Case: EEOC v. Dan Lepore & Sons Co. and L.F. Driscoll Co.

2:03-cv-05462 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 20, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On September 20, 2003, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female stone mason (plaintiff-intervenor), filed a lawsuit in the Eastern District Court of Pennsylvania, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Dan Lepore & Sons Co. and L.F. Driscoll Co. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defend…

On September 20, 2003, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female stone mason (plaintiff-intervenor), filed a lawsuit in the Eastern District Court of Pennsylvania, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Dan Lepore & Sons Co. and L.F. Driscoll Co. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant subjected the plaintiff-intervenor to a sexually hostile work environment and retaliated against her after she complained about sexual harassment.

On February 9, 2004, the plaintiff-intervenor filed a complaint. On February 25, 2005, the District Court (Judge Legrome D. Davis) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $75,000, reinstate her in one of the projects she was working on, and guarantee her at least one year's work as a stone mason.

Summary Authors

Perry Miska (4/13/2014)

People


Judge(s)

Davis, Legrome D. (Pennsylvania)

Attorneys(s) for Plaintiff

Locke, Cynthia A. (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Haller, Anthony B (Pennsylvania)

Keffer, Michael D. (Pennsylvania)

Meyers, John P. (Pennsylvania)

Style, Robert P. (Pennsylvania)

White, David F. (Pennsylvania)

Other Attorney(s)

Active

Judge(s)

Davis, Legrome D. (Pennsylvania)

Attorneys(s) for Plaintiff

Locke, Cynthia A. (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Haller, Anthony B (Pennsylvania)

Keffer, Michael D. (Pennsylvania)

Meyers, John P. (Pennsylvania)

Style, Robert P. (Pennsylvania)

White, David F. (Pennsylvania)

Other Attorney(s)

Alberts, Anita F. (Pennsylvania)

Documents in the Clearinghouse

Document

2:03-cv-05462

Docket

Feb. 24, 2005

Feb. 24, 2005

Docket
1

2:03-cv-05462

Complaint

EEOC v Dan Lepore and Sons

Sept. 30, 2003

Sept. 30, 2003

Complaint
24

2:03-cv-05462

Order granting motion to intervene

Jan. 29, 2004

Jan. 29, 2004

Order/Opinion
34

2:03-cv-05462

Order denying the defendant's motion for reconisderation

March 15, 2004

March 15, 2004

Order/Opinion

2:03-cv-05462

Press Release

No Court

Feb. 24, 2005

Feb. 24, 2005

Press Release

Docket

Last updated Sept. 3, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DAN LEPORE &SONS COMPANY, L.F. DRISCOLL COMPANY , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) Additional attachment(s) added on 11/25/2003 (mbh, ). (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

Two Original Summons Issued as to DAN LEPORE &SONS COMPANY, L.F. DRISCOLL COMPANY.Given To: Counsel on 9/30/03 (ti, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

2

MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY BETH ANNE BURROUGHS PURSUANT TO F.R.C.P. 24(a),CERTIFICATE OF SERVICE. (COMPLAINT OF INTERVENOR BETH ANNE BURROUGHS ATTACHED)(ar, ) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

3

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Gregory A. Strack served Summons and Complaint upon Ky siv, receptionist on behalf of DAN LEPORE &SONS COMPANY by personal service. DAN LEPORE &SONS COMPANY served on 10/21/2003, answer due 11/10/2003. (cdd, ) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

4

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Gregory A. Strack served Summons and Complaint upon Mary Jo Gildorf, Manager of Legal Services on behalf of L.F. DRISCOLL COMPANY by personal service. L.F. DRISCOLL COMPANY served on 10/21/2003, answer due 11/10/2003. (cdd, ) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

5

STIPULATION AND ORDER THAT DEFENDANT L.F. DRISCOLL COMPANY SHALL HAVE UP TO AND INCLUDING 11/19/03 TO PLEAD OR OTHERWISE RESPOND TO THE "MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY BETH ANN BURROUGHS" IN THIS MATTER.SIGNED BY JUDGE LEGROME D. DAVIS ON 11/5/03. 11/6/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

6

AMENDED MOTION FILED BY BETH ANNE BURROUGHS TO INTERVENE AS PARTY PLAINTIFF, CERTIFICATE OF SERVICE. (signed Amended Complaint of Intervenor attached)(cdd, ) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

7

Stipulation Extending Time to Answer the complaint. DAN LEPORE &SONS COMPANY answer due 11/24/2003, with Clerk's approval. (cdd, ) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

8

ANSWER by L.F. DRISCOLL COMPANY to Complaint with Jury Demand, Certificate of Service.(cdd, ) (Entered: 11/12/2003)

Nov. 10, 2003

Nov. 10, 2003

Issue Joined. (cdd, ) (Entered: 11/12/2003)

Nov. 10, 2003

Nov. 10, 2003

10

Entry of Appearance by ANTHONY B. HALLER on behalf of L.F. DRISCOLL COMPANY with Jury Demand. (cdd, ) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

11

CERTIFICATE OF SERVICE by L.F. DRISCOLL COMPANY for re 9 Praecipe/Request, 10 Notice of Appearance. (cdd, ) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

12

Withdrawal of Entry of Appearance by ANTHONY B. HALLER on behalf of DAN LEPORE &SONS COMPANY, Certificate of Service. (cdd, ) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

13

Entry of Appearance by DAVID F. WHITE on behalf of DAN LEPORE &SONS COMPANY with Jury Demand. (cdd, ) Additional attachment(s) added on 11/17/2003 (ar, ). (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

14

STIPULATION to Extend Time to Respond or Otherwise Plead to Amended Motion to Intervene by DAN LEPORE &SONS COMPANY. (MEYERS, JOHN) Modified on 11/20/2003 (fh) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

15

STIPULATION AND ORDER THAT DEFENDANT L.F. DRISCOLL COMPANY SHALL HAVE UP TO AND INCLUDING 12/5/03 TO PLEAD OR OTHERWISE RESPOND TO THE AMENDED MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY BETH ANNE BURROUGHS IN THIS MATTER.SIGNED BY JUDGE LEGROME D. DAVIS ON 11/20/03. 11/21/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

16

Answer to Complaint with Jury Demand and Affirmative Defenses by DEFENDANT DAN LEPORE &SONS COMPANY. (MEYERS, JOHN) Modified on 11/24/2003 (fh) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

17

Disclosure Statement by DEFENDANT DAN LEPORE &SONS COMPANY. (MEYERS, JOHN) Modified on 11/24/2003 (fh) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

18

STIPULATION AND ORDER THAT DEFENDANT DAN LEPORE &SONS COMPANY SHALL HAVE UP TO AND INCLUDING 12/22/03 TO PLEAD OR OTHERWISE RESPOND TO THE AMENDED MOTION TO INTERVENE AS PARTY PLAINTIFF OF BETH ANN BURROUGHS.SIGNED BY JUDGE LEGROME D. DAVIS ON 11/21/03. 11/24/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

19

Motion filed by L.F. DRISCOLL COMPANY in Opposition to Plaintiff's Amended Motion to Intervene, Certificate of Service. (cdd, ) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

20

MOTION FILED BY L.F. DRISCOLL COMPANY TO SUPPLEMENT ITS OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO INTERVENE, MEMORANDUM, CERTIFICATE OF SERVICE.(cdd, ) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

21

RESPONSE in Opposition re 6 MOTION to Intervene filed by DAN LEPORE &SONS COMPANY, Certificate of Service.(MEYERS, JOHN) Modified on 12/24/2003 (md). (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

22

Reply filed by BETH ANNE BURROUGHS to Defendant Driscoll's Motion Opposing Intervention of Beth A. Burroughs, Certificate of Service. (Attachments: # 1 Certificate of Service)(cdd, ) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

23

Reply filed by BETH ANNE BURROUGHS to Defendant Lepore's Motion Opposing Intervention of Beth A. Burroughs, Certificate of Service.. (Attachments: # 1 Certificate of Service)(cdd, ) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

24

MEMORANDUM AND ORDER THAT BETH ANNE BURROUGHS AMENDED MOTION TO INTERVENE AS PARTY PLAINTIFF IS GRANTED IN PART AND DENIED IN PART. BURROUGHS' AMENDED MOTION TO INTERVENE TO RAISE THE ANTITRUST CLAIMS ALLEGED IN COUNT I IS DENIED. BURROUGHS' AMENDED MOTION TO INTERVENE TO RAISE THE PHRA CLAIMS ASSERTED IN COUTN II IS GRANTED. BURROUGHS' AMENDED MOTION TO INTERVENE TO RAISE THE PERA VIOLATIONS ALLEGED IN COUNT III IS DENIED. BURROUGHS' MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY BETH ANNE BURROUGHS PURSUANT TO F.R.C.P. 24(a) IS DENIED AS MOOT. BURROUGHS IS DIRECTED TO FILE AN AMENDED COMPLAITN IN CONFORMITY WITH THIS ORDER ON OR BEFORE 2/16/04.SIGNED BY JUDGE LEGROME D. DAVIS ON 1/28/04. 1/30/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 01/30/2004)

Jan. 29, 2004

Jan. 29, 2004

25

Entry of Appearance by ANTHONY B. HALLER on behalf of L.F. DRISCOLL COMPANY with Certificate of Service. (cdd, ) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

26

Intervenor COMPLAINT filed by BETH ANNE BURROUGHS, Certificate of Service. (Attachments: # 1 Certificate of Service)(cdd, ) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

27

MOTION FOR RECONSIDERATION BY BETH ANNE BURROUGHS.MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 COS)(stb, ) (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

28

ORDER THAT L.F. DRISCOLL'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO INTERVENE IS GRANTED; ETC.. SIGNED BY JUDGE LEGROME D.DAVIS ON 2/13/04. 2/17/04 ENTERED AND COPIES MAILED.(jl, ) Modified on 2/19/2004 (cdd, ). (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

29

Brief in Response to 27 MOTION for Reconsideration with Certificate of Service filed by DEFENDANT L.F. DRISCOLL COMPANY. (Attachments: # 1 Exhibit A# 2 Exhibit B)(KEFFER, MICHAEL) Modified on 2/25/2004 (fh) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

30

ANSWER to Intervenor Complaint with Affirmative Defenses, Certificate of Service by DEFENDANT L.F. DRISCOLL COMPANY.(KEFFER, MICHAEL) Modified on 3/3/2004 (fh) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

31

NOTICE OF HEARING: RULE 16 PRETRIAL CONFERENCE SET FOR TUESDAY 3/16/2004 02:00 PM IN JUDGE'S CHAMBERS ROOM 5918 BEFORE HONORABLE LEGROME D. DAVIS. (cls, ) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

32

REPLY to Defendant DRISCOLL'S Brief Opposing MOTION for Reconsideration filed by BETH ANNE BURROUGHS, Certificate of Service. (Attachments: # 1 Certificate of Service)(mar, ) . (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

33

AMENDED NOTICE OF HEARING: RULE 16 CONFERENCE SET FOR THURSDAY 3/25/2004 04:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE LEGROME D. DAVIS. (cls, ) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

34

MEMORANDUM ORDER THAT BURROUGHS' MOTION FOR RECONSIDERATION IS DENIED.SIGNED BY JUDGE LEGROME D. DAVIS ON 3/15/04. 3/16/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 03/16/2004)

March 15, 2004

March 15, 2004

35

AMENDED NOTICE OF HEARING: RULE 16 CONFERENCE SET FOR THURSDAY 3/25/2004 04:45 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE LEGROME D. DAVIS. (cls, ) (Entered: 03/22/2004)

March 22, 2004

March 22, 2004

36

NOTICE of Withdrawal of Appearance by ROBERT P. STYLE on behalf of DAN LEPORE &SONS COMPANY. (cdd, ) (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

37

Entry of Appearance by MICHAEL D. KEFFER on behalf of DAN LEPORE &SONS COMPANY, DAN LEPORE &SONS COMPANY, INC. and Withdrawal of Appearance by DAVID WHITE for DAN LEPORE &SONS COMPANY, DAN LEPORE &SONS COMPANY, INC. with Certificate of Service (Attachments: # 1 Exhibit) (KEFFER, MICHAEL) Modified on 3/31/2004 (np). (Entered: 03/30/2004)

March 30, 2004

March 30, 2004

38

ANSWER to Intervenor Complaint with Certificate of Service by DAN LEPORE &SONS COMPANY, INC..(KEFFER, MICHAEL) (Entered: 03/30/2004)

March 30, 2004

March 30, 2004

40

ORDER THAT THE CLERK SHALL REFER THIS MATTER TO THE HON. DIANE M. WELSH, U.S. MAGISTRATE JUDGE, FOR A SETTLEMENT CONFERENCE. TH EDATE AND TIME OF THE SETTLEMENT CONFERENCE SHALL BE SET BY JUDGE WELSH.SIGNED BY JUDGE LEGROME D. DAVIS ON 8/13/04. 8/17/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 08/17/2004)

Aug. 16, 2004

Aug. 16, 2004

41

AMENDED SCHEDULING ORDER: DISCOVERY DUE BY 1/12/2005. MOTIONS DUE BY 1/19/2005. RESPONSES THERETO DUE 2/9/05. SIGNED BY JUDGE LEGROME D. DAVIS ON 9/20/04. 9/21/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 09/21/2004)

Sept. 20, 2004

Sept. 20, 2004

42

Minute Entry for Settlement Conference held on 10/15/04 before Judge DIANE M. WELSH. (cdd, ) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

43

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE LEGROME D. DAVIS ON 12/29/04. 12/29/04 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(cls, ) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

44

CONSENT DECREE; THIS CASE IS DISMISSED WITH PREJUDICE, SUBJECT TO COURT'S JURISDICTION TO ENFORCE THE PROVISIONS OF THIS CONSENT DECREE; DEFENDANTS SHALL BEAR THEIR OWN COSTS AND ATTORNEY FEES.. SIGNED BY JUDGE LEGROME D. DAVIS ON 2/23/05. 2/24/05 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of female stone mason alleging sexually hostile work environment and retaliation.

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

Dan Lepore & Sons company, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

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: 75,000

Order Duration: 2005 - 2008

Content of Injunction:

Reinstatement

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Private Party intervened in EEOC suit