Case: EEOC v. EGW Temporaries Inc.

1:00-cv-00833 | U.S. District Court for the Western District of New York

Filed Date: Sept. 28, 2000

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this action in the U.S. District Court for the Western District of New York, against EGW Temporaries, Inc. The complaint was filed in September 2000 and after numerous settlement conferences, the parties reached a settlement agreement in February 2003. A consent decree was entered in November 2003. We do not have the complaint in this case, but the settlement report indicates that the EEOC had alleged that EGW violated Title VII by using race an…

The New York District Office of the EEOC brought this action in the U.S. District Court for the Western District of New York, against EGW Temporaries, Inc. The complaint was filed in September 2000 and after numerous settlement conferences, the parties reached a settlement agreement in February 2003. A consent decree was entered in November 2003. We do not have the complaint in this case, but the settlement report indicates that the EEOC had alleged that EGW violated Title VII by using race and sex in its hiring decisions.

The consent decree is effective for five years and requires EGW to pay $285,000 into a settlement claim fund and three of its clients to pay a total of $50,000 in administrative costs. The decree prohibits discrimination, requires EGW to publish an anti-discrimination policy, and requires an outside contractor to be hired to provide anti-discrimination training. Additionally, the decree requires EGW to provide names, addresses, and social security numbers of former employees to the EEOC, to identify other potential claimants. The settlement term was five years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Keri Livingston (7/26/2007)

People


Judge(s)

Bianchini, Victor E. (New York)

Skretny, William M. (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Curtin, Nora E. (Florida)

Grossman, Elizabeth (New York)

Peart, Andree (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Defendant

McIntyre, Philip H. (New York)

Judge(s)

Bianchini, Victor E. (New York)

Skretny, William M. (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Curtin, Nora E. (Florida)

Grossman, Elizabeth (New York)

Peart, Andree (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Defendant

McIntyre, Philip H. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. EGW Temporaries Inc., et al

Feb. 4, 2005 Docket
48

Consent Decree

EEOC v. EGW Temporaries, Inc.

Nov. 7, 2003 Settlement Agreement

EEOC Litigation Settlement Report

EEOC v. EGW Temporaries, Inc.

No Court

Sept. 30, 2005 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; (JMD) (Entered: 09/29/2000)

Sept. 28, 2000

SUMMONS(ES) issued for EGM Temporaries Inc. (JMD) (Entered: 09/29/2000)

Sept. 28, 2000
2

MOTION by EGW Temporaries Inc. to Dismiss , to Stay , for Joinder , together with attached supporting documentation (DMS) (Entered: 12/05/2000)

Dec. 4, 2000
3

MEMORANDUM by EGW Temporaries Inc. in support of [2-1] motion to Dismiss by EGW Temporaries Inc., [2-2] motion to Stay by EGW Temporaries Inc., [2-3] motion for Joinder (DMS) (Entered: 12/05/2000)

Dec. 4, 2000
4

ANSWER to Complaint by EGW Temporaries Inc. (Attorney Philip H. McIntyre) (DMS) (Entered: 12/05/2000)

Dec. 4, 2000
5

ORDER: Response to Motion set to 1/10/01 for [2-1] motion to Dismiss, [2-2] motion to Stay, and [2-3] motion for Joinder , Reply to Response to Motion set to 1/24/01 [2-3] motion for Motion Hearing set for 9:00 2/1/01 ( signed by USDJ William M. Skretny ) Notice and copy of sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 12/20/2000)

Dec. 19, 2000
6

MEMORANDUM OF LAW by EEOC in opposition to [2-1] motion to Dismiss by EGW Temporaries Inc. (DMS) (Entered: 01/12/2001)

Jan. 10, 2001
7

REPLY MEMORANDUM OF LAW by EGW Temporaries Inc. to [6-1] opposition memorandum by EEOC (DMS) (Entered: 01/25/2001)

Jan. 24, 2001
8

REPLY AFFIDAVIT of Philip H. McIntyre on behalf of EGW Temporaries Inc. Re: [6-1] opposition memorandum by EEOC (DMS) (Entered: 01/25/2001)

Jan. 24, 2001
15

Motion hearing re: [2-1] motion to Dismiss by EGW Temporaries Inc.; court requires parties to obtain a settlement conference date from Magistrate Judge Scott to further discuss settlement before him. Said date obtained was 2/22/01. An additional status conference is scheduled for 3/5/01 at 09:00 a.m. before Judge Skretny to discuss status of case and to advise the Court whether or not it should resolve the pending Rule 19 issue - WMS (DMS) (Entered: 03/15/2001)

Feb. 1, 2001
9

ORDER: set Settlement Conference for 11:00 on 2/22/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 02/02/2001)

Feb. 2, 2001
11

Settlement conference held in chambers; a continued settlement conference has been scheduled on 3/2/01 at 11:00 a.m. - HBS (DMS) (Entered: 03/02/2001)

Feb. 22, 2001
10

ORDER: set Settlement Conference for 11:00 3/2/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 02/26/2001)

Feb. 26, 2001
12

Settlement conference held in chambers; a continued settlement conference has been scheduled for 3/9/01 at 03:00 p.m. by telephone - HBS (DMS) (Entered: 03/13/2001)

March 2, 2001
13

Settlement conference held in chambers; continued settlement conference has been scheduled for 3/9/01 at 03:00 p.m. by telephone - HBS (DMS) (Entered: 03/15/2001)

March 2, 2001
16

Status conference held re: defendant's motion to dismiss; counsel informs the court that a telephone conference is scheduled with Magistrate Judge Scott for 3/7/01; further settlement discussions to be held; Attorney McIntyre to advise the courtroom deputy of the date of scheduled discussions - WMS (DMS) (Entered: 03/22/2001)

March 5, 2001
14

Telephone settlement conference held in chambers; court has scheduled a 5/9/01 settlement conference at 10:00 a.m. at which the defendant's customer will be invited to attend. The parties will work through appropriate language for the invitation and in the interim will conduct examination of the document. EEOC will present it's position regarding settlement at the 5/9/01 conference - HBS (DMS) (Entered: 03/15/2001)

March 13, 2001

Settlement conference set on 10:00 5/9/01 (DMS) (Entered: 03/15/2001)

March 13, 2001
17

ORDER: set Settlement Conference for 10:00 5/9/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 03/22/2001)

March 22, 2001
18

ORDER: Settlement conference previously set for 5/9/01 has been rescheduled; set Settlement Conference for 11:00 5/31/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 05/09/2001)

May 8, 2001
20

Settlement conference held, continued settlement conference set for 6/27/01 at 2:00 pm. HBS (JMD) Modified on 07/31/2001 (Entered: 06/04/2001)

May 31, 2001
19

ORDER: set Settlement Conference for 2:00 6/27/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 06/01/2001)

June 1, 2001
21

Settlement conference held in chambers - a continued settlement conference has been set for 07/31/01 at 02:30 p.m. - HBS (DMS) Modified on 07/31/2001 (Entered: 07/05/2001)

June 27, 2001
22

ORDER: set Settlement Conference for 2:30 7/31/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) Modified on 07/31/2001 (Entered: 07/03/2001)

July 3, 2001
23

Settlement conference held in chambers; a continued settlement conference is set for 09/04/01 at 10:00 a.m. - HBS (DMS) Modified on 09/05/2001 (Entered: 08/03/2001)

July 31, 2001

Settlement conference set on 10:00 9/4/01 (DMS) (Entered: 08/03/2001)

July 31, 2001
24

ORDER: reset Settlement Conference for 10:00 9/4/01 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) Modified on 09/05/2001 (Entered: 08/06/2001)

Aug. 3, 2001
26

Settlement conference held in chambers. Parties have reached an agreement in principal regarding the formula for compensatory damages. The next conference will address issues regarding punitive damages and their proportion to the financial status of the invitees. A continued conference has been scheduled on 10/10/01 at 10:30 a.m. - HBS (DMS) (Entered: 10/03/2001)

Sept. 4, 2001

Settlement conference set on 10:30 10/10/01 (DMS) (Entered: 10/03/2001)

Sept. 4, 2001
25

ORDER: On September 14, 2001, this Court was advised by Judge Scott that the defendant would withdraw it's pending motion without prejudice to facilitate the continuance of settlement discussions; it is hereby ordered that defendant's [2-1] motion to Dismiss, [2-2] motion to Stay, and [2-3] motion for Joinder are deemed withdrawn without prejudice; ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Philip H. McIntyre, Andree M. Peart, Elizabeth Grossman (DMS) (Entered: 10/02/2001)

Sept. 30, 2001
27

ORDER: set Settlement Conference for 11:00 3/20/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 03/13/2002)

March 13, 2002
28

ORDER: reset Settlement Conference for 10:30 5/6/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 04/11/2002)

April 10, 2002
29

ORDER: Reset Settlement Conference for 10:30 8/5/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 07/03/2002)

July 3, 2002
30

Pre-trial telephone conference held. Rule 45 subpoena of examining physician. LGF (JMD) (Entered: 07/30/2002)

July 24, 2002
31

Settlement conference held. Case has settled in principal. Amount must be confimed with defendant. All parties and clients to appear at 2:00pm on 9/13/2 . Philip McIntyre will send confidential letter to the Court within a few days. HBS (JMD) (Entered: 08/07/2002)

Aug. 5, 2002

Settlement conference set on 2:00 9/13/02 (JMD) (Entered: 08/07/2002)

Aug. 5, 2002
32

ORDER, set continued Settlement Conference for 2:00 9/13/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMZ) (Entered: 08/14/2002)

Aug. 14, 2002
34

Minute entry/Continued settlement conference A continued Settlement Conference has been set for 11:00am on 10/18/02. HBS (JMD) Modified on 09/25/2002 (Entered: 09/25/2002)

Sept. 13, 2002
33

ORDER, set continued Settlement Conference for 11:00 10/18/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order to Philip H. McIntyre, Nora E. Curtin (DMZ) (Entered: 09/19/2002)

Sept. 18, 2002
35

ORDER: set Settlement Conference for 2:00 11/15/02 ( signed by USMJ Hugh B. Scott ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 10/22/2002)

Oct. 21, 2002
36

ORDER: set Settlement Conference for 8:00 2/5/03 ( signed by USMJ Victor E. Bianchini ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 01/27/2003)

Jan. 27, 2003
37

Settlement conference held; counsel for both parties and three non-parties appear for purposes of settlement conference. Matter settled between parties and non-parties present at conference and terms of agreement placed on record and will be reduced to writing - VEB (DMS) (Entered: 02/12/2003)

Feb. 5, 2003
38

Settlement conference held. Parties have reached global settlement agreement and have placed such agreement on the record. This agreement has been resolved without admission - Judge Bianchini (DMS) (Entered: 02/19/2003)

Feb. 5, 2003
39

ORDER: This Court having been advised by counsel for the parties that this case has been settled, it is ordered that plaintiff's case is dismissed . Further, the parties are directed to submit a stipulation of discontinuance on/before 06/02/03 ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (DMS) (Entered: 03/04/2003)

March 4, 2003

Case closed (DMS) (Entered: 03/04/2003)

March 4, 2003
40

TRANSCRIPT of Proceedings held before Magistrate Judge Bianchini on 02/05/03; pages 1-15 (DMS) (Entered: 04/10/2003)

April 9, 2003
41

NOTICE of Change of Address by plaintiff EEOC to New York District Office 33 Whitehall Street, 5th Floor, New York, NY 10004-2112 (JMD) (Entered: 05/22/2003)

May 21, 2003
42

MOTION by plaintiff EEOC to Amend [39-1] order for extension of time to submit settlement documents (JMD) (Entered: 05/22/2003)

May 21, 2003
43

ORDER granting [42-1] motion to Amend [39-1] order; Stipulation of Discontinuance shall now be filed on or before 8/1/03 (signed by USDJ William M. Skretny ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (SG) (Entered: 05/27/2003)

May 23, 2003
44

CONSENT MOTION by EEOC, EGW Temporaries Inc. for extension to file settlement documents. Time (CMD) (Entered: 08/04/2003)

Aug. 1, 2003
45

ORDER granting [44-1] joint motion for extension to file settlement documents by 8/15/03. (signed by USDJ William M. Skretny) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (CMD) (Entered: 08/08/2003)

Aug. 7, 2003
47

ORDER granting the parties [46-1] consent motion for Extension of Time to file settlement documents ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Philip H. McIntyre, Nora E. Curtin (JMD) (Entered: 08/29/2003)

Aug. 28, 2003
48

CONSENT DECREE. Signed by Judge William M. Skretny on 11/7/3. (JMD, ) (Entered: 11/10/2003)

Nov. 7, 2003
49

ORDER. The distribution of the Claim Fund is approved and the funds therein shall be distributed to the claimants identified in the Award Chart in the manner set forth therein and in the EEOC's letters. Signed by the Hon. William M. Skretny on 2/1/2005. (MEAL, ) (Entered: 02/04/2005)

Feb. 4, 2005

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: 2008

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

James Desiderio, Inc., Private Entity/Person

Festival Salad Corp., Private Entity/Person

Sorrento Cheese, Inc., Private Entity/Person

EQW Temporaries, Inc., 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

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: 335000

Order Duration: 2003 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits