CAUSE AND RESETTING STATUS CONFERENCE by Judge Garland E. Burrell ORDERING status conference reset for 9:00 1/18/05 ; pltf is ORDERED TO SHOW CAUSE no later than 4:00 PM on 1/4/05 why sanctions should not be imposed for their failure to file a timely status report (cc: all counsel) (kdc) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

8

JOINT STATUS REPORT (sk) Modified on 11/09/2004 (Entered: 11/09/2004)

Nov. 8, 2004

Nov. 8, 2004

9

MAIL returned [7-2] addressed to counsel for defendants, Steven A. Clair; "undeliverable as addressed" (daw) (Entered: 11/23/2004)

Nov. 22, 2004

Nov. 22, 2004

11

RESPONSE to ORDER to SHOW CAUSE by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

12

RESPONSE to ORDER to SHOW CAUSE by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

13

STATUS REPORT Joint by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

14

STATUS ORDER signed by Judge Garland E. Burrell Jr. on 01/10/05: Discovery due by 12/30/2005. Motions due by 2/27/2006. Final Pretrial Conference set for 4/24/2006 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Trial set for 7/25/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr... (Carlos, K) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

15

ORDER signed by Judge Garland E. Burrell Jr. on 1/18/2005 discharging OSC issued 11/5/2004. (Counts, M) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

16

MAIL RETURNED as Undeliverable 15 Order. Mail sent to Steven A. Clair. (TEXT ONLY ENTRY) (Waggoner, D) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

17

MAIL RETURNED as Undeliverable as Addressed sent to Steven A Clair. (Carlos, K) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

18

NOTICE of APPEARANCE by Evangelina Patricia Hernandez on behalf of Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

19

PLAINTIFF(S) MOTION to SHORTEN TIME for Filing Motion To Extend Case Deadlines by Equal Employment Opportunity Commission. Motion Hearing set for 12/19/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Hernandez, Evangelina) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

20

PROPOSED ORDER Re: Plaintiff's Motion to Shorten Time to Hear Motion Extend Time. (Hernandez, Evangelina) Modified on 12/12/2005 (Mena-Sanchez, L). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

21

NOTICE OF PLAINTIFF EEOC'S MOTION To Extend Case Deadlines . Motion Hearing set for 12/19/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Affidavit Evangelina Fierro Hernandez In Support of Motion)(Hernandez, Evangelina) Modified on 12/12/2005 (Mena-Sanchez, L). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

22

PROPOSED ORDER to Extend Case Deadlines. (Hernandez, Evangelina) Modified on 12/12/2005 (Mena-Sanchez, L). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

25

MOTION to SHORTEN TIME for Hearing For Motion To Extend Case Deadlines and Unopposed Motion to Extend Case Deadlines by Equal Employment Opportunity Commission. Motion Hearing set for 3/13/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Points and Authorities Re The Request to Shorten Time and Extension of Case Deadlines# 2 Affidavit Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

26

PROPOSED ORDER Proposed Order Shortening Time . (Hernandez, Evangelina) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

27

PROPOSED ORDER Granting an Extension of Case Deadlines . (Hernandez, Evangelina) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

28

NOTICE OF TEMPORARY ASSIGNMENT notifying parties that due to the retirement of Magistrate Judge Peter A. Nowinski, this action is temporarily reassigned to Magistrate Judge John F. Moulds. (Reader, L) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

30

MOTION to SHORTEN TIME for Motion in Limine to Preclude Inquiry Into or Admission of Evidence Re Immigration Status by Equal Employment Opportunity Commission. Motion Hearing set for 3/27/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Points and Authorities # 2 Declaration of Evangelina Hernandez)(Hernandez, Evangelina) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

31

PROPOSED ORDER For Motion To Shorten Time . (Hernandez, Evangelina) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

32

MOTION IN LIMINE TO PECLUDE INQUIRY INTO OR ADMISSION OF EVIDENCE REGARDING IMMIGRATION STATUS by Equal Employment Opportunity Commission. Motion Hearing set for 3/27/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Points and Authorities)(Hernandez, Evangelina) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

33

DECLARATION of Evangelina Hernandez in SUPPORT OF re 32 MOTION IN LIMINE TO PECLUDE INQUIRY INTO OR ADMISSION OF EVIDENCE REGARDING IMMIGRATION STATUS . (Attachments: # 1 Exhibit No. 1# 2 Exhibit 2# 3 Exhibit No. 3# 4 Exhibit Nos. 4 and 5# 5 Exhibit No. 6# 6 Exhibit Nos. 7 and 8)(Hernandez, Evangelina) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

34

PROPOSED ORDER For Plaintiff's Motion in Limine to Preclude Inquiry into or Admission of Evidence Re Immigration Status . (Hernandez, Evangelina) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

36

JOINT PRETRIAL STATEMENT by Plaintiff Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

38

STIPULATION and PROPOSED ORDER Consent to Decree by Equal Employment Opportunity Commission, Ramon Guerrero, Rasil G, Inc. (Clair, Steven) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

39

CONSENT DECREE agreed upon parties and signed by Judge Garland E. Burrell Jr. on 6/19/06. CASE CLOSED. (Carlos, K)

June 19, 2006

June 19, 2006

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 25, 2004

Closing Date: 2011

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

Ramon Guerrero (Stockton, CA), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 48750

Order Duration: 2006 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Expungement of Employment Record

Neutral/Positive Reference

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits