Case: EEOC v. EVERDRY WATERPROOFING

6:01-cv-06329 | U.S. District Court for the Western District of New York

Filed Date: June 27, 2001

Closed Date: 2006

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against Everdry Waterproofing, Inc. (aka Everdry of Rochester), Everdry Marketing and Management, Inc., Everdry Management Services, Inc. (aka Everdry Waterproofing) and Everdry of Rochester in the U.S. District Court for the Western District of New York in June 2001. According to the court's denial of summary judgment for the defendant, the complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. …

The New York District Office of the EEOC brought this suit against Everdry Waterproofing, Inc. (aka Everdry of Rochester), Everdry Marketing and Management, Inc., Everdry Management Services, Inc. (aka Everdry Waterproofing) and Everdry of Rochester in the U.S. District Court for the Western District of New York in June 2001. According to the court's denial of summary judgment for the defendant, the complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Thirteen female employees were subjected to a hostile work environment due to sexual harassment, and some of them were constructively discharged. The defendant moved twice to dismiss and moved once for summary judgment; all three motions were denied. The parties also held two unsuccessful settlement conferences. After a two-week trial, the jury returned a special verdict for the EEOC and awarded punitive and compensatory damages to the complainants totaling $546,250. The defendants have appealed the judgment, and the appeal was still pending as of 4/22/2008.

Summary Authors

Kevin Wilemon (6/2/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4798053/parties/equal-employment-v-everydry-waterproof/


Judge(s)

Bianchini, Victor E. (New York)

Payson, Marian W. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Bissell, Katherine (New York)

Rose, Robert D. (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Defendant

Baker, Kenneth B. (Ohio)

Nelson, Peter C. (New York)

Schwarz, Harold M. III (Ohio)

Shapiro, Sanford R. (New York)

Judge(s)

Bianchini, Victor E. (New York)

Payson, Marian W. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Bissell, Katherine (New York)

Rose, Robert D. (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Defendant

Baker, Kenneth B. (Ohio)

Nelson, Peter C. (New York)

Schwarz, Harold M. III (Ohio)

Shapiro, Sanford R. (New York)

Documents in the Clearinghouse

Document

6:01-cv-06329

Docket [PACER]

EEOC v. Everydry Waterproof

April 16, 2007

April 16, 2007

Docket
105

6:01-cv-06329

Decision and Order [Regarding Defendant EMM's Motion for Summary Judgment]

EEOC v. Everdry Marketing and Management, Inc.

2005 WL 231056

Jan. 31, 2005

Jan. 31, 2005

Order/Opinion
189

6:01-cv-06329

Jury Verdict

EEOC v. Everdry Marketing and Management, Inc.

Oct. 27, 2006

Oct. 27, 2006

Other

EEOC Press Release: "Everdry Waterproofing to Pay $585,000 for Teen Harassment; Jury Returns Verdict in EEOC Sex Bias Suit"

EEOC v. Everdry Waterproofing

No Court

Oct. 27, 2006

Oct. 27, 2006

Press Release
195

6:01-cv-06329

Amended Judgment

EEOC v. Everdry Marketing and Management, Inc.

Nov. 7, 2006

Nov. 7, 2006

Order/Opinion
194

6:01-cv-06329

Judgment

EEOC v. Everdry Marketing and Management, Inc.

Nov. 7, 2006

Nov. 7, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4798053/equal-employment-v-everydry-waterproof/

Last updated Aug. 1, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Government filing; fee waived (BJB) (Entered: 06/28/2001)

June 27, 2001

June 27, 2001

245

ORDER - EEOC to file a submission by 3/4/08 identifying for each week in 1999 in which it contends that more than 100 employees worked, the names of the employees, the page and line where each employee is identified on the Employees Lists and the emp loyment dates for all employees identified. If no such submission is filed by that deadline, this Court will grant defendants' motion and reduce to $50,000 the compensatory and punitive damages awards for claimants DiStasio, Backus, Zazzaro and Stevenson. Signed by Hon. Marian W. Payson on 2/19/08. (CAM)

Feb. 19, 2008

Feb. 19, 2008

RECAP
2

MOTION by Everydry Waterproof, Everdry Marketing to Dismiss Court to set return date (BJB) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

257

DECISION & ORDER granting 196 defendants' motion to amend the judgment. The Clerk of the Court is directed to reduce to $50,000 the awards of compensatory damages made to claimants DiStasio, Backus, Stevenson and Zazzaro; granting in par t and denying in part 198 EEOC's motion to amend the judgment to include an award of prejudgment interest. The Clerk of the Court is directed to amend the judgment by including prejudgment interest to the award of lost wages to claimant DiStasio. The Clerk is directed to utilize the methodology outlined on page 15 of this Decision & Order; denying 203 EEOC's motion for injunctive relief. Signed by Hon. Marian W. Payson on 5/30/2008. (KAH)

May 30, 2008

May 30, 2008

RECAP
3

ORDER, Response to Motion set to 1/11/02 for [2-1] motion to Dismiss , and Motion Hearing set for 3:00 2/7/02 for [2-1] motion to Dismiss ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Lisa Sirkin, Katherine E. Bissel, Peter C. Nelson (BJB) Modified on 11/30/2001 (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

4

AMENDED COMPLAINT by Equal Employment , amending [1-1] complaint against Everdry Management, Everdry of Rochester (BJB) (Entered: 01/04/2002)

Dec. 27, 2001

Dec. 27, 2001

SUMMONS(ES) issued for Everdry Management, Everdry of Rochester (BJB) (Entered: 01/04/2002)

Jan. 4, 2002

Jan. 4, 2002

5

MEMORANDUM by Equal Employment in opposition to [2-1] motion to Dismiss by Everdry Marketing, Everydry Waterproof (BJB) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

7

MOTION by Everdry Marketing, Everdry Management, Everdry of Rochester to Dismiss Motion Hearing set for 3:00 2/7/02 (BJB) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

8

MEMORANDUM by Everdry Marketing, Everdry Management, Everdry of Rochester in support of [7-1] motion to Dismiss by Everdry of Rochester, Everdry Management, Everdry Marketing (BJB) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

9

AFFIRMATION by Everdry Marketing, Everdry Management Re: [7-1] motion to Dismiss by Everdry of Rochester, Everdry Management, Everdry Marketing (BJB) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

10

AFFIRMATION by Everdry Marketing, Everdry Management, Everdry of Rochester Re: [7-1] motion to Dismiss by Everdry of Rochester, Everdry Management, Everdry Marketing (BJB) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

17

Minute entry: Matter on for argument of motion of defendants' motions to dismiss. Argument heard. Argument to continue on 2/12/02 (CJS) (BJB) (Entered: 03/21/2002)

Feb. 7, 2002

Feb. 7, 2002

16

Minute entry: Continued oral argument on defendant's motion to dismiss. Parites are to meet to discuss settlement. The plaintiff is to submit a letter by 3/2/02 as to the status of the settlement talks. If there is no possibility of settlement at that time, the Court will then give the plaintiff two weeks to respond to the affidavits submitted by the defendants (CJS) (BJB) (Entered: 03/19/2002)

Feb. 12, 2002

Feb. 12, 2002

11

TRANSCRIPT of proceedings on 2/7/02 before USDJ Siragusa (22 pages) (BJB) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

12

AFFIDAVIT no indication as to which party this was filed on behalf of Re: Affidavit by Kenneth B. Baker, Esq. (BJB) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

13

AFFIDAVIT by Judy Garvin on behalf of Everydry Waterproof Re: Incorporation date (BJB) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

14

ATTORNEY AFFIRMATION by Everydry Waterproof (BJB) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

15

ORDER, Response to Motion set to 3/29/02 for [7-1] motion to Dismiss ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

18

ORDER, Response to Motion set to 4/29/02 for [7-1] motion to Dismiss ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 04/02/2002)

March 28, 2002

March 28, 2002

19

TRANSCRIPT of Proceeding (motion to dismiss) before USDJ Siragusa on 2/12/02 (50 pages) (BJB) (Entered: 04/04/2002)

April 3, 2002

April 3, 2002

20

RESPONSE AFFIRMATION by Equal Employment to [7-1] motion to Dismiss by Everdry of Rochester, Everdry Management, Everdry Marketing (BJB) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

22

ORDER granting [21-1] motion for Kenneth B. Baker to Appear Pro Hac Vice ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 05/21/2002)

May 17, 2002

May 17, 2002

PRO HAC VICE fee paid as to Kenneth Baker. (BJB) (Entered: 05/21/2002)

May 21, 2002

May 21, 2002

23

ORDER mooting [2-1] motion to Dismiss denying [7-1] motion to Dismiss ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 05/22/2002)

May 22, 2002

May 22, 2002

24

ORDER REFERRING CASE to USMJ William G. Bauer for all pretrial matters excluding dispositive motions ( signed by USDJ Charles J. Siragusa ) Notice and copy sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Sirkin, Katherine E. Bissel . (BJB) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

25

ORDER, set Scheduling (case management) Conference for 11:00 7/1/02 ( signed by USMJ William G. Bauer ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 05/31/2002)

May 30, 2002

May 30, 2002

26

ANSWER by Everdry Marketing (Attorney Peter C. Nelson) to amended complaint (BJB) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

27

PROPOSED DISCOVERY PLAN (BJB) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

28

ORDER, granting request for Kenneth Baker to participate via telephone on the scheduling conference of7/1/02 ( signed by USMJ William G. Bauer ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

29

Scheduling conference held (WGB) (CM) (Entered: 07/03/2002)

July 1, 2002

July 1, 2002

30

SCHEDULING ORDER setting DDL for Motions Join Parties/Amend Pleadings/Third party actions 8/15/02 Discovery cutoff 4/1/03 ; Defendant's expert witness ID deadline on 4/1/03 Plaintiff's expert witness ID deadline for 3/1/03 Status conference by 2:00 12/3/02 ; Deadline for filing of all motions 5/1/03 ; ( signed by USMJ William G. Bauer ). Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 07/11/2002)

July 3, 2002

July 3, 2002

Deadline updated; set Telephone Conference for 2:00 9/27/02 pursuant to notice (WGB) (BJB) (Entered: 09/25/2002)

Sept. 24, 2002

Sept. 24, 2002

31

Tele-conference held (WGB) (CM) (Entered: 09/30/2002)

Sept. 27, 2002

Sept. 27, 2002

32

Tele-conference held (WGB). (CM) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

33

Settlement conference held (WGB) (CM) (Entered: 01/10/2003)

Jan. 7, 2003

Jan. 7, 2003

34

ORDER, Vacating [24-1] referral/referred order , and Referring Case to USMJ Jonathan W. Feldman for all pretrial matters excluding dispositive motions ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 02/07/2003)

Feb. 3, 2003

Feb. 3, 2003

35

MOTION by Equal Employment to Quash Subpoenas Court to set return date (BJB) (Entered: 02/14/2003)

Feb. 14, 2003

Feb. 14, 2003

Deadline updated; Response to Motion set to 2/28/03 for [35-1] motion to Quash Subpoenas , and Reply to Response to Motion set to 3/7/03 for [35-1] motion to Quash Subpoenas pursuant to notice (JWF) (BJB) (Entered: 02/27/2003)

Feb. 20, 2003

Feb. 20, 2003

36

MEMORANDUM by Everdry Marketing, Everdry Management, Everdry of Rochester in opposition to [35-1] motion to Quash Subpoenas by Equal Employment (BJB) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

37

AFFIDAVIT by Everdry Marketing, Everdry Management, Everdry of Rochester in opposition to [35-1] motion to Quash Subpoenas by Equal Employment (BJB) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

38

REPLY TRIAL ATTORNEY AFFIRMATION by Equal Employment to response to [35-1] motion to Quash Subpoenas by Equal Employment (BJB) (Entered: 03/10/2003)

March 6, 2003

March 6, 2003

39

REPLY MEMORANDUM OF LAW by Equal Employment to response to [35-1] motion to Quash Subpoenas by Equal Employment (BJB) (Entered: 03/10/2003)

March 6, 2003

March 6, 2003

Deadline updated; Motion Hearing set for 11:00 4/4/03 for [35-1] motion to Quash Subpoenas pursuant to JWF notice. (CM) (Entered: 03/19/2003)

March 18, 2003

March 18, 2003

Deadline updated; Motion Hearing set for 2:30 4/7/03 for [35-1] motion to Quash Subpoenas pursuant to notice (JWF) (BJB) (Entered: 03/31/2003)

March 28, 2003

March 28, 2003

41

Minute entry: granting in part, denying in part [35-1] motion to Quash Subpoenas, set Scheduling Order Deadlines: Motions to Compel Discovery due by 5/9/03 Responses to Motions to 5/23/03 ; Oral Argument 1:30 6/20/03 (JWF) (CM) (Entered: 04/09/2003)

April 7, 2003

April 7, 2003

40

ORDER, to Take Deposition , and set Scheduling Order Deadlines: Motions to Compel Discovery due by 5/9/03 Replies to Responses to Motions 6/6/03 ; Responses to Motions to 5/23/03 ; Oral Argument 1:30 6/20/03 ( signed by USMJ Jonathan W. Feldman ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

42

ORDER, Vacating [34-1] order Vacating [24-1] referral/referred order , and Referring Case to USMJ Marian W. Payson ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 05/07/2003)

April 14, 2003

April 14, 2003

43

NOTICE of by Equal Employment of motion to compel discovery (BJB) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

44

MOTION by Equal Employment to Compel Discovery Motion Hearing set for 1:30 6/20/03 (BJB) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

46

AFFIDAVIT of trial attorney Robert D Rose on behalf of Equal Employment in support of [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

47

MEMORANDUM by Everdry Management Re: [4-1] amended complaint by Equal Employment (BJB) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

48

AFFIRMATION by Everdry Management Re: [4-1] amended complaint by Equal Employment (BJB) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

49

ORDER, Depositions of Holly Schinsing, marshal Distasio and laurie Distasio are rescheduled to 7/10/03 at 10:30 , and Motion Hearing set for 10:00 7/10/03 for [44-1] motion to Compel Discovery ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

51

RESPONSE AFFIRMATION by Equal Employment to [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

50

MOTION by Everdry Marketing to Extend Time to respond to plaintiff's motion to compel discovery Court to set return date (BJB) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

52

MEMORANDUM by Everdry Management Re: Reply and Rebuttal (BJB) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

53

ORDER, set Scheduling Order Deadlines: Responses to Motions to 5/29/03 ; ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 06/03/2003)

May 30, 2003

May 30, 2003

54

ORDER granting [50-1] motion to Extend Time to respond to plaintiff's motion to compel discovery ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

Deadline updated; Motion Hearing set for 9:30 6/30/03 for [44-1] motion to Compel Discovery pursuant to notice (MWP) (BJB) (Entered: 06/19/2003)

June 3, 2003

June 3, 2003

55

MOTION by Everdry Marketing to attend Oral Argument on 7/10/03 by telephone Court to set return date (BJB) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

56

MEMORANDUM by Everdry Management in opposition to [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

57

ATTORNEY AFFIRMATION by Everdry Management Re: [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

59

MOTION by Everdry Marketing for Excusal from Oral Argument on6/30/03 (BJB) (Entered: 06/17/2003)

June 11, 2003

June 11, 2003

58

ORDER, Reply to Response to Motion set to 6/23/03 for [44-1] motion to Compel Discovery ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 06/13/2003)

June 13, 2003

June 13, 2003

60

ORDER granting [59-1] motion for Excusal from Oral Argument on6/30/03 ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

61

REPLY MEMO by Equal Employment to defendants' [56-1] opposition memorandum by Everdry Management (TO) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

62

AFFIRMATION by Equal Employment Re: [61-1] response reply by Equal Employment (TO) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

63

Minute entry: moiton argument held in re: plaintiff's motion to compel (#44). As to attorney/client issue: plaintiff to submit affidavits by 7/21/03; defendant to response by 8/4/03 (MWP) (CM) (Entered: 07/07/2003)

June 30, 2003

June 30, 2003

64

SUPPLEMENTAL MEMORANDUM by Equal Employment in support of [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 07/28/2003)

July 21, 2003

July 21, 2003

65

SUPPLEMENTAL AFFIDAVIT by Robert D. Rose on behalf of Equal Employment in support of [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 07/28/2003)

July 21, 2003

July 21, 2003

66

EEOC'S SUPPLEMENTAL PRIVILEGE LOG (BJB) (Entered: 07/28/2003)

July 21, 2003

July 21, 2003

67

SUPPLEMENTAL MEMORANDUM by Everdry Marketing, Everdry Management Re: Claims (BJB) (Entered: 08/07/2003)

Aug. 4, 2003

Aug. 4, 2003

68

ATTORNEY AFFIRMATION by Everdry Marketing, Everdry Management Re: Deposition of Jennifer Zazzaro (BJB) (Entered: 08/07/2003)

Aug. 4, 2003

Aug. 4, 2003

69

SECOND SUPPLEMENTAL AFFIRMATION by Robert D. Rose on behalf of Equal Employment Re: [44-1] motion to Compel Discovery by Equal Employment (BJB) (Entered: 08/13/2003)

Aug. 7, 2003

Aug. 7, 2003

70

SCHEDULING ORDER setting Discovery cutoff 10/31/03 ; Status conference by 10:00 10/9/03 ; Plaintiff's expert witness ID deadline for 9/30/03 Defendant's expert witness ID deadline on 10/15/03 Deadline for filing of all motions 11/28/03 ; ( signed by USMJ Marian W. Payson ). Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 08/18/2003)

Aug. 14, 2003

Aug. 14, 2003

71

MOTION by Everdry Marketing to attend the Status Conference on 10/9/03 via telephone (BJB) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

74

ORDER denying the EEOC's motion for leave to respond to supplemental memorandum of defense ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 09/04/2003)

Aug. 25, 2003

Aug. 25, 2003

72

ORDER, set Status Conference for 10:00 10/6/03 ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Nelson, Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 09/03/2003)

Aug. 27, 2003

Aug. 27, 2003

75

ORDER granting in part, insofar as it seeks an order specifying that the attorney-client privilege applies between the EEOC and the individual claimants (except that it is denied as to claimant Bruner), prohibiting exparte communications between Everdry and the claimants (except that it is denied as to claimant Bruner), and protecting from disclosure the EEOC's investigative notes and memoranda and denying in part, insofar as it seeks discovery after June 30, 2002 and disclosure of the investigative notes prepared by Everdry's counsel RE: [44-1] motion to Compel Discovery ( signed by USMJ Marian W. Payson ) Notice and copy of order sent to Kenneth B. Baker, Peter C. Lisa Sarkin, Robert D. Rose, Lisa Sirkin, Katherine E. Bissel (BJB) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

76

SCHEDULING ORDER: Discovery due by 1/19/2003. Privilege Log due 10/20/03. Copies of employee handbooks due 10/20/03. Updated discovery responses due 11/17/03. Plaintiff expert reports due 1/19/03, defense expert reports due 2/2/04. Status Conference set for 1/7/04 at 40:00. Motions due 3/26/03. Signed by Judge Marian W. Payson on 10/6/03. (BJB, ) Modified on 10/9/2003 (BJB, ). (Entered: 10/09/2003)

Oct. 6, 2003

Oct. 6, 2003

Set Deadlines/Hearings:, Set/Reset Scheduling Order Deadlines: Expert Witness List due by 2/16/2004. Motions due by 3/26/2004. Status Conference set for 1/7/2004 10:00 AM before Hon. Charles J. Siragusa. (BJB, ) (Entered: 10/09/2003)

Oct. 6, 2003

Oct. 6, 2003

77

Minute Entry for proceedings held before Judge Marian W. Payson : Status Conference held on 10/6/2003. (CAM, ) (Entered: 10/14/2003)

Oct. 6, 2003

Oct. 6, 2003

Set Deadlines/Hearings: Status Conference set for 1/28/2004 11:00 AM before Hon. Marian W. Payson. Pursuant to notice (MWP) (BJB, ) (Entered: 10/27/2003)

Oct. 16, 2003

Oct. 16, 2003

78

AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 2/13/2004. Plaintiff Expert Witness ID due by 1/30/2004. Discovery due by 2/27/2004.. Signed by Judge Marian W. Payson on 1/9/04. (CAM, ) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

79

MOTION for excusal from status conference on 1/28/04 by Everdry Marketing and Management, Inc.. (MMG, ) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

80

ORDER granting 79 Motion by Kenneth Baker for excusal from the 1/28/04 status conference. . Signed by Judge Marian W. Payson on 1/22/04. (CAM, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

81

Minute Entry for proceedings held before Judge Marian W. Payson : Status Conference held on 1/28/2004. (CAM, ) (Entered: 01/29/2004)

Jan. 28, 2004

Jan. 28, 2004

82

ORDER directing defendant, Everdry Marketing and Management, Inc., produce copies of requested employee lists by 2/9/2004. Signed by Hon. Marian W. Payson on 1/30/2004. (KAH, ) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

84

MOTION for Summary Judgment by Everdry Marketing and Management, Inc.. (Attachments: # 1 Motion Part 2)(BJB, ) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

NOTICE: Set Deadlines/Hearings: Telephone Status Conference set for 2/26/2004 11:30 AM before Hon. Marian W. Payson. Chambers to initiate conference call. (KAH, ) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

85

Minute Entry for proceedings held before Judge Marian W. Payson : Telephone Conference held on 2/26/2004. (CAM, ) (Entered: 02/28/2004)

Feb. 26, 2004

Feb. 26, 2004

NOTICE: Set Deadlines/Hearings: Status Conference set for 4/1/2004 10:00 AM before Hon. Marian W. Payson. (KAH, ) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

86

TEXT ORDER. Parties are to notify the Court in writing when discovery is complete so that the Court may issue a motion scheduling order. Signed by Hon. Charles J. Siragusa on 3/1/04. (KAR, ) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

88

Minute Entry for proceedings held before Judge Marian W. Payson : Telephone Conference held on 4/1/2004. (CAM, ) (Entered: 04/07/2004)

April 1, 2004

April 1, 2004

87

ORDER Status Conference set for 4/21/2004 02:00 PM before Hon. Marian W. Payson.Discovery due by 5/1/2004 for claimant Bradley. Motions to Compel Discovery due by 5/11/2004. Defendants' Response to Plaintiff's last outstanding discovery request due two weeks prior to Motions to Compel deadline. Plaintiff shall continue efforts to obtain medical records for claimant Buckner. Signed by Hon. Marian W. Payson on 4/2/2004. (KAH, ) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

89

STIPULATION AND ORDER. The Court will not issue a motion scheduling order until all discovery, including motions to compel, is completed, and until the deadline for filing dispositive motions (currently 5/14/04) has passed. Counsel shall inform the undersigned in writing once the motions to compel are resolved. Signed by Hon. Charles J. Siragusa on 4/12/04. (KAR, ) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

NOTICE: Reset Deadlines/Hearings: Telephone Status Conference adjourned from 4/21/2004 02:00 PM to 4/30/2004 02:00 PM before Hon. Marian W. Payson. Chambers will initiate conference call. (KAH, ) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

90

CONFIDENTIALITY ORDER. Signed by Hon. Marian W. Payson on 4/26/2004. (RO) (Entered: 04/29/2004)

April 26, 2004

April 26, 2004

91

Minute Entry for proceedings held before Judge Marian W. Payson : Telephone Conference held on 4/30/2004. (CAM, ) (Entered: 05/06/2004)

April 30, 2004

April 30, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 27, 2001

Closing Date: 2006

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

Everdry Waterproofing, Inc. (Rochester), Private Entity/Person

Everdry of Rochester (Rochester), Private Entity/Person

Everdry Management Services, Inc. (Rochester), Private Entity/Person

Everdry Marketing and Management, Inc. (Rochester), Private Entity/Person

Everdry Waterproofing, Inc. (Rochester), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 585000

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits