Case: EEOC v. Carrols Corporation

5:98-cv-01772 | U.S. District Court for the Northern District of New York

Filed Date: Nov. 17, 1998

Closed Date: Jan. 26, 2015

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against Carrols Corporation, which operates more than 300 Burger King restaurants, in the U.S. District Court for the Northern District of New York in November 1998. The complaint is unavailable, but a court opinion indicates that the EEOC brought suit under Title VII of the Civil Rights Act of 1964, alleging that the defendant (1) subjected female employees to a hostile work environment, (2) failed to remedy alleged instances of sexual…

The New York District Office of the EEOC brought this suit against Carrols Corporation, which operates more than 300 Burger King restaurants, in the U.S. District Court for the Northern District of New York in November 1998. The complaint is unavailable, but a court opinion indicates that the EEOC brought suit under Title VII of the Civil Rights Act of 1964, alleging that the defendant (1) subjected female employees to a hostile work environment, (2) failed to remedy alleged instances of sexual harassment and retaliated against employees who complained of sexual harassment, and (3) constructively discharged employees by failing to remedy the hostile work environment. The plaintiff also brought claims on behalf of 511 individual female employees pursuant to 42 U.S.C. §2000e-5(f)(1). The plaintiff, among other things, sought a permanent injunction enjoining the defendant from engaging in any discriminatory employment practices and monetary damages for the individual employees affected by the defendant’s unlawful practices.

After the parties conducted some written discovery, the defendant, on June 18, 2002, moved for summary judgment. On July 24, 2002, the plaintiff filed a cross-motion for a continuance to permit additional discovery. In support of its motion for summary judgment, the defendant argued that the plaintiff failed to provide sufficient evidence to sustain a prima facie pattern or practice claim based on a hostile work environment theory. In response, the plaintiff contended that it had an insufficient opportunity to conduct discovery. On November 20, 2002, District Judge Frederick J. Scullin, Jr., after conferring with the magistrate judge regarding the status of discovery in the case, found that several discovery disputes remained unresolved and that the defendant’s motion for summary judgment was premature. Therefore, he denied the defendant’s motion for summary judgment, denied the plaintiff’s cross-motion for a continuance as moot, and ordered that the case be recommitted to the magistrate judge.

On January 16, 2004, the defendant filed a renewed motion for summary judgment, seeking dismissal of all of the plaintiff’s claims. On April 20, 2005, Judge Scullin granted the defendant’s motion for summary judgment with respect to the plaintiff’s pattern or practice claims of sexual harassment, failure to remedy, retaliation, and constructive discharge; this left only the plaintiff’s claims on behalf of the individual employees remaining. He found that the plaintiff’s allegations fell short of showing that even a substantial minority of the defendant’s female employees experienced harassment or that sexual harassment was defendant’s “standard operating procedure—the regular rather than the unusual practice.” Therefore, Judge Scullin concluded that the plaintiff had not shown that there was a genuine issue of material fact with respect to whether a pattern or practice of a hostile environment existed in the defendant’s restaurants.

On February 27, 2006, the defendant filed a motion for summary judgment against the individual claims brought by the plaintiff. On March 2, 2011, Judge Scullin granted in part and denied in part the defendant’s motion for summary judgment. Of the 511 individual employees that the plaintiff had identified as having been aggrieved by the defendant’s discrimination, Judge Scullin granted summary judgment for the defendant as to 380 of those individuals, finding that their claims failed for procedural (untimely claims, not supported by admissible evidence, etc.) and substantive (non-actionable sexual harassment and non-actionable retaliation) reasons. However, he found that 131 individual claims raised an issue of fact and survived the defendant’s motion for summary judgment.

On January 10, 2013, after the parties engaged in settlement negotiations, Judge Scullin signed a consent decree, stipulated to by the parties, in favor of the plaintiff. The decree was to last two years and enjoined the defendant from harassing and retaliating toward any of the claimants or any other female because of her sex and required the defendant to: (1) pay $2,500,000 to the claimants, (2) provide training on sexual harassment and harassment reporting procedures, (3) implement anti-discrimination policies; (4) maintain a toll-free complaint hotline and dedicated email address for employees to file complaints of sexual harassment, (5) conduct audits of HR practices, (6) implement criterion related to adherence of equal employment opportunity policies on its manager evaluation forms, and (7) provide the EEOC with a written summary narrative report on the status of its compliance with the decree every 180 days. On January 26, 2015, Judge Scullin approved the parties’ stipulation of dismissal of this case with prejudice. This case is now closed.

Summary Authors

Kevin Wilemon (8/21/2008)

Lisa Limb (4/6/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5354075/parties/equal-employment-v-carrols-corporation/


Judge(s)

Dancks, Therese Wiley (New York)

Scullin, Frederick James Jr. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Chandy, Sunu P. (New York)

Grossman, Elizabeth (New York)

Keenan, Judy A. (New York)

Lee, James L. (District of Columbia)

Rose, Robert D. (New York)

Santos, Adela P. (New York)

Thomas, Gillian L. (New York)

Judge(s)

Dancks, Therese Wiley (New York)

Scullin, Frederick James Jr. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Chandy, Sunu P. (New York)

Grossman, Elizabeth (New York)

Keenan, Judy A. (New York)

Lee, James L. (District of Columbia)

Rose, Robert D. (New York)

Santos, Adela P. (New York)

Thomas, Gillian L. (New York)

Attorneys(s) for Defendant

Atterberry, Rachel E. A. (Illinois)

Delikat, Michael (New York)

Eisenberg, Jack D. (New York)

Florin, Aimee B. (New York)

Giansello, John D. III (New York)

Kandel, William L. (New York)

Mayer, Jeffrey J. (Illinois)

Miller, Catherine A. (Illinois)

Expert/Monitor/Master

McGowan, James H. III (New York)

Documents in the Clearinghouse

Document

5:98-cv-01772

Docket [PACER]

Equal Employment v. Carrols Corporation

March 26, 2018

March 26, 2018

Docket
50

5:98-cv-01772

Order

Nov. 20, 2002

Nov. 20, 2002

Order/Opinion
55

5:98-cv-01772

Decision and Order

215 F.R.D. 46

Feb. 18, 2003

Feb. 18, 2003

Order/Opinion
77

5:98-cv-01772

Order

Feb. 26, 2004

Feb. 26, 2004

Order/Opinion
108

5:98-cv-01772

Memorandum-Decision and Order

2005 WL 928634, 2005 U.S.Dist.LEXIS 8337

April 20, 2005

April 20, 2005

Order/Opinion
138

5:98-cv-01772

Memorandum-Decision and Order

Equal Employment v. Carrols Corporation

2011 WL 817516

March 2, 2011

March 2, 2011

Order/Opinion
209

5:98-cv-01772

Consent Decree

Equal Employment v. Carrols Corporation

Jan. 10, 2013

Jan. 10, 2013

Order/Opinion
211

5:98-cv-01772

Stipulation of Dismissal

Equal Employment v. Carrols Corporation

Jan. 26, 2015

Jan. 26, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5354075/equal-employment-v-carrols-corporation/

Last updated Aug. 9, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

Nov. 17, 1998

Nov. 17, 1998

PACER

SUMMONS(ES) issued for Carrols Corporation (tad)

Nov. 17, 1998

Nov. 17, 1998

PACER

G.O. 25 Filing Order

Nov. 17, 1998

Nov. 17, 1998

PACER
1

COMPLAINT filed; ; Service deadline 1/16/99 for Carrols Corporation (tad) (mc, ). (Entered: 11/17/1998)

Nov. 17, 1998

Nov. 17, 1998

PACER

Filing Order Issued; Conference set before Magistrate Judge Gary L. Sharpe in Syracuse, (tad)

Nov. 17, 1998

Nov. 17, 1998

PACER
2

ANSWER & AFFIRMATIVE DEFENSES: to Complaint by Carrols Corporation (Attorney Jack D. Eisenberg) (jmb) (mc, ). (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
3

Joint request by parties to adjourn the Rule 16 conference currently scheduled for 3/17/99 before Mag. Judge Sharpe; Proposed order attached. (drm) (mc, ). (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

PACER
4

Scheduling Notice:, reset Filing Order Deadlines: Telephone Conference set before Magistrate Judge Gary L. Sharpe in Syracuse, Status Conference at 11:00 4/21/99, Deadline for filing Case Management Plan, 4/12/99 (drm) (mc, ). (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

PACER
5

Proposed Joint Civil Case Management Plan Submitted. (jmb) (mc, ). (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

PACER

Docket Annotation

April 16, 1999

April 16, 1999

PACER
6

Letter from attorney William Kandel on behalf of defendant dated 4/9/99 requesting that the rule 16 conference be conducted in person on 4/21/99; Forwarded to GLS for review (drm) (mc, ). (Entered: 04/16/1999)

April 16, 1999

April 16, 1999

PACER

Attorney Kandel will appear in person for rule 16 conference on 4/21/99 at 11:00 A.M.; Attorney Barkey will appear by telephone for the conference. (drm)

April 16, 1999

April 16, 1999

PACER
7

Minute entry: Telephone/In Person Rule 16 conference held before Mag. Judge Sharpe; App: David Barkey, Esq. and Elizabeth Grossman, Esq. for plaintiffs by telephone; William Kandell, Esq., William Sardella, Esq., and Joseph Zirkman, Esq. for defendant in person; Parties discuss phased discovery with parties; Mag. Judge Sharpe deems this a complex case and orders ALL WRITTEN DISCOVERY completed by 9/21/99; Mag. Judge Sharpe refuses to limit the scope of written discovery to one single issue; Parties are advised of discovery dispute resolution policies; Defendants directed to file a substitution of attorney; Written order to be issued; 11:00 - 11:45 A.M. (drm) (mc, ). (Entered: 04/25/1999)

April 21, 1999

April 21, 1999

PACER
8

DISCOVERY ORDER: all written discovery in this matter is to be completed on or before reset Discovery deadline to 9/21/99 ; Service of discovery requests must be made a sufficient number of days beofre this deadine to allow responses to be served before the cut off. (Signed by Magistrate Judge Gary L. Sharpe) (jmb) (mc, ). (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

PACER
9

NOTICE of attorney appearance as co-counsel for Carrols Corporation by William L. Kandel and Aimee B. Meltzer; with Affidavit of Service by Federal Express attached. (smo) (mc, ). (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

PACER
10

Letter from attorney William Kandel dated 8/10/99 requesting an extension of the UPSO in this case; EEOC does not consent to such request; Correspondence attached. (drm) (mc, ). (Entered: 08/17/1999)

Aug. 13, 1999

Aug. 13, 1999

PACER
11

Discovery ORDER: that all WRITTEN Discovery in this matter is to be completed by Reset Discovery deadline to 2/21/00 ; Service of discovery requests must be made a sufficient number of days before this deadline to allow responses to be served before the cut-off; Please refer to Local Rule 16.2 (Discovery Cut-Off) (Signed by Magistrate Judge Gary L. Sharpe) (smo) (mc, ). (Entered: 08/23/1999)

Aug. 19, 1999

Aug. 19, 1999

PACER
12

Letter dated 1/20/00 by David Barkey, Esq. requesting a three month extension for written discovery (smo) (mc, ). (Entered: 01/25/2000)

Jan. 21, 2000

Jan. 21, 2000

PACER
13

REQUEST and ORDER dated 1/26/00 to extend deadline for written discovery; ORDERED that ALL WRITTEN discovery in this matter is to be completed on or before 5/22; Reset Discovery deadline to 5/22/00 ; Service of Discovery requests must be made a sufficient number of days before this deadline to allow responses to be served before the cutt-off; please refer to Local Rule 16.2 (Signed by Magistrate Judge Gary L. Sharpe) (smo) (mc, ). (Entered: 01/31/2000)

Jan. 26, 2000

Jan. 26, 2000

PACER
14

Letter of attorney David Barkey dated 6/9/00 on behalf of plaintiff regarding outstanding discovery disputes between parties; Plaintiff is requesting the court's assistance in resolving these disputes. (drm) (mc, ). (Entered: 06/13/2000)

June 12, 2000

June 12, 2000

PACER

CRD Dan McAllister spoke with defendants' attorney William Kandel regarding [14-1] letter of plaintiff's attorney; Parties will attempt to resolve any part of the discovery dispute they can and then come back to the court with any remaining issues. (drm)

June 13, 2000

June 13, 2000

PACER

Docket Annotation

June 13, 2000

June 13, 2000

PACER
15

Letter of attorney William Kandel on behalf of defendants dated 6/12/00 in response to [14-1] letter of plaintiff's counsel regarding discovery problems. (drm) (mc, ). (Entered: 07/07/2000)

June 13, 2000

June 13, 2000

PACER
16

STIPULATED PROTECTIVE ORDER on behalf of Equal Employment, Carrols Corporation (signed by Magistrate Judge Gary L. Sharpe on 7/11/00). (cdl) (mc, ). (Entered: 07/20/2000)

July 11, 2000

July 11, 2000

PACER
17

Letter from attorney David Barkey dated 7/25/00 on behalf of plaintiff asking the court's assistance in resolving an outstanding discovery problem; Letters between parties attached (drm) (mc, ). (Entered: 07/31/2000)

July 26, 2000

July 26, 2000

PACER
18

Scheduling Notice: set Telephone Pretrial Conference for 10:00 8/9/00 before Mag. Judge Sharpe (drm) (mc, ). (Entered: 07/31/2000)

July 31, 2000

July 31, 2000

PACER
19

Minute entry of telephone conference before Mag. Judge Sharpe: App: David Barkey, Esq. and Elizabeth Grossman, Esq. for plaintiff; William Kandel, Esq. for defendant; Telephone conference regarding outstanding document requests made by plaintiff; Attorney Kandel advises the court that defendant will turn over the documents in question by 8/18/00; Parties to supply proposed order regarding this agreement; Attorney Kandel advises that defendant also has document requests that have gone unanswered by plaintiff; Parties will try to resolve this problem and if they are unable, they will come back to the court; 10:00 - 10:05 A.M. (drm) (mc, ). (Entered: 08/09/2000)

Aug. 9, 2000

Aug. 9, 2000

PACER
20

DISCOVERY ORDER: defendant, Carrols Corporation, shall produce to plaintiff, Equal Employment Opportunity Commission, the information and documents requested by the EEOC in its Sixth Set of Interrogatories and Sixth Request for Production of Documents, no later than August 18, 2000. (Signed by Magistrate Judge Gary L. Sharpe) (jmb) (mc, ). (Entered: 08/15/2000)

Aug. 10, 2000

Aug. 10, 2000

PACER
21

Letter application received from Carrols Corporation dated 3/2/01 by John D. Giansello, Esq., requesting: a discovery conference to resolve certain disputes over document requests, interrogatories and request for admissions propounded by Carrols that the parties have not been able to resolve completely through repeated conferences and negotiations; w/attachment and exhibits A through H. (jmb) (jmb, ). (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

PACER
22

NOTICE/REQUEST: dated 3/9/01 by Suna P. Chandy, Esq., on behalf of Equal Employment, to Magistrate Judge Sharpe, stating that the parties have agreed to specific deadlines related to the discovery issues that remain, and jointly propose setting a discovery conference during the week of April 17-20, 2001. (jmb) (mc, ). (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

PACER
23

Scheduling Notice: set Telephone Conference for 1:00 4/17/01 before MJ Sharpe (drm) (mc, ). (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
24

Scheduling Notice: reset Pretrial Conference for 1:00 4/17/01 before MJ Sharpe Conference will be In Person pursuant to the request of the parties to personally appear terminated deadline for the telephone conference for 4/17/01 as it will now be in person (drm) (mc, ). (Entered: 03/30/2001)

March 30, 2001

March 30, 2001

PACER
25

LETTER RESPONSE: dated 4/6/01 by Michelle A. Caiola, Esq., on behalf of Equal Employment in opposition to [21-1] Letter Application by Carrols Corporation; and addressing the discovery disputes between the parties, w/attachment A. (jmb) (mc, ). (Entered: 04/10/2001)

April 9, 2001

April 9, 2001

PACER
26

LETTER RESPONSE of attorney John Giansello on behalf of Carrols Corporation dated 4/13/01 in opposition to [25-1] opposition response (drm) (mc, ). (Entered: 04/16/2001)

April 16, 2001

April 16, 2001

PACER

Set Deadlines/Hearings

April 17, 2001

April 17, 2001

PACER
27

Minute entry of In Person conference before MJ Sharpe: App: Michelle Caiola, Esq., Sunu Chandy, Esq., & Elizabeth Grossman, Esq. for plaintiffs; John Giansello, Esq., Michael Delikat, Esq., & Joseph Zirkman, Esq. for defendants Mag. Judge Sharpe hears parties regarding discovery dispute that is currently pending between parties; Defendant will file its motion to compel discovery by 5/1/01 Plaintiff to respond by 5/22/01; Defendant to reply by 6/5/01; Motion will be taken on submit unless parties are otherwise notified. 1:00 - 2:25 p.m.; CD: 2001-061 (drm) Modified on 05/23/2001 (mc, ). (Entered: 04/19/2001)

April 17, 2001

April 17, 2001

PACER

Deadline updated; set Motion To Compel Filing deadline to 5/1/01, Response to Motion to compel by 5/22/01 Defendants may reply by 6/5/01 (drm)

April 17, 2001

April 17, 2001

PACER
28

LETTER/REQUEST and ORDER dated 4/26/01; Letter addressed to Daniel R. Mcallister, Court Clerk for Magistrate Judge Sharpe, requesting that the Court reset the Discovery Motion Filing deadline to 5/3/01, Response to Motion to 5/24/01, and the Reply to Response deadline to 6/7/01; Request granted ( signed by Magistrate Judge Gary L. Sharpe on 4/27/01) (kcl) (mc, ). (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

PACER
29

MOTION by John D. Giansello, Esq., on behalf of Carrols Corporation to Compel pltf to respond further to discovery requests with attached facts & certification of John D. Giansello; also attached letter of USEEOC and questionnare; Motion taken on submit before MJ Sharpe per [27-1] minute entry (fce) Modified on 05/04/2001 (rep, ). (Entered: 05/04/2001)

May 3, 2001

May 3, 2001

PACER
30

TRANSCRIPT filed of Status Conference before MJ Sharpe for dates of 4/17/01 (drm) (mc, ). (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

PACER
31

RESPONSE MEMORANDUM and CROSS-MOTION by Michelle Caiola, Esq. for Plaintiff Equal Employment; Plaintiffs Cross-Motion requesting the Court to Compel Defendant to produce outstanding discovery, Attached Supporting Exhibits 1-5; Response in re: opposition to defendants [29-1] motion to Compel pltf to respond to discovery requests (kcl) (rep, ). (Entered: 05/24/2001)

May 24, 2001

May 24, 2001

PACER
32

REPLY LETTER: dated 6/6/01 by John D. Giansello, Esq., on behalf of Carrols Corporation to response to and in further support of [29-1] motion to Compel the plaintiff to respond further to discovery requests (Leave to file granted by chambers, GLS) (jmb) (rep, ). (Entered: 06/12/2001)

June 7, 2001

June 7, 2001

PACER
33

REPLY LETTER: dated 6/20/01 by Michelle A. Caiola, Esq., on behalf of Equal Employment to response to and in further support of [31-2] Cross Motion to Compel outstanding discovery; w/attached exhibits 6, 7, and 8. (Leave to file granted by Chambers, GLS) (jmb) (mc, ). (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

PACER
34

LETTER REQUEST & ORDER: dated 5/14/02 by John D. Giansello, Esq., on behalf of defendant Carrols Corporation, requesting leave to file a memorandum of law of 40 pages in length due to the complex legal issues, request is modified by the Court and granted, the deft. may file a 30 page memorandum of law. (Signed by Chief Judge F. J. Scullin Jr.) (jmb) (Entered: 05/20/2002)

May 16, 2002

May 16, 2002

PACER
38

MOTION by John D. Giansello, Esq., on behalf of Carrols Corporation for Summary Judgment dismissing the Complaint, w/attached material facts statement, supporting declarations, and exhibits A through V, Hearing set for 10/11/02 at 10:00 AM, Motion returnable before Chief Judge: Scullin {This motion was received on 9/5/02, however is considered filed as of 6/18/02, the original date of service, pursuant to the CJRA reporting requirements instituted on 3/1/00} (jmb) Modified on 09/05/2002 (jmb, ). (Entered: 09/05/2002)

June 18, 2002

June 18, 2002

PACER
35

LETTER by John D. Giansello, Esq., on behalf of Carrols Corporation pursuant to Local Rule 7.1(b) regarding service of Motion: for Summary Judgment, Date Served upon counsel: 6/18/02 (jmb) (mc, ). (Entered: 06/25/2002)

June 19, 2002

June 19, 2002

PACER
36

LETTER by Adela Santos, Esq., on behalf of Equal Employment pursuant to Local Rule 7.1(b) regarding response to deft's Motion for Summary Judgment and EEOC's Motion for Summary Judgment pursuant to Rule 56(f) granting a Continuance; Date Served upon counsel: 7/23/02 (jmb) (mc, ). (Entered: 08/05/2002)

July 24, 2002

July 24, 2002

PACER
44

MOTION by Equal Employment for a Continuance pursuant to Rule 56(f) of the FRCvP, Hearing set for 10/11/02 at 10:00 AM, w/attached memorandum of law and declaration, and exhibits A through D, Motion returnable before Chief Judge Scullin {This motion was received on 9/5/02, however is considered filed as of 7/24/02, the original date of service, pursuant to the CJRA reporting requirements instituted on 3/1/00} (jmb) (jmb, ). (Entered: 09/05/2002)

July 24, 2002

July 24, 2002

PACER
37

LETTER by John D. Giansello, Esq., on behalf of Carrols Corporation pursuant to Local Rule 7.1(b) regarding service its' reply papers to Carrols Corp's Motion for Summary Judgment and opposition to EEOC's Cross Motion, Served upon counsel: 8/20/02 (jmb) (mc, ). (Entered: 08/27/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
39

DECLARATION: by Gerald DiGenova, Vice President of Carrols Corporation in support of [38-1] Motion for Summary Judgment dismissing the Complaint, w/attached exhibits A through Z and AA through OO. (jmb) (jmb, ) (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
40

DECLARATION: by Andrew Baron Esq., on behalf of Carrols Corporation in support of [38-1] Motion for Summary Judgment dismissing the Complaint, w/attached exhibits A through J. (jmb) (jmb, ). (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
41

EXHIBIT K (PART 1): by Carrols Corporation, in further support of Andrew Baron's Declaration. (jmb) (Additional attachment(s) added on 8/2/2017: # 1 Part 2 of 2) (jmb, ). (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
42

EXHIBIT K (PART 2): by Carrols Corporation, in further support of Andrew Baron's Declaration. (jmb) (Attachments added on 8/4/2017: # 1 Exhibit 143 (continued - Part 2) through Exhibit 161) (jmb, ) (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
43

MEMORANDUM OF LAW: by John D. Giansello, Esq., on behalf of Carrols Corporation in support of [38-1] Motion for Summary Judgment dismissing the Complaint (30 pages, Approved) (jmb) (mc, ). (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
45

RESPONSE & REPLY MEMORANDUM: by John D. Giansello, Esq., on behalf of Carrols Corporation in opposition to [44-1] Motion for a Continuance pursuant to Rule 56(f) of the FRCvP and reply to response to and in further support of [38-1] Motion for Summary Judgment dismissing the Complaint, w/attached Reply Declaration. (jmb) (jmb, ). (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
46

MOTION/REQUEST & ORDER: plaintiff's move for leave of the Court to reply to the defts' reply, request granted the plaintiff is granted leave to sur-reply. (Signed by Chief Judge Frederick J. Scullin Jr.) (jmb) Modified on 09/20/2002 (Entered: 09/20/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
47

LETTER REQUEST & ORDER: dated 9/27/02 by Adela P. Santos, Esq., on behalf of the plaintiff, requesting an adjournment of the motion hearing, Motion Hearing set for 10/16/02 at 2:00 PM, Re: [38-1] Motion for Summary Judgment dismissing the Complaint and [44-1] Motion for a Continuance pursuant to Rule 56(f) of the FRCvP (Signed by Chief Judge Frederick J. Scullin Jr.) (jmb) (Entered: 10/07/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
48

Scheduling Notice: Motion Hearing reset for 11/13/02 at 4:00 PM, Re: [38-1] Motion for Summary Judgment dismissing the Complaint, and [44-1] Motion for a Continuance pursuant to Rule 56(f) of the FRCvP (Sent by Courtroom Clerk: Barbara J. Woodford) (jmb) (mc, ). (Entered: 10/17/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
49

Minute entry: Motion Argument held. Claims: Title VII sex-based job discrimination, retaliation and hostile work environment. Discovery Motion to continue discovery is argued. Pltf requests discovery be reopened for depositions of parties listed in their moving papers to determine a pattern and practice by the deft. Deft objects and cites case law to support argument. Court advises that Pltf must show evidence of intentional discrimination in order for the Court to allow further discovery to establish a pattern and practice by Deft re: handling sex-based Job discrimination claims. Pltf has not responded to Defts motion for Summary Judgment due to motion pending for further discovery. Pltf believes more discovery is necessary before they are able to respond to this motion. [44-1] motion for a Continuance pursuant to Rule 56(f) of the FRCvP Reserved, [38-1] motion for Summary Judgment dismissing the Complaint Reserved. APP: Adela Santos, Esq. for Pltf; John Giansello III, Esq.; Michael Delikat, Esq.; Joseph Zuckman, Esq. and Jeff Mayer, Esq. for Deft.; Court Reporter/ECRO: Jodi Hibbard; LC: AAD (bjw) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
50

ORDER: denying [38-1] defendant's Motion for Summary Judgment dismissing the Complaint, and denying plaintiff's [44-1] Motion for a Continuance pursuant to Rule 56(f) of the FRCvP, as moot, further ordered that this case is recommitted to the Magistrate Judge with instructions to set new discovery deadlines and to allow additional limited discovery on the issue of whether defendant engaged in a pattern or practice of intentional discrimination, the parties are directed to initiate contact with the Magistrate Judge within 10 days of this order, finally the parties are shall renew or file dispositive motions within 60 days of the close of discovery. (Signed by Chief Judge Frederick J. Scullin Jr.) (jmb) (Entered: 11/21/2002)

Nov. 20, 2002

Nov. 20, 2002

PACER

Atty's contacted court pursuant to Judge Scullin's order to schedule a conference. Court will send out notice for a telephone conference on 12/3/02 at 10:00 (jlm)

Nov. 27, 2002

Nov. 27, 2002

PACER

Docket Annotation

Nov. 27, 2002

Nov. 27, 2002

PACER
51

Minute entry of Telephone Conference before Mag/Judge Sharpe: the parties discuss outstanding summaries and questionnaires, Judge directs the EEOC to supply the summaries to the defts, pltf requests to take additional depositions, deft. opposes the request, Judge will issue an order within 2 weeks, if a further conference needs to be scheduled the Court will notice the parties; App: Asuna Chaney, Esq., Adela Santos, Esq., John Giansello, Esq., Joseph Zurkman, Esq., Court Clerk: Judy L. Baugh; Tape #183 (jmb) (Entered: 12/13/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
52

TRANSCRIPT OF MOTION ARGUMENT: filed for the date of November 13, 2002 before Chief Judge Scullin. (Court Reporter: Jodi L. Hibbard) (jmb) (mc, ). (Entered: 12/13/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
53

NOTICE/LETTER BRIEF: dated 12/13/02 by John D. Giansello, Esq., on behalf of Carrols Corporation, advising the Court that he has received the Court Transcript of the 11/13/02 Motion Hearing and attaches it for the Court's reference, and he gives a summary of his client's position on the outstanding discovery issues. (jmb) (mc, ). (Entered: 12/30/2002)

Dec. 16, 2002

Dec. 16, 2002

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54

LETTER RESPONSE by Adela P. Santon, Esq for Equal Employment in response the the [53-1] Letter (jlm) (jmb, ). (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

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55

DECISION & ORDER: granting in part, denying in part deft's [29-1] Motion to Compel pltf to respond further to discovery requests, and granting in part, denying in part pltf's [31-2] Motion to Compel, deadline for compliance with production as stated in this Order is 4/14/03 and various disclosure and deposition shall be concluded by 5/14/03, the parties shall consult and confer and thereafter notify the Court in writing by 3/14/03 concerning any other outstanding case management or non-dispositive issues and a proposed dispositive motion filing deadline. (Signed by Magistrate Judge Gary L. Sharpe) (jmb) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER

Received call from defts' atty John Giansello for a request to file the status letter due 3/14/03 on 3/18/03. Letter will be Fed Ex to be received in Syracuse no later than 3/18/03. (jlm)

March 14, 2003

March 14, 2003

PACER

Docket Annotation

March 14, 2003

March 14, 2003

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56

LETTER/NOTICE dated 3/13/03; Letter addressed to Mj Sharpe from Judy Keenan, Esq. for pltf. Equal Employment; Letter is in compliance with teh Court's 2/18/03 Order, directing parties to file letters re: outstanding matters; Attached Exhibit A (kcl) (mc, ). (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

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57

LETTER/NOTICE dated 3/17/03; Letter addressed to MJ Sharpe from John Giansello, Esq. for deft. Carrols Corporation; Counsel complies with the Court's 2/18/03 order, advising the Court of unresloved issues (kcl) (mc, ). (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

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58

Letter application received from Judy Keenean, Esq. for pltf. Equal Employment requesting: that a conference be held to Resolve Discovery Disputes; Attached Exhibits A-G (kcl) (jmb, ). (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

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59

LETTER/RESPONSE dated 7/14/03; Letter addressed to Judge Sharpe from John Giansello, Esq., counsel for deft. Carrols Corporation in opposition to pltfs. [58-1] Letter application (kcl) Modified on 07/15/2003 (mc, ). (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

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60

LETTER/NOTICE dated 7/16/03; Letter addressed to MJ Sharpe from Judy Keenan, Esq., counsel for pltf. Equal Employment; counsel responds to defts. letter dated 7/14/03; EEOC reaffirms their request for an opportunity to discuss the Discovery matters in a conference with the Court; Attached Exhibit H (kcl) (jmb, ). (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

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61

LETTER by John Giansello, Esq. for deft. Carrols Corporation pursuant to Local Rule 7.1(b) regarding Renewed Motion for Summary Judgment; Date Served upon counsel: 7/18/03 (kcl) (mc, ). (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

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62

LETTER/NOTICE dated 7/22/03; Letter addressed to MJ Sharpe from John Giansello, Esq. for Carrols Corporation; Letter responding to the 3rd letter of the EEOC regarding their Discovery requests (kcl) (mc, ). (Entered: 07/24/2003)

July 23, 2003

July 23, 2003

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64

LETTER titled "EEOC's Request for Expedited Ruling on Outstanding Discovery Matters and Dispositive Motion Briefing Schedule Due to the Service of Deft's Renewed SJ Motion" dd 7/21/03 by Judy Keenan, Esq for Equal Employment with a Proposed Order attached. (jlm) (mc, ). (Entered: 08/01/2003)

July 28, 2003

July 28, 2003

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63

LETTER/NOTICE dated 7/30/03; Letter addressed to MJ Sharpe from Lisa Sirkin, Esq., counsel for Equal Employment; Counsel requests that the Court allow an extension for pltfs. to respond to the defts. motion for Summary Judgment (kcl) (mc, ). (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

PACER
65

Scheduling Notice: Letter advising counsel for parties that the Court has set a Telephone Conference for 10:00 8/7/03 with MJ Sharpe; Pltfs atty. is to initiate the call; Notice sent by JLM (kcl) (mc, ). (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

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66

LETTER/NOTICE dated 7/31/03; Letter addressed to MJ Sharpe from John Giansello, Esq. for deft. Carrols Corporation; Counsel confirms receipt of the EEOC's latest submission to the court and further opposes the extension of time requested by the EEOC (kcl) (mc, ). (Entered: 08/05/2003)

Aug. 4, 2003

Aug. 4, 2003

PACER

Tele-conference held with Mag. Judge Sharpe. (jlm)

Aug. 7, 2003

Aug. 7, 2003

PACER

Telephone Conference

Aug. 7, 2003

Aug. 7, 2003

PACER

Set Deadlines/Hearings

Aug. 7, 2003

Aug. 7, 2003

PACER
68

Minute entry of telephone conference with Mag. Judge Sharpe; APPR: Judy Kenna, Esq, Lisa Serkin, Esq and Asuna Chaney, Esq all for pltf; John Giansello, Esq for deft Carrol's; Joseph Zurkman, Esq for deft; Mike Delikat, Esq for deft; Judge Sharpe holds a telephone conference on the recent correspondence received by the parties; EEOC wants to take 14 more depositions; Judge Sharpe will not allow any more extensions to do depositions; Judge Sharpe makes his ruling and orders the following: 75 days from today EEOC is to identify their experts; Depositions to be completed by 10/7/03; Pltf's to identify their experts on or before 10/22/03; Carrol's to Disclose rebuttal experts, if any, on or before 11/21/03; Depositions of experts to be completed no later than 12/22/03; Carrol's to file their summary judgment on or before 1/22/04 with responses to be filed in accordance with new rules; Judge Sharpe explains to the parties, any extensions regarding the summary judgment motion shall be directed to the District Judge. Court Reporter: Kristine Sellin; Court Clerk: Judi McNicholas. (jlm) (mc, ). (Entered: 08/26/2003)

Aug. 7, 2003

Aug. 7, 2003

PACER

Deadline updated; SJ Motion Filing deadline to 1/22/04 as Ordered by Judge Sharpe on 8/7/03 (jlm)

Aug. 7, 2003

Aug. 7, 2003

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67

TRANSCRIPT filed for dates of 8/7/03 for Tel. Conf. w/MJ Sharpe. (lmp) (mc, ). (Entered: 08/25/2003)

Aug. 22, 2003

Aug. 22, 2003

PACER
69

LETTER/NOTICE dated 9/30/03; Letter addressed to MJ Sharpe from John Giansello, Esq., counsel for Carrols Corporation; lEtter seeks the Court's clarification of certain points in the discovery and scheduling order issued by the court on 8/7/03; Attachments (kcl) (jmb, ). (Entered: 10/02/2003)

Oct. 1, 2003

Oct. 1, 2003

PACER
70

LETTER/NOTICE dated 10/10/03; Letter addressed to MJ Sharpe from Sunu Chandy, Esq. in opposition to defts. letter dated 9/30/03 wherein they seek Clarification of certain points in the discovery and scheduling order issued by the Court (kcl) (mc, ). (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
71

LETTER/NOTICE dated 10/14/03; Letter addressed to MJ Sharpe from John Giansello, Esq., counsel for Carrols Corporation; Counsel replies to EECO's response to pltfs. 9/30/03 request for clarification (kcl) (mc, ). (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
72

Amended MOTION for Summary Judgment /Amended Notice Of Renewed Motion For Summary Judgment by Carrols Corporation. (Attachments: # 1 Defendant's Amended Revised And Augmented Local Rule 7.1(a)(3) Statement In Support Of Renewed Motion For Summary Judgment (Part I)# 2 Defendant's Amended Revised And Augmented Local Rule 7.1(a)(3) Statement In Support Of Renewed Motion For Summary Judgment (Part II)# 3 Amended Supplemental Declaration Of John D. Giansello In Support Of Defendant's Renewed Motion For Summary Judgment ( Exhibits filed conventionally )# 4 Declaration Of Allison R. Fried In Support Of Defendant's Renewed Motion For Summary Judgment ( Exhibits filed conventionally )# 5 Amended Declaration Of Michael J. Peters In Support Of Defendant's Renewed Motion For Summary Judgment ( Exhibits filed conventionally )# 6 Declaration Of Jesica Golden In Support Of Defendant's Renewed Motion For Summary Judgment ( Exhibit filed conventionally )# 7 Defendant's Revised Memorandum In Support Of Its Renewed Motion For Summary Judgment ( Appendices filed conventionally )# 8 Certificate Of Service)(Giansello, John) (Entered: 01/16/2004)

2 Defendant's Amended Revised And Augmented Local Rule 7.1(a)(3) Statement I

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3 Defendant's Amended Revised And Augmented Local Rule 7.1(a)(3) Statement I

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4 Amended Supplemental Declaration Of John D. Giansello In Support Of Defendant&#

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5 Declaration Of Allison R. Fried In Support Of Defendant's Renewed Motion F

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6 Amended Declaration Of Michael J. Peters In Support Of Defendant's Renewed

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7 Declaration Of Jesica Golden In Support Of Defendant's Renewed Motion For

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8 Defendant's Revised Memorandum In Support Of Its Renewed Motion For Summar

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9 Revised Memorandum with Appendix A through H

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10 Supporting Exhibits to Amened Declaration of John D. Giansello - Exhibits A - Z

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Jan. 16, 2004

Jan. 16, 2004

PACER

Set Deadlines as to 72 Amended/Renewed MOTION for Summary Judgment. Motion Hearing set for 3/12/2004 at 10:00 AM in Syracuse before Chief Judge Frederick J. Scullin Jr. Response to Motion due by 2/25/2004. Reply to Response to Motion due by 3/1/2004. (Deadlines were inadvertently not added to motion entry) (jmb)

Feb. 2, 2004

Feb. 2, 2004

PACER

Set Motion and R&R Deadlines/Hearings

Feb. 2, 2004

Feb. 2, 2004

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73

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge George H. Lowe. Judge Gary Sharpe no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 2/11/04. (kcl, ) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

PACER

Confirmation of Deadlines as to 72 Amended/Renewed MOTION for Summary Judgment, due to an clerical error the deadlines related to this motion were set in ECF incorrectly, Debbie Moore of Judge Scullin's chambers has authorized the deadlines to remain as set allowing the parties one additional day to submit the response and reply papers herein, this confirms that the deadlines are: Response to Motion deadline is 2/25/2004 and Reply to Response to Motion deadline is 3/1/2004. The Motion Hearing remains set for 3/12/2004 at 10:00 AM in Syracuse before Chief Judge Frederick J. Scullin Jr. (jmb)

Feb. 20, 2004

Feb. 20, 2004

PACER

Reset Reply to Response to Motion Deadline as to 72 Amended/Renewed MOTION for Summary Judgment, upon authorization of Debbie Moore of Judge Scullin's chambers, the Clerk is directed to update the Reply to Response to Motion deadline to 3/2/2004 to allow the reply to be due 6 days after the filing of the response per the local rules. (jmb)

Feb. 20, 2004

Feb. 20, 2004

PACER

Set Motion and R&R Deadlines/Hearings

Feb. 20, 2004

Feb. 20, 2004

PACER

Set/Reset Deadlines as to 72 Amended MOTION for Summary Judgment /Amended Notice Of Renewed Motion For Summary Judgment. Motion Hearing set for 3/12/2004 10:00 AM in Syracuse before Chief Judge Frederick J. Scullin Jr.. (kcl, )

Feb. 23, 2004

Feb. 23, 2004

PACER

Set Motion and R&R Deadlines/Hearings

Feb. 23, 2004

Feb. 23, 2004

PACER
74

MOTION to Seal Document/motion by Sunu Chandy, Esq. for Equal Employment Opportunity Commission.(kcl, ) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

PACER
75

NOTICE by Sunu Chandy, Esq., counsel for Equal Employment Opportunity Commission; counsel requests that the Court grant permission to file a motion to exclude (kcl, ) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 17, 1998

Closing Date: Jan. 26, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their sex.

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

Carrols Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: $2,500,000

Order Duration: 2013 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits