Case: EEOC v. UNCLE HARRY'S NEW YORK BAGELRY LLC

1:01-cv-06252 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 28, 2001

Closed Date: April 19, 2004

Clearinghouse coding complete

Case Summary

In September 2001, the San Francisco office of the EEOC brought this Title VII suit against Uncle Harry's New York Bagelry LLC in the U.S. District Court for the Eastern District of California. The complaint alleged that the defendant subjected the claimants to sexual harassment (female) and discharge (constructive) in retaliation for their complaint of sexual harassment. After a two stipulated protective orders, the parties settled by entry of a consent decree in March 2003. The parties dismissed the case in April 2004.

The three year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $150,000, hire an outside consultant to conduct yearly sex harassment and discrimination training, post notice, and assure that a specific employee has been fired and will not be rehired.

Summary Authors

Kevin Wilemon (8/12/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11839587/parties/eeoc-v-uncle-harrys/


Judge(s)

Wanger, Oliver Winston (California)

Documents in the Clearinghouse

Documents in this case

1:01-cv-06252

Docket (PACER)

EEOC v. Uncle Harry's

April 19, 2004

April 19, 2004

Docket
9

1:01-cv-06252

Stipulation for Protective Order and Order Thereon

EEOC v. Uncle Harry's New York Bagelry LLC

March 21, 2002

March 21, 2002

Order/Opinion
25

1:01-cv-06252

Order Denying Plaintiff's Motion for Protective Order

EEOC v. Uncle Harry's New York Bagels

May 20, 2002

May 20, 2002

Order/Opinion
38

1:01-cv-06252

Consent Decree

EEOC v. Uncle Harry's New York Bagelry LLC

March 13, 2003

March 13, 2003

Settlement Agreement
50

1:01-cv-06252

Stipulation and Proposed Order Modifying the Consent Decree []

EEOC v. Uncle Harry's New York Bagelry

Oct. 15, 2003

Oct. 15, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11839587/eeoc-v-uncle-harrys/

Last updated April 5, 2025, 11:32 a.m.

ECF Number Date Description Link
1 Sept. 28, 2001

COMPLAINT for civil rights-employment descrimination; jury demand, fee status waived, assigned to Judge Oliver W. Wanger referred to Magistrate Judge Sandra M. Snyder (sr) (Entered: 09/28/2001)

PACER
2 Sept. 28, 2001

ORDER setting scheduling conference for 8:45 2/21/02 before Judge Oliver W. Wanger (sr) (Entered: 09/28/2001)

PACER
3 Sept. 28, 2001

STANDING ORDER by Judge Oliver W. Wanger informing the parties on the procedure to follow in pursuing this action (sr) (Entered: 09/28/2001)

PACER
4 Nov. 20, 2001

WAIVER OF SERVICE by defendant Uncle Harry's on 11/16/01 (old) (Entered: 11/21/2001)

PACER
5 Dec. 17, 2001

ANSWER by defendant Uncle Harry's to complaint [1-1] (mm) (Entered: 12/18/2001)

PACER
6 Feb. 14, 2002

JOINT SCHEDULING REPORT by plaintiff EEOC and Uncle Harry's (old) (Entered: 02/15/2002)

PACER
7 Feb. 21, 2002

MINUTES of 2/21/02 before Judge Oliver W. Wanger scheduling conference held on 2/21/02; court to issue order C/R none (jv) (Entered: 02/22/2002)

PACER
8 Feb. 28, 2002

SCHEDULING CONFERENCE ORDER Judge Oliver W. Wanger; discovery ddl set for 1/31/03; non-dispositive motion ddl 5/5/03; dispositive motion ddl 6/5/03; settlement conf 1:30 10/16/02 before Judge Snyder; pretrial conf 11:00 8/18/03 before Judge Wanger; Jury Trial 9:00 9/16/03 before Judge Wanger; (cc: all counsel) (rcf) (Entered: 03/01/2002)

PACER
March 19, 2002

LODGED stipulation for protective order by defendant Uncle Harry's (hl) (Entered: 03/20/2002)

PACER
9 March 21, 2002

PROTECTIVE ORDER by Judge Oliver W. Wanger re discovery material (cc: all counsel) (old) (Entered: 03/21/2002)

Clearinghouse
10 April 26, 2002

APPLICATION by plaintiff EEOC for order shortening time (rab) (Entered: 04/30/2002)

PACER
11 May 1, 2002

DECLARATION of Cheri L Ho in support of application for order shortening time [10-1] (sr) (Entered: 05/02/2002)

PACER
13 May 1, 2002

MOTION for protective order barring dft from contacting the charging party and EEOC class members by plaintiff EEOC Motion Hearing Set for 5/10/02 at 9:30 before SMS (sr) (Entered: 05/02/2002)

PACER
14 May 7, 2002

DECLARATION of Cheri L Ho in support of [13-1] EEOC Motion for Protective Order (wh) (Entered: 05/08/2002)

PACER
15 May 7, 2002

DECLARATION of Shiree Oberthier in support of [13-1] EEOC's Motion for Protective ORder (wh) (Entered: 05/08/2002)

PACER
16 May 7, 2002

DECLARATION of Antoinette Medina in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

PACER
17 May 7, 2002

DECLARATION of Mariel Howsepian in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

PACER
18 May 7, 2002

DECLARATION of Karla Burgueno in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

PACER
19 May 7, 2002

DECLARATION of Gia Badaracco in support of [13-1] EEOC's Motion for Protective Order (wh) (Entered: 05/08/2002)

PACER
20 May 7, 2002

JOINT STATEMENT by plaintiff EEOC, defendant Uncle Harry's Re: Discovery Disagreement (wh) (Entered: 05/08/2002)

PACER
21 May 9, 2002

OBJECTIONS by defendant Uncle Harry's to [19-1], [18-1], [17-1], [16-1], [15-1], [14-1] plaintiff's declarations in support of Motion for Protective Order (wh) (Entered: 05/10/2002)

PACER
22 May 9, 2002

ATTACHEMENT TO JOINT STATEMENT by defendant Uncle Harry's and discovery disagreement (wh) (Entered: 05/10/2002)

PACER
23 May 10, 2002

MINUTES of 5/10/02 before Magistrate Judge Snyder motion for protective order filed 5/1/02 by plaintiff EEOC [13-1] SUBMITTED; C/R TAPE 1211-2278 (jh) (Entered: 05/13/2002)

PACER
24 May 17, 2002

ORDER by Judge Oliver W. Wanger ORDERING Case REFERRED to ENE; ENE scheduling conference set for 9:00 8/20/02 before SMS (cc: all counsel) (sr) (Entered: 05/20/2002)

PACER
25 May 20, 2002

ORDER by Magistrate Judge Sandra M. Snyder ORDERING motion for protective order barring dft from contacting the charging party and EEOC class members by plaintiff EEOC [13-1] DENIED (cc: all counsel) (sr) (Entered: 05/21/2002)

Clearinghouse
May 20, 2002

LODGED Document: proposed order granting EEOC's motion for protective order NOT USED (sr) (Entered: 05/21/2002)

PACER
26 Aug. 6, 2002

LETTER to court from counsel for plaintiff EEOC ENE scheduling conference CONTINUED TO 9:00 on 9/17/02 in ctrm 4 before Judge Snyder (cc: all counsel) (old) (Entered: 08/07/2002)

PACER
28 Sept. 13, 2002

MINUTES of Conference Call re ENE Scheduling Conference and Settlement Conference before Magistrate Judge Sandra M. Snyder ENE scheduling conference VACATED by verbal stipulation; settlement conference CONTINUED TO 10:00 on 10/22/02 in ctrm 4 before Judge Snyder C/R None (old) (Entered: 09/16/2002)

PACER
29 Oct. 21, 2002

MINUTES of 10/21/02 before Magistrate Judge Sandra M. Snyder conference call re settlement conference HELD; counsel agree not ready for settlement conference, therefore conference of 20/22/02 OFF CALENDAR; status conference set for 10:00 10/28/02 before Judge Snyder C/R none (jv) (Entered: 10/22/2002)

PACER
30 Oct. 28, 2002

MINUTES of 10/28/02 before Magistrate Judge Sandra M. Snyder telephonic status conference held on 10/28/02; settlement conference set for 10:00 11/26/02 before SMS (plk) (Entered: 10/29/2002)

PACER
Nov. 6, 2002

LODGED Substitution of attorneys by defendant Uncle Harry's (rcf) (Entered: 11/07/2002)

PACER
31 Nov. 12, 2002

ORDER by Judge Oliver W. Wanger withdrawing attorney David R McNamara for Uncle Harry's and substituting attorney Shelline Kay Bennett (cc: all counsel) (tel) (Entered: 11/13/2002)

PACER
32 Nov. 26, 2002

MINUTES of 11/26/02 before Magistrate Judge Sandra M. Snyder settlement conference held on 11/26/02; case settled; all dates VACATED , (sr) (Entered: 11/27/2002)

PACER
33 Dec. 5, 2002

MINUTES of 12/5/02 before Magistrate Judge Sandra M. Snyder case mgmt ddl set for 1/31/03 C/R none (plk) (Entered: 12/06/2002)

PACER
34 Dec. 30, 2002

TRANSCRIPT of 11/26/02 hearing on Settlement Conf by C/R ECRO A Alvarez (rcf) (Entered: 12/31/2002)

PACER
35 Jan. 30, 2003

MINUTES of 1/30/03 before Magistrate Judge Sandra M. Snyder conference cal re extension of consent decree due 1/31/03 case mgmt ddl set for 2/21/03 for consent decree ; scheduling conference call CONTINUED TO 2:00 2/21/03 (tel) (Entered: 01/31/2003)

PACER
36 Feb. 21, 2003

MINUTES of 2/21/03 before Magistrate Judge Sandra M. Snyder conference call re consent decree held on 2/21/03 case is resolved; case mgmt ddl set for 3/7/03 for agreement to be filed C/R none (jv) (Entered: 02/24/2003)

PACER
March 7, 2003

LODGED stipulation and order concerning lodging under seal of exhibits to consent decree by plaintiff, defendant (sr) (Entered: 03/10/2003)

PACER
37 March 12, 2003

STIPULATION AND ORDER by Judge Oliver W. Wanger ORDERING that Exhibits A and B to the consent decree be lodged under seal (cc: all counsel) (sr) (Entered: 03/14/2003)

PACER
38 March 13, 2003

CONSENT DECREE by Judge Oliver W. Wanger (cc: all counsel) (sr) (Entered: 03/14/2003)

Clearinghouse
40 Aug. 26, 2003

EX PARTE motion by plaintiff EEOC to file plaintiff's motion to enforce court order... (plk) (Entered: 08/27/2003)

PACER
40 Aug. 26, 2003

...EX PARTE motion by plaintiff EEOC for civil contempt (plk) (Entered: 08/27/2003)

PACER
Aug. 26, 2003

LODGED order granting plaintiff EEOC motions to enforce court order and for civil contempt (plk) (Entered: 08/27/2003)

PACER
41 Aug. 29, 2003

SEALED document ( order ) (plk) (Entered: 08/29/2003)

PACER
42 Aug. 29, 2003

SEALED document ( proposed order ) (plk) (Entered: 08/29/2003)

PACER
43 Aug. 29, 2003

SEALED document ( proof of service ) (plk) (Entered: 08/29/2003)

PACER
44 Aug. 29, 2003

SEALED document ( motion ) (plk) (Entered: 08/29/2003)

PACER
45 Aug. 29, 2003

SEALED document ( memorandum ) (plk) (Entered: 08/29/2003)

PACER
46 Aug. 29, 2003

SEALED document ( declaration ) (plk) (Entered: 08/29/2003)

PACER
47 Aug. 29, 2003

SEALED document ( declaration ) (plk) (Entered: 08/29/2003)

PACER
48 Sept. 22, 2003

NOTICE by defendant Uncle Harry's of association of attorney William F Hancock Jr (old) (Entered: 09/23/2003)

PACER
Sept. 22, 2003

LODGED stipulation and proposed order continuing the hearing on pltf's motion to enforce court order and for civil contempt by defendant Uncle Harry's (old) (Entered: 09/23/2003)

PACER
49 Sept. 23, 2003

STIPULATION AND ORDER by Judge Oliver W. Wanger ato continue the hearing pltf's motion to enforce court order [40-1] HEARING CONTINUED TO 10:00 10/27/03 (cc: all counsel) (old) (Entered: 09/24/2003)

PACER
Oct. 10, 2003

LODGED stipulation and proposed order modifying the consent decree and pertaining to plaintiff's motion to enforce court order and for civil contempt by plaintiff EEOC, defendant Uncle Harry's (mm) (Entered: 10/14/2003)

PACER
50 Oct. 15, 2003

STIPULATION AND ORDER by Judge Wanger Modifying The Consent Decree & Pertaining To Plaintiff's Motion To Enforce Court Order & For Civil Contempt [0-0] GRANTED case mgmt ddl set for 11/4/03 for pltf EEOC to file a withdrawal of its Motion to Enforce Consent Decree and Motion for Civil Contempt w/this Court (cc: all counsel) (jh) (Entered: 10/16/2003)

Clearinghouse
51 Oct. 27, 2003

WITHDRAWAL of plaintiff EEOC's motion to enforce court order and for civil contempt [40-1] (cs) (Entered: 10/28/2003)

PACER
52 Oct. 27, 2003

NOTICE by plaintiff EEOC of change of address to 345 Spear Street, Suite 500, San Francisco CA 94105 (cs) (Entered: 10/28/2003)

PACER
53 March 11, 2004

COURT NOTICE: from G Lucas advising the parties to file a stipulated dismissal within 20 days case mgmt ddl set for 4/5/04 for receipt of same (cc: all counsel) (mm) (Entered: 03/12/2004)

PACER
April 16, 2004

LODGED stipulation to dismiss action by plaintiff EEOC, defendant Uncle Harry's (jv) (Entered: 04/19/2004)

PACER

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: April 19, 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

Private Entity/Person

Uncle Harry's New York Bagelry LLC

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of California 1:01-cv-06252

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 150000

Order Duration: 2003 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation