Case: EEOC v. MBNA American Bank NA

1:04-cv-00425 | U.S. District Court for the District of Delaware

Filed Date: June 23, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The EEOC filed this suit on June 23, 2004 in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant MBNA America Bank NA, a subsidiary of MBNA Corporation, violated Title VII of the Civil Rights Act when it subjected the complainant, a native of India, to a hostile work environment and discharged him in retaliation. The defendant filed a motion for summary judgment, but the motion was denied by the court on September 29, 2006. E.E.O.C. v. MBNA America Bank, N.…

The EEOC filed this suit on June 23, 2004 in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant MBNA America Bank NA, a subsidiary of MBNA Corporation, violated Title VII of the Civil Rights Act when it subjected the complainant, a native of India, to a hostile work environment and discharged him in retaliation. The defendant filed a motion for summary judgment, but the motion was denied by the court on September 29, 2006. E.E.O.C. v. MBNA America Bank, N.A., 2006 WL 2801879 (D.Del.).

On February 7, 2007 the parties notified the court of settlement. A proposed consent decree was filed on March 16, 2007 and the court entered it into the record on March 27, 2007. The defendant agreed to pay the complainant $147,000, provide training for supervisory employees in complainant's former department, and post notice of EEO rights during the 36 month decree. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Jason Chester (8/22/2007)

Documents in the Clearinghouse

Document

1:04-cv-00425

Docket [PACER]

March 27, 2007

March 27, 2007

Docket
41

1:04-cv-00425

Memorandum Opinion

2006 WL 2801879, 2006 U.S.Dist.LEXIS 71005

Sept. 29, 2006

Sept. 29, 2006

Order/Opinion
47

1:04-cv-00425

Consent Decree

March 27, 2007

March 27, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4221262/equal-employment-v-mbna-america-bank-na/

Last updated Aug. 10, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Magistrate Consent Notice to Pltf. (bkb)

June 23, 2004

June 23, 2004

PACER
2

CASE assigned to Judge Sue L. Robinson . Notice to all parties. (rjb)

June 30, 2004

June 30, 2004

PACER
3

Letter to Clerk from A. Davis, U.S. Equal Employment Opportunity Commission, enclosing Affidavit of Service (fmt)

July 8, 2004

July 8, 2004

PACER
4

RETURN OF SERVICE executed as to MBNA America Bank NA 6/30/04 Answer due on 7/20/04 for MBNA America Bank NA (fmt)

July 8, 2004

July 8, 2004

PACER
5

ANSWER to Complaint by MBNA America Bank NA (Attorney Sheldon N. Sandler),; jury demand (fmt)

Aug. 2, 2004

Aug. 2, 2004

PACER
6

ORDER, set Tele-Scheduling Conference for 9:00 9/20/04 ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rld)

Aug. 26, 2004

Aug. 26, 2004

PACER
7

NOTICE of Filing by Equal Employment; attaching agreed upon Proposed Scheduling Order (fmt)

Sept. 17, 2004

Sept. 17, 2004

PACER
8

MOTION to Intervene by Justus D Eapen Answer Brief due 10/1/04 re: [8-1] motion (fmt)

Sept. 17, 2004

Sept. 17, 2004

PACER
9

NOTICE of Filing by Equal Employment; on behalf of all parties submitting attached agreed upon scheduling order (fmt)

Sept. 20, 2004

Sept. 20, 2004

PACER
10

ORDER, set Scheduling Order Deadlines: joining of parties, amended pleadings on 10/20/04 Discovery deadline on 4/30/05 Daubert motions due 7/1/05; Deadline for filing dispositive motions by 6/15/05, and set Status Conference for 4:30 9/13/05 matter referred to Mag. Judge Thynge for purpose of exploring settlement ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rld) Modified on 12/20/2004

Sept. 22, 2004

Sept. 22, 2004

PACER
11

ORDER, set Telephone Conference for 9:30 10/13/04 ( signed by Judge Mary P. Thynge ) copies to: cnsl (fmt)

Sept. 23, 2004

Sept. 23, 2004

PACER
12

CERTIFICATE OF SERVICE by MBNA America Bank NA re 1st req for prod of docs and 1st set of interrogs (fmt)

Sept. 23, 2004

Sept. 23, 2004

PACER
13

MOTION by Equal Employment with Proposed Order for Terrence R. Cook to Appear Pro Hac Vice (fmt)

Sept. 29, 2004

Sept. 29, 2004

PACER
14

ORDER, set Settlement Conference for 10:00 4/27/05 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rld)

Oct. 13, 2004

Oct. 13, 2004

PACER
15

CERTIFICATE OF SERVICE by Equal Employment re 1st req. for answers to interrogs and 1st req. for prod. of docs. (fmt)

Oct. 13, 2004

Oct. 13, 2004

PACER
16

CERTIFICATE OF SERVICE by MBNA America Bank NA re intial disclosures (fmt)

Nov. 12, 2004

Nov. 12, 2004

PACER
17

CERTIFICATE OF SERVICE by Equal Employment re objs and responses to 1st req. for answers to interrogs, objs and responses to 1st set of docs. requests, initial disclosure docs, privilege log and certificate of service (fmt)

Nov. 29, 2004

Nov. 29, 2004

PACER
18

CERTIFICATE OF SERVICE by MBNA America Bank NA re answers to pltf's 1st set of interrogs (fmt)

Jan. 5, 2005

Jan. 5, 2005

PACER
19

CERTIFICATE OF SERVICE by MBNA America Bank NA re responses to pltf's 1st req for prod of docs (fmt)

Jan. 5, 2005

Jan. 5, 2005

PACER
20

MOTION to Withdraw the motion to intervene, D.I. 8. - filed by Justus D Eapen. (rld, )

Feb. 16, 2005

Feb. 16, 2005

PACER
21

NOTICE to Take Deposition of Justus D. Eapen on April 4, 2005 by MBNA America Bank NA.(Sandler, Sheldon)

March 22, 2005

March 22, 2005

RECAP
22

Joint MOTION to Amend/Correct Scheduling Order - filed by Equal Employment Opportunity Commission, MBNA America Bank NA, Justus D Eapen. (Contreras, Rudolph)

April 8, 2005

April 8, 2005

RECAP
23

ORDER Setting Mediation Conferences: Mediation Conference rescheduled for 10/11/2005 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 4/27/2005. (cab, )

April 27, 2005

April 27, 2005

RECAP
24

NOTICE OF SERVICE of Defendant's First Request for Admissions, Defendant's Second Set of Interrogatories, and Defendant's Second Request for Production by MBNA America Bank NA.(Sandler, Sheldon)

June 30, 2005

June 30, 2005

RECAP
25

NOTICE of Service by Equal Employment Opportunity Commission (Contreras, Rudolph)

July 6, 2005

July 6, 2005

RECAP
26

Consent MOTION to Amend/Correct Scheduling Order - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph)

July 28, 2005

July 28, 2005

RECAP
27

ORDER cancelling the 10/11/05 mediation conference. Signed by Judge Mary Pat Thynge on 10/12/05. (kjk, )

Oct. 12, 2005

Oct. 12, 2005

RECAP
28

MOTION for Summary Judgment - filed by MBNA America Bank NA. (Sandler, Sheldon)

Nov. 15, 2005

Nov. 15, 2005

RECAP
29

OPENING BRIEF in Support re [28] MOTION for Summary Judgment filed by MBNA America Bank NA.Answering Brief/Response due date per Local Rules is 11/30/2005. (Attachments: # (1) Unreported Opinions - Part 1# (2) Unreported Opinions Part 2# (3) Certificate of Service)(Sandler, Sheldon)

1 Unreported Opinions - Part 1

View on RECAP

2 Unreported Opinions Part 2

View on RECAP

3 Certificate of Service

View on RECAP

Nov. 15, 2005

Nov. 15, 2005

RECAP
30

APPENDIX re [29] Opening Brief in Support, of Motion for Summary Judgment by MBNA America Bank NA. (Attachments: # (1) Appendix - Part 2# (2) Appendix - Part 3# (3) Appendix - Part 4# (4) Appendix - Part 5# (5) Appendix - Part 6)(Sandler, Sheldon)

1 Appendix - Part 2

View on RECAP

2 Appendix - Part 3

View on RECAP

3 Appendix - Part 4

View on RECAP

4 Appendix - Part 5

View on RECAP

5 Appendix - Part 6

View on RECAP

Nov. 15, 2005

Nov. 15, 2005

RECAP
31

STIPULATION TO EXTEND TIME to Oppose Motion for Summary Judgment to December 12, 2005 - filed by Equal Employment Opportunity Commission, MBNA America Bank NA. (Contreras, Rudolph)

Nov. 29, 2005

Nov. 29, 2005

RECAP
32

MOTION for Extension of Time to File Response/Reply as to [28] MOTION for Summary Judgment, [29] Opening Brief in Support, - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph)

Dec. 12, 2005

Dec. 12, 2005

RECAP
33

PROPOSED ORDER Extension of Time re [32] MOTION for Extension of Time to File Response/Reply as to [28] MOTION for Summary Judgment, [29] Opening Brief in Support, by Equal Employment Opportunity Commission. (Contreras, Rudolph)

Dec. 13, 2005

Dec. 13, 2005

RECAP
34

ANSWERING BRIEF in Opposition re [28] MOTION for Summary Judgment filed by Equal Employment Opportunity Commission.Reply Brief due date per Local Rules is 12/21/2005. (Contreras, Rudolph)

Dec. 14, 2005

Dec. 14, 2005

RECAP
35

MOTION for Extension of Time to File Response/Reply as to [34] Answering Brief in Opposition - filed by MBNA America Bank NA. (Attachments: # (1))(Sandler, Sheldon)

1 Proposed Order

View on RECAP

Dec. 19, 2005

Dec. 19, 2005

RECAP
36

APPENDIX re [34] Answering Brief in Opposition by Equal Employment Opportunity Commission. (Attachments: # (1))(Contreras, Rudolph) Additional attachment(s) added on 12/19/2005 (fmt, ). Modified on 12/19/2005 (fmt, ).

1 Certificate of Service

View on RECAP

2 Appendix Part 2

View on RECAP

3 Appendix Part 3

View on RECAP

4 Appendix Part 4

View on RECAP

Dec. 19, 2005

Dec. 19, 2005

RECAP
37

REPLY BRIEF re [28] MOTION for Summary Judgment filed by MBNA America Bank NA. (Sandler, Sheldon) Modified on 1/10/2006 (fmt, ).

Jan. 9, 2006

Jan. 9, 2006

RECAP
38

APPENDIX re [37] Reply Brief in Support of Its Motion for Summary Judgment by MBNA America Bank NA. (Attachments: # (1) Appendix Part 2# (2) Appendix Part 3# (3) Appendix Part 4# (4) Appendix Part 5# (5) Appendix Part 6)(Sandler, Sheldon)

1 Appendix Part 2

View on RECAP

2 Appendix Part 3

View on RECAP

3 Appendix Part 4

View on RECAP

4 Appendix Part 5

View on RECAP

5 Appendix Part 6

View on RECAP

Jan. 9, 2006

Jan. 9, 2006

RECAP
39

REQUEST for Oral Argument by Equal Employment Opportunity Commission re [28] MOTION for Summary Judgment. (Contreras, Rudolph)

Jan. 12, 2006

Jan. 12, 2006

RECAP
40

NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Patricia C. Hannigan. Attorney Rudolph Contreras terminated. (Hannigan, Patricia)

March 30, 2006

March 30, 2006

RECAP
41

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 9/29/06. (rld, )

Sept. 29, 2006

Sept. 29, 2006

RECAP
42

ORDER Motions terminated: DENYING [28] MOTION for Summary Judgment filed by MBNA America Bank NA; Setting Hearings Telephone Conference set for 10/13/2006 09:00 AM before Honorable Sue L. Robinson. Pltf.'s cnsl. to initiate this call, to schedule trial in this matter. Signed by Judge Sue L. Robinson on 9/29/06. (rld, )

Sept. 29, 2006

Sept. 29, 2006

RECAP
43

Letter to Honorable Sue L. Robinson from Patricia C. Hannigan regarding TeleConference. (Hannigan, Patricia)

Oct. 13, 2006

Oct. 13, 2006

RECAP
44

Amended SCHEDULING ORDER: Pretrial Conference set for 2/13/2007 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson.,Jury Trial set for 2/26/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 11/14/06. (rld)

Nov. 14, 2006

Nov. 14, 2006

RECAP
45

Letter to The Honorable Sue Robinson from Sheldon N. Sandler regarding Settlement of Case - re [44] Scheduling Order,. (Sandler, Sheldon)

Feb. 7, 2007

Feb. 7, 2007

RECAP
46

PROPOSED CONSENT JUDGMENT (Consent Decree) by Equal Employment Opportunity Commission. (Hannigan, Patricia)

March 16, 2007

March 16, 2007

RECAP
47

CONSENT JUDGMENT in favor of Equal Employment Opportunity Commission against MBNA America Bank NA in the amount of $147,000.00; court shall retain jurisdiction over this Decree for three years, in order to enforce its provisions, should this become necessary. See Decree for further details. Signed by Judge Sue L. Robinson on 3/27/07. (rld)

March 27, 2007

March 27, 2007

RECAP

Case Details

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 23, 2004

Closing Date: 2010

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

MBNA America Bank NA (Wilmington, DE), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 147000

Order Duration: 2007 - 2010

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian