Case: EEOC v. Benni's, LLC (d/b/a Bennigan's)

3:06-cv-01287 | U.S. District Court for the District of Connecticut

Filed Date: Aug. 17, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On August 17, 2006, the Boston Area Office and New York District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiffs sued Benni's LLC (d/b/a Bennigan's) under Title VII of the Civil Rights Act. The EEOC, representing a female employee at Benni's and an intervening female employee, asked the court for a permanent injunction enjoining the defendant from engaging in employment practices that discriminated on the basis of sex, and for mon…

On August 17, 2006, the Boston Area Office and New York District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiffs sued Benni's LLC (d/b/a Bennigan's) under Title VII of the Civil Rights Act. The EEOC, representing a female employee at Benni's and an intervening female employee, asked the court for a permanent injunction enjoining the defendant from engaging in employment practices that discriminated on the basis of sex, and for monetary relief for the two employees. The EEOC claimed that Benni's subjected the complaining parties to a sexually hostile work environment, leading to one employee's constructive discharge.

On March 28, 2008, Judge Warren W. Eginton granted a motion for default judgment. This judgment adopted a recommended ruling for default judgment because Benni's had not obtained counsel. On September 18, 2008 Judge Warren ordered default judgment damages and attorneys fees. This ruling included injunctive relief in the form of postings, anti-discriminatory policies, trainings, and monitoring. It also required the defendant to pay a total of $190,000 to the two employees and to pay their attorney fees. The injunction was scheduled to last for five years; there is nothing more on the docket since, so presumably the matter ended finally in 2013.

Summary Authors

David Friedman (5/30/2008)

People


Judge(s)

Eginton, Warren William (Connecticut)

Fitzsimmons, Holly B. (Connecticut)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Penzel, Markus Landon (Massachusetts)

Attorneys(s) for Defendant

Carta, Mark R. (Connecticut)

Demoura, Ana L. (Connecticut)

Diette, Meredith G. (Connecticut)

Duhl, Glenn A. (Connecticut)

Horner, Stephen P. (Connecticut)

Sherman, Kathryn A. (Connecticut)

Judge(s)

Eginton, Warren William (Connecticut)

Fitzsimmons, Holly B. (Connecticut)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Penzel, Markus Landon (Massachusetts)

Attorneys(s) for Defendant

Carta, Mark R. (Connecticut)

Demoura, Ana L. (Connecticut)

Diette, Meredith G. (Connecticut)

Duhl, Glenn A. (Connecticut)

Horner, Stephen P. (Connecticut)

Sherman, Kathryn A. (Connecticut)

Documents in the Clearinghouse

Document

3:06-cv-01287

Docket [PACER]

EEOC v. Benni's, LLC

March 28, 2008

March 28, 2008

Docket
1

3:06-cv-01287

Complaint

EEOC v. Benni's, LLC

Aug. 17, 2006

Aug. 17, 2006

Complaint
18

3:06-cv-01287

Complaint of Plaintiff-Intervenor

EEOC v. Benni's, LLC

March 1, 2007

March 1, 2007

Complaint
53

3:06-cv-01287

Recommended Ruling on Motion for Default Judgment [adopted 3/28/2008]

EEOC v. Benni's LLC

March 3, 2008

March 3, 2008

Order/Opinion
60

3:06-cv-01287

Recommended Ruling on Motion for Default Judgment

EEOC v. Benni's

Aug. 22, 2008

Aug. 22, 2008

Magistrate Report/Recommendation

Resources

Docket

Last updated Aug. 11, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Benni's LLC , filed by Equal Employment Opportunity Comm.(D'Andrea, S.) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

2

Order on Pretrial Deadlines: Motions to Dismiss Due on 11/17/2006. Amended Pleadings Due by 10/16/2006. Discovery Due by 2/16/2007. Dispositive Motions Due by 3/18/2007. Signed by Clerk on 8/17/2006. (D'Andrea, S.) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

3

ELECTRONIC FILING ORDER signed by Judge Warren W. Eginton on 8/17/2006. (D'Andrea, S.) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

Summons Issued as to Benni's LLC. (D'Andrea, S.) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

5

NOTICE of Appearance by Glenn A. Duhl on behalf of Benni's LLC (Duhl, Glenn) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

6

NOTICE of Appearance by Ana I. DeMoura on behalf of Benni's LLC (DeMoura, Ana) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

7

First MOTION for Extension of Time until November 26, 2006 to file an answer or motion addressed to the Complaint. by Benni's LLC. (DeMoura, Ana) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

8

ORDER granting 7 Motion for Extension of Time until November 26, 2006 to file an answer or motion addressed to the 1 Complaint . Signed by Judge Warren W. Eginton on 10/23/06. (O'Brasky, N.) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

Answer Deadline updated for Benni's LLC to 11/26/2006. (D'Andrea, S.) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

9

ANSWER to Complaint with Affirmative Defenses by Benni's LLC.(DeMoura, Ana) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

10

Corporate Disclosure Statement by Benni's LLC. (DeMoura, Ana) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

11

Joint REPORT of Rule 26(f) Planning Meeting. (DeMoura, Ana) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

Set Deadlines: Discovery Due by 9/30/2007, Dispositive Motions Due by 11/2/2007. (D'Andrea, S.) (Entered: 12/13/2006)

Dec. 12, 2006

Dec. 12, 2006

12

ORDER re 11 Report of Rule 26(f) Planning Meeting. Discovery shall be completed by 9/30/07. Dispositive motions shall be filed by 11/2/07. Signed by Judge Warren W. Eginton on 12/13/06. (O'Brasky, N.) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

13

ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for Settlement Conference. Signed by Judge Warren W. Eginton on 12/13/2006. (D'Andrea, S.) (Entered: 12/14/2006)

Dec. 13, 2006

Dec. 13, 2006

14

MOTION to Intervene as of Right by Stefanie Horowitz.Responses due by 1/11/2007 (Attachments: # 1 Exhibit)(Carta, Mark) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

15

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference set for 4/4/2007 10:00 AM in Chambers Room 266 − Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. PLEASE READ AND COMPLY WITH THE ATTACHED SETTLEMENT CONFERENCE INSTRUCTIONS (Kolesnikoff, D.) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

16

ORDER granting 14 Motion to Intervene. Signed by Judge Warren W. Eginton on 2/28/07. (O'Brasky, N.) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

17

ENTERED IN ERROR: Intervenor COMPLAINT, filed by Stefanie Horowitz.(Carta, Mark) Modified on 3/2/2007 − Refer to Document #14 for motion (D'Andrea, S.). (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

18

Intervenor COMPLAINT, filed by Stefanie Horowitz.(Carta, Mark) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

19

NOTICE of Appearance by Stephen P. Horner on behalf of Stefanie Horowitz (Horner, Stephen) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

20

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference scheduled for 4/4/07 rescheduled to 4/17/2007 10:00 AM in Chambers Room 266 − Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. THE SETTLEMENT CONFERENCE INSTRUCTIONS PREVIOUSLY ISSUED REMAIN IN EFFECT. (Larsen, M.) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

21

NOTICE of Appearance by Meredith G. Diette on behalf of Benni's LLC (Diette, Meredith) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

22

ANSWER to Intervenor Complaint by Benni's LLC.(Diette, Meredith) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

23

First MOTION for Extension of Time until May 9, 2007 to Respond to Discovery served by the EEOC by Benni's LLC. (Diette, Meredith) (Entered: 04/09/2007)

April 9, 2007

April 9, 2007

24

ORDER granting 23 Motion for Extension of Time until May 9, 2007 to Respond to Discovery. Signed by Judge Warren W. Eginton on 4/10/07. (O'Brasky, N.) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

25

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference RESCHEDULED from 4/17/07 to 6/26/2007 10:00 AM in Chambers Room 266 − Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. THE SETTLEMENT CONFERENCE INSTRUCTIONS PREVIOUSLY ISSUED REMAIN IN EFFECT. (Larsen, M.) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

26

Minute Entry for proceedings held before Judge Holly B. Fitzsimmons : Settlement Conference held on 6/26/2007. Case not settled. Second settlement conference to be scheduled after discovery is completed in September. Total Time: 2 hours and 20 minutes (Larsen, M.) (Entered: 07/03/2007)

June 26, 2007

June 26, 2007

27

MOTION for Meredith G. Diette to Withdraw as Attorney by Benni's LLC. (Diette, Meredith) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

28

MOTION for Glenn A. Duhl to Withdraw as Attorney by Benni's LLC. (Duhl, Glenn) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

29

MOTION for Ana Isabel DeMoura to Withdraw as Attorney by Benni's LLC. (DeMoura, Ana) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

30

ORDER granting 27 Motion to Withdraw as Attorney. Meredith G. Diette terminated; granting 28 Motion to Withdraw as Attorney. Attorney Glenn A. Duhl terminated; granting 29 Motion to Withdraw as Attorney. Ana I. DeMoura terminated. Signed by Judge Warren W. Eginton on 9/10/07. (O'Brasky, N.) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

31

Emergency MOTION to Stay Discovery by Equal Employment Opportunity Comm.Responses due by 10/3/2007 (Penzel, Markus) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

32

MOTION for Default Entry 55(a) as to Defendant, Benni's LLC by Equal Employment Opportunity Comm. (Penzel, Markus) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

33

ORDER granting 31 Motion to Stay discovery. Signed by Judge Warren W. Eginton on 9/14/07. (Welles, T.) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

34

AFFIDAVIT of Service for 32 Motion for Default served on Petula Sikiotis, Defendant's Agent on September 17, 2007, filed by Equal Employment Opportunity Comm. (Penzel, Markus) Modified on 9/24/2007 to create a link to doc #32 (D'Andrea, S.) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

35

ORDER granting 32 Motion for Default Entry 55(a). Motion for default judgment due by 10/22/2007. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed by the Clerk pursuant to Rule 41(b) FRCP.. Signed by Judge Warren W. Eginton on 9/20/07. (O'Brasky, N.) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

36

NOTICE of Appearance by Kathryn A. O'Brien on behalf of Stefanie Horowitz (O'Brien, Kathryn) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

37

MOTION for Entry of Judgment under Rule 54(b) by Stefanie Horowitz. (Attachments: # 1 Affidavit)(O'Brien, Kathryn) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

39

AFFIDAVIT of Service for Motion for Default Judgment, Memo in Support, and Proposed Order served on Petula Sikiotis, agent for Defendant on 10/23/2007, filed by Equal Employment Opportunity Comm. (Penzel, Markus) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

40

AFFIDAVIT of Service for Motion for Default Judgment, Memo in Support, and Proposed Order served on Constantine Gianopolous, authorized agent, through Petula Sikiotis, agent on 10/23/2007, filed by Equal Employment Opportunity Comm. (Penzel, Markus) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

41

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.COUNSEL OUTSIDE OF FAIRFIELD COUNTY SHOULD CONTACT CHAMBERS REGARDING PARTICIPATION BY CONFERENCE CALL (203) 579−5819. Status Conference set for 1/9/2008 10:00 AM in Chambers Room 335, 915 Lafayette Blvd., Bridgeport, CT before Judge Warren W. Eginton (Krajcik, R.) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

42

ORDER granting 38 Motion for Default Judgment. Signed by Judge Warren W. Eginton on 1/17/08. (O'Brasky, N.) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

43

ORDER granting 37 Motion for Entry of Judgment under Rule 54(b). Construing this as a Motion for Entry of Judgment under Rule 55(a), the Court orders that Motion for Default Judgment be filed by 2/15/08. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed by the Clerk pursuant to FRCP Rule 41(b). Signed by Judge Warren W. Eginton on 1/17/08. (O'Brasky, N.) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

44

ORDER vacating as entered in error 43 Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b). This case will be referred to the magistrate for a hearing on damages. Signed by Judge Warren W. Eginton on 1/18/08. (Welles, T.) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

45

ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for Hearing on Damages. Signed by Judge Warren W. Eginton on 1/18/08. (Cody, C.) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

46

MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's by Stefanie Horowitz. (O'Brien, Kathryn) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

47

Memorandum in Support re 46 MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's filed by Stefanie Horowitz. (O'Brien, Kathryn) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

48

AFFIDAVIT re 46 MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's Signed By Stefanie Horowitz filed by Stefanie Horowitz. (O'Brien, Kathryn) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

49

PROPOSED ORDER re 46 MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's by Stefanie Horowitz. (O'Brien, Kathryn) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

50

ORDER REFERRING MOTION: 46 MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's filed by Stefanie Horowitz. Signed by Judge Warren W. Eginton on 2/15/08. Motions referred to Holly B. Fitzsimmons(Simpson, T.) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

51

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 3/3/2008 02:00 PM before Judge Holly B. Fitzsimmons to schedule Hearing on Damages. Counsel for the plaintiff is requested to initiate this conference call. Once all parties are on the line, please contact Chambers at (203)579−5640. (Larsen, M.) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

52

Supplemental CERTIFICATE OF SERVICE by Stefanie Horowitz re 48 Affidavit, 47 Memorandum in Support of Motion, 46 MOTION for Default Judgment as to Benni's, LLC d/b/a Bennigan's, 49 Proposed Order (O'Brien, Kathryn) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

54

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Hearing in Damages set for 4/23/2008 10:30 AM in Courtroom Four−Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. (Larsen, M.) (Entered: 03/04/2008)

March 3, 2008

March 3, 2008

55

ORDER granting 46 Motion for Default Judgment; adopting 53 Recommended Ruling. Signed by Judge Warren W. Eginton on 3/28/08. (Cepler, C.) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

56

ORAL MOTION for Attorney Fees by Stefanie Horowitz.Responses due by 5/14/2008 (Larsen, M.) (Entered: 04/28/2008)

April 23, 2008

April 23, 2008

57

Minute Entry. Proceedings held before Judge Holly B. Fitzsimmons: Evidentiary Hearing − Hearing in Damages held on 4/23/2008, taking under advisement 56 Motion for Attorney Fees. Total Time: 1 hour and 19 minutes(Court Reporter R. Payton) (Larsen, M.) (Entered: 04/28/2008)

April 23, 2008

April 23, 2008

58

Marked Exhibit List by Equal Employment Opportunity Comm, Stefanie Horowitz. (Larsen, M.) (Entered: 04/28/2008)

April 23, 2008

April 23, 2008

59

Marked Witness List by Equal Employment Opportunity Comm, Stefanie Horowitz. (Larsen, M.) (Entered: 04/28/2008)

April 23, 2008

April 23, 2008

60

RECOMMENDED RULING on Motion for Default Judgment Damages and granting 56 MOTION for Attorney Fees filed by Stefanie Horowitz. Objections due by 9/9/2008. Signed by Judge Holly B. Fitzsimmons on 8/22/08. (Milligan, C.) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

61

ORDER granting 56 Motion for Attorney Fees; adopting 60 Recommended Ruling. The Clerk is instructed to close this case. Signed by Judge Warren W. Eginton on 9/18/08. (Cepler, C.) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

62

SUPPLEMENTAL ORDER re 60 RECOMMENDED RULING granting 56 MOTION for Attorney Fees filed by Stefanie Horowitz. Defendant is ordered to pay plaintiff−intervenor Stephanie Horowitz compensatory damages in the amount of $75,000, punitive damages in the amount $50,000, and attorneys fees in the amount of $41,524.50 and costs in the amount of $399.54. Defendant is also ordered to pay claimant Michelle Pagano compensatory damages in the amount of $40,000 and punitive damages in the amount of $25,000. Finally, defendant is ordered to undertake injunctive and non−monetary relief as previously ordered for a period of five years from the date of this Supplemental Order. The Clerk is instructed to close this case. Signed by Judge Warren W. Eginton on 9/23/08. (Cepler, C.) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

63

JUDGMENT is entered in the amount of $166,924.04 as to Stephanie Horowitz and in the amount of $65,000.00 as to claimant Michele Pagano against defendant Benni's d/b/a Bennigan's. Signed by Clerk on 9/26/2008. (D'Andrea, S.) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

Case Details

State / Territory: Connecticut

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 17, 2006

Closing Date: 2013

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

Benni's LLC (Stamford, Connecticut), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 231,924.04

Order Duration: 2008 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Training

Issues

General:

Disparate Treatment

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