Case: EEOC v. HOME DEPOT U.S.A., INC.

1:05-cv-04486 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 22, 2005

Closed Date: April 22, 2008

Clearinghouse coding complete

Case Summary

The New York office of the EEOC brought this suit against Home Depot U.S.A., Inc. in the U.S. Court for the Eastern District of New York in September 2005. The complaint alleged that the claimant and a class of similarly situated employees were discriminated against because of their national origin and retaliated against in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged that the defendant created a hostile work environment by harassing employe…

The New York office of the EEOC brought this suit against Home Depot U.S.A., Inc. in the U.S. Court for the Eastern District of New York in September 2005. The complaint alleged that the claimant and a class of similarly situated employees were discriminated against because of their national origin and retaliated against in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged that the defendant created a hostile work environment by harassing employees of West Indian origin which adversely affected their status as employees and retaliated against employees of West Indian origin who complained. Home Depot U.S.A., Inc. filed a motion for summary judgment which was denied, but the judge subsequently issued a stay in the suit. After the parties submitted numerous status reports, the EEOC filed a motion to dismiss the case with prejudice on April 3, 2008. The parties reached a settlement in March 2008, and the case was dismissed on April 22, 2008. The contents of the settlement agreement are unknown.

Summary Authors

Kevin Wilemon (5/29/2008)

People


Judge(s)

Pollak, Cheryl L. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Ranis, Michael B. (New York)

Attorneys(s) for Defendant

Burg, Michelle A (New York)

Fink, Shannon (District of Columbia)

Livingston, Donald R. (District of Columbia)

Mirengoff, Paul E. (District of Columbia)

Sulds, Jonathan L (New York)

Judge(s)

Pollak, Cheryl L. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Ranis, Michael B. (New York)

Attorneys(s) for Defendant

Burg, Michelle A (New York)

Fink, Shannon (District of Columbia)

Livingston, Donald R. (District of Columbia)

Mirengoff, Paul E. (District of Columbia)

Sulds, Jonathan L (New York)

Documents in the Clearinghouse

Document

1:05-cv-04486

Docket [PACER]

U.S. Equal Employment Opportunity Commission v. Home Depot U.S.A., Inc.

April 23, 2008

April 23, 2008

Docket
1-1

1:05-cv-04486

Complaint

EEOC v. Home Depot U.S.A., Inc.

Sept. 22, 2005

Sept. 22, 2005

Complaint
39

1:05-cv-04486

Stipulation and Order of Dismissal

EEOC v. Home Depot U.S.A., Inc.

April 3, 2007

April 3, 2007

Settlement Agreement
32

1:05-cv-04486

Memorandum and Order

EEOC v. Home Depot U.S.A., Inc.

July 20, 2007

July 20, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Home Depot U.S.A., Inc., filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

Summons Issued as to Home Depot U.S.A., Inc.. (Bowens, Priscilla) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

2

ANSWER to Complaint by Home Depot U.S.A., Inc.. (Attachments: # 1 Affidavit of Service)(Burg, Michelle) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

3

Corporate Disclosure Statement by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

Judge Eric N. Vitaliano added. Judge Nicholas G. Garaufis no longer assigned to case. (Brown, Marc) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

4

SCHEDULING ORDER: An initial conference has been scheduled in the above−captioned case on APRIL 20, 2006 at 9:30 a.m., before the Honorable Cheryl L. Pollak, United States Magistrate Judge, in Room 1230 at 225 Cadman Plaza East, Brooklyn, New York. Ordered by Judge Cheryl L. Pollak on 3/31/06. (Caggiano, Diana) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

5

REPORT of Rule 26(f) Planning Meeting. (Ranis, Michael) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

6

Minute Entry: Initial Conference held before Magistrate Cheryl L. Pollak on 4/20/2006. Defendant to serve limited interrogs by 5/19; response due 6/2. Settlement conference scheduled for 6/15/06 at 9:30 a.m. (Pollak, Cheryl) . (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

7

Notice of MOTION for Leave to Appear Pro Hac Vice for Donald R. Livingston, Esq. Filing fee $ 25, receipt number 1808800. by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

8

Notice of MOTION for Leave to Appear Pro Hac Vice for Paul E. Mirengoff, Esq. Filing fee $ 25, receipt number 1808830. by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

9

Notice of MOTION for Leave to Appear Pro Hac Vice for Shannon Fink, Esq. Filing fee $ 25, receipt number 1808854. by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

10

ORDER granting re 7 Notice of MOTION for Leave to Appear Pro Hac Vice for Donald R. Livingston, Esq. Filing fee $ 25, receipt number 1808800. filed by Home Depot U.S.A., Inc. Ordered by Judge Cheryl L. Pollak on 5/18/06. (Pollak, Cheryl) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

12

ORDER GRANTING re 9 Notice of MOTION for Leave to Appear Pro Hac Vicefor Shannon Fink, Esq. Filing fee $ 25, receipt number 1808854. filed by Home Depot U.S.A., Inc. Ordered by Judge Cheryl L. Pollak on 5/18/06. (Pollak, Cheryl) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

13

MINUTE ENTRY for Status Conference proceeding held before MJ Cheryl L. Pollak on 6/15/2006. Pursuant to court's request, EEOC produced information to defendant in effort to conciliate/settle. Defendant to send letter requesting pre−motion conference by June 23; response in any June 30. (Caggiano, Diana) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

14

Letter to Judge Eric N. Vitaliano from Paul E. Mirengoff dated 6/23/06 requesting a pre−motion conference in order to seek leave to move for partial summary judgment, or in the alternative a stay of proceedings by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

15

Letter in Response to Def. Request to Move for Summary Judgment by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Ranis, Michael) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

SCHEDULING ORDER:Pre Motion Hearing for Summary Judgement Motion set for 8/3/2006 10:00 AM in Courtroom 1 before Judge Eric N. Vitaliano. Ordered by Judge Eric N. Vitaliano on 7/19/2006. (Villanueva, William) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

16

Letter to Judge Vitaliano dated July 24th 2006 from Michelle A. Burg requesting a pre−motion conference in order to seek leave to move for partial summary judgment, or in the alternative to stay proceedings by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

17

Letter to Judge Vitaliano from Michelle Burg dated 7/25/06 requesting that the Pre−Motion Hearing scheduled for August 3rd, 2006 be rescheduled by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

NOTICE of Hearing:Pre Motion Hearing set for 8/31/2006 10:30 AM in Courtroom 6 before Judge Eric N. Vitaliano. (Villanueva, William) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

NOTICE of Hearing: The conference for 8/24/2006 has been rescheduled.Pre Motion Hearing set for 8/25/2006 11:30 AM in Courtroom 6 before Judge Eric N. Vitaliano. (Villanueva, William) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

NOTICE of Hearing: Pre Motion Hearing set for 8/31/2006 10:30 AM in Courtroom 6 before Judge Eric N. Vitaliano. Due to a clerical error, two pre−motion conferences were scheduled. Please do not appear for the 8/25/2006 conference.(Villanueva, William) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

Pre−Motion Conference held on August 31, 2006 at 10:30a.m. before Judge Eric N. Vitaliano. Michael B. Ranis appeared for the EEOC; Paul E. Mirengoff appeared for Home Depot U.S.A., Inc. The parties discussed their efforts to date at conciliation as well as the proposed motion for partial summary judgment. The parties were instructed to continue attempts at settlement of damages. The parties were also ordered to file a joint letter via ECF by September 15, 2006 advising of their settlement course and proposing a briefing schedule for whatever remains of the legal issues in conflict. (Villanueva, William) (Entered: 09/12/2006)

Aug. 31, 2006

Aug. 31, 2006

18

Letter to The Honorable Eric N. Vitaliano from Paul E. Mirengoff dated September 15, 2006 by Home Depot U.S.A., Inc.. (Burg, Michelle) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

19

Docket Text: SCHEDULING ORDER:for summary judgment motion, Motion 10/12/06; Opposition 11/7/06; Reply 11/17/06. On ltr. dtd. 9/15/06 from Paul E. Mirengoff.. Ordered by Judge Eric N. Vitaliano on 9/20/06. (Jackson, Ramona) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

ORDER granting 7 Motion for Leave to Appear, granting 8 Motion for Leave to Appear, granting 9 Motion for Leave to Appear By Mag. Pollak (see documents # 10,11,12) Terminate motions. (Jackson, Ramona) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

20

NOTICE of Appearance by Michael B. Ranis on behalf of U.S. Equal Employment Opportunity Commission (E.E.O.C.) (Ranis, Michael) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

21

STIPULATION and Order on Schedule by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Text of Proposed Order and Stipulation)(Ranis, Michael) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

22

ORDER STIP>.Opposition to motion for summary judgment to 11/14/06; Reply Nov. 29,2006.. Ordered by Judge Eric N. Vitaliano on 11/7/06. (Jackson, Ramona) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

23

RESPONSE in Opposition re 9 Notice of MOTION for Leave to Appear Pro Hac Vice for Shannon Fink, Esq. Filing fee $ 25, receipt number 1808854. Opposition to Undocketed Def. Motion for Sum.Judgm, not Pro Hac Vice filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Ranis, Michael) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

24

REPLY to Response to Motion re 7 Notice of MOTION for Leave to Appear Pro Hac Vice for Donald R. Livingston, Esq. Filing fee $ 25, receipt number 1808800. Att. Cover Letter and Disputed Facts to Def. Summ. Judgment Motion filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1)(Ranis, Michael) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

25

CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission (E.E.O.C.) re 24 Reply to Response to Motion,, 23 Response in Opposition to Motion, and Disputed Facts and Decl. (Ranis, Michael) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

26

Notice of MOTION for Partial Summary Judgment by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibits A−S# 2 Certificate of Service)(Burg, Michelle) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

27

RESPONSE in Support re 26 Notice of MOTION for Partial Summary Judgment Memorandum in Support of Defendant's Motion for Partial Summary Judgment or, in the Alternative, a Stay of Proceedings filed by Home Depot U.S.A., Inc.. (Attachments: # 1 Certificate of Service)(Burg, Michelle) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

28

REPLY to Response to Motion re 26 Notice of MOTION for Partial Summary Judgment Reply Memorandum in Support of Defendant's Motion for Partial Summary Judgment or, in the Alternative, a Stay of Proceedings filed by Home Depot U.S.A., Inc.. (Attachments: # 1 Certificate of Service)(Burg, Michelle) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

29

AFFIDAVIT in Support re 26 Notice of MOTION for Partial Summary Judgment Declaration of Terrence Bryant filed by Home Depot U.S.A., Inc.. (Attachments: # 1 Certificate of Service)(Burg, Michelle) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

30

Letter Regarding Notice of Appearance of Jonathan L. Sulds by Home Depot U.S.A., Inc.. (Sulds, Jonathan) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

31

NOTICE of Appearance by Jonathan L. Sulds on behalf of Home Depot U.S.A., Inc. (Sulds, Jonathan) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

32

MEMORANDUM AND ORDER denying the 26 Motion for Partial Summary Judgment. The case shall be stayed for a period of 60 days from the date of this Memorandum and Order to facilitate the required further good faith efforts by the parties to conciliate the class claims. Home Depot's motion is otherwise denied. Ordered by Judge Eric N. Vitaliano, on 7/19/2007. Copies mailed. (Barrett, C) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

STATUS REPORT ORDER: The parties shall advise the Court by joint letter of the status of the conciliation. Ordered by Judge Eric N. Vitaliano on 10/30/2007. (Fink, Julie) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

33

STATUS REPORT OF CONCILIATION by U.S. Equal Employment Opportunity Commission (E.E.O.C.), Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

34

STATUS REPORT On Conciliation by U.S. Equal Employment Opportunity Commission (E.E.O.C.), Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 11/14/2007)

Nov. 14, 2007

Nov. 14, 2007

35

STATUS REPORT ON CONCILIATION by U.S. Equal Employment Opportunity Commission (E.E.O.C.), Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

36

STATUS REPORT On Conciliation by U.S. Equal Employment Opportunity Commission (E.E.O.C.), Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

37

STATUS REPORT on Conciliation by U.S. Equal Employment Opportunity Commission (E.E.O.C.), Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

38

STATUS REPORT on Conciliation by Home Depot U.S.A., Inc. (Mirengoff, Paul) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

39

STIPULATION of Dismissal With Prejudice by U.S. Equal Employment Opportunity Commission (E.E.O.C.) (Ranis, Michael) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

40

ORDER DISMISSING CASE: The Court having been advised that this action has been settled, Therefore, this action is discontinued without cost and with prejudice, except as to the right to reopen action if the settlement is not consummated. Ordered by Judge Eric N. Vitaliano on 4/22/2008. (Lagana, Michael) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 22, 2005

Closing Date: April 22, 2008

Case Ongoing: No reason to think so

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

Home Depot U.S.A., Inc. (Brooklyn, New York), Private Entity/Person

Case Details

Causes of Action:

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

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:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits