Case: EEOC v. MAGGIE'S PARATRANSIT CORP. AND KENN

1:03-cv-06087 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 3, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In December 2003, the EEOC's New York City office filed this suit in the U.S. District Court for the Eastern District of New York against Maggie's Para Transit Corp. alleging violations Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the defendant had, through its agents, sexually harassed a number of females and retaliated against two of them by firing one and disciplining another for complaining. The allegations of sexual harassment included grievous verbal an…

In December 2003, the EEOC's New York City office filed this suit in the U.S. District Court for the Eastern District of New York against Maggie's Para Transit Corp. alleging violations Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the defendant had, through its agents, sexually harassed a number of females and retaliated against two of them by firing one and disciplining another for complaining. The allegations of sexual harassment included grievous verbal and physical incidents, including rape. The defendant moved to dismiss the EEOC's allegation that the harassment was part of a pattern and practice, and the motion was granted in part and denied in part. The parties were referred to mediation in November 2004 and returned to the court with a favorable settlement in January 2005.

The court approved a consent decree May 2005. The decree ordered the defendant to pay $110,000 to six different complainants. Further, the defendant was enjoined from discriminating or retaliating in the future and required to develop and institute training procedures and follow compliance, reporting requirements and grant access to its facilities to the EEOC for the purpose of monitoring compliance.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Shankar Viswanathan (8/7/2007)

Clearinghouse (12/27/2018)

Documents in the Clearinghouse

Document

1:03-cv-06087

Docket [PACER]

EEOC v. Maggie's Para Transit Corp.

May 26, 2005

May 26, 2005

Docket
9

1:03-cv-06087

Amended Complaint

EEOC v. Maggie's Para Transit Corporation

March 19, 2004

March 19, 2004

Complaint
28

1:03-cv-06087

Memorandum and Order [Re Motion to Dismiss]

EEOC v. Maggie's Para Transit Corporation

Nov. 30, 2004

Nov. 30, 2004

Order/Opinion

1:03-cv-06087

Memorandum & Order [Re Interlocutory Appeal]

EEOC v. Maggie's Para Transit Corporation

Jan. 6, 2005

Jan. 6, 2005

Order/Opinion
41

1:03-cv-06087

Consent Decree

EEOC v. Maggie's Para Transit Corporation

May 26, 2005

May 26, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5381820/united-states-equal-employment-commission-v-maggies-para-transit-corp/

Last updated Aug. 24, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Maggie's Para Transit Corp., filed by United States Equal Employment Commission. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 12/04/2003)

Dec. 3, 2003

Dec. 3, 2003

2

NOTICE of Appearance by Elizabeth Anne Grossman on behalf of United States Equal Employment Commission. (Lee, Tiffeny) (Entered: 12/16/2003)

Dec. 3, 2003

Dec. 3, 2003

3

SCHEDULING ORDER:Initial conference scheduled for 4/6/04 @ 11:00 a.m.Signed by Judge Steven M. Gold on 02/02/2004. (Attachments: # 1)(Vasquez, Lea) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

17

Letter dated 2/3/04 from Jeffrey Pollack to Judge Garaufis requesting a conference regarding an intent to file a motion to dismiss plaintiff's pattern and practice allegations and claims. (Black, Amanda) (Entered: 06/02/2004)

Feb. 6, 2004

Feb. 6, 2004

7

NOTICE of Attorey Appearance by Lauren Dreilinger o/b/o United States Equal Employment Commission. (Lee, Tiffeny) (Entered: 03/17/2004)

Feb. 10, 2004

Feb. 10, 2004

4

Letter MOTION to Dismiss Requested by Maggie's Para Transit Corp.. (Stein, Jerald) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

5

NOTICE of Appearance by Jerald M. Stein on behalf of Maggie's Para Transit Corp. (Attachments: # 1 Supplement Notice of Filing# 2 Supplement Certificate of Service)(Stein, Jerald) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

6

Minute Entry for proceedings held before Nicholas G. Garaufis: Pre Motion Conference held on 3/1/2004. Dft may make Rule 12(b)(6) motion to dismiss the Pattern or Pradle claims. Motion due 3/31/2004; Pltt's Opposition due 5/7/2004; Dft's Reply by 5/21/2004. (ESR: A. Dandridge) (Lee, Tiffeny) (Entered: 03/08/2004)

March 1, 2004

March 1, 2004

8

ORDER extending time of defendant to answer to fourteen (14) days after the pre-motion conference is held. Signed by Judge Nicholas G. Garaufis on Feb 23, 2004. c/emailed(Lee, Tiffeny) (Entered: 03/19/2004)

March 1, 2004

March 1, 2004

Case set to ECF status. All civil actions before this Judge are ECF matters. It is MANDATORY that you file all original documents electronically and forward a hard copy, labeled courtesy copy, to chambers. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov. (Lee, Tiffeny) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

9

AMENDED COMPLAINT against Maggie's Para Transit Corp., filed by United States Equal Employment Commission. (Attachments: # 1 # 2)(Dreilinger, Lauren) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

10

NOTICE of Appearance by Jeffery D. Pollack on behalf of Maggie's Para Transit Corp. (Attachments: # 1 Notice of Filing# 2 Certificate of Service)(Pollack, Jeffery) (Entered: 03/29/2004)

March 29, 2004

March 29, 2004

11

ORDER approving briefing schedule of defendant's motionto dismiss as follows: defendant's motion 4/16; plaintiff's opposition 5/21; defendant's reply 6/4. Signed by Judge Nicholas G. Garaufis on 3/24/2004. Endorsed on 3/22/2004 letter from Jeffrey D. Pollack, Esq. to Judge Garaufis. c/em(Lee, Tiffeny) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

12

ORDER granting application for the re-scheduling of scheduling conference. (new date not specified in this order) Signed by Judge Steven M. Gold on 4/7/2004. Endorsed on 4/5/2004 letter of Lauren G. Dreilinger, Esq.(Lee, Tiffeny) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

13

Letter from Jeff Pollack to Lauren Dreilinger Regarding Motion to Dismiss. (Pollack, Jeffery) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

14

SCHEDULING ORDER: Initial Conference set for 5/4/2004 11:00 AM in Courtroom A before Magistrate-Judge Steven M. Gold.. Signed by Judge Steven M. Gold on 04/16/2004. (Vasquez, Lea) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

16

Letter dated 4/5/04 from Lea D.Vasquez to Counsel Regarding status conference will be re-scheduled from 4/6/04 only if the motion is denied. (Drayton, Lorraine) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

23

ORDER granting application that the 5/7/2004 conference be adjourned to 6/4/2004 @ 2:30 p.m. Signed by Judge Steven M. Gold on 5/3/2004. Endorsed on 5/3 letter form Jeral Stein, Esq.(Lee, Tiffeny) (Entered: 07/01/2004)

May 10, 2004

May 10, 2004

18

Notice of MOTION to Dismiss Pattern or Practice Claims by Maggie's Para Transit Corp.. Responses due by 5/21/2004 (Stein, Jerald) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

19

AFFIDAVIT in Opposition re 18 Notice of MOTION to Dismiss Pattern or Practice Claims filed by United States Equal Employment Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit)(Stein, Jerald) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

20

REPLY to Response to Motion re 18 Notice of MOTION to Dismiss Pattern or Practice Claims filed by Maggie's Para Transit Corp.. (Stein, Jerald) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

21

RESPONSE in Opposition re 18 Notice of MOTION to Dismiss Pattern or Practice Claims filed by United States Equal Employment Commission. (Attachments: # 1 Supplement Opposition to Motion to Dismiss (continued))(Stein, Jerald) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

Minute Entry for proceedings held before Steven M. Gold : Initial Conference Hearing held on 6/4/2004. Dreilinger for plaintiff, Pollack and Stein for defendant. Parties' proposed schedule adopted, with the understanding that revisions will likely be necessary once defendant's pending motion to dismiss certain aspects of the case is decided. Discovery will proceed while the motion is pending, but focused upon the allegations made by the named charging parties pending resolution of the motion or further order of the court. Defendant shall, however, promptly provide an updated list of employee names and addresses, specifically indicating if contacting any of the employees listed would be claimed to violate the attorney-client privilege. NEXT CONFERENCE: OCTOBER 28, 2004 AT 11 AM. (Court Reporter n/a.) SO ORDERED(Gold, Steven) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

22

Letter dated 3/15/04 from Jeffrey D. Pollack Esq. to USDJ Garaufis informing the court that they may request modification of the briefing schedule once the amended complaint is reviewed. (Williams-Jackson, Sandy) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

Case reassigned to Judge Kiyo A. Matsumoto. Judge Steven M. Gold no longer assigned to the case. (Bowens, Priscilla) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

24

Letter from Maggies' counsel to Magistrate Judge Matsumoto Regarding proposed revised scheduling order. (Attachments: # 1 Text of Proposed Order No. 2)(Stein, Jerald) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

Minute Entry for status conference before Kiyo A. Matsumoto on 11/9/2004. Plaintif appeared by Michael Ranis, Esq. and defendant appeared by Jeffrey Pollack, Esq. and Jerald Stein, Esq. The defendant has filed a motion to dismiss the pattern and practice claims. Discovery is proceeding pursuant to the revised scheduling order which will remain in effect. Plaintiff will initiate a telephone status conference on 1/13/05 at 3:00 p.m., during which the plaintiff will state whether it will utilize an expert. The parties have also requested that the case be referred for mediation, to be scheduled on or after 12/15/04. The parties shall advise the undersigned Magistrate Judge of the outcome of the defendant's motion to dismiss and the mediation so that any necessary adjustments may be made to the discovery schedule. (Matsumoto, Kiyo) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 12/31/2004. The parties are to contact the Alternative Dispute Resolution Department for further instruction regarding mediation. Signed by Judge Kiyo A. Matsumoto on 11/9/04. (Kabrawala, Ameet) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

26

Case referred to MEDIATION. The PARTIES are offered the option of: a) using a mediator from the courts panel; b) selecting a mediator on their own; or c) seeking the assistance of a reputable ADR organization in the selection of a Mediator. All parties, or a principal of a party, with authority to settle, are directed to attend the mediation sessions. MEDIATION Instructions sent to Counsel. Letter of Instructions document ATTACHED. COUNSELS are to schedule the mediation and confirm in writing by 11/24/2004 to Gerald P. Lepp, ADR Administrator, the name of the mediator and the date of the first mediation session. COUNSELS are to confer with each other and to speak with the Mediator in selecting a Mediator and the Mediation session date(s). See the attached instructions. See the web pages: http://www.nyed.uscourts.gov/adr/ http://www.nyed.circ2.dcn/dadr/ (Lepp, Gerald)(dc) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

27

First MOTION for Leave to Appear Notice of Appearance by United States Equal Employment Commission. (Attachments: # 1 Notice of Appearance)(Ranis, Michael) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

28

MEMORANDUM & ORDER granting in part and denying in part Defendant's 18 Motion to Dismiss. Signed by JudgeNicholas G. Garaufis on 11/29/2004. c/m-chambers (Lee, Tiffeny) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

SELECTION OF MEDIATOR Robert Lewis rep by Robert Lewis selected as Mediator.The first mediation session is scheduled for 12/15/04 at 9:30AM in the Offices of the Equal Employment Opportunity Commission, 33 Whitehall Street, 11th floor, New York, NY 10004. Counsel must file with the Mediator: (1) immediately, their client's Complaint or Answer; and (2) by 12/10/04, their client's Mediation Statement outlining facts, legal issues, settlement discussions and any proposed new approaches and the name and title of the client representative with full settlement authority who will attend the mediation session in person. Attendance in person is required of the Trial Attorney, Insurance Adjustor, and client representative with full settlement authority. The Mediator's contact information is: Robert Lewis, Esq., 20 Sinclair Drive, Kings Point, NY 11024-1622; telephone (516) 482-1448; email address "Lewis 202@optonline.net".Report of Mediation due by 12/30/2004.(Lepp, Gerald) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

29

ANSWER to Amended Complaint by Maggie's Para Transit Corp..(Pollack, Jeffery) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

30

Notice of MOTION for Certificate of Appealability via Interlocutory Appeal by Maggie's Para Transit Corp.. (Attachments: # 1 Memorandum of Law In Support of Motion to Permit Interlocutory Appeal# 2 Certificate of Service)(Stein, Jerald) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

31

Letter from Jeff Pollack to Magistrate Matsumoto Regarding Scheduling Order. (Pollack, Jeffery) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

32

RESPONSE in Opposition re 30 Notice of MOTION for Certificate of Appealability via Interlocutory Appeal filed by all defendants. (Graziano, Louis) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

33

SCHEDULING ORDER NO. 3: Discovery end 3/2/2005. Dispositve motions due by 4/18/2005. Opposition by 5/18/2005. Replies by 6/20/2005. The telephone conference scheduled for 1/13/2005 shall proceed as scheduled. Plaintiff to initiate. Signed by Judge Kiyo A. Matsumoto on 12/16/2004. (Lee, Tiffeny) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

REPORT of Mediation. This case has settled after a mediation session on 12/15/04. Counsel will forward the assigned judges a stipulation of discontinuance.Attorney Questionnaires due by 1/20/2005.(Lepp, Gerald) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

ORDER: Because the parties have reached a settlement in this action, the telephone conference scheduled for 1/13/2005 is adjourned without date. The parties are directed to submit a fully executed original stipulation of dismissal to District Judge Garaufis by 1/31/05. So Ordered. Signed by Judge Kiyo A. Matsumoto on 1/7/05. (Kabrawala, Ameet) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

34

Letter from Jeff Pollack to Judge Garaufis Regarding Tentative settlement. (Pollack, Jeffery) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

35

MEMORANDUM & ORDER denying Maggies Paratransit Corp's 30 Motion for Certificate of Appealability. Signed by JudgeNicholas G. Garaufis on 1/6/2005. (Lee, Tiffeny) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

36

ENDORSED ORDER granting application. Consent decree shall be filed on or before April 1, 2005. Parties are reminded that this is an ECF case. So Ordered. Signed by Judge Kiyo A. Matsumoto on 2/16/2005. (Lee, Tiffeny) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

ORDER re docket no. 36: Without explantion, the parties have failed to comply with this Court's Order dated 2/16/05. Accordingly, the parties shall comply on or before 4/7/05. So Ordered. Signed by Judge Kiyo A. Matsumoto on 4/4/05. (Kabrawala, Ameet) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

38

Letter MOTION for Extension of Time to File Consent Decree by United States Equal Employment Commission. (Ranis, Michael) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

ORDER granting 38 Motion for Extension of Time to File Consent Decree. Consent Decree shall be filed on or before 4/29/05. So Ordered by JudgeKiyo A. Matsumoto on 4/19/05. (Kabrawala, Ameet) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

39

Letter from Counsel for Defendant to Magistrate Judge Matsumoto Regarding filing of Consent Decree. (Stein, Jerald) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

ORDER re 39 Letter dated 4/27/05: Consent Decree shall be filed on or before 5/20/05. So Ordered by Judge Kiyo A. Matsumoto on 4/28/05. (Kabrawala, Ameet) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

40

SETTLEMENT AGREEMENT Is Consent Decree btw. Parties by United States Equal Employment Commission. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Ranis, Michael) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

41

Consent Decree; Ordered by Judge Nicholas G. Garaufis on May 20, 2005. (case closed)(Lee, Tiffeny)

May 26, 2005

May 26, 2005

RECAP

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 3, 2003

Closing Date: 2007

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

Maggie's Para Transit Corp., 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

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: 110000

Order Duration: 2005 - 2007

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits