Case: EEOC v. Boca Chica, Inc. D/B/A Loca Luna Restaurant
1:03-cv-02602 | U.S. District Court for the Northern District of Georgia
Filed Date: Aug. 29, 2003
Closed Date: 2004
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Case Summary
On August 29, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Atlanta U.S. District Court for the Northern District of Georgia against Boca Chica, Inc., (doing business as Loca Luna Restaurant) to enforce an agreement the parties had reached to settle a sexual harassment charge a female employee had filed with the EEOC. The EEOC sought monetary and injunctive relief, including specific performance of the requirements of the settlement, the employee's legal fees and costs in attempting to collect the amount owed, compensation for losses resulting from breach of the settlement, and punitive damages.
Before the EEOC investigates charges it sometimes has the parties participate in mediation. The settlement agreement had been reached during one such mediation session and required Boca Chica to pay the employee $50,000 and provide a neutral reference. The parties had also agreed to a non-disparagement clause. At the end of the mediation session, the employee said something to the effect of "I hope you guys have learned a lesson." The defendant subsequently claimed that the comment violated the non-disparagement clause and refused to comply with the agreement.
The parties eventually reached a settlement, which the Court entered as a consent decree on September 29, 2004. The 13-month decree provided monetary relief and subjected Boca Chica to a variety of injunctive provisions. Boca Chica was required to pay the employee $50,000 and supply a neutral reference, just as the original agreement provided. However, Boca Chica was further required to post an equal employment notice and to appoint a compliance official to oversee compliance with the decree. The parties bore their own costs and fees. The case is now closed.
Summary Authors
Kenneth Gray (7/29/2013)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243242/parties/equal-employment-v-boca-chica-inc/
Baverman, Alan J. (Georgia)
Camp, Jack Tarpley Jr. (Georgia)
Dreiband, Eric S. (District of Columbia)
Cleek, Alisa Pittman (Georgia)
Friedman, Elliott M (Georgia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4243242/equal-employment-v-boca-chica-inc/
Last updated March 21, 2026, 4:46 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: Aug. 29, 2003
Closing Date: 2004
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of a female employee
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Boca Chica, Inc. (d/b/a Loca Luna Restaurant)
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Other Dockets:
Northern District of Georgia 1:03-cv-02602
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Amount Defendant Pays: $50,000
Order Duration: 2004 - 2005
Issues
Discrimination Area:
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric:
Case Summary of EEOC v. Boca Chica, Inc. D/B/A Loca Luna Restaurant, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/6223/ (last updated 7/29/2013).