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Shubat v. Cave Enterprises Operations, LLC

United States District Court, W.D. Wisconsin

October 4, 2019

CHELSEA SHUBAT and ALLISON R. SHUBAT, Plaintiffs,
v.
CAVE ENTERPRISES OPERATIONS, LLC d/b/a BURGER KING OF ASHLAND, Defendant.

          DEFAULT JUDGMENT ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE.

         This 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 defendant.

         FACTS

         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.

         A. The Parties

         1. 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.

         2. 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.

         3. 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, Wisconsin 53717.

         4. 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.

         B. Background

         5. This 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.

         6. The 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).

         7. 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. § 200e-5(f)(3).

         8. On 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.

         9. On October 17, 2018, the ERD investigator issued an initial determination of Probable Cause on Plaintiffs' complaints.

         10. On 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.

         C. Unlawful Act of Unwelcome Sexual ...


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