Case: EEOC v. FRED FULLER OIL, CO.

1:03-cv-00426 | U.S. District Court for the District of New Hampshire

Filed Date: Sept. 30, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendants' owner subjected the charging parties, female employees, to a sexually hostile work environment comprised of offensive language, unwelcome touching, and sexual advances. …

In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendants' owner subjected the charging parties, female employees, to a sexually hostile work environment comprised of offensive language, unwelcome touching, and sexual advances.

In November 2003, two charging parties intervened in the suit. The defendants filed a motion to dismiss for lack of jurisdiction which was denied in April 2004. After some discovery disputes, two more charging parties intervened in the suit in February 2005. In March, the defendants filed a motion summary judgment, which was denied in April 2005. Thereafter, the parties settled in July 2005 through a consent decree.

The defendant agreed to develop an anti-harassment policy and complaint procedure, provide sexual harassment training for its owner and managers, post a notice of the decree, report to the EEOC quarterly, and pay $780,000 to be distributed among five women.

The settlement term was three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Jason Chester (7/6/2007)

Documents in the Clearinghouse

Document

1:03-cv-00426

Docket

EEOC v. Fuller Oil Company

June 27, 2006

June 27, 2006

Docket
31

1:03-cv-00426

Mediation Report

EEOC v. Fred Fuller Oil Company

Sept. 23, 2004

Sept. 23, 2004

Monitor/Expert/Receiver Report

EEOC Litigation Settlement Report

EEOC v. Fuller Oil Company, et al

No Court

July 5, 2005

July 5, 2005

Press Release
91

1:03-cv-00426

Judgment

EEOC v. Fred Fuller Oil Company

July 5, 2005

July 5, 2005

Order/Opinion

EEOC Office of General Counsel FY 2005 Annual Report

EEOC v. Fred Fuller Oil Co.

No Court

April 13, 2006

April 13, 2006

Press Release

Resources

Docket

Last updated Aug. 11, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand Filing fee waived for EEOC . (bc) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

SUMMONS and WAIVER OF SERVICE issued for Fuller Oil Company, Fuller's Convenience . (bc) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

ADDED PARTY Mary Adams, Amy Schlemmer (mm) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

2

MOTION by Mary Adams, Amy Schlemmer to Intervene by Mary Adams, Amy Schlemmer with memorandum served on: 10/16/03. EEOC assents. Objection to Motion Deadline 11/4/03 (mm) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

3

NOTICE of attorney appearance for Fuller Oil Company, Fuller's Convenience by Simon C. Leeming and Nicole Spaur (mm) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

4

WAIVER OF SERVICE Executed as to Fuller Oil Company, Fuller's Convenience ; waiver mailed 10/8/03 ; Answer due on 12/10/03 for Fuller's Convenience, for Fuller Oil Company (mm) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

5

MOTION by Fuller Oil Company, Fuller's Convenience to Dismiss pursuant to 12(b)(1) , or in the alternative to Stay with memorandum served on: 10/30/03. Objection to Motion Deadline 11/19/03 (mm) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

6

OBJECTION by Fuller Oil Company, Fuller's Convenience to [2-1] motion to Intervene by Mary Adams, Amy Schlemmer . (mm) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

7

Assented to MOTION by Fuller Oil Company, Fuller's Convenience for Katherine E. Perrelli to Appear Pro Hac Vice with affidavit and fee. (mm) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

Endorsed ORDER granting [7] Motion to Appear Pro Hac Vice. Attorney Katherine E. Perrelli for Fred Fuller Oil Company, Inc. and Fuller's Convenience Store, Inc. added. Signed by Clerk James R. Starr. (mm, ) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

Endorsed ORDER granting [2] Motion to Intervene. Signed by Judge Paul Barbadoro. (mm, ) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

8

Intervenor COMPLAINT filed by Mary Adams, Amy Schlemmer against Fred Fuller Oil Co., Fuller Convenience Store and Frederick Fuller, Jr.(mm, ) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

9

Disclosure Statement by Fuller's Convenience Store, Inc. disclosing no parent companies, and no merger agreement. (mm, ) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

10

Disclosure Statement by Fred Fuller Oil Company, Inc. disclosing no parent companies, and no merger agreement. (mm, ) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

12

OBJECTION to [5] Motion to DismissMotion to Stay with memorandum, served on 11/17/03, filed by Mary Adams, Amy Schlemmer. Follow up on 12/5/2003 (mm, ) (Entered: 11/19/2003)

Nov. 17, 2003

Nov. 17, 2003

13

MOTION for Kristin Glennan McGurn to Appear Pro Hac Vice (fee paid) filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. , with affidavit and assent. (mm, ) (Entered: 11/22/2003)

Nov. 21, 2003

Nov. 21, 2003

14

NOTICE of Attorney Appearance by Simon C. Leeming on behalf of Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. (mm, ) (Entered: 11/22/2003)

Nov. 21, 2003

Nov. 21, 2003

Notice of Intent to Reply to Objection to [5] Motion to DismissMotion to Stay. Reply due by 12/5/2003.(mm, ) (Entered: 11/22/2003)

Nov. 21, 2003

Nov. 21, 2003

Endorsed ORDER granting [13] Motion to Appear Pro Hac Vice. Attorney Kristin Glennan McGurn for Fuller's Convenience Store, Inc.; Fred Fuller Oil Company, Inc. and Frederick J. Fuller added. Signed by Clerk James R. Starr. (mm, ) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

15

WAIVER OF SERVICE Returned Executed as to Mary Adams ; Amy Schlemmer. Served/mailed on 11/10/2003. Answer due by 1/9/2004.(mm, ) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

NOTICE of Attorney Appearance by Katherine E. Perrelli on behalf of Frederick J. Fuller (mm, ) (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

16

REPLY to Objection to Motion re [5] Motion to Dismiss or in the alternative Motion to Stay filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc.. (mm, ) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

17

MOTION to Strike EEOCs and plaintiffs' detailed discussion of their conciliation proposal contained in [11] Objection to Motion, [12] Objection to Motion filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. . Follow up on 12/26/2003 (mm, ) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

18

Partial OBJECTION to [17] MOTION to Strike and impound records filed by Mary Adams, Amy Schlemmer. (mm, ) (Entered: 12/15/2003)

Dec. 15, 2003

Dec. 15, 2003

19

RESPONSE re [16] Reply to Objection to Motion to Dimiss or in the alternative to stay. filed by Mary Adams, Amy Schlemmer. (mm, ) (Entered: 12/18/2003)

Dec. 15, 2003

Dec. 15, 2003

20

OBJECTION to [17] MOTION to Strike [11] Objection to Motion, [12] Objection to Motion filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 12/21/2003)

Dec. 19, 2003

Dec. 19, 2003

21

MOTION for Leave to File reply filed by Mary Adams, Amy Schlemmer , with assent. (mm, ) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

22

MOTION to Extend Time to Answer Intervenor plaintiff's complaint to 1/16/04 filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. , with assent. (mm, ) (Entered: 01/12/2004)

Jan. 9, 2004

Jan. 9, 2004

ENDORSED ORDERgranting [22] Motion to Extend Time to Answer re [8] Intervenor Complaint.. Text of Order: Motion Granted . Signed by Judge Paul Barbadoro. Answer due by 1/16/2004.(mm, ) (Entered: 01/16/2004)

Jan. 14, 2004

Jan. 14, 2004

23

ANSWER to Intervenor Complaint filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. with jury demand.(mm, ) (Entered: 01/20/2004)

Jan. 17, 2004

Jan. 17, 2004

24

ORDER denying [5] Motion to Dismiss, denying [5] Motion to Stay, denying [17] Motion to Strike, denying [21] Motion for Leave to File. Signed by Judge Paul Barbadoro.(mm, ) (Entered: 04/14/2004)

April 13, 2004

April 13, 2004

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/14/2004 09:00 AM before Magistrate Judge James R. Muirhead. Follow up on Discovery Plan 5/7/2004.(jab, ) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

25

Proposed Discovery Plan.(mm, ) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

26

ORDER re: mediation Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

Endorsed Order approving [25] Proposed Discovery Plan. Length of Trial 7-10 days. Case Track: Standard. Summary Judgment Motions due by 3/1/2005. Dispositive Motion Filing Deadline 3/1/2005. Mediation Follow Up on 5/17/2004. Text of Order: Approved and adopted as a pretrial scheduling order. Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

TRIAL NOTICE: LR 16.2(d) Objections due 5/20/05.. Jury Trial set for 6/7/2005 09:30 AM before Chief Judge Paul Barbadoro. Final Pretrial Conference set for 5/24/2005 04:00 PM before Chief Judge Paul Barbadoro. Pretrial Statements due 5/6/2005.(mm, ) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

27

ORDER appointing Emily Gray Rice, Esq. to mediate this case. Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/20/2004)

May 19, 2004

May 19, 2004

28

ANSWER to Complaint with Jury filed by Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 06/02/2004)

May 28, 2004

May 28, 2004

29

Assented to MOTION for Michael G. Messerschmidt to Appear Pro Hac Vice filed by Frederick J. Fuller, Fuller's Convenience Store, Inc. , with affidavit. (mm, ) (Entered: 06/17/2004)

June 14, 2004

June 14, 2004

Endorsed ORDER granting [29] Motion to Appear Pro Hac Vice. Attorney Michael G. Messerschmidt for Frederick J. Fuller and Fuller's Convenience Store, Inc. added. Signed by Clerk James R. Starr. (mm, ) (Entered: 06/18/2004)

June 17, 2004

June 17, 2004

30

NOTICE of withdrawal of attorney by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

31

MEDIATION REPORT : The parties were unable to resolve their differences.. Signed by Judge James R. Muirhead. (mm, ) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

33

Notice to Substitute Attorney. Added attorney Peter G. Callaghan for Fuller's Convenience Store, Inc.; Fred Fuller Oil Company, Inc. and Frederick J. Fuller. Attorney Simon C. Leeming terminated.(mm, ) (Entered: 10/05/2004)

Sept. 30, 2004

Sept. 30, 2004

34

OBJECTION to [32] MOTION to Compel production of medical records as to Mary Adams, served on 10/19/04, filed by Mary Adams. (mm, ) (Entered: 10/20/2004)

Oct. 19, 2004

Oct. 19, 2004

ENDORSED ORDER granting [32] Motion to Compel production of medical records as to Mary Adams. Text of Order: Motion granted. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

35

Assented to MOTION to Amend [1] Complaint to add 2 additional women filed by US Equal Employment Opportunity Commission . (mm, ) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

ENDORSED ORDER granting [35] Motion to Amend [1] Complaint. Text of Order: Motion granted. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

36

AMENDED COMPLAINT against Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. filed by US Equal Employment Opportunity Commission.(mm, ) (Entered: 10/28/2004)

Oct. 26, 2004

Oct. 26, 2004

37

First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc.. Follow up on Objection on 11/17/2004 (Callaghan, Peter) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

38

First MOTION to Compel Amy Schlemmer's Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc.. Follow up on Objection on 11/17/2004 (Attachments:, # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Callaghan, Peter) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

39

ORDER. Attorney Callaghan filed 37 Motion to Compel, 38 Motion to Compel, electronically in a conventional case. Notice of Compliance Deadline set for 11/8/2004. (mm, ) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

40

MOTION to Withdraw 37 First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. .Served on 10/29/04. Follow up on Objection on 11/22/2004 (mm, ) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

41

OBJECTION to 38 First MOTION to Compel Amy Schlemmer's Cell Phone Records and Medical Records, served on 11/1/04, filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

42

ANSWER to Amended Complaint filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

ENDORSED ORDER granting in part and denying in part 38 Motion to Compel. Text of Order: Denied as to cell phone records. Defendants' assertions are without any merit and grossly overbroad. Plaintiff is ordered to provide the medical records referenced or an authorization to get them if they do not have them. Signed by Judge James R. Muirhead.(djb, ) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

ENDORSED ORDER granting [40] Motion to Withdraw 37 Motion to Compel. Text of Order: Granted. Signed by Judge James R. Muirhead.(djb, ) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

43

Addendum/concurrence statement to [40] MOTION to Withdraw 37 First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

44

Assented to MOTION to Extend Time to 2/18/05 for discovery filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 12/22/2004)

Dec. 20, 2004

Dec. 20, 2004

ENDORSED ORDER granting [44] Motion to Extend Time discovery deadlines. Text of Order: Motion granted Signed by Judge Paul Barbadoro.(mm, ) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

45

MOTION to Intervene as plaintiff filed by Judi Donahue, Donna MacKinnon-Taylor, with attachments.Served on 1/12/05. Follow up on Objection on 2/2/2005 (mm, ) (Entered: 01/14/2005)

Jan. 13, 2005

Jan. 13, 2005

46

OBJECTION to [45] MOTION to Intervene as plaintiff, served on 1/27/05, filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller. (mm, ) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

ORDER [45] Motion to Intervene. Follow up on Reply on 2/16/2005. Text of Order: Proposed intervenors shall file a reply addressing the issues raised by the objection Signed by Judge Paul Barbadoro. (mm, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

47

REPLY with attachments to Objection to Motion re [45] MOTION to Intervene as plaintiff filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

48

REPLY to Objection to Motion re [45] MOTION to Intervene as plaintiff filed by Judi Donahue, Donna MacKinnon-Taylor. (mm, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

49

ORDER granting [45] Motion to Intervene. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

50

Intervenor COMPLAINT filed by Judi Donahue, Donna MacKinnon-Taylor.(mm, ) (Entered: 02/17/2005)

Feb. 16, 2005

Feb. 16, 2005

51

Assented to MOTION to Exceed page limit in memo filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

52

MOTION for Summary Judgment pursuant to Fed R Civ P 56 filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with memorandum, affidavit, and attachments.Served on 3/1/05. Follow up on Objection on 4/4/2005 (mm, ) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

54

MOTION for Partial Summary Judgment against EEOC filed by Fuller's Convenience Store, Inc., Frederick J. Fuller, with memorandum and attachments.Served on 3/1/05. Follow up on Objection on 4/4/2005 (mm, ) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

53

ANSWER to [50] Intervenor Complaint by Fred Fuller Oil Company, Inc., Frederick J. Fuller. (mm, ) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

55

OBJECTION/memorandum to [54] MOTION for Summary Judgment, served on 3/30/05, filed by US Equal Employment Opportunity Commission with attachments. Follow up on Objection on 4/18/2005 (mm, ) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

56

OBJECTION/memorandum to [52] MOTION for Summary Judgment, served on 3/30/05, filed by US Equal Employment Opportunity Commission with attachments. Follow up on Objection on 4/18/2005 (mm, ) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

57

OBJECTION to [54] MOTION for Summary Judgment for partial summary judgment with memorandum and affidavit, served on 4/4/05, filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. Follow up on Objection on 4/21/2005 (mm, ) (Entered: 04/07/2005)

April 4, 2005

April 4, 2005

Oral Notice of Intent to Reply to Objection to [52] MOTION for Summary Judgment, [54] MOTION for Summary Judgment.(mm, ) (Entered: 04/13/2005)

April 12, 2005

April 12, 2005

58

REPLY to Objection to Motion re [52] MOTION for Summary Judgment filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

59

REPLY to Objection to Motion re [54] MOTION for Summary Judgment filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

60

MOTION to Strike [58] Reply to Objection to Motion, [59] Reply to Objection to Motion filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor.Served on 4/19/05. Follow up on Objection on 5/10/2005 (mm, ) (Entered: 04/21/2005)

April 20, 2005

April 20, 2005

61

OBJECTION to [60] MOTION to Strike [58] Reply to Objection to Motion, [59] Reply to Objection to Motion, served on 4/25/05, filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

ENDORSED ORDER denying [60] Motion to Strike [58] Reply to Objection to Motion. Text of Order: Motion denied. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 05/02/2005)

April 30, 2005

April 30, 2005

62

Pretrial Material filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

63

Proposed Jury Instructions by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

64

First MOTION in Limine for an Order Excluding Evidence Re: Bad Acts, Crimes filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

65

Second MOTION in Limine for an Order Excluding Evidence Re: Conversations filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

66

Third MOTION in Limine for an Order Excluding Evidence Re: Allegations of Sexual Harassment filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

67

Fourth MOTION in Limine for an Order Excluding Evidence Re: Pelletier Claims of Sexual Harassment filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

68

NOTICE of Proof of Special Damages by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller.(prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

69

Proposed Voir Dire by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

70

Proposed Jury Instructions by plaintiffs/intervenors Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

71

Pretrial Material filed by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

72

Proposed Jury Instructions by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

73

Proposed Voir Dire by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

86

Pretrial Material filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. (mm, ) (Entered: 05/23/2005)

May 6, 2005

May 6, 2005

75

STIPULATED Protective Order re [74] Assented to MOTION Approval for Protective Order by US Equal Employment Opportunity Commission, Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Mary Adams, Amy Schlemmer, Frederick J. Fuller, Judi Donahue, Donna MacKinnon-Taylor.(prk, ) (Entered: 05/17/2005)

May 16, 2005

May 16, 2005

ENDORSED ORDER granting [74] Motion for Protective Order. Text of Order: Motion granted. So Ordered by Judge Paul Barbadoro.(ja, ) (Entered: 05/23/2005)

May 17, 2005

May 17, 2005

ENDORSED ORDER granting [75] Stipulation,. Text of Order: Motion granted So Ordered by Judge Paul Barbadoro. (mm, ) (Entered: 05/19/2005)

May 18, 2005

May 18, 2005

76

Objection to [63] Proposed Jury Instructions, [64] MOTION in Limine to for an Order Excluding Evidence Re: Bad Acts, Crimes, [65] MOTION in Limine to for an Order Excluding Evidence Re: Conversations, [66] MOTION in Limine to for an Order Excluding Evidence Re: Allegations of Sexual Harassment, [67] MOTION in Limine to for an Order Excluding Evidence Re: Pelletier Claims of Sexual Harassment, [62] Pretrial Material filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. (mm, ) (Entered: 05/20/2005)

May 19, 2005

May 19, 2005

77

Objection to [63] Proposed Jury Instructions filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

78

Objection to [62] Pretrial Material (exhibits) filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

79

OBJECTION to [64] MOTION in Limine to for an Order Excluding Evidence Re: Bad Acts, Crimes, served on 5/19/05, filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

80

OBJECTION to [65] MOTION in Limine to for an Order Excluding Evidence Re: Conversations, served on 5/19/05, filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

Case Details

State / Territory: New Hampshire

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: 2008

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: No

Class Action Outcome: Not sought

Defendants

Frederick J. Fuller, Private Entity/Person

Fuller's Convenience Store, Inc., Private Entity/Person

Fred Fuller Oil Company, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 780000

Order Duration: 2005 - 2008

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Reporting

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit