Case: EEOC v. Eureka Marine Products, Inc.

3:06-cv-01344 | U.S. District Court for the District of Puerto Rico

Filed Date: March 31, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 31, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Eureka Marine Products Co. of Puerto Rico, Inc. in the U.S. District Court for the District of Puerto Rico. The complaint alleged the the defendant had terminated all employees over the age of 40, in violation of the Age Discrimination of Employment Act (ADEA). The EEOC sought injunctive and monetary relief. Judge Francisco Besosa was assigned to this case.Over the next several months, the EEOC atte…

On March 31, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Eureka Marine Products Co. of Puerto Rico, Inc. in the U.S. District Court for the District of Puerto Rico. The complaint alleged the the defendant had terminated all employees over the age of 40, in violation of the Age Discrimination of Employment Act (ADEA). The EEOC sought injunctive and monetary relief. Judge Francisco Besosa was assigned to this case.

Over the next several months, the EEOC attempted to engage in discovery, but the defendant failed to respond to several discovery requests, even after the court ordered the defendant to comply. Therefore, on August 30, 2007, the EEOC moved for the defendant's pleadings to be stricken from the record and for a default judgment to be entered in favor of the plaintiff. On October 2, Judge Besosa granted the motion to strike pleadings. He gave the plaintiffs until October 16 to move for default judgment.

On April 30, 2008, the court ordered the default judgment against the defendant, granting the plaintiffs monetary and injunctive relief. The defendant was to pay $398,330.19 in back pay to the four terminated employees. The injunctive relief ordered the defendant to refrain from age discrimination and retaliation at the workplace. The court concluded that the defendant violated the ADEA and that the claimants, identified by the EEOC, were entitled to monetary and injunctive relief.

This case is closed.

Summary Authors

Kevin Wilemon (5/29/2008)

Sean Whetstone (6/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079220/parties/united-states-equal-employment-opportunity-commission-v-eureka-marine/


Judge(s)

Besosa, Francisco Augusto (Puerto Rico)

Attorney for Plaintiff

Curtin, Nora E. (Florida)

Gomez-Fernandez, Maritza I. (Puerto Rico)

Jimenez, Jessica Liliana (Florida)

Attorney for Defendant

Casellas-Rodriguez, Juan M. (Puerto Rico)

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Documents in the Clearinghouse

Document

3:06-cv-01344

Docket [PACER]

United States Equal Employment Opportunity Commission v. Eureka Marine Products Co. of Puerto Rico, Inc.

April 30, 2008

April 30, 2008

Docket
1-1

3:06-cv-01344

Complaint

EEOC v. Eureka Marine Products Co. of Puerto Rico, Inc. d/b/a Eureka Marine Products

March 31, 2006

March 31, 2006

Complaint
35

3:06-cv-01344

Final Judgment

EEOC v. Eureka Marine Products Co. of Puerto Rico, Inc. dba Eureka Marine Products

April 30, 2008

April 30, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079220/united-states-equal-employment-opportunity-commission-v-eureka-marine/

Last updated June 29, 2023, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Eureka Marine Products Co. of Puerto Rico, Inc. (Filing fee $ 250.), filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3)(Gomez-Fernandez, Maritza) Modified on 4/4/2006 to correct party against whom was filed the complaint. (Entered: 04/03/2006)

March 31, 2006

March 31, 2006

PACER
2

Summons Issued as to Eureka Marine Products Co. of Puerto Rico, Inc.Service due by 7/31/2006. (ft, ) (Entered: 04/04/2006)

March 31, 2006

March 31, 2006

PACER
3

NOTICE NOTICE TO CORRECT RECORD INFORMATION by United States Equal Employment Opportunity Commission (Gomez-Fernandez, Maritza) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
4

MOTION for Extension of Time until June 23, 2006 to File Answer re: 1 Complaint, filed by United States Equal Employment Opportunity Commission, filed byJuan M. Casellas-Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. Suggestions in opposition/response due by 6/26/2006 (Related document(s) 1 ) (Casellas-Rodriguez, Juan) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

PACER
5

ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint, filed by United States Equal Employment Opportunity Commission. Answer deadline due by 6/23/2006.. Signed by Judge Jose A Fuste on 6/21/06. (ft, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
6

***STRICKEN FROM THE RECORD, SEE 23 *** ANSWER to Complaint filed by Juan M. Casellas-Rodriguez on behalf of Defendant Eureka Marine Products Co. of Puerto Rico, Inc..(Casellas-Rodriguez, Juan) Modified on 10/17/2007 (jms). (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
7

SCHEDULING ORDER/CASE MANAGEMENT ORDER: Pretrial Conference set for 2/15/2007 01:30 PM before Chief Judge Jose A Fuste. Amended Pleadings and Joinder of Parties due by 8/4/2006. Discovery due by 11/14/2006. Dispositive Motions due by 12/14/2006. Proposed Pretrial Order due by 2/13/2007. . Signed by Judge Jose A Fuste on 7/13/2006. (be, ) Modified on 10/3/2006 to correct date of PTC(ft, ). (Entered: 07/14/2006)

July 13, 2006

July 13, 2006

PACER
8

REPORT Report of Parties' Planning Meeting by United States Equal Employment Opportunity Commission, Eureka Marine Products Co. of Puerto Rico, Inc.. (Gomez-Fernandez, Maritza) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

PACER
9

ORDER noting 8 Joint Report filed by the parties. The court approves and incorporates the plan to the record. The Scheduling Order is set aside and new deadlines and settings are as follows: Discovery deadline: August 31, 2007; Joining of additional parties' deadline: October 31, 2006; Amendment of pleadings' deadline: December 14, 2006; Dispositive motion deadline: September 30, 2007, oppositions due 30 days after filing; Pretrial Conference reset for December 7, 2007, at 1:30 PM, Proposed Pretrial Order to be filed by December 5, 2007 . Signed by Judge Jose A Fuste on 10/3/06. (mrj, ) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER
10

MEMORANDUM OF THE CLERK: This case is being transferred to newly appointed Article III Judge Francisco A. Besosa to form part of his case load. All future pleadings shall bear the following initials next to the case number: CIVIL CASE NO. 06-1344 (FAB). Signed by Clerk on 10/04/06. (li,) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
11

NOTICE of Withdrawal of Counsel by United States Equal Employment Opportunity Commission (Gomez-Fernandez, Maritza) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

PACER
12

Minute Entry for proceedings held before Judge Francisco A. Besosa : Pretrial Conference set for 12/7/2007 at 1:30 pm is hereby ADVANCED for 09:00 AM before Judge Francisco A. Besosa. (grf) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
13

ORDER TO SHOW CAUSE. Plaintiff shall show cause on or before June 22, 2007 at 5:00 p.m. why this case should not be dismissed for lack of prosecution pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Francisco A. Besosa on 06/18/07. (brc) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

PACER
14

NOTICE of Appearance Jessica L. Jimenez by Lauren Gayle Dreilinger on behalf of United States Equal Employment Opportunity Commission (Dreilinger, Lauren) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
15

RESPONSE TO ORDER TO SHOW CAUSE filed by United States Equal Employment Opportunity Commission, United States Equal Employment Opportunity Commission Re: 13 Order to Show Cause, (Attachments: # 1 Declaration of Jessica L. Jimenez# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Dreilinger, Lauren) (Entered: 06/22/2007)

2 Declaration of Jessica L. Jimenez

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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June 22, 2007

June 22, 2007

PACER
16

ORDER re 14 Notice of Appearance filed by United States Equal Employment Opportunity Commission: NOTED and GRANTED. Signed by Judge Francisco A. Besosa on 06/22/07. (brc) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
17

ORDER re 15 Response to Order to Show Cause: NOTED. The EEOC may, if it deems it appropriate, file a motion to compel the defendant to respond to the written discovery which remains outstanding. Signed by Judge Francisco A. Besosa on 06/25/07. (brc) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

PACER
18

MOTION to Compel Production of Documents and Responses to Interrogatories filed byLauren Gayle Dreilinger on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 7/16/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Dreilinger, Lauren) (Entered: 07/02/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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July 2, 2007

July 2, 2007

PACER
19

ORDER re 18 Motion to Compel: GRANTED as requested. Defendant shall answer the interrogatories and produce the documents requested by plaintiff no later than 8/21/2007 at 5:00 p.m. Failure to comply will result in the imposition of sanctions on defendant, its attorney, or both, to include the entry of default against the defendant or monetary sanctions on the defendant, its counsel or both. The Court will accept no excuses for non-compliance with its orders. Signed by Judge Francisco A. Besosa on 08/14/07. (brc) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
20

MOTION to Withdraw Attorney as to Juan M. Casellas-Rodriguez filed byJuan M. Casellas-Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. (Casellas-Rodriguez, Juan) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
21

MOTION to strike defendant's answer and affirmative defenses and for Entry of Default Judgment as to Eureka Marine Products Co. of Puerto Rico, Inc. filed by Jessica Liliana Jimenez on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 9/12/2007 (Jimenez, Jessica) Modified on 9/4/2007 to add docket text. (ni, ). (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
22

ORDER denying 20 Motion to Withdraw as Attorney. Signed by Judge Francisco A. Besosa on 08/31/07. (brc) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
23

ORDER granting 21 Motion for Default Judgment. Defendant's answers and affirmative defenses are stricken. Default is entered against the defendant. Plaintiff USEEOC will move to enter default judgment no later than 10/16/2007. Signed by Judge Francisco A. Besosa on 10/02/07. (brc) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
24

MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 11/1/2007 (Jimenez, Jessica) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
25

Second MOTION to Withdraw Attorney as to Juan M. Casellas-Rodriguez filed byJuan M. Casellas-Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Casellas-Rodriguez, Juan) (Entered: 10/31/2007)

2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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Oct. 31, 2007

Oct. 31, 2007

PACER
26

ORDER re 24 Motion for Entry of Default : DENIED WITHOUT PREJUDICE. Attorney to refile in compliance with Fed. Civ. R. 55. Signed by Judge Francisco A. Besosa on 11/1/2007. (grf) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
27

ORDER re 25 Motion to Withdraw as Attorney: GRANTED. Juan M. Casellas-Rodriguez and the Nolla, Palou & Casellas, LLC law firm are allowed leave to withdraw as counsel for defendant Eureka Marine Products Co. of Puerto Rico. The Clerk will notify defendant of this order to defendant's last known address. Signed by Judge Francisco A. Besosa on 11/1/2007. (grf) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
28

***STRICKEN AS PER ORDER AT DKT #31*** MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Attachments: # 1 Exhibit Declaration of Artagnan Olivera# 2 Exhibit Declaration of Jorge Martinez# 3 Exhibit Declaration of Reinaldo Olivera# 4 Exhibit Declaration of Carlos Batista# 5 Exhibit Declaration of Peter Taxier)(Jimenez, Jessica) Modified on 12/11/2007 (ov). (Entered: 12/07/2007)

2 Exhibit Declaration of Artagnan Olivera

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3 Exhibit Declaration of Jorge Martinez

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4 Exhibit Declaration of Reinaldo Olivera

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5 Exhibit Declaration of Carlos Batista

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6 Exhibit Declaration of Peter Taxier

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Dec. 7, 2007

Dec. 7, 2007

PACER
29

MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Attachments: # 1 Exhibit Declaration of Artagnan Olivera# 2 Exhibit Declaration of Jorge Martinez# 3 Exhibit Declaration of Reinaldo Olivera# 4 Exhibit Declaration of Carlos Batista# 5 Exhibit Declaration of Peter Taxier)(Jimenez, Jessica) (Entered: 12/07/2007)

2 Exhibit Declaration of Artagnan Olivera

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3 Exhibit Declaration of Jorge Martinez

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4 Exhibit Declaration of Reinaldo Olivera

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5 Exhibit Declaration of Carlos Batista

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6 Exhibit Declaration of Peter Taxier

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Dec. 7, 2007

Dec. 7, 2007

PACER
30

MOTION to Strike Re: 28 MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed by United States Equal Employment Opportunity Commission filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Related document(s) 28 ) (Jimenez, Jessica) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

RECAP
31

ORDER granting 30 Motion to Strike. Docket No. 28 is stricken from the record. Signed by Judge Francisco A. Besosa on 12/10/07. (brc) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

PACER
32

NOTICE of Withdrawal by United States Equal Employment Opportunity Commission (Jimenez, Jessica) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
33

ORDER re 32 Notice of Withdrawal of Counsel: NOTED. Signed by Judge Francisco A. Besosa on 12/11/07. (brc) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
34

Mail Returned as Undeliverable. Mail sent to Eureka Marine Products Co. of Puerto Rico, Inc. (jms) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
35

JUDGMENT in favor of Plaintiff against Defendant in the amount of $398,330.19, etc as stated herein ( Signed by Judge Francisco A. Besosa on 4/30/08.)(jms) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

RECAP

Case Details

State / Territory: Puerto Rico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of four employees who were terminated because of their age.

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

Eureka Marine Products Co. of Puerto Rico, Inc. (Dorado,PR and Ft. Lauderdale, FL), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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:

Litigation

Amount Defendant Pays: $398,330.19

Order Duration: 2008 - None

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits