Case: EEOC v. NEWPORT BAY RESTAURANT

2:03-cv-02618 | U.S. District Court for the Western District of Washington

Filed Date: Aug. 22, 2003

Closed Date: Nov. 18, 2008

Clearinghouse coding complete

Case Summary

In August 2003, the Seattle District Office of the EEOC filed this lawsuit against K & C, Inc., doing business as Newport Bay Restaurant, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining party to a hostile work environment based upon her sex, female. Shortly after the defendant answered the complaint…

In August 2003, the Seattle District Office of the EEOC filed this lawsuit against K & C, Inc., doing business as Newport Bay Restaurant, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining party to a hostile work environment based upon her sex, female. Shortly after the defendant answered the complaint, the parties settled the lawsuit through a consent decree in November 2003.

The five-year consent decree, containing anti-discrimination and retaliation language, required the defendant to: report on complaints, hire an auditor, expunge the complainants' employment record, provide an neutral reference, develop its anti-discrimination policy, post notice of employee rights, provide employee training, implement a complaint resolution process, and pay $25,000 to be distributed among two individuals. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Daisy Manning (3/25/2008)

Documents in the Clearinghouse

Document

2:03-cv-02618

Docket

EEOC v. K & C, Inc.

July 4, 2006

July 4, 2006

Docket
1-1

2:03-cv-02618

Complaint

EEOC v. K&C

Aug. 22, 2003

Aug. 22, 2003

Complaint
7

2:03-cv-02618

Consent Decree and [Proposed] Order of Dismissal

EEOC v. K&C

Nov. 18, 2003

Nov. 18, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and JURY TRIAL DEMANDED against defendant K & C Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Cover letter)(PM, ) (Entered: 08/25/2003)

Aug. 22, 2003

Aug. 22, 2003

2

SERVICE OF SUMMONS and Complaint returned executed upon defendant K & C Inc on 8/28/2003. (LS, ) (Entered: 09/04/2003)

Sept. 2, 2003

Sept. 2, 2003

3

MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-553-4435. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 12/3/2003 09:00 AM before John C Coughenour. (JM,counsel) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

4

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (LS, ) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

5

ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Defendant K & C Inc.(LS, ) (Entered: 09/18/2003)

Sept. 12, 2003

Sept. 12, 2003

6

CORPORATE DISCLOSURE PURSUANT TO FRCP 7.1 of K & C, INC. by Defendant K & C Inc. (LS, ) (Entered: 09/30/2003)

Sept. 25, 2003

Sept. 25, 2003

HEARING CONTINUED: Status Conference set for 12/3/2003 is rescheduled to 12/2/2003 09:00 AM before the Hon. John C Coughenour. (JM,counsel) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

7

Consent Decree and Order of Dismissal by Judge John C Coughenour. (LS, )Text Modified on 11/19/2003 (LS, ).This lawsuit if DISMISSED with prejudice and without costs or attorneys' fees to any party. (Entered: 11/19/2003)

Nov. 18, 2003

Nov. 18, 2003

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2003

Closing Date: Nov. 18, 2008

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

K& C, Inc. (Kirkland, Washington), 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

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: 25000

Order Duration: 2003 - 2008

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Auditing

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits