Case: EEOC v. Amertac Holdings, Inc.

1:03-cv-06128 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 14, 2003

Closed Date: 2011

Clearinghouse coding complete

Case Summary

The New York district office of the Equal Employment Opportunity Commission (EEOC) brought this suit against the Amertac Holdings, Inc., American Tack & Hardware Co., Inc., and two individual defendants, in August 2003 in the U.S. District Court for the Southern District of New York. Two complainants were allowed to intervene in June 2004. The complaints for this case are not available. After a couple failed attempts by the Magistrate Judge to negotiate a settlement between the parties, jury …

The New York district office of the Equal Employment Opportunity Commission (EEOC) brought this suit against the Amertac Holdings, Inc., American Tack & Hardware Co., Inc., and two individual defendants, in August 2003 in the U.S. District Court for the Southern District of New York. Two complainants were allowed to intervene in June 2004. The complaints for this case are not available. After a couple failed attempts by the Magistrate Judge to negotiate a settlement between the parties, jury trial was scheduled for November 10, 2008.

On October 16, 2008, the parties began settlement discussions. As they got close to settlement, the court ordered that the case be “discontinued,” although it could be reopened if a final settlement was not reached.

On December 8, 2008, the court approved the parties’ consent decree. The decree had five parts:

1) it prohibited sex discrimination.

2) it required that the defendants post the notice of resolution in areas visible to their employees, and send their employees a memo and copy of the notice.

3) The defendants were required to to adopt anti-discrimination policies and to train/retrain all their employees.

4) The defendants were required to report any complaints of discrimination by applicant or employees to the EEOC. When the defendants conducted a discrimination investigation, they were required to report the findings to the EEOC.

5) The defendants were required to pay $ 325,000 to the complainants. No party was awarded attorney fees and costs.

The decree was scheduled to run for three years after it was signed on December of 2008; the docket does not include anything further, so presumably the case ended in 2011.

Summary Authors

Shankar Viswanathan (5/30/2008)

Sean Whetstone (5/21/2018)

People


Judge(s)

Rakoff, Jed Saul (New York)

Robinson, Stephen C. (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Attorneys(s) for Defendant

Lajewski, Leslie Ann (Ohio)

Luckner, Steven (New Jersey)

Other Attorney(s)

Active

Active

Active

Active

Active

Judge(s)

Rakoff, Jed Saul (New York)

Robinson, Stephen C. (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Attorneys(s) for Defendant

Lajewski, Leslie Ann (Ohio)

Luckner, Steven (New Jersey)

Other Attorney(s)

Bissell, Katherine (New York)

Filippatos, Parisis G. (New York)

Graziano, Louis (New York)

Koplen, Michael (New York)

Yamada, Stella Natsue (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Amertac Holdings, Inc.

Jan. 9, 2009 Docket
81

Consent Decree

Dec. 8, 2008 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (jma) (Entered: 08/20/2003)

Aug. 14, 2003

Magistrate Judge Mark D. Fox is so designated. (jma) (Entered: 08/20/2003)

Aug. 14, 2003
2

Notice of Case reassignment to Judge Stephen C. Robinson . Copy of notice and judge's rules mailed to Attorney(s) of record: Katherine E. Bissell . (dh) (Entered: 09/29/2003)

Sept. 25, 2003
3

ANSWER to Complaint by Amertac Holdings, In, American Tack & Hard (Attorney Leslie A. Lajewski from the Firm: Grotta Glassman & Hoffman) . (pf) (Entered: 10/22/2003)

Oct. 14, 2003
4

RULE 7.1 CERTIFICATE filed by Amertac Holdings, In, American Tack & Hard . (pf) (Entered: 10/22/2003)

Oct. 14, 2003

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 12/11/2003. Next Pretrial Conference set for 6/15/2004 at 10:00 a.m. (See transcript). (Submitted by Brandon Skolnik). (mde, ) (Entered: 12/18/2003)

Dec. 11, 2003
7

ENDORSED LETTER addressed to Judge Robinson from Michael A. Koplen dated 01/15/04 re: Request for an extension of two weeks from the aforementioned deadline so that I may file our motion to intervene and proceed with our cause of action. ENDORSED: Elisa Taylor and Shaura Van Donk's time to file a Motion to intervene is extended up to and including 01/30/04. SO ORDERED:(Signed by Judge Stephen C. Robinson on 01/15/04) Clerk's Office Mailed Copies..(dcr, ) (Entered: 02/02/2004)

Jan. 16, 2004
6

TRANSCRIPT of proceedings held on 12/11/2003 before Judge Stephen C. Robinson.(dh, ) (Entered: 01/27/2004)

Jan. 27, 2004
8

TRANSCRIPT of proceedings held on 12/11/2003 before Judge Stephen C. Robinson.(dh, ) (Entered: 02/09/2004)

Jan. 28, 2004
9

MOTION to Intervene. Document filed by Eliza Taylor, Shana Van Dunk. (pf, ) (Entered: 02/10/2004)

Feb. 2, 2004
15

AFFIDAVIT OF SERVICE of a true copy of Notice of Motion. American Tack & Hardware Co., Inc. served on 2/11/2004, Service was accepted by Norah Radler at the Secretary of State, 41 State Street, Albany, NY. Document filed by Eliza Taylor ; Shana Van Dunk. (dcr, ) (Entered: 04/14/2004)

March 12, 2004
16

AFFIDAVIT OF ATTEMPTED SERVICE of Notice of Motion. Document filed by Eliza Taylor, Shana Van Dunk. Your deponent believes that he will be unable to effect personal sevice upon the above named person(s) due to the following reasons: This Co. can not be served through the NYS Secretary of State under 306 BCL. There is no record of this company at the NYS Secretary of State, by Mark E. McClosky − Deponent. (dcr, ) (Entered: 04/14/2004)

March 12, 2004
10

STIPULATED PROTECTIVE ORDER:.... (see document for details)...So Ordered: (Signed by Judge Stephen C. Robinson on 4/2/04) Copies sent by Clerk's Office.(pf, ) (Entered: 04/09/2004)

April 6, 2004
11

DECLARATION of Leslie Lajewski in Opposition re: 9 MOTION to Intervene.. Document filed by American Tack & Hardware Co., Inc., Amertac Holdings, Inc.. (pf, ) (Entered: 04/13/2004)

April 9, 2004
12

DECLARATION of Jennifer Rygiel in Opposition re: 9 MOTION to Intervene.. Document filed by American Tack & Hardware Co., Inc., Amertac Holdings, Inc.. (pf, ) (Entered: 04/13/2004)

April 9, 2004
13

BRIEF in Opposition re: 9 MOTION to Intervene.. Document filed by American Tack & Hardware Co., Inc., Amertac Holdings, Inc.. (pf, ) (Entered: 04/13/2004)

April 9, 2004
14

DECLARATION of Karen Payton in Opposition re: 9 MOTION to Intervene.. Document filed by American Tack & Hardware Co., Inc., Amertac Holdings, Inc.. (pf, ) (Entered: 04/13/2004)

April 9, 2004

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 5/28/2004. Motion to intervene, decision reserved. Order of Reference to Magistrate Judge Fox entered for discovery disputes. Next PTC−sine die. (pf, ) (Entered: 06/07/2004)

May 28, 2004
17

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non−dispositive pretrial motions, and settlement). Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 6/1/04) Copies sent by Clerk's Office.(pf, ) (Entered: 06/07/2004)

June 1, 2004
18

ORDER re: 9 MOTION to Intervene. filed by Shana Van Dunk, Eliza Taylor, Motions terminated: 9 MOTION to Intervene. filed by Shana Van Dunk, Eliza Taylor.... The Motion to Intervene is granted. (Signed by Judge Stephen C. Robinson on 6/1/04) Copies sent by Clerk's Office.(pf, ) (Entered: 06/08/2004)

June 1, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Discovery Hearing held on 6/8/2004. Judge's Decision: Rulings on Discovery Disputes made by Court (See Taped Transcript). Remarks: Discovery Practice Order handed to attorneys. Next Pre−Trial Conference set for 06/18/04 at 10:15 am − (IP). Submitted By: Ed Modugno, Courtroom Deputy (dcr, ) (Entered: 06/09/2004)

June 8, 2004
20

NOTICE of Appearance by Michael A. Koplen on behalf of Eliza Taylor, Shana Van Dunk (pf, ) (Entered: 06/16/2004)

June 14, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Discovery Hearing held on 6/18/2004. Remark: Any privileged documents, which is challenged will be brought before this Court on or before 7/6/2004. Next PTC set for 7/13/2004 at 8:45 (cc). (Submitted by Ed Modugno). (mde, ) (Entered: 06/21/2004)

June 18, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 7/13/2004. Adjourned Date: 08/31/04 at 8:45 (cc). Submitted By: Ed Modugno, Courtroom Deputy (dcr, ) (Entered: 07/13/2004)

July 13, 2004
22

ENDORSED LETTER addressed to Judge Mark D. Fox from Jennifer Rygiel dated 8/9/04 re:...to request an extension of a number of the discovery deadline dates in this case...ENDORSEMENT: Application Granted. All discovery including exerts to be completed by 3/15/05. No further extensions. So Ordered:. (Signed by Judge Mark D. Fox on 8/9/04) Copies sent by Clerk's Office.(pf, ) (Entered: 08/16/2004)

Aug. 10, 2004
21

INTERVENOR COMPLAINT against American Tack & Hardware Co., Inc., Amertac Holdings, Inc..Document filed by Eliza Taylor, Shana Van Dunk.Plaintiffs−Intervenors Demand for Jury Trial.(dcr, ) (Entered: 08/12/2004)

Aug. 11, 2004
23

AFFIDAVIT OF SERVICE of Summons and Complaint. American Tack & Hardware Co., Inc. served on 8/12/2004, answer due 9/1/2004; Amertac Holdings, Inc. served on 8/12/2004, answer due 9/1/2004. Service was made by MAIL. Document filed by Eliza Taylor ; Shana Van Dunk. (pf, ) (Entered: 08/17/2004)

Aug. 16, 2004
24

TRANSCRIPT of proceedings held on 05/28/04 before Judge Stephen C. Robinson.(cg, ) (Entered: 08/17/2004)

Aug. 17, 2004
25

TRANSCRIPT of proceedings held on 05/28/04 before Judge Stephen C. Robinson.(cg, ) (Entered: 08/18/2004)

Aug. 17, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 8/31/2004. Adjourned date 11/1/04 at 8:45 a.m.. (pf, ) (Entered: 09/01/2004)

Aug. 31, 2004
26

ANSWER to Intervenor Complaint. Document filed by American Tack & Hardware Co., Inc., Ameritac Holdings, Inc..(dcr, ) (Entered: 09/16/2004)

Sept. 10, 2004
27

ANSWER to Intervenor Complaint. Document filed by Richard Frant.(dcr, ) (Entered: 09/16/2004)

Sept. 10, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Discovery Dispute held on 10/19/2004. Remark: Rulings on Discovery made by the Court. (See record). Discovery cutoff 3/15/2004 including experts. Next PTC set for 11/1/2004 at 9:00 a.m. (ip). (Submitted by Ed Modugno). (Tape #1) (mde, ) (Entered: 10/20/2004)

Oct. 19, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Interim Pretrial Conference held on 11/1/2004. Both parties have until 5 pm Tuesday to submit briefs, 5 pm Wednesday for rebuttal. Submitted by: Ed Modugno, Courtroom Deputy (Tape #Tape 1 from 550 to 976) (ll, ) (Entered: 11/04/2004)

Nov. 1, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Discovery Hearing held on 12/7/2004. Ruling made on the record. Fact witness be exchanged by 5:oo p.m. on 12/7/04 via fax. Agree on dates for all depositions by next week. If dates not agreed to, letter briefs we sent. Court will set dates at 12/16/04 conference. Adjourned date 12/16/04 at 9:45 a.m.. (pf, ) (Entered: 12/08/2004)

Dec. 7, 2004

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 2/23/2005. Adjourned date 3/25/05 at 8:45 a.m.. (pf, ) (Entered: 02/25/2005)

Feb. 23, 2005
28

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Louis Graziano dated 2/24/05 re: Plaintiff requests that the discovery deadline be extended; Discovery deadline is extended until 5/16/05. Discovery due by 5/16/2005. (Signed by Judge Stephen C. Robinson on 2/28/05) (ae, ) (Entered: 03/02/2005)

Feb. 28, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 3/25/2005. Adjourned date 4/14/05 at 8:45 a.m.. (pf, ) (Entered: 03/25/2005)

March 25, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 4/14/2005, Telephone Conference held on 4/14/2005. Adjourned date 5/4/05 at 8:45 a.m.. (pf, ) (Entered: 04/15/2005)

April 14, 2005
29

MOTION for Leave to Amend to Assert Counterclaims against Plaintiff−Intervenor Shana Van Dunk. Document filed by American Tack & Hardware Co., Inc. (ae, ) (Entered: 04/26/2005)

April 21, 2005
30

MEMORANDUM OF LAW in Support re: 29 MOTION for Leave to Amend to Assert Counterclaims against Plaintiff−Intervenor Shana Van Dunk. Document filed by American Tack & Hardware Co., Inc. (ae, ) (Entered: 04/26/2005)

April 21, 2005
31

DECLARATION of Jennifer Rygiel−Boyd in Support re: 29 MOTION for Leave to Amend to Assert Counterclaims against Plaintiff−Intervenor Shana Van Dunk. Document filed by American Tack & Hardware Co., Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 04/26/2005)

April 21, 2005
32

MOTION for Preliminary Injunction purs. to Rule 65 of the FRCP. Document filed by American Tack & Hardware Co., Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 04/26/2005)

April 21, 2005
33

MEMORANDUM OF LAW in Support re: 32 MOTION for Preliminary Injunction. Document filed by American Tack & Hardware Co., Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 04/26/2005)

April 21, 2005
34

DECLARATION of Jennifer Rygiel−Boyd in Support re: 32 MOTION for Preliminary Injunction. Document filed by American Tack & Hardware Co., Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 04/26/2005)

April 21, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference & Telephone Conference held on 5/3/2005. Next PTC set for 5/17/2005 at 8:45 (cc). (Submitted by Ed Modugno). (mde, ) (Entered: 05/04/2005)

May 3, 2005
35

MEMORANDUM OF LAW in Opposition re: 32 MOTION for Preliminary Injunction.. Document filed by Equal Employment Opportunity Commission, Eliza Taylor. (pf, ) (Entered: 05/11/2005)

May 11, 2005
36

DECLARATION of Louis Graziano in Opposition re: 32 MOTION for Preliminary Injunction.. Document filed by Equal Employment Opportunity Commission. (pf, ) (Entered: 05/11/2005)

May 11, 2005
37

DECLARATION of Louis Graziano in Opposition re: 32 MOTION for Preliminary Injunction.. Document filed by Equal Employment Opportunity Commission. (mde, ) (Entered: 05/17/2005)

May 11, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 5/17/2005, Telephone Conference held on 5/17/2005; adjourned date 6/10/05 at 8:45 cc. (jma, ) (Entered: 05/17/2005)

May 17, 2005
38

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non−Dispositive Motion/Dispute. Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 5/16/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 05/18/2005)

May 17, 2005
40

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non−Dispositive Motion/Dispute: Preliminary Injunction. Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 5/26/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 05/31/2005)

May 26, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Interim Pretrial Conference held on 5/31/2005; decision reserved; adjourned date 6/5/05 10am IP. (jma, ) (Entered: 06/02/2005)

May 31, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Motion Hearing held on 6/22/2005 re: 32 MOTION for Preliminary Injunction. filed by American Tack & Hardware Co., Inc., Richard Frant,. The Courts Decision on Motion for Preliminary Injunction is Denied. (See Record of) 6/22/05. (ae, ) (Entered: 06/27/2005)

June 22, 2005
41

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Steven J. Luckner dated 8/19/05 re: Defendants request an extension of the Court's 25−page limit for a supporting brief to a maximum of 59 pages; Defendants may file a supporting brief not to exceed 40 pages. (Signed by Judge Stephen C. Robinson on 9/1/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 09/06/2005)

Sept. 1, 2005

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 9/16/2005. Dft to file motions by 9/23/2005; response by 10/28/2005; replies by 11/18/2005. Order of Ref. entered to Judge Fox on motion. Next PTC set for 1/27/2006 at 11:00 a.m. See transcript. (Submitted by Brandon Skolnik). (Court Reporter Albi Gorn) (mde, ) (Entered: 09/21/2005)

Sept. 16, 2005
42

MOTION for Summary Judgment. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Ameritac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. Responses due by 10/28/2005 (Attachments: # 1 Affidavit Declaration of Steven J. Luckner# 2 Exhibit Exhibits 1−7 of Luckner Dec.# 3 Exhibit Exhibits 8−10 of Luckner Dec.# 4 Exhibit Exhibits 11−13 of Luckner Dec.# 5 Exhibit Exhibits 14−16 of Luckner Dec.# 6 Exhibit Exhibits 17−19 of Luckner Dec.# 7 Exhibit Exhibits 20−21 of Luckner Dec.# 8 Exhibit Exhibits 22−25 of Luckner Dec.# 9 Exhibit Exhibits 26−29 of Luckner Dec.# 10 Exhibit Exhibits 30−38 of Luckner Dec.# 11 Affidavit Declaration of Catherine Chambers# 12 Affidavit Declaration of Richard Frant# 13 Supplement Statement of Uncontested Material Facts# 14 Supplement Memorandum of Law in Support of Motion)(Lajewski, Leslie) (Entered: 09/23/2005)

Sept. 23, 2005
43

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial including non−dispositive pretrial motions. Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 9/20/2005) The Clerk's Office Has Mailed Copies.(tb, ) (Entered: 09/27/2005)

Sept. 27, 2005
44

MOTION for Leave to Amend to Assert Counterclaims against Plaintiff−Intervenor Shana Van Dunk. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 09/27/2005)

Sept. 27, 2005
45

MEMORANDUM OF LAW in REPLY to the EEOC's Opposition and in Further Support of their re: 32 MOTION for Preliminary Injunction under Rule 65. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 09/27/2005)

Sept. 27, 2005
46

DECLARATION of Leslie A. Lajewski in REPLY to the EEOC's Opposition in Further Support of re: 32 MOTION for Preliminary Injunction under Rule 65. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. (ae, ) (Entered: 09/27/2005)

Sept. 27, 2005
47

DECLARATION of Jennifer Rygiel−Boyd in REPLY to the EEOC's Opposition in Further Support of re: 32 MOTION for Preliminary Injunction under Rule 65. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc.,

Sept. 27, 2005
49

DECLARATION of Richard Frant in Support re: 42 MOTION for Summary Judgment. Document filed by Richard Frant. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
50

STATEMENT OF UNCONTESTED MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1 STATEMENT. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc.. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
51

MOTION for Summary Judgment. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
52

MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment.. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
53

DECLARATION of Catherine Chambers in Support re: 42 MOTION for Summary Judgment.. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
54

DECLARATION of Steven J. Luckner in Support re: 42 MOTION for Summary Judgment. (jma, ) (Entered: 10/04/2005)

Oct. 4, 2005
55

LETTER addressed to Judge Stephen C. Robinson from Leslie A. Lajewski dated 10/6/05 re: Defendants write in regards to removing the name of Jennifer Rygiel−Boyd, Esq. who has left our firm. Please add Steven J. Luckner, Esq. in her place. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant.(ae, ) (Entered: 10/11/2005)

Oct. 7, 2005
56

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Louis Graziano dated 10/7/2005 re:...that EEOC and Intervenor respond to the motion on 11/14/2005. This re−establishes the six week schedule, includes the lost days for the service confusion, and avoids the federal holiday on 11/11. Defendant then has three weeks, until 12/5/2005 to reply. SO ORDERED: (Signed by Judge Stephen C. Robinson on 10/12/2005) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 10/14/2005)

Oct. 13, 2005
57

NOTICE of Appearance by Steven J. Luckner on behalf of Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Ameritac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant (dcr, ) (Entered: 10/19/2005)

Oct. 17, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Interim Pretrial Conference held on 10/20/2005. Judge's Decision: Defendant's motion to amend answer FS. Copies of Motion to be sent to Magistrate as soon as possible. Matter adjourned to 10/27/05 at 10:15 am for oral argumenet (IP/OA). Submitted By: Ed Modugno, Courtroom Deputy (dcr, ) (Entered: 10/21/2005)

Oct. 20, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Oral Argument held on 10/27/2005 re: 29 MOTION for Leave to File Amend to Assert Counterclaims against Plaintiff−Intervenor Shana Van Dunk. filed by American Tack & Hardware Co., Inc.,. Motion to amend answer to counter claims deemed served. Plaintiff Intervenor has 10 days to answer, is granted. Responses to counter claim by 11/13/2005. 30B6 Deposition by 11/15/2005. Next PTC set for 11/16/2005 at 8:45 (cc). (Submitted by Ed Modugno). (Tape #1) (mde, ) . (Entered: 10/28/2005)

Oct. 27, 2005
58

COUNTERCLAIM against Shana Van Dunk.Document filed by American Tack & Hardware Co., Inc..(dcr, ) (Entered: 11/01/2005)

Nov. 1, 2005
59

EEOC COUNTER STATEMENT OF MATERIAL FACTS PURUANT TO 50 Rule 56.1 Statement. Document filed by Equal Employment Opportunity Commission. (jma, ) (Entered: 11/16/2005)

Nov. 14, 2005
60

PLAINTIFF'S EEOC'S RESPONSE TO DEFENDANT'S AMERTAC HOLDINGS INC. AMERICAN TACK HARDWARE CO., INC. AND RICHARD FRANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFF EEOC AND PLAINTIFF'S INTERVENORS ELISA TAYLOR AND SHANA VAN DUNK re: 51 MOTION for Summary Judgment.. Document filed by Equal Employment Opportunity Commission. (jma, ) (Entered: 11/16/2005)

Nov. 14, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Telephone/Status Conference held on 11/16/2005. Adjourned Date: 12/05/05 at 8:45 am (cc). Submitted By: Ed Modugno, Courtroom Deputy (dcr, ) (Entered: 11/17/2005)

Nov. 16, 2005
62

REPLY MEMORANDUM OF LAW in FURTHER Support re: 42 MOTION for Summary Judgment., 51 MOTION for Summary Judgment.. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Ameritac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant, American Tack & Hardware Co., Inc.. (dcr, ) (Entered: 12/05/2005)

Dec. 2, 2005
63

REPLY TO THE EEOC'S COUNTER STATEMENT OF MATERIAL FACTS. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Ameritac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant, American Tack & Hardware Co., Inc.. (dcr, ) (Entered: 12/05/2005)

Dec. 2, 2005
64

DECLARATION of Leslie A. Lajewski in FURTHER Support re: 42 MOTION for Summary Judgment.. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Ameritac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant, American Tack & Hardware Co., Inc.. (dcr, ) (Entered: 12/05/2005)

Dec. 2, 2005

Minute Entry for proceedings held before Judge Mark D. Fox : Telephone Conference & Status Conference held on 12/5/2005. Discovery complete. Closed for Magistrate purposes. (Submitted by Ed Modugno). (mde, ) (Entered: 12/06/2005)

Dec. 5, 2005

CASE NO LONGER REFERRED to Magistrate Judge Mark D. Fox. (mde, ) (Entered: 12/06/2005)

Dec. 5, 2005
65

RESPONSE to Motion re: 51 MOTION for partial Summary Judgment Amended Copy of Declaration of Louis Graziano. Document filed by Equal Employment Opportunity Commission. (ll, ) (Entered: 12/08/2005)

Dec. 7, 2005
66

(AMENDED) EEOC COUNTER STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1 STATEMENT. Document filed by Equal Employment Opportunity Commission. (jma, ) (Entered: 12/09/2005)

Dec. 7, 2005
67

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Steven Luckner dated 12/2/2005 re: request an extension of the Court's 10−page limit for our reply brief to a maximum to of 20 pages. We have received consent for this extension from our adversary, the EEOC... Endorsement: So Ordered. (Signed by Judge Stephen C. Robinson on 12/5/2005) The Clerk's Office Has Mailed Copies.(tb, ) (Entered: 12/14/2005)

Dec. 13, 2005
68

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Steven J. Luckner dated 12/21/05 re: Counsel for defendants request that Your Honor assign a new date for oral argument in this action; Oral argument scheduled for 1/27/06 is adjourned. New conference is scheduled for 3/28/06 at 9:30 a.m. Oral Argument set for 3/28/2006 09:30 AM before Stephen C. Robinson. (Signed by Judge Stephen C. Robinson on 1/4/06) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 01/09/2006)

Jan. 6, 2006

Minute Entry for proceedings held before Judge Stephen C. Robinson : Oral Argument held on 3/28/2006 re: 42 MOTION for Summary Judgment. filed by Amertac Holdings, Inc.,, American Tack & Hardware Co., Inc.,, Ameritac Holdings, Inc.,, Richard Frant,, 51 MOTION for Summary Judgment. filed by Amertac Holdings, Inc.,, American Tack & Hardware Co., Inc.,, Richard Frant, Oral Arg. on Deft's. motion for summary judgment. Decision reserved. (Court Reporter Albi Gorn) (jma, ) (Entered: 03/28/2006)

March 28, 2006
69

NOTICE OF CHANGE OF ADDRESS by Leslie Ann Lajewski on behalf of Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. New Address: Grotta,Glassman & Hoffman, P.C., 75 Eisenhower Parkway, Roseland, New Jersey, 07068. (mde, ) (Entered: 05/09/2006)

May 8, 2006
70

MEMORANDUM DECISION AND ORDER granting in part and denying in part 51 Motion for Summary Judgment....For the reasons stated above, Defendant's motion for partial summary judgment is denied in part and granted in part. So Ordered. (Signed by Judge Stephen C. Robinson on 9/29/06) The Clerk's Office Has Mailed Copies.(fk, ) Modified on 10/12/2006 (mde, ). Modified on 10/12/2006 (fk, ). (Entered: 10/03/2006)

Sept. 29, 2006
71

NOTICE of Substitution of Attorney. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. Added attorney Leslie Ann Lajewski for Amertac Holdings, Inc. and American Tack & Hardware Co., Inc.. (jma, ) (Entered: 11/01/2006)

Oct. 30, 2006
72

NOTICE of Substitution of Attorney. Document filed by Amertac Holdings, Inc., American Tack & Hardware Co., Inc., Richard Frant. Added attorney Leslie A. Lajewski for Amertac Holdings, Inc. and American Tack & Hardware Co., Inc.. Attorney Leslie Ann Lajewski terminated. (mde) (Entered: 01/16/2007)

Jan. 16, 2007

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 1/26/2007. Plaintiff Intervenor is to file substituion of counsel by 02/02/2007, response due 02/09/2007, reply by 02/16/2007. Order of ref. to MJ Fox for settlement. (Court Reporter Sue Ghorayeb) (jma) (Entered: 01/30/2007)

Jan. 26, 2007

Set Deadlines/Hearings:substitution of counsel by 02/02/07, response due 02/09/2007, reply by 02/16/2007. (jma) (Entered: 01/30/2007)

Jan. 26, 2007
73

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 01/30/2007) "The Clerk's Office Has Mailed Copies.(jma) (Entered: 01/31/2007)

Jan. 30, 2007
74

NOTICE OF APPEARANCE by Parisis G. Filippatos on behalf of Eliza Taylor, Shana Van Dunk (mde) (Entered: 02/01/2007)

Feb. 1, 2007
75

NOTICE of Substitution of Attorney. Document filed by Eliza Taylor, Shana Van Dunk. Added attorney Parisis G. Filippatos for Eliza Taylor and Shana Van Dunk. Attorney Michael A. Koplen terminated. (jma) (Entered: 03/08/2007)

March 8, 2007

Minute Entry for proceedings held before Judge Mark D. Fox : Settlement Conference held on 3/12/2007. Settlement discussions taken place with no settlement agreement. Matter Adj. Adjourned date 03/27/2007 at 8:45 cc. (Tape #1) (jma) (Entered: 03/12/2007)

March 12, 2007

Set Deadlines/Hearings: Telephone Conference set for 3/27/2007 08:45 AM before Magistrate Judge Mark D. Fox. (jma) (Entered: 03/12/2007)

March 12, 2007

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 3/27/2007. Telephone Conference set for 4/9/2007 09:00 AM before Magistrate Judge Mark D. Fox. (jma) (Entered: 03/27/2007)

March 27, 2007

Minute Entry for proceedings held before Judge Mark D. Fox : Status Conference held on 4/9/2007. Adjourned Date 5/15/2007 at 8:45(cc). Submitted by David Cruz. (cg) (Entered: 04/09/2007)

April 9, 2007

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 14, 2003

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two women and a class of women that were discriminated against because of their sex.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

American Tack & Hardware Co., Inc., Private Entity/Person

Amertac Holdings, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: $ 325,000.00

Order Duration: 2008 - 2011

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit