Case: EEOC v. BEST CLOTHING MFG.

1:02-cv-05081 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 19, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

In September 2002, the New York District Office of the EEOC brought this lawsuit against Best Clothing Manufacturing, Inc., also known as New Era Knitting Mills, Inc. in the U.S. District Court for the Eastern District of New York alleging discrimination on the basis of sex in violation o Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant required female workers to wear shirts that came up to the neck with sleeves that reached below the elbow in the factory without making the same requirements of male workers. A default judgment was entered against the defendant in July 2005, requiring the defendant to: make compliance reports to the EEOC, allow the EEOC access for monitoring purposes, develop an anti-discrimination policy, provide EEO training, and pay $28,176 to be distributed among five complaining parties.

Summary Authors

Daisy Manning (12/8/2007)

Documents in the Clearinghouse

Document

1:02-cv-05081

Docket [PACER]

EEOC v. Best Clothing Manufacturing, Inc

June 6, 2006

June 6, 2006

Docket
1

1:02-cv-05081

Complaint

EEOC v. Best Clothing Manufacturing Inc., d/b/a New Era Knitting Mills, Inc.

Sept. 19, 2002

Sept. 19, 2002

Complaint
20

1:02-cv-05081

Judgment

EEOC v. Best Clothing Manufacturing, Inc. d/b/a New Era Knitting Mills, Inc.

April 15, 2003

April 15, 2003

Order/Opinion
30

1:02-cv-05081

Report and Recommendation

EEOC v. Best Clothing Manufacturing, Inc., a/k/a New Era Knitting Mills, Inc.

March 11, 2005

March 11, 2005

Magistrate Report/Recommendation
33

1:02-cv-05081

Memorandum and Order [Re: Report]

EEOC v. Best Clothing Mfg., Inc.

2005 WL 1594153

July 7, 2005

July 7, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5371707/equal-employment-opportunity-commission-v-best-clothing-manufacturing-inc/

Last updated Aug. 1, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons issued as to defendant(s) Best Clothing Manufacturing, Inc. Filing fee $150.00. Jury trial demanded.. Filed by Robert D. Rose on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Joe, Victor) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

30

REPORT AND RECOMMENDATIONS re Motion for default judgment, filed by Equal Employment Opportunity Commission, Objections to R&R due by 3/25/2005. Signed by Judge Viktor V. Pohorelsky on 3/11/2005. (Pohorelsky, Viktor)

March 11, 2005

March 11, 2005

RECAP
33

Memorandum and Order adopting in part the Report and Recommendation dated March 11, 2005 as to 30 Report and Recommendations. Accordingly, the Court enters judgment in favor of the EEOC against defendant as follows: awarding Yolanda Simon $21 ,176.00, and granting the following injunctive relief as set forth more fully in paragraph 2 of the affidavit of Robert D. Rose: (1) requiring defendant to implement anti-discrimination policies and procedures; (2) training defendant's employees with respect to federal anti-discrimination laws; (3) allowing the EEOC to monitor defendant's compliance with the judgment; and (4) requiring defendant to submit periodic reports to the EEOC to ensure compliance with the judgment.Counsel for p laintiff shall serve a copy of this Memorandum and Order on the defendant by regular mail and electronically file proof of such service in the record.After entering the judgment in this case, the Clerk of Court is respectfully directed to close this case. Ordered by Judge I. Leo Glasser on July 7, 2005. (Kathawala, Rene)

July 7, 2005

July 7, 2005

RECAP
2

SCHEDULING ORDER: Initial Conference set for 11/21/2002 at 10:30 AM before Magistrate-Judge Viktor V. Pohorelsky. Signed by Judge Viktor V. Pohorelsky on 10/28/02. (Rodriguez, Angela) (Entered: 11/05/2002)

Nov. 1, 2002

Nov. 1, 2002

3

Letter dated 11/4/02 from Robert Rose to Clerk of Court advising that the EEOC is moving to a new office. (Rodriguez, Angela) (Entered: 11/19/2002)

Nov. 6, 2002

Nov. 6, 2002

4

ANSWER to Complaint by Best Clothing Manufacturing, Inc.(Rodriguez, Angela) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

5

DISCLOSURE of Interested Parties by Best Clothing Manufacturing, Inc.(Rodriguez, Angela) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

6

ORDER endorsed on letter dated 11/15/02 from Allen Roberts to Magistrate Pohorelsky. The 11/21/02 conference is adjourned to 12/19/02 at 4:00. Signed by Judge Viktor V. Pohorelsky on 11/18/02. (Rodriguez, Angela) (Entered: 12/23/2002)

Nov. 28, 2002

Nov. 28, 2002

7

SCHEDULING ORDER signed by Judge Viktor V. Pohorelsky on 12/19/02. Factual discovery to be completed by 6/16/03; dispositive motions to be made by 7/29/03; final pretrial conference is set for 8/7/03 at 9:30.(Rodriguez, Angela) (Entered: 01/06/2003)

Dec. 20, 2002

Dec. 20, 2002

8

MOTION to Withdraw as Attorney as to Allen B. Roberts filed by Best Clothing Manufacturing, Inc. (Rodriguez, Angela) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

9

MEMORANDUM in Support of [8] MOTION for Allen B. Roberts to Withdraw as Attorney.(Rodriguez, Angela) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

10

AFFIDAVIT of Allen B. Roberts in Support of [8] MOTION to Withdraw as Attorney. (Rodriguez, Angela) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

11

ORDER signed by Judge Viktor V. Pohorelsky on 2/11/03. A hearing on the motion by defendant's counsel to withdraw from representation of the defendant is hereby scheduled for 3/6/03 at 10:30. The 2/13/03 settlement conference is adjourned sine die.(Rodriguez, Angela) (Entered: 02/19/2003)

Feb. 19, 2003

Feb. 19, 2003

12

CERTIFICATE OF SERVICE: Motion by Epstein Becker & Green, P.C.'s to withdraw as attorney was served on Aron Lefkowitz on 2/13/03. A copy of Magistrate Pohorelsky's order of 2/11/03 was served on 2/12/03. (Rodriguez, Angela) (Entered: 02/20/2003)

Feb. 19, 2003

Feb. 19, 2003

13

Minute Entry for proceedings held before Viktor V. Pohorelsky : Docket Call held on 3/6/2003. A hearing on an order to show cause issued today will be held on 3/25/03 at 11:30. The motion to withdraw is granted, provided, however, that outgoing counsel shall serve the order to show cause on the defendant by the close of business on 3/11/03 and file proof of such service. (Rodriguez, Angela) (Entered: 03/10/2003)

March 6, 2003

March 6, 2003

14

ORDER TO SHOW CAUSE: Dft is ordered to show cause on 3/25/03 at 11:30am why the answer should not be stricken and why a default judgment should not be entered against it for failing to appear and defend in this action. A corporation may not appear except by counsel. Signed by Judge Viktor V. Pohorelsky on 3/6/03. (Fahey, Lauren) (Entered: 03/11/2003)

March 11, 2003

March 11, 2003

15

AFFIDAVIT of Service for Order to Show Cause, dated 3/6/03, served on Aron Lefkowitz on 3/7/03. (Rodriguez, Angela) (Entered: 03/18/2003)

March 11, 2003

March 11, 2003

16

Minute Entry for proceedings held before Viktor V. Pohorelsky : Show Cause Hearing held on 3/25/2003. Counsel for pltf present; No appearance for dft. Report and recommendation made on the record that dft's answer be stricken and that a default judgment be entered against the dft. (Tape #37: 2203-3081.) (Fahey, Lauren) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

17

Minute Entry for proceedings held before Viktor V. Pohorelsky: Status Conference held on 3/25/2003. Report and recommendation made on the record that the defendant's answer be stricken and that a default judgment be entered against defendant. (Rodriguez, Angela) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

18

TRANSCRIPT of Proceedings held on 3/25/03 before Judge Magistrate Pohorelsky. Court Transcriber: Elizabeth Barron. (Rodriguez, Angela) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

19

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Pohorelsky. The answer is stricken and a default judgment is entered. Case is referred to Magistrate for damages inquest. Signed by Judge I. Leo Glasser on 4/10/03. (Rodriguez, Angela) (Entered: 04/11/2003)

April 11, 2003

April 11, 2003

20

JUDGMENT in favor of plaintiff against defendant. Defendant's answer is stricken and a default judgment is entered against defendant. Signed by Judge Clerk of Court on 4/15/03. (Rodriguez, Angela) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

21

ORDER: Damages inquest before Magistrate Pohorelsky is set for 5/5/2003 at 04:00 PM. Signed by Judge Viktor V. Pohorelsky on 4/16/03. (Rodriguez, Angela) (Entered: 04/17/2003)

April 16, 2003

April 16, 2003

22

Minute Entry for proceedings held before Viktor V. Pohorelsky : Scheduling Conference held on 5/5/2003. Counsel for pltf present; No appearance for dft. The next conf is adjourned sine die. Submissions regarding the inquest referred to this USMJ are to be submitted in accordance with the separate scheduling order to be entered by the court. (Fahey, Lauren) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

23

ORDER: See document for the schedule for submissions and other proceedings regarding the inquest. Signed by Judge Viktor V. Pohorelsky, on 5/6/03. (Fahey, Lauren) (Entered: 05/06/2003)

May 6, 2003

May 6, 2003

24

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission: A copy of Magistrate Pohorelsky's order dated 5/6/03 was served on defendant on 5/14/03. (Rodriguez, Angela) (Entered: 05/22/2003)

May 15, 2003

May 15, 2003

26

AFFIDAVIT of Yolanda Simon in Support of damages filed by Equal Employment Opportunity Commission. (Rodriguez, Angela) (Entered: 07/24/2003)

July 21, 2003

July 21, 2003

28

AFFIDAVIT of Robert D. Rose in Support of damages filed by Equal Employment Opportunity Commission. (Rodriguez, Angela) (Entered: 07/24/2003)

July 21, 2003

July 21, 2003

27

AFFIDAVIT of Esther Gutierrez in Support of damages filed by Equal Employment Opportunity Commission. (Rodriguez, Angela) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

29

ORDER referring case to Magistrate for a report and recommendation on damages. Signed by Judge I. Leo Glasser on 7/24/03. (Rodriguez, Angela) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

31

NOTICE of filing a Report and Recommendation: REPORT AND RECOMMENDATIONS re Motion for default judgment, filed by Equal Employment Opportunity Commission, Objections to R&R due by 3/25/2005. Signed by Judge Viktor V. Pohorelsky on 3/11/2005. (Vaughn, Terry) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

32

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Magistrate's Rpt. & Rec. (Rose, Robert) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

34

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for 7/7/05 Memorandum and Order (Rose, Robert) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

36

Mail Returned as Undeliverable. Mail sent to Robert D. Rose; EEOP Commission; New York District Office; 201 Varick Street; Suite 1009; NY, NY. Document returned: Judgment. (Sica, Michele) (Entered: 07/28/2005)

July 12, 2005

July 12, 2005

37

MOTION for Writ of Garnishment for Garnishee Bank of Leumi by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 Text of Proposed Order # 4)(Rose, Robert) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

38

MOTION for Writ of Garnishment for Garnishee J.P. Morgan Chase by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 Text of Proposed Order # 4)(Rose, Robert) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

39

MOTION for Writ of Garnishment for Garnishee ChinaTrust Bank U.S.A. by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 Text of Proposed Order # 4)(Rose, Robert) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

WRIT OF GARNISHMENT issued as to Best Clothing Manufacturing, Inc. (Sica, Michele) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

WRIT OF GARNISHMENT issued as to best Clothing Manufacturing, Inc. (Sica, Michele) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

WRIT OF GARNISHMENT issued as to Best Clothing Manufacturing, Inc. (Sica, Michele) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

41

ANSWER to Writ of Garnishment by Chinatrust Bank (U.S.A.). (Sica, Michele) (Entered: 04/14/2006)

April 3, 2006

April 3, 2006

40

Response and Reply by J.P. Morgan Chase (Sica, Michele) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

42

ANSWER to Writ of Garnishment by Bank Leumi USA. (Sica, Michele) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

35

CLERK'S JUDGMENT directing that the Report and Recommendation of Mag Pohorelsky dated 3/11/05 is adopted in part; and that judgment is hereby entered in favor of plaintiff, EEOC and against deft Best Clothing Manufacturing, Inc. a/k/a New Era Kn itting Mills, Inc. as follows: Yolanda Simon is awarded $21,176.00 and the following injunctive relieve, as set forth more fully in the affidavit of Robert D. Rose, is granted: 1. requiring deft to implement anti-discrimination policies and pro cedures; 2. training deft's employees with respect to Federal anti-discrimination laws; 3. allowing the EEOC to monitor deft's compliance with the judgment; and 4. requiring deft to submit periodic reports to the EEOC to ensure compliance with the judgment . Ordered by Robert C. Heinemann, Clerk of Court on 7/8/05. c/m with appeal pkg.(Fernandez, Erica)

July 12, 2005

July 12, 2005

RECAP

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 19, 2002

Closing Date: 2003

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

Best Clothing Manuracturing, Inc., 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:

Litigation

Amount Defendant Pays: 28176

Content of Injunction:

Provide antidiscrimination training

Reporting

Monitoring

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits