United States District Court, W.D. Wisconsin
CHELSEA SHUBAT and ALLISON R. SHUBAT, Plaintiffs,
CAVE ENTERPRISES OPERATIONS, LLC d/b/a BURGER KING OF ASHLAND, Defendant.
DEFAULT JUDGMENT ORDER
WILLIAM M. CONLEY DISTRICT JUDGE.
court held an evidentiary hearing on plaintiffs' motion
for default judgment on October 2, 2019, following the clerk
of court's entry of default as to the defendant Cave
Enterprises Operations, LLC, dated August 29, 2019 (dkt. #8),
at which plaintiffs and their counsel appeared by
videoconference. The following opinion sets forth the basis
for the court's award of relief to the plaintiffs in
light of the record before it, awards relief in the order
below and directs entry of final judgment against the
following facts are derived from the allegations in the
complaint (dkt. #1) -- now accepted as true), see VLM
Food Trading Int'l, Inc. v. Ill. Trading Co., 811
F.3d 247, 255 (7th Cir. 2016) -- the affidavits of plaintiffs
(dkt. ##15, 16) and their counsel (dkt. #13), the
accompanying exhibits, and plaintiffs' live testimony.
Plaintiff Chelsea Shubat (“Chelsea”) is an adult
resident of the state of Wisconsin, whose principal residence
is located at 66385 Highland Road, Ashland, WI 54806.
Plaintiff Allison R. Shubat (“Allison”) is an
adult resident of the state of Wisconsin, whose principal
residence is located at 77832 Firebreak Rd., Saxon, WI 54559.
Defendant Cave Enterprises Operations, LLC (“Cave
Enterprises”), is a Foreign Limited Liability Company.
For purposes of service of process, Defendant's
Registered Agent is Business Filings Incorporated, whose
mailing address is 8020 Excelsior Dr., Suite 200, Madison,
Among some 100 similar stores, Cave Enterprises owns and
operates a Burger King restaurant located at 122 Lake Shore
Dr., E, Ashland, Wisconsin (“Burger King
Ashland”). At all times relevant to this matter, Cave
Enterprises employed in excess of fifteen (15) employees.
action is brought under Title VII of the Civil Rights act of
1964, 42 U.S.C. § 2000e, et seq., Wis.Stat.
§ 111.31, et seq., and Wis.Stat. § 103.13.
Court has jurisdiction over plaintiffs' federal law
claims pursuant to 28 U.S.C. § 1331 and supplemental
jurisdiction over the related state law claims pursuant to 28
U.S.C. § 1367(a).
Venue is proper in, and defendant is subject to the personal
jurisdiction of, this Court because it maintains facilities
and business operations in this district, and all or most of
the events giving rise to this action occurred in this
district pursuant to 28 U.S.C. § 1391(b) and 42 U.S.C.
or about August 3, 2018, plaintiffs filed a complaint with
the Equal Employment Opportunity Commission
(“EEOC”) and the Wisconsin Department of
Workforce Development Equal Rights Division
(“ERD”), alleging discrimination in the form of
harassment and retaliation against defendant.
October 17, 2018, the ERD investigator issued an initial
determination of Probable Cause on Plaintiffs'
May 31, 2019, the EEOC issued a Notice of Right to Sue letter
to both plaintiffs for the allegations contained in their
August 3, 2018 complaints.
Unlawful Act of Unwelcome Sexual ...