Case: EEOC v. U.S. Aluminum

Equal Employment Opportunity Commission v. U.S. Aluminum

EEOC v. U.S. Aluminum, INC.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against U.S. ALUMINUM, INC., UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668 ( Filing fee $ 0 receipt number -.) jury demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tp ) (Entered: 08/14/2006)

Summons Issued as to U.S. ALUMINUM, INC., UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668.Days Due - 20. (mailed to counsel ) (ck, ) (Entered: 08/16/2006)

AMENDED COMPLAINT with jury trial demand against all defendants all defendants., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(BATOG, KONRAD) (Entered: 10/17/2006)

ANSWER to Amended Complaint, CROSSCLAIM against U.S. ALUMINUM, INC. by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668. (Attachments: # 1 Certificate of Service (by ECF and Mail))(MCGOVERN, ROBERT) (Entered: 10/24/2006)

ANSWER to Amended Complaint by U.S. ALUMINUM, INC.. (Attachments: # 1 Certification of Local Civil Rule 11.2# 2 Statement of Disclosure Pursuant to Federal Rule of Civil Procedure 7.1# 3 Certificate of Service)(CASTELLO, GEOFFREY) (Entered: 10/26/2006)

ORDER Scheduling a rule 16 Conference set for 1/16/2007 2:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 11/3/06. (Attachments: # 1 ADR MEMO)(mm) (Entered: 11/04/2006)

MOTION for Leave to File Second Amended Complaint by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT# 2 Brief IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT# 3 Text of Proposed Order # 4 PROPOSED SECOND AMENDED COMPLAINT# 5 Certificate of Service)(BATOG, KONRAD) (Entered: 12/12/2006)

Set Deadline - 7 MOTION for Leave to File Second Amended Complaint set for 1/16/2007, 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni (Please note pursuant to Fed. R. Civ. P. 78 and Local Rule 7.1(B)(4) no oral argument will be held in this matter and parties should not appear unless specifically directed to do so by this Court)(DH)

LETTER ORDER re: postponement of scheduling conference, Signed by Judge Tonianne J. Bongiovanni on 12/18/06 (DH) (Entered: 12/20/2006)

RESPONSE in Opposition re 7 MOTION for Leave to File Second Amended Complaint TO ADD U.S. BRONZE POWDERS, INC. AS A DEFENDANT filed by U.S. ALUMINUM, INC., U.S. ALUMINUM, INC.. (Attachments: # 1 Affidavit OF EUGENE T. D'ABLEMONT# 2 Affidavit OF VINCENT VACCARO)(CASTELLO, GEOFFREY) (Entered: 01/02/2007)

REPLY to Response to Motion re 7 MOTION for Leave to File Second Amended Complaint filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Declaration in Support of EEOC's Memorandum of Law in Reply to Defendant U.S. Aluminum's Opposition to EEOC's Motion for Leave to File Second Amended Complaint)(BATOG, KONRAD) (Entered: 01/09/2007)

Letter from Defendant, U.S. Aluminum, Inc.. (Attachments: # 1 Text of Proposed Order /CONSENT ORDER# 2 Declaration of Eugene D'Ablemont in Support of Motion for Pro Hac Vice)(CASTELLO, GEOFFREY) (Entered: 01/12/2007)

ORDER admitting Eugene D'Abelmont, Esq. pro hac vice on behalf of the defendants. Signed by Judge Tonianne J. Bongiovanni on 1/29/07. (ck, ) (Entered: 01/29/2007)

Letter from Robert T. McGovern, Esq.. (Attachments: # 1 (Proposed) Consent Order Admitting Lowell Peterson, Esq. pro hac vice# 2 Supporting Affidavit of Robert T. McGovern, Esq.)(MCGOVERN, ROBERT) (Entered: 02/06/2007)

Pro Hac Vice fee: for Eugene D'Ablemont, Esq. $ 150, receipt number 343632 (lk)

ORDER granting pro hac vice admission of Lowell Peterson, Signed by Judge Tonianne J. Bongiovanni on 2/15/07 (DH) (Entered: 02/16/2007)

Pro Hac Vice fee: for Lowell Peterson, Esq. $ 150, receipt number 355787 (lk)

ORDER granting 7 Motion for Leave to File a Second Amended complaint by 5/29/07. Signed by Judge Tonianne J. Bongiovanni on 5/21/07. (ck) (Entered: 05/22/2007)

AMENDED COMPLAINT Second Amended Complaint against all defendants all defendants., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(BATOG, KONRAD) (Entered: 05/29/2007)

CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re 16 Amended Complaint (BATOG, KONRAD) (Entered: 05/29/2007)

Answer to Second Amended Complaint ANSWER to Amended Complaint, CROSSCLAIM against U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC. by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668.(MCGOVERN, ROBERT) (Entered: 05/30/2007)

CLERK'S QUALITY CONTROL MESSAGE: Regarding Document 16 Second Amended Complaint filed by K. Batog, Esq. on 5/29/07 contained a new defendant. Counsel did not add this party to the docket at the time of filing, therefore the Clerk will correct this error and add them to the docket. (lk)

ORDER Scheduling a rule 16 Conference set for 8/13/2007 2:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Judge Tonianne J. Bongiovanni on 6/5/07. (Attachments: # 1 ADR MEMO)(mm) (Entered: 06/05/2007)

ANSWER to Complaint (Second Amended), First CROSSCLAIM against UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668 by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC..(CASTELLO, GEOFFREY) (Entered: 06/15/2007)

US Aluminum, Inc. ANSWER to Crossclaim of United Automobile, Aerospace & Agricultural Implement Workers of America Local 1668 by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC..(CASTELLO, GEOFFREY) (Entered: 06/18/2007)

ANSWER to Crossclaim set forth in the Answer to the Second Amended Complaint of of Defendants U.S. Aluminum by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668.(MCGOVERN, ROBERT) (Entered: 06/19/2007)

REPLACES DOCKET # 22 ANSWER to Complaint Answer To Crossclaim set forth in the Answer to the Second Amended Complaint of Defendants U.S. Aluminum by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668.(MCGOVERN, ROBERT) (Entered: 06/20/2007)

CLERK'S QUALITY CONTROL MESSAGE: Document 22 Answer submitted by ROBERT MCGOVERN, ESQ. on 6/19/07 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE BY 6/22/07. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only (ck, )

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 8/13/2007. (mm)

PRETRIAL SCHEDULING ORDER: Settlement Conference set for 9/21/2007 1:00 PM before Magistrate Judge Tonianne J. Bongiovanni Signed by Judge Tonianne J. Bongiovanni on 8/14/2007. (ss, ) Modified on 8/15/2007 (ss, ). (Entered: 08/14/2007)

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Settlement Conference held on 9/21/2007. (mm)

SCHEDULING ORDER:Motions due by 10/26/2007.. Signed by Judge Tonianne J. Bongiovanni on 9/24/07. (lk) (Entered: 09/24/2007)

MOTION for Summary Judgment Notice of Motion for Summary Judgment by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668.Responses due by 11/19/2007 (Attachments: # 1 Rule 56 Statement of Material Issues Not In Dispute On Behalf of United Automobile, Aerospace & Agricultural Implement Workers of America Local 1668# 2 Affidavit of Lowell Peterson, Esq.# 3 Affidavit of Lowell Peterson, Esq. (Exhibit 1 - March 21, 2006 Letter)# 4 (Proposed) Order)(MCGOVERN, ROBERT) (Entered: 10/26/2007)

BRIEF in Support re 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment Memorandum of Law In Support of Motion for Summary Judgment On Behalf of United Automobile, Aerospace & Agricultural Implement Workers of America Local 1668 filed by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668. (MCGOVERN, ROBERT) (Entered: 10/26/2007)

MOTION for Summary Judgment by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC..Responses due by 11/5/2007 (Attachments: # 1 Brief # 2 Rule 56.1 Statement# 3 Affidavit of Eugene T. D'Ablemont# 4 Exhibit A-C# 5 Exhibit D-K# 6 Exhibit L-K# 7 Affidavit of Vincent Vaccaro# 8 Text of Proposed Order)(CASTELLO, GEOFFREY) (Entered: 10/26/2007)

Set Deadlines as to 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Motion Hearing set for 11/19/2007 before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.)(lk)

CLERKS OFFICE QUALITY CONTROL MESSAGE: Document 28 Motion filed by G. Castello, Esq. on 10/26/07 is signed by Pro hac vice counsel Eugene T. D'Ablemont, Esq. Pursuant to Local Rules 11.1 and 101.1(c) pleadings must be signed by a member of the bar of this Court. Admission pro hac vice doesn't allow counsel to file papers before this, please refer to the Court's Order filed on 1/29/07 document 12 . Counsel of record is to Refile Motion by 11/1/07. The Clerk will terminate the deadline. (lk)

MOTION for Summary Judgment (amended and refiled at request of the Clerk) by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC..Responses due by 11/5/2007 (Attachments: # 1 Memorandum of Law in Support of Their Motion for Summary Judgment# 2 Rule 56.1 Statement# 3 Affidavit of Vincent Vaccaro# 4 Affidavit of Eugene T. D'Ablemont# 5 Exhibit A-C of D'Ablemont Affidavit# 6 Exhibit D-K of D'Ablemont Affidavit# 7 Exhibit L-Q of D'Ablemont Affidavit# 8 Text of Proposed Order)(CASTELLO, GEOFFREY) (Entered: 10/31/2007)

Set Deadlines as to 29 MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk). Motion Hearing set for 12/3/2007 before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.)(lk)

Rule 7.1 Letter for extension of return date re 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (BATOG, KONRAD) (Entered: 11/02/2007)

Reset Deadlines as to 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Motion Hearing set for 12/3/2007 before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.)(lk)

ORDER setting briefing schedule for motion for summary judgment Signed by Judge Tonianne J. Bongiovanni on 11/7/2007. (ss, ) (Entered: 11/07/2007)

NOTICE of Appearance by LAURI A. MAZZUCHETTI on behalf of U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC. (MAZZUCHETTI, LAURI) (Entered: 11/26/2007)

CLERK'S NOTE: Letter request dated 11/30/07 to extend the page limit for a brief is granted by consent at the direction of Judge Cooper. (eh, ) *** CORRECTED ON 12/3/07 - LETTER REQUEST SUBMITTED BY PLAINTIFF.****

BRIEF in Opposition re 29 MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk), 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit of Konrad Batog# 2 Affidavit of Juanarge Tufino# 3 Statement of Disputed and Undisputed Facts)(BATOG, KONRAD) (Entered: 12/03/2007)

Cross MOTION for Summary Judgment, or in the Alternative to Stay Summary Judgment on Select Issues and Provide Plaintiff with Additional Discovery (Brief, Affidavits, and Statement of Undisputed and Disputed Facts in Support of Cross-Motion filed with Docket Number 33) by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Responses due by 1/7/2008 (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(BATOG, KONRAD) (Entered: 12/03/2007)

Set Deadlines as to Cross-motion for summary judgment Motion Hearing set for 1/7/2008 before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.)(lk)

Letter from Geoffrey Castello. (CASTELLO, GEOFFREY) (Entered: 12/05/2007)

RESPONSE in Support re 29 MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) filed by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC.. (CASTELLO, GEOFFREY) (Entered: 01/03/2008)

BRIEF in Opposition to the EEOC's Cross-Motion for Summary Judgment filed by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC.. (Attachments: # 1 Affidavit of Linda Trigas)(CASTELLO, GEOFFREY) (Entered: 01/04/2008)

RESPONSE in Support (UAW Reply Memorandum of Law in Support of Motion for Summary Judgment and in Opposition to Cross-Motion for Summary Judgment) filed by UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668. (Attachments: # 1 Supplemental Affidavit of Lowell Peterson, Esq.)(MCGOVERN, ROBERT) (Entered: 01/04/2008)

RESPONSE in Support re 29 MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) MOTION for Summary Judgment (amended and refiled at request of the Clerk) (amended and refiled) filed by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC.. (CASTELLO, GEOFFREY) (Entered: 01/04/2008)

Reseting Deadlines as to 29 & 34 Motions. Motions set for 1/22/2008 10:00 AM in Trenton - Courtroom 5W before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ij, )

BRIEF in Support of Plaintiff's Rule 56(a) Cross-Motion for Summary Judgment and in Support of Plaintiff's Rule 56(f) Cross-Motion, Made in the Alternative, to Stay Summary Judgment on Select Issues and Provide Plaintiff with Additional Discovery filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (BATOG, KONRAD) (Entered: 01/14/2008)

CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re 40 Brief in Support of Motion, (BATOG, KONRAD) (Entered: 01/14/2008)

MOTION to Strike Plaintiff's Reply Memorandum of Law by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC..Responses due by 2/4/2008 (Attachments: # 1 Brief In Support Of Motion To Strike Plaintiff's Memorandum Or In The Alternative For Leave To Submit A Response# 2 Text of Proposed Order)(CASTELLO, GEOFFREY) (Entered: 01/22/2008)

Setting Deadlines as to 42 MOTION to Strike Plaintiff's Reply Memorandum of Law. Motion set for 2/19/2008 10:00 AM in Trenton - Courtroom 5W before Judge Mary L. Cooper. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ij, )

BRIEF in Opposition re 42 MOTION to Strike Plaintiff's Reply Memorandum of Law filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Certificate of Service)(BATOG, KONRAD) (Entered: 02/04/2008)

NOTICE of Appearance by ROBERT CHARLES ANGELILLO on behalf of UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA LOCAL 1668 (ANGELILLO, ROBERT) (Entered: 02/06/2008)

RESPONSE in Support re 42 MOTION to Strike Plaintiff's Reply Memorandum of Law filed by U.S. ALUMINUM, INC., UNITED STATES BRONZE POWDERS, INC.. (CASTELLO, GEOFFREY) (Entered: 02/11/2008)

ORAL ARGUMENT set for 5/9/2008 02:00 PM before Judge Mary L. Cooper re: pending motions for summary judgment. (Confirmed via telephone w/counsel for dft.) (eh, )

Minute Entry for proceedings held before Judge Mary L. Cooper: Motion Hearing held on 5/9/2008 re: motions for summary judgment.Ordered motions taken under advisement. (ESR: HANEKE.) (eh, ) (Entered: 05/19/2008)

MEMORANDUM OPINION. Signed by Judge Mary L. Cooper on 5/23/08. (lk)

ORDER & JUDGMENT granting 26 Motion for Summary Judgment; granting 29 Motion for Summary Judgment; denying 34 Motion for Summary Judgment; denied as moot 42 Motion to Strike; and directing the Clerk to close action. Signed by Judge Mary L. Cooper on 5/23/08. (lk) (Entered: 05/27/2008)

TRANSCRIPT of MOTION HEARING held on MAY 9, 2008 before Judge MARY L. COOPER. Court Reporter: MELISSA HANEKE. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (mmh) (Main Document 49 replaced on 6/30/2016) (kas). (Entered: 06/16/2008)

NOTICE OF APPEAL as to 48 Order on Motion for Summary Judgment,,,,,, Order on Motion to Strike, by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Certificate of Service)(BATOG, KONRAD) (Entered: 07/25/2008)

USCA Case Number 08-3253 for 50 Notice of Appeal (USCA), Notice of Appeal (USCA) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. USCA Case Manager Carolyn Hicks (Document Restricted - Court Only) (ca3hicks, ) (Entered: 09/08/2008)

TRANSCRIPT REQUEST NOT REQUESTED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (ij, ) (Entered: 08/12/2008)

CERTIFIED ORDER of USCA in lieu of formal MANDATE as to 50 Notice of Appeal (USCA), Notice of Appeal (USCA) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, dismissing case pursuant to Fed. R. App. P. 42(b). (ca3hicks, ) (Entered: 10/01/2008)