U.S. Equal Employment Opportunity Commission v. Mexico Restaurant, Inc. et al
| U.S. Equal Employment Opportunity Commission |
| Mexico Restaurant, Inc. and Does 1-5 Inclusive |
| 1:2022cv00430 |
| September 29, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing 32
CONSENT DECREE; ORDER - Signed by JUDGE JILL A. OTAKE on 9/29/2023. (eta)
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| Filing 31 EP:CONFIDENTIAL SETTLEMENT CONFERENCE and SETTLEMENT ON THE RECORD held via video teleconference ("VTC") on 7/28/2023.The following also participated by VTC: Defendant representatives Agustin Cardenas Torres and Juana Cardenas Torres.Settlement Conference (No Record: 10:00 a.m. - 2:37 p.m.):Discussion had. Court extended mediator's proposal. Settlement reached.Settlement on the Record (ZOOM: 2:38 p.m. - 2:53 p.m.):Court recited the material and essential terms of the settlement.Further clarification provided by the Court and counsel. Parties, through counsel, confirmed and consented to the settlement terms as recited by the Court and further clarified.Court finds the essential terms of a binding and enforceable settlement have been set forth in the record of this proceeding.Consent decree due by 9/28/2023 and to be submitted to District Judge Otake at Otake_Orders@hid.uscourts.gov, with courtesy copy to Trader_Orders@hid.uscourts.gov.Trial date and all further deadlines and court dates are VACATED.Court to retain jurisdiction for limited time period to effectuate settlement. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673 (1994).To monitor status, Court sets a Telephone Conference for 10/12/2023 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Should the consent decree be filed prior, the Court will automatically vacate the 10/12/2023 Telephone Conference.(No Record / 10:00 - 2:37 p.m.)(ZOOM / 2:38 - 2:53 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 30 EP: TELEPHONE CONFERENCE held on 6/20/2023.Discussion had. Parties report progress regarding terms of a potential consent decree. Defendant provided Government with financial records. Government to retain expert to review Defendant's financial records which should be completed in 30 days. Thereafter, Government anticipates being ready to re-engage in settlement discussions with Court's assistance. Defendant ready for further settlement discussions. Court sets further Early Settlement Conference for 7/28/2023 at 10:00 a.m. before Magistrate Judge Trader via video teleconference ("VTC"). Brief updated confidential settlement conference statements due by 7/21/2023 and shall be delivered (one set, hard copy) to the Clerk's Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov. The courtroom manager will separately provide participants with instructions and information to connect by VTC prior to the date of the Settlement Conference.Discussion had as to upcoming deadlines. Based upon the parties' agreement and the Court's finding of good cause, the Court EXTENDS the Government's deadline to file motions for leave to join additional parties or to amend pleadings from 6/27/2023 to 8/4/2023. All other deadlines to remain as presently set, subject to further discussion following the 7/28/2023 Early Settlement Conference. (ZOOM / 8:35 - 8:51 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 29 EO: Per Defendant's request, the Telephone Conference set for 5/31/2023 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 6/20/2023 at 08:30 AM. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 28 EO: Due to a conflict in the Court's schedule, the Telephone Conference set for 5/26/2023 at 11:00 AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 5/31/2023 at 09:00 AM.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 26 EP: CONFIDENTIAL SETTLEMENT CONFERENCE held via video teleconference ("VTC"). The following also participated by VTC: EEOC Regional Counsel Taylor Markey; and Defendant representatives Agustin Cardenas Torres and Juana Cardenas Torres. Discussion had. No settlement. Court sets Telephone Conference for 5/26/2023 at 11:00 a.m. before Magistrate Judge Trader. Parties to submit brief joint status report to Trader_Orders@hid.uscourts.gov by 5/19/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free). Meeting ID: 161 5641 6035. To facilitate further settlement discussions, the Court sets the following deadlines: Plaintiff to send Defendant draft consent decree by 4/14/2023; Defendant to provide Plaintiff with redline of draft consent decree by 4/21/2023; and Defendant to make best efforts to provide requested financial documentation to Plaintiff by 4/21/2023. To conserve litigation resources and provide the parties opportunity to further explore settlement, parties agree to STAY discovery through 5/26/2023. (ZOOM (No Record) / 11:00 am - 1:00 pm) (MAGISTRATE JUDGE ROM TRADER) (jo) |
| Filing 25 EP: Telephone Conference held on 3/30/2023. Discussion had. Court informs parties that the 4/14/2023 Early Settlement Conference will be re-scheduled due to a conflict in the Court's schedule. Government reports settlement demand and proposed consent decree sent on 3/24/2023. Parties to confer regarding settlement proposal.Court ADVANCES the Early Settlement Conference from 4/14/2023 to 4/7/2023 at 11:00 a.m. before Magistrate Judge Trader by video teleconference ("VTC"). The courtroom manager will separately provide participants with instructions and information to connect by VTC prior to the date of the Settlement Conference.Brief confidential settlement conference statements are due by 4/6/2023 at 12:00 p.m. and shall be delivered (one set, hard copy) to the Clerk's Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov.Defendant to respond to Government's settlement demand by close of business on 4/4/2023. (ZOOM / 8:48 - 9:10 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 24 NOTICE of Appearance by Sophia Tarazi on behalf of U.S. Equal Employment Opportunity Commission on behalf of U.S. Equal Employment Opportunity Commission. (Tarazi, Sophia) |
| Filing 23 CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission [Plaintiff EEOC's Initial Disclosures Under Fed.R.Civ.P. 26(a)] (Yau, Eric) |
| Filing 22 CERTIFICATE OF SERVICE by Mexico Restaurant, Inc. Re: Defendant Mexico Restaurant, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) (Belcaid, Christine) |
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Filing 21
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 1/20/2023. (adi)
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| Filing 20 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE hearing held. Discussion had. Parties amenable to an early settlement conference in April and are cooperating as to targeted informal discovery.Discussion had regarding identities and number of possible class members. Currently, the Government has identified only one charging party.Court sets Early Settlement Conference for 4/14/2023 at 10:00 a.m. before Magistrate Judge Trader via video teleconference ("VTC"). The courtroom manager will separately provide participants with instructions and information to connect by VTC prior to the date of the Settlement Conference.Brief confidential settlement conference statements are due 4/7/2023 and shall be delivered (one set, hard copy) to the Clerks Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov.In preparation for the 4/14/2023 Early Settlement Conference, the Court directs the exchange of settlement demands as follows: Government to send settlement demand by 3/24/2023. Defendant to respond by no later than 3/31/2023.To gauge readiness for the 4/14/2023 Early Settlement Conference, the Court sets a Telephone Conference for 3/30/2023 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Rule 16 Scheduling Order to issue.Dates given:Jury Selection/Trial is set for 4/22/2024 at 9:00 AM in Aha Kanawai before DISTRICT JUDGE JILL A. OTAKE. Final Pretrial Conference is set for 4/8/2024 at 10:00 AM in Aha Kanawai before DISTRICT JUDGE JILL A. OTAKE. Telephonic Final Pretrial Conference is set for 3/12/2024 at 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Telephonic Settlement Conference is set for 1/18/2024 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 11/24/2023. Discovery due by 11/24/2023.Other Matters: Court sets Telephone Conference for March 30, 2023 at 8:45 AM before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below.Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. An Early Settlement Conference is set for April 14, 2023 at 10:00 AM before Magistrate Judge Trader via video teleconference ("VTC"). Confidential Early Settlement Conference Statements due by April 7, 2023. The parties are directed to review the General Civil Case Procedures Before Judge Otake available on the court's website.(adi) |
| Filing 19 Scheduling Conference Statement Defendant Mexico Restaurant, Inc.'s Scheduling Conference Statement. (Belcaid, Christine) |
| Filing 18 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Yau, Eric) |
| Filing 17 CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission re #16 Report of Planning Meeting [Joint Report of Meeting and [Proposed] Discovery Plan Pursuant to FRCP 26(f) and LR 26.1] (Yau, Eric) |
| Filing 16 REPORT of Planning Meeting [Joint Report of Meeting and [Proposed] Discovery Plan Pursuant to FRCP 26(f) and LR 26.1]. (Yau, Eric) |
| Filing 15 Corporate Disclosure Statement by Mexico Restaurant, Inc.. (Belcaid, Christine) |
| Filing 14 ANSWER to #1 Complaint, by Mexico Restaurant, Inc..(Belcaid, Christine) |
| Filing 13 CERTIFICATE OF SERVICE by Mexico Restaurant, Inc. Re: (1) Defendant Mexico Restaurant, Inc.'s First Request for Production of Documents to Plaintiff; and (2) Defendant Mexico Restaurant, Inc.'s First Request for Answers to Interrogatories to Plaintiff] (Belcaid, Christine) |
| Filing 12 NOTICE of Appearance by Richard Malcolm Crum on behalf of Mexico Restaurant, Inc. on behalf of Mexico Restaurant, Inc.. (Crum, Richard) |
| Filing 11 NOTICE of Appearance by Corianne W. Lau on behalf of Mexico Restaurant, Inc. on behalf of Mexico Restaurant, Inc.. (Lau, Corianne) |
| Filing 10 NOTICE of Appearance by Christine K.D. Belcaid on behalf of Mexico Restaurant, Inc. on behalf of Mexico Restaurant, Inc.. (Belcaid, Christine) |
| Filing 9 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. Mexico Restaurant, Inc. waiver sent on 10/6/2022, answer due 12/5/2022. (Attachments: #1 Executed Waiver of Service of Summons)(Yau, Eric) |
| Filing 8 EO: Per parties' joint request, the Telephonic Rule 16 Scheduling Conference set for 11/28/2022 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 1/19/2023 at 09:00AM. Scheduling conference statements must be filed by 1/12/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 7 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) |
| Filing 6 Summons Issued as to Mexico Restaurant, Inc. (jni) |
| Filing 5 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 11/28/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/29/2022. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00430 JAO-RT on all further pleadings. (jni) |
| Filing 2 Summons (Proposed) (Park, Anna) |
| Filing 1 COMPLAINT - Title VII Harassment, Retaliation, Failure to Preserve Records; Jury Trial Demand against Does 1-5, Inclusive, Mexico Restaurant, Inc., filed by U.S. Equal Employment Opportunity Commission. (Attachments: #1 Civil Cover Sheet)(Park, Anna) Modified on 9/29/2022 (jni) |
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