Case: Equal Employment Opportunity Commission v. Nichols Gas and Oil

6:05-cv-06482 | U.S. District Court for the Western District of New York

Filed Date: Sept. 14, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive dis…

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive discharge of claimants due to the ongoing pervasive sexual harassment. The EEOC sought injunctive and monetary relief against the defendants. The case was assigned to Judge Marian Payson.

Prior to submitting an answer to the complaint, defendant Nichols Gas and Oil, Inc. filed a motion to dismiss portions of the EEOC's complaint. The court denied this motion on March 13, 2016.

As this lawsuit was moving through the court, Townsend Oil Corporation (Townsend) purchased defendant Nichols Gas & Oil. The EEOC filed an amended complaint in 2007, adding Townsend as a defendant to the lawsuit.

In 2008, the parties’ began discovery proceedings. On January 14, 2010, the court made a ruling on the defendants’ motion for summary judgment and the EEOC’s cross motion for summary judgment. Both motions concerned whether Townsend--the entity that purchased Nicholas--should be liable for compensatory and punitive damages. The court found that Townsend could only be found liable for compensatory damages.

On September 11, 2012, the court approved the parties’ consent decree. This decree gave the court jurisdiction over the matter for ten years as to Nicholas and five years as to Townsend. The consent decree pertained to injunctive and monetary relief. For monetary relief, the defendants agreed to pay $150,000.00 to the claimants. For injunctive relief, the defendants agreed to refrain from sex discrimination and retaliation. Moreover, the defendants agreed to reform their policies and procedures to align with Title VII. To ensure compliance with Title VII, the defendant agreed to provide training to all employees through an EEOC approved entity and report to the EEOC any complaints of sex discrimination or retaliation.

As of May 2020, the consent decree is ongoing, and there has been no further litigation.

Summary Authors

Justin Kanter (5/28/2008)

Sean Whetstone (5/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4357960/parties/equal-employment-opportunity-commission-v-nichols-gas-and-oil-inc/


Judge(s)

Payson, Marian W. (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Biltekoff, Judith Ann (New York)

Burstein, Jeffrey C. (New Jersey)

Cadle, Delia Dianna (New York)

Chandy, Sunu P. (New York)

Curtin, Nora E. (Florida)

Grossman, Elizabeth (New York)

Rose, Robert D. (New York)

Salacuse, Maria (Maryland)

Judge(s)

Payson, Marian W. (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Biltekoff, Judith Ann (New York)

Burstein, Jeffrey C. (New Jersey)

Cadle, Delia Dianna (New York)

Chandy, Sunu P. (New York)

Curtin, Nora E. (Florida)

Grossman, Elizabeth (New York)

Rose, Robert D. (New York)

Salacuse, Maria (Maryland)

Attorneys(s) for Defendant

Cordello, Elizabeth A. (New York)

DeLuca, R. Scott (New York)

Keneally, Paul F. (New York)

Wang, Jennifer L. (New York)

Wolford, James Scott (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

April 6, 2016 Docket
1

Complaint

EEOC v. Nichols Gas and Oil, Inc.

Sept. 14, 2005 Complaint
10

Opinion

EEOC v. Nichols Gas and Oil, Inc.

2006 WL 692345

March 13, 2006 Order/Opinion
40

First Amended Complaint

EEOC v. Nichols Gas and Oil, Inc.

518 F.Supp.2d 505

Oct. 1, 2007 Complaint
75

Decision & Order

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

256 F.R.D. 114

March 9, 2009 Order/Opinion
92

Decision and Order

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

688 F.Supp.2d 193

Jan. 13, 2010 Order/Opinion
115

Consent Decree

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

2012 WL 6211836

Sept. 11, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4357960/equal-employment-opportunity-commission-v-nichols-gas-and-oil-inc/

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

ECF Number Description Date Link
1

COMPLAINT against Nichols Gas and Oil, Inc., filed by Equal Employment Opportunity Commission.(TO, ) (Entered: 09/14/2005)

Sept. 14, 2005 RECAP
2

MOTION to Dismiss Portions of Plaintiff's Complaint, MOTION for More Definite Statement by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 11/18/2005)

Nov. 18, 2005 PACER
3

AFFIDAVIT in Support re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement Attorney Affidavit in Support of Defendant's Motion filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A)(DeLuca, R. Scott) (Entered: 11/18/2005)

2 Exhibit A

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Nov. 18, 2005 PACER
4

MEMORANDUM in Support re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 11/18/2005)

Nov. 18, 2005 PACER
5

MOTION SCHEDULING ORDER re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc. Signed by Hon. Charles J. Siragusa on 12/19/05. (KAR, ) (Entered: 12/19/2005)

Dec. 19, 2005 PACER
6

RESPONSE in Opposition re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Chandy Declaration# 2 Exhibit A - Foss Charge# 3 Exhibit B - Notice of Foss Charge# 4 Exhibit C - ThielLetter# 5 Exhibit D - Determination# 6 Exhibit E-June9ConcilProposal# 7 Exhibit F-June30ConcilLetter# 8 Exhibit G-case-McNaMara# 9 Exhibit H-case-Fisher# 10 Exhibit I-case-Venator# 11 Exhibit J-Northwest# 12 Exhibit K-Consolidated# 13 Exhibit L-Caraveo)(Chandy, Sunu) (Entered: 01/09/2006)

2 Affidavit Chandy Declaration

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3 Exhibit A - Foss Charge

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4 Exhibit B - Notice of Foss Charge

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5 Exhibit C - ThielLetter

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6 Exhibit D - Determination

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7 Exhibit E-June9ConcilProposal

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8 Exhibit F-June30ConcilLetter

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9 Exhibit G-case-McNaMara

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10 Exhibit H-case-Fisher

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11 Exhibit I-case-Venator

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12 Exhibit J-Northwest

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13 Exhibit K-Consolidated

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14 Exhibit L-Caraveo

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Jan. 9, 2006 PACER
7

NOTICE of Appearance by Maria Salacuse on behalf of Equal Employment Opportunity Commission (Salacuse, Maria) (Entered: 01/10/2006)

Jan. 10, 2006 PACER
8

REPLY to Response to Motion re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement Defendant's Reply Memo of Law in Support of Defendant's Motions filed by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 02/01/2006)

Feb. 1, 2006 PACER
9

Minute Entry for proceedings held before Judge Charles J. Siragusa : Motion Hearing held on 3/9/2006 re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc.,. Court will render a decision in 60 days. (Court Reporter Karen Winter.) (MSH, ) (Entered: 03/09/2006)

March 9, 2006 PACER
10

DECISION AND ORDER denying 2 Motion to Dismiss, denying 2 Motion for More Definite Statement. Defendant shall file and serve an answer to the complaint within ten days of the date of this Decision and Order. By separate order, the undersigned will refer this case to the Hon. Marian W. Payson for all non-dispostive pretrial matters. Signed by Judge Charles J. Siragusa on 3/13/06. (KAR, ) (Entered: 03/13/2006)

March 13, 2006 RECAP
11

ORDER REFERRING CASE to Magistrate Judge Marian W. Payson. Signed by Hon. Charles J. Siragusa on 3/17/06. (TO, ) (Entered: 03/20/2006)

March 17, 2006 PACER
12

ANSWER to Complaint by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 03/27/2006)

March 27, 2006 PACER
13

ORDER Scheduling Conference set for 5/10/2006 11:00 AM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 3/28/2006. (KAH) (Entered: 03/28/2006)

March 28, 2006 PACER
14

Corporate Disclosure Statement by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 05/04/2006)

May 4, 2006 PACER
15

REPORT of Rule 26(f) Planning Meeting. (DeLuca, R. Scott) (Entered: 05/04/2006)

May 4, 2006 PACER
18

Minute Entry for proceedings held before Judge Marian W. Payson : Appearances: Marian Salucuse, Esq. for plaintiff; R. Scott DeLuca, Esq. for defendantScheduling Conference held on 5/10/2006. (CAM, ) (Entered: 05/18/2006)

May 10, 2006 PACER
16

SCHEDULING ORDER: Status Conference set for 2/14/2007 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 6/2/2006. Join Parties/Amend Pleadings due by 7/31/2006. Fact Discovery due by 2/28/2007. Plaintiff Expert Witness ID due by 2/28/2007. Defendant Expert Witness ID due by 3/30/2007. Expert Discovery due by 5/15/2007. Dispositive Motions due by 7/16/2007. Signed by Hon. Marian W. Payson on 5/11/2006. (KAH) (Entered: 05/11/2006)

May 11, 2006 PACER
17

AMENDED SCHEDULING ORDER (to correct status conference date): Status Conference set for 2/14/2007 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 6/2/2006. Join Parties/Amend Pleadings due by 7/31/2006. Fact Discovery due by 2/28/2007. Plaintiff Expert Witness ID due by 2/28/2007. Defendant Expert Witness ID due by 3/30/2007. Expert Discovery due by 5/15/2007. Dispositive Motions due by 7/16/2007. Signed by Hon. Marian W. Payson on 5/15/2006. (KAH) (Entered: 05/16/2006)

May 15, 2006 PACER
19

STIPULATION AND ORDER amending paragraph 2 of the court's amended scheduling order filed 5/15/06: Join Parties/Amend Pleadings due by 8/31/2006.. Signed by Hon. Marian W. Payson on 6/28/06. (TO, ) (Entered: 06/30/2006)

June 30, 2006 PACER
20

NOTICE of Appearance by Sunu P. Chandy on behalf of Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 07/10/2006)

July 10, 2006 PACER
21

STIPULATION AND ORDER that the parties agree to amending paragraph 2 of the court's amended scheduling order filed 5/15/06 and as amended by this courts order of 6/28/06 (see order). Signed by Hon. Marian W. Payson on 8/9/06. (TO, ) (Entered: 08/14/2006)

Aug. 11, 2006 PACER
22

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Hon. Marian W. Payson on 8/11/2006. (KAH) (Entered: 08/14/2006)

Aug. 11, 2006 PACER
23

First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support # 2 Affidavit)(Chandy, Sunu) (Entered: 01/16/2007)

2 Memorandum in Support

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3 Affidavit

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Jan. 16, 2007 PACER
24

Sealed Document to #23 (Attachments: # 1 Exhibit b# 2 Exhibit c# 3 Exhibit d# 4 Exhibit e# 5 Exhibit f# 6 Exhibit g# 7 Exhibit h# 8 Exhibit i# 9 Exhibit j# 10 Exhibit k# 11 Exhibit l# 12 Exhibit m# 13 Exhibit n# 14 Exhibit o)(TO, ) (Entered: 01/18/2007)

Jan. 17, 2007 PACER
25

STIPULATION AND ORDER (1) agreeing to amend 5/15/2006 scheduling order following the resolution of plaintiff's motion to amend; (2) adjourning 2/14/2007 status conference; (3) counsel for plaintiff shall notify this Court in writing within ten days of a decision on the pending motion to amend to request a status conference. Signed by Hon. Marian W. Payson on 1/26/2007. (KAH) (Entered: 01/26/2007)

Jan. 26, 2007 PACER
26

ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission, Responses due by 2/28/2007 Replies due by 3/16/2007. Motion Hearing set for 5/31/2007 03:00 PM before Hon. Charles J. Siragusa.. Signed by Hon. Charles J. Siragusa on 1/29/07. (TO, ) (Entered: 01/30/2007)

Jan. 30, 2007 PACER
27

MOTION SCHEDULING ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Responses due by 2/12/2007. Replies due by 2/26/2007. Motion Hearing set for 3/13/2007 3:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 1/30/2007. (KAH) (Entered: 01/30/2007)

Jan. 30, 2007 PACER
28

ORDER re 26 Order,, Set/Reset Motion and R&R Deadlines/Hearing. The Motion Scheduling Order [#26] issued by the undersigned is vacated. The parties shall comply with the dates set forth in the Motion Scheduling Order [#27] issued by Magistrate Judge Payson.Signed by Hon. Charles J. Siragusa on 2/2/07. (KAR, ) (Entered: 02/02/2007)

Feb. 2, 2007 PACER
29

AMENDED MOTION SCHEDULING ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Responses due by 2/28/2007. Replies due by 3/14/2007. Motion Hearing set for 4/4/2007 2:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 12/12/2007. (KAH) (Entered: 02/12/2007)

Feb. 12, 2007 PACER
30

MEMORANDUM in Opposition re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Appendix of Unreported Cases# 2 Appendix of Unreported Cases- ALL CASES)(DeLuca, R. Scott) (Entered: 02/28/2007)

2 Appendix of Unreported Cases

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3 Appendix of Unreported Cases- ALL CASES

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Feb. 28, 2007 PACER
31

REPLY to Response to Motion re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 03/09/2007)

March 9, 2007 PACER
32

Minute Entry for proceedings held before Judge Marian W. Payson : Motion Hearing held on 4/4/2007 on plaintiff's motion to amend (#23). Motion reserved.Appearances: Sunu P. Chandy, Esq. for plaintiff; R. Scott DeLuca, Esq. for Nichols Gas & Oil (CAM, ) (Entered: 04/11/2007)

April 4, 2007 PACER
33

LETTER ORDER granting request to allow Townsend Oil Corporation to respond to 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/a Townsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Townsend Oil Corporation's Response due by 6/4/2007. Any responsive submissions shall be filed by 6/18/2007. Signed by Hon. Marian W. Payson on 5/4/2007. (KAH ) (Entered: 05/04/2007)

May 4, 2007 PACER
34

TRANSCRIPT of Proceedings (Motion Hearing) held on April 4, 2007 before Judge Marian W. Payson. Court Reporter: Karen J. Winter. 35 Pages. (Oogjen, Susan) (Entered: 05/23/2007)

May 23, 2007 PACER
35

NOTICE of Appearance by James Scott Wolford on behalf of Townsend Oil Corporation (Wolford, James) (Entered: 06/04/2007)

June 4, 2007 PACER
36

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007 PACER
37

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007 PACER
38

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007 PACER
39

REPLY to Response to Motion re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. Second Reply -Re Townsend Submission filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 06/18/2007)

June 18, 2007 PACER
40

DECISION & ORDER The EEOC's motion for leave to amend its Complaint in order to add Townsend as a successor defendant in this matter 23 is granted. The EEOC is directed to serve and file the amended complaint by no later than twenty days from the entry of this Order. Signed by Judge Marian W. Payson on 9/28/2007. (KAH) (Entered: 09/28/2007)

Sept. 28, 2007 PACER
41

AMENDED COMPLAINT Adding Townsend as a Successor Defendant against Townsend Oil Corporation, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Chandy, Sunu) (Entered: 10/01/2007)

2 Certificate of Service

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Oct. 1, 2007 PACER
42

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Townsend Oil Corporation waiver sent on 10/1/2007, answer due 11/30/2007. (Chandy, Sunu) (Entered: 10/15/2007)

Oct. 15, 2007 PACER
43

STIPULATION AND ORDER extending defendant Nichols Gas & Oil, Inc.'s time to respond to amended complaint. Answer due date updated as to Nichols Gas and Oil, Inc. answer due 11/16/2007. Signed by Hon. Marian W. Payson on 10/23/2007. (KAH) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
44

ANSWER to Amended Complaint by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
45

ANSWER to Amended Complaint, CROSSCLAIM against Nichols Gas and Oil, Inc. by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, Michael) (Entered: 11/30/2007)

2 Certificate of Service

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Nov. 30, 2007 PACER
46

ANSWER to Crossclaim by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 12/20/2007)

Dec. 20, 2007 PACER
47

LETTER ORDER Scheduling Conference set for 3/4/2008 at 10:00 AM before Hon. Marian W. Payson. The parties may participate telephonically. Any submissions counsel wish to make with respect to discovery issues shall be provided to the Court by no later than 2/27/2008. Signed by Hon. Marian W. Payson on 2/4/2008. (KAH) (Entered: 02/07/2008)

Feb. 4, 2008 PACER
48

Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 3/4/2008. Appearances: Sunu P. Chandy, Esq., Robert Rose, Esq. and Jeffrey Burnstein, Esq. for plaintiff; R. Scott DeLuca, Esq. for defendant Nichols Gas and Oil, Inc.; Michael P. Wolford, Esq. and James S. Wolford, Esq. for defendant Townsend Oil Corporation. (KAH) (Entered: 03/18/2008)

March 4, 2008 PACER
49

AMENDED SCHEDULING ORDER: Status Conference set for 9/3/2008 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 3/3/2008. Join Parties/Amend Pleadings due by 4/1/2008. Fact Discovery completed by 10/31/2008. Plaintiff Expert Witness ID due by 12/1/2008. Defendant Expert Witness ID due by 12/31/2008. Expert Discovery due by 2/17/2009. Dispositive Motions due by 4/20/2009. Signed by Hon. Marian W. Payson on 3/20/2008. (KAH) (Entered: 03/20/2008)

March 20, 2008 PACER
50

NOTICE of Appearance by Jeffrey C. Burstein on behalf of Equal Employment Opportunity Commission (Burstein, Jeffrey) (Entered: 03/26/2008)

March 26, 2008 PACER
51

SEALED MOTION by Townsend Oil Corporation. (Attachments: # 1 Memorandum in Support, # 2 Declaration)(TO) (Entered: 06/24/2008)

June 23, 2008 PACER
52

MOTION SCHEDULING ORDER re 51 SEALED MOTION filed by Townsend Oil Corporation. (Responses due by 7/9/2008, Motion Hearing set for 7/16/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 6/27/2008. (KAH) (Entered: 06/27/2008)

June 27, 2008 PACER
53

ORDER re 51 SEALED MOTION filed by Townsend Oil Corporation. Townsend's motion shall remain under seal until 7/9/2008. If either party believes the motion should remain sealed subsequent to that date, it must file a motion to seal, as required by Local Rule 5.4. If no such application is received by 7/9/2008, the Court will direct the Clerk of the Court to unseal Townsend's motion to compel. Signed by Hon. Marian W. Payson on 6/27/2008. (KAH) (Entered: 06/30/2008)

June 27, 2008 PACER
54

LETTER ORDER granting request as to 51 SEALED MOTION filed by Townsend Oil Corporation. (Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 6/30/2008. (KAH) (Entered: 07/01/2008)

June 30, 2008 PACER
55

MOTION to Seal Document by Townsend Oil Corporation. (Attachments: # 1 Declaration, # 2 Exhibit A-Proposed Order, # 3 Certificate of Service)(Wolford, James) (Entered: 07/09/2008)

2 Declaration

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3 Exhibit A-Proposed Order

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4 Certificate of Service

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July 9, 2008 RECAP
56

MOTION SCHEDULING ORDER re 55 MOTION to Seal Document filed by Townsend Oil Corporation. ( Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 7/10/2008. (KAH) (Entered: 07/10/2008)

July 10, 2008 PACER
57

MOTION to Compel by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 07/16/2008)

July 16, 2008 PACER
58

AFFIDAVIT in Support re 57 MOTION to Compel Attorney Affidavit in Support of Motion to Compel filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(DeLuca, R. Scott) (Entered: 07/16/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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July 16, 2008 PACER
59

MEMORANDUM in Support re 57 MOTION to Compel (with Appendix of Unreported Cases) filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Appendix of Unreported Cases)(DeLuca, R. Scott) (Entered: 07/16/2008)

2 Appendix of Unreported Cases

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July 16, 2008 PACER
60

MOTION SCHEDULING ORDER re 57 MOTION to Compel filed by Nichols Gas and Oil, Inc. (Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 7/17/2008. (KAH) (Entered: 07/17/2008)

July 17, 2008 PACER
61

Sealed Document. (TO) (Entered: 08/01/2008)

July 31, 2008 PACER
62

Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 8/12/2008, Motion to compel filed by Townsend Oil (#51) - reserved. Motion to compel filed by Nichols Gas & Oil (#57) - reserved. Defendants to file supplemental memoranda of law by 8/29/08; defendant to file by 9/19/08.Motion by Townsend Oil to seal (#55) is granted in part. Parties to send the Court a letter regarding sealed documents. Motion for sanctions is denied. Appearances: Sunu P. Chandy, Esq. for plaintiff; R. Scott DeLuca, Esq. for Nichols Gas & Oil; James Wolford, Esq. for Townsend Oil (CAM) (Entered: 08/14/2008)

Aug. 12, 2008 PACER
63

AMENDED SCHEDULING ORDER: Telephone Conference adjourned to 1/7/2009 11:20 AM before Hon. Marian W. Payson. Parties are directed to call in. Fact Discovery to be completed by 1/30/2009. Plaintiff Expert Witness ID due by 3/2/2009. Defendant Expert Witness ID due by 3/31/2009. Expert Discovery to be completed by 5/18/2009. Dispositive Motions due by 7/20/2009. Signed by Hon. Marian W. Payson on 8/13/2008. (KAH) (Entered: 08/15/2008)

Aug. 13, 2008 PACER
64

MEMORANDUM in Support re 51 SEALED MOTION filed by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) (Entered: 08/28/2008)

2 Certificate of Service

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Aug. 28, 2008 PACER
65

MEMORANDUM in Support re 57 MOTION to Compel Supplemental Memorandum of Law in Support of Motion to Compel Disclosure filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A)(DeLuca, R. Scott) (Entered: 08/29/2008)

2 Exhibit A

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Aug. 29, 2008 PACER
66

Sealed Order. (TO) (Entered: 09/09/2008)

Sept. 8, 2008 PACER
67

RESPONSE in Opposition re 57 MOTION to Compel, 51 SEALED MOTION, 55 MOTION to Seal Document (Refiling EEOC's 7/31/08 Opposition - Now Filing Electronically with Court- Approved Redactions) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/12/2008)

Sept. 12, 2008 PACER
68

MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) by Townsend Oil Corporation. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Memorandum in Support, # 20 Certificate of Service)(Wolford, James) (Entered: 09/15/2008)

2 Affidavit

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Memorandum in Support

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21 Certificate of Service

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Sept. 15, 2008 PACER
69

MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions) by Nichols Gas and Oil, Inc.. (Attachments: # 1 Affidavit of R. Scott DeLuca, Esq. (with redactions), # 2 Exhibit A to DeLuca Affidavit, # 3 Exhibit B to DeLuca Affidavit, # 4 Exhibit C to DeLuca Affidavit, # 5 Exhibit D to DeLuca Affidavit, # 6 Exhibit E to DeLuca Affidavit, # 7 Memorandum in Support (with redactions), # 8 Appendix of Unreported Decisions)(DeLuca, R. Scott) (Entered: 09/15/2008)

2 Affidavit of R. Scott DeLuca, Esq. (with redactions)

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3 Exhibit A to DeLuca Affidavit

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4 Exhibit B to DeLuca Affidavit

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5 Exhibit C to DeLuca Affidavit

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6 Exhibit D to DeLuca Affidavit

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7 Exhibit E to DeLuca Affidavit

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8 Memorandum in Support (with redactions)

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9 Appendix of Unreported Decisions

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Sept. 15, 2008 PACER
70

MEMORANDUM in Opposition re 57 MOTION to Compel, 51 SEALED MOTION Supplemental Memorandum of Law - Post-Argument (Re Sims) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/19/2008)

Sept. 19, 2008 PACER
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RESPONSE in Opposition re 69 MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions) MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions), 68 MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) Letter Re Pritchard v. County of Erie, 07-5702 (10/14/08 Second Circuit Opinion) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 10/15/2008)

Oct. 15, 2008 PACER
72

Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 1/29/2009. Appearances: Sunu P. Chandy, Esq. for plaintiff; James S. Wolford, Esq. and R. Scott DeLuca, Esq. for defendants (CAM) (Entered: 01/30/2009)

Jan. 29, 2009 PACER
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AMENDED SCHEDULING ORDER: Status Conference set for 6/18/2009 11:40 AM before Hon. Marian W. Payson. (See Order for Detailed Deadlines). Signed by Hon. Marian W. Payson on 1/30/2009. (KAH) (Entered: 01/30/2009)

Jan. 30, 2009 PACER
74

Supplemental Letter Submission dated 8/8/2008 to 61 by Equal Employment Opportunity Commission. (Chandy, Sunu). (KAH) (Entered: 03/03/2009)

March 3, 2009 PACER
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ORDER granting in part and denying in part 51 Sealed Motion; granting in part and denying in part 57 Motion to Compel; granting in part and denying in part 68 Motion to Compel; granting in part and denying in part 69 Motion to Compel. Please refer to the Order for details. Signed by Hon. Marian W. Payson on 3/9/09. (RE) (Entered: 03/09/2009)

March 9, 2009 RECAP
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AFFIDAVIT (Court Requested Redacted Affidavit) by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 03/18/2009)

March 18, 2009 PACER
77

LETTER ORDER granting request for a stay of discovery until 4/24/2009 and an extension until 4/27/2009 to file any Fed. R. Civ. P. 72(a) review and appeal of the Court's 3/9/2009 Order. Signed by Hon. Marian W. Payson on 3/20/2009. (KAH) (Entered: 03/20/2009)

March 20, 2009 PACER
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LETTER ORDER granting defendant Townsend Oil Corporation's request for extension of page limitation to not exceed 30 pages for the memorandum of law in support of summary judgment motion.. Signed by Hon. Charles J. Siragusa on 5/20/09. (KAP) (Entered: 05/21/2009)

May 21, 2009 PACER
79

MOTION for Summary Judgment by Townsend Oil Corporation. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Appendix Cover Page, # 3 Appendix Attorney Declaration of James S. Wolford, # 4 Appendix Exhibit 1, # 5 Appendix Exhibit 2, # 6 Appendix Exhibit 3, # 7 Appendix Exhibit 4 - Part 1 of 12, # 8 Appendix Exhibit 4 - Part 2 of 12, # 9 Appendix Exhibit 4 - Part 3 of 12, # 10 Appendix Exhibit 4 - Part 4 of 12, # 11 Appendix Exhibit 4 - Part 5 of 12, # 12 Appendix Exhibit 4 - Part 6 of 12, # 13 Appendix Exhibit 4 - Part 7 of 12, # 14 Appendix Exhibit 4 - Part 8 of 12, # 15 Appendix Exhibit 4 - Part 9 of 12, # 16 Appendix Exhibit 4 - Part 10 of 12, # 17 Appendix Exhibit 4 - Part 11 of 12, # 18 Appendix Exhibit 4 - Part 12 of 12, # 19 Appendix Exhibit 5 - Part 1 of 4, # 20 Appendix Exhibit 5 - Part 2 of 4, # 21 Appendix Exhibit 5 - Part 3 of 4, # 22 Appendix Exhibit 5 - Part 4 of 4, # 23 Appendix Exhibit 6, # 24 Appendix Exhibit 7 - Part 1 of 4, # 25 Appendix Exhibit 7 - Part 2 of 4, # 26 Appendix Exhibit 7 - Part 3 of 4, # 27 Appendix Exhibit 7 - Part 4 of 4, # 28 Appendix Exhibit 8 - Part 1 of 3, # 29 Appendix Exhibit 8 - Part 2 of 3, # 30 Appendix Exhibit 8 - Part 3 of 3, # 31 Appendix Exhibit 9, # 32 Certificate of Service)(Wolford, James) (Entered: 05/22/2009)

2 Statement of Undisputed Material Facts

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3 Appendix Cover Page

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4 Appendix Attorney Declaration of James S. Wolford

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5 Appendix Exhibit 1

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6 Appendix Exhibit 2

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7 Appendix Exhibit 3

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8 Appendix Exhibit 4 - Part 1 of 12

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9 Appendix Exhibit 4 - Part 2 of 12

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10 Appendix Exhibit 4 - Part 3 of 12

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11 Appendix Exhibit 4 - Part 4 of 12

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12 Appendix Exhibit 4 - Part 5 of 12

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13 Appendix Exhibit 4 - Part 6 of 12

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14 Appendix Exhibit 4 - Part 7 of 12

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15 Appendix Exhibit 4 - Part 8 of 12

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16 Appendix Exhibit 4 - Part 9 of 12

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17 Appendix Exhibit 4 - Part 10 of 12

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18 Appendix Exhibit 4 - Part 11 of 12

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19 Appendix Exhibit 4 - Part 12 of 12

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20 Appendix Exhibit 5 - Part 1 of 4

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21 Appendix Exhibit 5 - Part 2 of 4

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22 Appendix Exhibit 5 - Part 3 of 4

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23 Appendix Exhibit 5 - Part 4 of 4

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24 Appendix Exhibit 6

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25 Appendix Exhibit 7 - Part 1 of 4

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26 Appendix Exhibit 7 - Part 2 of 4

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27 Appendix Exhibit 7 - Part 3 of 4

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28 Appendix Exhibit 7 - Part 4 of 4

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29 Appendix Exhibit 8 - Part 1 of 3

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30 Appendix Exhibit 8 - Part 2 of 3

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31 Appendix Exhibit 8 - Part 3 of 3

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32 Appendix Exhibit 9

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33 Certificate of Service

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May 22, 2009 PACER
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MEMORANDUM OF LAW IN SUPPORT OF 79 MOTION for Summary Judgment by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) Modified text on 5/26/2009 (TO). (Entered: 05/22/2009)

2 Certificate of Service

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May 22, 2009 RECAP
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AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) 6/18/2009 Status Conference adjourned without date. Court's 1/30/2009 Amended Scheduling Order 73 stayed pending decision by the district court on Townsend Oil Corporation's pending summary judgment motion. Counsel for Townsend to notify Court in writing within ten days of the district court's decision on the pending summary judgment motion to schedule a status conference. Signed by Hon. Marian W. Payson on 6/2/2009. (KAH) (Entered: 06/04/2009)

June 2, 2009 PACER
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ORDER, (Responses due by 7/24/2009, Replies due by 8/24/2009., Motion Hearing set for 12/3/2009 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 6/22/09. (TO) (Entered: 06/26/2009)

June 25, 2009 PACER
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LETTER ORDER re 79 MOTION for Summary Judgment filed by Townsend Oil Corporation granting plaintiff's request for extension of time. ( EEOC's response due by 8/14/2009 Defendant Townsend's reply is due by 9/28/2009.EEOC's further reply to cross-motion is due 10/23/09.). Signed by Hon. Charles J. Siragusa on 7/21/09. (KAP) (Entered: 07/22/2009)

July 22, 2009 PACER
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Reply Memo of law in opposition to 79 and in support of 87 Cross MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission.(Chandy, Sunu) Modified text on 8/14/2009 (TO). (Entered: 08/13/2009)

Aug. 13, 2009 RECAP
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Plaintiff EEOC's Rule 56.1 response to Townsned's undisputed material facts and Plaintiff's supplemental undisputed facts (Chandy, Sunu) Modified on 8/14/2009 (TO). (Entered: 08/13/2009)

Aug. 13, 2009 RECAP
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DECLARATION of Sunu Chandy in opposition to 79 MOTION for Summary Judgment and in support of 87 cross motion for partial summary judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Chandy, Sunu) Modified text on 8/14/2009 (TO). (Entered: 08/13/2009)

2 Certificate of Service

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Aug. 13, 2009 RECAP
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Cross MOTION for Summary Judgment (*Notice* of Cross-Motion) by Equal Employment Opportunity Commission.(Chandy, Sunu) (Entered: 08/14/2009)

Aug. 14, 2009 PACER
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CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 08/17/2009)

Aug. 17, 2009 RECAP
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REPLY to Response to Motion re 79 MOTION for Summary Judgment filed by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) (Entered: 09/28/2009)

2 Certificate of Service

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Sept. 28, 2009 RECAP
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REPLY to Response to Motion for Partial Summary Judgment finding that Townsend is a Title VII Successor Defendant filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 10/22/2009)

Oct. 22, 2009 PACER
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Minute Entry for proceedings held before Hon. Charles J. Siragusa: Suan Chandy appearing on behalf of plaintiff. Michael Wolford appearing on behalf of defendant Townsend Oil Corporation. Motion Hearing held on 12/3/2009 re 79 Motion for Summary Judgment by Townsend Oil Corporation and 87 Cross Motion for Summary Judgment by Equal Employment Opportunity Commission. Motions Submitted: 79 Motion for Summary Judgment by Townsend Oil Corporation and 87 Cross Motion for Summary Judgment by Equal Employment Opportunity Commission. Court to render written decision. (Court Reporter Karen Bush.) (KJA) (Entered: 12/04/2009)

Dec. 3, 2009 PACER
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DECISION AND ORDER granting in part and denying in part 79 Motion for Summary Judgment; granting in part and denying in part 87 Motion for Summary Judgment. Townsends summary judgment motion [#79] is granted as to Plaintiffs claim for punitive damages, but is otherwise denied. Plaintiffs cross-motion for summary judgment [#87] is denied to the extent that it seeks a ruling that Townsend may be held liable for punitive damages, but it otherwise granted. Signed by Hon. Charles J. Siragusa on 1/13/10. (KAP) (Entered: 01/14/2010)

Jan. 14, 2010 RECAP
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ORDER (By 3/31/2010, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 3/16/2010. (KAH) (Entered: 03/16/2010)

March 16, 2010 PACER
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NOTICE of Appearance by Judith Ann Biltekoff on behalf of Equal Employment Opportunity Commission (Biltekoff, Judith) (Entered: 09/21/2010)

Sept. 21, 2010 PACER
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NOTICE of Appearance by Delia Dianna Cadle on behalf of Equal Employment Opportunity Commission (Cadle, Delia) (Entered: 10/05/2010)

Oct. 5, 2010 PACER
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AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 1/20/2011 at 11:40 AM before Hon. Marian W. Payson. Motions to Compel Discovery due by 1/31/2011. Fact Discovery to be completed by 2/28/2011. Plaintiff Expert Witness ID due by 3/31/2011. Defendant Expert Witness ID due by 5/2/2011. Expert Discovery to be completed by 6/16/2011. Dispositive Motions due by 8/16/2011. Signed by Hon. Marian W. Payson on 10/18/2010. (KAH) (Entered: 10/18/2010)

Oct. 18, 2010 PACER
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Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 1/20/2011. Appearances: Nora Curtin, Esq. and Delia D. Cadle, Esq. for plaintiff; James Wolford, Esq. and Elizabeth Cordello, Esq. for defendant (CAM) (Entered: 01/27/2011)

Jan. 20, 2011 PACER
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LETTER ORDER granting request. Fact discovery shall be completed, and all motions to compel fact discovery filed, by no later than 3/31/2011. All other deadlines in the current scheduling order remain in force. (Fact Discovery to be completed by 3/31/2011.) Signed by Hon. Marian W. Payson on 2/1/2011. (KAH) (Entered: 02/03/2011)

Feb. 1, 2011 PACER
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LETTER ORDER granting request to conduct one non-party deposition by no later than 6/30/2011. Signed by Hon. Marian W. Payson on 3/17/2011. (KAH) (Entered: 03/18/2011)

March 17, 2011 PACER
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MOTION for Summary Judgment by Nichols Gas and Oil, Inc.. (Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit A through u, # 3 Affidavit Affidavit of Elizabeth A. Cordello with Attached Exhibit A, # 4 Memorandum in Support, # 5 Certificate of Service)(Cordello, Elizabeth) (Entered: 08/16/2011)

1 Statement of Undisputed Facts

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2 Exhibit A through u

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3 Affidavit Affidavit of Elizabeth A. Cordello with Attached Exhibit A

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4 Memorandum in Support

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5 Certificate of Service

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Aug. 16, 2011 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 14, 2005

Closing Date: 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their sex.

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

Townsend Oil Corporation, Private Entity/Person

Nichols Gas and Oil, 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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $150,000.00

Order Duration: 2012 - 2022

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

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