Case: EEOC v. MAMASITA'S RESTAURANT

2:06-cv-00033 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 27, 2006

Closed Date: Jan. 8, 2013

Clearinghouse coding complete

Case Summary

In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North Carolina, alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants were subjected to…
In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North Carolina, alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants were subjected to a sexually hostile work environment, leading to their constructive discharge and, in one case, retaliatory action against the complainants. Following some discovery, the parties settled the lawsuit through a consent decree.The five-year decree, containing anti-discrimination and retaliation clauses, required the defendants to: report on complaints, make compliance reports, allow the EEOC access for monitoring, provide references to the complaining parties, develop an anti-discrimination policy, post and distribute notice of EEO rights, provide EEO training, and pay $25,000 to be distributed among three complaining parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2013.

Summary Authors

David Friedman (5/6/2008)

Clearinghouse (6/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29915836/parties/equal-employment-opportunity-commission-v-mexican-express-amigos-inc/

Judge(s)

Dever, James C. (North Carolina)

Attorney for Plaintiff

Barnes, Lynette A. (North Carolina)

Cohen, Kerith (North Carolina)

Attorney for Defendant

Bentz, Curtis L. (North Carolina)

McKellar, A. Scott (North Carolina)

Documents in the Clearinghouse

2:06-cv-00033

Docket (PACER)

EEOC v. Mexican Express Amigos, Inc.

Jan. 8, 2008

Jan. 8, 2008

Docket
1

2:06-cv-00033

Complaint

EEOC v. Mexican Express Amigos, Inc. et al

Sept. 27, 2006

Sept. 27, 2006

Complaint
15

2:06-cv-00033

Consent Decree

EEOC v. Mexican Express Amigos, Inc.

Jan. 8, 2008

Jan. 8, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29915836/equal-employment-opportunity-commission-v-mexican-express-amigos-inc/

Last updated Nov. 4, 2026, 6:57 p.m.

Docket for: Equal Employment Opportunity Commission v. Mexican Express Amigos, Inc.
ECF Number Date Description Link
1 Sept. 27, 2006

COMPLAINT service by request for waiver pursuant to Rule 4(d) against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 09/27/2006)

RECAP
Sept. 29, 2006

NOTICE to counsel: no proposed summons were attached to the complaint entry for the Clerk to issue. They may be -efiled under notices, other, proposed summons. Upon receipt, clerk will issue. (Deputy Clerk - SDF) (Entered: 09/29/2006)

PACER
Sept. 29, 2006

NOTICE to counsel: no proposed summons were attached to the complaint entry for the Clerk to issue. They may be -efiled under notices, other, proposed summons. Upon receipt, clerk will issue. (Deputy Clerk - SDF)

2 Oct. 27, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Mexican Express Carolina, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (Cohen, Kerith) (Entered: 10/27/2006)

RECAP
3 Dec. 4, 2006

WAIVER OF SERVICE Returned Executed by Mexican Express Amigos, Inc.. Mexican Express Amigos, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (McKellar, A.) (Entered: 12/04/2006)

RECAP
4 Dec. 4, 2006

MOTION for Extension of Time to File Answer re 1 Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)

RECAP
5 Dec. 4, 2006

Proposed Order re 4 MOTION for Extension of Time to File Answer re 1 Complaint filed by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)

RECAP
Dec. 5, 2006

MOTIONS 4 MOTION for Extension of Time to File Answer re 1 Complaint REFERRED to Clerk. (Deputy Clerk - SDF)

6 Dec. 6, 2006

ORDER granting 4 Motion for Extension of Time to Answer. Mexican Express Amigos, Inc. answer due 1/3/2007; Mexican Express Carolina, Inc. answer due 1/3/2007. . Signed by Michael Brooks, Acting Clerk of Court on 12/6/2006.- cys served (Deputy Clerk - SDF) (Entered: 12/06/2006)

RECAP
7 Jan. 3, 2007

ANSWER to Complaint with Jury Demand by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc..(Bentz, Curtis) (Entered: 01/03/2007)

RECAP
8 Jan. 3, 2007

REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk - SDF, ) (Entered: 01/03/2007)

RECAP
Jan. 3, 2007

Set Deadlines: Discovery Plan due by 2/17/2007. (Deputy Clerk - SDF, ) (Entered: 01/03/2007)

PACER
Jan. 3, 2007

Set Deadlines: Discovery Plan due by 2/17/2007. (Deputy Clerk - SDF, )

9 Feb. 9, 2007

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission.(Cohen, Kerith) (Entered: 02/09/2007)

RECAP
10 Feb. 26, 2007

SCHEDULING ORDER: Reports from retained experts due by 7/31/2007, and from rebuttal experts by 8/31/2007; All Discovery completed by 10/31/2007; All potentially dispositive motions shall be filed by 11/30/2007. The matter will be set for trial by separate order. Signed by Judge James C. Dever III. Signed by Judge James C. Dever III on 2/26/2007. -cys served (Deputy Clerk - SDF, ) (Entered: 02/26/2007)

RECAP
11 May 30, 2007

AMENDED ANSWER to Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 05/30/2007)

RECAP
12 Oct. 9, 2007

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Cohen, Kerith) (Entered: 10/09/2007)

RECAP
13 Oct. 10, 2007

ORDER granting 12 Joint Motion for Extension of Time. It is ORDERED that all discovery will be concluded by December 31, 2007, and all potentially dispositive motions will be filed by January 30, 2008. Signed by Judge James C. Dever III on 10/10/2007. (Deputy Clerk - JRH) (Entered: 10/10/2007)

RECAP
Oct. 10, 2007

Motion Submitted: 12 Joint MOTION for Extension of Time to Complete Discovery SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH) (Entered: 10/10/2007)

PACER
Oct. 10, 2007

Motion Submitted: 12 Joint MOTION for Extension of Time to Complete Discovery SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH)

14 Jan. 7, 2008

Consent MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree) (Cohen, Kerith) (Entered: 01/07/2008)

RECAP
15 Jan. 8, 2008

CONSENT DECREE: With the consent of the parties, this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 20 of the document. Signed by Judge James C. Dever III on 1/8/2008. (Deputy Clerk - JRH ) (Entered: 01/08/2008)

RECAP
Jan. 8, 2008

Motion Submitted: 14 MOTION for Entry of Consent Decree SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH ) (Entered: 01/08/2008)

PACER
Jan. 8, 2008

Motion Submitted: 14 MOTION for Entry of Consent Decree SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH )

Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: Jan. 8, 2013

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

Mexican Express Amigos, Inc.

Mexican Express Carolina, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of North Carolina 2:06-cv-00033

Available Documents:

Complaint (any)

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

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 25000

Order Duration: 2008 - 2013

Issues

General/Misc.:

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

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