Case: EEOC v. JAMES G. KENNEDY & CO., INC

2:04-cv-02586 | U.S. District Court for the District of New Jersey

Filed Date: June 3, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's Philadelphia district office sued James G. Kennedy & Co., Inc. on June 3, 2004 in the U.S. District Court for the District of New Jersey. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliated against the intervenor, who intervened in September 2004, for her complaint by firing her. Following a settlement conference in March 2005, the parties settled the case. The parties …

The EEOC's Philadelphia district office sued James G. Kennedy & Co., Inc. on June 3, 2004 in the U.S. District Court for the District of New Jersey. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliated against the intervenor, who intervened in September 2004, for her complaint by firing her. Following a settlement conference in March 2005, the parties settled the case. The parties entered into a consent decree on July 7, 2005, which stipulated that the defendant would pay the complainant $125,000 in damages, post a notice of compliance with Title VII, post the defendant's EEO policy, provide Title VII training to its supervisors, provide the complainant with a neutral letter of reference, and report complaints of sexual harassment to the EEOC semiannually for a year.

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

Summary Authors

Aaron Weismann (7/11/2007)

Documents in the Clearinghouse

Document

2:04-cv-02586

Docket [PACER]

EEOC v. James G. Kennedy & Co., Inc.

July 7, 2005

July 7, 2005

Docket
1

2:04-cv-02586

Complaint

EEOC v. James G. Kennedy & Co., Inc.

June 3, 2004

June 3, 2004

Complaint
12

2:04-cv-02586

Intervenor Complaint

EEOC v. James G. Kennedy & Co., Inc.

Sept. 23, 2004

Sept. 23, 2004

Complaint

EEOC Litigation Settlement Report

EEOC v. James G. Kennedy & Co., Inc.

No Court

July 1, 2005

July 1, 2005

Press Release
22

2:04-cv-02586

Consent Decree

EEOC v. James G. Kennedy & Co., Inc.

July 7, 2005

July 7, 2005

Settlement Agreement

Resources

Docket

Last updated June 9, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JAMES G. KENNEDY & CO., INC. JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(dr, ) (Entered: 06/08/2004)

June 3, 2004

June 3, 2004

Summons Issued as to JAMES G. KENNEDY & CO., INC..Days Due - 20. Mailed to Counsel (dr, ) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

2

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. JAMES G. KENNEDY & CO., INC. served on 6/23/2004, answer due 7/13/2004. (DD, ) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

4

ANSWER to Complaint by JAMES G. KENNEDY & CO., INC.. (Attachments: # 1 Statement Rule 7.1 Disclosure)(RABIN, KEREN) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

5

LETTER-ORDER Scheduling rule 16 Conference set for 10/7/2004 11:30 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk.Signed by Judge Mark Falk on 8/4/04. (mm-sl, ) (Entered: 08/09/2004)

Aug. 4, 2004

Aug. 4, 2004

6

MOTION to Intervene by JENNIFER HULAHAN. (Attachments: # 1 Brief# 2 cert. of Frances Farber-Walter, Esq.# 3 proposed order# 4 Exh A# 5 Exh B# 6 Exh C)(DD, ) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

Set Deadlines as to 6 MOTION to Intervene. Motion Hearing set for 9/13/2004 before Judge Dennis M. Cavanaugh. [PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT] (DD, ) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

7

BRIEF in Opposition re 6 MOTION to Intervene filed by JAMES G. KENNEDY & CO., INC.. (RABIN, KEREN) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

8

REPLY to Response to Motion re 6 MOTION to Intervene filed by JENNIFER HULAHAN. (Attachments: # 1 Affidavit of Frances Farber Walter)(SIEGLER, STEVEN) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

9

CERTIFICATE OF SERVICE by JENNIFER HULAHAN re 8 Reply to Response to Motion to Intervene (SIEGLER, STEVEN) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

10

RESPONSE to Motion re 6 MOTION to Intervene Withdrawal of Opposition to Motion to Intervene filed by JAMES G. KENNEDY & CO., INC.. (RABIN, KEREN) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

11

ORDER granting 6 Motion to Intervene by JENNIFER HULAHAN. Directing her to file a Cmp. in the form subm. w/her moving papers w/in 7 days of the daste hereof.. Signed by Judge Mark Falk on 9/20/04. (DD, ) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

12

Intervenor COMPLAINT and Jury Demand , filed by JENNIFER HULAHAN.(FARBER-WALTER, FRANCES) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

13

ANSWER to Intervenor Complaint and Affirmative Defenses by JAMES G. KENNEDY & CO., INC..(RABIN, KEREN) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

Minute Entry for proceedings held before Judge Mark Falk: Initial Pretrial Conference held on 10/19/2004. (mm-sl, ) (Entered: 10/25/2004)

Oct. 19, 2004

Oct. 19, 2004

14

PRETRIAL SCHEDULING ORDER: Status/Settlement Conference set for 12/14/2004 10:30 AM before Magistrate Judge Mark Falk. Discovery due by 4/1/2005; etc.. Signed by Judge Mark Falk on 10/22/04. (DD, ) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

15

Substitution of Attorney - Attorney JAMES P. WALSH and JAMES P. WALSH for JAMES G. KENNEDY & CO., INC., RENE M. JOHNSON and JAMES P. WALSH for JAMES G. KENNEDY & CO., INC. added. Attorney KEREN RABIN terminated.. (WALSH, JAMES) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

17

Letter from Rene M. Johnson, Esquire. (JOHNSON, RENE) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

18

Letter from Rene M. Johnson. (JOHNSON, RENE) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

Minute Entry for proceedings held before Judge Mark Falk : Settlement Conference held on 3/14/2005. (mm-sl, ) (Entered: 03/16/2005)

March 14, 2005

March 14, 2005

19

ORDER DISMISSING CASE as settled, w/out costs & w/out prejudice.. Signed by Judge Dennis M. Cavanaugh on 3/16/05. (DD, ) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

20

NOTICE by JAMES G. KENNEDY & CO., INC. CONSENT DECREE (WALSH, JAMES) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

21

STIPULATION of Dismissal WITH PREJUDICE, RELATED TO DOC. NO. 20 (CONSENT DECREE, para. 7) by JAMES G. KENNEDY & CO., INC.. (WALSH, JAMES) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

22

CONSENT DECREE ORDER re: settlement. Signed by Judge Dennis M. Cavanaugh on 7/6/2005. (mn, ) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: June 3, 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

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

James G. Kennedy & Co., Inc. (Jersey City, NJ), Private Entity/Person

Case Details

Causes of Action:

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

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: 125000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Reporting

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

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