Case: EEOC v. Great Steaks, Inc. d/b/a "Austin's Restaurant"

1:05-cv-00744 | U.S. District Court for the Middle District of North Carolina

Filed Date: Aug. 26, 2005

Closed Date: Jan. 26, 2012

Clearinghouse coding complete

Case Summary

On August 26, 2005, the Charlotte District Office of the Equal Employment Opportunity Commission (EEOC) brought suit in the U.S. District Court for the Middle District of North Carolina, against Great Steaks, Inc. and Clipper Seafood Restaurant Inc., two companies which were jointly operating Austin's Restaurant in North Carolina. The suit alleged that the defendants subjected female employees to unwelcome sexual contact and verbal sexual harassment in violation of Title VII of the Civil Rights…

On August 26, 2005, the Charlotte District Office of the Equal Employment Opportunity Commission (EEOC) brought suit in the U.S. District Court for the Middle District of North Carolina, against Great Steaks, Inc. and Clipper Seafood Restaurant Inc., two companies which were jointly operating Austin's Restaurant in North Carolina. The suit alleged that the defendants subjected female employees to unwelcome sexual contact and verbal sexual harassment in violation of Title VII of the Civil Rights Act. The EEOC sought permanent injunction, policy establishment, back-pay and other affirmative relief to resigned female workers, monetary compensation and punitive damages. A judge who was originally assigned to this case is unknown, but this case was later reassigned to Judge N. C. Tilley, then to Judge William L. Osteen, and finally to Judge James A. Beaty, Jr.

The parties had engaged in discovery. On December 21, 2006, the case against Clipper Seafood was voluntarily dismissed. On December 17, 2007, Great Steaks moved for summary judgment. Disputes over the defendant's briefs (including their font size and the content of their supporting affidavits) stretched into April of 2008.

On April 29, 2008, the court (Magistrate Judge Russell A. Eliason) filed a recommendation to deny the defendant’s summary judgment. The recommendation found that a jury could reasonably find the behavior sufficiently severe to create a hostile work environment and the defendant had an inadequate sexual harassment policy with no clear reporting procedures. On September 8, 2008, the court denied the defendant's motion for summary judgment, affirming the reasoning presented in the recommendation. Then on October 7, 2009, the jury returned a verdict in favor of the defendant, finding no liability for sexual harassment under Title VII, and the court dismissed all claims.

On June 2, 2010, the court denied the defendant’s motion for attorney's fees and costs, stating that a court may not award attorney’s fees to a defendant solely because the plaintiff did not ultimately prevail on the merits of the lawsuit. The defendant appealed to the U.S. Court of Appeals for the Fourth Circuit regarding this order. On January 26, 2012, the court affirmed the district court’s order.

The case was closed.

Summary Authors

Jason Chester (5/28/2008)

Sean Whetstone (5/21/2018)

Chise Mori (4/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12235456/parties/equal-employment-opportunity-comission-v-great-steaks-incet-al/


Judge(s)

Beaty, James A. Jr. (North Carolina)

Dixon, Wallace W. (North Carolina)

Attorney for Plaintiff

Barnes, Lynette (North Carolina)

Dreiband, Eric S. (District of Columbia)

Attorney for Defendant

Hamlet, Fred T. (North Carolina)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:05-cv-00744

Docket [PACER]

EEOC v. Great Steaks, Inc.

March 19, 2012

March 19, 2012

Docket
1

1:05-cv-00744

Complaint

EEOC v. Great Steaks, Inc.

Aug. 26, 2005

Aug. 26, 2005

Complaint
54

1:05-cv-00744

Recommendation of Magistrate Judge Eliason

Equal Employment Opportunity Commission v. Great Steaks

April 29, 2008

April 29, 2008

Magistrate Report/Recommendation

2008 WL 11474963

60

1:05-cv-00744

Order

EEOC v. Great Steaks, Inc.

Sept. 8, 2008

Sept. 8, 2008

Order/Opinion
108

1:05-cv-00744

Order and Judgment

Equal Employment Opportunity Commission v. Great Steaks

Oct. 7, 2009

Oct. 7, 2009

Order/Opinion
121

1:05-cv-00744

Order

EEOC v. Great Steaks, Inc.

June 2, 2010

June 2, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12235456/equal-employment-opportunity-comission-v-great-steaks-incet-al/

Last updated April 10, 2026, 3:19 p.m.

ECF Number Date Description Link
1 Aug. 26, 2005

COMPLAINT against GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)

Clearinghouse
2 Aug. 26, 2005

CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)

RECAP
Aug. 26, 2005

CASE REFERRED to Standing Order 30 (McClain, Abby)

3 Nov. 3, 2005

Summons Issued as to Registered Agent for GREAT STEAKS, INC., Registered Agent for CLIPPER SEAFOOD RESTAURANT, INC. (Wilson, JoAnne) (Entered: 11/04/2005)

RECAP
4 Dec. 5, 2005

MOTION to Dismiss by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. Responses due by 12/28/2005 (HAMLET, FRED) (Entered: 12/05/2005)

RECAP
5 Dec. 5, 2005

Defendants' BRIEF re 4 MOTION to Dismiss Complaint by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 12/05/2005)

RECAP
6 Dec. 5, 2005

AFFIDAVIT of Bessie Pantazis re 5 Brief, in Support of Motion to Dismiss filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. (HAMLET, FRED) Modified on 12/6/2005 Substituting Affidavit to include attachments (Wilson, JoAnne). (Entered: 12/05/2005)

RECAP
7 Dec. 5, 2005

ANSWER to Complaint by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC..(HAMLET, FRED) (Entered: 12/05/2005)

RECAP
8 Dec. 27, 2005

RESPONSE in Opposition re 4 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 1/7/2006. (MAHOOD, ZOE) (Entered: 12/27/2005)

RECAP
9 Dec. 27, 2005

AFFIDAVIT in Opposition re 4 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 1/7/2006. (Attachments: # 1 Exhibit Attachment A to Affidavit of Thomas Colclough# 2 Exhibit Attachment B to Affidavit of Thomas Colclough# 3 Exhibit Attachment C to Affidavit of Thomas Colclough# 4 Exhibit Attachment D to Affidavit of Thomas Colclough# 5 Exhibit Attachment E to Affidavit of Thomas Colclough# 6 Exhibit Attachment F to Affidavit of Thomas Colclough# 7 Exhibit Attachment G to Affidavit of Thomas Colclough)(MAHOOD, ZOE) (Entered: 12/27/2005)

RECAP
10 Jan. 11, 2006

AFFIDAVIT OF SERVICE on Summons executed as to GREAT STEAKS, INC. on 11/14/05GREAT STEAKS, INC. served on 11/14/2005, answer due 12/4/2005. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(MAHOOD, ZOE) (Entered: 01/11/2006)

RECAP
11 Jan. 11, 2006

AFFIDAVIT OF SERVICE on Summons executed as to CLIPPER SEAFOOD RESTAURANT, INC. on 11/14/05CLIPPER SEAFOOD RESTAURANT, INC. served on 11/14/2005, answer due 12/4/2005. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(MAHOOD, ZOE) (Entered: 01/11/2006)

RECAP
12 Jan. 12, 2006

MOTION to Strike 9 Affidavit in Opposition to Motion,, by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. Responses due by 2/6/2006 (HAMLET, FRED) (Entered: 01/12/2006)

RECAP
13 Jan. 12, 2006

MEMORANDUM filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. re 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 01/12/2006)

RECAP
14 Jan. 12, 2006

REPLY, filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., to Response to 4 MOTION to Dismiss filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 01/12/2006)

RECAP
15 Jan. 18, 2006

Notice to Parties RE: SO30 Responses due by 3/1/2006 (McCarty, Dianne) (Entered: 01/18/2006)

RECAP
Jan. 26, 2006

Case Reassigned to Judge N. C. TILLEY, JR. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria)

16 Feb. 3, 2006

RESPONSE in Opposition re 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 2/14/2006. (MAHOOD, ZOE) (Entered: 02/03/2006)

RECAP
17 Feb. 16, 2006

REPLY, filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., to Response to 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 02/16/2006)

RECAP
March 13, 2006

MOTIONS 4 MOTION to Dismiss, 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, REFERRED to Judge Mag/Judge Eliason. (Blumke, Sheila)

18 March 15, 2006

ORDER signed by Mag/Judge RUSSELL A. ELIASON on 3/15/06 that defendants' motion to dismiss (docket no. 4) is hereby converted into a Rule 12(b)(6) motion to be treated as a motion for summary judgment. In order for the Court to set appropriate time schedules, the parties are directed to appear before this Court on Thursday, March 23, 2006, at 9:30 a.m., in the United States Courthouse, 251 North Main Street, Winston-Salem, North Carolina. (Wilson, JoAnne) Modified on 3/16/2006 correct spacing (Wilson, JoAnne). (Entered: 03/15/2006)

RECAP
March 15, 2006

Set Deadlines/Hearings: Motion Hearing set for 3/23/2006 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON to set appropriate time schedules. (Wilson, JoAnne)

March 23, 2006

Minute Entry for proceedings held before Judge RUSSELL A. ELIASON : Discovery Scheduling Hearing held on 3/23/2006. The court GRANTS plaintiff's Rule 56(f) motion for discovery, and STAYS ruling on defendant's Motion to Dismiss. The parties are to prepare a consent order setting out matters stated in open court. (Court Reporter Jane Calhoun.) (Williamson, Wanda)

March 23, 2006

Motions No Longer Referred to Mag/Judge Eliason: 4 MOTION to Dismiss, 12 MOTION to Strike 9 Affidavit in Opposition to Motion. (Williamson, Wanda)

19 March 30, 2006

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 18 Order on Motion to Dismiss,, by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 03/30/2006)

RECAP
March 31, 2006

CASE REFERRED to Magistrate Judge Eliason re: proposed order purs. to 3/23/06 hearing. (Williamson, Wanda)

March 31, 2006

Case no longer referred to Mag/Judge Eliason. The court is awaiting a revised proposed order. (Williamson, Wanda)

April 5, 2006

CASE REFERRED to Magistrate Judge Eliason re: #19 Objection to Recommended Ruling and proposed consent order as to discovery. (Williamson, Wanda)

20 April 14, 2006

CONSENT ORDER signed by Judge RUSSELL A. ELIASON on 4/14/06 that parties are permitted until 7/31/06 to conduct any discovery as set out. Mediation in this matter shall be conducted by 8/31/06. Pltf's must file responsive brief to defendant's Motion to Dismiss by 9/30/06. Defendant will have until 10/20/06, to file any reply brief. All discovery is stayed pending a ruling by the Court on the motion. If needed after the Court rules on the motion, the parties will submit a proposed scheduling order regarding the remaining discovery in this action to the Court for entry. (Simmonds, Lisa) (Entered: 04/14/2006)

RECAP
21 July 13, 2006

Joint MOTION for Extension of Time to Complete Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 8/7/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 07/13/2006)

RECAP
July 14, 2006

***Motions Referred: 21 Joint MOTION for Extension of Time to Complete Discovery to Judge RUSSELL A. ELIASON (Blumke, Sheila)

22 July 17, 2006

ORDER granting 21 Motion for Extension of Time to Complete Discovery Discovery due by 9/30/2006. Mediation due by 10/31/2006. Response to Motions to Dismiss due by 11/30/2006. Replies to responses due by 12/20/06. Signed by Judge RUSSELL A. ELIASON on 7/17/06. (Simmonds, Lisa) (Entered: 07/17/2006)

RECAP
23 Oct. 26, 2006

ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.10d(a). Signed by John S. Brubaker, Clerk of Court.(Gammon, Cheryl) (Entered: 10/26/2006)

RECAP
24 Nov. 30, 2006

Joint MOTION for Extension of Time To File a Response Brief to 4 Motion to Dismiss to and including December 29, 2006 by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 12/26/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 12/1/2006 to edit docket text language (Simmonds, Lisa). (Entered: 11/30/2006)

RECAP
Dec. 8, 2006

***Motions Referred: 24 Joint MOTION for Extension of Time To File Motion Response Motion to Dismiss until December 29, 2006 to Judge RUSSELL A. ELIASON (Blumke, Sheila)

25 Dec. 11, 2006

ORDER signed by Mag/Judge RUSSELL A. ELIASON on 12/11/06 granting 24 Motion for Extension of Time To File responsive brief to 4 MOTION to Dismiss Response to Motion due by 12/29/2006; Replies due by 1/20/07.(Wilson, JoAnne) (Entered: 12/11/2006)

RECAP
26 Dec. 21, 2006

STIPULATION of Dismissal by CLIPPER SEAFOOD RESTAURANT, INC. (Attachments: # 1 Notice of Withdrawal)(HAMLET, FRED) (Entered: 12/21/2006)

RECAP
27 May 23, 2007

MOTION for Consent Scheduling Order by EQUAL EMPLOYMENT OPPORTUNITY COMISSION, GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. (Williamson, Wanda) (Entered: 05/23/2007)

RECAP
May 23, 2007

CASE REFERRED to Magistrate Judge Eliason. (Williamson, Wanda)

28 May 24, 2007

ORDER granting 27 Motion Scheduling Order as set out signed by Mag/Judge RUSSELL A. ELIASON on 5/24/07. (Wilson, JoAnne) (Entered: 05/24/2007)

RECAP
May 24, 2007

Set Deadlines/Hearings: Discovery due by 11/15/2007. (see pldg. 28) (Wilson, JoAnne)

29 Nov. 14, 2007

MOTION to Compel (Motion is withdrawn - see pleading #33 dated 12/6/2007) Deposition of John Pantazis, MOTION for Cost and Fees by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 12/7/2007 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 2/15/2008 to add language (McCarty, Dianne). (Entered: 11/14/2007)

RECAP
30 Nov. 14, 2007

MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8, # 8 Exhibit 2006 WL 1716410)(MAHOOD, ZOE) (Entered: 11/14/2007)

RECAP
31 Nov. 15, 2007

Additional Attachments to Main Document. (MAHOOD, ZOE) (Entered: 11/15/2007)

RECAP
Nov. 15, 2007

Complaint Received, ***Motions Referred: 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees to Judge MAG/JUDGE RUSSELL A. ELIASON- (Winchester, Robin)

32 Nov. 23, 2007

NOTICE of Intent to File Dispositive Motions by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 11/23/2007)

RECAP
33 Dec. 6, 2007

WITHDRAWAL of Motion by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION (MAHOOD, ZOE) (Entered: 12/06/2007)

RECAP
34 Dec. 17, 2007

MOTION for Summary Judgment with supporting affidavits by GREAT STEAKS, INC. Responses due by 1/19/2008 (HAMLET, FRED) (Entered: 12/17/2007)

RECAP
35 Dec. 17, 2007

MEMORANDUM in Support of 34 MOTION for Summary Judgment with supporting affidavits. (HAMLET, FRED) Modified on 12/18/2007 to reflect accurate title of pldg. (Lee, Lisa). (Entered: 12/17/2007)

RECAP
36 Dec. 17, 2007

NOTICE of Manual Filing of Original Affidavits and of Deposition Tanscripts in paper form with the Clerk's Office by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 12/17/2007)

RECAP
37 Dec. 19, 2007

MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 1/11/2008 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 12/19/2007)

RECAP
38 Dec. 19, 2007

MEMORANDUM OF LAW filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (MAHOOD, ZOE) (Entered: 12/19/2007)

RECAP
39 Jan. 11, 2008

RESPONSE in Opposition re 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment filed by GREAT STEAKS, INC. Replies due by 1/24/2008. (HAMLET, FRED) (Entered: 01/11/2008)

RECAP
41 Jan. 11, 2008

First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment by GREAT STEAKS, INC. Responses due by 2/3/2008 (Attachments: # 1 Amended Memorandum)(HAMLET, FRED) (Entered: 01/11/2008)

RECAP
42 Jan. 11, 2008

Defendants Memorandum in Support of its Motion for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgement BRIEF. (HAMLET, FRED) (Entered: 01/11/2008)

RECAP
Jan. 13, 2008

NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 43 MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment-proposed order. Proposed Order docketed as a motion. Submit Proposed Order to assigned Judge's e-mail box. (Wilson, JoAnne)

Jan. 13, 2008

NOTICE of Docket Text/Event Modification re 43 MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment-proposed order : Document filed in error, public access to document terminated. (Wilson, JoAnne)

Jan. 14, 2008

NOTICE of Docket Text/Event Modification re 40 First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment : Document filed in error, public access to document terminated. (Wilson, JoAnne)

44 Jan. 22, 2008

MEMORANDUM OF LAW in Opposition re 34 MOTION for Summary Judgment with supporting affidavits filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 2/4/2008. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit Exh. 1 - John Pantazis Deposition, # 3 Exhibit Exh. 2 - Bessie Pantazis Deposition, # 4 Exhibit Exh. 3 - Baker Deposition, # 5 Exhibit Exh. 4 - Jones Deposition, # 6 Exhibit Exh. 5 - Def.'s Amended Responses to 2nd Admissions, # 7 Exhibit Exh. 6 - Lovett Deposition, # 8 Exhibit Exh. 7 - Def.'s Supplement Response to 1st Interrogs, # 9 Exhibit Exh. 8 - Def.'s Responses to 2nd Admissions, # 10 Exhibit Exh. 9 - Jarrett Deposition, # 11 Exhibit Exh. 10 - Jones Affidavit, # 12 Exhibit Exh. 11 - N&O Story - Jennings, # 13 Exhibit Exh. 12 - Unpublished Opinion - Bishop)(MAHOOD, ZOE) Modified on 1/23/2008 to accurately reflect title of document (Wilson, JoAnne). (Entered: 01/22/2008)

RECAP
Jan. 24, 2008

Case Reassigned to JUDGE WILLIAM L. OSTEEN JR. JUDGE N. C. TILLEY, JR no longer assigned to the case. (McCarty, Dianne)

45 Jan. 31, 2008

NOTICE of Manual Filing Deposition Transcript of John Pantazis in paper form with the Clerk's Office by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 01/31/2008)

RECAP
46 Feb. 8, 2008

Reply BRIEF in Support of Motion for Summary Judgment by Defendant GREAT STEAKS, INC. filed by GREAT STEAKS, INC. (Attachments: # 1 Affidavit Reply Affidavit of John Pantazis) (HAMLET, FRED) AFFIDAVIT OF JOHN PANTAZIS**STRICKEN** per Order of the Court see pldg. 60) Modified on 9/9/2008 to add additional text (Wilson, JoAnne). (Entered: 02/08/2008)

RECAP
Feb. 19, 2008

***Motions Referred: 34 MOTION for Summary Judgment with supporting affidavits, 41 First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment, 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment to Judge MAG/JUDGE RUSSELL A. ELIASON- (McCarty, Dianne)

47 Feb. 20, 2008

MOTION to Strike 46 Brief Reply Affidavit and Attachment, and Exclude from Evidence Reply Affidavit and Attachment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 3/14/2008 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 2/21/2008 to add text upon further review it is determined that document (pldg. 47) is in proper form. (Entered: 02/20/2008)

RECAP
48 Feb. 20, 2008

MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff First Set of Interrogatories to Defendant, # 2 Exhibit Plaintiff First RFP to Defendant, # 3 Exhibit Defendant's Response to Plaintiff's First Interrogatories to Defendant, # 4 Exhibit Defendant's Response to Plaintiff's First RFP to Defendant, # 5 Exhibit Defendant's Supplemental Response to Plaintiff's First Set of Interrogatories to Defendant, # 6 Exhibit Bessie Pantazis Deposition Excerpt)(MAHOOD, ZOE) (Entered: 02/20/2008)

RECAP
Feb. 21, 2008

NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment. Purs. to Local Rule 7.3(a) Each pleading shall be set out separately. Refile motions separately. (Wilson, JoAnne)

Feb. 21, 2008

Telephone Notice held on 2/21/2008 to atty Zoe Mahood to disregard the notice of deficiency. Upon further review it is determined that the document is in proper form (Wilson, JoAnne)

49 Feb. 27, 2008

ORDER signed by MAG/JUDGE RUSSELL A. ELIASON on 2/27/08 denying 37 Motion to Strike; denying 41 Motion for Leave to File. (Wilson, JoAnne) (Entered: 02/27/2008)

RECAP
March 10, 2008

Telephone Notice to Attorney Fred Hamlet. Per Magistrate Judge Eliason, Mr. Hamlet is to file a Corrected Memoramdum In Support of the Motion for Summary Jgm. originally filed 12/17/07 (#35). This corrected memorandum should contain the deposition page citations which were not set out in the filed memoradum. (Williamson, Wanda)

50 March 14, 2008

RESPONSE AND MEMORANDUM in Opposition re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment Defendant's Repsonse and Memorandum in Oppoistion to Plaintiff EEOC's Motion to Strike and Exclude From Evidence Reply Affidavit of John Pantazis and Attachment filed by GREAT STEAKS, INC. Replies due by 3/31/2008. (HAMLET, FRED) (Entered: 03/14/2008)

RECAP
51 March 21, 2008

Corrected BRIEF re 35 Brief in Support of its Motion for Summary Judgment. (HAMLET, FRED) (Entered: 03/21/2008)

RECAP
52 March 31, 2008

REPLY, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION, to Response to 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrgatories, # 2 Exhibit Plaintiff First Request for Production of Documents, # 3 Exhibit John Pantazis Deposition Excerpts, # 4 Exhibit Bessie Pantazis Deposition Excerpts, # 5 Exhibit Jarrett Deposition Excerpts, # 6 Exhibit Uppublished Case)(MAHOOD, ZOE) (Entered: 03/31/2008)

RECAP
53 April 1, 2008

Amended REPLY, in Support of 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment; filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff EEOC's First Set of Interrogatories to Defendant Great Steaks, # 2 Exhibit Plaintiff EEOC's First Request for Production of Documents to Defendant Great Steaks, # 3 Exhibit John Pantazis Deposition Excerpts, # 4 Exhibit Bessie Pantazis Deposition Excerpts, # 5 Exhibit Jarrett Deposition Excerpts, # 6 Exhibit Unpublished Decision) (MAHOOD, ZOE) Modified on 4/2/2008 to remove duplicate text (Lee, Lisa). (Entered: 04/01/2008)

RECAP
54 April 29, 2008

RECOMMENDED RULING of MAGISTRATE JUDGE ELIASON signed on 4/29/2008 recommending that Defendant's motion for summary judgment (docket no. 34 ) be denied. And further recommending that Plaintiff's motion to strike the Reply Affidavit of John Pantazis (docket no. 47 ) be granted, along with the discussion of it in the reply brief. (Lee, Lisa) (Entered: 04/29/2008)

Clearinghouse
55 April 29, 2008

Notice of Mailing Recommendation. Objections to R&R due by 5/16/2008. (Lee, Lisa) (Entered: 04/29/2008)

RECAP
56 May 16, 2008

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 54 Recommended Ruling - Magistrate Judge, by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 05/16/2008)

RECAP
57 May 29, 2008

MEMORANDUM IN RESPONSE TO OBJECTION to 56 Report and Recommendations filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (MAHOOD, ZOE) (Entered: 05/29/2008)

RECAP
June 24, 2008

CASE REFERRED to Judge William L. Osteen, Jr. (Williamson, Wanda)

July 9, 2008

Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. JUDGE WILLIAM L. OSTEEN JR. no longer assigned to the case. (Powell, Gloria)

July 9, 2008

CASE REFERRED to Judge Beaty. (Powell, Gloria)

58 Aug. 19, 2008

MOTION for Oral Argument re: 34 MOTION for Summary Judgment with supporting affidavits by GREAT STEAKS, INC. Responses due by 9/11/2008 (HAMLET, FRED) (Entered: 08/19/2008)

RECAP
Aug. 27, 2008

***Motions Submitted: 58 MOTION for Oral Argument 34 MOTION for Summary Judgment with supporting affidavits to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)

59 Aug. 28, 2008

MEMORANDUM in Opposition re 58 MOTION for Oral Argument 34 MOTION for Summary Judgment with supporting affidavits filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 9/15/2008. (MAHOOD, ZOE) (Entered: 08/28/2008)

RECAP
60 Sept. 8, 2008

ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/8/08 for the reasons set forth in the Recommendation, denying 34 Motion for Summary Judgment; granting 47 Motion to Strike; denying 58 Motion for Oral Argument as set out. (Wilson, JoAnne) (Entered: 09/08/2008)

Clearinghouse
61 Sept. 22, 2008

MOTION to Amend 60 Order on Motion for Summary Judgment, Order on Motion to Strike, Order on Motion for Oral Argument and Affirming Magistrate Judge's Recommendation by GREAT STEAKS, INC. Responses due by 10/15/2008 (HAMLET, FRED) (Entered: 09/22/2008)

RECAP
62 Sept. 22, 2008

MEMORANDUM filed by Defendant GREAT STEAKS, INC. re 61 MOTION to Amend 60 Order on Motion for Summary Judgment, Order on Motion to Strike, Order on Motion for Oral Argument and Affirming Magistrate Judge's Recommendation filed by GREAT STEAKS, INC. (Attachments: # 1 Text of Proposed Order)(HAMLET, FRED) (Entered: 09/22/2008)

RECAP
63 Sept. 23, 2008

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/30/2008 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON. (Garrett, Kim) (Entered: 09/23/2008)

RECAP
Sept. 24, 2008

NOTICE advising parties to please disregard previous notice setting this matter for an Initial Pretrial Conference; this matter was previously noticed in error. (Kemp, Donita)

64 Oct. 8, 2008

ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/8/08 denying 61 Motion to Amend. (Wilson, JoAnne) (Entered: 10/08/2008)

RECAP
Feb. 9, 2009

Case reassigned to MAG/JUDGE WALLACE W. DIXON. MAG/JUDGE RUSSELL A. ELIASON no longer assigned to the case. (Crampton, Scott)

65 March 4, 2009

NOTICE of Hearing: Jury Trial set for 10/5/2009 09:30 AM in Unassigned Courtroom; Trial Brief, etc. deadline set for 9/15/2009.(Kemp, Donita) (Entered: 03/04/2009)

RECAP
66 Aug. 18, 2009

NOTICE of Trial Calendar Jury Trial set for 10/5/2009 09:30 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR.(Winchester, Robin) (Entered: 08/18/2009)

RECAP
67 Sept. 2, 2009

NOTICE of Hearing: Settlement Conference set for 9/17/2009 02:00 PM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 09/02/2009)

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68 Sept. 4, 2009

NOTICE of Appearance by attorney KATHERINE ABIGAIL SOLES on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION (SOLES, KATHERINE) (Entered: 09/04/2009)

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69 Sept. 4, 2009

PRETRIAL DISCLOSURES by GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 09/04/2009)

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70 Sept. 8, 2009

PRETRIAL DISCLOSURES. (MAHOOD, ZOE) Modified on 9/9/2009 to reflect accurate title of pldg. (Lee, Lisa). (Entered: 09/08/2009)

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71 Sept. 10, 2009

FINAL PRETRIAL DISCLOSURES.(MAHOOD, ZOE) (Entered: 09/10/2009)

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72 Sept. 15, 2009

TRIAL BRIEF by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Unpublished Case)(MAHOOD, ZOE) (Entered: 09/15/2009)

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73 Sept. 15, 2009

Proposed Voir Dire by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(MAHOOD, ZOE) (Entered: 09/15/2009)

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74 Sept. 15, 2009

Proposed Jury Instructions by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(MAHOOD, ZOE) (Entered: 09/15/2009)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 2005

Closing Date: Jan. 26, 2012

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

Clipper Seafood Restaurant

Great Steaks, Inc.

Defendant Type(s):

Restaurant

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

Other Dockets:

Middle District of North Carolina 1:05-cv-00744

U.S. Court of Appeals for the Fourth Circuit 10-01756

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Amount Defendant Pays: $0

Issues

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