Case: EEOC v. Founders Pavilion, Inc.

6:13-cv-01438 | U.S. District Court for the Western District of New York

Filed Date: May 16, 2013

Closed Date: Jan. 9, 2019

Clearinghouse coding in progress

Case Summary

Summary Authors

Kowa Takata (12/25/2014)

Hope Brinn (4/3/2020)

Clearinghouse (12/23/2018)

People


Judge(s)
Attorney for Plaintiff

Adams, Raechel (New York)

Batog, Konrad (New York)

Grossman, Elizabeth (New York)

Attorney for Defendant

Galewski, Roy R. (New York)

Moore, Daniel J. (New York)

show all people

Documents in the Clearinghouse

Document

6:13-cv-06250

Docket

Jan. 9, 2014

Jan. 9, 2014

Docket
1

6:13-cv-06250

Complaint

May 16, 2013

May 16, 2013

Complaint
5

6:13-cv-06250

Amended Complaint

June 17, 2013

June 17, 2013

Complaint
13

6:13-cv-06250

Consent Decree

Jan. 9, 2014

Jan. 9, 2014

Order/Opinion

2014 WL 2014

6:13-cv-06250

Founders Pavilion Will Pay $370,000 to Settle EEOC Genetic Information Discrimination Lawsuit

Jan. 13, 2014

Jan. 13, 2014

Press Release

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT against Founders Pavilion, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 summons)(Grossman, Elizabeth) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

Case Assigned to Hon. Charles J. Siragusa. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

2

Summons Issued as to Founders Pavilion, Inc. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

3

AUTOMATIC REFERRAL to Mediation. ADR Plan electronically sent to attorneys. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.uscourts.gov/forms/AO085.pdf Notification to chambers of on − line civil opening. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

4

NOTICE of Appearance by Michael J. O'Brien on behalf of Equal Employment Opportunity Commission. Modified on 6/18/2013 to correct docket text (EAK). Modified on 6/18/2013 (EAK). (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

5

AMENDED COMPLAINT against Founders Pavilion, Inc., filed by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

E − Filing Notification re 4 NOTICE of Appearance. Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. (EAK) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

6

NOTICE of Appearance by Konrad Batog on behalf of Equal Employment Opportunity Commission (Batog, Konrad) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

7

MOTION to Withdraw as Attorney Filed by Michael O'Brien by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

8

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Founders Pavilion, Inc. waiver sent on 6/17/2013, answer due 8/16/2013. (Batog, Konrad) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

9

STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 10/16/2013. Signed by Hon. Charles J. Siragusa on 8/16/13. (KAP) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

10

MOTION to Continue by Equal Employment Opportunity Commission.(Batog, Konrad) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

11

LETTER ORDER granting 10 Motion to Continue. Defendant's answer is due 45 days after government is no longer shut down. Signed by Hon. Charles J. Siragusa on 10/15/13. (KAP) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

12

STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 12/31/2013. Signed by Hon. Charles J. Siragusa on 11/26/13. (KAP) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

13

− CLERK TO FOLLOW UP − CONSENT DECREE. Signed by Hon. Charles J. Siragusa on 1/9/14. (Attachments: # 1 Exhibit)(KAP)Clerk to close the case. (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 16, 2013

Closing Date: Jan. 9, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

EEOC

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Founders Pavilion, Inc (Steuben), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available 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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 370,000

Order Duration: 2014 - 2019

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

Disability and Disability Rights:

disability, unspecified

Learning disability

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Pregnancy discrimination

EEOC-centric:

Direct Suit on Merits