Case: EEOC v. ZAPPALA FARMS, INC.

5:02-cv-01220 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 25, 2002

Closed Date: Oct. 15, 2006

Clearinghouse coding complete

Case Summary

In September 2002, the New York (along with the Washington, D.C.) office of the EEOC brought this ADA suit against Zappala Farms, Inc. in the U.S. District office for the Northern District of New York. The complaint alleged that the defendant discriminated against the claimant because of his disability. More specifically, the defendant decreased the claimants pay and retaliated against the claimant by terminating his employment because of his severed hand. The claimant intervened in the EEOC…

In September 2002, the New York (along with the Washington, D.C.) office of the EEOC brought this ADA suit against Zappala Farms, Inc. in the U.S. District office for the Northern District of New York. The complaint alleged that the defendant discriminated against the claimant because of his disability. More specifically, the defendant decreased the claimants pay and retaliated against the claimant by terminating his employment because of his severed hand. The claimant intervened in the EEOC's suit in November 2002 adding claims under Migrant and Seasonal Agricultural Worker Protection Act Claim and the New York Human Righst Law. The case settled by entry of a consent decree in October 2003.

The three year consent decree required the defendant to provide anti-discrimination training for all employees, post notice, maintain an Anti-Discrimination and Anti-Harassment Policy, pay the claimant $13,000 in damages and $3,000 for attorney's fees, and refrain from discrimination and retaliation.

Summary Authors

Lionel Joiner (6/18/2007)

Documents in the Clearinghouse

Document

5:02-cv-01220

Docket

EEOC v. Zappala Farms, LLC

Oct. 16, 2003

Oct. 16, 2003

Docket
1

5:02-cv-01220

Complaint

EEOC v. Zappala Farms, LLC

Sept. 25, 2002

Sept. 25, 2002

Complaint
11

5:02-cv-01220

Complaint in Intervention

EEOC & Elias Mendoza v. Zappala Farms, LLC and James Zappala

Nov. 27, 2002

Nov. 27, 2002

Complaint
20

5:02-cv-01220

Consent Decree

EEOC & Elias Mendoza v. Zappala Farms, LLC and James Zappala

Oct. 15, 2003

Oct. 15, 2003

Settlement Agreement

Resources

Docket

Last updated July 24, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Service deadline 11/24/02 for Zappala Farms, LLC (mnm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

General Order 25 Filing Order Issued; Conference set before Magistrate Judge Gustave J. DiBianco in Syracuse, Status Conference at 12:00 1/15/03, Deadline for filing Case Management Plan, 1/5/03, ADR Track Case. (mnm) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

2

Change of Address received. Effective date: 11/12/02 from/for plaintiff Equal Employment Com New Address: 33 Whitehall Street, 5th Fl Old Address: 201 Varick St. Rm (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

3

MOTION to Intervene by Elias Mendoza Motion returnable before Judge/Mag. Judge: McCurn (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

4

MEMORANDUM by Elias Mendoza in support of [3-1] motion to Intervene by Elias Mendoza (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

5

AFFIRMATION by Patricia Kakalec, Eq. on behalf of Elias Mendoza w/exhibits 1, 2 in support Re: [3-1] motion to Intervene by Elias Mendoza (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

6

Letter ORDER, advising counsel that the motion to intervene will be considered by Judge McCurn and Response to Motion reset to 11/21/02 for [3-1] motion to Intervene by Elias Mendoza . The motion will be considered on the papers submitted unless the court determines that oral argument is desired. In that case the court will advise counsel of a date. ( signed by Senior Judge Neal P. McCurn ) Date Entered: 11/5/02 (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

7

RESPONSE/Letter from Sunu P. Chandy, Esq. for Equal Employment Com stating no opposition to [3-1] motion to Intervene by Elias Mendoza (lmp) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

8

RESPONSE/Letter from Joseph E. Wallen, Esq. for Zappala Farms, LLC stating no opposition to [3-1] motion to Intervene by Elias Mendoza (lmp) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

9

ORDER granting [3-1] motion to Intervene by Elias Mendoza as Pltf-Intervenor (signed by Senior Judge Neal P. McCurn on 11/7/02) (lmp) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

11

Intervenor's COMPLAINT by Elias Mendoza against Zappala Farms, LLC and James Zappala. (lmp) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

12

Proposed Joint Civil Case Management Plan Submitted. (kmg) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 01/02/2003)

Jan. 2, 2003

Jan. 2, 2003

13

WAIVER OF SERVICE Returned Executed as to Zappala Farms, LLC, Zappala Farms, LLC, James Zappala 12/6/02 Answer due on 2/4/03 for James Zappala, for Zappala Farms, LLC, for Zappala Farms, LLC (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

14

ANSWER to Complaint by Zappala Farms, LLC, Zappala Farms, LLC, James Zappala (Attorney Wallen), (tjm) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 01/14/2003)

Jan. 10, 2003

Jan. 10, 2003

15

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: Sunu P. Chandy, Esq. for Plaintiff; Joseph E. Wallen, Esq. for Deft. ALSO PRESENT: Patricia C. Kakalec, Esq. for Intervenor-Plaintiff RULINGS: Initial status conference held. Uniform Pretrial Scheduling Order issued. (kmg) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 02/12/2003)

Jan. 15, 2003

Jan. 15, 2003

16

Uniform Pretrial Order; Length of Trial: 3 days; Trial Location: Syracuse, NY; Joining of Parties Deadline 3/14/03 ; Amending of Pleadings Deadline 3/14/03 ; Discovery Deadline 9/15/03 ; Motion Filing Deadline 12/15/03 ; Mediation Deadline 5/15/03 ; ( Signed by: Magistrate Judge Gustave J. DiBianco ) (kmg) (Entered: 02/12/2003)

Jan. 15, 2003

Jan. 15, 2003

Sent notice to all counsel re: that the selection of a mediator must be completed on or b/f 2/4/03. (fce) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

Parties have selected Michael Balanoff to serve as mediator in this case; sent med. pkt. to all counsel and Mr. Balanoff. (fce) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

Atty. M. Balanoff not able to serve as mediator; parties to select new mediator on or b/f 3/25/03** (fce) (Entered: 03/11/2003)

March 11, 2003

March 11, 2003

17

REQUEST and ORDER: mediation deadline extended to 5/29/03 (signed by Magistrate Judge Gustave J. DiBianco) [served 3/26/03] (plp) (Entered: 03/28/2003)

March 26, 2003

March 26, 2003

Ray deSilva has been selected to serve as mediator; sent med. pkt. to all counsel and Mr. deSilva. (fce) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

18

LETTER/NOTICE OF SETTLEMENT filed by Sunu Chandy, Esq. for pltf. Equal Employment Com; Letter advising the Court that parties have reached a monetary settlement, and a consent decree is forthcoming (kcl) Additional attachment(s) added on 8/17/2004 (lmp, ). (Entered: 06/17/2003)

June 17, 2003

June 17, 2003

19

LETTER/ORDER dated 10/13/03; Letter addressed to Counsel for parties advising that the Court's record indictates that on 6/17/03, the parties were advised by pltfs. atty. that the matter was settled and a consent decree was forthcoming; Parties are directed to forward a stipulation discontinuing this matter signed by all counsel; so Ordered ( signed by Senior Judge Neal P. McCurn 10/13/03 ) (kcl) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

20

CONSENT DECREE/JUDGMENT for James Zappala, Elias Mendoza, Zappala Farms, LLC, Equal Employment Com ( signed by Senior Judge Neal P. McCurn 10/15/03 ) (kcl) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

21

CONSENT DECREE/JUDGMENT for James Zappala, Elias Mendoza, Zappala Farms, LLC, Equal Employment Com ( signed by Senior Judge Neal P. McCurn ) (kcl) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

Case closed (kcl) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 2002

Closing Date: Oct. 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

Zappala Farms, Inc. (Oswego County, NY), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 20000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Pay / Benefits

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit