Case: EEOC v. Damping Technologies, Inc.

3:04-cv-00612 | U.S. District Court for the Northern District of Indiana

Filed Date: Sept. 23, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the Indianapolis District Office of the EEOC filed this suit against Damping Technologies, Inc. in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged discrimination in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Specifically, the defendant terminated the charging party, a female employee, in retaliation for filing a complaint of…

In September 2004, the Indianapolis District Office of the EEOC filed this suit against Damping Technologies, Inc. in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged discrimination in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Specifically, the defendant terminated the charging party, a female employee, in retaliation for filing a complaint of discrimination. The parties participated in mediation and finally settled the case through a consent decree in May 2005.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of the non-discrimination policy; pay the charging party $65,000; provide Title VII, ADEA, and ADA training for its supervisors and managers; and report to the EEOC at specified times. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (6/7/2007)

Documents in the Clearinghouse

Document

3:04-cv-00612

Docket

May 10, 2005

May 10, 2005

Docket
1

3:04-cv-00612

Complaint

Sept. 23, 2004

Sept. 23, 2004

Complaint
18

3:04-cv-00612

Amended Complaint

Dec. 6, 2004

Dec. 6, 2004

Complaint
24

3:04-cv-00612

Consent Decree

May 9, 2005

May 9, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12003184/equal-employment-opportunity-commission-v-damping-technologies-inc/

Last updated Aug. 10, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Damping Technologies Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ksc, ) (Entered: 09/24/2004)

Sept. 23, 2004

Sept. 23, 2004

PACER
2

NOTICE of Appearance by Kenneth L Bird on behalf of Equal Employment Opportunity Commission (ksc, ) (Entered: 09/24/2004)

Sept. 23, 2004

Sept. 23, 2004

PACER
3

NOTICE of Appearance by Laurie A Young on behalf of Equal Employment Opportunity Commission (ksc, ) (Entered: 09/24/2004)

Sept. 23, 2004

Sept. 23, 2004

PACER
4

NOTICE of Appearance by Michelle F Eisele on behalf of Equal Employment Opportunity Commission (ksc, ) (Entered: 09/24/2004)

Sept. 23, 2004

Sept. 23, 2004

PACER
5

Summons Issued as to Damping Technologies Inc. (ksc, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER
6

NOTICE of Appearance by David L Mirkin on behalf of Damping Technologies Inc (ksc) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
7

DISCLOSURE STATEMENT filed by Damping Technologies Inc.(ksc ) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
8

AGREED NOTICE of Initial Extension of Time To Respond to 1 Complaint filed by Damping Technologies Inc. Defendant's Answer due 11/12/2004. (ksc) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
9

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Damping Technologies Inc served on 9/29/2004, answer due 11/12/2004. (Bird, Kenneth) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
10

NOTICE OF PRETRIAL CONFERENCE: Joint Proposed Discovery Plan due by 12/6/2004. Rule 16 Preliminary Pretrial Conference set for 12/16/2004 at 11:00 AM in South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Judge Christopher A Nuechterlein on 10/27/04. (ksc) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

PACER
11

MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (ksc) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

PACER
12

MOTION to Allow Counsel to Participate in Pretrial Conference by Telephone by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
13

ORDER granting 12 MOTION to Allow Counsel to Participate in Pretrial Conference by Telephone. Motions terminated: 12 . The Court will allow ALL counsel to participate by telephone. The Court will call all counsel. Signed by Judge Christopher A Nuechterlein on 11/2/04. (ksc) (Entered: 11/03/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
14

ANSWER to 1 Complaint by Damping Technologies Inc.(Mirkin, David) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

PACER
15

REPORT of Rule 26(f) Planning Meeting. (Bird, Kenneth) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

PACER
16

Endorsed MOTION to Amend/Correct Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Amended Complaint)(Bird, Kenneth) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

PACER
17

ORDER granting 16 Motion to Amend Complaint. Defendant need not file an answer to the Amended Complaint . Signed by Judge Christopher A Nuechterlein on 12/6/04. (ksc) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
18

AMENDED COMPLAINT against Damping Technologies Inc, filed by Equal Employment Opportunity Commission.(ksc) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
19

RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 12/16/2004 before Judge Christopher A Nuechterlein :Pltf to submit ADR Report 1/14/2005. Any amendments to the pleadings to be filed by 12/31/2004. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 5/6/2005. Defendant expert witness disclosures and reports to be delivered to the plainitff by 6/6/2005. All discovery to be completed by 8/1/2005. Summary Judgment Packet to be filed by 9/1/2005. Telephonic Scheduling Conference set for 7/14/2005 10:00 AM in South Bend before Magistrate Judge Christopher A Nuechterlein. (slm, ) Additional attachment(s) added on 12/20/2004 (slm, ). Additional attachment(s) added on 12/20/2004 (slm, ). (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
20

REPORT by Equal Employment Opportunity Commission, Damping Technologies Inc Regarding Alternate Dispute Resolution. (Bird, Kenneth) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

PACER
21

REPORT of Mediation. The parties have settled. (jld) (Entered: 04/08/2005)

April 7, 2005

April 7, 2005

PACER
22

ORDER. Based upon representation of the mediator that this case has settled, the Court VACATES the telephonic scheduling conference on 7/11/05 before Magistrate Judge Christopher A Nuechterlein and any other scheduling deadlines previously set. Dismissal Papers due by 5/7/2005. Signed by Judge Robert L Miller Jr on 4/7/05. (jld) (Entered: 04/08/2005)

April 7, 2005

April 7, 2005

PACER
23

Joint MOTION for Entry of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) With attached Consent Decree. Text Modified on 5/9/2005 (jld ). (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

PACER
24

CONSENT DECREE resolving all matters and claims in controversy in this lawsuit as provided in paragraphs 1 through 13. Damping Technologies to pay the total sum of $65,000.00 to Mary Steely as directed. Each party to bear its own costs. Signed by Judge Robert L Miller Jr on 5/9/05. (ksc) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

PACER
25

CLERK'S ENTRY OF JUDGMENT against Damping Technologies Inc. in the amount of 65,000.00. (ksc) Additional attachment(s) added on 5/10/2005 (ksc, ). (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2004

Closing Date: 2008

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

Damping Technologies, Inc. (Mishawaka, Indiana), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 65000

Order Duration: 2005 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits