Case: EEOC v. NEW ENGLAND SERUM

1:01-cv-11672 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 28, 2001

Closed Date: Jan. 7, 2004

Clearinghouse coding complete

Case Summary

In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment because of their sex and national origin, and discharged claimants in retaliation for their complaints. More specifically, the claimant's supervisor directly or indirectly subjected the claimants to …

In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment because of their sex and national origin, and discharged claimants in retaliation for their complaints. More specifically, the claimant's supervisor directly or indirectly subjected the claimants to physical and verbal sexual harassment because of their sex and national origin. The defendant's distribution center manager subjected claimants to offensive and unwelcome sexually harassing conduct. The case settled by entry of a consent decree in January 2003.

The one year consent decree required the defendant to pay $150,000 to the claimants, refrain from retaliation, confirm that since the institution of the lawsuit that it has conducted significant training for managers (and will provide new managers and non-managers with training), distribute its anti-discrimination policy, and post notice. The EEOC retained the right to monitor compliance with the decree.

Summary Authors

Jason Chester (6/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8278270/parties/trustees-of-pipefitters-local-537-pension-fund-annuity-fund-and-health/


Attorney for Plaintiff

Bissell, Katherine (New York)

Landry, Thomas R. (Massachusetts)

Penzel, Markus Landon (Massachusetts)

Reams, Gwendolyn Young (District of Columbia)

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Documents in the Clearinghouse

Document

1:01-cv-11672

Docket

EEOC v. New England Serum

June 27, 2006

June 27, 2006

Docket
1

1:01-cv-11672

Complaint and Jury Trial Demand

EEOC v. New England Serum Company, Inc.

Sept. 28, 2001

Sept. 28, 2001

Complaint
25

1:01-cv-11672

Consent Decree

EEOC v. New England Serum Company, Inc.

Dec. 16, 2002

Dec. 16, 2002

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8278270/trustees-of-pipefitters-local-537-pension-fund-annuity-fund-and-health/

Last updated April 5, 2025, 11:02 a.m.

ECF Number Description Date Link Date / Link
13

Memorandum by Equal Employment in support of [12-1] motion for partial modification of 5/1/02, order and for order , filed. (fmr) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

14

Response by New England Serum in opposition to [12-1] motion for partial modification of 5/1/02, order and for protective order , filed. (fmr) (Entered: 06/05/2002)

June 3, 2002

June 3, 2002

15

Motion by Equal Employment for leave to file reply memorandum in support of its motion for partial modification of May 1, 2002, order and for protective order , filed. c/s (kf) (Entered: 06/12/2002)

June 10, 2002

June 10, 2002

16

Reply Memorandum by Equal Employment in support of [12-1] motion for partial modification of 5/1/02, order and for protective order , filed. c/s (kf) (Entered: 06/12/2002)

June 10, 2002

June 10, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [15-1] motion for leave to file reply memorandum in support of its motion for partial modification of May 1, 2002, order and for protective order . [EOD Date 6/19/02] (fmr) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

Judge Joseph L. Tauro . Endorsed Order entered denying [12-1] motion for partial modification of 5/1/02, order and for protective order . [EOD Date 6/19/02] (fmr) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

17

Motion by Equal Employment for leave to file Recent decision in support of its motion for partial modificatioin of May 1, 2002, Order and for Protective Order , filed. c/s (decision attached) (jf) (Entered: 07/01/2002)

June 26, 2002

June 26, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [17-1] motion for leave to file Recent decision in support of its motion for partial modificatioin of May 1, 2002, Order and for Protective Order as moot. cc/cl [EOD Date 7/10/02] (fmr) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

18

Joint motion by Equal Employment, New England Serum for protective order governing the production and use of confidential material , filed. . (fmr) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [18-1] joint motion for protective order governing the production and use of confidential material . [EOD Date 7/24/02] cc/cl (fmr) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

19

Judge Joseph L. Tauro . Stipulated Protective Order entered governing the production and use of confidential material. [EOD Date 7/24/02] (fmr) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

20

Notice of appearance of attorney for New England Serum by Eric R. Barber-Mingo, filed. (fmr) (Entered: 07/29/2002)

July 24, 2002

July 24, 2002

21

Assented-to Motion by New England Serum to amend [3-1] answer , filed. (fmr) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

22

Amended Answer to Complaint by New England Serum , filed. Answer amends [3-1] answer . (fmr) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

Clearinghouse

Judge Joseph L. Tauro . Endorsed Order entered granting [21-1] assented-to motion to amend [3-1] answer . [EOD Date 8/20/02] (fmr) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

23

Judge Joseph L. Tauro . Order entered,; the parties' joint request for a continuance is ALLOWED; reset status conference to 10:45 1/9/03 . [EOD Date 9/12/02] (fmr) (Entered: 09/12/2002)

Sept. 10, 2002

Sept. 10, 2002

24

Joint motion by Equal Employment, New England Serum to approve consent decree , filed. . (fmr) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [24-1] joint motion to approve consent decree . [EOD Date 1/8/03] (eaf) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

25

Judge Joseph L. Tauro . Consent judgment/decree entered . [EOD Date 1/8/03 cc: all counsel of record. (eaf) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

Clearinghouse

Case closed. (eaf) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

1

COMPLAINT against Southern Air, Inc. Filing fee: $ 400, receipt number 0101-4538256 (Fee Status: Filing Fee paid), filed by Trustees of Pipefitters Local 537 Pension Fund, Annuity Fund and Health & Welfare Fund. (Attachments: # 1 Civil Cover Sheet)(Landry, Thomas) (Entered: 07/11/2013)

1 Civil Cover Sheet

View on PACER

July 11, 2013

July 11, 2013

PACER
2

NOTICE of Case Assignment. Ch. Magistrate Judge Leo T. Sorokin assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. (Abaid, Kimberly) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
3

Summons Issued as to Southern Air, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Paine, Matthew) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
4

SUMMONS Returned Executed Southern Air, Inc. served on 7/16/2013, answer due 8/6/2013. (Landry, Thomas) (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
5

Request for notice of default by Trustees of Pipefitters Local 537 Pension Fund, Annuity Fund and Health & Welfare Fund . (Landry, Thomas) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
6

NOTICE: Clerk's ENTRY OF DEFAULT as to Southern Air, Inc. mailed cert mail # 6445 (Simeone, Maria) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
7

NOTICE: Standing Order RE ENTRY OF DEFAULT as to Southern Air, Inc. Plaintiff must file a Motion for Entry of Default Judgment in accordance with the attached Standing Order. (Denardo, Nancy) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
8

MOTION for Default Judgment as to Southern Air, Inc. by Trustees of Pipefitters Local 537 Pension Fund, Annuity Fund and Health & Welfare Fund. (Attachments: # 1 Affidavit Affidavit of Charles Hannaford, # 2 Text of Proposed Order Proposed Order)(Landry, Thomas) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
9

NOTICE; This case will be reassigned to a District Judge for ruling re 8 MOTION for Default Judgment as to Southern Air, Inc. (Simeone, Maria) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
10

ELECTRONIC NOTICE of Reassignment. Judge George A. OToole, Jr added. (Abaid, Kimberly) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
11

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 8 Motion for Default Judgment (Lyness, Paul) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
12

Judge George A. OToole, Jr: ORDER entered. JUDGMENT (Lyness, Paul) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: Jan. 7, 2004

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

New England Serum , Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Amount Defendant Pays: 150000

Order Duration: 2003 - 2004

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Sex discrimination

Affected National Origin/Ethnicity(s):

Indian

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits