Case: EEOC v. ORIGINAL HOT DOG SHOP, INC.

2:06-cv-01243 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 19, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

In September 2006, the EEOC district office in Philadelphia, Pennsylvania brought this action against Original Hot Dog Shops, Inc., doing business as the Original Hot Dog Shop and Food Gallery Original, Inc. in the U.S. District Court for the Western District of Pennsylvania. The complaint states that four Black male former employees alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they unlawfully discharged the complainants because of their race. After a de…

In September 2006, the EEOC district office in Philadelphia, Pennsylvania brought this action against Original Hot Dog Shops, Inc., doing business as the Original Hot Dog Shop and Food Gallery Original, Inc. in the U.S. District Court for the Western District of Pennsylvania. The complaint states that four Black male former employees alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they unlawfully discharged the complainants because of their race. After a defense motion to dismiss was denied, the parties settled and a consent decree was entered in April 2007.

In the consent decree, the parties agreed that the defendant would pay the aggrieved parties a total of $7,500, post an EEOC notice, make semiannual complaint reports to the EEOC, refrain from retaliating and discriminating on the basis of race, comply with Title VII, not divulge any information concerning this litigation, and provide EEO training to all its supervisors and managers. No fees or costs were awarded. The terms of the decree ran for four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2011.

Summary Authors

Joel Pettit (7/23/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4812361/parties/equal-employment-opportunity-commission-v-original-hot-dog-shops-inc/


Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Documents in the Clearinghouse

Document

Docket

EEOC v. Original Hot Dog Shops, Inc. et al

April 27, 2007 Docket
2

First Amended Complaint

EEOC v. Original Hot Dog Shops, Inc. et al

Sept. 19, 2006 Complaint
1781-11

Complaint

EEOC v. Original Hot Dog Shops, Inc. et al

Sept. 19, 2006 Complaint
13

Report and Reccomendation

EEOC v. Original Hot Dog Shops, Inc. et al

Dec. 19, 2006 Order/Opinion
18

Order

EEOC v. Original Hot Dog Shops, Inc. et al

2007 WL 316389

Jan. 31, 2007 Order/Opinion
32-1

Consent Decree

EEOC v. Original Hot Dog Shops, Inc. et al

April 19, 2007 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4812361/equal-employment-opportunity-commission-v-original-hot-dog-shops-inc/

Last updated May 20, 2022, 12:23 a.m.

ECF Number Description Date Link

Summons Issued as to ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (jv) (Entered: 09/19/2006)

Sept. 19, 2006
13

REPORT AND RECOMMENDATION: recommending that 5 Motion to Dismiss Amended Complaint filed by ORIGINAL HOT DOG SHOPS, INC. and FOOD GALLERY ORIGINAL, INC. be denied. Objections to R&R due by 1/5/2007. Signed by Magistrate Judge Robert C. Mitchell on 12/19/2006. (mlb)

Dec. 19, 2006 RECAP
18

ORDER denying 5 Motion to Dismiss, adopting Report and Recommendations re 13 Report and Recommendations. The defendants' motion to dismiss the amended complaint (Document No. 5 ) is denied without prejudice to defendants' right to raise the issues implicating the requisite elements to be established for plaintiff's Title VII claim based upon a fully developed record. Signed by Judge Joy Flowers Conti on 1/31/07. (smc )

Jan. 31, 2007 RECAP
2

First AMENDED COMPLAINT against all defendants, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(Clickner, M.) (Entered: 09/19/2006)

Sept. 19, 2006
3

ORDER REFERRING CASE to Magistrate Judge Robert C. Mitchell. Signed by Judge Joy Flowers Conti on 9/22/06. (smc ) (Entered: 09/25/2006)

Sept. 25, 2006
4

NOTICE of Appearance by Stephen J. Laidhold on behalf of ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC. (Laidhold, Stephen) (Entered: 10/13/2006)

Oct. 13, 2006
5

MOTION to Dismiss Amended Complaint by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Affidavit of Bruce Simon in support of Motion to Dismiss Plaintiff's Amended Complaint)(Laidhold, Stephen) Modified title text and text to describe attachment on 10/16/2006 (jsp). Modified on 10/16/2006 (jsp, ). (Entered: 10/13/2006)

Oct. 13, 2006
6

BRIEF in Support re 5 MOTION to Dismiss Amended Complaint filed by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) (Entered: 10/13/2006)

Oct. 13, 2006
7

ORDER Response/Briefing Schedule re 5 Motion to Dismiss. Plaintiff's Response to the Motion to Dismiss is due by 11/6/2006. Signed by Magistrate Judge Robert C. Mitchell on 10/16/2006. (mlb) (Entered: 10/16/2006)

Oct. 16, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 5 MOTION to Dismiss ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1 CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE.. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. THE DOCUMENT DOES NOT NEED TO BE RE-FILED. This message is for informational purposes only. Disclosure Statement due by 10/25/2006. (jsp, ) (Entered: 10/16/2006)

Oct. 16, 2006
8

Disclosure Statement identifying None as Corporate Parent, by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) Modified text on 10/18/2006 (jsp). (Entered: 10/17/2006)

Oct. 17, 2006
9

SUMMONS/Return of Service Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. ORIGINAL HOT DOG SHOPS, INC. served on 9/29/2006, answer due 10/19/2006. (Clickner, M.) (Entered: 10/27/2006)

Oct. 27, 2006

Update Answer Deadline: Answer due from FOOD GALLERY ORIGINAL, INC. on 10/19/2006 (jv) (Entered: 10/30/2006)

Oct. 30, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 10 Summons/Returned Returned Executed ERROR: Docket entry date for service did not match actual document which made the Answer deadline incorrect CORRECTION: Corrected Docket entry and updated Answer deadline for FOOD GALLARY ORIGINAL INC. This message is for informational purposes only. (jv) (Entered: 10/30/2006)

Oct. 30, 2006
11

RESPONSE to Motion re 5 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Certificate of Service # 2 Appendix # 3 Certificate of Service)(Clickner, M.)Document Removed from Public View and redocked at 12 Memorandum in Opposition. Modified on 11/8/2006 (jv). (Entered: 11/06/2006)

Nov. 6, 2006
12

MEMORANDUM by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in Opposition to 5 MOTION to Dismiss. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Certificate to Memorandum in Opposition to Defendant's Motion to Dismiss # 2 Appendix to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss # 3 Certificate of Service to Appendix). (jv) (Entered: 11/08/2006)

Nov. 8, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: re 11 Response to Motion Wrong event selected. CORRECTION: Re-docketed as 12 Memorandum In Opposition to Defendant's 5 Motion to Dismiss. This message is for informational purposes only. Please Note that Certificate of Service's are to made part of the Main Document. Thank You. (jv) (Entered: 11/08/2006)

Nov. 8, 2006
14

OBJECTIONS to Magistrate Mitchell's Report and Recommendations by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) (Entered: 12/22/2006)

Dec. 22, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 14 Objections To ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv) (Entered: 12/27/2006)

Dec. 27, 2006
15

OBJECTIONS to Magistrate Mitchell's 13 Report and Recommendations, by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Proposed Order)(Laidhold, Stephen) (Entered: 01/03/2007)

Jan. 3, 2007
17

First MOTION for Discovery to Commence Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(Clickner, M.) (Entered: 01/31/2007)

Jan. 31, 2007
19

NOTICE of Hearing: Initial Status Conference set for 3/13/2007 at 9:30 AM before Robert C. Mitchell. (mlb) (Entered: 02/01/2007)

Feb. 1, 2007

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. ORDER denying 17 Motion for Discovery. Signed by Magistrate Judge Robert C. Mitchell on 2/1/2007. (mlb) (Entered: 02/01/2007)

Feb. 1, 2007
20

DEFENDANTS' ANSWER to Amended Complaint AND AFFIRMATIVE DEFENSES by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC..(Laidhold, Stephen) (Entered: 02/06/2007)

Feb. 6, 2007
21

THIRD PARTY COMPLAINT against CARNEGIE-MELLON UNIVERSITY, PARKHURST CORPORATION, filed by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Laidhold, Stephen) (Entered: 02/07/2007)

Feb. 7, 2007

Summons Issued as to CARNEGIE-MELLON UNIVERSITY, Parkhurst Corporation. (ept) (Entered: 02/08/2007)

Feb. 8, 2007
22

REPORT of Rule 26(f) Planning Meeting. (Clickner, M.) (Entered: 02/09/2007)

Feb. 9, 2007
23

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC..(Laidhold, Stephen) (Entered: 02/21/2007)

Feb. 21, 2007
24

SUMMONS/Return of Service Returned Executed by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC.. CARNEGIE-MELLON UNIVERSITY served on 2/21/2007, answer due 3/13/2007; PARKHURST CORPORATION served on 2/16/2007, answer due 3/8/2007. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Laidhold, Stephen) (Entered: 02/27/2007)

Feb. 27, 2007
25

NOTICE of Voluntary Dismissal by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC. (Laidhold, Stephen) (Entered: 03/07/2007)

March 7, 2007
27

Notice Opting Out of Arbitration by PARKHURST CORPORATION.(Rogers, William) (Entered: 03/08/2007)

March 8, 2007
28

MOTION to Dismiss re 21 Third Party Complaint by PARKHURST CORPORATION. (Attachments: # 1 Proposed Order)(Rogers, William) (Entered: 03/08/2007)

March 8, 2007
29

BRIEF in Support re 28 MOTION to Dismiss re 21 Third Party Complaint filed by PARKHURST CORPORATION. (Rogers, William) (Entered: 03/08/2007)

March 8, 2007
30

Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell: Status Conference held on 3/13/2007. Discovery due by 7/15/2007. Defendants' Response to Third-Party Defendant's Motion to Dismiss 28 due by 3/31/2007. Reply to Response due by 4/10/2007. Status Conference set for 5/15/2007 09:30 AM before Magistrate Judge Robert C. Mitchell. (Court Reporter none.) (spc) (Entered: 03/13/2007)

March 13, 2007
31

NOTICE OF CONSENT by Third Party Plaintiff, ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC. of The GRANTING of Third Party Defendant's (PARKHUST CORPORATION) 28 MOTION to Dismiss re 21 Third Party Complaint (jv) (Entered: 03/22/2007)

March 22, 2007

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's ORDER or notice on the matter. Order granting unopposed 28 Motion to Dismiss 21 Third-Party Complaint. Signed by Magistrate Judge Robert C. Mitchell on 4/9/2007. (mlb) (Entered: 04/09/2007)

April 9, 2007
32

CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5)(Clickner, M.), Corrected Attachments by describing them. Modified on 4/23/2007 (jv). (Entered: 04/19/2007)

April 19, 2007

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 32 Consent Decree. ERROR: Attachments not described. CORRECTION: Attachment description applied. This message is for informational purposes only. (jv) (Entered: 04/23/2007)

April 23, 2007
33

Approved Consent Decree. Signed by Judge Joy Flowers Conti on 4/24/07. (smc ) (Entered: 04/27/2007)

April 27, 2007

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 19, 2006

Closing Date: 2011

Case Ongoing: No

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

Food Gallery Original, Inc., Private Entity/Person

Original Hot Dog Shops, Inc., Private Entity/Person

Case Details

Causes of Action:

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: 7500

Order Duration: 2007 - 2011

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits