Case: EEOC v. INITIAL SECURITY

1:04-cv-01309 | U.S. District Court for the District of Delaware

Filed Date: Sept. 28, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Philadelphia District Office of the EEOC brought this suit against Initial Security, in September 2004, in the U.S. District Court for the District of Delaware. The suit is based on racial discrimination and retaliation against a black male employee in violation of Title VII of the Civil Rights Act of 1964. Initial Security filed a motion for summary judgment which was never ruled on, and after the case went to court ordered mediation, a settlement was reached. The consent decree was iss…

The Philadelphia District Office of the EEOC brought this suit against Initial Security, in September 2004, in the U.S. District Court for the District of Delaware. The suit is based on racial discrimination and retaliation against a black male employee in violation of Title VII of the Civil Rights Act of 1964. Initial Security filed a motion for summary judgment which was never ruled on, and after the case went to court ordered mediation, a settlement was reached. The consent decree was issued on November 3, 2005.

The decree included injunctive relief as well as a monetary award. Initial Security was required to cease all discrimination and retaliation in violation of Title VII, design a complaint system to encourage employees to come forward with complaints, post notice relating to this case and the employees rights under Title VII, and to provide training for their managers. The defendant was awarded $55,000 for compensatory damages. The court maintained jurisdiction over this case for two years from its signing.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Alex Bean (6/1/2007)

Documents in the Clearinghouse

Document

1:04-cv-01309

Docket

EEOC v. Initial Security

Nov. 3, 2005

Nov. 3, 2005

Docket
40

1:04-cv-01309

Consent Decree

EEOC v. Initial Security

Nov. 3, 2005

Nov. 3, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4221675/equal-employment-v-initial-security/

Last updated Aug. 10, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Magistrate Consent Notice to Pltf. (els)

Sept. 28, 2004

Sept. 28, 2004

PACER
2

CASE assigned to Judge Kent A. Jordan . Notice to all parties. (rjb)

Oct. 6, 2004

Oct. 6, 2004

PACER
3

NOTICE of attorney appearance for Initial Security filed by Frank E. Noyes II (rwc)

Oct. 28, 2004

Oct. 28, 2004

PACER
4

RETURN OF SERVICE executed as to Initial Security 10/18/04; Answer due on 11/8/04 for Initial Security (rwc)

Oct. 28, 2004

Oct. 28, 2004

PACER
5

MOTION by Initial Security with Proposed Order for Debbie R. Sandler to Appear Pro Hac Vice re: [5-1] motion (rwc)

Nov. 3, 2004

Nov. 3, 2004

PACER
6

STIPULATION with proposed order that Deft. Initial Security shall have an ext. of time to respond to Complaint by 12/03/04. (afb)

Nov. 10, 2004

Nov. 10, 2004

PACER
7

ANSWER to Complaint filed by Initial Security. (rwc)

Dec. 3, 2004

Dec. 3, 2004

PACER
8

Letter dated 12/7/04 by Judge Jordan to parties enclosing a scheduling order form and requesting the parties contact the Court w/in 10-days to schedule a teleconference. (rwc)

Dec. 7, 2004

Dec. 7, 2004

PACER
9

ORDER, set Tele-Scheduling Conference for 11:00 1/4/05 ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc)

Dec. 16, 2004

Dec. 16, 2004

PACER
10

MOTION by Initial Security with Proposed Order for Tanya A. Salgado to Appear Pro Hac Vice re: [10-1] motion (rwc)

Dec. 23, 2004

Dec. 23, 2004

PACER
11

Letter dated 12/30/04 to Judge Jordan by Rachel M. Smith, Esq., enclosing a joint proposed scheduling order in anticipation of the 1/4/05 teleconference. (rwc)

Jan. 3, 2005

Jan. 3, 2005

PACER
12

Notice of Deficiency from the court to plaintiff Equal Employment, Re: DI#11 not signed by local counsel, insufficient number of copies filed. (rwc)

Jan. 3, 2005

Jan. 3, 2005

PACER
13

Steno Notes for 1/4/05 filed by Ct Rptr B. Gaffigan. (rwc)

Jan. 4, 2005

Jan. 4, 2005

PACER
14

CERTIFICATE OF SERVICE by Equal Employment, Re: Initial Disclosures were served. (rwc)

Jan. 6, 2005

Jan. 6, 2005

PACER
15

Letter dated 1/7/05 to Judge Jordan by Patricia C. Hannigan, Esq., enclosing a final form of proposed scheduling order for approval. (rwc)

Jan. 7, 2005

Jan. 7, 2005

PACER
16

SCHEDULING ORDER: setting Discovery cutoff for 7/30/05 ; Status Report due 5/18/05 ; Status Teleconference set for 4:30 on 5/25/05; Deadline for filing dispositive motions set for 8/15/05; Pretrial conference set for 4:30 on 1/17/06 ; Proposed Pretrial Order due on 12/19/05; Jury Trial (3-days) set for 9:30 on 2/6/06 ; Case is referred to the U.S. Magistrate for ADR. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc)

Jan. 10, 2005

Jan. 10, 2005

PACER
17

TRIAL MANAGEMENT ORDER - (see Order for details). ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc)

Jan. 10, 2005

Jan. 10, 2005

PACER
18

ORDER - setting teleconference for 9:30 on 2/7/05. ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc)

Jan. 11, 2005

Jan. 11, 2005

PACER
19

CERTIFICATE OF SERVICE by EEOC, Re: 1st sets of discovery requests were served. (rwc)

Jan. 12, 2005

Jan. 12, 2005

PACER
20

CERTIFICATE OF SERVICE by Initial Security, Re: Interrog., were served. (rwc) Modified on 01/13/2005

Jan. 13, 2005

Jan. 13, 2005

PACER
21

ORDER - setting Mediation for 10:00 on 8/16/05. ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc)

Feb. 7, 2005

Feb. 7, 2005

PACER
22

CERTIFICATE OF SERVICE by Equal Employment re answers to dft's 1st set of interrogs. (ntl)

Feb. 10, 2005

Feb. 10, 2005

PACER
23

CERTIFICATE OF SERVICE by Equal Employment re answers to dft's 1st request for prod. of docs. (ntl)

Feb. 10, 2005

Feb. 10, 2005

PACER
24

NOTICE OF SERVICE of of 3/16/05 depositions by Equal Employment Opportunity Commission.(Hannigan, Patricia)

March 8, 2005

March 8, 2005

RECAP
25

NOTICE OF SERVICE of of 3/17/05 depositions of G. Ellis & A Kitchen by Equal Employment Opportunity Commission.(Hannigan, Patricia)

March 8, 2005

March 8, 2005

RECAP
26

NOTICE OF SERVICE of Plaintiff EEOC'S Second Request for Production of Documents by Equal Employment Opportunity Commission.(Hannigan, Patricia)

April 1, 2005

April 1, 2005

RECAP
27

NOTICE OF SERVICE of Plaintiff EEOC'S Answers to Defendant's Second Set of Interrogatories by Equal Employment Opportunity Commission.(Hannigan, Patricia)

April 1, 2005

April 1, 2005

RECAP
28

NOTICE OF SERVICE of Plaintiff EEOC'S Responses to Defendant's Second Set of Requests for Production of Documents by Equal Employment Opportunity Commission.(Hannigan, Patricia)

April 1, 2005

April 1, 2005

RECAP
29

NOTICE OF SERVICE of Notice of Deposition by Equal Employment Opportunity Commission.(Hannigan, Patricia)

April 14, 2005

April 14, 2005

RECAP
30

Joint STATUS REPORT by Equal Employment Opportunity Commission. (Hannigan, Patricia)

May 18, 2005

May 18, 2005

RECAP
31

STENO NOTES of teleconference held on 5/25/05 before Judge Jordan. Court Reporter: B. Gaffigan. (Notes on file in Clerk's Office) (rwc, )

May 25, 2005

May 25, 2005

PACER
32

Joint STIPULATION TO EXTEND TIME to file dispositive motions to August 29, 2005 - filed by Initial Security. (Attachments: # (1) certificate of service)(Noyes, Frank)

1 certificate of service

View on RECAP

June 3, 2005

June 3, 2005

RECAP
33

ORDER Setting Mediation Conferences: Mediation Conference originally set for 8/16/2005 at 10:00 AM has been rescheduled for 9/8/2005 at 9:30 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 8/16/2005. (cab, )

Aug. 16, 2005

Aug. 16, 2005

RECAP
34

MOTION for Summary Judgment - filed by Initial Security. (Attachments: # (1) Text of Proposed Order # (2) Certificate of Service)(Noyes, Frank)

1 Text of Proposed Order

View on RECAP

2 Certificate of Service

View on RECAP

Aug. 29, 2005

Aug. 29, 2005

RECAP
35

OPENING BRIEF in Support re [34] MOTION for Summary Judgment filed by Initial Security.Answering Brief/Response due date per Local Rules is 9/13/2005. (Noyes, Frank)

Aug. 29, 2005

Aug. 29, 2005

RECAP
36

APPENDIX to Motion for Summary Judgment by Initial Security. (Attachments: # (1) continued# (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13))(Noyes, Frank)

1 continued

View on RECAP

2 *Restricted*

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3 *Restricted*

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4 *Restricted*

View on RECAP

5 *Restricted*

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6 *Restricted*

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7 *Restricted*

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8 *Restricted*

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9 *Restricted*

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10 *Restricted*

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11 *Restricted*

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12 *Restricted*

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13 *Restricted*

View on RECAP

Aug. 29, 2005

Aug. 29, 2005

RECAP
37

MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Deadline to File Opposition to Motion for Summary Judgment - filed by Equal Employment Opportunity Commission. (Hannigan, Patricia)

Aug. 31, 2005

Aug. 31, 2005

RECAP
38

Letter to Honorable Kent A. Jordan from Patricia C. Hannigan & Rachael M. Smith regarding Settlement in Principle. (Hannigan, Patricia)

Sept. 13, 2005

Sept. 13, 2005

RECAP
39

PROPOSED CONSENT JUDGMENT Consent Decree by Equal Employment Opportunity Commission. (Hannigan, Patricia)

Nov. 1, 2005

Nov. 1, 2005

RECAP
40

CONSENT DECREE ORDER - (see Order for details). ***Civil Case Terminated. Signed by Judge Kent A. Jordan on 11/3/05. (rwc, )

Nov. 3, 2005

Nov. 3, 2005

RECAP

Case Details

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Initial Security (Newport, Deleware), Private Entity/Person

Initial Security (Wilmington Delaware), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 55000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Monitoring

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits