Case: EEOC v. U.S. SIGNS

1:01-cv-00809 | U.S. District Court for the Western District of New York

Filed Date: Nov. 13, 2001

Closed Date: June 29, 2004

Clearinghouse coding complete

Case Summary

The EEOC's New York district office sued U.S. Signs, Inc., a national large-scale retail sign manufacturer and distributor, on November 15, 2001 in the U.S. District Court for the Western District of New York. The EEOC's complaint is unavailable, however the EEOC's causes of action are written in the consent decree. The EEOC alleged that U.S. Signs violated Title VII when it discriminated against the intervenor, who intervened in May 2002, based on sex (male) by creating a sexually harassing …

The EEOC's New York district office sued U.S. Signs, Inc., a national large-scale retail sign manufacturer and distributor, on November 15, 2001 in the U.S. District Court for the Western District of New York. The EEOC's complaint is unavailable, however the EEOC's causes of action are written in the consent decree. The EEOC alleged that U.S. Signs violated Title VII when it discriminated against the intervenor, who intervened in May 2002, based on sex (male) by creating a sexually harassing atmosphere, failed to rectify the situation when notified, and retaliated against the intervenor for his complaint by terminating him. The parties entered into a settlement conference in February 2004 and the case was resolved through consent judgment on June 29, 2004. The consent judgment stipulated that U.S. Signs would pay the intervenor $50,000 in damages, post notice of compliance with Title VII, provide Title VII training for its staff, and develop a complaint procedure for handling discrimination claims internally.

Summary Authors

Daisy Manning (6/4/2007)

Related Cases

DePronio v. Administaff Inc., Western District of New York (2003)

Documents in the Clearinghouse

Document

1:01-cv-00809

Docket

EEOC v. U.S. Signs

June 30, 2004

June 30, 2004

Docket
55

1:01-cv-00809

1:03-cv-00411

Order (Consolidating Cases)

EEOC v. U.S. Signs, Inc.

May 18, 2004

May 18, 2004

Order/Opinion
57

1:01-cv-00809

Consent Decree

EEOC v. U.S. Signs

June 29, 2004

June 29, 2004

Settlement Agreement
58

1:01-cv-00809

Order (Dismissing 01-00809 with prejudice)

EEOC and Joseph DePronio v. U.S. Signs, Inc.

June 30, 2004

June 30, 2004

Order/Opinion

Resources

Docket

Last updated July 21, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; JURY TRIAL DEMANDED (DLC) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

SUMMONS(ES) issued for U.S. Signs, Inc. (DLC) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

2

ORDER, Jurisdiction and power to participate as a facilitator in Settlement discussions is Granted to USMJ Schroeder, Jr. (Signed by Senior USDJ John T. Elfvin) Notice and copy of order sent to Raechel L. Adams (DLC) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

3

MOTION to Intervene by Joseph A. DePronio (DLC) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

4

MEMORANDUM by Joseph A. DePronio in support of [3-1] motion to Intervene by Joseph A. DePronio (DLC) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

NOTICE from chambers (JTE); Response to Motion set to 12/14/01 for [3-1] motion to Intervene by Joseph A. DePronio , Reply to Response to Motion set to 12/19/01 , Motion Hearing set for 3:00 on 12/21/01 . (DLC) (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

5

RESPONSE by Equal Employment to [3-1] motion to Intervene by Joseph A. DePronio (DLC) (Entered: 12/03/2001)

Dec. 3, 2001

Dec. 3, 2001

NOTICE from chambers (JTE); Response to Motion set to 1/4/02 for [3-1] motion to Intervene by Joseph A. DePronio , Reply to Response to Motion set to 1/10/02 , Motion Hearing set for 3:00 on 1/11/02 (DLC) (Entered: 12/17/2001)

Dec. 17, 2001

Dec. 17, 2001

8

Minute entry: Motion to intervene adjourned to 3:00pm on 1/11/02. JTE (JMD) (Entered: 01/10/2002)

Dec. 21, 2001

Dec. 21, 2001

6

MEMORANDUM OF LAW by U.S. Signs, Inc. in opposition to [3-1] motion to Intervene by Joseph A. DePronio (DLC) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

7

AFFIDAVIT by attorney for U.S. Signs, Inc. in opposition to [3-1] motion to Intervene by Joseph A. DePronio (DLC) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

9

REPLY MEMORANDUM OF LAW by Joseph A. DePronio in further support of [3-1] motion to Intervene by Joseph A. DePronio (DLC) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

11

Minute entry: Joseph A. DePrinio's [3-1] motion to Intervene is argued and submitted. JTE (JMD) (Entered: 01/22/2002)

Jan. 11, 2002

Jan. 11, 2002

10

ANSWER to Complaint by U.S. Signs, Inc. (Attorney Lori D. Bauer, Greg A. Riolo), (JMD) (Entered: 01/15/2002)

Jan. 15, 2002

Jan. 15, 2002

12

ORDER, set Settlement Conference for 2:00 on 6/11/02 . (Signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Jonathan A. Bernstein, Greg A. Riolo, Lori D. Bauer, Raechel L. Adams (DLC) (Entered: 05/31/2002)

May 28, 2002

May 28, 2002

15

Settlement conference held, attorneys will contact Judge Elfvin for purpose of obtaining date for Rule 16 conference and establishment of case management order. HKS (JMD) (Entered: 07/10/2002)

June 27, 2002

June 27, 2002

14

Intervenor's COMPLAINT by Joseph A. DePronio against U.S. Signs, Inc.. JURY TRIAL DEMANDED. (DLC) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

16

ANSWER to Complaint by Corey Perez (Attorney Greg A. Riolo), (DLC) (Entered: 07/25/2002)

July 23, 2002

July 23, 2002

17

ANSWER to Complaint by U.S. Signs, Inc. (Attorney Greg A. Riolo), (DLC) (Entered: 07/25/2002)

July 23, 2002

July 23, 2002

NOTICE (JTE) Rule 16(b) conference set for 4:15pm on 9/17/02 (JMD) (Entered: 08/21/2002)

Aug. 20, 2002

Aug. 20, 2002

19

Rule 16(b) conference held. Court to issue order. JTE (JMD) (Entered: 09/27/2002)

Sept. 17, 2002

Sept. 17, 2002

18

ORDER, set Discovery deadline on 7/4/03; Deadline for filing a motion or motions for summary judgment by 8/4/03; Trial Date Status Conference 3:00 on 8/8/03 , Jurisdiction and power to participate as a facilitator in settlement discussions is GRANTED to USMJ Schroeder. (Signed by Senior USDJ John T. Elfvin) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 09/21/2002)

Sept. 21, 2002

Sept. 21, 2002

20

NOTICE of Motion by Equal Employment, Joseph A. DePronio to amend complaints. (DLC) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

21

JOINT MOTION by Equal Employment to Amend [1-1] complaint (DLC) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

22

MEMORANDUM OF LAW by Equal Employment, Joseph A. DePronio in support of [21-1] joint motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

23

AFFIRMATION/DECLARATION by Equal Employment Re: [21-1] joint motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

24

CERTIFICATE OF SERVICE by Equal Employment [21-1] joint motion to Amend [1-1] complaint by Equal Employment, [22-1] support memorandum by Joseph A. DePronio, Equal Employment, [23-1] affirmation by Equal Employment, [20-1] notice by Joseph A. DePronio, Equal Employment (DLC) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

NOTICE from chambers (JTE); Response to Motion set to 4/18/03 for [21-1] joint motion to Amend [1-1] complaint , Reply to Response to Motion set to 4/23/03 , Motion Hearing set for 3:00 on 4/25/03 (DLC) (Entered: 03/11/2003)

March 11, 2003

March 11, 2003

25

ORDER, that Niagara Frontier Psychiatric Association provide copies of any and all records responsive to the authorization executed by Joseph DePronio to Jackson Lewis LLP, attorneys for defendant in this aciton, upon payment of the reasonable copying costs incurred by Niagara Frontier Psychiatric Accociates . (Signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 04/14/2003)

April 10, 2003

April 10, 2003

26

AFFIDAVIT by U.S. Signs, Inc., Corey Perez in opposition to [21-1] joint motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 04/18/2003)

April 18, 2003

April 18, 2003

27

CERTIFICATE OF SERVICE by U.S. Signs, Inc., Corey Perez [26-1] opposition affidavit by Corey Perez, U.S. Signs, Inc. (DLC) (Entered: 04/18/2003)

April 18, 2003

April 18, 2003

28

MEMORANDUM by Equal Employment, Joseph A. DePronio in support of [21-1] joint motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

29

Tele-conference held. Plaintiff's motion to amend complaints is argued and submitted. (JTE) (DLC) (Entered: 05/02/2003)

April 25, 2003

April 25, 2003

30

ORDER denying [21-1] joint motion to Amend [1-1] complaint (Signed by Senior USDJ John T. Elfvin) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 05/14/2003)

May 14, 2003

May 14, 2003

NOTICE from chambers (JTE) Pre-trial conference set at 4:30 on 6/24/03. (DLC) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

32

Pre-trial conference held. Court to issue Order held. Court to issue Order. (JTE) (DLC) (Entered: 07/15/2003)

June 24, 2003

June 24, 2003

31

ORDER, set Discovery deadline on 1/9/04; Deadline for filing dispositive motions by 2/9/04; Trial Date Status Conference 3:00 on 2/13/04 , Jurisdiction and power to participate as a facilitator in settlement discussions is Granted to USMJ Schroeder, Jr. . (Signed by Senior USDJ John T. Elfvin) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 06/30/2003)

June 27, 2003

June 27, 2003

33

ORDER, set Status/Settlement Conference for 11:00 on 8/7/03 . (Signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 07/25/2003)

July 24, 2003

July 24, 2003

34

ORDER, to Consolidate Cases 03-cv-411 with 01-cv-809. ( signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (JMD) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

Consolidated Lead Case (JMD) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

36

SCHEDULING ORDER setting deadlines: compliance with requirements of Rule 26(a)(1) of the FRCP by 8/15/03; Motions to Join Parties/Amend Pleadings by 9/30/03; fact depositions completed by 11/21/03; filing of all dispositive motions 6/18/04; Discovery cutoff is 12/12/03; Defendant's expert witness ID deadline on 1/16/04; Plaintiff's expert witness ID deadline for 12/19/03; expert depositions to be completed by 3/26/04; expert discovery completed by 4/9/04; Plaintiff to submit a written demand to Defendant by 4/16/04 and Defendant to respond in writing by 4/30/04; subsequent pretrial conference for 2:00 on 5/10/04 (signed by USMJ H. K. Schroeder Jr.). Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (CMD) (Entered: 07/31/2003)

July 28, 2003

July 28, 2003

35

ORDER, Referring Case to USMJ H. K. Schroeder Jr., for all pre-trial matters, SHALL NOT hear and report upon dispositive motions, but can hear any lotion for injunctive relief and thereafter to file a report and recommendation . (Signed by Senior USDJ John T. Elfvin). Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams (DLC) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

37

MOTION by Equal Employment to Amend [1-1] complaint (DLC) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

38

MEMORANDUM by Equal Employment in support of [37-1] motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

39

AFFIRMATION/DECLARATION by Raechel Adams, Esq., attorney for Equal Employment Re: [37-1] motion to Amend [1-1] complaint by Equal Employment (DLC) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

40

ORDER, Response to Motion set to 10/24/03 for [37-1] motion to Amend [1-1] complaint , Reply to Response to Motion set to 10/31/03 , Motion Hearing set for 2:00 on 11/6/03 . (Signed by USMJ H. K. Schroeder Jr.). Notice and copy of order sent to Greg A. Riolo, Lori D. Bauer, Jonathan A. Bernstein, Raechel L. Adams. (DLC) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

42

MEMORANDUM IN OPPOSITION to plaintiff's [37] Motion to Amend/Correct the complaint by Administaff Companies, Inc.. (DLC) (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

43

AFFIDAVIT in opposition to [37] Motion to Amend/Correct the Complaint by attorney for Administaff Companies, Inc.. (DLC) (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

44

ATTORNEY AFFIDAVIT in opposition to [37] Motion to Amend/Correct Complaint by Administaff Companies, Inc.. (DLC) (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

41

AFFIDAVIT in opposition to [37] Motion to Amend/Correct by Corey Perez, U.S. Signs, Inc.. (DLC) (Entered: 10/28/2003)

Oct. 27, 2003

Oct. 27, 2003

45

Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Telephone Conference held on 10/30/2003, regarding issue raised in deposition of plaintiff. Resolved issue. (DLC) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

46

AFFIDAVIT with Reply Declaration and Reply Memorandum of Law included re [37] Motion to Amend/Correct by Joseph A. DePronio. (DLC) (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

47

CERTIFICATE OF SERVICE by Joseph A. DePronio re [46] Affidavit (DLC) (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

48

AMENDED CASE MANAGEMENT ORDER, All Fact Depositions by 1/5/04; All Fact Discovery due by 1/26/2004. Plaintiff's shall identify expert witnesses by 2/2/04; Defendant expert witnesses by 3/1/04. All Expert Depositions by 5/10/04. All Expert Discovery 5/24/04. Plaintiff's counsel shall submit a formal written settlement demand to defendants' by 5/31/04; Defendant's counsel shall respond by 6/14/04. Motions due by 8/2/2004. Pretrial Conference set for 6/28/2004 at 10:00 AM before Hon. H. Kenneth Schroeder Jr.. Signed by Judge H. Kenneth Schroeder Jr. on 11/6/03. (DLC, ) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

Mail Returned as Undeliverable. Mail sent to Christopher J. Belter, Esq. Remailed to new address. (DLC) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

50

AFFIDAVIT by Joseph A. DePronio in support of plaintiff/plaintiff-intervenor's application for a protective order (application for a protective order not on docket as referenced). (DLC) (Entered: 12/04/2003)

Dec. 3, 2003

Dec. 3, 2003

51

Letter from Christoper J. Belter, Esq., dated 12/12/3, to Judge Schroeder (JMD, ) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

52

ORDER: Settlement conference set for 2/24/2004 at 02:30 PM before Hon. H. Kenneth Schroeder, Jr. Deadlines set forth in [48] Amended Case Management Order re ID of and production of reports by expert witnesses stayed pending completion of settlement conference. Signed by Hon. H. Kenneth Schroeder Jr. on 01/22/04. (LMG) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

53

Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Settlement Conference held on 2/24/2004. After lengthy discussions, case settled. Parties have consented to my jurisdiction and will submit Rule 41 stipulation. (LMG) (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

54

ORDER OF REFERENCE -- This matter is referred to Magistrate Judge Schroeder for entry of the Consent Decree. Signed by Hon. John T. Elfvin on 3/24/24.(RAZ) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

55

ORDER that this action and 03-CV-0411E(Sr) shall be consolidated into a single action under the case number 01-CV-0809E(Sr), all documentation from 03-CV-0411E(Sr) shall be physically transferred to 01-CV-0809E(Sr) and that 03-CV-0411E(Sr) shall be closed. Signed by Hon. John T. Elfvin on 5/18/04.(RAZ) Clerk to proceed with any other action necessary. (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

56

CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge H. Kenneth Schroeder. (DLC) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

57

CONSENT DECREE Signed by Hon. H. Kenneth Schroeder Jr. on 06/29/04. (LMG) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 13, 2001

Closing Date: June 29, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Signs, Inc., 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: 50000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Retaliation Prohibition

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits