Case: Equal Employment Opportunity Commission v. iTutorGroup, Inc.

Equal Employment Opportunity Commission v. iTutorGroup

Equal Employment Opportunity Commission v. iTutorGroup

Nathaniel M. Glasser, Adam S. Forman, Frances M. Green of Epstein Becker & Green, P.C.

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Seltzer, Daniel) (Entered: 05/05/2022)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Summons Issued as to All Defendants. (Attachments: # 1 Tutor summons, # 2 Shanghai summons) (Bowens, Priscilla) (Entered: 05/05/2022)

1 Tutor summons

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2 Shanghai summons

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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/05/2022)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/05/2022)

Case Assigned/Reassigned

Case Assigned to Judge Pamela K. Chen and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. iTutorGroup, Inc. served on 7/7/2022, answer due 7/28/2022., Summons Returned Unexecuted by Equal Employment Opportunity Commission as to iTutorGroup, Inc.. (Seltzer, Daniel) (Entered: 07/13/2022)

Summons Returned Unexecuted by Equal Employment Opportunity Commission as to iTutorGroup, Inc.. (Seltzer, Daniel) (Entered: 07/13/2022)

MOTION to Amend/Correct/Supplement 1 Complaint, by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 (Proposed Amended Complaint)) (Seltzer, Daniel) (Entered: 08/03/2022)

AMENDED COMPLAINT against All Defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Summons) (Seltzer, Daniel) (Entered: 08/03/2022)

1 Proposed Summons

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Order on Motion to Amend/Correct/Supplement

ORDER granting 7 Motion to Amend/Correct/Supplement. Ordered by Magistrate Judge Roanne L. Mann on 8/3/2022. (LK)

Summons Issued re 8 Amended Complaint as to Tutor Group Limited. (Lee, Tiffeny) (Entered: 08/05/2022)

Status Report Order

STATUS REPORT ORDER Plaintiff has taken no action to pursue this case since the Amended Complaint was filed on August 3, 2022. Plaintiff is directed, on pain of sanctions, to file a status report by January 3, 2023. Ordered by Magistrate Judge Roanne L. Mann on 12/27/2022. (LK)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Tutor Group Limited served on 10/12/2022, answer due 11/2/2022. (Seltzer, Daniel) (Entered: 12/28/2022)

STATUS REPORT by Equal Employment Opportunity Commission (Seltzer, Daniel) (Entered: 12/29/2022)

Order

ORDER DE #11: Application granted in substantial part. Plaintiff EEOC need not move for entry of default against any of the defendants until defendant Shanghai Ping'An Intelligent Education Technology Co., Ltd. has been served and defaults. Ordered by Magistrate Judge Roanne L. Mann on 12/29/2022. (LK)

Order(Other)

Case Assigned/Reassigned

Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (JT)

NOTICE of Appearance by Michael James Sheppeard on behalf of Tutor Group Limited, iTutorGroup, Inc. (aty to be noticed) (Sheppeard, Michael) (Entered: 01/27/2023)

Corporate Disclosure Statement by Tutor Group Limited, iTutorGroup, Inc. (Sheppeard, Michael) (Entered: 01/30/2023)

MOTION for Extension of Time to File Answer re 10 Summons Returned Executed, Order, 5 Summons Returned Executed, Summons Returned Unexecuted, 11 Status Report, 8 Amended Complaint by Tutor Group Limited, iTutorGroup, Inc.. (Sheppeard, Michael) (Entered: 01/30/2023)

Order on Motion for Extension of Time to Answer

ORDER granting 14 Motion for Extension of Time to Answer. The deadline for defendants Tutor Group Limited and iTutorGroup, Inc. to answer or otherwise respond to the Amended Complaint is extended to February 20, 2023. Ordered by Magistrate Judge Peggy Kuo on 1/31/2023. (RO)

ANSWER to 8 Amended Complaint by Tutor Group Limited, iTutorGroup, Inc.. (Sheppeard, Michael) (Entered: 02/21/2023)

SCHEDULING ORDER: An Initial Conference will be held in this case on April 6, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By March 31, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/23/2023. (RO) (Entered: 02/23/2023)

Corporate Disclosure Statement by Shanghai Ping'An Intelligent Education Technology Co., Ltd. (Sheppeard, Michael) (Entered: 03/09/2023)

AMENDED ANSWER & AFFIRMATIVE DEFENSES OF ITUTORGROUP, INC. AND TUTOR GROUP LIMITED --AND -- ANSWER & AFFIRMATIVE DEFENSES OF SHANGHAI PINGAN INTELLIGENT EDUCATION TECHNOLOGY CO. LTD. ANSWER to 8 Amended Complaint by Shanghai Ping'An Intelligent Education Technology Co., Ltd., Tutor Group Limited, iTutorGroup, Inc.. (Sheppeard, Michael) (Entered: 03/09/2023)

STIPULATION re 18 Answer to Amended Complaint, (JOINT STIPULATION REGARDING WITHDRAWAL OF THE FOURTH, SIXTH, SEVENTH, AND EIGHTH AFFIRMATIVE DEFENSES FROM THE ANSWER) by Equal Employment Opportunity Commission (Seltzer, Daniel) (Entered: 03/29/2023)

Proposed Scheduling Order (Joint) by Equal Employment Opportunity Commission (Attachments: # 1 Memorandum in Support) (Seltzer, Daniel) (Entered: 03/29/2023)

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on April 6, 2023. Daniel Seltzer, Esq. appeared on behalf of plaintiff. Michael Sheppeard, Esq. appeared on behalf of defendants. The parties informed the Court they plan on conducting discovery in 2 phases. They will first address the relationship between tutors and defendants to determine whether they are employees or independent contractors. The second phase will address the candidates whose applications were rejected by Defendants' software on the basis of age. The Court will address Phase 2 discovery with the parties if a settlement agreement is not reached after the Settlement Conference.The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings for phase 1 of discovery. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by August 10, 2023. The parties are directed to file a joint status report by August 11, 2023 regarding the result of mediation.A settlement conference will be held by video on October 4, 2023 at 2:00 pm before Magistrate Judge Peggy Kuo. A representative of the plaintiff and the defendants with complete settlement authority (other than counsel) must be present. The video link for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements.The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by September 26, 2023. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. (FTR Log: 10:35 - 11:09) (RO) (Entered: 04/06/2023)

MOTION for Protective Order by Shanghai Ping'An Intelligent Education Technology Co., Ltd., Tutor Group Limited, iTutorGroup, Inc.. (Attachments: # 1 Exhibit Tracked Changes to Standard Confidentiality Order, # 2 Exhibit Proposed Confidentiality Order) (Sheppeard, Michael) (Entered: 05/18/2023)

ORDER granting 22 Motion for Protective Order. The proposed Confidentiality Order filed at [22-2] is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 5/19/2023. (RO) (Entered: 05/19/2023)

NOTICE of Settlement and Request for Approval and Execution of Consent Decree by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order (Proposed Consent Decree)) (Seltzer, Daniel) (Entered: 08/09/2023)

1 Proposed Order (Proposed Consent Decree)

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1 - Terminate Deadlines and Hearings

ORDER: In light of the Notice of Settlement 24 informing the Court the parties in this matter have reached a settlement, the settlement conference scheduled for October 4, 2023 is canceled. Ordered by Magistrate Judge Peggy Kuo on 8/10/2023. (RO)

Terminate Deadlines and Hearings

Scheduling Order

ORDER: The Court is in receipt of the parties' 24 Request for Approval and Execution of Consent Decree and is prepared to approve it. However, the Court first directs the parties to appear for a telephone conference on 8/28/2023 at 10:00 AM to discuss the parties' request for the Court to administratively close the case while retaining jurisdiction. The parties will dial in to the hearing by calling 888-684-8852 and using the access code 7245547. Ordered by Judge Pamela K. Chen on 8/21/2023. (LC)

Status Conference

Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference held on 8/28/2023. Appearances by Daniel L. Seltzer for Plaintiff Equal Employment Opportunity Commission; and Michael James Sheppeard for Defendants iTutorGroup, Inc., Tutor Group Limited, and Shanghai Ping'An Intelligent Education Technology Co., Ltd. Case called. Discussion held. For the reasons discussed on the record, the parties will file an updated Consent Decree at their earliest convenience. (Court Reporter Jamie Stanton.) (LC)

NOTICE of Settlement and Request for Approval and Execution of Consent Decree by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order (Proposed Consent Decree)) (Seltzer, Daniel) (Entered: 09/01/2023)

Case Returned from Mediation

Case returned from mediation. Settled prior to mediation. (DS)

CONSENT DECREE: The ( 25 -1) proposed order is adopted and So Ordered. Ordered by Judge Pamela K. Chen on 9/8/2023. See attached for details. (FG) (Entered: 09/08/2023)

~Util - Case Returned from Mediation