Case: EEOC v. American Seafood Partners, LTD

6:98-cv-01187 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 29, 1998

Closed Date: July 8, 1999

Clearinghouse coding complete

Case Summary

In September 1998, the Albuquerque District Office of the EEOC filed this lawsuit against American Seafood Partners, Ltd. and Restaurant Management Company of Wichita, Inc. (doing business as Long John Silvers Inc.) in the U.S. District Court for the District of New Mexico alleging discrimination and retaliation on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the complainants, female employees, to a sexually hostile work environment, leading to constructive discharge in one circumstance and retaliation in another. Following some discovery, the parties settled the lawsuit in July 1999 through a consent decree. We do not have a copy of the consent decree; therefore, the exact relief involved is unknown.

Summary Authors

David Friedman (10/12/2007)

Documents in the Clearinghouse

Document

6:98-cv-01187

Docket (PACER)

July 8, 1999

July 8, 1999

Docket
1

6:98-cv-01187

Complaint

Sept. 29, 1998

Sept. 29, 1998

Complaint

Resources

Docket

Last updated March 26, 2025, 8:37 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/jury trial demanded ( 1 Summons(es) issued) (referred to Chief Magistrate William Deaton ) (bap) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

2

WAIVER OF SERVICE upon defts American Seafood and Restaurant Mgmt on 11/10/98 (rd) (Entered: 11/23/1998)

Nov. 13, 1998

Nov. 13, 1998

3

MOTION by defendants to extend time to answer until 1/22/99 (dmw) (Entered: 12/18/1998)

Dec. 17, 1998

Dec. 17, 1998

4

ORDER by Chief Magistrate William Deaton granting defts' motion to extend time to answer complaint until 1/22/99 [3-1] (cc: all counsel) (dmw) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

5

ANSWER by defendants [1-1] (jrm) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

6

INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set on 3/17/99 at 9:30 am; provisional discovery plan & IPTR due 3/8/99 (cc: all counsel, electronically) (dmw) (Entered: 01/28/1999)

Jan. 27, 1999

Jan. 27, 1999

7

PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 03/04/1999)

March 3, 1999

March 3, 1999

8

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 3/15/99 (vv) (Entered: 03/17/1999)

March 16, 1999

March 16, 1999

9

ORDER by Chief Magistrate William Deaton Discovery cutoff 7/30/99 (cc: all counsel, electronically) (dmw) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

10

ORDER by Chief Magistrate William Deaton setting settlement conference on 7/8/99 at 2:00 pm (cc: all counsel, electronically) (dmw) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

11

CLERK'S MINUTES: before Chief Magistrate William Deaton Rule 16 scheduling conference held 3/17/99 (dmw) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

12

MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Judge C LeRoy Hansen to Circuit Judge Paul Kelly Jr (CLERK: dmw) (cc: all counsel) (dmw) (Entered: 03/29/1999)

March 29, 1999

March 29, 1999

13

INITIAL PRE-TRIAL REPORT Judge Martha Vazquez and Chief Magistrate William Deaton; Discovery set for 7/30/99; mtn filing ddl set for 9/27/99; proposed pretrial order due 10/14/99; pretrial conference set for 10:00 am on 1/20/2000 ; jury trial set for 9:00 am on 2/14/2000 both in Santa Fe NM; Estimated # of Trial Days: 5-7; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 04/08/1999)

April 8, 1999

April 8, 1999

15

ORDER by Chief Magistrate William Deaton extending dates for expert disclosure; pltf to 6/16/99; deft to 7/14/99; expert discovery 8/16/99 (cc: all counsel, electronically) (former employee) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

16

ORDER by Chief Magistrate William Deaton staying discovery until 6/21/99 & scheduling telephone conference call on 6/21/99 at 8:30 am (cc: all counsel, electronically) (dmw) (Entered: 05/21/1999)

May 20, 1999

May 20, 1999

17

MINUTE ORDER: Case reassigned from Judge Paul J Kelly to Judge Martha Vazquez (cc: all counsel, electronically) (dmw) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

18

ORDER by Chief Magistrate William Deaton vacating settlement conference Status hearing set on 7/19/99 at 9:00 am (cc: all counsel, electronically) (dmw) (Entered: 06/18/1999)

June 18, 1999

June 18, 1999

19

ORDER by Judge Martha Vazquez dismissing case by the CONSENT DECREE entered into by the parties (cc: all counsel) (mjr) (Entered: 07/08/1999)

July 8, 1999

July 8, 1999

Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 1998

Closing Date: July 8, 1999

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

American Seafood Partners, Ltd.

American Seafood Partners, Ltd.

Restaurant Management Company of Wichita, Inc.

Restaurant Management COmpany of Wichita, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 6:98-cv-01187

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

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