Case: EEOC v. I.G. BURTON OF SEAFORD

1:06-cv-00524 | U.S. District Court for the District of Delaware

Filed Date: Aug. 24, 2006

Closed Date: Dec. 19, 2010

Clearinghouse coding complete

Case Summary

On August 24, 2006, the Wilmington office of the Equal Employment Opportunity Commission filed a lawsuit under the Age Discrimination in Employment Act against I.G. Burton of Seaford in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendants had violated ADEA-protected rights of the complainant, who worked for the defendant as a "runner," driving and delivering vehicles, by firing him on the basis of his age. On December 17, 2007, the parties entered into a …

On August 24, 2006, the Wilmington office of the Equal Employment Opportunity Commission filed a lawsuit under the Age Discrimination in Employment Act against I.G. Burton of Seaford in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendants had violated ADEA-protected rights of the complainant, who worked for the defendant as a "runner," driving and delivering vehicles, by firing him on the basis of his age.

On December 17, 2007, the parties entered into a consent decree, which the court adopted two days later and closed the case. Under the decree, the defendants agreed to pay $70,000 in damages to three former employees that they terminated on the basis of age. The decree enjoined the defendants from discriminating unlawfully on the basis of age, and it required them to post notice of their employees' rights in a conspicuous location at their place of business. Under the decree, the EEOC had the right to send a representative (unannounced) to the defendants' place of business to determine whether they were in compliance with the terms of the consent decree that required them to post such notice. The defendants agreed to provide EEO training to all management personnel within 180 days of the entry of the consent decree, and annually thereafter during the life of the decree. The defendants were required to send a report to the EEOC within 10 days of their completion of the training requirements of the decree. The defendants agreed to provide the EEOC with a copy of all training materials that they used to train their management personnel. They also agreed to give the EEOC the right to prior approval of the person that they hired to administer the training. The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Kristen Sagar (6/10/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. I.G. Burton of Seaford LLC

Dec. 19, 2007 Docket
1

Complaint

Equal Employment Opportunity Commission v. I.G. Burton of Seaford LLC

Aug. 24, 2006 Complaint
20

Consent Decree

Equal Employment Opportunity Commission v. I.G. Burton of Seaford LLC

Dec. 19, 2007 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed with Jury Demand against I.G. Burton of Seaford LLC - Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(ead, ) (Entered: 08/28/2006)

Aug. 24, 2006

Summons Issued as to I.G. Burton of Seaford LLC on 8/24/2006. (ead, ) (Entered: 08/28/2006)

Aug. 24, 2006
2

Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (ead, ) (Entered: 08/28/2006)

Aug. 24, 2006

Case assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (bkb, ) (Entered: 09/06/2006)

Sept. 6, 2006
3

NOTICE of Appearance by Barry M. Willoughby on behalf of I.G. Burton of Seaford LLC (Willoughby, Barry) (Entered: 10/27/2006)

Oct. 27, 2006
4

ANSWER to Complaint with Jury Demand by I.G. Burton of Seaford LLC.(Willoughby, Barry) (Entered: 11/09/2006)

Nov. 9, 2006
5

ORDER, Setting Deadlines/Hearings Scheduling TeleConference set for 1/31/2007 08:15 AM before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/4/07. (rld) (Entered: 01/05/2007)

Jan. 5, 2007
6

NOTICE OF SERVICE of Defendant's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) by I.G. Burton of Seaford LLC.(Willoughby, Barry) (Entered: 01/29/2007)

Jan. 29, 2007
7

MOTION for Pro Hac Vice Appearance of Attorney Terrence R. Cook and Mary M. Tiernan - filed by Equal Employment Opportunity Commission. (McCann, Douglas) Additional attachment(s) added on 1/29/2007 (fmt, ). (Entered: 01/29/2007)

Jan. 29, 2007

CORRECTING ENTRY: The initial attachment to D.I. 7 did not have counsel's signature on the certificate of service. The initial attachment has been deleted and the proper one is now attached. (fmt) (Entered: 01/29/2007)

Jan. 29, 2007
8

Joint PROPOSED ORDER for Scheduling Order by Equal Employment Opportunity Commission, I.G. Burton of Seaford LLC. (Stafford, Michael) (Entered: 01/30/2007)

Jan. 30, 2007

SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney Terrence R. Cook and Mary M. Tiernan filed by Equal Employment Opportunity Commission. Signed by Judge Sue L. Robinson on 1/30/07. (rld) (Entered: 01/30/2007)

Jan. 30, 2007
9

SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/16/2007.,Amended Pleadings due by 3/16/2007.,Discovery due by 8/28/2007.,Dispositive Motions due by 9/28/2007.,Motions in Limine due by 2/19/2008.,Responses to Motions in Limine due by 2/26/2008.,Answering Brief due 10/29/2007.,Reply Brief due 11/12/2007.,Pretrial Conference set for 3/4/2008 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson.,Jury Trial set for 3/24/2008 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/31/07. (rld) (Entered: 01/31/2007)

Jan. 31, 2007

Minute Entry for proceedings held before Judge Sue L. Robinson : Scheduling TeleConference held on 1/31/2007. (Court Reporter n/a.) (rld) (Entered: 02/02/2007)

Jan. 31, 2007
10

Joint STIPULATION TO EXTEND TIME Submission of Expert Witness Reports to June 18, 2007 - filed by I.G. Burton of Seaford LLC. (DiBianca, Margaret) (Entered: 05/10/2007)

May 10, 2007

SO ORDERED, re 10 Joint STIPULATION TO EXTEND TIME Submission of Expert Witness Reports due June 18, 2007, any rebuttal report(s) due 7/18/07, filed by I.G. Burton of Seaford LLC. Signed by Judge Sue L. Robinson on 5/14/07. (rld) (Entered: 05/15/2007)

May 15, 2007
11

NOTICE OF SERVICE of Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 05/31/2007)

May 31, 2007
12

NOTICE to Take Deposition of John Collison on July 17, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)

June 22, 2007
13

NOTICE to Take Deposition of Blair McMasters on July 17, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)

June 22, 2007
14

NOTICE to Take Deposition of Richard Sachs on July 18, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)

June 22, 2007
15

NOTICE to Take Deposition of Jennings Wooters on July 18, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)

June 22, 2007
16

NOTICE OF SERVICE of Expert Disclosure by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 07/06/2007)

July 6, 2007
17

Joint STIPULATION TO EXTEND TIME to Complete Fact Discovery to November 27, 2007 - filed by I.G. Burton of Seaford LLC. (DiBianca, Margaret) (Entered: 07/17/2007)

July 17, 2007

SO ORDERED, re 17 Joint STIPULATION TO EXTEND TIME to Complete Fact Discovery to November 27, 2007 filed by I.G. Burton of Seaford LLC; ReSetting Scheduling Order Deadlines: Discovery due by 11/27/2007.Dispositive Motions due by 1/7/2008.Answering Brief due 2/7/2008.Reply Brief due 2/21/2008. Reports from retained experts due 8/30/07; rebuttal expert reports due 9/30/07. The pretrial and trial previously scheduled are removed from the court's calendar at this time, to be rescheduled, if need be, upon resolution of the dispostive motion(s). Signed by Judge Sue L. Robinson on 7/18/07. (rld) (Entered: 07/20/2007)

July 20, 2007
18

NOTICE OF SERVICE of Defendant's Second Set of Interrogatories Directed to Plaintiff by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 07/26/2007)

July 26, 2007
19

PROPOSED CONSENT JUDGMENT by Equal Employment Opportunity Commission. (McCann, Douglas) (Entered: 12/17/2007)

Dec. 17, 2007
20

CONSENT DECREE - (SEE ORDER FOR DETAILS) - Signed by Judge Sue L. Robinson on 12/19/07. ***Civil Case Terminated. (rwc) (Entered: 12/19/2007)

Dec. 19, 2007

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 24, 2006

Closing Date: Dec. 19, 2010

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

I.G. Burton of Seaford LLC (Seaford, Delaware and Milford, Delaware), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

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: 70000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits