Case: EEOC v. Metromedia Restaurant Group d/b/a "Bennigan's"

2:99-cv-01760 | U.S. District Court for the District of Arizona

Filed Date: Sept. 29, 1999

Closed Date: July 9, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against Metromedia Restaurant Group and CTM Restaurant Group, both d/b/a Bennigan's Grill & Tavern. Although the only information available for this summary was the docket, it is known that CTM Restaurants was dismissed from the suit by consent of the parties in June 2000. The, in October 2000, the EEOC moved for partial summary judgment on most of the defendant's affirmative defenses and moved to compel discovery. The parties then continued the case until July 2001 when the court adopted their proposed consent decree.

Summary Authors

Tony Friedman (8/23/2007)

People


Judge(s)
Attorney for Plaintiff

Marshall, Michelle G. (Arizona)

Attorney for Defendant

Cerasano, Stephanie May (Arizona)

Cohen, Richard Seth (Arizona)

Kohen, Stefanie W. (Illinois)

Landry, Jody A. (California)

Documents in the Clearinghouse

Documents in this case

2:99-cv-01760

Docket [PACER]

EEOC v. Metromedia Restaurant Group

July 9, 2001

July 9, 2001

Docket

Resources

Docket

Last updated March 23, 2025, 9:16 a.m.

ECF Number Date Description Link
1 Sept. 29, 1999

COMPLAINT FILED (SAT) (Entered: 09/30/1999)

PACER
2 Oct. 13, 1999

FIRST AMENDED COMPLAINT by pla EEOC; jury demand [1-1] (MAP) (Entered: 10/20/1999)

PACER
3 Oct. 18, 1999

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft CTM Restaurant Grp on 10/15/99 (MAP) (Entered: 10/20/1999)

PACER
4 Oct. 18, 1999

RETURN OF SERVICE EXECUTED (summons/complaint) upon Kathy Cheshire for dft Metromedia Rest Grp on 10/14/99 (MAP) (Entered: 10/20/1999)

PACER
5 Nov. 3, 1999

ANSWER to Amended Complaint by dfts (all) (MAP) (Entered: 11/04/1999)

PACER
6 Dec. 3, 1999

ORDER FROM CHAMBERS by Judge John W. Sedwick re Policies and Procedures (cc: all counsel) re: order [6-1] (MAP) (Entered: 12/03/1999)

PACER
7 Dec. 17, 1999

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by plas (former emp) Modified on 01/12/2000 (Entered: 12/21/1999)

PACER
8 Dec. 17, 1999

JOINT PRETRIAL SCHEDULE and request for Rule 16 scheduling conference (former emp) (Entered: 12/21/1999)

PACER
8 Dec. 17, 1999

MOTION for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (former emp) (Entered: 12/21/1999)

PACER
10 Jan. 27, 2000

NOTICE of service of first set of requests for admissions by dft Metromedia Restaurant Services, Inc. pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

PACER
11 Jan. 27, 2000

NOTICE of service of non-uniform interrogatories to dft Metromedia Restaurant Services, Inc by pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

PACER
12 Jan. 27, 2000

NOTICE of service of non-uniform interrogatories to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

PACER
13 Jan. 27, 2000

NOTICE of Plas first request for production to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

PACER
15 Jan. 27, 2000

NOTICE of service of first request for production to dft Metromedia Restaurant Services Inc. by pla EEOC . (former emp) (Entered: 01/28/2000)

PACER
14 Jan. 28, 2000

NOTICE of service of plas first set of requests for admissions by dft CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

PACER
16 Feb. 7, 2000

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

PACER
17 Feb. 7, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

PACER
18 Feb. 7, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

PACER
19 Feb. 7, 2000

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

PACER
20 Feb. 7, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

PACER
21 Feb. 7, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

PACER
22 Feb. 7, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

PACER
23 Feb. 7, 2000

NOTICE of service of discovery by dfts (all). (MAP) (Entered: 02/10/2000)

PACER
24 Feb. 7, 2000

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

PACER
25 Feb. 7, 2000

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

PACER
26 Feb. 10, 2000

MINUTE ORDER denying motion for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (cc: all counsel) [26-1] (MAP) (Entered: 02/10/2000)

PACER
27 Feb. 10, 2000

SCHEDULING AND PLANNING ORDER by Judge John W. Sedwick that all discovery due 9/1/00 (cc: all counsel) (MAP) (Entered: 02/10/2000)

PACER
28 Feb. 11, 2000

MOTION for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (MAP) (Entered: 02/14/2000)

PACER
29 Feb. 25, 2000

MOTION to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden by dft CTM Restaurant Grp [29-1] (MAP) (Entered: 02/28/2000)

PACER
31 Feb. 28, 2000

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/29/2000)

PACER
32 Feb. 29, 2000

ORDER by Judge John W. Sedwick granting motion for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (cc: all counsel) (MAP) (Entered: 02/29/2000)

PACER
33 March 2, 2000

NOTICE of service of discovery by dft Metromedia Rest Grp (MAP) (Entered: 03/04/2000)

PACER
34 March 7, 2000

STIPULATION to extend time to respond to Dfts' 1st set of written discovery by pla, dfts (All) (MAP) (Entered: 03/08/2000)

PACER
35 March 8, 2000

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 3/24/00 to respond to Pla's 1st set of requests for admissions, 1st req for production of and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (Entered: 03/08/2000)

PACER
36 March 16, 2000

ORDER by Judge John W. Sedwick granting stipulation that Pla shall have thru 4/5/00 to respond to Dfts' Discovery Requests (cc: all counsel) (MAP) (Entered: 03/16/2000)

PACER
37 March 24, 2000

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 03/27/2000)

PACER
38 April 4, 2000

MINUTE ORDER granting motion to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden, Jody Landry by dft CTM Restaurant Grp [29-1] (cc: all counsel) [38-1] (MAP) (Entered: 04/04/2000)

PACER
39 April 4, 2000

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants shall have thru 4.28.00 to respond to Pla's 2nd set of requests for admissions, first request for production and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (Entered: 04/04/2000)

PACER
40 April 7, 2000

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 04/10/2000)

PACER
41 April 20, 2000

MOTION for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (MAP) (Entered: 04/24/2000)

PACER
42 April 26, 2000

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (cc: all counsel) (MAP) (Entered: 04/26/2000)

PACER
43 May 2, 2000

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 05/04/2000)

PACER
44 May 18, 2000

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 5/26/00 to respond to Pla's 1st Set of Requests for Admissions, 1st Request for Production and First Set of Non-Uniform Interrogatories (cc: all counsel) (MAP) (Entered: 05/18/2000)

PACER
45 May 23, 2000

NOTICE of Service of First Supplemental Disclosure Statement by pla EEOC (MAP) (Entered: 05/30/2000)

PACER
47 June 22, 2000

STIPULATION for Dismissal w/prejudice by pla, dfts (all) (MAP) (Entered: 06/26/2000)

PACER
48 June 26, 2000

NOTICE by dft Metromedia Rest Grp OF TAKING DEPOS OF: Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/2-4/00 (MAP) (Entered: 06/27/2000)

PACER
49 June 27, 2000

ORDER by Judge John W. Sedwick granting stipulation that all claims against CTM Restaurants in this action are dsimissed w/prejudice, each party to bear own costs and fees (cc: all counsel) (MAP) (Entered: 06/27/2000)

PACER
50 June 28, 2000

JOINT MOTION to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (MAP) (Entered: 07/06/2000)

PACER
51 June 29, 2000

STIPULATION for Dismissal with Prejudice by pla, dfts (all) (MAP) (Entered: 07/06/2000)

PACER
52 July 7, 2000

ORDER by Judge John W. Sedwick granting w/out prejudice motion to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (cc: all counsel) (MAP) (Entered: 07/07/2000)

PACER
53 July 12, 2000

STIPULATION to Extend Discovery ddls by dft, pla (MAP) (Entered: 07/18/2000)

PACER
54 July 18, 2000

ORDER by Judge John W. Sedwick granting stipulation extending Discovery ddls.. discovery ddl re-set for 12/15/00 (cc: all counsel) (MAP) (Entered: 07/18/2000)

PACER
55 Aug. 3, 2000

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 08/04/2000)

PACER
56 Aug. 10, 2000

NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Cheryl Justo on the following date(s): 9/7/00 at 9:30 AM; Jennifer Hale on 9/13/00 at 9:30 AM (former emp) (Entered: 08/14/2000)

PACER
57 Aug. 15, 2000

AMENDED NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/30/00, 8/31/00 and 9/1/00 (MAP) (Entered: 08/16/2000)

PACER
58 Aug. 21, 2000

RETURN OF SERVICE of Notice of Depo upon EEOC by dft Metromedia Rest Grp (MAP) (Entered: 08/22/2000)

PACER
59 Aug. 24, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Todd Griegenburg on the following date(s): 9/8/00 (MAP) (Entered: 08/28/2000)

PACER
60 Aug. 31, 2000

MOTION for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (MAP) (Entered: 09/05/2000)

PACER
61 Sept. 5, 2000

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 09/07/2000)

PACER
62 Sept. 6, 2000

NOTICE by pla EEOC of return of process of subpoena served on Todd J. Griepenburg (former emp) (Entered: 09/07/2000)

PACER
64 Sept. 7, 2000

AMENDED NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/08/2000)

PACER
65 Sept. 8, 2000

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (cc: all counsel) (MAP) (Entered: 09/08/2000)

PACER
66 Sept. 18, 2000

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/19/2000)

PACER
67 Oct. 17, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

PACER
68 Oct. 17, 2000

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Whitney Smith Co. on the following date(s): 11/1/00 (former emp) Modified on 10/19/2000 (Entered: 10/19/2000)

PACER
69 Oct. 17, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Rick Taffee on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

PACER
70 Oct. 17, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Randall Davis on the following date(s): 11/7/00 (former emp) (Entered: 10/19/2000)

PACER
71 Oct. 17, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00 (former emp) (Entered: 10/19/2000)

PACER
72 Oct. 17, 2000

NOTICE by pla EEOC OF TAKING DEPO OF Dan Parker on the following date(s): 11/9/00 (former emp) (Entered: 10/19/2000)

PACER
73 Oct. 17, 2000

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Metromedia Restaurant Services on the following date(s): 10/31/00 (former emp) (Entered: 10/19/2000)

PACER
74 Oct. 19, 2000

MOTION for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

PACER
75 Oct. 19, 2000

STATEMENT OF FACTS by pla re motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

PACER
76 Oct. 20, 2000

ERRATA by pla to [75-1] (former emp) (Entered: 10/23/2000)

PACER
77 Oct. 25, 2000

NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00. (former emp) (Entered: 10/26/2000)

PACER
78 Oct. 26, 2000

OBJECTIONS by dft to the subpoena served on the Whitney Smith Co., INc. (former emp) (Entered: 10/30/2000)

PACER
79 Oct. 26, 2000

AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/17/00. (former emp) (Entered: 10/30/2000)

PACER
80 Oct. 26, 2000

AMENDED NOTICE by pla OF TAKING DEPO OF defendant on the following date(s): 11/16/00 (former emp) (Entered: 10/30/2000)

PACER
81 Oct. 31, 2000

MOTION to compel discovery by pla [81-1] (former emp) (Entered: 11/01/2000)

PACER
83 Nov. 1, 2000

MOTION for protective order by dft [83-1] , alternatively to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

PACER
84 Nov. 1, 2000

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by dft of motion for protective order by dft [83-1], motion to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

PACER
85 Nov. 1, 2000

DECLARATION by dft re motion for protective order by dft [83-1] [83-1], re motion to stay discovery pending mediation by dft [83-2] [83-2] (former emp) (Entered: 11/02/2000)

PACER
86 Nov. 2, 2000

FINAL REVISED WITNESS LIST by pla (former emp) (Entered: 11/08/2000)

PACER
87 Nov. 2, 2000

NOTICE by dft OF TAKING DEPO OF Lauren Smith, Melissa Passerotti, Jennifer Reid, Rhiannon Truog and Amanda Harting on the following date(s): various (former emp) (Entered: 11/08/2000)

PACER
88 Nov. 6, 2000

AMENDED NOTICE by pla OF TAKING DEPO OF Rick Taaffe on the following date(s): 11/15/00 (former emp) (Entered: 11/08/2000)

PACER
89 Nov. 13, 2000

ORDER by Judge John W. Sedwick ; status hearing set for (8:00 am AK standard time) 10:00 11/7/00 ; Cnsl for dft Metromedia will schedule the conference call. The phone number for Judge Sedwick's courtroom is 907/677-6228. (cc: all counsel) (former emp) (Entered: 11/13/2000)

PACER
90 Nov. 13, 2000

ORDER by Judge John W. Sedwick: This m/o memorializes decisions made at the status conference on 11/7/00. 1) Depositions scheduled by EEOC for the week of 11/6/00 shall proceed as scheduled; 2) all other deposition notices are deemed w/drawn pending the court's ruling on the mtn by Metromedia for a protective order, or in the alternative, for a stay; 3) EEOC will file its opposition (response) to Metro's mtn forthwith; 4) Metro's opposition (response) to EEOC's mtn to compel shall be due on 12/8/00; 5) the discovery ddl is continued to 1/26/01; 6) the ddl for dispositive mtns and mtns in limine is continued to 2/26/01; 7) if the ptys find they need more time for discovery because the court is unable to rule promptly on the mtn for protective order, the holidays interfere, or some other good reason arises; the ptys should stipulate to a reasonable extension for completing discovery and mtn practice. Alternatively, on pty may file an appropriate mtn for an extension. discovery ddl set for 1/26/01 ; dispositive motions due 2/26/01 (cc: all cnsl) (former emp) (Entered: 11/13/2000)

PACER
91 Nov. 21, 2000

MOTION to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1] (former emp) (Entered: 11/21/2000)

PACER
92 Nov. 30, 2000

ORDER by Judge John W. Sedwick granting motion to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1], withdrawn motion for protective order by dft [83-1], withdrawn motion to stay discovery pending mediation by dft [83-2]. The deadlines for dft to respond to pla's motion to compel discovery by pla [81-1] and motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] are extended through 12/22/00. (cc: all counsel) (former emp) (Entered: 11/30/2000)

PACER
94 Jan. 17, 2001

ORDER by Judge John W. Sedwick granting motion to extend time to oppose mtns, complete discovery by pla [93-1]. Dft's opposiiton to mtn for partial sum jgm is due on 1/31/01; dft's opposition to mtn to compel is due 1/31/01; last date to sere and file the final witness list is 2/15/01; pla's supplemental witness list, including experts is due 3/3/01; dft's supplemental witness list, including experts is due on 4/3/01. discovery ddl set for 4/3/01 (cc: all counsel) (former emp) (Entered: 01/17/2001)

PACER
95 Jan. 23, 2001

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 2/20/01. (former emp) (Entered: 01/24/2001)

PACER
96 Jan. 23, 2001

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Randall Davis on the following date(s): 2/21/01. (former emp) (Entered: 01/24/2001)

PACER
97 Jan. 23, 2001

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 2/15/01 (former emp) (Entered: 01/24/2001)

PACER
98 Jan. 23, 2001

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Metromedia Restaurant Svc d/b/a Bennigan's Grill & Tavern on the following date(s): 2/16/01. (former emp) (Entered: 01/24/2001)

PACER
99 Jan. 31, 2001

MOTION to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] (former emp) (Entered: 02/01/2001)

PACER
100 Jan. 31, 2001

DECLARATION by dft re motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] [99-1] (former emp) (Entered: 02/01/2001)

PACER
101 Feb. 5, 2001

ORDER by Judge John W. Sedwick granting motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] and motion to compel discovery by pla [81-1] [81-1], re: motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1]. Responses due 2/14/01. (cc: all counsel) (former emp) (Entered: 02/05/2001)

PACER
102 Feb. 5, 2001

RESPONSE/OPPOSITION by pla to motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] [99-1] (former emp) (Entered: 02/07/2001)

PACER
103 Feb. 12, 2001

ORDER by Judge John W. Sedwick: The time for dft to respond to pla's mtn for partial sum jgm and pla's mtn to compel is enlarged through 2/14/01, and the ptys are ordered to comply therwith. (cc: all counsel) (former emp) (Entered: 02/12/2001)

PACER
104 Feb. 16, 2001

STIPULATION by dft to postpone deadlines. (former emp) (Entered: 02/20/2001)

PACER
105 Feb. 23, 2001

ORDER by Judge John W. Sedwick granting stipulation that the deadlines for the ptys to submit final witness lists and for dft to respond to pla's mtn for partial sum jgm and mtn to compel are postponed until 3/2/01. Cnsl to file an updated status report on 3/2/01. (cc: all counsel) (former emp) (Entered: 02/23/2001)

PACER

Case Details

State / Territory:

Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 1999

Closing Date: July 9, 2001

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

CTM Restaurant Group

CTM Restaurant Group

Metromedia Restaurant Group

Case Details

Other Dockets:

District of Arizona 2:99-cv-01760

Available Documents:

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

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation