Case: EEOC v. CANYON LAKE PROPERTY OWNER'S ASSOCIATION (d/b/a COUNTRY CLUB RESTAURANT)

5:03-cv-01118 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles District Office of the EEOC filed this lawsuit against Canyon Lake Property Owner's Association, doing business as Country Club Restaurant, and six Does alleging discrimination on the basis of sex, female, and retaliation in violation of Title VII of the Civil Rights Act of 1964. It appears from the EEOC press release that the defendant subjected two female dishwashers and other female employees in its restaurant to a sexually hostile work environment and ret…

In September 2003, the Los Angeles District Office of the EEOC filed this lawsuit against Canyon Lake Property Owner's Association, doing business as Country Club Restaurant, and six Does alleging discrimination on the basis of sex, female, and retaliation in violation of Title VII of the Civil Rights Act of 1964. It appears from the EEOC press release that the defendant subjected two female dishwashers and other female employees in its restaurant to a sexually hostile work environment and retaliated against the charging party after she complained. The complaint specifically alleges that defendants subjected complainants to unwanted touching and derogatory comments. Complainant additionally alleges that the defendant responded to her reports of harassment by terminating her employment. Following some discovery and referral to mediation, the parties settled the lawsuit in April 2005 through a consent decree.

The three-year decree, containing an anti-retaliation clause, required the defendant to: report on complaints and make other compliance reports to the EEOC, keep records, retain an EEO consultant, develop an anti-discrimination policy, post and distribute notice of employee rights, provide annual training to all staff, implement a complaint resolution process, alter its performance evaluations for supervisors and managers to include compliance with anti-discrimination and retaliation policies, and pay $285,000 to be distributed among two individuals and a class fund administered by the EEOC. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (1/12/2008)

Documents in the Clearinghouse

Document

5:03-cv-01118

Docket (PACER)

EEOC v. Canyon Lake Prop, et al

April 11, 2005

April 11, 2005

Docket
1

5:03-cv-01118

Complaint

EEOC v. Canyon Lake Property Owner's Association

Sept. 29, 2003

Sept. 29, 2003

Complaint
33

5:03-cv-01118

Consent Decree; Order

EEOC v. Canyon Lake Property Owner's Association

April 11, 2005

April 11, 2005

Settlement Agreement

5:03-cv-01118

EEOC Litigation Settlement Report (April 2005)

EEOC v. Canyon Lake Property Owner's Association

No Court

April 13, 2005

April 13, 2005

Press Release

Resources

Docket

Last updated Aug. 4, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed 20-day Summons issued referred to Discovery Stephen G. Larson (ad) (Entered: 10/03/2003)

Sept. 29, 2003

Sept. 29, 2003

2

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff (ad) (Entered: 10/03/2003)

Sept. 29, 2003

Sept. 29, 2003

3

MOTION by plaintiff EEOC for leave to permit appearance of government attorney ; Lodged Proposed Order (ad) (Entered: 10/03/2003)

Sept. 29, 2003

Sept. 29, 2003

4

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed (ad) (Entered: 10/03/2003)

Sept. 29, 2003

Sept. 29, 2003

5

AMENDED MOTION by plaintiff EEOC for leave to permit Connie K Liem to practice before this Court ; Lodged Order (ad) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

6

ORDER by Judge Robert J. Timlin on Amended Motion for leave to permit Connie K Liem to practice before this Court [5-1]: IT IS HEREBY ORDERED that Connie Liem be permitted to practice before the bar of this court in all matters relating to the US Equal Employment Opportunity Commission during her employment by the United States of America (ad) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

7

WAIVER OF SERVICE of SUMMONS by defendant Canyon Lake Property Owners Association sent by plf on 10/3/03 (ad) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

8

ANSWER filed by defendant Canyon Lake Prop to complaint [1-1] (ad) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

9

CERTIFICATE OF INTERESTED PARTIES filed by defendant (ad) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

10

NOTICE by defendant Canyon Lake Prop of Appearance by attorneys David D Kadue and Hayley E Macon on behalf of defendant (ad) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

11

AMENDED CERTIFICATE OF INTERESTED PARTIES filed by defendant (ad) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

12

MINUTES: ORDER SETTING SCHEDULING CONFERENCE-(FRCP 16(b)): This matter is set for a Scheduling Conference 5/10/2004 11:30 AM by Honorable Robert J. Timlin; Court Reporter: NONE (ad, ) (Entered: 01/16/2004)

Jan. 13, 2004

Jan. 13, 2004

13

NOTICE filed by plaintiff Equal Employment Opportunity Commission to Clerk (ad, ) (Entered: 01/21/2004)

Jan. 15, 2004

Jan. 15, 2004

14

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 5-10 days. (mrgo, ) (Entered: 01/30/2004)

Jan. 29, 2004

Jan. 29, 2004

15

ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney David D Kadue, Connie Liem, Hayley E Macon on behalf of Defendant Canyon Lake Property Owner's Association, Plaintiff Equal Employment Opportunity Commission.(mrgo, ) (Entered: 01/30/2004)

Jan. 29, 2004

Jan. 29, 2004

16

ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Robert J. Timlin, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference; The Court further sets a Further Scheduling conference on 3/4/05 at 1:30 PM.(ad, ) (Entered: 05/11/2004)

May 10, 2004

May 10, 2004

Set Hearings: Scheduling Conference set for 3/4/2005 01:30 PM before Honorable Robert J. Timlin. (ad, ) (Entered: 05/11/2004)

May 10, 2004

May 10, 2004

17

MINUTES: SCHEDULING CONFERENCE (TELEPHONIC): Court and counsel discuss the management of the case. Court ORDERS all proceeding suspended except discovery necessary for settlement. Said discovery shall be completed not later than 2/1/05; Court continues the Scheduling Conference to 3/4/2005 01:30 PM (TELEPHONIC) by Judge Robert J. Timlin; Court Reporter: Phyllis Preston (ad, ) (Entered: 05/11/2004)

May 10, 2004

May 10, 2004

18

NOTICE OF RANDOM SELECTION of Attorney Settlement Officer under the ADR Pilot Program filed. ADR Coordinator randomly selected Attorney Settlement Officer Walter Weiss to conduct settlement conference.(jp, ) (Entered: 05/26/2004)

May 24, 2004

May 24, 2004

19

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties request that Program Coordinator randomly assign Attorney Settlement Officer from the following area of law: employment discrimination(ad, ) (Entered: 05/28/2004)

May 24, 2004

May 24, 2004

21

ORDER (1) AMENDING ORDER, DATED DECEMBER 19, 2000 AND (2) DIRECTING NO ORAL ARGUMENT ON MOTIONS IN CIVIL ACTIONS (See document for details), by Judge Robert J. Timlin. (de, ) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

22

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendant Canyon Lake Property Owner's Association. Motion set for hearing on 1/24/2005 at 10:00 AM before Honorable Robert J. Timlin. Lodged proposed order; statement. (mrgo, ) (Entered: 12/17/2004)

Dec. 15, 2004

Dec. 15, 2004

FAX number for Attorney Anne E Jollay, David D Kadue is 310-201-5219. (mrgo, ) (Entered: 12/17/2004)

Dec. 15, 2004

Dec. 15, 2004

23

MEMORANDUM in Support of its MOTION for Partial Summary Judgment[22] filed by plaintiff Canyon Lake Property Owner's Association. (mrgo, ) (Entered: 12/17/2004)

Dec. 15, 2004

Dec. 15, 2004

24

APPENDIX OF EXHIBITS in support of defendant's MOTION for Partial Summary Judgment[22] filed by defendant Canyon Lake Property Owner's Association. (mrgo, ) (Entered: 12/17/2004)

Dec. 15, 2004

Dec. 15, 2004

25

PROOF OF SERVICE filed by defendant Canyon Lake Property Owner's Association re Memorandum in Support of Motion[23], Motion Related Document[24], MOTION for Partial Summary Judgment[22], was served on 12/13/04. (mrgo, ) (Entered: 12/17/2004)

Dec. 15, 2004

Dec. 15, 2004

26

JOINT STIPULATION FOR CONTINUANCE ON DATES Regarding Defendants Motion for Partial Summary Judgment and Discovery Cut-Off, AND ORDER. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: The hearing date on Defendants Motion for Partial Summary Judgment is continued to 2/7/05; Plaintiffs Opposition to such motion will be filed and served via facsimile no later than 1/21/05; Defendants reply to such opposition will be filed and served via facsimile no later than 1/31/05; Discovery cut-off date is continued to 4/1/05; and The previously scheduled Court status conference for 3/4/05, is not affected, by Judge Robert J. Timlin. (de, ) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

27

JOINT STIPULATION FOR CONTINUANCE ON DATES REGARDING DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT [22] AND ORDER. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: The hearing date on Defendants Motion for Partial Summary Judgment is continued to 2/22/05; Plaintiffs opposition to such motion will be due on 2/4/05; and Defendants reply to such opposition will be due 2/14/05, by Judge Robert J. Timlin. (de, ) (Entered: 01/20/2005)

Jan. 19, 2005

Jan. 19, 2005

28

STIPULATION AND ORDER by Judge Robert J. Timlin :for continuance on dates regarding defendant's MOTION for Partial Summary Judgment[22]. Responses due by 2/25/2005 Replies due by 3/7/2005. Motion re-set for hearing on 3/15/2005 at 10:00 AM before Honorable Robert J. Timlin.(mrgo, ) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

29

STIPULATION AND ORDER by Judge Robert J. Timlin: Motion for Partial Summary Judgment continued to hearing on 3/28/2005 at 10:00 AM before Honorable Robert J. Timlin. Plaintiff's Opposition to Motions due by 3/11/2005. Defendant's reply to such opposition will be due on March 21, 2005. IT IS SO

Feb. 25, 2005

Feb. 25, 2005

31

JOINT NOTICE AND STIPULATION OF SETTLEMENT AND ORDER by Judge Robert J. Timlin: Good cause having veen shown, IT IS ORDERED that all dates be vacated pending final settlement, that this Court retain jurisdiction over this matter, and that a Status Conference be scheduled for 4/15/2005 02:00 PM before Honorable Robert J. Timlin.(th) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

32

MINUTES OF PROCEEDINGS: ORDER REGARDING JOINT STATUS REPORT. ORDER by Judge Consuelo B. Marshall that the parties in the action to meet and confer within 10 days of date of this Order and to file a joint status report with 15 days thereafter consisting of not more than 2 pages. This report shall include: (1) Summary of the case (briefly describe the facts surrounding your case); (2) Status of the case (previous rulings, pending motions, what, if any, future action will be required); (3) Suggestion of procedures that would result in resolution of the case. **see document for further details**Court Reporter: none. (pbap, ) (Entered: 04/05/2005)

April 4, 2005

April 4, 2005

33

CONSENT DECREE by Judge Robert J. Timlin in favor of Equal Employment Opportunity Commission and against defendant Canyon Lake Property Owner's Association. Property Owner's Association (POA) shall pay a total of $285,000 to resolve this action. Charging party Dora Lemus shall receive $45,000 of which $3,000 shall be designated as backpay and the remaining $42,000 shall be designated as compensatory damages. Estela Montalvo shall receive $30,000 which shall be designated as compensatory damages. The balance of $210,000 shall be designated as the "Class Fund." Each party shall bear its own costs of suit and attorneys' fees. (See document for further specifics).(MD JS-6, Case Terminated)(mrgo, ) (Entered: 04/13/2005)

April 11, 2005

April 11, 2005

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 1, 2003

Closing Date: 2008

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

Canyon Lake Property Owner's Association (Canyon Lake, California), Private Entity/Person

Does 1-6, Private Entity/Person

Canyon Lake Property Owner's Association, 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: 285000

Order Duration: 2005 - 2008

Content of Injunction:

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Recordkeeping

Monitor/Master

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits