Case: EEOC v. RY-4 INC (d/b/a ROY'S POIPU BAR AND GRILL)

EEOC v. RY-4 et al

EEOC v. RY-4 Inc

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (Summons(es) issued); Jury trial demand (gab) (Entered: 12/19/2002)

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 3/17/03 before Mag Judge Leslie E. Kobayashi (gab) (Entered: 12/19/2002)

RETURN OF SERVICE executed upon defendant RY-4 on 1/10/03 (gab) (Entered: 01/21/2003)

RETURN OF SERVICE executed upon defendant Roy Yamaguchi Enterp on 1/10/03 (gab) (Entered: 01/21/2003)

ANSWER to complaint by defendant RY-4 dba Roy's Poipu Bar and Grill to complaint [1-1]; jury demand; certificate of service (gab) (Entered: 01/30/2003)

ANSWER by defendant Hawaiian Pacific Restaurant Group, defendant Roy Yamaguchi Enterprises, Inc to complaint[1-1]; certificate of service (gab) (Entered: 02/05/2003)

NOTICE OF MOTION and motion by Cynthia Cummings to intervene as intervenor memorandum in support of motion; declaration of counsel; exhibits 1 and 2; set for 9:30 4/3/03 before Mag Judge Leslie E. Kobayashi (gab) (Entered: 02/25/2003)

EO : Continued : [Intervenor Cynthia Cummings' Motion to Intervene as Intervenor] from 04/03/2003 09:30:00 AM to 04/25/2003 09:30:00 AM before LEK. Rule 16 Scheduling Conference set for 3/17/03 at 9:00 AM is also continued to 4/25/03 at 9:30 AM, LEK. Susan L. Marshall to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 02/28/2003)

defendant RY-4, Inc.'s statement of no position to Cynthia Cummings' motion to intervene as intervenor re [8-1]; certificate of service (gab) (Entered: 03/14/2003)

CERTIFICATE of service by intervenor Cynthia Cummings (gab) (Entered: 03/21/2003)

REPORT OF PARTIES PLANNING MEETING by plaintiff Equal Employment Opportunity Comission; certificate of service (gab) (Entered: 04/10/2003)

Plaintiff Equal Employment Opp Commission's statement of no opposition to Cynthia Cummings' motion to intervene as intervenor [8-1]; and certificate of service (sealed) (Entered: 04/15/2003)

Amended (Defendants' Name) plaintiff Equal Employment Opportunity Commission's statement of no opposition to Cynthia Cummings' motion to intervene as intervenor and certificate of service (gab) (Entered: 04/18/2003)

ORDER by Mag Judge Leslie E. Kobayashi granting Cynthia Cummings' motion to intervene as intervenor [8-1] (cc: all counsel) (gab) (Entered: 04/18/2003)

SCHEDULING CONFERENCE STATEMENT by plaintiff EEOC and certificate of service (gab) (Entered: 04/18/2003)

SCHEDULING CONFERENCE STATEMENT by defendant RY-4, Inc., dba Roy's Poipu Bar and Grill; certificate of service (gab) (Entered: 04/21/2003)

SCHEDULING CONFERENCE STATEMENT by defendant Hawaiian Pacific Restaurant Group, defendant Roy Yamaguchi Enterprises, Inc.; certificate of service (gab) (Entered: 04/23/2003)

EO : Intervenor Cynthia Cummings' Motion to Intervene as Intervenor is Vacated. Order Granting Motion issued by the Court. Rule 16 Scheduling Conference set for 04/25/2003 09:30:00 AM before LEK will still be held as scheduled. Parties notified by phone. ( Ct Rptr : C6 Tape) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 04/25/2003)

INITIAL DISCLOSURE by defendant RY-4, Inc. dba Roy's Poipu Bar and Grill; certificate of service (gab) (Entered: 04/25/2003)

EP : Rule 16 Scheduling Conference not held. Status Conference held. Intervenor's Complaint to be filed by 5/27/03. Further rule 16 Scheduling conference set for 9:00 6/5/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : C6 no record) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 04/28/2003)

CERTIFICATE of service by defendant Hawaiian Pacific Res, defendant Roy Yamaguchi Enterp (gab) (Entered: 04/28/2003)

Plaintiff-INTERVENOR Cynthia Cummings' complaint in intervention; demand for jury trial; summons (gab) (Entered: 06/30/2003)

NOTICE OF MOTION and motion by intervenor Leslie Hamilton, intervenor Lisa Yamauchi Kaauwai to intervene as intervenors memorandum in support of motion; declaration of counsel; exhibits 1 and 2; set for 11:00 7/1/03 before Mag Judge Leslie E. Kobayashi (gab) (Entered: 05/27/2003)

SCHEDULING CONFERENCE STATEMENT by intervenor Cynthia Cummings; certificate of service (gab) (Entered: 05/29/2003)

NOTICE OF MOTION and motion by defendant RY-4, defendant Hawaiian Pacific Res, defendant Roy Yamaguchi Enterp to dismiss plaintiff intervenor's state claims; memorandum in support of motion; declaration of Jeffrey S. Harris; exhibits A-C; certificate of service; set for 11:15 8/25/03 before Judge Susan O. Mollway (gab) (Entered: 06/02/2003)

EP : Further Rule 16 Scheduling Conference held. 1. Jury trial on April 6, 2004 at 9:00 a.m. before SOM 2. Final Pretrial Conference on February 24, 2004 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 17, 2004 5. File motions to Join/Add Parties/Amend Pleadings by September 5, 2003 6. File other Non-Dispositive Motions by January 7, 2004 7. File Dispositive Motions by November 5, 2003 8a. File Motions in Limine by March 16, 2004 8b. File opposition memo to a Motion in Limine by March 23, 2004 11a. Plaintiff's Expert Witness Disclosures by October 6, 2003 11b. Defendant's Expert Witness Disclosures by November 5, 2003 12. Discovery deadline February 6, 2004 13. Settlement Conference set for November 19, 2003 at 2:00 p.m. before LEK 14. Settlement Conference statements by November 12, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by March 23, 2004 21. File Final witness list by March 16, 2004 24. Exchange Exhibit and Demonstrative aids by March 9, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 16, 2004 26. File objections to the Exhibits by March 23, 2004 28a. File Deposition Excerpt Designations by March 16, 2004 28b. File Deposition Counter Designations and Objections by March 23, 2004 29. File Trial Brief by March 23, 2004 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: Discussion held Honolulu. Status Conference Re: Discovery prior to mediation set for 9:30 7/10/03, LEK. Judge Susan Oki Mollway's Trial Procedures given to parties. A copy of the Rule 16 Scheduling Order mailed to all parties. ; rule 16 conference held on 9:00 6/5/03 before Mag Judge Leslie E. Kobayashi , ; Jury Trial set for 9:00 4/6/04 before Judge Susan O. Mollway , ; Pretrial conference set for 9:00 2/24/04 ; settlement/status conference set for 2:00 11/19/03 before Mag Judge Leslie Kobayashi , ; Discovery ddl set for 2/6/04 ; Motion filing ddl set for 11/5/03 ( Ct Rptr : C7 no record) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 06/06/2003)

Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (gab) (Entered: 06/10/2003)

MEMORANDUM by defendant RY-4, defendant Hawaiian Pacific Res, defendant Roy Yamaguchi Enterp in opposition to Leslie Hamilton and Lisa Yamauchi Kaauwai's motion to intervene as intervenors [24-1]; declaration of Philip S. Uesato; exhibits A through F; certificate of service (gab) (Entered: 06/16/2003)

Reply MEMORANDUM by intervenor Leslie Hamilton, intervenor Lisa Yamauchi Kaauwai in support of Hamilton and Kaauwai's motion to intervene as intervenors [24-1]; declaration of counsel; exhibits 3-8; certificate of service (gab) (Entered: 06/20/2003)

Plaintiff INTERVENOR Cynthia Rodrigues' (fka Cynthia Cummings) Amended Complaint in intervention; demand for jury trial; summons (gab) (Entered: 06/30/2003)

EO : The Court, having reviewed Leslie Hamilton and Lisa Yamauchi Kaauwai's Motion to Intervene as Intervenors, hereby informs the parties of its inclination to grant the motion based on this Court's reading of 42 U.S.C. 2000e-5(f)(1), which conveys a right to intervene upon "aggrieved" persons. Id. ("The person or persons aggrieved shall have the right to intervene in a civil action brought by the [EEOC]. . . ."); see also Fed. R. Civ. P. 24(a)(1) ("Upon timely application anyone shall be permitted to intervene in an action . . . when a statute of the United States confers an unconditional right to intervene. . . ."). The right of intervention in Title VII cases may be invoked if "the action was commenced by the EEOC in response to a charged filed either (a) by the proposed intervenor or (b) by another private party having a nearly identical claim to the claim raised by the proposed intervenor." Spirt v. Teachers Ins. & Annuity Ass'n, 93 F.R.D. 627, 642 (S.D.N.Y. 1982), aff'd in part, rev'd in part on other grounds, 691 F.2d 1054 (2d Cir. 1982). The Court invites argument regarding Defendants' position that proposed intervenors failure to file charges with the EEOC or obtain a right-to-sue letter is fatal to their request to intervene. In particular, the Court would like the parties to address: EEOC v. Die Fliedermaus, L.L.C., 77 F. Supp. 2d 460, 469 (S.D.N.Y. 1999) ("[W]here the EEOC has elected to bring suit, plaintiffs have the statutory right to intervene [and u]nder such circumstances, receipt of a right to sue letter is not a jurisdictional prerequisite.") (citations omitted); Madlock v. Sardis Luggage Co., 302 F. Supp. 866 (N.D. Miss. 1969); and Snell v. Suffolk County, 782 F.2d 1094, 1100 (2d Cir. 1986) (adopting the single filing rule "which provides that where one plaintiff had filed a timely EEOC complaint, other non-filing plaintiffs may join in the action if their individual claims arise out of similar discriminatory treatment in the same time frame") (internal quotation marks and alteration omitted). The parties should appear at the July 1, 2003 hearing prepared to discuss the issues raised in these cases and/or to direct the Court to controlling case law that either supports or contradicts this matter. The Court notes, this inclination is intended only to help the parties prepare for oral argument and is not the Court's final decision in the matter. Rather, the parties are encouraged to raise relevant case law and/or facts to show the Court why its inclination is mistaken or correct. re [24-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 06/30/2003)

EO : Counsel Phillip S. Uesato contacted the Court to indicate that Defendant RY-4, Inc. will be withdrawing their opposition to Movants' Leslie Hamilton and Lisa Yamauchi Kaauwai's Motion to Intervene as Intervenors. Defendant RY-4, Inc. will be instead be filing a Statement of No Position. Therefore, Movants' Leslie Hamilton and Lisa Yamauchi Kaauwai's Motion to Intervene as Intervenors set for 11:00 7/1/03, LEK is Vacated. All parties notified by phone. re [24-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 06/30/2003)

plaintiff Equal Employment Opportunity commission's statement of no opposition to Leslie Hamilton and Lisa Yamauchi Kaauwai's motion to intervene as intervenors [24-1] and certificate of service (gab) (Entered: 07/01/2003)

WITHDRAWAL OF Opposition by defendant RY-4, defendant Hawaiian Pacific Res, defendant Roy Yamaguchi Enterp to Leslie Hamilton and Lisa Yamauchi Kaauwai's motion to intervene as intervenors and statement of no position on motion to intervene as intervenors; certificate of service (gab) (Entered: 07/02/2003)

Withdrawal and Substitution of counsel and order by Magistrate Kobayashi; ATTORNEY SUBSTITUTION: terminating attorney Jeffrey S. Harris for Hawaiian Pacific Res, attorney Terrence M. Lee for Hawaiian Pacific Res and substituting attorney Richard F. Nakamura, Phillip S. Uesato (gab) (Entered: 07/07/2003)

ORDER by Mag Judge Leslie E. Kobayashi granting Leslie Hamiltona nd Lisa Yamauchi Kaauwai's motion to intervene as intervenors [24-1] (cc: all counsel) (gab) (Entered: 07/10/2003)

EP : Status Conference Re: Discovery Prior to Mediation held. Formal Responses to Rule 34 Requests are to be complied with: Plaintiff by 7/11/03, Defendants by 7/15/03. Defendants' Responses are as to all Documents except for Request Nos. 14, 17, 18, 19 and 20. Documents are to produced by Defendants for inspection by Plaintiff and Plaintiff-Intervenors at EEOC's Honolulu Office. Parties are to meet and confer regarding the excluded documents after conclusion of the mediation. Deadline for Motions to Join/Add Parties and to Amend Pleadings is extended to 10/6/03. ( Ct Rptr : C6 no record) JUDGE Mag Judge Leslie E. Kobayashi (gab) (Entered: 07/14/2003)

INTERVENOR'S COMPLAINT by intervenor Leslie Hamilton, intervenor Lisa Yamauchi Kaauwai; demand for jury trial; summons (gab) (Entered: 07/14/2003)

MEMORANDUM by Plaintiff intervenor Cynthia Cummings in opposition to Defendants RY-4, Inc., dba Roy's Restaurant Groupt; Hawaii Pacific Restaurant Group; Roy Yamaguchi Enterprises, Inc.'s motion to dismiss plaintiff intervenor's state claims; [26-1]; declaration of Susan L. Marshall; exhibits 1-3; certificate of service (gab) (Entered: 08/07/2003)

WAIVER OF SERVICE OF SUMMONS by defendant RY-4, defendant Hawaiian Pacific Res, defendant Roy Yamaguchi Enterp on 7/24/03, defendant understands that a judgment may be entered if an answer or motion under Rule 12 is not served within 60 days after 7/2/03 or within 90 days if the request was sent outside the United States (gab) (Entered: 08/11/2003)

JOINDER by defendant RY-4, defendant Hawaiian Pacific Res in Defendant Roy Yamaguchi Enterprises, Inc.'s reply memorandum in support of motion to dismiss plaintiff intervenor's state claims; [26-1]; certificate of service (gab) (Entered: 08/18/2003)

REPLY Memorandum by defendant Roy Yamaguchi Enterprises in Support of motion to dismiss plaintiff intervenor's state claims [26-1]; certificate of service (gab) (Entered: 08/18/2003)

JOINDER by plaintiff Equal Employment Opportunity Commission to plaintiff intervenors' memorandum in opposition to defendants' motion to dismiss plaintiff intervenor's state claims; [26-1]; and certificate of service (gab) (Entered: 08/18/2003)

EO : Defendants RY-4, Inc., dba Roy's Poipu Bar and Grill, Hawaiian Pacific Restaurant Group, Roy Yamaguchi Enterprises, Inc.'s Motion to Dismiss Plaintiff-Intervenor's State Claims from 08/25/2003 11:15:00 AM to 09/29/2003 10:30:00 AM before SOM. All parties notified by mediator Michael Nauyokas. ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (gab) (Entered: 08/25/2003)

EO : Defendants' Motion to Dismiss Plaintiff-Intervenor's State Claims is withdrawn without prejudice per Jeffrey Harris. The motion may be reinstated upon movant's obtaining of a new hearing date and filing of an amended notice of hearing no later than the dispositive motions cutoff. If an amended notice of hearing is filed, the motion itself and all memos, declarations, exhibits, etc. already on file in support of and in opposition to the motion will be considered by the court without the need for refiling. No new briefing on the motion will be allowed without leave of court. ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (gab) (Entered: 09/19/2003)

NOTICE by plaintiff of Change of address (gab) (Entered: 10/23/2003)

EO :Settlement Conference set for 11/19/2003 02:00:00 PM before LEK is Vacated. Wilfredo Tungol to notify all parties. settlement/status conference vacated before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) (Entered: 11/19/2003)

CONSENT DECREE by Judge Susan O. Mollway (cc: all counsel) - submitted on behalf of plaintiff - this consent decree shall terminate 3 yrs from the date of entry by the court, unless EEOC petitions this court for an extension of the decree because of non-compliance by deft & court grants the petition; the action shall be dismissed with prejudice as to HPRG, RYE and RHI upon compliance w/ requirements for Section IV, monetary relief of this consent decree (fe) Modified on 05/04/2004 (Entered: 11/20/2003)

CERTIFICATE of service by plaintiff (fe) (Entered: 11/20/2003)

STIPULATION to dismiss all claims made by plaintif-intervenors Cynthia Rodrigues, Leslie Vito and Lisa Kaauwai in their complaint in intervention and amended complaint in intervention with prejudice and ORDER by Judge Susan O. Mollway : dismissing (fe) (Entered: 11/28/2003)

SUBMISSION by plaintiff Equal Employment Opp of original signature(s) to Consent Decree (gab) (Entered: 12/05/2003)