Case: EEOC v. AT SYSTEMS INC

1:04-cv-01303 | U.S. District Court for the District of Delaware

Filed Date: Sept. 28, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC brought this suit against AT Systems, Inc., in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant violated the Age Discrimination in Employment Act of 1967 (ADEA) by subjecting the charging party, an employee of fifty-five years of age, to disparate treatment in terms of pay and by terminating him because of his age. After some scheduling orders and discovery, the parties settled through a consent decree in August 2005. The two-…

In September 2004, the EEOC brought this suit against AT Systems, Inc., in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant violated the Age Discrimination in Employment Act of 1967 (ADEA) by subjecting the charging party, an employee of fifty-five years of age, to disparate treatment in terms of pay and by terminating him because of his age. After some scheduling orders and discovery, the parties settled through a consent decree in August 2005.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of the consent decree, provide ADEA training to corporate security and human resource employees, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay the charging party $60,000 in back wages and $500 for attorneys' fees.

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 (6/26/2007)

Clearinghouse (12/3/2018)

Documents in the Clearinghouse

Document

1:04-cv-01303

Docket

EEOC v. AT Systems Inc

Aug. 30, 2005

Aug. 30, 2005

Docket
47

1:04-cv-01303

Consent Decree

EEOC v. AT Systems

Aug. 29, 2005

Aug. 29, 2005

Settlement Agreement

Resources

Docket

Last updated March 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Magistrate Consent Notice to Pltf. (els) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

DEMAND for jury trial by Equal Employment (els) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

2

Letter dated 9/28/04 from AUSA to Clerk RE: page 4 of complaint left out (els) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

3

CASE assigned to Judge Gregory M. Sleet . Notice to all parties. (rjb) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

4

MOTION by Equal Employment with Proposed Order for M. Jean Clicker, Esq. to Appear Pro Hac Vice (mmm) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

So Ordered granting [4-1] motion for M. Jean Clicker, Esq. to Appear Pro Hac Vice ( signed by Judge Gregory M. Sleet ) Notice to all parties. (mmm) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

5

STIPULATION with proposed order to Extend the Date of Filing to from 10/27/04 to 11/5/04 for the Defendant to file an answer to the complaint (asw) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

6

NOTICE of attorney appearance for AT Systems Inc. by Barry M. Willoughby (asw) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

So Ordered granting [5-1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

Deadline updated; reset Answer deadline to 11/5/04 for AT Systems Inc. (asw) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

7

RETURN OF SERVICE executed as to AT Systems Inc. 10/10/04 Answer due on 11/1/04 for AT Systems Inc. (asw) (Entered: 10/29/2004)

Oct. 28, 2004

Oct. 28, 2004

8

ANSWER to Complaint by AT Systems Inc. (Attorney, Barry Willoughby), (asw) (Entered: 11/09/2004)

Nov. 5, 2004

Nov. 5, 2004

9

NOTICE OF SERVICE by AT Systems Inc. re: First Request for Production of Documents Directed to Plaintiffs (asw) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

10

NOTICE OF SERVICE by AT Systems Inc. re: First Set of Interrogatories Directed to Plaintiffs (asw) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

11

JOINT MOTION with Proposed Order to Amend Caption of complaint filed by the parties (asw) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

12

NOTICE of Scheduling that the Court will hold an initial telephone conference on 1/10/05 at 11:15 a.m.; Copies to counsel (asw) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

So Ordered granting [11-1] motion to Amend Caption of complaint ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw) (Entered: 01/05/2005)

Jan. 3, 2005

Jan. 3, 2005

13

JOINT STATUS REPORT filed by the parties (asw) (Entered: 01/05/2005)

Jan. 4, 2005

Jan. 4, 2005

Telephone conference re: 16.2a held; Judge Sleet presiding; Crt Rptr, K. Maurer; Court will hold a 16.2b Scheduling Conference on 2/3/05 at 9:00 a.m.; Plaintiff's counsel will appear by telephone; Court will send notice to counsel (asw) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

15

NOTICE of Scheduling that a status and scheduling conference has been set for 2/3/05 at 11:30 a.m.; Copies to counsel (asw) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

Deadline updated; set a status and Scheduling Conference for 11:30 a.m. on 2/3/05 (asw) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

16

CERTIFICATE OF SERVICE by Equal Employment re: First Set of Interrogs. (afb) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

17

CERTIFICATE OF SERVICE by Equal Employment re: First Request for Prod. of Docs. directed to Deft. A.T. Systems, Inc. (afb) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

18

CERTIFICATE OF SERVICE by Equal Employment re: Request for Admissions (First Set) Directed to Deft. (afb) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

19

CERTIFICATE OF SERVICE by Equal Employment re: Commissioner's Responses to Deft.'s Request for Prod. of Docs. (afb) (Entered: 02/02/2005)

Feb. 1, 2005

Feb. 1, 2005

20

CERTIFICATE OF SERVICE by Equal Employment re: Commissioner's Answers and Objs. to Deft.'s First Set of Interrogs. (afb) (Entered: 02/02/2005)

Feb. 1, 2005

Feb. 1, 2005

21

Letter to Judge Sleet from Douglas McCann, Esq. informing the Court that he will not be able to attend the Scheduling Conference set for 2/3/05 at 11:00; Ellen Slights will represent the Plaintiff at the conference and M. Jean Clickner, from the EEOC will participate by via telephone (asw) (Entered: 02/03/2005)

Feb. 2, 2005

Feb. 2, 2005

Scheduling conference held; Judge Sleet presiding; Crt. Rptr, B. Gaffigan; Discovery Cutoff - 7/29/05; Case Dispositive Motions - 8/12/05; Pretrial Order du 12/15/05; Pretrial Conference - 1/10/06 at 10:00 a.m.; 4-day Jury Trial 1/30/06 at 9:00 a.m.; Refer this case to Magistrate Thynge for Mediation; Plaintiff counsel shall prepare the proposed scheduling order and submit to the court by 2/11/05 (asw) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

Deadline updated; set Scheduling Order Deadlines: Discovery deadline on 7/29/05 Deadline for filing dispositive motions by 8/12/05 Pretrial conference by 10:00 1/10/06; 4-day Jury Trial Date Deadline 9:00 1/30/06 Proposed Pretrial Order due on or before 12/15/05 (asw) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

22

NOTICE of Deposition of Robert Gouge by AT Systems Inc. (mmm) (Entered: 02/09/2005)

Feb. 7, 2005

Feb. 7, 2005

23

PROPOSED SCHEDULING ORDER by AT Systems Inc.. on behalf of the parties (asw, ) (Entered: 02/14/2005)

Feb. 11, 2005

Feb. 11, 2005

24

NOTICE OF SERVICE of Supplement to Commissioner's Response to Deft.'s First Request for Prod. of Docs. by Equal Employment Opportunity Commission.(afb, ) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

25

NOTICE OF SERVICE of Defendant's Initial Disclosures by AT Systems Inc.(asw) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

SO ORDERED, re [23] Proposed Scheduling Order filed by AT Systems Inc., Signed by Judge Gregory M. Sleet on 2/18/05. (asw, ) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

CASE REFERRED to Mediation. (cab, ) (Entered: 04/08/2005)

Feb. 18, 2005

Feb. 18, 2005

26

STENO NOTES of Scheduling Conference held on 2/3/05 at 12:30 p.m. before Judge Sleet. Court Reporter: B. Gaffigan. (Notes on file in Clerk's Office) (asw ) (Entered: 02/23/2005)

Feb. 22, 2005

Feb. 22, 2005

27

RE-NOTICE to Take Deposition of Robert Gouge on 3/15/05 at 9:30 a.m. by AT Systems Inc.(mmm) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

28

CERTIFICATE OF SERVICE of NOTICE OF SERVICE OF INITIAL DISCLOSURE by Equal Employment Opportunity Commission (McCann, Douglas) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

29

NOTICE OF SERVICE of Defendant's Response to Plaintiff's First Set of Interrogatories, Defendant's Response to Plaintiff's First Request for Production of Documents, Defendant's Response to Plaintiff's (Revised) First Request for Admissions (First Set) by AT Systems Inc..(Willoughby, Barry) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

NOTICE OF SERVICE of Commission's Second Request for Production of Documents Directed to Defendant A.T. Systems Atlantic, Inc. by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

CORRECTING ENTRY: D.I. #30 was docketed in error. (mmm) (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

30

NOTICE OF SERVICE of Commission's Second Request for Production of Documents Directed to Defendant A.T. Systems Atlantic, Inc. by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

31

NOTICE to Take Deposition of Gary Lake, Kenneth Unitas & Ronald Kocher on April 6, 2005 & April 7, 2005 by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

32

NOTICE OF SERVICE of Second Supplement to Commission's Responses to Defendant's First Request for Production of Documents by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

33

Order Setting Teleconference: Telephone Conference set for 5/16/2005 09:30 AM before Honorable Mary Pat Thynge.. Signed by Judge Mary Pat Thynge on 3/30/2005. (cab, ) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

34

NOTICE to Take Deposition of Larry Slover on April 12 2005 9:00 a.m. by AT Systems Inc..(Willoughby, Barry) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

36

NOTICE to Take Deposition of Gerald Dillon on April 13 2005 9:00 a.m. by AT Systems Inc..(Willoughby, Barry) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

37

NOTICE OF SERVICE of Commission's Third Request for Production of Documents Directed to Defendant A.T. Systems Atlantic, Inc. by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

38

Order Setting Teleconference: Telephone Conference set for 5/16/2005 at 9:30 AM rescheduled to 5/13/2005 09:30 AM before Honorable Mary Pat Thynge.. Signed by Judge Mary Pat Thynge on 4/8/2005. (cab, ) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

39

NOTICE OF SERVICE of Defendant's Response to Commission's Second Request for Production of Documents by AT Systems Inc..(Willoughby, Barry) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

40

SUBPOENA Returned Executed as to Larry Slover on 4/5/05 (Willoughby, Barry) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

41

SUBPOENA Returned Executed as to Frank Sullivan on 4/5/05 (Willoughby, Barry) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

42

SUBPOENA Returned Executed as to Gerald Dillon on 4/7/05 (Willoughby, Barry) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

43

NOTICE OF SERVICE of Notice of Service to Defendant's Response to Commission's Third Request for Production of Documents by AT Systems Inc..(Willoughby, Barry) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

44

PROPOSED ORDER Confidentiality Stipulation and Protective Order by AT Systems Inc.. (Willoughby, Barry) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

SO ORDERED, re 44 Proposed Order filed by AT Systems Inc . Signed by Judge Gregory M. Sleet on 5/4/05. (asw ) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

45

NOTICE OF SERVICE of First Supplement to Commission's Required Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) by Equal Employment Opportunity Commission.(McCann, Douglas) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

46

ORDER Setting Mediation Conferences: Mediation Conference set for 10/13/2005 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge.. Signed by Judge Mary Pat Thynge on 5/13/2005. (cab, ) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

47

PROPOSED CONSENT JUDGMENT by Equal Employment Opportunity Commission. (McCann, Douglas) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

49

CONSENT JUDGMENT in favor of Plaintiff on behalf of Robert Gouge and against Defendant in the amount of $60,000, and as therein set forth. Signed by Judge Gregory M. Sleet on 8/29/05. (mmm) (Entered: 08/30/2005)

Aug. 29, 2005

Aug. 29, 2005

48

ORDER Mediation scheduled for October 13, 2005 at 10:00 AM is canceled. Signed by Judge Mary Pat Thynge on 8/30/2005. (cab, ) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

Case Details

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2004

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

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

AT Systems, Inc. , Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 60500

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

Pay / Benefits

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits