Case: EEOC v. Marjam Supply Company, Inc.

7:03-cv-05413 | U.S. District Court for the Southern District of New York

Filed Date: July 22, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 22, 2003, the Equal Employment Opportunity Commission brought this suit against Marjam Supply Company, Inc. and Choice Labor, Inc. in the U.S. District Court for the Southern District of New York. The case was assigned to Judge Stephen C. Robinson. The EEOC alleged that the defendants subjected black employees to a racially hostile work environment and disparate terms and conditions of employment, and retaliated against employees who complained about the discrimination. The EEOC alleged…

On July 22, 2003, the Equal Employment Opportunity Commission brought this suit against Marjam Supply Company, Inc. and Choice Labor, Inc. in the U.S. District Court for the Southern District of New York. The case was assigned to Judge Stephen C. Robinson. The EEOC alleged that the defendants subjected black employees to a racially hostile work environment and disparate terms and conditions of employment, and retaliated against employees who complained about the discrimination. The EEOC alleged that these actions violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff, represented by private counsel, sought injunctive relief.

Three third-party plaintiffs sought to intervene as being the true parties in interest, and their applications were granted on May 11, 2004. These intervening plaintiffs were African-American former employees of Marjam Supply Company and Choice Labor who alleged that they had suffered unequal treatment on the basis on the basis of race during their employment.

The defendants sought summary judgment on May 23, 2006, but the court never ruled on it. The parties were referred to mediation on September 14, 2007, and they reached a settlement on March 6, 2008. Choice Labor, Inc. went out of business at some point before the settlement was reached, so it was not part of the settlement. Pursuant to the settlement agreement reached in mediation, the court issued a consent decree on April 9, 2009.

Under the terms of the settlement, Marjam Supply Company was required to adopt and maintain new procedures for handling complaints of discrimination, harassment, and retaliation in the workplace, as well as appoint an Equal Employment Office Coordinator to investigate those complaints. Marjam also agreed to provide trainings about anti-discrimination laws to all of its employees and to pay a total of $495,000 to plaintiffs in back pay and compensatory damages. The settlement was to remain in effect for three years after the date of entry, during which the court was to retain jurisdiction over the case. Thirty days after the end of the settlement period, the parties agreed to submit a stipulation of dismissal to the court.

There is nothing more in the docket sheet. The case presumably closed in 2012, after the expiration of the consent decree.

Summary Authors

Kevin Wilemon (8/21/2008)

Rebecca Strauss (5/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4328316/parties/equal-employment-v-marjam-supply-co/


Judge(s)

Robinson, Stephen C. (New York)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Keenan, Judy A. (New York)

Ranis, Michael B. (New York)

Attorneys(s) for Defendant

Burke, Patrick Thomas (New York)

Golden, Richard B. (New York)

Ingram, Phyllis A (New York)

Other Attorney(s)

Active

Judge(s)

Robinson, Stephen C. (New York)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Keenan, Judy A. (New York)

Ranis, Michael B. (New York)

Attorneys(s) for Defendant

Burke, Patrick Thomas (New York)

Golden, Richard B. (New York)

Ingram, Phyllis A (New York)

Other Attorney(s)

Foulke, Evan M. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Marjam Supply Co.

April 14, 2009 Docket
54

Report & Recommendation

EEOC v. Marjam Supply Co.

Nov. 17, 2008 Magistrate Report/Recommendation
55

Consent Decree

EEOC v. Marjam Supply Co.

April 14, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328316/equal-employment-v-marjam-supply-co/

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). (jjm) (Entered: 07/23/2003)

July 22, 2003 PACER
2

NOTICE OF MOTION for an order granting plaintiffs- Intervenors Kevin Dickerson, William Dubose, and Dennis Newton's motion to intervene as a right purs. to FRCP 24(a) and 42 USC 2000e-5(f)(1) and for an order for leave to prosecute their pendent claims under NY State law in this Court's supplemental jurisdiction . Return Date 8/29/03 at 10:00. Affirmation of Evan M. Foulke attached. (sb) (Entered: 08/06/2003)

Aug. 5, 2003 PACER
3

MEMORANDUM OF LAW by Dickerson, William Dubose, Dennis Newton in support of [2-1] motion for an order granting plaintiffs- Intervenors Kevin Dickerson, William Dubose, and Dennis Newton's motion to intervene as a right purs. to FRCP 24(a) and 42 USC 2000e-5(f)(1), [2-2] motion for an order for leave to prosecute their pendent claims under NY State law in this Court's supplemental jurisdiction. (sb) (Entered: 08/06/2003)

Aug. 5, 2003 PACER
4

Notice of Case Reassignment to Judge Stephen C. Robinson . Copy of notice and judge's rules mailed to Attorney(s) of record: Michael B. Ranis . (gmo) (Entered: 10/28/2003)

Oct. 17, 2003 PACER
5

RULE 7.1 CERTIFICATE filed by Marjam Supply Co., Choice Labor Inc. (moc) (Entered: 10/30/2003)

Oct. 28, 2003 PACER
6

ANSWER to Complaint by Marjam Supply Co., Choice Labor Inc. (Attorney Richard Golden from the Firm: Burke, Miele & Golden) . (moc) (Entered: 10/30/2003)

Oct. 28, 2003 PACER
7

ORDER re: 2 Motion to InterveneMotion for Miscellaneous ReliefMotion for Miscellaneous Relief, Motions terminated: 2 Motion to InterveneMotion for Miscellaneous ReliefMotion for Miscellaneous Relief... Ordered that Plntff-Intervenors, Kevin Dickerson, Dennis Newton, and Willie Dubose, arer hereby granted permission to intervene and file a complaint in the form attached to the moving Foulke Affirmation as Exh. "B".. (Signed by Judge Stephen C. Robinson on 5/10/04) Copies sent by Clerk's Office.(pf, ) (Entered: 05/19/2004)

May 11, 2004 PACER
8

SCHEDULING ORDER: The case is to be tried to a jury; Joinder of additional parties by 7/12/04; Amended Pleadings by 8/9/04; Interrogs by 6/30/04; 1st Request for prod of docs by 6/30/04; Depositions to be completed by 10/12/04; Any further interrogs, including expert by 8/16/04; Requests to admit by 8/16/04; All discovery to be complete by 11/3/04; Case Management Conference set for 10/8/2004 10:00 AM before Stephen C. Robinson. (Signed by Judge Stephen C. Robinson on 6/4/04) Copies sent by Clerk's office.(pf, ) (Entered: 06/09/2004)

June 7, 2004 PACER
10

THIRD PARTY COMPLAINT against Choice Labor Inc., Marjam Supply Company, Inc..Document filed by Kevin Dickerson, Willie Dubose, Dennis Newton.(pf, ) (Entered: 07/07/2004)

June 24, 2004 PACER
9

ANSWER to Complaint. Document filed by Choice Labor Inc., Marjam Supply Company, Inc..(pf, ) (Entered: 07/01/2004)

July 1, 2004 PACER
11

WAIVER OF SERVICE RETURNED EXECUTED Document filed by Kevin Dickerson, Willie Dubose, Dennis Newton. Choice Labor Inc. waiver sent on 7/15/2004, answer due 9/13/2004; Marjam Supply Company, Inc. waiver sent on 7/15/2004, answer due 9/13/2004. (Foulke, Evan) (Entered: 07/28/2004)

July 28, 2004 PACER
12

WAIVER OF SERVICE RETURNED EXECUTED Document filed by Equal Employment Opportunity Commission. Choice Labor Inc. waiver sent on 7/14/2004, answer due 9/13/2004; Marjam Supply Company, Inc. waiver sent on 7/14/2004, answer due 9/13/2004. (db, ) (Entered: 08/02/2004)

July 30, 2004 PACER
13

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 settlememt). Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Stephen C. Robinson on 10/13/04) Copies sent by Clekr's Office.(pf, ) (Entered: 10/19/2004)

Oct. 18, 2004 PACER
14

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 Lisa Margaret Smith. (Signed by Judge Stephen C. Robinson on 10/25/04) Copies sent by Clerk's Office.(pf, ) (Entered: 10/26/2004)

Oct. 25, 2004 PACER
15

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner,...So Ordered: (Signed by Judge Lisa Margaret Smith on 11/8/04) Copies sent by Clerk's Office.(pf, ) (Entered: 11/08/2004)

Nov. 8, 2004 PACER
16

PROPOSED MOTION for Discovery Identification of Class Members. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 02/28/2005)

Feb. 28, 2005 PACER
17

DECISION& ORDER re: 16 PROPOSED MOTION for Discovery Identification of Class Members. filed by Equal Employment Opportunity Commission,, Motions terminated: 16 PROPOSED MOTION for Discovery Identification of Class Members. filed by Equal Employment Opportunity Commission,. (Signed by Judge Stephen C. Robinson on 3/25/05) Copies sent by Clerk's office.(pf, ) (Entered: 03/29/2005)

March 28, 2005 PACER
18

FIRST MOTION for Reconsideration of Decision of March 28, 2005. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 04/11/2005)

April 11, 2005 PACER
19

AFFIDAVIT of Phyllis Ingram in Opposition re: 18 FIRST MOTION for Reconsideration of Decision of March 28, 2005.. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (pf, ) (Entered: 04/22/2005)

April 21, 2005 PACER
20

MEMORANDUM DECISION AND ORDER denying 18 Motion for Reconsideration . (Signed by Judge Stephen C. Robinson on 6/2/05) "The Clerk's Office Has Mailed Copies"(ae, ) (Entered: 06/03/2005)

June 2, 2005 PACER
21

ORDER AUTHORIZING DISCLOSURE PURSUANT TO 42 CFR 2.24: IT IS HEREBY ORDERED pursuant to 42 CFR 2.24, that good cause having been shown on May 24, 2005, that no other available or would be effective, ant the Court having weighed the need for disclosure against the potential injury to the patient, to the physician-patient relationship, and to the treatment services, that the treatment facility/program identified in the accompanying So Ordered Subpoena is directed to release all records maintained for the individual indentified on the So Ordered......see doc. for more details.... (SO ORDRERED AND Signed by Judge Lisa Margaret Smith on 6/15/2005) The Clerk's Office Has Mailed Copies.(jma, ) (Entered: 06/16/2005)

June 15, 2005 PACER
22

STIPULATION AND ORDER OF CONFIDENTIALITY; regarding procedures that shall govern the handling of "Confidential Information." (Signed by Judge Lisa Margaret Smith on 7/15/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 07/20/2005)

July 15, 2005 PACER
23

ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that non-party witness David Rodriguez is to appear before this Court on August 26, at 9:00 am to answer why he not appear for a deposition on July 20, 2005, as directed by a subpeona that was served on him July 6th, 2005 by plaintiff... Show Cause Hearing set for 8/26/2005 09:00 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Judge Lisa Margaret Smith on 08/04/05) Clerk's Office Mailed Copies..(dcr, ) (Entered: 08/15/2005)

Aug. 12, 2005 PACER
26

ORDER AUTHORIZING DISCLOSURE PURSUANT TO 42 CFR 2.64: IT IS HEREBY ORDERED...IT IS FURTHER ORDERED that no disclosure other than as directed above shall be authorized pusuant to this order...SO ORDERED: (Signed by Judge Stephen C. Robinson on 9/26/2005) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 09/28/2005)

Sept. 26, 2005 PACER
24

ORDER TO SHOW CAUSE by Marjam Supply Company, Inc., Choice Labor Inc. Show Cause Hearing set for 10/7/2005 11:30 AM in Court Room 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (SO ORDERED AND signed by Judge Lisa Margaret Smith on 9/26/2005) "The Clerk's Office Has Mailed Copies.(jma, ) (Entered: 09/27/2005)

Sept. 27, 2005 PACER
25

ORDER TO SHOW CAUSE :...Ordered that a representative of the Richard C. Ward Addiction and Treatment Center... is to appear before the Court on 10/7/05 at 11:30 a.m. to answer whay it has not complied with a subpoena that was So Ordered by this Court.... Show Cause Hearing set for 10/7/2005 11:30 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Judge Lisa Margaret Smith on 9/27/05) Copies sent by Clerk's Office.(pf, ) (Entered: 09/28/2005)

Sept. 27, 2005 PACER
27

MOTION for Summary Judgment. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (fk, ) (Entered: 05/23/2006)

May 23, 2006 PACER
28

RULE 56.1 STATEMENT. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (fk, ) (Entered: 05/23/2006)

May 23, 2006 PACER
29

MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment.. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (fk, ) (Entered: 05/23/2006)

May 23, 2006 PACER
30

AFFIDAVIT of Phyllis A. Ingram in Support re: 27 MOTION for Summary Judgment.. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (fk, ) (Entered: 05/23/2006)

May 23, 2006 PACER
31

MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment. Document filed by Willie Dubose. (dcr, ) (Entered: 06/23/2006)

June 23, 2006 PACER
32

AFFIDAVIT of Evan M. Foulke in Opposition re: 27 MOTION for Summary Judgment.. Document filed by Willie Dubose. (dcr, ) (Entered: 06/23/2006)

June 23, 2006 PACER
33

RULE 56.1 STATEMENT. Document filed by Willie Dubose. (dcr, ) (Entered: 06/23/2006)

June 23, 2006 PACER
34

MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment.. Document filed by Equal Employment Opportunity Commission. (dcr, ) (Entered: 06/26/2006)

June 23, 2006 PACER
35

AFFIDAVIT of Michael B. Ranis in Opposition re: 27 MOTION for Summary Judgment.. Document filed by Equal Employment Opportunity Commission. (dcr, ) (Entered: 06/26/2006)

June 23, 2006 PACER
36

RULE 56.1 STATEMENT. Document filed by Equal Employment Opportunity Commission. (dcr, ) (Entered: 06/26/2006)

June 23, 2006 PACER
37

ENDORSED LETTER addressed to Judge Robinson from Phyllis A. Ingram dated 07/20/06 re: Request that the Court approve the filing of one reply breif of no more than twenty pages rather than two separate ten page breifs in reply to each of the plaintiff's opposition breifs as had been previously agreed upon. ENDORSED: Application Granted.. (Signed by Judge Stephen C. Robinson on 07/21/06) Clerk's Office Mailed Copies..(dcr, ) (Entered: 07/24/2006)

July 24, 2006 PACER
38

REPLY MEMORANDUM OF LAW re: 27 MOTION for Summary Judgment.. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (jma, ) (Entered: 07/26/2006)

July 25, 2006 PACER
39

AFFIDAVIT of Phyllis A. Ingram re: 27 MOTION for Summary Judgment.. Document filed by Marjam Supply Company, Inc., Choice Labor Inc.. (jma, ) (Entered: 07/26/2006)

July 25, 2006 PACER
40

ENDORSED LETTER addressed to Judge Robinson from Evan M. Foulke dated 08/11/06 re: Intervenor-Plaintiffs request that they be permitted an opportunity to rebut defendants' new found contention. ENDORSED: Application Granted..Intervenor-Plaintiffs must file any reply by August 25, 2006. (Signed by Judge Stephen C. Robinson on 08/16/06) (dcr, ) (Entered: 08/21/2006)

Aug. 18, 2006 PACER
41

ENDORSED LETTER addressed to Judge Robinson from Michael Ranis dated 08/10/06 re: Plaintiff EEOC respectfully requests permission to reply to defendants' Reply Memo of July 25, 2006. ENDORSED: Application Granted. Plaintiff must file any reply by August 25, 2006.. (Signed by Judge Stephen C. Robinson on 08/10/06) (dcr, ) (Entered: 08/21/2006)

Aug. 18, 2006 PACER
42

MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment.. Document filed by Equal Employment Opportunity Commission, Kevin Dickerson, Dennis Newton, Willie Dubose.. (cg, ) (Entered: 08/28/2006)

Aug. 25, 2006 PACER
43

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Phyllis A. Ingram dated 8/16/2006 re: Response to EEOC request and request to file Sur-reply.. Endorsement: Defendant may file a sur-reply of no longer than ten (10) pages by Sept.9,2006. Application Granted.. (Signed by Judge Stephen C. Robinson on 9/1/2006) The Clerk's Office Has Mailed Copies.(cg, ) (Entered: 09/05/2006)

Sept. 5, 2006 PACER
44

Defendants' Response to Sur Reply. re: 42 Memorandum of Law in Opposition to Motion. Document filed by Marjam Supply Company, Inc., Choice Labor Inc., Choice Labor Inc., Marjam Supply Company, Inc.. (cg, ) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
45

ORDER CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. (Signed by Judge Stephen C. Robinson on 9/14/07) The Clerk's Office Has Mailed Copies.(fk) (Entered: 09/17/2007)

Sept. 14, 2007 PACER
46

NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
49

****VACATED PER DOC # 50***ORDER:... without costs....ORDERED, that the above entitled action be and hereby is discontinued... SO ORDERED. (Signed by Judge Stephen C. Robinson on 06/02/2008) "The Clerk's Office Has Mailed Copies".(gco) Modified on 7/3/2008 (fk). (Entered: 06/03/2008)

June 2, 2008 PACER
50

STIPULATION AND ORDER...the Order discontinuing this action entered on 6/3/08 is vacated....The proposed Consent Decree, if approved by the Court, would stay in effect instead of the discontinuance of this action. So Ordered. (Signed by Judge Stephen C. Robinson on 7/1/08) (fk) (Entered: 07/03/2008)

July 1, 2008 PACER
51

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All Matters. Referred to Magistrate Judge Lisa Margaret Smith. So Ordered (Signed by Judge Stephen C. Robinson on 10/17/08) (rj) (Entered: 10/20/2008)

Oct. 17, 2008 PACER
52

SCHEDULING ORDER: Conference set for 11/6/2008 at 11:00 AM before Magistrate Judge Lisa Margaret Smith. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 10/20/2008) "The Clerk's Office Has Mailed Copies".(gco) (Entered: 10/21/2008)

Oct. 20, 2008 PACER
53

ENDORSED LETTER addressed to Judge Lisa M. Smith from Evan M. Foulke dated 11/03/2008 re: Request for appearance. ENDORSEMENT: Deemed letter motion. Motion granted. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 11/06/2008) The Clerk's Office Has Mailed Copies".(rj) (Entered: 11/10/2008)

Nov. 7, 2008 PACER
54

REPORT AND RECOMMENDATIONS Objections to R&R due by 12/8/2008......To the degree that any interpretation of the settlement agreement is required, I further report, and respectfully recommend, that such settlement agreement should be interpreted in accordance with the Draft Consent Decree, which I conclude fairly reflects the understanding and intention of the parties at the time of the entry of the handwritten settlement agreement, except that the time periods in paragraphs 15 and 20 should be modified to 30-days, and paragraph 15 should reference only Exhibit B (referencing complaint procedures), and not exhibit A (referencing equal employment polices and procedures).... (Signed by Magistrate Judge Lisa Margaret Smith on 11/14/2008) Clerks office mailed copies.(jma) (Entered: 11/17/2008)

Nov. 17, 2008 PACER
55

CONSENT DECREE.......This Decree will remain in effect for three years from the date of entry. The court retains jurisdiction over this action during the duration of this Decree. The matter may be administratively closed but will not be dismissed during the duration of this Decree. Within 30-days after the date set for the expiration of this Decree, the parties will submit a stipulation of dismissal to the Court. (Signed by Judge Stephen C. Robinson on 4/14/2009) The Clerk's Office Has Mailed Copies.(jma) (Entered: 04/14/2009)

April 14, 2009 RECAP

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 22, 2003

Closing Date: 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission; three African-American former employees of Marjam Supply Company and Choice Labor who allege that the employers discriminated against them on the basis of race

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

Marjam Supply Company, Inc., Private Entity/Person

Choice Labor Inc., Private Entity/Person

Defendant Type(s):

Retailer

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: $495,000.00

Order Duration: 2009 - 2012

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Hire

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Required disclosure

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit