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

Clearinghouse coding complete

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 violatio…

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.

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)

Hemann, Patricia A. (Ohio)

Attorneys(s) 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)

Judge(s)

Adams, John R. (Ohio)

Aldrich, Ann (Ohio)

Hemann, Patricia A. (Ohio)

Attorneys(s) 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)

Attorneys(s) for Defendant

Cook, D. Christopher (Ohio)

Giardini, Anthony B. (Ohio)

Griffith, Patricia (Georgia)

Scully, William F. Jr. (Ohio)

Other Attorney(s)

Besser, Matthew D. (Ohio)

Bolek, Cathleen M. (Ohio)

Glesius, Amy S. (Ohio)

Lohr, Carole A. (Ohio)

Royer, Christina M. (Ohio)

Expert/Monitor/Master

Cohen, David Rosenblum (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Spitzer Management, Inc.

Oct. 3, 2013 Docket
1

Complaint

EEOC v. Spitzer Management, Inc.

Sept. 27, 2006 Complaint
12

Amended Complaint and Jury Demand

EEOC v. Spitzer Management, Inc.

Aug. 10, 2007 Complaint
25

Memorandum and Order

Equal Employment Opportunity Commission v. Spitzer Management, Inc.

Feb. 24, 2009 Order/Opinion
28

Amended Complaint of Plaintiff-Intervenor

Equal Employment Opportunity Commission v. Spitzer Management, Inc.

May 8, 2009 Complaint
77

Amended Complaint of Plaintiff-Intervenors

Equal Employment Opportunity Commission v. Spitzer Management, Inc.

April 12, 2010 Complaint
214

Memorandum of Opinion and Order

EEOC v. Spitzer Management, Inc.

866 F.Supp.2d 851

March 30, 2012 Order/Opinion
321

Order

EEOC v. Spitzer Management, Inc.

Jan. 23, 2013 Order/Opinion
336

Order

EEOC v. Spitzer Management, Inc.

2013 WL 2250757

May 22, 2013 Order/Opinion
353

Consent Decree

EEOC v. Spitzer Management, Inc.

Sept. 12, 2013 Order/Opinion

Docket

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

Last updated May 20, 2022, 12:57 a.m.

ECF Number Description 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
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 RECAP
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 RECAP

Judge Ann Aldrich assigned to case. (C, BA) (Entered: 09/27/2006)

Sept. 27, 2006
214

Memorandum of Opinion and Order resolving each of Defendants' pending Motions for summary judgment (Related Docs # 127 , 136 , 141 , 142 , 143 , 144 , and 145 ). See order for more specific details. Judge John R. Adams on 3/30/12.(L, J)

March 30, 2012 RECAP

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) (Entered: 09/27/2006)

Sept. 27, 2006
2

Magistrate Consent Form issued to counsel. (C, BA) (Entered: 09/27/2006)

Sept. 27, 2006
336

Order denying Plaintiffs' Motions for default judgment (Related Docs # 320 326 ); granting Plaintiffs' motions for fees and costs (Related Docs # 326 327 ); granting Defendants' Motion for leave to file a supplemental opposition(Related Doc # 331 ). Status Conference set for 6/5/2013 at 01:30 PM in Courtroom 575 before Judge John R. Adams. All counsel and parties shall attend. See order for further details. Judge John R. Adams on 5/22/13.(L,J)

May 22, 2013 RECAP
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
4

Answer to Complaint (Related Doc # 1 ) filed by Spitzer Management, Inc.. (Giardini, Anthony) (Entered: 11/30/2006)

Nov. 30, 2006
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
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
7

Motion to attend Case Management Conference by telephone filed by Spitzer Management, Inc.. (Giardini, Anthony) (Entered: 01/18/2007)

Jan. 18, 2007

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) (Entered: 01/19/2007)

Jan. 19, 2007
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
9

Attorney Appearance for Lawrence Mays, Senior Trial Attorney, EEOC by Solvita A. McMillan filed by on behalf of Equal Employment Opportunity Commission.

June 15, 2007
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

Order [non−document]granting Plaintiff's motion for leave to file amended complaint (Related Doc # 10 ). Judge Ann Aldrich(K,V) (Entered: 08/10/2007)

Aug. 10, 2007
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
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

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) (Entered: 03/04/2008)

March 4, 2008
14

Joint Motion to consolidate cases filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/29/2008)

Aug. 29, 2008

Order [non−document]denying as moot Motion to consolidate cases (Related Doc # 14 ). Judge Ann Aldrich(K,V) (Entered: 09/03/2008)

Sept. 3, 2008
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
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
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
18

Attorney Appearance by D. Christopher Cook filed by on behalf of all defendants. (Cook, D.) (Entered: 01/08/2009)

Jan. 8, 2009
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
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
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
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
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
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
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
26

Intervenor's complaint , filed by Dean Okafor, Hakim Nurridin. (Glesius, Amy) (Entered: 03/12/2009)

March 12, 2009
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

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) (Entered: 03/18/2009)

March 18, 2009
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
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
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
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
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
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
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
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
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
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
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

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) (Entered: 11/25/2009)

Nov. 25, 2009
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
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
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
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
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
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
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
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
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
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
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:

Jan. 29, 2010
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
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
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
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
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
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

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). (Entered: 02/16/2010)

Feb. 16, 2010

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 (Entered: 02/16/2010)

Feb. 16, 2010
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
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
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

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) (Entered: 03/01/2010)

March 1, 2010
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

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). (Entered: 03/10/2010)

March 10, 2010
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

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). (Entered: 03/12/2010)

March 12, 2010
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
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

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). (Entered: 03/16/2010)

March 16, 2010
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

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) (Entered: 03/16/2010)

March 16, 2010

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) (Entered: 03/16/2010)

March 16, 2010
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
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
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
68

Notice of Service of Discovery Responses filed by All Defendants. (Cook, D.) (Entered: 03/18/2010)

March 18, 2010
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:

March 19, 2010
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

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). (Entered: 03/24/2010)

March 24, 2010
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

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) (Entered: 04/01/2010)

April 1, 2010
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
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
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

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) (Entered: 05/06/2010)

May 6, 2010

Judge John R. Adams assigned to case. Judge Ann Aldrich terminated. (C,BA) (Entered: 05/06/2010)

May 6, 2010

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Limbert. (C,BA) (Entered: 05/07/2010)

May 6, 2010
79

Notice of Service of Supplemental Discovery Responses filed by All Defendants. (Cook, D.) (Entered: 05/18/2010)

May 18, 2010
80

Motion to stay Dispositive Briefing Schedule Pending Telephone Conference Set for June 3, 2010 filed by Rex Davidson, Mitchell Mincy, Alan Spitzer, Spitzer Management, Inc., Spitzer Motor City, Inc.. (Cook, D.) (Entered: 05/18/2010)

May 18, 2010
81

FILING ERROR− filer notified to refile with complete case caption information. Waiver of Service Returned Executed by Hakim Nurridin, Dean Okafor. Alan Spitzer waiver sent on 4/12/2010, answer due 6/11/2010. Filed on behalf of Hakim Nurridin; Dean Okafor Associated Cases: 1:06−cv−02337−JRA, 1:08−cv−01326−JRA, 1:08−cv−01542−JRA, 1:09−cv−00255−JRA(Bolek, Cathleen) Modified text on 5/20/2010 (R,Sh). (Entered: 05/19/2010)

May 19, 2010

State / Territory: Ohio

Case Type(s):

Equal Employment

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):

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

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

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 430,000

Order Duration: 2013 - 2018

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

Race:

Asian/Pacific Islander

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Other