Case: EEOC v. Pascal Co., Inc.

1:03-cv-00442 | U.S. District Court for the Western District of Michigan

Filed Date: July 3, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In July 2003, the EEOC district office in Detroit, Michigan brought this action against Pascal Co., Inc. in the U.S. District Court for the Western District of Michigan. The EEOC alleged that the defendant violated the Age Discrimination in Employment Act (ADEA) when it subjected a 52-year-old employee to age based insults and eventually terminated him because of his age.

After the charging party intervened as a plaintiff, the parties agreed to voluntary facilitative mediation, and a settlement was reached. In June 2004, a consent decree was entered. The defendant agreed to refrain from retaliating and discriminating based on age, pay the complainant an undisclosed amount of money, provide EEO training, and post an EEO notice. The terms of the agreement ran for three years.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Jason Chester (7/27/2007)

Clearinghouse (12/22/2018)

Documents in the Clearinghouse

Document

1:03-cv-00442

Docket

EEOC v. Pascal, Co. Inc.

June 21, 2004

June 21, 2004

Docket
1

1:03-cv-00442

Complaint

July 3, 2003

July 3, 2003

Complaint
17

1:03-cv-00442

Complaint in Intervention

EEOC & James B. Thorndill v. Pascal Company, Inc.

Sept. 19, 2003

Sept. 19, 2003

Complaint

1:03-cv-00442

Consent Decree

EEOC v. Pascal Company, Inc.

June 21, 2004

June 21, 2004

Settlement Agreement

Resources

Docket

Last updated March 23, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and jury demand against Pascal, Co. Inc. filed by Equal Employment Opportunity Commission (rlw, ) (Entered: 07/09/2003)

July 3, 2003

July 3, 2003

2

NOTICE REGARDING PUBLIC ACCESS directed to Adele Rapport (rlw, ) (Entered: 07/09/2003)

July 3, 2003

July 3, 2003

SUMMONS ISSUED as to Pascal, Co. Inc. (rlw, ) (Entered: 07/09/2003)

July 3, 2003

July 3, 2003

3

PROPOSED STIPULATION and ORDER for leave to plead to the Complaint by 9/2/03 by defendant Pascal, Co. Inc. (mrs, ) (Entered: 08/07/2003)

Aug. 4, 2003

Aug. 4, 2003

5

STIPULATION AND ORDER granting 3; defendant shall answer or otherwise plead by 9/2/2003; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

Copy of Order on Stipulation and Proposed Order5 sent via U.S. Mail to R. Stein (rlw, ) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

6

NOTICE of motion to intervene (mrs, ) (Entered: 08/25/2003)

Aug. 21, 2003

Aug. 21, 2003

7

MOTION to intervene as plaintiff by movant James B. Thorndill ; (mrs, ) Additional attachment(s) added on 8/25/2003 (mrs, ). Modified on 9/5/2003 (mrs, ). (Entered: 08/25/2003)

Aug. 21, 2003

Aug. 21, 2003

8

BRIEF in support of 7 motion to intervene as plaintiff filed by James B. Thorndill (mrs, ) (Entered: 08/25/2003)

Aug. 21, 2003

Aug. 21, 2003

9

PROOF OF SERVICE by movant-plaintiff James B. Thorndill re 6, 7, 8 (mrs, ) Modified on 9/5/2003 (ldm) (Entered: 08/25/2003)

Aug. 21, 2003

Aug. 21, 2003

10

NOTICE REGARDING PUBLIC ACCESS directed to atty Drew (mrs, ) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

11

ANSWER to complaint with Affirmative Defenses, Jury Demand, Consent to Electronic Service, and Proof of Service by Pascal, Co. Inc. (mrs, ) (Entered: 09/04/2003)

Sept. 2, 2003

Sept. 2, 2003

12

ATTORNEY SUBSTITUTION adding attorney Omar Weaver for Equal Employment Opportunity Commission in the place of Dale Price (mrs, ) Modified on 9/15/2003 (mrs, ). (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

13

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission re 12 (mrs, ) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

14

NOTICE REGARDING PUBLIC ACCESS directed to atty Weaver (mrs, ) (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

15

ORDER granting 7 motion of James B. Thorndill to intervene; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 09/19/2003)

Sept. 19, 2003

Sept. 19, 2003

17

INTERVENOR COMPLAINT with jury demand filed by James B. Thorndill (rlw, ) (Entered: 09/23/2003)

Sept. 19, 2003

Sept. 19, 2003

16

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 10/30/2003 at 09:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 10/27/2003; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 09/22/2003)

Sept. 22, 2003

Sept. 22, 2003

18

ANSWER to intervenor complaint of Defendant, Pascal Company, Inc. , COUNTERCLAIM against James B. Thorndill by Pascal, Co. Inc. (Stein, Robert) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

20

PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission (AMENDED) for first set of interrogatories, request for documents and request for admissions served upon atty Stein 10/15/03; and first set of interrogatories, requests for documents and request for admissions served upon atty Drew 10/16/03 (mrs, ) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

23

ANSWER to counterclaim with Affirmative Defenses and Reliance on Jury Demand by James B. Thorndill (mrs, ) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

24

PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill re 23 (mrs, ) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

21

JOINT STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

22

RESPONSE TO ANSWER TO COMPLAINT re 18 Reply to Counter Claim, Affirmative Defenses and Jury Demand filed by plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

25

MINUTES of Rule 16 Scheduling Conference (by phone) held by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cr) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

26

CASE MANAGEMENT ORDER: jury trial set for 3/2005 civil trial session at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; settlement conference set for 1/29/2004 at 10:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 2/22/2005 at 03:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

27

ORDER referring case to VOLUNTARY FACILITATIVE MEDIATION: Facilitative Mediator rep by Jon G. March added; plaintiff VFM fee to be submitted by 12/15/2003; defendant VFM fee to be submitted by 12/15/2003; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

28

ORDER regarding settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

29

CERTIFICATE OF SERVICE by defendant Pascal, Co. Inc. of Answers to Discovery Propounded by Plaintiff EEOC (Stein, Robert) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

30

PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill for disclosures pursuant to FRCP 26(a)(1) (mrs, ) (Entered: 12/19/2003)

Dec. 17, 2003

Dec. 17, 2003

31

CERTIFICATE OF SERVICE by defendant Pascal, Co. Inc. of Fed R. 26(A) DISCLOSURES (Stein, Robert) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

32

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for Rule 26 (a)(1) Disclosures (acr, ) (Entered: 12/26/2003)

Dec. 26, 2003

Dec. 26, 2003

VFM FEE RECEIVED in the amount of $12.50, check number 27246 for payment of Intervenor-Plaintiff James B. Thorndill's VFM fee (ADR Administrator, mjs) (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

33

PROPOSED STIPULATION and ORDER to reschedule facilitative mediation by plaintiff Equal Employment Opportunity Commission, defendant Pascal, Co. Inc., intervenor-plaintiff James B. Thorndill (mrs, ) (Entered: 01/22/2004)

Jan. 16, 2004

Jan. 16, 2004

34

PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill re 33 (mrs, ) (Entered: 01/22/2004)

Jan. 16, 2004

Jan. 16, 2004

35

MINUTES of settlement conference held before Magistrate Judge Ellen S. Carmody (Tape #C-G04-#8) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

VFM FEE RECEIVED in the amount of $12.50, check number 114 for payment of Plaintiff Equal Employment Opportunity Commission's portion of the VFM fee (Related document(s),27) (ADR Administrator, mjs) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

36

ORDER granting STIPULATION 33 to reschedule facilitative mediation; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 03/25/2004)

March 25, 2004

March 25, 2004

37

PROPOSED STIPULATION and ORDER that Exhibit B Attached to Consent Decree Will be Placed on the Record by defendant Pascal Co., Inc, by Intervening Plaintiff James Thordill and by plaintiff Equal Employment Opportunity Commission (bd, ) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

38

ORDER granting STIPULATION 37 that Exhibit B attached to the consent decree will be placed on the record but will not be part of the Court's electronic file; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

39

PROPOSED STIPULATION and ORDER of Dismissal by intervenor-plaintiff James B. Thorndill (Drew, Stephen) (Entered: 05/12/2004)

May 12, 2004

May 12, 2004

40

ORDER OF DISMISSAL granting STIPULATION 39, the Complaint in Intervention and all claims of Intervening Plaintiff James Thorndill against Defendant are DISMISSED WITH PREJUDICE and without costs; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/14/2004)

May 14, 2004

May 14, 2004

41

PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission, defendant Pascal, Co. Inc. (Attachments: # 1 Exhibit A# (2) Exhibit B - per Order, document no. 38, Exhibit B will be placed on the record but will not be part of the Court's electronic file) (rlw, ) Modified on 6/18/2004 (mbb, ). (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

42

ORDER granting consent decree 41, case is DISMISSED WITH PREJUDICE and without costs, court reserves jurisdiction to enforce this Consent Decree; signed by Judge Richard Alan Enslen (Attachments: # 1 Exhibit A) (Judge

June 21, 2004

June 21, 2004

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 3, 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

Pascal Co., Inc., 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

Available Documents:

Trial Court Docket

Complaint (any)

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

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit