Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: EEOC v. HORA, INC., d/b/a DAYS INN AND MARSHALL MANAGEMENT, INC.

2:03-cv-01429 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: March 6, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In March 2003, the Philadelphia Office of the EEOC filed this lawsuit against Hora, Inc., doing business as Days Inn, and Marshall Management, Inc., the company contracting to manage the facility, in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the complaining party to a sexually hostile work enviro…

In March 2003, the Philadelphia Office of the EEOC filed this lawsuit against Hora, Inc., doing business as Days Inn, and Marshall Management, Inc., the company contracting to manage the facility, in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the complaining party to a sexually hostile work environment and terminated her in retaliation for complaining about her treatment. Following some discovery and a settlement conference, the parties settled the lawsuit in December 2005 prior to a decision on defendant's motion for summary judgment.

A Consent Decree was entered in this case on December 8th, 2005. This Decree required the Defendant to: pay the charging party $12,000, expunge the charging party's employment record, keep the charging party's involvement in this suit confidential from potential employers, post notice of EEO rights, and provide training to its managers, superivors, owners, and Human Resource personnel. This Consent Decree further requires the Defendant to refrain from discrimination or retaliation, and is in effect for two years.

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

Summary Authors

Keri Livingston (1/27/2008)

Clearinghouse (12/24/2018)

Documents in the Clearinghouse

Document

05-05393

Docket [PACER - Court of Appeals]

EEOC v. Hora Inc, et al

U. S. Court of Appeals for the Third Circuit

June 29, 2007

June 29, 2007

Docket

2:03-cv-01429

Docket

EEOC v. Hora, Inc. et al

Sept. 13, 2007

Sept. 13, 2007

Docket
1

2:03-cv-01429

Complaint

EEOC v. Hora, Inc. d/b/a Day's Inn & Marshall Management, Inc.

March 6, 2003

March 6, 2003

Complaint
15

2:03-cv-01429

Complaint of Intervenor

EEOC v. Hora, Inc. d/b/a Day's Inn & Marshall Management, Inc.

Oct. 9, 2003

Oct. 9, 2003

Pleading / Motion / Brief
71

2:03-cv-01429

Order [Dismissing Case]

EEOC & Beverly v. Hora, Inc., et al

Oct. 14, 2005

Oct. 14, 2005

Order/Opinion
72

2:03-cv-01429

Consent Decree

EEOC v. Hora, Inc.

Dec. 9, 2005

Dec. 9, 2005

Settlement Agreement

Resources

Docket

Last updated Sept. 5, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against HORA, INC., MARSHALL MANAGEMENT, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(aam, ) Additional attachment(s) added on 3/10/2003 (ldb, ). (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (aam, ) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

Summons Issued as to HORA, INC., MARSHALL MANAGEMENT, INC..2 mailed To: Counsel on 3/6/03 (aam, ) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

2

UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF HOWARD K. KURMAND AND LAURA L. HOPPENSTEIN FILED BY MARSHALL MANAGEMENT, INC.,DECLARATIONS, CERTIFICATE OF SERVICE.(afm, ) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

3

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: MARTY STRAKA served Summons and Complaint upon Albert Arnold, Manager on behalf of HORA, INC. by PERSONAL SERVICE 3/26/2003, answer due 4/15/2003. (tj, ) (Entered: 04/10/2003)

April 10, 2003

April 10, 2003

4

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: BRIAN KEITH SPEED served Summons and Complaint upon Michael Marshall on behalf of MARSHALL MANAGEMENT, INC. by PERSONAL SERVICE on 3/19/2003, answer due 4/8/2003. (tj, ) (Entered: 04/10/2003)

April 10, 2003

April 10, 2003

5

ORDER THAT DEFENDANT'S MOTION FOR ADMISSION PRO HAC VICE OF HOWARD K. KURMAN AND LAURA L. HOPPENSTEIN IS GRANTED. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 4/11/03.4/15/03 ENTERED AND COPIES MAILED. (afm, ) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

6

STIPULATION AND ORDER THAT DEFENDANTS' HORA, INC. AND MARSHALL MANAGEMENT, INC. SHALL HAVE UNTIL 4/23/03 TO RESPOND TO PLAINTIFF'S COMPLAINT. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 4/11/03. 4/15/03 ENTERED AND COPIES MAILED.(afm, ) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

7

ANSWER to Complaint together with AFFIRMATIVE DEFENSES by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

Issue Joined (afm, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

8

ANSWER to Complaint by HORA, INC., Certificate of Service.(er, ) Additional attachment(s) added on 5/30/2003 (vw, ). (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

9

Disclosure Statement by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

10

Disclosure Statement, Certificate of Service by HORA, INC. (er, ) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

12

MOTION TO INTERVENE FILED BY MANESSTA BEVERLY, MEMORANDUM, CERTIFICATE OF SERVICE.(er, ) Additional attachment(s) added on 10/14/2003 (er, ). Additional attachment(s) added on 10/14/2003 (er, ). (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

13

JOINT RESPONSE TO MANESSTA BEVERLY'S MOTION TO INTERVENE FILED BY HORA, INC., MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

14

ORDER THAT THE MOTION TO INTERVENE BY MANESSTA BEVERLY IS GRANTED AND THE COMPLAINT ATTACHED TO MOTION SHALL BE FILED AND THE DEFENDANTS ARE DIRECTED TO RESPOND WITHIN 21 DAYS OF THIS ORDER.. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 10/7/03.10/8/03 ENTERED AND COPIES MAILED. (afm, ) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

15

Intervenor COMPLAINT , filed by MANESSTA BEVERLY with JURY DEMAND.(afm, ) Additional attachment(s) added on 10/14/2003 (er, ). (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

2 Summons Issued as to Intervenor Complaint HORA, INC., MARSHALL MANAGEMENT, INC.. Forwarded To: counsel on 10/9/03 (afm, ) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

16

ANSWER to Intervenor Complaint with AFFIRMATIVE DEFENSES by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

17

ANSWER to Complaint together with of Defendant, Hora, Inc., d/b/a Days Inn to Intervenor Manessta Beverly's Complaint with Jury Demand by HORA, INC. with Affirmative Defenses, Certificate of Service. (HOWE, ANDREW) Modified on 10/30/2003 (np). (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

18

CERTIFICATE OF SERVICE re: FIRST SET OF INTERROGATORIES TO INTERVENOR PLAINTIFFS MANESSTA BEVERLY AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ; FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO INTERVENOR PLAINTIFFS MANESSTA BEVERLY AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION was served via First Class Mail by MARSHALL MANAGEMENT, INC. (afm, ) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

19

NOTICE of Service of Discovery Responses by HORA, INC. Certificate of Service(stb, ) (Entered: 01/21/2004)

Jan. 20, 2004

Jan. 20, 2004

20

NOTICE of Appearance by SAMANTHA M. PEIRCE on behalf of HORA, INC. with Certificate of Service. (stb, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

21

STIPULATION AND ORDER THAT DISCOVERY IS EXTENDED UNTIL JULY 3, 2004. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 3/29/04. 3/30/04 ENTERED AND COPIES MAILED. (fdc) (Entered: 03/30/2004)

March 30, 2004

March 30, 2004

22

Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephonic Discovery Conference was conducted in this case on 4/21/04. The proceeding was not placed on the record. (ky, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

23

MOTION TO QUASH OR MODIFY SUBPOENA ISSUED ON BEHALF OF DEFENDANT, MARSHALL MANAGEMENT, INC. FOR PROTECTIVE ORDER AND FOR SANCTIONS AGAINST HOWARD K. KURMAN AND OFFIT KURMAN ATTORNEYS AT LAW BY DEBRA M RICHARDSON.MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE (EXHIBITS ATTACHED, 2 VOLUMES) (EXHIBIT 1 FILED UNDER SEAL)(stb, ) (Entered: 05/19/2004)

May 19, 2004

May 19, 2004

25

ORDER THAT THE MOTION FOR SANCTIONS AGAINST HOWARD K. KURMAN AND OFFIT, KURMAN IS DENIED; THE MOTION TO QUASH OR MODIFY SUBPOENA IS DENIED AS MOOT; THE MOTION FOR PROTECTIVE ORDER IS GRANTED IN PART AND DENIED IN PART, AND MOVANT'S COUNSEL SHALL IMMEDIATELY SUBMIT THE REDACTED, ALBEIT TRUNCATED, E−MAIL CORRESPONDENCE TO OPPOSING COUNSEL. SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 6/8/04.6/9/04 ENTERED AND COPIES MAILED.(er, ) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

26

Objections by DEBRA M RICHARDSON to order of MAGISTRATE JUDGE ARNOLD C. RAPOPORT ENTERED JUNE 9, 2004, Memorandum of Law in Support, Exhibits, Certificate of Service. (ky, ) (Entered: 06/24/2004)

June 24, 2004

June 24, 2004

27

Response to Objections of Debra M. Richardson to Order of Magistrate Judge Arnold C. Rapoport Entered June 9, 2004 by HORA, INC., Certificate of Service. (PEIRCE, SAMANTHA) Modified on 7/7/2004 (fh) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

28

Amended Certificate of Service by HORA, INC.(PEIRCE, SAMANTHA) Modified on 7/7/2004 (fh). (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

29

ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE FRANKLIN S. VAN ANTWERPEN TO JUDGE GENE E.K. PRATTER FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 7/7/04. 7/8/04 ENTERED AND COPIES MAILED AND FAXED.(mar, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

30

RESPONSE to OBJECTIONS OF DEBRA M. RICHARDSON TO ORDER OF MAGISTRATE JUDGE RAPOPORT ENTERED 6/9/04 by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

31

ORDER THAT UPON CONSIDERATION OF THE OBJECTIONS OF THE MOVANT, DEBRA M. RICHARDSON, TO THE JUNE 9, 2004 ORDER OF THIS COURT, AND THE RESPONSES THERETO, IT IS HEREBY ORDERED THAT THE OBJECTIONS ARE DENIED AS UNTIMELY PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 6 AND 72(a) AND THE LOCAL RULES OF CIVIL PROCEDURE 7.1(g) AND 72.1 IV(a). SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 7/13/04. 7/13/04 ENTERED AND COPIES MAILED AND FAXED.(ky, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

32

Objections to ORDER of MAGISTRATE JUDGE ARNOLD C. RAPOPORT entered 7/13/04 by DEBRA M RICHARDSON, MEMORANDUM, CERTIFICATE OF SERVICE. (afm, ) (Entered: 07/27/2004)

July 27, 2004

July 27, 2004

33

Response in opposition to Objections of Debra M. Richardson to Order of Magistrate Judge Arnold C. Rapoport Entered July 13, 2004 by HORA, INC., Certificate of Service. (Attachments: # 1 Exhibit) (PEIRCE, SAMANTHA) Modified on 8/3/2004 (np). (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

34

Response to Objections of DEBRA M. RICHARDSON to the ORDER OF MAGISTRATE JUDGE ARNOLD C. RAPOPORT entered 7/13/04 by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (Attachments: # 1 EXHIBIT 1# 2 COS) (afm, ) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

35

ORDER THAT THE OBJECTIONS OF DEBRA M. RICHARDSON TO ORDER OF MAGISTRATE JUDGE RAPOPORT WILL BE CONSIDERED AS A MOTION FOR RECONSIDERATION AND REFERRED TO MAGISTRATE JUDGE RAPOPORT.. SIGNED BY JUDGE GENE E.K. PRATTER ON 8/4/04. 8/6/04 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (Entered: 08/06/2004)

Aug. 5, 2004

Aug. 5, 2004

36

ORDER THAT MOVANT'S OBJECTIONS TO THE 7/13/04 ORDER OF THIS COURT AND THE RESPONSES THERETO ARE DENIED AND DEFENDANT'S REQUESTS FOR SANCTIONS AGAINST MOVANT AND HER COUNSEL ARE DENIED. SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 8/12/04. 8/12/04 ENTERED AND COPIES MAILED.(er, ) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

38

NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 12/15/2004 11:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

39

NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 1/4/2005 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

40

NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 2/10/2005 04:45 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

41

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Settlement Conference held on 2/10/05. (afm, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

42

SCHEDULING ORDER THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 5/3/2005 AT 09:30 AM IN CHAMBERS ROOM 5118; ANY MOTIONS FOR SUMMARY JUDGMENT DUE BY 3/18/2005; PLAINTIFF PRETRIAL MEMO DUE BY 4/15/2005; DEFENDANT PRETRIAL MEMO DUE BY 4/22/2005; THIS CASE WILL BE PLACED IN TRIAL POOL ON 5/10/2005.. SIGNED BY JUDGE GENE E.K. PRATTER ON 12/18/05. 2/22/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

43

JOINT MOTION TO DISQUALIFY JANA R. BARNETT, ESQUIRE AS COUNSEL FOR INTERVENTOR PLAINTIFF, MANESSTA BEVERLY FILED BY HORA, INC., MARSHALL MANAGEMENT, INC.,MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 EXHIBIT 1# 3 EXHIBIT 2# 4 EXHIBIT 3)(afm, ) (Entered: 03/09/2005)

March 8, 2005

March 8, 2005

44

MOTION FOR SUMMARY JUDGMENT FILED BY HORA, INC., MARSHALL MANAGEMENT, INC.,MEMORANDUM, STATEMENT OF MATERIAL FACTS, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 STATEMENT# 3 EXHIBIT 1# 4 EXHIBIT 10# 5 EXHIBIT 11# 6 EXHIBIT 12# 7 EXHIBIT 13# 8 EXHIBIT 14# 9 EXHIBIT 15# 10 EXHIBIT 16# 11 EXHIBIT 17# 12 EXHIBIT 18# 13 EXHIBIT 19# 14 EXHIBIT 2# 15 EXHIBIT 20# 16 EXHIBIT 21# 17 EXHIBIT 22# 18 EXHIBIT 23# 19 EXHIBIT 24# 20 EXHIBIT 25# 21 EXHIBIT 26# 22 EXHIBIT 27# 23 EXHIBIT 28# 24 EXHIBIT 29# 25 EXHIBIT 3# 26 EXHIBIT 30# 27 EXHIBIT 31# 28 EXHIBIT 32# 29 EXHIBIT 4# 30 EXHIBIT 5# 31 EXHIBIT 6# 32 EXHIBIT 7# 33 EXHIBIT 8# 34 EXHIBIT 9)(afm, ) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

45

RESPONSE to Motion re 43 MOTION to Disqualify Counsel filed by MANESSTA BEVERLY. (Attachments: # 1 Exhibit)(BARNETT, JANA) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

46

Letter RE: RESPONSE in Opposition re 43 MOTION to Disqualify Counsel Barnett filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (EDGE, DAWN) Modified on 4/1/2005 (np). (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

47

NOTICE of Hearing on Motion 43 MOTION to Disqualify Counsel: MOTION HEARING SET FOR 4/15/2005 09:15 AM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

48

Memorandum in Support of Opposition re 44 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Supplement) (EDGE, DAWN) Modified on 4/5/2005 (np). (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

49

RESPONSE to Motion re 44 MOTION for Summary Judgment (with response to facts and exhibits filed separately) filed by MANESSTA BEVERLY. (BARNETT, JANA) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

50

RESPONSE to Statement of Material Facts re 44 MOTION for Summary Judgment (Response to Facts, with exhibits sent to the Clerk) filed by MANESSTA BEVERLY. (BARNETT, JANA) Modified on 4/5/2005 (np). (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

52

ORDER THAT PRIOR TO THE HEARING THE PARTIES SHALL PROVIDE THE COURT WITH A COPY OF MS. BARNETT'S LETTER TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, DATED 11/18/02.. SIGNED BY JUDGE GENE E.K. PRATTER ON 4/14/05. 4/15/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

53

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Motion Hearing held on 4/15/05 re 43 MOTION to Disqualify Counsel filed by HORA, INC.,, MARSHALL MANAGEMENT, INC., (afm, ) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

54

Replacement Exhibit 29 to defendant's JOINT MOTION FOR SUMMARY JUDGMENT by HORA, INC., MARSHALL MANAGEMENT, INC... (afm, ) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

55

Memorandum (Supplemental) in Support of EEOC's Opposition to Defendants' Joint Motion to Disqualify Jana Barnett, Esq. re 43 MOTION to Disqualify Counsel Jana Barnett, Esq. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (EDGE, DAWN) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

56

RESPONSE in Opposition re 43 MOTION to Disqualify Counsel (Supplemental) filed by MANESSTA BEVERLY. (BARNETT, JANA) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

57

TRANSCRIPT of Proceedings held on 4/15/05 before Judge HONORABLE GENE E.K. PRATTER. Court Reporter: ESR. (afm, ) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

58

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR JOINT MOTION TO DISQUALIFY JANA R. BARNETT, ESQUIRE AS COUNSEL FOR INTERVENOR PLAINTIFF MANESSTA BEVERLY filed by HORA, INC., MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

59

MEMORANDUM AND ORDER THAT BECAUSE THE COURT FINDS VIOLATIONS OF PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT 4.2, 4.4 AND 8.4, CONSISTENT WITH THE REASONING DICUSSED IN THE ACCOMPANYING MEMORANDUM, JANA R. BARNETT IS DISQUALIFIED; ALL PARTIES SHALL HAVE UNTIL 9/1/05 TO FILE SUPPLEMENTAL MATERIAL WITH REGARD TO THE PENDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, ETC..... . SIGNED BY JUDGE GENE E.K. PRATTER ON 6/8/05.6/9/05 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

60

MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly filed by MANESSTA BEVERLY.Memorandum.(BARNETT, JANA) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

61

RESPONSE to Motion re 60 MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit in Support of EEOC's Response to Barnett Motion to Amend Order and Grant Certification)(EDGE, DAWN) (Entered: 06/28/2005)

June 28, 2005

June 28, 2005

62

RESPONSE in Opposition re 60 MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly and Certificate of Service filed by HORA, INC., MARSHALL MANAGEMENT, INC.. (Attachments: # 1 Exhibit Proposed Order for Response in Opposition to Motion# 2 Exhibit Affidavit of Andrew N. Howe, Esquire)(HOWE, ANDREW) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

63

REVISED SCHEDULING ORDER (JURY TRIAL) THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 11/4/2005 AT 09:15 AM IN CHAMBERS, ROOM 5118; PLAINTIFF PRETRIAL MEMO DUE BY 10/21/2005; DEFENDANT PRETRIAL MEMO DUE BY 10/28/2005; THIS CASE WILL BE PLACED ON THE COURT'S TRIAL POOL ON 11/15/2005.. SIGNED BY JUDGE GENE E.K. PRATTER ON 7/11/05. 7/12/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

65

NOTICE of Appearance by KAREN MARIE IBACH on behalf of MARSHALL MANAGEMENT, INC. with Certificate of Service (IBACH, KAREN) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

66

Memorandum (Supplemental) In Support re 44 MOTION for Summary Judgment and Certificate of Service filed by HORA, INC., MARSHALL MANAGEMENT, INC.. (HOWE, ANDREW) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

67

NOTICE of Hearing on Motion 44 MOTION for Summary Judgment: MOTION HEARING SET FOR 10/20/2005 04:30 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

68

NOTICE of Rescheduling Hearing on Motion 44 MOTION for Summary Judgment: MOTION HEARING SET FOR 10/28/2005 10:00 AM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

69

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 10/7/2005 03:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

70

NOTICE of Appearance by KEVIN I. LOVITZ on behalf of MANESSTA BEVERLY (afm, ) Additional attachment(s) added on 1/30/2006 (bj, ). (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

71

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b) 10/14/2005 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(rab, ) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

72

CONSENT DECREE THAT HORA, INC AND MARSHALL MANAGEMENT, INC. SHALL NOT ENGAGE IN ANY EMPLOYMENT PRACTICE WHICH RETALIATE IN ANY MANNER AGAINST ANY PERSON, INCLUDING MS. BEVERLY, BECUASE OF COOPERATION WITH THE EEOC WITH RESPECT TO THIS ACTION; HORA, INC AND MARSHALL MANAGEMENT, INC. AGEE TO PAY THE SUMM OF $12,000.00 TO MS. BEVERLY, ETC...; EACH PARTY TO BEAR OWN EXPENSES, COSTS AND ATTORNEY FEES; THIS CONSENT DECREE SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WIN THIS ACTION.. SIGNED BY JUDGE GENE E.K. PRATTER ON 12/8/05. 12/9/05 ENTERED AND COPIES MAILED.(afm, ) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

73

NOTICE OF APPEAL by MANESSTA BEVERLY. Filing fee $ 255, receipt number 5116. Copies to Judge, Clerk USCA, Appeals Clerk and All Counsel. (ky, ) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

74

Clerk's Notice to USCA re 73 Notice of Appeal. (ky, ) Additional attachment(s) added on 12/9/2005 (ky, ). (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

NOTICE of Docketing Record on Appeal from USCA re 73 Notice of Appeal filed by MANESSTA BEVERLY,. USCA Case Number 05−5393 (afm, ) (Entered: 12/15/2005)

Dec. 14, 2005

Dec. 14, 2005

75

Copy of TPO Form re 73 Notice of Appeal: (afm, ) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

76

Certified Copy of Judgment of USCA as to 73 Notice of Appeal filed by MANESSTA BEVERLY dated 06/29/2007 that the Order of the District Court entered on 06/08/2005, be and the same is hereby reversed, all in accordance with the opinion of the Court. Costs taxed against Appellees. (nda) (Entered: 08/21/2007)

Aug. 20, 2007

Aug. 20, 2007

77

ORDER OF USCA DATED 9/13/07 THAT THE ORDER OF THE DISTRICT COURT ENTERED ON 6/8/05, BE AND THE SAME IS HEREBY REVERSED, ALL IN ACCORDANCE WITH THE OPINION OF THIS COURT. COSTS TAXED AGAINST APPELLEES. (rf, ) (Entered: 09/14/2007)

Sept. 13, 2007

Sept. 13, 2007

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 6, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marshall Management, Inc. (Reading, Pennsylvania), Private Entity/Person

Hora, Inc. (Reading, Pennsylvania), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 12000

Order Duration: 2005 - 2007

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits