Case: EEOC v. PORT ELIZABETH TERMINAL & WAREHOUSE

2:05-cv-04828 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 5, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On October 5, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a customer service representative ("CSR"), filed a lawsuit in the District Court of New Jersey, under Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act ("AEA"), against Port Elizabeth Terminal and Warehouse. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant treated the complainant less favorably than younger, non-black CSRs, eventually resulting in her discharge after she complained about the disparate treatment.

On June 15, 2006, the District Court (Judge William J. Martini) entered a consent decree where the defendant, among other things, agreed to pay the complainant $28,500.

Summary Authors

Perry Miska (4/13/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4308905/parties/equal-employment-opportunity-commission-v-port-elizabeth-terminal/


Judge(s)

Martini, William J. (New Jersey)

Attorneys(s) for Plaintiff

Marino, Stephanie (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Conlan, Michael J. (New Jersey)

Judge(s)

Martini, William J. (New Jersey)

Attorneys(s) for Plaintiff

Marino, Stephanie (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Conlan, Michael J. (New Jersey)

Documents in the Clearinghouse

Document

2:05-cv-04828

Docket

EEOC v. Port Elizabeth Terminal & Warehouse

June 15, 2006

June 15, 2006

Docket
1-1

2:05-cv-04828

Complaint

EEOC v. Port Elizabeth Terminal & Warehouse

Oct. 5, 2005

Oct. 5, 2005

Complaint
10

2:05-cv-04828

Order of Dismissal

EEOC v. Port Elizabeth Terminal & Warehouse

May 4, 2006

May 4, 2006

Order/Opinion
11

2:05-cv-04828

Consent Decree

EEOC v. Port Elizabeth Terminal & Warehouse

June 15, 2006

June 15, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4308905/equal-employment-opportunity-commission-v-port-elizabeth-terminal/

Last updated July 23, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
4

STIPULATION AND ORDER extending deft's time to answer an additional 30 days to 1/10/06. Signed by Judge Ronald J. Hedges on 12/13/05. (nr, ) (Entered: 12/15/2005)

Feb. 13, 2005

Feb. 13, 2005

PACER
1

COMPLAINT against PORT ELIZABETH TERMINAL & WAREHOUSE JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(dr, ) Additional attachment(s) added on 10/11/2005 (dr, ). Additional attachment(s) added on 10/11/2005 (dr, ). (Entered: 10/07/2005)

1 COMPLAINT

View on RECAP

Oct. 5, 2005

Oct. 5, 2005

PACER

Summons Issued as to PORT ELIZABETH TERMINAL & WAREHOUSE.Days Due - 20. mailed to counsel(dr, )

Oct. 7, 2005

Oct. 7, 2005

PACER
3

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. PORT ELIZABETH TERMINAL & WAREHOUSE served on 11/21/2005, answer due 12/12/2005. (nr, ) (Entered: 12/09/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
2

STIPULATION for Extension of Time for Defendant to Answer Plaintiff's Complaint by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(MARINO, STEPHANIE) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
5

ANSWER to Complaint by PORT ELIZABETH TERMINAL & WAREHOUSE.(CONLAN, MICHAEL) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
6

STATEMENT by PORT ELIZABETH TERMINAL & WAREHOUSE. (CONLAN, MICHAEL) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
7

MOTION for Leave to Appear Pro Hac Vice by PORT ELIZABETH TERMINAL & WAREHOUSE. (Attachments: # 1 Declaration of Michael Conlan# 2 Declaration of Donald Vogel# 3 Declaration of Sara Pettinger# 4 Text of Proposed Order Admitting Counsel Pro Hac Vice)(CONLAN, MICHAEL) (Entered: 01/19/2006)

1 Declaration of Michael Conlan

View on PACER

2 Declaration of Donald Vogel

View on PACER

3 Declaration of Sara Pettinger

View on PACER

4 Text of Proposed Order Admitting Counsel Pro Hac Vice

View on PACER

Jan. 19, 2006

Jan. 19, 2006

PACER

Set Deadlines as to 7 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 2/14/2006 10:00 AM before Judge William J. Martini. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT)

Jan. 19, 2006

Jan. 19, 2006

PACER
8

ORDER Initial Conference set for 4/17/2006 10:30 AM in Newark - Courtroom 2C before Magistrate Judge Ronald J. Hedges.. Signed by Judge Ronald J. Hedges on 2/3/06. (nm, ) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
9

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to Donald J. Vogel and Sara L. Pettinger. Signed by Judge Ronald J. Hedges on 2/6/06. (jd, ) (Entered: 02/07/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER

Minute Entry for proceedings held before Judge Ronald J. Hedges : Settlement Conference held on 4/28/2006. (nm, )

April 28, 2006

April 28, 2006

PACER
10

ORDER DISMISSING CASE- reported settled. Signed by Judge William J. Martini on 5/4/06. (gh, ) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
11

CONSENT DECREE . Signed by Judge William J. Martini on 6/15/06. (gh, ) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 5, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a customer service representative who was allegedly discriminated against based on her age and race.

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

PORT ELIZABETH TERMINAL & WAREHOUSE, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

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: 28,500

Order Duration: 2006 - 2008

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Age discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits