Case: EEOC v. JOSEPHTHAL & COMPANY INC. (fka JOSEPTHAL, LYONS & ROSS INC.)

1:98-cv-02342 | U.S. District Court for the District of Columbia

Filed Date: Sept. 29, 1998

Closed Date: Aug. 23, 2000

Clearinghouse coding complete

Case Summary

In September 1998, the Washington, D.C. (along with the Baltimore) office of the EEOC brought this Title VII suit against Josephthal & Co Inc. f/k/a Josephthal, Lyons & Ross Inc. in the U.S. District Court for the District of Columbia. According to the consent decree, the complaint alleged that the defendant subjected the claimants to a hostile work environment because of their race, sex, national origin, and religion. The case settled by entry of a consent decree in August 2000 after the defendant filed a motion to dismiss or in the alternative for summary judgment in March 1999.

The one year consent decree required the defendant to pay the claimants $330,000 in damages, provide to the EEOC for its review its current anti-discrimination and anti-harassment policies, allow the EEOC to attend one of its training programs, make reports on internal complaints to the EEOC, and refrain from discrimination.

Summary Authors

Kevin Wilemon (6/18/2007)


Attorneys(s) for Plaintiff

Guberman, Mark S. (District of Columbia)

Kiel, Gerald (Maryland)

Reams, Gwendolyn Young (District of Columbia)

Spicer, Tracy Hudson (District of Columbia)

Stewart, Clifford Gregory (New Jersey)

Attorneys(s) for Defendant

McCabe, Donald G. (New York)

Attorneys(s) for Plaintiff

Guberman, Mark S. (District of Columbia)

Kiel, Gerald (Maryland)

Reams, Gwendolyn Young (District of Columbia)

Spicer, Tracy Hudson (District of Columbia)

Stewart, Clifford Gregory (New Jersey)

Attorneys(s) for Defendant

McCabe, Donald G. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Josephthal & Co Inc

Aug. 23, 2000 Docket
42

Consent Decree

EEOC v. Josephthal & Co. Inc.

Aug. 23, 2000 Settlement Agreement

EEOC and Josephthal & Co., Inc. Settle Harassment Suit

EEOC v. Josephthal & Co. Inc.

No Court

Aug. 29, 2000 Press Release

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT filed by plaintiff EEOC; jury demand (tlh) (Entered: 09/30/1998)

Sept. 29, 1998

SUMMONS (1) issued for defendant JOSEPHTHAL & CO INC (tlh) (Entered: 09/30/1998)

Sept. 29, 1998
2

MOTION filed by plaintiff EEOC, defendant JOSEPHTHAL & CO INC to extend time to 12/24/98 to answer complaint [1-1] (tlh) (Entered: 11/17/1998)

Nov. 16, 1998
3

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 12/24/98 to answer complaint [1-1] [2-1] by JOSEPHTHAL & CO INC, EEOC ; Answer extended to 12/24/98 for JOSEPHTHAL & CO INC (N) (dcn) (Entered: 11/23/1998)

Nov. 19, 1998
4

MOTION filed by defendant JOSEPHTHAL & CO INC to dismiss complaint [1-1] , or in the alternative for summary judgment ; exhibits (14) (tlh) (Entered: 12/28/1998)

Dec. 24, 1998
5

RESPONSE by plaintiff EEOC in opposition to motion to dismiss complaint [1-1] [4-1] by JOSEPHTHAL & CO INC, motion for summary judgment [4-2] by JOSEPHTHAL & CO INC; exhibits (tlh) (Entered: 01/08/1999)

Jan. 7, 1999
6

REPLY by defendant JOSEPHTHAL & CO INC to response to motion to dismiss complaint [1-1] [4-1]; or in the alternative, for summary judgment [4-2] by JOSEPHTHAL & CO INC.; Exhibits (6). (ks) (Entered: 01/25/1999)

Jan. 22, 1999
7

MOTION filed by defendant JOSEPHTHAL & CO INC to strike all parts of the EEOC Affidavit regarding settlement negotiations and remedial measures. (ks) (Entered: 01/25/1999)

Jan. 22, 1999
8

RESPONSE by plaintiff EEOC in opposition to motion to strike all parts of the EEOC Affidavit regarding settlement negotiations and remedial measures. [7-1] by JOSEPHTHAL & CO INC . (ks) (Entered: 02/08/1999)

Feb. 5, 1999
9

REPLY by defendant JOSEPHTHAL & CO INC in support of its motion to strike all parts of the EEOC Affidavit regarding settlement negotiations and remedial measures. [7-1] by JOSEPHTHAL & CO INC (dam) (Entered: 02/12/1999)

Feb. 11, 1999
12

MOTION filed by plaintiff EEOC instanter to correct mischaracterizations of fact and law in defendant's reply memorandum to the commission's opposition to defendant's motion to dismiss or in the laternative for summary judgment ; Exhibits (2). (ks) (Entered: 02/22/1999)

Feb. 12, 1999
10

ORDER by Judge Henry H. Kennedy : referring motion to strike all parts of the EEOC Affidavit regarding settlement negotiations and remedial measures to Magistrate Judge (N) (dcn) (Entered: 02/19/1999)

Feb. 18, 1999

CASE REFERRED to Mag. Judge Deborah A. Robinson (MJ) for motion strike all parts of the EEOC affidavit regarding settlement negotiations and remedial measures (bcs) (Entered: 02/23/1999)

Feb. 18, 1999
11

MOTION filed by plaintiff EEOC to amend complaint [1-1] by EEOC ; Exhibits (4); EXHIBIT (AMENDED COMPLAINT) (ks) (Entered: 02/22/1999)

Feb. 19, 1999
13

MOTION filed by defendant JOSEPHTHAL & CO INC to strike motion instanter to correct mischaracterizations of fact and law in defendant's reply memorandum to the commission's opposition to defendant's motion to dismiss or in the laternative for summary judgment [12-1] (dot) (Entered: 03/01/1999)

Feb. 26, 1999
14

RESPONSE by defendant JOSEPHTHAL & CO INC in opposition to plaintiff's request for expedited hearing. (ks) (Entered: 03/03/1999)

March 2, 1999
15

RESPONSE by plaintiff EEOC in opposition to motion to strike motion instanter to correct mischaracterizations of fact and law in defendant's reply memorandum to the commission's opposition to defendant's motion to dismiss or in the laternative for summary judgment [12-1] [13-1] by JOSEPHTHAL & CO INC . (tb) (Entered: 03/10/1999)

March 9, 1999
16

ORDER by Judge Henry H. Kennedy : granting motion to amend complaint nunc pro tunc 2/19/99[1-1] by EEOC [11-1] by EEOC (N) (dcn) (Entered: 03/12/1999)

March 12, 1999
17

MOTION filed by defendant JOSEPHTHAL & CO INC to dismiss amended complaint , or, in the alternative for summary judgment ; (fiat) J. KENNEDY; exhibits (3) (tb) (Entered: 03/15/1999)

March 15, 1999
19

RESPONSE by plaintiff EEOC in opposition to motion to dismiss amended complaint [17-1] or, in the alternative, for summary judgment [17-2] by JOSEPHTHAL & CO INC; exhibits (3) . (jf) (Entered: 03/22/1999)

March 19, 1999
20

MOTION (UNOPPOSED) filed by defendant JOSEPHTHAL & CO INC to extend time to file reply memorandum in support of motion to dimiss, or in the alternative, for summary judgment (tb) (Entered: 03/24/1999)

March 24, 1999
21

ORDER by Judge Henry H. Kennedy : granting motion to extend time to file reply memorandum in support of motion to dimiss, or in the alternative, for summary judgment [20-1] by JOSEPHTHAL & CO INC reply to motion for summary judgment due by 4/2/99 ; (N) (dcn) (Entered: 03/26/1999)

March 26, 1999
22

REPLY by defendant JOSEPHTHAL & CO INC in support of motion to dismiss amended complaint [17-1] by JOSEPHTHAL & CO INC, motion for summary judgment [17-2] by JOSEPHTHAL & CO INC; exhibit (1) (tb) (Entered: 04/05/1999)

April 2, 1999
23

MEMORANDUM by plaintiff EEOC to notify court of new judicial decision relevant to matters pending before this court; Exhibit. (lkn) (Entered: 05/07/1999)

May 6, 1999
24

ORDER by Mag. Judge Deborah A. Robinson (MJ) : denying defendant's motion to strike all parts of the EEOC Affidavit regarding settlement negotiations and remedial measures. [7-1] by JOSEPHTHAL & CO INC (N) (bh) (Entered: 05/19/1999)

May 19, 1999
25

MOTION (UNOPPOSED) filed by defendant JOSEPHTHAL & CO INC to extend time to file a response to plaintiff's memorandum to notify court of new judicial decision relevant to matters pending before this court ; EXHIBIT (RESPONSE) (tb) Modified on 05/26/1999 (Entered: 05/26/1999)

May 25, 1999
26

ORDER by Judge Henry H. Kennedy : granting motion to extend time to file a response to plaintiff's memorandum to notify court of new judicial decision relevant to matters pending before this court [25-1] by JOSEPHTHAL & CO INC (N) (dcn) (Entered: 05/27/1999)

May 27, 1999
27

RESPONSE (OPPOSITIONS) by defendant JOSEPHTHAL & CO INC to notice [23-1] by EEOC (tb) (Entered: 06/01/1999)

May 27, 1999
28

MOTION filed by defendant JOSEPHTHAL & CO INC for reconsideration of order [24-1] ; (fiat) J. KENNEDY (tb) (Entered: 06/09/1999)

June 7, 1999
30

REPLY by defendant JOSEPHTHAL & CO INC to motion for reconsideration of order [24-1] [28-1] by JOSEPHTHAL & CO INC (tb) (Entered: 06/28/1999)

June 25, 1999
31

MOTION filed by plaintiff EEOC referring case for court sponsored mediation (tb) Modified on 07/30/1999 (Entered: 07/30/1999)

July 29, 1999
32

ATTORNEY APPEARANCE for plaintiff EEOC by Mark Seth Guberman (tb) (Entered: 07/30/1999)

July 29, 1999
33

ORDER by Judge Henry H. Kennedy: granting motion referring case for court sponsored mediation [31-1] by EEOC Mediation to be concluded by 10/20/99; counsel and the parties including persons with settlement authority, attend the mediation sessions; that the first mediation session take place three weeks after the mediator is assigned; the the Clerk of the Court is directed to furnish a copy of this order to the Circuit Executive for the purpose of assigning a mediator; if the case settles in whole or in part, counsel shall promptly advise the Court of the settlement by filing a stipulation. (N) (dam) (Entered: 08/06/1999)

Aug. 6, 1999

CASE referral ended Mag. Judge Deborah A. Robinson (MJ) (bh) (Entered: 09/24/1999)

Sept. 15, 1999

REASSIGNMENT OF CIVIL CASE from Judge Kennedy to Judge Ellen S. Huvelle by direction of the Calendar Committee. Emergency matters will continue to be handled by Judge Kennedy until Judge Huvelle takes the oath of office. (N) (jeb) (Entered: 12/22/1999)

Dec. 22, 1999
34

ATTORNEY APPEARANCE for defendant JOSEPHTHAL & CO INC by Mark James Biros (tth) (Entered: 01/12/2000)

Jan. 10, 2000
35

MOTION filed by defendant JOSEPHTHAL & CO INC to withdraw Mary E. Pivec as attorney for JOSEPHTHAL & CO INC (tth) (Entered: 01/12/2000)

Jan. 11, 2000
36

MOTION (PRAECIPE) filed by defendant JOSEPHTHAL & CO INC for Paul Salvatore, to appear pro hac vice ( Proskauer Rose LLP, 1585 Broadway, New York, NY 10036, (212) 969-3000) (tth) Modified on 01/18/2000 (Entered: 01/18/2000)

Jan. 14, 2000
37

MOTION (PRAECIPE) filed by defendant JOSEPHTHAL & CO INC for James Beach, to appear pro hac vice ( Proskauer Rose LLP, 1585 Broadway, New York, NY 10036, (212) 969-3000) (tth) Modified on 01/18/2000 (Entered: 01/18/2000)

Jan. 14, 2000
38

ORDER by Judge Ellen S. Huvelle: granting motion to withdraw Mary E. Pivec as attorney for JOSEPHTHAL & CO INC [35-1] by JOSEPHTHAL & CO INC (N) (gdf) (Entered: 02/08/2000)

Feb. 4, 2000
39

ORDER by Judge Ellen S. Huvelle : granting motion for James Beach, to appear pro hac vice ( Proskauer Rose LLP, 1585 Broadway, New York, NY 10036, (212) 969-3000) [37-1] by JOSEPHTHAL & CO INC, granting motion for Paul Salvatore, to appear pro hac vice ( Proskauer Rose LLP, 1585 Broadway, New York, NY 10036, (212) 969-3000) [36- 1] by JOSEPHTHAL & CO INC (N) (gdf) (Entered: 04/13/2000)

April 12, 2000
40

NOTICE OF FILING by plaintiff EEOC, defendant JOSEPHTHAL & CO INC (PRAECIPE) to the Court RE: the filing of the attached consent decree which was sent to chambers for reviewing (bjsp) (Entered: 07/28/2000)

July 27, 2000
41

STIPULATION OF DISMISSAL with prejudice of case by plaintiff EEOC, defendant JOSEPHTHAL & CO INC . (gdf) (Entered: 08/11/2000)

Aug. 7, 2000
42

CONSENT DECREE by Judge Ellen S. Huvelle: (N) (gdf) (Entered: 08/24/2000)

Aug. 23, 2000

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 29, 1998

Closing Date: Aug. 23, 2000

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

Josephthal & Co., 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: 330000

Order Duration: 2000 - 2001

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits