Case: EEOC v. EDEN PARK HEALTH CARE CENTER

1:05-cv-01234 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 29, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the New York District Office of the EEOC filed this suit against Eden Park Health Services, Inc. in the U.S. District Court for the Northern District of New York alleging violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant discriminated against the charging party, a female employee, and a class of similarly situated female employees on the basis of sex by making offensive and degrading sexual comments to the employee…

In September 2005, the New York District Office of the EEOC filed this suit against Eden Park Health Services, Inc. in the U.S. District Court for the Northern District of New York alleging violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant discriminated against the charging party, a female employee, and a class of similarly situated female employees on the basis of sex by making offensive and degrading sexual comments to the employees and retaliating against those who complained of the harassment. The parties held a successful settlement conference in September 2006 and entered into a consent decree in October 2006.

The three-year consent decree contained both non-discrimination and non-retaliation clauses and required the defendant to: develop Title VII policies and procedures, post notices of Title VII discrimination and policies, provide Title VII training to all of its employees, maintain records of Title VII allegations, report to the EEOC at specified intervals, and pay $250,000. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/6/2007)

Documents in the Clearinghouse

Document

1:05-cv-01234

Docket

EEOC v. Eden Park Health Services, Inc.

Oct. 12, 2006

Oct. 12, 2006

Docket
1

1:05-cv-01234

Complaint

EEOC v. Eden Park Health Services, Inc.

Sept. 29, 2005

Sept. 29, 2005

Complaint
21

1:05-cv-01234

Consent Decree

EEOC v. Eden Park Health Services, Inc.

Oct. 12, 2006

Oct. 12, 2006

Settlement Agreement

Resources

Docket

Last updated July 22, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Eden Park Health Services, Inc. filed by Equal Employment Opportunity Commission.(wbl, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons Issued as to Eden Park Health Services, Inc.. (wbl, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

3

ANSWER to Complaint by Eden Park Health Services, Inc..(D'Ambrosio, Nicholas) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

4

CERTIFICATE OF SERVICE by Eden Park Health Services, Inc. re 3 Answer to Complaint (D'Ambrosio, Nicholas) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

5

CIVIL CASE MANAGEMENT PLAN by Eden Park Health Services, Inc.. (Curtin, Christopher) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

6

Minute Entry for proceedings held before Judge David R. Homer : Initial R16 Pretrial Conference held on 2/7/2006; dates set, UPSO to issue. (wjg, ) (Entered: 02/08/2006)

Feb. 7, 2006

Feb. 7, 2006

7

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days (jury trial; no date or location specified). Joinder of Parties due by 4/7/2006. Amended Pleadings due by 4/7/2006. Discovery due by 8/18/2006. Motions to be filed by 11/17/2006. Deadline for completion of mediation is 5/8/2006. Signed by Judge David R. Homer on 2/7/06. (wjg, ) (Entered: 02/08/2006)

Feb. 7, 2006

Feb. 7, 2006

8

STATUS REPORT by evaluator advising the case did not settle. (amt, ) (Entered: 05/12/2006)

May 11, 2006

May 11, 2006

9

STATUS REPORT LETTER. Pltf Status Report due by 5/30/2006. Signed by Judge David R. Homer on 5/15/06. (wjg, ) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

10

STATUS REPORT by Equal Employment Opportunity Commission. (Grossman, Elizabeth) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

11

Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting Extension of Discovery Deadline submitted to Judge David R. Homer. (D'Ambrosio, Nicholas) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

12

ORDER granting 11 Letter Request, Discovery due by 9/27/2006. Signed by Judge David R. Homer on 6/30/06. (wjg, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

13

STIPULATION AND ORDER OF CONFIDENTIALITY by Equal Employment Opportunity Commission submitted to Judge David R. Homer. (Lizana, Arnold) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

14

CONFIDENTIALITY STIPULATION & ORDER . Signed by Judge David R. Homer on 7/20/06. (wjg, ) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

15

Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting Court conference submitted to Judge David R. Homer. (Attachments: # 1 Exhibit(s) A -- Supplemental Notice# 2 Exhibit(s) B -- Objections to Mental Exam# 3 Exhibit(s) C -- Schlunt case# 4 Exhibit(s) D -- Juell case# 5 Exhibit(s) E -- Clark case# 6 Exhibit(s) F -- Dr. Altshuler's CV# 7 Exhibit(s) G -- Tademy case# 8 Exhibit(s) H -- Martinez case)(D'Ambrosio, Nicholas) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

Set Hearings: Telephonic Discovery Hearing set for 8/4/2006 09:30 AM in Albany before Magistrate Judge David R. Homer to be initiated by defendant's counsel (av, ) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

17

ORDER that the objections of EEOC to the mental examination of Verna pursuant to FRCP 35 are overruled in all respects except that the request of EEOC that the interview portion of the examination be audiotaped is granted. Signed by Judge David R. Homer on 8/4/06. (wjg, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

18

ORDER. Settlement Conference set for 9/13/2006 02:00 PM in Albany before Magistrate Judge David R. Homer. Signed by Judge David R. Homer on 9/8/06. (wjg, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

19

Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting discovery conference submitted to Judge Homer. (D'Ambrosio, Nicholas) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

20

Letter Motion from Plaintiff for Equal Employment Opportunity Commission requesting In Response to Defendant's Letter Request submitted to Judge HOMER. (Grossman, Elizabeth) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

Minute Entry for proceedings held before Judge David R. Homer. A Settlement Conference was held on 9/13/2006 with counsel for all parties. A settlement was reached. The parties will agree to the entry of a consent decree to be drafted by EEOC and electronically mailed to counsel for defendant. The consent decree should be forwarded to Judge Homer's chambers on or before 10/1/06. The court will retain jurisdiction to enforce the agreement. (lah, ) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

21

CONSENT DECREE. Signed by Judge Gary L. Sharpe on 10/12/2006. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D# 5 Appendix E# 6 Appendix F# 7 Appendix G# 8 Appendix H# 9 Appendix I# 10 Appendix J# 11 Appendix K# 12 Appendix L filed under seal# 13 Appendix M# 14 Appendix N)(jel, ) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: 2009

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

Eden Park Health Services, Inc. (Cobleskill, NY), 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

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: 250000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Recordkeeping

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits