Case: EEOC v. CACTUS-LANCASTER, LLC

2:04-cv-04584 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 29, 2004

Closed Date: 2008

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Case Summary

In September 2004 the Philadelphia District Office of the EEOC brought this lawsuit against restaurant service provider Cactus-Lancaster, LLC and Mr. Brett R. Austin, doing business as Cactus Willie's Steak Buffet, in the U.S. District Court for the Eastern District of Pennsylvania 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 defendant subjected the two charging parties, female employees, and a class of similarly situated persons to a sexually hostile work environment and retaliation for opposition of this activity. After one scheduling conference and a settlement conference before the District Judge, the parties settled the dispute in September 2005 through a consent decree. The consent decree required the defendant to: refrain from participating in discrimination or retaliation, to develop an anti-discrimination policy, to distribute this policy to empoyees, to provide anti-discrimination training, and to provide a Toll-Free number for employees to lodge complaints. Additionally, the defendant was required to pay $100,000, to be distributed among 6 claimants. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

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Summary Authors

Keri Livingston (10/1/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

	Document
2:04-cv-04584	Docket (PACER) EEOC v. Austin	Sept. 13, 2005	Sept. 13, 2005 Docket
2 2:04-cv-04584	First Amended Complaint EEOC v. Cactus-Lancaster, LLC	Nov. 16, 2004	Nov. 16, 2004 Complaint
16 2:04-cv-04584	Order [Dismissing Action] EEOC v. Cactus-Lancaster, LLC	June 27, 2005	June 27, 2005 Order/Opinion
17 2:04-cv-04584	Consent Decree EEOC v. Cactus-Lancaster	Sept. 13, 2005	Sept. 13, 2005 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
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…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 23, 2025, 9:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against BRETT R. AUSTIN , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) (Entered: 09/29/2004)	Sept. 29, 2004	Sept. 29, 2004
	DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 09/29/2004)	Sept. 29, 2004	Sept. 29, 2004
2	FIRST AMENDED COMPLAINT AGAINST CACTUS-LANCASTER, LLC FILED BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JURY DEMAND.(ac, ) (Entered: 11/17/2004)	Nov. 16, 2004	Nov. 16, 2004
	Summons Issued as to CACTUS-LANCASTER, LLC. Forwarded To: Counsel on 11/17/04 (ac, ) (Entered: 11/17/2004)	Nov. 16, 2004	Nov. 16, 2004
3	WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. CACTUS-LANCASTER, LLC waiver sent on 11/17/2004, answer due 1/18/2005. (wgc, ) (Entered: 12/15/2004)	Dec. 14, 2004	Dec. 14, 2004
4	APPLICATION for Pro Hac Vice Admission of Jay R. Fries on behalf of CACTUS-LANCASTER, LLC. (wgc, )Motion, Statement, Certificate of Service Modified on 1/13/2005 (wgc, ). Additional attachment(s) added on 2/4/2005 (bj, ). (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
5	APPLICATION for Pro Hac Vice Admission of Kathleen Talty on behalf of CACTUS-LANCASTER, LLC. Motion, Statement, Certificate of Service (wgc, ) Additional attachment(s) added on 2/4/2005 (bj, ). (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
6	ANSWER to First Amended Complaint with Affirmative Defenses by CACTUS-LANCASTER, LLC, Cert of Serv.(jmp, ) (Entered: 01/18/2005)	Jan. 14, 2005	Jan. 14, 2005
7	ORDER THAT THE APPLICATION OF JAY R. FRIES, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT, CACTUS-LANCASTER, LLC IS GRANTED. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/19/05. 1/19/05 ENTERED AND COPIES MAILED.(fdc) (Entered: 01/19/2005)	Jan. 19, 2005	Jan. 19, 2005
8	ORDER THAT THE APPLICATION OF KATHLEEN A. TALTY, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT, CACTUS-LANCASTER, LLC IS GRANTED. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/19/05. 1/19/05 ENTERED AND COPIES MAILED.(fdc) (Entered: 01/19/2005)	Jan. 19, 2005	Jan. 19, 2005
9	ORDER THAT A RULE 16 CONFERENCE WILL BE HELD ON 2/7/2005 AT 09:30 AM.. SIGNED BY JUDGE JUAN R. SANCHEZ ON 1/24/05. 1/27/05 ENTERED AND COPIES MAILED AND E-MAILED.(afm, ) (Entered: 01/27/2005)	Jan. 27, 2005	Jan. 27, 2005
10	MOTION to Strike Appearance of John Kruchko, Esq. as Local Counsel and Substitute Jonathan Krause, Esq. as Local Counsel for Defendant filed by CACTUS-LANCASTER, LLC.Certificate of Service.(FRIES, JAY) (Entered: 02/04/2005)	Feb. 4, 2005	Feb. 4, 2005
11	ORDER THAT THE APPEARANCE OF JOHN G. KRUCHKO, ESQ. AS LOCAL COUNSEL FOR DEFENDANT, CACTUS-LANCASTER, LLC, IS STRICKEN AND THE APPEARANCE OF JONATHAN KRAUSE, ESQ. MORGAN,LEWIS & BOCKIUS LLP IS ENTERED AS LOCAL COUNSEL FOR DEFENDANTS . SIGNED BY JUDGE JUAN R. SANCHEZ ON 02/04/05. 02/07/05 ENTERED AND COPIES MAILED.(ac, ) (Entered: 02/07/2005)	Feb. 7, 2005	Feb. 7, 2005
12	ORDER THAT THE FOLLOWING DEADLINES ARE SET IN THIS CASE: FINAL PRETRIAL CONFERENCE SET FOR 9/7/2005 09:00 AM BEFORE HONORABLE JUAN R. SANCHEZ. DISCOVERY DUE BY 7/7/2005. MOTIONS DUE BY 7/21/2005. PLAINTIFF PRETRIAL MEMO DUE BY 8/4/2005. DEFENDANT PRETRIAL MEMO DUE BY 8/11/2005. TRIAL POOL SET FOR 10/11/2005.. SIGNED BY JUDGE JUAN R. SANCHEZ ON 2/7/05. 2/8/05 ENTERED AND COPIES MAILED AND E-MAILED.(wgc, ) (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005
13	Minute Entry for proceedings held before Judge JUAN R. SANCHEZ : Pretrial Conference held on 02/07/05. (ac, ) (Entered: 02/11/2005)	Feb. 11, 2005	Feb. 11, 2005
14	ORDER THAT A SETTLEMENT CONFERENCE IS SCHEDULED FOR JUNE 1, 2005, AT 11:00 A.M. IN COURTROOM TBA. SIGNED BY JUDGE JUAN R. SANCHEZ ON 05/13/05. 05/13/05 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 05/13/2005)	May 13, 2005	May 13, 2005
15	Minute Entry for proceedings held before Judge JUAN R. SANCHEZ : Settlement Conference held on 06/01/05. (ac, ) (Entered: 06/07/2005)	June 7, 2005	June 7, 2005
16	ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JUAN R. SANCHEZ ON 06/24/05. 06/28/05 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 06/28/2005)	June 27, 2005	June 27, 2005
17	CONSENT DECREE WITH COURT APPROVAL THAT SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WHICH WERE RAISED BY THE EEOC IN ITS COMPLAINT. SIGNED BY JUDGE JUAN R. SANCHEZ ON 09/13/05. 09/14/05 ENTERED AND COPIES MAILED.(ac, ) (Entered: 09/14/2005)	Sept. 13, 2005	Sept. 13, 2005