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

Clearinghouse coding complete

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 s…

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)

Documents in the Clearinghouse

Document

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

2000 WL 375256, 2000 U.S.Dist.LEXIS 4600

April 10, 2000

April 10, 2000

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (fe) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

Summons(es) issued, 1 original mailed to counsel 6/30/99. (fe) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (fe) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

Standard Case Management Track. (fe) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

2

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)

Sept. 3, 1999

Sept. 3, 1999

3

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)

Sept. 10, 1999

Sept. 10, 1999

4

Request for default by PLAINTIFF EQUAL EMPLOYMENT as to DEFENDANT FUSARO CORPORATION, affidavit, certificate of service. (adr) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

Request for default judgment by PLAINTIFF EQUAL EMPLOYMENT as to DEFENDANT FUSARO CORPORATION. (see paper #4) (adr) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

Default by DEFENDANT FUSARO CORPORATION for failure to appear, plead or otherwise defend. (adr) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

DEFAULT ENTERED. (adr) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

5

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)

Oct. 25, 1999

Oct. 25, 1999

6

Appearance of HOWARD K. TRUBMAN for DEFENDANT FUSARO CORPORATION. (md) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

7

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)

Dec. 10, 1999

Dec. 10, 1999

8

MOTION by DEFENDANT FUSARO CORPORATION TO PERMIT DEFT TO ATTEND DEPOSITION , CERTIFICATE OF SERVICE. (adr) (Entered: 01/03/2000)

Jan. 3, 2000

Jan. 3, 2000

9

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)

Jan. 6, 2000

Jan. 6, 2000

10

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)

Jan. 11, 2000

Jan. 11, 2000

11

Proposed Findings of Facts and Conclusions of Law by PLAINTIFF EQUAL EMPLOYMENT. (md) (Entered: 02/03/2000)

Feb. 2, 2000

Feb. 2, 2000

12

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)

Feb. 10, 2000

Feb. 10, 2000

13

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)

April 11, 2000

April 11, 2000

Case closed (kv) (Entered: 04/13/2000)

April 11, 2000

April 11, 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)

April 17, 2000

April 17, 2000

15

MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR PREJUDGMENT INTEREST BASED ON THE FLUCTUATING IRS RATE ON BACK PAY AWARDED . (md) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

16

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)

May 17, 2000

May 17, 2000

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

Fusaro Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 114020.03

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