Case: EEOC v. R.J.D. Enterprises, Inc. d/b/a "Pentacles Restaurant"

1:97-cv-00528 | U.S. District Court for the Western District of New York

Filed Date: June 30, 1997

Closed Date: March 21, 2000

Clearinghouse coding complete

Case Summary

The EEOC's New York office filed this suit on June 30, 1997 in the U.S. District Court for the Western District of New York, Buffalo Division. Two complainants intervened in the case. Because the defendant, R.J.D. Enterprises, Inc., never answered the complaint, the EEOC moved for a default judgment. The motion was granted on December 4, 1998 and judgment entered March 21, 2000. The court awarded the complainants $47,988 in the default judgment. The complaint was not available on PACER, therefore it is impossible to discern what the EEOC and the complainants alleged.

Summary Authors

William Burns (8/15/2007)

Documents in the Clearinghouse

Document

1:97-cv-00528

Docket [PACER]

EEOC v. R.J.D. Enterprises, Inc.

March 21, 2000

March 21, 2000

Docket

Resources

Docket

Last updated Sept. 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Jury Demand (SG) (Entered: 07/01/1997)

June 30, 1997

June 30, 1997

DEMAND for jury trial by EEOC included in Complaint Item 1 (SG) (Entered: 07/01/1997)

June 30, 1997

June 30, 1997

SUMMONS issued for R.J.D. Enterprises (SG) (Entered: 07/02/1997)

June 30, 1997

June 30, 1997

2

ORDER REFERRING CASE to USMJ Carol E. Heckman to participate as a facilitator in settlement discussions ( signed by Senior USDJ John T. Elfvin ) Notice and copy sent to Andree M. Peart . (DMS) (Entered: 07/10/1997)

July 7, 1997

July 7, 1997

CASE NO LONGER REFERRED TO USMJ Carol E. Heckman (JBG) (Entered: 04/08/1999)

July 7, 1997

July 7, 1997

3

MOTION to Intervene by Susan Fritz, Susan M. Skierczynski with affidavit in suppport (JMD) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

5

CERTIFICATE OF SERVICE of Motion to Intervene by Susan Fritz, Susan M. Skierczynski (SG) (Entered: 02/03/1998)

Jan. 30, 1998

Jan. 30, 1998

NOTICE: JTE Response to Motion reset to 4/17/98 for [3-1] motion to Intervene , Reply to Response to Motion reset to 4/22/98 , Motion Hearing set for 3:00 4/24/98 (SG) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

Minute entry: no appearances, [3-1] motion to Intervene by Susan Fritz, Susan M. Skierczynski granted. JTE (JMD) (Entered: 05/05/1998)

April 24, 1998

April 24, 1998

6

Return of service unexecuted as to R.J.D. Enterprises re: [1-1] complaint (JMD) (Entered: 05/11/1998)

May 8, 1998

May 8, 1998

7

REQUEST FOR CLERK'S ENTRY OF DEFAULT by EEOC as to R.J.D. Enterprises (former empl) Modified on 05/13/1998 (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

8

CLERK'S ENTRY OF DEFAULT as to R.J.D. Enterprises . Notice and copy sent to Andrew P. Fleming, Andree M. Peart . (former empl) (Entered: 06/16/1998)

June 16, 1998

June 16, 1998

9

ORDER TO SHOW CAUSE Show Cause Hearing set for 3:00 10/30/98 why this action should not be dismissed for failure to prosecute (signed by Senior USDJ John T. Elfvin) Notice and copy sent to Andrew P. Fleming, Andree M. Peart . (SG) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

Show cause hearing reset to 3:00 11/6/98 (JTE) (SG) (Entered: 11/04/1998)

Oct. 30, 1998

Oct. 30, 1998

10

MOTION by EEOC for Default Judgment against R.J.D. Enterprises (SG) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

11

MEMORANDUM by EEOC in support of [10-1] motion for Default Judgment against R.J.D. Enterprises by EEOC (SG) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

NOTICE: JTE Response to Motion reset to 11/25/98 for [10-1] motion for Default Judgment against R.J.D. Enterprises , Reply to Response to Motion reset to 12/2/98 , Motion Hearing set for 3:00 12/4/98 (SG) (Entered: 11/06/1998)

Nov. 4, 1998

Nov. 4, 1998

Show cause hearing; No appearances (JTE) (SG) (Entered: 11/10/1998)

Nov. 6, 1998

Nov. 6, 1998

12

MOTION with Affidavit and Exhibits by EEOC for Default Judgment against R.J.D. Enterprises (SG) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

NOTICE: JTE Response to Motion reset to 11/25/98 for [12-1] motion for Default Judgment against R.J.D. Enterprises , Reply to Response to Motion reset to 12/2/98 , Motion Hearing set for 3:00 12/4/98 (SG) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

13

ORDER TO SHOW CAUSE Show Cause Hearing set for 3:00 8/20/99 (signed by Senior USDJ John T. Elfvin) Notice and copy sent to Andrew P. Fleming, Andree M. Peart . (SG) (Entered: 07/16/1999)

July 15, 1999

July 15, 1999

14

CONSENT TO PROCEED before Magistrate Judge and Order Referring Case to USMJ Carol E. Heckman and directing that the case number shall read 97-CV-0528H (signed by Senior USDJ John T. Elfvin) Case reassigned to USMJ Carol E. Heckman Notice and copy to Andrew P. Fleming, Andree M. Peart (SG) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

NOTICE: CEH Scheduling conference set on 10:00 9/30/99 (SG) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

Tele-conference held with plaintiff's attorneys; Defendants have defaulted but plaintiffs need to make a record to establish damages; Trial on damages set for 12/13/99 and 12/14/99 at 10:00 am; in addition, teleconference set for 12/2/99 at 9:00 am to discuss details of hearing (CEH) (SG) (Entered: 10/07/1999)

Sept. 30, 1999

Sept. 30, 1999

Bench trial set at 10:00 12/13/99 (SG) (Entered: 10/07/1999)

Oct. 7, 1999

Oct. 7, 1999

Tele-conference set at 9:00 12/2/99 (SG) (Entered: 10/07/1999)

Oct. 7, 1999

Oct. 7, 1999

15

ORDER, set Telephone Conference for 9:00 12/2/99 , set Bench Trial for 10:00 12/13/99 ( signed by USMJ Carol E. Heckman ) Notice and copy of order sent to Andrew P. Fleming, Andree M. Peart (SG) (Entered: 11/22/1999)

Nov. 18, 1999

Nov. 18, 1999

Tele-conference held with plaintiff's attorney regarding how to conduct damages hearing; Attorneys agree affidavits are sufficient; Accordingly, attorney will submit affidavits supporting lost wages, attorneys' fees and costs as well as proposed judgment by 12/13/99 (CEH) (SG) (Entered: 12/03/1999)

Dec. 2, 1999

Dec. 2, 1999

16

ORDER, Extending the Time to file affidavits re: damages and attorney's fees until 12/21/99 ( signed by USMJ Carol E. Heckman ) Notice and copy of order sent to Gregory A. Mattacola, Andrew P. Fleming, Andree M. Peart (SG) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

17

AFFIDAVIT by Susan Fritz (SG) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

18

AFFIDAVIT by Susan M. Skierczynski (SG) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

19

AFFIDAVIT with Exhibit by Andrew P. Fleming for EEOC (SG) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

20

ORDER, set Telephone Conference for 10:00 3/10/00; plaintiff's counsel is directed to initiate the call (signed by USMJ Carol E. Heckman ) Notice and copy of order sent to Gregory A. Mattacola, Andrew P. Fleming, Andree M. Peart (SG) (Entered: 02/18/2000)

Feb. 17, 2000

Feb. 17, 2000

21

DEFAULT JUDGMENT against R.J.D. Enterprises d/b/a Pentacles Restaurant in the amount of $3,440.00 for plaintiff-intervenor Susan Fritz and in the amount of $44,548.00 for plaintiff-intervenor Susan M. Skierczynski (signed by USMJ Carol E. Heckman) Notice and copy sent Gregory A. Mattacola, Andrew P. Fleming, Andree M. Peart, R.J.D. Enterprises, Inc. (SG) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

Case closed (SG) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 30, 1997

Closing Date: March 21, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

R.J.D. Enterprises, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 47988

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit