Case: EEOC v. BAREFEET SHOES

2:04-cv-03788 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 11, 2004

Closed Date: June 15, 2006

Clearinghouse coding complete

Case Summary

In August 2004, the EEOC district office in Philadelphia, Pennsylvania brought this suit against Bare Feet Shoes of Pennsylvania, Inc., a casual shoe retailer, in the U.S. District Court for the Eastern District of Pennsylvania. Two female aggrieved employees are named in the complaint, but only one intervened. Both women claimed sexual harassment and hostile working conditions in violation of Title VII of the Civil Rights Act of 1964. One of the women alleged constructive discharge as well. The female employee who intervened voluntarily dismissed her case in October 2005. The EEOC also voluntarily dismissed its claims concerning the intervenor. The claims on behalf of the second aggrieved employee proceeded. After a failed defense motion for summary judgment, the parties settled, and a consent decree was entered in June 2006. No documents pertaining to dismissal of any party or the consent decree are currently available.

Summary Authors

Jason Chester (6/10/2007)

People


Judge(s)

Caracappa, Linda K. (Pennsylvania)

Judge(s)

Caracappa, Linda K. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Bare Feet Shoes of PA, Inc.

June 15, 2006 Docket
1

Complaint

Equal Employment Opportunity Commission v. Bare Feet Shoes of PA, Inc.

Aug. 11, 2004 Complaint
36

Memorandum and Order

Equal Employment Opportunity Commission v. Bare Feet Shoes of PA, Inc.

2006 WL 328355, 2006 U.S.Dist.LEXIS 5175

Feb. 10, 2006 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against BARE FEET SHOES OF PA, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ss, ) Additional attachment(s) added on 10/29/2004 (mac, ). (Entered: 08/12/2004)

Aug. 11, 2004

Summons Issued, One original mailed as to BARE FEET SHOES OF PA, INC.. Forwarded To: Counsel on 8/12/04 (ss, ) (Entered: 08/12/2004)

Aug. 11, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ss, ) (Entered: 08/12/2004)

Aug. 11, 2004
2

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: T. FREDERICKS served Summons and Complaint upon E. SALACCHETTI on behalf of BARE FEET SHOES OF PA, INC. by Personal Service. BARE FEET SHOES OF PA, INC. served on 8/31/2004, answer due 9/20/2004. (stb, ) (Entered: 09/03/2004)

Sept. 3, 2004
3

ANSWER and Affirmative Defenses to Complaint by deft BARE FEET SHOES OF PA, INC., Certificate of Service.(gn, ) (Entered: 09/10/2004)

Sept. 9, 2004
4

NOTICE of Hearing: TELEPHONE RULE 16 CONFERENCE SET FOR TUESDAY, 10/26/2004 04:30 PM IN JUDGE'S CHAMBERS BEFORE THE HONORABLE MARY A. MCLAUGHLIN. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL. JUDGE'S CHAMBERS TELEPHONE NUMBER IS 267-299-7600.(ck, ) (Entered: 09/15/2004)

Sept. 15, 2004
5

NOTICE of Hearing: TELEPHONE STATUS CONFERENCE SET FOR OCTOBER 26, 2004 IS RESCHEDULED FOR MONDAY, 11/1/2004 04:30 PM IN JUDGE'S CHAMBERS BEFORE THE HONORABLE MARY A. MCLAUGHLIN. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL. JUDGE McLAUGHLIN'S CHAMBERS TELEPHONE NUMBER IS 267-299-7600. (ck, ) (Entered: 09/20/2004)

Sept. 20, 2004
6

MOTION TO INTERVENE AS PARTY PLFF, FILED BY LATANYA GARNER, CERTIFICATE OF SERVICE.(gn, ) (Entered: 10/13/2004)

Oct. 13, 2004
7

Corporate Disclosure Statement filed by deft BARE FEET SHOES OF PA, INC., Certificate of Service.(gn, ) (Entered: 11/01/2004)

Nov. 1, 2004
9

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Pretrial Conference held on 11/3/04 (gn, ) (Entered: 11/04/2004)

Nov. 4, 2004
10

ORDER GRANTING MOTION TO INTERVENE AS UNCONTESTED. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 11/3/04.) 11/4/04 ENTERED AND COPIES MAILED AND E- MAILED. (gn, ) (Entered: 11/04/2004)

Nov. 4, 2004
11

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Interim Pretrial Conference held on 11/3/04. (wgc, ) (Entered: 11/05/2004)

Nov. 5, 2004
12

NOTICE of Hearing: RULE 16 TELEPHONE CONFERENCE SET FOR FRIDAY, 12/3/2004 09:00 AM IN JUDGE'S CHAMBERS BEFORE THE HONORABLE MARY A. MCLAUGHLIN. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL. JUDGE McLAUGHLIN'S CHAMBERS TELEPHONE NUMBER IS 267-299- 7600.(cps, ) (Entered: 11/05/2004)

Nov. 5, 2004
13

SCHEDULING ORDER THAT ALL DISCOVERY SHALL BE COMPLETED BY 8/1/05; ANY DAUBERT MOTION, SUMMARY JUDGMENT MOTION, OR OTHER DISPOSITIVE MOTION SHALL BE FILED ON OR BEFORE 10/17/05; THE CASE IS REFERRED TO MAGISTRATE JUDGE LINDA K. CARACAPPA FOR A SETTLEMENT CONFERENCE TO BE HELD AFTER AUGUST, 2005, AND THE COURT WILL HOLD A TELEPHONE CONFERENCE WITH COUNSEL ON 10/27/05 AT 4:30 P.M., TO DISCUSS SCHEDULING THE REMAINDER OF THE CASE, ETC.SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/3/04. 12/3/04 ENTERED AND COPIES MAILED AND E-MAILED.(cdd, ) (Entered: 12/03/2004)

Dec. 3, 2004
14

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Pretrial Conference held on 12/3/04 (gn, ) (Entered: 12/06/2004)

Dec. 6, 2004
15

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 9/6/2005 10:00 AM BEFORE MAGISTRATE LINDA K. CARACAPPA. SIGNED BY JUDGE LINDA K. CARACAPPA ON 12/9/05. 12/10/05 ENTERED AND COPIES E-MAILED.(stb, ) (Entered: 12/10/2004)

Dec. 9, 2004
16

ORDER THAT THE CASE IS TRANSFERRED FROM MAGISTRATE JUDGE LINDA K. CARACAPPA TO MAGISTRATE JUDGE DAVID R. STRAWBRIDGE FOR A SETTLEMENT CONFERENCE. UNLESS OTHERWISE DIRECTED BY JUDE STRAWBRIDGE, THE SETTLMENT CONFERENCE SHALL REMAIN SCHEDULED FOR 9/6/05, IN CHAMBERS OF JUDGE STRAWBRIDGE, ROOM 4006. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 5/2/05. ) 5/3/05 ENTERED AND COPIES MAILED AND E-MAILED.(gn, ) (Entered: 05/03/2005)

May 2, 2005
17

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 9/6/2005 AT 10:00 AM BEFORE MAGISTRATE JUDGE DAVID STRAWBRIDGE IN ROOM 4006. ( SIGNED BY JUDGE DAVID STRAWBRIDGE ON 5/4/05. ) 5/5/05 ENTERED AND COPIES MAILED AND E-MAILED.(gn, ) (Entered: 05/05/2005)

May 4, 2005
18

AMENDED ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 9/14/2005 AT 10:00 AM BEFORE MAGISTRATE JUDGE DAVID STRAWBRIDGE. ( SIGNED BY JUDGE DAVID STRAWBRIDGE )5/17/05 ENTERED AND COPIES MAILED AND E- MAILED.(gn, ) (Entered: 05/17/2005)

May 17, 2005
19

AMENDED SCHEDULING ORDER: ALL DISCOVERY DUE BY 10/3/2005. ANY DAUBERT MOTION, SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION DUE BY 12/19/2005. THE COURT WILL HOLD A TELEPHONE CONFERENCE WITH COUNSEL ON 1/9/06 AT 4:30PM TO DISCUSS SCHEDULING THE REMAINDER OF THE CASE. THE SETTLEMENT CONFERENCE CURRENTLY SCHEDULED BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE FOR 9/14/05 SHALL GO FORWARD AS SCHEDULED. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 7/18/05. ) 7/18/05 ENTERED AND COPIES MAILED AND E- MAILED.(gn, ) (Entered: 07/18/2005)

July 18, 2005

TELEPHONE CONFERENCE SET FOR 1/9/2006 04:30 PM BEFORE HONORABLE MARY A. MCLAUGHLIN. (gn, ) (Entered: 07/18/2005)

July 18, 2005
20

MOTION for Summary Judgment Defendant's Motion for Summary Judgment filed by BARE FEET SHOES OF PA, INC..Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law In Support of Defendant's Motion for Summary Judgment# 2 Certificate of Service)(FRANK, ALAN) (Entered: 09/01/2005)

Sept. 1, 2005
21

Minute Entry for proceedings held before Judge DAVID STRAWBRIDGE : Telephone Conference held on 9/7/05 (gn, ) (Entered: 09/07/2005)

Sept. 7, 2005
22

STIPULATION AND ORDER THAT PLFF EEO IS GRANTED A (14) DAY EXTENSION TO RESPOND TO DEFT BARE FEET SHOES OF PA. INC.'S MOTION FOR SUMMARY JUDGMENT. PLFF'S RESPONSE TO DEFT'S MOTION FOR SUMMARY JUDGMENT IS DUE 9/29/05. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 9/9/05. ) 9/12/05 ENTERED AND COPIES MAILED AND FAXED. (gn, ) (Entered: 09/12/2005)

Sept. 12, 2005
23

Minute Entry for proceedings held before Judge DAVID STRAWBRIDGE : Settlement Conference held on 9/14/05. (gn, ) (Entered: 09/15/2005)

Sept. 14, 2005
24

MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment Defendant's Motion for Summary Judgment filed by LATANYA GARNER.Memorandum.(LEWIS, LANCE) (Entered: 09/15/2005)

Sept. 15, 2005
25

EXHIBITS A through I by deft BARE FEET SHOES OF PA, INC. ti be attached to the motion for summary judgment filed on 9/1/05. (gn, ) (Entered: 09/20/2005)

Sept. 19, 2005
26

ORDER THAT PLFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFT'S SUMMARY JUDGMENT IS GRANTED. PLFF SHALL HAVE UP TO AND INCLUDING 10/4/05 TO RESPOND TO DEFT'S SUMMARY JUDGMENT. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 9/16/05.)9/20/05 ENTERED AND COPIES MAILED AND E-MAILED. (gn, ) (Entered: 09/20/2005)

Sept. 19, 2005
27

STIPULATION AND ORDER THAT PLFF AND DEFT BARE FEE SHOES OF PA., INC. HEREBY VOLUNTARILY DISMISS THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S ACTION BROUGHT ON BEHALF OF PLFF INTERVENOR LATANYA GARNER IN THE MATTER, WITHOUT PREJUDICE. EACH PARTY WILL BEAR ITS OWN ATTORNEY'S FEES AND COSTS AS TO THE DISMISSAL OF THE CLAIMS ON BEHALF OF LATANYA GAARNER. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 9/22/05. ) 9/26/05 ENTERED AND COPIES MAILED AND FAXED. (gn, ) Modified on 9/26/2005 (gn, ). (Entered: 09/26/2005)

Sept. 23, 2005
28

Memorandum of Law in Support of its Opposition re 20 MOTION for Summary Judgment Defendant's Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (Attachments: # 1 Text of Proposed Order Order and Cover Sheet to EEOC Response in Opposition to Defendant's SJ Motion# 2 Table of Citations to EEOC's Response in Opposition to Def's SJ Motion) (EDGE, DAWN) Modified on 9/30/2005 (np). (Entered: 09/29/2005)

Sept. 29, 2005
29

EXHIBITS (1-14) by plff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S opposition to defts motion for summary judgment. (gn, ) (Entered: 10/04/2005)

Oct. 4, 2005
30

STIPULATION of Dismissal by LATANYA GARNER. (LEWIS, LANCE) (Entered: 10/07/2005)

Oct. 7, 2005
31

STIPULATION AND ORDER THAT PLFF/INTERVENOR LATANYA GARNER AND DEFT BARE FEET SHOES OF PA., INC. VOLUNTARILY DISMISS PLFF/INTERENOR'S ACTION BROUGHT IN THE ABOVE-CAPTIONED MATTER, WITH PREJUDICE. EACH PARTY WILL BEAR ITS OWN ATTORNEY'S FEES AND COSTS. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 10/11/05. ) 10/13/05 ENTERED AND COPIES MAILED AND FAXED.(gn, ) Modified on 10/14/2005 (gn, ). (Entered: 10/13/2005)

Oct. 12, 2005
33

ORDER THAT AN ORAL ARGUMENT ON THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS SCHEDULED FOR 1/13/06 AT 1:00 PM. IT IS FURTHER ORDERED THAT THE TELEPHONE CONFERENCE SCHEDULED FOR 1/9/06 IS CANCELLED. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/16/05. 12/19/05 ENTERED AND COPIES MAILED, E-MAILED. (fdc) (Entered: 12/19/2005)

Dec. 19, 2005
34

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Oral Argument on deft's motion for summary judgment held on 1/13/06. ESR Reporter: Ray Wolf. (gn, ) (Entered: 01/17/2006)

Jan. 17, 2006
35

TRANSCRIPT of Proceedings held on 1/13/06 before Judge McLaughlin. Court Reporter: Raymond Wolf. (gs) (Entered: 01/24/2006)

Jan. 23, 2006
36

MEMORANDUM AND ORDER THAT DEFT'S MTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR 2/21/06 AT 4:30PM. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 2/10/06. ) 2/10/06 ENTERED AND COPIES MAILED AND E- MAILED.(gn, ) (Entered: 02/10/2006)

Feb. 10, 2006

TELEPHONE CONFERENCE SET FOR 2/21/2006 04:30 PM BEFORE HONORABLE MARY A. MCLAUGHLIN. (gn, ) (Entered: 02/10/2006)

Feb. 10, 2006
37

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Telephone Conference held on 2/21/06 (gn, ) (Entered: 02/22/2006)

Feb. 22, 2006
38

SECOND AMENDED SCHEDULING ORDER: A FINAL PRETRIAL CONFERENCE SET FOR 5/24/2006 AT 04:00 PM BEFORE HONORABLE MARY A. MCLAUGHLIN. PRETRIAL MOTIONS DUE BY 5/15/2006. TRIAL DATE SET FOR 5/30/2006 09:30 AM IN COURTROOM 13-A. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 2/21/06. ) 2/22/06 ENTERED AND COPIES MAILED AND E-MAILED.(gn, ) Modified on 2/22/2006 (gn, ). (Entered: 02/22/2006)

Feb. 22, 2006
39

ORDER THAT THE ACTION WHICH WAS REFERRED BY THIS COURT TO THE CALENDAR OF THE HONORABLE DAVID R. STRAWBRIDGE, U.S. MAGISTRATE JUDGE, FOR THE PURPOSES OF SETTLEMENT CONFERENCE, IS NO LONGER SO REFERRED TO THE CALENDAR OF MAGISTRATE JUDGE STRAWBRIDGE. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 2/23/06. ) 2/23/06 ENTERED AND COPIES MAILED.(gn, ) (Entered: 02/23/2006)

Feb. 23, 2006
40

PRETRIAL MEMORANDUM by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Certificate of Service. (Attachments: # 1 Exhibit A- EEOC Back Pay of Gail Watson# 2 Exhibit B-Proposed Stipulation to Defendant)(EDGE, DAWN) (Entered: 05/09/2006)

May 9, 2006
41

PRETRIAL MEMORANDUM by BARE FEET SHOES OF PA, INC. Certificate of Service. (Attachments: # 1 Certificate of Service)(FRANK, ALAN) (Entered: 05/18/2006)

May 18, 2006
42

NOTICE of Appearance by LISA G. FADEN on behalf of BARE FEET SHOES OF PA, INC. (gn, ) Modified on 5/26/2006 (gn, ). (Entered: 05/26/2006)

May 22, 2006
43

NOTICE of Hearing:RULE 16 TELEPHONE STATUS CONFERENCE SET FOR 7/14/2006 04:30 PM IN JUDGE'S CHAMBERS BEFORE THE HONORABLE MARY A. MCLAUGHLIN. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL. JUDGE MCLAUGHLIN'S CHAMBERS TELEPHONE NUMBER IS 267-299-7600.(cps, ) Modified on 5/24/2006 (mc, ).(Docketed in error see 06-2148). (Entered: 05/24/2006)

May 24, 2006
44

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Settlement Conference held on 5/24/06. (gn, ) (Entered: 05/26/2006)

May 25, 2006
45

NOTICE of Appearance by LISA G. FADEN as co-counsel on behalf of BARE FEET SHOES OF PA, INC. (gn, ) (Entered: 05/26/2006)

May 26, 2006
46

CONSENT DECREE WITH COURT APPROVAL. ( SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 6/15/06. ) 6/15/06 ENTERED AND COPIES MAILED.(gn, ) (Entered: 06/15/2006)

June 15, 2006

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 11, 2004

Closing Date: June 15, 2006

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

Bare Feet Shoes of PA, Inc. (Wyncote, PA), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit