Case: EEOC v. MORAN FOODS (d/b/a SAVE-A-LOT)

1:03-cv-04617 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 30, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office in Philadelphia, Pennsylvania brought this suit against Moran Foods, Inc., doing business as Save-A-Lot, in the U.S. District Court for the District of New Jersey. Two males intervened in the case, and alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it allowed its managers to create a hostile work environment. Specifically, the aggrieved males alleged sex discrimination based on unsolicited inappropriate sexual com…

In September 2003, the EEOC district office in Philadelphia, Pennsylvania brought this suit against Moran Foods, Inc., doing business as Save-A-Lot, in the U.S. District Court for the District of New Jersey. Two males intervened in the case, and alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it allowed its managers to create a hostile work environment. Specifically, the aggrieved males alleged sex discrimination based on unsolicited inappropriate sexual comments, physical touching, and requests for sex from managers.

A consent decree was issued in March 2005. In the consent decree, the parties agreed that the defendant would refrain from retaliating or discriminating on the basis of sex, expunge employment records of reference to this litigation, give a neutral reference to the aggrieved males, pay the aggrieved men $175,000, keep records of all complaints, allow the EEOC to randomly monitor complaints made, and post EEO notices.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Jason Chester (6/16/2007)

Clearinghouse (12/23/2018)

Documents in the Clearinghouse

Document

1:03-cv-04617

Docket (PACER)

EEOC v. MORAN FOODS INC., et al

March 24, 2005

March 24, 2005

Docket
15

1:03-cv-04617

Third Party Complaint [David Beck]

Equal Employment Opportunity Commission; and David Beck v. Moran Foods, Inc d/b/a Save-a-lot, Ltd. et al

Feb. 26, 2004

Feb. 26, 2004

Complaint
16

1:03-cv-04617

Third Party Complaint [David Mizerek]

Equal Employment Opportunity Commission; and David Mizerek v. Moran Foods, Inc d/b/a Save-a-lot, Ltd. et al

Feb. 27, 2004

Feb. 27, 2004

Complaint
26

1:03-cv-04617

Order of Dismissal

Equal Employment Opportunity Commission v. Moran Foods, Inc., et al

Jan. 10, 2005

Jan. 10, 2005

Order/Opinion
28

1:03-cv-04617

Consent Decree

Equal Employment Opportunity Commission v. Moran Foods Inc. d/b/a Save-a-lot, Ltd.

March 24, 2005

March 24, 2005

Settlement Agreement

Resources

Docket

Last updated March 25, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand (gg) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

2

NOTICE of Allocation and Assignment filed. ( Camden - Judge Freda L. Wolfson - Magistrate Judge Joel B. Rosen) (NM) (gg) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

SUMMONS issued for MORAN FOODS INC. (20 Days) (Mailed to Counsel) (gg) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

3

ANSWER to Complaint by MORAN FOODS INC. (sb) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

4

ORDER, setting scheduling conference for 9:30 11/26/03 (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

5

RETURN OF SERVICE executed by mail as to MORAN FOODS INC. 10/23/03 Answer due on 11/12/03 (sb) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

6

ORDER, for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (signed by Mag. Judge Joel B. Rosen) (NM) (db) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

7

CERTIFICATION of Michael S. Cohen on behalf of MORAN FOODS INC. Re: [6-1] order for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (db) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

8

AFFIDAVIT of Jonathan D. Wetchler on behalf of MORAN FOODS INC. Re: [6-1] order for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (db) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

Scheduling conference held before Mag. Judge Joel B. Rosen on 11/26/03. (js) (Entered: 12/04/2003)

Nov. 26, 2003

Nov. 26, 2003

9

Notice of MOTION to intervene add third party complaint and assert additional claims by DAVID BECK, Motion set for 2/6/04 on [9-1] motion . (Brief/PO Subm) (db) (Entered: 12/31/2003)

Dec. 30, 2003

Dec. 30, 2003

10

CERTIFICATE OF SERVICE by DAVID BECK Service Re: [9-1] motion to intervene add third party complaint and assert additional claims (db) (Entered: 12/31/2003)

Dec. 30, 2003

Dec. 30, 2003

11

Notice of MOTION to intervene, add third party complaint and assert additional claims by DAVID MIZEREK, Motion set for 2/6/04 on [11-1] motion . (Brief/PO Subm) (db) (Entered: 12/31/2003)

Dec. 30, 2003

Dec. 30, 2003

12

CERTIFICATE OF SERVICE by DAVID MIZEREK Service Re: [11-1] motion to intervene, add third party complaint and assert additional claims (db) (Entered: 12/31/2003)

Dec. 30, 2003

Dec. 30, 2003

14

ORDER granting [9] Motion to Intervene & granting [11] Motion to Intervene. Signed by Judge Joel B. Rosen on 2/8/04. (js) (Entered: 02/09/2004)

Feb. 8, 2004

Feb. 8, 2004

15

THIRD PARTY COMPLAINT against JOHN DOES, FRANK CALDERONI, DENISE MORTON, MORAN FOODS INC. , filed by DAVID BECK.(db) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

16

THIRD PARTY COMPLAINT against FRANK CALDERONI, JOHN DOES, MORAN FOODS INC., DENISE MORTON , filed by DAVID MIZEREK.(db) (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

17

ANSWER to Third Party Complaint of DAVID BECK by FRANK CALDERONI. (Cert of Svc)(ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

18

ANSWER to Third Party Complaint of DAVID BECK by DENISE MORTON.(ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

19

ANSWER to Third Party Complaint of DAVID BECK by MORAN FOODS INC..(ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

20

ANSWER to Third Party Complaint of DAVID MIZEREK by MORAN FOODS INC. (ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

21

ANSWER to Third Party Complaint of DAVID MIZEREK by FRANK CALDERONI.(ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

22

ANSWER to Third Party Complaint of DAVID MIZEREK by DENISE MORTON.(ar1, ) (Entered: 04/02/2004)

March 29, 2004

March 29, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 5/3/2004. (bb, ) (Entered: 05/04/2004)

May 3, 2004

May 3, 2004

23

SCHEDULING ORDER: Settlement Conference set for 9/27/2004 at 9:30 AM before Magistrate Judge Joel B. Rosen. Discovery due by 9/30/2004. Signed by Judge Joel B. Rosen on 5/4/04. (ar1, ) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 9/27/2004. (bb, ) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

24

SCHEDULING ORDER: Status Conference set for 1/10/2005 at 12:00 Noon before Magistrate Judge Joel B. Rosen. Discovery due by 1/31/2005. Signed by Judge Joel B. Rosen on 9/28/04. (ar1, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

25

SCHEDULING ORDER: Status Conference set for 1/10/2005 at 12:00 Noon before Magistrate Judge Joel B. Rosen. Discovery due by 1/31/2005. Signed by Judge Joel B. Rosen on 9/28/04. (ar1, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

26

ORDER DISMISSING CASE without prejudice and without costs. Signed by Judge Freda L. Wolfson on 1/10/05. (ar1, ) (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

27

ORDER granting the extension of time until March 30, 2005, in which to consummate settlement. Signed by Judge Freda L. Wolfson on 3/10/05. (ar1, ) (Entered: 03/11/2005)

March 10, 2005

March 10, 2005

28

CONSENT DECREE ORDER. Signed by Judge Freda L. Wolfson on 3/24/05. (ar1, ) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Deniese Morton, Private Entity/Person

Frank Calderoni, Private Entity/Person

Moran Foods, Inc. (Rio-Grande), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Available 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: 175000

Order Duration: 2005 - 2007

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit