Case: U.S. Equal Employment Opportunity Commission v. Reggio's Pizza, Inc.

Equal Employment Opportunity Commission v. Reggio's Pizza, Inc.

U.S. Equal Employment Opportunity Commission v. Reggio's Pizza

Charles Ezell

President Donald Trump

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demandd. (Shultz, Miles) (Entered: 09/25/2024)

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demandd. (Shultz, Miles) (Entered: 09/25/2024)

CIVIL Cover Sheet (Shultz, Miles) (Entered: 09/26/2024)

CIVIL Cover Sheet (Shultz, Miles) (Entered: 09/26/2024)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 09/26/2024)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 09/26/2024)

case assigned

clerk's notice

clerk's notice

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (bi, )

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (bi, )

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 11/27/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) (Entered: 10/02/2024)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 11/27/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) (Entered: 10/02/2024)

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Reggio's Pizza, Inc. waiver sent on 9/27/2024, answer due 11/26/2024. (Shultz, Miles) (Entered: 10/03/2024)

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Reggio's Pizza, Inc. waiver sent on 9/27/2024, answer due 11/26/2024. (Shultz, Miles) (Entered: 10/03/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by R Delacy Peters, Jr (Peters, R) (Entered: 10/04/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by R Delacy Peters, Jr (Peters, R) (Entered: 10/04/2024)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Laurie S. Elkin (Elkin, Laurie) (Entered: 10/09/2024)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Laurie S. Elkin (Elkin, Laurie) (Entered: 10/09/2024)

Attorney Appearance by Reggio's Pizza, Inc. (Schumann, Anthony) (Entered: 11/18/2024)

Attorney Appearance by Reggio's Pizza, Inc. (Schumann, Anthony) (Entered: 11/18/2024)

Attorney Appearance by Reggio's Pizza, Inc. for Susan B. Frischer (Schumann, Anthony) (Entered: 11/18/2024)

Attorney Appearance by Reggio's Pizza, Inc. for Susan B. Frischer (Schumann, Anthony) (Entered: 11/18/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Anthony L. Schumann (Schumann, Anthony) (Entered: 11/19/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Anthony L. Schumann (Schumann, Anthony) (Entered: 11/19/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Susan Bryniarski Frischer (Frischer, Susan) (Entered: 11/19/2024)

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Susan Bryniarski Frischer (Frischer, Susan) (Entered: 11/19/2024)

STATUS Report by Equal Employment Opportunity Commission (Shultz, Miles) (Entered: 11/20/2024)

STATUS Report by Equal Employment Opportunity Commission (Shultz, Miles) (Entered: 11/20/2024)

MOTION by Defendant Reggio's Pizza, Inc. for extension of time (Schumann, Anthony) (Entered: 11/21/2024)

MOTION by Defendant Reggio's Pizza, Inc. for extension of time (Schumann, Anthony) (Entered: 11/21/2024)

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to answer or otherwise plead 13 is granted. Defendant shall answer or otherwise respond to Plaintiff's complaint by 12/27/2024. Telephonic initial status hearing set for 11/27/2024 is stricken and reset for 1/8/2025 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 11/22/2024)

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to answer or otherwise plead 13 is granted. Defendant shall answer or otherwise respond to Plaintiff's complaint by 12/27/2024. Telephonic initial status hearing set for 11/27/2024 is stricken and reset for 1/8/2025 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 11/22/2024)

DEFENDANT REGGIOS PIZZA, INC.S ANSWER to Complaint with Jury Demand AND AFFIRMATIVE DEFENSES by Reggio's Pizza, Inc.(Schumann, Anthony) (Entered: 12/26/2024)

DEFENDANT REGGIOS PIZZA, INC.S ANSWER to Complaint with Jury Demand AND AFFIRMATIVE DEFENSES by Reggio's Pizza, Inc.(Schumann, Anthony) (Entered: 12/26/2024)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing held on 1/8/2025. The Court adopts the parties' proposed case schedule set forth in their initial joint status report 12 . The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 1/27/2025. Fact discovery shall be completed by 9/30/2025. Dispositive motions shall be filed by 12/5/2025. By 3/10/2025, the parties shall file a joint status report setting forth: (1) the status of discovery, including what progress has been made, whether the parties are aware of any discovery disputes that will require the Court's involvement, and whether the parties are aware of any reason why they will not be able to complete fact discovery by the 9/30/2025 deadline; (2) the parties' views regarding prospects for settlement and whether the parties request a referral to the magistrate judge for a settlement conference; and (3) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) (Entered: 01/10/2025)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing held on 1/8/2025. The Court adopts the parties' proposed case schedule set forth in their initial joint status report 12 . The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 1/27/2025. Fact discovery shall be completed by 9/30/2025. Dispositive motions shall be filed by 12/5/2025. By 3/10/2025, the parties shall file a joint status report setting forth: (1) the status of discovery, including what progress has been made, whether the parties are aware of any discovery disputes that will require the Court's involvement, and whether the parties are aware of any reason why they will not be able to complete fact discovery by the 9/30/2025 deadline; (2) the parties' views regarding prospects for settlement and whether the parties request a referral to the magistrate judge for a settlement conference; and (3) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) (Entered: 01/10/2025)

MOTION by Defendant Reggio's Pizza, Inc. for extension of time DEFENDANT REGGIOS PIZZA, INC.S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE FED. R. CIV. P. 26(a)(1) INITIAL DISCLOSURES (Schumann, Anthony) (Entered: 01/27/2025)

MOTION by Defendant Reggio's Pizza, Inc. for extension of time DEFENDANT REGGIOS PIZZA, INC.S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE FED. R. CIV. P. 26(a)(1) INITIAL DISCLOSURES (Schumann, Anthony) (Entered: 01/27/2025)

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to serve Fed. R. Civ. P. 26(a)(1) initial disclosures 18 is granted. The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 2/10/2025. Mailed notice (lma, ) (Entered: 01/29/2025)

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to serve Fed. R. Civ. P. 26(a)(1) initial disclosures 18 is granted. The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 2/10/2025. Mailed notice (lma, ) (Entered: 01/29/2025)

MOTION by Plaintiff Equal Employment Opportunity Commission to dismiss voluntarily on specified terms (Mulaire, Justin) (Entered: 02/14/2025)

MOTION by Plaintiff Equal Employment Opportunity Commission to dismiss voluntarily on specified terms (Mulaire, Justin) (Entered: 02/14/2025)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff EEOC's motion to dismiss EEOC litigation 20 is set for a telephonic motion hearing on 3/5/2025 at 9:00 AM. The Court directs the Aggrieved Individual referenced in the Complaint to appear for the motion hearing, personally or through counsel, to provide her position on the motion and to inform the Court whether she intends to intervene. Plaintiff EEOC's counsel shall ensure that the Aggrieved Individual receives actual notice of this order. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 02/18/2025)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/5/2025. As stated on the record, Plaintiff EEOC's motion to dismiss EEOC litigation 20 is entered and continued. The case schedule entered on 1/8/2025 17 is vacated. The Court stays any further discovery. Attorney Bryan Wood appears as counsel for the Aggrieved Individual. Attorney Wood shall file his appearance on the docket within 48 hours. The Aggrieved Individual shall file their anticipated motion to intervene and motion for leave to proceed under a pseudonym by 4/4/2025. The Aggrieved Individual is granted leave to file the anticipated motion for leave to proceed under a pseudonym under seal. Responses to the anticipated motions shall be filed by 4/18/2025. As stated on the record, until the Court rules on the motion for the Aggrieved Individual to proceed under a pseudonym, all parties shall refrain from using the Aggrieved Individual's true name in any public filing or statement. In Court status and motion hearing set for 4/29/2025 at 10:00 AM in courtroom 2141. Mailed notice (lma, ) (Entered: 03/05/2025)

ATTORNEY Appearance for Intervenor Aggrieved Individual by James Bryan Wood (Wood, James) (Entered: 03/06/2025)

MOTION by Intervenor Aggrieved Individual for leave to file Intervene and for Leave to Proceed Under a Pseudonym (Attachments: # 1 Exhibit)(Wood, James) (Entered: 04/04/2025)

MEMORANDUM by Aggrieved Individual in support of motion for leave to file 24 to Proceed Under Pseudonym (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Wood, James) (Entered: 04/04/2025)

SEALED DOCUMENT by Intervenor Aggrieved Individual Ex. 1 to Memo ISO Motion for Leave (Wood, James) (Entered: 04/04/2025)

SEALED MOTION by Defendant Reggio's Pizza, Inc. DEFENDANT REGGIOS PIZZA, INC.S UNOPPOSED MOTION EXTENSION OF TIME TO RESPOND TO THE AGGREIEVED INDIVIDUALS MOTION FOR LEAVE TO PROCEED UNDER A PSEUDONYM (Schumann, Anthony) (Entered: 04/18/2025)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour (Gochanour, Gregory) (Entered: 04/24/2025)

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to respond to the Aggrieved Individual's motion for leave to proceed under a pseudonym 27 is granted. Responses to the motion shall be filed by 5/2/2025. In Court status and motion hearing set for 4/29/2025 is stricken and reset for 5/20/2025 at 11:00 AM in courtroom 2141. Mailed notice (lma, ) (Entered: 04/28/2025)

SEALED MOTION by Defendant Reggio's Pizza, Inc. DEFENDANT REGGIOS PIZZA, INC.S RESPONSE TO THE AGGRIEVED INDIVIDUALS MOTION FOR LEAVE TO PROCEED UNDER A PSEUDONYM (Schumann, Anthony) (Entered: 05/02/2025)

SUPPLEMENT to motion to dismiss 20 (Gochanour, Gregory) (Entered: 05/07/2025)

MINUTE entry before the Honorable Andrea R. Wood: In Court status hearing held on 5/20/2025. The Court heard oral argument on the Aggrieved Individual's motion for leave to intervene and for leave to proceed under a pseudonym 24 . That motion is taken under advisement along with Plaintiff EEOC's motion to dismiss EEOC litigation 20 . Telephonic status hearing set for 6/24/2025 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 05/21/2025)

MOTION by Attorney Laurie S. Elkin to withdraw as attorney for Equal Employment Opportunity Commission. No party information provided (Elkin, Laurie) (Entered: 05/30/2025)

MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney 33 is granted. Attorney Laurie S. Elkin is terminated as counsel of record. Mailed notice (lma, ) (Entered: 06/16/2025)

MINUTE entry before the Honorable Andrea R. Wood: Due to a change in the Court's schedule, the telephonic status hearing set for 6/24/2025 is stricken and reset for 7/1/2025 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (aw,) (Entered: 06/24/2025)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 7/1/2025 is stricken. Written ruling on pending motions 24, 30 to follow separately in short order, at which time the Court will set a new status date. Mailed notice (lma, ) (Entered: 07/01/2025)

MOTION by Plaintiff Equal Employment Opportunity Commission to stay AND EXTENSION WITH REQUEST FOR EXPEDITED RULING (Attachments: # 1 Text of Proposed Order)(Shultz, Miles) (Entered: 10/01/2025)

ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025: Mailed notice. (tg, ) (Entered: 10/02/2025)

Order

Local Rule 3.2 Annual Reminder Order

Order AND Order on Motion for Leave to File AND Order on Motion to Dismiss AND Order on Motion to Stay AND ~Util - Add and Terminate Parties