Case: EEOC v. LANDRY'S SEAFOOD HOUSE-COLORADO, INC.

1:99-cv-01866 | U.S. District Court for the District of Colorado

Filed Date: Sept. 24, 1999

Closed Date: Sept. 25, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Colorado against Landry's Seafood House-Colorado, Inc., d/b/a Simms Landing alleging violations of Title VII of the Civil Rights Act of 1964. The only information available for this summary was the docket. It is known, however, that the parties were able to agree on settlement terms around July 2000, which were later reduced into a consent decree and approved by the court in September 2000. The decree ordered the defendant to pay a total of $20,000 to five female complainants and ordered the defendant to comply with Title VII in all respects and to prevent acts of harassment in violation of Title VII.

Summary Authors

Tony Friedman (9/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11094407/parties/eeoc-v-landrys-seafood-hse/


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

Gilvard, Jacqueline Ann (Colorado)

Attorney for Defendant

Lamb, David Atchley (Colorado)

Stewart, Edward Craig (Colorado)

Documents in the Clearinghouse

Documents in this case

1:99-cv-01866

Docket (PACER)

EEOC v. Landry's Seafood House-Colorado, Inc.

Sept. 25, 2000

Sept. 25, 2000

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11094407/eeoc-v-landrys-seafood-hse/

Last updated April 5, 2025, 11:13 a.m.

ECF Number Date Description Link
1 Sept. 24, 1999

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 09/27/1999)

RECAP
2 Sept. 30, 1999

AMENDED COMPLAINT [1-1] by plaintiff EEOC; jury demand (former empl) (Entered: 10/01/1999)

RECAP
3 Oct. 28, 1999

Certificate of Compliance by plaintiff EEOC of service of instructions re notice of availability of Magis Judge and Order of Reference to Magis Judge on dft's counsel (former empl) (Entered: 10/28/1999)

RECAP
4 Nov. 4, 1999

NOTICE by plaintiff EEOC of Lawsuit and Request for Waiver of Service of Summons (former empl) (Entered: 11/04/1999)

RECAP
5 Nov. 4, 1999

WAIVER OF SERVICE of Summons and Complaint by Edward C. Stewart attorney for defendant Landrys Seafood Hse on 10/27/99 (former empl) (Entered: 11/04/1999)

RECAP
6 Dec. 6, 1999

ANSWER by defendant Landrys Seafood Hse to complaint [1-1]; jury demand (former empl) (Entered: 12/07/1999)

RECAP
7 Dec. 15, 1999

ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Donald E. Abram by Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 12/16/1999)

RECAP
8 Dec. 17, 1999

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Donald E. Abram ; Rule 16 conference set for 1:45 1/25/00 (cc: all counsel) (former empl) (Entered: 12/20/1999)

RECAP
9 Dec. 30, 1999

CERTIFICATE OF MAILING BY CLERK OF COURT OF order [8-1] (former empl) (Entered: 12/30/1999)

RECAP
10 Jan. 25, 2000

COURTROOM MINUTES by Magistrate Judge Donald E. Abram ; rule 16 conf held on 1/25/00 ; 5 day jury trial set for 6/4/01 ; Trial prep conference set for 8:00 5/9/00 (sic) schedulin gorder approved ; entry date : 1/27/00 Court Reporter: DEA Tape 2000-06 (former empl) (Entered: 01/27/2000)

RECAP
11 Jan. 25, 2000

SCHEDULING ORDER signed Magistrate Judge Donald E. Abram ; Discovery cutoff 8/4/00 ;dispositive motions due 8/18/00 ; settlement conference 1:30 5/9/00 ;pretrial conference set 9:00 10/31/00 (cc: all counsel) (former empl) (Entered: 01/27/2000)

RECAP
12 Jan. 31, 2000

MINUTE ORDER : by Judge Lewis T. Babcock ; 5 day jury trial set for 6/4/01 ; Trial prep conference set for 8:00 5/9/01 (cc: all counsel) ; entry date : 2/1/00 (former empl) (Entered: 02/01/2000)

RECAP
13 Feb. 9, 2000

MINUTE ORDER by Magistrate Judge Boyd N. Boland terminating case referral to Magistrate Judge Donald E. Abram upon his retirement & case referred to Magistrate Judge Boyd N. Boland (cc: all counsel) ; entry date : 2/10/00 (former empl) (Entered: 02/10/2000)

RECAP
14 Feb. 11, 2000

Identification (STATEMENT) by plaintiff of may-call witnesses (gms) (Entered: 02/16/2000)

RECAP
15 May 5, 2000

MOTION by plaintiff EEOC, defendant Landrys Seafood Hse to vacate and reset the 5/9/00 settlment conference to 6/16/00 (former empl) (Entered: 05/05/2000)

RECAP
16 May 5, 2000

MEMORANDUM by Judge Lewis T. Babcock referring to Magistrate Judge Boyd N. Boland the motion to vacate and reset the 5/9/00 settlment conference to 6/16/00 [15-1] (former empl) (Entered: 05/09/2000)

RECAP
17 May 8, 2000

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to vacate and reset the 5/9/00 settlment conference [15-1] ; settlement conf reset for 2:30 6/23/00 (cc: all counsel) ; entry date : 5/9/00 (former empl) (Entered: 05/09/2000)

RECAP
18 June 16, 2000

Stipulated MOTION filed by defendant Landrys Seafood Hse to vacate 6/23/00 settlement conference and reset (former empl) (Entered: 06/20/2000)

RECAP
19 June 22, 2000

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to vacate 6/23/00 settlement conference and reset [18-1], amending [11-1] schedule order ; settlement conf RESET TO 10:00 7/14/00 (cc: all counsel) ; entry date : 6/23/00 (former empl) (Entered: 06/23/2000)

RECAP
20 June 27, 2000

Stipulated MOTION by plaintiff EEOC, defendant Landrys Seafood Hse to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 (former empl) (Entered: 06/28/2000)

RECAP
21 June 28, 2000

MEMORANDUM by Judge Lewis T. Babcock referring to Magistrate Judge Boyd N. Boland the motion to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 [20-1] (former empl) (Entered: 06/28/2000)

RECAP
22 June 29, 2000

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend scheduling order as follows: dispositive motions due 10/4/00; discovery deadline 9/20/00 [20-1], regarding [11-1] schedule order ; discovery ddl set 9/20/00 ; disp mtn ddl set 10/4/00 and expert discover as set forth (cc: all counsel) ; entry date : 6/30/00 (former empl) (Entered: 06/30/2000)

RECAP
23 July 14, 2000

COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; settlement conf held 7/14/00 and settlement placed of record ; dsm papers ddl set for 8/4/00 ; entry date : 7/18/00 Court Reporter: BNB Civil Tape 2000-48 (former empl) (Entered: 07/18/2000)

RECAP
24 July 14, 2000

MEMORANDUM by Magistrate Judge Boyd N. Boland ; dsm papers ddl set for 8/4/00 (former empl) (Entered: 07/18/2000)

RECAP
25 July 17, 2000

ORDER signed 7/14/00, filed 7/17/00 by Magistrate Judge Boyd N. Boland on settled case ; dsm papers ddl set for 8/4/00 (cc: all counsel) ; entry date : 7/18/00 (former empl) (Entered: 07/18/2000)

RECAP
26 Aug. 2, 2000

Status REPORT by plaintiff EEOC..anticipate filing dismissal pleadings by 8/21/00 (former empl) (Entered: 08/03/2000)

RECAP
27 Aug. 10, 2000

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; dsm papers or status report ddl set for 8/21/00 (cc: all counsel) ; entry date : 8/14/00 (former empl) (Entered: 08/14/2000)

RECAP
28 Aug. 21, 2000

Status REPORT by defendant Landrys Seafood Hse on settlemenet documents (former empl) (Entered: 08/22/2000)

RECAP
29 Aug. 31, 2000

STATUS REPORT by plaintiff EEOC (former empl) (Entered: 09/05/2000)

RECAP
30 Aug. 31, 2000

Third STATUS REPORT by defendant Landrys Seafood Hse (former empl) (Entered: 09/05/2000)

RECAP
31 Sept. 14, 2000

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; dsm papers ddl set for 9/27/00 (cc: all counsel) ; entry date : 9/16/00 (former empl) (Entered: 09/16/2000)

RECAP
32 Sept. 25, 2000

CONSENT DECREE signed 9/22/00, filed 9/25/00 by Chief Judge Lewis T. Babcock, recitals and findings that the decree is fair, reasonable and just ORDERING: dft/SIMMS agreed to tendcer checks of $8,000 to Kathleen Cook as compensatory damages and check to Brenda Cox, $2,500, Kathy Gilmore, $4,500, Susan Hansen, $2,500, Jennifer Bowman $2,500, either directly or through the COMMISSION as appropriate or necessary; the named individuals will be individually responsible for all applicable taxes related to the monies received, acopy of the checks shall be mailed simultaneously to the COMMISSION; if any person refuses to accept a pyment under this decree or cannot be located that person's allottment shall be split evenly amongst the other named individuals; the parties agree that all payments on money made by SIMMS pursuant to this decree shall be subject to strict confidentiality agreement by those individuals receiving money as set forth in Attachment "A"; SIMMS agrees that it will comply with Title VII in all respects and will prevent acts of harrassment in violation of Title VIIi; any future claims that SIMMS has violated Title VII shall not constitute a breach of this Agreement or relieve the parties of their obligations under the consent Decree; all claims set forth in 99-B-1866 are resolved; terms and conditions of compliance required by SIMMS are fully set forth in paragraphs 11-20; each parth shall be responsible for its own costs/attorney's fee unless as otherwise Ordered; the Court retains jurisdiction for 3 years for purposes of compliance; ( terminating case) (cc: all counsel) ; entry date : 9/25/00 (former empl) Modified on 09/25/2000 (Entered: 09/25/2000)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 24, 1999

Closing Date: Sept. 25, 2000

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

Landry's Seafood House - Colorade, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of Colorado 1:99-cv-01866

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 20000

Order Duration: 2000 - 2003

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation