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

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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)

Documents in the Clearinghouse

Document

2:04-cv-00490

Docket (PACER)

Equal Employment Opportunity Commission v. Flynn Construction

Aug. 18, 2004

Aug. 18, 2004

Docket

Resources

Docket

Last updated July 23, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

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

March 30, 2004

March 30, 2004

2

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)

April 7, 2004

April 7, 2004

4

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)

April 7, 2004

April 7, 2004

5

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)

April 13, 2004

April 13, 2004

6

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)

April 14, 2004

April 14, 2004

7

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)

April 26, 2004

April 26, 2004

8

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)

April 26, 2004

April 26, 2004

9

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

April 28, 2004

April 28, 2004

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

April 28, 2004

April 28, 2004

10

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)

April 28, 2004

April 28, 2004

11

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)

April 28, 2004

April 28, 2004

13

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)

May 4, 2004

May 4, 2004

14

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)

May 11, 2004

May 11, 2004

15

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)

May 11, 2004

May 11, 2004

16

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)

May 25, 2004

May 25, 2004

17

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)

May 27, 2004

May 27, 2004

18

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)

May 27, 2004

May 27, 2004

19

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

June 4, 2004

June 4, 2004

20

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)

June 10, 2004

June 10, 2004

21

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)

Aug. 2, 2004

Aug. 2, 2004

22

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

Aug. 12, 2004

Aug. 12, 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)

Aug. 18, 2004

Aug. 18, 2004

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

Aug. 18, 2004

Aug. 18, 2004

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

Flynn Construction, Inc. , Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits