Case: EEOC v. FLYNN CONSTRUCTION, INC.

2:04-cv-00490 | U.S. District Court for the Western District of Pennsylvania

Filed Date: March 30, 2004

Closed Date: Aug. 18, 2004

Clearinghouse coding complete

Case Summary

In March 2004, the Philadelphia (along with the Pittsburgh) office of the EEOC brought this suit against Flynn Construction, Inc. in the U.S. District Court for the Western District of Pennsylvania. After the court denied the defendant's motion to dismiss EEOC's claims of hostile work environment and race discrimination, the case settled by entry of a consent decree in August 2004. No information was made available pertaining to the nature of the suit or the consent decree.

Summary Authors

Kevin Wilemon (7/23/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11756029/parties/equal-employment-v-flynn-construction/


Judge(s)
Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cook, Terrence R. (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

Attorney for Defendant

Lewis, Terrence M. (Pennsylvania)

Mack, Joseph Mack (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:04-cv-00490

Docket (PACER)

Equal Employment Opportunity Commission v. Flynn Construction

Aug. 18, 2004

Aug. 18, 2004

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11756029/equal-employment-v-flynn-construction/

Last updated Nov. 3, 2026, 8:07 p.m.

Docket for: EQUAL EMPLOYMENT v. FLYNN CONSTRUCTION
ECF Number Date Description Link
1 March 30, 2004

COMPLAINT with summons issued; jury demand (tt) (Entered: 03/30/2004)

RECAP
2 April 7, 2004

ORDER, set Answer deadline to 4/20/04 for FLYNN CONSTRUCTION ( signed by Judge Arthur J. Schwab on 4/6/04 ) CM all parties of record. (tt) (Entered: 04/07/2004)

RECAP
3 April 7, 2004

ORDER on Motions Practice ( signed by Judge Arthur J. Schwab on 4/6/04 ) CM all parties of record. (tt) (Entered: 04/07/2004)

RECAP
4 April 7, 2004

ORDER, set Case Management Conference for 8:00 4/27/04 . Proposed Case Management Order / Discovery Plan to be submitted by 4/20/04. ( signed by Judge Arthur J. Schwab on 4/6/04 ) CM all parties of record. (tt) (Entered: 04/07/2004)

RECAP
5 April 13, 2004

MOTION by FLYNN CONSTRUCTION to Extend Time w/in which to respond to complaint and for rescheduling of case management conference, with Proposed Order. (tt) (Entered: 04/13/2004)

RECAP
6 April 14, 2004

ORDER granting in part, denying in part [5-1] motion to Extend Time w/in which to respond to complaint and for rescheduling of case management conference; reset Answer deadline to 12:00 4/26/04 for FLYNN CONSTRUCTION . The case management conference will occur as scheduled on 4/27/04 at 8:00 a.m. ( signed by Judge Arthur J. Schwab on 4/14/04 ) CM all parties of record. (tt) (Entered: 04/15/2004)

RECAP
7 April 26, 2004

MOTION by FLYNN CONSTRUCTION to Dismiss Plaintiff's Claim for Hostile Environment Racial Harassment and Claims for an Award of Backpay and Frontpay with Proposed Order. (Attorney: Joseph Mack III, Richard V. Sica, Terrence M. Lewis) (jsp) (Entered: 04/26/2004)

RECAP
8 April 26, 2004

BRIEF by FLYNN CONSTRUCTION in support of [7-1] motion to Dismiss Plaintiff's Claim for Hostile Environment Racial Harassment and Claims for an Award of Backpay and Frontpay by FLYNN CONSTRUCTION (jsp) (Entered: 04/26/2004)

RECAP
9 April 28, 2004

Status Conference held 4/27/04 before Judge Arthur J. Schwab [ Reporter: none ] (tt) (Entered: 04/28/2004)

RECAP
10 April 28, 2004

CASE MANAGEMENT ORDER that pltf may file an amended complaint by 5/4/04 ; Deft may file an answer or revised motion to dismiss by 5/11/04 ; Discovery cutoff on 7/1/04 ; Pltf's expert reports due 7/5/04 ; Deft's expert reports due 7/19/04 ; Expert depositions to be completed by 7/28/04 ; Motions for Summary Judgment due 8/4/04 ; Responses to Summary Judgment motions due 8/16/04 ; Pretrial Statements for Plaintiffs due 9/2/04 ; Pretrial Statements for Defendants due 9/9/04 ; Parties to file an indication as to whether or not they are willing to proceed to trial before a Mag. Judge by 5/30/04. ( signed by Judge Arthur J. Schwab on 4/27/04 ) CM all parties of record. (tt) (Entered: 04/28/2004)

RECAP
11 April 28, 2004

PRETRIAL ORDER setting Jury Selection and Trial for 9:00 10/4/04 ; Plaintiff's witness list and offers of proof due 9/2/04 ; Defendant's witness list and offers of proof due 9/9/04 ; Designation of excerpts to be offered at trial due 9/16/04 ; Motions in Limine due 9/16/04 ; Responses to Motions in Limine due 9/20/04 ; Proposed Jury Instructions & Verdict Slips due 9/16/04 ; Proposed Voir Dire due 9/16/04 ; Joint Stipulations due 9/16/04 ; Final Pretrial Conference set for 8:00 9/28/04. ( signed by Judge Arthur J. Schwab on 4/27/04 ) CM all parties of record. (tt) (Entered: 04/28/2004)

RECAP
April 28, 2004

CASE DESIGNATED to Track 1. (tt) (Entered: 04/28/2004)

PACER
April 28, 2004

CASE DESIGNATED to Track 1. (tt)

12 May 3, 2004

RETURN OF SERVICE executed as to FLYNN CONSTRUCTION 4/20/04 Answer due on 5/10/04 for FLYNN CONSTRUCTION (tt) (Entered: 05/03/2004)

RECAP
13 May 4, 2004

FIRST AMENDED COMPLAINT by EQUAL EMPLOYMENT (Answer due 5/11/04 for FLYNN CONSTRUCTION ) amending [1-1] complaint ; Jury Trial Demanded (tt) (Entered: 05/04/2004)

RECAP
14 May 11, 2004

MOTION by FLYNN CONSTRUCTION to Dismiss pltf's claim for hostile environment racial harassment pursuant to F.R.Civ.P. 12(b)(6), with Proposed Order. (tt) (Entered: 05/11/2004)

RECAP
15 May 11, 2004

BRIEF by FLYNN CONSTRUCTION in support of [14-1] motion to Dismiss pltf's claim for hostile environment racial harassment pursuant to F.R.Civ.P. 12(b)(6) (tt) (Entered: 05/11/2004)

RECAP
16 May 25, 2004

BRIEF by EQUAL EMPLOYMENT in opposition to deft's [14-1] motion to Dismiss pltf's claim for hostile environment racial harassment (tt) (Entered: 05/25/2004)

RECAP
17 May 27, 2004

MEMORANDUM OPINION regarding deft's [14-1] motion to dismiss pltf's claim for hostile environment racial harassment pursuant to Rule 12(b)(6). ( signed by Judge Arthur J. Schwab on 5/26/04 ) CM all parties of record. (tt) (Entered: 05/27/2004)

RECAP
18 May 27, 2004

ORDER denying deft's [14-1] motion to Dismiss pltf's claim for hostile environment racial harassment pursuant to F.R.Civ.P. 12(b)(6). ( signed by Judge Arthur J. Schwab on 5/26/04 ) CM all parties of record. (tt) (Entered: 05/27/2004)

RECAP
19 June 4, 2004

ANSWER and Affirmative Defenses by FLYNN CONSTRUCTION to pltf's first amended complaint; jury demand (tt) (Entered: 06/07/2004)

RECAP
20 June 10, 2004

ORDER seeting Firm Trial Date. Jury Selection and Trial set for 9:00 10/4/04 . ( signed by Judge Arthur J. Schwab on 6/10/04 ) CM all parties of record. (tt) (Entered: 06/10/2004)

RECAP
21 Aug. 2, 2004

ORDER, reset Preliminary Pretrial Conference for 10:00 9/17/04 ; Final Pretrial Conference set for 8:00 9/23/04 ; reset Jury Selection and Trial for 9:00 9/27/04 . ( signed by Judge J. Schwab on 8/2/04 ) CM all parties of record. (tt) (Entered: 08/03/2004)

RECAP
22 Aug. 12, 2004

CONSENT DECREE by EQUAL EMPLOYMENT, FLYNN CONSTRUCTION with proposed order. (ces) (Entered: 08/13/2004)

RECAP
Aug. 18, 2004

ORDER upon motion granting [22-1] decree consent ( signed by Judge Arthur J. Schwab on 8/18/04 ) CM all parties of record. (ksa) (Entered: 08/19/2004)

PACER
Aug. 18, 2004

Case closed (ksa) (Entered: 08/19/2004)

PACER
Aug. 18, 2004

ORDER upon motion granting [22-1] decree consent ( signed by Judge Arthur J. Schwab on 8/18/04 ) CM all parties of record. (ksa)

Aug. 18, 2004

Case closed (ksa)

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 30, 2004

Closing Date: Aug. 18, 2004

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

Private Entity/Person

Flynn Construction, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Western District of Pennsylvania 2:04-cv-00490

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation