Case: EEOC v. Cognis Chemical Company

1:03-cv-00677 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 1, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In October 2003, the EEOC district office in Cleveland, Ohio brought this suit against the Cognis Corporation and an individual supervisor in the U.S. District Court for the Southern District of Ohio. A Black male former employee intervened in the case. The complaints alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they issued negative references to the intervenor's prospective employers in retaliation for previously settling a claim of racial discrimination against the defendants. After cursory discovery and while two defense motions for dismissal were pending, the parties settled and the case was dismissed in November 2004 pending settlement consumation. No settlement documentation is available.

Summary Authors

Joel Pettit (7/24/2007)

Documents in the Clearinghouse

Document

1:03-cv-00677

Docket (PACER)

Equal Employment Opportunity Commission v. Cognis Corporation

Nov. 18, 2004

Nov. 18, 2004

Docket
1

1:03-cv-00677

Complaint

Equal Employment Opportunity Commission v. Cognis Corporation

Oct. 1, 2003

Oct. 1, 2003

Complaint
8

1:03-cv-00677

Intervenor Complaint with Jury Trial

Eric Payne v. Cognis Corporation and George E. Cerniglia

Nov. 24, 2003

Nov. 24, 2003

Complaint
19

1:03-cv-00677

Amended Intervener Complaint with Jury Trial

Eric Payne v. Cognis Corporation and George E. Cerniglia

Feb. 12, 2004

Feb. 12, 2004

Complaint
41

1:03-cv-00677

Order [dismissal]

Equal Employment Opportunity Commission v. Cognis Corporation

Nov. 18, 2004

Nov. 18, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Cognis Corporation, filed by Plaintiffs Equal Employment Opportunity Commission.(Attachments: # 1 Civil Cover Sheet)(kej, ) signature page(s) added on 10/6/2003 (wam, ). Modified on 10/6/2003 (wam, ). (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

2

NOTICE of Placement in CM/ECF Docketing System. (art, ) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

3

MOTION to Intervene Eric Payne, Intervenor . (Tamarkin, Ivan) Additional attachment(s) added on 10/16/2003 (km, ). (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

4

NOTICE by Intervenor Eric Payne of Filing Corrected Certificate of Service re 3 MOTION to Intervene Eric Payne, Intervenor (Tamarkin, Ivan) Modified on 10/16/2003 (km, ). (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

5

NOTICE by Intervenor Eric Payne re 3 MOTION to Intervene Eric Payne, Intervenor Notice of Filing of Proposed Intervener Complaint in Support of Motion to Intervene (Attachments: # 1 Proposed Intervener Complaint in Support of Motion to Intervene)(Tamarkin, Ivan) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

6

NOTICE of Appearance by David A Skidmore Jr Defendant Cognis Corporation (Skidmore, David) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

NOTATION ORDER granting 3 Motion to Intervene by Intervenor Eric Payne. Signed by Judge S Arthur Spiegel on 11/20/2003. (km, ) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

7

MOTION for Extension of Time to File Answer by Defendant Cognis Corporation. (Skidmore, David) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

8

Intervenor COMPLAINT WITH JURY TRIAL , filed by Intervenor Eric Payne, Defendant Cognis Corporation.(Tamarkin, Ivan) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

9

ORDER granting 7 Motion for Extension of Time Until 1/20/2004 to Answer Move or Plead. Signed by Judge S Arthur Spiegel on 11/25/2003. (km, ) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

Mail Returned (not deliverable as addressed, unable to forward) as to James Lewis Lee (notation order granting doc.#3). (wam, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

Mail Returned not deliverable as addressed as to James Lewis Lee (doc.#9) (wam, ) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

10

NOTICE of Appearance by David A Skidmore Jr Defendant Cognis Corporation (Skidmore, David) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

11

MOTION for Extension of Time until 1/20/04 to File Answer by Defendant Cognis Corporation. (Skidmore, David) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

12

ORDER granting 11 Motion to Extend Time Until 1/20/2004 in which to Answer Move or Otherwise Plead by defendant George E. Cerniglia. Signed by Judge S Arthur Spiegel on 12/23/2003. (km, ) (Entered: 12/23/2003)

Dec. 23, 2003

Dec. 23, 2003

13

MOTION to Dismiss by Defendant Cognis Corporation. Responses due by 2/13/2004 (Kaake, Andrew) Additional attachment(s) added on 1/21/2004 (wam, ). (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

14

CORPORATE DISCLOSURE STATEMENT by Defendant Cognis Corporation. (Kaake, Andrew) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

15

MOTION for More Definite Statement OF CLAIMS by Defendant Cognis Corporation. Responses due by 2/13/2004 (Kaake, Andrew) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

16

NOTICE by Defendant Cognis Corporation Of Manual Filing (Kaake, Andrew) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

17

NOTICE of Hearing:Preliminary Pretrial Conference set for 3/11/2004 09:30 AM in chambers before S Arthur Spiegel. (km, ) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

Mail Returned as Undeliverable (not deliverable as addressed)as to James Lewis Lee (doc. #17) (wam, ) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

18

NOTICE of Appearance by Ivan Lawrence Tamarkin Intervenor Eric Payne (Tamarkin, Ivan) Additional attachment(s) added on 2/12/2004 (wam, ). (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

19

AMENDED COMPLAINT Amended Intervenor Complaint against all defendants, filed by Intervenor Eric Payne, Defendant Cognis Corporation.(Tamarkin, Ivan) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

20

MOTION to Continue by Plaintiff Equal Employment Opportunity Commission. (Besser, Howard) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

21

MOTION for Extension of Time to File Answer or Otherwise Plead by Defendant Cognis Corporation. (Kaake, Andrew) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

22

RESPONSE to Motion re 20 MOTION to Continue filed by Intervenor Defendant George E Cerniglia, Defendant Cognis Corporation. (Attachments: # 1)(Kaake, Andrew) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

23

ORDER granting 21 Motion for Extension of Time until 3/26/2004 in which to Answer Move or Otherwise Plead to Plaintiff-Intervenor's First Amended Complaint. Signed by Judge S Arthur Spiegel on 3/7/2004. (km, ) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

24

PRELIMINARY PRETRIAL ORDER: Discovery due by 11/1/2004. Dispositive Motions not directed to pleadings due by 12/1/2004. Settlement Conference set for 6/1/2004 10:00 AM. Final Pretrial Conference tentatively set for 2/24/2005 09:00 AM. Three-day Jury Trial tentatively set for 4/12/2005 09:30 AM on an on-deck basis. Signed by Judge S Arthur Spiegel on 3/17/2004. (km, ) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

25

MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia by Defendant Cognis Corporation. Responses due by 4/19/2004 (Kaake, Andrew) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

27

Defendant George Cerniglia's ANSWER to Complaint Plaintiff Eric Payne's First Amended by Defendant Cognis Corporation.(Kaake, Andrew) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

Mail Returned as Undeliverable-not deliverable as addressed (doc.#24)as to James Lewis Lee. (wam, ) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

28

RESPONSE in Opposition re 25 MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia filed by Intervenor Eric Payne. (Tamarkin, Ivan) (Entered: 04/19/2004)

April 19, 2004

April 19, 2004

29

NOTICE of Hearing: Settlement Conference set for 6/1/2004 10:00 AM in chambers before S Arthur Spiegel. (km, ) (Entered: 04/27/2004)

April 27, 2004

April 27, 2004

30

MOTION for Extension of Time to File Response/Reply In Support of Their Motion to Dismiss 25 by Intervenor Defendant George E Cerniglia, Defendant Cognis Corporation. (Skidmore, David) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

31

NOTATION ORDER granting 30 Motion for Extension of Time to File Response/Reply re 25 MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia. Reply now due by 5/5/2004. Signed by Judge S Arthur Spiegel on 5/3/2004.(km, ) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

32

REPLY to Response to Motion re 25 MOTION to Dismiss filed by Defendant Cognis Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Skidmore, David) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

Mail Returned as Undeliverable (not deliverable as addressed-unable to forward)as to Jamie Lewis Lee (doc.#29) (wam, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

33

ORDER granting 20 Motion to Continue or Stay to allow for Discovery on prior conciliation activity occuring in the case. Plaintiff will have until 6/15/2004 to file its response to Defendants pending motion to dismiss 13. Subsequent briefing on this motion will proceed in accordance with the Court's Local Rules. Signed by Judge S Arthur Spiegel on 5/20/2004. (km, ) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

34

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Plaintiff Equal Employment Opportunity Commission. (Besser, Howard) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

35

NOTICE by Plaintiff Equal Employment Opportunity Commission Notice of Manual Filing (Besser, Howard) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

36

MOTION for Extension of Time New date requested 7/28/2004. FOR DEFENDANTS TO FILE THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS CLAIMS 13 by Defendant Cognis Corporation. (Skidmore, David) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

37

NOTATION ORDER granting 36 Stipulated Motion for Extension of Time until 7/28/2004 for defendants to file their Reply In Support of Their Motion to Dismiss 13. Signed by Judge S Arthur Spiegel on 6/29/2004. (km, ) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

38

MOTION for Extension of Time to File Response/Reply New date requested 8/6/2004. In Support of Their Motion to Dismiss Claims 13 by Plaintiff Equal Employment Opportunity Commission by Defendant Cognis Corporation. (Skidmore, David) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

39

ORDER granting 38 Stipulated Motion for Extension of Time to File Reply re 13 MOTION to Dismiss Claims. Replies due by 8/6/2004. Signed by Judge S Arthur Spiegel on 7/25/2004. (km, ) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

40

REPLY to Response to Motion re 13 MOTION to Dismiss the EEOC's Claims for Failure to Conciliate filed by Defendant Cognis Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Kaake, Andrew) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

41

ORDER DISMISSING CASE with prejudice pursuant to settlement by the parties. Any of the parties may, upon good cause shown, within sixty days, reopen the action if settlement is not consummated. The Court retains jurisdiction over the settlement contract for purposes of its enforcement. Signed by Judge S Arthur Spiegel on 11/18/2004. (km, ) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2003

Closing Date: 2004

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

George E. Cerniglia, Private Entity/Person

Cognis Corporation, 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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit