Case: EEOC v. SPITZER MANAGEMENT, INC.

1:06-cv-02337 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 27, 2006

Closed Date: Sept. 12, 2018

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Case Summary

The Philadelphia District Office of the Equal Employment Opportunity Commission brought this lawsuit against Spitzer Management, Inc., an auto dealership, in September 2006 in the U.S. District Court for the Northern District of Ohio. The case was assigned to Judge Ann Aldrich. The complaint alleged that Spitzer management had created a hostile work environment for employees by harassing a Nigerian complainant, a Korean complainant, and other employees based on their national origin in violation of Title VII (42 U.S.C. § 2000e). The complaint also alleged that Spitzer constructively discharged the Korean employee on the basis of his ethnicity. The EEOC sought injunctive and monetary relief for the complainants.

On June 26, 2008, the EEOC filed another lawsuit against the defendant alleging racial discrimination and retaliation on behalf of a different employee. On September 19, 2008, the parties filed a joint motion with the court asking that the two cases be consolidated for the purpose of discovery and trial.

On February 24, 2009, two of the complaining employees filed motions to intervene. Since neither the plaintiff nor the defendant opposed the motion to intervene, the court granted the motion.

The two intervenors filed an amended complaint on April 12, 2010. This complaint alleged that the defendants discriminated on the basis of race and national origin and retaliated against the intervenor plaintiffs. These plaintiffs, represented by their own private counsel, sought injunctive, monetary, and declaratory relief, claiming violations of Title VII, 42 U.S.C. § 1981 and Ohio Revised Code § 4112 as well as abuse of process. The plaintiffs’ abuse of process claim alleged that the defendants brought lawsuits against these plaintiffs to dissuade them from engaging in protected activity such as opposing illegal discrimination and retaliation.

On May 6, 2010, Judge John R. Adams replaced Judge Aldrich on the case. And then, on October 20, 2010, the court ordered that this lawsuit be consolidated with three other cases, all of which were brought by the EEOC alleging that the defendant's Motor City dealership had engaged in discrimination in violation of Title VII. This case, however, served as the leading case.

On September 7, 2010, the defendant filed separate motions for summary judgment on each claim before the court. Judge Adams granted in part and denied in part the motion. 866 F. Supp. 2d 851. Specifically, he found that there was no evidence: of pervasive harassment against the Yemeni employee; that the Yemeni employee was constructively discharged; that there was no evidence of a causal connection between the Nigerian employee's filing an EEOC charge and his suspension; and that there was no evidence suggesting that the president of the defendant company was involved in any of the plaintiffs' discipline. However, Judge Adams did find that there was sufficient evidence to proceed to trial regarding the severity and pervasiveness of the defendant's conduct toward the Korean employee; the Korean employee's alleged constructive discharge; the employer's alleged failure to exercise reasonable care in preventing the harassment of the Korean employee; and the abuse of process claim.

On January 14, 2013, a jury trial began. During the course of the trial, the plaintiff objected to certain documents presented by the defendants. On January 22, the plaintiff moved for a mistrial and a default judgment against the defendants, alleging the defendants had engaged in 'gamesmanship' through the "last-minute production and misrepresentation regarding the investigatory notes" that had been central to the case. On January 23, the court declared a mistrial. On May 22, 2013, the court denied the plaintiff’s request for default judgment, however, the court awarded attorney fees and costs to the plaintiffs as sanctions against the defendants. 2013 WL 2250757.

The court arrived at this sanction after coming to three conclusions. First, the defendants’ failure to produce the original documents to the plaintiffs during discovery was not an act of negligence. It was intentional. The court arrived at this conclusion when it observed that in less than 24 hours, only after the court demanded the documents, the defendants were able to locate and produce the documents. These documents were documents that the plaintiff requested during discovery. The defendants gave no reasons for withholding the documents.

Second, the defendants’ misconduct deprived the plaintiffs of meaningful discovery, which prevent the plaintiffs from being able to meaningfully prepare for trial. The withheld documents were files that the defendants had on their employees. More specifically, these documents contained information on employee evaluations, hiring and firing information. The court deemed these documents as relevant for discovery and the trial.

And finally, the court declared that the sanction of attorney fees and costs was more appropriate than granting a default judgment. The court reasoned that a default judgment would have constituted a windfall in favor of the plaintiffs. In other words, the judgment would benefit the plaintiffs more than they deserved. To the court, the evidence that the court observed was not strong enough to grant the plaintiffs a default judgment.

The court ordered the following attorney fees and costs for the defendant to pay: $49,000 to the EEOC, $148,920 to one plaintiff, and $115,395 to another (this amount was later adjusted to $130,415).

The parties then began preparing for retrial, with a special master overseeing discovery.

Before the second attempt at a trial, the parties reached a settlement. On September 12, 2013, the court approved the parties’ consent decree. This decree was set to last for five years and the court retained jurisdiction to enforce it. The consent decree had the following terms:

1) the defendants were prohibited from engaging in employment discrimination and retaliation;

2) the defendants had to pay $50,000 to each plaintiff and intervenor;

3) the defendants had to develop anti-discrimination policies, anti-harassment policies, and complaint procedures;

4) the defendants had to provide management accountability concerning discrimination and retaliation;

5) the defendants were required to offer anti-discrimination training;

6) the defendants had to report to the EEOC on any employment discrimination and/or retaliation complaints filed to the defendants; and

7) the defendants had to post a notice of the decree in all their employment establishments and ensure it was visible to all its employees.

There was no further litigation during the span of the consent decree, so the case is presumably closed.

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Summary Authors

Shankar Viswanathan (5/29/2008)

Sean Whetstone (5/29/2018)

Hope Brinn (2/6/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5674449/parties/equal-employment-opportunity-commission-v-spitzer-management-inc/

Judge(s)

Adams, John R. (Ohio)

Aldrich, Ann (Ohio)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Attorney for Defendant

Expert/Monitor/Master/Other

Besser, Matthew D. (Ohio)

Bolek, Cathleen M. (Ohio)

Judge(s)

Adams, John R. (Ohio)

Aldrich, Ann (Ohio)

Hemann, Patricia A. (Ohio)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Mays, Lawrence (Ohio)

McMillan, Solvita A. (Ohio)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Watson, C. Larry (Ohio)

Williams-Alexander, Donna L. (Ohio)

Attorney for Defendant

Cook, D. Christopher (Ohio)

Giardini, Anthony B. (Ohio)

Griffith, Patricia (Georgia)

Scully, William F. Jr. (Ohio)

Expert/Monitor/Master/Other

Besser, Matthew D. (Ohio)

Bolek, Cathleen M. (Ohio)

Cohen, David Rosenblum (Ohio)

Glesius, Amy S. (Ohio)

Lohr, Carole A. (Ohio)

Royer, Christina M. (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:06-cv-02337	Docket [PACER] Equal Employment Opportunity Commission v. Spitzer Management, Inc.	Oct. 3, 2013	Oct. 3, 2013 Docket
1 1:06-cv-02337	Complaint EEOC v. Spitzer Management, Inc.	Sept. 27, 2006	Sept. 27, 2006 Complaint
12 1:06-cv-02337	Amended Complaint and Jury Demand EEOC v. Spitzer Management, Inc.	Aug. 10, 2007	Aug. 10, 2007 Complaint
25 1:06-cv-02337	Memorandum and Order Equal Employment Opportunity Commission v. Spitzer Management, Inc.	Feb. 24, 2009	Feb. 24, 2009 Order/Opinion
28 1:06-cv-02337	Amended Complaint of Plaintiff-Intervenor Equal Employment Opportunity Commission v. Spitzer Management, Inc.	May 8, 2009	May 8, 2009 Complaint
77 1:06-cv-02337	Amended Complaint of Plaintiff-Intervenors Equal Employment Opportunity Commission v. Spitzer Management, Inc.	April 12, 2010	April 12, 2010 Complaint
214 1:06-cv-02337	Memorandum of Opinion and Order EEOC v. Spitzer Management, Inc.	March 30, 2012	March 30, 2012 Order/Opinion 866 F.Supp.2d 851
321 1:06-cv-02337	Order EEOC v. Spitzer Management, Inc.	Jan. 23, 2013	Jan. 23, 2013 Order/Opinion
336 1:06-cv-02337	Order EEOC v. Spitzer Management, Inc.	May 22, 2013	May 22, 2013 Order/Opinion 2013 WL 2250757
353 1:06-cv-02337	Consent Decree EEOC v. Spitzer Management, Inc.	Sept. 12, 2013	Sept. 12, 2013 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5674449/equal-employment-opportunity-commission-v-spitzer-management-inc/

Last updated Aug. 19, 2025, 2:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint with jury demand against Spitzer Management, Inc.dba Spitzer Motor City, Inc. ( Filing fee 350 receipt number EXEMPT.). Filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(McMillan, Solvita) (Entered: 09/27/2006)	Sept. 27, 2006	Sept. 27, 2006 PACER
	Judge Ann Aldrich assigned to case. (C, BA)	Sept. 27, 2006	Sept. 27, 2006 PACER
	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Hemann. (C, BA)	Sept. 27, 2006	Sept. 27, 2006 PACER
2	Magistrate Consent Form issued to counsel. (C, BA) (Entered: 09/27/2006)	Sept. 27, 2006	Sept. 27, 2006 PACER
3	Waiver of Summons by Anythony B. Giardini as attorney for Spitzer Management returned. Waiver mailed on 10/2/06 filed by all plaintiffs (McMillan, Solvita) (Entered: 11/14/2006)	Nov. 14, 2006	Nov. 14, 2006 PACER
4	Answer to Complaint (Related Doc # 1 ) filed by Spitzer Management, Inc.. (Giardini, Anthony) (Entered: 11/30/2006)	Nov. 30, 2006	Nov. 30, 2006 PACER
5	Case Management Conference Scheduling Order with case management conference to be held on 1/19/2007 at 11:30 AM at Chambers 17B before Hon. Ann Aldrich.. Signed by Judge Ann Aldrich on 12/1/06. (Attachments: # 1 Position Statement)(K, V) (Entered: 12/01/2006)	Dec. 1, 2006	Dec. 1, 2006 PACER
6	Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (McMillan, Solvita) (Entered: 01/16/2007)	Jan. 16, 2007	Jan. 16, 2007 PACER
7	Motion to attend Case Management Conference by telephone filed by Spitzer Management, Inc.. (Giardini, Anthony) (Entered: 01/18/2007)	Jan. 18, 2007	Jan. 18, 2007 PACER
	Order [non-document]granting defendants's motion to attend Conference set for 1-19-07 by telephone (Related Doc # 7 ). Signed by Judge Ann Aldrich on 1-19-07.(K,V)	Jan. 19, 2007	Jan. 19, 2007 PACER
8	Minutes of proceedings.Case Management ConferencePlan Order. Conference held on 1-19-07 before Judge Ann Aldrich. Case is on the Complex track. Discovery due by 12/31/2008.,Parties to be Joined and Pleading Amendments due by 6/29/2007,,Dispositive Motions due by 5/1/2009,,Jury Trial set for 9/28/2009 09:00 AM in Courtroom 17B before Hon. Ann Aldrich. (Court Reporter none.) (K,V) (Entered: 01/19/2007)	Jan. 19, 2007	Jan. 19, 2007 PACER
9	Attorney Appearance for Lawrence Mays, Senior Trial Attorney, EEOC by Solvita A. McMillan filed by on behalf of Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/15/2007)	June 15, 2007	June 15, 2007 PACER
10	Motion for leave to File Amended Complaint and Jury Demand, with Memorandum in Support filed by all plaintiffs. (Attachments: # 1 Declaration of Official Custodian of Records# 2 Declaration of Teresa Personen# 3 Amended Complaint and Jury Demand)(Mays, Lawrence) Modified text on 6/28/2007 (C, Br). (Entered: 06/25/2007)	June 25, 2007	June 25, 2007 PACER
11	Notice of Service by Defendant of Discovery on Plaintiff filed by all defendants (Giardini, Anthony) Modified wording of text on 7/10/2007 (C, Br). (Entered: 07/02/2007)	July 2, 2007	July 2, 2007 PACER
	Order [non-document]granting Plaintiff's motion for leave to file amended complaint (Related Doc # 10 ). Judge Ann Aldrich(K,V)	Aug. 10, 2007	Aug. 10, 2007 PACER
12	Amended complaint with jury demand against Spitzer Management, Inc.. Filed by Equal Employment Opportunity Commission. (K,V) Modified docket text on 8/14/2007 (R, N). (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007 PACER
13	Subpoena Returned Executed; served upon James L. Dombrowski by Personal on 11/28/07 filed on behalf of Equal Employment Opportunity Commission (McMillan, Solvita) (Entered: 11/29/2007)	Nov. 29, 2007	Nov. 29, 2007 PACER
	Pursuant to General Order 2008-06, and in order to facilitate the efficient and timely administration of justice, Magistrate Judge Patricia A. Hemann (who retired effective February 29, 2008) is withdrawn and Magistrate Judge Gregory A. White is assigned. Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (K,K)	March 4, 2008	March 4, 2008 PACER
14	Joint Motion to consolidate cases filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/29/2008)	Aug. 29, 2008	Aug. 29, 2008 PACER
	Order [non-document]denying as moot Motion to consolidate cases (Related Doc # 14 ). Judge Ann Aldrich(K,V)	Sept. 3, 2008	Sept. 3, 2008 PACER
15	Joint Motion to consolidate cases 1:06CV2337 and 1:08CV01542 filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 09/19/2008)	Sept. 19, 2008	Sept. 19, 2008 PACER
16	Marginal Entry Order Granting re 15 Joint Motion to consolidate case 1:06CV2337 as the lead case with 1:08cv1326 and 1:08CV01542 filed by Equal Employment Opportunity Commission. Judge Ann Aldrich on 9/22/08. (E,P) Modified text on 9/22/2008 (E,P). (Entered: 09/22/2008)	Sept. 22, 2008	Sept. 22, 2008 PACER
17	Attorney Appearance by Judith A. O'Boyle filed by on behalf of Equal Employment Opportunity Commission. (O'Boyle, Judith) (Entered: 11/14/2008)	Nov. 14, 2008	Nov. 14, 2008 PACER
18	Attorney Appearance by D. Christopher Cook filed by on behalf of all defendants. (Cook, D.) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009 PACER
19	Subpoena Returned Executed; served upon T.J. Maxx Department Store; Serpentini Chevrolet, formerly Royal Chevrolet; Bally Total Fitness; Schwebel Bread; Cracker Barrel by certified mail, return receipt requested on 1/10/09 filed on behalf of all defendants (Cook, D.) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
20	Subpoena Returned Executed; served upon Manpower Personnel Services; Main Street Grill; Holiday Inn Select by certified mail, return receipt requested on 1/12/09 filed on behalf of all defendants (Cook, D.) (Entered: 01/16/2009)	Jan. 16, 2009	Jan. 16, 2009 PACER
21	Subpoena Returned Executed; served upon Vector Marketing; Best Buy; UPS; Brandywine by certified mail, return receipt requested on 1/13/09 filed on behalf of all defendants (Cook, D.) (Entered: 01/16/2009)	Jan. 16, 2009	Jan. 16, 2009 PACER
22	Subpoena Returned Executed; served upon Adecco Personnel Services by certified mail return receipt requested on 01/22/09 filed on behalf of all defendants (Cook, D.) (Entered: 01/28/2009)	Jan. 28, 2009	Jan. 28, 2009 PACER
23	Motion to intervene as a party and Memorandum in Support filed by Dean Okafor and Hakim Nuriddin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-1, # 3 Exhibit 2-2, # 4 Exhibit 2-3, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6-1, # 9 Exhibit 6-2, # 10 Exhibit 7)(Glesius, Amy) Modified filers on 2/2/2009 (B,IE). (Entered: 01/30/2009)	Jan. 30, 2009	Jan. 30, 2009 PACER
24	Attorney Appearance by M. Jean Clickner filed by on behalf of Equal Employment Opportunity Commission. (E,P) (Entered: 02/09/2009)	Feb. 9, 2009	Feb. 9, 2009 PACER
25	Memorandum and Order granting motion to intervene as to parties Dean Okafor and Hakim Nuriddin as intervening plaintiffs (Related Doc # 23 ). Judge Ann Aldrich on 2-24-09.(K,V) (Entered: 02/24/2009)	Feb. 24, 2009	Feb. 24, 2009 PACER
26	Intervenor's complaint, filed by Dean Okafor, Hakim Nurridin. (Glesius, Amy) (Entered: 03/12/2009)	March 12, 2009	March 12, 2009 PACER
27	Joint Motion for extension of Non-Expert and Expert Discovery until September 30, 2009 and November 16, 2009 filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 03/16/2009)	March 16, 2009	March 16, 2009 PACER
	Order [non-document]granting (27) joint motion to extend deadlines and trial date. non-expert discovery due 9/30/09; expert discovery due by 11/16/2009; Dispositive Motions due by 1/8/2010; Jury Trial reset for 5/3/2010 09:00 AM in Courtroom 17B before Judge Ann Aldrich. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA. Approved by Judge Ann Aldrich(K,V)	March 18, 2009	March 18, 2009 PACER
28	Amended Intervenor's complaint with jury demand adding new party defendants Rex Davidson and Mitchell Mincy, filed by Dean Okafor, Hakim Nurridin. (Glesius, Amy) Modified text on 5/13/2009 (B,B). (Entered: 05/08/2009)	May 8, 2009	May 8, 2009 PACER
29	Notice of withdrawal of counsel filed by M. Jean Clickner on behalf of Equal Employment Opportunity Commission. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(Clickner, M.) Modified text on 5/13/2009 (B,B). (Entered: 05/12/2009)	May 12, 2009	May 12, 2009 PACER
30	Combined Answer to 28 Intervenor's complaint filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) (Entered: 06/05/2009)	June 5, 2009	June 5, 2009 PACER
31	Attorney Appearance filed by Christina M. Royer on behalf of Hakim Nurridin. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(Royer, Christina) Modified text on 6/10/2009 (B,B). (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
32	Waiver of Service Returned Executed by Hakim Nurridin. Spitzer Management, Inc., Spitzer Motor City, Inc., Rex Davidson, Mitchell Mincy waivers sent on 5/8/2009, answers due 7/7/2009. filed on behalf of Hakim Nurridin (Royer, Christina) Modified text on 6/10/2009 (B,B). (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
33	FILING ERROR: Waiver of Service Returned Executed by Hakim Nurridin. Rex Davidson waiver sent on 5/8/2009, answer due 7/7/2009. filed on behalf of Hakim Nurridin (Royer, Christina) Modified text on 6/10/2009 (B,B). (Duplicate entry, please see Document #32) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
34	FILING ERROR: Waiver of Service Returned Executed by Hakim Nurridin. Mitchell Mincy waiver sent on 5/8/2009, answer due 7/7/2009. filed on behalf of Hakim Nurridin (Royer, Christina) Modified text on 6/10/2009 (B,B). (Triplicate entry, please see Document #32) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
35	FILING ERROR: Waiver of Service Returned Executed by Hakim Nurridin. Spitzer Motor City, Inc. waiver sent on 5/8/2009, answer due 7/7/2009. filed on behalf of Hakim Nurridin (Royer, Christina) Modified text on 6/10/2009 (B,B). (Quadruplicate entry, please see Document #32) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
36	Motion for extension of non-exert discovery until 11/30/2009, Motion for leave to Plead filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) (Entered: 09/10/2009)	Sept. 10, 2009	Sept. 10, 2009 PACER
37	Defendants' Combined Answer to Complaint to Case No. 1:09cv00255 Consolidated Herein filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) (Entered: 09/10/2009)	Sept. 10, 2009	Sept. 10, 2009 PACER
	Order [non-document] granting 36 Motion for leave and 36 Motion to Extend Deadlines as follows: Non-expert discovery due 11/30/09, Expert discovery due 1/15/10, and Dispositive Motions due by 3/8/2010. Jury Trial reset for 7/12/2010 at 01:30 PM in Courtroom 17B before Judge Ann Aldrich. Approved by Judge Ann Aldrich on 9/11/09.(K,K)	Sept. 11, 2009	Sept. 11, 2009 PACER
38	Joint Motion to Approve Stipulation Regarding Discovery filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc., Plaintiff Equal Employment Opportunity Commission, Hakim Nurridin, Dean Okafor. (McMillan, Solvita) Modified text 11/25/2009 (K,K). (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
	Order [non-document] granting Motion to Approve Stipulation Regarding Discovery (Related Doc # 38) in case 1:06-cv-02337-AA. Approved by Judge Ann Aldrich on 11/25/09. Associated Cases: 1:08-cv-01326-AA and 1:08-cv-01542-AA.(K,K)	Nov. 25, 2009	Nov. 25, 2009 PACER
39	Notice to take Deposition of Toufic Hamdan on December 11, 2009 filed by All Defendants. (Cook, D.) (Entered: 12/07/2009)	Dec. 7, 2009	Dec. 7, 2009 PACER
40	Attorney Appearance of Carole Lohr filed by Cathleen M. Bolek on behalf of Dean Okafor. (Bolek, Cathleen) Modified text on 12/8/2009 (B,B). (Entered: 12/08/2009)	Dec. 8, 2009	Dec. 8, 2009 PACER
41	Notice of Service of Defendants' Answers to Plaintiff, EEOC's First Set of Interrogatories on 12/21/2009 filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 12/23/2009 (B,B). (Entered: 12/21/2009)	Dec. 21, 2009	Dec. 21, 2009 PACER
42	Unsigned Notice of Service of Defendants' Answers to Plaintiff, Hakim Nuriddin's First Set of Interrogatories and Request for Production of Documents on 12/21/2009 filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 12/23/2009 (B,B). (Entered: 12/21/2009)	Dec. 21, 2009	Dec. 21, 2009 PACER
43	Notice of Service of First Set of Combined Interrogatories, Requests for Admissions and Requests for Production of Documents upon Plaintiff EEOC on 12/28/2009 filed by Spitzer Management, Inc., Spitzer Motor City, Inc., and non-party Spitzer Autoworld Cleveland, LLC. (Cook, D.) Modified text on 12/30/2009 (B,B). (Entered: 12/28/2009)	Dec. 28, 2009	Dec. 28, 2009 PACER
44	Notice of Service of First Set of Combined Interrogatories, Requests for Admissions and Requests for Production of Documents upon Intervening Plaintiff, Dean Okafor on 12/28/2009 filed by Spitzer Management, Inc., Spitzer Motor City, Inc., and non-party Spitzer Autoworld Cleveland, LLC. (Cook, D.) Modified text on 12/30/2009 (B,B). (Entered: 12/28/2009)	Dec. 28, 2009	Dec. 28, 2009 PACER
45	Notice of Service of First Set of Combined Interrogatories, Requests for Admissions and Requests for Production of Documents upon Intervening Plaintiff Hakim Nuriddin on 12/28/2009 filed by Spitzer Management, Inc., Spitzer Motor City, Inc., and non-party Spitzer Autoworld Cleveland, LLC. (Cook, D.) Modified text on 12/30/2009 (B,B). (Entered: 12/28/2009)	Dec. 28, 2009	Dec. 28, 2009 PACER
46	Subpoenas returned executed; servied upon Alawy Alawi by regular mail on 12/15/2009, Michael Blackmur, Robert Rex Davidson, and Tracy Graham by priority mail on 12/15/2009, Michael Procaccini and Kevin Szatala by priority mail on 12/18/2009 filed by Equal Employment Opportunity Commission. (McMillan, Solvita) Modified text on 1/6/2010 (B,B). (Entered: 01/05/2010)	Jan. 5, 2010	Jan. 5, 2010 PACER
47	Notice of Service of employment files of Alawy Ali, Kevin Szatala, Ester Kim, and Mitch Mincey on 1/22/2010 filed by Spitzer Management, Inc.. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(Cook, D.) Modified text on 1/25/2010 (B,B). (Entered: 01/22/2010)	Jan. 22, 2010	Jan. 22, 2010 PACER
48	Notice of Service Objections and Responses to Requests for Admissions on 1/25/2010 filed by Dean Okafor. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(Lohr, Carole); by (s/Cathleen Bolek) Modified text on 1/26/2010 (B,B). (Entered: 01/25/2010)	Jan. 25, 2010	Jan. 25, 2010 PACER
49	Motion by Christina M. Royer to withdraw as attorney filed by Intervenor Hakim Nurridin. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(Royer, Christina) Modified text on 1/29/2010 (B,B). (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
	Order [non-document] granting Motion to withdraw as attorney, attorney Christina M. Royer removed from case. (Related Doc # 49 ). Approved by Judge Ann Aldrich on 2/1/10.(K,K)	Feb. 1, 2010	Feb. 1, 2010 PACER
50	Notice of Withdrawal of Appearance of Counsel filed by Equal Employment Opportunity Commission. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(McMillan, Solvita) (Entered: 02/03/2010)	Feb. 3, 2010	Feb. 3, 2010 PACER
51	Notice to take Deposition of Anthony B. Giardini, Esq. on February 26, 2010 at 9:30 am filed by Equal Employment Opportunity Commission. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(McMillan, Solvita) (Entered: 02/05/2010)	Feb. 5, 2010	Feb. 5, 2010 PACER
52	Notice of Service of the employment file of Rex Davidson on 2/11/2010 filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 2/12/2010 (B,B). (Entered: 02/10/2010)	Feb. 10, 2010	Feb. 10, 2010 PACER
53	Joint Motion to continue Discovery filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc., Plaintiff Equal Employment Opportunity Commission, Hakim Nurridin, Dean Okafor. (Cook, D.) (Entered: 02/11/2010)	Feb. 11, 2010	Feb. 11, 2010 PACER
54	Motion for extension of Dispositive Motion deadline until April 16, 2010 filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 2/16/2010 (B,B). (Entered: 02/15/2010)	Feb. 15, 2010	Feb. 15, 2010 PACER
55	Motion for attorney Patricia Griffith to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3956996, filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Attachments: # 1 Certificate Good Standing)(Cook, D.) (Entered: 02/15/2010)	Feb. 15, 2010	Feb. 15, 2010 PACER
	Order [non-document]granting Motion for appearance pro hac vice by attorney Patricia G. Griffith for Spitzer Management, Inc., Spitzer Motor City, Inc. Judge Ann Aldrich (Related Doc # 55 ) Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(K,V) Modified text on 2/17/2010 (B,B).	Feb. 16, 2010	Feb. 16, 2010 PACER
	Order [non-document]granting Motion to continue (Related Doc # 53 ); granting 54 Motion to Extend Deadlines; in case 1:06-cv-02337-AA Discovery due by 3/12/2010. Dispositive Motions due by 4/16/2010,Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(K,V)Judge Ann Aldrich	Feb. 16, 2010	Feb. 16, 2010 PACER
56	Subpoena Returned Executed; served upon Anthony B. Giardini by Regular U.S. Mail on 02/04/2010 filed on behalf of Equal Employment Opportunity Commission Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA(McMillan, Solvita) (Entered: 02/23/2010)	Feb. 23, 2010	Feb. 23, 2010 PACER
57	Motion for partial protective order or, alternatively, to quash filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Attachments: # 1 Exhibit Subpoena)(Giardini, Anthony); by (s/Patricia G. Griffith) Modified text on 3/5/2010 (B,B). (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
58	Motion by Anthony B. Giardini to withdraw as attorney for Defendants filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Giardini, Anthony) (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
	Order [non-document] granting Motion to withdraw as attorney, attorney Anthony B. Giardini removed from case. (Related Doc # 58 ). Approved by Judge Ann Aldrich on 3/1/10.(K,K)	March 1, 2010	March 1, 2010 PACER
59	Motion for leave to file Amended Complaint filed by Hakim Nurridin, Dean Okafor. (Attachments: # 1 Exhibit A Notice of Charge, # 2 Exhibit B Notice of Charge, # 3 Exhibit C Complaint, # 4 Exhibit D Discovery Response, # 5 Exhibit E Transcript, # 6 Exhibit F Amended Complaint)(Bolek, Cathleen) Modified text on 3/10/2010 (B,B). (Entered: 03/05/2010)	March 5, 2010	March 5, 2010 PACER
60	Motion for a 10 day leave until 3/17/2010 to Respond to Plaintiff Intervenors Motion for Leave to File Amended Complaint filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 3/10/2010 (B,B). (Entered: 03/08/2010)	March 8, 2010	March 8, 2010 PACER
	Order [non-document]granting Defendants' motion for leave to respond to plaintiff-intervenors' motion for leave to file amended complaint until 3/17/2010 (Related Doc # 60 ) Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542, 09-cv-00255. Judge Ann Aldrich(K,V) Modified text on 3/10/2010 (B,B).	March 10, 2010	March 10, 2010 PACER
61	Unopposed Motion for extension of Time to File Memorandum in Opposition to Spitzer Defendants' Motion for Partial Protective Order, or, Alternatively, to Quash until March 19, 2010 filed by Plaintiff Equal Employment Opportunity Commission. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA(McMillan, Solvita) (Entered: 03/10/2010)	March 10, 2010	March 10, 2010 PACER
	Order [non-document]granting 61 Plaintiff's unopposed motion to extend deadlines until 3/19/10 for filing opposition to Spitzer Defendants' motion for partial protective order or to quash. Judge Ann Aldrich (K,V) Modified text on 3/12/2010 (B,B).	March 12, 2010	March 12, 2010 PACER
62	FILING ERROR. Attorney to re-file Motion. Motion for conference/hearing filed by Intervenor Hakim Nurridin. (Attachments: # 1 Exhibit Correspondence of 12-31-2009, # 2 Exhibit Correspondence of 1-25-2010, # 3 Exhibit Correspondence of 2-16-2010)(Glesius, Amy) Modified on 3/15/2010 (B,R). (Entered: 03/12/2010)	March 12, 2010	March 12, 2010 PACER
63	Motion for discovery conference (re-filed Document No. 62) filed by Intervenor Hakim Nurridin. (Attachments: # 1 Exhibit Correspondence of December 31, 2009, # 2 Exhibit Correspondence of January 25, 2010, # 3 Exhibit Correspondence of February 16, 2010)(Glesius, Amy) Modified text on 3/16/2010 (B,B). (Entered: 03/15/2010)	March 15, 2010	March 15, 2010 PACER
	Order [non-document] granting Motion for discovery conference (Related Doc # 63 ). This issue will be referred to Magistrate Judge Greg White for resolution. Judge Ann Aldrich(K,V) Modified text on 3/23/2010 (B,IE).	March 16, 2010	March 16, 2010 PACER
64	Order referring case to Magistrate Judge Greg White to conduct a discovery conference. Judge Ann Aldrich on 3/16/2010. (K,V) (Entered: 03/16/2010)	March 16, 2010	March 16, 2010 PACER
	Notice of Hearing [non-document]. In-person Discovery Dispute Conference set for 3/19/2010 at 10:00 a.m. in Chambers 11B before Magistrate Judge Greg White. Counsel shall be prepared to discuss all outstanding discovery issues. (Related document(s) 63, 64 ) (S,S)	March 16, 2010	March 16, 2010 PACER
	Notice of Hearing [non-document]. Discovery Dispute Conference rescheduled (upon request of counsel) for 3/19/2010 at 1:00 p.m. in Chambers 11B before Magistrate Judge Greg White. (S,S)	March 16, 2010	March 16, 2010 PACER
65	Address Change Notice filed by Patricia G. Griffith on behalf of non-party Spitzer Autoworld Cleveland, LLC., Spitzer Management, Inc., Spitzer Motor City, Inc.. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA(Griffith, Patricia) Modified text on 3/18/2010 (B,B). (Entered: 03/17/2010)	March 17, 2010	March 17, 2010 PACER
66	Response to 59 Hakim Nurridin's and Dean Okafor's Motion for leave to file Amended Complaint filed by Spitzer Management, Inc., Spitzer Motor City, Inc.. (Griffith, Patricia) Modified text on 3/18/2010 (B,B). (Entered: 03/17/2010)	March 17, 2010	March 17, 2010 PACER
67	Notice of Service of Discovery Responses on 3/18/2010 filed by All Defendants. (Cook, D.) Modified text on 3/19/2010 (B,B). (Entered: 03/18/2010)	March 18, 2010	March 18, 2010 PACER
68	Notice of Service of Discovery Responses filed by All Defendants. (Cook, D.) (Entered: 03/18/2010)	March 18, 2010	March 18, 2010 PACER
69	Joint Opposition to 57 Motion for protective order or, alternatively, to quash, filed by Equal Employment Opportunity Commission, Hakim Nurridin, Dean Okafor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Bolek, Cathleen) Modified text on 3/19/2010 (B,B). (Entered: 03/19/2010)	March 19, 2010	March 19, 2010 PACER
70	Minutes of proceedings before Magistrate Judge Greg White. Discovery Dispute Conference held on 3/19/2010. (Court Reporter: none.) (Time: 3 hrs., 45 mins.) (S,S) (Entered: 03/22/2010)	March 22, 2010	March 22, 2010 PACER
71	Joint Motion for extension of Discovery cut-off until May, 7, 2010 and Dispositive Motion cut-off until May 28, 2010 filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc., Plaintiff Equal Employment Opportunity Commission, Hakim Nurridin, Dean Okafor. (Cook, D.) Modified text on 3/24/2010 (B,B). (Entered: 03/24/2010)	March 24, 2010	March 24, 2010 PACER
	Order [non-document] granting 71 motion to extend deadlines in Case No. 1:06cv2337; Discovery due by 5/7/2010. Dispositive Motions due by 5/28/2010, responses by 6/18/20 and replies if any, by 6/25/2010. Jury Trial reset for 9/27/2010 at 01:00 PM in Courtroom 17B before Judge Ann Aldrich. Approved by Judge Ann Aldrich on 3-24-2010.Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA(K,V) Modified text and links on 3/24/2010 (B,B).	March 24, 2010	March 24, 2010 PACER
72	Motion to Amend Defendants' Response to Plaintiff-Intervenors' Motion to Amend Complaint filed by Rex Davidson, Mitchell Mincy, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) Modified text on 4/1/2010 (B,B). (Entered: 03/24/2010)	March 24, 2010	March 24, 2010 PACER
	Order [non-document]granting motion for order to amend defendants' response to plaintiff-intervenors' motion to amend complaint(Related Doc # 72 ), Judge Ann Aldrich (K,V)	April 1, 2010	April 1, 2010 PACER
73	Notice of Service of First Supplemental Discovery Documents on 4/5/2010 filed by Spitzer Management, Spitzer Motor City, Inc., an d non-party Spitzer Autoworld Cleveland, LLC. (Cook, D.) Modified text on 4/6/2010 (B,B). (Entered: 04/05/2010)	April 5, 2010	April 5, 2010 PACER
74	Memorandum Opinion and Order denying motion for a protective order or, alternatively, to quash filed by defendants Spitzer Management, Inc., Spitzer Motor City, Inc., Rex Davidson, and Mitchell Mincy (collectively, Spitzer). (Related Doc # 57 ) Judge Ann Aldrich on 4-8-2010.(K,V) (Entered: 04/08/2010)	April 8, 2010	April 8, 2010 PACER
75	Memorandum Opinion and Order (Related Doc # 59 )that Okafor and Nuriddins motion to amend the complaint is granted. Judge Ann Aldrich on 4-8-2010.Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA(K,V)	April 8, 2010	April 8, 2010 RECAP
	Remark-ERROR in docketing. The motion for protective is still active and has not been ruled upon and is not denied at this time. Associated Cases: 1:08-cv-01326-AA, 1:06-cv-02337-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA (K,V)	April 8, 2010	April 8, 2010 PACER
76	Amended Memorandum Opinion and Order denying Spitzer Management, Inc.'s, Spitzer, Spitzer Motor City, Inc.'s motion for partial protective order re 57 . Judge Ann Aldrich on 4-9-2010. Associated Cases: 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:08-cv-01542-AA, 1:09-cv-00255-AA(K,V) Modified text on 4/9/2010 (B,B).	April 9, 2010	April 9, 2010 RECAP
77	Amended complaint with jury demand against All Defendants and adding new party defendant(s) Alan Spitzer. Filed by Dean Okafor, Hakim Nurridin. Associated Cases: 1:08-cv-01542-AA, 1:06-cv-02337-AA, 1:08-cv-01326-AA, 1:09-cv-00255-AA (Bolek, Cathleen) Modified text on 4/12/2010 (B,B). (Entered: 04/12/2010)	April 12, 2010	April 12, 2010 PACER
	Pursuant to General Order 2010-12. This case is returned to the Clerk for random reassignment. Judge James G. Carr on 5/3/10. (C,BA)	May 6, 2010	May 6, 2010 PACER
	Judge John R. Adams assigned to case. Judge Ann Aldrich terminated. (C,BA)	May 6, 2010	May 6, 2010 PACER

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Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: Sept. 12, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that were allegedly victims of retaliation and discrimination on basis of their national origin.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Spitzer Management, Inc. (Cleveland, Ohio), Private Entity/Person

Defendant Type(s):