Case: EEOC v. MJL OF CABOT INC (d/b/a MCDONALD'S OF CABOT)

4:03-cv-00752 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Sept. 16, 2003

Closed Date: Dec. 16, 2004

Clearinghouse coding complete

Case Summary

The Little Rock office of the EEOC filed this complaint in the U.S. District for the Eastern District of Arkansas, against MJL of Cabot, Inc. d/b/a McDonald's of Cabot. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the Defendant had subjected the charging party to sexual harassment including making graphic sexual comments and physical touching of a sexual nature.In Septembe…

The Little Rock office of the EEOC filed this complaint in the U.S. District for the Eastern District of Arkansas, against MJL of Cabot, Inc. d/b/a McDonald's of Cabot. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the Defendant had subjected the charging party to sexual harassment including making graphic sexual comments and physical touching of a sexual nature.

In September 2004, the Defendant filed nine partial motions for summary judgment, one for each individual complainant's claims, but the motions were never ruled on because the parties settled in November 2004. A consent decree was entered in December 2004. The decree, valid for 2 years, prohibited the Defendant from discriminating or retaliating in violation of Title VII, required the Defendant to train is employees about discrimination prevention, provide its employees with a copy of its sexual harassment policy, post a notice of non-discrimination at its facility, and pay a total of $190,000 (to be distributed to 9 individuals. Defendant was also required to provide 2 reports to the EEOC concerning any complaints of alleged sexual harassment.

Summary Authors

Shankar Viswanathan (6/21/2007)

People


Judge(s)

Forster, John F. Jr. (Arkansas)

Judge(s)

Forster, John F. Jr. (Arkansas)

Documents in the Clearinghouse

Document

Docket

EEOC v. MJL of Cabot Inc

Dec. 16, 2004 Docket
1

Complaint

EEOC v. MJL of Cabot Inc

Sept. 16, 2003 Complaint
61

Consent Decree

EEOC v. MJL of Cabot Inc

Dec. 16, 2004 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with jury demand; summons not issued (bmt) Modified on 09/16/2003 (Entered: 09/16/2003)

Sept. 16, 2003
2

MEMO TO FILE: regarding service of summons (bmt) (Entered: 09/16/2003)

Sept. 16, 2003
3

WAIVER OF SERVICE OF SUMMONS upon defendant MJL of Cabot Inc on 9/17/03 (bsm) Modified on 10/01/2003 (Entered: 09/30/2003)

Sept. 29, 2003
4

ANSWER to the Complaint by defendant (bsm) (Entered: 11/18/2003)

Nov. 17, 2003
5

INITIAL SCHEDULING ORDER (DOC) Rule 26(f) Conference set 1/26/04; Rule 26(f) Report due 2/9/04; Jury trial set for 9:00 a.m. 12/7/04 in Little Rock; Rule 16(b) Conference set 2/16/04 (cc: all counsel) (maj) (Entered: 11/19/2003)

Nov. 19, 2003
6

MOTION by Bettina Brownstein, counsel for defendant for attorneys Gerald L. Maatman, Jr., Yvette Heintzelman and Scott Lemond to appear pro hac vice (bsm) (Entered: 11/20/2003)

Nov. 19, 2003
7

ORDER by Judge William R. Wilson granting motion for attorneys Gerald L. Maatman, Jr., Yvette Heintzelman and Scott Lemond to appear pro hac vice for deft [6-1] (cc: all counsel) (bsm) (Entered: 11/21/2003)

Nov. 20, 2003
8

RESPONSE by plaintiff to deft's application for pro hac vice admission (bsm) (Entered: 11/25/2003)

Nov. 24, 2003
9

MOTION by counsel for defendant for attorney Scott R. McLaughlin to appear pro hac vice (bsm) (Entered: 02/04/2004)

Feb. 3, 2004
10

ORDER by Judge William R. Wilson granting motion for attorney Scott R. McLaughlin to appear pro hac vice for deft [9-1] (cc: all counsel) (bsm) (Entered: 02/06/2004)

Feb. 5, 2004
11

RULE 26(f) REPORT by parties (bsm) (Entered: 02/10/2004)

Feb. 9, 2004
13

AGREED PROTECTIVE ORDER by Judge William R. Wilson: deft and its counsel agree to treat any personnel or medical documents regarding charging party or any class members, that deft and/or its counsel obtains from the EEOC as part of pltf's Initial Disclosure and/or in response to deft's disc requests as confidential as set out in the terms of this Order; nothing in this Order shall waive or modify any past, present or future duty as to confidentiality, if any, which may arise independently whether by contract or otherwise; nothing in this Order shall preclude a party from seeking modification of this Order (cc: all counsel) (bsm) (Entered: 03/26/2004)

March 25, 2004
14

MOTION by defendant for summary judgment on pltf's claims on behalf of Sarah Baggett Rouse (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
15

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Sarah Baggett Rouse [14-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
16

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Sarah Baggett Rouse [14-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
17

MOTION by defendant for summary judgment on pltf's claims on behalf of Teah Bidwell (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
18

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Teah Bidwell [17-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
19

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Teah Bidwell [17-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
20

MOTION by defendant for summary judgment on pltf's claims on behalf of Nichole Hastings (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
21

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Nichole Hastings [20-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
22

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Nichole Hastings [20-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
23

MOTION by defendant for summary judgment on pltf's claims on behalf of Brady Davis (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
24

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Brady Davis [23-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
25

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Brady Davis [23-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
26

MOTION by defendant for summary judgment on pltf's claims on behalf of Jennifer McKinney (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
27

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Jennifer McKinney [26-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
29

MOTION by defendant for summary judgment on pltf's claims on behalf of Amanda Hunter (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
30

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Amanda Hunter [29-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
31

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Amanda Hunter [29-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
32

MOTION by defendant for summary judgment on pltf's claims on behalf of Erin Corbitt Baker (bsm) Modified on 09/21/2004 (Entered: 09/20/2004)

Sept. 17, 2004
33

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Erin Corbitt Baker [32-1] (bsm) Modified on 09/21/2004 (Entered: 09/20/2004)

Sept. 17, 2004
34

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Erin Corbitt Baker [32-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
35

MOTION by defendant for summary judgment on pltf's claims on behalf of Cortney Skidmore (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
36

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Cortney Skidmore [35-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
37

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Cortney Skidmore [35-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
38

MOTION by defendant for summary judgment on pltf's claims on behalf of Jennifer McGehee (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
39

BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Jennifer McGehee [38-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
40

STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Jennifer McGehee [38-1] (bsm) (Entered: 09/20/2004)

Sept. 17, 2004
41

MOTION by plaintiff to extend time to respond to deft's motions for summary judgment (bsm) Modified on 09/28/2004 (Entered: 09/22/2004)

Sept. 21, 2004
42

ORDER by Judge William R. Wilson granting pltf's motion to extend time until 10/15/04 to respond to deft's motions for summary judgment [41-1] [38-1] [35-1] [32-1] [29-1] [26-1] [23-1] [20-1] [17-1] [14-1] (cc: all counsel) (bsm) (Entered: 09/28/2004)

Sept. 27, 2004
43

MOTION by defendant to continue the pretrial deadlines , and to continue trial (bsm) (Entered: 10/04/2004)

Oct. 1, 2004
44

JOINT MOTION by parties for a settlement conference (vjt) (Entered: 10/06/2004)

Oct. 4, 2004
45

RESPONSE by plaintiff to motion to continue the pretrial deadlines [43-1] and trial [43-2] (bsm) (Entered: 10/07/2004)

Oct. 6, 2004
47

ORDER by Judge William R. Wilson denying deft's motion to continue the pretrial deadlines [43-1] and trial [43-2]; deft will have up to and including 10/22/04 to file its reply to pltf's response to the motion for summary judgment (cc: all counsel) (bsm) (Entered: 10/08/2004)

Oct. 8, 2004
48

RESPONSE by plaintiff to deft's motions for summary judgment [38-1] [35-1] [32-1] [29-1] [26-1] [23-1] [20-1] [17-1] [14-1] (rjh) (Entered: 10/18/2004)

Oct. 15, 2004
49

BRIEF by plaintiff in response to deft's motions for summary judgment [48-1] (rjh) (Entered: 10/18/2004)

Oct. 15, 2004
50

RESPONSE by plaintiff to deft's undisputed facts regarding B. Davis, E. C. Baker, N. Hastings, C. Skidmore, S. B. Rouse, T. Bidwell, A. Hunter, J. McGehee & J. McKinney [16-1] (rjh) (Entered: 10/18/2004)

Oct. 15, 2004
51

SCHEDULING ORDER (DOC); a settlement conference is set for 10:00 11/22/04 before Mag. Judge John F. Forster, Jr. in Little Rock; parties are directed to have those individuals available at the conference who have settlement authority (cc: all counsel) (vjt) (Entered: 10/19/2004)

Oct. 18, 2004
52

OBJECTIONS TO AND MOTION by defendant to strike certain of pltf's evidentiary submissions in its resp to deft's motion for summary judgment (bmt) (Entered: 10/25/2004)

Oct. 22, 2004
53

REPLY by defendant to brief in response to motion for summary judgment [14-1] [17-1] [20-1] [23-1] [26-1] [29-1] [32-1] [35-1] [38-1] (bmt) (Entered: 10/25/2004)

Oct. 22, 2004
54

ORDER by Mag. Judge John F. Forster Jr. Settlement Conference rescheduled for 10:00 11/15/04 ; location remains the same; parties are directed to have present all individuals whose consent is necessary to effectuate settlement (cc: all counsel) (bsm) (Entered: 11/01/2004)

Oct. 29, 2004
55

RESPONSE by plaintiff to deft's objection to, and motions to strike certain of pltf's evidentiary submissions in its resp to deft's motion for summary judgment [52-1] (bsm) (Entered: 11/05/2004)

Nov. 4, 2004
56

PRETRIAL DISCLOSURE SHEET by defendant; estimated length of trial, six to seven days (rjh) (Entered: 11/09/2004)

Nov. 8, 2004
57

PRETRIAL DISCLOSURE SHEET by plaintiff; estimated length of trial, six days (rjh) (Entered: 11/09/2004)

Nov. 8, 2004
58

MOTION by defendant for attorney Anouchka M. Oppinger to appear pro hac vice (rjh) (Entered: 11/09/2004)

Nov. 8, 2004
59

ORDER by Judge William R. Wilson granting deft's motion for atty Anouchka M. Oppinger to appear pro hac vice [58-1] (cc: all counsel) (vjt) (Entered: 11/10/2004)

Nov. 9, 2004
60

ORDER by Judge William R. Wilson that counsel have advised Court that parties have settled the matter and request the case be dismissed; complt is dismissed w/prej, subject to the terms of the Settlement Agreement, and/or Consent Decree; if any party desires that the written settlement agreement be part of the record, it should be filed with the Court w/in 20 days; terminating case (cc: all counsel) (bsm) (Entered: 11/18/2004)

Nov. 17, 2004
61

CONSENT DECREE: by Judge William R. Wilson: this decree resolves all issues and claims arising out of the Commissioners Complt; this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the Commission other than Charge No. 251-2002-01074; the provisions of this Consent Decree shall continue to be effective and binding upon the parties for a period of 2 years from the date of the entry of this Decree, with the exception of Section VI E (neutral reference) which shall be in effect permanently; individual relief is listed in this Decree and the pltf and deft shall bear their own costs, including attys' fees (cc: all counsel) (bsm) Modified on 12/27/2004 (Entered: 12/16/2004)

Dec. 16, 2004

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 16, 2003

Closing Date: Dec. 16, 2004

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

MJL of Cabot Inc. (Cabot), 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: 190000

Order Duration: 2004 - 2006

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Retaliation Prohibition

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits