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Case: EEOC v. Outsourcing Solutions, Inc. & Osi Collection Services, Inc.

1:01-cv-07037 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 11, 2001

Closed Date: Nov. 20, 2003

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC district office in Chicago, Illinois brought this action against Outsourcing Solutions, Inc. and OSI Collection Services, Inc. in the U.S. District Court for the Northern District of Illinois. The complaint states the a female former employee intervened in the suit, representing a class of three named individuals, alleging that the defendant violated Title VII of the Civil Rights Act of 1964 when it retaliated against them for participating in Title VII litigation. …

In September 2001, the EEOC district office in Chicago, Illinois brought this action against Outsourcing Solutions, Inc. and OSI Collection Services, Inc. in the U.S. District Court for the Northern District of Illinois. The complaint states the a female former employee intervened in the suit, representing a class of three named individuals, alleging that the defendant violated Title VII of the Civil Rights Act of 1964 when it retaliated against them for participating in Title VII litigation. Specifically, the class alleged that the defendant engaged in a pattern of abuse and intimidation that led to their constructive discharge. After the defense won numerous discovery motions and was partially successful on a motion for summary judgment, the intervenor attempted to remand her intentional infliction of emotional distress claim to state court; the court denied the motion. After ten status hearings in an eight-month period, the parties settled and a consent decree was entered in November 2003. By this time, however, the defendant had filed for Chapter 11 bankruptcy.

In the consent decree, the parties agreed that the defendant would grant the class a total of $150,000 in claims against its bankruptcy estate, post a notice of the consent decree in its Schaumburg facility, provide EEO training, submit semiannual complaint/compliance reports, and allow the EEOC to inspect its records, premises, and interview its employees. No fees or costs were awarded. The terms of the agreement ran for two years.

Summary Authors

Jason Chester (7/18/2007)

Documents in the Clearinghouse

Document

1:01-cv-07037

Docket

Nov. 20, 2003

Nov. 20, 2003

Docket
1

1:01-cv-07037

Complaint

Sept. 14, 2001

Sept. 14, 2001

Complaint
8

1:01-cv-07037

Complaint of Plaintiff-Intervenor

Oct. 25, 2001

Oct. 25, 2001

Complaint
62

1:01-cv-07037

Memorandum Opinion

Oct. 23, 2003

Oct. 23, 2003

Order/Opinion
63

1:01-cv-07037

Consent Decree

Nov. 20, 2003

Nov. 20, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251070/eeoc-v-outsourcing/

Last updated Sept. 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Diane I. Smason, Beth A. Miller, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (ar) (Entered: 09/14/2001)

Sept. 11, 2001

Sept. 11, 2001

RECAP
2

WAIVER of service of summons as to defendants sent on 9/19/01. (cem) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

PACER
3

MOTION by Katrina Malone for leave to intervene as a plaintiff-intervenor (Attachments); Notice (rmm) (Entered: 10/03/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
4

MINUTE ORDER of 10/2/01 by Hon. Charles P. Kocoras : Answer brief to Katrina Malone's motion for leave to intervene as a plaintiff-intervenor [3-1] due 10/16/01. Reply to answer brief due 10/23/01. Status hearing set for 9:30 a.m. on 11/13/01. Defendants are given to 11/13/01 to answer plaintiff's complaint and the complaint of Katrina Malone. Mailed notice (rmm) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

PACER
5

ATTORNEY APPEARANCE for Outsourcing, OSI Collection Svc by David J. Rowland, Beth Tracey Golub (rmm) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

PACER
6

LETTER from defendants' attorney to Clerk Office dated 10/16/01 (rmm) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

PACER
7

MINUTE ORDER of 10/17/01 by Hon. Charles P. Kocoras : Motion by Katrina Malone for leave to intervene as a plaintiff-intervenor is granted [3-1]. Mailed notice (rmm) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

PACER
8

INTERVENOR'S COMPLAINT by intervenor plaintiff Katrina Malone (rmm) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

PACER
10

ANSWER and affirmative defenses by defendants to complaint [1-1] (rmm) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
9

ANSWER and affirmative defenses by defendants to plaintiff-intervenor's complaint [8-1] (rmm) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

PACER
12

MOTION by defendants to compel purported "class member" John Sheehan to attend his deposition or, in the alternative, to dismiss his claims (Attachments); Notice (rmm) (Entered: 01/31/2002)

Jan. 24, 2002

Jan. 24, 2002

PACER
11

RESPONSE by plaintiff EEOC to defendants' motion to compel; Notice (rmm) (Entered: 01/30/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
13

MINUTE ORDER of 1/30/02 by Hon. Charles P. Kocoras: Defendants' motion to compel purported "class member" John Sheehan to attend his deposition is granted [12-1]. So Ordered. Defendants' alternative motion to dismiss his claims [12-2], is moot. Mailed notice (rmm) (Entered: 01/31/2002)

Jan. 30, 2002

Jan. 30, 2002

PACER
15

MOTION by intervenor plaintiff Katrina Malone for time to depose Cahty Kozial and Marla Lumpkins ; Notice (rmm) (Entered: 03/29/2002)

March 25, 2002

March 25, 2002

PACER
16

JOINT MOTION by plaintiff EEOC and intervenor plaintiff Katrina Malone to compel production of documents (Attachments); Notice (rmm) (Entered: 03/29/2002)

March 25, 2002

March 25, 2002

PACER
14

RESPONSE by defendants to plaintiff-intervenor's motion to compel time to depose Cathy Kozial and Marla Lumpkins (Attachments) (rmm) (Entered: 03/28/2002)

March 27, 2002

March 27, 2002

PACER
17

MINUTE ORDER of 3/28/02 by Hon. Charles P. Kocoras : Motion by plaintiff-intervenor for time to depose Cahty Kozial and Marla Lumpkins is granted [15-1]. Said depositions to be taken by telephone, and each is limited to one (1) hour. Plaintiffs' joint motion to compel production of documents [16-1] is denied without prejudice. Counsel are ordered to meet fact-to-fact to resolve all outstanding discovery disputes. Mailed notice (rmm) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

PACER
19

MOTION by defendants for protective order to bar the deposition of defendants' counsel, Beth T. Golub (Attachments); Notice (rmm) (Entered: 04/15/2002)

April 5, 2002

April 5, 2002

PACER
18

JOINT RESPONSE by plaintiffs to defendants' motion for a protective order to bar deposition of Beth Golub (Attachments) (rmm) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

PACER
20

JOINT MOTION plaintiffs to compel testimony or, in the alternative, to bar certain evidence (Attachments); Notice (rmm) (Entered: 04/15/2002)

April 9, 2002

April 9, 2002

PACER
21

MINUTE ORDER of 4/15/02 by Hon. Charles P. Kocoras : Status hearing held. Defendants' motion for protective order to bar the deposition of defendants' counsel, Beth T. Golub [19-1] is granted without prejudice. Plaintiffs' joint motion to compel testimony [20-1] and to bar certain evidence [20-2] is denied. Defendants are given to 5/15/02 to file motion for summary judgment. Answer to said motion due 6/14/02. Reply due 6/28/02. Ruling set for 9:45 at 7/18/02. Mailed notice (rmm) (Entered: 04/15/2002)

April 15, 2002

April 15, 2002

PACER
22

MOTION by defendants for summary judgment on all claims ; Notice (rmm) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

PACER
23

MEMORANDUM by defendant in support of their motion for summary judgment on all plaintiffs' Title VII Claims [22-1] (Attachments) (rmm) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

PACER
24

MEMORANDUM by defendants in support of their motion for summary judgment on Katrina Malone's conspiracy claims [22-1] (Attachments) (rmm) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

PACER
25

STATEMENT of material facts about which there is no genuine issue by defendants (rmm) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

PACER
26

APPENDIX filed by defendants of materials in support of defendants' motion for summary judgment [22-1] (2 vols: 261-1, 26-2). (rmm) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

PACER
27

APPENDIX of materials of plaintiffs' response to defendants' motions for summary judgment by plaintiff (Attachments) (1 vol). (rmm) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

PACER
28

JOINT RESPONSE by plaintiff to defendants' memorandum of law in support of their motion for summary judgment on all plaintiffs' Title VII Claims [23-1] (Attachments) (rmm) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

PACER
29

JOINT RESPONSE by plaintiff to defendants' statement of material facts [25-1] (rmm) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

PACER
30

ADDITIONAL facts justifying the denial of summary judgment by plaintiff and intervenor-plaintiff (rmm) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

PACER
31

RESPONSE by intervenor plaintiff to defendants' motion for summary judgment on Malone's conspiracy claims [22-1] (Attachments) (rmm) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

PACER
32

JOINT MOTION by plaintiffs EEOC and Katrina Malone to amend plaintiffs' joint response to defendants' statement of facts ; Notice (rmm) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
33

UNOPPOSED MOTION by defendants for extension of time to file reply in support of motion for summary judgment ; Notice (rmm) (Entered: 06/28/2002)

June 24, 2002

June 24, 2002

PACER
34

AMENDMENT by plaintiff to plaintiffs' joint response to defendants' statement of facts [29-1] (rmm) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

PACER
35

MINUTE ORDER of 6/27/02 by Hon. Charles P. Kocoras: Plaintiffs' joint motion for leave to amend plaintiffs' joint response to defendants' statement of facts is granted [32-1]. Defendants' unopposed motion for extension of time to 7/8/02 to file reply in support of motion for summary judgment, is granted [33-1]. Mailed notice (rmm) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

PACER
36

REPLY by defendants to plaintiffs' joint response to defendants' statement of material facts about which there is no genuine issue [29-1] (Attachments) (rmm) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

PACER
37

REPLY by defendants to plaintiff EEOC's and plaintiff-intervenor's joint statement of additinal facts justifying the denial of summary judgment [30-1] (rmm) Modified on 07/09/2002 (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

PACER
38

REPLY brief by defendants in support of their motion for summary judgment on all plaintiffs' Title VII Claims [22-1] (rmm) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
39

REPLY brief by defendants in support of their motion for summary judgment on Malone's conspiracy claims [22-1] (Attachments) (rmm) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
40

REPLY by defendants to plaintiffs' joint response to defendants' statement of material facts about which there is no genuine issue [29-1] (Attachments) (rmm) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
41

REPLY APPENDIX by defendants of materials in support of defendants' motion for summary judgment [22-1] (Attachments) (rmm) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
42

REPLY by defendants to plaintiff EEOC's and plaintiff-intervenor's joint statement of additional facts justifying the denial of summary judgment [30-1] (rmm) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

PACER
43

MOTION by plaintiff EEOC and plaintiff-intervenor Katrina Malone to strike 1) defendants' reply to plaintiffs' joint response to defendants' Statement of Material Facts About Which There is No Genuine Issue in its entirety and defendants' Exhibit 33; 2) defendants' reply to Plaintiff EEOC's and Plaintiff-Intervenors' Joint Statement of Additional Facts Justifying the denial of Summary judgment in its entirety or strike the offending portions identified above; and 3) Exhibit 41 of defendants' Reply Appendix of Materials in Support of defendants' Motion for summary judgment ; Notice (rmm) (Entered: 07/18/2002)

July 15, 2002

July 15, 2002

PACER
44

MINUTE ORDER of 7/17/02 by Hon. Charles P. Kocoras: Defendant is given leave to amend its response to Plaintiff and Plaintiff-Intervenor's joint statement of additional facts. Plaintiff and Plaintiff-Intervenor wish to stand on the previous submissions. The Court will rule on all pending motions by mail. Mailed notice (rmm) (Entered: 07/18/2002)

July 17, 2002

July 17, 2002

PACER
45

REVISED REPLY by defendant to plaintiff EEOC's and Plaintiff-Intervenor's joint statement of additional facts justifying the denial of summary judgment [30-1]; Notice (rmm) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
46

MOTION by plaintiff and intervenor plaintiff to file supplemental authority (Attachments); Notice (rmm) (Entered: 09/13/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
47

MINUTE ORDER of 9/12/02 by Hon. Charles P. Kocoras : Plaintiff and Plaintiff-Intervenor's motion to file supplemental authority is granted [46-1]. No notice (rmm) (Entered: 09/13/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
48

MINUTE ORDER of 10/23/02 by Hon. Charles P. Kocoras: Defendants' motion for summary judgment is granted in part and denied in part [22-1]. Defendants' motion for summary judgment on plaintiff's claims of retaliation and constructive discharge is granted in part and denied in part. Plaintiffs may go forward only with their claim that defendants retaliated against Shimanski when they passed her for promotion in February 2000. Defendants' motion for summary judgment as to Intervenor-Plaintiff Malone's Conspiracy claims is granted. All other pending motions are moot [43-1]. Parties are given to 12/13/02 to file a joint final pretrial order. Entered Memorandum Opinion. Mailed notice (rmm) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

RECAP
49

MOTION by intervenor plaintiff Katrina Malone to remand claim for intentional infliction of emotional distress to state court or, in the alternative, to grant plaintiff-intervenor leave to voluntarily dismiss claim, without prejuice ; Notice (rmm) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

PACER
50

JOINT MOTION by plaintiff and defendant for extension of time to file joint final pretrial order ; Notice (rmm) (Entered: 12/12/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
51

MINUTE ORDER of 12/11/02 by Hon. Charles P. Kocoras : Status hearing set for 9:30 1/10/03. Defendants and plaintiff EEOC's joint motion for extension of time to 1/24/03, to file joint final pretrial order is granted [50-1]. Pretrial order deadline 1/24/03. Plaintiff-intervenor's motion to remand claim for intentional infliction of emotional distress to state court [49-1] or, alternatively, to grant plaintiff-intervenor leave to voluntarily dismiss claim, without prejuice [49-2] is denied without prejudice. Mailed notice (rmm) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
52

RENEWED MOTION by plaintiff-intervenor to remand claim for intentional infliction of emotional distress to state court or alternatively, to grant plaintiff-intervenor leave to voluntarily dismiss claim, without prejudice. ; Notice. (gcy) Modified on 10/10/2003 (Entered: 12/27/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
53

MINUTE ORDER of 12/26/02 by Hon. Charles P. Kocoras : Plaintiff-Intervenor's renewed motion to remand claim, or alternatively, for leave to voluntarily dismiss her claim without prejudice [52-1] is entered and continued to 01/10/03 at 9:30 a.m. Mailed notice (gcy) (Entered: 12/27/2002)

Dec. 26, 2002

Dec. 26, 2002

PACER
54

RE-NOTICE by intervenor plaintiff Katrina Malone of motion to remand claim for intentional infliction of emotional distress to state court [52-1], motion to grant plaintiff-intervenor leave to voluntarily dismiss claim, without prejudice [52-2] (rmm) (Entered: 01/13/2003)

Dec. 31, 2002

Dec. 31, 2002

PACER
55

MINUTE ORDER of 1/10/03 by Hon. Charles P. Kocoras : Status hearing held and continued to 9:30 2/12/03. All pending motions [52-1] [52-2] are denied without prejudice. The Court hereby vacates the date for submission of the pretrial order. Mailed notice (rmm) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

PACER
58

UNOPPOSED MOTION by defendant to strike pre-trial order due date ; Notice (rmm) (Entered: 06/19/2003)

May 13, 2003

May 13, 2003

PACER
56

SUGGESTION of Bankruptcy (Attachments). (gcy) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

PACER
57

RESPONSE by plaintiff to defendants' suggestion of bankruptcy [56-1] ; Notice (las) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

PACER
59

MINUTE ORDER of 6/18/03 by Hon. Charles P. Kocoras : Defendants' unopposed motion to strike pre-trial order due date is granted [58-1]. Telephoned notice (rmm) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

PACER
60

MINUTE ORDER of 9/22/03 by Hon. Charles P. Kocoras : Status hearing held. Defendant is given to September 26, 2003 to answer plaintiff-intrevenor's motion to remand claim for intentional infliction of emotional distress to state court [Doc 52-1]. Reply due October 8, 2003. Ruling on motion to remand claim for intentional infliction of emotional distress to state court [52-1] set for October 23, 2003 at 9:30 a.m. Mailed notice (rmm) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

PACER
61

RESPONSE by defendants to Malone's motion to remand or voluntarily dismis her IIED claim (Attachment) (rmm) (Entered: 10/06/2003)

Sept. 26, 2003

Sept. 26, 2003

PACER
62

MINUTE ORDER of 10/23/03 by Hon. Charles P. Kocoras : Status hearing set for 9:30 a.m. on 10/30/03. Ruling held. Malone's motion to remand [52-1] or voluntarily dismiss, without prejudice [52-2] is denied Entered Memorandum Opinion. Mailed notice (rmm) (Entered: 10/24/2003)

Oct. 23, 2003

Oct. 23, 2003

RECAP
63

MINUTE ORDER of 11/20/03 by Hon. Charles P. Kocoras : (Entered Consent Decree (Attachments)). terminating case Mailed notice (rmm) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2001

Closing Date: Nov. 20, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Outsourcing Solutions, Inc. (Schaumburg, Illinois), Private Entity/Person

OSI Collection Services, Inc. (Schaumburg, Illinois), Private Entity/Person

Outsourcing Solutions, Inc. (Schaunburg, Illinois), Private Entity/Person

Case Details

Causes of Action:

State law

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: 150000

Order Duration: 2003 - 2005

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit