Case: EEOC v. NATIONAL RESTAURANT ENTERPRISES D/B/A AMERIKING CORPORATION

3:04-cv-00274 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 22, 2004

Closed Date: Jan. 6, 2005

Clearinghouse coding complete

Case Summary

The EEOC Richmond office, in conjunction with the Washington, D.C. office, filed this suit on April 22, 2004 in the U.S. District Court for the Eastern District of Virginia against National Restaurant Enterprises, Inc. doing business as Ameriking Corporation. The complaint is unavailable. After seven months without a response by the defendant, the EEOC moved for a default judgment. The motion was granted in January 2005. The default judgment awarded the three named plaintiffs a total of 1,067,324.86.

Summary Authors

Jennifer Solomon (7/31/2007)

Documents in the Clearinghouse

Document

3:04-cv-00274

Docket (PACER)

EEOC v. National Restaurant

Jan. 24, 2005

Jan. 24, 2005

Docket
10

3:04-cv-00274

Judgment Order

EEOC v. National Restaurant

Jan. 6, 2005

Jan. 6, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link

Jury Trial Flag (cmcc) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

SUMMONS(ES) issued for National Restaurant; mailed to counsel (cmcc) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

1

COMPLAINT; filing fee waived; jury demand (cmcc) (Entered: 04/26/2004)

April 22, 2004

April 22, 2004

3

ORDER that, by November 22, 2004, the Equal Employment Opportunity Commission shall take steps to move this case forward or it shall be dismissed for lack of prosecution; the Clerk is directed to send a copy of this Order to counsel for the Equal Employment Opportunity Commission by facsimile and regular mail and to the National Restaurant Enterprises, Inc., d/b/a Ameriking Corporation, c/o CT Corporation System, Registered Agent, 4701 Cox Road, Suite 301, Richmond, Virginia 23060-6802, by regular mail ( signed by Judge Robert E. Payne ) Copies Mailed: yes and by facsimile as direct [EOD Date: 11/18/04] (cmcc) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

4

MOTION with Memorandum in Support by Equal Employment for Default Judgment against National Restaurant (cgar) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

5

MOTION by Equal Employment for Entry of Default as to National Restaurant (w/declaration of Stacey Turner Caldwell) (cgar) (Entered: 12/03/2004)

Dec. 2, 2004

Dec. 2, 2004

6

CLERK'S ENTRY OF DEFAULT as to National Restaurant granting [5-1] motion by Equal Employment for Entry of Default as to National Restaurant (cgar) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

7

ORDER that the Pltf shall by December 23, 2004, file a detailed statement of damages with evidentiary support and a supporting brief and that a hearing on damages shall be held 2:00p.m. January 3, 2005 ( signed by Judge Robert E. Payne ) Copies Mailed: yes [EOD Date: 12/13/04] (kste) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

Motion hearing for Equal Employment, National Restaurant [4-1] motion for Default Judgment against National Restaurant set at 2:00 1/3/05 before Judge Robert E. Payne (snea) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

8

Response (Equal Employment Opportunity Commission's Memorandum Regarding Damages) by Equal Employment Opportunity Commission to [7-1] Order (lsal) (Entered: 12/27/2004)

Dec. 23, 2004

Dec. 23, 2004

9

Minute entry: Payne, J., Sandy Beverly, OCR. Plaintiff by counsel. No appearance on behalf of the defendant. Counsel for the Plaintiff made statements to the Court. The Court will enter an order awarding damages to the Plaintiff and granting the Plaintiff's Motion for Default Judgment. (snea) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

10

JUDGMENT ORDER, Judgment by default is entered in favor of the pltf, EEOC against the dft, National Restaurant Enterprises, the dft shall pay monetary relief to the named Charging Parties indentified in the Complain being Adiza Kay Lhuillier, Christopher Lhuillier and John Lhuillier (See Order for details) ( signed by Judge Robert E. Payne 01/05/05 ) Copies Mailed: yes and to RA for National Restaurant Enterprises and to the Clerk US Bankruptcy Court (Delaware) [EOD Date: 1/6/05] (cgar) Modified on 01/06/2005 (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

Case closed (cgar) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

11

TRANSCRIPT of hearing before the Honorable Robert E. Payne for date of 01/03/05 (placed in brown expandable) (cgar) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 22, 2004

Closing Date: Jan. 6, 2005

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

National Restaurant Enterprises, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 1067324.86

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits