Case: EEOC v. CREATIVE PLAYTHINGS LTD

2:04-cv-03243 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 9, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The EEOC sued Creative Playthings, LTD., a national producer and distributor of playground swing sets, on July 9, 2004 in the U.S. District Court for the Eastern District of Pennsylvania. The EEOC's complaint is not available, however, the intervenor's complaint is and states the causes of action for this suit. Creative allegedly violated Title VII when it discriminated against the intervenor, who intervened in October 2004, based on race (African American) for his promotion of two African Am…

The EEOC sued Creative Playthings, LTD., a national producer and distributor of playground swing sets, on July 9, 2004 in the U.S. District Court for the Eastern District of Pennsylvania. The EEOC's complaint is not available, however, the intervenor's complaint is and states the causes of action for this suit. Creative allegedly violated Title VII when it discriminated against the intervenor, who intervened in October 2004, based on race (African American) for his promotion of two African American individuals and for his complaints of retaliation against himself. The parties entered into a consent decree on September 13, 2005 which has an effective period of three years.

This consent decree required the defendant to: pay $221,360 to a class of 6 individuals, pay $53,640 in attorney's fees, to expunge the employment records of the claimants, to post notice of rights, to develop an anti-discrimination and harassment policy, to distribute this policy to all employees, to provide annual training to all supervisory and management positions, and to provide a 24 hour toll-free message center for employees to lodge complaints of discrimination. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Keri Livingston (6/11/2007)

Documents in the Clearinghouse

Document

2:04-cv-03243

Docket

EEOC v. Creative Playthings LTD

Sept. 13, 2005

Sept. 13, 2005

Docket
12

2:04-cv-03243

Complaint [Plaintiff Intervenor]

EEOC v. Creative Playthings LTD

Nov. 4, 2004

Nov. 4, 2004

Complaint
28

2:04-cv-03243

Order [Motion to Dismiss]

EEOC v. Creative Playthings LTD

375 F.Supp.2d 427

June 21, 2005

June 21, 2005

Order/Opinion
37

2:04-cv-03243

Consent Decree

EEOC v. Creative Playthings

Sept. 13, 2005

Sept. 13, 2005

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link

Summons Issued; 1 Mailed to counsel 7/9/04 as to CREATIVE PLAYTHINGS, INC. (tj, ) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

2

Affidiavit of Service of JACKEY B. GRIFFIN re: service of Summons and Complaint upon JARED KANE on behalf of DEFENDANT CREATIVE PLAYTHINGS, INC. by Personal Servie on 8/5/2004, answer due 8/25/2004. (jpd) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

3

STIPULATION AND ORDER THAT DEFENDANT CREATIVE PLAYTHINGS, INC. SHALL HAVE UNTIL 9/10/2004 IN WHICH TO ANSWER THE PLAINITFFS COMPLAINT. SIGNED BY JUDGE ANITA B. BRODY ON 8/23/04. 8/23/04 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/20/04. (jpd) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

4

DEMAND for Trial by Jury by CREATIVE PLAYTHINGS, INC., Certificate of Service. (EDWARDS, DAVID) Modified on 9/13/2004 (md) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

5

Defendant's ANSWER to Complaint, with Affirmative Defenses, Jury Demand, and Certificate of Service, filed by CREATIVE PLAYTHINGS, INC. (EDWARDS, DAVID) Modified on 9/13/2004 (md) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

6

NOTICE of Hearing:SCHEDULING CONFERENCE IS SET FOR 9/27/2004 04:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE ANITA B. BRODY. (9/10/04) ENTERED AND COPIES SENT VIA ECF AND U.S. MAIL.(mo, ) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

7

ORDER THAT THE RULE 16 CONFERENCE SCHEDULED FOR MONDAY, SEPTEMBER 27, 2004 AT 4:30 P.M. IS CANCELED AND RESCHEDULED FOR 10/26/2004 04:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE ANITA B. BRODY.SIGNED BY JUDGE ANITA B. BRODY ON 09/17/2004. 09/17/2004 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

8

Praecipe to Substitute Attorney Iris A. Santiago-Flores filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (ANGLADE, WOODY) Modified on 10/8/2004 (np). (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

9

MOTION TO INTERVENE FILED BY GERALD FLANAGAN.MEMORANDUM OF POINTS, CERTIFICATE OF SERVICE. (Attachments: # 1 CERTIFICATE OF SERVICE# 2 MEMORANDUM# 3 PROPOSED ORDER# 4 INTERVENOR COMPLAINT AND (5) JURY DEMAND)(wgc, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

10

ORDER THAT THE MOTION TO INTERVENE BY GERALD FLANAGAN (DOCKET ENTRY #9) IS GRANTED AS STATED ON THE RECORD OF 10/26/04. SIGNED BY JUDGE ANITA B. BRODY ON 10/28/04.10/28/04 ENTERED AND COPIES MAILED AND E-MAILED BY CHAMBERS ON 10/28/04. (jpd) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

12

Intervenor COMPLAINT, filed by GERALD FLANAGAN against DEFENDANT CREATIVE PLAYTHINGS, LTD., Certificaet of Service. (Attachments: # 1 Certificate of Service). (jpd) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

13

TRANSCRIPT of Proceedings held on 10/26/04 before Judge BRODY. Court Reporter: JAMES SCHEIDT. IN CHAMBERS-RULE 16 CONFERENCE. (jl, ) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

14

Minute Entry for RULE 16 CONFERENCE held before Judge ANITA B. BRODY on 10/26/04 (jpd). (Entered: 11/12/2004)

Nov. 10, 2004

Nov. 10, 2004

15

ORDER that DISCOVERY DUE BY 5/26/2005, MOTIONS IN LIMINE DUE BY 6/23/2005, DISPOSITIVE MOTIONS DUE JUNE 23, 2005, PLAINTIFF PRETRIAL MEMO DUE BY 7/7/2005. DEFENDANT PRETRIAL MEMO DUE BY 6/23/2005 AND TRIAL POOL SET FOR 7/25/2005.SIGNED BY JUDGE ANITA B. BRODY ON 11/9/2004. 11/12/2004 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) Modified on 11/18/2004 (mo, ). (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

16

First MOTION to Dismiss filed by CREATIVE PLAYTHINGS, LTD..Memorandum, Certificate of Service, Order. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit D# 4 Exhibit Exhibit C# 5 Exhibit Exhibit E)(EDWARDS, DAVID) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

17

RESPONSE in Opposition re 16 First MOTION to Dismiss filed by GERALD FLANAGAN. (DUDASH, ROBERT) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

18

Memorandum in Opposition re 16 First MOTION to Dismiss filed by GERALD FLANAGAN. (DUDASH, ROBERT) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

19

Proposed Order RE: RESPONSE in Opposition re 16 First MOTION to Dismissfiled by GERALD FLANAGAN. (DUDASH, ROBERT) Modified on 12/3/2004 (np). (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

20

Certificate of Service RE: RESPONSE in Opposition re 16 First MOTION to Dismiss filed by GERALD FLANAGAN. (DUDASH, ROBERT) Modified on 12/3/2004 (np). (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

21

ORDER that DISCOVERY DUE BY 5/26/2005, DISPOSITIVE MOTIONS DUE JUNE 23, 2005, MOTIONS IN LIMINE DUE BY 7/21/2005, PLAINTIFF PRETRIAL MEMO DUE BY 7/7/2005, DEFENDANT PRETRIAL MEMO DUE BY 7/7/2005 AND TRIAL POOL SET FOR 7/25/2005.SIGNED BY JUDGE ANITA B. BRODY ON 12/02/2004. 12/06/2004 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) Modified on 12/7/2004 (mo, ). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

22

REPLY to Response to Motion re 16 First MOTION to Dismiss filed by CREATIVE PLAYTHINGS, LTD.. (EDWARDS, DAVID) (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE-FILE CORRECTED DOCUMENT) Modified on 12/10/2004 (np). (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

24

SCHEDULING ORDER THAT ALL DISCOVERY DUE BY 6/27/2005. PLAINTIFF'S EXPERT REPORT DUE MAY 26, 2005; DEFENDANT'S REPORT DUE 6/13/05; DEPOSITIONS OF ALL EXPERTS TO BE COMPLETED BY 6/22/05; DISPOSITIVE MOTIONS DUE 6/22/05; EXCHANGE OF EXHIBITS DUE 8/8/05; ALL MOTIONS IN LIMINE DUE BY 8/22/2005. PLAINTIFF PRETRIAL MEMO DUE BY 8/8/2005. DEFENDANT PRETRIAL MEMO DUE BY 8/8/2005. TRIAL POOL SET FOR 8/29/2005.. SIGNED BY JUDGE ANITA B. BRODY ON 3/29/05. 3/30/05 ENTERED AND COPIES MAILED AND E-MAILED (ldb, ) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

25

NOTICE of Appearance by RODNEY E. GOULD on behalf of CREATIVE PLAYTHINGS, LTD., CREATIVE PLAYTHINGS, LTD. (GOULD, RODNEY) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

26

STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT BETWEEN PLAINTIFF EEOC AND DEFENDANT CREATIVE PLAYTHINGS. SIGNED BY JUDGE ANITA B. BRODY ON 6/6/05. 6/6/05 ENTERED AND COPIES MAILED. (jpd) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

27

MOTION for Leave to Appear Pro Hac Vice filed by CREATIVE PLAYTHINGS, LTD..Motion, Memorandum, Declaration of David Edwards, Declaration of Robert Mueller, Certificate of Service.(EDWARDS, DAVID) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

28

MEMORANDUM AND ORDER - UPON CONSIDERATION OF CREATIVE PLAYTHINGS'S MOTION TO DISMISS, FLANAGN'S RESPONSE, AND CREATIVE PLAYTHINGS'S REPLY, IT IS ORDERED THAT THE MOTION TO DISMISS (DOCKET #16) IS GRANTED IN PART AND DENIED IN PART. - IT IS GRANTED AS TO THE PORTION OF THE FIFTH COUNT OF FLANAGAN'S INTERVENOR COMPLAINT ALLEGING INFLICTION OF EMOTIONAL DISTRESS ARISING OUT OF FLANGAN'S EMPLOYMENT RELATIONSHIP WITH CREATIVE PLAYTHINGS. - IT IS DENIED AS TO THE PORTION OF THE FIFTH COUNT OF FLANAGAN'S INTERVENOR COMPLAINT ALLEGING INFLICTION OF EMOTIONAL DISTRESS OCCURRING AFTER FLANAGAN'S EMPLOYMENT WAS TERMINATED. - IT IS FURTHER DENIED AS TO THE THIRD, FOURTH, SIXTH, AND SEVENTH COUNTS OF FLANAGAN'S INTERVENOR COMPLAINT. SIGNED BY JUDGE ANITA B. BRODY ON 06/21/2005.06/21/2005 ENTERED AND COPIES VIA ECF AND U.S. MAIL. (mo, ) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

29

DEFENDANT CREATIVE PLAYTHINGS, LTD.'S MOTION FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (jpd) Additional attachment(s) added on 6/28/2005 (jpd, ). (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

30

RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ANGLADE, WOODY) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

32

MEMORANDUM of Fact and Law of Plff. In RESPONSE and OBJECTION to Deft's MOTION for Summary Judgment filed by GERALD FLANAGAN.Declaration, Certificate of Service. (pr, ) Additional attachment(s) added on 8/24/2005 (jpd, ). (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

33

Minute Entry for proceedings held before Judge DIANE M. WELSH : Settlement Conference held on 7/19/05. (le, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

34

ORDER that A STATUS CONFERENCE IS SET FOR 8/26/2005 AT 09:30 AM IN JUDGE'S CHAMBERS, ROOM 7613 ON THE 7TH FLOOR, BEFORE HONORABLE ANITA B. BRODY.. SIGNED BY JUDGE ANITA B. BRODY ON 08/19/2005. 08/19/2005 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

35

ORDER THAT THE STATUS CONFERENCE SCHEDULED FOR 8/26/05 IS RESCHEDULED TO 9/21/2005 AT 4:30 P.M. . SIGNED BY JUDGE ANITA B. BRODY ON 08/24/05. 08/24/05 ENTERED AND COPIES MAILED, E-MAILED (ldb, ) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

Set/Reset Hearings: STATUS CONFERENCE SET FOR 9/21/2005 04:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE ANITA B. BRODY. (ldb, ) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

36

Minute Entry for Telephone Conference held before Judge ANITA B. BRODY on 9/13/05: ESR: JAMES F.G. SCHEIDT : Counsel identify themselves for the record: Court inquires if Counsel agrees with Settlement: Counsel does agree with settlement as stated on the record: Court inquires Counsel as to the other plaintiffs who may be similarly situated as class members as stated on the record: Counsel respondes to the Courts inquiry and clarifies the circumstances as stated on the record: The Court shall sign the consent decree. (jpd) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

37

ORDER THAT THIS CONSENT DECREE SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WHICH WERE RAISED BY THE EEOC IN ITS COMPLAINT IN CIVIL ACTION NO. 04-CV-3243. THE CLERK OF COURT IS HEREBY DIRECTED TO SEND A FILE STAMPED COPY OF THE CONSENT DECREE TO COUNSEL OF RECORD. SIGNED BY JUDGE ANITA B. BRODY ON 9/13/05. 9/14/05 ENTERED AND COPIES MAILED.(jpd) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 9, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Creatinve Playthings, Ltd. (West Chester, PA), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 275000

Order Duration: 2005 - 2008

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Implement complaint/dispute resolution process

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Hispanic