Case: EEOC v. THE HOME DEPOT

2:03-cv-04860 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 24, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against the intervenor employee, who intervened in July 2004, by failing to accommodate her intellectual disability and firing her because of her disability. After a series of status/management conferences an…

The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against the intervenor employee, who intervened in July 2004, by failing to accommodate her intellectual disability and firing her because of her disability.

After a series of status/management conferences and repeated mediation attempts, the parties entered into a consent decree on September 17, 2005. The consent decree stipulated that The Home Depot would not discriminate based on disability, would not retaliate against individuals asserting rights under the ADA, would maintain non-discrimination policies to ensure compliance with the ADA, would add training concerning compliance with the ADA to its pre-existing anti-discrimination training, would post notice of compliance with the ADA, and would pay the intervenor $75,000 in damages. The consent decree lasted for two years, and the case is now closed.

Summary Authors

Aaron Weismann (6/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12076939/parties/equal-employment-opportunity-commission-v-the-home-depot/


Judge(s)

Irizarry, Dora L. (New York)

Attorney for Plaintiff

Chandy, Sunu P. (New York)

Grossman, Elizabeth Anne (New York)

Attorney for Defendant

Burg, Michelle A. (New York)

Livingston, Donald R. (New York)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:03-cv-04860

Docket

EEOC v. The Home Depot

Jan. 17, 2006

Jan. 17, 2006

Docket
1

2:03-cv-04860

Complaint

EEOC v. The Home Depot

Sept. 24, 2003

Sept. 24, 2003

Complaint
33

2:03-cv-04860

Intervenor Complaint

EEOC v. The Home Depot

Sept. 1, 2004

Sept. 1, 2004

Complaint
64-2

2:03-cv-04860

Consent Decree with Exhibits

EEOC v. The Home Depot

Oct. 11, 2005

Oct. 11, 2005

Settlement Agreement

EEOC Litigation Settlement Report (October 2005)

EEOC v. The Home Depot

No Court

Oct. 31, 2005

Oct. 31, 2005

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12076939/equal-employment-opportunity-commission-v-the-home-depot/

Last updated Oct. 6, 2026, 8:46 p.m.

Docket for: Equal Employment Opportunity Commission v. The Home Depot
ECF Number Date Description Link
1 Sept. 24, 2003

COMPLAINT Summons Issued against The Home Depot filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) Modified on 9/30/2003 (Romano, Daniel). (Entered: 09/30/2003)

RECAP
2 Nov. 21, 2003

MOTION for Leave to Appear Pro Hac Vice; for an order admitting Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. pro hac vice, purs. to Local Rule 1.3(c), filed by The Home Depot. (Fagan, Linda) (Entered: 12/09/2003)

RECAP
3 Nov. 21, 2003

AFFIDAVIT of Michelle A. Burg in Support re 2 MOTION for Leave to Appear Pro Hac Vice; for an order admitting Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. pro hac vice, purs. to Local Rule 1.3(c), filed by The Home Depot. (Fagan, Linda) (Entered: 12/09/2003)

RECAP
6 Nov. 21, 2003

ANSWER to Complaint by The Home Depot.(Valle, Christine) (Entered: 01/12/2004)

RECAP
7 Nov. 21, 2003

DISCLOSURE of Interested Parties by The Home Depot.(Valle, Christine) (Entered: 01/12/2004)

RECAP
Nov. 24, 2003

Filing fee paid: Received $25.00, receipt number 286162, from: Akin, Gump, Strauss, Hauer & Feld LLP re: Admission Pro Hac Vice. (Fagan, Linda) (Entered: 12/09/2003)

PACER
Nov. 24, 2003

Filing fee paid: Received $25.00, receipt number 286162, from: Akin, Gump, Strauss, Hauer & Feld LLP re: Admission Pro Hac Vice. (Fagan, Linda)

4 Dec. 2, 2003

ORDER; granting 2 Motion for Leave to Appear. It is ordered that Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. of Akin, Gump, Strauss, Hauer & Feld, LLP are hereby admitted pro hac vice to appear and participate in this case before this Court in accordance with Local Civl Rule 1.3(c) of the United States Court for the Eastern District of New York. ( Signed by JudgeJoanna Seybert on 12/2/03.) c/m (Fagan, Linda) (Entered: 12/09/2003)

RECAP
8 Jan. 6, 2004

AMENDED COMPLAINT and Jury Trial Demand against The Home Depot, filed by Equal Employment Opportunity Commission.(Valle, Christine) (Entered: 01/21/2004)

RECAP
5 Jan. 12, 2004

Letter dated 1/8/04 from Jorge Guzman to Carol McMahon Re: As per our conversation on 1/6/04, here is a copy of the answer and the corporate disclosure statement which was filed in Court on 11/21/03 but was never docketed. (Valle, Christine) (Entered: 01/12/2004)

RECAP
9 Jan. 21, 2004

ANSWER to Amended Complaint by The Home Depot.(Valle, Christine) (Entered: 02/09/2004)

RECAP
10 Feb. 11, 2004

Letter dated 2/9/04 from Michelle A. Burg to Judge Seybert Re: To request that Your Honor provide a copy of all orders, notices and other correspondence to Paul E. Mirengoff, Esq as lead counsel at Akin Gump Strauss Hauer & Feld LLP. (Valle, Christine) (Entered: 03/08/2004)

RECAP
11 Feb. 24, 2004

MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Barhome, Sydelle) (Entered: 03/10/2004)

RECAP
12 Feb. 24, 2004

MEMORANDUM in Support re 11 MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Barhome, Sydelle) (Entered: 03/10/2004)

RECAP
13 Feb. 24, 2004

NOTICE of Motion by Carolyn Pisani re 11 MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) (Barhome, Sydelle) (Entered: 03/10/2004)

RECAP
15 March 1, 2004

Letter dated 2/26/04 from Sunu P. Chandy to Clerk of Court Re: This letter serves to inform the Court that EEOC is in support of pltff Intervenor Carolyn Pisani's Motion to Intervene in this matter. (Valle, Christine) (Entered: 03/30/2004)

RECAP
16 March 1, 2004

Letter dated 2/26/04 from Sunu P. Chandy to Clerk of Court Re: This letter serves to inform the Court that EEOC is in support of pltff Intervenor Carolyn Pisani's Motion to Intervene in this matter. (Valle, Christine) (Entered: 03/31/2004)

RECAP
17 March 8, 2004

Letter dated 3/5/04 from Michelle A. Burg to Clerk of Court Re: Enclosed for filing, please find Dft Home Depot's Memorandum of Law in Opposition to Motion to Intervene. (Valle, Christine) (Entered: 03/31/2004)

RECAP
18 March 8, 2004

MEMORANDUM in Opposition Re: 11 MOTION to Intervene as of Right as Party Pltff Pursuant to Federal Rules of Civil Procedure Rule 24(a) by The Home Depot. (Valle, Christine) (Entered: 03/31/2004)

RECAP
22 March 9, 2004

ORDER - Initial Conference set for 4/14/2004 at 09:30AM before Magistrate-Judge Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 3/9/04. C/M(Valle, Christine) (Entered: 04/08/2004)

RECAP
19 March 15, 2004

Letter dated 3/12/04 from Marc Andrew Kramer to Clerk of Court Re: Enclosed for filing is Pltff-Intervenor's Memorandum of Law in Further Support of Motion to Intervene and Affidavit of Marc Andrew Kramer, with supporting exhibits. (Valle, Christine) (Entered: 04/05/2004)

RECAP
20 March 15, 2004

MEMORANDUM OF LAW in Further Support Re: 11 MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Valle, Christine) (Entered: 04/05/2004)

RECAP
21 March 15, 2004

AFFIDAVIT of Marc Andrew Kramer in Support Re: 11 MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) filed by Carolyn Pisani. (Valle, Christine) (Entered: 04/05/2004)

RECAP
14 March 17, 2004

Letter dated 3/15/04 from Michele A. Burg to Magistrate Orenstein Re: advising the Court that Paul E. Mirengoff has been admitted pro hac vice pursuant to Judge Seybert's Order of 12/3/03 as well as requesting that he be provided all order, notices and other correspondence. (Imrie, Robert) (Entered: 03/24/2004)

RECAP
28 April 12, 2004

Letter from Marc Andrew Kramer to Hon. Michael L. Orenstein, dated 4/6/04 re: To advise the Court of the enclosed Report of Parties' Planning Meeting and Proposed Case Management Schedule purs. to F.R.C.P. 26(f). (Fagan, Linda) (Entered: 04/28/2004)

RECAP
29 April 12, 2004

REPORT Of Parties' Planning Meeting And Proposed Case Management Schedule, filed by Equal Employment Opportunity Commission, Carolyn Pisani, The Home Depot (Fagan, Linda) (Entered: 04/28/2004)

RECAP
23 April 14, 2004

Minute Entry for proceedings held before Michael L. Orenstein: Civil Cause for Initial Conference Hearing held on 4/14/2004 at 9:30AM. Counsel for all sides present. (Valle, Christine) (Entered: 04/23/2004)

RECAP
24 April 14, 2004

SCHEDULING ORDER: Pretrial Conference set for 10/22/2004 at 02:00PM before Chief Magistrate Michael L. Orenstein. Discovery due by 9/30/2004. All expert discovery including expert depositions due by 1/15/2005. Signed by Judge Michael L. Orenstein on 4/14/04. (Valle, Christine) (Entered: 04/23/2004)

RECAP
25 April 14, 2004

Notice of MOTION for Leave to Appear Pro Hac Vice as to attorney Esther Gwen Tamburo; Fee: 25.00; Receipt #292537 by The Home Depot. (Valle, Christine) (Entered: 04/27/2004)

RECAP
26 April 14, 2004

AFFIDAVIT of Michelle A. Burg in Support Re: 25 Notice of MOTION for Leave to Appear Pro Hac Vice as to attorney Esther Gwen Tamburo; Fee: 25.00; Receipt #292537 filed by The Home Depot. (Valle, Christine) (Entered: 04/27/2004)

RECAP
27 April 15, 2004

ORDER - Granting 25 Motion for Leave to Appear Pro Hac Vice. It is Ordered that Esther Gwen Tamburo, Esq of Akin, Gump, Strauss, Hauer & Feld, LLP is hereby admitted pro hac vice to appear and participate in this case before this Court in accordance with Local Civil Rule 1.3(c) of the United States Court for the Eastern District of New York. Signed by JudgeJoanna Seybert on 4/15/04. C/M (Valle, Christine) (Entered: 04/27/2004)

RECAP
April 19, 2004

ENDORSED ORDER re [30] Letter: The motion to intervene has not yet been decided. All motions are considered in due course. So Ordered.. Signed by Judge Joanna Seybert on 4/27/04. (Barhome, Sydelle) (Entered: 05/07/2004)

PACER
April 19, 2004

ENDORSED ORDER re 30 Letter: The motion to intervene has not yet been decided. All motions are considered in due course. So Ordered.. Signed by Judge Joanna Seybert on 4/27/04. (Barhome, Sydelle)

30 April 21, 2004

Letter dtd. 4/21/04 from L. Susan Scelzo Slavin to Hon. J. Seybert seeking clarification from the Court with regard to the motion to intervene. (Barhome, Sydelle) (Entered: 05/07/2004)

RECAP
31 June 9, 2004

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER - It is hereby stipulated and agreed, by and between the undersigned counsel for the parties: The categories of documents set forth herein, to be disclosed during the course of this litigation by any party listed above shall be designated as and treated as confidential during the discovery phase of this litigation and shall be utilized by such receiving party solely in that context. Signed by Judge Joanna Seybert on 6/9/04. (Valle, Christine) (Entered: 06/30/2004)

RECAP
June 29, 2004

Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla) (Entered: 06/30/2004)

PACER
June 29, 2004

Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla)

32 July 29, 2004

ORDER granting 11 Motion to Intervene. Plaintiff-Intervenor cannot add a claim against the unnamed defts not can she add the Rehabilitation Act claim against the deft because it is time-barred. Signed by Judge Joanna Seybert on 7/29/04. c/m (Mahon, Cinthia) (Entered: 08/26/2004)

RECAP
33 Sept. 1, 2004

First Intervenor COMPLAINT and Jury Demand, filed by Carolyn Pisani.(Slavin, L.) (Entered: 09/01/2004)

RECAP
Sept. 1, 2004

Incorrect Case-Document Information filed.docket entry--complaint- filed--9/1/04 --numbered--33 has been deleted. Counsel will refile document using proper event - Intervenor Complaint (McMahon, Carol) (Entered: 09/01/2004)

PACER
Sept. 1, 2004

Incorrect Case-Document Information filed.docket entry--complaint-filed--9/1/04 --numbered--33 has been deleted. Counsel will refile document using proper event - Intervenor Complaint (McMahon, Carol)

34 Sept. 10, 2004

ORDER OF RECUSAL. Judge James Orenstein recused. Signed by Judge James Orenstein on 9/10/04. Ms. Grossman shall advise all parties of this Order. (Branciforte, Ralph) (Entered: 09/10/2004)

RECAP
35 Sept. 13, 2004

CERTIFICATE OF SERVICE by Carolyn Pisani re 33 Intervenor Complaint and Jury Demand (Kramer, Marc) (Entered: 09/13/2004)

RECAP
Sept. 13, 2004

Case reassigned to Judge Dora Lizette Irizarry. Judge Joanna Seybert no longer assigned to the case. (Bowens, Priscilla) (Entered: 09/13/2004)

PACER
Sept. 13, 2004

Case reassigned to Judge Dora Lizette Irizarry. Judge Joanna Seybert no longer assigned to the case. (Bowens, Priscilla)

36 Sept. 16, 2004

Letter from Michelle A. Burg to The Honorable Dora L. Irizarry Regarding Deposition of Joseph Pisani. (Burg, Michelle) (Entered: 09/16/2004)

RECAP
37 Sept. 29, 2004

Letter from Michelle A. Burg, dated 9/29/04 to Honorable A. Simon Chrein Regarding rescheduling Mr. Pisani's and Mr. DuBois' depositions after September 30, 2004. (Burg, Michelle) (Entered: 09/29/2004)

RECAP
Sept. 29, 2004

Case assigned to Judge A. Simon Chrein. (Bowens, Priscilla) (Entered: 09/29/2004)

PACER
Sept. 29, 2004

Case assigned to Judge A. Simon Chrein. (Bowens, Priscilla)

38 Sept. 30, 2004

ANSWER to Complaint Defendant Home Depot U.S.A., Inc.'s Answer and Defenses to Plaintiff-Intervenor's Complaint. by The Home Depot.(Burg, Michelle) (Entered: 09/30/2004)

RECAP
39 Oct. 1, 2004

ORDER: counsel for Home Depot U.S.A. is granted permission to take the depositions of Mr. Pisani and Mr. DuBois after 9/30/2004. Signed by Judge A. Simon Chrein, on 9/30/2004. (Endorsed on letter dated 9/29/2004 from Michelle A. Burg to USMJ Chrein) (Barrett, C.) (Entered: 10/01/2004)

RECAP
40 Oct. 28, 2004

Minute Entry for proceedings held before A. Simon Chrein : Status Conference held on 10/28/2004. Discovery is scheduled to end 1/15/2005. Deft will file a pre-motion letter by 2/14/2005. Plaintiff to advise Magistrate in writing when motion is determined. (Lee, Tiffeny) (Entered: 11/12/2004)

RECAP
41 Nov. 17, 2004

Letter from Esther G. Tamburo to Magistrate Judge A. Simon Chrein Regarding the filing of an Emergency Motion on behalf of Defendant Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

RECAP
42 Nov. 17, 2004

Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani by The Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

RECAP
43 Nov. 17, 2004

MEMORANDUM in Support re 42 Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani by The Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

RECAP
44 Nov. 18, 2004

RESPONSE to Motion re 42 Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Letter to EEOC Response# 2 Chandy Declaration# 3 Exhibit Exh. A - Dr. Knight Report# 4 Exhibit Exh B - Complaint# 5 Exhibit Exhibit C - Order# 6 Exhibit Exh D- 6/18/04 Letter# 7 Exhibit Exh E- 8/3/04 Letter# 8 Exhibit Exh F- 10/28 Letter# 9 Exhibit Exh G- Reyes# 10 Exhibit Exh H- Hirsch)(Chandy, Sunu) (Entered: 11/18/2004)

RECAP
45 Nov. 19, 2004

Minute Entry for proceedings held before Dora Lizette Irizarry: Status Conference held on 11/19/2004. 42 MOTION to Compel the mental examination of Intervenor Carolyn Pisani filed by The Home Depot is granted in part and denied in part, see calendar for complete ruling and further details. (ESR: O. Francis) (Lee, Tiffeny) (Entered: 11/23/2004)

RECAP
46 Dec. 10, 2004

TRANSCRIPT of Conference for date of 11/19/04 before Judge Dora L. Irizarry. Court Transcriber: Aria Transcriptionsr. (Williams-Jackson, Sandy) (Entered: 12/13/2004)

RECAP
47 Feb. 4, 2005

Letter from Michelle A. Burg to Judge Dora L. Irizarry and Magistrate Judge A. Simon Chrein Regarding Clarification of Order dated October 28, 2004. (Burg, Michelle) (Entered: 02/04/2005)

RECAP
48 Feb. 14, 2005

Letter from Paul E. Mirengoff to Honorable Dora L. Irizarry and Honorable A. Simon Chrein Regarding Pre-Motion Conference. (Burg, Michelle) (Entered: 02/14/2005)

RECAP
Feb. 16, 2005

ORDER re 48 Letter - A pre-motion conference will be held in this matter on WEDNESDAY, MARCH 9, 2005 at 4:00 p.m. Counsel for all sides must participate. Counsel for DEFENDANT is directed to notify all counsel immediately of this conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference.SO ORDERED by Judge Dora Lizette Irizarry on 2/16/05. (Irizarry, Dora) (Entered: 02/16/2005)

PACER
Feb. 16, 2005

ORDER re 48 Letter - A pre-motion conference will be held in this matter on WEDNESDAY, MARCH 9, 2005 at 4:00 p.m. Counsel for all sides must participate. Counsel for DEFENDANT is directed to notify all counsel immediately of this conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference.SO ORDERED by Judge Dora Lizette Irizarry on 2/16/05. (Irizarry, Dora)

49 Feb. 18, 2005

Letter from Plaintiffs to Judge Irizarry and Magistrate Judge Chrein dated 2/18/05 Regarding Response to Defendant's Letter Seeking Leave to File Summary Judgment Motion. (Chandy, Sunu) (Entered: 02/18/2005)

RECAP
Feb. 23, 2005

Set Deadlines/Hearings: Status Conference set for 3/9/2005 04:30 PM or as soon thereafter as counsel may be heard before Magistrate-Judge Viktor V. Pohorelsky (temporarily substituting for Judge Chrein); counsel are to report to Room 521 for the conference immediately after the premotion conference before Judge Irizarry concludes. (Pohorelsky, Viktor) (Entered: 02/23/2005)

PACER
Feb. 23, 2005

Set Deadlines/Hearings: Status Conference set for 3/9/2005 04:30 PM or as soon thereafter as counsel may be heard before Magistrate-Judge Viktor V. Pohorelsky (temporarily substituting for Judge Chrein); counsel are to report to Room 521 for the conference immediately after the premotion conference before Judge Irizarry concludes. (Pohorelsky, Viktor)

March 2, 2005

AMENDED ORDER re Order, The pre-motion conference previously scheduled for Wednesday, March 9, 2005 at 4:00 PM is hereby adjourned by the Court to WEDNESDAY, MARCH 30, 2005 at 4:30 PM. Counsel for DEFENDANT is directed to notify all counsel immediately of the new conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference. SO ORDERED by Judge Dora Lizette Irizarry on 3/2/05. (Irizarry, Dora) (Entered: 03/02/2005)

PACER
March 2, 2005

Email Test - DO NOT REPLY. (Barrett, C.) (Entered: 03/02/2005)

PACER
March 2, 2005

AMENDED ORDER re Order, The pre-motion conference previously scheduled for Wednesday, March 9, 2005 at 4:00 PM is hereby adjourned by the Court to WEDNESDAY, MARCH 30, 2005 at 4:30 PM. Counsel for DEFENDANT is directed to notify all counsel immediately of the new conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference. SO ORDERED by Judge Dora Lizette Irizarry on 3/2/05. (Irizarry, Dora)

March 2, 2005

Email Test - DO NOT REPLY. (Barrett, C.)

March 3, 2005

Email Test - DO NOT REPLY (Lee, Tiffeny) (Entered: 03/03/2005)

PACER
March 3, 2005

Email Test - DO NOT REPLY (Lee, Tiffeny)

50 March 7, 2005

Letter from Michelle A. Burg, Esq. to Honorable Dora L. Irizarry Regarding Request for an extension of time to submit the proposed joint pretrial order.. (Burg, Michelle) (Entered: 03/07/2005)

RECAP
51 March 7, 2005

Letter from Michelle A. Burg, Esq. to Honorable Viktor V. Pohorelsky Regarding confirming conversation with Chambers on 3/4/05 regarding upcoming status conference in this matter. (Burg, Michelle) (Entered: 03/07/2005)

RECAP
March 7, 2005

ORDER re 50 Letter --- ELECTRONIC ENDORSED ORDER: Application is GRANTED. The filing of a proposed joint pretrial order is held in abeyance pending the outcome of the premotion conference to be held on March 30, 2005 at 4:30 P.M. SO ORDERED by Judge Dora Lizette Irizarry on 03/07/05. (Irizarry, Dora) (Entered: 03/07/2005)

PACER
March 7, 2005

ORDER re 50 Letter --- ELECTRONIC ENDORSED ORDER: Application is GRANTED. The filing of a proposed joint pretrial order is held in abeyance pending the outcome of the premotion conference to be held on March 30, 2005 at 4:30 P.M. SO ORDERED by Judge Dora Lizette Irizarry on 03/07/05. (Irizarry, Dora)

52 March 17, 2005

Letter dated 10/6/04 from F. Alan Pastore to Sunu P. Chandy, Marc Kramer and Michelle Burg rescheduling the 9/29/04 conference to 10/28/04 at 2:30. (Hunter-Hicks, Tara) (Entered: 03/17/2005)

RECAP
53 March 30, 2005

Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky : Status Conference held on 3/30/2005. see annexed conference calendar for details (Newton, Joan) (Entered: 03/30/2005)

RECAP
March 30, 2005

Minute Entry for proceedings held before Dora Lizette Irizarry : Pre Motion Conference held on 3/30/2005. Case called. Counsel for all sides present. For E.E.O.C.: Sunu P. Chandy; For Plaintiff Intervenor Pisani: Marc Andrew Kramer; For Defendant: Paul Mierngoff. This matter is referred to mediation. Filing of dispositive motion(s) and proposed JPTO are held in abeyance pending outcome of mediation. (Court Reporter Fred Guerino.) (Carosella, Christy) (Entered: 03/30/2005)

PACER
March 30, 2005

ORAL ORDER REFERRING CASE to Mediation --- Issued on the record at pre-motion conference held on 3/30/05.SO ORDERED by Judge Dora Lizette Irizarry on 3/30/05. (Irizarry, Dora) (Entered: 03/30/2005)

PACER
March 30, 2005

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 4/13/2005.SO ORDERED by Judge Dora Lizette Irizarry on 03/30/05. (Irizarry, Dora) (Entered: 03/30/2005)

PACER
March 30, 2005

Minute Entry for proceedings held before Dora Lizette Irizarry : Pre Motion Conference held on 3/30/2005. Case called. Counsel for all sides present. For E.E.O.C.: Sunu P. Chandy; For Plaintiff Intervenor Pisani: Marc Andrew Kramer; For Defendant: Paul Mierngoff. This matter is referred to mediation. Filing of dispositive motion(s) and proposed JPTO are held in abeyance pending outcome of mediation. (Court Reporter Fred Guerino.) (Carosella, Christy)

March 30, 2005

ORAL ORDER REFERRING CASE to Mediation --- Issued on the record at pre-motion conference held on 3/30/05.SO ORDERED by Judge Dora Lizette Irizarry on 3/30/05. (Irizarry, Dora)

March 30, 2005

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 4/13/2005.SO ORDERED by Judge Dora Lizette Irizarry on 03/30/05. (Irizarry, Dora)

54 March 31, 2005

MEDIATION Instructions sent to Counsel. Letter of Instructions document ATTACHED. COUNSELS are to schedule the mediation and confirm in writing by April 14, 2005 to Gerald P. Lepp, ADR Administrator, the name of the mediator and the date of the first mediation session. COUNSELS are to confer with each other and to speak with the Mediator in selecting a Mediator and the Mediation session date(s). See the attached instructions. See the web pages: http://www.nyed.uscourts.gov/adr/ http://www.nyed.circ2.dcn/dadr/ REGISTER for ECF if you have not yet done so. Thank you. See: http://www.nyed.uscourts.gov/CM_ECF/ECF_FAQ/ecf_faq.html(Lepp, Gerald)(dc) (Entered: 03/31/2005)

RECAP
April 11, 2005

Case reassigned to Judge Viktor V. Pohorelsky. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/11/2005)

PACER
April 11, 2005

Case reassigned to Judge Viktor V. Pohorelsky. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla)

55 April 14, 2005

Letter from Michelle A. Burg to Gerald P. Lepp, Esq. Regarding Selection of Mediator. (Burg, Michelle) (Entered: 04/14/2005)

RECAP
56 April 22, 2005

Letter from Plaintiff EEOC to Gerald Lepp Regarding New Mediation Date. (Chandy, Sunu) (Entered: 04/22/2005)

RECAP
June 15, 2005

SELECTION OF MEDIATOR Vivien B. Shelanski rep by Vivien B. Shelanski selected as Mediator. Mediation is scheduled for 06/27/2005, see attachment 56.(Lepp, Gerald) (Entered: 06/15/2005)

PACER
June 15, 2005

SELECTION OF MEDIATOR Vivien B. Shelanski rep by Vivien B. Shelanski selected as Mediator. Mediation is scheduled for 06/27/2005, see attachment 56.(Lepp, Gerald)

July 7, 2005

REPORT of Mediation UNSETTLED.(Lepp, Gerald) (Entered: 07/07/2005)

PACER
July 7, 2005

REPORT of Mediation UNSETTLED.(Lepp, Gerald)

July 8, 2005

REPORT of Mediation. Parties have advised that they are continuing thier negotiations, and will advise the status to the ADR Administrator by July 22, 2005.(Lepp, Gerald) (Entered: 07/08/2005)

PACER
July 8, 2005

REPORT of Mediation. Parties have advised that they are continuing thier negotiations, and will advise the status to the ADR Administrator by July 22, 2005.(Lepp, Gerald)

July 12, 2005

ELECTRONIC SCHEDULING ORDER --- A status conference will be held on Friday, August 5, 2005 at 3:30 PM in courtroom #343 before the undersigned. Counsel for all parties must attend. Applications for adjournment must be made via ecf, on consent and for good cause shown, at least 48 hours in advance of the conference date. Ordered by Judge Dora Lizette Irizarry on 7/12/05. (Irizarry, Dora) (Entered: 07/12/2005)

PACER
July 12, 2005

ELECTRONIC SCHEDULING ORDER --- A status conference will be held on Friday, August 5, 2005 at 3:30 PM in courtroom #343 before the undersigned. Counsel for all parties must attend. Applications for adjournment must be made via ecf, on consent and for good cause shown, at least 48 hours in advance of the conference date. Ordered by Judge Dora Lizette Irizarry on 7/12/05. (Irizarry, Dora)

July 22, 2005

REPORT of Mediation Parties have advised that they are continuing their negotiations, and will advise the status to the ADR Administrator by August 5, 2005.(Lepp, Gerald) (Entered: 07/22/2005)

PACER
July 22, 2005

REPORT of Mediation Parties have advised that they are continuing their negotiations, and will advise the status to the ADR Administrator by August 5, 2005.(Lepp, Gerald)

57 July 29, 2005

NOTICE of Change of Address/Telephone/E-mail by L. Susan Slavin (Slavin, L.) (Entered: 07/29/2005)

RECAP
Aug. 5, 2005

Minute Entry for proceedings held before Dora Lizette Irizarry: Pre Motion Conference held on 8/5/2005. Case called. Counsel for Plaintiff Intervenor not present. For EEOC: Sunu Chandy; For Defendant: Esther Tamburo. The case will continue mediation. The parties are directed to provide a letter status report to the Court, via ecf, by 9/6/05. (Court Reporter Marsha Diamond.) (Carosella, Christy) (Entered: 08/05/2005)

PACER

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 24, 2003

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

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

The Home Depot

The Home Depot

Case Details

Causes of Action:

42 U.S.C. § 1981

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

State Anti-Discrimination Law

Other Dockets:

Eastern District of New York 2:03-cv-04860

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 75000

Order Duration: 2005 - 2007

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation