Case: Equal Employment Opportunity Commission v. 98 Starr Road Operating Co., LLC

2:22-cv-00168 | U.S. District Court for the District of Vermont

Filed Date: Sept. 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

The U.S. Equal Employment Opportunity Commission (EEOC) brought this suit alleging that a senior-care facility violated federal law by allowing Black nurses and nurse assistants to be subjected to ongoing and egregious racial harassment by residents. Six Black employees had filed complaints with the EEOC that their employer had not adequately responded to their reports of residents’ racist language and violent behavior toward them. They alleged that the conditions created a hostile work environ…

The U.S. Equal Employment Opportunity Commission (EEOC) brought this suit alleging that a senior-care facility violated federal law by allowing Black nurses and nurse assistants to be subjected to ongoing and egregious racial harassment by residents. Six Black employees had filed complaints with the EEOC that their employer had not adequately responded to their reports of residents’ racist language and violent behavior toward them. They alleged that the conditions created a hostile work environment in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. After the parties were unable to reconcile under EEOC administrative procedures, the EEOC filed this suit against the employer in the U.S. District Court for the District of Vermont on September 6, 2022. The suit asked District Judge Christina Reiss for a permanent injunction against maintaining a racially hostile work environment; an order compelling the creation of policies, practices, and programs to provide equal employment opportunities; and compensatory and punitive damages.

On November 23, 2022, Defendant moved for judgment on the pleadings for failure to state a claim, saying it could not be held liable for actions of residents who were not its employees, especially when federal and state regulations limit the amount of control they can exercise over residents. In addition, it claimed that the residents’ mental impairments and lack of control over their actions meant that the conditions did not qualify as a hostile work environment. Judge Reiss denied the motion on July 17, 2023, 682 F.Supp.3d 414, because case law suggested that plausible remedial measures were available even in the strict regulatory environment of senior-care facilities. In addition, she ruled that the residents’ behavior could qualify as a racially hostile work environment despite their mental incapacities.

The parties engaged in a contentious discovery process for the ensuing year. On April 5, 2024, Plaintiff filed an amended complaint to add a second Defendant, a company engaged in the management of the facility. As of February 2025, the case was ongoing.

Summary Authors

Erin Lichtenstein (3/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64950169/parties/us-equal-employment-opportunity-commission-v-98-starr-road-operating/


Judge(s)
Attorney for Plaintiff

Esq., Emily R. (Vermont)

Esq., Alison Bitterly (Vermont)

Attorney for Defendant

Esq., Caroline J. (Vermont)

Esq., Christopher P. (Vermont)

Esq., Pietro J. (Vermont)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-00168

Complaint

Sept. 6, 2022

Sept. 6, 2022

Complaint
42

2:22-cv-00168

Opinion and Order Denying Defendant's Motion for Judgment on the Pleadings

July 17, 2023

July 17, 2023

Order/Opinion

682 F.Supp.3d 414

67

2:22-cv-00168

Amended Complaint

April 5, 2024

April 5, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64950169/us-equal-employment-opportunity-commission-v-98-starr-road-operating/

Last updated Oct. 23, 2025, 6:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against 98 Starr Road Operating Co., LLC filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (sjl) (Entered: 09/06/2022)

1 Civil Cover Sheet

View on RECAP

Sept. 6, 2022

Sept. 6, 2022

Clearinghouse
2

WAIVER OF SERVICE Returned Executed: 98 Starr Road Operating Co., LLC waiver sent on 9/6/2022, answer due 11/7/2022.(Cruz, Kimberly) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

3

NOTICE OF APPEARANCE by Katie N. Linehan, Esq on behalf of Equal Employment Opportunity Commission.(Linehan, Katie) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

4

NOTICE OF APPEARANCE by Pietro J. Lynn, Esq on behalf of 98 Starr Road Operating Co., LLC.(Lynn, Pietro) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

5

MOTION for Extension of Time to File Answer to 1 COMPLAINT filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro) (Additional attachment(s) added on 11/3/2022: # 1 Exhibit A) (eh). Modified on 11/3/2022 to clarify text and link entries (sjl). (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

6

NOTICE OF DOCKET ENTRY CORRECTION re: 5 MOTION for Extension of Time to File Answer filed by 98 Starr Road Operating Co., LLC. Exhibit A was omitted at the time of filing. It can now be found attached to 5 and this entry. (eh) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

7

ANSWER to 1 Complaint by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) Modified on 11/8/2022 to clarify text and link entries (sjl). (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

8

CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by 98 Starr Road Operating Co., LLC (Lynn, Pietro) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

9

ENE LETTER re: Potential Evaluators sent; responses due by 11/28/2022. (eh) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

10

MOTION for Admission Pro Hac Vice of Caroline J. Berdzik, Esq. and Christopher Maugans, Esq. filed by 98 Starr Road Operating Co., LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(jlh) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

11

ORDER GRANTING 10 Motion for Admission Pro Hac Vice of Caroline J. Berdzik, Esq. and Christopher Maugans, Esq. Signed by Judge Christina Reiss on 11/16/2022. (This is a text-only Order.) (ejh) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

Order on Motion for Admission Pro Hac Vice

Nov. 16, 2022

Nov. 16, 2022

12

STIPULATED MOTION for Extension of Time to File Motion to Strike filed by Equal Employment Opportunity Commission.(Linehan, Katie) Event clarified on 11/21/2022 (law). (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

13

NOTICE OF APPEARANCE by Caroline J. Berdzik, Esq on behalf of 98 Starr Road Operating Co., LLC.(Berdzik, Caroline) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

14

NOTICE OF APPEARANCE by Christopher P. Maugans, Esq on behalf of 98 Starr Road Operating Co., LLC.(Maugans, Christopher) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

15

STIPULATION AS TO ENE by all parties.(Linehan, Katie) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

16

PROPOSED Stipulated Discovery Schedule/Order by Equal Employment Opportunity Commission.(Linehan, Katie) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

17

ASSIGNED Early Neutral Evaluator: Michael J. Marks, Esq. (eh) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

18

ORDER granting 5 Motion for Extension of Time to File an Answer or File Motion for Judgment on the Pleadings. Signed by Judge Christina Reiss on 11/22/2022. (This is a text-only Order.) (law) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

19

STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 7/7/2023; Motions due by 8/7/2023; Early Neutral Evaluation set for 3/30/2023 at 10:00 AM; Ready for Trial by 1/15/2024. Signed by Judge Christina Reiss on 11/22/2022. (law) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

Order on Motion for Extension of Time to Answer

Nov. 22, 2022

Nov. 22, 2022

20

MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. (Attachments: # 1 Declaration of Christopher P. Maugans, # 2 Exhibit A (sealed), # 3 Exhibit B)(Lynn, Pietro) (Attachment 2 replaced on 11/23/2022) (law). Modified on 11/23/2022 to clarify attachment (sjl). (Main Document 20 replaced on 11/23/2022) (sjl). (Additional attachment(s) added on 11/23/2022: # 4 Memorandum in Support) (sjl). (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

21

MOTION to File Under Seal Exhibit A as to 20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

22

NOTICE OF DOCKET ENTRY UPDATE re: 20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. Exhibit A has been received; it is now attached to 20 under seal. (law) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

23

NOTICE OF DOCKET ENTRY CORRECTION re: 20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. The main document and the memorandum of law were combined into one document. They have been broken apart and are now attached separately to 20 and this entry. (Attachments: # 1 Memorandum in Support) (sjl) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

Notice of Docket Entry Correction

Nov. 23, 2022

Nov. 23, 2022

24

ORDER GRANTING 12 Unopposed Motion for Extension of Time to File. Signed by Judge Christina Reiss on 11/28/2022. (This is a text-only Order.) (ejh) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

25

MOTION to Stay Discovery filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

Order on Motion for Extension of Time to File

Nov. 28, 2022

Nov. 28, 2022

26

MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re 7 ANSWER to 1 Complaint filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Katie N. Linehan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Linehan, Katie) Modified on 12/6/2022 to clarify text and link entries (sjl). (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

27

RESPONSE to 21 MOTION to File Under Seal Exhibit A as to 20 MOTION for Judgment on the Pleadings filed by Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

28

NOTICE of Hearing re: 26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re 7 ANSWER to 1 Complaint. Motion Hearing set for 2/13/2023 at 02:30 PM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

29

RESPONSE in Partial Opposition to 25 MOTION to Stay Discovery filed by Equal Employment Opportunity Commission. (Linehan, Katie) Modified on 12/13/2022 to clarify text (sjl). (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

30

RESPONSE in Opposition re 26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re 7 ANSWER to 1 Complaint filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

31

RESPONSE in Opposition to 20 MOTION for Judgment on the Pleadings filed by Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

32

REPLY to Response to 25 MOTION to Stay Discovery filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

33

ORDER GRANTING IN PART and DENYING IN PART Defendant 98 Starr Road Operating Co., LLCs (Defendants) 25 Motion to Stay Discovery During the Pendency of its Rule 12(c) 20 Motion for Judgment on the Pleadings. A request for a stay of discovery pursuant to Rule 26(c) is committed to the sound discretion of the court based on a showing of good cause. Fed. R. Civ. P. 26(c). The pendency of a dispositive motion is not, without more, grounds for an automatic stay. Thomas v. N.Y.C. Dept of Educ., 2010 WL 3709923, at *3 (E.D.N.Y. Sept. 14, 2010); see also Local Rule 26(a)(3) (Discovery, including the obligation to file a Discovery Schedule, shall not be stayed during the pendency of a Fed. R. Civ. P. 12(b) or (c) motion.). Instead, in considering whether to issue a stay, a district court considers the nature and complexity of the particular case[,] as well as: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay. Bethpage Water Dist. v. Northrop Grumman Corp., 2014 WL 6883529, at *2 (E.D.N.Y. Dec. 3, 2014) (internal quotation marks omitted). Here, Defendant fails to make a strong showing that Plaintiffs claim is unmeritorious and its reliance on the Second Circuits non binding summary order in Wright v. Monroe Cmty. Hosp., 493 F. Appx 233 (2d Cir. 2012), does not alter that conclusion. Continuing discovery during the pendency of Defendants motion will not be unduly burdensome because Plaintiff does not oppose Defendants motion to stay non written discovery. Requiring Plaintiff to refrain from all discovery would delay this case unnecessarily. The court therefore GRANTS IN PART Defendants motion to stay discovery with regard to all non written discovery until the court has ruled on Defendants pending motion (Doc. 20 ) and DENIES the remainder of the motion. Signed by Judge Christina Reiss on 12/29/2022. (This is a text-only Order.) (jbr) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

Order on Motion to Stay

Dec. 29, 2022

Dec. 29, 2022

34

REPLY to Response to 26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re 7 ANSWER to 1 Complaint filed by Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

35

REPLY to Response to 20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

36

NOTICE OF APPEARANCE by Alison Bitterly, Esq on behalf of Equal Employment Opportunity Commission.(Bitterly, Alison) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

37

ORDER GRANTING 21 Motion to Seal. No opposition filed. The court finds that disclosure of the progress notes may violate HIPAA and the need for privacy substantially outweighs the need for public access. If the parties or the court relies on the progress notes, disclosure of the portions relied upon shall be made public. Signed by Judge Christina Reiss on 2/2/2023. (This is a text-only Order.) (ejh) (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

Order on Motion to Seal (NEF is sent - Order is not sealed)

Feb. 2, 2023

Feb. 2, 2023

38

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing held on 2/13/2023 re 26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses. Present via video conference: Katie Linehan, Esq., Alison Bitterly, Esq., and Kimberly Cruz, Esq., for pltf. Present via video conference: Caroline Berdzirk, Esq., Christopher Maugans, Esq., and Sean Toohey, Esq., for dfts. The court makes inquiries. Statements by counsel. ORDERED: Granted 26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses. The court grants leave to amend sua sponte. Dft has 14 days to replead affirmative defenses. (Court Reporter: Johanna Masse) (jbr) (Entered: 02/14/2023)

Feb. 13, 2023

Feb. 13, 2023

~Util - Ruling on Motions AND ~Util - Set Deadlines AND Motion Hearing

Feb. 14, 2023

Feb. 14, 2023

~Util - Set Deadlines AND Motion Hearing AND ~Util - Ruling on Motions

Feb. 14, 2023

Feb. 14, 2023

~Util - Set Deadlines AND ~Util - Ruling on Motions AND Motion Hearing

Feb. 14, 2023

Feb. 14, 2023

39

AMENDED ANSWER to 1 Complaint by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

40

JOINT MOTION to Stay Discovery Schedule Deadlines Pending Ruling on 20 Motion for Judgment on the Pleadings filed by Equal Employment Opportunity Commission.(Linehan, Katie) Link added on 4/21/2023 (law). (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

41

ORDER GRANTING 40 Joint Motion to Stay Discovery Schedule Deadlines Pending Ruling on 20 Motion for Judgment on the Pleadings. Signed by Judge Christina Reiss on 4/21/2023. (This is a text-only Order.) (ejh) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

Order on Motion to Stay

April 21, 2023

April 21, 2023

42

OPINION AND ORDER denying 20 Motion for Judgment on the Pleadings. Signed by Judge Christina Reiss on 7/17/2023. (law) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

Clearinghouse
43

STIPULATED DISCOVERY LETTER SENT re: no amended stipulated discovery schedule filed. (law) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

44

PROPOSED Amended Stipulated Discovery Schedule/Order by Equal Employment Opportunity Commission.(Linehan, Katie) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

45

AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 4/8/2024; Motions due by 5/7/2024; Ready for Trial by 9/16/2024. Signed by Judge Christina Reiss on 8/17/2023. (law) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

46

ENE LETTER sent re: status of ENE session; responses due by 12/5/2023. (law) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

47

REPORT of Early Neutral Evaluator. (Attachments: # 1 Certificate of Service)(Marks, Michael) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

48

UNOPPOSED MOTION for Leave to Exceed Page Limit by 5 Pages re: motion to quash filed by Equal Employment Opportunity Commission. (Bitterly, Alison) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

49

ORDER GRANTING 48 Unopposed Motion to Exceed Page Limit by 5 Pages re: motion to quash. Signed by Judge Christina Reiss on 12/19/2023. (This is a text-only Order.) (ejh) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

50

MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Alison Bitterly, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12)(Bitterly, Alison). Added MOTION for Protective Order on 12/20/2023 (law). (Additional attachment(s) added on 12/20/2023: # 15 Index of Exhibits) (law). (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

Order on Motion to Exceed Page Limit

Dec. 19, 2023

Dec. 19, 2023

51

NOTICE OF DOCKET ENTRY CORRECTION re: 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order filed by Equal Employment Opportunity Commission. The required Index of Exhibits was not included at the time of filing. The index is now attached to 50 and this entry. (law) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

52

STIPULATED MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order filed by 98 Starr Road Operating Co., LLC(Lynn, Pietro) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

53

RESPONSE in Opposition re 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order filed by 98 Starr Road Operating Co., LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Memorandum in Support)(Maugans, Christopher) Attachment descriptions clarified on 1/10/2024 (law). (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

54

ORDER GRANTING 52 Stipulated Motion for Extension of Time to File Response/Reply as to 50 Motion to Quash Portions of Defendant's Third-Party Subpoenas and Motion for Protective Order. Signed by Judge Christina Reiss on 1/16/2024. (This is a text-only Order.) (ejh) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

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

Jan. 16, 2024

Jan. 16, 2024

55

JOINT MOTION to Amend the Discovery Schedule/Order filed by Equal Employment Opportunity Commission. (Linehan, Katie) Event/text clarified on 1/25/2024 (law). (Entered: 01/25/2024)

Jan. 25, 2024

Jan. 25, 2024

56

ORDER granting 55 Joint Motion to Amend the Discovery Schedule/Order: Discovery due by 7/8/2024; Motions due by 8/5/2024; Ready for Trial by 12/9/2024. Signed by Judge Christina Reiss on 1/25/2024. (law) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

57

REPLY to Response to 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 01/29/2024)

Jan. 29, 2024

Jan. 29, 2024

58

MOTION to Compel Defendant's Production of Documents filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Katie Linehan, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13)(Linehan, Katie) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

59

NOTICE of Hearing re: 58 MOTION to Compel Defendant's Production of Documents, 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas and MOTION for Protective Order. Motion Hearing set for 5/10/2024 at 03:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(law) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

60

STIPULATED MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Compel Defendant's Production of Documents filed by 98 Starr Road Operating Co., LLC(Lynn, Pietro) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

61

RESPONSE in Opposition to 58 MOTION to Compel Defendant's Production of Documents filed by 98 Starr Road Operating Co., LLC. (Attachments: # 1 Declaration of Christopher P. Maugans, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Maugans, Christopher) Documents replaced, text clarified on 3/21/2024) (law). (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

62

NOTICE OF DOCKET ENTRY CORRECTION re: 61 Response in Opposition to 58 Motion to Compel Defendant's Production of Documents filed by 98 Starr Road Operating Co., LLC. The documents were uploaded in the incorrect order and have been replaced. They are now correctly attached to 61 and this entry. (Attachments: # 1 Declaration of Christopher P. Maugans, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (law) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

63

ORDER GRANTING 60 Stipulated Motion for Extension of Time to File Response/Reply as to 58 Motion to Compel Defendant's Production of Documents. Signed by Judge Christina Reiss on 3/25/2024. (This is a text-only Order.) (ejh) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

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

March 25, 2024

March 25, 2024

64

STIPULATED MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Compel Defendant's Production of Documents filed by Equal Employment Opportunity Commission(Linehan, Katie) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

65

ORDER GRANTING 64 Stipulated Motion for Extension of Time to File Response/Reply as to 58 Motion to Compel Defendant's Production of Documents. Signed by Judge Christina Reiss on 4/1/2024. (This is a text-only Order.) (ejh) (Entered: 04/01/2024)

April 1, 2024

April 1, 2024

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

April 1, 2024

April 1, 2024

66

NOTICE of Filing of Amended Complaint by Equal Employment Opportunity Commission (Attachments: # 1 Attachment Integrated Enterprise Stipulation)(Linehan, Katie) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

67

AMENDED COMPLAINT against 98 Starr Farm Road Operating Co., LLC, Elderwood Administrative Services, LLC filed by U.S. Equal Employment Opportunity Commission.(Linehan, Katie) Parties clarified on 4/5/2024 (law). (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

Clearinghouse
68

REPLY to Response to 58 MOTION to Compel Defendant's Production of Documents filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Katie N. Linehan, # 2 Exhibit 1)(Linehan, Katie) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

69

NOTICE OF APPEARANCE by Emily R. Kempa, Esq on behalf of U.S. Equal Employment Opportunity Commission.(Kempa, Emily) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

70

ANSWER to 67 Amended Complaint by 98 Starr Road Operating Co., LLC.(Maugans, Christopher) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

71

ANSWER to 67 Amended Complaint by Elderwood Administrative Services, LLC.(Maugans, Christopher) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

72

JOINT MOTION for Protective Order filed by U.S. Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Linehan, Katie) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

73

MOTION for Leave to Appear Virtually for the May 10, 2024 Hearing filed by 98 Starr Road Operating Co., LLC, Elderwood Administrative Services, LLC. (Maugans, Christopher) Text clarified on 5/7/2024 (law). (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

74

PROPOSED Order re 73 MOTION for Leave to Appear Virtually for the May 10, 2024 Hearing by 98 Starr Road Operating Co., LLC, Elderwood Administrative Services, LLC. (Maugans, Christopher) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

75

ORDER GRANTING 73 Unopposed Motion for Leave to Appear Virtually for the May 10, 2024 Hearing. Signed by Judge Christina Reiss on 5/7/2024. (This is a text-only Order.) (ejh) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

76

STIPULATED PROTECTIVE ORDER re: 72 Joint Motion for Protective Order. Signed by Judge Christina Reiss on 5/7/2024. (law) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

Order on Motion for Leave to Appear

May 7, 2024

May 7, 2024

77

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing held on 5/10/2024 re 58 MOTION to Compel Defendant's Production of Documents, 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas. Emily Kemper, Esq., and Katie Linehan, Esq., present for pltf. Christopher Maugans, Esq., and Kristin Wright, Esq., present on video for dft. The court makes inquiries. Statements by counsel. ORDERED: 58 MOTION to Compel Defendant's Production of Documents granted in part. Parties have 90 days to complete discovery requests and completion of production of documents. If needed, the parties may file an amended discovery schedule. ORDERED: Denying 50 MOTION to Quash Portions of Defendant's Third-Party Subpoenas. Subpoenas must be limited to the subject matter identified and ordered by the court. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/14/2024)

May 10, 2024

May 10, 2024

Motion Hearing AND ~Util - Ruling on Motions AND ~Util - Set Deadlines/Hearings

May 14, 2024

May 14, 2024

78

JOINT MOTION to Amend the Discovery Schedule/Order filed by U.S. Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

79

TRANSCRIPT of Motion Hearing held on 5/10/2024, before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 8029518102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2024. Redacted Transcript Deadline set for 6/24/2024. Release of Transcript Restriction set for 8/22/2024. (jbr) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

80

ORDER granting 78 JOINT MOTION to Amend the Discovery Schedule/Order: Discovery due by 10/11/2024; Motions due by 11/12/2024; Ready for Trial by 3/10/2025. Signed by Judge Christina Reiss on 5/23/2024. (law) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

81

MOTION to Extend the Discovery Schedule/Order filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Emily R. Kempa, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2)(Kempa, Emily) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

82

RESPONSE in Opposition re 81 MOTION to Extend the Discovery Schedule/Order filed by 98 Starr Road Operating Co., LLC, Elderwood Administrative Services, LLC. (Attachments: # 1 Declaration of of Christopher P. Maugans, # 2 Exhibit A)(Maugans, Christopher) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

83

REPLY to Response to 81 MOTION to Extend the Discovery Schedule/Order filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Alison Bitterly, # 2 Exhibit 1)(Bitterly, Alison) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

84

NOTICE of Hearing: Status Conference, via video conference, set for 8/5/2024 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

Case Details

State / Territory:

Vermont

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

EEOC on behalf of six Black employees of a nursing home

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

ELDERWOOD AT BURLINGTON (Burlington, Chittenden), Private Entity/Person

Case Details

Causes of Action:

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

Other Dockets:

District of Vermont 2:22-cv-00168

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Assault/abuse by residents/inmates/students

Discrimination Area:

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits