Case: EEOC v. Bay State Milling Company

2:12-cv-14439 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 10, 2012

Closed Date: Aug. 18, 2014

Clearinghouse coding complete

Case Summary

After an unsuccessful attempt to reach a pre-litigation settlement through its conciliation process, on January 25, 2013, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Southern District of Florida. The EEOC alleged violations of the Age Discrimination in Employment Act ("ADEA") and the Fair Labor Standards Act ("FLSA") against Bay State Milling Company. Specifically, the EEOC alleged that the defendant discriminated against a qualifie…

After an unsuccessful attempt to reach a pre-litigation settlement through its conciliation process, on January 25, 2013, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Southern District of Florida. The EEOC alleged violations of the Age Discrimination in Employment Act ("ADEA") and the Fair Labor Standards Act ("FLSA") against Bay State Milling Company. Specifically, the EEOC alleged that the defendant discriminated against a qualified applicant when the hiring manager rejected him because of his age. The hiring manager informed the applicant of the company's desire to hire a younger individual for the job. The company ultimately hired a 22-year-old with less experience than the applicant. The EEOC sought injunctive and monetary relief as well reinstatement of the affected individual. District Judge Donald L. Graham was assigned to this case.

The parties agreed upon a settlement agreement on November 12, 2013. The two-year consent decree settling the lawsuit, approved by the court on December 10, 2013, included injunctive relief to ban the defendant from considering age as a factor when making hiring decisions, mandatory training for the hiring manager, and interviewing officials and the company's human resources department, with an emphasis on age-related discriminatory practices and age sensitivity. The decree also provided for a number of reporting requirements, subjecting the company to additional monitoring by the EEOC for a period of two years. The monetary award was $80,185.66, which included back pay and liquidated damages.

On May 5, 2014, the individual plaintiff moved to vacate the settlement, proceeding pro se because of a dispute in the settlement amount. The defendant opposed the plaintiff’s motion.

On July 25, 2014, the matter was referred to Magistrate Judge Jonathan Goodman who issued a Report and Recommendation. On August 17, 2014, District Judge Graham adopted the Magistrate’s reports. He denied the plaintiff’s motion to vacate the settlement agreement and granted in part and denied in part the defendant’s motion to enforce settlement by: (i) ordering the plaintiff to execute a W-9 form; (ii) requiring defendant to, as soon as practicable, pay the plaintiff after he provides defendant with his W-9 form; and (iii) denying defendant's request for attorney's fees.

This case is closed.

Summary Authors

Susie Choi (3/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4234740/parties/equal-employment-opportunity-commission-v-bay-state-milling-company/


Judge(s)

Goodman, Jonathan (Florida)

Graham, Donald L. (Florida)

Lynch, Frank J. Jr. (Florida)

Attorneys(s) for Plaintiff

Golson, Aarin Benatra (Florida)

Haberichter, Jamie M. (Michigan)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

McCoy, Kimberly Anne (Florida)

McCoy-Cruz, Kimberly A. (Florida)

Reams, Gwendolyn Young (District of Columbia)

Judge(s)

Goodman, Jonathan (Florida)

Graham, Donald L. (Florida)

Lynch, Frank J. Jr. (Florida)

Attorneys(s) for Plaintiff

Golson, Aarin Benatra (Florida)

Haberichter, Jamie M. (Michigan)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

McCoy, Kimberly Anne (Florida)

McCoy-Cruz, Kimberly A. (Florida)

Reams, Gwendolyn Young (District of Columbia)

Schlanger, Margo (District of Columbia)

Schofield, Arthur (Florida)

Scott, Cathleen Ann (Florida)

Wagner, Lindsey (Florida)

Weisberg, Robert E. (Florida)

Attorneys(s) for Defendant

Jones, Jeremiah Richard (Florida)

Lucas, Kim M. (Florida)

Santoro, Thomas Mead (Florida)

Schwartz, Jennifer A. (Florida)

Documents in the Clearinghouse

Document

Docket

Equal Employment Opportunity Commission v. Bay State Milling Company

Aug. 18, 2014 Docket

Docket [PACER]

Equal Employment Opportunity Commission v. Bay State Milling Company

Aug. 18, 2014 Docket

Docket [PACER]

Legore v. Bay State Milling Company

Aug. 18, 2014 Docket
1

Complaint

Dec. 10, 2012 Complaint
1

Complaint

Legore v. Bay State Milling Company

Jan. 25, 2013 Complaint
37

Order on Defendant's Motion to Compel

Equal Employment Opportunity Commission v. Bay State Milling Co.

June 18, 2013 Order/Opinion
34

Amended Complaint

Legore v. Bay State Milling Company

Aug. 23, 2013 Complaint
70

Consent Decree

Dec. 10, 2013 Order/Opinion

Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case

[NA]

No Court

Dec. 11, 2013 Press Release
91

Order and Omnibus Report and Recommendations on Cross-Motions Regarding Vacating or Enforcing Settlement

July 25, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234740/equal-employment-opportunity-commission-v-bay-state-milling-company/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Bay State Milling Company. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by Eeoc. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Golson, Aarrin) (Entered: 12/10/2012)

1 Civil Cover Sheet

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2 Summon(s)

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Dec. 10, 2012 RECAP
2

Judge Assignment to Judge Donald L. Graham and Magistrate Judge Frank J. Lynch, Jr (tpl) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
3

Summons Issued as to Bay State Milling Company. (tpl) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
4

Bar Letter re: Admissions sent to attorneys James L. Lee and Gwendolyn Y. Reams, mailing date December 11, 2012. (ksa) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
5

Defendant's ANSWER and Affirmative Defenses to Complaint by Bay State Milling Company.(Schwartz, Jennifer) (Entered: 01/02/2013)

Jan. 2, 2013 RECAP
6

NOTICE of Attorney Appearance by Kim M. Lucas on behalf of Bay State Milling Company (Lucas, Kim) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
7

Corporate Disclosure Statement by Bay State Milling Company (Schwartz, Jennifer) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
8

ORDER Setting Status Conference: Telephonic Status Conference set for 2/6/2013 02:00 PM before Judge Donald L. Graham. Signed by Judge Donald L. Graham on 1/4/2013. (lbc) (Entered: 01/07/2013)

Jan. 4, 2013 PACER
9

Clerk's Notice of Undeliverable Mail re 2 Judge Assignment. US Mail returned for: Attorney P. David Lopez . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (cqs) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
10

NOTICE by Equal Employment Opportunity Commission of Pending Similar Action (Golson, Aarrin) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
11

STATUS REPORT by Bay State Milling Company, Equal Employment Opportunity Commission (Schwartz, Jennifer) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
12

CONSENT to Jurisdiction by US Magistrate Judge by Bay State Milling Company, Equal Employment Opportunity Commission (Lucas, Kim) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
13

Minute Entry for proceedings held before Judge Donald L. Graham: Status Conference held on 2/6/2013. Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@flsd.uscourts.gov (cf) (Entered: 02/06/2013)

Feb. 6, 2013 PACER
14

SCHEDULING ORDER. Telephonic Pretrial Conference set for 10/16/2013 02:00 PM before Judge Donald L. Graham. Jury Trial set for 11/18/2013 before Judge Donald L. Graham. Telephonic Calendar Call set for 11/13/2013 02:00 PM before Judge Donald L. Graham. Amended Pleadings due by 5/24/2013. Discovery due by 8/30/2013. Joinder of Parties due by 5/24/2013. Motions due by 9/9/2013. Pretrial Stipulation due by 10/11/2013. Notice of Court Practice. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)

Feb. 20, 2013 PACER
15

ORDER REFERRING CASE to Mediation. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)

Feb. 20, 2013 PACER
16

ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for Discovery Proceedings. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)

Feb. 20, 2013 PACER
17

Notice of Mediation Hearing before Mediator, Cori Flam Meltzer filed by Cori Flam Meltzer. Mediation Hearing set for 3/8/2013 09:30 AM (Meltzer, Cori) (Entered: 02/27/2013)

Feb. 27, 2013 PACER
18

ORDER Scheduling Mediation before Cathleen Scott. Mediation Hearing set for 3/8/2013 09:30 AM. Signed by Judge Donald L. Graham on 2/28/2013. (lbc) (Entered: 02/28/2013)

Feb. 28, 2013 PACER
19

Clerk's Notice of Undeliverable Mail re 8 Order Setting Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/08/2013)

March 8, 2013 PACER
20

Clerk's Notice of Undeliverable Mail re 13 Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/11/2013)

March 11, 2013 PACER
21

FINAL MEDIATION REPORT by Cori Flam Meltzer. Disposition: Case did not settle.(Meltzer, Cori) (Entered: 03/12/2013)

March 12, 2013 PACER
22

Motion to Compel

1 Exhibit A - Discovery Requests

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2 Exhibit B - EEOC Letter

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3 Exhibit C - Notice of Deposition

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4 Exhibit D - March 12 Letter

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5 Exhibit E - March 20 Letter

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6 Exhibit F - March 26 e-mail

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7 Exhibit G - March 27 e-mail

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8 Exhibit H - March 28 e-mail

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9 Exhibit I - March 29 e-mail

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10 Exhibit J - April 1 e-mail

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April 2, 2013 PACER
23

Order

April 3, 2013 PACER
24

Response in Opposition to Motion

April 10, 2013 PACER
25

Reply to Response to Motion

1 Exhibit A

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April 10, 2013 PACER
26

Motion for Extension of Time to File Response/Reply

1 Text of Proposed Order Proposed Order for Extension of Time

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April 10, 2013 PACER
27

Response to Motion

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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April 10, 2013 PACER
29

Order on Motion for Extension of Time to File Response/Reply

April 10, 2013 PACER
28

Order on Motion to Compel

April 11, 2013 PACER
30

Notice of Attorney Appearance

April 11, 2013 PACER
31

Order

April 12, 2013 PACER
32

Motion to Compel

1 Exhibit A - Discovery Requests

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2 Exhibit B - Letter

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3 Exhibit C - Discovery Responses

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4 Exhibit D - Privilege Logs

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5 Exhibit E - Letter

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6 Exhibit F - Letter

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7 Exhibit G - Email

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8 Exhibit H - Letter

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9 Exhibit I - Email

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10 Exhibit J - Supplemental Discovery Responses

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11 Exhibit K - Email

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12 Exhibit L - Email

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May 24, 2013 PACER
33

Motion for Extension of Time

June 4, 2013 PACER
34

Order on Motion for Extension of Time

June 4, 2013 PACER
35

Response in Opposition to Motion

1 Exhibit A - Email 3/27

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2 Exhibit B - Email 4/22

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3 Exhibit C - Affidavit

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4 Exhibit D - Privelege Log

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5 Exhibit E - Chair Declaration

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6 Exhibit F - Email 5/8

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June 10, 2013 PACER
36

Reply to Response to Motion

1 Exhibit A - Email

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June 14, 2013 PACER
37

Order on Motion to Compel

June 18, 2013 PACER
38

Motion for Extension of Time

1 Text of Proposed Order

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Sept. 5, 2013 PACER
39

Order on Motion for Extension of Time

Sept. 9, 2013 PACER
40

Motion for Summary Judgment

Sept. 16, 2013 PACER
41

Statement

Sept. 16, 2013 PACER
42

Notice (Other)

1 Exhibit A - Excerpts - Legore

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2 Exhibit B - Excerpts - Hawkes

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3 Exhibit C - Excerpts - Galluzzo

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4 Exhibit D - Excerpts - Long

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5 Exhibit E - Excerpts - Wunderly

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6 Exhibit F - Excerpts - Dooley

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7 Exhibit G - Excerpts - Raiola

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8 Exhibit H - Affidavit - Raiola

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Sept. 16, 2013 PACER
43

Motion for Extension of Time

Sept. 18, 2013 PACER
44

Order on Motion for Extension of Time

Sept. 19, 2013 PACER
45

Motion to Stay

1 Exhibit

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2 Exhibit

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Oct. 1, 2013 PACER
46

Order on Motion to Stay

Oct. 3, 2013 PACER
47

Order Cancelling Deadline/Hearing

Oct. 15, 2013 PACER
48

Order Lifting Stay

Oct. 17, 2013 PACER
49

Scheduling Order

Oct. 17, 2013 PACER
50

Notice (Other)

Oct. 23, 2013 PACER
51

Response in Opposition to Motion

Oct. 23, 2013 PACER
52

Statement

Oct. 23, 2013 PACER
53

Notice (Other)

1 Exhibit

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34 Exhibit

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Oct. 23, 2013 PACER
54

Notice (Other)

Oct. 24, 2013 PACER
55

Response in Opposition to Motion

Oct. 24, 2013 PACER
56

Motion for Miscellaneous Relief

Oct. 24, 2013 PACER
57

Reply to Response to Motion

Nov. 1, 2013 PACER
58

Notice of Striking

Nov. 1, 2013 PACER
59

Response/Reply (Other)

Nov. 1, 2013 PACER
60

Scheduling Order

Nov. 4, 2013 PACER
61

Notice of Attorney Appearance

Nov. 4, 2013 PACER
62

Order Referring Case to Judge

Nov. 5, 2013 PACER
63

Order

Nov. 5, 2013 PACER
64

Motion to Consolidate Cases

Nov. 6, 2013 PACER
65

Endorsed Order

Nov. 6, 2013 PACER
66

Settlement Conference

Nov. 12, 2013 PACER
67

Order

1 "Mediation" E-Mail

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2 "Release" E-Mail

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3 "Downstairs" E-Mail

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Nov. 18, 2013 PACER
68

Order

1 "Life" E-Mail

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2 "Donna m ballman" E-Mail

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Nov. 19, 2013 PACER
69

Motion for Miscellaneous Relief

1 Exhibit Consent Decree

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Nov. 22, 2013 PACER
70

Order on Motion for Miscellaneous Relief

Dec. 10, 2013 PACER
71

Administrative Order

Dec. 27, 2013 PACER
72

Motion to Continue

1 Text of Proposed Order Proposed Order

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Jan. 6, 2014 PACER
73

Order on Motion to Continue

Jan. 7, 2014 PACER
74

Endorsed Order

Jan. 17, 2014 PACER
75

Status Conference

Jan. 22, 2014 PACER
76

Order

Jan. 23, 2014 PACER
77

Sealed Document

Jan. 29, 2014 RECAP
78

Motion to Vacate

March 5, 2014 PACER
79

Order Referring Motion

March 5, 2014 PACER
80

Order

March 6, 2014 PACER
81

Response in Opposition to Motion

1 Exhibit A

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2 Exhibit B

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March 10, 2014 PACER
82

Order

March 14, 2014 PACER
83

Motion for Extension of Time to File Response/Reply

1 Text of Proposed Order Proposed Order Granting Motion

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March 17, 2014 PACER
84

Order on Motion for Extension of Time to File Response/Reply

March 17, 2014 PACER
85

Response/Reply (Other)

1 Exhibit A: Final Consent Decree

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2 Exhibit B: Email from Jennifer Schwartz - REDACTED

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March 24, 2014 PACER
86

Response to Motion

1 Exhibit A: Final Consent Decree

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2 Exhibit B: Email from Jennifer Schwartz - REDACTED

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March 24, 2014 PACER
87

Order

March 24, 2014 PACER
88

Response/Reply (Other)

1 Exhibit A - composite

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April 1, 2014 PACER
89

Order Referring Case to Judge

July 15, 2014 PACER
90

Transcript

July 21, 2014 PACER
91

Report and Recommendations

July 25, 2014 PACER
92

Endorsed Order

July 25, 2014 PACER
93

Notice of Compliance

July 28, 2014 PACER
94

Objections to Report and Recommendations

Aug. 6, 2014 PACER
95

Order on Motion to Vacate

Aug. 18, 2014 PACER

State / Territory: Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 10, 2012

Closing Date: Aug. 18, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bay State Milling Company, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $80,185.66

Order Duration: 2013 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Reinstatement

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit