Case: EEOC v. DINE INC (d/b/a SILK CITY DINER)

2:04-cv-04523 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 27, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Philadelphia Office of the EEOC filed this action in the U.S. District Court for the Eastern District of Pennsylvania. The Defendants were Dine, Inc., doing business as Silk City Diner, and two other individuals. The controversy involved alleged harassment, discipline, re-assignment, and retaliation against a female employee based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in May 2005. The complainant intervened in the case. The consent decree required the defendant to: pay the complainant $22,5000, post notice, refrain from discrimination and retaliation, develop an anti-discrimination including prompt investigation of complaints, and furnish written compliance reports to the EEOC.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (8/12/2007)

Documents in the Clearinghouse

Document

2:04-cv-04523

Docket (PACER)

EEOC v. Dine Inc

May 17, 2005

May 17, 2005

Docket
10

2:04-cv-04523

Plaintiff Intervenor's First Amended Complaint

EEOC v. Dine Inc

Dec. 21, 2004

Dec. 21, 2004

Complaint
17

2:04-cv-04523

Consent Decree

EEOC v. Dine Inc

May 12, 2005

May 12, 2005

Settlement Agreement

Resources

Docket

Last updated Aug. 14, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DINE INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

Summons Issued; 1 Mailed to counsel 9/27/04 as to DINE INC. (tj, ) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

2

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Tom Fredericks served Summons and Complaint upon George Barakos on behalf of DINE INC. by Personal Service. DINE INC. served on 10/22/2004, answer due 11/12/2004. (wgc, ) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

3

ANSWER to Complaint with Affirmative Defense, Jury Demand and Certificate of Service by DINE INC.(CARFLEY, STEPHANIE) Modified on 11/15/2004 (fh, ). (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

4

MOTION FOR LEAVE TO INTERVENE FILED BY MOVANT JAMIE MOHN, CERTIFICATE OF SERVICE. (jpd). (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

5

NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 12/3/2004 AT 3:00 PM IN THE UNITED STATES DISTRICT COURT STATION IN READING LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET IN THE 4TH FLOOR COURTROOM BEFORE HONORABLE LAWRENCE F. STENGEL. (pac,) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

7

SCHEDULING ORDER: ALL DISCOVERY DUE BY 5/3/2005. ALL DISPOSITIVE MOTIONS DUE BY 6/4/2005, RESPONSES TO DISPOSITIVE MOTIONS SHALL BE FILED BY 6/20/05. A SETTLEMENT CONFERENCE SHALL BE HELD ON 1/28/05 AT 9:30AM IN READING. ( SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04. ) 12/6/04 ENTERED AND COPIES MAILED AND E-MAILED.(gn, ) Modified on 12/14/2004 (gn, ). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

Set/Reset Hearings: SETTLEMENT CONFERENCE SET FOR 1/28/2005 09:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL. (gn, ) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

8

Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Initial Pretrial Conference held on 12/3/04 (wgc, ) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

Set/Reset Scheduling Order Deadlines: DISCOVERY DUE BY 5/3/2005. MOTIONS DUE BY 6/4/2005. (gn, ) (Entered: 12/14/2004)

Dec. 6, 2004

Dec. 6, 2004

9

NOTICE of Rescheduled Hearing: SETTLEMENT CONFERENCE RESCHEDULED FOR 2/18/2005 AT 9:30 AM IN THE UNITED STATES DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET IN THE 4TH FLOOR COURTROOM BEFORE HONORABLE LAWRENCE F. STENGEL. (pac,) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

10

FIRST AMENDED COMPLAINT AGAINST GEORGE BARAKOS, NICHOLAS BARAKOS, DINE INC., filed by INTERVENOR PLAINTIFF JAMIE MOHN, CERTIFICATE OF SERVICE.(jpd) (Entered: 12/22/2004)

Dec. 21, 2004

Dec. 21, 2004

11

Defendants' ANSWER to Amended Complaint of Plaintiff Intervener by GEORGE BARAKOS, NICHOLAS BARAKOS, DINE INC..(CARFLEY, STEPHANIE) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

12

Defendants' ANSWER to Amended Complaint of Plaintiff Intervener by GEORGE BARAKOS, NICHOLAS BARAKOS, DINE INC. with Affirmative Defenses; Jury Demand, Certificate of Service. (CARFLEY, STEPHANIE) Modified on 1/12/2005 (np). (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

13

NOTICE of Hearing: SETTLEMENT CONFERENCE RESCHEFDULED FOR 4/15/2005 AT 11:30 AM IN THE UNITED STATES DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET, IN THE 4TH FLOOR COURTROOM BEFORE HONORABLE LAWRENCE F. STENGEL. (pac,) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

14

NOTICE of Appearance by DEBRA A. JENSEN on behalf of plff-intervenor JAMIE MOHN (gn, ) (Entered: 03/07/2005)

March 4, 2005

March 4, 2005

15

NOTICE of Appearance by STEPHANIE MARINO on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION with Certificate of Service (MARINO, STEPHANIE) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

17

CONSENT DECREE. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/12/05. 5/13/05 ENTERED AND COPIES MAILED. (jpd) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

18

STIPULATION OF DISMISSAL PLAINTIFF-INTERVENOR JAMIE MOHN, PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, DEFENDANTS GEORGE BARAKOS, NICHOLAS BARAKOS, DINE INC. AS TO DEFENDANTS GEORGE BARAKOS, NICHOLAS BARAKOS, DINE INC.(jpd) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2004

Closing Date: 2007

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

Nicholas Barakos (Stevens, PA), Private Entity/Person

George Barakos (Stevens, PA), Private Entity/Person

Dine, Inc. (Stevens, PA), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 22500

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit