Case: EEOC v. CMC SERVICE OF CHICAGO LLC (d/b/a GREAT CLIPS FOR HAIR)

1:03-cv-06769 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 25, 2003

Closed Date: Nov. 23, 2004

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office in Chicago, Illinois brought this action against CMC Service of Chicago, LLC, doing business as Great Clips for Hair, a regional beauty salon franchise, in the U.S. District Court for the Northern District of Illinois. The complaint alleged, on behalf of a class of Hispanic employees, that the defendant violated Title VII of the Civil Rights Act of 1964, based on national origin, when it terminated employees who spoke any other language than English …

In September 2003, the EEOC district office in Chicago, Illinois brought this action against CMC Service of Chicago, LLC, doing business as Great Clips for Hair, a regional beauty salon franchise, in the U.S. District Court for the Northern District of Illinois. The complaint alleged, on behalf of a class of Hispanic employees, that the defendant violated Title VII of the Civil Rights Act of 1964, based on national origin, when it terminated employees who spoke any other language than English during working hours. After consenting to the exercise of jurisdiction by a magistrate judge and one settlement conference, the parties settled and a consent decree was entered in November 2004.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of national origin, pay the aggrieved parties at total of $75,000, post a consent decree notice, provide EEO training to all managers and assistant managers, adopt and distribute an anti-discrimination policy, and submit semiannual complaint/compliance reports to the EEOC. No fees or costs were awarded. The terms of the decree ran for two years.

Summary Authors

Jason Chester (7/17/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. CMC Svc of Chgo LLC

Nov. 23, 2004 Docket
1

Complaint

EEOC v. CMC Service of Chicago

Sept. 25, 2003 Complaint
28

Consent Decree

EEOC v. CMC Service of Chicago

Nov. 23, 2004 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Ann M Henry as attorney(s) for plaintiff ( no summons(es) ( Documents: 1-1 through 1-3) (air) (Entered: 09/26/2003)

Sept. 25, 2003

RECEIPT regarding payment of filing fee paid; on 9/25/03 in the amount of $150.00, receipt #1086052. (air) (Entered: 09/26/2003)

Sept. 25, 2003
2

WAIVER of service of summons as to defendant sent on 9/25/03. (air) (Entered: 10/20/2003)

Oct. 17, 2003
3

ATTORNEY APPEARANCE for defendant by James P. Nagle, John M. Sheahin. (air) (Entered: 11/25/2003)

Nov. 24, 2003
4

ANSWER by defendant to plaintiff's complaint [1-1]; Notice. (air) (Entered: 11/25/2003)

Nov. 24, 2003

SCHEDULE set on 12/2/03 by Hon. James F. Holderman : Status hearing set to 9:00 am on 1/13/04. The parties are directed to conduct an FRCP 26(f) conference and file a form 35 by 12/30/03. Mailed notice (jms) (Entered: 12/02/2003)

Dec. 2, 2003
5

WITHDRAWAL of appearance by plaintiff's counsel Noelle C. Brennan; Notice. (air) Modified on 12/04/2003 (Entered: 12/04/2003)

Dec. 3, 2003

SCHEDULE set on 1/13/04 by Hon. James F. Holderman : Status hearing held. Court adopts the parties' discovery schedule. Plaintiff is given to 3/31/04 and defendant is given to 4/30/04 to amend all pleadings and join any additional parties unless prejudice may result. All fact discovery shall be completed by 7/15/04. Plaintiff shall comply with FRCP 26(a)(2) 8/13/04. Defendant shall comply with FRCP 26(a)(2) by 9/15/04. All expert discovery shall be completed by 10/1/04. All dispositive motions with supporting memoranda are to be filed by 10/15/04. Response is to b filed by 11/5/04. Reply is due 11/19/04. Court will rule by mail. The parties shall submit the joint final pretrial order with all motions in limine and supporting memoranda as outlined in open court by 2/4/05. Responses are due 2/11/05. Pretrial conference set to 4:00 pm on 2/24/05. Trial set to 9:00 am on 3/7/05. No notice, advised in open court (jms) (Entered: 01/13/2004)

Jan. 13, 2004
7

MINUTE ORDER of 1/14/04 by Hon. Nan R. Nolan: Initial status set for 9:00 a.m. on 1/22/04 before Magistrate Judge Nolan in courtroom 1858. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. For further details see attached standing order. Notices mailed by judge's staff (air) (Entered: 01/15/2004)

Jan. 14, 2004
8

REFERRAL ORDER of 1/14/04 The case is referred to the Hon. Nan R. Nolan from the Hon. James F. Holderman pursuant to Local Rule 72.1 regarding all discovery motions, discovery supervision, settlement conference. Any motions to extend the set discovery and trial schedule are to be noticed for hearing before Judge Holderman. (For further detail see order.) Mailed notice (air) (Entered: 01/15/2004)

Jan. 14, 2004

SCHEDULE set on 1/22/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 3/23/04 . Mailed notice (hmb) (Entered: 01/22/2004)

Jan. 22, 2004
9

MOTION by defendant for protective order (Attachment); Notice. (air) (Entered: 03/22/2004)

March 18, 2004
10

MINUTE ORDER of 3/19/04 by Hon. Nan R. Nolan: Defendant's motion for protective order is denied [9-1] for the reasons stated on the reverse of this minute order. Status hearing set for 3/23/04 at 9:00 a.m. stands. Notice mailed by judge's staff (air) (Entered: 03/22/2004)

March 19, 2004
11

MINUTE ORDER of 3/22/04 by Hon. Nan R. Nolan: This matter is before the court on the parties' agreed protective order. The agreed protective order seeks to limit from public disclosure "the social security number, home address, and home telephone number of any job applicant, employee, or former employee of defendant CMC Service of Chicago, LLC; financial or tax information of defendant; and medical, psychological, financial or tax information of any job applicant, employee, or former employee of defendant." The court finds that good cause exists to enter a protective order with respect to the public disclosure of the social security number, unlisted home address and telephone number, medical, psychological, financial or tax information of any job applicant, employee, or former employee of defendant as well as financial or tax information of defendant that has not been disclosed publicly. The agreed protective order shall be revised accordingly. Notice mailed by judge's staff (air) (Entered: 03/23/2004)

March 22, 2004

SCHEDULE set on 3/23/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 6/17/04 . Mailed notice (hmb) (Entered: 03/23/2004)

March 23, 2004
12

ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason. (air) (Entered: 03/31/2004)

March 30, 2004
13

MOTION by plaintiff for leave to file first amended complaint and to file first amended complaint instanter (Attachment); Notice. (air) (Entered: 04/09/2004)

March 30, 2004
14

MINUTE ORDER of 4/8/04 by Hon. James F. Holderman: Plaintiff's motion for leave to file an amended complaint instanter is granted [13-1]. Mailed notice (air) (Entered: 04/09/2004)

April 8, 2004

SCHEDULE set on 5/13/04 by Hon. Nan R. Nolan : Status hearing re-set to 9:00 a.m. on 6/9/04. Status hearing of 6/17/04 is stricken at the parties request. Mailed notice (hmb) (Entered: 05/13/2004)

May 13, 2004

SCHEDULE set on 6/9/04 by Hon. Nan R. Nolan : Status hearing held and continued to 9:00 8/4/04 . No notice (tlp) (Entered: 06/09/2004)

June 9, 2004
15

JOINT MOTION by parties to extend the discovery cut-off date to 8/31/04 ; Notice. (air) (Entered: 06/25/2004)

June 22, 2004
16

MINUTE ORDER of 6/24/04 by Hon. James F. Holderman: The joint motion to extend the discovery cut-off date is granted [15-1]. All fact discovery shall be completed by 8/31/04. The parties are advised that all other previously set dates shall stand and will not be extended. Telephoned notice (air) (Entered: 06/25/2004)

June 24, 2004
17

MOTION by defendant for leave to re-file its original answer (Attachment); Notice. (air) (Entered: 07/30/2004)

July 26, 2004
18

MINUTE ORDER of 7/29/04 by Hon. James F. Holderman: Defendant's motion for leave to re-file its original answer is granted [17-1]. Telephoned notice (air) (Entered: 07/30/2004)

July 29, 2004
19

ANSWER by defendant to plaintiff's first amended complaint [1-1]; Notice. (air) (Entered: 07/30/2004)

July 29, 2004

SCHEDULE set on 8/4/04 by Hon. Nan R. Nolan: Status hearing held and continued to 9/29/04 at 9:00 a.m. Mailed notice by judge's staff. (srb) (Entered: 08/15/2004)

Aug. 4, 2004
21

MOTION by defendant to compel plaintiff to respond to defendant's request for production of documents (Attachment); Notice. (air) (Entered: 08/20/2004)

Aug. 17, 2004
20

RESPONSE by plaintiff to defendant's motion to compel plaintiff to respond to defendant's request for production of documents. (air) (Entered: 08/19/2004)

Aug. 18, 2004
22

MINUTE ORDER of 8/19/04 by Hon. Nan R. Nolan: Defendant's motion to compel [21-1] is entered. Plaintiff to respond by 8/20/04. Ruling on the motion set for August 24, 2004 at 9:30 a.m. Mailed notice (air) (Entered: 08/20/2004)

Aug. 19, 2004
24

MINUTE ORDER of 8/31/04 by Hon. Nan R. Nolan: Pursuant to this court's order dated 8/24/04, the court has reviewed the plaintiff and husbands' 2002 joint tax return in camera and confirmed that there is no income reported for plaintiff for 2002. Mailed notice (air) (Entered: 09/02/2004)

Aug. 31, 2004

SCHEDULE set on 9/13/04 by Hon. Nan R. Nolan : Settlement conference held. Parties are to call chambers on 9/14/04 at 4:30 to report if settlement is accepted. no notice (hmb) (Entered: 09/14/2004)

Sept. 13, 2004
25

CONSENT by plaintiff to exercise of jurisdiction by a United States Magistrate Judge. (air) (Entered: 09/22/2004)

Sept. 17, 2004
26

CONSENT by defendant to exercise of jurisdiction by a United States Magistrate Judge. (air) (Entered: 09/22/2004)

Sept. 17, 2004

SCHEDULE set on 9/20/04 by Hon. Nan R. Nolan : Status hearing re-set for 11/17/04 at 9:00 a.m. Status hearing set for 9/29/04 at 9:00 a.m. is stricken. If agreed order of dismissal is filed prior to the status, appearance will not be necessary. Mailed notice (hmb) (Entered: 09/20/2004)

Sept. 20, 2004
27

REASSIGNMENT ORDER of 9/21/04 This case is reassigned to the Hon. Nan R. Nolan from the Hon. James F. Holderman pursuant to Local Rule 73.1. (For further detail see order.) Mailed notice (air) (Entered: 09/22/2004)

Sept. 21, 2004

SCHEDULE set on 11/16/04 by Hon. Nan R. Nolan : Status hearing reset to 9:00 11/24/04. Mailed notice (hmb) (Entered: 11/16/2004)

Nov. 16, 2004
28

MINUTE ORDER of 11/23/04 by Hon. Nan R. Nolan: The parties have agreed that this action should be resolved by entry of a consent decree. Status hearing set for 11/24/04 is stricken. This case is hereby dismissed. Each party to this decree shall bear its own expenses and costs terminating case . (Entered Consent Decree.) Notice mailed by judge's staff (air) Modified on 11/24/2004 (Entered: 11/24/2004)

Nov. 23, 2004

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 25, 2003

Closing Date: Nov. 23, 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

CMC Service of Chicago, LLC, 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: 75000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian