Case: EEOC v. CLIFFORD B. FINKLE JR. INC.

2:03-cv-04404 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 18, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Philadelphia Office of the EEOC brought this action in the U.S. District Court for the District of New Jersey, against Clifford B. Finkle Jr. Inc. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant subjected charging party to sexual harassment and a sexually hostile work environment. The charging party intervened in April 2004 and the parties entered into a consent decree in April 2005. …

The Philadelphia Office of the EEOC brought this action in the U.S. District Court for the District of New Jersey, against Clifford B. Finkle Jr. Inc. The complaint, filed in September 2003, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant subjected charging party to sexual harassment and a sexually hostile work environment. The charging party intervened in April 2004 and the parties entered into a consent decree in April 2005.

According to the EEOC settlement report, the decree was valid for two years and required Defendant to pay charging party a total of $225,000. Defendant was enjoined from discrimination, harassment, and retaliation in violation of Title VII and required to post a notice of non-discrimination at its facility, create an anti-harassment policy and distribute it to its employees, provide annual EEO training to its employees, maintain records of complaints of harassment and allow the EEOC to monitor its compliance with the decree. We do not have copies of the EEOC's complaint or the consent decree for this case.

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

Summary Authors

Shankar Viswanathan (7/25/2007)

Documents in the Clearinghouse

Document

2:03-cv-04404

Docket (PACER)

Equal Employment Opportunity Commission v. Clifford B. Finkle, Jr., Inc.

May 16, 2005

May 16, 2005

Docket
10

2:03-cv-04404

Complaint in Intervention

Equal Employment Opportunity Commission v. Clifford B. Finkle, Jr., Inc.

May 10, 2004

May 10, 2004

Complaint
36

2:03-cv-04404

Order [Dismissing Case]

Equal Employment Opportunity Commission v. Clifford B. Finkle, Jr., Inc.

April 27, 2005

April 27, 2005

Order/Opinion
39

2:03-cv-04404

Consent Order

Equal Employment Opportunity Commission v. Clifford B. Finkle, Jr., Inc.

April 28, 2005

April 28, 2005

Order/Opinion

2:03-cv-04404

EEOC Litigation Settlements - May 2005

EEOC v. Clifford B. Finkle Jr., Inc.

No Court

Oct. 11, 2005

Oct. 11, 2005

Press Release

Resources

Docket

Last updated July 20, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand FILING FEE $ wv (MD) (Entered: 09/22/2003)

Sept. 18, 2003

Sept. 18, 2003

2

NOTICE of Allocation and Assignment filed. ( Newark - Judge Hochberg - Magistrate Judge Shwartz) (NM) (MD) (Entered: 09/22/2003)

Sept. 22, 2003

Sept. 22, 2003

SUMMONS(ES) issued for CLIFFORD B. FINKLE ( 20 Days) (Mailed to Counsel) (MD) (Entered: 09/22/2003)

Sept. 22, 2003

Sept. 22, 2003

3

ANSWER to Complaint by CLIFFORD B. FINKLE (DS) (Entered: 11/18/2003)

Nov. 13, 2003

Nov. 13, 2003

4

ORDER, setting scheduling conference for 2:00 2/25/04 ( signed by Magistrate Judge Patty Shwartz ) (NM) (DS) (Entered: 12/08/2003)

Nov. 25, 2003

Nov. 25, 2003

5

ORDER REFERRING CASE to Mediation. Staying all proceedings from 6/18/04 through 8/3/04. setting status conf. for 7/19/04 at 9:30 a.m. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

6

PRETRIAL SCHEDULING ORDER: setting Settlement Conference for 8/3/2004 11:00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Telephone Conference set for 7/19/2004 09:30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 1/27/2005 10:00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Fact Discovery due by 10/29/2004. Dispositive Motions due by 12/31/2004. Proposed Pretrial Order due by 1/21/2005, etc. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Scheduling Conference held on 2/25/2004. (aa, ) (Entered: 03/02/2004)

Feb. 25, 2004

Feb. 25, 2004

7

LETTER ORDER DESIGNATING ROSEMARY J. BRUNO as mediator. Signed by Judge Ronald J. Hedges on 03/04/04. (cc, ) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

8

MOTION to Intervene w/cert. of serv. by ROSEMARIE SKIFF. (Attachments: # 1 PO# 2 Letter Brief# 3 Proposed Cmp.)(DD, ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

Set Deadlines as to 8 MOTION to Intervene. Motion Hearing set for 5/24/2004 before Judge Faith S. Hochberg. (DD, ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

9

ORDER granting 8 Motion to Intervene; Rosemarie Skiff is granted leave to file a complaint as a pltf. Said complaint shall be filed no later than 5/7/04; EEOC shall provide Rosemarie Skiff copies of all orders, pleadings, and discovery exchanged in this federal civil action. . Signed by Judge Patty Shwartz on 4/28/04. (jd, ) (Entered: 04/29/2004)

April 28, 2004

April 28, 2004

10

Intervenor COMPLAINT w/jury demand, filed by ROSEMARIE SKIFF.(sr, ) (Entered: 05/13/2004)

May 10, 2004

May 10, 2004

12

LETTER ORDER scheduling an in person conference Hearing set for 6/8/2004 10:00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 05/26/04. (nr, ) Modified on 5/28/2004 (nr, ). (Entered: 05/28/2004)

May 27, 2004

May 27, 2004

15

WAIVER OF SERVICE Returned Executed by PLAINTIFFS as to CLIFFORD B. FINKLE, JR. INC. waiver sent on 5/7/2004, answer due 7/6/2004; DOUGLAS DOWLING waiver sent on 5/7/2004, answer due 7/6/2004. (Attachments: # 1 Waiver of Service for Clifford B. Finkle, Jr.)(dc, ) (Entered: 06/10/2004)

June 7, 2004

June 7, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Status Conference held on 6/8/2004. (aa, ) (Entered: 07/01/2004)

June 8, 2004

June 8, 2004

13

Amended Pretrial SCHEDULING ORDER: Settlement Conference set for 9/23/2004 11:30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 3/2/2005 10:00 AM before Magistrate Judge Patty Shwartz. Status Conference set for 7/12/2004 03:00 PM before Judge Faith S. Hochberg. Dispositive Motions due by 1/28/2005. The return date shall be 2/21/05 before Judge Hochberg. Chambers will advise the parties if oral argument will be required. Proposed Pretrial Order due by 2/25/2005.. Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

14

Amended ORDER of Reference to Mediation: Mediation shall commence on 6/30/04 with Rosemary Bruno, Esq., who has been appointed to serve as the mediator; the proceedings in this action shall not be stayed; there shall be a telephone status conf. on 7/12/04 at 3:00 p.m.. Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

16

ANSWER to Intervenor Complaint by CLIFFORD B. FINKLE, JR. INC., DOUGLAS DOWLING, CLIFFORD B. FINKLE.(CAMPISANO, FRANK) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

17

ORDER setting Settlement Conference for 7/13/2004 03:00 PM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Signed by Judge Faith S. Hochberg on 6/21/2004. (lm, ) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

18

ORDER that the request for an Order directing reimburse of expenses is moot; & all other terms of the Order dated 6/8/04 shall remain in full force & effect.. Signed by Judge Patty Shwartz on 6/29/04. (DD, ) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 7/12/2004. (aa, ) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

19

LETTER ORDER the Settlement Conference set for 11:30 AM on 9/23/04 has been converted to a Telephone Settlement Conference at 11:00 AM before Magistrate Judge Patty Shwartz. Signed by Judge Patty Shwartz on 9/17/04. (dc, ) (Entered: 09/22/2004)

Sept. 21, 2004

Sept. 21, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/23/2004. (aa, ) (Entered: 09/27/2004)

Sept. 23, 2004

Sept. 23, 2004

20

ORDER: that the intervening plaintiff shall provide answers to the interrogatories and document demands served by the defendant no later than 10/15/04. It is further order that the Order of 6/8/04 shall remain in full force and effect. Telephone Conference set for 12/10/2004 09:30 AM before Judge Faith S. Hochberg.. Signed by Judge Patty Shwartz on 9/24/04. (JB, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/28/2004. (aa, ) (Entered: 10/13/2004)

Sept. 28, 2004

Sept. 28, 2004

21

ORDER Settlement Conference set for 9/30/2004 01:30 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 9/28/04. (DD, ) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 9/30/2004. (aa, ) (Entered: 10/13/2004)

Sept. 30, 2004

Sept. 30, 2004

22

NOTICE of Appearance by RACHEL M. SMITH on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (dc, ) (Entered: 10/22/2004)

Oct. 18, 2004

Oct. 18, 2004

23

STATUS REPORT ORDER: Status Report due by 12/3/2004. Signed by Judge Faith S. Hochberg on 11/18/2004. (lm, ) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 12/10/2004. (aa, ) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

24

SCHEDULING ORDER setting deposition deadlines and setting Final Pretrial Conference set for 3/2/2005 10:00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 12/10/04. (nr, ) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

25

ORDER extending certain deadlines: Joint Proposed Final Pretrial Order due by 3/31/2005 at 4:00 PM. Final Pretrial Conference set for 4/4/2005 at 10:00 AM before Magistrate Judge Patty Shwartz. Affirmative Expert Report no later than 2/10/05. Responsive Expert Report no later than 3/10/05. Expert Depositions no later than 3/18/05. Signed by Judge Patty Shwartz on 1/13/05. (dc, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

26

NOTICE of Appearance by JUDITH A. O'BOYLE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (jd, ) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

27

Substitution of Attorney (SORGER, JILL) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 2/1/2005. (aa, ) (Entered: 02/02/2005)

Feb. 1, 2005

Feb. 1, 2005

28

ORDER granting the request for leave to file a motion regarding applicability of NJLAD; setting briefing schedule for dispositive motion and denying request regarding the notice of argument.. Signed by Judge Patty Shwartz on 02/01/05. (nr, ) (Entered: 02/03/2005)

Feb. 2, 2005

Feb. 2, 2005

29

ORDER re: substitution of attorney and entry of appearances on behalf of defts Clifford B. Finkle, Jr., Inc. and Douglas Dowling . Signed by Judge Patty Shwartz on 2/22/05. (jd, ) (Entered: 02/23/2005)

Feb. 22, 2005

Feb. 22, 2005

Minute Entry for proceedings held before Judge Patty Shwartz : Final Pretrial Conference held on 4/4/2005. (Tape #S05-4.) (aa, ) (Entered: 04/08/2005)

April 4, 2005

April 4, 2005

31

TRIAL MANAGEMENT ORDER: Jury Selection set for 4/26/2005 10:00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Trial date to be set. Pretrial submissions due within 30 days of 4/4/2005 final pretrial order. Signed by Judge Faith S. Hochberg on 4/14/2005. (lm-sl, ) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

32

Letter from JILL TOBIA SORGER. (lm-sl, ) (Entered: 04/20/2005)

April 15, 2005

April 15, 2005

33

ORDER adjourning jury selection for 4/26/2005; trial briefs, jury instructions, etc. due 5/9/2005; summary judgment motion due 4/29/2005 with opposition due 5/9/2005 and reply due 5/12/2005; parties are directed to be prepared for jury selection and trial on short notice. Signed by Judge Faith S. Hochberg on 4/19/2005. (lm-sl, ) (Entered: 04/20/2005)

April 19, 2005

April 19, 2005

34

ORDER rescheduling Jury Selection and Trial for 5/17/2005 10:00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Pretrial submissions due 5/9/2005, etc. Signed by Judge Faith S. Hochberg on 4/20/2005. (lm, ) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

35

ORDER that, no later than 4/25/05, the parties shall submit pages to serve as amendments to the final pretrial order that identify (a) the deposition testimony or Mr. Trinkel that the defendants intend to read into evidence (b) the counter-designations to Terry Wright's deposition testimony etc.. Signed by Judge Patty Shwartz on 4/22/05. (JB, ) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 4/26/2005. (aa, ) (Entered: 05/02/2005)

April 26, 2005

April 26, 2005

36

ORDER DISMISSING CASE as settled, w/out costs and w/out prejudice. Signed by Judge Faith S. Hochberg on 4/27/05. (jd, ) (Entered: 04/28/2005)

April 27, 2005

April 27, 2005

37

LETTER ORDER Settlement Conference set for 4/27/2005 01:30 PM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005)

April 27, 2005

April 27, 2005

Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 4/27/2005. (aa, ) (Entered: 05/02/2005)

April 27, 2005

April 27, 2005

38

ORDER directing parties to submit a proposed consent decree to the Hon. Faith S. Hochberg no later than 5/11/05. Signed by Judge Patty Shwartz on 4/27/05. (sr, ) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

39

CONSENT ORDER amending stipulation of facts of the Pretrial Order . Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

40

ORDER granting 1-day extension to file consent decree with the Court. Signed by Judge Faith S. Hochberg on 5/11/2005. (lm, ) (Entered: 05/12/2005)

May 11, 2005

May 11, 2005

41

ORDER regarding 40 Order extending (1) one day to file Consent Decree and filing same etc. Case closed. Signed by Judge Faith S. Hochberg on 5/12/05. (cs, ) (Entered: 05/16/2005)

May 16, 2005

May 16, 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. 18, 2003

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

Clifford B. Finkle, Private Entity/Person

Douglas Dowling, Private Entity/Person

Clifford B. Finkle, Jr. Inc. (Indianapolis), Private Entity/Person

Clifford B. Finkle, Jr. Inc, Private Entity/Person

Case Details

Causes of Action:

State law

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: 225000

Order Duration: 2005 - 2007

Content of Injunction:

Reporting

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit