Case: EEOC v. FUSARO CORPORATION dba RISTORANTE II GALLO NERO

2:99-cv-03321 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 30, 1999

Closed Date: April 11, 2000

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Case Summary

In June 1999, the Philadelphia District Office of the EEOC filed this suit against Fusaro Corporation, d/b/a Ristorante II Gallo Nero, in the U.S. District Court for the Eastern District of Pennsylvania. We do not have a copy of the complaint. However, according to the Court's opinion, the complaint alleged that the defendant discriminated against the two charging parties, female employees, on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 by subjecting them to a sexually hostile work environment. Specifically, the defendant's CEO made unwelcome sexual comments to the parties and offensively touched the women, resulting in the constructive discharge of one of the employees. In addition, the defendant retaliated against the other charging party for her opposition to the discrimination by firing her for breaking a wine glass which was a common occurrence in the restaurant and had not resulted in the termination of any other employees. The defendant failed to answer the complaint or appear in court. Therefore, the Court entered a default judgment in favor of the plaintiff in October 1999. It then appears that a judgment trial was held in April 2000, resulting in a judgment of $114,020.03 for the charging parties.

Summary Authors

Kevin Wilemon (6/11/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10968559/parties/equal-employment-v-fusaro-corporation/

Judge(s)

Yohn, William Hendricks (Pennsylvania)

Judge(s)

Yohn, William Hendricks (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:99-cv-03321	Docket (PACER) Equal Employment v. Fusaro Corporation	May 17, 2000	May 17, 2000 Docket
13 2:99-cv-03321	Opinion: Memorandum and Order Equal Employment Opportunity Commission v. Fusaro Corporation d/b/a Ristorante IL Gallo Nero	April 10, 2000	April 10, 2000 Order/Opinion 2000 WL 375256

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10968559/equal-employment-v-fusaro-corporation/

Last updated Sept. 17, 2026, 6:57 p.m.

Docket for: EQUAL EMPLOYMENT v. FUSARO CORPORATION

ECF Number	Date	Description	Link
1	June 30, 1999	Complaint. (fe) (Entered: 06/30/1999)	PACER
	June 30, 1999	Summons(es) issued, 1 original mailed to counsel 6/30/99. (fe) (Entered: 06/30/1999)	PACER
	June 30, 1999	Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (fe) (Entered: 06/30/1999)	PACER
	June 30, 1999	Standard Case Management Track. (fe) (Entered: 06/30/1999)	PACER
2	Sept. 3, 1999	Affidavit of: D. Moreno re: served summons and complaint upon DEFENDANT FUSARO CORPORATION . Served by: personal service on 8/27/99 . (ph) (Entered: 09/03/1999)	PACER
3	Sept. 10, 1999	Affidavit of: Debbie Moreno re: served summons and complaint upon DEFENDANT FUSARO CORPORATION. Served by: personal service on 8/27/99. (adr) (Entered: 09/10/1999)	PACER
4	Oct. 21, 1999	Request for default by PLAINTIFF EQUAL EMPLOYMENT as to DEFENDANT FUSARO CORPORATION, affidavit, certificate of service. (adr) (Entered: 10/22/1999)	PACER
	Oct. 21, 1999	Request for default judgment by PLAINTIFF EQUAL EMPLOYMENT as to DEFENDANT FUSARO CORPORATION. (see paper #4) (adr) (Entered: 10/22/1999)	PACER
	Oct. 21, 1999	Default by DEFENDANT FUSARO CORPORATION for failure to appear, plead or otherwise defend. (adr) (Entered: 10/22/1999)	PACER
	Oct. 21, 1999	DEFAULT ENTERED. (adr) (Entered: 10/22/1999)	PACER
5	Oct. 25, 1999	ORDER THAT THE DEFAULT OF DEFT, FUSARO CORPORATION d/b/a RISTORANTE GALL NERO, IS ENTERED PURSUANT TO RULE 55 (b)(2) OF FRCP ; IT IS FURTHER ORDERED THAT A TRIAL BE CONVENED ON 12/13/99 AT 10:00 A.M. IN COURTROOM 14B TO DETERMINE THE AMOUNT OF DAMAGES TO WHICH THE PLFF IS ENTITLED . (SIGNED BY JUDGE WILLIAM H. YOHN JR.) 10/25/99 ENTERED AND COPIES MAILED. (adr) (Entered: 10/25/1999)	PACER
6	Dec. 9, 1999	Appearance of HOWARD K. TRUBMAN for DEFENDANT FUSARO CORPORATION. (md) (Entered: 12/10/1999)	PACER
7	Dec. 10, 1999	ORDER THAT UPON AN EMERGENCY MOTION TO POSTPONE THE DEFAULT JUDGMENT TRIAL SCHEDULED FOR MONDAY DECEMBER 13, 1999 DUE TO A CRITICAL WITNESS'S ILLNESS AND UNAVAILABILITY FOR TRIAL AS SET FORTH IN PLAINTIFF'S LETTER MOTION DATED DECEMBER 9, 1999. IT IS HEREBY ORDERED AND DECREED THAT PLAINTIFF'S MOTION FOR A 30 DAY POSTPONEMENT OF TRIAL IS GRANTED. THE NEW TRIAL DATE IS JANUARY 31, 2000 AT 10:00AM. IT IS FURTHER ORDERED AND DECREED THAT MS. SYRON'S TESTIMONY BE RECORDED BY VIDEOTAPE DEPOSITION DURING THE INTERIM PERIOD FOR PRESENTATION AT TRIAL. (SIGNED BY JUDGE WILLIAM H. YOHN JR.) 12/10/99 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 12/10/1999)	PACER
8	Jan. 3, 2000	MOTION by DEFENDANT FUSARO CORPORATION TO PERMIT DEFT TO ATTEND DEPOSITION , CERTIFICATE OF SERVICE. (adr) (Entered: 01/03/2000)	PACER
9	Jan. 6, 2000	Response by PLAINTIFF EQUAL EMPLOYMENT to MOTION TO ATTEND AND PARTICIPATE IN VIDEO TAPE DEPOSITION OF SHARON SYRON VIA TELEPHONE. (np) (Entered: 01/07/2000)	PACER
10	Jan. 11, 2000	ORDER THAT DEFT BE PERMITTED TO ATTEND AND PARTICIPATE IN THE VIDEOTAPE DEPOSITION OF MS. SYRON WHICH MAY BE CONDUCTED ON THE TELEPHONE PURSUANT TO FRCP 30(b)(7). ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 1/11/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/11/2000)	PACER
11	Feb. 2, 2000	Proposed Findings of Facts and Conclusions of Law by PLAINTIFF EQUAL EMPLOYMENT. (md) (Entered: 02/03/2000)	PACER
12	Feb. 10, 2000	Minute entry: 2/8/00, damages hearing, Court Colloquy's with counsel. Videotape deposition of Sharon Syron played, Joan Kross sworn, Court takes under advisement, Court adjourns. (jl) (Entered: 02/11/2000)	PACER
13	April 11, 2000	MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED FOR EQUAL EMPLOYMENT AGAINST FUSARO CORPORATION FOR $108,089.49 ETC; IF PLAINTIFF DESIRES TO PURSUE THE CLAIM FOR PREJUDGMENT INTEREST, PLAINTIFF SHALL SERVE AND FILE A MOTION FOR PREJUDGMENT INTEREST ON BACK PAY AWARDED WITHIN 10 DAYS OF THE DATE OF THIS ORDER ETC 4/11/00 ENTERED AND COPIES MAILED ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) (ph) (Entered: 04/11/2000)	PACER
	April 11, 2000	Case closed (kv) (Entered: 04/13/2000)	PACER
	April 17, 2000	ORDER THAT JUDGMENT IS ENTERED FOR EQUAL EMPLOYMENT AGAINST FUSARO CORPORATION FOR $86,000.00 ETC; PLAINTIFF IS AWARDED COSTS ALLOWED BY LAW 4/17/00 ENTERED AND COPIES MAILED ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) (ph) (Entered: 04/17/2000)	PACER
15	April 25, 2000	MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR PREJUDGMENT INTEREST BASED ON THE FLUCTUATING IRS RATE ON BACK PAY AWARDED . (md) (Entered: 04/26/2000)	PACER
16	May 17, 2000	ORDER GRANTING PLAINTIFF'S MOTION FOR PREJUDGMENT INTEREST BASED ON THE FLUCTUATING IRS RATE ON BACK PAY AWARDED, PLAINTIFF IS AWARDED $5,930.54 FOR THE BENEFIT OF SHARON SYRON AND JOAN KROSS, DEFENDANT SHALL PAY SHARON SYRON PREJUDGMENT INTEREST IN THE AMOUNT OF $2,263.54, DEFENDANT SHALL PAY JOAN KROSS PREJUDGMENT INTEREST IN THE AMOUNT OF $3,667.00 ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 5/17/00 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 05/17/2000)	PACER

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 30, 1999

Closing Date: April 11, 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

Private Entity/Person

Fusaro Corporation

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Pennsylvania 2:99-cv-03321

Available Documents:

Any published opinion

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 114020.03

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. FUSARO CORPORATION dba RISTORANTE II GALLO NERO, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8405/ (last updated 6/11/2007).